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The New York Times lists Emmy winners. The AP has an overview story here.

New York Times: “Hvaldimir, a beluga whale who had captured the public’s imagination since 2019 after he was spotted wearing a harness seemingly designed for a camera, was found dead on Saturday in Norway, according to a nonprofit that worked to protect the whale.... [Hvaldimir] was wearing a harness that identified it as “equipment” from St. Petersburg. There also appeared to be a camera mount. Some wondered if the whale was on a Russian reconnaissance mission. Russia has never claimed ownership of the whale. If Hvaldimir was a spy, he was an exceptionally friendly one. The whale showed signs of domestication, and was comfortable around people. He remained in busier waters than are typical for belugas....” ~~~

     ~~~ Marie: Oh, Lord, do not let Bobby Kennedy, Jr., near that carcass. ~~~

     ~~~ AP Update: “There’s no evidence that a well-known beluga whale that lived off Norway’s coast and whose harness ignited speculation it was a Russian spy was shot to death last month as claimed by animal rights groups, Norwegian police said Monday.... Police said that the Norwegian Veterinary Institute conducted a preliminary autopsy on the animal, which was become known as 'Hvaldimir,' combining the Norwegian word for whale — hval — and the first name of Russian President Vladimir Putin. 'There are no findings from the autopsy that indicate that Hvaldimir has been shot,' police said in a statement.”

New York Times: Botswana's “President Mokgweetsi Masisi grinned as he lifted the diamond, a 2,492-carat stone that is the biggest diamond unearthed in more than a century and the second-largest ever found, according to the Vancouver-based mining operator Lucara, which owns the mine where it was found. This exceptional discovery could bring back the luster of the natural diamond mining industry, mining companies and experts say. The diamond was discovered in the same relatively small mine in northeastern Botswana that has produced several of the largest such stones in living memory. Such gemstones typically surface as a result of volcanic activity.... The diamond will likely sell in the range of tens of millions of dollars....”

Click on photo to enlarge.

~~~ Guardian: "On a distant reef 16,000km from Paris, surfer Gabriel Medina has given Olympic viewers one of the most memorable images of the Games yet, with an airborne celebration so well poised it looked too good to be true. The Brazilian took off a thundering wave at Teahupo’o in Tahiti on Monday, emerging from a barrelling section before soaring into the air and appearing to settle on a Pacific cloud, pointing to the sky with biblical serenity, his movements mirrored precisely by his surfboard. The shot was taken by Agence France-Presse photographer Jérôme Brouillet, who said “the conditions were perfect, the waves were taller than we expected”. He took the photo while aboard a boat nearby, capturing the surreal image with such accuracy that at first some suspected Photoshop or AI." 

Washington Post: “'Mary Cassatt at Work' is a large and mostly satisfying exhibition devoted to the career of the great American artist beloved for her sensitive and often sentimental views of family life. The 'at work' in the title of the Philadelphia Museum of Art show references the curators’ interest in Cassatt’s pioneering effort to establish herself as a professional artist within a male-dominated field. Throughout the show, which includes some 130 paintings, pastels, prints and drawings, the wall text and the art on view stresses Cassatt’s fixation on art as a career rather than a pastime.... Mary Cassatt at Work is on view at the Philadelphia Museum of Art through Sept. 8. philamuseum.org

New York Times: “Bob Newhart, who died on Thursday at the age of 94, has been such a beloved giant of popular culture for so long that it’s easy to forget how unlikely it was that he became one of the founding fathers of stand-up comedy. Before basically inventing the hit stand-up special, with the 1960 Grammy-winning album 'The Button-Down Mind of Bob Newhart' — that doesn’t even count his pay-per-view event broadcast on Canadian television that some cite as the first filmed special — he was a soft-spoken accountant who had never done a set in a nightclub. That he made a classic with so little preparation is one of the great miracles in the history of comedy.... Bob Newhart holds up. In fact, it’s hard to think of a stand-up from that era who is a better argument against the commonplace idea that comedy does not age well.”

Washington Post: “An early Titian masterpiece — once looted by Napolean’s troops and a part of royal collections for centuries — caused a stir when it was stolen from the home of a British marquess in 1995. Seven years later, it was found inside an unassuming white and blue plastic bag at a bus stop in southwest London by an art detective, and returned. This week, the oil painting 'The Rest on the Flight into Egypt' sold for more than $22 million at Christie’s. It was a record for the Renaissance artist, whom museums describe as the greatest painter of 16th-century Venice. Ahead of the sale in April, the auction house billed it as 'the most important work by Titian to come to the auction market in more than a generation.'”

Washington Post: The Folger Shakespeare Library in Washington, D.C., which houses the world's largest collection of Shakespeare material, has undergone a major renovation. "The change to the building is pervasive, both subtle and transformational."

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Constant Comments

A nation of sheep will beget a government of wolves. -- Edward R. Murrow

Publisher & Editor: Marie Burns


Thursday
Dec142023

The Conversation -- December 14, 2023

Brian Slodysko of the AP: "Rep. James Comer, a multimillionaire farmer, boasts of being one of the largest landholders near his rural Kentucky hometown.... But there are 6 acres (2.4 hectares) that he bought in 2015 and co-owns with a longtime campaign contributor that he has treated differently [from his other landholdings], transferring his ownership to Farm Team Properties, a shell company he co-owns with his wife.... [Comer's] ... finances and relationships have begun to draw notice..., including his ties to prominent local figures who have complicated pasts not all that dissimilar to some of those caught up in his Biden [impeachment] probe.... The AP found that Farm Team Properties functions in a similarly opaque way as the companies used by the Bidens, masking his stake in the land that he co-owns with the donor from being revealed on his financial disclosure forms.... [In an appearance on Fox, Comer] also falsely claimed that the donor, Darren Cleary, 'wasn't a campaign contributor' at the time the property was purchased. Cleary and his family have donated to Comer's political campaigns since at least 2010, records show.... Interviews with allies, critics and constituents ... reveal a fierce partisan who has ignored wrongdoing by friends and supporters if they can help him advance in business and politics.” ~~~

     ~~~ Marie: This isn't even a case of the pot calling the kettle black. Joe Biden has not been embroiled in any of the type of shady deals and political relationships that Comer is trying to hide from the public.

Questions for a Situationally "Concerned"TM Susan Collins Member of Congress. After Rep. Rep. Elise Stefanik (R-N.Y.) made hay of asking university presidents to provide some "moral clarity" about antisemitism on college campuses. So Rep. Jamie Raskin (D-Md.), in a CNN opinion piece, challenged Stefanik to provide "moral clarity" to how she would answer five yes/no questions about presidential* antisemitism: Sample questions: "Is a candidate qualified to be president who hosted at his home for dinner Nick Fuentes, an avowedly pro-Hitler, Holocaust revisionist calling for a 'holy war' against the Jewish people, and Kanye West, who vowed to go 'death con 3' against Jews? Yes or no, Ms. Stefanik?... Do you regret endorsing Donald Trump for president in 2016 just days after he tweeted an image of the Star of David superimposed over Hillary Clinton's face and a thick pile of cash? Yes or no, Ms. Stefanik? CNN adds Stefanik's "answer," which unsurprisingly does not respond to the questions. Thanks to RAS for the link.

Lauren del Valle & Kara Scannell of CNN: "A New York appellate court rejected Donald Trump's challenge of the gag order in his civil fraud trial Thursday. Trump's attorneys petitioned the court over the gag order that bars him and the attorneys from speaking publicly about Judge Arthur Engoron's court staff. In rejecting the challenge Thursday, the appeals court said Trump didn't use the proper legal vehicle to challenge the gag order and sanctions."

From ABC News live updates: The defamation case against Rudy Giuliani has gone to the jury. The attorneys have made their closing statements and Judge Beryl Howell has instructed the jury, emphasizing "that the court has already determined Giuliani's statements to be defamatory and untrue." ~~~

~~~ Hmm, It Seems Rudy's Lawyers Muzzled Him. Devan Cole & Holmes Lybrand of CNN: "... Rudy Giuliani will no longer testify in his defamation damages trial over how much he should pay two Georgia election workers millions of dollars in damages for spreading conspiracy theories about them after the 2020 election.... The decision not to appear comes after the Georgia election workers -- Ruby Freeman and her daughter, Shaye Moss -- provided gut-wrenching testimony over the course of two days about how the lies spread by him damaged their reputations and upended their lives." ~~~

     ~~~ Marie: Just two days ago, Rudy told reporters outside the courtroom, "When I testify, the whole story will be definitively clear that what I said was true, and that, whatever happened to them -- which is unfortunate about other people overreacting -- everything I said about them is true." Giuliani also asserted that Moss and Freeman "engaged in changing votes." And when a reporter argued there was no proof the women tampered with ballots, Giuliani shot back, "You're damn right there is.... Stay tuned." Well, Rudy, we tuned in and all we got was radio silence.

~~~~~~~~~~

** House Votes for Impeachment About Nothing. Luke Broadwater of the New York Times: "The House voted on Wednesday to formally open an impeachment inquiry into President Biden, pushing forward with a yearlong G.O.P. investigation that has failed to produce evidence of anything approaching high crimes or misdemeanors. Republicans said the vote was needed to give them full authority to continue carrying out their investigation amid anticipated legal challenges from the White House. Democrats have denounced the inquiry as a fishing expedition and a political stunt." The Hill's report is here. (Also linked yesterday.) The Guardian's report is here. ~~~

     ~~~ Travis Gettys of the Raw Story: "A Republican congressman was caught on camera giving away his real goal at the impeachment inquiry into President Joe Biden. Rep. Troy Nehls (R-TX), one of Donald Trump's strongest allies in the U.S. House, was asked Tuesday on Capitol Hill what he hopes to gain from the inquiry into the president and his family's business dealings, and video obtained by Rolling Stone shows him appearing to admit it's political theater. 'All I can say is: Donald J. Trump 2024, baby!' Nehls replied." ~~~

     ~~~ Michael Luciano of Mediaite (Dec. 12): Fox "News" host Bret Baier pulled a clip of Speaker Mike Johnson when he complained four years ago about Democrats impeaching Donald Trump: "The Founders of this country warned against single-party impeachment for good reason. They feared it would bitterly and irreparably divide our nation.... I hope and pray future Congresses can and will exercise greater restraint." So Brer Bret, he asks, "So, the moderates in your caucus would say, 'Why not exercise greater restraint now?'" Without skipping a beat, Mike, he answers, "Well, we've shown great restraint. I mean, there are a lot of people who are frustrated this hasn't moved faster. But there's a big distinction ... between what's happening now and what the Democrats do. Those were rushed, sham impeachments." MB: Right. Another big difference: Democrats had ample evidence against Donald Trump (much of which Trump himself provided) that he had committed impeachable offenses; Republicans have bupkus on Joe Biden.

     ~~~ President Biden's statement, via the White House, is here.

Luke Broadwater of the New York Times: "Hunter Biden, the president's son, appeared on Capitol Hill on Wednesday morning to offer to publicly testify in House Republicans' impeachment investigation into his father, though he insisted he would not appear for a private deposition they scheduled over his refusals. The younger Mr. Biden, who has been served a subpoena to testify, spoke to reporters in a hastily called news conference outside the Capitol near the Senate, across the complex from a House office building where Republican lawmakers were waiting to question him behind closed doors. It was a dramatic moment that came just hours before House Republicans were to hold a vote to formalize their impeachment inquiry into President Biden, after a year of investigation that has turned up no concrete evidence of high crimes or misdemeanors. They have pursued Hunter Biden for years, searching for evidence that his father was involved in corruption related to his business dealings with foreign entities...." (Also linked yesterday.) ~~~

~~~ Annie Grayer, et al., of CNN: "The Republican chairman behind the impeachment inquiry into President Joe Biden said Wednesday they will start contempt of Congress proceedings against Hunter Biden for not participating in his closed-door deposition on Wednesday, after he demanded to testify publicly. 'Hunter Biden today defied lawful subpoenas and we will now initiate contempt of Congress proceedings,' said House Oversight Chair James Comer and House Judiciary Chair Jim Jordan in a joint statement. 'We will not provide special treatment because his last name is Biden.'" (Also linked yesterday.)

Karoun Demirjian of the New York Times: "The Senate on Wednesday overwhelmingly passed an $886 billion defense bill that would set Pentagon policy and provide a 5.2 percent pay raise for military personnel, defying the demands of Republicans who failed to attach a raft of deeply partisan restrictions on abortion, transgender care and diversity initiatives. The vote was 87 to 13 to approve the legislation, which would expand the Defense Department's ability to compete with China and Russia in hypersonic and nuclear weapons. It would also direct hundreds of millions of dollars in military assistance to Ukraine and Israel. The Ukraine and Israel programs authorized by the bill are distinct from a $111 billion spending bill to send additional weapons to those countries, among other expenditures, that is currently stalled in Congress. The defense bill would also extend into 2025 a program that allows the intelligence community to conduct warrantless surveillance of foreign individuals outside the United States. The program has come under fire because of how the F.B.I. has handled the private messages of Americans." Politico's story is here.

The Trials of the Trump Mob

** Alan Feuer of the New York Times: "A federal judge on Wednesday put on hold all of the proceedings in ... Donald J. Trump's trial on charges of plotting to overturn the 2020 election as his lawyers asked an appeals court to move slowly in considering his claim that he is immune from prosecution in the case. The separate but related moves were part of an ongoing struggle between Mr. Trump's legal team and prosecutors working for the special counsel, Jack Smith, over the critical question of when the trial will actually be held.... On Wednesday morning, Mr. Trump's lawyers asked the federal appeals court to avoid setting an expedited schedule as it considered whether to dismiss the election subversion charges based on the former president's sweeping claims of executive immunity. In a 16-page filing that blended legal and political arguments, the lawyers asked a three-judge panel of the court not to move too quickly in mulling the question of immunity, saying that a 'reckless rush to judgment' would 'irreparably undermine public confidence in the judicial system.'... On Wednesday afternoon, the trial judge overseeing the election case, Tanya S. Chutkan, handed Mr. Trump a victory by suspending all 'further proceedings that would move this case towards trial' until the appeal of the immunity issue is resolved." (Also linked yesterday.) ~~~

The lawyers of Whoville could have a bleak Christmas, I guess is the argument. -- Jake Tapper of CNN ~~~

~~~ Isaac Schorr of Mediaite: "... Donald Trump's legal team compared Special Counsel Jack Smith to the Grinch in an official legal filing urging the U.S. Court of Appeals for the D.C. Circuit not to honor Smith's request that it quickly decide whether or not Trump is immune from prosecution in the 2020 election interference case.... They complained that Smith's 'proposed schedule would require attorneys and support staff to work round-the-clock through the holidays, inevitably disrupting family and travel plans.'... It is as if the Special Counsel "growled, with his Grinch finger nervously drumming, 'I must find some way to keep Christmas from coming.... But how?'"'... In a filing with the Supreme Court earlier this week, Smith made the case for the judicial system's expedited review of Trump's claim to immunity[.]... In a separate filing with the D.C. Circuit, Smith has submitted that 'the public has a strong interest in this case proceeding to trial in a timely manner.'" ~~~

     ~~~ Marie: BUT. It turns out the Appeals Court judges were not concerned that Trump's lawyers -- who may be billing his PACs as much as $2,000/hour -- have to work during the holidays. ~~~

~~~ Zoe Richards & Daniel Barnes of NBC News: "A federal court on Wednesday granted special counsel Jack Smith's request for an expedited appeal in the election interference case against ... Donald Trump. The U.S. Court of Appeals for the District of Columbia Circuit set several deadlines for prosecutors and the defense to file briefs laying out their positions on Trump's argument that the case should be dismissed on presidential immunity grounds. No date for oral arguments has been set. The decision to take up the appeal threatens to push back the trial's start date, currently scheduled for March 4. The third of three briefs requested by the appeals court is due Jan. 2. The appeal will be considered by Judge Karen Henderson, who was appointed by President George H.W. Bush, and Judges J. Michelle Childs and Florence Pan, both Biden appointees. The three-judge panel is the same group who granted the motion to expedite.... Smith has also asked the Supreme Court to quickly step in on the immunity claim."

That's No Gavel; It's a Monkey Wrench. Alan Feuer & Adam Liptak of the New York Times: "The Supreme Court agreed on Wednesday to decide a question at the heart of the federal election-interference case against ... Donald J. Trump and hundreds of prosecutions arising from the assault on the Capitol on Jan. 6, 2021. Can the government charge defendants in those cases under a federal law that makes it a crime to corruptly obstruct an official congressional proceeding? The decision to hear the case will complicate and perhaps delay the start of Mr. Trump's trial, now scheduled to take place in Washington in March. The Supreme Court's ultimate ruling, which may not arrive until June, is likely to address the viability of two of the main counts against Mr. Trump. It could severely limit efforts by the special counsel, Jack Smith, to hold the former president accountable for the violence of his supporters at the Capitol. The court's eventual decision could also invalidate convictions that have already been secured against scores of Mr. Trump's followers who took part in the assault. That would be an enormous blow to the government's prosecutions of the Jan. 6 riot cases." (Also linked yesterday.) Politico's report is here.

Adam Reiss & Dareh Gregorian of NBC News: "A federal appeals court on Wednesday shot down ... Donald Trump's attempt to use presidential immunity in the upcoming E. Jean Carroll defamation trial, finding he'd waited too long to raise the defense. Trump had argued he couldn't be sued for comments he made in 2019 about the writer and her sexual assault claims against him because he was president at the time and, he contended, they related to his duties because he needed to speak out and assure the public her accusations were untrue. In a unanimous ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals found Trump had waited too long -- three years -- to raise the defense." (Also linked yesterday.)

Megan Lebowitz of NBC News: "Hours after testimony ended in ... Donald Trump's civil fraud trial, a fire at the courthouse prompted evacuations and led to more than a dozen minor injuries, officials said. Among those evacuated was Judge Arthur Engoron, who is presiding over the civil fraud case against the former president and his company, according to a person familiar with the matter. Engoron's office did not immediately respond to a request for comment. The fire was started by someone who lit some papers aflame and then doused the fire with an extinguisher, according to Office of Court Administration spokesperson Al Baker. The person is in custody and believed to be a litigant, not a court employee, the person familiar with the matter said. Officials have not yet detailed a possible motive."

** Marshall Cohen of CNN: "Before a group of supportive lawyers entered the Oval Office for a photo-op with ... Donald Trump in December 2020, they were given a clear instruction [by whom is unclear]...: Don't get Trump's hopes up about overturning the election. One attorney, Jim Troupis..., bluntly told the president it was over in that state. But ... attorney Kenneth Chesebro ... told Trump he could still win -- and explained how the 'alternate electors' he helped assemble in Arizona and six other states gave Trump an opening to continue contesting the election until Congress certified the results on January 6, 2021. Chesebro's optimistic comments ... apparently [gave] Trump renewed hope that he could still somehow stay in office.... This dramatic account comes from Chesebro, who sat for an interview last week with Michigan state prosecutors investigating the fake electors plot.... The 'photo-op ... gone south,' as Chesebro called the December 16, 2020, meeting, reveals a previously unknown instance of Trump hearing directly that he lost -- which could factor into his federal election subversion trial....

As often happened, Trump heard what he wanted to, ignoring Troupis and embracing Chesebro's theories.... Despite being told there was no way to undo Joe Biden's victory in Wisconsin, Trump pressured then-Vice President Mike Pence to reject the state's Democratic electors on January 6, while he presided over the congressional certification of the 2020 results. At Trump's infamous speech on January 6, he told the crowd that 'we won Wisconsin' and falsely claimed Democrats facilitated 91,000 'unlawful votes' via dropboxes and 170,000 'illegal' votes through mail-in ballots." The report includes audio clips of Chesebro's testimony to Michigan prosecutors. Extraordinary reporting.

Eileen Sullivan of the New York Times: "Ruby Freeman, a former Georgia election worker, sat in a federal courtroom on Wednesday and told a jury: 'Giuliani just messed me up, you know.' She was referring to Rudolph W. Giuliani ... as she described how her life has been upended since Dec. 3, 2020. That was the date Mr. Giuliani ... directed his millions of social media followers to watch a video of two election workers in Fulton County, Ga., asserting without any basis that they were cheating [Donald] Trump as they counted votes on Election Day. The workers were Ms. Freeman and her daughter, Shaye Moss. Ms. Freeman, who is Black, recounted what followed: a torrent of threats, accusations and racism; messages from people who said she should be hanged for treason, or lynched; people who fantasized about hearing the sound of her neck snap. They found her at her home. They sent messages to her business email and social media accounts. They called her phone so much that it crashed, she said.... The F.B.I. told Ms. Freeman she was not safe in the home where she had lived for years.... [Mr. Giuliani's lawyer] declined to cross-examine Ms. Freeman." MB: Apparently the lawyer figured beating up on an elderly woman would not win Rudy points with jurors.

Presidential Race 2024

Marie: Maybe you remember, as Akhilleus reminded us recently, how aggravating it was to witness Mitt Romney in 2012 tell lies about President Obama and his policies. Oh, for those good ole days. Romney never had a "shadow online ad agency" producing fake videos of Michelle Obama as a porn star or showing women in the Obama administration with red knees, suggesting they spent time giving blow jobs. Then along came Trump. ~~~

~~~ ** Trump's Meme Team. Ken Bensinger of the New York Times: "... a small circle of video meme-makers ... have effectively served as a shadow online ad agency for [Donald Trump']s presidential campaign. Led by a little-known podcaster and life coach, this meme team has spent much of the year flooding social media with content that lionizes the former president, promotes his White House bid and brutally denigrates his opponents. Much of the group, which refers to itself as Trump's Online War Machine, operates anonymously, adopting the cartoonish aesthetic and unrelenting cruelty of internet trolls. Cheered on by Mr. Trump, the group traffics freely in misinformation, artificial intelligence and digital forgeries known as deepfakes. Its memes are riddled with racist stereotypes, demeaning tropes about L.G.B.T.Q. people and broad scatological humor. Their most vulgar invectives are often aimed at women, particularly those seen as enemies of Mr. Trump.... Dan Scavino, Mr. Trump's social media adviser; Steven Cheung, the campaign's spokesman; and Donald Trump Jr. frequently share the memes on their social media accounts." (Also linked yesterday.)

Ken Meyer of Mediaite: "Former House Speaker Paul Ryan tore into Donald Trump in a recent interview, denouncing the former president as an 'authoritarian narcissist,' and claiming that more Republicans in Congress wished they had been bold enough to stand against him when they had the chance. Ryan, who worked with Trump when he served in Congress and now serves on the board of Fox News parent company Fox Corp., spoke with Teneo Political Risk Advisory Co-President Kevin Kajiwara about his belief that Trump drags Republicans down in elections and will lose to President Joe Biden in 2024." Ryan went on to praise Liz Cheney & Adam Kinzinger for sacrificing their political careers to call out Trump. "So I think there's a lot of people who already regret not getting him out of out of the way when they could have. So I think history will be kind to those people who saw what was happening and called it out, even though it was at the expense of their personal well being." MB: Gosh, Paul, how is it you forgot to remark on how you yourself were once Donald Trump's No. 1 enabler?

He just done that because he knew the news would go crazy with it. -- Clyde Carson, an Iowa caucus captain

I don't think he meant what everybody is saying, being a dictatorship -- and actually you know right now under Biden, that's probably what we got.... He said he was only going to do it for a day. Like if you had a home that was in disrepair and your parents came in and they were firm and they wanted to get it done, and when you got done you had this beautiful home, how could you be mad? -- Leann Reed, another Iowa GOP voter

He's not going to be no dictator. -- John Russell, an Illinois voter

If you think I'm picking on these people because they can't put together a grammatical sentence, well.... -- Marie Burns ~~~

~~~ Marianne LeVine & Isaac Arnsdorf of the Washington Post: "Many of Trump's supporters [in Iowa] ... said they appreciated his comments [about being a dictator on Day One] and did not take them to be a literal declaration of an intent to govern as a dictator.... [Trump's] repetition and clarification amounts to an potential attempt to downplay or desensitize the public to what he is saying and showing he will do, some experts said. Trump has a track record of suggesting he is joking, including on matters where he was not.... The repetition could be an attempt to numb people to criticism of Trump as a would-be dictator or a threat to democracy, according to [Kim] Scheppele [of Princeton Univesity], an expert on Hungary's slide into authoritarianism under Viktor Orban, who Trump referred to on Wednesday as a 'very powerful man, very respected.'"

Is This an About-Face? Or Is Trump Just Confused? Jennifer Bahney of Mediaite: "... Donald Trump endorsed a Republican congressional candidate just days after saying his opponent is 'going to be a Congressman very shortly.' On Wednesday, Trump posted to Truth Social that he is giving his 'Complete and Total Endorsement' to Addison McDowell (R-NC) for North Carolina's sixth congressional district.... On Saturday, Trump had kind words for [McDowell's opponent] Bo Hines at the New York Young Republicans Gala. Hines had even posted the video of Trump's shoutout to social media.... 'Bo Hines, he's going to be a congressman very shortly,' Trump said. 'Bo Hines, thank you!'"

Marie: Gosh, I miss all the good shows. Here's another one, brought to us by CNN: ~~~

~~~ Eric Bradner, et al., of CNN: "Republican presidential candidate Vivek Ramaswamy told a crowd of Iowa voters in a CNN town hall Wednesday night that the federal government has 'lied systematically' to Americans. The Ohio entrepreneur's parroting of a series of far-right conspiracy theories -- and his pushback against CNN moderator Abby Phillip -- showcased his efforts to appeal to a Donald Trump-aligned, conspiracy-minded element of the GOP electorate just weeks before the January 15 Iowa caucuses kick off the party's 2024 presidential nominating process. In the town hall at Grand View University in Des Moines, Ramaswamy turned a question about medication abortion into a critique of the federal bureaucracy. He also staked out conservative positions on immigration enforcement and railed against affirmative action efforts. Here are takeaways from the town hall[.]"


Abbie VanSickle
of the New York Times: "The Supreme Court announced on Wednesday that it would decide on the availability of a commonly used abortion pill, the first major case involving abortion on its docket since it overturned the constitutional right to the procedure more than a year ago. The move sets up a high-stakes fight over the drug, mifepristone, that could sharply curtail access to medication that is used in more than half of all pregnancy terminations in the United States. It could also have implications for the regulatory authority of the Food and Drug Administration, which approved the pill more than two decades ago.... The Biden administration had asked the court to take up the cases involving challenges to the pill after a panel of the United States Court of Appeals for the Fifth Circuit issued a decision that would curb the availability of the drug." MB: Millions of women have used mifepristone; that is, there is irrefutable proof about its safety even above and beyond FDA approval. (Also linked yesterday.)

Rachel Siegel of the Washington Post: "The Federal Reserve left interest rates unchanged at its final meeting of the year on Wednesday, as financial markets eagerly await any sign that the central bank is done raising borrowing costs -- and might even start lowering rates in 2024. The Fed's announcement was expected, on the heels of encouraging economic data on inflation, the job market, wages and consumer spending." (Also linked yesterday.)

Abah Bhattarai & Eli Tan of the Washington Post: "The Dow Jones Industrial Average hit an all-time high Wednesday, reflecting new optimism that the economy is slowing just enough to bring down inflation without triggering a recession. The Dow closed at 37,090 -- up more than 500 points, or 1.4 percent, for the day -- surpassing a record in January 2022, fueled by the Fed decision to hold rates steady due to progress on inflation. The milestone caps a banner couple of weeks for the U.S. stock market, including the tech-heavy Nasdaq and the S&P 500, bolstered by health-care stocks and promising earnings from technology companies."

David Chen & Michael Corkery of the New York Times: "The turmoil at the University of Pennsylvania and Harvard ... illustrates a new playbook for how the wealthiest Americans are exerting influence in higher education. There is a new class of donors who are often in the prime of their career, having amassed fortunes in finance or tech, who are more outspoken about politics and willing to wage war on social media to effect change. Their pressure campaigns have resembled winner-take-all Wall Street investment strategies, threatening to pull their money from schools that have become increasingly beholden to their largest donors.... 'Unelected billionaires without scholarly qualifications are now seeking to control academic decisions that must remain within the purview of faculty in order for research and teaching to have legitimacy and autonomy from private and partisan interests,' the American Association of University Professors Penn Executive Committee said in a statement.... 'Very large donors tend to be white, older and male,' said David Callahan, author of 'The Givers: Wealth, Power and Philanthropy in a New Gilded Age.' These are the people in revolt.'"

~~~~~~~~~~

Michigan. Julie Bosman of the New York Times: "A man was charged on Wednesday in the killing of Samantha Woll, a synagogue president who was found stabbed to death in October outside her Detroit home, the authorities said. Ms. Woll's death appeared to have taken place during a break-in at her home, Kym L. Worthy, the Wayne County prosecutor, said at a news conference.... Ms. Worthy said..., 'there are no facts to suggest that this defendant knew Ms. Woll and there are no facts to suggest that this was a hate crime. 'Michael Jackson-Bolanos, 28, was charged with first-degree felony murder, a charge that carries a penalty of life in prison without parole. He was also charged with home invasion and lying to a peace officer. Mr. Jackson-Bolanos was being held in custody on Wednesday evening...." MB: We live in a country in which we're relieved to learn that what might have been an antisemitic assassination was a "merely" a violent murder of a beloved community leader. Ewe-Ess-Aye!

~~~~~~~~~~

Israel/Palestine

The Washington Post's live updates of developments Thursday in the Israel/Hamas war are here: "U.S. national security adviser Jake Sullivan is expected to land in Israel on Thursday, shortly after President Biden said Israel was beginning to lose support around the world due to its 'indiscriminate bombing' in Gaza. Philippe Lazzarini, commissioner general of the U.N. Relief and Works Agency for Palestinian refugees, described Gaza as a 'living hell,' as conditions continue to deteriorate in the Strip.... Biden met Wednesday with relatives of U.S. nationals held captive in Gaza, including Aviva Siegel, who was released by Hamas last month and whose husband is still thought to be in captivity. Officials say there are at least eight remaining hostages with American citizenship. Almost half the population of Gaza -- about a million people -- are now in Rafah at the Egyptian border, Lynn Hastings, the top U.N. humanitarian official for the Palestinian territories, said Wednesday. The health system has collapsed, she said, and Gaza is experiencing a 'public health disaster.'" ~~~

     ~~~ The New York Times' live updates for Thursday are here. CNN's live updates are here.

Kareen Fahim, et al., of the Washington Post: "As photos and video ... of the Palestinian men, stripped to their underwear, forced to kneel, some bound, some blindfolded in the custody of Israeli soldiers ... spread on X, Facebook and other platforms last week, they were picked up by Israeli media. 'Images circulate of dozens of Hamas terrorists surrendering in Gaza,' the Jerusalem Post trumpeted in a typical headline. Israel's military, which censors the Israeli media, did not object to the characterization or prevent the images' spread. Many in Israel viewed the images as evidence of victory over the militants who rampaged through Israeli communities on Oct. 7, killing 1,200 people. Or righteous vengeance. Quickly, though, claims that the detainees were Hamas militants were challenged. Palestinians in Gaza identified relatives who they said were not fighters. Some of them were released. The images, rights activists say, began to convey something different, and darker: an attempt to humiliate and dehumanize Palestinians. This week, the United States, Israel's closest ally, called the images 'deeply disturbing.'"


Ukraine, et al. Valerie Hopkins & Anton Troianovski
of the New York Times: "President Vladimir V. Putin of Russia is more than four hours into his year-end news conference on Thursday, and has stated clearly that his goals in Ukraine have not changed -- the 'demilitarization' and 'denazification' of the country. He reiterated that he was open to peace talks, but offered no hint of a willingness to compromise."

Wednesday
Dec132023

The Conversation -- December 13, 2023

** House Votes for Impeachment About Nothing. Luke Broadwater of the New York Times: "The House voted on Wednesday to formally open an impeachment inquiry into President Biden, pushing forward with a yearlong G.O.P. investigation that has failed to produce evidence of anything approaching high crimes or misdemeanors. Republicans said the vote was needed to give them full authority to continue carrying out their investigation amid anticipated legal challenges from the White House. Democrats have denounced the inquiry as a fishing expedition and a political stunt." ~~~

~~~ Rebecca Beitsch & Emily Brooks of the Hill: "The House GOP on Wednesday formalized its impeachment inquiry into President Biden with a House vote, a step Republicans hope will add legal weight to their demands as the probe moves into a more aggressive end stage. Lawmakers voted 221-212 along party lines to approve the resolution authorizing the inquiry."

Rachel Siegel of the Washington Post: "The Federal Reserve left interest rates unchanged at its final meeting of the year on Wednesday, as financial markets eagerly await any sign that the central bank is done raising borrowing costs -- and might even start lowering rates in 2024. The Fed's announcement was expected, on the heels of encouraging economic data on inflation, the job market, wages and consumer spending."

** Alan Feuer of the New York Times: "A federal judge on Wednesday put on hold all of the proceedings in ... Donald J. Trump's trial on charges of plotting to overturn the 2020 election as his lawyers asked an appeals court to move slowly in considering his claim that he is immune from prosecution in the case. The separate but related moves were part of an ongoing struggle between Mr, Trump's legal team and prosecutors working for the special counsel, Jack Smith, over the critical question of when the trial will actually be held.... On Wednesday morning, Mr. Trump's lawyers asked the federal appeals court to avoid setting an expedited schedule as it considered whether to dismiss the election subversion charges based on the former president's sweeping claims of executive immunity. In a 16-page filing that blended legal and political arguments, the lawyers asked a three-judge panel of the court not to move too quickly in mulling the question of immunity, saying that a 'reckless rush to judgment' would 'irreparably undermine public confidence in the judicial system.'... On Wednesday afternoon, the trial judge overseeing the election case, Tanya S. Chutkan, handed Mr. Trump a victory by suspending all 'further proceedings that would move this case towards trial' until the appeal of the immunity issue is resolved."

Luke Broadwater of the New York Times: "Hunter Biden, the president's son, appeared on Capitol Hill on Wednesday morning to offer to publicly testify in House Republicans' impeachment investigation into his father, though he insisted he would not appear for a private deposition they scheduled over his refusals. The younger Mr. Biden, who has been served a subpoena to testify, spoke to reporters in a hastily called news conference outside the Capitol near the Senate, across the complex from a House office building where Republican lawmakers were waiting to question him behind closed doors. It was a dramatic moment that came just hours before House Republicans were to hold a vote to formalize their impeachment inquiry into President Biden, after a year of investigation that has turned up no concrete evidence of high crimes or misdemeanors. They have pursued Hunter Biden for years, searching for evidence that his father was involved in corruption related to his business dealings with foreign entities...." ~~~

~~~ Annie Grayer, et al., of CNN: "The Republican chairman behind the impeachment inquiry into President Joe Biden said Wednesday they will start contempt of Congress proceedings against Hunter Biden for not participating in his closed-door deposition on Wednesday, after he demanded to testify publicly. 'Hunter Biden today defied lawful subpoenas and we will now initiate contempt of Congress proceedings,' said House Oversight Chair James Comer and House Judiciary Chair Jim Jordan in a joint statement. 'We will not provide special treatment because his last name is Biden.'"

Adam Reiss & Dareh Gregorian of NBC News: "A federal appeals court on Wednesday shot down ... Donald Trump's attempt to use presidential immunity in the upcoming E. Jean Carroll defamation trial, finding he'd waited too long to raise the defense. Trump had argued he couldn't be sued for comments he made in 2019 about the writer and her sexual assault claims against him because he was president at the time and, he contended, they related to his duties because he needed to speak out and assure the public her accusations were untrue. In a unanimous ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals found Trump had waited too long -- three years -- to raise the defense."

Marie: Maybe you remember, as Akhilleus reminded us recently, how aggravating it was to witness Mitt Romney in 2012 tell lies about President Obama and his policies. Oh, for those good ole days. Romney never had a "shadow online ad agency" producing fake videos of Michelle Obama as a porn star or showing women in the Obama administration with red knees, suggesting they spent time giving blow jobs. Then along came Trump. ~~~

~~~ ** Trump's Meme Team. Ken Bensinger of the New York Times: "... a small circle of video meme-makers ... have effectively served as a shadow online ad agency for [Donald Trump']s presidential campaign. Led by a little-known podcaster and life coach, this meme team has spent much of the year flooding social media with content that lionizes the former president, promotes his White House bid and brutally denigrates his opponents. Much of the group, which refers to itself as Trump's Online War Machine, operates anonymously, adopting the cartoonish aesthetic and unrelenting cruelty of internet trolls. Cheered on by Mr. Trump, the group traffics freely in misinformation, artificial intelligence and digital forgeries known as deepfakes. Its memes are riddled with racist stereotypes, demeaning tropes about L.G.B.T.Q. people and broad scatological humor. Their most vulgar invectives are often aimed at women, particularly those seen as enemies of Mr. Trump.... Dan Scavino, Mr. Trump's social media adviser; Steven Cheung, the campaign's spokesman; and Donald Trump Jr. frequently share the memes on their social media accounts."

Abbie VanSickle of the New York Times: "The Supreme Court announced on Wednesday that it would decide on the availability of a commonly used abortion pill, the first major case involving abortion on its docket since it overturned the constitutional right to the procedure more than a year ago. The move sets up a high-stakes fight over the drug, mifepristone, that could sharply curtail access to medication that is used in more than half of all pregnancy terminations in the United States. It could also have implications for the regulatory authority of the Food and Drug Administration, which approved the pill more than two decades ago.... The Biden administration had asked the court to take up the cases involving challenges to the pill after a panel of the United States Court of Appeals for the Fifth Circuit issued a decision that would curb the availability of the drug." MB: Millions of women have used mifepristone; that is, there is no question about its safety even above and beyond FDA approval.

That's No Gavel; It's a Monkey Wrench. Alan Feuer & Adam Liptak of the New York Times: "The Supreme Court agreed on Wednesday to decide a question at the heart of the federal election-interference case against ... Donald J. Trump and hundreds of prosecutions arising from the assault on the Capitol on Jan. 6, 2021. Can the government charge defendants in those cases under a federal law that makes it a crime to corruptly obstruct an official congressional proceeding? The decision to hear the case will complicate and perhaps delay the start of Mr. Trump's trial, now scheduled to take place in Washington in March. The Supreme Court's ultimate ruling, which may not arrive until June, is likely to address the viability of two of the main counts against Mr. Trump. It could severely limit efforts by the special counsel, Jack Smith, to hold the former president accountable for the violence of his supporters at the Capitol. The court's eventual decision could also invalidate convictions that have already been secured against scores of Mr. Trump's followers who took part in the assault. That would be an enormous blow to the government's prosecutions of the Jan. 6 riot cases."

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Fulfilling Their Oaths to the Orange Jesus. Luke Broadwater of the New York Times: "When the House votes on Wednesday to authorize an impeachment inquiry into President Biden, it will be the culmination of a slow but decisive political shift among Republicans -- urged on by ... Donald J. Trump and his closest allies in Congress -- from a place of resisting such an inquiry to fully embracing it. The vote is both a consequential step and a mere formality; Republicans have been conducting an impeachment investigation for months, a fact that former Speaker Kevin McCarthy made official when he announced in September that the inquiry was commencing without a House vote. But this week's action follows a monthslong effort by G.O.P. leaders to shore up support among more than a dozen mainstream conservatives who had been skeptical about pushing forward on impeachment amid an investigation that has so far failed to produce concrete evidence that the president has committed high crimes or misdemeanors."

Lindsay Whitehurst & Alanna Richer of the AP: "Scared for her life after Rudy Giuliani and other Donald Trump allies falsely accused her of fraud, former Georgia election worker Wandrea 'Shaye' Moss told jurors Tuesday she seldom leaves her home, suffers from panic attacks and battles nightmares brought on by a barrage of threatening and racist messages. Wandrea 'Shaye' Moss took the witness stand on the second day of the defamation trial that will determine how much the former New York City mayor will have to pay Moss and her mother, Ruby Freeman, for spreading a conspiracy theory that they rigged the state's 2020 election results. Moss noted that Giuliani just a day earlier -- after the trial began -- repeated the false claims about her and her mother, saying they were 'engaged in changing votes.' 'I personally cannot repair my reputation at the moment because your client is still lying on me and ruining my reputation further,' she told Giuliani's lawyer....

"Moss' testimony came hours after the judge scolded Giuliani for comments made outside the federal courthouse Monday in which he insisted his claims about the women were true.... U.S. District Judge Beryl Howell warned Giuliani's lawyer that his client's remarks amounted to 'defamatory statements about them yet again.' The judge was incredulous, asking Giuliani's lawyer [Joseph Sibley] about the contradiction of his opening statements calling Freeman and Moss 'good people' but then the former mayor repeating unfounded allegations of voter fraud... Sibley conceded her point and told the judge he discussed the comments with his client, but added, 'I can't control everything he does.' He also argued that the mayor's age and health concerns make long days in court challenging."

Presidential Race 2024

Marie: Gosh, I forgot to alert you that on Tuesday night CNN was hosting one of its fake "town halls" last night, this one featuring Rhonda Santis. ~~~

     ~~~ Eric Bradner & Steve Contorno of CNN: "Florida Gov. Ron DeSantis on Tuesday showed new urgency in taking on Donald Trump, attacking the former president at every turn at a CNN town hall in Iowa with the state's caucuses less than five weeks away. DeSantis was quick to flip many questions into opportunities to contrast his record as governor with Trump. The economy? Trump 'set the stage' for rising inflation, DeSantis said. The border crisis? Trump didn't complete the wall, and Mexico didn't pay for it, he said. Abortion? Trump is 'flip-flopping on the right to life,' the Florida governor claimed. He even blamed Trump for the Satanic Temple of Iowa's display at the state Capitol, a development that has roiled Iowa and triggered a free speech debate. 'Lo and behold, the Trump administration gave them approval to be under the IRS as a religion,' DeSantis said, referring to the Internal Revenue Service granting the group tax-exempt status in 2019."

Judd Legum & Rebecca Crosby of Popular Information list "10 alarming things Trump has promised to do in a second term:... He will 'abuse power' and be a 'dictator' on 'day one.'... Election fraud in 2020 gives him the power to 'terminate' the Constitution.... He will issue 'full pardons' to January 6 insurrectionists.... He will cut funding to schools that cover subjects he believes are 'inappropriate.'... He will legally erase trans people and ban them from military service.... He will end birthright citizenship by executive order.... He will impose a new 10% tax on all imported goods.... He will investigate NBC and MSNBC for treason and potentially remove the company from public airwaves.... He will demand anyone convicted of selling drugs get the death penalty.... He will order the arrest of all urban homeless and relocate them to federally-run tent cities...." (Also linked yesterday.)

Sad Schemes of a Huckster. Kevin Breuninger of CNBC: Donald "Trump announced Tuesday that snippets of the suit he wore for [his Georgia mugshot] would be available for purchase, as part of a new sale of NFT 'digital trading cards,' a product he debuted in late 2022. Customers who buy 47 of the $99 apiece digital cards, Trump says, will receive a physical card containing a piece of the suit Trump is seen wearing in the photo.... The $4,653 package also includes a dinner with Trump at his Mar-a-Lago club and residence in Palm Beach, Florida.... Like the first round of card sales, the current offer claims the cards are 'not political and have nothing to do with any political campaign.' Still, by offering buyers an in-person dinner with Trump, the deal essentially provides access to a former president and current top presidential contender -- without any of the guardrails of federal campaign finance rules." ~~~

     ~~~ Marie: Not that it matters, but I'd guess that those scraps of cloth probably are not from the mugshot suit. Trump wears blue suits all the time, as he did for his mugshot. I doubt he knows which of the nearly identical suits he wore on Mugshot Day. He probably just picked out an old suit that was getting frayed & sweat-stinky, and instructed the help to cut it up. He scams even his scams. Oh, and the suit likely was not "Made in the USA."


Supreme Voter Suppression. Robert Barnes & Ann Marimow of the Washington Post: "The Supreme Court on Tuesday allowed a local Texas election to go forward under a map that a lower court had found diluted the votes of Black and Latino residents. The order came in response to a challenge from civil rights advocates opposed to the voting districts in Galveston County. While the case involves the boundaries in just one locality, it could have broader implications for challenges to election maps and the protection of voting rights nationwide. As is customary with emergency applications, the Supreme Court majority did not explain its rationale for leaving the map in place for now."


Jeremy Peters
, et al., of the New York Times: "Claudine Gay will stay on as president of Harvard University, the school's governing board announced on Tuesday, despite an uproar over her evasive answers at a congressional hearing about campus antisemitism. The members of the board, the Harvard Corporation, deliberated into the night on Monday before finally deciding not to remove Dr. Gay, the university's first Black president, from her post." This is an update of a story linked earlier yesterday. ~~~

~~~ Miles Herszenhorn & Calire Yuan of the Harvard Crimson: "The Harvard Corporation expressed concerns about allegations of plagiarism in University President Claudine Gay's academic work Tuesday morning, even as the board declared its unanimous support for Harvard's embattled president, providing Gay with a path forward to remain in office.... 'On December 9, the Fellows reviewed the results, which revealed a few instances of inadequate citation,' the Fellows wrote. 'While the analysis found no violation of Harvard's standards for research misconduct, President Gay is proactively requesting four corrections in two articles to insert citations and quotation marks that were omitted from the original publications.' In the statement, the Corporation revealed that it learned about the plagiarism allegations against Gay in late October. The board's concerns also call into question the presidential search committee's vetting process for the search that ended in Gay’s selection less than one year ago." (Also linked yesterday.) ~~~

     ~~~ Here's the statement of the Harvard Corporation, via Harvard. (Also linked yesterday.) 

Brad Plumer of the New York Times: "For the first time since nations began meeting three decades ago to tackle climate change, diplomats from nearly 200 countries approved a global pact that explicitly calls for 'transitioning away from fossil fuels' like oil, gas and coal that are dangerously heating the planet. The sweeping agreement, which comes during the hottest year in recorded history, was reached on Wednesday after two weeks of furious debate at the United Nations climate summit in Dubai, United Arab Emirates. European leaders and many of the nations most vulnerable to climate-fueled extreme weather were urging language that called for a complete 'phaseout' of fossil fuels. But that proposal faced intense pushback from major oil exporters like Saudi Arabia and Iraq as well as fast-growing countries like India and Nigeria. In the end, negotiators struck a compromise: The new deal calls on countries to accelerate a global shift away from fossil fuels this decade in a 'just, orderly and equitable manner,' and to quit adding carbon dioxide to the atmosphere entirely by midcentury."

~~~~~~~~~~

As New York Goes, So Goes the Nation? Maegan Vazquez & Azi Paybarah of the Washington Post: "The New York State Court of Appeals on Tuesday granted Democrats who control the state legislature a chance to approve a new set of congressional district lines for the state, effectively throwing out a map that led to several Republican victories in 2022 House races. The ruling could be consequential in determining which party controls the House during the next Congress. In 2022, Republicans flipped four districts in New York, giving them a razor-thin majority in the House. Democrats need to win a net of five seats to win back the House next year." Politico's story is here.

Texas. President Joe Biden, in a statement: "No woman should be forced to go to court or flee her home state just to receive the health care she needs. But that is exactly what happened in Texas thanks to Republican elected officials, and it is simply outrageous. This should never happen in America, period."

~~~~~~~~~~

Camilo Montoya-Galvaz of CBS News: "The Biden administration on Tuesday indicated to congressional lawmakers that it would be willing to support a new border authority to expel migrants without asylum screenings, as well as a dramatic expansion of immigration detention and deportations, to convince Republicans to back aid to Ukraine, four people familiar with the matter told CBS News. The White House informed Senate Democrats that it could back those sweeping and hardline immigration policy changes as part of the negotiations over President Biden's emergency funding request, a roughly $100 billion package that includes military aid to Israel, Taiwan and Ukraine, as well as money to bolster border enforcement and hire additional immigration officials." (Related links under "Ukraine, et al.," below.)

Israel/Palestine

The Washington Post's live updates of developments Wednesday in the Israel/Hamas war are here: "President Biden said 'indiscriminate bombing' is eroding international support for Israel, in some of the sharpest criticism from Israel's closest ally over its offensive in Gaza since the latest war with Hamas began. The United Nations General Assembly for a second time voted overwhelmingly to demand a cease-fire, with 153 countries in favor -- an increase of more than 30 since the last vote for a similar resolution in October.... The FBI and the Department of Homeland Security issued a public announcement Tuesday warning of potential 'lone actor violence' in the United States as a result of the war, including at holiday and faith-based gatherings. The announcement was not made in response to any specific plot, the agencies said." ~~~

     ~~~ The New York Times' live updates for Wednesday are here. CNN's live updates are here.

Times of Israel: "The IDF [Israel Defense Forces] has started pumping seawater into Hamas's underground tunnel system in Gaza, a move aimed at destroying the Palestinian terror group's subterranean network of passages and hideaways and driving its operatives above ground, a report said Tuesday. The development was reported by The Wall Street Journal, which earlier this month reported that the tactic was under 'consideration' and that the Israel Defense Forces had set up five large water pumps near the Shati refugee camp in Gaza City, capable of flooding the tunnels within weeks by pumping thousands of cubic meters of water per hour into them.... 'With regard to the flooding of the tunnels.... There (are) assertions being made that there [are] no hostages in any of these tunnels, but I don't know that for a fact,' [President] Biden said in response to a question on the matter during a press conference [Tuesday] at the White House with Ukrainian President Volodymr Zelensky."

Michael Shear of the New York Times: "President Biden told Israel's leaders on Tuesday that they were losing international support for their war in Gaza, exposing a widening rift with Prime Minister Benjamin Netanyahu, who rejected out of hand the American vision for a postwar resolution to the conflict. Mr. Biden delivered the blunt assessment of America's closest ally in the Middle East during a fund-raiser in Washington, where he described Mr. Netanyahu as the leader of 'the most conservative government in Israel's history,' which doesn't 'want anything remotely approaching a two-state solution' to the country's long-running dispute with Palestinians.... The president's remarks came hours after Mr. Netanyahu pledged to defy weeks of American pressure to put the Palestinian Authority in charge of Gaza once the fighting ends. Mr. Netanyahu ruled out any role there for the group, which now governs Palestinian society in the Israeli-occupied West Bank." An AP story is here. A Reuters report is here.

Farnaz Fassihi of the New York Times: "The U.N. General Assembly demanded an immediate cease-fire in the Israel-Hamas war in an overwhelming vote on Tuesday that highlighted much of the world's desire to bring the bloody conflict to an end. About three-quarters of the body's members voted in favor of the nonbinding resolution, underscoring the isolation of Israel and the United States, which last week blocked a cease-fire resolution in the Security Council. Resounding applause and cheers erupted after the vote was announced: 153 in favor, 10 against and 23 abstentions. The resolution required two-thirds majority for passage."

Steven Erlanger of the New York Times: Under international law governing war, "proportionality is a key component in determining the legality of an act of war. It is not merely a question, lawyers said, of fairly balancing the death tolls on either side of a conflict's ledger. Instead, it is a matter of determining whether, at the moment the decision to launch any attack is made, the expected military advantage outweighs the expected harm to civilians once feasible measures are taken to reduce it. But there is no universal consensus on how to make such a comparison. Nor are the facts always clear in the fog of war.... The large numbers of civilian dead, more than in any previous Gaza conflict, do in aggregate raise questions about whether Israel's calculations of proportionality have changed in this war.... Israeli officials, speaking anonymously under military rules, acknowledge that the scale and scope of the operations in Gaza are much greater than in the past.... Officials recognize the reputational damage the war is causing and the public pressure that allied governments are feeling to bring the killing to a rapid close. But they claim they are being held to a higher standard than Hamas. Hamas, they say, has breeched numerous laws of war, including using civilians as human shields, using civilian infrastructure for military purposes and using rape as a weapon." ~~~

     ~~~ Marie: Israelis are correct that Israel is held to a higher standard than Hamas. But Israel is a nation; Hamas is a terrorist organization, which, by definition, doesn't play by the rules.

Ukraine, et al.

Zolan Kanno-Youngs, et al., of the New York Times: "President Biden warned on Tuesday that Russia was celebrating American division over providing aid to Ukraine, as President Volodymyr Zelensky hit a wall of resistance from congressional Republicans during a daylong lobbying blitz in Washington. Speaking from the White House with Mr. Zelensky by his side, Mr. Biden said failing to support Ukraine would be a gift to President Vladimir V. Putin of Russia. 'Putin is banking on the United States failing to deliver for Ukraine,' Mr. Biden said at the White House. 'We must, we must, we must prove him wrong.'... Mr. Biden accused Republicans of holding military aid to Ukraine 'hostage' in exchange for 'an extreme Republican partisan agenda on the border.' He cited the comments of Russian broadcasters praising Republicans for refusing to approve the Ukraine assistance.... Mr. Zelensky thanked the United States for coming to Ukraine's aid, but said the support must continue....

"Speaker Mike Johnson accused the White House of failing to articulate a clear path to Ukraine's victory, which Republicans have also said is a necessary condition to unlocking military aid. Mr. Johnson has voted repeatedly against aiding Ukraine.... During Mr. Zelensky's meeting with senators, a number of Republicans told him directly that securing the U.S. border with Mexico was the key to obtaining aid for his nation." ~~~

     ~~~ Marie: I know this is too difficult for GOP numbskulls to understand inasmuch as their perceptions are limited by two factors: (a) if they can't see it, they don't get it, and (b) if they don't want to see it, the opposite is true. BUT. Most of the funds spent on military aid the U.S. sends to Ukraine (or anyplace else) stays in the U.S. Americans make munitions & other military stuff in U.S. factories, those same Americans go to the store & buy goods from U.S. companies, and those same job-holding Americans pay taxes to the U.S. Treasury Department. So this notion that Republicans keep repeating about how Americans are "giving billions" to Ukraine is only partially true. We're giving a lot more billions to ourselves than we are giving to Ukrainians. "Billions for Ukraine" is in fact largely a U.S. domestic redistribution of wealth. And let me add that Democrats are doing a piss-poor job of even trying to explain Econ 101 to their intellectually-impaired colleagues on the other side of the aisle. ~~~

~~~ Sahil Kapur & Megan Lebowitz of NBC News: "Sen. JD Vance, R-Ohio, on Monday dismissed fears of Russia's military capabilities under President Vladimir Putin and suggested Ukraine should give up some of its land to end the war.... 'No one can explain to me how this ends without some territorial concessions relative to the 1991 boundaries,' he added. A day earlier, Vance said on CNN's 'State of the Union' that it was in 'America's best interest ... to accept Ukraine is going to have to cede some territory to the Russians.'" MB: This would be a good place for me to mention that J.D. is often characterized as Donald Trump's mouthpiece in the Senate. (Also linked yesterday.) ~~~

     ~~~ Miranda Nazzaro of the Hill: "Sen. Thom Tillis (R-N.C.) on Monday dug into Sen. JD Vance's (R-Ohio) recent remarks against sending further aid to Ukraine, calling the Ohio Republican's comments 'total and unmitigated bull‑‑‑‑.' Vance, in an interview with former White House aid[e] Steve Bannon earlier Monday, claimed some lawmakers are looking to cut Social Security benefits for more aid to Ukraine that he argued will be used so one of Ukrainian President Volodymyr Zelensky's ministers 'can buy a bigger yacht.' Presented with Tillis's criticism later Monday, Vance said he believes Ukraine is 'one of the most corrupt countries in Europe.'" (Also linked yesterday.)

** Julian Barnes of the New York Times: "The Russian push in eastern Ukraine this fall and winter was designed to sap Western support for Ukraine, according to a newly declassified American intelligence assessment. The drive has resulted in heavy losses but has not led to strategic gains on the battlefield for Russia, said Adrienne Watson, a spokeswoman for the National Security Council. Since the beginning of the war Russia has suffered from a staggeringly high number of losses, according to another newly declassified assessment shared with Congress. At the start of the war the Russian army stood at 360,000 troops. Russia has lost 315,000 of those troops, forcing them to recruit and mobilize new recruits and convicts from their prison system. Moscow's equipment has also been crushed, according to the assessment. At the start of the war, Russia had 3,500 tanks but has lost 2,200, forcing them to pull 50 year old T-62 tanks from storage." A related Politico report is here.

News Lede

New York Times: "Andre Braugher, an Emmy Award-winning actor best known for playing stoic police officers on the television shows 'Brooklyn Nine-Nine' and 'Homicide: Life on the Street,' died on Monday. He was 61."

Monday
Dec112023

The Conversation -- December 12, 2023

The New York Times is live-updating developments in President Zelensky's visit to Washington, D.C. ~~~

     ~~~ Marie: I know this is too difficult for GOP numbskulls to understand inasmuch as their perceptions are limited by two factors: (a) if they can't see it, they don't get it, and (b) if they don't want to see it, the opposite is true. BUT. Most of the funds spent on military aid the U.S. sends to Ukraine (or anyplace else) stays in the U.S. Americans make munitions & other military stuff in U.S. factories, those same Americans go to the store & buy goods from U.S. companies, and those same job-holding Americans pay taxes to the U.S. Treasury Department. So this notion that Republicans keep repeating about how Americans are "giving billions" to Ukraine is only partially true. We're giving a lot more billions to ourselves than we are giving to Ukrainians. "Billions for Ukraine" is in fact largely a U.S. domestic redistribution of wealth. And let me add that Democrats are doing a piss-poor job of even trying to explain Econ 101 to their intellectually-impaired collegues on the other side of the aisle. ~~~

~~~ Sahil Kapur & Megan Lebowitz of NBC News: "Sen. JD Vance, R-Ohio, on Monday dismissed fears of Russia's military capabilities under President Vladimir Putin and suggested Ukraine should give up some of its land to end the war.... 'No one can explain to me how this ends without some territorial concessions relative to the 1991 boundaries,' he added. A day earlier, Vance said on CNN's 'State of the Union' that it was in 'America's best interest ... to accept Ukraine is going to have to cede some territory to the Russians.'" MB: This would be a good place for me to mention that J.D. is often characterized as Donald Trump's mouthpiece in the Senate. ~~~

     ~~~ Miranda Nazzaro of the Hill: "Sen. Thom Tillis (R-N.C.) on Monday dug into Sen. JD Vance's (R-Ohio) recent remarks against sending further aid to Ukraine, calling the Ohio Republican's comments 'total and unmitigated bull‑‑‑‑.' Vance, in an interview with former White House aid[e] Steve Bannon earlier Monday, claimed some lawmakers are looking to cut Social Security benefits for more aid to Ukraine that he argued will be used so one of Ukrainian President Volodymyr Zelensky's ministers 'can buy a bigger yacht.' Presented with Tillis's criticism later Monday, Vance said he believes Ukraine is 'one of the most corrupt countries in Europe.'"

Judd Legum & Rebecca Crosby of Popular Information list "10 alarming things Trump has promised to do in a second term:... He will 'abuse power' and be a 'dictator' on 'day one.'... Election fraud in 2020 gives him the power to 'terminate' the Constitution.... He will issue 'full pardons' to January 6 insurrectionists.... He will cut funding to schools that cover subjects he believes are 'inappropriate.'... He will legally erase trans people and ban them from military service.... He will end birthright citizenship by executive order.... He will impose a new 10% tax on all imported goods.... He will investigate NBC and MSNBC for treason and potentially remove the company from public airwaves.... He will demand anyone convicted of selling drugs get the death penalty.... He will order the arrest of all urban homeless and relocate them to federally-run tent cities...."

Jeremy Peters, et al., of the New York Times: "Claudine Gay will stay on as president of Harvard University, the school's governing board announced on Tuesday, despite an uproar over her evasive answers at a congressional hearing about campus antisemitism. The members of the board, the Harvard Corporation, deliberated into the night on Monday before finally deciding not to remove Dr. Gay, the university's first Black president, from her post." This is an update of a story linked earlier today. ~~~

~~~ Miles Herszenhorn & Calire Yuan of the Harvard Crimson: "The Harvard Corporation expressed concerns about allegations of plagiarism in University President Claudine Gay's academic work Tuesday morning, even as the board declared its unanimous support for Harvard's embattled president, providing Gay with a path forward to remain in office.... 'On December 9, the Fellows reviewed the results, which revealed a few instances of inadequate citation,' the Fellows wrote. 'While the analysis found no violation of Harvard's standards for research misconduct, President Gay is proactively requesting four corrections in two articles to insert citations and quotation marks that were omitted from the original publications.' In the statement, the Corporation revealed that it learned about the plagiarism allegations against Gay in late October. The board's concerns also call into question the presidential search committee's vetting process for the search that ended in Gay's selection less than one year ago." ~~~

     ~~~ Here's the statement of the Harvard Corporation, via Harvard.

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Trials of the Trump Mob

** Devlin Barrett, et al., of the Washington Post: "The Supreme Court said Monday it will consider special counsel Jack Smith's request to fast-track consideration of Donald Trump's claim he is immune from prosecution for alleged election obstruction in 2020 -- intensifying the legal jockeying over whether Trump’s criminal trial in D.C. will stay on schedule for early next year. The decision by the nation's highest court doesn't mean that the justices will definitely short-circuit the typical appeals process, but it means they are going to hear arguments from both sides about whether they should act quickly. Trump's lawyers were told to file briefs on the issue by Dec. 20. The quick response by the Supreme Court came hours after Smith's office filed its request seeking to essentially leapfrog an appeals court process that Trump has already started but which could take months to resolve." The ABC News report is here. (Also linked yesterday.) ~~~

     ~~~ Adam Liptak & Alan Feuer of the New York Times: "Jack Smith, the special counsel prosecuting ... Donald J. Trump on charges of plotting to overturn the 2020 election, asked the Supreme Court on Monday to rule on Mr. Trump's argument that he is immune from prosecution. The request was unusual in two ways: Mr. Smith asked the justices to rule before an appeals court acted, and he urged them to move with exceptional speed. 'This case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,' Mr. Smith wrote. He added that speed was of the essence, as Mr. Trump's appeal of a trial judge's ruling rejecting his claim of immunity suspends the trial of the charges against him. The trial is scheduled to begin on March 4 in Federal District Court in Washington." The NBC News story is here. (Also linked yesterday.) The story has been updated: "The justices quickly agreed to fast-track the first phase of the case." ~~~

     ~~~ Matt Naham of Law & Crime: "'... The Court should grant a writ of certiorari before judgment to ensure that it can provide the expeditious resolution that this case warrants, just as it did in United States v. Nixon,' Smith wrote.... 'It is of paramount public importance that respondent's claims of immunity be resolved as expeditiously as possible -- and, if respondent is not immune, that he receive a fair and speedy trial on these charges. The public, respondent, and the government are entitled to nothing less,' Smith wrote." See also Akhilleus' commentary in today's thread. (Also linked yesterday.) ~~~

     ~~~ You can read Smith's petition here, via the Supreme Court. (Also linked yesterday.) ~~~

~~~ Darren Samuelsohn of the Messenger: "Special Counsel Jack Smith unveiled a new weapon on Monday as part of his push to get the U.S. Supreme Court immediately involved in the sprawling investigation and prosecution of Donald Trump. His name is Michael Dreeben. Few U.S. lawyers know the nation's highest court quite like Dreeben, a longtime career DOJ attorney who has represented the United States more than 100 times before the Supreme Court. In May 2016, Chief Justice John Roberts recognized Dreeben for becoming the 'second person to reach that rare milestone.' Dreeben worked at DOJ until mid-2019, when his government career concluded as a counsel to Special Counsel Robert Mueller.... Most recently, Dreeben worked as a partner at O'Melveny, where he upped his total number of Supreme Court appearances to 108, according to a copy of his biography page from early November...." ~~~

~~~ Aaron Blake of the Washington Post looks at the history of Trump's claim of absolute immunity. He points to a case in which not only the Supremes determined but even his own lawyer argued that absolute immunity did not apply once a president* left office. In a 2020 New York state case, Trump argued that he had absolute immunity from complying with a state subpoena. The trial judge asked if Trump could shoot someone on Fifth Avenue & not face an investigation while in office, and Trump's lawyer said that was correct. When that case got to the Supreme Court, the Supremes ruled unanimously that a sitting president* did not have absolute immunity from state subpoenaes. Indeed, Trump's own attorney William Consovoy told the Supreme Court, "Of course, Congress retains the impeachment power. And on the other side of impeachment, as the text of the Constitution makes clear, the president like all other citizens is subject to the laws and jurisdiction of states and the federal government alike.... This is not a permanent immunity."

Marie: Say, remember back in March 2017, when Donald Trump made the false claim, "Terrible! Just found out that Obama had my "wires tapped" in Trump Tower just before the victory. Nothing found. This is McCarthyism!" Well, now, look. Joe Biden, too, has had Trump's "wires tapped." ~~~

     ~~~ Kyle Cheney & Josh Gerstein of Politico: "Special counsel Jack Smith has extracted data from the cell phone Donald Trump used while in the White House and plans to present evidence of his findings to a Washington, D.C. jury to demonstrate how Trump used the phone in the weeks during which he attempted to subvert the 2020 election. In a court filing Monday, Smith indicated that he plans to call an expert witness who extracted and reviewed data copied from Trump's phone, as well as a phone used by another unidentified individual in Trump's orbit.... The expert will describe to jurors 'the usage of these phones throughout the post-election period, including on and around January 6, 2021.'... The expert's review also included 'analyzing images found on the phones and websites visited.' The expert testimony is the first explanation of how Smith plans to deploy a massive trove of data that prosecutors obtained from Twitter about Trump's use of his powerful account.... It's unclear, though, what the extent of Smith's access to Trump's phone was."

MEANWHILE, at Mar-a-Lardo. Katelyn Polantz of CNN: "Three months after the FBI seized classified records from Mar-a-Lago last August, a longtime employee of Donald Trump's private club quit his job.... The former employee was a witness to several episodes special counsel Jack Smith included in his federal criminal indictment charging the former president with mishandling classified documents. He had moved several boxes for Trump and was also privy to conversations referenced in the indictment between Trump and his two co-defendants, Mar-a-Lago property manager Carlos De Oliveira, and Trump's body man Walt Nauta -- putting the former employee in a unique group of Mar-a-Lago staffers who could be in a position to provide valuable information to investigators.... [After he quit, he received a phone call from Donald Trump as well as other 'outreach,' like] offers of legal representation by attorneys paid for by Trump and complimentary tickets to a golf tournament, as well as repeated reminders [from co-workers like De Oliveira that] he could come back to work for Trump."

Kyle Cheney & Josh Gerstein of Politico: "Two Georgia election workers are seeking 'tens of millions of dollars' in damages from Rudy Giuliani for defamation, a punishment that Giuliani's lawyer said would be so severe it would amount to the 'civil equivalent of the death penalty.' Attorneys for Ruby Freeman and her daughter Shaye Moss -- who were deluged by threats and attacks for years after Giuliani and Donald Trump falsely accused them of manipulating ballots in 2020 -- revealed the rough damages request for the first time Monday at the opening of a jury trial.... As the case kicked off Monday, jurors ... heard jarring audio of racist and violent phone messages and saw the text of emails, some echoing the false allegations that Giuliani and Trump lodged against Freeman and Moss as Trump sought to subvert his defeat in the 2020 election....

"U.S. District Court Judge Beryl Howell, who is presiding over the trial, has already found that Giuliani defamed Freeman and Moss and caused them emotional distress. Howell issued that ruling in August as a sanction for her finding that the former New York mayor and federal prosecutor intentionally hid evidence from them, including evidence about his net worth. The jury's only role is to settle on Giuliani's punishment....' ~~~

     ~~~ The New York Times story, by Eileen Sullivan, is here: "And arriving late to the courtroom on Monday did little to help Mr. Giuliani with the judge. After waiting for him to show up, Judge Howell sent someone to collect Mr. Giuliani from where he was standing with other members of the public in the security line to enter the courthouse." MB: According to Rachel Maddow, Rudy forgot to rebuckle his belt after he got through the security line, so showed up in the courtroom with his belt hanging off his pants. ~~~

     ~~~ Ryan Reilly, et al., of NBC News: "But in comments outside the courthouse Monday, Giuliani told reporters he did not regret his lies, and he claimed that he 'told the truth' about Freeman and Moss. 'When I testify, you'll get the whole story, and it will be definitively clear what I said was true,' he said.... Giuliani conceded in a court filing in July that he had made 'false' statements about Freeman and Moss.... The proceedings [in this case] got off to a rough start last week after Giuliani missed a pretrial hearing he was supposed to attend. [Giuliani's attorney fell on his sword and took the blame for Giuliani's failure to appear.]... A day before Giuliani failed to show up to the hearing, Howell slammed what she called his 'nonsense' claim in a recent court filing that damages should be determined by a judge, not a jury. The judge pointed out that Giuliani has been on notice about the jury trial demand for almost two full years." ~~~

     ~~~ Warning: If you befriend Donald Trump, you may become a confused, disheveled & impoverished old codger: a figure of fun or an object of pity.


Dan Lamothe
of the Washington Post: "The Air Force disciplined 15 members of the Air National Guard after an internal investigation found that a 'lack of supervision' and a 'culture of complacency' helped enable a 21-year-old airman to share hundreds of classified documents online in a sprawling leak of U.S. military secrets that rocked the national security establishment this spring. In a report delivered to Congress on Monday, the Air Force blamed Airman 1st Class Jack D. Teixeira's superiors for failing to restrict his access to classified systems and facilities and to alert appropriate authorities during the time that he was alleged to have been illegally sharing government secrets. The Air Force completed its investigation in August, but notified Congress and disclosed the findings Monday after being informed that The Washington Post was publishing a multipart investigation into the Discord leaks. The first article in the series published Monday morning; a 'Frontline'/Post documentary will premiere Tuesday."

Perry Stein & Devlin Barrett of the Washington Post: "Hunter Biden's legal team on Monday asked a Delaware judge to dismiss the federal gun charges filed against him, arguing that prosecutors violated key promises they made as part of a previous agreement that would have allowed Biden to avoid felony charges. Biden's team insisted in a filing Monday that the agreement is in effect. The government disagrees."

Chris Cameron of the New York Times: "Federal authorities arrested a New Hampshire man, charging him with threatening to kill Vivek Ramaswamy and his supporters, the Justice Department said on Monday. Prosecutors said Tyler Anderson, a 30-year-old from Dover, threatened to kill Mr. Ramaswamy..., and attendees of a campaign event planned on Monday in nearby Portsmouth. The threats were made as replies to an automated campaign message inviting Mr. Anderson to attend the event, according to images of the texts included in court documents. His messages implied that the threat would be carried out with a firearm.... The police also seized several firearms and recovered the threatening text messages from a deleted folder on Mr. Anderson's phone. In an interview with an F.B.I. agent after his arrest..., Mr. Anderson acknowledged sending the threats, adding that he had also sent similar messages to other campaigns. Another federal agent discovered such texts sent to another presidential campaign." ~~~

     ~~~ Marie: According to the story, Ramaswamy's "campaign criticized the news media, 'deranged voices' and 'left-wing cranks,' accusing the groups of inciting violence against Republicans." Really? Since Anderson was responding to an invitation to attend a Ramaswamy event, in all likelihood, the Ramaswamy campaign got Anderson's phone number from from a list of registered Republican voters. So I don't think it very likely that he is a "left-wing crank." Not sure if Ramaswamy's campaign staff is stupid or purposely lying. Or both. Whatever, Anderson, his arsenal & his attitude comprise a fine example of why this left-wing crank seldom leaves the house.


Annie Grayer & Marshall Cohen
of CNN: "House Republicans are preparing to formalize their impeachment inquiry into President Joe Biden with a House vote this week, as their investigation reaches a critical juncture while right-wing pressure grows. Up until this point, House Republicans have not had enough votes to legitimize their ongoing inquiry with a full chamber vote. The probe has struggled to uncover wrongdoing by the president which is why it hasn't garnered the unified support of the full GOP conference. Former House Speaker Kevin McCarthy unilaterally launched the inquiry in September, even though he had previously criticized Democrats for taking the same step in 2019 when they launched the first impeachment probe of ... Donald Trump without taking a vote at the beginning." (Also linked yesterday.) ~~~

     ~~~ Andrew Kaczynski & Em Steck of CNN: "House Speaker Mike Johnson is pursuing an impeachment strategy against President Joe Biden that he once said could cause 'irreparable damage' to the country when Democrats sought to oust then-President Donald Trump.... Just four years ago, Johnson blasted Democrats for opening an impeachment inquiry into Trump largely along party lines less than a year before the next presidential election -- the exact circumstances Johnson finds himself in now.... He argued the Democrats' grievances against Trump should be settled by voters and not through such an extreme remedy as impeachment." (Also linked yesterday.)

Shayna Jacobs of the Washington Post: Former Rep. "George Santos [R-N.Y.] ... is negotiating a plea agreement to potentially settle his indictment on fraud and campaign-finance-related charges, federal prosecutors disclosed in court papers Monday. The Brooklyn U.S. attorney's office, which handles cases in Long Island cited the negotiations in a letter filed in advance of a pretrial conference scheduled for Tuesday.... 'The parties are presently engaged in plea negotiations with the goal of resolving this matter without the need for a trial,' prosecutors from U.S. Attorney Breon Peace's office and from the Justice Department's public integrity section wrote in the filing.... Santos, 35, has been indicted on a host of counts, including charges that he defrauded his donors and lied to the government to get unemployment benefits during the pandemic.... Santos faces 23 counts in total." ~~~

     ~~~ Marie: Please, please make sure he does some jail time, if only because he defrauded donors who gave to a fund Santos set up supposedly to contribute to a homeless veteran who couldn't afford to pay for surgery for his dying dog. (Santos [allegedly!] kept the money; the dog didn't get the surgery and died.) I'm sure this is not one of the matters for which Santos is charged, but Santos should suffer just a bit of what that dog & his owner did.

The Crimson Scoops the New York Times. Miles Herszenhorn, et al., of the Harvard Crimson: "Harvard President Claudine Gay will remain in office with the support of the Harvard Corporation -- the University's highest governing body -- following the conclusion of the board's meeting on Monday, according to a source familiar with the decision. The Corporation will announce the decision in a statement Tuesday morning, according to the source." ~~~

~~~ Jeremy Peters, et al., of the New York Times: "Harvard's governing board on Monday was nearing a resolution that would allow its president, Claudine Gay, to remain in her job, according to two people with knowledge of the discussions. But those discussions were ongoing as of late Monday night. An announcement was expected on Tuesday. Harvard's board has said nothing about Dr. Gay's future or the festering controversy which began nearly a week ago over the way she equivocated when answering questions about antisemitism on campus in a congressional hearing.... Groups of donors, alumni and students ratcheted up a pressure campaign to oust Dr. Gay as her supporters banded together to try to save her job. About 700 members of Harvard's faculty, in addition to hundreds more alumni, came to her defense in several open letters."

Emily Badger, et al., of the New York Times: "Sometime around 2009, American roads started to become deadlier for pedestrians, particularly at night. Fatalities have risen ever since, reversing the effects of decades of safety improvements. And it's not clear why.... Nothing resembling this pattern has occurred in other comparably wealthy countries. In places like Canada and Australia, a much lower share of pedestrian fatalities occurs at night, and those fatalities -- rarer in number -- have generally been declining, not rising." Experts not only missed this trend, they don't agree on the reasons for it: "Speed limits on local roads are often higher in the U.S., laws and cultural prohibitions against dangerous driving can be weaker, and American infrastructure in many ways has been designed to enable speeding cars.... The most obvious potential risks that have changed in America since 2009 are found inside vehicles == in the drivers there fiddling with smartphones, in the dashboard displays that have grown ever more complex, in the growing weight and force of vehicles themselves.... [Also,] the pervasiveness in the U.S. of automatic transmissions, which help free up a driver's hand for other uses." (Also linked yesterday.) ~~~

    ~~~ Marie: I haven't driven a stick-shift since 2009 2008, when a dealer told my husband that stick-shifts were hard to sell because nobody knew how to drive them. But I noticed the other day that I was driving in town with my right hand on the stick, even though my car has an automatic shift and I had no intention of manually shifting gears. And I still, when I have to come to a quick stop, sometimes also bear down on the clutch-that isn't-there with my left foot. Old habits die hard.

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Jamelle Bouie of the New York Times: "... if you want a real sense of the differences between America's two major parties ... all you have to do is look at the states. Where Republicans have gained this kind of full control over state legislatures and statehouses, they have used that authority in pursuit of policies meant to curtail the ability of people in their states to live as they please.... The state-level Republican agenda also includes efforts to restrict voting or gerrymander political opponents out of representation. Taken all together, you could say that Republicans are engaged in a comprehensive effort to limit the freedom of entire categories of people."

** Texas Horror Story. David Goodman of the New York Times: "The Texas Supreme Court on Monday overturned a lower court order allowing an abortion for a pregnant woman whose fetus was diagnosed with a fatal condition, hours after her lawyers said she had decided to leave Texas for the procedure in the face of the state's abortion bans. The court ruled that the lower court made a mistake in ruling that the woman, Kate Cox, who is more than 20 weeks pregnant, was entitled to a medical exception. In its seven-page ruling, the Supreme Court found that Ms. Cox's doctor, Damla Karsan, 'asked a court to pre-authorize the abortion yet she could not, or at least did not, attest to the court that Ms. Cox's condition poses the risks the exception requires.' Texas' overlapping bans allow for abortions only when a pregnancy seriously threatens the health or life of the woman." ~~~

     ~~~ Earlier Monday. Eleanor Klibanoff of the Texas Tribune: "Kate Cox, a Dallas woman who sued for the right to terminate her non-viable pregnancy, has left Texas to have an abortion outside the state. Last Tuesday, Cox filed a historic lawsuit, asking the courts to allow her to terminate her pregnancy after she learned her fetus had full trisomy 18, a lethal fetal anomaly..., but her doctors refused to perform an abortion due to the state's near-total ban on the procedure. Travis County District Judge Maya Guerra Gamble ruled Thursday that neither Cox, nor her husband or OB/GYN, should be criminally or civilly penalized for terminating her pregnancy. Texas Attorney General Ken Paxton filed an emergency petition, asking the state Supreme Court to overturn that ruling. On Friday night, the high court put Guerra Gamble's order on hold while they considered the merits of the case. Meanwhile, though, Cox's condition was deteriorating, and she was in and out of the emergency room, according to her lawyers.... The Center for Reproductive Rights intends to continue litigating this case before the Texas Supreme Court, according to a letter sent to the court clerk Monday." (Also linked yesterday.) ~~~

~~~ Michelle Goldberg of the New York Times: "An irony here is that if the State Supreme Court had allowed [Kate] Cox to end her pregnancy in Texas, it might have benefited hard-line abortion opponents. Were the state to codify clear exemptions for people in extreme medical distress, offering a sliver of mercy to women like ... Cox, its callous abortion ban might seem slightly more politically palatable. That, after all, is why abortion opponents falsely insist that such clarity already exists. But right-wing politicians and those who support them would rather inflict unimaginable suffering on women than relax the tiniest bit of control over their medical decisions." Goldberg lays out what Cox and another pregnant woman, Amanda Zurawski, who filed an earlier suit against Texas, endured under this disgusting, inhumane abrogation of Texas women's right to obtain urgently medical care. ~~~

~~~ Jennifer Rubin of the Washington Post: "The Texas case undermines the rationale for abortion bans and adds to Republicans' political liability on an issue uppermost in the minds of many voters.... There are hundreds upon hundreds of situations involving fact-specific medical complications for a pregnant woman. These cannot, without violating our fundamental sense of justice and decency, be predetermined by a bunch of politicians (mostly White, mostly male and many medically illiterate) without regard to the wishes of the woman involved. None of this should detract from the rights of any woman to decide with her doctor for reasons she deems fit (e.g., lack of resources, age, other children, emotional turmoil) to end a pregnancy. But it does underscore that a ban that strips virtually all reasons for an abortion is a cruel, inhumane affront to women."

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Israel/Palestine

The Washington Post's live updates of developments Tuesday in the Israel/Hamas war are here: "Israel said it will open a second station to screen aid for Gaza, at the southern Kerem Shalom border crossing, as humanitarian groups call for sending more supplies into the besieged territory. But the crossing will not be open for aid to pass through, with Israel saying that aid would enter Gaza only via Egypt. Houthi militants claimed responsibility for an attack on a ship in the Red Sea, as regional flare-ups prompt fears of a wider war. U.S. officials said a missile launched from Yemen on Monday hit the Strinda, a Norwegian oil and chemical tanker. The White House has pitched to allies a multinational task force to protect commercial ships traveling near Yemen after attacks by the Houthis, a Yemeni militant group aligned with Iran." ~~~

     ~~~ The New York Times' live updates for Tuesday are here. CNN's live updates are here.

Zolan Kanno-Youngs & Ephrat Livni of the New York Times: "The Biden administration said on Monday that it is looking into reports by Amnesty International and The Washington Post that Israel used white phosphorus supplied by the United States in violation of international law. John Kirby, a spokesman for the U.S. National Security Council, said in an exchange with reporters that the Biden administration was 'certainly concerned' about reports of Israel illegally using U.S.-supplied white phosphorus in October in Lebanon.... White phosphorus is an incendiary, toxic substance used to create light and smoke screens during combat. Using it isn't illegal but deploying it deliberately against civilians or in a civilian setting violates the laws of war." ~~~

~~~ William Christou, et al., of the Washington Post: "Israel used U.S.-supplied white phosphorus munitions in an October attack in southern Lebanon that injured at least nine civilians in what a rights group says should be investigated as a war crime, according to a Washington Post analysis of shell fragments found in a small village. A journalist working for The Post found remnants of three 155-millimeter artillery rounds fired into Dheira, near the border of Israel, which incinerated at least four homes, residents said. The rounds, which eject felt wedges saturated with white phosphorous that burns at high temperatures, produce billowing smoke to obscure troop movements as it falls haphazardly over a wide area. Its contents can stick to skin, causing potentially fatal burns and respiratory damage, and its use near civilian areas could be prohibited under international humanitarian law."

Poland. Good Riddance. Andrew Higgins of the New York Times: "Poland's newly elected Parliament torpedoed a long-shot effort by right-wing forces to stay in power and chose the opposition leader Donald Tusk as the nation's new prime minister on Monday. The decision ushers the biggest and most populous country on the European Union's formerly communist eastern flank into a new era.... As Parliament shot down Law and Justice's effort to keep power, opposition legislators taunted [right-wing Law & Justice caretaker prime minister, Mateusz] Morawiecki and his supporters over their defeat, chanting 'Donald Tusk, Donald Tusk.' Later on Monday, Parliament nominated and confirmed Mr. Tusk, 66, as Poland's new leader, drawing cheers and applause from his allies and a sour denunciation of the new prime minister as a 'German agent' from Jaroslaw Kaczynski, the chairman of Law and Justice and Poland's de facto leader since 2015. Mr. Tusk, a veteran centrist politician who led Poland from 2007 to 2014, is expected to be sworn in on Wednesday by President Andrzej Duda, an ally of Law and Justice." ~~~

     ~~~ Marie: Rachel Maddow aired footage of Poles who took over a movie theater to watch the parliamentary proceedings on a CSpan-like feed. The citizens stood up and cheered as the right-wing efforts failed.

Russia. This Story Will Not End Well. Francesca Ebel of the Washington Post: "Supporters of jailed Russian opposition leader Alexei Navalny said Monday that they had lost contact with him and that they have been unable to ascertain his whereabouts for almost a week. Navalny, who has been convicted on an array of charges widely viewed as political retribution and carrying combined sentences totaling 30 years, was no longer in the prison colony IK-6, in the Vladimir region, about 140 miles east of Moscow where he had been held in recent months, his spokeswoman, Kira Yarmysh, posted Monday on X. Following his conviction last summer on extremism charges, Navalny was due to be transferred to a 'special security' penal colony, a facility with the most severe restrictions in the Russian prison system, but officials from Russia's penitentiary service had not informed Navalny's lawyers or family of his new location." CNN's story is here. (Also linked yesterday.)

Ukraine, et al. Zolan Kanno-Youngs of the New York Times: "President Volodymyr Zelensky of Ukraine began his last-ditch pitch for additional U.S. aid for his country's war effort after arriving in Washington on Monday by declaring that the true winner of the stalled negotiations in Congress is Russia. 'If there's anyone inspired by unresolved issues on Capitol Hill, it's just Putin and his sick clique,' Mr. Zelensky told national security officials at the National Defense University in Washington. The remarks represented a message to Congress, even as its chances of passing an aid deal have become increasingly bleak. They also marked Mr. Zelensky's first appeals in a hastily organized trip to Washington that is also scheduled to include meetings with members of Congress and President Biden on Tuesday."

News Lede

CNBC: "Prices across a broad range of goods and services edged higher in November but were mostly in line with expectations, further easing pressure on the Federal Reserve. The consumer price index, a closely watched inflation gauge, increased 0.1% in November, and was up 3.1% from a year ago, the Labor Department reported Tuesday. Economists surveyed by Dow Jones had been looking for no gain and a yearly rate of 3.1%. While the monthly rate indicated a pickup from the flat CPI reading in October, the annual rate showed another decline after hitting 3.2% a month earlier."