The Conversation -- December 8, 2023

Texas. Ashley Killough & Ed Lavandera of CNN: "Texas Attorney General Ken Paxton has petitioned the Texas Supreme Court to intervene in the case of a pregnant woman who was granted permission by a lower court judge on Thursday to obtain an emergency abortion. A Texas judge ruled Kate Cox, who sued the state seeking a court-ordered abortion, can legally terminate her pregnancy." MB: Earlier today, D in MD & others came up with some ideas about how to deal with Paxton. We'll have to up the ante now.

Alan Blinder & Anemona Hartocolis of the New York Times: "Harvard's president apologized for her testimony before Congress about how she responded to antisemitism on campus -- another sign that the controversy over her remarks and similar comments by the presidents of M.I.T. and the University of Pennsylvania was not going away. 'I am sorry,' Claudine Gay, Harvard's president, said in an interview that the campus newspaper, The Harvard Crimson, published on Friday. 'Words matter.'" CNN's report is here.

Dareh Gregorian of NBC News: “A federal appeals court in Washington, D.C. on Friday upheld but narrowed the gag order that had been imposed on ... Donald Trump in his D.C. election interference case prohibiting him from making critical comments about potential witnesses and prosecutors." The story has been substantially updated and extended: "The new version of the gag order bars Trump and his lawyers from making 'public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding,' but also allows him some leeway if a high-profile witness makes disparaging comments about him.... 'Mr. Trump is a former President and current candidate for the presidency, and there is a strong public interest in what he has to say. But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants. That is what the rule of law means,' [the order reads]." MB: And of course Trump responded by lying about the content of the order. It's what he does. ~~~

     ~~~ Rachel Weiner of the Washington Post: "A federal appeals court narrowed an order limiting what ... Donald Trump can say about people involved in the criminal case alleging that he tried to subvert the 2020 election results, saying he cannot talk about witnesses' involvement or single out other individuals in ways likely to interfere with the case.... The ruling upholds a ban on Trump speaking about the participation of witnesses in the investigation and likely testimony. But it removes from the gag order Special Counsel Jack Smith. Commentary on other lawyers involved in the case, as well as court staff and both groups' family members, are barred 'if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel's or staff's work in this criminal case, or with the knowledge that such interference is highly likely to result.'" The story has been updated.

Dana Milbank of the Washington Post -- after excoriating Speaker Mike Johnson with some obscure details you may not know -- gets to "the Three Stooges of the House's Biden investigations... Judiciary Committee Chairman Jim Jordan is Moe, thundering and blundering in his repeated failures to prove Biden's 'weaponization' of the government. Jason Smith, the in-over-his-head chairman of Ways and Means, is Larry, brainlessly reciting whatever script is in front of him. And Oversight Committee Chairman James Comer is Curly, perpetually getting a pie in the face when the 'evidence' he produces is immediately debunked." Latest smoking gun? Joe Biden helped his son buy a pickup truck, and Hunter repaid his dad in shockingly incriminating "monthly payments." MB: Totally impeachable.

CNN Announces Top Secret GOP Debate Plans! Michael Grynbaum of the New York Times: "With great fanfare this week, CNN announced it would host the network's first debate of the 2024 presidential campaign, gathering the Republican candidates for a marquee event on Jan. 21 at Saint Anselm College in New Hampshire.... Saint Anselm had no idea what CNN was talking about. 'We were surprised to be included on a press release by a network about a debate which we had not planned or booked,' Neil Levesque ... of Saint Anselm said in a statement on Friday. The chairman of New Hampshire's Republican Party, Chris Ager..., said in an interview. 'I'm still scratching my head. And I still haven't been contacted by CNN at all.' There is, however, a competing debate scheduled to take place three days earlier, hosted by ... ABC News. The ABC debate, on Jan. 18, is set to be held at Saint Anselm, and it has the approval of both the college and state Republican officials."

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Glenn Thrush & Michael Schmidt of the New York Times: "A federal grand jury charged Hunter Biden on Thursday with a scheme to evade federal taxes on millions in income from foreign businesses, the second indictment against him this year and a major new development in a case Republicans have made the cornerstone of a possible impeachment of President Biden. Mr. Biden, the president's son, faces three counts each of evasion of a tax assessment, failure to file and pay taxes, and filing a false or fraudulent tax return, according to the 56-page indictment -- a withering play-by-play of personal indulgence with potentially enormous political costs for his father.... Many of the facts laid out in Thursday's indictment were already widely known, and the litany of Mr. Biden's actions tracks closely with a narrative he drafted with prosecutors in the plea deal that collapsed over the summer under the withering scrutiny of a federal judge in Delaware." CNN's report is here. ~~~

     ~~~ Marie: Not mentioned in the NYT report: Hunter has paid the taxes owed. But from the CNN report: Hunter Biden's attorney Abbe Lowell said in a statement, "First, U.S. Attorney Weiss bowed to Republican pressure to file unprecedented and unconstitutional gun charges to renege on a non-prosecution resolution. Now, after five years of investigating with no new evidence -- and two years after Hunter paid his taxes in full -- the U.S. Attorney has piled on nine new charges when he had agreed just months ago to resolve this matter with a pair of misdemeanors." Former federal prosecutor Joyce Vance essentially agreed with Lowell: she said on MSNBC that it was highly unusual for a prosecutor to waste time prosecuting a tax evader who has made restitution.

Kayla Guo of the New York Times: "The Republican-led House on Thursday formally rebuked Representative Jamaal Bowman, Democrat of New York, for setting off a false fire alarm in a House office building in September, the latest in a series of partisan reprisals using a once-rare form of congressional punishment. The censure resolution, which was introduced by Representative Lisa McClain, Republican of Michigan, passed 214 to 191, largely along party lines, with five members voting 'present.' After the vote, Mr. Bowman stood in the well of the House floor to be officially reprimanded. Democrats lined up in support behind him, with Representatives Alexandria Ocasio-Cortez of New York and Ayanna Pressley of Massachusetts each placing a hand on his shoulders." The AP report is here. (Also linked yesterday.)

Washington Post: "Donald Trump filed notice on Thursday saying he will appeal [Judge Tanya Chutkan's] ruling that he was not immune from being charged with federal crimes for his efforts to undo the outcome of the 2020 election, either by his former role as president or the Constitution's rules for impeachment. The notice is a minor procedural step. But it sets in motion one of the most potentially consequential parts of Trump's legal saga as the first former president to be charged with crimes. How and when the U.S. Circuit Court of Appeals for the District of Columbia and the Supreme Court handle his appeal could have a huge impact on whether Trump -- who is again running for president -- goes on trial before voters go to the polls in 2024, or ever.... Since the Supreme Court has never grappled with some of the legal questions at issue in Trump's claims -- particularly whether a president is immune from indictment and criminal prosecution for actions undertaken while in office, even after he has left office -- many lawyers say they believe the courts will have to wrestle with those aspects of the Trump case. The key issue, according to legal experts, is how long will the higher courts consider that question." (Also linked yesterday.) ~~~

     ~~~ Marie: That would be the ruling where Judge Chutkan cited George Washington warning against "cunning, ambitious, and unprincipled men" like Trump. See Akhilleus' commentary in yesterday's thread. ~~~

     ~~~ Rebecca Beitsch of the Hill: "Former President Trump filed a motion seeking to halt activity in his election interference case after filing a notice of appeal Thursday seeking to override a decision from a federal judge who denied his motion to toss the case. The back-to-back motions ask Judge Tanya Chutkan, who is overseeing the Jan. 6 case, to pause 'all district court proceedings in this case' as a higher court considers Trump's appeal of the motion to toss the entire case." (Also linked yesterday.) ~~~

     ~~~ Alan Feuer of the New York Times: "The request to freeze the case as the appeal goes forward was part of a long-planned strategy to delay any trial on the election interference charges from starting on schedule, in March.... While Mr. Trump has sought to slow down all of his cases, he has pursued the strategy most vigorously in the election case in Federal District Court in Washington, if only because it is likely to be the first to go before a jury." ~~~

     ~~~ Marie: As Lawrence O'Donnell pointed out Thursday night, the judicial system is simply not ready to deal with Donald Trump. He also noted that when they wanted to, judges could get off their asses: the Supremes decided Bush v. Gore -- which determined who would be the next POTUS -- within a day.

Carl Gibson of Alternet: "... Donald Trump was dealt a major blow by the New York Court of Appeals on Thursday in the midst of his ongoing civil fraud trial.... On Thursday afternoon, MSNBC legal reporter Lisa Rubin tweeted that appellate judges denied Trump's request to stay (or halt) Judge Arthur Engoron's ruling in favor of New York Attorney General Letitia James, who won a summary judgment in September in her initial claim that Trump committed 'pervasive, widespread fraud in financial statements.'" MB: As far as I can tell, this story has not been reported elsewhere, which seems odd.

See Ken Flip. Zachary Cohen & Marshall Cohen of CNN: "The pro-Trump lawyer who helped devise the 2020 fake electors plot and already pleaded guilty to the conspiracy in Georgia is now cooperating with Michigan and Wisconsin state investigators in hopes of avoiding more criminal charges, multiple sources told CNN. In a dramatic turnaround from 2020 -- when the lawyer, Kenneth Chesebro, was at the center of efforts by ... Donald Trump to subvert the Electoral College and overturn his defeat -- Chesebro is now helping investigators in at least four states who are looking into the scheme."

Ryan Reilly of NBC News: "A former California police chief who called for the execution of Donald Trump's political enemies, joined the U.S. Capitol attack and then spread conspiracy theories about Jan. 6 was sentenced to more than 11 years in federal prison Thursday. Alan Hostetter was found guilty in July on charges of conspiracy to obstruct an official proceeding, obstruction of an official proceeding, entering or remaining on restricted grounds with a deadly or dangerous weapon and disorderly or disruptive conduct on restricted grounds with a deadly or dangerous weapon. He represented himself at a bench trial before U.S. District Judge Royce Lamberth, a Ronald Reagan appointee, who sentenced him to 135 months Thursday.... Like GOP presidential candidate Vivek Ramaswamy and many far-right members of Congress, Hostetter has spread conspiracy theories about the attack on Jan. 6, 2021. Ramaswamy said, without evidence, during the Republican debate Wednesday night that Jan. 6 'now does look like it was an inside job,' while Hostetter said during his trial that he believed 'that the entire thing was staged.' Hostetter, who was found to have carried a hatchet during the attack, brought up Ramaswamy's debate comments at his sentencing hearing Thursday."

Presidential Race 2024

Steve M. is not all that exercised about Donald the Dictator. He acknowledges that he might be wrong and that Trump will place in key posts a coterie of "awfully Khmer Rouge-y [lackies], and they don't seem to suffer from Trump's attention deficit disorder." But, as for Trump himself, Steve figures, "... he's much more likely to spend a typical Tuesday trying to punish CNN for something it broadcast on Monday night than avenging some slight he experienced in 2019."

David French of the New York Times: "To understand why [Christian fundamentalists] support Trump, it's important to understand fundamentalism more broadly and to understand how Trump fits so neatly within the culture of fundamentalist Christianity.... The true distinction between fundamentalism and mainstream beliefs isn't what fundamentalists believe but how fundamentalists believe.he true distinction between fundamentalism and mainstream beliefs isn't what fundamentalists believe but how fundamentalists believe.... Certainty is the key building block.... To fundamentalists, their opponents aren't just wrong but evil.... Certainty breeds ferocity. Indeed, ferocity -- not piety -- is a principal trait of every truly fundamentalist movement I've ever encountered.... Solidarity ... [is] the sense of shared purpose and community that makes any form of fundamentalism truly potent.... Why do so many fundamentalists love Trump? Because in his certainty, ferocity and demands of loyalty, he's a far more culturally familiar figure than a person of restraint and rectitude such as ... Mitt Romney...."

David Gilbert of Wired: "For months, GOP presidential candidate Vivek Ramaswamy has been dog-whistling to supporters of extremist far-right ideologies and wild conspiracy theories like QAnon. On Wednesday night, at the fourth Republican presidential debate, Ramaswamy went full tilt: After blasting the three other debaters for turning on ... Donald Trump, Ramaswamy argued, without evidence, that the January 6 Capitol riot was an inside job, the 2020 presidential election was stolen, the government had lied about 9/11, and the 'deep state' was responsible for all these things. Then, Ramaswamy claimed that the 'great replacement theory is not some grand right-wing conspiracy theory, but a basic statement of the Democratic Party's platform.' Immediately, white supremacists online celebrated the reference to the racist and antisemitic conspiracy." This page is firewalled, but it takes a couple of minutes to disappear. So speed-read.

Marie: Yesterday, I mentioned in a comment that university presidents were expected to know how to handle & persuade donors and that three major US university presidents failed to appreciate their audience during Congressional testimony about antisemitism on campus. So then there was this: ~~~

     ~~~ Miranda Nazzarro of the Hill: "The University of Pennsylvania (Penn) lost a major $100 million donation on Thursday amid the fallout from Penn President Liz Magill's comments at a recent House hearing on campus antisemitism. In a letter to Penn Senior Vice President Wendy White, lawyers for Ross Stevens, the founder and CEO of Stone Ridge Asset Management, said Stevens would be withdrawing his gift, now valued at about $100 million, that was expected to fund the Stevens Center for Innovation in Finance.... 'Mr. Stevens and Stone Ridge are appalled by the University's stance on antisemitism on campus,' Stevens's lawyers wrote. 'Its permissive approach to hate speech calling for violence against Jews and laissez faire attitude toward harassment and discrimination against Jewish students would violate any policies or rules that prohibit harassment and discrimination based on religion, including those of Stone Ridge.'" ~~~

     ~~~ Matt Egan of CNN: "The walls appear to be caving in on the University of Pennsylvania's president, Liz Magill, who faces scathing criticism over her performance at a House hearing earlier this week. Prominent donor Ross Stevens threatened to claw back a $100 million donation. The university's board of trustees held an emergency meeting Thursday. And the powerful Wharton Board of Advisors that leads the university's prominent business school called for a leadership change at the university. Magill remained president after the hastily arranged board gathering concluded Thursday, a source familiar with the proceedings told CNN. But Magill faced a rebellion from Wharton's Board of Advisors, and a growing coalition of donors, politicians and business leaders who denounced her testimony.... The Wharton Board of Advisors, comprised of a who's who group of business leaders..., specifically cite[d] Magill's disastrous testimony [in a letter to her]. The strong criticism comes from an influential group of Penn alumni. Its members include billionaire NFL owner Josh Harris, former Johnson & Johnson CEO Alex Gorsky, Related Companies CEO Jeff Blau, Blackstone exec David Blitzer and BET CEO Scott Mills...." ~~~

     ~~~ Washington Post: "The president of the University of Pennsylvania released a video walking back some of her testimony at a congressional hearing this week about antisemitism on campus after calls for her resignation followed her remarks. In the video late Wednesday, Liz Magill said she should have responded differently to questions Tuesday from Rep. Elise Stefanik (R-N.Y.) about whether calls for the genocide of Jewish people would violate university policies. 'I was not focused on, but I should have been, the irrefutable fact that a call for genocide of Jewish people is a call for some of the most terrible violence human beings can perpetrate,' Magill said Wednesday. 'It's evil, plain and simple.'" ~~~

     ~~~ Alan Blinder, et al., of the New York Times: "Harvard, M.I.T. and the University of Pennsylvania on Thursday faced threats from donors, demands that their presidents resign and a congressional investigation as repercussions mounted over the universities' responses to antisemitism on campus.... Senator Kirsten Gillibrand, Democrat of New York, said all three presidents should leave their posts. 'You cannot call for the genocide of Jews, the genocide of any group of people, and not say that that's harassment,' she told Fox News. And Doug Emhoff, the husband of Vice President Kamala Harris, denounced the university leaders at the National Menorah Lighting in Washington." The Congressional "investigation" will be led by Virginia Foxx (R-NC), who continues her quest to be named Dumbest Member of Congress (even though she holds advanced college degrees). ~~~

~~~ Michelle Goldberg of the New York Times: "... while it might seem hard to believe that there's any context that could make the responses of the college presidents OK, watching the whole hearing at least makes them more understandable. In the questioning before the now infamous exchange, you can see the trap [Rep. Elise] Stefanik [R-N.Y.] laid.... When Stefanik again started questioning [the university presidents during a second round] about whether it was permissible for students to call for the genocide of the Jews, she was referring, it seemed clear, to common pro-Palestinian rhetoric and trying to get the university presidents to commit to disciplining those who use it. Doing so would be an egregious violation of free speech.... Finding themselves in a no-win situation, the university presidents resorted to bloodless bureaucratic contortions, and walked into a public relations disaster.... The anguished and furious reaction of many Jews to [a] viral clip [of Stefanik's questioning] is understandable.... But it seems to me that it is precisely when people are legitimately scared and outraged that we're most vulnerable to a repressive response leading to harmful unintended consequences." ~~~

     ~~~ Marie: Goldberg's column is in line with an item Paul Campos posted Wednesday in LG&$ and which RAS linked in yesterday's Comments.

Nuns v. Guns. Washington Post: "A coalition of Catholic nuns has filed a lawsuit against gunmaker Smith & Wesson, calling for the company to stop producing AR-style rifles, which the women claim are 'the weapon of choice for numerous mass murderers. The lawsuit, filed Tuesday in a Nevada district court, alleges that Smith & Wesson has repeatedly ignored 'red flags' and failed to respond appropriately to mass shootings in the United States. The lawsuit references some of the deadliest mass killings in recent U.S. history.... Jeffrey Norton, an attorney representing the nuns, said in a statement to The Washington Post that his clients are 'activist investors,' meaning they buy stock in a company to pursue a certain goal."

You may wonder about WashPo stories linked above, "What? No byline?" There's a reason for that: ~~~

~~~ Washington Post: "More than 750 Washington Post staffers said they had walked off the job Thursday, refusing to work for 24 hours in the biggest labor protest at the company in nearly half a century. Workers marched in a picket line outside The Post's offices in downtown Washington, waving 'Strike' signs, ringing bells, blowing horns, beating drums and chanting 'Hey, hey, ho, ho, our salary floor is much too low!' But even as strikers asked readers to abstain from the newspaper and its website for the day in solidarity, editors and other managers carried on with many of the tasks that go into producing a daily news report, from writing articles to operating printing presses." The Hill's story is here. (Also linked yesterday.)

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North Dakota. Kate Santaliz, et al., of NBC News: "North Dakota Sen. Kevin Cramer's son has been charged with manslaughter after his alleged involvement in a police chase that resulted in the death of a sheriff's deputy Wednesday night. Ian Cramer, 42, faces manslaughter, fleeing an officer and other charges in connection with the incident in Mercer County, North Dakota, according to court records.... A police pursuit of Cramer ended in a crash that killed sheriff deputy Paul Martin, who had taken cover behind his vehicle after laying a tire deflation device in the road, court documents said. In a statement Wednesday, the Republican senator said that his son suffers from 'serious mental disorders which manifest in severe paranoia and hallucinations,' and that his family is grieving the death of the sheriff's deputy." ~~~

     ~~~ Marie: This is a family tragedy. Somehow I don't think Republicans will treat Ian's problems -- which caused loss of life -- with the same umbrage they have taken in Hunter Biden's myriad mistakes.

Texas. David Goodman of the New York Times: "A Texas judge on Thursday granted a request to allow an abortion despite the state's strict bans, in the case of a pregnant woman whose fetus was diagnosed with a fatal condition. The judge, Maya Guerra Gamble of Travis County district court, sided with the woman, Kate Cox, who is 20 weeks pregnant, issuing a temporary restraining order to permit her doctor to perform an abortion without facing civil or criminal penalties under the state law. The judge, a Democrat, agreed with Ms. Cox's lawyers that the procedure was necessary to protect Ms. Cox from a potentially dangerous birth, and to preserve her future fertility. The ruling applied only to Ms. Cox, whose case was believed to be among the first attempts to seek a court-approved abortion since the U.S. Supreme Court overturned Roe v. Wade last year and allowed states to enact their own abortion restrictions." An NBC News story is here. (Also linked yesterday.) ~~~

     ~~~ Update. Brendan Pierson of Reuters: "Texas Attorney General Ken Paxton on Thursday threatened to prosecute any doctors involved in providing an emergency abortion to a woman, hours after she won a court order allowing her to obtain one for medical necessity. Paxton said in a letter that the order by District Court Judge Maya Guerra Gamble in Austin did not shield doctors from prosecution under all of Texas's abortion laws, and that the woman, Kate Cox, had not shown she qualified for the medical exception to the state's abortion ban." MB: In a free country, no patient in dire need of medical care would have to go through any of this. If you are wondering what it would be like to live in a totalitarian state, you probably are not a young woman living in a red state.

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Israel/Palestine

The Washington Post's live updates of developments Friday in the Israel/Hamas war are here: "Humanitarian relief efforts in Gaza are 'in tatters,' the U.N.'s emergency aid chief Martin Griffiths said, saying the pace of Israel's military assault in southern Gaza left 'no place safe for civilians.' However, he expressed hope that the Kerem Shalom crossing between southern Gaza and Israel -- which had been a key route for aid entering Gaza before the war -- would reopen soon.... U.S. Secretary of State Antony Blinken said Israel needed to do more to reduce civilian casualties, describing 'a gap' between 'the intent to protect civilians, and the actual results that we're seeing on the ground.' The United Arab Emirates is seeking a U.N. Security Council vote Friday on a draft resolution that demands an immediate humanitarian cease-fire in Gaza. It comes after U.N. Secretary General António Guterres invoked a rarely used power, Article 99, this week, to warn the Security Council of an impending 'humanitarian catastrophe' in Gaza." ~~~

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

Matthew Bigg & Hwaida Saad of the New York Times: "An Oct. 13 strike that killed a videographer for the Reuters news agency and injured six others in southern Lebanon was carried out by the Israeli military and appeared to be a deliberate attack, Human Rights Watch said on Thursday. The watchdog group said that evidence it had reviewed -- including dozens of videos of the incident, photographs and satellite images, and interviews with witnesses and military experts -- showed that the journalists were not near areas where fighting was taking place and that there was no military objective near their position. 'The attack on the journalists'; position directly targeted them,' the report said, labeling the attack a war crime."

News Ledes

New York Times: "Ryan O'Neal, who became an instant movie star in the hit film 'Love Story,' the highest-grossing movie of 1970, but who was later known as much for his personal life and health problems as for his acting in his later career, died on Friday. He was 82."

CNBC: "Job creation showed little signs of a let-up in November, as payrolls grew even faster than expected and the unemployment rate fell despite signs of a weakening economy. Nonfarm payrolls rose by a seasonally adjusted 199,000 for the month, slightly better than the 190,000 Dow Jones estimate and ahead of the unrevised October gain of 150,000, the Labor Department reported Friday. The unemployment rate declined to 3.7%, compared to the forecast for 3.9%, as the labor force participation rate edged higher to 62.8%. A more encompassing unemployment rate that includes discouraged workers and those holding part-time positions for economic reasons fell to 7%, a decline of 0.2 percentage point."

AP: "The man suspected of fatally shooting three people and wounding another at a Las Vegas university Wednesday was a professor who unsuccessfully sought a job at the school, a law enforcement official with direct knowledge of the investigation told The Associated Press.... The suspect previously worked at East Carolina University in North Carolina, according to the official...."

The Conversation -- December 7, 2023

Kayla Guo of the New York Times: "The Republican-led House on Thursday formally rebuked Representative Jamaal Bowman, Democrat of New York, for setting off a false fire alarm in a House office building in September, the latest in a series of partisan reprisals using a once-rare form of congressional punishment. The censure resolution, which was introduced by Representative Lisa McClain, Republican of Michigan, passed 214 to 191, largely along party lines, with five members voting 'present.' After the vote, Mr. Bowman stood in the well of the House floor to be officially reprimanded. Democrats lined up in support behind him, with Representatives Alexandria Ocasio-Cortez of New York and Ayanna Pressley of Massachusetts each placing a hand on his shoulders." The AP report is here.

Washington Post: 'Donald Trump filed notice on Thursday saying he will appeal [Judge Tanya Chutkan's] ruling that he was not immune from being charged with federal crimes for his efforts to undo the outcome of the 2020 election, either by his former role as president or the Constitution's rules for impeachment. The notice is a minor procedural step. But it sets in motion one of the most potentially consequential parts of Trump's legal saga as the first former president to be charged with crimes. How and when the U.S. Circuit Court of Appeals for the District of Columbia and the Supreme Court handle his appeal could have a huge impact on whether Trump -- who is again running for president -- goes on trial before voters go to the polls in 2024, or ever.... Since the Supreme Court has never grappled with some of the legal questions at issue in Trump's claims -- particularly whether a president is immune from indictment and criminal prosecution for actions undertaken while in office, even after he has left office -- many lawyers say they believe the courts will have to wrestle with those aspects of the Trump case. The key issue, according to legal experts, is how long will the higher courts consider that question." ~~~

     ~~~ Marie: That would be the ruling where Judge Chutkan cited George Washington warning against "cunning, ambitious, and unprincipled men" like Trump. See Akhilleus' commentary in today's thread. ~~~

     ~~~ Rebecca Beitsch of the Hill: "Former President Trump filed a motion seeking to halt activity in his election interference case after filing a notice of appeal Thursday seeking to override a decision from a federal judge who denied his motion to toss the case. The back-to-back motions ask Judge Tanya Chutkan, who is overseeing the Jan. 6 case, to pause 'all district court proceedings in this case' as a higher court considers Trump's appeal of the motion to toss the entire case."

"What?" You may wonder of the WashPo story linked above, "No byline?" There's a reason for that: ~~~

~~~ Washington Post: "More than 750 Washington Post staffers said they had walked off the job Thursday, refusing to work for 24 hours in the biggest labor protest at the company in nearly half a century. Workers marched in a picket line outside The Post's offices in downtown Washington, waving 'Strike' signs, ringing bells, blowing horns, beating drums and chanting 'Hey, hey, ho, ho, our salary floor is much too low!' But even as strikers asked readers to abstain from the newspaper and its website for the day in solidarity, editors and other managers carried on with many of the tasks that go into producing a daily news report, from writing articles to operating printing presses." The Hill's story is here.

David Goodman of the New York Times: "A Texas judge on Thursday granted a request to allow an abortion despite the state's strict bans, in the case of a pregnant woman whose fetus was diagnosed with a fatal condition. The judge, Maya Guerra Gamble of Travis County district court, sided with the woman, Kate Cox, who is 20 weeks pregnant, issuing a temporary restraining order to permit her doctor to perform an abortion without facing civil or criminal penalties under the state law. The judge, a Democrat, agreed with Ms. Cox's lawyers that the procedure was necessary to protect Ms. Cox from a potentially dangerous birth, and to preserve her future fertility. The ruling applied only to Ms. Cox, whose case was believed to be among the first attempts to seek a court-approved abortion since the U.S. Supreme Court overturned Roe v. Wade last year and allowed states to enact their own abortion restrictions." An NBC News story is here.

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Donald Judd of CNN: "President Joe Biden on Wednesday fired back against claims from House Republicans that he was involved in business dealings with his son and brother, telling reporters at the White House the GOP claims are 'a bunch of lies.'... Most, if not all, of the claims about Joe Biden's involvement with Hunter Biden's business dealings were refuted in 2019, but they gained major traction in the right-wing media ecosystem, where they are often presented as facts. There is no public evidence that the president ever abused his government powers to help his family." MB: Thank you, CNN, for accurately reporting instead of succumbing to both-siderisms. (Also linked yesterday.)

** Annie Karni of the New York Times: "Former Speaker Kevin McCarthy, Republican of California, who made history as the first speaker to be ousted from the post, announced on Wednesday that he would leave the House at the end of the year but said he planned to remain engaged in Republican politics. Mr. McCarthy's resignation, which he announced in an opinion essay in The Wall Street Journal, will bring to a close a 16-year stint in Congress in which he rose from a member of the self-proclaimed 'Young Guns' -- Republicans driving to build their party's majority in the House -- to the position second in line to the presidency. It caps his spectacular downfall after just under nine months as speaker, when the right-wing forces that he and other establishment Republicans harnessed to power their political victories ultimately rose up and ran him out.... Mr. McCarthy's imminent departure will shrink the already slim Republican majority, which went to three seats from four with the expulsion last week of Representative George Santos of New York." MB: Also, Bill Johnson (R-Ohio) will resign within the next few months. CNBC's report is here. (Also linked yesterday.) ~~~

~~~ Former Speaker Elmer Fudd vs. That Rascally Raskin: ~~~

"Accessory After the Fact." Lawrence O'Donnell reads chapter & verse of the U.S. criminal code to illuminate at least one of the crimes Speaker of the House Mike Johnson confessed to committing:

Luke Broadwater of the New York Times: "House Republicans on Wednesday threatened to hold Hunter Biden, the president's son, in contempt of Congress if he did not appear for a closed-door deposition they scheduled for next week as they hunt for evidence to try to impeach his father. Hunter Biden has offered to testify publicly but resisted submitting to private questioning, saying he is concerned that Republicans will twist his words and selectively leak portions of his testimony without context.... 'The subpoenas compel him to appear for a deposition on Dec. 13. If Mr. Biden does not appear for his deposition on Dec. 13, 2023, the committees will initiate contempt of Congress proceedings,' [Reps. Jim Comer & Jim Jordan said].... The Jan. 6 committee did not refer for contempt every witness who defied its subpoenas. Mr. Jordan, for example, was among the Republican members of Congress who received a subpoena but did not cooperate with the investigation."

Tamar Hallerman, et al., of the Atlanta Journal-Constitution: "Fulton County prosecutors could call several senior officials who served in the Trump administration and Georgia's top elected leaders as witnesses during the trial for their election interference case.... Among the names prosecutors have included on their almost 200-person witness list: former Vice President Mike Pence; ex-Attorney General Bill Barr; onetime Justice Department officials Jeffrey Rosen and Richard Donoghue; U.S. Rep. Scott Perry of Pennsylvania; and Steve Bannon, the conservative provocateur and former aide to former President Donald Trump. The District Attorney's office could also call several of Georgia's top Republican leaders, including Gov. Brian Kemp, Attorney General Chris Carr, Secretary of State Brad Raffensperger and former Lt. Gov. Geoff Duncan."

Nevada Fake Electors Charged. Amy Gardner & Yvonne Sanchez of the Washington Post: "A Nevada grand jury has charged six Republicans who claimed to be presidential electors in 2020 and submitted certificates to Congress falsely asserting that ... Donald Trump had won the election in their state. Nevada Attorney General Aaron D. Ford (D) launched an investigation this fall, making his the third state after Georgia and Michigan to seek charges against the pro-Trump activists who met and cast ballots for the then-president on Dec. 14, 2020, despite Joe Biden's victory.... The felony charges facing each elector are offering a false instrument for filing, a Category C felony, and uttering a forged instrument, a Category D felony." CNN's story is here.

Wisconsin Fake Electors Cave. Patrick Marley of the Washington Post: "In a legal settlement Wednesday, the 10 Republicans who signed official-looking paperwork falsely purporting Donald Trump won Wisconsin in 2020 have agreed to withdraw their inaccurate filings, acknowledge Joe Biden won the presidency and not serve as presidential electors in 2024 or in any election where Trump is on the ballot. Wednesday's civil settlement marks the first time pro-Trump electors have agreed to revoke their false filings and not repeat their actions in the next presidential election.... Documents released as part of the settlement revealed one of the Wisconsin Republicans appeared to refer to the attempt to install Trump for a second term as a 'possible steal.' That Republican expressed skepticism about the plan but told others he was going along with it in part because he feared he would face blowback from Trump supporters if he didn't.

"The lawsuit, filed last year by two of the state's rightful electors, alleged the Republicans had taken part in a conspiracy to defraud voters and sought up to $200,000 from each Trump elector. No money is being exchanged as part of the settlement. The Biden electors are continuing their lawsuit against two attorneys who assisted the Wisconsin Republicans -- Jim Troupis, a former Dane County judge who led Trump's recount efforts in the state, and Kenneth Chesebro, who advised Republicans around the country and pleaded guilty in October to conspiring to overturn Biden's win in Georgia" CNN's story is here. (Also linked yesterday.) ~~~

     ~~~ Marie: Alex Wagner featured a photo of the Cheese Bro in the room with the Cheesehead fake electors as they signed the fake electors' certificate. Chesebro was taking snapshots as if they were at a party. The party's over, Kenny Boy.

Zachary Cohen, et al., of CNN: "Prosecutors in the Georgia election subversion case against ... Donald Trump have officially listed former Vice President Mike Pence as one of the witnesses who could be called to testify at trial.... Pence could become a key witness as one of the few one-time Republican allies of the former president to strongly rebuke Trump's claims of widespread voter fraud in the Peach State. 'Despite what the former president and his allies have said for now more than two and a half years and continue to insist -- the Georgia election was not stolen, and I had no right to overturn the election on January 6,' Pence said at the National Conference of State Legislatures after Trump was indicted in August." (Also linked yesterday.)

Presidential Race 2024

Jonathan Weisman of the New York Times: "A two-hour debate between four Republican presidential hopefuls on Wednesday night played out like a battle between two tag-team wrestling duos. Ron DeSantis and Vivek Ramaswamy relentlessly attacked Nikki Haley, while Ms. Haley tried to fight back with the help of the fourth candidate on the stage, Chris Christie. The debate, held in Tuscaloosa, Ala., is likely to be the last Republican National Committee-sanctioned meeting before the Iowa caucuses next month.... As the debate unspooled, the overall imperative appeared to be thwarting Ms. Haley's rise. Mr. DeSantis accused her repeatedly of cozying up to China when she led the state of South Carolina and of being tolerant of children who identified as transgender. Mr. Ramaswamy was more brutal, calling her a 'fascist' and saying she was corrupt because of ties to Wall Street and military contractors.... [Haley] appeared to rely on Mr. Christie ... for help, and he did deliver it, accusing Mr. Ramaswamy of smearing the only woman on the stage and calling him 'the most obnoxious blowhard in America.'" MB: This is the top pinned entry in a liveblog, which I accidentally forgot to link timely. ~~~

     ~~~ Nick Corasaniti of the New York Times: "Vivek Ramaswamy's defense of Donald J. Trump at Wednesday's debate quickly devolved into a laundry list of far-right conspiracy theories.... 'Why am I the only person, on this stage at least, who can say that Jan. 6 now does look like it was an inside job?' Mr. Ramaswamy said. (Dozens of criminal indictments and bipartisan congressional investigations rebut Mr. Ramaswamy's argument.)... As if reading a far-right message board, Mr. Ramaswamy continued, claiming that the 2020 election was stolen by 'big tech' (several intelligence agencies called it 'the most secure in American history') and that the 2016 election, which Mr. Trump won, was also 'stolen from him by the national security establishment' because of the investigation into allegations that his campaign had colluded with Russia."

Marianne LeVine, et al., of the Washington Post: "Donald Trump's campaign asked allies on Capitol Hill in recent days to publicly counter criticism that the former president would govern like a dictator in a second term, according to people familiar with the matter. Yet on Tuesday, Trump reignited that criticism. Pressed twice on the topic during a televised town hall with Fox News host Sean Hannity, including on whether he 'would never abuse power as retribution against anybody,' Trump replied: 'Except for Day 1,' before going on to talk about drilling for oil and closing the border. The conflicting messages underscored what some experts and lawmakers see as Trump's continued embrace of authoritarian rhetoric and ideas, and his refusal to fully rebuke some dire warnings about how he'd govern in a second term, even as his campaign is anticipating more attacks on this theme." ~~~

~~~ Philip Bump of the Washington Post on Sean Hannity's master class in helping a would-be dictator gain power. Before the exchange where Trump said he'd be a dictator only on Day One, "Hannity showed his audience clips of other media voices offering concerns about Trump -- and that alone was meant to be discrediting for those concerns.... Trump has been so effective at casting the non-right-wing media as untrustworthy opponents that simply presenting something they say has the effect of validating the inverse with his base.... Hannity worked hard to present Trump and his rhetoric as normal or logical."

Michigan. AP: "The Michigan Supreme Court refused Wednesday to immediately hear an appeal of a lower court's ruling that would allow ... Donald Trump's name to be on the state's presidential primary ballot. The state Supreme Court said the case should remain before the state court of appeals, and not immediately move to Michigan's highest court as a liberal group had requested."

Colorado. Isabella Murray of ABC News: "The Colorado Supreme Court heard oral arguments Wednesday in the historic challenge to Trump's ballot eligibility in Colorado under Section 3 of the 14th Amendment. During the two-hour hearing in Denver. the seven-justice court posed sharp questions central to the case, including on the definition of insurrection; whether the Capitol riot that occurred on Jan. 6, 2021 was an insurrection; and whether the 'insurrectionist ban' applies to a U.S. president. It is unclear when Colorado's Supreme Court will issue a ruling."

Stephanie Saul & Anemona Hartocolis of the New York Times: "Support for the presidents of Harvard, the University of Pennsylvania and M.I.T. eroded quickly on Wednesday, after they seemed to evade what seemed like a rather simple question during a contentious congressional hearing: Would they discipline students calling for the genocide of Jews? Their lawyerly replies to that question and others during a four-hour hearing drew incredulous responses.... Even the liberal academic Laurence Tribe found himself agreeing with Representative Elise Stefanik, Republican of New York, who sharply questioned Harvard's president, Claudine Gay.... Ms. Stefanik asked [Penn's president, Elizabeth] Magill, 'Does calling for the genocide of Jews violate Penn's rules or code of conduct, yes or no?' Ms. Magill replied, 'If the speech turns into conduct, it can be harassment.' Ms. Stefanik...: 'I am asking, specifically: Calling for the genocide of Jews, does that constitute bullying or harassment?' Ms. Magill...[:' 'If it is directed and severe, pervasive, it is harassment.' Ms. Stefanik...: 'So the answer is yes.' Ms. Magill...[:] 'It is a context-dependent decision, congresswoman.'"

To be honest, I'm a bit worried that I may be in better shape than our democracy is. -- Normal Lear, New York Times op-ed, July 27, 2022, on his 100th birthday ~~~

~~~ Richard Sefaro & Peter Keepnews of the New York Times: "Norman Lear, the television writer and producer who introduced political and social commentary into situation comedy with 'All in the Family' and other shows, proving that it was possible to be topical as well as funny while attracting millions of viewers, died on Tuesday at his home in Los Angeles. He was 101. A spokeswoman for the family, Lara Bergthold, confirmed the death. Mr. Lear reigned at the top of the television world through the 1970s and into the early '80s, leaving a lasting mark with shows that brought the sitcom into the real world." (Also linked yesterday.)

~~~~~~~~~~

Israel/Palestine

The Washington Post's live updates of developments Thursday in the Israel/Hamas war are here: "Israel's military entered the center of Khan Younis, the largest city in the south of Gaza, in what it described as the third phase of the war after aerial and ground attacks in the north -- while Palestinians are running out of places to seek refuge. U.N. Secretary General António Guterres invoked a rarely used power of his office to press the Security Council to 'avert a humanitarian catastrophe' as he reiterated his appeal for a cease-fire.... The Biden administration said it will impose visa restrictions on people believed to have engaged in violence in the Israeli-occupied West Bank after it had called for Israel to do more to stop extremist attacks by Jewish settlers on Palestinians. Israel's security cabinet agreed Wednesday to allow a 'minimal supplement of fuel' into southern Gaza to prevent a humanitarian collapse. The move came after the U.S. State Department called on Tel Aviv to allow more aid into the Strip." ~~~

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

Times of Israel: "A markedly tense meeting was held Tuesday between a group of recently released hostages, as well as family members of those still held in Gaza, and Prime Minister Benjamin Netanyahu, as well as the other members of the war cabinet. Those who were present at the gathering in Herzliya said afterward that voices were raised and that Netanyahu did not engage directly with any of their demands, largely reading remarks off of a piece of paper, angering those present. In recordings, some attendees could be heard screaming at the prime minister to resign."

Ukraine, et al.

Congress needs to pass supplemental funding for Ukraine before they break for the holiday recess. Simple as that. Frankly, I think it's stunning that we've gotten to this point in the first place. Republicans in Congress are willing to give Putin the greatest gift he can hope for and abandon our global leadership. -- President Biden, in remarks today ~~~

~~~ Joe Biden Is Tired of Trying to Reason with You People. Peter Baker of the New York Times: "President Biden called on congressional Republicans on Wednesday to put aside 'petty, partisan, angry politics' and pass a multibillion-dollar aid package for Ukraine, warning that failure to do so could enable President Vladimir V. Putin of Russia to reclaim momentum in the war and even draw in American troops. The president said that he was willing to make 'significant compromises' on border security to satisfy Senate Republicans who have refused to support further Ukraine aid without a new crackdown on illegal immigration. But Mr. Biden complained that they have been unwilling to back off what he characterized as 'extreme' demands." (Also linked yesterday.) The AP's report is here. ~~~

     ~~~ So Then.... Karoun Demirjian of the New York Times: "Republicans on Wednesday blocked an emergency spending bill to fund the war in Ukraine, demanding strict new border restrictions in exchange and severely jeopardizing President Biden's push to replenish the war chests of American allies before the end of the year. The failed vote highlighted waning support in the United States for continuing to fund Ukraine's war effort at a perilous time in the conflict, with Kyiv's counteroffensive failing to meet its objectives and Russia's forces on the offensive. While the bill faltered over an unrelated immigration policy dispute, the resistance it has met in Congress reflects a dwindling appetite among Republicans for backing Ukraine, as polls show that Americans are losing interest in providing financial assistance.

"In the Senate, the vote to move forward on the bill was 49 to 51, short of the 60-vote threshold needed to advance.... Democrats voted unanimously in favor of advancing the measure, but Senator Bernie Sanders of Vermont, an independent who normally votes with them, joined Republicans in opposition. Mr. Sanders had argued in a letter to his colleagues that it would be 'absolutely irresponsible' to provide Israel with billions of dollars in unconditional military assistance, given the rising civilian death toll in Gaza." The NBC News story is here.

Venezuela. Genevieve Glatsky & Isayen Herrera of the New York Times: "Venezuela's top prosecutor accused several top opposition figures of treason and ordered their arrest on Wednesday, the latest blow to prospects for credible elections that the government has agreed to hold next year in exchange for the lifting of crippling U.S. economic sanctions. The attorney general, Tarek William Saab, said that opponents of the leftist government had accepted money from ExxonMobil to sabotage President Nicolás Maduro's recent referendum on annexing a large, oil-rich region in Guyana." MB: This is precisely what would happen in the USA in a second Trump presidency*. We know this because Donald Trump has said so. Have a banana.

News Lede

Washington Post: "The University of Nevada at Las Vegas became the latest scene of a multiple shooting on Wednesday when a gunman began firing on campus, killing three people and critically injuring a fourth who by evening was in stable condition. Law enforcement officials said the shooting began on the fourth floor of Beam Hall, site of UNLV's Lee Business School, and that two university police officers engaged and 'neutralized' the gunman soon after the first alert sounded. Las Vegas police announced the gunman's death a few hours later."

The Conversation -- December 6, 2023

Congress needs to pass supplemental funding for Ukraine before they break for the holiday recess. Simple as that. Frankly, I think it's stunning that we've gotten to this point in the first place. Republicans in Congress are willing to give Putin the greatest gift he can hope for and abandon our global leadership. -- President Biden, in remarks today ~~~

~~~ Joe Biden Is Tired of Trying to Reason with You People. Peter Baker of the New York Times: "President Biden called on congressional Republicans on Wednesday to put aside 'petty, partisan, angry politics' and pass a multibillion-dollar aid package for Ukraine, warning that failure to do so could enable President Vladimir V. Putin of Russia to reclaim momentum in the war and even draw in American troops. The president said that he was willing to make 'significant compromises' on border security to satisfy Senate Republicans who have refused to support further Ukraine aid without a new crackdown on illegal immigration. But Mr. Biden complained that they have been unwilling to back off what he characterized as 'extreme' demands."

Donald Judd of CNN: "President Joe Biden on Wednesday fired back against claims from House Republicans that he was involved in business dealings with his son and brother, telling reporters at the White House the GOP claims are 'a bunch of lies.'... Most, if not all, of the claims about Joe Biden's involvement with Hunter Biden's business dealings were refuted in 2019, but they gained major traction in the right-wing media ecosystem, where they are often presented as facts. There is no public evidence that the president ever abused his government powers to help his family." MB: Thank you, CNN, for accurate reporting instead of succumbing to both-siderisms.

** Kevin Breuninger of CNBC: "Former House Speaker Kevin McCarthy said Wednesday he will resign from Congress at the end of the year." McCarthy made his announcement in McCarthy said in a Wall Street Journal op-ed. MB: That's one less Republican in the House majority. Wasn't it just yesterday I speculated that My Kevin would not be long in the House? ~~~

     ~~~ Annie Karni of the New York Times: "Mr. McCarthy's imminent departure will shrink the already slim Republican majority, which went to three seats from four with the expulsion last week of Representative George Santos of New York." MB: Also, Bill Johnson (R-Ohio) will resign within the next few months.

Patrick Marley of the Washington Post: "In a legal settlement Wednesday, the 10 Republicans who signed official-looking paperwork falsely purporting Donald Trump won Wisconsin in 2020 have agreed to withdraw their inaccurate filings, acknowledge Joe Biden won the presidency and not serve as presidential electors in 2024 or in any election where Trump is on the ballot. Wednesday's civil settlement marks the first time pro-Trump electors have agreed to revoke their false filings and not repeat their actions in the next presidential election.... Documents released as part of the settlement revealed one of the Wisconsin Republicans appeared to refer to the attempt to install Trump for a second term as a 'possible steal.' That Republican expressed skepticism about the plan but told others he was going along with it in part because he feared he would face blowback from Trump supporters if he didn't.

"The lawsuit, filed last year by two of the state's rightful electors, alleged the Republicans had taken part in a conspiracy to defraud voters and sought up to $200,000 from each Trump elector. No money is being exchanged as part of the settlement. The Biden electors are continuing their lawsuit against two attorneys who assisted the Wisconsin Republicans -- Jim Troupis, a former Dane County judge who led Trump's recount efforts in the state, and Kenneth Chesebro, who advised Republicans around the country and pleaded guilty in October to conspiring to overturn Biden's win in Georgia." CNN's story is here.

Zachary Cohen, et al., of CNN: "Prosecutors in the Georgia election subversion case against ... Donald Trump have officially listed former Vice President Mike Pence as one of the witnesses who could be called to testify at trial.... Pence could become a key witness as one of the few one-time Republican allies of the former president to strongly rebuke Trump's claims of widespread voter fraud in the Peach State. 'Despite what the former president and his allies have said for now more than two and a half years and continue to insist .. the Georgia election was not stolen, and I had no right to overturn the election on January 6,' Pence said at the National Conference of State Legislatures after Trump was indicted in August."

"Accessory After the Fact." Lawrence O'Donnell reads chapter & verse of the U.S. criminal code to illuminate at least one of the crimes Speaker of the House Mike Johnson yesterday confessed to committing:

To be honest, I'm a bit worried that I may be in better shape than our democracy is. -- Normal Lear, New York Times op-ed, July 27, 2022, on his 100th birthday ~~~

~~~ Richard Sefaro & Peter Keepnews of the New York Times: "Norman Lear, the television writer and producer who introduced political and social commentary into situation comedy with 'All in the Family' and other shows, proving that it was possible to be topical as well as funny while attracting millions of viewers, died on Tuesday at his home in Los Angeles. He was 101. A spokeswoman for the family, Lara Bergthold, confirmed the death. Mr. Lear reigned at the top of the television world through the 1970s and into the early '80s, leaving a lasting mark with shows that brought the sitcom into the real world."

~~~~~~~~~~

Great Battles in Military History: The Spudsville Retreat. Catie Edmonson of the New York Times: "Senator Tommy Tuberville, Republican of Alabama, announced on Tuesday that he would lift his blockade of nearly all the military promotions he had delayed for months in protest of a Pentagon policy ensuring abortion access for service members. Mr. Tuberville said he had lifted his holds on about 440 military promotions. 'Everybody but the 10 or 11 four-stars,' he said. 'Those will continue.' The announcement came amid mounting pressure on Mr. Tuberville about his decision, announced in February, to hold up officer promotions over a new Pentagon policy that offers time off and travel reimbursement to service members seeking abortions or fertility care. His blockade, which both Republicans and Democrats on Capitol Hill had vociferously opposed, had for months disrupted the Pentagon's ability to fill its top ranks." An NPR story is here. (Also linked yesterday.) ~~~

~~~ Kate Santaliz, et al., of NBC News: "The Senate confirmed more than 400 military nominees Tuesday afternoon after Sen. Tommy Tuberville, R-Ala., announced he would drop the bulk of his holds, ending a monthslong campaign.... Hours [after Tuberville's announcement], Senate Majority Leader Chuck Schumer, D-N.Y., took to the Senate floor to confirm all 425 of those nominees unanimously, saying members of the military and their families 'can breathe a sigh of relief.' He then took aim at Tuberville for his 10-month hold, saying it risked national security while putting military families through a 'pointless and gravely damaging ordeal.' Schumer went on to warn other senators against pursuing a similar tactic in the future." ~~~

     ~~~ Brett Samuels of the Hill: "President Biden on Tuesday ripped Sen. Tommy Tuberville after the Alabama Republican ended a nearly 10-month hold on military nominations.... 'These confirmations are long overdue, and should never have been held up in the first place. Our service members are the backbone of our country and deserve to receive the pay and promotions they have earned,' Biden said in a statement. 'In the end, this was all pointless. Senator Tuberville, and the Republicans who stood with him, needlessly hurt hundreds of servicemembers and military families and threatened our national security -- all to push a partisan agenda. I hope no on forgets what he did,' Biden added. 'Those who serve this nation deserve better.'"

Yesterday's Comments feature a good discussion of principles & "principles."

Kayla Guo of the New York Times: "Vice President Kamala Harris broke the centuries-old record on Tuesday for the most tiebreaking votes cast by a vice president in the Senate, underscoring Democrats' tenuous hold on the majority and the deep polarization gripping Congress. It was the latest bit of history to be made by Ms. Harris, a former senator from California and the first woman, African American and Asian American to serve as vice president. She cast her 32nd tiebreaking vote on Tuesday, beating the previous record of 31 set nearly 200 years ago by John C. Calhoun, who was vice president from 1825 to 1832.... [Majority Leader Chuck] Schumer presented Ms. Harris with a golden gavel to commemorate the milestone after she provided the 51st vote to move ahead with confirming Judge Loren AliKhan to the U.S. District Court in Washington. Senator Joe Manchin III, Democrat of West Virginia, broke with his party and voted to block the move, leaving the chamber in a 50-50 tie and prompting Ms. Harris to step in."

** The Revolution Will Be Pixelated. Speaker Johnson Is Protecting Violent Criminals. Igor Derysh of Salon: "House Speaker Mike Johnson, R-La., drew criticism after telling reporters on Tuesday that Republicans are blurring faces in security footage from the Jan. 6 Capitol attack to protect the rioters. 'We have to blur some of the faces of persons who participated in the events of that day because we don't want them to be retaliated against and to be charged by the DOJ,' said Johnson, who played a key role in ... Donald Trump's efforts to overturn his 2020 election loss. Numerous MAGA Republicans who falsely alleged that the attack was instigated by federal agents or was largely executed by violent leftists have long called for the release of the footage, which they claim will back up their baseless conspiracy theories.... Andrew Weissmann called ... Mike Johnson's comments 'open contempt for the rule of law and a violation of oath of office.' Despite Johnson's comments, the FBI and DOJ have long had access to the video footage, though blurring people's faces could prevent civilians from reporting tips to the FBI." (Also linked yesterday.) ~~~

     ~~~ Marie: Just think how lawless this is. If you and I proactively hid the identities of violent criminals, we would likely face criminal charges for obstruction of justice. As Steve Benen of MSNBC reminds us, "At a Capitol Hill press conference last week, House Speaker Mike Johnson boasted to reporters, 'We are the rule-of-law team.' The Louisiana Republican quickly added, 'The Republican Party stands for the rule of law.'" (Normally, when you see blurred faces [or license plates or house numbers] in news footage, the images that have been blurred are of children or other innocent bystanders.) ~~~

     ~~~ Update. Johnson's Office Tries to Walk Back Obstruction Motive. Ryan Reilly of NBC News: "Johnson's spokesman suggested that the speaker was trying to keep the raw footage away from online sleuths who have helped identify hundreds of Capitol rioters and aided in the FBI's investigation. 'Faces are to be blurred from public viewing room footage to prevent all forms of retaliation against private citizens from any non-governmental actors,' Raj Shah, who worked as a deputy White House press secretary in the Trump administration and now works as deputy chief of staff for communications for Johnson, said in a statement. 'The Department of Justice already has access to raw footage from January 6, 2021.' DOJ does have that footage. But online sleuths have proven to be an extremely valuable resource in identifying Jan. 6 participants...." A Huffington Post report is here.

Anemona Hartocollis of the New York Times: "Harvard, the University of Pennsylvania and M.I.T. were hammered on Tuesday by Republican House members who claimed that the universities themselves had sown seeds of bias on campus against Jews.... Republican members of the House Committee on Education and the Workforce ... yoked rising antisemitism on college campuses to other hot-button issues that have helped animate G.O.P. politics for the last several years.... Over the course of the four-hour hearing, Republicans mentioned the influence of diversity, equity and inclusion programs, the inclusion of trans athletes, foreign funding for Middle Eastern studies, the paucity of conservative faculty and the declining percentage of Jewish students on campuses."

All Those Times Trump Incriminated Himself. Spencer Hsu & Devlin Barrett of the Washington Post: "Federal prosecutors on Tuesday accused ... Donald Trump of a long pattern of lying about elections and encouraging violence, saying he 'sent' supporters on Jan. 6, 2021 to criminally block the election results. In a new court filing, prosecutors working for special counsel Jack Smith went further than in their August indictment in attempting to tie him to that day's violence, saying they intended to introduce evidence of his other acts both before the November 2020 presidential election and subsequent alleged threats to establish his motive, intent and preparation for subverting its legitimate results." (Also linked yesterday.) ~~~

     ~~~ Brandi Buchman of Law & Crime: "... prosecutor Molly Gaston cited Trump's eerily familiar sentiment that voting machines had been rigged against Mitt Romney in 2012 when he ran against Barack Obama. The same thing occurred in 2016, Gaston wrote, when Trump 'claimed repeatedly with no basis, that there was widespread voter fraud including through public statements and tweets.'... The special counsel also indicated that they would enter evidence at trial that showed Trump's history of remarks where he 'repeatedly refused to commit to a peaceful transfer of power,' the filing states." (Also linked yesterday.) ~~~

     ~~~ Katelyn Polantz, et al., of CNN: "Special counsel Jack Smith plans to present evidence at Donald Trump's trial next year that his continued support for US Capitol rioters helps to show he intended to inspire violence on January 6, 2021, as part of a conspiracy he led to overturn the 2020 election. In a court filing made public Tuesday, prosecutors point to Trump endorsing the Proud Boys during a 2020 presidential debate, saying he would pardon January 6 rioters and playing a recording of the National Anthem from imprisoned January 6 defendants at a campaign rally. Prosecutors say the fact that Trump has financially supported -- and celebrated -- January 6 rioters establishes his motive and intent to commit federal crimes." MB: Read the filing, linked in the CNN article. It contains several examples of Trump's self-incriminating remarks. (Also linked yesterday.)

Where's Rudy? Kyle Cheney of Politico: "Ruby Freeman and Shaye Moss, two Georgia election workers who have been tormented by harassment and threats since 2020, were prepared Tuesday to confront the man they view as the chief instigator of their suffering: Rudy Giuliani. But Giuliani was a no-show at a federal court hearing in the duo's defamation lawsuit, prompting a lashing for his attorney by U.S. District Judge Beryl Howell, who had ordered Giuliani to be present. 'How could you have missed that?' Howell asked Giuliani's attorney, Joe Sibley, incredulously, when he took the blame for Giuliani's absence. 'My mistake,' Sibley replied, prompting Howell to ask whether he was 'falling on his sword' for the former mayor. Sibley insisted he wasn't but rather that he simply had misunderstood Howell's order requiring Giuliani's presence at the hearing, the final session before the civil damages case goes before a jury next week."

Elections 2024

Peter Baker of the New York Times: "President Biden suggested on Tuesday that he might have been content to serve only a single term if his predecessor..., Donald J. Trump, were not attempting to recapture the White House. At a campaign fund-raiser in the Boston area, Mr. Biden presented his decision to run for re-election as driven largely by his determination to defeat Mr. Trump a second time and prevent him from returning to power.... He later approached reporters upon his return to the White House late Tuesday night and amended his comments. Asked if he would be running if Trump were not, he said, 'I expect so, but look, he is running and I have to run.' Asked if he would drop out if Mr. Trump did, Mr. Biden replied, 'No, not now.'... After two months largely consumed by the war in the Middle East, Mr. Biden is heading back to the campaign trail this week with three fund-raisers in the Boston area on Tuesday, another one in Washington on Wednesday and a three-day trip to Nevada and California this weekend." CNN's report is here.

The GOP presidential* debate will be held tonight at 8 pm ET. The only participants will be Crisco, Haley, DeSantolini & Vivek. It's being aired by News Nation, so good luck finding it. NBC has a report here, but nothing about how to watch. The NYT has a report here that includes options to watch or listen. MB: I looked for other, non-subscription, stories with where-to-watch info, and found nothing. So sorry.

Ian Philbrick & Lyna Bentahar of the New York Times: "As he campaigns for another term in the White House, Donald Trump ... has made baldly antidemocratic statements, praising autocratic leaders like China's Xi Jinping and continuing to claim that the 2020 election was stolen.... He has threatened to use the power of the presidency against his political opponents, including President Biden and Biden's family. Trump frequently insults his opponents in personal terms, calling them 'vermin,' as well as 'thugs, horrible people, fascists, Marxists, sick people.' He has made dozens of false or misleading statements. He has advocated violence, suggesting that an Army general who clashed with him deserved the death penalty and that shoplifters should be shot. And he describes U.S. politics in apocalyptic terms, calling the 2024 election 'our final battle' and describing himself as his supporters' 'retribution.'... The Times has compiled a list of Trump's most extreme comments during the campaign so far."

Giselle Ewing of Politico: "Donald Trump said Tuesday he will not be a dictator 'except for day one' if he returns to office in 2025. In a town hall with Fox News' Sean Hannity, the former president was pressed on whether he would disavow taking retributive action against all his enemies if he reentered the Oval Office. He initially shied away from responding, but when asked a second time said he would only be a dictator on the first day of his second term. He emphasized that it would be for two specific issues. 'I want to close the border and I want to drill, drill, drill,' Trump said. 'Other than that, I am not a dictator.' The remarks may have been an attempt to defuse an issue that has bubbled up in recent weeks, with various news outlets spotlighting an authoritarian bent of Trump's proposed second-term approach." The Hill reports a few more of Trump's responses.

Jonathan Swan, et al., of the New York Times: Kash Patel, "a confidant of Donald J. Trump who is likely to serve in a senior national security role in any new Trump administration threatened on Tuesday to target journalists for prosecution if the former president regains the White House.... Patel, who served as Mr. Trump's counterterrorism adviser on the National Security Council and also as chief of staff to the acting secretary of defense, made the remarks on a podcast hosted by Stephen K. Bannon, Mr. Trump's former strategist, during a discussion about a potential second Trump presidency beginning in 2025. 'We will go out and find the conspirators, not just in government but in the media,' Mr. Patel said. 'Yes, we're going to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections -- we're going to come after you. Whether it's criminally or civilly, we'll figure that out.' He added: 'We're actually going to use the Constitution to prosecute them for crimes they said we have always been guilty of but never have.'"

A Speaker's Lot Is Not a Happy One. Sahil Kapur of NBC News: "Rep. Patrick McHenry, R-N.C., announced Tuesday that he won't seek re-election in 2024, a shocking move to many of his colleagues that will further thin the ranks of Republican institutionalists in Congress. He plans to finish out his two-year term, he said ... on X. McHenry, 48, became the chair of the powerful House Financial Services Committee at the beginning of the year. He gained national attention during his three-week stint in October as House Speaker pro tempore after Republicans ousted Rep. Kevin McCarthy, R-Calif., from the position." The Washington Post's story is here. MB: Funny how all the GOP speakers -- Newt, Hastert (okay, he landed in jail), Boehner, Ryan -- quit their jobs; rumors abound that My Kevin is about to leave Congress, too. Turns out if you hold the job merely on an interim basis for just a few weeks, it's all too much. (Also linked yesterday.)

Speaking of Newt.... Ken Meyer of Mediaite: Newt Gingrich said of Fox Monday that any House Republican who votes against an impeachment inquiry into President Biden will get a primary challenge. (Also linked yesterday.)

~~~~~~~~~~

Israel/Palestine

The Washington Post's live updates of developments Wednesday in the Israel/Hamas war are here: "Israeli forces pierced deeper into the Gaza Strip as part of a new phase of the war, a ground incursion of the enclave's south after aerial and ground attacks in the north. The Israel Defense Forces is present 'in the heart of the Khan Younis region' in southern Gaza, as well as the Jabalya and Shejaiya regions in the north, said Maj. Gen. Yaron Finkelman, who leads the IDF's southern command. Palestinians in southern Gaza -- many of whom came from the north after Israel said the south would be safer -- say they have few safe places left to flee. The Biden administration imposed visa restrictions on 'extremist settlers' from Israel, as well as Palestinians, 'involved in or meaningfully contributing to actions that undermine peace, security, and stability in the West Bank.'" ~~~

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

Loveday Morris of the Washington Post: "As Israel opens a new southern front in its war in Gaza, it is still far from achieving its stated military objective: the total destruction of the Hamas militant group that rules the enclave and spearheaded the Oct. 7 attack on southern Israel. At least 5,000 Hamas militants have been killed, according to three Israeli security officials, leaving the majority of the group's estimated 30,000-strong military wing intact.... 'I think we have reached a moment when the Israeli authorities will have to define more clearly what their final objective is,' French President Emmanuel Macron said Monday. 'The total destruction of Hamas? Does anybody think that's possible? If it's that, the war will last 10 years.'"

Jonathan Allen of NBC News: "A group of White House interns joined the growing list of administration officials applying internal pressure to President Joe Biden to call for a permanent cease-fire between Israel and Hamas, sending him a letter late Tuesday that accuses him of having 'ignored' the 'pleas of the American people.' The letter, first shared with NBC News and addressed to Biden and Vice President Kamala Harris, is supported by more than 40 interns who work in th White House and other executive branch offices, according to the text."

Ukraine, et al.

Karoun Demirjian & Marc Santora of the New York Times: "President Biden’s urgent push to replenish Ukraine's war chest and send aid to Israel is on the brink of collapse in the Senate, where Republicans are prepared on Wednesday to block the funding unless Democrats agree to add strict measures to clamp down on migration at the U.S. border with Mexico. A classified briefing with administration officials called to shore up support devolved into a partisan screaming match on Tuesday afternoon, with Republicans angrily accusing Democrats of trying to steamroller over their demands for a border crackdown. The meltdown, which took place on the eve of a critical test vote in the Senate on a $110.5 billion emergency spending bill, not only made it clear that the measure would fail, but severely dimmed the prospects for any bipartisan agreement soon. A vote to block aid would spotlight flagging U.S. resolve at a critical time in Ukraine's war against President Vladimir V. Putin's Russia." The Washington Post's report is here. CNN's report is here. ~~~

     ~~~ Marie: Republicans are not trying only to destroy American democracy; they're trying to ruin any chance for liberal democracy in the rest of the world. They're concentrating right now on Eastern Europe, where they seem intent upon allowing Putin to re-establish the Soviet Union. The pretense that they suddenly must have immigration reform & U.S. border security -- after decades of sabotaging reasonable measures -- is convenient. If not saving white people from brown people, then something else.

Washington Post: A "meeting in Brussels, less than two weeks into [Ukraine's counteroffensive] campaign, illustrates how a counteroffensive born in optimism has failed to deliver its expected punch, generating friction and second-guessing between Washington and Kyiv and raising deeper questions about Ukraine's ability to retake decisive amounts of territory. As winter approaches, and the front lines freeze into place, Ukraine's most senior military officials acknowledge that the war has reached a stalemate.... Read part two [of the report] here."

News Ledes

Here in Guns America, we had two mass shootings today:

CNN is live-updating developments in a mass shooting on the University of Nevada, Las Vegas campus: "There appear to be multiple victims following a shooting at University of Nevada, Las Vegas, police said. The suspect is dead, Las Vegas Metro Police said. Police said they were responding to reports of a shooting near Beam Hall, home of the university's Lee Business School, and shortly after added there was an 'additional report of shots fired in the Student Union.' Law enforcement is encouraging people to avoid the area."

AP: "A daylong series of attacks in Austin has left four people dead and at least three wounded, and a man believed to be connected to them and the deaths of two other people near San Antonio was taken into custody, Texas authorities said. Those who died were found in two homes in Austin and a residence east of San Antonio. The wounded, who were shot, included two police officers and a bicyclist, police said. None of the injuries were considered life-threatening. The man, who is in his 30s, was charged with capital murder, Austin Interim Police Chief Robin Henderson said at a news conference Tuesday night. His name was not immediately released."