May 2, 2023

Late Morning/Afternoon Update:

Helene Cooper & Zolan Kanno-Youngs of the New York Times: "President Biden is sending 1,500 active-duty troops to the southern U.S. border with Mexico, officials said on Tuesday, as the administration braces for a possible influx of migrants seeking to take advantage of the lifting of Covid-era restrictions on asylum. Brig. Gen. Patrick S. Ryder, a Pentagon spokesman, told reporters that the troops would fill gaps in transportation, warehouse support, narcotics detection, data entry and other areas. The Pentagon said the additional troops would be armed for self-defense but would not have a law enforcement role. They will be deployed for 90 days to supplement 2,500 National Guard troops who are already at the border."

Joe May Not Let Us Down, After All. Jim Tankersley of the New York Times: "A standoff between House Republicans and President Biden over raising the nation's borrowing limit has administration officials debating what to do if the government runs out of cash to pay its bills, including one option that previous administrations had deemed unthinkable. That option is effectively a constitutional challenge to the debt limit. Under the theory, the government would be required by the 14th Amendment to continue issuing new debt to pay bondholders, Social Security recipients, government employees and others, even if Congress fails to lift the limit before the so-called X-date. That theory rests on the 14th Amendment clause stating that 'the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.'... Top economic and legal officials at the White House, the Treasury Department and the Justice Department have made that theory a subject of intense and unresolved debate in recent months, according to several people familiar with the discussions."

Carl Hulse of the New York Times: A "45-page [bill], introduced without fanfare in January by a little-known Democrat, Representative Mark DeSaulnier of California, is part of a confidential, previously unreported, strategy Democrats have been plotting for months to quietly smooth the way for action by Congress to avert a devastating federal default if debt ceiling talks remain deadlocked.... Democrats on Tuesday ... started the process of trying to force [the] debt-limit increase bill to the floor through a so-called discharge petition that could bypass Republican leaders who have refused to raise the ceiling unless President Biden agrees to spending cuts and policy changes.... The strategy is no silver bullet, and Democrats concede it is a long shot." ~~~

     ~~~ Marie: Yes, Democrats have to engage in a conspiracy in order to save the country from Republicans' efforts to destroy it.

Lola Fadulu, et al., of the New York Times: &"During her testimony in the civil trial against ... Donald J. Trump, E. Jean Carroll told the court that she had called a friend immediately after leaving the department store where she said he had raped her in the mid-1990s. On Tuesday, that friend [-- writer Lisa Birnbach --] took the witness stand.... 'I want the world to know that she is telling the truth,' Ms. Birnbach [said]. [Birnbach related that Carroll told her about the rape in the spring of 1996.]... Jessica Leeds, a former stockbroker who said Mr. Trump assaulted her on an airplane in the late 1970s, also testified Tuesday afternoon. Ms. Carroll's attorneys called her to establish Mr. Trump's 'modus operandi,' which they said was a pattern of assaulting women." Worth reading the details.

Ann Marimow & Robert Barnes of the Washington Post: At a Senate Judiciary Committee meeting Tuesday morning, "Chairman Richard J. Durbin (D-Ill.) said a cascade of recent revelations about unreported lavish travel and real estate deals would be unacceptable for an alderman, much less ... members of the [Supreme Court]. But the court 'won't even acknowledge it's a problem,' Durbin said. 'Because the court will not act, Congress must.' Sen. Lindsey O. Graham (R-S.C.) responded that the focus on Supreme Court ethics is nothing more than an 'unseemly effort by the Democratic left' to raise questions about the legitimacy of the court as it has become more conservative.... As the hearing began, two prominent constitutional experts -- conservative former federal judge J. Michael Luttig and Harvard legal scholar Laurence Tribe -- told the committee in prepared testimony that Congress has the power to impose a code of conduct for Supreme Court justices, but cannot order the high court to come up with rules on its own.... Several ethics experts and former federal judges are expected to testify at the hearing...." ~~~

~~~ Abbie VanSickle of the New York Times: "A prominent conservative former federal judge joined a chorus of legal experts from across the political spectrum on Tuesday in calling on Congress to enact new ethical standards for Supreme Court justices, after a series of revelations about the justices' undisclosed gifts, luxury travel and property deals. The statement by Judge J. Michael Luttig, a retired appeals court judge revered by some conservatives, came as the Democratic-led Senate Judiciary Committee prepared to hold a hearing on Supreme Court ethics. Pressure has mounted among progressives for a stricter code of conduct for the justices, the nation's highest judges, who are appointed to lifetime terms and are bound by few disclosure requirements. Congress 'indisputably has the power under the Constitution' to 'enact laws prescribing the ethical standards applicable to the nonjudicial conduct and activities of the Supreme Court of the United States,' Judge Luttig said in a written statement presented to the Judiciary Committee."

Florida. Greg Sargent of the Washington Post: "When the Walt Disney Co. went looking for evidence to feature in its new lawsuit against Florida Gov. Ron DeSantis, its lawyers found much of what they needed in DeSantis's own recently published memoir.... Numerous quotes taken from 'The Courage to be Free' appear to support the company's central allegation: that the Republican governor improperly wielded state power to punish Disney's speech criticizing his policies, violating the First Amendment.... [In the book, DeSantis] boasts extensively about his war on Disney to advertise how he would marshal the powers of the presidency against so-called woke elites." ~~~

     ~~~ Marie: This is another aspect of Trumpism that DeSantis has tried to master -- and failed. Trump often boasts about his various unlawful acts, but so far he has been able to get away with it. DeSantis's boasts of his own unlawful acts may result in a court loss for him, for his Klan and for Florida taxpayers.

Heidi Przybyla of Politico: "Leonard Leo, who helped to choose judicial nominees for ... Donald Trump, obtained a historic $1.6 billion gift for his conservative legal network via an introduction through the Federalist Society, whose tax status forbids political activism. Leo first met Barre Seid, the now 91-year-old manufacturing magnate turned donor, through an introduction arranged by Eugene Meyer, the longtime director of the Federalist Society. At the time, Leo was the society's executive vice president, and he is currently its co-chair. Meyer envisioned Seid as a contributor to the society, according to a person familiar with the introduction. Instead, Leo cultivated Seid as a funder of his own dark money network. The result was a $1.6 billion gift announced last year -- which is believed to be the largest political donation ever.... Interviews with people familiar with the internal workings of the Federalist Society, including two board members, paint a picture of a symbiotic relationship in which Leo uses his connection to the vast network of scholars in the society to earn credibility with donors, who then contribute to dark money operations that engage in the kind of partisanship the society officially eschews." ~~~

     ~~~ Marie: I had no idea the Federalist Society pretended to be nonpartisan. That's laughable. But the fact that Leo is engaged in corrupt fundraising? No surprise there.

Edwin Rios of the Guardian: "The US Secret Service denied security clearance for Mohamed Khairullah, the longest-serving Muslim mayor in New Jersey, and prevented him from attending a White House Eid al-Fitr event on Monday afternoon marking the end of Ramadan. Khairullah, who was critical of the Trump administration's travel ban in 2017 that restricted entry to the United States from several predominantly Muslim countries, received the call from the Secret Service while he was en route to the White House. President Joe Biden revoked that ban in 2021.... In a statement to [NewJersey.com], United States Secret Service spokesperson Anthony Guglielmi confirmed that Khairullah was denied entry to the event on Monday night, regretting 'any inconvenience this may have caused' and noting that they were unable to 'comment further on the specific protective means and methods used to conduct our security operations at the White House'. Two days earlier, Khairullah, who has been mayor of Prospect Park, New Jersey, a small town of 6,000 people, for more than 17 years, appeared alongside the state's governor, Phil Murphy, at the gubernatorial mansion for an Eid celebration."

Trump Defects! BBC News: "... Donald Trump has said 'it is great to be home' as he arrived in Aberdeen on a visit to his Scottish golf properties. It is Mr Trump's first visit to the UK since 2019 after leaving office. He attended a ceremony to break ground on a new course at his Aberdeenshire resort, Trump International Scotland." MB: Okay, I'll admit it's unlikely Scotland would let him stay even if he tried.

Minnesota. Amanda Holpuch of the New York Times: "A former Minneapolis police officer who held back bystanders as other officers restrained George Floyd was found guilty on Monday of aiding and abetting second-degree manslaughter in Mr. Floyd's killing. Hennepin County Judge Peter Cahill said in the verdict that the former officer, Tou Thao, who had waived his right to a jury trial, 'actively encouraged his three colleagues' dangerous prone restraint of Floyd.' Mr. Thao, 37, was the last of the four officers with unresolved criminal charges in the killing of Mr. Floyd."

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~~~ Marie: Dildo Man Spotted Dick in Conception Bay Near Dick's Cove, Newfoundland. Leyland Cecco of the Guardian: "As he flew his drone over [Newfoundland's Conception Bay, Canadian photographer Ken] Pretty, who hails from the town of Dildo, realized the [iceberg] bore a distinct resemblance to a characteristic part of the male human anatomy.... Facebook ... users speculated that the iceberg would probably soon drift past Dick's Cove, Newfoundland." One Facebook user asked: "Is that where baby icebergs come from?" "A day after Pretty photographed the berg, the bulbous top collapsed." Many, many thanks to unwashed for giving us the headline of the week. (or month. or year.) ~~~

     ~~~ Marie: I suppose you think it's silly that I would put this story at the top of the page. But think about it: Chilly Willie is a singular event. You won't likely see another naturally-occurring giant blue penis. Ever. In fact, this one is already gone, lost to the mists of time and the YouTubes. The rest of the news: new instances of age-old plots: like Ishmael's "Grand Contested Election for the Presidency of the United States' and "Bloody Battle in Affghanistan." Today we have: "President meets with foreign leader"; "Republicans hold hostage world economy"; "major bank fails"; etc. So in a way, I topped the news with the Phallus Maximus for the same reason I'll be watching at least some of King Charles' coronation: it's a rare event.

Speaking of giant dicks, today is the day the Senate is holding the hearing Chief Justice John Roberts declined to attend. Give that man an empty chair at the witness table.

Katie Rogers of the New York Times: "President Biden met with President Ferdinand R. Marcos Jr. of the Philippines at the White House on Monday, a visit meant to send a message to China that the Filipino leader planned to deepen his country's relationship with the United States. Mr. Marcos's trip comes days after the U.S. and Philippine militaries held joint exercises aimed at curbing China's influence in the South China Sea and strengthening the United States' ability to defend Taiwan if China invades. The exercises were part of a rapid and intensifying effort between the two countries: In February, the Pentagon announced that the U.S. military would expand its presence in the Philippines, and this spring, four new military sites were announced." (This is an update of a story linked yesterday.)

Alan Rappeport & Jim Tankersley of the New York Times: "Treasury Secretary Janet L. Yellen said on Monday that the United States could run out of money to pay its bills by June 1 if Congress does not raise or suspend the debt limit, putting pressure on President Biden and lawmakers to reach an agreement swiftly to avoid defaulting on the nation's debt. The more precise warning over when the United States could hit the so-called X-date dramatically reduces the projected amount of time lawmakers have to reach a deal before the government runs out of money to pay all of its bills on time. The new timeline could force a flurry of negotiations between the House, Senate and White House over government spending -- or a high-stakes standoff between Mr. Biden and the House Republicans who have refused to raise the limit without deep spending cuts attached." (Also linked yesterday.) ~~~

     ~~~ Marie: Frankly, I think Biden should direct Yellen to raise the debt ceiling, whether My Kevin & his Klan go along with it or not. If Congress has approved spending beyond the debt ceiling it has approved, Congress is in effect compelling leaders of the executive branch to violate their oaths of office by failing to preserve the full faith & credit of the U.S.A. A law cannot be Constitutional, IMO, if it forbids executive branch officials from carrying out their Constitutional duties. And, okay, I'm no Laurence Tribe. Update: Oddly, it would appear President Biden is not taking my advice. Update Update: But see Robert Reich's opinion, linked below. ~~~

~~~ Unless this.     ~~~ Tony Romm, et al., of the Washington Post: "President Biden invited House Speaker Kevin McCarthy (R-Calif.) and other congressional leaders to the White House next week to discuss the debt ceiling.... Until Monday, Biden had ... refused to haggle with Republicans over an issue that poses such immense risks to the economy. But with Monday's news that default could come as soon as next month, the president set in motion a plan to hold talks on May 9, personally calling McCarthy as well as Senate Majority Leader Charles E. Schumer (D-N.Y.), Senate Minority Leader Mitch McConnell (R-Ky.) and House Minority Leader Hakeem Jeffries (D-N.Y.), according to a White House official, who spoke on the condition of anonymity to describe private conversations.... Previously, Republicans have raised the debt ceiling without issuing demands. Three times, they addressed the borrowing cap under ... Donald Trump without demanding fiscal reforms. Each time, Democrats serving in the minority also supplied their votes in a bid to avert a crisis." ~~~

     ~~~ There Is This. John Wagner of the Washington Post: "President Biden on Monday used a White House event celebrating small-business owners -- typically a constituency embraced by Republicans -- to call on the GOP-led House to back off its insistence that raising the nation's debt ceiling be conditioned on steep spending cuts and rolling back several of Biden's priorities. Speaking in the Rose Garden, Biden said lawmakers need to protect the economy by raising the debt limit without what he characterized as 'reckless hostage taking' by House Speaker Kevin McCarthy (R-Calif.) and his allies. Biden argued the consequences would be dire -- including for small-business owners -- if the spending cuts required by the bill that narrowly passed the House last week ever materialized." ~~~

     ~~~ Then This. Adam Cancryn of Politico: "Administration officials on Monday insisted that [President] Biden has no plans to drop his demand for a clean debt ceiling increase, even after Treasury Secretary Janet Yellen's warning that Congress may only have until June 1 to avert a disastrous default.... House Speaker Kevin McCarthy similarly dug in.... The White House has nevertheless insisted that time -- and politics -- are on its side." ~~~

     ~~~ Robert Reich in a Substack essay: "My advice to Joe Biden: Ignore McCarthy and the Republican radicals. Mr. President, your oath to uphold the Constitution takes precedence. As the supreme law of the land, the Constitution has greater weight than the debt ceiling. Section 4 of the Fourteenth Amendment to the Constitution states that 'The validity of the public debt of the United States ... shall not be questioned.' A debt ceiling that prevents the federal government from honoring its existing financial commitments violates the Constitution" (MB: I'll admit I didn't remember that 14th Amendment clause. So the case for ignoring the hostage-takers is way better than I knew.)

Maureen Farrell, et al., of the New York Times: "Lawmakers and regulators have spent years erecting laws and rules meant to limit the power and size of the largest U.S. banks. But those efforts were cast aside in a frantic late-night effort by government officials to contain a banking crisis by seizing and selling First Republic Bank to the country's biggest bank, JPMorgan Chase.At about 1 a.m Monday, hours after the Federal Deposit Insurance Corporation had been expected to announce a buyer for the troubled regional lender, government officials informed JPMorgan executives that they had won the right to take over First Republic and the accounts of its well-heeled customers.... For [JPMorgan CEO Jamie] Dimon, it was a reprise of his role in the 2008 financial crisis when JPMorgan acquired Bear Stearns and Washington Mutual at the behest of federal regulators." ~~~

     ~~~ Marie: Ooh, Jamie, our hero. Oh, wait: “JPMorgan said on Monday that it expected the deal to raise its profits this year by $500 million.”

Kevin Goes to Israel to Mess with U.S. Foreign Policy. Patrick Kingsley & Karoun Demirjian of the New York Times: "Speaker Kevin McCarthy offered on Monday to host Prime Minister Benjamin Netanyahu for high-level bipartisan meetings in Congress -- issuing an implicit challenge to President Biden, who has refrained from welcoming the Israeli leader to the White House in a protest against his domestic agenda. The offer fell short of a formal invitation, but the comments were a break with diplomatic custom and tradition, and reminiscent of a similar move by congressional Republicans during the Obama administration when tensions in the U.S.-Israeli alliance were similarly fraught."

Jennifer Bendery of the Huffington Post: "Senate Democrats have been demanding congressional action in response to last month's bombshell report about Supreme Court Justice Clarence Thomas failing to disclose hundreds of thousands of dollars in luxury gifts from a GOP megadonor.... That's a stark contrast to Republicans, who have almost unanimously retreated into silence or scoffed at the idea that Congress should do anything to serve as a check on justices' behavior. There's only one GOP senator backing any ethics reforms to the court: Lisa Murkowski of Alaska introduced a bill with Sen. Angus King (I-Maine) that would require the justices to create a code of conduct for themselves and make it public on the court's website. In other words, the bare minimum."

Kate Shaw of the New York Times & Julie Suk in a NYT op-ed: "The fight for the [Equal Rights Amendment] remains critical -- with Roe v. Wade now toppled, it is in fact more critical than ever.... In the hands of the current Supreme Court, the existing Constitution's equality guarantees do far too little to protect women.... The E.R.A. was first introduced in 1923, and in 1972 Congress adopted it by well over the constitutionally required two-thirds supermajorities. It looked to be sailing to ratification, for which the Constitution requires approval by three-quarters of the states. But progress ground to a halt in the late 1970s, just three states short, after a conservative movement led by Phyllis Schlafly ignited fear of an America without patriarchy.... Donald Trump's misogyny helped galvanize a renewed push for the E.R.A., with Nevada ratifying in 2017, Illinois in 2018 and Virginia in 2020, which brought the total to 38 -- the number necessary to ratify an amendment." Congress set a deadline for ratification, plus some states among the 38 rescinded their ratifications. "The debate today is over who decides how to treat both deadlines and rescissions." ~~~

     ~~~ Marie: I had forgotten about the rescissions. I do think they're problematic, despite Shaw & Suk's argument that the Constitution dictates that Congress can control -- and has in the past controlled -- the ratification process. We can't expect this bunch of Supremes to follow this particular precedent.

Lola Fadulu, et al., of the New York Times: "The writer E. Jean Carroll's case accusing Donald J. Trump of raping her in a department-store dressing room continues Monday in Federal District Court in Manhattan.... Mr. Trump's lawyers on Monday filed an unsuccessful motion for a mistrial, arguing that the court had made 'pervasive unfair and prejudicial rulings.'" (Also linked yesterday.) ~~~

     ~~~ The Washington Post liveblogged developments Monday in the trial and provides some details of Joe Tacopina's cross-examination of E. Jean Carroll. (Also linked yesterday.) ~~~

     ~~~ Marcy Wheeler: Trump lawyer Joe Tacopina questioned E. Jean Carroll on the stand over a book she wrote wherein she facetiously proposes to dispose of all men. Tacopina didn't understand that Carroll's "proposal" was a reference to Jonathan Swift's famous satirical essay "A Modest Proposal" in which Swift suggests mitigating Irish poverty by eating Irish children. Then Tacopina got mad because Judge Lewis Kaplan recognized the literary reference (which has come up in other court cases) for what it was. "Ultimately this comes off as Tacopina -- and by extension, Trump -- whining that he's not in on the joke, whining that there's some kind of elite culture that Carroll and Kaplan share that grab-them-by-the-pussy types can't be expected to adhere to." ~~~

     ~~~ Marie: To be fair to Tacopina, I believe what confused him was that Carroll's satirical proposal was so similar to Ron DeSantis's and Greg Abbott's actual problem-solving measures. Carroll's means of disposing of men was to send them all to Montana and retrain them. This is very much like DeSantis & Abbott's mitigating a large migrant influx by transporting migrants to Martha's Vineyard and Chicago. You may say to yourself, "Why, DeSantis and Abbott are as cruel as Swift's hypothetical baby-eaters!" Yes, yes they are.

~~~ Jonah Bromwich & William Rashbaum of the New York Times: "Lawyers for Donald J. Trump on Monday pushed back against an effort by the Manhattan district attorney's office to limit the former president's ability to publicly discuss evidence in the criminal case against him. The district attorney's office last week asked the judge in the case to restrict Mr. Trump's access to some case material. The office requested that the former president be barred from reviewing the material without his lawyers present, and more broadly from publicizing the prosecution's evidence on social media or through other channels. In a court filing, Mr. Trump's lawyers called the prosecutors' request 'extreme.'" ~~~

     ~~~ Marie: I find the requested restrictions just as appropriate as an order to muzzle or isolate a defendant who repeatedly shouts out during his trial. For extreme behavior, extreme remedies. Oh, and lookie how Trump's lawyers are using his very convenient presidential* candidacy to help their case: in their filing they write, "President Trump is the leading Republican candidate for president of the United States. To state the obvious, there will continue to be significant public commentary about this case and his candidacy, to which he has a right and a need to respond, both for his own sake and for the benefit of the voting public."

Marshall Cohen of CNN: "President Joe Biden's son, Hunter Biden, will need to sit for a sworn deposition and answer additional written questions about his investments, art sales and other financial transactions as part of a paternity-related case, an Arkansas judge said Monday. At an extraordinary two-hour court hearing with all parties in attendance, Hunter Biden's attorney Abbe Lowell revealed that his client is paying $20,000 in monthly child support, and has given $750,000 in total to Lunden Roberts, an Arkansas woman who is the mother of their four-year-old daughter. Lowell told the judge he wanted to refute recent tabloid articles that called Hunter Biden a 'deadbeat dad' and that he wanted to 'let the world know' that 'he is paying what is agreed to.' Independence County Circuit Court Judge Holly Meyer also chided Hunter Biden's lawyers for hiding information that should be public, and ordered them to re-submit their filings without redactions. She made the comments during a two-hour hearing that Hunter Biden personally attended.... The hearing was convened after Hunter Biden asked to reduce the monthly payments."

Glenn Thrush of the New York Times: "Federal, state and local law enforcement agencies around the country, especially corrections departments, are struggling to hire and retain employees at all levels, as higher-paying, less demanding jobs draw away people facing rising housing, food and transportation costs. Nowhere has that been more of a problem than at the chronically troubled Bureau of Prisons, with about 160,000 inmates at 122 prisons and camps -- employing a work force of about 34,000 people who often earn less than state and county corrections workers.... About 21 percent of the 20,446 positions for corrections officers funded by Congress -- 4,293 guards -- remain unfilled as of September.... [In some cases,] teachers, case managers, counselors, facilities workers and even secretaries ... have been enlisted to serve as corrections officers, despite having only basic security training." MB: Somewhere in a federal pen today, an inmate may discover that the guard was his 7th-grade shop teacher. Awkward reunion to ensue.

Grace Moon of the Washington Post: "More than 11,000 unionized television and movie writers will go on strike starting Tuesday in a move that could bring Hollywood studios and networks to a halt.... The decision to carry out the first industry-wide strike in 15 years ends months of negotiations between the [Writers Guild of America] and the Alliance of Motion Picture and Television Producers, which represents Hollywood production companies."

Jeremy Peters of the New York Times: "The New York Times and a consortium of media organizations are asking a judge to rule whether Fox News improperly redacted portions of texts and email exchanges that were introduced as evidence in Dominion Voting Systems' defamation lawsuit against the network. Dominion and Fox settled the case last month for $787.5 million, in what is believed to be the largest out-of-court payout in a defamation case. But left unaddressed was a legal challenge filed by The Times in January that sought to unseal some of what Fox and Dominion had marked as confidential in their legal filings."

Presidential Race 2024. Jamelle Bouie of the New York Times: "... the Republican Party has gotten weird.... Republican politicians -- from presidential contenders to anonymous state legislators -- are monomaniacally focused on banning books, fighting 'wokeness' and harassing transgender people. Some Republicans are even still denying the legitimacy of the 2020 presidential election.... Not only do Americans not care about the various Republican obsessions ... but a large majority say that those obsessions have gone too far.... Taken together, it's as if the Republican Party has committed itself to being as off-putting as possible to as many Americans as possible.... The current state of the Republican Party only strengthens [Joe Biden's] most important political asset -- his normalcy." ~~~

~~~ Presidential* Race 2024. This Is Disgusting: CNN to Begin Sponsoring Trump Again. CNN : "... Donald Trump will participate in a CNN presidential town hall next week in New Hampshire, the network announced Monday. 'CNN This Morning' anchor Kaitlan Collins will moderate the event at St. Anselm College, which will air at 9 p.m. ET on May 10 and will feature the former president taking questions from New Hampshire Republicans and undeclared voters who plan to vote in the 2024 GOP presidential primary. This will be Trump's first appearance on CNN since the 2016 presidential campaign." ~~~

     ~~~ Yes, CNN Solicited Trump. Alex Isenstadt of Politico: "The former president and his staff ... have been in talks with sit-downs with several other notable outlets, including NBC. He has also invited an array of reporters from mainstream outlets to fly with him on his plane to and from campaign events.... But the decision to participate in the town hall is also an implicit rebuke of Fox News.... A person familiar with the discussions said CNN approached the Trump campaign several months ago, and talks between the two sides continued on until Monday, when the plans were locked down." ~~~

     ~~~ Everything's Going Very Smoothly with NBC. Gideon Rubin of the Raw Story: "... Donald Trump during a press gaggle aboard his plane after his Waco, Texas rally in March blew up at NBC News reporter Vaughn Hillyard, according audio obtained by Vanity Fair.... Hillyard was questioning Trump over his Truth Social posts in which the former president had warned of 'potential death and destruction' if he was indicted, and when Hillyard asked Trump for his version of events the former president said. 'I don't want to talk to you.'... [After Hillyard tried to ask several more questions,] Trump lost it. 'Alright, let's go, get him out of here,' Trump said. 'Outta here. Outta here.'" Trump then slammed Hillyard's phones onto a seat.

     ~~~ David Moye of the Huffington Post: "After the event was announced, Twitter users condemned CNN for giving the mendacious former Trump a free, nationwide forum." Moye republishes numerous tweets.

The Pandemic, Ctd. Michael Shear & Noah Weiland of the New York Times: "The Biden administration will end most federal Covid-19 vaccine requirements next week, rolling back a vast assertion of government power that helped bring an end to the worst public health threat in 100 years but roiled American politics in the process."

Beyond the Beltway

Florida. Tim Craig of the Washington Post: "Gov. Ron DeSantis (R) expanded Florida's death penalty law on Monday, signing a measure making it a capital crime to rape a child under the age of 12, a law that could set up a future U.S. Supreme Court case. Vowing Florida 'stands for the protection of children,' DeSantis signed the law during a campaign-style event in Titusville, touting his record on issues involving 'law and order.' The measure, which overwhelmingly passed the Florida legislature last month with bipartisan support, gives state prosecutors the option of seeking the death penalty if an adult is found guilty of the sexual battery of a child. The law will still go into effect even though it is unconstitutional. In 2008, the U.S. Supreme Court issued a 5 to 4 decision that struck down a Louisiana law that allowed a child rapist to be sentenced to death, barring states from executing child sex predators unless they also murdered their victims." ~~~

     ~~~ Marie: Ron isn't worried. He thinks this Supreme Court will reverse the 2008 decision. And I expect Ron is correct.

Florida. "Have You Left no Sense of Decency?" Lori Rozsa of the Washington Post: "One by one, many of the initial 20 arrests announced by [Florida's] Office of Election Crimes and Security have stumbled in court. Six cases have been dismissed. Five other defendants accepted plea deals that resulted in no jail time. Only one case has gone to trial, resulting in a split verdict. The others are pending. In its first nine months, the new unit made just four other arrests.... Nonetheless..., [Gov. Ron] DeSantis is moving to give the office more teeth, asking the legislature to nearly triple the division's annual budget from $1.2 million to $3.1 million.... [He also] pushed through a bill [making sure a state prosecutor had jurisdiction over the cases].... Defense attorneys say DeSantis is using the statewide prosecutor's office to circumvent the role of local prosecutors, who have declined to pursue such cases." Nope, no sense of decency. (Also linked yesterday.)

Montana. Jacey Fortin of the New York Times: "A state representative in Montana asked a court on Monday to allow her to return to the House floor for the rest of the state's legislative session, arguing that her First Amendment rights had been violated after an escalating standoff over her remarks on transgender issues. Representative Zooey Zephyr, a Democrat from Missoula, was barred last week from participating in deliberations in the House chamber after she made impassioned comments in opposition to a ban on hormone treatments and surgical care for transgender minors. The bill, which passed, has since been signed by Gov. Greg Gianforte, a Republican. MB: And bully. ~~~

"Montana is one of several states where Republican lawmakers have sought this year to prohibit hormone treatments and surgical care for transgender minors.... Republican legislators have characterized transition care as harmful and experimental.... But major medical organizations, including the American Academy of Pediatrics, support this care and say that bans pose serious mental health risks to young people. The increase in state legislation is also part of a long-term campaign by national conservative organizations that see transgender rights as an issue around which they can harness some voters' anger, and raise money." MB: It is refreshing to see a straight news NYT story make clear that this type of legislation is self-serving bull.

Marie: On the day reports emerged of the mass shooting in Cleveland, Texas, Forrest M. opined there would be no "thoughts and prayers" because the victims weren't straight, white & mostly male. Well, Forrest, Governor Greg has not let you down: ~~~

~~~ Texas. Philip Bump of the Washington Post: "On Friday night, a man living in a small town north of Houston allegedly responded to a request from his neighbor to stop firing his rifle by shooting and killing five people in his neighbor's house, including a 9-year-old boy.... On Twitter, [Gov. Greg] Abbott announced a reward for his capture -- including identifying both [the shooter] and the five victims as undocumented immigrants. For what it's worth, that last point appears not to be true. Diana Velasquez Alvarado, 21, seems to have been a legal permanent resident of the country. If the slain boy was born in the United States, he would be a citizen; if not, he would have fallen into the group of minor immigrants that has been long segmented out of discussions about illegal immigration.... The point is that Abbott and his team decided to highlight the immigration status of five people killed in a mass killing.... Had all parties involved been U.S. citizens, that would not have been mentioned by Abbott at all." (Also linked yesterday.) ~~~

     ~~~ Arelis Hernández & Emily Wax-Thibodeaux of the Washington Post: "Texas Gov. Greg Abbott’s decision to identify five mass killing victims as 'illegal immigrants' is part of a political evolution for the once-judicious Republican who has escalated his rhetoric to match the rightward moves of the Republican Party. Abbott's comments -- for which his office had to apologize Monday because they were inaccurate -- drew a torrent of outrage, but with Texas Republicans firmly in control of the state, his opponents have had few options to hold him accountable.... When speaking about immigration, he has consistently heightened 'invasion' rhetoric and challenged constitutional norms around immigration, tying migrants to lawlessness and busing them across the country to drop them in Democratic areas." Politico's story is here.

Washington State. Reid Epstein of the New York Times: "Gov. Jay Inslee of Washington State, the nation's longest-serving current governor and one of the Democratic Party's leading climate defenders, will not seek a fourth term in office next year, he announced on Monday. 'Serving the people as governor of Washington State has been my greatest honor,' he said. 'During a decade of dynamic change, we've made Washington a beacon for progress for the nation. I'm ready to pass the torch.' Mr. Inslee, 72, who before becoming governor was elected to Congress eight times, ran for his party's 2020 presidential nomination on a platform of sharply reducing the country's reliance on fossil fuels."

Way Beyond

Sudan. Ruth Maclean of the New York Times: "Thousands of people have descended on a port city in eastern Sudan in recent days, fleeing the violence in the capital and trying to secure their escape aboard vessels heading over the Red Sea to Saudi Arabia. The coastal city of Port Sudan -- the country's biggest seaport -- has been transformed into a hub for displaced people with people stringing together makeshift tents, packing an amusement park for shelter and waiting for help in three-digit heat. The conflict that erupted on April 15 between the Sudanese Army and the Rapid Support Forces, a paramilitary group, has killed more than 500 civilians, according to the World Health Organization, and has thrust Africa's third-largest nation into chaos, with many people displaced but unsure of how to escape the violence. The true number of casualties is likely much higher." (Also linked yesterday.)

Ukraine, et al. The New York Times' live updates of developments Tuesday in Russia's war on Ukraine are here. ~~~

     ~~~ The Washington Post's live briefings for Tuesday are here: "More than 20,000 Russian troops have been killed and 80,000 have been wounded in Ukraine since December, the U.S. National Security Council said. The numbers are based on 'intelligence that we were able to corroborate over a period of some time,' said NSC spokesman John Kirby. He declined to discuss Ukrainian casualties.... Of the 20,000 Russians killed, half belonged to the Kremlin-backed Wagner mercenary group involved in the heavy fighting in Bakhmut, U.S. officials said. Many Wagner fighters are ex-convicts who did not receive sufficient military training, U.S. officials have said.... New Zealand's new prime minister had his first phone call with [President] Zelensky since becoming leader. Prime Minister Chris Hipkins, who is visiting the United Kingdom to attend King Charles III's coronation, will shake hands with New Zealand troops who are helping to train Ukrainian forces in Britain."

News Ledes

CNN: "The man accused of fatally shooting five people, including a 9-year-old boy, in a Texas home has been taken into custody after a dayslong manhunt, two law enforcement sources told CNN." This is a breaking news story at 8:45 pm ET. ~~~

     ~~~ The report has been expanded: "The suspect, Francisco Oropesa, was found in a house [in Conroe, Texas,] just miles from the home in Cleveland, Texas, where the killings took place, the San Jacinto County Sheriff's Office said. Oropesa -- who is a Mexican national -- was 'caught hiding in a closet underneath some laundry,' Sheriff Greg Capers told reporters during a Tuesday night press conference.... The suspect will be held on five counts of murder with bond set at $5 million, the sheriff said."

AP: "Authorities searching a rural Oklahoma property for two missing teenagers discovered the bodies of seven people Monday, including the suspected remains of the teens and a convicted sex offender who was sought along with them, the local sheriff said. Okmulgee County Sheriff Eddy Rice said the state medical examiner will have to confirm the identities of the victims, but 'we believe that we have found the persons.' He said the bodies were believed to include those of 14-year-old Ivy Webster and 16-year-old Brittany Brewer, along with Jesse McFadden, the felon authorities had said the teens were traveling with.... [Rice] declined to provide details of how they died or other details. The bodies were found during a search near the town of Henryetta, a town of about 6,000 located about 90 miles (145 kilometers) east of Oklahoma City, Oklahoma State Bureau of Investigation spokesman Gerald Davidson said."

Comments

[Akhilleus]

It is both funny and sad that Trump, a barely literate caveman, should hire a lawyer equally ill equipped to command a literary allusion to one of the most famous pieces of satire in the English language. This isn’t a reference to an obscure bit of literary ephemera penned by some long forgotten pedant familiar today only to post doc students and Rev. Casuabon-like professors (sorry, another allusion there). Swift is an important and well known figure in the Western Canon (I’d say a Brobdignagian character, but…).

My kid can easily command a reference like “Lilliputian” because we read “Gulliver’s Travels” (another famous satire) together, but Tacopina, and no doubt Trump, get pissy when their ignorance of such common tropes exposes them to titters from the gallery. Perhaps another Swift coinage from that book would describe them better:

Yahoos. Dull, crude creatures.

In fact it occurs to me now that a major point of contention in GT is the problem of how to crack an egg, competing techniques for which become a cause for war. Reminds me of, hmmm…the conniption over green M&Ms? Now THAT’S Lilliputian.

No wonder the right hates books and education.

[Akhilleus]

Even sadder is the fact that Trump’s caveman lawyer believes that exposing his ignorance, even in the most casual, offhand manner, by way of clarifying for him something the vast majority of educated people wouldn’t miss, is cause for a mistrial or a reversal on appeal.

Welcome to Trump World. It doesn’t matter how stupid I am. If you point it out, you’re at fault and I win!

[Marie Burns]

@Akhilleus: I think I hadda read "A Modest Proposal" in seventh grade. (Schools were not as concerned back then with grossing out the kiddies, though it's possible the version we read had been bowdlerized.) In fairness to Tacopina, I'm sure our English teacher told us in advance, "Now, class, we are going to read an example of satire," whereupon she went on to point out the elements of satire and how we should look for them in the essay.

I don't blame Tacopina as much for not recognizing Swift's satirical essay as I do his whining that the judge was so unfa-a-a-a-ir to clarify a point that probably was not any more obvious to some members of the jury than it was to Jumpin' Joe.

Just like I hadda look up "NFT" the other day because I couldn't remember what it meant. It never occurred to me to fault Roy Wood Jr. for my ignorance. (And as one teevee news anchor [I forget who] said on-air, "Now I'll never forget what an 'NFT' is!" Maybe I won't, either.)

[P.D.Pepe]

AK: Yes, to all that and sweet justice–-that ignorant bluster of wind who masquerades as a lawyer was put down in full view. As for the education of the Humanities––-which I understand are in short supply in some colleges–--further exemplifies the rush to brush off these hoidy toidy bookish stuff for careers that make money. We lose our souls but gain much power? Is that a question even asked?

"The discovery that all is not what it seems to be is often the first step in the making of a writer." Pound

The picture of LBJ towering above a republican congress critter always came with the caption: "I've got your pecker in my pocket." Whether Biden could do the same––-he's tall enough–-but if it's Kevin's pecker it might just fit in Joe's fist with room enough to lead the first punch.

[Forrest Morris]

All you lucky duckies on the East Coast will have a chance to
mingle with the former president* May 10th at St. Anselm College
in Manchester N.H. at 9:00 P.M.
I can't make it since 9:00 P.M. is my bedtime unless I'm out
partying with Betsy.
Wonder how many NFTs they"ll require to attend.

[Bobby Lee]

You folks are lucky. I remembered what NFT meant, but had to hunt up the meaning of fungible. I wondered if it had something to do with fungus.

[Ken Winkes]

Lindsay has it right: The SCOTUS has become more conservative--and that's precisely the problem.

As "conservative" has come to mean power hungry, money worshiping, morally bankrupt and shamelessly corrupt, the Court's conservative members only reflect and practice the new Conservatism, a political coalition which wholly eschews common notions of ethics.

In fact, conservatives do have an ethic. But if ethics are defined as "moral principles" they skip the first word.

[Jeanne]

Yesterday someone typo-ed a comment at Charlie's column and wrote "Conswervative..." indicating to me that there are no solid beliefs or standards in the "conservative" kit bag. Anything goes, and changes occur with the tides. The only standard seems to be that money rule$ everything.

In this era when no one with any sense of ethics or morals wants to have anything to do with Floriduh or Texass or Fox or Newsmax or what's the other one that outfoxes Fox...? Now we can add CNN to the list.

[Akhilleus]

The US Star Chamber, formerly known as the Supreme Court

Back in the 16th and 17th centuries, a high court known as the Star Chamber (due to the stars painted on the room’s ceiling), became the most powerful and most feared “legal” body in England.

What started out as an honest, efficient, and much respected body became, as its judges sought to curry political support from various kings, a weapon of terror and suppression, going after enemies real or perceived with no controls, passing its judgements often in secret behind closed doors. It was used by the ruling factions, the Tudors and then the Stuarts, to attack, imprison, and generally intimidate those seen as dissenters to their power and that of the kings, especially Henry VIII and Charles I, they served.

There was no ethics code, no precedence they couldn’t or wouldn’t strike down with little or no explanation.

In fact it sounds very much like Roberts Court.

Let’s see…every one of the current Rs on the Court lied during their confirmation hearings, stating that they weren’t out to kill Roe and that it was the law of the land. Thomas flat out perjured himself in his hearing. The other known sexual abuser on the Court lied at his hearing as well and was abetted by the FBI which worked to cover up his past bad acts and bury a slew of witness testimonies as to his stunning unsuitability for the high court. Alito and Thomas have enjoyed the company of rich donors who had ideological positions they wanted represented by the justices. Gorsuch sold a property that had languished for some time, sold it days after being confirmed. Big surprise. John Roberts’ wife makes millions headhunting for law firms with business before the her husband’s court. Barrett is an out and out theocrat who has stated that her religious beliefs take precedence over the law.

They often operate in the dark, through shadow dockets which allow them to make decisions in secret with no public debate. And their decisions, while nearly always favorable to one party, also hurt millions of Americans who don’t agree with their positions,

Our very own Star Chamber.

Oh, and how’s this for irony. The abuses of that original Star Chamber were addressed in our Constitution, notably the right of a defendant against self-incrimination.

Like refusing to answer questions about gigantic ethical violations that bloom like poison algae all around that court.