Last Call For The No-Longer PharmaBro

Cartoon villain Big Pharma executive and federal convict Martin Shkreli received his final comeuppance today as a judge ruled that not only must he repay more than $60 million in profits that his company illegally reaped, but that he's also banned from the pharmaceutical industry for life.

Martin Shkreli must return $64.6 million in profits he and his former company reaped from jacking up the price and monopolizing the market for a lifesaving drug, a federal judge ruled Friday while also barring the provocative, imprisoned ex-CEO from the pharmaceutical industry for the rest of his life.

U.S. District Judge Denise Cote’s ruling came several weeks after a seven-day bench trial in December that featured recordings of conversations that Cote said showed Shkreli continuing to exert control over the company, Vyera Pharmaceuticals LLC, from behind bars and discussing ways to thwart generic versions of its lucrative drug, Daraprim.

“Shkreli was no side player in, or a ‘remote, unrelated’ beneficiary of Vyera’s scheme,” Cote wrote in a 135-page opinion. “He was the mastermind of its illegal conduct and the person principally responsible for it throughout the years.”

The Federal Trade Commission and seven states brought the case in 2020 against the man known in the media as “Pharma Bro,” about two years after he was sentenced to prison in an unrelated securities fraud scheme.

“‘Envy, greed, lust, and hate,’ don’t just ‘separate,’ but they obviously motivated Mr. Shkreli and his partner to illegally jack up the price of a life-saving drug as Americans’ lives hung in the balance,” New York Attorney General Letitia James said, peppering the written statement with references to the Wu-Tang Clan, whose one-of-a-kind album Shkreli had to fork over to satisfy court debt.

“But Americans can rest easy because Martin Shkreli is a pharma bro no more.”

Messages seeking comment were left with Shkreli’s lawyers.

Shkreli was CEO of Turing Pharmaceuticals — later Vyera — when it raised the price of Daraprim from $13.50 to $750 per pill after obtaining exclusive rights to the decades-old drug in 2015. It treats a rare parasitic disease that strikes pregnant women, cancer patients and AIDS patients.

Shkreli defended the decision as capitalism at work and said insurance and other programs ensured that people who need Daraprim would ultimately get it.

But the move sparked outrage from the medical community to Congress and was a rare source of bipartisan agreement on the 2016 presidential campaign trail, where Democrat Hillary Clinton called it price-gouging and future President Donald Trump, a Republican, called Shkreli “a spoiled brat.”

Shkreli eventually offered hospitals half off — still amounting to a 2,500% increase. But patients normally take most of the weekslong treatment after returning home, so they and their insurers still faced the $750-a-pill price.

Shkreli resigned as Turing’s CEO in 2015, a day after he was arrested on securities fraud charges related to two failed hedge funds he ran before getting into the pharmaceutical industry. He was convicted of lying to investors and cheating them out of millions and is serving a seven-year sentence at a federal prison in Allenwood, Pennsylvania, and is due to be released in November.

 

Don't worry about Martin, I'm sure when he gets out of prison in November that he'll already have a plan to scam tens of millions from Americans, and I can almost guarantee you that the scam will involve the words "blockchain" and "fungible".

Sure is something that even Trump thought this guy was a scumbag, and that's because in Trump's eyes, he was dumb enough to get caught.

Ukraine In The Membrane, Con't

I mean, it was obvious that Russian President Vladimir Putin was cooking up a false flag operation to invade Ukraine, and that the Biden administration and NATO clearly knew this, but it's another thing entirely to just up and tell everybody about the damn plan.

The US has information that indicates Russia has prepositioned a group of operatives to conduct a false-flag operation in eastern Ukraine, a US official told CNN on Friday, in an attempt to create a pretext for an invasion. 

The official said the US has evidence that the operatives are trained in urban warfare and in using explosives to carry out acts of sabotage against Russia's own proxy forces. 

The allegation echoes a statement released by Ukraine's Ministry of Defense on Friday, which said that Russian special services are preparing provocations against Russian forces in an attempt to frame Ukraine. National Security Adviser Jake Sullivan hinted at the intelligence during a briefing with reporters on Thursday. 

"Our intelligence community has developed information, which has now been downgraded, that Russia is laying the groundwork to have the option of fabricating the pretext for an invasion," Sullivan said on Thursday. "We saw this playbook in 2014. They are preparing this playbook again and we will have, the administration will have, further details on what we see as this potential laying of the pretext to share with the press over the course of the next 24 hours." 

The Ukrainian Defense Ministry said in a statement on Friday that "the military units of the aggressor country and its satellites receive orders to prepare for such provocations." 

The US intelligence finding comes after a week's worth of diplomatic meetings between Russian and Western officials over Russia's amassing of tens of thousands of troops along Ukraine's border. But the talks failed to achieve any breakthroughs, as Russia would not commit to de-escalating and American and NATO officials said Moscow's demands -- including that NATO never admit Ukraine into the alliance -- were non-starters. 

The US official said that the Biden administration believes Russia could be preparing for an invasion into Ukraine "that may result in widespread human rights violations and war crimes should diplomacy fail to meet their objectives."

 

Somewhere Putin is screaming at someone saying "You can't just tell people the truth like that, that's not how this works!" 

But hey, popping his balloon before it sets sail seems like a good way to prevent conflict, yes?

 

The Big Lie, Con't

As I've said several times before in The Big Lie series of posts, the entire point of GOP election lies is to weaken Democratic candidate wins and paint them as cheaters, fraudsters, and crooks in order to justify invalidating those wins and giving the offices to Republicans. In Florida a special election this week for the late Rep Alcee Hastings' seat was won overwhelmingly by Democratic candidate Sheila Cherfilus-McCormick. Her Republican challenger, Avowed racist Confederacy fan Jason Mariner, is now refusing to concede his 60-point loss and is demanding an investigation into "election fraud".

It didn't generate much in the way of national attention, but there was a congressional election this week. In Florida's 20th congressional district, voters elected Democrat Sheila Cherfilus-McCormick to succeed the late Rep. Alcee Hastings, who died in April 2021.

It was not expected to be a competitive contest — Democrats heavily outnumber Republicans in this South Florida district — and it wasn't. President Joe Biden won Florida's 20th with 77 percent support, and Cherfilus-McCormick won the special election with 79 percent support.

But as the CBS affiliate in Miami reported, the unusual part of this story was the response to the outcome from the representative-elect's Republican rival, who hedged on conceding the race.

Now they called the race, I did not win, so they say, but that does not mean that they lost either, it does not mean that we lost," said Republican Jason Mariner. Several hours before the polls even closed, Mariner filed a lawsuit alleging there is a problem with the ballots in Palm Beach and Broward Counties.

The defeated GOP candidate, who didn't quite reach 20 percent of the vote, added, "[W]e'll also have some stuff coming out that we've recently discovered."

Time will tell what's included amidst the "stuff," and Cherfilus-McCormick will be sworn in whether Mariner concedes or not, but the larger concern is that such responses will become common in Republican politics.

Donald Trump, of course, stands out as the biggest sore loser in American history — he went to breathtaking lengths to overturn the will of his own country's voters — but as regular readers may recall, he wasn't alone.

In the state of Washington, for example, the Republican who badly lost the state's gubernatorial race refused to concede, pushed bogus voter fraud claims, and "attempted to sow doubts about the election results" — despite losing by more than 545,000 votes.

 

Expect more races to be challenged like this.

 

Even worse, expect races like this to be overturned and awarded to the Republican.

 

Even far worse, expect people to simply accept the overturning as needful and just.

 

"Any Democrat win is illegitimate" is the 2022 GOP motto.

Last Call For Insurrection Investigation, Con't

I don't how many more time I will have to point this out, but yes, the Trump regime tried to steal the 2020 election and there was a national conspiracy by Republicans to do so.

In the weeks after the 2020 election, then-President Donald Trump's allies sent fake certificates to the National Archives declaring that Trump won seven states that he actually lost. The documents had no impact on the outcome of the election, but they are yet another example of how Team Trump tried to subvert the Electoral College -- a key line of inquiry for the January 6 committee. 

The fake certificates were created by Trump allies in Georgia, Arizona, Michigan, Pennsylvania, Wisconsin, Nevada and New Mexico, who sought to replace valid presidential electors from their states with a pro-Trump slate, according to documents obtained by American Oversight. 

The documents contain the signatures of Trump supporters who claimed to be the rightful electors from seven states that President Joe Biden won. But these rogue slates of electors didn't have the backing of any elected officials in the seven states -- like a governor or secretary of state, who are involved in certifying election results -- and they served no legitimate purpose. 

The documents were first posted online in March by the government watchdog group. But they received renewed attention this week, as the January 6 committee ramps up its investigation into Trump's attempted coup, including how his allies tried to stop states from certifying Biden's victory, in part, by installing friendly slates of electors who would overturn the will of the voters. 

Politico and MSNBC were first to report on the documents this week.

As part of the Electoral College process, governors are required to sign a formal "certificate of ascertainment," verifying that the statewide winner's slate of electors are the legitimate electors. These electors then sign a second certificate, formally affirming their votes for president. 

These documents are sent to the National Archives in Washington, DC, which processes them before they are sent onto Congress, which formally counts the electoral votes on January 6. 

The real certificates, which have been posted to the National Archives website, correctly stated that Biden won the seven battleground states. They also list the legitimate group of electors from each state, rather than the rogue pro-Trump slate included on the unofficial documents. 

Some of the fake certificates with pro-Trump electors were sent to the National Archives by top officials representing the Republican Party in each state, according to the documents. 

They sent these fake certificates after Trump himself failed to block governors from signing the real certificates. Specifically, Trump encouraged Republican governors in states like Georgia and Arizona not to certify the election results, and falsely claimed the elections were fraudulent. But these GOP officials ignored Trump, followed the law, and awarded the electors to Biden. 

Installing slates of "alternate electors" was an integral part of the ill-fated plan conceived by Trump allies to usurp power on January 6 by pressuring Vice President Mike Pence to throw out the pro-Biden electors that had been chosen by voters. The idea was promoted by Trump advisers inside and outside the White House, including controversial right-wing lawyer John Eastman. 

Eastman, who has been subpoenaed by the January 6 committee, authored a memo outlining a six-step plan for Pence to overturn the election and award Trump a second term. The plan included throwing out results from seven states because they allegedly had competing electors. 

In truth, no state actually had two slates of competing electors. The pro-Trump electors were merely claiming without any authority to be electors, as documented in the fake certificates sent to the National Archives. The certificates were essentially an elaborate public relations stunt. 

The new documents weren't the only fake certificates sent to the National Archives. Arizona Secretary of State Katie Hobbs, a Democrat, told CNN's Don Lemon that a second group called the "Sovereign Citizens of the State of Arizona" sent a rogue document to the National Archives in 2020, and she said they improperly used the Arizona state seal on their fake certificate. 

"They used this fake seal to make it look official, which is not a legal activity," Hobbs said.

 

Outright election fraud, and the conspiracy to commit it, by Trump supporters and Republican state officials in at least seven states, planned by Eastman and the Trump regime in order to "document" their "win."

Seems like a prosecutable offense to me.

And speaking of prosecutable offenses...

Stewart Rhodes — founder and leader of the extremist group Oath Keepers, whose members are accused of being key players in the Jan. 6 attack on Congress — has been indicted and arrested, officials said Thursday.

The 56-year-old, who was at the Capitol that day but has said he did not enter the building, is the most high-profile person charged in the investigation so far. He is charged with seditious conspiracy, along with 10 other Oath Keepers members or associates, officials said.

Most of those individuals were previously arrested, but one, 63-year old Edward Vallejo of Phoenix, Arizona, is also facing charges as part of the case against the Oath Keepers for the first time. Officials said Rhodes was arrested this morning in Little Elm, Texas, and Vallejo was taken into custody in Phoenix.

A federal grand jury in the District leveled the new charges focusing on what prosecutors say is a core group of Oath Keepers adherents who allegedly planned for and participated in obstructing Congress on the day lawmakers certified President Biden’s 2020 election victory.

The indictments unsealed Thursday mark the first time anyone has faced charges of seditious conspiracy for the Jan. 6 attacks, though prosecutors have long signaled they were considering using that rarely-applied section of federal law.

In interviews with The Washington Post over the past year, Rhodes — a former Army paratrooper and Yale Law graduate who has become one of the most visible figures of the far-right anti-government movement — has repeatedly denied wrongdoing.

He said he was communicating with members of his group on Jan. 6, 2021 in an effort to “keep them out of trouble,” and emphasized that Oath Keepers associates who did go into the Capitol “went totally off mission.”

An attorney for Rhodes, Jonathan Moseley, did not immediately respond to a request for comment.

An earlier indictment charged 19 of alleged Oath Keepers adherents with conspiracy and aiding and abetting the obstruction of Congress. Two of those individuals have pleaded guilty and agreed to cooperate with investigators. The rest have pleaded not guilty and are preparing for trials later this year.

In cases in which people have pleaded guilty, defendants acknowledged they were among a group that forced entry through the Capitol’s East Rotunda doors after marching single-file in tight formation up the steps wearing camouflage vests, helmets, goggles and Oath Keepers insignia.

Some defendants also admitted to stashing guns in a nearby Arlington, Va., hotel for possible use by what they called a “Quick Reaction Force.”

 

So yes, we're now starting to finally see the seditious conspiracy charges.

More will follow.

Ohio GOP Maps Struck Down As Unconstitutional

In a sign that Ohio isn't completely ruled by Republicans in perpetuity, the Ohio Supreme Court tossed the GOP's ridiculous two-thirds state House and state Senate supermajority maps as unconstitutional gerrymandering, and the deciding vote in the 4-3 decision was Republican Chief Justice Maureen O'Connor.

The Ohio Supreme Court struck down GOP-drawn state House and Senate district maps as unconstitutional gerrymandering in a 4-3 decision Wednesday, sending the maps back to the drawing board.

Advocates of redistricting reform hailed the decision as a resounding victory for Ohio voters who overwhelmingly approved changes to the state constitution to limit partisan line-drawing in 2015.

“This ruling sends a clear message to lawmakers in Ohio: they may not put politics over people," said attorney Freda Levenson, legal director for the American Civil Liberties Union of Ohio, who argued for opponents of the maps.

The Ohio Supreme Court ruled that the Ohio Redistricting Commission – which is tasked with drawing legislative maps and dominated by Republicans – could not ignore parts of the Ohio Constitution that required them to attempt to match the statewide voting preferences of voters, according to the court's majority opinion, written by Justice Melody Stewart.

Those preferences, according to Stewart's opinion, were 54% for Republican candidates and 46% for Democratic candidates over the past decade.

“The commission is required to attempt to draw a plan in which the statewide proportion of Republican-leaning districts to Democratic-leaning districts closely corresponds to those percentages,” Stewart wrote. “Section 6 speaks not of desire but of direction: the commission shall attempt to achieve the standards of that section."

Stewart rejected the argument from commission members Senate President Matt Huffman and House Speaker Bob Cupp that the language was "aspirational" and required only if other, more technical, line-drawing requirements weren't met.

"We reject the notion that Ohio voters rallied so strongly behind an anti-gerrymandering amendment to the Ohio Constitution yet believed at the time that the amendment was toothless," Stewart wrote.

The commission must now get to work. The new plan must be adopted within 10 days, and the Ohio Supreme Court retains its authority to review any rewrites.

Feb. 2 is the current deadline to file paperwork to run for the Ohio Legislature. State lawmakers could change that filing date without moving the May 3 primary.

Chief Justice Maureen O'Connor was the key vote, breaking with her party to rule against the maps. O'Connor, a Republican, joined the court's three Democratic justices and the three GOP justices dissented.

O’Connor, who has served in statewide office for 24 years, suggested an alternative to the commission, which she called out for its partisanship.

“Having now seen firsthand that the current Ohio Redistricting Commission – comprised of statewide elected officials and partisan legislators – is seemingly unwilling to put aside partisan concerns as directed by the people’s vote, Ohioans may opt to pursue further constitutional amendment to replace the current commission with a truly independent, nonpartisan commission that more effectively distances the redistricting process from partisan politics,” O'Connor wrote in a concurring opinion.

On Sept. 16, Republicans on the Ohio Redistricting Commission approved maps that would allow the GOP to retain its veto-proof majority in the state Legislature over the objections of the commission's two Democrats.

According to Huffman, R-Lima, the maps could give Republicans a 62-37 advantage in the House and 23-10 advantage in the Senate.

 

In other words, Republicans set up the Ohio Redistricting Commission to fail.  The Ohio Supreme Court didn't fall for it. Now the commission has to come up with better maps.

It's a pretty huge victory.

BREAKING: US Supreme Court Strikes Down Biden Vaccine Mandate

While leaving the vaccine requirement for health care workers at any medical facility that get federal money, the vaccine mandate died today in a 6-3 decision authored by Justice Gorsuch.

The Supreme Court on Thursday blocked the Biden administration from enforcing a vaccine-or-testing mandate for large employers, dealing a blow to a key element of the White House’s plan to address the pandemic as cases resulting from the Omicron variant are on the rise.

But the court allowed a more modest mandate requiring health care workers at facilities receiving federal money to be vaccinated.

The vote in the employer mandate case was 6 to 3, with liberal justices in dissent. The vote in the health care case was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh joining the liberal justices to form a majority.

The employer mandate would have required workers to be vaccinated against the coronavirus or to wear masks and be tested weekly, though employers were not required to pay for the testing. There were exceptions for workers with religious objections and those who do not come into close contact with other people at their jobs, like those who work from home or exclusively outdoors.

Parts of the mandate concerning record-keeping and masks had been scheduled to take effect on Monday. The administration had said it would not enforce the testing requirement until Feb. 9.

The Labor Department’s Occupational Safety and Health Administration, or OSHA, had issued the mandate in November, and it applied to more than 84 million workers. The administration estimated that it would cause 22 million people to get vaccinated and prevent 250,000 hospitalizations.

 

The conclusion of Gorsuch's decision makes it pretty obvious there's nothing that the Executive branch can do.

 

The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is clear: Under the law as it stands today, that power rests with the States and Congress, not OSHA. In saying this much, we do not impugn the intentions behind the agency’s mandate. Instead, we only discharge our duty to enforce the law’s demands when it comes to the question who may govern the lives of 84 million Americans. Respecting those demands may be trying in times of stress. But if this Court were to abide them only in more tranquil conditions, declarations of emergencies would never end and the liberties our Constitution’s separation of powers seeks to preserve would amount to little.

 

So, as with the Voting Rights Act and a host of other things, the Supreme Court expects Congress to act, one that will never be allowed to act by Senate Republicans.

 

This is how democracy dies.

Viginia Voters Get What They Deserve

Dear Virginia voters:

You didn't think that Glenn Youngkin and the Republicans you elected would only punish those people, did you?

The 60-day session will test the political skills of a new governor who comes to Richmond with no background in elective office and a Cabinet made up largely of newcomers to state government. Yet with Virginia enjoying a hefty surplus, even some Democrats seemed primed to go along with Youngkin’s plans to cut taxes and create more charter schools.

“He looks forward to working with Republicans and Democrats to solve the challenges that Virginia faces,” Youngkin spokesman Devin O’Malley said, noting the governor-elect’s “extensive outreach” to legislators from both parties to convey his focus on creating the “best schools, safest streets, a lower cost of living and more jobs.”

With hundreds of bills already filed, Republicans were clearly hoping to roll back much of what Democrats muscled through in the past two years, looking well beyond the “kitchen-table” issues that Youngkin and incoming House Speaker Todd Gilbert (R-Shenandoah) have called priorities.

Among the GOP bills are those to: prohibit local governments from banning guns from parks and government buildings; cancel a minimum wage hike — from $11 an hour to $12 — that’s scheduled to take effect next year; require women seeking an abortion to sign a written consent; require voters to show photo ID at the polls; cut the early-voting period from 45 days to 14 days; and repeal a state law requiring local school boards to follow the state’s lead on transgender-rights policies.

 

Oops. 

I mean, good luck. You threw out the "awful" Democrats and got...this.

Last Call For Orange Meltdown, Con't

Donald Trump's interview with NPR this week on The Big Lie went hilariously badly for both Trump and NPR.

Some Republican leaders are trying to move on from former President Donald Trump's failed attempt to overturn the 2020 election that he lost.

"While there were some irregularities, there were none of the irregularities which would have risen to the point where they would have changed the vote outcome in a single state," Sen. Mike Rounds, R-S.D., said Sunday on ABC's This Week. "The election was fair, as fair as we have seen. We simply did not win the election, as Republicans, for the presidency. And if we simply look back and tell our people don't vote because there's cheating going on, then we're going to put ourselves in a huge disadvantage."

But Trump — who has endorsed dozens of candidates for the 2022 midterm elections and still holds by far the widest influence within the GOP — is trying hard not to let them move on.

"No, I think it's an advantage, because otherwise they're going to do it again in '22 and '24, and Rounds is wrong on that. Totally wrong," Trump told NPR in an interview Tuesday, referring to his false and debunked claims that the 2020 election was stolen.

The interview was six years in the making. Trump and his team have repeatedly declined interviews with NPR until Tuesday, when he called in from his home in Florida. It was scheduled for 15 minutes, but lasted just over nine.

After being pressed about his repeated lies about the 2020 presidential election, Trump abruptly ended the interview.

 

Trump was always going to leave the interview and then attack NPR, certainly we'll see his cultists call again to defund and destroy the public radio news network. But the real problem is that NPR happily gave Trump yet another platform to spread his lies upon, even if the hosts rightfully attacked those lies. It won't matter one whit to the people who believe them, and now NPR has been drafted as yet another strawman enemy which Trump can attack at will.

Expect Trump to unload on NPR at his Saturday hate rally in Arizona this weekend, which was the entire point of the exercise.

 

Steve M. makes it clear that Steve Inskeep was in over his head, and that Trump basically won.

 

What did all this accomplish? Inskeep pushed back on a few points, but Trump threw out a Gish gallop's worth of allegations, all baseless but more than Inskeep was able to rebut. Wisconsin was corrupt! Arizona was corrupt! Detroit was corrupt! Philadelphia was corrupt! No Republican would regard Inskeep as the one who came away with a win, even if Trump did storm off. (Republicans like Trump's petulance.)

I wish Trump had been interviewed by someone ready to get in the weeds with him, someone with a deep knowledge of every conspiracy theory and of the facts that show they're all nonsense. No, there weren't more votes than people in Detroit -- here's the AP fact check. No, nothing fishy happened in Philadelphia -- even the Republican co-chair of the city's elections board acknowledged that. And so on. In the interview, Trump is essentially saying, "I won. Don't believe me? Do your own research." Imagine if Inskeep had geeked out and done his own research, in much greater depth, and brought the receipts.

Trump is used to rattling off the names of these allegedly suspicious locales and getting no pushback. Imagine if an anti-conspiracy election nerd had engaged him on his own terms. Then you really would have seen a walk-off -- and some serious public education.

 

But that won't happen. Trump is too crafty to go up against someone like that. Rolling Inskeep and the rest of our totally unprepared Village betters is exactly what Trump excels at.

All Inskeep accomplished was making NPR a target again.

Our Little White Supremacist Domestic Terrorism Problem, Con't

Marjorie Taylor Greene is openly calling for the murder of Democrats again.

 

Rep. Marjorie Taylor Greene (R-GA) on Tuesday floated resorting to using the "Second Amendment" to deal with Democrats who are imposing what she described as a "tyrannical" government.

While speaking with right-wing media personality Sebastian Gorka, Greene slammed Georgia Democratic gubernatorial candidate Stacey Abrams for her policies regarding both vaccines and gun rights.

Greene then pivoted to talking about how Americans are guaranteed the right to bear arms to resist such supposed tyranny.

"Ultimately the truth is it’s our Second Amendment rights, our right to bear arms, that protects Americans and give us the ability to defend ourselves from a tyrannical government," she said. "And I hate to use this language but Democrats, they’re exactly -- they’re doing exactly what our Founders talked about when they gave us the precious rights that we have.”

 

"Sitting member of Congress calls for political enemies to be shot" is a regular feature of House Republican politics, and seemingly nobody cares. In the last week or so she's caught a permanent ban from Twitter, and accused the Biden Administration and doctors across the country of murdering thousands of COVID patients by refusing to allow horse dewormer Ivermectin as a treatment.

Now she's once again calling for Democrats to get shot and killed.

I guess it's going to take for that to happen for her to face consequences. Maybe multiple murders.

I wonder how Republican Rep. Steve Scalise feels about this?

An Unconventional Proposal, Con't

January in state legislature land always means the crazy stuff happens, this time it's Nebraska Republicans wanting to join the more than a dozen Republican legislatures who want to completely rewrite the US Constitution.

Late in the 2021 legislative session, a resolution adding Nebraska to the list of states calling for a convention to propose amendments to the U.S. Constitution appeared dead in the water.

The proposal (LR14) from Sen. Steve Halloran of Hastings had failed to advance from committee, and a motion to pull it onto the floor fell two votes short of reaching a simple majority of 25 senators.

But a motion to suspend the Legislature’s rules late in the 90-day session allowed the resolution to be considered in committee once more, and negotiations between Halloran and Omaha Sen. John McCollister produced the fifth vote needed to put LR14 on the floor.

The Legislature advanced LR14 to second-round consideration on a 32-10 vote after a first-round filibuster attempt was scrapped Monday afternoon, the first day of floor debate in the 2022 session.

Four senators were present but not voting.

“Honestly, I think most people were expecting the full eight-hour filibuster, and that didn’t happen,” Halloran said after the vote. “I was surprised.”

The resolution, and others like it introduced by Halloran and others in recent years, have failed to gain traction in the Legislature, despite many conservative senators supporting it.

LR14, like resolutions adopted in 15 other states, would call for a convention of states as outlined in Article V of the U.S. Constitution.

Under the resolution, convention delegates would be responsible for drafting proposed constitutional amendments imposing fiscal restraints on the federal government, limiting the power and jurisdiction of the federal government and setting term limits for officeholders and Congress.

Supporters said constitutional amendments are necessary to rein in out-of-control spending that has grown the country’s debt as well as the deficit. Halloran, a Republican, laid blame at the feet of presidents dating back to George W. Bush.

“The debt clock is ticking,” he said, referring to the U.S. Debt Clock, which puts the national debt at nearly $30 trillion, equal to about $89,000 for every person in the country.

While a constitutional amendment could erect guardrails for federal spending and limit the government’s authority to spend, opponents said Halloran’s resolution left room for delegates to interpret intent.

 

It's madness, for sure. Eliminating the federal government's spending power would drive tens of millions of American families into deep poverty with no way to help them, because of course this wouldn't affect a single dime of Pentagon spending. Executive agency regulations and programs would vanish overnight.

 

Of course, there's a good chance that will happen anyway if the Roberts Court decides to dismantle the Executive branch. 

Republican corporations need a stead stream of miserable peons to work until they die, you know. They're going to get it eventually.

Last Call For Cawthorne Called Out

A group of petitioners in North Carolina are filing papers claiming that GOP Rep. Madison Cawthorn is ineligible for office under the state Constitution because of his participation in the January 6th insurrection.

A Bernie Sanders-backed group has launched a long-shot bid to keep North Carolina Representative Madison Cawthorn off the ballot in this year’s midterms by claiming his alleged support for the 6 January insurrection renders him ineligible to serve in Congress.

A petition by a group of Tarheel State voters who are making the challenge to Mr Cawthorn’s eligibility was filed with the North Carolina state board of elections last week as part of a campaign progressive groups Free Speech for People and Our Revolution are staging in hopes of using an obscure section of the 14th Amendment to keep a number of GOP figures from seeking reelection.

Enacted in 1868 as part of the Reconstruction process after the US Civil War, the 14th Amendment is now mainly known for guaranteeing birthright citizenship to anyone born on American soil, and for its guarantees of “due process” and “equal protection” to all citizens.

But the challengers opposing Mr Cawthorn’s candidacy hope the board will apply a North Carolina law allowing them to challenge a candidate’s eligibility by filing an affidavit articulating their “reasonable suspicion” that he is barred from holding officer under the third section of the amendment, which states that “no person shall be a … representative in Congress … or hold any office … under the United States … who, having previously taken an oath, as a member of Congress … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”.

The amendment does not lay out how such ineligibility would be determined, but in practice the House and Senate have invoked it by a simple majority vote against prospective members. Congress has done so only once since the end of the 19th century when it blocked a Socialist Party of America member named Victor Berger from taking office as a representative from Wisconsin.

Berger, who had been convicted of violating the Espionage Act by opposing the US entry into the First World War, later successfully sued to have his conviction overturned, removing his ineligibility and allowing him to serve three terms in Congress.

The petition against Mr Cawthorn does not accuse him of violating any laws that would bar his eligibility, but alleges that his support for the protests organised on 6 January — including his appearance at the rally on the Ellipse which later featured then-president Donald Trump — combined with his vote against certifying the election amount to involvement “with, at minimum, the planning of events that led to the insurrection”.

 

Yes, it's a long shot.But it might actually work because in NC, a candidate whose eligibility is challenged has the burden of proof placed upon them to then prove they are indeed eligible. We'll see what happens, most likely the challenge will be dismissed by a Trumpist-friendly judge, but hey.

On the other hand, depending how he reacts to this, Cawthorn will probably commit another insurrection in his defense.

Our Little White Supremacist Domestic Terrorism Problem, Con't

US Attorney General Merrick Garland is taking the threat of Trumpist white supremacist domestic terrorism seriously, enough so to form a special Justice Department unit dedicated to rooting it out.

The Justice Department is establishing a specialized unit focused on domestic terrorism, the department's top national security official told lawmakers Tuesday as he described an “elevated” threat from violent extremists in the United States.

Assistant Attorney General Matthew Olsen, testifying just days after the nation observed the one-year anniversary of the violent insurrection at the U.S. Capitol, said the number of FBI investigations into suspected domestic violent extremists has more than doubled since the spring of 2020.

“We have seen a growing threat from those who are motivated by racial animus, as well as those who ascribe to extremist anti-government and anti-authority ideologies,” Olsen said.

Olsen's assessment tracked with a warning last March from FBI Director Christopher Wray, who testified that the threat was “metastasizing.” Jill Sanborn, the executive assistant director in charge of the FBI's national security branch who testified alongside Olsen, said Tuesday the greatest threat comes from lone extremists who radicalize online and look to carry out violence at so-called “soft targets.”

The department's National Security Division, which Olsen leads, has a counterterrorism section. But Olsen told the Senate Judiciary Committee that he has decided to create a specialized domestic terrorism unit “to augment our existing approach" and to “ensure that these cases are properly handled and effectively coordinated” across the country.

The formulation of a new unit underscores the extent to which domestic violence extremism, which for years after the Sept. 11 attacks was overshadowed by the threat of international terrorism, has attracted urgent attention inside the federal government.

 

Senate Republicans are already Big Mad about it, as are the usual House GOP trogldytes, but the fact is that's where the terrorism is happening right now, folks.

Remember, under Trump, these attacks were dismissed if not actively covered for.

 

Ridin' Over Biden

President Biden will be in Georgia today to announce he's backing Chuck Schumer's plan to eliminate the filibuster for voting rights legislation, but the reality is that voting rights activists in the state simply don't give a single damn about what Biden has to say on the subject anymore.

SO MUCH FOR UNITY — Democratic leaders hoped to spend the week before Martin Luther King Jr. Day presenting a united front for voting rights legislation and blasting Republicans as undemocratic.

So much for that.

Multiple high-profile voting rights leaders are planning to skip President JOE BIDEN’s speech on the matter in Atlanta today, dismissing the address as too little too late. “We’re beyond speeches. We’re beyond events,” said LATOSHA BROWN, the leader of Black Voters Matter. (h/t Sam Gringlas from NPR’s Atlanta bureau)

“We do not need any more speeches, we don’t need any more platitudes,” former NAACP of Georgia President JAMES WOODALL told NYT’s Nick Corasaniti and Reid Epstein. “We don’t need any more photo ops. We need action, and that actually is in the form of the John Lewis Voting Rights Act, as well as the Freedom to Vote Act — and we need that immediately.”

STACEY ABRAMS won’t be there either, citing a scheduling conflict.

At the same time, Democrats are facing growing doubts within their own ranks about nixing the filibuster to pass the voting bills. Burgess Everett reports that Sen. MARK KELLY (D-Ariz.) is undecided on what to do while Sen. JON TESTER (D-Mont.) admits he’s not crazy about a filibuster “carveout.” That’s aside from Sens. JOE MANCHIN (D-W.Va.) and KYRSTEN SINEMA’s (D-Ariz.) long-stated opposition.

WHAT BIDEN WILL SAY TODAY — Look for him to crank up the heat on the party’s voting push, calling the next few days “a turning point in this nation,” and posing a question: “Will we choose democracy over autocracy, light over shadow, justice over injustice?”

“I know where I stand,” Biden will say, according to a preview shared with Playbook. “I will not yield. I will not flinch. I will defend your right to vote and our democracy against all enemies foreign and domestic. And so the question is where will the institution of [the] United States Senate stand?”

Biden, whose support for the filibuster has softened since taking office, is also expected to reiterate that he backs “changing the Senate rules to ensure it can work again … Because abuse of what was once a rarely used mechanism that is not in the Constitution has injured the body enormously, and its use to protect extreme attacks on the most basic constitutional right is abhorrent.”

A White House aide says Biden will again invoke Jan. 6 and will “describe this as one of the rare moments in a country’s history when time stops and the essential is immediately ripped away from the trivial, and that we have to ensure Jan. 6 doesn’t mark the end of democracy but the beginning of a renaissance for our democracy.”

I don't see how treating Biden like garbage helps advance voting rights. I seriously thought Stacey Abrams had better judgment than to dismiss Biden with a "scheduling conflict" when she's sure as hell going to need him later this year for her campaign rallies for Governor. 

But apparently we're right back to 2010 when "Obama failed us" after passing historic legislation.

I absolutely understand the frustration and anger. But as Jonathan Capehart points out, the actual villain remains Mitch McConnell and the other 49 GOP senators blocking any and all voting rights legislation.

The reality though is that for all the righteous anger in the country, Schumer doesn't have the votes to change the rules. There are still Democrats who refuse to play ball, and it's not just Manchin and Sinema, but Kelly and Tester and even Jeanne Shaheen.

That's not Biden's failure, but it is a failure of the Democrats.

It might be the bridge too far this time. Capehart reminds us that we still have the vote in 2022 to punish Republicans across the country, but most Americans don't care to do so, or they outright support the GOP.

As I keep telling people, the Civil Rights era was an aberration of American history, and that era is now almost certainly over.

Last Call For Big Time Budgets

It's January, which means state governors are introducing their budgets for the year, and nobody's going bigger than Gavin Newsom in California.

Backed by soaring revenues amid the pandemic, California Gov. Gavin Newsom on Monday proposed a budget that would pay for the health care of all the state’s low-income residents living in the country illegally, while cutting taxes for businesses and halting a scheduled increase in the gas tax later this summer.

California taxpayers already pay for the health care of young adults and people 50 and over living in the country illegally, provided they meet certain income requirements. Now, Newsom wants California to become the first state to cover all adults who are living in the country illegally, a move that would eventually cost $2.2 billion per year.

“We’re doing something that no other state has done,” Newsom said.

Newsom said his $286.4 billion budget proposal tackles five of the state’s biggest problems — what his administration called “existential threats” — including the surging coronavirus pandemic; wildfires and drought worsened by global warming; homelessness; income inequality including the lack of health insurance for some immigrants; and public safety, including combatting a recent flurry of coordinated smash-and-grab robberies.

The “existential” label is usually applied to climate change and the pandemic, Newsom acknowledged, but he said homelessness, the rising cost of living and public safety are “understandably top of mind in terms of people’s concerns.”

The governor said his budget includes a $45.7 billion surplus, which is larger than previous estimates because his administration uses a different definition of what counts as surplus.

The proposed $2.2 billion program to aid immigrants in the country illegally would not take effect until January 2024 to include “all low-income Californians, regardless of immigration status,” Newsom said.

The state has made great strides in reducing its uninsured population in recent years, but the largest single group left behind under the state’s Medicaid program are low-income residents in the country illegally.

The state began covering immigrants 26 and under in 2019, and those 50 and older last year.

 

But I was told that California was a failed Socialist state that was doomed to collapse 15 years ago and everyone moved out to Texas.

 

Here's there thing though: Newsom's budget, a whole hell of a lot of it, will become law because Democrats actually do things like cut taxes AND increase services.

 

Here in Kentucky, Gov. Andy Beshear's budget proposal, which will 100% be ignored by the nearly three-quarters Republican supermajority in the state legislature, is a lot more modest.

Gov. Andy Beshear on Monday unveiled “record funding” of an additional $2 billion in pre-K to 12th grade education as part of his upcoming budget proposal.

Beshear’s proposed budget would fully fund universal pre-K for all 4-year-olds with $172 million in each year of the biennium and fund full day kindergarten.

“It is more than affordable... a something we must do,” Beshear said of the pre-school proposal.

Republican lawmakers did not immediately comment Monday afternoon.

Beshear is also proposing a 16.9 percent increase in SEEK funding, the dollars provided to K-12 schools for everything from transportation to support for special needs students.

There is a 12. 5 percent increase in the SEEK based per pupil funding formula for elementary and secondary schools.

The budget proposal fully funds school district costs for student transportation. That is $175 million annually, an 81 percent increase over the last budget.

“We are not burdening our schools with an unfunded mandate,” Beshear said.

Kentucky needs to make sure it is paying the people educating children what they are worth, Beshear said.

The proposal includes a minimum 5 percent salary increase for all school personnel, in additional to salary schedule increases for certified educators. He said its the first identified pay increase in a budget since 2006 to 2008 and there will be no health insurance premium increases for school employees, Beshear said. He said Kentucky ranks 42nd nationally in starting salaries for teachers.

He is providing $26. 3 million each year for a student loan forgiveness program that provides a maximum of $3,000 a year annually to help a teacher pay off student loans. Educators can stay in the program for five years if they are teaching in Kentucky. His proposal fully funds teacher’s pensions and medical benefits, all measures to keep them in the classrooms.

Beshear’s proposal provides $22.9 million each year to restore professional development as well as provide funding for textbooks and instructional resources.

With the proposed funding, Kentucky teachers would not have to dip into their own pocket to provide resources for their classrooms, he said.

Beshear provided an additional $6 million each year in funding for the state’s 874 family resource and youth service centers for 1,200 schools, which Beshear said provides items such as coats for students. He said their funding has not been increased for years.

 

California's surplus is only a couple billion short of Kentucky's entire biennial budget, but it doesn't matter, as state House Republicans filed their entire budget last week.

Kentucky House Republicans filed their first draft of the state's two-year budget plan Friday, ahead of Gov. Andy Beshear's budget address next week.

It's been a common practice in Kentucky: the governor unveils his budget plan and the legislature then follows. But on Friday, the Republican majority unveiled theirs early, with no warning.

"I don't know if it's petty or excitement or what, but I'll leave that up to Kentuckians to decide," said House Floor Minority Leader Joni Jenkins.

She says just like her Democratic colleagues, she was taken aback.

"I've been in Frankfort, this is the beginning of my 28th year of service and throughout Democratic and Republican governors, I have never seen the legislature put forth their budget before the governor gave their budget address," Jenkins said.

 

The message from House Speaker David Osborne is clear: Beshear is irrelevant.

 

He's not wrong.

 

The problem is 4.5 million Kentuckians remain irrelevant to Osborne and the KY GOP, but people here will vote for themselves to be miserable anyway...as long as they remain better off than *those people*.

Another Year In Gunmerica, Con't

Turns out that the real reason for the massive homicide spike in the last two years is even more guns here in Gunmerica.

After murders in the United States soared to more than 21,000 in 2020, researchers began searching for a definitive explanation why. Many factors may have contributed, such as a pandemic-driven loss of social programs and societal and policing changes after George Floyd’s murder. But one hypothesis is simpler, and perhaps has significant explanatory power: A massive increase in gun sales in early 2020 led to additional murders.

New data from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) suggest that that indeed may have been the case. According to the data, newly purchased weapons found their way into crimes much more quickly and often last year than in prior years. That seems to point to a definitive conclusion—that new guns led to more murders—but the data set cannot prove that just yet.

The ATF data are the result of tracing nearly 400,000 firearms in 2020. According to the bureau, firearms are traced only “at the request of a law enforcement agency engaged in a bona fide criminal investigation where a firearm has been used or is suspected to have been used in a crime.” Not all guns recovered by law enforcement are traced, and many guns that are used in crimes are never recovered by law enforcement to begin with. But the ATF’s data are the most robust source available for evaluating the increased use of firearms in the United States in 2020.

What’s most startling in these new data is the degree to which firearms purchased in 2020 featured in crimes committed in 2020. The ATF’s data set includes a measure known as the “time to crime” of each gun traced—the time from when a firearm was legally purchased to when it was recovered after a crime. On this metric, an enormous shift is apparent: The number of traced guns whose time to crime was a year or more increased by less than 1 percent in 2020 compared with 2019, but the number of guns whose time to crime was six months or less increased by 90 percent.

Prior years looked quite different. Only about 13 percent of guns traced from 2015 to 2019 were recovered within six months of purchase. In 2020, 23 percent were. In total, the average time to crime fell from 8.3 years in 2019 to seven years in 2020, and just about half of the guns traced in 2020 crimes were purchased three or more years prior to recovery, compared with more than 70 percent a decade ago. Moreover, states with greater upticks in gun background checks—meaning more purchases of new guns—also saw greater increases in new guns recovered in and traced to crimes. All told, what this reveals is that guns used in crimes in 2020 were newer than in the past. Additionally, more guns were recovered in 2020 than in 2019 across a host of crimes. “You do see these guns ending up in risky situations more quickly than in the past,” says Aaron Chalfin, a criminology professor at the University of Pennsylvania.

 

Everything is an excuse to buy MOAR GUNZ and MOAR AMMOZ you see, and with more firearms in the hands of the American public than we have people in the country almost, it's no wonder that things designed to do lethal damage to living beings are working as the manufacturer intended.

 

Just another year in Gunmerica.