Monday, September 11, 2023

Last Call For Twenty-Two Years Later

As the country marks the 22nd anniversary of the September 11, 2001 attacks, NYC officials are confirming that the total number of first responders who have died to 9/11 related illnesses has now equaled the number of FDNY firefighters who were lost that day.
 
The number of first responders who have died from 9/11-related illnesses now almost equals the number of firefighters who died during the terror attacks themselves.

A total of 341 New York City Fire Department firefighters, paramedics and civilian support staff who died from post-911 illnesses are now memorialized at the FDNY World Trade Center Memorial Wall, according to the Uniformed Firefighters Association. The memorial commemorates both first responders who died during the attacks and those who died from related illnesses in the years since.

That count almost equals the 343 New York firefighters who died during the 2001 attacks.

The fire department added 43 names to the memorial on September 6, according to a news release.

“As we approach the 22nd anniversary of 9/11, the FDNY continues to feel the impact of that day. Each year, this memorial wall grows as we honor of those who gave their lives in service of others,” said Fire Commissioner Laura Kavanagh in the release. “These brave men and women showed up that day, and in the days and months following the attacks to participate in the rescue and recovery efforts at the World Trade Center site. We will never forget them.”

Exposure to the dust at the World Trade Center has been tied to heightened risk of cardiovascular disease among firefighters who responded to the scene. Additionally, respiratory disease and thousands of cancer diagnoses have been linked to the toxic pollutants released during the attacks.

More than 71,000 people are currently enrolled in the World Trade Center Health Registry, a long-term study seeking to understand the physical and mental health effects of the terror attacks. In addition to first responders, the attacks have left lasting health impacts on workers in the World Trade Center who evacuated their workplaces, passersby, residents of the surrounding buildings and volunteers who spent time at Ground Zero in the weeks after.

Lt. Joseph Brosi was one of the dozens of firefighters added to the memorial last week. The FDNY veteran died in February after a long battle with lung cancer.

His son Jim Brosi said not a day has gone by where he has not thought about his father.

“We just miss him,” he told CNN. “He was just always present in everything we did.”
 
As with everything 9/11 related, it's all complex and complicated. 9/11 was one of the watershed moments in global history, one that shifted the axis of billions over the last two-plus decades. But there are those who have lost their lives as a direct result of the attack even now, and that list continues to grow.

Another year passes, and more are lost. Maybe an entire country lost their way, too. I know many of you have been around for far longer, and that like many of my generation, you remember exactly where you were when the towers fell.

Everything changed after that, and very little of it for the better.

 

The Return Of The Revenge Of The Ghost Of Shutdown Countdown

With the House back in session this week ahead of the September 30th deadline for spending bills, Republicans are giving GOP House Spearker Kevin McCarthy an ultimatum: crash the Biden economy, or we crash you.





Kevin McCarthy is facing the greatest peril to his speakership since he clawed his way into the job eight months ago, with multiple factions of his party feuding and a looming revolt ahead during the battle to fund the government.

Ultra-conservative members of the House GOP are talking in unsubtle terms about turning on McCarthy if he does not take a hard line in negotiations with the Senate and the Biden administration.

More centrist Republicans, too, are increasingly fed up with McCarthy’s efforts to placate the far right. They want him to stop giving ground to lawmakers they see as holding the party hostage to unrealistic demands.

McCarthy is a political survivor — even his critics cannot deny that his skilled nature as an accommodator, his persistence in winning over even his most dogged critics and his deep bench of allies have kept him alive in this highly fractured Republican Party.

But interviews with more than two dozen GOP members and aides reveal that it would take only a few rogue lawmakers hell-bent on his downfall to risk McCarthy’s fate in an entirely new way, sending their party spiraling into a new period of chaos. And even if those defectors fail to actually eject McCarthy, some of the speaker’s confidantes privately concede there may be no way to recover.

Those volatile, competing forces of McCarthy’s conference will collide this month, and could drive the nation to a government shutdown, while reshaping the Republican agenda for the rest of the Congress.

“The speaker faces two choices,” said Rep. Bob Good (R-Va), a vocal McCarthy detractor who says the party shouldn’t fear a shutdown. “[He] stares down the Senate, stares down the White House, forces them to cave and is a transformational historic speaker ... Or he can choose to make a deal with Democrats.”

If McCarthy chooses the latter option, Good warned, “I don’t think that’s a sustainable thing for him as speaker.”

House Republicans will face all that drama with an attendance strain: At least four of their own may be sidelined from Washington for health or family reasons, including Majority Leader Steve Scalise (R-La.). That’s on top of a looming resignation on Friday that could put McCarthy’s margin for error at just a couple of votes.

The last time a GOP speaker faced this intense level of fall spending pressure with a Democrat in the White House, it was September 2015. And while John Boehner avoided a shutdown, he didn’t survive the month.
 
Utah Republican Chris Stewart is resigning on Friday over his wife's health issues, and he won't be replaced until June's special election, so McCarthy's margin will be down to three votes. I expect things to go like they did with Boehner in 2015, only with a lot bigger of a mess after McCarthy is driven out for making a deal with the Dems.

Of course, McCarthy may fold completely and shut down the government for weeks or months and crater the economy, but the voters are going to remember, or maybe he gets deposed before the 30th. At this point, all bets are off.

We'll see. But any outcome will be the GOP's fault.

The GOP Legal Eagles, Con't

The Washington Post's Jackie Alemany on the Capitol Hill beat is at least dispensing with the pretense and is rightfully calling out the GOP efforts to derail the prosecutors trying to bring Trump to justice as the darkness that democracy is dying in.
 
Investigate the investigator.

That has been the operating thesis of the GOP’s playbook to counter the myriad criminal investigations into Donald Trump, the de facto leader of the Republican Party. Interrogating investigators’ methods and scruples is a strategy that has been utilized by both parties during tumultuous moments, and is a well-worn tool for lawmakers seeking to appease constituents hungry for the appearance of oversight on polarizing issues.

The strategy has been effective in shaping public opinion of the investigations after years of sustained broadsides against the judicial system by Trump and his top allies. A Washington Post-FiveThirtyEight-Ipsos poll last month showed 75 percent of potential Republican primary voters said charges against the former president across various investigations were politically motivated.

But in the wake of 91 criminal charges against Trump, the party’s blitz of attacks on prosecutors threatens to degrade an important precedent that protects prosecutorial independence and the ability to fairly root out wrongdoing without partisan influence or gain, according to legal experts.

“Big picture, this does seem incredibly troubling,” said Caren Morrison, a former federal prosecutor who is an associate professor at Georgia State University College of Law. “For years I’ve told my students that one principle we can always rely on is the principle of prosecutorial discretion — it is unassailable and that is the essence of their power: They can choose which cases to pursue and which cases not to pursue. … We are kind of at a point where nobody agrees on what the rules are.”

So far, congressional investigations have been launched against Manhattan District Attorney Alvin Bragg, special counsel Jack Smith, and most recently, Fulton County, Ga., District Attorney Fani Willis — all of whom have charged Trump with crimes. And state lawmakers have begun discussions to remove Willis from her seat through a disciplinary commission in Georgia — one of several states that have recently adopted laws aimed at reining in the power of locally elected prosecutors.

Republican House committee chairmen initiated an investigation into Bragg earlier this year seeking communications, documents and testimony related to his investigation of a $130,000 hush money payment to adult film actress Stormy Daniels. Trump was indicted in the case by a Manhattan grand jury for allegedly falsifying business records in New York.

House Judiciary Committee Chairman Jim Jordan (Ohio), one of the three GOP chairmen who targeted Bragg, announced an investigation into Willis after an Atlanta-area grand jury indicted Trump and 18 of his associates on charges related to attempts to overturn the results of the 2020 election. Jordan requested information regarding any federal funding the office receives, along with any correspondence between Willis’s office and the Justice Department. Republican lawmakers have also gone after David Weiss, the newly appointed special counsel tasked with prosecuting President Biden’s son Hunter after his plea deal collapsed in July. Weiss filed court papers on Wednesday saying he intends to seek an indictment against Hunter Biden by the end of this month.

Jordan and others have drawn sharp criticism from Democrats for what they view as attempts to undermine active and ongoing criminal investigations. In a nine-page letter to Jordan sent on Thursday, Willis blasted the chairman for what she called an unconstitutional attempt “to interfere with a state criminal matter” and transgression of the separation of powers. She also warned Jordan that if House Republicans followed through on threats to deny federal funding to Willis’s office, that “such vengeful, uncalled-for legislative action would impose serious harm on the citizens we serve, including the fact that it will make them less safe.”

Few officials have voluntarily cooperated with the investigations so far, but House Republicans scored a win in the courts after a federal judge declined to block a subpoena issued by the House Judiciary Committee. That ruling forced a former prosecutor who investigated Trump in the Manhattan district attorney’s office, Mark Pomerantz, to appear before the committee for a deposition.

“It is not the role of the federal judiciary to dictate what legislation Congress may consider or how it should conduct its deliberations in that connection,” U.S. District Judge Mary Kay Vyskocil wrote in her opinion. She added that Jordan had identified other valid legislative purposes in deposing Pomerantz, including scrutinizing the use of federal funds in the investigation. The judge also questioned how Bragg could claim that information that had already been published in a tell-all about the investigation into Trump written by Pomerantz could be considered privileged information. Jordan’s office declined a request for comment.

It remains to be seen whether House Republicans will ultimately issue subpoenas to any of the current prosecutors overseeing investigations into Trump, but legal experts and former U.S. government officials say the action would mark a significant escalation that would cross the line separating politics and the criminal justice system.

“Whomever is the accused deserves an adjudication which is, as much as possible, the application of law to facts, and you do everything you can to shield that inquiry from the rough-and-tumble of constituent politics,” said Robert Raben, the former Assistant Attorney General for the Office of Legislative Affairs under President Bill Clinton. “There are important lines of division that should not be penetrated — and we can squabble about where those lines are — but hauling up an investigator while something is pending to influence something to which you are not a party is inappropriate,” he added.
 
Amazingly enough, the Post's Alemany seems to agree that the GOP is wildly overstepping its bounds and that the next step in the war will be subpoenas of those directing ongoing investigations and prosecutions of Dnald Trump by House Republicans.

But of course we've gotten to this point precisely because Republicans don't care about destroying the norms of democracy, and they will continue to ignore these norms until they have to pay a price that they can no longer afford.

America, it seems, has little to no appetite for that.

Sunday, September 10, 2023

Last Call For Old News From Newsom

As California's Democratic Governor, Gavin Newsom, has said on several occasions, he's absolutely not running for Joe Biden's job, and if he has to choose a successor for Dianne Feinstein between now and November of next year, it will be an interim choice from people not currently running for her seat in 2024.
 
As three high-profile California Democrats vie to replace retiring Sen. Dianne Feinstein, Democratic Gov. Gavin Newsom said in an interview with NBC's "Meet the Press" that he would not appoint any of them to the seat, should it become vacant sooner than expected.

That decision could be a blow to Rep. Barbara Lee, since her allies had reason to believe she was Newsom’s first choice to fill a potential vacancy. But that was before she entered the Senate race, where she is currently trailing in polls behind better-known and better-funded fellow Democratic Reps. Adam Schiff and Katie Porter.

In his most direct comments on the matter yet, Newsom said in the interview with Chuck Todd for NBC News' "Meet the Press" that airs Sunday that he would instead make an “interim appointment” to replace Feinstein if necessary.

“Yes. Interim appointment. I don’t want to get involved in the primary,” Newsom said. “It would be completely unfair to the Democrats that have worked their tail off. That primary is just a matter of months away. I don’t want to tip the balance of that.”


Lee, Schiff and Porter are locked in a high-profile battle ahead of the March 5 all-party primary, when the top two vote-getters of any party will advance to the November general election. Both may end up being Democrats, given California’s partisan tilt.

A poll released Thursday from the Institute of Government Studies at the University of California, Berkeley, found Schiff and Porter running neck and neck at 20% and 17%, respectively, while Lee trailed at 7%. A third are still undecided.

Feinstein, 90, has resisted calls to resign and said she intends to serve out the remainder of her term, which ends in January 2025.

But her declining health and an ugly family dispute over her late husband’s multi-million-dollar estate has renewed questions about her ability to do her job.

Newsom is openly dreading the prospect of having to fill another Senate vacancy, having already hand-picked his state’s other senator, Alex Padilla, to fill the seat vacated by now-Vice President Kamala Harris.

“I don’t want to make another appointment, and I don’t think the people of California want me to make another appointment,” Newsom told Todd.
 
Newsom also reiterated that he has no 2024 plans for the presidency. It's so weird that literally the only people who think Newsom has designs on the Oval Office next year are Republicans who are 100% Newsom is lying and will stab Joe Biden in the front and the back, which I guess tells you everything you need to know about right-wing pundits.
 
Meanwhile, left-wing pundits like myself are telling everyone in blogshot, postshot, and earshot that Trump's going to win the 2024 GOP primary but nobody on the right wants to believe that for a second.
 
Now, do I expect Newsom has 2028 plans to run against Kamala Harris, absolutely. I think that's going to be wide open and messy as hell, not because VP Harris isn't qualified, but that history assures us that approximately every non-Black, non-female Democrat will figure they can do that job too.
 
That's a tale for another time, and five years in presidential politics is an eternity. But as for Newsom in 2024, that's not happening, and Republcians are in as much denial there as they are over the GOP being Trump's party of white Christian Dominionist supremacy.

Gunmerica: The Battle Of New Mexico

New Mexico's Democratic Governor, Michelle Lujan Grisham, has issued an emergency public safety executive order blocking Albuquerque's open and concealed carry ordnance for 30 days in response to several shootings in the city, and Republicans are gearing up for the mother of all court battles.

New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in response to a spate of gun violence.

The Democratic governor said she expects legal challenges but was compelled to act because of recent shootings, including the death of an 11-year-old boy outside a minor league baseball stadium this week.

Lujan Grisham said state police would be responsible for enforcing what amount to civil violations. Albuquerque police Chief Harold Medina said he won’t enforce it, and Bernalillo County Sheriff John Allen said he’s uneasy about it because it raises too many questions about constitutional rights.

The firearms suspension, classified as an emergency public health order, applies to open and concealed carry in most public places, from city sidewalks to urban recreational parks. The restriction is tied to a threshold for violent crime rates currently only met by the metropolitan Albuquerque. Police and licensed security guards are exempt from the temporary ban.

Violators could face civil penalties and a fine of up to $5,000, gubernatorial spokeswoman Caroline Sweeney said. Under the order, residents still can transport guns to some private locations, such as a gun range or gun store, provided the firearm has a trigger lock or some other container or mechanism making it impossible to discharge.

Lujan Grisham acknowledged not all law enforcement officials were on board with her decision.

“I welcome the debate and fight about how to make New Mexicans safer,” she said at a news conference, flanked by law enforcement officials, including the district attorney for the Albuquerque area.

John Allen said in a statement late Friday that he has reservations about the order but is ready to cooperate to tackle gun violence.

“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” Allen said. “I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.”

Enforcing the governor’s order also could put Albuquerque police in a difficult position with the U.S. Department of Justice regarding a police reform settlement, said police spokesman Gilbert Gallegos.

“All of those are unsettled questions,” he said late Friday. 
 

Its legality and enforceability have already proven to be roadblocks, with Albuquerque Police Chief Harold Medina saying the city’s police department will not be responsible for enforcing it, and Bernalillo County Sheriff John Allen cautioning the order “challenges the foundation of our Constitution” (New Mexico State Police is tasked with enforcing the order).

Republican lawmakers, including Florida Gov. Ron DeSantis, a 2024 presidential candidate, quickly capitalized on the furor, with DeSantis declaring: “Your 2nd Amendment rights SHALL NOT BE INFRINGED.”

Rep. Lauren Boebert (R-Colo.), also criticized the ban in a post on X, calling the decision “flawed” and asking: “If a governor felt like declaring an emergency right before an election they’d be to suspend the 19th Amendment and stop women from voting [sic]
?”

According to the ban, which is classified as a public health order and took effect immediately, open and concealed carry will be banned on public property for 30 days “with certain exceptions,” including for security guards and law enforcement agents—with violators facing fines up to $5,000.

New Mexico law requires a permit for concealed carry but not open carry, making it one of 38 states that allow unpermitted open carry—which is prohibited in five states (California, Florida, Illinois, New Jersey and New York), while it’s allowed with a permit in Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Rhode Island and South Carolina.

Regardless of how effective the ban will be having to depend on state cops to enforce what is effectively a county-wide ban, it's difficult to see how this order survives a court challenge. I fully expect a federal injunction by Monday or by a few days at the latest and for the GOP to run with this all the way to SCOTUS, demanding an end to all gun safety regs.

Lujan Grisham may have just given them the exact case they needed.

Sunday Long Read: One Hell Of A Racket

Our Sunday Long Read this week is Kevin Sieff's deep dive into pro tennis match fixer Grigor Sargsyan for the Washington Post. Sargsyan, known as the Maestro, had at one point at least 180 pro tennis players, men and women, working for his fixing ring, throwing individual points, service games, whole sets and even entire matches in order to get a piece of the $50 billion tennis betting bonanza in the late 2010's.
 
BRUSSELS

On the morning of his arrest, Grigor Sargsyan was still fixing matches. Four cellphones buzzed on his nightstand with calls and messages from around the world.

Sargsyan was sprawled on a bed in his parents’ apartment, making deals between snatches of sleep. It was 3 a.m. in Brussels, which meant it was 8 a.m. in Thailand. The W25 Hua Hin tournament was about to start.

Sargsyan was negotiating with professional tennis players preparing for their matches, athletes he had assiduously recruited over years. He needed them to throw a game or a set — or even just a point — so he and a global network of associates could place bets on the outcomes.

That’s how Sargsyan had become rich. As gambling on tennis exploded into a $50 billion industry, he had infiltrated the sport, paying pros more to lose matches, or parts of matches, than they could make by winning tournaments.

Sargsyan had crisscrossed the globe building his roster, which had grown to include more than 180 professional players across five continents. It was one of the biggest match-fixing rings in modern sports, large enough to earn Sargsyan a nickname whispered throughout the tennis world: the Maestro.

This Washington Post investigation of Sargsyan’s criminal enterprise, and how the changing nature of gambling has corrupted tennis, is based on dozens of interviews with players, coaches, investigators, tennis officials and match fixers. The Post obtained tens of thousands of Sargsyan’s text messages, hundreds of pages of internal European law-enforcement documents, and the interrogation transcripts of players.

By the time he was communicating with the players in Thailand, Sargsyan had honed his tactics. He had learned to nurture the ones who were nervous. He knew when to be businesslike and direct, communicating his offers like an auctioneer.

That was Sargsyan’s approach on the night in June 2018 that would be his last as a match fixer. He explained to Aleksandrina Naydenova, a Bulgarian player struggling to break into the world’s top 200, that she could choose how severely she wanted to tank a set. He sent the texts in English:

If she lost her first service game, she would make 1,000 euros, he wrote. If she lost the second one, she would make 1,200 euros. It didn’t matter if she won the match, only that she lost those games.

Naydenova seemed willing.

“Give me some time to confirm,” she wrote.

As Sargsyan waited, a Belgian police SWAT team was on its way to his parents’ house. The team had been planning the raid for months, the culmination of a two-year investigation that spanned Western Europe.

Sargsyan placed the phone on his bedside table next to the others he used to message players and associates. He sprawled on his mattress, trying not to fall asleep. Then, from downstairs, he heard hushed voices speaking over walkie-talkies. He cracked open the door to his room and saw several police officers and a Belgian Malinois. The officers spotted their target: a short, chubby man in pajamas. They sprinted up the stairs and into Sargsyan’s room.

Sargsyan lunged for his phones, but the officers got to them first. They put him in handcuffs and listed the charges against him: money laundering and fraud.

“I know what this is about,” Sargsyan said.

The information on his devices would provide a remarkable window into what has become the world’s most manipulated sport, according to betting regulators. Thousands of texts, gambling receipts and bank transfers laid out Sargsyan’s ascent in remarkable detail, showing how an Armenian immigrant in Belgium with no background in tennis had managed to corrupt a sport with a refined, moneyed image.
 
This guy basically owned tennis last decade, and the Post has identified more than two-thirds of the Maestro's marks. He didn't have to approach the big names in tennis, he had plenty of success with the mid and low-level circuits where players would be lucky to make a couple hundred euros in prize money.

Sargsyan paid them a lot more to lose, and lose they did.  Tennis, by the way, is still using Swiss betting company Sportsradar to this day, including the top ATP and WTA Tours. Sargsyan made hundreds of millions using Sportsradar to monitor untelevised matches and to place bets in real time. So yeah, pro tennis? Crooked as hell.

We'll have part two of this story on how Sargsyan was caught next week.

Saturday, September 9, 2023

Last Call For Socially Acceptable

The 5th Circuit has ruled that while the Biden Administration can continue to remain in contact with social media companies, overturning a lower court's decision in part, it still found that the White House most likely violated the First Amendment rights of social media companies by coercing them to take down social media disinformation posts about COVID vaccination and The Big Lie on 2020 election fraud, even though they were falsehoods.
 
The U.S. Court of Appeals for the 5th Circuit on Friday ruled that the Biden White House, top government health officials and the FBI likely violated the First Amendment by improperly influencing tech companies’ decisions to remove or suppress posts on the coronavirus and elections.

The decision was likely to be seen as victory for conservatives who’ve long argued that social media platforms’ content moderation efforts restrict their free speech rights. But some advocates also said the ruling was an improvement over a temporary injunction U.S. District Judge Terry A. Doughty issued July 4.

David Greene, an attorney with the Electronic Frontier Foundation, said the new injunction was “a thousand times better” than what Doughty, an appointee of former president Trump, had ordered originally.

Doughty’s decision had affected a wide range of government departments and agencies, and imposed 10 specific prohibitions on government officials. The appeals court threw out nine of those and modified the 10th to limit it to efforts to “coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech.”

The 5th Circuit panel also limited the government institutions affected by its ruling to the White House, the surgeon general’s office, the Centers for Disease Control and Prevention and the FBI. It removed restrictions Doughty had imposed on the departments of State, Homeland Security and Health and Human Services and on agencies including the U.S. Census Bureau, the National Institute of Allergy and Infectious Diseases, and the Cybersecurity and Infrastructure Security Agency. The 5th Circuit found that those agencies had not coerced the social media companies to moderate their sites.

Read the 5th Circuit's ruling

The judges wrote that the White House likely “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences.” They also found the White House “significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”

A White House spokesperson said in a statement that the Justice Department was “reviewing” the decision and evaluating its options.

“This Administration has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections,” the White House official said. “Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present.”

The decision is likely to have a wide-ranging impact on how the federal government communicates with the public and the social media companies about key public health issues and the 2024 elections.

The case is the most successful salvo to date in a growing conservative legal and political effort to limit coordination between the federal government and tech platforms. This case and recent probes in the Republican-controlled House of Representatives have accused government officials of actively colluding with platforms to influence public discourse, in an evolution of long-running allegations that liberal employees inside tech companies favor Democrats when making decisions about what posts are removed or limited online.

The appeals court judges found that pressure from the White House and the CDC affected how social media platforms handled posts about covid-19 in 2021, as the Biden administration sought to encourage the public to obtain vaccinations.

The judges detail multiple emails and statements from White House officials that they say show escalating threats and pressure on the social media companies to address covid misinformation. The judges say that the officials “were not shy in their requests,” calling for posts to be removed “ASAP” and appearing “persistent and angry.” The judges detailed a particularly contentious period in July of 2021, which reached a boiling point when President Biden accused Facebook of “killing people.”

“We find, like the district court, that the officials’ communications — reading them in ‘context, not in isolation’ — were on-the-whole intimidating,” the judges wrote.
 
What this means is that the White House's plans to patrol social media for disinformation campaigns by foreign actors is reduced to ashes, and that it's not like Twitter or Facebook were going to cooperate anyway.  
 
Besides, the Roberts Court will almost certainly side with Republicans here, it's just a matter of how pervasive the court order is. I don't expect the executive branch to be cut off from any contact with social media companies whatsoever as with Judge Doughty's initial ruling, but a SCOTUS precedent that forbids any state or federal moderation of social media content is right in line with what Justices Alito or Thomas would do.

Also, the ruling all but begs the Biden administration to appeal this directly to the Supreme Court, giving the administration until a week from Monday to do so before the order takes effect. An internet freed from any regulations and responsibilities would be a tremendous weapon for the right-wing ghouls and trolls to unleash upon the rest of us.

Regardless,expect your social media feeds to be flooded by targeted political ads and far worse in the next 14 months.

Hizzonerless, Mayor Adams

 
In a sharp escalation over the migrant crisis, Mayor Eric Adams claimed in stark terms that New York City was being destroyed by an influx of 110,000 asylum seekers from the southern border and said that he did not see a way to fix the issue.

“Let me tell you something New Yorkers, never in my life have I had a problem that I did not see an ending to — I don’t see an ending to this,” the mayor said on Wednesday night in his opening remarks at a town hall-style gathering in Manhattan. “This issue will destroy New York City.”

Mr. Adams, a Democrat in his second year in office, has clashed with leading members of his party as New York City has struggled to provide housing and services to the migrants. For months, Mr. Adams has criticized President Biden and Gov. Kathy Hochul for failing to help the city handle the asylum seekers and pleaded for additional funding and expedited work permits.

But the mayor’s comments on Wednesday were his most ominous yet. He pointed to new projections that the city’s budget gap could grow to nearly $12 billion — the same amount that city officials estimate that the migrants could cost the city over three years.

“Every community in this city is going to be impacted,” Mr. Adams said at the meeting. “We have a $12 billion deficit that we’re going to have to cut — every service in this city is going to be impacted. All of us.”

The surge of migrants crossing the southern border has overwhelmed the city, with nearly 60,000 occupying beds in traditional city shelters and in more than 200 emergency sites. As New York City students returned to school on Thursday, city officials said that about 20,000 migrant children were expected to join them.

The financial and logistical burden has caused the mayor to repeatedly press Mr. Biden for help this summer, saying last week that the city’s requests were still mostly “unaddressed” and calling for a federal emergency and a national “decompression strategy at the border.”
 
To recap, the Democratic mayor of the largest, most populous, most diverse city in America sounds precisely like a Republican politician and blames President Biden for having too many migrants coming to the Big Apple, and blames him for yet another round of social services cuts that will "have to happen."

As much of a bonehead that de Blasio was, as much as a corrupt asshole that Bloomberg was, Eric Adams is the most anti-New Yorker that ever got into Gracie Mansion in my lifetime (yes, even Rudy didn't go this far) and NYC cannot get rid of this guy quickly enough.

The Road To Gilead Does Not Go Through Mexico

With a new sweeping legal ruling where Mexico's Supreme Court has decriminalized abortion in all states in the country this week, our southern neighbor is now infinitely more enlightened than America is on women's rights.

Mexico’s Supreme Court threw out all federal criminal penalties for abortion Wednesday, ruling that national laws prohibiting the procedure are unconstitutional and violate women’s rights in a sweeping decision that extended Latin American’s trend of widening abortion access.

The high court ordered that abortion be removed from the federal penal code. The ruling will require the federal public health service and all federal health institutions to offer abortion to anyone who requests it.

“No woman or pregnant person, nor any health worker, will be able to be punished for abortion,” the Information Group for Chosen Reproduction, known by its Spanish initials GIRE, said in a statement.

Some 20 Mexican states, however, still criminalize abortion. While judges in those states will have to abide by the court’s decision, further legal work will be required to remove all penalties.

Celebration of the ruling soon spilled out onto social media.

“Today is a day of victory and justice for Mexican women!” Mexico’s National Institute for Women wrote in a message on the social media platform X, formerly known as Twitter. The government organization called the decision a “big step” toward gender equality.

Sen. Olga Sánchez Cordero, a former Supreme Court justice, applauded the ruling, saying on X that it represented an advance toward “a more just society in which the rights of all are respected.” She called on Mexico’s Congress to pass legislation in response.

But others in the highly religious country decried the decision. Irma Barrientos, director of the Civil Association for the Rights of the Conceived, said opponents will continue the fight against expanded abortion access.

“We’re not going to stop,” Barrientos said. “Let’s remember what happened in the United States. After 40 years, the Supreme Court reversed its abortion decision, and we’re not going to stop until Mexico guarantees the right to life from the moment of conception.”

The court said on X that “the legal system that criminalized abortion” in Mexican federal law was unconstitutional because it “violates the human rights of women and people with the ability to gestate.”

The decision came two years after the court ruled that abortion was not a crime in one northern state. That ruling set off a slow state-by-state process of decriminalizing it.

Last week, the central state of Aguascalientes became the 12th state to drop criminal penalties.

Abortion-rights activists will have to continue seeking legalization state by state, though Wednesday’s decision should make that easier. State legislatures can also act on their own to erase abortion penalties.

For now, the ruling does not mean that every Mexican women will be able to access the procedure immediately, explained Fernanda Díaz de León, sub-director and legal expert for women’s rights group IPAS.

What it does do — in theory — is obligate federal agencies to provide the care to patients. That’s likely to have a cascade of effects.

Díaz de León said removing the federal ban takes away another excuse used by care providers to deny abortions in states where the procedure is no longer a crime.

It also allows women with formal employment who are part of the social security system and government employees to seek the procedure in federal institutions in states where the abortion is still criminalized, she said.

Díaz de León and officials at other feminist organizations worry that women, particularly in more conservative areas, may still be denied abortions.

“It’s a very important step,” Díaz de León said. But “we need to wait to see how this is going to be applied and how far it reaches.”

The battle to decriminalize the state laws will continue, but I don't see how they will survive in the wake of this ruling.

And yet in the US, we're headed for more bans and more evidence that the country being divided into states where a woman has a right to her own reproductive system and states where she 100% does not is unsustainable federally.

I expect a federal ruling is going to come sooner rather than later where there's five votes to say that the availability of abortions in blue states is infringing upon red state bans, and that it's the blue states who are wrong and that the whole thing has to go. That's the endgame.

How quickly we get there depends on a lot of things, but the more Republicans get into power, the faster this handbasket goes to hell.
 
Increasingly, America is the outlier rogue nation that other, more civilized countries are warning their own people about, and with good reason.

Friday, September 8, 2023

Last Call For Whom Fani Flagged In Georgia

Fulton County, Georgia DA Fani Willis released the full, unredacted special grand jury report on Donald Trump's state election interference and RICO case, and if anything, Willis showed remarkable if not adamantine restraint in the charges she actually brought.

The full special grand jury report that led to the criminal indictment of former President Donald Trump and 18 others for trying to overturn his 2020 Georgia election loss recommended also charging two former U.S. senators from the state, David Perdue and Kelly Loeffler, and current U.S. Sen. Lindsey Graham of South Carolina.

Neither of those three current and former Republican lawmakers were indicted last month by the regular Fulton County Superior Court grand jury that charged Trump and the other defendants.

The full 25-page report of the special grand jury, which finished its investigative work last winter, was released Friday morning.

The special panel had the power to subpoena evidence and testimony from witnesses but did not have the authority to issue indictments.

However, in addition to the three senators, the special grand jury also had recommended indictments be issued against 18 other people who were ultimately not charged by the regular grand jury last month, in addition to the people who did end up being indicted.

Those recommended for indictment, but not charged, included former Trump national security advisor Michael Flynn, Trump advisor and lawyer Boris Epshteyn, and campaign lawyer Cleta Mitchell, according to the report.

The special grand jury recommended that Graham, Perdue and Loeffler, along with others, should be indicted for crimes related to “the national effort to overturn the 2020 presidential election, focused on efforts in Georgia, Arizona, Wisconsin, Michigan, Pennsylvania, and the District of Columbia.”

Both Perdue and Loeffler, who were sitting senators at the time of the 2020 election, were defeated in early 2021 runoff elections by Democrats, Sens. Jon Ossoff and Raphael Warnock.

Trump’s continued false claims of election fraud in the 2020 presidential contest were seen as factors that led to the defeat of both Perdue and Loeffler, and Democrats taking majority control of the Senate in 2021.

Now, Willis clearly sought indictments for what she thought she could get convictions with and there's reasons as to why she didn't seek indictments against everyone in the recommendation. But the special grand jury sure as hell thought that both of Georgia's Republican senators as well as Huckleberry Graham ought to have been charged.

If only Graham could be voted out of office the way Perdue and Loeffler were.

On the other hand, the report is also sobering as it remains a reminder that while criminal juries need a unanimous verdict or a hung jury is reached, grand juries only need a simple majority to find probable cause, and none of the grand jury recommendations were unanimous on any of the people to consider charging, including charging Trump, and none of the RICO charges were either.

It'll only take one juror to spare Trump from any and all criminal consequences in any of the criminal trials he's facing, and that's a hard truth of our justice system.




The Road To Gilead Gets A Rebrand

Republicans are losing elections when calling their side "pro-life" while criminalizing women's reproductive systems, tracking their movements into other states, offering bounties to family to turn women in, and basically ruling women by fear and punishment, in some cases sentencing them to death for the crime of not being able to carry a dangerous pregnancy to term.

The Republican response to this is of course to rebrand "pro-life" as something that turns off voters a bit less so more people will vote to keep these monsters in power.

Republican strategists are exploring a shift away from “pro-life” messaging on abortion after consistent Election Day losses for the GOP when reproductive rights were on the ballot.

At a closed-door meeting of Senate Republicans this week, the head of a super PAC closely aligned with Senate Minority Leader Mitch McConnell, R-Ky., presented poll results that suggested voters are reacting differently to commonly used terms like “pro-life” and “pro-choice” in the wake of last year’s Supreme Court decision that overturned Roe v. Wade, said several senators who were in the room.

The polling, which NBC News has not independently reviewed, was made available to senators Wednesday by former McConnell aide Steven Law and showed that “pro-life” no longer resonated with voters.

“What intrigued me the most about the results was that ‘pro-choice’ and ‘pro-life’ means something different now, that people see being pro-life as being against all abortions ... at all levels,” Sen. Kevin Cramer, R-N.D., said in an interview Thursday.

Sen. Josh Hawley, R-Mo., said the polling made it clear to him that more specificity is needed in talking about abortion.

“Many voters think [‘pro-life’] means you’re for no exceptions in favor of abortion ever, ever, and ‘pro-choice’ now can mean any number of things. So the conversation was mostly oriented around how voters think of those labels, that they’ve shifted. So if you’re going to talk about the issue, you need to be specific,” Hawley said Thursday.

“You can’t assume that everybody knows what it means,” he added. “They probably don’t.”

Abortion is now banned in 14 states, and several others have pursued restrictions. Eleven states, including Missouri, have enacted abortion bans with no exceptions for rape and incest.
Sen. Todd Young, R-Ind., summarized Wednesday’s meeting as being focused on “pro-baby policies.”

Asked whether senators were encouraged to use a term other than “pro-life,” Young said his “pro-baby” descriptor “was just a term of my creation to demonstrate my concern for babies.”

Senators who attended Law’s presentation said he encouraged Republicans to be as specific as possible when they describe their positions on abortion, highlighting findings that he said could have a negative impact on elections. Many senators in attendance represent states where Republican-led legislatures are pursuing abortion restrictions.

“People require more in-depth discussions; you can’t get away with a label anymore,” said Sen. Cynthia Lummis, R-Wyo. “What we’ve learned is you have to dive in and talk to people about very specifically where you are on that subject if you’re running for public office.”
 
We're pro-baby now! Everyone loves babies! We love babies so much that we don't see women as anything other than baby factories and will increasingly use the coercive power of the state against them if they try anything else, but hey, babies!

Yes, Republicans. Keep up the rebranding of your open villainy heading into 2024. It'll work great.

Orange Meltdown, Con't

Former Trump aide Peter Navarro is willing to go to jail in order to protect Donald Trump, and today he was convicted on contempt of Congress charges after less than four hours of jury deliberation.
 
Former Donald Trump trade adviser Peter Navarro has been convicted of contempt of Congress for not complying to a subpoena from the House select committee investigating the January 6, 2021, attack on the US Capitol.

Navarro is the second ex-aide to the former president to be prosecuted for his lack of cooperation with the committee. Steve Bannon was convicted last year on two contempt counts. Bannon’s case is currently on appeal.

Navarro pledged to appeal based on executive privilege issues.

“We knew going in what the verdict was going to be. That is why this is going to the appeals court,” he told reporters outside the courthouse. “And we feel – look, I said from the beginning this is going to the Supreme Court. I said from the beginning I’m willing to go to prison to settle this issue, I’m willing to do that.”

Asked by CNN if he’s spoken with the former president or reached out for help on legal bills, Navarro called Trump “a rock,” but did not elaborate on any communications.

“President Trump has been a rock in terms of assistance. We talk when we need to talk,” Navarro said. “He will win the presidential race in 2024, in November. You know why? Because the people are tired of Joe Biden weaponizing courts like this and the Department of Justice.”

After the verdict was read, Navarro’s lawyers sought a mistrial, raising concerns about any influence alleged protestors may have had when jurors took a break outdoors Thursday afternoon. US District Judge Amit Mehta did not immediately rule on the motion.

he judge scheduled Navarro’s sentencing for January 12, 2024.

Tim Mulvey, former spokesperson for House January 6 committee, celebrated the verdict.

“His defiance of the committee was brazen. Like the other witnesses who attempted to stonewall the committee, he thought he was above the law. He isn’t. That’s a good thing for the rule of law. I imagine that those under indictment right now are getting a good reminder of that right now,” Mulvey told CNN in a statement.
 
Navarro has always rolled the dice on tying this up in court until SCOTUS can either dismiss the charges or Trump in a second term can pardon him.
 
Neither one is a particularly long shot, and he won't spend a day in prison or pay a dollar in fines as a result, most likely. SCOTUS will find that executive branch advisers like Navarro are protected by executive privilege, and that will be that.

Of course, then he can be tried on other criminal charges stemming from January 6th, so.

Thursday, September 7, 2023

Last Call For Fani, Flagged In Georgia, Con't

Fulton County, Georgia DA Fani Willis clapped back at House Republicans trying to intimidate her into dropping her case against Donald Trump today, responding to accusations of election interference by pointing out what The US Constitution actually says.


Fulton County District Attorney Fani Willis Thursday blasted a congressman who has pledged to investigate her handling of an indictment of former President Donald Trump and others.

U.S. Rep. Jim Jordan, an Ohio Republican and chairman of the House Judiciary Committee, recently demanded records of Willis’ communication with Justice Department officials who have also indicted Trump for his role in an alleged scheme to overturn the 2020 presidential election.

Jordan suggested Willis is attempting to interfere with the 2024 election – Trump is the front-runner for the Republican nomination. And he said her investigation could infringe on the free speech and other rights of Trump and other defendants.

On Thursday, Willis fired back, saying Jordan’s Aug. 24 letter included “inaccurate information and misleading statements.” She accused Jodan of improperly interfering with a state criminal case and attempting to punish her for personal political gain.

“Its obvious purpose is to obstruct a Georgia criminal proceeding and to advance outrageous misrepresentations,” Willis wrote of Jordan letter. “As I make clear below, there is no justification in the Constitution for Congress to interfere with a state criminal matter, as you attempt to do.”

Jordan’s letter came 10 days after a Fulton County grand jury indicted Trump and 18 others for their roles in an alleged scheme to overturn the 2020 presidential election.

A spokesperson for Jordan’s office did notrespond to a request for comment.
 
Jim Jordan got his sound bite last month, but Willis has the law on her side and she's well aware of it.  Jordan and the GOP know they can't do anything about the case, and Gov. Kemp hates Trump so much that's he's scuttling state GOP attempts to stop her.
 
Anyone who thought Willis was not going to be able to handle the pressure at this level of politics was clearly wrong, and that included me when this investigation was first announced.  I've since leared how formidable she is.

Trump's going to find out, that's for sure.

Vote Like Your Country Depends On It, Con't

Vice President Kamala Harris is leading the charge for the Democrats getting out the vote in 2024 with a college tour starting next week in Virginia.
 
Vice President Kamala Harris will soon be hitting the road for a monthlong college tour, traveling to more than a dozen campuses across eight states. The trip underscores both the value Democrats are placing on younger voters and the more forceful role Harris is seeking to play on key issues like abortion access ahead of the 2024 election, after weathering two years of scrutiny and low approval ratings.

The vice president's "Fight for our Freedoms College Tour" begins on Sept. 14 at Hampton University in Virginia. It will focus heavily on mobilizing young voters -- some of whom have expressed less than favorable views of President Joe Biden -- in states including Arizona, Georgia, Michigan, North Carolina, Nevada, Wisconsin and Virginia, with additional campus visits and details to come.

News of the tour, first reported by ABC News, comes as students return to school for the fall semester.

Young voters proved to be a key constituency for Democrats, boosting candidates in the last midterm and presidential election cycles. In 2020, for example, Biden became the first Democratic presidential candidate to win Georgia in nearly 30 years -- with voters younger than 30 accounting for 21% of the returns, up from 15% in 2016 and backing Biden by more than 10 points, according to exit polls.

This year, however, Biden has faced low favorability marks from younger voters, according to ABC News/Ipsos polling.

In her tour, Harris is expected to visit a broad range of campuses, from four-year state schools to community colleges, technical colleges, apprenticeship programs and historically black colleges and universities, or HBCUs.

"This generation is critical to the urgent issues that are at stake right now for our future," Harris said in a statement.

"It is young leaders throughout America who know what the solutions look like and are organizing in their communities to make them a reality," she added. "My message to students is clear: We are counting on you, we need you, you are everything."

As vice president, Harris has more recently been leading the administration's work on reproductive rights, reducing gun violence, addressing climate change and voting access -- issues that advisers expect to be central to her message as she meets with the students across the country.
 
This is a very, very smart move by the Dems here to tap VP Harris as the face of their college GOTV efforts, and especially making sure that tour is going to HBCUs like Hampton U.

There's a reason why red states are doing everything they can to keep college kids from voting at all.

Ron's Gone Wrong, Con't

As I warned months ago, the entire point of Florida GOP Gov. ROn Desantis picking a fight directly with the College Board and AP Black History classes was to serve as cause for evicting all of the College Board's products from Florida schools and universities, including the SAT college entrance exam, and to replace it with the right-wing Christian Dominionist version.
 
The Classic Learning Test is the college admissions exam that most students have never heard of. An alternative to the SAT and ACT for only a small number of mostly religious colleges, the test is known for its emphasis on the Western canon, with a big dose of Christian thought.

But on Friday, Florida’s public university system, which includes the University of Florida and Florida State University, is expected to become the first state system to approve the Classic Learning Test, or CLT, for use in admissions.

“We are always seeking ways to improve,” said Ray Rodrigues, the chancellor of the State University System of Florida, noting that the system, which serves a quarter million undergraduates, was the largest in the country to still require an entrance exam.

It’s the latest move by Gov. Ron DeSantis to shake up the education establishment, especially the College Board, the nonprofit behemoth that runs the SAT program.

Governor DeSantis, a Republican presidential candidate, has already rejected the College Board’s Advanced Placement course on African American studies, and sparred over content on gender and sexuality in A.P. Psychology.

Now, at a time when the College Board faces a dwindling number of students taking the SAT, Governor DeSantis is giving a big lift to an upstart competitor.

Jeremy Tate, the founder of Classic Learning Initiatives, the company that developed the test, insisted that the CLT is apolitical. It’s an effort, he said, to avoid educational fads and expose students to rich intellectual material.

The company, however, describes the CLT as part of “the larger educational freedom movement of our time” — language that echoes that of conservative supporters of private-school vouchers and tax credits for home-schoolers. The “end goal,” the company says, is “promoting a classical curriculum.”

After a century of dominance by the College Board and the nonprofit ACT — which administers the test of the same name — the emergence of an alternative is “healthy and overdue,” said Frederick Hess, director of education policy at the American Enterprise Institute, a center-right think tank. “It’s all for the best if this becomes a more vibrant marketplace.”

There has been pushback. The College Board and ACT say that there is little research that shows that the CLT can accurately assess college readiness. Some classics scholars say that the CLT’s vision of classical education is too narrow; others say it’s too expansive.

While there is no single definition of classical education, the CLT celebrates canonical works from Western civilization, with an emphasis on Greek, Roman and early Christian thought. Memorization, logic and debate are considered important skills.

The test has three sections: verbal reasoning, grammar and writing, and quantitative reasoning (math). Its English sections, like the SAT and ACT, ask students to read dense passages, demonstrate their comprehension via multiple-choice questions and spot grammatical errors.

But in sample materials, there is more religious thought, with passages from Thomas Aquinas; Jonathan Edwards, the Great Awakening preacher; and Teresa of Ávila, a 16th-century saint.
 
"We need a more vibrant marketplace" in college admissions testing, bleats the AEI think tank toad, but Florida doesn't want a vibrant marketplace of ideas, it wants the CLT to be the only game in town for Florida universities period, and it wants to banish the textbooks and knowledge and ideas that might stand in opposition to what the CLT tests for.

And pretty soon in Florida it will be the only game in town.

Wednesday, September 6, 2023

Last Call For Orange Meltdown, Con't

Just as with Rudy Giuliani's civil trial last month, the judge in E. Jean Carroll's civil defamation case against Donald Trump has also reached a liability ruling finding the defendant liable for damages.
 

A federal judge on Wednesday ruled that Donald Trump is civilly liable for defamatory statements he made about writer E. Jean Carroll in 2019 when she went public with claims he had raped her decades earlier.

Judge Lewis Kaplan, as part of that ruling, said the upcoming trial for Carroll’s lawsuit against Trump will only deal with the question of how much the former president should pay her in monetary damages for defaming her.

Normally, a jury would determine at trial whether a defendant is liable for civil damages claimed by a plaintiff.

But Kaplan found that Carroll was entitled to a partial summary judgment on the question of Trump’s liability in the case.

He cited the fact that jurors at a trial in a separate but related lawsuit in May found that Trump sexually abused Carroll in a New York department store in the mid-1990s, and defamed her in statements he made when he denied her allegation last fall.

Carroll’s lawyers argued, and Kaplan agreed, that the jury’s verdict in that case effectively settled the legal question of whether Trump had defamed her in similar comments he made about Carroll in 2019.

“The truth or falsity of Mr. Trump’s 2019 statements therefore depends — like the truth or falsity of his 2022 statement — on whether Ms. Carroll lied about Mr. Trump sexually assaulting her,” Kaplan wrote in his 25-page decision in U.S. District Court in Manhattan.

“The jury’s finding that she did not therefore is binding in this case and precludes Mr. Trump from contesting the falsity of his 2019 statements,” Kaplan wrote.

The ruling is the latest in a series of big losses for Trump in lawsuits filed by Carroll.

At the trial that ended in May, Trump was ordered to pay Carroll $5 million in damages for the comments he made after he was president. Trump is appealing the verdict and damages in that case.

The suit that was the subject of Kaplan’s ruling Wednesday relates to statements about Carroll that Trump made when he was president as he denied her claim of rape.

Trial in that case is set to begin Jan. 15, just as the Republican presidential nomination contest is set to heat up with primaries and caucuses. Trump is the front-runner in the contest for the 2024 GOP nomination.
 
2024 is going to be packed with Trump trials, and he's going to lose most of them. Keep that in mind when Democrats insist Joe Biden can't beat him again.

Our Little White Supremacist Domestic Terrorism Problem, Con't

Former Proud Boys leader and convicted seditious terrorist Enrique Tarrio got 22 years in federal prison for his role leading the insurrection on January 6th, 2001.

A federal judge on Tuesday sentenced former Proud Boys leader Enrique Tarrio to 22 years in prison -- the longest sentence to date handed down for any individual charged in connection with the Jan. 6, 2021, assault on the U.S. Capitol.

Prosecutors had sought 33 years in prison for Tarrio, their harshest recommendation yet for someone charged in the Justice Department's sweeping investigation into the Capitol assault -- despite the fact that Tarrio wasn't present in Washington the day of the attack.

In their sentencing recommendation, prosecutors described Tarrio as a "naturally charismatic leader" and "a savvy propagandist" who used his influence over hundreds of followers to orchestrate an assault on democracy -- for which he was convicted of seditious conspiracy and several other felonies.

"This defendant, and his co-conspirators targeted our entire system of government," assistant U.S. Attorney Conor Mulroe said during Tuesday's hearing. "This offense involved calculation and deliberation. We need to make sure that the consequences are abundantly clear to anyone who might be unhappy with the results in 2024, 2028, 2032 or any future election for as long as this case is remembered."

Prosecutors argued Tarrio helped rally members of the far-right group to come to Washington in advance of Jan. 6 with the goal of stopping the peaceful transition of power, that he monitored their movements and egged them on as they attacked the Capitol, and continued to celebrate their actions in the days after the insurrection.

They also pointed to a nine-page strategic plan to "storm" government buildings in Washington on Jan. 6 that was found in Tarrio's possession after the riot, as well as violent rhetoric he routinely used in messages with other members of the group about what they would do if Congress moved forward in certifying President Joe Biden's election win.

Tarrio's attorneys contended that the government overstated his intentions with respect to Jan. 6, and that his real goal rallying members of the group to Washington, D.C., was to confront protesters from the far-left Antifa movement. They also argued he never directed any of his followers' movements during the riot itself and that he otherwise had no ability to control members who became violent during the riot.

"My client is no terrorist. My client is a misguided patriot, that's what my client is," Tarrio's attorney Sabino Jauregui said. "He was trying to protect this country, as misguided as he was."

Tarrio also spoke at the hearing, apologizing profusely for his actions and heaping praise on members of law enforcement who he said have been unfairly mistreated and maligned after the Jan. 6 attack -- which he called a "national embarrassment."

"I will have to live with that shame and disappointment for the rest of my life," Tarrio said. "We invoked 1776 and the Constitution of the United States and that was so wrong to do. That was a perversion. The events of Jan. 6 is something that should never be celebrated."

He's really sorry he organized a terrorist attack with the intent to kill Democratic members of Congress and to serve as pretense for a coup to overthrow the rightfully elected President.  

Of course, the real terrorist leader here is one Donald J. Trump, and 22 years is the least he should get for maybe a fraction of the dozens of charges he's facing.

And yet it's a coin flip if the country actually puts him back in power or not.

Jesus wept, took the wheel and crashed the Winnebago.

Phantasma Santos, Con't

"George Santos" is not working on a plea deal with the feds on campaign finance fraud charges says consummate professional liar and con artist, "George Santos".
 
The U.S. attorney prosecuting the case against freshman Rep. George Santos (R-N.Y.) has indicated they are involved in discussions on how to resolve the case. However, in a series of texts to TPM, Santos insisted those talks have nothing to do with a potential plea deal on charges related to his campaign finances and false statements he made in official filings.

On Tuesday, U.S. Attorney Breon Peace filed a letter to the presiding judge in the case requesting to move a planned status conference from Thursday to Oct. 27. Peace said he was making the request jointly with Santos and his attorneys while they reviewed the evidence and engaged in further discussions.

“Defense counsel has indicated that he will need additional time to review that material as well. Further, the parties have continued to discuss possible paths forward in this matter,” Peace wrote. “The parties wish to have additional time to continue those discussions.”

Requests such as these are often an indication of ongoing plea negotiations. However, in a series of texts to TPM, Santos called the suggestion the prosecutor is working on a plea agreement with his counsel “wildly inaccurate” and angrily suggested they are finding another “path forward.”

“You’re a real hack of a reporter,” Santos wrote. “Please do not contact me any longer or I will deem your unsolicited communication as harassment.”

Santos’ election last November prompted a cascade of headlines about fabrications in his personal story and resume as well as investigations into irregularities with his campaign finances. TPM has reported extensively on Santos’ unusual campaign finances, questions about his claims of an immense personal fortune, the mounting concerns from outside groups, regulators, and even former members of his team, donors who claim they were bilked, and his ties to a mysterious network of shell companies and an alleged ponzi scheme.
 
The real problem with "George Santos" is that he's not Donald Trump. 

And yet this clown remains in the House because the criminal Republican party needs him in order to maintain control of the lower chamber, or Ringmaster Kevin McCarthy may not have enough clown shoes to stay in charge.

Again, this is why they are screaming about the "Biden crime family" nonsense when the real issue is Republicans keep getting indicted on federal charges.

Tuesday, September 5, 2023

Last Call For Georgia On My Mind, Con't

Fani Willis may be going after Donald Trump in Fulton County, Georgia, but state GOP AG Chris Carr is going after protesters who were arrested over Atlanta's "Cop City" training facility, and the same Trump grand jury also leveled RICO charges against dozens of protesters in indictments unsealed on Tuesday.

More than five dozen activists were indicted on RICO charges last week over the ongoing efforts to halt construction of the city of Atlanta’s planned public safety training center in DeKalb County.

The sweeping indictment, handed up last Tuesday in Fulton County, is being prosecuted by the Georgia Attorney General’s Office.

A total of 61 protestors have been charged with violating the state’s Racketeer Influenced and Corrupt Organizations act. Some face additional charges of domestic terrorism and money laundering. Most are not from Georgia.

There has been numerous acts of violence and arrests over the past year and half at the training center site.

Arrests began back in May 2022, when protestors were taken into custody at the training center site and accused of throwing Molotov cocktails towards officers and causing a small fire as police officers tried to clear the site.

In December, five protestors were charged with domestic terrorism and other offenses after officials alleged they “threw rocks at police cars and attacked EMTs outside the neighboring fire stations with rocks and bottles.”

Protests turned violent in Downtown Atlanta in January, when protestors set a police car on fire and broke businesses windows. Five people were arrested that night and are the only co-defendants in the recent indictment that face domestic terrorism and arson in the first degree charges, in addition to the RICO charge.

The January protest were in response to the death of Manuel “Tortugita” Teran, who was shot and killed by Georgia State Patrol troopers during a “clearing operation” on Jan. 18. Officials allege Teran shot at officers first. The GBI turned over the case file to the Mountain Circuit District Attorney’s Office in April.

The bulk of the defendants named in the indictment involves protestors arrested on March 5 at the training center site. Twenty-three protestors were arrested and charged with domestic terrorism after allegedly throwing large rocks, bricks, Molotov cocktails and fireworks at police officers at the site. All 23 only face one count of RICO in the indictment.

Three people accused of handing out flyers in April identifying one of the troopers involved in the Teran’s death were also indicted. The flyers were distributed in Bartow County, which is the area where the trooper is believe to live, according to The Intercept.

The indictment also names bail fund organizers, Marlon Scott Kautz, Adele Maclean and Savannah Patterson, who were arrested in May 2023 during a raid at a home on Mayson Avenue for alleged actions taken as executives with the nonprofit Network for Strong Communities, which supported the nonprofit Defend the Atlanta Forest. All three face one count of RICO and 15 counts of money laundering in the indictment.

In June, DeKalb County District Attorney Sherry Boston announced that she would withdraw her office from prosecuting cases relating to the training center, citing differences in “prosecutorial philosophy” with the AG’s Office.

Fulton Superior Court Judge Scott McAfee was originally assigned to the case but an order of recusal was filed by McAfee on Tuesday. According to the order, McAfee regularly collaborated with the Prosecution Division of the Attorney General’s Office during his time at the Georgia Office of the Inspector General, and discussed aspects of the investigation that led to the indictment.

The case has been reassigned to Fulton County Superior Court Judge Kimberly Adams.

The Cop City Vote Coalition, a group of organizers aiming at putting the training center on the ballot, released a statement condemning the indictments and accusing Attorney General Chris Carr of seeking to “intimidate protestors, legal observers, and bail funds alike, and send the chilling message that any dissent to Cop City will be punished with the full power and violence of the government.”
 
The state that can make a criminal conspiracy out of a plot to defraud the state's presidential election can also make one out of handing out flyers to inform citizens of a paramilitary training camp for Atlanta Metro cops

Georgia's still a fascist red state, even if they are prosecuting Trump.

Vote Like Your Country Depends On It, Con't

Last night I had much to say about Republicans refusing to redraw Voting Rights Act-compliant congressional districts that didn't disenfranchise Black voters in multiple states, and that SCOTUS had all but eliminated any enforcement power to remedy it.

Today, a three-judge federal panel unanimously found Alabama's GOP was violating the VRA and ordered a court-drawn map.



A panel of three federal judges on Tuesday rejected Alabama’s latest version of its congressional map, saying the state’s Republican-led legislature did not follow a court order to comply with the Voting Rights Act when it last redrew districts in July.

The judges have directed a special master and cartographer to create a remedial map.

“We do not take lightly federal intrusion into a process ordinarily reserved for the State Legislature. But we have now said twice that this Voting Rights Act case is not close,” the judges wrote in the order. “And we are deeply troubled that the State enacted a map that the State readily admits does not provide the remedy we said federal law requires.”

The order also says the judges were “disturbed by the evidence that the State delayed remedial proceedings but ultimately did not even nurture the ambition to provide the required remedy.”

The U.S. Supreme Court had issued a decision in June upholding the panel’s earlier ruling, which found that the Alabama legislature drew congressional districts that unlawfully diluted the political power of Black residents in violation of the federal Voting Rights Act. The three-judge panel had ordered the state to produce a new congressional map that included either an additional majority-Black district or a second district in which Black voters otherwise would have an opportunity to elect a candidate of their choice.

The redrawn map was approved by the Republican-controlled Alabama legislature in July. It had apportioned the state’s 7th Congressional District to include a population that is 50.65 percent Black and its 2nd Congressional District to have a population that’s 40 percent Black. The Alabama Senate voted 24-6 to pass the new plan, and the House approved the map 75-28.

Challengers argued that lowering the percentage of Black voters in the map’s sole majority-Black district and allocating a 40 percent Black voting population to another district did not meet the court’s requirement to produce a district that is “something quite close to” a Black majority.

In Tuesday’s order, the panel of the U.S. District Court for the Northern District of Alabama, Southern Division, took particular issue with the legislature’s failure to comply with a federal court order.

“We are not aware of any other case in which a state legislature — faced with a federal court order declaring that its electoral plan unlawfully dilutes minority votes and requiring a plan that provides an additional opportunity district — responded with a plan that the state concedes does not provide that district,” the judges wrote. “The law requires the creation of an additional district that affords Black Alabamians, like everyone else, a fair and reasonable opportunity to elect candidates of their choice. The 2023 Plan plainly fails to do so.”
 
But as I said last night, "What difference does it make?" 

We know this will be appealed to the 11th circuit and overturned, or if upheld, will go to SCOTUS, and that's if Alabama Republicans don't gum up the works with another map on an appeal.

The point is, the odds of this ruling actually being carried out are nil. I've been wrong before and I hope I'm wrong here. Alabama Republicans and Republicans in a number of other states deserve to be made examples of.

We'll see how far this goes, but I'm expecting the case to be dragged out for months until the courts rule that, as with Ohio, the unconstitutional districts have to remain lest the entire state be disenfranchised.
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