Unimpeachable Me, Con't

Lost in the Clown Show was news that Kentucky GOP Rep. James Comer continues to be the dumbest hammer in the box with his attempted "President Biden took direct payments" story last week. And Biden did...getting a loan repayment from his brother Jim in 2018, when Joe Biden was not in government at all.

 

Republicans announced Friday that they had uncovered a “direct payment” to President Joe Biden — exactly the kind of evidence they’ve sought linking Biden to his family’s foreign business deals.

But the March 2018 payment came from Joe Biden’s brother James, not a Ukrainian oligarch or Chinese tycoon, and the check was marked as a “loan repayment.”

Still, House Oversight Committee Chair James Comer (R-Ky.), who obtained the records via subpoena, said the $200,000 check looks suspicious for the president.

“Does he have documents proving he lent such a large sum of money to his brother,” Comer said in a video, “and what were the terms of such financial arrangement?”

Comer has been leading Republicans’ investigation and impeachment inquiry into President Biden, which so far hasn’t implicated Biden himself and in recent weeks has been overshadowed by infighting among Republicans that has paralyzed the House of Representatives.

Democrats on the Oversight Committee say the personal bank records recently provided to the committee do show that Biden loaned his brother the money.

“These records actually show that President Biden was the one who stepped in to help family members when they needed support, including by providing short term loans to his brother,” Rep. Jamie Raskin (D-Md.), the committee’s top Democrat, said in a statement.

Raskin added that the 1,400 pages of records Republicans got from their subpoenas, which asked banks for several years of records relating to the president’s brother and son, show no wrongdoing, but do reveal “payments for things like groceries, vet visits, and plumbing repairs.”

 

Yeah, 200 grand is a lot of money to most of us. I wish I had that kind of scratch, sure. But there's the thing: Joe Biden helped out his brother, and his brother paid him back. That's not illegal, and in fact Joe Biden reported it on his income taxes.

 

Unlike, you know, Trump.

 

Clowns. Absolute clowns. James Comer is yet another Republican member of Congress I have to apologize to the rest of America for and I'm tired of these assholes.

Last Call For The GOP Circus Of The Damned, Con't

It's quite obvious that Rep. Steve Scalise doesn't have the votes for Speaker, and he's turning to House GOP Armed Services committee chair Rep. Mike Rogers to make an overture to House Democratic Minority Leader Hakeem Jeffries to play Let's Make A Deal! again.

 

“They put us in this ditch along with eight traitors,” Rogers said, referring to hardline GOP dissidents who toppled Speaker Kevin McCarthy last week. “We’re still the majority party, we’re willing to work with them, but they gotta tell us what they need.”

Rogers said the Republicans’ speaker nominee, Steve Scalise, is in the same situation McCarthy was in struggling to get the 217 votes needed for election. A lot of Republicans, Rogers said, would never vote for conservative firebrand Jim Jordan, who narrowly lost to Scalise on a secret ballot vote Wednesday.

“To limit ourselves to just getting 217 out of our conference I think is not a wise path forward,” Rogers said.

Rogers said the disarray in the House is endangering US national security and preventing approval for aid to Israel in its war with Hamas.

“It is perilous what’s happening in Israel right now. It could get much worse,” Rogers said. “And we’re paralyzed right now.”

 

Jeffries has Scalise, Rogers, and the GOP Clown Show over a barrel, and it's the worst-kept secret in Washington.  The October 7th attack by Hamas has suddenly made it very necessary for the Speaker fight to be ended.

Democrats are ready to form a bipartisan coalition to lead the House, Jeffries said.

“The House of Representatives has been broken by chaos, dysfunction and extremism,” Jeffries said. “The only way out is to enter into an enlightened bipartisan coalition of the willing in order to get things back on track.”

The leadership vacuum in the US House has rendered Congress unable to act on legislation.

Another Republican, David Joyce of Ohio, told reporters he’s contacted Democrats about expanding the authority of acting Speaker Pro Tem Patrick McHenry of North Carolina so that the House can act on legislation. Joyce said he has proposed granting McHenry such powers for a limited period of time — perhaps 30 or 60 days — and Democrats have been amenable to that approach to act on issues like Israel.

Steve Womack, a senior Republican appropriator, supports that idea. The “only other option,” he said, is for Democrats to enable election of a Republican speaker nominee by voting “present,” lowering the threshold needed for victory.

Jeffries has offered discussions on a bipartisan path forward. But Rogers said Democrats should make a specific offer that could provide a basis for opening negotiations.

“They haven’t offered jack,” Rogers said.

 

It's not on Hakeem Jeffries or the Democrats to offer the Clown Show anything. You'd think someone would tell Rogers his negotiation position is the equivalent of a man standing on a burning bridge. Besides, McCarthy made it clear he wouldn't negotiate in good faith, and it looks like Rogers is going down this same path.

We'll see what backchannel offers can be brought up, but my guess is that Jeffries has had plenty of time to name his price to help Scalise, and who knows if the Clown Show will agree to anything.

[UPDATE] No, they won't. Scalise has withdrawn his name from the race for Speaker.

The Clown Show rolls on.

Sunday Long Read: Pool Fools

Devin Friedman wanted a pool. The pool contractor wanted him to pay by app, in this case, mobile banking app, Zelle. And in our Sunday Long Read this week, we find out how Devin and his wife spent $31,500 on a pool that wasn't a pool, but a scam.

 

I was trying to reach Gary Kruglitz, the proprietor of Royal Palace Pools and Spas. Gary cuts a certain figure. Just a hair over 6 feet tall, wears a mustache, square wire-rimmed bifocal glasses, thin short-sleeved dress shirts through which it is occasionally possible to glimpse just the hint of nipple when the lighting is right. He has an unusually high voice for a man his size, as if a Muppet crawled down his throat one night and couldn't get out again. I wouldn't say Gary is perplexed by this modern world we find ourselves living in as much as he might not be aware it exists. Sometimes when you talk to him, he'll look up from his papers, turn in your direction, and blink, like a bird that has heard something in the underbrush.

Gary — I changed his name so I could be as honest about him and his nipples as possible — spends his days working out of his pool warehouse, in an office covered desk-to-credenza in product manuals and spa brochures and invoices produced in gold-, pink-, and white-triplicate. A man trapped in the amber of another era, the type of guy who answers his phone yellllow and says bye now when he hangs up. But at this moment, Gary was not answering his phone at all. And I was desperate to reach him, because my wife and I had paid him a deposit of $31,500 to build us a pool, and he had apparently disappeared off the face of the earth.

"I'm sorry, Gary is not available right now," said Cheryl when I phoned that morning.

As best I could tell, there were three women who worked at Royal Palace Pools. Cheryl, Cheryl, and Sheryl. (Could be wrong on that.) The Cheryls didn't have offices. They stood point at the front of the store, behind the glass cases where the chlorine tablets and pool thermometers are displayed. There was a rumor that one of the Cheryls — Sheryl — was Gary's wife, but I couldn't imagine Gary making love, or having breakfast each morning with someone in his home. I believed the likelier scenario was that each night when the Cheryls went home, Gary climbed into an empty Jacuzzi shell with a bag of Funyuns and a worry-worn pad of invoices that served as his transitional object, pulled the thermal cover over himself, and waited in the dark with his eyes open until he could go back to the office. Regardless, if you wanted to get in touch with him, there was going to be at least one Cheryl between you and Gary.

"Do you know where he is?" I said. "This is urgent."

"Um. And who is this?" said Cheryl.

I gave her my name and her tone changed a bit.

"I see," she said tightly. "Well, I'll tell him that you called. Again."

"Please do," I said, trying to sound both grateful and angry. Then I hung up.

It's true that my wife and I had been calling Gary a lot. About a year and a half prior, we'd walked into his office in the Berkshires, in Massachusetts — home to white folks who love the Boston Pops, farm to table, and Lyme disease — and signed a contract for Gary to build a pool in our backyard. It made me feel a little bit like an asshole to be honest, the idea of having a pool. Just the rich-person-ness of it. But what is life if not a long march toward losing all your morals and shame. And thanks to the support of my friends and family, I was able to bury my feelings deep inside and become invested in the idea of having a pool. A pool could be evidence that my life hadn't amounted to nothing. When I found myself at a party with intimidating people, I would sometimes say to myself, I am a person with a swimming pool, so I could believe I had the same right to exist as anyone else. And people would have to be friends with me, right? Because who doesn't want a friend with a pool? It would be like when Jeff Allen's mom used to let him have pool parties at his house in eighth grade. Sure, after everyone ate all the grilled cheeses his mom had cut into triangles and sneaked shots of vodka and then thrown up in the bushes, they all left and didn't invite him to come along. But wasn't that better than sitting at home alone on a Friday night, which was probably what Jeff would have been doing otherwise? Wasn't that a win?

(Side note: Jeff grew up to be a heavy Facebook poster who writes screeds about how if people are so sure a man has a right to marry a man, then shouldn't a man have the right to marry a dog? He lives in Tennessee now with his wife, Krystal, whom he proposed to by having a trained dolphin swim up to her strapped with an engagement ring. Some people stay true to themselves.)

Originally, the pool work was supposed to commence in April 2020. But obviously that didn't happen, because that was when everyone was sealed in their homes rinsing groceries in a solution of three parts water to one part Clorox. But now it was 2021. The construction trade was beginning to lurch back to life. There were delays, of course. We were in the throes of the great pandemic renovation boom, and there weren't enough workers or materials. Container ships were lined up for miles at the ports, and the cost of lumber had become something normal people talked about. The New York Times was publishing hate-reads about people from cities moving to places like the Berkshires and building swimming pools and bringing their obnoxious, demanding, me-first city culture with them.

And so that March, we began calling Gary to say me first. Can you ensure we'll be first in line once the ground thaws? He'd try, he said. We took that as a promise.

We called him in April. We called him in May. The further into summer we got, the less responsive he became. If you've hired a contractor, this will sound familiar. Why answer the phone just to get yelled at by some people from a New York Times hate-read? June crept along, and Gary went completely dark. We were anxious. We felt wronged. We let our feelings be known: Gary, and here I'm paraphrasing our email, we Karen-ed our way into being first in line to build a pool in the spring and now here it is in the middle of summer and we literally cannot get ahold of you.

Finally, on July 5, we received a response. Gary emailed us that he was ready to begin. He said he could start within the week and reminded us that, according to the contract, we owed him $30K-plus before construction commenced. We checked the contract and saw that he was right. He sent another email with instructions for payment. Because a lot of bank branches were still closed, and the crew wanted their money, he requested that we transfer the money via Zelle. But because there are daily Zelle limits, he said, we should just transfer a little bit every day.

We Zelle-ed $3,500 on the 6th, $3,500 on the 7th, $5,000 on the 8th and again on the 9th. Now that he was getting his money, Gary was more responsive. Do you have all the materials you were waiting for, we asked in an email. Yep, mostly. Can you start next week? Yes. The emails were strange. We sometimes had to read them aloud: What if you put a period here, would it make sense then? What if there were a verb? But Gary's emails had always been weird. After all, you don't go into the Cheryls business because you care about the syntax in your electronic correspondence. This man ran his company from an AOL account, which I didn't even know you could still have.

After we Zelled more money, we got worried. What if Gary said he never got his deposit? We asked him to send us a signed receipt for the $23,000-ish we'd sent. Certainly, he said, I'm on a job, give me a few minutes. A few minutes later we got a signed receipt from Royal Palace Pools and Spas, printed on letterhead and photographed. All we had to do was send another $3,500 on the 12th and another $5,000 the 13th, his start date. If things went our way, the construction would be finished in a few weeks.

And then July 13 arrived. Early that morning we received an email from Gary that he was down the road with his crew and would be there imminently. But hours passed, and he didn't show. That's when we reached Cheryl and she said, "Oh, it's you," and told me she'd get him a message. We started calling every 15 minutes. This guy had taken our money and who knows when — or if — he was ever going to start building us a hate-read-worthy swimming pool.

Then, early that afternoon, we got Gary on the phone. Yellllow he said. We asked him where he was. He was confused by that. He was at the office, he said. But you told us you were on your way here, we said. You emailed us and said you were already on the road.

Gary was silent for a moment.

"I haven't emailed you in a month," he said.

Then my wife said holy fuck.

 

Zelle made it astonishingly easy to pay "Gary" and also astonishingly easy to scam Devin. The cautionary tale here this week is in an era of massive disinformation, that information can also include the ones and zeroes in your checking account. It's the biggest P2P banking app in Americ, way bigger than Venmo. And the fraud and scam potential for it is massive.

And worse, nobody's actually responsible for covering that fraud, because there are no laws or backstop behind it like bank deposits and the FDIC for example. On top of that, the one federal agency that should be involved, the Consumer Banking Protection Bureau, is currently facing a Supreme Court case that argues that the entire agency is unconstitutional, because the banks and the GOP want it gone.

So yes, take Devin's pool as an example. Be careful out there.

 

Be careful out there.

Big Bob's Bribery Blowout

New Jersey Democratic Sen. Bob Menendez is now facing federal corruption and bribery charges, and it's time for him to go. 

 

A federal grand jury in New York has returned a sweeping indictment against United States Sen. Bob Menendez, D-N.J., chairman of the powerful Foreign Relations Committee.

The investigation focused on a luxury car, gold bars and an apartment allegedly received by Menendez and his wife, Nadine Arslanian. His wife was also indicted.

The indictment charges Menendez, 69, and his wife with having a corrupt relationship with three New Jersey businessmen -- Wael Hana, Jose Uribe and Fred Daides.

The indictment accuses Menendez and his wife of accepting hundreds of thousands of dollars of bribes in exchange for using the senator's power and influence to seek to protect and enrich the businessman.

"Those bribes included cash, gold, payments toward a home mortgage, compensation for a low-or-no-show job, a luxury vehicle, and other things of value," the indictment said.

In June 2022, federal agents searched Menendez's New Jersey home and found "fruits" of the pair's "corrupt bribery agreement" with the three businessmen, according to the indictment. Investigators found over $480,000 in cash, some stuffed in envelopes and hidden in clothing, as well as $70,000 in Nadine Menendez's safe deposit box.

Also found in the home were over $100,000 worth of gold bars, "provided by either Hana or Daibes," according to the indictment.

Menendez allegedly gave sensitive U.S. government information "that secretly aided the Government of Egypt" and "improperly advised and pressured" a U.S. agricultural official to protect an exclusive contract for Hana to be the exclusive purveyor of halal meat to Egypt, according to the indictment.

 

Yeah, all this is gross, comical, even cartoonish levels of corruption. Gold bars? C'mon.

 

It's New Jersey, but, damn.

 

Get his resignation by the end of the year, and Gov. Phil Murphy appoints someone who promises not to run in 2024 and leaves an open primary is the fairest way to do it.

Either way, Menendez has to go.

[UPDATE] Menendez has stepped down as Senate Foreign Relations Committee chairas Senate rules require a chair indicted under a felony to do so. Multiple Dems are calling on Menendez to resign, including Gov. Murphy and former Obama-era AG Eric Holder.

Not looking good for him to stay on through this.

Orange Meltdown, Con't

So it turnes out that the Trump legal brain trust were indeed dumb as hog shit, because yes, they were, in fact, taking notes on the criminal fuckin' conspiracy.

A lawyer allied with President Donald J. Trump first laid out a plot to use false slates of electors to subvert the 2020 election in a previously unknown internal campaign memo that prosecutors are portraying as a crucial link in how the Trump team’s efforts evolved into a criminal conspiracy.

The existence of the Dec. 6, 2020, memo came to light in last week’s indictment of Mr. Trump, though its details remained unclear. But a copy obtained by The New York Times shows for the first time that the lawyer, Kenneth Chesebro, acknowledged from the start that he was proposing “a bold, controversial strategy” that the Supreme Court “likely” would reject in the end.

But even if the plan did not ultimately pass legal muster at the highest level, Mr. Chesebro argued that it would achieve two goals. It would focus attention on claims of voter fraud and “buy the Trump campaign more time to win litigation that would deprive Biden of electoral votes and/or add to Trump’s column.”

The memo had been a missing piece in the public record of how Mr. Trump’s allies developed their strategy to overturn Mr. Biden’s victory. In mid-December, the false Trump electors could go through the motions of voting as if they had the authority to do so. Then, on Jan. 6, 2021, Vice President Mike Pence could unilaterally count those slates of votes, rather than the official and certified ones for Joseph R. Biden Jr.

While that basic plan itself was already known, the document, described by prosecutors as the “fraudulent elector memo,” provides new details about how it originated and was discussed behind the scenes. Among those details is Mr. Chesebro’s proposed “messaging” strategy to explain why pro-Trump electors were meeting in states where Mr. Biden was declared the winner. The campaign would present that step as “a routine measure that is necessary to ensure” that the correct electoral slate could be counted by Congress if courts or legislatures later concluded that Mr. Trump had actually won the states.

It was not the first time Mr. Chesebro had raised the notion of creating alternate electors. In November, he had suggested doing so in Wisconsin, although for a different reason: to safeguard Mr. Trump’s rights in case he later won a court battle and was declared that state’s certified winner by Jan. 6, as had happened with Hawaii in 1960.

But the indictment portrayed the Dec. 6 memo as a “sharp departure” from that proposal, becoming what prosecutors say was a criminal plot to engineer “a fake controversy that would derail the proper certification of Biden as president-elect.”

“I recognize that what I suggest is a bold, controversial strategy, and that there are many reasons why it might not end up being executed on Jan. 6,” Mr. Chesebro wrote. “But as long as it is one possible option, to preserve it as a possibility it is important that the Trump-Pence electors cast their electoral votes on Dec. 14.”

Three days later, Mr. Chesebro drew up specific instructions to create fraudulent electors in multiple states — in another memo whose existence, along with the one in November, was first reported by The Times last year. The House committee investigating the Jan. 6 riot also cited them in its December report, but it apparently did not learn of the Dec. 6 memo.

“I believe that what can be achieved on Jan. 6 is not simply to keep Biden below 270 electoral votes,” Mr. Chesebro wrote in the newly disclosed memo. “It seems feasible that the vote count can be conducted so that at no point will Trump be behind in the electoral vote count unless and until Biden can obtain a favorable decision from the Supreme Court upholding the Electoral Count Act as constitutional, or otherwise recognizing the power of Congress (and not the president of the Senate) to count the votes.”

As an American, I demand that our national political conspiracies are held to the standards of terrifyingly powerful evil seen in Mission Impossible and James Bond films and Tom Clancy novels, not this middle school class "And I'll put soda vending machines in all the homerooms" president bullshit.

We nearly lost the country to magical thinking cartoon evil.  We may still lose it unless this blunderfuck ends up in prison, for the love of God.  The trials cannot come quickly enough, and the convictions and sentencings require even more alacrity.

Paxton Versus Paxton Versus The Stupid

In one of the most brazenly corrupt examples of state government I've seen, impeached Texas AG Ken Paxton will be tried by the state Senate, including his wife, Angela.

The wife of embattled Attorney General Ken Paxton said Monday she will “carry out (her) duties” as a state senator and not recuse herself ahead of her husband’s upcoming impeachment trial.

Angela Paxton, who represents a Dallas-area district, said Texas law compels each member of the Senate to attend the impeachment proceedings on Tuesday when the chamber meets to set the rules for Paxton’s impeachment trial.

The Texas House of Representatives voted to impeach the attorney general in an unprecedented move last month following a legislative probe that faulted the third-term Republican for a yearslong pattern of corruption, including abusing his office’s powers, retaliating against whistleblowers and obstructing justice.

“As a member of the Senate, I hold these obligations sacred and I will carry out my duties, not because it is easy, but because the Constitution demands it and because my constituents deserve it,” Paxton said in a statement, indicating that she will not recuse herself from her role representing a Dallas-area district as the legislative body convenes her husband’s trial.

In 2020, multiple top aides publicly accused Paxton of bribery and abusing his office. The aides, who also reported their allegations to the FBI, were all fired, put on leave or resigned.

The whistleblowers had accused him of using his authority to benefit political friend Nate Paul, a real estate investor who had donated tens of thousands of dollars to Paxton’s campaign. The impeachment vote had its origins in an investigation launched in March by the General Investigating Committee of the Texas House after Paxton had asked the legislature to approve $3.3 million in government funds to settle a lawsuit with four whistleblowers who were fired from his office.

One of the impeachment articles accuses Paxton of using employees of the attorney general’s office to write a legal opinion intended to help Paul avoid the foreclosure sale of properties owned by Paul and his businesses.

It was among a series of articles focused on Paxton’s relationship with Paul, including accusations he hired an outside attorney who issued more than 30 grand jury subpoenas while investigating a “baseless complaint” made by Paul, benefited from Paul hiring a woman with whom Paxton “was having an extramarital affair,” and provided Paul with favorable legal help in exchange for renovations on Paxton’s home.

The articles of impeachment also detail what are described as Paxton’s efforts to cause “protracted” delays in the securities fraud investigation. And the articles say voters in November, who voted for Paxton’s third term did not have a full understanding of Paxton’s legal troubles because he had intentionally obscured the details of the charges he faces.

I don't expect the GOP-controlled state Senate to make Angela Paxton recuse herself, but at the very least she could be a material witness to the case and she should be nowhere near being allowed to sit in judgment of her own husband's bribery and corruption case.

And people are pretending this is okay?

Jesus, this is ludicrous even for Texas GOP nonsense.

Trump Cards, Con't

Last night's Trump town hall on CNN actually wasn't a disaster, because the word disaster invokes the event as as the unfortunate result of both unforeseen failure and failure in preparation, an act of God. What happened last night was not only predictable, but I'm convinced that CNN prepared for it deliberately because they knew what was going to happen.

 

CNN INVITED DONALD Trump to lie on its airwaves for over an hour on Wednesday night. The evening was billed as a town hall, but played more like a campaign rally for the former president, who steamrolled and repeatedly mocked moderator Kaitlan Collins, pushing a torrent of misinformation about the 2020 election, the multiple investigations into his conduct, and pretty much everything else he commented on.

One CNN insider who spoke to Rolling Stone called the evening “appalling,” lamenting that the network gave Trump “a huge platform to spew his lies.”

Collins tried her best to correct Trump as he spoke. And immediately after Trump went off-air, CNN anchor Jake Tapper led a parade of pundits and fact-checkers to counter his dissembling and pan his performance.

Jake Tapper sums up Trump's town hall: "He called a black law enforcement officer a thug. He said people here in Washington, D.C. and Chinatown don’t speak English. He attacked Kaitlan as a nasty woman… he made fun of [Carrol's] sexual assault and many in the audience laughed." pic.twitter.com/NSzVzVEApP— Justin Baragona (@justinbaragona) May 11, 2023

Nevertheless, the town hall was “a fucking disgrace,” in the words of another network insider. “1000 percent a mistake [to host Trump]. No one [at CNN] is happy.”

“Just brutal,” added one of the network’s primetime producers.

A CNN spokesperson defended the network’s decision to host Trump — and Collins, the host who tried to stop his steamroller of lies. Collins “exemplified what it means to be a world-class journalist. She asked tough, fair and revealing questions. And she followed up and fact-checked President Trump in real time to arm voters with crucial information about his positions as he enters the 2024 election as the Republican frontrunner,” the spokesperson said in a statement to Rolling Stone. “That is CNN’s role and responsibility: to get answers and hold the powerful to account.”

But Team Trump didn’t seem to feel that the boss wasn’t held to much of anything. Even before the conclusion of the town hall’s first hour, the reactions within Trump’s circle were universally joyous. Some close aides to the ex-president were almost baffled that the night went that well for them, according to sources in and close to the campaign. “We want to thank CNN for their generous donation to President Trump’s campaign!” one Trump adviser said late on Wednesday.

“[Trump] should literally do this every night,” one operative working closely with the Trump 2024 team said about an hour into the live event. “Nightly CNN hits!”

For Trump’s political lieutenants, the evening served as a dose of vindication of his and his staff’s plans to heavily saturate the kinds of major media outlets that GOP rivals like Florida Governor Ron DeSantis have largely avoided, people familiar with the plans say. “Part of the idea is to bury Ron [in the media], and to laugh at him for being so weak that he can’t even stand up to CNN,” another person close to Trump says. “To just completely swamp him.”

 

Bullshit. Everyone at CNN is lying about this being a disaster, you see? 

 

It was deliberate.

 

See, all of this, all of this, is pro-wrestling kayfabe. 

Trump's people knew exactly what the game plan was, Trump knew, CNN's Kaitlan Collins knew because she's a former Daily Caller writer and FOX News contributor who knew exactly what was going to happen, CNN boss Chris Licht knew what he was getting, the audience were all diehard Trump fans who cheered and jeered along with his shtick, and all of it just had to be allowed to happen, and it did.

Trump got an hour-long rally free of charge on the new biggest cable network now that Fox and Tucker Carlson have split up (and that pro-wrestling story is a subject for down the road.) All of it was done deliberately. The next question is why, but we know the answer, and that too is very much a deliberate act of sabotaging our democracy.

These outraged CNN staffers are still going to show up to work today, tomorrow, next week, next month, next year.

When people say "Our press has learned nothing!" that too is a lie. They have leaned plenty, and non more so than CNN. They learned Trump is good for business, and putting him in the White House is better business. John Hendrickson at The Atlantic asks:

Next month marks eight years since Trump descended the golden escalator in Trump Tower and announced his candidacy for president. Hardly anyone in the media seemed to know how to properly cover him then. CNN was among the networks that used to carry his campaign rallies live. Tonight’s town hall, despite Collins’s admirable attempts at pushback, felt like a regression to that earlier era. Even some of Trump’s lines felt ominously familiar. “If I don’t win, this country is going to be in big trouble,” he said. Are we really about to do this all over again?

 

Yes, you dumb bastards, we are, and America is in dire trouble because of it.

 

Having said all that though there is one singular benefit to this idiocy Trump's part: his public braggadocio may hurt him legally in the long run.

 

Trump repeatedly lied during the town hall that the election was "rigged," that Georgia "owed" him votes, that he had the right to take classified documents to Mar-a-Lago and that he does not know E. Jean Carroll — the writer who was awarded $5 million a day earlier after it found Trump liable for sexual abuse and defamation.

"All three ongoing criminal cases got new evidence tonight against Trump," tweeted national security attorney Bradley Moss. "He is confessing on live television."

During one point, moderator Kaitlan Collins pressed Trump on whether he showed the classified documents found at Mar-a-Lago to anyone else.

"Not really," Trump replied.

Collins questioned what Trump meant by that but he continued to steamroll through his answer.

Former FBI agent Pete Strzok called the comment a "tacit admission of unauthorized disclosure of classified information."

 

So, there's that.  Trump's lawyers really should stop him from, you know, publicly confessing to crimes.

Or no, they shouldn't.

A Supremely Kept Man

Propublica has a well-sourced and devastating story on how Supreme Court Justice Clarence Thomas and his wife Ginni have taken millions of dollars in undisclosed gifts over the last two decades from billionaire Harlan Crow.

 

For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.

These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said.

Thomas did not respond to a detailed list of questions.

In a statement, Crow acknowledged that he’d extended “hospitality” to the Thomases “over the years,” but said that Thomas never asked for any of it and it was “no different from the hospitality we have extended to our many other dear friends.”

Through his largesse, Crow has gained a unique form of access, spending days in private with one of the most powerful people in the country. By accepting the trips, Thomas has broken long-standing norms for judges’ conduct, ethics experts and four current or retired federal judges said.

“It’s incomprehensible to me that someone would do this,” said Nancy Gertner, a retired federal judge appointed by President Bill Clinton. When she was on the bench, Gertner said, she was so cautious about appearances that she wouldn’t mention her title when making dinner reservations: “It was a question of not wanting to use the office for anything other than what it was intended.”

Virginia Canter, a former government ethics lawyer who served in administrations of both parties, said Thomas “seems to have completely disregarded his higher ethical obligations.”

“When a justice’s lifestyle is being subsidized by the rich and famous, it absolutely corrodes public trust,” said Canter, now at the watchdog group CREW. “Quite frankly, it makes my heart sink.”

ProPublica uncovered the details of Thomas’ travel by drawing from flight records, internal documents distributed to Crow’s employees and interviews with dozens of people ranging from his superyacht’s staff to members of the secretive Bohemian Club to an Indonesian scuba diving instructor.

Federal judges sit in a unique position of public trust. They have lifetime tenure, a privilege intended to insulate them from the pressures and potential corruption of politics. A code of conduct for federal judges below the Supreme Court requires them to avoid even the “appearance of impropriety.” Members of the high court, Chief Justice John Roberts has written, “consult” that code for guidance. The Supreme Court is left almost entirely to police itself.

There are few restrictions on what gifts justices can accept. That’s in contrast to the other branches of government. Members of Congress are generally prohibited from taking gifts worth $50 or more and would need pre-approval from an ethics committee to take many of the trips Thomas has accepted from Crow.

Thomas’ approach to ethics has already attracted public attention. Last year, Thomas didn’t recuse himself from cases that touched on the involvement of his wife, Ginni, in efforts to overturn the 2020 presidential election. While his decision generated outcry, it could not be appealed.

Crow met Thomas after he became a justice. The pair have become genuine friends, according to people who know both men. Over the years, some details of Crow’s relationship with the Thomases have emerged. In 2011, The New York Times reported on Crow’s generosity toward the justice. That same year, Politico revealed that Crow had given half a million dollars to a Tea Party group founded by Ginni Thomas, which also paid her a $120,000 salary. But the full scale of Crow’s benefactions has never been revealed.

Long an influential figure in pro-business conservative politics, Crow has spent millions on ideological efforts to shape the law and the judiciary. Crow and his firm have not had a case before the Supreme Court since Thomas joined it, though the court periodically hears major cases that directly impact the real estate industry. The details of his discussions with Thomas over the years remain unknown, and it is unclear if Crow has had any influence on the justice’s views. 

 

To be fair, Justice Thomas is a right-wing conservative asshole anyway, but undisclosed luxury trips for decades is an ethical breach that should even make him blush. There's no way Thomas would resign now, at the very least he retires when the next Republican president is in the White House.

 

As for Crow, well, we know he's behind the SCOTUS shift to the far-right, and now we know how he's been doing it. 

But Thomas should be made to resign, because, you know, this is wildly unethical and the man's been corrupt for years, and somehow two decades of this became what, the worst-kept secret in SCOTUS? His fellow justices knew, of course. At the very least, Chief Justice Roberts and Justice Samuel Alito knew.

The best we can hope for is that Thomas retires, and that would mean a Republican president would replace him, and if we have another Republican president, we're all done for as a democracy anyway, so.

Don't expect anything to happen.  Don't expect anything to ever happen. Not to these bastards.

Our Little White Supremacist Domestic Terrorism Problem, Con't

If a Black or Muslim person detonated seven pipe bombs over the course of the last three months and destroyed six vehicles and a mailbox, FOX would have been screaming about ANTIFA TERRORISTS IN OUR MIDST for weeks.  But if multiple white suspects were brought in with white supremacist Nazi stuff and meth all over their hideout apartment, well you won't hear a peep.

 

A man with a large collection of Nazi and white supremacist regalia has been arrested in connection with a string of pipe bombings around Fresno, California.

Police say that Scott Anderson, 44, was responsible for seven pipe bombings in total since Dec. 13. Six of the devices were placed under vehicles (one of which was a county probation vehicle) and the seventh explosion involved a mailbox.

Though no one was injured in the bombings, the devices were becoming more sophisticated over time, Fresno Police Chief Paco Balderrama said in a press conference Wednesday.


“It became apparent very quickly that the suspect, or suspects, in this case were progressing in skill level of making bombs, and also their frequency,” Balderrama said.

Anderson is currently facing two sets of charges, federal and state. Four of Anderson’s alleged associates—Paul New, Amanda Sanders, Frank Rocha, and Steven Burkett—are also facing an array of state charges, including possession of bomb making materials, selling methamphetamine, and owning guns despite prior felony convictions. 

 

And when I say Nazi and meth paraphernalia were "all over" the apartment, I mean all over it.

Bomb components and meth were seized in Fresno by the joint task force. https://t.co/8CHX8mhNeY

— Fresno Bee (@FresnoBee) March 2, 2023

 

"Nazis Bomb Fresno In Months-Long Terror Campaign" is not something I expected to type but there you are. 

We're at the point where we should regularly be expecting stuff like this in 2023, and it's only going to get worse.

Holidaze Week: Our Little White Supremacist Domestic Terrorist Problem

Another terrorist attack on multiple power substations in the same county, this time in Washington State, and on Christmas no less.

 

Three power substation facilities were vandalized in Pierce County, Washington, on Christmas morning, knocking out power to more than 14,000 customers, authorities said.

Two of the break-ins were at Tacoma Public Utilities substations and the third was at a Puget Sound Energy station, according to the sheriff's office in Pierce County, which encompasses Tacoma.

No suspects are in custody, according to the sheriff's office.

"It is unknown if there are any motives or if this was a coordinated attack on the power systems," the sheriff's office said in a statement.

Tacoma Public Utilities said about 2,000 of its customers were initially without power and crews are working on restoration, later updating that all but approximately 900 customers had power restored.

"Unfortunately, the impacts to our system from today's deliberate damage are more severe in some places than initial testing indicated," the company said. "Some customers will be restored closer to 8 AM tomorrow. We appreciate your patience as we respond to this intentional vandalism to our system."

"We know this incident has impacted many people’s holiday celebrations, and our crews are working hard to get power safely restored to all customers as quickly as we can," it added.

The Department of Homeland Security issued a bulletin last month warning that U.S. critical infrastructure could be among the targets of possible attacks by "lone offenders and small groups motivated by a range of ideological beliefs and/or personal grievances."

Earlier this month, two electrical substations were shot up in North Carolina, causing tens of thousands of customers to lose power and prompting local officials to declare a state of emergency.

 

Pierce County is home to Tacoma, Puyallup, and Mt. Rainer National Park, but also to Joint Base Lewis-McChord, home of three battalions worth of Army Airborne Rangers, as well as the HQ of the Washington State National Guard. As with the Moore County NC substation attack, the right will tell you that this is being done as a test run to attack military bases by Antifa or something on Christmas because they Left hates Baby Jesus.

Me, I think it's a bunch of assholes who hate SeaTac's multiple drag shows in December, but I'm just a guy who observes the right-wing attacks on LGBTQ+ folks across the country.

Still, terrorists are terrorists, and these are terrorists.

Sinema Verite', Con't

Normally I'd say going after a woman Democratic senator with charges that she expects her staffers to treat her like a rock star with a concert venue rider for all green M&M's in her contract was insulting and bordering on misogyny. But the Senator in question is Kyrsten Sinema, who has made a habit if not a political career out of outlandish grandstanding, up to and including quitting the Democratic party this month. The criticism is very much deserved.

 

Always have a “room temperature” bottle of water on hand for her at all times. Make sure you get her groceries. And book her a weekly, hour-long massage.

These are just a few of the tasks, framed in a dizzying array of do’s and don’ts, that have fallen to the staffers for Sen. Kyrsten Sinema (I-AZ), according to an internal memo obtained by The Daily Beast.

The 37-page memo is intended as a guide for aides who set the schedule for and personally staff Sinema during her workdays in Washington and Arizona. And while the document is mostly just revealing of Sinema’s exceptionally strong preferences about things like air travel—preferably not on Southwest Airlines, never book her a seat near a bathroom, and absolutely never a middle seat—Sinema’s standards appear to go right up to the line of what Senate ethics rules allow, if not over.

One section of the staffer guide explains that the senator’s executive assistant must contact Sinema at the beginning of the work week in Washington to “ask if she needs groceries,” and copy both the scheduler and chief of staff on the message to “make sure this is accomplished.” It specifies Sinema will reimburse the assistant through CashApp. The memo also dictates that if the internet in Sinema’s private apartment fails, the executive assistant “should call Verizon to schedule a repair” and ensure a staffer is present to let a technician inside the property.

The Senate ethics handbook states that “staff are compensated for the purpose of assisting Senators in their official legislative and representational duties, and not for the purpose of performing personal or other non-official activities for themselves or on behalf of others.”

Craig Holman, a congressional ethics expert with the nonprofit group Public Citizen, said Sinema’s apparent demands that staffers conduct personal tasks amount to a clear violation of Senate ethics rules, and would typically warrant a formal reprimand by the Senate Ethics Committee.

Sinema spokesperson Hannah Hurley told The Daily Beast that “the alleged information—sourced from anonymous quotes and a purported document I can’t verify—is not in line with official guidance from Sen. Sinema’s office and does not represent official policies of Sen. Sinema’s office.”

Hurley added that Sinema’s office “does not require staff to perform personal errands.”

The Daily Beast did not share the document itself with Sinema’s office, and is not printing it in its entirety over concerns that doing so may reveal who shared the memo. However, The Daily Beast was able to independently corroborate the veracity of the document, which is at least a couple of years old but could still reflect current policies.

The Daily Beast sent Sinema’s office a detailed list of claims and quotes sourced from the memo and intended for publication.

While the memo may not represent the most up-to-date scheduling practices for Sinema, the document reflects long-running guidelines as well as commitments of the senator’s that have remained consistent. Moreover, the memo is clear that, even if Sinema and her chief of staff never signed off on the document itself, both were to be alerted when the senator’s executive assistant had procured her groceries—or completed a number of other tasks.

Sinema rarely does interviews or comments publicly about how she approaches the day-to-day work of being a senator. The scheduling memo offers a rare glimpse into how one of the Senate’s most inscrutable—and most scrutinized—members approaches her job and runs her office.

 

This is not "Oh Kamala Harris is so difficult" or "Amy Klobuchar is mean to her staff" or any other "imperious Hillary Clinton" nonsense, this is a straight up violation of Senate ethics standards if true. It's also yet another example of Sinema's attention-grabbing narcissism that has dropped her popularity in Arizona to negatives among every single voting group.

 

 

 

These latest ethics allegations aren't exactly going to help her make new friends, I suspect. Nor should they.

Cajun Country Criming

If you can't beat your lifelong rival for parish Sheriff in a fair election, blow 'em up with a pipe bomb, right?

Politics is serious business in Cajun country, but Lafourche Parish Sheriff Duffy Breaux said he didn’t think it would get so serious that a onetime rival for office would try to kill him.

Social patterns are strongly influenced in this town 50 miles southwest of New Orleans by those who work in the dominant industries, oilfield roughnecks, commercial fishermen and farmers - quick to laugh and quick to anger.

They love good times, LSU football and politics.

U.S. Attorney John Volz says former sheriff Cyrus ″Bobby″ Tardo, 58, twice defeated for office by Breaux, hired a crew of former law officers and their associates to set a pipe bomb that almost blew Breaux’s foot off 10 days before Christmas.

Tardo also was charged last week with attempted first-degree murder in Lafourche Parish, where a bond of $2 million has been set for him.

Tardo and his three co-defendants have all professed their innocents, though they have not yet entered pleas.

Investigating authorities have declined to speculate on a motive, but Breaux said political revenge may have been involved.

″I can only see one thing - it’s a political thing,″ Breaux said. ″I always defeated him. Maybe he wanted me out of the way. I never thought a man would stoop that low.″

Tardo, a former state policeman, was elected sheriff in 1971. Breaux defeated him for the sheriff’s office in 1975, then won again when Tardo challenged him in 1979. Tardo then ran for parish president and won. He lost that post to Vernon Galliano in 1986. Parish is the Louisiana term for county.

Louis Breaux, a cousin of the sheriff and a second-term councilman, said he cannot believe the charges brought against Tardo.

″Talk to anyone in the parish. It’s hard to believe. He was pretty much of a loner, not much of a good mixer, not a hothead at all,″ he said Friday. ″People take their politics seriously in Lafourche Parish, but to try to kill a man? That’s going pretty far out.″

 

Something tells me Pardo and Breaux have hated each other for decades, and they finally made national news over that seething rivalry. Congrats, gents. It'll make a fascinating HBO comedy.

Prince Of Darkness, Con't

So yes, the whole "Erik Prince brought in a British spy to train Project Veritas operatives to run Trump loyalty sting operations" thing was absolutely 100% true, and yes, they tried to infiltrate Democratic campaigns and unions as well. But their big targets were the FBI and the Trump White House itself.

A network of conservative activists, aided by a British former spy, mounted a campaign during the Trump administration to discredit perceived enemies of President Trump inside the government, according to documents and people involved in the operations.

The campaign included a planned sting operation against Mr. Trump’s national security adviser at the time, H.R. McMaster, and secret surveillance operations against F.B.I. employees, aimed at exposing anti-Trump sentiment in the bureau’s ranks.

The operations against the F.B.I., run by the conservative group Project Veritas, were conducted from a large home in the Georgetown section of Washington that rented for $10,000 per month. Female undercover operatives arranged dates with the F.B.I. employees with the aim of secretly recording them making disparaging comments about Mr. Trump.

The campaign shows the obsession that some of Mr. Trump’s allies had about a shadowy “deep state” trying to blunt his agenda — and the lengths that some were willing to go to try to purge the government of those believed to be disloyal to the president.

Central to the effort, according to interviews, was Richard Seddon, a former undercover British spy who was recruited in 2016 by the security contractor Erik Prince to train Project Veritas operatives to infiltrate trade unions, Democratic congressional campaigns and other targets. He ran field operations for Project Veritas until mid-2018.

Last year, The New York Times reported that Mr. Seddon ran an expansive effort to gain access to the unions and campaigns and led a hiring effort that nearly tripled the number of the group’s operatives, according to interviews and deposition testimony. He trained operatives at the Prince family ranch in Wyoming.

The efforts to target American officials show how a campaign once focused on exposing outside organizations slowly morphed into an operation to ferret out Mr. Trump’s perceived enemies in the government’s ranks.

Whether any of Mr. Trump’s White House advisers had direct knowledge of the campaign is unclear, but one of the participants in the operation against Mr. McMaster, Barbara Ledeen, said she was brought on by someone “with access to McMaster’s calendar.”

 

McMaster was targeted after a dinner with Oracle founder Larry Page and his wife, who ratted the former National Security Adviser's opinion of Trump out to the White House directly through Don McGahn.

To recap, Trump hired Erik Prince to train James O'Keefe and his merry band of grifters to be seekrit ageunts™ and they tried to run honeypot ops on Trump own national security team and the FBI.

This is who they always were, folks.

Black Lives Still Matter, Con't

As the trial of George Floyd's killer, Derek Chauvin, continues, the Twin Cities were rocked Sunday by another police killing of an unarmed Black man, Daunte Wright.

 

A Brooklyn Center police officer fatally shot a man during a traffic stop Sunday afternoon, inflaming already raw tensions between police and community members in the midst of the Derek Chauvin trial.

Relatives of Daunte Wright, 20, who is Black, told a tense crowd gathered at the scene in the northern Minneapolis suburb Sunday afternoon that Wright drove for a short distance after he was shot, crashed his car, and died at the scene.

Protesters later walked to the Brooklyn Center police headquarters near N. 67th Avenue and N. Humboldt Avenue and were locked in a standoff with police in riot gear late Sunday night. Officers repeatedly ordered the crowd of about 500 to disperse as protesters chanted Wright's name and climbed atop the police headquarters sign, by then covered in graffiti. Police used tear gas, flash bangs and rubber bullets on the crowd.

National Guard troops arrived just before midnight as looters targeted the Brooklyn Center Walmart and nearby shopping mall. Several businesses around the Walmart were completely destroyed, including Foot Locker, T Mobile, and a New York men's clothing store.

Looting was widespread late Sunday into early Monday, spilling into north and south Minneapolis. Reports said that stores in Uptown and along Lake Street were also being looted.

Brooklyn Center Mayor Mike Elliott issued a curfew order until 6 a.m. Monday. Precautions were being taken into Monday, with Brooklyn Center canceling or closing all school buildings, programs and activities.

Sunday's fresh outrage came as Twin Cities officials and law enforcement are already on edge as Chauvin, a former Minneapolis police officer, stands trial on murder and manslaughter charges in the death of George Floyd.

Another Black man killed by police for no good reason. Another round of rage and looting. The cycle continues.

Black Lives Still Matter.

Open States Go Viral, Con't

A combination of red state governors declaring the COVID-19 pandemic over and blue state weariness in states like New York, Illinois, Pennsylvania, and Massachusetts is leading to another completely avoidable rise in new virus cases.

Even as the pace of vaccinations accelerates in the U.S., Covid-19 cases are increasing in 21 states and highly infectious variants are spreading as governors relax restrictions on businesses like restaurants, bars and gyms.

Public health officials warn that while roughly 2.5 million people nationwide are receiving shots every day, infection levels have plateaued this month and some states have failed to reduce the number of daily cases.

The 7-day moving average of new infections plateaued at 54,666 as of Friday after declining for weeks, according to a CNBC analysis of data from Johns Hopkins University.

More than 541,000 people in the U.S. have died of the disease.

White House Chief Medical Advisor Dr. Anthony Fauci warned during a briefing on Friday that the country should not declare victory until the level of infection is “much, much lower.” Centers for Disease Control and Prevention Director Rochelle Walensky has also urged states not to reopen too quickly and undermine progress the country is making against the pandemic.

“The concern is that throughout the country, there are a number of state, city, regions that are pulling back on some of the mitigation methods that we’ve been talking about: the withdrawal of mask mandates, the pulling back to essentially non-public health measures being implemented,” Fauci said at the briefing.

“So it is unfortunate but not surprising to me that you are seeing increases in number of cases per day in areas — cities, states, or regions — even though vaccines are being distributed at a pretty good clip of 2 to 3 million per day,” Fauci added. “That could be overcome if certain areas pull back prematurely on the mitigation and public health measures that we all talk about.”

Infections are rising in the following states: Alabama; Connecticut; Hawaii; Idaho; Illinois; Maine; Maryland; Massachusetts; Michigan; Minnesota; Missouri; Montana; New Hampshire; New Jersey; New York; North Dakota; Pennsylvania; Rhode Island; Virginia; Washington; and West Virginia.

The highly contagious variant first identified in the U.K. likely accounts for up to 30% of Covid infections in the U.S. Health officials say the variant could become dominant by the end of this month or in early April.

The variant is seen as the cause of Europe’s third coronavirus wave. Several countries including France and Italy have imposed new lockdown measures to mitigate virus spread as cases surge.

 

We're in danger of rounding the corner into another, even more virulent mutation of the virus, and everyone is acting like it's over.

 

It's not.

Behind The Q-Ball

Colorado GOP Rep. Lauren Boebert continued her professional conspiracy theorist routine claiming the latest nutjob tinfoil hat goofiness, that enough Democrats would be resigning from Congress to give the GOP control over the House and Senate.

 

Congresswoman Lauren Boebert put a Q-flavored cherry atop an already controversial town hall last Monday night, when she claimed to have insider knowledge of a QAnon-linked conspiracy theory promoted by The Epoch Times that secret documents declassified in the final days of the Trump administration will expose wrongdoing by Trump’s enemies and lead to resignations and arrests, allowing Republicans to gain a majority in the U.S. House and Senate prior to the 2022 election.

Boebert, a Republican, claims her sources for this are close to Trump.

“And this is my opinion with that information that I have, I believe we will see resignations begin to take place. And I think we can take back the majority in the House and the Senate before 2022 when all of this is ended,” Boebert said at the Montrose event.

Her startling claim, first reported by Dennis Anderson of the Delta County Independent, came in response to the last question of the evening. An unidentified man wanted to know if there will ever be “perp walks” for Hillary Clinton and high-level officials like the former heads of the FBI and CIA.

 

The conspiracy can never fail, it can only be failed by improperly penitent cultists.  Steve M. understands the larger picture:

The thing is, Republicans don't want anything in between their wish list and the Democrats' wish list. They don't want half-measures. They don't want to compromise. They don't want to pull Democratic legislation a few inches to the right while leaving it mostly intact. They want it all or they want nothing.

 

And if they can't have it, they will actively destroy it and terrorize the rest of us until they win.

They love the QAnon mass-arrest fantasy in part because it allows them to imagine a world where they simply don't have to worry about the existence of an opposition party -- the Democratic Party, if their dreams come true, won't be reduced in numbers, it will be all but eliminated as a political force in America. (They've done this already at the legislative level in many states, but they can't seem to do it in Congress yet.)

They don't want to live in a world where the parties share power. They want one-party rule and nothing less.

 

When you get this, the whole Q thing makes sense. It's about control of everything, absolutely everything, and using fear and fascism to get it.

 

The Republican Mask Slips Again...

 ...And Republican Sen. Ron Johnson of Wisconsin accidentally tells the truth.

U.S. Sen. Ron Johnson is facing accusations of racism after saying the supporters of former President Donald Trump who stormed the U.S. Capitol in January didn't worry him but that he might have been concerned if they had been supporters of the Black Lives Matter movement.

"I knew those were people who love this country, that truly respect law enforcement, would never do anything to break the law, so I wasn't concerned," Johnson said about the predominantly white crowd that marched to the U.S. Capitol to overturn a presidential election and triggered an assault that left five people dead, 140 police officers injured and windows smashed.

"Now, had the tables been turned, and Joe — this is going to get me in trouble — had the tables been turned and President Trump won the election and tens of thousands of Black Lives Matter and antifa, I might have been a little concerned," Johnson said during an interview with syndicated radio show host Joe "Pags" Pagliarulo.

 

In the end, what white supremacist Republicans are terrified of the most is Black people having power, and using that power to do to white supremacist Republicans what they have been doing to us for 400 years.

 

Nothing scares them more.

 

Nothing.

"What, white people love this country and Black people don’t? That’s exactly what he’s saying," state Sen. LaTonya Johnson, a Democrat from Milwaukee who is Black, said.

Johnson, who is not related to Ron Johnson, said it wasn't Black Lives Matter protesters who triggered an insurrection that left five people dead, including a police officer.

"For him to say something as racist as that — it’s ridiculous," she said. "It’s a totally racist comment and the insult to injury is he didn’t mind saying it in the position that he holds because for some reason that’s just deemed as acceptable behavior for people who live in and are elected officials in this state."

Johnson told the Milwaukee Journal Sentinel he made the comment because, out of about 10,000 protests that took place last summer in the wake of the killing of George Floyd by a Minneapolis police officer, 570 turned violent and caused billions of dollars worth of property damage. 

 

Sure, that excuses the racism.

 

Black Lives Matter, Ron.

Cuomo's #MeToo Moment, Con't

New York Dem. Gov. Andrew Cuomo's days appear to be sharply numbered in office, now facing a possible criminal investigation related to sexual harassment accusations.

Albany Police Department officials said on Thursday that they had been notified by the New York State Police and the governor’s office about an alleged incident at the Executive Mansion involving Gov. Andrew M. Cuomo and a female aide that may have risen “to the level of a crime.” 

Steve Smith, a spokesman for the Albany police, said that the department had not received a formal complaint from the woman, who has not been identified, but that it had reached out to a lawyer for her.

This does not mean, Mr. Smith said, that the department has opened a criminal investigation, but it has offered its services to the alleged victim, “as we would do with any other report or incident.”

Albany police officials said they heard from the state police on Wednesday night after the publication of an article in The Times Union of Albany that detailed accusations leveled by an unidentified aide to the governor who accused Mr. Cuomo of groping her at the governor’s mansion, where he lives, late last year.

William Duffy, a spokesman for the State Police, confirmed the contact with the Albany department, saying it was “to facilitate a contact with the executive chamber regarding the alleged incident.”

Mr. Smith said that the deputy chief of police, Edward Donohue, who oversees the department’s criminal investigation unit, then spoke to the governor’s counsel.

The governor’s acting counsel, Beth Garvey, confirmed the conversation, saying that she had initiated the call and reported the allegations, after a lawyer for the female aide told the governor’s office that the aide did not want to file a report.

“As a matter of state policy, when allegations of physical contact are made, the agency informs the complainant that they should contact their local police department,” Ms. Garvey said in a statement. “If they decline, the agency has an obligation to reach out themselves and inform the department of the allegation.”

“In this case, the person is represented by counsel and when counsel confirmed the client did not want to make a report, the state notified the police department and gave them the attorney’s information,” Ms. Garvey added.

While the police department’s actions are part of standard procedure, the situation underscored the potential criminal exposure Mr. Cuomo faces if the aide decided to pursue charges for unwanted touching.

The aide, who is younger than Mr. Cuomo, was summoned to the governor’s private residence on the second floor to assist him with a technical issue when Mr. Cuomo reached under her blouse and began touching her, The Times Union said.

On Wednesday, the governor denied any wrongdoing.

“I have never done anything like this,” Mr. Cuomo said in a statement, adding that the report was “gut-wrenching.”

Mr. Cuomo, a third-term Democrat, said that he would not “speak to the specifics of this or any other allegation,” citing an ongoing investigation overseen by the state attorney general, Letitia James.

“I am confident in the result of the attorney general’s report,” Mr. Cuomo said.

 

Politically, I just don't see how Cuomo survives, with now a majority of NY state Democratic lawmakers calling for Cuomo's resignation.

Earlier Thursday, a group of 59 Democratic state legislators demanded Cuomo’s resignation in the wake of the allegation at the Executive Mansion.

The top Democrat in the state Assembly, Speaker Carl Heastie, said he would caucus with members Thursday to discuss “potential paths forward” in light of mounting allegations.

In New York, the Assembly is the legislative house that could move to impeach Cuomo, who has faced multiple allegations that he made the workplace an uncomfortable place for young women with sexually suggestive remarks and behavior, including unwanted touching and a kiss.

Nineteen senators and 40 Assembly members said in a letter Thursday that it was time for Cuomo to go.

“In light of the Governor’s admission of inappropriate behavior and the findings of altered data on nursing home COVID-19 deaths he has lost the confidence of the public and the state legislature, rendering him ineffective in this time of most urgent need,” the letter said. “It is time for Governor Cuomo to resign.”

 

At this point, you can start the clock on his resignation decision.  Over/under is end of the month, and I'll take the under.

A Supreme Disappointment, Con't

Supreme Court Justice Amy Comey Barrett is going to be handing down decisions for decades, and nobody should be surprised that her first missive is substantially rolling back what can be disclosed under the Freedom of Information Act, because apparently the First Amendment isn't goddamn Constitutional enough.

Justice Amy Coney Barrett penned her first Supreme Court majority opinion on Thursday, writing a 7-2 decision that will shield federal agencies from having to disclose certain materials under an exception to the Freedom of Information Act. 

Barrett's debut majority opinion came in a case that was the first she heard as a justice, back on November 2. 

The case at hand concerned FOIA, a law designed to allow the public greater access to records from the government. It mandates the disclosure of documents held by a federal agency unless they fall within certain exceptions. 

On Thursday, the court narrowed the category of documents subject to release, dealing a loss to those seeking more government transparency and who argue that FOIA was meant to lift the curtain and give the public insight into a government's decision-making process. 

The Sierra Club and other groups had brought the challenge, seeking more information about an Environmental Protection Agency 2014 rule concerning the operation of cooling water intake structures and whether they would hurt protected species. 

Specifically, the groups sought records related to the US Fish and Wildlife Service's and National Marine Fisheries Service's consultations with the EPA. Although the services turned over thousands of documents, they invoked the "deliberative process privilege" for some draft opinions. 

"The deliberative process privilege protects the draft biological opinions at issue here because they reflect a preliminary view -- not a final decision -- about the likely effect of the EPA's proposed rule on endangered species," Barrett wrote. She said the drafts by the agencies never had final approval, hadn't been sent to the EPA and were "predecisional and deliberative."

 

Never ask how the sausage is made, it's "predecisional and deliberative". Disappointed in Elena Kagan, too, as she joined the six conservatives.

 

Still, expect decades of this from Barrett.

 

Don't Care Where You Go But You Can't Stay Here

A federal judge has struck down the CDC moratorium on evictions, siding with Texas landlords in a dangerous decision that could mean the end of the Fair Housing Act and the entire Department of Housing and Urban Development. Vox's Ian Milihiser explains:

For nearly a year, millions of Americans who are unable to pay their rent due to the economic crisis triggered by Covid-19 have had some protections against eviction. Both the CARES Act, which became law last March, and the second Covid-19 relief bill, which was signed in December, included temporary moratoriums on many evictions.

In the interim periods when these statutory safeguards against eviction are not in effect — the CARES Act’s moratorium expired after 120 days, and the second relief bill’s moratorium expired on January 31 — the Centers for Disease Control and Prevention imposed a similar moratorium using its own authority, citing a federal law that permits the CDC director to “make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases.”

On Thursday evening, a Trump-appointed judge on a federal court in Texas handed down a decision that calls into question the legality of these moratoriums. Currently, there is no congressional moratorium on evictions in place, only the CDC moratorium, although it is likely that the $1.9 trillion Covid-19 relief bill currently being negotiated in Congress will implement a new statutory moratorium.

Though Judge J. Campbell Barker’s order in Terkel v. Centers for Disease Control and Prevention only explicitly strikes down the CDC’s moratorium, Barker’s opinion is fairly broad and suggests that congressional regulation of evictions may also be unconstitutional. His opinion, if embraced by higher courts, could endanger any federal regulation of the housing market, including bans on discrimination in housing.

The opinion is a mélange of libertarian tropes, long-discarded constitutional theory, and statements that are entirely at odds with binding Supreme Court decisions.

The thrust of Barker’s Terkel opinion is that the Constitution’s commerce clause, which provides that Congress may “regulate commerce ... among the several states,” is not broad enough to permit federal regulation of evictions.

But, as the Supreme Court explained in United States v. Lopez (1995), the commerce clause gives Congress broad authority to regulate the national economy — including any activity that “‘substantially affects’ interstate commerce.” Though Lopez struck down a federal law prohibiting individuals from bringing guns near school zones, the Lopez opinion emphasizes the breadth of Congress’s power to regulate the economy. “Where economic activity substantially affects interstate commerce,” Chief Justice William Rehnquist wrote for the Court, “legislation regulating that activity will be sustained.”

To get around decisions like Lopez, Barker argues that evicting someone from a home that they pay thousands of dollars a year to rent is not an “economic activity.”

“The law at issue in Lopez criminalized the possession of one’s handgun when in a covered area,” Barker wrote. “The order at issue here criminalizes the possession of one’s property when inhabited by a covered person. Neither regulated activity is economic in material respect.”

Merely quoting this argument is enough to refute it. Again, Barker claims that removing someone from a home that they rent, for money, because that individual failed to pay the agreed-upon sum of money, is not an economic activity.

But just in case it isn’t obvious that Barker is wrong, the Supreme Court’s decision in Russell v. United States (1985) directly contradicts him. Russell held that “the congressional power to regulate the class of activities that constitute the rental market for real estate includes the power to regulate individual activity within that class.”

Barker’s opinion is still wrong even if you accept his claim that evicting someone from a rental home is not an economic activity.

 

It is wrong, but if five of the Supreme Court decide it's not wrong, that housing is solely the domain of the states and that it cannot be federally regulated, well that's basically the end of the Civil Rights era. We go right back to Jim Crow if that's true. If Lopez and Russell are thrown out, then the vast majority of federal oversight vanishes.

And that brings back the worst of the bad old days.