New testimony from a number of FBI and Internal Revenue Service officials casts doubt on key claims from an IRS whistleblower who alleges there was political interference in the federal criminal investigation of Hunter Biden’s taxes.
According to transcripts provided to CNN, several FBI and IRS officials brought in for closed-door testimony by House Republicans in recent days said they don’t remember US Attorney David Weiss saying that he lacked the authority to decide whether to bring charges against the president’s son, or that Weiss said he had been denied a request for special counsel status.
Those twin claims, made by IRS whistleblower Gary Shapley, form the basis of Republican accusations that the Justice Department’s investigation into Biden’s taxes was tainted by political influence and that Weiss and Attorney General Merrick Garland tried to protect Hunter Biden in the investigation.
The new testimony comes as House Republicans begin an impeachment inquiry into President Joe Biden and his family, potentially undercutting one element of that effort.
At issue is an October 2022 meeting between prosecutors and case agents working on the Hunter Biden investigation. Shapley alleges that during that meeting, Weiss, the then-US attorney for Delaware, told participants that he was “not the deciding person” on whether Hunter Biden was charged, according to Shapley’s notes from the meeting. House Republicans have taken that to mean Weiss was not in charge of his own investigation, and was deferring to a higher authority.
In addition to Shapley and Weiss, there were five others in that meeting, three of whom have recently testified to the Republican-led congressional committees now spearheading the impeachment inquiry.
While the witnesses disputed Shapley’s key allegations from that meeting, they acknowledged Weiss was having trouble finding a venue to bring charges against the president’s son, as US attorneys from other states rejected partnering on the case. They also expressed frustration with the pace of the probe, which at that point had been ongoing for roughly four years.
Tuesday, September 19, 2023
Last Call For Hunting The Hunter, Con't
Orange Meltdown, Con't
Former President Trump is pushing his mug shot, arrests and criminal charges to try to claim new solidarity with Black voters — a group that has largely shunned him in elections.
Why it matters: Trump has latched on to a narrative promoted last month by Fox News commentators and others in conservative media — that his arrests could boost his standing among African Americans who believe the criminal justice system is unfair.
The big picture: There's little evidence he's getting an indictment bump among Black voters, despite his claim that support rose after the mug shot from his arrest in Atlanta was released. But his team believes he can make inroads with Black voters by pushing an I-am-a-victim-just-like-you storyline.
Zoom in: Trump claimed in a recent interview with conservative host Hugh Hewitt that his poll numbers among Black voters "have gone up four and five times" since his mug shot was released.That's not true, as CNN reported.
And it's unclear whether Trump's favorability with Black voters has increased beyond the 8% or so share he received in 2020. (Recent polls have suggested Trump's support among Blacks is improving, but pre-election polls in 2020 overstated his support.)
Driving the news: In recent weeks Trump has promoted videos of Black people defending him, and senior Trump advisers have kept in touch with Black celebrities who have supported him publicly.Trump campaign spokesperson Steven Cheung posted on X a TikTok video of a 34-year-old Black man saying, "We rocking with Trump, man. Even the youth, they know what time it is."
"I just think — especially, again with the (Black) men — they're going to see through" the charges against Trump, "because they've been dealing with this for a long time," Donald Trump Jr. told Newsmax.
Black artists including Lil Pump, Kodak Black and Chief Keef have posted mugshots of themselves next to Trump's, shared supportive messages, or otherwise indicated they're rooting for him. Keef mused that Trump would "run the prison" if he's convicted. Another artist, Bandman Kevo, got Trump's image tattooed on his leg.
Several artists have pointed to actions Trump took while in office, including passing the First Step Act and PPP loans, as reasons for their support.
Yes, but: Critics of the former president see irony in his push for African Americans' support.Trump is charged in Fulton County, Georgia, with trying to overturn the 2020 election results. The charges stem from an alleged conspiracy in which Trump's team sought to invalidate votes in heavily Black urban areas across the country after the election.
Democratic pollsters doubt that Trump's support among a few Black artists will help him significantly. A bigger issue in a general election matchup against President Biden could be Biden's slipping numbers with non-white voters who don't have college degrees.
"The best way to describe (Trump's) political efforts here is pissing in windmills," former South Carolina state Rep. Bakari Sellers told Axios.
"I love Kodak. I love his music, but that doesn't mean that his thoughts on Donald Trump are going to be pervasive."
Paxton, Repaxtonated, Con't
Following a secret campaign coordinated by top Trump allies, Texas state senators yesterday acquitted Attorney General Ken Paxton of all impeachment charges, allowing him to return to his post. Why it matters: The allegations against Paxton, a close ally of former President Trump, bitterly divided the Texas GOP, Jay R. Jordan of Axios Houston and Nicole Cobler of Axios Austin report.
Behind the scenes: National Republicans organized an under-the-radar campaign of outside conservative pressure on the Texas senators designed to neutralize mainstream media coverage, top strategists tell me. This outside unofficial team operated independently of the Paxton legal operation — like "a super PAC without the money," a top GOP strategist said. Pro-Paxton forces also paid social media influencers to defend the attorney general.
The team had a "very well-defined target audience … no different than a confirmation battle," the strategist said.After winning, Paxton tweeted his thanks to the conservative news outlet National Pulse, a valued player in the under-the-radar drive.
Catch me up: Senators weighed whether Paxton illegally used his office to benefit an Austin real estate developer, and improperly fired some of his top deputies who reported him to the FBI and other agencies. Despite an overwhelming majority of House Republicans voting to impeach Paxton in May, only two of 18 Republican senators voted to convict Paxton.
So ... how did that happen?
"We didn't care what the MSM (mainstream media) said," the top GOP strategist said."We basically ignored them from start to finish. Goal was to fire up the grassroots. A story in National Pulse, Post Millennial and similar publications was more valuable than any harm an A1 NYT story could do."
What we're hearing: It was made clear to Texas GOP senators that they'd face a very well-funded primary opponent in their next election if they voted to impeach.The two senators who voted to convict, Kelly Hancock and Robert Nichols, don't face re-election until 2026.
How it worked: Steve Bannon was a big Paxton backer on his WarRoom podcast.Turning Point USA's Charlie Kirk was vital, the strategist said: "He had his people posting senators' office numbers and was giving them out on his show. Driving the senators absolutely crazy."
A few days before the vote, Trump called Paxton "one of the TOUGHEST & BEST Attorney Generals in the Country" and after the vote, Trump congratulated Paxton on his "Texas sized VICTORY."
A day earlier, Paxton posted: "I'm heading to Maine next week to sit down with @TuckerCarlson."
Lt. Gov. Dan Patrick, also a Trump ally who presided over the trial, received $3 million this summer from a pro-Paxton group called Defend Texas Liberty PAC.
Monday, September 18, 2023
Last Call For All Oiled Up In Cali
Democratic California Gov. Gavin Newsom announced a lawsuit Saturday against five major oil companies and their subsidiaries, seeking compensation for damages caused by climate change.
The suit, filed in San Francisco County Superior Court by Democratic Attorney General Rob Bonta, accuses the companies of knowing about the link between fossil fuels and catastrophic climate change for decades but suppressing and spreading disinformation on the topic to delay climate action. The New York Times first reported the case Friday.
The suit also claims that Exxon, Shell, Chevron, ConocoPhillips and BP — as well as the American Petroleum Institute industry trade group — have continued their deception to today, promoting themselves as “green” with small investments in alternative fuels, while primarily investing in fossil fuel products.
It seeks to create a fund that oil companies would pay into to help the state recover from extreme weather events and prepare for further effects of climate change. It argues that California has already spent tens of billions of dollars on responding to climate change, with costs expected to rise significantly.
“The companies that have polluted our air, choked our skies with smoke, wreaked havoc on our water cycle, and contaminated our lands must be made to mitigate the harms they have brought upon the State,” the suit says.
Shell and API said the question of how to address climate change should be dealt with in the policy arena.
“We do not believe the courtroom is the right venue to address climate change, but that smart policy from government and action from all sectors is the appropriate way to reach solutions and drive progress,” Shell spokesperson Anna Arata said in an email.
“This ongoing, coordinated campaign to wage meritless, politicized lawsuits against a foundational American industry and its workers is nothing more than a distraction from important national conversations and an enormous waste of California taxpayer resources,” API Senior Vice President and General Counsel Ryan Meyers said in a statement. “Climate policy is for Congress to debate and decide, not the court system.”
California’s legal action joins dozens of similar lawsuits brought by seven other states and many municipalities seeking to hold major polluters accountable for allegedly lying about their role in causing climate change.
Shutdown Countdown, Clown Town Edition, Con't
Tell us if you’ve heard this one before: The deadline to avoid a government shutdown at the end of the month is fast approaching with little sign of how differences will be resolved.
Here’s where things stand in both chambers:
In the House: A half-dozen House Republicans on Sunday proposed a deal to temporarily fund the government until Oct. 31 to buy time for a broader spending agreement.
But it’s far from certain whether the proposal will unite the fractious GOP conference and secure the votes needed to send the bill to the Senate, where it is expected to be rejected, Leigh Ann and our colleague Marianna Sotomayor report.
The tentative agreement is an attempt to appease the conservatives, who held up all progress on government spending until they received assurances on deep spending cuts and other policies, including border restrictions.
But many in the hard-line House Freedom Caucus immediately lambasted the proposal even though Freedom Caucus leaders, Reps. Scott Perry (R-Pa.), Chip Roy (R-Tex.) and Byron Donalds (R-Fla.), negotiated the proposal with Reps. Dusty Johnson (R-S.D.), Stephanie I. Bice (R-Okla.) and Kelly Armstrong (R-N.D.) of the Republican Main Street Caucus, whose members don’t want to shut down the government.
The proposal would lead to immediate, dramatic spending cuts across the federal government, with agency budgets being slashed by 8 percent, except for the Pentagon and the Department of Veterans Affairs, which would be funded at current levels.
The continuing resolution to keep funding the government temporarily would also include a border security bill that House Republicans passed through their narrow ranks in May, while excluding the divisive E-Verify work requirement provision to check immigration status that is opposed by some Republican moderates, especially in New York and California.If this bill gets a vote and moderates accept it, they are likely to face the possibility of campaign ads highlighting that they voted for deep cuts to programs such as education, food safety and environmental protection.
The goal is to vote on the bill Thursday.
If the proposal makes it through the House, it has zero chance of passing the Senate, and it’s unclear how the two chambers will strike a deal to avoid a shutdown.
The Meat, Pressed
KRISTEN WELKER:
There are a number of things that make your campaign unprecedented. You are the first former president to run for re-election in more than a hundred years. You are facing four indictments. You have an incredibly significant lead in the GOP primary polls. But I want to ask you this, Mr. President: Why do you want to be president again?
FMR. PRES. DONALD TRUMP:
Well, it’s a very simple answer, and I can give it very easily. It’s called: “Make America Great Again.” Our country is in serious trouble. I don’t think we’ve ever been so low in terms of, certainly opinion, world opinion and country opinion. People are devastated. They look at what’s happening with millions of people coming in, millions of illegal immigrants coming into our country, flooding our cities, flooding the countryside. I think the number is going to be 15 million people by the time you end this — by the end of this year, I think the real number’s going to be 15 million people. They come from prisons. They come from mental institutions, insane asylums. They say, “Sir, please don’t use that term,” but it’s true. They’re terrorists at a level — you know, it was very interesting, on NBC, I saw a poll, and I saw some statistics, and it said in 2019, there were no terrorists. They caught no terrorists. There was nothing that they saw. There was no anything. And now, this year, it’s a record number like they’ve never seen before. So, we did a great job at the border. We did a great job with the military. We did a great job with inflation. We had essentially no inflation. We had a great economy. And, we didn’t have an Afghanistan disaster. We were getting out, but we were going to get out with dignity and pride, not the way they got out. That was a surrender, and an embarrassment, and horrible. We gave $85 billion worth of equipment to the Taliban. We had death, so much death, and so much horrible destruction. And it was a terrible thing. I think it was the lowest point in the history of our country. Now, with all of that, we can change it, and we can make America great again. And that’s why I’m doing this.
KRISTEN WELKER:
Well, of course, there’s no evidence that the president has any link to his son’s business dealings. Let me ask you, though —
FMR. PRES. DONALD TRUMP:
Well, I don’t —
KRISTEN WELKER:
– about a second —
FMR. PRES. DONALD TRUMP:
– necessarily agree.
KRISTEN WELKER:
Well, there is no —
FMR. PRES. DONALD TRUMP:
He called in. I mean, he called in to all these meetings. He was calling in on the meetings. He was put on speakerphone and — every single day and —
KRISTEN WELKER:
The witness who testified —
FMR. PRES. DONALD TRUMP:
– literally many, many calls. And what about the fact that he got rid of the prosecutor for a billion dollars? They said —
KRISTEN WELKER:
Well, the witness who testified —
FMR. PRES. DONALD TRUMP:
“You don’t get rid of this prosecutor, we’re not giving you a billion dollars to Ukraine.” He said that. I mean, there are a lot of things here, Kristen.
KRISTEN WELKER:
Mr. President, the witness who testified though, said that he never heard any discussion of business when President Biden was put on the phone. But let’s —
FMR. PRES. DONALD TRUMP:
But, wait, wait. You saw the prosecutor —
KRISTEN WELKER:
– let’s talk about —
FMR. PRES. DONALD TRUMP:
– thing on television, because I saw it on your network. He said, “You don’t get rid of this prosecutor, I’m not giving $1 billion.”
KRISTEN WELKER:
That was looked into, as well. And, as you know, there was never any wrongdoing —
FMR. PRES. DONALD TRUMP:
Oh, come on.
KRISTEN WELKER:
– determined.
FMR. PRES. DONALD TRUMP:
If I ever said that —
KRISTEN WELKER:
Let’s move on —
FMR. PRES. DONALD TRUMP:
– quid pro quo.
Lie after lie and she's all "Let's move on". And they do, to January 6th, and it's still lie after lie.
KRISTEN WELKER:
When you launched your campaign in March, you told the crowd, quote, “I am your retribution.” What does that mean? What does that look like?
FMR. PRES. DONALD TRUMP:
I think retribution is talking in terms of I have to protect people. What they’re doing to people is so horrible. They’re putting people in jail for long periods of time, firemen, policemen, accountants, even lawyers. They’re in prisons for years now and don’t even have trials in some cases. And if you look at antifa and other groups, practically nothing happened to them. They burned down Portland. They burned down Minneapolis. They took over Seattle. I mean, they literally took over a big chunk of the city. People died, and nothing happened to them. We have to protect all people.
KRISTEN WELKER:
But when you talk about retribution, are you talking about directing your attorney general to try to go after your political enemies?
FMR. PRES. DONALD TRUMP:
When I talk about retribution, I’m talking about fairness. We have to treat people fairly. These people on January 6th, they went — some of them never even went into the building, and they’re being given sentences of, you know, many years.
KRISTEN WELKER:
Are you going to pardon those people —
FMR. PRES. DONALD TRUMP:
And nothing is happening.
KRISTEN WELKER:
– who’ve been convicted —
FMR. PRES. DONALD TRUMP:
Well, I’m going to look at them, and I certainly might if I think it’s appropriate. No, it’s a very, very sad thing. And it’s — they’re dividing the country so badly, and it’s very dangerous.
KRISTEN WELKER:
Well, Mr. President, we’re going to delve into that a little bit later on, but I want to stay on this idea of what you mean by retribution. Are you looking to appoint an attorney general who will prosecute the people you tell them to prosecute?
FMR. PRES. DONALD TRUMP:
I’m looking to appoint an attorney general who’s going to be tough on crime and fair. Very simple.
KRISTEN WELKER:
And go after your political enemies?
FMR. PRES. DONALD TRUMP:
No, no. I would never do that. But Biden has done that. Look, Biden — these aren’t indictments against me. These are Biden indictments. This isn’t God coming down and very fairly said, “Oh, you spoke badly about an election.” The election was rigged. There’s no question about that. There’s so much proof on it. Even if you go to the more modern-day proof with the — they call it Twitter Files, FBI and Twitter, or you take a look at the Amazon stuff or the Google stuff, or you take a look at “2,000 Mules,” you take a look at all of the ballot stuffing that’s on tape, you take a look at the fact that the legislatures didn’t approve a lot of the things that were done in the elections, and they had to approve. And we could go on forever. We could go on forever. But, but no. I want somebody that’s going to be strong, respected, tough, and fair.
There is a raging debate over the wisdom (or lack thereof) of the media giving Trump a platform without real time fact checking. One things that is for certain is that every time the former president takes up the microphone, he makes prosecutors’ cases against him stronger. This weekend, it was Kristen Welker’s debut hosting Meet the Press on NBC. Trump told Welker that it was his decision to push the (of course, false) claim that he won the election and to try and overturn the results. “It was my decision, but I listened to some people,” he said. So much for any defense that Trump was relying on the advice of counsel.
To convict Trump, both Jack Smith and Fani Willis will have to prove that he knew he lost the 2020 election. January 6 committee reporting revealed that Trump was advised he’d lost by his lawyers, his campaign staff, and his numbers guy, to say nothing of every judge (including ones he’d appointed) who handled his many cases in court. His own appointees at the Department of Homeland Security said the election had not been tainted by fraud and was highly secure. But Trump insisted to Welker that in his mind, it all added up to the conclusion that “the election was rigged.” Trump continued, “You know who I listen to? Myself. I saw what happened.” The case gets stronger every time Trump opens his mouth.
Sunday, September 17, 2023
Last Call For A Stone Rolled Out
Rolling Stone magazine co-founder Jann Wenner managed to roll his nearly six-decade music journalism legacy off a cliff over the the space of 24 hours because he decided that white men were the only people who mattered in the history of rock 'n' roll.
Jann Wenner, the co-founder of Rolling Stone magazine, has been removed from the board of the Rock & Roll Hall of Fame Foundation, which he also helped found, one day after an interview with him was published in The New York Times in which he made comments that were widely criticized as sexist and racist.
The foundation — which inducts artists into the hall of fame and was the organization behind the creation of its affiliated museum in Cleveland — made the announcement in a brief statement released Saturday.
“Jann Wenner has been removed from the board of directors of the Rock & Roll Hall of Fame Foundation,” the statement said. Joel Peresman, the president and chief executive of the foundation, declined to comment further when reached by phone.
But the dismissal of Mr. Wenner comes after an interview with The Times, published Friday and timed to the publication of his new book, called “The Masters,” which collects his decades of interviews with rock legends like Bob Dylan, Mick Jagger, John Lennon, Bruce Springsteen and Bono — all of them white and male.
In the interview, David Marchese of The Times asked Mr. Wenner, 77, why the book included no women or people of color.
Regarding women, Mr. Wenner said, “Just none of them were as articulate enough on this intellectual level,” and remarked that Joni Mitchell “was not a philosopher of rock ’n’ roll.”
His answer about artists of color was less direct. “Of Black artists — you know, Stevie Wonder, genius, right?” he said. “I suppose when you use a word as broad as ‘masters,’ the fault is using that word. Maybe Marvin Gaye, or Curtis Mayfield? I mean, they just didn’t articulate at that level.”
Mr. Wenner’s comments drew an immediate reaction, with his quotes mocked on social media and past criticisms unearthed of Rolling Stone’s coverage of female artists under Mr. Wenner. Joe Hagan, who in 2017 wrote a harshly critical biography of Mr. Wenner, “Sticky Fingers,” cited a comment by the feminist critic Ellen Willis, who in 1970 called the magazine “viciously anti-woman.”
In a statement issued late Saturday by a representative for Little, Brown and Company, the publisher of his book, Mr. Wenner said: “In my interview with The New York Times I made comments that diminished the contributions, genius and impact of Black and women artists and I apologize wholeheartedly for those remarks.
“‘The Masters’ is a collection of interviews I’ve done over the years,” he continued, “that seemed to me to best represent an idea of rock ’n’ roll’s impact on my world; they were not meant to represent the whole of music and its diverse and important originators but to reflect the high points of my career and interviews I felt illustrated the breadth and experience in that career. They don’t reflect my appreciation and admiration for myriad totemic, world-changing artists whose music and ideas I revere and will celebrate and promote as long as I live. I totally understand the inflammatory nature of badly chosen words and deeply apologize and accept the consequences.”
Unionized, Ionized, And Galvanized
NY Times business reporter Jack Ewing figures that targeted walkout by UAW members over pay and conditions in the Big Three automakers are really the fight over whether or not the auto industry can survive against Tesla and foreign, non-union automakers like Hyundai and still stay in business after converting gas-guzzling fleets to electric vehicles.
Nearly 13,000 U.A.W. workers walked off the job at three plants in Ohio, Michigan and Missouri on Friday after talks between the unions and the companies in three separate negotiations failed to result in agreements before a Thursday deadline. Pay is one of the biggest sticking points: The union is demanding a 40 percent pay increase over four years but the automakers have offered roughly half as much.
But the talks are about more than pay. Workers are trying to defend jobs as manufacturing shifts from internal combustion engines to batteries. Because they have fewer parts, electric cars can be made with fewer workers than gasoline vehicles. A favorable outcome for the U.A.W. would also give the union a strong calling card if, as some expect, it then tries to organize employees at Tesla and other nonunion carmakers like Hyundai, which is planning to manufacture electric vehicles at a massive new factory in Georgia.
“The transition to E.V.s is dominating every bit of this discussion,” said John Casesa, senior managing director at the investment firm Guggenheim Partners who previously headed strategy at Ford Motor.
“It's unspoken,” Mr. Casesa added. “But really, it’s all about positioning the union to have a central role in the new electric industry.”
Under pressure from government officials and changing consumer demand, Ford, G.M. and Stellantis are investing billions to retool their sprawling operations to build electric vehicles, which are critical to addressing climate change. But they are making little if any profit on those vehicles while Tesla, which dominates electric car sales, is profitable and growing fast.
Ford said in July that its electric vehicle business would lose $4.5 billion this year. If the union got all the increases in pay, pensions and other benefits it is seeking, the company said, its workers’ total compensation would be twice as much as Tesla’s employees.
Union demands would force Ford to scrap its investments in electric vehicles, Jim Farley, the company’s chief executive, said in an interview on Friday. “We want to actually have a conversation about a sustainable future,” he said, “not one that forces us to choose between going out of business and rewarding our workers.”
For workers, the biggest concern is that electric vehicles have far fewer parts than gasoline models and will render many jobs obsolete. Plants that make mufflers, catalytic converters, fuel injectors and other components that electric cars don’t need will have to be overhauled or shut down.
Many new battery and electric vehicle factories are springing up and could employ workers from the plants that have shut down. But automakers are building most aggressively in the South where labor laws are tilted against union organizers, rather than in the Midwest, where the U.A.W. has more clout. One of the union’s demands is that workers in the new factories be covered by the automakers’ national labor contracts — a demand that the automakers have said they can’t meet because those plants are owned by joint ventures. The union also wants to regain the right to strike to block plant shutdowns.
“We are at the dawn of another industrial revolution and the way we’re going is the way we went in the last industrial revolution — a lot of profit for a few and misery and not good jobs for the many,” said Madeline Janis, executive director of Jobs to Move America, an advocacy group that works closely with the U.A.W. and other unions.
“The U.A.W. is really taking a stand for communities across the country to make sure this transition benefits everybody,” Ms. Janis added.
Automakers have been racking up record profits during the last decade, but they cannot afford to lose time from work stoppages in their race to compete with Tesla and foreign automakers.
Sunday Long Read: Ore-Gone Next Door
The Snake River has formed the border of Oregon and Idaho for more than a century and a half, slicing through fields of onions, sugar beets and wheat that roll out for miles through Treasure Valley.
Here on the Oregon side, where Bob Wheatley has lived his entire life, are a collection of high-end cannabis shops, a new Planned Parenthood clinic, and gas prices a dollar higher than those just over the river.
Across the river in the town of Fruitland, in western Idaho, new housing subdivisions stretch out for miles from the main streets. Agriculture, bottling and construction businesses that just months ago were based in Oregon are thriving. One of Fruitland’s new problems is building enough schools to accommodate the out-of-state arrivals, many of them from Oregon.
“Things have changed,” said Wheatley, who retired recently after five decades as a local pharmacist. “And it’s the politics that have changed fastest.”
So far 12 counties in central and eastern Oregon have voted in favor of local ballot measures that compel county leaders to study the idea of moving the border about 270 miles west. The movement envisions 14 full counties joining Idaho, along with parts of others.
A 13th county is scheduled to take up the question on the May 2024 ballot. The region accounts for less than 10 percent of Oregon’s population, but most of its territory.
The push to change the border is rooted in policy differences and a sense that, in Oregon, there will be no way for conservatives to influence the laws and regulations made by the elected representatives of the far more numerous Democratic voters who live on the western side of the Cascades.
Idaho offers a much more comfortable political home for eastern Oregon’s conservatives, who live in many of the most racially homogenous counties in the state. In nearly every county that has voted to explore joining Idaho, White residents account for more than 80 percent of the population.
The political contrast between the states is stark.
Oregon Democrats have a more than 30 percent edge in voter registration over Republicans, and Joe Biden won the state by 16 percentage points in 2020. Idaho offers a mirror image: Republican voters outnumber Democrats more than 5 to 1, and Donald Trump defeated Biden by 30 percentage points. Both states have sent two senators from the same party to Washington — Democrats in Oregon, Republicans in Idaho.
At 74, Wheatley has been considering a move across the river for years, returning his wife, Chrystine, a retired nurse, to the state where she grew up. But he could not sell his home for enough money to buy something comparable in Fruitland, where prices are rising because of the Oregon arrivals.
So, in late 2020, Wheatley, never before a political activist, volunteered to gather signatures to place a measure on the May 2021 ballot compelling Malheur County commissioners to study joining Idaho. It passed easily.
“I told Chrys, ‘I can’t move you, but maybe I can move the border,’” Wheatley said. “So that’s what we’re trying.”
These twin towns across an old border straddle a seam in the nation’s deepening political polarization, neighboring opposites living under starkly different laws. The river separates states that, perhaps more than in any other part of the nation, embrace the two parties’ most extreme positions on gun control, abortion rights, environmental regulation, drug legalization and other issues at the center of the American political debate.
The result in eastern Oregon, from the volcanic Cascade Range to this border town, is a sense of profound political alienation. The disaffection among conservatives has spawned a movement to change the state’s political dynamic in a novel if quixotic way — rather than relocate or change the politics, which seems impossible to many here, why not move the border and become residents who live under the rules of Idaho?
This is no small task.
Both the Oregon and Idaho state legislatures, which are controlled by Democrats and Republicans respectively, would have to approve a border shift, which in this case would be the most significant geographically since western states began forming in the mid-19th century. The issue would then go to the U.S. Congress.
But, as more than two dozen interviews across the state made clear, there is momentum behind the cause among a lightly populated region of ranch land, swift rivers, and vast pine forests. It is known formally as the Greater Idaho movement.
Saturday, September 16, 2023
Last Call For Paxton, Repaxtonated
Impeached Texas Attorney General Ken Paxton was acquitted on 16 impeachment articles on Saturday, thwarting an effort to remove him from office over allegations of corruption.
"Attorney General Warren Kenneth Paxton Jr. is hereby, at this moment, reinstated to office," said Lt. Gov. Dan Patrick, the Republican president of the Senate who also presided over the trial.
While two Republican senators broke with their party to vote for conviction on some articles of impeachment, the vast majority of Paxton's party voted to acquit him following a two-week trial and a day of deliberations behind closed doors. Four impeachment articles that had been put on hold during the trial were dismissed immediately after the acquittal vote.
Paxton had been suspended without pay from his post after he was impeached in the Republican-controlled Texas House of Representatives in May by an overwhelming vote.
"The attorney general is excited and ready to get back to work, and that's what he's gonna do," said Paxton attorney Tony Buzbee.
Paxton, who attended just two days of the trial and was not present to witness his exoneration, was characteristically defiant.
“The sham impeachment coordinated by the Biden Administration with liberal House Speaker Dade Phelan and his kangaroo court has cost taxpayers millions of dollars, disrupted the work of the Office of Attorney General and left a dark and permanent stain on the Texas House,” Paxton said in a statement. “The weaponization of the impeachment process to settle political differences is not only wrong, it is immoral and corrupt.”
The dramatic votes capped a two-week trial where a parade of witnesses, including former senior officials under Paxton, testified that the attorney general had repeatedly abused his office by helping his friend, struggling Austin real estate investor Nate Paul, investigate and harass his enemies, delay foreclosure sales of his properties and obtain confidential records on the police investigating him. In return, House impeachment managers said Paul paid to renovate Paxton’s Austin home and helped him carry out and cover up an extramarital affair with a former Senate aide.
In the end, senators were unpersuaded.
"This should have never happened," Sen. Bob Hall, R-Edgewood, told reporters outside the chamber. He criticized what he called a rushed and flawed investigation by the House.
But acquittal was not a foregone conclusion during the eight hours of deliberation, Sen. Royce West said. The Democrat from Dallas said some Republicans supported conviction but switched their votes when it became clear it did not have the required two-thirds support.
Orange Meltdown, Con't
Citing threats against individuals former President Donald Trump has targeted, special counsel Jack Smith has asked a federal judge for a narrowly tailored gag order that restricts the 2024 presidential candidate from making certain extrajudicial statements about the election interference case brought against him.
A redacted copy of a government filing — released Friday, after an order from U.S. District Judge Tanya Chutkan — comes in connection with the election interference case, one of four criminal cases the former president is facing, two of which are federal.
“The defendant has an established practice of issuing inflammatory public statements targeted at individuals or institutions that present an obstacle or challenge to him,” the special counsel's office wrote.
The government said Trump "made clear his intent to issue public attacks related to this case when, the day after his arraignment, he posted a threatening message on Truth Social."
Trump's Aug. 4 post read: "IF YOU GO AFTER ME, I'M COMING AFTER YOU!"
Trump, the office wrote, "has made good on his threat," spreading "disparaging and inflammatory public posts on Truth Social on a near-daily basis regarding the citizens of the District of Columbia, the Court, prosecutors, and prospective witnesses.
"Like his previous public disinformation campaign regarding the 2020 presidential election, the defendant’s recent extrajudicial statements are intended to undermine public confidence in an institution—the judicial system—and to undermine confidence in and intimidate individuals—the Court, the jury pool, witnesses, and prosecutors," the prosecutors wrote.
At an event in Washington, Trump made his first public remarks on the filing by attacking Smith, arguing that the special counsel "wants to take away my rights under the First Amendment, wants to take away my right of speaking freely and openly."
Steven Cheung, a spokesperson for the Trump campaign, responded earlier Friday by calling the filing "nothing more than blatant election interference because President Trump is by far the leading candidate in this race."
Maybe Trump will eventually be convicted and imprisoned. But for now, he's playing these people for fools. He engages in harassment and intimidation, and that becomes news; the system tries to rein him in, and that becomes news; he whines that he's being censored, and that's news, too -- and then, if there is a limited gag order, he'll really complain about censorship (news again) and then defy the order (also news). And the court probably won't have the courage to do the one thing that might stop the harassment and intimidation, which is to jail him for a few days, but either way he wins: either he beat the system or he's a political prisoner.
And this is just one of his cases. They're all going to be like this as the trials approach (and then there'll be the trials).
Trump shouldn't be allowed to get away with the things he's done, obviously, but I wonder if the legal system has guaranteed his nomination (and possibly smoothed his path to another general-election win) by rallying right-wingers and right-centrists to his cause. Would he have been easier to beat in the primaries if he'd never been indicted? I think he still would have won the nomination, though I'm not sure. It's obvious that he's coasting to a primary victory because he's up on charges. Let's hope he doesn't coast to a general-election victory for the same reason -- because he's rallied more voters to his side than the lackluster Biden.
Our Little White Supremacist Domestic Terrorism Problem, Con't
Prosecutors and FBI agents involved in the Hunter Biden investigation have been the targets of threats and harassment by people who think they haven’t been tough enough on the president’s son, according to government officials and congressional testimony obtained exclusively by NBC News.
It’s part of a dramatic uptick in threats against FBI agents that has coincided with attacks on the FBI and the Justice Department by congressional Republicans and former President Donald Trump, who have accused both agencies of participating in a conspiracy to subvert justice amid two federal indictments of Trump.
The threats have prompted the FBI to create a stand-alone unit to investigate and mitigate them, according to a previously unreleased transcript of congressional testimony.
“We have stood up an entire threat unit to address threats that the FBI employees’ facilities are receiving,” Jennifer L. Moore, then an executive assistant director of human resources for the FBI, told the House Judiciary Committee in June. “It is unprecedented. It’s a number we’ve never had before.”
“It’s going to be about 10 people when it’s finished,” she said. “We are still in the process of staffing it right now. But their sole mission on a daily basis is threats to FBI employees at facilities.”
Moore told lawmakers that threats to FBI agents and facilities had more than doubled — there were more in the six months from October to March than in the previous 12 months. More recent data was not available; officials say the pace of threats increased after the FBI investigations of Trump became public last summer and has not slowed since.
The FBI declined to comment.
Natalie Bara, president of the FBI Agents Association, a nonprofit group that advocates for current and retired agents, said in a statement, “FBI Special Agents and their families should never be threatened with violence, including for doing their jobs. This is not a partisan or political issue. Calls for violence against law enforcement are unacceptable, and should be condemned by all leaders.”
Federal prosecutor Lesley Wolf, who had been part of U.S. Attorney David Weiss’ team investigating Hunter Biden, got such a barrage of credible threats that she sought security help from the U.S. Marshals Service, according to previously unreleased testimony from an FBI official to the House Judiciary Committee last week. Two IRS agents on the case have accused Wolf of making decisions that appeared favorable to Biden. A Justice Department spokesman declined to comment.
Special counsel Jack Smith and his team have long been protected by an armed security detail, as is Robert Hur, the special counsel appointed to investigate classified documents found at President Joe Biden’s home and office.
On Thursday, the Atlanta office of the FBI said in a statement that it is aware of threats of violence against officials in Fulton County, Georgia, and is working with the county sheriff's office. Trump and 18 other defendants face state charges in Fulton County in connection with alleged election interference.
The field office declined to provide details of any investigations, but said, "[E]ach and every potential threat brought to our attention is taken seriously. Individuals found responsible for making threats in violation of state and/or federal laws will be prosecuted."
Friday, September 15, 2023
Last Call For Trump Cards, Con't
An appellate judge has taken the remarkable step of hitting pause on the New York Attorney General’s upcoming bank fraud trial against Donald Trump—granting the former president’s request in a surprise hearing on Thursday that was closed off to the public.
Now, a full five-judge appellate panel is set to make a decision that could fundamentally alter the case on the eve of trial. And if they take longer than a few days, it will delay the trial altogether.
Appellate Justice David Friedman’s rapid decision—following a brief 3:45 p.m. virtual hearing—acquiesced Trump’s frantic last-minute attempt to derail a trial that threatens to destroy his corporate empire. The former president’s lawyers have turned the heat on the judge overseeing this case—by suing him directly.
Trump was represented by Florida attorney Christopher Kise, according to court employee conversations overheard by this reporter. According to paperwork obtained by The Daily Beast, three lawyers from the AG’s office were also present at the virtual hearing.
Shortly after the appellate judge’s decision, Attorney General Letitia James released a statement, saying, “We are confident in our case and will be ready for trial.”
In an emergency court filing Thursday morning, attorneys for the former president and his associates cited an “urgency” that required New York’s higher courts to step in. They want an appellate judge to commence an “Article 78 special proceeding” against Justice Arthur F. Engoron, one that would force him to decimate a case brought by the AG.
“Although he has yet to perform his lawful duty, Justice Engoron plans to proceed with the trial of the Attorney General’s claims on October 2, 2023—just nineteen days from the date of this petition,” attorneys Clifford S. Robert and Michael Madaio wrote.
It’s a rare move of aggression—particularly this close to trial, which was set to start on Oct. 2. But this has become Trump’s preferred strategy in recent months, a far-fetched gamble he’s currently trying against federal judges in Washington and West Palm Beach who remain utterly unswayed by his relentless attempts to violate their orders and delay cases.
Trump’s lawyers filed a case before New York’s First Department appellate court, which has repeatedly weighed in on this Trump case and many others originating from Manhattan.
Thursday’s court filing claims Engoron and James are both acting to defy appellate orders that could narrow the AG’s behemoth bank fraud lawsuit, putting the judge in the awkward position of having to use lawyers to defend himself alongside the AG. He is expected to be represented by the local court administration’s own lawyers.
Trump’s legal team says Engoron is overstepping his authority, and they want an appellate judge to put him in his place. It’s the latest escalation against the trial court judge, who has increasingly grown tired of their delay antics.
This summer, a state appellate court ordered Engoron to figure out which real estate deals by the Trump Organization are too old for the AG to examine for potential bank and insurance fraud. The judge has yet to draw a cutoff, even though he is expected to do so in the coming days.
But Team Trump can’t wait, and they’re itching to use this as a method to push back the trial. When they requested a three-week delay, Engoron immediately shot that down.
In Thursday’s court filing, the Trump lawyers complained about the way Engoron was “terse” in his curt, nine-word order in which he simply wrote, “Decline to sign; Defendants’ arguments are completely without merit.”
They argued that the judge’s “summary rejection… demonstrates he has no intent to do so and deems the notion that he is bound by this court’s mandate to be ‘completely without merit,’” framing Engoron’s decision as an act of defiance.
The defense lawyers represent the former president, his sons Don Jr. and Eric, Trump Organization executives Allen Weisselberg and Jeffrey McConney, and various corporate entities.
The judge who made the decision to halt the trial, Friedman, has reputation as a tough-on-crime judge who was appointed by Republican New York Gov. George Pataki in 1999.
Hunting The Hunter, Con't
President Joe Biden's son Hunter Biden has been indicted by special counsel David Weiss on felony gun charges.
The charges bring renewed legal pressure on the younger Biden after a plea agreement he struck with prosecutors imploded in recent months.
The younger Biden has been charged with two counts related to false statements in purchasing the firearm and a third count on illegally obtaining a firearm while addicted to drugs. The three charges carry a maximum prison sentence of 25 years, when added together.
Prosecutors have spent years scrutinizing Hunter Biden's business endeavors and personal life -- a probe that appeared to culminate in a plea agreement the two sides struck in June, which would have allowed him to plead guilty to a pair of misdemeanor tax offenses and enter into a pretrial diversion program to avoid prosecution on a felony gun charge.
But that deal fell apart during a court hearing in July after U.S. Judge Maryellen Noreika expressed concern over the structure of the agreement and questioned the breadth of an immunity deal, exposing fissures between the two parties.
Weeks later, on Aug. 11, Attorney General Merrick Garland elevated Weiss, who was originally appointed by then-President Donald Trump, to special counsel, granting him broader authority to press charges against Hunter Biden in any district in the country.
Prosecutors subsequently informed the court that a new round of negotiations had reached "an impasse," and attorneys for Hunter Biden accused Weiss' office of "reneging" on their agreement.
There’s something missing from coverage of the claim, made in the second-to-last sentence of a Speedy Trial filing submitted Wednesday, that David Weiss will indict Hunter Biden before September 29, when — according to calculations laid out by prosecutor Leo Wise in the filing — the Speedy Trial Act mandates an indictment.
None of the coverage has considered why David Weiss hasn’t already charged the President’s son.
The filing was submitted in response to an August 31 order from Judge Maryellen Noreika; its very last sentence politely asked her to butt out: “[T]he Government does not believe any action by the Court is necessary at this time.” Given the unusual nature of this legal proceeding, there may at least be question about Wise’s Speedy Trial calculations. One way or another, though, the Speedy Trial clock and the statute of limitations (which Wise said in July would expire on October 12) are ticking.
It would take probably half an hour to present the evidence for the weapons charge — which would consist of the form Hunter signed to purchase a gun, passages from Hunter’s book, a presumed grand jury transcript from Hallie Biden, and testimony from an FBI agent — to a grand jury. It would take maybe another ten minutes if Weiss wanted to add a false statements charge on top of the weapons charge. There certainly would be no need for a special grand jury.
Any tax charges would be more complicated, sure, but they would be in one or another district (probably Los Angeles), ostensibly severed from the weapons charge to which the misdemeanors planned as part of an aborted plea deal were linked.
So why wait? Why not simply indict and avoid any possible challenge to Speedy Trial calculations?
The answer may lie in something included in a long NYT story citing liberally from an anonymous senior law enforcement official who knew at least one thing that only David Weiss could know. That story explains that Weiss sought Special Counsel status, in part, to get, “added leverage in a revamped deal with Mr. Biden.”
If Weiss indeed sought Special Counsel status to get leverage for a deal, then at least last month when he asked for it, he wasn’t really planning on indicting Hunter Biden. He was hoping to get more tactical leverage to convince Hunter Biden to enter into a plea agreement that would better satisfy GOP bloodlust than the plea that failed in July.
Now he has used the opportunity presented by Noreika’s order to claim he really really is going to indict Hunter, a claim that set off predictably titillated reporting about the prospect of a Hunter Biden trial during the presidential election.
Again, if you’re going to charge Hunter Biden with a simple weapons charge, possibly a false statements charge, why not do it already, rather than threatening to do it publicly? Why not charge him in the week after Noreika entered that order, mooting all Speedy Trial concerns?
Gearing Up For A Strike
As the United Auto Workers union is poised to go on a targeted strike against Detroit’s three biggest automakers at midnight Friday morning, Biden administration officials are preparing economic measures to protect suppliers to the auto industry from long-term damage, according to three people aware of internal conversations.
While the administration is not expected to intervene in a strike, Biden aides are worried that a protracted walkout could wipe out the thousands of suppliers that depend on business from the three key automakers, Ford, General Motors and Stellantis, said the people, who spoke on the condition of anonymity to describe private deliberations. Widespread failure of these smaller supplier firms — which number as many as 5,600 — could impede the broader U.S. auto supply chain even after the possible strike ends, according to the people.
It is unclear what form the aid would take, but one option would be for the Labor Department to provide grants to assist workers at firms affected by a strike, two of the people said. Another option could be for the Small Business Administration to provide favorable loans to these firms. The discussions about these measures are preliminary, and talks remain fluid.
“The administration wants to be sure to do what it can to protect the Detroit supply chains,” one administration ally said. This person also spoke on the condition of anonymity to describe private conversations. “They have to worry about how some of the less well-capitalized firms could be at risk.”
A White House spokeswoman declined to comment on any internal planning.