Sunday, October 23, 2022

This 2022 Midterms Cycle Matters, Our Lives and Freedoms Literally On the Line

Early voting for the 2022 Midterms has already started across several states, meaning we are in the final round of finding out whether America survives the Far Right attempts to degrade our democracy into a nightmare.

Every election cycle, I've been like this: anxious and hopeful and terrified and heartbroken and angry. I haven't felt safe about any election year since 2010, ever since the gaslighting of the Fox Not-News faithful using Tea Party rabble to distort the realities of an Obama administration's efforts to rebuild from the tax-cutting and deregulatory failures and wartime mismanagement of the Dubya years.

And here we are again, on the edge of an election that the polling is telling us is siding just a little bit towards the Republicans gaining some serious wins at the state and federal level that should be impossible in any sane reality, after all the damage trump and his wingnut allies have done and are still doing to the American body politic.

I know, I know: after almost a full decade of getting told how fucked up our nation's political narratives are, and how partisan and deadlocked most voters have become - mostly thanks to that Far Right Narrative overwhelming everyone's senses - I ought to be used to this situation. However, it just unsettles the mind and the soul how broken everyone else around me has to be; in order to view the Republicans' open agenda to destroy democracy, turn women into second-class breeding stock, gut Social Security and Medicare, and break the federal government in order to build a Christianist Fascist utopia dystopia as somehow "normal political campaigning".

/headdesk 

It's no secret what would happen if the Republicans even reach their modest goal of flipping the U.S. House to their control. Not only with the obvious agenda of forcing President Biden to surrender on the Far Right economic goals of nuking Medicare and Social Security, but also with the plan to humiliate Biden by attacking Biden's family especially his son Hunter. 

The Far Right still believes that all of the criminal and civil investigations into donald trump - and on trump's family, who are involved in most of what trump's done the last 20 years - are all partisan attacks on an "innocent" and "clearly great, God-anointed" trump. Never mind there are honest-to-God allegations into trump's illegal misdeeds: To the Far Right, none of those investigations and charges are legal. And so, they must have revenge.

Therefore, attacking Biden - and Biden's family - in the same manner as the attacks on trump is all fair game. There's already been a long investigation into Hunter Biden and his business dealings, which will arguably get dragged up in House Committee sessions meant to embarrass Hunter and by proxy his President dad. We'll even get Hunter Biden's laptop - a key piece of Qanon conspiracy-mongering which the FBI refused to touch because there's solid evidence too many other people have gotten access to it and meddled with its files, as well as the possibility the laptop is a Russian disinfo campaign - shoved down our throats every day of the week by gleeful GOP hacks in both Congress and mainstream media.

The House Republicans are already primed to file Impeachment proceedings on Biden and Vice President Harris, simply for winning the Presidency in 2020. Not only to promote the Big Lie that trump "really won" because of stolen ballots (or fake ballots, or the Ballot Fairy jinxing trump, or...), but in order to override the election results and put a Republican replacement - the House Speaker thanks to the 25th Amendment - in the White House in spite of the 81 million Americans who voted Biden/Harris. Don't be surprised if the Republicans win the House that they put donald trump in as Speaker - it's not a joke, ANYONE could be made Speaker it doesn't have to be an elected Representative - and then force Impeachment votes to oust Biden/Harris every chance they get.

It'll be a big stunt, the constant impeaching, because unless the Republicans win 2/3rds control of the Senate neither Biden nor Harris will get removed. But to the Far Right, humiliating Biden every time will be worth it. Five impeachments, twenty impeachments, fifty impeachments, it won't matter if they stick or not. Making Biden the most-impeached President ever - to undo the historic infamy laid on trump's twice-impeached ass - without just cause will still be worth it, because the GOP will think the history books will ignore the real reasons why (that House Republicans were partisan assholes), they will only see the impeachment counts and deem Biden the "worst-ever" just on that.

And that's all we'll really get in a Republican-controlled House. No reforms, no sensible legislation, no bipartisan dealings. They will attack and obstruct Biden at all costs, even including government shutdowns over the debt ceiling to derail our economy in the belief that those shutdowns will kill any Biden re-election hopes in 2024. The GOP even hopes their efforts to force the U.S. government to default period will work, because it will kneecap a federal government they would love to drown in Grover Norquist's bathtub. And they will never get the blame for it.

If there's any good news this midterms cycle, it's the belief from most polling that the U.S. Senate will stay Democratic. However, there is no guarantee of that. If the Republicans gain control of BOTH houses of Congress, things will get dramatically worse. A Republican Senate will deny Biden ANY further judicial appointments, and even deny him any Cabinet postings if he has to replace a department head. The Republican Congress will pass legislation looking to undo every Democratic gain made under Biden, even the infrastructure bills that promise to rebuild the entire nation. They will seek to repeal (and not replace) Obamacare again. They will pass a national abortion ban, and national bans on transgender rights and medical procedures, and an assault on any education that would dare teach the dangers of racism. They will do this knowing Biden will be there to veto all of it, but even then they will use the threat of shutdown and federal default to get Biden to "compromise" on something that will hurt people to satisfy Republican cruelty.

And Gods help us at the state level if Republicans retain control of most of our states. They're already making women suffer with their anti-abortion laws, and they are looking at ways of making it worse for women. Republican-led states are getting caught defrauding the poor families, or failing to help the citizenry recover after disasters, or allowing gun violence in our schools with nary a concern at the death tolls.

I have some hope that not all of that will happen. Voter turnout for early polling is at 2018 levels, which resulted in a nice Blue Wave for the Democrats. There's evidence from the surprising Kansas voter turnout by women in the primary cycle that suggests a lot of angry women are voting Blue to help restore Roe and abortion rights. Turnout is the one best thing the Democrats have against the GOP onslaught against our entire nation's rights.

So again I implore the plurality of Americans who are registered Democrats: GET THE DAMN VOTE OUT. I implore the majority of Americans who favor the woman's rights to choose: GET THE DAMN VOTE OUT. I implore the majority of Americans who want gun reforms: GET THE DAMN VOTE OUT. I implore the majority of Americans who want more taxation and financial regulation on the wealthy: GET THE DAMN VOTE. And for the Love of GOD, vote Democratic across the entire ballot.

This election matters, more than any other previous election our nation has seen since 1860.

We dare not let the cruelty and greed of the Republican Party to win in any way this year.

Thursday, October 20, 2022

Truss is Toast, But Where Does That Leave the UK?

It's a bit worse than that. After my check-in with British politics showing Prime Minister Liz Truss - barely a month into her tenure - facing collapse of her government already, Truss was measured up to a head of lettuce - to see if a fresh head of lettuce could outlast her - and failed, miserably (via Helen Lewis at the Atlantic):

...Six days ago, Liz Truss’s leadership was in such trouble that a British tabloid began a livestream to test a simple proposition: Could the shelf life of a supermarket vegetable outlast her time as prime minister?

Today, the lettuce looked a little bruised, but it could still be incorporated into a healthy salad. Sadly, Liz Truss serves no such useful purpose. At 1:30 p.m. London time, she announced that she was leaving office. Her replacement will be elected next week.

The saga of Liz and the lettuce tells us many things about British political culture, one of which is its taste for lousy jokes. How was the Brexiteer Liz Truss brought down? A Romaine plot. Why did she make so many mistakes? Just cos. Was her decision to give a tax cut to the rich her fatal error? No, it was just the tip of the iceberg. Be thankful there aren’t more varieties of lettuce...

What went wrong? As I wrote earlier this week, everything. Her economic plans made the markets shudder. Her staffing decisions alienated her colleagues. Her poll numbers suggested that the Conservatives were heading for an electoral wipeout. Britain’s economic situation is extremely precarious: Inflation is higher than 10 percent, food banks are warning about elevated demand, and there is a small possibility of electricity blackouts over the winter. Yet despite the widespread fear these things engender, in the end, so much went wrong for Truss that people kept telling me they felt sorry for her. She was absolutely hopeless...

It's been noted that in reference to the short career of Scaramucci (11 days), Liz Truss lasted about 4 Scaramuccis. Hardly the best thing for her resume. Truss' tenure was so short the political biographies on her getting rushed out to the bookstores for Christmas are already obsolete.

That all said, the question now is "Who is foolish enough to replace her as Prime Minister?"

I mentioned this in the last article: This whole fiasco "...Exposes the Conservatives with the painful reality that they have ousted two Prime Ministers within within 6 months of each other, and creating a leadership crisis among factions who are fighting amongst themselves for high office. A situation that will consume the next unlucky soul who signs up as PM because their party's Brexit platform will condemn that fool to more failure."

In a horrifying development, Boris Johnson is eyeing a return to the job that his own party drove him from three months ago. He still has a fanbase within the Tory ranks, even though enough of the Conservatives were sick of Boris' constant scandalous behavior and constant lying. It's as though Boris is thinking "Well, they've seen the worst of what my replacement Liz has done, surely they will forgive me and bring me back to power."

That is, of course, utter madness (and a terrifying sign of Boris' narcissism). One of the reasons the Conservatives are down in the polls is the loss of trust that happened on Johnson's watch. There are no signs that the British voters are willing to forgive Boris for his failures getting his Brexit plans to work, and especially not about to forgive him for his mishandling of the COVID pandemic and the self-serving scandals that doomed him.

When Boris faced his No Confidence vote in June 2022, it was followed by a series of party-breaking resignations that threatened to gut his Cabinet and wreck whatever government he could form, which drove him to resign (although he took all summer to do so). There are no signs that Boris can form a new government today. The Tories themselves are so divided by factions that if Boris forces himself back into the big chair that one of those factions will split off and wreck the weakening Conservative majority, forcing a special election now instead of 2024.

Even if it isn't Boris retaking 10 Downing Street, whomever does get the job faces the same problem of either major faction - either the Ultra Brexits who want their utopia, or the moderates looking to rebuild a trade deal with the European Union that could regain some economic stability (what a Soft Brexit could have been) - splitting off out of sheer spite. Whatever happens, this current situation is untenable, but the Conservatives are so bound to their Brexit fantasies that they cannot stop themselves.

This clown car is still falling off the cliff, everybody. It's a question of how sharp the jagged rocks are below.

Saturday, October 15, 2022

Liz Truss Is In Trouble

Update: Ooof, what? I was at work today, what's all this about Batocchio adding this article to Crooks & Liars' Mike's Blog Round-Up this morning? Dammit, I didn't vacuum the rug or anything! (hurries to clean up the place) Um, glance around, I got other stuff to read. Also, in a couple of weeks I will find out if any of my blog articles up for the FWA's Royal Palm Awards will win anything, so keep an eye out for more news! Thank ye, Batocchio.


When last we checked in with the United Kingdom, the Brits were coping with the loss of their beloved Queen Elizabeth II while their Parliamentary government had chosen a replacement Prime Minister to take over from scandal-plagued Boris Badhair.

Liz Truss had just recently replaced Boris Johnson in early September, going up to Scotland to Elizabeth's pastoral retreat at Balmoral to present her credentials and perform the ritual - bowing, holding the hand, answering three questions to cross the Gorge of Eternal Peril, that sort of thing - each new PM does with the Crown. Only that within 24 hours of doing so, Elizabeth II fell ill and never recovered, which didn't exactly bode well for Truss.

It was as though Liz II met Liz T, and Liz II decided "Fuck all, this ditz isn't worth it, I'll let Charles handle this nightmare" and got out while the getting was good.

Because Liz Truss is turning out to be even WORSE as Prime Minister than Johnson was. Within a month of being in office, Truss has blundered from one bad mistake to the next, exposing her Conservative leadership to humiliation, creating economic catastrophes that can't be easily undone, and forcing her Tory allies to plot her early removal.

Christ. Even William Henry Harrison lasted longer than this (okay, I exaggerate, but Truss is honestly facing the shortest tenure as Prime Minister in British history).

Let's go to the dirty details with Tom McTague at the Atlantic (paywall):

Today, we had the absurd spectacle of a prime minister, barely a month into the job, abandoning the central tax-cutting purpose of her premiership and sacking her closest political ally, who had implemented this vision. This all in aid of a vain and surely doomed attempt to cling to power, after the markets concluded that her policies were insane. Never before has Britain found itself in such a humiliatingly risible position. It is the stuff of nightmares: the national equivalent of getting caught short onstage in front of your entire school because you chose not to go to the bathroom when you had the chance...

The political ally McTague speaks of was Kwasi Kwarteng, chosen to be her Finance Minister in her Cabinet, who was obsessive about the supply-side/trickle-down fantasies of massive tax cuts as stimulus in a British economy facing inflation and several other woes. When Kwarteng presented his tax-cut plan with Truss' approval, everything went to hell (back to McTague):

What Britain needed, Truss argued, was a tax-cutting bonanza to set it free. Her rival for the leadership was Johnson’s chancellor, Rishi Sunak, who argued for fiscal responsibility and warned that such a reckless policy would lead to a run on the pound and a calamitous series of mortgage-rate rises. Given this choice, the electorate for the Tory leadership—the roughly 170,000 members of the Conservative Party—preferred the magical money tree.

So, on September 23—two and a half weeks after taking over as prime minister—Truss and her new chancellor, Kwasi Kwarteng, announced an extraordinary array of tax cuts without any indication of how they would be paid for. They called this their “plan for growth.”

And then there was a run on the pound and a calamitous series of mortgage-rate rises...

If you've followed my blog, every so often I will come across the Republican Party's obsessions with tax cuts being a cure-all for all ills, and I will scream into the void that TAX CUTS DON'T WORK. Watching the British counterparts of the Tories trying to pull the same trickle-down fantasy and getting smacked by the real world is satisfying in a schadenfreude kind of way. Back to McTague:

The reaction to Truss’s plan was immediate and savage. The markets responded with horror at the sudden gaping hole in Britain’s budget. The pound collapsed against the dollar, almost reaching an unprecedented parity, and the cost of government borrowing rocketed. Huge interest-rate increases by the Bank of England began to be priced in as the only way to protect the currency, which, of course, meant stepping on the brakes after Truss had put her foot on the accelerator.

This, in turn, led ordinary banks to start hiking their mortgage rates in expectation of what was coming, just as Sunak had warned, which then sent the property-owning middle classes into a tailspin as they rushed to lock in new rates before the numbers spiked even further. Suddenly, the tax-cutting budget to get Britain growing again had turned into a massive hit on Middle England. Even the International Monetary Fund departed from protocol to issue a sharp rebuke to Truss’s government...

Her intraparty rival warned her, the UK banks warned her, and Truss STILL pushed ahead on an unjustified tax cut plan all because - Gods help the Conservative Party - they have no other plans that fit their world-view. Tax cuts are all they believe in much like the American Republicans, because they dare not think about raising taxes on their billionaire corporate allies to fix their government's budget woes. Again to to McTague:

In a single act of stupidity, Truss managed to blow up Johnson’s markedly redistributive election-winning platform—and therefore his coalition, which included disaffected Labour voters from the poorer north of England. Instead of spending more on public services, Truss detonated an economic bomb under the middle classes—first, by lifting the cap on bankers’ bonuses and cutting taxes for the rich, and then, faced with market turmoil, by scrambling around for new spending cuts. It would be hard to design a more catastrophic act of political self-immolation...

Britain has been broke before. It was in this position after the war when it needed U.S. assistance, and then again in the late ’70s when it was bailed out by the IMF. It was battered by the markets in 1992 when John Major’s economic strategy collapsed.

What’s happening now is entirely new: the very real prospect that the markets will force a change of prime minister before an election. They have already forced a change in policy. Truss’s problems are so acute that Tory MPs are discussing removing her as a serious option, perhaps their only one. If Truss is removed any time soon, hers would be the shortest premiership in British history, beating George Canning’s 119-day tenure in 1827. And he died in office...

(That's where I got the comparison to Harrison. My bad)

While McTague is raking Truss over the coals for her blunders, the thing he avoids discussing is how Truss and her Tory allies were hampered by their blinkered devotion to the primary source of all of Britain's current economic woes: Brexit. That disaster - haunting that nation since 2016 - is a very big reason why Truss - and her predecessor Johnson, and his predecessor Teresa May - can't make any other major economic reform needed to rebuild the UK economy.

For that, I go to Chris Grey at his invaluable Brexit & Beyond blog where he points out the flaws in Truss' agenda and how Brexit is going to doom her and any other replacement Prime Minister until the next general election. From his September 30th article:

The political ambitions of the libertarian wing of the Brexit Ultras have always been ambivalent. On the one hand, they have largely preferred to complain of betrayal from the sidelines rather than take any responsibility or, if accepting ministerial office, to quickly resign rather than engage with the pragmatic realities of Brexit. On the other hand, they have hankered to be in charge not just so as to create ‘true Brexit’, but the ‘real Conservatism’ of which Brexit was a part and to which it was a gateway.

With the advent of Truss’s premiership, they have eschewed the sidelines in favour of governing and, with a rapidity that even their sternest critics would have thought it cruel to predict, have been exposed as utterly incompetent, both politically and economically, and in the most basic of ways. It is deeply ironic that this has happened at the hand of ‘the markets’ which they so slavishly fetishize...

The occasion, of course, was last Friday’s tax-cutting ‘mini-budget’. “At last! A true Tory Budget”, the Daily Mail drooled, whilst Nigel Farage simpered about “the best Conservative Budget since 1986”. Yet, whether despite or because of this fidelity to Conservatism, and as anticipated in my previous post, there was an immediate crisis in the currency and bond markets, with the value of the pound falling to its lowest ever level on Monday, and the cost of government borrowing in the form of gilts or bonds rising very sharply. Amongst numerous knock-on effects, pension funds, which invest heavily in such bonds, came within hours of mass insolvency on Wednesday afternoon, threatening a major breakdown of the financial system and requiring major emergency temporary action from the Bank of England. This, in combination, with a clear signal from the Bank that interest rates will rise in due course, which eased pressure on the pound, has effected a degree of stabilization, but markets remain jittery and it’s by no means clear that this crisis has run its course, especially as regards gilts.

These weren’t routine or trivial market movements, but an overwhelming and brutal vote of no confidence in the government’s plans. Specifically, they were a vote of no confidence in the decision to cut taxes, or not implement previously planned tax rises, and to fund this through borrowing. Again as anticipated in my last post, the government’s refusal to allow its plans to be scrutinised independently by the Office for Budget Responsibility added to market alarm. So, too, did Chancellor Kwasi Kwarteng’s casual reaction over the weekend, even suggesting further tax cuts to come. The rout continued on Monday when, as Paul Donovan, Chief Economist at UBS Global Wealth Management, put it, “investors seem to regard the UK Conservative Party as a doomsday cult”...

Re-read the part about Kwarteng's suggestion of doubling down on an economic plan that already caused a meltdown. The wingnut Conservatives can't stop themselves. If tax cuts create a massive economic crisis, well then by God we'll insist on even more tax cuts, because sooner or later the Trickle Down Fairy will grant us our boons. /headdesk Truss firing Kwarteng from his job was the only way to curtail that particular madness. And yet, the cause of every other act of insanity happening in England remains because Truss and her party are still wrapped up in Brexit dogma, as Grey continues to note:

So, given that the Brexiters themselves regard the mini-budget as integral to Brexit, it’s reasonable to say, as Robert Shrimsley of the Financial Times did (£), that “Brexit ideology lies behind the UK’s market rout”. It’s abundantly clear to even the feeblest intelligence that those Brexiters now include Truss, for all the fury  of Dominic Cummings’s denials (directed at me!) on the inane grounds that she supported Remain in 2016. As I pointed out during the campaign, she is now a ‘born again Ultra’, perhaps the more fanatical for being so, and was extravagantly endorsed by the leading Ultras, making the fact that she was once a Remainer the most tedious and least relevant thing to say about her.

As so often before, Brexiter responses to the crisis they created have been confused and contradictory. Some in the government prissily said they could not comment on market events, as if some new Trappist ordinance of political propriety has been invented. Others downplayed what has happened, suggesting that the market reaction is either trivial or transient, or even that it has little or nothing to do with the budget but is simply a result of a strengthening dollar (which doesn’t explain why the pound fell against all major currencies, or what happened in the bond market). Outrageously, some, like Crispin Odey, hedge fund manager, Tory and Vote Leave donor, and sometime employer of Kwarteng, blamed “Remainers”. Peak insanity was reached by Daniel Hannan, who blamed the crash not on the mini-budget, but market fears of a Labour government!

Of course much like Conservatism itself, Brexit cannot fail it can only be betrayed. Even with the Bank of England and IMF and various other economic entities telling the Tories that it's their Brexit policies creating these economic meltdowns, the Tories cannot accept that fault and must blame others - the Remainers, Labour, hell even the Teletubbies will get accused next - rather than admit where the Leave movement went wrong. Grey calls them out on that:

That refusal has as its counterpart the distinctively Brexity idea, now taken over wholesale by this Brexit government, that they are beleaguered revolutionaries of true Conservativism fighting the (presumably false) conservatism of ‘the Establishment’. The notion of Brexit as an anti-Establishment insurgency has been a ludicrous one ever since the 2016 referendum was won, and Brexit became adopted as the central policy and national strategy. It is even more so now that the Brexit Ultras are unequivocally in charge of government, though of course it is a standard populist trope, familiar from the Trump presidency.

What we have seen this week is that the Brexiters have added ‘the markets’ to the increasingly long and diverse list – encompassing the ‘Woke’ Blob, the civil service in general and the Treasury in particular, the BoE, Remainers, Rejoiners, the National Trust, the BBC – of enemy forces they must confront in the name of revolutionary purity...

So my own view is that, in their arrogance and delusion, this Brexit government, and its cheerleaders, really do believe it has found a new ‘unconventional’ economic model and did not expect the market reaction, and that although a full November budget was certainly planned, including the announcement of the deregulatory ‘supply side reforms’ that will supposedly deliver the growth to pay for tax cuts, it was not going to include significant spending cuts which, instead, were anticipated for after Truss had won the election on the back of what they expected to be a growing economy. Then, with the legitimacy of a fresh mandate and a compliant parliamentary majority, she would declare it was time to shrink public spending but without coupling that with the tax cuts that would already be in place.

If my interpretation is right, the government’s plan is now in tatters, and the expectation is that the November budget will feature huge spending cuts (£) (and perhaps reversing the tax cuts, as some Tory MPs want, which can’t be ruled out though it seems unlikely at the moment)...

For this government was already politically weak, and as a result of this crisis is now much weaker. Although the libertarian cabal has taken control of the government, both it and Truss have many opponents amongst MPs and, as I remarked in a post during the leadership campaign, the current Tory Party is so riven by factions as to be unleadable, with rebellions an ever-present possibility. This week’s crisis has laid that bare, with, almost astonishingly given how new her premiership is, reports of letters of no confidence in Truss being submitted by some MPs and threats of backbench revolts...

There is already talk of a No Confidence vote happening by Monday. They're already pressing the 1922 Committee that oversees such matters to force her out as soon as possible. But this maneuver exposes the Conservatives with the painful reality that they have ousted two Prime Ministers within within 6 months of each other, and creating a leadership crisis among factions who are fighting amongst themselves for high office. A situation that will consume the next unlucky soul who signs up as PM because their party's Brexit platform will condemn that fool to more failure.

Seriously, who will be next to replace Truss? It's looking like it will be Sunak, who warned of the collapse of the pound and housing costs skyrocketing, but he didn't win over the party earlier this year, and he's viewed as being weak on Brexit meaning the extremist factions will rebel against him anyway.

The entire Conservative Party in the UK is stuck in a downward spiral of self-inflicted defeats, all because they can't change course on their Brexit policies and dare not open themselves to the possibility that the Remainers were right all along. But in the meantime, they'll fight against any calls for a emergency election in order to stay in power until 2024 when the general election happens anyway: Two more years of nightmarish intraparty fighting while the British Isles falls apart. 

The only way that election happens is if the Tories finally break apart into their own party factions: If the Tories go to a Minority government, they may not have enough votes to stop Labour forcing new elections.

It then becomes an issue of how angry the British voters will be, and if they abandon Conservatives to switch to Labour - or even Liberal Dems - in a final rebuke to Brexit madness that has broken their nation the last six years.

That's the only hope the British have left.

Thursday, October 13, 2022

The Hounds Snap Fierce at trump's Heels

(The article title refers to a quote from Euripides' Electra, but I can't find the actual source. It may be from an disreputable early translation)


A lot of stuff related to donald trump's criminal shenanigans happened today.

The silliest thing to report is how New York Attorney General Letitia James went to court to ask the judge to stop trump and his people from forming a new corporation in Delaware in a likely attempt to avoid the $250 million civil suit James had filed earlier this year. Why is it silly?

Because the best name trump could come up with it was "Trump Organization II LLC".

Yes, social media exploded with "Electric Boogaloo" jokes.

If you're going to try and hide your wealth from a state-level civil suit, try to rebuild your business empire with a new holding elsewhere, don't you think you should come up with a completely new name so that NOBODY CAN SEE YOU STARTING A NEW COMPANY TO AVOID ACCOUNTABILITY??? You know, name it something more generic or obscure like "DT Corporate Holdings LLC" or "Acme Developments INC" or some such.

trump's vanity is so overwhelming he couldn't dare allow a new corporate entity exist without his name emblazoned - in gold font, no less - all over the paperwork. So OF COURSE AG James and her staff spotted it and called it a clear attempt to dodge the hammer her office is dropping on him.

In more important legal news today, the Supreme Court dismissed trump's plea to intervene in the Special Master situation between Judge Cannon, the 11th Circuit, and the FBI, meaning that the Special Master will not have access - and thus, neither will trump and his lawyers who were hoping to force the Special Master to grant them oversight - to the 100-plus classified documents found at Mar-A-Lago. More details via Mark Sherman and Jessica Gresko at AP News:

The Trump team was asking the justices to overturn a lower court ruling and permit an independent arbiter, or special master, to review the roughly 100 documents with classified markings that were taken in the Aug. 8 search of Mar-a-Lago.

The move Thursday appears to greatly reduce the potential impact of the special master process to the ongoing Justice Department criminal investigation into the classifed documents.

A federal appeals court had already restored the department’s access to the classified documents, which had been investigators’ primary goal. And the Supreme Court’s decision to stay out of the fray ensures that the special master will not have access to those same records as the FBI and Justice Department evaluate if criminal charges are merited...

The Justice Department's full appeal against Judge Cannon's intervention for her benefactor trump is still ongoing.

And in a more dramatic development today, the House Select Committee investigation the January 6th Insurrection mostly wrapped up their proceedings this afternoon, revealing more evidence how trump and his handlers planned for violence that day to disrupt the electoral confirmation that Biden won. The committee did leave a possibility of at least one more presentation by voting unanimously to subpoena donald trump to testify to them about his role in what they've uncovered. Over at The Atlantic, David A. Graham thinks this should happen, because the people need to know:

The House Select Committee on January 6 ended what may be its final public hearing today with what is almost certainly a futile gesture: The members voted unanimously to subpoena former President Donald Trump for testimony and documents about his effort to subvert the 2020 presidential election and his incitement of a mob that attacked the Capitol.

The odds that they will get their way are effectively zero. Trump will surely fight the subpoena, just as many of his associates have resisted the committee’s demands. One of them, Steve Bannon, was even convicted for contempt of Congress. Whether or not the committee could compel Trump’s testimony in the abstract—and the legal and constitutional questions are complicated—doing so requires time that the committee likely doesn’t have. If Republicans retake the House in the midterm elections, the liquidation (or appropriation) of the committee will be one of their first orders of business.

But what is likely to happen, and what is legally enforceable, are not the same as what is right. The American people deserve to hear from Trump.

Much of today’s hearing was a summary of what the panel has laid out in previous sessions, arranged to make the case that Trump had a premeditated plan to contest the election and declare victory, no matter the results; that he knew he had lost and claimed victory anyway; that he lied in claiming election fraud; that he had a role in putting together the violent mob that assembled in Washington on January 6; and that he encouraged his supporters to march to the Capitol in full awareness that they were armed and would do harm...

The committee has unearthed an impressive amount of evidence about the paperwork coup before January 6 and about the planning and execution of the insurrection itself—far more than many observers, including me, expected. But some facts remain out of reach. Vice Chair Liz Cheney said that more than 30 people invoked their Fifth Amendment right against self-incrimination before the committee. Others, such as former White House Counsel Pat Cipollone, offered insightful testimony on many topics but refused to disclose conversations with Trump because of executive-privilege claims.

All of this is why the nation must hear from Trump himself. He is the one person best equipped to know what he planned before the election, what he was doing on January 6, and what he was thinking and feeling at the time. Although it is true that Trump is not always self-aware, and plain that he is exceptionally dishonest in his public statements, his language in sworn testimony is surprisingly honest and blunt, as I reported in 2018...

If Trump does fight the subpoena, or if he were to invoke his own Fifth Amendment right against self-incrimination, the implication would be clear for the public to see. The Fifth Amendment right is just that: a baseline constitutional right. A criminal defendant’s decision to invoke it is not admissible as evidence of guilt. But this is not a criminal proceeding. It is a political one, in every sense, and it is a matter of great importance for the safety of American democracy. The public deserves a chance to know what its president was doing in a pivotal moment and to make up its own mind about a political leader outside the artificial environment of a courtroom.

If Trump is too cowardly to tell the public, under oath, what really happened on January 6, that will be the clearest testimony the committee gathers to prove its theory...

It is obvious trump will fight the subpoena, and pray for the House to flip Republican this November - this is WHY the 81 million who showed up to vote him out in 2020 need to show up again this midterms to stop the Republicans from any win, hint fucking hint - so he can avoid accountability.

But the House Committee did something else this hearing: They made it clear they can refer their findings of possible criminal activities by trump and his insurrection plotters to the Department of Justice, which is currently outside of Republican reach. The DOJ is likely to file those charges to go alongside everything they're ready to do regarding trump's theft of White House documents when he left office in 2021. There's hints from the DOJ appeals that they are prepping to file charges over violations of the Presidential Records Act in the DC courts - nowhere near Mar-A-Lago and far away from Judge Cannon's reach - that have jurisdiction. 

The process needs to speed up, though. Gods help us, time is running short on exposing the crimes trump committed.

Just charge trump already and let justice be done...


Sunday, October 09, 2022

Republicans Will Vote For the Devil When It Suits Their Purpose

"He may be a bastard, but he's OUR bastard!"
- standard excuse given by political cynics whenever they justify supporting a terrible, scandal-plagued candidate


It's come up again that the Republican Party has no morality when it comes to selecting their candidates. The Georgia Senate race involving Herschel Walker - a well-proven domestic abuser with an insane history of fabricating his history - just got exposed with reports from the Daily Beast that he paid a number of former girlfriends to have abortions. All of this highlighting the hypocrisy of the GOP running on a pro-life anti-abortion platform.

Just like Alabama's Roy Moore back in 2017, when he was exposed as a pedophile chasing after teen girls in shopping malls and stalking them to their high schools, the Republicans are publicly and perfectly fine with Walker paying for abortions, because GOD FORBID the political power should ever go to those radical evil Democrats instead.

As Steve M. notes at his No More Mister Nice Blog, the cruelty AND hypocrisy are the ever-constant focal points of an unhinged power-mad minority party:

Right-wing thought leaders are making it clear that they don't care whether Walker was an accessory to what they normally regard as murder -- only power matters in this case...

We all know what Frank Wilhoit said: “Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.” But we need to realize that conservatives believe that this applies not just to what's legally permitted, but also to what's regarded as moral. If a conservative does it, that means it's not immoral. And the corollary: Liberals are immoral even if they don't commit immoral acts.

So Bill Clinton's marital troubles make him a moral degenerate, but Donald Trump's don't -- in fact, he's widely regarded on the right as a good Christian. Barack and Michelle Obama are depraved even though they've had a long, sturdy marriage. Similarly, Hunter Biden's past transgressions damn him for life, no matter how thoroughly he cleans up -- but Herschel Walker's past is irrelevant to the right.

What's the right's definition of a good person? A Republican in good standing. What's the right's definition of an evil person? Anyone who isn't a Republican in good standing, or on the way to becoming one. (Democrats who attack the "Democrat Party" get a special exemption.) So no one on the right is calling Herschel Walker an accessory to murder. It's only murder -- with, increasingly, the risk of real legal penalties -- if we do it...

Republicans keep proving that they don't care if the elected official or candidate they're backing is an imbecile, if that person is racist or anti-Semitic or misogynistic to hell and back, or if that person has so many ethical red flags they should never be trusted.

Republicans want emotionally broken, ethically vacant people among their ranks to ensure they are loyal only to themselves (and their rich deep pocket sugar daddies) and not to the states and districts they are sworn to serve. They know they are not truly representative of the needs of the majority, and they know they can't find people who are ethical and honest to run as Republicans. So they'll run the crooks they do draft into service, and use mudslinging attacks on Democrats as "leftist radicals destroying America" to rile up their base to show up and vote (while discouraging independent voters from paying attention) while doing everything to rig the midterms to discount/disqualify every Democratic vote they can.

Every Republican action exposes their gaslighting and hypocrisy as damaging to our national well-being. These midterms matter, people. For the LOVE OF GOD and for honest representation in OUR government, please show up to vote this November and PLEASE FOR THE LOVE OF GOD VOTE FOR EVERY DEMOCRAT YOU CAN. Do not let the Herschel Walkers and the Matt Gaetzes and the Marjorie Taylor Greenes of the GOP win a damn thing.

Saturday, October 01, 2022

What The Hell We Waiting For?

Update: Thanks again to Batocchio for offering this blog to Crooks & Liars' Mike's Blog Round-Up! Don't forget, kiddos, November is coming up and that means NaNoWriMo writing challenge! Please read through the blog and leave comments!


You may notice this blog as a certain... philosophical viewpoint when it comes to donald trump.

Mostly that he's a lying, crooked, bankrupt, racist, sexist, brain-dead, ill-read, ill-tempered, Russian-bought, law-breaking Shitgibbon of the lowest order.

I admit I've kind of been calling for trump's immediate arrest and placement in handcuffs and perp-walked to the nearest SuperMax for awaiting his trial dates without bail, probably even before I started blogging in 2006 (The sonofabitch killed the USFL and the Tampa Bay Bandits back in the 1980s). It's been frustrating to sit here - even as more criminal misdeeds go public and he's practically bragging he's getting away with shit - and wonder what the hell is taking so long.

Rude Pundit is with me on being frustrated with the failure of the legal system so far:

This is the kind of shit that plagues my brain at 3 a.m. when the whiskey is wearing off and the drugs just aren't holding the bullshit at bay anymore. Right now, a plague of lawsuits and investigations ought to be making Trump wonder if he'd rather live the rest of his miserable life in the UAE, Russia, or Indonesia when it comes to places without extradition treaties. And I know, I know, I fucking know that you want to be optimistic, even gleeful, thinking, "There's no fucking way he gets out of all of this." I mean, c'mon. If nothing else, E. Jean Carroll's lawsuit accusing Trump of raping her has to bring him down. She's got DNA evidence, after all. 

It's not just that we've been burned before (although I'll brag that I stopped leaping at every "We got him!" moment a long time ago). It's that when Trump gets away with it, the story shifts. The Mueller Report has become nothing more than a failed witch hunt (which it wasn't). The impeachment over Ukraine has become part of the "Russia hoax" (it's not a hoax and the phrase has become so broad as to encompass anything that even mentions Russia and Trump). Trump prances all around his red state yahoo fests, lying about this shit with extravagant abandon as he pushes closer and closer to simply saying, "Kill everyone not like you..."

And it's not just that Trump's gotten away with so much throughout his life. How many regular, working and middle class stiffs does he have to dick over before the rest understand they're being conned? How the fuck did it take so long for some entity in New York to seriously go after his entire ass? And why do they always stop short of actually arresting someone who has blatantly flouted the law? I'm honestly pissed as hell at Cyrus Vance and every AG and DA who allowed Trump and his shit children to remain free to fuck over more people...

It's been noted before, that the legal system favors the rich over the poor: Partly because the rich can afford better lawyers, but mostly because the legal system is all about "who owns what" and favors the rich in the first place.

trump's benefitted from a legal system that makes it hard to prove financial fraud, that creates a number of loopholes and exemptions that let him "do business" because we dare not overburden our Capitalism with regulations. he's benefitted from laws that give bankrupt businessmen like himself chances to file for Chapter 7-11-whatever and evade accountability to his creditors, and to keep doing that over and over even though by the third time he filed for bankruptcy someone should have noticed the trend and held him criminally liable before he ruined more businesses.

It's nice that there's NOW a criminal trial trump is facing this October for his company's acts of fraud, although it's just the company facing sanction and trump could walk away from jail time. It's nice that's there a slew of civil court trials trump is facing for tax evasion, acts of fraud, and defamation regarding his slandering of women he's sexually assaulted. It's nice that trump and his electoral fraud lackeys are facing likely state criminal charges in Georgia (and maybe also Arizona and Michigan). It's nice that there's NOW federal investigations into trump's overt refusal to abide by laws regarding Presidential records and illegal possession of CLASSIFIED DOCUMENTS. But where the fuck was everybody back in the 1990s when trump's bankrupt malfeasance - and possible ties to Russian mobs - went public... and still nobody did anything before he got worse?

I am also with Drew Magary over at SFGate (maybe paywalled). Just indict him already: 

And so we come to said special master, Judge Raymond (British accent) Dearie, whose appointment has not stopped the Department of Justice from poring over some of the most sensitive documents they seized earlier this fall from Mar-a-Lago: documents that Trump definitely accidentally absconded from the White House with after his term as president came to an end.

Dearie has not been kind to Trump’s lawyers and even tried to force Trump to appear in court under oath. These plans were scuttled by a federal judge Thursday, but the special master’s moves are just one of many signs that the walls are closing in around our beloved Don-Don. The Department of Justice is still actively engaged in a criminal investigation of Trump. One of Trump’s most vocal defenders in the past is currently arguing that the former president’s attempts to ward off the probe may in fact be aiding it. I love it, unironically, when Trump hires people who he assumes will protect him and then they’re like, “Actually, f—k this guy.” And there are so many people like this out there! Fantastic...

It is time, both procedurally and metaphorically, to f—k Donald Trump. After all, if the guy who defended Trump against presumed white knight Robert Mueller thinks that Trump is in a highly f—kable position, let’s go ahead and take advantage of that.

It’s well past time, really. If you disdain Trump as much as I do, you’ve been on a six-year-long catharsis hunt in which every victory — even the 2020 election! — has felt hollow. I thought Trump was finished when he fired James Comey. I thought he was finished when Mueller was drafted to investigate him. I thought he was finished when he got COVID-19. You get the idea. It’s been an agonizing stretch in which all of us have had to live through Donald Trump being president, Donald Trump violently refusing to stop being president and then Donald Trump threatening to become president again. All Americans deserve a break from his bulls—t. We voted Joe Biden into office for this very reason.

And yet, here Trump remains. Still here. Still not officially f—ked. For six years, I’ve been waiting for a cavalry that always arrives unarmed. I’ve been counting on Democrats to put Trump’s head on the chopping block when that party’s leaders all share a bizarre reticence to prosecute him because they believe that indicting Trump is an indictment of the American Idyll or something. It’s possible that Trumpism is a fad and will die out on its own. Perhaps as soon as November, when a red wave that the dreaded polls supposedly once foretold fails to materialize. But given the damage that Trump and his cohorts have wrought, it feels wrong, IS wrong, to hope nature takes its course with this movement. I’ve done the hope thing. I did it in 2008. It only got me here, so you’ll excuse me if hope and I aren’t on the best of terms right now. 

What I require, and what is there for the taking at last, is action. All of this due diligence has to be for something, and not just for due diligence’s sake. If Democrats want me to have faith in their precious institutions, then what I need is for those institutions to do what the label on the “Institutions” box promises and indict this man. I’m as sick as you are of the “Today would be a good day to charge Donald Trump with high treason” brand tweets that have polluted the internet since his inauguration, but the receipts are flooding in and the excuses have all sunk to the bottom of the sea in a beautiful, idiot boat. Truly, today WOULD be a good day for the hammer to drop.  Don’t wait until after the election, when Republicans will have f—ked with an election that they have already pledged to f—k with. Don’t gimme some bulls—t about how there’ll be another civil war if we dare to prosecute Trump because I already watched the insurrectionists try to start that war and fail miserably. Most of those people thought they were going to a furry convention or something. And don’t put on your law degree and tell me about dangerous precedents and how fluid the definition of “crimedoing” is. I’ve been watching this s—tshow for six years now. I know what I’m looking at. I’m looking at robbery, treason, fraud and awful nutrition habits. Everyone knows what went down, what is going down and what Republicans WANT to go down. And I think I’ve had enough of the down parts...

To all the expectation that trump's rabid fanbase will rise up in acts of violence, we seen a part of that already back on January 6th. Yes, there will be violence, but that's going to happen no matter what we as a nation do to hold trump accountable for his crimes. Even if the legal system steps back, says to itself "oh dear we shouldn't do this, it'll set a terrible precedence for future assholes to abuse the law for partisan hackery," it's too late. trump's rabid fanbase will turn violent even if they get their way, because they will believe the legal system will let them get away with anything now. The Far Right wants their civil war, because they need the blood of their enemies to fulfill their Turner Diaries utopia. Damned if we do, damned if we don't.

trump keeps thinking he's protected, that he's safe, that he's one of the beautiful elite and that he's not a sucker who can ever lose. trump is running on that because Gods help us for 50 years the legal system let him run free even as the damage in his wake piled up higher than Trump Tower.

It is way past time to throw donald trump in a jail cell, take away his smartphone and shut down his social media accounts, slam that door shut, and call him a "sucker" as the guards walk away. Let trump brood in the darkness of his own making, because he's been such an inept con artist who only benefitted from fellow corrupt cronies and a lax legal system.

He's been leaving the clues to his follies and failures everywhere for decades, taunting our legal system and threatening to commit more crimes. Just stop him. Just fucking stop him, will you?

Seriously. We jailed Martha Stewart for less.

Wednesday, September 28, 2022

Get The Damn Vote Out: 2022 Blue Wave Edition

I keep saying "Elections matter" because guess what, they do.

There has been at least since the 2008 election cycle a glaring reality - one that our mainstream media refuses to admit, because they dare not lose "access" to Republican elites - that one political party - hint Republicans - has gone batshit insane. Obsessed with retaining power even as they sink into political minority status, the modern GOP has sunk into conspiratorial alternate-reality mind screws of their own making. We've seen what happens when they had trump pose for them as their standard bearer in the White House, and it wasn't pretty. And the Republicans want the nation to go back to that... permanently.

We're at the point where Republicans are openly pushing an agenda to pass a national abortion ban - to hell what they said about states' rights - to make every American woman second-class breeding stock, and going after Social Security and Medicare as though those safety nets for our elder citizenry are threats to the Far Right's Way of Life.

We're seeing what Republicans are doing at the state level: attacking gay/lesbian/trans teens as Dreaded Other; wrecking school curricula by denying any texts that dare call out our nation's racist history; and persecuting/abusing legal migrants from Central/South America through political stunts, harassment, and lies.

And Republicans are going after everyone's power to vote, because they know damn well keeping voter turnout down is the only way they can stay in office.

This is what Republicans want, and this is what they think will keep them in minority-majority rule for the next 10 100 years.

We dare not let them win.

We've seen what happens in 2018 and 2020 when voter turnout exceeds Republicans' desires. We've seen it happen this year in Kansas already, where a massive women's turnout flipped a midterm amendment referendum on abortion on its ass. 

Massive voter turnout by Democrats and left-leaning Independents work. Massive voter turnout keeps our nation's democratic traditions alive. Massive voter turnout defeats a lot of Republican attempts to steal away our rights.

There's a lot at stake this 2022 midterms, especially at the federal level: If the Republicans gain control of either the House or Senate (or worse, both) then our government becomes logjammed and nothing will get done. The Republicans - grown increasingly rabid under trump's leadership - have already promised retribution towards President Biden for what they feel is partisan attacks on trump for what are in reality legal investigations into trump's misdeeds. They will do everything in their power to hinder, delay, or break up any current investigations into trump's role in the January 6th insurrection; they will press hyperactive attacks on Biden's son Hunter to weaken Joe Biden's standing among voters; they will stage vote overrides of Obamacare and every big-ticket bill Biden just got passed this year knowing full well Biden's veto will save them from whatever disasters would happen if any of those bills were repealed.

It's imperative that Democrats retain control of the House. This may not be likely, due to the extreme gerrymandering that happened in Red and battleground states like Texas, Wisconsin, and Florida. But it IS possible for Democrats to blunt or reduce that gerrymandering, by reaching high turnout numbers that negate the district rigging. Voting for the U.S. House matters.

The U.S. Senate numbers are slightly better only because gerrymandering doesn't affect state-wide votes. There's even a likelihood the Dems can increase their 50-50 status in the high chamber with two (and even four) seats flipping Blue. It would secure any need for Biden to fill more judicial and executive vacancies without Republican interference: It could include enough left-leaning reformers into the Senate who can end the filibuster logjam mechanics and free up future Senates to vote more clean and effective bills into law. Voting for the U.S. Senate matters.

It's harder - I will admit this - for elections to affect the state results, especially in Republican-held states that have gerrymandered everything across every corner of each state. But turnout can still work, especially for the state-wide Governor races. If Dems can gain enough Governor seats, that can setback a number of extremist legislative bodies from doing further harm to their states (although as Wisconsin and North Carolina showed, a lame-duck GOP lege can try to strip Governors of enough power to weaken such changes). Voting for the Governors and state-level legislatures matter.

Let the call go out to every registered Democratic and Indy voter: This midterm matters. Voter turnout matters. Get the vote out, and do everything you can to prevent the Republicans from denying your access to the ballot box.

If the Republicans win, this could be honest-to-God the last honest election the Republicans will ever let us have.

As a personal note, I am currently in the path of a massive Hurricane Ian that threatens to shred central Florida. If I don't make it out alive, I want a promise, I WANT YOU TO PROMISE ME AMERICA, I want a promise that 69 percent of you - Democrats, Left-leaning Independents, Pro-Choice and Pro-Immigrant Republicans who are still out there (yes you are) - will show up this November and vote a straight-down All-Democratic Blue Wave ticket.

GET THE DAMN VOTE OUT, AMERICA.

And for the LOVE of God, do NOT vote Republican at any level. Blue Wave 2022!

Good luck.

Tuesday, September 27, 2022

Hurricane Ian Rolling In

It's become legend that whenever Jim Cantore from the Weather Channel shows up on your beach, you're getting doomed with a hurricane...

So here comes Hurricane Ian aiming for the Tampa Bay area with Jim goofing off on Clearwater Beach. More from Michaela Mulligan at the Tampa Bay Times:

After a night of intensification, Hurricane Ian has emerged as a major hurricane Tuesday — still following its track toward Tampa Bay.

The Category 3 storm is just off the coast of Cuba, about 10 miles south of Pinar Del Río and 130 miles southwest of the Dry Tortugas, according to an 8 a.m. update from the National Hurricane Center. Ian is moving north at about 12 mph and is expected to turn toward the north-northeast while beginning to slow Tuesday night into Wednesday.

Forecasters predict the center of Ian to move over western Cuba Tuesday morning and then emerge in the southeastern Gulf of Mexico, where it likely will strengthen...



I'm a little further inland (Polk County), and if the storm keeps tracking straight north - or better turns west - I won't get hit with anything serious. Still, this is the first year I've gotten sandbags for my porch doors, which were vulnerable to the last hurricane that passed by.

This year, given the uptick in climate change and the noticeable erosion of the Florida coastline, my home metro of Tampa Bay may be hit real hard with lasting - and tragic - damage. Too much residential development along the coastline has made us too vulnerable to big storms like this, and we're looking at serious flooding and power outages to last well into next week.

I may try to get a few more blog articles in before the storm hits, so we'll see.

Sunday, September 25, 2022

Quick Update on trump's Legal Woes As We Head Into October 2022

The past week has been a little busy for donald trump's lawyers, so let's recap.

You might remember that trump had found a district judge he appointed to throw up roadblocks to the FBI's digging into all the classified materials they caught him with, when Judge Cannon agreed to his demands for a Special Master to delay everything. Well, the Justice Department appealed that, going to the 11th Circuit to allow the feds to continue their work. The judges at the 11th - including two who were appointed by trump - threw a smackdown on Cannon and trump in response (via Emptywheel):

While reserving judgment on the merits question, the opinion was nevertheless fairly scathing about Cannon’s abuse of discretion. Some of this pertained to her jurisdictional analysis... But two important implicit admonishments of Cannon’s actions pertain to the deference on national security that courts give to the Executive.

The opinion calls the scheme that Cannon had set up — allowing the Intelligence Community to continue its intelligence assessment but prohibiting any investigation for criminal purposes — untenable. In support, the opinion notes that there’s a sworn declaration from FBI Assistant Director Alan Kohler (the only one in this docket) debunking Cannon’s distinction between national security review and criminal investigation. It notes, twice, that courts must accord great weight to the Executive, including an affidavit. The opinion notes that “no party had offered anything beyond speculation” to undermine this representation...

In another section, the opinion makes a finding that goes beyond where the dispute before Cannon has gone (but not beyond where the dispute before Special Master Raymond Dearie has). Even former Presidents can only access classified information if they have a Need to Know. (Italics for the appellate decision)

[W]e cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings. Classified documents are marked to show they are classified, for instance, with their classification level. Classified National Security Information, Exec. Order No. 13,526, § 1.6, 3 C.F.R. 298, 301 (2009 Comp.), reprinted in 50 U.S.C. § 3161 app. at 290–301. They are “owned by, produced by or for, or . . . under the control of the United States Government.” Id. § 1.1. And they include information the “unauthorized disclosure [of which] could reasonably be expected to cause identifiable or describable damage to the national security.” Id. § 1.4. For this reason, a person may have access to classified information only if, among other requirements, he “has a need-to-know the information.” Id. § 4.1(a)(3). This requirement pertains equally to former Presidents, unless the current administration, in its discretion, chooses to waive that requirement. Id. § 4.4(3).

Plaintiff has not even attempted to show that he has a need to know the information contained in the classified documents. Nor has he established that the current administration has waived that requirement for these documents. And even if he had, that, in and of itself, would not explain why Plaintiff has an individual interest in the classified documents...

In short: trump had no privilege to claim.

And then there was the 11th Circuit ruling about Cannon's authority to intervene in the first place. Back to Emptywheel:

The summary of this case is a really remarkable description of what has already happened (I’m sure it helped the clerks on that front that they had no page limits). Ominously for Trump’s case, the opinion starts the narrative from the time he left the White House and lays out several moments where Trump failed to invoke privilege or declassification. Trump likes to tell the story starting on August 8 when the FBI arrived at his house out of the blue...

This means trump can't stick to his story that he always had the right to possess these documents when he really didn't. I digress, back to good part:

In Trump’s reply to DOJ’s argument that he couldn’t own these documents, the opinion notes, he specifically disclaimed having filed a Rule 41(g), which is where someone moves to demand property unlawfully seized be returned...

Cannon, the opinion notes, claimed to be asserting jurisdiction under equitable jurisdiction even while treating Trump’s request (in which he had not made a Rule 41(g) motion) as a hybrid request...

Half that page of the opinion consists of footnotes, recording that Trump’s claims about Rule 41(g) have been all over the map...

trump and his lawyers are wary of filing actual paperwork - that Rule 41(g) - on ownership because if they do, and the courts rule he had no right to classified materials in his possession, he'll basically be confessing to breaking that particular federal law. Instead, they claim everything and anything just on say-so in the hopes a favorable court will buy that defense. Oh, right. I'm interrupting. Back to Emptywheel.

The opinion doesn’t come to any conclusions about all this nonsense from a jurisdictional position. It doesn’t have to. But it did capture conflicting claims that Trump made and Cannon’s reliance on a “hybrid” claim to avoid pinning Trump down.

The reason the 11th Circuit didn’t have to resolve all this is because, regardless of which basis Cannon claimed to have intervened, Richey governs (which is exactly what Jay Bratt said in the hearing before Cannon, as I laid out here).

And the first prong of Richey — and the most important one — is whether there has been a Fourth Amendment violation. Cannon says there has not. That should be game over...

While this is an appellate ruling, trump can arguably push the matter further up the chain - is SCOTUS next? - but one interesting development from this ruling was how Cannon went back and revised parts of her court ruling to fit the demands of the 11th Circuit... which apparently makes it harder for trump to appeal those parts. Interesting.

Meanwhile, the Thing Cannon Set Up - the Special Master situation involving a court-approved arbitrator over the documents in question - settled on Judge Raymond Dearie to serve in that capacity, and he promptly kicked trump's lawyers in the collective tuckus in ways that showed trump wasn't getting an easy out (the AP News but quoted via the Guardian):

The independent arbiter tasked with inspecting documents seized in an FBI search of Donald Trump’s Florida home said on Tuesday he intends to push briskly through the review process and appeared skeptical of Trump lawyers’ reluctance to say whether they believed the records had been declassified.

“We’re going to proceed with what I call responsible dispatch,” Raymond Dearie, a veteran Brooklyn judge, told lawyers for Trump and the Department of Justice in their first meeting since his appointment last week as a so-called special master...

Though Trump’s lawyers requested the appointment of a special master, they have resisted Dearie’s request for more information about whether the seized records had been previously declassified – as Trump maintains. His lawyers have consistently stopped short of that claim even as they asserted in a separate filing on Tuesday that the department of justice had not proven that the documents were classified. In any event, they say, a president has absolute authority to declassify information...

But Dearie said that if Trump’s lawyers will not actually assert that the records have been declassified, and the department of justice makes an acceptable case that they remain classified, he will be inclined to regard them as classified.

“As far as I’m concerned,” he said, “that’s the end of it.”

In a letter to Dearie on Monday night, the lawyers said the declassification issue might be part of Trump’s defense in the event of an indictment. Trusty said the Trump team should not be forced at this point to disclose details of a possible defense.

He denied that the lawyers were trying to engage in “gamesman-like” behavior but said it was a process that required “baby steps”. He said the right time for the discussion is whenever Trump presses forward with a claim to get property back.

Dearie said he understood the position but observed: “I guess my view of it is, you can’t have your cake and eat it...”

A US district judge, Aileen Cannon, a Trump appointee who granted the request for a special master, had set a 30 November deadline for Dearie’s review and instructed him to prioritize classified records.

Dearie, a Ronald Reagan appointee, made clear during Tuesday’s meeting that he intended to meet the deadline...

Other reports have it that Dearie is looking to wrap up by October, likely because he already sees the reality that there's not much to separate between the classified documents and anything trump claims as privileged. Granted, that's my speculation. No matter what, trump's traditional gaming of the legal system - delay, delay, delay - isn't going to work here.

The other big bombshell from last week was the breaking development in the state of New York's civil case against trump, trump's family, and their corporation. As mentioned earlier when I looked at the big four legal matters dogging trump, AG Letitia James had wrapped up her interviews for the grand jury, and apparently had enough to take it all to court seeking major damages and a long-overdue crippling of trump's crooked financial empire (via John Cassidy at the New Yorker (paywalled)): 

The lawsuit that her office filed in State Supreme Court alleges that, from 2011 to 2021, the Trump Organization’s financial statements systematically exaggerated the value of at least twenty-three of his properties and other assets—from his Fifth Avenue triplex apartment and his daughter’s penthouse on Park Avenue to his estate in Mar-a-Lago, Florida, and his far-flung network of golf courses. “The number of grossly inflated asset values is staggering, affecting most if not all of the real estate holdings in any given year,” the lawsuit states. It also says that Trump’s alleged deceptions reaped him and his co-defendants financial benefits worth up to an estimated $250 million, and asked the court to force him to repay these gains, plus interest.

In addition to Trump, the lawsuit names his children Donald, Jr., Eric, and Ivanka as defendants. In 2014, the complaint says, Ivanka was granted an option to buy a penthouse at Trump Park Avenue for $14.3 million, but the apartment was valued in the Trump Organization’s 2014 “Statement of Financial Condition” at $45 million. According to the lawsuit, Trump’s son Eric was “taking the lead” on Seven Springs estate, a large property in Westchester County, New York—which Trump bought for $7.5 million, in 1995, but between 2011 and 2021 valued at up to $291 million. The complaint also alleges that, in 2016, the Trump Organization misled an outside appraiser that prepared a valuation of the Seven Springs property, which it then submitted to the Internal Revenue Service in support of an application for a conservation easement “that ultimately, and fraudulently, reduced Mr. Trump’s tax liability by more than $3.5 million...”

In short: trump lied about how valuable his properties were when it came time to profit from them, and then lied that the properties were valueless when it came time to pay taxes on them.

Where Trump and his businesses crossed the legal line, the complaint alleges, was in producing false financial statements that grossly inflated his net worth to “induce banks to lend money to the Trump Organization on more favorable terms than would otherwise have been available to the company, to satisfy continuing loan covenants, and to induce insurers to provide insurance coverage for higher limits and at lower premiums.” The complaint identifies numerous loans and insurance policies that it said were granted at least partly on the basis of claims Trump made about his wealth in a “Statement of Financial Condition”—a list of his assets and liabilities that the Trump Organization produced annually...

This is where there's more good news:

James said her office is also referring her case to federal prosecutors in Manhattan and the I.R.S. In the absence of actions by those agencies, the potential sanctions facing the Trumps, if James wins her case, are a big financial penalty, the appointment of an independent monitor to oversee the Trump Organization for at least five years, a prohibition on Trump or the Trump Organization buying any new commercial real estate in New York during the same period, and a ban on any of the Trumps named in the lawsuit serving as an officer or director in any businesses licensed or registered in the state.

Effectively, James is trying to banish Trump and his family from doing business in their longtime home state...

James apparently uncovered criminal acts in all of the fraud trump and his people committed during their shell games with property values. It would be pretty to think that despite the City of New York's failure to bring more criminal charges against trump, the IRS will go after him for tax evasion like they've done to every mob boss since Al Capone. 

It could be argued that even after all this, trump and co. could simply relocate their business efforts to a more favorable state and restart, except that James is looking to keep trump from doing any business with any entity in New York. That covers New York City, and THAT - the financial capital of the world - covers nearly every bank on the planet. Meaning if James wins her case, there will be no way for trump and his adult progeny to do business they way they've done - through sketchy loans to pay off other sketchy loans - for at least five years.

It would kill trump not to run any kind of con job at all. trump has no actual value outside of his scams, he's a clown living on credit. A victory by AG James would be a fate worse than death for trump.

Bring it. Bankrupt the bastard. Send him into financial exile for the rest of his short life. And be rid of trump forever.

Friday, September 23, 2022

The Great Russian Skedaddle

I love that word, 'skedaddle.' A silly-sounding word but with purpose. An SAT word you study in high school. Three syllables long with just the right rhythm. Ske-dad-dle.

Skedaddle: (intransitive verb) to leave immediately : RUN AWAY, SCRAM : especially, to flee in a panic.

I've been thinking about the word 'skedaddle' ever since Russia's dictator - finally coming to terms with the massive loss of troops in his disastrous invasion of Ukraine - pushed his puppet government into passing laws allowing him to start up draft/conscription of at least three-hundred thousand men to restock his invasion force. Via Greg Myre at NPR:

Despite this track record, Putin's latest gamble may be his biggest yet. In the face of battlefield setbacks, the Russian leader has doubled down. Russia will mobilize 300,000 additional troops — a number larger than the original invasion force — and Moscow also appears poised to annex Ukrainian territory under its control...

Putin's move addressed growing criticism from pro-war Russian nationalists at home, who say Russia is in danger of losing because it hasn't unleashed its full fighting force.

Yet Putin called it a "partial mobilization," and continues to call the conflict a "special military operation." This appears to be a nod toward Russians who have misgivings about the military adventure in Ukraine...

Even with his blatant control of Russian media, Putin seems to fear calling for a massive conscription effort because internal tensions - aggravated by decades of corruption - would trigger nationwide protests.

Well... even the partial mobilization triggered those protests. To Charles Maynes also at NPR:

Russian President Vladimir Putin's order to mobilize more troops to bolster his struggling military campaign in Ukraine has been rippling across Russia, as the military swiftly drafts new recruits and signs of discontent appear to spread.

Putin announced the decision Wednesday, framing it as a "partial mobilization" that he insisted affects only a small percentage of Russians with a background in military service.

Russian Defense Minister Sergei Shoigu ordered an immediate call-up of 300,000 additional troops — even as multiple news reports suggested the real number could be three times as many.

The Kremlin has tasked regional governors with overseeing the draft and stiffened penalties for refusal of service or desertion to 10 years in prison...

Despite government assurances only those with military service background will be drafted, multiple reports are emerging of draft papers being sent to people with no prior military experience...

Avtozak Live, a volunteer human rights monitoring group, reported as many as nine arson attacks had been carried out on military recruitment centers or government buildings across Russia.

Rights advocates say police detained more than 1,300 people in protests that erupted in dozens of Russian cities following Putin's address — with crowds yelling "No to war!" and "Putin to the trenches!..."

Anti-war activists have called for additional protests against mobilization over the weekend.

And when Putin gave the announcement that he was looking for a few 300,000 men to 'volunteer' as cannon fodder fertilizer for Ukrainian sunflowers, a noticeable number of Russian men in the designated victim demographics - anyone 18 and older with a pulse - seem to have made the collective decision to skedaddle (mmm, love that word) for the Canadian and Mexican wait this isn't 1965 Russian borders. Maynes' coverage also noted what's happening at various checkpoints:

Amid uncertainty over the scope of the draft, news reports and social media posts showed long lines of cars backed up on Russia's border crossings with Finland and Georgia, to the west, and Kazakhstan and Mongolia to the south.

Tickets for flights out of Russia to countries with visa-free travel — such as Armenia and Turkey — are either sold out or have soared in price...

To mix it up a little, here's Pjotr Sauer and Dan Sabbagh at The Guardian:

Long lines of vehicles continue to form at Russia’s border crossings on the second full day of Vladimir Putin’s military mobilisation, with some men waiting over 24 hours as western leaders disagree over whether Europe should welcome those fleeing the call-up to fight in Ukraine.

The Russian president’s decision to announce the first mobilisation since the second world war has led to a rush among men of military age to leave the country, likely sparking a new, possibly unprecedented brain drain in the coming days and weeks.

Witnesses on the border with Georgia, a popular route used by Russians to leave the country, said that some men resorted to using bicycles and scooters to skip the miles-long queue of traffic jams.

Footage from the scene circulating on social media appears to confirm these reports.

“I have been waiting in my car since Thursday afternoon,” said Anton, who declined to give his surname fearing it might complicate his travel. “Everyone is worried that the border will be closed by the time we get anywhere close to it,” he added...

For context, here's a map of Russia detailing the borders Russia has across Eastern Europe and much of Asia:

Wait, this is RISK. This is probably how Putin's generals are 
strategizing their war effort. No wonder they're losing, you can
NEVER hold Ukraine in a game of RISK. You should take
Australia first
.

Okay wait let's refer to the Guardian's more accurate map.

Russia is a looooooong country - it spans 11 time zones! - so
there's a lot of borders that Russians can flee across...


Every Russian guy sober enough to understand how fucked the war in Ukraine has become are fleeing in a panic. In short, this is a Skedaddle.

Putin is doubling down on making this conscription (don't call it a mobilization like it's a good thing, this is forced military servitude) because Ukraine's recent success shredded much of the ground forces he had there and he needs as many bodies as possible to hold onto whatever he can claim. As mentioned earlier, Putin is also forcing the occupied regions of southern Ukraine - the Donbas in particular - to "vote" on a rigged "annexation" so that Russia can claim to the world that it's Ukraine invading Russia, even though most other nations would never recognize such a brazenly illegal move.

Putin is relying on the one last resource he can utilize in his war to conquer Ukraine: Manpower. Russia's overall population at 143 million is 100 million more than Ukraine's (43 million), and just on simple numbers in a slogfest Russia should be able to outlast Ukraine to conquer a bloodied landscape.

But in his desperation, Putin is overvaluing quantity over quality of armies. By all reports, Russia's armed forces are poorly trained, poorly motivated, poorly supplied... and everything that's happened since this February has proven how poor Russia's performance has been in a straight-up fight with an army that can fight back. While Putin is emphasizing in conscripting men with previous military experience, there's no guarantee those men have good enough experience in the first place, and there's no sign of them having the discipline and motivation to perform any better than the first wave of troops Putin sent in. Most military experts in the West argue that Putin needs to train his conscripts, which would take months... and Putin doesn't have months at this rate. He will send raw untrained victims to the front lines and hope to Zerg Rush Ukrainian forces by sheer attrition.

And while Putin can bring up 300,000 new bodies - if his "recruiters" can shanghai enough of them - or even a MILLION troops to continue his war, there's every sign that Russia has run low on any weapons and supplies those troops can use. Russia is deep into negotiations with China and North Korea to buy up any ammo they can use. That would still take massive logistics efforts to move all of that from the eastern end of things to the western front of Ukraine... and this war has demonstrated Russia is terrible at logistics. He is basically throwing more lives into the wood chipper of doom here, with no other goal than to hope Ukraine runs out of bodies first.

One last thing to consider how this conscription effort hurts Russia. Not just the brain drain of the best and brightest skedaddling for their lives, because they're the smartest ones to understand that fleeing is the best option: Putin is pulling away manpower that Russia relies on in their economy back home. He's taking menial workers, construction workers, office workers, anybody who couldn't run fast enough or who had reasons - likely family - to stay behind. He's disrupting the lives of millions of homefront Russians by doing this, and he's risking their anger if his war of attrition lingers ever onward.

Putin's running out of time, so he's stealing from Russia's very population thinking it will buy himself more time at everyone else's expense.

I warned before about Putin becoming more hated than feared. Disrupting the lives and livelihoods of millions of Russians is how you become more hated. This draft isn't saving Putin's time, it's hurrying his demise.

This is not going to end well for Putin or for Russia. We can only wait and pray that saner heads ensure the end is not in nuclear fire.

In the meantime, here's the soothing sounds of Christopher Cross and Michael MacDonald singing the one song on every Russian's playlist: