The Conversation -- December 7, 2023
Kayla Guo of the New York Times: "The Republican-led House on Thursday formally rebuked Representative Jamaal Bowman, Democrat of New York, for setting off a false fire alarm in a House office building in September, the latest in a series of partisan reprisals using a once-rare form of congressional punishment. The censure resolution, which was introduced by Representative Lisa McClain, Republican of Michigan, passed 214 to 191, largely along party lines, with five members voting 'present.' After the vote, Mr. Bowman stood in the well of the House floor to be officially reprimanded. Democrats lined up in support behind him, with Representatives Alexandria Ocasio-Cortez of New York and Ayanna Pressley of Massachusetts each placing a hand on his shoulders." The AP report is here.
Washington Post: 'Donald Trump filed notice on Thursday saying he will appeal [Judge Tanya Chutkan's] ruling that he was not immune from being charged with federal crimes for his efforts to undo the outcome of the 2020 election, either by his former role as president or the Constitution's rules for impeachment. The notice is a minor procedural step. But it sets in motion one of the most potentially consequential parts of Trump's legal saga as the first former president to be charged with crimes. How and when the U.S. Circuit Court of Appeals for the District of Columbia and the Supreme Court handle his appeal could have a huge impact on whether Trump -- who is again running for president -- goes on trial before voters go to the polls in 2024, or ever.... Since the Supreme Court has never grappled with some of the legal questions at issue in Trump's claims -- particularly whether a president is immune from indictment and criminal prosecution for actions undertaken while in office, even after he has left office -- many lawyers say they believe the courts will have to wrestle with those aspects of the Trump case. The key issue, according to legal experts, is how long will the higher courts consider that question." ~~~
~~~ Marie: That would be the ruling where Judge Chutkan cited George Washington warning against "cunning, ambitious, and unprincipled men" like Trump. See Akhilleus' commentary in today's thread. ~~~
~~~ Rebecca Beitsch of the Hill: "Former President Trump filed a motion seeking to halt activity in his election interference case after filing a notice of appeal Thursday seeking to override a decision from a federal judge who denied his motion to toss the case. The back-to-back motions ask Judge Tanya Chutkan, who is overseeing the Jan. 6 case, to pause 'all district court proceedings in this case' as a higher court considers Trump's appeal of the motion to toss the entire case."
"What?" You may wonder of the WashPo story linked above, "No byline?" There's a reason for that: ~~~
~~~ Washington Post: "More than 750 Washington Post staffers said they had walked off the job Thursday, refusing to work for 24 hours in the biggest labor protest at the company in nearly half a century. Workers marched in a picket line outside The Post's offices in downtown Washington, waving 'Strike' signs, ringing bells, blowing horns, beating drums and chanting 'Hey, hey, ho, ho, our salary floor is much too low!' But even as strikers asked readers to abstain from the newspaper and its website for the day in solidarity, editors and other managers carried on with many of the tasks that go into producing a daily news report, from writing articles to operating printing presses." The Hill's story is here.
David Goodman of the New York Times: "A Texas judge on Thursday granted a request to allow an abortion despite the state's strict bans, in the case of a pregnant woman whose fetus was diagnosed with a fatal condition. The judge, Maya Guerra Gamble of Travis County district court, sided with the woman, Kate Cox, who is 20 weeks pregnant, issuing a temporary restraining order to permit her doctor to perform an abortion without facing civil or criminal penalties under the state law. The judge, a Democrat, agreed with Ms. Cox's lawyers that the procedure was necessary to protect Ms. Cox from a potentially dangerous birth, and to preserve her future fertility. The ruling applied only to Ms. Cox, whose case was believed to be among the first attempts to seek a court-approved abortion since the U.S. Supreme Court overturned Roe v. Wade last year and allowed states to enact their own abortion restrictions." An NBC News story is here.
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Donald Judd of CNN: "President Joe Biden on Wednesday fired back against claims from House Republicans that he was involved in business dealings with his son and brother, telling reporters at the White House the GOP claims are 'a bunch of lies.'... Most, if not all, of the claims about Joe Biden's involvement with Hunter Biden's business dealings were refuted in 2019, but they gained major traction in the right-wing media ecosystem, where they are often presented as facts. There is no public evidence that the president ever abused his government powers to help his family." MB: Thank you, CNN, for accurately reporting instead of succumbing to both-siderisms. (Also linked yesterday.)
** Annie Karni of the New York Times: "Former Speaker Kevin McCarthy, Republican of California, who made history as the first speaker to be ousted from the post, announced on Wednesday that he would leave the House at the end of the year but said he planned to remain engaged in Republican politics. Mr. McCarthy's resignation, which he announced in an opinion essay in The Wall Street Journal, will bring to a close a 16-year stint in Congress in which he rose from a member of the self-proclaimed 'Young Guns' -- Republicans driving to build their party's majority in the House -- to the position second in line to the presidency. It caps his spectacular downfall after just under nine months as speaker, when the right-wing forces that he and other establishment Republicans harnessed to power their political victories ultimately rose up and ran him out.... Mr. McCarthy's imminent departure will shrink the already slim Republican majority, which went to three seats from four with the expulsion last week of Representative George Santos of New York." MB: Also, Bill Johnson (R-Ohio) will resign within the next few months. CNBC's report is here. (Also linked yesterday.) ~~~
~~~ Former Speaker Elmer Fudd vs. That Rascally Raskin: ~~~
"Accessory After the Fact." Lawrence O'Donnell reads chapter & verse of the U.S. criminal code to illuminate at least one of the crimes Speaker of the House Mike Johnson confessed to committing:
Luke Broadwater of the New York Times: "House Republicans on Wednesday threatened to hold Hunter Biden, the president's son, in contempt of Congress if he did not appear for a closed-door deposition they scheduled for next week as they hunt for evidence to try to impeach his father. Hunter Biden has offered to testify publicly but resisted submitting to private questioning, saying he is concerned that Republicans will twist his words and selectively leak portions of his testimony without context.... 'The subpoenas compel him to appear for a deposition on Dec. 13. If Mr. Biden does not appear for his deposition on Dec. 13, 2023, the committees will initiate contempt of Congress proceedings,' [Reps. Jim Comer & Jim Jordan said].... The Jan. 6 committee did not refer for contempt every witness who defied its subpoenas. Mr. Jordan, for example, was among the Republican members of Congress who received a subpoena but did not cooperate with the investigation."
Tamar Hallerman, et al., of the Atlanta Journal-Constitution: "Fulton County prosecutors could call several senior officials who served in the Trump administration and Georgia's top elected leaders as witnesses during the trial for their election interference case.... Among the names prosecutors have included on their almost 200-person witness list: former Vice President Mike Pence; ex-Attorney General Bill Barr; onetime Justice Department officials Jeffrey Rosen and Richard Donoghue; U.S. Rep. Scott Perry of Pennsylvania; and Steve Bannon, the conservative provocateur and former aide to former President Donald Trump. The District Attorney's office could also call several of Georgia's top Republican leaders, including Gov. Brian Kemp, Attorney General Chris Carr, Secretary of State Brad Raffensperger and former Lt. Gov. Geoff Duncan."
Nevada Fake Electors Charged. Amy Gardner & Yvonne Sanchez of the Washington Post: "A Nevada grand jury has charged six Republicans who claimed to be presidential electors in 2020 and submitted certificates to Congress falsely asserting that ... Donald Trump had won the election in their state. Nevada Attorney General Aaron D. Ford (D) launched an investigation this fall, making his the third state after Georgia and Michigan to seek charges against the pro-Trump activists who met and cast ballots for the then-president on Dec. 14, 2020, despite Joe Biden's victory.... The felony charges facing each elector are offering a false instrument for filing, a Category C felony, and uttering a forged instrument, a Category D felony." CNN's story is here.
Wisconsin Fake Electors Cave. Patrick Marley of the Washington Post: "In a legal settlement Wednesday, the 10 Republicans who signed official-looking paperwork falsely purporting Donald Trump won Wisconsin in 2020 have agreed to withdraw their inaccurate filings, acknowledge Joe Biden won the presidency and not serve as presidential electors in 2024 or in any election where Trump is on the ballot. Wednesday's civil settlement marks the first time pro-Trump electors have agreed to revoke their false filings and not repeat their actions in the next presidential election.... Documents released as part of the settlement revealed one of the Wisconsin Republicans appeared to refer to the attempt to install Trump for a second term as a 'possible steal.' That Republican expressed skepticism about the plan but told others he was going along with it in part because he feared he would face blowback from Trump supporters if he didn't.
"The lawsuit, filed last year by two of the state's rightful electors, alleged the Republicans had taken part in a conspiracy to defraud voters and sought up to $200,000 from each Trump elector. No money is being exchanged as part of the settlement. The Biden electors are continuing their lawsuit against two attorneys who assisted the Wisconsin Republicans -- Jim Troupis, a former Dane County judge who led Trump's recount efforts in the state, and Kenneth Chesebro, who advised Republicans around the country and pleaded guilty in October to conspiring to overturn Biden's win in Georgia" CNN's story is here. (Also linked yesterday.) ~~~
~~~ Marie: Alex Wagner featured a photo of the Cheese Bro in the room with the Cheesehead fake electors as they signed the fake electors' certificate. Chesebro was taking snapshots as if they were at a party. The party's over, Kenny Boy.
Zachary Cohen, et al., of CNN: "Prosecutors in the Georgia election subversion case against ... Donald Trump have officially listed former Vice President Mike Pence as one of the witnesses who could be called to testify at trial.... Pence could become a key witness as one of the few one-time Republican allies of the former president to strongly rebuke Trump's claims of widespread voter fraud in the Peach State. 'Despite what the former president and his allies have said for now more than two and a half years and continue to insist -- the Georgia election was not stolen, and I had no right to overturn the election on January 6,' Pence said at the National Conference of State Legislatures after Trump was indicted in August." (Also linked yesterday.)
Presidential Race 2024
Jonathan Weisman of the New York Times: "A two-hour debate between four Republican presidential hopefuls on Wednesday night played out like a battle between two tag-team wrestling duos. Ron DeSantis and Vivek Ramaswamy relentlessly attacked Nikki Haley, while Ms. Haley tried to fight back with the help of the fourth candidate on the stage, Chris Christie. The debate, held in Tuscaloosa, Ala., is likely to be the last Republican National Committee-sanctioned meeting before the Iowa caucuses next month.... As the debate unspooled, the overall imperative appeared to be thwarting Ms. Haley's rise. Mr. DeSantis accused her repeatedly of cozying up to China when she led the state of South Carolina and of being tolerant of children who identified as transgender. Mr. Ramaswamy was more brutal, calling her a 'fascist' and saying she was corrupt because of ties to Wall Street and military contractors.... [Haley] appeared to rely on Mr. Christie ... for help, and he did deliver it, accusing Mr. Ramaswamy of smearing the only woman on the stage and calling him 'the most obnoxious blowhard in America.'" MB: This is the top pinned entry in a liveblog, which I accidentally forgot to link timely. ~~~
~~~ Nick Corasaniti of the New York Times: "Vivek Ramaswamy's defense of Donald J. Trump at Wednesday's debate quickly devolved into a laundry list of far-right conspiracy theories.... 'Why am I the only person, on this stage at least, who can say that Jan. 6 now does look like it was an inside job?' Mr. Ramaswamy said. (Dozens of criminal indictments and bipartisan congressional investigations rebut Mr. Ramaswamy's argument.)... As if reading a far-right message board, Mr. Ramaswamy continued, claiming that the 2020 election was stolen by 'big tech' (several intelligence agencies called it 'the most secure in American history') and that the 2016 election, which Mr. Trump won, was also 'stolen from him by the national security establishment' because of the investigation into allegations that his campaign had colluded with Russia."
Marianne LeVine, et al., of the Washington Post: "Donald Trump's campaign asked allies on Capitol Hill in recent days to publicly counter criticism that the former president would govern like a dictator in a second term, according to people familiar with the matter. Yet on Tuesday, Trump reignited that criticism. Pressed twice on the topic during a televised town hall with Fox News host Sean Hannity, including on whether he 'would never abuse power as retribution against anybody,' Trump replied: 'Except for Day 1,' before going on to talk about drilling for oil and closing the border. The conflicting messages underscored what some experts and lawmakers see as Trump's continued embrace of authoritarian rhetoric and ideas, and his refusal to fully rebuke some dire warnings about how he'd govern in a second term, even as his campaign is anticipating more attacks on this theme." ~~~
~~~ Philip Bump of the Washington Post on Sean Hannity's master class in helping a would-be dictator gain power. Before the exchange where Trump said he'd be a dictator only on Day One, "Hannity showed his audience clips of other media voices offering concerns about Trump -- and that alone was meant to be discrediting for those concerns.... Trump has been so effective at casting the non-right-wing media as untrustworthy opponents that simply presenting something they say has the effect of validating the inverse with his base.... Hannity worked hard to present Trump and his rhetoric as normal or logical."
Michigan. AP: "The Michigan Supreme Court refused Wednesday to immediately hear an appeal of a lower court's ruling that would allow ... Donald Trump's name to be on the state's presidential primary ballot. The state Supreme Court said the case should remain before the state court of appeals, and not immediately move to Michigan's highest court as a liberal group had requested."
Colorado. Isabella Murray of ABC News: "The Colorado Supreme Court heard oral arguments Wednesday in the historic challenge to Trump's ballot eligibility in Colorado under Section 3 of the 14th Amendment. During the two-hour hearing in Denver. the seven-justice court posed sharp questions central to the case, including on the definition of insurrection; whether the Capitol riot that occurred on Jan. 6, 2021 was an insurrection; and whether the 'insurrectionist ban' applies to a U.S. president. It is unclear when Colorado's Supreme Court will issue a ruling."
Stephanie Saul & Anemona Hartocolis of the New York Times: "Support for the presidents of Harvard, the University of Pennsylvania and M.I.T. eroded quickly on Wednesday, after they seemed to evade what seemed like a rather simple question during a contentious congressional hearing: Would they discipline students calling for the genocide of Jews? Their lawyerly replies to that question and others during a four-hour hearing drew incredulous responses.... Even the liberal academic Laurence Tribe found himself agreeing with Representative Elise Stefanik, Republican of New York, who sharply questioned Harvard's president, Claudine Gay.... Ms. Stefanik asked [Penn's president, Elizabeth] Magill, 'Does calling for the genocide of Jews violate Penn's rules or code of conduct, yes or no?' Ms. Magill replied, 'If the speech turns into conduct, it can be harassment.' Ms. Stefanik...: 'I am asking, specifically: Calling for the genocide of Jews, does that constitute bullying or harassment?' Ms. Magill...[:' 'If it is directed and severe, pervasive, it is harassment.' Ms. Stefanik...: 'So the answer is yes.' Ms. Magill...[:] 'It is a context-dependent decision, congresswoman.'"
To be honest, I'm a bit worried that I may be in better shape than our democracy is. -- Normal Lear, New York Times op-ed, July 27, 2022, on his 100th birthday ~~~
~~~ Richard Sefaro & Peter Keepnews of the New York Times: "Norman Lear, the television writer and producer who introduced political and social commentary into situation comedy with 'All in the Family' and other shows, proving that it was possible to be topical as well as funny while attracting millions of viewers, died on Tuesday at his home in Los Angeles. He was 101. A spokeswoman for the family, Lara Bergthold, confirmed the death. Mr. Lear reigned at the top of the television world through the 1970s and into the early '80s, leaving a lasting mark with shows that brought the sitcom into the real world." (Also linked yesterday.)
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Israel/Palestine
The Washington Post's live updates of developments Thursday in the Israel/Hamas war are here: "Israel's military entered the center of Khan Younis, the largest city in the south of Gaza, in what it described as the third phase of the war after aerial and ground attacks in the north -- while Palestinians are running out of places to seek refuge. U.N. Secretary General António Guterres invoked a rarely used power of his office to press the Security Council to 'avert a humanitarian catastrophe' as he reiterated his appeal for a cease-fire.... The Biden administration said it will impose visa restrictions on people believed to have engaged in violence in the Israeli-occupied West Bank after it had called for Israel to do more to stop extremist attacks by Jewish settlers on Palestinians. Israel's security cabinet agreed Wednesday to allow a 'minimal supplement of fuel' into southern Gaza to prevent a humanitarian collapse. The move came after the U.S. State Department called on Tel Aviv to allow more aid into the Strip." ~~~
~~~ The New York Times' live updates for Thursday are here. CNN's live updates are here.
Times of Israel: "A markedly tense meeting was held Tuesday between a group of recently released hostages, as well as family members of those still held in Gaza, and Prime Minister Benjamin Netanyahu, as well as the other members of the war cabinet. Those who were present at the gathering in Herzliya said afterward that voices were raised and that Netanyahu did not engage directly with any of their demands, largely reading remarks off of a piece of paper, angering those present. In recordings, some attendees could be heard screaming at the prime minister to resign."
Ukraine, et al.
Congress needs to pass supplemental funding for Ukraine before they break for the holiday recess. Simple as that. Frankly, I think it's stunning that we've gotten to this point in the first place. Republicans in Congress are willing to give Putin the greatest gift he can hope for and abandon our global leadership. -- President Biden, in remarks today ~~~
~~~ Joe Biden Is Tired of Trying to Reason with You People. Peter Baker of the New York Times: "President Biden called on congressional Republicans on Wednesday to put aside 'petty, partisan, angry politics' and pass a multibillion-dollar aid package for Ukraine, warning that failure to do so could enable President Vladimir V. Putin of Russia to reclaim momentum in the war and even draw in American troops. The president said that he was willing to make 'significant compromises' on border security to satisfy Senate Republicans who have refused to support further Ukraine aid without a new crackdown on illegal immigration. But Mr. Biden complained that they have been unwilling to back off what he characterized as 'extreme' demands." (Also linked yesterday.) The AP's report is here. ~~~
~~~ So Then.... Karoun Demirjian of the New York Times: "Republicans on Wednesday blocked an emergency spending bill to fund the war in Ukraine, demanding strict new border restrictions in exchange and severely jeopardizing President Biden's push to replenish the war chests of American allies before the end of the year. The failed vote highlighted waning support in the United States for continuing to fund Ukraine's war effort at a perilous time in the conflict, with Kyiv's counteroffensive failing to meet its objectives and Russia's forces on the offensive. While the bill faltered over an unrelated immigration policy dispute, the resistance it has met in Congress reflects a dwindling appetite among Republicans for backing Ukraine, as polls show that Americans are losing interest in providing financial assistance.
"In the Senate, the vote to move forward on the bill was 49 to 51, short of the 60-vote threshold needed to advance.... Democrats voted unanimously in favor of advancing the measure, but Senator Bernie Sanders of Vermont, an independent who normally votes with them, joined Republicans in opposition. Mr. Sanders had argued in a letter to his colleagues that it would be 'absolutely irresponsible' to provide Israel with billions of dollars in unconditional military assistance, given the rising civilian death toll in Gaza." The NBC News story is here.
Venezuela. Genevieve Glatsky & Isayen Herrera of the New York Times: "Venezuela's top prosecutor accused several top opposition figures of treason and ordered their arrest on Wednesday, the latest blow to prospects for credible elections that the government has agreed to hold next year in exchange for the lifting of crippling U.S. economic sanctions. The attorney general, Tarek William Saab, said that opponents of the leftist government had accepted money from ExxonMobil to sabotage President Nicolás Maduro's recent referendum on annexing a large, oil-rich region in Guyana." MB: This is precisely what would happen in the USA in a second Trump presidency*. We know this because Donald Trump has said so. Have a banana.
News Lede
Washington Post: "The University of Nevada at Las Vegas became the latest scene of a multiple shooting on Wednesday when a gunman began firing on campus, killing three people and critically injuring a fourth who by evening was in stable condition. Law enforcement officials said the shooting began on the fourth floor of Beam Hall, site of UNLV's Lee Business School, and that two university police officers engaged and 'neutralized' the gunman soon after the first alert sounded. Las Vegas police announced the gunman's death a few hours later."