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Month: August 2023

The unusual warning

This should be standard in any Trump indictment. He constantly obtructs justice:

Lawyers who practice frequently in Washington, D.C., including MSNBC contributor Glenn Kirschner, say that most of the conditions of release imposed on Trump by the magistrate judge were standard, including the requirement that he not commit a crime while free.

However, they say that Judge Moxila Upadhyaya did issue a warning to Trump that is not commonly given to defendants at arraignments: “Finally, sir, I want to remind you that it is a crime to try to influence a juror, or to threaten or attempt to bribe a witness or any other person who may have information about your case, or to retaliate against anyone for providing information about your case to the prosecution, or to otherwise obstruct the administration of justice.”

Andrew Weissman had a similar impression:

[T]he standard condition that a judge usually emphasizes to a defendant is that they have to show up at each court appearance. That is the most important thing. That is what bail is for — so that you’ll show up in court. 

But I heard that the standard condition and most important thing today is “do not commit a crime’’ followed up by “do not tamper with a juror.” My first reaction was, I was a prosecutor for 21 years and I was a defense lawyer for five years, and I’ve never heard that.

Trump has no compunction about threatening witnesses, prosecutors and judges, he does it openly all the time. Everyone one America knows this. This warning from the judge won’t stop him. Their whole legal theory is based upon the idea that threatening witnesses and ordering crimes to be committed by others is protected speech. Mob Bosses must be very interested in how this comes out.

Team Coup or not?

I am unwilling to forgive Mike Pence for his four years of servility to a sociopath and his dereliction in failing to tell the public that Trump was planning a coup as he was doing it. But I guess we do have to acknowledge that he seems to have finally realized that there is no constituency for him anywhere and that he might as well be instrumental in ensuring that Trump doesn’t have the chance to do it again.

Josh Marshall writes:

Trump’s coup indictment and his own conspicuous role in the indictment narrative and chain of evidence seem finally to have convinced Pence that this is a divide he simply cannot straddle. You’re either on Team Coup or you’re not.

Some quotes from the 48 hours after the indictment was handed down.

Pence: “The American people deserve to know that President Trump and his advisors . . . asked me . . . essentially to overturn the election. And to keep faith with the oath that I made to the American people and to Almighty God, I rejected that out of hand. And I did my duty that day.”

Pence: “Let’s be clear on this point. It wasn’t that they asked for a pause. The president specifically asked me and his gaggle of crackpot lawyers asked me to literally reject votes which would have resulted in the issue of being turned over to the House of Representatives.”

Pence: ““President Trump asked me to put him over the Constitution. But I chose the Constitution… I really do believe that anyone who puts themself over the Constitution should never be president of the US.”

I think there are a few other quotes out there. But you get the gist from these. They are of course self-congratulatory. He chose the constitution. He did his duty. He fulfilled his oath to God and the American people. He’s running for office. That’s natural. And he’s also not wrong.

One of the revelations in the Jan 6th indictment, not entirely surprising but still notable, is that Pence and Pence’s testimony are central to the case. He kept contemporaneous notes of key events in those crucial days. Again, not surprising but very significant as evidence at trial. And from the moment this became clear Pence seemed to realize there was no straddling this fateful divide. You’re on Team Coup or you’re not. And being revealed as inevitably on the ‘not’ side, he might as well lean into it. And he is.

Pence remains a fascinating, almost novelistic figure in this drama, almost a reductio ad absurdum, a mathematical representation of how to do the right thing with the least physically measurable quanta of dignity possible. In the two and a half years since, a hero’s role in the drama has always been there for the taking. But he’s never taken it. Indeed, he compromised it so thoroughly in real time it’s hard to say how much that role even existed. At Trump’s demand he also made pressure calls to state officials. But they seem to have been, at least in his telling, low energy and perfunctory. “I did check in with,” he told Face the Nation early last month, “not only Gov. Ducey, but other governors and states that were going through the legal process of reviewing their election results, but there was no pressure involved.” He went along with or made no clear efforts to derail the unfolding coup attempt. Indeed, he even publicly pined and anguished over whether there might yet be some way, consistent with law and constitution, he could give Trump what he wanted. Yet he finally decided, seemingly with critical guidance from retired Judge J. Michael Luttig, that he could not. It’s almost as if Pence found himself cornered, in spite of himself, with no options left other than to do the right thing.

And yet if Pence had gone along with Trump’s demands there’s little question his action would have kicked off a constitutional crisis without precedent in American history. Law, constitution, history and experience all make it crystal clear that Pence had no right or ability to do what Trump demanded. But Trump and Co weren’t so much looking for an action as a pretext. Sure he had no power to do it. But if he did, who was going to back stop that constitutional and legal reality? The White House was in the defeated but still empowered President’s hands. The Congress was controlled by his party. The Supreme Court – yes, let’s be real here – was too. Critically, the House of Representatives, which actually chooses a President in a disputed election, had Republicans lining up to violate their oaths and provide a papery wrapper of legitimacy to Trump’s coup.

Pence had no power to do it. But who was going to stop him? He also didn’t need power. Trump had the power. He and the rest of Team Coup just needed a pretext.

For reasons beyond the scope of this post I believe Joe Biden in all likelihood still would have been sworn in as President on January 20th, 2021. But the path to getting there would have been more chaotic, more damaging and quite possibly more violent. And there’s no guarantee it would have happened at all. That treacherous enemy of the Republic, Jeff Clark, had a ready solution for anyone who didn’t like it: invoke the Insurrection Act, which is to say use the American military to enforce order against, murder any Americans who were unwilling to let the Republic be overthrown.

Since that day Pence has been in a sort of long twilight struggle to evade credit for that critical moment. But it’s un-straddle-able divide. You’re either on Team Coup or you’re not.

He’s not .Finally. But he sure as hell took a long time to realize that refusing to give Trump what he wanted was the single best moment of his ignominious career.

71% of Republicans want to abandon Ukraine

Semafor reported on a new ad campaign to promote support for Ukraine among Republicans. It’s needed:

poll by CNN released on Friday found support for more Ukraine funding hitting new lows, with 55% of respondents opposed to new aid. 71% of Republicans say the U.S. has done enough to assist Ukraine already, underscoring the challenge the group faces.

I can’t tell you how mind-boggling this is considering the Republican Party I’ve grown up with. It’s very strange. The only thing that makes sense is that Russia is white, Christian and authoritarian so they consider it an ally.

Fighter jets, truck drivers, American flags, a narrator with a twang, and a country-rock soundtrack: That’s how a new group lobbying Congress to pass more aid for Ukraine plans to woo their constituents.

The spot for the organization, Freedom at Home and Abroad, will air on NBC’s “Meet the Press” and “Fox News Sunday” this weekend, according to executive director Michael Franklin, who said the organization is spending $400,000 on media in August. Details of the campaign were shared ahead of time with Semafor.

The group’s target is pretty clear: blue collar, Republican-leaning voters, who polls show are divided over whether to provide Ukraine with further aid. The aesthetics are right out of a Ford F-150 commercial.

“Tell Congress: we’re not weak or scared,” the voiceover says. “We stand for American values. And when we stand up to bullies, we show that America is strong enough to take on anyone. We stand with Ukraine.”

The ad also tries to play on negative views in the U.S. toward the Chinese government: one clip features Russian President Vladimir Putin shaking hands with Chinese President Xi Jinping.

This fits with arguments I’ve often heard around Capitol Hill: Republicans supportive of Ukraine frequently say that a victory by Putin in Ukraine would embolden Xi to try to invade Taiwan.

Before launching the campaign, Freedom at Home and Abroad conducted focus groups with Republican-leaning voters in Phoenix and Atlanta to understand attitudes on sending aid to Ukraine.

According to a summary of the results viewed by Semafor, the Republican participants worried that a Russian success in its invasion of Ukraine could fuel Chinese aggression while depleting U.S. military supplies. Some participants complained about the cost of sending more assistance to Ukraine, but understood there would be a “political price” if the U.S. were to abandon support, the document said.

China is authoritarian too but it isn’t white and Christian and that’s what really matters so it figures that the only way to move Republicans to support Ukraine is to frame it as necessary to stop Chinese aggression. Sadly, it’s probably the only way to do it.

Keeping up with the Justins

Um, that’s a lot

You remember these two? (The Tennessean):

Four months after an expulsion vote thrust the pair into the national spotlight, Democratic state Reps. Justin Jones and Justin Pearson formally won reelection Thursday to their seats in the Tennessee General Assembly.

Republicans voted to oust Jones and Pearson from the legislature in April after they interrupted House proceedings with a gun-control protest. But the two were quickly reappointed to the seats until this summer’s special elections.

In Nashville, Jones defeated Republican opponent Laura Nelson with nearly 80% of the vote for the House District 52 seat. In Memphis, Pearson defeated Republican Jeff Johnston with more than 90% of the vote for the House District 86 seat.

I had to read those margins again. Had a good laugh, too.

“Today is a landslide victory by the people, for the people, and in community with the people,” Jones said in a statement to The Tennessean. “Republicans tried to expel our democracy and then tried to buy it, but the voters of District 52 sent a message to extremist Republicans: we will not be silenced.”

Guess not.

A cancerous legacy

Trump, Trumpism and the Ku Klux Klan Act of 1871

“I’ve probably been called the ‘N’ word more times in the last two and a half years than a hundred people combined,” Willis said.

“It ends with me.”

Contemplating generations of family dysfunction that damaged him as a child and haunted his adulthood, a friend once vowed he would not pass “it” on to his children.

America has yet to make that commitment and keep it.

Donald Trump was formally charged in Washington, D.C. on Thursday with four federal crimes stemming from his efforts to overturn the results of the 2020 presidential election. Those efforts did not culminate with the violent insurrection he inspired at the U.S. Capitol on Jan. 6. Trump and his co-conspirators worked to subvert democracy that evening, even as police cleared the complex of rioters, and as hospitals treated the hundreds injured and processed the dead.

The last of the charges special counsel Jack Smith’s indictment levied against Trump dates from the Reconstruction era. Will Bunch reminds Philadelphia Inquirer readers that President Ulysses S. Grant signed the Ku Klux Klan Act of 1871 in response to a similar post-election riot in South Carolina the year before. The law is the third of the Enforcement Acts passed to address white blowback to post-Civil War enfranchisement of former slaves (the males, anyway).

The Washington Post recounted what prompted the act’s drafting:

“We have just passed through an Election which, for rancour and virulence on the part of the opposition, has never been excelled in any civilized community,” South Carolina’s Republican governor, Robert K. Scott, wrote to Grant in fall 1870. “Colored men and women have been dragged from their homes at the dead hour of night and most cruelly and brutally scourged,” Scott reported, “for the sole reason that they dared to exercise their own opinions upon political subjects.”

The opposition, Scott told Grant, had declared “that they will not submit to any election which does not place them in power.” Klan sympathizers were even plotting to disrupt the vote tally. “I am convinced that an outbreak will occur here on Friday … the day appointed by law for the counting of ballots,” Scott wrote.

The three Enforcement Acts from that period are still on the books. Trump is charged under 18 U.S.C. § 241 for conspiracy to “to injure, oppress, threaten, or intimidate any person … in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.”

Bunch writes, “Critics on the right may point to the age and relative obscurity of the law Trump was charged under to suggest that prosecutor Smith is overreaching. But in reality, invoking the anti-KKK statute feels like a remarkable and long overdue collision with the arc of justice.”

Over 150 years beyond the Civil War, the Third Enforcement Act remains relevant because this country has yet to — in its soul — make the vow not to pass on the racial animus that inspired it onto the next generation.

Certainly Fred Trump did not, Bunch writes, citing his 1927 arrest at a Klan rally in New York and Donald Trump’s history of racially inflammatory statements and actions. Trump’s scheme to throw out 2020 votes targeted cities with significant Black populations:

“Bad things happen in Philadelphia,” Trump famously told a 2020 debate — priming the pump for his foundational and utterly phony belief that voter fraud was coming from Democratic-run cities with large Black populations. When Trump started to fall behind in the vote tally about 24 hours after the polls closed on Nov. 3, 2020, his focus — and that of his henchmen — immediately turned to the swing-state cities where African Americans had voted in large numbers, especially Detroit, Atlanta, and Milwaukee, in addition to Philly.

Sherrilyn Ifill, former president and director-counsel of the NAACP Legal Defense Fund, addressed the country’s racist legacy Thursday evening with MSNBC’s Chris Hayes.

Trump’s narrative of illegitimate votes being behind his 2020 loss, she insisted, only works because it feeds racist tropes that resonate with a large minority of white Americans. Enough to inspire thousands to answer his call to come to the District on Jan. 6 and to storm the U.S. Capitol at his prompting. It animates the Republican claims that Trump cannot get a fair trial in Washington, D.C., a city that, like Philadelphia, Detroit, Atlanta, and Milwaukee, has a heavily Black population.

“Are we equal citizens under law or are there different classes of citizens?” Hayes posited as an unresolved issue in American history. The contention, explicit or implicit, behind the notion that some votes are illegitimate, “is that there are two classes of citizens, some of whose votes are suspect, their actions are suspect, cannot be trusted to fulfill the constitutional obligation to serve on a jury of peers, because they are fundamentally a lower order of citizen.”

As it was in 1870.

Trump reinforced that anti-Black narrative before leaving town Thursday. Denigrating Washington, D.C. where he will face trial, Trump claimed he’d witnessed “filth and the decay and all of the broken buildings” on his short drive to and from the airport. As the indictment document makes clear, Trump lies with abandon.

Hayes played a clip of Fulton County Georgia district attorney Fani Willis recounting how many racist slurs she’s experienced since opening her investigation into efforts to overturn Georgia’s 2020 presidential results (that went against Trump).

“I’ve probably been called the ‘N’ word more times in the last two and a half years than a hundred people combined,” Willis said.

The pattern is clear. It is generational. To deny it is folly, and a threat to our continued existence as a nation. The whole world saw that on Jan. 6.

“To pretend that that is not a very essential part of Trump’s strategy, his appeal to a segment of the America population, and the willingness of the Republican Party — and in fact they have trafficked in this stuff, perhaps less blatantly, for many, many years — that’s what we’re facing,” Ifill responded, noting that the racial subtext to Trump’s strategy appears nowhere in the 45-page indictment.

“And if we pretend this is just about Trump and just about some charges but we leave that part out, we’re leaving the danger and the cancer still among us unaddressed.”

Bunch concludes:

White supremacy is the virus that has sapped democracy on this continent since 1619. The Civil War, Reconstruction, and the Ku Klux Klan Acts of 1870-71 were a bold attempt at finding our better angels and imposing a cure — but it fell way short. Consider the case of the United States of America vs. Donald Trump a booster shot. The trial of our former president may decide once and for all whether we were actually serious when we proclaimed that all people are created equal.

“We” were not. Pretty words. Aspirational. Powerful. Inspiring. But for a large segment of our people, words never fully embraced. More deeply rooted than our democratic norms is the belief that there are, as Hayes suggested, “different classes of citizens,” some a “fundamentally a lower order of citizen.” Some even who do not deserve citizenship by virtue of their skin color. That generational dysfunction persists despite what the documents encased in glass at the National Archives promise.

Was my friend successful in putting behind him his family’s cancerous legacy? I don’t know.

A sycophant scorned

Hell hath no fury…

ICYMI:

Regular readers know very well what I think about this guy. He is as responsible for Trump’s degradation of democracy as anyone. But I am going to enjoy watching him needling Trump in interviews like this. If there are any normie Republicans left who haven’t been totally brainwashed, someone like Barr still probably has some juice.

Yikes

CNN has a new poll out showing that almost 70% of Republicans believe that Biden is not a legitimate president. That’s 69% up from 63% for the last year. WTF is wrong with these people???

It’s good to look at the bigger picture, however and recognize that while this does represent tens of millions of our fellow Americans, it’s far from a majority:

Overall, 61% of Americans say Biden did legitimately win enough votes to win the presidency, and 38% believe that he did not. Among registered voters who say they cast a ballot for Trump in 2020, 75% say they have doubts about Biden’s legitimacy.

That says more about them than it does about Trump.

In Bizarro World, Hunter Biden’s former partner implicated him in a crime

Here on planet earth it was the opposite

Zombie irony, dead again

The transcript of the testimony earlier this week from Devon Archer has been released and Philip Bump has the details:

Soon after Hunter Biden’s former business partner Devon Archer finished testifying before investigators working for the House Oversight Committee, two top House Republicans joined Sean Hannity’s Fox News program in prime time.

Archer’s testimony was enormously damaging to President Biden, they suggested, with House Oversight Committee Chairman James Comer (R-Ky.) insisting that Archer’s testimony made the bribery allegation he’d first introduced two months ago “more credible.” That allegation centered on the Ukrainian energy company Burisma, where Hunter Biden and Archer once sat on its board.

Archer “said that Hunter Biden was under immense pressure while they both served on the Burisma board to call Washington, D.C., immediately and try to get Shokin fired,” Comer told Hannity. “That’s the Ukrainian prosecutor. And not many days later, Joe Biden traveled to Ukraine” — a trip in which he called for Shokin’s ouster.

House Judiciary Committee Chairman Jim Jordan (R-Ohio) reiterated this same claim a short while later, that after a Burisma board meeting in Dubai in early December 2015, Hunter Biden and Burisma executives “make a phone call to D.C. … I don’t know who they call, but they call D.C. And five days later, Dec. 9, 2015, Joe Biden is in Ukraine and he gives a speech starting the pressure on the prosecutor in Ukraine.”

All of this is tied together in the narrative that Comer and Jordan have been presenting: Burisma was being probed by prosecutor Viktor Shokin so they needed Hunter Biden to loop in his father, and his father obliged. The bribery claim asserts that Mykola Zlochevsky, the founder of Burisma with whom Hunter Biden and Archer met, had paid millions to Biden and his father to help protect the company from Shokin.

On Thursday, the Oversight Committee released a transcript of Archer’s testimony — testimony for which Comer wasn’t present. What Archer said not only doesn’t comport with the presentations made by Comer and Jordan on television (which were obviously wrong from the outset), his testimony undermines the idea that Burisma wanted Shokin fired, that Zlochevsky paid any bribe — and, crucially, that Joe Biden was involved in any of this.

Archer explained that his work for Burisma was centered on finding external financing for the then-young company to expand. Hunter Biden also helped set up connections in Washington, helping “set Burisma up with [legal firm] Boies Schiller, with Blue Star Group, with the DHS lobbyists, with a whole government affairs and lobbying team in D.C.”

He said that Biden’s last name helped — and that Hunter Biden sought to give the impression he was leveraging Joe Biden in his role. But he also testified that Hunter Biden knew this was deceptive. Archer confirmed an email in which Hunter Biden discussed how to frame an announced trip by the then-vice president to Ukraine.

“The announcement of my guy’s” — his father’s — “upcoming travels should be characterized as part of our advice and thinking — but what he will say and do is out of our hands,” the email read. “In other words, it could be a really good thing or it could end up creating too great an expectation.”

This distills Archer’s broader point: Hunter Biden wanted to give the impression he could bend Joe Biden’s will but, in private conversation, he said he couldn’t.

“He was getting paid a lot of money,” Archer told the investigators, “and I think, you know, he wanted to show value.”

It is true, Archer said, that in December 2015, Zlochevsky and Burisma were under a lot of pressure. But Shokin was not a cause of that pressure, he testified — Shokin was an asset.

“There was capital tied up in London, 23 million pounds. There was, you know, a U.S. visa denied and then a Mexico visa denied,” he testified. “Shokin wasn’t specifically on my radar as being an individual that was — that was targeting him. But, yes, there was constant pressure.”

The sort of pressure that those non-vice-presidential connections Hunter Biden had helped set up were designed to try to relieve. Pressures unrelated to Shokin.

In fact, as Rep. Dan Goldman (D-N.Y.) pointed out in questioning Archer, Shokin had himself helped relieve some of that pressure on Burisma. Those assets in London? They were unfrozen in part because Shokin refused to assist a British investigation into Zlochevsky, Goldman noted.

“This goes to the idea that Shokin, who was prosecutor general in 2015, was good for Burisma,” Goldman said.

“Uh-huh,” Archer replied.

When Biden traveled to Ukraine in December 2015 — a trip that was announced publicly before the phone call that Jordan and Comer implied had triggered it — he joined other international leaders in condemning Shokin’s performance. (This was not, as Jordan claimed on Fox News, the “starting [of] pressure” on Shokin.) Archer testified that he was told by Burisma’s team in Washington that this pressure from Biden “was bad for Burisma.”

Archer agreed that the fact that “Shokin did not pursue corruption investigations against Burisma’s owner, effectively shielding the owner from prosecution,” as Goldman articulated it, meant that Shokin’s ouster put Burisma and Zlochevsky at more risk, not less.

More broadly, Archer severely undercut Republican claims about Hunter Biden’s interactions with his father.

He at first indicated that Hunter Biden had called his father after that meeting in Dubai in December 2015 but later said that he only knew that Hunter had “called D.C.”

So, he was asked, did Hunter Biden ever ask his father to take official actions on behalf of his business partners? “He did not,” Archer said. “He did not ask him — to my knowledge, I never saw him say, do anything for any particular business.”

Archer was asked later to confirm that he was not aware of any policy discussion between Hunter Biden and his father or of any occasion on which he asked the then-vice president to do anything improper. “That’s my understanding,” Archer said.

What about that bribe? Would he disagree with the idea that an FBI interview form that was the root of Comer’s initial claim actually constituted evidence of a bribe? “Yeah, I would,” Archer said, noting that (as the informant who claimed to have been told about the bribe noted) this sort of boasting was common in such situations — “very similar to D.C. operators,” Archer added, not needing to identify Hunter Biden as such an operator. What’s more, he said — under penalty of perjury, mind you — he was never aware of any such bribe offered to Hunter Biden or anyone else.

There was never a good reason to believe that the bribe allegation was legitimate, and Comer’s repeated claims about it have done enormous damage to his credibility. To have Devon Archer dismiss it certainly isn’t complete exoneration, but it is more evidence against the idea that it occurred.

Consider the first words out of Comer’s mouth in that interview with Hannity: “Every day this bribery scandal becomes more credible.” In fact, Archer’s testimony pointed precisely in the opposite direction.

That’s the pattern here. Comer and Jordan and others hype claims of Joe Biden’s involvement in Hunter Biden’s work only to see those claims collapse as more information is made public. Devon Archer’s testimony was hailed as a central breakthrough in implicating Joe Biden. Instead, it has a top ally of Hunter Biden stating under penalty of perjury that Joe Biden was not involved in Hunter Biden’s business and that Biden’s trip to Ukraine in 2015 was not centered on protecting Burisma at all.

Very much contrary to what those leading Republicans implied on Fox News.

What fresh hell is this?

As one twitter wag quipped: “Less than a year ago reporters were gushing over how ‘savvy’ DeSantis is.”

DeSantis just wrapped up a three-day trip to New Hampshire, his first since downsizing his campaign due to financial problems. On the ground, it was clear the challenges he faces here remain significant, even as his chief rival confronts major legal problems. But on paper, Desantis’s path to winning the GOP nomination is clear, said Scott Maltzie, a Republican activist and DeSantis supporter from Concord.

“We’ve got to convince the soft Trump voters not to vote for Trump,” he said, after DeSantis spoke in Rochester Monday. “And we’ve got to convince the people currently supporting the others that they have no chance in hell.” […]

Throughout his trip to New Hampshire, he appeared bent on demonstrating that no candidate talks tougher. He promised that, under his presidency, Mexican drug cartels would be “shot stone cold dead,” and vowed that when it comes to federal bureaucrats, “we are going to start slitting throats on Day One.”

So he plans to appeal to the soft Trump voter by being even more bloodthirsty? Interesting strategy…