He’s doing that because he knows, because people are saying, big strong people with tears running down their faces and calling him “sir”, that global warming is a communist hoax.
That or he is honoring one of the few promises he has ever kept. The one to his fossil fuel donors, give me a billion and I’ll end all regulation of your profits.
Emil Bove III, supremely loyal Trump criminal attorney, is, unless several Republicans find their spines, about to be confirmed for a lifetime seat on the federal appeals bench, with a party line majority of 51-50 or so. That would put the relentless, unprincipled 44 year-old Trump warrior, Trump’s present day Roy Cohn, in position to take ethically compromised Samuel Alito’s or Clarence Thomas’ smelly seat before the midterms, when he could be confirmed 51-50.
Bove is, not to put too fine a point on it, a straight up evil fuck. Significantly, Bove lacks candor. A lawyer, as an officer of the court, has a duty of candor to the court. Bove (as made explicit in a 2/5/25 memo from Pam Bondi the day after she was confirmed as AG, quoting Executive Order, Ending the Weaponization of The Federal Government (Jan. 20, 2025)) instructed DOJ subordinates to fuck candor to the fucking court if the court was not letting DOJ carry out the policies and directives of Mr. Trump.
A prevaricating, stonewalling lawyer is bad, unethical, an enabler of evil practices and subject to disbarment in the rare case where the stars line up correctly. If a dishonest lawyer works for the Department of Justice, it’s very dangerous, for justice and democracy. Imagine the harm a federal appeals judge without candor can do to the faithful administration of justice. Try to imagine a harm an unappealable Justice without candor, or the capacity for remorse (a feature of moral weaklings in a fascist regime) would not be capable of doing.
Here are a few highlights from the resignation letter of Trump appointee, acting US Attorney for SDNY, Danielle Sasson, on being instructed, by then acting AG Emil Bove, to conditionally drop the charges against NYC mayor Eric Adams in exchange for Adams’ agreement to allow ICE raids in New York City. The letter was sent to Pamela Jo Bondi, Attorney General of the United States. Bondi apparently accepted the resignation of this principled Trump appointee:
You and I have yet to meet, let alone discuss this case. But as you may know, I clerked for the Honorable J. Harvie Wilkinson III on the U.S. Court of Appeals for the Fourth Circuit, and for Justice Antonin Scalia on the U.S. Supreme Court. Both men instilled in me a sense of duty to contribute to the public good and uphold the rule of law, and a commitment to reasoned and thorough analysis. I have always considered it my obligation to pursue justice impartially, without favor to the wealthy or those who occupy important public office, or harsher treatment for the less powerful.
I therefore deem it necessary to the faithful discharge of my duties to raise the concerns expressed in this letter with you and to request an opportunity to meet to discuss them further. I cannot fulfill my obligations, effectively lead my office in carrying out the Department’s priorities, or credibly represent the Government before the courts, if I seek to dismiss the Adams case on this record. . .
. . . Rather than be rewarded, Adams’s advocacy should be called out for what it is: an improper offer of immigration enforcement assistance in exchange for a dismissal of his case. Although Mr. Bove disclaimed any intention to exchange leniency in this case for Adams’s assistance in enforcing federal law,[1] that is the nature of the bargain laid bare in Mr. Bove’s memo. That is especially so given Mr. Bove’s comparison to the Bout prisoner exchange, which was quite expressly a quid pro quo, but one carried out by the White House, and not the prosecutors in charge of Bout’s case. . .
. . . Moreover, dismissing the case will amplify, rather than abate, concerns about weaponization of the Department. Despite Mr. Bove’s observation that the directive to dismiss the case has been reached without assessing the strength of the evidence against Adams, Adams has already seized on the memo to publicly assert that he is innocent and that the accusations against him were unsupported by the evidence and based only on “fanfare and sensational claims.” Confidence in the Department would best be restored by means well short of a dismissal. As you know, our office is prepared to seek a superseding indictment from a new grand jury under my leadership. We have proposed a superseding indictment that would add an obstruction conspiracy count based on evidence that Adams destroyed and instructed others to destroy evidence and provide false information to the FBI, and that would add further factual allegations regarding his participation in a fraudulent straw donor scheme. . .
. . . For the reasons explained above, I do not believe there are reasonable arguments in support of a Rule 48(a) motion to dismiss a case that is well supported by the evidence and the law. I understand that Mr. Bove disagrees, and I am mindful of your recent order reiterating prosecutors’ duty to make good-faith arguments in support of the Executive Branch’s positions. See Feb. 5, 2025 Mem. “General Policy Regarding Zealous Advocacy on Behalf of the United States.” But because I do not see any good-faith basis for the proposed position, I cannot make such arguments consistent with my duty of candor. N.Y.R.P.C. 3.3; id. cmt. 2 (“A lawyer acting as an advocate in an adjudicative proceeding has an obligation to present the client’s case with persuasive force. Performance of that duty while maintaining confidences of the client, however, is qualified by the advocate’s duty of candor to the tribunal.”). . .
. . . I remain baffled by the rushed and superficial process by which this decision was reached, in seeming collaboration with Adams’s counsel and without my direct input on the ultimate stated rationales for dismissal. Mr. Bove admonished me to be mindful of my obligation to zealously defend the interests of the United States and to advance good-faith arguments on behalf of the Administration. I hope you share my view that soliciting and considering the concerns of the U.S. Attorney overseeing the case serves rather than hinders that goal, and that we can find time to meet.
In the event you are unwilling to meet or to reconsider the directive in light of the problems raised by Mr. Bove’s memo, I am prepared to offer my resignation. It has been, and continues to be, my honor to serve as a prosecutor in the Southern District of New York.
Here’s a short excerpt from Emil Bove’s acceptance of Danielle Sasson’s resignation letter (nicely annotated by the Grey Lady) in which he suspended lawyers working for Sasson and told her they’d all be investigated for disloyalty to the Boss and flagrant violation of Executive Order 14147.
On January 20, 2025, in Executive Order 14147, President Trump established the following policy: “It is the policy of the United States to identify and take appropriate action to correct past misconduct by the Federal Government related to the weaponization of law enforcement.” In a February 5, 2025 memorandum setting forth the Department’s general policy regarding zealous advocacy on behalf of the United States, the Attorney General stated:
[A]ny attorney who because of their personal political views or judgments declines to sign a brief or appear in court, refuses to advance good-faith arguments on behalf of the Administration, or otherwise delays or impedes the Department’s mission will be subject to discipline and potentially termination, consistent with applicable law.
Your Office was not exempted from the President’s policy or the Attorney General’s memorandum.
Here is a former AG Merrick Garland’s October 4, 2021 memorandum, duly rescinded by Pam Bondi in footnote two of the Führerwortes haben Gesetzeskraft [1] memo of 2/5/25. It is now officially and explicitly NOT the policy of the totally, like not-weaponized Trump DOJ that: the Department is steadfast in its commitment to protect all people in the United States from violence, threats of violence, and other forms of intimidation and harassment.
[1] Führerwortes haben Gesetzeskraft “the Leader’s words have the force of law”
That’s one way of looking at it, I suppose. Musk’s AI creation, Grok, recently expressed religious veneration for the greatest human/deity in history, Adolf Hitler. Hitler famously said “conscience is a Jewish invention”. I don’t know if Mr. H. was right about that, I do know that iron-willed repression of conscience was necessary for the men originally tasked with the liquidation of Jews, men, women and children, and others deemed undesirable by Mr. Hitler. Members of the einsatzgruppen, the death squads, regularly developed drinking problems, suffered nightmares and mental breakdowns after shooting countless civilians in the head and forcing locals to bury the dead in trenches. They had a high burnout rate and had to be replaced regularly, which (along with the bullets needed for battles everywhere) was one impetus for a mechanized Final Solution.
Part of the far-right’s (not very coherent) critique of “wokeness” is that it is empathy run amok, turning victims of the “woke virus” into performatively empathetic weak prey animals unaware of the true Darwinian nature of the world where only the ruthless can triumph morally. The New York Times published a brilliant op ed by Jennifer Szalai on the Christian right’s condemnation of empathy as practiced by most of the rest of us. An excellent discussion, with some great insights from, and into, my hero, Hannah Arendt. Not surprising that Hannah made an excellent contribution to Jennifer Szalai’s analysis of this perverse Christian nationalist condemnation of empathy.
Here’s a taste:
The Death of Thinking
The death of thinking, in fact, was what Arendt worried about in her work on totalitarianism. When she reported on the trial of the Nazi official Adolf Eichmann in Jerusalem, what struck her was his “thoughtlessness.” At one point Eichmann declared that “he had lived his whole life according to Kant’s moral precepts” — a claim that was particularly outrageous to Arendt, who elsewhere wrote about Kant’s concept of the “world citizen.” Such citizenship was not, she maintained, a matter of “an enormously enlarged empathy” but something more rigorous: “One trains one’s imagination to go visiting.”
Click on the image below for the piece, gifted to you by The New York Times, which owns it, I’m just providing them a free ad.
Here’s some interesting and important material on the “judicial temperament” of Trump’s favorite unprincipled legal Pitbull, Emil Bove III, from an op ed in today’s New York Times. Bove is about as MAGA as they come, apparently deeply drawn to the intoxicating scent given off by America’s Greatest Winner Ever, or, at least, what he can get by loyal proximity to Jeffrey Epstein’s close friend.
In 2018 a defense lawyer, speaking on behalf of a group of colleagues, including several former prosecutors, wrote to a supervisor in the U.S. attorney’s office complaining about Mr. Bove’s “unprofessional and unethical” behavior. One former assistant U.S. attorney quoted in the email said that Mr. Bove was “a prosecutor version of a drunken driver — completely out of control” and that Mr. Bove was “quick to bully and threaten.” Still another said that he “seems totally hung up on a power trip.”
That complaint was followed by an incident that appeared to vindicate these warnings, when a federal judge dismissed a prosecution supervised by Mr. Bove after a request from the U.S. attorney’s office. In the case, which involved charges that the defendant had evaded sanctions imposed on Iran, the judge found that prosecutors had attempted to bury exculpatory evidence and then lied to the court about the matter. The misconduct was so severe that the U.S. attorney’s office, even after a jury verdict in its favor, chose instead to end the prosecution.
Then a group of his colleagues complained that Mr. Bove showed uncontrolled anger and was abusive toward subordinates, and they asked that he be demoted from a supervisory role. Mr. Bove was not demoted, but he decided to leave the U.S. attorney’s office shortly after that, in 2021.
Unlike many of his colleagues in the Southern District, Mr. Bove found a soft landing not at a major New York law firm but at a midsize firm in suburban New Jersey. In short order, though, Mr. Blanche asked Mr. Bove to join him in a new venture: a tiny law firm devoted to the criminal defense of Mr. Trump.
At his confirmation hearing, Mr. Bove portrayed his decision to defend Mr. Trump as an act of courage. “All manner of evil and negative consequences were sort of foisted and thrown at Todd and I regularly as we had to make a decision, and many others didn’t have the courage to make to stand up for what was right,” he said. He added, “That was a decision to fight for what was right and fight for the rule of law.” Mr. Blanche and Mr. Bove lost Mr. Trump’s criminal case in Manhattan, but as far as their career fortunes were concerned, they won big, securing themselves their next jobs. . .
. . . Mr. Bove fired about two dozen federal prosecutors in Washington who had brought cases against Jan. 6 rioters, and he endorsed the view that these prosecutions [he himself prosecuted many of the J6 cases] were a “grave national injustice.” Asked at his hearing whether Joe Biden won the 2020 election, Mr. Bove conceded only that Mr. Biden was “certified” as the victor.
Sound about right for a lifetime seat on the federal appeals court, one step away from replacing Alito or Thomas, after their perfectly legal (6-3, suckers!) prospective and retrospective blanket lifetime pardons from Trump? Even a flagrantly criminal pardon, sold to the highest bidder, is cool, as long as the president does it in his official chair at the Resolute desk. So saith the MAGA Six. Emil Bove III would certainly agree. That’s called judicial temperament in MAGA world.
Boof, displaying judicial temperament at his confirmation hearing
A highly problematic report from the highly problematic New York Times:
It’s no longer a gratuitous comparison, MAGA is, in every essential way, the National Socialist German Workers Party who had such stupendous success during the early years of World War Two. The requirement of a personal loyalty oath to your superior officer (see, e.g., Führereid or Führer Oath) flows directly from the Führerprinzip, the irrefutable idea that all authority and power flows downwards from the infallible Leader through his chosen chiefs. It is supported by that old motto of the Third Reich, Führerworte haben Gesetzeskraft, “the Leader’s word is law” since the Leader is the ultimate expert on every subject.
You don’t advance in this hierarchic, loyalty-based system where you may never question orders unless you accept that you’ll be punished severely if you disagree with the boss — on any grounds. Principled dissent, or — as some might claim — acting on conscience, or in obedience to constitutional limits of power, forbidden. Defiance of authority is a fatal violation of the loyalty oath you are duty-bound to keep, in an authoritarian party. If part of your duty is to faithfully tell any lie you’re required to tell (and now, as then, there is required language you must always use when asked certain questions — Sprachtregelung [1]) , then you are part of a totalitarian regime.
Make no mistake, these grossly unqualified, radically ambitious extremists in charge of Trump’s federal government are National Socialists, our own homegrown modern American Nazis (though the FBI director’s immigrant parents both emigrated from Uganda, Kash is a birthright citizen, for the moment). Motivated by personal ambition and a blind willingness to do whatever they’re asked to do, these guys, Kashyap, Pete, RFK Jr., Kristi, Pam, Marco, Tulsi and so on, will do whatever their Leader, and Stephen Miller, tells them to do. The same goes for the slim majority in Congress and Charles Koch’s Supreme Court super-majority.
Right now a few Republicans on the Senate Judiciary Committee face an agonizing decision about who to believe and who is lying. A whistleblower, a recently fired (for candor to the judge, as an officer of the court), highly respected, fifteen year nonpartisan employee of the DOJ who has now corroborated the main allegations of his complaint — or the president’s recent criminal lawyer and former acting AG, current nominee to a lifetime appointment to the federal appeals bench.
What we know about Emil Bove III is that he’s a fierce and unapologetic Trump loyalist who represented the president in all the weaponized criminal witch hunts against the Leader. More recently, as Acting AG in the present administration, he appeared personally in federal court to deny that there was a quid pro quo to drop federal charges against corrupt-looking NYC mayor Eric Adams in exchange for Adams giving ICE access to the sanctuary city. He also told the judge that even if there had been a quid pro quo, the court still couldn’t stop DOJ from dismissing the indictment against Adams. Bove told the Senate Judiciary Committee, under oath, that he can’t recall if he told his lawyers to be evasive and obstructive in court or to simply ignore court deadlines and orders, like Judge Boasberg’s order not to send 230 non-criminal immigrants to a terrorist torture prison in El Salvador.
At least one GOP senator may have a hard choice to make, because the Boss really, really wants his bellicose myrmidon, which proved over and over that he’s willing to lie for him, on the Supreme Court when Alito or Thomas leave. We’ll have to keep an eye on this one.
A loyal man who never violated his oath
[1] Sprachregelung is a German language term meaning “speech code”. It refers to a formal or informal agreement, or order, that certain things should be expressed in specific ways in official communications by an organization or by a political entity. It can also cover such concepts as agreed “lines-to-take”, talking points, and the exertion of message discipline. An example came in January 1945 when Ribbentrop sent emissaries to contact the Western Allies in Sweden and Switzerland, aiming to negotiate a separate peace; they carried with them a list of Sprachregelungen to ensure they gave the same message. Wikipedia
Nobody in the Grey Lady’s perceived social class, of course, will be severely hurt, although poor people will, we mean “may”, may be fucked pretty hard by this brazen giveaway to the nation’s wealthiest and most greedy, at the expense of things like health care and sufficient food for certain “underprivileged” children and adults.
From the headline it’s a little easier to believe there is no reason to fear the post-Constitutional vision these determined anti-democracy maniacs pursue to end majoritarian tyranny, as they call it. It may end badly, but many might become even richer!
There is reality, sometimes quite grim, and there is spin, sometimes comforting for the squeamish and overwhelmed, regardless of how ridiculous it is. Here is a highly respected conservative judge’s take on a lawless Trump administration for comparison to the New York Times’s account of the same crime spree.
From Heather Cox Richardson:
In a piece in The Atlantic today, respected conservative judge J. Michael Luttig noted that for all of Trump’s insistence that he is the victim of the “weaponization” of the federal government against him, “[i]t is Trump who is actually weaponizing the federal government against both his political enemies and countless other American citizens today.”
Luttig warned that Trump is trying to end the rule of law in the United States, recreating the sort of monarchy against which the nation’s founders rebelled. He lists Trump’s pardoning of the convicted January 6 rioters (which he did with the collusion of Ed Martin), the arrest of Judge Dugan, which Luttig calls “appalling,” the deportation of a U.S. citizen with the child’s mother, and the “investigation” of private citizen Christopher Krebs.
“For not one of his signature initiatives during his first 100 days in office does Trump have the authority under the Constitution and laws of the United States that he claims,” Judge Luttig writes. Not for tariffs, not for unlawful deportations, not for attacks on colleges and law firms, not for his attacks on birthright citizenship, not for handing power to billionaire Elon Musk and the “Department of Government Efficiency,” not for trying to end due process, not for his attempts to starve government agencies by impounding their funding, not for his vow to regulate federal elections, not for his attacks on the media.
The courts are holding, Judge Luttig writes, and will continue to hold, but Trump “will continue his assault on America, its democracy, and rule of law until the American people finally rise up and say, “No more.”
The New York Times takes a more nuanced view of Trump’s second term:
The building of this coalition [to oppose a Trump dictatorship, which the Times apparently calls for] should start with an acknowledgment that Mr. Trump is the legitimate president and many of his actions are legal. Some may even prove effective. He won the presidency fairly last year, by a narrow margin in the popular vote and a comfortable margin in the Electoral College. On several key issues, his views were closer to public opinion than those of Democrats. Since taking office, he has largely closed the southern border, and many of his immigration policies are both legal and popular. He has reoriented federal programs to focus less on race, which many voters support. He has pressured Western Europe to stop billing American taxpayers for its defense. Among these policies are many that we strongly oppose — such as pardoning Jan. 6 rioters, cozying up to Vladimir Putin of Russia and undermining Ukraine — but that a president has the authority to enact. Elections have consequences.
“and many of his immigration policies are both legal and popular. “
Many are legal (which means some, or as many, or more, are not). Legal and as popular as racism, xenophobia, misogyny or homophobia. Hmm. Well done, Grey Lady!
As for the legitimate victory Mr. Trump achieved fairly, he got 77,284,118 votes while in every state controlled by MAGA voting for presumed non-Trump voters was systematically suppressed. As a threshold matter, we do well to recall George Carlin’s brilliant observation about the limitations of normal intelligence, and what that means for 50% of us.
There was also a nationally successful 2024 effort, in every MAGA controlled state — as the USPS delivered 20,000,000 less mail-in ballots than in 2020– to suppress the vote in a dozen different ways to make sure a maximum number of votes for the Orange Turd were recorded while all others were not cast. Houston County, Texas, for example, a gigantic county with a population of 4.2 million, had one drop box, a plan to limit drop off voting that Republican governors feverishly hatched in a dozen secretive meetings with Koch’s private Heritage Foundation and failed at implementing in 2020. Hence, the need for fake electors and a riot at the Capitol.
Say it again with Michael Luttig, Grey Lady:
“For not one of his signature initiatives during his first 100 days in office does Trump have the authority under the Constitution and laws of the United States that he claims,” Judge Luttig writes. Not for tariffs, not for unlawful deportations, not for attacks on colleges and law firms, not for his attacks on birthright citizenship, not for handing power to billionaire Elon Musk and the “Department of Government Efficiency,” not for trying to end due process, not for his attempts to starve government agencies by impounding their funding, not for his vow to regulate federal elections, not for his attacks on the media.
From a New York Times May Day editorial, entitled — There Is a Way Forward: How to Defeat Trump’s Power Grab. Here they describe a few of his despicable acts of vengeance against a nation that rejected him by a large margin in 2020.
He has fired federal workers without the 30-day notice that the law requires.
Doesn’t this also mean he fired federal workers illegally? Can’t say it, can you?
He has tried to cut university funding by citing antisemitism without following the established procedures for such civil rights cases.
“Such civil rights cases?” More accurately: he has threatened universities, and unilaterally withheld their federally funding, on transparently baseless grounds.
He has issued executive orders punishing law firms for invented wrongdoing.
Well, no problem with that one.
I did have a real problem with this earlier paragraph:
The building of this coalition [to oppose a Trump dictatorship, which the Times apparently calls for] should start with an acknowledgment that Mr. Trump is the legitimate president and many of his actions are legal. Some may even prove effective. He won the presidency fairly last year, by a narrow margin in the popular vote and a comfortable margin in the Electoral College. On several key issues, his views were closer to public opinion than those of Democrats. Since taking office, he has largely closed the southern border, and many of his immigration policies are both legal and popular. He has reoriented federal programs to focus less on race, which many voters support. He has pressured Western Europe to stop billing American taxpayers for its defense. Among these policies are many that we strongly oppose — such as pardoning Jan. 6 rioters, cozying up to Vladimir Putin of Russia and undermining Ukraine — but that a president has the authority to enact. Elections have consequences.
The Grey Lady’s normalizing characterization of Trump’s ridiculous performance as president with a massive mandate is, to say the least, cherry-picked. His many destructive acts, his administration’s rampant lawlessness and contempt for truth, his unqualified, lie-spouting loyalist appointees in crucial positions leaving America open to ridicule and worse, the president’s unprecedented and well-earned unpopularity, all left out of the Grey Lady’s delicate balancing act, their attempt to treat a psychopath as a perfectly normal president just doing the job like any other duly elected president.
To take one example — did he win the election fairly? We all seem to accept it, in the name of affirming democracy as expressed at the ballot box, but to me the jury is out after every MAGA state suppressed voting with new laws making it harder to vote, Trump being the sole Republican to win in several swing states, and Russia literally calling in bomb threats to Democratic districts on election day. Also, I saw no reporting whatsoever (except for mine) on the 20,000,000 less mail-in ballots delivered by the Trump megadonor postmaster in the first election since 2008 when mail-in voting didn’t increase.
Then I read a line like this and just say “fuck you” and turn away:
We understand that Mr. Trump’s defenders believe that Democrats started this cycle by prosecuting him, and there are reasonable arguments against some of those cases.
We understand that the New York Times represents a certain well-invested segment of the status quo, so what else are they going to say? Still, the words “fuck you” ring in my head when I read this kind of pandering nonsense in the journal of record. “His defenders defend him against what they call political persecution and they make some reasonable arguments.” Can you give us one?
The conspiracy theorist/far-right influencer, Laura Loomer, is able to get Trump to fire experienced, nonpartisan national security officials she deems disloyal to MAGA. The perfect face of MAGA, this portrait was published by the New York Times the other day, as part of an editorial about the damage Trump and his myrmidons have done in the first hundred days.
Also in the New York Times, among a full spectrum of legal experts weighing in on Trump’s enactment of Project 2025:
The impression of a constitutional crisis is misleading. That impression was initially created by overreaching district judges selected by plaintiffs, who obtained temporary victories and leveraged those victories in the media. If there is a crisis, it does not arise from the actions of the administration but instead from a slew of highly aggressive judicial decisions that have transgressed traditional legal limits on the relationship between the judiciary and the executive branch — limits the courts respected during the Biden administration. — Adrian Vermeule, professor, Harvard Law School [1]
[1] Wikipedia: A convert to Catholicism, Vermeule has become an advocate of integralism, a form of modern legal and political thought originating in historically Catholic-dominant societies and opposed to the Founding Fathers’ ideal of division between church and state. Integralism in practice gives rise to state order (identifiable as theocratic) in which the Common Good has precedence over individual autonomy, the value prioritized by American democracy. Rather than electoral politics, the path to confessional political order in integralist theory is “strategic ralliement“, or transformation within institutions and bureaucracies, that lays the groundwork for a realized integralist regime to succeed a liberal democratic order it assumes to be dying. The new state would “exercise coercion over baptized citizens in a manner different from non-baptized citizens”.[11][12][13]