Stop the Steal ads run through last January 5th

Nothing at all unusual here, but it seems that the ads promoting false claims of a stolen election that enriched Facebook in the months after Facebook removed the safeguards they’d installed through election day, (safeguards that damaged Facebook profits) stopped on January 5th. The day before the peaceful protest at the Capitol during which 140 police officers were injured, the ads, $50,000,000 worth, paid for by donations to Trump’s “legal defense fund,” suddenly stopped running. Get over it, nitpicking libtards, this is how real men dominate.

Representative Eric Swallwell explains in a minute

Tucker whips apologetic Ted Cruz on FOX

Shortly before the first anniversary of the Trump riot to stop the certification of Biden’s win, Ted Cruz, on the floor of the Senate, with cameras rolling, referred to the organized, planned, violent siege and sacking of the Capitol as a terrorist attack.

A strong argument could be made that participating in a long physical battle with cops and leading a phalanx of criminal tresspassers into the closed to the public Capitol to stop the People’s business is, even without being part of a larger seditious conspiracy, an act of terrorism. Using violence to frighten and intimidate political opponents is the definition of terrorism.

Understandably, this term, applied to their own faithful, coming from one of their own, put MAGA nation into full rage mode. Tucker Carlson pulled no punches bullying Cruz to back down. Lyin’ Ted, as he does, immediately began reassuring FOX nation that only Blacks, Muslims, Antifa and other commie traitors can ever be rightfully called terrorists, an angry MAGA mob can only ever be patriots, since they are always righteous in their rage and fight on the side of the angels.

Fortunately for him, the supple Cruz was able to whine and grovel his way out of the fatal accusation of having spoken truthfully, as all great statesmen and moral leaders are sometimes called upon to do.

Big Surprise in the Supreme Court…

This Washington Post headline says it all:

Of course they seem skeptical, these right-wing ideologues chosen for their fidelity to a hard right-wing worldview. Science during a deadly plague can be alchemized into tyranny by six judges well-trained in how to focus on a single hair on the head of an angel dancing back and forth through the eye of a needle. They do this humbly, with God’s help, by the grace of Jesus Christ.

The doctrinaire Trump super-majority continues to provide unappealable right-wing firepower to the giant bloc of angry Christian nationalists who are their ground troops in the long culture war that has brought this majority to the pinnacle of constitutional power.

For them not to express “skepticsm” over reasonable health precautions during a deadly tsunami of Omicron infections would be like a Nazi jurist listening thoughtfully to a Jewish argument against mass murder.

Speaking of mass manslaughter (man’s laughter, LOL) the US still leads the world in Covid infections and deaths because US authoritarians find it advantageous to weaponize vaccines, masks and testing. Their position is, if it keeps us in power, BRING BACK POLIO!

MAKE POLIO GREAT AGAIN, LOSER CUCKS!

Op ed on why Trump must face justice

Hard to believe this was written by the husband of CNP member Kellyanne “Alternative Fact” Conway, one of the smartest and most brazen of Trump’s well-connected inner circle. George Conway, a Federalist Society member who was outspoken in the conservative resistance to his wife’s boss, is also a very smart lawyer who makes a case today in the Washington Post that’s impossible to refute. Using facts…

He quotes with approval Merrick Garland’s January 5th words to DOJ workers (and the rest of the world) :

Above all, he pledged that the Justice Department has “no higher priority” and would do “whatever it takes for justice to be done — consistent with the facts and the law.” Most important, he made clear that “the Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law — whether they were present that day or were otherwise criminally responsible for the assault on our democracy.” (Emphasis mine.)

He also quotes fucking Mitch McConnell, lines Mitch delivered after again orchestrating Trump’s impeachment acquittal, the first time by preventing an actual trial in the Senate, the second on an absurd technicality:

“We have a criminal justice system in this country,” McConnell said. “President Trump is still liable for everything he did while he was in office,” McConnell added. “He didn’t get away with anything yet. Yet.”

Here’s a link, gifted by the supremely generous Jeff Bezos, https://wapo.st/3f10HpP

The Hour for a Man of Principle

Senate Majority Leader Chuck Schumer is finally pushing for a carve out to the filibuster rule for voting rights legislation to stop Stop the Steal in the many states where voter suppression and voter subversion laws are now in place for the 2022 election. These anti-democratic “election integrity laws” (based on a widely debunked lie about massive voter fraud) are all presumptively constitutional, pursuant to two 5-4 rulings by the right-wing side of the Supreme Court.

The doctrinaire right-wing majority is now 6-3, thanks to the tireless work of the anonymous funders of the highly secretive, non-profit Council for National Policy, Leonard Leo and the Federalist Society. With an able assist from the Grim Reaper, Mitch McConnell, man of one principle: power. With bipartisan cover from the Democratic party’s own Joe Manchin III. With our democracy under constant, shameless, increasingly violent, attack, it would appear to be the historical moment for a man of conscience and love of country to act.

As Schumer brings this proposition to protect voting rights to the Senate for consideration, we get the sound byte from the most prominent Democratic holdout on any parliamentary rules change whatsoever. Man of principle, strutting West Virginia fighting cock Joe Manchin III, has called changing a rule to allow debate on bills (debate, you opponent of Senate ethics requirements, minimum wage, regulation of polluters, taxing corporations and helping children out of poverty) the minority wants to kill “a very heavy lift.”

You see, he explains, the Nuclear Option makes it very dangerous to change a rule that currently allows any member of the minority party an emailed peremptory challenge to kill any legislation WITHOUT DEBATE of any kind. Requiring 60 votes to overcome one Ron Johnson or Ted Cruz seems a fair bipartisan solution to Manchin– hell, look how well even the old talking filibuster protected lynch mobs from the tyranny of federal legislation!

History shows, Manchin warns, the danger of using this Nuclear Option. When Harry Reid changed it during the Obama years so every one of Obama’s appointments couldn’t be blocked this way, McConnell responded, the first chance he got, by doing the same for Supreme Court nominees! 51 votes is all any of these fine, carefully vetted right-wing ideologues need nowadays — and we see the result, Kavanaugh and Gorsuch (who the bipartian, conservative Manchin voted for) and Coney-Barrett (whose 4 vote 52-48 mandate did not include Manchin’s vote). One can imagine the devastation requiring a talking filibuster, placing the burden back on the minority seeking to obstruct would bring, even worse would be carving out part of the filibuster entirely for voting legislation. What next, abolishing the filibuster to allow debate on legislation to protect workers from exploitation by rich people? For the Communist Green New Deal?

A very heavy lift. Get a winch, hook it up to your Maserati and start lifting, you preening, bought and paid for corporatist motherfucker. You can drown your sorrows on your yacht afterwards. Meantime, put your back into it and remember to use your knees.

Countdown to Trump Liberty Day

And is it wrong to have a crush on the most right-wing representative in the Congress?

As we come up to the first anniversary of Trump’s gentle, peaceful, patriotic riot at the Capitol, after weeks of frustrated, manic arm-twisting of Republican election officials in several states, desperate Oval Office meetings with Q-Anon Trump dead-ender loyalists like Mike “Lock Her Up!” Flynn (who urged martial law) Sidney “Release the Kraken” Powell, personal attorney Rudy, and the MyPillow CEO, after replacing leadership at the Department of Defense right after the election and instituting a new rule for deploying the National Guard, and finally, right before certification of Biden’s win, assembling a large angry mob, whipping it up and sending it to the Capitol, a ragtag team of co-conspirators, including “alt-right” Council for National Policy member Steve Bannon and several demented authoritarian-leaning legal scholars/conspiracy theorists, sitting in a nearby war room to engineer the blocking of Joe Biden’s presidency by a coordinated plan of objections to certified electors, enabled by an insane “legal” stand by Mike Pence, by a riot, by any means necessary, it’s hard to avoid thinking about it as I drink my coffee today.

You’ll recall that immediately after the riot, when order was finally restored, the rioters allowed to go in peace, and the constitutionally mandated session continued, 147 Trump loyalists in the House, and something like a dozen in the Senate, tried to carry out the mad plan they’d hatched with Trump, insisting that since, as Lyin’ Ted Cruz put it, polls showed that millions of Americans believed the boldfaced lie that the election had been stolen, so there had to be a ten day freeze so yet another investigation could take place to prove a counter-factual case they had lost in court more than 60 times since Biden’s clear victory in the election.

The Trump appointee in charge of cyber security for the election announced, as Barr had informed Trump before parachuting out of the administration just in time, that there was no evidence of fraud that would have changed any election result anywhere. Trump promptly fired his disloyal appointee, expressed great disappointment in Barr and kept doubling down on his lie that he’d been robbed.

Right after the riot a bunch of Trump’s cabinet, including the moronic Betsey DeVos and McConnell’s wife Elaine Chao, immediately resigned in protest, with days left in their terms (none will comment now, per their actual loyalties and common interests).

After the riot marquee Republicans, top Trumpers, Lindsey Graham, Mitch McConnell, Kevin McCarthy, people who’d resisted acknowledging that Biden was the president-elect, for crucial weeks and months leading up to the final day to overturn the election results and the riot, all denounced their enraged leader for launching his reckless and desperate attack on a joint session of Congress doing their constitutional duty.

“Trump and I, we’ve had a hell of a journey, all I can say is count me out, enough is enough,” said Lindsey Graham, from the floor of the Senate immediately after the January 6 Stop the Steal riot. “If you’re a conservative this is the most offensive concept in the world — that a single person could disenfranchise 150,000,000 people.”

You can parse this for obvious bullshit, clearly the most offensive concept in the world to a modern, American conservative is the idea of millions of Blacks, Hispanics, Asians, Native Americans, big city dwellers, college students, unionists, liberals, progressives, socialists, anti-racists, minimum wage earners and poor “whites” voting for politicians who will not reflexively favor the super-wealthy and corporations, thereby ousting the “conservatives” from power. Hence John Roberts casting the deciding fifth vote to overrule president George W. Bush and a united Congress (98-0 in the 2006 senate) to make partisan/”racist” voter suppression laws the new constitutional norm (unless you can successfully prove in federal court that they are ONLY racist, and intentionally so, of course, as the Founders intended).

But back to Lindsey, who like his buddy in the House Kevin “not as upset as some people” McCarthy, and even Grim Reaper Mitch McConnell, condemned Trump’s mad, violent plan to maintain power. Trump still hates McConnell, the man who made his biggest achievement, the Trump Court, possible, for belatedly congratulating Biden on his win, for not having Trumpie’s back about the Big Lie being TRUE. McCarthy headed to Mara-Largo where he was reminded of the irresistibly delicious taste of his master’s nether sphincter, he came back fighting the Steal, his story changed to 100% incoherent. Here’s the highly principled, persecuted single white male from South Carolina’s current stance on the man who tried to do the thing most hateful to conservatives:

“It’s his nomination if he wants it, the Republican base appreciated him, we don’t appreciate all the things he does sometimes, but from a policy point of view of he was the most successful president, from a conservative’s point of view, since Ronald Reagan. It is his nomination if he wants it and he will be in the White House in 2024 if he wins a disciplined campaign,” Lindsey Graham told the FOX audience last week.

Ominous though it is that Trump would be back in the White House in 2024, before his imagined inauguration on January 20, 2025, it’s Lindsey, it’s live TV, it’s FOX. So, shit yeah, the night of the 2024 election, when partisan officials installed in Republican-controlled swing states, pursuant to Trump’s Big Lie and his then illegal plan to undo the last “STEAL” by appealing to partisans to bend the then-law just a little, declare Trump the president, he will immediately take power, the day after the election, and woe unto his many enemies.

I have to say, abhorrent as I find her hard right political views, as creepy as I find her facial resemblance to one of the most evil men in American history, I find myself loving Liz Cheney every time I hear her speak. She is clear and cuts to the chase: an American president who incites a riot to try to cling to power, after months of increasingly inflammatory lies and manipulation, making extra-legal efforts in several instances clearly criminal (come on, fellas, give me a break … you just have to say I got 11,780 fucking votes…), and allows that riot to continue for over three hours as he calls at least one Senator/co-conspirator to make sure he’s still going to do his part to block Biden, must never have power again.

For his part, the former president, who, while increasingly beleaguered, is the current leader of the Republican party with their full backing (including paying all his legal fees) is planning an alternate program for January 6. He will tell his delusional version of the story: there WAS massive voter fraud, the INSURRECTION was on ELECTION DAY, his conspiracy was only launched to right a TERRIBLE wrong, that Blacks and others who hate him, Muslims, disloyal Jews, Mexican rapists, Communists, the Chinese, the Italians, Ukrainians and Venezuelans, somehow corrupted weak Republicans like the two traitors in Georgia and too many others to name, to PERPETRATE THE BIGGEST CRIME IN AMERICAN HISTORY!!! ARE YOU FUCKING LISTENING TO ME, YOU GODDAMNED WEAK LOSER MORONS!!! WE WERE ROBBED, I WAS ROBBED AND WHEN YOU ARE ROBBED YOU HAVE THE RIGHT TO FORM LYNCH MOBS TO GET BACK WHAT WAS STOLEN FROM YOU AND AVENGE THE THEFT. KILL MY ENEMIES! SECOND AMENDMENT, ARTICLE TWO, I’M STILL THE PRESIDENT — KILL THEM!!!

Meantime, in response to numerous lawsuits and civil and criminal investigations the Orange One does what he’s always done, spend a vast fortune of other people’s money to use the courts to delay and avoid justice. His son and daughter have filed frivolous motions to quash subpoenas for their testimony, which will delay things for at minimum a few months. Others in his orbit site phantom privilege to defy subpoenas and wait for a 6-3 Trump Supreme Court to hopefully back them up, eventually.

For now, in the wake of a year when a billionaire psychopath was Time’s Person of the Year, instead of say, Capitol Police Officer Eugene Goodman, who, judging by the video of his smart move to protect the Senate from being overrun by enraged “tourists” who’d innocently broken in, possibly saved Mitt Romney’s life, we need to focus on justice being done.

As for the crowd Goodman’s quick thinking turned aside — why not kill a RINO who voted his conscience at one of the fake, evil, witch hunt impeachments of the defrauded, persecuted Leader? Death for the one public act of integrity performed in a long political career, in my opinion, is a little harsh, even if the man is an entitled vulture capitalist by trade, one who continues to vote in a Trumpist/McConnell bloc to thwart all proposed legislation, to prevent it even being debated in the senate. Preventing debate is key for Republicans — if they get to the merits of the argument WE LOSE! filibuster now, filibuster tomorrow, filibuster forever! [1].

There are good reasons for optimism, in spite of our recent history and the wild success of Charles Koch’s reborn John Birch Society Republican Party. We now know for a fact, verified by the sworn testimony of eye witnesses, what all of us were pretty sure of right after the long riot. Trump loved the mayhem, felt the love of that angry crowd during what he described as a love fest, watched it all on live TV with a little stirring in his pants. He ignored numerous urgings, from FOX news, from at least two of his children, from elected Republicans hiding from an exuberant mob of rioters, to call off his peeps. He did so reluctantly, lovingly, after more than three hours had gone by, the National Guard standing down and standing by. During the deadly assault, Liz Cheney informs us, he called at least one Senator, to make sure the plan was in place, that the Senator would do what they’d agreed on to Stop the Steal. No conspiracy, no quid pro quo, no collusion, total exoneration, I’m not a liar YOU ARE A LIAR, the real BIG LIE is your LIE, I don’t stink, YOU STINK, I know you are but what am I?

Is it sad to love Liz Cheney? I don’t feel bad. She is behaving heroically, putting democracy, in this instance, ahead of the willful destruction of our form of government, flawed though it most certainly is. In spite of the infamous spinal flexibility of corporate Democrats, I am feeling hopeful.

The story seems to be changing now, finally. That a third of Republicans surveyed support a violent mob’s right to object to what they’ve been convinced was a crime is troubling. That the courts can still be weaponized for agonizing delay, intolerable. But that two Republicans can stand for values higher than sheer power, and that the evidence pointing toward justice, in a court of law, appears to be so overwhelming, are very encouraging signs for 2022 and beyond. Peace be upon us all.

[1]

“I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever.” – George Wallace

Happy New Year — and one last one for 2021

Note, the lede is buried in this draft, my apologies, but I’m writing this under a time constraint. The point I’m coming to is why the DOJ has not indicted Rudolph Giuliani for crimes he appears to have committed in his capacity as Trump’s personal lawyer, several years ago in Ukraine (prior to his unethical behavior as Trump’s lawyer in post-election purely propagandistic lawsuits).

I recently found myself listening to what I thought was the opening presentation from the popular Mr. Trump’s second impeachment trial. I was looking forward to hearing the presentation, prepared by the excellent editors over at Lawfare who had a great podcast covering the Mueller Report and, not long after, the first impeachment, called The Report.

Lawfare did a great job boiling down complex issues, and condensing many hours of hearings into a clear and compelling hour or so, and I followed their great dissection of the Mueller Report and the first impeachment closely. I discovered they had a new season and I eagerly jumped in to hear everything said during the second impeachment, weeks after the January 6 riot when most of us were keen to make sure the instigator of a violent assault on democracy could no longer run for the most powerful position in the world.

It turns out Lawfare hadn’t covered the second impeachment at all, at least not on The Report. I found myself instead listening to their excellent presentation of the first group of impeachment managers laying out the case for conviction in the impeachment trail (well worth hearing) — over the former president’s plan to shake down the new Ukrainian president not only in the perfect phone call, but in the weeks leading up to it, when our ambassador to Ukraine was smeared, menaced and abruptly fired, and in the days and weeks following the perfect call, when the whistleblower report on the call was being buried by Barr, as a Russian army threatened Ukraine (who had already been granted military aid by Congress) and Trump refused release the aid or to meet with the president of our beleaguered ally until he announced a fake investigation into seemingly slimy bastard Hunter Biden, in order to politically hurt his father.

If their crystal clear laying out of the facts of Trump’s extra-legal meddling in Ukraine, to extract the promise of a propaganda coup, had been presented to a jury in a court of law, there is no question that a guilty verdict would have been returned. Even with Trump’s party’s refusal to allow witnesses or new evidence (and damning new evidence was coming to light daily), the facts they produced supported conviction for a conspiracy to threaten a false corruption investigation out of the vulnerable new president of one of our allies, seeking more foreign help in an American presidential election.

Now this is all urine down the old urinal and I’m not bringing it up to re-litigate any of that “purely political” stuff, here’s the buried lede.

What is laid out in the presentation is how Giuliani, acting as Trump’s PERSONAL lawyer, conducted official business for the United States, employed Trump donors Lev Parnas and Igor Furman (both on trial now) to work with corrupt Ukrainian power brokers (pro-Russian associates of Trump’s first campaign manger, pardoned felon Paul Manafort) to have President Zelensky announce a corruption investigation into the son of Trump’s perceived rival in the 2020 election — after ousting our longtime ambassador. The plot stinks a mile, as my grandmother used to say. A few month’s after Barr, Trump’s warrior gunsel, parachuted out of the looming insurrection, Rudy Giuliani’s home and office were raided by the FBI, records, phones and computers seized. Rudy’s two shady associates, Lev and Igor, Individuals 3 and 4, were both indicted (though for other crimes). Why is there no indictment against Rudy?

If you indict Rudy for doing the corrupt, illegal bidding of Individual One, for the benefit of Individual One, at the request of Individual One, how do you avoid indicting fucking Individual One, particularly now that he’s a private citizen? Hard to do, maybe impossible. I feel your pain, Merrick Garland, and I hope to heaven that you have a very good plan the Department of Justice is busy working on.

Happy New Year, everyone.

Arguing in the alternative

I was a little surprised to learn, in a first year law school class, about arguing in the alternative. It may not be intuitively obvious that you can defend yourself on multiple, sometimes contradictory theories, but it makes a certain amount of sense in our adversarial legal system.

Charged with murder you answer that you didn’t do it, you weren’t even in the state, you have an alibi witness. You also argue that even if you did kill the guy it was legally justified self-defense, and if not self-defense, it was done without malice aforethought and therfore was not murder, and if it was murder under the law then the murder law is facially overbroad and therefore unconstitutional.

You can throw up as many contradictory defenses as you can think up, placing the burden on the prosecutor to overcome each one, beyond a reasonable doubt. Being creative, within the universe of legal possibilities, is a lawyer’s legal responsibility to a wealthy client (lawyers for the poor usually don’t have the same luxury to create).

A lawyer for Trump just sent a motion to the Supreme Court asking the Federalist Society Six to carefully consider a recent Washington Post interview with January 6 Committee Chairman Bennie Thompson, who showed his nefarious political bias by admitting (note damning action verb!) that if the evidence points there the committee would make a criminal referral for the former president.

I didn’t do anything wrong, and if I did, these evil fucks are still persecuting me! I don’t know if Binnall is a legal genius, but he’s throwing everything he’s got against the wall to see what sticks. He’s throwing it to six judges who’d probably be happy for a legal figleaf with which to fully clothe their beleaguered, eternally brawling, party leader.

And why not? The lawyer is just earning the fees Ronna McDaniel [1] will use political donations to pay.

[1] For RNC executive compensation schemes, see this very Trump Org type setup

https://www.propublica.org/article/republican-national-committee-obscured-how-much-it-pays-its-chief-of-staff

Invitation-only secret public policy membership society is a tax exempt charity

So right-wing power center CNP, the powerful, off the radar Council for National Policy, a by-invitation-only private, secret membership society of leaders, funded by undisclosed donors, is a charitable non-profit under the laws of these United States of America. Of course it is.

Makes sense, I guess, considering the power and reach of its secret membership (identities sometimes leaked) who, in addition to sometimes having the final say on who the Republican presidential candidate is (2016), rotate seats on the boards of the Federalist Society, the Heritage Foundation, The Progressive Policy Institute (“radically pragmatic”), Judicial Watch, ALEC, the Cato Institute, Donors Trust and Charles Koch’s personal favorite, The Institute for Humane Studies.

Eh, what are you gonna do? The law’s the law. No law against powerful partisan zealots secretly meeting as a nonprofit 501(c)(3) or (c)(4) corporation. This is America!

Exceptional!