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Friday, April 26, 2024

Josh Marshall: We are where we should know we are. The Roberts Court is a corrupt institution which operates in concert with and on behalf of the Republican Party and to an ambiguous degree right-wing anti-regulatory ideology. If we believe in a different set of policies or even democratic self-governance we will have to succeed at that with the Supreme Court acting as a consistent adversary. read more


"A former president," Donald Trump's lawyer D. John Sauer said, "has permanent criminal immunity for his official acts, unless he was first impeached and convicted" in Congress. It's also the opposite of what the Republican's lawyers said during Trump's second impeachment trial. In other words, Team Trump effectively argued in 2021, "Congress should leave such matters to the courts." It's now arguing, "The matter can't be left to the courts because Congress needs to act."


Thursday, April 25, 2024

Stephen A. Crockett Jr. - For forty years Clarence Thomas has been an albatross for Black people, an arbiter of "do as I say, not as I do" politics, a mime whose silence on the bench has been deafening. And, he's been all the things he claims to hate about Black people: He's a welfare queen, a duplicitous double agent, a diversity hire, a beneficiary of reparations and a minstrel show. read more


From the outset, Justice Alito, along with several other conservatives on the bench, was highly skeptical of the government's indictment of former President Donald Trump for his role in fomenting the Jan. 6 insurrection, going so far as to suggest not only that Trump may be immune from prosecution but also that the federal fraud conspiracy law he is charged with violating may not be valid, either. read more


Through high-level intelligence briefings, secretive meetings between the president and the four congressional leaders, and weeks of intensive strategizing, the Ukraine funding bill finally passed the House on Saturday with an overwhelming bipartisan vote of 311-112. The Senate passed the measure late Tuesday, and Biden signed the bill into law Wednesday. read more


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The justice was especially concerned with the idea that former presidents would be targeted for political prosecution by their rivals. When the government's lawyer, Michael Dreeben, argued that prosecutors don't always get grand juries to agree to indictments, Alito responded, "Every once in a while there's an eclipse too."

The risk of such prosecutions poses the biggest threat, Alito suggested: "If an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?"

As Dreeben correctly responded, that is the literal inversion of the Jan. 6 case, which involves a defeated former president who, after pursuing several legal avenues to challenge the outcome and losing all of them, chose very clearly not to "go off into a peaceful retirement," but rather tried to overturn the election by illegal and unconstitutional means that resulted in a violent attack on Congress.

Justice Sonia Sotomayor was also perplexed by Alito's upside-down hypothetical, which actively avoided the facts of the case before the court. "A stable democratic society needs the good faith of its public officials, correct?" she asked, adding that the crimes Trump is charged with committing "are the antithesis of democracy" and that his immunity argument cast doubt on the principle "that no man is above the law, either in his official or private acts."

Today confirms that the conservative justices sitting on the Supreme Court are more than comfortable with the crimes Donald Trump committed while in office in order to illegally stay in office. Remember when these same justices bellowed from high that it was not their job to legislate from the bench or to guess at intent, their job was to deal with the facts of the cases brought before them as dictated by the laws enumerated within the Constitution? Well, that appears to have gone by the boards if Alito's juxtaposition of reality serves as the basis to find a presidential immunity no one ever quantified or even imagined until Trump came along and undertook activities no other US President ever did.

The question the SCOTUS was engaged to answer today was whether a President has "absolute immunity" for any and all acts undertaken while in office. Now that has morphed into the non-asked argument as to whether criminal laws need to specifically include the President as prosecutable if charged with violations of them.

It is clear as day that the right wing is actively delegitimizing historical constitutional checks and balances, heretofore thought to apply to every single American equally without fault or favor in support of the most corrupt, anti-liberal (small L), criminal President to ever sully the White House and Oval Office. Trump is everything our Founders tried to anticipate and created various means to thwart and remove from public service, understanding centuries ago that a popular demagogic leader could emerge and attempt to consolidate authoritarian power not unlike the King they fought a war of independence to escape from.

I just found this about the current relationship between the Speaker and Donald Trump:

The popular caricature of Johnson's speakership, however - the idea that he arises each morning with a to-do list from Trump - assumes that Trump is actually paying attention. Generally, he's not; if anything, Johnson can at times seem to wish there were a to-do list. Unlike Kevin McCarthy, according to two Trump advisers, Johnson occasionally hesitates before calling the former president directly. Instead, he and his staff often try to divine Trump's position on this or that from conversations with those close to him. Earlier this year, when bipartisan border legislation in the Senate appeared close to passage, Johnson was "asking a lot of people around Trump what he should do," said one of the Trump advisers, who requested anonymity to discuss private conversations. In that instance, Trump ultimately did tune in and broadcast his thinking on Truth Social ("I do not think we should do a Border Deal, at all, unless we get EVERYTHING needed to shut down the INVASION of Millions & Millions of people, many from parts unknown, into our once great, but soon to be great again, Country!"), and soon after Johnson declared the bill "dead on arrival" in the House. (It was "absurd" to suggest that he had done so to help Trump, Johnson told reporters.)

Richard Ray, Johnson's former law partner, told me he worries "every day" about Trump "turning" on his friend. During that especially catastrophic stretch of failed rule votes, according to the two Trump advisers, the former president resolved to vent his frustrations with the speaker on Truth Social. But aides stepped in and urged him to put down the phone. "It was explained to him over and over again, you know, It's the same thing with Kevin - there's only so much he can do with a slim majority, and these guys aren't playing ball,'" as the other Trump adviser summarized the aides' pitch. Trump, as it turned out, did not precisely know what they were talking about. "So, he got a little bit of a congressional education" on the "rules process," this person went on, after which Trump apparently became more sympathetic to Johnson's plight. There was no post.

In the months since, as Johnson has gotten more comfortable in his role, he's gotten savvier at managing up. It was Johnson who pitched the former president on a media appearance at Mar-a-Lago in April, just three days before the House was set to return from recess and the far-right threat to his speakership was likeliest to crest. "I think he's doing a very good job," Trump told reporters, calling the efforts to topple Johnson "unfortunate." "I stand with the speaker," he said. "We've had a very good relationship."

www.theatlantic.com

If Johnson has "seen the light" or "turned over a new leaf," I'll reserve my judgement until I see if this about-face is a genuine separation from Trump or a one-off.

That isn't what the evidence shows actually happened. Johnson came to understand the need to fund Ukraine as an existential national security issue, where as Speaker he really didn't have a choice NOT to put the nation's (and the free world's) interests ahead of the MAGA hardliners including Trump.

Johnson just went to Mar-a-Lago the weekend before last so there was no need for Trump to telegraph his messages, he gave them to him personally. Can you think of a single time Trump hasn't spoken his mind to anyone behind closed doors if something is important to him? He blabs stream of consciousness utterances to non-relevant individuals in his incessant quest to be important or to simply show off.

And let's not forget, Johnson also brought the government budget bill to the floor in opposition of the MAGAts and Trump who wanted to see the government shut down, so this is already more than a simple one off. I don't see any need to wait to assess Johnson in this regards. He simply sees and understands a much larger picture in a much more complicated world than the simpleton MAGAts who're only trying to drive their own narratives and unpopular policies based on their nihlistic zero sum politics. Let me put it this way - I don't see Johnson as a loyal partner in the MAGA agenda when said agenda runs counter to what he'd do if he were President in that same moment. And that doesn't mean he's now hostile to MAGA, it simply means he's learned as Speaker the real master he must serve is the US Constitution and the good of this nation especially on existential issues that ultimately transcend insolar partisan politics.

"For four decades, Supreme Court Justice Clarence Thomas has extolled the importance of 'personal responsibility,'" Kali Holloway wrote in her piece, "Clarence Thomas Is What He Wrongly Accuses Black Folks of Being."

"He has chastised those who 'make excuses for black Americans' and argued there is a need to emphasize black self-help. He has denigrated affirmative action programs on the grounds that they 'create a narcotic of dependency' where there should be 'an ethic of responsibility and independence.' He bemoans the 'ideology of victimhood' that allows the marginalized to 'make demands on society for reparations and recompense.'"

Funny how a man who supposedly despises reparations had no problem accepting handouts from billionaire friends. Thomas didn't put in extra hours at work or find a nighttime job to help put his grandnephew through school. Nope, he took all the free money he could get his hands on. Thomas' admission into Yale was one of the university's first after they created an affirmative action program - the same program that Thomas effectively gutted as soon as he could.

To date, Thomas hasn't been reprimanded for laws he's broken - and make no mistake, he's broken laws. Thomas still has yet to speak in any substantial context about the gifts he's received will serving on the Supreme Court.

But what's most comical has to be Thomas' statement during his vetting for the Supreme Court - the same courtroom drama in which Anita Hill tried to warn America that Thomas had long been an embarrassment to those who came before him - when he claimed that the proceedings were a "high-tech lynching" against uppity Blacks who dare to think for themselves.

Good thing none of that has ever actually applied to Thomas. Thomas isn't uppity, he's raggedy. He always has been. And Hill tried to tell us this, but America doesn't care about Black women. She told us how Clarence Thomas is exactly who we thought he was.

Hypocrisy thy names are Clarence and Ginni Thomas.

So, congratulations to Speaker Johnson for his skill in convincing Trump that the popular aid package for Ukraine would translate into votes for Trump into 2024.

Where are you seeing this reported? I haven't seen a single word about Johnson trying to convince Trump of anything. The only thing I've seen is that Johnson ignored Trump and MAGA because he's Number 2 in line for the presidency and realized that national security trumps MAGA politics. And his son is entering the Naval Academy and allowing Putin to defeat Ukraine would most certainly lead to further European conflicts that would involve placing American troops in harm's way.

There was an article (that I can't locate right this moment) that listed all the things that Trump has demanded his GOP allies do in Congress that haven't been done without any direct repercussions befalling the members. If anything, Johnson's stewardship of the Ukraine aid has shown that MAGAts do not have the power that they think they do in Congress.

I found the passage:

Trump told House Republicans to elect Rep. Jim Jordan as House speaker, and that didn't happen. Trump told Republicans to shut down the government, and that didn't happen. Trump told Republicans to use the debt ceiling to default on the country's obligations, and that didn't happen.

As regular readers might recall, Trump told Senate Republicans to replace Mitch McConnell as the Senate minority leader, and they didn't. Trump told Republicans to derail a bipartisan infrastructure package, and they didn't. Trump seemed especially eager for GOP lawmakers to kill an overhaul of the Electoral Count Act, and they didn't do that, either.

The point is not that Trump is irrelevant in Republican politics. But there's a myth in some circles that the former president can simply bark orders and watch GOP lawmakers obediently follow his instructions.

In several notable instances, that's just not the case.

www.msnbc.com

Biden's national security adviser, Jake Sullivan, and CIA Director William J. Burns gave Johnson a dire presentation, warning that Ukraine would lose the war without immediate U.S. support. Sullivan briefed Johnson on exactly when Ukraine might run out of weapons, laying out in detail when it would no longer have a single artillery shell or air defense interceptor.

McConnell, Biden, Schumer and Jeffries all stressed the historic importance of the moment, according to a second senior administration official. After the meeting, Biden pulled Johnson aside for a further one-on-one conversation, the official said.

As Johnson strategized, he recognized that different parts of the bill would prompt different defections: Many Republicans would oppose Ukraine aid, while dozens of Democrats could withhold their votes because of military aid to Israel. And many Republican lawmakers had also long demanded the issues be separated.

That's how he landed on the strategy of passing four separate bills: for Ukraine arms, Israel aid, Indo-Pacific funding and other provisions. Each mini-bill would spur defections, but not enough to sink any one of them.

The gambit worked; the four bills passed the House and were then stitched back together and sent to the Senate.

It can't be emphasized enough that one of the sole reasons these separate bills each passed was because each bill diluted the totality of opposition because while members might have voted no on one bill, overall the ending totals on all four bills stayed impressively bipartisan nonetheless.

It took months, but finally Speaker Johnson found a way to rise above the cries from party allies and their criminally-indicted presidential nominee, wanting to see US backing for Ukraine collapse, easing Putin's consolidation of his invasion's goal of bringing Ukraine to heel.

While many point to various polling still showing Trump in the lead across crucial swing states, these same people are ignoring that the combination of actual governing - which ignores the GOP's pet hair-on-fire issues - and the increasing daily portrayals of Donald Trump facing civil charges, lawsuits, and criminal indictments throughout multiple courts in multiple states. actually shows a GOP hurtling towards what very well could be a terminal entropy.

The first group includes 36 players receiving $750 million in equity based on the last five years of play. "Career Points" will be awarded based on how many years a player has been a Tour member, how many times they earned a spot in the Tour Championship and how many times they have won, with extra points awarded for high-profile victories like the majors, The Players Championship and the FedExCup.

Group 2's share of the initial equity will be much smaller ($75 million) and will be granted to 64 players. The group is considered "steady performers and up-and-comers" and will be based on FedExCup points earned over the last three years.

Equity to Group 3 will be $30 million going to 57 players based on career earnings and how many times a player finished inside the top 125 in FedExCup points.

The final group will include "past legends," like Jack Nicklaus and Tom Watson, with $75 million going to 36 players based on the "Career Points" formula. Those grants will only be awarded to "past legends" that are living.

The Telegraph reported Wednesday that Woods will receive up to $100 million in equity as part of the newly created for-profit PGA Tour Enterprises, with McIlroy getting about half that amount. Other notable payouts include $30 million each for Jordan Spieth and Justin Thomas.

To receive the money, players would have to continue to remain loyal to the PGA Tour, with the funds vesting over the next eight years, according to The Telegraph. And going forward, the PGA Tour plans to award $100 million per year to the players.

While at first blush, these numbers don't quite match up with what LIV is reportedly paying the top stars they pilfered from the PGA Tour, but over time, it now seems that PGA players can realize even more money over their careers than LIV offers. And the PGA Tour is not limited to 54 players at a time, and all their players remain eligible for world ranking points and unfettered earned entries into golf's historical top events including all 4 Majors.

I also think that the lack of access to these payments for LIV players who may want to return to the PGA Tour creates the punishment wanted by those who turned down LIV's lucre to remain on the globe's leading golf tour.

Trying to make what was at worst a misdemeanor and to try and spin it into a felony I offer to get around the statute of limitations is Banana Republic crap.

Only if you ignore the depth of actions taken by ------ and the National Enquirer which intentionally placed false stories about Trump's GOP opponents so that he could defeat them and gain the party's nomination. Once you introduce the money/payoff factor, the conspiracy to affect the election becomes the underlying crime that elevates the travesty into a felony as it should be. Trump and ------ defrauded and deceived the American voters in two ways. First, they conspired to print knowingly false information that damaged multiple GOP candidates' campaigns at the exact moment their polling threatened Trump's nomination. And second, they conspired to buy the silence of multiple women willing to let the public know that Donald had sexual relations with them while he was married to Melania, keeping damaging character information from the voting public everyone readily understands could have fatally damaged his candidacy, denying him the White House.

Trump is under 88 indictments. No one charged with that level of criminal activity deserves any benefit of the doubt as to their innate criminal nature and total lack of respect for laws and regulations. Trump has never claimed that he's actually innocent of any of these charges outside of lying that he didn't have sexual relations with either McDougal nor Daniels. The charges aren't banana republic-like, Trump's denigration and total disdain in disrespecting public servants (and their family members) doing their jobs and trying to give him fair trials with impartial juries is the most dictatorial, tyrannical act any defendant has ever played when faced with accountability for their own actions.

Let's not forget, the immigration and border reforms that Democrats were prepared to accept were quite conservative, and much further to the right than any of the deals Democrats embraced throughout the Bush, Obama, and Trump eras.

In January, Sen. Lindsey Graham urged his GOP colleagues not to look a gift horse in the mouth. "To those who think that if President Trump wins, which I hope he does, that we can get a better deal - you won't," the South Carolina Republican told reporters. He added, "To my Republican friends: To get this kind of border security without granting a pathway to citizenship is really unheard of. ... So to my Republican colleagues, this is a historic moment to reform the border."

Republicans instead followed Trump's instructions and killed the bipartisan agreement.

As a result, the GOP ended up with none of what it wanted on border policy, even as Democratic leaders got all of what they wanted on security aid.

This is what happens when you let the most radical voices within your party override a hard-won compromise taking you far closer to your goals than your opposition's and then up with nothing.

One of the reasons the right sees US policy move in a more progressive direction is their own inability to accept less than 100% of what their most extreme members insist upon. Thank goodness the far right continues to reject unprecedented rightward compromises for the sake of political purity talking points, which continually forces the realist Republicans to join with Democrats in passing vital legislation closer to what the Dems wanted all along.

I did read somewhere that all four bills were going to be combined when they went to the Senate.

In the Senate, but not the House which is what I've always been referring to>

The House on Saturday passed four bills in a $95 billion foreign aid package brought by House Speaker Mike Johnson (R-La.) in defiance of the right flank of his party. They include a measure that could force TikTok to cut ties with its parent company or face a nationwide ban, $8.1 billion in funding to the Indo-Pacific region to counter China, $60 billion in aid to Ukraine and $17 billion in offensive and defensive weapons for Israel, paired with just over $9 billion in humanitarian aid for Gaza and elsewhere.

A simple majority - 216 if all vote - was needed to pass each bill.

Various sanctions, including a TikTok ban: 360 votes for, 58 against, 13 not voting
Supporting allies in the Indo-Pacific: 385 votes for, 34 against, 11 not voting, 1 Present
About $60 billion in Ukraine aid: 311 votes for, 112 against, 7 not voting, 1 Present
Weapons for Israel and humanitarian aid for Gaza: 366 votes for, 58 against, 7 did not vote

www.washingtonpost.com

Four different unrelated bills, four different votes and vote totals, voted upon in sequence during one House session.

No Democrat was chastised by anyone in leadership for their votes. And that's completely unrelated to what Johnson did, which again is the lone point of my disagreement with you. The Putinites didn't want Johnson to allow the Ukraine aid to receive a vote, PERIOD. There was no compromise with them, but they were thrown a bone by incorporating the Tik Tok bill in with the others to placate one right wing concern. However, there are still Republicans claiming that Johnson is a dead man walking once the House goes back into session and that they will force a vote for the vacating of his Speakership.

Your assertion that Johnson's evolution was tied simply to Israeli aid - or the other bills - only shows that you've not read any of the first hand accounts noted in this thread's article annoting his evolution on his understanding of the US' strategic national security needs tied to far more than just Ukraine and Israel alone.

#28

I think this article clearly states the most probable reasons for Johnson coming to the decision of bucking the Putinites from his Freedom Caucus and Trump's public statements critical of US aid to Ukraine, again insinuating Europe hasn't done enough.

I think the most relevatory part of this story was the fact that Johnson himself - prior to his lightning ascension to Speaker - had never met the President; never been in a high level intelligence briefing; never even met the other Congressional leaders from either party; and didn't know the truth that it's Russia who is persecuting Ukrainian Christians, not the other way around being propagated in the Russian disinformation being touted by MTG and other Putinites dominating the current GOP discourse.

Now, it's obvious that the polling of Republicans on Ukraine added the final steel to his spine, but to me, I think the two most important reasons he finally did what he did is because 1) He had the ephiphany as SPOH his role as 2nd in the line of succession comes with the caveat he has to place the entire nation's wellbeing as his guiding star, not simply the GOP or even a smaller subset thereof; and 2) His son is about to enter the Naval Academy, and if Ukraine fails in its quest to evict Russia from its lands, Russia will most certainly start other hot conflicts in the region that stand a very high probability of drawing US forces into a hot war as a part of NATO's defense.

IOW, some issues simply transcend partisan politics, especially issues regarding national security and world order. With all of Johnson's most important boxes checked (religion, personal interest, favored polling, national security, and global order) he did what any national leader should do given similar circumstances.

Now that he did, she's going to be "responsible" and "listen to her constituents".

I don't know what tea leaves you're reading, but the opposite appears to be the truth.

Marjorie Taylor Greene Calls On Mike Johnson To Resign Or Be Ousted

"Mike Johnson's leadership is over. He needs to do the right thing to resign and allow us to move forward in a controlled process," Greene said in an interview on Fox News' "Sunday Morning Futures" over the weekend. "If he doesn't do so, he will be vacated."

Greene also said she will file a "motion to vacate" against Johnson "regardless of what [he] decides to do."

"Mike Johnson's leadership is over. He needs to do the right thing to resign and allow us to move forward in a controlled process," Greene said in an interview on Fox News' "Sunday Morning Futures" over the weekend. "If he doesn't do so, he will be vacated."

Greene also said she will file a "motion to vacate" against Johnson "regardless of what [he] decides to do."

The House remains in recess all week so no motions can be called until the members return.

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