Josh Marshall

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Josh Marshall is the founder and Editor-in-Chief of TPM.

A Haunting Must-Read

It’s hard to describe just what’s in this article. Have you read the book or seen the movie Holes? It’s like a real life version of that – a tucked away county in Tennessee where a judge who’s barely even a lawyer presides over a kingdom of juvenile imprisonment.

President Donald Trump talks with Cleveland Clinic President and CEO Toby Cosgrove during a meeting with business leaders in the State Dining Room of the White House in Washington, Friday, Feb. 3, 2017, in Washington. From left are, Cosgrove, White House chief strategist Steve Bannon, Trump, and Tesla and SpaceX CEO Elon Musk. (AP Photo/Evan Vucci) Treat Trump Like the Common Perp He Is

We appear to be moving toward a critical moment for rule of law in the United States, where it will finally be vindicated or a mockery. Unsurprisingly, former President Trump instructed his aides to defy the Jan 6th committee’s subpoenas. The legal instructions were reported yesterday by Politico and the Post. They involve mostly hand-waving with turns at executive privilege, lawyer client privilege and various others. None of these aides are lawyers and they are not the President’s lawyers. Former Presidents have no executive privilege. Or to put it more precisely, executive privilege inheres in the office of the presidency, not individuals. The President is Joe Biden. Not Donald Trump. It’s up to him to make such an argument. Trump can ask.

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The Kids at the Insider Sheets

In recent months I’ve become paradoxically addicted to scanning the top insider sheets as they come out through the day – Politico, Punchbowl, Axios – because they’re like a direct injection of the DC establishment, insider zeitgeist. It’s not that you couldn’t find that before. I started TPM in many ways to critique that mindset and worldview. But it’s sort of like the way competition has made illicit drugs more concentrated and potent over the years. These sheets give it to you in a more concentrated form. They are each in competition with each other to refine and recut the giddiness, knowing expressions, punch phrases and conventional wisdom production into shorter and shorter bursts. In any case, not great for the country or journalism: but good for me inasmuch as I can observe it in one place so easily.

This morning I opened Punchbowl. And the story is: THE SPEECH. What’s the speech? Yesterday evening as Republicans were scrambling to overcome their own filibuster Chuck Schumer gave some short remarks in which he lambasted Republicans for their recklessness and fecklessness. They played chicken with the full faith and credit of the United States and thank God they lost. And now they were scrambling to put the genie of their own recklessness back in the bottle. So you suck, you lost and don’t suck next time.

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WASHINGTON, DC - JANUARY 28: President Donald Trump speaks on the phone with Russian President Vladimir Putin in the Oval Office of the White House, January 28, 2017 in Washington, DC. On Saturday, President Trump is making several phone calls with world leaders from Japan, Germany, Russia, France and Australia. (Photo by Drew Angerer/Getty Images) Charge’em

That’s what TPM Reader PJ says …

Maybe this is out there, but I think Trump should be charged for election fraud ASAP. Let’s start with the topline: by any reasonable standard you already have enough evidence to charge him, and probably convict him: one needs say little about the Senate report that was not already partially in plain sight with Trump’s own talk about the election, its corruption, etc. But the report’s release today underscores that you’ve got plenty of evidence against Trump and also evidence to indict many of his toadies that might rat on him.

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Abject Fold
Here’s Why McConnell Blinked

Why is Mitch McConnell blinking? Let’s be clear: this is a blink, not a cave. There’s a lot to play out. But here is the gist. Democrats refusal to budge on using reconciliation to beat Republicans’ repeated filibusters is moving quickly toward a situation where there will literally be only two options: filibuster carve-out or debt default. Those are both very bad options to McConnell. As I noted yesterday, this isn’t a matter of saying “Oh Democrats are tougher. They won’t cave.” It’s that the mechanics of reconciliation will mean there’s no more time. They’ll have no way to cave. That calendar reality creates a very bad situation for McConnell.

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This Is McConnell’s First Blink
Negotiating with the Cable Nets

TPM Reader TD is 100% on the mark here …

I think you’re on the right track about ATT and OAN, but I think you’re overthinking it. Might there be some ideology influencing the ATT decision to suggest the formation of OAN? Sure, but that’s secondary.

What is corporate ideology? Money. Profit.

Fox had little to no competition as a conservative network. With no competition, Fox could back cable systems into a corner, basically demanding they be carried as the only “conservative” viewpoint, and demanding the very best terms available to them.

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AT&T and the Demon Spawn of OAN
How the telecom and content giant spawned Trump's favorite propaganda network.

Reuters just published a fascinating special report about the role AT&T played in creating OAN, the far-right cable news network which has basically operated as a propaganda mill for Trumpite conspiracy theories. Just yesterday we learned that one of its lead “reporters,” Christina Bobb, worked for the Trump campaign while simultaneously working for OAN. That’s the kind of operation.

So is AT&T a far-right company trying to push Trumpism?

Well, we don’t know for sure. Reuters was able to piece together the story mostly from depositions in unrelated or tangentially related lawsuits. So we appear to have pretty solid confirmation of certain facts but we have to infer the different players’ motivations.

Here are the basics. I will try to fill in some of the blanks from my own understanding of the telecommunications world.

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POLAND - 2020/07/15: In this photo illustration a Facebook logo is seen displayed on a smartphone with an European Union flag background. (Photo Illustration by Omar Marques/SOPA Images/LightRocket via Getty Images) Don’t Be Surprised About Facebook and Teen Girls. That’s What Facebook Is.

You’ve probably seen the latest controversy about Facebook/Instagram leading vulnerable teenagers to anorexia, fat-shaming content that seems almost designed to send teenage girls and some boys into spirals of self-loathing and unsafe behaviors. What jumps out to me about this latest controversy is that most people still don’t grasp that things like this are close to inevitable because of what Facebook is. It’s foundational to the product. It is not surprising.

Let me explain. First, set aside all morality. Let’s say we have a 16 year old girl who’s been doing searches about average weights, whether boys care if a girl is overweight and maybe some diets. She’s also spent some time on a site called AmIFat.com. Now I set you this task. You’re on the other side of the Facebook screen and I want you to get her to click on as many things as possible and spend as much time clicking or reading as possible. Are you going to show her movie reviews? Funny cat videos? Homework tips? Of course, not. If you’re really trying to grab her attention you’re going to show her content about really thin girls, how their thinness has gotten them the attention of boys who turn out to really love them, and more diets. If you’re clever you probably wouldn’t start with content that’s going to make this 16 year old feel super bad about herself because that might just get her to log off. You’ll inspire or provoke enough negative feelings to get clicks and engagement without going too far.

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