Josh Marshall

 Have a tip? Send it Here!
Josh Marshall is the founder and Editor-in-Chief of TPM.

Area Judge Drop Kicked to Eternal Shame

I wanted to slow down a bit and make sure you absorb the full weight of the 11th Circuit ruling today in the Mar-a-Lago documents case. Specifically this was a ruling on the civil suit which Donald Trump brought to short circuit and hobble the Justice Department probe of his theft and illegal possession of a host of highly classified documents at his South Florida villa. Remember Judge Aileen Cannon, the Trump appointee judge who Trump forum-shopped into the case and who then proceeded to disregard logic, precedent and self-respect to take up as, in essence, Trump’s own lawyer from the bench? The three-judge panel on the 11th Circuit, made up of two Trump appointees and one George W. Bush appointee, ruled against every aspect of Cannon’s involvement in the case, including being involved at all in the first place. The whole special master episode? Nope. Done. Josh Kovensky walks us through the details.

Too Hot for Parler

Far right Twitter clone site Parler announces Kanye’s purchase of Parler is off.

From Parler HQ: “Parlement Technologies has confirmed that the company has mutually agreed with Ye to terminate the intent of sale of Parler. This decision was made in the interest of both parties in mid-November. Parler will continue to pursue future opportunities for growth and the evolution of the platform for our vibrant community.”

The Alt Right Shows Who’s Boss Prime Badge
The on-going Twitter purge of liberal and left-wing accounts is driven as much by Musk's mass firings as his new white nationalist pals.

Like many others I’ve been watching the alt-right take over of Twitter evolve in real time. The whole operation is now chained to the manic outbursts and enthusiasms of majority owner Elon Musk and he — as I explained here — is locked in an increasingly tight embrace with a series of far right accounts who keep buttering him up into an escalating froth about how his battle for “free speech” on Twitter is a battle in which the future of humanity at stake. “This is a battle for the future of civilization. If free speech is lost even in America, tyranny is all that lies ahead,” he tweeted on Monday. (Seriously, I watch this clown so you don’t have to …) But just over the last couple days it does seem like there’s a purge of progressive accounts on the site.

At first some of the banned account were ones that can be reasonably classed as radical anti-fascist accounts. To be clear, I do not in any way equate these groups with the fascist paramilitaries they oppose. But these are groups that mobilize to confront Proud Boys type groups on the streets. Some provide armed security at LGBTQ events and other marginalized group/threatened events. It’s plausible that they might say things that could be reasonably construed as endorsing violence. They might be “doxxing” far right individuals. My point is that in a climate of unequal enforcement of Twitter’s terms of service they might actually be violating those terms of service. Again, I’m not justifying their suspensions. I’m providing context for what might be driving them.

Read More 
Gaming Out the Numbers in the Kevin McCarthy Tunnel of Doom

Let me game out a few possibilities on the speakership vote. And let me say first, these remain quite hypothetical. I think Kevin McCarthy will become Speaker. But it’s worth walking through how different scenarios could play out.

First, as we know, to be elected Speaker you have to win a majority of the chamber. In other words, 218 out of 435 votes. A majority of your own party doesn’t cut it. That’s why having such a narrow majority makes everything so difficult. Other unexpected events can become very important. The passing of Rep. Donald McEachin (D-VA), who died on Monday, could turn out to be significant in how this plays out, a point we’ll get to in a moment.

Read More 
Could Big Kev Be Toast? Prime Badge

I’ve written repeatedly that Kevin McCarthy (R-CA) remains highly likely to become Speaker of the House on January 3rd, despite all the sturm und drang to the contrary. But I admit I’m a bit less sure than I was. We should also remember that if McCarthy cannot muster the votes to become Speaker, that is almost certainly the end of his career in electoral politics. (It’s not like he can run statewide in California.) And if tradition holds his defeat would be followed in short order by his resignation and departure from Congress. You don’t get passed over twice for Speaker and remain in the leadership or in Congress.

Yet, to understand this drama, we must remember that it has nothing to do with Kevin McCarthy. To the extent McCarthy’s opponents have made an argument against him it largely turns on the mean things his predecessors John Boehner and Paul Ryan allegedly did to them when they were Speaker.

Read More 
Remember Perla? Prime Badge

Remember Perla Huerta? She was “Perla,” the head recruiter in San Antonio, Texas for that DeSantis migrant hoodwinking operation back in September that ended with 50 migrants stranded on Martha’s Vineyard. She, along with DeSantis’s chief of staff, James Uthmeier, and his “pubic safety czar,” Larry Keefe, have had their names added to a federal class action lawsuit which alleges that they and others tricked the migrants into getting on that plane.

DeSantis himself gets top billing. You can see the amended complaint here.

For many this story seems like old news, yet another in the endless stream of outrages or scandals which hold the stage for a few days or weeks only to be replaced by another in endless rotation. It also doesn’t seem like a problem for DeSantis since his target audience is voters who want to stick it to immigrants and the triggered libs who hypocritically come to their defense. After all, he just cruised to a landslide reelection victory, right? But I don’t think either assumption is true. Never did.

Read More 
The Great Pearl Clutching

TPM Reader JS’s note is very much internal to the world of American Judaism, discussions of Zionism in the context of American politics. If you’re not Jewish, a few of the references may be obscure. (The Zionist Organization of America (ZOA) is a century-old organization once led by Louis Brandeis which for the last thirty years has been owned and controlled by one guy, Morton Klein, who basically uses it as a cudgel for right-wing politics in the U.S.) But the general points should be familiar and they’re correct. A lot of folks have suddenly found out Trump might be a bad guy just as the stink of a loser is all over him.

Read More 
I’m Not Seeing It Prime Badge

I’m seeing headlines from all the insider newsletters announcing an “avalanche” of criticism of ex-President Trump over the West-Fuentes hoedown at Mar-a-Lago. But somehow I’m not quite seeing it. There does seem to be some mild uptick or rather a continuation of criticism from Republican senators. But they tend to be what remains or are now called middle-of-the-road Republicans — Romney, Moore Capito, Kennedy. I see mean names. Marco Rubio called him an “ass clown.” But the “him” was Nick Fuentes, not Trump. The strongest rebuke appears to be coming from Mike Pence, who has called on Trump to apologize for the meeting, something which in the Trump universe is almost like telling someone to jump off a bridge. But again, it’s Mike Pence.

Read More 
The True Nodes of Power Prime Badge

The ongoing drama at Twitter — along with all the antic heat — has also helpfully illustrated where key power points in our society and economy really reside. Because Twitter is now a private company — no market reactions to worry about — and has no board, Elon Musk can, at least in the short run, do pretty much anything he likes. That’s part of the drama and craziness of the moment. Yoel Roth is the former head of safety at Twitter. He held on for the first few weeks before eventually resigning. Afterwards he wrote an op-ed about the situation in the Times. It’s a very interesting piece, filled with more information than indignation. It’s worth reading. But one thing he noted had gotten very little attention so far in the coverage of the Musk-Twitter story. Twitter is deeply reliant on access to the Apple and Android (owned by Google) app stores.

Read More 
Silenced Prime Badge

Here are some revealing comments from Rep. James Comer (R-KY), a big player in the incoming GOP House majority, on resistance to Kevin McCarthy. Note specifically the references to Ryan and Beohner. As we’ve discussed, post-midterm Washington conventional wisdom is that Trumpism is toxic at the ballot box and Republicans are looking for a new leader. But the argument from House Republicans is that the problem for McCarthy is that pro-Trump/Freedom caucus voices have been, are being silenced.

Here’s Comer, a McCarthy supporter, explaining continued resistance to McCarthy’s elevation to Speaker.

Read More 
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: