A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
Too Cute by Half
The colossally corrupt indictment of the Southern Poverty Law Center shows just how powerful a politicized DOJ can be in the hands of a rogue president — and how difficult it is even this late in the game for the press and the public to have a clear-eyed view of retributive prosecutions.
While the SPLC has long been a tormenter of extremists and therefore targeted by the right, it has not been subjected to the kind of drumbeat narrative against it from President Trump that would help to elevate the bogus nature of the prosecution more clearly in the public mind. So there was a lot of “let’s wait and see what they’ve got” in yesterday’s coverage of the new federal indictment out of Alabama. Even I felt some trepidation about assuming it was another bogus politicized prosecution until we got a better handle on the allegations.
But let’s be clear: They got nothing. Period. Full stop.
The indictment reads like what you would expect a bunch of young conservative lawyers who fancy themselves as clever and who have an axe to grind against an anti-white supremacy organization to come up with. It’s too cute by half. It insists that up is down.
SPLC payments to informants to get intel on extremist group activities that it then shared with law enforcement were, in this telling, funding white supremacism. Setting up shell entities to protect the informants by shielding the origins of the payments is recast as a money laundering conspiracy. Running the payments through normal banking channels somehow turned the banks into victims and gave rise to a slew of wire fraud and false statement charges.
I watched the full press conference by acting Attorney General Todd Blanche and FBI Director Kash Patel, and it was breathtaking how little they have against the SPLC and how ill-prepared they were to address the most obviously troubling questions that the case raises, like what was the fraud precisely? Or what evidence exactly makes decades of payments to extremist informants not a watchdog function but the promotion of extremism?
In a telling moment, Blanche let slip that the SLPC investigation originated under Trump I, was shelved under Biden, and then reanimated in Trump II.
For context and history plus a real unpacking of the indictment, I recommended:
- Joyce Vance, a former U.S. attorney in Alabama: “At first blush, these allegations feel like an extension of the revenge docket and the attacks on universities and law firms, an effort to delegitimize and marginalize an organization that is pushing back against the administration. We’ll have a chance to study the charges as we learn more about the government’s evidence. The government’s core theory is that the SPLC paid high-ranking white supremacists, but they seem to ignore the reason—that the use of paid informants was essential to the intelligence the Center was gathering on the groups they were members of, including intelligence that was shared with the FBI.”
- Chris Geidner, who shows how the facts pleaded in the indictment itself belie Blanche’s claims during the press conference, where he went well beyond the indictment by alleging that the SPLC “was not dismantling these groups, it was instead manufacturing the extremism it purports to oppose.”
The underlying danger here goes well beyond the SPLC. Not every vindictive prosecution is going to be as open and obvious as those against James Comey, Letitia James, John Brennan, Kilmar Abrego Garcia, etc. Even a well-respected, longstanding organization with a distinguished history of fighting the Ku Klux Klan and right-wing extremism that most reporters are very familiar with is easily placed under a pall of suspicion and doubt by the most transparently bad faith DOJ in our history.
Investigate the Investigators Watch
The latest developments in the bogus “grand conspiracy” retributive prosecution that the Trump DOJ is running down in south Florida, now under auspices of the newly-appointed Trump loyalist Joseph diGenova:
- The NYT reports that weekend subpoenas sent out from a D.C. grand jury in the politically motivated case against former CIA Director John Brennan were promptly rescinded on Monday. The cooperating witness who had been subpoenaed will be interviewed voluntarily instead, which would be the more typical DOJ practice.
- While the mother of all vindictive prosecutions is based in Florida, the purported perjury case against Brennan arises from a deposition he gave to Congress, so he would likely need to be indicted in D.C. Both the NYT and WaPo report that Miami U.S. Attorney Jason A. Reding Quiñones has been given special authority to bring cases outside of his home district, including in D.C.
- The WaPo reports that Quiñones has been regularly meeting for months with Blanche’s office about the case. Blanche was in Florida Monday and met with diGenova and the case team and then posted on X about it:
A National Disgrace
Garrett Graff on the unrelentingly bad tenure of FBI Director Kash Patel.
Pull Out the Checkbook
The former Capitol Police officer who defended against the Jan. 6 attack but was then falsely accused of setting pipe bombs the night before has sued The Blaze and two of its reporters for defamation in federal court in the Eastern District of Virginia.
Shauni Kerkhoff, who now works at the CIA, has hired top-flight attorneys to pursue what could be an existential threat to the far-right media company founded by Glenn Beck. One of the Blaze reporters on the story, Steve Baker, was at the Capitol on Jan. 6 and charged with trespassing and disorderly conduct (his case was later dismissed when President Trump granted sweeping clemency to the Jan. 6 rioters).
Kerkhoff was for a time a suspect in the pipebombing case before being exonerated by the FBI, but new reporting from the NYT suggests Baker himself may have been the one to finger her as a suspect before he published his story:
But Mr. Baker said he may have helped trigger that investigation. In an interview with The New York Times, Mr. Baker said that shortly before his story published, he had taken his theory to sources at the Office of the Director of National Intelligence.
A spokesperson for the office said that a “whistle-blower” had come forward last year with an allegation about a security concern, which the agency documented and lawfully reported to the employing agency of the person, who was a member of the intelligence community.
The Blaze never contacted Kerkhoff before it published the false allegations against her, she says. More than three weeks after publishing, The Blaze took down its story.
Dems Win Virginia Redistricting Vote
In a big boost to Democrats in the mid-decade redistricting wars, Virginia voted to redraw its map, in a move that is expected to yield a pick-up of four Democratic seats. The win in Virginia means Democrats now have a 10-9 seat advantage over Republicans nationwide in the redistricting race, as both parties try to eke out gains to win House control in the fall’s midterm elections. The state’s Supreme Court could still step in to block the redistricting.
Rep. Cherfilus-McCormick Resigns
Indicted Rep. Sheila Cherfilus-McCormick (D-FL) resigned her seat just minutes before the House Ethics Committee was set to vote on whether to recommend her expulsion from the House.
More on the CIA Deaths in Mexico
While the NYT followed up the WaPo with its own confirmation that the two Americans killed over the weekend in a car accident in Mexico worked for the CIA, Mexican President Claudia Sheinbaum said her government would investigate the incident to ensure no laws were broken, which could lead to a Mexican admonishment of the U.S. “We’re investigating what these people were doing and what agency they were working for,” she said.
Mass Deportation Watch
- Colorado: Customs and Border Protection agent charged with assaulting a protester.
- Florida: 11th Circuit Court of Appeals overturns injunction that aimed to shut down “Alligator Alcatraz.”
- Texas: Gov. Greg Abbott (R) is using Trump-style tactics in fight with blue cities over ICE.
Good Read
ProPublica: Trump’s Counterterrorism Czar Sebastian Gorka, a Man Without a Counterterrorism Plan
Latest From the Middle East …
- President Trump announces the U.S. ceasefire with Iran is extended indefinitely.
- Vice President JD Vance hit pause on his planned trip to Pakistan as planned talks with Iran broke down.
- President Trump is weighing punishing NATO allies who refused to back the Iran war, Politico reports: “The effort, which officials worked on ahead of NATO head Mark Rutte’s visit to Washington this month, includes an overview of members’ contributions to the alliance and places them into tiers, according to three European diplomats and a U.S. defense official familiar with the plan.”
10 Commandments in Schools Law Upheld
By a 9-8 vote, the hyper-conservative 5th Circuit Court of Appeals upheld the Texas law requiring the 10 Commandments to be posted prominently in every public school and university classroom in the state. The case is headed to the Supreme Court.
Anti-Vax Shenanigans
- NYT: HHS Secretary Robert F. Kennedy Jr. refused to commit to supporting the vaccine recommendations of the new CDC director.
- WaPo: CDC won’t publish report showing COVID shots cut likelihood of hospital visits.
- NYT: Pentagon to Stop Requiring Members of Military to Get Flu Vaccines
Hard Read
NYT: A Year After U.S.A.I.D.’s Death, Fired Workers Find Few Jobs and Much Loss
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Heather and Paul today:
Okay, Second then.
Low I.Q.?