Lies, Lewd Texts, ‘Sexualized Relationship’ At Center Of Trump-Appointed Fed Judge’s Abrupt Resignation

A Trump-appointed federal judge in Alaska abruptly and with no explanation resigned from his position last Wednesday. 

Court documents made public Monday reveal that former U.S. District Judge Joshua Kindred’s resignation came after he was asked to voluntarily resign in response to a judicial investigation that found he had “an inappropriately sexualized relationship” with one of his law clerks during her clerkship and while she was an assistant district attorney and engaged in misconduct that was “pervasive and abusive.”

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‘Do Something’ Is Not A Plan Or Wise Counsel Or A Way Out

A special edition of TPM’s Morning Memo. Sign up for the email version.

When I moved to DC to open TPM’s bureau 15 years ago this month, it was a weird time in media, with the digital/new media revolution coming into full swing and TPM being the hot kid on the block.

That first year in DC, I was getting invitations to all kinds of events. And so it was that I ended up in the first half of 2010 at a swank book party co-hosted by some prominent journalists and got my first in-person introduction to what I’ve come to call the “Do-Something Caucus.”

We were in the midst of the Deepwater Horizon disaster. To refresh your memory: The deep-sea oil rig had a blowout in the Gulf of Mexico. The subsequent explosion and fire killed 11 workers. The rig sank, and the well hole leaked uncontrollably for months until it was finally capped in an effort that strained the limits of technical and human capability. It was an environmental catastrophe with far-reaching economic consequences for the Gulf Coast.

This book party was in that period when the well was gushing oil and ruining the salt water marshes, the oyster beds, the crab and shrimp industries, and the rich fishing grounds that sustained many local families and communities. It was being described as the first “crisis” of the Obama administration, though that is a little over-determined for reasons I’ll come back to. Regardless, the out-of-control oil spill was the talk of the party.

These were sophisticated people, old Washington hands, folks who’d been around the block more than once. But they were all atwitter about the spill and the Obama White House’s response to it. They were incredulous that this crisis was not yet in hand, flustered that more wasn’t being done about it, and adamant about the political price the Obama administration was paying for it.

As I do, I gently played devil’s advocate about the available options, the tough choices, and the challenges (and wisdom) of operating at the edge of our technological limits. But no one was much interested in that line of inquiry. They didn’t know the oil and gas industry, or the seafood industry, or the delicate fringe of wetland along the Louisiana coast that had been under siege for decades. What they knew and understood was politics.

Finally, in exasperation, the best-known journalist in attendance, someone you would recognize, exclaimed: “Well, they have to do SOMETHING!”

I’m not naming names because that’s not really the point, and in any event most of the principals from that evening, including the “Do Something!” advocate, have since died. But that exchange was striking to me in the moment, has lingered not far from my consciousness for a decade and half now, and is one I’ll probably never forget. It encapsulated so much about the Washington experience, and while I was familiar with it in general I had never seen it up-close before or so vividly.

To even begin to understand it, you have to unspool one of the presumptions that I already called into question above: that this was a “crisis” for the Obama White House. Yes, the federal government had a substantial role in offshore drilling via the old Minerals Management Service, and other agencies had some responsibilities for the immediate response, eventual containment, and the cleanup of the aftermath. But come on. This wasn’t the Obama White House’s doing. We were more than a decade into the new generation of deep-sea offshore drilling, and we’d just come off of eight years with an oilman in the White House. And besides, whenever political reporters talk about a “crisis” for the White House what they mean is a “political crisis.”

Fast forward to the political crisis that President Biden is facing today. Unlike the Deepwater Horizon disaster, you can properly lay the debate disaster and his failure to reckon with his own aging at his feet and his alone. But the feeding frenzy that has ensued, the type of coverage that we’ve been bombarded with for the last 12 days, and the expectation that this drumbeat demanding that he and/or the Democratic Party “do something!” is a choice, a whole series of choices in fact, rooted in a particular kind of news judgment. That news judgment is itself a product of a certain way of seeing politics and political journalism. A prism with some utility sometimes. But it also has its own distortions and limitations.

The greatest of these limitations is that much of political journalism is divorced from policy and the substance of politics. It’s the horserace coverage, the who’s up and who’s down, the who’s in and who’s out. And no matter how complex the topic, or carefully balanced the various competing public interests are on a given issue, or how long the history of tackling the issue in a substantive way, once it enters the realm of political journalism it goes through a reductive process that distills it to whether it’s good or bad politically. Does it help or does it hurt? And if it hurts, what are you going to do about it?

Once you’re in the lane occupied by political journalists, there are certain rules, customs, and expectations that subsume everything else. You’re in our lane now and you’re going to play by our rules. If all you know is politics, everything gets reduced to a craven political calculation. Actually, it’s worse than that. If all you know is political journalism, then it gets reduced to the political journalist’s projection of what politics is, what winning looks like, and who’s losing under that particular contrived set of calculations.

In a complicated and challenging world that exceeds our capacity to understand it, there is comfort in certainty. Political journalism and sports journalism have many unfortunate parallels. Sports itself offers the comfort of reducing the world to what happens between the lines on the field or pitch court, where there are set rules and assigned enforcers of those rules. We can tune everything else out. But politics is not a sport.

An election about whether the United States will continue its two and half century long experiment in representative democracy, where a convicted felon is running to return to the office he tried to seize through extralegal means, where the specter of a new form of fascism looms on the horizon is suddenly consumed by a political death watch for the only person at present standing between democracy and another Trump term in the White House. At some level it makes sense. The stakes are that high. But only up to a point.

I’m not trying to mount a defense of Joe Biden here. I still feel like the noob at the book party 15 years ago gently playing devil’s advocate for a sense of proportion. The sheer volume of stories about Biden’s age and possible infirmities is a choice. Floating the possibility that Biden has Parkinson’s on the basis of unconfirmed insinuations is a choice. Postulating that there’s been a White House coverup of Biden’s true condition based on flimsy evidence is a choice.

We should remain open to the evidence of such things. We should be critical and skeptical of Biden and his White House and of the news coverage that is feeding on and perpetuating itself. Above all, we need to maintain a sense of proportion when everyone around us has lost theirs.

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AOC & CBC

Yesterday evening I saw the first thing that made me think Joe Biden will weather this storm and remain the Democrats’ candidate for President. Alexandria Ocasio-Cortez appeared outside the Capitol stating clearly and categorically that Biden’s in the race and she supports him. Period. Interestingly she referred to having spoken to him “extensively” over the weekend. By my subjective impression, she didn’t say this, as I’ve seen some Democrats say things over the last week, in a way that struck me as a holding pattern remark. AOC obviously carries a lot of weight in the progressive wing of the party. But beyond that she has exceptionally good political instincts, both as to the general election as well as the mood within the congressional party. When I saw the video of her comments it was the first card I’d seen on the table in ten days which made me think this whole drama would go in President’s direction.

Then after seeing this I saw something that happened earlier in the day but which I hadn’t seen yet. (I spent much of the afternoon working on something else.) The Congressional Black Caucus came out squarely in favor of the President. This fits a historical pattern. The CBC remained steadfast for Bill Clinton in his most beleaguered days. But it also lines up with what I’d heard anecdotally about reactions to the last week among many African-American voters.

This thing has spun in so many directions I’m not inclined to make any predictions. But these developments strike me as very big deals.

Big Lie-Pilled Officials Are Now In Charge Of Election Admin In Counties Across The U.S.

The board of supervisors in a deep red Northern California county that has been battling election denialism since the aftermath of the 2020 election, recently appointed a new registrar of voters with zero election experience and a track record of promoting election misinformation. 

Continue reading “Big Lie-Pilled Officials Are Now In Charge Of Election Admin In Counties Across The U.S.”

Pelosi

One more thought on this dismal standoff between President Biden and many in his party. Democrats are now in this weird and sometimes jaw-dropping standoff in which major elected Democrats make statements criticizing their current de facto nominee in the hope he’ll stop being the nominee and make way for a better nominee even though they’re not really clear who that nominee will be. I’m not being as arch as I may sound. I get why they’re doing it. They think he needs to step aside for a more able nominee and this is their way of adding pressure. But to the extent it becomes a process with no clear end point it has some pretty obvious downsides. You have a damaged nominee and you damage him even further and he’s still your nominee. This has to go one way or another and fairly soon.

We’ve noted a few times that there are half a dozen or so Democratic party stakeholders with the clout and standing to force this issue. But among those Pelosi is at least the first among equals. There’s Schumer, Jeffries, Clyburn, maybe Obama. Large groups of officeholders would obviously speak with a force of their own. But I think this really comes down to her. She’s been very quiet over the last few days.

One way or another this has to be brought to a halt. In a very real sense the Biden v Trump contest has been replaced for the moment by a Biden v mostly, but not all, unnamed Democrats contest.

Trump Team Tries Harder And Harder To Hide What They Will Actually Do During Trump 2.0

Amid the chaos of the will-they, won’t-they storyline that has seized the Democratic Party in the wake of President Biden’s abysmal debate performance, team Trump has slipped into the quieter moments of the media maelstrom, trying to paint their agenda as much more moderate than it actually is.

Continue reading “Trump Team Tries Harder And Harder To Hide What They Will Actually Do During Trump 2.0”

Names on Ballots – Micro-Explainer

This is another one of those focused, factual-question posts. As always, not trying to signal a larger point here. Just trying to address a specific question for the community which a number of TPM readers have asked me via email. Here goes.

There are suggestions out there, in some cases verging on urban legends, that no one is taking into account the fact that in many states the deadlines have already passed for switching the candidate names on the presidential ballots. Heritage has put out that they’ve got a team of lawyers ready to hit the courts. I’ve seen claims the the deadlines have passed in key swing states.

While I’m no election law expert and certainly no expert of individual state laws, I feel highly confident that none of this is accurate.

Here’s why.

Continue reading “Names on Ballots – Micro-Explainer”

Don’t Believe the Hype, MoC Edition

Just a side or secondary point that I wanted to add to what’s below. As I said, a President can’t lose the support of his congressional party going into an election. Why that happens or whether it’s fair becomes secondary to the fact itself. It’s one thing in ordinary circumstances. But you simply can’t have or survive that going into an election, certainly not one where you appear to be running at least a bit behind. I wanted to mention something about members of Congress themselves. In my experience the vast number of members of Congress have no hidden insight or greater access to information than you or I do. They may in certain instances get access to party polling. But that usually leaks in some form or another fairly quickly. They’re basically just as prone to panic, the groupthink of their social sets or cocoons, wishful thinking as you or I am.

This isn’t universal of course. Some have better political instincts than others. Some have really good political instincts. But on balance they’re just not cut from very different political cloth. That’s my experience at least.

Groundhog Day But With Cognitive Exams

I am going to try to write a few pieces today and tomorrow taking stock of the truly unprecedented and almost unimaginable standoff that is not so much wracking the Democratic Party as simply holding it in place, in limbo, for more than a week now. But before doing that I thought it was important to share some general thoughts on where we are with all of this. First I must say that I can’t think of many other or perhaps any political situation I’ve written about at TPM over decades that was more difficult for me to make sense of, either as a matter of what is happening or will happen, or what should happen. I’ve been mainly focused on the first question.

For the second half of last week I was basically certain that Joe Biden would be forced to end his candidacy and that it was simply a matter of time before he did so. Then, starting Saturday, things seemed to shift. These things work in waves. For any politician the best way to avoid being forced to resign (and here I’ll use “resign” as a proxy for Biden ending his candidacy, not actually resigning the presidency) is simply not to resign. It’s one of those truisms that contains more depth and nuance than one at first realizes.

Continue reading “Groundhog Day But With Cognitive Exams”

What An Utterly Surreal Week In American Politics

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

A Seismic Jolt

One week ago today the Supreme Court issued its landmark decision in U.S. v. Trump, creating a monarchial presidency the likes of which the founders would have taken up arms against.

The court’s response to an attempted auto-coup by a defeated president who is poised to potentially regain office in a matter of weeks was to carve out vast new areas of presidential immunity and invent new rules of evidence that no one was even arguing about yet – but to do so with no clear standards or bright lines, reserving to itself the considerable power to set them later or not set them at all and decide things as it sees fit on a case-by-case basis where it can craft its own preferred outcomes.

And yet … the biggest national political story since then has not been the Supreme Court’s unilateral rebalancing of the Constitution’s separation of powers in favor of Donald Trump’s short-term criminal defense and long-term political power, but rather Joe Biden’s decline with age and his fitness to defeat Trump in the November election. Historians will struggle to make sense of this week because it’s impossibly surreal for those of us living through it.

Politics – and covering politics – is hard even in normal times because there is so much uncertainty, so few anchors or touchstones, and compromise is built in, which can blur lines and make things seem adrift. The kind of feeding frenzy were witnessing now is often driven by an unusual level of seeming certainty. The sense that something is suddenly clear and obvious and undeniable – like Biden’s debate failure – can act like a magnet for those exhausted by all of the nibbling at the margins, hedging bets, and the never-ending difficult task of balancing interests that is required in a mature political economy. Moreover, the supposed obviousness of the immediate issue can often override consideration of the downstream consequences. Sometimes, the decision that looks so obvious in the moment gets a whole lot more opaque when you start to grapple with the knock-on effects.

In contrast to Biden’s nationally televised failure, the Supreme Court’s decision on presidential immunity was complex, in writing, and with impacts that while real remain in many ways contingent and forward-looking. In the media economy, it’s obvious which story is easier to tackle. Likewise, the entire march toward authoritarian rule remains murkier and harder to cover than the up-and-downs of a political campaign.

But I want to stay focused on the Supreme Court decision because I think this past week was a fulcrum in U.S. political history.

The Supreme Court Is Now The Kingmaker

I mentioned last week that while on the surface U.S. v. Trump seems like a dramatic expansion of executive power the reality is that at its core it aggrandizes power to the high court itself. We’ll keep returning to this theme, but in the meantime:

  • I want to direct you to this piece by Asha Rangappa:

[T]here are so many implications written between the lines that fundamentally alter the balance of power among the branches, not only making the President effectively a king, but making the Court’s conservative majority the kingmakers who rubber stamp or veto what kinds of actions get immunity (thereby ensuring that any potential dictator is symbiotically dependent on the Court to preserve his facade of legitimacy).

SCOTUS ‘Cut The Heart And Soul Out Of America’

Former Appeals Court Judge J. Michael Luttig continues to be singular voice of our time, a conservative Republican of the old school horrified by his party’s abandonment of the rule of law as on organizing principle for democracy:

Intellectually Honest Conservatives Get It

Richard Bernstein, a former clerk for Antonin Scalia who is cut from the same cloth as Judge Luttig, finds in U.S. v. Trump many of the same hallmarks that conservatives loathed in Roe v. Wade. That’s a provocative point of view for a progressive audience, but he’s exhibiting an intellectual consistency that the Supreme Court’s right-wing justices have abandoned.

SCOTUS Decision Already Impacting The MAL Case

A series of developments in the Mar-a-Lago case since the decision in U.S. v. Trump are a taste of the ways in which the Supreme Court has hobbled the Trump prosecutions:

  • Trump is seeking to delay the Mar-a-Lago case in light of U.S. v. Trump.
  • In response, U.S. District Judge Aileen Cannon has for now delayed the next batch of deadlines in the case and provided a very generous briefing schedule to consider the impact of U.S. v. Trump on the charges against the former president.
  • Trump is seizing on Justice Clarence Thomas’ concurrence in U.S. v. Trump to renew his claim that Special Counsel Jack Smith was unlawfully appointed.
  • Cannon rejected Trump co-defendant Walt Nauta’s motion to dismiss for selective and vindictive prosecution but was careful to note that it should not be interpreted as her taking a position on Trump’s still-pending similar motion. She also took a swipe, as per usual, at prosecutors in the final footnote of the ruling.

How to Stop Fascism

Yale historian Timothy Snyder recounts in some detail the five lessons we learned from the rise of Nazism in 1930s Germany:

  1. Voting matters
  2. Coalitions are necessary
  3. Conservatives should be conservative
  4. Big business should support democracy
  5. Citizens should not obey in advance

Well Put

Good Decisions Aren’t Made In The Midst Of A Feeding Frenzy

I don’t have much to add to the maelstrom of Biden coverage and whether he will stay or go, or whether that’s a good idea or a bad idea, or who is best positioned to defeat Trump. But I’ll refer you to Brian Beutler’s thoughtful weighing of the most important considerations.

‘Some Folks Need Killing’

Following up on some of the ground-breaking reporting that TPM’s Hunter Walker has done on the GOP nominee for governor in North Carolina, Greg Sargent highlights a June 30 Mark Robinson speech in which he said:

Some folks need killing! It’s time for somebody to say it. It’s not a matter of vengeance. It’s not a matter of being mean or spiteful. It’s a matter of necessity!

Greg has all of the context, and it’s not good.  

The Big Picture

MIAMI, FLORIDA – JULY 01: John Cangialosi, Senior Hurricane Specialist at the National Hurricane Center, inspects a satellite image of Hurricane Beryl, the first hurricane of the 2024 season, at the National Hurricane Center on July 01, 2024 in Miami, Florida. On Monday afternoon, the storm, centered 30 miles west-northwest of Carriacou Island, became the strongest hurricane this early in the season in this area of the Atlantic. (Photo by Joe Raedle/Getty Images)

Houston/Galveston narrowly dodged a climate-fueled bullet this morning as the necessary ingredients came together a few hours too late for Hurricane Beryl to re-intensify into a monster storm.

For the casual observer, it’s worth noting that Beryl was doing climatologically crazy stuff last week in the tropical Atlantic and Caribbean. With record-high sea surface temperatures creating conditions not typically found until the August/September peak of the hurricane season, Beryl was able to do things in terms of intensity and location at a time of the year that simply would not have been physically (as in, physics) possible before.

Weather is not climate, but Beryl was such an outlier and our understanding of the physics of tropical cyclones advanced enough that the connection is clearer and more concrete than can sometimes be drawn with other weather phenomena.

Related:

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