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As Right-Wingers Stoke Moral Panic About Trans Youth, School Boards Confront A Democratic Dilemma 

This article is part of TPM Cafe, TPM’s home for opinion and news analysis.

Democracy poses a dilemma where matters of professional expertise come into play, and the recent MAGA assault on public education, trans youth, sex education and the LBGTQ community broadly has forced local school boards to serve as a petri dish for handling that dilemma.

Continue reading “As Right-Wingers Stoke Moral Panic About Trans Youth, School Boards Confront A Democratic Dilemma “

Alina Habba Gets Scorched By E. Jean Carroll’s Lawyer–And Wilts

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

Too Good

This isn’t going to make or break the rule of law in America or register in the histories written of this era. But damn it’s too good to pass up because it combines Trump’s “only the best” lawyering, with fake outrage, fact-free accusations, and another in the long, long line of bogus attacks laundered through right-wing media, picked up by Trump, and repeated as if gospel.

After losing badly to E. Jean Carroll to the tune of $83 million, Trump lawyer Alina Habba sent an outrageous letter to the trial judge Monday citing a New York Post story that the judge and Carroll’s lawyer had a mentor-mentee relationship when they were at the same firm three decades ago. Habba admitted to not having all the facts, including — presumptuously — a denial from the judge. But she suggested the alleged but unproven pseudo-conflict of interest could be grounds for seeking a new trial.

Yesterday, Carroll attorney Roberta Kaplan fired back in a stinging letter of her own, calling the substance of the allegation false. Kaplan and the judge had overlapped at the same firm 30+ years ago when she was a young associate and he was the head of the firm’s litigation department, but she recalls having had no contact with him ever during that time. Kaplan concluded her letter with a not-so-veiled threat to seek sanctions against Habba.

It only took about two hours for Habba to back down. In a followup letter, Habba essentially raises the “I was just asking questions” defense. Knocked back on her heels by Kaplan, Habba denies she was a source for the underlying New York Post article.

Habba ends the letter with a double shot of smarm and disingenuousness: “Since Ms. Kaplan has now denied that there was ever a mentor-mentee relationship between herself and Your Honor, this issue has been seemingly resolved.”

Habba footnotes that sentence in a way sure to further antagonize the judge: “There are, however, various other issues relating to the Court’s conduct, including potential bias hostility towards defense counsel, that will be raised in post-trial motions and on appeal.”

Habba just keeps on losing.

Just Call It What It Is

You can’t divorce the House GOP’s bogus impeachment of Homeland Security Secretary Alejandro Mayorkas from its 2024 campaign strategy to vilify and demonize migrants and stoke xenophobic backlash for their own political ends — any more than you can separate out Texas Gov. Greg Abbott’s manufactured border showdown. And yet impeachment coverage is going to overlook that and end up being a procedural blow-by-blow that lets their bad faith effort serve the exact purpose it was intended to serve. Not all the coverage is guilty though.

Keep Digging

Experts continue to scratch their collective heads over that mystery $48 million Trump loan that special master in the NY civil fraud case has raised questions about.

Illinois Keeps Trump On The Ballot

The Illinois Board of Election by an 8-0 vote ruled that (i) Donald Trump’s statement of candidate was not knowingly false when it deemed him “qualified” for the presidency; and (ii) it lacked jurisdiction to consider whether Trump is ineligible under the Constitution’s Disqualification Clause. So Trump stays on the ballot for now.

Still No Immunity Ruling From DC Circuit!

Politico: As judges mull presidential immunity, Trump reaps the benefits of delay

8th Circuit Decimates Votings Rights Act

The full 8th Circuit has declined to take up a stunning, precedent-busting three-judge panel decision that there is no private right of action under Section 2 to enforce the Voting Rights Act.

Cori Bush Under Federal Investigation

The unnamed House Democrat under investigation for alleged misspending on personal security has come forward. It is Rep. Cori Bush (D-MO).

Initial reports suggested the investigation was over misuse of government funds; whereas, Bush says the probe is over her use of campaign funds, including payments to her husband, a security guard whom she married last year. It’s not clear to me whether that’s a relevant or meaningful distinction in this matter.

[Sponsored] An Inside Story Of The Democratic Party At A Moment Of Great Peril

The Truce, from journalists Hunter Walker (of Talking Points Memo) and Luppe B. Luppen, explores the major fault lines that define Democratic politics today and asks big questions about the future of the party. An engrossing page-turner, The Truce grapples with the dangers that threaten American democracy and the complicated cast of characters who are trying to save it.

Buy the book

Jean Carnahan, 1933-2024

I don’t want to reduce the life of former Sen. Jean Carnahan (D-MO), who died yesterday at 90, to the tragic airplane crash that killed her husband Mel and, too often overlooked, her son Randy in October 2000. But 2000 remains a dramatic fork in the road of modern American history, and I remember the shock of hearing of the crash alongside the other momentous events of that election cycle: the Florida recount and Bush v. Gore.

Mel, the sitting governor of Missouri, was locked in a tight Senate race with Sen. John Ashcroft (R) at the time of the crash and would go on to become the first person ever elected posthumously to the Senate. The Democratic lieutenant governor who succeeded Mel appointed Jean to his Senate seat, which she would hold until she lost an exceedingly close 2002 special election to Republican Jim Talent.

In a brutal turn of events for Missouri Democrats, the just-defeated Ashcroft became attorney general in the new Bush II administration. But, in a foreshadowing of the pattern we’ve become accustomed to in recent years, where the GOP villains of one era are left behind by their increasingly radicalized party, Ashcroft ended up a hero of sorts in a dramatic hospital bed scene famously described by his deputy James Comey, refusing to bow to Bush White House pressure to reauthorize a secret surveillance program.

Cecile Richards Reveals Brain Cancer Diagnosis

Cecile Richards, the former longtime president of Planned Parenthood and the daughter of the late Texas Gov. Ann Richards (D), revealed her brain cancer diagnosis.

Musk’s ‘Deeply Flawed’ Tesla Pay Package Struck Down

A Delaware judge ruled in favor of Tesla shareholders that CEO Elon Musk’s pay package from the company was “deeply flawed, “an unfathomable sum,” “historically unprecedented,” and “incredible.” 

‘He Was Almost Brainwashed’

WaPo: Ohio man sentenced to 18 years for bombing church that was hosting drag event

No Shortage Of Things To Pretend To Be Outraged About

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Vulnerable House GOPers Wobble Trying To Dismiss Far-Right Talk Of Civil War At Texas Border

As some of their far-right colleagues salivate over Texas Gov. Greg Abbott’s performative legal and political standoff with federal border agents, vulnerable House Republicans are toeing an all-too-familiar line between criticizing their hardliner colleagues’ rhetoric and still demonizing the Biden administration.

Continue reading “Vulnerable House GOPers Wobble Trying To Dismiss Far-Right Talk Of Civil War At Texas Border”

Cool Mom Clarice’s Ongoing Fight for Her Right To Party

If there’s one thing we’ve learned about Moms for Liberty and Moms for Liberty-adjacent, right-wing school board moms like Bridget Ziegler and Clarice Schillinger, it’s that they know how to party. You’ll remember that late last year Schillinger, a one-time candidate for Lt. Gov of Pennsylvania and the head of a major anti-woke school board group in the state, was charged with a mix of offenses related to allegedly assaulting and boozing up minors at her daughter’s 17th birthday party. After a preliminary hearing on Monday, Magisterial District Judge Stacy Wertman held Schillinger over for trial on the same charges after hearing reality TV-style testimony about Schillinger’s, her mom’s and her then-boyfriend’s feral behavior corrupting the youth of Bucks County Pennsylvania — and in some cases just beating the crap out of the youth of Bucks County when they simply tried to escape her house.

Schillinger was released on her own recognizance pending trial.

Let’s go to the video (metaphorically speaking)…!

Continue reading “Cool Mom Clarice’s Ongoing Fight for Her Right To Party”

Dissenters Decry ‘Judge-Driven’ Mistakes As 8th Circuit Declines To Hear Major Voting Case

The 8th Circuit Court of Appeals declined to hear a bombshell voting rights case Tuesday, likely putting a case that existentially threatens the Voting Rights Act on track to the Supreme Court.

Continue reading “Dissenters Decry ‘Judge-Driven’ Mistakes As 8th Circuit Declines To Hear Major Voting Case”

What Latest Polling Says About The Mood In Ukraine—And The Desire To Keep Fighting

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.

Ukrainians have endured war for nearly two years. Since the Russian invasion of Feb. 24, 2022, more than 6.3 million Ukrainians have fled the country, while an estimated 3.7 million are internally displaced.

The war has had damaging geopolitical and ecological consequences. But it is ordinary Ukrainians, those who stayed to endure and fight, who experience its strains and horrors daily.

As the war enters its third year, what is the mood among these Ukrainians? As a political geographer who has worked with colleagues on surveys in the region for years, I know that measuring public opinion in wartime Ukraine presents many challenges.

Nearly 1 in 4 Ukrainians have had to move from their homes. And while the 1,000-kilometer (620-mile) front line has largely stabilized, missile and drone attacks are a daily occurrence. Patriotic feelings are high, and so also is distrust, especially in places formerly occupied by Russia.

Most public opinion research today in Ukraine is conducted by telephone interview. Survey companies make calls to randomly selected functioning numbers and ask citizens over the age of 18 to participate.

Response rates can be low. Nonetheless, survey companies manage through persistence.

The latest survey by the National Democratic Institute released on Jan. 26 provides insight into how Ukrainians are coping. Administered by the reputable Kyiv International Institute of Sociology, this telephone survey recorded the views of 2,516 Ukrainians from Nov. 14-22, 2023. Four findings stand out:

1. Costs in lives and mental health are high

Since the outset of the war, the National Democratic Institute has asked Ukrainians if they have experienced the loss of family and friends from the war. In May 2022, one-fifth of respondents indicated that they had. In November 2023, almost half said they had lost loved ones, with higher rates among middle-aged and young respondents.

The mental health costs to Ukrainians of war are considerable. Many are forced to flee to shelters at all hours. Almost three-quarters of women and half of male respondents report a deterioration of their mental health, according to the latest poll.

Lack of sleep is the single largest reported health cost of the war. But lost income, deteriorating physical health and family separation are also commonly reported.

Any post-war Ukraine will be a society where significant parts of the population are living with physical and mental disabilities. Human rehabilitation needs are already considerable and will grow.

2. More Ukrainians are willing to negotiate

Since the war began, the National Democratic Institute survey has asked if Ukraine should engage in negotiations with Russia to try to achieve peace.

A majority (59%) said yes just a few months into the war in May 2022. But, by August 2022, in the wake of accumulating Russian assaults and alleged war crimes, sentiment had flipped with a majority against. By January 2023, the share of those in favor had dropped 30 points to a low of just 29%.

Since then, this percentage has climbed upward. In November 2023, it rebounded to 42%.

As it stands, the majority of Ukrainians are opposed to seeking negotiations with Russia. Talks, in any case, are not on the agenda. In the current war climate, there appears little prospect of negotiations with Vladimir Putin’s Russia at a time when it is deepening the militarization of the state, economy and society.

Academic research, largely based on the U.S. experience since World War II, suggests that as casualties increase, public support for war declines.

Wars of defense against an invasion appear to be different, with greater public tolerance of loss because the conflict is perceived as necessary and just.

But as Ukraine drives to recruit 450,000 to 500,000 new soldiers to replace its fallen and wounded, this proposition will be significantly tested.

3. Resistance to land concessions continue

From the outset of the war, Ukrainians have been surveyed to elicit what they would accept as the price of peace. The question is difficult for Ukrainians who rightly feel victimized.

Research by the Kyiv International Institute of Sociology since the outset of the war reveals overwhelming sentiment among Ukrainians against territorial concessions for immediate peace.

My own research with social psychologist Karina Korostelina in front-line southeastern Ukrainian cities revealed the overwhelming belief that Ukraine’s territorial integrity is sacred.

But so too, of course, is human life. Ukrainians are understandably divided over what should be prioritized: preserving territory or preserving lives.

Wartime experiences also matter. Earlier research suggested that those most affected by the war through displacement and most concerned about their immediate security are more likely to prioritize a cease-fire.

Russia occupies approximately 18% of Ukraine today, a figure composed of territories it controlled before February 2022 (Crimea and the Donbas) and territories it subsequently seized and retained. Some, but not much, territory has shifted hands this last year.

To most Ukrainians, it is unacceptable to hold only the territory it currently controls as the price for peace – 71% strongly reject this, another 13% less strongly in the survey.

Only 12% see peace based on current territorial control as acceptable.

Meanwhile, a majority declare it is fully unacceptable to return to the pre-2022 borders. Slim majorities also say it is unacceptable that Ukraine renounces its aspirations to join NATO and the European Union as the price of peace.

These attitudes restrain Ukraine’s leadership, as U.S. officials signal that they do not foresee Ukraine retaking lost territory in 2024. Right now, it is safer politically to fight than confront an ugly peace.

4. Ukrainians expect a long war but remain optimistic

Ukrainians do not think the conflict will end any time soon, with 43% saying that war will go on for an additional 12 months, at least. A third responded that they simply do not know when the conflict will end.

In May 2022, just a few months into the conflict, 1 in 4 Ukrainians thought the war would end within three months. In November 2023, only 3% had that expectation.

War, paradoxically, generated a surge of optimism about Ukraine’s future as Ukrainians processed suffering into hope. That sentiment remained high in November 2023, with 77% of respondents saying they were optimistic about the country’s future, though fewer Ukrainians said that they were “very optimistic.” Data on this important metric in 2024 will be revealing.

The desire to resist

Ukraine war fatigue is growing among the country’s Western backers. But no group is more tired of this war than Ukrainians. The costs being paid by ordinary Ukrainians are enormous in terms of lives lost, settlements destroyed, environments poisoned and futures compromised.

And these costs come across in public opinion surveys. But so too does an enduring desire to have their war resistance mean something, to have it affirm Ukraine’s independence and territorial integrity.

The Conversation

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Another Note on UNRWA

Here is a brief postscript to yesterday’s post about UNRWA. As I noted, Israel shared a dossier of intelligence which purported to show that roughly a dozen UNRWA employees were not only affiliated with Hamas and Palestinian Islamic Jihad but directly participated in the death squad massacres in southern Israel on October 7th. The intelligence appears to have been detailed, precise and basically incontrovertible, as judged both by journalists who have reviewed portions of the dossier and the response of various government funders. A growing list of governments, beginning with the U.S. but now including France, Germany, the United Kingdom, Japan and others, have suspended funding in response. As far as I can tell no one connected to UNRWA has disputed the claims about the specific staffers and they’ve all been fired.

But there’s something that doesn’t quite seem to fit about the response. It seems at least a bit more than you’d expect.

Continue reading “Another Note on UNRWA”

A Month Of Flooding in Southern California

Since December, Southern California has been dealing with flooding caused by storms churning up the Pacific Ocean and periods of extreme rainfall. Residents of this region are not typically subject to such conditions but, with global warming affecting weather patterns, it is becoming a more common occurrence. From Ventura County to San Diego, coastal cities are getting hit hard this winter.

Greg Abbott’s Performative Border Clash Is A Classic MAGA Era Stunt

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

When Is A Stunt Substantive?

For almost a year now, I’ve been struggling with how to cover Texas Gov. Greg Abbott’s performative border clash in a way that reflects that it’s fundamentally a political stunt while also warning of how extreme the premise of the stunt is. It’s a tricky balance that is a hallmark of the Trump era we find ourselves in.

No one really believes that individual states have or should have authority to police the international borders of the United States. No one really believes that the U.S. is under invasion by unarmed migrants crossing the southern border for desperate economic reasons. No one really believes that Abbott is acting in good faith to address an intractable policy problem with a well-designed, carefully calibrated, workable solution.

In the old days, the fact that no one really believes this is anything other than a political stunt would probably have been enough either not to cover it or to cover it solely as a stunt. And there’s plenty to cover as a political stunt, including: It aligns with Trump’s campaign efforts to demonize and vilify migrants; it syncs up with the House GOP’s effort to make the border central to the 2024 election; it gives Republicans a vehicle to highlight the so-called border crisis and attack President Biden for it; and it inoculates elected Republicans in Texas from criticism for the border crisis.

The tell that the right wing doesn’t really care about the border except as a political cudgel is how there is virtually no criticism of Texas elected officials for the border crisis they insist exists or blowback for the small-bore, penny-ante solutions they’ve come up with, like stringing barbed wire across sections of the Rio Grande. It’s the same dynamic that insulated President Trump from criticism for failing to build the wall let alone shut down the border entirely – and lets him campaign for Trump II while unironically continuing to promise to build the fabled wall.

But this isn’t the old days. Abbott has a legislature going along with his plans. The 5th Circuit Court of Appeals, which includes Texas, is the most conservative in the country and gives Abbott not just cover but vindication, and there’s a conservative supermajority on the Supreme Court that just might be willing to rewrite federal immigration law, dramatically alter the balance of power between the states and the federal government, or engage in some other mischief.

And so the challenge of covering it is how to treat it like a stunt, while noting the substantive risks, even if remote, and at the same time not unduly alarm the public in the exact same way that the stunt is intended to do. I’m not complaining. There are much harder jobs than this one. But it’s these kinds of performative threats – and their symbolic and real power – that mark the Trump era and generate often subpar coverage of what’s really happening.

A sampling of Josh Kovensky’s early coverage shows how we balanced it before it became a national story:

March 24, 2023: Texas Legislators Propose Takeover Of Federal Immigration Enforcement

April 13, 2023: Texas Bill Would Make Federal Law ‘Inoperative’ In The State To ‘Repel’ Migrants

April 16, 2023: ‘Invasion’: Texas GOP Struggles Over What Crisis To Manufacture At Border

April 19, 2022: Abbott: If Mexico Sends One More Immigrant, I’ll Take The Border Hostage Again

May 16, 2023: Texas Moves One Step Closer To Asking SCOTUS To Rewrite National Immigration Law

July 24, 2023: Abbott: We Need Rio Grande Buoys To Protect From Invasion

Must Read

University of Texas law professor Steve Vladeck goes deep on the legal underpinnings to the Abbott’s stunt: Governor Abbott’s Perilous Effort at Constitutional Realignment.

More From Vladeck:

Not Unrelated To Texas

The House Homeland Security Committee is expected to approve baseless and evidence-free articles of impeachment today against DHS Secretary Alejandro Mayorkas on the bogus grounds that he hasn’t sufficiently secured the southern border.

Lankford Gets The MAGA Treatment

The Oklahoma GOP is very upset that Sen. James Lankford (R-OK) is negotiating a border bill.

Fascism Spares No One

Aaron Blake: Republicans now say it might be okay to ignore the Supreme Court

Scoop

CNN:

In the wake of the 2020 election, the president of the far-right network One America News sent a potentially explosive email to former Trump campaign lawyer Sidney Powell, with a spreadsheet claiming to contain passwords of employees from the voting technology company Smartmatic, according to court filings.

The existence of the spreadsheet was recently disclosed by Smartmatic, which is suing OAN for defamation. CNN pieced together who was involved in the email exchanges by examining court records from three separate cases stemming from the 2020 election.

Lawyers from Smartmatic told a federal judge that the email, and the attached spreadsheet, suggest OAN executives “may have engaged in criminal activities” because they “appear to have violated state and federal laws regarding data privacy.”

Victory Tour

E. Jean Carroll made the rounds on TV yesterday, basking in her $83 million judgment against Donald Trump:

The WaPo takes a stab at answering the question many of you have asked: Will Carroll ever actually collect from Trump?

Hate To See It

The Daily Beast: Trumps Throw Tantrum Over Court Monitor’s Financial Bombshell

Busted

Former IRS contractor sentenced to five years in prison for leaking Trump tax records to NYT.

Abortion Under Trump II

Former TPMer Alice Ollstein on the plans anti-abortion groups are devising for a Trump II presidency:

In emerging plans that involve everything from the EPA to the Federal Trade Commission to the Postal Service, nearly 100 anti-abortion and conservative groups are mapping out ways the next president can use the sprawling federal bureaucracy to curb abortion access.

Many of the policies they advocate are ones Trump implemented in his first term and President Joe Biden rescinded — rules that would have a far greater impact in a post-Roe landscape. Other items on the wish list are new, ranging from efforts to undo state and federal programs promoting access to abortion to a de facto national ban. But all have one thing in common: They don’t require congressional approval.

Worth Noting …

Pennsylvania Supreme Court takes a step toward finding a right to abortion in the state constitution.

Mystery Solved … Kinda?

This announcement on the House floor yesterday spawned a lot of speculation:

Later in the day, reports emerged that the Justice Department is investigating a not-yet-named-publicly House Democrat for alleged misuse of government funds for personal security.

Illinois Considers Trump DQ Clause Case

The Illinois Board of Elections is scheduled this morning to consider a Disqualification Clause case against Donald Trump.

2024 Ephemera

Are We Entering The Pyrocene?

The New Yorker’s Elizabeth Kolbert reviews three new books on climate-change-driven wildfires.

ANKARA, TURKIYE – DECEMBER 20: An infographic titled “World witnesses massive wildfires in 2023” created in Ankara, Turkiye on December 20, 2023. While causing the deaths and injuries of hundreds of people worldwide, particularly in Canada, the United States, and Greece, forest fires in 2023 led to extensive destruction, loss of forestland areas, and increased carbon emissions. (Photo by Yasin Demirci/Anadolu via Getty Images)

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