Ex-DC Chief Judge Warns Of Creeping Authoritarianism

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Big Liars And The Big Lies They Tell

No judge has had a better global view of the Trump prosecutions than U.S. District Judge Beryl Howell, who as chief judge in DC until earlier this year oversaw the grand juries investigating Trump’s election subversion efforts and his unlawful retention of classified documents at Mar-a-Lago.

It was Howell who made key rulings during the Jan. 6 grand jury proceedings on executive privilege, the crime-fraud exception to attorney-client privilege, and other investigative issues. As chief judge, she also had administrative responsibilities for the district court’s heavy case load of Jan. 6 rioter cases.

So when Howell warns of creeping authoritarianism in the United States, it’s worth taking notice.

Speaking last night at a lawyers event in DC, Howell quoted from Boston College historian Heather Cox Richardson’s new book, including:

  • “Big lies are springboards for authoritarians.”
  • The U.S. “is at a crossroads teetering on the brink of authoritarianism.”

Howell’s comments were reported by Politico’s Josh Gerstein:

“We are having a very surprising and downright troubling moment in this country when the very importance of facts is dismissed, or ignored,” Howell told the annual gala of the Women’s White Collar Defense Association at a downtown hotel. “That’s very risky business for all of us in our democracy. … The facts matter.”

Howell did not mention Trump by name but noted that the DC judges “regularly see the impact of big lies at the sentencing of hundreds, hundreds of individuals who have been convicted for offense conduct on Jan. 6, 2021.”

Convict-In-Chief?

TPM’s Josh Kovensky takes a closer look at some of the mechanisms available to Trump to make his prosecutions/convictions go away if he is elected president again.

Trump’s Shiny New Absurd Defense

Turning the last eight years on its head, Donald Trump now wants to use the intelligence community’s assessment of Russian interference in U.S. elections to demonstrate that it was not he who sowed public distrust.

That’s right. Trump wants to use the intelligence community that he abhorred and their assessments that he roundly and publicly rejected as fodder for his own criminal defense.

More On The New Mike Pence Reveals

Aaron Blake: The plot thickens on a Mike Pence Jan. 6 recusal

Rupert Murdoch Deposed In Smartmatic Case

The chairman emeritus of Fox Corp. and News Corp. is being deposed yesterday and today in Los Angeles in Smartmatic’s $2.7 billion defamation lawsuit against Fox News, Reuters reports.

No Plea Deals For Trump, Rudy, Or Meadows

Atlanta District Attorney Fani Willis has her eye on three big fish to whom plea deals will not be offered: Donald Trump, Rudy Giuliani, and Mark Meadows, according to The Guardian:

The previously unreported decision has not been communicated formally and could still change, for instance, if prosecutors shift strategy. But it signals who prosecutors consider their main targets, and how they want to wield the power of Georgia’s racketeering statute to their advantage.

Hunter Biden Calls House GOP Bluff

The absurdity of the House GOP’s Trump-inspired Hunter Biden witch hunt came into even sharper focus Tuesday. Going on the offensive, Biden demanded a public hearing rather than a closed-door deposition with the House Oversight Committee. That sent Oversight Chair James Comer (R-KY) into paroxysms of backpedaling. Painful to watch:

If that wasn’t good enough, here’s Comer pretending it’s all public anyway (which could make it harder to negotiate future “private” sit-downs with the committee since they’re not really private):

Fox Tap Dances

The good folks at Fox News howled in protest at Hunter Biden wanting to make the witch hunt against him public:

Dems Dance

House Democrats had fun with all the fodder provided by their GOP colleagues:

We Will Still Have Santos To Kick Around

A Grievous Injustice

The three college students (Brown, Trinity (CT), and Haverford) of Palestinian descent who were shot over the weekend in Burlington, Vermont, continue to recover from their injuries. The most seriously wounded, Hisham Awartani, suffered spinal cord damage and has a long and uncertain road to recovery ahead.

The three young men were in Burlington visiting Awartani’s grandmother for Thanksgiving. Chris Hayes aired a long, compelling interview last night with Awartani’s uncle, who also lives in Burlington:

U.S. Water Utilities Hacked

Politico: “The federal government is investigating multiple hacks suspected to have been launched by an Iranian government-linked cyber group against U.S. water facilities that were using Israeli-made technology, according to two individuals familiar with the probes.”

New Charges Expected In India Assassination Plot In US

WaPo: “The discovery of a plot to assassinate a Sikh separatist on U.S. soil earlier this year so concerned the Biden administration that it dispatched its top two intelligence officials to New Delhi to demand the Indian government investigate and hold to account those responsible, senior administration officials said.”

Pope Evicts U.S. Cardinal From Vatican Apartment

Pope Francis has reportedly taken more drastic actions against the defiant retired American Cardinal Raymond Burke, a doctrinal conservative who is an outspoken critic of the pontiff, evicting him from his Vatican apartment and stripping him of his salary.

The Most Important Statistic Of All

New life expectancy data from the CDC shows the U.S. continues to lag other wealthy nations after taking a harder hit from COVID and bouncing back more slowly.

LOLOL

Former Rep. Liz Cheney’s new book includes her account of this bonkers exchange with Rep. Kevin McCarthy (R-CA) on his post-Jan. 6 pilgrimage to Mar-a-Lago:

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Another Data Point On How Unserious House Republicans’ Hunter Biden ‘Investigation’ Is

House Oversight Committee Ranking Member Jamie Raskin (D-MD) said what the rest of us (TPM) have been thinking (screaming) for months Tuesday in response to House Republicans’ rejection of Hunter Biden’s offer to publicly testify before the panel.

Continue reading “Another Data Point On How Unserious House Republicans’ Hunter Biden ‘Investigation’ Is”

Moment More of Israel Obsessiveness

I had a clarifying moment this early afternoon sharing notes with TPM Reader MH via email. This was about the situation in Israel/Palestine but more particularly how it is impacting both people’s views and politics in the United States. What I think has happened is that the events, which began with the Hamas massacres in southern Israel on October 7th and has continued with Israel’s merciless retaliation, has pushed the discussion among not just Democrats but everyone to the left of the 50 yard line of American politics from “should Israeli policy be different” to “should Israel exist.”

The first is fairly unifying. The second is profoundly divisive and, for a non-trivial chunk of the Democratic coalition, existential.

Continue reading “Moment More of Israel Obsessiveness”

Haley In Unstoppable Drive Toward Second Place

We’re back to another of those comical developments in the Republican Party and it’s relationship with its leader, Donald Trump. This morning the Koch Network announced it is supporting Nikki Haley, former South Carolina Governor and the latest forlorn hope of the billionaires who fund the GOP. She joins the heap of broken political bodies like Ron DeSantis, Glenn Youngkin and others. It raises the question: Does this completely not matter or mostly not matter? It may surprise you to learn that I’m only at “mostly doesn’t matter.” There may actually be some limited significance.

When I first started writing this post I decided to double check the latest polls. Haley is in the midst of a meteoric rise in pundit and GOP elite esteem. Lots of observers point either to polls or other evidence suggesting that if only Haley could win the nomination she’d be a lock to beat President Biden. (I actually doubt that’s true. But that’s a different story.) Candidly, I was surprised by just how much Trump is now crushing the entire GOP field. Trump is no longer sitting at about 50% or so in a big field, what by really any measure is more than enough to make him nominee. He’s now consistently 10% or 15% higher. He’s no longer at 50% support. He’s now usually 50% or more ahead of the second place vote getter.

What Haley is now accomplishing is being on the verge of surpassing the crumpled carcass of Gov. Ron DeSantis. Enough to win the small trinket, not the full stuffed animal at the fair.

Continue reading “Haley In Unstoppable Drive Toward Second Place”

Mike Pence Tells Jack Smith All About Donald Trump And Jan. 6

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

Do Tell …

ABC News continues to come through with consistently revelatory reporting about the prosecution of Donald Trump for the 2020 election subversion scheme. In a new report this morning, Katherine Faulders et al. describe what former Vice President Mike Pence has told Special Counsel Jack Smith.

Relying on anonymous sources, the ABC News team paints a picture of detailed questioning of Pence by investigators and a more granular (but not inconsistent) account of what Pence has already said publicly. The sources almost surely come from Pence’s circle, as the report goes so far as to use quotations purportedly from Pence.

According to the ABC News report, Pence told investigators that:

  • Trump surrounded himself with “crank” attorneys, espoused “un-American” legal theories, and almost pushed the country toward a “constitutional crisis.”
  • Pence briefly considered not showing up for the Jan. 6 certification by Congress of the Electoral College vote.
  • Trump privately asked Pence for his advice, and Pence told him that if nothing changed, “[you] should simply accept the results,” “you should take a bow,” travel the country to thank supporters, “and then run again if you want.”
  • After Trump re-tweeted a memo titled ‘Operation PENCE CARD,’ Pence turned to his wife and said, “Here we go.”
  • Trump “acted recklessly” as the Capitol was under siege, but Pence will “never believe” Trump meant for Jan. 6 to become violent.

Chutkan Blocks Trump Fishing Expedition

The judge in the Jan. 6 case denied a Trump request to issue pre-trial subpoenas to various government entities, officials, and members of Congress.

Time Is Of The Essence

Randall Eliason: Why Judges in the Trump Jan. 6 Trial Need a Rocket Docket

John Eastman Pushes For Quick Georgia RICO Trial

A new wrinkle in the Georgia RICO case where John Eastman seems to be asking the judge to try Donald Trump separately from everyone else after the election and to hold two separate trials of the remaining defendants in 2024.

Never Forget

Philip Bump on the renewed effort to rewrite the history of Jan. 6.

Good Reminder

Politico: Bid to hold Trump accountable for Jan. 6 violence stalls at appeals court

The Ongoing Assault On Voting Rights

E.J. Dionne:

We are paying far less attention to the long-term deterioration of the right to vote, the essential building block of a democratic republic. It’s easier to overlook because chipping away at access to the ballot has been a subtle, decade-long process. 

Bob Menendez Watch

WaPo exclusive: Businessman accused of bribing Sen. Menendez had deep ties to Egypt

Hate Crime?

The Justice Department is investigating whether the shooting in Vermont of three students of Palestinian descent was a hate crime. The man arrested in the shooting pleaded not guilty Monday.

Musk In Israel

Notorious purveyor of anti-Semitism uses Bibi Netanyahu to launder his anti-Semitism:

KFAR AZA, ISRAEL – NOVEMBER 27: (—-EDITORIAL USE ONLY – MANDATORY CREDIT – ‘ISRAELI GOVERNMENT PRESS OFFICE (GPO) / HANDOUT’ – NO MARKETING NO ADVERTISING CAMPAIGNS – DISTRIBUTED AS A SERVICE TO CLIENTS—-) American billionaire Elon Musk (L) and Israeli delegation, including Prime Minister Benjamin Netanyahu (C), visit the Kfar Aza settlements in southern Israel, one of the locations targeted by Hamas on Oct. 7, in Kfar Aza, Israel on November 2023. Israeli officials briefed Musk on the events in the town, which was attacked by the members of the Izeddin al-Qassam Brigades, the military wing of Hamas. (Photo by Government Press Office of Israel/Anadolu via Getty Images)

So Much For Small Gov’t And Local Control

WaPo: Antagonisms flare as red states try to dictate how blue cities are run

Great Read

New Yorker: When Your Own Book Gets Caught Up in the Censorship Wars

Pennies On The Dollar But Not Nothing

The Sandy Hook families have offered to settle their nearly $1.5 billion legal judgments against Alex Jones for $85 million, payable over 10 years, plus 50 percent of any income over $9 million per year.

Catching Up On Geert Wilders Big Win

The holiday threw me off my game, so I’m late to catching you up on the big win for right-winger Geert Wilders in the Dutch parliamentary elections:

  • NYT: How Geert Wilders Won
  • WaPo: Europe’s far right goes mainstream

Rosalynn Carter To Be Honored

The casket of former first lady Rosalynn Carter is moved into place for a repose service in the lobby of the Jimmy Carter Presidential Library and Museum in Atlantaon November 27, 2023. (Photo by Brynn Anderson / POOL / AFP) (Photo by BRYNN ANDERSON/POOL/AFP via Getty Images)

Every living first lady will join former President Jimmy Carter in paying respects to the late Rosalynn Carter today in Atlanta.

Colbert Recovering From Ruptured Appendix

The late night host cancelled this week’s shows after undergoing surgery for a ruptured appendix.

Yesterday Was Hard

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Johnson Avoids Specifics On Santos For As Long As Humanly Possible

With his speakership honeymoon fading fast, House Speaker Mike Johnson (R-LA) is facing the reality of his uber thin majority as he navigates how to pass foreign aid to Ukraine and Israel before the holiday break and the bigger, two-tiered shutdown threat he created heading into the new year. His apprehension about ousting one of his own is tangible — especially someone like Rep. George Santos (R-NY).

Continue reading “Johnson Avoids Specifics On Santos For As Long As Humanly Possible”

Idaho Asks Supreme Court To Let It Fully Impose Punitive Abortion Ban During Appeal

Idaho asked the Supreme Court Monday to stay a lower court injunction, or to take up its case directly, as it attempts to fend off the Biden administration’s challenge of the state’s abortion ban. 

Continue reading “Idaho Asks Supreme Court To Let It Fully Impose Punitive Abortion Ban During Appeal”

History and Enthusiasm

November 13th marked our 23rd anniversary at TPM. During these past 23 years I’ve managed to write as much as I have because I kept to a simple approach, which was following whatever aspect of US politics and political culture interested me most. This worked because it combined the exertion and mental energy most put toward ‘work’ with the off-hours hobbies, life, downtime and, if possible, fun we do outside of work. One might also call this obsession. But it worked in terms of productivity, focus and drive. Indeed, for those who enjoy the Editors’ Blog one of the things that makes it compelling is following the idiosyncrasies of my interests and particular storylines I latch on to. Or, so many are saying …

But over the last couple months that pattern has shifted for me in that my mind has been heavily preoccupied by something that isn’t US politics. The Israel-Hamas war has a clear bearing on US politics. Some people think it could turn the 2024 presidential election, though I suspect its salience will decrease dramatically over the coming months, as most big news stories do. At the moment it’s the dominant national news story in the US and has been for weeks. But it’s not really a US story. More importantly my interest in it goes far beyond its bearings on US politics. So I’ve been aware that my focus has shifted from things at the heart of US politics toward subject matter that is, in many ways parochial, communal and personal. And that’s not what TPM is about, at least not in its current iteration.

And it’s not like we’re in a slow period in American politics. But there we are.

Continue reading “History and Enthusiasm”