I had been told by some that the appointment of Special Prosecutor Jack Smith was a problem since there would be a lengthy period of his coming up to speed on the case, hiring staff, perhaps even revisiting earlier parts of the investigation. Seems that was not the case. In fairness, I think Attorney General Garland was clear on this point. Smith was brought in to oversee the case, make the tough calls on decisions to prosecute. In other words, take over Garland’s role. Nothing Garland said gave any indication that anything in the investigation would pause, re-cover old ground or slow down to bring on new staff. It now seems clear Smith hit the ground running.
We’re On Our Own
I included yesterday’s post “Hang It Around Their Necks” as the main post in yesterday’s edition of The Dispatch newsletter. And I got a note back from TPM Reader NM. I’m not sure whether this is a case of my disagreeing with NM or not writing the post itself with sufficient clarity. I wanted to share NM‘s note and my response because I think it gets at something key about the current moment.
From NM …
Continue reading “We’re On Our Own”A Judge In Texas Is Using A Recent Supreme Court Ruling To Say Domestic Abusers Can Keep Their Guns
This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.
For a large part of the history of the United States, domestic abuse was tolerated under the nation’s legal system. There were few laws criminalizing domestic violence, and enforcement of the existing laws was rare.
It was only in the past few decades that laws criminalizing domestic violence came to be widespread and enforced. But now, the U.S. is in danger of backtracking on that legal framework precisely because of the nation’s historical legacy of turning a blind eye to domestic violence.
On Nov. 10, 2022, a judge in the Western District of Texas struck down the federal law that prohibits access to guns for people subject to domestic violence protection orders. He did this based on a 2022 U.S. Supreme Court ruling, NYSRPA v. Bruen, which held that, to be constitutional, a firearm restriction must be analogous to laws that were in existence when the country was founded. In other words, disarming domestic abusers violates the Second Amendment because those types of laws didn’t exist at the founding of the country.
The ruling has since been appealed to the 5th Circuit Court. The outcome of the appeal is far is from certain.
We study the link between gun laws and domestic violence in the U.S. and know that backtracking on laws that prevent the perpetrators of domestic violence from getting their hands on guns will put lives at risk – the research has proved this time and time again.
Putting lives in danger
At present, federal law prohibits persons subject to final – rather than temporary – domestic violence protection orders from purchasing or possessing firearms. In addition, 39 states and the District of Columbia have similar prohibitions on their statutes, with many expanding the restrictions to include individuals under temporary, or ex parte, orders prior to a full hearing.
Ruling that these laws are unconstitutional will put mainly women and children in danger. More than 50% of women who are murdered are killed by intimate partners, and most of those homicides are committed with guns. A 2003 study found that when an abusive man has access to a gun, it increases the risk of intimate partner homicide by 400%.
Women constitute the majority of victims of intimate partner homicide, and almost one-third of children under the age of 13 who are murdered with a gun are killed in the context of domestic violence.
Moreover, 68% of mass shooters have a history of domestic violence or killed an intimate partner in the mass shooting.
Enforcement of gun restrictions is spotty, with further research needed as to how systematically they are ordered and whether restricted individuals relinquish firearms they already possess. Nonetheless, research shows that firearm restrictions on domestic violence protection orders save lives. Multiple studies conclude that these laws are associated with an 8%-10% reduction in intimate partner homicide.
Specifically, there are statistically significant reductions in intimate partner homicide when the firearm restriction covers both dating partners and those subjected to temporary orders. This decrease is seen in total intimate partner homicide, not just intimate partner homicide committed with guns, nullifying the argument that abusers will use other weapons to kill.
Moreover, these laws have broad support across the country – more than 80% of respondents to two national polls in 2017 and 2019 said they favor them.
Americans – whether male or female, gun owner or non-gun owner – tend to agree that domestic abusers should not be able to purchase or possess firearms while they are subject to a domestic violence protection order. Most seem to realize that such reasonable restrictions serve the greater good of keeping families and communities safe.
A disregard for data
The ruling in Texas was based on an originalist legal argument rather than the data. Under the judge’s interpretation of the Bruen decision, because colonial law – written before a time when women could vote, let alone be protected in law from violent spouses – didn’t restrict domestic abusers’ gun rights, then it simply isn’t constitutional to do so now. In effect, the ruling, should it stand, would mean the U.S. is unable to escape the nation’s historic legal disregard for domestic violence.
It also disregards the harm that allowing domestic abusers to keep hold of guns does. Multiple studies demonstrate that domestic violence firearm restriction laws are effective and save lives.
That research shows that, should the Texas ruling stand, people who suffer abuse at the hands of an intimate partner are at greater risk of that abuse being deadly.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
Alito ‘Jokes’ About Black Kids In KKK Robes
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
So Much Wrong Here
Oral arguments before the Supreme Court on Monday in a closely watched public accommodation case were, I think the legal term is, a “shitshow.”
Dahlia Lithwick has the best rundown on all the egregious ways in which the shifting tone of the court played out in a case about whether a Colorado website developer could hypothetically refuse to sell her product to same-sex couples:
[T]he secret sauce here is to make the actual names and actual faces and actual suffering of the parties in any case about competing rights as small as possible, because then it is easier to rule against them and act like the consequences will be minimal.
Justice Samuel Alito – thin-skinned, mean-spirited, and graceless – was outdone by Justice Elena Kagan and reacted with a wtf moment:
As if that weren’t enough, Alito aimed his misguided “humor” at Kagan twice:
Alito Reactions
Georgia Senate Runoff Is Today
Moore County Remains Without Power
As of Monday afternoon, tens of thousands of residents of Moore County remained without power following a weekend attack on electrical power substations.
Former GOP Congressman Arrested
A blast from the TPM past: Former Rep. David Rivera (R-FL) was arrested Monday at the Atlanta airport on charges of money laundering and representing a foreign government without registering. Rivera signed a controversy-ridden $50 million contract with Venezuela at the start of the Trump presidency.
Rivera served a single term in Congress from 2011-13 but generated a disproportionate number of ethics scandals.
The latest charges emerge from a federal grand jury probe in Miami:
The eight-count indictment alleges Rivera at the start of the Trump administration was part of a conspiracy to lobby on behalf of Venezuela to lower tensions with the U.S., resolve a legal dispute with a U.S. oil company and end U.S. sanctions against the South American nation — all without registering as a foreign agent.
Among the targets of Rivera’s allegedly illegal lobbying scheme on behalf of Venezuela (they were not named in the indictment but have emerged in separate lawsuits and news reports):
- Longtime friend and former housemate Sen. Marco Rubio (R-FL): “While none of the U.S. officials are named, evidence in a parallel lawsuit brought against Rivera show that while working for Venezuela the former congressman was in contact with Sen. Marco Rubio, a longtime friend who helped drive the Trump administration’s hardline policy against Maduro.”
- Rep. Pete Sessions (R-TX): “He also roped in Rep. Pete Sessions of Texas to try and set up a meeting for Venezuela’s foreign minister with executives from Exxon, which was headquartered in Sessions’ district at the time.”
- Kellyanne Conway: “As part of the charm offensive, he also looked to set up a possible flight and meeting on the jet of a pro-Maduro businessman for a female campaign adviser turned White House ‘counselor’ on June 27, 2017 — the same day Trump aide Kellyanne Conway was in Miami for a fundraising dinner with Miami Republicans.”
Manhattan DA May Really Be Back In The Trump Game
Amid signs that Manhattan DA Alvin Bragg has reversed course and has renewed interest in building a criminal case against former President Trump, former DOJ official Matthew Colangelo has joined Bragg’s office as “senior counsel.”
Colangelo previously oversaw the investigation that led to the dissolution of the Trump Foundation and helmed the New York attorney general’s civil investigation into the Trump Org before becoming a senior Justice Department official.
Trump PAC Paying For Lawyers For Key MAL Witnesses
The WaPo with the scoop: Trump’s Save America PAC has paid more than $120,000 to the Brand Woodward law firm. Stan Brand is representing Kash Patel and Walt Nauta.
MAL Judge Rules Against Trump
Playing against type, the federal judge in Florida who was just smacked down by an appeals court for ordering a special master to review the documents seized by the FBI at Mar-a-Lago ruled in favor of the Justice Department! It was on a minor schedule adjustment requested by DOJ while everyone waits to see if Trump appeals.
Rudy In the Wringer
Rudy Giuliani spent Monday trying to save his DC law license.
It’s Not Over
WHOA
Ukrainian drones struck military bases deep inside of Russia.
CO2 Emissions Are Back And Higher Than Ever
Beware The Flu
Latest flu stats:
Josh Marshall: “Flu Shots Drop Dramatically Among White Kids”
If You Know, You Know
Matt Gaetz: “It is really annoying when people confuse me with @MattGertz“
Awww, You Guys
Embarrassed author laments that only two people showed for her book signing, and fellow authors support her with outpouring of awkward book event horror stories.
Do you like Morning Memo? Let us know!
4 Things To Watch On Runoff Day In Georgia
Once again, we wait with bated breath for Georgia to decide the composition of a narrowly split Senate with its wintertime runoff election.
Continue reading “4 Things To Watch On Runoff Day In Georgia”The Golden Dukes Are Back
In 2020 we brought you the Duke of Dukes Golden Duke ceremony, a March Madness style winner-takes-all quest to answer the year’s most burning question: Who is the most brazen political buffoon of all time (errr… the last 20 years or so that TPM has been celebrating this kind of debauchery)???
We asked. You answered. Rudy Giuliani, in all of his rotten glory, was knighted the one Duke to rule them all.
To let old Rudes really marinate in his swamp of celebration, we took a year off from TPM’s annual fête-ing of the year’s scummiest trash holes and greatest grifters. But we’re back.
The midterm elections gifted us something we didn’t even know we were craving: a new cast of craven characters to revive our broken spirits, and a new standard by which to judge and luxuriate in their absurdity.
So without further ado, welcome to ✨Golden Dukes 2022✨ Clinking our glasses to craziness is what TPM does best.
Continue reading “The Golden Dukes Are Back”Manhattan DA’s Case Against Trump Heats Up After Stalling Out
The Manhattan district attorney’s office has hired a former senior Justice Department official to join the office’s criminal probe into former president Donald Trump.
The new hire is another sign that District Attorney Alvin Bragg is taking decisive action to kickstart the inquiry that had previously seemed stalled out. What exactly has prompted the rejuvenation of the DA’s investigation remains unclear.
Continue reading “Manhattan DA’s Case Against Trump Heats Up After Stalling Out”Flu Shots Drop Dramatically Among White Kids
We know that before the pandemic there were political fringes on the right and left which opposed vaccination. But the idea that politics would have anything to do with whether you got your flu shot would have seemed strange. Now, however, we’re seeing another concrete downstream effect of anti-vaccine activism on the right.
We’re now in the midst of a pretty bad flu season. That appears mostly due to the fact that the population has been relatively insulated from contagious respiratory diseases for going on three years. Our immune systems are out of practice. But it’s not only that. Vaccination rates are also down. New data show that vaccination rates among US children are down 4.8% compared to before the pandemic. But the details tell a more specific story. Vaccination rates among Black and Hispanic children are still slightly behind where they were pre-pandemic. Among white children however, the rates are down more than 7%.
Continue reading “Flu Shots Drop Dramatically Among White Kids”Giuliani Dissembles And Defends 2020 Plots As He Fights To Keep DC Law License
Trump attorney Rudy Giuliani spent much of Monday defending his efforts to reverse the result of the 2020 election before an attorneys disciplinary committee, flailing and muttering as he attempted to elide questions about his conduct.
Continue reading “Giuliani Dissembles And Defends 2020 Plots As He Fights To Keep DC Law License”Breaking
Former Miami Congressman David Rivera (R-FL) arrested on federal charges tied to a consulting contract with a Venezuelan oil company. The charges contained in the indictment are yet to be unsealed.