FTX Is A Bigger Mess Than You Could Possibly Imagine

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.

Dude Is Still Talking To The Press!

The new CEO of the bankrupt crypto-exchange FTX is in that position precisely because he has long experience guiding companies as they make their way through the bankruptcy process. His name is John J. Ray, and he served in a similar role after Enron’s implosion. So when he says this, you take notice:

Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here. From compromised systems integrity and faulty regulatory oversight abroad, to the concentration of control in the hands of a very small group of inexperienced, unsophisticated and potentially compromised individuals, this situation is unprecedented.

Perhaps the only thing more unbelievable than the utter lack of financial controls at FTX is that founder Sam Bankman-Fried is still talking to the press, as recently as Friday when he emailed the Wall Street Journal.

The Great Unraveling

America’s slow-motion civil war grinds on:

Colorado Springs: A 22-year-old man is the suspected gunman in a Saturday night shooting at a gay bar that left five dead and 25 injured.

New York City: Two men, ages 22 and 21, were arrested at Penn Station Saturday in connection with a probe into threats against the Jewish community. “Searches of the suspects, their belongings, and a residence turned up a Glock semiautomatic handgun, a large hunting knife, and a swastika armband,” two senior law enforcement sources told NBC News.

North Carolina: A 42-year-old man was arrested for threatening to kill a FBI agent and vowing to execute members of a fact-checking organization if they didn’t leave MAGA World alone.

Meanwhile, the Texas legislature is preparing an all-out war on trans people’s existence.

Behind Closed Doors Isn’t Good Enough

Dan Savage with a deeply moving response to the Colorado Springs gay bar shooting.

Undisguised Payback Time

GOP leader Kevin McCarthy is vowing to strip committee assignments from Democratic Reps. Adam Schiff (CA), Eric Swalwell (CA), and Ilhan Omar (MN).

Republicans promised payback after House Democrats stripped Rep. Marjorie Taylor Greene (R-GA) of her committee assignments at the beginning of the current Congress. The move is also inextricably bound up with McCarthy’s current wooing of Greene to secure the speakership. Fun times.

Supreme Court Bombshell

The NYT blew things up Saturday with its exhaustive report outlining (i) a long-running stealth lobbying campaign of Supreme Court justices by abortion foes; and relatedly (ii) all but pointed the finger at Justice Samuel Alito for allegedly revealing to abortion foes in advance the ruling in the majority decision he authored in the 2014 Hobby Lobby case.

The Times report comes as Chief Justice John Roberts continues to oversee an opaque internal investigation into the leak earlier this year of a draft of Alito’s majority opinion in the Dobbs case.

Two leading Democrats sent a letter Sunday to Roberts demanding answers about the new revelations and continuing to press their case for the Supreme Court to be bound by ethics guidelines.

OneLove Is Too Much For FIFA

Seven European national teams are bending to pressure from FIFA and won’t wear rainbow armbands for LGBTQ rights during the World Cup. Organizers were threatening violators with on-the-field penalties if they wore the OneLove armbands.

Kanye. Elon. Trump.

Twitter impresario Elon Musk reinstated Ye and invited Trump back, and that’s really all you need to know about the weekend’s Twitter drama.

The GOP minority on the House Judiciary Committee, ahem, saw this coming last month.

Coming Up This Week

With the Thanksgiving holiday, it’s a short week, but there’s a lot going on:

Monday, Nov. 21: Closing arguments wrap up in the seditious conspiracy trial of the Oath Keepers. The jury should begin deliberations this week.

Tuesday, Nov. 22:

~ The Mar-a-Lago documents case goes to the 11th Circuit Court of Appeals for oral arguments. The Justice Department is asking the appeals court to stop the special master review of the documents seized by the FBI and let it resume its investigation unfettered by premature interference by U.S. District Judge Aileen Cannon.

~ Sen. Lindsey Graham (R-SC) and Mike Flynn are finally set to testify in the Georgia state grand jury investigation of 2020 election meddling.

Coda

Therano founder Elizabeth Holmes sentenced to 11 years in prison.

In Case You Missed It

Explosive residue confirms Nord Stream sabotage.

Ugh

The Biden administration has endorsed a theory of legal immunity for MBS that he is using to shield himself from a lawsuit by the fiancée of slain Washington Post columnist Jamal Khashoggi and by the rights group Khashoggi founded.

Who Cares What Bill Barr Says?

If you’re intrigued by Bill Barr’s long-running psychodrama over Trump, I’m sorry I can’t help you.

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Weekend Miscellany

Oliver Sacks on the dehumanizing effects of iPhones and internet culture, published in The New Yorker in 2019, four years after his death.

Maricopa County Chairman Bill Gates, a Republican, moved to an undisclosed location with a sheriff’s protective detail in response to threats tied to the 2022 midterm. Maricopa County is governed by a five-member board of supervisors. As chairman, Gates is the chief executive authority in the county. Gates has been an outspoken defender of the integrity of the county’s voting system.

Newly elected Arizona Republican state representative announces she will not vote in the state house until the 2022 election is redone. Rep. Liz Harris’s decision would reduce the GOP’s effective majority to a margin of 30 to 29.

Annals of AI

This article on “Galactica,” a Meta (i.e., Facebook) AI engine that was supposed to organize and synthesize 48 million scientific papers, is a new addition to a growing list of such reports which make me think that both the transformative and dystopic versions of the AI future are further in the distance than we are often led to believe.

5 Dead at LGBTQ Nightclub in Colorado Springs

Five died and eighteen were wounded overnight in a mass shooting at a LGBTQ nightclub in Colorado Springs. Initial reports suggest that the gunman was initially subdued by club attendees rather than police, perhaps reducing the death toll. We should treat all the initial reports as tentative. The shooter was apparently also injured and is in custody receiving medical treatment. (In the summer of 2021 the alleged shooter threatened violence against his mother with “a homemade bomb, multiple weapons, and ammunition.” A SWAT team negotiations unit was able to get Anderson Lee Aldrich to come out of the home voluntarily and he was taken into custody.)

Let’s Not Whine About Trump Being on Twitter

I see we’re back to the question of whether Donald Trump should be allowed back on Twitter, whether Elon Musk will allow him back, what it will mean? All I can add to this debate is that getting hung up on this question is undignified and unwise. Put simply, it makes the supporters of civic democracy and Americanism sound weak, helpless, lacking the courage of their convictions and beliefs, afraid. (As I was writing this post, I heard that Elon Musk had announced he was reinstating Trump on the platform.) Much of this stems from the really wrongheaded idea that Trump leapfrogged to the commanding heights of American politics in 2015 because he got so much TV coverage or because people engaged with his tweets on Twitter. That was never true. All sorts of bad conclusions flow from that misapprehension.

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Garland Appointing Jack Smith is Just Fine

Many of you are asking me what I make of Merrick Garland’s decision to appoint Jack Smith to serve as a special prosecutor to oversee the investigation into Jan 6th (he won’t take over current cases) and the Mar-a-Lago investigation. I think it’s fine. I strongly suspect, though here I’m talking more hunch, that it’s also bad news for Donald Trump and probably various associates.

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AG Merrick Garland Appoints Jack Smith As Special Counsel For Trump Probes

Attorney General Merrick Garland has appointed Jack Smith to serve as special counsel to handle the various federal criminal investigations involving former President Donald Trump.

The attorney general made a formal announcement Friday afternoon, three days after Trump announced he will run for president in 2024.

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Jack Smith Named As Trump Special Counsel

Update: Merrick Garland named Jack Smith, pictured above, as special counsel. More soon.

Original post:

The big news of the day: We could get an announcement as early as this afternoon from Attorney General Merrick Garland that he is naming a special counsel to handle the various federal investigations of former President Trump.

The Wall Street Journal was the first I saw to report the news, but other Main Justice beat reporters have the same info.

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Jim Clyburn Is Moving Down One Spot In The House Leadership Ranking

House Majority Whip Jim Clyburn (D-SC) is making way for new Democratic Party leaders in the upcoming Congress. On Friday afternoon, shortly after House Speaker Nancy Pelosi (D-CA) issued a statement praising Reps. Hakeem Jeffries (D-NY), Katherine Clark (D-MA), and  Pete Aguilar (D-CA) as a “new generation” of leadership whose “time has come,” Clyburn’s spokesperson Hope Derrick issued a statement to Talking Points Memo announcing that he was running for the fourth ranked spot in the caucus. 

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