So there it is. Entirely expected and yet still shocking to see in the full light of day. As I wrote last month here and reiterated in this Times oped earlier this month, this is the one path to reviving Roe’s protections. Get 48 Senators on the record clearly and publicly promising to pass a Roe law in January 2023 and change the filibuster rules to make that possible. That puts abortion rights and Roe protections clearly on the ballot. It’s not a certain path by any means. But it is certainly the only path available right now.
Addendum: I had pulled back a bit on trying to figure out just where every senator stood because as long as the decision wasn’t 100% official it was premature. Premature in the sense that it wasn’t really possible for voters to apply maximum pressure. Now’s the time.
The list of federal law enforcement searches on Wednesday, most of which came to light during yesterday’s blockbuster Jan 6th testimony, should remind us of a critical point. The exercise of the law is not simply a matter of finding crimes and prosecuting criminals. It also has a profound signaling effect. It is how society speaks to itself about what is and is not acceptable behavior. Even now I find even myself a bit surprised seeing this drama escalate to morning FBI raids, seizure of electronic devices and more. But of course that’s what happens when people commit serious crimes. In key ways that is how we are conditioned to know what is serious and what is not, what we collectively as a society view as a grave offense. When that doesn’t happen, especially for those not following the details, we assume – and not unreasonably – that it is just politics.
In case you missed it, David Kurtz and Josh Kovensky just hosted a Twitter Space, discussing everything that went down earlier this week: the feds’ raids, the subpoenas and federal agents’ contact with eleven people involved in Trump’s attempt to subvert the 2020 election. They also discussed the fifth hearing by the Jan. 6 House Select Committee investigating that same attempt. It’s been an eventful week. Listen through the link below:
Join @TPM_dk and @JoshKovensky as they discuss what a week it's been with the fed's contacting eleven people, raids and subpoenas, as well as the fifth hearing investigating Trump's efforts to subvert the 2020 election @TwitterSpaceshttps://t.co/Uufou5cthM
We’re learning more and more about the expanded scope of the Justice Department’s investigation into ex-President Donald Trump’s fake elector scheme, which was spearheaded, in part, by then-Trump lawyer Rudy Giuliani and the legal team he led.
This article first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.
Last June, drawing on the largest trove of confidential American tax data that’s ever been obtained, ProPublica launched a series of stories documenting the key ways the ultrawealthy avoid taxes, strategies that are largely unavailable to most taxpayers. To mark the first anniversary of the launch, we decided to assemble a quick summary of the techniques — all of which can generate tax savings on a massive scale — revealed in the series.
1. The Ultra Wealth Effect
Our first story unraveled how billionaires like Elon Musk, Warren Buffett and Jeff Bezos were able to amass some of the largest fortunes in history while paying remarkably little tax relative to their immense wealth. They did it in part by avoiding selling off their vast holdings of stock. The U.S. system taxes income. Selling stock generates income, so they avoid income as the system defines it. Meanwhile, billionaires can tap into their wealth by borrowing against it. And borrowing isn’t taxable. (Buffett said he followed the law and preferred that his wealth go to charity; the others didn’t comment beyond a “?” from Musk.)
2. The $5 Billion IRA
Other billionaires used less conventional ways to avoid income, we found. Tech mogul Peter Thiel amassed a $5 billion Roth IRA, a type of account that shields income from taxes and is intended to help low- and middle-class savers prepare for retirement. Back in 1999, Thiel stuffed low-valued shares of the company that would become PayPal into the account, a maneuver tax lawyers said risked running afoul of IRS rules. (It’s not clear if the government ever challenged the move.) He set himself up to reap billions in untaxed gains. (Thiel did not respond to questions for the original article.)
3. The $1 Billion Parlor Trick: Turning High-Tax-Rate Trading into Low-Tax-Rate Income
Even when tech billionaires do show income on their tax return, they tend to pay relatively low income tax rates. That’s because of the type of income they have: Gains from long-term investments, such as from stock sales, are taxed at a lower rate. But what do you do if you’re making over $1 billion every year, and it’s largely from short-term trading? Do you just accept that you’ll pay the higher rate on all that income? As we reported this week, Jeff Yass, head of one of the most profitable firms on Wall Street, did not meekly accept this fate. Instead, his firm, Susquehanna International Group, found creative ways to transform the wrong sort of income into the right kind, generating tax savings that exceeded $1 billion over just six years. (Susquehanna declined to comment but in a court case that centered on similar allegations, it maintained that it complies with the law.)
4: The Magic of Sports Ownership: Make Money While (Legally) Reporting Losses
The tax code offers business owners a slew of methods to erase income through deductions, none more awesome than buying a sports team, as former Microsoft CEO Steve Ballmer did with the Los Angeles Clippers. It doesn’t matter whether the team is actually profitable and growing in value. It can still be a write-off. (In some cases, we found, owners could effectively deduct a given player’s contract not once, but twice. They’re allowed to take deductions comparable to those for factory equipment that loses value as it ages, even as teams almost inevitably gain in value.) That’s one reason owners tend to pay far lower tax rates than the athletes they employ, or even the people serving beer in the team’s stadium. In our story, we found a Clippers arena worker who made $45,000 a year and paid a higher tax rate than the billionaire Ballmer. (Ballmer said he pays the taxes he owes.)
5. Build, Drill and Save: The Real Estate and Oil Businesses Can Both Be Tax Havens
6. Even a Billionaire’s Hobbies Can Pay Off at Tax Time
Deductions from hobbies and side projects, which the ultrawealthy can structure as businesses, are another fun option. For some billionaires, it’s race horses: We found that six owners of thoroughbreds at the 2021 Kentucky Derby had taken a combined $600 million in tax write-offs on their horse racing operations. For others, like Beanie Babies founder Ty Warner, it’s luxury hotels. The billionaire splurged on a couple of landmark Four Seasons locations and then went 12 years without paying any income tax. (Representatives for Warner did not respond to requests for comment.)
7. Think Your Taxes are Too High? Change the Tax Laws
Sometimes, it pays to fight for a new tax break. For the billionaires who contributed millions to Republican politicians, the payoff came in the form of Trump’s “big, beautiful tax cut” for passthrough businesses. We found the change sent $1 billion in tax savings in a single year to just 82 ultrawealthy households. Some business owners also boosted their savings with a trick: They slashed their own salaries and categorized the money instead as passthrough income.
8. Why Tech Billionaires Pay Less Than Hedge-Fund Managers
With so many options to reduce taxes, the richest Americans often manage low income tax rates. We analyzed the incomes and taxes of the country’s top 400 earners, those averaging over $110 million in income per year. Overall, the group paid relatively low rates, but certain segments (tech billionaires, heirs, private equity executives) stood out even within this elite population because they were able to draw on the sorts of techniques detailed above. (Also drawing on these techniques were wealthy politicians, like the governors of Colorado and West Virginia.)
9. Brother, Can You Spare a Stimulus Check?
But the real standouts were the billionaires who reported such low incomes that they qualified for government assistance. At least 18 billionaires received stimulus checks in 2020, because their tax returns placed them below the income cutoff ($150,000 for a married couple).
10. Trust This: How Wealthy Families Pass Billions to Heirs While Avoiding Taxes
The holes in the estate tax, we found, are even more remarkable. There are well-worn ways to make sure Uncle Sam doesn’t get his cut of a fortune being passed on to heirs, and the most common is through a trust. How common no one can say, but we found evidence that at least half of the nation’s 100 richest individuals had used estate-tax-dodging trusts. In another story, we followed three century-old dynasties down through the generations, showing how they used trusts to avoid taxes, so that a fortune could pass all the way from the original early 20th century tycoon to, for example, the great-great-granddaughter who recently collected $210 million before her 19th birthday.
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
Normal Times We Live In
Rep. Mayra Flores (R-TX), a newly elected congresswoman who flipped now-retired Democratic Rep. Filemon Vela’s seat in Texas’ special election last week and who will also be on the ballot in November’s general election, posted QAnon hashtags and slogans repeatedly on Twitter, Instagram and Facebook in 2020, CNN and Media Matters found.
Flores also posted and shared conspiracy theories about the Capitol insurrection claiming that the attack was a “set up” by Antifa and “infiltrators.”
It almost goes without saying that Flores promoted Trump’s Big Lie about the 2020 election too. And at one point, she praised MAGA lawyer/Krakenista Sidney Powell, who lost every single election lawsuit she filed, as an “American hero” on Twitter.
All the posts have been deleted and Flores now denies being a QAnoner. She told the San Antonio Express-News in April that she’s “always been against any of that” and “never been supportive of it.” (Unfortunately for her, CNN has the archived versions of the tweets.)
Kemp To Testify In Georgia DA’s Trump Probe
Georgia Gov. Brian Kemp (R) will be providing crucial testimony in Fulton County District Attorney Fani Willis’ investigation into Trump’s election meddling next month, according to the Atlanta Journal-Constitution.
Kemp will reportedly give a “sworn recorded statement” (instead of answering questions in front of a special grand jury) on July 25.
Kemp has also been subpoenaed for a host of documents that a prosecutor in Willis’ investigation said must be turned over at least 72 hours before his testimony.
Yesterday’s Jan. 6 Hearing: How Trump Tried To Corrupt DOJ
The House Jan. 6 Committee had its fifth public hearing on Thursday, which focused on how Trump tried to use the Justice Department to help him steal the 2020 election.
One of the things we learned yesterday was which Trump cronies in Congress had sought pardons near the end of Trump’s presidency: Reps. Matt Gaetz (R-FL), Mo Brooks (R-AL), Scott Perry (R-PA), Louie Gohmert (R-TX) and Andy Biggs (R-AZ). Reps. Jim Jordan (R-OH) and Marjorie Taylor Greene (R-GA) talked about wanting pardons but didn’t ask for them (at least not from any of the ex-Trump officials and lawyers who testified yesterday).
The Feds Had A Very Busy Wednesday
Yesterday, we found out that federal law enforcement subpoenaed or executed search warrants on at least 11 people tied to Trump’s election steal plot on Wednesday.
The biggest target by far was former Justice Department official Jeffrey Clark, Trump’s top DOJ lackey in the election steal scheme and the focus of yesterday’s Jan. 6 hearing. Federal agents searched his home in Virginia on Wednesday, and he was left “in the streets in his pjs,” according to his boss.
Jeffrey Clark Whines About Raid
Clark went on Fox News host Tucker Carlson’s show last night to complain about the FBI’s “Stasi-like” raid on his home on Wednesday.
“I just think we are living in an era that I don’t recognize,” he griped. “And increasingly, Tucker, I don’t recognize the country anymore with these kinds of Stasi-like things happening.”
Tucker was especially sorry it happened when Clark was in his jammies.
Clark: don't recognize this country anymore with these kinds of stasi like things happening. pic.twitter.com/tXTAjRrduA
The Senate on Thursday voted 65 to 33 to pass the bipartisan gun reform bill, which, though pretty modest, is still the only significant gun control legislation the Senate’s managed to pass in decades.
What it includes:
Extra funding to states to help them pass red flag laws that would let authorities temporarily take away firearms from people deemed to be a threat to themselves and others
Enhanced background checks for gun buyers under 21
Extra funding for mental health services and school security
Crackdowns on gun trafficking, straw purchasing and convicted domestic abusers’ ability to buy firearms
15 GOP senators joined all 50 Democrats to pass the bill. That included Senate Minority Leader Mitch McConnell (R-KY), who made it clear that his vote was almost entirely political in nature, saying he hoped it would be “viewed favorably by voters in the suburbs.”
The House will move this morning toward a vote on it, according to House Speaker Nancy Pelosi (D-CA). It’s expected to pass there, and Biden has said he’ll sign the legislation when it reaches his desk.
The vote came several hours after the Supreme Court’s conservative majority struck down New York’s gun control law, which required people to show “proper cause” to carry a concealed weapon when applying for a license.
Cheney Trying To Get Dems To Switch Parties To Save Her
Rep. Liz Cheney (R-WY), who isn’tdoing super hot in the polls against her Trump-backed rival, is specifically targeting Wyoming Democrats with mailers to help them switch party affiliations to be able to vote for her ahead of her state’s Aug. 16 primary.
Birx Testifies Publicly For First Time
Dr. Deborah Birx, Trump’s former White House COVID-19 coordinator, on Thursday testified publicly for the first time on Trump’s exceptionally terrible handling of the COVID-19 pandemic.
As promised, the Jan. 6 Committee just aired testimony from former White House lawyer Eric Herschmann, ex-Mark Meadows aide Cassidy Hutchinson and Trump’s director of the White House presidential personnel office, John McEntee — all of whom outlined what they knew about Republican requests for pardons from Trump.
The House Jan. 6 Committee’s holding its fifth hearing today at 3:00 p.m. ET. It’s the DOJ-centric hearing that got postponed last week.
Today’s session, which will be led by Rep. Adam Kinzinger (R-IL), will scrutinize Trump’s attempt to use the federal government’s top law enforcement agency as a personal weapon in his desperate bid to cling to power after the 2020 election, with a special focus on the infamous Jeffrey Clark scheme.