DOJ Scoffs At Bannon’s Last-Ditch Effort To Head Off Contempt Trial

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

The Clock Is Ticking Toward July 18

With his trial on contempt of Congress charges set to begin next week, Steve Bannon set off a last-minute flurry of news reports and legal filings by claiming he was finally prepared to testify to the Jan. 6 Committee.

The Justice Department was having none of it, acidly remarking in a filing late Sunday night that Bannon’s offer was “not a genuine effort to meet his obligations but a last-ditch attempt to avoid accountability.”

Bannon, who has stonewalled the Jan. 6 committee for months, has said he will now testify, but the Justice Department noted that he has yet to produce any of the documents subpoenaed by the committee, putting him in only partial compliance with the committee’s demands. The Justice Department in a separate filing asked the court to reject Bannon’s request to delay the trial.

The Justice Department also dropped a little news in the filings: DOJ says that last month the FBI interviewed Trump lawyer Justin Clark, who claimed:

  • Trump had never asserted executive privilege over any particular information or materials to keep Bannon from testifying in the first place.
  • Clark never asked or was asked to attend Bannon’s deposition before the Jan. 6 committee.
  • Bannon’s attorney misrepresented to the Jan. 6 committee what Clark had him.
  • Clark made clear to Bannon’s attorney that a pivotal letter from Clark provided no basis for total noncompliance with the committee’s subpoena.

Bannon forwarded to the House Jan. 6 Committee a letter Trump had sent him on Saturday in which the ex-president said he would drop his “executive privilege” claim if the committee agreed to certain conditions. Bannon’s exact demands aren’t clear, but his letter reportedly hinted at wanting to testify publicly.

The committee ain’t gonna go for a public hearing with Bannon. Rep. Zoe Lofgren (D-CA) said on Sunday that the panel wants to get all their questions answered, “and you can’t do that in a live format.”

What We Know About Cipollone’s Testimony

Ex-White House chief counsel Pat Cipollone sat in for transcribed, videotaped testimony with the House Jan. 6 Committee for eight hours on Friday. It was a private session, so the only information we’ve got on his testimony right now has come from committee members and reports from outlets like CNN and the New York Times.

FDA To Consider Over-The-Counter Birth Control Pills

Weeks after the Supreme Court overturned Roe v. Wade, HRA Pharma, a pharmaceutical company based in France, submitted an application to the Food and Drug Administration to authorize its birth control pill for over-the-counter purchase.

  • The FDA is expected to make its decision in about 10 months, according to HRA Pharma officials.
  • Another pharmaceutical company, Cadence Health, said it hopes to submit an application next year to make its birth control pills available to buy over the counter as well.
  • Don’t expect the Biden administration to speed up the authorization process, though. One of the White House’s co-chairs of its Gender Policy Council said on Friday that the FDA “has to go through its process.”

Pregnant Texas Woman Ticketed For Driving In Carpool Lane Points To Fetus As Passenger

In wake of the Supreme Court’s Dobbs ruling, a pregnant woman named Brandy Bottone argued that her fetus counted as another passenger when the police ticketed her for driving on the HOV lane on the Central Expressway in Dallas.

Arizona Makes It Illegal To Film Cops Within 8 Feet

In case you missed it, Arizona Gov. Doug Ducey (R) signed a bill last week banning people from taking videos of cops within eight feet of the officers, which is set to go into effect in September.

Schumer Tests Positive For COVID

Senate Majority Leader Chuck Schumer’s (D-NY) office announced on Sunday that the senator had tested positive for COVID-19, so he’ll be quarantining and working remotely this week.

Must Read

“Uber broke laws, duped police and secretly lobbied governments, leak reveals” – The Guardian

The Ballad Of Elon Musk

As predicted, Tesla CEO Elon Musk is now actively trying to break his $44 billion deal to buy Twitter, and it looks like sucking up to MAGALand failed to win him the allies he seemed to chase on the PR front:

Broken clock, etc. etc.

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Raskin: Jan. 6 Panel’s Next Hearing Will Focus On Infamous Dec. 18 WH Meeting

Rep. Jamie Raskin (D-MD), who serves on the Jan. 6 Select Committee, offered more details on the panel’s next public hearing scheduled for Tuesday, which fellow member Rep. Adam Schiff (D-CA) previously said will focus on “efforts to assemble” the mob of Trump supporters who stormed the Capitol.

Continue reading “Raskin: Jan. 6 Panel’s Next Hearing Will Focus On Infamous Dec. 18 WH Meeting”

Bannon Says He’s Open To Testifying Before Jan. 6 Panel After Trump Waives Privilege Claims

Months after he was charged with contempt of Congress for stonewalling the Jan. 6 Select Committee, former White House chief strategist Steve Bannon appears to have reversed course by telling the panel that he is “willing” to testify publicly after receiving a letter from former President Trump waiving executive privilege, according to CNN and NBC News.

Continue reading “Bannon Says He’s Open To Testifying Before Jan. 6 Panel After Trump Waives Privilege Claims”

Lofgren Dismisses Oath Keepers Leader’s Offer To Testify As DOJ Issues New Allegations

Rep. Zoe Lofgren (D-CA) on Sunday dismissed Oath Keeper founder Stewart Rhodes’ offer to testify before the Jan. 6 Select Committee as a “pitch to be released” from jail.

Continue reading “Lofgren Dismisses Oath Keepers Leader’s Offer To Testify As DOJ Issues New Allegations”

Reports: Jan. 6 Panel Did Not Ask Cipollone To Confirm Hutchinson’s Testimony

Former White House counsel Pat Cipollone reportedly was not asked to confirm shocking testimony by Cassidy Hutchinson, former aide to White House chief of staff Mark Meadows, during his roughly eight-hour interview with the Jan. 6 Select Committee on Friday, according to CNN and the New York Times.

Continue reading “Reports: Jan. 6 Panel Did Not Ask Cipollone To Confirm Hutchinson’s Testimony”

TPM Investigative Reporter Josh Kovensky: 5 Books That Get Me Unstuck

We’re asking our fellow TPMers to share their own personal reading recommendations: books they love or that have shaped their lives.

Comment below with some of your favorites! Also, you can always purchase any of the books by visiting our TPM Bookshop profile page

Investigative reporter Josh Kovensky is up this month. Check out his list of five books that always offer him something surprising and new.

It’s easy to get bogged down, for one day to melt into another. 

But I’ve found that some books continue to jolt me awake, no matter how much time has passed and regardless of how many times I’ve read them. Either through narrators who don the life of another, struggle to survive through dizzyingly fast social changes, or choose to renounce it all, erasing their own consciousness in bottles of shoe polish hooch, these books remain startling in the best possible sense of the word. 

Below are five books that always offer me something surprising and new. 

Moscow To The End Of The Line by Venedikt Yerofeyev

Moscow To The End of The Line is something like a Soviet answer to Hunter S. Thompson. Originally published via Samizdat, the book is narrated by a 1960s construction foreman who gets fired from his job and begins to wander Moscow in search of the Kremlin, before slowly drinking himself into oblivion on a regional commuter train to his hometown of Petushki (his hometown means “fighting cocks” in Russian, which lends itself to the book’s original title: Moscow – Petushki).

The further the train goes from Moscow, the deeper we get into the narrator’s hallucinations and his observations of Soviet society. He gets more desperate himself, drinking homemade shoe polish liqueur along the way and holding court with seemingly imaginary interlocutors. It reads as if you yourself have taken a shot of shoe polish — a story that’s fantastic on the surface but deeply violent underneath, an epic of one person trying to mount a psychological escape from a society in which he’s physically trapped. 

Free by Lea Ypi

This memoir recounts Lea Ypi’s upbringing in Albania under the Stalinist regime of Enver Hoxha. She grows up a devout communist, only to discover as the regime fell in the early 1990s that her world — and family — was based either on lies or distorted by untold secrets. As it turns out, Ypi was from a family of dissidents descended from a pre-Hoxha fascist politician, a fact that forever limited her father’s advancement and which resulted in the imprisonment of some of her relatives and her family’s acquaintances. The narrative splits along these two ruptures: in history, and in Ypi’s own life. That extreme change allows her to ask deeply bracing questions about the two systems’ limitations with a level of clarity that’s both rare and jolting. 

Down and Out in Paris and London by George Orwell

This classic involves George Orwell allowing himself to descend into poverty, essentially to see what it’s like being “down and out.” He gets a job as a dishwasher in a restaurant run by Russian emigres, working seventeen and a half hour days, at times without pay. His luck turns for the better in a sense after a friend helps him move to London, where Orwell becomes a tramp, wandering to Salvation Army shelters and hostels. The book is hilariously written, and is also partly a farce: Orwell had the family and connections to remove himself from the situations he encountered at any time. What Orwell experienced was not true poverty in that sense. But as a record of forcing yourself to live in an environment that’s completely foreign to you by birth and upbringing, it’s a fascinating and visceral one. 

The Argonauts by Maggie Nelson

It’s really hard to classify this book, a mixture of memoir, literary theory, novel, and lyric poem. But it’s basically a love story, one that consciously tries to transcend various gender and family norms as Maggie Nelson meets and marries her transgender partner Harry Dodge. The narrative is feverish as much for the intensity of the language she uses as it is for the boundaries that Nelson is constantly trying to cross, or expose as illegitimate. What results is a book that’s strangely renewing, powered by a narrative that’s equal parts energetic and tender. 

The Wind-Up Bird Chronicle by Haruki Murakami

Outwardly, very little happens in this book. The main character quits his job at the start, and spends most of the rest of the novel alternating between lying around at home, wandering around Tokyo, and sitting at the bottom of a well. But throughout, we get glimpses of an underworld that begins to creep towards the narrator: through parallel narratives set in Japan’s World War Two client state in Manchuria, snippets of newspaper articles, and the narrator’s own hallucinatory travels from the well’s bottom. It’s not entirely clear how we get there, but through a combination of self-abnegating psychedelic trips the narrator ends up somewhere new, with a sense of possibility.  

Is It All Up to the King?

So yesterday morning we got into contact with three Senate offices trying to see where everyone was on Roe and Reform. We contacted the offices of Sens. Feinstein, Casey and King. (We also reached out to Sens. Tester and Coons. But in those cases it wasn’t clear we got through the forest of out of office emails and voice mail messages. Congress is currently on recess.) Yesterday afternoon Sen. Feinstein’s office released a statement affirming that she’s ready to suspend the filibuster rules for the Roe bill. Around the same time, Sen. Casey’s office confirmed to Kate Riga that Casey also supported suspending the filibuster rules for a Roe bill. And that leaves us with … hmm? Who’s left? Oh right! Sen. Angus King of Maine, an independent who caucuses with the Democrats. So far no response or clarification on this issue. Crickets.

(We also had a conversation with Sen. Kaine, which we’ll get to in a later post.)

Continue reading “Is It All Up to the King?”

Purely a Political Battle, Not a Legal One

This covers some ground we’ve discussed already. But I wanted to come at it from a slightly different angle. The following is a note from a law professor TPM Reader whose initials I’m omitting because it’s a small world. I’ll call them LP

Codifying Roe is not so easy. Congress has only the legislative power explicitly provided in the constitution. In the ACA case, the Court (per CJ Roberts) decided that “health care and insurance” was outside the domain of the commerce clause. And perhaps that’s a good thing, because it’s something of a safeguard against a national anti-abortion law. So what about the enabling clauses of the 14th Amendment (sec 5) and the 13th Amendment (sec. 2). The Court has cut back Congress’ power to use sec 5 to “expand” rights. So you’ve made a point of pushing Biden on “give me 2 more Senators and we’ll run over the filibuster to codify Roe,” I think TPM should do some reporting on what “codifying” would mean and whether it’s practicable with this Court, without something like the ERA. And so maybe you ought to be pushing Biden on “give me 2 more Senators and we’ll enlarge the Court.”

Continue reading “Purely a Political Battle, Not a Legal One”

Kentucky Guv Demands Biden Ditch Anti-Abortion Judicial Nominee

Kentucky Gov. Andy Beshear (D) called on the White House to drop President Joe Biden’s planned judicial nomination of Chad Meredith, an anti-abortion conservative, during a press briefing on Thursday.

Continue reading “Kentucky Guv Demands Biden Ditch Anti-Abortion Judicial Nominee”