A quick followup on the news from last night that the Jan. 6 committee claims it has a good faith basis for believing President Trump broke the law when he pressured Mike Pence to reject the electoral vote count.
As I explained in the Morning Memo, this arose in the context of the committee trying to overcome an attorney-client privilege argument being raised by John Eastman, the Trump adviser who is fighting a committee subpoena for his emails.
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
Where Is DOJ?
In an important new court filing last evening, the House Jan. 6 committee alleged that President Trump committed crimes in pressuring Vice President Pence to overturn the result of the 2020 election.
Trump’s criminal culpability, according to the committee, includes: (i) obstruction of an official proceeding, (ii) conspiracy to defraud the U.S., and (iii) common law fraud.
Why now? Some context:
The committee is trying to obtain documents (mainly emails) from John Eastman, the lawyer who advised Trump on the scheme to get Pence to refuse to count electoral votes when Congress convened on Jan. 6.
Eastman filed suit in federal court in California, asserting attorney-client privilege and work-product privilege in refusing to comply with the committee subpoena.
One of the committee’s arguments (it has many) is that if you’re using the attorney-client relationship to commit crimes, the attorney-client privilege evaporates. To support that argument, the committee had to lay out which crimes it alleges were committed. It did so in last night’s filing.
To be clear, the alleged crimin’ by Trump and Eastman were not the centerpiece of the Jan. 6 committee’s filing, but it’s an explosive argument and the most newsworthy.
"This is a call to action by the committee to the Department of Justice." – @eliehonig on the January 6 committee’s allegation in a court filing that Trump and a right-wing lawyer were part of a “criminal conspiracy” to overturn the 2020 election. pic.twitter.com/QK8hi4DRIE
More than a year after the near-coup, with no public sign that the Justice Department is investigating the higher-ups in the conspiracy to subvert the 2020 election, the Jan. 6 committee is laying down an important marker for judging the performance of Attorney General Merrick Garland. Is he up to it?
Jan. 6 Defendant Pleads Guilty To Seditious Conspiracy For First Time
On Wednesday, an Oath Keeper named Joshua James became the first person in all the Capitol insurrection criminal cases to plead guilty to seditious conspiracy in the attack.
Humanitarian Crisis Balloons In Ukraine
Today marks one week since Russia’s invasion of Ukraine, and more than 1 million Ukrainians have fled the country since then, according to the U.N.’s refugee agency.
The Washington Post: “What it looks like at Ukraine’s borders as refugees try to flee”
New York Times: “Newly released satellite images show the effects of war on Ukraine’s civilians.”
Wall Street Journal: “Russia Batters Ukraine’s No. 2 City Kharkiv, as Kyiv Offensive Stalls”
Bid To Get Cawthorn Kicked Off Ballot Relaunches
The North Carolina voters who mounted a legal challenge against far-right Rep. Madison Cawthorn’s (R-NC) candidacy are starting over after the North Carolina State Board of Elections pulled the plug on their first attempt last week.
Two voters who live in the district Cawthorn’s running in, North Carolina’s 11th Congressional District, initiated a new lawsuit on Wednesday. One of them is a former GOP county commissioner, according to Free Speech For People, the nonpartisan election reform group that’s been backing the challenges.
The elections board had decided that the first challenge was invalid after a North Carolina court established a new district map that moved the district Cawthorn was running in at the time (North Carolina’s 13th Congressional District) away from the voters who’d filed that lawsuit.
A brief summary of what happened during the first fight before it got shut down:
The challengers argued that Cawthorn’s role in stoking the Jan. 6 Capitol insurrection disqualifies him from running for office
The Senate Judiciary Committee announced yesterday that the confirmation hearings for Supreme Court Justice nominee Ketanji Brown Jackson will start on March 21 and wrap up on the 24th.
The Right-Wing Media Cesspit
Fox News host Tucker Carlson is demanding to see Jackson’s LSAT score so the Black lady can prove whether she really belongs on the Supreme Court.
Tucker: It might be time for Joe Biden to let us know Ketanji Brown Jackson’s LSAT score was. Why wouldn’t he tell us that… pic.twitter.com/boPHU5PnMd
Former Trump trade adviser Peter Navarro didn’t show up for his scheduled deposition with the House Jan. 6 committee yesterday, claiming that he is an Executive Privileged Boi who won’t let the committee “bully” him with its subpoena, no sir!
He’s very confident that “that unconstitutional dog won’t hunt at the Supreme Court,” which has already shot down two of Trump’s attempts to block the committee’s investigation.
Trump’s Border Wall Has Been Breached More Than 3,000 Times
Mexican smugglers have cut through the ex-president’s “very powerful” wall more than 3,000 times over the past three years, according to U.S. Customs and Border Protection records obtained by the Washington Post.
DeSantis Disgusted By Mask-Wearing Brats
Florida Gov. Ron DeSantis (R) had this very normal reaction upon seeing a group of students wearing masks at his press conference at the University of South Florida yesterday:
It’s now been almost one week since Russia invaded Ukraine.
Since then, the Kremlin has failed to take the country’s two biggest cities, Kyiv and Kharkiv. Both have faced assaults from Russian troops invading from the nearest borders, 20 miles away in the case of Kharkiv and roughly 60 miles away from the Belarusian border, in the case of Kyiv.
Over the past several days, Russia has began to bomb government buildings and civilian infrastructure. The mayor of Mariupol, a city on the Sea of Azov in Ukraine’s east, told Ukrainian TV that an entire residential block was flattened by an artillery strike during heavy fighting.
“We cannot even take the wounded from the streets, from houses and apartments today, since the shelling does not stop,” he said.
Kharkiv, an old capital of Ukraine, has also faced periodic missile strikes and heavy rocket bombardments.
With all that, U.S. officials appear to have changed their assessment of how long the Ukrainians may hold out. When the war began, they predicted that Kyiv would likely fall within four days of the invasion.
Now, per CBS News, Pentagon officials briefed lawmakers that Russia could take Kyiv in 30 days, and that a “tactical seizure” of Ukraine may be complete in six weeks. From that point, lawmakers were told, the war could last from 10 to 20 years.
“She was just annoyed at having to see her ex-lover’s face on billboards as she drove around Plano.”
According to the Dallas Morning News, that was Plano, Texas resident Tania Joya’s justification for spilling the beans about an affair she had with incumbent Rep. Van Taylor (R-TX) to one of his opponents ahead of Tuesday’s primary.
Look, we’ve all been there.
But there’s a lot of other stuff going on here — far more, in fact, than Joya’s very valid logic. Let’s unpack.
This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was first published by The Conversation.
A curious new church was dedicated on the outskirts of Moscow in June 2020: The Main Church of the Russian Armed Forces. The massive, khaki-colored cathedral in a military theme park celebrates Russian might. It was originally planned to open on the 75th anniversary of the Soviet Union’s victory over Nazi Germany, in May 2020, but was delayed due to the pandemic.
Conceived by the Russian defense minister after the country’s illegal annexation of Crimea in 2014, the cathedral embodies the powerful ideology espoused by President Vladimir Putin, with strong support from the Russian Orthodox Church.
The Kremlin’s vision of Russia connects the state, military and the Russian Orthodox Church. As a scholar of nationalism, I see this militant religious nationalism as one of the key elements in Putin’s motivation for the invasion of Ukraine, my native country. It also goes a long way in explaining Moscow’s behavior toward the collective “West” and the post-Cold War world order.
Frescoes celebrate Russia’s military might though history, from medieval battles to modern-day wars in Georgia and Syria. Archangels lead heavenly and earthly armies, Christ wields a sword, and the Holy Mother, depicted as the Motherland, lends support.
Service members and young army cadets gather for an event held outside the cathedral to mark the 80th anniversary of the German invasion of the Soviet Union in World War II. Gavriil Grigorov\TASS via Getty Images
‘Cradles’ of Christianity
The original plans for the frescoes included a celebration of the Crimean occupation, with jubilant people holding a banner that read “Crimea is Ours” and “Forever with Russia.” In the final version, the controversial “Crimea is Ours” was replaced by the more benign “We are together.”
When Russia annexed the Crimean Peninsula from Ukraine in 2014, the Russian Orthodox Church celebrated, calling Crimea the “cradle” of Russian Christianity. This mythology draws on the medieval story of Prince Vladimir, who converted to Christianity in the 10th century and was baptized in Crimea. The prince then imposed the faith on his subjects in Kyiv, and it spread from there.
The Russian Orthodox Church, also called the Moscow Patriarchate, has long claimed this event as its foundational story. The Russian Empire, which linked itself to the church, adopted this foundational story as well.
‘Russian World’
Putin and the head of the Russian church, Patriarch Kirill, have resurrected these ideas about empire for the 21st century in the form of the so-called “Russian World” – giving new meaning to a phrase that dates to medieval times.
In 2007, Putin created a Russian World Foundation, which was charged with promotion of Russian language and culture worldwide, such as a cultural project preserving interpretations of history approved by the Kremlin.
Another planned mosaic depicted the celebrations of Soviet forces’ defeat of Nazi Germany – the Great Patriotic War, as World War II is called in Russia. The image included soldiers holding a portrait of Josef Stalin, the dictator who led the USSR during the war, among a crowd of decorated veterans. This mosaic was reportedly removed before the church’s opening.
The Great Patriotic War has a special, even sacred, place in Russians’ views of history. The Soviet Union sustained immense losses – 26 million lives is a conservative estimate. Apart from the sheer devastation, many Russians ultimately see the war as a holy one, in which Soviets defended their motherland and the whole world from the evil of Nazism.
Under Putin, glorification of the war and Stalin’s role in the victory have reached epic proportions. Nazism, for very good reasons, is seen as a manifestation of the ultimate evil.
Portraits of Soviet leader Josef Stalin (left) and Russian President Vladimir Putin on display at the opening of an exhibit called Russia – My History, 1945-2016, at Moscow’s Manege Central Exhibition Hall. Valery Sharifulin\TASS via Getty Images
The rhetoric of this militant religious nationalism has been on display as Russia threatened to and ultimately did invade Ukraine. During a speech on Feb. 24, 2022, Putin bizarrely called for the “de-nazification” of Ukraine. He also spoke of fraternal relationships between Russian and Ukrainian people and denied the existence of the Ukrainian state. In his view, Ukraine’s sovereignty is an example of extreme, chauvinistic nationalism.
Putin’s claim that Ukraine’s government is run by Nazis is absurd. However, the manipulation of this image makes sense in the framework of this ideology. Painting the government in Kyiv as evil helps to paint the war in Ukraine in black and white.
The Russian president himself appeared in earlier versions of the cathedral’s frescoes, along with Minister of Defense Sergei Shoigu and Russian Foreign Minister Sergei Lavrov. However, the mosaic was removed after controversy, with Putin himself reportedly giving orders to take it down, saying it was too early to celebrate the country’s current leadership.
This volatile religious nationalism manifests itself in the militarism unfolding in Ukraine.
On Feb. 24, 2022, the day the invasion began, Patriarch Kirill called for a swift resolution and protection of civilians in Ukraine, while reminding Orthodox Christians of the fraternal connection between the two nations. But he has not condemned the war itself and has referred to “evil forces” trying to destroy the unity of Russia and the Russian Orthodox Church.
The Supreme Court heard a bizarre case Monday that dealt with the Environmental Protection Agency’s power to regulate greenhouse gas emissions from power plants. A coalition of red states and coal companies are gesturing towards a rule that is no longer on the books — Obama’s Clean Power Plan — as a way to bring before the conservative court questions of how the EPA can act on climate.
I’ve mentioned this a few times already. But I remain stunned at the number of people I’m generally used to seeing decrying “forever wars” and the military industrial complex insisting the time has come for us to intervene militarily in Ukraine. The favored demand seems to be a “no fly zone” either over Kyiv or the entirety of Ukraine — which in case you haven’t reviewed the maps is a very large country. The preference for “no fly zones” is itself a reminder that the U.S. public has virtually no living memory of war with a peer military force or even one that can put up any kind of fight. The word gets tossed around as though it described a kind of high tech forcefield the U.S. deploys when we’ve gotten fed up with the pictures we’re seeing on TV. I’ve even seen people questioning whether a “no fly zone” actually constitutes an act of war.