Just a Quarter of Republican Senators Voted for Rick Scott

Politico is one of the outlets that is focusing most productively on areas of tension between Article I Republicans and Trump. Their very good House journalists have this piece on objections to impoundment (which would strip the House of its most basic function, the power to appropriate), use of military for mass deportation (from Rand Paul), and tariffs (from John Thune). Josh Gerstein noted Chuck Grassley’s opposition to Trump’s plan to replace all the current Inspectors General. And they did an uneven post on which Senators might be most likely to oppose Trump (which was perhaps too early to note that Utah’s Senator-elect John Curtis was among the first to go on the record with concerns about Matt Gaetz). Mike Rounds gave a hawkish interview in support of Ukraine. And after Lisa Murkowski said (in a little-noticed Alaska interview) that she won’t vote to confirm any Trump nominee who has not undergone an FBI background check, four more Senators — Susan Collins, Kevin Cramer, Rounds, as well as Joni Ernst — joined Murkowski in expressing support for background checks (though without making them a litmus test), with Bill Hagerty scoffing at the entire idea that they’re necessary.

There are far too many Democrats dismissing the possibility that there can be meaningful opposition to Trump from Congress. The Senate, especially, held up some of Trump’s plans the first go-around, even before he sicced an armed mob on them. And if nothing else, these people love their own prerogatives, and so will — at least selectively — defend those (as the bid to insist on FBI background checks would be a means to do).

More importantly, we don’t have the luxury of assuming Republicans will routinely capitulate to Trump: It is the job of the Democratic party, at this point, to give them cause to do so. Yes, Mitch McConnell failed in 2021 when he had an opportunity to disqualify Trump. He will have further opportunities to amend his own failure, and it’s simply not an option not to fight to get him to do so. Not least, because the mere act of doing so effectively may have an effect in 2026, if elections are really held.

And that’s why I’ve been trying to identify what I’m calling the Scott Caucus: The (just) 13 Republicans who voted for Rick Scott in the first round of the election for Majority leader. There was a good deal of pressure, including from online influencers who can elicit mob and also Elon Musk, the mobster incarnate, to vote for Trump’s pick for Majority Leader, Scott. But he lost in the first round of voting, with a reported outcome of:

  • Thune 23
  • Cornyn 15
  • Scott 13
  • Not voting 2

Thune won the second round between him and Cornyn 29-24.

To repeat: Just 13 members of the Senate voted, on a secret ballot, for Trump’s preferred candidate for Majority Leader. There’s undoubtedly a lot that went into that vote, but the 38 Senators who affirmatively voted against Scott are people who voted, at least partly, against capitulating to Trump.

We don’t know who all is included in that list, but these people publicly endorsed Scott:

  1. Marsha Blackburn
  2. Ted Cruz
  3. Hagerty
  4. Ron Johnson
  5. Mike Lee
  6. Rand Paul
  7. Marco Rubio
  8. Tommy Tuberville

I suggested that this vote, of the people who voted against Charles Q. Brown to be Chairman of the Joint Chiefs of Staff, might be a proxy for other Senators who prefer gross politicization against basic competence — though according to his public statements, Josh Hawley voted for Thune.

Whoever the other five people are (Rubio, of course, will be replaced once he is confirmed as Secretary of State), they’re just a small fraction of the GOP Senate.

Republicans will enjoy their time in the majority, and most of the time most Republican Senators will gleefully support what Trump will do.

But when given a choice to capitulate immediately or to uphold their own prerogatives, an overwhelming majority of Republican Senators voted to defend their own privilege.




Pam Bondi Offers a Platform to Expose the Consequences of Trump’s Past Corruption

Greg Sargent had a column proposing ways for Democrats to really challenge Pam Bondi at her confirmation hearing. He describes it as an opportunity to expose how badly she’ll be willing to politicize rule of law.

Democrats should start thinking right now about the opportunity presented by Bondi’s Senate confirmation hearings next year. This will be a major occasion to unmask just how far she’ll gladly go in corrupting the rule of law and unleashing the state on all the “vermin” he has threatened to persecute.

“The attorney general will be the weaponizer-in-chief of the legal system for Trump,” Representative Jamie Raskin, Democrat of Maryland, told me.

While I agree with Sargent’s premise — Democrats should treat Bondi’s confirmation hearing as an opportunity — I disagree with his proposed approach (and that espoused by Jamie Raskin, whom he quotes at length).

Sargent’s focus is on how Bondi would act under predictable eventualities.

Trump has threatened to prosecute enemies without cause. How will Bondi respond when he demands such prosecutions? He has vowed to yank broadcasting rights to punish media companies that displease him and send the military into blue areas for indeterminate pacification missions. His advisers are reportedly exploring whether military officers involved in the Afghanistan mission can be court-martialed. Raskin says Bondi should be confronted on all of this: “Ask whether she thinks the First Amendment and due process are any impediment to what Trump has called for.”

But this is precisely the approach that failed with Bill Barr, who months after a contentious confirmation hearing, kicked off the process of politicizing DOJ.

Most tellingly, Barr was asked questions about the kind of foreseeable eventualities that Sargent describes (such as, pardons for January 6ers), and it did no good. Patrick Leahy, Amy Klobuchar, and Lindsey Graham all asked Barr whether pardoning someone for false testimony would amount to obstruction. Every time, Barr at least conceded the potential applicability of obstruction in that case. And then, just months after that hearing, when Barr wrote a declination memo for Robert Mueller’s obstruction charge, he simply ignored the pardons. He didn’t mention them at all. While it took years for us to learn how he had reneged on his own stated views (by simply ignoring them), those setting these expectations never found a way to hold him accountable for the dodge.

That said, January 6 Committee staffer Thomas Joscelyn, whom Sargent also quotes, gets a bit closer to the approach I’d recommend. Don’t ask Bondi whether she would do something; make sure you lay out her responsibility for inevitable consequences when things she’s likely to do have untoward effects.

“What happens if Trump pardons the Proud Boys leaders who were convicted for seditious conspiracy and instigating the violence?” said Tom Joscelyn, a lead author of the Jan. 6 Committee report, in suggesting lines of questioning for Bondi. “What about the dozens of defendants convicted of assaulting cops?”

Joscelyn adds that pardons for them would provide a major boost to violent far right extremist groups in this country and would “legitimize their cause.” Dems should confront Bondi with all of that. Make her own every last bit of it.

Where I’d add to what Joscelyn suggests is with Trump’s past history.

Rather than asking Bondi about something we know will happen going forward (political violence from freed militia members), ask her how she’ll avoid the negative consequences Trump’s past actions already had. Rather than asking Bondi whether she’ll be responsible for Proud Boy violence when Trump pardons them, instead note that Bill Barr treated threats  the Proud Boys and Roger Stone made against Amy Berman Jackson as a technicality, only to have them plan an insurrection 18 months later. “Bill Barr’s coddling of Trump’s far right extremists led to a predictable increased threat, an attack on the Capitol. How will you avoid the same mistake?” It uses the confirmation hearing to lay out the consequences of past corruption.

You can use this approach with pardons more generally. “Because Trump didn’t properly vet his pardons the first time around, at least seven of them quickly returned to crime, with many of them beating their spouses. How will you ensure that Trump’s bypassing of normal pardon protocol don’t put violent men back on the streets?” You can pick some of the January 6ers — like hardened criminal Shane Jenkins, who almost had a fundraiser at Bedminster, or NeoNazi Timothy Hale-Cusanelli, who did — to ask Bondi how coddling such criminals is consistent with the law-and-order promises she makes.

The difference, so far, is subtle: Using the hearing to show past consequences for Barr or Trump’s own failures, rather than generically predicting future woes.

But that difference becomes more important when adopting a more important focus for the hearing.

Like the legitimization of far right extremists that Joscelyn predicts, we can predict a number of other inevitable outcomes from Trump’s second term. The most important is that as billionaires like Elon Musk loot the government, government service will decline precipitously, only exacerbating the alienation of many of the people who voted for Trump. And when those same billionaires get impunity from Trump’s DOJ, consumers will have their lives ruined. But Trump will work hard to blame scapegoats: liberals, trans people, and unions, rather than the billionaires Trump chose to given direct control over the looting process.

Democrats need to build in accountability for the corruption from the beginning. They need to explain that a crash in life quality is the inevitable consequence of Trump’s corruption and — just as important because committed MAGAts are more likely to turn on others before they turn on Trump — his billionaire appointees and protected buddies.

And Pam Bondi offers a spectacular way to lay that out, because she has been involved in protecting the villains who harmed Trump supporters in the past.

“Ms. Bondi, these ardent Trump supporters who signed up for Trump University racked up debt but got nothing from their degrees. How will you avoid such abuse of consumers going forward?”

“Ms. Bondi, after you fired the attorneys who were investigating banks foreclosing based on dodgy paperwork, millions of Floridians lost their homes. How will you protect Americans from similar business fraud going forward?”

“Ms. Bondi, after you and Rudy Giuliani made false claims about the vote in Pennsylvania, many of them threw their lives away by attacking the Capitol. How will you ensure that such lies don’t harm Trump supporters going forward?”

There are similar questions she can be asked that will anticipate other actions she’s likely to take — like shutting down investigations into Elon Musk’s various stock manipulations and false claims. “Ms. Bondi, how will you protect consumers who purchased cars falsely sold as self-driving?”

There are other questions that might get at Bondi’s past complicity. “Ms. Bondi, why did you and Trump’s other impeachment defense attorneys claim Trump’s demand for an investigation into Burisma was a pursuit of corruption, when Trump’s own DOJ had just shut down a 3-year investigation into Mykola Zlochevsky’s corruption?”

But the most important questions can and should be framed in terms of the Trump supporters whom her past corruption has harmed.

Democrats are not going to prevent Bondi’s confirmation. They’re also not going to get reassurances that Bondi will protect the integrity of the Department; Bill Barr’s prevarications prove that’s futile.

But they can use the high profile confirmation process as a way to lay out what should be a relentless message going forward: corruption hurts the little guy. Trump’s past corruption has hurt his supporters. Bondi’s past corruption has hurt his supporters.

That’s what the Republicans who will confirm her should have to own: the inevitable consequences of her protection of Trump’s corruption and that of the other billionaires who will be swarming his administration.




Now What?

I’ve had lots of feelings about that miserable election: anger, hostility, fear, worry, and more. But life goes on. Now what?

Self-Care

I practiced bankruptcy law for 25 years, mostly representing middle-class people who got hammered by one of the four most common causes of financial distress — divorce, illness/injury, job loss, and financial crashes. Almost all of my clients were shocked and horrified that things had come to the place where they needed to consult a lawyer. I had one piece of advice: take care of yourself. You can’t help anyone else if you’re totally stressed out.

It’s good advice. I took it myself, in fact, I’m still taking it. I did a media cleanse: no billionaire media, quit reading newsletters and Substacks, got off Xitter, and limited my screen time. I watched movies, read novels, talked to my friends over dinner and drinks. I cleaned out closets and drawers, took a close look at expenditures, and talked to my stock broker.

I’ve read this site, and the comments. I moved to Bluesky (@edwalker.bsky.social) and used the starter packs to replace my curated list of follows on Xitter. I’m exercising and eating mindfully. It’s helping.

The Blame Game

I’ve been thinking about why the election turned out so badly. Of course there are many reasons for a huge loss, but these seem make me angriest.

1. Voters. Democracy only works if voters can discriminate among candidates. Donald Trump is a law-breaker, a sexually abusive creep, and a business and governmental failure. People who think this repulsive demented jerk is a plausible candidate and voted for him and people who refused to vote failed the basic test of democracy. There is no excuse for this. With the exception of Muslims who refused to support genocide, discussed below, those people failed as citizens.

2. Billionaire media. The billionaire-owned and controlled media (the “BM”) rehabilitated and enabled Trump. When Trump was impeached for inciting a riot to hold on to power after getting whipped n the 2020 election, the BM announced that the impeachment was futile. Then when the coward Mitch McConnell protected him the BM patted itself on the back and announced that Trump was the leading candidate for 2024. Then he was discovered to have stolen critical national security documents from the government and refused to return them. The BM treated this as spectacle, thrilled by his contempt of law, and continued to treat Trump as the leading Repub candidate.

Meanwhile, the BM’s political reporters decided that inflation was Biden’s fault because of all the government spending on COVID relief, infrastructure and bringing manufacturing jobs back to the US. This was a lie. The primary cause of inflation was supply chain blockages brought on by corporate just-in-time practices. Prices rose as supply dropped, just as predicted by Econ 101 textbooks.

But when supply chain problems eased, prices didn’t come down as predicted by those textbooks. The largest US corporations have oligopolistic market power, and were able to keep prices rising. This was a replay of the mid-1970s when right-wing economists pretended inflation was caused by Keynesian spending instead of the ripple effects of OPEC price hikes. Sadly, BM political reporters lack the capacity to learn from the experience of being bamboozled.

By mid-2023 it was obvious that Biden’s policies were bringing our economy to a soft landing, and many economists (not the right-wing toads) began calling for the Fed to reduce interest rates. The Fed, led by a Republican, refused. That helped keep inflation from falling. BM political reporters blamed Biden for all it.

It doesn’t matter why. They failed. They are to blame.

3. The Democratic Party. Famous Will Rogers quote: “I don’t belong to an organized political party. I’m a Democrat.”

The election was a massive failure of Democratic “leadership,” the timid politicians, the know-it-all rich donors with their hands out, and the incompetent consultants. They all failed. They all should head to a monastery or convent and spend the rest of their days in shame and prayers for forgiveness on account al the people Trump will hurt physically and psychologically.

There is no Democratic Party. There are a bunch of politicians who claim the label, and their supporters and apparatchiks. They won’t help a single person now. For years lefties have begged them to do things that will help people directly — things like raising the minimum wage, protecting voting rights, strengthening labor laws, and reducing student debt, legislating abortion rights, and much more. Zippo.

We begged them to attack the policies and the politicians of the stupid party. We begged them to defend against the Ratfuckers’ ugly attacks on teachers, librarians, liberal clerics, college students, intellectuals, scientists, not-White people, asylum-seekers, LGBTQ+ people, and anyone with a brain capable of telling right from wrong. We begged them to communicate forcefully their successes. We begged them to use the power we gave them to help all of us flourish. They refused. They took our money and our time and then punched the dirty fucking hippies for funsies.

Time to clean House and Senate.

All right, big mouth, now whatcha gonna do?

1. There are a couple of things I can do locally, and I’m going to try to do them, hopefully in the company of people better equipped than I to accomplish them.

2. I’m going to continue with my current project of examining what it means to be an individual in current US society. But instead of treating it as a personal project, I’m going to try to make it more useful. More on that later.

3. I think the Democratic Party as currently constituted is purely transactional. It has no center, no reason for existing. There is nothing to bind us to the party. Instead, we are expected to support people who have claimed the label, regardless of whether or not they are furthering our goals.

As an example, Muslims who voted for Biden were asked to vote for the party’s chosen successor, Kamala Harris, despite her apparent support for Israel’s genocide in Gaza, its attacks on Lebanon and Hezbollah, its evident attempts to stir up war with Iran, and the close connection between the Israel’s odious warmonger Netanyahu and Trump.

Compare this to the 2012 election. We were asked to support Obama and his team despite their flat refusal to hold Wall Street accountable for causing the Great Crash. We were asked to support Obama’s choice to “foam the runway”, to allow the perps keep all the money they stole and use it to buy up all the houses that went into foreclosure. We were told to ignore the fate of millions of our fellow citizens who suffered loss of homes and savings. I didn’t vote for him. I couldn’t. How could I demand that Muslims support Harris in the face of genocide? How could anyone? Maybe other people felt similarly about other failures to deliver on promises.

The Democratic Party is not our friend, and it’s not going to help. We all have to figure out how to fix the mess that crowd of failures created. The shell of the party remains. I might be able to help with one obvious problem the lack of a governing theory.

4. I’m going to continue to attack the MAGAts on SCOTUS. I know how to read their bullshit opinions, and I know what plausible jurisprudence is, and I can and will show my contempt.

5, I think another serious problem is that we have no way to communicate with a large audience. By we, I mean thoughtful left-leaning writers and thinkers. We have no mass media presence, and we aren’t likely to develop one under a Trump administration.

At the Democratic Convention the Harris team centered a group of what it called “content creators,” people with podcasts. TikTok followers, Instagram accounts, and other ways of communicating. Those reach some of our target audience and could reach more.

Maybe that’s a way forward? Some kind of grouping of these content creators? Some sensible organization that stretches across all these forums? A coherence based on common goals and maybe even a theory? Maybe some way to make a little money?

Conclusion

We’re all going to have to find a way forward. Any thoughts?

_________
Front page photo: Detail of The Last Judgment by Giovanni da Modena, a fresco at the Cathedral of Bologna, Italy. Photo by Artemisia.




WaPo Enthusiastically Joins Trump’s Attack on Rule of Law

One reason why Trump managed to win the election in spite of his four felony prosecutions is because self-imagined journalists never fact-checked him when he falsely claimed his prosecutions — all of them — were partisan witch hunts.

This article, from WaPo, is a remarkable example.

It confirms what was already clear — that Trump will attempt to fire everyone who worked on his own criminal prosecutions — and adds that Trump also intends to use DOJ to investigate his claims of voter fraud that his own DOJ already debunked in late 2020. It describes this fascist project to politicize DOJ as evidence of his “intention to dramatically shake up the status quo in Washington.”

The post notes that Trump, “lost to Joe Biden but continues to insist [the election] was stolen from him in key battlegrounds,” and describes that, “neither the president-elect nor his allies have ever provided evidence to prove their claims of voter fraud.”

But it doesn’t mention that Bill Barr’s DOJ already did investigate Trump’s claims of election fraud. And although Josh Dawsey is bylined, the story mentions none of Dawsey’s several stories on contractors whom Trump hired in 2020, who looked for — but could not find — any evidence to back these claims (one two three).

More tellingly, WaPo’s four journalists don’t bother to correct Karoline Leavitt’s objectively false claim that, “President Trump won the election in a landslide,” a claim that could be easily debunked by pointing out that Trump won’t break 50% of the popular vote and won by less than 2%.

They just let Leavitt lie.

Worse still, they repeated Trump’s claims of grievance over and over, saying only that it is a frequent claim, not a false one.

[1] a Trump spokeswoman echoed the president-elect’s frequent claim that the Justice Department cases against him were politically motivated.

“President Trump campaigned on firing rogue bureaucrats who have [2] engaged in the illegal weaponization of our American justice system, and the American people can expect he will deliver on that promise,” press secretary Karoline Leavitt said in a statement. “One of the many reasons that President Trump won the election in a landslide is Americans are sick and tired of seeing their tax dollars spent on [3] targeting the Biden-Harris Administration’s political enemies rather than going after [a] real violent criminals in our streets.”

[snip]

And he has [4] maintained from the start that Smith’s investigations into his efforts to reverse his defeat — as well as his alleged mishandling of classified documents after he left the White House — are examples of the weaponization of government against him that must be avenged.

[snip]

“For too long, the partisan Department of Justice [5] has been weaponized against me and other Republicans,” Trump wrote when announcing his new pick, longtime ally Pam Bondi, in a post on Truth Social. “Not anymore. Pam will refocus the DOJ to its intended purpose of fighting Crime, [b] and Making America Safe Again.”

There are plenty of ways people who chose to engage in journalism could debunk these false claims: to point out that Joe Biden was also investigated for retaining classified documents, to describe that a former Trump US Attorney, Robert Hur, found characteristics that distinguished Trump’s case from Biden’s, to explain what those distinctions were — Trump’s year-long effort to hide documents from DOJ. Regarding January 6, a journalist might explain that hundreds of other people were charged with the same main crime — obstructing the vote certification — as Trump was, but in his case the fraudulent certificates made the evidence even stronger.

At the very least, describe — in detail! — what Trump was charged with! WaPo chooses not to do that.

On the claims of politicization, the laziest reporter might note at least that Joe Biden’s own son was prosecuted on two coasts, along with three high profile Democrats — Bob Menendez, Henry Cuellar, and Eric Adams.

Trump’s claim that Biden’s DOJ targeted Republicans is laughable, and yet four self-imagined journalists repeated the claim as if it were true.

Trump’s claims that Biden’s DOJ didn’t prosecute violent criminals in the streets bears special focus, since hundreds of the January 6ers — people Trump has suggested he’ll pardon — are just that: people convicted of violently assaulting cops.

And his claim that Pam Bondi will fight crime as if Merrick Garland did not? For fuck sake, people, mention that crime rates came down under Biden.

WaPo packages up all this unrebutted propaganda as a process story. Twelve paragraphs in, it addresses the question of whether Trump will be able to fire career employees. In ¶15, it describes the make-up of Jack Smith’s team.

But it’s all buried under dumb repetition of Trump’s attack on rule of law, as if the attack were true. WaPo just couldn’t be bothered to conduct the least little act of journalism on that point, and so simply repeated Trump’s false claims of grievance with no correction.

And as such, the article itself becomes part of precisely the outrageous abuse it describes: the creation of a false myth of grievance by burying (literally in Trump’s case and figuratively in the case of four people calling themselves journalists) the reality about rule of law.




Fridays with Nicole Sandler

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“A Farce, or a Tragedy, or Perhaps Both.”

Why Trump Won

The making of the electorate Trump just won, and thusly the United States we have now, started decades ago in school. The Conservative Takeover of America was not secret, it was worse than secret; it was boring and bureaucratic. The conservatives worked slowly, patiently, and persistently to not merely change our institutions, but to hobble the next generation, and the next after that. This effort maybe started in Texas, but it had metastasized all over the country years before the first early ballot was cast in 2024. It was massive, and coordinated, but not by any overt conspiracy. Instead it was a persistent and ideological effort to destroy schools in America.

Education was always key to the American Experiment. Back when the founders were trying to figure out how to make this democracy thing work Jefferson said: “I know no safe depository of the ultimate powers of the society, but the people themselves: and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is, not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.” But over the later 20th century and the beginning of this one, our commitment to an educated electorate faltered. We stopped seeing it as a process to create citizens, and started seeing it only in terms of creating workers.

The Reivisionaries Movie poster

It’s a good and painful watch

There’s a documentary movie that I’ve been recommending to people since the election. Made by PBS in 2012, The Revisionaries tells a story of some of the people who laid the groundwork for shift to ignorance: the Texas Board of Education.

You can see if here, and it’s well worth your time. In this story a Young Earth Christian dentist named Don McLeroy fights science education. He battles textbook publishers, sometimes sentence by sentence, to shape the education of Texas children, and by extension much of America. (Texas is a big enough market to drive enough sales that places like Delaware or Montana don’t get as much influence.) In this story he is dogged and effective, and it’s both painful and impressive to watch him fight. He’s not alone — the Christian Right has been fighting for years to reshape science, history, and all aspects of education for all American children, and they’ve largely succeeded. Along the way, they have wrecked so many American minds.

The story of the Revisionaries fits into a broader story of how destroying education has destroyed an electorate, and possibly now, a nation. These last decades have seen concerted attacks on education. Nowhere was this more obvious than the state of Texas, as The Revisionaries documented. But it also took the form of chronic under-investment in education all over the nation. Under-investment that went on for decades, as well as charter and private school scams perpetrated by the Right Wing against American children. School vouchers promised to let kids attend better schools than the public schools America was once so rightfully proud of, further degrading the resources for public education. A lack of supervision at private and charter schools that accepted vouchers has meant that they often lag even behind their underfunded public rivals. The American Right knew that if you capture the children, you capture the future, and they worked on that.

It was also our bad luck that this under-investment in education coincided with one of the greatest media revolutions in history, if not the greatest: the invention and popularization of the Internet. Social media, online publishing, endless information are amazing; they are superpowers. Our smartphones are like the wands in the Harry Potter universe, opening up endless possibilities, and the chance to see the world as a whole in a way we never have before. Ideas and media can romp around the world in the time it takes to make a cup of coffee. But there’s no Hogwarts for the internet: we just gave everyone superpowers and hoped for the best.

It has been a disaster on many levels, but most painfully it has been a human rights disaster. The first genocide organized on Facebook killed Rohingya in Myanmar in 2016, while hundreds of thousands fled to Bangladesh. Russian political interference all over the world capitalized on the internet and its terrible security. Various crashes of cryptocurrency bankrupted people too confused to know what they’d bought, all just to name a few notable internet driven catastrophes. To talk about them all would take books, but you can probably think of your own; anything from Enron to Pets.com to Bored Apes.

The statistics of our electorate are discouraging. After these decades of under-investment in schools, communities, and ESL resources, more than half of adults can’t read at a level required for a healthy democracy. A Gallup study of Department of Education data found that 54% of U.S. adults, aged 16 to 74 years old, have 6th grade or lower reading comprehension. That’s 130 million people who cannot read at a high school level. They are not up to the technical challenge of reading George Orwell’s Nineteen Eighty-Four, Kurt Vonnegut’s Slaughterhouse-Five, or Octavia Butler’s Parable of the Sower. But they are now on the internet hours a day, interacting with algorithmic content that increasingly creates the whole context of their lives without many of these citizens ever knowing how any of it works, or works on them.

Math Might Be Even Worse

We're way down in the PISA math rankings internationally.

Math education in America: it’s not going well.

Math literacy and education are in even worse condition. Understanding the issues we face living in an informational internet landscape requires numeracy — especially in statistics. Our news stories, and even this very article requires some understanding of probability, ratios, and change over time. We need to know whether a number being reported is small, large or even meaningful. We live on the internet now, and the internet is mathematical in nature. Media reports in statistics every day, whether it’s studies, or the effects of policies, or even the weather, which is becoming increasingly dangerous. We need to be able to interpret statistics and other numbers on the fly to even understand headlines, like 54% of people can’t read Orwell’s Nineteen Eighty-Four.

In this election the case that broke me wasn’t Trump. It was Proposition 6 in California. In the alleged greatest left-leaning bastion of the nation, people were voting on convict slavery. And they voted, by a clear majority, for slavery. One of the reasons given for this dumbfounding and reprehensible loss was that the language of the proposition was too complicated. The proposition was about Involuntary Servitude, which the campaigners realized too late many people would not understand was a fancy term for slavery. In Nevada, where the term slavery was used, a similar measure passed. It could be that Californians are just far more right wing and pro-slavery than we ever realized, but there’s another explanation.

California voters didn’t know what the phrase “Involuntary Servitude” meant and couldn’t work it out while filling out a ballot.

The Only Way is Through

Founded in 1980.

We knew that our system required universal literacy and education for voters from the beginning of the American experiment. James Madison said “A popular government without popular information or the means of acquiring it, is but a prologue to a farce, or a tragedy, or perhaps both.” The founders focused on creating an education system for their voters. As the definition of voter widened, so did the need for universal public education. There was a time when our particular universal public education system was the envy of the world, despite its flaws. Particularly in the first half of the 20th century, the post war period, and the Civil Rights era, we focused on universal literacy and basic math and science education. We brought more people than ever into a culture of knowledge, and standards rose. It was never good enough, but for a time, we lead the world’s march towards universal literacy.

But by the end of the 20th century, that system was failing. Several studies and reports such as the 1983 ‘A Nation at Risk‘ showed that literacy wasn’t keeping up with the population. Math skills were increasing, but there were always questions about the curriculum, and whether it was fit for purpose. It might be that Americans are bad at math because American schools are bad at teaching math, but there’s also no real movement for reform.

This election is a disaster that will take many years to unwind. But the key is education. Without fixing education, we can’t fix our country. But we have also been trained by our media to demand quick fixes, and there might not be any quick fixes available here. Rebuilding an educational system is the work of many, done over decades. But it’s also the only way to have, or possibly one day regain, a democracy.




Amid Global Threats that Remain (Publicly) Unspeakable, Trump Makes Himself Vulnerable

Christopher Wray and Alejandro Mayorkas managed to get Republicans and Democrats to agree yesterday — in condemning the two men after they blew off two public Global Threats hearings.

Top officials from the FBI and Department of Homeland Security on Thursday drew bipartisan fire for declining to testify in public at a Senate hearing on “worldwide threats” and instead offering to testify in a classified setting.

Both Democrats and Republicans on the Senate Homeland Security Committee expressed anger at what they called Homeland Security Secretary Alejandro Mayorkas and FBI Director Christopher Wray’s “refusal” to testify in public.

“In a shocking departure from the Homeland Security and Governmental Affairs Committee’s longstanding tradition of transparency and oversight of the threats facing our nation, for the first time in more than 15 years, the Homeland Security and FBI Director have refused to appear before the Committee to provide public testimony at our annual hearing on Threats to the Homeland,” Chairman Gary Peters, a Michigan Democrat, said in a statement.

The jilted members of Congress (and NBC’s Ken Dilanian) seemed to believe the snub was simply defensive. And while I wouldn’t blame either Wray or Mayorkas for wanting to limit their public statements in advance of leaving government and being targeted by Trump’s vengeance machine, it’s possible that the two men had stuff to say that simply couldn’t be said in public.

Given Mark Warner’s alarming commentary about China’s hack of the US telecom system and the shared jurisdiction Wray and Mayorkas would have had over that investigation, that’s could be part of the explanation (though as a telecom guy, Warner’s alarm may simply reflect his better knowledge of the exposure here).

The Chinese government espionage campaign that has deeply penetrated more than a dozen U.S. telecommunications companies is the “worst telecom hack in our nation’s history — by far,” a senior U.S. senator told The Washington Post in an interview this week.

The hackers, part of a group dubbed Salt Typhoon, have been able to listen in on audio calls in real time and have in some cases moved from one telecom network to another, exploiting relationships of “trust,” said Sen. Mark R. Warner (D-Virginia), chairman of the Senate Intelligence Committee and a former telecom venture capitalist. Warner added that intruders are still in the networks.

Though fewer than 150 victims have been identified and notified by the FBI — most of them in the D.C. region, the records of people those individuals have called or sent text messages to run into the “millions,” he said, “and that number could go up dramatically.”

Those records could provide further information to help the Chinese identify other people whose devices they want to target, he said. “My hair’s on fire,” Warner said.

Those details, some previously undisclosed, add to the alarming understanding of the scope of the hack since late September, when the U.S. government, after being alerted by industry, began to grasp its seriousness. “The American people need to know” how serious the intrusion is, Warner said.

The hackers targeted the phones of Donald Trump and his running mate, Sen. JD Vance of Ohio, as well as people working for the campaign of Vice President Kamala Harris and State Department officials.

The world is a mess right now. Donald Trump’s victory makes it likely that authoritarians around the world will defeat the Western order — with Trump thrown scraps by those holding leverage, and phone intercepts, over him.

Which is why Trump’s paranoia about the American “Deep State” is so foolish.

WaPo last week reported on the many transition services Trump has eschewed because those same services caught him engaging in misconduct last time around. Trump won’t work with General Services Administration because in 2017 they turned over emails showing that Trump had secret contacts with Russia during the transition.

Presidential transitions are formally led by the GSA, which typically provides furnished office space and computer support to both nominees for pre-election planning.

Trump won’t use State Department translators because transcripts leaked in his first term.

In calls with foreign heads of state, Trump has cut out the State Department, its secure lines and its official interpreters.

[snip]

Government officials also traditionally rely on State to help create an official record of such conversations, in case disputes arise over what was said.

Trump’s calls have raised alarms from some foreign policy experts — particularly his call with Vladimir Putin. He advised the Russian president not to escalate the war in Ukraine and reminded him of Washington’s sizable military presence in Europe, as The Washington Post reported. The absence of an official transcript of the exchange already has created a challenge for Trump, said Daniel Fried, a retired diplomat now at the Atlantic Council think tank, because the Kremlin quickly denied that the call had taken place.

“It would be a lot easier for the Trump team if he were able to say that the Russia team was lying,” said Fried, who played key roles in designing American policy in Europe after the fall of the Soviet Union. “So there’s a cost to doing it this way. People are scratching their heads and saying, ‘Somebody’s lying.’”

Trump doesn’t want the FBI vetting his nominees because they found disqualifying details on people like Jared (and it should be said but WaPo does not, Johnny McEntee and Boris Epshteyn).

As his team considers hundreds of potential appointees for key jobs, he’s so far declined to let the Federal Bureau of Investigation check for potential red flags and security threats to guard against espionage — instead relying on private campaign lawyers for some appointees and doing no vetting at all for others. Trump’s transition team is considering moving on his first day in office to give those appointees blanket security clearances, according to people familiar with the discussions who spoke on the condition of anonymity to disclose private conversations.

Trump won’t sign the Presidential Transition Act’s ethics code because, well, he has every intent on looting government for his own profit.

Trump’s team says its staffers have signed their own ethics code and conflict-of-interest pledge, although those documents do not cover Trump or meet the requirements of the Presidential Transition Act. Transition officials said they continue to “constructively engage” with the Biden administration, but have not provided details of the negotiations.

As a result, Trump can’t access the hardened facilities that would protect his people from known, ongoing operations by Iranian and Chinese hackers.

Trump’s transition teams cannot participate in national security briefings, enter federal agencies or speak with employees, and can’t receive formal briefings about ongoing operations and projects. (Trump has begun receiving intelligence briefings.) The transition team cannot use secure federal email servers to communicate (a particular concern, security experts said, after the Trump campaign was hacked by Iran).

Trump hates his own government so much, he makes himself an easy target for hostile governments and disloyal appointees. Hell, he couldn’t even get Pete Hegseth to honestly disclose the sexual assault allegation against him.

What Trump will do to the United States is awful.

But because he hates the US government so much, he’ll also make “America First” wildly vulnerable to hostile forces, at a time when they’re already poised to undercut America’s strength.

It’s why he’s such a godsend to hostile countries: Because he will serve as a cancer within the US government, deliberately eating away at America’s defenses from inside.




Yes, Trump Plans to Flush NATO, But It’s Part of a Larger Whole

Note, 1:40 ET: Folks, I know this is bad timing, but in about 20 minutes, I’m going to temporarily shut down comments here, as we’re going to do some planned maintenance. Hopefully it won’t take too long. 

When Donald Trump announced he had selected Matt Whitaker as his Ambassador to NATO, a bunch of people rushed over here to hear me say Big Dick Toilet Salesman* again.

Like most of Trump’s other nominees, Whitaker is wildly unqualified for the role. Actual diplomats may be able to exploit his inexperience. Likely, he’ll wander around Europe like Gordon Sondland did, doing personal errands for Trump, often involving grift. Unlike most of Trump’s nominees, Whitaker has at least been able to get and sustain security clearance in the past.

But I really think BDTS is not where our attention should focus.

Yes, there are reasons to focus on Trump’s five most outrageous nominees, but not always for the main reasons they’re wildly unqualified.

It matters that Russia keeps calling Tulsi Gabbard, whom Trump wants to lead the entire Intelligence Community, their girlfriend. But just as important, Nikki Haley has made an issue of Tulsi’s nomination — focusing on Iran, not Russia.

It matters that RFK Jr would pursue policies that would kill more children, just like he did in Samoa. But it’s worth recalling that RFK made more pointed attacks on red states than Joe Biden or Kamala Harris ever did.

Pete Hegseth is unqualified both because of his Christian nationalism and the NDA he got with a woman who told police he had raped her (his attorney, Tim Parlatore, says the sex was consensual). But it matters just as much that Hegseth hid the alleged assault from Trump’s flimsy vetting process, raising questions among Trump’s team about his candor.

She said Hegseth took her phone and blocked the door with his body when she tried to leave. She told police she said “no” repeatedly. She said she was next on a bed or a couch and Hegseth was on top of her, with his dog tags hovering over her face. Hegseth, she said, ejaculated on her stomach.

Even the focus on evidence of Matt Gaetz’ alleged sex trafficking — something likely to be aired anyway in two month’s time, not least because JD Vance’s disclosure that Trump plans to replace Chris Wray means Wray will have no incentive to refuse Democratic Senators’ requests for more information on the investigation — distracts from the larger effort, focusing on sordid Venmo payments rather than Gaetz’ willingness to sustain conspiracy theories that have been debunked.

Donald Trump’s wildly inappropriate nominations taken one by one, like Nancy Mace’s grotesque attack on Sarah McBride (and Fox News’ lies that McBride, not Mace, started the fight), serve to distract from the larger issue: Trump’s wholesale effort to dismantle the Federal government’s commitment to serve Americans not named Donald Trump or African immigrants named Elon Musk — or Russians named Vladimir Putin.

That’s why Musk is an exception to my claim of distraction. Thus far, I am far less intrigued by claimed tensions around Musk than others like Gaetz — I think it is too early to tell whether Musk has enough leverage over Trump to withstand complaints that he is stealing the thunder from the boss. It doesn’t hurt to play them up, but I have a hunch they won’t work like they normally would. But Musk’s conflicts most readily convey the looting that is at the core of this effort. It should be easy to show how the selection of Brendon Carr as FCC head will not only pose a risk to the First Amendment in the US, but would also provide specific, personalized benefits to Musk’s Starlink. It should be easy to use Musk as an exemplar of the point of all this, which has nothing to do with “woke” or bathrooms or “free speech,” but is, instead, about looting.

Taken individually and as a whole, Republicans — at least the Senators — are in an awkward spot. They are being asked whether they support America, or whether they will irretrievably stop serving their constituents as their President dismantles decades of government benefits. Each instance of discomfort created by Trump’s picks, whether it is Trump’s own team’s belief that Hegseth hid something or Haley’s attack on Tulsi from the right or generalized loathing of Matt Gaetz, provides a discomfort that may lead Republicans to stand up. Each instance of an incompetent crony (and I include Whitaker in that list) being placed in a position where he’s more likely to seek personal benefit he’ll have motive to protect by dutifully implementing whatever Trump orders should be a way to show that Senators have sold out their constituents.

But thus far, Trump has brilliantly done what he always does: used a series of distractions to drown out any coherent discussion of the whole.

It is usually a good bet to assume Republicans will fail to exhibit the integrity or self-preservation when it most matters. But the stakes are too high not to do everything we can to try to change that.

And that starts by maintaining focus on the whole rather than the endless series of new outrageous distractions.


*Note, I did not make up this nickname, though it’s a good one. I merely helped popularize it.




With Matt Gaetz, Donald Trump’s Myth Cannot Fail — It Can Only Be Failed

Folks, I know this is bad timing, but in about 20 minutes, I’m going to temporarily shut down comments here, as we’re going to do some planned maintenance. Hopefully it won’t take too long.

I keep thinking back to this June 2023 exchange between Matt Gaetz and John Durham.

It came at the end of Durham’s testimony after delivering his report, in which Durham said a lot of inflammatory things, but ultimately concluded that the allegations of Russian interference should have been investigated, but should have been opened at a lower level of investigation.

After four years, Durham blamed Hillary Clinton for things Russians (like those suspected of filling the Christopher Steele dossier with disinformation) had done. But he hadn’t done the one thing Republicans needed him to do: assert that the Russian investigation was a hoax.

At the end of it, Jim Jordan adopted a tactic he has come to use in his hearings. He took a break for votes, giving staffers a half hour to prepare a rebuttal. And then three Republican members took turns, including Matt Gaetz for his second turn, unrebutted by any Democratic member.

He came prepared.

Gaetz cued up video from Robert Mueller’s July 2019 testimony, showing Jim Jordan grilling Mueller about Joseph Mifsud. Jordan asserted that Bill Barr and John Durham were trying to find out what Mifsud was doing. After Durham responded that they did try to pursue that angle, Gaetz asserted that Durham’s investigation was “an op.”

You had years to find out the answer to what Mr. Jordan said was the seminal question, and you don’t have it. It just begs the question whether or not you were really trying to find that out. Because it’s one thing to criticize the FBI for their FISA violations, to write a report. They’ve been criticized in plenty of reports. Some have referred to your work as just a repackaging and regurgitation of what the Inspector General already told us. So if you weren’t going to do what Mr. Jordan said you were going to do in that video, and give us the basis for all of it, what’s this all been about?

Now, in point of fact, who Mifsud really was was never the seminal question. Or rather, he only ever became a question via conspiracy theories Jordan and Mark Meadows laundered through a sham Congressional appearance from George Papadopoulos. Under their direction, the Coffee Boy provided no primary documentation with which staffers could hold him to account. Instead, Papadopoulos laundered conspiracy theories first posted in right wing propaganda outlets.

Q Okay. So, and Mifsud, he presented himself as what? Who did he tell you he was?

A So looking back in my memory of this person, this is a mid-50’s person, describes himself as a former diplomat who is connected to the world, essentially. I remember he was even telling me that, you know, the Vietnamese prime minister is a good friend of mine. I mean, you have to understand this is the type of personality he was portraying himself as.

And, you know, I guess I took the bait because, you know, usually somebody who — at least in Washington, when somebody portrays themselves in a specific way and has credentials to back it, you believe them. But that’s how he portrayed himself. And then I can’t remember exactly the next thing that happened until he decided to introduce me to Putin’s fake niece in London, which we later found out is some sort of student. But I could get into those details of how that all started.

Q And what’s your — just to kind of jump way ahead, what’s your current understanding of who Mifsud is?

A My current understanding?

Q Yeah. A You know, I don’t want to espouse conspiracy theories because, you know, it’s horrifying to really think that they might be true, but just yesterday, there was a report in the Daily Caller from his own lawyer that he was working with the FBI when he approached me. And when he was working me, I guess — I don’t know if that’s a fact, and I’m not saying it’s a fact — I’m just relaying what the Daily Caller reported yesterday, with Chuck Ross, and it stated in a categorical fashion that Stephan Roh, who is Joseph Mifsud’s, I believe his President’s counsel, or PR person, said that Mifsud was never a Russian agent.

In fact, he’s a tremendous friend of western intelligence, which makes sense considering I met him at a western spying school in Rome. And all his interactions — this is just me trying to repeat the report, these are not my words — and when he met with me, he was working as some sort of asset of the FBI. I don’t know if that’s true or not. I’m just reporting what my current understanding is of this individual based on reports from journalists.

[snip]

Q And then at what point did you learn that, you know, he’s not who he said he was?

A Like I said, I don’t have the concrete proof of who this person is. I’m just going with reports. And all I can say is that I believe the day I was, my name was publicly released and Papadopoulos became this person that everyone now knows, Mifsud gave an interview to an Italian newspaper. And in this newspaper, he basically said, I’m not a Russian agent. I’m a Clinton supporter. I’m a Clinton Foundation donor, and that — something along those lines. I mean, don’t quote me exactly, you could look up the article yourself. It is in La Republica. And then all of a sudden, after that, he disappears off the face of the planet, which I always found as odd.

[snip]

I guess the overwhelming evidence, from what I’ve read, just in reports, nothing classified, of course, because I’m not privy to anything like that, and considering his own lawyer is saying it, Stephan Roh, that Mifsud is a western intelligence source. And, I guess, according to reports yesterday, he was working with the FBI. [my emphasis]

And that’s what led Barr and Durham to jump on a plane together and chase Papadopoulos’ conspiracy theories — without ever interviewing Papadopoulos directly. Mifsud’s own lawyer — the one who couldn’t help Durham figure out how to subpoena him — who started the conspiracy theory that Mifsud worked for Western, not Russian, spies.

Durham and Barr did more than just chase Papadopoulos’ conspiracy theories together. Durham fabricated a key part of the theory of his case. He ignored key events — most notably, Trump’s invitation for Russia to hack his opponent — that made all the actions of Hillary’s people make sense. He relied on a Twitter account as the foundation of his indictment against Igor Danchenko, then whined when such communications were deemed inadmissible without a witness to introduce them.

Yet ultimately, the rules of criminal procedure and some very very good defense attorneys (no doubt paid with life savings) managed to thwart Durham’s efforts to spin from his own fevered imaginations a conspiracy implicating Hillary Clinton.

For that, Matt Gaetz accused Durham of “inoculating” the FBI.

Your report seems to be less an indictment of the FBI and more of an inoculation — lower case I, of course. And like many inoculations, it may have worse consequences down the road. It’s just hard to pretend as though this was a sincere effort. When you don’t get to the fundamental thing that started the whole deal.

Because reality ultimately debunked Durham’s conspiracy theories, Gaetz deemed him to be part of the Deep State.

I get that Matt Gaetz’ nomination is one of the most likely to be rejected by the Senate. I get that there’s still a chance this guy — the guy who proclaims even a fellow conspiracist part of the Deep State if he permits himself to discover that reality doesn’t back his fever dreams — won’t be Attorney General.

But this is what it means that Trump wants to take a hammer to DOJ and FBI: not just that they’ll avoid any investigations implicating Trump or his allies, but they will find a way to meld reality to their own myth.

As it was, Bill Barr’s DOJ added post-it notes to evidence in ways that happened to feed Trump’s myth of grievance. They claimed travel records of the informant with something akin to a Let’s go Brandon cap matched his claims about Joe Biden accepting a bribe when, purportedly, the opposite is true.

Bill Barr’s DOJ already made shit up to feed Trump’s myth.

Since then, a Trump judge admitted a laptop full of evidence at a criminal trial with little more validation than an access to an iCloud account to which multiple outsiders had access, and an email sent to a publicly available email address.

But whoever Trump installs atop DOJ will take all this one step further. No longer will it be a select crony US Attorneys who forget to remove post-it notes with erroneous but convenient dates or claim travel records say the opposite of what they actually say. It will be the litmus test from the top: Donald Trump’s myths cannot fail, they can only be failed.

Update: Gaetz has withdrawn from consideration.




David Weiss Dons His “Let’s Go Brandon” Frame

In a bid to defeat a motion in limine from Alexander Smirnov prohibiting mention of his nine lawfully owned guns, David Weiss’ prosecutors revealed that they only want to use the guns, if necessary, to prove ownership of other things found in a search of Smirnov’s home, including an anti-Biden hat.

On February 21, 2024, after securing a search warrant signed by United States Magistrate Judge Brenda Weksler, FBI agents executed a search of the defendant’s residence in Las Vegas. During the search, agents found nine firearms. Agents also found other items, including electronic devices, and other evidence, such as a hat emblazoned with an anti-Public Official 1 euphemism. These items are directly relevant to the charges in this case. For example, the government plans to introduce communications found on the defendant’s electronic devices that similarly evidence bias again Public Official 1. And the hat seized from his residence demonstrate the same bias, which bears on the defendant’s motive in providing the FBI with false derogatory information about Public Official 1, who was a candidate for President of the United States, in the months leading up to the 2020 election.

On one level, by all means, show us Alexander Smirnov’s Let’s Go Brandon hat! It’ll work wonders in Los Angeles!

On another level, I can’t help but think that David Weiss’ team has just given Smirnov (who might well get a pardon anyway after Trump is inaugurated) a case for selective prosecution.

Smirnov, recall, is accused of lying to the FBI and in so doing causing the filing of a false report.

But these very same prosecutors — Derek Hines and Leo Wise — were in the last year faced with witnesses with an anti-Biden bias, the guy who sold Hunter Biden a gun in 2018 and the Delaware cop who first spoke to the gun shop owners, the former of whom (according to a filing from Abbe Lowell) similarly caused a false document to be filed, the gun purchase form to which his staffer belatedly added a claim that Hunter had provided a second form of ID when he purchased the gun. Hines and Wise have not charged those people, even though they reportedly sent WhatsApp texts during the 2020 election in an effort to publicize the gun purchase, the same kind of biased messages that Hines and Wise intend to submit to prove their case against Smirnov.

It also reveals a now-exposed attempt by the gun store to fabricate a false narrative about the gun sale. Palimere said the addition of the seller transaction serial number (“5,653”) may have been added on October 26, 2018. (TAB 4, Palimere FD-302 at 4). He said the vehicle registration reference was added in 2021. Yet, the government provided WhatsApp communications from October 2020 and February 2021 between Palimere, friends of his, and then-Delaware state trooper Vincent Clemons3 (see TABs 6 – 6C), all of which refer to the form, a plan to send it to others, needing to get their stories straight about what occurred in 2020, and wanting the gun sale issue and the form exposed during the Presidential campaign.

3 Not to be lost is the fact that Clemons was the Delaware State Police officer who first arrived at Janssens’ grocery store on October 23, 2018 when Hallie Biden threw a bag containing the handgun into a trash can in front of the store. It was Clemons who took statements about the handgun from both Hallie and Hunter Biden and was part of filling out an official police report on the issue. Two years later, he is in the communications with Palimere about the Form 4473, one of which states: “Yep your side is simple – Hunter bought a gun from you, he filled out the proper forms and the Feds approved him for a purchase.” (emphasis added). Palimere later responded, “I’ll keep it short and sweet as well: Hunter bought a gun. The police visited me asking for verification of the purchase and that’s all I can recall from that day. It was over 2 years ago.” (TAB 6B, 10/26/20 Palimere-Clemons Texts at 4, 6.) The reference to filling out the “proper forms” is not lost on defense counsel given what transpired thereafter. And, despite the importance of Clemons (e.g., the person who actually took the statements), the Special Counsel is foregoing him as a witness to call two other Delaware officers instead.

I’m at a loss to imagine how Hines and Wise would distinguish the doctored gun form from the FD-1023 from Smirnov they claim is false. Both were an effort to criminalize the Biden family during the 2020 election. If anything, the retroactively doctored gun purchase form was more dangerous. And yet Hines and Wise charged Smirnov but didn’t charge the gun shop owner. Indeed, they successfully buried precisely the kind of texts showing bias they want to use against Smirnov.

This apparent double standard regarding doctored forms comes even as prosecutors are trying to prevent Smirnov from invoking Hunter’s failed plea hearing to claim (falsely) that Hunter got a sweetheart plea deal. In a filing signed by Wise, prosecutors claim that Smirnov was not mentioned at Hunter’s failed plea hearing, and so he would have no evidentiary reason to rely on the transcript.

[C]ontrary to the defendant’s representation, in the 110 pages of transcript attached to his motion, there is not a single reference to (1) the defendant or this prosecution, (2) “the sitting President,” (3) any accusations against the defendant, (4) the defendant’s “loyal service” to the FBI, or (5) that the defendant was a “Russian Spy.”

I asked Weiss’ spox whether Leo Wise was really claiming that Smirnov went unmentioned. “We will decline to comment beyond our statements and filings in court,” he replied.

But when Leo Wise responded to Judge Maryellen Noreika that, yes, even though Hunter Biden had been assured a month earlier there was no ongoing investigation, that there was in fact was an ongoing investigation,

THE COURT: All right. So you said there might be additional charges. Are you at liberty to tell us what you’re thinking those might be or is that just a hypothetical that there might be?

MR. WISE: It was a hypothetical response to your question.

THE COURT: Is there an ongoing investigation here?

MR. WISE: There is.

THE COURT: May I ask then why if there is we’re doing this piecemeal?

MR. WISE: Your Honor may ask, but I’m not in a position where I can say.

And then said he could still charge FARA violations,

MR. WISE: So I can tell you what I think we can’t charge. I can’t tell you what the ongoing investigation is. So, for instance, I think based on the terms of the agreement, we cannot bring tax evasion charges for the years described in the factual statement to the Plea Agreement. And I think we cannot bring for the firearms charges based on the firearm identified in the factual statement to the Diversion Agreement.

THE COURT: All right. So there are references to foreign companies, for example, in the facts section. Could the government bring a charge under the Foreign Agents Registration Act?

MR. WISE: Yes.

And then got Special Counsel status that would only be required if Weiss were pursuing something implicating Joe Biden — like Smirnov’s bribery claim — he almost certainly was invoking Alexander Smirnov.

Wise made that claim even while Smirnov was still fighting to obtain material on David Weiss’ decision to chase the Smirnov allegation (there was a hearing on this yesterday, but nothing is docketed on it yet).

The Defendant requested communication related to the request that U.S. Attorney David Weiss’s team “assist” with “an investigation of allegations” related to the FD-1023. The government refuses to produce this material and ignores that fact that the government chose to include the following language in the Indictment: “In July 2023, the FBI requested that the U.S. Attorney’s Office for the District of Delaware assist the FBI in an investigation of allegations related to the 2020 1023. At that time, the United States Attorney’s Office for the District of Delaware was handling an investigation and prosecution of Businessperson 1.” Accordingly, not only did the government, in its Indictment, place the communications at issue, it is clear that the communication are relevant and discoverable. This request has been outstanding since March 5, 2024.

And the apparent double standard comes as Smirnov is attempting to put the conduct of Smirnov’s FBI handler — the guy who didn’t take alarm when Smirnov sent him already debunked Fox News disinformation — at issue.

The dispute over the handler’s conduct is taking two forms. First, prosecutors are trying to exclude Smirnov’s expert witness Gregory Scott Rogers, a former FBI agent who would testify to errors that Smirnov’s handler made. They’re also trying to exclude the content of three reports on the handling of Smirnov.

It has, predictably, declined into a display of prosecutorial dickishness.

In their motion to exclude Rogers, for example, the same prosecutorial team who claimed sawdust was cocaine made much of the that Smirnov’s expert witness said “upmost” instead of “utmost.”

Next, the disclosure states, “A CHS providing the type and amount of information provided by Smirnov should be handled with the upmost [sic.] diligence.” Disclosure at 5. According to Merriam-Webster, “upmost is frequently used as a mistaken spelling of utmost in its adjective and noun forms.” https://www.merriamwebster.com/grammar/utmost-vs-upmostdifference#:~:text=In%20its%20dictionary%20sense%2C%20upmost,its%20adjective% 20and%20noun%20forms (last viewed by author on November 1, 2024). The government assumes that Rogers meant to say “utmost,” but the fact that he can’t even produce an error free disclosure speaks to the quality of his proposed testimony. In any event, like his opinion that the defendant was “poorly handled,” his opinion that the defendant should have been handled with the “upmost diligence” is also undefined. So what does “upmost diligence” mean? The disclosure doesn’t tell us.

Of course, these prosecutors aren’t above making their own typos, as when a filing signed by Leo Wise uses “again” instead of “against.”

For example, the government plans to introduce communications found on the defendant’s electronic devices that similarly evidence bias again Public Official 1.

Yet they want to treat far more significant errors made by Smirnov’s handler as “essentially ministerial errors.”

Among the errors documented in the Source Reports include getting Smirnov’s name and birth country wrong.

The reports are also critical to the defense, including based on the anticipated testimony of the Defendant’s noticed expert. For example, in the February 13,2013, Field Office Annual Source Report, FOASR, the following deficiencies were noted:

1. The Handler failed to give the CHS extraterritorial travel admonishments;

2. The Handler allowed the CHS to conduct otherwise illegal activity, OIA, outside of approved time periods;

3. The Handler documented the CHS’s true name in the wrong CHS subfile;

4. The Handler placed an unrelated CHS’s NCIC record in this CHS’s file;

5. The Handler identified the wrong country of birth for this CHS in his file;

6. The Handler failed to document appropriate receipts for payments to the CHS;

7. CHS was allowed to conduct personal international travel without appropriate approval and documentation in his file.

In a later Standard Validation Report covering 2013-2021 it was noted:

1. HA continued to fail to appropriately obtain approval and document CHS’s international travel;

2. Derogatory information reported about the CHS and more unreported/undocumented otherwise illegal activity, OIA.

In the Source Validation Report for the period March, 2021-November, 2023 FBIHQ recommended that FBI Seattle, the office where the HA had transferred to from FBI San Francisco in 2019 and brought Smirnov’s file with him, stop operating the CHS noting that they believed that the CHS was no longer fully under the HA’s control, may be committing unauthorized illegal activity, UIA, and concern that the media’s reporting of the CHS’s information concerning the Biden family’s influence peddling in Ukraine would vitiate his ability to continue to function as a CHS. In that same document, it was recommended that CHS be polygraphed. Based upon the records provided by the government, it does not appear that a polygraph of Mr. Smirnov was ever scheduled or conducted.

Smirnov claims he can prove that he said and did things with his handler that did not get documented. If he can prove that, then it’s going to be hard for prosecutors to prove that Smirnov’s claims are lies rather than that the FBI agent fucked up.

That said, there’s something more interesting about the validation reports on Smirnov: They go through November 2023 and still treat him as a viable informant. November is when, on November 7, David Weiss said the Brady side channel would only appear in his final report. November is when, on November 15, Abbe Lowell asked for discovery on the side channel. And November is when, on November 16, CNN reported that the FBI had dropped its pursuit of FARA and bribery allegations.

Smirnov’s lawyers are right there’s a tie between how Hunter Biden was treated and why he was charged. But they’ve got the emphasis wrong.

All the evidence suggests that prosecutors had to charge him or risk their Hunter Biden case too.

Filings

September 26: Smirnov motion to continue

September 27: Weiss response on motion to continue

October 14: Smirnov warns of motion to compel

October 15: Judge Otis Wright denies continuance

October 28: Government response to discovery

October 31: Smirnov reply on discovery

October 31: Smirnov motions in limine

November 1: Government motions in limine

November 4: Renewed bid to continue trial based on delayed discovery

November 5: Motion to dismiss for discovery violations

November 5: Opposition to renewed bid to continue

November 8: Judge Wright denies motion to compel

November 12: Response to motion to dismiss on discovery violations

November 15: Defense response to motions in limine

October 31: Government response to motions in limine