Nel's New Day

October 4, 2022

News: Supreme Court, DDT Plus More

Deposed Donald Trump (DDT) head to Mesa (AZ) on October 9 for another rally so supposedly campaign for his endorsed candidates Kari Lake (governor) and Blake Masters (U.S. Senate). No mention of another far-right GOP candidate Mark Finchem for Secretary of State. The day before, October 8, he’ll be at the Minden-Tahoe (NV) Airport for Adam Laxalt (U.S. Senate), Joe Lombardo (governor), and “the entire Nevada Trump ticket.” At DDT’s rally last week, people started leaving after 15 minutes, almost two hours early, from the facility not filled to capacity. 

As befits their ideology, six conservative justices appear to lean on their second day toward narrowing voting rights by permitting racial gerrymandering even after a Circuit Court three-judge panel, two of them DDT appointees, ruled the racial discrimination violated the Voter Rights Act (VRA). Justice Samuel Alito went the farthest, possibly willing to make the legal challenges against racial gerrymander even more stringent by “revisiting” Thornburg v. Gingles (1986), in which a unanimous vote blocked North Carolina from partisan racial gerrymandering.  

Justice Ketanji Brown Jackson brilliantly defended the VRA, at least the small piece left after Roberts court destroyed an important part of it in Shelby County v. Holder (2013) to permit racial discrimination and opened the South to voting oppression laws.

For years, conservative justices have driven poor decisions through SCOTUS through their personal views of originalism of WWTFFD—What Would the Founding Fathers Do. Conservative justices have insisted that the Constitution is “colorblind,” allowing them to allow racial discrimination by saying it wasn’t discriminatory. Jackson refused to give in to them. In the arguments on Merrill v. Mulligan to determine the Alabama districting case, the theory emerged again from conservatives. Jackson tutored them and Alabama’s lawyer in the purpose of the 13th, 14th, and 15th Amendments: “provide equal opportunity for formerly enslaved people, using color-conscious remedies whenever necessary to put them on the same plane as whites,” according to Mark Joseph Stern. She added that drilling down in the Constitution shows “that the Framers themselves adopted the equal protection clause, the 14th, the 15th Amendment, in a race-conscious way.”

Alabama Republicans argue that protecting Black citizens’ voting power would violate the 14th Amendment’s equal protection clause. Jackson may lose, but she won’t give up without a fight.

In other business, the Supremes declined to hear Costello v. Carter, challenging Pennsylvania’s court-approved congressional map after the GOP legislature deadlocked with the Democratic governor, an issue with the high court’s upcoming arguments on Moore v. Harper. Perhaps they figure a ruling to give state legislatures carte blanche would render the case moot. Tragically, the chief justice of the Pennsylvania Supreme Court and strong supporter of voting rights, Max Baer, died last Friday. The governor appoints his replacement until an election in 2023, but the legislature may not confirm the current governor’s choice. If extremely far-right Doug Mastriano gets elected in five weeks, the replacement can be a disaster for all rights in the state. In Pennsylvania, the governor also appoints the Secretary of State, who manages elections.

The Supreme Court has another chance to take on a gun issue, this time from Mexico. Alejandro Celorio, the country’s lead attorney, wants to sue U.S. gun manufacturers.  Last year, a judge dismissed a $10 million lawsuit against eight companies making and selling weapons favored by drug cartels with a law giving U.S. companies immunity from liability for guns illegally used by criminals. The lawsuit asserts 70 to 90 percent of guns recovered at Mexican crime scenes are illegally trafficked from the U.S. with the eight companies making over two-thirds of those weapons.    

DDT didn’t waste time sending his appeal to overturn the ruling from the 11th Circuit Court to allow the DOJ to start examining classified documents seized from Mar-a-Lago on August 8; he went directly to Justice Clarence Thomas. He wants the court to give the documents back to his special master. Thomas can refer DDT’s request to the full court, but the question is whether he will.   

Another question is whether anyone will trust DDT with classified documents after 14 of his officials reported on his four-year failure to follow guidelines for handling sensitive government documents. One adviser still seeing him regularly describes him as a “pack rat” and a “hoarder.” Some classified documents could be seen by anyone walking by him, and he didn’t always have them for official purposes.  

This week, DDT was directly connected to withholding federal documents when he asked Alex Cannon, a former DDT lawyer, to lie to the National Archives last February and tell the agency that DDT returned everything the archives wanted. Now DDT is accusing the Archives, as well as the FBI, for planting documents at Mar-a-Lago.  

There’s also DDT’s problems with his social media platform. After months of hype about Digital World, the company behind Truth Social, over three dozen disillusioned investors want a way out of the $1.3 billion to take the startup public. Last October, Digital World’s stock skyrocketed from $10 to $175 but dropped to $17.10 this week, ten percent of its high. A year later, the company faces the threat of liquidation, and backers had to pony up another $2.9 million in September to extend a deadline until December 8 for finalizing the deal. Digital World already moved from luxurious office space to a UPS store.

Bad news has piled up: a Securities and Exchange Commission investigation into illegal stock trading, a lawsuit by a scorned business partner against going public, investors promising $138 million have already pulled out, and reports that the social media platform isn’t paying its bills. Truth Social’s web host, RightForge, threatens legal action with claims that it is owed $1.6 million after the social platform paid for only three months since Truth Social inception in February 2021. In response to questions about the financial viability of Digital World, DDT said, “I don’t need financing. I’m really rich!” He just doesn’t pay his bills.

Investors may be unnerved by the trend for Truth Social to run QAnon advertising explicitly referencing a coming storm and including Q in the logo. The ads follow DDT sharing posts from over 100 QAnon accounts with images of DDT wearing a Q lapel pin. This week, he promoted QAnon and its predisposition of violence by tagging its image of a burning Q on top of the U.S. flag. Recent DDT’s and Truth Social’s promotion of QAnon has occurred at the same time as an increase in QAnon-linked violence. In June, Kash Patel, former DDT official and Truth Social board member, said, “We try to incorporate [QAnon] into our overall messaging scheme to capture audiences. Analysts state the social platform’s biggest problem is its narrow audience, lacking diversity of opinion and content—an echo chamber for DDT’s followers. 

DDT has twice endorsed Jair Bolsonaro for his last Sunday’s election, but the “Trump of the Tropics” lost his election by over five points. Unfortunately, his opponent, former President Luiz Inácio Lula da Silva, was short of 50 percent by 1.2 percent. The runoff is on October 30.

After VP Kamala Harris said that North Korea has a “very important relationship” with the U.S., DDGT called her a “North Korea sympathizer.” This from the man who “fell in love” with Kim Jong-Un.

Eager for more attention, DDT is suing CNN for defamation; he wants $475 million. He claimed the network used its influence to defeat him politically.

More clarity has come out about Florida Gov. Ron DeSantis’ use of federal monies authorized for Florida use to ship 48 migrants from San Antonio (TX) to Martha’s Vineyard after lying to them about their advantages and destination. Migrants were lured onto the flight with lies from a woman calling herself “Perla.” Her last name is Huerta, and she is allegedly a “former combat medic and counterintelligence agent” discharged after two decades in the U.S. Army that included several deployments in Iraq and Afghanistan. She was sent from Tampa to Texas to help execute DeSantis’ plot. Migrants suing DeSantis plan to name Huerta as a defendant in the civil suit, leaving her open to deposing her for details about Florida administration’s potential involvement in the deception. Under immigration law, the asylum seekers aren’t “unauthorized aliens” as DeSantis claims.

Possibly to put the GOP back into control of the U.S. government, OPEC may cut oil production at a Wednesday meeting, driving up the price of gas in the U.S. Since June, gas prices have dropped by one-third from $120 to $80 a barrel, easing inflation. OPEC countries want to have greater control over the world’s oil production as the U.S. became a bigger player in the oil market. OPEC also blames the dollar’s rising strength for decreasing revenues.

Another Republican violated his state’s voting laws by creating a fake ID and using it to vote in multiple elections, this one Alabama’s GOP chairman John Wahl. The state government never issued him an ID, and he wasn’t on any state list of employees. Wahl claimed State Auditor Jim Zeigler gave him permission to make the ID himself, but Secretary of State John Merrill said he told Wahl it is not a valid voter ID. Although Wahl blamed poll workers for forcing him to use the ID through harassment, he also had a driver’s license that he could have used for a legal ID when voting. And he lied about not having made the ID himself.  

July 30, 2022

Udates, News on July 30, 2022

News from the past week have led to extensive updates:

Ukraine: The 12 HIMARS sent from the U.S. are stopping Russia from gaining air superiority in its invasion, according to the Pentagon, and British defense officials said Ukraine has successfully repelled small-scale Russian attacks in the Donbas region. Ukraine announced that its fighting in the Kherson area destroyed over 100 Russian soldiers and seven tanks as well as stopping rail traffic across the Dnipro River, cutting off Russian forces west of the river from supplies out of Crimea and further east.

Missing January 6 texts: Department of Homeland Security Inspector General James Cuffari, appointed by Dictator Donald Trump (DDT), refused to collect agency phones in an attempt to recover deleted Secret Service texts. After a senior forensics analyst in Cuffari’s office collected the phones, Cuffari’s told investigators to not take the phones and not seek any data from them. Sen. Richard Durbin (D-IL), Judiciary Committee chair, asked the DOJ to intervene in the investigation of the missing texts.

Sen. Richard J. Durbin (D-Ill.), chair of the Senate Judiciary Committee, issued a statement Friday calling the missing messages “an extremely serious matter” and said he would ask the Justice Department to intervene. Reps. Bennie Thompson (D-MS), chair of the House January 6 investigative committee, and Carolyn Maloney (D-NY) have asked that Cuffari be replaced in the investigation. Text messages from former acting homeland security secretary Chad Wolf and acting deputy secretary Ken Cuccinelli, both appointed by DDT, are missing for a key period leading up to the Jan. 6 attack, but both of them said their phones had the texts when they gave their phones to DHS. Secret Service Director James Murray, another DDT-appointed official in the missing text scandal, will need to delay his retirement at the end of July for a job at Instagram because of the investigations.

The PACT Act: GOP senators scuttled a bill they had already approved expanding VA healthcare for seriously ill military veterans who were exposed to toxic burn pits of waste. Immediately before Republicans voted against support for veterans, they tweeted their admiration for the veterans. After their negative votes, Ted Cruz (TX), Steve Daines (MT), and others gloated with joyful fist bumps and handshakes on the chamber floor in a video that has gone viral. Republicans complained the bill’s change in the House would allow Democrats a “slush fund,” but it kept other agencies from siphoning off the healthcare funds. Democrats threaten delaying the August recess with 15 Republicans needing to campaign for the 2022 election. Bill advocate Jon Stewart’s response to the happy GOP senators.

Kentucky’s flooding:  Kentucky’s death toll from flooding has gone to at least 25 with “still a lot of people unaccounted for,” according to Gov. Andy Beshear. Since the beginning of heavy rainfall last Wednesday, almost 300 people have been saved, but more rain is forecast for Sunday. The historic flooding follows the deadliest tornadoes in its history killing over 70 in December 2021.

More Florida regulations: Gov. Ron DeSantis has attacked a Miami restaurant hosting drag shows in the presence of children by threatening to pull its liquor license. DeSantis consistently approves of parental decisions—if they do what he wants. Parents criticize the accusation that the drag show violates the state statute opposing anything “injurious to people’s morals and manners.” DeSantis says that drag shows will “sexually abuse” young people. A state representative pointed out that DeSantis doesn’t mind children going to Hooters restaurants, that he thinks “it’s only sexually explicit if it’s LGBTQ+.” DeSantis doesn’t mind hurting trans children. He told schools to ignore federal guidelines protecting transgender youth, threatening repercussions if they follow Title IX guidelines.

Gaetz donations for abortion access:  Misogynistic rants by Rep. Matt Gaetz (R-FL) about how anti-abortionists are too ugly to “impregnante” raised over $1 million for abortion access within 72 hours after he personally attacked Olivia Julianna, a member of Gen Z for Change. By late Saturday, July 30, the fund had about $2 million to provide access for this “critical reproductive health care.” Gen Z is defined as people born between 1997 and 2012. Representing one-tenth of the electorate thus far, the racially-diverse Gen Z grew up with technological expertise and are more pragmatic and financially-minded after watching their parents take huge hits in this area. Although similar to Millennials, born between 1981 and 1996, Gen Z is more progressive on social issues and believe the government should take a bigger role in solving problems, including climate change which they attribute to human activities.  

And a bit of more news:

High oil prices are causing inflation and tremendous ire from people in the U.S., but major gasoline companies are raking in huge profits.  The three largest Western oil companies—Chevron, Exxon, and Shell—made a record $46 billion in total profits last quarter, with $17.9 billion going to just Exxon. It’s profit of $2,245.62 comes to more than four times as much as the same time period in 2021. The Wall Street Journal wrote:

“Exxon’s oil and gas production was up about 4% from the same period last year. Chevron’s oil-and-gas production declined globally about 7.4% compared with the same period a year ago, largely due to the end of projects in Thailand and Indonesia, though its production rose in the U.S. by about 3.2%.”

One word for that practice is “profiteering.” Sen. Jeff Merkley (D-OR), said, “The oil companies are ripping Americans off.”

Following DDT’s goal of keeping immigrants out of the U.S., he required fingerprinting and extensive background check for every household member, instead of only the sponsor, where an unaccompanied child would live. Before DDT’s order, this practice was followed only because a safety concern. Children spent weeks and sometimes even months longer in custody. DDT’s office said the practice was unworkable but continued it without any further information that children were at risk. Thanks to a lawsuit, the U.S. will now establish fingerprinting deadlines for parents and sponsors trying to get unaccompanied immigrant children out of government custody, seven days for appointments and ten days for completion of processing with tracking reports.

n Austin (TX), podcaster Alex Jones is facing his first Sandy Hook defamation trial and not doing well in defending his accusation that the mass shooting of 22 children and six educators was a hoax. His attorney, Andino Reynal, flipped off opposing counsel Mark Bankston inside the courtroom. Producer Daria Karpova, defense-selected representative for Jones’ network Infowars, characterized his 2017 interview with Megyn Kelly, then on NBC, as about the Sandy Hook shooting, allowing the plaintiffs to play the 17-minute segment in open court. In the video, Jones said that the images of children fleeing Sandy Hook “looked like a drill” and admitted his “research” came from internet articles. He had refused to apologize for any of his statements. Karpova then talked about the stress of representing Jones because people told horrific lies about him when testifying about the man who called the Sandy Hook massacre a hoax involving actors and trying to increase gun control.

Perhaps seeing the writing on the wall, Jones’ media company Free Speech Systems filed for bankruptcy on Friday. Plaintiffs are asking for $150 million to the family of one child killed in the 2012 mass shooting. Last April, Jones’ company Infowars and two more of his business entities filed for bankruptcy, which delayed the trial until now. His lawyers said the current bankruptcy filing won’t delay the current trial, expected to conclude this coming week. Courts in Texas and Connecticut already found Jones liable for defamation in default judgments against Jones without trials because he failed to respond to court orders and turn over documents. In court records, Jones claimed he was $20 million in debt, but he made over $165 million between 2015 and 2018 in sales of nutritional supplements and survival gear. He also asked his Infowars listeners for donations.

A federal judge dismissed a $195 million lawsuit from a Catholic school student against six national media outlets for defamation after reporting on Nicholas Sandmann’s actions while he was in Washington, D.C. for an anti-abortion rally in 2019. A combined $1.25 billion came from the inclusion of lawsuits against seven other media organizations in the suit. Reports of Sandmann’s interaction with Native American rights activist Nathan Phillips at the Lincoln Memorial included videos, indicating racial motivation. The judge said the reporting of Phillips’ statement that Sandmann “blocked him and wouldn’t allow him to retreat” was the activist’s opinion for which the media couldn’t be sued. The quote couldn’t be proved true or false. Three other media outlets had previously settled with Sandmann. Depicting himself as a 16-year-old victim, Sandmann plans to appeal in a case which the majority of Supreme Court justices could use to overturn the constitutional freedom of the press.

DDT is in trouble with voters for supporting Saudi Arabia by hosting the LIV golf tournament, the Saudi’s attempt to eliminate the historic PGA tour, at his resort. He may also be breaking federal law by using the presidential seal on items such as towels and golf carts at the Bedminster (NJ) golf course.

People who get more spam in your email can blame the Republicans. GOP fundraising dropped off so Republicans attacked Google for putting fundraising emails into spam despite no evidence. Google may be forced into exempting campaign emails from spam detection.

August 9, 2021

Republicans Caused COVID Surge

All the COVID news from Florida is worse. A week ago, NBC reported, “The state has become the new national epicenter for the virus.” The weekend showed Florida breaking another of its records for new infections, and COVID-related hospitalizations are an all-time high. Fatalities are climbing in Florida. Gov. Ron DeSantis is fighting the coronavirus by blocking all methods to stop infections—“no to lockdowns, no to school closures, no to restrictions, and no [to] mandates.” He followed that by lambasting public-health officials, President Joe Biden, journalists, and immigrants. 

After officials threatened to disobey DeSantis’ order, his office threatened to withhold salaries of officials, including superintendents and school board members, who mandate masks in schools. DeSantis believes his new surges are “tolerable” and don’t need “a robust response to quell.” He blasted reporters for spreading “hysteria” about the growing number of state infections, hospitalizations, and deaths. Not all Republicans, however, agree with him. Yesterday on CNN, Sen. Bill Cassidy (R-LA) disagreed with DeSantis and said, “The local officials should have control here.”

DeSantis also lost the battle with the cruise lines. A judge had ruled in favor of his banning Norwegian Cruise Lines from mandating vaccination proof if they dock in Florida. Yesterday, a federal judge issued an order that removed DeSantis’ ban, ruling that the cruise line would be “irreparably injured” by DeSantis’ policy. The cruise line argued that Florida violated the First Amendment and interferes with interstate commerce. Republicans typically tout the rights of private businesses but not with the vaccine.

Travel from 49 states in the U.S. would be banned to Florida if it were a country. Jonathan Reiner, a professor and expert on infectious diseases at the George Washington School of Medicine and Health Sciences, said only Botswana and the state of Louisiana had “higher” viral loads of COVID.

Some Republicans fight back by blaming the Democrats for not encouraging vaccinations. For example, Sen. John Barasso (R-WY) maintained that his party supports vaccines. He may not have heard Rep. Marjorie Taylor Greene (R-GA) comparing vaccine mandates to segregation and calling on people in Biden’s vaccination push to be shot. She laughed when a reporter asked her if she felt responsible for deaths caused by her vaccine disinformation. [Visual – Greene laughing]

Sen. Rand Paul (R-KY) told his state to resist the CDC guidance, saying, “They can’t arrest all of us.” He continued by claiming House Speaker Nancy Pelosi (D-CA) plans to arrest him and his staff. Paul is up for reelection in 2022.

Defense Secretary Lloyd Austin has asked Biden to require the 1.4 million military service members to be vaccinated by waiving the federal law giving people a choice if the vaccine is not fully authorized by the FDA, an action expected by Labor Day. Last month, Biden mandated either vaccinations or frequent testing for federal employees. Over 30 percent of active-duty troops have not been vaccinated. The military requires 17 FDA authorized vaccines for a number of diseases including flu, measles, mumps, polio, tetanus, and yellow fever. The State Department and Pentagon again require indoor mask use.

Texas school districts and a non-profit group are suing Gov. Gregg Abbott for his ban on mask requirements in schools, and Dallas ISD will require masking. Other school districts are considering mandates on masks. On August 8, 254 counties had 2.7 million cases. Joining Florida with one-third of the new infection cases, Texas is in such bad shape that Abbott asked hospitals to delay nonessential procedures and requested medical care from other states.

Arizona Gov. Doug Ducey has also banned mask requirements in schools despite outrage from physicians who wrote Ducey:

“Your prohibition on mask requirements means no Arizona school can provide a safe learning environment,” the group of over 150 doctors wrote. “Each and every one of our students and their educators deserve better.”

A major excuse for vaccine denial is that vaccinated people have breakthroughs, yet only 0.01 percent of fully-vaccinated people have suffered hospitalization or death. That’s 1,507 deaths and 7,101 hospitalizations out of the over 164 million people vaccinated against COVID.

Vaccinations radically slowed down after two-thirds of the population, desperate to receive them, managed to get the shots. After that, vaccine deniers, still known in the media as “skeptics” or “doubters,” took over through conservative and social media. They weren’t even persuaded by the diversity of bribes to protect themselves and others. Worldometer puts the number of infections at over 36 million, today’s new cases at 102,375. Deaths are over 633,000 in the U.S.

Men exhibit more reluctance to protecting themselves and others from COVID—including masks, hand-washing, and vaccinations—than women, and a study shows that men trying to project traditional masculinity represent a larger number of vaccine deniers. Men identifying as the most masculine are more likely to attend gatherings of more than 10 people. The “completely masculine” are almost twice as likely to accuse mask-wearing as “dangerous to the health of the wearer” and three times more likely to be infected with the coronavirus. GOP men also comprise the largest percentage of vaccine deniers; eight times as many Republicans as Democrats refuse to be vaccinated.

Vaccine denial also comes from a variety of conspiracy theories, many of them from Fox network—especially Tucker Carlson. Beyond guests talking about microchips and magnets in the vaccine, Fox has reported about deaths, paralysis, and the lack of need for any vaccine. Carlson has said that wearing masks has “no basis in science.” Very little has been said on Fox network about the vaccine’s safety until recently.

According to John Culhane, an intentional bad act of one allows another to sue for personal injury, property damage, and economic loss caused by the wrongful activity. Deliberate representation is fraud, and viewers may have the right to a claim.

“First, the plaintiff has to prove that the defendant made a misstatement of fact, knowing that it was false or with reckless disregard as to whether it was true or false. (“Reckless disregard” means that the defendant did no investigation at all, but just put the statements out there.) Examples of such misstatements on Fox are abundant… [Samples]

“To prevail on a fraud claim, the plaintiff next has to show that the defendant intended that the injured party rely on the misrepresentation (this can be inferred from the fact that Fox holds itself out as a purveyor of news) and that the plaintiff reasonably relied on the misstatement. Each potential plaintiff would have to allege, and then prove, that they had relied on Fox and the ‘expert’ making the statements that induced them to forgo vaccination. It’s impossible to imagine that at least some of the sickened and killed didn’t count on Carlson, his guests, and the rest of the Fox misinformers, and it would be hard to hear Fox attorneys claim that no one should “reasonably” rely on what their news station puts out. (Ironically, the network has successfully made this argument in court before, but in a case that involved statements by Carlson that might reasonably be seen as hyperbole. It’s a different story when he puts out information—some of it from so-called experts—that makes demonstrably false claims in a case involving hard facts.)

“The final requirement for a successful fraud claim is a showing of economic loss, which would be easy enough. Hospital bills not covered by insurance, lost wages, and even lost income from the deceased, in a wrongful death situation, are some ready examples.

“But one final hurdle remains. Although such a case would look strong when ticking through the requirements of a fraud case, this situation does not look much like a traditional claim, which typically involves a direct out-of-pocket loss that was itself intended by the fraudulent party. More run-of-the-mill cases would include stock fraud, or selling someone a used car the seller represents as safe, but which has a shoddy transmission of which he had knowledge. Yet even though the misstatements in this case seem designed not so much to bilk viewers out of money directly, it could be argued that Fox News intended to pad its bottom line by catering to a particularly conspiracy-minded market by pushing its anti-vaccine garbage.

“Even beyond the potential economic gain to Fox, though, at least some courts have been willing to extend fraud claims to situations where the defendant’s conduct violates a strong public policy—even without demonstrable economic loss…

“In our world of segmented media, Fox News watchers rely heavily on what they hear on the network. They trust Fox to deliver truthful information. No greater breach of that trust can be imagined than relating misinformation designed to keep people away from lifesaving vaccines… How many … people relied on Fox News? Perhaps we will one day find out in court.”

Talking about the vaccine, conservatives claim right to privacy. A question is whether they will stop buying the Apple iPhone now that the company has new tech to search the phones for child pornography. Software can scan all photographs on the phone. Apple’s “Siri” will also “intervene” if it hears an inappropriate question about sexual abuse or child pornography. Microchips in vaccines are fake; Apple’s new search software is real—like technology’s other methods to violate privacy.

February 9, 2021

Impeachment Trial Day One, More DDT Losses

On the first day of the second impeachment trial of Deposed Donald Trump (DDT), lawyers used DDT’s favorite defense—victimization. David Schoen vigorously complained the Democrats had impeached DDT only because they hated him. The rest of their argument covered up his incitement of violence and accused Democrats of playing the videos of DDT’s speech followed by the mob at the Capitol only for “blood sport”—a “sport” that DDT loved watching on January 6.

DDT’s lawyers argued he was “horrified” about what was happening and “immediately” moved to stop the attack. Yet a senior official, one of DDT’s former aides talking about DDT’s enjoyment at watching the mob’s attack said DDT was “loving watching the Capitol mob.” Both Republicans and Democrats begged DDT to ask his supporters to stop, but DDT remained silent while watching the tragedy on television. He waited hours to tell the rioters, who he called “special,” to halt and didn’t call for any military help, leaving the responsibility to then VP Mike Pence, whose life was threatened in the coup attempt.

The team of DDT’s two failed attorneys, Bruce Castor and David Schoen, gained a third—Michael van der Veen. None of them is a constitutional lawyer, and van der Veen, a personal-injury attorney, sued DDT last year for “repeated claims” about mail voting being fraudulent “despite having no evidence in support of these claims.” Van der Veen sued DDT and Postmaster General Louis DeJoy for decreasing “sufficient access to vote by mail” through operation “delay.” Castor works for a firm founded by van der Veen, well known in Philadelphia for his huckster advertising on a local radio station regarding personal injury representation.

In arguing the constitutionality of an impeachment trial for DDT, Schoen invalidated the second penalty of disqualified the convicted person from future office, “always and only imposed on former officials,” according to Michael Gerson. Schoen believes the word “and” between the two penalties makes them “inextricably entwined” although “and” is a grammatical structure, not a mandate for two elements becoming one.

The vote from 44 GOP senators agreeing with DDT that impeachment is “unconstitutional” matched the consistent failure of Republicans to follow the U.S. Constitution in their effort to protect DDT—and themselves. For example, these GOP members of Congress have ignored the Emoluments Clause in order for DDT to illegally make money from foreign governments. The “yes” votes from 46 Democrats, 6 Republicans, and 2 unaffiliated senators demonstrates the unity which Biden seeks, and a secret vote could let some of the 44 naysayers change their vote. One-third of them are up for re-election in fewer than two years, and DDT has sworn revenge on non-loyalists. Four leading GOP senators—Richard Burr (NC), Rob Portman (OH), Richard Shelby (AL), and Pat Toomey (PA)—have already said they won’t be running; of the remaining 16, only one, Lisa Murkowski (AK), voted that the impeachment is constitutional. (Left: map for 2022 senatorial elections: Blue – Democratic incumbent; Orange – Republican incumbent; Red – Republican retiring; Gray – No election)

Even DDT recognized how bad his attorneys performed on the first day, especially after Bruce Castor traded places with David Schoen to take the opening. Castor explained he went first because “the House managers’ presentation was well done” and he wanted to drop the emotional temperature. His patronizing approach failed as evidenced by criticism from such GOP senators as Texans John Cornyn and Ted Cruz. When Sen. Bill Cassidy (R-LA) was asked in what way DDT’s lawyers did such a bad job, he answered, “Did you watch them?” Even Alan Dershowitz, a former member of DDT’s legal team, told Newsmax he couldn’t figure out what Castor was doing in his opening presentation.

Part of DDT’s fury about his lawyers may have come from Castor’s statement that DDT is no longer a president and that DDT could be criminally charged if he weren’t convicted in an impeachment. In his opening, Castor said:

“After he’s out of office, you go and arrest him. So there is no opportunity where the President Of The United States can run wild in January at the end of his term and go away scot-free. The department of justice does know what to do with such people.”

The quality of DDT’s lawyers, however, may make no difference. It is assumed the fix in in, that over one-third of the senators, all Republicans, will vote against conviction no matter the evidence or pathetic ability of DDT’s lawyers. On Fox, Sen. Mike Lee (R-UT) claimed DDT deserves a “mulligan” because “everyone makes mistakes.” Like a person elected as president trying to overthrow the government and sending people how to commit violence and kill people in giving him what he wants.

In an article for the conservative Bulwark, Sarah Longwell, active in the Lincoln Project and co-founder of Republicans for the Rule of Law, wrote:

“There is something deeply, cosmically unfair about a group of elites force-feeding voters a lie about a stolen election, bilking them out of their money, demanding with the most overheated rhetoric that they ‘fight’ to save the country—and then avoiding all responsibility while those people are hauled off to jail for doing what they’d been asked to do. Look: the people in mobs are supposed to be held accountable for their actions. That’s the law. But there’s also a whole section of the law which realizes that the creation and instigation of a mob is, itself, a criminal action. And people who do that are supposed to be held to account too.”

Outside the impeachment, DDT keeps losing:

A U.S. District Court judge temporarily halted a massive ConocoPhillips oil project on Alaska’s North Slope in the western part of Arctic Alaska. Based on a lawsuit that DDT’s administration failed to consider environmental impacts, the order stops gravel-related work until February 20, giving time for the 9th Circuit Court to look at the case. The judge’s order permits continued work on ice roads which melt in summer. Biden’s review of DDT’s oil policies includes this project.

A man who took over $38 million in no-bid federal contracts to provide N95 masks for the VA and FEMA; he pled guilty to fraud, theft, and lying after delivering no masks. To get the contract, he said he lied about having the masks when he no plan to find or buy them. The federal government supported price gouging and profiteering by hiring contractors with no experience in finding PPE. The contractor, an Air Force veteran, benefited from the program giving forgivable loans when he provided false tax forms claiming 37 employees instead of his actual nine. He has since repaid most of the $805,000 he received while pleading guilty to taking $261,000 from the Economic Injury Disaster Loan Program for his personal extravagant spending. He also collected almost $74,000 from VA benefits by lying about being a disabled Marine corporal.

A judge has ordered Herring, the owner of far-right One America Network, to pay Rachel Maddow, host of an MSNBC show, $258,000 for its failed defamation lawsuit against her. Maddow reported an OAN journalist also contributed to Russia-owned news outlet Sputnik and accused OAN of being “paid Russian propaganda.” Herring demanded $10 million in damages from Maddow and plans to appeal while it faces a lawsuit from Dominion voting machines for a two-hour conspiracy video by MyPillow CEO Mike Lindell about his baseless claim the 2020 presidential election was rigged.

The federal government could have blocked the Russian hacking of both its agencies and businesses with a free cybersecurity system, in-toto, developed with $2.2 million taxpayer funding. The system was first adopted in 2018 by Datadog, a competitor of SolarWinds which allowed the hacking into its software. Datadog’s customers include Nasdaq, Whole Foods, and Samsung. The hacked SolarWinds has 320,000 customers in 199 countries, including 499 of the Fortune 500 companies, and its Orion products, responsible for the cyberattack, bring the company 45 percent of its over $1 billion revenue.  “We make IT look easy” is SolarWinds slogan.

A big promise from DDT was to eliminate U.S. trade deficit. Last year’s trade deficit was the biggest and worst ever—worsening by six percent at $916 billion. Exports dropped by 13.2 percent to $1.43 trillion, the worst since George W. Bush’s recession in 2010. Goods imports fell by 6.6 percent to $2.35 trillion. Half the decline came from the 38 percent plunge–$120 billion to $80 billion—in petroleum products, the lowest since 2002. More bad news is here. 

The DOJ has dropped a lawsuit against Stephanie Winston Wolkoff, a former friend of Melania Trump, for releasing taped conservations between the two women when Trump children’s separation and holiday decorations at the White House. Conservative David Frum called the case “an abusive deployment of state power for personal revenge,” and  Attorney Bradley Moss called Trump “a petulant and tiny person unworthy of the role she held.” Moss also tweeted it was a “stupid lawsuit that was dead on arrival and flew in the face of decades of first amendment precedent.”

According to a recent ABC News/Ipsos poll, 56 percent of people think DDT should be convicted; they also say by a 17 percent margin that the GOP has more radical extremists than Democrats. In a POLITICO/Morning Consult poll, 58 percent believe DDT should either “probably” or “definitely” be barred from running for public office in the future. One-third of Republicans want DDT to testify in his impeachment trial.

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