Turkeys and Canaries๐ฆ๐คก ๐ฑ ✡️๐ป๐ฑ ๐คก ๐ฆ
Big Oops: Trump’s retribution plan took a hit this week after Federal Judge Cameron Currie dismissed the criminal cases against former FBI Director Comey and New York Attorney General James. The judge didn’t rule on the many flaws in the cases or on former beauty queen/insurance lawyer Lindsey Halligan’s inept handling of the indictments, instead he ruled that Halligan’s appointment to serve as interim US Attorney was unlawful, meaning all actions she took, including signing the Comey and James indictments, were invalid. The issue is that the Constitution requires that US Attorney nominees be confirmed by the Senate. They can serve in an interim role for 120 days, but presidents only get one bit at the interim apple, meaning that absent Senate confirmation, once the 120-day period has expired for any interim US Attorney, the appointment responsibility falls to the local district court. After Halligan’s predecessor Erik Siebert’s 120-day period expired, the judges in the Eastern District of Virginia appointed him to continue in the role. When he refused to seek a Comey indictment, Trump pushed him out, replacing him with loyalist Halligan. Judge Currie ruled that allowing her appointment to stand violated the Constitution because it would allow Trump to circumvent the Senate confirmation process in Virginia and elsewhere across the country by continuously appointing interim US Attorneys, something that Trump has been doing in several other districts including in NJ where another one of his loyalist lawyers, Alina Habba, is pretending to be the US Attorney. The dismissal was without prejudice meaning that the Department of Justice can move forward with new indictments although it remains unclear whether or not Comey can be reindicted since the statute of limitation for his alleged crime, lying to Congress, has already expired. Attorney General Bondi insists that the judge, who obviously, at least to her, is suffering from Trump Derangement Syndrome, is wrong. She says that as far as she’s concerned Halligan can keep on doing what she’s doing, filing indictments that don’t fly, while the DOJ appeals. As of last night, no appeal has been filed.
The Right Stuff: Having lost, or at least lost for now, one of his retribution battles, Trump is now going after the six members of the House and Senate who’ve reminded members of the military that their oaths are to the Constitution, not the president and that when ordered to do illegal acts, like blowing civilians out of the Caribbean Sea or pommeling innocent people walking while brown here at home, they shouldn’t. To that end Secretary of War and Beer Pete Hegseth has targeted Arizona Senator/Astronaut Mark Kelly, threatening to recall him to the Navy to then prosecute him for what Trump and Hegseth are calling Kelly’s participation in the seditious “illegal orders” video. Kelly isn’t backing down because as fellow Senator from across the aisle Lisa Murkowski put it yesterday “to accuse him and other lawmakers of treason and sedition for rightfully pointing out that servicemembers can refuse illegal orders is reckless and flat out wrong.” That’s a comment that Utah Republican Senator John Curtis concurs with and that many other Republicans know is correct but are keeping quiet about because that’s what they do. Kelly, who Kamala Harris considered as a possible VP running mate, has been positioning himself for a possible 2028 presidential run. With the help of Hegseth and Trump he is now raking in lots of cash because if anything, being targeted is elevating him in the eyes of many. Naturally, it’s not just Hegseth who’s going after Kelly and his five video mates, so is the FBI which has diverted some agents away from fighting real crime but not from accompanying Director Kash Patel’s girlfriend to her Country and Western and Wrestling performances. More than ever, Patel needs to further ingratiate himself with Trump because according to MS NOW (MSNBC), his days serving as FBI director may be numbered. Carol Leonnig, a Pulitzer Prize winning journalist who before joining MS NOW was on the Washington Post’s FBI beat reports that Trump and his top aides have grown “increasingly frustrated by the unflattering headlines Patel has recently generated” and are talking about kicking him to the curb soon. Trump’s Press Secretary Lying Leavitt says that’s fake news. Time will tell.
Ukraine ๐ป๐ป: The Ukraine story keeps getting weirder. Secretary of State Marco Rubio who in his spare time is also the National Security Advisor, National Archivist, and AID Administrator, has apparently wrestled back control, or some control, of the Ukraine-Russia “peace plan” negotiation from son-in-law Jared Kushner, real estate buddy Steve Witkoff, and Putin senior foreign policy advisor Yuri Ushakov(!?!). Apparently, as detailed by Bloomberg News, Witkoff, who has only the nicest things to say about that cool guy Putin, an indication that that former KGB guy knows a mark when he sees one, had been secretly advising Ushakov on the best way for Putin to handle Trump as if Putin needs any advice. Anyway, the “plan” on the table now, that Trump says has only “minor” issues to resolve, no longer has all the items on Putin’s wish list and is therefore more acceptable to Ukraine’s Zelenskyy who is having his own problems at home, something to do with a corruption scandal. While Ukraine and the European crowd are more amenable to the newest version of the plan, Putin maybe not so much because he wants every piece of land where any Russian speakers reside or have ever resided. The over simplified bottom line: Trump is desperate for a peace plan, any plan, because next year’s Nobel Peace Prize beckons and also to be fair, because he doesn’t like that so many people are dying in what he continues to call Biden’s war; Putin isn’t al that interested in anything that doesn’t get him all the land and demilitarization of Ukraine that he wants; and while Ukrainians are suffering they aren’t interested in giving away the whole shop. Maybe Trump is right and a deal is close at hand, maybe not so much. It’s complicated, sadly so.
Health Care: Here’s a surprise, the health plan that Trump promised to announce this week is now on hold, again. This time he actually had a plan backed by some conservatives and moderates that included a two-year extension of Affordable Care Act (Obamacare) subsidies with income caps and other new limits. Though more progressive Democrats were expected to balk at any cutbacks, enough of them might have gotten on board to avoid the premium calamity that’s about to implode. However, Republicans not so much, especially in the Senate where extending the subsidies would require 60 votes. Apparently, most Republicans weren’t kept in the loop, were surprised that Trump was about to announce a plan, and many of them oppose any extension of the Obamacare subsidies. Moreover, most of those who could be arm twisted or otherwise cajoled into extending the subsidies, won’t agree to any extension that allows private health insurers to continue reimbursing for abortion care something that many states allow through separately set up funds, a work around written into the original Obamacare legislation that gets around the Hyde Amendment prohibition against federal funds being used for abortions. Not keeping legislators, particularly in the House in the loop appears to be a bigly problem right now, not just for health care but for everything. Punchbowl News’ Gabe Sherman who is good at ferreting out what Republican House members are thinking reports that many more of them are considering following Marjorie Taylor Greene out the door early next year. As unlikely as it sounds, he says that it’s even possible that through Republican attrition Hakeem Jeffries could become speaker even before the midterm elections. That seems like a stretch, but former Republican Speaker Kevin McCarthy says that Margie Q is the canary in the coal mine so maybe Sherman isn’t far off. In the meantime, a few things to watch. First, as expected Texas and the DOJ are suing to get the decision regarding the new Texas redistricting map overturned and while they consider the appeal, the Supreme Court has reinstated the new R+5 map. Second, under extreme pressure from Trump, Indiana Republicans have decided to proceed with a vote on a Republican friendly redistricting. Third, next week there will be special election in Tennessee to replace Republican Mark Green (no relation to Margie Q) in a deep red district that Trump won by 22 points in 2024. Though it’s highly unlikely that Democrat Aftyn Behn will upset Republican Matt Van Epps, the polls are surprisingly close. Anything under a ten-point victory for Van Epps will be very alarming for Republicans.
Happy Thanksgiving to All!