Slouching Towards Oblivion

Showing posts with label fuckery. Show all posts
Showing posts with label fuckery. Show all posts

Friday, October 27, 2023

Today's GOP Fuckery


Because a painful, and potentially deadly pregnancy is god's punishment for being a woman.

And maybe the same can be said for breast cancer.

So AIDS is god's punishment for being gay.

And I guess that means testicular cancer is god's punishment for being a total dick about everything.

Apparently, Republicans just can't stand anything that ends up helping women and minorities and queer folk and poor people.


Republicans delay more than $1 billion in HIV program funding

Life-saving PEPFAR program has been ensnared for months in a broader political fight around abortion


Republicans have delayed more than $1 billion in funding for the President’s Emergency Plan for AIDS Relief, better known as PEPFAR, the latest complication facing a lifesaving HIV program that has been ensnared in a broader political fight around abortion.

Created by President George W. Bush in 2003, PEPFAR has been credited with saving more than 25 million lives around the world. The nearly $7 billion annual initiative, which is managed by the State Department, has distributed millions of courses of medicine to treat HIV, funded testing and prevention services, and supported an array of other interventions. Dozens of foreign governments rely on PEPFAR as a key partner.

The program has traditionally enjoyed bipartisan support in Congress, which has reauthorized it every five years. But lawmakers this fall failed to reauthorize PEPFAR by a Sept. 30 deadline amid claims from conservative advocacy groups that the program is inadvertently funding abortions overseas — allegations that Biden officials, PEPFAR staff and public health leaders say are unfounded and threaten the program’s mission.


PEPFAR can continue to operate without congressional authorization, with much of its current funding intact. But Republicans have been placing holds on notifications that the State Department is required to send to Congress before PEPFAR spends any additional money, according to four people with knowledge of the funding delays, three of whom spoke on the condition of anonymity to discuss private negotiations.

The GOP-led House Foreign Affairs Committee in August began objecting to language in PEPFAR’s country and regional operational plan, which offers guidance to partners around the globe about how to administer the aid program, according to the people with knowledge of the dispute.

The Republicans’ funding delays and objections, which have not been previously reported, center on PEPFAR’s use of terms relating to abortion, transgender people, sex workers and other areas, with the committee repeatedly demanding rewrites from the State Department. The negotiations have delayed the State Department from releasing more than $1 billion in funding for PEPFAR — funding that the program is planning to use to buy medicines, pay for staff and support other essential PEPFAR functions, several of the people said. PEPFAR officials have pushed back on some of the requested changes, including an attempt by House Republicans to change how terms such as “human rights” appear in the document.

Keifer Buckingham, advocacy director for the Open Society Foundations and a former Democratic congressional aide who worked on PEPFAR’s last reauthorization in 2018, said that prior PEPFAR documents used similar language and addressed the same issues.

“None of that phrasing is new … and it’s not like policy has dramatically changed,” Buckingham said, adding that House Republicans’ complaints about PEPFAR language are “ideological” and parallel their domestic political priorities around abortion and transgender issues.

The State Department confirmed that the House Foreign Affairs Committee has delayed approving the notifications that are required for allocating funds to PEPFAR.

“The delays in approval are straining PEPFAR country operations and threatening PEPFAR’s ability to continue implementation,” the State Department said in a statement. “If the [notifications] are not approved very soon, PEPFAR’s lifesaving work and gains will be threatened.” The department did not specify the amount of funding at stake.

Lawmakers have placed holds on PEPFAR funding in prior years in hopes of securing changes or getting answers about the program. But experts noted that the climate around the program has shifted in the wake of last year’s Supreme Court ruling on Dobbs v. Jackson Women’s Health Organization, which effectively overturned the national right to abortion.

“If the current [funding] delay is based on these larger issues that have also stymied reauthorization, it would be a potentially serious situation,” said Jennifer Kates, director of global health and HIV policy at the health policy nonprofit KFF.

The House Foreign Affairs Committee referred questions to the State Department.

Stuck in a stalemate

Republicans’ hold on PEPFAR funding comes as lawmakers continue to debate whether to reauthorize the program for one year, five years or not at all. In the wake of the Dobbs ruling, Republicans have alleged the Biden administration is using PEPFAR and other programs to support abortion access, a claim that public health experts roundly deny.

“PEPFAR’s never been an abortion program,” John Nkengasong, the program’s director, said in remarks Monday at the Center for Strategic and International Studies, a think tank based in Washington. “It is not and will never be because there’s a law, the 1973 Helms amendment,” which restricts U.S. foreign assistance programs from funding abortion abroad, he added.

Public health experts have clamored for lawmakers to swiftly reauthorize PEPFAR for five years through what is known as a “clean reauthorization” — effectively rolling over the current structure. Current and former PEPFAR officials said that a five-year reauthorization would protect the program from political pressures and help global partners plan their strategies.

Asking Congress to vote every year to reauthorize PEPFAR “is basically asking for the appropriations over time to dwindle down and [in] an irrevocable way,” Mark Dybul, a former head of the program, said at the CSIS event.

The Biden administration has also warned that Congress’s delay to reauthorize the program is “damaging the United States’ image globally, particularly in Africa,” and threatening plans to acquire supplies, roll out innovations and take other steps that require certainty about PEPFAR’s long-term viability.

But some Republicans want to reauthorize the program for just one year — arguing that it would allow a future GOP president to make changes to it. Conservative advocacy groups also have warned lawmakers that a vote to reauthorize PEPFAR in its current form will be viewed as a vote to support abortion abroad.

House Republicans last month advanced a measure that would extend PEPFAR funding for one year while reinstating a Trump-era policy, Protecting Life in Global Health Assistance, that explicitly bars global assistance funds from being used for abortion.

Rep. Michael McCaul (R-Tex.), the chairman of the House Foreign Affairs Committee, said that he had “high hopes” that lawmakers could reach a compromise to reauthorize PEPFAR.

“Time is running out and it’s critical to find a path forward and get PEPFAR reauthorized. I know all parties involved in this discussion care about PEPFAR’s success,” McCaul said in a statement. “But that means they also all need to be willing to come to the negotiating table — and everyone needs to be prepared to give a little.”

Having failed to sway holdout Republicans by focusing on PEPFAR’s public health accomplishments, advocates are increasingly touting the program’s national security implications. The George W. Bush Institute sent a letter to congressional leaders Wednesday, signed by more than 30 organizations and leaders in global health, foreign relations and faith communities, saying that a five-year “clean” reauthorization would help fend off strategic rivals seeking influence in regions that rely on PEPFAR support.

“As authoritarian China and Russia seek to increase their influence in Africa by any means possible, PEPFAR has been a shining example of compassion, transparency and accountability, as well as a massive strategic success story for the United States,” the letter reads. “Abandoning it abruptly now would send a bleak message, suggesting we are no longer able to set aside our politics for the betterment of democracies and the world.”

Deborah Birx of the Bush Institute, who led PEPFAR during the Obama and Trump administrations and helped organize Wednesday’s letter, said the congressional debate over the program “is bigger than PEPFAR,” citing the growing political divides over foreign aid, funding the Defense Department and other areas that were traditionally bipartisan.

“There are places where this country has compromised across the aisle for issues that transcend any specific party,” Birx added. “That’s what PEPFAR was about — translating the best of America.”

PEPFAR’s fate has been further clouded by uncertainty in Congress, as House Republicans spent most of October without a speaker, paralyzing legislative efforts in the chamber. Lawmakers and staffers told The Washington Post that it was unclear whether newly elected House Speaker Mike Johnson (R-La.), who is staunchly antiabortion and a longtime ally of conservative advocacy groups that allege PEPFAR is funding abortions abroad, would favor swiftly reauthorizing the program.

Johnson’s office did not immediately respond to a request for comment.

The Senate’s PEPFAR efforts have also been disrupted. Sen. Bob Menendez (D-N.J.), who was steering Democrats’ efforts and working with Republicans to find a deal, stepped down last month as Senate Foreign Relations Committee chair after he was indicted over allegations he accepted bribes in exchange for exerting political influence. Sen. Ben Cardin (D-Md.), who had not been closely involved in the PEPFAR negotiations, is now serving as committee chair.

Lawmakers in both parties have discussed attempting to attach PEPFAR’s reauthorization to a larger bill to fund the government at the end of this year, but congressional staffers and experts have said they remain cautious about its prospects.

“If the only conversation is abortion, we’re not going to have a reauthorized bill,” Dybul said this week, calling on public health experts “to stand up, to speak, and not allow the misinformation to win.”

PEPFAR partner organizations across the globe said they are nervously watching the congressional negotiations, which have raised international questions about whether the United States remains committed to its long-running HIV program.

“The anxiety we are causing to patients and health workers is unfair,” Nkatha Njeru, the coordinator and CEO of Nairobi-based African Christian Health Associations Platform, wrote in an email.

It is unclear what will end the logjam. Bush appealed to Congress to reauthorize the program for five years in an op-ed in The Post published last month, and senior officials from both parties have increasingly issued their own pleas.

“I can’t think of another thing like PEPFAR until I go back to the Marshall Plan,” said Bob McDonald, who served as secretary of Veterans Affairs during the Obama administration and who co-signed the letter sent by the Bush Institute on Wednesday. “Imagine if we had been against the Marshall Plan.”

Asked how to break the political stalemate, Nkengasong called for a “dialogue” with the program’s critics. “We have to have a forum where we have an honest conversation … and lead with facts and not misinformation and disinformation,” the PEPFAR chief said.

Friday, October 20, 2023

Oh, Mr Jordan

Jim Jordan lost again - 3rd time's the charm I guess. And his losing margin got three votes bigger - so he quit the race.


House Republicans retreated into private caucus for an hour or so, where they voted by secret ballot, and Jordan was ... uhm ... de-selected as the Speaker candidate.

86 said, "Yeah, Jim - you're our guy."

112 said, "Fuck off, Jim."

It's interesting that out of those 112 who voted NO in secret, only 25 of them had the balls to vote that way on a roll call vote, on the floor of the House, where they have to say it out loud.

A couple of things to remember.
  1. The MAGA strong-arm tactics got even uglier than they usually are - loud and aggressive harassment of members, and their staffers, and their families, up to and including outright death threats. But it backfired, making more people less likely to support Jordan. I'm not feeling all warm-n-fuzzy about maybe this is some kind of turning of the worm, but I may be able to hold out a bit more hope. (as always - hopeful but not yet optimistic)
  2. I haven't seen anything in this yet to dissuade me from my belief that Republicans are deliberately causing dysfunction.

Oh yeah - almost forgot. Apparently god got it wrong (?)

Thursday, October 19, 2023

The Great Karen-ing

Don't sleep on this.

Republicans want to strip away as much of our protections as possible - while gaslighting us with their spiel about "defending the real America from government tyranny".

North of 90% of the book banning that goes on right now is the work of 11 people.

This is not conservative ideology - this is Daddy State fuckery of the highest order.



Saturday, October 14, 2023

The Chaos Caucus


And the Press Poodles at WaPo are at it again - diligently ignoring the obvious.



Republicans nominate Jordan for House speaker after Scalise withdrawal

But the Ohio congressman faces a steep hill in getting the 217 votes needed in the full House

By Amy B Wang, Marianna Sotomayor, Jacqueline Alemany and Leigh Ann Caldwell

House Republicans on Friday elected Rep. Jim Jordan (Ohio) as their new speaker-designate, yet he faces the same daunting mathematical conundrum that bedeviled the brief attempt of Majority Leader Steve Scalise (La.) to claim the gavel.

Keeping up with politics is easy with The 5-Minute Fix Newsletter, in your inbox weekdays.
In an hours-long closed-door session Friday, GOP lawmakers — many of them visibly frustrated after a week of infighting — heard pitches from Jordan and Rep. Austin Scott (Ga.), who launched a last-minute bid for the speakership Friday morning.

Jordan — who narrowly lost to Scalise in a GOP vote earlier this week before the Louisiana Republican withdrew from the race a day later — emerged this time as the conference’s nominee with 124 votes, while Scott received 81 votes. Jordan’s vote tally was marginally higher than Scalise’s 113 count, suggesting he has much work ahead of him in getting to the 217 votes required to get elected by the full chamber.

Jordan’s elevation would cement the Republican Party’s shift to the far right — especially in the House — and would install as speaker someone who was a key ally in former president Donald Trump’s efforts to overturn the 2020 election and a leading defender against Trump’s impeachment for his role in the Jan. 6, 2021, attack on the U.S. Capitol.

⬆︎⚠️ It's obvious that the GOP is sprinting (ie: not "shifting") to the far right. How does that little nugget get buried in the 4th paragraph - like it's an afterthought.

Going hard right is kinda the whole fucking point here.🚨

Jordan’s nomination was less a celebratory breakthrough and more of an unsteady mile marker for a Republican conference that has been plunged into chaos this week amid deep divisions. GOP lawmakers’ inability to unite around a single candidate has left the House without a permanent speaker for more than a week after Kevin McCarthy (Calif.) was removed from the job — paralyzing the chamber even with another government funding deadline looming and a war breaking out in the Middle East.

After Jordan was nominated Friday, Republicans immediately held another vote within the conference, also a secret ballot, on whether they would support him as the nominee on the floor. The aim was to see if Jordan would be able to win with at least 217 Republicans to avoid the debacle that befell Scalise. In that second vote, Jordan received 152 yes votes and 55 no votes, while one lawmaker voted present.

Afterward, lawmakers were told they would reconvene Monday. Rep. Garland “Andy” Barr (R-Ky.) said Jordan asked for the weekend to win over more support ahead of a Monday floor vote.

“Who the speaker ultimately ends up being is less important to me than a functioning majority. That’s what I want members to keep in mind,” Barr said. “Steve wasn’t able to get there, so I’m hoping Jim can.”

Minutes after the House convened Friday morning, Republicans went into a closed-door session to consider proposed conference rule changes aimed at ensuring future nominees would have the support necessary to win the speakership in a floor vote. However, all the proposals were eventually withdrawn, according to three lawmakers who spoke on the condition of anonymity to discuss the private session.

Rep. Steve Scalise (R-La.) arrives for a House Republican gathering at the U.S. Capitol on Thursday. (Matt McClain/The Washington Post)
Complicating Jordan’s path, Scott announced Friday that he, too, would run for House speaker. The dean of the Georgia Republican delegation told reporters that he had “no intention” of launching a last-minute bid for speaker but said Republicans were not doing things “the right way.”

“We are in Washington to legislate, and I want to lead a House that functions in the best interest of the American people,” Scott wrote on X, the platform formerly known as Twitter, on Friday morning.

McCarthy — who supported Jordan for the speakership after he was ousted — said he was encouraging others to do the same, though he couched it with the fact that members needed to make their own decisions. In Friday’s conference meeting, Rep. Tom McClintock (R-Calif.) again raised his proposal to vote to condemn last week’s motion to vacate McCarthy and renominate him for the speakership.

Many Republicans were cheering, according to people in the room, but McCarthy then approached the microphones and told the conference to support Jordan.

Someone tried to “make a motion to bring me back, and I just [said], ‘No, let’s not do that,’” McCarthy said after the meeting.

Jordan will spend the weekend calling allies to help him shore up support from 56 Republicans who did not vote for him in the conference.

Several Scalise supporters remain hesitant about voting for Jordan, particularly after Jordan did not give an immediate and full-throated endorsement of Scalise. Rep. Don Bacon (R-Neb.) said Friday that he still had concerns about Jordan following his treatment of Scalise and didn’t want to “reward bad behavior.”

Rep. Mario Diaz-Balart (R-Fla.), a staunch Scalise ally, said no pressure would change his mind to support Jordan on the floor next week. If Jordan couldn’t persuade people to follow him on something as basic as a speaker vote, Diaz-Balart argued, then it did not bode well for more complicated matters down the line like negotiating appropriations bills, the debt limit or national security issues.

“This is, frankly, I hate to say this, the simplest thing we do, right? And if you can’t get your own people to follow you on a very simple thing like this, then I think you have an issue,” he said.

Some vulnerable Republicans who represent districts President Biden won in 2020 were also nervous about what a Jordan speakership could mean for them electorally. Jordan is known nationally as one of Trump’s strongest allies, and Rep. Mike Garcia (R-Calif.) admitted Thursday night that recognition could hurt him in his district. But he also echoed a position some governing moderates have taken, which is that he would support Jordan because Republicans need a speaker to get back to legislative business.

“I have absolutely no objection” to Jordan becoming speaker, Rep. Marcus J. Molinaro (R-N.Y.) said. “No one cares about how we get there. They just want us to get back to governing.”

What isn’t helping Jordan in terms of garnering support is how his allies have behaved: They have threatened some of those vulnerable Republicans, telling them that if they didn’t vote for Jordan behind closed doors, they would get primary challenges in their elections, according to two people familiar with the discussions who spoke on the condition of anonymity to reveal private conversations.

Another House Republican said those lawmakers who vote against Jordan on the second ballot may soon feel the wrath of “the Trump effect” unleashed on them to get them to bend toward Jordan. A Trump aide said the former president and his team are unlikely to be involved in whipping the vote — though they are tracking the status of the speaker’s race.

Asked about allegations that Jordan’s allies were threatening lawmakers who did not vote for Jordan, Russell Dye, a Jordan spokesman, said: “That is totally untrue.”

Concerns about Jordan’s past controversies also started to surface this week. The lawmaker has been accused by several Ohio State University wrestlers of knowing about sexual abuse allegations against the team’s doctor when he was a coach but doing nothing about it. An Ohio State independent investigation into the abuse did not make “conclusive determinations” about whether particular employees knew about the abuse by Richard Strauss, but a report issued later in 2019 said coaches did know.

Dye said in a statement this week that “Jordan never saw or heard of any abuse, and if he had, he would have dealt with it.”

The earliest the House could vote for speaker is Monday evening. Several Republicans were not in attendance at their conference Friday — because they were either physically no longer in Washington or because they were so angered by their own colleagues that they are now viewing these gathering as pointless — and it is unlikely the GOP will hold a vote with several absences. All week, Republicans publicly described their unproductive gatherings as “therapy sessions” or Festivus, a fictional holiday from the show “Seinfeld” that requires an airing of grievances.

Minutes after Jordan was chosen as speaker-designate, House Minority Leader Hakeem Jeffries (D-N.Y.) said the House Freedom Caucus co-founder had now become the “chairman of the chaos caucus” and “an extremist extraordinaire.” Jeffries also pointed at Republicans who have back-channeling with Democrats about a bipartisan solution to electing a consensus speaker to step up and vote against Jordan on the floor.

“Republicans can continue to triple down on the chaos, the dysfunction and the extremism,” Jeffries said on the Capitol steps. “On the other hand, traditional Republicans can break away from the extremism, partner with Democrats on an enlightened, bipartisan path forward so we can end the recklessness.”

Wednesday, October 04, 2023

Cracking It Open


(This is a repeat/update of a post from 09-30)

This Hall character is kinda the poster boy for Mike Flynn's project to have goons going around seizing voting machines.

There are so many aspects to this enormous attempt to kill American democracy, it's a wonderment any law enforcement outfit has been able to do anything.

The unraveling has begun, and it's picking up a little steam, but there is a very long stretch of very treacherous road still ahead of us.


Saturday, September 30, 2023

Big Doin's Down Georgia Way


There has to be some probability that this Scott Hall character is kind of a keystone - that if he's rolled over on Powell, then a significant section of the coup plot (that hasn't gotten a lot of play) will come to light, which could easily lead to a cascade of damning revelations about how wide and deep this fucked up mess really is.
  • Georgia
  • Michigan
  • Wisconsin
  • Pennsylvania
  • Arizona
  • Nevada
  • New Mexico
If we get lots of shit hitting lots of fans, then I have to hope that more than just the politicians and operatives get spattered. Somebody had to bankroll the thing, and there has to be any number of wealthy wannabe-plutocrats who should not be left unspattered.


Tuesday, September 12, 2023

Documenting The Fuckery

I suspect most people will tag this TL;DNR. OK fine - don't give it its due - ya big baby.

Look, I suck at reading. It took me like 40 minutes to get thru this thing. At least give it a shot. Get some of the background on what we're up against.




What Ginni Thomas and Leonard Leo wrought: How a justice’s wife and a key activist started a movement

Thanks to the Supreme Court’s Citizens United ruling, a trove of so-called “dark money” was about to be unleashed. Two activists prepared to seize the moment.


The Supreme Court’s decision in the 2010 Citizens United case transformed the world of politics. It loosened restrictions on campaign spending and unleashed a flow of anonymous donor money to nonprofit groups run by political activists.

In the months before the ruling dropped in January of that year, a group of conservative activists came together to create just such an organization. Its mission would be to, at the time, block then-President Barack Obama’s pet initiatives.

The activists included Federalist Society leader Leonard Leo and his ideological soulmate, a hard-edged activist named Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas.

“Ginni really wanted to build an organization and be a movement leader,” said a person familiar with her thinking at that time. “Leonard [Leo] was going to be the conduit of that.”

She also had a rich backer: Harlan Crow, the manufacturing billionaire who had helped Thomas and her husband in many ways, from funding luxury vacations to picking up tuition payments for their great-nephew.

At the time, the Citizens United ruling was widely expected, as the court had already signaled its intentions. When it came, it upended nearly 100 years of campaign spending restrictions.

The conservative legal movement seized the moment with greater success than any other group, and the consequences have shaped American jurisprudence and politics in dramatic ways.

From those early discussions among Leo, Thomas and Crow would spring a billion-dollar force that has helped remake the judiciary and overturn longstanding legal precedents on abortion, affirmative action and many other issues. It funded legal scholars to devise theories to challenge liberal precedents, helped to elect state attorneys general willing to apply those theories and launched lavish campaigns for conservative judicial nominees who would cite those theories in their rulings from the bench.

The movement’s triumphs are now visible but its engine remains hidden: A billion-dollar network of groups, most of which are registered as tax-exempt charities or social welfare organizations. Taking advantage of gaps in disclosure laws, they shield the identities of most of their donors and some of the recipients of the funds. Among those who’ve been paid by the groups are leading thinkers and individuals with close personal ties to Leo — including a whopping $7 million to a group run by a close friend and his wife. They also include a for-profit business for which Leo himself is chairman and which received tens of millions of dollars from his nonprofit network.


Leo’s role as the central figure in this movement has long been known, culminating in his acquisition last year of what many believe to be the largest political donation in history. Few are aware of the extent to which the movement’s baby steps were taken in concert with Ginni Thomas.

Two months before the Citizens United decision, but after the justices had signaled their intentions by requesting new arguments, attorney Cleta Mitchell — later to play a role in Donald Trump’s false claims about the 2020 elections — filed papers for Ginni Thomas to create a nonprofit group of a type that ultimately benefited from the decision. Leo was one of two directors listed on a separate application to conduct business in the state of Virginia. Thomas was president. She signed it on New Year’s Eve of 2009, and Crow provided much of the initial cash. A key Leo aide, Sarah Field, would come aboard to help Thomas manage the group, which they called Liberty Central.

After Liberty Central went public, it provoked an outcry over a Supreme Court justice’s wife promoting causes like overturning Obamacare that were before her husband’s court. Leo and Thomas changed gears. His network reactivated a dormant group, the Judicial Education Project, which would go on to become a major supplier of amicus briefs before the nation’s highest court. She created a for-profit consulting business using a similar name — Liberty Consulting — that enabled her to perform consulting work for conservative activist groups.

The Judicial Education Project supplied some of her business: Documents indicate Leo ordered at least one recipient of his groups’ funds, Kellyanne Conway, to make payments to Ginni Thomas for unspecified work, according to a Washington Post story earlier this year.

Now, Liberty Consulting is a focus of interest from congressional committees probing the Supreme Court’s ethics disclosures. Senate Democrats have demanded that Leo and Crow provide a list of “gifts, payments, or other items of value” they’ve given Thomas and her husband.

Meanwhile, Leo’s network of nonprofits — whose annual donations have skyrocketed into the hundreds of millions of dollars — is the subject of an investigation by the Washington, D.C., attorney general, POLITICO reported last month. The probe followed a POLITICO report in March that raised questions about whether Leo’s groups were enriching him and his friends by hiring their businesses and donating to their nonprofit groups.

Together, the probes have combined to raise the question of whether Leo’s groups have taken advantage of lax disclosure laws to send additional business and funds to Ginni Thomas, among other activists. That would be legal as long as Thomas was providing services commensurate with the payments.

“The real question then is, ‘what is Ginni Thomas qualified to do, what did they pay her to do, and was it fair market value?’” said Laura Solomon, a Pennsylvania tax attorney who represents hundreds of charitable and other tax-exempt organizations and philanthropists.

Leo, Thomas, Crow and Conway did not respond to questions about their financial relationships, and whether Leo’s groups continued to ask contractors to work with Thomas.

Asked how much money overall Leo has directed to Thomas, when the payments began and if they ever stopped, a Leo spokesman responded: “No comment.”

Thomas’ representative, attorney Mark Paoletta, did not respond to questions.

In a July 25 letter to Congress, Leo’s lawyers said his advocacy work is protected under the First Amendment and that any congressional inquiry into his relationships with Supreme Court justices is “politically charged” and tantamount to harassment.

In a July interview with The Maine Wire, a conservative outlet near his home, Leo spoke about his efforts to “defend the Constitution” and why his nonprofit groups don’t reveal their donors.

“It’s not to hide in the shadows,” he said. “It’s because we want ideas judged by their own moral and intellectual force.”

Launching a Movement

Many people trace the start of the conservative legal movement to 1982, the year of the founding of the Federalist Society, which provided a forum for law students and professors with conservative ideas to incubate their theories.

But the movement that has had such a profound impact on the courts today — one that involves money and politics, more than legal theories or principles — gained steam in the wake of the Citizens United decision.

The case followed a highly unusual path — one blazed by a five-justice conservative majority who seemed determined to strike a blow against campaign finance restrictions.

Initially, the dispute centered on whether a conservative nonprofit’s unflattering documentary on former Democratic presidential candidate Hillary Clinton violated campaign finance laws. Instead of resolving the case along the lines argued by the lawyers, the justices took the unusual step of asking for re-arguments based on a sweeping question — whether they should overrule prior decisions approving laws that limited spending on political campaigns.

The re-argument took place on Sept. 9, 2009. Two months later, on Nov. 6, Mitchell filed an IRS application on behalf of Ginni Thomas to form the group that became Liberty Central Inc. Paperwork Thomas signed on New Year’s Eve listed Leo, then the Federalist Society’s executive vice president, as one of two directors. Field, one of Leo’s right-hand people on state courts at the Federalist Society, came aboard to help Thomas in her new endeavor.

Neither Field nor Mitchell responded to requests for comment.

The application was approved seven days before Clarence Thomas joined the 5-4 majority on a decision that would open the door to a new era of major spending on groups like the one his wife was forming. After putting up $500,000, the lion’s share of her nonprofit’s seed money, Crow held an event for Ginni Thomas at his palatial home in Dallas. The group later made clear its goal was disassembling President Barack Obama’s agenda, mainly the Affordable Care Act.

The Supreme Court

Justice Anthony Kennedy, a Ronald Reagan appointee, assumed in his majority opinion in Citizens United that donations and spending around such groups would be transparent. Justice Thomas, in his concurring opinion, argued against “forcibly disclosed donor information,” which could “pre-empt citizens’ exercise of their First Amendment rights.”

The Citizens United decision — which extended free speech rights to corporations, nonprofits and unions — effectively curbed efforts to rein in political spending, while paving the way for follow-up rulings from courts and the Federal Election Commission that would unleash additional billions of dollars in donations. Those donors would spawn a boom in tax-exempt “charitable” and “social welfare” groups as vehicles for spending on political activity.

A key part of the attraction to these groups was that they could shield the identity of donors, many of whom are reluctant to invite scrutiny of their own agendas.

Speaking out

Just five weeks after the decision, on Feb. 18, Ginni Thomas took the stage at CPAC, an annual gathering of the nation’s most prominent conservative activists. Wearing a white T-shirt emblazoned with a Liberty Central logo, Thomas introduced herself as an “ordinary citizen from Omaha, Nebraska” who felt “called to the front lines” of a battle against “arrogant elites” who “think they know how to manage our lives from cradle to grave.” She evoked the passing of “patriots,” including her 91-year-old mother and Barbara Olson, who had perished in the plane that hit the Pentagon on Sept. 11, 2001, as her inspiration.

“When she was gone, I knew I had to work harder,” Thomas said of Olson, whose widower, Ted, had been a lawyer for Citizens United.

Thomas did not credit Crow, Leo or the Citizens United decision for her new grassroots initiative. That year, she was paid $120,500 from Liberty Central, according to tax records.

The group was destined to have only a short lifespan, thanks in part to a misstep by Thomas. In October, she left a voicemail for Anita Hill, the woman who had accused her husband of sexual harassment during his confirmation hearings in 1991. In it, Thomas demanded an apology for the 19-year-old accusations.

“I would love you to consider an apology sometime and some full explanation of why you did what you did with my husband,” Thomas reportedly said, asking Hill to “pray about this.”

The ensuing news reports drew unwanted attention to Thomas’ new nonprofit, which by then was expressly targeting Obama and his agenda. The news led many ethics specialists to question whether it was appropriate for a Supreme Court justice’s spouse to be leading such a political effort, especially with the court preparing to consider a high-profile challenge to Obama’s health care initiative.

The following month, it was reported that Thomas was stepping down from her top leadership position at Liberty Central, which was eventually absorbed into another nonprofit. Leo came to her defense, bemoaning the “spat of press stories about a single phone call that she made.”

Incorporation records show Thomas had already pivoted to form her own for-profit consulting firm in the state of Virginia. On Nov. 16, Thomas’ “expedited service request” to incorporate her consulting business was approved. And Leo turned to another vehicle he could use to pay her with no apparent paper trail. The Judicial Education Project, a tax-exempt charity that had been founded by three of Leo’s associates in 2004 but soon became dormant, was reactivated and began receiving donations in 2010.

And far from retreating, Thomas merely moved her networking behind the scenes.

“She remained active in the [conservative legal] movement for sure,” said the person who had attended early meetings about her plans and who was granted anonymity to discuss private meetings. “People just always assumed she had to stay below the radar.”

She was a frequent attendee at major coordinating events among conservative nonprofits and was considered “a very popular activist figure,” the person said.

Thomas’ brief run as president of her own nonprofit had given her a taste of a lifelong dream. Thomas grew up tagging along with her mother, a Nebraska GOP Party activist. A 1986 Good Housekeeping article that mentioned the young Virginia Lamp said she aspired to run for Congress, but her biggest challenge was “finding a husband who’ll be supportive of a woman in public life.”

Liberty Central had been explicit about its intent to assist “citizen activists,” launching an “activism how-to website” in August and an ad campaign a month before the 2010 midterm election in which challenging Obamacare was the conservative movement’s primary objective.

Thomas continued her activism after leaving the nonprofit, with Leo helping to send money in her direction.

According to the documents obtained by the Post, Leo told Conway he wanted her to “give ... another $25K” to Thomas and that the records should have “no mention of Ginni, of course.” At Leo’s behest, Conway’s polling firm billed the Leo-affiliated JEP $25,000 that day as a “Supplement for Constitution Polling and Opinion Consulting,” the documents show.

In all, Leo arranged for between $80,000 and $100,000 to go to Thomas through Conway for unspecified work in 2011 and 2012, according to the documents.

Limiting disclosures

There is no direct paper trail for JEP’s spending on Conway’s business, let alone Thomas.

The IRS requires that nonprofits must identify only their top five highest-paid contractors making more than $100,000 annually, but that leaves many contractors off the list. True North Research, an investigative watchdog group, found at least $25 million of the $240 million that JEP has spent on grants and expenses since 2010 — including salaries and contractor fees — went to people whose identities were not revealed.

“This money could have gone to anyone,” said Lisa Graves, the leader of True North Research and former deputy assistant attorney general in the Clinton administration.

In its filings for the year after Leo asked Conway to give money to Thomas, the JEP reported spending a total of $150,000 on “polling,” which could have covered the payments, but Conway’s firm, The Polling Company, was not listed on its paperwork. A spokesman for Leo said JEP used “multiple polling contractors” and that he is “unaware” of any connections between Thomas and those contractors.

In 2011, the judiciary’s policy-making body, a panel overseen by Chief Justice John Roberts, received a complaint from a sitting judge after a watchdog group revealed that Clarence Thomas hadn’t reported hundreds of thousands of dollars earned by his wife.

Clarence Thomas filed amended reports, explaining that his wife’s income was “inadvertently omitted due to a misunderstanding of the filing instructions.” No formal review was conducted, though the panel asserted there was no “willful” wrongdoing by the justice.

The filing requirements themselves were porous enough, however, that justices could effectively omit naming any of their spouse’s clients or the amount of money they were receiving. Thus, in subsequent disclosures, Clarence Thomas would go on to simply list that his wife had received money from her consulting business, without detailing how much or from whom, or whether any of the people paying her had interests before the Supreme Court.

Likewise, gaps in disclosure requirements for nonprofits were large enough that no one could keep track of who was funding Leo’s network. In some instances, the gaps were exacerbated by irregularities. In 2011, JEP reported to the IRS having received no more than $50,000 in donations, even though another Leo-aligned entity, the Wellspring Committee, reported having given JEP $136,000 that year. A spokesman said JEP took in more than expected and accounted for the surplus in a subsequent reports.

The lack of a requirement to report donors became more noteworthy as JEP’s revenue began to grow.

In 2012 — the year Leo asked Conway to direct payments to Thomas through Conway’s polling business — the formerly inactive nonprofit reported receiving $1.5 million. The next year, Thomas’ former law clerk, Carrie Severino, became one of the group’s three directors; by 2014, the nonprofit’s annual revenues were up to $9 million from nothing reported just five years previously, according to tax filings.

Severino did not respond to questions through the Judicial Crisis Network, another Leo-aligned group which she heads.

Pushing an agenda

Meanwhile, JEP was becoming a major vehicle for filing amicus briefs on behalf of the conservative legal movement seeking to influence the Supreme Court. More than just expressions of support for one side or the other, these briefs often encompassed extensive fact-finding and analysis, spanning scores of pages. The goal was to offer conservative justices arguments that they could incorporate into their opinions.

The lead attorney on the first amicus brief JEP joined was former Thomas law clerk John Eastman, who would later advise Trump on theories for overturning the 2020 election. The brief argued that Obamacare’s provision requiring minimum coverage was an “oppressive mandate” and that it was “tainted” by “abuses of the legislative process.” With the support of Roberts, the court ruled against JEP’s position. Clarence Thomas, along with the other conservative justices, joined a dissent that would have found the individual mandate unconstitutional. In later years, the mandate would be effectively ended by Congress repealing its tax penalties.

Many of the JEP’s subsequent briefs listed Severino as counsel of record.

In 2013, JEP filed a Severino-authored brief arguing in favor of striking down a Massachusetts law that made it a crime to stand within 35 feet of entrances to abortion clinics. The state claimed the law was necessary to prevent clashes between demonstrators. JEP, however, argued that abortion clinics provide “incomplete and misleading information about the abortion procedure” and that the law interfered with the rights of “sidewalk counselors.” The court unanimously struck down the law, though a five-justice majority rejected JEP’s contention that the law was aimed at curbing the rights of anti-abortion protesters.

The University of Texas Tower is shown on the university campus.
In 2015, JEP filed a brief in support of a petitioner challenging a University of Texas affirmative action program. | Ronald Martinez/Getty Images

In 2014, JEP weighed in on the landmark case of Burwell v. Hobby Lobby, in which the court decided that companies can opt out of contraception coverage for employees based on the owners’ religious objections. The opinion, written by Justice Samuel Alito and joined by Clarence Thomas, adopted many of the arguments JEP made in its Severino-authored brief, mainly that Obamacare’s coverage requirements burdened the Hobby Lobby owner’s right to free exercise of religion.

In 2015, JEP filed a brief in support of a petitioner challenging a University of Texas affirmative action program, which it called a “back-door” and secretive process. Clarence Thomas and Alito agreed it was “categorically unconstitutional.” The court’s majority disagreed, but later, in 2023, a more conservative court would adopt the position advocated by JEP.

Curbing oversight

Efforts to determine who was funding such advocacy, and whether they had direct interest in the cases, are complicated by gaps in disclosure rules and oversight of nonprofit groups. The rules governing such groups were designed for traditional charities such as Kiwanis Clubs or PTAs. But once activist groups started organizing under the same tax provisions, the IRS was forced to become the arbiter of what constituted politics and what did not.

Since JEP was registered as a charity, “the [IRS] limitations are very clear that you can’t do anything engaged in politics” and cannot organize a nonprofit for the benefit of any private interest or individual, said John Koskinen, a former IRS commissioner from 2013 to 2017 who reviewed the paperwork provided by POLITICO. Though such groups can engage in advocacy and limited lobbying, they are prohibited from participating in campaigns for or against political candidates.

Those who claimed the IRS wasn’t properly scrutinizing such groups quickly ran into a powerful countermovement claiming the opposite.

Mitchell, the lawyer who had helped Thomas set up her own ill-fated nonprofit, began championing a public relations offensive to combat IRS scrutiny of the same nonprofits her allies were erecting. She claimed that the tax agency, then overseen by the Obama administration, was disproportionately targeting conservative groups and called for an independent counsel.

The agency “is so corrupt and so rotten to the core that it cannot be salvaged,” Mitchell said in 2014.

A two-year investigation by the Department of Justice “found no evidence that any IRS official acted based on political, discriminatory, corrupt or other inappropriate motives” and closed with no charges. It did find “substantial evidence of mismanagement, poor judgment and institutional inertia” as IRS officials cut corners to deal with an explosion of Tea Party-aligned nonprofit applications similar to Thomas’ group. But it also found that some progressive groups experienced similar processing delays and extra scrutiny.

Thereafter, the division that polices such nonprofits was effectively neutered by budget cuts. Audit rates plunged as the division became overwhelmed by hundreds of new nonprofits supposedly doing charitable and educational work but actually doing mostly political work. Clawing back funding for the IRS remains a top demand of conservative lawmakers in annual congressional budget negotiations.

The timing of the campaign against the IRS was no coincidence, said Koskinen, the former IRS commissioner who was in office during that period in the Obama administration.

“It shouldn’t surprise anyone that some of the people attacking the IRS and supporting cuts to its budget after 2010 were the same people pushing the envelope of how to move ‘dark money’ around to maximize its political effect,” Koskinen said. “The fewer auditors the IRS had, the lower the odds of being caught.”

Backing Trump

The election of Donald Trump in 2016 opened the door to countless new opportunities for the burgeoning conservative legal movement.

Leo himself had played a strong role in ensuring Trump’s election. When conservatives expressed doubts about the surprise GOP nominee, Leo helped reassure them by persuading Trump to commit to choosing Supreme Court nominees from a list that Leo himself drafted.

Then, after Trump’s victory, Leo worked hard to ensure that the president followed through.

When Conway joined the White House as an adviser to new president, with a hand in judicial nominations, Leo helped facilitate the sale of her polling firm to a Virginia company where he is now chairman.

Leo’s closeness to the White House sparked a fresh surge in donations to his network. In 2020, he announced JEP was being rebranded as the 85 Fund, and its annual fundraising skyrocketed to $65.7 million.

That year also marked the ultimate triumph of the conservative legal movement, as the confirmation of Justice Amy Coney Barrett established a 6-3 majority of justices aligned with Leo’s Federalist Society. Leo used his dark-money groups to fund campaigns urging the confirmation of those justices, including Barrett.

Then, as Trump approached a difficult re-election campaign in 2020, the 85 Fund created a subgroup, The Honest Elections Project, dedicated to amplifying claims of Democrats cheating in elections and pushing for voting restrictions.

Since Trump’s defeat, the Honest Elections Project has seized on momentum created by his unfounded claims of a stolen election to push anti-fraud measures that critics say will make voting harder for everyone.

“Tens of millions of voters harbor grave doubts about the future legitimacy of the democratic process,” the group says on its website. “They expect voting to be secure, accessible, and honest — even in a pandemic. What they got was an election marred by dysfunction, hundreds of agenda-driven progressive lawsuits that undermined voting safeguards, and a system that in many places failed to deliver prompt results. That is not how elections are supposed to work.”

A growing network

The Honest Elections Project is now just one limb of Leo’s fast-growing operation, fortified by what is believed to be the largest political donation in history: $1.6 billion from 91-year-old manufacturing magnate Barre Seid.

But with that immense war chest has come further scrutiny of the network’s spending. In March, POLITICO reported that since Leo became chairman of the for-profit CRC Advisors in 2020, the JEP and another Leo-affiliated group has paid the firm at least $43 million. A few weeks later, a progressive watchdog group filed a complaint with the D.C. attorney general and the IRS requesting a probe into what services were provided and whether Leo was in violation of laws against using charities for personal enrichment.

The probe is ongoing, and a lawyer for the Leo-affiliated groups involved called the complaint “sloppy, deceptive and legally flawed.”

Leo did not respond previously over multiple weeks to requests for information about what services the public relations firm provided to his nonprofits.

He wasn’t alone in declining to do so.

Other Leo allies have nonprofits and have declined comment to POLITICO on what services they provided in exchange for millions of dollars, including Ronald Cass, a Boston University law school dean emeritus who runs a nonprofit registered to his home address in Virginia called The Center for the Rule of Law.

Among the nation’s highest-paid law school deans at the time, Cass resigned his position in 2004 amid controversy over promising $36 million for a new law school building that didn’t fully materialize.

Leo was best man at Cass’ wedding and, in 2018, when Cass’ daughter was a debutante featured at one of the nation’s most exclusive galas, Leo and his wife Sally were among the attendees. Cass was also a longtime friend of Justice Antonin Scalia. In a sign of the family’s proximity to the Supreme Court, Cass was the master of ceremonies at a July 2016 dinner honoring Scalia’s memory. (Leo and Cass both sat at Clarence Thomas’ VIP table according to a seating chart.) Cass’ daughter is slated to clerk for Alito.

Cass’ group, described as an independent “center of international scholars analyzing rule of law issues,” doesn’t have much of a footprint. His wife, Susan, is the only other principal officer listed on paperwork filed in Virginia.

Between 2013 and 2021, Cass’ nonprofit took in nearly $7 million from JEP, according to tax filings. Yet POLITICO did not find a record of the annual paperwork the IRS requires of grantees detailing revenues and expenditures. Further, the group’s tax-exempt status had been auto-revoked by the IRS in 2011, the documents show.

Unless an exception is granted, the IRS requires such organizations to file the forms to keep their tax-exempt status, and all charitable grantors like JEP are required by federal and state laws to ensure grantees are using funds for charitable or educational purposes.

If Cass were running a charitable organization, as indicated on JEP’s annual filings for several years, it should have been filing the IRS forms. If not, it should have paid tax as a for-profit entity, said Koskinen.

Ronald and Susan Cass did not respond to multiple emails seeking comment about whether their organization paid tax, a record that is not subject to public disclosure.

In addition, Cass and Leo have both declined to comment on the nature of Cass’ services since POLITICO first reported in March about sizable payments received by his Center for the Rule of Law.

“Mr. Cass is a recognized expert across a wide variety of legal topics such as administrative law, antitrust, constitutional law, intellectual property, international trade and the legal process,” said the Leo spokesman. “Any organization would be fortunate to work with Mr. Cass and his wealth of knowledge.”

Pushing for answers

Philip Hackney, an expert on tax law and charities who worked in the Office of the Chief Counsel at the IRS under former Presidents George W. Bush and Obama, said he thinks the payments to Cass’ group merit further investigation.

“It’s not a small amount of money going to an organization that lost their tax-exempt status, and they started paying them after they lost their tax-exempt status,” said Hackney, who is now a professor at the University of Pittsburgh. “This is not a good look.”

Ellen Aprill, a tax law professor at Loyola Law School in Los Angeles who reviewed the same documents, called the filings “especially odd,” while cautioning further facts are needed before judging whether they are “inconsistent with the rule of law.”

Such potential IRS filing inconsistencies, JEP’s reactivation at the time when Thomas’ own nonprofit experiment fell apart and the large sums JEP has taken in and paid out make a compelling case for a closer look at how much money Thomas may have received from Leo-affiliated sources, said Eric Havian, a San Francisco attorney who has represented whistleblowers for more than 25 years and reviewed tax records at POLITICO’s request.

Whatever the state of their financial dealings, the personal and professional relationship between Thomas and Leo clearly remains strong.

Last year, Thomas came under fire over text messages revealing she pressured the Trump White House to challenge the 2020 election, a move that put renewed scrutiny on her husband, who had participated in cases related to the election. A day before the news broke, the Judicial Crisis Network, another part of Leo’s nonprofit constellation that is headed by Severino, launched a $1.5 million ad buy entitled “Misunderstood” that promoted Clarence Thomas and his judicial record.

Leo’s firm CRC Advisors has reportedly been the registered agent for several web domains related to Clarence Thomas and was responsible for promoting a PBS documentary on his life and audio and Kindle releases of his memoir.

In 2017, a conservative news site published remarks from what was supposed to be a private confab of conservative luminaries attending an awards ceremony honoring “heroes of liberty.” Ginni Thomas presented the newly created awards, including one to her one-time nonprofit business partner.

In introducing him, Thomas said Leo has “single-handedly changed the face of the judiciary,” and described him as a “disciplined strategist,” “wonderful father” and “mentor to me.”

Thomas also gave a nod to Leo’s role as a behind-the-scenes player.

“He has many hats,” she said. “That isn’t even all he does. He doesn’t really tell all that he does.”

Another GOP Flop

Marge The Impaler Greene is the new Trey Gowdy. But where Gowdy was only interested in driving up Hillary's negatives, Green doesn't care about anything but engaging in whatever fuckery she can get away with in order to advance whatever fucked up "agenda items" she thinks will get her a few minutes of media coverage and more donations from the rubes.

So of course there's never anything on that agenda but "Fuck With The Democrats".

BTW, when Ken Buck comes off as "the voice of reason" in the GOP, we're in serious trouble.


Wednesday, September 06, 2023

Today's Wingnut



Daddy State Awareness Guide

Rule 1:
Every accusation is a confession.

Rule 3:
Every prediction of some dire consequence is a veiled threat.
Whatever terrible thing they're "warning" us about is something they intend to make happen - usually in an attempt to coerce us into doing something they want.

When Huckabee "warns" us about what Biden is doing, he's telling us what Republicans will do if returned to power.


Monday, August 28, 2023

Bad Thoughts


Making wild claims about 'false flag' attacks is all the rage these days, so yeah, I'll go there.

If I'm a Wagner Group 2nd tier commander with high hopes and obsessive ambitions, maybe I'm a little peeved about Prigozhin wimping out on the whole uprising thing, making a deal for himself and basically leaving me just kinda hangin' around with my dick in my hand.

So I'm a trusted guy, and I can get somebody to monkey with the airplane - or I can get my hands on a spare S200 SAM that's just kinda laying around (and that's not as weird as it sounded when I ran it thru my head just now - not in Russia). Anyway, maybe I set it up to fuck Prigozhin, knowing everybody will blame Putin, so I can stoke the rebellion and have my shot at playing in the big leagues. (?)

Unlikely, I know. But look at how any of this shit is going and tell me it's impossible.


Wednesday, August 09, 2023

More Comin'

Way too many of us still don't quite understand how close we came to losing it all.


And way too many of use are still way too complacent about the ongoing efforts to fuck us over.


Previously Secret Memo Laid Out Strategy for Trump to Overturn Biden’s Win

The House Jan. 6 committee’s investigation did not uncover the memo, whose existence first came to light in last week’s indictment.

A lawyer allied with President Donald J. Trump first laid out a plot to use false slates of electors to subvert the 2020 election in a previously unknown internal campaign memo that prosecutors are portraying as a crucial link in how the Trump team’s efforts evolved into a criminal conspiracy.

The existence of the Dec. 6, 2020, memo came to light in last week’s indictment of Mr. Trump, though its details remained unclear. But a copy obtained by The New York Times shows for the first time that the lawyer, Kenneth Chesebro, acknowledged from the start that he was proposing “a bold, controversial strategy” that the Supreme Court “likely” would reject in the end.

But even if the plan did not ultimately pass legal muster at the highest level, Mr. Chesebro argued that it would achieve two goals. It would focus attention on claims of voter fraud and “buy the Trump campaign more time to win litigation that would deprive Biden of electoral votes and/or add to Trump’s column.”

The memo had been a missing piece in the public record of how Mr. Trump’s allies developed their strategy to overturn Joseph R. Biden Jr.’s victory. In mid-December, the false Trump electors could go through the motions of voting as if they had the authority to do so. Then, on Jan. 6, 2021, Vice President Mike Pence could unilaterally count those slates of votes, rather than the official and certified ones for Mr. Biden.

While that basic plan itself was already known, the document, described by prosecutors as the “fraudulent elector memo,” provides new details about how it originated and was discussed behind the scenes. Among those details is Mr. Chesebro’s proposed “messaging” strategy to explain why pro-Trump electors were meeting in states where Mr. Biden was declared the winner. The campaign would present that step as “a routine measure that is necessary to ensure” that the correct electoral slate could be counted by Congress if courts or legislatures later concluded that Mr. Trump had actually won the states.

It was not the first time Mr. Chesebro had raised the notion of creating alternate electors. In November, he had suggested doing so in Wisconsin, although for a different reason: to safeguard Mr. Trump’s rights in case he later won a court battle and was declared that state’s certified winner by Jan. 6, as had happened with Hawaii in 1960.

But the indictment portrayed the Dec. 6 memo as a “sharp departure” from that proposal, becoming what prosecutors say was a criminal plot to engineer “a fake controversy that would derail the proper certification of Biden as president-elect.”

“I recognize that what I suggest is a bold, controversial strategy, and that there are many reasons why it might not end up being executed on Jan. 6,” Mr. Chesebro wrote. “But as long as it is one possible option, to preserve it as a possibility it is important that the Trump-Pence electors cast their electoral votes on Dec. 14.”

Three days later, Mr. Chesebro drew up specific instructions to create fraudulent electors in multiple states — in another memo whose existence, along with the one in November, was first reported by The Times last year. The House committee investigating the Jan. 6 riot also cited them in its December report, but it apparently did not learn of the Dec. 6 memo.

“I believe that what can be achieved on Jan. 6 is not simply to keep Biden below 270 electoral votes,” Mr. Chesebro wrote in the newly disclosed memo. “It seems feasible that the vote count can be conducted so that at no point will Trump be behind in the electoral vote count unless and until Biden can obtain a favorable decision from the Supreme Court upholding the Electoral Count Act as constitutional, or otherwise recognizing the power of Congress (and not the president of the Senate) to count the votes.”

Mr. Chesebro and his lawyer did not respond to requests for comment. A Trump spokesman did not respond to an email seeking comment.

The false electors scheme was perhaps the most sprawling of Mr. Trump’s various efforts to overturn the results of the 2020 election. It involved lawyers working on his campaign’s behalf across seven states, dozens of electors willing to claim that Mr. Trump — not Mr. Biden — had won their states, and open resistance from some of those potential electors that the plan could be illegal or even “appear treasonous.” In the end, it became the cornerstone of the indictment against Mr. Trump.

If you've been shit-talking AG Garland because you think he's been slow on the uptake, just know that he had an awful lot of pest control and varmint removal to do before he could even put the machinery in gear.

How long would it take you to root out the authoritarian assholes who've spent their whole careers militating for a Unitary Executive, and doing everything possible to torpedo any effort to unfuck a major department that's been increasingly fucked up by a Daddy State-leaning cadre happily scheming and hacking away at the government from the inside?

While another lawyer — John Eastman, described as Co-Conspirator 2 in the indictment — became a key figure who championed the plan and worked more directly with Mr. Trump on it, Mr. Chesebro was an architect of it. He was first enlisted by the Trump campaign in Wisconsin to help with a legal challenge to the results there.

Prosecutors are still hearing evidence related to the investigation, even after charges were leveled against Mr. Trump, according to people familiar with the matter. The House committee last year released emails its investigators obtained showing that Mr. Chesebro had sent copies of the two previously reported memos, one from Nov. 18 and another from Dec. 9, to allies in the states working on the fake electors plan.

But he did not attach his Dec. 6 memo to those messages, which laid out a more audacious idea: having Mr. Pence take “the position that it is his constitutional power and duty, alone, as president of the Senate, to both open and count the votes.” That is, he could resolve the dispute over which slate was valid by counting the alternate electors for Mr. Trump even if Mr. Biden remained the certified winner of their states.

Mr. Chesebro, who is described as Co-Conspirator 5 in the indictment but has not been charged by the special counsel, addressed the second memo to James R. Troupis, a lawyer who was assisting the Trump campaign’s efforts to challenge Mr. Biden’s victory in Wisconsin.

By the next day, the indictment said, Mr. Chesebro’s memo had reached Rudolph W. Giuliani, Mr. Trump’s personal lawyer.

According to the indictment, Mr. Giuliani, who is referred to as Co-Conspirator 1, spoke with someone identified only as Co-Conspirator 6 about finding lawyers to help with the effort in seven states. An email reviewed by The Times suggests that particular conspirator could be Boris Epshteyn, a campaign strategic adviser for the Trump campaign who was paid for political consulting. That day, Mr. Epshteyn sent Mr. Giuliani an email recommending lawyers in those seven states.

As he had done in the earlier memo, Mr. Chesebro cited writings by a Harvard Law School professor, Laurence H. Tribe, to bolster his argument that the deadlines and procedures in the Electoral Count Act are unconstitutional and that state electoral votes need not be finalized until Congress’s certification on Jan. 6. Mr. Chesebro had worked as Mr. Tribe’s research assistant as a law student and later helped him in his representation of Vice President Al Gore during the 2000 election.

Calling his former mentor “a key Biden supporter and fervent Trump critic,” Mr. Chesebro cited what he described as Mr. Tribe’s legal views, along with writings by several other liberals as potential fodder for a messaging strategy. It would be “the height of hypocrisy for Democrats to resist Jan. 6 as the real deadline, or to suggest that Trump and Pence would be doing anything particularly controversial,” he wrote.

But in an essay published on Tuesday on the legal website Just Security, Mr. Tribe said Mr. Chesebro’s Nov. 18 memo “relied on a gross misrepresentation of my scholarship.”

For one, Mr. Chesebro quoted a clause from a law review article by Mr. Tribe about Bush v. Gore as support for the idea that the only real legal deadline is Jan. 6. That was taken out of context, Mr. Tribe wrote, saying he was only narrowly “discussing the specifics of Florida state law.” Mr. Chesebro, by contrast, made it sound as if he was putting forward “a general proposition about the power of states to do what they wish regardless of the Electoral Count Act and independent of the deadlines set by Congress,” he added.

For another, Mr. Chesebro cited a constitutional treatise in which Mr. Tribe wrote that a past Congress cannot bind the actions of a later Congress, which Mr. Chesebro used to buttress his proposal that parts of the Electoral Count Act are unconstitutional. But Mr. Tribe wrote that what he meant was Congress can pass new legislation changing such a law.

The indictment also accuses Mr. Trump and his unindicted co-conspirators of acting with deception in recruiting some of the fraudulent electors. That included telling some of them that their votes for Mr. Trump would be used only if a court ruling handed victory in their state to Mr. Trump.

The Dec. 6 memo dovetails with that approach. Mr. Chesebro wrote that Mr. Pence could count purported Trump electors from a state as long as there was a lawsuit pending challenging Mr. Biden’s declared victory there. But he also proposed telling the public that the Trump electors were meeting on Dec. 14 merely as a precaution in case “the courts (or state legislatures) were to later conclude that Trump actually won the state.”

Mr. Chesebro also suggested he knew that even that part of the strategy would draw blowback.

“There is no requirement that they meet in public. It might be preferable for them to meet in private, to thwart the ability of protesters to disrupt the event,” he wrote, adding: “Even if held in private, perhaps print and even TV journalists would be invited to attend to cover the event.”