The Daily Parker

United States Magistrate Judge Reid Neureiter has ordered that the attorneys who filed a ridiculous case against (I am not kidding) over 10,000 people allegedly involved in a massive conspiracy to steal the 2020 election, must pay the defendants' legal fees under Federal Rule of Civil Procedure 11:

Attorneys Gary D. Fielder and Ernest John Walker filed a “frivolous” case and “did not conduct a reasonable inquiry into whether the factual contentions had evidentiary support,” Magistrate Judge N. Reid Neureiter wrote in a sharp 68-page opinion against the pair. 

As several other high-profile pro-Trump attorneys — including Sidney Powell and Lin Wood — face potential sanctions for a separate lawsuit in Michigan, the ruling against Fielder and Walker shows one instance of the courts penalizing lawyers for a “Big Lie” lawsuit. 

Rule 11 exists exactly for this purpose. It makes attorneys who sign representations to a Federal court liable for whatever appears above their signature. Specifically,

(b) By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

   (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

   (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

   (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

   (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

Judge Neureiter's order is a joy to read (citations removed):

I use the words “vast conspiracy” purposefully. The Complaint is one enormous conspiracy theory. And a conspiracy is what the original Complaint, all 84 pages and 409-plus paragraphs, alleged: that “the Defendants engaged in concerted action to interfere with the 2020 presidential election through a coordinated effort to, among other things, change voting laws without legislative approval, use unreliable voting machines, alter votes through an illegitimate adjudication process, provide illegal methods of voting, count illegal votes, suppress the speech of opposing voices, disproportionally and privately fund only certain municipalities and counties, and other methods, all prohibited by the Constitution."

So, this was not a normal case in any sense. Plaintiffs purported to represent 160 million American registered voters and came seeking a determination from a federal court in Colorado that the actions of multiple state legislatures, municipalities, and state courts in the conduct of the 2020 election should be declared legal nullities.

In short, this was no slip-and-fall at the local grocery store. Albeit disorganized and fantastical, the Complaint’s allegations are extraordinarily serious and, if accepted as true by large numbers of people, are the stuff of which violent insurrections are made.

The main focus of the suit, at least as emphasized by Plaintiffs’ counsel in argument, was a demand for a massive amount of money, likely greater than any money damage award in American history. Seeking a “nominal amount of $1,000 per registered voter,” Plaintiffs asked for a total $160 billion for the putative 160-million-person Plaintiff class. This figure is greater than the annual GDP of Hungary.

Even better, guess who appointed Judge Neureiter? Hint: Neureiter took office in 2018.

As TPM Media reminds us, Sidney Powell and Lin Wood face a similar Rule 11 motion in Michigan. Can't wait to read that one.

I haven't had time to read a lot lately, as I mentioned. Maybe these explain why:

• House Minority Leader Kevin McCarthy (R-CA) stomped off in a tantrum after House Speaker Nancy Pelosi (D-CA) rejected two House members who participated in the insurrection from serving on the committee investigating the January 6th insurrection. Josh Marshall calls this "the best possible outcome."
• Meanwhile, defendants in criminal cases for their actions on January 6th have made some pretty interesting arguments in their defenses, none better than "We weren't there to steal things. We weren't there to do damage. We were just there to overthrow the government."
• Kori Schake worries about this and other events putting even more strain on the US military's apolitical structure.
• A segregation wall built in Detroit in 1939 still stands, despite no one in Detroit wanting it. Well, almost no one.
• England—not, mercifully, Scotland, Wales, or Northern Ireland—opened up on Monday as if 332,000 people hadn't tested positive for Covid-19 last week.

And finally, a man in Chicago suburb Lisle, Ill., has made a life's work out of preserving old TV commercials.

The Guardian reported on Thursday that they had obtained, and validated, a document purporting to come from a January 2016 meeting of Russian president Vladimir Putin and his security team. The document has everything an opponent of the XPOTUS could want:

They agreed a Trump White House would help secure Moscow’s strategic objectives, among them “social turmoil” in the US and a weakening of the American president’s negotiating position.

Russia’s three spy agencies were ordered to find practical ways to support Trump, in a decree appearing to bear Putin’s signature.

There is a brief psychological assessment of Trump, who is described as an “impulsive, mentally unstable and unbalanced individual who suffers from an inferiority complex”.

There is also apparent confirmation that the Kremlin possesses kompromat, or potentially compromising material, on the future president, collected – the document says – from Trump’s earlier “non-official visits to Russian Federation territory”.

Journalist Julia Ioffe, who has reported on Russia for years, and who has made no secret of her belief that the XPOTUS had no business visiting the White House, let alone living there, took all of this with an entire salt lick:

It sounds absolutely amazing and gratifying, but is it true? The short answer is: we don’t know, but there are...reasons to be skeptical.

As Marc Polymeropoulos, a retired C.I.A. officer who fought Russian active measures from 2017 to 2019 from inside Langley, put it, “this seems to be packaged too neatly. Kremlin documents like this don’t leak.” On this, I agree with Marc. It just seems too pat and fits the narrative we want to believe a little too neatly.

“This definitely looks like something the Kremlin could have written and ‘leaked’ for the purpose of making people look ridiculous when it’s published and everyone gets really excited about it,” said one former U.S. government official who worked on Russia. Look, for instance, at the response to the report: the American media is again talking about Trump and whether the election had been rigged by the Kremlin. (Let’s remember that undermining confidence in election security is not an exclusively Republican sport.)

Still, for all my skepticism and all my spidey senses (and sources) telling me this is probably bullshit, it’s important to allow some space for the possibility that this document is real. It might be! But it’s probably not. The real issue is, we just don’t know yet. So if you’re a journalist with good sources in the intelligence community or in the inner sanctum of the Kremlin, get on it. If you’re not, take a beat, and think about whether it’s worth sharing information we don’t yet know to be true. That’s always a good policy.

I'm with Ioffe. If something seems to good to be true, and all that. Plus, as Ioffe also says, it doesn't matter. The XPOTUS is out of office, and with all the state investigations for prosaic things like massive tax fraud coming at him, I don't think we have to worry too much about what Russia may or may not have done to him.

According to an upcoming book by Washington Post reporters Carol Leonnig and Philip Rucker, Joint Chiefs of Staff Chairman Mark Milley seriously worried about the XPOTUS attempting an autogolpe in January:

Milley described “a stomach-churning” feeling as he listened to Trump’s untrue complaints of election fraud, drawing a comparison to the 1933 attack on Germany’s parliament building that Hitler used as a pretext to establish a Nazi dictatorship.

In December, with rumors circulating that the president was preparing to fire then-CIA Director Gina Haspel and replace her with Trump loyalist Kash Patel, Milley sought to intervene, the book says. He confronted White House Chief of Staff Mark Meadows at the annual Army-Navy football game, which Trump and other high-profile guests attended.

“What the hell is going on here?” Milley asked Meadows, according to the book’s account. “What are you guys doing?”

When Meadows responded, “Don’t worry about it,” Milley shot him a warning: “Just be careful.”

Greg Sargent warns we need immediate reforms to make sure we never get that close to a coup again:

Milley’s general overarching fear was absolutely correct: Trump and key strains of the movement behind him were unquestionably willing to resort to potentially illegal and violent means to thwart the transfer of power from Trump to the legitimately elected new government. They actually did attempt this.

On certification of federal elections, Congress could set standards for states that streamline the certification process to take pressure off low-level election boards, and place ultimate control of certification in the hands of state judicial actors who are ostensibly nonpartisan. That would make it harder to corrupt certification.

On state legislatures sending rogue electors, Congress could revise the Electoral Count Act. Ideas include setting higher evidentiary standards for objections to electors, making the threshold for objecting higher than one senator and representative, and requiring two-thirds of Congress to sustain an objection.

This could avert a 2024 scenario in which a GOP legislature in one deciding state buckles this time under pressure to send rogue electors, and a GOP-controlled chamber in Congress counts them, creating a severe crisis at best and a stolen election at worst.

Whatever reforms we choose, the basic guiding idea here should be this. We don’t just want to make it harder to corrupt these processes, but also to reduce the incentive to pressure officials at all these levels to do so, since it would be less likely to succeed.

Milley’s fear of a Trump military coup was not borne out. But this shouldn’t lead us to congratulate ourselves over Trump’s incompetence or the virtues of individual players. It should add to our urgency to act.

Scary stuff. And the Republican Party continues to push towards minority rule, having given up on democracy itself. So yes, we need to fix this, to the extent possible.

Adam Gopnik makes a good point about President Biden's successful, if invisible, ideology:

Biden and his team, widely attacked as pusillanimous centrists with no particular convictions, are in fact ideologues. Their ideology is largely invisible but no less ideological for refusing to present itself out in the open. It is the belief, animating Biden’s whole career, that there is a surprisingly large area of agreement in American life and that, by appealing to that area of agreement, electoral victory and progress can be found.

He didn’t say as much as he might have or as many might have wanted [about the XPOTUS's crimes]. But this was surely due to his conviction, and the conviction of his circle, that an atmosphere of aggravation can only work to the advantage of the permanently aggrieved. With so many Americans in the grip of a totalized ideology of Trumpism—one that surmounts their obvious self-interest or normal calculations of economic utility—the way to get them out of it is to stop thinking in totalized terms. You get people out of a cult not by offering them a better cult but by helping them see why they don’t need a cult.

[L]ike a virus that infects the country, long Trump is an ailment that won’t go away.

The urge to fight it, hard, before it can return, seems irresistible. Yet Biden and his circle resist this fight, and it would be foolish to think that they resist it only out of blindness and opacity. They are betting on Charley Goldman’s wisdom: you can’t win playing the other guy’s game. This wisdom has taken them further than the more aggressive conventional kind might have imagined.

The President is about to get a $3.5 trillion infrastructure package through Congress on Democratic votes alone. He's doing everything he said he'd do, and succeeding (mostly). He might know what he's doing.

After Fox network blowhard Tucker Carlson whined that the National Security Agency, the US intelligence service tasked with spying on communications outside the US, had tapped his phones, the agency clapped back on Twitter:

TPM's Cristina Cabrera reports, "Carlson doubled down on his accusation shortly afterward on his program, saying the NSA’s statement 'an entire paragraph of lies written purely for the benefit of the intel community’s lackeys at CNN and MSNBC.'"

The NSA is just having a bit of sport with Carlson, but one can't know for sure. First, the NSA would never admit to spying on anyone. But second, even if the NSA were spying on him, wouldn't Carlson want to know which overseas friend of his would have attracted the agency's attention, and why?

In related news, the Manhattan District Attorney appears ready to charge the Trump Organization and its CFO with tax crimes tomorrow morning. Stay tuned!

As much fun as Cassie and I have had over the last few days, the news around the world didn't stop:

• After 448 days, Illinois will finally reopen fully on Friday.
• Security expert Tarah Wheeler, writing on Schneier.com, warns that our weapons systems have frightening security vulnerabilities.
• Fastly's content-delivery network (CDN) collapsed this morning, taking down The New York Times, The Guardian, Bloomberg News, and other major properties; no word yet on the cause, but we can guess.
• About 12,000 volunteer software developers around the world contributed to the Mars Helicopter project through GitHub.
• Josh Marshall looks at the burn-it-all-down ethos of defeated Israeli Prime Minister Benjamin Netanyahu and our own XPOTUS.
• Alexandra Petri wonders why anyone would buy a Swiss Army knife when an AR-15 does the job better?
• ProPublica divided income tax by (unrealized) wealth growth and found that the wealthiest 25 Americans paid almost no income tax from 2014 to 2018; however, they did not apply that methodology to the millions of middle-class families whose 401(k) funds appreciated, which would show that most people paid smaller percentages than they thought.
• Earth's CO₂ levels have reached 419 ppm, a level not seen since around the time humans and chimpanzees split from their last common ancestor.

Finally, journalist Jack Lieb filmed D-Day using a 16mm home movie camera, which you can see on the National Archives blog. It's really cool.

The Multnomah County, Ore., Republican Party has suffered what one might call a psychotic episode:

The story in Multnomah County, which is home to both Democrat-dominated Portland and a strong contingent of right-wing militia types, started with anger and frustration over [ousted GOP county chair Stephen] Lloyd’s effort to make the party “open to everyone,” including with more public-facing meetings. 

To some, that was simply too much. In early May, a faction of the party scheduled a recall vote.

The petition cited the supposed danger posed by local anti-fascist activists, asserting, “We dare not announce where and when we are meeting in the city of the original Antifa group, Rose City Antifa, which continues to actively hurt people and damage property nightly in Portland!”

But the May 6 recall vote was unusual. 

For one thing, its location, a Portland church, was not publicized ahead of time, WW reported. More suspicious still, an associate of the Proud Boys, Daniel Tooze Sr., provided volunteer security at the door as his associates roamed around the neighborhood. 

Ball told TPM the meeting included an unfamiliar crowd that he eventually heard were Proud Boys.

If this sort of thing sounds familiar, it should: it looks a lot like the rise of private militias in other democracies that have ultimately failed, going all the way back to Rome. You know how we sometimes say "people who don't study history are doomed to repeat it?" These tremors in the Republican Party are coming from people who have studied history and want to repeat it. The Right's leaders know what they're doing, even if the Herrenvolk do not.

In related news, Facebook has suspended the XPOTUS for two years.

After 7,927 blog entries over more than 23 years, I must express surprise that the XPOTUS managed a full 29 days:

Former President Donald Trump’s blog — a webpage where he shared statements after larger social media companies banned him from their platforms — has been permanently shut down, his spokesman said Wednesday.

The page, “From the Desk of Donald J. Trump,” has been scrubbed from Trump’s website after going live less than a month earlier.

After he launched the thing, people stayed away in droves. Can't think why.

Oh, actually, I can: the kinds of people who uncritically believe that he would write anything worth reading are exactly the kinds of people too intellectually lazy and technologically hapless to expend the mental effort required to find his blog. And those of us who have technical and other kinds of savvy didn't want to read it.

The one thing I'll give the XPOTUS credit for: he has become the ne plus ultra of serial failure. Seriously, I can't help feeling impressed at the new ways he finds to fail in order to distract from his previous failures.

The northern hemisphere started meteorological summer at midnight local time today. Chicago's weather today couldn't have turned out better. Unfortunately, I go into the office on the first and last days of each week, so I only know about this from reading weather reports.

At my real job, we have a release tomorrow onto a completely new Azure subscription, so for only the second time in 37 sprints (I hope) I don't expect a boring deployment. Which kind of fits with all the decidedly-not-boring news that cropped up today:

• The XPOTUS and his wackier supporters have a new conspiracy theory about him retaking office in a coup d'état this August. No, really.
• In what could only 100% certainly no doubt how could you even imagine a coincidence, former White House counsel Don McGahn will testify before the House Judiciary Committee tomorrow morning.
• Also uncoincidentally, a group of 100 historians and political scientists who study this sort of thing have put out a statement warning of imminent democratic collapse in the US. “The playbook that the Republican Party is executing at the state and national levels is very much consistent with actions taken by illiberal, anti-democratic, anti-pluralist parties in other democracies that have slipped away from free and fair elections,” according to the Post.
• Speaking of democratic backsliding, Josh Marshall takes the Israeli cognoscenti to task for still not getting how much the Israeli government aligning with an American political party has hurt them.
• Here in Illinois, the state legislature adjourned after completing a number of tasks, including passing a $46 billion budget that no one got to read before they voted on it. (I'm doubly incensed about this because my own party did it. We really need to be better than the other guys. Seriously.)
• For the first time since March 2020, Illinois has no states on its mandatory quarantine list. And we reported the fewest new Covid-19 cases (401) since we started reporting them.
• The Northalsted Business Alliance wants to change the name of Chicago's Boystown neighborhood to...Northalsted. Residents across the LGBTQ spectrum say "just, no."

Finally, a Texas A&M business professor expects a "wave of resignations" as people go back to their offices.