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You are here: Home / Open Threads / Friday Came A Day Late This Week

Friday Came A Day Late This Week

by WaterGirl|  February 25, 20231:45 pm| 152 Comments

This post is in: Open Threads

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Holy Shit, What Did I Miss? 1

Friday came a day late this week.  Or, to be more precise, the hoped-for news dump came today instead of yesterday.  Okay, several hours late, at least – this was apparently unveiled at some point on Friday night.

🚨🚨🚨BREAKING: EXTRAORDINARY STORY. Judge Beryl Howell has released her December 28th ruling in the Scott Perry speech or debate clause case. It had been under seal until tonight. https://t.co/Ta51UYh5sK

— Mueller, She Wrote (@MuellerSheWrote) February 25, 2023

In December, Chief Judge Beryl Howell rejected Perry’s bid to shield thousands of emails from Jan. 6 investigators  (Politico)

The chief judge of the federal district court in Washington, D.C., secretly rejected Rep. Scott Perry’s bid to shield more than 2,000 messages relevant to Justice Department investigators probing efforts by Donald Trump to subvert the 2020 election, according to newly unsealed court filings.

U.S. District Court Chief Judge Beryl Howell unsealed her extraordinary Dec. 28 decision on Friday evening, determining that the “powerful public interest” in seeing the previously secret opinion outweighed the need for continued secrecy.

Perry, a Republican lawmaker from Pennsylvania, had urged Howell to block the Justice Department from accessing 2,219 documents stored on his phone, which was seized and imaged by the FBI last August as part of the 2020 election investigation.
He claimed that the records reflected his efforts to research potential legislative decisions — like whether to vote to challenge election results on Jan. 6, 2021 — and therefore should be protected from disclosure by the Constitution’s speech or debate clause, a provision meant to safeguard lawmakers from pressure or intimidation by the executive branch.

But Howell said Perry had taken an “astonishing view” of his immunity that would effectively put members of Congress above the law and free of political consequences for their actions. She ordered him to disclose 2,055 of the documents he sought to withhold — including all 960 of his contacts with members of the executive branch, which she said are entitled to no constitutional protection at all. Some 161 items, she said, were proper to withhold.

“What is plain is the clause does not shield Rep. Perry’s random musings with private individuals touting an expertise in cybersecurity or political discussions with attorneys from a presidential campaign, or with state legislators concerning hearings before them about possible local election fraud or actions they could take to challenge election results in Pennsylvania,” Howell wrote in her 51-page December opinion.

Why was that unsealed on Friday night?  I have no idea.  Maybe because there was a hearing on Thursday?

But it’s not all great news; it’s just a peak behind the curtain,

Thus far, however, investigators have not had access to any of the records because, last month, a three-judge panel of the D.C. Circuit Court of Appeals agreed to stay Howell’s ruling. On Thursday, those judges heard both public and private arguments about the dispute. The stay remains in place as the appeals court considers whether to leave Howell’s ruling in place, set it aside or modify it in some way.

The judges — Karen Henderson, Gregory Katsas and Neomi Rao — appeared skeptical of the Justice Department’s position and the breadth of Howell’s ruling, although they discussed her stance only in broad strokes and the details of her opinions remained under seal until Friday.

But the appeals panel’s ultimate leanings remained unclear at the conclusion of the public argument session Thursday. The appeals judges seemed most concerned by Howell’s determination that Perry’s outreach about Jan. 6 was not protected by the speech or debate clause because he was not acting with formal House approval.

That determination was a centerpiece of Howell’s ruling, which she said was rooted in longstanding precedent.

It’s not clear to me that the 3-judge panel has ruled, and it’s not clear to me when they will issue a ruling.  Even when they do, it could go to the D.C. Circuit or possibly go straight to the so-called Supreme Court.

The three-judge appeals court panel decision on Perry’s bid for speech-or-debate protection for his communications may not be the final word. Either the Justice Department or Perry could ask the full bench of the D.C. Circuit to take up the issue or seek to get the Supreme Court to intervene.

The wheels of justice grind so fucking slowly.  Let’s hope that they do indeed, grind exceedingly fine.

This is the rejection that led to Perry appealing. The appellate court heard arguments yesterday – and during that hearing it was revealed the reason Howell denied Perry’s Speech or Debate privilege was because his outreach was not part of an official legislative inquiry! https://t.co/iwfF8EL39f

— Mueller, She Wrote (@MuellerSheWrote) February 25, 2023

I keep hearing that Chief Judge Beryl Howell will rotate out soon, and that some other judge will pick up in her place, at least for these cases.  If someone can shed some light on that process, I would greatly appreciate it.

Surely if we had more judges at every level, the slow-walking of time-sensitive cases would not be quite so rewarding to the people who want things to move as slowly as possible?

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Reader Interactions

152Comments

  1. 1.

    Baud

    February 25, 2023 at 1:51 pm

    DOJ drew a bad panel in the DC circuit.

  2. 2.

    WaterGirl

    February 25, 2023 at 1:52 pm

    @Baud: Can you say more about what that means?

    Do you mean these people?

    The judges — Karen Henderson, Gregory Katsas and Neomi Rao — appeared skeptical of the Justice Department’s position and the breadth of Howell’s ruling, although they discussed her stance only in broad strokes and the details of her opinions remained under seal until Friday.

    Or the next step up in the appeals process?

  3. 3.

    Baud

    February 25, 2023 at 1:53 pm

    @WaterGirl:

    I mean those people.  All Republicans.

  4. 4.

    Big R

    February 25, 2023 at 1:54 pm

    “I keep hearing that Chief Judge Beryl Howell will rotate out soon, and that some other judge will pick up in her place, at least for these cases.”

    “Rotate out” in this sentence leaves me nonplussed. Are you saying she’ll rotate out of the chief judgeship and therefore these cases will be reassigned? Because that’s not how it works. Cases are (pseudo)-randomly assigned, there isn’t (or shouldn’t be – I can think of an exception) a class of cases that a chief judge assigns to themselves. Chief judgeships are just a bunch of administrative nonsense on top of your already heavy workload as a judge.

    If what you’re saying is that there is some rotation mechanism where cases change judges after a certain amount of time: I would be deeply surprised by this, as it would exist in no other court and for no other type of case (believe me, if I knew I was going to get a new judge every six months for all my cases, I would have been much happier with certain assignments).

  5. 5.

    Omnes Omnibus

    February 25, 2023 at 1:55 pm

    @WaterGirl: Panels of three judges are chosen on a rotational basis from the group of judges on the circuit.  This was an unfortunate draw.

  6. 6.

    Lyrebird

    February 25, 2023 at 1:58 pm

    @WaterGirl: Is two links permitted?

    Judge Rao was part of Trump’s rollback of civil rights protections and Judge Henderson might be more experienced but is apparently concerning…

  7. 7.

    Baud

    February 25, 2023 at 2:02 pm

    I will say, that description of Howell’s opinion does make it seem overbroad.

  8. 8.

    OzarkHillbilly

    February 25, 2023 at 2:07 pm

    So Judge Howell has made a preemptive strike.

  9. 9.

    tobie

    February 25, 2023 at 2:14 pm

    Perry got the wingnut panel: Rao, Katsas, and Henderson. Didn’t the same three vacate a ruling by Judge Emmet Sullivan that the full court upheld? Rao definitely sided with Michael Flynn and his lawyer (barf) Sydney Powell over Sullivan. I bet this case will go to an en banc hearing.

    Ms. Powell and her client won a significant victory on Wednesday when a divided appeals court panel — in a surprise ruling written by Judge Neomi Rao, a former White House official whom Mr. Trump appointed to the bench — ordered Judge Sullivan to drop the case without scrutiny. Judge Sullivan suspended his review but has not dismissed the charge, suggesting that the extraordinary legal and political saga is not yet over.

  10. 10.

    WaterGirl

    February 25, 2023 at 2:14 pm

    @Baud: So those 3 are ruling, but the DOJ could ask for the whole D.C. Circuit court to hear the case?

  11. 11.

    WaterGirl

    February 25, 2023 at 2:16 pm

    @Lyrebird: 7 links are fine.  8 links put you in moderation.

  12. 12.

    OzarkHillbilly

    February 25, 2023 at 2:19 pm

    Laurence [email protected]

    Even the highly conservative D.C. Circuit panel that heard argument in this case on Thursday will have a hard time disagreeing with Judge Howell, but if it does then the Circuit will act en banc to reinstate her decision, and even this Supreme Court will lopsidedly concur.

    For whatever it’s worth.

  13. 13.

    WaterGirl

    February 25, 2023 at 2:24 pm

    I’m familiar with the phrase bat-shit crazy, but I don’t know the comparable phrase when it comes to smarts.  How stupid are the dumb fucks?

    I am alarmed to learn that the Chair of the House Oversight Committee thinks that the NTSB is part of our Department. NTSB is independent (and with good reason). Still, of course, we will fully review this and respond appropriately. https://t.co/beNgtBnHqj

    — Secretary Pete Buttigieg (@SecretaryPete) February 24, 2023

  14. 14.

    WaterGirl

    February 25, 2023 at 2:26 pm

    @OzarkHillbilly:  Reassuring!

    However…

    Time keeps on ticking, ticking, ticking, into the future.

  15. 15.

    WaterGirl

    February 25, 2023 at 2:26 pm

    Where is everyone today?  Do you guys have lives, or something?

  16. 16.

    J R in WV

    February 25, 2023 at 2:26 pm

    I begin to suspect I will not live to find out how the Jan 6th insurrection issues pan out in courts at all. Which is sad as I am really curious about those events and cases. But it is what it is!

  17. 17.

    Baud

    February 25, 2023 at 2:26 pm

    @WaterGirl:

    Yes, but that will cause delay.

  18. 18.

    WaterGirl

    February 25, 2023 at 2:29 pm

    @Big R: I don’t know the terminology, but some of the podcasts –that focus on the Special Counsel stuff and the case/s against Trump and his cabal – say that pretty soon Judge Howell won’t be the judge that these cases go in front of.

    I don’t know what that means or what the exact timing is.  Or maybe someone was wrong on a podcast, just like they are wrong on the internet.  Shocking!

  19. 19.

    WaterGirl

    February 25, 2023 at 2:30 pm

    @Baud: Grrr.

  20. 20.

    Mr. Bemused Senior

    February 25, 2023 at 2:30 pm

    @WaterGirl:  after last night maybe folks need a rest.

  21. 21.

    Sister Golden Bear

    February 25, 2023 at 2:33 pm

    OT: The good news is I finally got power restored yesterday — it had been out since Tuesday, since PG&E would rather give dividends to shareholders than, ya know, actually take care of customers. At least with all the snow in NorCal — we even had snow on the beach in Santa Cruz — they won’t be setting the state on fire again, at least for now.

  22. 22.

    WaterGirl

    February 25, 2023 at 2:35 pm

    @Mr. Bemused Senior: What did I miss last night?

  23. 23.

    Leslie

    February 25, 2023 at 2:35 pm

    @WaterGirl: Perish the thought.

  24. 24.

    OzarkHillbilly

    February 25, 2023 at 2:36 pm

    @WaterGirl: My lunch break is almost over.

  25. 25.

    Mr. Bemused Senior

    February 25, 2023 at 2:36 pm

    @WaterGirl:   Sebastian on the Friday Evening Open Thread

  26. 26.

    Leslie

    February 25, 2023 at 2:37 pm

    @Sister Golden Bear: Effing PG&E. (I grew up in the town destroyed by the Camp Fire.) Glad your power is back.

  27. 27.

    WaterGirl

    February 25, 2023 at 2:37 pm

    @Sister Golden Bear: Sounds like PG&E is deserving of the same bumper sticker treatment that Bell Telephone got back in the day.

    Someone here used the classic blue color on a white background that Bell used for all their marketing, and made bumper stickers that had the blue bell outline and said:

    We don’t care.  We don’t have to.

    And then snuck into the parking lot where all their service vehicles lived outside of service hours, and put them on the back of every one of the vehicles.

    I don’t typically support vandalism, but I was all in favor of that move.

  28. 28.

    Ken

    February 25, 2023 at 2:38 pm

    “Listen, Vito, I want that guy whacked. You take him out, you make it clear it wasn’t an accident, that he made some enemies no one should mess with. I’m sending a message here.”

    “Er, isn’t it dangerous to be saying this on the phone?”

    “No. This guy’s bloody death will get the others to vote like I want. I’m exercising the speech and debate clause of the constitution.”

    “OK, Senator, whatever you say.

    (My point, such as it is, being that there must be some limits to its use.)

  29. 29.

    Mr. Bemused Senior

    February 25, 2023 at 2:39 pm

    @WaterGirl:  probably quoting Ernestine

  30. 30.

    Steve in the ATL

    February 25, 2023 at 2:39 pm

    @WaterGirl: maybe people are afraid that there will be another few dozen disturbingly obsessive posts alleging that a high school kid losing a part time job is the greatest tragedy in the history of mankind

  31. 31.

    Betty

    February 25, 2023 at 2:41 pm

    @WaterGirl: I see from Wikipedia that she is 66. Maybe she has announced a retirement date. Nothing about that on her page.

  32. 32.

    kalakal

    February 25, 2023 at 2:42 pm

    @WaterGirl: You missed an epic set of truly incomprehensible posts delivered with great energy and zero tact. Sadly the poster  wanted advice on diplomacy & messaging. It was something else

    ETA the Jill Biden thread

    I literally couldn’t understand a word of it

  33. 33.

    WaterGirl

    February 25, 2023 at 2:43 pm

    @Mr. Bemused Senior: Oh, I saw that this morning.  What I saw was a lot of Sebastian bashing, and I felt bad about that.

    It’s not like he’s a troll or something.  I didn’t understand what he was getting at, either, but I saw a lot of talking about him as if he wasn’t there, and a fair amount of condescension.

    A little anecdote: I have two sisters and we kind of have a running 3-way text going.

    One day last week my religious sister was bashing me to my other sister – on our 3-way text thread!  Clearly talking about me behind my back, as if I wasn’t there, but right in front of me!  (by mistake)  I am still pissed!

    That’s what I was reminded of as I read that thread this morning, and I could easily imagine how Sebastian must have felt.

  34. 34.

    Alison Rose

    February 25, 2023 at 2:44 pm

    @WaterGirl: Reminds me of a anti-Exxon shirt a friend had back in the day. She grew up in Alaska, her family moved to California when she was 11. It read “We don’t care. We don’t have to care. We’re Exxon. At Exxon, we’re part of the problem.” Apparently a large percentage of Anchorage residents had the same shirt.

  35. 35.

    Mr. Bemused Senior

    February 25, 2023 at 2:45 pm

    @WaterGirl:  someone wondered whether he needs help (the thought occurred to me too). I felt I had nothing to add to the conversation but I read it through.

  36. 36.

    WaterGirl

    February 25, 2023 at 2:45 pm

    @Leslie: I am so relieved!  :-)

  37. 37.

    RaflW

    February 25, 2023 at 2:45 pm

    @WG Surely if we had more judges at every level, the slow-walking of time-sensitive cases would not be quite so rewarding to the people who want things to move as slowly as possible?

    Are there things we can be doing to help move things along? Several weeks ago I saw that Ron “July 4th in Moscow” Johnson had blue-slipped at least one judge, so I fired off missives to my five non-MAGA Senators (hey, if I have wealth privilege, I may as well use it to have ‘home’ addresses to write as a constituent – if not a voter in 2 of 3 – to all my Dems).

    So far I’ve heard back from Amy K. I liked this bit:
    “Thank you for taking the time to write to my office about judiciary blue slips. Based on your comments, it is clear to me that you have thought about this issue at length.” LOL, yeah, I had said a few choice things about what the GOP will do with blue slips in 2025 if they regain the Senate majority.

  38. 38.

    BlueGuitarist

    February 25, 2023 at 2:46 pm

    Perry, PA-10 is beatable.

    2020 D $10 million, lost by 7 points

    2022 D $400 k, lost by 8 points

    also overlaps flippable state senate and state house seats.

  39. 39.

    WaterGirl

    February 25, 2023 at 2:54 pm

    @Steve in the ATL:  Yeah, he had a lot to say about that!

    It has been an odd couple of days, but I don’t think it’s a bad thing that people feel like Balloon Juice is a safe place to vent.

    I can only imagine how protective I would feel about a child with autism, and they may feel their hands are tied because his wife works there, too.  He’s probably so angry that he feels like he might spontaneously combust, and I can live with a dozen comments, or skip by them if they annoy me.

    But I will admit that when they were handing out traits, I got a pretty good dose of empathy.  I’m not as bad as my sister, though, who feels bad for the goalie on the other team when her own team is winning.

  40. 40.

    RaflW

    February 25, 2023 at 2:55 pm

    @WaterGirl: Is it vandalism, really, if the stickers are of course removable? ;)

    I worked at Austin, TXs only early-90s LGBTQ bookstore. In addition to literature, pulp fiction, and whatever legally-permissible smut-ish things an all-ages store could offer, we sold a lot of bumper stickers. There were a surprising number of out of state tourists who would buy rainbow flags and put them on rental cars, with the plan to just say on return, “Whatever, peel it off, I have a plane to catch.”

    We also sold pink triangle ink-stamps that were popular (or so I’m told, I wouldn’t know personally) for criminally defacing the US dollar. Oh well!

  41. 41.

    James E Powell

    February 25, 2023 at 2:58 pm

    @OzarkHillbilly:

    I can’t recall if Tribe thought he had any chance of winning in Bush v Gore.  The cold brutality of modern Republican jurisprudence makes Tribe’s thoughts into irrelevant sophistry. The only thing that matters is winning elections.

  42. 42.

    WaterGirl

    February 25, 2023 at 2:58 pm

    @RaflW: I can’t even read the letters I get from Dick Durbin anymore, and he’s even on our side!

    They just piss me off because they are completely formulaic and it’s very clear that whatever my call was about, it had no impact on anything.

    It’s like they didn’t actually read what I wrote, and I’m sure they didn’t!

  43. 43.

    WaterGirl

    February 25, 2023 at 2:59 pm

    @BlueGuitarist: Yeah, I think we need to add PA and NC to our list of key states.

  44. 44.

    WaterGirl

    February 25, 2023 at 3:00 pm

    @RaflW: Hahaha, I love that.

  45. 45.

    different-church-lady

    February 25, 2023 at 3:00 pm

    This is like, “What if Nixon had resigned and then Watergate stretched out another five years?”

  46. 46.

    patrick II

    February 25, 2023 at 3:01 pm

    @WaterGirl

    I am not the most sophisticated listener, however, I am concerned about Sebastian.  He seemed to be mixing in the real world, and particularly a tragic death, with the imaginary one he was creating for some reason (a computer game perhaps?).

    He seemed much more confused than the commentator we have read for a while now would post. I wouldn’t mind if someone who might know him reached out to make sure he is O.K.  Perhaps I am just easily trolled, perhaps it wasn’t him, but it seemed past that to me.

  47. 47.

    kalakal

    February 25, 2023 at 3:01 pm

    @Steve in the ATL: If it was my kid I’d want a good rant too, I’d be bloody furious and scared for the kid.  In my case I’d probably go for a long walk in the woods and kick a tree or something. I just skipped through them but I was surprised at how many there were

  48. 48.

    RaflW

    February 25, 2023 at 3:01 pm

    @WaterGirl: Last night was odd. There was a ‘wires crossed’ feeling that was too hard to sort through lateish on a weekend night when one hopes for more things like “Can I put a leash on a cat”, which saved the thread for me – even as I skimmed fast and departed.

  49. 49.

    different-church-lady

    February 25, 2023 at 3:02 pm

    @kalakal: ​
      Wow, I should go have a look at… wait, what the fuck am I thinking?!?

  50. 50.

    different-church-lady

    February 25, 2023 at 3:03 pm

    @RaflW: Stick with, “What about the squirrels?” You can’t miss.

  51. 51.

    different-church-lady

    February 25, 2023 at 3:04 pm

    @WaterGirl: ​
      It’s cold. I’m hiding under the covers.

  52. 52.

    kalakal

    February 25, 2023 at 3:05 pm

    @patrick II: What worried me about it was, that on top of the largely  incomprehensible content, it was if he was having frequent massive mood swings throughout. He was all over the place emotionally, logically, and in how he responded

  53. 53.

    different-church-lady

    February 25, 2023 at 3:06 pm

    That bald eagle mother in Big Bear just spent like the last 90 minutes literally covered in snow while sitting on her eggs. Tough birds, bald eagles.

  54. 54.

    Baud

    February 25, 2023 at 3:06 pm

    @kalakal:

    an epic set of truly incomprehensible posts delivered with great energy and zero tact

     

    May I nominate?

  55. 55.

    kalakal

    February 25, 2023 at 3:07 pm

    @different-church-lady: It was… odd and more than a little concerning

  56. 56.

    zhena gogolia

    February 25, 2023 at 3:09 pm

    @different-church-lady: No, don’t. It’s disturbing. But I don’t know what we can do from our various positions.

  57. 57.

    patrick II

    February 25, 2023 at 3:12 pm

    I am not a lawyer, obviously, but hasn’t the Supreme Court held back access to some documents in the last couple of years because they were not legitimately part of a congressional investigation that might change law?  Was it Trump’s taxes (at the behest of the executive branch?) So, if something isn’t related to a congressional investigation related to creating new law, then consistency would hold that Perry should not be able to protect those documents.

    And slightly off topic — WTF was he doing with messages still on his phone he is worried about a year-and-a-half after Jan 6, 2021? Did he not see other’s phones being subpeoned nor follow the Secret Service’s example?  How dumb does he have to be?

    (Grammerly says this comment is assertive, direct, and curious. It’s nice software if you don’t mind an AI looking over your shoulder.)

  58. 58.

    Ohio Mom

    February 25, 2023 at 3:14 pm

    @kalakal: As a mom of a 25 yo with autism, the story is more than “This smucky manager screwed my kid.” It’s looking at all the pieces of the story — including the clueless things Young Manatee did — and despairing that Young Manatee will ever be able to manage life independently. And if he can’t, who is going to step in when you, the parents, are gone?

    If it wasn’t this asshole manager, it will be another asshole somewhere else. Because Young Manatee is going to misread another situation again, and again, and the world is an unforgiving place — well, too many of the people of the world are unforgiving.

  59. 59.

    Ohio Mom

    February 25, 2023 at 3:18 pm

    @Ohio Mom: The irony of the story is, we autism parents are told our kids need allies at their workplaces. This young man had his *mother* in the same workplace, and even that did not get the slack he needed cut for him.

    They definitely have a legal case but those things are expensive and uncertain and terribly draining. Most people decide to just move on.

  60. 60.

    different-church-lady

    February 25, 2023 at 3:19 pm

    @Baud: Saying the nomination is allowed, I will second.

  61. 61.

    different-church-lady

    February 25, 2023 at 3:21 pm

    Warning: once I get some paperwork done, I’m going to let some brown alcohol turn me into someone who might need some intervention as well.

  62. 62.

    Omnes Omnibus

    February 25, 2023 at 3:26 pm

    @WaterGirl: I have to say that it was interesting to be the least jackal-like person on the first part of that thread.   He was obviously trying to do something important to him but failing to read the moment and failing to be clear.  Earnestness and lack of clarity is a tough combination.

  63. 63.

    sab

    February 25, 2023 at 3:30 pm

    @Ohio Mom: My stepson works as a machinist and loves his job and they seem to like him.

    The shop just hired a young man on the spectrum. My stepson has been hanging out with a him a bit at work because nobody else was. The kid now hangs around him all the time and never stops chattering. My stepson is fine with that.

    The kid told him that he  (stepson) is the first friend he ( kid) has ever had. Stepson is still shocked. Hopefully he wil be in a position to help if needed. He says the kid’s machining skills are fine.

  64. 64.

    kalakal

    February 25, 2023 at 3:35 pm

    @Ohio Mom: Yes, that’s what I got from those posts.  Manatee is not just furious with that asshole, he’s frantic at the effect it’s going to have on Young Manatee going forward. It doesn’t even take people being assholes, just common or garden thoughtlessness and rudeness will do it.

    Many years ago I worked as a nurse for people with learning disabilities,

    and the plight of many of the parents broke my heart.

    And if he can’t, who is going to step in when you, the parents, are gone?

    This was/is the thing. Well in part it was/is people like me and we tried our best but we’re not the same as parents and ( this was in England) were disgracefully underesourced

    You are absolutely right, the world is an unforgiving place.

    I had to leave that job before it broke me, compared to a parent I had it easy, and they don’t have the option of walking away

    ETA I am not conflating Autism with learning disabilities, I’m referencing individuals ability to be independent, apologies if the language is clumsy

  65. 65.

    lowtechcyclist

    February 25, 2023 at 3:39 pm

    @Omnes Omnibus: ​
     

    He was obviously trying to do something important to him but failing to read the moment and failing to be clear. Earnestness and lack of clarity is a tough combination.

    I’ll admit I only gave the Sebastian parts of the thread a fast skim just now, but late in the thread someone asked him why, after asking for help, he didn’t do one longish post explaining his ask, rather than a bunch of bits and pieces. His response was to say that he had a lot going on at once and didn’t have the luxury of time.

    Gotta admit my reaction was, ‘well come back when you DO have enough time.’ Why would you try to engage a bunch of people with your request if you don’t have time to explain it properly? Sheesh.

  66. 66.

    Matt McIrvin

    February 25, 2023 at 3:40 pm

    @WaterGirl: Harlan Ellison occasionally used the phrase “bone-stick-stone stupid.” Might be considered ableist now though I think true stupidity is a measure of the will to ignorance, not cognitive ability.

  67. 67.

    Steve in the ATL

    February 25, 2023 at 3:43 pm

    @different-church-lady: looking forward to some all caps posting!!!   That is your best work.

  68. 68.

    Ken

    February 25, 2023 at 3:43 pm

    @Baud: We would never need to rotate tags again.

  69. 69.

    Ohio Mom

    February 25, 2023 at 3:45 pm

    @sab: Good for your stepson. I hope some of his other coworkers step up too. I worry this could turn into a burden for Stepson if the young coworker starts expecting too much from him.

    Machining is one of those jobs some autistics are just made for (not my fine motor skill-challenged son however). It takes an intense level of concentration (which many autistics have) and if you are not social, well, an awful lot of machinists aren’t all that social either.

    I know one autistic machinist and one autistic welder. The welder’s mother said that the Covid lockdown was heaven sent for her son, who abhors talking to people. All autistics seem different until you know them, then their similarities stun you.

  70. 70.

    different-church-lady

    February 25, 2023 at 3:46 pm

    @Matt McIrvin: “The secret is to bang the rocks together, guys.”

  71. 71.

    Matt McIrvin

    February 25, 2023 at 3:46 pm

    @patrick II: Hmm. Never occurred to me that what he was talking about might be less than real.

    It seemed like he was in the process of founding some kind of religious philanthropic youth organization with vibes that… would very much not have been to my taste, but I didn’t come out of that subculture and I can understand that to some people it would appeal.

    But it did get a little confusing as it went on.

  72. 72.

    kalakal

    February 25, 2023 at 3:46 pm

    @Ken: Hah! The Omnitag!

    @Baud: Nominate away

  73. 73.

    Steve in the ATL

    February 25, 2023 at 3:54 pm

    @kalakal: a rant is fine, and understandable, and I am also a protective parent who get upset when bad things, especially unfair things, happen to my kids.   But in the real world, things like this happen all the time, even to non-autistic kids. Hell, I’ve had shit like this happen to me and I’m a professional in the field of labor and employment law. Post your rant, then go do something to fix the situation or find a good therapist or both.

    If there is a legal claim to be made here, under the ADA or anything other law(s), this series of posts is going to do major damage to that claim. And naming the manager repeatedly was doxxing as he is not a public figure.  Far worse that when Omnes’ real name was posted here (who knew there is an actual person in Wisconsin named Snidely Whiplash?).

  74. 74.

    gene108

    February 25, 2023 at 3:56 pm

    Karen Henderson was appointed by Bush, Sr.

    Gregory Katsas and Neomi Rao are Trump appointees.

    I’m going to assume they rule in favor of Perry. The odds any Republican places what’s good for the country over what’s good for the Party is highly suspect.

  75. 75.

    RaflW

    February 25, 2023 at 3:56 pm

    Maybe I should wait for the Alan’s daily post, but I’m reading the long and detailed Politico (I know, but in this case, it seems pretty compelling) ‘oral history’ by primarily US voices, of the run-up to the illegal and immoral Russian invasion.

    This quote just jumped off the page for me, applicable to so much current GOP politicking

    Vice Adm. Frank Whitworth: There have been times that false pretexts are uttered by irresponsible actors, and if you’ve got the goods in terms of being able to expose that, we’ve all learned that you have to expose that stuff.

  76. 76.

    zhena gogolia

    February 25, 2023 at 3:58 pm

    @Steve in the ATL: I thought he was Dudley Do-Right!

  77. 77.

    🐾BillinGlendaleCA

    February 25, 2023 at 4:01 pm

    @WaterGirl: I was up late, putting together an OTR post.  That’s my excuse and I’m sticking with it!

  78. 78.

    Steve in the ATL

    February 25, 2023 at 4:01 pm

    @zhena gogolia: you forgot to use sarcasm font!

  79. 79.

    WaterGirl

    February 25, 2023 at 4:01 pm

    @lowtechcyclist: I would be rattled if it felt like 15 people were attacking me at the same time.  I might think “fuck this, I’m out of here” and then a minute later try to explain myself, and then if someone wrote a decent non-attacking comment after a bunch of hurtful ones, that might leave responding differently than I had 5 minutes before.

    Sometimes, if someone asks you to explain something that seems totally obvious to you, it’s easy to be at a loss.  Imagine having to explain why you think the sky is blue?  I wouldn’t even know where to begin.

    Sebastian has been here a long time, and it seems fair to extend some grace even though I didn’t understand what he was saying.

    Like I said, I’m still pissed at my sister talking about me behind my back, in front of me, so I can imagine that some of the responses last night were very hurtful.

  80. 80.

    Ohio Mom

    February 25, 2023 at 4:02 pm

    @kalakal: Don’t apologize, you get it completely. I remember your description of your old job. I think you calling the range of disabilities presented by your students “learning disabilities” is one of those instances of Americans and British not speaking the same language.

    Here we would call your old students developmentally disabled; “learning disabled” is used to describe students of at least average intelligence who are challenged in specific areas such as reading or math. It is quite possible for an LD learner in one area to excel in another, there aren’t usually the sort of global deficiencies that someone with a development disability often/typically presents.

    I suspect that Manatee’s anguish includes worries about his son’s emotional state. People with autism tend to be at very high risk of depression. Being fired for reasons you don’t understand, on top of a lifetime of being misunderstood, isolated, and most likely, bullied — it all adds up (yes, looking at you, commentator at #30, this wasn’t a high-school job, it was probably the level of employment Young Manatee could expect his entire life).

  81. 81.

    WaterGirl

    February 25, 2023 at 4:02 pm

    @Steve in the ATL: LOL.  Literally.  I scared the cat with my guffaw!

  82. 82.

    WaterGirl

    February 25, 2023 at 4:03 pm

    @Ken: It’s nearly universal – nearly everyone would think the was about them!

  83. 83.

    Steve in the ATL

    February 25, 2023 at 4:04 pm

    @WaterGirl:

    I would be rattled if it felt like 15 people were attacking me at the same time

    Obviously you have never argued a case in front of an appellate court. Or had a wife and daughters!

  84. 84.

    WaterGirl

    February 25, 2023 at 4:04 pm

    @Steve in the ATL:

    If there is a legal claim to be made here, under the ADA or anything other law(s), this series of posts is going to do major damage to that claim.

    Oh, interesting.  Why is that?

  85. 85.

    NotMax

    February 25, 2023 at 4:05 pm

    @different-church-lady

    From wry to rye?

  86. 86.

    kalakal

    February 25, 2023 at 4:05 pm

    @Steve in the ATL:

    If there is a legal claim to be made here, under the ADA or anything other law(s), this series of posts is going to do major damage to that claim. And naming the manager repeatedly was doxxing as he is not a public figure

    That had never even occurred to me.

    Seems my kicking trees coping strategy is the better one. ( they’re my trees)

    I’d never had him figured for a Snidely

  87. 87.

    WaterGirl

    February 25, 2023 at 4:09 pm

    @Steve in the ATL: My lifelong friend gave the eulogy at my dad’s funeral, because we had lost my mom 10 years before and the 3 of us daughters couldn’t hold it together well enough to speak.

    The first thing Steve said was about my dad having 3 daughters and having to be a patient man.  So I get what you’re saying.

  88. 88.

    Baud

    February 25, 2023 at 4:09 pm

    @Steve in the ATL:

    Obviously you have never argued a case in front of an appellate court.

     

    Pu-leeze. You’re management side. The appellate courts probably serve you wine and cheese while they massage your feet.

  89. 89.

    gene108

    February 25, 2023 at 4:14 pm

    @different-church-lady:

    This is like, “What if Nixon had resigned and then Watergate stretched out another five years?”

    I feel J6 and the entirety of the Trump admin is like Nixon pardoning some henchmen on the way out, while no one else involved with Watergate ever got indicted for anything.

  90. 90.

    James E Powell

    February 25, 2023 at 4:15 pm

    @Steve in the ATL:

    Obviously you have never argued a case in front of an appellate court. Or had a wife and daughters!

    Or told your middle school English class when the essays are due.

  91. 91.

    Sister Golden Bear

    February 25, 2023 at 4:20 pm

    @WaterGirl: Would it be so wrong if someone plastered PG&E trucks this summer with bumper stickers reading “Come on baby let me light your fire. Try to light the night on fire.”? Asking for for friend.

  92. 92.

    oldgold

    February 25, 2023 at 4:23 pm

    The Special Counsel, if he has not done so already, needs to put the documents case on the fast track. He only has so much time and resources.  At this point they are best spent on the documents case.

  93. 93.

    kalakal

    February 25, 2023 at 4:24 pm

    @Ohio Mom: Thanks. The language is a real problem and I’m never sure what the current phrasing is. When I was doing that job it was the terrible phrase “mentally handicapped” which was I guess an improvement on the place being called a mental asylum.

    I suspect that Manatee’s anguish includes worries about his son’s emotional state

    That’s what I was picking up. I expect Young Manatee was very proud he had a job, earning money, doing ‘real’ things and this will have come as a horrible shock to him, especially as he probably has no idea why

  94. 94.

    Mr. Bemused Senior

    February 25, 2023 at 4:25 pm

    @Sister Golden Bear:  I would use the original lyrics, they seem fine, “come on baby, light my fire.”  Eliane Elias has a great cover of that song, album by the same name.

  95. 95.

    Betty

    February 25, 2023 at 4:27 pm

    @WaterGirl: I finally found it. Judge Howell is stepping down in March. Her replacement is expected to be good.

  96. 96.

    Matt McIrvin

    February 25, 2023 at 4:29 pm

    It looks like we are actually heading for another relative break from COVID here in the Northeast. These things never last but we can enjoy them when they happen.

  97. 97.

    different-church-lady

    February 25, 2023 at 4:29 pm

    @NotMax: ​
      …and then probably onto cry.

  98. 98.

    zhena gogolia

    February 25, 2023 at 4:34 pm

    @different-church-lady: You guys are funny.

  99. 99.

    Tom Levenson

    February 25, 2023 at 4:38 pm

    @Sister Golden Bear: I am in favor of this.

  100. 100.

    different-church-lady

    February 25, 2023 at 4:38 pm

    @zhena gogolia: I AM MAKING JOKES AT MY OWN EXPENSE AND YOU ARE LAUGHING AT THEM?!?

  101. 101.

    NotMax

    February 25, 2023 at 4:39 pm

    @different-church-lady

    As Jason Robards Jr’s character described the four stages of dedicated imbibing in a movie:

    The jocose, the bellicose, the lachrymose and the comatose.
    ;)

  102. 102.

    Sister Golden Bear

    February 25, 2023 at 4:43 pm

    @Mr. Bemused Senior: Except that it’s PG&E that’s lighting the state on fire every summer.

  103. 103.

    kalakal

    February 25, 2023 at 4:46 pm

    Meanwhile in the Land of Plenty Empty Shelves it appears railway staff are not best pleased. Worse, they’ve resorted to sarcasm.

    Trips to Tomatoland

  104. 104.

    Mr. Bemused Senior

    February 25, 2023 at 4:46 pm

    @Sister Golden Bear:  yeah but I think the idea comes across.  Up to you of course.  :-)

  105. 105.

    WaterGirl

    February 25, 2023 at 4:47 pm

    @Baud: 💕

  106. 106.

    WaterGirl

    February 25, 2023 at 4:48 pm

    @Sister Golden Bear:  I know nothing… nothing!  :-)

  107. 107.

    WaterGirl

    February 25, 2023 at 4:49 pm

    @Betty:   Thank you for finding that!  But that’s a bummer.

    superb known entity > we think this person will be good, too.

  108. 108.

    Steve in the ATL

    February 25, 2023 at 4:51 pm

    @Baud: well sure but (1) the wine was a bland Pinot noir, and (2) Clarence Thomas has really rough hands.

  109. 109.

    Steve in the ATL

    February 25, 2023 at 4:52 pm

    @different-church-lady: aw yeah there it is!

  110. 110.

    WaterGirl

    February 25, 2023 at 4:55 pm

    @Steve in the ATL: You beat me to it.

    Best comment of the day.

    (2) Clarence Thomas has really rough hands.

  111. 111.

    Another Scott

    February 25, 2023 at 4:57 pm

    @Steve in the ATL: Really?  IANAL, but this seems a bit, er, over the top. Not saying you’re wrong. :-/

    I’m reminded of TBogg and a Mr. G.T., jr. of Greenville, SC.

    Popehat’s take on that saga.

    Cheers,
    Scott.

  112. 112.

    Manyakitty

    February 25, 2023 at 4:58 pm

    @WaterGirl: wtaf? Also, I know better than to click through and read the replies, but YIKES. Whole lotta ignorant out there, especially the guy who came right out and said he doesn’t care how the government works. YIKES 😬😳

  113. 113.

    Steve in the ATL

    February 25, 2023 at 5:01 pm

    @Ohio Mom: on the off chance you’re referring to me (/s), I am completely sympathetic to their plight.  But there is a time and place, and the number of posts, the level of vitriol, and the amount of other people’s PII was inappropriate for a public forum, especially one not focused on people with disabilities.

  114. 114.

    Manyakitty

    February 25, 2023 at 5:02 pm

    @Steve in the ATL: still not clear about the goal of all that, either. Been an interesting few days around here.

  115. 115.

    Steve in the ATL

    February 25, 2023 at 5:04 pm

    @Another Scott:

    Not saying you’re wrong

    That at least confirms that you are not my wife or daughter!

  116. 116.

    Manyakitty

    February 25, 2023 at 5:08 pm

    @Ohio Mom: it’s definitely a legitimate concern. That said, he seemed to think that somehow the manager would see the posts? Maybe? I mean, get it out if you need, but what is the goal of putting it on the record here?

  117. 117.

    trollhattan

    February 25, 2023 at 5:09 pm

    Weather Service Twitter is not usually very interesting. Right now, it’s pretty interesting.

    This morning Redding and Red Bluff reported a half foot of snow, which is all kinds of weird but I’m sure kids are loving it.

    This isn’t even the “big storm”–that’s coming Monday – Wednesday.

    Whee!

  118. 118.

    trollhattan

    February 25, 2023 at 5:12 pm

    The NZ albatross cam link provided by (who else?) Albatrossity shows the little fluff ball by him/herself as mum shops for dinner, I suppose. At least it’s got a nice view from its little hole in the turf.

  119. 119.

    WaterGirl

    February 25, 2023 at 5:13 pm

    @Another Scott: That was awesome.

  120. 120.

    trollhattan

    February 25, 2023 at 5:15 pm

    Fly your freak flag, Tulsi edition. Goddamn, she’s found a new bag of shovels and is busy finding the best one. When you’ve flummoxed Jesse Watters….

    Tulsi Gabbard on Friday made the wild claim that there’s a historical “connection” between Nazism and the diversity-minded personnel choices made by the Biden administration—a statement that Fox News host Jesse Watters couldn’t get behind.

    Gabbard, who seemingly hasn’t missed a chance to bash the Democratic Party as a Fox News contributor since she announced her departure from it last October, said “identity politics” was one factor in her decision.

    “You see how their agenda of identity politics is directly undermining the traditional democratic values that were expressed so beautifully and clearly by Dr. Martin Luther King: that we should judge each other not based on the color of our skin, but based on our character,” Gabbard said, citing what was recently dubbed “the right’s favorite MLK quote.”

    “And yet…they are proud to be judging people, hiring people, selecting people based on race,” she continued, reminiscent of some conservative commentators’ disapproval of Biden’s pledge to nominate the first Black Supreme Court justice. “Let’s be clear how serious of a problem this is. It’s based on genetics, race, based on your blood, your genes; and where do we see that connection? Well, these are the very same geneticist core principles embodied by Nazism and Adolf Hitler.”

    Watters, likely sensing the inherent problem with Gabbard’s comment, followed up: “You are saying the focus on genetics is in a way similar to what was going on in Germany?”

    Gabbard, who is no stranger to making comparisons between Biden and Hitler, made clear that this was no misstatement.

    “You look at the core values and core principles of Adolf Hitler and Nazism. What is it based on? It’s based on genetics,” the former Hawaii congresswoman said.

    https://www.thedailybeast.com/tulsi-gabbard-shocks-fox-news-host-by-comparing-biden-to-hitler?ref=home

  121. 121.

    different-church-lady

    February 25, 2023 at 5:17 pm

    @Steve in the ATL: And I haven’t even started drinking yet.

  122. 122.

    lowtechcyclist

    February 25, 2023 at 5:18 pm

    @WaterGirl: ​
     

    I would be rattled if it felt like 15 people were attacking me at the same time. I might think “fuck this, I’m out of here” and then a minute later try to explain myself, and then if someone wrote a decent non-attacking comment after a bunch of hurtful ones, that might leave responding differently than I had 5 minutes before.

    No, before that!

    I mean, go back and read his posts 10, 11, 13, and 15 in that thread. (His 3rd through 6th posts there.) By #15, the only reaction to him has been a single “Um, what?” There’s no way to blame those posts on hostility from other posters.

    But that’s the behavior that I understood smike @122 (the poster I referred to earlier) to be referring to. It continued after he was getting a lot of shit, too, but it was right there from the start. So his explaining “because I am wearing four hats and have two phones and not everyone has the leisure of time? lol” still doesn’t sit well with me.

    If he goes and says “I have this vision of this utopian organization, but instead of explaining further, I’m expecting you to go read the stuff at these links before I even get to my ask” because he’s too damn busy, then as Burton Cummings might say, no time left for him.

  123. 123.

    different-church-lady

    February 25, 2023 at 5:18 pm

    @trollhattan: ​
      She deserves a Nobel Prize in missing the point.

  124. 124.

    Jim, Foolish Literalist

    February 25, 2023 at 5:26 pm

    @trollhattan:

    she continued, reminiscent of some conservative commentators’ disapproval of Biden’s pledge to nominate the first Black Supreme Court justice.

    Daily Beast? Another crackerjack editing job by Sam Stein

    ETA: I’ll let someone else point out that up until about six weeks ago, Tulsi was a fellow at something called The Sander Institute

  125. 125.

    Baud

    February 25, 2023 at 5:26 pm

    @different-church-lady:

    She’s not missing anything.  She knows what she’s doing.

  126. 126.

    Steve in the ATL

    February 25, 2023 at 5:30 pm

    @lowtechcyclist: never mind that he said the websites linked to weren’t even ready yet!

    Anyway, as Omnes and others have noted, Sebastian is a long-time poster here and not a troll.

  127. 127.

    Steve in the ATL

    February 25, 2023 at 5:32 pm

    @trollhattan:
     

    conservative commentators’ disapproval of Biden’s pledge to nominate the first Black Supreme Court justice

    Did someone leave out the word “female”? As my post above clearly referenced, there was already a black Supreme Court justice.

  128. 128.

    Baud

    February 25, 2023 at 5:32 pm

    @Steve in the ATL:

    Assuming it’s the same guy.

  129. 129.

    kalakal

    February 25, 2023 at 5:32 pm

    @trollhattan: Let us hope that Dominion take Fox to the cleaners and that Fox have make economies. It would be rather sweet if her new grift proves to be ephemeral just after she’s burnt so many bridges to get it

  130. 130.

    delphinium

    February 25, 2023 at 5:38 pm

    @different-church-lady: ​
    Or perhaps even a Goebbels Prize.

  131. 131.

    Geminid

    February 25, 2023 at 5:40 pm

    @kalakal: I think Gabbard is looking towards a 3rd party or independent run for president next year. She is auditioning for Peter Thiel and his peers,  and maybe for the “Mises Caucus” that now controls the Libertarian Party.

  132. 132.

    different-church-lady

    February 25, 2023 at 5:40 pm

    @delphinium: No more calls, please, we have a winner.

  133. 133.

    WaterGirl

    February 25, 2023 at 5:40 pm

    @Baud: It’s the same person.

  134. 134.

    Jackie

    February 25, 2023 at 5:41 pm

    CNN is airing an Obama documentary this evening: “Obama: In Pursuit of a More Perfect Union” It covers his formative years in Chicago, his upbringing and education. Part 1 @ 8:00 and Part 2 @9:00 ET.

  135. 135.

    lowtechcyclist

    February 25, 2023 at 5:44 pm

    @tobie: ​
     

    I bet this case will go to an en banc hearing.

    I think that’s definitely the way to go, rather than appealing directly to SCOTUS where they could potentially leave the 3-judge panel’s decision in effect by a mere cert. denied. Make those fuckers have to issue a decision overruling the full DC Circuit if they’re going to rule the wrong way.

  136. 136.

    trollhattan

    February 25, 2023 at 5:57 pm

    Newsflash: Ted Cruz did not get smarter in the last month.

    https://twitter.com/tedcruz/status/1629130275908198403

  137. 137.

    Another Scott

    February 25, 2023 at 6:14 pm

    Meanwhile, … LOLGOP:

    lolgop @[email protected]

    Congratulations to everyone who has not checked the stats of a single one of your tweets this week for having a richer interior life than the second wealthiest person who ever lived.

    Yeah! Yay!!! [ high-5s-all-around ]

    Cheers,
    Scott.

  138. 138.

    zhena gogolia

    February 25, 2023 at 6:24 pm

    @WaterGirl: Oh, that is disturbing. I was hoping maybe it was another Sebastian.

  139. 139.

    zhena gogolia

    February 25, 2023 at 6:24 pm

    @trollhattan: 🇺🇦🇺🇦🇺🇦 Fuck you, Ted.

  140. 140.

    Baud

    February 25, 2023 at 6:26 pm

    @zhena gogolia:

    I thought you said life was too short.

  141. 141.

    Odie Hugh Manatee

    February 25, 2023 at 6:27 pm

    Jack Smith looks like some character from a Star Trek series. At least he’s not a red shirt…lol!

    Damn this stuff moves slow but as long as it moves forward, I’m good with it.

  142. 142.

    zhena gogolia

    February 25, 2023 at 6:27 pm

    @Baud: I did not watch the video. I saw the tagline. That was enough.

  143. 143.

    zhena gogolia

    February 25, 2023 at 6:27 pm

    @Odie Hugh Manatee: I just adore that picture of him in the purple robes.

  144. 144.

    Baud

    February 25, 2023 at 6:28 pm

    @zhena gogolia:

    👍

  145. 145.

    Cameron

    February 25, 2023 at 6:45 pm

    @zhena gogolia: That and the icy expression are why he looks like like an inquisitor to me. “Perhaps you should try on the Spanish boot, Mr. Pence. It might improve your memory.”

  146. 146.

    NotMax

    February 25, 2023 at 6:51 pm

    @zhena gogolia

    Am liking this updated version of Mr. Smith Goes to Washington.
    ;)

  147. 147.

    prostratedragon

    February 25, 2023 at 7:06 pm

    Ernestine calls the CIA

  148. 148.

    Odie Hugh Manatee

    February 25, 2023 at 7:14 pm

    @zhena gogolia:

    Yep, it’s a good picture. I hope seeing it gives TFG ulcers and sleepless nights.

  149. 149.

    WaterGirl

    February 25, 2023 at 7:20 pm

    @Cameron: @zhena gogolia:

    There’s also this photo, but I much prefer the purple one.

    Though I do like the gray in the beard.

  150. 150.

    karen marie

    February 25, 2023 at 8:50 pm

    @WaterGirl: The signature page on that letter is a clown car of stupid.

  151. 151.

    sab

    February 26, 2023 at 5:24 am

    Every photo I see of Jack Smith I think he thinks ” they are taking my picture again and I really wish they would not.”  I bet his family photos are cheerful.

  152. 152.

    WaterGirl

    February 27, 2023 at 9:19 am

    @karen marie: No surprise there!  They have most definitely shown us who they are.

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