emptywheel
@emptywheel.bsky.social
Coverage of American authoritarianism with a focus on legal cases. An American-Irish in Limerick, Ireland.
Legendary potty mouth!
Legendary potty mouth!
Reposted by emptywheel
More fun with Trumpy numbers.
He's floated sending $2,000 checks to every household, "except rich ones," whatever that means, financed by tariff revenues.
It would cost $265 billion. Tariff revenue since Liberation Day has totaled $151 billion.
Bit of a shortfall.
He's floated sending $2,000 checks to every household, "except rich ones," whatever that means, financed by tariff revenues.
It would cost $265 billion. Tariff revenue since Liberation Day has totaled $151 billion.
Bit of a shortfall.
November 11, 2025 at 12:06 AM
More fun with Trumpy numbers.
He's floated sending $2,000 checks to every household, "except rich ones," whatever that means, financed by tariff revenues.
It would cost $265 billion. Tariff revenue since Liberation Day has totaled $151 billion.
Bit of a shortfall.
He's floated sending $2,000 checks to every household, "except rich ones," whatever that means, financed by tariff revenues.
It would cost $265 billion. Tariff revenue since Liberation Day has totaled $151 billion.
Bit of a shortfall.
Reposted by emptywheel
maybe all you referees who didn’t want to publish our paper on programmatic subsidies in competitive authoritarian regimes want to know what happens when regimes do this
President Trump has again floated giving out rebates from tariff funds, but sending direct payments to Americans would be difficult and ultimately unlikely.
Here’s what’s going on with tariffs and the pledge of dividends:
Here’s what’s going on with tariffs and the pledge of dividends:
Trump floated tariff rebates for Americans. That faces many challenges.
President Trump's plan to give Americans tariff rebates faces significant challenges and may not happen.
www.washingtonpost.com
November 11, 2025 at 12:05 AM
maybe all you referees who didn’t want to publish our paper on programmatic subsidies in competitive authoritarian regimes want to know what happens when regimes do this
Onto Comey's vindictive and selective prosecution argument. This ¶ is super important, bc it gets to how inapt exist precedents on whether related investigators can be source of animus. A president is different.
November 10, 2025 at 11:17 PM
Onto Comey's vindictive and selective prosecution argument. This ¶ is super important, bc it gets to how inapt exist precedents on whether related investigators can be source of animus. A president is different.
Reposted by emptywheel
Update: In 3 recent editorials, WaPo failed to disclose owner Jeff Bezos's interest in the matter under discussion.
WaPo added one disclosure after @bgrueskin.bsky.social called it out.
Two weeks after my story, the other two editorials still have none. And the paper still won't say why
WaPo added one disclosure after @bgrueskin.bsky.social called it out.
Two weeks after my story, the other two editorials still have none. And the paper still won't say why
'Washington Post' editorials omit a key disclosure: Bezos' financial ties
Three times in the past two weeks, editorials at the 'Washington Post' failed to disclose that they focused on matters in which owner Jeff Bezos had a material interest.
www.npr.org
November 10, 2025 at 10:56 PM
Update: In 3 recent editorials, WaPo failed to disclose owner Jeff Bezos's interest in the matter under discussion.
WaPo added one disclosure after @bgrueskin.bsky.social called it out.
Two weeks after my story, the other two editorials still have none. And the paper still won't say why
WaPo added one disclosure after @bgrueskin.bsky.social called it out.
Two weeks after my story, the other two editorials still have none. And the paper still won't say why
Onto Tish James' Lindsey Halligan challenge.
This section is mostly a pedantic fact check of word "only," but worth noting.
This arg is not in Comey's reply. Does Lindsey the Insurance Lawyer even LIVE in EDVA? How close is she to Trump's insurrection?
storage.courtlistener.com/recap/gov.us...
This section is mostly a pedantic fact check of word "only," but worth noting.
This arg is not in Comey's reply. Does Lindsey the Insurance Lawyer even LIVE in EDVA? How close is she to Trump's insurrection?
storage.courtlistener.com/recap/gov.us...
November 10, 2025 at 10:18 PM
Onto Tish James' Lindsey Halligan challenge.
This section is mostly a pedantic fact check of word "only," but worth noting.
This arg is not in Comey's reply. Does Lindsey the Insurance Lawyer even LIVE in EDVA? How close is she to Trump's insurrection?
storage.courtlistener.com/recap/gov.us...
This section is mostly a pedantic fact check of word "only," but worth noting.
This arg is not in Comey's reply. Does Lindsey the Insurance Lawyer even LIVE in EDVA? How close is she to Trump's insurrection?
storage.courtlistener.com/recap/gov.us...
Here's how Jim Comey mocks Pam Bondi's attempt to retroactively make Lindsey Halligan a magical pony on Halloween.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
![On October 31, 2025—36 days after Ms. Halligan purported to secure the indictment, 31
days after the statute of limitations had expired, and 11 days after Mr. Comey had filed his motion
to dismiss—the Attorney General purported to “appoint Ms. Halligan to the additional position of
Special Attorney, as of September 22, 2025, and thereby ratify her employment as an attorney of
the Department of Justice from that date going forward.” ECF No. 137-1. But that action cannot
retroactively transform Ms. Halligan into an authorized government attorney on the day she
purported to secure the indictment. In Lucia, for instance, the Supreme Court found an
Appointments Clause violation and set aside an adjudication because the relevant official “heard
and decided [the petitioner’s] case without the kind of appointment the [Appointments] Clause
requires.” 585 U.S. at 251. It did not matter that the official’s “prior appointment[]” had been
“ratif[ied]” by a Head of Department after the adjudication had been completed and “[w]hile th[e]
case was on judicial review.” Id. at 252 n.6. If such a post hoc ratification of a prior invalid
appointment sufficed, then the government could moot every Appointments Clause challenge.
The government cites no authority suggesting that an invalid appointment can be excused
so long as the government allegedly “intended” to vest the relevant official “with the powers” of](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bbp2b224lro3bfnzcqwwnkfo/bafkreif47wlavvtkcmm3xbwy76l2owgnsxuxqkm4uc6vmjlkupk2l66uwy@jpeg)
November 10, 2025 at 9:40 PM
Here's how Jim Comey mocks Pam Bondi's attempt to retroactively make Lindsey Halligan a magical pony on Halloween.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
In hearing before William Fitzpatrick on Comey bid to get grand jury transripts (where Fitzpatrick decided he'll review the transcripts in camera w/a submission from Comey's lawyers about what to look for), Loaner AUSA Diaz said they presented 14 exhibits to GJ.
There were 14 in last week's filing
There were 14 in last week's filing
November 10, 2025 at 9:11 PM
In hearing before William Fitzpatrick on Comey bid to get grand jury transripts (where Fitzpatrick decided he'll review the transcripts in camera w/a submission from Comey's lawyers about what to look for), Loaner AUSA Diaz said they presented 14 exhibits to GJ.
There were 14 in last week's filing
There were 14 in last week's filing
Reposted by emptywheel
What a great few weeks it’s been for people once pardoned by Trump.
@nytimes.com @nbcnews.com @npr.org @politico.com
@nytimes.com @nbcnews.com @npr.org @politico.com
November 10, 2025 at 8:39 PM
What a great few weeks it’s been for people once pardoned by Trump.
@nytimes.com @nbcnews.com @npr.org @politico.com
@nytimes.com @nbcnews.com @npr.org @politico.com
Reposted by emptywheel
A fantastic investigation showing that the unit run by Greg Bovino, the Border Patrol agent in charge of racial profiling in LA and Chicago, is an outlier even in an agency already notorious for unnecessary use of force. Obama and Biden could have fired him, but didn't.
www.pogo.org/investigatio...
www.pogo.org/investigatio...
November 10, 2025 at 6:51 PM
A fantastic investigation showing that the unit run by Greg Bovino, the Border Patrol agent in charge of racial profiling in LA and Chicago, is an outlier even in an agency already notorious for unnecessary use of force. Obama and Biden could have fired him, but didn't.
www.pogo.org/investigatio...
www.pogo.org/investigatio...
Aileen Cannon does not like that Ryan Routh (convicted of attempting to kill Trump) called Trump a dictator, but she'll begrudgingly reappoint counsel anyway.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
![As a preliminary matter, it is questionable whether pro se Defendant’s disrespectful
charade of a Motion warrants the exercise of discretion in favor of appointment of new counsel.
He states, in general terms, that he wants counsel “to help with the super important sentencing as
well as the somewhat important appeals process,” but then he proceeds to vilify one of the victims
of his crimes (then-presidential candidate and now President of the United States), invite a
courtroom fight with that victim (as he did in a prior filing [see ECF No. 262]), make various
inappropriate requests about trading his life in a prisoner swap (as he did in a prior court filing too
[see ECF No. 194]), and strangely assert that “just a quarter of an inch further back and we all
would not have to deal with all of this mess forwards”—evidently referring to his public attempt
to inflict self-harm in the courtroom after the verdict [ECF No. 359-1]. This largely unserious
request continues Defendant’s calculated attempts to make a mockery of this proceeding since he
elected to go pro se.
2
Nevertheless, in light of the importance of securing access to counsel, and taking due
account of the surrounding circumstances, the Court exercises its discretion to appoint counsel.
The United States does not oppose the request for appointment of counsel in anticipation of
sentencing [ECF No. 362]. Defendant made the demand sufficiently in advance of sentencing](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bbp2b224lro3bfnzcqwwnkfo/bafkreigkbcxatsga6uluoxarupwlar6722b6r4xslikwjsexqjgqpxjchm@jpeg)
November 10, 2025 at 7:53 PM
Aileen Cannon does not like that Ryan Routh (convicted of attempting to kill Trump) called Trump a dictator, but she'll begrudgingly reappoint counsel anyway.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by emptywheel
Since we're rapidly approaching Thanksgiving, some pumpkin pie history by @lifesafeast.bsky.social. I love pumpkin pie but since I was born south of the Mason-Dixon line, I also love sweet potato pie.
Who knew pumpkin pie originated in France?! jamieschler.substack.com/p/tarte-au-c...
Who knew pumpkin pie originated in France?! jamieschler.substack.com/p/tarte-au-c...
Tarte à la Citrouille - Pumpkin Pie
…highly esteemed by the Americans
jamieschler.substack.com
November 10, 2025 at 5:25 PM
Since we're rapidly approaching Thanksgiving, some pumpkin pie history by @lifesafeast.bsky.social. I love pumpkin pie but since I was born south of the Mason-Dixon line, I also love sweet potato pie.
Who knew pumpkin pie originated in France?! jamieschler.substack.com/p/tarte-au-c...
Who knew pumpkin pie originated in France?! jamieschler.substack.com/p/tarte-au-c...
I don't know when I'll write it up, but among the things Rudy Giuliani got pardoned for is destroying the lives of Ruby Freeman and Shaye Moss.
November 10, 2025 at 6:22 PM
I don't know when I'll write it up, but among the things Rudy Giuliani got pardoned for is destroying the lives of Ruby Freeman and Shaye Moss.
Reposted by emptywheel
The government shutdown has deprived Americans of food stamps, LIHEAP and 25 Head Start programs. A lot of people rely on many of these programs at once. This is the suffering they've endured: www.thenation.com/article/soci...
For Families on the Brink, Losing SNAP Benefits Has Led to Devastating Choices
With the government shutdown now the longest in history, the neediest Americans are forgoing food, medical care, and other essentials to survive.
www.thenation.com
November 10, 2025 at 6:19 PM
The government shutdown has deprived Americans of food stamps, LIHEAP and 25 Head Start programs. A lot of people rely on many of these programs at once. This is the suffering they've endured: www.thenation.com/article/soci...
FBI: Oh yeah, the FBI agent who read Jim Comey's privileged comms with Dan Richman TOTALLY briefed the GJ witness on those comms. But bc the Agent only PUT IN WRITING STUFF pre-May 11, it's all good.
DOJ: We recognize the privilege started on May 9.
DOJ: We recognize the privilege started on May 9.
November 10, 2025 at 5:27 PM
FBI: Oh yeah, the FBI agent who read Jim Comey's privileged comms with Dan Richman TOTALLY briefed the GJ witness on those comms. But bc the Agent only PUT IN WRITING STUFF pre-May 11, it's all good.
DOJ: We recognize the privilege started on May 9.
DOJ: We recognize the privilege started on May 9.
Reposted by emptywheel
New:
On The Gateway Pundit's podcast yesterday, Stewart Rhodes announced he's relaunching the Oath Keepers
He also urged Trump to “call us up as a militia" & "order us all to come together in our counties under his command."
www.mediamatters.org/oath-keepers...
On The Gateway Pundit's podcast yesterday, Stewart Rhodes announced he's relaunching the Oath Keepers
He also urged Trump to “call us up as a militia" & "order us all to come together in our counties under his command."
www.mediamatters.org/oath-keepers...
![STEWART RHODES (FOUNDER, OATH KEEPERS): And one other thing I want to say is that President Trump, as commander in chief, always has absolute authority to call all of us up as the militia because every one of us — in federal statues defining the militia, it's every able-bodied male from age 17-45. And for us veterans, it goes up to age 64 because of our prior training and experience.
Right now, under federal statutes, President Trump can call us up as the militia if he sees it necessary, especially for three purposes: to repel invasions, to suppress insurrections, and to execute the laws of the union. And right now, we see all three of those in play.
...
And the militia is all of us. So the National Guard is part of the militia, which is why it's completely lawful for him to use the National Guard as he has, and he should do more of that, I think, across the country.
...
He could just say given the circumstances of an invasion, insurrection, and resistance against federal law being being enforced, I'm calling up the militia, ordering all the men to come together [in] every county, put the veterans in charge of training and organizing all the other men and just have them stand too and await his orders. He can do that and I think he should do that. And so that's what I'll be advocating for from him. So from the bottom, from down the rank and file, we can let President Trump know that we're ready to serve, encourage him to do that, call us up as a militia, order us all to come together in our counties under his command, which gives you complete legal sanction to do what you're doing.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:af7tqcetuyt352aolf3znlxe/bafkreialm4skuozqobejpd6vx4m6kuwsgtidxmmxvj3ftcff6otiuyohiy@jpeg)
November 10, 2025 at 4:54 PM
New:
On The Gateway Pundit's podcast yesterday, Stewart Rhodes announced he's relaunching the Oath Keepers
He also urged Trump to “call us up as a militia" & "order us all to come together in our counties under his command."
www.mediamatters.org/oath-keepers...
On The Gateway Pundit's podcast yesterday, Stewart Rhodes announced he's relaunching the Oath Keepers
He also urged Trump to “call us up as a militia" & "order us all to come together in our counties under his command."
www.mediamatters.org/oath-keepers...
Reposted by emptywheel
Let the record show that President Donald Trump issued mass preemptive pardons to those involved in his effort to overturn the results of the 2020 election five years to the day since the Four Seasons Landscaping debacle in Philadelphia.
Trump Completes Jan. 6 Autocoup With Mass Preemptive Pardons
For My Friends, Everything … Let the record show that President Donald...
talkingpointsmemo.com
November 10, 2025 at 3:37 PM
Let the record show that President Donald Trump issued mass preemptive pardons to those involved in his effort to overturn the results of the 2020 election five years to the day since the Four Seasons Landscaping debacle in Philadelphia.
Reposted by emptywheel
#BREAKING: Over no public dissents, #SCOTUS denies Kim Davis's petition asking the justices to overturn Obergefell v. Hodges (which recognized federal constitutional protections for same-sex marriage):
www.supremecourt.gov/orders/court...
www.supremecourt.gov/orders/court...
www.supremecourt.gov
November 10, 2025 at 2:31 PM
#BREAKING: Over no public dissents, #SCOTUS denies Kim Davis's petition asking the justices to overturn Obergefell v. Hodges (which recognized federal constitutional protections for same-sex marriage):
www.supremecourt.gov/orders/court...
www.supremecourt.gov/orders/court...
Reposted by emptywheel
NEW: I tried to explain why there are so many victims of spyware, despite the fact that its makers have been telling us for years that the tech is only intended to be used in limited cases.
There are several reasons, including how the spyware systems are designed, and how powerful they are.
There are several reasons, including how the spyware systems are designed, and how powerful they are.
Why a lot of people are getting hacked with government spyware | TechCrunch
Government surveillance vendors want us to believe their spyware products are only used in limited and targeted operations against terrorists and serious criminals. That claim is increasingly difficul...
techcrunch.com
November 10, 2025 at 2:16 PM
NEW: I tried to explain why there are so many victims of spyware, despite the fact that its makers have been telling us for years that the tech is only intended to be used in limited cases.
There are several reasons, including how the spyware systems are designed, and how powerful they are.
There are several reasons, including how the spyware systems are designed, and how powerful they are.
In an Adam Goldman story on how Kash Patel failed to deliver on a promise to MI5 to sustain a UK post key to 5 Eyes sharing...
www.nytimes.com/2025/11/10/w...
www.nytimes.com/2025/11/10/w...
November 10, 2025 at 2:29 PM
In an Adam Goldman story on how Kash Patel failed to deliver on a promise to MI5 to sustain a UK post key to 5 Eyes sharing...
www.nytimes.com/2025/11/10/w...
www.nytimes.com/2025/11/10/w...
Note the two Dems who swapped between the March cloture vote, Gillibrand and Peters, for the two who voted to cave yesterday, Kaine and Rosen, are not necessarily consistent w/claims about protecting people.
November 10, 2025 at 2:21 PM
Note the two Dems who swapped between the March cloture vote, Gillibrand and Peters, for the two who voted to cave yesterday, Kaine and Rosen, are not necessarily consistent w/claims about protecting people.
I argue this a bit differently.
Bc cave happened between the time people got new rates and time they'll go into effect, it makes it quite clear to the people on ACA who were actually fucked w/the Big Ugly in the summer that Republicans are the ones causing the pain.
Same is true of timing of vote
Bc cave happened between the time people got new rates and time they'll go into effect, it makes it quite clear to the people on ACA who were actually fucked w/the Big Ugly in the summer that Republicans are the ones causing the pain.
Same is true of timing of vote
Not to keep thinking rationally about the dynamics at work here, but my impression from reporting was that the higher healthcare cost issue was already hitting escape velocity, right? Rs stonewalled long enough on this that higher rates on the exchanges/open enrollment was already being implemented?
November 10, 2025 at 2:11 PM
I argue this a bit differently.
Bc cave happened between the time people got new rates and time they'll go into effect, it makes it quite clear to the people on ACA who were actually fucked w/the Big Ugly in the summer that Republicans are the ones causing the pain.
Same is true of timing of vote
Bc cave happened between the time people got new rates and time they'll go into effect, it makes it quite clear to the people on ACA who were actually fucked w/the Big Ugly in the summer that Republicans are the ones causing the pain.
Same is true of timing of vote
This, from @americalabs.org (one of the smartest people abt leg procedure), counters what a lot of people are claiming about this cave. But the follow-on adds to what I noted abt setting up opportunities in January.
5) Dems showed (a) it's possible to get something out of "shutting down the government" despite what the pundits said, and (b) that they could hold together for 40 days. It's not a policy win, but it changes expectations for what they can do in the future, strengthening their negotiating position.
November 10, 2025 at 2:06 PM
This, from @americalabs.org (one of the smartest people abt leg procedure), counters what a lot of people are claiming about this cave. But the follow-on adds to what I noted abt setting up opportunities in January.
And the truly craziest thing abt this cave is that someone seeing the invasion of Chicago firsthand, Dick Durbin, doesn't understand this.
seems to me that those democrats inclined not to fight perceive themselves as living through a somewhat ordinary cycle of presidential overreach and backlash and not something much more significant and dangerous
November 10, 2025 at 1:49 PM
And the truly craziest thing abt this cave is that someone seeing the invasion of Chicago firsthand, Dick Durbin, doesn't understand this.
I feel like this needs to be said, bc some big accounts are missing it.
The people feeling the pain of shutdown:
Govt workers furloughed or working for free (Lots in VA)
Flights (note fight over private v. commercial @katieporteroc.bsky.social won)
40M losing SNAP
v
20M on ACA subsidies
The people feeling the pain of shutdown:
Govt workers furloughed or working for free (Lots in VA)
Flights (note fight over private v. commercial @katieporteroc.bsky.social won)
40M losing SNAP
v
20M on ACA subsidies
November 10, 2025 at 1:40 PM
I feel like this needs to be said, bc some big accounts are missing it.
The people feeling the pain of shutdown:
Govt workers furloughed or working for free (Lots in VA)
Flights (note fight over private v. commercial @katieporteroc.bsky.social won)
40M losing SNAP
v
20M on ACA subsidies
The people feeling the pain of shutdown:
Govt workers furloughed or working for free (Lots in VA)
Flights (note fight over private v. commercial @katieporteroc.bsky.social won)
40M losing SNAP
v
20M on ACA subsidies