The Full Belmonte, 10/15/2022
Justice Dept. asks appeals court to end Mar-a-Lago special master
Prosecutors said the unclassified documents seized at Mar-a-Lago also are critical to their classified-documents investigation
“The Justice Department asked a federal appeals court to reverse a Florida judge’s order appointing a special master to review documents seized from Donald Trump’s home and club, arguing that the former president had no right to possess the seized materials after he left office and that there was no legal basis for an outside review.
While prosecutors had already appealed portions of U.S. District Court Judge Aileen M. Cannon’s special master appointment, Friday was the first time they appealed the entire court order. If the U.S. Court of Appeals for the 11th Circuit sides with the government, the special master’s review would stop — and criminal investigators once again would be permitted to access thousands of unclassified documents that FBI agents took from Mar-a-Lago in August.
The government said in its appeal that those unclassified documents are critical to its ongoing criminal probe of possible mishandling of classified material, obstruction and destruction of government records, and could help them conduct witness interviews and corroborate evidence.” Read more at Washington Post
Donald Trump called the House Jan. 6 panel a scam and reiterated his false election claims, a day after members voted to subpoena him.
“In a 14-page memo to the committee chairman, the former president remained defiant about his actions related to the Capitol riot. He didn’t address the subpoena, which legal experts said he would likely defy, or any of the panel’s evidence or testimony. ‘You have not gone after the people that created the Fraud, but rather great American Patriots who questioned it, as is their Constitutional right,’ he wrote. In a review of its findings, the panel said Trump knew he had lost to Biden but continued to maintain publicly that the vote was stolen, sparking the violence.” Read more at Wall Street Journal
Judge bucks Trump, orders Pence aide to testify to Jan. 6 grand jury
The appeals court refused to postpone testimony Thursday by Marc Short, dealing a blow to the former president’s claim of executive privilege and potentially clearing the way for other former top Trump aides to testify
“A former top aide to Vice President Mike Pence returned before a grand jury Thursday to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled President Donald Trump’s objections to the testimony, according to people familiar with the matter.
In a sealed decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Judge Beryl A. Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources, one of those people said.
Trump appealed, but the U.S. Court of Appeals for the District of Columbia Circuit refused to postpone Short’s appearance while the litigation continues, the people said, signaling that attempts by Trump to invoke executive privilege to preserve the confidentiality of presidential decision-making were not likely to prevail.
The people spoke on the condition of anonymity to discuss an ongoing investigation.
Short on Friday declined to comment about his court appearance, which stretched through much of the day. His attorney, Emmet Flood; an attorney for Trump, John P. Rowley III; and a Justice Department spokesman declined to comment.” Read more at Washington Post
Jan. 6 video undermines Trump’s repeated efforts to blame Pelosi for Capitol security
House Speaker Nancy Pelosi (D-Calif.) is seen on the screen during a hearing by the House select committee investigating the attack on the U.S. Capitol on Thursday. (Jabin Botsford/The Washington Post)
“Never-before-seen video of House Speaker Nancy Pelosi (D-Calif.) and other congressional leaders on Jan. 6, 2021, offers strikingly vivid evidence undermining former president Donald Trump’s long-debunked claim that the failure to adequately protect the Capitol from a pro-Trump mob lay not with him but with Pelosi.
In the video shown Thursday by the House committee investigating the attack, Pelosi is on the phone pleading with Trump administration officials for help to stop the violence and secure the Capitol as U.S. Capitol Police were overmatched by the hundreds of rioters storming the building — including some who demanded her head. Getting nowhere with the officials, she contacts Virginia’s governor and says she will contact the D.C. mayor.
Throughout the video, Pelosi is intent on resuming the congressional process of counting the electoral college votes for Joe Biden’s win while showing the nation that the government was still functioning despite the siege. The video was recorded by a documentary crew embedded with Pelosi and led by her daughter Alexandra.” Read more at Washington Post
Elon Musk says SpaceX can’t fund internet service in Ukraine ‘indefinitely,’ stirring controversy.
Starlink terminals have been critical in allowing the Ukrainian military to coordinate on the battlefield, including in recent offensives.
By Cade Metz, Cassandra Vinograd and Helene Cooper
“Shortly after Russia invaded Ukraine, Elon Musk gave the Ukrainians a digital lifeline by providing them with the Starlink internet service operated by his rocket company, SpaceX.
But those actions landed the world’s richest man in an international controversy on Friday when Mr. Musk said his company could not ‘indefinitely’ fund Ukraine’s use of Starlink, which has become crucial for the Ukrainian Army’s communication as it advances into territory occupied by Russia and defends against continued Russian attacks.
Mr. Musk’s comments, made on Twitter, came after CNN reported that SpaceX had sent a letter to the Pentagon last month asking it to take over the funding of Ukraine’s use of Starlink. About 20,000 Starlink terminals, which were designed to work with satellites orbiting in space to provide online access, have been delivered to Ukraine since Russia’s invasion in February. Mr. Musk, who did not mention the Pentagon, talked about the difficulties of funding the service.
‘SpaceX is not asking to recoup past expenses, but also cannot fund the existing system indefinitely *and* send several thousand more terminals that have data usage up to 100X greater than typical households,’ he wrote.
The situation, which spurred an outcry for how it might hobble Ukrainian forces, was yet another controversy fomented by Mr. Musk, 51, who has become an unlikely provocateur in international geopolitics. The billionaire, who oversees the electric carmaker Tesla and other companies, is already embroiled in public brouhahas on many other fronts, including a will-he won’t-he $44 billion deal to buy the social media service Twitter.
Mr. Musk’s Starlink comments come a week after he drew a fierce rebuke from Ukrainian officials for proposing a peace plan — which included ceding territory to Russia — to end the war. Last week, he also suggested in an interview with The Financial Times that tensions between China and Taiwan could be resolved by handing over some control of Taiwan to Beijing.
‘Elon Musk is always a risk factor,’ said Xiaomeng Lu, a director with Eurasia Group, a political consultancy and research group based in Washington. ‘Ukraine is playing with fire.’
SpaceX and Mr. Musk did not respond to requests for comment.” Read more at New York Times
Megamerger on Aisle 2
Data: Kroger. Map: Kavya Beheraj/Axios
“Kroger's plan to buy rival supermarket chain Albertsons would merge two of America's biggest grocers by market share, Axios Pro Rata author Dan Primack reports.
Kroger is No. 2, behind only Walmart ... Albertsons is No. 4, behind Costco.
Why it matters: Antitrust scrutiny is sure to follow, particularly around overlapping geographic footprints.
The two companies employ 710,000 workers and operate nearly 5,000 stores, almost 4,000 pharmacies and over 2,000 fuel centers.
They're already talking about store divestitures.
Between the lines: Kroger is promising to use the merger to reduce prices, Axios Closer co-author Nathan Bomey reports.
Consumer watchdogs are questioning Kroger's sincerity.” Read more at Axios
Apple Workers Vote for Union at Oklahoma Store in Second Organizing Win
Outcome follows efforts at Starbucks, Amazon and other companies across nation
The Apple store in Oklahoma City has a total of about 100 employees eligible for union membership.PHOTO: MICHAEL REYNOLDS/EPA/SHUTTERSTOCK
“Apple Inc. AAPL -3.22%▼ retail workers in Oklahoma City voted to unionize, becoming the second group of employees at one of the iPhone maker’s U.S. stores to organize officially.
The group, which calls itself the Penn Square Labor Alliance, plans to join the Communications Workers of America. The Apple store located at Oklahoma City’s Penn Square Mall has a total of about 100 employees eligible for union membership.
The vote follows a successful unionization push in June at an Apple Store in Towson, Md., a suburb of Baltimore. Those employees joined the International Association of Machinists and Aerospace Workers. At an Atlanta retail location, organizers withdrew a petition to vote on unionization in May.
More U.S. companies have faced unionization efforts over the past year, including at Starbucks Corp. and Verizon Communications Inc. Thousands of Amazon.com Inc. employees at a Staten Island, N.Y., warehouse voted to unionize in April, and workers at a facility in upstate New York are voting in a union election this month.
Unions are pushing to grow as companies struggle with labor shortages and workers demand more from their employers. Private-sector union membership has been facing a long-term decline. A record low of 6.1% of workers were members of a union in the private sector in 2021, according to the Labor Department.” Read more at Wall Street Journal
“An escalating public dispute between the Biden administration and Saudi Arabia over the latter’s oil production cuts may risk irreparable harm to US relations with the kingdom. Dueling statements from Washington and Riyadh in recent days over the OPEC+ decision to cut flows underscore how badly the US-Saudi relationship has deteriorated.” Read more at Bloomberg
Alaska cancels snow crab season for first time after population collapses
“This week’s announcements by the Alaska Department of Fish and Game deal a severe blow to fishers that make a living off the crabs. They also bring back to the forefront questions about the role of climate change in the rapid decline of the snow crab population: The number of juvenile snow crabs was at record highs just a few years ago, before some 90 percent of snow crabs mysteriously disappeared ahead of last season.
Alaskan officials said they had consulted carefully with stakeholders before canceling the season. They said they were aware of the impact of the closures on ‘harvesters, industry, and communities’ but that they had to balance economic needs with conservation.
‘These are truly unprecedented and troubling times for Alaska’s iconic crab fisheries,’ said Jamie Goen, executive director of the Alaska Bering Sea Crabbers, a trade association that says it represents some 70 percent of local crab harvesters, in a statement. ‘Second and third generation crab-fishing families will go out of business due to the lack of meaningful protections by decision-makers to help crab stocks recover.’” Read more at Washington Post
“Democratic Sen. Raphael Warnock and Republican challenger Herschel Walker clashed over abortion, voting rights and more —including personal issues — during the first and only debate in the Georgia Senate race Friday.
Georgia is home to one of the most competitive Senate contests of the 2022 cycle, which could determine who controls the 50-50 split chamber next year.
As of late, the race has been consumed by allegations that Walker, a former NFL star, paid an ex-girlfriend to terminate a pregnancy over a decade ago.
The 60-year-old GOP contender, who opposes abortion, has vehemently denied that he gave the unnamed woman any money for the procedure.
In the wake of Walker’s controversy, however, polls show Georgia remains a toss-up state. An October survey conducted by Civiqs shows Warnock leading by 3% among likely voters, which is within the poll's 4.6% margin of error.
Republicans, who have stuck by Walker, have increased their attacks, focusing largely on Warnock's support of President Joe Biden, who is unpopular in the Peach State.
Here are the takeaways from Friday's debate:
Warnock pressed on Biden, inflation
At the outset, and through most of the debate, Walker urged voters to ignore the senator's ‘sweet talk’ and think about their own economic situation.
He regularly used the president as a battering ram against the Democratic incumbent.
‘This race ain't about me, it's about what Raphael Warnock and Joe Biden have done to you and your family,’ Walker said.
Anxiety about the economy and inflation, coupled with Biden's unpopularity, area major attack line for Republican candidates heading into the final weeks of the 2022 midterms.
Consumer prices in September increased 8.2% from a year prior,down from an 8.3% rise in August and four-decade high of 9.1% in June.
Walker regularly reminded viewersWarnock has supported the president's agenda ‘96 percent of the time.’
The website FiveThirtyEight, which measures political data, shows Warnock votes in line with the president's position at a rate of 96.4%.
Warnock acknowledged that Georgia is being hit hard by the country's economic woes, but pointed to how companies are raking in profits too.
‘There's no question that people are feeling pain at the grocery store, at the pump and pharmacy counters,’ he said. ‘And while we are paying record prices, a lot of our corporate actors are seeing record profits.’
Walker on insulin: 'You got to eat right'
Warnock and Walker also jousted over insulin and drug prices.
Warnock touted his legislative record, specifically his support for the Inflation Reduction Act, which included a provision he backed to cap prescription drug prices, such as insulin, for seniors.
Walker opposed the legislation and was challenged by Warnock to explain that to voters.
‘You know, I believe in reducing insulin, but at the same time you got to eat right,’ Walker said. ‘Because he may not know it but I know many people that are on insulin, and unless you have eaten right, insulin is doing you no good.’
Warnock pounced on the comment, saying that many of his church parishionerssuffer from diabetes.
‘I think we're hearing from my opponent tonight that it's their fault that prices of insulin are being gouged,’ he said. ‘I don't think it's their fault. I think it's the fault of these pharmaceutical companies.’
Abortion dominates discussion
The moderators point blank asked Walker to respond to allegations that he paid an ex-girlfriend to get an abortion and urged her to have a second one.
From the debate stage he repeated that the claims are ‘a lie.’ He also said he is ‘not backing down’ but that he's been transparent about his life in memoirs.
‘On abortion, you know I'm a Christian,’ Walker said. ‘I believe in life, and I tell people this: Georgia is a state that respects life, and I'll be a senator that protects life.’
Warnock, who supports a woman's right to terminate a pregnancy, avoided the question on whether the government should set any limits on abortion. Instead, he called out the ‘extremist’ Supreme Court for its summer ruling that overturned Roe v. Wade.
‘We are witnessing right now what happens when politicians, most of them men, pile into patient's rooms,’ he said.
‘He was a nice talker, but did he not mention that there was a baby in that room as well?’ Walker replied.
Walker hit over past falsehoods
A bizarre moment in the debate came when the two were discussing their views on policing and their support of law enforcement.
At one point Warnock said his GOP opponent ‘has a problem with the truth.’ He then looked at Walker, adding he, Warnock, has never ‘pretended to be a police officer.’
The comment alludes toa 21-year-old police report in which Walker talked about ‘having a shoot out with police’ and falsely claiming he once served in law enforcement.
Walker, who insisted on responding, reached into his coat for what appeared to be some kind of badge before saying, ‘I am — work with many police officers.’
When the moderator admonished Walker, saying it was against the debate rules, he said: ‘This is not a prop, this is real.’
Walker: Biden won in 2020
The moderators bluntly asked Walker if he believed Biden won the 2020 presidential election, a question that has become a flashpoint this year with hundreds of election deniers on the ballot across the country.
Walker, who was recruited to run by former President Donald Trump, had cast doubt on the 2020 results before his Senate bid.
But on Friday he said unequivocally that Trump lost.
‘President Biden won and Senator Warnock won, that’s the reason I decided to run because we need a change in Washington,’ he said.
Trump has refused to concede that he lost two years ago and has blamed Biden's win on baseless claims of widespread voter fraud.
Both candidates, no matter the winner, said they would accept Georgia's election results in November.
Biden v. Trump II?
Many of the 2022 candidates have been asked about whether they would support a Biden and Trump rematch for the White House.
Walker made it clear that he would welcome Trump running again in 2024, describing him as a personal friend. But Warnock didn't commit when asked if Biden should do the same.” Read more at USA Today
“Embattled UK Prime Minister Liz Truss, boxed in by a mutinous Tory party and market turmoil triggered by her widely panned tax-cut policy, tried to save herself by doing a 180 while firing her finance minister. It may have made things worse for markets, and for Truss. The new Chancellor of the Exchequer could end up taking her job. Others may be lining up, too.” Read more at Bloomberg
Jeremy Hunt, UK chancellor of the exchequer, departs 10 Downing Street on Friday. Prime Minister Liz Truss scrapped her plan to freeze corporation taxes next year hours after firing ally Kwasi Kwarteng. Photographer: Carlos Jasso/Bloomberg
“Xi Jinping seems set to cement his role as China’s paramount leader, but not everyone is happy with him and his authoritarian government. A rare sign of protest emerged as the Communist Party meets to anoint Xi for an unprecedented third term. Beijing reacted to the display of dissent with a massive censorship effort.” Read more at Bloomberg
Explosion in Turkish coal mine kills at least 40, authorities say
People gather outside a coal mine in Turkey's Bartin province after an explosion in the mine killed at least 28 people and trapped dozens of others hundreds of meters underground. (Yasin Akgul/AFP/Getty Images)
“ISTANBUL — An explosion in a coal mine in northern Turkey has killed at least 40 workers, authorities said Saturday, adding that at least one worker was still believed to be trapped.
The explosion occurred Friday in a state-owned mine in Turkey’s Bartin province on the Black Sea coast. Officials said the cause of the explosion was still under investigation but that an initial assessment suggested it was caused by firedamp, referring to concentrations of flammable gas like methane.
Rescue operations had been underway Saturday morning as emergency workers hoped to reach about 15 workers believed to be alive but trapped inside the mine. Later Saturday, officials said they were concluding the rescue operation.
At least 110 people had been working inside the mine when the explosion occurred, Interior Minister Suleyman Soylu told reporters Saturday. Eleven workers were being treated for injuries in Istanbul and in Bartin province, he said. Fifty-eight workers were rescued or escaped the mine, he added.” Read more at Washington Post
“Even before sanctions cut off access to vital components and technologies for Vladimir Putin’s defense industry, an internal Russian government review found years of attempts to reduce reliance on imports had largely failed. Now his military is paying the price. The Russian leader said Friday he has no regrets about his eight-month war on Ukraine, in which Russian forces have killed potentially tens of thousands and are accused of widespread torture and mass executions of civilians.” Read more at Bloomberg
A destroyed Russian-made Uragan MLRS rocket launcher in southern Ukraine. Photographer: Dimitar Dilkoff/AFP/Getty Images
“Elon Musk may be making his Putin problem worse. After creating a furor by parroting Kremlin talking points on terms for peace negotiations, the Tesla CEO made a joking threat to cut off Ukrainian access to his Starlink communication network—critical to Kyiv’s war effort—after an official there criticized his foray into diplomacy. Musk has said he can’t keep bearing the cost—but now the Pentagon says there are other options.” Read more at Bloomberg
“Japan is set to change a 19th-century law deciding the paternity of a child born after divorce. It’s part of an effort to reduce the number of Japanese children who face difficulty accessing healthcare and education.” Read more at Bloomberg
“Winter is coming in the northern hemisphere, and with it will come a new wave of coronavirus infections. But this time things will be very different—and not necessarily for the better.” Read more at Bloomberg
PHOTO: JUST STOP OIL/ASSOCIATED PRESS
Two climate protesters threw tomato soup on a famous Vincent Van Gogh painting at London’s National Gallery.
“Anti-fossil fuel protesters threw soup over Vincent van Gogh's famous 1888 painting ‘Sunflowers’ at London's National Gallery on Friday.
Two young women from the campaign group Just Stop Oil threw the contents of two tins of Heinz tomato soup over the painting, which, the group said, has an estimated value of $84.2 million.
In this image released by the Just Stop Oil organization, two women are seen standing in front of Van Gogh's "Sunflowers" (1888). Credit: from Just Stop Oil
They then glued themselves to the wall beneath the painting.
In a statement posted on Twitter, the National Gallery confirmed the incident in Room 43, where ‘Sunflowers’ was displayed, and gave an update on its condition.
‘There is some minor damage to the frame but the painting is unharmed,’ it said. In a subsequent tweet, the gallery explained that the painting was glazed and therefore protected.
London's Metropolitan Police confirmed they were responding to the incident and that the protesters had been arrested on suspicion of "criminal damage and aggravated trespass."
Friday's incident is the latest in a series of protests targeting famous works of art in a bid to draw attention to the role of fossil fuels in climate change. In July, members of Just Stop Oil glued themselves to a copy of Leonardo da Vinci's ‘The Last Supper’ at the Royal Academy of Art in London.
The same month, activists from the group glued themselves to a masterpiece held in the National Gallery, while members of an Italian climate activist organization glued themselves to Botticelli's ‘Primavera’ in Florence.
School children look at 'Sunflowers' (1888) by Vincent van Gogh at Tate Britain in London on March 25, 2019. Credit: Victoria Jones/PA Wire/AP
On Sunday, climate activists from Extinction Rebellion were arrested for gluing themselves to Picasso's ‘Massacre in Korea’ at the National Gallery of Victoria in Melbourne.
According to a statement, Just Stop Oil timed Friday's act ‘to coincide with the planned launch of a new round of oil and gas licensing’ in the UK.” Read more at BBC
GUARDIANS 4, YANKEES 2 | A.L. DIVISION SERIES TIED, 1-1
Yankees Wilt in Extra Innings as Guardians Tie Series
Asked to pitch in relief for the first time in his career, Jameson Taillon was undone in the 10th inning by soft contact, a defensive miscue and a line drive.
José Ramírez hit a flare to left to lead off the 10th inning that Oswaldo Cabrera couldn’t corral. With the help of a throwing error by Josh Donaldson, Ramírez got all the way to third base.Credit...Johnny Milano for The New York Times
“In the playoffs, all bets are off for pitching staffs. Starting pitchers become relievers. Relievers lose their roles from the regular season. When the game is on the line, closers enter earlier than their usual ninth inning.
Having burned through most of the best options in his injury-riddled bullpen in a low-scoring duel with the Cleveland Guardians on Friday, Yankees Manager Aaron Boone turned to Jameson Taillon in extra innings. The Yankees’ No. 3 starting pitcher for most of the season, Taillon was making the first relief appearance of his six-year major-league career after 143 starts.
Two lazy fly balls, a line drive and a throwing error by third baseman Josh Donaldson defined a chaotic inning that felled the Yankees, 4-2, in 10 innings in Game 2 of this best-of-five American League division series. The sellout crowd of 47,535 went quiet when Guardians right fielder Oscar González’s bloop dropped in front of right fielder Aaron Judge for the go-ahead single. It stayed that way when first baseman Josh Naylor smoked a run-scoring double over center fielder Harrison Bader, adding an insurance run.” Read more at New York Times
“MONACO – Kenya's Diana Kipyokei, winner of the 2021 Boson Marathon, was suspended on Friday after testing positive for doping at the race and allegedly obstructing an investigation.
The Athletics Integrity Unit said Kipyokei’s sample after winning in October last year had traces of triamcinolone acetonide. It is a glucocorticoid prohibited at races when an athlete does not have permission to use it as a medication.
The case has deepened suspicions the substance is a doping product of choice for athletes from Kenya.
The AIU said 10 Kenyans have tested positive for triamcinolone since the start of 2021, with only two cases in athletics from the entire rest of the world in the same period.
In a second triamcinolone case revealed on Friday, Kenyan marathon runner Betty Wilson Lempus was also suspended while under investigation for doping and tampering.
Kipyokei is also under investigation for ‘obstructing or delaying the AIU’s investigation through the provision of false information or documentation.’
The AIU did not elaborate about the suspected tampering, which could be related to a Therapeutic Use Exemption (TUE) document athletes need to have before using a medication that is otherwise prohibited.
The 28-year-old Kipyokei faces being banned for at least four years and stripped of her Boston win and $150,000 prize money.” Read more at USA Today
Quote of the week: Dolly's giving strategy
Photo: Andres Kudacki/AP
“Dolly Parton, from her Carnegie Medal of Philanthropy speech last night:
‘I just give from my heart. ... I never know what I’m going to do or why I’m gonna do it. I just see a need and if I can fill it, then I will.’
Parton told AP that she gets too much attention for her philanthropic work, but is ‘proud to be the voice out there, doing what I can to get more books into the hands of more children.’” Read more at Axios
“Antisemitic tweets by Ye, formerly known as Kanye West, could be a preview of social media’s future if laws restricting content moderation take hold, The Washington Post wrote.” Read more at New York Times
“Robbie Coltrane, the Scottish actor who played the half-giant Hagrid in the ‘Harry Potter’ movies, died at 72.” Read more at New York Times
“Scholars have discovered documents that cast doubt on the established idea that Geoffrey Chaucer, the author of ‘The Canterbury Tales,’ was accused of rape in the 14th century.” Read more at New York Times
“Cuba Gooding Jr. won’t serve prison time after pleading guilty in a sex abuse case. More women accused him after his arrest.” Read more at New York Times
“The band Blink-182 reunited and announced a 2023 tour, Pitchfork reported.” Read more at New York Times
“Bruno Latour, a French philosopher and a major figure in the so-called science wars of the 1990s, died this week. He was 75.” Read more at New York Times