The Full Belmonte, 11/14/2023
Supreme Court issues ethics code for its nine justices after revelations that some accepted but did not report lavish trips
The justices are facing intense criticism and pressure from Democratic lawmakers and transparency advocates to strengthen disclosure and recusal policies.
Read the story at Washington Post
The Supreme Court
The Supreme Court justices. Erin Schaff/The New York Times
“The Supreme Court adopted an ethics code for its nine justices after some took undisclosed gifts and property deals.” [New York Times]
“The code prohibits justices from letting ‘family, social, political, financial or other relationships’ influence their conduct and says they must recuse themselves from a case if they have a personal bias or financial interest.” [New York Times]
“But many of the rules are ‘not new,’ the court said, and it didn’t say how they would be enforced.” [New York Times]
“The court rejected an appeal from an Illinois prisoner in solitary confinement who argued that denying him outdoor exercise was cruel and unusual punishment.” [New York Times]
Congress
“Enough House Republicans oppose Speaker Mike Johnson’s plan to avert a government shutdown that it will need Democratic votes to pass.” [New York Times]
“Representative Abigail Spanberger, a centrist Virginia Democrat who represents a swing district, will run for governor in 2025.” [New York Times]
Maryanne Trump Barry dies at 86. The ex-federal judge defended her brother Donald Trump but privately said he had ‘no principles.’
“Over the years, Mrs. Barry, who was known for her forthrightness as a judge, was sometimes frank about her brother’s egotism, telling Trump biographer Gwenda Blair that Donald ‘likes hearing about how he’s the greatest — not just the greatest, but the best of the greatest.’ But when he got into trouble, she sometimes came to the defense of her kid brother.”
Read more at Washington Post
Trump calls political enemies ‘vermin,’ echoing dictators Hitler, Mussolini
On Veterans Day, the former president vowed to “root out” his liberal opponents, drawing backlash from historians who say his rhetoric is reminiscent of authoritarians
“Former president Donald Trump denigrated his domestic opponents and critics during a Veterans Day speech Saturday, calling those on the other side of the aisle ‘vermin’ and suggesting that they pose a greater threat to the United States than countries such as Russia, China or North Korea. That language is drawing rebuke from historians, who compared it to that of authoritarian leaders.
‘We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections,’ Trump said toward the end of his speech, repeating his false claims that the 2020 election was stolen. ‘They’ll do anything, whether legally or illegally, to destroy America and to destroy the American Dream.’
Trump went on further to state: ‘the threat from outside forces is far less sinister, dangerous and grave than the threat from within. Our threat is from within. Because if you have a capable, competent, smart, tough leader, Russia, China, North Korea, they’re not going to want to play with us.’
The former president’s speech in Claremont, N.H., echoed his message of vengeance and grievance, as he called himself a ‘very proud election denier’ and decried his legal entanglements, once again attacking the judge in a New York civil trial and re-upping his attacks on special counsel Jack Smith. In the speech, Trump once again portrayed himself as a victim of a political system that is out to get him and his supporters.
Yet Trump’s use of the word ‘vermin’ both in his speech and in a Truth Social post on Saturday drew particular backlash.
‘The language is the language that dictators use to instill fear,’ said Timothy Naftali, a senior research scholar at Columbia University’s School of International and Public Affairs. ‘When you dehumanize an opponent, you strip them of their constitutional rights to participate securely in a democracy because you’re saying they’re not human. That’s what dictators do.’
Ruth Ben-Ghiat, a historian at New York University, said in an email to The Washington Post that ‘calling people 'vermin’ was used effectively by Hitler and Mussolini to dehumanize people and encourage their followers to engage in violence.’
‘Trump is also using projection: note that he mentions all kinds of authoritarians ‘communists, Marxists, fascists and the radical left’ to set himself up as the deliverer of freedom,’ Ben-Ghiat said. ‘Mussolini promised freedom to his people too and then declared dictatorship.’
Steven Cheung, a Trump campaign spokesman, told The Post ‘those who try to make that ridiculous assertion are clearly snowflakes grasping for anything because they are suffering from Trump Derangement Syndrome and their entire existence will be crushed when President Trump returns to the White House.’
Cheung later clarified that he meant to say their ‘sad, miserable existence’ instead of their “entire existence.”
Trump also received widespread criticism and condemnation recently from groups such as the Anti-Defamation League for saying in an interview that undocumented immigrants were ‘poisoning the blood of our country.’
Domingo Garcia, president of the League of United Latin American Citizens, the oldest Hispanic civil rights group in the country, said at the time that Trump’s comments about blood indicate his language is ‘getting more extreme,’ comparing it to Nazi propaganda about Jewish people.”… Read more at Washington Post
Behind the Curtain: Trump allies pre-screen loyalists
Illustration: Lindsey Bailey/Axios
“Former President Trump's allies are pre-screening the ideologies of thousands of potential foot soldiers, as part of an unprecedented operation to centralize and expand his power at every level of the U.S. government if he wins in 2024, officials involved in the effort tell Axios' Jim VandeHei and Mike Allen.
Why it matters: Hundreds of people are spending tens of millions of dollars to install a pre-vetted, pro-Trump army of up to 54,000 loyalists across government to rip off the restraints imposed on the previous 46 presidents.
The screening for ready-to-serve loyalists has already begun, driven in part by artificial intelligence from tech giant Oracle, contracted for the project.
Social media histories are already being plumbed.
When Trump took office in 2017, he included many conventional Republicans in his Cabinet and key positions. Those officials often curtailed his behavior and power.
Trump himself spends little time plotting governing plans. But he is well aware of a highly coordinated campaign to be ready to jam government offices with loyalists willing to stretch traditional boundaries.
What's happening: If Trump were to win, thousands of Trump-first loyalists would be ready for legal, judicial, defense, regulatory and domestic policy jobs. His inner circle plans to purge anyone viewed as hostile to the hard-edged, authoritarian-sounding plans he calls ‘Agenda 47.’
The people leading these efforts aren't clownish figures like Rudy Giuliani. They're smart, experienced people, many with very unconventional and elastic views of presidential power and traditional rule of law.
Behind the scenes: The government-in-waiting is being orchestrated by the Heritage Foundation's well-funded Project 2025, which already has published a 920-page policy book from 400+ contributors. Think of it as a transition team set in motion years in advance.
Heritage president Kevin Roberts tells us his apparatus is ‘orders of magnitude’ bigger than anything ever assembled for a party out of power.
The policy series, "Mandate for Leadership," dates back to the 1980s. But Paul Dans, director of Project 2025, told us: ‘Never before has the entire movement ... banded together to construct a comprehensive plan to deconstruct the out-of-touch and weaponized administrative state.’
Trump insiders relish rebuilding the team with purists. But the truth is, they have no choice: Many more-traditional Republicans quit the first administration in frustration or were fired by tweet. And some former advisers are talking to prosecutors or are charged with crimes.
The Trump campaign tells us no outside group speaks for him: ‘The campaign's Agenda47 is the only official comprehensive and detailed look at what President Trump will do when he returns to the White House. ... While the campaign is appreciative of any effort to provide suggestions about a second term, the campaign is not collaborating with them.
Questions for Heritage Foundation's Project 2025 applicants. Screenshot via Project 2025 website
The most elaborate part of the pre-transition machine is a résumé-collection project that drills down more on political philosophy than on experience, education or other credentials, Jim and Mike report.
Applicants are asked to ‘name one person, past or present, who has most influenced the development of your political philosophy’ — and to do the same with a book.
Another query: ‘Name one living public policy figure whom you greatly admire and why.’
Heritage's ‘Presidential Personnel Database’ already has 4,000+ entries, we're told.
The massive headhunting quest aims to recruit 20,000 people to serve in the next administration, as a down payment on 4,000 presidential appointments + potential replacements for as many as 50,000 federal workers who are ‘policy-adjacent,’ as Trumpers put it.
Reality check: Technically, this apparatus will be inherited by any Republican nominee — Heritage officials tell us they've briefed the campaigns of Trump, Ron DeSantis and Nikki Haley.
But this is undeniably a Trump-driven operation. The biggest tell: Johnny McEntee — one of Trump's closest White House aides, and his most fervent internal loyalty enforcer — is a senior adviser to Project 2025.
One of the most powerful architects is Stephen Miller, a top West Wing adviser for the Trump administration. Miller is charting an even harder line on legal and immigration policy than last time. While he maps a White House return, he's president of America First Legal, which vows to fight ‘lawless executive actions and the Radical Left.’
Between the lines: Trump doesn't hide his intentions. It's important to tune out the theatrical language that drives social media and cable TV, and focus intently on the directional guidance of his second term.
He's telling us exactly what he intends to do — like it or loathe it.
Read the full column, including four top Trump priorities.” [Axios]
Scoop: State Dept. memo blasts Biden
Smoke rises in Gaza during Israeli airstrikes seen from Sderot, Israel, yesterday. Photo: Faiz Abu Rmeleh/Middle East Images via Getty Images
“An internal State Department dissent memo accuses President Biden of "spreading misinformation" on the Israel-Hamas war, according to a copy obtained by Axios' Hans Nichols.
Why it matters: The scathing five-page memo — organized by a junior diplomat — offers a rare look at the raw divisions within the Biden administration over the Israel-Hamas war.
The memo — signed by 100 State Department and USAID employees — urges senior U.S. officials to reassess their policy toward Israel and demand a ceasefire in Gaza.
The State Department ‘is proud there is an established procedure for employees to articulate policy disagreements directly to the attention of senior department leaders without fear of retribution,’ a State Department spokesperson said.”
Keep reading. [Axios]
Immigration
“Former President Donald Trump is plotting a mass detention and deportation of undocumented immigrants should he regain power in 2024. Some of Trump's plans include rounding up undocumented immigrants already in the US and placing them in detention camps to await deportation, a source familiar with the plans confirmed to CNN. On Saturday, Trump vowed to sign an executive order, on Day 1 of a potential second term, to cease funding the provision of shelter and transportation for undocumented immigrants. He has also publicly said he wants to revive many of his first-term policies to restrict both legal and illegal immigration — including reinstating a travel ban on predominantly Muslim countries and bringing back a Covid-era policy known as Title 42. Such plans would likely face fierce political and legal challenges.” [CNN]
Tim Scott out; Haley to spend big
Screenshot: Fox News
“Sen. Tim Scott (R-S.C.) announced on Fox News last night that he's ending his 2024 presidential campaign, but said he'll ‘look forward to another opportunity.’
‘I think the voters ... have been really clear that they're telling me: 'Not now, Tim,’ Scott said on ‘Sunday Night in America with Trey Gowdy.’
Why it matters: Scott's surprise announcement comes after he spent aggressively during his campaign, but struggled to rise in the polls in the crowded 2024 primary, Axios' Erin Doherty reports.
Nikki Haley will reserve $10 million in TV, radio and digital ads across Iowa and New Hampshire beginning the first week of December.
Why it matters: That's more than five times Florida Gov. Ron DeSantis' current advertising reserves for the same time period, according to the media tracking firm AdImpact. (AP's Steve Peoples)
Chris Christie became the first GOP candidate to visit Israel since the war began. Jets buzzed overhead as Christie, wearing a flak jacket and flanked by Israeli soldiers, toured a kibbutz ravaged by Hamas militants. Go deeper. [Axios]
Video: From Tel Aviv, Christie talks live with CNN's Omar Jimenez.
Fire that shut LA freeway was likely arson, governor says
“Arson was the cause of a massive weekend fire that charred and indefinitely closed a vital section of a Los Angeles freeway, California authorities said. The blaze caused major traffic headaches for hundreds of thousands of commuters. Read more.
Recent developments
Drivers were tested Monday during the first weekday commute since the raging fire. Some freeway exits backed up as people were forced to use crowded surface streets to bypass the damaged freeway stretch south of downtown.
Gov. Gavin Newsom said California has been in litigation with the owner of the business leasing the storage property where the fire started. The lease is expired, and the business had been in arrears while illegally subleasing the space to five or six other entities, he added.
Beyond a massive traffic headache, the Interstate 10's closure is expected to be felt well beyond the metropolis, including possibly slowing the transport of goods from the twin ports of LA and Long Beach, federal officials have said.” [AP News]
Hot water ahead
Data: NOAA. Graphic: Axios Visuals
“El Niño is strengthening in the tropical Pacific Ocean — likely giving a sizable boost to global average temperatures going into next year.
NOAA's Climate Prediction Center issued an update saying there's more than a 55% chance that El Niño, a natural climate cycle, will remain "strong" through March, Axios' Andrew Freedman reports.” [Axios]
WORLD
Palestinians line up for food during the ongoing Israeli bombardment of the Gaza Strip in Rafah on November 13, 2023. (AP Photo/Hatem Ali)
ISRAEL-HAMAS WAR
"As fighting empties north Gaza, humanitarian crisis worsens in south
Another 200,000 people have fled northern Gaza since Nov. 5, the U.N. humanitarian office said. Israeli ground forces are battling Palestinian militants around hospitals where patients, newborns and medics are stranded with no electricity and dwindling supplies. Read more.
Recent developments
The humanitarian office says only one hospital in the north is capable of receiving patients. Others can’t be used anymore and mostly serve as shelters from the fighting. Gaza’s largest hospital, Shifa, is surrounded by Israeli troops and 36 babies there are at risk of dying because there is no power for incubators.
Israel accuses Hamas of using hospitals as cover for its fighters, alleging that Hamas has set up its main command center in and beneath Shifa, without providing visual evidence. Both Hamas and Shifa Hospital staff deny the Israeli allegations.
Palestinians stand in line for hours for scarce bread and brackish water. Trash is piling up, sewage is flooding the streets and taps run dry because there is no fuel for water pumps or treatment plants. Israel has barred fuel imports since the start of the war, saying Hamas would use it for military purposes.” [AP News]
”The Militia at the Center of the Darfur Genocide Kills Hundreds in Sudan - A paramilitary group that grew from the infamous Janjaweed militia has been blamed for the killing of about 800 people, mostly boys and men, in a Darfur refugee camp.” [Wall Street Journal]
“Biden and Chinese President Xi Jinping are set to announce an agreement that would see Beijing crack down on the manufacture and export of fentanyl, sources say, potentially delivering the US president a major victory in tackling a key driver of the US opioid crisis. In return, Washington would lift restrictions on China’s forensic police institute, which the US alleges is responsible for human-rights abuses.” [Bloomberg]
“Liberians head to the polls today for a run-off vote to choose either President George Weah or ex-Vice President Joseph Boakai as leader of the West African nation. A former AC Milan striker and World Footballer of the Year, Weah faces a tight contest after both candidates secured just less than 44% support in last month’s election, with corruption scandals and high food prices eroding his popularity.” [Bloomberg]
“Turkey’s parliament is set to hold a debate this week over Sweden’s bid to join NATO, as President Recep Tayyip Erdogan seeks to improve defense relations with US-led allies.” [Bloomberg]
Army Overturns Convictions of Black Soldiers Charged With Mutiny in 1917 Houston Riot
Nineteen Black Army soldiers were executed, most others received life sentences
The court-martial of 64 members of the 24th Infantry Regiment, following a 1917 riot in Texas. PHOTO: WAR DEPARTMENT/BUYENLARGE/GETTY IMAGES
“The U.S. Army has overturned the convictions of 110 Black soldiers charged over a century ago with mutiny, murder and assault in a Texas riot.
Nineteen of the Black Army soldiers convicted were sentenced to death and executed following the riot in 1917, when members of the 24th Infantry Regiment clashed with police and white residents of heavily segregated Houston. Most of the other soldiers received life sentences.
The Army Board for Correction of Military Records had in recent years reviewed the court-martial convictions of the 110 soldiers and recommended vacating all of them, an Army spokesman said Sunday.
The service records of the soldiers will now show they were honorably discharged, according to historian John Haymond. He is a leading authority on the incident who, along with former South Texas College of Law professor Dru Brenner-Beck, co-wrote the clemency petition that prompted the Army to review the convictions.
‘We consciously chose to petition for clemency for that reason,’ said Haymond of the Army changing the records to reflect that the soldiers served honorably. ‘Among other things, it could allow reparations to be made to any eligible descendants that may be found.’
The Army said it will host a virtual ceremony Monday recognizing the soldiers, which was earlier reported by the Houston Chronicle.
The Black soldiers were sent to Houston in the summer of 1917, several months after the U.S. declared war on Germany during World War I. Along with seven white officers, they were to guard the construction site for a military training center, known as Camp Logan, according to newspaper reports from the time.
The all-Black regiment had to contend with racial discrimination and Jim Crow segregation whenever they traveled into the city, according to the Texas State Historical Association, which compiled a summary of the riot’s events from local reports.
That August, two white Houston police officers detained a Black soldier for interfering with the arrest of a Black woman. Not long after, a Black corporal from Camp Logan went to the arrest scene to get more information, according to Haymond.
Words broke out between the corporal and one of the police officers, who pistol-whipped the Black man in the head and then shot at him as the corporal tried to flee. The corporal and the soldier he had come to help were both arrested, Haymond said, and rumors spread that the corporal had been killed.
In the immediate aftermath of the riot, the general narrative was that a group of Black soldiers, angered by the racist treatment of local police and residents, marched into Houston looking for revenge, said Haymond.
Haymond and Brenner-Beck’s research—which included police and Army records from the time—showed that only some Black soldiers had gone into Houston that night, and they thought they were protecting the Black community from a possible white mob. The soldiers who stayed behind also thought they were under attack. Haymond and Brenner-Beck presented their evidence to the Army, which considered it when deciding to overturn the convictions.
‘Soldiers in the battalion were very aware of the hostility toward them, and for a Black person in that era, the thought of a white mob coming toward you was a terrifying concept,’ Haymond said.
Also contrary to the accepted narrative, a reconstruction of their path shows the company didn’t head into downtown Houston, according to Haymond. Some soldiers fired from the battalion encampment about a mile from Camp Logan while others marched toward the San Felipe area, a Black neighborhood, Haymond said.
The Army proved in its own investigation that four of the white victims were fatally shot by random fire when panic overran Camp Logan. Some other victims were killed as the marching troop advanced toward San Felipe, shooting at house lights and streetlights along the way, Haymond said.
By the end of the night, 16 people, mostly white, were dead, among them two police officers, he said. Three other victims died later of their wounds.
The Army charged 118 Black soldiers with mutiny. In three court-martial trials, the Army successfully convicted 110 of them.
Haymond said the Army rushed to judgment a century ago, limiting its ability to ‘determine who might have been truly guilty among the innocent.’ He added: ‘Justice was not served.’” [Wall Street Journal]
Spyware can help track hostages
Illustration: Trent Joaquin/Axios
“The Israeli government appears to be turning to controversial spyware maker NSO Group to help track citizens kidnapped and murdered by Hamas, a source with direct knowledge of NSO's operations tells Axios cybersecurity reporter Sam Sabin.
According to the source, several Israeli agencies are likely using Pegasus — a "zero-click" malware that can be snuck onto a target's device without them knowing — to help track people kidnapped by Hamas, as well as people who went missing during Hamas' terrorist attack last month.
How it works: Pegasus can be used to tap into cell phone signals to assess who was on the ground during Hamas' surprise attack, and movement of those cell signals before and after the attack, said the source, who requested anonymity to speak freely about sensitive operations.
NSO has established a war room with other companies and former NSO employees to track and unlock the phones belonging to people who have been murdered or gone missing, as well as those belonging to suspected terrorists.
The big picture: NSO has come under fire for providing governments with surveillance technology that they have later used to spy on journalists, dissidents and human rights activists.
NSO has begun a lobbying campaign in the U.S. to get its technology removed from a new list banning federal agencies from using its spyware, as well as a U.S. trade blacklist.
Reality check: The source said they don't know whether the Israeli government has safeguards in place to ensure the technology won't be used for broad surveillance of the entire Palestinian population.
Recent reports suggest that Pegasus has been used to spy on Palestinian human rights activists as recently as 2021.” [Axios]
Deepfake Fauci fears
Illustration: Aïda Amer/Axios
Imagine a deepfake video of Anthony Fauci telling people not to get vaccinated.
AI experts are issuing new warnings that tech used to create sophisticated false images, audio and video is getting so good, it'll soon become almost impossible to distinguish fact from fiction.
Why it matters: A RAND-led study found that even those working in science were fooled by messaging in deepfake videos relaying climate information.
The more individuals were exposed to deepfakes, the worse they were at identifying them.
This is more evidence of what Jim and I explored in a "Behind the Curtain" column on deepfakes: One leading AI architect told us that in private tests, they no longer can distinguish fake from real. (Read it here.)
The health care industry has a roster of specific new worries, Axios' Tina Reed reports:
False images and audio that appear to come from a trusted source will make it harder to spread accurate health messages and will erode the public's confidence in legitimate sources.
More convincing phishing: Phone calls and messages to patients appearing to come from their health insurer or doctor could be a tool for scammers to steal their financial or health information.
More effective cyberattacks: Similarly, a hacker could enter a hospital's information systems by using artificially or synthetically generated audio of a known individual — such as the hospital's CEO — to call the organization's help desk for a new password.
The other side: Health care is still very bullish on the upsides of generative AI — even including deepfakes.
Early work with ChatGPT has found it can offer patients more empathetic answers than doctors can.
Researchers think deepfakes could create artificial patients to help in designing new molecules for treating disease.” [Axios]
Lewiston wins title weeks after mass shooting
Photo: Russ Dillingham/Lewiston Sun Journal via AP
“The boy's high school soccer team in Lewiston, Maine, won the Class A boys' soccer state championship in an overtime thriller.
‘We have been saying the past few weeks: 'Do it for the city,' Lewiston Blue Devils goalie Payson Goyette said after beating Deering 3-2.
Mass shootings at Lewiston's bowling alley and a nearby bar on Oct. 25 killed 18 people and injured 13 others.
Funerals continued on the soccer championship game day.” [Axios]