Note, please, the face on the 10 pound note.

On this feast day of Robert Burns, less than a week into the second Trump administration, things are not well. ICE is going nuts, the CDC failed to issue its “Morbidity and Mortality Weekly Report” for the first time since 1960 (MMWR is where the medical community first was alerted to what came to be known as AIDS), hundreds of seditionists and insurrectionists were pardoned or had their sentences commuted, Trump seems bent on taking FEMA – an agency whose mission to is to care for neighbors in need – and turn it into a quid-pro-quo program where friends are helped and others left to cry alone, and now the dismissal of 17 inspectors general.

And that’s just for starters.

On this feast day of Robert Burns, one need not wonder what Burns would have to say about Mar-a-Lago and its Lord. In his poem “My Father was a Farmer,” he lays out his own set of values,

My father was a farmer upon the Carrick border, O,

And carefully he bred me in decency and order, O;

He bade me act a manly part, though I had ne’er a farthing, O;

For without an honest manly heart, no man was worth regarding, O.

Hmmm . . . one’s worth is not based on the size of your purse? “Unpossible!” says the Lord of Mar-a-Lago.

Later in the poem, after describing how his efforts to improve his financial situation were less than successful, and unmoved by his lack of money or what society says his values should be, he says this about himself:

But cheerful still, I am as well as a monarch in his palace, O,

Tho’ Fortune’s frown still hunts me down, with all her wonted malice, O:

I make indeed my daily bread, but ne’er can make it farther, O:

But as daily bread is all I need, I do not much regard her, O.

“Unpossible!” says the Lord of Mar-a-Lago. “How can you possibly be cheerful without money?”

The final stanza makes the contrast between Burns and the Trump-like Lords of his day abundantly clear:

All you who follow wealth and power with unremitting ardour, O,

The more in this you look for bliss, you leave your view the farther, O:

Had you the wealth Potosi boasts, or nations to adore you, O,

A cheerful honest-hearted clown I will prefer before you, O.

What is delightful about this poem is that Burns wasn’t speaking metaphorically, but autobiographically. Burns was a working farmer-poet, never wealthy himself, and oft in need of additional income. Writing poetry definitely helped, as various parts of Edinburgh’s High Society oooh-ed and ahhh-ed over his writing and were willing to pay for it.

But even so, Burns had no problem taking aim at their pretentiousness. His famous “Address to a Haggis” (recited far and wide at Burns celebrations each year on this day) is as much a take down and those who adore over-wrought fancy cooking as it is praise of a peasant dish. Burns writes about this sheep’s stomach filled with sheep’s lung, heart, and liver, along with oats, onions, and all manner of spices and herbs, as if it were the finest French cuisine, only to slam those who prefer “fine dining” over hearty fare like the haggis. Haggis, like honest working folks, has substance and nourishment; those who love their fine cuisine he calls devils, as their meal is an inappropriately thin plate of unhealthy trash.

My family roots are German, not Scottish, but “Address to a Haggis” resonates strongly with me. My late grandmother was a delightful baker with a heart of hospitality and always ready to put together a quick coffee cake if guests dropped by. As a daughter of the depression, she had a myriad of ways to stretch her ingredients and her budget. One of the favorite dishes she made that I only ever had at her home was a beef stew using beef heart and tongue, rather than more common cuts of beef. She could get the heart and tongue for next to nothing (or simply for nothing, as cattle-ranching parishioners who knew how badly her pastor-husband was paid would save these for her as an extra gift), and she turned them into a thing of beauty. Alas, she is gone and the recipe with her, though I can still smell it in my mind and taste it in my soul.

On this feast of Robert Burns, in these troubling times when all seems adrift, Burns’ injunction to prefer “a cheerful honest-hearted clown” to folks like the Lord of Mar-a-Lago seems all the more necessary. I invite you to fill your glass with a beverage of your choice, because it’s time to ding.

The roots of dinging at our home go back more than two decades . . .

*DING*

Please offer your own toasts, your own odes to the foods of your hearts, and your own perspectives on the values of Lord of Mar-a-Lago and his ilk in the comments.

Listen on Spotify (transcripts available)

Listen on Apple (transcripts available)

Trump’s Executive Order stripping 51 former spooks of clearance for writing a true letter expressing their opinion that Rudy Giuliani’s claims to have Hunter Biden’s emails “has all the classic earmarks of a Russian information operation” has led to inevitable false claims about the hard drive people falsely call a laptop.

Shockingly, it comes from Shane Harris, who at least while at WaPo would not make the kinds of errors he makes in this piece.

Harris states as fact that the 51 spooks were “embarrassingly wrong” and as proof, asserts that “the emails really did turn out to belong to Hunter Biden.”

But they were wrong. Embarrassingly wrong. The emails really did turn out to belong to Hunter Biden, and they raised legitimate concerns that he was trying to profit from his father’s political position. No evidence ever surfaced that Russia had played a role in bringing the emails to light. Intelligence experts sometimes make bad calls. This was one of those times.

[snip]

Some of the signatories still defend their work by noting, correctly, that they said the emails might be part of some Russian trick, not that they definitely were. That too-cute defense does not absolve them of bad judgment.

Except, as John Brennan noted in an interview on MSNBC, one thing they posited in the letter is that the information might be “accurate information,” noting that Russia did just that in the 2016 presidential election.

Such an operation would be consistent with some of the key methods Russia has used in its now multi-year operation to interfere in our democracy – the hacking (via cyber operations) and the dumping of accurate information or the distribution of inaccurate or misinformation. Russia did both of these during the 2016 presidential election. [my emphasis]

Harris knows this stuff! While the Guccifer 2.0 persona altered some of the documents stolen from the DNC and misrepresented others and Yevgeniy Prigozhin’s trolls engaged in outright fabrication, the emails stolen from John Podesta were authentic. The operation nevertheless succeeded in sucking up all the attention in the last several weeks of the election, with scandals manufactured out of inconclusive emails, just like the ones used in the NYPost story.

So claiming that the spooks were wrong because the emails really did turn out to be Hunter’s simply misrepresents both the letter and the mechanism of information operations.

As for Harris’ claim that, “No evidence ever surfaced that Russia had played a role in bringing the emails to light”?

Even ignoring Lev Parnas’ testimony that Rudy was offered a laptop hacked with the assistance of Russian spies in 2019 (while unverified, that is evidence, and Mykola Zlochevsky got the legal relief from Trump’s DOJ that Parnas claimed Rudy was offering at the time), the available record shows that the FBI didn’t do the most basic work they would have had to do to check for such evidence.

Remember, the currently operative story is that someone claimed to be Hunter Biden dropped off three devices at John Paul Mac Isaac’s store in April 2019. JPMI kept one to made a copy of the data. But no one ever retrieved the laptop or a hard drive on which JPMI stored the data. So after snooping through it all, months later, JPMI’s father offered up the laptop to the FBI. In December 2019 — days after Rudy traveled to Kyiv to meet with Andrii Derkach and the same month when DOJ shut down an investigation into Mykola Zlochevsky — FBI obtained both the hard drive and a laptop using a subpoena referencing a money laundering investigation that is not referenced in the warrant from the known tax investigation.

But there’s little evidence that the FBI checked that story. Indeed, the public evidence suggests there’s something fishy about the hard drive, which was the basis for all the other copies, including the one Rudy got.

• Mac Isaac’s own description of his actions does not match that of the FBI. On top of timeline discrepancies (including about whether FBI accessed the device before obtaining the known warrants), that includes misidentifying the devices dropped off at his shop and falsely claiming the laptop ultimately turned over to FBI did not have a removable hard drive (which was JPMI’s explanation for why he copied the laptop in the way he did).
• A March 31, 2020 email documented concerns, “about quality and completeness of imaged/recovered information from the hard drive” that “for a variety of reasons [USAO] thought they needed to keep it from the agents” who might testify at trial.
• Ten months after obtaining the laptop, the FBI had never checked the creation date of the files on it and the FBI never indexed the laptop (nor did it Bates-stamp the files they used at trial).
• Hunter Biden’s laptop data was not introduced at trial via an expert witness. Rather, a summary witness introduced the data, and she clearly testified she had not been asked to check for signs of tampering. The only things she mentioned at trial that validated the laptop is that the laptop matched subpoena information for Hunter’s iCloud (which may mean no more than that it accessed the account) and Hunter’s publicly available iCloud email account had received an email from John Paul Mac Isaac. Those sworn claims were far short of the things investigators had earlier claimed tied Hunter to the laptop: an exchange of calls, a local purchase, and “other intelligence.”
• The expert validation used in lieu of expert testimony does not identify the device(s) it validated and only refers to a single extraction report even though two separate extractions (one of the hard drive, another of the laptop) were done.
• According to prosecutors, the Cellebrite report of the hard drive from which (according to JPMI) all subsequent copies were made is 62% larger, by page count, than the Cellebrite report of the laptop itself.

FBI’s thin validation of the laptop could not rule out involvement of others, not least because of Hunter’s otherwise erratic behavior in the period.

• At least seven different laptops had accessed Hunter’s iCloud account in the years leading up to Mac Isaac obtaining it; Zoe Kestan testified that Hunter would do business from her laptop and she had access to his bank account via that laptop.
• Kestan also testified that Hunter would give her and his drug dealers one time codes so they could access his bank accounts.
• In January 2019, Hunter claimed that his Russian drug dealer had stolen a laptop (this may actually have been an iPad) from him in August 2018; this was the same period when new devices accessed Hunter’s Venmo account from two different cities within 12 minutes of each other. David Weiss appears to have made an error in the Tax Indictment about a closely related Venmo transaction.
• The access to the laptop in FBI custody does not match Hunter’s normal pattern after obtaining a new device of logging into his iCloud account and at least one of his Google accounts in fairly quick succession.
• The days before Hunter bought the laptop that would eventually end up in Fox News pundit Keith Ablow’s custody, he paid a Slavic sex worker over $8,000 via four different transactions and different bank accounts, an outlier both in amount and the multiple payment methods.
• The laptop itself has an inexplicable collection of data, much of which is unavailable from the iCloud backups obtained with warrants in 2019.

Hunter Biden was an addict. As such he had almost no control over his own devices, and both Kestan’s testimony and his own memoir describe that he routinely lost devices. Particularly given the known access he provided others and the number of devices that accessed his iCloud account, it would be child’s play for nefarious actors to package up Hunter’s data on a laptop.

And, at least as late as David Weiss made that error in the tax indictment, no one at FBI or DOJ appears to have tried to check what happened to Hunter Biden’s devices (I think the Kestan testimony may have been based on interviews just before the June gun trial). By all appearances, DOJ had no plan to use evidence from the laptop had the tax case gone to trial.

In his testimony for Jim Jordan’s investigation regarding the letter, James Clapper repeatedly said he’d like a statement about the FBI’s forensic analysis of the laptop. At Kristin Wood’s interview by the Committee, Trump’s OMB Deputy designee (and then Congressman) Dan Bishop said, “If, in fact, the FBI has not conducted a forensic investigation, or has conducted a forensic investigation and has suppressed the results, should the American people continue to defer to the FBI?” Yet when I tried to liberate that forensic report last year, DOJ successfully fought its release.

I’m not saying that this was a Russian operation. I’m saying that, based on the public record, the FBI did scandalously little to even test whether it could be; there’s no evidence they took the steps they would have needed to rule it out and plenty of reason to believe they did not.

The FBI never even indexed the laptop, not over the course of four years of reliance on it. They’re in no position to make claims about its provenance.

And so, Shane Harris is in no position to lecture spooks about them being “embarrassingly wrong.”

Mike Johnson had a wild run yesterday. Having once called for “any individual who committed violence” on January 6 to be “prosecuted to the fullest extent of the law,” Johnson seemed to agree with JD Vance that violent attackers should not get pardons.

But after Trump put over a hundred violent criminals out on the streets, Johnson then defended Trump’s pardons, calling to move on.

Over the course of the day, Johnson set up a Committee to keep investigating January 6, boasted about Americans “deserving safety and security” — a wildly inconsistent stance with releasing a bunch of violent criminals, and then accusing Bishop Budde of “sow[ing] division” because she spoke of mercy.

Meanwhile, as this was all going on, Mike Johnson (who as Speaker plays a role in overseeing the Capitol Police) let a terrorist prowl the Capitol.

Stewart Rhodes was in Longworth Office Building lobbying that Jeremy Brown — who, because he also got prosecuted for having unlawful weapons and classified documents in his Florida home, was not released yesterday — get a further pardon so he can be released (it’s unclear how a member of Congress would make this happen, but maybe Yale Law grad Stewie doesn’t understand the legal posture of Brown’s case).

Rhodes was spotted in the Dunkin’ Donuts inside Longworth House Office Building, which is accessible to the public, with a group of people. He said he did not go into the actual Capitol building.

Rhodes said he was advocating for the release of Jeremy Brown, another Oath Keeper who is in prison on federal weapons charges stemming from an investigation into his alleged involvement in the riot.

Rhodes said Brown was not included in Trump’s sweeping pardon of nearly 1,600 people arrested in connection to the rampage and that he went to the Capitol with Brown’s family members. He said that no members of Congress invited him to the Capitol specifically.

“We’re advocating members of Congress, advocating that he be given a pardon also,” Rhodes told reporters.

Rhodes is one of the fourteen people whose sentence Trump commuted, but did not pardon. And he was not only convicted by a jury of sedition and obstructing the vote certification, but Judge Amit Mehta applied a 6-level terrorism enhancement at sentencing.

As Kathryn Rakoczy successfully argued at sentencing, Rhodes had organized an armed force across the river, and regretted not deploying it that day.

I think organizing an armed force across the river that was prepared to come in comes pretty close to being pretty much like advocating for actions that could cause the loss of life. The repeated uses of how we need to have a bloody Civil War comes pretty close. And it is incredibly hard to forget the chilling words of Mr. Rhodes on January 10th that suggests that on January 6th, he was playing a little bit of the long game, but that were the President not to do something about calling up the Oath Keepers and literally starting a civil war, that his view was, “Actually, I should have called in the QRF on the 6th.” And I think when you’re thinking about whether this was terrorism, which we believe it was, all of those factors suggest that something around the level of a six-level adjustment feels right.

This is terrorism. It’s not blowing up a building directly or directing someone else to blow up a building. But certainly in light of the threat of harm and the historic significance of attempting to stop the certification of an election for the first time in U.S. history, those facts together we do think provide a factual basis that supports an increase of roughly six levels.

As Mehta laid out when applying the enhancement, the goal of all this was to influence the conduct of government by coercion.

As I said yesterday, I think as a matter of law, the conduct of conviction of seditious conspiracy meets the description foursquare of what that element — excuse me, what that enhancement requires a showing of, which is an offense other than the one that is enumerated in the Guideline, but the motive was to intimidate or coerce a civilian — I’m sorry, rather than — sorry.

The motive was to — calculated to influence or affect the conduct of government by intimidation or coercion, which were to retaliate against government conduct. Certainly that first clause applies squarely to the conduct of conviction.

And based upon the facts as I found them yesterday and have incorporated them today, Mr. Rhodes and his compatriots’ objective was to affect the conduct of government, specifically Congress, and to do so through intimidation and coercion by means of force, both through the stockpiling of weapons in the event that they needed to be brought across the river — there was an agreement as to that — and then, of course, the actual use of force by others who went into the building and applied that force against police officers who were doing their duty that day.

Trump did not, as he did with Enrique Tarrio, pardon Rhodes. Rather, he left the judgement against Rhodes in place; he simply said, effectively, that three years and a week was a sufficient sentence for a guy who plotted an armed attack on the government.

At least one staffer tried to tell Stewie that it was disrespectful to return to the scene of the crime.

He obfuscated, as he always does.

But the legal fact remains. He has not been pardoned of his sedition conviction and terrorism enhancement. Donald Trump chose to leave the judgment in place (for now, though Rhodes is reportedly still pressing Trump for a full pardon).

And Mike Johnson let him wander around the Capitol, all while claiming discussion of “mercy” was divisive.

Update: Judge Mehta has now barred Rhodes and the other Oath Keepers whose sentences were only commuted from the Capitol.

The Right Reverend Mariann Edgar Budde, Episcopal Bishop of Washington DC

It was amusing to me to hear Trump’s reaction to the service at the National Cathedral on January 21st. I’ve been a pastor for a long time, and heard many opinions offered about the quality (or lack thereof) of the services I’ve designed and led and the sermons I’ve given. To me, Trump’s reaction says a lot more about him than it does about Episcopal Bishop Mariann Edgar Budde.

To start things off, here’s the printed program [pdf] prepared for those who attended the service. (You can watch the video of the service on the Cathedral’s YouTube channel here.) Notice the title on the front cover: “A Service of Prayer for the Nation.” Notice what isn’t on the front cover? Two words: Donald Trump. The message is clear, right from the start – this isn’t a celebration of Trump, like the inaugural balls or the rally at the Capital One arena. This is a service for the nation.

Not for “the citizens of” the nation.
Not for “the taxpayers of” the nation.
Not for “the leaders of” the nation.
This was a service for the nation – the *whole* nation.

Trump can attend, but it’s not about him or for him. It’s a service for the nation.

It’s also a service of prayer, and as I browse through the program, I can’t help but see the *whole* nation raised up again and again and again.

The pre-service music is an eclectic mix. The carillon selections are largely American composers, pairing old composers with 20th and 21st century arrangers. Two of the compositions are by anonymous composers, whose names have been lost to history while their music has not. The four organ selections are by two Lutherans (Bach and Buxtehude) and two Jews (Fanny Mendelssohn and her younger brother Felix). Bach and the Mendelssohns were German, and Buxtehude’s roots are more complicated because of the changing borders of Denmark, Sweden, and northern Germany at the time he was born. The brass selections come from three great composers from three nations: John Rutter (England), Anton Dvorak (the Czech Republic), and Aaron Copland (one of the greatest American composers). The pre-service music concluded with five choral pieces, each of which has deep roots in American religious life. These selections set the tone: this is a service for all the nation, with a mix of instruments, a mix of composers, and music with a mix of ethnic and religious roots that befit the mixed and diverse roots of the nation.

The Entrance Rite began with words from Jesus in Mark 17: “My house shall be called a house of prayer for all people.” Note those last two words: all people. Not a few, not some, not many, but *all* people. After a blessing from the traditions of the First Americans, the indigenous people who were here long before the Mayflower and Jamestown; long before Cortez, Pizarro, Balboa, and Ponce de Leon; long before Columbus and long before the Norse; the opening hymn by Fred Kaan was sung by all who are present in this moment, beginning like this:

For the healing of the nations, God, we pray with one accord;
for a just and equal sharing of the things that earth affords;
to a life of love in action help us rise and pledge our word.

I can imagine that a beginning like this put Trump in a pickle. “It’s all woke crap” he must have been thinking. “When will we get to the acclamation of my win in the election? When will we get to their acknowledgment of my power, my success, my victory? When are we going to get to the praise of me?” Spoiler alert: Never, never, and never. Because this service was never going to be about Trump, and I’m sure that never even dawned on him as he arrived at the National Cathedral.

But back to the hymn.

Lead us forward into freedom; from despair your world release,
that, redeemed from war and hatred, all may come and go in peace.
Show us how through care and goodness fear will die and hope increase.

In the context of Trump’s campaign, and the even closer context of Trump’s post-election announcements of his plans for the first hours and days of his administration, these words are a respectful yet powerful rebuke. Kaan is quite clear: the vision of the God to whom this prayer is addressed is One who prizes justice, equality, love, freedom, peace, care of others, goodness, and finally hope. This God is likewise dedicated to the end of slavery, despair, war, hatred, and most of all, fear. That last list is Trump’s go-to list, and Kaan named and condemned it out loud, in no uncertain terms, in four part harmony.

But Kaan was not done.

All that kills abundant living, let it from the earth be banned;
pride of status, race, or schooling, dogmas that obscure your plan.
In our common quest for justice may we hallow life’s brief span.

I knew Fred Kaan, whose early life was shaped by his family’s work in the Dutch resistance to the Nazis during World War II. He knew, firsthand, the ugliness of life under leaders who prize race and status, who punish and kill those who are Not Like Us. That first word – All! – leaps out with power, this time aimed at each and every power that divides, diminishes, and kills the abundant life God intends for all people.  These are words of resistance, written by one who (along with his family) lived a life of resistance during WWII. These are words offering hope to those unwilling to sell their souls to MAGA and Trump, and sending a shiver through Trump and JD Vance if they were paying attention.

And Kaan is still not done, as he ties up this hymn with one last broadside against the MAGA Un-Gospel:

You, Creator God, have written your great name on humankind;
for our growing in your likeness bring the life of Christ to mind
that by our response and service earth its destiny may find.

Those who pray this prayer — who sing this song — are not praying to shut refugees seeking safety out of the country. They are not praying to round up those who lack the right paperwork to live here, put them in detention camps, and shove them elsewhere. They are not praying to celebrate the exceptionalness of one race or nation or person above the rest of humanity. They are not praying to sit back in comfortable wealth and luxury, leaving it to the poor and needy to pull themselves up by their own bootstraps.

In one short hymn, the entire inaugural address that Trump gave the day before was ripped apart, using the voices that come from the throats of everyone sitting around him. His entire campaign message was challenged and opposed, by every voice that rang to the vaulted ceiling and was broadcast out to the world. Kaan died in 2009, but this hymn sounds as if it could have been written last week. And Trump had to sit there and take it, with all the cameras rolling.

Worst of all for Trump, this was but the beginning of the service.

I’m not going to go through the rest of the service in this kind of detail – you can do that for yourself. There were prayers offered by folks from all kinds of religious traditions – Christians of various denominations, as well as Jewish, Muslim, Hindu, Buddhist, and Sikh leaders. These prayers were filled with words like “all” and “every” to paint a picture of our common life together. In the “prayers for all who govern,” the first petition was not for President Trump, but for “all the peoples of the earth,” and moved more narrowly to “the people of our nation” meaning all the people. In the “prayers for those who serve,” the petitions were offered for those in the armed forces and the diplomatic corps, for all civil servants that “they serve with integrity and compassion, without prejudice or partiality to better their communities and the nation,” for all teachers and educators, for all first responders, and critically at the end, “all the people of our land.” In the “prayers for the peoples of this nation,” Methodist Bishop LaTrelle Easterling opened them like this: “O God, whom we cannot love unless we love our neighbor, let us pray for the most vulnerable in our community and lead us to be present with them in their suffering.” This was followed by petitions of specific and vivid mention of those who are most vulnerable.

All this is what led up to the sermon by the Right Reverend Mariann Edgar Budde that garnered such attention in the media and such opprobrium from Trump. He tried to personalize it, demanding an apology from her, but far from her being some isolated voice standing up to him, or some he said/she said debate, Budde was speaking out of the deep religious traditions of a very diverse nation:

In the name of our God, I ask you to have mercy upon the people in our country.

We’re scared now. The people who pick our crops and clean our office buildings, who labor in poultry farms and meatpacking plants, who wash the dishes after we eat in restaurants and work the night shifts in hospitals.

They may not be citizens or have the proper documentation, but the vast majority of immigrants are not criminals. They pay taxes, and are good neighbors. They are faithful members of our churches and mosques, synagogues, gurdwara, and temples.

I ask you to have mercy, Mr. President, on those in our communities whose children fear that their parents will be taken away, and that you help those who are fleeing war zones and persecution in their own lands to find compassion and welcome here.

This now-famous plea directed specifically to President Trump, offered in a quiet and measured words, was not a one-off. In that plea, she summed up and made plain the implications of Kaan’s opening hymn, the words of the prayers offered throughout the whole service, and everything that took place in the 90 minutes before she took her place in the pulpit and began to speak. If Trump was waiting for the service to finally turn to him, this plea is when it happened — and it pissed him off.

What Budde did, in all humility and in all power, was to name Trump for what he is: one of us, with specific powers and abilities to directly shape life for all the people of the country, and indirectly for the world. Note, though, that what she pleaded for from Trump was of a piece with all the music and prayers, calling on every one of us to use our own far smaller powers and abilities to shape life for all the people in our orbit for the better, as small as our powers may be compared with the powers wielded by Trump.

That, perhaps, is what most put Trump out of joint. She was saying to him “Your title may be fancier, your staff may be grander, cameras may follow your every movement, and microphones strain to catch your every word, but in the end, you share the same task as the lowliest person who cleans hotel rooms, who labors to pick crops and build homes and process poultry while undocumented. You are One of Us, no more special and no less special, no matter how much you long for it to be otherwise.”

I’ve preached to congregations that have included mayors and city officials. I’ve preached to state legislators, state executive branch officials, and state supreme court justices. I’ve preached in services attended by a presidential candidate (Illinois Senator Paul Simon). One thing that has sustained me in those settings, and given me the strength to say what needs to be said, is the strong sense of being surrounded by the voices of the ancestors, preaching this same good news to them that I preach to the lowliest and most marginalized- that all that God has made is good, and all deserve support and care and love from each other.

Several years ago, on the eve of the first anniversary of January 6th, I compared Trump with King Herod who tried to use the wise men so he could kill the infant born to be the Messiah, and I used not simply the account from the Gospel of Matthew but also the retelling of the story by James Taylor in his song “Home By Another Way. Here, in part, is what I wrote that day:

But Taylor isn’t singing just to retell the story of what happened back then. He’s preaching, in his own way, drawing his listeners into the song and changing us here today:

Well it pleasures me to be here
And to sing this song tonight
They tell me that life is a miracle
And I figure that they’re right
But Herod’s always out there
He’s got our cards on file
It’s a lead pipe cinch
If we give an inch
That Herod likes to take a mile

It’s best to go home by another way
Home by another way
We got this far to a lucky star
But tomorrow is another day
We can make it another way
“Safe home!” as they used to say
Keep a weather eye to the chart up high
And go home another way

Yes, Herod *is* always out there, looking to game the system and rape the system and break the system if that’s what it takes to keep himself in power.

But there is also always another way, a way that leaves Herod and his successors powerless and impotent.

My description of Herod’s/Trump’s way came back to mind with a crash on the 20th, as word of all those initial executive orders came tumbling out. Saying Trump is “looking to game the system and rape the system and break the system if that’s what it takes” back then seems frighteningly prescient today.

But like the wise men of old, Bishop Budde knows another way, as do all those who planned this most powerful service, and as did Fred Kaan. In JT’s words, in the face of Trump’s blizzard of executive orders which are designed to take and take and take some more from the most vulnerable among us, Budde didn’t give an inch. Instead, she stood in the path of our American Herod along with a host of others, naming that other way home.

And here’s the really really good news, that would scare Trump even more if he were to think about it: you don’t have to be a bishop to name Herod for who he is, to call out his ways of fear and death, and to lift up our neighbors. That’s what the wise men did, in going home by another way. They protected a poor, vulnerable refugee-to-be from a vengeful tyrant who feared for his own power. And that’s what each of us can do, wherever we are: name Trump’s way as the path of division, destruction, and death, and point to another way.

Because JT was right: it’s best to go home by another way.

At least in response to questioning from journalists yesterday, Trump had — or feigned — a very limited understanding of some of the Executive Orders he has signed in the last two days. For example, he couldn’t explain why he had pardoned Danny Rodriguez, who nearly killed Michael Fanone. And he explained the Enrique Tarrio pardon by pointing to the Proud Boy leader’s burning of a BLM flag, which (along with his attempted possession in DC of unlawful weapons) was punished separately from Tarrio’s seditious attack on the Capitol.

With Trump, one should always start with the assumption he’s engaged in a con, but it really is possible he only vaguely understands some of what he just signed.

That, plus the number of typos and other sloppy errors commentators have noted in the EOs, makes me wonder whether Stephen Miller drafted everything and decided, in real time, which Executive Orders to hand to Trump to sign, like a gamer might deploy his favorite Magic Card deck. In a piece on Vivek Ramaswamy’s purge from DOGE [sic], for example, WaPo reveals that, “Draft executive orders favored by Musk were implemented, and those put forward by Ramaswamy’s team that Musk had ignored in recent weeks are unlikely to be issued.” Who knows? Maybe there’s even an EO with all the January 6 pardons that only commuted the sentences of those who assaulted cops or were deemed to be terrorists, rather than granting (in many cases) full pardons.

There are at least two Executive Orders that have Stephen Miller’s name all over them which deserve closer scrutiny: One claiming to “restor[e] freedom of speech and end[] federal censorship,” and another claiming to end[] the weaponization of the federal government.”

Both have the same structure. They order the Attorney General (and the Director of National Intelligence, in the weaponizing EO) to go chase down conspiracy theories spawned by Jim Jordan: that the Federal government is infringing on free speech and weapon or targeting Joe Biden’s opponents. Here’s how it looks in the latter case:

The Department of Justice even jailed an individual for posting a political meme. And while the Department of Justice has ruthlessly prosecuted more than 1,500 individuals associated with January 6, and simultaneously dropped nearly all cases against BLM rioters.

[snip]

(a) The Attorney General, in consultation with the heads of all departments and agencies of the United States, shall take appropriate action to review the activities of all departments and agencies exercising civil or criminal enforcement authority of the United States, including, but not limited to, the Department of Justice, the Securities and Exchange Commission, and the Federal Trade Commission, over the last 4 years and identify any instances where a department’s or agency’s conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the Counsel to the President, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order.

(b) The Director of National Intelligence, in consultation with the heads of the appropriate departments and agencies within the Intelligence Community, shall take all appropriate action to review the activities of the Intelligence Community over the last 4 years and identify any instances where the Intelligence Community’s conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the National Security Advisor, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order. The term “Intelligence Community” has the meaning given the term in section 3003 of title 50, United States Code. [my emphasis]

These orders will give Pam Bondi cover to conduct an investigation without the predicate otherwise required, and do so outside the normal institutions (like DOJ’s Inspector General and DOJ and FBI’s Offices of Professional Responsibility; to say nothing of Trump-appointed judges who already debunked the EO’s claim about selective prosecution of January 6ers) that afford targets some due process.

The scope of this review is very strictly the last four years. Thus, it will exclude a great deal of weaponization Bill Barr engaged in (including the Brady side channel via which Joe Biden was criminally framed) and even every single one of the notices regarding misstatements about voting means, time, or location that Barr’s DOJ authorized in the 2020 election, which were one main focus of the Twitter Files. It will ignore that the investigation into Douglass Mackey — the reference to an individual who posted a political meme, above — in chatrooms to which Stephen Miller was, at the very least, adjacent (and Don Jr was in), was almost entirely conducted during the first Trump Administration.

It will likewise exclude the far greater threats to free speech going forward. Donald Trump’s threat to send Mark Zuckerberg to prison for the rest of his life? Issued before Trump returned to government. Brendan Carr demanding that CBS platform right wingers, while ignoring Fox’s production of exclusively right wing content? Officially government, as of Monday, but therefore outside the scope of the four year review. And Stephen Miller coaxing Zuckerberg to making his platforms amenable to genocide again? Not yet a government action.

Take special notice, too, that the SEC and FTC are included among the agencies where Bondi is instructed to go find weaponization. Again, that picks up a Jim Jordan crusade, one targeted at regulatory agencies holding Elon Musk accountable for agreements the company he bought had already entered into, to say nothing of Elon’s efforts to tank Xitter’s own stock. Sure, some of this is Miller’s means to undermine the legitimacy of the January 6 investigation, but it’s also a personal sop to the richest man in the world.

And after Pam Bondi conducts an investigation into things that aren’t crimes via means that evade normal due process? She writes a report and gives it to … Stephen Miller, who among other things has been cultivating first Elon and then Zuck to platform Nazis.

When Jim Jordan conducted these crusades, he was shielded by Speech and Debate from adhering to basic facts. These EOs are an attempt to create space for Bondi to similarly escape the kinds of evidentiary rules and basic due process that limited Trump’s prior attempts to target his enemies.

If they find something, Miller will feed them to Trump to make issue of. If they don’t (there are few real complaints about the January 6 investigation, aside from the shitty DC jail and difficulties created by COVID; and for much of Biden’s term, the agencies of interest to Miller for engaging in government speech were constrained by lawsuits by Miller’s allies), then Miller can just burn the report in the same fireplace Mark Meadows use to use.

In other words, these two EOs (I’m sure there are other similar ones) claim to attack the politicization of government by ordering Pam Bondi to politicize DOJ.

On Day One, Donald Trump freed hundreds of people accused or convicted of assaulting cops, some even treated as terrorists at sentencing.

On Day Two, Donald Trump freed a global drug trafficker accused of arranging murder-for-hire.

Here’s Andy Greenberg on the pardon for Ross Ulbricht.

A little over 11 years and three months ago, Ross Ulbricht was arrested in the science fiction section of a public library in San Francisco, caught with his laptop still logged in to the Silk Road, the world’s first dark-web drug market that he created and ran under the pseudonym the Dread Pirate Roberts.

Now, after being sentenced to life in prison and spending more than a decade behind bars, Ulbricht will walk free, thanks to Donald Trump—and to the president’s ever-closer ties to the American cryptocurrency world.

“I just called the mother of Ross William Ulbright to let her know that in honor of her and the Libertarian Movement, which supported me so strongly, it was my pleasure to have just signed a full and unconditional pardon of her son, Ross,” president Trump wrote on Truth Social on Tuesday evening, misspelling Ulbricht’s last name. “The scum that worked to convict him were some of the same lunatics who were involved in the modern day weaponization of government against me. He was given two life sentences, plus 40 years. Ridiculous!”

For close to two and a half years after Ulbricht created the Silk Road in 2011, the dark-web site facilitated the sale of vast amounts of narcotics, as well as counterfeit documents, money laundering services and, at times, guns, for hundreds of millions of dollars in bitcoin payments. After the FBI located the Silk Road’s server in Iceland in 2013 and arrested then 29-year-old Ulbricht in San Francisco, he was convicted on seven charges relating to the distribution of narcotics, money laundering, and computer hacking, as well as a “continuing criminal enterprise” statute—sometimes known as the “kingpin statute”—usually reserved for mob bosses and cartel leaders. In 2015, he was sentenced to life in prison, a punishment beyond even the 20-plus years that prosecutors in the case requested.

Since then, a Free Ross movement has steadily pressed for Ulbricht’s release, first in a failed appeal, then in petitions for clemency.

A Pile of Doozies, waiting to be signed

There are some real doozies among the executive orders that were signed yesterday. As Marcy noted, the pardons were certainly among them. There is also the irony of opening up ANWR for drilling once more and exploiting Alaska’s environmental resources, while at the same time stopping the offshore continental shelf leases to wind farms,

with due consideration for a variety of relevant factors, including the need to foster an energy economy capable of meeting the country’s growing demand for reliable energy, the importance of marine life, impacts on ocean currents and wind patterns, effects on energy costs for Americans –- especially those who can least afford it –- and to ensure that the United States is able to maintain a robust fishing industry for future generations and provide low cost energy to its citizens.

I guess Alaskan fish and the Arctic Ocean are on their own.

There is also an EO giving now-Secretary of State his marching orders:

Section 1.  Purpose.  From this day forward, the foreign policy of the United States shall champion core American interests and always put America and American citizens first.

Sec. 2.  Policy.  As soon as practicable, the Secretary of State shall issue guidance bringing the Department of State’s policies, programs, personnel, and operations in line with an America First foreign policy, which puts America and its interests first.

“And don’t you forget it, Little Marco!” was apparently deleted from the final version that was signed.

It’s not just Americans watching all this play out on Day One. Around the world, the heads of intelligence services of friends and foes alike were no doubt watching as well, to see what was just campaign rhetoric and what Trump actually followed through on with action. The EO that really made me sit up and take notice and most certainly caught their attention was this one:

The Executive Office of the President requires qualified and trusted personnel to execute its mandate on behalf of the American people.  There is a backlog created by the Biden Administration in the processing of security clearances of individuals hired to work in the Executive Office of the President.  Because of this backlog and the bureaucratic process and broken security clearance process, individuals who have not timely received the appropriate clearances are ineligible for access to the White House complex, infrastructure, and technology and are therefore unable to perform the duties for which they were hired.  This is unacceptable.

Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order:

1.  The White House Counsel to provide the White House Security Office and Acting Chief Security Officer with a list of personnel that are hereby immediately granted interim Top Secret/Sensitive Compartmented Information (TS/SCI) security clearances for a period not to exceed six months; and

2.  That these individuals shall be immediately granted access to the facilities and technology necessary to perform the duties of the office to which they have been hired; and

3.  The White House Counsel, as my designee, may supplement this list as necessary; and

4.  The White House Counsel, as my designee, shall have the authority to revoke the interim clearance of any individual as necessary.

The introduction blaming the Biden administration for screwing up the process for getting security clearances is a red herring. This EO is straight up slamming the FBI for not immediately giving clearances to his favored people back in 2017. But beyond that . . . wow.

Do you remember how things began for Trump in 2017? As I wrote in 2022, when the FBI executed a search warrant on Mar-a-Lago seeking (and finding) missing very sensitive national security documents, Trump had a history of shoddy security practices dating back to the very beginning of his first administration.

On May 15, 2017, a disturbing story hit the news:

President Donald Trump disclosed highly classified information to Russia’s foreign minister about a planned Islamic State operation, two U.S. officials said on Monday, plunging the White House into another controversy just months into Trump’s short tenure in office.

The intelligence . . . was supplied by a U.S. ally in the fight against the militant group, both officials with knowledge of the situation said.

H.R. McMaster categorically denied it, and as the story unfolded over time, McMaster was lying through his teeth. The unnamed ally was later revealed to be Israel, who had a mole inside an ISIS cell. And Trump blithely blew the cover of that Israeli asset by bragging to Lavrov.

Shortly after this meeting (at which Trump also bragged about just having fired James Comey), US intelligence officials made a bold move. From CNN:

In a previously undisclosed secret mission in 2017, the United States successfully extracted from Russia one of its highest-level covert sources inside the Russian government, multiple Trump administration officials with direct knowledge told CNN.

A person directly involved in the discussions said that the removal of the Russian was driven, in part, by concerns that President Donald Trump and his administration repeatedly mishandled classified intelligence and could contribute to exposing the covert source as a spy.

The decision to carry out the extraction occurred soon after a May 2017 meeting in the Oval Office in which Trump discussed highly classified intelligence with Russian Foreign Minister Sergey Lavrov and then-Russian Ambassador to the US Sergey Kislyak. The intelligence, concerning ISIS in Syria, had been provided by Israel.

This was the opening act of the Trump presidency. From the very beginning, intelligence officers worried about how Trump handled classified information. Our intelligence officers worried, and so did the intelligence officers of our allies, as they asked themselves some version of the question “Will Trump say something or do something that will get us killed?” In a completely different way, so did the intelligence officers of our adversaries. If Trump were to rashly reveal something he learned about the capabilities of our adversaries, it could have disastrous consequences for those countries and their leaders, as the reaction to the revelation could easily spiral out of control in unforeseeable ways.

And the damage was done.

Fast forward to today, and imagine you are the head of the German Bundesnachrichendienst, the Australian Secret Intelligence Service, the Israeli Mossad, or any of the intelligence agencies with whom we regularly share intelligence. This EO says that Trump is giving a six-month waiver to the background check requirement. What could possibly go wrong?

Now imagine you are the head of the intelligence service of an unfriendly country. How large is your smile?

Just as they watched Biden’s new team in 2021, all the foreign intelligence services are watching Trump today. Yes, they are taking note of Trump indicating the US is withdrawing from the Paris Climate Agreement, and also the World Health Organization. But screwing with security clearances in the White House is on another level.

Little Secretary of State Marco is going to have a lot of work to do, trying to clean up this mess. This kind of thing will turn “America First” into “America Alone,” at least when it comes to sharing intelligence among allies.

And finally, imagine you are a senior person in the CIA, NSA, or another US intelligence agency. Imagine you are an agent in the field, passing sensitive information through your handler back to Langley. How many agents are going to ask to be pulled out? How many agents are going to “go dark” for a time, cutting off the flow of information they had been sending? And how many potential sources are going to rethink any idea of cooperating with US intelligence services, and decide to go to the Germans, the British, or others instead of the US — or decide it’s not worth cooperating with any western country?

The whole world is watching, and it’s not a pretty picture. Unless, of course, you are a certain former KBG agent, who is even more elated today than he was on November 9th.

Aileen Cannon issued her ruling withholding any sharing of Jack Smith’s Volume Two — which she extended to thirty days after all appellate proceedings.

2. Attorney General Garland or his successor(s), the Department of Justice, its officers, agents, officials, and employees, and all persons acting in active concert or participation with such individuals, are enjoined from (a) releasing, sharing, or transmitting Volume II of the Final Report or any drafts of Volume II outside the Department of Justice, or (b) otherwise releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in Volume II or in drafts thereof

3. This Order remains in effect pending further Court order, limited as follows. No later than thirty days after full conclusion of all appellate proceedings in this action and/or any continued proceedings in this Court, whichever comes later, the parties shall submit a joint status report advising of their position on this Order, consistent with any remaining Rule 6(e) challenges or other claims or rights concerning Volume II, as permitted by law. Any disagreements between the parties can be denoted separately.

She claims the report — which would only be released in redacted form — includes non-public information (and also revealed that Trump was claiming attorney-client privilege over some of the material).

Volume II includes detailed and voluminous discovery information protected by the Rule 16(d)(1) Protective Order entered in this case [ECF No. 27]. Much of this information has not been made public in Court filings. It includes myriad references to bates-stamped information provided by the Special Counsel in discovery and subject to the protective order, including interview transcripts, search warrant materials, business records, toll records, video footage, various other records obtained pursuant to grand jury subpoena, information as to which President-Elect Trump has asserted the attorney-client privilege in motions in this proceeding [ECF No. 571 (sealed); ECF Nos. 641, 656], potential Rule 404(b) evidence, and other non-public information.

Along the way, she notes that no one from Congress has asked for the report, but that the Democratic members of HJC called for its public release.

12. With respect to the Department’s assertion of congressional interest in Volume II, there has been no subpoena by Congress for review or release of Volume II. There is no record of an official request by members of Congress for in camera review of Volume II as proposed by the Department in this case. There is, however, a recent letter by some of those same members urging Attorney General Garland to release Volume II to the public immediately, even if doing so requires dismissal of the charges as to Defendants Nauta and De Oliveira.10 Finally, although the Department refers generally to “legislative interest” concerning special counsels as a basis to deny Defendants’ Emergency Motion as to Volume II [ECF No. 703 p. 3 n.2], the Department has identified no pending legislation on the subject or any legislative activity that could be aided, even indirectly, by dissemination of Volume II to the four specified members whom the Department believes should review Volume II now.

Note that she ignores Kash Patel’s pending confirmation proceedings.

Cannon also makes a patently false claim — that DOJ has never released Special Counsel information prior to the conclusion of criminal proceedings.

Never before has the Department of Justice, prior to the conclusion of criminal proceedings against a defendant—and absent a litigation-specific reason as appropriate in the case itself— sought to disclose outside the Department a report prepared by a Special Counsel containing substantive and voluminous case information. Until now.

The Mueller Report did that: It included (but redacted) information on both the Prigozhin troll case and the Roger Stone one.

Ah well. I did say that Jamie Raskin would have been better off attempting to intervene personally.

Cannon, having released the order after folks at SDFL quit, now makes much of the fact that no one from SDFL is noticed on this matter.

Update: As a reminder, I posted on some of the stuff that would appear in the report here. It sounds like the report itself has a lot more description of surveillance footage.

Somehow, the headlines describing that Trump pardoned most of those convicted or charged for January 6 forgot to mention hundreds of them were convicted of violent assaults on cops.

The grant of clemency is actually somewhat interesting. Contrary to reports, almost everyone got pardoned. The exceptions — those whose sentences were commuted, rather than pardoned, are many of the top Oath Keepers and Proud Boys.

• Stewart Rhodes
• Kelly Meggs
• Kenneth Harrelson
• Thomas Caldwell
• Jessica Watkins
• Roberto Minuta
• Edward Vallejo
• David Moerschel
• Joseph Hackett
• Ethan Nordean
• Joseph Biggs
• Zachary Rehl
• Dominic Pezzola
• Jeremy Bertino

But the list is inconsistent. For example, Jeremy Bertino cooperated against the others (but has not yet been sentenced). He got a pardon with everyone else. But others (like Joshua James, who pled guilty to sedition) who cooperated are not on this list, and as a result will get a full pardon.

If this were reported correctly, it would exacerbate the anger a good number of Trump allies must feel right now: A number of Republicans, including even Mike Johnson, spoke out against pardoning the violent cop assailants. Trump ignored them all.

Ah well, I know it was a busy day, but you’d think you could get the headline right. Most of the people freed are not pre-trial defendants. They’re convicted criminals, hundreds for assaults on cops, many who pled guilty, just let out the door as one of Trump’s first acts as President.

Update: Trump put Ed Martin, someone involved in Stop the Steal, in charge of the DC US Attorney’s Office.

Update: In an Executive Order prioritizing the death penalty, Trump called for the death penalty for those who succeed in murdering cops.

(b) In addition to pursuing the death penalty where possible, the Attorney General shall, where consistent with applicable law, pursue Federal jurisdiction and seek the death penalty regardless of other factors for every federal capital crime involving:

(i) The murder of a law-enforcement officer; or

Yesterday, Danny Rodriguez was freed for nearly murdering Michael Fanone.

Trump also ordered DOJ to prioritize violent crime, like those committed by hundreds of the people he freed yesterday.

Sec. 6. Prosecuting Crime to Protect Communities. (a) The Attorney General shall appropriately prioritize public safety and the prosecution of violent crime, and take all appropriate action necessary to dismantle transnational criminal activity in the United States. [my empahsis]

Meanwhile, DOJ is issuing orders to halt the prosecution of people accused of violent crime.

I further direct the Attorney General to pursue dismissal with prejudice to the government of all pending indictments against individuals for their conduct related to the events at or near the United States Capitol on January 6, 2021.  The Bureau of Prisons shall immediately implement all instructions from the Department of Justice regarding this directive. [my emphasis]

Update: Via Harry Dunn, here’s all the automated notices that Aquilino Gonell has gotten telling him that people he testified against — all of whom assaulted him — have been released.

Update: Elevating Critter7’s link to the most recent update from DC USAO on the investigation. It says 174 people were charged with using a deadly weapon or causing serious bodily harm to a cop.

• Approximately 608 charged with assaulting, resisting, or impeding law enforcement agents or officers or obstructing those officers during a civil disorder, including approximately 174 defendants charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer;

[snip]

Of those who pled guilty to felonies, 172 pleaded guilty to assaulting law enforcement; 130 pleaded guilty to obstructing law enforcement during a civil disorder (riot); 69 pleaded guilty to assaulting law enforcement with a dangerous or deadly weapon; and 4 pleaded guilty to seditious conspiracy– conspiring to use force against the United States. Some of these defendants pled guilty to one or multiple felony charges related to their conduct.