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Stephen Miller’s Presumed Babysitting of JD Vance’s European Animosity … and DOD’s Potential War Crimes

Tulsi Gabbard’s testimony at the threat hearings was clear: After falsely claiming that fentanyl was the top threat to the United States, she said the second threat was China. That’s important background to the most interesting comment I’ve seen about the chat.

The Trumpsters on the chat were obsessed with making Europe pay for the operation. But — as  Nathalie Tocci noted in this NYT story focused on the Trumpsters’ obsession — the entire conversation ignored the import to China of transit through the Suez Canal.

“It is clear that the trans-Atlantic relationship, as was, is over, and there is, at best, an indifferent disdain,” said Nathalie Tocci, director of Italy’s Institute of International Affairs, who formerly advised a top E.U. official. “And at worst, and closer to that, there is an active attempt to undermine Europe.”

[snip]

He and others, like Anna Sauerbrey, the foreign editor of Die Zeit, noted that the explicit demand for payment, rather than just political and military support, as in Iraq and Afghanistan, was new. And it ignored the fact that “the U.S. depends on global trade,” she said, and that “France, Britain and the Netherlands have deployed ships to the region” for the same purpose. The Americans, she said, “are constantly overlooking European efforts.”

China, for example, gets most of its oil imports through the Bab el-Mandeb Strait and does much of its export trade with Europe through the same sea route. But no one is asking China to pay, Ms. Tocci noted.

In the texts released by Atlantic, there’s actually even more focus on the trade that transits the canal than the original story.

Indeed, it was at the center of debates over whether the strikes should go forward, which decision Tulsi Gabbard claimed had been made long before the chat started, and which debate, in yesterday’s cover story, was hailed as a policy process working.

Eleven minutes after Mike Waltz kicks off the thread with instructions that Joint Staff is sending “a more specific sequence of events in the coming days,” JD Vance piped in to say he thought the strikes were a mistake.

He focused on the fact that (he claimed) just 3% of US trade goes through Bab el-Mandeb, whereas 40% of Europe’s does.

Both Joe Kent (Tulsi’s unconfirmed aide) and John Ratcliffe respond that they could wait; indeed, in an arguably classified text, Ratcliffe says that more time would “be used to identify better starting points for coverage on Houthi leadership.” Kent also offers to provide unclassified details on shipping, perhaps to correct JD’s claim.

Remember, the person most likely to have been the “JG” whom Waltz tried to add to the chat instead of Jeff Goldberg is Jamieson Greer, Trump’s trade representative, who likely would have had the precise details (and also might be sufficiently grown up to point out how stupid this Signal chat was).

Then Pete Hegseth pipes up to second JD’s specific concerns about messaging, including his worry that (ha!) the plans will leak and “we look indecisive.”

Waltz responds to JD’s original point, correcting him about how much US traffic transits Bab el-Mandeb, accounting for the fact that the stuff transiting the canal ends up in trade with the US.

That’s the first 27 minutes of the substantive discussion. Somewhere between 8:32 and 8:42AM, Waltz adds “SM,” believed to be Stephen Miller.

After adding Miller (but without mentioning he added him), Waltz returns to the issue of sea lanes, asserting that unless the US reopens them, they won’t get reopened.

JD suggests that if Hegseth is okay with the strikes, “let’s go.” He suggests Houthi targeting of Saudi oil facilities are one downside risk, not Saudi involvement, which is why the US has often chosen to lead on Houthi strikes.

Then Hegseth agrees that the Europeans are “free-loading It’s PATHETIC,” and says “we are the only ones on the planet (on our side of the ledger) who can” reopen the shipping lanes — which may suggest he believes China could do it too.

As Tocci pointed out to NYT, there’s no discussion of asking China to pay for these strikes. No discussion of how doing so for China helps China build its influence in Europe. No discussion at all in how this might affect China.

These boys purportedly intent on confronting China simply don’t consider the policy decision’s affect on China. JD and Whiskey Pete, at least, are interested primarily in hurting Europe.

Another 46 minutes elapse before SM — added after JD was wailing about the Europeans — comments. He offers an interpretation of what Trump said: a green light on the operation, he opines, but the US would harass Egypt and Europe after the fact to extort a payback.

Eleven minutes later, Hegseth — the guy to whom JD appealed on this issue — agreed with SM’s interpretation of the President’s intent.

That settled it. As I noted, SM’s — presumed to be Stephen Miller, Trump’s top domestic policy advisor — interpretation of the President’s intent is the sole backup in this now public document that the President authorized the strike at all: “As I heard it, the president was clear: green light.”

And the next thing we know, after Waltz resets how long until this PRA/FRA-covered communications will be destroyed illegally — DOD is flattening the apartment of someone’s girlfriend.

Fist-flag-fire!

By March 17, locals in Sanaa were claiming 53 people had been killed in this and ensuing strikes, including five children.

Even ignoring the foreknowledge of a civilian target, that makes the whole thing legally precarious, because everyone on the list is relying on SM’s interpretation of presidential intent. With the foreknowledge, it puts everyone involved in the strike at much greater legal risk because the legality of it, seemingly a target with significant civilian exposure, is so fragile.

But the other thing it does is show SM — again, believed to be Trump’s top domestic policy advisor — serving as the surrogate for Trump, and doing so in a way designed to shut JD up.

Like wormtongue, his mere gloss of the leader’s intent is treated with uncontested authority.

 

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Seven Reasons Trump’s Entire National Security Team Should Resign in Disgrace

The White House, with the help of Politico, is trying to make National Security Adviser Mike Waltz the fall guy for adding Atlantic editor Jeff Goldberg to the Signal thread on which they planned war strikes against Yemen.

Nothing is decided yet, and White House officials cautioned that President Donald Trump would ultimately make the decision over the next day or two as he watches coverage of the embarrassing episode.

A senior administration official told POLITICO on Monday afternoon that they are involved in multiple text threads with other administration staffers on what to do with Waltz, following the bombshell report that the top aide inadvertently included Atlantic editor in chief Jeffrey Goldberg in a private chat discussing a military strike on Houthis.

“Half of them saying he’s never going to survive or shouldn’t survive,” said the official, who like others was granted anonymity to discuss internal deliberation. And two high-level White House aides have floated the idea that Waltz should resign in order to prevent the president from being put in a “bad position.”

“It was reckless not to check who was on the thread. It was reckless to be having that conversation on Signal. You can’t have recklessness as the national security adviser,” the official said.

Mind you, the knives have been out for Waltz already, and the notion that he was in touch with a Neocon journalist like Goldberg would only help those already trying to oust Waltz make the case that he’s not on Trump’s America First agenda.

And Politico doesn’t mention whether its sources were also on the Signal thread, and whether their discussions about making Waltz take the fall were done on Signal.

It is a transparent attempt to make a major breach — potentially a crime — into something else, the forgivable error of adding the wrong person to a chat thread.

This cover story, that this is just a reckless mistake about adding the wrong person to a Signal thread, also happens to be the line Trump’s closest allies in the Senate and the few Fox News hosts Trump hasn’t already hired into his Administration are parroting on TV.

1. Waltz set up a Signal chat to make war plans without verifying the ID of those included

To be sure, it was pretty boneheaded that Waltz didn’t better verify the people he was first adding to Signal and then putting on a “principles [sic] group” to plan war strikes.

On Tuesday, March 11, I received a connection request on Signal from a user identified as Michael Waltz. Signal is an open-source encrypted messaging service popular with journalists and others who seek more privacy than other text-messaging services are capable of delivering. I assumed that the Michael Waltz in question was President Donald Trump’s national security adviser. I did not assume, however, that the request was from the actual Michael Waltz. I have met him in the past, and though I didn’t find it particularly strange that he might be reaching out to me, I did think it somewhat unusual, given the Trump administration’s contentious relationship with journalists—and Trump’s periodic fixation on me specifically. It immediately crossed my mind that someone could be masquerading as Waltz in order to somehow entrap me.

[snip]

Two days later—Thursday—at 4:28 p.m., I received a notice that I was to be included in a Signal chat group. It was called the “Houthi PC small group.”

A message to the group, from “Michael Waltz,” read as follows: “Team – establishing a principles [sic] group for coordination on Houthis, particularly for over the next 72 hours. My deputy Alex Wong is pulling together a tiger team at deputies/agency Chief of Staff level following up from the meeting in the Sit Room this morning for action items and will be sending that out later this evening.”

Note, at about the time Waltz made this list, 11:28 PM Moscow time, list member Steve Witkoff was meeting with Putin, after having been left waiting for hours.

So yeah, Trump’s National Security Adviser exercised little diligence about how he set up a list to carry on highly classified conversations involving people’s cell phones, including cell phones that might be in Russia.

2. The entire national security team participated in a potential violation of the Espionage Act

But the effort to claim this is just a mistake in the creation of the Signal list is an attempt to downplay that Trump’s CIA Director, John Ratcliffe, sent the identity of a currently serving intelligence officer and later sent what appears to be sources and methods on Signal, and then his Secretary of Defense, Whiskey Pete Hegseth, sent operational details of the imminent strikes on Yemen on Signal, and then Waltz himself sent out what sound like the immediate results of the operation, also on Signal.

All those men, who loudly condemned Hillary Clinton or Joe Biden for their unintentional mishandling of classified information, who demanded that DOJ prosecute such lapses, sent information on an insecure chat that happened to include a journalist.

18 USC 793(f) makes it a crime to so negligently mishandle National Defense Information that someone not authorized to receive it does receive it.

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

Shall be fined under this title or imprisoned not more than ten years, or both.

And yet Trump’s entire national security team — not only his National Security Adviser and his CIA Director and his Secretary of Defense, but also his Chief of Staff, his Secretary of State, his Vice President, his Director of National Intelligence, and others — did nothing as the entire team shared information about an upcoming and recently completed military attack, on Signal.

The entire gang was in on it.

3. [Trump claims] his entire national security team may have committed a crime and also an embarrassing story was about to break but no one told him

When Trump was first asked about the story, he played dumb, claiming he didn’t know anything about it.

I don’t know anything about it. I’m not a big fan of The Atlantic. To me it’s a magazine that’s going out of business. But I know nothing about it. You’re saying that they had what?

Sure, this is almost certainly a lie. Goldberg says he told the White House about it at 9AM yesterday morning.

But now that Trump has told the lie, he has also claimed that after his entire national security team learned that a journalist may have witnessed them engage in behavior that might violate the Espionage Act, none of them told him — not JD Vance, not Mike Waltz, not Susie Wiles, not the NSC spox who gave on the record confirmation that the thread was authentic — none of them alerted Trump to the breach. Trump would further have you believe that none of them told him — not JD Vance, not Mike Waltz, not Susie Wiles, not the NSC spox who gave on the record confirmation that the thread was authentic — that an incredibly damaging story was about to drop.

If that were true it would mean Trump could trust no one to keep him informed of the most basic things. It would mean his entire national security team fucked up and kept it a secret from him.

4. DOD attacked a foreign country based on Stephen Miller’s feels of Trump’s intent

One weird line in the Atlantic story describes how Stephen Miller (Trump’s domestic policy advisor, not formally on his foreign policy team) interpreted Trump’s views from a prior meeting in the Situation Room, and Miller’s interpretation was all it took to affirm Trump’s intent to launch strikes on Yemen.

At this point, the previously silent “S M” joined the conversation. “As I heard it, the president was clear: green light, but we soon make clear to Egypt and Europe what we expect in return. We also need to figure out how to enforce such a requirement. EG, if Europe doesn’t remunerate, then what? If the US successfully restores freedom of navigation at great cost there needs to be some further economic gain extracted in return.”

That message from “S M”—presumably President Trump’s confidant Stephen Miller, the deputy White House chief of staff, or someone playing Stephen Miller—effectively shut down the conversation. The last text of the day came from “Pete Hegseth,” who wrote at 9:46 a.m., “Agree.”

This entire operation was — is, still — being authorized solely on Presidential authority.

But the Presidential authority, the thing that gives it some cover of law, amounts to Stephen Miller’s feels about the President’s intent.

That’s a pretty flimsy basis on which to launch military strikes.

5. Hegseth lied when caught

All this broke as Pete Hegseth was flying to Hawaii, his first trip to Asia as Defense Secretary (if he makes it that far).

When asked about sending war plans on a thread that included a journalist, Hegseth lied, claiming no one had been texting war plans. (In a truly spectacular touch, Hegseth put the video of himself lying up on his “DOD Rapid Response” Xitter account, after which it promptly got fact-checked.

I get that these underqualified right wing white men never take personal accountability for their actions.

But this undermines whatever leadership credibility Hegseth otherwise might have had.

The military requires accountability from its leaders.

Hegseth refused to take any.

6. Waltz set the threads to autodelete, likely deliberately defying the Presidential Records Act

According to Goldberg, Mike Waltz set the text threads to auto-delete.

There was another potential problem: Waltz set some of the messages in the Signal group to disappear after one week, and some after four. That raises questions about whether the officials may have violated federal records law: Text messages about official acts are considered records that should be preserved.

Not only would deleting this thread without creating a record violate the Presidential and Federal Records Acts, but that’s probably why they were sending war plans on Signal.

That is, the most likely reason why Trump’s entire national security team was using an insecure platform to plan war strikes was to ensure there were no embarrassing records for posterity, a violation of the law.

7. The entire national security team may have committed a crime in plain sight but Pam Bondi and Kash Patel won’t investigate

Pam Bondi was admittedly busy yesterday making multiple TV appearances in which she scolded Jasmine Crockett for opposing Elon Musk’s efforts to dismantle the government.

In none of them did she say she was opening an investigation into whether Mike Waltz or any of the other people on the list violated the Espionage Act or any other laws.

Who are we kidding? There’s no way Bondi or Kash Patel will investigate this (though they too criticized Biden and Hillary about classified information).

And that, in and of itself, is reason why Bondi and Patel should resign in disgrace. Because even in the face of a humiliating security breach, they’ll do nothing to hold Trump’s people accountable.

Update: I watched the Threats hearing at which Tulsi and John Ratcliffe testified. Both seem to be claiming that nothing they posted was classified, but they defer to DOD regarding whether anything Whiskey Pete shared was classified. Clearly Whiskey Pete has retroactively declassified material to cover up his possible crime.

Of note, Ratcliffe did not know (and seemed surprised) that Steve Witkoff was in Russia during the period of the list. And Tulsi admitted she had been overseas during the period as well; she did a trip to the Pacific, including stops in Hawaii, Japan, Thailand, India and France.

Finally, Tulsi freely agreed to have her own use of Signal (and other encrypted apps) audited to make sure she’s not doing anything impermissible; Ratcliffe was cagier, and said only he’d do so if NSC agreed.

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Stephen Miller Makes a Case to Defund or Deport Elon Musk

Over the weekend, ICE arrested one of the people involved in Columbia’s pro-Palestinian protests, Mahmoud Khalil. It appears that they first stopped him with the intent of arresting him on a claim his student visa had been canceled; but even after they confirmed he was a Green Card holder, they detained him anyway.

On Saturday, Department of Homeland Security (DHS) officers detained Mahmoud Khalil – a recent Columbia University graduate who helped lead the Gaza solidarity encampment – at his New York City home, an apartment building owned by the school, says advocates.

According to the advocates, at around 8:30 PM, Khalil and his wife – who is eight months pregnant – had just unlocked the door to their building when two plainclothes DHS agents pushed inside behind them. The agents allegedly did not identify themselves at first, instead asking for Khalil’s identity before detaining him.

The agents proceeded to tell Khalil’s wife that if she did not leave her husband and go to their apartment, they would arrest her too. The agents claimed that the State Department had revoked Khalil’s student visa, with one agent presenting what he claimed was a warrant on his cell phone. But Khalil, according to advocates, has a green card. Khalil’s wife went to their apartment to get the green card.

“He has a green card,” an agent apparently said on the phone, confused by the matter. But then after a moment, the agent claimed that the State Department had “revoked that too.”

Meanwhile, Khalil had been on the phone with his attorney, Amy Greer who was trying to intervene, asking why he was being detained, if they had a warrant, and explaining that Khalil was a green card holder. The attorney had circled back to demanding to see a warrant when the agents apparently instead hung up the phone.

Khalil was initially detained in Immigration and Customs Enforcement (ICE) custody in downtown New York, pending an appearance before an immigration judge. Greer said they now do not know his precise whereabouts. They were initially told he was sent to an ICE facility in Elizabeth, New Jersey. But when his wife tried to visit him, she was told he wasn’t there. They have received reports that he may be transferred as far away as Louisiana.

This feels like another bone-headed move — like the firing of FEMA workers who were dutifully helping try to claw back funds already granted to NYC and the attempted investigation of an EPA worker who didn’t do what a Project Veritas video suggested — which the Administration will engage in further corruption to try to defend, making it and the authoritarianism far worse.

People will be fired.

Explanations will be ret-coned.

And either they’ll have to let Khalil free or — more likely — the Trump Administration will attempt to find cause, possibly criminal charges, to attempt to hold him longer (he has, indeed, been located in Jena, Louisiana). Trump will rely heavily on War on Terror precedents that allow the Executive to scream “terror” and with that detain even Green Card holders.

As we wait for better answers about what happened to Khalil, right wingers have taken to Xitter to wave their dicks around.

Newly elected right wing Congressman Brandon Gill, for example, suggested that “maybe we shouldn’t tolerate foreigners seizing control of US academic buildings (while including a screen cap that said Khalil was not in the group that occupied the building).

Gill is calling for the government to take action against foreigners seizing academic buildings even as South African immigrant Elon Musk takes over Department of Education, doing far more damage than protestors did.

And Stephen Miller insisted that the US would send any foreigners sympathizing with terrorism home.

Of course, one of Miller’s chief allies, Elon Musk, routinely platforms people sympathizing with far right terrorism — indeed, he played a direct role in ginning up riots in the UK and elsewhere.

The basis of this crackdown are two executive orders, admittedly focused on schools rather than government contractors, using Title VI funding as a means to dictate what otherwise First Amendment protected entities enjoy. (Note that Khalil’s arrest is inconsistent with Trump’s decision to strip $400 million in funds from Columbia, which would suggest the university, not Khalil did something wrong.)

But it nevertheless remains true that, to the extent that Xitter is protected speech (it is! just like university campuses!), Trump’s EO envisions intervening when government contractors don’t do enough to combat antisemitism.

And compared to Columbia, Elon Musk has been downright solicitous of antisemitism.

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Five Ways Trump Is Sabotaging the United States

Yesterday, arguably for (at least) the second time, Trump declared fealty to Vladimir Putin.

As I contemplated the awful but in no way surprising developments (here’s a good podcast, featuring Marc Polymeropoulos, Doug Lute, and Rosa Brooks), I thought about the various ways Trump is sabotaging the United States, based on apparently different motivations.

But we only assume those motivations are different because we (or much of the legacy press, anyway) accept the claimed motivation Trump offers. When you look at all of them together, you simply can’t rule out they’re all part of the same effort to capitulate to Putin.

Project 2025

There’s a consensus that Trump is following the plan mapped out in Project 2025. This Politico report, from early February, laid out how Executive Orders Trump had signed implemented plans to attack diversity and LGBTQ protections, attack migrants, and protect disinformation. It focuses on fossil fuel plans that have mostly defunded renewable energy without raising fossil fuel exploitation (in part because it was already so high under Biden).

Even if that were the only thing going on or if that were really what was going on, it would raise real questions about foreign influence. Last year, Casey Michel mapped out how Viktor Orbán used the Heritage Foundation as a beachhead for his influence peddling in the US (which I discussed in this post on Trump’s attempt to distance himself from Project 2025).

While much attention has understandably focused on Heritage’s so-called “Project 2025,” which provides a roadmap for Trump to seize as much power as he can, such a shift has extended to foreign policy. This has been seen most especially in Heritage leading the effort to gut funding for Ukraine. But it’s also evident in the way Heritage has endeavored to anchor its relations with Orbán, making Budapest once more America’s preferred partner in Europe—regardless of the cost.

Much of that shift is downstream from Heritage’s leadership, overseen by Kevin Roberts. Appointed as Heritage’s president in 2021, Roberts immediately began remaking Heritage’s priorities with a distinctly pro-Orbán bent—and began opening up Heritage as a vehicle for Hungarian influence in the U.S.

Part of that involved things like last week’s confab, one of many meetings between Roberts and Orbán. (After one 2022 sit-down, Roberts—who, among other things, has said he doesn’t think Joe Biden won the 2020 election—posted that it was an “honor” to meet with Orbán, praising his “movement that fights for Truth, for tradition, for families.”) But the relationship is structural as well: Heritage finalized what they refer to as a ‘landmark’ cooperation agreement with the Danube Institute, a Hungarian think tank that appears to exist only to praise Orbán’s government.*

The Budapest-based Danube Institute is largely unknown in the U.S., but it has transformed in recent years into one of the premier mouthpieces for propagating Orbánist policies. While it is technically independent, it is, as Jacob Heilbrunn notes in his new book on the American right’s infatuation with dictators, located “next to the prime minister’s building and funded by Orbán’s Fidesz party.” Indeed, the Hungarian think tank is overseen by a foundation directly bankrolled by the Hungarian state—meaning that the Danube Institute is, for all intents and purposes, a state-funded front for pushing pro-Orbán rhetoric.

A spokesperson for the Heritage Foundation told The New Republic that their arrangements with the Danube Institute is “restricted to carrying out educational research and analysis, as well as related events—none of which involved any financial commitment from either party” and that “at no point did Heritage receive funds from or pass funds to the Danube Institute, the Hungarian government, or the prime minister’s office.”

The Danube Institute claims it is dedicated to “advocat[ing] conservative and national values and thinking,” which almost always ends up with the institute praising Orbán’s pronouncements. It has become, according to Hungarian journalists at Atlatszo, “one of the main tools of the Orbán government’s ideological expansion abroad”—and one of the “main vehicles” to “building a political network in the United States.

Christopher Rufo, the propagandist behind the demonization of trans people, has ties to the Danube Institute.

So even if this was just about implementing Project 2025, that would best be described as replacing American democracy with Orbanist authoritarianism — adopting the model from a key Putin puppet.

DOGE infiltration and destruction of US government

There have been a slew of stories about how DOGE provided cover for Russ Vought and Stephen Miller to implement Project 2025. Wired, for example, described how Stephen and his wife Katie, who is formally on the DOGE team, serve as gatekeepers to Elon and use Elon to carry out their dirty work.

Meanwhile, Stephen Miller has, along with Project 2025 coauthor and Office of Management and Budget director Russell Vought, became one of Musk’s closest allies in the administration, The New York Times reported earlier this month. WIRED has learned that the relationship is far closer, and more complicated, than has been previously known publicly.

In many ways, Musk’s targeting of federal agencies is perfectly in sync with the aims of Miller, who has championed DOGE’s work internally and even helped in making a lot of it possible. (In public, Miller has equated federal workers with “radical left Communists” and “criminal cartels.”) Still, sources tell WIRED that Trumpworld is more comfortable with Musk taking the heat for the recent federal cuts rather than the less famous—and, in their view, far less telegenic—Miller.

Yet through their actions so far, the Millers and Musk have developed a MAGA version of the Pet Shop Boys adage from the song “Opportunities (Let’s Make Lots of Money)”: You’ve got the brawn / I’ve got the brains. Stephen Miller’s knowledge of the federal apparatus, Katie Miller’s contacts on Capitol Hill, and the couple’s good standing among Trump loyalists, coupled with Musk’s relentless ambition and effectively infinite resources, made the scale of the DOGE government takeover possible. Musk is not the independent actor he’s often portrayed as and taken to be, in other words, but is rather carrying out actions essentially in concert with the man to whom the president has delegated much of the day-to-day work of governance.

“Stephen is kind of the prime minister,” one of three Republicans close to Trump and familiar with the situation tells WIRED. Another Republican familiar with the dynamic also used the term “PM” to describe Miller, short for prime minister. The implication is that Miller is carrying out the daily work of governance while Trump serves as head of state, focusing on the fun parts of being president.

But DOGE is going beyond the scope of Project 2025, and in ways that directly harm the United States.

Take the Project 2025 recommendations on USAID, the first target of DOGE. DOGE adopted the general theme of the Project 2025 chapter — that USAID had been used to implement a lot of radical plans. But the virtual elimination of USAID implemented last week goes well beyond Project 2025’s recommended reversal to 2019’s budget of $39.3 billion.

Project 2025 hailed Trump’s use of USAID to push for religious protection for Christians which — as I showed —  got shut down early along with everything else.

It promoted international religious freedom as a pillar of the agency’s work and built up an unprecedented genocide-response infrastructure.

It specifically called for greater reliance on local NGOs — and pointed to PEPFAR as a model.

Streamlining Procurement and Localizing the Partner Base. USAID is a grantmaking and contracting agency that disburses billions of dollars of federal funding in developing countries through implementing partners, such as U.N. agencies, international NGOs, for-profit companies, and local nongovernmental entities. In rare instances, such as in Jordan and Ukraine, the agency provides direct budget support to finance the operations of host-country governments. USAID far more often counts on expensive and ine!ective large contracts and grants to carry out its programs. It justifies these practices based on speed and a lower administrative burden on its institutional capacity.

[snip]

The President’s Emergency Plan for AIDS Relief (PEPFAR) has shown that localization at scale is possible within a short time span. Over the four years of the Trump Administration, the multibillion-dollar program increased the amount of funding disbursed to local entities from about 25 percent to nearly 70 percent with positive overall results. This model should be replicated across all of USAID.

But as declarations in various lawsuits repeat over and over, these local partners are not getting paid, and it’s destroying the credibility of the US (and rule of law).

11. Currently my mission has more than $30 million in unpaid invoices for 2 months of implementing partners’ work, with half of those past Prompt Payment Act due date (30 days) and incurring interest every day. If one were to extrapolate the numbers across all of the missions and USAID/Washington, given that annual USAID appropriation is $40 billion, the total dollar amount of unpaid invoices would certainly surpass $1billion at the most conservative estimate.

[snip]

13. Arbitrary withholding of due payments to U.S. and non-U.S. based partners does grave damage to the reputation and reliability of the U.S. government both domestically and internationally. USAID is a USG Agency which signed the contracts and grants in line with the Code of Federal Regulations and other statutes; USG refusal to pay for the past performed work and non-compliance with the TRO can shatter Americans’ certainty in the rule of law.

Rather than empowering local partners and capabilities, the quick decimation has devastated them — and left Americans still located overseas exposed to backlash.

USAID is just the most substantiated example of the sheer waste DOGE is creating. We’re seeing similarly stupid decisions in the firings of critical personnel (some of whom get hired back), but also the elimination of long-term maintenance or safety programs that will cost far more when those protections are gone.

Project 2025 envisioned stripping civil service protections and politicizing the bureaucracy. But with DOGE cuts, it’s not clear the bureaucracy can be rebuilt, even assuming the Heritage hires knew what they were doing. Meanwhile, the method of those cuts is more likely to elicit a backlash from judges, potentially even from the Supreme Court justices whom right wingers were counting on to bless all this.

And all that’s before you contemplate the possibility that Elon’s DOGE boys are doing something else with the data they’re accessing, or — intentionally or not — setting up backdoors via which adversaries can do so themselves.

Assume you were a true believer in Project 2025 (and not far greater authoritarianism). DOGE puts all that at risk, because by breaking so much so early, it is eliciting backlash and collapse of the economy.

The installation of useful idiots

It’s not just Elon who is making a mess. So are the other unqualified useful idiots Trump has installed — people like Pete Hegseth (who has fired three senior women officers after assuring Joni Ernst he wouldn’t target women) and Tulsi Gabbard (who parroted the same Russian propaganda she partly disavowed to get confirmed yesterday) and RFK Jr (who reneged on his promise not to cut off vaccine programs) and Kash Patel (who reneged on his promise to appoint a career FBI Agent as his Deputy).

These people are doing precisely the affirmative damage to the US that Democrats warned they would do — most obviously in RFK’s initial dismissal of the measles outbreak spreading from Texas to other states. And they’re doing it after years of parroting Russian propaganda.

The personalization of DOJ

We expected DOJ to be politicized in a second Trump term. I was even cynical enough to imagine that he would pardon all the January 6ers. The denialism about both Russia and January 6 were baked right into Project 2025.

  • The Federal Bureau of Investigation, knowing that claims of collusion with Russia were false,5 collaborated with Democratic operatives to inject the story into the 2016 election through strategic media leaks, falsified Foreign Intelligence Surveillance Act (FISA) warrant applications, and lied to Congress.6
  • Personnel within the FBI engaged in a campaign to convince social media companies and the media generally that the story about the contents of Hunter Biden’s laptop was the result of a Russian misinformation campaign—while the FBI had possession of the laptop the entire time and could have clarified the authenticity of the source.

[snip]

  • The FBI engaged in a domestic influence operation to pressure social media companies to report more “foreign influence” than the FBI was actually seeing and stop the dissemination of and censor true information directly related to the 2020 presidential election.11

But the personalization of DOJ, along with Pam Bondi’s orders to stop chasing foreign influence operations, does something more.

It effectively makes foreign bribery — as well as the kind of kickbacks we saw in advance of Trump’s inauguration — legal.

As I noted here, the SEC, for example, has paused its suit against Justin Sun. As Judd Legum describes, this follows the Chinese-linked businessman’s multi-million “investment” in Trump’s crypto currency.

In March 2023, the SEC charged Sun and three of his companies, accusing him of marketing unregistered securities and “fraudulently manipulating the secondary market” for a crypto token. The SEC accused Sun of wash trading, which involves buying and selling a token quickly to fraudulently manufacture artificial interest.

[snip]

Sun’s purchase put millions in Trump’s pocket. WLF was entitled to “$30 million of initial net protocol revenue” in a reserve “to cover operating expenses, indemnities, and obligations.” After the reserve was met, a company owned by Trump would receive “75% of the net protocol revenues.” Sun’s purchase covered the entire reserve. As of December 1, this amounted to $18 million for Trump — 75% of the revenues of all other tokens sold at the time. Sun also joined WLF as an advisor. While the purchase benefited Trump, WLF tokens are essentially worthless for Sun, as they are non-transferable and locked indefinitely.

Nevertheless, Sun has since invested another $45 million in WLF, bringing his total investment to $75 million. This means Sun’s purchases have sent more than $50 million to Trump, Bloomberg reported. Sun has also continued to shower Trump with praise. On January 22, Sun posted on X, “if I have made any money in cryptocurrency, all credit goes to President Trump.”

Once you’ve installed lawyers who publicly represent they are Trump’s lawyers, once you’ve ensured that no one friendly to Trump will be prosecuted for bribery, then Ukraine was bound to lose any negotiation with Russia. Russia has been dangling bribes in front of Trump for years and now they’ll be free to deliver in plain sight.

And Trump has never placed his own self interest behind the interests of the United States.

The capitulation to Russia

Keep all that in mind as you consider Trump’s abject capitulation yesterday.

Keep in mind that even before yesterday’s ambush of Zelenskyy, Pete Hegseth ordered Cyber Command to stand down any targeting of Russia.

Defense Secretary Pete Hegseth last week ordered U.S. Cyber Command to stand down from all planning against Russia, including offensive digital actions, according to three people familiar with the matter.

Hegseth gave the instruction to Cyber Command chief Gen. Timothy Haugh, who then informed the organization’s outgoing director of operations, Marine Corps Maj. Gen. Ryan Heritage, of the new guidance, according to these people, who spoke on the condition of anonymity because of the matter’s sensitivity.

The order does not apply to the National Security Agency, which Haugh also leads, or its signals intelligence work targeting Russia, the sources said.

CISA, too, has taken its focus off of Russia, something that risk grave damage to private companies as well as the government.

Liesyl Franz, deputy assistant secretary for international cybersecurity at the state department, said in a speech last week before a United Nations working group on cybersecurity that the US was concerned by threats perpetrated by some states but only named China and Iran, with no mention of Russia in her remarks. Franz also did not mention the Russia-based LockBit ransomware group, which the US has previously said is the most prolific ransomware group in the world and has been called out in UN forums in the past. The treasury last year said LockBit operates on a ransomeware-as-service model, in which the group licenses its ransomware software to criminals in exchange for a portion of the paid ransoms.

In contrast to Franz’s statement, representatives for US allies in the European Union and the UK focused their remarks on the threat posed by Moscow, with the UK pointing out that Russia was using offensive and malicious cyber-attacks against Ukraine alongside its illegal invasion.

“It’s incomprehensible to give a speech about threats in cyberspace and not mention Russia and it’s delusional to think this will turn Russia and the FSB [the Russian security agency] into our friends,” said James Lewis, a veteran cyber expert formerly of the Center for Strategic and International Studies think tank in Washington. “They hate the US and are still mad about losing the cold war. Pretending otherwise won’t change this.”

The US policy change has also been established behind closed doors.

A recent memo at the Cybersecurity and Infrastructure Security Agency (Cisa) set out new priorities for the agency, which is part of the Department of Homeland Security and monitors cyber threats against US critical infrastructure. The new directive set out priorities that included China and protecting local systems. It did not mention Russia.

A person familiar with the matter who spoke to the Guardian on the condition of anonymity said analysts at the agency were verbally informed that they were not to follow or report on Russian threats, even though this had previously been a main focus for the agency.

The person said work that was being done on something “Russia-related” was in effect “nixed”.

And, again, this happened before the ambush yesterday.

Eight years ago, as Mueller’s prosecutors started to focus on Roger Stone’s possible implication in a hacking conspiracy with Russia, Trump declared that he was going to partner with Putin; Russia and the US would jointly guard things like elections.

Now, Trump has chosen to unilaterally disarm.

Yesterday, Roger Sollenberger unpacked the Gitub of one of Elon’s boys, Jordan Wick.

 

In addition to his AI start-up, AccelerateX (which Wired wrote about), Wick has been fiddling with:

  • Tracking government employees by union status
  • Downloading Xitter DMs
  • Identifying open source data on submarine cables, ports, and mineral deposits

Sure, the utility of some of that — tracking union status — maps right onto the Project 2025 plans DOGE is purportedly implementing, even if that, plus the DM download, raise grave concerns about privacy.

But the submarine cables too?

Even as Donald Trump has made his fealty to Putin clear, even as his Director of National Intelligence parrots Russian disinformation (protected now by the FBI), Elon Musk has been vacuuming up all the data of all the government. And every claim that he’s been modernizing networks or searching for fraud have fallen apart.

At this point, we simply cannot rule out deliberate wholesale sabotage.

Update: Thought I’d repost what I wrote in December in response to Kimberly Strassel complaining about Trump’s useful idiot picks.

But I don’t doubt that the rat-fucker wing of Trump’s advisory team believes that Bobby and Tulsi do accomplish something. The question is whether some really smart politicos believe it’ll be a good thing to kill children and give dictators America’s secrets and let the richest men in the world destroy America’s banking system and the dollar exchange — whether they believe this will win lasting approval from America’s great disaffected masses. It might well! It certainly will expand the pool of disaffected Americans, and with it, increase the market for a strong man to respond to it all.

Or whether there’s some reason Trump is tempting Republican Senators to defy his plans to do great damage to the United States. Perhaps he intends to dare them to start defying him in bulk.

Or perhaps the rat-fucker wing of Trump’s entourage simply has an unknown reason they want to destroy America. Maybe Trump has other election debts — debts he’d get in more trouble for ignoring — that make him amenable to dropping policy bomb after policy bomb on America’s children.

But that’s sort of the point. You’ve got Kimberly Strassel up in arms because Trump is going to the mat for a conspiracist with a Democratic name who’ll get children killed. But it’s more likely to do with the policy bombs that RFK will help Trump drop than the specific conversations that led Bobby Jr to drop out of the race.

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Trump Stewing because of Lies Stephen Miller Fed Him During the Campaign

Thus far, Trump’s biggest success on immigration in his second term has been to claim credit — twice! — for things that Sleepy Joe Biden did, in one case years ago.

He threatened sanctions on Colombia, only to agree to let Colombian President Gustavo Petro send planes to fetch deportees, sometimes in Colombian military planes, rather than receive them in US military planes.

He threatened sanctions on Mexico, only to boast after Claudia Sheinbaum committed to put 5,000 fewer Mexican troops on the border than are already there, the same 10,000 that Biden obtained years ago.

He threatened sanctions on Canada, only to boast that Justin Trudeau agreed to the same $1.3 billion in investments to counter fentanyl trafficking he put in place in December.

As for his efforts to round up and deport migrants in the US? Almost two weeks ago, I noted that the quotas ICE introduced to try to boost the deportation numbers fell wildly short of delivering the deportations Trump had promised his rubes, to say nothing of the way those quotas will lead to deportation of non-criminal migrants instead of the violent criminals Trump claims to be targeting. Almost two weeks ago, Trump’s flunkies confessed they would never be able to meet his promises for mass deportation.

The fate of a highly publicized raid in Aurora last week is a spectacular case in point.

On Thursday, shortly after the raid, the Fox News propagandist whose job it is to stoke fear about migration, Bill Melugin, first celebrated the “massive” raid, only later to reveal the raid had resulted in far fewer arrests than promised and just one arrest of a Tren de Aragua member. ICE immediately blamed its failure to detain more people on leaks.

That same day, Tom Homan announced he may have to halt the kind of embed ICE has been all too happy to give Melugin, because of leaks or operational security; he did not say that truthful reports to Fox viewers about his failures gets him in trouble with the boss. Tom Homan can’t afford to have Trump know that this massive raid found only a single Tren de Aragua member.

The raid focused on an apartment complex that had been the focus of a wildly propagandistic Trump campaign event headlined by Stephen Miller last year.

Both reporting sympathetic to migrants and that of mainstream outlets describes what actually happened, why the raid failed to lead to the number of arrests Trump promised: Heavily armed officers swarmed the building and knocked on every door, but after residents didn’t open up, they finally left. (Update: Elevating this really good account of the raid GinnyRED57 put in comments.)

Heavily armed federal agents raided apartment buildings across metro Denver early Wednesday in a search for Venezuelan gang members and other migrants under the Trump administration’s mass deportation effort targeting major cities.

At least two dozen officers carrying high-powered weapons stormed several complexes before sunrise. In some cases, they were backed by large, military-style vehicles.

The Department of Homeland Security said on social media that it was targeting 100 members of the Venezuelan gang Tren de Aragua for arrest and detention. It did not say how many people were taken into custody.

The operation included officers from Immigration and Customs Enforcement; the FBI; the Drug Enforcement Administration; and the Bureau of Tobacco, Alcohol, Firearms and Explosives.

[snip]

At an apartment complex in Denver, a 31-year-old Venezuelan man said that shortly after 5 a.m., ICE agents and other federal officers began yelling and loudly banging on every door.

The man, who asked that his name be withheld because he was afraid of being deported, said residents discreetly peered out their windows as large trucks and unmarked vehicles entered the parking lot.

Several residents said eight people were arrested at the complex.

People “hid with fear,” “didn’t open their doors” and remained “quiet without saying anything,” he said after all the agents had left.

In other words, while ICE had a few specific targets, they had no warrants for the vast majority of residences. They just kept knocking and knocking and knocking. And because the residents knew their rights, they didn’t open up.

It’s probably no surprise that this story from NBC is coming out days after the flopped Aurora raid. Trump is angry that his deportation numbers are falling so far short of what he promised his supporters.

Agents at Immigration and Customs Enforcement are under increasing pressure to boost the number of arrests and deportations of undocumented immigrants, as President Donald Trump has expressed anger that the amount of people deported in the first weeks of his administration is not higher, according to three sources familiar with the discussions at ICE and the White House.

A source familiar with Trump’s thinking said the president is getting “angry” that more people are not being deported and that the message is being passed along to “border czar” Tom Homan, Homeland Security Secretary Kristi Noem, White House Deputy Chief of Staff Stephen Miller and acting ICE Director Caleb Vitello.

“It’s driving him nuts they’re not deporting more people,” said the person familiar with Trump’s thinking.

[snip]

Meanwhile at ICE, Vitello told agents in January to aim to meet a daily quota of 1,200-1,400 arrests. According to numbers ICE has posted on X, the highest single day total since Trump was inaugurated was just 1,100, and the number has fallen since that day. On Tuesday of this week, arrests of immigrants were over 800, according to a source familiar with the numbers. But last weekend, there were only about 300 arrests, another source told NBC News.

In order to fulfill Trump’s Inauguration Day promise of “millions and millions” of deportations, the Trump administration would have to be deporting over 2,700 immigrants every day to reach 1 million in a year.

And, as NBC News has reported, arrests do not always equal immediate detentions, much less deportations. Of the more than 8,000 immigrants arrested in the first two weeks of the Trump administration, 461 were released, according to the White House.

Of course Trump is pissed that his biggest immigration success so far was stolen from Sleepy Joe Biden.

Of course Tom Homan is pissed that he can’t deliver what he promised.

Of course ICE is squirmy because even if they could meet their quotas — even if those migrants in Aurora, CO against whom ICE had no probable cause of a crime willingly opened their doors so ICE could arrest and deport them — the number of deportees would still fall far short of Trump’s goal.

But this all arises from the false expectations set during the election — from the lies Stephen Miller told, over and over and over and over and over, about the number of criminal migrants.

Trump is furious that his thugs can’t fulfill his promises. But those failures arise not through want of trying. Rather, those failures stem from the fact that reality in no way matches the hellhole Miller pitched for Trump, the imaginary hellhole Miller used to get voters afraid enough to vote for Trump.

Trump has redirected virtually all instruments of US national security to chase Stephen Miller’s lies. Not only is it going to lead to ongoing fury from the Boss, because reality will never match the propaganda Miller spun. But by neglecting the things that really do pose much more urgent threats — by destaffing investigations into real terrorists or operations to counter real ransomware attacks — Trump leaves America vulnerable in myriad ways.

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Stephen Miller Claimed Elon Musk Was the One Elected in November

Yesterday, Stephen Miller RTed a propagandist’s attack on Jamie Raskin, in which he reframed Raskin’s legal points — that Congress has the power of the purse, that Elon Musk cannot eliminate agencies created by Congress — by suggesting they were an attack on DOGE’s [sic] efforts to “eliminat[e] waste and fraud.”

Miller suggested Democrats — defending the Constitution — hate democracy, because (Miller said) “voters have the right to elect a president to drain the permanent unelected DC swamp.”

With his RT, the Deputy Chief of Staff of Donald Trump’s White House suggested Elon had been elected.

Elon. Not Trump.

According to Politico, propagandists were posting this argument on Xitter, with Elon RTing them to assert his own legitimacy.

On X, Musk reposted accounts arguing Americans voted for Musk to play a major role in the Trump administration.

But there’s a big difference between Draino and Eric Daugherty suggesting that Elon, not Trump, was elected, and Stephen Miller doing so.

Meanwhile, this NYT article suggests that the White House isn’t in control of what Elon is doing.

Senior White House staff members have at times also found themselves in the dark, according to two officials, who spoke on the condition of anonymity to describe sensitive discussions. One Trump official, who was not authorized to speak publicly, said Mr. Musk was widely seen as operating with a level of autonomy that almost no one can control.

[snip]

This time, however, he carries the authority of the president, who has bristled at some of Mr. Musk’s ready-fire-aim impulses but has praised him publicly.

“He’s a big cost-cutter,” Mr. Trump told reporters on Sunday. “Sometimes we won’t agree with it and we’ll not go where he wants to go. But I think he’s doing a great job. He’s a smart guy.”

[snip]

Several former and current senior government officials — even those who like what he is doing — expressed a sense of helplessness about how to handle Mr. Musk’s level of unaccountability. At one point after another, Trump officials have generally relented rather than try to slow him down. Some hoped Congress would choose to reassert itself.

Mr. Trump himself sounded a notably cautionary note on Monday, telling reporters: “Elon can’t do and won’t do anything without our approval. And we’ll give him the approval where appropriate, where not appropriate, we won’t.”

“If there’s a conflict,” he added, “then we won’t let him get near it.”

It depicts a fight that — last week — was pitched as proof that Chief of Staff Susie Wiles had managed to limit Elon’s access to Trump by denying him an office in the West Wing as instead, at least as Elon tells it, a concession about office size.

At one point, Mr. Musk sought to sleep over in the White House residence. He sought and was granted an office in the West Wing but told people that it was too small. Since then, he has told friends he is reveling in the trappings of the opulent Secretary of War Suite in the Eisenhower Executive Office Building, where he has worked some days.

And amid all that, it notes Elon’s ties to Miller, linking a story that focuses on immigration, not destroying government.

He has a close working relationship with Mr. Trump’s top policy adviser, Stephen Miller, who shares Mr. Musk’s contempt for much of the federal work force.

Now, for all its star power, this is not the article you should read to find out what’s going on in the agencies. Wired has, generally, been leading the pack on that front, having IDed the boys Elon has installed, confirmed one of those boys has control over Treasury’s payment systems, recorded the Musk boys’ platitudes about AI, and found that even after PEPFAR was exempted from USAID cuts, it remains unfunded. And if you want to understand where access by these boys to the government’s HR records will lead, read Mike Masnick.

But I want to compare the impotence portrayed by NYT — the refashioning of the office space fight, the anonymous confirmation that few if anyone in the White House know what Elon’s doing, the on the record quotes from a clueless Trump, a lying Karoline Leavitt, and … from Stephen Miller’s spouse, Katie, who has been installed in Elon’s group, that nothing will go wrong here — with the relative success of the two billionaires’ days yesterday.

Trump got his ass handed to him.

After promising big tariffs on our closest trading partners yesterday, he twice announced one month delays on the tariffs, tied to concessions that “Sleepy Joe Biden” actually negotiated, in one case four years ago. Worse still, both Claudia Sheinbaum and Justin Trudeau beat Trump to the microphone, and in Canada’s case, their Ambassador showed up on Fox News to make it clear Canada already agreed to the things Trump was hailing as a big concession, while Biden was still President. Better yet, some journalists have learned the lesson of the Colombia “negotiation,” in which the same thing happened. Leavitt’s lies about concessions may get less and less effective, moving forward, each time she tries to claim that Trump is some great dealmaker.

I suspect that between the time Trump announced tariffs and the time he capitulated, Senators and possibly even Rupert Murdoch told him how insane the tariffs were. I further suspect that these discussions involved a quid pro quo, perhaps tying a Susan Collins vote for Tulsi Gabbard, for example, in exchange for a reversal on tariffs that might affect Maine.

However Trump was talked off that cliff, he got his ass handed to him.

He didn’t even entirely succeed at claiming this was a fight over immigration and fentanyl trafficking, when that excuse was obvious bullshit as it pertains to Canada.

The one bright spot of his day was making a big announcement about a Sovereign Wealth Fund, yet another piece of paper Stephen Miller handed him to sign, probably, but a promise that, like the plan to annex Canada and purchase Greenland, remains unfunded and undiscussed in heated talks in the House and Senate about how to do reconciliation.

As I suggested Friday, so long as Stephen Miller keeps handing Trump papers to sign, he seems content to imagine he’s the President.

Meanwhile, Elon did succeed in getting the Trump-whisperers at NYT to accept that his attack on bureaucracy, which started with an agency with a $40 billion budget, 1% of government expenditures, and has never glanced at the agency with an $800 billion budget that has never passed an audit.

Mr. Musk has told Trump administration officials that to fulfill their mission of radically reducing the size of the federal government, they need to gain access to the computers — the systems that house the data and the details of government personnel, and the pipes that distribute money on behalf of the federal government.

Mr. Musk has been thinking radically about ways to sharply reduce federal spending for the entire presidential transition. After canvassing budget experts, he eventually became fixated on a critical part of the country’s infrastructure: the Treasury Department payment system that disburses trillions of dollars a year on behalf of the federal government.

Mr. Musk has told administration officials that he thinks they could balance the budget if they eliminate the fraudulent payments leaving the system, according to an official who discussed the matter with him. It is unclear what he is basing that statement on. The federal deficit for 2024 was $1.8 trillion. The Government Accountability Office estimated in a report that the government made $236 billion in improper payments — three-quarters of which were overpayments — across 71 federal programs during the 2023 fiscal year.

[snip]

In private conversations, Mr. Musk has told friends that he considers the ultimate metric for his success to be the number of dollars saved per day, and he is sorting ideas based on that ranking.

“The more I have gotten to know President Trump, the more I like him. Frankly, I love the guy,” Mr. Musk said in a live audio conversation on X early Monday morning. “This is our shot. This is the best hand of cards we’re ever going to have.”

This is ridiculous garbage, as are Elon’s daily claims of money he has saved (which NYT accedes elsewhere). You’re not going to eliminate the deficit by shutting down USAID. You will, however, cut off a lot of funding to Ukraine, with Russia laughing gleefully as it watches. As Elon moves onto reviewing individual employees, you’ll cut off employees who’ll have to be replaced by more expensive contractors.

You won’t cut spending appreciably.

Nothing Elon is doing will balance the budget. Nothing Elon is doing will make government more efficient. Hell, his AI boys can’t even tell the difference between a condom and a hospital, and as a direct result, Trump keeps making transparently bogus claims about Gaza funding.

But as we try to get a sense of where the attacks on democracy are coming from, it’s worth noting that the first thing that happened — before the Senate installed one after another of Trumps’ wildly unqualified nominees, and before Congressional Republicans have decided how to defund government themselves — Elon has gone in and started changing code at government agencies, and done so with feeble claims of approval from the White House.

Meanwhile, people who seem to answer to Miller — people like Acting DC US Attorney Ed Martin, one of three January 6 insurrectionists salted through government so far — appear to be working for Elon, not Trump.

Update, February 5: Both NBC and Atlantic are reporting that Susie Wiles claims to be in charge of what Elon is doing.

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Mark Zuckerberg Agrees to Turn Meta [Back] into a Pogrom Machine

According to WSJ, Meta has agreed to pay $25 million to lose the frivolous lawsuit Trump launched after Facebook exercised its prerogative under the First Amendment not to platform Trump’s insurrection anymore in 2021.

Meta Platforms has agreed to pay roughly $25 million to settle a 2021 lawsuit that President Trump brought against the company and its CEO after the social-media platform suspended his accounts following the attack on the U.S. Capitol that year, according to people familiar with the agreement.

Of that, $22 million will go toward a fund for Trump’s presidential library, with the rest going to legal fees and the other plaintiffs who signed on to the case. Meta won’t admit wrongdoing, the people said. Trump signed the settlement agreement Wednesday in the Oval Office.

A Meta spokesman confirmed the settlement.

[snip]

Trump’s Facebook and Instagram accounts were suspended in 2021 because of posts he made around Jan. 6, 2021, when a mob stormed the Capitol building. In the days leading up to the attack and on Jan. 6, he repeatedly used the platforms to make false claims that he won the 2020 election and alleged widespread election fraud that was denied by the administration’s top election-security experts and attorneys.

Zuckerberg, at the time, said the risks of the president’s using the social-media platforms during that period “are simply too great” and then paused the president’s accounts for two weeks. The pause was subsequently lengthened.

Most people — including Elizabeth Warren, in the WSJ story — are focusing on how this is effectively a bribe, a $22 million donation (on top of the earlier $1 million one) trading for regulatory favors. It is. Trump continues to engage in unprecedented corruption in plain sight.

But it is more than that. The concession of the settlement implies that Facebook should not have banned Trump for using their platform to incite an insurrection, though it admits no wrong-doing.

I have repeatedly argued that if Twitter, along with Facebook, had not shut down Trump’s account after January 6, there was a good chance that Joe Biden would never have been inaugurated.

Mark Zuckerberg’s capitulation makes it far less likely Meta will do the same thing — take action against Trump’s account to prevent him from stoking ongoing violence — again. It makes it virtually certain that Meta will not police inciteful content involving Trump without buy-in from the top, from Zuck.

And that, along with Meta’s earlier capitulations to Stephen Miller to rejigger its algorithms to allow transphobic and other dehumanizing speech — which experts predicted would lead to the kind of violence Facebook fostered in Myanmar — means that when Trump next uses these platforms to incite violence, he’s far less likely to be shut down.

Heck, John Roberts has even provided guidelines to Trump on how to ensure such incitement will be an official act and therefore immune from any future prosecution. Trump simply needs to involve his top aides — someone like Stephen Miller — in crafting a post, and Trump will be able to say that John Roberts told him that Trump never goes to prison for it.

Stephen Miller has, for some time, been laser focused on re-weaponizing social media. He is suspected to be the one who pitched Musk on bringing “the boss himself, if you’re up for that!” back onto Xitter.

Then, last summer, Miller attempted to intervene in Trump’s document case when Jack Smith asked Aileen Cannon to prevent Trump from falsely claiming the FBI tried to assassinate him because it issued routine use of force guidelines for the search of Mar-a-Lago. Miller argued that Trump’s false claims on social media about the FBI — earlier ones of which had already led to a violent attack on the FBI — were not incitement and constituted important speech for the election.

The only possible constitutional exception to free speech the government has identified is incitement. But it cannot rely on that exception to justify infringing President Trump’s rights. President Trump has not engaged in speech that “prepare[s] a group for violent action [or] steel[s] it to such action.” Brandenburg, 395 U.S. at 448. It cannot be said that by merely criticizing—or, even as some may argue, mischaracterizing—the government’s actions and intentions in executing a search warrant at his residence, President Trump is advocating for violence or lawlessness, let alone inciting imminent action. The government’s own exhibits prove the point. See generally ECF Nos. 592-1, 592-2. 592-3, 592-5. The government presents no evidence that President Trump advocated a violent attack or other lawless action against the Department of Justice, the FBI, President Biden, this Court, any witness, or any other person. Much less has the government proved a call to arms or any request, demand, instruction, or implication that supporters should violate any law.

And all this is happening after Trump pulled the security detail from several people — most notably Anthony Fauci and Mark Milley — who’ve long been targeted, the latter by Iranian terrorists as well as Trump’s people. Indeed, one of the attacks Smith focused on in his successful DC bid for a gag was Trump’s attack suggesting Milley should be executed.

This is not just about eliciting a bribe for regulatory favors. It is not just about winning an argument about actions taken four years ago to halt an insurrection in process.

The entire lawsuit is about an ongoing chilling effect. And Zuck’s capitulation is a capitulation to that chill, a soft commitment that the next time Trump uses social media to launch his mob against vulnerable targets like trans people or legal Haitian immigrants, against co-equal branches of government in Congress or the courts, or against his select targets like Milley, Meta will do nothing to slow the mob.

For years, Stephen Miller has been perfecting the use of social media to sow fascism. And he just cowed one of the richest men in the world to make it a more effective tool for fascism.

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Stephen Miller Confesses that Trump Lied about Immigrants

After getting caught boasting last week because ICE was detaining the same number of people as Joe Biden’s Administration, the Administration has now imposed quotas — demanding that ICE arrest up to 1,500 migrants a day, which WaPo may have been the first to report.

Johnny Maga, a far right propagandist who never tires of looking like a stupid idiot, reported that with great excitement. Quotas!!!

Not so Stephen Miller. He got pissy that WaPo described, in both the subhed and in paragraph after paragraph of the report, that this will lead ICE to arrest non-criminals. Here’s how WaPo described the problem.

The orders significantly increase the chance that officers will engage in more indiscriminate enforcement tactics or face accusations of civil rights violations as they strain to meet quotas, according to current and former ICE officials.

[snip]

Neither ICE nor Homan responded to requests for comment. After an earlier version of this article was published, White House press secretary Karoline Leavitt said in an email that, “your story is false,” but did not reply when asked for specifics.

[snip]

But Paul Hunker, a former ICE chief counsel in Dallas, said arresting serious offenders takes time, staff and planning — more time than quotas might allow.

“Quotas will incentivize ICE officers to arrest the easiest people to arrest, rather than the people that are dangerous noncitizens,” said Hunker, who, as the agency’s chief counsel in Dallas, oversaw offices in North Texas and Oklahoma from 2003 through January 2024.

Fox, in its story lifting the WaPo story (with attribution but not a link), instead provided paragraph after paragraph providing excuses.

As CATO reported recently, this is what happened last time: Trump focused so much on asylum seekers, he left criminal aliens to roam free.

Candidate Trump’s “mass deportation” agenda will make the country less safe in two significant ways. First, it would remove a population that is less likely to commit crimes, ultimately making America’s neighborhoods less safe. For instance, Cato’s research has shown that both legal and illegal immigrants are nearly half as likely to commit crimes for which they are incarcerated in the United States. With unique data from Texas, we have found that immigrants—both legal and illegal—are less likely to commit homicides. Numerous studies have also found that immigration is linked to lower crime rates, homicide rates, and drug-related deaths.

The second problem with mass deportation is just as significant: it would shift focus away from the removal of immigrants who do commit crimes. Noncitizens who commit serious crimes should be prosecuted to the fullest extent of the law and deported. Whatever amount the government spends on immigration enforcement, it should spend on detaining and removing this small minority of individuals. Donald Trump claims that he did that, but the facts tell a different story regarding his record on migrant criminals:

  • On his fourth day in office, Trump signed an executive order rescinding Obama-era policies that prioritized the detention and removal of serious public safety threats;
  • Within a few months, his administration was secretly separating families, using prosecutorial resources to jail migrant parents and focusing resources on visa overstays, not serious criminals;
  • During the height of family separation, Trump deprioritized prosecuting migrants with criminal histories to instead spend resources on separating families;
  • While Trump poured resources into detaining asylum seekers, he also released nearly 58,184 noncitizens with criminal records, including 8,620 violent criminals and 306 murderers;
  • ICE ended up (re)arresting nearly 11,000 noncitizens who entered under Trump and were convicted of non-immigration crimes, including rape and murder; and
  • Trump’s policies incentivized migrant criminals to enter, triggering a threefold increase in the number of convicted criminals attempting to cross the border illegally.

Miller predictably is already trying to spin the civil violation of illegal entry into a crime, to say nothing of paying Social Security that you’ll never get in return as a tax crime.

Which is what two experts told Axios would happen: Miller would have to falsely claim a larger pool of migrants are criminals because he falsely told stupid Trump voters there were more criminal aliens during the election.

What they’re saying: “There are not millions of people with criminal records to deport,” Nicole Hallett, director of the Immigrants’ Rights Clinic at the University of Chicago, tells Axios.

  • Trump “keeps trying to bullsh-t with the public that there are all these particularly serious so-called criminals. There aren’t enough of those people to exist to be 1 million,” Karen Tumlin, director of the immigrant legal advocacy group Justice Action Center, tells Axios.
  • Both Hallett and Tumlin expect Trump to begin calling all undocumented immigrants “criminals” in order to say millions of criminals could be deported.

Remember, during the election Trump and Miller falsely claimed there were over 400,000 criminal aliens wandering around, when that stat primarily counts the number of people who are already safely housed in US prisons.

Former President Donald Trump is wildly distorting new statistics on immigration and crime to attack Vice President Kamala Harris.

Trump falsely claimed Friday and Saturday that the statistics are specifically about criminal offenders who entered the US during the Biden-Harris administration; in reality, the figures are about offenders who entered the US over multiple decades, including during the Trump administration. And Trump falsely claimed that the statistics are specifically about people who are now living freely in the US; the figures actually include people who are currently in jails and prisons serving criminal sentences.

“Kamala should immediately cancel her News Conference because it was just revealed that 13,000 convicted murderers entered our Country during her three and a half year period as Border Czar,” Trump wrote in one post on Friday, the day Harris visited the southern border in Arizona. Harris “allowed almost 14,000 MURDERERS to freely and openly roam our Country,” Trump wrote in another Friday post. They “roam free to KILL AGAIN,” he wrote, escalating his rhetoric, on Saturday.

Facts FirstTrump’s claims are false in two big ways. First, the statistics he was referring to are not specifically about people who entered the country during the Biden-Harris administration. Rather, those statistics are about noncitizens who entered the country under any administration, including Trump’s; were convicted of a crime at some point, usually in the US after their arrival; and are now living in the US while being listed on Immigration and Customs Enforcement’s “non-detained docket” — where some have been listed for years, including while Trump was president, because their country of citizenship won’t let the US deport them back there. Second, that ICE “non-detained” list includes people who are still serving jail and prison sentences for their crimes; they are on the list because they are not being held in immigration detention in particular.

The new statistics, released by ICE in a letter to a Republican congressman this week, said there were 425,431 total convicted criminals on the non-detained docket as of July 21, 2024, including 13,099 people with homicide convictions.

Trump lied to his rubes, with the able assistance of his chief racism advisor. And now he’s struggling to assure his supporters he’ll deliver the eye-popping numbers he promised.

Which is why I’m laughing so hard at Johnny Maga.

Because even if Trump meets these quotas — quotas which will end up focusing on the law-abiding migrants rather than the dangerous people Miller has been wailing about — he’ll only deport 547,500 people this year, nowhere close to the mass deportations he sold his rubes.

You all lied. You lied and lied and lied to make voters afraid.

And already on day 8, you’re spinning wildly rather than simply admitting you cynically lied to gin up fear to get Trump elected.

Update: Greg Sargent discussed this at length in his podcast today.

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The Stephen Miller EOs

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.

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Machine for Fascism: The Two Stephens

When I saw the news that Trump is planning a rally at Madison Square Garden — as the Nazis did in 1939 — I checked the date to see whether that was before or after Steve Bannon gets out of prison.

Bannon is due to get out on October 29; the rally is two days earlier, on October 27. On the current schedule, Bannon will be released nine days before the election, but not soon enough to attend what will undoubtedly be a larger version of the Nazi rant that Trump put on in Aurora the other day. Unless something disrupts it, Bannon will start trial for defrauding Trump supporters on December 9, days before the states certify the electoral vote.

This is the kind of timing I can’t get out of my head. According to FiveThirtyEight, Kamala Harris currently has a 53% chance of winning the electoral college. That’s bleak enough. But based on everything I know about January 6, I’d say that if Trump loses, there’s at least a 10% chance Trump’s fuckery in response will have a major impact on the transfer of power.

Experts on right wing extremism are suggesting the same thing. Here’s an interview Rick Perlstein did with David Neiwert back in August on the political violence he expects. Here’s a report from someone who infiltrated the 3 Percenters, predicting they would engage in vigilanteism.

Will Jack Smith unveil charges about inciting violence amid election violence?

As I wrote in this post, I suspect that Jack Smith considered, but did not, add charges when he decided to supersede Trump’s January 6 indictment. As I wrote, there is negative space in Smith’s immunity filing where charges on Trump’s funding for January 6 (and subsequent suspected misuse of those funds) might otherwise be.

More tellingly, there are four things that indicate Jack Smith envisioned — but did not yet include — charges relating to ginning up violence. As Smith did in a 404(b) filing submitted in December, he treated Mike Roman as a co-conspirator when he exhorted a colleague, “Make them riot” and “Do it!!!” Newly in the immunity filing, he treated Bannon as a co-conspirator, providing a way to introduce Steve Bannon’s prediction, “All Hell is going to break loose tomorrow!” shortly after speaking with Trump on January 5.  But Smith didn’t revise the indictment to describe Roman and Bannon as CC7 and CC8; that is, he did not formally include these efforts to gin up violence in this indictment. What appears to be the same source for the Mike Roman detail (which could be Roman’s phone, which was seized in September 2022; in several cases it has taken a year to exploit phones seized in the January 6 investigation) also described that Trump adopted the same tactic in Philadelphia.

The defendant’s Campaign operatives and supporters used similar tactics at other tabulation centers, including in Philadelphia, Pennsylvania,21 and the defendant sometimes used the resulting confrontations to falsely claim that his election observers were being denied proper access, thus serving as a predicate to the defendant’s claim that fraud must have occurred in the observers’ absence.22

Even more notably, after saying (in that same December 404(b) filing) that he wanted to include Trump’s endorsement and later ratification of the Proud Boys’ attack on the country to “demonstrate[] the defendant’s encouragement of violence,” Smith didn’t include them in the immunity filing whatsoever — not even in the section where the immunity filing described Trump’s endorsement of men who assaulted cops. If I’m right that Smith held stuff back because SCOTUS delayed his work so long it butted into the election season, it would mean he believes he has the ability to prove that Trump deliberately stoked violence targeting efforts to count the vote at both the state and federal level, but could not lay that out until after November 5, after which Trump may be in a position to dismiss the case entirely.

And the two Stephens — Bannon, whose War Room podcast would serve to show that Trump intended to loose all Hell on January 6, and Miller, who added the finishing touches to Trump’s speech making Mike Pence a target for that violence — appear to have a plan to do just that, working in concert with Elon Musk.

The two Stephens say Trump must be able to stoke violence with false claims as part of his campaign

As I laid out in June, just as Bannon was reporting to prison, both Stephens were arguing that they had a right to make false claims that had the effect of fostering violence.

Bannon filed an emergency appeal aiming to stay out of prison arguing he had to remain out so he could “speak[] on important issues.”

There is also a strong public interest in Mr. Bannon remaining free during the run-up to the 2024 presidential election. The government seeks to imprison him for the four-month period immediately preceding the November election—giving an appearance that the government is trying to prevent Mr. Bannon from fully assisting with the campaign and speaking out on important issues, and also ensuring the government exacts its pound of flesh before the possible end of the Biden Administration.

No one can dispute that Mr. Bannon remains a significant figure. He is a top advisor to the President Trump campaign, and millions of Americans look to him for information on matters important to the ongoing presidential campaign. Yet from prison, Mr. Bannon’s ability to participate in the campaign and comment on important matters of policy would be drastically curtailed, if not eliminated. There is no reason to force that outcome in a case that presents substantial legal issues.

That claim came just after he had given a “Victory or Death” speech at a Turning Point conference.

In the same period, Stephen Miller attempted to intervene in Jack Smith’s efforts to prevent Trump from making false claims that the FBI tried to assassinate him when they did a search of his home governed by a standard use-of-force policy, knowing full well he was gone. (Aileen Cannon rejected Miller’s effort before she dismissed the case entirely.)

Miller argued that the type of speech that Smith wanted to limit — false claims that have already inspired a violent attack on the FBI — as speech central to Trump’s campaign for President.

The Supreme Court has accordingly treated political speech—discussion on the topics of government and civil life—as a foundational area of protection. This principle, above all else, is the “fixed star in our constitutional constellation[:] that no official, high or petty, can prescribe what shall be orthodox in politics[ or] nationalism . . . or force citizens to confess by word or act their faith therein.” W. Va. State Bd. of Educ. v. Barnette, 319 U.S. 624, 642 (1943) (Jackson, J.). Therefore, “[d]iscussion of public issues and debate on the qualifications of candidates” are considered “integral” to the functioning of our way of government and are afforded the “broadest protection.” Buckley, 424 U.S. at 14.

Because “uninhibited, robust, and wide-open” debate enables “the citizenry to make informed choices among candidates for office,” “the constitutional guarantee has its fullest and most urgent application precisely to the conduct of campaigns for political office.” Id. at 14-15 (citations omitted). Within this core protection for political discourse, the candidates’ own speech—undoubtedly the purest source of information for the voter about that candidate—must take even further primacy. Cf. Eu v. S.F. Cnty. Democratic Cent. Comm., 489 U.S. 214, 222-24 (1989) (explaining that political speech by political parties is especially favored). This must be especially true when, as here, the candidate engages in a “pure form of expression involving free speech alone rather than expression mixed with particular conduct.” Buckley, 424 U.S. at 17 (cleaned up) (contrasting picketing and parading with newspaper comments or telegrams). These principles layer together to strongly shield candidates for national office from restrictions on their speech.

Miller called Trump’s false attack on the FBI peaceful political discourse.

Importantly, Miller dodged an argument Smith made — that Trump intended that his false claims would go viral. He intended for people like Bannon to repeat his false claims. In disclaiming any intent to incite imminent action, Miller ignored the exhibit showing Bannon parroting Trump’s false claim on his War Room podcast.

It cannot be said that by merely criticizing—or, even as some may argue, mischaracterizing—the government’s actions and intentions in executing a search warrant at his residence, President Trump is advocating for violence or lawlessness, let alone inciting imminent action. The government’s own exhibits prove the point. See generally ECF Nos. 592-1, 592-2. 592-3, 592-5.

Note, Bannon did this with Mike Davis, a leading candidate for a senior DOJ position under Trump, possibly even Attorney General, who has vowed to instill a reign of terror in that position.

But that was the point — Jack Smith argued — of including an exhibit showing Bannon doing just that.

Predictably and as he certainly intended, others have amplified Trump’s misleading statements, falsely characterizing the inclusion of the entirely standard use-of-force policy as an effort to “assassinate” Trump. See Exhibit 4.

Back in June, Bannon said he had to remain out of prison because he played a key role in Trump’s campaign. And Miller said that even if Bannon deliberately parroted Trump’s false incendiary claims, that was protected political speech as part of Trump’s campaign.

Miller helps eliminate checks on disinformation and Nazis on Xitter

But this effort has been going on for years.

A report that American Sunlight released this week describing how systematically the right wing turned to dismantling the moderation processes set up in the wake of the 2016 election points to Miller’s America First Legal’s role in spinning moderation by private actors as censorship. Miller started fundraising for his effort in 2021.

[F]ormer Trump Senior Advisor Stephen Miller[] founded America First Legal (AFL). 6 An unflinchingly partisan organization, the home page of AFL’s website claims its mission is to “[fight] back against lawless executive actions and the Radical Left,” 7 which it accomplishes through litigation. AFL has, to date, engaged in dozens of efforts to silence disinformation research through frivolous lawsuits and collaboration with Jordan and the House Judiciary Committee’s harassment of researchers. In a digital age where social media is more prevalent than ever and social media platforms have more power than ever, AFL’s efforts to politicize legitimate efforts to combat disinformation – by social media platforms and independent private-citizen researchers – have significantly damaged the information environment. To fully realize these efforts and their impacts, we explore the founding and operations of AFL.

[snip]

After its launch in early 2022, AFL began its line of litigation with a series of FOIA requests relating to the State Department’s Global Engagement Center (GEC) and the Cybersecurity and Infrastructure Security Agency (CISA). These requests marked a noticeable uptick in conservative claims about censorship. AFL’s FOIA requests alleged these government agencies improperly partnered with social media platforms and asked for content around Hunter Biden’s laptop to be removed. 22 In its FOIA request to CISA, AFL writes 23 :

On March 17, 2022, the New York Times revealed that “[Hunter] Biden’s laptop was indeed authentic, more than a year after … much of the media dismissed the New York Post’s reporting as Russian disinformation.” When the story was first accused of being disinformation, X/Twitter suspended the New York Post’s account for seven days, and Facebook “’reduc[ed]’ the story’s distribution on its platform while waiting for third-party fact checkers to verify it.” This was just one of many instances where social media companies censored politically controversial information under the pretext of combatting MDM even when the information later became verified.

Then, as now, AFL offered no evidence to support its claim that any federal agency coerced, pressured, or mandated that social media platforms remove any such laptop-related content. As this report will cover in depth, social media platforms have their own, robust content moderation policies in regards to false and misleading content; as private companies, they implement these policies as they see fit.

The American Sunlight report describes how some of the key donations to AFL were laundered so as to hide the original donors (and other of its donations came from entities that had received the funds Trump raised in advance of January 6).

But as WSJ recently reported, Musk started dumping tens of millions into Miller’s racist and transphobic ads no later than June 2022.

In the fall of 2022, more than $50 million of Musk’s money funded a series of advertising campaigns by a group called Citizens for Sanity, according to people familiar with his involvement and tax filings for the group. The bulk of the ads ran in battleground states days before the midterm elections and attacked Democrats on controversial issues such as medical care for transgender children and illegal immigration.

Citizens for Sanity was incorporated in Delaware in June 2022, with salaried employees from Miller’s nonprofit legal group listed as its directors and officers.

There are questions of whether Miller grew close to Musk even before that.

In the lead-up to Musk’s purchase of Xitter, someone — there’s reason to believe it might be Stephen Miller — texted Musk personally to raise the sensitivities of restoring Trump, whom the person called, “the boss,” to Xitter.

And one of Musk’s phone contacts appears to bring Trump up. However, unlike others in the filings, this individual’s information is redacted.

“It will be a delicate game of letting right wingers back on Twitter and how to navigate that (especially the boss himself, if you’re up for that),” the sender texted to Musk, referencing conservative personalities who have been banned for violating Twitter’s rules.

Whoever this was — and people were guessing it was Miller in real time — someone close enough to Elon to influence his purchase of Xitter was thinking of the purchase in terms of bringing back “right wingers,” including Trump.

Yesterday, the NYT reported on how the far right accounts that Musk brought back from bannings have enjoyed expanded reach since being reinstated. Some of the most popular accounts have laid the groundwork for attacking the election.

As the election nears, some of the high-profile reinstated accounts have begun to pre-emptively cast doubt on the results. Much of the commentary is reminiscent of the conspiracy theories that swirled after the 2020 election and in the lead-up to the Jan. 6 riot.

Since being welcomed back to the platform, roughly 80 percent of the accounts have discussed the idea of stolen elections, with most making some variation of the claim that Democrats were engaged in questionable voting schemes. Across at least 1,800 posts on the subject, the users drew more than 13 million likes, shares and other reactions.

Some prominent accounts shared a misleading video linked to the Heritage Foundation, a conservative think tank, that used shaky evidence to claim widespread voter registration of noncitizens. One of the posts received more than 750,000 views; Mr. Musk later circulated the video himself.

But it’s more than just disinformation. Xitter has played a key role in stoking anti-migrant violence across the world. In Ireland, for example, Alex Jones’ magnification of Tommy Robinson’s tweets helped stoke an attack on a shelter for migrants.

As with mentions of Newtownmountkennedy, users outside of Ireland authored the most posts on X mentioning this hashtag, according to the data obtained by Sky News. 57% were posted by accounts based in the United States, 24.7% by Irish users. A further 8.8% were attributed to users based in the United Kingdom.

While four of the top five accounts attracting the most engagement on posts mentioning this hashtag were based in Ireland, the fifth belongs to Alex Jones, an American media personality and conspiracy theorist. Jones’s posts using this hashtag were engaged with 10,700 times.

Jones continued to platform Robinson as he stoked riots in the UK.

Several high-profile characters known for their far-right views have provided vocal commentary on social media in recent days and have been condemned by the government for aggravating tensions via their posts.

Stephen Yaxley-Lennon, who operates under the alias Tommy Robinson, has long been one of Britain’s most foremost far-right and anti-Muslim activists and founded the now-defunct English Defence League (EDL) in 2009.

According to the Daily Mail, Robinson is currently in a hotel in Cyprus, from where he has been posting a flurry of videos to social media. Each post has been viewed hundreds of thousands of times, and shared by right-wing figures across the world including United States InfoWars founder Alex Jones.

And Elon Musk himself famously helped stoke the violence, not just declaring civil war to be “inevitable,” but also adopting Nigel Farage’s attacks on Keir Starmer.

On Monday, a spokesperson for UK Prime Minister Keir Starmer addressed Musk’s comment, telling reporters “there’s no justification for that.”

But Musk is digging his heels in. On Tuesday, he labeled Starmer #TwoTierKier in an apparent reference to a debunked claim spread by conspiracy theorists and populist politicians such as Nigel Farage that “two-tier policing” means right-wing protests are dealt with more forcefully than those organized by the left. He also likened Britain to the Soviet Union for attempting to restrict offensive speech on social media.

In the UK, such incitement is illegal. But it is virtually impossible to prosecute in the United States. So if Elon ever deliberately stoked political violence in the US, it would be extremely difficult to stop him, even ignoring the years of propaganda about censorship and the critical role some of Musk’s companies play in US national security.

Bannon’s international fascist network

The ties to Nigel Farage go further than Xitter networks.

In a pre-prison interview with David Brooks (in which Brooks didn’t mention how Bannon stands accused of defrauding Trump’s supporters in his New York case), Bannon bragged about turning international fascists into rocks stars.

STEVE BANNON: Well, I think it’s very simple: that the ruling elites of the West lost confidence in themselves. The elites have lost their faith in their countries. They’ve lost faith in the Westphalian system, the nation-state. They are more and more detached from the lived experience of their people.

On our show “War Room,” I probably spend at least 20 percent of our time talking about international elements in our movement. So we’ve made Nigel a rock star, Giorgia Meloni a rock star. Marine Le Pen is a rock star. Geert is a rock star. We talk about these people all the time.

And in August, Bannon’s top aide, Alexandra Preate, registered as a foreign agent for Nigel Farage. She cited arranging his participation in:

  • A March 2023 CPAC speech
  • Discussions, as early as August 2023, about a Farage speech at RNC
  • A January 2024 pitch for Farage to speak at a Liberty University CEO Summit that was held last month
  • Talks at “Sovereignty Summits” in April through July
  • April arrangements for a May 1 talk at Stovall House in Tampa, Florida
  • Discussions in May about addressing CPAC in September
  • May 2024 media appearances on the Charlie Kirk Show, Fox Business Larry Kudlow show, Bannon’s War Room, Seb Gorka Show, Newsmax, WABC radio
  • More discussions about Farage’s attendance at the RNC
  • Early August discussions about an upcoming trip to the US

That is, Preate retroactively registered as Farage’s agent after a period (July to August) when he was spreading false claims that stoked riots in his own country.

Preate also updated her registration for the authoritarian Salvadoran President, Nayib Bukele (which makes you wonder whether she had a role in this fawning profile of Bukele).

Miller serves as opening act for Trump’s Operation Aurora

Before Trump’s speech in Aurora, CO the other day — at which he spoke of using the Alien and Sedition Act against what he deemed to be migrants — Stephen Miller served as his opening act, using the mug shots of three undocumented immigrants who have committed violent crimes against American women to rile up the crowd, part of a years-long campaign to falsely suggest that migrants are even as corrupt as violent as white supremacists.

Stephen Miller started laying the infrastructure to improve on January 6 from shortly after the failed coup attempt (and he did so, according to the American Sunlight report, with funds that Trump may have raised with his Big Lie). In recent weeks, Trump — with Miller’s help — has undermined the success of towns in Ohio and Colorado with racial division and has led his own supporters hard hit by hurricanes to forgo aid to which they’re entitled with false claims that Democrats are withholding that aid.

By targeting people like North Carolina Governor Roy Cooper and Kamala Harris, Trump is targeting not just Democrats, but also people who play a key role in certifying the election.

If Cooper and Harris were incapacitated before they played their role in certifying the election, they would be replaced by Mark Robinson and whatever president pro tempore a Senate that is expected to have a GOP majority after January 4 chooses, if such a choice could be negotiated in a close Senate in a few days.

And all the while, the richest man in the world, who claims that he, like Steve Bannon and Donald Trump, might face prison if Vice President Harris wins the election, keeps joking about assassination attempts targeting Harris.

We have just over three weeks to try to affect the outcome on November 5 — to try to make it clear that Trump will do for America what he has done in Springfield, Aurora, and Western North Carolina, deliberately made things worse for his own personal benefit. But at the same time, we need to be aware of how those efforts to make things worse are about creating a problem that Trump can demand emergency powers to solve.

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