⚖️ Trump’s Lawless Toadies Can’t Stop Losing in Court
Lindsey Halligan hands the Trump administration its latest humiliation, the DOD takes aim at Senator Mark Kelly, and was JD Vance’s memoir, 'Hillbilly Elegy,' used to smuggle drugs into prison?
✍️⛈️ On this day in 1950, legendary English-American comic book writer Chris Claremont was born. It was Claremont who, beginning in 1975 and continuing for 17 years, made Ororo Munroe, AKA Storm, the central protagonist of The Uncanny X-Men. Giving a Black woman such narrative power and leadership in a flagship superhero title was unheard of in mainstream comics. He was “woke” before “woke” was a thing!
Good morning! Peter here reporting from the oh-so swanky setting of my childhood bedroom, surrounded by high school textbooks, graphic novels, Star Wars LEGOs, and Pokémon cards. Does the decor make me wince a bit? Sure, but this is actually the perfect warm-up for Thanksgiving dinner. What better way to walk into the family gathering than with a healthy serving of humble pie? I’m only going to get more!
In today’s ‘First Draft,’ Donald Trump’s unlawfully appointed interim US Attorney Lindsey Halligan loses bigly in court, Republicans balk at the White House’s healthcare proposal, the administration tiptoes closer to military action in Venezuela, and JD Vance’s novel Hillbilly Elegy apparently doesn’t just discuss America’s narcotics crisis… It’s somewhat complicit in it??
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‘Malevolence and Incompetence’
Lindsey “hooligan” Halligan strikes again!
Yesterday afternoon, US District Judge Cameron McGowan Currie tossed the criminal indictments of former FBI Director James Comey and New York Attorney General Letitia James after ruling that noted insurance lawyer and former Trump attorney, Lindsey Halligan, was unlawfully appointed interim US Attorney for the Eastern District of Virginia.
“All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside,” Currie, an appointee of former President Bill Clinton, declared.
“This case presents the unique, if not unprecedented, situation where an unconstitutionally appointed prosecutor, exercising ‘power [she] did not lawfully possess,’ acted alone in conducting a grand jury proceeding and securing an indictment,” Currie wrote in simultaneous orders regarding the Comey and James cases.
The judge’s ruling was rooted in the fact that Attorney General Pam Bondi violated the Appointments Clause by installing Halligan without Senate confirmation after Trump pressured Halligan’s predecessor, Erik Siebert, who had expressed concerns about the legal muster of the potential case against James, out of the position.
Notably, the morning after Siebert’s resignation, Donald Trump posted on social media, ”He didn’t quit, I fired him!”
To evoke a meme from the first Trump term, “he just…he tweeted it out.”
It’s important to note that Judge Currie dismissed the charges against Comey and James without prejudice, meaning Bondi’s DOJ can bring the cases again… well, sorta kinda…
The DOJ could bring new charges against Letitia James, although a replacement for Lindsey Halligan would likely need to be installed.
Regarding Comey, however, the statute of limitations for his alleged crimes expired in September, likely meaning the longtime Trump critic is safe from future prosecution – at least related to this matter.
“I’m grateful the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking,” Comey said in a video shared on social media.
“Malevolence and incompetence” indeed.
As conservative writer Charlie Sykes observed in the winter of 2020, “a clown with a flamethrower still has a flamethrower.” This was, of course, in the midst of Donald Trump’s immensely dangerous-yet-laughable pressure campaign to subvert the will of the voters in Michigan, Pennsylvania, Georgia, and elsewhere in order to steal the US presidency.
Sykes later amended his observation in March of this year, expressing his sympathies to the clowning community. “Indeed, clowns are not the ones wielding the flamethrowers and chainsaws. Idiots are. And I owe the harlequins a sincere apology.”
I raise all this because, believe it or not, the events of yesterday’s court proceedings oddly represent a best-case scenario for Halligan. She still very likely will be fired or asked to resign (more like Halli-GONE, am I right??), but the fact that the Comey and James cases were effectively yeeted into a dumpster on a technicality allows her to save face.
What do I mean? Well, this manner of dismissal leaves unresolved several actions by the Trump DOJ that were far, far more embarrassing for Halligan and the administration.
Kyle Cheney, Politico’s senior legal affairs reporter, explained in a piece late yesterday that “rulings throwing the cases out as selective or vindictive prosecutions would have been accompanied by recitations of the unusual tactics Trump employed to see his perceived enemies in the dock.” Cheney further wrote, “a ruling voiding that indictment based on recent revelations in court that Halligan didn’t physically show the grand jury the final indictment [has] raised more questions about Halligan’s competence and meager experience.”
In short, Lindsey Halligan is no clown with a flamethrower.
Nor is she an idiot with a flamethrower.
She is, in point of fact, an idiot holding an unpinned grenade, and yesterday Judge Cameron McGowan Currie took it off her hands.
🗞️ What You Need to Know
You do
nottalk about Fight Club: A group of liberal lawmakers, including Senators Chris Van Hollen, Tina Smith, Chris Murphy, Bernie Sanders, and Elizabeth Warren, has formed to challenge Minority Leader Chuck Schumer’s midterm strategy, per the New York Times. The group, self-dubbed the “Fight Club,” seeks a new approach to how the Democratic Party selects and supports candidates in races across the country. Folks, are you not familiar with the first rule!?The IRS wants Justice: Republican Senator Jim Justice was hit with a complaint from the IRS for over $5.1 million in unpaid taxes. But the West Virginia senator is no stranger to financial liabilities, having a track record of collecting millions in debt and liabilities.
Mark marked: The Department of Defense said it is investigating allegations of misconduct against Arizona Senator Mark Kelly, who was among the Democratic lawmakers who called on members of the military to not comply with orders if they are illegal orders. “If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly said in a statement.
Mad about Maduro: The Trump administration designated Cartel de los Soles as a foreign terrorist organization in a mounting pressure campaign against Venezuelan President Nicolás Maduro. The US alleges Maduro is the leader of Cartel de los Soles, and the move lays the groundwork for potential US military action against Venezuela without congressional approval. Trump previously alleged that Maduro controls the Tren de Aragua gang – a claim disputed by US intelligence. According to CNN, Cartel de los Soles “may not technically exist.”
Trump delays healthcare proposal: After facing heavy pushback from Republicans, Trump is delaying his announcement of a proposal to reauthorize expanded subsidies for health insurance plans sold on the Affordable Care Act marketplace, according to MS NOW (formerly MSNBC). Without an extension, millions of people will see their monthly premiums spike in January.
Jump for Jones: Former Senator Doug Jones, the last Democrat to win a statewide race in Alabama, announced his bid for governor in the Deep South state. His campaign sets up a potential rematch against Senator Tommy Tuberville, a MAGA Republican who defeated Jones in a 2020 Senate race.
US to reinterview thousands of refugees: The Trump administration is planning to reinterview certain refugees who were admitted to the US under the Biden administration, according to CNN. Between fiscal years 2021 and 2025, roughly 235,000 refugees entered the US after going through the rigorous admissions process.
🧠 Pop Quiz!
Which high-ranking former US official was interviewed by the Secret Service this year after posting a photo of seashells on the beach spelling out “86 47” – code for getting Trump out of the White House?
Keep your eyes out for the answer below!
🇵🇸 Don’t Forget Gaza
Remnants of genocide: Remnants of Israeli weapons exploded as children were playing with them at a home west of Gaza City, Al Jazeera reported. One child was killed, and several others were critically wounded.
GHF shutters at last: The Gaza Humanitarian Foundation, a US-Israel-backed private organization, announced it is permanently shutting down. GHF was accused of luring Palestinians to their aid sites, where Israeli forces would then open fire. The UN reported that more than 800 Palestinians were killed in the vicinity of GHF sites.
UN human rights issue warning: Experts at the UN Human Rights Council warned that Israel’s continued violations of the so-called ceasefire in Gaza threatened the truce. They urged countries to apply pressure on Israel to stop its attacks.
And in the occupied West Bank…
The Israeli army issued an order to seize about 19 acres of Palestinian land in the towns of Al-Isawiya and Al-Za’im, east of Jerusalem.
🚨 Don’t Miss It!
Inspiring 88-year-old Holocaust survivor Stephen Kapos talks to Mehdi about Trump’s brand of fascism and why he believes it is imperative for him to speak up about Israel’s genocide in Gaza.
The interview will hit your inbox later today!
Plus, be sure to catch Swin’s Town Hall with Ayman Soliman, the children’s hospital chaplain arrested by ICE, who will discuss his ordeal and how the community stood up for him, at 2pm ET (11am PT / 7pm GMT). Click here for more info and to register!
🌏 Anywhere But America
🇸🇩 Sudan war crimes: Amnesty International accused the Rapid Support Forces (RSF) paramilitary group in Sudan of committing war crimes in its brutal assault to take control of the city of El Fasher late last month. Citing interviews with more than two dozen survivors, Amnesty said the RSF “executed scores of unarmed men and raped dozens of women and girls as they captured the city.”
🇵🇭 7 detained in corruption scandal: Philippine President Ferdinand Marcos Jr. said Monday that seven suspects have been detained so far in connection with a corruption scandal in which government officials allegedly pocketed billions in funds allocated for flood control.
🇨🇩 Deadly attack in Congo: Fourteen people – including three children under the age of 5 – were killed in an attack on a village in western Congo amid escalating violence over land ownership between the Teke and Yaka communities.
🇸🇾 Curfew extended amid sectarian unrest: On Monday evening, Syria extended its curfew in select areas of Homs after the murder of a husband and wife from a well-known Bedouin tribe triggered wider sectarian violence over the weekend. At least 120 people suspected of being involved in the violence have since been arrested.
🇷🇺 🇺🇦 Overnight attacks in Ukraine: Russia killed at least seven people in overnight strikes on the Ukrainian capital Kyiv, while a Ukrainian attack on southern Russia killed at least three people. The attacks come amid the latest rounds of meetings between Ukrainian and US negotiators. In recent days, the 28-point plan to end Russia’s war in Ukraine was amended to a 19-point plan more agreeable to Kyiv than the previous proposal. Russia said the proposal “could form the basis for a final peace settlement.”
📊 Poll of the Day
As the Trump administration continues to pressure the Maduro regime, it turns out that most Americans are against the US taking military action against Venezuela, according to the latest CBS News/YouGov polling.
🧠 Trivia answer: James Comey.
📖 Cellbilly Elegy
A 30-year-old Ohio man has been convicted of sneaking drugs into Grafton Correctional Institution, according to AP.
The vehicle? None other than JD Vance’s memoir, Hillbilly Elegy, which was sprayed with narcotics and made to appear as an Amazon order shipped to the prison.
Ah, the sweet, sweet irony.
ICYMI From Zeteo
Zeteo’s Melanie Riehl, Akshay Gokul, and Minnah Arshad contributed to this newsletter.
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