The Mahablog

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The Mahablog

Another Georgia Plea Deal

This time it’s Jenna Ellis, who had been complaining last spring that Trump wasn’t helping pay for her legal bills. This is the New York Times on the plea (no paywall):

Ms. Ellis, 38, pleaded guilty to a charge of aiding and abetting false statements and writings, a felony. She is the fourth defendant to plead guilty in the Georgia case, which charged Mr. Trump and 18 others with conspiring to overturn the 2020 presidential election in Mr. Trump’s favor.

Ms. Ellis agreed to be sentenced to five years of probation, pay $5,000 in restitution and perform 100 hours of community service. She has already written an apology letter to the citizens of Georgia, and she agreed to cooperate fully with prosecutors as the case progresses.

Interesting bit:

Ms. Ellis, unlike the other defendants who have pleaded guilty, asked the court to let her give a statement. She cried as she rose from the defense table and said, “As an attorney who is also a Christian, I take my responsibilities as a lawyer very seriously.”

She said that after Mr. Trump’s defeat in 2020, she believed that challenging the election results on his behalf should have been pursued in a “just and legal way.” But she said that she had relied on information provided by other lawyers, including some “with many more years of experience than I,” and failed to do her “due diligence” in checking the veracity of their claims.

“If I knew then what I know now, I would have declined to represent Donald Trump in these postelection challenges,” Ms. Ellis told Judge Scott McAfee of Fulton County Superior Court. “I look back on this experience with deep remorse. For those failures of mine, your honor, I’ve taken responsibility already before the Colorado bar, who censured me, and I now take responsibility before this court and apologize to the people of Georgia.”

However,

In March, Ms. Ellis admitted in a sworn statement in Colorado, her home state, that she had knowingly misrepresented the facts in several public claims that widespread voting fraud had occurred and had led to Mr. Trump’s defeat. Those admissions were part of an agreement Ms. Ellis made to accept public censure and settle disciplinary measures brought against her by state bar officials in Colorado.

Though she is still able to practice law in Colorado, the group that brought the original complaint against her, leading to the censure, said on Tuesday that new action would be coming.

“We do plan to file a new complaint in Colorado based on the guilty plea, so that the bar can assess the matter in light of her criminal conduct,” said Michael Teter, managing director of the 65 Project, a bipartisan legal watchdog group.

So she’s not quite getting her stories straight.

In other news that is a surprise to me, House Majority Whip Tom Emmer (R-MN) won the nomination for speaker today. Emmer is one of the small minority of candidates who voted to certify the 2020 election, which probably means the Freedom Caucus crew won’t vote for him. Emmer got 117 votes in the Republican caucus. Coming in second with 95 votes was Rep. Mike Johnson of Louisiana, who did not vote to certify the 2020 election. Then the House Republicans had an internal roll call to see if Emmer could get to 217. But he fell more than 20 votes short. It’s not clear to me what’s going to happen next.

Michael Cohen testified today in Trump’s New York civil fraud trial. Trump was in the courtroom, I believe. I’m sure there will be more commentary on this soon.

Update: Trump is trying desperately to get the J6 charges dismissed.

Former president Donald Trump launched a multipronged legal attack late Monday on his federal prosecution for allegedly subverting the results of the 2020 election, saying his actions were protected by the First Amendment as political speech and arguing that he cannot be tried in criminal court for attempting to block Joe Biden’s victory, because he was already impeached by the House but acquitted by the Senate.

I’m not sure the fake electors scheme, among other things, qualifies as “political speech.” And I’ve heard all over the place that an impeachment trial in the Senate can’t count as “double jeopardy” because it is outside the judicial system, and a conviction would not have resulted in any sort of criminal or civil charges, just removal from office. What this tells me is that Trump’s lawyers just file whatever he tells them to file and do their best to make it look less ridiculous than it is.

Another flip? Mark Meadows has been granted immunity by Jack Smith’s team, I believe in the J6 case.

Meadows informed Smith’s team that he repeatedly told Trump in the weeks after the 2020 presidential election that the allegations of significant voting fraud coming to them were baseless, a striking break from Trump’s prolific rhetoric regarding the election.

According to the sources, Meadows also told the federal investigators Trump was being “dishonest” with the public when he first claimed to have won the election only hours after polls closed on Nov. 3, 2020, before final results were in.

Update: Meadows is throwing cold water on this story, which was reported by ABC News. See Emptywheel for details.

Emmer Dropped OutSo what if the House Dems recruited Liz Cheney and got some Republican to nominate her? She’d need, what, five or six Republican votes? At least she’d not work with Trump and would bring aid to Israel and Ukraine to a vote.

The Week Ahead

Preview of the week ahead: I understand there are nine candidates for House Speaker. The GOP plans to choose a nominee tomorrow. I can’t see how this group of House Republicans will ever give any one candidate the votes to win the speakership.

I don’t know that anything new is expected in the various Trump civil and criminal cases. But we can always be surprised. We may hear something about scheduling the remainder of the Fulton County defendants, since the trial that was supposed to start by is no longer needed. Joyce Vance says that if Judge McAfee doesn’t try to squeeze it in before the J6 trial starts in March, then it probably won’t happen until summer 2024, if then.

For your reading enjoyment … see A President, a Billionaire and Questions About Access and National Security in the New York Times. No paywall. The billionaire is Australian and spent tons of money at Mar-a-Lago to get acccess to Trump. And now he says Trump shared foreign policy and nuclear secrets with him. Which Trump denies, of course.

SCOTUS Does Not Reinstate Missouri’s Nutjob Gun Law

Here’s an update on Missouri’s infamous Second Amendment Preservation Act, which went into effect in June 2021. The Act is a not-well-veiled attempt at nullifying federal guns laws. This NPR article explains it pretty well:

In 2021, Missouri passed the “Second Amendment Preservation Act” to make federal gun restrictions illegal in the state and bar officials from enforcing any law that would “infringe” upon the right to “bear arms.” It also allows “any person” to sue state law-enforcement agencies who don’t comply with state law.

The federal government sued, contending that the state law unconstitutionally usurped federal law and made it impossible for federal authorities in the state to carry out their enforcement duties. A federal district court agreed and the Eighth Circuit Court of Appeals upheld the ruling.

In effect, the law seriously interfered with cooperation between state and federal law enforcement where guns are involved. For example, after a police officer was killed in a shootout, state law enforcement at first refused to work with federal agencies to trace the murder weapon.

Among other things, the law attempts to nullify federal statutes that, for example, require gun dealers to keep records. It prohibits the state from hiring former federal employees who had ever been involved in enforcing federal gun laws. And it allows any citizen of the state to sue any state law enforcement employee or agency caught cooperating with the feds, for $50,000. Ian Millhiser at Vox said the law “reads like it was drafted by a member of the John Birch Society after a night of heavy drinking.”

In 2022 the U.S. Department of Justice filed a brief in a federal court against the law. The brief says the law “poses a clear and substantial threat to public safety” and has “seriously impaired the federal government’s ability to combat violent crime in Missouri.”

The state is still appealing to have the law reinstated in lower courts. But then the Missouri AG asked the Supreme Court to reinstate the law while the challenges were working their way through lower courts. And yesterday the Court refused to do that. Justice Thomas dissented.

Adam Liptak writes for the New York Times (no paywall):

In a brief statement on Friday, Justice Neil M. Gorsuch, joined by Justice Samuel A. Alito Jr., wrote that he agreed with the court’s ruling “under the present circumstances.” But he added that the court was powerless to block aspects of the Missouri law that resembled the one from Texas.

Judge Brian C. Wimes of the Federal District Court in Kansas City ruled in March that the Missouri law was “an impermissible nullification attempt” at odds with the Constitution’s supremacy clause, which generally prohibits states from enacting measures at odds with federal law.

I wonder if the “under the present circumstances” is leaving a door open for the court to rule differently at some future time.

In other news: James Comer’s investigations into Joe Biden’s allegedly shady financial dealings are still striking out. Biden’s brother James wrote him a check for $200,000 in 2018, which was designated a “loan replayment.” This is Comer’s new evidence of Biden’s doing something bad somehow that is all over right-wing media, sometimes under headlines screaming QUID PRO QUO. None appear to remember that Biden was a private citizen in 2018, and why wouldn’t it have been a loan replayment?

Also, too: House Majority Whip Tom Emmer of Minnesota is being considered for the speaker position. But back in January 2021 Emmer voted to certify the 2020 election results. So “conservatives aligned with Trump, including their media darling Tucker Carlson, are lining up to crush Emmer’s bid for speaker if he decides to run,” it says here. I can’t imagine how the House is ever going to elect a speaker unless some Dems cross over and vote for a not-MAGA Republican.

Gym Gets Another Vote

Word is that Gym will get another roll call vote this morning. Also, Patrick McHenry is threatening to quit as temp speaker. I’ll be back later to comment.

Update: Jordan is striking out already.

Update: Chesebro got a plea deal, or a partial plea deal. I’ll post details when I know them.

Update: Sorry I haven’t been keeping up. I had some messy personal business to take care of. Now I’m trying to figure out what’s been going on.

Now the Republicans have voted, 112 to 86, to remove Gym Jordan as the nomnee for speaker. Other would-be speakers have until Sunday to step forward. Several possibilies are being named. Gym would have been better off if he’d stopped after two votes and got the caucus behind the plan to give Patrick McHenry enhanced temporary powers. He could at least have kept the status of speaker nominee for a while.

Judge Arthur Engoron has threatened Trump with incarceration if he continues to post smack about court employees and witnesses on socical media.

Kenneth Chesebro pleads:

Chesebro pleaded guilty to a single felony count of conspiracy to file false documents and accepted a sentence of three to five years of probation, a $1,000 fine, $5,000 in restitution to the state of Georgia, an apology letter, 100 hours of community service and a promise to testify truthfully against any other co-defendants in the case, should they go to trial.

I understand Chesebro played a major role in the fake elector scam.

Israel has not yet begun sending troops into Gaza. I understand the U.S. and several other nations are urging Israel to hold off and try to get hostages out. Israel continues to bomb Gaza, I understand.

I think that’s the highlights. Thank you to everyone for all your comments during the day.

Update: One more — Judge Chutkan temporarily froze the gag order she’d placed on Trump.

US District Judge Tanya Chutkan on Friday temporarily froze the gag order she issued on Donald Trump in the former president’s federal 2020 election subversion criminal case.

In a brief order, Chutkan, who is overseeing the case against Trump in Washington, DC, said she was issuing the administrative stay of the gag order entered earlier this week to give the parties more time to brief her on the former president’s request to pause the order while his appeal of it plays out.

Chutkan also said that the Justice Department has until Wednesday to respond to Trump’s request for a longer pause on the gag order and that Trump would have until the following Saturday to reply to the government’s filing.

Sidney Powell Takes a Plea Deal

So this just happened — Sidney Powell has taken a plea deal in the Georgia election interference case.

Powell agreed to plead out one day before her trial, alongside Ken Chesebro, was set to begin in Fulton County Superior Court.

Powell agreed at the hearing to plead guilty to six counts of conspiracy to commit interference with the performance of election duties. The penalty includes six years probation, a recorded proffer interview with prosecutors, a commitment to testify about her actions in future trials, and a $6,000 fine.

This suggests Powell is not utterly demented. And I bet she knows a lot of stuff. So who’s next?

In other news: The House is supposed to convene at noon today, and Gym wants a third vote. We’ll see if he gets it. I’ve read in several sources that there are some Republicans and Democrats warming up to the idea of giving temp speaker McHenry enough authority to let the House do its basic functions as a legislative body until the GOP can settle on a speaker. But it’s far from a done deal. If that doesn’t happen, and if Gym keeps losing, I don’t see that there are any other plans.

See also Multiple members are detailing death threats and other intimidation they’ve faced for opposing Jim Jordan’s speakership bid at Politico. I bet a lot of these people never imagined the MAGA goons would be coming after them.

I’ll update this post as stuff happens today.

Update: Gym surrenders. There won’t be another vote. He’s endorsing the plan to empower the temp speaker to temporarily run the House.

Update: Whoops, scratch the last update. The New York Times just reported that Gym wants another vote after all.

Just hours after the hard-right Republican said he would hit pause on his candidacy and support elevating the interim speaker, Representative Patrick T. McHenry of North Carolina, to temporarily lead the House, Mr. Jordan reversed course yet again and said he would move forward with his bid to win the post. It was not immediately clear when another vote could be scheduled.

His decision came after a furious backlash from rank-and-file Republicans including many of his far-right supporters, who said empowering Mr. McHenry — a stand-in appointed to his post after the ouster of then-Speaker Kevin McCarthy — would effectively cede control of the House floor to Democrats and set a bad precedent.

Another Day, Another Clown Act

I understand they’re about to vote again in the House. So let’s see how it goes.

On yesterday’s vote, Politico reports that Jordan’s strong-arm intimidation tactics backfired. See also Michelle Cottle, Jim Jordan Is a Lousy Strongman.

Update: There are 12 Republican votes for people other than Jordan and they’re still in the Gs. Ain’t gonna happen for ol’ Gym today.

Update: There are now 21 not-Jordan Republican votes, and they are still in the Ss. Gym’s doing worse than yesterday.

Update: I’m reading that Jodan expects another roll call vote tomorrow. We’ll see.

Gym Jordan Falls Short

Gym’s roll call vote fell short by 17 votes, as 20 Republicans voted against him. That’s a bigger margin than what McCarthy lost by on his first vote, I believe. It’s unclear what’s going to happen next. I take it Gym expected to either win outright or be short by a much smaller margin. The bullying tactic failed. So Gym and his supporters are off huddling somewhere deciding what to do next. Some sources are reporting that Jordan supporters want to try another roll call today. There are “renewed discussions” of empowering temp Speaker McHenry with more power until the Republicans get their act together.

I’m not familiar enough with all of the GOP House members to know if the not-Gym votes are all from a particular faction or not. The NY Times is reporting that among the holdouts are senior GOP members of the Appropriations Committee and a bloc of Long Island Republicans.

In other news, there are reports that an Israeli air strike hit a Gaza hospital and killed hundreds of people. Israel cannot afford to do things like that. There are also reports of Israeli bombs dropping in the area in south Gaza where Palestinians were told to flee. Again, Israel needs to take care. We may learn these reports aren’t accurate, but I’m seeing the hospital story all over the place. President Biden is heading there tomorrow.

The text of Judge Tanya Chutkan gag order on Trump has been released. Trump’s lawyers have “launched” a notice they will appeal, it says here. The notice of appeal does not include any legal arguments. The lawyers probably are still trying to find some.

Update: Some analysis of the not-Gym Jordan Republicans by Philip Bump at WaPo:

There was a pattern to those rejections. If we consider the House GOP caucus on two measures — ideology and 2020 presidential vote — you can see that the cluster of opponents to Jordan overlapped more with the less-conservative, less-Republican range. (Ideology is measured using Voteview’s DW-NOMINATE score, which ranges from -1 (most liberal) to 1 (most conservative). 2020 vote by district calculated by DailyKos.)

The outlier in the opposing group was Rep. Ken Buck (R-Colo.), who we’ll come back to in a second. His district was less friendly to Donald Trump in 2020 than was Jordan’s, but they are rated similarly on the ideological score.

If we run averages, the point is more obvious still. The opponents of Jordan averaged an ideology score of 0.348; his supporters landed at 0.529. His opponents represent districts that supported Trump over Joe Biden in 2020 by an average of 8.5 points. Jordan’s supporters represent districts that backed Trump by an average of 21.6 points.

Update: They’re saying on MSNBC that the House Republicans have called off holding another vote today. They may give Gym another shot at the speakership tomorrow.

Update: The Israeli military said its intelligence indicated that a misfired rocket from an Islamist group aligned with Hamas was responsible for the explosion.

Update: The Jersusalem Post is reporting that the Gaza hospital was destroyed by rockets fired from factions in the Gaza strip.

A New Gag Order, and the House Clown Show

Judge Tanya Chutkan, who is overseeing Jack Smith’s J6 case, has issued Trump a limited gag order. He is restricted from “making public statements attacking the witnesses and specific prosecutors or court staff members involved in the federal case concerning his efforts to overturn the 2020 election,” the NY Times says. Trump has “truthed” that he will appeal the order. His campaign also sent out emails claiming that President Biden is behind the gag order. Judge Chutkan did not specify what penalties Trump might face if — excuse me, when — he violates the order.

On to the House Circus. Many news articles have said that a core group of Republicans are saying they will not vote for Gym Jordan, which if true would seem to kill his chances of being elected Speaker. Some have said that if Jordan tries to force a roll-call vote tomorrow, they will block it. We’ll see.

It’s also said Jordan has been urging his MAGA supporters to bully the holdouts into submission. Josh Marshall writes that most of the resisters are establshed but conservative Republicans who are tired of Jordan’s act. And some of them are flipping.

If they give way you’ll be left with a handful of vulnerable Republicans like the newly elected members from New York state and a few others sitting in Biden districts. If it’s down to them I’m fairly certain they just fold.

If it plays out like that you could have a Speaker Jim Jordan in place by tomorrow.

This would be quite bad for the country. But it’s hard for me to see how it isn’t pretty bad for the GOP in terms of the 2024 election, at least in the House.

Late Update: Now another, Ann Wagner (MO), has flipped. The rationale is refusal to be forced to work with Democrats to elect a Speaker. Steve Womack seems to be the only high profile NeverJim who’s holding tough. My assumption now is the Jordan probably wins this. Though we need to see more to know.

Later Update: I think this is close to done. Jordan is going to be Speaker. Maybe not tomorrow but soon. And in all likelihood probably tomorrow.

In other news: I feel I have to mention the 6-year-old boy in Illinois who was murdered by his mother’s landlord. The statement from the county sheriff’s department is just anguishing. “The six-year-old boy was stabbed twenty-six (26) times throughout his body. The knife used in this attack is a twelve-inch serrated military style knife that has a seven-inch blade.” Joseph M. Czuba (age 71) has been charged.

On a more cheerful note, the DoJ has filed notice that it wants the US Court of Appeals in DC to impose longer sentences on Enrique Tarrio, Joseph Biggs, Zachary Rehl, Dominic Pezzola and Ethan Nordean, all Proud Boys I believe.

The Real Antagonists in the Israel-Hamas War

Over this weekend I’ve found some excellent commentaries on the Israel-Hamas War, which seems to be the name people are settling on. Okay, then,

Start with Paul Waldman, Israeli-Palestinian conflict needs moral consistency, not moral clarity. (And note that we’re not quite half way through October and I’m already almost out of Washington Post gift articles. So enjoy this one.)

While war rages in Gaza, many Americans have turned their attention to each other. As politicians, organizations and even ordinary people declare their positions on the conflict, everyone else leaps in to judge what was said. The result is a kind of sympathy meter to assess whether each statement properly places the needle between Israelis and Palestinians.

People are getting slammed for being insufficiently pro-Israel or pro-Palestinian. For example, “After Rashida Tlaib (D-Mich.) — the only Palestinian American member of Congress — released a statement saying ‘I grieve the Palestinian and Israeli lives lost yesterday, today, and every day,’ she was attacked for focusing too much on the fate of Palestinians. Fox News then sent a reporter to demand that she condemn Hamas.”

At the New York Times, please see this op ed by Nir Avishai Cohen. He is a major in the reserves of the Israel Defense Forces and is defending Israel now.

I am now going to defend my country against enemies who want to kill my people. Our enemies are the deadly terrorist organizations that are being controlled by Islamic extremists.

Palestinians aren’t the enemy. The millions of Palestinians who live right here next to us, between the Mediterranean Sea and Jordan, are not our enemy. Just like the majority of Israelis want to live a calm, peaceful and dignified life, so do Palestinians. Israelis and Palestinians alike have been in the grip of a religious minority for decades. On both sides, the intractable positions of a small group have dragged us into violence. It doesn’t matter who is more cruel or more ruthless. The ideologies of both have fueled this conflict, leading to the deaths of too many innocent civilians.

Going back to Paul Waldman’s opinion piece, it’s noticable that an Israeli can say that but an American saying the same thing might be skewered for being insufficiently pro-Israel.

This war, like others before it, will end sooner or later. I am not sure I will come back from it alive, but I do know that a minute after the war is over, both Israelis and Palestinians will have to reckon with the leaders who led them to this moment. We must wake up and not let the extremists rule. Palestinians and Israelis must denounce the extremists who are driven by religious fanaticism. The Israelis will have to oust National Security Minister Itamar Ben-Gvir, Finance Minister Bezalel Smotrich and their far-right circle from power, and the Palestinians will have to oust the leadership of Hamas.

Sounds like a plan to me. Let’s hope it happens.

David Faris, Yes, You Can Be Pro-Palestine and Anti-Hamas, at Slate. This really brings home that the real fight here is not between Muslims and Jews, or Palestinians and Israelis. It’s between hard-right religious conservatives who want to keep the fires of anger stoked and everybody else.

If there’s one thing that you would hope all factions on the progressive left could agree on, it’s that the hard-line religious fanatics who took suicide terrorism global in the 1990s, targeted civilians indiscriminately, bore enormous responsibility for the collapse of the Oslo peace process, and now operate a repressive, single-party authoritarian regime in Gaza are beyond the pale. More than any other single entity, Hamas (an Arabic-language acronym for the Islamic Resistance Movement) helped destroy the Israeli left and, with it, any meaningful prospect of a two-state solution to the conflict.

The group had plenty of help, of course, from Jewish extremists in Israel and maximalist right-wing politicians like Netanyahu himself. Not long after the famous 1993 handshake between Palestinian Liberation Organization leader Yasser Arafat and Israeli Prime Minister Yitzhak Rabin on the White House lawn that kicked off the doomed Oslo peace process, an Israeli extremist gunned down dozens of Palestinians in a mosque, Rabin was dead from a Jewish assassin’s bullet, the settlements in territories that would need to be handed back to the Palestinians continued to inexplicably expand, and then, in 1996, Netanyahu was elected.

But there is also no meaningful factual dispute about what Hamas has done and what role the group played in the obliteration of peace prospects. Beginning in 1993, the organization perpetrated dozens of suicide attacks in Israel, killing thousands of innocent people and plunging Israeli society into a maelstrom of fear and escalation that produced reactionary governments unwilling to take even rudimentary steps toward a negotiated peace. The Palestinian national movement did not then require—and does not now need—the slaughter of innocent civilians on buses and in dance halls and in family homes.

The relationship between the Israeli Right and Hamas is complicated. Alice Speri at the Intercept:

Hamas, in that sense, has been a convenient presence for Israel, whose leaders have favored the militant group over the Palestinian Authority, or PA, the pseudo-government established during the Oslo peace process to administer the Palestinian territories until the details of a sovereign Palestinian state could be negotiated. While Hamas has been enemy No. 1 in Israeli rhetoric for years, offering a cover for Israel to maintain its blockade and periodically kill hundreds of Palestinian civilians in Gaza, it has also offered Israel an alibi to avoid abiding by its supposed commitment to Palestinian statehood.

Israeli leaders seemed to believe this strategic calculation could hold indefinitely.

“They have determined that this situation of constant political instability and violence is preferable over making some kind of larger political agreement that would actually lead to a final status outcome to bring peace between Israelis and Palestinians,” Palestinian political analyst Yousef Munayyer told The Intercept’s Deconstructed podcast this week. “And they’ve chosen this path over that, and I think we are seeing the results of that on full display in recent days.”

Indeed, some Israeli officials have at times been explicit about their preference for Hamas over the PA. Israel’s Finance Minister Bezalel Smotrich, one of the most extremist members of the most extremist Israeli government coalition to date, offered an unusually frank assessment of the government’s approach to Hamas in a 2015 interview.

“The Palestinian Authority is a burden, and Hamas is an asset,” Smotrich said at the time. “It’s a terrorist organization, no one will recognize it, no one will give it status at the [International Criminal Court], no one will let it put forth a resolution at the U.N. Security Council.”

I’ve seen other commentaries this week that have said Netanyahu’s policies have actually reinforced Hamas. I take it this was a political calculation on his part. I confess I don’t pay enough close attention to Israel to fully appreciate the nuances there.

Michael Hirsch, Foreign Policy, Netanyahu’s Road to War:

No one can excuse the horrific atrocities committed by Hamas in the last several days, nor deny Israel’s right to a response, which very likely will entail a full or partial reoccupation of Gaza and the methodical destruction of Hamas. But it’s also clear that Netanyahu’s policies helped create the conditions that led to the bloodiest few days in the history of the Israeli-Palestinian conflict.

“The horrific event we’ve just experienced—and the prolonged, massive Israeli counteroffensive to follow—cannot be fully understood in isolation from what I consider … a two-layered Netanyahu strategic failure,” said Nimrod Novik, the former senior advisor to the late Israeli Prime Minister Shimon Peres, who eagerly tried to pursue the Oslo process. First, Netanyahu and his current coalition —“the most extreme ever,” in Novik’s words—downplayed or ignored warnings from Arab signatories under the Abraham Accords about addressing Palestinian grievances, Novik said.

Second, for decades, Netanyahu pursued what Novik called the “illusion” that even under his draconian policies—which turned Gaza into what Human Rights Watch calls “the world’s largest open-air prison”—Hamas would abstain from the kind of attacks on Israel that might jeopardize its hold on power in Gaza, said Novik, who is currently a fellow with the Israel Policy Forum.

“His so-called ‘separation strategy’ rested on two legs: one, solidify Hamas control over Gaza, so that we have ‘an address’ and a governing entity with which to reach understandings over easing of closure in return for cease-fire. Second, weaken the Palestinian Authority, lest it emerges as a viable partner for negotiations, something Netanyahu has been determined to avoid,” Novik said. An Israeli official did not respond to a request for comment.

Netanyahu also pushed a controversial policy of weakening the judiciary inside Israel, in part to prevent the courts from protecting Palestinians from Israeli human rights abuses, which they did only occasionally. That push—described by Netanyahu’s critics as a judicial coup—set off waves of protests in Israel that have continued for months.

I keep seeing headlines saying that Israel is planning to attack Gaza or is preparing an invasion of Gaza. It is completely understandable that Israel now wants to smash Hamas. But this invasion will be ugly and messy and morally compromising. See David French, The Moral Questions at the Heart of the Gaza War.

As a former JAG (or Judge Advocate General’s Corps) officer embedded with a combat arms unit in Iraq during Operation Iraqi Freedom, I know that you can’t simply merge law and tactics and declare that everything that is legally and tactically sound is also moral, much less wise. We veterans know that the challenge for the Israel Defense Forces in Gaza isn’t simply to win the fight with Hamas within the laws of war. There is a third imperative, one that will define the soldiers who fight and the nation they defend for years to come: Do not destroy your soul.

This is much easier said than done. To shrink from evil because the fight will be hard and complex and fraught with risk to soldiers and civilians alike is to both reward barbarism (it sends the signal that sufficient savagery will be rewarded with impunity) and to forsake the sacred duty of protecting your citizens from harm. To lean into the fight, to stretch your violent reach every bit as far as the law allows, can create both an ocean of anguish and bitterness in civilian populations and leave a “bruise on the soul” of the combatants themselves, altering their lives forever.

Perilous times. And the U.S. House is still dysfunctional.

In other news: Speaking of which, CNN is reporting

A number of House Republicans are in talks to block Rep. Jim Jordan’s path to the speakership as the Ohio Republican tries to force a floor vote on Tuesday, according to multiple GOP sources.

One senior Republican House member who is part of the opposition to Jordan told CNN that there he believes there are roughly 40 “no” votes, and that he has personally spoken to 20 members who are willing to go to the floor and block Jordan’s path if the Ohio Republican forces a roll-call vote on Tuesday.

In more other news, Lauren Boebert spent $317.48 of campaign money in late July at Hooch Craft Cocktail Bar in Aspen, Co., according to her most recent campaign finance filings. That the bar owned by her date at the infamous Beetlejuice theatrical event.

And “If special counsel Jack Smith succeeds in his quest for a gag order on Trump, prosecutors could lose one of their best sources of incriminating information — Trump’s mouth.” That’s from How candidate Trump’s claims boost legal risks for defendant Trump at WaPo

Today’s News Bits

House Republicans have now officially nominated Gym Jordan to be speaker. He defeated Rep. Austin Scott of Georgia, about whom I know nothing, by a vote of 124 to 81. That’s somewhat better than Steve Scalise did against Jordan earlier this week, which was 113 to 99. The magic number to get the gavel is, of course, 217, and no one is saying Jordan’s going to get 217. Several mainstream Republicans have said they would not support him, the NY Times reports.

Four Dems of the House “problem solvers” caucus, led by the odious Josh Gottheimer of New Jersey, are floating a proposal to give temporary speaker McHenry “expanded authorities” that would allow some bills to be voted on.

Specifically, the Democrats are proposing to let McHenry bring up any emergency aid for Ukraine or Israel, a short-term bill that extends government funding through Jan. 11, or general consideration of fiscal 2024 spending bills. Those powers should be limited to 15-day increments, they proposed, with extensions possible if the House GOP continues to remain without a leader.

In exchange, the Democratic quartet suggested, their party would be allowed to fill up 50 percent of the House’s suspension calendar — which is reserved for noncontroversial bills and requires two-thirds votes for passage, not simple majorities.

Better than nothing, I guess.

The polls in Israel show that a huge majority of Israelis blame Prime Minister Netanyahu and his government for the Hamas attacks. A smaller majority, 56 percent, think Netanyahu must resign.

Of all the stupid and senseless killings of black men by police, none were more stupid and senseless than the killing of Elijah McClain, 23, in Colorado. Yesterday a jury found one of the police officers involved in the death guilty of criminally negligent homicide and assault. Another officer was acquitted. A third officer and two paramedics who treated McClain with a probable overdose of ketamine have yet to be tried. It doesn’t seem quite enough to me.