emptywheel
@emptywheel.bsky.social
Coverage of American authoritarianism with a focus on legal cases. An American-Irish in Limerick, Ireland.
Legendary potty mouth!
Legendary potty mouth!
Reposted by emptywheel
Let the record show that President Donald Trump issued mass preemptive pardons to those involved in his effort to overturn the results of the 2020 election five years to the day since the Four Seasons Landscaping debacle in Philadelphia.
Trump Completes Jan. 6 Autocoup With Mass Preemptive Pardons
For My Friends, Everything … Let the record show that President Donald...
talkingpointsmemo.com
November 10, 2025 at 3:37 PM
Let the record show that President Donald Trump issued mass preemptive pardons to those involved in his effort to overturn the results of the 2020 election five years to the day since the Four Seasons Landscaping debacle in Philadelphia.
Reposted by emptywheel
#BREAKING: Over no public dissents, #SCOTUS denies Kim Davis's petition asking the justices to overturn Obergefell v. Hodges (which recognized federal constitutional protections for same-sex marriage):
www.supremecourt.gov/orders/court...
www.supremecourt.gov/orders/court...
www.supremecourt.gov
November 10, 2025 at 2:31 PM
#BREAKING: Over no public dissents, #SCOTUS denies Kim Davis's petition asking the justices to overturn Obergefell v. Hodges (which recognized federal constitutional protections for same-sex marriage):
www.supremecourt.gov/orders/court...
www.supremecourt.gov/orders/court...
Reposted by emptywheel
NEW: I tried to explain why there are so many victims of spyware, despite the fact that its makers have been telling us for years that the tech is only intended to be used in limited cases.
There are several reasons, including how the spyware systems are designed, and how powerful they are.
There are several reasons, including how the spyware systems are designed, and how powerful they are.
Why a lot of people are getting hacked with government spyware | TechCrunch
Government surveillance vendors want us to believe their spyware products are only used in limited and targeted operations against terrorists and serious criminals. That claim is increasingly difficul...
techcrunch.com
November 10, 2025 at 2:16 PM
NEW: I tried to explain why there are so many victims of spyware, despite the fact that its makers have been telling us for years that the tech is only intended to be used in limited cases.
There are several reasons, including how the spyware systems are designed, and how powerful they are.
There are several reasons, including how the spyware systems are designed, and how powerful they are.
In an Adam Goldman story on how Kash Patel failed to deliver on a promise to MI5 to sustain a UK post key to 5 Eyes sharing...
www.nytimes.com/2025/11/10/w...
www.nytimes.com/2025/11/10/w...
November 10, 2025 at 2:29 PM
In an Adam Goldman story on how Kash Patel failed to deliver on a promise to MI5 to sustain a UK post key to 5 Eyes sharing...
www.nytimes.com/2025/11/10/w...
www.nytimes.com/2025/11/10/w...
Note the two Dems who swapped between the March cloture vote, Gillibrand and Peters, for the two who voted to cave yesterday, Kaine and Rosen, are not necessarily consistent w/claims about protecting people.
November 10, 2025 at 2:21 PM
Note the two Dems who swapped between the March cloture vote, Gillibrand and Peters, for the two who voted to cave yesterday, Kaine and Rosen, are not necessarily consistent w/claims about protecting people.
I argue this a bit differently.
Bc cave happened between the time people got new rates and time they'll go into effect, it makes it quite clear to the people on ACA who were actually fucked w/the Big Ugly in the summer that Republicans are the ones causing the pain.
Same is true of timing of vote
Bc cave happened between the time people got new rates and time they'll go into effect, it makes it quite clear to the people on ACA who were actually fucked w/the Big Ugly in the summer that Republicans are the ones causing the pain.
Same is true of timing of vote
Not to keep thinking rationally about the dynamics at work here, but my impression from reporting was that the higher healthcare cost issue was already hitting escape velocity, right? Rs stonewalled long enough on this that higher rates on the exchanges/open enrollment was already being implemented?
November 10, 2025 at 2:11 PM
I argue this a bit differently.
Bc cave happened between the time people got new rates and time they'll go into effect, it makes it quite clear to the people on ACA who were actually fucked w/the Big Ugly in the summer that Republicans are the ones causing the pain.
Same is true of timing of vote
Bc cave happened between the time people got new rates and time they'll go into effect, it makes it quite clear to the people on ACA who were actually fucked w/the Big Ugly in the summer that Republicans are the ones causing the pain.
Same is true of timing of vote
This, from @americalabs.org (one of the smartest people abt leg procedure), counters what a lot of people are claiming about this cave. But the follow-on adds to what I noted abt setting up opportunities in January.
5) Dems showed (a) it's possible to get something out of "shutting down the government" despite what the pundits said, and (b) that they could hold together for 40 days. It's not a policy win, but it changes expectations for what they can do in the future, strengthening their negotiating position.
November 10, 2025 at 2:06 PM
This, from @americalabs.org (one of the smartest people abt leg procedure), counters what a lot of people are claiming about this cave. But the follow-on adds to what I noted abt setting up opportunities in January.
And the truly craziest thing abt this cave is that someone seeing the invasion of Chicago firsthand, Dick Durbin, doesn't understand this.
seems to me that those democrats inclined not to fight perceive themselves as living through a somewhat ordinary cycle of presidential overreach and backlash and not something much more significant and dangerous
November 10, 2025 at 1:49 PM
And the truly craziest thing abt this cave is that someone seeing the invasion of Chicago firsthand, Dick Durbin, doesn't understand this.
I feel like this needs to be said, bc some big accounts are missing it.
The people feeling the pain of shutdown:
Govt workers furloughed or working for free (Lots in VA)
Flights (note fight over private v. commercial @katieporteroc.bsky.social won)
40M losing SNAP
v
20M on ACA subsidies
The people feeling the pain of shutdown:
Govt workers furloughed or working for free (Lots in VA)
Flights (note fight over private v. commercial @katieporteroc.bsky.social won)
40M losing SNAP
v
20M on ACA subsidies
November 10, 2025 at 1:40 PM
I feel like this needs to be said, bc some big accounts are missing it.
The people feeling the pain of shutdown:
Govt workers furloughed or working for free (Lots in VA)
Flights (note fight over private v. commercial @katieporteroc.bsky.social won)
40M losing SNAP
v
20M on ACA subsidies
The people feeling the pain of shutdown:
Govt workers furloughed or working for free (Lots in VA)
Flights (note fight over private v. commercial @katieporteroc.bsky.social won)
40M losing SNAP
v
20M on ACA subsidies
Reposted by emptywheel
An early Monday morning order from Justice Jackson in the SNAP case—ordering DOJ to file any further briefs responding to last night's First Circuit ruling by 4:00 this afternoon, and allowing the plaintiffs to respond by 8:00 a.m. tomorrow.
For how we got here: www.stevevladeck.com/p/191-taking...
For how we got here: www.stevevladeck.com/p/191-taking...
November 10, 2025 at 1:21 PM
An early Monday morning order from Justice Jackson in the SNAP case—ordering DOJ to file any further briefs responding to last night's First Circuit ruling by 4:00 this afternoon, and allowing the plaintiffs to respond by 8:00 a.m. tomorrow.
For how we got here: www.stevevladeck.com/p/191-taking...
For how we got here: www.stevevladeck.com/p/191-taking...
Reposted by emptywheel
Lots of opportunities for Republicans to somehow fumble this and reclaim all blame for the shutdown.
Last night was a vote to invoke cloture on a motion to proceed to consideration of a CR that still expires on November 21st, by its terms.
Lots of work and lots of votes between that and reopening.
Last night was a vote to invoke cloture on a motion to proceed to consideration of a CR that still expires on November 21st, by its terms.
Lots of work and lots of votes between that and reopening.
November 10, 2025 at 12:57 PM
Lots of opportunities for Republicans to somehow fumble this and reclaim all blame for the shutdown.
Last night was a vote to invoke cloture on a motion to proceed to consideration of a CR that still expires on November 21st, by its terms.
Lots of work and lots of votes between that and reopening.
Last night was a vote to invoke cloture on a motion to proceed to consideration of a CR that still expires on November 21st, by its terms.
Lots of work and lots of votes between that and reopening.
Note, there are some subtleties in this pardon list.
It DOESN'T include Steve Bannon, who got added to Trump's claimed conspiracy in the last filings.
It DOESN'T include Steve Bannon, who got added to Trump's claimed conspiracy in the last filings.
Folks: The pardons are almost certainly focused on GA (they include a number of people implicated ONLY in GA), where the state will soon decide whether to appoint someone to take over the case.
They should be meaningless, but Cleta Mitchell (a key ringleader in GA and still) wanted them anyway.
They should be meaningless, but Cleta Mitchell (a key ringleader in GA and still) wanted them anyway.
November 10, 2025 at 12:54 PM
Note, there are some subtleties in this pardon list.
It DOESN'T include Steve Bannon, who got added to Trump's claimed conspiracy in the last filings.
It DOESN'T include Steve Bannon, who got added to Trump's claimed conspiracy in the last filings.
Folks: The pardons are almost certainly focused on GA (they include a number of people implicated ONLY in GA), where the state will soon decide whether to appoint someone to take over the case.
They should be meaningless, but Cleta Mitchell (a key ringleader in GA and still) wanted them anyway.
They should be meaningless, but Cleta Mitchell (a key ringleader in GA and still) wanted them anyway.
November 10, 2025 at 12:40 PM
Folks: The pardons are almost certainly focused on GA (they include a number of people implicated ONLY in GA), where the state will soon decide whether to appoint someone to take over the case.
They should be meaningless, but Cleta Mitchell (a key ringleader in GA and still) wanted them anyway.
They should be meaningless, but Cleta Mitchell (a key ringleader in GA and still) wanted them anyway.
Eight Senate Dems Caved, and Caved Too Early
With one more week, Trump would have owned far more of the responsibility for SNAP and flight cutbacks.
www.emptywheel.net/2025/11/10/e...
With one more week, Trump would have owned far more of the responsibility for SNAP and flight cutbacks.
www.emptywheel.net/2025/11/10/e...
Eight Senate Dems Caved, and Caved Too Early - emptywheel
The eight Democrats who voted for a deal to reopen government not just caved, but caved at least a week too early.
www.emptywheel.net
November 10, 2025 at 12:29 PM
Eight Senate Dems Caved, and Caved Too Early
With one more week, Trump would have owned far more of the responsibility for SNAP and flight cutbacks.
www.emptywheel.net/2025/11/10/e...
With one more week, Trump would have owned far more of the responsibility for SNAP and flight cutbacks.
www.emptywheel.net/2025/11/10/e...
Sunday: Trump applauds the resignation of Beeb execs bc Panorama truthfully said that Trump encouraged rioters.
Monday: Trump pardons over 50 of his co-conspirators and enablers in attempting to steal the 2020 election.
Monday: Trump pardons over 50 of his co-conspirators and enablers in attempting to steal the 2020 election.
November 10, 2025 at 12:25 PM
Sunday: Trump applauds the resignation of Beeb execs bc Panorama truthfully said that Trump encouraged rioters.
Monday: Trump pardons over 50 of his co-conspirators and enablers in attempting to steal the 2020 election.
Monday: Trump pardons over 50 of his co-conspirators and enablers in attempting to steal the 2020 election.
After @katieporteroc.bsky.social called out Sean Duffy for letting private flights fly while canceling commercial flights, WSJ reports some private flights will be canceled for as long as shutdown lasts (which could be a week, even if the House approves this deal).
www.wsj.com/business/air...
www.wsj.com/business/air...
November 10, 2025 at 11:31 AM
After @katieporteroc.bsky.social called out Sean Duffy for letting private flights fly while canceling commercial flights, WSJ reports some private flights will be canceled for as long as shutdown lasts (which could be a week, even if the House approves this deal).
www.wsj.com/business/air...
www.wsj.com/business/air...
This comes after @katieporteroc.bsky.social called Sean Duffy out for NOT doing this.
The Federal Aviation Administration will limit business jets and other private flights to some of the country’s largest airports to ease strains on air-traffic personnel.
FAA Limits Private Aircraft Flights at Major Airports
The restrictions will affect private jet flights at a dozen airports, including Atlanta, Dallas-Fort Worth, Denver, and Chicago’s O’Hare, according to the National Business Aviation Association trade group.
on.wsj.com
November 10, 2025 at 11:02 AM
This comes after @katieporteroc.bsky.social called Sean Duffy out for NOT doing this.
Reposted by emptywheel
The RIFs language is actually great. Not only does it rehire the people RIFed during the shutdown, it makes it an unequivocal Antideficiency Act violation to do ANY MORE RIFs through the duration of the CR (Jan 30)
Completely stops Trump/Vought Phase 2 for now
Would love to see this standardized
Completely stops Trump/Vought Phase 2 for now
Would love to see this standardized
November 10, 2025 at 12:27 AM
The RIFs language is actually great. Not only does it rehire the people RIFed during the shutdown, it makes it an unequivocal Antideficiency Act violation to do ANY MORE RIFs through the duration of the CR (Jan 30)
Completely stops Trump/Vought Phase 2 for now
Would love to see this standardized
Completely stops Trump/Vought Phase 2 for now
Would love to see this standardized
From Politico: I guess suggesting that Rand Paul will stall things even if Schumer tried to accelerate.
www.politico.com/live-updates...
www.politico.com/live-updates...
November 10, 2025 at 1:18 AM
From Politico: I guess suggesting that Rand Paul will stall things even if Schumer tried to accelerate.
www.politico.com/live-updates...
www.politico.com/live-updates...
Reposted by emptywheel
Democrats put health care subsidies in the foreground while No Kings measures to restore power of the purse stayed in the background. They then got nothing on health care, while of course letting the background stuff go, except for some short-term RIF prohibtions designed to get Kaine's vote.
Sen. @kaine.senate.gov, I'm a constituent and just called your office, but of course it's closed, so let me message you instead. Do NOT support the CR-Minibus because it does not protect Congress's power of the purse. Without such provisions, the WH will continue to ignore Congress with impunity.
What's in the CR Deal for Congress?
With a vote as early as tonight, we quickly ran the numbers
firstbranchforecast.substack.com
November 10, 2025 at 1:09 AM
Democrats put health care subsidies in the foreground while No Kings measures to restore power of the purse stayed in the background. They then got nothing on health care, while of course letting the background stuff go, except for some short-term RIF prohibtions designed to get Kaine's vote.
Don't watch much American football anymore but glad the Kitties ruined Trump's day at the park.
November 10, 2025 at 12:32 AM
Don't watch much American football anymore but glad the Kitties ruined Trump's day at the park.
Reposted by emptywheel
JUST IN: The Justice Department formally appeals U.S. District Judge Sara Ellis' preliminary injunction, which restricts the use of force against protesters and journalists.
November 9, 2025 at 9:40 PM
JUST IN: The Justice Department formally appeals U.S. District Judge Sara Ellis' preliminary injunction, which restricts the use of force against protesters and journalists.
Reposted by emptywheel
Looks like this is real. About 40% of the flight at 8k feet, then bumped up to 10k, and then finally went up higher, but only to 20k feet. Much slower than normal flight and likely burned a lot more fuel. But the view out the window was probably impressive.
www.flightaware.com/live/flight/...
www.flightaware.com/live/flight/...
November 9, 2025 at 8:48 PM
Looks like this is real. About 40% of the flight at 8k feet, then bumped up to 10k, and then finally went up higher, but only to 20k feet. Much slower than normal flight and likely burned a lot more fuel. But the view out the window was probably impressive.
www.flightaware.com/live/flight/...
www.flightaware.com/live/flight/...
Reposted by emptywheel
Last year I did a Middle Aged Man Gift Guide and Advice Thread on Mastodon.
Middle Aged Men are difficult to think of gifts for- it is why there are so many jokes about just getting them socks.
But even Middle Aged Men have gift dreams- even if they don’t know what they are themselves.
I'll help
Middle Aged Men are difficult to think of gifts for- it is why there are so many jokes about just getting them socks.
But even Middle Aged Men have gift dreams- even if they don’t know what they are themselves.
I'll help
November 9, 2025 at 9:47 PM
Last year I did a Middle Aged Man Gift Guide and Advice Thread on Mastodon.
Middle Aged Men are difficult to think of gifts for- it is why there are so many jokes about just getting them socks.
But even Middle Aged Men have gift dreams- even if they don’t know what they are themselves.
I'll help
Middle Aged Men are difficult to think of gifts for- it is why there are so many jokes about just getting them socks.
But even Middle Aged Men have gift dreams- even if they don’t know what they are themselves.
I'll help
While we're waiting to hear the terms of a shitty deal, this needs to be said. Whatever reason Trump is claiming there'll be a $2K tariff dividend (remember the $5K DOGE dividend), there'll be no such thing.
Right now Trump is staring at a $200B tariff payback hole.
www.wsj.com/politics/pol...
Right now Trump is staring at a $200B tariff payback hole.
www.wsj.com/politics/pol...
Trump Suggests $2,000 Payouts to Americans as He Defends Tariffs
President praises benefits of the levies after Supreme Court appears skeptical of his justification for many of them.
www.wsj.com
November 9, 2025 at 10:23 PM
While we're waiting to hear the terms of a shitty deal, this needs to be said. Whatever reason Trump is claiming there'll be a $2K tariff dividend (remember the $5K DOGE dividend), there'll be no such thing.
Right now Trump is staring at a $200B tariff payback hole.
www.wsj.com/politics/pol...
Right now Trump is staring at a $200B tariff payback hole.
www.wsj.com/politics/pol...