Good Evening:
We really don’t.
Today on #DogShirtTV, the estimable Holly Berkley Fletcher showed up with a unified field theory of the Pete Hegseth confirmation hearings. It’s about where porn and evangelical culture meet: misogyny. Who knew? You think you’re just going to talk about a wildly unqualified alcoholic nominee for Secretary of Defense, but no, wait, actually it’s a theological discussion about the role of women—and porn.
The cactus was also there:
The Situation: Bondi Aspires to Normalcy
In my column today, I evaluate Pam Bondi’s performance in her confirmation hearing before the Senate Judiciary Committee on her nomination to be attorney general. I note that despite the fact that her remarks “bore a semblance of normalcy” compared to those of other Trump cabinet nominees, the real test of her normalcy—and her limits—will occur when the president-elect inevitably makes unlawful or normatively improper demands of the Department of Justice:
That Bondi aspires to normalcy is good. Could it be a smokescreen for an aggressive agenda of politicization of law enforcement? It could. Even more likely, it could be the sort of thing a nominee says because it’s the sort of thing a nominee says, and nobody—including Bondi—will know what her limits are, or if she has any, until The Situation tests her.
Today On Lawfare
Notes on the Smith Report, Vol. 1
Quinta Jurecic and Roger Parloff discuss the key takeaways from Volume 1 of Special Counsel Jack Smith’s final report on the Jan. 6 prosecution of President-elect Donald Trump. They break down Smith’s reasoning behind not filing certain charges, how he navigated election year sensitivities, and a number of other issues:
Throughout the document, Smith explains his thinking not just on issues disputed by experts—like the question of his conduct in an election year—but also seems to be aiming some of the discussion at members of the public. He gives, for example, as a lengthy explanation of the process for obtaining a search warrant or court order for electronic communications. Along these lines, he also provides an exhaustive level of detail concerning how his office considered charges under the department’s Principles of Federal Prosecution, which guide prosecutors in deciding whether to bring a case. This explanation serves a dual purpose: it not only provides a record of Smith’s thinking, but also helps clarify to the public the values that prosecutors traditionally adhere to. Given Trump’s contempt for the Justice Department and his threats to engineer investigations against his political opponents, this choice by Smith has a particular charge.
Could the Populist Right Take Back Poland?
Tadeusz Koczanowicz analyzes the positive reaction of Poland’s right-wing Law and Justice party to Trump’s reelection. Despite the party’s widespread belief that Trump’s election will spark a “red wave” in Europe, Koczanowicz suggests that unpopular policy positions make it unlikely that Law and Justice will return to power:
At the moment, Law and Justice is not particularly well equipped to conduct a successful campaign. Poland’s top electoral commission found it responsible for misusing government funds, causing it to lose public subsidies—the main source of funding for political campaigns. Though this decision was overturned by the Supreme Court (which is separate from the Constitutional Court), some of this court’s members were appointed with legal flaws due to Law and Justice’s attempts to take control over the judicial system, and it’s unclear whether the ruling will go into effect. In the meantime, a former vice-minister of justice from Law and Justice has fled to Hungary and was granted asylum. Polish prosecutors want to arrest him for being involved in misusing public funds intended to aid crime victims. Law and Justice’s electorate has met his flight with understanding, but it might be seen as problematic among the wider public, to which the party must appeal in presidential elections.
Why The Terrorgram Collective Designation Matters
Colin P. Clarke, Camden Carmichael, and Seamus Hughes explain the significance of the U.S. State Department’s designation of Terrorgram Collective as Specially Designated Global Terrorists. Unlike previous designations, the designation of Terrorgram Collective—which has adherents in the United States—will directly affect American citizens:
The State Department’s designation provides the Justice Department with a new avenue to pursue sanctions violations against Terrorgram Collective members. Unlike previous designations of transnational white supremacist groups—such as the Russian Imperial Movement (RIM) which lacked a stable cadre of adherents within the United States— the Terrorgram designation will likely have more immediate ramifications because it targets a group that actively includes American citizens.
Podcasts
On Lawfare Daily, I speak to Anna Bower about secretary of defense nominee Pete Hegseth’s confirmation hearing before the Senate Armed Services Committee:
Caroline Cornett shared the audio from the Hegseth confirmation hearing. Members of the Senate Armed Services Committee questioned Hegseth about his past comments on women in the military, qualifications for the role, “wokeness” and diversity, equity, and inclusion, his plans to reform the Navy, and allegations of sexual assault against him:
Videos
This afternoon, I spoke to Bower, Tyler McBrien, and Scott Anderson about the confirmation hearings of Pam Bondi to be attorney general, John Ratcliffe to be CIA director, and Marco Rubio to be secretary of state:
Tell Me Something Interesting
Today is the 106th anniversary of the Great Molasses Flood. No, we’re not making this up. It was a real thing.
From boston.gov:
At midday on January 15, 1919, Boston's North End was full of workers and residents venturing outdoors to enjoy unseasonably warm weather. At about 1 p.m., they heard a low rumble. At first, many assumed it was a Boston Elevated train approaching. But, within minutes, they realized something was very wrong. A 50-foot tall tank full of industrial grade molasses had ruptured, sending a 2.3 million gallon wave of molasses rushing through the crowded North End.
Leave aside, for a moment, the question of whether molasses really can rush. When people talk about something moving at the speed of molasses, the reference is not typically to something moving quickly. But let’s put that point aside for a moment.
If you’re wondering what it looks like when a city goes head-to-head with two million gallons of molasses, at whatever speed, it looks like this:
So, as our country hurtles towards our confrontation with destiny, remember that even the sugar may be the enemy. Stay vigilant.
Today’s #BeastOfTheDay is the platypus, seen here flipping, flopping, nosing, scratching, and generally being a Beast of dignity and distinction. Today, in honor of the platypus, make sure to roll over dramatically, frighten some birds, or at least scratch your belly in public.
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