The Daily Parker

House speaker Kevin McCarthy (R-CA) lost the first procedural vote to prevent a second vote aimed at kicking him out of the Speaker's chair, which will probably result in him getting re-elected in a few days. The Republicans in Congress simply have no one else who can get 218 votes for Speaker. Hakeem Jeffries (D-NY) would get 214, but no Republican would ever vote for him. And my party's caucus have absolutely no interest in helping the Romper Room side of the aisle get its own house in order.

Fun times, fun times.

In other news:

• Former US Representative Bob Inglis (R-SC) wants his party to grow up. Of course, he's (a) writing in (b) the New York Times, so there's little danger of the children currently running his party to read it.
• The US Supreme Court has the opportunity this term to undo a century of regulation, thrusting us back into the early Industrial Age and making life miserable for everyone in the country who doesn't have billionaire friends.
• Live attendance at performing arts events in Chicago has dropped 59% from pre-pandemic levels, which we in the Apollo Chorus have noted and do not like one bit.
• The Federal Emergency Management Agency will test the national alert system starting at 2:20 pm EDT tomorrow, most likely scaring the bejezus out of a sizeable portion of the Boomer generation.
• Chivas Bros. announced a plan to build a new distillery on Islay, which would be the 12th operating on the small island in the Western Hebrides. Seriously: the island is almost exactly the same size as the city of Chicago (620 km²) but with almost exactly 1,000th the population (3,000), and it will have twelve distilleries by 2026.
• A bar three blocks from my house bet everyone's drinks bill that the Chicago Bears would win their game against Kansas City on Sunday. They lost. In fact, the Bears are now the only major-league sports team in the United States that hasn't won since Elon Musk took over Twitter.

Finally, next week the western hemisphere will see an annular solar eclipse, so named because the moon won't completely cover it, leaving a ring (or annulus) of fire around it. Chicago will get to about 45% coverage, with maximum darkness around noon. Next April, however, we get a total solar eclipse, with the path of totality passing just a couple hundred kilometers south of us.

The former CEO of FTX Trading goes on trial today for making $8 billion disappear in just under three years. Molly White has a precis:

About eleven months ago, the then second-largest cryptocurrency exchange in the world imploded over the course of only a few days as trust in the company crumbled and it failed to meet a surge of customer withdrawals. It rapidly became apparent that customer money was missing. A lot of it.

Since then, it’s come out that FTX allowed its sister trading firm, Alameda Research, to dip into FTX’s customer funds with effectively no limit to backstop their own trading losses. Much of FTX’s balance sheet was also revealed to be denominated in flimsy crypto tokens worth far less in reality than on paper, and a substantial portion of them had been created out of thin air by FTX itself. And the FTX group of companies had spent money they didn’t have, splashing out for extravagant celebrity endorsements and advertisements, buying real estate, and donating massive sums to curry favor among seated politicians and bankroll the industry boosters running for office.

Altogether, somewhere around $8 billion was gone.

Besides Sam Bankman-Fried, four other high-level executives at the FTX group of companies have been charged, and all four have reached plea deals. Three of them agreed to cooperate with the investigation as a part of their plea, and will almost certainly appear as witnesses at the trial. They were not just Bankman-Fried’s employees and co-workers, but also his friends, roommates, confidants, and, in one case, a former romantic partner.

There’s no question that billions of dollars of customer funds went missing from FTX. Instead, prosecutors are tasked with convincing a jury that they’re missing thanks to intentional fraud by Sam Bankman-Fried. The “intentional” part is the sticky bit, with prosecutors needing to convince all twelve jurors beyond a reasonable doubt that Bankman-Fried intended to defraud people. If even one juror holds out, Bankman-Fried could dodge a guilty verdict thanks to a hung jury — and trying to appeal to just one sympathetic juror may be his only hope in what looks like a pretty overwhelming case against him.

Since his resignation from FTX, Bankman-Fried has tried to portray himself as a colossally stupid man, who was simply too dumb to commit fraud. Unfortunately, stupidity doesn't actually exonerate criminal behavior. He only needs to have intended the actions, not the harm. And from the outside, it looks like he wasn't so much stupid as greedy, immature, narcissistic, and venal.

Get out the popcorn.

I haven't had the most productive morning ever, but I should get back into coding after I take Cassie on her lunchtime walk. Meanwhile:

• California governor Gavin Newsom (D) has announced he would appoint Emily's List president Laphonza Butler to serve out the remainder of the late US Senator Dianne Feinstein's term.
• The XPOTUS has shown up to his fraud trial in New York today, in what Michael Tomasky hopes will utterly ruin the man.
• In the Post, Michael Lewis examines the last year of Sam Bankman-Fried's life in the Crypto game.
• US Representative and clownish dingleberry Matt Gaetz (R-FL) threatened to call a vote on House Speaker Kevin McCarthy's (R-CA) tenure, but since just about everyone in his party can't stand him, the threat is going nowhere. But as Aaron Blake points out, my party won't save McCarthy either.

Finally, just look at this wonderful creature who got a bath yesterday. She actually climbed into the tub on her own, and seems to have figured out that getting a vigorous whole-body massage with warm water, followed by an equally-vigorous toweling off, actually feels pretty good.

It's only Wednesday? Sheesh...

• The Writers Guild of America got nearly everything they wanted from the Alliance of Motion Picture and Television Producers (i.e., the Astroturf organization set up by the big studios and streamers to negotiate with the Guilds), especially for young writers and for hit shows, but consumers should expect more bundling and higher monthly fees for shows in the future.
• Josh Marshall suspects that the two competing storylines about the XPOTUS (that he's about to return to power, but he's also losing every legal battle he fights) are actually just one: his "current posture of bravado and menace – while real enough as a threat – is simply his latest con, concealing a weaker and more terrified reality."
• Jamie Bouie marvels that Justice Clarence Thomas (R$) wins the trifecta: "We have had partisan justices; we have had ideological justices; we have had justices who favored, for venal reasons, one interest over another. But it is difficult to think of another justice, in the history of the Supreme Court, who has been as partisan and as ideological and as venal as Thomas...."
• Melissa Gira Grant profiles US District Court Judge Matthew Kacsmaryk (R-NDTX), a Christian nationalist who rose through the Federalist Society pipeline to a lifetime appointment where he will push his Victorian-era views on the people of Texas for the next 30 years or so.
• North Korea vomited up US Army Private 2nd Class Travis King, having used him for the little he was worth after the soon-to-be-dishonorably-discharged soldier illegally entered the kingdom in July.
• Kelli María Korducki worries that "in the age of AI, computer science is no longer the safe major," not realizing, perhaps, that the most effective programmers are and have always been liberal arts majors.

Finally, yet another fact that will make everyone I know feel old: today is Google's 25th birthday. And yes, the Daily Parker has been around longer trillion-dollar search company. We just haven't had our IPO yet.

New York Supreme Court (i.e., trial court) judge Arthur Engoron ruled yesterday that the XPOTUS's eponymous family business committed fraud on such a scale that the company is no longer allowed to do business in New York State:

The surprising decision...is a major victory for Attorney General Letitia James in her lawsuit against Mr. Trump, effectively deciding that no trial was needed to determine that he had fraudulently secured favorable terms on loans and insurance deals.

Ms. James has argued that Mr. Trump inflated the value of his properties by as much as $2.2 billion and is seeking a penalty of about $250 million in a trial scheduled to begin as early as Monday.

Justice Engoron wrote that the annual financial statements that Mr. Trump submitted to banks and insurance companies “clearly contain fraudulent valuations that defendants used in business.”

While the trial will determine the size of the penalty, Justice Engoron’s ruling granted one of the biggest punishments Ms. James sought: the cancellation of business certificates that allow some of Mr. Trump’s New York properties to operate, a move that could have major repercussions for the Trump family business.

In his order, Justice Engoron wrote scathingly about Mr. Trump’s defenses, saying that the former president and the other defendants, including his two adult sons and his company, ignored reality when it suited their business needs. “In defendants’ world,” he wrote, “rent-regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land; restrictions can evaporate into thin air.”

The judge also levied sanctions on Mr. Trump’s lawyers for making arguments that he had previously rejected. He ordered each to pay $7,500, noting that he had previously warned them that the arguments in question bordered on being frivolous.

Wow. Who would have imagined that possibly the biggest grifter the United States has ever known, a man psychologically incapable of telling the truth, would have lied about his businesses? I mean, other than the sentient beings who have been laughing out loud at the man's self-description as a "billionaire" ever since he first uttered the word.

We've known for years that his "business empire" was a Potemkin village of naming rights and loans, with so many bankruptcies and defaults literally no respectable bank (and few disrespectable ones) would lend him any more money. Anyone who lived in New York as far back as the 1980s knew then that any nickels he could rub together came from someone else. But knowing he was full of shit and relying on fraudulent financial disclosures are two different things under the law.

I guess he'll have a few more bankruptcies under his immense belt soon. They'll go nicely with the 91 criminal charges against him.

And still, a third of the country think this man can do no wrong. Homines liber volunt credunt.

The Writers Guild of America's negotiating committee announced the tentative deal last night:

We can say, with great pride, that this deal is exceptional – with meaningful gains and protections for writers in every sector of the membership.

What remains now is for our staff to make sure everything we have agreed to is codified in final contract language. And though we are eager to share the details of what has been achieved with you, we cannot do that until the last “i” is dotted. To do so would complicate our ability to finish the job. So, as you have been patient with us before, we ask you to be patient again – one last time.

To be clear, no one is to return to work until specifically authorized to by the Guild. We are still on strike until then. But we are, as of today, suspending WGA picketing. Instead, if you are able, we encourage you to join the SAG-AFTRA picket lines this week.

The last bit means that writers and actors still haven't returned to work, and probably won't for a week or two. Plus, writers may choose not to cross the actors' picket lines. But after 145 days of AMPTP stonewalling, the studio CEOs who attended negotiations last week seem to have knocked some sense into their own committee.

US Senator Bob Menendez (D-NJ) has gotten himself indicted again for stupefying corruption:

The three-count federal indictment depicts a brazen plan hatched during furtive dinners, in text messages and on encrypted calls — much of it aimed at increasing U.S. assistance to Egypt and aiding businessmen in New Jersey.

Mr. Menendez’s wife, Nadine Menendez, is accused of acting as a go-between, passing messages to an American-Egyptian businessman, Wael Hana, who maintained close connections with Egyptian military and intelligence officials, the indictment said. In one text, to an Egyptian general, Mr. Hana referred to the senator, who held sway over military sales, financing and other aid, as “our man.”

Friday’s charges describe an intermingling of the bare-knuckle, back-room dealings of Mr. Menendez’s home state of New Jersey and delicate matters of security in the Middle East. They represent the latest episode in a decades-long political career that took Mr. Menendez, the son of Cuban immigrants, from the Union City, N.J., school board to the halls of the Senate, a career marked by accusations of corruption and an earlier federal indictment that ended in a hung jury.

Dan Friedman marvels at the indictment:

Prosecutors say the New Jersey Democrat and his wife took hundreds of thousands of dollars via gold bars, mortgage payments, a Mercedes-Benz convertible, and cash that investigators found hidden in envelopes inside jackets bearing the senator’s name.

But what’s particularly striking about this indictment—besides the sheer brazenness of the alleged bribery—is that this is the second time Menendez has faced corruption charges in less than a decade. In 2015, he was charged with using his office to do favors for a Florida eye doctor, Salomon Melgen, who lavished Menendez with luxury items and free travel. Menendez, who claimed he and Melgen were simply friends who exchanged gifts, avoided conviction after a hung jury caused a mistrial in 2017. Melgen was convicted of Medicare fraud in 2017, but President Donald Trump commuted his 17 year prison sentence.

In 2018, the Senate Ethics Committee admonished Menendez, noting that despite the mistrial, Menendez had admitted to taking official actions to help Melgen while accepting gifts from him that the senator failed to disclose “as required by Senate Rules and federal law.” The committee said that Menendez’s actions “reflected discredit upon the Senate.”

The new charges suggest that the unusually sharp condemnation from his colleagues did not cause Menendez to cease ethically questionable, if not illegal, conduct. And Senate Democrats did nothing to stop him. Menendez’s 2018 reelection to a third Senate term, and an agreement by Senate Democratic Leader Chuck Schumer and other Democrats to allow Menendez to return to a top spot on the Senate Foreign Relations Committee—he became chairman when his party took control of the chamber in 2021—gave Menendez the power that the Justice Department now alleges he used corruptly.

I lived in New Jersey years ago—in fact, just after I started The Daily Parker—so I get that the state has a rep to uphold. But wow, the man needs to resign right now. New Jersey Governor Phil Murphy is also a Democrat, so should Menendez unexpectedly do the right thing, Murphy would appoint a new senator immediately. (As long as Murphy doesn't start marveling at "this thing [that's] fucking golden," we should be all right.)

Special prosecutor Jack Smith has requested US District Court Judge Tanya S Chutkan issue an order telling the XPOTUS to stop threatening people online:

In a 19-page motion, prosecutors said that some of the people Mr. Trump has gone after on social media — including the special counsel, Jack Smith, who has filed two indictments against him — have experienced subsequent threats from others. Mr. Trump’s statements, they said, could also affect witnesses and the potential jury pool for the trial, which is scheduled to take place in Washington starting in March.

“Like his previous public disinformation campaign regarding the 2020 presidential election,” [prosecutors] wrote, “the defendant’s recent extrajudicial statements are intended to undermine public confidence in an institution — the judicial system — and to undermine confidence in and intimidate individuals — the court, the jury pool, witnesses and prosecutors.”

Meanwhile, attorney Jenna Ellis, who had greatness thrust upon her but now regrets it, called her former boss a "malignant narcissist" who poisons everything he touches. Of course, he doesn't seem to know who he's running against next year, saying in a speech yesterday that he thought Obama was going to take us into World War II if we're not careful... And 46% of the country will still vote for him.

Unrelated to the 2024 election, I found this website very interesting...

IDTWHQ almost made it to 22°C this afternoon, with a low dewpoint, sunny skies, and a lake breeze. In other words, perfect. Of course, the sun sets just after 7pm tonight, fully an hour earlier than it did five weeks ago...but that's autumn for you.

Not everything in the world went perfectly today, of course:

• House Speaker and noted invertebrate Kevin McCarthy (R-CA) continues to survive as third in line to the Presidency even though his unhinged back bench keeps forcing him to do stupid things, like start an impeachment inquiry on literally zero evidence.
• Alex Shephard actually sees this as a good thing for Democrats, as the "clown show" comes just as the House needs to pass a spending bill or the government will, once again, shut down.
• Meanwhile, satirist Andy Borowitz jokes that House Republicans "demand Biden tell them why they are impeaching him."
• Back in Chicago, it turns out only 9.6% of the city's waste got recycled in 2022, compared with 20% in New York and 80% in San Francisco.
• On Monday, Illinois becomes the first state in the union to eliminate cash bail.

Finally, our moderate drought continues in Illinois, but so far most agriculture seems unaffected. A dry autumn usually means a colorful one, so maybe we'll stay just under normal rainfall long enough to repeat last autumn's amazing display?

Former college football coach Tommy Tuberville, now a United States Senator grâce a the wisdom and good sense of the fine people of Alabama, continues to degrade the United States military by preventing the US Senate from confirming 301 (and counting) general and flag officers from formally taking the jobs they're already doing. Earlier this month, the commanders of the Naval Air Forces and Naval Sea Systems Command retired, passing their responsibilities—but, crucially, not their policy-setting powers—to their putative successors. US Senator Mark Kelly (D-AZ), a retired US Navy Captain and 4-time Space Shuttle astronaut, stopped just short of calling Tuberville an idiot on today's NPR Morning Edition.

In other news:

• One of the last sane Republican office holders, US Senator Mitt Romney (R-UT), announced he won't seek re-election in 2024.
• One of the least-sane Republican office holders, US Representative Lauren Boebert (R-CO), got thrown out of a performance of the Beetlejuice musical in Denver for, among other things, being a Karen when told to stop all the other things she was doing to disrupt the show.
• Contra David Ignatius' column in the Post yesterday advocating for President Biden to step aside in 2024, Josh Marshall has a simple message for my party: "Biden’s age is a real challenge. But the whole question is locked up. It’s locked in. So everyone who wants to beat Trump needs to absorb that, stop whining and buck up."
• ProPublica takes us through the chronology of the Navy's failed $100 billion Littoral Combat Ship (LCS) program, that tried to support three entirely different mission profiles and, consequently, does none of them well. (This is why we're building a bunch more Arleigh Burke-class destroyers and reintroducing frigates after a 35-year construction hiatus.)
• After a 13-year construction hiatus, the Hudson River tunnel connecting New Jersey Transit to Penn Station will resume in 2025, with a projected opening in 2035. (NB: A British-French consortium dug the 50-kilometer Chunnel in six years for the 2023 equivalent of £14 billion. If it finishes by 2035, the 3-kilometer Gateway Tunnel will have taken 25 years and cost over $16 billion.)
• Transport for London (TfL) announced that most of London inside the M-25 is now an ultra-low-emissions zone (ULEZ) with motorist fees of £12.50 ($15.61) per day for cars that don't meet the current emissions standards. The government has also pledged £163 million ($204 million) to scrap old cars that don't qualify for the ULEZ.
• A NIMBY group in Minneapolis has temporarily halted implementation of the city's environmentally-necessary zoning changes that would allow more housing density by—get this—using Minnesota's 1970s-era environmental laws.
• By the way, cars aren't just giving us asthma and killing more people than any other cause in the United States and Canada, they're also bankrupting us.
• Here's what you need to know about the latest Covid booster. I'm getting mine Tuesday.

Finally, John Scalzi's blog turned 25 today, making the Hugo-winning author a relative new arrival to the blogging scene, at least when compared with The Daily Parker.