Stop tRumpnado

I've decided it's time to do a thorough after election post mortem. This is what happened: 1. In 2010, 5 SCOTUS justices voted in Citizens United to allow billionaires & corporations to spend unlimited cash on candidates willing to do what they want. 2. Everything we warned would happen, did.

Fascists are deeply unoriginal. It's the same hate on repeat. Reject it. Stand united against hate and dehumanization.

Good fucking god, did you just "not relevant" a direct question from the judge?

Reyes, before she wraps up golf course hearing, says her family has been texting her, "freaking out" over CNN report about death threats bc of this case. "A federal judge is getting death threats over a golf course. I really don’t think that’s what the founders envisioned."

Q: Why are you scapegoating immigrants for the issues you're supposed to be solving as the vice president? JD VANCE: To the extent my rhetoric has been imperfect, that's on me

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J: i rec'd aa number of texts on the break from my mother and my brother because CNN is reporting i'm getting a lot of death threats. this is where we are. a federal judge getting death threats over a golf course. i really dont think this is what the founders envisioned. adjourned. /210

DOJ: dont think that's right. J: anything else? okay, really quickly. Mark Samburg: regarding standing: our claim challenges the plan. standing goes to the plan. tree removal is a piece of the plan. if talking about remedy. clients challenging decision to destroy their course. ... /208

J: agree that 3 coordinate branches should be check on one another. ambition checks ambition. DOJ: agree J: and during c'l convention there was discussion whether courts should be allowed to act in equity. decided they should. J: if that carried the day, executive would win every time? /207

J: i think it does under NRDC v Wheeler. also National Automatic Laundry. DOJ: back on equities, we have a strong separation of powers equity for executive branch managing its own affairs. J: [clicks her pen dozens of times.] Founders had discussion about role of judiciary? DOJ: yes. /206

J: how do i find out if there is a developed plan? other than ask the Secy. I'm not going to haul the Secy in here right now. but i may ask for briefing whether I can ask you : does Secy of Interior agree there's a developed plan as Pres has stated. DOJ: dont think it matters. /205

DOJ: another analogy. agencies do this every day. develop a plan. sometimes very detailed. give plan. take notice and comment. not final till they finalized it. J: plenty of caselaw we dont have to wait till its final final final. DOJ: DoI has stated there's no final plan. /204

DOJ: we dont want to have another circumstance like we had this week. J: yeah, yeah. DOJ: that's what problem with notice req't. J: no, problem last week was *lack* of notice req't. DOJ: i'd just return to merits argument. J: what do i do with fact that President says Secy Interior is /202

DOJ: Need standing for each. as far as segmentation claim, if agency official has dual purpose. no pretext claim under NEPA. not a way to analyze. J: we are where we are. i dont think trees were cut down becuase of 2019 CLR. no reasonable inference that's the case. none. doesn't mean witnesses /199

Judge Reyes is finding that 500+ trees were cut down, not for DOJ/NPS claim of historical restoration, but to build golf course replacement Trump wants. Trump just sabotaged DOJ with post about starting new course immediately.

were lying. maybe that's what they were told. i plan at this moment to make finding that trees were cut down to effectuate WNP. could still see something that changes my mind. DOJ: at end of day, we have compelling merits argument. J: what are equities on not cutting down trees that remain? /200

i dont have confidence. [But we've had good argument today, so let's drop that.] i'm concerned here. your PI is really only focused on the tree management plan. so what do i focus on here. Plaintiffs lawyer: (I think Mark Samburg). /185

Judge Reyes back on bench. /183

DOJ: on costs, that's speculative. we just dont know. on design, plaintiffs don't have standing to contest aesthetic-- J: it's not aesthetic. ... point is I'm an amateur player ...or middle player, or even pro ... i no longer have ability to play ... DOJ: if we go down that road, have claims /181

DOJ: i'll just finish on standing. J: what if i believe pres trump that there's an imminent closure and don't believe you on that. DOJ: on this record, inconceivable there's a viable NEPA claim. it's in the teeth of Seven Counties. J: and i'm not saying that by the way. /180

J: i was with you guys while you all were taking this step by step. but now i have something totally different on my hands. something happening very quickly, not consistent with what i was told had to occur under NEPA. that's one reasons what happened last week so incredibly unfortunate. /179

standing? DOJ: their theory is they dont like the golf course design. aesthetic, cultural interest. J: we're not in the east wing world. we're in the we-use-the-course world. if i use course every week, govt takes it and turns it into parking lot, do i have an eminent domain case? DOJ: likely. /178

Judge Reyes: do i believe president of the US, or do I believe you?

J: do i believe president of the US, or do I believe you? DOJ: the NPS tells you when the course is going to close. J: so i dont believe the president DOJ: not what i said. way i would look at it is like an exec order. Claim plaintiffs are raising is to golf course design. ... /176

J: then this morning pres trump said it would start "IMMEDIATELY" you're telling me, DOJ is saying, ignore that. just listen to what we're telling hyou and that agency is sayinig there is no plan. won't close on 11/15. things won't start immediately. can't be both. DOJ: not quite right. /175

correct or incorrect. true with caveat. plan is not final. second post discusses possibility of variants. there is a plan in process. in development. J: then why are we starting it "immediately"? DOJ: as far as starting 11/15 ... read like an exec order. do everything consistent with law /174

J: in second post he said ... Doug Burgum and US DoI very excited about new course at East Potomac. Has DoI developed a plan with Fazio to develop a world-class championship course on site of East Potomac. DOJ: in process of planning. J: so this post is incorrect. DOJ not saying whether /173

DOJ: not aware of one. J: has anyone asked? Stan Woodward: there is not. DOJ: even an EO is not a final agency action. SCOTUS just held that vis-a-vis mail-in ballots. EO issued. SCOTUS said, no, not enough. J: president is not agency. but he said Secy Burgum. /172

But is there a private contract with Fazio to design a golf course on the National Park land, and who signed the contract, who agreed to pay? Is Fazio working on golf course designs for free? WTF is going on?

J: what is dept's position. is there a final plan, as Pres Trump has said, or not. DOJ: agency's position is, there's no final plan. J: what about Trump's statement that he and Dept of Interior Secy Burgum are excited about plan to build Fazio plan. is there a US contract with Fazio? /171

NEPA does not allow court to inject itself into [decision]. J: Seven Counties applies to EIS cases. DOJ: incorrect ... precedent that it applies to NEPA writ large. J: Judge Amy Berman Jackson wrote recently that Seven County only applied to EIS cases. DOJ: I'll have to follow up. /168

OMG ... DoJ "do not have that info" DOJ can not explain cases it used to prove a point in their brief. I'm dumbfounded ... with a "b"

very scenic. Cherry trees. East Potomac Park has long accommodated multiple forms of recreation. J: is there a concern that plan would impede area where runners can run? our understanding is that roadway is entirely eliminated. until now defs have claimed no final action. [hard to claim now] /143

we have nothing against golf. concern is perimeter roadway. 3 mile loop around park. [they're concerned that new Trump plan will destroy that.] our brief shows perimeter roadway is itself historic. goes back to 1897 (?). for decades runners have used. miles of interrupted roadway flat terrain. /142

Gonna start a new thread for the argument on the PI, to clean things up. Starting with Final Agency Action.

JR: Can't go forward w/o Jessica Bowron? KG: No (note that this is not what Jessica Bowron said)

This is pretty clearly the Zacharia Oval Office photo with the blurred out image

AL: First time you'd seen any of parts, particularly starting pt of reno? When did you understanding that now the work was supposed to begin immediately? GW: When I read it this morning AL: Under any action now that plan start immediately? GW: Not that aware of JR: Who would become aware?

JR: Take a moment to read it. I won't ask you if you think that I'm a crazed lunatic who may be insane. AL: Don't spend much time on that sentence. Do have another sentence, however. Move into record. Did you have a chance to see this? GW: Yes. When he posted it I saw it just like everyone else

AL: You said as early as Thursday saw this sketch. Let me put up posting by Trump before proceedings began this morning SW wants to see it JR: You didn't see what the president posted this morning? Because a lot of people sent it to me? SW: You're more important than I am, I guess?

AL: About trees GW: No. Gavin and Tom, was renderings and designs JR: What about adding fill? GW: No. I'm not a golf person so I get concepts like this and I don't really know what more I need to say

AL: Asking who involved with things, Tom Fazio. Was Gavin Fazio involved in mtgs etc. about CLR? GW: No AL: Providing info over time you said involved w/ WNP? GW: Mhm AL: Discuss tree removal w/ Gavin? GW: Not that I recall AL: Conversations w/ Fazio Design abt CLR? GW: No

JR: 5, 10, 15, 20? GW: Not a lot DOJ: Brief this JR: I bet you'll want to, yes. Add to list. Also texts to your work phone? GW: Have to check JR: Any info from Fazios to work phone about golf course? GW: To email yes but most discussions phone calls

JR: Instruct not delete. Have you phone on you? I am going to want to know the timestamp unless objection. Who received from? GW: Received from Gavin Fazio, Tom Fazio's son. I'd have to check, I get lots of texts 😎 JR: You get texts from him? GW: Occasionally when they send updated renderings

JR: When last week? AL: You're ahead of me. It's ok, you always are. GW: Maybe late Thurs. Have to check JR: How? GW: Not an email. Check my phone JR: How on phone? GW: They can send a PDF. As a text. My personal phone

So "they" which I assume is the White House is sending secret plans to redevelop a golf course to the personal phone of an NPS parks employee? This is all such insanity. You know they are doing the same thing with ICE & directives like no body cam.

AL: Did you read part about "dilapidated...very dangerous golf course"? Do you know who it was referring to when it says "his people" (Sec. Interior and his people?) GW: No AL: You mentioned earlier someone standing to left on photo as part of pres staff. Who? GW: Yes, that is Natalie Harp!

GW: Various concepts we received at various points in time. JR: How would you have received those? GW: He brought those himself (hard copies). JR: Any electronic copies from Fazio? GW: I could, don't recall. Lots of dif concepts JR: Been in email comms w/ Fazio/others outside gov?

Another photo from same day. AL says, I see you're carrying something. Certainly not the Cultural Landscape Report. What are you carrying? GW: Various conceptual proposals for the golf course. AL: Is that what I've been calling the WNP? GW: Not WNP. Concepts. Various designs. Fazio provided.

(Is that Natalie Harp? It's a woman in a hat, I'd have to look more closely so don't take my word for it but...)

AL: Can't hide behind privilege if to hide misconduct. Would apply if representations that turn out not to be the case at the meeting itself. JR: Gov entitled to brief it. Why you haven't thought to brief it before is......totally fair! You guys have been busy. (quite the U-turn lol)