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Daily Archives: September 25th, 2022


September 23, 20226:32 PM CDTLast Updated 2 days ago

Reuters

Sept 23 (Reuters) – Some investors are backing out of Digital World Acquisition Corp’s (DWAC.O) plan to acquire former U.S. President Donald Trump’s social media firm Truth Social, the blank-check firm said on Friday.

Digital World said it had received termination notices from private investment in public equity (PIPE) investors ending nearly $139 million in investments out of the $1 billion commitment it had previously announced.

Investors, who signed the PIPE commitment about one year ago, are free to move their money after the Sept. 20, 2022 deadline if the deal has not completed.

Digital World did not disclose the investors that pulled out. Sources told Reuters Sabby Management, which had committed $100 million to the PIPE, is one of the investors who have terminated.

Sabby Management declined to comment.

More investors could pull out in the next few weeks, sources said, as they can terminate anytime after the deadline. Many are waiting for DWAC to propose more preferred terms to PIPE investors, sources added.

The deal between the special purpose acquisition company (SPAC) and Trump Media and Technology Group (TMTG), which owns Truth Social, has been on ice due to civil and criminal probes into the circumstances around the agreement.

TMTG did not immediately respond to a request for comment.

The SPAC had been hoping the U.S. Securities and Exchange Commission, which is reviewing Digital World’s disclosures on the deal, would have given its blessing by now.

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Heather Cox RichardsonSep 25
 
 

In Arizona, Pima County Superior Court Judge Kellie Johnson has restored a law put into effect by Arizona’s Territorial legislature in 1864 and then reworked in 1901 that has been widely interpreted as a ban on all abortions except to save a woman’s life. Oddly, I know quite a bit about the 1864 Arizona Territorial legislature, and its story matters as we think about the attempt to impose its will in modern America.

In fact, the Civil War era law seems not particularly concerned with women handling their own reproductive care—it actually seems to ignore that practice entirely. The laws for this territory, chaotic and still at war in 1864, appear to reflect the need to rein in a lawless population of men.

The criminal code talks about “miscarriage” in the context of other male misbehavior. It focuses at great length on dueling, for example— making illegal not only the act of dueling (punishable by three years in jail) but also having anything to do with a duel. And then, in the section that became the law now resurrected in Arizona, the law takes on the issue of poisoning.

In that context, the context of punishing those who secretly administer poison to kill someone, it says that anyone who uses poison or instruments “with the intention to procure the miscarriage of any woman then being with child” would face two to five years in jail, “Provided, that no physician shall be affected by the last clause of this section, who in the discharge of his professional duties deems it necessary to produce the miscarriage of any woman in order to save her life.”

The next section warns against cutting out tongues or eyes, slitting noses or lips, or “rendering…useless” someone’s arm or leg.

The law that is currently interpreted to outlaw abortion care seemed designed to keep men in the chaos of the Civil War from inflicting damage on others—including pregnant women—rather than to police women’s reproductive care, which women largely handled on their own or through the help of doctors who used drugs and instruments to remove what they called dangerous blockages of women’s natural cycles in the four to five months before fetal movement became obvious.

Written to police the behavior of men, the code tells a larger story about power and control.

The Arizona Territorial legislature in 1864 had 18 men in the lower House of Representatives and 9 men in the upper house, the Council, for a total of 27 men. They met on September 26, 1864, in Prescott. The session ended about six weeks later, on November 10.

The very first thing the legislators did was to authorize the governor to appoint a commissioner to prepare a code of laws for the territory. But William T. Howell, a judge who had arrived in the territory the previous December, had already written one, which the legislature promptly accepted as a blueprint.

Although they did discuss his laws, the members later thanked Judge Howell for “preparing his excellent and able Code of Laws” and, as a mark of their appreciation, provided that the laws would officially be called “The Howell Code.” (They also paid him a handsome $2500, which was equivalent to at least 5 years’ salary for a workingman in that era.) Judge Howell wrote the territory’s criminal code essentially single-handedly.

The second thing the legislature did was to give a member of the House of Representatives a divorce from his wife.

Then they established a county road near Prescott.

Then they gave a local army surgeon a divorce from his wife.

In a total of 40 laws, the legislature incorporated a number of road companies, railway companies, ferry companies, and mining companies. They appropriated money for schools and incorporated the Arizona Historical Society.

These 27 men constructed a body of laws to bring order to the territory and to jump-start development. But their vision for the territory was a very particular one.

The legislature provided that “No black or mulatto, or Indian, Mongolian, or Asiatic, shall be permitted to [testify in court] against any white person,” thus making it impossible for them to protect their property, their families, or themselves from their white neighbors. It declared that “all marriages between a white person and a [Black person], shall…be absolutely void.”

And it defined the age of consent for sexual intercourse to be just ten years old (even if a younger child had “consented”).

So, in 1864, a legislature of 27 white men created a body of laws that discriminated against Black people and people of color and considered girls as young as 10 able to consent to sex, and they adopted a body of criminal laws written by one single man.

And in 2022, one of those laws is back in force in Arizona.

Notes:

https://azmemory.azlibrary.gov/digital/collection/hxazstatutes/id/0/rec/2

John S. Goff, “William T. Howell and the Howell Code of Arizona,” American Journal of Legal History 11 (July 1967): 221–233.

Acts, Resolutions and Memorials, Adopted by the First Legislative Assembly of the Territory of Arizona (Prescott: Office of the Arizona Miner, 1865). 

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September 23, 2022
Heather Cox Richardson
Sep 24
 Today, House minority leader Kevin McCarthy (R-CA) and Representative Elise Stefanik (R-NY), who took over as the chair of the House Republican Conference after the party rejected Representative Liz Cheney (R-WY) for her refusal to back the January 6 insurrection, released the House Republicans’ plan for the country.

Covering just a single page, it presents vague aspirations—many of which Biden has already put in place—but focuses on the radical extremes of the MAGA party while trying to make those extremes sound mild.

The so-called “Commitment to America” calls for a strong economy, a safe nation, a free future, and an accountable government. So far, so good.

But the first topic—making the economy strong—is a paraphrase of what the Biden administration has been doing. The Republicans call for fighting inflation and lowering the cost of living, making America energy independent, bringing down gas prices, strengthening the supply chain, and ending the country’s dependence on China.

This is quite literally the platform of the Democrats, but while the Republicans offer no actual proposals to contribute to these goals, Biden has taken concrete steps to address inflation by taking on the shipping monopolies that hiked transportation costs, for example, while Democrats in Congress have passed legislation capping the cost of certain prescription medications. Biden has released reserves to help combat high gas prices, which have now fallen close to their cost last March—a barrel of oil is now under $80—while expanding our nation’s pool of truck drivers and just last week averting a train strike that would have endangered supply chains. The incentives in the Inflation Reduction Act are designed specifically to make America energy independent while addressing climate change, and Biden’s extraordinary efforts to support economic development in the Indo-Pacific region, along with the CHIPS and Science Act, were explicitly designed to reduce U.S. dependence on China.

It feels rather as if the Republicans recognize that Biden’s policies are popular, and are hoping that voters haven’t noticed that he is actually putting them in place.

Then the document gets to the heart of its argument, recycling MAGA talking points in language that makes it very attractive. Who doesn’t want national safety, for example?

But national safety is described here as securing the border and combatting illegal immigration (something already in place), adding 200,000 police officers through recruiting bonuses, cracking down on prosecutors and district attorneys who refuse to prosecute crimes (this is likely directed at those who say they will not prosecute women for obtaining abortions), criminalizing all fentanyl, and supporting our troops and exercising peace through strength (which likely means reversing Biden’s emphasis on multilateral diplomacy to return to using the U.S. military as a global enforcer)— all MAGA demands.

“A Future That’s Built on Freedom” is a similar sleight of hand, meaning something far from the freedom of the recent past. Here it means giving parents control over their childrens’ education (more book banning and laws that prohibit teaching subjects that make students “uncomfortable”), “defend[ing] fairness by ensuring that only women can compete in women’s sports” (there’s the anti-trans statement), achieving “longer, healthier lives for Americans” by what appears to be getting rid of the Affordable Care Act, and what appears to be a defense of the use of ivermectin and other quack cures popular on the right (“lower prices through transparency, choice, and competition,” “invest in lifesaving cures,” and “improve access to telemedicine”). It also demands confronting “Big Tech” to make it fair, which is likely a reference to the right wing’s conviction that social media discriminates against it by banning hate speech.

The section about accountable government calls for preserving constitutional freedoms, which they interpret as an apparent national ban on abortion—a constitutional right until this past June—saying they will “protect the lives of unborn children and their mothers.” They defend “religious freedom,” which the right wing, including the Supreme Court, has interpreted as freedom for Christian schools to receive public tax money and for Christian coaches to pray with students. The document also calls for safeguarding the Second Amendment, which the right wing has increasingly interpreted since the 1970s to mean that the government cannot regulate gun ownership.

This section of the document calls for rigorous oversight of the government “to rein in government abuse of power and corruption,” providing “real transparency,” and requiring the White House “to answer for its incompetence at home and abroad.” It also says Republicans will “save and strengthen Social Security and Medicare.”

While the part of this section that calls for stopping government abuse and incompetence seems rich coming from the MAGA Republicans, the statement that they intend to protect Social Security and Medicare strikes me as I felt when hearing Trump tell voters in 2020 that he would protect Obamacare at the very time his lawyers were in court trying to overturn the law. Now, in this moment, leading Republicans have vowed to get rid of Social Security and Medicare, which is an interesting way to “save and strengthen” them.

Similarly, the section promising to “restore the people’s voice” calls for voting restrictions.

In short, the document feels like the doublespeak from George Orwell’s dystopian novel 1984. To defend the indefensible, Orwell wrote in an essay titled “Politics and the English Language,” “political language has to consist largely of euphemism, question-begging and sheer cloudy vagueness…. The great enemy of clear language is insincerity. When there is a gap between one’s real and one’s declared aims, one turns, as it were, instinctively to long words and exhausted idioms, like a cuttlefish spurting out ink.”

Former House speaker Newt Gingrich (R-GA), who focused on the power of language to alter reality and who helped to write the 1994 Contract with America that enabled the Republicans to take control of the House for the first time since 1954, worked on this document. The Contract with America, which party leaders called a contract as a promise that it would be binding, led the Republicans to shut down the government for 28 days between November 1995 and January 1996 to get their way before they entirely abandoned the “contract.”

To sell today’s document to voters, Republicans used a slick video, but Jennifer Bendery of HuffPost noted that the film uses stock videos from Russia and Ukraine in its “Commitment to America.” When Bendery reached out to McCarthy for comment, his spokesperson Mark Bednar responded: “Interesting how you guys aren’t remotely interested in the issues facing the American people in the video.”

But will it work? The document tries to win Trump voters without actually mentioning Trump, who now alienates all but his fervent supporters. But he continues to dominate the Republican Party and to grab the headlines. Tonight, 60 Minutes teased a story that will broadcast on Sunday and is already raising eyebrows. In it, Denver Riggleman, former senior tech advisor for the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, said that the White House switchboard connected a call to a rioter’s phone while the Capitol was under siege on January 6, 2021.—Notes:https://www.huffpost.com/entry/house-republicans-commitment-to-america-stock-footage-russia-ukraine_n_632dc7afe4b0d12b5404bab160 Minutes @60MinutesThe White House switchboard connected a call to a rioter while the Capitol was under siege on January 6, 2021, according to former January 6 committee staffer Denver Riggleman. “I only know one end of that call,” Riggleman said. cbsn.ws/3BDxkopImageSeptember 23rd 202213,260 Retweets32,088 Likeshttps://www.pbs.org/newshour/politics/gop-leaders-roll-out-commitment-to-america-midterm-election-agenda-but-challenges-remainRonald Klain @WHCOSOil has fallen below $80/barrel today. This makes this @POTUS message from yesterday even more compelling. President Biden @POTUSGas prices fell by $1.30 this summer, that’s good news for families. But energy companies are making record profits and retailer margins are 30% above normal. That’s money that should be in folks’ pockets. Industry must pass savings on to consumers by lowering prices. Now.September 23rd 2022593 Retweets2,240 LikesShareLikeCommentShare

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