from Seeking Rents ( This is Seeking Rents, a newsletter and podcast devoted to producing original journalism — and lifting up the journalism of others — that examines the many ways that businesses influence public policy across Florida, written by Jason Garcia. Seeking Rents is free to all. But please consider a voluntary paid subscription, if you can afford one, to help support our work. )…by Jason Garcia: “Car dealers are lobbying to make sure consumers must keep haggling with high-pressure salesmen: Lobbyists for some of Florida’s biggest car dealerships have written legislation that would block consumers from buying electric cars directly from manufacturers like Ford and Honda.: Florida’s car dealers want to make you haggle with a high-pressure salesman if you want to buy a new electric car from a company like Ford or Honda.
Amid a growing national push to let more car manufactures sell electric vehicles directly to consumers, lobbyists representing some of the state’s biggest dealerships have written legislation that would strengthen a decades-old state franchising law that forces Florida consumers to buy most new cars through middlemen dealers, each of whom controls their own territory.
The bills (HB 637, SB 712) would cement the role of dealers in a variety of ways. For instance, they would make it illegal for car manufacturers to make their dealers set transparent, non-negotiable prices for vehicles — allowing the dealers to continue hiding prices and layering in lots of last-minute fees. They would also block manufacturers from making dealers establish clear and consistent terms for trade-ins, insurance and financing.
The bills would even prevent Floridians going directly to an established car company like Ford, ordering a customized car online, and choosing where to have it shipped for delivery.
“We want to make sure that dealers continue to be allocated vehicles — that we don’t become a system where the manufacturer directly takes reservations from customers…and then the customer tells the manufacturer, ‘Send it to this dealer, send it to that dealer,’” John Forehand, the general counsel for the Florida Automobile Dealers Association said in a video explaining the legislation.
Dubbed by lobbyists as the “Dealer Bill,” the legislation gets its first hearing Thursday morning in the House’s Regulatory Reform & Economic Development Subcommittee. The House version is sponsored by Rep. Jason Shoaf, a Republican from Port St. Joe.
One week after filing the Dealer Bill in the state House, records show Shoaf received a $10,000 campaign contribution from Braman Motors — the dealership company owned by billionaire magnate Norman Braman and one of the companies that helped write the legislation, according to the dealers association.
Shoaf is hardly unique. Records show that the Florida Automobile Dealers Association showered more than $1 million on Florida politicians over the past two years — which included $230,000 to committees controlled by Senate President Kathleen Passidomo (R-Naples) and another $50,000 to Sen. Ben Albritton (R-Naples), the second most-powerful state senator. Braman Motors has plowed more than $600,000 more into Florida politicians over the same period.
Gov. Ron DeSantis, who would have to sign or veto this legislation, has raised more than $2 million from car dealers over the past two years — including $225,000 from Daytona Toyota, $75,000 from Norman Braman and Braman Motors, and $50,000 from Bozard Ford in St. Augustine. ( what do you think about the chances DeSantis will sign the bill into law?…I’d bet $2 Million on it. )
The “Dealer Bill” flies in the face of recommendations from independent economists, who say states should be loosening anticompetitive regulations that protect the profits of car dealers at the expense of higher prices for consumers — not strengthening them.
“All up and down the line, the dealers are getting protected in a variety of ways,” said Roger Blair, an economics professor at the University of Florida. “Part of the reason is that it looks appealing — that we’re protecting businesses from these big, bad manufacturers in Detroit or in Japan or in Germany….But, of course, it comes at the expense of the consumer. The consumer is charged more as a result.”
Blair was one of more than 70 professors around the country who signed an open letter in April 2021 urging states to let more car manufacturers sell directly to the public. The academics said direct sales would lead to lower prices for consumers while also driving more rapid adoption of electric cars, which replace the gas-guzzling vehicles that are intensifying climate change.“
The dealer protection laws were written for the mid-twentieth century,” they wrote. “It is time for a new approach.”
Cutting progress off at the pass
The legislation comes as car dealers across the country are scrambling to save themselves amid disruption in the car-buying business sparked by start-up electric-vehicle manufacturers like Tesla, Rivian and Lucid.
Because those newer car companies aren’t as encumbered by the same old franchising laws as traditional manufacturers, they have been able to sell cars straight to the public. That gives them an enormous competitive advantage: A 2009 report by the U.S. Department of Justice estimated that direct selling could cut the average cost of a car by $2,225 — nearly 9 percent per vehicle.
Now, more legacy carmakers want to emulate all or parts of the Tesla distribution model. Ford, for instance, announced plans last year to make its dealers commit to up-front, no-haggle pricing if they want to sell Ford’s new line of electric vehicles. Ford President and CEO Jim Farley has told investors that Ford’s distribution costs are about $2,000 per vehicle more expensive than Tesla’s.
Lobbyists for the car dealers, who started working on this year’s legislation nearly a year ago, are trying to cut plans like Ford’s off at the pass.
“We’ve really tried to anticipate the things that are happening in the market…and a lot of the things that we have in the bill actually address issues that are in the Ford EV program that came out of October,” Forehand, the dealers association general counsel, said in the video explaining the legislation. “We kind of knew where the manufacturers were headed, and we’ve done the best we can to cover those things up.”
Representatives for Ford and other individual car manufactures either declined to comment or did not respond to comment. But they’re expected to oppose this legislation.
“The automotive franchise system works well, but many of the laws governing it today are outdated, add unnecessary costs, and make it harder to adapt to changing market demands and customer expectations,” said Brian Weiss, a spokesperson for the Alliance for Automotive Innovation, an lobbying group for the carmakers.
It pays to the be the middleman
It’s probably worth remembering why buying a car is so much more painful than purchasing a refrigerator or a computer.
Decades ago, in the early years of the American car industry, car manufacturers started contracting with local dealers to sell their vehicles, both as a way to quickly raise money and in order to focus on their core business of building cars.
But there was an enormous imbalance of power: The “Big Three” automakers — Ford, General Motors and Chrysler — dominated the manufacturing market, whereas most dealerships were small, family-run operations. And the carmakers sometimes wielded their market power like a predator. During the Great Depression, Henry Ford allegedly kept his factories running at full capacity by forcing dealers to buy his cars even though they had no way to resell them.
Most states eventually passed laws to protect car dealers. Among other things, those laws prohibited manufacturers from flooding a market with new dealer franchises that encroach on existing dealer’s territory. They also prohibited car makers from bypassing dealers and selling directly to consumers themselves.
But the car business looks much different today. There are now more than a dozen major car manufacturers selling vehicles in the U.S
And the dealers have ballooned into big businesses. Publicly traded AutoNation Inc., which is headquartered in Fort Lauderdale, did $27 billion in sales last year and turned a $1.4 billion profit.
Of the 80 largest privately held companies in Florida, 17 are car dealers, according to Florida Trend magazine. Thirteen of them did more than $1 billion in sales last year. The biggest — Morgan Auto Group of Tampa — did more than $5 billion in sales.
The state laws that protect the position of car dealers are similar to the Prohibition-era statutes that keep territorial beer and liquor distributors standing between brewers, distillers and the public. They’re why it takes years of lobbying in Tallahassee to make even a simple, popular change — like allowing a microbrewery to sell a 64-ounce growler of beer to a customer.
These state-sanctioned protection schemes are also incredibly lucrative for the middlemen.
In 2019, economists at the University of California, Berkeley, published a paper called “Capitalists in the Twenty-First Century” that used de-identified tax data to analyze how the top 0.1 percent of Americans by income make their money.
They found the list filled with car dealers and beverage distributors.
“A typical firm owned by the top 0.1% is a regional business with $20M in sales and 100 employees, such as an auto dealer, beverage distributor, or a large law firm,” they wrote.
‘The Politics of Crony Capitalism’
Ultimately, the car dealerships fear they would eventually be driven out of business if manufacturers were permitted to sell to consumers themselves — whether directly, as with online sales, or indirectly, by controlling key terms like pricing and financing.
But the dealers claim they aren’t just trying to protect their own investments and profits. They say they are trying to protect the car-buying public, too.
For instance, Ron Book, a lobbyist for AutoNation, said that keeping bricks-and-mortar dealerships in local communities ensures “accountability and responsiveness” for consumers.
“At the end of the day, the consumer is better served when there is one throat to choke here locally, not somebody far away,” he said.
The car dealers also argue that the current system leads to better prices for consumers.
The claim goes something like this: While each dealer for a manufacturer like Ford might have its own monopoly territory, they must still compete with Ford dealers in neighboring territories. But if Ford were allowed to sell directly to consumers, the company would elbow out independent dealers, leaving Ford itself as the only place to buy Ford vehicles.
“Our advantage is the fact that you guys all determine pricing for vehicles separate from other dealers who determine pricing. And that competition is what makes our system work,” Ted Smith, the president of the Florida car dealers association, said in one of the association’s videos explaining the bill. “If the factories take over those functions, we’re going to have one price — and it’s not going to be a good one for the customer.”
There’s just one problem with this argument: It’s “farcical,” according to Daniel Crane, a professor of antitrust law at the University of Michigan and the author of a 2016 paper chronicling the dealer industry’s lobbying efforts to stop even Tesla from selling directly to consumers.
“It is possible that retail distribution through independent dealers could lower prices to consumers, but only if the dealers were more efficient at retail distribution than the manufacturer,” Crane wrote his paper, which was called, “Tesla, Dealer Franchise Laws, and the Politics of Crony Capitalism.” “But, in that case, the manufacturer would have every incentive to distribute through dealers, which would increase its wholesale sales…and hence its profits.”…we’ll all be forced to let go of more of our dollars…and you thought you were paying more for eggs there for a while…consider your electric car…when the time comes…
repugnant Republicans censured Adam Schiff today…from The Washington Post by Amy B. Wang and Mariana Alfaro: “House passes measure to censure Adam Schiff: ( Schiff has said it was another bow to trump…trump, after the last vote to table the resolution failed last Wednesday…then trump told his Republican lackeys if they didn’t pass the censure, he would have them primaried…they then passed the resolution today…still bowing to the puppet master…could this be a distraction?…look over here, not over there at trump’s second indictment!…)…”The House on Wednesday passed a measure tocensure Rep. Adam B. Schiff (D-Calif.) for pressing allegations that Donald Trump’s 2016 presidential campaign colluded with Russia, a week after a first attempt to censure Schiff was blocked.
House Speaker Kevin McCarthy (R-Calif.) presided over the vote that fell largely along party lines, 213-209, with six Republicans voting “present” — including all GOP members of the Ethics Committee. Because six Republicans voted present, the majority threshold to pass the vote was lowered.
As the vote was finalized, Democrats filled the well of the chamber and surrounded Schiff. Former House speaker Nancy Pelosi (D-Calif.) led chants of “Shame! Shame! Shame!” against the Republican caucus, and other Democrats yelled out “cowards!” The protests forced McCarthy to stop and restart the reading of the resolution.
“I have all night,” McCarthy told Democrats.
Some Democrats questioned why McCarthy had not given the same treatment to Rep. George Santos (R-N.Y.), who faces a litany of charges and who has repeatedly lied to the public and the House. Rep. Eric Swalwell (D-Calif.), an ally of Schiff’s, yelled out to McCarthy: “You’re weak! You’re pathetic!”
In response, Republicans shouted back at Democrats, with one yelling, “You all are jacka–es!”
As the speaker exited the floor, he was met with handshakes and slaps on the back from GOP lawmakers who congratulated him on the passage of the resolution.
Schiff, meanwhile, was embraced by Democrats, who also took photos with him and chanted his name.
While such a chaotic display hadn’t been seen on the House floor in recent history, decorum in the chamber has faltered since the deadly Jan. 6, 2021, insurrection at the Capitol.
Rep. Ken Buck (R-Colo.), the only Republican not part of the Ethics Committee who voted present on the resolution, lamented the disarray on the House floor. When asked why he voted present, Buck said Schiff wasn’t given “due process.”
“We haven’t heard his side of the story,” he said.
Buck said he’s long opposed kicking House members off committees. He said he was promised the House would address that issue but said it has not done so.
“We are spiraling to the bottom,” he said. “We should be striving to do better.”
A vote to table the resolution — or effectively kill it — failed early Wednesday afternoon on a 208-218 vote along party lines. The vote triggered an immediate debate on the censure measure, which the House voted on later Wednesday.
The resolution, sponsored by Rep. Anna Paulina Luna (R-Fla.), alleges that Schiff “spread false accusations that the Trump campaign colluded with Russia” and abused his privileged access to classified information. It also says that Schiff “behaved dishonestly and dishonorably on many other occasions.”
The measure that passed Wednesday is similar to one the House blocked last week but did not include the possibility of a $16 million fine against Schiff. Luna had said that amount was half the cost of an investigation into the alleged collusion.
On the House floor Wednesday, Luna blamed Schiff for having “ripped apart American families across the country with repeated false narratives” and “sowing lasting division across our land.”
Democrats have dismissed the GOP’s efforts to censure Schiff as partisan retribution for trying to hold Trump accountable, as well as an attempt to distract Americans from Trump’s legal problems.
Ahead of the Wednesday vote to table the resolution, Schiff said the “false and defamatory resolution” came at considerable cost to the country and blasted GOP lawmakers for not instead censuring those in the body who had sought to overturn the results of the 2020 presidential election.
“Today, I wear this partisan vote as a badge of honor, knowing that I have lived my oath, knowing that I have done my duty to hold a dangerous and out-of-control president accountable — and knowing that I would do so again in a heartbeat if the circumstances should ever require it,” Schiff said on the House floor, to applause from his Democratic colleagues.
Last week, 20 Republicans voted with Democrats to table Luna’s first measure in a vote of 225-196. Two Republicans and five Democrats voted present.
In a statement Tuesday, Luna said “a majority of the 20” Republicans who had voted to table the first resolution would be changing their votes to support the measure this week.
“We have secured the number of votes needed to censure Adam Schiff and refer him to Ethics,” she said.
Luna’s measure is a privileged resolution, which means that under House rules, it had to be considered by Thursday.
“It is well within my right as a Congresswoman to file a privileged motion and hold Adam Schiff accountable for abusing and exploiting his official position and bringing dishonor to the House of Representatives,” she said.
Censures, which are rare in the House, are less severe than expulsion from the House but more severe than a reprimand. In the past three decades, only two lawmakers have been censured: then-Rep. Charles B. Rangel (D-N.Y.) in 2010 for ethics violations and Rep. Paul A. Gosar (R-Ariz.) in 2021 for tweeting an anime video that depicted him killing Rep. Alexandria Ocasio-Cortez (D-N.Y.) and swinging swords at President Biden.
Schiff, who is running for Senate to replace the retiring Sen. Dianne Feinstein (D-Calif.), has used the censure attempts to raise money for his Senate bid. In an email solicitation last week, he asked supporters to chip in at least $10 “to help my campaign fight back against these attacks.”
The California Democrat served as the lead manager in the 2020 Senate trial after Trump’s impeachment in 2019 for threatening to withhold military aid to Ukraine as he sought political favors. He was removed this year from the Intelligence Committee by McCarthy, who accused him of having abused his power.
Schiff’s opponents in the 2024 Democratic Senate primary include Reps. Katie Porter and Barbara Lee. His backers include Pelosi. ( Marianna Sotomayor and John Wagner contributed to this report.)”…
something’s fishy!…Supreme Court Justice Alito…from ProPublica by Justin Elliott, Joshua Kaplan, Alex Mierjeski: “Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court: In the years after the undisclosed trip to Alaska, Republican megadonor Paul Singer’s hedge fund has repeatedly had business before the Supreme Court. Alito has never recused himself.: In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and after catching a king salmon nearly the size of his leg, Alito posed for a picture. To his left, a man stood beaming: Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes.
Singer was more than a fellow angler. He flew Alito to Alaska on a private jet. If the justice chartered the plane himself, the cost could have exceeded $100,000 one way.
In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.
Alito did not report the 2008 fishing trip on his annual financial disclosures. By failing to disclose the private jet flight Singer provided, Alito appears to have violated a federal law that requires justices to disclose most gifts, according to ethics law experts.
Experts said they could not identify an instance of a justice ruling on a case after receiving an expensive gift paid for by one of the parties.
“If you were good friends, what were you doing ruling on his case?” said Charles Geyh, an Indiana University law professor and leading expert on recusals. “And if you weren’t good friends, what were you doing accepting this?” referring to the flight on the private jet.
Justices are almost entirely left to police themselves on ethical issues, with few restrictions on what gifts they can accept. When a potential conflict arises, the sole arbiter of whether a justice should step away from a case is the justice him or herself.
ProPublica’s investigation sheds new light on how luxury travel has given prominent political donors — including one who has had cases before the Supreme Court — intimate access to the most powerful judges in the country. Another wealthy businessman provided expensive vacations to two members of the high court, ProPublica found. On his Alaska trip, Alito stayed at a commercial fishing lodge owned by this businessman, who was also a major conservative donor. Three years before, that same businessman flew Justice Antonin Scalia, who died in 2016, on a private jet to Alaska and paid the bill for his stay.
Such trips would be unheard of for the vast majority of federal workers, who are generally barred from taking even modest gifts.
Leonard Leo, the longtime leader of the conservative Federalist Society, attended and helped organize the Alaska fishing vacation. Leo invited Singer to join, according to a person familiar with the trip, and asked Singer if he and Alito could fly on the billionaire’s jet. Leo had recently played an important role in the justice’s confirmation to the court. Singer and the lodge owner were both major donors to Leo’s political groups.
ProPublica’s examination of Alito’s and Scalia’s travel drew on trip planning emails, Alaska fishing licenses, and interviews with dozens of people including private jet pilots, fishing guides, former high-level employees of both Singer and the lodge owner, and other guests on the trips.
ProPublica sent Alito a list of detailed questions last week, and on Tuesday, the Supreme Court’s head spokeswoman told ProPublica that Alito would not be commenting. Several hours later, The Wall Street Journal published an op-ed by Alito responding to ProPublica’s questions about the trip.
Alito said that when Singer’s companies came before the court, the justice was unaware of the billionaire’s connection to the cases. He said he recalled speaking to Singer on “no more than a handful of occasions,” and they never discussed Singer’s business or issues before the court.
Alito said that he was invited to fly on Singer’s plane shortly before the trip and that the seat “would have otherwise been vacant.” He defended his failure to report the trip to the public, writing that justices “commonly interpreted” the disclosure requirements to not include “accommodations and transportation for social events.”
In a statement, a spokesperson for Singer told ProPublica that Singer didn’t organize the trip and that he wasn’t aware Alito would be attending when he accepted the invitation. Singer “never discussed his business interests” with the justice, the spokesperson said, adding that at the time of trip, neither Singer nor his companies had “any pending matters before the Supreme Court, nor could Mr. Singer have anticipated in 2008 that a subsequent matter would arise that would merit Supreme Court review.”
Leo did not respond to questions about his organizing the trip but said in a statement that he “would never presume to tell” Alito and Scalia “what to do.”
This spring, ProPublica reported that Justice Clarence Thomas received decades of luxury travel from another Republican megadonor, Dallas real estate magnate Harlan Crow. In a statement, Thomas defended the undisclosed trips, saying unnamed colleagues advised him that he didn’t need to report such gifts to the public. Crow also gave Thomas money in an undisclosed real estate deal and paid private school tuition for his grandnephew, who Thomas was raising as a son. Thomas reported neither transaction on his disclosure forms.
The undisclosed gifts have prompted lawmakers to launch investigations and call for ethics reform. Recent bills would impose tighter rules for justices’ recusals, require the Supreme Court to adopt a binding code of conduct and create an ethics body, which would investigate complaints. Neither a code nor an ethics office currently exists.
“We wouldn’t tolerate this from a city council member or an alderman,” Sen. Dick Durbin, an Illinois Democrat and chair of the Senate Judiciary Committee, said of Thomas in a recent hearing. “And yet the Supreme Court won’t even acknowledge it’s a problem.”
So far, the court has chafed at the prospect of such reforms. Though the court recently laid out its ethics practices in a statement signed by all nine justices, Chief Justice John Roberts has not directly addressed the recent revelations. In fact, he has repeatedly suggested Congress might not have the power to regulate the court at all.
“We Take Good Care of Him Because He Makes All the Rules”
In the 1960s in his first year at Harvard Law School, Singer was listening to a lecture by a famed liberal professor when, he later recalled, he had an epiphany: “My goodness. They’re making it up as they go along.”
It was a common sentiment among conservative lawyers, who often accuse liberal judges of activist overreach. While Singer’s career as an attorney was short-lived, his convictions about the law stayed with him for decades. After starting a hedge fund that eventually made him one of the richest people in the country, he began directing huge sums to causes on the right. That included groups, like the Federalist Society, dedicated to fostering the conservative legal movement and putting its followers on the bench.
In the last decade, Singer has contributed over $80 million to Republican political groups. He has also given millions to the Manhattan Institute, a conservative think tank where he has served as chairman since 2008. The institute regularly files friend-of-the-court briefs with the Supreme Court — at least 15 this term, including one asking the court to block student loan relief.
Singer’s interest in the courts is more than ideological. His hedge fund, Elliott Management, is best known for making investments that promise handsome returns but could require bruising legal battles. Singer has said he’s drawn to positions where you “control your own destiny, not just riding up and down with the waves of financial markets.” That can mean pressuring corporate boards to fire a CEO, brawling with creditors over the remains of a bankrupt company and suing opponents.
The fund now manages more than $50 billion in assets. “The investments are extremely shrewdly litigation-driven,” a person familiar with Singer’s fund told ProPublica. “That’s why he’s a billionaire.”
Singer’s most famous gamble eventually made its way to the Supreme Court.
In 2001, Argentina was in a devastating economic depression. Unemployment skyrocketed and deadly riots broke out in the street. The day after Christmas, the government finally went into default. For Singer, the crisis was an opportunity. As other investors fled, his fund purchased Argentine government debt at a steep discount.
Within several years, as the Argentine economy recovered, most creditors settled with the government and accepted a fraction of what the debt was originally worth. But Singer’s fund, an arm of Elliott called NML Capital, held out. Soon, they were at war: a midtown Manhattan-based hedge fund trying to impose its will on a sovereign nation thousands of miles away.
The fight played out on familiar turf for Singer: the U.S. courts. He launched an aggressive legal campaign to force Argentina to pay in full, and his personal involvement in the case attracted widespread media attention. Over 13 years of litigation, the arguments spanned what rights foreign governments have in the U.S. and whether Argentina could pay off debts to others before Singer settled his claim.
If Singer succeeded, he stood to make a fortune.
In 2007, for the first but not the last time, Singer’s fund asked the Supreme Court to intervene. A lower court had stopped Singer and another fund from seizing Argentine central bank funds held in the U.S. The investors appealed, but that October, the Supreme Court declined to take up the case.
On July 8 of the following year, Singer took Alito to Alaska on the private jet, according to emails, flight data from the Federal Aviation Administration and people familiar with the trip.
The group flew across the country to the town of King Salmon on the Alaska peninsula. They returned to the East Coast three days later.
In Alaska, they stayed at the King Salmon Lodge, a luxury fishing resort that drew celebrities, wealthy businessmen and sports stars. On July 9, one of the lodge’s pilots flew Alito and other guests around 70 miles to the west to fish the Nushagak River, known for one of the best salmon runs in the world. Snapshots from the trip show Alito in waders and an Indianapolis Grand Prix hat, smiling broadly as he holds his catch.
“Sam Alito is in the red jacket there,” one lodge worker said, as he narrated an amateur video of the justice on the water. “We take good care of him because he makes all the rules.”
Other guests on the trip included Leo, the Federalist Society leader, and Judge A. Raymond Randolph, a prominent conservative appellate judge for whom Leo had clerked, according to fishing licenses and interviews with lodge staff.
On another day, the group flew on one of the lodge’s bush planes to a waterfall in Katmai National Park, where bears snatch salmon from the water with their teeth. At night, the lodge’s chefs served multicourse meals of Alaskan king crab legs or Kobe filet. On the last evening, a member of Alito’s group bragged that the wine they were drinking cost $1,000 a bottle, one of the lodge’s fishing guides told ProPublica.
In his op-ed, Alito described the lodge as a “comfortable but rustic facility.” The justice said he does not remember if he was served wine, but if he was, it didn’t cost $1,000 a bottle. (Alito also pointed readers to the lodge’s website. The lodge has been sold since 2008 and is now a more downscale accommodation.)
The justice’s stay was provided free of charge by another major donor to the conservative legal movement: Robin Arkley II, the owner of a mortgage company then based in California. Arkley had recently acquired the fishing lodge, which catered to affluent tourists seeking a luxury experience in the Alaskan wilderness. A planning document prepared by lodge staff describes Alito as a guest of Arkley. Another guest on the trip told ProPublica the trip was a gift from Arkley, and two lodge employees said they were told that Alito wasn’t paying.
Arkley, who does not appear to have been involved in any cases before the court, did not respond to detailed questions for this story.
Alito did not disclose the flight or the stay at the fishing lodge in his annual financial disclosures. A federal law passed after Watergate requires federal officials including Supreme Court justices to publicly report most gifts. (The year before, Alito reported getting $500 of Italian food and wine from a friend, noting that his friend was unlikely to “appear before this Court.”)
The law has a “personal hospitality” exemption: If someone hosts a justice on their own property, free “food, lodging, or entertainment” don’t always have to be disclosed. But the law clearly requires disclosure for gifts of private jet flights, according to seven ethics law experts, and Alito appears to have violated it. The typical interpretation of the law required disclosure for his stay at the lodge too, experts said, since it was a commercial property rather than a vacation home. The judiciary’s regulations did not make that explicit until they were updated earlier this year.
In his op-ed, Alito said that justices “commonly interpreted” the law’s exception for hospitality “to mean that accommodations and transportation for social events were not reportable gifts.”
His op-ed pointed to language in the judiciary’s filing instructions and cited definitions from Black’s Law Dictionary and Webster’s. But he did not make reference to the judiciary’s regulations or the law itself, which experts said both clearly required disclosure for gifts of travel. ProPublica found at least six examples of other federal judges disclosing gifts of private jet travel in recent years.
“The exception only covers food, lodging and entertainment,” said Virginia Canter, a former government ethics lawyer now at the watchdog group CREW. “He’s trying to move away from the plain language of the statute and the regulation.”
The Alaska vacation was the first time Singer and Alito met, according to a person familiar with the trip. After the trip, the two appeared together at public events. When Alito spoke at the annual dinner of the Federalist Society lawyers convention the following year, the billionaire introduced him. The justice told a story about having an encounter with bears during a fishing trip with Singer, according to the legal blog Above the Law. He recalled asking himself: “Do you really want to go down in history as the first Supreme Court justice to be devoured by a bear?”
The year after that, in 2010, Alito delivered the keynote speech at a dinner for donors to the Manhattan Institute. Once again, Singer delivered a flattering introduction. “He and his small band of like-minded justices are a critical and much-appreciated bulwark of our freedom,” Singer told the crowd. “Samuel Alito is a model Supreme Court justice.”
Meanwhile, Singer and Argentina kept asking the Supreme Court to intervene in their legal fight. His fund enlisted Ted Olson, the famed appellate lawyer who represented George W. Bush in the Bush v. Gore case during the 2000 presidential election.
In January 2010, a year and a half after the Alaska vacation, the fund once again asked the high court to take up an aspect of the dispute. The court declined. In total, parties asked the court to hear appeals in the litigation eight times in the six years after the trip. In most instances, it was Singer’s adversaries filing an appeal, with Singer’s fund successfully arguing for the justices to decline the case and let stand a lower court ruling.
The Supreme Court hears a tiny portion of the many cases it’s asked to rule on each year. Under the court’s rules, cases are only accepted when at least four of the nine justices vote to take it up. The deliberations on whether to take a case are shrouded in secrecy and happen at meetings attended only by the justices. These decisions are a fundamental way the court wields power. The justices’ votes are not typically made public, so it is unclear how Alito voted on the petitions involving Singer.
As Singer’s battle with Argentina intensified, his hedge fund launched an expansive public relations and lobbying campaign. In 2012, the hedge fund even attempted to seize an Argentine navy ship docked in Ghana to secure payment from the country. (The effort was thwarted by a ruling from the International Tribunal for the Law of the Sea.) Argentina’s president labeled Singer and his fellow investors “vultures” attempting extortion; Singer complained the country was scapegoating him.
In 2014, the Supreme Court finally agreed to hear a case on the matter. It centered on an important issue: how much protection Argentina could claim as a sovereign nation against the hedge fund’s legal maneuvers in U.S. courts. The U.S. government filed a brief on Argentina’s side, warning that the case raised “extraordinarily sensitive foreign policy concerns.”
The case featured an unusual intervention by the Judicial Crisis Network, a group affiliated with Leo known for spending millions on judicial confirmation fights. The group filed a brief supporting Singer, which appears to be the only Supreme Court friend-of-the-court brief in the organization’s history.
The court ruled in Singer’s favor 7-1 with Alito joining the majority. The justice did not recuse himself from the case or from any of the other petitions involving Singer.
“The tide turned” thanks to that “decisive” ruling and another from the court, as Singer’s law firm described it. After the legal setbacks and the election of a new president in Argentina, the country finally capitulated in 2016. Singer’s fund walked away with a $2.4 billion payout, a spectacular return.
Abbe Smith, a law professor at Georgetown who co-wrote a textbook on legal and judicial ethics, said that Alito should have recused himself. If she were representing a client and learned the judge had taken a gift from the party on the other side, Smith said, she would immediately move for recusal. “If I found out after the fact, I’d be outraged on behalf of my client,” she said. “And, frankly, I’d be outraged on behalf of the legal system.”
The law that governs when justices must recuse themselves from a case sets a high but subjective standard. It requires justices to withdraw from any case when their “impartiality might reasonably be questioned.” But the court allows individual justices to interpret that requirement for themselves. Historically, they’ve almost never explained why they are or are not recusing themselves, and unlike lower court judges, their decisions cannot be appealed.
Alito articulated his own standard during his Senate confirmation process, writing that he believed in stepping away from cases when “any possible question might arise.”
In his Wall Street Journal op-ed, Alito wrote of his failure to recuse himself from Singer’s cases at the court: “It was and is my judgment that these facts would not cause a reasonable and unbiased person to doubt my ability to decide the matters in question impartially.”
Critics have long assailed the Supreme Court’s practices on this issue as both opaque and inconsistent. “The idea ‘just trust us to do the right thing’ while remaining in total secrecy is unworkable,” said Amanda Frost, a judicial ethics expert at the University of Virginia School of Law.
For Singer, appeals to the Supreme Court are an almost unavoidable result of his business model. Since the Argentina case, Singer’s funds were named parties in at least two other cases that were appealed to the court, both stemming from battles with Fortune 500 companies. One of the petitions is currently pending.
Grey Goose and Glacier Ice
The month after Singer got home from the 2008 fishing trip, he realized he had a problem. He was supposed to receive a shipment of frozen salmon from the Alaska lodge. But the fish hadn’t arrived. So the billionaire emailed an unlikely person to get to the bottom of it: Leo, the powerful Federalist Society executive.
“They’ve escaped!!” Singer wrote. Leo then sent an email to Arkley, the lodge owner, to track down the missing seafood.
The only clear thread connecting the prominent guests on the trip is that they all had a relationship with Leo. Leo is now a giant in judicial politics who helped handpick Donald Trump’s list of potential Supreme Court nominees and recently received a $1.6 billion donation to further his political interests. Leo’s network of political groups was in its early days, however, when he traveled with Alito to Alaska. It had run an advertising campaign supporting Alito in his confirmation fight, and Leo was reportedly part of the team that prepared Alito for his Senate hearings.
Singer and Arkley, the businessmen who provided the trip to the justice, were both significant donors to Leo’s groups at the time, according to public records and reporting by The Daily Beast. Arkley also sometimes provided Leo with one of his private planes to travel to business meetings, according to a former pilot of Arkley’s.
In his statement, Leo did not address detailed questions about the trip, but he said “no objective and well-informed observer of the judiciary honestly could believe that they decide cases in order to cull favor with friends, or in return for a free plane seat or fishing trip.”
He added that the public should wonder whether ProPublica’s coverage is “bait for reeling in more dark money from woke billionaires who want to damage this Supreme Court and remake it into one that will disregard the law by rubber stamping their disordered and highly unpopular cultural preferences.”
Arkley is a fixture in local politics in his hometown of Eureka, California, known for lashing out at city officials and for once starting his own newspaper reportedly out of disdain for the local press. By the early 2000s, he’d made a fortune buying and servicing distressed mortgages and also become a significant donor in national GOP politics.
As his political profile rose, Arkley bragged to friends that he’d gotten to know one-third of the sitting Supreme Court justices. He told friends he had a relationship with Clarence Thomas, according to two people who were close with Arkley. And the Alito trip was not Arkley’s first time covering a Supreme Court justice’s travel to Alaska.
In June 2005, Arkley flew Scalia on his private jet to Kodiak Island, Alaska, two of Arkley’s former pilots told ProPublica. Arkley had paid to rent out a remote fishing lodge that cost $3,200 a week per person, according to the lodge’s owner, Martha Sikes.
Snapshots from the trip, found in the justice’s papers at Harvard Law School, capture Scalia knee-deep in a river as he fights to reel in a fish. Randolph, the appellate judge who was also on the later trip, joined Scalia and Arkley on the vacation, flying on the businessman’s jet.
Scalia did not report the trip on his annual filing, another apparent violation of the law, according to ethics law experts. Scalia’s travels briefly drew scrutiny in 2016 after he died while staying at the hunting ranch of a Texas businessman. Scalia had a pattern of disclosing trips to deliver lectures while not mentioning hunting excursions he took to nearby locales hosted by local attorneys and businessmen, according to a research paper published after his death.
Randolph, now a senior judge on the U.S. Court of Appeals for the D.C. Circuit, did not disclose the trip. (Nor did he disclose the later trip with Alito.) Randolph told ProPublica that when he was preparing his form for 2005, he called the judiciary’s financial disclosure office to ask about disclosing the trip. He shared his notes from the call with a staffer, which say “don’t have to report trip to Alaska with Rob Arkley & others / private jet / lodge.” Kathleen Clark, an ethics law expert at Washington University in St. Louis, said, “I don’t understand how the staff member came to that conclusion based on the language in the statute.”
On June 9, Arkley’s group chartered a boat, the Happy Hooker IV, to tour Yakutat Bay. On the way over, Scalia and Arkley discussed whether Senate Republicans, then in a contentious fight over judicial confirmations, should abolish the filibuster to move forward, according to a person traveling with them.
A photo captures Arkley and Scalia later that day gazing off the side of the boat at the famed Hubbard Glacier. At one point, a guide chiseled chunks off an iceberg and passed them to Scalia. The justice then mixed martinis from Grey Goose vodka and glacier ice.
It remains unclear how Scalia ended up in Alaska with Arkley. But the justice’s archives at Harvard Law School offer a tantalizing clue. Immediately before the fishing trip, Scalia gave a speech for the Federalist Society in Napa, California. The next day, Arkley’s plane flew from Napa to Alaska. Scalia’s papers contain a folder labeled “Federalist Society, Napa and Alaska, 2005 June 3-10,” suggesting a possible connection between the conservative organization and the fishing trip.
The contents of that folder are currently sealed, however. They will be opened to the public in 2036.”…it stands to reason if you have a question whether to report the trip or not…of course you should report the trip…but to not report is suspect…and Alito’s op-ed in the Wall Street Journal is lame…he took the seat on the plane that would otherwise go empty…and he doesn’t remember if the wine was $1000 a bottle…the lodge was rustic…as if that makes the trip not worth disclosing…and just the fact that the common thread is Leonard Leo of the Federalist Society…who orchestrated the last 3 “conservative” justices to the Supreme Court…Gorsuch, Kavanaugh, and Barrett…who all said that Roe v Wade was settled law and then voted to overturn that ‘settled law’ a year ago…it’s nice to have billionaire friends in high places or rather who take to you nice places with $1000 bottles of wine…
in a great move by Special Counsel Jack Smith, he has turned over those who will testify against trump in the Documents trial…their testimony included…getting ahead of turning over all the evidence…from CNN by Tierney Sneed and Katelyn Polantz: “Trump receives first batch of evidence against him in classified documents case, including audio tapes: Special counsel Jack Smith has begun producing evidence in the Mar-a-Lago documents case to Donald Trump, according to a Wednesday court filing that hints that investigators collected for the case multiple recordings of the former president – not just audio of an interview Trump gave at Bedminster for a forthcoming Mark Meadows memoir.
Prosecutors in the filing used the plural “interviews” to describe recordings of Trump – made with his consent – obtained by the special counsel that have now been turned over to his defense team. It is unclear what the additional recordings may be of or how relevant they will be to the Justice Department’s case against the former president, though the recordings include the Bedminster tape where Trump speaks about a secret military document to a writer and others, the prosecutors said in the filing.
The prosecutors’ update to the court on Wednesday night marks another swift move toward trial, which the Justice Department has said should happen quickly, and captures at least some of the extent of the evidence investigators secured to build their historic case against Trump.
The first batch of discovery production – made up of unclassified materials – includes transcripts of witness testimony in front of the grand juries in Washington, DC, and Florida that were probing the mishandling of government documents from Trump’s White House. It also includes materials collected via subpoenas and search warrants; memos detailing other witness interviews given through mid-May in the investigation; and copies of the surveillance footage investigators obtained in the probe.
The first batch of evidence, provided on Wednesday, “includes the grand jury testimony of witnesses who will testify for the government at the trial of this case,” the special counsel’s office wrote.
“Defense counsel can contact the government to arrange for inspection of unclassified items seized at Mar-a-Lago on August 8, 2022,” the filing said.
The new submission indicates that Trump’s co-defendant, Walt Nauta has not yet received discovery, but the Smith team said they will promptly provide it once a lawyer enters an appearance for him in the case. Nauta is scheduled to be arraigned next Tuesday.
Trump has pleaded not guilty to the charges Smith has brought against him, which include charges for willful retention of national defense information as well charges stemming from alleged obstruction of the investigation.”…
the Durham Report…trump for years has said wait for the Durham Report…from CNN by Zachary Cohen and Marshall Cohen: “Trump repeatedly claimed Durham would indict top Democratic politicians and officials from the FBI and DOJ for “treason at the highest level” and for committing the “crime of the century.” The Durham probe fell massively short of right-wing expectations.”…John Durham got away with $6 million of our taxpayers money…and came up with nothing…nada…nix…he was before Congress defending his investigation of the investigators…from CNN continued: “Special counsel John Durham defends his investigation and former Attorney General Bill Barr: Special counsel John Durham defended himself Wednesday amid sharp criticism from Democrats, and also rejected former President Donald Trump’s attacks on former Attorney General Bill Barr, who appointed Durham to conduct his investigation into the FBI’s Russia probe.
Durham is testifying publicly before the House Judiciary Committee regarding the details of his report that concluded that the FBI should have only launched a preliminary, but not full, investigation into connections between Trump’s presidential campaign and Russia during the 2016 election.
Despite repeated claims from Trump and Republicans that the Biden administration has “weaponized” the Justice Department, Durham said there wasn’t any political interference with his work. He testified that Attorney General Merrick Garland, a Biden appointee, didn’t block any of his moves, didn’t reach out to discuss the probe, and didn’t meddle with the investigation.
That stands in contrast with what Trump has promised to do if he wins back the White House next year: He said he’ll appoint a special prosecutor to “go after” Joe Biden and his family, directing an investigation against an opponent in a way that shatters longstanding norms, in place since the Watergate era, that have kept the White House away from specific criminal investigations.
Democrats were particularly critical of Durham’s handling of his own investigation, a concern he dismissed.
“My concern about my reputation is with the people who I respect, and my family, and my Lord,” Durham said responding to a House Democrat who accused him of running a biased investigation. “And I’m perfectly comfortable with my reputation with them, sir.”
Democratic Rep. Steve Cohen of Tennessee sharply criticized Durham, saying, “You got nothing,” in regards to the special counsel’s report.
“You had a good reputation,” Cohen said. “But the longer you hold on to Mr. Barr … your reputation will be damaged, as everybody’s reputation who gets involved with Donald Trump is damaged, he’s damaged goods. There’s no good dealing with him because you will end up on the bottom of a pyre.”
The top Democrat on the Judiciary Committee also slammed Durham, accusing the Trump-era prosecutor of weaponizing his “flimsy” probe to harass Trump’s opponents and generate headlines for “far-right conspiracy theorists.”
“Mr. Durham constructed a flimsy story built on shaky inferences and dog whistles to far-right conspiracy theorists,” Rep. Jerry Nadler, a Democrat from New York, said. “By prolonging his investigation. Durham was able to keep Donald Trump’s talking points in the news, long after Trump left office.”
Durham denied in his opening statement that politics motivated his investigations.
Durham also responded to Trump’s attacks on Barr, whom the former president has called a “gutless pig” and a “RINO.”
“In my experience, none of those are correct,” Durham told members of the House Judiciary Committee when asked about Trump’s incendiary attacks against his former attorney general.
While Durham has embraced many of Trump’s gripes about the Russia investigation, there were several key legal matters where Durham notably broke from the former president.
In addition to rejecting Trump’s insults against Barr, Durham said there was “substantial evidence” that the Russian government interfered in the 2016 election. (Trump accepted Russian President Vladimir Putin’s denials.) He also said special counsel Robert Mueller was a “patriot” whom he had the “highest regard” for. (Trump has called Mueller a “national disgrace.”)
In May, Durham’s 300-plus page report was released stating that the FBI haphazardly used “raw, unanalyzed, and uncorroborated intelligence,” to launch the “Crossfire Hurricane” investigation into Trump and Russia. Durham said the FBI used a more careful standard when weighing concerns about alleged election interference regarding Hillary Clinton’s campaign.
The special counsel, however, did not recommend any new charges against individuals or “wholesale changes” about how the FBI handles politically charged investigations, despite strongly criticizing the agency’s behavior and highlighting numerous errors and mishaps by the FBI team that handled the sensitive Trump-Russia probe.
The Durham probe fell massively short of right-wing expectations: For years, Trump repeatedly claimed Durham would indict top Democratic politicians and officials from the FBI and DOJ for “treason at the highest level” and for committing the “crime of the century.”
Durham scrutinized many of the Trump critics that the former president said should be investigated. In Durham’s report, he detailed how his team looked into roughly 30 distinct potential crimes by these figures, but they didn’t find enough evidence to bring any charges.
After four years, Durham only secured one conviction against a low-level FBI lawyer for doctoring one email related to the surveillance of an ex-Trump campaign aide. Durham’s jury trials against a Hillary Clinton campaign lawyer and Trump-Russia dossier source both ended with embarrassing acquittals last year.”…
I spent the afternoon and evening in Ambler…Rinagai and I went to see Casablanca and The Blued Brothers…two fabulous films in sharp contrast…Casablanca – the most beautiful love story set during World War II…I always must see this film when I can…to see the beautiful Ingrid Bergman and Humphrey Bogart at his best…”of all the gin joints in all the towns in all the world, she walks into mine!”…I always love when we win over the Nazis too…from Wikipedia: “Casablanca is a 1942 American romantic drama film directed by Michael Curtiz, and starring Humphrey Bogart, Ingrid Bergman, and Paul Henreid. Filmed and set during World War II, it focuses on an American expatriate (Bogart) who must choose between his love for a woman (Bergman) and helping her husband (Henreid), a Czechoslovak resistance leader, escape from the Vichy-controlled city of Casablanca to continue his fight against the Germans. The screenplay is based on Everybody Comes to Rick’s, an unproduced stage play by Murray Burnett and Joan Alison. The supporting cast features Claude Rains, Conrad Veidt, Sydney Greenstreet, Peter Lorre, and Dooley Wilson.
Much of the emotional impact of the film, for the audience in 1942, has been attributed to the large proportion of European exiles and refugees who were extras or played minor roles (in addition to leading actors Paul Henreid, Conrad Veidt and Peter Lorre), such as Louis V. Arco, Trude Berliner, Ilka Grünig, Ludwig Stössel, Hans Heinrich von Twardowski, and Wolfgang Zilzer. A witness to the filming of the “duel of the anthems” sequence said he saw many of the actors crying and “realized that they were all real refugees”.[23] Harmetz argues that they “brought to a dozen small roles in Casablanca an understanding and a desperation that could never have come from Central Casting“.[24] Even though many were Jewish or refugees from the Nazis (or both), they were frequently cast as Nazis in various war films, because of their accents.”…it won Best Picture, Best Director for Michael Curtiz and Best Screenplay for Julius J. Epstein, Philip G. Epstein and Howard Koch…it has been voted the best screenplay of all time…and is regularly the Number 1 or 2 best film…then in sharp contrast…The Blues Brothers…from Wikipedia: “The Blues Brothers is a 1980 American musical comedy film directed by John Landis.[4] It stars John Belushi as “Joliet” Jake Blues and Dan Aykroyd as his brother Elwood, characters developed from the recurring musical sketch “The Blues Brothers” on NBC variety series Saturday Night Live. The script is set in and around Chicago, Illinois, where it was filmed, and the screenplay was written by Aykroyd and Landis. It features musical numbers by rhythm and blues (R&B), soul, and blues singers James Brown, Cab Calloway (in his final feature film role), Aretha Franklin, Ray Charles, Chaka Khan, and John Lee Hooker. It features non-musical supporting performances by Carrie Fisher, Henry Gibson, Charles Napier, Kathleen Freeman and John Candy.
The story is a tale of redemption for paroled convict Jake and his blood brother Elwood, who set out on “a mission from God” to prevent foreclosure of the Roman Catholic orphanage in which they were raised. To do so, they must reunite their R&B band and organize a performance to earn the $5,000 needed to pay the orphanage’s property tax bill. Along the way, they are targeted by a homicidal “mystery woman”, Neo-Nazis, and a country and western band—all while being relentlessly pursued by the police.”…this too had the good guys win over the Nazis…love The Blue Brothers…no corruption here, you must remember this
You must remember this
A kiss is just a kiss
A sigh is just a sigh
The fundamental things apply
As time goes by
And when two lovers woo
They still say “I love you”
On that you can rely
No matter what the future brings
As time goes by
Moonlight and love songs
Never out of date
Hearts full of passion
Jealousy and hate
Woman needs man, and man must have his mate
That no one can deny
It’s still the same old story
A fight for love and glory
A case of do or die
The world will always welcome lovers
As time goes by
Moonlight and love songs
Never out of date
Hearts full of passion
Jealousy and hate
Woman needs man, and man must have his mate
That no one can deny
It’s still the same old story
A fight for love and glory
A case of do or die
The world will always welcome lovers
As time goes by
Source: LyricFind
Songwriters: Herman Hupfeld
As Time Goes By lyrics © BMG Rights Management, CONSALAD CO., Ltd, Kobalt Music Publishing Ltd., Sentric Music, Songtrust Ave, Sony/ATV Music Publishing LLC, Universal Music Publishing Group, Warner Chappell Music, Inc