In Memoriam: Those Lost in the Final Weeks of 2023

Charlie Munger (1924-2023)

Chares “Charlie” Munger, the longtime vice president of Berkshire Hathaway and right-hand man to fellow investing legend Warren Buffett, died on November 28, just weeks shy of his 100th birthday. Born on January 1, 1924, in Omaha, Nebraska, he served as a weather forecaster in World War II. After the war, he received his law degree from Harvard, even though he never completed his undergraduate degree. He became a successful corporate lawyer before pivoting to becoming a businessman himself.

He met Buffett in 1959 at a dinner, becoming inseparable business partners and friends. Together, they grew Berkshire Hathaway, once a struggling textile manufacturer, into an corporate juggernaut, investing in myriad companies and posting outsized returns for decades.

Henry Kissinger (1923-2023)

Henry Kissinger, one of the central figures in 20th century American diplomacy, died November 29 at 100. Kissinger, who was born in Germany, came to the US in 1938, his family fleeing Nazi rule. His accounting studies interrupted by World War II, Kissinger served in the army. He later studied political science at Harvard, eventually earning his Ph.D. He became a noted foreign policy expert by the time Richard Nixon appointed him as National Security Adviser in 1969 and later as Secretary of State in 1973.

His diplomatic contributions include establishing relations with communist China and negotiating a peace with the North Vietnamese. His controversial actions include advocating for bombing Cambodia, support for Argentina’s military during the Dirty War, and support for the coup which led to Augusto Pinochet’s dictatorship in Chile.

Kissinger remained an influential voice on diplomacy in the decades after his public service, most recently making a surprise visit this year to China to speak with leader Xi Jinping amid growing tensions between the US and China.

 

Sandra Day O’Connor (1930-2023)

Sandra Day O’Connor, the first woman appointed to the United States Supreme Court, died December 1 at 93 following a five-year battle with Alzheimer’s, the same disease that afflicted her late husband, who died in 2009.

O’Connor, born in El Paso, Texas, in 1930, graduated from Stanford Law School, but found difficulty finding work following graduation. She eventually found work with the San Mateo County DA’s office and started her involvement in Republican politics. She and her husband later moved to Arizona, where she ran for state senate, rising up to majority leader. After her stint in the legislature, she became a judge.

In 1981, President Ronald Reagan appointed her as the first female Supreme Court, fulfilling a campaign promise. O’Connor became known as a conservative-leaning moderate, retiring in 2006. In retirement, she launched a project to teach kids about civics.

Norman Lear (1922-2023)

Norman Lear, television pioneer and political activist, died December 5 at 101. Lear was a prolific creator of television shows, with some of his best known including ‘All in the Family,’ ‘The Jeffersons,’ and ‘Good Times,’ often including commentary on social issues.

Lear was also noted for his activism, most notably founding the progressive advocacy group People for the American Way.

 

Questions Remain After Spree Shooter Leaves 18 Dead in Maine

After 40-year old Richard Card was found dead of a self-inflicted gunshot wound two days after his shooting rampage left 18 dead and 13 more injured, questions over his motives, mental health, and access to firearms have continued to mount.

Card, an Army reservist, had been held in a hospital for psychiatric care in July of this year after behaving erratically while training at West Point. Card had told others he had been hearing voices and was disturbed by their content.

Card was released in August from the hospital. He had tried to purchase a firearm suppressor, the purchase of which was initially approved but later denied after Card admitted on his form that he had previously been committed to a mental institution.

The next month, Sagadahoc County Sheriff’s Office launched a search for him after someone from his Army unit reported that he feared Card was dangerous and could even commit a mass shooting. The sheriff’s office called off the search in October.

On October 25, Card opened fire at a Lewiston, Maine bowling range, killing 7. He later opened fire at a bar, killing 11. After a statewide manhunt and residents being urged to shelter in place, his body was found on October 27.

 

Trump Enters Not Guilty Plea in Fulton County, GA Case

Former President Donald Trump entered a not guilty plea to 13 state felony counts, including racketeering, Thursday. Trump did not appear in court in person in Atlanta, Georgia, where the charges were filed, but rather filed a written plea which also waived a formal arraignment. Trump surrendered last week to the Fulton County Sheriff’s Office, where he was booked and had his mugshot taken. Trump is one of 19 defendants to be charged by Fulton County District Attorney Fani Willis’s office. 

Fani Willis, a Democrat, launched an investigation into Trump and his allies in February 2021 after Trump’s team challenged the results of the 2020 election and in the aftermath. Willis believes Trump and his co-defendants broke the law by their actions challenging the results.

 

Former President Donald Trump Indicted by Manhattan Grand Jury

Former US President Donald Trump was indicted by a Manhattan grand jury Thursday. Trump is the first president, former or current, to be indicted on a felony charge.

The indictment stems from an October 2016 payment from Michael Cohen, Trump’s then personal lawyer, to pornographic actress Stephanie Clifford, better known by her stage name Stormy Daniels, to cover up a 2006 affair between her and Trump. Cohen, who was reimbursed by Trump for the payment, was later convicted for violating campaign finance law for making the payment without it being disclosed as a campaign expenditure. The conviction was part of a larger criminal investigation in which Cohen pleaded guilty to multiple charges of fraud and tax evasion related to his businesses.

The indictment comes amid other probes into Trump’s conduct during his presidency and his post-presidency. He is under investigation by state authorities in Georgia over his alleged attempts to improperly influence election officials in the 2020 election. He also is facing a federal investigation into his handling of classified documents after he left the presidency as well as potential obstruction. Attorney General Merrick Garland appointed special counsel Jack Smith to investigate in the federal case.

Trump is expected to surrender to police on Tuesday next week, where he will be fingerprinted and have his mugshot taken.

One of Trump’s lawyers, Joe Tacopina, is making television appearances defending his client from the alleged charges, also saying that Trump will not take a plea deal in the case.

Republicans have vocally criticized the indictment, accusing Manhattan District Attorney Alvin Bragg (D) of political animus. Some congressional Republicans have said they will call on Bragg to testify before Congress regarding the prosecution. Bragg has denied any political motivation for the prosecution. 

Bragg himself is a controversial figure. Elected in 2021, Bragg ran on a progressive platform, promising a less punitive approach to criminal justice focused on rehabilitation rather than punishment. Critics argue his policies are in part responsible for an increase in crime in New York City.

 

East Palestine, OH Residents Grapple With Toxic Fallout

Nearly a month after a Norfolk Southern freight train derailed near the village of East Palestine, Ohio, local residents are still contending with the fallout of the toxic chemicals that were spilled in the initial derailment, as well as those burned in an attempt to clean the area.

After the initial derailment on February 3, officials began evacuations within a 1-mile radius. Three days later on February 6, the vinyl chloride, a toxic, carcinogenic chemical used in the manufacture of PVC, was burned to prevent possible explosions. The evacuation order was lifted on February 9 after Environmental Protection Agency (EPA) officials reported that the area was safe. However, local residents have reported health issues since that time, and numerous animal deaths have been documented, including thousands of fish and frogs.

Officials hosted a town hall for residents to ask questions. Representatives from Norfolk Southern were set to appear at the event, but the company pulled out at the last minute, citing what they perceived as safety issues.

Grocery chain Giant Eagle has pulled its branded water, which is bottled 25 miles away from the derailment site. Some high school teams have also forfeited games rather than play in the affected region, concerned about possible health effects from the released chemicals.

Some have criticized the state and federal response to the derailment and chemical contamination. While FEMA sent an assistance team, because there was technically no property damage to the residents of the area, it did not qualify as a “major disaster.”

 

Mishandled Classified Documents Scandal Plague Biden, Trump, Pence

The Biden White House continues to work to limit the political and legal fallout from classified documents dating from his time as vice president found at the Penn Biden Center as well as his personal residence.

Biden’s lawyers first alerted the National Archives and Records Administration (NARA) on November 2, 2022, of classified documents found at the Penn Biden Center. NARA alerted the Department of Justice (DOJ), which began investigating the handling of the documents. CBS News reported on January 31 that the FBI searched the Penn Biden center in mid-November 2022, something the White House has not yet revealed.

On January 9, the White House revealed the released information about the document situation while trying to draw differences between Biden’s case and former President Donald Trump’s handling of classified documents after his presidency. Trump’s Florida residence Mar-a-Lago was raided by the FBI on August 8, 2022, and Attorney General Merrick Garland appointed a special counsel into Trump’s case on November 18.

Garland would do the same in Biden’s case on January 12.

More documents were reported found in Biden’s Wilmington, Delaware residence on January 11. The FBI later conducted a voluntary search of his residence, finding additional documents.

On January 24, NARA revealed that former Vice President Mike Pence also retained classified documents at his Indiana home, leading to speculation that such mishandling of documents may be widespread among high-ranking government officials.

 

Memphis Deals With Aftermath of Tyre Nichols’ Death

The city of Memphis continues to work to contain the fallout following the beating death of 29-year-old Tyre Nichols earlier this month. Nichols was killed by five police officers, who alleged that Nichols had been engaging in reckless driving. All five officers have been charged with murder, along with other crimes, for their involvement. Nichols and the five charged officers are all black.

The Memphis Police Department (MPD) has also removed two other officers, one of whom has been named. Neither officer has yet been charged criminally.

The five charged officers belonged to MPD’s SCORPION Unit, an anti-gang unit charged with reducing crime in high-crime areas of the city. The city police department has announced that unit will be disbanded, and investigations into the unit’s culture and methods are likely.

Nichols’ death has led to protests over police brutality, similar to the summer of 2020 demonstrations following the death of George Floyd. Violence and looting, while occurring at or following some demonstrations, has been far more subdued than in 2020.

 

Suspect Arrested in Idaho College Murders

Authorities in Pennsylvania have made an arrest in the case of four University of Idaho students murdered in Moscow, Idaho. The suspect has been identified as 28-year-old Bryan Kohberger.  He was arrested on a warrant for first-degree murder.

The four victims, Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin, were murdered by stabbing at an off-campus house on November 13.

Kohberger is a graduate student in criminology and criminal justice at nearby Washington State University.

 

Supreme Court Issues Flurry of Conservative Opinions in End of Term

The Supreme Court issued several other notable rulings widely seen as wins for conservatives:

· NYSRPA v. Bruen: Struck down a New York state that required gun permit applicants to show a reason for why they needed to carry a gun

· West Virginia v. EPA: Limits the ability of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions absent further congressional action

· Kennedy v. Bremerton School District: Coach fired for praying during school game had right to do so under 1st Amendment

 

Clinton Campaign Lawyer Acquitted of Lying to the FBI

Lawyer for the 2016 Hillary Clinton campaign Michael Sussmann was acquitted by a jury in federal court Tuesday, ending a two-week trial in which he was accused of lying to the FBI.

The indictment of Sussmann was part of John Durham’s investigation into the origin of the narrative of the Trump-Russia collusion narrative. The indictment accused Sussmann of lying to the FBI in 2016 when he told FBI General Counsel James Baker that he was not representing a client when discussing his allegation that the Trump campaign was working with Russia. Sussmann was working for the Clinton campaign at the time.

 

Ghislaine Maxwell Federal Trial Begins in New York

The trial of Ghislaine Maxwell, the British socialite accused of sex trafficking teenage girls along Jeffrey Epstein, begun in New York Monday. Her defense team aims to cast her as a pawn in Epstein’s sordid affairs, while prosecutors aim to demonstrate that Maxwell was a ringleader in the operation.

Epstein, who died in federal custody in 2019 while awaiting trial, was known for his relationships with powerful individuals, including Bill Clinton, Prince Andrew, and Donald Trump (before he became president). All men have denied any wrongdoing.

Bill Cosby Freed from Prison After Conviction Overturned

Actor and comedian Bill Cosby, convicted in 2018 of sexual assault, was set free from prison Wednesday after serving nearly three years of a three to ten year sentence. The Pennsylvania Supreme Court overturned his conviction, citing violations of Cosby’s due process rights under the 5th and 14th Amendments.

In 2005, Montgomery County District Attorney Bruce Castor, also known for his defense of President Donald Trump in his second impeachment trial, promised Cosby that he would not be criminally prosecuted if he provided testimony under the penalty of perjury in a civil case that alleged sexual assault by him. In his testimony, Cosby admitted to providing Quaaludes to women, and this admission was a basis for his criminal conviction in 2018. The Supreme Court ruled that the prosecution broke Castor’s previous agreement when prosecutors later sought criminal charges against Cosby. The court also barred any further criminal charges from being brought against Cosby in this case.

After his release, Cosby returned to his home in Elkins Park, Pennsylvania

Amy Coney Barrett Confirmed to Supreme Court

Barrett, picture here in 2018,
after her elevation to the Seventh
Court of Appeals

Judge Amy Coney Barrett of the Seventh Court of Appeals was confirmed Monday on a nearly party-line vote, with all Democrats voting against confirmation and all Republicans voting for it except for Sen. Susan Collins of Maine, who is locked in a close reelection battle. 

Barrett, who was nominated last month to replace Ruth Bader Ginsburg after her death from pancreatic cancer, is widely viewed as a judicial conservative and has repeatedly affirmed her belief in  originalist jurisprudence that seeks to interpret laws as they were originally written. Her elevation to the high court is expected to shift the court to the right as she replaces the liberal Ginsburg and removes Chief Justice John Roberts, a moderate conservative, as the swing vote.

 

Social Unrest Continues Across the US

The death of George Floyd in Minneapolis at the hands of four police officers last month led to social friction, and while the most violent undercurrent has ebbed for now, it has not fully abated. Protestors condemning the treatment of black Americans by police as well as society at-large have been largely peaceful, though some in the movement have insisted on more forceful measures, such as toppling statues, spray painting monuments, and occupying public spaces. The most notable of the last is the Seattle Capital Hill Occupied Protest (CHOP), which has resisted attempts to disperse as its occupants continue to control several city blocks.

Senate Continues with Impeachment Trial

UPDATE 1/31/20 9:51 PM EST: The Senate voted 51-49 to reject any additional witnesses in Trump's impeachment trial.

The US Senate took up the impeachment case against President Donald Trump this month, and is currently in the question-and-answer phase of the trial. This comes after the president's impeachment (similar to an indictment) by the US House of Representatives last month and the presentations both by the House managers, who argue for the president's removal from office, and the president's defense team.

The House impeachment managers, led by House Intelligence Committee Chairman Adam Schiff (D-CA) argued that Trump's actions on a phone call last year with Ukrainian President Volodymyr Zelensky constituted an impeachable offense after Trump asked Zelensky to open an investigation into the dealings of Hunter Biden, son of former Vice President and Democratic presidential contender Joe Biden. Witnesses allege that Trump planned to hold military aid to Ukraine, previously appropriated by Congress, unless the investigation occurred. The aid was released, though only after a whistleblower reported it. Democrats called such the alleged act an abuse of power in an attempt to hurt a domestic political rival, and also added another article of impeachment alleging obstruction as Trump did not allow key administration figures, such as acting Chief of Staff Mick Mulvaney, to testify.

The president's defense team countered the arguments put forth by House Democrats, saying that the president never threatened the Ukrainian officials directly with withholding aid, and such an act is not even an impeachable offense as no written statute exist outlawing it. Senators will soon vote whether to allow more witnesses, such as former National Security Advisor John Bolton, to testify. Bolton is believed to have first-hand knowledge of the decisions Trump was making in the matter. Republican defenders of the president have countered that they will ask Joe and Hunter Biden to testify and answer questions about alleged profiting from Joe Biden's political office. Joe Biden denies the allegations and had originally said he will not comply with a Senate subpoena, though he has since said he will testify if compelled by a lawful Senate order.

New York Metro Area Experiences Series of Anti-Jewish Attacks

At least five people were attacked in a Rockland County, New York, home last Saturday, all of them Jewish. The suspect, Grafton E. Thomas, 37, was apprehended afterward. Investigators claim that Thomas had searched online for “Why Did Hitler Hate the Jews,” in addition to finding a journal with references to claims and arguments often put forth by the Black Hebrew Israelites, known for their anti-Semitic beliefs.

This follows an attack earlier this month by two Black Hebrew Israelites which killed four people in a series of attacks in Jersey City, two of them Orthodox Jews.

Trump Impeached by House, Faces Trial in Senate

President Donald Trump this month became the third president in US history to be impeached, with a majority of the House of Representatives voting to impeach him on two charges, one for abuse of power regarding his phone call with Ukrainian President Volodymyr Zelensky and the request to investigate Hunter Biden, and one for obstruction of Congress for not providing documents from the White House in the course of the inquiry.

 The vote was near party line, with nearly all Democrats voting for both charges and no Republicans voting for either. Independent Justin Amash of Michigan, who broke from the Republican Party earlier this year after he came out in favor of impeachment even before the Ukrainian issue came forth, voted to impeach on both counts. Notably, Democratic presidential contender Tulsi Gabbard of Hawaii voted “present” on both counts, saying she favored censure of the president rather than impeachment. Rep. Jeff Van Drew of New Jersey voted against both impeachment charges as a Democrat before switching to the Republican Party days later.

While impeachment articles are usually quickly sent to the Senate to begin the trial phase (two thirds of the Senate must vote to convict the president to remove him, an unlikely scenario given the chamber’s Republican majority), House Speaker Nancy Pelosi (D-CA) has withheld sending them over, claiming concerns that Senate Majority Leader Mitch McConnell (R-KY) will not conduct a fair trial but seek to have Trump exonerated quickly with as little political damage as possible. McConnell has said  he is working with the White House during the process, something that has been opposed by Sen. Lisa Murkowski (R-AK), a leading moderate and potential swing vote.

Robert Mueller Speaks Publicly for the First Time Since Investigation Started

Former Justice Department Special Counsel Robert Mueller spoke publicly Wednesday to speak on the findings in his report on Russian intervention in the 2016 presidential election, alleged Trump campaign collusions with those efforts, and possible obstruction efforts by President Trump of the investigation.

Mueller offered no new information on his findings. He reiterated that the report did not find criminal activity between the Trump campaign and Russia, but could not says the Trump campaign did not commit any obstruction. Mueller said once again that his investigation was constrained by Department of Justice guidelines that prohibit the indictment of a sitting president.

Mueller refused to take questions and said he would not engage in hypotheticals. Chief among them is whether Mueller would indict Trump if he were not the president. The report said that, in addition to the DOJ guidelines, such charges may be difficult to prove given the president’s wide latitude to appoint and dismiss officials. Most evidence of obstruction given in Mueller’s report was related to Trump’s failed attempts to fire officials overseeing the investigation.

Mueller Report Released

Attorney General William Barr released the Mueller Report on April 18. The report, which had portions of it redacted to protect information related to ongoing investigations and grand jury testimony, detailed Russia’s involvement in the 2016 election, the investigation into whether the Trump campaign conspired with them and whether President Trump attempted to obstruct justice. 

The report says Mueller’s team did not find that the Trump campaign criminally conspired with the Russian government. It did not make a judgment whether the Trump campaign obstructed justice, however. It listed actions by Trump that Mueller viewed as evidence that obstruction may have occurred, such as firing FBI Director James Comey and telling then-White House Counsel Don McGahn to fire Mueller, but also wrote that such actions do fall under executive constitutional authority and thus can be hard to prove conclusively as obstruction. In addition, Mueller cited existing Department of Justice guidelines that do not allow indictments of sitting presidents.

Mueller Report Complete, AG Says He Will Release It

A dramatic chapter in US political history has come to an end as Special Counsel Robert Mueller turned in his final report to US Attorney General William Barr, detailing his findings on Russian meddling in the 2016 election, alleged collusion between the Trump campaign and Russia, and whether the president obstructed justice. The full report has not been released, but a four-page summary released by Barr says the 300-page report concluded there was no evidence of collusion between the Trump campaign and Russia and there was  insufficient evidence that Trump obstructed justice, leaving the choice to prosecute the president to the Department of Justice (DOJ). Barr and Deputy Attorney General Rod Rosenstein both agreed that there was insufficient evidence to prosecute Trump and will not do so, with both not considering whether prosecuting a sitting president is appropriate. Their decision effectively ends the president’s legal worries on that front.

Democrats criticized Barr for not releasing the report, calling for the full publication of the report, a position that has bipartisan support according to polls and a recent House vote on the matter. Barr has said he will release the report in April once the DOJ properly redacts it to prevent the release of classified information.

Trump has claimed complete exoneration on the matter, with Democrats responding the report did not do so, especially on the matter of obstruction. However, given Trump’s repeated claims that his campaign did not collude with the Russians and the report not discovering any evidence of it doing so, the Trump team’s celebration does not appear to be without cause.