Losing My Perspicacity, December 2, 2025

Another illegal Trump appointee bites the dust

Good morning and Happy Tuesday! Thanks for reading this morning.

Among the dystopian hellscape that is the daily news cycle in the second Trump administration, I’ve found great joy in one ultra-specific news genre (no, it’s not Aaron Rodgers throwing interceptions): Alina Habba being smacked down by the courts.

Back in those halcyon days when Donald Trump was a private citizen, Habba was one of the only lawyers he could get to represent him in a couple of batshit lawsuits, including actions against Hillary Clinton and the New York Times. What kind of lawyer is Habba? Well, the Court of Appeals for the Eleventh Circuit recently upheld a ruling that ordered Trump and Habba to pay $1 million in sanctions for filing a frivolous lawsuit against Clinton. Infamously, Habba couldn’t figure out how to admit evidence into the record in the damages portion of E. Jean Carroll’s second defamation trial against Trump, which is something most lawyers learn in their first year of law school.

One such apparent blunder occurred on Thursday when she was hit by an objection after attempting to question Carroll about her income from her Substack blog.

"Ms. Habba, this is Evidence 101," Kaplan told Habba.

Carroll's attorneys then had the next ten objections sustained as Habba tried to ask questions.

YIKES.

So, having zero prosecutorial experience and a questionable grasp of basic law, Trump of course appointed her US Attorney for New Jersey.

Unfortunately for Habba, she’s going to have to hit the unemployment lines, because the Third Circuit Court of Appeals ruled yesterday that she has been unlawfully serving in her role as US Attorney since her appointment.

In its ruling, the three-judge panel, based in Philadelphia, affirmed an earlier ruling by a Federal District Court judge. The court said that the government’s tactics had violated the law as written and concluded that, overall, the Trump administration appeared to have become frustrated by legal and political barriers to placing its favored U.S. attorneys in charge.

The maneuvers undertaken to keep Ms. Habba in charge exemplified the difficulties the administration had faced, the judges wrote. And yet, they said, “the citizens of New Jersey and the loyal employees in the U.S. attorney’s office deserve some clarity and stability.”

My favorite part of the entire opinion was the revelation that US Attorney General Pam Bondi not only played a major role in Habba’s illegal appointment, but tried to get around the law by giving Habba a letter that said she was entitled to undertake “any kind of legal proceedings…that US Attorneys are authorized to conduct.” Cool. I’m going to ask one of my lawyer friends to issue me a letter that says, “Julie can do what she wants.” That oughta cover pretty much everything.

The most gob-smacking part of all of this is how stupid these people are. And how brazen.

In other news: Pete Hegseth found someone to take the fall for his war crimes; We’re getting more details on the man who shot two National Guards in Washington; Nobody likes Kash Patel; and The High Note.

Here we go.

Pete Hegseth found an admiral to blame for the “second strike”

After many Americans, including reporters and members of Congress, started pointing out that it was probably a war crime to be blowing up would-be fishermen in the Caribbean, the Trump administration quickly changed its tune on who ordered the much-discussed “second strike” on a boat, ensuring everyone on board was killed. Now, the claim is that Secretary of Defense Pete Hegseth ordered the strike, but not the killing of survivors.

At the White House on Monday, Karoline Leavitt, the press secretary, read a statement that said Mr. Hegseth had authorized the Special Operations commander overseeing the attack, Adm. Frank M. Bradley, “to conduct these kinetic strikes.”

She said that Admiral Bradley had “worked well within his authority and the law directing the engagement to ensure the boat was destroyed and the threat to the United States of America was eliminated.”

According to five U.S. officials, who spoke separately and on the condition of anonymity to discuss a sensitive matter that is under investigation, Mr. Hegseth, ahead of the Sept. 2 attack, ordered a strike that would kill the people on the boat and destroy the vessel and its purported cargo of drugs.

But, each official said, Mr. Hegseth’s directive did not specifically address what should happen if a first missile turned out not to fully accomplish all of those things. And, the officials said, his order was not a response to surveillance footage showing that at least two people on the boat survived the first blast.

Admiral Bradley ordered the initial missile strike and then several follow-up strikes that killed the initial survivors and sank the disabled boat. As that operation unfolded, they said, Mr. Hegseth did not give any further orders to him.

Last week, The Washington Post reported that Bradley ordered the second strike after Hegseth told him to “kill everyone.” And THAT is the reason we’re getting PSAs from Congress reminding military members that they have a duty to refuse any illegal orders.

Keep in mind, this is the kind of thing Pete Hegseth has been posting over on X:

First, Franklin is Canadian, you moron. He just wants to sit down with a mug of Tim Horton’s and watch the hockey game. Second, should the Secretary of Defense be tagging his posts with his location? Whatever, I don’t even care.

I love this bit by Tom Nichols over at The Atlantic:

The halls of the Pentagon are apparently strewn with rakes these days, and Hegseth has managed to step on almost all of them, including security blunders, needless fights with the press, and envious, unmanly whining about the medals on the uniform of Senator Mark Kelly, a veteran of higher rank and far greater achievement than Hegseth himself. Like Trump, Hegseth thinks his job is to get even with people he views as enemies: When Hegseth pulled more than 800 senior officers into an auditorium to give them a long and pointless harangue, it was not only disrespectful; it was cringe-inducing, like watching the angriest kid in your high school come back 20 years later as the principal and unload his adolescent gripes on all the teachers in the staff lounge.

Now, however, Hegseth is in new and far more dangerous territory. The Washington Post reported last Friday that, back in September, Hegseth ordered the killing of the survivors of the first strike against what the administration says are terrorist-controlled drug boats. If this report is accurate, it means that Hegseth issued what is called a “no quarter” order, a crime in both American and international law.

Gosh, maybe putting the guy covered in Christian Nationalist tattoos in charge of the Pentagon was a mistake. Anyone know how to report someone to The Hague?

National Guard gunman was “isolated” and “struggling”

We’re starting to get some details on the life of the Afghan man who shot and killed one National Guard member and put another in the hospital. According to multiple outlets, Rahmanullah Lakanwal’s mental health had declined sharply in the weeks and months ahead of the shooting, due in part to a lack of support once he emigrated to the US.

According to emails obtained by the Associated Press, Rahmanullah Lakanwal’s mental health had been unravelling for years, leaving him unable to hold a job and flipping between long, dark stretches of isolation and taking sudden, weeks-long cross-country drives.

The emails reveal mounting warnings about Lakanwal, whose erratic conduct raised alarms long before last week’s attack. His behavior deteriorated so sharply that a community advocate reached out to a refugee organization for help, fearing he was becoming suicidal.

They did not, however, see any indication that Lakanwal would commit violence against another person.

Per The Guardian, Lakanwal came to the US with his wife and five children in 2021, but struggled with learning the language and with keeping a job.

The emails described a man who was unable to hold a steady job or commit to his English courses while he alternated between “periods of dark isolation and reckless travel”. Sometimes, he spent weeks in his “darkened room, not speaking to anyone, not even his wife or older kids”. At one point in 2023, the family faced eviction after months of not paying rent.

Lakanwal would also reportedly get in his car and drive as far as Illinois (he lived in Washington State), and would sometimes be gone for weeks without his family knowing where he was. The most devastating part of these revelations is that Lakanwal was pretty obviously suffering from PTSD, and had been a “chatty” and “social” person when he arrived in the US. Sadly, once he began to struggle, there was simply no infrastructure in place to help an Afghan refugee who struggled to assimilate.

I am a strong proponent of gun laws. That said, we desperately need to beef up our mental health resources in this country, for all our sakes.

Kash Patel is making no friends at the FBI

On the heels of whispers that Donald Trump is on the verge of replacing Kash Patel as head of the FBI, Patel received more bad news yesterday when an internal FBI assessment intended for Congress was leaked to the media.

The FBI director, Kash Patel, is “in over his head” and leading a “chronically under-performing” agency paralyzed by fear and plummeting morale, according to a scathing 115-page report compiled by a national alliance of retired and active-duty FBI special agents and analysts.

The leaked assessment, obtained by the New York Post and prepared for both congressional Senate and House judiciary committees, is based on confidential accounts from 24 FBI sources.

They accuse Patel of lacking the experience to lead the FBI and that managers will not take initiative without explicit direction for fear of being fired. Patel’s first six months have produced a “troubling picture” of an organization described by insiders as a “rudderless ship”, with two sources independently characterizing the director as being “in over his head”. One stated he “lacks the requisite knowledge or deep understanding of all the FBI’s unique and complex investigative and intelligence programs”.

But the best part of this assessment was a whole diatribe on having to find Patel a size “medium” FBI raid jacket in Utah, because he refused to get off the plane without one.

According to the assessment, on 11 September, the day after conservative activist Charlie Kirk’s assassination, Patel arrived in Provo, Utah, but refused to leave the FBI jet without an appropriate raid jacket. A described “highly respected” source in the report explained that agents working the Kirk investigation had to stop their work to find a medium-sized jacket for Patel. When a female agent’s jacket was delivered, Patel complained about missing Velcro patches on the sleeves and refused to disembark until Swat team members removed patches from their own uniforms and attached them to the borrowed jacket.

The same source confirmed media reports that Patel “yelled” at the special agent-in-charge and directed “an expletive-laden tirade” over “perceived blunders” in the case. Dan Bongino, the deputy director, later telephoned to apologize, “saying that never should have happened”.

Amazing content. I hope whoever gave up her jacket got a new one, or a metric ton of sage, courtesy of the FBI. Anyway, things are about to get worse for Patel, because Congressional Democrats are now investigating Patel’s use of a private FBI jet for personal excursions.

The High Note

Each Day, I do my best to leave you with a smile on your face, a song in your heart, and the will to fight another day.

First, not every major corporation has rolled over for Trump. Costco is suing the Trump administration to recover the costs of Trump’s tariffs.

Please enjoy the animals at the Brookfield Zoo frolicking in all the snow we’ve gotten here in Chicagoland over the last few days.

Hey, survive and advance out there today, kids. Don’t let the bastards get you down.

Follow Julie on Bluesky and Instagram so she can get another book contract.

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