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Page B44From§Each · the Justice & Legal book24 October to 25 October 2026

Justice & Legal

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THE INTERVENTIONS

Justice Department vows not to improperly block any election, tries to block three this month.

The letter the Department of Justice sent to counties across California this week is nicely done, and I don't say that about much coming out of Washington lately. Clean letterhead, the seal placed where a designer would want it, each sentence built short and plain, the way a lawyer builds a sentence for a judge to read twice. Somebody put real care into it. Then you get to the number sitting one lawsuit over — twenty thousand ballots in Los Angeles County alone that the same Department has asked a federal court to set aside before anyone finishes counting them — and the letterhead stops being the interesting part.

I wrote the word in quotes because he said it like it was carrying weight the rest of the sentence wasn't.

September 10th: a federal appeals court looked at an earlier version of this — an order restricting mail-in voting — and called it "likely unlawful." That's the First Circuit's language, not mine.

October 6th: the people who rate these races for a living moved Alaska's Senate seat from "Toss-up" to "Leans Democrat."

October 13th, a Tuesday: the Department sent Los Angeles County a thumb drive with a password written on it by hand, and asked the county to check names against it. The county said no. Two days later, the Department sued the state of California to stop the count instead.

I tried this out on my own life, the way I do. Picture the toll plaza, the EZ-Pass lane, and the gate doesn't lift. Somebody waves you to the shoulder and says your transponder's on a list of ones that might not be yours — can't say why, can't say for how long, the bridge stays open, just not to you yet. That's what "segregate" means when it isn't your glovebox doing the sorting. It's a county clerk's office, and the ballot doesn't move until somebody with a badge clears it.

And today: the Department sued to block Alaska from certifying its Senate race, but only if the Republican loses it. A columnist on Fox Business said this week that the man running against the Senator happens to also be named Dan Sullivan, which he called "a whole bowl of wrong." I went looking for a second source on that. The wire service covering the lawsuit describes the race as two Republicans confusing voters with similar names. The ratings service that moved the race in October names the Democrat in it as Mary Peltola. I've read all three descriptions twice now and still can't get two of them to agree on who's running. Which one is on the ballot?

So that's the ledger as I have it: one letter, two lawsuits, two states, zero proven fraudulent votes in any of the three. Is that the same Department a federal appeals court already told, back in September, that the last version of this was likely against the law?

Oh — one more thing, before I let you go, since the page is already open. I'm sorry to come back to this, but the promise in the spring wasn't that his Department wouldn't block a certification — it was that it wouldn't do it the wrong way. I've been through the whole notebook since, front to back, and I still can't find the page where one of these three was done the right way. Can you?

The receipts (9)

Musk blamed Washington for the Starlink slowdown he ordered, then restored it the day the public noticed.

The cap died Saturday, after a week on a restriction the contractor would not explain. It was born the week of October 14, when the Times reported the same company's owner the largest known donor of this midterm cycle, $276 million, and the question of why Ukraine's battlefield internet had slowed to 100 mph went unanswered while the money question got answered in full. By the 17th, Zelensky said Starshield was still restricted and called the breakdown a "planned operation" to target Kyiv; the company and the White House each pointed at the other, the oldest malarkey in Washington. By the 20th, the Wall Street Journal reported, and The Hill confirmed, that Musk himself had ordered the slowdown — the true explanation arriving three days after the denial.

That same day, Zelenskyy said Washington gave no warning before Russia struck Kyiv's power plants, called it a "denial of reality," and revived his charge that Washington was withholding intelligence to pressure Kyiv toward a settlement it has not agreed to. The power went out in Kyiv the same week the internet stayed capped in Kyiv, and the explanation for both arrived on the same clock: late, and from someone else's mouth.

On Saturday the cap lifted. CBS and The Hill reported Starlink's speeds restored; the Washington Examiner reported Starshield fully unlocked, more than a week after the system appeared to be mysteriously restricted. Zelensky confirmed it himself, on social media, in the afternoon. The cause of death went unlisted. The restriction had lasted exactly as long as it went unnoticed, and it died the moment it didn't.

It was not Ukraine's first drone season. On September 20, during its own parliamentary elections, Ukraine flew more than 1,000 drones at Russia in what Moscow's mayor called the largest attack yet; on October 6 it sent 650 more at the capital. On Saturday it hit a missile-parts plant, the same day the cap lifted, with a drone swarm grounding flights over Moscow and clearing a government tower. The war did not pause for the terminals to come back on; it simply had more light to work by once they did.

The cap is survived by the question of who holds a war's own eyes, and by the week it took Washington and the company to settle, between them, who would answer for it. It is preceded in death by the warning Kyiv did not get on the 20th, and by the explanations offered before the one that was true.

In lieu of flowers, a written accounting of who ordered the slowdown, filed before the next terminal goes dark.

The receipts (89)

THE INTERVENTIONS

Justice Department sues to block Alaska's certification only if the Republican loses; the election is ten days away.

The complaint that came out of Washington on Friday is careful work, and I want to say that before I get into the rest of it. The argument inside it is a decent argument, too. A voter walks in, looks down at the Senate line, and there are two men named Dan Sullivan sitting one above the other. That could turn a person around. I have pulled the wrong socket out of my own toolbox with the number stamped on the side of it. Somebody in that building sat and thought about a person standing at a booth with a pen, and that is more thought than I expected out of the week.

Then there is the condition.

The suit asks a court to stop Alaska from certifying its Senate race if Senator Dan Sullivan loses to Mary Peltola. Not if a count comes back crooked. Not if the confusion turns up in the numbers somewhere. If the Republican loses. The president said Friday he had instructed his administration to file it, and it goes in before the counting, with the election less than two weeks out.

I wrote this down Friday because I wanted the words in the right order, and — hold on, it is back here under a phone number — ah. Here it is. The Attorney General said the Department would not "improperly" block any state's certification. That is one word carrying a great deal of freight in a short sentence.

Here is the part I keep turning over. The president said Friday that two Republicans with similar names are on that ballot. A columnist said on Fox Business the same day that Democrats put up a guy named Dan Sullivan with a different middle name to confuse voters. Same ballot, same afternoon, two sides of the same aisle. Can both of those be a description of one ballot?

Nine days before the Alaska filing, the same Department sued California over alleged noncitizen voting, told every county to set aside the ballots it considers "likely noncitizen," and asked a federal court to halt the count. In Los Angeles County that is twenty thousand ballots pulled out of the pile before anybody finishes going through it. Out in my garage there is a coffee can of bolts I inherited with the house, and no thread gauge anywhere in the place — it went out with the car that needed the fan belt. So I eyeball them. The ones that look metric go in a second can, the second can goes up on the shelf, and the shelf is now, I tell myself, sorted. Not one bolt has been measured. When a county sets aside the likely ones, what is it holding them up against? Of those twenty thousand, how many has anyone shown to be what the letter says they are likely to be?

The Department has been told about this once already. On 10 September a federal appeals court blocked an earlier push on mail voting and called it likely unlawful. And on 1 October, in the middle of all this filing, former officials told the Guardian the administration had walked away from the security bodies meant to investigate foreign actors and domestic terrorists going after our elections, while it chased unverified claims of noncitizen fraud. Five days later, the Guardian reported, election deniers were back on friendly television with fresh warnings about ballot security.

Oh — one more thing before you lock up, and then I am out of your hair. There is a person in this file who was actually convicted of breaching a voting system, a system she swore to protect. Tina Peters served under two years for it. The president has gone to extraordinary lengths for her. In September a conservative California county north of Sacramento offered her the job of running its elections, and her would-be boss said she turned it down because she is running around the country securing elections. California is the state whose count this Department wants halted. I am sorry to drag that word back out — I only meant to use it the once. Does the Attorney General's sentence say which of this month's filings he would file under improperly?

The receipts (9)

Musk admits the throttle he blamed on Washington was his own, the same day service was restored.

Elon Musk said this week that SpaceX throttled Ukraine's Starlink speeds itself, over drone strikes, ending ten days in which the company let the government that funds the terminals take the blame.

The cap began October 14, the same day the Trump administration was pressing Ukraine to stop hitting Russian oil refineries; The Guardian reported Ukraine's military access to Starlink had been suddenly restricted, no explanation given. Common Dreams, writing the same day, pressed the question that would sit unanswered for a week: what it costs a country to run its war on a network it does not own.

On October 15, Russian strikes hit while the outage was still being worked; NBC reported Ukrainian officials blaming Musk's restrictions for drones losing connection in flight, and Musk, in the same report, pointing at Trump. Each side had an alibi. The drones still lost signal.

On October 19, Zelenskyy said Washington gave no warning before Russian strikes hit Kyiv's power plants — a different system, the same silence. Moscow grounded flights again.

By October 24, Starlink and Starshield were both back at full speed. That is the day Musk told CBS the slowdown had been SpaceX's own decision, made over drone strikes — not Washington's policy, not a technical fault, a choice with an author, named at last by the man who made it. By the time the admission arrived, the drones were already flying at full speed again; the week of mutual blame had already been spent, and nothing in the record says it cost the company anything to spend it.

A communications network one company can turn down without notice and turn back up without explanation was never a utility. It was a leash, and the week showed whose hand was on it. The fix, once it came, was the easiest kind: flip the switch back. The restriction itself had only ever been bunk.

In lieu of flowers, Congress should require any contractor supplying wartime infrastructure to disclose, in writing and before the fact, who holds the authority to restrict it.

The receipts (8)

Students protesting rats and falling debris in their schools became footage at Trump's midterm rallies; one Saturday's arrest count was filed at 135, then nearly 1,000.

School funding, the stated cause of the French student protests, died on 18 October at the age of twelve days. It is survived by a Kansas rally, by French protest footage shown at American midterm rallies, and by a ballot on 3 November.

It was born in difficult circumstances, as these things usually are. Democracy Now! reported on 6 October that nearly 2,000 French high schools were blockaded or closed, and that the movement had begun in September at a single school in the economically deprived suburbs of Paris, where students protested teacher shortages, overcrowded classrooms and dilapidated buildings beset by rats and falling debris. That is the shit the children were marching about, and it is the part that did not travel.

It was preceded in death by the schools themselves. Morning Star counted around 400 of them closed on 2 October. The same paper reported on 8 October that students had dragged rubbish bins into position outside the Helene Boucher Lycee in north-eastern Paris the previous morning, erecting barricades before police moved in with tear gas, and that police had made more than 6,600 arrests since late September, when the protests began. The arrested were most of them under 18.

For a while the cause outgrew the schools without losing its name. Common Dreams reported on 8 October that students had led more than 250,000 people in protests demanding education funding, with Clémence Guetté, a deputy of the French National Assembly, saying "we are going to sweep away the old world." On 17 October the same outlet counted demonstrations in 140 cities over inequality, the cost of living and school conditions. A protester identified as Agnes told Agence France-Presse: "For years we've had climate, economy, and equality problems, but the government is not doing anything about it."

The replacement cause was already in print. On 10 October the New York Post ran a column arguing the protests were "really about a growing radical Muslim population that wants to get rid of democracy."

On 18 October the Washington Examiner reported President Trump urging France to secure its borders to "people with hatred in their hearts," and posting "France is burning!" on Truth Social, with police arresting approximately 1,800 people.

The arrest count is the one mourner that kept changing its story. CBS News had more than 1,800 on 19 October, after masked groups set fires and attacked city halls. On 24 October Fox News reported Interior Minister Laurent Nuñez saying 135 people were arrested with 70,000 police deployed; the same day, the same outlet reported the same minister saying nearly 1,000, with the same 70,000. CBS, filing on 25 October, had more than 1,000 and demonstrations that were largely peaceful, with clashes Saturday evening.

The networks' own pictures were the problem and also the evidence. Fox News reported on 19 October that the BBC had called the protests "mostly peaceful" as its own footage showed burning cars, looted shops and nearly 1,000 officers injured nationwide. On 24 October Fox ran the story again under the heading BROADCAST BIAS. On that same Saturday NBC News reported more than 100,000 people marching in Paris over school funding and soaring living costs, police firing tear gas and water cannons near the end.

CBS News reported on 20 October that French officials had implemented local curfews Monday and said an "ultra-left movement" was behind the violence and vandalism. On 21 October Le Monde reported that the US president and his inner circle repeatedly used the violence of October 17 to denounce immigration and Muslims, warning that a Democratic victory in the midterm elections on November 3 would expose the United States to the same dangers. The same day, the Washington Examiner reported that Macron, speaking to the press in Doha, called the comments "stupid" and "unacceptable" and said there was no evidence of foreign actors instigating the protests.

The Hill reported on 24 October that his former campaign manager, Bill Stepien, told CNN's Abby Phillip the midterm picture was "It's ugly." The deceased got one last mention that week in a Washington Examiner opinion piece, which wondered whether the only way the French could get more pens, pencils and the rest was to riot. A penny-ante eulogy, but it did name the thing.

In lieu of flowers, the family asks that before 3 November you find out what your own district spends on its school buildings, and who is telling you the children asking for it are something else.

The receipts (80)

White House credits Ukraine's third ceasefire of the month to the Russia sanctions it waived the week before

Let me start with the number, because the number is the part the critics keep walking past. In one month this White House has produced three ceasefires in the war between Russia and Ukraine. Three. Three is more ceasefires than two. Two is more than one. I am not going to stand here and apologize for a surplus.

The record starts in September. On September 5, AAA priced a gallon of diesel at $5.88, a record, and Axios reported that Republican incumbents' own polling put the blame on the President. On September 14, the President posted that Ukraine had agreed not to hit Russian energy targets and that Russia had agreed to do likewise. On September 19, he signed the Lindsey O. Graham Sanctioning Russia and Iran Act, named for the South Carolina senator who championed it before he died in July, authorizing tariffs of up to 100 percent.

Was that September agreement honored? It was honored in the relevant sense — the sense in which it existed, and we said it existed, and the strikes that kept landing afterward were outside the scope of the — all right. The strikes were the scope. The strikes were the thing it covered. What I am telling you is that the framework was already in place, which is how we were able to replace it so quickly.

On October 11 the President posted: "Effective immediately, there is an ENERGY CEASEFIRE in the War between Russia and Ukraine." Zelensky learned of it from that post and called it "news to me." The Guardian reported the announcement went up as Russian drones hit Kyiv. That same day the President said Ukraine needed a new president and blamed Zelensky for diesel prices; the criticism came after Russian strikes that killed at least 20 people, three of them children.

On October 16 the President called Ukraine's refinery strikes a disgrace. On Friday evening he signed an executive order waiving the sanctions and tariffs in the Graham Act, calling it "in the national interests of the United States" and, afterward, "a very good decision." Senator Thom Tillis called it "Beyond irresponsible." Darline Graham, appointed to her late brother's seat, gently disagreed. Senator Chuck Schumer said, "Trump just gave Putin the best birthday gift he'll get this year." Zelensky said the Act "could have helped enormously," and reported over 320 drones, missiles and munitions aimed at his energy sector.

Here is the mechanism, and I want to be precise about it. The sanctions produced the talks. They produced them because they were signed and then held — an unfired tool is still a tool, Moscow could see the tool, and Moscow came to the table knowing that at any moment we might — knowing we had already put it down, indefinitely, in writing, and told Congress so. Let me restate that. The leverage is the restraint.

On the American's release, the President said enforcing those sanctions would have stopped it, and praised the Russian president as a humanitarian. I know how that plays in Brussels, where Zelensky on Friday called the decision a betrayal and asked allies for another €70 billion for 2027. CBS reported the President is tapping Russian energy to ease prices. The Times reported the waiver came amid fears that high energy prices would cost Republicans in next month's elections, and that the administration is floating more Russian gas sales to Europe. That is responsiveness, priced by the gallon.

Talks resumed Thursday. The Czech president said the diesel deal was "so close." Hours later, missiles landed on Kyiv. Earlier this month a Russian missile hit a housing complex in Pryluky, a Ukrainian city of no strategic value: thirty apartments destroyed, twenty-two people killed, five of them children. A city there is eating weeds to survive.

So: one signed law, in reserve. Three ceasefires inside thirteen days, each one announced on time. We have more.

The receipts (80)

THE ADMISSION

Musk ends week of blaming Washington for the blackout, admits he ordered it, service restored same day.

The excuse died this week, on its own hand. Elon Musk wrote its obituary himself, in a post, on a Saturday.

It was born October 20, when the Wall Street Journal reported, through The Hill, that Musk had ordered the slowdown of Starshield, the Pentagon-funded version of Starlink, and that the restriction had hobbled Ukraine's drones, airplanes, and helicopters. The reporting named a decision. It did not, yet, name anyone willing to stand next to it.

It was survived, one day, by Senator Adam Schiff, who said on October 21 that Democrats wanted an investigation and framed the question with its own arithmetic: "Either the President was lying or Musk was lying, but the decision to slow down satellite speed and access has life or death consequences for Ukraine." The sentence asked for an answer. Washington did not give one that week; it let the question sit, which is its own kind of malarkey.

The answer came October 25, from the man the question was about. Musk wrote on X that Ukraine's military had violated Starlink's terms of service, using what he called civilian terminals "to kill people" in offensive drone strikes, and that "that loophole was closed last week." No agency stood between the sentence and the man who wrote it. The explanation Washington had been left holding for ten days turned out to belong to him the whole time, and he said so himself, without being asked twice.

It died, finally, on the same day it was reborn: Fox News and the New York Times both reported October 25 that Starlink and Starshield had returned to full speed, the confession landing in the same news cycle as the restoration, arriving together like a bill and the receipt that explains it. A private company decided, alone, what a nation at war could say to its own weapons, then decided, alone, when to let it speak again. That is not a contract dispute. That is a loophole closed by the one man who could have told you, at any point in ten days, exactly who opened it.

In lieu of flowers, the family asks that Congress write the terms of service this time, and put a name — any name, under oath — on whoever holds the switch.

The receipts (5)

Same Saturday, Europe's protests get three different tallies — and the mob still makes the New York Post's deadline.

It arrived on 18 October, when the Washington Examiner clocked French arrests at 1,800 in the same dispatch where the president told France to close its borders, the number and the verdict filed together. By 21 October, France24 was documenting what that number had been built to carry: the riots recast, at an American campaign rally, as migrants and jihadists rather than the Paris-suburb students who had started the whole thing over rat-chewed classrooms. The same day, in Athens, the Morning Star counted a different protest entirely — teachers and students marching for school funding and housing, the movement already running through Thessaloniki and Patras before France's Saturday had even arrived.

Three days later, the number tried to hold still and could not. The New York Post, on 24 October, counted "nearly 800" — not arrests, protests, a different unit standing in for the old one. The New York Times, that same day, counted 1,000 arrests but graded the week an improvement: "less property damage," a riot handed a report card.

By Sunday's filing the arithmetic had moved again and the geography had widened past recognition. CBS put France's arrests at "more than 1,000," the clashes confined, it reported, to Saturday evening after a day it called largely peaceful. NPR, filing from Milan, found soldiers posted in the city center and marches already running in Rome, Madrid, Lisbon and Tirana — a French number turned into a European one, with no total offered for the continent at all.

The headcount is survived by soldiers posted in central Milan, by rat-chewed classrooms in a Paris suburb nobody has re-funded, and by a ballot nine days off that one candidate has already told an entire country how to read. It is preceded in death by the 135 arrests Fox News filed first, and the "nearly 1,000" Fox filed after, within the same week, the smaller number simply abandoned rather than corrected. That is the shit the count was supposed to settle, and it still hasn't. In lieu of flowers, pick one unit of measure — arrests, protests or property damage — and ask every outlet filing from the same Saturday to use it.

The receipts (84)

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