Mostly Monday Reads: Justice too Long Delayed is Justice Denied*

“As Trump’s criminal trial winds down, Melania finally makes her way to the Manhattan Courthouse to support her embattled husband.” John Buss, @repeat1968

Good Day, Sky Dancers!

I think it’s obvious by now that we no longer have a two-party system.  Neither of them was ever close to fine, but whatever theocratic, fascist right-wing cult that calls itself Republican these days is beyond a political party. They are incapable of governing. They have nothing to offer policy-wise that comes close to being conservative or constitutional.  I’m not sure what’s propping them up at this point,  but it’s getting beyond worrisome.

I’m not sure I can even sit through the next round of upcoming presidential debates.  I still remember clearly sitting at a Hillary Volunteer Event at the Country Club in my Bywater neighborhood with my daughters and their guys, watching Trump stalk Hillary.  Dr. David Lustig put it this way. “When I remember Trump debating, I recall him interrupting and talking over Biden incessantly, spewing ludicrous, asinine lies as only he can. But most saliently, I recall him stalking Hillary onstage, like a crazed Chucky doll— or as his hero, Hannibal Lecter, might have done.”

This headline from the New York Times reminds us that these are not normal times. “Closing Arguments in Trump’s Trial Will Likely Be Next Week, Judge Says. Defense lawyers have the opportunity to call witnesses, including their client, former President Donald J. Trump, but whether he will testify is not clear. Then the case goes to the jury.” Jonah E. Bromwich and Matthew Haag share the lede.  As for me, I want some speedy justice.

The judge in the criminal trial of former President Donald J. Trump said on Monday that the case would take longer than anticipated to wrap up, with closing arguments now not expected until next week.

“It was either have a long break now or have a long break then, and unfortunately the calendar is what it is,” said the judge, Juan M. Merchan, referring to the long weekend for Memorial Day.

The new schedule outlined by Justice Merchan meant that the jurors who would decide Mr. Trump’s innocence or guilt would not have the case in their hands until after the holiday. Next week will be the trial’s seventh.

After more than seven hours of sometimes bruising cross-examination over two days, Michael D. Cohen, former President Trump’s one-time lawyer and fixer, will return to the stand Monday to face final questions from the Trump defense team. Before Justice Merchan’s remarks on Monday, prosecutors were expected to rest their case as soon as Tuesday after Mr. Cohen steps down.

Court will be adjourned on Wednesday, the normal off day for the trial every week, but also on Friday and Monday, which is Memorial Day.

Mr. Cohen is the 19th — and most consequential — witness called by the Manhattan district attorney’s office in the first criminal trial of an American president. When the defense questioning concludes, prosecutors may re-interview Mr. Cohen.

After that, the defense has the opportunity to present its own case. On Thursday, Mr. Trump’s lawyers said that he had yet to decide whether he would testify, and it is unclear whether his lawyers might call other witnesses.

Hush Money, Classified Docs, Jan 6, Georgia

Will he actually testify? This is from Politico. “Trump claims he wants to testify at his trial. No one else thinks he should.
“Anybody testifying for their own sake, it doesn’t play out well,” said one Trump ally.”

On the eve of his criminal trial, Donald Trump told reporters in Florida that he would take the stand and testify if necessary. “All I can do is tell the truth,” Trump proclaimed.

That boast is about to be put to the test, as Trump and his defense team decide in the coming days whether to present him as a witness.

His Republican backers say the New York trial is a sham and prosecutors haven’t proven their case — so why bother? Former prosecutors say he would open himself up to all sorts of damaging questions, from whether he had sex with porn star Stormy Daniels to alleged fraudulent business practices and inquiries about his honesty that could be political and legal landmines.

“He’s somebody who’s not controlled, who is going to be all over the place,” said Renato Mariotti, a former federal prosecutor and legal analyst.

As Trump’s historic criminal trial winds down, with closing arguments delivered as soon as next week, one of the biggest questions remaining (besides the jury’s verdict) is whether the former president will take the stand in his own defense. While there may be some political benefits to Trump testifying, including boasting to his supporters that he wasn’t afraid to tell his side of the story, the legal risks, many say, are too high.

I’m not about to guess if he’ll testify, but I can imagine he’s being told to not do it by everyone.  The other thing I question is that if he doesn’t testify on his own behalf after whining continually about being gagged and unable to defend himself, what impact, if any, will it have on his cult and those Republican pols cowed into supporting him? I hope he does it. I’d watch even though every time he speaks, I shudder and feel sick.

The instability in the Middle East continues to be the 100-year plague that keeps on killing. There are two top stories there.  This headline from the AP was jolting.” Iran’s president, foreign minister, and others found dead at helicopter crash site, state media says.”

Iranian President Ebrahim Raisi and the country’s foreign minister were found dead Monday hours after their helicopter crashed in fog, leaving the Islamic Republic without two key leaders as extraordinary tensions grip the wider Middle East.

Supreme Leader Ayatollah Ali Khamenei, who has the final say in the Shiite theocracy, quickly named a little-known vice president as caretaker and insisted the government was in control, but the deaths mark yet another blow to a country beset by pressures both at home and abroad.

Iran has offered no cause for the crash nor suggested sabotage brought down the helicopter, which fell in mountainous terrain in a sudden, intense fog.

In Tehran, Iran’s capital, businesses were open and children attended school Monday. However, there was a noticeable presence of both uniformed and plainclothes security forces.

“We were shocked that we lost such a character, a character that made Iran proud, and humiliated the enemies,” said Mohammad Beheshti, 36.

The crash comes as the Israel-Hamas war roils the region. Iran-backed Hamas led the attack that started the conflict, and Hezbollah, also supported by Tehran, has fired rockets at Israel. Last month, Iran launched its own unprecedented drone-and-missile attack on Israel.

A hard-liner who formerly led the country’s judiciary, Raisi, 63, was viewed as a protege of Khamenei. During his tenure, relations continued to deteriorate with the West as Iran enriched uranium closer than ever to weapons-grade levels and supplied bomb-carrying drones to Russia for its war in Ukraine.

Israel’s war policy is still the focus of the International Justice system.  This is from a statement from the ICC. “ Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine.” Top of the list goes to Bibi Netanyahu and his Minister of Defense, Yoav Gallant.

Today I am filing applications for warrants of arrest before Pre-Trial Chamber I of the International Criminal Court in the Situation in the State of Palestine.

On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023:

• Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
• Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
• Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
• Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
• Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
• Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
• Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
• Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.

My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas running in parallel. We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organisational policies. Some of these crimes, in our assessment, continue to this day.

My Office submits there are reasonable grounds to believe that SINWAR, DEIF and HANIYEH are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on 7 October 2023 and the taking of at least 245 hostages. As part of our investigations, my Office has interviewed victims and survivors, including former hostages and eyewitnesses from six major attack locations: Kfar Aza; Holit; the location of the Supernova Music Festival; Be’eri; Nir Oz; and Nahal Oz. The investigation also relies on evidence such as CCTV footage, authenticated audio, photo and video material, statements by Hamas members including the alleged perpetrators named above, and expert evidence.

It is the view of my Office that these individuals planned and instigated the commission of crimes on 7 October 2023, and have through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes. We submit that these crimes could not have been committed without their actions. They are charged both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute.

During my own visit to Kibbutz Be’eri and Kibbutz Kfar Aza, as well as to the site of Supernova Music Festival in Re’im, I saw the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability.

My Office also submits there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions, and that some have been subject to sexual violence, including rape, while being held in captivity. We have reached that conclusion based on medical records, contemporaneous video and documentary evidence, and interviews with victims and survivors. My Office also continues to investigate reports of sexual violence committed on 7 October.

I wish to express my gratitude to the survivors, and the families of victims of the 7 October attacks, for their courage in coming forward to provide their accounts to my Office. We remain focused on further deepening our investigations of all crimes committed as part of these attacks and will continue to work with all partners to ensure that justice is delivered.

I again reiterate my call for the immediate release of all hostages taken from Israel and for their safe return to their families. This is a fundamental requirement of international humanitarian law.

“Bibi and I would like to thank you for your vote. … And such Lovely children. I’m sure I’ll meet them someday.” Bibi and War Guy.

The Israeli people–all of them–deserve better than Bibi and his fanatics.  The subsequent indictments belong to them.

On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal responsibility for  the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023:

• Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
• Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
• Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
• Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
• Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
• Persecution as a crime against humanity contrary to article 7(1)(h);
• Other inhumane acts as crimes against humanity contrary to article 7(1)(k).

My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas (together with other Palestinian Armed Groups) running in parallel. We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day.

My Office submits that the evidence we have collected, including interviews with survivors and eyewitnesses, authenticated video, photo and audio material, satellite imagery and statements from the alleged perpetrator group, shows that Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival.

This occurred through the imposition of a total siege over Gaza that involved completely closing the three border crossing points, Rafah, Kerem Shalom and Erez, from 8 October 2023 for extended periods and then by arbitrarily restricting the transfer of essential supplies – including food and medicine – through the border crossings after they were reopened. The siege also included cutting off cross-border water pipelines from Israel to Gaza – Gazans’ principal source of clean water – for a prolonged period beginning 9 October 2023, and cutting off and hindering electricity supplies from at least 8 October 2023 until today. This took place alongside other attacks on civilians, including those queuing for food; obstruction of aid delivery by humanitarian agencies; and attacks on and killing of aid workers, which forced many agencies to cease or limit their operations in Gaza.

My Office submits that these acts were committed as part of a common plan to use starvation as a method of war and other acts of violence against the Gazan civilian population as a means to (i) eliminate Hamas; (ii) secure the return of the hostages which Hamas has abducted, and (iii) collectively punish the civilian population of Gaza, whom they perceived as a threat to Israel.

The effects of the use of starvation as a method of warfare, together with other attacks and collective punishment against the civilian population of Gaza are acute, visible and widely known, and have been confirmed by multiple witnesses interviewed by my Office, including local and international medical doctors. They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women.

Here are a few last links to suggest for y’all before I head down to the corner store for a bag of cat food.  (Via Memeorandum)

•  Will Bunch / The Philadelphia Inquirer: Scared about America losing democracy?  Texas is already gone  —  “I might go to Dallas to murder looters,” a then-active duty U.S. Army sergeant named Daniel Perry texted a friend in the spring of 2020 as protest marches over the police murder of George Floyd swept across Texas and the nation.
•  Chris Geidner / Law Dork:  Exclusive: Justice Alito sold Bud Light stock amidst anti-trans boycott effort  —  At 4:37 p.m. on Sunday, August 13, 2023, far-right, anti-LGBTQ influencer Chaya Raichik of Libs of TikTok posted a pre-transition photograph of transgender influencer Dylan Mulvaney, calling her “a dude,” on Twitter, now known as X.1
• Liz Dye / Public Notice: Why isn’t Donald Trump in jail already?  —  Donald Smith would be in a cell by now! … “Why isn’t Donald Trump in jail already?”  —  It’s a fair question, particularly in light of the flagrant gag order violations in Trump’s Manhattan criminal trial, both by the man himself and his surrogates.
• David Smith / The Guardian:
  Biden: what would Trump have done if the Capitol riots had been led by Black Americans?  —  The US President Joe Biden asks at a civil rights event: ‘What do you think he would have done … if Black Americans had stormed the Capitol?’  —  Joe Biden has launched one of his most scathing attacks yet

You have a great week!

What’s on your reading and blogging list today?

*About the headline:  Martin Luther King Jr. wrote, “Justice too long delayed is justice denied” in his “Letter from Birmingham Jail,” which was smuggled out of prison in 1963.