Lazy Caturday Reads

Drawing by Laurel Burch

Drawing by Laurel Burch

Happy Caturday!!

I have a mixed bag of reads for you this morning. Of course there’s news about Trump’s trials. The jury is all set in the hush money/election interference case, and the trial will begin on Monday with opening statements. The jury interviews were disturbing; many potential jurors were anxious and fearful about getting involved in the case, and some actually shed tears. In the NY fraud case, it looks like Trump’s $175 million bond might not be accepted.

House Speaker Mike Johnson finally decided to pass a bill with aid for Ukraine, and it looks like this could happen this weekend. How did that happen?

The Senate was finally able to pass the FISA bill, just in the nick of time.

Marjorie Taylor Greene emerges as Moscow’s handmaiden, and some Republicans are fed up with her and the other far right crazies.

Trump Trials

The Washington Post: Opening statements set for Monday in Trump’s New York hush money trial.

A jury is set to hear opening statements Monday on whether Donald Trump falsified bank records in connection with his effort to hide an alleged affair from voters in the 2016 election.

The historic trial began this week with a speedy but emotional jury selection. A few potential jurors cried as they considered whether they could handle the first-ever trial of a former president — one who is known for his tirades against the U.S. justice system and is also the presumptive Republican nominee in this year’s presidential election.

New York Supreme Court Justice Juan Merchan thanked participants for their bravery as several shared painful details of their pasts in front of scores of reporters during the jury screening process. He praised others for their honesty in saying that Trump’s rhetoric would make it hard for them to judge Trump fairly.

“I feel so overcome, nervous and anxious,” one potential juror told the judge Friday morning. “This is so much more stressful than I thought it was going to be.” A couple of hours later, a man who had been protesting outside the courthouse all week in opposition to both Trump and President Biden set himself on fire; he was hospitalized in critical condition.

Through questions designed to root out bias among the jury pool, both sides have started to signal their trial strategies.

Assistant District Attorney Joshua Steinglass told prospective jurors that the government would prove not just bank fraud but an implicit conspiracy to “commit election fraud” and “pull the wool over the eyes of the American voters.” In prosecutors’ formulation, Trump skirted campaign finance laws by funneling a $130,000 payment to adult-film actress Stormy Daniels though Michael Cohen, his attorney and fixer, then falsely claiming the money used to repay Cohen was for legal work.

Defense attorney Susan Necheles laid the groundwork for impeaching the testimony of Cohen, a convicted perjurer, by asking potential jurors if they could “use your common sense” and “understand that if two witnesses … say two diametrically opposed things, someone is lying.”

She added that jurors should agree that “if somebody tells a story a number of different ways over time and changes the details, that might be a sign that they are lying.”

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Some things jurors said during their interviews:

One member of the jury pool said Friday that growing up in New Jersey, Trump was his image of big city success. He told himself that one day he would live in Trump Tower, the Fifth Avenue landmark Trump built in the early 1980s: “That was a powerful symbol for me.”

Now, the man said, he associated Trump with “harmful” and “divisive” politics. Worse, he said, he did not think Trump really believed the biased things he said — “I think he just pushes it to stay in power.”

The man was eliminated from the group after it came out that he had referred to Trump on social media as “the devil.” So was a woman who said Trump’s rise had “emboldened” homophobic, racist and sexist commentary at the gym where she used to box.

Others were excluded for reasons having nothing to do with the famous defendant. One woman was overwhelmed with emotion when she explained she could not serve on the jury because of a past felony conviction, the details of which she shared with the judge. A man teared up when he said he had been the victim of a crime.

Trump’s team has been scouring social media for evidence that jurors are biased against him. But many of those picked said they did not engage on such platforms or follow politics closely, preferring news about sports, technology and business. Along with the mainstream news publications the president routinely disparages, multiple prospective jurorssaid they read the conservative New York Post and watch Fox News. And many of the people screened said they would have no problem judging the former president.

AP: Trump was forced to listen silently as potential jurors offered their unvarnished assessments of him.

He seems “selfish and self-serving,” said one woman.

The way he carries himself in public “leaves something to be desired,” said another.

His “negative rhetoric and bias,” said another man, is what is “most harmful.”

Over the past week, Donald Trump has been forced to sit inside a frigid New York courtroom and listen to a parade of potential jurors in his criminal hush money trial share their unvarnished assessments of him.

It’s been a dramatic departure for the former president and presumptive 2024 GOP nominee, who is accustomed to spending his days in a cocoon of cheering crowds and constant adulation. Now a criminal defendant, Trump will instead spend the next several weeks subjected to strict rules that strip him of control over everything from what he is permitted to say to the temperature of the room.

“He’s the object of derision. It’s his nightmare. He can’t control the script. He can’t control the cinematography. He can’t control what’s being said about him. And the outcome could go in a direction he really doesn’t want,” said Tim O’Brien, a Trump biographer and critic.

Many days, Trump heads to his nearby golf course, where he is “swarmed by people wanting to shake his hand, take pictures of him, and tell him how amazing he is,” said Stephanie Grisham, a longtime aide who broke with Trump after the storming of the Capitol on Jan. 6, 2021….

Now, Trump faces a trial that could result in felony convictions and possible prison time. And he will have to listen to more critics, without being able to punch back verbally — something he revels in doing.

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NBC News: on the latest from the financial fraud case: New York AG Letitia James asks judge to void Trump’s bond in his civil fraud verdict.

New York Attorney General Letitia James on Friday asked that a judge void former President Donald Trump’s bond in his civil fraud case, questioning whether the company that issued it has the funds to back it up.

In a 26-page filing ahead of a pre-scheduled hearing on Monday, James expressed concern about whether Knight Specialty Insurance Company could secure the $175 million bond. She also argued that the collateral put up by the former president should be under the full control of the company.

One of James’ concerns about KSIC is that the insurer “is not authorized to write business in New York and thus not regulated by the state’s insurance department.” She added that the company “had never before written a surety bond in New York or in the prior two years in any other jurisdiction, and has a total policyholder surplus of just $138 million.”

James also criticized Trump’s team’s apparent hold on the collateral put up to back the bond.

“KSIC does not now have an exclusive right to control the account and will not obtain such control unless and until it exercises a right to do so on two days’ notice,” she wrote….

The new filing comes after James filed a notice earlier this month seeking more information about the former president’s bond. In that filing, she asked that Trump’s lawyers or the insurance company “file a motion to justify the surety bond” or provide additional information about the collateral put up by Trump within 10 days.

The hearing will compete for attention with the beginning of Trump’s trial in the hush money/election interference case.

Some January 6 case news at Politico: ‘It can happen again’: Judge set to preside over Trump trial delivers her toughest Jan. 6 sentence to date.

U.S. District Judge Tanya Chutkan has handed down her harshest Jan. 6 sentence to date — five-and-a-half years — to Scott Miller, a Maryland man and former Proud Boys leader who assaulted multiple officers in a violent attempt to breach the Capitol.

Chutkan based her sentence, delivered on Friday, in part on Miller’s “aggressive” actions at the Capitol but also on his private writings that called for racial and religious violence against minorities and Jews. She said the evidence of his “violent ideology” — his embrace of Nazism and his purported belief that Washington, D.C., residents should be executed — troubled her despite Miller’s insistence that he had disavowed those beliefs soon after Jan. 6.

Chutkan’s 66-month sentence narrowly edges two 63-month sentences she handed down to Robert Palmer and Mark Ponder, who similarly joined some of the most egregious violence at the Capitol on Jan. 6: the brutal hand-to-hand combat at the mouth of the building’s Lower West Terrace tunnel.

Chutkan, who is in line to preside over the criminal trial of Donald Trump for his bid to subvert the 2020 election, emphasized her belief that the Jan. 6 mob attack was “close to as serious a crisis as this nation has ever faced.” She lauded officers who, though outnumbered and ill-equipped, fought to protect the building.

“They faced horrendous circumstances. They were assaulted, spat on, beaten, kicked, gassed,” Chutkan said. “They are patriots.”

Chutkan also worried that the conditions that caused Jan. 6 still exist.

“It can happen again,” the Obama-appointed judge said. “Extremism is alive and well in this country. Threats of violence continue unabated.”

I can’t wait until Chutkan sits in judgement on Trump.

Mike Johnson’s turnaround on Ukraine

BBC News: Ukraine Russia war: US Congress close to passing long-awaited aid.

After months of delay, the House of Representatives is due to vote on tens of billions of dollars in US military aid for Ukraine and Israel.

The Guardians, Jerzy Marek

The Guardians, Jerzy Marek

Both measures have vocal opponents in Congress, and their hopes of passage have hinged on a fragile bipartisan coalition to overcome legislative hurdles.

A key procedural vote on Friday gave a strong indication the votes will pass.

A debate is under way and voting is expected later on Saturday.

House Speaker Mike Johnson says he wants to push the measures through, even if it jeopardises his position.

The Ukraine vote will be closely watched in Kyiv, which has warned of an urgent need for fresh support from its allies as Russia makes steady gains on the battlefield.

If the House passes the bills, the Senate may approve the package as soon as this weekend. President Joe Biden has pledged to sign it into law.

Read details on the bills at the BBC link.

ABC News: House Democrats help Johnson avoid defeat on foreign aid bills, despite GOP defections.

The House on Friday cleared a key procedural hurdle in passing foreign aid to Israel, Ukraine and Taiwan, despite dozens of Republican defections, with Democrats helping Speaker Mike Johnson avoid a stinging defeat.

Soon after, a third Republican said he would join a threatened move to oust him.

The chamber voted 316-94 to advance the bills, setting up Saturday votes on final passage of $95 billion in foreign assistance that has been held up in a political fight in Washington for several months.

Procedural votes such as Friday’s are typically passed by the House majority alone, but Democrats stepped in to help push the legislation forward after Republican hard-liners collectively opposed the measure. More Democrats voted to advance the bills than Republicans.

“Democrats, once again, will be the adults in the room,” said Rep. Jim McGovern, D-Mass., during debate ahead of the vote.

Leaving the House floor after the vote, Johnson said the four foreign aid bills are “the best possible product” under the circumstances. “We look forward to final passage on the bill tomorrow.”

The individual bills provide roughly $26 billion for Israel, $61 billion for Ukraine and $8 billion for the Indo-Pacific. The measures are similar to legislation passed by a bipartisan group in the Senate back in February, which tied all aid together into one measure.

Greg Sargent at The New Republic: Mike Johnson’s Shockingly Pro-Ukraine Speech Really Sticks It to MAGA.

It was a remarkable moment: After introducing a package of bills that includes military aid to Ukraine, Mike Johnson flatly told reporters on Wednesday that enabling Ukraine to defend itself is in the best interests of America and the world. This surprised a lot of people who had wrongly assumed the House speaker was effectively functioning as a stooge for Vladimir Putin—and Donald Trump—and would thus slow-walk Ukraine aid to death before ever allowing a vote on it.

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By Найди кота

Johnson’s new stance has attracted a good deal of positive attention. But I want to highlight an aspect of it that’s been overlooked because it’s an important tell about the true state of MAGA ideology and what it’s demanding of Republicans these days.

“I really do believe the intel and the briefings that we’ve gotten,” Johnson said, in a moment that became a mini-speech. “I think that Vladimir Putin would continue to march through Europe if he were allowed. I think he might go to the Balkans next. I think he might have a showdown with Poland, or one of our NATO allies.” If so, he added, we might find ourselves sending troops to defend allies from Putin later.

Did we really hear the speaker say that he believes what our intelligence services have told him about the long-term consequences of cutting off aid to Ukraine?

This is a direct challenge to the MAGA worldview in multiple ways. Johnson is treating Putin as the aggressor in the Russia-Ukraine conflict and acknowledging his broader imperialist designs, which is heresy to some MAGA Republicans. But he’s also flatly declaring that on these matters, the deep state is very much to be believed.

A big MAGA conceit is the idea that a nefarious deep-state network of senior federal bureaucrats, nongovernmental experts, and technocratic and managerial elites lurks behind the push to fund Ukraine—and that it’s making up lies about Russia’s war to create a pretext to fulfill a broader set of sinister globalist aims.

Representative Marjorie Taylor Greene recently tweeted this:

The Ukraine scam is up.

If our Republican majority in Congress funds Joe Biden’s war against Russia on behalf of Ukraine (because he’s a puppet on strings) then Republicans are tools of the foreign war loving deep state.

This is probably MAGA’s most elaborate exercise in up-is-down totalitarian-style propaganda of all: Biden is being manipulated by a deep-state “scam”—i.e., the idea that Ukraine is worth defending—to carry out a war against Russia, which has been  magically transformed from aggressor to victim.

Read the rest at TNR.

It really appears that Biden worked his charms on Johnson over a period of weeks. Politico: How Johnson and Biden locked arms on Ukraine.

Speaker Mike Johnson’s sudden bid to deliver aid to Ukraine came days after fresh intelligence described the U.S. ally at a true make-or-break moment in its war with Russia.

It was exactly the kind of dire assessment that President Joe Biden and the White House had spent months privately warning Johnson was inevitable.

The House GOP leader is embracing $60.8 billion in assistance to Ukraine in a push to prevent deep losses on the battlefield, amid warnings that Ukrainians are badly outgunned and losing faith in the U.S. following months of delay in providing new funds.

The intelligence, shown to lawmakers last week and described by two members who have seen it, built on weeks of reports that have alarmed members of Congress and Biden administration officials. On Thursday, CIA Director William Burns warned that, barring more U.S. aid, Ukraine “could lose on the battlefield by the end of 2024.”

It heightened the sense of urgency surrounding a White House effort to convince Johnson to hold a public vote on Ukraine aid that has dragged on behind the scenes since the day he became speaker. Johnson had resisted for months in the face of growing threats to his speakership if he sided with Biden and allowed the vote.

Since the last time Congress approved aid to Ukraine in late 2022, conservative skepticism of sending U.S. weapons and dollars to the country has grown, threatening Johnson’s speakership as well as Biden’s foreign policy agenda.

But he has now effectively locked arms with the president: Johnson’s alignment with Biden this week has extended at times even to deploying similar talking points in favor of funding Ukraine, and comes in defiance of efforts by conservatives like Sen. J.D. Vance (R-Ohio) to rally a rebellion….

Johnson’s support for the aid bill, part of a package that could pass the House as soon as this weekend, would grant Biden a major foreign policy victory that has eluded him for a year. It would stabilize a Ukrainian defense running low on munitions and bracing for a renewed Russian offensive in early summer.

It’s also validation, Biden aides and allies said, of a White House strategy focused on slowly courting Johnson behind the scenes while letting him find his own path to a solution — even if it meant weathering frequent setbacks and building frustration within its own party.

Biden’s years of experience in the Senate and as Vice President are serving him (and us) in good stead.

Senate passes the FISA bill

Charlie Savage and Luke Broadwater at The New York Times: Senate Passes Two-Year Extension of Surveillance Law Just After It Expired.

The Senate early on Saturday approved an extension of a warrantless surveillance law, moving to renew it shortly after it had expired and sending President Biden legislation that national security officials say is crucial to fighting terrorism but that privacy advocates decry as a threat to Americans’ rights.

The law, known as Section 702 of the Foreign Intelligence Surveillance Act, or FISA, had appeared all but certain to lapse over the weekend, with senators unable for most of Friday to reach a deal on whether to consider changes opposed by national security officials and hawks.

By Chuck Berk

By Chuck Berk

But after hours of negotiation, the Senate abruptly reconvened late on Friday for a flurry of votes in which those proposed revisions were rejected, one by one, and early on Saturday the bill, which extends Section 702 for two years, won approval, 60 to 34.

“We have good news for America’s national security,” Senator Chuck Schumer of New York, the Democratic majority leader, said as he stood during the late-night session to announce the agreement to complete work on the bill. “Allowing FISA to expire would have been dangerous.”

In a statement, Attorney General Merrick B. Garland praised the bill’s passage, calling Section 702 “indispensable to the Justice Department’s work to protect the American people from terrorist, nation-state, cyber and other threats.” [….]

While the program has legal authority to continue operating until April 2025 regardless of whether Congress extended the law, the White House sent a statement to senators on Friday warning them that a “major provider has indicated it intends to cease collection on Monday” and that another said it was considering stopping collection. The statement did not identify them, and the Justice Department declined to say more.

The statement also said that the administration was confident that the FISA court would order any such companies to resume complying with the program, but that there could be gaps in collection in the meantime — and if a rash of providers challenged the program, the “situation could turn very bad and dangerous very quickly.” It urged senators to pass the House bill without any amendments before the midnight deadline.

Marjorie Taylor Greene and the Crazy Caucus

Julia Davis at The Daily Beast: Whiplash as Russia Toasts Derided Marjorie Taylor Greene as Their Top New Hero.

In recent years, clips from Tucker Carlson’s shows were prominently featured on many Russian state TV shows, with hosts and guests clinging to his every word and even surmising he might be the only American they don’t want to kill.

After Carlson’s flat-footed interview with Russian President Vladimir Putin, followed by caustic comments from both the host and the subject, the bloom was off the rose.

Similarly, Mike Johnson’s arrival as the 56th Speaker of the House was cheered on state TV with the anticipation that—at Trump’s request—he would block U.S. aid to Ukraine. For months, Johnson did just that, prompting state TV host Olga Skabeeva to describe him as “our Johnson.” His recent reversal of this stance prompted Russian propagandists to debate whether he was “bought” or simply “bent over” by the Democrats.

Now, Russia’s former favorites have been edged out by Congresswoman Marjorie Taylor Greene—the new darling of the Kremlin-controlled state television. In the past, Greene was routinely mocked for her uneducated statements and used as a prime example of how stupid all Americans are, which is a popular refrain in Russian media. After laughing at Greene for confusing gazpacho with the Nazi Gestapo and claiming that California wildfires have been caused by “Jewish space lasers,” leading propagandists described her antics as evidence of the “mental debilitation” of Western politicians.

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By Malysheva Nastenka

But the mood changed once Greene started to say things that the Russian propaganda apparatus found extremely useful. Her Tweets that labeled NATO as a useless organization and demanded the U.S. withdraw from the alliance it is currently leading were featured on state TV and described as “sensational.” Greene’s rhetoric has been interpreted by state TV host Evgeny Popov to mean that “She believes that Americans should help Putin win. Yes, you heard that right. To help him win in Ukraine.”

Greene’s baseless claims that the U.S. is “supporting Nazis in Ukraine” were likewise lauded by state TV propagandists and showcased on multiple channels. Previous mockery did not deter the state-controlled media from gladly using Greene’s misleading statements to their advantage. The U.S. congresswoman was starting to become a long-distance darling for the Moscow crowd, prominently featured on state television and adored to the point that the Kremlin’s favorite propagandist Vladimir Solovyov proclaimed, “Thank goodness she exists.”

The importance of influential Westerners repeating the Russian talking points is constantly underscored by the head of RT, Margarita Simonyan—who admits that her state-controlled network is running covert operations in the United States and other countries. She described RT’s efforts as the “empire of covert projects that is working with public opinion.”

Greene is now routinely showcased on the most popular programs as a prime example that the cracks in the GOP support for Ukraine are “good signals from Washington.” Solovyov and the guests on his show even touted Marjorie as a possible replacement for Russia’s perennial favorite, Donald Trump, as the next U.S. president—while acknowledging that the congresswoman is “somewhat funny.”

The Hill: Buck takes swing at ‘Moscow Marjorie’: She is just ‘mouthing the Russian propaganda.’

Former Rep. Ken Buck (R-Colo.) went after Rep. Marjorie Taylor Greene (R-Ga.) for her anti-Ukraine position in an interview on CNN Friday.

“Moscow Marjorie has reached a new low,” Buck said in an interview on CNN’s “Erin Burnett OutFront” with anchor Erica Hill. “You know, during the Russian Revolution, [Bolshevik Revolution leader Vladimir] Lenin talked about American journalists who were writing glowing reports about Russia at the time as ‘useful idiots.’”

“And I don’t even think that Marjorie reaches that level of being a useful idiot here,” Buck continued. “She is just mouthing the Russian propaganda, and really hurting American foreign policy in the process.”

During a House Oversight Committee meeting Wednesday, Greene noted news stories and displayed photos she said showed neo-Nazis in Ukraine. She brought up her concern over how it is seen as misinformation to discuss “the Nazis in Ukraine and their recruitment efforts that go all around the world.”

Greene, who also filed a motion in late March to vacate against current House Speaker Mike Johnson (R-La.), argued against foreign aid during an appearance on former White House aide Steve Bannon’s “War Room” podcast Thursday, saying she wants “an ‘America First’ economy” and that “we are going to demand it from our Republican leaders.” [….]

It’s not the first time Buck has referred to Greene as “Moscow Marjorie”. The Colorado Republican coined the nickname earlier this month when disagreeing with former House Speaker Kevin McCarthy’s (R-Calif.) assessment of Taylor Greene as a “very serious legislator”.

“My experience with Marjorie is, people have talked to her about not filing articles of impeachment on President Biden before he was sworn into office, on not filing articles of impeachment that were groundless made on other individuals in the Biden administration,” he told Erin Burnett in a separate CNN interview.

“And she was never moved by that. She was always focused on her social media account,” Buck continued. “And Moscow Marjorie is focused now on this Ukraine issue and getting her talking points from the Kremlin and making sure that she is popular and she is getting a lot of coverage.”

Raw Story: ‘Grow up’: Top House Republican rips far-right colleagues over ‘lack of respect.’

Rep. Tom Cole (R-Oklahoma) has been in the House of Representatives for more than 20 years. In a recent interview with Politico, he unleashed on newer members of the House Republican Conference over behavior he views as counterproductive.

Cole was particularly candid about his feelings for the House majority’s far-right fringe. He lamented that a small handful of extremists among his conference has so far been able to oust a sitting House speaker and assert their will over the rest of the party despite not holding any leadership positions.

The Oklahoma Republican, who chairs the House Rules Committee, specifically referred to the hijacking of the rules process — in which the majority shapes legislation in a way that gives it the best chance of passage before it’s actually brought to the floor — as a primary concern. He noted that while members of the majority voting down rules to make a political point was done sparingly when Reps. John Boehner (R-Ohio) and Paul Ryan (R-Wisconsin) were speaker, “we just finally saw the dam break” after former House Speaker Kevin McCarthy (R-California) was forced out.

“I would argue it’s a lack of respect for the institution and the wisdom of the institution. These things have evolved over not decades, but centuries. This is a 234-year-old institution,” Cole said. “So it’s, you know, you’ve got to grow up.”

Cole was especially sore about the eight Republicans who sided with all Democrats to oust McCarthy last fall. He noted that even though the motion to vacate McCarthy came about after he worked with Democrats to keep the U.S. current on its debt service obligations, House Democrats were eager to use the opportunity to strip McCarthy of the speaker’s gavel.

“I think it’s on both sides of the aisle. They see the turmoil. I think Democrats kind of enjoyed it in McCarthy’s case because they weren’t particularly fond of him. He was our most effective political player, largest fundraiser, best candidate recruiter, best strategist, so I get why they wanted to take our Tom Brady off the field,” Cole said. “He kept the government open on a Saturday, and he was fired on Tuesday.”

Currently, House rules allow for just one member to bring a motion to vacate a sitting speaker to the floor. Cole told Politico he thought that threshold should be raised in order to avoid the chaos that engulfed the House of Representatives for nearly a month in 2023 while the majority bickered among itself about who should become the next speaker.

“Frankly, I think you should have a majority of your own caucus that wants to do this. We had eight people that put ourselves at the mercy of the Democratic minority leader — and there wasn’t any mercy in that case,” Cole said. “And quite frankly, they had no alternative candidate. They had no exit strategy. It was just, ‘I’m mad and I have the ability to do it.'”

Republicans in disarray.

Those are the top stories today, as I see it. What other stories have caught your interest?


Wednesday Reads

Good Morning!!

reading-woman-daydrreaming-by-henri-matisse-1921-henri-matisse

Reading Woman Daydreaming, by Henri Matisse

Those of us who are hanging onto hope that U.S. democracy can still be saved must not only fight Republicans, but also powerful media organizations, especially The New York Times and The Washington Post.

If you follow social media, you’ve undoubtedly seen people mocking New York Times headlines that suggest any good news for Biden is actually negative–along the lines of “The economy is booming–why that’s bad for Biden.”

Despite the fact that news organizations will certainly be persecuted by a second Trump administration, it really appears that at least the wealthy people in charge want another Trump presidency because they believe it will help their bottom line. Working journalists are facing layoffs these days, so perhaps fear of losing their jobs makes them willing to do their bosses’ bidding.

Right now, as Trump faces a historic criminal trial, the Times and Washington Post continue to publish gossipy lightweight stories.

David Kurtz writes in the TPM Morning Memo about a piece in the NYT yesterday on Melania Trump: NYT Is Said To Have Learned Nothing From Its Trump I Coverage.

Yesterday’s NYT apologia for Melania Trump was laugh-out-loud funny, by which I mean so, so bad. Reminiscent of its much-mocked coverage of Javanka during Trump I, the piece had all the usual hallmarks of NYT toadyism.

Let’s start with the passive-voice headline: “Melania Trump Avoids the Courtroom, but Is Said to Share Her Husband’s Anger”

“Said to” is one of the great journalistic sophistries. It does so much apparent work with so little actual effort.

What is this awkward headline construction meant to convey? That despite all her heartache over the Stormy Daniels affair, Melania, too, is outraged (OUTRAGED!) over Manhattan DA Alvin Bragg’s wrongful criminal prosecution of her husband.

How does the NYT know this? So glad you asked!

Melania hasn’t said anything publicly about her supposed outrage. She hasn’t attended legal proceedings with Trump. She hasn’t been by his side at the trial.

But wait! She’s has purportedly spoken “in private” about her feelings.

It’s the classic dipsy-do of the Javanka coverage: Why take any risk of speaking publicly when you can launder it through the NYT. We are never so courageous as we are in our private musings.

But how is the NYT privy to Melania’s private thoughts and comments?

The sourcing: “according to several people familiar with her thinking.” Yes! Bravo! It’s self serving on top of self serving, with two degrees of separation to play it safe.

Why are these “people familiar” granted anonymity? Because they can’t speak publicly “out of fear of jeopardizing a personal relationship with the Trumps.” Perfect! These brave truth-tellers are risking so much – by which I mean, so little – to get their essential truths out into the public sphere.

Here’s the nugget of “reporting” around which the entire article is built:

But Mrs. Trump, the former first lady, shares his view that the trial itself is unfair, according to several people familiar with her thinking.

In private, she has called the proceedings “a disgrace” tantamount to election interference, according to a person with direct knowledge of her comments who could not speak publicly out of fear of jeopardizing a personal relationship with the Trumps.

The rest of the piece is a filament of speculation, pop psychology, knowing winks about cliched relationship tropes, and lazy stereotypes about wives and mothers – all in service of trying to wring a drop of compassion from readers for the private turmoil that comes with being married to DJT.

Read the rest at TPM. But really, who the hell cares what Melania thinks? As the back of her famous jacket read, “I really don’t care, do u?”

Reuss, Albert, 1889-1975; Woman Reading

Albert Reuss 1889-1975, Woman Reading

Another lightweight story from yesterday’s New York Times by style critic Guy Trebay (at least, I guess it’s favorable to Biden): The Biden Guide to Dressing Younger.

Joe Biden is a dapper guy. He always has been. When he turned up decades ago for a first date with the woman who would become his wife and the country’s first lady, her gut reaction was, “This is never going to work, not in a million years.”

Dressed in a sports coat and loafers, Joe Biden was too dapper for someone who had previously gone out with men in T-shirts and clogs.

They worked it out. And the future president stuck to his style. It was one that sometimes skewed Gatsby, for which in 1974 Washingtonian magazine noted his penchant for pinstripe suits and tasseled loafers when citing him as one of the best dressed men in the Senate. It was one that was sometimes too high-toned for its setting. In 1979, Mr. Biden, then a second-term senator, exuded confidence in a “tailored suit and expensive tie” for a campus speech at the University of Alabama, The New Yorker later reported.

It was one that, on occasion, even threatened to upstage the boss. Yes, it must have been flattering to be praised by The Chicago Tribune as the “best-dressed guy” at Bill Clinton’s 2000 State of the Union address. Politically, however, it was not the best look.

Still, dapper cred has stood President Biden in good stead. When Donald J. Trump, now 77, derides his 81-year-old opponent as doddering Uncle Joe, he is missing a point any tailor would be happy to clarify. There is getting old, and there is looking old. To avoid having your clothes add unnecessary years, make style your friend.

“Joe Biden’s style is timeless and doesn’t have any expiration date,” the designer Todd Snyder said recently. If you think that is accidental, you are not paying attention.

Meanwhile, Trump is a dumpy old guy in baggy suits and extra long ties who claims Biden has dementia, an obvious projection.

A campaign story from Clive Wootson, Jr. at The Washington Post: Scranton vs. Mar-a-Lago: Biden turns sharply to populism.

SCRANTON — President Biden’s schedulers did not publicly announce his second stop Tuesday during his visit to his hometown, but it came as little surprise that he’d end up at the gray house with black shutters where he spent the earliest years of his life. He even nodded to the visit in a speech that mixed his biography with his thoughts on tax policy.

Berthe Morisot, 1873

By Berthe Morisot, 1873

“Scranton is a place that climbs in your heart, and it never leaves,” Biden said. “For me it was 2446 North Washington Avenue.”

But the trip was about more than sentiment during the first day of Biden’s three-day swing through this pivotal battleground state. He leaned into populist anger against the rich and worries of a world weighted against the middle class as he sought to draw distinctions between himself and his likely Republican opponent in November, Donald Trump.

“All I knew about people like Trump is that they looked down on us,” Biden told the crowd in his childhood town, contrasting his upbringing with Trump’s frequent visits to his resort in Palm Beach, Fla. “They wouldn’t let us into their homes and their country clubs. When I look at the economy, I look at it through the eyes of Scranton, not through the eyes of Mar-a-Lago.”

Biden will further stress that contrast Wednesday when he travels to Pittsburgh to address the United Steelworkers and unveil a raft of new trade protections for the steel industry. The president will call for a tripling of the 7.5 percent tariff on Chinese steel imports, as well as increased pressure to prevent China from shipping steel to America through Mexican ports….

The actions are just the latest sign of the president’s determination to be seen as a defender of American workers like those in the steel industry, whose employees are spread across states in the industrial Midwest, the so-called “blue wall” that could decide Biden’s political fate in November.

In making the argument, he has leaned into his middle-class upbringing, including the years he spent in Scranton, which he portrays as a scrappy, working-class town. He argues that Trump, on the other hand, is a billionaire who lives in a gilded club in Florida and would bolster other billionaires, the very people who have had an unfair advantage for too long.

Again, I guess at least it’s favorable to Biden.

In the News Today:

A serious piece from Mark Joseph Stern at Slate Magazine: Hundreds of Jan. 6 Prosecutions—Including Donald Trump’s—Are Suddenly in Peril at the Supreme Court.

Will the Supreme Court jeopardize the prosecution of more than 350 defendants involved with Jan. 6, including Donald Trump, by gutting the federal statute that prohibits their unlawful conduct? Maybe so. Tuesday’s oral arguments in Fischer v. United States were rough sledding for the government, as the conservative justices lined up to thwap Joe Biden’s Department of Justice for allegedly overreaching in its pursuit of Jan. 6 convictions. Six members of the court took turns wringing their hands over the application of a criminal obstruction law to the rioters, fretting that they faced overly harsh penalties for participating in the violent attack. Unmentioned but lurking in the background was Trump himself, who can wriggle out of two major charges against him with a favorable decision in this case.

There are, no doubt, too many criminal laws whose vague wording gives prosecutors near-limitless leeway to threaten citizens with decades in prison. But this isn’t one of them. Congress wrote a perfectly legible law and the overwhelming majority of judges have had no trouble applying it. It would be all too telling if the Supreme Court decides to pretend the statute is somehow too sweeping or jumbled to use as a tool of accountability for Jan. 6.

Start with the obstruction law itself, known as Section 1552(c), which Congress enacted to close loopholes that Enron exploited to impede probes into its misconduct. The provision is remarkably straightforward—a far cry from the ambiguous, sloppy, or muddled laws that typically flummox the judiciary. It’s a mainstay of the Department of Justice’s “Capitol siege” prosecutions, deployed in about a quarter of all cases. Overall, 350 people face charges under this statute, Trump among them, and the DOJ has used it to secure the convictions of about 150 rioters. It targets anyone who “corruptly … obstructs, influences, or impedes any official proceeding, or attempts to do so.” And it clarifies that an official proceeding includes “a proceeding before the Congress.”

A Woman Reading, by Pablo Picasso, 1920

A Woman Reading, by Pablo Picasso, 1920

The government argues that some rioters attempted to “obstruct” an “official proceeding” by halting the count of electoral votes through “corrupt” means. That includes Joseph Fischer, the defendant in the current case. Fischer, who served as a police officer before Jan. 6, allegedly texted that the protest “might get violent”; that “they should storm the capital and drag all the democrates [sic] into the street and have a mob trial”; and that protesters should “take democratic congress to the gallows,” because they “can’t vote if they can’t breathe..lol.” Video evidence shows Fischer assaulting multiple police officers on the afternoon of Jan. 6 after breaching the Capitol.

Would anyone seriously argue that this person did not attempt to corruptly obstruct an official proceeding? For a time, it seemed not: 14 of the 15 federal judges—all but Judge Carl Nichols in this case—considering the charge in various Jan. 6 cases agreed that it applied to violent rioters bent on stopping the electoral count. So did every judge on the U.S. Court of Appeals for the District of Columbia Circuit except one, Judge Gregory Katsas. Both Nichols and Katsas were appointed by Trump. Their crusade to kneecap the law caught SCOTUS’ attention, and the court decided to intervene despite overwhelming consensus among lower court judges. The Supreme Court’s decision will have major implications for Trump: Two of the four charges brought by special counsel Jack Smith in the former president’s Jan. 6 prosecution revolve around this offense. A ruling that eviscerates the obstruction law would arguably cut out the heart of the indictment.

Stern writes that at least three justices–Clarence Thomas, Neil Gorsuch, and Samuel Alito appear likely to do that. Read the rest at Slate.

Catherine Belton at The Washington Post: Secret Russian foreign policy document urges action to weaken the U.S.

Russia’s Foreign Ministry has been drawing up plans to try to weaken its Western adversaries, including the United States, and leverage the Ukraine war to forge a global order free from what it sees as American dominance, according to a secret Foreign Ministry document.

In a classified addendum to Russia’s official — and public — “Foreign Policy Concept of the Russian Federation,” the ministry calls for an “offensive information campaign” and other measures spanning “the military-political, economic and trade and informational psychological spheres” against a “coalition of unfriendly countries” led by the United States.

“We need to continue adjusting our approach to relations with unfriendly states,” states the 2023 document, which was provided to The Washington Post by a European intelligence service. “It’s important to create a mechanism for finding the vulnerable points of their external and internal policies with the aim of developing practical steps to weaken Russia’s opponents.”

The document for the first time provides official confirmation and codification of what many in the Moscow elite say has become a hybrid war against the West. Russia is seeking to subvert Western support for Ukraine and disrupt the domestic politics of the United States and European countries, through propaganda campaigns supporting isolationist and extremist policies, according to Kremlin documents previously reported on by The Post. It is also seeking to refashion geopolitics, drawing closer to China, Iran and North Korea in an attempt to shift the current balance of power.

Using much tougher and blunter language than the public foreign policy document, the secret addendum, dated April 11, 2023, claims that the United States is leading a coalition of “unfriendly countries” aimed at weakening Russia because Moscow is “a threat to Western global hegemony.” The document says the outcome of Russia’s war in Ukraine will “to a great degree determine the outlines of the future world order,” a clear indication that Moscow sees the result of its invasion as inextricably bound with its ability — and that of other authoritarian nations — to impose its will globally.

Reuss, Albert, 1889-1975; Lady Reading a Book

Albert Reuss, Lady Reading a Book

The Russians have clearly succeeded in subverting much of the Republican Party. Right now, far right Republicans are talking about getting rid of House Speaker Mike Johnson because he appears to be trying to pass some military aid for Ukraine.

The Washington Post: Momentum builds to oust Johnson from House speakership.

House Speaker Mike Johnson’s job is in serious jeopardy as two far-right lawmakers are threatening to oust him after the embattled Republican leader proposed a complex plan intended to fund key foreign allies during wartime.

Johnson (La.) introduced a four-part proposal Monday night to decouple aid for Israel, which faced a barrage of missiles and drones from Iran over the weekend, and help for Ukraine in its fight against Russia, along with two other measures. But his angry right flank — which has for weeks threatened to wrest Johnson’s gavel — escalated its attacks Tuesday morning, also vowing to sink a procedural measure needed to consider his plan.

During a weekly Republicanmeeting Tuesday morning, Rep. Thomas Massie (Ky.) upped the ante when he stood and called on Johnson to resign after announcing that he had signed on to Rep. Marjorie Taylor Greene’s plan to depose him, known as a motion to vacate.

That means that if Democrats chose not to rescue Johnson, Republicans would need just a simple majority to oust their second speaker in six months, causing the House to descend further into chaos during an election year when their slender grasp on the majority is at stake. Republicans appear seriously divided not only about the possible effort to eject Johnson, but also on the foreign aid bills, especially the Ukraine aid that a strident faction staunchly opposes.

Massie said he had warned the speaker in a private conversation “weeks ago” that if the motion to oust him was called to the floor, and Democrats did not help bail him out, Republicans would be successful in removing him as speaker because “we’re steering everything toward what [Senate Majority Leader] Chuck Schumer wants.”

“The motion is going to get called, okay? Does anybody doubt that? The motion will get called, and then he’s going to lose more votes than Kevin McCarthy,” Massie said, referencing the previous GOP speaker, who lost the gavel when eight Republicans joined all Democrats to oust him in October.

“I am not resigning,” Johnson said defiantly at a news conference Tuesday, calling the threat “absurd” as Republicans are “trying to do their job.”

If Republicans don’t watch out, they could end up with Speaker Hakim Jeffries. But loyalty to Putin is these Republicans’ top priority.

Yesterday, Senator Tom Cotton recommended that drivers should mow down protesters who block roads. After being criticized, he “doubled down.” Allison Quinn at The Daily Beast: Tom Cotton Doubles Down on Calls for Mob Violence Against Protesters.

A day after encouraging members of the public to “take matters into their own hands” to deal with peaceful protesters, Sen. Tom Cotton (R-AR) is doubling down on his endorsement of mob violence.

The Arkansas Republican shared a video on X on Tuesday morning of climate protesters who were blocking a road in France being grabbed and tossed on the side of the road by angry drivers. “How it should be done,” he captioned the video.

[Wordpress won’t let me post the video, but you can watch it at the link above.]

Cotton was apparently unfazed by backlash he received over comments made a day earlier, when he said protesters who blocked part of the Golden Gate Bridge would’ve been tossed off the bridge if it had happened in Arkansas.

“I encourage people who get stuck behind the pro-Hamas mobs blocking traffic: take matters into your own hands to get them out of the way. It’s time to put an end to this nonsense,” he wrote on X about protesters criticizing the U.S. response to the Israel-Hamas war.

Cotton, who famously penned an op-ed in 2020 calling for troops to be deployed to crush nationwide protests, also suggested in comments to Fox News that protesters blocking the road should have their hands “glued … to a car or the pavement,” noting that it’d be “probably pretty painful to have their skin ripped off.”

Nice guy.

On Trump’s NYC criminal trial

Travis Gettys at Raw Story: Trump allies concerned about ‘physical toll’ of trial on elderly ex-president: DC insider.

Donald Trump has apparently dozed off during each of the first two days of his criminal trial, and MSNBC’s Jonathan Lemire said allies are concerned about the “physical toll” of sitting through hours of courtroom proceedings on the 77-year-old former president.

Judge Juan Merchan has already told the ex-president he must attend the trial or face potential jail time, and those who know Trump understand that he lacks discipline and will likely find it hard to control himself in the courtroom during a trial that’s expected to last for more than a month.

John, Gwen, 1876-1939; The Convalescent

The Convalescent, by Gwen John, 1876-1939

“He has a legendary short attention span, ricocheting from one thought to the next, would frustrate his business advisers and his White House staff,” said Lemire, who hosts “Way Too Early” and also serves as Politico’s White House bureau chief. “He’s been, best I can tell, disciplined only a handful of times in his life – the last week of the [2016] election, he was convinced to stay off Twitter, and we know that helped him win in the last few days with an assist from FBI director [James] Comey, but that’s certainly the exception rather than the rule. He is undisciplined.”

“I was speaking to someone in Trumpworld last night who did acknowledge that, that the physical toll this is taking on Trump already,” Lemire added. “A couple of times we have seen him close his eyes, potentially asleep. Though he’s been in courtrooms a lot in recent months, most of those appearances relatively brief, an hour here, a couple of hours there – lots of breaks. He never had to be there for eight, nine hours at a time, and he’s going to have to do that each and every day. He gets today off but he’ll be back tomorrow, he’ll be back Friday. He’ll be back Monday, and there’s concern in Trumpworld about the physical toll this will take on him.”

I’ll bet Trump just loves that story.

The Hill: Toobin implies Trump remarks after court may hurt him if played for jury.

Legal analyst Jeffrey Toobin suggested former President Trump’s remarks after the second day of his hush money trial — centered on the falsification of business records — could possibly hurt him.

Toobin implied to CNN’s Anderson Cooper on Tuesday night that the comments, which “could be played before the jury,” may come back to haunt the former president in the case. But, the analyst added, Trump could also turn it around and say he doesn’t handle his own business records.

“Remember, the whole case is about the falsification of these business records. And you know, Trump has potentially the argument, ‘Look, I run a multibillion-dollar company. I don’t know how the accountants, how the bookkeepers record things,’” he said. “That’s going to be a big issue in the case.”

“How is the government going to prove that Trump knew and initiated or at least supported the idea that these payoffs were recorded as legal fees?” Toobin asked, adding that the former president “caught himself” in his remarks. “But you know that that video could be played before the jury, no question.”

While speaking to reporters Tuesday after the second day of jury selection wrapped up in the historic criminal trial, the former president said he marked the reimbursements at the center of the case as a “legal expense,” before noting that the accountants did that.

“I was paying a lawyer, and we marked it down as a legal expense — some accountant. I didn’t know,” Trump told reporters. “Mark it down as a legal expense. That’s exactly what it was. And you get indicted over that?”

“When he started to say, I marked it down as legal expenses, my ears perked up because it’s been a little bit unclear exactly how the state is going to prove that Trump falsified the records because many of these entries may have been made by the accountants for the Trump Organization,” she added.

Stephen Collinson at CNN: A jury that will decide Trump’s fate begins to take shape as first criminal trial powers ahead.

There are two Donald Trump criminal trials now taking place.

There’s the one in a Manhattan courtroom, where a judge, attorneys for both sides and prospective jurors are making strenuous efforts to lay the foundation of the fair trial to which the ex-president and every other citizen is entitled.

And there’s the imaginary trial that exists in Trump’s rhetoric, led by “heartless thugs” and a “very conflicted judge” who is “rushing the trial” that the presumptive GOP nominee claims is a “Biden inspired witch-hunt.”

In court on Tuesday, Trump made eye contact with potential jurors and was admonished by Judge Juan Merchan for muttering while one was questioned. But the surprisingly snappy pace of the process confounded initial expectations that putting on trial possibly the most famous man on Earth would be a laborious and prolonged process. While there were occasional moments of levity in the court and reminders that Trump’s status make him a defendant like none other, conversations that members of the jury pool had with the judge and defense lawyers and prosecutors hinted at the gravity of what will unfold in the coming weeks.

Reading Woman, by Henri Matisse

One potential juror, for instance, noted: “This is real. This man’s life is on the line, the country’s on the line, this is serious.”

As Trump’s hush money trial quickened on its second, compelling day — with seven jurors seated — Trump stepped up efforts to discredit the proceedings and the legal system itself. He bolstered the argument that is both his primary defense and his main campaign message — that he’s a persecuted victim being prosecuted because he’s on course to win back the White House in November. The former president’s strategy encapsulates one of the most consequential challenges to the American courts system in modern memory — one that is likely to leave it tarnished in the eyes of tens of millions of his supporters whatever the jury decides. And it exemplifies the unprecedented circumstances of the first former president going on trial in the middle of an election campaign that is now running more through multiple court rooms than swing states.

But outside the courtroom, the former president raged, offering a skewed commentary on the good faith efforts inside.

When the search for 12 jurors plus alternates paused for the day, Trump motorcaded to a bodega uptown, to highlight what he says is rising crime faced by the owners of small stores that are often open all night and especially serve immigrant communities. Trump was in his element, waving to a crowd that chanted “Four more years” and “We love Trump,” as he belted out quotes that dripped with falsehoods about foreign nations emptying their prisons and asylums to send a tide of migrants to American cities.

In a rowdy event in which he looked more like a mayoral candidate than a presumptive presidential nominee, he made two points. First that Manhattan District Attorney Alvin Bragg should be going after ‘real’ criminals and not him, and that his obligation to attend the trial was keeping him off the campaign trail, as his rival, President Joe Biden, sweeps this week through swing-state Pennsylvania.

Poor, pitiful Donald.

That’s all I have for you today. What do you think? What other stories are you following?


Lazy Caturday Reads

Happy Caturday!!

Painting by Artush, 2013

Painting by Artush, 2013

I’ve been trying to understand what is going on with the bond Trump tried to post in order to appeal his fraud conviction in New York. He supposedly posted a bond of $175 million, but then problems arose. Here’s what I’ve found so far.

Ben Protess and Matthew Haag at The New York Times: New York Attorney General Questions Trump’s $175 Million Bond Deal.

The New York attorney general’s office on Thursday took exception to a $175 million bond that Donald J. Trump recently posted in his civil fraud case, questioning the qualifications of the California company that provided it.

The dispute stems from a $454 million judgment Mr. Trump is facing in the case, which the attorney general’s office brought against the former president and his family business. The attorney general, Letitia James, accused Mr. Trump of fraudulently inflating his net worth, leading to a monthslong trial last year that ended with a judge imposing the huge penalty.

Mr. Trump had to obtain the bond as a financial guarantee while he appeals the penalty — or else open himself up to the possibility that Ms. James would collect. Without a bond in place, she could have frozen his bank accounts and begun the complicated process of trying to seize some of his New York properties.

Mr. Trump appeared to stave off this calamity on Monday when he posted the $175 million bond from the California firm, Knight Specialty Insurance Company. Although he was originally required to secure a guarantee for the full $454 million judgment, an appeals court recently granted him a break, allowing him to post the smaller bond.

By providing the bond — which is a legal document, not an actual transfer of money — Knight essentially promises New York’s court system that it will cover $175 million of the judgment against Mr. Trump if he loses his appeal and fails to pay. In return, Mr. Trump pays a fee to Knight, and pledges it a significant amount of cash as collateral.

So what happened?

Now, however, Ms. James is raising questions that could imperil the deal with Knight, which is owned by Don Hankey, a billionaire who made his fortune with subprime loans. And the judge in the case, Arthur F. Engoron, has tentatively scheduled a hearing for April 22 to discuss the bond.

In a court filing on Thursday, Ms. James noted that Knight was not registered to issue appeal bonds in New York, and so she demanded that the company or Mr. Trump’s lawyers file paperwork to “justify” the bond within 10 days. Ms. James is seeking to clarify whether Knight, which had never posted a similar court bond before aiding Mr. Trump, is financially capable of fulfilling its obligation to pay the $175 million if Mr. Trump defaults.

Even if Knight lacks the funds itself, the company should be able to tap the collateral Mr. Trump pledged.

In an interview this week, Mr. Hankey said that Mr. Trump pledged $175 million in cash as collateral that was being handled by a brokerage firm. Mr. Trump, in the meantime, is able to earn interest on the money.

So I guess we’ll all have to wait a couple of weeks until this gets addressed in court on April 22.

Alison Friend

By Alison Friend

From Kaitlin Lewis at Newsweek: Donald Trump Bond Rejected Due to Low Fee, Insurer Suggests.

The billionaire behind the surety company that posted Donald Trump‘s civil fraud bond said that insurers “probably didn’t charge” the former president enough when covering the pledge.

Trump posted a $175 million bond on Monday as he appeals a ruling by New York State Supreme Court Justice Arthur Engoron, who found the former president and others associated with The Trump Organization liable of misleading insurers and lenders to obtain stronger financial terms.

But the bond was rejected by the court’s filing system later that same day due to missing paperwork, including a “current financial statement.” New York Attorney General Letitia James later raised questions about the “sufficiency” of the bond.

Don Hankey, chairman of the Los-Angeles based Hankey Group and owner of the Knight Specialty Insurance Company that posted Trump’s bond, told Reuters in an interview published Friday that his firm charged the former president a low fee when agreeing to put up the $175 million bond. The businessman reportedly declined to disclose the fee, but said that Knight picked a lower amount because it did not believe there was much risk involved.

According to online agency Insureon, which handles small-business insurance, a surety bond’s fee can range from 1 percent to 15 percent of the total bond amount.

Hankey added during the interview that his company had “been getting a lot of emails” and phone calls since backing Trump’s bond, adding, “Maybe that’s part of the reason he had trouble with other insurance companies.” The former president’s lawyers had pleaded with a New York appeals court to lower the bond amount from Trump’s original $454 million order in damages, arguing that it was a “practical impossibility” to meet the penalty.

Hankey also said that he was shocked that James had questioned the bond, telling Reuters that he was “surprised they’re coming down harder on our bond or looking for reasons to cause issues with our instrument.”

I don’t completely understand that. Maybe Daknikat can make more sense of it than I can.

ProPublica has a scoop on Trump’s efforts to mislead the appeals court that ended up lowering his bond amount:  Trump’s Lawyers Told the Court That No One Would Give Him a Bond. Then He Got a Lifeline, but They Didn’t Tell the Judges.

Former President Donald Trump scored a victory last week when a New York court slashed the amount he had to put up while appealing his civil fraud case to $175 million.

His lawyers had told the appellate court it was a “practical impossibility” to get a bond for the full amount of the lower court’s judgment, $464 million. All of the 30 or so firms Trump had approached balked, either refusing to take the risk or not wanting to accept real estate as collateral, they said. That made raising the full amount “an impossible bond requirement.”

Koshariki, by Vladimir RumyaBut before the judges ruled, the impossible became possible: A billionaire lender approached Trump about providing a bond for the full amount.

The lawyers never filed paperwork alerting the appeals court. That failure may have violated ethics rules, legal experts say.

In an interview with ProPublica, billionaire California financier Don Hankey said he reached out to Trump’s camp several days before the bond was lowered, expressing willingness to offer the full amount and to use real estate as collateral.

“I saw that they were rejected by everyone and I said, ‘Gee, that doesn’t seem like a difficult bond to post,’” Hankey said.

As negotiations between Hankey and Trump’s representatives were underway, the appellate court ruled in Trump’s favor, lowering the bond to $175 million. The court did not give an explanation for its ruling.

Hankey ended up giving Trump a bond for the lowered amount.

It appears Trump’s attorneys could get in trouble over this. According to the article, even if the lawyers didn’t know about the new offer until after the appeals court decision, they were required to inform the court about the new offer after the fact. Read more details at ProPublica.

Brandi Buchman has an important legal story at Law and Crime: The Trump Docket: A window into Trump’s ‘private’ acts on Jan. 6 may soon be opened by a federal judge.

Very soon, a federal judge in Washington, D.C., is expected to issue a ruling that could expose key pieces of discovery that some lawyers say prove Donald Trump acted in his “private” capacity on Jan. 6, 2021 — not in his official role — when whipping up a mob of his supporters at the Ellipse and urging them to descend on the Capitol where lawmakers were meeting to certify the 2020 election.

This is a key distinction for a group of former and current U.S. lawmakers and police suing Trump for violations of the Ku Klux Klan Act, as Law&Crime previously reported. Just this week, the former president filed a motion to stay that civil litigation indefinitely, invoking his brewing immunity question before the Supreme Court.

Law&Crime spoke to Joseph Sellers, an attorney representing the lawmaker plaintiffs. The parties met this week to finish briefing the requests for discovery before U.S. District Judge Amit Mehta.

Trump argues the overlap between the civil claim and his criminal indictment prosecuted by special counsel Jack Smith is too great and that going to trial, or even beginning pretrial proceedings like discovery, would threaten his Fifth Amendment right against self-incrimination.

While there may be some overlap in the details of the respective cases, Sellers said Trump’s wait-and-see approach by invoking the immunity question doesn’t hold up.

“The criminal case that’s before the Supreme Court on the question of immunity is framed entirely differently in this respect and it’s quite important. In our civil case, the question is whether his conduct was primarily of an official or private nature. That’s pivotal,” he said.

When the Supreme Court set arguments on Trump’s immunity question, they framed the question in a way that assumes Trump’s conduct on Jan. 6 was official and as a result, the question was whether he was immune from criminal prosecution.

The private-versus-official distinction isn’t presented there, Sellers said.

Because of this, the lawmakers say that no matter what the high court does, it should have no impact on the availability of immunity in the civil case. Invoking Trump’s criminal Jan. 6 trial, which is currently in purgatory itself, is a “grossly overbroad request,” the attorney said.

Head over to Law and Crime to read the rest.

Heidi Taillefer

By Heidi Taillefer

The Guardian has an interesting article on Trump’s insane, rambling public rants at The Guardian by Rachael Leingang: Trump’s bizarre, vindictive incoherence has to be heard in full to be believe.

He’s on the campaign trail less these days than he was in previous cycles – and less than you’d expect from a guy with dedicated superfans who brags about the size of his crowds every chance he gets. But when he has held rallies, he speaks in dark, dehumanizing terms about migrants, promising to vanquish people crossing the border. He rails about the legal battles he faces and how they’re a sign he’s winning, actually. He tells lies and invents fictions. He calls his opponent a threat to democracy and claims this election could be the last one.

Trump’s tone, as many have noted, is decidedly more vengeful this time around, as he seeks to reclaim the White House after a bruising loss that he insists was a steal. This alone is a cause for concern, foreshadowing what the Trump presidency redux could look like. But he’s also, quite frequently, rambling and incoherent, running off on tangents that would grab headlines for their oddness should any other candidate say them.

Journalists rightly chose not to broadcast Trump’s entire speeches after 2016, believing that the free coverage helped boost the former president and spread lies unchecked. But now there’s the possibility that stories about his speeches often make his ideas appear more cogent than they are – making the case that, this time around, people should hear the full speeches to understand how Trump would govern again.

Watching a Trump speech in full better shows what it’s like inside his head: a smorgasbord of falsehoods, personal and professional vendettas, frequent comparisons to other famous people, a couple of handfuls of simple policy ideas, and a lot of non sequiturs that veer into barely intelligible stories.

Leingang provides many examples of Trump’s incoherence. Here’s just one long quoted section:

Some of these bizarre asides are best seen in full, like this one about Biden at the beach in Trump’s Georgia response to the State of the Union:

“Somebody said he looks great in a bathing suit, right? And you know, when he was in the sand and he was having a hard time lifting his feet through the sand, because you know sand is heavy, they figured three solid ounces per foot, but sand is a little heavy, and he’s sitting in a bathing suit. Look, at 81, do you remember Cary Grant? How good was Cary Grant, right? I don’t think Cary Grant, he was good. I don’t know what happened to movie stars today. We used to have Cary Grant and Clark Gable and all these people. Today we have, I won’t say names, because I don’t need enemies. I don’t need enemies. I got enough enemies. But Cary Grant was, like – Michael Jackson once told me, ‘The most handsome man, Trump, in the world.’ ‘Who?’ ‘Cary Grant.’ Well, we don’t have that any more, but Cary Grant at 81 or 82, going on 100. This guy, he’s 81, going on 100. Cary Grant wouldn’t look too good in a bathing suit, either. And he was pretty good-looking, right?”

This is a long piece, so if you’re interested, head over to the Guardian and read the whole thing.

Up in the Clouds, by Megan Ellen MacDonaldThe fund-raising race in the presidential campaign is the focus of a number of stories today.

Politico: Biden campaign announces pulling in $90M in March.

President Joe Biden’s campaign said it raised $90 million in March, a sum that’s likely to grow the president’s significant financial edge over former President Donald Trump.

The Biden campaign said it had $192 million in cash on hand, a total that includes funds from the campaign, the Democratic National Committee and related joint fundraising committees. It’s the largest war chest amassed by any Democratic presidential candidate at this point in the cycle, according to a Biden campaign memo announcing the totals on Saturday. Aides released the total ahead of the monthly Federal Elections Commission filing deadline later this month.

Biden’s monthly totals come on the same day as Trump is holding his own major fundraiser. The former president’s campaign said they expect to raise more than $43 million at a one-night event in Palm Beach, Florida. Saturday’s Trump fundraiser aims to top the “three presidents” extravaganza in New York City last week, when Biden, joined by former Presidents Barack Obama and Bill Clinton, hauled in more than $26 million on a star-studded night.

Biden’s financial edge has remained a bright spot for the president, who continues to struggle with stubbornly low approval ratings and trails Trump narrowly in national polling averages.

Biden and the DNC ended February with more than double the cash-on-hand that Trump and the RNC had. Trump has failed to match his 2020 fundraising totals, and he’s also diverted millions of dollars to help pay his legal fees.

NBC News: Trump’s $50 million gala set to double Biden’s triple-president fundraiser.

Former President Donald Trump has secured commitments totaling $50 million for a Saturday fundraiser in Palm Beach, Florida, according to four sources familiar with an effort that could bring in double what three Democratic presidents raised last week for President Joe Biden’s re-election push.

Hosted by hedge-fund billionaire John Paulson, the event will benefit Trump’s campaign, his Save America PAC, the Republican National Committee and state chapters of the GOP under a joint-fundraising agreement.

“Saturday’s event signifies the GOP’s finance team is all back home,” said one of the sources, who plans to attend the fundraiser. “Should produce a record haul.”

Trump also held a call with donors and fundraisers on Friday, in which he said he expected to double the amount Democrats raised at the recent Democratic event, according to one of the other sources, who was on the call.

It was not immediately clear whether all of the committed money would be collected by Saturday night.

This is from The Hill: Biden campaign hits Trump over guests at upcoming Palm Beach high-dollar fundraiser.

President Biden’s reelection campaign hit former President Trump on Friday over the guest list for his high-dollar fundraiser in Palm Beach, Fla., this weekend….

In a statement first sent to The Hill, the Biden campaign focused on the expected attendees to hit Trump on his fundraising strategy of looking to billionaires who have targeted programs such as Social Security.

August

Taking Inventory, by Erica Oller

“If you want to know who Donald Trump will fight for in a second term, just look at who he is having over for dinner Saturday night – tax cheats, scammers, racists, and extremists,” Biden campaign senior spokesperson Sarafina Chitika said.

“Make no mistake, Donald Trump will do the bidding of his billionaires buddies instead of what is best for the American people. He’ll take their checks and cut their taxes, and leave hard working Americans behind, shipping their jobs overseas, gutting Social Security and Medicare, ripping away health care protections, and banning abortion,” she added.

The Biden campaign pointed to Paulson, whom Trump has reportedly considered for Treasury Secretary if he wins, and who said during a 2018 New York University panel that Social Security could be switched to “to defined contribution from defined benefit.”

It called out Jeff Yass, a billionaire businessman and major investor in TikTok, as an expected attendee who floated privatizing Social Security accounts in a Wall Street Journal opinion piece in 2019….

Additionally, the campaign pointed to Michael Hodges, founder of a payday lender, as an attendee. He reportedly told other payday lenders in 2019 that contributions to Trump’s 2020 campaign could mean access to the then-administration, according to The Washington Post. It also pointed out that members of the Mercer family are Trump donors and that hedge fund manager Robert Mercer has argued that the Civil Rights Act was a mistake, citing The New Yorker.

The Biden campaign also pointed to John Catsimatidis, who is expected at the dinner. Catsimatidis, a billionaire who ran for New York City mayor in 2013, compared former President Obama’s plans in 2013 to raise taxes on the wealthy to how “Hitler punished the Jews,” according to Newsweek.

IMO, it’s great that Biden’s campaign is pointing out the creepy rich guys who are supporting Trump.

Some foreign policy stories:

CNN: US preparing for significant Iran attack on US or Israeli assets in the region as soon as next week.

The US is on high alert and actively preparing for a “significant” attack that could come as soon as within the next week by Iran targeting Israeli or American assets in the region in response to Monday’s Israeli strike in Damascus that killed top Iranian commanders, a senior administration official tells CNN.

Senior US officials currently believe that an attack by Iran is “inevitable” – a view shared by their Israeli counterparts, that official said. The two governments are furiously working to get in position ahead of what is to come, as they anticipate that Iran’s attack could unfold in a number of different ways – and that both US and Israeli assets and personnel are at risk of being targeted.

A forthcoming Iranian attack was a major topic of discussion on President Joe Biden’s phone call with Israeli Prime Minister Benjamin Netanyahu on Thursday.

As of Friday, the two governments did not know when or how Iran planned to strike back, the official said.

By Christina Bernazzani

By Christina Bernazzani

A direct strike on Israel by Iran is one of the worst-case scenarios that the Biden administration is bracing for, as it would guarantee rapid escalation of an already tumultuous situation in the Middle East. Such a strike could lead to the Israel-Hamas war broadening into a wider, regional conflict – something Biden has long sought to avoid.

It has been two months since Iranian proxies attacked US forces in Iraq and Syria, a period of relative stability after months of drone, rocket and missile launches targeting US facilities. The lone exception came on Tuesday, when US forces shot down a drone near al-Tanf garrison in Syria. The drone attack, which the Defense Department said was carried out by Iranian proxies, came after the Israeli strike on the Iranian embassy in Damascus.

“We asses that al-Tanf was not the target of the drone,” a defense official said Tuesday. “Since we were unable to immediately determine the target and out of safety for US and coalition partners, the drone was shot down.”

The incident came after the Israeli airstrike on the Iranian embassy in Damascus on Monday, though an Israel Defense Forces spokesman told CNN that their intelligence showed the building was not a consulate and is instead “a military building of Quds forces disguised as a civilian building.”

More at the CNN link.

Axios: Pelosi joins call to halt U.S. weapons transfers to Israel.

Former House Speaker Nancy Pelosi (D-Calif.) signed onto a call by progressive members of Congress for the U.S. to stop transferring weapons to Israel over a strike that killed seven aid workers in Gaza.

Why it matters: It’s a significant break with Israel by a long-standing supporter that underscores growing fissures between Democrats and Israeli Prime Minister Benjamin Netanyahu’s government.

Driving the news: The letter, led by Reps. Mark Pocan (D-Wisc.), Jim McGovern (D-Mass.) and Jan Schakowsky (D-Ill.), was released on Friday with 37 signatures from 37 other Democrats, including Pelosi.

“In light of the recent strike against aid workers and the ever-worsening humanitarian crisis, we believe it is unjustifiable to approve these weapons transfers,” the lawmakers wrote to President Biden and Secretary of State Antony Blinken.

Isabelle Khurshudyan at The Washington Post: With no way out of a worsening war, Zelensky’s options look bad or worse.

KYIV — As Russia steps up airstrikes and once again advances on the battlefield in Ukraine more than two years into its bloody invasion, there is no end to the fighting in sight. And President Volodymyr Zelensky’s options for what to do next — much less how to win the war — range from bad to worse.

Zelensky has said Ukraine will accept nothing less than the return of all its territory, including land that Russia has controlled since 2014. But with the battle lines changing little in the last year, militarily retaking the swaths of east and south Ukraine that Russia now occupies — about 20 percent of the country — appears increasingly unlikely.

Negotiating with Russian President Vladimir Putin to end the war — something Zelensky has rejected as long as Russian troops remain on Ukrainian land — is politically toxic. The Ukrainian public is hugely opposed to surrendering territory, and Putin shown no willingness to accept anything short of Ukraine’s capitulation to his demands.

The status quo is awful. With the fight now a grinding stalemate, Ukrainians are dying on the battlefield daily. But a cease-fire is also a nonstarter, Ukrainians say, because it would just give the Russians time to replenish their forces.

Ukrainian and Western officials view Zelensky as largely stuck. Aid from the United States, Ukraine’s most important military backer, has been stalled for months by Republicans in Congress. Previously approved modern fighter jets — the U.S.-made F-16 — are expected to enter combat later this year — but in limited quantity, meaning they will not be a game changer. NATO countries are still exercising restraint in their assistance, evidenced by the recent uproar after French President Emmanuel Macron said European nations should not rule out sending troops.

“How will Zelensky get out of this situation? I have no idea,” said a Ukrainian lawmaker who, like other officials and diplomats interviewed for this article, spoke on the condition of anonymity to be candid about the highly sensitive politics. “And of course it concerns me.”

The responsibility for this nightmare belongs solely to House Speaker Mike Johnson, who is loyalties are to Trump and Putin, and not his country.

That’s it for me today. What do you think? What other stories are you following?


Wednesday Reads

Good Afternoon!!

It’s spring, but here in New England, we are awaiting a winter storm–a Nor’easter with high winds, torrential rains, and even snow in some areas. The storm is expected to last from this afternoon into Friday. It’s supposed to get stormy later this afternoon, but I can see outside my window that it is already raining. It’s a good day to read book and maybe take a nap.

The world news is awful. Benjamin Netanyhu is a monster. Yesterday, we learned that 7 workers for José Andrés’ World Central Kitchen were killed in 3 Israeli strikes in Gaza that sound targeted. The charity said they had coordinated with the IDF and had large signs on the roofs of their vehicles identifying them as aid workers.

David Graham at The Atlantic: A Deadly Strike in Gaza.

Seven people working for a humanitarian aid group led by the chef José Andrés were killed in an Israeli air strike in the central Gaza Strip today. The strike is a black mark for the Israel Defense Forces, and likely to turn world opinion further against the Gaza campaign. But more than its geopolitical significance, the strike is a horrifying moment on a human level. Innocent people, doing good work to feed a starving population, have died for no reason at all.

The group, World Central Kitchen, has been engaged for months in efforts to feed severely malnourished Palestinians in Gaza. WCK said the workers were “traveling in a deconflicted zone in two armored cars branded with the WCK logo and a soft skin vehicle,” and that the strike happened despite the group coordinating its movements with the Israel Defense Forces. Footage shows a puncture directly through the WCK emblem prominently displayed atop a vehicle.

Israeli Prime Minister Benjamin Netanyahu acknowledged the strike, which he described as an accident. “Unfortunately, there was a tragic incident in which our forces unintentionally hit innocent people in the Gaza Strip,” he said. “As it happens in war, we are investigating the matter fully, we are in contact with the governments, and we will do everything possible to prevent this from happening again.”

When Netanyau made this statement, there was an obvious smirk on his face.

Back to the Atlantic:

The Israeli newspaper Haaretz reported that the trucks were traveling along a route approved by the IDF when they were struck by an Israeli drone. Security forces believed that there was an armed Hamas member in the convoy, but the target was not actually traveling in any of the vehicles at the time of the strike. After each of the first two vehicles was struck, the passengers moved the wounded to a third, before another strike hit that one, killing the seven people. A Haaretz source inside the defense establishment blamed units in the field for acting rashly.

Writing on X, Andrés mourned the deaths: “The Israeli government needs to stop this indiscriminate killing. It needs to stop restricting humanitarian aid, stop killing civilians and aid workers, and stop using food as a weapon. No more innocent lives lost. Peace starts with our shared humanity. It needs to start now.” [….]

The deaths are the latest senseless act of violence in a cycle that began with Hamas’s October 7 attacks, which killed more than 1,000 Israelis. Tens of thousands of Palestinians have died in Israel’s campaign in Gaza since. Netanyahu says the operation will destroy Hamas, though many commentators inside and outside of Israel find that goal unrealistic. The IDF has blamed civilian casualties on Hamas, which has intertwined its operations with noncombatants. Many aid workers have died, as well as nearly 100 members of the media, according to the Committee to Protect Journalists.

The New York Times: José Andrés: Let People Eat.

In the worst conditions you can imagine — after hurricanes, earthquakes, bombs and gunfire — the best of humanity shows up. Not once or twice but always.

The seven people killed on a World Central Kitchen mission in Gaza on Monday were the best of humanity. They are not faceless or nameless. They are not generic aid workers or collateral damage in war.

PALESTINIAN-ISRAEL-CONFLICT-AID

People gather around the carcass of a car used by US-based aid group World Central Kitchen, that was hit by an Israeli strike the previous day in Deir al-Balah in the central Gaza Strip on April 2, 2024. (Photo by AFP) (Photo by -/AFP via Getty Images)

Saifeddin Issam Ayad Abutaha, John Chapman, Jacob Flickinger, Zomi Frankcom, James Henderson, James Kirby and Damian Sobol risked everything for the most fundamentally human activity: to share our food with others.

These are people I served alongside in Ukraine, Turkey, Morocco, the Bahamas, Indonesia, Mexico, Gaza and Israel. They were far more than heroes.

Their work was based on the simple belief that food is a universal human right. It is not conditional on being good or bad, rich or poor, left or right. We do not ask what religion you belong to. We just ask how many meals you need.

From Day 1, we have fed Israelis as well as Palestinians. Across Israel, we have served more than 1.75 million hot meals. We have fed families displaced by Hezbollah rockets in the north. We have fed grieving families from the south. We delivered meals to the hospitals where hostages were reunited with their families. We have called consistently, repeatedly and passionately for the release of all the hostages.

All the while, we have communicated extensively with Israeli military and civilian officials. At the same time, we have worked closely with community leaders in Gaza, as well as Arab nations in the region. There is no way to bring a ship full of food to Gaza without doing so.

That’s how we served more than 43 million meals in Gaza, preparing hot food in 68 community kitchens where Palestinians are feeding Palestinians.

We know Israelis. Israelis, in their heart of hearts, know that food is not a weapon of war.

Israel is better than the way this war is being waged. It is better than blocking food and medicine to civilians. It is better than killing aid workers who had coordinated their movements with the Israel Defense Forces.

The World Central Kitchen has pulled out of Gaza for now, and without them Palestinians will starve.

Reuters: Biden ‘outraged’ by Israeli airstrike that killed aid workers in Gaza.

U.S. President Joe Biden said on Tuesday he was “outraged and heartbroken” by an Israeli airstrike in Gaza that killed seven people working for World Central Kitchen (WCK) and he called on Israel to do more to protect aid workers.

Israel’s investigation of the incident “must be swift, it must bring accountability, and its findings must be made public,” Biden said in a statement.

“Even more tragically, this is not a stand-alone incident,” he said. “This conflict has been one of the worst in recent memory in terms of how many aid workers have been killed.” [….]

Biden said Israel has not done enough to protect aid workers or civilians in Gaza.

“The United States has repeatedly urged Israel to deconflict their military operations against Hamas with humanitarian operations, in order to avoid civilian casualties,” he said.

Biden also spoke to Chef Andres by phone. Read about it at Axios. That’s a start, but Biden needs to do more. I think he should cut off military aid to Israel.

As usual, there is lots of Trump news.

First, late last night Special Prosecutor Jack Smith filed a response to Judge Aileen Cannon’s order that both sides submit jury instructions based on her faulty interpretation of the Presidential Records Act.

Hannah Rabinowitz and Tierney Sneed at CNN: Special counsel blasts judge’s jury instruction request in Trump documents case.

In perhaps prosecutors’ strongest rebuke yet to how Judge Aileen Cannon has handled the classified documents case against former President Donald Trump, special counsel Jack Smith said in court filings late Tuesday evening that the judge had ordered briefings based on a “fundamentally flawed” understanding of the case that has “no basis in law or fact.”

Smith’s team harshly critiqued Cannon’s request for jury instructions that embraced Trump’s claims that he had broad authority to take classified government documents and said it would seek an appeals court review if she accepted the former president’s arguments about his record-retention powers.

In an unusual order last month, Cannon asked attorneys on the classified documents case to submit briefs on potential jury instructions defining terms of the Espionage Act, under which Trump is charged over mishandling 32 classified records. Specifically, Cannon asked the special counsel and defense attorneys to write two versions of proposed jury instructions.

cannon-fan-girl-1200The first scenario would instruct a jury to assess whether each of the records that Trump is accused of retaining fell into the categories of “personal” or “presidential” as laid out by the Presidential Records Act, a post-Watergate law that governs how White House records belonging to the government are to be handled at the end of a presidency.

The second version Cannon asked for assumes that as president, Trump had complete authority to take records he wanted from the White House, which would make it nearly impossible for prosecutors to secure a conviction. If she were to institute this sort of instruction, Smith’s team said, “the Government must be provided with an opportunity to seek prompt appellate review.”

“Both scenarios rest on an unstated and fundamentally flawed legal premise — namely, that the Presidential Records Act and in particular its distinction between ‘personal’ and ‘Presidential’ records, determines whether a former President is ‘authorized,’ under the Espionage Act, to possess highly classified documents and store them in an unsecure facility,” the special counsel’s team wrote.

If allowed to be presented to a jury, prosecutors said, “that premise would distort the trial.” [….]

Prosecutors have repeatedly said that PRA is not relevant to the charges against Trump, as the conduct he is accused of happened after his term as president ended. Trump’s claim that he deemed the records personal are “pure fiction,” invented once the National Archives had retrieved boxes with classified information from Mar-a-Lago two years after he left office, they wrote Tuesday.

Their new filing sheds light on some of the evidence that investigators have collected about Trump’s record-keeping habits during his presidency. According to the prosecutors’ account, there is no evidence that Trump designated the relevant classified records as personal when he left the White House, and the prosecutors said he got the idea that he did have such power many months later, from the leader of a conservative legal organization.

That leader is Tom Fitton of Judicial Watch. Fitton is not an attorney.

Alan Feuer at The New York Times: Frustrated Prosecutors Ask Trump Documents Judge to Act on Key Claim.

In an open display of frustration, federal prosecutors on Tuesday night told the judge overseeing former President Donald J. Trump’s classified documents case that a “fundamentally flawed” order she had issued was causing delays and asked her to quickly resolve a critical dispute about one of Mr. Trump’s defenses — leaving them time to appeal if needed.

The unusual and risky move by the prosecutors, contained in a 24-page filing, signaled their mounting impatience with the judge, Aileen M. Cannon, who has allowed the case to become bogged down in a logjam of unresolved issues and curious procedural requests. It was the most directly prosecutors have confronted Judge Cannon’s legal reasoning and unhurried pace, which have called into question whether a trial will take place before the election in November even though both sides say they could be ready for one by summer.

CannonIn their filing, prosecutors in the office of the special counsel, Jack Smith, all but begged Judge Cannon to move the case along and make a binding decision about one of Mr. Trump’s most brazen claims: that he cannot be prosecuted for having taken home a trove of national security documents after leaving office because he transformed them into his own personal property under a law known as the Presidential Records Act.

The prosecutors derided that assertion as one “not based on any facts,” adding that it was a “justification that was concocted more than a year after” Mr. Trump left the White House.

“It would be pure fiction,” the prosecutors wrote, “to suggest that highly classified documents created by members of the intelligence community and military and presented to the president of the United States during his term in office were ‘purely private.’” [….]

Mr. Smith’s prosecutors told Judge Cannon in their filing on Tuesday that the Presidential Records Act had nothing to do with the case and that the entire notion of submitting jury instructions based on it rested on a “fundamentally flawed legal premise.”

Instead, they asked her to decide the validity of the Presidential Records Act defense in a different way: by rejecting Mr. Trump’s motion to dismiss the case based on the same argument. That motion has been sitting on her desk for almost six weeks.

The prosecutors want Judge Cannon to take that course of action, because any decision she makes on the motion to dismiss can be challenged in an appeals court. But if the case is allowed to reach the jury, any ruling she might make acquitting Mr. Trump cannot be appealed.

Read the rest at the NYT.

Marcy Wheeler puts it in plain language: Jack Smith to Aileen Cannon: Treating Non-Lawyer Tom Fitton’s Theories as Law Will Lead to Mandamus.

Both Trump and Jack Smith have responded to Aileen Cannon’s whack order to write proposed jury instructions as if the Presidential Records Act says something it doesn’t. Neither are all that happy about it.

Trump used his response to claim that having the jury assess whether Trump really did make these documents personal records rather than simply steal them would put them in the role that, he’s arguing, only a (former) President can be in.

Smith — as many predicted — spent much of the filing arguing that Cannon cannot leave this issue until jury instructions because it must have an opportunity to seek mandamus for such a clear legal error; they cite the 11th Circuit slapdown of Cannon’s last attempt to entertain this fantasy in support.

Along the way, though, Smith also did something I had hoped he would do: explain where, and when, Trump’s own whack theory came from in the first place.

It came from Tom Fitton’s Xitter propaganda in response to the public report, in February 2022, that Trump had returned documents, including classified ones. But even after Fitton first intervened, Trump’s handlers continued to treat any remaining classified documents as presidential records for months.

Read about Fitton’s half-baked “theory” at the link. As I understand it, madamus means that Smith would ask the appeals court to remove Cannon from the case and replace her.

Earlier yesterday, the Judge Juan Merchan, who is in charge of the New York criminal case against Trump for interfering in the 2016 election by paying off women he was sexually involved with, added family members to his gag order. The Guardian: Trump faces an expanded gag order. It won’t stop the death threats.

When Judge Juan Merchan issued a gag order last week to bar former president Donald Trump from attacking potential witnesses and others involved in his pending hush-money trial in New York, he left open a loophole that Trump jumped to exploit.

The former president immediately went on the attack against Merchan’s own daughter, falsely accusing her of posting social media content that called for Trump to be jailed.

Merchan’s original gag order had covered potential trial witnesses, jurors, district attorney Alvin Bragg’s staff and Merchan’s staff while excluding the prosecutor and the judge – but hadn’t explicitly included Merchan’s and Bragg’s family members.

Merchan responded by expanding the gag order on Monday to cover their families, writing that Trump’s attacks on his daughter were part of a broader pattern of attacking family members of the judges and attorneys involved in his cases that “serves no legitimate purpose. It merely injects fear in those assigned or called to participate in the proceedings, that not only they, but their family members as well, are ‘fair game’ for Defendant’s vitriol.”

Judge Juan Merchan

Judge Juan Merchan

That pattern has played out in case after case – and if the past is prologue, his supporters will take it one step further. When Trump attacks those involved in his cases, death threats soon follow.

Bragg, whom Trump has called an “animal” and “degenerate psychopath”, and Merchan, who he’s claimed “HATES ME”, have received death threats ever since the case began.

Read more at The Guardian.

Erica Orden and Meredith McGraw at Politico: ‘It’s clearly strategic’: Why Trump kept attacking judges’ families.

Every time prosecutors and judges tried to muzzle Donald Trump, he lashed out at their families.

In three different court cases over the past six months, judges imposed gag orders that restrained the former president from vilifying witnesses, court employees and others involved in the proceedings against him. In each case, Trump responded by verbally attacking not only the prosecutors and judges themselves, but also their family members.

“It’s clearly strategic,” said Ty Cobb, who served as a White House lawyer under Trump but has become a frequent critic of the former president.

“His attacks are designed around his traditional approach to delegitimizing the proceedings.” [….]

After Trump spent several days denigrating the adult daughter of Justice Juan Merchan, the judge overseeing Trump’s Manhattan criminal case, Merchan issued an expanded gag order barring Trump from attacking the judge’s own family. Merchan also expanded the gag to cover the family of the lead prosecutor, Manhattan District Attorney Alvin Bragg.

“The average observer, must now, after hearing Defendant’s recent attacks, draw the conclusion that if they become involved in these proceedings, even tangentially, they should worry not only for themselves, but for their loved ones as well,” Merchan wrote. “Such concerns will undoubtedly interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law itself.”

It’s not just the rule of law that’s under threat. Outside the courtroom, Trump’s judges have faced persistent threats to their personal safety, including “swatting” calls directed at their homes and a racist voicemail threatening murder.

In his latest fusillade on social media, unleashed within days of Merchan’s original gag order, Trump called Merchan’s daughter a “Rabid Trump Hater” due to her work at a digital marketing agency that has Democratic clients. And he claimed that she had used an image of Trump behind bars as a profile picture for a social media account, although a court official said she had abandoned and deleted that account, and that it had been taken over by someone else.

How can this horrible person actually have been president? And how can he be permitted to run again? And if he is elected in November the plan is for him to run again in 2028 (if we still have election then).

Lisa Needham at Public Notice: Project 2025 reveals its goal: Trump as president for life.

Project 2025, the Republican plan to functionally annihilate not just the federal government but democracy as well if Trump wins in November, is an unceasing parade of horrors.

Election 2024 Conservative Agenda

Kristen Eichamer holds a Project 2025 fan in the group’s tent at the Iowa State Fair, Aug. 14, 2023, in Des Moines, Iowa….AP Photo/Charlie Neibergall)

Banning the abortion pill nationwide? Check. Rolling back protections for LGBTQ people? Check. Deporting literally millions of undocumented immigrants? Check. But amid each objectively horrible aim is an even more more insidious one: abolishing the 22nd Amendment, which limits presidents to two terms. It’s an unvarnished, right-out-in-the-open plan to keep Trump in office well past 2028.

It’s not as if this is genuinely unexpected. By July 2019, Trump had “joked” at least six times about being president for life. Floating that as a possibility, as Peter Tonguette did last week over at The American Conservative, is a great opportunity to show fealty to a candidate who values loyalty over all else.

The American Conservative is a “partner” of Project 2025, along with such luminaries as Stephen Miller’s America First Legal law firm (currently suing everyone over the mildest of diversity efforts) and the Claremont Institute, which gave us Christopher Rufo and Moms for Liberty.

As Media Matters notes, the reasoning in Tonguette’s piece is dubious at best, but that doesn’t really matter. Project 2025 doesn’t rest on solid law, respect for democracy, or an understanding of history. It rests only on the notion that Trump should be allowed to exhibit raw, vicious, and unchecked power.

Read the rest at the link.

At least one family pushed back on Trump’s lies yesterday. In a speech in Michigan yesterday, Trump talked about Ruby Garcia, a woman who was murdered allegedly by an undocumented immigrant.

The Washington Post: Trump said he spoke to murder victim’s family. The victim’s sister said it never happened.

GRAND RAPIDS, Mich. — Donald Trump used his campaign event in Michigan on Tuesday to denounce what he called “Biden’s border bloodbath,” zeroing in on the case of a young woman killed by someone immigration officials say had entered the country illegally.

“She lit up that room, and I’ve heard that from so many people,” Trump said at a news conference in the hometown of the 25-year-old victim, Ruby Garcia. “I spoke to some of her family.”

But Garcia’s sister, acting as a family spokeswoman, said Tuesday that Trump and his campaign have not contacted her or other immediate relatives — and rebuked the GOP presidential nominee’s effort to make the case part of his calls for a border crackdown.

“It’s always been about illegal immigrants,” the victim’s sister, Mavi Garcia, told local news station Target 8. “Nobody really speaks about when Americans do heinous crimes, and it’s kind of shocking why he would just bring up illegals. What about Americans who do heinous crimes like that?”

The Trump campaign did not comment Tuesday, andTrump did not mention speaking with Garcia’s family at a Wisconsin rally later Tuesday. Mavi Garcia confirmed to The Washington Post that Trump and his campaign never spoke with the family.

That’s all the news I have for you today. What do you think? What other stories have captured your interest?


Lazy Caturday Reads: Something Has to be Done about Trump’s Violent Threats.

Good Afternoon!!

Erica Oller

By Erica Oller

For the past couple of days, social media has been focused on a shocking video that Trump posted on Truth Social, in which President Biden was depicted in the back of a pickup truck with his hands and feet bound as if he had been kidnapped.

This is nothing new for Trump. He routinely threatens judges and their families, immigrants, Democrats, even fellow Republicans who dare to cross him. This man is out on bail in four separate cases. Why is he permitted to keep issuing threats against anyone he perceives as an enemy?

Imagine if you were a witness in one the cases against him. How would you feel about testifying when you know that Trump can and will get his followers to threaten you and perhaps even hurt or kill you? After all, he instigated an attack on the U.S. Capitol during which police officers were killed and badly injured.

Joyce Vance says it better than I can. From Civil Discourse: We Need to Talk About This.

Today’s widely discussed Trump post on Truth Social isn’t just another instance of bad behavior. It’s not just a shrug of the shoulders and a resigned sigh of, “What are you going to do?” Far too often, people resignedly accept Trump’s behavior because they believe there’s no alternative. The zeitgeist is: We can’t make him stop, can we?

Here’s Trump’s Truth Social post. It’s a video, and although I hate to send you to Truth Social, you can watch the whole thing here. Or read on for my description. What you need to know is that this is unprecedented and out of bounds. If you or I did this, the Secret Service would be on our doorstep within hours.

Donald Trump, by the way, is out on bond ahead of trial in four separate criminal cases. Today, he threatened the President of the United States. It’s time for the people with authority to do so to deal with him. Sure, he’s the Republican Party’s presidential candidate, but they won’t reign him in. And someone is going to get hurt if he isn’t….

I know from experience as a prosecutor how seriously the Secret Service takes every single threat, or anything close to a threat, made against the President of the United States. They take it seriously even when it looks like the person making it lacks any capacity to carry it out. They always check. They always have the talk.

Donald Trump is different from the person who makes a bad joke or an evil suggestion they don’t have the power to follow through on. We know, and more importantly, he knows, how his followers react when he suggests violence. It’s unthinkable, unconscionable for a former president to even intimate that violence against the current president is acceptable. I cannot imagine George W. Bush even joking about something like this when Barack Obama was in the White House, or Obama suggesting Trump should be kidnapped and trussed up in the back of a truck.

Trump is totally, and uniquely among our former presidents, out of bounds. It’s time to stop letting him break the rules. We’re entitled to more, not less, accountability from our presidents than from average citizens.

No one is saying Trump can’t campaign or that he can’t criticize Biden. What he can’t do is suggest he should be kidnapped, knocked out, and bound in the back of a pickup truck. I can’t believe that I have to write that out—there is no universe in which that’s acceptable.

As Vance writes, the justice system has ways to deal with this kind of behavior, so why is Trump still free to threaten his “enemies?” He should be in jail right now.

By Leny_art at Deviant Art

By Leny_art at Deviant Art

The Washington Post published a somewhat mealy-mouthed piece about this by Azi Paybarah that includes Trump’s excuses: Donald Trump shares image of Joe Biden with hands and feet tied.

Steven Cheung, a spokesman for Trump’s campaign, sent a lengthy statement distancing the campaign from the image, and accusing Democrats of using violent rhetoric against Trump.

“That picture was on the back of a pick up truck that was traveling down the highway,” Cheung said in the statement. “Democrats and crazed lunatics have not only called for despicable violence against President Trump and his family, they are actually weaponizing the justice system against him.”

The message remained live on Trump’s feed late Friday night.

Among the examples Cheung cited in his statement were Sen. Tim Kaine (D-Va.) saying in 2017 “What we’ve got to do is fight in Congress, fight in the courts, fight in the streets, fight online, fight at the ballot box …” Cheung also cited Biden’s 2018 comment, when he said, “If we were in high school, I’d take him [Trump] behind the gym and beat the hell out of him.”

Paybarah also includes other examples of Trump attacking Biden and others with violent imagery:

In October, Trump shared a doctored video of him hitting a golf ball that hits Biden and knocks him down. (It was similar to a doctored video he shared in 2017, hitting a golf ball into the back of Hillary Clinton, who falls down as a result.) In April 2023, a judge issued a warning to Trump after an image of him holding a bat next to an image of Manhattan District Attorney Alvin Bragg (D) was shared from one of the former president’s verified accounts.

In July 2017, Trump shared a video of himself at a professional wrestling match, beating up a man whose face is covered with the CNN logo. The verified account for CNN’s communication team responded to the video with a quote from Trump’s White House spokeswoman at the time, Sarah Huckabee Sanders, falsely claiming Trump “in no way form or fashion has ever promoted or encouraged violence.”

Earlier this month, Trump told supporters in Ohio that some immigrants who are accused of crimes are “not people,” and warned it will be a “bloodbath for the country” if he is not elected.

The latest episode has coincided with Trump’s increasing use of violent and hostile rhetoric as he seeks to return to the White House. In December, he told people in New Hampshire that immigrants were “poisoning the blood of our country” — a phrase that immigrant groups and civil rights advocates condemned and said was reminiscent of Hitler telling Germans, in his book “Mein Kampf,” to “care for the purity of their own blood” by eliminating Jews.

On Thursday night, Reggie Walton, a sitting federal judge, appeared on CNN to denounce Trump’s violent threats. Shania Shelton and Rachard Rose at CNN: Federal judge warns of Trump’s attacks in extraordinary rebuke.

US District Judge Reggie Walton spoke with CNN’s Kaitlan Collins on “The Source” in the wake of Trump’s attacks on Judge Juan Merchan, which helped prompt the New York judge to issue a gag order on the former president earlier this week. It is unusual for federal judges to speak publicly, especially about specific political or legal situations.

Adrie Martens

By Adrie Martens

“It’s very disconcerting to have someone making comments about a judge, and it’s particularly problematic when those comments are in the form of a threat, especially if they’re directed at one’s family,” said Walton, who has also faced threats, as has his daughter. “We do these jobs because we’re committed to the rule of law and we believe in the rule of law, and the rule of law can only function effectively when we have judges who are prepared to carry out their duties without the threat of potential physical harm.”

“I think it’s important in order to preserve our democracy that we maintain the rule of law,” Walton said in the interview. “And the rule of law can only be maintained if we have independent judicial officers who are able to do their job and ensure that the laws are, in fact, enforced and that the laws are applied equally to everybody who appears in our courthouse.”

“I think it’s important that, as judges, we speak out and say things in reference to things that conceivably are going to impact on the process, because if we don’t have a viable court system that’s able to function efficiently, then we have tyranny. And I don’t think that would be good for the future of our country, and the future of democracy in our country,” he continued.

This is by Spencer S. Hsu at The Washington Post: Republican-appointed judges raise alarm over Trump attacks on law.

A Republican-appointed judge denounced Donald Trump’s social media attacks against the judge presiding over the former president’s hush money trial in Manhattan and his daughter, calling them assaults on the rule of law that could lead to violence and tyranny.

“When judges are threatened, and particularly when their family is threatened, it’s something that’s wrong and should not happen,” U.S. District Judge Reggie B. Walton, told CNN’s Kaitlan Collins in a live interview Thursday. He added, “It is very troubling because I think it is an attack on the rule of law.”

The unusual media statement by a sitting federal judge came after Trump blasted New York Supreme Court Justice Juan Merchan and his daughter, Loren Merchan, criticizing her affiliation with a digital marketing company that works with Democratic candidates and erroneously attributing to her a social media post showing Trump behind bars.

Walton, who was appointed by presidents Ronald Reagan and George W. Bush to courts in Washington in 1981 and 1991, said “any reasonable, thinking person” would appreciate the impact of Trump’s rhetoric on some followers, intentional or not. The judge recalled how a disgruntled litigant killed the son and wounded the husband of New Jersey federal Judge Esther Salas at her home in a 2020 shooting.

Rita Cardelli

By Rita Cardelli

Since late 2020, as Trump began escalating his attacks on the judiciary, serious investigated threats against federal judges have more than doubled, from 224 in 2021 to 457 in 2023, according to the U.S. Marshals Service, as first reported by Reuters. Federal judges in Washington say at least half of trial judges handling cases arising from the Jan. 6, 2021, attack on the Capitol have received a surge in threats and harassment, including death threats to their homes, with Trump’s election obstruction trial judge, Tanya S. Chutkan, placed under 24-hour protection.

“The rule of rule of law can only be maintained if we have independent judicial officers who are able to do their job and ensure that the laws are in fact enforced and that the laws are applied equally to everybody who appears in our courthouse,” Walton told CNN. He was prompted to speak out of concern for the “future of our country and the future of democracy in our country,” Walton said, “because if we don’t have a viable court system that’s able to function efficiently, then we have tyranny.”

Other judges have also spoken out.

Walton’s remarks came as several federal judges in Washington appointed by Republican presidents have spoken with increasing urgency about Trump’s disregard for historical facts and alarmed at his increasingly graphic and at times violent description of defendants prosecuted in the Jan. 6 riot as “political prisoners” and “hostages” who did nothing wrong….

“In my 37 years on the bench, I cannot recall a time when such meritless justifications of criminal activity have gone mainstream,” U.S. District Judge Royce C. Lamberth said in a January sentencing. “I have been dismayed to see distortions and outright falsehoods seep into the public consciousness.”

U.S. District Judge Thomas F. Hogan similarly told a group of Georgetown Law School students in January that false claims that riot defendants were acting like tourists or patriots were destructive rewriting of reality. “There’s a danger that is embedded now in our communities across the country,” Hogan said.

“And we have to wonder where this is going to end up if that’s part of our history, this fraudulent story” by Trump that the 2020 election was stolen. Hogan spoke shortly after his retirement after completing 40 years on the bench and sentencing 26 Jan. 6 riot defendants.

Hogan and Lamberth were both appointed by Reagan, and both served as chief judges of the U.S. District Court in Washington, where judges have presided over more than 1,350 prosecutions for the riot that resulted after Trump urged his supporters to march to the Capitol where Congress was certifying the results of the 2020 election.

From HuffPost: Ex-Federal Judge Blasts Judiciary And Entire Nation For Not Calling Out Trump More.

Former federal judge J. Michael Luttig on Friday blasted former President Donald Trump for his repeated attacks on the nation’s judicial system, calling on leaders in both the state and federal courts — alongside all Americans — to do more about it.

Irina Babichenko

By Irina Babichenko

“Never in American history has any person, let alone a President of the United States, leveled such threatening attacks against the federal and state courts and federal and state judicial officers of the kind the former president has leveled continually now for years,” Luttig said on X, the platform formerly known as Twitter.

“But suffice it to say, never in history has any person leveled such attacks and been met with such passivity, acquiescence, and submissiveness by the nation,” he continued.

Luttig, a Republican, was appointed to the U.S. Court of Appeals for the 4th Circuit by President George H.W. Bush in 1991, and he served until 2006, when he left for a higher-paid position with Boeing. He currently works for Coca-Cola.

He said in the post that it is the Supreme Court’s “responsibility” to “protect the federal courts, the federal judges, and all participants in the justice system,” adding that the same was true for the state courts.

Luttig praised U.S. District Judge Reggie Walton for going to CNN with his concerns this week. Walton, whose court is in the District of Columbia, criticized Trump in an interview Thursday. Sitting judges typically do not grant interviews to the media.

Trump’s attacks, Luttig said, amounted to a “reprehensible spectacle.”

“Ultimately, however, it is the responsibility of the entire nation to protect its courts and judges, its Constitution, its Rule of Law, and America’s Democracy from vicious attack, threat, undermine, and deliberate delegitimization at the hands of anyone so determined,” he concluded.

This from a tweet by Ruth Ben-Ghiat, an expert on authoritarian leaders and author of the book, “Strongmen.”

Wake up people. This is an emergency. This is what authoritarian thugs and terrorists do. Trump is targeting the President of the United States.

Something has to be done.

I’m going to end there. What do you think about all this? What other stories have captured your interest?