Trump’s lawyer told the justices that the founders had “in a sense” written immunity into the Constitution because it’s a logical outgrowth of a broadly worded clause about presidential power. But that’s the sort of argument conservative justices have often scoffed at — most notably in the context of abortion rights.
Funereal Friday Reads: Life as a Dank Meme
Posted: April 26, 2024 Filed under: just because | Tags: "presidential immunity", @repeat1968, Emergency Pregnancy Health Care, John Buss, SCOTUS, The Caravan of Fools, The Evil Twins: Donald and Alito 9 Comments
The Supreme Court hears arguments on Trump’s immunity claim, John Buss, @repeat1968.
Good Day, Sky Dancers!
I got the cutest picture of the granddaughters today. The girls were smiling and looking at each other with adoration. Both were pretty in pink. All I can think of is what kind of country they may inherit.
I watched and listened to trials and hearings that were so surreal that I was pretty sure we’d entered the Evil Spock Timeline. I remember when the Supreme Court protected everyone’s rights. Now, rights are confined to those who brought the men there and paid for their holidays. It was like watching a Skeleton Dance. Not one TV Lawyer could find anything constitutional about the show they put on yesterday. We all laughed at him when he said,‘ I Could … Shoot Somebody, And I Wouldn’t Lose Any Voters’ Evidently, he can do worse than that, and the Supreme Court would make up something to cover his farty, diapered ass.
This is a must-read from Slate: “The Last Thing This Supreme Court Could Do to Shock Us There will be no more self-soothing after this.” This is written by Dahlia Lithwick and Mark Joseph Stern.
For three long years, Supreme Court watchers mollified themselves (and others) with vague promises that when the rubber hit the road, even the ultraconservative Federalist Society justices of the Roberts court would put democracy before party whenever they were finally confronted with the legal effort to hold Donald Trump accountable for Jan. 6. There were promising signs: They had, after all, refused to wade into the Trumpian efforts to set aside the election results in 2020. They had, after all, hewed to a kind of sanity in batting away Trumpist claims about presidential records (with the lone exception of Clarence Thomas, too long marinated in the Ginni-scented Kool-Aid to be capable of surprising us, but he was just one vote). We promised ourselves that there would be cool heads and grand bargains and that even though the court might sometimes help Trump in small ways, it would privilege the country in the end. We kept thinking that at least for Justices Brett Kavanaugh and Neil Gorsuch and Chief Justice John Roberts, the voice of reasoned never-Trumpers might still penetrate the Fox News fog. We told ourselves that at least six justices, and maybe even seven, of the most MAGA-friendly court in history would still want to ensure that this November’s elections would not be the last in history. Political hacks they may be, but they were not lawless ones.
For three long years, Supreme Court watchers mollified themselves (and others) with vague promises that when the rubber hit the road, even the ultraconservative Federalist Society justices of the Roberts court would put democracy before party whenever they were finally confronted with the legal effort to hold Donald Trump accountable for Jan. 6. There were promising signs: They had, after all, refused to wade into the Trumpian efforts to set aside the election results in 2020. They had, after all, hewed to a kind of sanity in batting away Trumpist claims about presidential records (with the lone exception of Clarence Thomas, too long marinated in the Ginni-scented Kool-Aid to be capable of surprising us, but he was just one vote). We promised ourselves that there would be cool heads and grand bargains and that even though the court might sometimes help Trump in small ways, it would privilege the country in the end. We kept thinking that at least for Justices Brett Kavanaugh and Neil Gorsuch and Chief Justice John Roberts, the voice of reasoned never-Trumpers might still penetrate the Fox News fog. We told ourselves that at least six justices, and maybe even seven, of the most MAGA-friendly court in history would still want to ensure that this November’s elections would not be the last in history. Political hacks they may be, but they were not lawless ones.
On Thursday, during oral arguments in Trump v. United States, the Republican-appointed justices shattered those illusions. This was the case we had been waiting for, and all was made clear—brutally so. These justices donned the attitude of cynical partisans, repeatedly lending legitimacy to the former president’s outrageous claims of immunity from criminal prosecution. To at least five of the conservatives, the real threat to democracy wasn’t Trump’s attempt to overturn the election—but the Justice Department’s efforts to prosecute him for the act. These justices fear that it is Trump’s prosecution for election subversion that will “destabilize” democracy, requiring them to read a brand-new principle of presidential immunity into a Constitution that guarantees nothing of the sort. They evinced virtually no concern for our ability to continue holding free and fair elections that culminate in a peaceful transfer of power. They instead offered endless solicitude for the former president who fought that transfer of power.
However the court disposes of Trump v. U.S., the result will almost certainly be precisely what the former president craves: more delays, more hearings, more appeals—more of everything but justice. This was not a legitimate claim from the start, but a wild attempt by Trump’s attorneys to use his former role as chief executive of the United States to shield himself from the consequences of trying to turn the presidency into a dictatorship. After so much speculation that these reasonable, rational jurists would surely dispose of this ridiculous case quickly and easily, Thursday delivered a morass of bad-faith hand-wringing on the right about the apparently unbearable possibility that a president might no longer be allowed to wield his powers of office in pursuit of illegal ends. Just as bad, we heard a constant minimization of Jan. 6, for the second week in a row, as if the insurrection were ancient history, and history that has since been dramatically overblown, presumably for Democrats’ partisan aims.
All this with the husband of an insurrectionist sitting on the bench. I heard Nicole Wallace give the best explanation of anything I’ve heard on why these men act out their grievances in court decisions last night. Two of the guys that sit on the bench are sex pests and were publicly shown to be so. Alito is just perpetually mad at everything but mostly at being branded a bigot because he has issues with women and gay people. His hateful take on religion basically focuses on controlling the objects of his hatred. Protecting his religious practice means he should get away with whatever. Nicole Wallace argued that they love Trump because they are all angry and aggrieved. They identify with Trump because they feel they’re in a similar situation. Civil rights are all about not letting white boys be white boys. They all want absolute immunity. We have to rely on Amy and John to be reasonable. Amy’s line of questions actually gave me a bit of hope.
It’s a weird timeline for me to quote Bill Kristol and Andrew Egger. This is from the Bulwark. “ Trump Melts Institutions, SCOTUS Edition. The Supreme Court’s no-win situation and the healthy liberalism we need.”
… reading the tea leaves of oral arguments is always an exercise in guesswork. Hopefully SCOTUS won’t be long in unveiling their opinion on the matter.
But one other thing is worth saying: It’s completely understandable that so many people’s first instinct was to roll their eyes at the Court’s apparent interest in using this case to trace out the complex contours of any newly explicit presidential right to official-act immunity—given the remarkable hubris of Trump’s bringing those arguments in the first place.
After all, here’s a guy who, during his second impeachment, explicitly arguedthat prosecuting an ex-president was the role of the criminal courts: “a president who left office is not in any way above the law,” his lawyers argued, “as the Constitution states he or she is like any other citizen and can be tried in a court of law.”
Now Trump articulates just the opposite position: No act that is “official” in form—which, his lawyers have had to admit during arguments, would include such acts as ordering the military to carry out a coup—can be criminally prosecuted after he leaves office unless he was first convicted in an impeachment trial for that conduct. How any president enjoying such expansive power could ever be impeached by a Congress he could apparently order murdered without consequence remains unclear.
It’s a ridiculous exercise, a transparent stalling tactic. For Team Trump, just getting the argument in front of SCOTUS was a victory in and of itself, further diminishing the odds of a jury getting to rule on Trump’s stolen-election charges before the November election. “Literally popping champagne right now,” one lawyer close to Trump told Rolling Stonewhen the court announced it would consider the immunity claim in February. This week, RS quoted another Trump source that it hardly matters what the court does now: “We already pulled off the heist.”
At the same time, no matter how transparent Trump’s run-out-the-clock motivations in bringing the petition to the Court, it’s true that the claims of presidential immunity at hand have never been litigated. The justices are highly unlikely to endorse Trump’s theory that every presidential act that is official “in form” is exempt from prosecution—but are some presidential acts immune? What is the line between a president acting in his capacity as president and acting in his capacity as a candidate or private citizen? And could it be true—as Trump’s lawyers have argued—that opening up too broad a swath of presidential actions to post-presidency prosecution could hamper a president’s ability to run the country effectively?
Evidently, Kavanaugh’s love of beer causes him to be delusional and totally out of it.
One last SCOTUS send-up and I’m changing the topic. This is from Adam Sewer, who is writing for The New Republic. ” The Trumpification of the Supreme Court. The conservative justices have shown they are ready to sacrifice any law or principle to save the former president.”
The notion that Donald Trump’s supporters believe that he should be able to overthrow the government and get away with it sounds like hyperbole, an absurd and uncharitable caricature of conservative thought. Except that is exactly what Trump’s attorney D. John Sauer argued before the Supreme Court yesterday, taking the position that former presidents have “absolute immunity” for so-called official acts they take in office.
“How about if a president orders the military to stage a coup?” Justice Elena Kagan asked Sauer. “I think it would depend on the circumstances whether it was an official act,” Sauer said after a brief exchange. “If it were an official act … he would have to be impeached and convicted.”
“That sure sounds bad, doesn’t it?” Kagan replied later.
The Democratic appointees on the bench sought to illustrate the inherent absurdity of this argument with other scenarios as well—Kagan got Sauer to admit that the president could share nuclear secrets, while Justice Sonia Sotomayor presented a scenario in which a president orders the military to assassinate a political rival. Sauer said that might qualify as an official act too. It was the only way to maintain the logic of his argument, which is that Trump is above the law
This Mike Luchovich cartoon is brutal and true. I am shifting to the other SCOTUS shit show this week. CNN has “Takeaways from the Supreme Court’s oral arguments over emergency abortions.” Again, thank goodness my youngest daughter is in Denver. Who knows what her outcome may have been? Dr. Daughter is getting more colleagues in Washington State because of Idaho. Pregnant women are gestational containers there. This analysis was provided by Tierney Sneed and John Fritze.
In a Supreme Court hearing on the Biden administration’s challenge to aspects of Idaho’s strict abortion ban, US Solicitor General Elizabeth Prelogar sought to appeal to conservative justices who just two years ago ruled that states should have the ability to prohibit the procedure.
The dispute, stemming from the Justice Department’s marquee response to the high court’s reversal of Roe v. Wade in 2022, turns on whether federal mandates for hospital emergency room care override abortion bans that do not exempt situations where a woman’s health is in danger but her life is not yet threatened.
To prevail, the Biden administration will need the votes of two members of the court’s conservative bloc, and with Justice Brett Kavanaugh signaling sympathies toward Idaho, the case will likely come down to the votes of Chief Justice John Roberts and Amy Coney Barrett. The two justices had tough questions for both sides of the case.
The court’s far-right wing, perhaps in an attempt to keep those two justices on their side, framed the case as a federal overreach into state power. The court’s liberals, meanwhile, focused on the grisly details of medical emergencies faced by pregnant woman that were not covered by the limited life-of-the-woman exemption in Idaho’s ban.
So, back to Pecker and the man who has to pay for sex coming and going. There’s been a whole of objecting accompanied by “sustained.”
More will be coming once the print journalists get their stories in. I wish I could be Pollyanna and play the glad game, but I can only come up with the bad news. We get to see this continually, which is also the thing I’m glad about. I m feel like a total masochist every time I turn the TV on or read a magazine article, but just think how awful it would be if we didn’t know about this. I’m not sure what will become of Donald, but I’m certain that we still have time to make certain he doesn’t get back into the White House. We have time to stop the MAGAdons that want to clone that agenda into every state and the U.S. Congress. We’ll see and read nothing else but propaganda if we don’t stop them now.
What’s on your reading and blogging list today?
Guess who John Prine wrote this about?
Wednesday Reads
Posted: April 24, 2024 Filed under: "presidential immunity", 2024 presidential Campaign, abortion rights, Corrupt and Political SCOTUS, Donald Trump, Joe Biden, SCOTUS | Tags: Alvin Bragg, David Pecker, gag order, House Speaker Mike Johnson, Judge Juan Merchan, Manhattan hush money trial, National Enquirer, Ted Cruz, Ukraine aid 3 Comments
By Gabriele Münter
Good Morning!!
Yesterday was the second day of Trump’s Manhattan trial for a plot to interfere with the 2016 election by covering up payoffs to extramarital sexual partners and planting fake stories in the National Enquirer.
It was also the second day of testimony by David Pecker, former CEO of American Media, which owned the Enquirer and many other publications. Pecker, Trump, and his lawyer/fixer Michael Cohen orchestrated the fake news operation.
Before the trial resumed, Judge Juan Merchan held a hearing about whether Trump had already violated the terms of his gag order.
A wrap-up of yesterday’s court business at The Washington Post: A secret pact at Trump Tower helped kill bad stories in 2016.
Donald Trump’s 2016 presidential campaign was repeatedly aided by the National Enquirer, which squelched potentially damaging stories about him and pumped out articles pummeling his rivals, the former boss of the supermarket tabloid testified Tuesday during the ex-president’s trial on charges of falsifying business records.
Yesterday, Trump claimed that thousands of his supporters who wanted to protest his trial outside the courthouse were turned away by police. That just didn’t happen, and he’s frustrated about it.
Amanda Marcotte at Salon: Trump keeps begging for a “rally behind MAGA” — but his supporters aren’t showing up to court.
Donald Trump can’t decide how he wants his supporters to feel about the scene outside of the Manhattan courtroom where he’s being tried on 34 felony indictments for election interference and business fraud. He repeatedly argues that the city he travels through in a daily motorcade to his trial is a war zone. “Violent criminals that are murdering people, killing people” are free to “do whatever they want,” he’s falsely claimed, blasting District Attorney Alvin Bragg as “lazy on violent crime” because he’s supposedly too focused on prosecuting Trump.
By Gary Kim
It’s all a lie — crime is way down from the pandemic-related spikes — but it’s one Trump repeats ad nauseam. And it’s constantly reinforced by Fox News, which pushes out a series of misleading stories and images meant to scare their elderly suburbanite audiences into believing that going into the nation’s largest city results in instant murder. Nonetheless, Trump keeps pleading with his followers to run through what they’ve been told is a “bloodbath” in order to, you know, persuade Bragg and presiding Judge Juan Merchan to just give up on this whole trial nonsense.
On Monday, Trump begged his followers on Truth Social to “RALLY BEHIND MAGA” at courthouses, unsubtly suggesting that they model themselves after the mostly imaginary leftist rioters who “scream, shout, sit, block traffic, enter buildings, not get permits, and basically do whatever they want.” When the MAGA hats failed to show, Trump tried to inspire them with a post complaining that it’s “SO UNFAIR!!!” that he doesn’t get throngs of people like the kind seen at the antiwar protest a few miles north at Columbia University. Other than a few scattered people with pro-Trump signs, the mob he longed for never showed. So he took his pleas to the cameras outside the courthouse Tuesday morning:
WordPress won’t let me post the video, but you can see it at the Salon link.
What’s especially funny about all this is that Trump can’t quite admit that his people just aren’t showing up, and keeps on blaming the barricades and the cops. His lies got to the level of childish make-believe on Tuesday afternoon, as he falsely claimed on Truth Social that “Thousands of people were turned away from the Courthouse” while denying that he was “disappointed by the crowds.” Of course, by fantasizing about a massive caravan rallied to his defense, he proved he is not satisfied with reality.
As the New York Times reported, “A day after Trump issued a call for more supporters to gather outside the Manhattan Criminal Courthouse, the number reached its nadir. The number of identifiable Trump fans across the street in Collect Pond Park on Tuesday sank to the mid-single digits, after hovering at about a dozen for a week”
How can this childish man actually have a chance to be POTUS again?
One more article on the Manhattan trial–an opinion piece by Jed Handelsman Shugerman at The New York Times: I Thought the Bragg Case Against Trump Was a Legal Embarrassment. Now I Think It’s a Historic Mistake.
About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and called it an embarrassment. I thought an array of legal problems would and should lead to long delays in federal courts.
After listening to Monday’s opening statement by prosecutors, I still think the Manhattan D.A. has made a historic mistake. Their vague allegation about “a criminal scheme to corrupt the 2016 presidential election” has me more concerned than ever about their unprecedented use of state law and their persistent avoidance of specifying an election crime or a valid theory of fraud.
To recap: Mr. Trump is accused in the case of falsifying business records. Those are misdemeanor charges. To elevate it to a criminal case, Mr. Bragg and his team have pointed to potential violations of federal election law and state tax fraud. They also cite state election law, but state statutory definitions of “public office” seem to limit those statutes to state and local races.
Both the misdemeanor and felony charges require that the defendant made the false record with “intent to defraud.” A year ago, I wondered how entirely internal business records (the daily ledger, pay stubs and invoices) could be the basis of any fraud if they are not shared with anyone outside the business. I suggested that the real fraud was Mr. Trump’s filing an (allegedly) false report to the Federal Election Commission, and only federal prosecutors had jurisdiction over that filing.
A recent conversation with Jeffrey Cohen, a friend, Boston College law professor and former prosecutor, made me think that the case could turn out to be more legitimate than I had originally thought. The reason has to do with those allegedly falsified business records: Most of them were entered in early 2017, generally before Mr. Trump filed his Federal Election Commission report that summer. Mr. Trump may have foreseen an investigation into his campaign, leading to its financial records. Mr. Trump may have falsely recorded these internal records before the F.E.C. filing as consciously part of the same fraud: to create a consistent paper trail and to hide intent to violate federal election laws, or defraud the F.E.C.
In short: It’s not the crime; it’s the cover-up.
Looking at the case in this way might address concerns about state jurisdiction. In this scenario, Mr. Trump arguably intended to deceive state investigators, too. State investigators could find these inconsistencies and alert federal agencies. Prosecutors could argue that New York State agencies have an interest in detecting conspiracies to defraud federal entities; they might also have a plausible answer to significant questions about whether New York State has jurisdiction or whether this stretch of a state business filing law is pre-empted by federal law.
Shugerman didn’t address the fake news operation with the Enquirer.

Henry Woods, El velo de la primera comunión (1893)
In other news, the Senate passed the bill with aid to Ukraine, and Biden will sign it today.
The New York Times: Biden to Sign Aid Package for Ukraine and Israel.
President Biden was set to sign a $95.3 billion package of aid to Ukraine, Israel and Taiwan on Wednesday, reaffirming U.S. support for Kyiv in the fight against Russia’s military assault after months of congressional gridlock put the centerpiece of the White House’s foreign policy in jeopardy.
The Senate voted overwhelmingly to approve the package on Tuesday night, a sign of bipartisan support after increasingly divisive politics raised questions on Capitol Hill and among U.S. allies over whether the United States would continue to back Kyiv. The 79-to-18 vote provided Mr. Biden another legislative accomplishment to point to, even in the face of an obstructionist House.
“Congress has passed my legislation to strengthen our national security and send a message to the world about the power of American leadership: We stand resolutely for democracy and freedom, and against tyranny and oppression,” Mr. Biden said on Tuesday evening, just minutes after the Senate vote.
He said he would sign the bill into law and address the American people on Wednesday “so we can begin sending weapons and equipment to Ukraine this week.”
The White House first sent a request for the security package in October, and officials have bluntly acknowledged that the six-month delay put Ukraine at a disadvantage in its fight against Russia.
“The Russians have slowly but successfully taken more ground from the Ukrainians and pushed them back against their first, second and, in some places, their third line of defense,” John F. Kirby, a spokesman for Mr. Biden’s National Security Council, said on Tuesday on Air Force One. “The short answer is: Yes, there absolutely has been damage in the last several months.”
Arlette Saenz at CNN: How the White House convinced Mike Johnson to back Ukraine aid.
The Senate’s vote on Tuesday to approve new aid for Ukraine capped off six months of public pressure and private overtures by the White House to build support, including the not-insignificant task of winning over House Speaker Mike Johnson.
For months, President Joe Biden and his team pressed the case for additional aid both publicly and privately, leaning into courting Johnson – whose young speakership was under pressure from his right flank – behind the scenes through White House meetings, phone calls and detailed briefings on the battlefield impacts, administration officials said.
Grappling with the leadership dynamics in a House GOP conference increasingly resistant to more aid, Biden directed his team to use every opportunity possible to lay out the consequences of inaction directly to Johnson. That included warnings of what it would mean not just for Ukraine, but also Europe and the US, if Russian President Vladimir Putin were to succeed, administration officials said.
The president specifically urged his team to lean into providing a full intelligence picture of Ukraine’s battlefield situation in their conversations with the speaker and his staff as well as discussing the national security implications for the US, officials said. That push played out over the next six months – starting with a Situation Room briefing one day after Johnson became speaker.
National security adviser Jake Sullivan and Office of Management and Budget Director Shalanda Young briefed the speaker and other key lawmakers on how aid for Ukraine was running out, putting the country’s efforts to fight off Russia in jeopardy. Biden stopped by the meeting and met with Johnson on the side to convey a similar message. Sullivan followed up four days later with a call to Johnson to highlight the measures in place to track aid in Ukraine.
But Johnson quickly made clear aid for Ukraine and Israel would need to be separated – an approach the White House opposed and one that would be tested time and time again in the coming months.
The ordeal ended on Tuesday when the Senate passed the $95 billion foreign aid package, with nearly $61 billion for Ukraine, marking a long-sought foreign policy win for Biden, who has spent the past two years rallying Western support for the war-torn country in its fight against Russia. At the same time, the president has been grappling with his own battle back home to get more aid approved amid resistance from some Republicans. The White House has said he will sign that legislation – which also provides over $26 billion for Israel and humanitarian assistance and more than $8 billion for the Indo-Pacific, including Taiwan – as soon as possible.
Read more details at CNN.
While Trump has been dozing off in court in New York, President Biden has been campaigning, most recently in Florida.
HuffPost: Biden To Florida Voters: Six-Week Abortion Ban Is Trump’s Fault.
President Joe Biden swooped into Florida Tuesday, hoping to parlay the state’s new restrictive abortion law — as well as a ballot initiative that could undo it — into a campaign issue that could give him the state’s trove of electoral votes come November, effectively locking up his reelection.
“There’s one person responsible for this nightmare, and he acknowledges it and he brags about it: Donald Trump,” Biden told a boisterous crowd in a gym at Hillsborough Community College in Tampa.
He attacked Florida’s six-week abortion ban — approved in the wake of the Supreme Court’s 2022 decision overturning Roe v. Wade and ending a national right to abortion — and reminded voters that it was the coup-attempting former president’s three appointees to the high court that paved the way.
“It was Donald Trump who ripped away the rights and freedom of women in America,” he said. “We’ll teach Donald Trump and extreme MAGA Republicans a valuable lesson: Don’t mess with the women of America.”
Political consultants from both parties, while skeptical that Biden will actually win Florida, agree that forcing Trump on the defensive in a state he cannot afford to lose and which he only won by three percentage points in 2020 is a smart move.
“I don’t think he’d be in Tampa today if they didn’t see it as good place to make a contrast,” said Steve Schale, who ran former President Barack Obama’s successful Florida campaign operation in both 2008 and 2012. “There’s nothing more valuable, particularly for an incumbent, than a candidate’s time.”

David Hockney, NIchols Canyon, Hollywood HIlls
Just one more story–an op-ed by Melissa Murray and Andrew Weissmann in The New York Times on the Supreme Court’s upcoming hearing on Trump’s claim of “presidential immunity.”
The Supreme Court Has Already Botched the Trump Immunity Case.
The Supreme Court’s decision to hear oral arguments in Donald Trump’s immunity-appeal case on Thursday may appear to advance the rule of law. After all, few, if anyone, thinks that a majority of the court will conclude that a former president is completely immune from federal criminal liability.
But the court’s decision to review the immunity case actually undermines core democratic values.
The Supreme Court often has an institutional interest in cases of presidential power. But the court’s insistence on putting its own stamp on this case — despite the widespread assumption that it will not change the application of immunity to this case and the sluggish pace chosen to hear it — means that it will have needlessly delayed legal accountability for no justifiable reason. Even if the Supreme Court eventually does affirm that no person, not even a president, is above the law and immune from criminal liability, its actions will not amount to a victory for the rule of law and may be corrosive to the democratic values for which the United States should be known.
That is because the court’s delay may have stripped citizens of the criminal justice system’s most effective mechanism for determining disputed facts: a trial before a judge and a jury, where the law and the facts can be weighed and resolved.
It is this forum — and the resolution it provides — that Mr. Trump seeks, at all costs, to avoid. It is not surprising that he loudly proclaims his innocence in the court of public opinion. What is surprising is that the nation’s highest court has interjected itself in a way that facilitates his efforts to avoid a legal reckoning.
Looking at the experience of other countries is instructive. In Brazil, the former president Jair Bolsonaro, after baselessly claiming fraud before an election, was successfully prosecuted in a court and barred from running for office for years. In France, the former president Jacques Chirac was successfully prosecuted for illegal diversion of public funds during his time as mayor of Paris. Likewise, Argentina, Italy, Japan and South Korea have relied on the courts to hold corrupt leaders to account for their misconduct….
Consider India, Bolivia, Hungary and Venezuela, where the erosion of judicial independence of the courts has been accompanied by a rise in all-consuming power for an individual leader.
Within our constitutional system, the U.S. Supreme Court can still act effectively and quickly to preserve the judiciary’s role in a constitutional democracy. If the court is truly concerned about the rule of law and ensuring that these disputed facts are resolved in a trial, it could issue a ruling quickly after the oral argument.
It would then fall to the special counsel Jack Smith and Judge Chutkan to ensure that this case gets to a jury. Obviously, fidelity to due process and careful attention to the rights of the accused are critical. To get to a trial and avoid any further potential delay, Mr. Smith may decide to limit the government’s case to its bare essentials — what is often called the “slim to win” strategy. And Judge Chutkan has already warned Mr. Trump that his pretrial unruly statements with respect to witnesses and others may result in her moving up the start of the trial to protect the judicial process.
Read the rest at the NYT.
That’s it for me today. What do you think? Are there other stories that interest you?
Mostly Monday Reads: Just Another Manic Monday
Posted: April 22, 2024 Filed under: Trump Trials and Tribulations, Ukraine | Tags: @repeat1968, David Pecker, John Buss, Manic Monday, Opening Statements Hush Money Trial, The People of the State of New York v. Donald J. Trump., Trump Hush Money Case, Trump Reality Show Trials, Trump Trial Public Opinion, Ukraine aid 8 Comments
The Trump Legal Team is prepared to start the Manhattan Election Interference Trial and provide a robust defense against Donald’s continuing offenses. John Buss, @repeat1968
Good Day, Sky Dancers!
Donald’s getting all the attention in the world right now, but is it the kind he really wants? My Saturday Night Last Walk with Temple, the Poland Avenue Greeter, usually means dog biscuits, scratchies, and attention from the locals sitting on the sidewalk outside the local bars. It’s fest season, so we’re filled with tourists. We met the most pleasant young women from Australia, England, and France! The conversation eventually turned to all the ado about Trump, as it ultimately does. We’re worried about you,” they said. “Nous sommes tellement inquiets pour toi.” Happy Earth Day!
These folks come from countries where most of us have family members who fought beside their family members. My Father, John, fought in the skies of England and France; he was named after his Uncle John, who fought in the trenches of France and Belgium. I can say that I’m worried about us, too, as our electoral and judicial systems churn through all the detritus that Donald has put us through.
Timothy O’Brien knows Trump just about as well as anyone. He has written books about him and endured the ordeal of Donald dragging him through the court system. He won. This is his analysis for Bloomberg. Trump’s Trial Is the Reality Show He Never Wanted. he former president faces weeks of challenging witnesses and tawdry stories.”
Prosecutors and defense attorneys will make opening statements today in a criminal fraud trial in New York that Donald Trump has tried mightily, and unsuccessfully, to delay.
He continuously savaged Juan Merchan, the judge presiding over the trial, and belittled the charges he faces. He mocked the jury selection process that consumed the case’s first week, and, when awake, appeared so determined to rattle prospective jurors that Merchan was forced to remind Trump that he wouldn’t “have any jurors intimidated in this courtroom.”
Trump’s allies at Fox News and on right-wing social media platforms put the court and jurors in their crosshairs as well. “This isn’t the pursuit of justice, it’s a political persecution that is tearing our country apart,” noted Vivek Ramaswamy, floating atop the flotsam of his failed presidential bid. Elon Musk, fashioning himself as a legal scholar, concurred. He told the 181.5 million people who follow him on X, the social media platform he owns, that “this case is obviously a corruption of the law.”
Jurors felt the heat. Some dropped out, saying they feared for their well-being. That’s a phenomenon usually confined in the US to mob or terrorism prosecutions, but in an era when a former president glowingly compares himself to “the great gangster” Al Capone, here we are. Still, scores of jurors were reviewed and by Friday 12 of them, along with six potential alternates, had been empaneled.
Even then, Trump’s lawyers took a final long shot. They asked a New York appellate court to delay the trial and change the venue because they felt that jury selection seemed rushed. The appellate court swatted down that effort in less than an hour. And now, with a jury seated, the fireworks start. Witnesses will testify, many of them well-known figures from Trumplandia. Trump himself may or may not take the stand.
Trump is veering from rage to petulance, and from slumber to intimidation, in the courtroom because he’s the star of a lurid Manhattan reality show he isn’t producing or directing. He doesn’t control the narrative and others are writing the scripts. And some of the scripts say nasty things about him, his sex life, his bookkeeping and his attempts to bury stories that might have derailed his 2016 presidential campaign.
A televised trial would show us much more about Trump than the sketch artists and people in the room where it happens can explain. Also, we know that televising that trial would put a lot of folks in danger, too. I’ve already seen potential jurors cower at the thought of Trump’s crazed cult and its obsession with guns and violence. I hope their stories are having an impact. A lot of our closest friends around the world are worried about us. We are concerned about us.
And he’s already asleep again.
Today, we will get transcripts of opening statements. We also saw Judge Marchan’s decisions on what the prosecution may present that could damage the defense case. Yesterday, we learned the first witness will be David Pecker of the National Inquirer. Doesn’t this feel like an ad for a reality show from Bizzaro World?
This is from the Washington Post’s live coverage. It is being continually updated. “Prosecution calls first witness in Trump hush money trial.”
Prosecutors on Monday called their first witness, former National Enquirer publisher David Pecker, in Donald Trump’s criminal trial for allegedly falsifying business records to hide a hush money payment during the 2016 presidential election campaign. Pecker allegedly helped broker the payment as part of a “catch and kill” scheme to bury negative stories about Trump while he was running for president. Earlier in the day, the prosecution and defense lawyers delivered opening statements.
Dahlia Lithwick and Anat Shenker-OSorio have an interesting piece up at Slate. “The Trump Trial Is Already Influencing Public Opinion. Pundits are reading these shifts completely wrong—this is exactly the kind of movement that could determine the election.”
Four days in, and with the jury just selected, those in the commentariat class are already ready to offer their closing arguments in Donald Trump’s New York criminal trial. Most of the naysayers are lawyers. Some of them doubt that Trump will be found guilty of even a misdemeanor, much less a felony, for his alleged crime of illegally offering hush money payments to hide an affair he had before the 2016 presidential election. They question the soundness of what they deem a rather novel legal theory—elevating the minor crime of falsifying records into the more serious charge of doing so in furtherance of another crime. Others are just exhausted. Our Slate colleague Richard Hasen, in the L.A. Times, declared, “I have a hard time even mustering a ‘meh.’ ” It’s understandable to feel jaded by what has been a yearslong process, with Trump seeming to evade accountability every time—but dismissing this case is precisely the category error that holds that what lawyers believe about legal verdicts is somehow predictive of political and electoral outcomes.
And it’s not just the lawyers. The pundits are also certain they know how the public will think about a trial that’s barely begun. They’re sure they understand how it will affect a vote that remains 200 days away, and they are bringing in survey data to back up their claims. ABC News thus declared, “The polls suggest that a guilty verdict would be unlikely to have a big influence come November,” citing as evidence the fact that “just 35 percent of independents and 14 percent of Republicans” believe that Trump is guilty in the New York criminal case. As further proof that Manhattan District Attorney Alvin Bragg’s efforts are going to be electorally inconsequential, they go on to reference a Quinnipiac poll showing that only 29 percent of voters would be less likely to support Trump upon a conviction in this criminal trial.
And, sure, all of these are in fact numbers, and they are indeed less than 50 percent, and, yes, we’ve been told many, many times that it takes that plus one to win an election. But this is where so many political analysts have either memory-holed how presidential elections actually work in the U.S. or are demonstrating that motivated cognition is one hell of a drug. Because for Trump to lose this election, it does not require over 50 percent of people to say that this trial would flip their vote. Many people are already absolutely determined not to vote for the criminal defendant. As in 2016 and 2020, the 2024 election will come down to margins of 1 or 2 percentage points in just six states. In this game of winner takes all, even by a hair, dropping “only” 9 percent of your base upon a Bragg conviction—as the most Trump-favorable poll testing the stakes of this case reports—means you would lose the election.
Thus, while it is absolutely the case that 36 percent of independents saying that a guilty verdict would move them away from Trump is less than the 44 percent saying it wouldn’t, when your vote total is presently neck and neck and electoral precedent says it will come down to the wire, you cannot afford to lose anyone, let alone over a third of the gettable voters. That 36 percent matters greatly.
And so, those who are dismissing the electoral consequences of this criminal trial by declaring that events in Manhattan over the next few weeks will merely animate Trump’s base—a base that will see this trial as yet more proof of the Deep State’s (™) persecution of their Lord—are also demonstrating a fundamental misunderstanding of electoral math. You cannot mobilize the voters who are already absolutely voting for Trump to any greater heights. No matter how rabid their fury, and how bottomless their sense of shared grievance, they still get only one vote each—at least until they figure out how to commit the voter fraud they love to decry on a broader scale. The rank and file in the tank for MAGA cannot become more impactful.

Tom Toles Editorial Cartoon
Politico’s Erico Orden reports on the opening statements by the Defense. “Trump’s lawyer kicks off his opening statement to the jury with four words: ‘President Trump is innocent.’ And he said he’ll be referring to his client as “President Trump” because “he earned it.” Does this reek of white male entitlement, or is it just me?
Trump lawyer Todd Blanche began his opening statement with these words: “President Trump is innocent. President Trump did not commit any crimes,” he said, speaking slowly. “The Manhattan district attorney’s office should never have brought this case.”
Blanche told jurors that he and others would refer to Trump as “President Trump” because he “earned it.”
“We will call him President Trump out of respect for the office that he held,” Blanche said.
Blanche continued: “He’s not just our former president. He’s not just Donald Trump that you’ve seen on TV…he’s also a man, he’s a husband, he’s a father. He’s a person, just like you and just like me.”
As he spoke, Trump turned his body slightly in the direction of the jury box, the first time he has done so since the jurors entered the courtroom.
The New York Times reports this in its Live Updates. ” prosecutors Allege’ Criminal Conspiracy’ as Trump’s Trial Opens. David Pecker, the longtime publisher of The National Enquirer, will continue testifying Tuesday about what prosecutors say was a plot to cover up a sex scandal involving Donald J. Trump. The former president is charged with falsifying business records.”
I will try to keep an eye out to post the transcripts when they become available later today.
I would like to mention the vote in the House to provide continued support to Ukraine. This is from Reuters. “US House advances $95 billion Ukraine-Israel package toward Saturday vote’.”
The U.S. House of Representatives advanced a $95 billion legislative package on Friday providing aid to Ukraine, Israel and the Indo-Pacific in a broad bipartisan vote, overcoming hardline Republican opposition that had held it up for months.
Friday’s procedural vote, which passed 316-94 with more support from Democrats than the Republicans who hold a narrow majority, advanced a package similar to a measure that passed the Democratic-majority Senate in February.
Democratic President Joe Biden, Democratic Senate Majority Leader Chuck Schumer, top Senate Republican Mitch McConnell and top House Democrat Hakeem Jeffries had been pushing for a House vote since then. Republican House Speaker Mike Johnson had held off in the face of opposition from a small but vocal segment of his party.
In addition to the aid for allies, the package includes a provision to transfer frozen Russian assets to Ukraine, and sanctions targeting Hamas and Iran and to force China’s ByteDance to sell social media platform TikTok or face a ban in the U.S.
The legislation provides more than $95 billion in security assistance, including $9.1 billion for humanitarian aid, which Democrats had demanded.
If the House passes the measure, as expected, the Senate will need to follow suit to send it to Biden to sign into law.
Schumer on Friday told senators to be prepared to come back over the weekend if needed.
Wow. What a Newsday! I promise to try to keep up with some updates!
What’s on your reading and blogging list today?
Lazy Caturday Reads
Posted: April 20, 2024 Filed under: cat art, caturday, Donald Trump, Joe Biden | Tags: FISA bill, House Speaker Mike Johnson, January 6, Judge Chutkan, Letitia James, MAGA Republicans, Marjorie Taylor Green, Rep. Ken Buck, Rep. Tom Cole, Russia, Trump trials, Ukraine aid 5 Comments
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.”

Unknown artist
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.
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.

Artist unknown
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
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.
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
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.
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.”
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?




















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