Lazy Caturday Reads: Lying Liars Trump and Alito

Happy Caturday!!

c251ce5c66db297cafe56c07a05979b8If he were a normal former president, the fact that Trump was convicted of 34 felony counts of falsifying business records by a jury of his peers would be much more shocking. But he is also charged with more serious crimes against the United States–fomenting an insurrection and stealing top secret classified documents and hoarding them in his resort property. And of course, he is charged with trying to overturn the results of the 2020 presidential election in Georgia. We probably won’t know the outcome of those three cases until after the 2024 election, but we can begin to assess the results of the jury verdicts in Manhattan.

From Jason Lange at Reuters: Exclusive: One in 10 Republicans less likely to vote for Trump after guilty verdict, Reuters/Ipsos poll finds.

Ten percent of Republican registered voters say they are less likely to vote for Donald Trump following his felony conviction for falsifying business records to cover up a hush money payment to a porn star, according to a Reuters/Ipsos poll that closed on Friday.

The two-day poll, conducted in the hours after the Republican presidential candidate’s conviction by a Manhattan jury on Thursday, also found that 56% of Republican registered voters said the case would have no effect on their vote and 35% said they were more likely to support Trump, who has claimed the charges against him are politically motivated and has vowed to appeal.

The potential loss of a tenth of his party’s voters is more significant for Trump than the stronger backing of more than a third of Republicans, since many of the latter would be likely to vote for him regardless of the conviction.

Among independent registered voters, 25% said Trump’s conviction made them less likely to support him in November, compared to 18% who said they were more likely and 56% who said the conviction would have no impact on their decision.

The verdict could shake up the race between Trump, who was U.S. president from 2017-2021, and Democratic President Joe Biden ahead of the Nov. 5 election. U.S. presidential elections are typically decided by thin margins in a handful of competitive swing states, meaning that even small numbers of voters defecting from their candidates can have a big impact.

Biden and Trump remain locked in a tight race, with 41% of voters saying they would vote for Biden if the election were held today and 39% saying they would pick Trump, according to the poll, which surveyed 2,556 U.S. adults nationwide.

At the Bulwark, Nicholas Grossman writes: Trump’s Conviction Clarifies Things. In November, voters will know exactly what’s at stake.

IT IS NOW A LEGAL FACT that Donald Trump criminally falsified business records 34 times to cover up his attempt to hide an extramarital sexual affair. He is a convicted felon.

On its own, this would be one of the biggest scandals in presidential history. Public revelation of an affair with no connection to a crime ended Gary Hart’s presidential campaign in 1987. President Bill Clinton got impeached in 1998 and subsequently disbarred for committing the crime of perjury to cover up his affair with Monica Lewinsky. Trump’s hush-money fraud scandal is at least on par with that, and arguably worse, since his crimes occurred during a presidential campaign, rather than in the middle of a re-elected president’s second term. And that’s before noting that Trump has also been found liable for sexual abuse (and repeated defamation) in separate court proceedings involving a different woman, E. Jean Carroll, also on its own one of the biggest presidential scandals ever.

As the Supreme Court careens toward the explosive end of its term, Justice Samuel Alito keeps digging himself deeper into an ethics scandal that is equal parts comical and execrable. Alito sent a letter to congressional Democrats on Wednesday resisting their calls for him to recuse from Jan. 6–related cases, once again blaming the presence of two insurrection flags flying over his homes on his wife, Martha-Ann. A day later, the court released several opinions, including a 6–3 death penalty case authored by Alito that took familiar liberties with the law and the facts. And just a few hours after that, Chief Justice John Roberts notified Senate Democrats that he would snub their request for a meeting about ethics, citing “separation of powers concerns and the importance of preserving judicial independence.”  00:11  02:46 of the radical abolitionists who gave us the reconstruction amendments. Full Podcast Here      On a bonus Slate Plus episode of Amicus, Dahlia Lithwick and Mark Joseph Stern discussed this unholy concatenation of court-related drama as SCOTUS itself rolls right off the rails. Their conversation has been edited for length and clarity.

Woody in the garden, by Celia Pike

These scandals look trivial only in comparison to Trump’s even bigger crimes: conspiring to defraud the United States out of its presidential election results in 2020; and stealing, retaining, and exposing high-level national security secrets after leaving office. Trump faces federal charges for both of those, as well as additional state charges in Georgia relating to his post-defeat actions, but none of these cases will conclude, or perhaps even start, before this November’s election.

That’s why his Manhattan conviction is such a big deal. Trump is running for president to put himself above the law, and if he wins, it will cause democratic backsliding in the United States like that in Turkey, Hungary, India, and elsewhere. With only accusations and indictments against Trump, less invested voters could chalk it up to the he-said/she-said mudslinging of politics, but a jury conviction makes the stakes clearer. And the news is big enough to penetrate information bubbles, so the sort of voters who pay little attention to politics but end up deciding elections will hear about it….

There is no indication so far that this criminal conviction will get anyone to vote for Trump who wasn’t already planning to.

Grossman notes that we haven’t seen any big protests or political violence from right wingers following the verdict so far. But of course Trump and his gang are already lying about what happened.

AS SOON AS THE JURY ANNOUNCED its verdict, Trump, Republicans, and right-wing media began to lie about the trial—of course. They’ve engaged in the absurd doublethink of claiming Trump couldn’t possibly get a fair look from a jury of New Yorkers because everyone there hates him, just a few days after claiming Trump is so loved in New York that his rally in the Bronx had over 25,000 attendees (it was probably a tenth of that). They have attacked the judge, prosecutors, and the judicial system itself. If they can find out their names, they’ll probably attack members of the jury—hopefully just with words.

But the fact of the conviction is too big to deny. In that way, it’s like COVID and the 2020 election. Trump could distort public understanding of what was happening, but his early-2020 lies that COVID was nothing to worry about couldn’t overcome the medical reality. Since leaving office, he’s gotten the Republican party on board with his big election lie—but no matter how many Republicans falsely claim Trump was unfairly cheated, no matter how much fan fiction QAnon conspiracy theorists create, Joe Biden is now president and Donald Trump is not.

Still, Trump will presumably appeal his Manhattan conviction, and there’s almost no chance the legal process will end before the election. Even with the conviction, Trump can legally run for president and Americans can vote for him if they want.

There have been threats, of course. At NBC, Ryan J. Reilly reports on Trump fans’ efforts to attack members of the Manhattan jury: Trump supporters try to doxx jurors and post violent threats after his conviction.

The 34 felony guilty verdicts returned Thursday against former President Donald Trump spurred a wave of violent rhetoric aimed at the prosecutors who secured his conviction, the judge who oversaw the case and the ordinary jurors who unanimously agreed there was no reasonable doubt that the presumptive Republican presidential nominee falsified business records related to hush money payments to a porn star to benefit his 2016 campaign.

Advance Democracy, a non-profit that conducts public interest research, said there has been a high volume of social media posts containing violent rhetoric targeting New York Judge Juan Merchan and Manhattan District Attorney Alvin Bragg, including a post with Bragg’s purported home address. The group also found posts of the purported addresses of jurors on a fringe internet message board known for pro-Trump content and harassing and violent posts, although it is unclear if any actual jurors had been correctly identified.

The posts, which have been reviewed by NBC News, appear on manyof the same websites used by Trump supporters to organize for violence ahead of the Jan. 6, 2021, attack on the Capitol. These forums were hotbeds of threats inspired by Trump’s lies about the 2020 election, which he lost, and that the voting system was “rigged” against him. They now feature new threats echoing Trump’s rhetoric and false claims about the hush money trial, including that the judicial system is now “rigged” against him.

“Dox the Jurors. Dox them now,” one user wrote after Trump’s conviction on a website formerly known as “The Donald,” which was popular among participants in the Capitol attack. (That post appears to have been quickly removed by moderators.)

Girl and her cat“We need to identify each juror. Then make them miserable. Maybe even suicidal,” wrote another user on the same forum. “1,000,000 men (armed) need to go to washington and hang everyone. That’s the only solution,” wrote another user. “This s— is out of control.”

“I hope every juror is doxxed and they pay for what they have done,” another user wrote on Trump’s Truth Social platform Thursday. “May God strike them dead. We will on November 5th and they will pay!”

“War,” read a Telegram post from one chapter of the Proud Boys, the far-right group whose former chair and three other members were convicted of seditious conspiracy because of their actions at the Capitol on Jan. 6, just a few months after Trump infamously told the group to “stand back and stand by“ during a 2020 debate.

“Now you understand. To save your nation, you must fight. The time to respond is now. Franco Friday has begun,” another Proud Boys chapter wrote, apparently referring to fascist dictator Francisco Franco of Spain.

One Jan. 6 defendant who already served time in prison for his role in the Capitol attack also weighed in on X, posting a photo of Bragg and a photo of a noose. “January 20, 2025 traitors Get The Rope,” he wrote, referring to the date of the next presidential inauguration.

At The Daily Beast, Kremlin watcher Julia Davis reports that “Putin Pals” are upset about the verdict: Visibly Distressed Putin Pals Shaken Up by Trump Verdict.

Russian state-controlled media apparatus closely followed the legal troubles of former U.S. President Donald J. Trump, spicing up most of their coverage with pro-Trump clips from Fox News and Tucker CarlsonRussian propagandists were openly hoping for a hung jury and were visibly disappointed when Trump became a convicted felon on all 34 charges he was facing.

On Friday morning, Dmitry Kulikov, host of Solovyov Live, the self-described “most patriotic channel” in Russia, said on-air, “They wronged our Donald Trump!” Malek Dudakov, a political scientist who specializes in America, said that the hope for a miracle—meaning a hung jury—was extinguished. He said, with Russia’s affectionate middle name usage, “The miracle did not happen. Our Donald Fredovych was found guilty on all 34 counts.” For that, Dudakov blamed the judge and the jury and baselessly claimed that all of them were prejudiced against Trump. “Now, he is a felon,” he surmised, while also noting that the former president’s incarceration as a result of this conviction is unlikely.

Dudakov expressed hope that despite his legal troubles, Trump would still win in the upcoming presidential election. Kulikov and Dudakov jointly echoed Tucker Carlson’s assertions that their preferred candidate will prevail, “unless desperately panicked Democrats will organize an assassination of Donald Fredovych.” They expressed hope that Biden—not Trump—would die before the elections.

Similar reactions reverberated across Russian media outlets. Appearing on a state TV show 60 Minutes Friday morning, State Duma member Aleksei Zhuravlyov opted to discuss Trump’s conviction before addressing other bad news Russia is facing, with Western governments broadly signing off on Ukraine’s right to defend itself by striking Russia on its own turf. Zhuravlyov said he would address this “escalation” later and started with his rant against America for turning Trump into a felon.

Mischaracterizing the prosecution by describing it as “a lawsuit brought by Stormy Daniels,” host Olga Skabeeva chimed in and described Trump as “a former and potentially future U.S. president.” She surmised that the situation is too ridiculous for words and keeps escalating on every front. Skabeeva complained that earlier predictions of a hung jury did not come true, bitterly adding in perfect English, “Shit happens.”

At The New York Times, Reid J. Epstein and Nicholas Nehamas report on the Biden campaign’s reaction to the guilty verdicts: Hopeful Yet Cautious, Biden’s Team Aims to Exploit Trump’s Conviction.

For more than a year, President Biden has sought to cast the 2024 election not as a referendum on his four years in office but on whether voters want to return Donald J. Trump to office after a first term in which he undermined abortion rights, democracy and the rule of law.

Now, Mr. Trump’s guilty verdict on all 34 counts in his hush-money trial on Thursday has given Mr. Biden’s campaign a fresh way to frame the race: a stark choice between someone who is a convicted felon and someone who is not.

Mr. Trump’s conviction could well shake up U.S. politics, serving as a convening moment that cuts through a fragmented news media ecosystem even if it does not change pessimism about inflation and the cost of living. Mr. Trump has led many polls, with voters holding dim views of Mr. Biden’s stewardship of the economy, the southern border and foreign wars.

7f396144eae0a630a5ea0d2401c3b979The Manhattan jury’s verdict is likely to focus attention on Mr. Trump in a way that Mr. Biden’s supporters have long hoped it would. Even if Mr. Biden does not directly affix the title “felon” to his rival, scores of his allies are planning to do so in their communications about Mr. Trump through the end of the campaign.

“Donald Trump is a racist, a homophobe, a grifter and a threat to this country,” said Gov. J.B. Pritzker of Illinois, a top Biden surrogate and an influential billionaire donor for Democratic causes. “He can now add one more title to his list — a felon.”

Mr. Biden has to this point said virtually nothing about the New York case against Mr. Trump or any of the other three criminal indictments he faces, trying to stay above the fray as his rival baselessly claims that Mr. Biden orchestrated the charges. And the White House demurred after the verdict: “We respect the rule of law, and have no additional comment,” said Ian Sams, a spokesman for the White House Counsel’s Office.

The Biden campaign was less circumspect. Its aides tried to tie the verdict to the choice voters will face in November.

“Donald Trump has always mistakenly believed he would never face consequences for breaking the law for his own personal gain,” said Michael Tyler, the campaign’s communications director. “Convicted felon or not, Trump will be the Republican nominee for president.”

At CNN, Daniel Dale fact-checked Trump’s rambling, stream-of-consciousness post-conviction “news conference”: Fact check: Trump’s post-conviction monologue was filled with false claims.

Former President Donald Trump said he was going to hold a “press conference” on Friday in the wake of his Thursday conviction in Manhattan on felony charges of falsifying business records.

Instead, Trump delivered a rambling monologue that was filled with false claims on subjects ranging from the Manhattan trial to immigration to tax policy.

Here is a fact check of some of the inaccurate or unsubstantiated claims he made.

Some excerpts:

Crime in NYC:

Trump repeated his familiar claim that, while Manhattan prosecutors have been focusing on him, New York City has been experiencing record-high violent crime. He said this time that “you have violent crime all over this city at levels that nobody’s ever seen before.”

Facts FirstTrump’s claim is not even close to true. Violent crime in New York City – and violent crime in Manhattan in particular – has plummeted since the early 1990s and is today nowhere near record levels.

New York City recorded 391 murders in 2023, down about 83% from the 2,262 in 1990; 1,455 rapes in 2023, down about 53% from the 3,126 in 1990; and 16,910 robberies in 2023, down about 83% from the 100,280 in 1990.

Michael Cohen’s crimes

Criticizing key prosecution witness Michael Cohen, Trump repeated a claim he made during the trial in April. He asserted that Cohen, his former lawyer and fixer, “got into trouble not because of me” but because of “outside deals” and “something to do with taxicabs and medallions, and he borrowed money, and that’s why he went.” He added that Cohen pleaded guilty to campaign finance violations to try to get himself a lighter penalty.

Trump continued: “He got in trouble for a very simple reason: because he was involved with borrowing a lot of money and he did something with the banks – I don’t know, defrauded the banks, but something happened.”

Black cat in Klimt's garden

Black cat in Klimt’s garden

Facts First: Trump’s claim that Cohen got into trouble simply because of his non-Trump-related activities, such as those related to taxis and loans, is not true. First, Cohen’s case was referred to federal prosecutors in New York by the special counsel, Robert Mueller, who was appointed to investigate any connections between the Trump campaign and Russia. Second, Cohen’s three-year prison sentence in 2018 was for multiple crimes, some of which were directly related to Trump. 

Most notably, Cohen was sentenced for campaign finance offenses connected to a hush money scheme during the 2016 presidential campaign to conceal Trump’s alleged extramarital relationships – the same hush money scheme that was central to this prosecution against Trump. Cohen was also sentenced to two months in prison, to run concurrently with the three-year sentence, for lying to Congress in 2017 in relation to previous talks about the possibility of building a Trump Tower in Moscow, Russia, including about the extent of Trump’s involvement in the aborted Moscow initiative and about when in 2016 the discussions ended. (The discussions continued into June 2016, the month after Trump became the presumptive Republican nominee, and did not conclude in January 2016 before the first votes were cast, as Cohen had claimed.)

There’s much more at the CNN link.

I’ve been posting quite a bit about Samuel Alito’s flag scandal. I have a couple of follow-ups to share on that.

Andrew Gumbel at The Guardian: Neighbors say Alitos used security detail car to intimidate them after sign dispute.

Neighbors of Samuel Alito and his wife described how a disagreement over political lawn signs put up in the wake of the 2020 presidential election quickly devolved into “unhinged behavior towards a complete stranger” by the supreme court justice’s wife.

Emily Baden says she never intended to get into a fight with Alito and his wife, Martha-Ann, her powerful neighbors who live on the same suburban cul-de-sac as her mother outside Washington DC.

Then a large black car, part of the Alitos’ security detail, started parking in front of her mother’s house instead of theirs, and Baden understood the perils of being an ordinary citizen going up against one of the most powerful men in the country.

The two sides do not agree on much, but Baden, a staunch liberal, and Martha-Ann Alito, a staunch conservative, concur that they began exchanging words in late 2020, almost two months after Joe Biden’s election victory over Donald Trump. Soon after, according to Baden, the Alitos’ security detail began parking a car directly in front of her mother’s house – several houses down from its usual spots either directly in front of the Alitos or across the street from them.

“This happened a handful of times,” Baden now recalls. “I took that as directly threatening.”

Baden and her husband both say that the security detail’s car showed up in front of her mother’s house again two weeks ago, after the New York Times broke the story about an upside-down American flag hanging on the Alitos’ flagpole in the days before Biden’s inauguration – a symbol associated with the January 6 insurrection that sought to prevent Biden from taking office at all.

Baden was no longer living with her mother by that point – she is now a mother herself and living on the west coast. Neither she nor her mother were mentioned by name in the initial Times story. Still, she found the message that this sent disturbing.

“I couldn’t say who was in the car because of the tinted glass, and nobody ever said anything. I took it as a general threat,” she said. “The message was, we could do terrible things to you, and nobody would be able to do anything about it. When it comes to justices at the supreme court, they make the laws, but the laws don’t apply to them.”

Creepy.

David Masciotra at The New Republic: Ted Kennedy Warned Us About Samuel Alito. He Was Ignored.

Alito’s hard-right ideology, and his shameless lack of ethics, were obvious when he was nominated by President George W. Bush in 2005. A few Democratic senators sounded the siren, but the mainstream media, even its so-called “liberal” mainstays, largely ignored the warnings, unwittingly cooperating with an elite, right-wing operation to install a dishonest, partisan extremist on the highest court of the country. 

cats-in-garden-anne-parker

Cats in the garden, by Anne Parker

As The New York Times reported on the eve of Alito’s confirmation in 2006, his placement on the court was the “culmination” of an effort that began during the Reagan administration to staff the judiciary with ideologues of the religious right. Conservatives also deployed an adroit media strategy to temper, silence, and even disparage any attempt to criticize Alito during the nomination hearings. Public relations specialists and legal experts, coordinating on behalf of the Federalist Society, Christian organizations like Focus on the Family, and Republican senators, helped to sell Alito to the Senate, the media, and the public—even before his nomination. “We boxed them in,” one lawyer who participated in the meetings told the newspaper, presumably referring to the Senate and the mainstream media.

Early in the Alito nomination fight, Democrats uncovered a memo the judge wrote while he was working for the Reagan administration in 1985 that articulated his opposition to legal abortion. He advised against waging a “frontal assault on Roe” only because such a maneuver would prove politically unpopular, and instead advocated for a steady demolition of access to reproductive health care at the state level. Until the 2022 Dobbs decision overturning Roe, the Alito playbook is exactly what many Southern and heartland states followed to make abortion all but impossible within their borders.

The memo did not stop Alito from lying to the late Senator Edward Kennedy, whose diary revealed that, while meeting privately in Kennedy’s office, Alito assured him that he would never vote to overturn Roe. Unlike Republican Senator Susan Collins, who believed the same lie from Brett Kavanaugh and Amy Coney Barrett, Kennedy was not gullible enough to vote in favor of Alito’s confirmation. 

The P.R. firm handling the Alito nomination insisted that Republicans counter with the claim that, as a lawyer for the Reagan administration, Alito was only reflecting the views of his client. Planned Parenthood warned that Alito would “gut Roe” if he had the opportunity, but the media soon dropped stories on the memo. 

Similarly nauseating events transpired when Democrats learned that Alito belonged to Concerned Alumni of Princeton, an organization that opposed measures to increase admission of women and racial minorities. The group wasn’t merely against affirmative action but also contemptuous of co-education and supportive of quotas that favored men.

Alito insisted that his participation in the group was ancient history. (He had listed his membership on a job application as a 35-year-old applying to work for the federal government.) The mainstream media reacted not with questions about Alito’s biases on race and gender but with vilification of Democrats.

Read more at the TNR link.

That’s all I have for you today. Have a great summer weekend!


Finally, Friday and Forty-Five has Thirty-Four Felony Counts Reads!

“I’m going with this. Lock him up. Guilty 34 counts.” John Buss, @repeat1968

Good Day, Sky Dancers!

Donald stands in front of many flags, noticeably shaken and spouting the usual lies.  It’s the same old, same old from the same old, same old.  This old, tired man has a lot of old, tired excuses and blame-shifting. This is the most spaced-out presser I think I’ve ever seen.  He’s just rambling on. Maybe he’s just discovered he’s mortal and is in shock.  Who knows what goes on in that addled old mind of his?  However, it’s still a clarion call for the KKKult.

This is from Reuters. “Trump supporters call for riots and violent retribution after verdict.”  Isn’t that against the Law?  Lock them up with him!

Supporters of former President Donald Trump, enraged by his conviction on 34 felony counts by a New York jury, flooded pro-Trump websites with calls for riots, revolution and violent retribution.

After Trump became the first U.S. president to be convicted of a crime, his supporters responded with dozens of violent online posts, according to a Reuters review of comments on three Trump-aligned websites: the former president’s own Truth Social platform, Patriots.Win and the Gateway Pundit.

Some called for attacks on jurors, the execution of the judge, Justice Juan Merchan, or outright civil war and armed insurrection.
“Someone in NY with nothing to lose needs to take care of Merchan,” wrote one commentator on Patriots.Win. “Hopefully he gets met with illegals with a machete,” the post said in reference to illegal immigrants.

On Gateway Pundit, one poster suggested shooting liberals after the verdict. “Time to start capping some leftys,” said the post. “This cannot be fixed by voting.”

Some Trump supporters were considered unconsolable.  Poor, nasty, racist, bigoted, homophobic, women-hating deplorables!  The New York Times attempts to gauge America’s response to the verdict. “The Trump Verdict: Americans React.  Initial reactions nationwide to former President Donald J. Trump’s conviction on all 34 counts of falsifying business records.”  This was my favorite woman-on-the-street response.

Ashley Daniels, 38, Los Angeles

“My first initial thought was joy, because it’s been going on for so long, just waiting for some sort of justice,” she said.

“But I feel a little amazed, when I looked it up, that he actually can still run for president now that he’s been convicted for 34 felonies. Like you can get denied for regular-Joe jobs, but you can be president for 34 felonies. It’s kind of crazy. But I’m hoping we’re moving in a good direction.”

The Guardian also asked some folks on the street. “‘I’d enjoy seeing him go to prison’: voters react to guilty verdict in Trump trial. Some are ‘glad to see him held accountable’ while others call conviction a ‘travesty’ and believe it will embolden his base.”

Inside the Wisconsin state capitol on Thursday evening, Brian Schimming, the chair of the Wisconsin Republican party, decried Donald Trump’s conviction in blistering terms. The conviction was an embarrassment. The verdict, “rigged”. The legal system, akin to that of a “banana republic”.

On the sprawling lawn outside the state capitol building, in deep-blue Madison, Cheyenne Carter, a 25-year-old administrative assistant, reflected on the verdict more matter-of-factly.

“I’m glad to see him be held accountable in some criminal way,” said Carter. “I would actually enjoy seeing him go to prison, or see some type of actual prison time – unfortunately, I’m sure that won’t happen.”

Like many voters, Carter made up her mind about the former president long ago, and figures others have too.

The jury’s verdict – guilty of 34 felony charges in connection with his hush-money payments to adult film star Stormy Daniels – makes Trump the first US president, current or former, in history to be convicted in criminal court. It’s not clear that will change minds.

“I feel like people have made their opinion about him for years now, and it’s like, you can’t change it this far in,” said Carter.

Will Ford, an air traffic controller from Wisconsin, agreed. He hasn’t settled on Joe Biden and could see himself voting for a third-party candidate, but has never considered voting for Trump, whom he sees as a menace.

“He’s a different breed, a different kind of person,” said Ford. “If he gets elected, I think we’d be in trouble a little bit, because he’s for sure going straight after everybody who was against him.”

For Dave, a retiree from northern Wisconsin who preferred not to share his last name, the verdict proved what Trump has been claiming for months and what the Republican party establishment, evidenced in Schimming’s speech at the Capitol, appears to have settled on as a unifying message – that the cases against Trump are unfair and politically motivated.

“I think this will make him even greater – Trump will win in a landslide,” he said.

At the link, there’s another set of voter comments from the state of Georgia.  Both of these will be key states in November.  All I can continue to say is that I’ve never met a smart Trump voter. They’re either choking on racist bile, blissfully unaware of reality, or both. The big discussion last night after the verdict was how much Trump’s involvement with his defense tanked his chances of getting at least one holdout.  This is from Politico. “Trump Bungled the Trial. A conviction wasn’t inevitable.”  This analysis is provided by Ankush Khardori.

It may not have been the trial that the country deserves, but it’s the trial that we got.

On Thursday, Donald Trump became the first president in U.S. history to become a convicted felon thanks to a jury of 12 New Yorkers. The verdict was swift, coming after less than two days of deliberations in the hush money trial.

But a conviction was not inevitable. The legal issues were intricate and in some key respects novel, and some of them will credibly be at issue on appeal. The state’s evidence was voluminous but far from airtight, and there were weaknesses and gaps in the prosecution’s evidence as the case unfolded.

In fact, this was probably a winnable case — not in the form of an acquittal perhaps, but in the form of a hung jury that could have resulted by persuading one or more jurors that a case built around Michael Cohen — the former Trump lawyer/fixer turned convicted felon turned media personality — was simply not strong or reliable enough to warrant this watershed moment in American history. Trump also probably could have gotten off with convictions on misdemeanor counts of falsifying his company’s business records instead of felonies, but he never asked the judge to instruct the jurors on that point, perhaps fearing that the request might make him look weak — the worst offense of them all in his mind.

In life and in the law, hindsight is 20/20. In close political campaigns, analysts are often tempted to treat the eventual winner as the candidate that made the right decisions at the crucial points, and to treat the loser as having fumbled along. The same dynamic applies to legal proceedings too, so some caution is warranted. At some point, we may hear from some of the jurors themselves about what guided their decision, which would be a welcome addition to the historical record.

In the meantime, we are left to our own devices and to a tentative but unavoidable conclusion — that Trump and his lawyers bungled this trial.

They made a series of significant strategic and tactical errors before Cohen even took the stand that appeared likely to be the product of Trump — the client’s — decision-making. They foolishly claimed that the porn star Stormy Daniels had fabricated her story in the run-up to the 2016 election, then pilloried her ineffectively during cross-examination. They elevated peripheral witnesses (like Daniels’ lawyer) through drawn-out cross-examinations when they should have downplayed their actual relevance to the charges.

It was legal Trumpism — deny everything, attack indiscriminately.

I think also Trump and his lawyer/slaves underestimated how much they could undermine Cohen. Cohen and his lawyer made a long appearance on MSNBC.  The funniest part was Cohen’s characterization of Blanche, Trump’s lawyer, as SLOAT, which is an acronym for ‘Stupidest Lawyer Of All Time.’   Cohen argued that Blanche listened to Trump’s trial strategy and that, like everything Trump touches, it died.  The most behind-the-scenes lawyer who deserves kudos is Cohen’s lawyer, Danya Perry.  She revealed that Blanche was her paralegal when he 1st started working at the same office. When Cohen was describing his prep for testimony, it was obvious that Perry’s influence had helped him greatly.  She told him to lay off the social media, make the facts surrounding him a given, and move on.  You can watch the interview with Rachel and the rest of the MSNBC night team with Cohen and Perry at the link.  He admitted to his lies and errors and just moved on. She argued it was part of why the jury wound up trusting him.

Another item discussed last night was the law in Florida that stops convicted felons from voting.  Today, in the Miami Herald, a detail in the law shows that Trump may still vote in the November election. “Trump was found guilty of crimes in New York. Can he still vote in Florida?”

Former President Donald Trump may officially be a convicted felon, but he’ll still likely be able to vote for himself in Florida this November. While Florida law bars people convicted of most felonies from voting until they’ve fulfilled all terms of their sentence, Trump, a lifelong New Yorker who changed his residency to Florida in 2019, was convicted Thursday in his former home state.

The Florida Secretary of State’s website states that a “felony conviction in another state makes a person ineligible to vote in Florida only if the conviction would make the person ineligible to vote in the state where the person was convicted.” Under New York state law, even convicted felons are allowed to register to vote, so long as they’re not currently in prison.

For now, it’s unclear what kind of punishment Trump could receive. His sentencing hearing is currently scheduled for July 11. New York state law calls for a maximum four-year prison sentence for each of the 34 counts of falsifying business records that Trump was found guilty of on Thursday.

Trump could avoid prison time altogether, according to The New York Times, if the judge overseeing the case imposes a sentence of probation. Trump has also promised to appeal his conviction, which would have an effect on his voting status.

Trump’s sentencing hearing will occur on July 11.  Catherine Christian, Former Asst. The District Attorney for the Manhattan DA also had a lot of good information on what’s to follow for both the sentencing hearing and the appeal.  The interesting thing I learned was that Trump does not have to attend the Appeal Court proceedings.  Her interview with Rachel is at the link.

There are a lot of big questions left. I’m sure we can hear and read a lot of speculation. At this point, only Judge Marchan holds the keys to many of them. I hope his sheriff’s detail is large and well-armed. In these six convening weeks, we’ll see if Trump can really call out the crazies.  We’ll also be watching the Biden campaign’s response.  They seem to be determining what will work best.  Are there enough disaffected Republicans to attempt some outreach efforts?  I’m not sure anyone can do anything, but I guess right now.  I do feel we will see some violence from those heavily armed white lone wolves out there.  It’s never good when you’re a fanatic–religious or otherwise–and you go on an armed crusade.  We shall see.

What’s on your reading and blogging list today?


Wednesday Reads

Good Morning!!

Today Judge Juan Merchan will give instructions to the jury in the Trump hush money case and then they will begin deliberations. Some experts are predicting there will be a verdict today. I kind of doubt that, but what do know? A decision could certainly come this week. 

At The New York Times, William K. Rashbaum and Judge’s Instructions Will Be a Road Map for Jury Weighing Trump’s Fate.

Justice Merchan will describe the legal meaning of the word “intent” and the concept of the presumption of innocence. He will remind the jurors that they pledged to set any biases aside against the former president before they were sworn in, and that Mr. Trump’s decision not to testify cannot be held against him.

Then, according to a person with knowledge of the instructions that Justice Merchan plans to deliver, he will explain the 34 charges of falsifying business records that Mr. Trump faces. It will likely be the most important guidance that the judge offers during the trial. And it is no simple task.

Judge Merchan

Judge Merchan

In New York, falsifying records is a misdemeanor, unless the documents were faked to hide another crime. The other crime, prosecutors say, was Mr. Trump’s 2016 violation of state election law that prohibited conspiring to aid a political campaign using “unlawful means.”

Those means, prosecutors argue, could include any of a menu of other crimes. And so each individual false-records charge that Mr. Trump faces contains within it multiple possible crimes that jurors must strive to understand.

The moment that the jurors begin to deliberate will mark the first time that the complicated case will be assessed not by judges or a parade of commentators, but by everyday New Yorkers. The group may be aided by the two jurors who are also lawyers — though neither appears to have criminal experience, and one said during jury selection that he knew “virtually nothing about criminal law.”

Marc F. Scholl, who served nearly 40 years in the district attorney’s office, noted that jury instructions are often difficult to follow, particularly given that, in New York, jurors are barred from keeping a copy of the guidance as they deliberate. And he said that defendants are often charged with several different crimes, requiring even more elaborate instructions.

Still, Mr. Scholl said, one point of complexity stood out: “Usually you don’t have this layering of these other crimes,” he said.

Justice Merchan, according to the person with knowledge of his legal instructions, will proceed through each of the 34 charges count by count, explaining to jurors what each requires prosecutors to have proved.

The knotty legal instructions were the product of intense argument between the prosecution and the defense, culminating in a hearing last week in which each side sought to persuade the judge to make minor edits that could have had a major impact.

Read more details about those arguments at the NYT link.

People who have been covering the trial inside the courtroom, eg, Harry Litman, have expressed concerns about one juror who appears to be sympathetic to the defense. This is from Marc Caputo at The Bulwark: Trump Legal Team Pins Hopes on Hung Jury.

AS THE JURORS FILED into the Manhattan courtroom, day after day, almost none of them would look at Donald Trump. It’s one of those unsettling signs for defendants and their lawyers who worry about a guilty verdict.

Those worries have only grown in Trump’s orbit as allies have all but abandoned hope of acquittal. Even Trump, though he railed Monday on social media about the judge and the case, has privately sounded a note of resignation.

Trump sleeping in court

Trump sleeping in court

“Whatever happens happens,” Trump told one person recently. “I have no control.”

But there is one clear hope MAGAville clings to: a hung jury that results in a mistrial.

If that happens, Trump allies suspect that it will be chiefly due to the one juror who has made friendly eye contact with Trump from time to time as the jury enters the room and walks right past the defense table.

“There are eight people on that jury who definitely hate Trump. If there’s one person who doesn’t, it’s [this] juror,” said one court attendee who, like others for this story, relayed their observations on condition of anonymity to The Bulwark, which is also protecting the privacy and safety of the juror in question by not disclosing identifying details.

As the trial has progressed since April 15, these sources relate, this juror has appeared to nod along in seeming accordance with the defense at times. On other occasions, the juror has seemingly reacted favorably to and made eye contact with Trump’s congressional surrogates who began joining him in court in recent weeks.

I hope they’re mistaken. All we need it to have this end in a mistrial.

You might also be interested in this piece by Liz Dye at Public Notice. She provides an explanatory primer for people who haven’t followed the day-to-day action in the trial: What you need to know about Trump’s trial before the verdict.

From Charles R. Davis at Salon, a little schadenfreude: “Full panic mode”: Experts say Trump mad he’s “finally being treated like any other defendant.”

Donald Trump is not behaving like someone who expects to be found “not guilty.” In a series of posts over the Memorial Day weekend, the former president deviated from the norm of honoring soldiers who fought and died for the United States by instead posting on his website, Truth Social, about how unfair it is that standard courtroom procedures are not being bent in his favor.

Posting in all caps, Trump – facing 34 felony counts of falsifying business records to cover up a hush payment to an adult film star – on Monday raged against the order in which closing arguments will be made in his Manhattan trial. It is a “big advantage,” he said, and “very unfair” that the prosecution gets to go second. “Why can’t the defense go last?”

Whether he knows this and is just riling up gullible followers or if he simply never retained the information his defense counsel could surely provide, Politico’s Kyle Cheney noted that Trump is here complaining about a fact of life “in virtually every criminal court.” Per Cheney, “Prosecutors typically get a rebuttal during closings because [the] burden or proof lies with them, not [the] defense.”

Trump prosecutor Joshua Steinglass gives final arguments

Trump prosecutor Joshua Steinglass gives final arguments

Trump, then, is complaining about an order that exists because of the far higher standard that prosecutors must meet. The defense only needs to sow doubt about the government’s case, and it really only needs one juror to entertain the former president’s argument that the case is a “witch hunt”; the prosecution must show that its case is not just probable, but prove it beyond a reasonable doubt.

“Trump is finally being treated like every other defendant,” said Joyce Vance, a former U.S. attorney who has been following his hush money trial. “[R]eally,” she argued, “that’s what he objects to.”

In another weekend rant about the case, Trump again opined that it was wrong to bring a case against him while he’s running for president. If there was evidence of a crime, he wrote, referring to himself in the third person, “it should have been brought seven years ago, not in the middle of his Campaign for President.” [….]

Since Trump is no longer president, and can no longer pick those charged with enforcing the law, he is now just another man who must stand before and be judged by it. For a man who has long enjoyed impunity, it is intolerable. And while he may be able to evade financial penalties, at least for a time, in this case his actual liberty is at stake: it is not inconceivable that, when closing arguments conclude this week, jurors return a guilty verdict and Judge Juan Merchan decides that this particular defendant deserves some time behind bars.

George Conway, a conservative attorney turned harsh critic of the former president, believes Trump is reacting to his loss of control. “The defendant,” he posted on Threads, “is clearly in full panic mode.”

A couple of articles about the stalled Mar-a-Lago stolen documents case:

David Kurtz at Talking Points Memo: Aileen Cannon Threatens To Sanction MAL Prosecutors.

In the up-is-down world of the Mar-a-Lago classified documents case, prosecutors attempted to stanch Donald Trump’s vitriolic attacks on federal law enforcement – the kind of thing criminal defendants would not typically be allowed to engage in while on pre-trial release – and wound up themselves threatened with sanctions by the judge.

As Morning Memo recounted yesterday, the move by prosecutors to modify the terms of Trump’s pre-trial release came late Friday before the Memorial Day weekend and prompted a heated response from Trump.

U.S. District Judge Aileen Cannon weighed in Monday, denying the prosecution motion, chastising them for playing loose with the local court rules, and threatening to impose sanctions on them in the future. On small bright spot, if you can call it that, is that she didn’t accede to Trump’s request to sanction the prosecution team immediately. Cannon’s denial was without prejudice, meaning prosecutors can refile their motion:

Cannon insisted that prosecutors had not sufficiently conferred with the defense team before filing and ordered that all future filings contain a statement of no more than 200 words by the opposing side of its position.

In a normal case, I’d applaud a judge keeping a tight leash on the prosecution team. But we’re in such uncharted territory here that you can’t attribute this to i-dotting or t-crossing by Cannon. Given any chance to chide the prosecution, she takes it. Given deplorable behavior by Trump that would normally never fly, she finds herself mute again and again.

The judge’s routine has become so predictable that even the analysis by legal observers bakes in a certain Cannon quotient: Anything that DOJ does that even arguably deviates from the rules leaves an opening that Cannon will take. So DOJ ends up graded on a weird Cannon curve while the Trump’s dangerous and unprecedented conduct gets set to the side.

One pattern emerging with Cannon is that when prosecutors implore her to assert herself and take more control over the case like so many judges do, she retreats to treating everything as an adversarial contest that she merely referees. But when it’s a matter of importance to Trump, she regularly asserts herself, going so far as to raise issues on her own. It’s another way in her handling of the case is imbalanced to Trump’s advantage.

At The New York Times, Alan Feuer has an piece about Judge Cannon: Emerging Portrait of Judge in Trump Documents Case: Prepared, Prickly and Slow.

…[A]t seven public hearings over more than 10 months, Judge Cannon has left an increasingly detailed record of her decision-making skills and judicial temperament.

The portrait that has emerged so far is that of an industrious but inexperienced and often insecure judge whose reluctance to rule decisively even on minor matters has permitted one of the country’s most important criminal cases to become bogged down in a logjam of unresolved issues.

She rarely issues rulings that explain her thinking in a way that might reveal her legal influences or any guiding philosophy. And that has made the hearings, which have taken place in Federal District Court in Fort Pierce, Fla., all the more important in assessing her management of the case.

Aileen Cannon in court in stolen documents case

Aileen Cannon in court in stolen documents case

Regardless of her motives, Judge Cannon has effectively imperiled the future of a criminal prosecution that once seemed the most straightforward of the four Mr. Trump is facing.

She has largely accomplished this by granting a serious hearing to almost every issue — no matter how far-fetched — that Mr. Trump’s lawyers have raised, playing directly into the former president’s strategy of delaying the case from reaching trial.

It appears increasingly likely that the documents case will not go to a jury before Election Day, and that the only trial that Mr. Trump will face this year will be the one now ending in Manhattan, where jurors are expected to begin deliberating on Wednesday over whether he falsified business records in connection with hush money payments to a porn star.

Still, the next few weeks will bring Judge Cannon’s handling of the case in Florida into even sharper focus.

She may soon rule on a request by Jack Smith, the special counsel overseeing the two federal prosecutions of the former president, to bar Mr. Trump from making public statements that could endanger federal agents working on the documents case. That move, which the judge denied this week on procedural grounds, came in response to the former president’s baseless assertion that the F.B.I. was authorized to use deadly force against him during the search two years ago of Mar-a-Lago, his private club and residence in Florida.

After a hearing in June, Judge Cannon will also have to make a significant decision on whether to give Mr. Trump’s lawyers access to communications between Mr. Smith’s team and top national security officials. The lawyers made that request hoping to bolster their contention that the so-called deep state colluded with the Biden administration to bring the charges.

Read the rest at the NYT.

Yesterday, New York Times reporter Jodi Kantor had another update on the strange story of the Alitos and their protest flags: The Alitos, the Neighborhood Clash and the Upside-Down Flag.

The police in Fairfax County, Va., received an unusual phone call on Feb. 15, 2021. A young couple claimed they were being harassed by the wife of a Supreme Court justice.

“Somebody in a position of authority needs to talk to her and make her stop,” said the 36-year-old man making the complaint, according to a recording of the call reviewed by The New York Times. The officer on the line responded that there was little the police could do: Yelling was not a crime.

The couple placed the call after a series of encounters with Martha-Ann Alito, wife of Justice Samuel A. Alito Jr., that had gone from uneasy to ugly. That day, Emily Baden, whose boyfriend (now husband) contacted the police, had traded accusations with Mrs. Alito, who lived down the street. In a recent interview, Ms. Baden admitted to calling her a lewd epithet.

The clash between the wife of a conservative Supreme Court justice and the couple, who were in their 30s, liberal and proud of it, played out over months on a bucolic block in Alexandria. It was the kind of shouting match among private citizens, at the height of tensions over the 2020 election, that might have happened in any mixed political community in America. But three years later, that neighborhood spat — which both sides said began over an anti-Trump sign — has taken on far greater proportions.

Interview with Ms. Baden:

Amid the controversy, Ms. Baden said she was surprised to find herself playing a central role in Justice Alito’s account about a war of words, political signsand a flag. “I never saw the upside-down flag, never heard about it,” she said.

The Alitos

The Alitos

To better understand the clash, The Times interviewed Ms. Baden, her mother and her husband, as well as other neighbors, and reviewed the texts that Ms. Baden and her husband sent to friends after the episodes. Justice Alito, who did not respond to questions for this article,has in recent weeks given his own explanation of what happened.

There are some differences: For instance, the justice told Fox News that his wife hoisted the flag in response to Ms. Baden’s vulgar insult. A text message and the police call — corroborated by Fairfax County authorities — indicate, however, that the name-calling took place on Feb. 15, weeks after the inverted flag was taken down….

The justice later elaborated in an interview with Fox News, saying that in January 2021 a neighbor on the block displayed a vulgar anti-Trump sign, near where children wait for the school bus. Mrs. Alito complained to the neighbor. “Things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks,” tweeted the Fox News reporter who interviewed the justice.

While the Alitos were on a neighborhood walk, “there were words between Mrs. Alito and a male at the home with the sign,” the network reported. The justice said the man used “vulgar language, ‘including the C-word,’” After that exchange, “Mrs. Alito was distraught and hung the flag upside-down,” the Fox reporter relayed.

But in the Baden family’s version, the justice’s wife initiated the conflict. “Aside from putting up a sign, we did not begin or instigate any of these confrontations,” Ms. Baden said later.

During the Covid crisis, Baden moved in with Baden’s mother Barbara, who lives in the Alito’s neighborhood. Her boyfriend, who grew up in the area also moved back home.

The couple participated in Black Lives Matter protests in Washington, propped up Biden-Harris signs, and on the Saturday in November when the election was called, whooped and danced in the streets of the nation’s capital. When they got home, they displayed a political sign they had made from torn-up Amazon boxes, saying “BYE DON” on one side and “Fuck Trump” on the other….

Shortly after Christmas, as Emily Baden was with her dog in her front yard, an older woman approached and thanked her for taking down the sign, which had merely blown down. Ms. Baden realized that the woman was Martha-Ann Alito. The sign was offensive, Mrs. Alito said, according to both the justice’s account and a text message from Ms. Baden to her boyfriend.

Martha-Ann Alito and Ms. Baden

Martha-Ann Alito and Emily Baden

Ms. Baden told her the sign would stay up, she recalled in the interview. The family was taken aback: Though the Badens and the Alitos lived just a short distance apart, Barbara Baden couldn’t recall ever communicating with the justice’s wife beyond a neighborly wave. In the interview, Emily Baden could not remember whether she put the signs up again.

Then came Jan. 6. Rocked by the violence and threat to democracy, the couple soon put up new signs in their yard, saying “Trump Is a Fascist” and “You Are Complicit.” Emily Baden said in interviews that the second sign was not directed at the Alitos, but at Republicans generally, especially those who weren’t condemning the Capitol attack.

Soon afterward, her mother took them down, out of safety concerns. “Look what these people can do,” she said in an interview, recalling her fears at the time about the mob that had stormed the Capitol. “I do not want to mark my house.”

It’s not clear whether Mrs. Alito saw those signs, but the day after the Capitol riot, as the couple parked in front of their home, she pulled up in her car, they said. She lingered there, glaring, for a long moment, recalled the couple, who texted their friends about the encounter.

In another incident, the young couple drove by the Alito’s house.

Mrs. Alito happened to be standing outside. According to interviews with Ms. Baden and her husband, as well as messages they sent to friends at the time, Mrs. Alito ran toward their car and yelled something they did not understand. The couple continued driving, they said, and as they passed the Alito home again to exit the cul-de-sac, Mrs. Alito appeared to spit toward the vehicle.

The couple, still shaken by the Capitol riot, said the encounter left them feeling uneasy and outmatched by the wife of someone so powerful.

Mrs. Alito seems a bit unhinged.

One more from Josh Dawsey at The Washington Post: Trump makes sweeping promises to donors on audacious fundraising tour.

When Donald Trump met some of the country’s top donors at a luxurious New York hotel earlier this month, he told the group that a businessman had recently offered $1 million to his presidential effort and wanted to have lunch.

“I’m not having lunch,” Trump said he responded, according to donors who attended. “You’ve got to make it $25 million.”

Another businessman, he said, had traditionally given $2 million to $3 million to Republicans. Instead, he said he told the donor that he wanted a $25 million or $50 million contribution or he would not be “very happy.”

As he closed his pitch at the Pierre Hotel, Trump explained to the group why it was in their interest to cut large checks. If he was not put back in office, taxes would go up for them under President Biden, who vows to let Trump-era tax cuts on the wealthy and corporations expire at the end of 2025.

“The tax cuts all expire for wealthy and poor and middle-income and everything else, but they expire in another seven months and he’s not going to renew them, which means taxes are going to go up by four times,” Trump said, exaggerating the size of the cuts. “You’re going to have the biggest tax increase in history.”

Seconds after promising the tax cuts, Trump made his pitch explicit. “So whatever you guys can do, I appreciate it,” he said.

The remarks are just one example of a series of audacious requests by Trump for big-money contributions in recent months, according to 11 donors, advisers and others close to the former president, who spoke on the condition of anonymity to describe his fundraising. The pleas for millions in donations come as the presumptive Republican nominee seeks to close a cash gap with Biden and to pay for costly legal bills in his four criminal indictments.

Trump is completely corrupt. So what else is new? Read the whole thing at the WaPo.

That’s it for me today. I hope I’ve given you something worth reading while we wait for the verdict.


Memorial Day Monday Reads

“I thought the Libertarian logo looked familiar too, Mr. Trump.” John Buss, @repeat1968

Good Day, Sky Dancers!

This is the day we remember those who served and made the ultimate sacrifice for our country and its democracy.

Today is a good day to think about the possibility that everything we know may be forcibly taken away by a cult of white fascist Christians led by a dotard leading a family crime syndicate.

Here are some reads for you. “Proposed Texas GOP platform calls for the Bible in schools, electoral changes that would lock Democrats out of statewide office. The platform was voted on Saturday, with tallies expected next week. Other planks call abortion homicide and gender-transition care “child abuse.

These people, if they watch the news at all, tend to believe every conspiracy theory pouring out of Fox News.   They have what Julie Jeske calls Fox News Brain. Aaron Ruper sums up her findings in the Public Notice.

Are you terrified of migrants squatting in your home or randomly punching you in the face while you walk down the street? Maybe you find yourself thinking a lot about Hunter Biden or gas prices and how they were lower four years ago? Then, dear reader, you probably have Fox News brain.

Juliet Jeske, author of the highly recommended Decoding Fox News newsletter, is one of the world’s foremost experts on that condition.

“Propaganda is a very difficult thing to erase from somebody’s brain,” she told me. “Some people just want to be in that Fox News rage spiral. They’re riding a rollercoaster of fear, paranoia, and hate. And people enjoy that. They enjoy sitting in their homes and being angry at the world. I don’t understand that mentality at all. But that’s what Fox provides them.”

An interview with  Jeske follows this introduction. I cannot listen to Donald Alcolytes or Donald himself these days without my stomach churning. How can people not take any of the blatant displays seriously? This is from Ruth Ben-Ghiat at MSNBC. “Denial about Donald Trump is deeper than ever.”

Yet it seems that so many in America are treating this election as politics as usual. Primaries, caucuses and other events proceed, even as the Republican nominee refuses to commit to accepting lawful election results if he is not the victor. And most of the GOP still embraces the false reality that Trump won the 2020 election as well.

This surreal situation reflects both an information deficit and a disinformation surfeit. A March poll of swing-state voters revealed that most respondents were unaware of Trump’s criminal charges, dictator threats, use of fascist language (such as calling people “vermin”), and vows to pardon the “patriots” who attacked the Capitol on Jan. 6. More worryingly still, the poll excluded voters who believed Biden stole the 2020 election. Those surveyed, though they are not lost in the Trumpist alternate universe, lack the information to take the threats to our democracy seriously.

And many better-informed Americans don’t take Trump’s proclamations and actions seriously either. Instead, they accuse those who are sounding the alarm at his strongman actions and rhetoric of hyperbole and hysteria.

Certainly, Americans are prone to thinking “it can’t happen here.” Our country has lived on its reputation as a bastion of freedom and democracy, and since we have never had a national dictatorship at home (though the Jim Crow South was a regional authoritarianism), many people don’t recognize autocratic creep as it unfolds. But as Robert Kagan’s stirring essay for The Washington Postput it: “A Trump dictatorship is increasingly inevitable. We should stop pretending.”

Yet too many are still pretending. President Joe Biden’s age receives far more coverage than Trump’s declarations that if he returns to the White House he will detain and deport millions of people and allow Vladimir Putin’s Russia to “do whatever the hell they want.” Such is his affinity for Russia’s authoritarian that he’d let Moscow attack NATO member states if they pose obstacles to Putin’s imperialist ambitions — a situation that could trigger World War III.

   Today, the New York Times published this. “Trump’s Post-Verdict Playbook: Anger and Retribution, Regardless of the Outcome. Former President Donald J. Trump has a history of attacking investigators, blaming President Biden, and seeking vengeance on those who cross him.” This is written by Jonathan Swan and Maggie Haberman. Think about that.

The verdict in former President Donald J. Trump’s criminal trial remains a mystery, at least for a few more days. Less of a mystery is what Mr. Trump will say and do after it is announced — whatever the outcome might be.

If the past is any guide, even with a full acquittal, Mr. Trump will be angry and vengeful, and will direct attacks against everyone he perceives to be responsible for the Manhattan district attorney’s prosecution. He will continue to level the attacks publicly, at rallies and on Truth Social, and privately encourage his House Republican allies to subpoena his Democratic enemies.

The pattern is firmly established: After Mr. Trump escaped impeachment twice and survived a special counsel investigation led by Robert S. Mueller III into ties between his 2016 campaign and Russia, he immediately went into revenge mode — complaining about the injustices he was forced to endure and urging his allies to investigate the investigators.

“Regardless of the outcome, the playbook is the same,” said Alyssa Farah Griffin, Mr. Trump’s former White House communications director, who began working for him shortly after his first impeachment trial but has since become a sharp critic of her former boss.

Mr. Trump’s team is still determining his plans for the period after the trial’s conclusion, timing that remains at the mercy of the jury.

It is unclear how much the public cares about his trial over allegations that he falsified business records to conceal hush money payments to a porn star during the 2016 election. Mr. Trump’s advisers have been running a private poll tracking public opinion throughout the trial, according to a person briefed on the data, and have not seen a significant downturn in his support, even during some of the more bruising days of testimony. Public polling also suggests a relatively stable race.

But yet, all Republicans persist in the Trump Agenda no matter what level of government.   Lindsey Graham said this on Fox News near the end of last year. He was upset that New York might force Chick-fil-A chains to open on Sundays. “”The bottom line is – Conservatives are tolerant, we are kind of get out of your business, you leave me alone, I’ll leave you alone.” Is this the most ridiculous thing he’s ever said? Steven Benen had this to say at the time.

Indeed, therein lies the point. Graham’s description of conservatism certainly sounded quite nice. The government is going to get out of my business and leave people alone? It’s the kind of pitch that’s likely to have broad appeal.

The trouble, of course, is that the description comes with fine print that the South Carolinian neglected to mention. For Republicans, the goal is to keep government out of your business and leave you alone, just so long as you don’t want to terminate a dangerous or unwanted pregnancy. Or provide medical care for a transgender minor. Or read the “wrong” library book. Or teach a class the right considers racially provocative. Or run a business with policies the GOP considers “woke.

For the Republican officials who still oppose marriage equality, conservatism is about ensuring the government leaves you alone, just so long as same-sex couples don’t expect equal treatment under the law.

Watching Graham, I also found myself thinking about Texas’ Kate Cox, who had to leave her home state for medical care because of a law approved by conservative legislators, enforced by a conservative state attorney general, and endorsed by conservative state Supreme Court justices.

Conservatives are committed to getting government “out of your business”? Try again, senator

My home state of Louisiana is going to hell in a handbasket. We even have an Aunt Lydia doing the Do’hvenor’s dirty work.   This is a naked attempt to get a database made of whoever has ordered these so-called abortion drugs.   A Shreveport legislator led the call for this silly bill. It’s already illegal to give anyone a drug without their consent. This was clearly a way to get names and information of anyone having or ordering the drugs. I’m on a list for having to order phenobarbital for my cat. That’s what having a scheduled drug means to you in terms of government monitoring.

Pressly’s bill would create the crime of coerced criminal abortion by means of fraud, which would carry a prison sentence of five to 10 years hard labor if committed in the first trimester and 10 to 20 years if committed after that. It would also carry the same penalties for an accomplice.

“It’s clear to me that six months in jail isn’t punishment enough for committing this crime,” Pressly said. “Our family doesn’t believe justice was served in my sister’s case.”

Abortion, including the oral medication to induce abortion, is illegal in Louisiana, but the abortion pills are easily obtained through the mail or out of state, Pressly said.

“It’s illegal in Texas, too, but that didn’t stop the crime against my sister,” Pressly said. “This is an important time to put this law in place.”

You may remember when a former Trump Aide also tried to use the pills on a mistress. “Report: Former Trump Aide Accused Of Slipping Lover Abortion Pill.” What’s happened to the idea that guns don’t kill people, people do? Well, what about slipping pills to women?”

Lousiana must be pleased now that children can work and the employer doesn’t have to give them a lunch break. Several red states are doing this. Why? “What’s Driving the Changes to Child Labor Laws? Several red states are moving to weaken child labor laws. Sponsors say they just want kids to be able to work, but critics complain companies are already exploiting vulnerable populations.”

Last week, the Kentucky House passed a bill that would abolish the state’s child labor laws, in effect replacing them with looser federal standards. The bill would also increase the number of hours that 16- and 17-year-olds can work on school days from six to eight. They’d be able to work up to 30 hours per week during the school year, or even more if their parents approve and they maintain at least a 2.0 grade point average.

Several Republican lawmakers joined with Democrats in opposition, including GOP Whip Jason Nemes, but the bill passed easily. “Our current statutes and regulations unnecessarily restrict the number of hours needed to work, often preventing them from seeking an opportunity to help them pay for college, learn new skills and prepare for the future,” said bill sponsor Phillip Pratt, who owns a landscaping and lawn care company.

Kentucky is far from the only state to consider loosening restrictions for child labor in a variety of industries. Since 2021, legislators in 23 states have introduced at least 61 bills with the same goal: changing labor restrictions for minors, whether it’s working more hours or days, or allowing minors to serve alcohol.

Supporters of these measures describe them in terms of opportunity, offering children the chance not only to earn money but develop skills. “In Iowa, we understand there is dignity in work and we pride ourselves on our strong work ethic,” GOP Gov. Kim Reynolds said in signing a looser child labor law last year. “Instilling those values in the next generation and providing opportunities for young adults to earn and save to build a better life should be available.”

But it’s not just young people that proponents of looser child labor laws have in mind. The nation has faced a workforce shortage since the pandemic, with millions of workers leaving due to death, disability or retirement.

“Corporations have a long history of exploiting every tragedy in front of them for their gain, and to the detriment of many for the wealth of the few,” says Jessie Ulibarri, co-executive director of State Innovation Exchange (SiX), a progressive policy group. “It makes sense that corporations are using their significant financial and legislative power to put kids on the front lines of some of the most dangerous jobs. It will help their bottom line.”

Crazy South Dakota Governor Kristin Noems has issued this command from the Gravel Pit. “Pronouns and tribal affiliations are now forbidden in South Dakota public university employee emails.”

A new South Dakota policy to stop the use of gender pronouns by public university faculty and staff in official correspondence is also keeping Native American employees from listing their tribal affiliations in a state with a long and violent history of conflict with tribes.

Two University of South Dakota faculty members, Megan Red Shirt-Shaw and her husband, John Little, have long included their gender pronouns and tribal affiliations in their work email signature blocks. But both received written warnings from the university in March that doing so violated a policy adopted in December by the South Dakota Board of Regents.

“I was told that I had 5 days to remove my tribal affiliation and pronouns,” Little said in an email to The Associated Press. “I believe the exact wording was that I had ‘5 days to correct the behavior.’ If my tribal affiliation and pronouns were not removed after the 5 days, then administrators would meet and make a decision whether I would be suspended (with or without pay) and/or immediately terminated.”

The policy is billed by the board as a simple branding and communications policy. It came only months after Republican Gov. Kristi Noem sent a letter to the regents that railed against “liberal ideologies” on college campuses and called for the board to ban drag shows on campus and “remove all references to preferred pronouns in school materials,” among other things.

All this is going relatively unnoticed by the public. Here’s one from the Washington Post, a fascism red alert from the Orange Snot Blob once again. “Trump told donors he will crush pro-Palestinian protests, deport demonstrators. Trump has waffled on whether the Israel-Gaza war should end. But speaking to wealthy donors behind closed doors, he said that he supports Israel’s right to continue “its war on terror.”

Former president Donald Trump promised to crush pro-Palestinian protests on college campuses, telling a roomful of donors — a group that he joked included “98 percent of my Jewish friends” — that he would expel student demonstrators from the United States, according to participants in the roundtable event with him in New York.

“One thing I do is, any student that protests, I throw them out of the country. You know, there are a lot of foreign students. As soon as they hear that, they’re going to behave,” Trump said on May 14, according to donors at the event.

When one of the donors complained that many of the students and professors protesting on campuses could one day hold positions of power in the United States, Trump called the demonstrators part of a “radical revolution” that he vowed to defeat. He praised the New York Police Department for clearing the campus at Columbia University and said other cities needed to follow suit, saying “it has to be stopped now.”

“Well, if you get me elected, and you should really be doing this, if you get me reelected, we’re going to set that movement back 25 or 30 years,” he said, according to the donors, who spoke on the condition of anonymity to detail a private event.

Keep an eye on what’s going on in your state and other states for these fascist red alarms. We must start our database and ensure our friends, family, and neighbors know what is what. Vote for democracy!

What’s on your reading and blogging list today?


Lazy Caturday Reads

Happy Caturday!!

Paris Through the Window, Marc Chagall

Paris Through the Window, Marc Chagall

There’s some big news in the stolen documents case today. Special prosecutor Jack Smith has asked Judge Aileen Cannon for a gag order to stop Trump from claiming that the FBI planned to assassinate him when they searched Mar-a-Lago for classified documents that he stole from the government. This is significant, because if Cannon refuses, Smith could appeal to the 11th Circuit court and request that she be removed from the case. 

Here are the basics, from Katelyn Polantz at CNN: Special counsel asks judge for gag order in Trump classified documents case.

Special counsel’s office prosecutors on Friday asked a federal judge in Florida to place a gag order on Donald Trump that would limit his ability to comment about law enforcement that searched his Mar-a-Lago resort.

The request – a first in the classified documents mishandling case – comes after the former president has repeatedly and misleadingly criticized the FBI for having a policy in place around the use of deadly force during the search and seizure of government records at his resort in August 2022.

While Trump has told his supporters he could have been in danger because of the policy, the policy is standard protocol for FBI searches and limits how agents may use force in search operations. The same standard FBI policy was used in the searches of President Joe Biden’s homes and offices in a separate classified documents investigation.

Polanz is minimizing what Trump has said. He actually accused the FBI of trying to kill him and claimed President Biden ordered them to do it.

Prosecutors for special counsel Jack Smith wrote to Judge Aileen Cannon in a filing Friday night that the conditions that allow Trump not to be in jail awaiting trial should be updated.

The request will force Cannon into the center of an intensely charged and politicized battle, grappling with Trump’s ongoing presidential campaign and the First Amendment at the same time prosecutors are escalating their concerns to her about proceedings she oversees. The judge so far has moved slowly to resolve disputes in Trump’s criminal mishandling and obstruction of justice case before her, and no trial date is set.

“Trump‘s repeated mischaracterization as an attempt to kill him, his family, and Secret Service agents has endangered law enforcement officers involved in the investigation and prosecution of this case and threatened the integrity of these proceedings,” prosecutors wrote.

His recent comments, they added, “invite the sort of threats and harassment that have occurred when other participants in legal proceedings against Trump have been targeted by his invective.”

The use of deadly force policy is included among several pages of paperwork governing FBI search protocol and policies when they went to Mar-a-Lago, which was made public in Trump’s case in federal court this week. The paperwork also lays out that agents would wear unmarked, business casual attire, and specifies that if Trump were to arrive at Mar-a-Lago during the search, leadership on site would speak to him and his Secret Service detail.

Alan Feuer writes at The New York Times: Prosecutors Seek to Bar Trump From Attacking F.B.I. Agents in Documents Case.

Federal prosecutors on Friday night asked the judge overseeing former President Donald J. Trump’s classified documents case to bar him from making any statements that might endanger law enforcement agents involved in the proceedings.

Prosecutors tendered the request after Mr. Trump made what they described as “grossly misleading” assertions about the F.B.I.’s August 2022 search of Mar-a-Lago, his private club and residence in Florida. This week, the former president falsely suggested that the F.B.I. had been authorized to shoot him when agents discovered more than 100 classified documents while executing a court-approved search warrant there.

In a social media post on Tuesday, Mr. Trump falsely claimed that President Biden “authorized the FBI to use deadly (lethal) force” during the search.

Mr. Trump’s post came in reaction to an F.B.I. operational plan for the Mar-a-Lago search that was unsealed on Tuesday as part of a legal motion filed by Mr. Trump’s lawyers. The plan contained a boilerplate reference to lethal force being authorized in cases of emergency, which prosecutors said that Mr. Trump badly distorted.

Utagawa Kuniyoshi Cat in a window

Utagawa Kuniyoshi Cat in a window

“As Trump is well aware, the F.B.I. took extraordinary care to execute the search warrant unobtrusively and without needless confrontation,” prosecutors wrote in a motion to Judge Aileen M. Cannon, who is overseeing the classified documents case.

“They scheduled the search of Mar-a-Lago for a time when he and his family would be away,” the prosecutors added. “They planned to coordinate with Trump’s attorney, Secret Service agents and Mar-a-Lago staff before and during the execution of the warrant; and they planned for contingencies — which, in fact, never came to pass — about with whom to communicate if Trump were to arrive on the scene.” [….]

Prosecutors did not seek to impose a gag order on Mr. Trump in the classified documents case, but instead asked Judge Cannon to revise his conditions of release to forbid him to make any public comments “that pose a significant, imminent and foreseeable danger to law enforcement agents participating in the investigation.”

Still, if Judge Cannon agrees to the request, it would mean that Mr. Trump could be placed in custody were he to violate the revised conditions.

You might also want to read Marcy Wheeler’s post: Jack Smith Invites Aileen Cannon to Protect the Country Rather than Just Donald Trump. I’m not going to excerpt from it, because it’s mostly long quotes from the filing.

This is from Andrew Weissmann on Twitter (I refuse to use that other stupid name):

Smart move by Smith as Judge Cannon won’t be likely to grant the gag order, will show her patent bias, and Smith can then appeal to the 11th Circuit.

Asha Rangappa asked him:

Can she just avoid ruling on it, like she has everything else?

Weissmann:

in theory yes, but I don’t think if she tries that ploy that Smith won’t mandamus her, and her lack of action one way or the other will look really bad on appeal.

I’ll be waiting anxiously to see what Loose Cannon does or doesn’t do.

Some analysis of Trump’s victimization strategy by Juliette Kayem at The Atlantic: Trump’s Assassination Fantasy Has a Darker Purpose.

When Donald Trump insinuated this week that his successor and the FBI were out to kill him, he showed how central violence has become to his conception of political leadership. The former president declared Tuesday on Truth Social, his social-media platform, that he “was shown reports Crooked Joe Biden’s DOJ, in their illegal and UnConstitutional Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL FORCE).” [….]

The genesis of the former president’s complaint is that, when the FBI searched Mar-a-Lago in August 2022 to obtain classified documents that were at the center of an investigation, agents were explicitly authorized to use force. This was not remotely unusual: FBI agents are routinely armed. The “reports” that Trump saw misinterpreted the parameters of the search, which—as the security analysts Asha Rangappa and Tom Joscelyn explained in Just Security—was guided by elaborate restrictions on when weapons could be used. The FBI subsequently said it followed a “standard policy statement limiting the use of force.” Attorney General Merrick Garland noted today that similar conditions were used in a search related to classified documents at Biden’s home in Delaware.

Victor Lukyanov, Summer Rain

Victor Lukyanov, Summer Rain

The FBI had also carefully arranged to enter Trump’s property when he would be out of state—an odd way of carrying out an assassination. Still, the idea that Trump had been at physical risk rocketed across Truth Social. The X account of the House Judiciary Committee Republicans reposted—with the addition of siren emojis—a thread insinuating that FBI agents were acting like the “Gestapo” and had “risked the lives of Donald Trump, his family, his staff, and MAL guests.” Trump’s campaign upped the hysteria with a fundraising email declaring that “BIDEN’S DOJ WAS AUTHORIZED TO SHOOT ME!” and that “Joe Biden was locked & loaded ready to take me out & put my family in danger.” By evening, the longtime Trump ally Steve Bannon was asserting that “this was an attempted assassination attempt on Donald John Trump or people associated with him.” [….]

The claim that Biden and the FBI were looking to kill Trump is easy to dismiss as the typical hyperbolic ranting of the ex-president and his fans, and it competes in the news with other disturbing things he says and does. The assassination claim initially seemed to have come and gone in the news cycle. But the story was still out there, to be absorbed by Trump’s audience.

Since the January 6 insurrection at the Capitol, Trump has become more and more apocalyptic in his language. This week, he sent another dangerous signal to his supporters: FBI agents are an armed enemy, ready to assassinate the former president. Unless, of course, Trump and his mob get to them first.

Trump’s Bronx Rally

On Thursday, Trump held a rally in the Bronx, and, as usual, created some controversy that the mainstream media pretty much ignored.

Edith Olmstead at The Daily Beast: Trumpworld Claims 25,000 People Attended His Rally. Aerial Shots Show Otherwise.

Trumpworld is once again splintering from reality. This time, the diversion relates to counting—specifically, how many people attended Donald Trump’s rally in the Bronx on Thursday.

Trump, who has long obsessed over the size of crowds at his events, shared an article from Right Side Broadcasting Network to his Truth Social account that quoted the Trump campaign as saying 25,000 people attended the “electrifying” event. The New York Times reported that Trump’s team had acquired a permit for an event for 3,500 people.

“The sheer numbers show the great enthusiasm that President Trump has gained among voters in even the bluest areas of the United States,” the Right-Side Broadcasting Network article crowed.

That number later appeared on Fox News, was shared across various MAGA social media accounts, and also popped up on the official X account of the Republican Party.

But aerial footage of the event, and The Daily Beast’s reporter on the ground, told a different story. ABC7’s coverage of the event showed a much smaller crowd located in an amphitheater at Crotona Park.

While law enforcement told the New York Post that the crowd was between 8,000 and 10,000 people, The Daily Beast had a reporter in attendance, who estimated about 1,000 people were there.

You can see photos at the Daily Beast link.

oscar-cat-in-window-painting-annie-troe

Oscar, by Annie Troe

At the rally, Trump invited some local criminals to share the stage with him. Talia Jane at The New Republic: Trump Proudly Accepts Endorsements From Rappers Charged With Murder.

Criminals of a feather flocked together on Thursday as Trump hosted two Brooklyn rappers out on bail for murder conspiracy during a campaign rally in the Bronx.

Rappers Sheff G and Sleepy Hallow were indicted in 2023, alongside some 30 other people, as part of a massive investigation into two rival Brooklyn gangs. Sheff G—real name Michael Williams—allegedly used his accomplishments to help fund widespread violence. According to the New York Daily News, Williams was released on a $150,000 cash or $1 million bond in April after being charged with conspiracy, multiple murder counts, criminal possession of a weapon, assault with a weapon, and 12 shootings. Williams’s lackey Sleepy Hallow—real name Tegan Chambers—was released with a $200,000 cash or $150,000 bond bail for conspiracy charges.

Trump proudly brought the rappers on stage with him to give remarks to the red behatted crowd on Thursday. Williams told the crowd, “They’re always going to whisper the accomplishments and shout your failures. Trump gonna shout the wins for all of us.”

Chambers kept it even more brief and simply shouted, “Make America Great Again.”

Update on the Alito Flag Controversy

Justin Jouvenal and Ann E. Marimow at The Washington Post: Wife of Justice Alito called upside-down flag ‘signal of distress.’

The wife of Supreme Court Justice Samuel A. Alito Jr. told a Washington Post reporter in January 2021 that an upside-down American flag recently flown on their flagpole was “an international signal of distress” and indicated that it had been raised in response to a neighborhood dispute.

Martha-Ann Alito made the comments when the reporter went to the couple’s Fairfax County, Va., home to follow up on a tip about the flag, which was no longer flying when he arrived.

The incident documented by reporter Robert Barnes, who covered the Supreme Court for The Post for 17 years and retired last year, offers fresh details about the raising of the flag and the first account of comments about it by the justice’s wife.

So why didn’t we hear about this in 2021??

The Post decided not to report on the episode at the time because the flag-raising appeared to be the work of Martha-Ann Alito, rather than the justice, and connected to a dispute with her neighbors, a Post spokeswoman said. It was not clear then that the argument was rooted in politics, the spokeswoman said.

Maria Karalyos, Black cat in the window

Maria Karalyos, Black cat in the window

Oh really? Does the Post really think Martha-Ann would or could do this without him noticing?

The upside-down flag has long been a sign of distress for the military and protest by various political factions. In the fraught weeks before and after the Jan. 6, 2021, attack on the U.S. Capitol, it had also been adopted by supporters of the “Stop the Steal” movement, which embraced Donald Trump’s false claims that Joe Biden stole the election from him. Some of the rioters who participated in the attack had carried upside-down American flags with them.

The display of the politically charged symbol outside the Alitos’ home became a public controversy last week after the New York Times reported on it, raising new ethics questions for the Supreme Court as it prepares to issue pivotal rulings in two cases related to efforts by Trump and his supporters to block Biden’s 2020 election victory.

So if the NYT hadn’t reported on this, the WaPo would have stayed silent?

The Post subsequently reported on May 17 that residents said the flag was raised following a heated confrontation between Martha-Ann Alito and a neighbor over political yard signs, one of which carried a profane anti-Trump message and another that carried a message along the lines of “you are complicit.” One resident, who like the others spoke on the condition of anonymity to protect their privacy in a sensitive situation, said the flag flew for between two and five days.

Samuel Alito told Fox News last week that the signs attacked his wife directly. Martha-Ann Alito has not publicly commented on the recent reports.

Now the Post tells us what really happened in 2021:

On Jan. 20, 2021 — the day of Biden’s inauguration, which the Alitos did not attend — Barnes went to their home to follow up on the tip about the flag. He encountered the couple coming out of the house. Martha-Ann Alito was visibly upset by his presence, demanding that he “get off my property.”

As he described the information he was seeking, she yelled, “It’s an international signal of distress!”

Alito intervened and directed his wife into a car parked in their driveway, where they had been headed on their way out of the neighborhood. The justice denied the flag was hung upside down as a political protest, saying it stemmed from a neighborhood dispute and indicating that his wife had raised it.

Martha-Ann Alito then got out of the car and shouted in apparent reference to the neighbors: “Ask them what they did!” She said yard signs about the couple had been placed in the neighborhood. After getting back in the car, she exited again and then brought out from their residence a novelty flag, the type that would typically decorate a garden. She hoisted it up the flagpole. “There! Is that better?” she yelled.

Wow. She sounds kind of unhinged.

Justice Sotomayor Speaks Out

Abbie VanSickle at The New York Times: Justice Sotomayor Describes Frustration With Being a Liberal on the Supreme Court.

Some days, after Justice Sonia Sotomayor listens to the Supreme Court announce its decisions, she goes into her chambers, shuts the door and weeps.

“There are days that I’ve come to my office after an announcement of a case and closed my door and cried,” Justice Sotomayor told a crowd on Friday at the Radcliffe Institute at Harvard University, where she was being honored. “There have been those days. And there are likely to be more.”

The comments about the challenges of being a liberal on a court dominated by conservatives came at the tail end of a public conversation with her friend and law school classmate, Martha Minow, a former dean of Harvard Law School and human rights scholar.

Kyohei Inukai, Cat resting on a window sill

Kyohei Inukai, Cat resting on a window sill

The justice set a tone of optimism even as she voiced frustration with some of the court’s rulings, a possible signal that the end of the term, when the most high-profile decisions typically land, could bring more conservative victories. She urged a long-term view of pushing for the values she views as guiding principles — equality, diversity and justice.

“There are moments when I’m deeply, deeply sad,” she said, without citing any specific cases. “There are moments when, yes, even I feel desperation. We all do. But you have to own it, you have to accept it, you have to shed the tears and then you have to wipe them and get up.”

Decisions in dozens of cases are still pending, including on abortion, guns, the free speech rights of social media companies, the regulatory power of government agencies and whether former President Donald J. Trump is immune from prosecution on charges of plotting to overturn the 2020 election.

Libertarians in Disarray

Today Trump will speak at the Libertarian Convention and it may not go well for him.

NBC News: Libertarian convention crowd appears hostile to Trump ahead of Saturday speech.

Trump is set to deliver a speech Saturday at the 2024 Libertarian National Convention, and if Friday night’s program is any indication, he could be facing a hostile crowd.

Former GOP presidential candidate Vivek Ramaswamy, who quickly endorsed Trump after dropping out, was booed during his convention remarks Friday night when he mentioned Trump.

“I’m speaking to you as a libertarian at my own core. I have gotten to know Donald Trump over the course of the last several years and the last several months,” Ramaswamy said as many in the crowd booed in response.

Ramaswamy continued, urging the audience of about 100 to ask themselves if they wanted to influence the next administration.

Separately, as Libertarian party members reviewed procedures and motions, a person at a microphone proposed that “we go tell Donald Trump to go f— himself.”

The audience cheered and roared with applause.

“That was my motion too!” another man yelled. “We are a Libertarian convention looking to nominate Libertarians. We do not need to give that time to non-Libertarians.”

Behind the two men, a third chanted, “F— Donald Trump.”

Politico: Libertarian convention devolves into fighting, obscenities on eve of Trump’s visit.

Donald Trump won’t be speaking to his usual self-selected crowd of adoring red-hatted MAGA fans when he addresses the Libertarian National Convention on Saturday.

As delegates gathered at the Washington Hilton on the eve of his speech, the party’s decision to host the former president, which had split the organization, erupted Friday into open revolt. Fuming delegates at the convention said they plan to protest Trump’s speech, and one group sought unsuccessfully to remove the former president along with Robert F. Kennedy Jr., from the agenda — a move that resulted in thrown punches and obscenities between supporters and opponents of the move.

“I would like to propose that we go tell Donald Trump to go fuck himself!” Kaelan Dreyer, a Libertarian from New Mexico, yelled into a microphone, winning cheers from the crowd. After shouting vulgarities at the convention’s chair and fending off punches, he was led out of the convention hall.

ralph-hedley--blinking-in-the-sun-cat-in-a-cottage-window

Ralph Hedley, Blinking in the sun

The raucous opening to the convention reflects the pockets of hostility that Trump faces as he appeals to the Libertarians to help him box out a growing, third-party threat from Kennedy’s independent presidential campaign.

“The vast majority of Libertarian Party members are not happy with this invitation,” said Bill Redpath, a 40-year veteran of the Libertarian Party and a former national party chair who’s helped organize their presidential ballot access for decades. “There are some people who call Trump the most Libertarian president of our lifetimes. That’s utterly ridiculous.”

Suburban Philadelphia options trader Jeff Yass, a libertarian and one of the GOP’s biggest donors, who was not in attendance at the convention, said it was “unclear” whether Trump could make inroads with libertarian voters. Yass, who bankrolled an effort to stop Trump from winning the Republican nomination and financed several of his primary opponents, has said he doesn’t plan to contribute to Trump, but will vote for him.

“He has some libertarian instincts for sure. Anti-war is big,” said Yass, who has also praised Trump for his support for education reform policies, which the two have spoken about. “But anti-immigrant, anti-free trade are not good.”

I guess he’s not bothered by Trump’s fascist tendencies.

“Polling Risk for Trump?”

The New York Times’ Nate Cohn on the current state of the presidential polls: A Polling Risk for Trump. His advantage may not be as stable as it looks.

The polls have shown Donald Trump with an edge for eight straight months, but there’s a sign his advantage might not be quite as stable as it looks: His lead is built on gains among voters who aren’t paying close attention to politics, who don’t follow traditional news and who don’t regularly vote.

Disengaged voters on the periphery of the electorate are driving the polling results — and the story line — about the election.

President Biden has actually led the last three New York Times/Siena national polls among those who voted in the 2020 election, even as he has trailed among registered voters overall. And looking back over the last few years, almost all of Trump’s gains came from these less engaged voters.

Importantly, these low-turnout voters are often from Democratic constituencies. Many back Democratic candidates for U.S. Senate. But in our polling, Biden wins just three-quarters of Democratic-leaning voters who didn’t vote in the last cycle, even as almost all high-turnout Democratic-leaners continue to support him.

This trend illustrates the disconnect between Trump’s lead in the polls and Democratic victories in lower-turnout special elections. And it helps explain Trump’s gains among young and nonwhite voters, who tend to be among the least engaged.

Trump’s dependence on these voters could make the race more volatile soon. As voters tune in over the next six months, there’s a chance that disengaged but traditionally Democratic voters could revert to their usual partisan leanings. Alternately, they might stay home, which could also help Biden.

Read more at the NYT.

I guess that’s enough politics news for today. Have a nice Memorial Day weekend.