A new ruling out of Alabama may spell the beginning of the end of the third-party fertility industry—and its reasoning partially relies on a verse from the Bible.
On Friday, the Alabama Supreme Court decided that embryos created through in-vitro fertilization would be protected under the Wrongful Death of a Minor Act, effectively classifying single-celled, fertilized eggs as children.
The case, known as LePage v. Mobile Infirmary Clinic, Inc, rested upon an argument by several intended parents that their “embryonic children” had been victims of a wrongful death when an intruder broke into the IVF clinic, dropping trays containing some of the embryos and ultimately destroying them.
In a 7–2 decision, Alabama’s highest court ruled that the clinic had been negligent, allowing the parents to proceed with a wrongful death lawsuit. The court also ruled that it is “the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life,” referring to the Alabama Constitution’s Sanctity of Life Amendment, ratified in 2018.
“Here, the text of the Wrongful Death of a Minor Act is sweeping and unqualified,” wrote Alabama Supreme Court Associate Justice Jay Mitchell in the majority’s opinion. “It applies to all children, born and unborn, without limitation. It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”
But the opinion also quotes the Bible as reasoning for functionally killing IVF access within the aggressively pro-life state, turning to an eyebrow-raising verse from Jeremiah 1:5 for guidance before deciding to make it harder for Alabamans to have a family.
“We believe that each human being, from the moment of conception, is made in the image of God, created by Him to reflect His likeness. It is as if the People of Alabama took what was spoken of the prophet Jeremiah and applied it to every unborn person in this state: ‘Before I formed you in the womb I knew you, Before you were born I sanctified you.’ Jeremiah 1:5 (NKJV 1982),” the opinion read.
This decision ultimately stems from the Supreme Court’s Dobbs decision (which also originated in Alabama) that overturned Roe v. Wade. Will birth control be next? Or will it be same sex marriage?
The five justices of the U.S. Supreme Court who overturned Roe v. Wade 20 months ago Saturday gave a green light to a new brand of Republican extremism in hyperdrive — a hyperdrive that has been on full, frightening display this week.
Still Life, Quick Heart, by Ruskin Spear
Many of the most extreme legal developments since late 2020 have been advanced by far-right Christian legal advocates or authoritarian Trump backers. In turn, the Supreme Court’s June 2022 ruling in Dobbs v. Jackson Women’s Health Organization and other rulings since then have empowered those advocates to go further.
Three of the biggest stories in the news this week are, more or less directly, the result of Justice Sam Alito’s Dobbs opinion for the court — joined as it was by Justice Clarence Thomas and Donald Trump’s three appointees, Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Mix in Gorsuch’s 2023 opinion for those five justices and Chief Justice John Roberts in the wedding website (that wasn’t) case that created a First Amendment exemption to public accommodations nondiscrimination laws, and we arrive at 2024.
The Alabama Supreme Court’s attack on in vitro fertilization (IVF), a pair of attacks on marriage equality, and the attack on Nex Benedict in Oklahoma and their death the next day all emerge from the ideology of, devices employed by, and cases decided by this Supreme Court majority.
We ignore their connections and danger at the peril of all who do not want this to become our national reality.
Analysis of the Alabama Supreme Court’s ruling:
On Feb. 16, the Alabama Supreme Court allowed wrongful-death lawsuits to proceed against a lab that allegedly negligently allowed the destruction of frozen embryos created for IVF purposes. In order to permit those lawsuits, the court first had to conclude that frozen embryos in a lab are children. The nine-member all-Republican court, with little difficult and only two dissenting justices, did so.
Much has been written about the first-of-its-kind decision, which has already led the state’s largest hospital to pause IVF treatments in the wake of the ruling. Significant attention has been given to Chief Justice Thomas Parker’s outright-theocracy concurring opinion, which it certainly deserves.
I’d like to focus instead on the majority opinion from Justice Jay Mitchell, which is extreme in its own ways — and highlights the dangerous faux-jurisprudence that the U.S. Supreme Court has encouraged.
In order to reach its ruling, the court needed to ignore its own past precedents that congruence between the state’s criminal-homicide statute and wrongful-death statute was needed. This is important because the state’s Wrongful Death of a Minor Act was passed in 1872. The court had justified expanding that civil law to fetuses in utero based on an expansion of the criminal law to include fetuses in utero and the claimed need for congruence between the two laws. Now that the court wanted to go further than the criminal law, it just ignored those rulings — overruling them without saying so, as Justice Greg Cook stated in his dissenting opinion.
Or, as Justice Will Sellers wrote more bluntly, “To equate an embryo stored in a specialized freezer with a fetus inside of a mother is engaging in an exercise of result-oriented, intellectual sophistry, which I am unwilling to entertain.”
The court also went far afield of what was necessary for its ruling. After claiming that “[t]here is simply no … ambiguity” about the word “child” in the Wrongful Death of a Minor Act, the court then got into what ordinarily would then not have been a part of the opinion at all: An extended discussion of the “Sanctity of Unborn Life’ provision of the Alabama Constitution [quoted in previous article].
Friends, Romans, frozen extrauterine children, lend me your ears. Except for the extrauterine children, that is – they obviously don’t have ears. Nor do they have fully formed brains, nervous systems or organs. Nevertheless, according to Alabama’s supreme court – in a decision which has which paved the way for two wrongful death suits to proceed against a fertility clinic – frozen embryos are “children” and should be treated as such.
Théophile-Alexandre Steinlen, Apatheosis of Cats
So what does this mean? Well, in the immediate term it means that if you’re going through fertility treatments in Alabama your life just got upended. Numerous embryos tend to be created and then frozen during the IVF process because it maximizes the chances of success, is more cost-effective and reduces the health risks of the procedure. Surplus embryos are then disposed of or donated. If every frozen embryo is suddenly deemed a child, it means that disposing of the embryo – or having a machine malfunction and accidentally ruin an embryo – would be a criminal act. It even throws into question the standard practice of freezing embryos. After all, you wouldn’t stick a child in a freezer, would you?
In short, a handful of Republican judges in Alabama have effectively made IVF too legally dangerous to practice in the state. Already at least three fertility providers in Alabama have said that they are pausing IVF because of the risks. This is unbelievably cruel to people currently going through fertility treatments that, even in the best of times, can take a major emotional, physical and financial toll.
While the Alabama decision is unprecedented and shocking, it’s far from surprising. It has been clear for a while now that IVF could be at real risk because of anti-abortion extremists. Several “personhood” bills, which define life as beginning at the moment of fertilization have been introduced across the US, resulting in a mess of thorny legal questions about what it means to treat fertilized eggs, embryos and fetuses as people. For example: can you claim a fetus as a dependent on your tax return? In Georgia, which has a fetal personhood law, you can! Pregnant people can also drive in the high-occupancy lane, which requires two or more passengers, to be in the car. The Alabama ruling is a major victory for the growing fetal personhood movement: expect IVF to come under scrutiny in many more states.
Why is this happening, if Republicans want people to have more children?
There are a lot of answers to this question. The politest one is that many of the people arguing that embryos are people have zero understanding of reproductive medicine. Certainly the Alabama supreme court justices seem more concerned with theology than biology. Their ruling seems to have been heavily influenced by the Bible and repeatedly references God and biblical scholars. Chief Justice Thomas Parker, for example, wrote: “Human life cannot be wrongfully destroyed without incurring the wrath of a holy God … even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.” (If this is true, by the way, then God must have incurred a lot of wrath towards Alabama: the state has one of the highest execution rates in the US and recently made headlines for executing a prisoner with nitrogen gas, an untested method that the UN has condemned as cruel.)
Former Gov. Nikki Haley, R-S.C., gets a lot of glowing coverage simply because she occasionally criticizes Donald Trump in her fruitless presidential primary run against him. So it was rattling for many when, on Wednesday, Haley reminded everyone she’s ensconced in the fringe worldview of the Christian right. When asked about a recent Alabama Supreme Court ruling that is expected to destroy in vitro fertilization (IVF) in the state and threatens access across the country, Haley told CNN she agreed with the decision, claiming to believe frozen embryos are “babies.”
By Skadi Engeln
The Republican-controlled court in Alabama ruled on Friday that lab-created human embryos are “children.” Setting aside the odd details of this specific case, the ruling treats the loss of embryos, typically part of the IVF process, as the equivalent of child murder. The University of Alabama at Birmingham’s Division of Reproductive Endocrinology and Infertility has already canceled all IVF treatment out of fear that “our patients and our physicians could be prosecuted criminally or face punitive damages.”
Haley, for her part, seems surprised by the blowback and has been scrambling with nonsensical claims that she was only talking about “parental rights” when she initially supported the extreme ruling, ignoring the fact that parents have no right to kill babies in any of the 50 states.
A lot of people are understandably shocked to learn that the anti-abortion movement also hates IVF. After all, the movement claims to be all about motherhood. One would think the people who are always yammering on about how a woman’s greatest purpose is giving birth would celebrate those who endure IVF, which is both painful and expensive, just so they can have a baby. But no, the Christian right wants to end IVF for two reasons: First, because of the bottomless misogyny and homophobia that fuels the movement. Second, because the end goal for the Christian right is to turn the U.S. into a theocracy, and banning IVF helps them get there.
It’s important to understand that what the Christian right really wants is not motherhood, per se, but a social order where women are second class citizens. They take a dim view of not just abortion and contraception, but all reproductive technologies that make it easier for women to exercise autonomy over their lives. There’s a widespread perception that IVF is primarily used by lesbians, single women, and women who waited until their 30s to get married. (In reality, there are many reasons, including male infertility.) Conservatives view IVF as a cheat code for feminists who want to have children on their own terms. They would prefer a system where the only path to motherhood is being trapped with a Trump-voting husband who controls your checking account so you can’t leave.
Read the rest at Salon.
Now that Republicans realize how unpopular this decision is, they are running away from it as fast as they can, claiming they support IVF and always have.
Republicans have spent five decades coalescing around the idea that life begins at conception.
They’ve spent the last week scrambling to figure out whether they really believe that includes frozen embryos.
Théophile-Alexandre Steinlen, A Cat and Her Kitten
Republican divisions over how to respond to the Alabama Supreme Court’s ruling granting personhood rights to embryos is a striking change after a generation where the party moved solidly to the right on abortion and all but rooted out any opposition to its anti-abortion platform.
IVF — and specifically how to handle unused, frozen embryos — was rarely, if ever, discussed outside of the rightmost fringes of anti-abortion and religious circles.
As Republicans rush to understand what the procedure entails and the ripple effects from the Alabama ruling, conservative leaders warn that a failure to quickly reach a consensus will open up candidates to more attacks from Democrats, who are eager to recycle playbooks from recent electoral successes and paint Republicans as extreme and out of touch with most Americans.
“My best advice for Republicans, if they don’t want to deal with Democrats doing unfair attacks, is to come up with a reasonable policy,” said Terry Schilling, president of the American Principles Project, a right-leaning think tank. “They should come up with what they actually believe and support and stand for, and it should be popular and in line with where the American people want to go.”
If they actually did that, they would be Democrats or Independents.
The National Republican Senatorial Committee on Friday released talking points instructing Republicans to voice support for the procedure, a process millions of people who might oppose abortion support and that some, like former Vice President Mike Pence, have used. But they’ve eschewed the thornier details amid private disagreements among those in the anti-abortion movement about whether viable but unimplanted embryos count as life — and, by extension, whether destroying them is tantamount to abortion.
“I’m hearing disagreement among various groups. There’s an attempt to come to a resolution on an agreeable policy for everyone, and in my experience, that’ll never happen,” said a longtime GOP strategist who works with anti-abortion groups, who was granted anonymity because he did not have authorization to speak publicly. “I’ve heard firsthand or secondhand from a number of different House and Senate members, and everybody’s like, ‘What should we be saying right now?’”
Even Trump is saying he loves IVF and wants Alabama to make it possible–even though he probably has no idea what IVF entails. But don’t believe what Republicans are saying. Check this out:
Most House Republicans have cosponsored a bill declaring that life begins from the moment of conception, a position under increased scrutiny after the Alabama Supreme Court ruled that frozen embryos are “unborn children.”
This Congress, 125 House Republicans — including Speaker Mike Johnson — have cosponsored the “Life at Conception Act,” which states that the term “human being” includes “all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.”
The bill does not include any exception for in vitro fertilization (IVF), a reproductive treatment that allows mothers to fertilize several eggs outside the womb in order to increase the chances of a viable pregnancy.
Several healthcare providers in Alabama have already halted IVF programs in the wake of the ruling, given that IVF treatments may include the discarding of fertilized eggs, which may now violate the state’s Wrongful Death of a Minor Act….
[Mike] Johnson, one of the cosponsors of the bill, largely controls the House floor. His evangelical Christian views have entailed staunch opposition to abortion in the past.
“When a woman is pregnant, science tells us the new life she carries is a completely separate and fully new human being from the moment of fertilization,” Johnson said during a 2021 hearing on Texas’s 6-week abortion ban.
But in a statement on Friday night after the initial publication of this article, Johnson stated that he supports IVF treatment and applauded Alabama lawmakers for moving to protect the treatment in the wake of the ruling.
“I believe the life of every single child has inestimable dignity and value,” said Johnson. “That is why I support IVF treatment, which has been a blessing for many moms and dads who have struggled with fertility.”
Sure, Mike.
Meanwhile, Alabama is struggling to deal with the crisis caused by their Supreme Court.
A bipartisan effort is underway in the Alabama House and Senate to draft “clarifying” legislation that would “protect” in vitro fertilization treatments following the court’s ruling, state legislative sources told CNN.
Alabama House Democrats introduced a bill Thursday that would establish fertilized human eggs stored outside a uterus are not considered human beings under state law.
Republican state senators are soon expected to file similar legislation, one source said, but they were unsure of the exact timing.
The lawmakers’ efforts come as medical experts and critics fear the court’s first-of-its-kind decision – which can put those who discard unwanted embryos at risk of being held liable for wrongful death – could have a profound effect on fertility treatment operations in the state and devastating ramifications for people hoping to build their families through IVF….
Alabama Attorney General Steve Marshall weighed in on the issue on Friday. Marshall said he “has no intention of using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” in a statement from Chief Counsel Katherine Robertson.
Marshall’s statement comes a week after the state Supreme Court ruling embryos – whether they’re within or out of a uterus – are children and would be protected under Alabama’s Wrongful Death of a Minor Act, which allows parents to sue for punitive damages when their child dies.
The decision of the Alabama supreme court on in vitro fertilization, granting legal protections to frozen fertilized eggs, drew fire from President Joe Biden and other Democratic leaders on Thursday, laying responsibility for the decision on the US supreme court’s ruling overturning Roe v Wade in 2022.
“A court in Alabama put access to some fertility treatments at risk for families who are desperately trying to get pregnant,” Biden said in prepared remarks on Thursday. “The disregard for women’s ability to make these decisions for themselves and their families is outrageous and unacceptable.” [….]
Biden said he and the vice-president, Kamala Harris, are “fighting for the freedom of women, for families and for doctors who care for these women”, pledging to restore protections previously afforded under Roe v Wade.
Harris has been on a multistate Fight for Reproductive Freedoms tour since December. She took it to Grand Rapids, Michigan, today, 12 days before the state’s presidential primary. Michigan added protections for abortion to its state constitution with a ballot measure last year.
Harris met with the Michigan governor, Gretchen Whitmer, and Senator Debbie Stabenow to discuss abortion rights.
Harris described the ruling as an attack on people trying to start families. “On the one hand, proponents are saying an individual doesn’t have a right to end an unwanted pregnancy, and on the other hand, the individual does not have a right to start a family,” she said. “And the hypocrisy abounds on this issue when you also consider that in the top 10 states with maternal mortality, there are abortion bans.”
I really think Republicans could lose in 2024 over these issues. What do you think?
Did you like this post? Please share it with your friends:
Portrait of Vsevolod Emilievich Meyerhold, by Pytr Konchalovsk, 1938
Today’s big political story: House Republicans’ efforts to impeach President Biden for supposed corruption involving his son Hunter is in deep trouble. You probably heard that their star witness has been indicted and arrested for lying to the FBI. On top of that, his “evidence” came from the Kremlin. Republicans are the Putin Party. Here’s the latest:
The former FBI informant charged with lying about the Bidens’ dealings in Ukraine told investigators after his arrest that Russian intelligence officials were involved in passing information to him about Hunter Biden, prosecutors said Tuesday in a new court filing, noting that the information was false.
Prosecutors also said Alexander Smirnov has been “actively peddling new lies that could impact US elections” after meeting with Russian spies late last year and that the fallout from his previous false bribery accusations about the Bidens “continue[s] to be felt to this day.”
Smirnov claims to have “extensive and extremely recent” contacts with foreign intelligence officials, prosecutors said in the filing. They said he previously told the FBI that he has longstanding and extensive contacts with Russian spies, including individuals he said were high-level intelligence officers or command Russian assassins abroad.
Prosecutors with special counsel David Weiss’ team said Tuesday that Smirnov has maintained those ties and noted that, in a post-arrest interview last week, “Smirnov admitted that officials associated with Russian intelligence were involved in passing a story about Businessperson 1,” referring to President Joe Biden’s son, Hunter Biden.
The revelations about Smirnov’s alleged foreign contacts were disclosed as part of prosecutors’ arguments to keep him jailed ahead of trial – though a federal judge later granted Smirnov’s release with several conditions, including GPS monitoring and the surrender of his two passports. Smirnov declined to answer questions as he left the courthouse Tuesday evening.
Prosecutors alleged that Smirnov “claims to have contacts with multiple foreign intelligence agencies,” including in Russia, and that he could use those contacts to flee the United States.
The explosive revelation comes amid backlash over how Smirnov’s now-debunked allegations played into House Republicans’ impeachment inquiry into the president.
Read more details at CNN.
From the Associated Press:
A former FBI informant charged with making up a multimillion-dollar bribery scheme involving President Joe Biden, his son Hunter and a Ukrainian energy company had contacts with Russian intelligence-affiliated officials, prosecutors said Tuesday.
Prosecutors revealed the alleged contact as they urged a judge in Las Vegas to keep Alexander Smirnov behind bars while he awaits trial. But U.S. Magistrate Judge Daniel Albregts allowed Smirnov to be released from custody on electronic GPS monitoring.
Joan Brown, Noel in the Kitchen (circa 1964).
He is accused of falsely telling his FBI handler that executives with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each around 2015 — a claim that became central to the Republican impeachment inquiry in Congress….
According to prosecutors, Smirnov admitted in an interview after his arrest last week that “officials associated with Russian intelligence were involved in passing a story” about Hunter Biden. They said Smirnov’s contacts with Russian officials were recent and extensive, and said Smirnov had planned to meet with one official during an upcoming overseas trip….
Prosecutors said Smirnov, who holds dual U.S.-Israeli citizenship, falsely reported to the FBI in June 2020 that executives associated with Burisma paid millions of dollars to Hunter and Joe Biden in 2015 or 2016.
But Smirnov had only routine business dealings with the company starting in 2017 and made the bribery allegations after he “expressed bias” against Joe Biden while he was a presidential candidate, according to prosecutors.
He is charged with making a false statement and creating a false and fictitious record. The charges were filed in Los Angeles, where he lived for 16 years before relocating to Las Vegas two years ago.
Smirnov’s claims have played a major part in the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden. Democrats called for an end to the probe after the Smirnov indictment came down last week, while Republicans distanced the inquiry from his claims and said they would continue to “follow the facts.”
Republicans’ main witness in their efforts to impeach Joe Biden has already been charged with lying to the FBI. Now he has also admitted to having ties to Russian intelligence officers.
Alexander Smirnov, a longtime FBI informant with ties to Ukraine, had claimed to have proof of Biden and his son Hunter accepting bribes from a Ukrainian oligarch. Republicans repeatedly touted Smirnov’s claims in their quest to impeach the president. But last week, the Justice Department announced that it was charging Smirnov with making a false statement and creating a false record related to the bribery allegation.
Now, in a detention memo filed Tuesday, the Justice Department revealed that Smirnov confessed that Russian intelligence officers helped him smear Hunter Biden.
“During his custodial interview on February 14, Smirnov admitted that officials associated with Russian intelligence were involved in passing a story about” the younger Biden, the filing said.
Smirnov also told the FBI that he had had repeated contact with a Russian official who, as Smirnov told it, was “the son of a former high-ranking Russian government official, someone who purportedly controls two groups of individuals tasked with carrying out assassination efforts in a third-party country, a Russian representative to another country, and … someone with ties to a particular Russian intelligence service.”
Laurie Simmons, Blonde-Aqua Sweater-Dog (2014).
Smrinov initially tried to spread the Biden Ukrainian corruption story just before the 2020 election, but Justice Department prosecutors are warning that Smirnov’s “misinformation” goes far beyond that.
“He is actively peddling new lies that could impact U.S. elections after meeting with Russian intelligence officials in November,” they said in the filing.
The memo notes that Smirnov himself reported several meetings with Russian officials as recently as December 2023.
The charges against Smirnov are the latest major fail in Republicans’ attempts to impeach Biden, which has been nothing but a comedy of errors. For almost a year, the GOP has insisted that Biden and his son are guilty of corruption. Republicans have not produced a shred of concrete evidence of their claims, but they have repeatedly upheld accusations from a supposedly credible but confidential FBI source (whom we now know is Smirnov) as reason enough to keep investigating the president.
Attorneys for Hunter Biden on Tuesday moved to dismiss tax-related charges brought by special counsel David Weiss in California, accusing prosecutors of selectively targeting President Joe Biden’s son, violating a statute of limitations, and filing duplicative charges on three counts of failure to pay and tax evasion.
“The special counsel has gone to extreme lengths to bring charges against Mr. Biden that would not have been filed against anyone else,” Hunter Biden’s attorney Abbe Lowell said in a statement.
“Prosecutors reneged on binding agreements, bowed to political pressure to bring unprecedented charges, overreached in their authority, ignored the rules and allowed their agents to run amok, and repeatedly misstated evidence to the court to defend their conduct. It is time to hold the special counsel accountable and dismiss these improper charges,” Lowell said.
Weiss’ office charged Hunter Biden in December with nine felony and misdemeanor charges stemming from his failure to pay $1.4 million in taxes for three years during a time when he was in the throes of addiction. Hunter Biden has pleaded not guilty to all charges.
The back taxes and penalties were eventually paid in full by a third party, identified by ABC News as Hunter Biden’s attorney and confidant, Kevin Morris.
In his motions on Tuesday, Lowell reiterated many of the arguments he waged in his efforts to dismiss three additional felony counts Biden faces in Delaware – charges to which Biden has also pleaded not guilty.
Lowell claimed that the tax indictment is the result of a selective and vindictive prosecution stemming from political pressure, that Weiss was not properly appointed special counsel and therefore lacks authority to file charges, and that an immunity agreement struck by the two parties last summer remains in effect.
Lowell also argued that the statute of limitations for Biden’s alleged failure to pay taxes in 2016 expired in April 2023.
As Donald Trump’s legal troubles consume more and more of his time, they’re also consuming more of his donors’ money—and there’s a huge hole in the bucket.
On Tuesday, Trump’s “Save America” leadership political action committee reported raising just $8,508 from donors in the entire month of January, while spending about $3.9 million, according to a new filing with the Federal Election Commission.
Nearly $3 million of that overall spending total was used for one purpose: to pay lawyers.
At the same time, the Trump campaign itself reported a net loss of more than $2.6 million for the month of January. It raised about $8.8 million while spending around $11.5 million, according to a separate filing made public on Tuesday.
The filings reveal that Trump is continuing to burn through his donors’ funds as he struggles to feed two massive cash drains—astronomical legal bills stemming from numerous civil cases and four criminal indictments, plus the costs of a national presidential campaign….
Jean-François Millet, Shepherdess and Her Flock (1862–63).
Despite reporting almost no donations in January, the Save America PAC—a group Trump launched days after the 2020 election, ostensibly to fund legal challenges—actually increased its bottom line by more than $1 million, ending the month with nearly $6.3 million on hand.
However, that increase can’t be chalked up to new donations. It’s entirely due to a $5 million transfer from a different pro-Trump super PAC, which is still in the process of refunding $60 million that the former president demanded back last year, as his legal bills threatened to put Save America, his legal slush fund, into bankruptcy.
Despite reporting almost no donations in January, the Save America PAC—a group Trump launched days after the 2020 election, ostensibly to fund legal challenges—actually increased its bottom line by more than $1 million, ending the month with nearly $6.3 million on hand.
However, that increase can’t be chalked up to new donations. It’s entirely due to a $5 million transfer from a different pro-Trump super PAC, which is still in the process of refunding $60 million that the former president demanded back last year, as his legal bills threatened to put Save America, his legal slush fund, into bankruptcy.
The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trump’s four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannon—a last-minute appointment rushed through in the waning days of the Trump administration—has proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.
Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannon’s unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a “clear error” that led to “manifest injustice.” In this instance, at Trump’s behest, Cannon has decided to unseal the identities of two dozen potential witnesses, along with sensitive information they provided to the government. The “clear error” Smith identifies is striking: He alleges that Cannon applied the wrong legal standard in making this decision, requiring him to make a far more stringent showing than should be needed to protect these names. In his motion for reconsideration, Smith shows that the case law—including the very cases Cannon herself cited in her order—does not establish the unreasonable hurdles she wants him to clear.
The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trump’s four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannon—a last-minute appointment rushed through in the waning days of the Trump administration—has proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.
Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannon’s unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a “clear error” that led to “manifest injustice.” In this instance, at Trump’s behest, Cannon has decided to unseal the identities of two dozen potential witnesses, along with sensitive information they provided to the government. The “clear error” Smith identifies is striking: He alleges that Cannon applied the wrong legal standard in making this decision, requiring him to make a far more stringent showing than should be needed to protect these names. In his motion for reconsideration, Smith shows that the case law—including the very cases Cannon herself cited in her order—does not establish the unreasonable hurdles she wants him to clear.
Mary Cassatt, Little Girl in a Blue Armchair (1878).
In his motion for reconsideration, Smith also argues that Cannon minimizes the risk of real-world harm and witness intimidation these individuals would face. He notes that there is a “well-documented pattern in which judges, agents, prosecutors, and witnesses involved in cases involving Trump have been subject to threats, harassment, and intimidation.” Cannon’s cavalier attitude is dangerous for the potential witnesses whose identities could be revealed. As Smith asserts in his brief, “a court’s duty is to prevent harms to the witnesses or the judicial process ‘at their inception.’ ” Cannon appears willing to abdicate that duty.
In response to Smith’s reconsideration motion, Cannon ordered Trump to respond by Friday. That will set up a dramatic ruling by Cannon: Either she reverses her position—which would be an admission that she was fundamentally mistaken about the law in a way that caused “manifest injustice”—or she leaves her ruling in place, putting individuals in jeopardy and twisting the law to help Trump. At that point, Smith may have enough ammunition to seek her reassignment from the 11th Circuit.
Beyond that contretemps, there is a second possible dispute that may be headed to the court of appeals shortly. Earlier this month saw two days of hearings on whether the defendants in the case will get access to highly classified documents under the Classified Information Procedures Act. That statute allows the government to petition the court to redact, summarize, or even withhold classified information in a criminal case. Notably, the CIPA provides the government with the ability to immediately and swiftly appeal. Thus, even if Smith loses a ruling related only to a single document, the statute allows him to go straight to the 11th Circuit.
Some stories out today provide details on Trump’s plans for the U.S. if he somehow gets back into the White House.
An influential think tank close to Donald Trump is developing plans to infuse Christian nationalist ideas in his administration should the former president return to power, according to documents obtained by POLITICO.
Spearheading the effort is Russell Vought, who served as Trump’s director of the Office of Management and Budget during his first term and has remained close to him. Vought, who is frequently cited as a potential chief of staff in a second Trump White House, is president of The Center for Renewing America think tank, a leading group in a conservative consortium preparing for a second Trump term.
Christian nationalists in America believe that the country was founded as a Christian nation and that Christian values should be prioritized throughout government and public life. As the country has become less religious and more diverse, Vought has embraced the idea that Christians are under assault and has spoken of policies he might pursue in response.
CRA’s work fits into a broader effort by conservative, MAGA-leaning organizations to influence a future Trump White House. Two people familiar with the plans, who were granted anonymity to discuss internal matters, said that Vought hopes his proximity and regular contact with the former president — he and Trump speak at least once a month, according to one of the people — will elevate Christian nationalism as a focal point in a second Trump term.
The documents obtained by POLITICO do not outline specific Christian nationalist policies. But Vought has promoted a restrictionist immigration agenda, saying a person’s background doesn’t define who can enter the U.S., but rather, citing Biblical teachings, whether that person “accept[ed] Israel’s God, laws and understanding of history.”
On Tuesday, Politico published an exposé of the secret plans of The Center for Renewing America think tank, described as “a leading group in a conservative consortium preparing for a second Trump term.” Led by Russell Vought, who once worked as Trump’s director of the Office of Management and Budget, the group has drafted a blueprint to turn the U.S. into a “Christian nationalist” country. The group argues that “freedom is defined by God, not man,” which is a fancy way of saying that they oppose most human rights. Subsequently, they are calling for an end to free speech, by using the Insurrection Act to quell protests. The coalition also expressed support for “overturning same-sex marriage, ending abortion and reducing access to contraceptives.”
Former President Donald Trump likened the $355 million judgment against him in a New York civil trial to the death of Russian opposition leader Alexei Navalny during a Fox News town hall on Tuesday evening.
“It is a form of Navalny. It is a form of communism or fascism,” he said, before going on to attack the judge in the case, Arthur Engoron, who he called a “nut job.”
Trump compared himself to Navalny, the outspoken critic of Russian President Vladimir Putin, who died in prison on Friday, on several occasions during the event. Earlier in the town hall, Trump praised Navalny as a “very brave guy” because he chose to return to Russia, where he had been jailed since 2021, though Trump said he “probably would have been a lot better off staying away and talking from outside.”
“People thought that could happen and it did happen,” Trump said, referring to Navalny’s death. “And it’s a horrible thing.”
Asked about outrage over Navalny’s death, Trump said, “It’s happening here.” He said his indictments are “all because of the fact that I’m in politics.”
Trump refrained from blaming Putin for the death, as President Joe Biden and former U.N. Ambassador Nikki Haley, Trump’s sole remaining credible primary opponent, have done.
Trump’s remarks amounted to a doubling down on his controversial post on Truth Social on Monday that “the sudden death of Alexei Navalny has made me more and more aware of what is happening in our Country.”
Lock him up.
That’s all the news I have for you today. What are your thoughts? What other stories are you interested in?
Did you like this post? Please share it with your friends:
“Quite the fashion statement.” John Buss, @repeat1968
Good Day, Sky Dancers!
I guess the endless TV coverage of Trump’s trials and tribulations wasn’t enough to send most of his followers to our safe space. We now get to watch Trump dupe the cult with more branding and marketing scams.
Today, I found out there’s a shitty gold ‘parfum’ to go with those shitty gold sneakers. If there is anything like overexposure, this is it! You may brace yourself and see it here if you have the intestinal fortitude. I guess we know how he thinks he will pay his lawyers now since New York State has shut down the Trump Family Crime syndicate.
Democrats are hardly alone in their political fatigue: A Pew Research Center survey last year found that 65 percent of Americans said they always or often felt exhausted when they thought about politics.
“Exhaustion is underlying the entire attitude toward our presidential election,” said Whit Ayres, a veteran Republican pollster. “When you’ve got two people that are opposed by 70 percent of Americans who want a different choice, it creates frustration, anxiety and discouragement.”
Ah, yes, the patented NYT bothersidersm.
Democratic pollsters and strategists say that no one is more motivating or terrifying to their voters than Mr. Trump.
But there are pronounced warning signs on the left, as well.
A CNN poll recently asked how motivated Americans were to vote in the election. Republicans, out of power and eager to regain it, were more likely to say “extremely motivated.” A Yahoo News/YouGov poll asked voters last fall about their attitudes toward the 2024 election. Thirty-nine percent of Democrats picked “exhaustion” from the list of sentiments offered (a close second to “dread”). Just 26 percent of Republicans chose “exhaustion.”
Lauren Hitt, a spokeswoman for Mr. Biden, said there was tangible evidence of enthusiasm in recent weeks, including on the fund-raising front.
She also signaled that the campaign’s messaging would go beyond simply opposing Mr. Trump, drawing contrasts with Republicans on abortion rights and gun safety as she described the stakes of the election, and nodding to Mr. Biden’s policy accomplishments on issues like combating climate change and child poverty.
“This election determines whether we build on that progress or we lose so many of our fundamental freedoms,” she said in a statement.
This has to end. Trump is pathologically narcissistic and chaotic. His dementia is worse than ever. There has to be some way of getting him out of the limelight. Today’s headlines are scathing. Every Anti-Trump Republican is out there with some form of media presence. This is even more maddening to me. Where were these people when they were feeding their base all the red meat that Trump now uses to his benefit? The last Trump nod to Putin has really got them squawking in the Chicken Hawk coops. Here are two examples.
GOP former Rep. Liz Cheney on Sunday warned of a Republican Party “Putin wing” after former President Donald Trump responded to the death of outspoken Kremlin critic Alexey Navalny without actually mentioning him or Russian President Vladimir Putin.
“We have to take seriously the extent to which you’ve now got a Putin wing of the Republican Party. I believe the issue this election cycle is making sure that the Putin wing of the Republican Party does not take over the West Wing of the White House,” Cheney told CNN’s Jake Tapper on “State of the Union.”
President Joe Biden and Trump struck dramatically different tones in their respective responses to the death of the jailed Russian opposition figure.
Biden, in his comments at the White House following the announcement of Navalny’s death, forcefully pinned the blame on “Putin and his thugs.”
“Make no mistake: Putin is responsible for Navalny’s death. Putin is responsible. What has happened to Navalny is yet more proof of Putin’s brutality. Nobody should be fooled,” Biden said.
Trump, meanwhile, said nothing directly about Navalny in a post that his campaign said was his official response to the opposition leader’s death – instead posting more than 20 times about a variety of topics including his criminal cases and his political opponents.
“When you think about Donald Trump, for example, pledging retribution, what Vladimir Putin did to Navalny is what retribution looks like in a country where a leader is not subject to the rule of law,” Cheney said Sunday.
The former president earlier this month also said he would encourage Russia to do “whatever the hell they want” to any NATO member country that doesn’t meet spending guidelines and would not offer such a country US protection – a stance that NATO chief Jens Stoltenberg said “undermines all of our security, including that of the US, and puts American and European soldiers at increased risk.”
“He’s basically made clear that under a Trump administration, the United States is unlikely to keep its NATO commitments,” Cheney said. She called Trump’s comments “dangerous” and said they show “a complete lack of understanding of America’s role in the world.”
Bill Kristol has joined the Anti-Trump Republicans at the Bulwark and writes this with Andrew Egger. “Trump-Putin 2024. Plus: Some good takes and some terrible takes on the significance of Alexei Navalny.”
We were slow in awakening to the threat of Putin. We have been sluggish in responding to that threat once awakened. But it is the most urgent foreign policy threat we face.
A broad coalition of political forces in the United States, ranging from Mike Pence on the right to Bernie Sanders on the left, is anti-Putin. Against them stand Donald Trump and some of his acolytes, who are pro-Putin.
The likely nominee of one of our two major political parties is pro-Vladimir Putin. This is an astonishing fact. It is an appalling fact. It has to be a central fact of the 2024 campaign.
But the political professionals say foreign policy doesn’t matter in elections. Americans vote on the economy. Or immigration. Or abortion rights.
That’s true to some degree. But not as much as we might think—particularly now that the post-Cold War era has ended in the wake of Putin’s invasion of Ukraine. The world we now live in seems more like that of 1972, or 1980, or 1988. In such a world, issues of foreign policy and national security matter in selecting a president. Putin matters.
And American voters know who Putin is. In an August Gallup poll, 95 percent of all Americans had an opinion of the Russian dictator, making him better known than any American politicians other than Biden and Trump. In that poll, Trump was seen favorably by 41 percent of Americans and unfavorably by 55 percent, while Biden’s favorable/unfavorable split was 41 percent to 57 percent.
Putin’s numbers in that poll? 5 percent favorable, 90 percent unfavorable. A YouGov poll last week was a bit rosier: 13 percent in favor of the Russian dictator, 81 percent unfavorable.
It’s actually striking that all the work of the pro-Putin right—from Trump himself to Tucker Carlson—has had so little effect in improving Putin’s image. Putin turns out to be a very hard sell.
Which is all the more reason to hang Putin around Trump’s neck. It could well make Trump a harder sell to some number of swing voters.
Nice to have to read about the worst president ever on President’s Day! Kristol apologizes for being Debbie Downer. I shamelessly will wear the title until we get no more years of Trump Trauma. But here we go! Off his Rocker is a perfect way to lead into Tim Dickinson’s latest at The Rolling Stone. “Trump Compares Himself to Navalny in Bizarre Presidents’ Day Rant. On Truth Social, Trump groused about his expensive court losses and compared himself to the Russian dissident who died in an arctic penal colony.”
IT’S PRESIDENTS’ DAY, and America’s 45th is having a real one.
Donald Trump spent the morning of the Monday holiday railing against the nearly half-billion-dollar court judgment levied against him for fraud in New York state, and grotesquely comparing himself to the Russian political dissident Alexei Navalny, who died last week in an Russian arctic penal colony.
Trump started shitposting not long after dawn on his Truth Social network. Stinging from his massive court defeat, Trump seemed determined to keep litigating his fraud case in the court of public opinion. In seething ALL CAPS, Trump railed against the court finding that he and his family business had fraudulently and systematically overstated the value of real estate assets — including by inflating the square footage of Donald’s own Trump Tower penthouse apartment.
the “crooked, hand picked judge” whom he claimed failed to include in court calculations the “brand value” of the Trump name, which the former president modestly suggested is “known and accepted to be worth many billions of dollars.” (Over the weekend, Trump attempted to leverage that brand value with the launch of $400 “Never Surrender” high tops at Sneaker Con.)
For this to be Trump’s response to Putin’s murder of Navalny says it all. If your response is different, then do all you can to defeat Trump. Your own liberty is on the line. https://t.co/6lpn38ACCI
The annual President’s Day poll of America’s historians ranking Presidents is out. Here are the results from the New York Times. “Poll Ranks Biden as 14th-Best President, With Trump Last.” President Biden may owe his place in the top third to his predecessor: Mr. Biden’s signature accomplishment, according to the historians, was evicting Donald J. Trump from the Oval Office. This is reported by Peter Baker. TRUMP IS OFFICIALLY THE WORST PRESIDENT EVER!!
President Biden has not had a lot of fun perusing polls lately. He has a lower approval rating than every president going back to Dwight D. Eisenhower at this stage of their tenures, and he trails former President Donald J. Trump in a fall rematch. But Mr. Biden can take solace from one survey in which he is way out in front of Mr. Trump.
A new poll of historians coming out on Presidents’ Day weekend ranks Mr. Biden as the 14th-best president in American history, just ahead of Woodrow Wilson, Ronald Reagan and Ulysses S. Grant. While that may not get Mr. Biden a spot on Mount Rushmore, it certainly puts him well ahead of Mr. Trump, who places dead last as the worst president ever.
Indeed, Mr. Biden may owe his place in the top third in part to Mr. Trump. Although he has claims to a historical legacy by managing the end of the Covid pandemic; rebuilding the nation’s roads, bridges and other infrastructure; and leading an international coalition against Russian aggression, Mr. Biden’s signature accomplishment, according to the historians, was evicting Mr. Trump from the Oval Office.
“Biden’s most important achievements may be that he rescued the presidency from Trump, resumed a more traditional style of presidential leadership and is gearing up to keep the office out of his predecessor’s hands this fall,” wrote Justin Vaughn and Brandon Rottinghaus, the college professors who conducted the survey and announced the results in The Los Angeles Times.
Mr. Trump might not care much what a bunch of academics think, but for what it’s worth he fares badly even among the self-identified Republican historians. Finishing 45th overall, Mr. Trump trails even the mid-19th-century failures who blundered the country into a civil war or botched its aftermath like James Buchanan, Franklin Pierce and Andrew Johnson.
OUCH! Fox "news" reporting trump was the WORST US President EVER! Retweet! It's really fun! pic.twitter.com/Wc9bXyEhGv
The Independent is frank about the dishonorable loser who wears the 45 label. “Trump ranks as worst president in US history in new academics poll. The results are in from the US academics, and it does not bode well for the GOP nominee.” This is Amelia Neath’s take.
Mr Trump ranked in the very last place, scoring just 10.9/100 – the same spot he occupied in the previous survey (he was not included in the first survey, which was conducted during Barack Obama’s presidency).
He was also awarded “most polarising” president in the poll.
Meanwhile, Abraham Lincoln stood at the top of the presidential rankings, as the country’s greatest president, with an average score of 93.9/100.
Franklin D. Roosevelt came in at number two, followed by the nation’s first president, George Washington. Fourth place went to Theodore Roosevelt and fifth to Thomas Jefferson.
Respondents were able to disclose their own political leanings, which produced an interesting insight into how the presidents fared between differing parties.
Unfortunately for Mr Trump, the Republican scholars did not help his low ranking, as he still came out in 41st place out of 45 among Republicans only. Among Democrat scholars, he placed 45th.
President Joe Biden meanwhile was ranked at number 13 by Democrats and at a low 30 by Republicans.
Mr Rottinghaus and Mr Vaughn said that Mr Biden’s ranking may have been influenced by him being viewed as Mr Trump’s greatest blocker.
“Biden’s most important achievements may be that he rescued the presidency from Trump, resumed a more traditional style of presidential leadership and is gearing up to keep the office out of his predecessor’s hands this fall,” they wrote in an article for the Los Angeles Times.
Makes me proud to be a lowly little undergrad History major. (sniff, sniff)
Two last things to tie back to the post title and the featured funny by John.
Yesterday was truly a momentous day in the Trump saga. Trump has been hit a damaging blow to his identity as a successful businessman.
Judge Arthur Engoron ordered him to pay $355 million dollars penalty for defrauding banks, insurance companies, and taxpayers. In addition, he will have to pay 9 percent interest on the disgorgement. Nearly $100 million in interest is already owed and the interest will continue to accrue as long as he hasn’t paid up.
On top of the financial judgement, Trump will not be able to do business in New York, including borrowing from banks, for 3 years.
A New York judge on Friday handed Donald J. Trump a crushing defeat in his civil fraud case, finding the former president liable for conspiring to manipulate his net worth and ordering him to pay a penalty of nearly $355 million plus interest that could wipe out his entire stockpile of cash.
The decision by Justice Arthur F. Engoron caps a chaotic, yearslong case in which New York’s attorney general put Mr. Trump’s fantastical claims of wealth on trial. With no jury, the power was in Justice Engoron’s hands alone, and he came down hard: The judge delivered a sweeping array of punishments that threatens the former president’s business empire as he simultaneously contends with four criminal prosecutions and seeks to regain the White House.
Justice Engoron barred Mr. Trump for three years from serving in top roles at any New York company, including portions of his own Trump Organization. He also imposed a two-year ban on the former president’s adult sons and ordered that they pay more than $4 million each. One of them, Eric Trump, is the company’s de facto chief executive, and the ruling throws into doubt whether any member of the family can run the business in the near term.
The judge also ordered that they pay substantial interest, pushing the penalty for the former president to $450 million, according to the attorney general, Letitia James.
In his unconventional style, Justice Engoron criticized Mr. Trump and the other defendants for refusing to admit wrongdoing for years. “Their complete lack of contrition and remorse borders on pathological,” he said.
He noted that Mr. Trump had not committed violent crimes and also conceded that “Donald Trump is not Bernard Madoff.” Still, he wrote, “defendants are incapable of admitting the error of their ways.”
Mr. Trump will appeal the financial penalty but will have to either come up with the money or secure a bond within 30 days. The ruling will not render him bankrupt, because most of his wealth is in real estate, which altogether is worth far more than the penalty.
Mr. Trump will also ask an appeals court to halt the restrictions on him and his sons from running the company while it considers the case. In a news conference from his Palm Beach, Fla., home, Mar-a-Lago, on Friday evening, he attacked Ms. James and Justice Engoron, calling them both “corrupt.”
The bond he has to post would be greater than the total judgment plus the interest. The same requirement holds if Trump wants to appeal the $18.3 million judgment in the E. Jean Carroll case.
Trump will also be under the thumb of Barbara Jones, the independent monitor the judge appointed to oversea the Trump Organization’s business. He will have get her permission for any large transfers of money.
But there might be little Mr. Trump can do to thwart one of the judge’s most consequential punishments: extending for three years the appointment of an independent monitor who is the court’s eyes and ears at the Trump Organization. Justice Engoron also strengthened the monitor’s authority to watch for fraud and second-guess transactions that look suspicious.
Mr. Trump’s lawyers have railed against the monitor, Barbara Jones, saying that her work had already cost the business more than $2.5 million; the decision to extend her oversight of the privately held company could enrage the Trumps, who see her presence as an irritant and an insult.
New York Supreme Court Justice Arthur Engoron ordered Donald Trump to pay $355 million in fines for business fraud in an excoriating decision on Friday that also imposes major penalties on the former president’s family and business associates. Both Eric Trump and Donald Trump Jr. are each liable for $4 million, while former CFO Allen Weisselberg is on the hook for $1 million.
The ruling, if upheld, marks the end of the Trump Organization as we know it: Engoron barred Trump from serving as an officer in any New York corporation or legal entity for three years, and prohibited him from applying for loans from any financial entity in the state. The judge has effectively hobbled the entire Trump corporate empire….
During trial, members of the Trump family took the stand to defend their father’s business dealings, with little success; Engoron declined to credit their testimony in his Friday opinion, noting that Eric Trump actually reversed himself on the stand after evidence emerged that he had lied under oath. Trump himself took the stand, as well, assuming a combative and antagonistic pose toward the judge, whom he publicly derided as a partisan hack. The former president, Engoron wrote in his Friday opinion, “rarely responded to the questions asked, and he frequently interjected long, irrelevant speeches on issues far beyond the scope of the trial. His refusal to answer the questions directly, or in some cases, at all, severely compromised his credibility.”
This theme of mendacity and impenitence ran throughout Engoron’s ruling. In a remarkable passage, he wrote that the Trump family’s “complete lack of contrition and remorse borders on pathological. They are accused only of inflating asset values to make more money. The documents prove this over and over again. … Defendants are incapable of admitting the error of their ways. Instead, they adopt a ‘See no evil, hear no evil, speak no evil’ posture that the evidence belies.” This refusal to admit to their unlawful misdeeds persuaded Engoron that they “will engage in [fraud] going forward unless judicially restrained.” He therefore affirmed his earlier decision to have an independent monitor, the retired judge Barbara Jones, oversee the business’s finances and assets.
The $355 million penalty is, to put it mildly, substantial, and not the first time this year Trump has been ordered by a court to cut a check with two commas and at least seven zeroes on it. Just last month he was ordered to pay out over $83 million after losing the defamation case brought by the writer E. Jean Carroll. That was actually the second penalty Trump was compelled to pay her: A New York jury previously found that Trump sexually assaulted and defamed Carroll, awarding her $5 million in damages.
Some quick back-of-the-envelope math here shows just how dire the self-proclaimed multibillionaire’s financial situation is getting. Reporting from late October pegged Trump’s cash holdings at $425 million. This most recent penalty from New York state, combined with the two verdicts in the Carroll cases, tally to $438 million. And actually, it’s worse than that, since Engoron stipulated that Trump is prohibited from borrowing money from any New York bank for the next three years. That ban will handicap his attempt to appeal. Moreover, New York law could force him to pay a hefty 9 percent interest rate on the judgment, which would push the original $355 million north of $450 million.
Trump will undoubtedly appeal Friday’s decision, and he is not required to post bond while he does so. However, if he fails to post bond, the state can begin collecting on the judgment in 30 days’ time. At that point, Attorney General James can seize Trump’s assets, including real property; in other words, his real estate holdings in New York, like Trump Tower, are vulnerable to seizure and potential sale.
Donald Trump has been hit with all three in the past nine months, with Friday’s $354 million penalty for New York business fraud by far the most massive.
He is now on the hook for over $440 million in civil judgments as he heads toward the Republican nomination — and as he prepares for one or more criminal trials this year….
Trump’s company isn’t public, and he has famously refused to disclose his tax returns, so his cash flow situation is shrouded in mystery.
Even if he has $440 million in cash on hand — and it’s far from clear that he does — paying the judgments could wipe out his accounts, since Trump himself has placed his cash reserves in the ballpark of that amount.
Trump claimed in a deposition last year that he had “substantially in excess” of $400 million in cash on hand….
But it’s unclear whether that number is accurate. That deposition, after all, was part of the very lawsuit in which a judge found that Trump has repeatedly inflated his net worth.
If he doesn’t have enough cash on hand, would he have to sell properties?
Trump would likely have to sell something, although it wouldn’t necessarily have to be property. He could sell investments or other assets.
But what if he outright refuses to pay up?
In the civil fraud case, which is in New York state court, if Trump can’t post the funds or get a bond, then the judgment would take effect immediately and a sheriff could begin seizing Trump’s assets.
The rules are slightly different in federal court, which is the venue for the $83.3 million judgment that Trump owes for defaming the writer E. Jean Carroll after she accused him of raping her. (He also owes Carroll an additional $5 million from a separate verdict last year.) Carroll could pursue post-judgment discovery under the jurisdiction of the judge who oversaw the trial. Through that process, the judge could order Trump to produce his bank account records, place liens or garnish his wages.
“I think he’s going to have to pay. And whether it requires him to sell or to put a lien on something to get a loan, that’s his problem, not ours. He’s going to pay,” Carroll’s attorney Roberta Kaplan said on CNN last month.
The judge, Kaplan added, will use “judgment enforcement mechanisms” to “make sure that he pays.”
If Trump truly can’t afford the judgments, he would have to declare bankruptcy.
He also can’t postpone payments while he appeals. He would have to post bond of 120-125 percent of the total owed first. In other words, Trump is totally screwed. The only thing that could help him is that he can use PAC money to pay. But can his MAGA morons afford that much?
Two recent verdicts have nowleft Donald Trump on the hook for nearly half a billion dollars….
For a well-connected billionaire, that might usually amount to nothing more than a temporary inconvenience; after all, Trump could always liquidate some of his assets or borrow even more money to cover his short-term obligations.
But Trump isn’t just one of the country’s richest men, with an estimated net worth in the low billions; he’s also running to serve a second term as president of the United States. And for any candidate for public office — let alone the presidency — being cash-strapped while owing such significant amounts of money could be a serious liability.
You don’t have to look far to find the reasons why. Trump’s first term was riddled with conflicts of interest, and that’s in no small part because of his financial well-being (or lack thereof, depending on how you look at it). At the time that he tried to overturn the 2020 election, he was hundreds of millions of dollars in debt, largely stemming from loans to help rehabilitate his struggling businesses, and most of which would be coming due over the subsequent four years. Throughout his presidency, he refused to divest from his businesses, which made millions of dollars in revenue from taxpayers and continued to do work with other countries while he was in office — a practice he indicated he would repeat in a second term.
The fact that he has so many entanglements with big businesses and other nations leaves plenty of room for things to go awry. That’s why a 2020 New York Times exposé uncovering his staggering debt during his first term wasn’t just embarrassing for Trump, who has a tendency to claim he’s richer than he actually is. It also raised fears about how his debt could implicate national security.
As the former head of the Justice Department’s National Security Division told Time magazine in 2020, “For a person with access to U.S. classified information to be in massive financial debt is a counterintelligence risk because the debt-holder tends to have leverage over the person, and the leverage may be used to encourage actions, such as disclosure of information or influencing policy, that compromise U.S. national security.”
“Republicans, any minute now… ” John Buss @repeat1968
Good Day, Sky Dancers!
I’ve been blogging long enough to remember Fridays as a quiet news day. We’re facing President’s Day on Monday. We can’t talk about Presidents these days without the overwhelming need for lawyers. This is crazy. I feel like I’m watching a TV Lawyer Drama. My mother loved them, so I remember everyone from Perry Mason to the Law and Order series. Real-life court drama is far whackier than I ever thought. Just think, I was called for jury duty this month. I can think of a few states that are probably running out of jurors by now.
I’m watching the Fulton County District Attorney’s father testifying why Black Americans keep cash on hand. He’s retelling a story about the time he had a Fellowship at Harvard, and a restaurant nearby would not take any of his credit cards. The store even displayed an AmEx sign, but they would not take his. This happened when Fanni was 3. This is another story from Black America that Wipipo must see.
I’m not sure you watched her yesterday, but she left her accusers looking pretty bad. This is from Talking Points Memo. “Fani Willis Endures Disrespect, Racist Tropes, And Public Humiliation.” It’s written by David Kurtz.
The smoldering confrontation in an Atlanta courtroom between District Attorney Fani Willis and the coterie of Trump co-defendants had so many layers of gender, race, and power dynamics that it felt like a theatrical production in which the playwright got a little too exuberant and ended up with an over-the-top script.
Any playwright would die for Willis’ meme-a-minute dialogue, throwing off lines so memorable and original that it was hard to keep up:
“A man is not a plan.”
“I’m not going to emasculate a black man.” (Oh, but she did.)
“I’m not a hand holder.”
The hearing was ostensibly about whether her romantic relationship with the special prosecutor she hired to manage the RICO election interference case was disqualifying. But that was a thin veil over the roiling cauldron of disrespect, racist tropes, and public humiliation that the defendants were indulging in.
Willis came in red hot, literally running from her office to the courtroom when it was her time to testify. She took over the room. She raised and waived objections from the witness chair. She refused to be led down primrose paths by defense counsel. She talked over everyone: defense counsel, the judge, and her own team. I couldn’t help but think that Trump himself would secretly admire her command and bravura.
But it wasn’t the performative high dudgeon that Bill Clinton patented and every politican since has doubled down with. It was the seething, barely controlled anger of a Black woman put in a position none of her white male counterparts have had to endure, at the hands of a criminal defendant no less. White prosecutors have used the power of the law to torment Black people for centuries, but a Black woman becomes prosecutor and finds herself tormented by white criminal defendants.
Most of the news coverage elided the racial and gender power dynamics at play. But Black people recognize this modern day spectacle of demeaning and dehumanizing treatment: Willis’ personal life scrutinized, her sex life exposed to public ridicule, her ways of handling money and relationships treated not as a difference of culture or social class but as unethical and disqualifying. And racists recognize it, too! Fox News was beside itself with the spectacle. To take one example, actually just one word: “pedigree.”
I think that when young women see this, they will have their Anita Hill Moment. We still have a long way to go before women, and black women, in particular, are not singled out for things that white men basically do all the time. It’s only a problem when anyone else does it.
All of this is part and parcel of the Legal Clowns around Trump and his criminal and insurrectionist cronies. We all have to watch people get sullied so that Donald Trump looks like he’s not alone with his inappropriate, criminal, and traitorous behaviors. As I said, yesterday was a display of Law and Republican Disorder. Hunter Biden should consider a large number of civil suits over this one. The headline and story are from the AP. “FBI informant charged with lying about Joe and Hunter Biden’s ties to Ukrainian energy company. This guy was the center of attention for right-wing media for weeks and months. Sean Hannity considered his testimony to be the smoking that would lead to the impeachment of Joe. Well, their guy’s a bigger liar than Trump, and he’s in trouble.
An FBI informant has been charged with fabricating a multimillion-dollar bribery scheme involving President Joe Biden, his son Hunter and a Ukrainian energy company, a claim that is central to the Republican impeachment inquiry in Congress.
Alexander Smirnov falsely reported to the FBI in June 2020 that executives associated with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each in 2015 or 2016, prosecutors said in an indictment. Smirnov told his handler that an executive claimed to have hired Hunter Biden to “protect us, through his dad, from all kinds of problems,” according to court documents.
Prosecutors say Smirnov in fact had only routine business dealings with the company in 2017 and made the bribery allegations after he “expressed bias” against Joe Biden while he was a presidential candidate.
Smirnov, 43, appeared in court in Las Vegas briefly Thursday after being charged with making a false statement and creating a false and fictitious record. He did not enter a plea. The judge ordered the courtroom cleared after federal public defender Margaret Wightman Lambrose requested a closed hearing for arguments about sealing court documents. She declined to comment on the case.
This headline from NBC explains the Trump Legal Team’s decision to not take his residential immunity charges to the Supreme Court last night. I guess he can delay things more, but here’s the analysis by Lawrence Hurley. “Trump opts against Supreme Court appeal on civil immunity claim over Jan. 6 lawsuits. The decision not to seek high court review means cases brought against Trump over Jan. 6 can move forward in district court, although he can still mount an immunity defense.” In other words, we still get to hear his whiny, irritating voice say they took A-WAY my prezidental immunity.
Lawsuits seeking to hold Donald Trump personally accountable for his role in the Jan. 6 attack on the Capitol can move forward after the former president chose not to take his broad immunity claim to the Supreme Court.
Trump had a Thursday deadline to file a petition at the Supreme Court contesting an appeals court decision from December that rejected his immunity arguments, but he did not do so.
The appeals court made it clear that Trump could still claim immunity later in the proceedings in three cases brought by Capitol Police officers and members of Congress.
“President Trump will continue to fight for presidential immunity all across the spectrum,” said Steven Cheung, a Trump spokesman.
The civil lawsuits against Trump are separate from the criminal case against him that also arose from Jan. 6. On Monday, Trump asked the justices to put that case on hold on immunity grounds.
Trump’s lawyers argued that any actions he took on Jan. 6 fall under the scope of his responsibilities as president, thereby granting him immunity from civil liability. The U.S. Circuit Court of Appeals for the District of Columbia rejected that argument, ruling that Trump was acting in his role as a political candidate running for office, not as president.
A judge is expected to rule on whether Donald Trump should pay a $370m fine in his New York fraud trial and face a lifetime ban from the New York real estate industry.
The New York attorney general’s office sued Trump for inflating the value of his assets on government financial statements. Trump’s adult sons, Donald Trump Jr and Eric Trump, and two former Trump Organization executives, Allen Weisselberg and Jeff McConney, are also defendants in the case.
The New York AG’s office initially asked for $250m in disgorgement, or the amount of money that was wrongfully profited after Trump fudged his net worth. In their written closing arguments in January, prosecutors ended up bumping up their disgorgement figure to $370m.
Prosecutors are also asking the judge, Arthur Engoron, to ban Trump from the New York real estate industry. It’s a similar punishment to that which a New York federal court meted out to “pharma bro” Martin Shkreli after he was found guilty of price-gouging a life-saving drug. Prosecutors in the Trump case cited the Shkreli ruling as an example of what they see as a fitting punishment for Trump.
The fine and a ban would be on top of the punishment Engoron instructed in his September pre-trial ruling, when he ordered the cancellation of Trump’s business licenses. Trump, who has denied any wrongdoing, has appealed that ruling and will undoubtedly appeal a second guilty verdict.
Lara Trump won’t back down as she debuts her latest hit! John Buss @repeat1968
Tick Tock, Mother Fucker! There are some other related Trump drama/trauma. Headlines include Lara Trump as RNC chair.
Alexei Navalny, who crusaded against official corruption and staged massive anti-Kremlin protests as President Vladimir Putin’s fiercest foe, died Friday in the Arctic penal colony where he was serving a 19-year sentence, Russia’s prison agency said. He was 47.
The stunning news — less than a month before an election that will give Putin another six years in power — brought renewed criticism and outrage directed at the Kremlin leader who has cracked down on all opposition at home.
Putin may have killed him, but Navalny’s memory will live on in the hearts and minds of many.
What’s on your reading and blogging list today?
Did you like this post? Please share it with your friends:
The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
The bill does not include any exception for in vitro fertilization (IVF), a reproductive treatment that allows mothers to fertilize several eggs outside the womb in order to increase the chances of a viable pregnancy.
I suspect most Americans, even Republican voters, understand that Trump is not a believer. (He does seem to think he’s a god himself, 
This has to end. Trump is pathologically narcissistic and chaotic. His dementia is worse than ever. There has to be some way of getting him out of the limelight. Today’s headlines are scathing. Every Anti-Trump Republican is out there with some form of media presence. This is even more maddening to me. Where were these people when they were feeding their base all the red meat that Trump now uses to his benefit? The last Trump nod to Putin has really got them squawking in the Chicken Hawk coops. Here are two examples.
Bill Kristol has joined the Anti-Trump Republicans 
Nice to have to read about the worst president ever on President’s Day! Kristol apologizes for being Debbie Downer. I shamelessly will wear the title until we get no more years of Trump Trauma. But here we go! 
The annual President’s Day poll of America’s historians ranking Presidents is out. Here are the results from
Yesterday was truly a momentous day in the Trump saga. Trump has been hit a damaging blow to his identity as a successful businessman.
In his unconventional style, Justice Engoron criticized Mr. Trump and the other defendants for refusing to admit wrongdoing for years. “Their complete lack of contrition and remorse borders on pathological,” he said.
This theme of mendacity and impenitence ran throughout Engoron’s ruling. In a remarkable passage, he wrote that the Trump family’s “complete lack of contrition and remorse borders on pathological. They are accused only of inflating asset values to make more money. The documents prove this over and over again. … Defendants are incapable of admitting the error of their ways. Instead, they adopt a ‘See no evil, hear no evil, speak no evil’ posture that the evidence belies.” This refusal to admit to their unlawful misdeeds persuaded Engoron that they “will engage in [fraud] going forward unless judicially restrained.” He therefore affirmed his earlier decision to have an independent monitor, the retired judge Barbara Jones, oversee the business’s finances and assets.
Even if he has $440 million in cash on hand — and it’s far from clear that he does — paying the judgments could wipe out his accounts, since Trump himself has placed his cash reserves in the ballpark of that amount.
You don’t have to look far to find the reasons why. Trump’s first term was 
We’re expecting today’s ruling on the civil Fraud case in New York State’s District Court. 
peej
Carissa
bostonboomer
dakinikat
ecocatwoman
mablue2
Mama Lopez
peggysue22
quixote
skydancingguestblogger
Mona (aka Wonk the Vote)
Sky Dancing 
Recent Comments