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.
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
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
“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.
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, 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:
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.
…[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
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.
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.
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
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 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.
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.
Did you like this post? Please share it with your friends:
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.
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.
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.
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.
“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.
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.
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
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.
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.
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.”
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
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 andafter 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 thatJoe 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.
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
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.
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.”
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
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.
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.
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.
peej
Carissa
bostonboomer
dakinikat
ecocatwoman
mablue2
Mama Lopez
peggysue22
quixote
skydancingguestblogger
Mona (aka Wonk the Vote)
Memeorandum
Sky Dancing 
Recent Comments