Wednesday Reads: If You’re Not Voting for Biden, You’re Voting for the End of Democracy. Period.

Good Morning!!

Rene Magritte, The False Mirror, 1928

Rene Magritte, The False Mirror, 1928

Yesterday, Time Magazine published an interview with Donald Trump. Why did he choose Time to reveal his plans for rescinding the Constitution if he is elected in November? I’d guess it’s because he wanted another Time cover to add to his collection. He’s a demented old man who doesn’t realize that Time long ago became fairly irrelevant. But they certainly got the attention of the the political world yesterday. Trump spelled out his plans for 2025 and beyond and they are horrifying.

I agree with this tweet that Aaron Rupar posted after reading the article:

I increasingly believe this election will be a referendum on whether anything matters anymore. There’s no rational case for Trump, but there’s a loud contingent on the left that just wants to burn it down. Combine that with low information voters and Republicans circling the wagons around their guy, and you have the outlines of a calamity. Hopefully people wake up.

Here’s the Time interview, followed by commentary from other publications. I’ve cut out the author’s cutesy commentary and just included Trump’s plans.

Eric Cortellessa at Time: How Far Trump Would Go.

Six months from the 2024 presidential election, Trump is better positioned to win the White House than at any point in either of his previous campaigns. He leads Joe Biden by slim margins in most polls, including in several of the seven swing states likely to determine the outcome. But I had not come to ask about the election, the disgrace that followed the last one, or how he has become the first former—and perhaps future—American President to face a criminal trial. I wanted to know what Trump would do if he wins a second term, to hear his vision for the nation, in his own words.

What emerged in two interviews with Trump, and conversations with more than a dozen of his closest advisers and confidants, were the outlines of an imperial presidency that would reshape America and its role in the world. To carry out a deportation operation designed to remove more than 11 million people from the country, Trump told me, he would be willing to build migrant detention camps and deploy the U.S. military, both at the border and inland. He would let red states monitor women’s pregnancies and prosecute those who violate abortion bans. He would, at his personal discretion, withhold funds appropriated by Congress, according to top advisers. He would be willing to fire a U.S. Attorney who doesn’t carry out his order to prosecute someone, breaking with a tradition of independent law enforcement that dates from America’s founding. He is weighing pardons for every one of his supporters accused of attacking the U.S. Capitol on Jan. 6, 2021, more than 800 of whom have pleaded guilty or been convicted by a jury. He might not come to the aid of an attacked ally in Europe or Asia if he felt that country wasn’t paying enough for its own defense. He would gut the U.S. civil service, deploy the National Guard to American cities as he sees fit, close the White House pandemic-preparedness office, and staff his Administration with acolytes who back his false assertion that the 2020 election was stolen.

Trump remains the same guy, with the same goals and grievances. But in person, if anything, he appears more assertive and confident. “When I first got to Washington, I knew very few people,” he says. “I had to rely on people.” Now he is in charge. The arranged marriage with the timorous Republican Party stalwarts is over; the old guard is vanquished, and the people who remain are his people. Trump would enter a second term backed by a slew of policy shops staffed by loyalists who have drawn up detailed plans in service of his agenda, which would concentrate the powers of the state in the hands of a man whose appetite for power appears all but insatiable. “I don’t think it’s a big mystery what his agenda would be,” says his close adviser Kellyanne Conway. “But I think people will be surprised at the alacrity with which he will take action.” [….]

In a second term, Trump’s influence on American democracy would extend far beyond pardoning powers. Allies are laying the groundwork to restructure the presidency in line with a doctrine called the unitary executive theory, which holds that many of the constraints imposed on the White House by legislators and the courts should be swept away in favor of a more powerful Commander in Chief.

TV Man, by Michael Vincent Manalo

TV Man, by Michael Vincent Manalo

Nowhere would that power be more momentous than at the Department of Justice. Since the nation’s earliest days, Presidents have generally kept a respectful distance from Senate-confirmed law-enforcement officials to avoid exploiting for personal ends their enormous ability to curtail Americans’ freedoms. But Trump, burned in his first term by multiple investigations directed by his own appointees, is ever more vocal about imposing his will directly on the department and its far-flung investigators and prosecutors.

In our Mar-a-Lago interview, Trump says he might fire U.S. Attorneys who refuse his orders to prosecute someone: “It would depend on the situation.” He’s told supporters he would seek retribution against his enemies in a second term. Would that include Fani Willis, the Atlanta-area district attorney who charged him with election interference, or Alvin Bragg, the Manhattan DA in the Stormy Daniels case, who Trump has previously said should be prosecuted? Trump demurs but offers no promises. “No, I don’t want to do that,” he says, before adding, “We’re gonna look at a lot of things. What they’ve done is a terrible thing.”

Trump has also vowed to appoint a “real special prosecutor” to go after Biden. “I wouldn’t want to hurt Biden,” he tells me. “I have too much respect for the office.” Seconds later, though, he suggests Biden’s fate may be tied to an upcoming Supreme Court ruling on whether Presidents can face criminal prosecution for acts committed in office. “If they said that a President doesn’t get immunity,” says Trump, “then Biden, I am sure, will be prosecuted for all of his crimes.” (Biden has not been charged with any, and a House Republican effort to impeach him has failed to unearth evidence of any crimes or misdemeanors, high or low.)

On his goal of mass deportation of immigrants:

Trump’s radical designs for presidential power would be felt throughout the country. A main focus is the southern border. Trump says he plans to sign orders to reinstall many of the same policies from his first term, such as the Remain in Mexico program, which requires that non-Mexican asylum seekers be sent south of the border until their court dates, and Title 42, which allows border officials to expel migrants without letting them apply for asylum. Advisers say he plans to cite record border crossings and fentanyl- and child-trafficking as justification for reimposing the emergency measures. He would direct federal funding to resume construction of the border wall, likely by allocating money from the military budget without congressional approval. The capstone of this program, advisers say, would be a massive deportation operation that would target millions of people. Trump made similar pledges in his first term, but says he plans to be more aggressive in a second. “People need to be deported,” says Tom Homan, a top Trump adviser and former acting head of Immigration and Customs Enforcement. “No one should be off the table.”

For an operation of that scale, Trump says he would rely mostly on the National Guard to round up and remove undocumented migrants throughout the country. “If they weren’t able to, then I’d use [other parts of] the military,” he says. When I ask if that means he would override the Posse Comitatus Act—an 1878 law that prohibits the use of military force on civilians—Trump seems unmoved by the weight of the statute. “Well, these aren’t civilians,” he says. “These are people that aren’t legally in our country.” He would also seek help from local police and says he would deny funding for jurisdictions that decline to adopt his policies. “There’s a possibility that some won’t want to participate,” Trump says, “and they won’t partake in the riches.”

helen-lundeberg, biological fantasy, 1946

Helen Lundeberg, Biological Fantasy, 1946

On Abortion:

As President, Trump nominated three Supreme Court Justices who voted to overturn Roe v. Wade, and he claims credit for his role in ending a constitutional right to an abortion. At the same time, he has sought to defuse a potent campaign issue for the Democrats by saying he wouldn’t sign a federal ban. In our interview at Mar-a-Lago, he declines to commit to vetoing any additional federal restrictions if they came to his desk. More than 20 states now have full or partial abortion bans, and Trump says those policies should be left to the states to do what they want, including monitoring women’s pregnancies. “I think they might do that,” he says. When I ask whether he would be comfortable with states prosecuting women for having abortions beyond the point the laws permit, he says, “It’s irrelevant whether I’m comfortable or not. It’s totally irrelevant, because the states are going to make those decisions.” President Biden has said he would fight state anti-abortion measures in court and with regulation.

Trump’s allies don’t plan to be passive on abortion if he returns to power. The Heritage Foundation has called for enforcement of a 19th century statute that would outlaw the mailing of abortion pills. The Republican Study Committee (RSC), which includes more than 80% of the House GOP conference, included in its 2025 budget proposal the Life at Conception Act, which says the right to life extends to “the moment of fertilization.” I ask Trump if he would veto that bill if it came to his desk. “I don’t have to do anything about vetoes,” Trump says, “because we now have it back in the states.”

There’s much more at the Time Magazine link.

Two brief commentaries from TNR:

Elie Quinland Houghtaling at The New Republic: Trump Hints Another January 6 Could Happen If He Loses the Election.

Donald Trump hasn’t quite let go of the possibility of utilizing mob violence if he loses the next election.

In a sprawling interview for Time magazine, Trump hinted that leveraging political violence to achieve his end goals was still on the table.

“If we don’t win, you know, it depends,” he told Time. “It always depends on the fairness of the election.”

And from Trump’s perspective, that’s winning rhetoric. According to him, his incendiary comments supporting a mob mentality, his early warnings of forthcoming abuses of power, and his threats to be a dictator on “day one” are only inching him closer to the White House. “I think a lot of people like it,” Trump told Time….

Meanwhile, the trial that will determine Trump’s level of involvement on the day that his followers actually attempted to overthrow Congress’s certification of the 2020 vote has been indefinitely waylaid by the former president’s claim of presidential immunity. The Supreme Court heard arguments for that case last week. It is currently unclear how the justices will decide the case, though they are expected to issue an opinion sometime between the end of June and early July.

Also from TNR, by Hafiz Rashid: If This Trump Warning on 2024 Doesn’t Scare You, You’re Sleepwalking. Donald Trump is warning that 2024 could be America’s “last election.”

If you ask Donald Trump, the election could determine the fate of the United States itself.

“If we don’t win on November 5, I think our country is going to cease to exist. It could be the last election we ever have. I actually mean that,” the former president said at a campaign rally in Grand Rapids, Michigan, on Tuesday.

JeeYoung Lee, Panic Room, 2010

JeeYoung Lee, Panic Room, 2010

In fact, looking at Trump’s plans for a potential second term, it’s more likely that the opposite is true. He has claimed that he wants to be a dictator, but only on “day one,” and plans to install his legal allies at all levels of government. And his Cabinet? It’s sure to be full of ideologues, immigration hard-liners, and outright fascists. Even conservative judges claim he’ll shred the legal system.

But Trump’s remarks could also be a veiled threat that he should win, or else. The far right, from Trump down to militias, hate groups, and grassroots MAGA supporters, could react violently if the election doesn’t go in their favor.

As Brynn Tannehill wrote for The New Republic in March, “The election cycle either ends in chaos and violence, balkanization, or a descent into a modern theocratic fascist dystopia.” It might not be a stretch to suggest that Trump could plan another January 6–type event if he loses. After all, only months prior to the Capitol insurrection, he urged the Proud Boys to “stand back and stand by” on a debate stage.

Molly Olmstead at Slate: The Most Alarming Answer From Trump’s Interview With Time.

On April 12, former President Donald Trump sat for an interview with Time. That interview, which ran with some follow-up questions from this past Saturday, was published on Tuesday, and it included a number of alarming tidbits from Trump, many of which reaffirmed his earlier extreme positions or took them further.

But perhaps the most shocking response dealt with a hypothetical posed by the reporter, Eric Cortellessa. Relatively early in the conversation, Cortellessa pushed Trump to take a stance on a federal abortion ban. Trump refused, insisting that his views on abortion did not matter—that he was leaving it up to the states to decide, and that was that. Even as Cortellessa insisted that it was “important to voters” to know where he stands, Trump didn’t budge, even when asked how he felt about women being punished for having abortions. Cortellessa then raised the prospect of a surveillance state keeping tabs on women and their reproductive systems:

Cortellessa: Do you think states should monitor women’s pregnancies so they can know if they’ve gotten an abortion after the ban?

Trump: I think they might do that. Again, you’ll have to speak to the individual states. Look, Roe v. Wade was all about bringing it back to the states. 

Trump’s refusal to take a stance on such a sinister possibility shows he remains just as concerned about disappointing his white evangelical base as he is about alienating more moderate voters. But he may have underestimated just how radical this nonstance really was, and just how unsettling it may seem to voters.

That ended up being a theme of the more than hourlong interview: Trump dodged so many questions by railing about his victimhood, boasting about his victories, or just straight-out lying, but when he did give a direct response, it showed a man who had learned no lessons from his 2020 loss or his ongoing legal challenges. The Trump of the interview was just as extreme as ever.

Read the rest at Slate.

Ed Pilkington at The Guardian: Trump threatens to prosecute Bidens if he’s re-elected unless he gets immunity.

Donald Trump has warned that Joe Biden and his family could face multiple criminal prosecutions once he leaves office unless the US supreme court awards Trump immunity in his own legal battles with the criminal justice system.

In a sweeping interview with Time magazine, Trump painted a startling picture of his second term, from how he would wield the justice department to hinting he may let states monitor pregnant women to enforce abortion laws….

Portrait of the Late Mrs. Partridge, by Leonora Carrington

Portrait of the Late Mrs. Partridge, by Leonora Carrington

Trump made a direct connection between his threat to appoint a special prosecutor to investigate the Bidens should he win re-election in November with the case currently before the supreme court over his own presidential immunity.

Asked whether he intends to “go after” the Bidens should he gain a second term in the White House, Trump replied: “It depends what happens with the supreme court.”

If the nine justices on the top court – three of whom were appointed by Trump – fail to award him immunity from prosecution, Trump said, “then Biden I am sure will be prosecuted for all of his crimes, because he’s committed many crimes”.

Trump and his Republican backers have long attempted to link Biden to criminal wrongdoing relating to the business affairs of his son Hunter Biden, without unearthing any substantial evidence. Last June, in remarks made at his golf course in Bedminster, New Jersey, Trump threatened to appoint a special prosecutor were he re-elected “to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family”. [….]

Several of Trump’s comments in the Time interview will ring alarm bells among those concerned with the former president’s increasingly totalitarian bent.

Trump’s remarks raise the specter that, were he granted a second presidential term, he would weaponize the justice department to seek revenge against the Democratic rival who defeated him in 2020.

Despite the violence that erupted on 6 January 2021 at the US Capitol after he refused to accept defeat in the 2020 election, which is the subject of one of two federal prosecutions he is fighting, Trump also declined to promise a peaceful transfer of power should he lose again in November.

Asked by Cortellessa whether there would be political violence should Trump fail to win, he replied: “If we don’t win, you know, it depends. It always depends on the fairness of an election.”

Pouring yet more gasoline on to the fire, Trump not only repeated his falsehood that the 2020 election had been stolen from him, but said he would be unlikely to appoint anyone to a second Trump administration who believed Biden had legitimately prevailed four years ago. “I wouldn’t feel good about it, because I think anybody that doesn’t see that that election was stolen – you look at the proof,” he said.

Philip Bump at The Washington Post: Trump won’t say what he plans to do as president.

The cover story of Time magazine is presented as definitive.

“If he wins,” it states over a picture of former president Donald Trump sitting on a stool. The story from reporter Eric Cortellessa bears the headline, “How far Trump would go,” and interweaves quotes from a lengthy interview Trump granted Cortellessa with the reporter’s assessments of what it tells us about a potential second Trump term.

Max Ernst, The Barbarians

Max Ernst, The Barbarians

But as is often the case, a lot of what Trump is reported as planning to do is constructed from murky, noncommittal answers Trump offered to specific questions. The interview is very revealing about Trump’s approach to the position in that it strongly suggests he hasn’t thought much about important issues, and makes clear how relentlessly he relies on rhetoric to derail questions.

The interview is not revealing about what Trump is firmly committed to doing. But that’s revealing in its own way: It makes it obvious that a second term, like the first, would see policy and executive actions driven by whomever is around Trump. And Trump is clearly committed to having around him only people who share his political worldview.

Before we list the firm policy commitments Trump offered to Cortellessa, which won’t take long, it’s useful to point out all the revealing comments Trump made simply by being given the space to talk.

For example, when asked whether he would use the military to help deport immigrants despite prohibitions against deploying the military against civilians, Trump told Cortellessa that “these aren’t civilians.” He claimed they were, instead, part of an “invasion,” rhetoric he’s used before. This is false — but revealing about Trump’s potential willingness to use force as part of a deportation effort.

I don’t know about this. I thought Trump made his plans pretty clear–especially because we can base our interpretations on what he has already done. But you can read more at the WaPo link.

Nicholas Nehamas and Reid J. Epstein at The New York Times: Biden and Democrats Seize on Trump’s Striking Interview.

The Biden campaign is mounting a concerted push to attack former President Donald J. Trump over statements he made to Time magazine in a wide-ranging interview published Tuesday morning, particularly on abortion.

In the interview, Mr. Trump refused to commit to vetoing a national abortion ban and said he would allow states to monitor women’s pregnancies and prosecute those who violated abortion restrictions.

“This is reprehensible,” President Biden wrote on X. “Donald Trump doesn’t trust women. I do.”

Julie Chavez Rodriguez, Mr. Biden’s campaign manager, said in a statement that Mr. Trump would “sign a national abortion ban, allow women who have an abortion to be prosecuted and punished, allow the government to invade women’s privacy to monitor their pregnancies and put I.V.F. and contraception in jeopardy nationwide.”

Abortion has become a winning issue for Democrats, and Mr. Biden has argued that Mr. Trump and Republicans will continue to erode abortion rights. He and Vice President Kamala Harris have campaigned heavily on the issue in battleground states, and Democrats hope that state ballot initiatives to protect abortion rights will help their candidates for president, Congress and state offices. Their messaging has sought to pin state abortion bans directly on Mr. Trump, whose appointees to the Supreme Court helped overturn Roe v. Wade….

The former president also told Time that he would deploy the U.S. military to detain and deport migrants, and did not dismiss the possibility of political violence should he lose the election.

Democrats highlighted some of those statements as well.

“Donald Trump’s repeated threats of political violence are as horrifying and dangerous as they are un-American,” said Alex Floyd, a spokesman for the Democratic National Committee. “Trump is hellbent on threatening our democracy, win or lose.”

Hillary Clinton urged her followers on X to read about Mr. Trump’s plans for a second term and “take them seriously.”

That’s all I have today. I truly believe that our democracy is hanging in the balance. Whatever you think of Joe Biden, he has generally been a good president. Trump was a disaster last time, and if he wins again, it will be be far worse–beyond anything we can imagine.


Wednesday Reads

Good Morning!!

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

Reading Woman Daydreaming, by Henri Matisse

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reuss, Albert, 1889-1975; Woman Reading

Albert Reuss 1889-1975, Woman Reading

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

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

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

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

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

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

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

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

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

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

Berthe Morisot, 1873

By Berthe Morisot, 1873

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

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

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

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

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

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

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

In the News Today:

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

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

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

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

A Woman Reading, by Pablo Picasso, 1920

A Woman Reading, by Pablo Picasso, 1920

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

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

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

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

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

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

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

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

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

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

Albert Reuss, Lady Reading a Book

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nice guy.

On Trump’s NYC criminal trial

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

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

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

John, Gwen, 1876-1939; The Convalescent

The Convalescent, by Gwen John, 1876-1939

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

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

I’ll bet Trump just loves that story.

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

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

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

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

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

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

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

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

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

There are two Donald Trump criminal trials now taking place.

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

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

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

Reading Woman, by Henri Matisse

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

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

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

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

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

Poor, pitiful Donald.

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