The Conversation -- May 19, 2024

Holly Bailey & Cleve Wootson of the Washington Post: “President Biden delivered a commencement address devoid of major interruptions or protests at Morehouse College on Sunday, using the platform to reach out to the Black voters at a time when their enthusiasm for him has waned in recent polls.... As many as six students could be seen seated with their backs to Biden at one point, fists raised in the air. At least one faculty member appeared to be doing the same thing. Biden recognized the protests and said he respected them. 'Let me be clear: I support peaceful nonviolent protest. Your voices should be heard and I promise I hear them,' he said.... [Biden] touted historic investments in historically Black colleges and universities like Morehouse and highlighted the diversity he has put in place at the highest levels of government. He said he was drawn into politics by the example of Martin Luther King Jr., a Morehouse graduate whose bust sits in the Oval Office. Biden also sought to contrast himself with Donald Trump..., saying Trump and other Republicans would dismantle the progress Black Americans have made in the past three years.”

Aileen Graef & Avery Lotz of CNN: “House GOP Conference Chair Elise Stefanik delivered remarks at the Israeli Knesset Sunday, saying victory for Israel in the war against Hamas starts with 'wiping' those responsible for the October 7 terrorist attacks 'off the face of the Earth' and calling for a return to ... Donald Trump’s policies.... 'There can be no retrievable dignity for Hamas and its backers,' she said in her speech in which she called herself a 'leading proponent and partner' to Trump and sharply criticized the Biden administration.... Her speech makes her the highest-ranking House Republican to address the Israeli governing body since the October 7 attacks, according to the GOP conference.... In a rare instance of a member of Congress publicly criticizing the American president to a foreign government, Stefanik went after Biden, saying there is 'no excuse' for his administration blocking military aid to Israel.” The CBS News report is here. See Akhilleus' commentary in today's thread.

Mark Berman of the Washington Post: “The federal judge who sentenced the man convicted of violently attacking Nancy Pelosi’s husband said Saturday that she would reopen the sentencing portion of the case later this month, acknowledging that she had not properly given him a chance to speak in court.... In a motion filed Friday in the U.S. District Court for the Northern District of California, prosecutors said DePape should have been given an opportunity to allocute — or speak on his behalf — before being sentenced.... U.S. District Judge Jacqueline Scott Corley, who sentenced DePape on Friday, wrote in an order that no one had informed her during sentencing that she had not directly addressed DePape to give him a chance to speak. Corley, who was nominated to the bench in 2022 by President Biden, wrote that 'it was the Court’s responsibility to personally ask' DePape whether he wanted to speak. 'As the Court did not do so, it committed clear error.'”

Iran. Farnaz Fassihi of the New York Times: “A helicopter carrying President Ebrahim Raisi crashed on Sunday, according to Iran’s state media and the country’s mission to the United Nations, but has yet to be found by search-and-rescue workers because of heavy fog. The helicopter was also carrying Hossein Amir Abdollahian, Iran’s foreign minister. The state news agency IRNA reported that an enormous search operation involving 16 teams was underway to locate the helicopter. Inclement weather, the reports said, was hampering the effort. The teams had yet to locate the crash site after almost five hours.”

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Nick Mourtoupalas of the Washington Post: “In three and a half years, President Biden has already installed more non-White federal judges than any president in history. His slate of judges is also majority female — another first.... More than 6 in 10 Biden-appointed judges are women.” With charts. MB: This is the kind of stuff lost upon the dimwits who plan to sit out the presidential election because they're so “disappointed” in Joe Biden.

Maegan Vazquez of the Washington Post (May 17): “House Speaker Mike Johnson (R-La.) chided lawmakers Friday for a meeting the night before that devolved into a partisan shouting match between committee members and included personal attacks about intelligence and appearance. Johnson told reporters that the incident was 'not a good look for Congress' and that members need to treat one another with 'dignity and respect' despite their political differences.” ~~~

     ~~~ Marie: Okay, Mikey, I'll give you that. But is it “a good look for Congress” for the Speaker of the House to make a pilgrimage to Manhattan (on a day Congress was in session) to stand outside a courthouse to declare that the trial going on inside is a “sham,” that it represents “election interference” and that the defendant is “innocent of the charges”? Some people would say it's less disruptive to attack a colleague's appearance than it is for the person third in line to the presidency to stand before the public and undermine the rule of law. Just sayin'. ~~~

     ~~~ AND Some Nameless GOP House Members Knock Johnson. Mychael Schnell & Mike Lillis of the Hill: “Speaker Mike Johnson’s (R-La.) decision to appear this week at former President Trump’s hush money trial in Manhattan is sparking new blowback from some House Republicans, who are questioning why he would inject himself so prominently in a case involving an alleged affair with a porn star. These Republicans, who requested to speak anonymously to discuss the sensitive topic, are accusing Johnson — a devout Southern Baptist who built a career around the fight for Christian values and moral conservatism — of undermining the party’s family values image simply to ingratiate himself with Trump....”

 Trials of Trump & the Trump Mob

Devlin Barrett, et al., of the Washington Post: “After brashly declaring he wanted to testify in his criminal trial, it appears increasingly unlikely that Donald Trump will do so.... The judge’s discussions with lawyers in recent days indicate that even if the defense calls a small number of witnesses, they do not expect Trump to be one of them.... [Trump lawyer Todd] Blanche said in court on Thursday that the defense would like to call Brad Smith, an expert on federal election law, even though the judge has put strict limits on what he can testify about in this case because the jury’s job is to make findings of fact, not law.”

Marie: I'll have to stop linking to Crooks & Liars posts. Yesterday, and for the second time this year, I've linked to a Crooks & Liars post that turned out to be untrue in part. According to the Crooks & Liars post, the New York Post reported that Giuliani's “political advisor” told the Post, “It's unfortunate that they chose to barge up and startle guests during a celebration of this man's 80th birthday.” Now, it's possible the Post story has changed, but that language does not now appear in the Post story at all. And the Post article describes Goodman as Giuliani's spokesman, not as a political advisor. If the Post changed its original story, Crooks & Liars did not update theirs to reflect the change. Here's a more reliable report: ~~~

     ~~~ Anna Betts of the New York Times: “Richie Taylor, a spokesman for Kris Mayes, Arizona’s attorney general who brought the indictment, said that Mr. Giuliani was served on Friday night at around 11 p.m. in Palm Beach County, Fla., as he left his 80th birthday party. 'The agents by no means disrupted his event. They waited to serve him outside as he left,' Mr. Taylor said.” So then Goodman tried to unsay his statement to the New York Post: “Mr. Giuliani’s spokesman, Ted Goodman, confirmed in a statement on Saturday that Mr. Giuliani was served 'after the party, after guests had left and as he was walking to the car.'” And who gave Arizona agents the opportunity to “startle” Rudy's guests (even though they did not do so)? Why, Rudy himself: “We would have preferred to serve him three weeks ago when everyone else was served,' [Taylor] said, adding that Mr. Giuliani had avoided the attempts and had been taunting the office online.” AND, as Akhilleus pointed out in yesterday's Comments, Rudy himself told another whopper: “Several hours before it began, Mr. Giuliani posted on X a now-deleted photo of himself with a group of people, captioned: 'If Arizona authorities can’t find me by tomorrow morning: 1. They must dismiss the indictment; 2. They must concede they can’t count votes.' Mr. Taylor said that though the initial scheduled court appearance was approaching, there was no deadline to serve the notice.”

Presidential Race

Filip Timotija of the Hill: “President Biden during a campaign reception in Atlanta urged his supporters to stand up against former President Trump.... 'Folks, Trump isn’t running to lead America. He’s running for revenge,' Biden said Saturday, according to pool notes. 'And look, revenge is no way to lead a country.' Biden, who traveled to Atlanta to give the commencement address at Morehouse College Sunday, courted Georgia voters in the state’s capital city on Saturday, warning that 'unhinged' Trump is a threat to 'democracy.'”

Filip Timotija of the Hill: “Former President Trump urged National Rifle Association (NRA) members to 'be rebellious and vote' for him in the 2024 election, after accepting the endorsement from the gun rights advocacy group. Trump pledged to thousands of attendees at NRA’s convention in Dallas that he will 'stand strong for your rights and liberties,' claiming the Second Amendment is 'under siege' while President Biden is in office.”

Tara Suter of the Hill: “Former President Trump said he wants President Biden to be drug-tested before their first debate. 'I’m gonna demand a drug test too, by the way,' Trump said at the Minnesota Republican Party’s Lincoln Reagan Dinner Friday. 'I am, no I really am. I don’t want him coming in like the State of the Union, he was high as a kite.'”

Donnie Delusional. Neil Vigdor of the New York Times: “... Donald J. Trump, speaking Friday night in Minnesota, which he vowed to boycott if he lost there in 2020, falsely claimed that he had won the state twice, adding that it was in play for him in 2024. 'I thought we won it in 2016,' Mr. Trump said during a fund-raiser for the state’s Republican Party in St. Paul, Minn. 'I know we won it in 2020.' The last time a Republican presidential candidate won Minnesota was in 1972, when Richard M. Nixon carried the state.... Earlier on Friday, Minnesota’s Democratic governor, Tim Walz, assailed Mr. Trump over his false claims to a local television station that he had won the state in 2020.... Mr. Trump began his day at the high school graduation of his youngest son, Barron, in Florida, which the judge presiding over his trial in New York had given him the day off from court to attend. That did not stop him from lobbing further attacks at the judge, Juan M. Merchan, whom he falsely accused of denying his request to be excused.”

Donald Trump Has Been Asking, “Are You Better Off Than You Were Four Years Ago?” Let's Check. Here's a story appearing in the May 19, 2020 New York Times to remind you not only of how Trump lied and lied again & dreamed up fake conspiracy theories but also of how Bill Barr misused the DOJ: “Attorney General William P. Barr dismissed President Trump’s attempts to rebrand the Russia investigation as a criminal plot engineered by former President Barack Obama, saying on Monday that he expected no charges against either Mr. Obama or former Vice President Joseph R. Biden Jr. as a result of an investigation into how their administration handled Russian election interference.“As long as I’m attorney general, the criminal justice system will not be used for partisan political ends,” Mr. Barr said during a news conference.... Mr. Barr said that John H. Durham ... was examining some aspects of the [Russia election-meddling investigation] for potential crimes, but that he was focused on other people, not Mr. Obama or Mr. Biden.” ~~~

     ~~~ At the same time, Trump was creating new headaches for those trying to get control over the pandemic. New York Times: “President Trump said on Monday that he had been taking hydroxychloroquine, an antimalarial drug the Food and Drug Administration warned could cause serious heart problems for coronavirus patients. He said he was taking the drug as a preventive measure and continued to test negative for the coronavirus.... Mr. Trump’s announcement surprised many of his aides and drew immediate criticism from a range of medical experts, who warned not just of the dangers it posed for the president’s health but also of the example it set.”

     ~~~ Thanks to RAS for the link.

~~~ Amanda Marcotte of Salon: "Justice" Samuel "Alito, who has never been interested in honesty with the public, offered a glib [response to a New York Times report that shortly after January 6, 2021, a flag in support of the insurrectionists flew in his front yard. He told the Times], 'I had no involvement whatsoever in the flying of the flag.' Instead, he blamed his wife, saying she flew the inverted flag as a 'response to a neighbor’s use of objectionable and personally insulting language on yard signs.'... A more honest description of the conflict would be that the Alitos rejected their neighbor's right to express their political opinions freely. In order to convey their disapproval of this use of First Amendment rights, the Alito household sent a message of support to people who used violence in an attempt to destroy American democracy. As more than one commentator pointed out, Alito continues to run around pretending he's a champion of "free speech," but when his neighbors expressed an opinion held by most Americans, he (or his wife, if you believe him) responded with an endorsement of violence to end constitutional democracy as we know it."

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Israel/Palestine, et al.

The Party of Traitors. Michael Bender & Annie Karni of the New York Times: “Representative Elise Stefanik of New York will be the highest-ranking House Republican to address the Israeli Parliament since the Oct. 7 terrorist attack with a speech on Sunday that is expected to deliver a forceful rebuke of President Biden and his fellow Democrats while presenting her party as the true allies of the Jewish state. Ms. Stefanik’s speech comes as the Biden White House is urging Israel to end the war in Gaza, and it builds on the Republican political strategy to capitalize on Democratic divisions over Israel’s response to the terrorist attacks.”

Wafaa Shurafa, et al., of the AP: “Benny Gantz, a popular centrist member of Israel’s three-member War Cabinet, threatened Saturday to resign from the government if it doesn’t adopt a new plan in three weeks’ time for the war in Gaza, a decision that would leave Prime Minister Benjamin Netanyahu more reliant on far-right allies.... Gantz spelled out a six-point plan that includes the return of hostages, ending Hamas’ rule, demilitarizing the Gaza Strip and establishing an international administration of civilian affairs with American, European, Arab and Palestinian cooperation. The plan also supports efforts to normalize relations with Saudi Arabia and widen military service to all Israelis.”

The Conversation -- May 18, 2024

     ~~~ Thanks to RAS for the link.

Donnie Delusional. Neil Vigdor of the New York Times: “... Donald J. Trump, speaking Friday night in Minnesota, which he vowed to boycott if he lost there in 2020, falsely claimed that he had won the state twice, adding that it was in play for him in 2024. 'I thought we won it in 2016,' Mr. Trump said during a fund-raiser for the state’s Republican Party in St. Paul, Minn. 'I know we won it in 2020.' The last time a Republican presidential candidate won Minnesota was in 1972, when Richard M. Nixon carried the state.... Earlier on Friday, Minnesota’s Democratic governor, Tim Walz, assailed Mr. Trump over his false claims to a local television station that he had won the state in 2020.... Mr. Trump began his day at the high school graduation of his youngest son, Barron, in Florida, which the judge presiding over his trial in New York had given him the day off from court to attend. That did not stop him from lobbing further attacks at the judge, Juan M. Merchan, whom he falsely accused of denying his request to be excused.”

At Your Service! Conover Kennard of Crooks & Liars: "Arizona officials have been trying to locate formerTrump attorney Rudy Giuliani to serve him with an indictment after a grand jury indicted 18 people in late April over an alleged attempt to alter the results of the 2020 presidential election. So, Giuliani took to Xitter to taunt the authorities at his 80th birthday party in Palm Beach, saying in part, 'If Arizona authorities can't find me by tomorrow morning, they must dismiss the indictment.' And, of course, Giuliani was served.... 'It's unfortunate that they chose to barge up and startle guests during a celebration of this man's 80th birthday,' [Giuliani advisor Ted] Goodman told the [New York Post].”

Wafaa Shurafa, et al., of the AP: “Benny Gantz, a popular centrist member of Israel’s three-member War Cabinet, threatened Saturday to resign from the government if it doesn’t adopt a new plan in three weeks’ time for the war in Gaza, a decision that would leave Prime Minister Benjamin Netanyahu more reliant on far-right allies.... Gantz spelled out a six-point plan that includes the return of hostages, ending Hamas’ rule, demilitarizing the Gaza Strip and establishing an international administration of civilian affairs with American, European, Arab and Palestinian cooperation. The plan also supports efforts to normalize relations with Saudi Arabia and widen military service to all Israelis.”

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Luke Broadwater of the New York Times has recounted the news from Thursday's meeting of the House Oversight Committee and Permanent Select Fight Club, a short clip of which was embedded yesterday. My favorite part of the exchange of ideas -- which you can hear in the video -- is this: “The fighting continued, but Ms. Crockett was not about to allow Ms. Greene’s original insult to go unanswered. Couching her own jab in a procedural question allowed under committee rules, Ms. Crockett inquired of Mr. Comer: 'I’m just curious, just to better understand your ruling: If someone on this committee then starts talking about somebody’s bleach-blonde, bad-built, butch body, that would not be engaging in personalities, correct?' 'A what now?' Mr. Comer said.” (Also linked yesterday.)

William Rashbaum, et al., of the New York Times: “A state ethics panel quietly dismissed a complaint last summer against the New York judge presiding over the criminal trial of Donald J. Trump, issuing a warning over small donations the judge had made to groups supporting Democrats, including the campaign of Joseph R. Biden Jr. The judge, Juan M. Merchan, donated a total of $35 to the groups in 2020, including a $15 donation earmarked for the Biden campaign, and $10 to a group called 'Stop Republicans.' Political contributions of any kind are prohibited under state judicial ethics rules.... 'Justice Merchan said the complaint, from more than a year ago, was dismissed in July with a caution,' the spokesman for the court system, Al Baker, said in a statement.”

Marie: Did Michael Cohen lie in his testimony this week as Trump's lawyer Todd Blanche tried to show? According to this analysis by Aaron Blake of the Washington Post, it doesn't look that way to me. Cohen, in direct testimony, had relied on reconstructions -- based on phone logs, texts and documents -- that prosecutors had presented to him during interviews & trial prep. If the conversation he recalled in direct testimony took place at a different time or was very brief, it really doesn't matter. Moreover, as Blake notes, "The importance of the Oct. 24 phone call is debatable." Of course it will be up to prosecutors to rehabilitate Cohen on this point, and it does seem the possible error might have been at least partially their faults. But it wasn't a lie, IMO, and it wasn't a knockout punch, either. Prosecutors should be able to clean up Cohen's testimony in redirect. (Also linked yesterday.)

Danny Hakim & Rowan Gerety of the New York Times: “John Eastman, a lawyer who advised Donald J. Trump’s 2020 election campaign, was arraigned in Phoenix on Friday on state criminal charges that he helped try to keep Mr. Trump in power after he lost the last presidential election. Mr. Eastman is the first of 18 defendants to come before a judge in the Arizona case, which was brought by Kris Mayes, the state attorney general. Mr. Eastman faces charges of fraud, forgery and conspiracy.... In Phoenix, Mr. Eastman appeared in a cramped basement courtroom with a glass-walled holding cell on one side, where defendants awaiting arraignment in other cases wore shackles and orange jumpsuits. The arraignment of Mr. Eastman, who wore a blue suit, lasted less than three minutes. A judge read him his rights, and state prosecutors, citing his compliance, did not ask for any conditions to be imposed on his release pending trial.” Eastman pleaded not guilty. (Also linked yesterday.) CNN's story is here.

Azi Paybarah of the Washington Post: “David DePape, the man whose embrace of right-wing conspiracy theories led him to break into Nancy Pelosi’s San Francisco home and bludgeon her 82-year-old husband, was sentenced Friday to 30 years in prison. Federal prosecutors had asked for a 40-year term, arguing that the attack constituted an act of terrorism.... In a letter sent to the federal judge before Friday’s sentencing, Nancy and Paul Pelosi asked the court for a 'very long' sentence for DePape, CBS News reported. Paul Pelosi also detailed the lingering effects of the attack in the letter.” The AP's report is here.

Matthew Chapman of the Raw Story: "... a Fox News reporter who spoke to ['Justice' Sam] Alito is revealing new details [about the pro-coup flag flying in his front yard in January 2021].... 'I spoke directly with Justice #Alito about the flag story in the NYT.... He told me a neighbor on their street had a "F--- Trump" sign that was within 50 feet of where children await the school bus in Jan 21. Mrs. Alito brought this up with the neighbor,' posted Shannon Bream on X. 'According to Justice Alito, things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks,' Bream continued. 'Justice Alito says he and his wife were walking in the neighborhood and there were words between Mrs. Alito and a male at the home with the sign. Alito says the man engaged in vulgar language, "including the c-word". Following that exchange, Mrs. Alito was distraught and hung the flag upside down "for a short time". Justice Alito says some neighbors on his street are "very political" and acknowledges it was a very heated time in January 2021.... Congressional staffer Aaron Fritschner pointed out ... [that area schools] were all remote in January of 2021. No children were waiting for buses.'..." ~~~

     ~~~ Marie: Oh, so no innocent children to protect from seeing dirty words? Why, it's almost as if Alito is lying! But hey, it's understandable! Isn't treason the most appropriate response to obscene language? ~~~

~~~ Rebecca Shabad & Monica Alba of NBC News: “Senate Majority Whip Dick Durbin, D-Ill., said Friday that Supreme Court Justice Samuel Alito should recuse himself from cases related to the 2020 election after a new report said an upside-down American flag flew outside his home in the days after the Jan. 6, 2021, attack on the Capitol and before President Joe Biden's inauguration. Some Trump supporters who were present at the Jan. 6 riot, fueled by ... Donald Trump's baseless claims that he had won the 2020 election, appear to have similarly displayed the flag around the time of Jan. 6 attack. 'Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias. Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection,' Durbin, chairman of the Senate Judiciary Committee, said in a statement.” See also yesterday's Comments for some discussion of Sam and his “distraught” wife.

Amanda Terkel & Monica Alba of NBC News: “President Joe Biden's campaign rejected two additional debates on Friday that ... Donald Trump's campaign says it agreed to do. One was a proposal for a presidential debate hosted by NBC News and Telemundo. The other was for a vice presidential debate hosted by Fox News at Virginia State University, a historically Black college.... 'The debate about debates is over,' a Biden campaign official said. 'No more games.'”

Jack Ewing of the New York Times: “Workers at two Mercedes-Benz factories near Tuscaloosa, Ala., voted on Friday against allowing the United Automobile Workers to represent them, a stunning blow to the union’s campaign to gain ground in the South, where it has traditionally been weak. The defeat came after Kay Ivey, Alabama’s governor, and other Republican leaders argued that a pro-union vote would choke off the investment that has transformed the state into a major auto producer. The union’s setback dims the chances that it will be able to quickly organize workers at Hyundai and Honda, which also have large factories in Alabama.” The AP's story is here.

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Israel/Palestine, et al.

** Ronen Bergman & Mark Mazzetti of the New York Times in the New York Times Magazine: “After 50 years of failure to stop violence and terrorism against Palestinians by Jewish ultranationalists, lawlessness has become the law.... This story is told in three parts. The first documents the unequal system of justice that grew around Jewish settlements in Gaza and the West Bank. The second shows how extremists targeted not only Palestinians but also Israeli officials trying to make peace. The third explores how this movement gained control of the state itself. Taken together, they tell the story of how a radical ideology moved from the fringes to the heart of Israeli political power.

The Conversation -- May 17, 2024

Luke Broadwater of the New York Times recounts the news from Thursday's meeting of the House Oversight Committee and Select Fight Club, a clip of which is embedded below. My favorite part of the exchange of ideas -- which you can hear in the video -- is this: "The fighting continued, but Ms. Crockett was not about to allow Ms. Greene's original insult to go unanswered. Couching her own jab in a procedural question allowed under committee rules, Ms. Crockett inquired of Mr. Comer: 'I'm just curious, just to better understand your ruling: If someone on this committee then starts talking about somebody's bleach-blonde, bad-built, butch body, that would not be engaging in personalities, correct?' 'A what now?' Mr. Comer said."

Marie: Did Michael Cohen lie in his testimony this week as Trump's lawyer Todd Blanche tried to show? According to this analysis by Aaron Blake of the Washington Post, it doesn't look that way to me. Cohen, in direct testimony, had relied on reconstructions -- based on phone logs, texts and documents -- that prosecutors had presented to him during interviews & trial prep. If the conversation he recalled in direct testimony took place at a different time or was very brief, it really doesn't matter. Moreover, as Blake notes, "The importance of the Oct. 24 phone call is debatable." Of course it will be up to prosecutors to rehabilitate Cohen on this point, and it does seem the possible error might have been at least partially their faults. But it wasn't a lie, IMO, and it wasn't a knockout punch, either. Prosecutors should be able to clean up Cohen's testimony in redirect.

Danny Hakim & Rowan Gerety of the New York Times: "John Eastman, a lawyer who advised Donald J. Trump's 2020 election campaign, was arraigned in Phoenix on Friday on state criminal charges that he helped try to keep Mr. Trump in power after he lost the last presidential election. Mr. Eastman is the first of 18 defendants to come before a judge in the Arizona case, which was brought by Kris Mayes, the state attorney general. Mr. Eastman faces charges of fraud, forgery and conspiracy.... In Phoenix, Mr. Eastman appeared in a cramped basement courtroom with a glass-walled holding cell on one side, where defendants awaiting arraignment in other cases wore shackles and orange jumpsuits. The arraignment of Mr. Eastman, who wore a blue suit, lasted less than three minutes. A judge read him his rights, and state prosecutors, citing his compliance, did not ask for any conditions to be imposed on his release pending trial." Eastman pleaded not guilty.

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Glenn Thrush & Luke Broadwater of the New York Times: "President Biden has asserted executive privilege to deny House Republicans access to recordings of his interview with a special counsel investigating his handling of government documents, Justice Department officials and the White House counsel said on Thursday. The move is intended to shield Attorney General Merrick B. Garland from prosecution if House Republicans succeed in their effort to hold him in contempt for refusing to turn over audio of Mr. Biden's conversations with the special counsel, Robert K. Hur.... 'It is the longstanding position of the executive branch held by administrations of both parties that an official who asserts the president's claim of executive privilege cannot be prosecuted for criminal contempt of Congress,' Carlos F. Uriarte, the assistant attorney general for legislative affairs, wrote in a letter to Representative Jim Jordan of Ohio ... and Representative James R. Comer of Kentucky...." (Also linked yesterday.) ~~~

     ~~~ The story has been updated: "Later on Thursday, two House committees voted along party lines to recommend holding Mr. Garland in contempt of Congress for refusing to comply with their subpoenas demanding the recordings. The Judiciary Committee approved its resolution against Mr. Garland first, 18 to 15. The Oversight Committee postponed its own vote until the evening because so many of its members had traveled to New York to support Mr. Trump at his criminal trial there. After a lengthy night session marred by an unusually high volume of personal attacks and other antics, the Republican-led panel voted 24 to 20 to join the Judiciary Committee in recommending a contempt charge.... Approval [by the full House] is not certain, given Republicans' narrow majority and intraparty divisions, congressional aides said." ~~~

     ~~~ Michael Luciano of Mediaite: "The usually raucous House Oversight Committee managed to outdo itself on Thursday night, as members got personal with one another.... During the hearing, trouble began when Rep. Marjorie Taylor Greene (R-GA) asked if any Democratic committee members employ the daughter of Judge Juan Merchan, who is presiding over former President Donald Trump's criminal trial in New York. Merchan's daughter works for a political consulting firm whose services Rep. Dan Goldman (D-NY) -- who sits on the committee -- has enlisted. Rep. Jasmine Crockett (D-TX) asked Greene what relevance her question had. After some crosstalk, Greene commented about Crockett's 'fake eyelashes,' which ignited the tinderbox and prompted Rep. Alexandria Ocasio-Cortez (D-NY) to demand Chairman James Comer (R-KY) order Greene's words be 'taken down,' or expunged from the record[.]... Comer ruled that Greene's words would not be taken down. Greene also attacked Ocasio-Cortez, calling her 'not intelligent.'" MB: All in all, I'd say Miss Margie bit off more than she could chew. ~~~

GOP House Members Take a Field Trip to the Courthouse. Annie Karni of the New York Times: "The House was in session at the Capitol on Thursday, but thanks to the latest procession of Republicans reporting for duty in front of a Manhattan criminal courthouse to show support for ... Donald J. Trump at his trial, the party risked ceding its control of the floor. Almost a dozen House Republicans showed up at the courthouse on Thursday, including hard-right rabble rousers like Representatives Matt Gaetz of Florida; Anna Paulina Luna of Florida; Lauren Boebert of Colorado; and Bob Good of Virginia. They said they were there to speak on behalf of Mr. Trump because a gag order had barred him from speaking for himself.... Paul Kane, a reporter for The Washington Post, posted on social media that the large number of Republican absences could allow Democrats to 'pull some hijinks,' such as calling a motion to adjourn and shutting down the chamber all together.... Top Republicans had already changed at least one element of the House schedule to accommodate the G.O.P. field trip. The Oversight Committee postponed a meeting scheduled for Thursday morning to vote on holding Merrick B. Garland, the attorney general, in contempt of Congress, rescheduling it for 8 p.m." ~~~

     ~~~ Oh, the Irony. Jacqueline Alemany of the Washington Post : "... as Reps. Jim Jordan (R-Ohio) and James Comer (R-Ky.) pilloried the White House and the Justice Department [for politicizing the justice system], their committees were hobbled by attendance problems: At least five members were in New York on Thursday morning, standing behind ... Donald Trump at his criminal trial and inserting themselves, and their political views, into the same justice system the two chairmen claimed to be defending from politicization.... The band of pro-Trump lawmakers held an impromptu news conference on the steps of the Manhattan Criminal Courthouse, where they criticized New York Supreme Court Justice Juan Merchan and other participants in the proceedings." MB: But IOKIYAR.

Ben Protess, et al., of the New York Times: "Donald J. Trump's lawyers on Thursday took their best shot at Michael D. Cohen, the star witness in the former president's criminal trial in Manhattan, grilling Mr. Cohen about a medley of misrepresentations, manipulations and outright lies. Seeking to destroy Mr. Cohen's credibility, a defense lawyer, Todd Blanche, portrayed him as an unrepentant criminal and a serial deceiver who took the stand only to exact revenge on Mr. Trump.... While [Mr. Blanche] did not call into question key elements of the prosecution's case, he wearied Mr. Cohen.... Mr. Cohen, a self-described former 'thug' for Mr. Trump who oscillates between defiance and charm, bent on the stand, but did not break.... Some of Mr. Blanche's attacks meandered, and some Mr. Cohen easily turned aside. The questioning drew more than a dozen prosecution objections that the judge sustained and prompted a handful of sidebar conferences at the judge's bench. The interruptions gave a disjointed feeling to a high-stakes confrontation."

Texts, Lies and Videotape. Devlin Barrett & Perry Stein of the Washington Post pose some takeaways from yesterday's cross-examination of Michael Cohen.

We were back in downtown Manhattan Thursday with New York Times reporters who liveblogged the proceedings in the Manhattan District Attorney's criminal case against Donald Trump. For details, see yesterday's Conversation.

Elsewhere in Downtown Manhattan. Benjamin Weiser & Maya Coleman of the New York Times: "With the corruption trial of Senator Bob Menendez of New Jersey underway on Thursday, a prosecutor handed a juror in the first row of the jury box a plastic bag containing an object at the heart of the government's case: a gold bar that glinted under the courtroom lights. One by one, jurors held the bag, turning it over in their hands and feeling its weight before passing it to their neighbor.... The prosecutor, Lara Pomerantz, soon handed jurors another bag containing several gold bars. But before she could hand over a third, the judge, Sidney H. Stein, said the jury 'has gotten a feel for the weight of gold.'... On Thursday, the senator revealed that [his wife, who is also charged but is being tried separately,] was being treated for breast cancer and was preparing to undergo a mastectomy and possible radiation treatment.... On Thursday morning, lawyers for the senator's co-defendants [who are being tried with Mr. Menendez]..., portrayed their clients as friends of the couple whose innocent acts of generosity were being unfairly cast by prosecutors as criminal." A related NJ.com story is here. ~~~

     ~~~ Marie: I suppose those of us who don't have friends who give us gold bars and hundreds of thousands of dollars in cash just don't have very good friends.

Maxine Joselow of the Washington Post: "In one of its biggest steps yet to keep fossil fuels in the ground, the Biden administration announced Thursday that it will end new coal leasing in the Powder River Basin, which produces nearly half the coal in the United States. Climate activists have long pushed the Interior Department to stop auctioning off leases for coal mining on public lands, and they celebrated the decision. It could prevent billions of tons of coal from being extracted from more than 13 million acres across Montana and Wyoming, with major implications for U.S. climate goals. A significant share of the nation's fossil fuels come from federal lands and waters. The extraction and combustion of these fuels accounted for nearly a quarter of U.S. carbon dioxide emissions between 2005 and 2014, according to a study by the U.S. Geological Survey." Thanks to Ken W. for the link. NPR's story emphasizes the controversy over the move.

Molly Nagle & Luke Barr of ABC News: "The Biden administration announced Thursday that it's officially moving forward with a proposal to reclassify marijuana from Schedule I to Schedule III. The Justice Department submitted the Notice of Proposed Rulemaking to the Office of the Federal Register and, if approved, the rescheduling would limit the punishment for those who are in possession of marijuana when it comes to a federal crime. The proposal is subject to a 60-day public comment period. After that, the administrator of the Drug Enforcement Administration can assign an administrative law judge to consider the evidence and make a final scheduling recommendation[.]

** Alito Denigrates U.S. Flag, Violates Ethics Code, Blames Wife. Jodi Kantor of the New York Times: "After the 2020 presidential election, as some Trump supporters falsely claimed that President Biden had stolen the office, many of them displayed a startling symbol outside their homes, on their cars and in online posts: an upside-down American flag. One of the homes flying an inverted flag during that time was the residence of Supreme Court Justice Samuel A. Alito Jr., in Alexandria, Va., according to photographs and interviews with neighbors. The upside-down flag was aloft on Jan. 17, 2021, the images showed.... Donald J. Trump's supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Mr. Biden's inauguration was three days away. Alarmed neighbors snapped photographs, some of which were recently obtained by The New York Times. Word of the flag filtered back to the court, people who worked there said in interviews.

"While the flag was up, the court was still contending with whether to hear a 2020 election case, with Justice Alito on the losing end of that decision. In coming weeks, the justices will rule on two climactic cases involving the storming of the Capitol on Jan. 6, including whether Mr. Trump has immunity for his actions. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances for re-election in the upcoming one.... Judicial experts said in interviews that the flag was a clear violation of ethics rules, which seek to avoid even the appearance of bias.... The court has also repeatedly warned its own employees against public displays of partisan views, according to guidelines circulated to the staff...." Thanks to RAS for the link. (Also linked yesterday.) A derivative AP story is here. ~~~

     ~~~ Marie: As is the fashion these days among Washington's elite (alleged!) corrupt criminals, Alito blamed the Little Missus: He emailed the Times: "I had no involvement whatsoever in the flying of the flag. It was briefly placed by Mrs. Alito in response to a neighbor's use of objectionable and personally insulting language on yard signs." And it does seem the Times obtained corroborating evidence that Sam is telling the truth: "Interviews show that the justice's wife, Martha-Ann Alito, had been in a dispute with another family on the block over an anti-Trump sign on their law." For decades, I've felt sorry for Martha-Ann for having hitched her wagon to Insufferable Sam. I don't feel sorry for her anymore.

Adam Liptak of the New York Times: "The Supreme Court rejected a challenge on Thursday to the way the Consumer Financial Protection Bureau is funded, one that could have hobbled the bureau and advanced a central goal of the conservative legal movement: limiting the power of independent agencies. The vote was 7 to 2, with Justice Clarence Thomas writing the majority opinion.... The central question in the case was whether the way Congress chose to fund the bureau had violated the appropriations clause of the Constitution, which says that 'no money shall be drawn from the Treasury, but in consequence of appropriations made by law.' Justice Thomas said the mechanism was constitutional.... Justice Samuel A. Alito Jr., joined by Justice Neil M. Gorsuch, dissented." MB: Because of course they did. (Also linked yesterday.) Tje ABC News report is here. ~~~

     ~~~ Ian Millhiser of Vox explains: "The Supreme Court delivered a firm and unambiguous rebuke to some of America's most reckless judges on Thursday, ruling those judges were wrong to declare an entire federal agency unconstitutional in a decision that threatened to trigger a second Great Depression." ~~~

     ~~~ Matt Naham of Law & Crime: Sam "Alito appealed to English history and the American founding to buttress his conclusion that majority strayed from the proper path at the expense of the legislative branch.... Alito, who recently wondered during Donald Trump's 'immunity' arguments whether a president has the power to issue a self-pardon, asserted it was reasonable to say that the agency has powers that would make 'a Stuart king' envious. 'It is not an exaggeration to say that the CFPB enjoys a degree of financial autonomy that a Stuart king would envy,' Alito wrote, arguing that the funding mechanism 'blatantly attempts to circumvent the Constitution.'" MB: Not sure why Alito disparages the Stuarts when he's such a fan of witch-hangin' Sir Matthew Hale, knighted & made Lord Chief Justice by Charles II, a Stuart king.

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Alabama. Ruth Marcus of the Washington Post: "Not content to prevent women from obtaining abortions in his own state, Alabama Attorney General Steve Marshall is doing his best to prevent them from traveling to states where the procedure remains legal. Fortunately, a federal judge just ruled that the Constitution won't let him. Unfortunately, we might have more of this kind of zealotry heading our way. Marshall's antiabortion fervor illustrates one of the many shortcomings of the leave-it-to-the-states approach endorsed by, among others..., Donald Trump.... Marshall threatened to prosecute anyone who helped Alabama women obtain abortions elsewhere, asserting that could amount to a 'criminal conspiracy' under state law.... In a ruling on May 6..., U.S. District Judge Myron H. Thompson, a Jimmy Carter appointee, declined Marshall's bid to ... [prosecute] organizations and individuals who provide funding and advice to women seeking abortions out of state..., saying the threat violated the constitutional rights to travel and to freedom of speech."

California. Praveena Somasundaram of the Washington Post: "The president of a public university in California was placed on administrative leave, officials said Wednesday, one day after he'd sent a message announcing that the school had promised pro-Palestinian protesters a review of its investments and an 'academic boycott' of educational programs connected to Israeli institutions. Sonoma State University President Ming-Tung 'Mike' Lee did not have 'appropriate approvals' to send the campuswide message outlining the agreement with students who had been protesting at a pro-Palestinian encampment, Cal State Chancellor Mildred García said in a statement." Politico's story is here.

Florida. Ian Livingston of the Washington Post: "Scorching temperatures set numerous records across South Florida on Wednesday, and historically hot conditions for mid-May will persist through the weekend. On Wednesday, Key West ... register[ed] a heat index of 115 -- matching the highest mark on record for any time of year. The record heat comes after Florida Gov. Ron DeSantis (R) on Wednesday signed a bill scrubbing most references to climate change from state law. Critics say the measure, which will take effect July 1, ignores the threats Florida faces from extreme heat as well as powerful hurricanes and worsening toxic algae blooms.... This brutal combination of heat and humidity has little precedent in May."

New York. Daniel Douglas-Gabriel & Susan Svrluga of the Washington Post: "A group of undergraduate faculty members at Columbia University declared with a vote on Thursday that they have no confidence in President Minouche Shafik, accusing her of violating academic freedom and students' rights in her handling of pro-Palestinian protests on campus. While the action has no legal impact, it signals to trustees, who have voiced strong support for Shafik, that the university leader has lost the support of some professors. The faculty who voted are in the school of Arts and Sciences, which is the largest of Columbia's 21 schools and serves the most students. The motion was introduced by faculty who serve on the board of Columbia's chapter of the American Association of University Professors. Of the 709 faculty who cast a vote, 65 percent supported the motion, 29 percent were against it and 6 percent chose to abstain."

North Carolina. Makiya Seminera of the AP: "Republican lawmakers in North Carolina are pushing forward with their plan to repeal a pandemic-era law that allowed the wearing of masks in public for health reasons, a move spurred in part by demonstrations against the war in Gaza that have included masked protesters camped out on college campuses. The legislation cleared the Senate on Wednesday in a 30-15 vote along party lines despite several attempts by state Senate Democrats to change the bill. The bill, which would raise penalties for someone who wears a mask while committing a crime, including arrested protesters, could still be altered as it heads back to the House. Opponents of the bill say it risks the health of those masking for safety reasons.... Legislative staff said during a Tuesday committee that masking for health purposes would violate the law." Thanks to RAS for the lead.

Texas. They Shoot Protesters, Don't They? David Goodman of the New York Times: "Gov. Greg Abbott of Texas on Thursday pardoned a man who was convicted of fatally shooting a protester during a Black Lives Matter demonstration in the summer of 2020, fulfilling a promise he made last year amid pressure from conservatives. The decision immediately followed a pardon recommendation from the state's Board of Pardons and Paroles, whose members are appointed by the governor. Lawyers for the man, Daniel S. Perry, argued that he had acted in self-defense against the protester, who was carrying an AK-47-style rifle. Mr. Perry was sentenced to 25 years in prison in an emotional hearing last year in which prosecutors presented evidence of racist online comments he had made and said that psychological experts had found him to be 'basically a loaded gun.' As the pardons board considered the case, lawyers with the Travis County district attorney, José Garza, met with the board to argue against a pardon." The Texas Tribune story is here. ~~~

     ~~~ Marie: According to a facsimile of the pardon itself, which accompanies the Times story, Abbott granted "a full pardon and restoration of full civil rights of citizenship." I assume that means that the "basically loaded gun" -- a/k/a Daniel Perry -- will be able to wield his firearms again today.

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Israel/Palestine, et al.

The Washington Post's live updates of developments Friday in the Israel/Hamas war are here: "U.S. military personnel have begun moving aid to Gaza using a makeshift pier afloat off the Palestinian territory's coastline. U.S. Central Command said aid trucks started moving into the Palestinian enclave early Friday using a temporary pier, adding that no U.S. troops went ashore to Gaza. It said the effort to deliver supplies through a maritime corridor 'will involve aid commodities donated by a number of countries and humanitarian organizations.'... At the International Court of Justice in The Hague, Israel is set to respond to South Africa's accusations that the Israeli assault on Rafah and closure of key crossings into Gaza aim to destroy 'the essential foundations of Palestinian life.' South Africa asked the court to order Israel to cease all military operations there, while Israel's Foreign Ministry called South Africa's claims 'biased and false.' Israeli Defense Minister Yoav Gallant said that additional troops will join Israel's operation in Rafah and that it would 'intensify.' Nearly 600,000 people have fled Rafah in southern Gaza, according to the United Nations, including about 150,000 in the past few days."

Annie Karni of the New York Times: "The House on Thursday passed a bill that would rebuke President Biden for pausing an arms shipment to Israel and compel his administration to quickly deliver those weapons, in a largely symbolic vote engineered by the G.O.P. to spotlight the left's divisions over Israel's conduct of its offensive against Hamas. The legislation has no chance of moving ahead. White House officials said the president would veto it, and Senator Chuck Schumer, Democrat of New York and the majority leader, said it was 'not going anywhere' in the Senate. But it had its intended effect of splintering Democrats: 16 of them joined Republicans in favor of legislation that condemned their own president's administration. The measure passed 224 to 187." Reuters' story is here.

News Lede

AP: "Fast-moving thunderstorms pummeled southeastern Texas for the second time this month, killing at least four people, blowing out windows in high-rise buildings, downing trees and knocking out power to more than 900,000 homes and businesses in the Houston area."