The Conversation -- November 7, 2023

Marie: Earlier I linked NYT & NBC News stories about Jack Smith's filings in the D.C. election interference case. Rachel Weiner, et al., of the Washington Post make an important point that the other stories do not: "Special counsel prosecutors said Monday ... they don't need to prove whether Trump believed he lost the race.... The Justice Department ... [said] that what they need to prove is not that Trump believed the 'Big Lie' of the election being stolen but that he knowingly spread associated lies in a criminal scheme to stay in power.... Prosecutors said they will point to several specific claims made by Trump and his unindicted co-conspirators to prove the 'deceit' that is necessary to prove fraud against the United States, one of the four charges he faces in D.C. Those include various baseless allegations that dead or ineligible voters cast ballots, that voting machines changed votes from Trump to Biden or that election workers added fake ballots for Biden to vote totals. In each case, prosecutors said in the indictment, Trump and his allies had been informed the claims were false. Prosecutors say deceit can also be shown through co-conspirator Rudy Giuliani's false assurances to 'fake electors' that they would only be deployed if litigation changed the election results."

Adam Liptak of the New York Times: "The Supreme Court seemed ready on Tuesday to rule that the government may disarm people under domestic violence orders, limiting the sweep of last year';s blockbuster decision that vastly expanded gun rights. Several conservative justices, during a lively if largely one-sided argument, seemed to be searching for a narrow rationale that would not require them to retreat substantially from a new Second Amendment test the court announced last year in giving people a broad right to arm themselves in public. Under the new standard, the justices said courts must look to history to assess the constitutionality of gun control measures. But conservative justices seemed prepared on Tuesday to accept that a judicial finding of dangerousness in the context of domestic violence proceedings was sufficient to support a federal law making it a crime for people subject to such orders to possess guns -- even if there was no measure from the founding era precisely like the one at issue in the case." This is an update of a story linked before the Court heard arguments.

Stephen Collinson of CNN: "The judge in Donald Trump's civil fraud trial despairingly pressed the ex-president's lawyer: 'I beseech you to control him if you can.... And the answer, as always, was no, Trump cannot be controlled. No mere lawyer could impose the kind of discipline that two-and-a-half centuries of constitutional checks and balances could not provide during Trump's time in office or since.... Trump's combative defense ... revealed insights into Trump's relentless refusal to give an inch to his enemies and showed why voters who despise East Coast authority figures and liberal societal codes adore him."

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Jonathan Weisman of the New York Times: "Voters in Ohio, Kentucky, Virginia, Mississippi and elsewhere head to the polls on Tuesday for off-year elections that will offer clues to the continued potency of abortion against the drag of President Biden's low approval ratings as politicians prepare for the coming presidential election year....

All 140 seats in Virginia's General Assembly are on the ballot Tuesday, with the Democratic-leaning state's relatively popular Republican governor, Glenn Youngkin, hoping to capture the State Senate and secure total Republican control of Richmond. That feat would propel Mr. Youngkin's national ambitions. But Democrats are running on abortion rights, warning that G.O.P. control would end abortion access in the last state in the Southeast....

A similar dynamic is playing out in Kentucky, where Democrats have leaned heavily on the abortion issue, especially to tarnish the Republican challenger for governor, Daniel Cameron, who, as the current state attorney general, has had to defend Kentucky's total abortion ban. The incumbent Democratic governor, Andy Beshear, remains popular, with a family name (his father, Steve Beshear, was also a governor) and a moderate reputation....

Texans will decide the fate of 14 constitutional amendments, including one that would bar the state from imposing a "wealth" tax, or a tax on the market value of assets owned but not sold."

Mississippi Governor's Race Is All Shook Up. Molly Hennessey-Fiske of the Washington Post: Democrat "Brandon Presley, a former small-town mayor and state utilities regulator, has run a surprisingly strong campaign against Republican Gov. Tate Reeves, who is seeking a second term. Presley also happens to be a cousin of Elvis Presley.... Presley, 46, has focused his campaign on championing populist issues and battling corruption. Reeves, 49, has found himself on the defensive, tangled up in the state's largest public corruption investigation over misuse of millions of dollars in welfare funds while he was lieutenant governor. Reeves is still favored to win -- Republicans hold all of the top statewide offices and control both chambers of the legislature -- but strategists and grass-roots activists on both sides say activity on the ground suggests a close race."

Ohio. Melissa Quinn of CBS News: "Ohio voters head to the polls Tuesday to weigh in on a closely watched proposal to establish a constitutional right to abortion in what will be an early test of whether Democrats can successfully use the issue to mobilize voters in next year's congressional and presidential elections.... Support from a majority -- 50% plus one vote -- is needed for Issue 1 to pass.... Ohio Republicans attempted earlier this year to raise the threshold for approving changes to the state constitution, which would've made doing so more difficult. Under the measure put to voters during a special election held in August, also called Issue 1, any proposed constitutional amendment would've required approval from at least 60% of voters, a supermajority. But Ohio voters definitively rejected the ballot measure, with 57.1% voting 'no.'"

The Trials of Trump, Ctd. Lying on the Stand Edition

Jonah Bromwich & Ben Protess of the New York Times: "Within minutes of [Donald] Trump’s taking the witness stand on Monday, his civil fraud trial in Manhattan devolved into a chaotic spectacle before a packed house. The former president lashed out at his accusers and denied their claims, even while conceding involvement in some of the conduct at the case's heart. Ranting and rambling as the courtroom pulsed with tension, Mr. Trump attacked New York's attorney general, Letitia James, as a 'political hack.' He derided the proceeding as 'a very unfair trial.' And he scolded the judge overseeing the case, Arthur F. Engoron, for having decided before the trial that he had committed fraud. 'He called me a fraud, and he didn't know anything about me!' Mr. Trump exclaimed from the stand, pointing at the judge, who flashed a grin....

"Mr. Trump ... acknowledged helping to assemble annual financial statements submitted to the banks. 'I would look at them, I would see them, and I would maybe on occasion have some suggestions,' said Mr. Trump.... Frequently, [prosecutor Kevin] Wallace drew Mr. Trump in with simple questions about whether he had depended on the banks to rely on his financial statements. Mr. Trump affirmed that he had, without seeming to realize that the question went to intent, a necessary element for Ms. James's lawyers to show. He also couldn't resist exaggerating in exactly the fashion that has left him vulnerable to the attorney general's claims.... By the time Mr. Trump got up to leave the stand at the end of the day, the judge appeared relieved. He turned to the former president and held up his left hand in a goodbye wave." MB: The defense opted not to try to rehabilitate Trump. My guess is they realized they could not control Trump's outbursts even during direct examination.

~~~ Marie: Yesterday I copied many (though certainly not all) of the reporters' entries in the New York Times' liveblog of what turned out to be nearly a full day of Donald Trumpery. If you don't have access to the NYT, you might enjoy scanning the entries I posted. Two favorites:

Susanne Craig: "Trump said the square footage on his New York City apartment may have been exaggerated in part because the elevator shafts were mistakenly included in the total." [MB: Hilarious: Can you imagine one appraiser saying to another: "Say, Charlie, run you tape down those elevator shafts, will you?"]

Jonah Bromwich: "Trump was just asked his involvement in the 2021 financial statement. He tried to answer saying that he was busy with the presidency, focused on 'China, Russia and keeping our country safe.' Wallace, the state lawyer, reminded him that he was not president in 2021." [MB: He's an old man; he can't remember when he was president*.]

I beseech you to control him if you can. If you can't, I will. -- Judge Arthur Engoron to Donald Trump's lawyers, in court Monday

In my 33 years, I have not had a witness testify better. -- Christopher Kise, Trump's lawyer, at the end of Trump's disastrous testimony Monday ~~~

~~~ Jill Colvin of the AP: "... Donald Trump vigorously defended his wealth and business on Monday, tangling from the witness stand with the judge overseeing his civil fraud trial and denouncing as a 'political witch hunt' a lawsuit accusing him of dramatically inflating his net worth. Trump's long-awaited testimony about property valuations and financial statements was punctuated by personal jabs at a judge he said was biased against him and at the New York attorney general, whom he derided as a 'political hack.' He proudly boasted of his real estate business -- 'I'm worth billions of dollars more than the financial statements' -- and disputed claims that he had deceived banks and insurers. 'This is the opposite of fraud,' he declared. Referring to New York Attorney General Letitia James, a Democrat whose office brought the lawsuit, he said, 'The fraud is her.' The testy exchanges, and frequent rebukes from the judge, underscored Trump's unwillingness to adapt ... to a formal courtroom setting governed by rules of evidence and legal protocol." (Also linked yesterday.) Politico's report is here.

Aaron Blake of the Washington Post: "Trump told the judge he knew 'nothing about me,' before referring to [AG Letitia] James: 'You believe this political hack back there.' Trump ridiculed the prosecution's case against him as being part of the purported 'weaponization' of the government and courts. He repeatedly tried to invoke defenses that the judge had already decided weren't valid, including the 'worthless clause' defense. He called the trial 'very unfair' and a 'crazy trial.' He was repeatedly admonished for delivering political talking points rather than answering questions.... Yet again, putting Trump under oath was no match for his propensity for hyperbole and falsehoods. He continued to claim that his Mar-a-Lago property was worth between $1 billion and $1.5 billion. Experts find that claim highly dubious, and the county values it in the tens of millions.” (Also linked yesterday.)

Marianne LeVine of the Washington Post reports more of Trump's unresponsive asides uttered during his testimony in what he himself called a "crazy trial."

Michael Luciano of Mediaite: "CNN chief legal analyst Elie Honig was unimpressed with ... Donald Trump's testimony in his civil fraud trial in New York on Monday.... '... there were a couple of key moments that stood out to me where Donald Trump really made important concessions.... He literally doubled down [on the overvaluations]. He said, "No that's actually worth a billion dollars," which is a surprising legal tactic. The other thing he did was, he simultaneously tried to distance himself from the valuations.... But at another really key point, to me, the most important sentence of the day, Trump said something like, "I saw those statements, I reviewed them, and at times I gave input."...' Honig concluded, 'I think his testimony was inherently contradictory and a mess, but there's some real useful pieces in there for the AG's office.'" ~~~

     ~~~ Marie: On MSNBC, Lawrence O'Donnell noted that when the prosecutor asked Trump who in the Trump Org was responsible for the valuations, Trump answered, "Everybody." Thus, Trump threw under the bus "everybody" in the Org, including himself. Some expert (can't recall who) noted that Trump's rambling non-answers to the prosecutor allow Justice Engoron to conclude that Trump didn't have an answer that helped himself. On O'Donnell's show, Donald's niece Mary Trump said she wished she could have told her uncle that "pouting is not an affirmative defense."

CNN's liveblog yesterday of Trump's civil fraud case is here: "... Donald Trump on Monday was posting on Truth Social ahead of his expected testimony in his New York civil fraud case and continued to try to undermine the premise of the case brought against him by the New York attorney general. 'Getting ready to head to the Downtown Lower Manhattan Courthouse to testify in one of the many cases that were instigated and brought by my POLITICAL OPPONENT, Crooked Joe Biden, through agencies and surrogates, for purposes of ELECTION INTERFERENCE,' Trump posted on Truth Social. The former president said the case has 'zero merit' and called it a 'witch hunt.'" (Also linked yesterday.) ~~~

     ~~~ Marie: dbtexas pointed out at the end of yesterday's thread something I missed: "NO WAY Trump wrote this. His propensity for gobbledegook would never permit a words like '...through agencies and surrogates...!'" Good catch!

Alan Feuer of the New York Times: "Federal prosecutors on Monday asked a judge to reject a barrage of motions filed last month by ... Donald J. Trump that sought to toss out the indictment charging him with plotting to overturn the 2020 election and said his claims were full of 'distortions and misrepresentations.' In a 79-page court filing, prosecutors in the office of the special counsel, Jack Smith, went one by one through Mr. Trump's multiple motions to dismiss the case.... 'The defendant attempts to rewrite the indictment, claiming that it charges him with wholly innocuous, perhaps even admirable conduct, -- sharing his opinions about election fraud and seeking election integrity,' James I. Pearce, one of the prosecutors, wrote, 'when in fact it clearly describes the defendant's fraudulent use of knowingly false statements as weapons in furtherance of his criminal plans.' When Mr. Trump first filed his motions to dismiss the case, they represented a breathtaking effort to reframe the various steps he took to remain in power after losing the election as something other than crimes." ~~~

     ~~~ Daniel Barnes & Zoe Richards of NBC News: "Donald Trump is responsible for the events at the U.S. Capitol on Jan. 6 because they were the 'culmination' of his conspiracies to overturn the 2020 presidential election, special counsel Jack Smith's office says in a new filing in the former president's federal election interference case.... The special counsel's office also filed separate memos opposing Trump's effort to dismiss the case. Trump previously filed two motions to dismiss based on various constitutional grounds and a failure to state a claim."

Glenn Thrush & Luke Broadwater of the New York Times: "David C. Weiss, who negotiated an ill-fated plea deal with President Biden's son Hunter, is set to defend his investigation before the House Judiciary Committee on Tuesday, the first time a special counsel has agreed to field queries from Congress before concluding an inquiry. Mr. Weiss, the Trump-appointed U.S. attorney in Delaware, plans to use the interview to counter claims that he brokered a sweetheart deal with Hunter Biden under pressure from the White House. He is also set to dispute a whistle-blower's allegation that he once complained that he had not been given full authority to prosecute Hunter Biden on tax charges. The special counsel 'is prepared to take this unprecedented step of testifying before the conclusion of his investigation to make clear that he's had and continues to have full authority over his investigation and to bring charges in any jurisdiction,' according to his spokesman, Wyn Hornbuckle."

Adam Liptak of the New York Times: "The Supreme Court will hear arguments on Tuesday on whether the government may disarm people subject to domestic violence orders.... The Supreme Court itself recognized this in a 2014 majority opinion.... But the potential sweep of the decision in the new case extends far beyond domestic abuse."

Presidential Race 2024

Chris Cameron of the New York Times: "Five candidates have qualified for the third Republican presidential debate on Wednesday evening, the Republican National Committee announced on Monday.... Donald J. Trump, the dominant front-runner in the Republican primary, is skipping the debate, which will be held in Miami -- less than 70 miles from Mr. Trump's residence at Mar-a-Lago. Mr. Trump also did not participate in the previous two debates. The candidates who made the cut:" Chris Christie, Ron DeSantis, Nikki Haley, Vivek Ramaswamy & Tim Scott. The NBC News story is here.

Alex Tabet, et al., of NBC News: “Iowa Gov. Kim Reynolds [R] touted Ron DeSantis' accomplishments as governor of Florida as she endorsed him for president Monday -- and said she believes he will be able to win the 2024 general election, while Donald Trump cannot.... Reynolds, who is in her second term, had said she would stay neutral in the Republican primary race, though she appeared with DeSantis at least eight times since he announced his candidacy in late May.... Reynolds' assessment of Trump's electability clashes with current public polls, which often show Trump performing similarly to or better than DeSantis in matchups against President Joe Biden.... 'It will be the end of her political career in that MAGA would never support her again, just as MAGA will never support DeSanctimonious again,' he wrote on his social media platform.... 'Two extremely disloyal people getting together... they can now remain loyal to each other because nobody else wants them!!!' Trump added."

Annals of "Journalism," Ctd. Here's a link RAS has provided to a Philiadelphia Inquirer op-ed column by Will Bunch, which I'm sure is well-worth reading if you have access to the Inquirer: ~~~

Will Bunch: "With the world on fire, a cowardly, timid news media is a threat to U.S. democracy. News organizations are using cowardly words to describe killing abroad, fascism at home -- downplaying the danger to democracy. In one of the most perilous moments of crisis the world has seen in 75 years, and with the basic notions of free speech under assault, most newsrooms aren't fighting back. They are, instead, pulling their punches in a defensive, 'rope-a-dope' crouch, and thus failing to truly inform -- when democracy itself is at risk." (Also linked yesterday.)

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Israel/Palestine

The New York Times' live updates of developments Tuesday in the Israel/Hamas war are here. CNN's live updates are here. ~~~

     ~~~ The Washington Post's live updates for Tuesday are here: "Israeli Prime Minister Benjamin Netanyahu floated a plan for Israel to be responsible for Gaza's overall security for an 'indefinite period' after the war in an interview with ABC News.... Israeli forces advanced deeper into the territory, closing in on Gaza City -- a move that U.S. officials said would probably lead to increased casualties. In a phone call with Netanyahu, President Biden discussed 'tactical pauses' that would allow civilians to flee areas of fighting and ensure safe access for aid, according to the White House."

Karoun Demirjian of the New York Times: "Democrats in Congress, torn between their support for Israel in its war with Hamas and concern about civilian suffering in Gaza, are struggling with how far to go in calling for measures to mitigate civilian casualties as the left wing of the party escalates pressure for a cease-fire. In recent days, several House and Senate Democrats have urged temporary humanitarian pauses to facilitate aid deliveries of food, water and fuel to the Gaza Strip, echoing the Biden administration.... But few have embraced progressive Democrats' demands for a complete and lasting cease-fire, even as pro-Palestinian protesters took to the streets over the weekend to demand a total cessation of hostilities."

The Conversation -- November 6, 2023

I beseech you to control him if you can. If you can't, I will. -- Judge Arthur Engoron to Donald Trump's lawyers, in court Monday

In my 33 years, I have not had a witness testify better. -- Christopher Kise, Trump's lawyer, at the end of Trump's disastrous testimony Monday ~~~

~~~ Jill Colvin of the AP: "... Donald Trump vigorously defended his wealth and business on Monday, tangling from the witness stand with the judge overseeing his civil fraud trial and denouncing as a 'political witch hunt' a lawsuit accusing him of dramatically inflating his net worth. Trump's long-awaited testimony about property valuations and financial statements was punctuated by personal jabs at a judge he said was biased against him and at the New York attorney general, whom he derided as a 'political hack.' He proudly boasted of his real estate business -- 'I'm worth billions of dollars more than the financial statements' -- and disputed claims that he had deceived banks and insurers. 'This is the opposite of fraud,' he declared. Referring to New York Attorney General Letitia James, a Democrat whose office brought the lawsuit, he said, 'The fraud is her.' The testy exchanges, and frequent rebukes from the judge, underscored Trump's unwillingness to adapt ... to a formal courtroom setting governed by rules of evidence and legal protocol."

Aaron Blake of the Washington Post: "Trump told the judge he knew 'nothing about me,' before referring to [AG Letitia] James: 'You believe this political hack back there.' Trump ridiculed the prosecution's case against him as being part of the purported 'weaponization' of the government and courts. He repeatedly tried to invoke defenses that the judge had already decided weren't valid, including the 'worthless clause' defense. He called the trial 'very unfair' and a 'crazy trial.' He was repeatedly admonished for delivering political talking points rather than answering questions.... Yet again, putting Trump under oath was no match for his propensity for hyperbole and falsehoods. He continued to claim that his Mar-a-Lago property was worth between $1 billion and $1.5 billion. Experts find that claim highly dubious, and the county values it in the tens of millions."

CNN's liveblog of Trump's civil fraud case is here: "... Donald Trump on Monday was posting on Truth Social ahead of his expected testimony in his New York civil fraud case and continued to try to undermine the premise of the case brought against him by the New York attorney general. 'Getting ready to head to the Downtown Lower Manhattan Courthouse to testify in one of the many cases that were instigated and brought by my POLITICAL OPPONENT, Crooked Joe Biden, through agencies and surrogates, for purposes of ELECTION INTERFERENCE,' Trump posted on Truth Social. The former president said the case has 'zero merit' and called it a 'witch hunt.'"

~~~ Here's the New York Times liveblog of court proceedings; it's usually the most fun. A few excerpts below: ~~~

Kate Christobek: "The judge, Arthur F. Engoron, turned to Trump after he gave a lengthy answer and said he'd like to move things along, telling Trump, 'Please, just answer the question. No speeches.' Trump smirked."

Jonah Bromwich: "Despite that, Trump just said that the judge will probably rule against him, because he always rules against him. The judge turns to Trump's lawyer, [Christopher] Kise, and asks if that was necessary. Kise takes the opportunity to note that Trump is the former and possibly the future president of the United States."

Bromwich: "Justice Engoron usually shows some playfulness. Not today. He has chided Trump multiple times, and is asking him repeatedly to answer yes or no questions simply."

Bromwich: "'Mr. Kise, can you control your client?' [Engoron] says.... 'This is not a political rally.' He asks Kise to have a talk with Trump right now."

Maggie Haberman: "The fact that these cases are wearing on Trump is evident by his demeanor and physical appearance, even as he tries to show people to whom he speaks that he isn't worried."

Bromwich: "Judge Engoron again asks Kise to control Trump and says that if he cannot, the judge will excuse him and draw negative inferences, which would be very bad for the former president's case. Kise is responding that he thinks that the judge should want to hear from this witness. The judge disagrees, saying much of it is irrelevant."

Bromwich: "The judge just directed Kise and [Alina] Habba, the Trump lawyers, to sit down. He asked [prosecutor Kevin] Wallace to continue. Trump says, from the witness stand, 'This is a very unfair trial. Very very. And I hope the public is watching.'"

Christobek: "While the judge was chastising his attorneys, Trump smirked and shook his head."

Bromwich: "Trump is being asked about why he decided to drop the value of Seven Springs, one of his properties in Westchester County, N.Y., on a financial statement. 'I thought it was high,' Trump says, yet again admitting his involvement in the process.... Trump appears not to realize that, because here the value was lowered, these admissions of his involvement in manipulating the financial statements are damning."

Bromwich: "Trump is asked how big his triplex in Trump Tower is. He says that he wouldn't know, except for the trial, but that it's about 11,000 feet. That's accurate, but then he started adding thousands, saying it may be 12,000 or 13,000 feet. This is Trump's problem in a nutshell: He exaggerates."

Susanne Craig: "Trump said the square footage on his New York City apartment may have been exaggerated in part because the elevator shafts were mistakenly included in the total." [MB: Hilarious: Can you imagine one appraiser saying to another: "Say, Charlie, run you tape down those elevator shafts, will you?"]

Bromwich: "Trump was just asked his involvement in the 2021 financial statement. He tried to answer saying that he was busy with the presidency, focused on 'China, Russia and keeping our country safe.' Wallace, the state lawyer, reminded him that he was not president in 2021." [MB: He's an old man; he can't remember when he was president*.]

Bromwich: "Trump is going long on the disclaimers attached to the [financial] statements, saying that any court in the country would observe the importance of the disclaimers, other than this one and this judge. Wallace then asks Trump if he thinks the statements are worthless and he says no."

Christobek: "We've only been back for 10 minutes, but Trump's testimony has been muted compared with this morning's. His answers continue to devolve into monologues, but he's more subdued. He's hunched over in the witness chair...."

Bromwich: "Trump looks a little more tired this afternoon, as we go through lengthy documents. He pulls a sheaf of papers very close to his face in order to scrutinize it. It's another loan agreement, which Trump has signed." [MB: He's a very old man. He missed his nap. He can't see too well.]

Bromwich: "'I think this case is a disgrace,' Trump just said, apropos of very little, going on a familiar rant about how New York is crime-ridden and people are leaving. 'It's election interference, because you want to keep me in this courthouse all day long.' He calls the judge hostile and attacks [AG Letitia] James too.... 'You should be ashamed of yourself,' he concludes, to Wallace, the state lawyer."

Here's a link RAS has provided to a Philiadelphia Inquirer op-ed column by Will Bunch, which I'm sure is well-worth reading if you have access to the Inquirer: ~~~

Will Bunch: "With the world on fire, a cowardly, timid news media is a threat to U.S. democracy. News organizations are using cowardly words to describe killing abroad, fascism at home -- downplaying the danger to democracy. In one of the most perilous moments of crisis the world has seen in 75 years, and with the basic notions of free speech under assault, most newsrooms aren't fighting back. They are, instead, pulling their punches in a defensive, 'rope-a-dope' crouch, and thus failing to truly inform -- when democracy itself is at risk."

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TRUMPERY: "Trumpery derives from the Middle English trompery and ultimately from the Middle French tromper, meaning 'to deceive.' (You can see the meaning of this root reflected in the French phrase trompe-l'oeil-literally, 'deceives the eye' - which in English refers to a style of painting with photographically realistic detail.) Trumpery first appeared in English in the mid-15th century with the meanings 'deceit or fraud' (a sense that is now obsolete) and 'worthless nonsense.' Less than 100 years later, it was being applied to material objects of little or no value. The verb phrase trump up means 'to concoct with the intent to deceive,' but there is most likely no etymological connection between this phrase and trumpery." -- Merriam-Webster ~~~

     ~~~ MB: M-W's list of synonyms is great, BTW, and anyone who wishes to henceforth refer to The Former Guy as "President* Codswollop" will be understood here. Via George Conway, via RAS: (Also linked yesterday.)

A Day of Trumpery

Ben Protess, et al., of the New York Times: Today, "New York's attorney general, Letitia James, will call [Donald] Trump to the witness stand at his own civil fraud trial in Manhattan, where, under oath and under fire, the former president will try to convince a single skeptical judge -- not a jury -- that he did not inflate his net worth to defraud banks and insurers.... He may not be able to restrain himself on the stand.... The witness stand is ... a seat that requires care and control, where lying is a crime and emotional outbursts can land you in contempt of court. Another risk during his time on the stand: Mr. Trump, 77, has been showing signs of strain and age on the campaign trail, mixing up the names of foreign leaders and at one point confusing which city he was in."

** Isaac Arnsdorf, et al., of the Washington Post: "Donald Trump and his allies have begun mapping out specific plans for using the federal government to punish critics and opponents should he win a second term, with the former president naming individuals he wants to investigate or prosecute and his associates drafting plans to potentially invoke the Insurrection Act on his first day in office to allow him to deploy the military against civil demonstrations. In private, Trump has told advisers and friends in recent months that he wants the Justice Department to investigate onetime officials and allies who have become critical of his time in office, including his former chief of staff, John F. Kelly, and former attorney general William P. Barr, as well as his ex-attorney Ty Cobb and former Joint Chiefs of Staff chairman Gen. Mark A. Milley.... Trump has also talked of prosecuting officials at the FBI and Justice Department, a person familiar with the matter said. In public, Trump has vowed to appoint a special prosecutor to 'go after' President Biden and his family. The former president has frequently made corruption accusations against them that are not supported by available evidence. To facilitate Trump's ability to direct Justice Department actions, his associates have been drafting plans to dispense with 50 years of policy and practice intended to shield criminal prosecutions from political considerations." Emphasis added.

Mike Pivots Quickly from Plain Vanilla to Rocky Road. Jacob Bogage, et al., of the Washington Post: "New House Speaker Mike Johnson (R-La.) took office pledging to unify his fractious GOP conference and work with House Democrats.... His first full week in office was marked instead by measures that drove a wedge not just between liberals and conservatives -- but also between the House and Senate. And with less than two weeks before a potential government shutdown, Johnson's early moves foreshadow a difficult path to bipartisan agreement.... [His] opening legislative salvo is indicative, lawmakers and insiders say, of the historic weakness Johnson brings to the gavel."

Wherein Mike dodges the question of whether or not he has a bank account. The questioner was Fox host Shannon Bream, so naturally she didn't press for a straight answer.

Mike Is So Weird. Sarah Burris of the Raw Story: "Rolling Stone highlighted a 2022 video of new Speaker Mike Johnson (R-LA) from the 'War on Technology' conference, where he confessed that he and his sons monitor each other's usage of adult videos online.... [At the conference,] Johnson was talking about the 'accountability software' he installed called Covenant Eyes on devices to ensure he didn't stray into unsavory websites.... 'It sends a report to your accountability partner. My accountability partner right now is Jack, my son. He's 17....'... Johnson has spent the past several weeks scrubbing his social media, Receipt Maven noted on Sunday. One of those links included a 'refer-a-friend' link to the software, where he pocketed $20 with every referral."

Another Episode of "I'm So Scared of Trump." Sarah Fortinsky of the Hill: "House Majority Leader Steve Scalise (R-La.) refused to answer whether the 2020 election was stolen when pressed eight separate times in a Sunday interview with ABC News's George Stephanopoulos.... Scalise was among the two-thirds of the House Republican Conference to vote against certifying the election in all states after the House reconvened on the night of Jan. 6, 2021, to vote on objections to two states." Fortinsky cites a number of Scalise's pathetic (and worn-out) dodges.

Presidential Race 2024. Stephen Collinson of CNN: "A year away from Election Day 2024..., Donald Trump is set to testify in a civil fraud trial and separately faces more than 90 criminal charges, setting up the possibility that a convicted felon tops the Republican ticket next November. But it's President Joe Biden's political prospects that are plunging.... Biden is absorbing brutal new polls showing him losing to GOP front-runner Trump in multiple key swing states.... If the New York Times/Siena College survey is borne out in 2024, there would be no electoral path to victory for Biden. And an increasingly authoritarian Trump -- who is promising a second term of 'retribution' -- could pull off a White House comeback in spite of sparking a Capitol insurrection with his false claims of electoral fraud in 2020.... The poll is ... sure to renew the question of whether Biden is right to insist on running again, although some Democrats argue the time t coalesce around a different candidate may have already passed." ~~~

     ~~~ Phillip Nieto of Mediaite:"Former senior White House adviser for Barack Obama, David Axelrod floated the idea on Sunday of President Joe Biden dropping out of 2024 race after a new poll showed him trailing Donald Trump in several states. A New York Times & Siena College poll released on Sunday showed Trump leading Biden in five out of the six battleground states, including Arizona, Georgia, Michigan, Nevada, and Pennsylvania by leads of 3 to 10 points. The only battleground state in which Biden had a lead was Wisconsin, by 2 percentage points, according to the survey taken among registered voters.... 'It's very late to change horses; a lot will happen in the next year that no one can predict & Biden's team says his resolve to run is firm. He's defied CW before but this will send tremors of doubt thru the party -- not "bed-wetting," but legitimate concern,' [Axelrod wrote on X-Twitter.]"

Book Review. Denise Kiernan, in the Washington Post, reviews Liza Mundy's The Sisterhood: The Secret History of Women at the CIA.

Long Before There Was Musk, There Was Ford. Shera Avi-Yonah of the Washington Post: "An auto tycoon, one of America's most prominent businessmen, stood accused of enabling antisemitism on a platform he owned, allowing hate speech against Jews to spread to new audiences. The businessman was Henry Ford; the platform was his newspaper, the Dearborn Independent. Nearly a century after the Independent spread antisemitic conspiracy theories, Elon Musk, the man sometimes called America's modern Ford, became embroiled in his own controversy over antisemitism and free speech this fall."

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Israel/Palestine. The Washington Post's live updates of developments Monday in the Israel/Hamas war are here: "Secretary of State Antony Blinken is in Ankara Monday, continuing his second whirlwind tour of the Middle East since the Israel-Gaza war started. The shuttle diplomacy is aimed at deterring other countries or armed groups from widening the conflict, officials said. CIA Director William J. Burns arrived in Israel on Sunday for talks with intelligence officials there and throughout the region, according to a U.S. official briefed on his travel. Internet and communications services were gradually returning to parts of the Gaza Strip on Monday morning after a 'complete disruption' Sunday night, Paltel, the main Palestinian telecommunications provider said. The blackout was the third since the conflict began." ~~~

     ~~~ The New York Times' live updates for Monday are here. CNN's live updates are here.

The Conversation -- November 5, 2023

Now, Class, Today's English Language Lesson, according to Merriam-Webster, via George Conway, via RAS: ~~~

TRUMPERY: "Trumpery derives from the Middle English trompery and ultimately from the Middle French tromper, meaning 'to deceive.' (You can see the meaning of this root reflected in the French phrase trompe-l'oeil-literally, 'deceives the eye' - which in English refers to a style of painting with photographically realistic detail.) Trumpery first appeared in English in the mid-15th century with the meanings 'deceit or fraud' (a sense that is now obsolete) and 'worthless nonsense.' Less than 100 years later, it was being applied to material objects of little or no value. The verb phrase trump up means 'to concoct with the intent to deceive,' but there is most likely no etymological connection between this phrase and trumpery." M-W's list of synonyms is great, BTW, and anyone who wishes to refer to The Former Guy as "President* Codswollop" will be understood here.

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Liz Goodwin & Marianna Sotomayor of the Washington Post: House Speaker Mike Johnson's "opening moves have set him on a collision course with Senate Minority Leader Mitch McConnell (Ky.), as both Republican leaders simultaneously struggle to manage their own fractious conferences.... McConnell -- an 81-year-old Republican of a different political generation than Johnson, 51, with a reputation for fiercely pursuing party goals -- has in recent years broken with orthodoxy and sided with President Biden and the Senate Democratic majority on key domestic and international priorities. McConnell and much of his conference hope to pass bipartisan bills to fund the government and send aid to Israel, Ukraine and Taiwan to defend their democracies.... The new speaker suggested that if the Senate sends back an Israel aid bill that does not include spending cuts, he won't put it on the floor.... The bill, which the nonpartisan Congressional Budget Office says would add to the deficit, has been declared dead on arrival in the Democratic-controlled Senate." ~~~

     ~~~ Marie: The suggestion here is that Joe Biden's generosity has turned the Turtle into a fair-minded conservative. Two more miracles, Joe, and you're a candidate for sainthood.

Mike Johnson, Christianist Phony. Michael Kranish & Isaac Stanley-Becker of the Washington Post: "For more than a year, [Mike] Johnson -- the dean of [a] not-yet-opened [Christian] law school -- had been telling donors and the public that the institution, which would focus on training Christian attorneys in northwest Louisiana, was not only achievable, but inevitable. 'From a pure feasibility standpoint,' Johnson ... told the local Town Talk newspaper in 2010 after becoming dean, 'I'm not sure how this can fail because ... it looks like the perfect storm for our law school.' But he had still not actually seen a feasibility study commissioned by the parent school, Louisiana College, a private Southern Baptist college in Pineville, La., now known as Louisiana Christian University.... Six months later, in August 2012, Johnson resigned as dean of the new school, which never opened even though the college spent $5 million to buy and renovate a Shreveport headquarters.... The feasibility study was a 'hodgepodge collection of papers,' with 'nothing in existence' related to the need for the new law school, market studies, or 'funding sources and prospects,' Johnson wrote the following year, describing the episode in what he called a 'confidential memorandum' responding to questions from the Louisiana College Board of Trustees[.]" ~~~

     ~~~ Marie: Let me just say here that any legislator who thinks this is a "Christian nation" cannot uphold his oath of office because s/he doesn't understand the U.S. Constitution or the history of a country that was founded at least partially on the premise of separation of church and state.

Presidential Race 2024. Trump Cult Members Heckle GOP Presidential Candidates. Myah Ward of Politico: "A combative Chris Christie was loudly booed as soon as he took the stage and throughout his remarks at the Florida Freedom Summit in Kissimmee, as Trump maintains his dominance in the state amid a string of fresh endorsements. Before the former New Jersey governor had his time at the podium, Asa Hutchinson, the former governor of Arkansas, faced similar jeering when he evoked Trump&'s legal troubles. Even Vivek Ramaswamy was heckled -- the crowd chanting 'Trump' -- when he said the GOP needs a younger, non-traditional nominee."

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Indiana. Maria Paul of the Washington Post: "Shortly after Roe v. Wade was overturned last year, Indiana Attorney General Todd Rokita (R) accused a doctor who had helped a 10-year-old rape victim from Ohio terminate her pregnancy of being an 'abortion activist' with 'a history of failing to report' similar procedures to state officials. Those comments, which Rokita made about OB/GYN Caitlin Bernard during a July 2022 appearance on Fox News, amounted to 'attorney misconduct,' the Indiana Supreme Court ruled Thursday. According to the opinion, Rokita violated two state professional conduct rules by making a statement that 'had a substantial likelihood of materially prejudicing an adjudicative proceeding and had no substantial purpose other than to embarrass or burden the physician.' As a result, the court publicly reprimanded Rokita in a six-page decision and ordered him to pay $250 to the clerk of the court. As part of a settlement agreement between Rokita and the court's disciplinary commission, Indiana's top prosecutor had to admit to the violations." ~~~

     ~~~ Marie: Doesn't appear Rokita learned his lesson. In comments to the Post, he defended his remarks & said the court forced his "admission," which therefore is no admission at all. The court at least should fine him again.

Maine. Colby Edmonds & Nicholas Bogel-Burroughs of the New York Times: "The gunman who fled after killing 18 people and injuring 13 others at a bar and a bowling alley in Lewiston, Maine, last month was most likely alive during much of the sprawling two-day manhunt that had forced thousands of residents throughout the region to remain in their homes. The assailant, Robert R. Card II, 40, died of a self-inflicted gunshot wound eight to 12 hours before his body was found in a trailer at a recycling plant where he once worked, the Maine medical examiner's office said on Friday.... The time estimate suggests that the lockdown in and around Lewiston was justified."

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Israel/Palestine

The Washington Post's live updates of developments in the Israel/Hamas war are here: "Secretary of State Antony Blinken traveled to Ramallah on Sunday to meet with Palestinian Authority President Mahmoud Abbas, marking the highest-level visit by a U.S. official to the West Bank since Hamas's Oct. 7 attack. Blinken's previously unannounced trip came amid discussions about the future of Gaza, which has been ruled by Hamas since 2007. Blinken told a Senate hearing last month that 'an effective and revitalized' Palestinian Authority would be the best-placed entity to administer Gaza and eventually be responsible for its security. But the group has long been seen as out of touch and irrelevant by many Palestinians in the West Bank and in Gaza." ~~~

     ~~~ The New York Times' live updates for Sunday are here. CNN's live updates are here.

Lisa Lerer of the New York Times: "Barack Obama offered a complex analysis of the conflict between Israel and Gaza, telling thousands of former aides that they were all 'complicit to some degree' in the current bloodshed. He urged his former aides to 'take in the whole truth,' seemingly attempting to strike a balance between the killings on both sides. 'What Hamas did was horrific, and there's no justification for it,' Mr. Obama said. 'And what is also true is that the occupation and what's happening to Palestinians is unbearable.'"

New York Times: "... tens of thousands of demonstrators crowded the streets of American cities on Saturday to denounce the scope and scale of Israel's military campaign in Gaza in response to last month's terrorist assault by Hamas. The day's protests, within sight of the seats of American power in Washington but also in places like New York, Nashville, Cincinnati, Las Vegas and even Orono, Maine, extended and amplified demands for a cease-fire and an end to the siege in Gaza. The demonstrations came a week after vast protests in Asian and European capitals, and a day after the Israeli government appeared to rebuff the United States' call for 'humanitarian pauses' in the bombardment."

Edith Lederer of the AP: "The average Palestinian in Gaza is living on two pieces of Arabic bread made from flour the United Nations had stockpiled in the region, yet the main refrain now being heard in the street is 'Water, water,' the Gaza director for the U.N. agency for Palestinian refugees said Friday. Thomas White, who said he traveled 'the length and breadth of Gaza in the last few weeks,' described the place as a 'scene of death and destruction.' No place is safe now, he said, and people fear for their lives, their future and their ability to feed their families." (Also linked yesterday.) ~~~

     ~~~ Marie: Seems to me a rational person with no skin in the game would say, "This is not working. Bombing people to death, starving the survivors or letting them die of thirst is not going to win any hearts & minds. Maybe we should try something different, like rounding up the Hamas fighters, trying them as the terrorists we say they are, and doing all we can to make life paradise on earth for the rest of people of Gaza." Sometimes there is no choice but to go to war; given the history, this does not seem to be one of them.

Ukraine, et al., Andrew Kramer & Constant Méheut of the New York Times: "The office of President Volodymyr Zelensky on Saturday chastised Ukraine's top military commander for publicly declaring the war at a stalemate, suggesting the comments would help the Russian invasion. It was a striking public rebuke that signaled an emerging rift between the military and civilian leadership at an already challenging time for Ukraine. Speaking on national television, a deputy head of the office of the president, Ihor Zhovkva, said Gen. Valery Zaluzhny's assertion that the fight against Russia was deadlocked 'eases the work of the aggressor,' adding that the comments stirred 'panic' among Ukraine's Western allies."