May 12, 2023
Afternoon Update:
Charlie Nash of Mediaite: "Many audience members at CNN's town hall with ... Donald Trump on Wednesday were 'disgusted' and 'bewildered' by the spectacle, but were told to be respectful and not to boo, according to a report. 'The floor manager came out ahead of time and said, Please do not boo, please be respectful. You were allowed to applaud,' claimed Republican political consultant Matthew Bartlett in an interview with Puck News senior political correspondent Tara Palmeri on Thursday.... He estimated that while around half of the audience expressed vocal support for Trump, the other half sat in silence. Bartlett also alleged that Trump repeatedly 'lost the audience' when he spoke about topics like January 6 or the results of the 2020 election, despite the appearance on CNN that the audience was consistently on his side." ~~~
~~~ Marie: If it's true the show's floor manager went out of his way to make the audience look more into Trump than they actually were, CNN looks even worse.
New York. Hurubie Meko & Jonah Bromwich of the New York Times: "Daniel Penny, the Marine veteran who choked and killed Jordan Neely, a homeless man, on the subway last week, surrendered on Friday to face a charge of second-degree manslaughter. Mr. Penny, 24..., walked through the front doors of the Police Department's Fifth Precinct at around 8 a.m. Hands cuffed behind his back, Mr. Penny was led out of the precinct at 10:38 a.m. He was put into a waiting black police car to be taken to Manhattan Criminal Court, where he was to be arraigned later Friday."
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Reyes Mata & Nick Miroff of the Washington Post: "Illegal border crossings have topped 10,000 per day this week, the highest levels ever, as the Title 42 border policy expired at 11:59 p.m. Thursday. Thousands of migrants forded the Rio Grande into the Brownsville, Tex., area, or arrived elsewhere, including more than 800 miles away on the dusty strip of U.S. land between the riverbanks and the border wall east of downtown El Paso. With Border Patrol stations and processing centers maxed out, officials authorized the release of migrants without court dates at locations where facilities exceeded 125 percent of their holding capacity or other thresholds were surpassed. But a federal judge stepped in late Thursday to block the release plan, granting a temporary restraining order sought by Florida's attorney general....
"As the midnight expiration time passed, Homeland Security Secretary Alejandro Mayorkas posted a video statement to Twitter, warning that 'people who arrive at the border without using a lawful pathway will be presumed ineligible for asylum.' He also warned that 24,000 Border Patrol agents and officers and thousands of troops and contractors are on hand to enforce the policy. 'Do not believe the lies of smugglers,' he said. 'The border is not open.'" ~~~
~~~ New York Times: "U.S. officials were striving to maintain order on Thursday along the nearly 2,000-mile border with Mexico as migrants waded across the Rio Grande, lined up at international bridges, filled federal immigration processing centers and huddled on the sidewalks of American border towns. The images of desperate migrants and overburdened border facilities played out in the hours before the lifting of a Covid-era policy, known as Title 42, that for more than three years has allowed the government to swiftly expel many people who crossed the border before they could apply for asylum. The order was set to expire along with the national Covid health emergency at 11:59 p.m. Eastern time." This was the pinned item on a liveblog. Also published in Spanish. ~~~
~~~ Karoun Demirjian of the New York Times: "House Republicans pushed through a sweeping border security bill on Thursday that would crack down on unlawful immigration, blowing past solid Democratic opposition and narrowly avoiding an embarrassing mutiny within their own ranks on one of their signature midterm campaign promises. Republicans timed approval of the measure, which has no chance in the Democratic-led Senate, to spotlight their hard-line stance on immigration just as President Biden is facing a potential border surge with Thursday night's expiration of Title 42, the pandemic-era rule allowing for swift expulsion of migrants. The bill would revive and codify a variety of border policies championed during the Trump administration, including construction of a border wall, the 'Remain in Mexico' practice of keeping migrants seeking asylum either in detention facilities or on the opposite side of the border and expedited deportation of unaccompanied children. It also would mandate that companies verify their employees are legally eligible to work in the United States through a program known as E-Verify, and criminalize visa overstays of more than 10 days."
Carl Hulse, et al., of the New York Times: "President Biden and top congressional leaders on Thursday postponed a second meeting on the debt limit crisis to give staff members more time to explore a budget deal before the two sides convened again. People familiar with the decision cast the move as a positive development. Preliminary budget talks among senior White House officials and congressional aides have been underway for two days, with both sides attempting to find a path to an agreement on lifting the government's debt limit and avoiding a default." An NPR story is here.
Exhibit 1: Fraudster George Santos. Arthur Delaney of the Huffington Post: "House Republicans passed a symbolic bill Thursday that would clamp down on unemployment insurance fraud. And one of the bill's sponsors, Rep. George Santos (R-N.Y.), demonstrated the need for the legislation by getting indicted for unemployment insurance fraud this week.... The legislation, which is unlikely to pass the Senate, would give prosecutors more time to bring fraud charges against bogus unemployment claimants and create stronger incentives for state workforce agencies to claw back bogus benefits."
Santos Confesses. Grace Ashford & Leonardo Coelho of the New York Times: George Anthony Devolder "Santos and Brazilian prosecutors on Thursday agreed to resolve a criminal charge that involved a pair of shoes and a stolen checkbook. Mr. Santos, who appeared remotely, accepted responsibility for his actions and agreed to pay 24,000 Brazilian reais (about $4,850), some of which will go to the victim, and some to charity, according to documents viewed by The New York Times. In exchange for his confession, prosecutors dropped the case against him, according to his lawyer and another person familiar with the case." The Hill has a report here. MB: Hey, Brazil. Get a cashier's check.
Supremes Continue to Encourage Public Corruption. Adam Liptak of the New York Times: "In a pair of unanimous decisions in cases involving defendants convicted of fraud for actions during Gov. Andrew M. Cuomo's administration in New York, the Supreme Court on Thursday again limited federal prosecutions of public corruption. One case concerned Joseph Percoco, a former aide to Mr. Cuomo convicted of taking illicit payments to benefit a Syracuse-area developer. The other involved Louis Ciminelli, the owner of a Buffalo construction firm convicted of fraud in a bid-rigging scandal in connection with Buffalo Billion, a development project championed by Mr. Cuomo, a Democrat. The rulings were the latest in a series of setbacks for prosecutors from a court that has become increasingly skeptical of federal charges of public corruption in state government." (Also linked yesterday afternoon.)
Judge Rules That What This Country Needs Is More Kids with Guns. Glenn Thrush of the New York Times: "A judge in Virginia has struck down federal laws blocking handgun sales to buyers over 18 and under 21, in a ruling that might augur the rollback of regulation prompted by the Supreme Court's sweeping expansion of gun rights last year. Judge Robert E. Payne of Federal District Court in Richmond, Va., ruled on Wednesday that statutes and regulations put in place over the past few decades to enforce age requirements on sales of handguns, like the semiautomatic Glock-style pistols, by federally licensed weapons dealers were 'not consistent with our nation's history and tradition' and therefore could not stand. A citizen's Second Amendment rights do not 'vest at age 21,' he added. In his 71-page ruling, Judge Payne, who was appointed by President George H.W. Bush, repeatedly cited the majority opinion in the landmark case New York State Rifle and Pistol Association v. Bruen, which struck down a New York State law that put tight limits on carrying guns outside the home.... The Justice Department is expected to appeal the ruling.... 'This decision is not a surprise...,' said Jonathan Lowy, a lawyer and gun violence activist.... 'Bruen gave license to any judge who has an inclination to strike down any gun law.'" CNN's report is here.
Marie: Maybe the DOJ doesn't have time to prosecute Donald Trump because it is still too busy defending him in court: ~~~
~~~ Spencer Hsu of the Washington Post: "The Justice Department said Thursday that it will ask a U.S. appeals court to stop former president Donald Trump from being questioned under oath on May 24 by attorneys for two former senior FBI employees who have alleged that they were targeted for retribution after the investigation of Russian interference in the 2016 presidential election. The decision was disclosed in an urgent court filing in which department attorneys wrote that U.S. Solicitor General Elizabeth B. Prelogar on Thursday approved an appeal unless U.S. District Judge Amy Berman Jackson revisits her decision. On Feb. 23, the judge allowed Trump and FBI Director Christopher A. Wray to be deposed by attorneys for former senior FBI agent Peter Strzok and former FBI lawyer Lisa Page, who exchanged politically charged text messages criticizing Trump while they were having an affair. Strzok seeks reinstatement and back pay over what he alleges was his unfair termination. Page alleges officials unlawfully released the trove of messages to reporters."
Michael Sisak of the AP: "Donald Trump was ordered Thursday to appear by video at a May 23 hearing in his Manhattan criminal case after a judge this week set rules barring him from using evidence in the case to attack witnesses. Judge Juan Manuel Merchan scheduled the hybrid hearing -- the former president on a TV screen, his lawyers and prosecutors in court -- to go over the restrictions with Trump and to make clear that he risks being held in contempt if he violates them. The case is continuing in state court even as Trump's lawyers seek to have it moved to federal court. U.S. District Judge Alvin Hellerstein, who is considering the transfer request, issued an order this week setting paperwork deadlines and a hearing for late June. Merchan, still in charge while that drama plays out, agreed to instruct Trump on the rules by video, rather than in person, after a prosecutor reminded him last week that bringing Trump to court would present mammoth security and logistical challenges." (Also linked yesterday afternoon.) ~~~
~~~ Marie: Yes, this is 4th-grade stuff, wherein the judge plays the school principal & the former POTUS* is the class bully: "Now, Donnie, if you say bad things about the other kids, we're going to have to give you detention." It is my person hope that Donnie gets detention. And if the Secret Service guys don't care for the detention facilities, well, they deserve the discomfort for deleting all the insurrection-related messages from their devices.
Confessions of a Classified Docs Thief. OR Jack Smith Gets a Break in the Case. Alan Feuer & Maggie Hamberman of the New York Times: "... Donald J. Trump admitted more directly than before on Wednesday that he knowingly removed government records from the White House and claimed that he was allowed to take anything he wanted with him as personal records, appearing to misstate the law and undercut some assertions by his own lawyers.... Answering questions from the CNN host Kaitlan Collins, Mr. Trump appeared at times to be kicking up sand as he offered an array of excuses for -- and distractions from -- the key issue of whether he improperly held on to sensitive government records after he left the White House. 'I took the documents; I'm allowed to,' he told Ms. Collins at one point, asserting that he had 'the absolute right' to do so under the Presidential Records Act. The law, enacted in 1978 after the Watergate scandal, gave control of presidential records to the government itself -- not to individual presidents....
"'When we left Washington, we had the boxes lined up on the sidewalk outside for everybody,' he said. 'People are taking pictures of them. Everybody knew we were taking those boxes.'... In a letter [to Congress] last month..., [Trump's] lawyers argued that 'White House institutional processes,' not 'intentional decisions by President Trump,' were responsible for sensitive material being hauled away.... When Ms. Collins asked Mr. Trump if he had ever shown classified documents to anyone after leaving the White House, he said, 'Not really.' When she pressed him on what he meant, Mr. Trump gave an equivocating answer: 'Not -- not that I can think of.'" An NBC News story is here.
Benjamin Weiser, et al., of the New York Times: Donald "Trump, in response to questions from the CNN moderator about the Manhattan jury's verdict Tuesday, called [E. Jean] Carroll a 'wack job' and said her civil trial was 'a rigged deal.' The audience had been drawn primarily from Republican groups, and his comments drew applause and laughter.... Ms. Carroll, 79, is now weighing whether to file a new defamation lawsuit against Mr. Trump, said her lawyer, Roberta A. Kaplan. In addition to the case that ended Tuesday, Ms. Carroll has an earlier defamation suit against Mr. Trump, 76, that is still pending. Mr. Trump has argued in that case that he cannot be sued because he made those comments in his official capacity as president." ~~~
~~~ Marie: Just sue the SOB once a week or so. Kaplan can create a standard form complaint & each week fill in the dates and venues where Trump defamed Carroll. Kaplan will only occasionally have to change the defamatory remarks in each new complaint, because Trump is not good at coming up with original material. ~~~
(~~~ MEANWHILE. Shayna Jacobs of the Washington Post: "... Donald Trump has begun the process of appealing the $5 million verdict reached Tuesday in a sexual abuse and defamation lawsuit by advice columnist E. Jean Carroll. A notice of appeal was filed late Thursday afternoon by Trump's attorney, Joe Tacopina, less than 24 hours after Trump denounced Carroll during a CNN town hall as a 'whack job' who peddled 'a fake story.'")
Shane Goldmacher, et al., of the New York Times: "In little over an hour, Donald J. Trump suggested the United States should default on its debts for the first time in history, injected doubt over the country's commitment to defending Ukraine from Russia's invasion, dangled pardons for most of the Capitol rioters convicted of crimes, and refused to say he would abide by the results of the next presidential election. The second-term vision Mr. Trump sketched out at a CNN town-hall event on Wednesday would represent a sharp departure from core American values that have been at the bedrock of the nation for decades: its creditworthiness, its credibility with international allies and its adherence to the rule of law at home.... His performance ... signaled an escalation of his bid to bend the government to his wishes as he runs again for the White House, only this time with a greater command of the Republican Party's pressure points and a plan to demolish the federal bureaucracy."
Here's the full transcript of CNN's Trump Show.
Annals of "Journalism," Ctd. Paul Farhi & Jeremy Barr of the Washington Post: "CNN's prime-time broadcast of a raucous town hall with Donald Trump propelled a tsunami of criticism from inside and outside the network Thursday -- and renewed questions about how the news media will handle the challenge of covering the serial falsehoods of the Republican Party's leading candidate going into the 2024 election.... The telecast proved to be a ratings disappointment, with Nielsen reporting just 3.1 million viewers overall.... It also raised questions about the future prospects of chief executive Chris Licht.... Licht defended the decision to host Trump in this format during his regular morning meeting with network staff on Thursday.... Licht defended the decisions that led to a cheering, partisan audience: 'That was also an important part of the story because the people in that audience represent a large swath of America. And the mistake the media made in the past is ignoring those people exist.'... 'I can't believe anyone thought this was a good idea,' said one staffer...." A Guardian story is here. ~~~
~~~ Marie: Licht seems to be of the misapprehension that giving a demagogue & his followers an hour-plus of free air-time is "journalism." The actual journalism you're seeing in relation to the CNN Trump debacle are the reports, analyses & critiques of Licht's bad-faith charade.
The indispensable Dan Froomkin of Press Watch posts some tips on how to handle a lying demagogue like Donald Trump: "You cannot treat Trump like a normal politician, no matter how he is doing in the polls. You can't ignore him. But you can't let him play by his rules, either. The next president of CNN should learn from [CNN CEO Chris] Licht's mistakes." ~~~
~~~ Oliver Darcy of CNN: "It's hard to see how America was served by the spectacle of lies that aired on CNN Wednesday evening.... It felt like 2016 all over again. It was Trump's unhinged social media feed brought to life on stage.... Trump frequently ignored or spoke over [Kaitlan] Collins throughout the evening as he unleashed a firehose of disinformation upon the country, which a sizable swath of the GOP continues to believe. A professional lie machine, Trump fired off falsehoods at a rapid clip while using his bluster to overwhelm Collins, stealing command of the stage at some points of the town hall.... CNN and new network boss Chris Licht are facing a fury of criticism -- both internally and externally over the event." (Also linked yesterday afternoon.) ~~~
~~~ Marie: Most commentators are giving Kaitlan Collins props for trying (but failing!) to fact-check Trump. To that, I say bull. If Collins wanted a thumbs-up from me -- and I first thought this anticipating the fiasco, not after the fact -- she would have had to tell Licht she was not going to sit there as Trump & the Gang's patsy & punching bag. No real journalist would have agreed to participate in that forum in that format with that audience.
~~~ Conser-vo-tive Charlie Sykes of the Bulwark: "Critics had worried that giving the indicted, twice-impeached, coup-plotting, chronically lying sexual predator an unedited, live television forum might turn out badly. The reality, however, was far ghastlier: a sh*tshow for the ages, and a moment that captured the thorough degradation of both our politics and the media. 'It was a f**king nightmare,' remarked one savvy observer, 'and it was programmed to BE a f**king nightmare.'... As Mehdi Hasan writes today, the 'ridiculous town hall format and an audience seemingly recruited "from the Mar-a-Lago parking lot"', put its own anchor in a position to fail.' Her bosses at CNN should have known that, but they made it clear last night that they had learned nothing. Or simply didn't care. Increasingly, Chris Licht is to CNN what Elon Musk is to Twitter." (Also linked yesterday afternoon.) ~~~
~~~ Marie: What Mehdi Hasan said, perhaps in jest, was apparently true. Some pundit on the teevee said today that he recognized some of the audience members as former Trump operatives & campaign workers. ~~~
~~~ Marie: Trump said a lot more horrible things than this, but the one that got me was his claim that he had finished the wall. A wall is a physical thing, and the vast spaces between the few shoddily-built sections of border wall that went up during Trump's reign of terror are irrefutable proof that he did not finish the wall. He barely began it. Moreover, a lot of ink was spilled over the failures to build a wall (or to build any structure that was in any way a practical deterrent to unauthorized immigrants). The wall was not built. The wall is not there. Yet Trump just says it is there, and for his hallucinating MAGA masses, apparently it is there. This is an insane expression and acceptance of authoritarianism at its most stark.
Presidential Race 2024. John Wagner of the Washington Post: "Sen. Todd C. Young (R-Ind.) said Thursday that he does not plan to support Donald Trump for the Republican presidential nomination, citing Trump's refusal to call Russian President Vladimir Putin a war criminal during a televised town hall and broader concerns about the former president's ability to win another general election. 'Where do I begin?' Young, a veteran lawmaker who previously led the Senate GOP's campaign arm, told reporters at the Capitol when asked about his reservations about Trump.... To date, 11 of the Senate's 49 senators have publicly expressed support for Trump's return to the White House."
Beyond the Beltway
New York. Jonah Bromwich, et al., of the New York Times: "Daniel Penny, the 24-year-old Marine veteran who choked and killed a homeless man on the subway last week, will face a charge of second-degree manslaughter and is expected to appear in Manhattan Criminal Court on Friday.... Mr. Penny encountered [Jordan] Neely, 30, on an F train on May 1 and placed him in a chokehold, killing him. Witnesses told the police that Mr. Neely had been shouting at passengers, but there has been no indication that he physically attacked anyone." The AP report is here.
Way Beyond
Ukraine, et al. The Washington Post's live briefing of developments Friday in Russia's war on Ukraine is here: "Ukrainian President Volodymyr Zelensky and Wagner head Yevgeniy Prigozhin shared conflicting reports on the much-anticipated Ukrainian spring counteroffensive, with Zelensky saying his country needed to wait for more equipment to arrive.... Prigozhin, meanwhile, said the Ukrainians were 'in full swing,' attacking his forces' flanks in Bakhmut. 'Unfortunately, in some places they are successful,' Prigozhin, meanwhile, said the Ukrainians were 'in full swing,' attacking his forces' flanks in Bakhmut. 'Unfortunately, in some places they are successful,' Prigozhin said. Prigozhin said.... The U.S. ambassador to South Africa on Thursday accused his host country of shipping weapons to Russia in December, in violation of its self-proclaimed policy of nonalignment.... In a first, the U.S. Justice Department has transferred millions of dollars seized from a Russian oligarch for use in rebuilding Ukraine. The funds were taken from a U.S. bank account traceable to sanctions violations by Russian oligarch Konstantin Malofeyev, the Justice Department said." ~~~
~~~ The Guardian's live updates for Friday are here. The Guardian's summary report is here.