The Conversation -- May 31, 2024

Michael Levenson of the New York Times: "Marian Robinson, Michelle Obama's mother and a linchpin of the Obama family who moved into the White House and provided stability and care for the family's two young daughters during a tumultuous time in Washington, died on Friday. She was 86. Her death was announced in a statement by Ms. Obama, former President Barack Obama and other members of the family."

Aamer Madhani & Darlene Superville of the AP: "President Joe Biden said Friday that Hamas is 'no longer capable' of carrying out another large-scale attack on Israel as he urged Israelis and Hamas to come to a deal to release remaining hostages for an extended cease-fire. Biden addressed the nearly 8-month-old Israel-Hamas war as the Israeli military confirmed on Friday that its forces are now operating in central parts of Rafah in its expanding offensive in the southern Gaza city. 'This is truly a decisive moment,' Biden said as he spoke of a three-phase deal that Israeli officials have offered Hamas. 'Israel has made their proposal. Hamas says it wants a cease-fire. This deal is an opportunity to prove whether they really mean it.'" ~~~

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

Lauren Irwin of the Hill: "West Virginia Sen. Joe Manchin, a conservative Democrat, officially filed as an independent Friday. 'My commitment to do everything I can to bring out country together has led me to register as an independent with no party affiliation,' Manchin posted on the social platform X. Manchin announced in November that he wouldn't be running for reelection this year, after serving in the Senate since 2010. Before coming to Congress, he served as the governor of West Virginia from 2005-10.... Manchin did not say what he plans to do after he leaves office at the end of this term.... The West Virginia senator, 76, had long toyed with the idea of a possible third-party bid for the White House but ruled it out this cycle...."

GUILTY ON ALL COUNTS

** President Biden on Donald Trump's conviction:

Zachary Leeman of Mediaite: "MSNBC's José Díaz-Balart declined to describe a speech before cameras by Donald Trump as a 'press conference' on Friday, dismissing it as a campaign event after the network cut away early to offer fact checks of the former president. 'Donald Trump was all over the place at the start of this press conference and throughout really. It would seem like stream of consciousness a little bit. He talked about coming across the border, he talked about how they want to take away your cars.[' ']That's a direct quote,' MSNBC anchor Ana Cabrera said when describing Trump's speech moments after MSNBC dumped out of the event.... MSNBC offered multiple fact checks of Trump, including his declaration at one point that he could be facing more than 120 years behind bars." Tim Miller, for his part, called Trump's remarks "a ramble" and "pretty incoherent."

Philip Nieto of Mediaite: "... Donald Trump claimed witnesses in his hush money trial were 'literally crucified' following his criminal conviction by a New York jury.... [Trump said,] 'You saw what happened to some of the witnesses that were on our side. They were literally crucified by this man [i.e., Justice Merchan] who looks like an angel. But he's really a devil.'" MB: Even though I oppose capital punishment, I would like to have seen those crucifictions Judge Merchan ordered. Definitely need cameras in the courtroom.

Michael Gold & Matthew Haag of the New York Times: On Friday, Donald "Trump, in a rambling and misleading 33-minute speech, derided the trial as 'rigged' and made numerous false statements about what had taken place in court.... Mr. Trump, who said he would appeal the verdict, continued to attack people who testified against him in the seven-week trial, specifically his former fixer, Michael D. Cohen, the star witness for the prosecution. He also admitted that he had gotten 'very upset' with his lawyers. He called the judge, Juan M. Merchan, the 'devil.'" This is currently (12:30 pm ET) the pinned item in a liveblog. Here are a few reporters' observations:

Gold: "Trump starts by claiming that 'if they can do this to me, they can do this to everyone' and calls the prosecutors in his trial 'bad' and 'sick' people. Then he immediately retreats to his dark rhetoric on immigration.... Trump is now complaining about the gag order in the case, which he falsely attributed to President Biden.... The court, he says, 'is in total conjunction with the White House and the D.O.J.,' a claim for which there is no evidence[.]"

Jonah Bromwich: "Prosecutors had asked that Trump be placed under a gag order for the duration of the trial, so it is not totally unsurprising that the former president has seemed to violate it here, lashing out his former fixer, Michael Cohen.... But this could be dangerous for Trump, who still has to undergo sentencing, where a judge often takes a defendant's post-verdict conduct into account."

Benjamin Protess: "Trump claims that Michael Cohen got into legal trouble not because of his affiliation with the former president, but because of his own crimes. While it's true that Cohen pleaded guilty to personal financial crimes, he was also charged with his role in paying hush money for Trump. And federal prosecutors concluded that Cohen did so at Trump's direction."

Jonathan Swan: "Trump claims, implausibly, that he never thought of Michael Cohen as a fixer. He says he thought of him purely as a lawyer. In reality, Trump assigned Cohen to do many jobs that had nothing to do with lawyering, such as threatening contractors and trying to rig an online CNBC poll to make Trump seem more popular than he really was."

Maggie Haberman: "Trump is now doing a sweeping rejection of all investigations into him, including the investigation into his efforts to thwart the transfer of power after he lost the 2020 election."

Gold: "Trump is now falling back on very familiar territory: his screed against migrants who are crossing the border illegally, who he broadly depicts as criminals, mentally ill people and terrorists. Border authorities have said most of those crossing are families fleeing poverty or conflict."

Bromwich: "Trump seemed to be seeking to draw a connection between his points about migrants and the judge in his case. Justice Merchan was born in Colombia but raised in Queens, the same borough as Trump. The former president's effort to tie Merchan's background to the migrant crisis may speak to some of his supporters."

Swan: "We're now in the phase of the speech when Trump is falsely claiming that kids can't have Little League games any more because undocumented immigrants are setting up too many tents."

Gold: "After 33 minutes, Trump walks away without answering questions from the dozens of reporters here."

Reid Epstein: "Michael Tyler, a spokesman for President Biden's campaign, said that Trump's remarks today showed that he was 'confused, desperate, and defeated' following his felony conviction. 'Trump is consumed by his own thirst for revenge and retribution,' Tyler said. 'He thinks this election is about him. But it's not. I's about the American people: lowering their costs, protecting their freedoms, defending their democracy.'"

[Marie: According to MSNBC, Trump said the judge might sentence him to 100 years in jail. (The maximum sentence for the crimes he committed is four years, and most experts speculate Trump won't be sentenced to any jail time.)]

Republicans Attack U.S. Justice System. Mary Jalonick of the AP: "Republican lawmakers reacted with immediate fury on Thursday as a New York jury convicted ... Donald Trump on 34 counts of falsifying business records to influence the 2016 election, speaking out with near unanimity in questioning the legitimacy of the trial and how it was conducted. House Speaker Mike Johnson said it was a 'shameful day in American history' and the charges were 'purely political.' Ohio Sen. J.D. Vance said the verdict was a 'disgrace to the judicial system.' And Louisiana Rep. Steve Scalise, the No. 2 House Republican, said that the decision was 'a defeat for Americans who believe in the critical legal tenet that justice is blind.'" ~~~

~~~ Stephen Neukam of Axios: "A top Trump advisor warned Maryland Republican Larry Hogan that his Senate campaign in the state is over after the state's former governor told voters to 'respect the verdict.'... Former President Trump initially planned to refrain from attacking Hogan, despite their strained past.... [But] Hogan's call to respect the rule of law seems to have incensed at least one top Trump advisor. 'You just ended your campaign,' said Chris LaCivita, a senior Trump advisor, on X in response to Hogan's comments."

Brett Samuels of the Hill: "The Trump campaign brought in roughly $35 million after former President Trump was found guilty of 34 felony counts in a New York hush money trial Thursday, as his campaign argues the verdict supercharged support among grassroots donors. 'From just minutes after the sham trial verdict was announced, our digital fundraising system was overwhelmed with support, and despite temporary delays online because of the amount of traffic, President Trump raised $34.8 million dollars from small dollar donors,' Trump campaign senior advisers Chris LaCivita and Susie Wiles said in a joint statement Friday."

Brian Beutler has some thoughts on Trump's conviction. Thanks to RAS for the link. ~~~

Marie: I have no idea what caused Donald Trump to decide to turn on Michael Cohen. But it was one of the biggest miscalculations of his ignominious career. It dwarfs the Trump "University" grift and other Trump scams. Cohen was a thug who would have continued to serve Trump. But Trump abandoned Cohen, so Cohen turned on Trump. Cohen met with investigators from the Manhattan D.A.'s office at least 20 times, providing the D.A. with the basic framework of the criminal case against Trump. And it was Cohen's Congressional testimony that caused New York Attorney General Letitia James to open an investigation into Trump's business practices. That investigation resulted in civil fraud charges and eventually a judgment against the Trump Organization in the amount of $454 million, plus other penalties. That is to say, if not for Michael Cohen, Trump might not yet be a convicted criminal and he would likely be half-a-billion dollars richer.

~~~~~~~~~~

Michael Sisak, et al., of the AP: "Donald Trump became the first former president to be convicted of felony crimes Thursday as a New York jury found him guilty of falsifying business records in a scheme to illegally influence the 2016 election through hush money payments to a porn actor who said the two had sex. Jurors deliberated for 9.5 hours over two days before convicting Trump of all 34 counts he faced. Trump sat stone-faced while the verdict was read as cheering from the street below -- where supporters and detractors of the former president were gathered -- could be heard in the hallway on courthouse's 15th floor where the decision was revealed." (Also linked yesterday.) ~~~

~~~ "Queens Man Convicted." Jacob Kaye of the Queens Daily News: "Former Jamaica Estates resident Donald Trump was convicted by a Manhattan jury on Thursday of 34 counts of falsifying business records in an effort to cover up a sex scandal he feared would ruin his chances of winning the 2016 presidential election. The jury's verdict, which came after only two days of deliberations, makes Trump the first president from Queens -- or anywhere in the United States, for that matter -- to become a felon.... The trial was overseen by another man from the World's Borough, Justice Juan Merchan, who was raised in Jackson Heights. Despite their shared hometown, Trump had no love for his fellow Queens man following the trial's conclusion on Thursday. 'This was a disgrace,' Trump said. 'This was a rigged trial by a conflicted judge who was corrupt.'... Trump was released on his own recognizance Thursday, being spared a trip to Rikers Island, the home of the city's notorious jail complex which happens to be part of the same borough the former president was raised in." ~~~

~~~ Ben Protess, et al., of the New York Times: "The guilty verdict in Manhattan -- across the board, on all 34 counts -- will reverberate throughout the nation and the world as it ushers in a new era of presidential politics. Mr. Trump will carry the stain of the verdict during his third run for the White House as voters now choose between an unpopular incumbent and a convicted criminal. While it was once unthinkable that Americans would elect a felon as their leader, Mr. Trump's insurgent behavior delights his supporters as he bulldozes the country's norms. Now, the man who refused to accept his 2020 election loss is already seeking to delegitimize his conviction, attempting to assert the primacy of his raw political power over the nation's rule of law.... The judge overseeing the case, Juan M. Merchan, released Mr. Trump on his own recognizance and set his sentencing for July 11, just days before the Republican National Convention convenes and anoints him as the presidential nominee. Alvin L. Bragg, the prosecutor who brought the case, declined to reveal Thursday whether he would seek a prison term."

New York Times reporters liveblogged yesterday's proceedings. For details, see yesterday's Conversation. The reporters' observations are divided into two parts, before and after the court announced that the jury had reached a verdict. (Also linked yesterday.)

Links to courtroom proceedings in the Trump criminal case, up through May 29, are here. Links to evidence are here. All via the New York courts system. (Also linked yesterday.)

Isaac Arnsdorf, et al., of the Washington Post: "The [Trump] campaign quickly responded to the verdict with a fundraising solicitation that declared, 'I'M A POLITICAL PRISONER!' -- adapting the term that Trump has been using to describe his supporters charged in the Jan. 6, 2021, attack on the U.S. Capitol. [Trump] advisers said the verdict produced a spike in campaign contributions.... The Trump campaign is seeking to turn the verdict into a factor that hardens the intensity of his supporters.... Trump appeared flushed as he walked out [of the courtroom] grimacing. He stopped just outside the courtroom doors to huddle with his aides.... Then he approached the stakeout camera set up in the hallway to address reporters, as he did throughout the trial. His words were similar: criticizing the judge, the venue, the prosecutors. But this time he held his head a little lower, hissed a little more on the word 'disgrace,' spat a little more as he repeated the word 'rigged.' 'I'm a very innocent man,' he insisted."

New York Times Editors: "The jury's decision, and the facts presented at the trial, offer yet another reminder -- perhaps the starkest to date -- of the many reasons Donald Trump is unfit for office.... The greatest good to come out of this sordid case is the proof that the rule of law binds everyone, even former presidents.... That 12 Americans could sit in judgment of the former and potentially future president is a remarkable display of the democratic principles that Americans prize at work.... Justice Merchan was scrupulous in ensuring that Mr. Trump received a fair trial.... And yet throughout the trial, the judge was forced to deal with Mr. Trump's attempts to undermine the legal system.... Justice Merchan put a limit on what Mr. Trump could say to prevent him from attacking and threatening jurors, witnesses, court personnel and even the judge's family.... Only the threat of a jail sentence finally seemed to keep Mr. Trump in line." (Also linked yesterday.)

Ryan Reilly of NBC News: "False reports about the jury instructions in ... Donald Trump's hush money trial have been spreading across right-wing media, leading to threats against the judge overseeing the case. Several conservative news personalities, including some affiliated with Fox News, falsely claimed that Judge Juan Merchan, as one Fox News anchor put it in a viral post on X, 'told the jury that they do not need unanimity to convict' Trump. That's not true.... Jurors have to agree unanimously that Trump committed a crime by engaging in a criminal conspiracy to falsify records with the intent to commit one or more other crimes in order to convict him. But jurors can choose from three options about what those other crimes were...." (Also linked yesterday.) ~~~

     ~~~ Steve Benen of MSNBC: "'IT IS RIDICULOUS, UNCONSTITUTIONAL, AND UNAMERICAN that the highly Conflicted, Radical Left Judge is not requiring a unanimous decision on the fake charges against me,' [Donald] Trump wrote.... 'Judge in Trump case in NYC just told jury they don't have to unanimously agree on which crime was committed as long as they all at least pick one. And that among the crimes the [sic] can pick from are ones Trump WASN'T EVEN CHARGED WITH!!! This is exactly the kind of sham trial used against political opponents of the regime in the old Soviet Union [-- Sen. Marco Rubio].... Rubio is a lawyer. He went to law school. He practiced law before beginning a lengthy career as a lawmaker.... Rubio -- who ... really should've known better -- pushed a wildly misleading claim that both undermines public confidence in the judicial system and seems likely to increase threats against the judge who did nothing wrong.... No one should want to be vice president this badly." (Also linked yesterday.) ~~~

~~~ Dana Milbank of the Washington Post relayed some other stuff Trump has been posting lately; e.g.: "On Sunday, he shared a video of a vulgarian shouting at Joe Scarborough, the former conservative Republican congressman who is now an MSNBC host: ''He'll get rid of all you f---ing liberals. You liberals are gone when he f---ing wins. You f---ing bl---job liberals are done. Uncle Donnie's gonna take this election. Landslide, coz. Landslide, you f---ing half a bl-- job. Landslide. Get the f--- out of here, you scumbag.' Scarborough's reply: 'He's your uncle?'"

Put Democrats in Prison or Shoot Them, Prominent Winger Urges. Isaac Schorr of Mediaite: "Sean Davis, the CEO and co-founder of the right-wing website The Federalist, called on Republicans to draw up lists of Democrats to 'put in prison' in a social media post reacting to Donald Trump's conviction.... 'In 2016, the presidential race was decided based on candidates releasing lists of potential Supreme Court nominees,' wrote Davis. 'In 2024, I want to see lists of which Democrat officials are going to be put in prison. This is what happens when you cross the Rubicon.'... 'Frederick Douglass wrote that three boxes were essential to American liberty: the ballot box, the jury box, and the cartridge box...,' declared Davis in another post reacting to the verdict. 'Democrats stole the 2020 election, and then they ran a Soviet show trial with a rigged jury to throw their top political opponent in prison in 2024. Understand what they're coming for next, and why.'" Emphasis added. Thanks to RAS for the link.

Li Zhou of Vox: "An explosive new essay published in Slate on Thursday raises new allegations about ... Donald Trump's behavior on the set of The Apprentice, renewing focus on his history of racist comments and misconduct toward women. The piece, by Bill Pruitt, a former producer on the reality show, claims Trump used the n-word to describe a Black contestant named Kwame Jackson, and describes how he openly commented on women's appearances.... According to Pruitt, Carolyn Kepcher, one of Trump's employees who advised him on the show, argued that Jackson did a strong job with the season's final challenge, and he deserved to win. 'Yeah,' Trump allegedly said, 'but, I mean, would America buy a n-- winning?'... Pruitt's essay focuses on how Apprentice producers were able to make Trump appear like a successful and commanding businessperson despite his bumbling persona and well-established history of scamming those he worked with. Pruitt's Slate essay is here."

Marie: In case the Manhattan jury's verdict against Donald Trump is making you feel all dewy-eyed and optimistic about the U.S. system of justice, where "no man is above the law," let me point out that there are nine powerful people in this country who literally sit above the rest of us. Now their titular leader has declared in writing that the seating arrangement is more than symbolic: these nine have certain immunity from rules and laws that constrain the rest of us. ~~~

~~~ ** Supreme Court Chief Justice Gives Country the Finger. Abbie VanSickle of the New York Times: "Chief Justice John G. Roberts Jr. on Thursday declined requests to have Justice Samuel A. Alito Jr. recuse himself from cases related to the Jan. 6 Capitol attack after provocative flags flew on the justice's properties. The justices make those calls on their own, Chief Justice Roberts wrote in a letter to Democratic senators.... The chief justice also rejected a request to meet with Democratic senators to discuss ethics at the Supreme Court, writing that doing so would raise concerns about separation of powers and judicial independence." (Also linked yesterday.) The AP's report is here. ~~~

     ~~~ Marie: Given the audacious authoritarian attitudes expressed by Roberts, Alito and Thomas, we should not be at all surprised if they rule that a Republican ex-president is immune from prosecution from ordinary and extraordinary crimes against the public. (I'll admit there is a good chance they and their fellow confederates will not immediately rule outright on the immunity case but instead will try to hide their opinion by sending the case through a long -- i.e., way past the election -- and winding road through the court system they control.)

Julie Weil of the Washington Post: "The IRS is making its free tax-filing platform permanent and open to all 50 states and D.C., the Biden administration announced Thursday, following the successful launch of the first-of-its-kind website. This tax season, more than 140,000 taxpayers in 12 eligible states made use of Direct File -- which allows users to submit simple tax returns directly to the government. Republicans have criticized it as a costly and unnecessary government alternative to private-sector offerings from Turbo Tax, H&R Block and others, while Democrats praise the effort as a cost-saver for consumers. 'Meeting your tax obligations and claiming the credits and deductions for which you're eligible should be easy,' Treasury Secretary Janet L. Yellen said Thursday. 'We will make Direct File a permanent IRS service and invite all states to participate in Direct File starting next year.'" An Axios report is here.

Santul Nerkar of the New York Times: "The Labor Department on Thursday sued Hyundai over the use of child labor in Alabama, holding the car manufacturer liable for the employment of children in its supply chain, including a 13-year-old girl who worked up to 60 hours per week making car parts. In the suit, filed in a federal court in Montgomery, Ala., the department said Hyundai was responsible for the employment of children at a Smart Alabama factory in Luverne, Ala., which produces parts like body panels that are shipped to a Hyundai factory in Montgomery. The suit also claimed a staffing agency, Best Practice Service, recruited the children to work at the supplier's plant.... The suit comes after investigations by Reuters and The New York Times documented the use of child labor by the suppliers of car companies."

Spencer Hsu of the Washington Post: "A Queens man pleaded guilty Thursday to threatening to kill a congressional aide and to making more than 12,000 harassing phone calls to members of Congress over an 18-month period in 2022 and 2023, federal prosecutors in Washington, D.C. announced." MB: Turns out it wasn't that Queens man, but given that Queens man's penchant for harassing politicians, one could be forgiven for suspecting he was the guy.

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NEW: Man with a suspended license joins court Zoom call while driving in his car.

This is the funniest video I've seen in a long time.

Judge Cedric Simpson can be seen dumbfounded after defendant Corey Harris dialed into the meeting from his car.

Simpson: "Mr. Harris, are… pic.twitter.com/ydOKIMD7Ie

— Collin Rugg (@CollinRugg) May 29, 2024

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Ukraine, et al. Edward Wong of the New York Times: "The Biden administration has decided to allow Ukraine to strike inside Russia with U.S.-made weapons with the aim of blunting Russia's attacks in the Kharkiv area, senior American officials said on Thursday. The decision follows weeks of discussion with the Ukrainians after Russia began a major assault on Kharkiv, the second-largest city in Ukraine. Because Kharkiv is near Russia, in the northeast of Ukraine, the Russian military has been hitting the area around the city with artillery and missiles fired or launched from inside Russian territory, and the Ukrainians have asked the Americans to give them greater leeway in defending Kharkiv, an American official said. The permission from President Biden is intended solely for Ukraine to strike military sites in Russia being used to attack the Kharkiv area, U.S. officials said." (Also linked yesterday.) Politico's report is here.

The Conversation -- May 30, 2024

DONALD TRUMP FOUND GUILTY ON ALL COUNTS

Michael Sisak, et al., of the AP: "Donald Trump became the first former president to be convicted of felony crimes Thursday as a New York jury found him guilty of falsifying business records in a scheme to illegally influence the 2016 election through hush money payments to a porn actor who said the two had sex. Jurors deliberated for 9.5 hours over two days before convicting Trump of all 34 counts he faced. Trump sat stone-faced while the verdict was read as cheering from the street below -- where supporters and detractors of the former president were gathered -- could be heard in the hallway on courthouse's 15th floor where the decision was revealed."

THERE'S A VERDICT in the Manhattan criminal case against Donald Trump. @4:38 pm ET, jury has asked for half an hour to fill out the verdict form. ~~~

~~~ Here's the latest from the New York Times liveblog: ~~~

Jonah Bromwich: "The judge says that he has received a note from the jury foreperson at 4:20. They have a verdict.... They request 30 minutes to fill out the forms."

Kate Christobek: "Alvin Bragg, the Manhattan district attorney, is now in the courtroom, seated in the audience behind the prosecutors who tried this case for his office."

Maggie Haberman: "Justice Merchan is back on the bench."

** Benjamin Protess: "Donald J. Trump was just convicted of all 34 counts of falsifying business records. He is the first American president to become a felon."

Bromwich: "Trump is unresponsive, sitting slack at the defense table."

Jesse McKinley: "Trump now looking at the jury as each juror is polled to confirm their decision of guilty on all counts."

Bromwich: "All of the jurors have individually confirmed their verdicts.... The judge is thanking the jury. He tells them he admires and appreciates their hard work, and praises them for their engagement and their investment.... Justice Merchan tells the jurors they can discuss the case if they;d like, but do not have to. The choice is theirs, but they are no longer barred from discussing the case. He asks to meet with them to discuss their work, though not the facts of the case."

Haberman: "Todd Blanche, Trump's lawyer, is arguing, with the jurors gone, that the verdict is improper and should be tossed because it relied on Michael Cohen's testimony." ~~~

~~~ Bromwich: "The judge immediately denies the motion.... As expected, Trump will have to receive a probation report, as is standard in state court. That report typically takes four to six weeks."

McKinley: "Sentencing is set for July 11."

Michael Gold: "Trump looks fairly defeated as he walks up to the cameras and reporters stationed in the hallway outside the courtroom.... 'This was a disgrace,' Trump says. 'This was a rigged trial by a conflicted judge who was corrupt.'... Trump is now listing a litany of complaints he has made for the last several months: that Justice Merchan was biased, that Alvin Bragg brought his case as an effort to keep Trump out of the White House, and that he should have gotten a venue change because of how liberal-leaning Manhattan is. 'The real verdict is going to be Nov. 5, by the people,' he says.... He closes by saying, 'We will fight for our Constitution. This is long from over.' Then, looking more somber than I have seen him at any point in the last several months, he walks away from the cameras and does not answer questions.... Trump spoke for less than three minutes in total. He did not answer a shouted question by a reporter who asked why Americans should vote for a convicted felon."

Reid Epstein: "President Biden's campaign spokesman said Trump's conviction shows 'no one is above the law.' 'There is still only one way to keep Donald Trump out of the Oval Office: at the ballot box,' said Michael Tyler, the campaign's communications director. 'Convicted felon or not, Trump will be the Republican nominee for president.'"

Michael Grynbaum: "MSNBC's Rachel Maddow said the jury 'deserves to be thanked for their efforts,' and warned that Trump and his allies would try to seed doubts about the guilty verdict, calling it a test 'of the rule of law in our country.'... Fox News pundits quickly denounced the verdict on air. 'It's inconceivable in New York that anyone else other than Donald Trump would be indicted in this way,' said Andy McCarthy, a legal analyst. Jeanine Pirro called the case 'riddled with errors' and declared, 'We have gone over a cliff in America.'"

Nicholas Nehamas: "Shortly after Trump's guilty verdict was read aloud in court, President Biden posted a fundraising appeal on X from his campaign account: 'There's only one way to keep Donald Trump out of the Oval Office: At the ballot box,' Biden wrote. 'Donate to our campaign today.'"

Shane Goldmacher: "The WinRed portal that Trump's campaign uses to process campaign donations appears to have gone offline shortly after his guilty verdict."

Ken Bensinger: "Tucker Carlson responded to today's verdict in what can only be described as an apocalyptic tone, stating on X that the jury's decision marked 'the end of the fairest justice system in the world.' The former Fox News host said that Trump would still win the election 'if he's not killed first,' and closed by saying that 'anyone who defends this verdict is a danger to you and your family.'"

Zolan Kanno-Youngs: "While the Biden campaign responds to the guilty verdict by encouraging people to vote, the Biden White House is choosing to keep its reactions to a minimum. 'We respect the rule of law, and have no additional comment,' said Ian Sams, a spokesman for the White House Counsel's Office. President Biden is currently in Rehoboth Beach, Del., with his family. He has no public appearances on his schedule the rest of the day."

Bromwich: "Alvin Bragg, the Manhattan district attorney, will hold a news conference at 6:30 to discuss the verdict."

Gold: "Just minutes after the verdict was announced, the Trump campaign sent out a fund-raising email in which Trump said, in all capital letters, 'I am a political prisoner!'"

New York Times Editors: "The jury's decision, and the facts presented at the trial, offer yet another reminder -- perhaps the starkest to date -- of the many reasons Donald Trump is unfit for office.... The greatest good to come out of this sordid case is the proof that the rule of law binds everyone, even former presidents.... That 12 Americans could sit in judgment of the former and potentially future president is a remarkable display of the democratic principles that Americans prize at work.... Justice Merchan was scrupulous in ensuring that Mr. Trump received a fair trial.... And yet throughout the trial, the judge was forced to deal with Mr. Trump's attempts to undermine the legal system.... Justice Merchan put a limit on what Mr. Trump could say to prevent him from attacking and threatening jurors, witnesses, court personnel and even the judge's family.... Only the threat of a jail sentence finally seemed to keep Mr. Trump in line."

** Supreme Court Chief Justice Gives Country the Finger. Abbie VanSickle of the New York Times: "Chief Justice John G. Roberts Jr. on Thursday declined requests to have Justice Samuel A. Alito Jr. recuse himself from cases related to the Jan. 6 Capitol attack after provocative flags flew on the justice's properties. The justices make those calls on their own, Chief Justice Roberts wrote in a letter to Democratic senators.... The chief justice also rejected a request to meet with Democratic senators to discuss ethics at the Supreme Court, writing that doing so would raise concerns about separation of powers and judicial independence."

Edward Wong of the New York Times: "The Biden administration has decided to allow Ukraine to strike inside Russia with U.S.-made weapons with the aim of blunting Russia's attacks in the Kharkiv area, senior American officials said on Thursday. The decision follows weeks of discussion with the Ukrainians after Russia began a major assault on Kharkiv, the second-largest city in Ukraine. Because Kharkiv is near Russia, in the northeast of Ukraine, the Russian military has been hitting the area around the city with artillery and missiles fired or launched from inside Russian territory, and the Ukrainians have asked the Americans to give them greater leeway in defending Kharkiv, an American official said. The permission from President Biden is intended solely for Ukraine to strike military sites in Russia being used to attack the Kharkiv area, U.S. officials said."

Ryan Reilly of NBC News: "False reports about the jury instructions in ... Donald Trump's hush money trial have been spreading across right-wing media, leading to threats against the judge overseeing the case. Several conservative news personalities, including some affiliated with Fox News, falsely claimed that Judge Juan Merchan, as one Fox News anchor put it in a viral post on X, 'told the jury that they do not need unanimity to convict' Trump. That's not true.... Jurors have to agree unanimously that Trump committed a crime by engaging in a criminal conspiracy to falsify records with the intent to commit one or more other crimes in order to convict him. But jurors can choose from three options about what those other crimes were." ~~~

     ~~~ Steve Benen of MSNBC: "'IT IS RIDICULOUS, UNCONSTITUTIONAL, AND UNAMERICAN that the highly Conflicted, Radical Left Judge is not requiring a unanimous decision on the fake charges against me,' [Donald] Trump wrote.... 'Judge in Trump case in NYC just told jury they don't have to unanimously agree on which crime was committed as long as they all at least pick one. And that among the crimes the [sic] can pick from are ones Trump WASN'T EVEN CHARGED WITH!!! This is exactly the kind of sham trial used against political opponents of the regime in the old Soviet Union [-- Sen. Marco Rubio].... Rubio is a lawyer. He went to law school. He practiced law before beginning a lengthy career as a lawmaker.... Rubio -- who ... really should've known better -- pushed a wildly misleading claim that both undermines public confidence in the judicial system and seems likely to increase threats against the judge who did nothing wrong.... No one should want to be vice president this badly."

We're back on Trump jury watch, and New York Times reporters are keeping us apprised of developments: ~~~

Jonah Bromwich: "The judge says he believes that the jury wants him to repeat a significant portion of the instructions he read to the jury yesterday. He will start with page 6 of the 55-page document and read to page 35.... This will likely take about 35 minutes....

"The jury specifically asked in its note for the judge to repeat his instructions on what are called 'evidentiary inferences' -- that is, reasonable inferences that can be drawn from what they heard at trial. They asked to hear the following analogy, which he provided yesterday and just repeated: 'Suppose you go to bed one night when it is not raining and when you wake up in the morning, you look out your window; you do not see rain, but you see that the street and sidewalk are wet, and that people are wearing raincoats and carrying umbrellas. Under those circumstances, it may be reasonable to infer, that is conclude, that it rained during the night.'"

[MB: This could be good news for the prosecution; that is, the jurors want to make sure they can reasonably infer facts that may not be in evidence or are evidence only insofar as an accomplice -- Michael Cohen -- so testified. On the other hand, maybe some jurors need to be convinced that inferences and "common sense" are valid means of reaching a verdict.]

Jesse McKinley: "As the judge has re-read his instructions to the jury, Trump has had his eyes closed, and his chin has sometimes slumped to his chest. At other times, his head has been slightly pitched back, like a man tanning." [MB: Reporters have observed almost every day incidences that indicate Trump can't stay awake during his own trial. You may remember that when he was president*, briefers reportedly said he couldn't concentrate on the Presidential Daily Briefings, so they had to simplify the PDBs. I'm thinking now "couldn't concentrate" was their polite way of saying "slept through."]

Maggie Haberman: "Justice Merchan is now at the point of the instructions where he's describing 'accessorial liability,' the portion that suggests the defendant doesn't need to have actively participated in the commission of the crime to be found guilty, as long as he in some way directed or intentionally aided the criminal conduct of someone else. In this case, that relates to the alleged falsification of business records."

Bromwich: "The judge is concluding his readback..., and now we will hear the testimony again... Two court reporters will read these together. The first, sitting in her typical chair, explains that she is the 'lawyer' and that her colleague, on the witness stand is 'David Pecker.' They start with testimony pertaining to a phone call that Pecker and Trump had in June 2016, according to Pecker's testimony.... This testimony is fairly good for the prosecution's case. Trump acknowledges having spoken to Michael Cohen -- per David Pecker -- and knowing Karen McDougal, one of the women who was eventually paid to keep quiet during the 2016 campaign.... David Pecker testified that he recommended that Trump buy Karen McDougal's story....

"We have moved onto the second part of David Pecker's testimony that the jurors asked to hear, where he explains that he decided he did not want to be repaid for Karen McDougal's story after purchasing it. The implication was that he was concerned about the legal consequences of accepting a reimbursement.... We've moved on to the third and final portion of testimony that the jurors wanted to hear from David Pecker. This excerpt pertains to the August 2015 Trump Tower meeting in which prosecutors say, Pecker, Michael Cohen and Trump entered a conspiracy to suppress negative news about Trump during the 2016 election.... David Pecker's testimony here is key to the prosecution's case."

Haberman: "David Pecker was a very damaging witness for the defense. And the efforts to detract from his testimony during cross-examination only seemed to make him more defiant as a witness."

Bromwich: "The jurors just again heard David Pecker's testimony that the reason he was purchasing negative stories on Trump's behalf was to benefit his presidential campaign. That is the prosecution's theory of the election conspiracy in a nutshell....

"Emil Bove, a defense lawyer, cross-examined David Pecker, and jurors are hearing part of that cross-examination now. In the cross, Bove elicited testimony that Pecker misremembered the exact date of the August 2015 meeting, and more generally that Pecker was testifying about events from a long time ago.... During readbacks, we also see the importance of objections. Any objection that was sustained by the judge -- and several were in this cross examination of David Pecker -- is not read aloud as the jury considers a potential verdict....

"The end of the cross-examination of David Pecker -- when, as Maggie wrote earlier, the witness turned defiant -- was less good for the defense. It was just read aloud again. 'There was a discussion about that I was going to be the eyes and ears of the campaign,' Pecker testified. 'And there was a discussion that I would be notifying Michael Cohen of any women that were in the process of or going to be selling stories.'...

"We move on to the fourth and final portion of testimony that jurors asked to hear yesterday: Michael Cohen's recounting of that same Trump Tower meeting.... Michael Cohen's testimony matches David Pecker's account fairly closely. Pecker testified that he had said he would be Trump's 'eyes and ears' and watch out for negative stories. Cohen recalls him saying he would 'keep an eye out for anything negative.'"

"The readback is complete, and the jurors are being excused to continue their deliberations. They have asked to use both headphones and speakers to listen to evidence that includes an audio portion."

[Marie: While the jury is deliberating, Trump has to wait in a courthouse holding room so he will be available should the jury come back with a question or to render its verdict. According to MSNBC, Trump asked the court that a TV set be put in the holding room, and Judge Merchan agreed. How many criminal defendants do you suppose get TVs installed so they're not too bored waiting for the jury to come back? And Trump complains every day about how bent the judge is.]

~~~ Links to courtroom proceedings in the Trump criminal case, up through May 28, are here. Links to evidence are here. All via the New York courts system.

~~~~~~~~~~

Michael Sisak, et al., of the AP: "The jury in Donald Trump's hush money trial ended its first day of deliberations without a verdict Wednesday but asked to rehear testimony from key witnesses about the alleged hush money scheme at the heart of the history-making case. The 12-person jury was sent home around 4 p.m. after about 4 1/2 hours of deliberations. The process is to resume Thursday, when jurors are expected to rehear the requested testimony and at least part of the judge's legal instructions meant to guide them on the law." This is an update of a story linked yesterday. The New York Times story is here. ~~~

~~~ New York Times: reporters liveblogged Wednesday's proceedings in Donald Trump's 2016 election interference case. For details, see yesterday's Conversation.

Dana Milbank of the Washington Post: "Donald Trump's lawyers ended their defense of the former president in a way uniquely suited to their client: with a ludicrous and easily debunked lie.... Trump lawyer Todd Blanche told the jury that the revelation of the 'Access Hollywood' tapes -- Trump's 'grab 'em by the p---y' moment, which set off the fateful effort to buy Stormy Daniels's silence -- was not the earthshaking event we all remember it being for the 2016 Trump campaign. Rather, Blanche said, it was just one of those things 'that happens all the time in campaigns.'... Blanche was also suggesting that Trump's own former White House assistant, Madeleine Westerhout, perjured herself in the trial when she testified about conversations at the Republican National Committee, where she then worked, about replacing Trump on the ticket." Read on. (Also linked yesterday.) ~~~

     ~~~ Milbank doesn't say so, but Trump fan-girl Hope Hicks also testified during the trial that the Access Hollywood tape put the campaign in crisis mode, and that the story knocked a Cat 4 hurricane off the top of the news. Prosecutor Joshua Steinglass emphasized this in his closing. AND Jonah Bromwich wrote in yesterday's NYT liveblog: "Joshua Steinglass is showing the jurors video clips of Trump himself acknowledging that the 'Access Hollywood' tape and its aftermath could swing a very tight election. 'If 5 percent of the people think it's true, and maybe 10 percent,' Trump says in one clip, 'we don't win.'"

Tom Boggioni of the Raw Story: "Donald Trump's chief spokesman has lashed out at new revelations about Donald Trump's actions at the celebrity golf tournament he participated in where he met up with adult film star Stormy Daniels and had a brief sexual fling that has come back to haunt him. In an interview with the Daily Beast's Roger Sollenberger, a celebrity athlete who wished to remain anonymous described the former president boasting about having sex with the porn star the following day.... 'It was clear to me and everyone who heard him that he was talking about Stormy,' [the athlete] said and claimed that Trump 'encouraged other celebs to try to have sex with Daniels,' comments he called, 'crass,' 'gross,' and 'stupid.' 'He'd say all these things like, "You've gotta bang a porn star, it's incredible," and, "It added 20 yards to my drive today,"' he recalled."

** Recusal Refusal. "My Wife Is Fond of Flying Flags." Adam Liptak of the New York Times: "Justice Samuel A. Alito Jr. declined on Wednesday to recuse himself from two cases arising from the Jan. 6, 2021, attack on the Capitol after reports that flags displayed outside his houses appeared to support the 'Stop the Steal' movement. Justice Alito said in letters to Democratic members of Congress who had demanded his recusal that the flags, at his home in Virginia and a beach house in New Jersey, were flown by his wife, Martha-Ann. 'My wife is fond of flying flags,' the justice wrote. 'I am not. She was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years.'... Their beach house, on Long Beach Island in New Jersey, he wrote, was Mrs. Alito's property....

"'I had nothing whatsoever to do with the flying of the flag,' he wrote. 'I was not even aware of the upside-down flag until it was called to my attention. As soon as I saw it, I asked my wife to take it down, but for several days, she refused.' He said he had been powerless to remove the flag. 'My wife and I own our Virginia home jointly,' the justice wrote. 'She therefore has the legal right to use the property as she sees fit, and there were no additional steps that I could have taken to have the flag taken down more promptly.' Notably, Justice Alito's letter did not dispute that the upside-down flag conveyed support for the 'Stop the Steal' movement." Politico's story is here. (Also linked yesterday.)

Here are Alito's letters, via Politico. (Also linked yesterday.)

     ~~~ Marie: Do you think the reason Sam-I-Am wrote Dobbs -- which robs millions of American women of bodily autonomy -- is that he couldn't get his own wife to behave in a manner appropriate to the spouse of a federal judge? Or, as both Dahlia Lithwick & Melissa Murray posited on MSNBC, it was so maddening for Alito & Thomas to curb the rights of all American women while insisting that they own wives were independent feminists? ~~~

~~~ ** "No Man Can Be a Judge in His Own Cause." Rep. Jamie Raskin (D-Md.) in a New York Times op-ed: :Justices Alito and Thomas face a groundswell of appeals beseeching them not to participate in Trump v. United States, the case that will decide whether Mr. Trump enjoys absolute immunity from criminal prosecution, and Fischer v. United States, which will decide whether Jan. 6 insurrectionists -- and Mr. Trump -- can be charged under a statute that criminalizes 'corruptly' obstructing an official proceeding.... Everyone assumes that nothing can be done about the recusal situation because the highest court in the land has the lowest ethical standards -- no binding ethics code or process outside of personal reflection.... [BUT] The U.S. Department of Justice ... can petition the other seven justices to require Justices Alito and Thomas to recuse themselves not as a matter of grace but as a matter of law. The Justice Department and Attorney General Merrick Garland can invoke two powerful textual authorities for this motion: the Constitution of the United States, specifically the due process clause, and the federal statute mandating judicial disqualification for questionable impartiality, 28 U.S.C. Section 455.... This recusal statute, if triggered, is ... binding on the justices, just as the due process clause is." Read on. ~~~

     ~~~ Marie: Raskin's solution is similar to what I suggested -- in much more rudimentary form -- a week ago when I heard Sen. Sheldon Whitehouse say on the teevee that there was a statute requiring justices to disqualify themselves when a case before the court presented an appearance of partiality or conflict of interest. The difference is that Raskin knows what he's talking about and I don't. Oh, and Raskin provides lots of case law to back up his solution. ~~~

~~~ Ruth Marcus of the Washington Post: In his letters to Congress, Sam "Alito wrapped himself in an unconvincing blend of faux feminism and free speech, with an Alito-esque helping of victimhood. That is one weird marriage. A Washington marriage -- that is, a marriage involving one or more people in positions of authority or prominence -- is about respectful accommodation of competing needs in the public spotlight.... [In a letter to members of Congress, Sam Alito wrote,] 'I was not even aware of the upside-down flag until it was called to my attention. As soon as I saw it, I asked my wife to take it down, but for several days, she refused.'... His first few renditions of the incident had the flag flying 'briefly' (the statement provided to the New York Times) and 'for a short time' (his statement to Fox News host Shannon Bream.) As The Post reported, and Alito now acknowledges, it flew 'for several days.' In what world is that 'briefly'?... Why, exactly, did he think the flag was a problem?... If he was alarmed then, why doesn't the public have every reason to be alarmed now?"

Congratulations to United States Supreme Court Justice Samuel Alito for showing the INTELLIGENCE, COURAGE, and 'GUTS' to refuse stepping aside from making a decision on anything January 6th related. -- Donald Trump, in a social media post ~~~

~~~ Meredith McGraw & Josh Gerstein of Politico: "Donald Trump praised Supreme Court Justice Samuel Alito for rejecting calls to recuse himself from two pending cases involving the former president or January 6 attack on the Capitol after the conservative justice faced criticism over flags his wife flew over their private residences that called into question judicial ethics.... Trump continued to applaud Alito as 'great' on The Dan Bongino show later on Wednesday and suggested that recent stories about controversial flags were efforts by critics to 'play the ref.'" ~~~

     ~~~ Marie: One interesting thing about Alito's letter to Dick Durbin & Sheldon Whitehouse is this: McGraw & Gerstein: "Democratic Sens. Sheldon Whitehouse of Rhode Island and Dick Durbin of Illinois last week wrote a letter to Chief Justice John Roberts questioning whether Alito could remain impartial in the upcoming cases and accusing him of engaging in political activity." What's wrong with this picture? The Senators wrote to Roberts. Roberts let Alito respond. Roberts seems to have completely abdicated his job as Chief Justice. The inmates are running the Roberts Asylum.

Presidential Race. Gloves Off. Nicholas Nehamas & Maya King of the New York Times: "Speaking alongside Vice President Kamala Harris at a rally in Philadelphia, [President] Biden pressed home a series of arguments about why Black voters should choose him over Mr. Trump, who has been trying to court Americans of color. 'This is the same guy who wanted to tear-gas you as you peacefully protested George Floyd's murder,' Mr. Biden told the predominantly Black crowd.... 'The same guy who still calls the Central Park Five guilty even though they were exonerated. He's that landlord who denies housing applications because of the color of your skin.' Invoking the Capitol attack on Jan. 6, 2021, and nodding to Mr. Trump's remarks about pardoning the rioters, Mr. Biden said: 'What do you think would have happened if Black Americans had stormed the Capitol? I don't think he'd be talking about pardons.'" ~~~

     ~~~ Maya Ward of Politico: Also, "He's that guy who won't say Black lives matter and invokes neo-Nazi, Third Reich terms. We all remember, Trump is the same guy who unleashed the birtherism lie against Barack."

digby on some of Republicans' anti-democracy schemes: "With all the violence and vandalism on January 6th it's easy to forget that Trump and his henchmen's real game plan was to send the election to the House and let them decide the winner as the constitution anticipated would happen in case of a tie.... Had they persuaded Pence to twist the constitutional process for a tie vote into a process for resolving (fake) competing slates of electoral votes and had the House taken it up, Trump would have won because votes are counted by state delegation and there are more Republican delegations than Democratic.... [Last week, the Texas Republican convention adopted a platform advocating for ] a system in which every county has exactly the same vote, whether the county has 20 people in it or 5 million.... In Missouri where their ballot system was allowing some progressive policies to be passed by a majority of citizens, they tried to change the law to require that ... [policies] have a majority in five of their eight congressional districts which gives rural GOP districts the upper hand. Arizona has proposed a similar initiative."

Chelsea Janes of the Washington Post: "Baseball history will change forever Wednesday. Major League Baseball plans to officially incorporate Negro Leagues statistics into its record book.... The move comes 3½ years after MLB said it would consider the Negro Leagues as major leagues, meaning all Negro leaguers would be considered major leaguers from that point forward. On Wednesday, the players from Negro Leagues in operation from 1920 to 1948 will be fully incorporated into MLB's statistical record. Just one example: When looking up the highest career batting averages in MLB's record book, the leader will be Josh Gibson, whose average of .372 in Negro Leagues play is higher than the .367 Ty Cobb posted to lead all MLB players." (Also linked yesterday.)

Shannon Osaka of the Washington Post: "There is one big thing holding the United States back from a pollution-free electricity grid running on wind, solar and battery power: not enough power lines. As developers rush to install wind farms and solar plants to power data centers, artificial intelligence systems and electric vehicles, the nation's sagging, out-of-date power lines are being overwhelmed -- slowing the transition to clean energy and the fight against climate change. But experts say that there is a remarkably simple fix: installing new wires on the high-voltage lines that already carry power hundreds of miles across the United States. Just upgrading those wires, new reports show, could double the amount of power that can flow through America's electricity grid."

~~~~~~~~~~

Florida. Andrew Atterbury of Politico: "The Florida Board of Education approved several tweaks Wednesday to the state's standards for teaching social studies, but left intact controversial pieces on Black history that sparked widespread backlash last year.... Florida's new teaching standards include the same language that scored national blowback last year for requiring middle school students to learn 'how slaves developed skills which, in some instances, could be applied for their personal benefit.'"

~~~~~~~~~~

Israel/Palestine, et al. CNN's live updates of developments Thursday in the Israel/Hamas war are here: "The Israeli military said it had established 'operational control' over the Philadelphi Corridor, a 14-kilometer (8.7-mile) buffer zone on the Egypt-Gaza border, risking a decades-old peace treaty. At least 66 people, including children, have been killed in safe zones across Gaza over four days, according to Save the Children. Aid entering Gaza has dropped by 67% since May 7, the day after Israel began its assault on Rafah, according to a UN report. The war in Gaza will likely continue until at least the end of the year, an Israeli official warned, seemingly dismissing the idea that fighting would end after the military offensive in Rafah." ~~~

     ~~~ The New York Times' live updates for Thursday are here.

The Conversation -- May 29, 2024

** "My Wife Is Fond of Flying Flags." Adam Liptak of the New York Times: "Justice Samuel A. Alito Jr. declined on Wednesday to recuse himself from two cases arising from the Jan. 6, 2021, attack on the Capitol after reports that flags displayed outside his houses appeared to support the 'Stop the Steal' movement. Justice Alito said in letters to Democratic members of Congress who had demanded his recusal that the flags, at his home in Virginia and a beach house in New Jersey were flown by his wife, Martha-Ann. 'My wife is fond of flying flags,' the justice wrote. 'I am not. She was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years.'... Their beach house, on Long Beach Island in New Jersey, he wrote, was Mrs. Alito's property....

"'I had nothing whatsoever to do with the flying of the flag,' he wrote. 'I was not even aware of the upside-down flag until it was called to my attention. As soon as I saw it, I asked my wife to take it down, but for several days, she refused.' He said he had been powerless to remove the flag. 'My wife and I own our Virginia home jointly,' the justice wrote. 'She therefore has the legal right to use the property as she sees fit, and there were no additional steps that I could have taken to have the flag taken down more promptly.' Notably, Justice Alito's letter did not dispute that the upside-down flag conveyed support for the 'Stop the Steal' movement." Politico's story is here.

Here are Alito's letters, via Politico.

     ~~~ Marie: Do you think the reason Sam-I-Am wrote Dobbs -- which robs millions of American women of bodily autonomy -- is that he couldn't get his own wife to behave in a manner appropriate to the spouse of a federal judge? Or, as both Dahlia Lithwick & Melissa Murray posited on MSNBC, it was so maddening for Alito & Thomas to curb the rights of all American women while insisting that they own wives were independent feminists?

Dana Milbank of the Washington Post: "Donald Trump's lawyers ended their defense of the former president in a way uniquely suited to their client: with a ludicrous and easily debunked lie.... Trump lawyer Todd Blanche told the jury that the revelation of the 'Access Hollywood' tapes -- Trump's 'grab 'em by the p---y' moment, which set off the fateful effort to buy Stormy Daniels's silence -- was not the earthshaking event we all remember it being for the 2016 Trump campaign. Rather, Blanche said, it was just one of those things 'that happens all the time in campaigns.'... Blanche was also suggesting that Trump's own former White House assistant, Madeleine Westerhout, perjured herself in the trial when she testified about conversations at the Republican National Committee, where she then worked, about replacing Trump on the ticket." Read on. ~~~

     ~~~ Milbank doesn't say so, but Trump fan-girl Hope Hicks also testified during the trial that the Access Hollywood tape put the campaign in crisis mode, and that the story knocked a Cat 4 hurricane off the top of the news. Prosecutor Joshua Steinglass emphasized this in his closing. AND Jonah Bromwich wrote in yesterday's NYT liveblog: "Joshua Steinglass is showing the jurors video clips of Trump himself acknowledging that the 'Access Hollywood' tape and its aftermath could swing a very tight election. 'If 5 percent of the people think it's true, and maybe 10 percent,' Trump says in one clip, 'we don't win.'"

Chelsea Janes of the Washington Post: "Baseball history will change forever Wednesday. Major League Baseball plans to officially incorporate Negro Leagues statistics into its record book.... The move comes 3½ years after MLB said it would consider the Negro Leagues as major leagues, meaning all Negro leaguers would be considered major leaguers from that point forward. On Wednesday, the players from Negro Leagues in operation from 1920 to 1948 will be fully incorporated into MLB's statistical record. Just one example: When looking up the highest career batting averages in MLB's record book, the leader will be Josh Gibson, whose average of .372 in Negro Leagues play is higher than the .367 Ty Cobb posted to lead all MLB players."

Michael Sisak, et al., of the AP: "Jurors in Donald Trump's hush money trial are expected to begin deliberations Wednesday after receiving instructions from the judge on the law and the factors they may consider as they strive to reach a verdict.... Jurors will have the option of convicting Trump of all counts, acquitting him of all counts, or delivering a mixed verdict in which he is found guilty of some charges and not others. If they deadlock after several days of deliberations and are unable to reach a unanimous verdict, Judge Juan M. Merchan may declare a mistrial." The story also covers some of the highlights of closing arguments Tuesday. ~~~

     ~~~ This story, linked earlier today has been updated. New Lede: "Jury deliberations began Wednesday in Donald Trump's hush money trial, putting the outcome of the historic case in the hands of a dozen New Yorkers who have vowed to be fair and impartial in the face of their unprecedented task." ~~~

~~~ Ben Protess & Jonah Bromwich of the New York Times: "The judge in the case, Juan M. Merchan, issued instructions to the jurors that serve as something of a guide to applying the law to the case. One challenge for the jury is the unusual layering of charges: The charges against Mr. Trump are felonies because prosecutors say he falsified the records to cover up another crime. Here's a look at the instructions." This is the pinned item in a liveblog. Here are some details:

Bromwich: "The judge greets the jurors and immediately begins reading them his instructions. He tells them the instructions will take at least an hour to get through....

"Justice Merchan explains the concept of 'falsus in uno,' an important concept for the defense, which tried to convince the jury that Michael Cohen's testimony was not credible. The concept says that jurors can disregard a witness's entire testimony if they find he has intentionally testified falsely to any material fact. Or, they can disregard the parts they find to be untruthful, and accept those they find truthful and accurate.... Justice Merchan says that there's no formula for evaluating someone's truthfulness, and that a person brings to the process all their varied experiences.... He tells the jurors to use the same factors they draw on outside of court when evaluating testimony in the case....

"Justice Merchan explains that the law considers Michael Cohen an accomplice 'because there is evidence that he participated in a crime based upon conduct involved in the allegations here against the defendant.' He tells the jurors that 'even if you find the testimony of Michael Cohen to be believable, you may not convict the defendant solely upon that testimony, unless you also find that it was corroborated by other evidence' connecting Trump with the crime....

"Justice Merchan explains the concept of intent. He tells the jurors that they can consider Trump's conduct 'and all of the circumstances surrounding that conduct,' including what he said, what actions followed from his conduct, and whether those actions were the 'the natural, necessary and probable consequence of that conduct.' In other words, intent can be inferred from a person's actions and the effects of those actions....

"The judge has now arrived at the reason prosecutors charged Trump with falsifying business records as a felony: Because, they say, he covered up a second crime, violating the state election law that forbids a conspiracy to aid a person's election by unlawful means.... Justice Merchan just reminded us that the prosecution won a major argument last week, when they argued that the jurors did not have to agree unanimously on the 'unlawful means' they might determine that Trump used in the election conspiracy that prosecutors allege took place.... Justice Merchan is now explaining to the jurors what I've taken to thinking of as the 'false records sandwich' prosecution theory. Under this theory, jurors could find that Trump falsified records ... to hide an election conspiracy that used the unlawful means ... of other falsified records....

"Having explained the law in abstract, the judge now illustrates how it applies to the charges in question. He says that, to find Trump guilty of the first charge, jurors would have to find that Trump, personally or acting in concert with others, made or caused a false entry in business records, specifically an invoice from Michael Cohen dated Feb. 14, 2017.... They would also have to find that Trump caused that false record with intent to defraud -- that is, with the goal of keeping it secret -- and that he either intended to commit another crime or aid the commission of another crime....

"Justice Merchan doesn't provide such a complex spiel for every count -- but he explains which document each count pertains to.... Justice Merchan arrives at the 34th and last count, which relates to a check dated Dec. 5, 2017. Having concluded, he repeats the definition of falsifying business records, again giving the jurors the chance to process these complex charges, where each single count includes within it at least two other potential crimes....

"Justice Merchan is again explaining the potential 'unlawful means' that jurors could find that Trump or the other conspirators identified by prosecutors -- Michael Cohen and David Pecker, the former publisher of The National Enquirer -- used to aid Trump's election in 2016....

"Justice Merchan ... has moved on to motive -- and the difference between motive and intent.... He explains that while intent means 'conscious objective or purpose,' motive is 'the reason why a person chooses to engage in criminal conduct.' He reminds jurors that they must consider Trump's intent, but that the prosecution did not have to prove his motive....

"The criminal case against Donald J. Trump is with the jury, which will now begin its deliberations. It's 11:28 am."

Maggie Haberman: "Justice Merchan is now talking to the alternate jurors, whose seating assignments have been confusing to people trying to figure out which jurors had which seat assignments. The alternates are not being excused, Merchan says."

Bromwich: "If one of the 12 jurors is unable to continue deliberating for any purpose, an alternate steps in. They remain on site, so they can tag in if necessary."

Michael Gold: "Trump tells reporters in the hallway that, after listening to Justice Merchan's instructions to the jury, he believes 'Mother Teresa could not beat the charges.' He again calls the judge 'corrupt' and 'conflicted' and complains that he cannot fully back up his accusations about him because of the gag order that has been imposed on him, which does not in fact limit him from speaking about the judge.... He again complains that the trial has kept him from campaigning for weeks, though he has held a handful of rallies, public appearances and fund-raisers on days that court has not been in session.... He also rails against Robert De Niro, who held a news conference outside the courthouse with the Biden campaign yesterday. 'He's a broken-down fool,' Trump said. Then, noting that De Niro got heckled, he added that the actor 'got MAGAed yesterday. He got a big dose of it.'"

Bromwich: "The judge is back on the bench. He explains that the jurors sent a note, signed by the foreperson, at 2:56 p.m. The jurors have four requests.... Three of the requests relate to testimony from David Pecker.... One of them relates to testimony from Michael Cohen. The jurors want to hear both men's testimony about the Trump Tower meeting where Pecker testified that the two men reached that agreement with Trump himself. Perhaps they are seeking to compare their stories.... The jurors asked to hear two other portions of David Pecker's testimony. The first is about the phone call he testified he had with Trump during an investor meeting, in June 2016, during which Trump acknowledged that he knew Karen McDougal.... The second appears to pertain to Pecker's decision not to collect reimbursement from Trump for his hush-money deal with McDougal."

Bromwich: "The judge returns to the bench. He addresses the lawyers, saying that the jurors sent a second note at 3:51 p.m. The jurors have also asked to hear the judge's instructions again.... The jurors have returned, and the judge is reading the two notes they sent aloud to them as they sit in the jury box.... The judge gives the jurors the guidance he typically gives them before excusing them for the day -- saying they should not talk to others about the case or read about it, along with other orders.... he dismisses them."

Bromwich: "The judge ... asks the lawyers, 'Where do we stand?' Joshua Steinglass, a proseuctor, says that while they have 'made a lot of progress,' they will need the judge to help them sort out which portions of the transcript should be read back to the jury.... There is no disagreement on the jurors' first request, for testimony from David Pecker pertaining to a call he had with Trump in June 2016.... There is no disagreement on the second request, which pertains to David Pecker's testimony about financial arrangements related to the Karen McDougal hush-money deal....

"If I'm understanding correctly, prosecutors believe that the readback should also include the portion of Pecker's testimony in which he directed [Dylan] Howard to notify other employees of The National Enquirer that they should bring any stories about Trump to him. Pecker also testified that he told Howard that the Enquirer employees would have to speak to Michael Cohen about the arrangement.... he judge notes that there was also key testimony directly after that: in which Pecker told Howard to keep the arrangement secret. This could help prosecutors show that there was intent to defraud on the part of the conspirators, who they say include Trump.... The judge seemed to make a decision here, but it was difficult to follow.... Court has adjourned for the day. The judge did not determine exactly which portions of the transcript related to David Pecker's testimony would be read aloud. We'll find out tomorrow morning. Proceedings will begin at 9:30."

Haberman: "There's also no disagreement about the fourth request from the jurors, which involves testimony from Michael Cohen about an August 2015 meeting he had at Trump Tower with David Pecker and with Trump."

~~~~~~~~~~

Ben Protess, et al., of the New York Times: "For nearly three hours on Tuesday, Donald J. Trump's lawyer [Todd Blanche] did his level best to persuade the jury to acquit his client.... Then, throughout a marathon closing argument that nearly outlasted daylight, the prosecutor delivered a sweeping rebuke of the former president, seeking to persuade the jury of 12 New Yorkers that Mr. Trump had falsified records to cover up a sex scandal involving a porn star. The prosecutor, Joshua Steinglass, wove together witness testimony and documents to drive home the key points of the weekslong case, the first criminal trial of an American president. 'Everything Mr. Trump and his cohorts did in this case was cloaked in lies,' Mr. Steinglass said.... To persuade jurors, the prosecution and defense outlined dueling versions of the same underlying story: Mr. Trump's fixer, [Michael] Cohen, struck a hush-money deal with a porn star in the waning days of the 2016 presidential campaign. He did so to silence her story of a sexual encounter with Mr. Trump. Nearly everything else is in dispute." ~~~

~~~ Mark Berman of the Washington Post reports some key moments in the closing arguments. Here are the takeaways from CNN's Jeremy Herb & other CNN reporters. ~~~

~~~ Tuesday was a marathon day in the Manhattan trial of Donald Trump, alleged criminal, as the defense & prosecution delivered their lengthy closing arguments. New York Times reporters liveblogged the proceedings. See yesterday's Conversation for details. ~~~

~~~ Charles Davis of Salon: Donald Trump is upset because he's being treated more-or-less like other criminal defendants.

** Hannah Rabinowitz of CNN: "Federal Judge Aileen Cannon on Tuesday rejected special counsel Jack Smith's request for a gag order against Donald Trump in the classified documents case, saying that prosecutors' request was 'wholly lacking in substance and professional courtesy.' In a brief order, Cannon slammed prosecutors for not following the court's rules by failing to meaningfully confer with Trump's defense lawyers about a potential gag order before making the request.... Prosecutors can ask for a gag order again, Cannon said, once they give 'sufficient time' to Trump's defense team to read the motion and discuss it with prosecutors.... Trump's campaign... sent a fundraising email on Tuesday that claimed FBI agents were 'locked and loaded' and that he 'nearly escaped death' at Mar-a-Lago." (Also linked yesterday.) ~~~

     ~~~ Marie: Unbelievable. I gather from what Ken Dilanian said on MSNBC Tuesday morning that the "lack of professional courtesy" was that Smith's team filed the motion after Trump lawyers refused to meet with them because it was a holiday weekend -- and you know, maybe they had plans for a backyard BBQ. As for Cannon's determination the motion was "wholly lacking in substance," a former president*'s claim that the current POTUS* is trying to have him executed is mighty fucking substantial, IMO.

Tracey Tully & Benjamin Weiser of the New York Times: "... text exchanges, along with emails and recordings of voice mail messages and other exhibits, were part of hours of evidence that federal prosecutors presented on Tuesday, in the third week of [Sen. Robert] Menendez's corruption trial in Manhattan. Prosecutors used the volley of communications to begin to lay out an origin story of not only a romantic relationship but also what they claim was a burgeoning, five-year bribery conspiracy.... Much of Mr. Menendez's defense has hinged on blaming his wife. The senator's lawyers have said he had no key to his wife's locked closet where investigators found bars of gold and cash-stuffed envelopes. The couple maintained separate bank accounts and cellphone plans, and spent much of the week apart when he was in Washington." Some of the messages played in court Tuesday demonstrated that Nadine Menendez served as a conduit between the Senator & Wael Hana, an Egyptian businessman who also is charged.

My, My, She Looks Like Such a Sweet Old Lady. Jodi Kantor of the New York Times details the encounters between Martha-Ann Alito and the neighbors, leaving us with images like this: on Inauguration Day 2020, a young couple who had annoyed Mrs. Alito with anti-Trump yard signs, drove past the Alito house. "Mrs. Alito happened to be standing outside. According to interviews with [Emily] Baden and her husband, as well as messages they sent to friends at the time, Mrs. Alito ran toward their car and yelled something they did not understand. The couple continued driving, they said, and as they passed the Alito home again to exit the cul-de-sac, Mrs. Alito appeared to spit toward the vehicle.... On Feb. 15, the couple were pulling in trash bins when the Alitos, who seemed to be on a stroll, appeared. Mrs. Alito addressed the pair by name, used an expletive and called them 'fascists,' the couple told The Times and said in texts at the time." ~~~

     ~~~ Oh, and there's this. Husband Sam Alito's "explanations" of the contretemps don't match with the Badens' texts or with a police record of the Badens' futile call for help. For instance, Mrs. Alito could not have raised the upside-down flag in response to Emily Baden's calling her a cunt because that encounter didn't happen until after the upside-down flag appeared in the Alitos' front yard. And Baden didn't make that remark till after Mrs. Alito approached her in the Badens' front yard and called the Badens fascists.

Presidential Race

Jennifer Rubin of the Washington Post implores media to listen to Ken Burns' advice to Brandeis grads.

Ohio. Isabella Murray of ABC News: "The Democratic National Committee will move to conduct virtual proceedings to certify President Joe Biden and Vice President Kamala Harris as the Democratic Party nominees before Ohio's Aug. 7 ballot certification deadline, and before their in-person convention beginning Aug. 19, the party confirmed to ABC News on Tuesday.... The move came moments before the Ohio Senate convened on Tuesday for a special session to address Biden's ability to appear on the state's general election ballot in November -- which the GOP-led legislature has tied up with an effort related to campaign finance, something Democrats oppose. The bill passed in the Ohio Senate on Tuesday without any Democratic support." ~~~

~~~ Morgan Trau of the Ohio Capital Journal: "The [Ohio] House, which has been holding up the progress, said it will compromise with the Senate, but only if the 'anti-democratic' provisions are taken out of the bill."

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Texas Primary Races. Jim Vertuno of the AP: "Republican Rep. Tony Gonzales of Texas narrowly won his primary Tuesday against a gun-rights activist who pushed the border congressman into a bruising runoff that threatened to unseat a U.S. House incumbent. Another prominent Texas Republican, state House Speaker Dade Phelan, also edged out a challenger from the right who was backed by ... Donald Trump. Both won by razor-thin margins, reflecting the anger of hard-line conservatives and a wave of party turbulence in America's biggest red state...." ~~~

     ~~~ Here are Texas primary run-off results, via the New York Times.

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Haiti. David Adams of the New York Times: "An experienced international aid official, Garry Conille, was unanimously appointed prime minister of Haiti by a Presidential Transition Council on Tuesday, which tasked him with leading the country out of its current crisis until elections for a new president can be held. Mr. Conille will take on his new role just as a U.N.-backed security mission led by Kenyan police is scheduled to begin operations in the violence-torn Caribbean nation, which is battling to restore political stability and tackle armed gangs who control large parts of the capital, Port-au-Prince. Fluent in English, French and Creole, Mr. Conille's credentials include a 25-year career working for the United Nations and other aid agencies. He also briefly led Haiti as prime minister over a decade ago during another period of crisis following the devastating 2010 earthquake."

Israel/Palestine, et al.

CNN's live updates of developments Wednesday in the Israel/Hamas war are here: "US-made munitions were used in an Israeli strike that killed more than 45 people in Rafah, a CNN analysis of video from the scene and a review by weapons experts has found. President Joe Biden is not altering his policy toward Israel following the strike, and the attack did not cross a red line that would affect US support, the White House said. Israeli tanks have been seen in central Rafah for the first time, eyewitnesses told CNN, as Israel deepens its assault on the southern Gaza city despite mounting global condemnation. North of Rafah in the town of Al-Mawasi, an Israeli strike on a camp killed at least 21 people on Tuesday, Gaza's Ministry of Health said. The Israeli military denied striking a humanitarian area in the town." ~~~

     ~~~ The New York Times' live updates Wednesday are here.

Oren Liebermann & Natasha Bertrand of CNN: "The temporary pier constructed by the US military to transport aid into Gaza broke apart and sustained damage in heavy seas on Tuesday in a major blow to the American-led effort to create a maritime corridor for humanitarian supplies into the war-torn enclave, the Pentagon said. The pier was 'damaged and sections of the pier need rebuilding and repairing,' Pentagon deputy press secretary Sabrina Singh said on Tuesday. The pier will be removed from its location on the Gaza coast over the next 48 hours and taken to the Israeli port of Ashdod, where US Central Command will carry out repairs, Singh said. The repairs will take more than a week, further delaying the effort to get the maritime corridor fully operating."

U.N. Ambassador AND Bloodthirsty Warmonger. Robert Tait of the Guardian: "Nikki Haley, the failed Republican presidential nominee, signed Israeli artillery shells with the inscription 'Finish Them!' on a Memorial Day visit to Israel. The former South Carolina governor's graphic display of support came on a trip to Israel's northern border with Lebanon, where she was accompanied by Danny Danon, a former Israeli ambassador to the United Nations and a noted hawkish member of Benjamin Netanyahu's Likud party in the Knesset.... Talking to reporters, Haley was unapologetic, criticising Joe Biden's administration for temporarily withholding weapons as a means of discouraging an Israeli attack on the southern Gaza city of Rafah, and aiming barbs at the international criminal court (ICC) -- which is seeking Netanyahu's arrest -- and the international court of justice (ICJ), which is considering charges of genocide against Israel." Thanks to RAS for the lead.