The Conversation -- April 16, 2024
It's Day 2 at the Trump Sleepy Time Day Care Center in lower Manhattan, and New York Times reporters are here to keep us abreast of developments:
Kate Christobek: "Jury selection is off to a slow start this morning. One of the prospective jurors who was next to answer questions was experiencing flu-like symptoms and was sent home. Two other jurors, who answered questions yesterday, are running late. Justice Merchan has decided to proceed without them for now but will keep them in the larger jury pool."
Jonah Bromwich: "Prosecutors have now filed court documents claiming that Trump violated the gag order barring him from attacking witnesses. They are asking that he be fined $1,000 for each violation, so $3,000 in all. It will be some time before the motion is decided."
Maggie Haberman: "We have reached a new part of the process, called voir dire. The lawyers for the defense and the prosecution will begin to ask questions of prospective jurors."
Bromwich: "This will be the first time the trial lawyers directly address the prospective jurors. It's their moment to make a first impression. Joshua Steinglass, a prosecutor, is doing his best right now, asking prospective jurors to 'resist the urge to flee the courtroom' and give the most honest answers they can."
Bromwich: "And Justice Merchan is now scolding [Trump attorney Todd] Blanche [-- who questioned a prospective juror whose 2020 Facebook post suggested she was happy to see Trump lose the election --] because Trump was muttering. 'I won't tolerate that,' Merchan says, raising his voice. 'I will not have any jurors intimidated in this courtroom.' Blanche responds 'Yes, your honor,' quietly, when he is asked to speak to Trump." ~~~
~~~ Bromwich: "Justice Merchan says he doesn't 'want a juror on this panel who lies to us.' But he says that the Facebook posts are not offensive, and that he found the prospective juror credible. He is not allowing the defense to dismiss her for cause. Trump squints up at Justice Merchan incredulously as the judge reads the relevant case law."
Bromwich: "As the lawyers discuss yet another prospective juror, who posted a meme about Trump captioned, 'I don't think this is what they meant by 'Orange Is the New Black,' Trump himself appears to be studying the meme on a printed-out sheet of paper. He does not look amused at all."
Bromwich: "After that round of questioning, the first three jurors have been selected. And just like that, we are a quarter of the way to a full panel." [MB: Really? Don't they need to select alternates?]
Bromwich: "After a few more peremptory challenges -- which the judge cannot deny -- we have three more jurors, bringing us to six in all."
Bromwich: "We have a seventh juror, a lawyer and civil litigator who in his spare time likes to spend time outdoors and with his two children. That may be it for the day."
Marianna Sotomayor & Leigh Ann Caldwell of the Washington Post: "Two far-right members are now threatening to oust House Speaker Mike Johnson just as the embattled Republican leader has introduced a complex plan intended to fund key foreign allies during wartime. Johnson (La.) introduced a four-part proposal Monday night to decouple aid for Israel, which faced a barrage of missiles and drone threats from Iran over the weekend, and help for Ukraine in its fight against Russia, along with two other measures. But his right flank is also vowing to sink a procedural vote allowing any of the measures to be considered on the floor. During a weekly Republican meeting Tuesday morning, Rep. Thomas Massie (R-Ky.) stood up and called on Johnson to resign after signing on to Rep. Marjorie Taylor Greene's (R-Ga.) plan to depose him, known as a motion to vacate. That means that if Democrats choose not to rescue Johnson, Republicans would need just a simple majority to oust their second speaker in six months...."
** Thom Hartmann on Republicans' weird antipathy to relieving student debt: "Forgiving student debt is ... righting a moral wrong inflicted on millions of Americans by Ronald Reagan and his morbidly rich Republican buddies. Student debt is evil. It's a crime against our nation, hobbling opportunity and weakening our intellectual infrastructure. It maintains and in many cases rigidifies the racial and class caste systems today's Americans inherited from our eras of slavery and indenture. Combine this decision with the six Republicans on the Court ending affirmative action and legalizing discrimination and it's clear this is exactly what the rightwing billionaires who put them on the Court and support their lavish vacations and lifestyles want." Thanks to Akhilleus for the link. See also his commentary below.
Jamelle Bouie of the New York Times: "The states' rights case for determining abortion access -- let the people decide -- falters on the fact that in many states, the people cannot shape their legislature to their liking. Packed and split into districts designed to preserve Republican control, voters cannot actually dislodge anti-abortion Republican lawmakers."
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Zach Montague of the New York Times: "President Biden and Jill Biden, the first lady, reported earning roughly $620,000 in 2023, releasing their joint tax return for the third straight year of Mr. Biden's presidency and the 26th time throughout his political career. The couple's tax return, released on Monday evening by the White House, showed that Mr. Biden and Dr. Biden paid just over $181,000 in state and federal taxes, with an effective federal income tax rate of nearly 24 percent. Their federal gross income in 2023 was nearly 7 percent higher than the $580,000 they reported in 2022, largely a result of increased taxable interest income this year stemming from higher interest rates. The bulk of their income came from the $400,000 salary that Mr. Biden earned as president, and Dr. Biden's salary of $85,985 from Northern Virginia Community College, where she is an English professor....
"In releasing his tax return this year, Mr. Biden once again sought to contrast himself with ... Donald J. Trump, who resisted releasing his returns throughout his tenure as president. Mr. Trump's returns were made public at the end of 2022 by the House Ways and Means Committee after a protracted legal battle. They showed that he paid a total of $1.1 million in federal income taxes during the first three years of his presidency, but paid no tax in 2020. The New York Times obtained tax documents of Mr. Trump's in 2020, which revealed that he paid just $750 in federal income taxes the year he won the presidency and again during his first year as president. They also showed that Mr. Trump had paid no income tax in 10 separate years because of tax write-offs and large business losses he declared." ~~~
~~~ Fritz Farrow of ABC News: "The White House on Monday released the 2023 tax returns for President Joe Biden, Vice President Kamala Harris and their spouses.... Vice President Kamala Harris and second gentleman Doug Emhoff reported a combined federal adjusted gross income of $450,299 in their 2023 tax filings and they paid $88,570 in federal income tax, in line with the previous year." ~~~
~~~ The Bidens' 2023 return is here, via the White House. Emhoff & Harris' return is here. A White House statement on the release of the returns is here.
Catie Edmondson, et al., of the New York Times: "Speaker Mike Johnson on Monday said he planned this week to advance a long-stalled national security spending package to aid Israel, Ukraine and other American allies, along with a separate bill aimed at mollifying conservatives who have been vehemently opposed to backing Kyiv. Mr. Johnson's announcement, coming after he has agonized for weeks over whether and how to advance an infusion of critical aid to Ukraine amid stiff Republican resistance, was the first concrete indication that he had settled on a path forward. It came days after Iran launched a large aerial attack on Israel, amplifying calls for Congress to move quickly to approve the pending aid bill." ~~~
~~~ Marie: It seems Mikey just may have a decent bone in his body. It's a tiny bone, he took a long time searching for it, but Ezekiel connected dem bones, dem bones dem dry bones. Oh, hear the word of the Lord. ~~~
Devlin Barrett, et al., of the Washington Post: "The opening day of Donald Trump's criminal trial delved deep into his tabloid-fodder sex life, as lawyers and the judge debated how many salacious details jurors should eventually hear as they decide whether he broke the law to cover up hush money payments.... The dry rituals of court only made the proceedings more surreal, as New York Supreme Court Justice Juan Merchan warned Trump he could be removed or sent to jail if he disrupted the trial or failed to appear, and prosecutors said they would seek to hold Trump in contempt even before a single potential juror had been questioned. Trump ... was openly contemptuous of the trial when he spoke to reporters at the end of the day in the courthouse hallway. 'We are not going to be given a fair trial,' he said, calling the prosecution 'a scam.'" Here's an NBC News story.
The New York Times' live updates of developments Monday in Trump's 2016 election interference trial are here. I copied down some of them for yesterday's thread.
I JUST STORMED OUT OF BIDEN’S KANGAROO COURT!... What I've been FORCED to endure would make any patriotic American SICK. -- Donald Trump, toward the end of Day 1 of his first criminal trial ~~~
He did not storm out (he was still in the courtroom when the message went out); it is not "Biden's court" by any stretch of the imagination (it is county court}; it is not a "kangaroo court" (Michael Cohen has already been to federal prison for participating in the same crime); what Trump was "forced to endure" is merely less restrictive than what most criminal defendants bring upon themselves. -- Marie
Kyle Cheney of Politico: Trump complained that Justice Merchan was disinclined to let him gallivant off to more fun venues during the trial. "'He won't allow me to leave here for a half a day to go to D.C. and go before the United States Supreme Court, because he thinks he's superior,' Trump told reporters outside the courtroom." MB: Well, Donaldo, the judge overseeing a trial of a criminal defendant temporarily out on bail would hold a position "superior" to the defendant's for the purposes of the trial. The fact that the criminal defendant was previously fired from a high-ranking job is immaterial. BTW, the last time the Supremes held a hearing on one of Trump's shaky appeals, Trump could not be bothered to attend.
Jesse McKinley of the New York Times: "The beginning of the first criminal trial of a former American president drew intense security, loud demonstrations and smothering media coverage to a dingy Lower Manhattan courthouse that will be the unlikely center of American politics for the next six weeks.... The day's jury selection did not actually begin until midafternoon, but cable news was on the air before dawn."
Nap Time for Donnie. Maggie Haberman of the New York Times: "Even as a judge was hearing arguments on last-minute issues in a criminal case that centers on salacious allegations and threatens to upend his bid for the presidency, Mr. Trump appeared to nod off a few times, his mouth going slack and his head drooping onto his chest. The former president's lead lawyer, Todd Blanche, passed him notes for several minutes before Mr. Trump appeared to jolt awake and notice them." The Guardian's story is here.
No, the system did not hold during Donald Trump's first presidency*. Donald Trump & Bill Barr broke it to make sure Trump could not be charged for the crime(s) he committed in squelching Stormy Daniels right before the 2016 election. You've read all this before, but it's a stark reminder and an obvious omen of things to come should Trump be re-elected:
Kevin Breuninger of CNBC: "The share price of Trump Media closed trading down more than 18% on Monday after the company disclosed plans that would allow existing investors to exercise stock warrants. DJT shares closed at $26.61. Trump Media, which created the Truth Social app and trades on the Nasdaq, fell nearly 20% last week.... Since it began public trading on March 26, Trump Media's share price has fallen more than 62%, from an opening price of $70.90 that day down to around $27 on Monday. As a result, its market capitalization has been slashed by nearly $6 billion, leaving it at around $3.7 billion as of Monday."
Presidential Race
Maine to Join National Popular Vote Compact. Miranda Nazzaro of the Hill: "Maine will become the latest state to join an interstate effort to elect the nation's president by a popular vote, Gov. Janet Mills (D) announced Monday. Mills said she will allow the legislation to become law without her signature, paving the way for Maine to join the National Popular Vote Interstate Compact, a proposal aimed at guaranteeing the presidency to the candidate who receives the most popular votes in all 50 states and the District of Columbia. Under the proposal, each state would give all its electoral votes to the candidate who wins the national popular vote for president, no matter how the individual states voted in an election. The compact, however, is on hold and will not come into play for this November's election, The Associated Press (AP) reported. The proposal must receive state pledges that equal at least 270 electoral votes, the number needed to elect a president, Mills said. Sixteen states and Washington, D.C., have already joined the compact, and with the addition of Maine, the law has 209 electoral votes so far, the governor added." ~~~
~~~ Marie: I have bad news for all the well-meaning people who think this compact is a good idea. Should the results of the popular vote differ from those of the Electoral College results and one or more states decided to abide by the contract and change their electors to those who supported the candidate who won the popular vote, who do you think would decide who won the presidency? Yes, you got that right: the Clarence Thomas Court.
Donald Trump Has Been Asking, "Are You Better Off Than You Were Four Years Ago?" Let's Check. Top News in the NYT, April 16, 2020. Nicholas Kristof: "Thousands of Americans would be alive today if President Trump had spent more time listening to the World Health Organization instead of trying to destroy it."
The Pro-Corruption Supremes Promote More Corruption. Adam Liptak of the New York Times: "The Supreme Court seemed ready on Monday to limit the reach of a federal statute that makes it a crime for state and local officials, along with institutions that receive federal money, to accept gifts and payments meant to influence or reward their actions. In a lively argument..., a majority of the justices seemed persuaded that the government's interpretation of the law was too broad. Before the argument, Chief Justice John G. Roberts Jr. announced that Justice Clarence Thomas would be absent but would participate in the case by reading the briefs and the transcript of the argument. The chief justice did not say why."
We should not forget this: "In 2020, the court unanimously overturned the convictions of two defendants in the so-called Bridgegate scandal, in which associates of Chris Christie, a Republican who was the governor of New Jersey, closed access lanes to the George Washington Bridge in 2013 to punish one of the governor's political opponents. That was an abuse of power, the court ruled, but not a federal crime."
And this: "Similarly, the court in 2016 unanimously overturned the conviction of Bob McDonnell, a former governor of Virginia. Mr. McDonnell, a Republican, had accepted luxury products, loans and vacations from a business executive."
Nina Totenberg & Elissa Harwood of NPR: "The U.S. Supreme Court on Monday granted Idaho's emergency request to temporarily revive a state law banning gender-affirming care for children under the age of 18. The law, which makes it a felony for doctors to medically treat gender dysphoria in minors, will now go into effect except in the case of two anonymous plaintiffs who have until now been treated with hormones and may continue to receive treatment. In the Idaho case, the state was not asking the court to address transgender rights head-on. Instead, the state asked the justices to consider whether the scope of the lower court's order blocking the law was appropriate. Idaho argued that the district court judge only had authority to stop the law from applying to the two plaintiffs in the lawsuit, not to prevent its enforcement throughout the state." MB: Yeah, I figure nobody knows better how to care for young patients than a bunch of yahoo legislators unless it's the brilliant doctors on the Supreme Court who don't know squat about a few kids in Idaho but may have some Spanish Inquisition luminaries as their guides.
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Israel/Palestine, et al. The Washington Post's live updates of developments Tuesday in the Israel/Hamas war are here: "As Israel weighs its response to Iran's unprecedented attack, Israel Defense Forces Chief of Staff Herzi Halevi said 'Iran will face the consequences for its actions,' without providing further details. The Biden administration said the United States would not participate in any Israeli reprisal, while world leaders urged Israel to exercise restraint.... Israel's war cabinet reconvened Monday to discuss its response to the Iranian attack, government spokesman David Mencer said, adding that 'Israel retains all its options.' Halevi said Israel was closely assessing the situation and 'will choose our response accordingly.' [U.S.] National Security Council spokesman John Kirby described speculation that Iran's attack was meant to fail as 'categorically false' and 'malarkey,' in a White House news briefing. 'This attack failed because it was defeated by Israel [and] the United States,' Kirby said. He also denied that Iran had given Israel or the United States advance warning of its attack." ~~~
~~~ The New York Times' live updates for Tuesday are here. CNN's live updates are here.
Ukraine, et al. AP: "President Joe Biden urged the U.S. House to immediately take up Senate-passed supplemental funding for Ukraine and Israel on Monday as he hosted Czech Prime Minister Petr Fiala in the Oval Office. The visit came as Biden aimed to highlight the efforts other nations are making to support Ukraine. It followed the Czech government's announcement that it is sending 1 million rounds of artillery ammunition to Ukraine, which Kyiv says is badly needed on the battlefield against Russia's invasion."