The Conversation -- April 5, 2024
Dana Milbank of the Washington Post: "Trump Media is sounding more and more like the Trump presidency.... Not for the first time, Trump has played his supporters for suckers.... In a sense, what he did with Trump Media was just a variation on what he does to his supporters every day, whether convincing them to buy Trump-endorsed Bibles and sneakers, or selling them on election lies and white nationalism.... At the heart of [his Green Bay, Wisconsin, rally] speech was his original swindle, and still his go-to scam: convincing his supporters that their lives were being destroyed by dark-skinned invaders. It was the story of how 'Crooked Joe and his migrant armies of dangerous criminals' are producing a 'bloodbath' among innocent, native-born Americans. It's not the least bit true."
Jennifer Rubin of the Washington Post: "Trump's assault on our democracy must be viewed not 'merely' as legal infractions; the response must come not only from judges. Reducing all of Trump's reprehensible offenses to legalities also gives Republicans an excuse to avoid condemning his behavior.... Meanwhile, the media, elected leaders and voters should not ignore that Trump's conduct need not be illegal to be disqualifying."
Michelle Price of the AP: "As Donald Trump seeks the presidency for a third time, he is being vigorously opposed by a vocal contingent of former officials who are stridently warning against his return to power and offering dire predictions for the country and the rule of law if his campaign succeeds. It's a striking chorus of detractors, one without precedent in the modern era, coming from those who witnessed first-hand his conduct in office and the turmoil that followed.... Former Defense Secretary Mark Esper has called him a 'threat to democracy.' Former national security adviser John Bolton has declared him 'unfit to be president.' And former Vice President Mike Pence has declined to endorse him, citing 'profound differences.'... Yet the critics remain a distinct minority. Republican lawmakers and officials across the party have endorsed Trump's bid...."
Peter Baker of the New York Times: "President Biden threatened on Thursday to condition future support for Israel on how it addresses his concerns about civilian casualties and the humanitarian crisis in Gaza, prompting Israel to commit to permitting more food and other supplies into the besieged enclave in hopes of placating him. During a tense 30-minute call with Prime Minister Benjamin Netanyahu of Israel, Mr. Biden for the first time leveraged U.S. aid to influence the conduct of the war against Hamas that has inflamed many Americans and others around the world. The announcement of additional aid routes hours later met some but not all of Mr. Biden's demands.... But while the president repeated his call for a negotiated deal that would result in an 'immediate cease-fire' and the release of hostages taken by Hamas, White House officials stopped short of saying directly that he might limit U.S. arms supplies if not satisfied."
Frances Vinall of the Washington Post: "McDonald's is buying the franchise that sparked global boycotts by offering free meals to Israeli forces shortly after the start of the Israel-Gaza war, taking ownership of its 225 stores. Alonyal, a McDonald's franchise operating in Israel that is owned by Omri Padan, began offering free meals to troops early in the war, a move the U.S.-based umbrella company said was independent of the wider brand.... McDonald's is among the brands that have been targeted in a boycott movement aimed at protesting Israel's conduct in Gaza, in addition to companies such as Starbucks -- which was criticized for taking its union to court over a social media post related to the war -- and Disney, which plans to debut an Israeli superhero in an upcoming Marvel film."
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The Trials of Trump & the Trump Mob
First Read This Report. Devlin Barrett & Perry Stein of the Washington Post: "U.S. District Court Judge Aileen M. Cannon on Thursday rejected Donald Trump's bid to have his charges of mishandling classified documents dismissed on the grounds that a federal records law protected him from prosecution. The judge also defended her handling of the issue.... On Thursday, Cannon shot down [Trump's] argument, saying the [Presidential Records Act] 'does not provide a pre-trial basis to dismiss' either the mishandling charges or the related obstruction charges against Trump. The decision comes two days after special counsel Jack Smith made a court filing saying the judge was pursuing a legal premise about the PRA that was 'wrong' and urged her to rule, adding that if she decided otherwise, he wanted to appeal any such decision quickly.... In her three-page order, Cannon defended her order and pushed back against Smith's challenge to it. She wrote that 'to the extent the Special Counsel demands an anticipatory finalization of jury instructions prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence, the Court declines that demand as unprecedented and unjust.'" This was still described as a "developing story" at 4:30 pm ET Thursday. (Also linked yesterday.) ~~~
~~~ Then Read This One. Josh Gerstein & Kyle Cheney of Politico: "The judge overseeing the case against Donald Trump on charges that he amassed classified documents at his Florida estate has rejected, for now, his bid to throw out the bulk of the case based on the argument that he had the right to keep those documents under a federal law governing presidential records. However, the three-page ruling Thursday by U.S. District Judge Aileen Cannon left open the possibility for Trump to continue raising that argument if a trial takes place in the case. In the same decision, Cannon also shot down a request from special counsel Jack Smith to promptly reveal whether she agrees with Trump's claim that the Presidential Records Act ... may have authorized him to keep classified records indefinitely even after leaving office." (Also linked yesterday.) ~~~
~~~ Marie: The Gerstein-Cheney report is quite short. And it's accurate. The Barrett-Stein report: fairly misleading and hard to decipher. What Cannon did here was a quick feint to keep in a position to exonerate Trump. After dilly-dallying for months on a slew of pretrial motions, Cannon was able to make a ruling in less than 48 hours after Smith threatened to haul her before her superiors at the 11th Circuit. BUT, as Gerstein & Cheney tell us, her ruling includes a remarkable get-out-of-jail card for Trump: she writes that she could still rule during the trial phase that the PRA allows Trump to keep all those classified docs; that is, to rule in Trump's favor when jeopardy is attached and Trump can't be retried. Cannon may not be the sharpest tack on the board, but she sure knows how to look out for herself.
Georgia Judge Calls B.S. on Trump Motion to Dismiss. Sara Murray, et al., of CNN: "An Atlanta-area judge on Thursday upheld the criminal indictment against ... Donald Trump in Georgia, rejecting the argument that Trump's efforts to overturn the 2020 election were protected under the First Amendment. 'The defense has not presented, nor is the Court able to find, any authority that the speech and conduct alleged is protected political speech,' Fulton County Superior Court Judge Scott McAfee wrote in his order." (Also linked yesterday.)
Blayne Alexander, et al., of NBC News: "Lawyers for ... Donald Trump and eight of his co-defendants in the Georgia election interference case on Friday asked a state appeals court to allow them to challenge a recent ruling that didn't disqualify Fulton County District Attorney Fani Willis from prosecuting the case." (Also linked yesterday.)
Nick Robertson of the Hill: "Former President Trump shared articles critical of Judge Juan Merchan and his family on Wednesday, appearing to test the bounds of the gag order placed on Trump in his New York hush money case. Merchan expanded the gag order Monday to prevent Trump from discussing his family, after the former president made comments critical of Merchan's daughter, Loren. Trump was already barred from speaking about court employees and witnesses in the case." Thanks to RAS for the link. (Also linked yesterday.) ~~~
~~~ Marie: I don't believe I've ever even heard of an adult who behaves like this. This is a toddler testing the bounds of "Don't touch that stove, Donnie." I'd say Trump has touched it now. Make him burn, Judge.
Hankey-Panky, Ctd. About That "Bond." Katrina Kaufman of CBS News: "... the [$175 million] surety bond [posted to guarantee Donald Trump's judgment in the New York financial fraud case he lost] was missing vital information typically included in those filings, experts say. These standard elements include documents related to power of attorney for the bond provider, Knight Specialty Insurance Company, a financial statement from the company and a certificate of solvency from the Department of Financial Services.... Adam Pollock, a former assistant attorney general in New York, said, 'This bond is deficient for a number of reasons...,' including that the company doesn't appear to be licensed in New York and doesn't appear to have enough capital to make this undertaking, Pollock said.... 'The attorney general would have ample grounds to push back here' as to whether this is a valid appellate bond in New York State,' said Pollock." (Also linked yesterday.) ~~~
~~~ Marie: A related story linked yesterday suggested the bond was submitted without proper paperwork. But the CBS story makes it sound worse than that: the paperwork is missing because Hankey's company cannot meet the requirements. It's as if Hankey guaranteed the bond on the back of a hanky and sent it in. ~~~
~~~ So Then. Uh-oh. Ben Protess & Matthew Haag of the New York Times: "The New York attorney general’s office on Thursday took exception to a $175 million bond that Donald J. Trump recently posted in his civil fraud case, questioning the qualifications of the California company that provided it.... And the judge in the case, Arthur F. Engoron, has tentatively scheduled a hearing for April 22 to discuss the bond.... By providing the bond -- which is a legal document, not an actual transfer of money -- Knight essentially promises New York's court system that it will cover $175 million of the judgment against Mr. Trump if he loses his appeal and fails to pay.... [Attorney General Letitia] James is seeking to clarify whether Knight, which had never posted a similar court bond before aiding Mr. Trump, is financially capable of fulfilling its obligation to pay the $175 million if Mr. Trump defaults.... [Bondsman Don Hankey's] companies are known for relentlessly calling people who miss payments by a day, and repossessing vehicles from delinquent borrowers...." ~~~
~~~ Marie: What could be more Trumpy than posting a fake bond (probably backed by fake securities) proffered by a rapacious "businessman" for a judgment regarding fake property valuations.
Kyle Cheney of Politico: "A disciplinary panel in Washington has found that Jeffrey Clark, a former high-ranking Justice Department official, violated ethics rules for lawyers in his attempt to aid Donald Trump's bid to subvert the 2020 election. The three-member disciplinary committee determined Thursday that Clark's campaign to pressure Justice Department leaders to help upend the transfer of power to Joe Biden violated his duties as an attorney. The preliminary ruling jumpstarts a process that could lead to the suspension or even permanent revocation of Clark's license to practice law.... Disciplinary investigators who brought the charges against Clark say they intend to advocate for his disbarment. The decision followed six days of testimony, including by Clark's former Justice Department superiors...." (Also linked yesterday.) The Washington Post story is here.
Betsy Swan & Kyle Cheney of Politico: "Arizona investigators probing Republicans' efforts to overturn the state's 2020 election results have subpoenaed two members of Congress who were among Donald Trump's closest Capitol Hill allies in the scheme. The subpoenas to Reps. Andy Biggs and Paul Gosar, which have not previously been reported, ordered the two Arizona Republicans to testify before a grand jury. There is no indication that Arizona Attorney General Kris Mayes, who is leading the probe, is considering bringing criminal charges against either lawmaker. And it's unclear whether Mayes has insisted on enforcing the subpoenas against the lawmakers, who may have legal bases to resist testifying.... Biggs, the chairman of the conservative House Freedom Caucus in 2020 and 2021, and Gosar were among the most vocal congressional supporters of Trump's efforts to overturn Biden's victory in Arizona." (Also linked yesterday.)
Trump's Criminal Pals, Ctd. Ron Dicker of the Huffington Post: "Karl Rove, the GOP strategist who helped guide George W. Bush to two presidential victories, advised President Joe Biden's campaign to 'go hard' at Donald Trump's embrace of the 'thugs' who stormed the Capitol in 2021.... Rove said the siege is 'a stain on our history and every one of those sons of bitches who did that, we ought to find them, try them and send them to jail.... It is a mistake on the part of the Trump campaign to allow the president's impulses to identify himself with the people who assaulted the Capitol rather than people who stand for law and order.'..." ** See Akhilleus' commentary yesterday on Trump's "campaign mistake." (Also linked yesterday.) ~~~
~~~ Meet the "Hostages." Ryan Reilly of NBC News: "The way ... Donald Trump tells it, the men and women who stormed the Capitol because they believed his lies about the 2020 presidential election are 'hostages' and 'unbelievable patriots' who are being mistreated by the justice system.But an NBC News review of hundreds of cases against Jan. 6 defendants found that just 15 people charged in connection with the Capitol attack are currently being held pretrial at the order of federal judges.... [Trump] recently vowed to 'free the Jan. 6 Hostages' as one of his 'first acts as your next President.'... Low-level defendants routinely receive sentences of probation, but about 500 have received periods of incarceration.... (... Those who have pleaded guilty or been convicted by a federal judge in the United States are, by definition, not '"hostages.') In most of those cases, a judge found overwhelming evidence that the defendants had committed criminal acts of violence against law enforcement.... Below are the current pretrial Jan. 6 detainees identified by NBC News, the charges they face and the status of their cases." Reilly names the prisoners & describes the crimes of which they have been accused. The crimes are horrible, and some of those named have long criminal histories. (Also linked yesterday.) ~~~
~~~ Marie: These are presumably the kind of criminals Trump has previously urged police to rough up when arresting them. Of course, Trump's "hostages" are mostly (or all) white guys, so maybe he wants only alleged criminals of colors mistreated.
This Congressman Is INSANE. Luke Broadwater & Alan Feuer of the New York Times: "Even by a conspiracy theorist's standards, the wild claims made by Representative Clay Higgins, Republican of Louisiana, stand out.... But far from relegating Mr. Higgins to the fringe of their increasingly fractious conference, House Republicans have elevated him.... This week, in a lengthy podcast interview, he expounded at length on his belief -- based, he said, on his own extensive investigation and evidence that only he has been able to see -- that federal law enforcement officers entrapped Mr. Trump's supporters into violently attacking the Capitol on Jan. 6. He was repeating a conspiracy theory that has been debunked repeatedly. Over the course of a two-hour interview on the 'Implicit Bias' podcast, Mr. Higgins, wearing a shirt emblazoned with the logo of the Three Percenters, a right-wing antigovernment militia, repeated the lie that the 2020 election was fraudulent. He laid out an outlandish story that tied the rise of the coronavirus pandemic to what he said was a plot by the government to infiltrate pro-Trump online forums and urge members to engage in 'riotous' behavior, as he put it. Finally, he said, also groundlessly, that federal agents posing as Trump supporters traveled to Washington on Jan. 6 and tricked Mr. Trump's backers into carrying out mob violence.... 'The whole thing,' Mr. Higgins said, 'was a nefarious agenda to entrap MAGA Americans.'" (Also linked yesterday.)
Presidential Race
No Labels Has No Candidate. Vaughn Hillyard, et al., of NBC News: "No Labels, the bipartisan group that had been working toward putting a third-party presidential ticket on the ballot in all 50 states in 2024, announced Thursday that it was ending its efforts. 'No Labels has always said we would only offer our ballot line to a ticket if we could identify candidates with a credible path to winning the White House,' No Labels CEO and co-founder Nancy Jacobson said in a statement. 'No such candidates emerged, so the responsible course of action is for us to stand down.'" (Also linked yesterday.) The Washington Post story is here.
BUT There's Still This Guy. Meryl Kornfield & Rachel Weiner of the Washington Post: "... Robert F. Kennedy's campaign told supporters Wednesday that those facing charges in the Jan. 6, 2021, Capitol riot are 'activists sitting in a Washington DC jail cell stripped of their Constitutional liberties.' Kennedy's campaign used the language in an email urging his followers to sign a petition calling for the release of WikiLeaks founder Julian Assange. In the email..., the campaign compared those jailed for their actions on Jan. 6 to Assange and Edward Snowden, a former National Security Agency contractor who leaked information about top-secret U.S. surveillance programs and is now living in Moscow. The campaign claimed Thursday that Kennedy did not approve of the wording in the email, blaming the 'error' on a contractor who the campaign later said has since been terminated. But Kennedy himself has previously downplayed the Jan. 6 attack and said he is open to pardoning convicted rioters." Politico's story is here. AND his sidekick ~~~
Conditions like autism used to be one in 10,000. Now here in the state of California it is one in 22. -- Nicole Shanahan, RFK Jr's running mate, March 26
In her first news conference as a candidate, Shanahan ... suggest[ed] that vaccines play a role.... The percentage of people diagnosed with ASD has gone up mainly because of expanded definitions and better detection.... Shanahan does not quite say that vaccines cause autism, but she implies it, demanding a study that is not feasible because it would be unethical. She cites numbers that claim that autism has spiked, without acknowledging the main reason is because the definition of autism has been greatly expanded. This is textbook anti-vaccine rhetoric. The overall effect is to cast doubt on the safety of vaccines. -- Glenn Kessler of the Washington Post
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Israel/Palestine, et al.
The Washington Post's live updates of developments Friday in the Israel/Hamas war are here: "Israel said it would open more aid routes into Gaza, including the Erez border crossing, hours after a call in which President Biden told Israeli Prime Minister Benjamin Netanyahu that the United States would reassess its policy on the war if Israel does not take immediate steps to address the humanitarian situation and the safety of aid workers. The call ... marked the first time the president has indicated a willingness to reconsider what has so far been ironclad support of Israel's military campaign.... Secretary of State Antony Blinken on Friday welcomed Israel's announcement on aid routes, but said 'the real test is results.' He added that the United States will be 'looking closely' for Israel's progress on resolving issues including bottlenecks and delays at crossings and an improved system to deconflict and coordinate aid deliveries to ensure the safety of humanitarian workers. Iran's supreme leader, Ayatollah Ali Khamenei, pledged to respond to Israel's deadly attack on its embassy complex in Damascus, Syria, according to a social media post written in Hebrew. Shortly after, the Israel Defense Forces announced it would temporarily pause all home leave for its combat units...." ~~~
~~~ The New York Times' live updates for Friday are here. CNN's live updates are here.
Aamer Madhani & Zeke Miller of the AP: "President Joe Biden told Israeli Prime Minister Benjamin Netanyahu on Thursday that future U.S. support for the Gaza war depends on new steps to protect civilians and aid workers. Biden and Netanyahu spoke by phone days after Israeli airstrikes killed seven food aid workers in Gaza and added a new layer of complication in the leaders' increasingly strained relationship. 'He made clear the need for Israel to announce and implement a series of specific, concrete, and measurable steps to address civilian harm, humanitarian suffering, and the safety of aid workers,' the White House said in a statement following the leaders call. 'He made clear that U.S. policy with respect to Gaza will be determined by our assessment of Israel's immediate action on these steps.' Biden, a Democrat, also told Netanyahu that an 'immediate ceasefire is essential' and urged Israel to reach deal 'without delay,' according to the White House." (Also linked yesterday.) ~~~
~~~ Here's the White House readout of the call. (Also linked yesterday.)
John Hudson of the Washington Post: "The Biden administration approved the transfer of thousands more bombs to Israel on the same day Israeli airstrikes in Gaza killed seven aid workers for the charity group World Central Kitchen, three U.S. officials told The Washington Post this week after the incident elicited global condemnation.... The White House did not respond to a request for comment.... The State Department approved the transfer of more than 1,000 MK82 500-pound bombs, over 1,000 small-diameter bombs, and fuses for MK80 bombs, all from authorizations granted by Congress several years before the latest hostilities between Israel and Hamas began.... A State Department spokesperson confirmed the approval and said it occurred sometime 'prior' to when the Israeli aircraft struck the aid convoy. The U.S. government has the authority to suspend an arms package any time before delivery.... It has not done so in this case." (Also linked yesterday.)
News Ledes
New York Times: "For most of the millions of people who felt the magnitude-4.8 earthquake that sent tremors from Philadelphia to Boston on Friday morning, it was a harmless novelty in a part of the country unaccustomed to seismic shaking. But the rattling shook buildings in New York City and drove startled residents into the streets. Aftershocks continued throughout the day Friday, including one that measured 4.0 just before 6 p.m. and that was felt widely across New York and New Jersey." ~~~
~~~ Here's where the epicenter of the quake was, via the NYT. ~~~
~~~ Marie: A friend of mine who lives in southern New Hampshire wrote that she felt the quake. She wrote and sent her email before the quake made the news, so I know she wasn't making it up. She said the sofa she was sitting on shook and she could see her plants shaking.
CNBC: "Job creation in March easily topped expectations in a sign of continued acceleration for what has been a bustling and resilient labor market. Nonfarm payrolls increased 303,000 for the month, well above the Dow Jones estimate for an increase of 200,000 and higher than the downwardly revised 270,000 gain in February, the Labor Department's Bureau of Labor Statistics reported Friday." The New York Times report is here.
CNN: "More than 400,000 homes and businesses in Maine and New Hampshire were without power early Friday as a late season nor'easter brought heavy snow and strong winds to parts of the Northeast. The widespread outages leave many without indoor heating as the storm blankets the region with snow, toppling trees and power lines and making travel difficult.... Already, snow accumulations in the New England region have exceeded a foot, with Moretown, Vermont, seeing a whopping 24 inches of snow in less than three days and Shapleigh, Maine, seeing 21.5 inches. Although the heaviest snow has ended, several more inches of snow are expected across large swaths of Maine and New Hampshire, according to the National Weather Service. Winds will also remain strong, gusting as high as 35 mph. The states are under a winter weather advisory until 8 a.m. ET Friday."