The Conversation -- January 10, 2024

** Gregory Krieg , et al., of CNN: "Former New Jersey Gov. Chris Christie announced Wednesday that he is ending his campaign for the 2024 Republican presidential nomination, marking the exit of the most outspoken critic of ... Donald Trump in the GOP primary. 'It is clear to me tonight that there isn't a path for me to win the nomination, which is why I'm suspending my campaign tonight for President of the United States,' he said at a town hall in Windham, New Hampshire, just 10 days before the first-in-the-nation primary. He called it the 'right thing for me to do' and promised that he would never 'enable Donald Trump to become, to ever be president of the United States again.'"

Luke Broadwater of the New York Times: "The House Judiciary Committee voted on Wednesday along party lines to hold Hunter Biden, the president's son, in contempt of Congress, hours after he surprised Republicans by appearing unannounced on Capitol Hill, prompting a partisan free-for-all. The 23-to-14 vote sends the matter to the full House, which is controlled by Republicans. The measure accuses the younger Mr. Biden of failing to sit for a private deposition in the impeachment inquiry against President Biden. It came as the House Oversight Committee continued a lengthy and at times vitriolic meeting on an identical resolution, which also was expected to be approved along party lines." Related stories linked below.

So Unfa-a-a-air! Jennifer Peltz & Jake Offenhartz of the AP: "Donald Trump won't make his own closing argument after all in his New York civil business fraud trial after his lawyers objected to the judge's insistence that the former president stick to 'relevant' matters. Judge Arthur Engoron rescinded permission for the unusual plan on Wednesday, a day ahead of closing arguments in the trial.... [Judge Engoron] said Trump would have to limit his remarks to the boundaries that cover attorneys' closing arguments: 'commentary on the relevant, material facts that are in evidence, and application of the relevant law to those facts.' He would not be allowed to introduce new evidence, 'comment on irrelevant matters' or 'deliver a campaign speech' -- or impugn the judge, his staff, the attorney general, her lawyers or the court system, the judge wrote.... Trump attorney Christopher Kise ... termed the restrictions 'very unfair.'" And more. MB: IOW, Engoron shot down Trump's entire soliloquy. And here Akhilleus was looking forward to a remarkable unraveling (see today's Comments).

Tatyana Tandanpolie of Salon: "A federal judge on Tuesday delivered a scathing order effectively blocking ... Donald Trump from employing the go-to moves of his litigation playbook ahead of his second, E. Jean Carroll defamation trial in New York, which is set to begin next week. Trump's lawyers had initially prepped for the upcoming trial as if the first case brought by the ex-columnist hadn't happened, according to The Daily Beast's Jose Pagliery, viewing it as a redo and a chance at vindication for the former president after a jury concluded last year that he sexually abused Carroll in the mid-1990s. But U.S. District Judge Lewis Kaplan intercepted that plan Tuesday, establishing that this proceeding would not be rehashing whether he assaulted Carroll. 'In other words, the material facts concerning the alleged sexual assault already have been determined, and this trial will not be a "do over" of the previous trial,' Kaplan said in the 27-page order. The federal judge outlined that the jury in the upcoming trial will only be deciding on how much in damages Trump will fork over for defaming Carroll while serving as president in 2019...."

Eddy Wax of Politico: "One of Europe's most senior politicians recounted how ... Donald Trump privately warned that America would not come to the EU's aid if it was attacked militarily.'You need to understand that if Europe is under attack we will never come to help you and to support you,' Trump told European Commission President Ursula von der Leyen in 2020, according to French European Commissioner Thierry Breton, who was also present at a meeting at the World Economic Forum in Davos. 'By the way, NATO is dead, and we will leave, we will quit NATO,' Trump also said, according to Breton. And he added, "and by the way, you owe me $400 billion, because you didn't pay, you Germans, what you had to pay for defense,"' Breton said about the tense meeting, where the EU's then-trade chief Phil Hogan was also present.... Brussels is rife with fear about the possibility Trump will return to the U.S. presidency."

Former Racist-in-Chief Returns to His Birther Roots. Vaughn Hillyard & Amanda Terkel of NBC News: "Donald Trump, the chief propagator of false 'birther' claims first against then-President Barack Obama and later against Sen. Ted Cruz, has a new target: Nikki Haley. As Haley surges in New Hampshire polling, Trump posted an article on his Truth Social account from a right-wing outlet that claimed Haley, his GOP rival, is ineligible to be president because her parents were not U.S. citizens when she was born. Haley was born in South Carolina and has lived in the U.S. her entire life. Her parents were immigrants, who became citizens after her birth in 1972. 'The birther claims against Nikki Haley are totally baseless as a legal and constitutional matter,' Harvard Law School professor emeritus Laurence Tribe wrote in an email. 'I can't imagine what Trump hopes to gain by those claims unless it's to play the race card against the former governor and UN ambassador as a woman of color -- and to draw on the wellsprings of anti-immigrant prejudice by reminding everyone that Haley's parents weren't citizens when she was born in the USA.'"

Noah Weiland of the New York Times: "More than 20 million people have signed up for plans on the Affordable Care Act's marketplaces during the annual open enrollment period, far surpassing last year's record of more than 16 million enrollments, the Biden administration announced on Wednesday. The figures were a landmark moment for the 2010 health law, underscoring the significance of enhanced subsidies for Americans and the continuing reach of the marketplaces after years of Republican efforts to whittle them down."

Annie Gowen of the Washington Post: "Republican governors in 15 states are rejecting a new federally funded program to give food assistance to hungry children during the summer months, denying benefits to 8 million children across the country. The program is expected to serve 21 million youngsters starting around June, providing $2.5 billion in relief across the country. The governors have given varying reasons for refusing to take part, from the price tag to the fact that the final details of the plan have yet to be worked out. Iowa Gov. Kim Reynolds (R) said she saw no need to add money to a program that helps food-insecure youths 'when childhood obesity has become an epidemic.' Nebraska Gov. Jim Pillen (R) said bluntly, 'I don't believe in welfare.'... Those who work with families in states where the food money has been turned down said the impact will be devastating and add pressure to private food banks." ~~~

     ~~~ Marie: I still find it jarring when Republicans show off their stupidity. For instance, Gov. Reynolds' claiming she won't support a childhood food program because childhood obesity. A main reason some children from poor families are obese is that their parents use their meager financial resources to fill the kids up on unhealthy starches instead of providing them with healthful, balanced meals including unprocessed fruits & vegetables. If my goal were to make kids go hungry, as is Reynolds', I'd guess I'd try to conjure up more highminded excuses for my cruelty.

Marie: So I turn on the teevee Wednesday morning, and what do I hear to my wondering ears but Rep. Jim Comer (R-Ky.) pounding the gavel to no end while members of his Get-Hunter committee shouting over each other: ~~~

     ~~~ Mychael Schnell of the Hill: "Hunter Biden made a surprise appearance at a markup of the House Oversight Committee on Wednesday as the panel considers a resolution to hold the president's son in contempt of Congress for defying a subpoena last month." ~~~

     ~~~ Annie Grayer of CNN: "House Republicans will begin the process of holding Hunter Biden in criminal contempt of Congress on Wednesday for not complying with a congressional subpoena to sit for a closed-door deposition last month, and the president's son showed up unexpectedly on Capitol Hill.... Hunter Biden was spotted in the halls of Congress with his lawyers outside the Oversight Committee hearing, creating a tumultuous scene inside and outside the committee room as lawmakers debated what to do. Hunter Biden entered the committee room and sat down for around 10 minutes before departing. His lawyers made a brief statement to reporters." The New York Times report is here. ~~~

     ~~~ John Berman of CNN said on-air that what went on at the hearing was "complete mayhem." MB: Is telling a potential witness he has "no balls," as Rep. Nancy Mays (R-S.C.) did, follow House rules of decorum? Maybe so, when you consider that another member of the committee, Marjorie Taylor Greene, used an earlier hearing to display large placards featuring all of Hunter Biden's junk. Biden walked out of the hearing Wednesday when Miss Margie got her turn to speak.

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Helene Cooper & Eric Schmitt of the New York Times: "Defense Secretary Lloyd J. Austin III has been hospitalized for the past week because of complications after he had prostate cancer surgery, Walter Reed National Military Medical Center said in a statement on Tuesday. A hospital official said Mr. Austin was admitted on Jan. 1 with severe abdominal, hip and leg pain after he underwent what the hospital characterized as a 'minimally invasive surgical procedure' known as a prostatectomy, the week before. The defense secretary, who had developed an infection, was put in intensive care, where excess abdominal fluid was drained. Since then, 'his infection has cleared,' according to the statement, from Dr. John Maddox and Dr. Gregory Chesnut at Walter Reed. Mr. Austin's prostate cancer was detected early and his prognosis was 'excellent,' they said. John F. Kirby, a White House spokesman, said Tuesday that the White House had only learned that day about the diagnosis of prostate cancer." An NBC News report is here. (Also linked yesterday.) ~~~

~~~ Peter Baker of the New York Times: "The White House ordered cabinet secretaries on Tuesday to keep President Biden's staff informed when they may not be able to perform their duties after Defense Secretary Lloyd J. Austin III was hospitalized for several days last week without telling the president or his staff. In a memo, Jeffrey D. Zients, the White House chief of staff, directed cabinet officers to evaluate their current policies for delegating authority when a secretary is incapacitated and to forward those procedures to the White House for review. In the meantime, Mr. Zients made clear that White House officials expected to be kept up to date about developments like major medical issues." (Also linked yesterday.) ~~~

     ~~~ This story has been updated. New Lede: "The White House was caught off guard once again on Tuesday when it learned that Defense Secretary Lloyd J. Austin III had been diagnosed with prostate cancer a month ago and had surgery to treat the disease under general anesthesia on Dec. 22 without notifying either President Biden or his staff. The new revelations exacerbated the frustration in the West Wing, where officials were still dealing with the discovery that Mr. Austin, 70, had been secretly hospitalized last week for complications resulting from a condition that the Pentagon did not disclose even to the White House until Tuesday morning. While aides to the president said he would not fire Mr. Austin, they acknowledged the breakdown in communications and moved to assert new discipline over the administration."

Eva Dou of the Washington Post: "Millions of households will lose discounts on their internet bills in the coming months if Congress does not act to extend an affordable-internet program. The Federal Communications Commission says it will begin winding down the Affordable Connectivity Program this week if it cannot secure more funding from Congress. Launched at the end of 2021, the ACP allowed some 23 million low-income households to receive discounts on their internet bills of up to $30 a month -- or up to $75 a month on qualifying tribal lands. The FCC said the $14.2 billion that Congress appropriated for the program will run out in April."

Today's Police Blotter -- Congressional Edition. Update. CBS News: "Colorado Congresswoman Lauren Boebert's ex-husband has been arrested and is facing charges.... Jayson Boebert was arrested on Tuesday, according to court records, apparently in connection with an altercation that happened Saturday with Lauren Boebert who is currently the Republican representative for Colorado's 3rd Congressional District. The two were at a restaurant in Silt. Police had previously said the incident was under investigation. Court records show that Jayson Boebert was arrested Tuesday for charges including misdemeanor assault and criminal mischief. Garfield County Jail records confirm he was arrested and then released. The total bond was set at $2,500. In previous reporting, Jayson Boebert was the one who called police...." MB: According to a Daily Beast headline & subhead (firewalled), jail records reflected that Jayson faced weapons charges as well as harassment ('strikes shoves, kicks'), disorderly conduct, and trespassing. Other stories would indicate that's not how he was formally charged.

The Trials of Trump

Zinger of the Day: I think it's paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law. -- Appeals Court Judge Karen Henderson, a George H.W. Busha appointee, during oral arguments Tuesday ~~~

~~~ Eric Tucker, et al., of the AP: "With Donald Trump present for the first time in months, federal appeals court judges in Washington expressed deep skepticism Tuesday that the former president was immune from prosecution on charges that he plotted to overturn the results of the 2020 election. The panel of three judges, two of whom were appointed by President Joe Biden, also questioned whether they had jurisdiction to consider the appeal at this point in the case, raising the prospect that Trump's effort could be dismissed. During lengthy arguments, the judges repeatedly pressed Trump's lawyer to defend claims that Trump was shielded from criminal charges for acts that he says fell within his official duties as president....

"Judges [Karen] Henderson and Florence Pan noted the lawyer representing Trump during his impeachment trial suggested that he could later face criminal prosecution, telling senators at the time: 'We have a judicial process in this country. We have an investigative process in this country to which no former officer holder is immune.' 'It seems that many senators relied on that in voting to acquit' Trump, Pan told [Trump's lawyer John] Sauer. J. Michelle Childs also questioned why former President Richard Nixon would need to be granted a pardon in 1974 ... if former presidents enjoy immunity from prosecution.... After the arguments, Trump spoke to reporters at The Waldorf-Astoria hotel, which used to be the Trump International Hotel, calling it 'a very momentous day.' He insisted he did nothing wrong and claimed he was being prosecuted for political reasons. 'A president has to have immunity,' he said." (Also linked yesterday.) ~~~

     ~~~ The New York Times report is here. For more of the nitty-gritty, the Times liveblogged the hearing yesterday. MB: Yesterday, I posted a number of the entries to the liveblog. ~~~

~~~ Eric Tucker & Alanna Richer of the AP have a highlights report here. The New York Times' "takeaways" analysis, by Charlie Savage & Alan Feuer, is here. ~~~

~~~ Over at the Hill, the headline is "Trump team argues assassination of rivals is covered by presidential immunity." MB: So I guess President Biden can assemble the commandos now. Seems reasonable. ~~~

     ~~~ Inae Oh of Mother Jones: "It's hard to overstate the terrifying absurdity of the argument. Then again, this is the man who used his executive power to pardon service members who had been accused of war crimes. Though today's question was an extreme hypothetical -- a device often used by judges to test the logic of a legal argument -- the response by Trump's team was entirely consistent with what the former president has been openly running on. Trump has long teased plans to lock up his political enemies. He did it again just yesterday, floating the idea of having Joe Biden indicted if he returns to the White House."

~~~ Chris Hayes of MSNBC noted on-air that Trump isn't just promising to be a dictator during over-the-top comments at rallies or in crazy 2:00 am tweets, but via his lawyer's arguments has now formally announced his plans to be a dictator.

~~~ Isaac Arnsdorf of the Washington Post: "... Donald Trump on Tuesday threatened unrest if the criminal charges against him cause him to lose the 2024 election. Speaking to reporters after an appeals court hearing in which Trump's lawyers said he should be immune from prosecution for trying to overturn the 2020 election, Trump claimed without evidence that he was being prosecuted because of polls showing him leading President Biden. He warned that if the charges succeed in damaging his candidacy, the result would be 'bedlam.'... The former president did not take questions and walked away as a Washington Post reporter asked him to rule out violence by his supporters.... Biden on Friday condemned Trump for refusing to reject violence. 'Trump won't do what an American president must do; he refuses to denounce political violence,' Biden said. 'So hear me clearly, I will say what Donald Trump won't: Political violence is never acceptable in the United States -- never, never, never. It has no place in the democracy. None.'... Trump also repeated false claims about the 2020 election, and afterward an aide passed out copies of a report that he published online last week and his lawyers cited in a court filing. The report contained allegations that were not new and had already been disproved." ~~~

     ~~~ On the post-hearing press availability: Maggie Haberman of the New York Times in an entry in the Times' liveblog, linked above: "Trump appeared briefly at the Waldorf Astoria hotel, formerly the Trump hotel. By his side was one of his lawyers, John F. Lauro, who said, 'We can't have a country where every four years there's a cycle of political recrimination.'" MB: So no to "recrimination," but "retribution" is A-OK.

Trump Can Do Anything You Can Do Better. Peter Charalambous & Aaron Katersky of ABC News: "Former President Trump intends to personally deliver part of the defense's closing argument at the conclusion of his civil fraud trial in New York on Thursday, sources familiar with the former president's strategy tell ABC News. The defendants in the case -- Trump, his two eldest sons and two former Trump Organization executives -- are represented by three primary attorneys, Christopher Kise, Clifford Robert and Alina Habba. But sources say Trump himself is determined to deliver a portion of the closing statement. The sources cautioned that plans for the defense's closing argument remain fluid."

Trust in elected officials and Fox News led to my gullibility in believing the election was stolen. What I witnessed [on January 6] was rage and vulgarity on a level I've never seen before, and it was generated by people like me, not the F.B.I. or antifa. -- Ray Epps, at his sentencing hearing ~~~

~~~ Zach Montague & Alan Feuer of the New York Times: "Ray Epps, the former Trump supporter who became a target of a conspiracy theory that he was an undercover government agent who helped to instigate the Jan. 6, 2021, attack on the Capitol, was sentenced on Tuesday to a year of probation for his own small role in the riot instead of the six months in prison that prosecutors had requested. The probation sentence ... was unlikely to end the persistent false narrative that he was a provocateur out to entrap his fellow conservatives on Jan. 6 even though he, his lawyer, the prosecutor and even the judge overseeing the case all asserted in open court that the tale was preposterous."

Sarah Ellison, et al., of the Washington Post: "Attorney General Merrick Garland on Friday called the wave of threats against government workers and public servants a 'deeply disturbing spike.' While some on the right have been affected, many targets share a common attribute: They have done or said something that has earned Trump's ire. Experts ... caution that the possibility of harm being inflicted on public servants is already undermining the health of U.S. democracy because the intimidation risks influencing their decision-making."

The George Santos of Tennessee. Phil Williams of WTVF-TV Nashville: "A nonpartisan watchdog group has asked a federal ethics agency to investigate Tennessee Congressman Andy Ogles [R] over $1 million of discrepancies in financial disclosures he was required to file with the U.S. House. The Campaign Legal Center (CLC) repeatedly cites NewsChannel 5's reporting in the complaint that was filed Tuesday with the Office of Congressional Ethics (OCE), comparing Ogles' conduct to disgraced New York Congressman George Santos. NewsChannel 5 Investigates discovered that, like Santos, Ogles has misrepresented his educational and business credentials.... Specifically, in its complaint, the CLC notes the Maury County Republican's claim to have personally loaned $320,0000 to his 2022 campaign for Congress, 'but Rep. Ogles' financial disclosure reports do not disclose assets that would allow him to make this loan.' As NewsChannel 5 previously reported, on financial disclosures filed with the U.S. House..., Ogles did not disclose any checking or savings accounts." (Also linked yesterday.)

Presidential Race 2024

Alex Gangitano of the Hill: "President Biden's reelection campaign bashed former President Trump on Tuesday after he& said he hoped the U.S. economy would crash in the next 12 months, arguing he doesn't care about people. 'Donald Trump should just say he doesn't give a damn about people, because that's exactly what he's telling the American people when he says he hopes the economy crashes. In his relentless pursuit of power and retribution, Donald Trump is rooting for a reality where millions of Americans lose their jobs and live with the crushing anxiety of figuring out how to afford basic needs,' campaign manager Julie Chávez Rodríguez said. Trump, in an interview with former Fox Business Network host Lou Dobbs on a network launched by MyPillow founder Mike Lindell, called the economy 'fragile' and said he is hoping for a crash within the year. 'And when there's a crash -- I hope it's going to be during this next 12 months because I don't want to be Herbert Hoover,' Trump said in the interview that aired Monday night. "The one president I just don't want to be, Herbert Hoover.' Former President Hoover had been in office for just a few months when the stock market crashed in 1929, triggering the Great Depression." (Also linked yesterday.)

Jamelle Bouie of the New York Times examines some "what-ifs," then concludes "... it is still worth the effort to say ... that our constitutional system, however flawed, is worth defending; that Trump is a clear and present threat to that system; and that we should use every legitimate tool at our disposal to keep him away from -- and out of -- power."

Marie: As nearly as I can parse it, Trump is threatening bedlam if he doesn't regain the White House, a crime spree if he wins the election. Heads we lose, tails we lose.

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Israel/Palestine

The Washington Post's live updates of developments Wednesday in the Israel/Hamas war are here: "Secretary of State Antony Blinken met with Palestinian Authority President Mahmoud Abbas in Ramallah on Wednesday, after encountering resistance in earlier meetings with Israeli officials over the treatment of Palestinians and a plan for Gaza's future. In the southern Red Sea, U.S. and British forces shot down a barrage of drones and missiles launched by Yemen's Houthi rebels, in the latest attack on international shipping, U.S. Central Command said.... The International Court of Justice at The Hague will hold hearings this week on South Africa's case accusing Israel of actions that amount to genocide in its war in Gaza. South Africa will present its case Thursday, and Israel will do so Friday." ~~~

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

** Matthew Lee, et al., of the AP: "U.S. Secretary of State Antony Blinken on Tuesday called on Israel to work with moderate Palestinians and neighboring countries on plans for postwar Gaza, saying they were willing to help rebuild and govern the territory but only if there is a 'pathway to a Palestinian state.'... Speaking at a news conference after meeting with top Israeli leaders, Blinken said Israel 'must stop taking steps that undercut the Palestinians' ability to govern themselves effectively.' Israel, he added 'must be a partner of the Palestinian leaders who are willing to lead their people' and live 'side by side in peace with Israel.' Settler violence, settlement expansion, home demolitions and evictions 'all make it harder, not easier, for Israel to achieve lasting peace and security.'"

News Ledes

New York Times: "At least four people died as severe thunderstorms, powerful winds and apparent tornadoes ripped across swaths of the southeastern United States on Tuesday, downing power lines and trees, and damaging buildings." ~~~

     ~~~ Here's a New York Times liveblog of weather developments across the U.S.

New York Times: "Amalija Knavs, a former Slovenian factory worker who became a United States citizen with help from one of her daughters, Melania Trump, has died. She was 78."

The Conversation -- January 9, 2024

Phil Williams of WTVF-TV Nashville: "A nonpartisan watchdog group has asked a federal ethics agency to investigate Tennessee Congressman Andy Ogles [R] over $1 million of discrepancies in financial disclosures he was required to file with the U.S. House. The Campaign Legal Center (CLC) repeatedly cites NewsChannel 5's reporting in the complaint that was filed Tuesday with the Office of Congressional Ethics (OCE), comparing Ogles' conduct to disgraced New York Congressman George Santos. NewsChannel 5 Investigates discovered that, like Santos, Ogles has misrepresented his educational and business credentials.... Specifically, in its complaint, the CLC notes the Maury County Republican's claim to have personally loaned $320,0000 to his 2022 campaign for Congress, 'but Rep. Ogles' financial disclosure reports do not disclose assets that would allow him to make this loan.' As NewsChannel 5 previously reported, on financial disclosures filed with the U.S. House of Representatives, Ogles did not disclose any checking or savings accounts."

Alex Gangitano of the Hill: "President Biden's reelection campaign bashed former President Trump on Tuesday after he said he hoped the U.S. economy would crash in the next 12 months, arguing he doesn't care about people. 'Donald Trump should just say he doesn't give a damn about people, because that's exactly what he's telling the American people when he says he hopes the economy crashes. In his relentless pursuit of power and retribution, Donald Trump is rooting for a reality where millions of Americans lose their jobs and live with the crushing anxiety of figuring out how to afford basic needs,' campaign manager Julie Chávez Rodríguez said. Trump, in an interview with former Fox Business Network host Lou Dobbs on a network launched by MyPillow founder Mike Lindell, called the economy 'fragile' and said he is hoping for a crash within the year. 'And when there's a crash -- I hope it's going to be during this next 12 months because I don't want to be Herbert Hoover,' Trump said in the interview that aired Monday night. 'The one president I just don't want to be, Herbert Hoover.' Former President Hoover had been in office for just a few months when the stock market crashed in 1929, triggering the Great Depression."

Helene Cooper & Eric Schmitt of the New York Times: "Defense Secretary Lloyd J. Austin III has been hospitalized for the past week because of complications after he had prostate cancer surgery, Walter Reed National Military Medical Center said in a statement on Tuesday. A hospital official said Mr. Austin was admitted on Jan. 1 with severe abdominal, hip and leg pain after he underwent what the hospital characterized as a 'minimally invasive surgical procedure' known as a prostatectomy, the week before. The defense secretary, who had developed an infection, was put in intensive care, where excess abdominal fluid was drained. Since then, 'his infection has cleared,' according to the statement, from Dr. John Maddox and Dr. Gregory Chesnut at Walter Reed. Mr. Austin's prostate cancer was detected early and his prognosis was 'excellent,' they said. John F. Kirby, a White House spokesman, said Tuesday that the White House had only learned that day about the diagnosis of prostate cancer." ~~~

~~~ Peter Baker of the New York Times: "The White House ordered cabinet secretaries on Tuesday to keep President Biden's staff informed when they may not be able to perform their duties after Defense Secretary Lloyd J. Austin III was hospitalized for several days last week without telling the president or his staff. In a memo, Jeffrey D. Zients, the White House chief of staff, directed cabinet officers to evaluate their current policies for delegating authority when a secretary is incapacitated and to forward those procedures to the White House for review. In the meantime, Mr. Zients made clear that White House officials expected to be kept up to date about developments like major medical issues." ~~~

~~~ Earlier Tuesday Afternoon. Courtney Kube & Rebecca Shabad of NBC News: " Defense Secretary Lloyd Austin was diagnosed with prostate cancer in December and underwent a minimally invasive procedure to treat and cure it, according to a statement from Walter Reed National Military Center officials on Tuesday. 'Secretary Austin recovered uneventfully from his surgery and returned home the next morning. His prostate cancer was detected early, and his prognosis is excellent,' the officials said. Austin was then admitted to Walter Reed on Jan. 1 'with complications from the December 22 procedure, including nausea with severe abdominal, hip, and leg pain,' the officials said." At 2:30 pm ET Tuesday, this was a breaking story; a Pentagon briefing is to be held soon.

Zinger of the Day: I think it's paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law. -- Appeals Court Judge Karen Henderson, an George H.W. Busha appointee, during oral arguments Tuesday ~~~

~~~ Eric Tucker, et al., of the AP: "With Donald Trump present for the first time in months, federal appeals court judges in Washington expressed deep skepticism Tuesday that the former president was immune from prosecution on charges that he plotted to overturn the results of the 2020 election. The panel of three judges, two of whom were appointed by President Joe Biden, also questioned whether they had jurisdiction to consider the appeal at this point in the case, raising the prospect that Trump's effort could be dismissed. During lengthy arguments, the judges repeatedly pressed Trump's lawyer to defend claims that Trump was shielded from criminal charges for acts that he says fell within his official duties as president....

“Judges [Karen] Henderson and Florence Pan noted the lawyer representing Trump during his impeachment trial suggested that he could later face criminal prosecution, telling senators at the time: 'We have a judicial process in this country. We have an investigative process in this country to which no former officer holder is immune.' 'It seems that many senators relied on that in voting to acquit' Trump, Pan told [Trump's lawyer John] Sauer. J. Michelle Childs also questioned why former President Richard Nixon would need to be granted a pardon in 1974 ... if former presidents enjoy immunity from prosecution.... After the arguments, Trump spoke to reporters at The Waldorf-Astoria hotel, which used to be the Trump International Hotel, calling it 'a very momentous day.' He insisted he did nothing wrong and claimed he was being prosecuted for political reasons. 'A president has to have immunity,' he said."

The New York Times is liveblogging the D.C. Appeals Court hearing of Donald Trump's claim of immunity. The Times is also livestreaming the audio at the linked page; so are MSNBC, CNN & C-SPAN. (Apparently C-SPAN has to be "authenticated." The C-SPAN site is live-transcribing the lawyers' & judges' remarks.) ~~~

     ~~~ CNN's liveblog is here. ~~~

~~~ From the NYT liveblog:

This item, by Charlie Savage, profiles the three judges hearing the case.

Alan Feuer: "... the remarkable thing that [Trump's attorney] John Sauer just said: He is claiming that a president could order an elite commando unit to assassinate a political rival and not be criminally prosecuted unless he was first found guilty at an impeachment proceeding."

Adam Liptak: "Judge Pan says Sauer has conceded that there is no 'absolute immunity' because prosecution after impeachment and conviction is permissible." [MB: Ergo, Sauer seems to have conceded his own argument that jeopardy attaches to impeachment; that is, if there is one circumstance in which impeachment does not create jeopardy, then impeachment itself is not a proceeding to which jeopardy attaches.]

Feuer: "In general, the two Democratic appointees on the three-judge panel -- Childs and Pan -- are asking pretty tough questions, challenging Trump's immunity defense."

Savage: "Judge Pan and Judge Henderson are asking about a statement a lawyer for Trump made during his impeachment that he should not be impeached because he would be subject to prosecution after he left office." Feuer: "Sauer does not have a very strong answer to this query. He simply says that whatever Trump argued during impeachment isn't really relevant to these arguments."

Savage: "In an ominous sign for Trump, Judge Henderson, who has been among the judges more likely to rule in ways favorable to him on the D.C. Circuit, says, 'I think it's paradoxical to say that his constitutional duty to "take care that the laws be faithfully executed" allows him to violate criminal law.'"

Savage: "Both sides [prosecution & Trump] agreed the courts should decide the merits of the issue now, rather than waiting until after any trial. The three judges on the appeals court panel seemed to signal skepticism with Trump's arguments, although the sole Republican appointee, Judge Karen Henderson, appeared worried about unleashing the 'floodgates' of former presidents being routinely prosecuted in the future. We're waiting to see if Trump will speak."

Maggie Haberman: "Trump appeared briefly at the Waldorf Astoria hotel, formerly the Trump hotel. By his side was one of his lawyers, John F. Lauro, who said, 'We can't have a country where every four years there&'s a cycle of political recrimination.'" [MB: So no to "recrimination," but "retribution" is A-OK.]

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Helene Cooper & Eric Schmitt of the New York Times: "Four top aides to Defense Secretary Lloyd J. Austin III were informed last Tuesday that he had been hospitalized a day earlier but did not notify the White House until two days later, the Pentagon said on Monday. The aides were made aware last Tuesday that Mr. Austin was rushed by ambulance to Walter Reed National Military Medical Center in Bethesda, Md., but said nothing to White House officials, awaiting updates on the secretary's medical condition, Maj. Gen. Patrick S. Ryder, the Pentagon spokesman, told reporters. In addition to General Ryder, the aides are Kelly E. Magsamen, Mr. Austin's chief of staff, and Lt. Gen. Ronald Clark, the secretary's senior military aide. General Ryder said that a fourth aide, Chris Meagher, the assistant to the secretary for public affairs, notified him.... The Defense Department is conducting an internal review of the processes and procedures for notifying the White House and Congress should a defense secretary be hospitalized or otherwise incapacitated, General Ryder said.... Mr. Austin remained in the hospital on Monday but was in 'good condition' and conducting official business, General Ryder said."

Carl Hulse of the New York Times: "Congress on Monday began an uphill push to pass a new bipartisan spending agreement into law in time to avoid a partial government shutdown next week, with Speaker Mike Johnson encountering stiff resistance from his far-right flank to the deal he struck with Democrats. Ultraconservative House Republicans have panned the $1.66 trillion agreement Mr. Johnson made with Senator Chuck Schumer, the New York Democrat and majority leader, saying it is unacceptable. The agreement essentially hews to the bargain that Congress passed last year to suspend the debt ceiling, which the hard right opposed at the time and had hoped to scale back. It also includes $69 billion in spending that was added as a side deal, money that conservatives sought to block altogether."

Immunity? Ha Ha Ha. Adam Klasfeld of the Messenger: "Donald Trump on Monday lost again in the former president's bid to swat away E. Jean Carroll's defamation lawsuit on the grounds of federal immunity, setting the stage for a potential last-minute petition to the U.S. Supreme Court before a trial that's scheduled to begin next week in Manhattan federal court. In a single-page order, the U.S. Court of Appeals for the Second Circuit declined to rehear Trump's case before the full 13-judge bench, a maneuver known as an en banc appeal. No active judge from the appellate court called for a vote on the matter, according to the ruling."

Meanwhile, in Georgia.... I'm IMU-U-U-UNE! Zachary Cohen of CNN: "... Donald Trump is seeking to have the sweeping criminal conspiracy case against him in Georgia thrown out by arguing he is protected from prosecution under presidential immunity. Trump's immunity claims in the Georgia case, filed on Monday as part of a motion to dismiss state-level criminal charges against the former president, are similar to those argued by his defense team in the federal election subversion case.... Trump's attorney argues that the specific acts in Fulton County District Attorney Fani Willis' indictment 'lie squarely within the "outer perimeter" of the President's official duties.'... On Tuesday, the DC US Circuit Court of Appeals will hear arguments by attorneys for Trump and special counsel Jack Smith over the same two claims of immunity, a hearing Trump himself is set to attend." (Also linked yesterday.)

Richard Fausset of the New York Times: "A lawyer for one of the defendants charged along with ... Donald J. Trump in the Georgia election interference case said in a court filing on Monday that the district attorney overseeing the case, Fani T. Willis, had engaged in a 'clandestine' relationship with the special prosecutor she hired to help handle it. The filing, from a lawyer representing Michael A. Roman, a former Trump campaign official, provided no proof of the relationship or other claims it contained. It argued that the relationship should disqualify Ms. Willis, her office and the special prosecutor, Nathan Wade, from prosecuting the case. The defense lawyer, Ashleigh B. Merchant, also wrote that Ms. Willis, the district attorney in Fulton County, Ga., was 'profiting significantly from this prosecution at the expense of the taxpayers,' charging that Ms. Willis and Mr. Wade had taken vacations together with money he made working for her office." The CBS News story is here.

Lazaro Gamio & Karen Yourish of the New York Times have constructed a timeline of Trump's efforts to overturn the 2020 election: "Donald J. Trump pressured state and federal government officials to overturn results of the 2020 election in more than 30 phone calls or meetings, according to The Times's analysis of the indictments related to those efforts.... Most of the officials repeatedly rejected his requests. But Mr. Trump kept asking.... As his efforts with state officials floundered, Mr. Trump tried to persuade Justice Department officials 'to open sham election crime investigations and influence state legislatures with knowingly false claims of election fraud,' prosecutors said.... As Jan. 6 neared, Mr. Trump became determined to persuade Vice President Mike Pence to block congressional certification of Mr. Biden's victory. He conveyed this message in at least nine phone calls and meetings between Dec. 25 and the morning of Jan. 6.... Less than an hour after his [last] call with the vice president, Mr. Trump rallied supporters from a stage near the White House. Soon after, a mob of Trump loyalists stormed and occupied the Capitol, bringing the final electoral count to a halt until order was restored in the building." Emphasis original.

Diana Falzone of Mediaite: "Weeks before the 2020 presidential election, infamous political operative Roger Stone sat across from his associate Sal Greco at a restaurant in Florida. At the time, Greco was an NYPD cop working security for Stone on the side. Their conversation ... focused on two House Democrats for whom Stone harbors particular animosity, Jerry Nadler and Eric Swalwell. In audio of the conversation obtained exclusively by Mediaite, Stone ... [told Greco,] 'It's time to do it.... Let's go find Swalwell.... Then we'll see how brave the rest of them are.... It's either Nadler or Swalwell has to die before the election. They need to get the message. Let's go find Swalwell and get this over with. I'm just not putting up with this shit anymore.' A source familiar with the discussion told Mediate they believed Stone's remarks were serious.... Stone denied making those comments, claiming they were generated by AI. He has previously claimed videos of his comments are actually 'deep fakes.'... Greco did not deny the comments, but said in a text to Mediaite: 'I don't think your reader is interested in ancient political fodder.'" There's more. ~~~

     ~~~ Marie: Hmmm. Audio? Unless there was a nosyparker sitting in the next booth with a recording device, Greco must have provided the audio.

Presidential Race 2024

Biden on Trump's Lost Cause. Peter Baker of the New York Times: "President Biden sought to rally disaffected Black supporters on Monday with a fiery condemnation of ... Donald J. Trump, linking his predecessor's efforts to overturn the 2020 election to the nation's history of white supremacy in what he called 'the old ghost in new garments.' Speaking from the pulpit of the South's oldest African Methodist Episcopal Church, Mr. Biden drew a direct line from slavery, the Civil War and Jim Crow to the divisions of today. Just as it was a 'self-serving lie' to call the Confederate rebellion a 'noble cause,' the president called Mr. Trump's insistence that he won the election an effort to rewrite history.... The president also took a shot at Nikki Haley, the former South Carolina governor.... 'Let me be clear, for those who don't seem to know: Slavery was the cause of the Civil War,' Mr. Biden said to applause from the audience." ~~~

     ~~~ Here's an excerpt. Sorry about the image of Fuckface Von Clownstick:

~~~ Michelle Goldberg of the New York Times: President "Biden has set himself the task of trying to jolt the country out of its learned helplessness in the face of Trump's exhausting provocations.... On Monday, Biden gave his second campaign speech of the year, at Emanuel African Methodist Episcopal Church in Charleston, S.C., site of a racist mass murder in 2015. It was ostensibly about white supremacy, but its real theme was truth, and the way historical fictions from the Lost Cause of the Confederate South to Trump's big lie about the 2020 election license tyranny and oppression."

Isaac Arnsdorf & Josh Dawsey of the Washington Post: "... Donald Trump is expected to return Tuesday to the federal courthouse in Washington where he was arraigned in August on charges of interfering with the 2020 election results, making a voluntary appearance just before the Iowa caucuses. His choice ... reflects the bet he and his campaign are placing on blending his criminal defense with his electoral message.... In a fundraising email that distorted the situation, Trump misleadingly claimed to supporters that Biden was 'forcing me into a courtroom in our nation's capital' and distracting him from campaign strategizing. Attending an appellate oral argument is not uncommon but not required.... On Thursday, Trump is expected to attend closing arguments at his civil fraud trial in New York." ~~~

~~~ Summer Concepcion of NBC News: "... Donald Trump on Monday suggested that if he is re-elected he would have President Joe Biden indicted, a day before an appeals court hears arguments on his claim that presidential immunity protects him from prosecution for his role in the Jan. 6 attack. In a post to his Truth Social platform early Monday, Trump said he plans to attend oral arguments on his presidential immunity claim before the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday.... 'Of course I was entitled, as President of the United States and Commander in Chief, to Immunity. I wasn't campaigning, the Election was long over,' he wrote. 'I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running running our Country.... If I don't get Immunity, then Crooked Joe Biden doesn't get Immunity,' Trump wrote, before criticizing the Biden administration...." ~~~

     ~~~ Stephen Collinson of CNN: "If he were able to establish in the courts, albeit in a long-shot case, that an ex-president is free from prosecution for alleged crimes he committed while in power, he could not only loosen the constitutional guardrails around the office if he wins in November. He could change the way presidents act in the future -- and the extent to which any autocratic instincts can be held in check. Trump has already given a sobering warning of how he would react if his appeal is denied and he ends up back in the White House.... Trump's beliefs, and misunderstanding, of the job of the presidency were perhaps best summed up by his statement in July 2019 that the Constitution gave him untamed power. 'I have an Article II, where I have to the right to do whatever I want as president,' he said. 'But I don't even talk about that.' Article II of the Constitution lays out the duties of the presidency -- but it does not, in conventional interpretations, at least -- suggest unfettered executive authority."

Aishvarya Kavi of the New York Times: "A driver crashed into an exterior gate near the White House shortly before 6 p.m. Monday and was taken into custody, the Secret Service said, adding that the agency was still investigating whether the crash was intentional.... President Biden was not at the White House during the crash." MB: Okay, so maybe not Trump's fault. ~~~

     ~~~ Trump's Fault. Michael Kosnar & Zoe Richards of NBC News: "Special counsel Jack Smith, who is overseeing the prosecution of ... Donald Trump in two federal cases, was the target of an attempted swatting at his Maryland residence on Christmas Day. According to two law enforcement sources, someone called 911 and said that Smith had shot his wife at the address where Smith lives. Montgomery County Police dispatched units toward the home but were called off when the Deputy U.S. Marshals protecting Smith and his family told police that it was a false alarm and that everyone inside the home was safe." ~~~

     ~~~ Trump's Fault. Rebecca Shabad, et al., of NBC News: "Police and fire trucks showed up Sunday night at the house of Tanya Chutkan, the federal judge overseeing ... Donald Trump's election interference case after she appeared to be the target of an attempted 'swatting' attack. Police confirmed to NBC News that they responded to false reports of a shooting at a house that a witness identified as Chutkan's home. A law enforcement official also confirmed that it was Chutkan's home and that she was home when police arrived at her residence." ~~~

     ~~~ Marie: Maybe you think swatting is a fairly harmless waste of police time and money, but a few people have been killed in the course of swatting incidents.

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California Special House Election. Azi Paybarah of the Washington Post: "California Gov. Gavin Newsom (D) called Monday for a special election for May 21 to fill the remainder of the term of former congressman Kevin McCarthy, the California Republican who retired last month after becoming the first House speaker voted out of his leadership position. The primary will take place on March 19, giving candidates in the solidly Republican, Bakersfield area district longer to campaign than many expected. The race has already attracted a competitive field."

Florida. Patricia Mazzei of the New York Times: "The Republican Party of Florida ousted its chairman on Monday, more than a month after the police in Sarasota confirmed that he was under criminal investigation for sexual assault. For weeks, Christian Ziegler, the chairman, resisted calls for him to step down, keeping the scandal in the headlines.... In mid-December, the state party's executive committee censured Mr. Ziegler and stripped him of his duties and annual salary of $120,000 after Gov. Ron DeSantis, Senator Rick Scott and some county-level Republican chairs had urged him to go. Mr. Ziegler was removed by a voice vote of about 200 party members during a meeting in Tallahassee. Only a handful opposed the motion, which included a statement saying that Mr. Ziegler was no longer a member in good standing with the party. He was replaced by Evan Power, the head of the Leon County Republican Party in Tallahassee, who had been the state party's vice chairman." Politico's story is here.

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Israel/Palestine. The Washington Post's live updates of developments Tuesday in the Israel/Hamas war are here: "Secretary of State Antony Blinken met with Prime Minister Benjamin Netanyahu and other top Israeli leaders Tuesday, as part of a tour of the Middle East aimed at defusing regional tensions and preventing the conflict in Gaza from spreading. On the visit, he is seeking to build a consensus on the future governance of the Palestinian enclave as well as increase the flow of humanitarian aid into Gaza and reduce civilian deaths in the fighting.... Israel said it killed a Hezbollah commander in southern Lebanon -- a rare admission of a targeted killing in another country -- calling it 'part of the war.' In response, Hezbollah said it launched a drone attack on a northern Israeli military base Tuesday. Israel's Supreme Court rejected a petition by the Foreign Press Association to allow foreign media to freely enter into Gaza to report on the conflict, Israeli media reported. According to local outlets, the court found that restrictions on press freedom were necessary to protect Israeli military operations." ~~~

     ~~~ The New York Times' live updates for Tuesday are here. CNN's live updates are here: "US President Joe Biden said Monday he's been quietly working to persuade the Israeli government to 'reduce -- significantly get out of Gaza."

News Ledes

Weather, Weather Everywhere. AP: "A sprawling storm hit the South with tornado warnings and high winds that blew roofs off homes, flipped over campers and tossed about furniture in Florida on Tuesday. Another storm brought cities across the Midwest to a standstill with more than half a foot of snow, stranding people on highways as it headed to the Northeast. In the South, the violent storm with 55 mph (88 kph) winds and hail moved through the Florida Panhandle and into parts of Alabama and Georgia by sunrise Tuesday, along with at least several reports of radar-confirmed tornadoes, the National Weather Service said. A wind gust of 106 mph (171 kph) was recorded before dawn near the coast in Walton County, Florida."

Texas. New York Times: "At least 21 people were injured in an explosion that was most likely caused by a gas leak and substantially damaged a hotel in downtown Fort Worth on Monday afternoon, the authorities said. One person was in critical condition and four were seriously injured, the police said in an evening update. Fourteen people were transported to a hospital, and one person went to a hospital on their own, the police said. Earlier, the authorities had said that one person was missing, but they noted later that the person had been found."

New York Times: "Federal investigators said late Monday that it was possible that the bolts that were supposed to keep a fuselage panel in place were never installed before the panel blew off an Alaska Airlines Boeing 737 Max 9 in a near-disastrous accident on Friday night.... United Airlines said it had found loose bolts on similar panels on some of its Max 9 jets while preparing them for inspection after the midair emergency, and Alaska Airlines said it had also found 'loose hardware' on Max 9s."

The Conversation -- January 8, 2024

I'm IMU-U-U-UNE! Zachary Cohen of CNN: "... Donald Trump is seeking to have the sweeping criminal conspiracy case against him in Georgia thrown out by arguing he is protected from prosecution under presidential immunity. Trump's immunity claims in the Georgia case, filed on Monday as part of a motion to dismiss state-level criminal charges against the former president, are similar to those argued by his defense team in the federal election subversion case.... Trump's attorney argues that the specific acts in Fulton County District Attorney Fani Willis' indictment 'lie squarely within the 'outer perimeter' of the President's official duties.'... On Tuesday, the DC US Circuit Court of Appeals will hear arguments by attorneys for Trump and special counsel Jack Smith over the same two claims of immunity, a hearing Trump himself is set to attend."

News Flash! RAS Solves National Mystery. Discovers the Source of Trump's MAGA Dome (related story linked under "Musings of the Mango Moron"):

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Carl Hulse of the New York Times: "Senate and House leaders announced on Sunday that they had struck an overarching agreement on 2024 government funding, but it was not clear whether they would be able to cement the deal and pass it into law in time to avert a partial government shutdown in less than two weeks. After weeks of negotiations and on the eve of Congress returning from its holiday break, top Senate and House members said they had agreed to set the total amount of spending at nearly $1.66 trillion, bringing funding in line with the deal struck last year between President Biden and then-Speaker Kevin McCarthy that met with vehement conservative opposition." (Also linked yesterday.) The AP's story is here.

Kelly Garrity of Politico: "House Speaker Mike Johnson called suggestions that he is an election denier 'nonsense,' but refused to affirm that President Joe Biden won the 2020 election during an interview that aired Sunday. The Constitution was 'clearly violated during the 2020 election,' the Louisiana Republican told CBS' Margaret Brennan during an interview on 'Face The Nation.'... 'The Constitution was violated in the run up to the 2020 election, not always in bad faith, but in the aftermath of Covid, many states changed their election laws in ways that violated that plain language. That's just a fact,' Johnson said. Saying it was now 'water under the bridge,' Johnson noted that he works 'with President Biden as the President of the United States.'" (Also linked yesterday.) ~~~

~~~ Summer Concepcion of NBC News: "Rep. Elise Stefanik, R-N.Y. [the fourth-ranking House Republican], on Sunday wouldn't commit to certifying the 2024 election results during an interview on NBC News' 'Meet the Press.'... After [host Kristen] Welker pressed her [twice, Stefanik said,] 'We will see if this is a legal and valid election.... What we're seeing so far is that Democrats are so desperate, they're trying to remove President Trump from the ballot. That is a suppression of the American people.'... Stefanik ... said that she did not vote to certify the 2020 results in the state of Pennsylvania and several other states because there were 'unconstitutional acts circumventing the state legislature and unilaterally changing election law.'" (Also linked yesterday.) ~~~

     ~~~ Marie: So now we know the new talking point, one apparently meant to imply that these folks are sane, that they know the vote tallies show Joe Biden won, but that the election itself was illegitimate. Because "Constitutional violations." Because Covid.

Today's Police Blotter -- Congressional Edition. Guardian: "Rightwing US congresswoman Lauren Boebert is denying allegations that she punched her ex-husband in the face in public after police in Colorado were reportedly called out to an encounter involving the pair Saturday night at a restaurant. The Daily Beast .... said that Jayson Boebert called police claiming that he was a 'victim of domestic violence'. In an interview with the Daily Beast, Jayson Boebert alleged that the congresswoman had 'punched' him in the face several times. He claimed to have a witness to the events. 'I didn't punch Jayson in the face and no one was arrested,' Boebert said in a statement provided to reporter Kyle Clark of television station KUSA.... In an interview with the Denver Post, Jayson Boebert said he told police he does not want to press charges. 'I don't want nothing to happen,' Jayson Boebert said. 'Her and I were working through a difficult conversation.'" MB: Me and Jayson says English sentences is hard ti make.

Trump's Former Golf Caddy Talks! Katherine Faulders, et al., of ABC News: "Special counsel Jack Smith's team has uncovered previously undisclosed details about ... Donald Trump's refusal to help stop the violent attack on the U.S. Capitol three years ago as he sat watching TV inside the White House, according to sources.... Many of the exclusive details come from the questioning of Trump's former deputy chief of staff, Dan Scavino.... Scavino wouldn't speak with the House select committee.... Sources said Scavino told Smith's investigators that as the violence began to escalate that day, Trump 'was just not interested' in doing more to stop it.... After unsuccessfully trying for up to 20 minutes to persuade Trump to release some sort of calming statement, Scavino and others walked out of the dining room, leaving Trump alone, sources said. That's when, according to sources, Trump posted a message on his Twitter account saying that Pence 'didn't have the courage to do what should have been done.' Trump's aides told investigators they were shocked by the post." There's more. (Also linked yesterday.)

Musings of the Mango MoronTM Jeanne

Jeff Stein of the Washington Post: "Donald Trump is vowing sweeping changes to the nation's economy that threaten to reignite inflation -- even as the former president blames President Biden for higher prices and says he'll bring the problem under control.... Trump has proposed imposing unprecedented new tariffs on trillions of dollars worth of imports and deporting undocumented workers on a vast scale. Both campaign pledges risk exacerbating the price spikes that have subsided over the last year, according to liberal and conservative economists alike, in addition to some estimates cited by the former president's own advisers. If he's elected, Trump could implement these policies at least in part without needing Congress to act." MB: All together now, "Who pays the tariffs? Not China, et al., as Trump claims, but American consumers."

Caleb Howe of Mediaite: "... Donald Trump held multiple rallies in Iowa over the weekend ... and made many campaign promises such as solving the Ukraine war, saving the country from President Joe Biden, and when speaking in Newton, to 'build a giant dome over our country to protect us from a hostile source.'... 'And, you know, those domes are starting to work,' said Trump, referencing defense systems such as Israel's notable 'Iron Dome' and referring back to the 'Star Wars' defense initiative proposed under legendary Cold War victor, Republican President Ronald Reagan in the 1980s. Trump then did a small performance complete with the 'bing, bing, bing' sounds to liven up the quiet audience on the subject of a dome. 'You know, when I watch, uh, our guys operate those things, it's unbelievable. Missile coming in, missile coming in. These geniuses sit down. Most of them are, you know, they're from MIT. But they sit down, bing bing bing bing, boom, ph-sheee. It's gone. It's amazing.'" Thanks to Akhilleus for the link. MB: I think Trump understands Israel's "Iron Dome" is not like that fancy silverplate one I put over the turkey to keep it warm after I've taken it out of the oven, but I can't be 100% sure. ~~~

     ~~~ Marie: One thing Trump's comical giant-dome promise reinforces besides our confidence in his crazy: he cares nothing about international peace and maintaining relationships with other countries. That's a fatal flaw in any U.S. leader. Here's how Trump justifies his promised multi-trillion-dollar giant dome: "I mean, isn't that better than giving other countries billions of dollars? Billions. We're going to get billions of dollars out of the countries and so they can build a dome, but we don't have a dome ourselves. We're going to have the greatest dome ever." Here again, it's necessary to try to guess what he means, but what I think he means is that he's taking an every-country-for-herself approach to the dysfunctional family of nations. He'll withhold military aid to our allies and let them fend for themselves.

The Art of the Deal. If Only Lincoln Had Been as Smart as Trump. Marianne LeVine of the Washington Post: "... Donald Trump suggested Saturday at a campaign event [in Iowa] that the U.S. Civil War 'could have been negotiated,' a remark that drew criticism from historians as well as political opponents. 'The Civil War was so fascinating, so horrible,' Trump said. 'So many mistakes were made. See, there was something I think could have been negotiated, to be honest with you. I think you could have negotiated that. All the people died, so many people died. You know, that was the disaster.' Trump went on to ... suggest that 'Abraham Lincoln, of course, if he negotiated it, you probably wouldn't even know who Abraham Lincoln was.'... David Blight, a history professor at Yale University, described Trump's suggestion that the Civil War could have been negotiated as 'elementary school nonsense' and 'historically ignorant.'... Former House member Liz Cheney (R-Wyo.) posted on X: 'Which part of the Civil War "could have been negotiated"? The slavery part? The secession part? Whether Lincoln should have preserved the Union?...'" CNN's story is here. (Also linked yesterday.) ~~~

     ~~~ Marie: The odd part about this is that Trump has no idea he embarrasses himself every time he opens his mouth.

Forrest M. pointed out in yesterday's Comments that Trump was not merely a better president* than Lincoln because he would have negotiated the states out of the Civil War before it started. Why, in his spare time, he's a brilliant scientist, too! ~~~

     ~~~ Kelly McClure of Salon: At an event in Iowa (where somehow he got to talking about magnetic elevators): "Trump said, 'Think of it, magnets. Now all I know about magnets is this, give me a glass of water, let me drop it on the magnets, that's the end of the magnets. Why didn't they use John Deere? Why didn't they bring in the John Deere people? Do you like John Deere? I like John Deere.' After a bit more along these same lines, Trump did a little dance and left the stage." (Also linked yesterday.) ~~~

     ~~~ Marie: That's a radical scientific theory, akin to the theory of drinking bleach to cure Covid. Oddly, any number of sciency guys write this, or a variation thereof: "Magnets work great underwater. You can even get special magnets ... to pick up objects containing iron that have fallen into lakes or wells."

Marie: If the late, great Norm Macdonald were saying exactly this stuff, with a twinkle in his eye and a sardonic half-smile, you'd be laughing your head off. When a madman who was president* and might become president* again says it, with no irony intended, it ain't funny, McGee. ~~~

~~~ Presidential Race 2024

Colleen Long & Zeke Miller of the AP: "On Monday, [President] Biden heads to Charleston, South Carolina, to Mother Emanuel AME Church, the site of a 2015 racist massacre in which nine Black churchgoers were shot to death during Bible study. The event comes after a blunt speech by the Democratic president on the eve of the anniversary of the Jan. 6, 2021, riot at the U.S. Capitol, in which he excoriated ... Donald Trump for 'glorifying' rather than condemning political violence. It's a grim way to kick off a presidential campaign, particularly for a man known for his unfailing optimism and belief that American achievements are limitless. But his campaign advisers and aides say it's necessary to lay out the stakes in unequivocal terms, particularly after a few years without the cultural saturation of Trump's words and actions. And it's an effort to set up the contrast they hope will be paramount to voters in 2024." The New York Times story is here. MB: Wonder if Biden will mention former S.C. Gov. Nikki Slavery-Denier Haley at the site of this racist slaughter.

Maggie Astor of the New York Times: "In a flurry of appearances and commentary, former Representative Liz Cheney has stepped up her denunciations of ... Donald J. Trump in a last-ditch effort to persuade Republicans not to nominate him again. [After remarks on Friday and Saturday (previously reported in stories linked here),] in an interview on Sunday on 'Face the Nation' on CBS News, she denounced Mr. Trump's attempts to end or delay his criminal trials by arguing that he had immunity against charges related to anything he did in office.... 'He's trying to delay his trial because he doesn't want people to see the witnesses who will testify against him,' she continued.... She endorsed efforts to remove him from ballots under Section 3 of the 14th Amendment."

New York Times Editors: "During his many years as a real estate developer and a television personality, then as president and as a dominant figure in the Republican Party, Mr. Trump demonstrated a character and temperament that render him utterly unfit for high office. As president, he wielded power carelessly and often cruelly and put his ego and his personal needs above the interests of his country. Now, as he campaigns again, his worst impulses ... are escalating as he tries to regain power.... Re-electing Mr. Trump would present serious dangers to our Republic and to the world. This is a time not to sit out but instead to re-engage." ~~~

     ~~~ Marie: The sentiment, "So-and-So is so bad, he could not get elected dogcatcher" is no longer hyperbole. Trump would be such a horrible dogcatcher that the SPCA would bring impeachment proceedings his first week on the job.

Marie: Here's another major difference between the Biden and Trump administrations that I'd sort of forgotten. I was watching a rerun of CNN's special on the insurrection, and it included a clip of former Assistant AG Steven Engel testifying before the January 6 committee that he told Trump on January 3, 2021, "I've been with you through four attorneys general, including two acting attorneys general, but I couldn't be part of this," "this" being the installation of Jeffrey Clark as AG. Trump was always unceremoniously firing top aides & Cabinet members, including the most important Cabinet officer, Secretary of State Rex Tillerson, whom Trump reportedly canned while Tillerson was on the can. Contrast this record with a sentence from Missy Ryan's report (linked below): "Almost every seat in [Biden]'s Cabinet is filled by the same person he picked more than three years ago, with loyalty going both ways."

Missy Ryan, et al., of the Washington Post: "President Biden retains confidence in Defense Secretary Lloyd Austin, officials said Sunday, despite widespread surprise and consternation following the Pentagon chief's failure to disclose a prolonged hospitalization to the White House or the public last week.... A Pentagon spokesman, Maj. Gen. Patrick Ryder, said on Sunday that Austin was transported by ambulance to Walter Reed on Jan. 1 after suffering 'severe pain' following his procedure on Dec. 22. He was placed in intensive care, and then remained there 'in part due to hospital space considerations and privacy,' Ryder said. The days-long silence, a departure from the disclosure that routinely occurs regarding the whereabouts and health conditions of the president and top Cabinet members, elicited bewilderment and frustration across the Biden administration and among leading members of Congress. Even top officials at the White House, including national security adviser Jake Sullivan, were not informed of Austin's hospitalization until late afternoon Jan. 4."

Valerie Gonzolez & Elliot Spagat of the AP: Mexico has increased "enforcement actions that U.S. officials say have contributed to a sharp drop in illegal border crossings. In addition to forcing migrants from trains, Mexico also resumed flying and busing them to the southern part of the country and started flying some home to Venezuela.... Arrests for illegal crossings into the U.S. from Mexico fell to about 2,500 on Monday, down from more than 10,000 on several days in December, according to U.S. authorities."

Christian Davenport of the Washington Post: "A commercial spacecraft bound for the lunar surface lifted off from Cape Canaveral early Monday in the first launch of a U.S. space mission designed to land softly on the moon since the last of the Apollo flights in 1972. The Peregrine spacecraft, designed and operated by Astrobotic, an aerospace company based in Pittsburgh, carries a suite of science experiments but no people. Its launch at 2:18 a.m. Eastern was the first flight of the United Launch Alliance's Vulcan rocket. The launch was only the first step in a perilous and complicated journey to the moon, but if all goes well, the six-foot-tall lander is expected to touch down Feb. 23."

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California. Colbi Edmonds of the New York Times: "California is barred again from enforcing its ban on guns in most public places after a federal appeals court ruled on Saturday that a lower court's block on the ban should stand.... After concealed-carry permit holders and other gun-rights organizations sued the state, arguing that the law was unconstitutional, Judge Cormac J. Carney of the U.S. District Court for the Central District of California blocked enforcement of the law, on Dec. 20.... Just last weekend, on Dec. 30, a panel of judges at the U.S. Court of Appeals for the Ninth Circuit put the injunction on hold, clearing the way for the law to take effect. But on Saturday, a different set of Ninth Circuit judges dissolved that ruling, reinstating the lower court's injunction."

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Israel/Palestine. The Washington Post's live updates of developments Monday in the Israel/Hamas war are here: "Secretary of State Antony Blinken is set to meet leaders in the United Arab Emirates and Saudi Arabia on Monday, as part of a tour of the Middle East that will include a trip to Israel, aimed at preventing the war in Gaza from escalating. The World Health Organization said visits to central Gaza's last functioning hospital, al-Aqsa, revealed 'sickening scenes' of people being treated on blood-streaked floors amid 'troubling reports' of nearby fighting and the forced evacuation of patients and workers.... Speaking in Doha, Qatar, Blinken described the killing of the son of Al Jazeera's Gaza bureau chief as 'an unimaginable tragedy.' Hamza al-Dahdouh, 27, was a reporter like his father.... Israeli forces struck Lebanon overnight, hitting what they said were "Hezbollah targets' near the country's border with Israel...." ~~~

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

News Ledes

Washington Post: “The door plug that blew out of an Alaska Airlines flight over Portland, Ore., on Friday has been found in a schoolteacher's backyard, amid investigations into the explosive depressurization accident that triggered an emergency landing and resulted in extensive damage to the inside of the Boeing 737-9 Max airplane.... The NTSB ... [had] asked people living or working near the site of the emergency landing to check their rooftops for any fallen parts, and to search their security camera recordings around the time of 5:11 p.m. for any potential evidence that would help investigators.... NTSB investigators were unable to uncover communications from the cockpit voice recorder, which overwrites itself every two hours and was not recovered before the recording had been automatically erased. [NTSB Chair Jennifer] Homendy called on the Federal Aviation Administration to implement a rule that would require the automatic overwrite time to be increased to 25 hours, a standard she said the NTSB has called for and is 'consistent with Europe and many other countries.'" ~~~

     ~~~ CNN's report is here. ~~~

~~~ New York Times: "The Alaska Airlines plane that lost a piece of its fuselage in midair on Friday was not being used in long flights over water because a pressurization warning light had gone off during three recent flights, the National Transportation Safety Board said on Sunday."

New York Times: "A conveyor belt of extreme and powerful weather systems is expected to move across the United States this week, bringing blizzards to the center of the country and heavy rain and flash flooding to the Northeast, forecasters warn." MB: Here in the balmy Northeast, I did get nearly a foot of snow yesterday.