The Conversation -- December 11, 2023
** Devlin Barrett, et al., of the Washington Post: "The Supreme Court said Monday it will consider special counsel Jack Smith's request to fast-track consideration of Donald Trump's claim he is immune from prosecution for alleged election obstruction in 2020 -- intensifying the legal jockeying over whether Trump's criminal trial in D.C. will stay on schedule for early next year. The decision by the nation's highest court doesn't mean that the justices will definitely short-circuit the typical appeals process, but it means they are going to hear arguments from both sides about whether they should act quickly. Trump's lawyers were told to file briefs on the issue by Dec. 20. The quick response by the Supreme Court came hours after Smith's office filed its request seeking to essentially leapfrog an appeals court process that Trump has already started but which could take months to resolve." The ABC News report is here. ~~~
~~~ Adam Liptak & Alan Feuer of the New York Times: "Jack Smith, the special counsel prosecuting ... Donald J. Trump on charges of plotting to overturn the 2020 election, asked the Supreme Court on Monday to rule on Mr. Trump's argument that he is immune from prosecution. The request was unusual in two ways: Mr. Smith asked the justices to rule before an appeals court acted, and he urged them to move with exceptional speed. 'This case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,' Mr. Smith wrote. He added that speed was of the essence, as Mr. Trump's appeal of a trial judge's ruling rejecting his claim of immunity suspends the trial of the charges against him. The trial is scheduled to begin on March 4 in Federal District Court in Washington." The NBC News story is here. ~~~
~~~ Matt Naham of Law & Crime: "'... The Court should grant a writ of certiorari before judgment to ensure that it can provide the expeditious resolution that this case warrants, just as it did in United States v. Nixon,' Smith wrote.... 'It is of paramount public importance that respondent's claims of immunity be resolved as expeditiously as possible -- and, if respondent is not immune, that he receive a fair and speedy trial on these charges. The public, respondent, and the government are entitled to nothing less,' Smith wrote." See also Akhilleus' commentary in today's thread. ~~~
~~~ You can read Smith's petition here, via the Supreme Court.
Russia. This Story Will Not End Well. Francesca Ebel of the Washington Post: "Supporters of jailed Russian opposition leader Alexei Navalny said Monday that they had lost contact with him and that they have been unable to ascertain his whereabouts for almost a week. Navalny, who has been convicted on an array of charges widely viewed as political retribution and carrying combined sentences totaling 30 years, was no longer in the prison colony IK-6, in the Vladimir region, about 140 miles east of Moscow where he had been held in recent months, his spokeswoman, Kira Yarmysh, posted Monday on X. Following his conviction last summer on extremism charges, Navalny was due to be transferred to a 'special security' penal colony, a facility with the most severe restrictions in the Russian prison system, but officials from Russia's penitentiary service had not informed Navalny's lawyers or family of his new location." CNN's story is here.
** Texas Horror Story. David Goodman of the New York Times: "The Texas Supreme Court on Monday overturned a lower court order allowing an abortion for a pregnant woman whose fetus was diagnosed with a fatal condition, hours after her lawyers said she had decided to leave Texas for the procedure in the face of the state's abortion bans. The court ruled that the lower court made a mistake in ruling that the woman, Kate Cox, who is more than 20 weeks pregnant, was entitled to a medical exception. In its seven-page ruling, the Supreme Court found that Ms. Cox's doctor, Damla Karsan, 'asked a court to pre-authorize the abortion yet she could not, or at least did not, attest to the court that Ms. Cox's condition poses the risks the exception requires.' Texas' overlapping bans allow for abortions only when a pregnancy seriously threatens the health or life of the woman." ~~~
~~~ Earlier Monday. Eleanor Klibanoff of the Texas Tribune: "Kate Cox, a Dallas woman who sued for the right to terminate her non-viable pregnancy, has left Texas to have an abortion outside the state. Last Tuesday, Cox filed a historic lawsuit, asking the courts to allow her to terminate her pregnancy after she learned her fetus had full trisomy 18, a lethal fetal anomaly..., but her doctors refused to perform an abortion due to the state's near-total ban on the procedure. Travis County District Judge Maya Guerra Gamble ruled Thursday that neither Cox, nor her husband or OB/GYN, should be criminally or civilly penalized for terminating her pregnancy. Texas Attorney General Ken Paxton filed an emergency petition, asking the state Supreme Court to overturn that ruling. On Friday night, the high court put Guerra Gamble's order on hold while they considered the merits of the case. Meanwhile, though, Cox's condition was deteriorating, and she was in and out of the emergency room, according to her lawyers.... The Center for Reproductive Rights intends to continue litigating this case before the Texas Supreme Court, according to a letter sent to the court clerk Monday."
Annie Grayer & Marshall Cohen of CNN: "House Republicans are preparing to formalize their impeachment inquiry into President Joe Biden with a House vote this week, as their investigation reaches a critical juncture while right-wing pressure grows. Up until this point, House Republicans have not had enough votes to legitimize their ongoing inquiry with a full chamber vote. The probe has struggled to uncover wrongdoing by the president which is why it hasn't garnered the unified support of the full GOP conference. Former House Speaker Kevin McCarthy unilaterally launched the inquiry in September, even though he had previously criticized Democrats for taking the same step in 2019 when they launched the first impeachment probe of ... Donald Trump without taking a vote at the beginning." ~~~
~~~ Andrew Kaczynski & Em Steck of CNN: "House Speaker Mike Johnson is pursuing an impeachment strategy against President Joe Biden that he once said could cause 'irreparable damage' to the country when Democrats sought to oust ... Donald Trump.... Just four years ago, Johnson blasted Democrats for opening an impeachment inquiry into Trump largely along party lines less than a year before the next presidential election -- the exact circumstances Johnson finds himself in now.... He argued the Democrats' grievances against Trump should be settled by voters and not through such an extreme remedy as impeachment."
Emily Badger, et al., of the New York Times: "Sometime around 2009, American roads started to become deadlier for pedestrians, particularly at night. Fatalities have risen ever since, reversing the effects of decades of safety improvements. And it's not clear why.... Nothing resembling this pattern has occurred in other comparably wealthy countries. In places like Canada and Australia, a much lower share of pedestrian fatalities occurs at night, and those fatalities -- rarer in number -- have generally been declining, not rising." Experts not only missed this trend, they don't agree on the reasons for it: "Speed limits on local roads are often higher in the U.S., laws and cultural prohibitions against dangerous driving can be weaker, and American infrastructure in many ways has been designed to enable speeding cars.... The most obvious potential risks that have changed in America since 2009 are found inside vehicles -- in the drivers there fiddling with smartphones, in the dashboard displays that have grown ever more complex, in the growing weight and force of vehicles themselves.... [Also,] the pervasiveness in the U.S. of automatic transmissions, which help free up a driver's hand for other uses." ~~~
~~~ Marie: I haven't driven a stick-shift since 2009, when a dealer told my husband that stick-shifts were hard to sell because nobody knew how to drive them. But I noticed the other day that I was driving in town with my right hand on the stick, even though my car has an automatic shift and I had no intention of manually shifting gears. And I still, when I have to come to a quick stop, sometimes also bear down on the clutch-that isn't-there with my left foot. Old habits die hard.
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Marie: digby posts answers to the central question I had when I read about Hunter Biden's nine-count indictment: how come it included details of how Hunter spent money on frivious and/or illegal things when all tax evaders spend money on things that are not tax payments, some of those other things often being frivolous or even illegal? Former prosecutor Harry Litman answers: "Huge chunks of the 56-page indictment of Hunter Biden are about his'extravagant lifestyle,' drugs escorts etc. The relevance of this info to non-payment of taxes is tenuous in the extreme. But it certainly dirties him up."
And former prosecutor Shan Wu concludes, "... Weiss' indictment includes gratuitous digs at what can only be construed as Hunter Biden's character rather than his alleged tax evasion.... Weiss' rhetorical flourish seems silly since I suspect most people who fail to pay the taxes also spend their money on things other than paying their taxes. Weiss' focus on the more sensationalistic aspects of the spending seems to be a result of his wanting to play in the echo chamber of the holier-than-thou conservative right. But Biden isn't being prosecuted for being a drug addict or engaging in prostitution. He's being prosecuted for tax evasion." Read the whole post, as the former prosecutors may answer your questions, too, about an indictment that looks to me like a travesty of justice. Thanks to RAS for the link. (Also linked yesterday.)
Marie: Rep. Jamie Raskin (D-Md.) was wondering on the teevee Sunday morning why Rep. Elise Stefanik (R-N.Y.) is so exercised about antisemitism on campus when she supports a presidential* candidate who dines with a Holocaust denier (Nick Fuentes). And I'm wondering the same thing when you consider that most of the on-the-ground "generals" in the Trump insurrection were white supremacists of the sort who like to chant, "Jews will not replace us." It would seem Rep. Stefanik's "principles" are mighty selective.
Alan Feuer of the New York Times: "Federal prosecutors on Sunday asked the judge handling ... Donald J. Trump's trial on charges of plotting to overturn the 2020 election to reject his request to freeze the case in its entirety as Mr. Trump appeals her recent ruling that he is not immune from prosecution. The prosecutors told the judge, Tanya S. Chutkan, that even as the former president's appeal of the immunity decision moved forward, she should continue working on several of the unresolved legal issues in the case and not postpone the trial's current start date of March 4.... The expansive stay Mr. Trump's lawyers have asked for would in essence stop the case in its tracks. The appeal is the centerpiece of a long-planned strategy by the former president's legal team to postpone the trial in Federal District Court in Washington until after the 2024 election."
An 11th-Hour Retreat. Jonah Bromwich of the New York Times: "Donald J. Trump has decided not to return to the witness stand to testify on Monday as he had planned, setting up an abrupt and anticlimactic ending to the defense's case in his civil fraud trial in Manhattan. As recently as Sunday morning, Mr. Trump had been expected to testify in his own defense in the case.... But just before 3:30 in the afternoon, Mr. Trump announced on his social media platform in two all-caps messages that he had already testified 'very successfully and conclusively' and that 'I will not be testifying on Monday.'... When he first testified, in early November, the former president ... lashed out at those he perceived as his enemies -- including [New York AG Letitia] James and Justice [Arthur] Engoron -- while admitting to some involvement in the conduct at the heart of the case." The NBC News story is here.
Alan Feuer of the New York Times: "There will be no good news -- only shades of bad -- for Rudolph W. Giuliani when he appears in court on Monday for a trial to determine how much he will have to pay two Georgia election workers he lied about after the 2020 presidential race. Nearly two years ago, the election workers, Ruby Freeman and Shaye Moss, sued Mr. Giuliani for defamation, accusing him of some of the most pernicious falsehoods to have emerged from his attempts to keep his friend and client, Donald J. Trump, in office. Over and over, the women claimed, Mr. Giuliani dishonestly asserted that they had tried to cheat Mr. Trump out of a victory by manipulating ballots they were counting at the State Farm Arena in Atlanta. After fighting the case for months, Mr. Giuliani reversed himself this summer and, seeking to avoid crippling legal fees, abruptly acknowledged that his serial attacks against the women were false. Weeks later, a federal judge agreed with him and entered a judgment holding him liable for defamation, civil conspiracy and intentional infliction of emotional distress." ~~~
~~~ Rule 1: Do not befriend Donald Trump. Rule 2: Trump will corrupt you (even if you're already a slimy bastard). Rule 3: Your corrupt acts on Trump's behalf will get you into trouble. Rule 4: Trump will abandon you. Rule 5: Do not befriend Donald Trump.
Presidential Race 2024
Jason Beeferman of Politico describes a MAGA gala sponsored by the New York Young Republicans Club. Keynote speaker: Donald Trump, who doubled down on his Day One Dictatorship plans. Trump did repeat his Day One plans for a border wall and oil-drilling, but he also expanded on his Day One Dictator agenda: "'On day one, I will break up the Biden administration's illegal censorship machine and any official who has violated Americans constitutional rights will be held very, very accountable,' Trump said." MB: Day One, BTW, does not begin until noon and would be filled with a fake oath-taking, a presidential* speech, a parade, and numerous balls & galas. Since Trump has never done a full day's work when he had a full day to do it, we'll just have to assume that Day One will last quite a long time.
Kelly Garrity of Politico: "Former House Speaker Kevin McCarthy has officially pledged his fealty to ... Donald Trump in the 2024 presidential election -- despite some concerns about Trump's messaging. 'What President Trump needs to do in this campaign, it needs to be about rebuilding, restoring, renewing America. It can't be about revenge,' McCarthy said during an interview with CBS' Robert Costa that aired Sunday. 'He's talking about retribution, day in, day out,' Costa pointed out. 'He needs to stop that,' McCarthy responded, adding later that he expects Trump 'adapt' when he 'gets all the facts.'" MB: Yes, yes, that's just like Trump: adapting when he gets all the facts. A pragmatic realist, if there ever was one.
X: the Place for Antisemites to Let Loose. Emily Wax-Thibodeaux of the Washington Post: "The account of conspiracy theorist Alex Jones was restored on X, formerly known as Twitter, on Sunday after owner Elon Musk conducted a poll among followers on Saturday and pronounced: 'The People have spoken and so it shall be. This will be bad for X financially, but principles matter more than money,' he added. It's a reversal of a 2018 decision by the social media platform's former management to ban Jones after he promoted hate speech and antisemitic conspiracy theories and elevated extremist voices." MB: If only those free-speech-advocating university presidents had conducted polls to find out how many of the kids were down with antisemitic conspiracy theories. I see their inquisitor Elise Stefanik is still on X & is using her account to boast of her victory over campus antisemitism. Whatta gal!
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Pennsylvania. Chris Walker of Truthout: "A newly inaugurated school board president in a Philadelphia suburb took an oath of office Monday evening by placing her hand on a stack of books that have been targeted by book bans. Karen Smith, an incumbent member of the Central Bucks School District board, won reelection in November, helping to lead Democrats in taking control of the board from Republicans who had sought to implement restrictions in the district's libraries." One of the banned books: Night, by Holocaust survivor and Nobel Peace prize winner Elie Wiesel. MB: Um, isn't it antisemitic to ban a memoir about the horrors of the Holocaust, especially when the narrative covers a period when Wiesel was still a teenager, so, you know, age-appropriate? (Also linked yesterday.)
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Israel/Palestine
The Washington Post's live updates of developments Monday in the Israel/Hamas war are here: "The Israel Defense Forces said it is fighting 'fierce and difficult battles' across Gaza, including in three Hamas 'strongholds': Khan Younis, the largest city in southern Gaza, and Shejaiya and Jabalya in the north. World Health Organization director Tedros Adhanom Ghebreyesus warned that Gaza's health system is near collapse, saying a cease-fire is 'the only way to truly protect and promote the health of the people of Gaza.'" ~~~
~~~ The New York Times' live updates for Monday are here. CNN's live updates are here.
Kelly Garrity of Politico: "As the war between Israel and Hamas passes the two-month mark, it's still unclear how the fighting will end and how long it will last, Secretary of State Antony Blinken said Sunday. 'We have these discussions with Israel including about the duration as well as how it is prosecuting this campaign against Hamas. These are decisions for Israel to make,' Blinken said Sunday during an interview on CNN's 'State of the Union.' 'But Hamas has decisions to make, too. It could get out from hiding behind civilians tomorrow. It could put down its arms tomorrow. It could surrender tomorrow and this would be over,' he added."
Ukraine, et al. Michael Shear & Karoun Demirjian of the New York Times: "President Volodymyr Zelensky of Ukraine will travel to Washington on Tuesday for a last-ditch lobbying effort with President Biden and members of Congress aimed at securing billions of dollars of U.S. aid, officials said on Sunday.... Last week, Republicans blocked a $110.5 billion emergency spending bill that includes funding for Ukraine's war effort.... Mr. Zelensky will have an opportunity to face some of the lawmakers directly on Tuesday morning during a closed-door session with senators, according to a senior Democratic aide." ~~~
~~~ MEANWHILE. Flora Garamvolgyi & David Smith of the Guardian: "Allies of Hungary's far-right prime minister Viktor Orbán will hold a closed-door meeting with Republicans in Washington to push for an end to US military support for Ukraine.... Members of the Hungarian Institute of International Affairs and staff from the Hungarian embassy in Washington will on Monday begin a two-day event hosted by the conservative Heritage Foundation thinktank."