The Conversation -- May 11, 2024

The only years anybody's ever seen [of Donald Trump's tax returns] showed he didn't pay any federal income tax. -- Hillary Clinton, Sept. 2016 presidential debate

That makes me smart. -- Donald Trump, response

I think he ripped off the tax system. -- Walter Schwidetzky, law professor & partnership taxation expert ~~~

~~~ Donald Trump, Super Tax Cheat. Russ Buettner of the New York Times & Paul Kiel of ProPublica: "... Donald J. Trump used a dubious accounting maneuver to claim improper tax breaks* from his troubled Chicago tower, according to an Internal Revenue Service inquiry uncovered by The New York Times and ProPublica. Losing a yearslong audit battle over the claim could mean a tax bill of more than $100 million.... [The project was] a vast money loser. But ... Mr. Trump ... wrote off the same losses twice.... [In his] tax return for 2008..., he claimed that his investment in the condo-hotel tower met the tax code definition of 'worthless,' [and] report[ed] losses as high as $651 million for the year.... But in 2010..., he shifted the company that owned the tower into a new partnership.... Then he used the shift as justification to declare $168 million in additional losses over the next decade.... The Times and ProPublica, in consultation with tax experts, calculated that the revision sought by the I.R.S. would create a new tax bill of more than $100 million, plus interest and potential penalties." ~~~

     * The link above is to the ProPublica article. The same New York Times article is here.

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Yesterday we learned that some House Republicans want to impeach President Biden because he has said he would withhold some military aid to Israel if Israeli forces carry out Netanyahu's plan to make a massive attack on the Gaza city of Rafah. Rep. Cory Mills (R-Fla.) has said he has drawn up articles of impeachment. So ~~~

~~~ Impeach Reagan! And Bush I! And Ford! and Ike! Peter Baker of the New York Times: President Ronald "Reagan used the power of American arms several times to influence Israeli war policy, at different points ordering warplanes and cluster munitions to be delayed or withheld.... Dwight D. Eisenhower threatened economic sanctions and an aid cutoff to force Israel to withdraw from the Sinai Peninsula after it invaded Egypt in 1956. Gerald R. Ford warned that he would re-evaluate the entire relationship in 1975 over what he considered Israel's recalcitrance during peace talks with Egypt. George H.W. Bush postponed $10 billion in loan guarantees in 1991 in a dispute over settlements in the West Bank." (Also linked yesterday.)

Kevin Freking of the AP: "The independent office that reviews allegations against House members found probable cause that Rep. Troy Nehls [R] of Texas converted campaign funds to personal use, triggering an investigation by the House Ethics Committee, a new disclosure revealed Friday. The recommendation and the full report from the Office of Congressional Ethics were both released Friday, as required under the law.... The office said Nehls declined to cooperate with its investigation.... Nehls, a second-term Republican lawmaker, was a county sheriff for eight years before serving in the House. He's a staunch Donald Trump supporter who attended this year's State of the Union address wearing a T-shirt decorated with Trump's mugshot."

The Trials of Trump & the Trump Mob, Ctd.

Jesse McKinley & Jonah Bromwich of the New York Times: "In a startling precursor to what could be the most explosive testimony in Donald J. Trump's criminal trial, the judge on Friday told prosecutors that he was personally asking that a key witness [-- Michael Cohen --] stop speaking out against the former president.... 'That comes from the bench,' Justice [Juan] Merchan said.... [During Friday's proceedings, prosecutors] prepared for Mr. Cohen's arrival by calling a round of custodial witnesses, whose testimony allowed the prosecutors to introduce important documents, phone logs, and text and email messages -- much of it relevant to Mr. Cohen.... Between the riveting testimony of the porn star, Stormy Daniels, and Mr. Cohen's looming appearance, Friday's session was a moment of calm, the eye of the storm that is the first criminal trial of an American president." The AP's report is here.

New York Times reporters liveblogged developments yesterday in what may be The Last Criminal Trial of Donald Trump. You can read many of their entries in yesterday's Conversation. Links to transcripts of court proceedings, via the courts, up to & including Thursday, May 9, are here. Links to exhibits are here.

Dan Mangan of CNBC: "A federal appeals court on Friday upheld the criminal contempt of Congress conviction of former Trump White House senior aide Steve Bannon for refusing to testify and provide documents to the House committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol.... The ruling by a three-judge panel on the U.S. Circuit Court of Appeals for the District of Columbia Circuit makes it more likely that Bannon will soon have to begin serving a sentence of four months in jail for his conviction of two counts of contempt." (Also linked yesterday.) The New York Times report is here.

Nicholas Fandos of the New York Times: "Rudolph W. Giuliani was suspended by WABC radio on Friday and his daily talk show was abruptly canceled after the station said he violated its policy by trying to discuss discredited claims about the 2020 presidential election on air. John Catsimatidis, the billionaire Republican businessman who owns the station, said he had made the decision after Mr. Giuliani refused to avoid the topic despite repeated warnings.... Mr. Giuliani's removal from WABC, one of his only current sources of income, is almost certain to add to the mounting legal and financial woes that have engulfed him in the years since. The suspension will deny him one of his last mainstream public platforms.... In a statement, he called WABC's policies 'a clear violation of free speech.'... 'Obviously I was never informed on such a policy, and even if there was one, it was violated so often that it couldn't be taken seriously,' he wrote." The Guardian's report is here. Thanks to Akhilleus for the link. See his commentary below.

     ~~~ Marie: "A clear violation of free speech." Really? Once again, it is not possible to know whether Giuliani, a former federal prosecutor, is completely ignorant of the law or is just pretending to be. Within limits, the First Amendment prohibits government entities from curbing speech; it does not prohibit individuals or corporations from refusing to provide platforms for speakers.

Presidential Race

Michael Gold of the New York Times: "Barron Trump..., Donald J. Trump's youngest son who has stayed out of the spotlight since his father entered politics, will not serve as one of Florida's delegates to the Republican National Convention, the office of Melania Trump announced on Friday. In a statement released two days after Barron, 18, was selected to be an at-large delegate by the Florida Republican Party, Mrs. Trump's office said that Barron was 'honored' to be chosen but that he 'regretfully declines to participate due to prior commitments.'" A BBC News story is here. ~~~

     ~~~ MEANWHILE, NBC News reports that Donald Trump told Telemundo yesterday that he was "all for" Barron's new role as GOP convention delegate. "'He's pretty young, I will say. He's 17,' Trump said.... 'But if they can do that, I'm all for it.'... [Barron] turned 18 in March." ~~~

     ~~~ Marie: Yes, but what about me? While Don & Melanie may be at odds over critical child-rearing practices, Melanie's decision to pull the boy from the Florida delegation puts a serious strain on me: Yesterday, I announced an update of Reality Chex Policy re: Barron: since he had entered the political realm, it was okay to bash him. Now I don't know whether or not to pick on the kid. He is a legal adult, even if his own father doesn't know it. However, if the young man is going to remain a schoolboy and not become a political player, then I suppose we ought to leave him to his studies.

No, Trump Is Not the Teflon Don. Jamelle Bouie of the New York Times: "In the folk wisdom of recent American politics, Donald Trump is a figure of herculean invulnerability to traditional scandal.... Let's look at the situation as it stands. Despite his best efforts, Trump has not been able to summon the grass-roots activity that signals political strength. There are no febrile crowds demanding justice for him at the courthouse door, no mob poised to wreak havoc in his name -- not that he didn't try to make one appear. And the broader public does not appear to have a problem with either the trial or the prospect of jail time for the former president.... On Tuesday, nearly 22 percent of Republican primary voters in Indiana pulled the proverbial lever for Nikki Haley, who left the race in March.... It is bad, for his political prospects, that Trump is on trial. It hurts him, with voters, to face allegations of criminal wrongdoing and sexual misconduct in a court of law." (Also linked yesterday.)

Everybody's Picking on Clarence & Ginni. Abbie VanSickle of the New York Times: "Justice Clarence Thomas denounced on Friday 'the nastiness and the lies' that have shadowed him in recent years as public scrutiny has mounted over his wife's efforts to subvert the 2020 election and luxury gifts he has accepted from billionaire friends. 'My wife and I, the last two or three years, just the nastiness and the lies,' said Justice Thomas, who did not specify what he was referring to in addressing a full ballroom of lawyers and judges gathered for a judicial conference in Alabama. 'There's certainly been a lot of negativity in our lives, my wife and I, over the last few years, but we choose not to focus on it.'" ~~~

     ~~~ Marie: Oh, shame on me! It turns out all these reports about Thomas' many corrupt acts were out fault. Why, even the Pulitzer committee is in on it. Seriously, Thomas' reaction to reports & commentary exposing his corruption is typical: it was not his crimes that were egregious; it was the reports and criticism of his crimes. Remember, this is how Thomas got on the Supreme Court: pretending he was the victim, not the criminal. Nothing has changed.

Ed Pilkington of the Guardian: "Police moved in to disband several pro-Palestinian student encampments on US campuses on Friday morning as the tumult over protests against academic ties with Israel stemming from the war in Gaza continued to roil academia. Tent encampments at the University of Pennsylvania, the Massachusetts Institute of Technology (MIT) and the University of Arizona, Tucson, were all dismantled in early morning raids that saw cordons of police sweep in and clear the makeshift protest settlements. In Tucson teargas was used, and demonstrators responded by throwing bottles at officers."

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Virginia. Nicole Chavez of CNN: "School board members in Virginia's Shenandoah County voted early Friday to restore the names of two schools that previously honored Confederate leaders -- four years after those names had been removed. The 5-1 vote came after hours of public comment during a meeting that began Thursday evening from people speaking on both sides of the issue.... The schools had been named after Confederate Gens. Thomas 'Stonewall' Jackson, Robert E. Lee and Turner Ashby." (Also linked yesterday.)

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Israel/Palestine, et al.

CNN's live updates of developments Saturday in the Israel/Hamas war are here: "Israel's military on Saturday ordered the immediate evacuation of several more neighborhoods in Rafah, where it has been stepping up operations ahead of an anticipated ground offensive. At least 110,000 people have already fled. The Biden administration said Friday it is 'reasonable to assess' that US weapons have been used by Israeli forces in Gaza in ways that are inconsistent with international humanitarian law -- but the highly anticipated report stopped short of officially saying Israel violated the law. Also on Friday, the White House said a CNN report on alleged systematic abuse at an Israeli prison was 'deeply concerning' and that the US is reaching out to Israeli officials for answers. CNN spoke to three Israeli whistleblowers who revealed how prisoners are blindfolded, handcuffed and forced to wear diapers. Elsewhere, the UN General Assembly passed a resolution calling on the Security Council to reconsider Palestinian membership in the UN, a significant but ultimately symbolic move that the US is expected to veto."

Philip Nieto of Mediaite: "Hillary Clinton faced criticism after she slammed student protesters by claiming young people 'don't know very much' about the Middle East. On Thursday, the former secretary of state joined Morning Joe where she shared her views on the nationwide student protests over U.S. support for Israel amid the war in Gaza. She noted that young people are ignorant of Middle Eastern history but also 'many areas of the world, including in our own country.'... Her comments drew criticism from the left who accused Clinton of having 'overwhelming contempt' for 'anyone who isn't her.' Others slammed Clinton for lacking 'basic humanity' regarding the humanitarian crisis in Gaza." ~~~

     ~~~ Marie: Hillary Clinton has burdened herself with two Achilles' heels. One of them is telling impolitic truths. Not only does she think she is better than the rest of us, she says so. And the inconvenient truth is that she's right, at least most of the time. She was right in 1992 to suggest that she was too accomplished to stay home and bake cookies. She was right about "the vast right-wing conspiracy" in 1998. She was right in 2008 when she said the civil rights movement would not have advanced as it did without Lyndon Johnson. She was right in 2016 to slam Trump supporters as "deplorables." And in 2024 she's right about Americans not knowing much about Middle East history -- or at least not nearly as much as she knows. I suppose if she were a man, she might have got away with remarks like these.

But then there's her other Achilles' heel: she thinks that because she is better, brighter, more accomplished that most of the rest of us, she is also above abiding by the rules that govern us. So insider trading in cattle futures was okay if she did it. Whitewatergate was okay. Travelgate was okay. The dodgy Clinton Foundation is okay. The private computer server was okay. And that combination of acting as if you're better than everyone else and then saying so, too, just doesn't work for most politicians. Or most people.

The Conversation -- May 10, 2024

Impeach Reagan! And Bush I! And Ford! and Ike! Peter Baker of the New York Times: President Ronald "Reagan used the power of American arms several times to influence Israeli war policy, at different points ordering warplanes and cluster munitions to be delayed or withheld.... Dwight D. Eisenhower threatened economic sanctions and an aid cutoff to force Israel to withdraw from the Sinai Peninsula after it invaded Egypt in 1956. Gerald R. Ford warned that he would re-evaluate the entire relationship in 1975 over what he considered Israel's recalcitrance during peace talks with Egypt. George H.W. Bush postponed $10 billion in loan guarantees in 1991 in a dispute over settlements in the West Bank."

Virginia. Nicole Chavez of CNN: "School board members in Virginia's Shenandoah County voted early Friday to restore the names of two schools that previously honored Confederate leaders -- four years after those names had been removed. The 5-1 vote came after hours of public comment during a meeting that began Thursday evening from people speaking on both sides of the issue.... The schools had been named after Confederate Gens. Thomas 'Stonewall' Jackson, Robert E. Lee and Turner Ashby."

Dan Mangan of CNBC: "A federal appeals court on Friday upheld the criminal contempt of Congress conviction of former Trump White House senior aide Steve Bannon for refusing to testify and provide documents to the House committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol.... The ruling by a three-judge panel on the U.S. Circuit Court of Appeals for the District of Columbia Circuit makes it more likely that Bannon will soon have to begin serving a sentence of four months in jail for his conviction of two counts of contempt."

No, Trump Is Not the Teflon Don. Jamelle Bouie of the New York Times: "In the folk wisdom of recent American politics, Donald Trump is a figure of herculean invulnerability to traditional scandal.... Despite his best efforts, Trump has not been able to summon the grass-roots activity that signals political strength. There are no febrile crowds demanding justice for him at the courthouse door, no mob poised to wreak havoc in his name -- not that he didn't try to make one appear. And the broader public does not appear to have a problem with either the trial or the prospect of jail time for the former president.... On Tuesday, nearly 22 percent of Republican primary voters in Indiana pulled the proverbial lever for Nikki Haley, who left the race in March.... It is bad, for his political prospects, that Trump is on trial. It hurts him, with voters, to face allegations of criminal wrongdoing and sexual misconduct in a court of law."

It is, thankfully, the last Trumpity Doo-Dah Day of the week, and New York Times reporters are liveblogging developments in the what may be The Last Criminal Trial of Donald Trump. ~~~

Jonah Bromwich: "Madeleine Westerhout is back on the stand. Susan Necheles, one of Trump's lawyers -- whose day ended yesterday with the judge harshly criticizing her performance, saying she did not object as she should have to some of Stormy Daniels's testimony -- is back questioning this witness, who worked for Trump in the White House.... Necheles ... just sought to use Madeleine Westerhout's testimony to suggest that Trump and Allen Weisselberg may not have spoken much in 2017, when the alleged falsification of business records occurred. Prosecutors say that Weisselberg, the former chief financial officer of the Trump Organization, designed the specific way that Michael Cohen would be reimbursed for the hush-money payment he made to Stormy Daniels. Weisselberg worked in coordination with Trump, prosecutors say. Necheles is trying to cast doubt on that."

Susanne Craig: "We are starting to see the 'blame it on Allen Weisselberg' defense emerging."

[MB: The reporters notice that Trump is toting a stack of printouts of news clippings & social media post, so several of them discuss Natalie Harp's job, which is to follow Trump around with a portable printer & run off favorable articles & posts to cheer him up. Some of Trump's staff call poor Natalie "the human printer" on account of her horrible, demeaning job. As for Trump himself, he is our own Pantalone, and the commedia we deserve will not forget to attach Natalie to him in every scene. Akhilleus has mentioned her in Comments.]

Jonathan Swan: "Through a long line of questions, the defense lawyer Susan Necheles is steering the witness, Madeleine Westerhout, toward describing the mailing arrangement for Trump in the White House as a system that was set up merely to get mail to him quickly. She is seeking to suggest that there was nothing nefarious about it."

Bromwich: "Necheles asked if Trump brought up his family in relation to Daniels's claims, but Westerhout said that he did not.... This is important because the defense is seeking to suggest that Trump was motivated to pay hush money because of concerns about his family, not his electoral chances. Westerhout seemed as if she'd be a perfect witness for that.... But here, she did not play along, hurting the defendant she used to work for and still admires."

Swan: Under re-direct examination by prosecutor Becky Mangold, "Westerhout admits that she spoke to the defense lawyer Susan Necheles two nights ago. Another indication that she is trying to be a helpful witness to the defense."

Bromwich: "Briefly, as she concluded re-direct, Mangold sought to show the jury that Westerhout was a Republican loyalist, noting that her current boss, too, is a veteran of the Trump administration.... The next witness, Daniel Dixon, is from Florida. He will be questioned by the prosecutor Christopher Conroy. Dixon testifies that he is an AT&T employee, and that he is a lead compliance analyst at the company."

Kate Christobek: "Daniel Dixon's role while testifying, which he was compelled to do by subpoena, was purely to authenticate phone records...."

Bromwich: "After a brief cross-examination, Dixon is done.... The new witness's name is Jennie Tomalin. She works for Verizon."

Craig: "Jennie Tomalin mentioned the names of two people who factor into the case: Weisselberg ... and Keith Davidson, Stormy Daniels's former lawyer."

Wesley Parnell: "Before our break, the defense sought to exclude an interview with Larry King from 1999 where Trump apparently said he had extensive knowledge of campaign finance law. Emil Bove, one of Trump's lawyers, said finance law had changed since that interview. Becky Mangold, one of the prosecutors, argued that the 'defendant's admission that he had extensive knowledge of campaign finance law is relevant.'"

Bromwich: "Justice Merchan just sided with the defense, and barred this piece of evidence.... Georgia Longstreet, a paralegal at the Manhattan district attorney's office who reviews social media posts as part of her role, is on the stand. This explains [Manhattan D.A.] Alvin Bragg's presence in the courtroom. Longstreet testified about Trump's social media posts once during this trial already.... Georgia Longstreet is reading a series of tweets from Trump, many of them attacks on Michael Cohen. She just read a post in which Trump unfavorably compared Cohen -- who made the hush-money payment to Stormy Daniels and is expected to testify starting Monday -- to Paul Manafort, who pleaded guilty to crimes and was sentenced to seven years in prison but was pardoned by Trump while he was still in office....

"Georgia Longstreet is now guiding the courtroom through a series of texts from 2016 between Dylan Howard, who was the editor of The National Enquirer, and Gina Rodriguez, who was Stormy Daniels's manager. The texts -- between two figures jurors are not expected to hear from directly -- show that representatives for The National Enquirer and Rodriguez were in conversation for months about Daniels's account. This suggests that The Enquirer was monitoring the story, as its publisher, David Pecker, said he had promised to do."

Christobek: "In these texts, Rodriguez tells Howard that Daniels had sex with Trump/ It is another piece of evidence presented by the prosecutors that matches Daniels's story -- a story that Trump denies."

Bromwich: :The text exchange delved deeply into the amounts that Daniels's representatives were asking for. Gina Rodriguez, her manager, originally asked for $250,000 for the story but was bargained down slowly."

Haberman: "Todd Blanche[, Trump's lawyer,] asks Georgia Longstreet about Michael Cohen's use of TikTok, which defense lawyers have been furious about because he's used it to comment on the case."

Bromwich: "Jaden Jarmel-Schneider is expected to be our final witness of the day. Like Longstreet, he is a paralegal at the Manhattan district attorney's office.... Having explained his work, the witness is now certifying specific exhibits: calls between various key witnesses, including Michael Cohen and Trump. They are then offered into evidence, and are accepted."

Parnell: "We are looking at a comprehensive chart that the district attorney's office compiled of the 34 business records that prosecutors say Trump falsified. In total, there are 11 invoices, 11 vouchers and 12 checks, all relating to the reimbursement of Michael Cohen. This is the first time we've seen all of the documents laid out on a single screen."

[MB: Testimony has ended for the week.]

Bromwich: "... the lawyers have been arguing about whether or not evidence should be allowed in that relates to Allen Weisselberg..., who is currently on Rikers Island after pleading guilty to perjury. The evidence, Weisselberg's severance agreement, would show that he is still waiting to be paid his full severance by the Trump Organization. The judge is suggesting that prosecutors should, in fact, call Weisselberg as a witness, which appears as if it would be a major shift in their plan....

"We've ended the fourth week of the trial with the judge asking prosecutors to keep Michael Cohen from attacking Trump. Cohen, Trump's former fixer, is expected to begin his testimony Monday.... Joshua Steinglass, a prosecutor, says they have repeatedly asked witnesses, including Cohen, to remain silent but have little control over them."

The New York Times is liveblogging developments in U.S. university campus protests against the conduct of the Israel/Hamas war.

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We all know, intuitively, that a lot of illegals are voting in federal elections.... This legislation ... will prevent that from happening.... We'll have a mechanism to prove whether they are or not. -- House Speaker Mike Johnson, Wednesday ~~~

~~~ Scott Wong, et al., of NBC News: "Some of the conservative leaders of the effort to overturn the 2020 presidential election gathered in front of the Capitol on Wednesday and called on Congress to pass an 'election integrity' bill to stop noncitizens from voting. Leading the group, Speaker Mike Johnson, R-La., acknowledged that undocumented immigrants voting in elections is already illegal under federal law.... But he argued that people know 'intuitively' that noncitizens are voting, even though he could not provide estimates of how many. Multiple studies have shown that noncitizen voting is extremely rare in federal elections." Thanks to Akhilleus for the link. See also his commentary in yesterday's thread. (Also linked yesterday.) ~~~

     ~~~ Marie: So. Intuition in search of a "mechanism." Why do I think that Mike's proposed mechanism is going to involve accusatory interrogations of every voter whose skin tone isn't as pink as Mike's ass or whose name "sounds foreign"? (Where"sounds foreign" is not Drumpf but is Hernandez?

The Trials of Trump, Ctd.

Jonah Bromwich, et al., of the New York Times: "During Thursday’s grueling cross-examination, [Donald] Trump's lawyers sought to discredit [Stormy] Daniels as a money-grubbing extortionist who used a passing proximity to Mr. Trump to attain fame and riches.... After a shaky performance on the stand earlier in the week, Ms. Daniels on Thursday conceded almost nothing.... The more the defense assailed her self-promoting merchandise and online screeds, the more Ms. Daniels resembled the man she was testifying against: a master of marketing, a savant of social-media scorn. 'Not unlike Mr. Trump,' she said on the stand, though unlike him, she did it without the power and platform of the presidency.... When [Trump attorney Susan] Necheles suggested that the porn star had experience with 'phony stories about sex,' Ms. Daniels responded that the sex in her films was 'very much real, just like what happened to me in that room.' And when Ms. Necheles implied that her experience producing films showed that she knew how to spin fiction, Ms. Daniels replied, 'I would have written it to be a lot better.'... [At the end of the day], the judge, Juan M. Merchan, rejected the [defense's] request [for a mistrial] and rebuked defense lawyers, noting that their decision to deny that the tryst had even occurred had opened the door for much of her explicit testimony....

"After Ms. Daniels left the stand, prosecutors called witnesses more directly related to the records. They questioned Rebecca Manochio, a junior bookkeeper at the Trump Organization, who described mailing Mr. Cohen's checks, his reimbursements for payments to Ms. Daniels, to Washington for Mr. Trump to sign during his presidency. They also called Madeleine Westerhout, one of Mr. Trump's most trusted aides in the early White House years. She sat at a desk right outside the Oval Office and coordinated many of his communications, including a crucial meeting with [Michael] Cohen just weeks into his term."

Marie: Alex Wagner of MSNBC described Susan Necheles' cross as nothing less than an attempt at "slut-shaming." Chris Hayes & Harry Litman called it the "nuts and sluts defense." Based on the Times' report of the Q&A, that all sounds about right to me. Although that tactic might work well enough in some communities, my sense is that at least some Manhattan jurors would be more offended than favorably impressed with their attempt to shame and defame a female witness because she works in a sex industry. ~~~

~~~ Jessica Bennett of the New York Times: Stormy "Daniels has largely been unflappable in the face of combative questioning. But that did not stop the defense from pursuing what is perhaps the oldest trope in the book: harping on her sexual history.... The idea that Daniels's pornography career could be equated with making up a story -- or used to undermine it -- might have been convincing in a pre-#MeToo world. But the public perception of sex work has changed a lot since Daniels's initial accusation, as has the way the public understands trauma. Daniels, for her part, was unapologetic: She is a woman who proudly makes pornography for a living and doesn't believe it hurts her credibility one bit."

Kate Christobek & Jesse McKinley of the New York Times report five takeaways from Thursday's proceedings.

Marianne LeVine of the Washington Post: "New York Supreme Court Justice Juan Merchan blamed Donald Trump's attorney Susan Necheles in court Thursday for not sufficiently objecting in real time to adult-film actress Stormy Daniels's detailed testimony this week -- and again said Daniels's testimony does not warrant a mistrial.... In ruling against the defense's motion for a mistrial, Merchan said that prosecutors had the right to 'rehabilitate' Daniels's credibility to the jury, given that Trump's team denies a sexual encounter ever took place. He also criticized the cross-examination for going into 'ad nauseam' details about Daniels's testimony."

Kyle Cheney of Politico: "Justice Juan Merchan's gag order forbids Trump from verbally attacking the prosecutors working for District Attorney Alvin Bragg. It also bars Trump from commenting on the judge's family. But that hasn't stopped some close allies from unleashing rhetoric that Trump himself cannot. Today, that role was filled by Sen. Rick Scott (R-Fla.), who attended a portion of the trial proceedings and accompanied Trump into the courtroom. Scott went to a Fox News TV camera to mount the very criticisms that Trump is legally barred from making. He suggested the case against Trump is unfair because one of the prosecutors, Matthew Colangelo, used to work in the Justice Department. And he called Merchan's adult daughter a 'political operative,' noting that she has raised money for Democrats. He also swiped at the 'lead prosecutor's wife,' whom he described as a Democratic donor. Those criticisms were then amplified by a Trump-aligned super PAC. Under the gag order, Trump is prohibited from 'making or directing others to make' the forbidden categories of statements." Emphasis added. ~~~

     ~~~ Marie: If I were the prosecution, I certainly would call Rick Scott's courtroom-steps performance to Merchan's attention. And good luck, Trump lawyers, with arguing that Trump doesn't control U.S. senators. That's his M.O.

New York Times reporters were there to guide us through yesterday's testimony. See yesterday's Conversation for many of their live entries. (The liveblog also was linked yesterday.)

Links to the transcripts of the New York criminal trial of Donald Trump -- up through Tuesday -- are here. Links to the prosecution and defense exhibits start here. For instance, the crucial prosecutors' (people's) exhibits Nos. 35 and 36 and here and here. (Also linked yesterday.)

Josh Gerstein of Politico: "... the wave of prosecutions [of Donald Trump] don't seem destined to deliver the kind of legal accountability that Trump's investigators promised -- or the devastating political blow to Trump's presidential prospects that has animated his detractors since the cases were announced with great fanfare over a five-month span last year. That's because Trump has benefited enormously from a pileup of postponements. After a pair of delays this week in Georgia and Florida, the most likely scenario for 2024 is that the only trial that Trump will face before the election is the ongoing one in Manhattan: the hush money case, which many lawyers view as the least serious of the four, both in terms of the severity of the alleged wrongdoing and the prospect of prison time." ~~~

     ~~~ Marie: Let us acknowledge that the vast right-wing conspiracy is a thing. And it works.

Presidential Race

** Josh Dawsey & Maxine Joselow of the Washington Post: During a meeting with top oil executives last month at Mar-a-Lago, Donald Trump told them, "You all are wealthy enough ... that you should raise $1 billion to return me to the White House. At the dinner [held in a room overlooking the ocean], he vowed to immediately reverse dozens of President Biden's environmental rules and policies and stop new ones from being enacted, according to people with knowledge of the meeting.... Giving $1 billion would be a 'deal,' Trump said, because of the taxation and regulation they would avoid thanks to him.... The contrast between the two candidates on climate policy could not be more stark.... Despite the oil industry's complaints about Biden's policies, the United States is now producing more oil than any country ever has, pumping nearly 13 million barrels per day on average last year." A Guardian story is here. ~~~

     ~~~ Marie: And may the seas rise and flood Mar-a-Lago while Trump is in the basement counting out his money beautiful boxes. P.S. As with all Trump deals, no matter how vile, reckless and corrupt, there's usually a farcical element. In this case, the oil execs think Trump is too incompetent to perform his part of the deal: ~~~

~~~ Ben Lefebvre of Politico: "The U.S. oil industry is drawing up ready-to-sign executive orders for Donald Trump aimed at pushing natural gas exports, cutting drilling costs and increasing offshore oil leases in case he wins a second term, according to energy executives with direct knowledge of the work. The effort stems from the industry's skepticism that the Trump campaign will be able to focus on energy issues as Election Day draws closer -- and worries that the former president is too distracted to prepare a quick reversal of the Biden administration's green policies. Oil executives also worry that a second Trump administration won't attract staff skillful enough to roll back President Joe Biden's regulations or craft new ones favoring the industry, these people added."

Jessica Schulberg of the Huffington Post: Donald Trump "has openly fantasized about executing drug dealers and human traffickers. He reportedly suggested that officials who leak information to the press should be executed, too. And behind the scenes, there's a team of pro-Trump conservatives who are pushing for a second Trump term that involves even more state-sponsored killing than the first. Last year, a coalition effort by conservative groups known as Project 2025 released an 887-page document that lays out policy goals and recommendations for each part of the federal government. Buried on page 554 is a directive to execute every remaining federal death row prisoner -- and to persuade the Supreme Court to expand the types of crimes that can be punished with death sentences." ~~~

     ~~~ Marie: In case you are repulsed by this blood lust, I wish to inform you that in this matter the Project 2025 report is a model of fastidious expression. It's not that they're hanging, poisoning or electrocuting criminals; rather they are "obtaining finality." The Bowdler family would be pleased.

Marshall Cohen of CNN: "Hunter Biden's latest attempts to throw out his federal gun case were rejected in back-to-back rulings Thursday, teeing up a high-stakes criminal trial next month in Delaware. The president's son had asked the 3rd US Circuit Court of Appeals to dismiss the charges by overturning prior decisions from the trial judge that let the case move forward. But the appellate panel instead rejected Hunter Biden's appeals, which related to his defunct plea deal and his claims that the case was tainted by political bias. Hours later, the trial judge, Maryellen Noreika, rejected Hunter Biden's remaining motion to dismiss the case based on Second Amendment grounds." MB: Noreika is a Trump appointee, as is the prosecutor David Weiss, although Merrick Garland gave Weiss his current job as special counsel in order to broaden Weiss's authority over Hunter Biden's activities.

~~~~~~~~~~

Julie Rovner & Rachana Pradhan of NPR: "According to new statistics from the Association of American Medical Colleges (AAMC), for the second year in a row, students graduating from U.S. medical schools this year were less likely to apply for residency positions in states with abortion bans and other significant abortion restrictions.... The organization tracked a larger decrease in interest in residencies in states with abortion restrictions not only among those in specialties most likely to treat pregnant patients, like OB-GYNs and emergency room doctors, but also among aspiring doctors in other specialties.... 'People don't want to go to a place where evidence-based practice and human rights in general are curtailed,' said Beverly Gray, an associate professor of obstetrics and gynecology at Duke University School of Medicine."

~~~~~~~~~~

Israel/Palestine, et al.

The Washington Post's live updates of developments Friday in the Israel/Hamas war are here: "Israeli Prime Minister Benjamin Netanyahu said Israel is prepared to 'stand alone' against its enemies, after President Biden warned that he would halt the flow of certain weapons should Israel invade the city of Rafah. Cease-fire talks aimed at pausing the fighting and freeing hostages still held by Hamas have stalled, as the latest round of negotiations in Cairo ended without a breakthrough.... In a later interview on U.S. television, Netanyahu said he hoped that he and Biden could overcome their disagreements. The Israeli prime minister also said that in his vision of a post-Hamas Gaza there would need to be 'continuous demilitarization' in the Strip, with a civilian government that is not committed to Israel's destruction.... Hamas said it was sending its delegation back to the Qatari capital, Doha, and remained committed to the cease-fire proposal it received last week, The Washington Post reported. Israel has said the proposal Hamas agreed to differed from the version it reviewed. An Israeli official ... said the Israeli team left Cairo on Thursday evening." ~~~

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

Kirby Wilson of the Tampa Bay Times: "Republican U.S. Rep. Cory Mills (Fla.) says he is going to file articles of impeachment against Joe Biden over the president's decision to withhold munitions from Israel.... '(Biden is) threatening our ally Israel after funding approvals in Congress if they do not stop operations to target Hamas,' Mills posted to X Wednesday. 'These types of actions are what President Trump was accused of and impeached over by Democrats. They called it "Quid Pro Quo."' Mills added that perhaps the phrase should be renamed 'Quid Pro Joe.'" Thanks to Bobby Lee for the lead. ~~~

     ~~~ Marie: I have no idea if Mills is just plain stupid or is pretending to be just plain stupid. Trump was not impeached for a policy decision arising out of altered circumstances. He was impeached for soliciting foreign interference in the 2020 presidential election and for inciting an insurrection. Anyhow, nice try, Cory, you lying (or maybe just stupid) SOS.

News Ledes

Friday Night Lights. Washington Post: "Multiple outbursts from the sun could trigger magnificent auroras in many parts of the United States this weekend. A severe geomagnetic storm is expected to hit Earth on Friday, triggering colorful nighttime auroras, or the northern lights. People in the United States could see moderate to strong geomagnetic activity starting around 11 p.m. and lasting through Saturday."

Washington Post: "Jack Quinn, a high-powered lobbyist and lawyer who served as White House counsel under President Bill Clinton and later represented Marc Rich, the fugitive financier who received a controversial pardon during Clinton's final hours in office, died May 8 at his home in Washington. He was 74."

The Conversation -- May 9, 2024

Links to the transcripts of the New York criminal trial of Donald Trump -- up through Tuesday -- are here. Links to the prosecution and defense exhibits start here. For instance, the crucial prosecutors' (people's) exhibits Nos. 35 and 36 and here and here.

And we're in for another Trumpy day in court, with New York Times reporters here to guide us through the goings-on:

Nate Schweber: "As an antidote to the intensity inside the courthouse on Thursday morning, toymakers turned out early with their takes on the defendant.... Guy Jacobson..., who lives in Manhattan ... [brought] a stuffed orange pig with a red tie. 'This is one is cuter, less fat, more intelligent, and doesn't talk so much,' Mr. Jacobson said. 'And it doesn't stink.' The Trump toys outnumbered the visible Trump supporters outside the courthouse.... There was a single woman in a MAGA hat."

Maggie Haberman: "Joining [Donald Trump] today are Senator Rick Scott of Florida and Trump's friend Steve Witkoff, a real-estate investor.... Another addition to Trump's entourage today is John Coale, a member of his broader legal orbit."

Jonah Bromwich: "We start, before the witness, with the prosecution asking that the defense be precluded from asking Stormy Daniels whether she was arrested. The judge agrees with the prosecutors, saying that 'anybody can be arrested' and that it 'doesn't prove anything.'"

Haberman: Trump attorney Susan "Necheles presses Daniels, asking if she wanted money from Trump. 'No,' Daniels says. 'I never asked for money from anyone in particular, I asked for money to tell my story,' she says. 'That's what you were asking in 2016, was for money, to be able to tell your story?' Necheles pushes on. Daniels said on Tuesday that initially, she wasn't interested in money.... Necheles asks Stormy Daniels why she talked to Jacob Weisberg, a Slate reporter, about her account, and then stopped."

Bromwich: "We are hearing that Stormy Daniels was in conversation with reporters -- multiple reporters, including Jacob Weisberg of Slate, she says -- about the possibility of selling her story before the election. And the defense is seeking to use that information to show that Daniels was using her story to threaten Trump. The defense, as it did with Keith Davidson, Daniels's former lawyer, is trying to paint Daniels as not only a liar, but as an extortionist, saying that she was telling Weisberg, that she either wanted money or she wanted to hurt Trump politically. Susan Necheles, Trump's lawyer, puts a finer point on it, saying 'You were threatening to try to hurt' Trump 'if he didn't give you money.' 'False,' Daniels replies."

Susanne Craig: "Stormy Daniels is pushing back on Susan Necheles, taking little the lawyer says at face value. 'Show me where I said that,' Daniels just said, forcing the defense to produce exhibits to back up their allegations." [And the defense is having trouble finding the exhibits.]

Alan Feuer: "On Tuesday, Daniels said that she spoke with Weisberg during a period when her deal with Michael Cohen seemed like it would not go through. Today, she made a similar but finer point, saying the interview with Weisberg was almost like an insurance policy to make certain her story would get out if the non-disclosure agreement collapsed."

Jesse McKinley: "Susan Necheles just noted that Stormy Daniels has 'an online store where you sell merchandise,' accusing her of 'shilling' online. Daniels responds: 'Not unlike Mr. Trump.'"

Feuer: "This theme has been hit before but it's worth noting that a defense lawyer for Donald Trump, one of the world's great vendors of branded products, is trying to discredit Daniels for selling her 'merch' in the wake of Trump's indictment."

Jonathan Swan: "So many of Stormy Daniels's retorts are versions of 'so did Trump.' He calls her 'horseface,' so why can't she call him an 'orange turd'? He sells his merchandise, so why can't she sell hers?"

Haberman: "Susan Necheles now brings up something that was inevitably going to be part of cross-examination: Stormy Daniels's work as a medium. 'You've made a show and a podcast claiming you can speak with dead people, right?' The goal is to make her seem unreliable as a narrator."

Bromwich: "An all-important exchange just now: Susan Necheles asks Stormy Daniels about her experience making porn films. 'You have a lot of experience in making phony stories about sex appear to be real,' she says. Daniels responds, 'That's not how I would put it.' She is momentarily taken aback, and then adds, 'The sex in the films is very much real, just like what happened to me in that room.'... Necheles implies directly that she made up her story of sex with Trump. But if it weren't true, Daniels replies, 'I would have written it to be a lot better,' drawing laughter in the courtroom."

Feuer: "Stormy Daniels, very much playing on her home turf with these questions, holds her ground and seems utterly unashamed about her career in the sex trade."

Swan: "Trump appears to be dozing as Susan Necheles questions Stormy Daniels at length about the details of her meeting with him."

Bromwich: "Susan Necheles has reached the moment before the sexual encounter, and is seeking to question Daniels's credibility about that account, mixing in descriptions of Daniels's previous work in porn. Necheles notes that in Daniels's book, she describes the early part of the encounter, writing that she made him her 'bitch.' Necheles seeks to suggest there's an inconsistency here, because Daniels wrote about being aggressive with Trump but then testified that she was intimidated when he approached her for sex."

Kate Christobek: "Necheles eventually cuts right to the point of her cross-examination about the sexual encounter: 'You made all this up, right?' she asks. Daniels responds forcefully: 'No.'"

Haberman: "Susan Necheles's next line of questioning related to why Stormy Daniels said she felt a power imbalance with Trump before their sexual encounter.... Necheles pushes on the insinuation that Daniels is making up her feeling that Trump was overpowering her. Daniels gives perhaps her strongest testimony of the morning: 'My own insecurities made me feel that way,' she says, her voice never wavering."

Bromwich: "The cross-examination has come to an end. Susan Necheles outright accused Stormy Daniels of lying about her story again. There was a sustained objection, and now, the lawyers are discussing the issue with the judge."

Christobek: "Stormy Daniels continued to insult Trump up until the end of her cross-examination, at one point even questioning which indictment of his Susan Necheles was referring to. She quipped: 'There were a lot of indictments.'" ~~~

~~~ Bromwich: "The defense moved it to strike that comment from the record, but the judge said no: he said Daniels's testimony had been responsive to the questioning."

Feuer: "Susan Hoffinger, the prosecutor, is doing a classic example of redirect examination, calmly drawing the attention of the jury to specific facts the defense left out of cross-examination. For instance: Susan Necheles, the defense lawyer, spent a lot of time noting discrepancies between Stormy Daniels's direct testimony and an interview she gave in 2011 to In Touch magazine. But in a subtle jab, Hoffinger drew Daniels's attention -- and thus the jury's -- to fine print at the bottom of the article saying it had been lightly edited. The implication is that the story did not contain every detail of Daniels's account."

Bromwich: "Susan Hoffinger, the prosecutor, returns to the lectern and asks that they do a split screen, of Daniels responding to an attack while Trump attacks her as 'horseface.'... And other attacks on Daniels followed his attack.... Overall, Susan Hoffinger is able to show that Stormy Daniels was assailed with insults from various corners after her story about Trump became public and that some of the language the defense has taken issue with came in response to those attacks. Daniels says she believed that Trump's August 2023 all-caps tweet, 'If you go after me, I'm coming after you!,' was related to her, given that he had just filed a suit against her in Florida."

Bromwich: "A new witness, Rebecca Manochio, has taken the stand. Manochio is a junior bookeeper at the Trump Organization. She is being questioned by Rebecca Mangold, a prosecutor.... Rebecca Manochio is testifying about the traffic of checks between the Trump Organization and the White House.... Prosecutors like to connect each witness to multiple other witnesses, to show that this cast of characters is an ensemble, and not just individuals who were randomly chosen to testify. Here, we're hearing about Rebecca Manochio sending unsigned checks to Trump through Keith Schiller, his personal bodyguard. Stormy Daniels just told a story in which Schiller was a character. Manochio slots right in."

Feuer: "Rebecca Manochio testifies that she sent checks to Trump via two of his aides -- Keith Schiller and John McIntee -- at their home addresses. While it's not clear what we should make of this, it appears as if there was some sort of effort to ensure that the checks Manochio was sending Trump were kept outside the official paper flow at the White House." [Lunch break.]

Bromwich: "The cross-examination of Rebecca Manochio was extremely brief, and now we're hearing from a new witness, Tracey Menzies, who works at HarperCollins, a publishing company.... We are reviewing a book authored by Trump. This one is called 'Think Big: Make it Happen in Business and Life.' The cover image, which was briefly displayed on the screen, showed Trump shouting."

Swan: "Trump is snoozing through this section of the testimony.... The prosecution is using an excerpt of the book to show that Trump is a micromanager in his business. In it, Trump says: 'get the best people, and don't trust them,' saying it's important to watch what they do closely.... The next excerpt also emphasizes Trump's relish for revenge. 'My motto is: always get even.' And another: 'When you are wronged, go after those people because it's a good feeling.'"

Haberman: "The witness is now reading a section in which Trump describes valuing 'loyalty' more than anything. 'We reward loyalty and everybody knows this.' In a potentially resonant excerpt, Trump writes: 'This woman was very disloyal, and now I go out of my way to make her life miserable.'"

Bromwich: "Prosecutors' direct examination ended quickly, and Todd Blanche handled the brief cross-examination."

Haberman: "The people have called Madeleine Westerhout to the stand. Westerhout was Trump's executive assistant in the White House. She was fired after she spoke out of turn about the Trump family at an off-the-record dinner with reporters."

Bromwich: "Madeleine Westerhout is asked about the 'Access Hollywood' tape.... She testifies that while [she worked] at the Republican National Committee, she was privy to conversations about whether it was possible to replace Trump as the presidential nominee after the tape was released.... Madeleine Westerhout acknowledges that she knew Michael Cohen, the fixer who paid hush money to Stormy Daniels. She then starts talking about when she began to work in the White House.... Rebecca Mangold, the prosecutor, is eliciting testimony that fundamentally makes this witness seem like an innocent. She keeps emphasizing that many of the experiences Westerhout is describing -- including her testimony here today -- were new for her.... Westerhout has begun testifying about her frequent interactions with employees of the Trump Organization. She says she would pass their questions to Trump -- who said that he had cut off his relationship with his business. This ... shows how seamless the transition between Trump's public and private lives was. Information traveled through Westerhout and, on the other side, Rhona Graff, his assistant at the company, who we've already heard from as a witness."

Christobek: "Westerhout testified that Trump would dictate tweets to her and would sometimes ask to review her work and make changes. She recalls that he liked to capitalize certain words like 'country,' use exclamation points and was a fan of the Oxford comma."

Swan: "The jury is now being shown a 'close contacts list' for Trump from early 2017. It includes Joe Scarborough, Tom Brady, Sean Hannity, Ari Emanuel, Bret Baier and Mark Burnett, the creator of 'The Apprentice.'"

Feuer: "The list includes some interesting names. Football figures like Tom Brady and Bill Belichick. Media figures like Bill O'Reilly and Jeanine Pirro, who is also a former district attorney and was in the courthouse this morning. Business colleagues, family members and Serena Williams, the tennis star."

Haberman: "The prosecutor asks her: 'Was it your understanding that Mr. Trump and Mr. Cohen had a close relationship in 2017?' She replies: 'At that time, yes.' She's now reading an email between herself and Michael Cohen in which she's asking for his information in order to have him cleared to enter the White House."

Bromwich: "Westerhout sent the email to Cohen on Feb. 5, 2017. It's evidence that directly helps corroborate the meeting that Cohen says that he and Trump had in the Oval Office in early 2017 to discuss reimbursements for the hush-money payment.... We are now looking at a text exchange between Madeline Westerhout and Hope Hicks.... It's from March of 2017, and says that Trump wanted to know if [David] Pecker had been called. We are seeing the way that Trump was dealing with the hush-money payments and their agents from the White House.... Not only is Madeleine Westerhout corroborating a lot of the testimony we've heard already, but she's linking that testimony to what she saw Trump do while he was in the White House. We've already heard that stapled packets of checks and invoices were sent to the White House to sign. But Westerhout is able to tell us that she sometimes saw Trump sign checks in his office, and that he signed them individually by hand.... We are looking at an exchange in which Rhona Graff, Trump's former assistant, asked him whether he wanted to suspend a golf club membership or pay his dues, which totaled about $6,000. Madeleine Westerhout says she passed this question along to him in a stack of checks he was given. Trump responded himself, by hand, asking that Graff pay the membership.... We're seeing that Trump -- while president! -- did not ignore anything to do with money, and he responded in his unmistakable sharpie."

Swan: "The point, as the prosecution has so often made, is that Trump paid attention to financial minutiae. The cost of the golf membership that he was personally signing off on was less than one-fifth of the amount of each check he sent to Michael Cohen to reimburse the hush-money payment.... The prosecution is effectively asking the jury to consider whether it's plausible that Trump would scrutinize a minor payment in the $6000 range but be ignorant of the details of multiple checks for $35,000 each.... Then Westerhout starts to cry as she recounts her experience of being forced out of the White House for indiscreetly sharing details about the Trump family in an off-the-record session with reporters."

Haberman: "The prosecution is done. Susan Necheles, the Trump lawyer now cross-examining Madeleine Westerhout, brings up something she elided -- that Trump wasn't her preferred candidate when he was elected president. Many people have described her as unhappy on election night."

Swan: "We're done with Madeleine Westerhout for the day and Susan Necheles will continue cross-examining her tomorrow. So far, Necheles has sought to use her testimony to paint a humanizing portrait of Trump as a kind boss and family man. She has also tried to portray Westerhout as somebody who was young, out of her depth and unfamiliar with the details of the materials she was handling on Trump's behalf."

Bromwich: "We've just heard that Karen McDougal will not be called as a witness.... The defense is asking both for a mistrial and that Trump be allowed to respond to Stormy Daniels's comments about him in court. This request, which seeks to address Trump's political needs by bypassing the legal restrictions on him, is a really interesting one. It will be up to Justice Merchan.... Christopher Conroy, a prosecutor, stands up to address the arguments by the defense lawyers, saying they seem to almost live 'in an alternate reality.' He says the gag order was designed to protect the trial and has been effective thus far. Conroy asserts the sanctity of the legal proceedings over the political needs of Trump.... Conroy is insisting that Daniels needs and deserves this protection, and she and other witnesses should not be exposed, he says, to Trump&'s 'barrage of threats.' He says that lifting the order in any way would be a deterrent to other witnesses.... He sounds emotional. 'Let's not pretend [Trump] wants to engage in high-minded discourse,' Conroy says....

"Todd Blanche is now arguing that Stormy Daniels's testimony about her sexual encounter with Trump differed from when she told her story previously. Justice Merchan had encouraged the defense lawyers, when they first moved for a mistrial, to address any disparities by cross-examining Daniels aggressively.... The judge isn't buying [Blanche's complaint]. 'I fail to understand' he says, how this is 'an alternate set of facts.'... Justice Merchan says he is concerned, not only with protecting Stormy Daniels and other witnesses who have testified, but with protecting those who have yet to testify and protecting the proceedings as a whole. The judge says that he himself wrote down a version of Conroy's argument 'I can't take your word for it that, "no no, this is going to be low key,"' Merchan says, referring to the comments Trump would make if the gag order was altered. 'That's just not the track record.'... Now Todd Blanche is arguing for a mistrial, again. Justice Merchan denies the motion -- the gag order will not be altered and Trump will remain barred from attacking Stormy Daniels...."

Christobek: "Joshua Steinglass, the prosecutor, says that the details of Stormy Daniels's story before and during the sexual act corroborate her account, and show the fact that sex happened, which increases the motivation to silence her."

Swan: "Trump is dozing on and off during all of this."

Bromwich: "Justice Merchan begins to address the mistrial motion.... In going back to opening statements, he sees that the defense 'denied that there was ever a sexual encounter between Stormy Daniels and the defendant.'... The defense opened the door to Daniels's testimony, Merchan is saying. He seems to be suggesting that what the prosecution did in response was perfectly appropriate.... He says he agrees that the question about whether Trump wore a condom should not have been asked or answered. But he says he does not know 'why on earth' Susan Necheles, the defense lawyer, didn't object to that question.... This could not be going much worse for the defense. Not only is Merchan signaling that he will almost certainly reject their mistrial motion, but he's dressing down their lawyering in front of their client....

"[Merchan] is citing specific issues with the defense's arguments, saying that instead of denying the falsification of business records, they denied the sex with Stormy Daniels. 'That in my mind allows the people to do what they can to rehabilitate her and to corroborate her story. Your motion for a mistrial is denied,' he concludes."

We all know, intuitively, that a lot of illegals are voting in federal elections.... This legislation ... will prevent that from happening.... We'll have a mechanism to prove whether they are or not. -- House Speaker Mike Johnson, Wednesday ~~~

~~~ Scott Wong, et al., of NBC News: "Some of the conservative leaders of the effort to overturn the 2020 presidential election gathered in front of the Capitol on Wednesday and called on Congress to pass an 'election integrity' bill to stop noncitizens from voting. Leading the group, Speaker Mike Johnson, R-La., acknowledged that undocumented immigrants voting in elections is already illegal under federal law.... But he argued that people know 'intuitively' that noncitizens are voting, even though he could not provide estimates of how many. Multiple studies have shown that noncitizen voting is extremely rare in federal elections." Thanks to Akhilleus for the link. See also his commentary in today's thread. ~~~

     ~~~ Marie: So. Intuition in search of a "mechanism." Why do I think that Mike's proposed mechanism is going to involve accusatory interrogations of every voter whose skin tone isn't as pink as Mike's ass or whose name "sounds foreign? (Where "sounds foreign" is not Drumpf but is Hernandez?

~~~~~~~~~~

Lisa Lerer of the New York Times: "Vice President Kamala Harris attacked the conservative-controlled Supreme Court on Wednesday, warning that its future decisions could limit a broad range of civil rights and personal freedoms for many Americans. In an interview with The New York Times, she expanded on her criticism of the court's decision to overturn federally guaranteed abortion rights in 2022, going beyond President Biden's past comments to raise direct alarms about Justice Clarence Thomas and the broader direction of the court. 'This court has shown itself to be an activist court,' said Ms. Harris.... 'I worry about fundamental freedoms across the board.'"

Saving Speaker Mikey. Catie Edmondson, et al., of the New York Times: "Speaker Mike Johnson on Wednesday easily batted down an attempt by Representative Marjorie Taylor Greene of Georgia to oust him from his post, after Democrats linked arms with most Republicans to fend off a second attempt by G.O.P. hard-liners to strip the gavel from their party leader. The vote to kill the effort was an overwhelming 359 to 43, with seven voting 'present.' Democrats flocked to Mr. Johnson's rescue, with all but 39 of them voting with Republicans to block the effort to oust him. Members of the minority party in the House have never propped up the other party's speaker.... Lawmakers loudly jeered Ms. Greene as she called up the resolution and read it aloud. As she recited the measure, a screed that lasted more than 10 minutes, Republicans lined up on the House floor to shake Mr. Johnson's hand and pat him on the back." (Also linked yesterday.) The NBC News story is here. ~~~

     ~~~ Andrew Solender of Axios: "House Democrats aren't committing themselves to saving Speaker Mike Johnson (R-La.) should Rep. Marjorie Taylor Greene (R-Ga.) take another shot at removing him.... Greene caught colleagues in both parties by surprise by forcing an ouster vote on Wednesday, leading some lawmakers to fear she's not above repeated attempts."

Robert Talt of the Guardian: "Some of America's top school districts rebuffed charges of failing to counteract a surge of antisemitism on Wednesday in combative exchanges with a congressional committee that has been at the centre of high-profile interrogations of elite university chiefs. Having previously grilled the presidents of some of the country's most prestigious seats of higher learning in politically charged settings, the House of Representatives' education and workforce subcommittee switched the spotlight to the heads of three predominantly liberal school districts with sizable Jewish populations.... The three districts insisted in response that they did not tolerate antisemitism in their schools. They said they had taken educational and disciplinary steps to combat antisemitism following the 7 October attack.... David Banks, the chancellor of the New York City school system..., stood his ground and appeared to challenge the committee, saying: 'This convening feels like the ultimate "gotcha" moment. It doesn't sound like people trying to solve for something we actually solve for.'"' ~~~

     ~~~ The New York Times report is here. Marie: If you read each report -- the Guardian's & the Times' -- in its entirety, you will figure out that it was Republican members doing the mudslinging. But neither report even mentions Republicans in the top grafs, leaving the casual reader completely in the dark about who the perps were in this hearing.

** With Friends Like These.... Karen Yourish, et al., of the New York Times: "Amid the widening protests and the unease, if not fear, among many Jews, Republicans have sought to seize the political advantage by portraying themselves as the true protectors of Israel and Jews under assault from the progressive left.... But ... for all of their rhetoric of the moment, increasingly through the Trump era many Republicans have helped inject into the mainstream thinly veiled anti-Jewish messages with deep historical roots. The conspiracy theory taking on fresh currency...: that a shady cabal of wealthy Jews secretly controls events and institutions.... The current formulation of the trope taps into the populist loathing of an elite 'ruling class.' 'Globalists' or 'globalist elites' are blamed for everything from Black Lives Matter to the influx of migrants across the southern border, often described as a plot to replace native-born Americans with foreigners who will vote for Democrats. The favored personification of the globalist enemy is George Soros, the 93-year-old Hungarian American Jewish financier and Holocaust survivor who has spent billions in support of liberal causes and democratic institutions." Read on.

The Trials of Trump, Ctd.

"When You're a Star, They Let You Do It." Noah Berlatsky of Public Notice: "... [Stormy] Daniels's testimony is a reminder that contempt and mistreatment of women is a core theme of Trump's life and politics.... Daniels's testimony is intended to establish the background facts of the payment. It also, though, paints Trump as a liar, a bully, and a sexual manipulator. Daniels said while she was in Trump's hotel room, she went to the bathroom, and when he came out he was in his boxer shorts, a moment Daniels describes as 'like a jump scare.'... According to Daniels, [Trump] suggest[ed] that if she cooperated with him he could help her career through his connections and a possible appearance on the Celebrity Apprentice reality show, where Trump was the star.... Daniels has not accused Trump of sexual harassment or violence, and she says their encounter was consensual. Her testimony makes clear, though, that Trump was pressuring her for sex in return for business opportunities -- a variation on the ugly tradition of the Hollywood casting couch." Read on. (Also linked yesterday.)

Doin' the Florida Slow-Walk. Alan Feuer of the New York Times: "The decision by Judge Aileen M. Cannon to avoid picking a date yet for ... Donald J. Trump's classified documents trial is the latest indication of how her handling of the case has played into Mr. Trump's own strategy of delaying the proceeding.... [Brian] Greer[, a former CIA lawyer,] said that her record in the case suggests she has been open to whatever the defense has chosen to send her. 'Certainly, her proclivity so far,' he said, 'has been to listen to almost anything.'" Feuer goes into some of the ridiculous motions Cannon has held or will hold hearings on, one of them scheduled to last three days. MB: Experts I've heard all discussed whether Cannon was incompetent, corrupt or both. "Careful, considerate trier of fact" was not among the options any chose. ~~~

~~~ Liz Dye in Above the Law: Judge Cannon has "let Trump and his henchmen spam the docket with garbage motions, been totally dilatory in ruling on them, and is now allowing the defendants to reap the reward from their bad faith behavior by postponing the trial." MB: What we must bear in mind here is that Cannon's excuse (and she put this in writing) for not doing her fundamental job (overseeing a trial) is that she hasn't been doing her job (ruling on motions/Trumpspam) because it is hard. Also, as long as Judge Aileen shows up sober for work, she likely will not be fired/impeached & convicted. Ever.

Richard Fausset of the New York Times: "The Georgia Court of Appeals will hear an appeal of a ruling that allowed Fani T. Willis, the district attorney in Fulton County, to continue leading the prosecution of ... Donald J. Trump on charges related to election interference, the court announced on Wednesday. The decision to hear the appeal, handed down by a three-judge panel, is likely to further delay the Georgia criminal case against Mr. Trump and 14 of his allies, making it less likely that the case will go to trial before the November election. The terse three-sentence announcement reopens the possibility that Ms. Willis could be disqualified from the biggest case of her career, and one of the most significant state criminal cases in the nation's history." The AP's report is here. (Also linked yesterday.)

Presidential Race

Colleen Long & Seung Min Kim of the AP: "President Joe Biden on Wednesday laced into Donald Trump over a failed project in the previous administration that was supposed to bring thousands of new jobs into southeastern Wisconsin and trumpeted new economic investments under his watch that are coming to the same spot. That location in the battleground state will now be the site of a new data center from Microsoft, whose president credited the Biden administration's economic policies for paving the way for the new investments. For Biden, it offered another point of contrast between him and Trump, who had promised a $10 billion investment by the Taiwan-based electronics giant Foxconn that never came. 'In fact, he came here with your senator, Ron Johnson, literally holding a golden shovel, promising to build the eighth wonder of the world. You kidding me?' Biden told the crowd of about 300 people, who clapped and cheered loudly as he spoke. 'Look what happened. They dug a hole with those golden shovels, and then they fell into it.'"

Michael Luciano of Mediaite: "President Joe Biden slammed Donald Trump over the former president's promise to be his supporters' 'retribution.' CNN's Erin Burnett spoke with Biden in Wisconsin for an interview that aired on Wednesday's OutFront.... 'What person has ever said anything like this stuff?' Biden asked Burnett. 'But he means it.'... 'Saying whether he may not accept the outcome of the election?' the president continued. 'I promise you, he won't ... which is dangerous.'"

Ohio Ballot Access. Henry Gomez & Emma Barnett of NBC News: "An effort to ensure that President Joe Biden is on Ohio's general election ballot stalled Wednesday in the Legislature, raising the likelihood of legal action to resolve the issue. It's the latest twist in what has usually been a straightforward move to fix conflicts between late conventions and state election laws in the past." The article outlines issues & developments, but here's the crux of it: "... Ohio Senate President Matt Huffman suggested that GOP members needed an incentive to help Biden, 'because Republicans in both the House and the Senate aren't going to vote for a stand-alone Biden bill.'"

Susanne Craig of the New York Times on Robert Kennedy, Jr.'s medical records, including the worm that ate part of his brain (MB: which is not a joke but could help explain his passion for nutty ideas). Thanks to RAS for the link. (Also linked yesterday.) ~~~

     ~~~ Dana Smith & Dani Blum of the New York Times: on "what brain parasites are, the damage they can cause and how, exactly, they get there."

Ryan Reilly & Alex Seitz-Wald of NBC News: "A right-wing social media influencer hired by Robert F. Kennedy Jr.'s presidential campaign who previously said Jan. 6 was 'Democrat misdirection' appears to have himself been on the restricted grounds of the U.S. Capitol during the attack. NBC News first reported that Kennedy's campaign hired Zach Henry's firm, Total Virality, for influencer engagement' in March. Henry had worked as deputy communications director for Republican Vivek Ramaswamy's presidential campaign, as well as for Blake Masters during his Senate run in Arizona. Henry ... appears to have embraced conspiracy theories about the Capitol attack, including posting that 'antifa' was behind it, which is false." (Also linked yesterday.)

Let's say the only way you could get a cushy government job that came with a lovely house, household and office staff, a driver, security protection, a decent salary (and opportunities for filthy lucre!) was to be delusional, violent and treasonous. Would you go for it? If you're a Republican, you would. ~~~

~~~ Veepstakes. Patrick Svitek of the Washington Post: "Top Republicans, led by ... Donald Trump, are refusing to commit to accept November's election results with six months until voters head to the polls, raising concerns that the country could see a repeat of the violent aftermath of Trump's loss four years ago. The question has become something of a litmus test, particularly among the long list of possible running mates for Trump, whose relationship with his first vice president, Mike Pence, ruptured because Pence resisted Trump's pressure to overturn the 2020 election. In a vivid recent example, Sen. Tim Scott (R-S.C.) was pressed at least six times in a TV interview Sunday on whether he would accept this November's results. He repeatedly declined to do so, only saying he was looking forward to Trump being president again."

Adam Wren & Madison Fernandez of Politico look at Tuesday's GOP primary races in Indiana, including the presidential race, where Nikki Haley -- who dropped out of the race two months ago -- is expected to get more tha 20% of the vote. (Also linked yesterday.)

Reality Chex Change-of-Policy Notification: It is now acceptable to bash Barron. ~~~

     ~~~ Matt Dixon of NBC News: Barron "Trump..., Donald Trump's youngest child, who will graduate from high school next week and has largely been kept out of the political spotlight, was picked by the Republican Party of Florida on Wednesday night as one of the state's at-large delegates to the Republican National Convention, according to a list of delegates obtained by NBC News." Also Florida delegates: Don Junior & Tiffany. Eric Trump is chairman of the Florida delegation.

Donald Trump Has Been Asking, "Are You Better Off Than You Were Four Years Ago?" Let's Check. New York Times headline, May 9, 2020: "The American economy plunged deeper into crisis last month, losing 20.5 million jobs as the unemployment rate jumped to 14.7 percent, the worst devastation since the Great Depression.... Job losses have encompassed the entire economy, affecting every major industry. Areas like leisure and hospitality had the biggest losses in April, but even health care shed more than a million jobs. Low-wage workers, including many women and members of racial and ethnic minorities, have been hit especially hard. 'It's literally off the charts,' said Michelle Meyer, head of U.S. economics at Bank of America."

Robert McFadden of the New York Times: "Pete McCloskey, a California congressman who raised a flag of rebellion against President Richard M. Nixon's war policies in Vietnam with a spirited but futile race for the Republican presidential nomination in 1972, died on Wednesday at his home in Winters, Calif., west of Sacramento. He was 96.... Mr. McCloskey, who represented an area south of San Francisco for 15 years, from late 1967 to early 1983, was a liberal Republican who admired President John F. Kennedy, voted for environmental causes with Democrats and believed that the Republican Party had veered too far to the right." MB: Yes, kids, there was a time so recent I can recall it when you didn't have to be crazy or treasonous to vote for a Republican.

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South Dakota. Zachary Leeman of Mediaite: "South Dakota Gov. Kristi Noem (R) appears to have ended her media tour to promote her new book as both Greg Gutfeld [Fox] and Dana Bash [CNN] announced last minute cancellations from the governor." MB: Not Gnome's fault. How could she have known the book tour would not go well?

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Israel/Palestine, et al.

CNN's live updates of developments Thursday in the Israel/Hamas war are here: "The US has already paused a shipment of bombs to Israel as concerns rise over their potential use in a ground offensive in Rafah without a plan for civilians there, Defense Secretary Lloyd Austin confirmed. CIA Director Bill Burns met with Netanyahu and the head of the Israel intelligence service Wednesday, according to a source, and has since returned to Cairo to aid efforts to secure a ceasefire and hostage deal between Israel and Hamas. Clashes between Israeli police and the family members of hostages held in Gaza broke out Wednesday night in Tel Aviv, leading to injuries and at least two arrests." ~~~

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

** Kevin Liptak of CNN: "President Joe Biden said for the first time Wednesday he would halt some shipments of American weapons to Israel -- which he acknowledged have been used to kill civilians in Gaza -- if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah. 'Civilians have been killed in Gaza as a consequence of those bombs and other ways in which they go after population centers,' Biden told CNN's Erin Burnett..., referring to 2,000-pound bombs that Biden paused shipments of last week. 'I made it clear that if they go into Rafah -- they haven&'t gone in Rafah yet -- if they go into Rafah, I'm not supplying the weapons that have been used historically to deal with Rafah, to deal with the cities -- that deal with that problem,' Biden said." (Also linked yesterday.) The New York Times' story is here.