The Conversation -- April 24, 2024

Zolan Kanno-Youngs of the New York Times: "President Biden signed a $95.3 billion package of aid to Ukraine, Israel and Taiwan on Wednesday, reaffirming U.S. support for Kyiv in the fight against Russia's military assault after months of congressional gridlock put the centerpiece of the White House's foreign policy in jeopardy. 'It's a good day for world peace,' Mr. Biden said from the State Dining Room of the White House. 'It's going to make America safer, it's going to make the world safer, and it continues America's leadership in the world and everyone knows it.'... But even as he hailed the package on Wednesday, Mr. Biden said the process should have 'been easier, and should have gotten there sooner.... But in the end we did what America always does. We rose to the moment.'... 'Imagine if instead we had failed,' Mr. Biden said as he admonished 'MAGA Republicans' for allowing Ukrainian officials to run low on artillery. The White House first sent a request for the security package in October, but Republicans -- many of them egged on by ... Donald J. Trump -- said the United States was bearing too much of the burden. Mr. Trump, who has long expressed admiration for President Vladimir V. Putin of Russia, has made clear that he would not back Ukraine if he wins in November." ~~~

     ~~~ Cristiano Lima-Strong of the Washington Post: "President Biden announced Wednesday he has signed legislation to ban or force a sale of TikTok, just hours after Congress dealt the video-sharing platform's Chinese ownership a historic rebuke following years of failed attempts to tackle the app's alleged national security risks. The Senate approved the measure 79 to 18 late Tuesday as part of a sprawling package offering aid to Israel, Ukraine and Taiwan, with the House having passed it Saturday. Biden confirmed that he signed the bill into law during a White House address on Wednesday, though he did not directly address the language targeting TikTok."

Will Hobson of the Washington Post: "The Justice Department announced Tuesday it has agreed to pay nearly $139 million to victims of former Team USA gymnastics doctor Larry Nassar, settling legal claims brought over the department's failure to investigate allegations that could have brought the convicted child molester to justice sooner and prevented dozens of assaults. One of the largest of its kind in Justice Department history, the settlement brings to a close the last major legal case in an ugly chapter of Olympic sports in this country. Nassar's prolific abuses occurred over a span of decades at international events including the Olympics, as well as at Michigan State University, where Nassar worked, and local gymnastics centers in Michigan and around the country."

Mychael Schnell of the Hill: "Rep. Donald Payne Jr. (D-N.J.), who represented New Jersey in the House for more than a decade, has died at the age of 65. New Jersey Gov. Phil Murphy (D) confirmed Payne's death in a statement on Wednesday." @12:45 pm ET Wednesday, this is a developing story.

Abbie VanSickle of the New York Times: "The Supreme Court appeared sharply divided on Wednesday over whether Idaho's near-total abortion ban overrides a federal law that protects patients who need emergency care in a case that could determine access to abortions in emergency rooms across the country. In a lively argument, questions by the justices suggested a divide along ideological lines, as well as a possible split by gender on the court. Justice Amy Coney Barrett, a conservative, appeared skeptical that Idaho's law, which bars doctors from providing abortions unless a woman's life is in danger or in cases of ectopic or molar pregnancies, superseded the federal law. The argument also raised a broader question about whether some of the conservative justices, particularly Justice Samuel A. Alito Jr., may be prepared to embrace language of fetal personhood, that is, the notion that a fetus would have the same rights [as] the pregnant woman." This is the pinned item in a liveblog. ~~~

[Marie: Personally, I am not prepared to embrace the language of Alito personhood, as I definitely don't think Insufferable Sam should have the same rights as a pregnant woman.]

Pam Belluck: "Justice Sotomayor asks Idaho's lawyer if it's true that the state's ban would prevent abortion in a situation where a woman would otherwise lose an organ or have serious medical complications.... 'Yes, Idaho law does say that abortions in that case aren't allowed,' he said."

Belluck: "The [U.S.] solicitor general reminds the justices of a crucial point: In the kinds of pregnancy emergencies in which an abortion is typically required, there is no chance for a live birth. In most of those cases, including when a woman's water has broken much too early, the pregnancy could not be viable and by making her wait for an abortion until she is on the brink of death, it is just causing additional suffering for the woman, the solicitor general says."

Elizabeth Dias: "This frank discussion about what can happen to pregnant women's bodies -- the dysfunction of their bodily systems, the loss of their reproductive organs and fertility, their other organs shutting down -- shows the challenges anti-abortion activists face as their mission of ending abortion, once largely theoretical, has become utterly concrete for so many Americans."

Marie: Earlier today, I wrote that "as far as I can tell, David Pecker hasn't testified to anything that implicated Trump in any illegal activity. If Trump talks a publisher into running fake negative stories about his opponents or quashing negative stories about himself, it's tawdry, but it's not illegal.... Pecker's NDAs with Trump's lady friends and others are not illegal, either, even if the intent is to deceive readers & the millions of voters who scan the Enquirer at the check-out lane." But this afternoon on MSNBC, my law guru Andrew Weissmann remarked that Pecker was providing in-kind as well as actual cash contributions to the Trump campaign. So it occurs to me that if Trump didn't report those contributions -- and we can be fairly certain he didn't -- then he violated federal campaign finance law and maybe state election law, too.

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Catie Edmondson of the New York Times: "The Senate voted overwhelmingly on Tuesday night to give final approval to a $95.3 billion package of aid to Ukraine, Israel and Taiwan, sending it to President Biden and ending months of uncertainty about whether the United States would continue to back Kyiv in its fight against Russian aggression. The vote reflected resounding bipartisan support for the measure, which passed the House on Saturday by lopsided margins after a tortured journey on Capitol Hill, where it was nearly derailed by right-wing resistance. The Senate's action, on a vote of 79 to 18, provided a victory for the president, who had urged lawmakers to move quickly so he could sign it into law. And it capped an extraordinary political saga that raised questions about whether the United States would continue to play a leading role in upholding the international order and projecting its values globally." ~~~

~~~ Sahil Kapur, et al., of NBC News: "Senate Minority Leader Mitch McConnell on Tuesday celebrated the impending passage of $60 billion in U.S. aid to Ukraine ahead of a final vote, while lamenting the fact that it took months to secure enough Republican support to land it. At a press conference, the Kentucky Republican pinpointed two men responsible for that delay: former Fox News anchor Tucker Carlson and ... Donald Trump. 'The demonization of Ukraine began by Tucker Carlson, who in my opinion ended up where he should have been all along, which is interviewing Vladimir Putin,' McConnell, R-Ky., told reporters.... 'And then our nominee for president didn't seem to want us to do anything at all,' McConnell said. 'That took months to work our way through it.'" MB: Based on this report, it appears McConnell can criticize Trump without mentioning his name.

Sapna Maheshwari & David McCabe of the New York Times: "A bill that would force a sale of TikTok by its Chinese owner, ByteDance -- or ban it outright -- was passed by the Senate on Tuesday and is expected to be signed quickly into law by President Biden. Now the process is likely to get even more complicated. Congress passed the measure citing national security concerns because of TikTok's Chinese ties. Both lawmakers and security experts have said there are risks that the Chinese government could lean on ByteDance for access to sensitive data belonging to its 170 million U.S. users or to spread propaganda. The proposed law would allow TikTok to continue to operate in the United States if ByteDance sold it within 270 days, or about nine months, a time frame that the president could extend to a year. The measure is likely to face legal challenges, as well as possible resistance from Beijing, which could block the sale or export of the technology. It's also unclear who has the resources to buy TikTok, since it will carry a hefty price tag." The Verge has a report here.

** Tami Luhby of CNN: "Millions of salaried workers will soon qualify for overtime pay under a final rule released by the US Department of Labor on Tuesday. The new rule raises the salary threshold under which salaried employees are eligible for overtime in two stages. The threshold will increase to the equivalent of an annual salary of $43,888, or $844 a week, starting July 1, and then to $58,656, or $1,128 a week, on January 1, 2025. About 4 million more workers will qualify for overtime when the rule is fully implemented in January, the agency estimates. In its first year, the rule is expected to result in an income transfer of about $1.5 billion from employers to workers, mainly from new overtime premiums or from pay raises to maintain the exempt status of some affected employees."

** Julian Mark of the Washington Post: "The Federal Trade Commission on Tuesday banned noncompete agreements for most U.S. workers, a move that will affect an estimated 30 million employees bound by contracts that restrict workers from switching employers within their industry. The agency voted 3-2 to issue the rule, with commissioners in the majority saying they saw a mountain of evidence that noncompete agreements suppress wages, stifle entrepreneurship and gum up labor markets. The new rule makes it illegal for employers to include the agreements in employment contracts and requires companies with active noncompete agreements to inform workers that they are void [except for senior executives].... The rule is set to take effect after 120 days, but business groups vowed to challenge it in court.... The rule, recommended by President Biden as part of a 2021 executive order, is the latest step in a major effort by the FTC to expand the boundaries of antitrust enforcement." ~~~

     ~~~ Andrea Hsu of NPR: "The vote was 3 to 2 along party lines." ~~~

     ~~~ Scott Lemieux in LG&$: "This is the most pro-labor administration since FDR and it's not remotely close."

     ~~~ Marie: Many of these noncompete agreements are as ridiculous as they are coercive and unfair; the workers who change jobs do know any "company secrets" about the company they left that they might share with a new employer, nor do they get substantial or unique on-the-job training that they could transfer from one job to another. I hope the businesses that bring cases against the FTC lose, but we have the Supreme Court we have, and those old boys don't think the gummit should be telling biniss what to do. ~~~

~~~ Lauren Gurley of the Washington Post: "The Supreme Court appeared prepared to side with Starbucks in its request to curtail the National Labor Relations Board's authority in determining whether fired union activists should get their jobs back in a case that was argued before the court Tuesday."

The Trials of Trump, Ctd.

Jonah Bromwich, et al., of the New York Times: "Donald J. Trump's criminal trial in Manhattan is off to an ominous start for the former president, and it might not get any easier in the days ahead. The judge presiding over the case, Juan M. Merchan, is expected to rule soon on a request from prosecutors to hold Mr. Trump in contempt of court for attacking witnesses and jurors alike. And the first witness -- David Pecker, longtime publisher of The National Enquirer -- will return to the stand on Thursday after the trial's weekly Wednesday hiatus.... Already, Mr. Pecker has delivered some compelling testimony, transporting jurors back to a crucial 2015 meeting with Mr. Trump and his fixer [at] Trump Tower in Midtown Manhattan. Prosecutors called it the 'Trump Tower conspiracy,' arguing that Mr. Pecker, Mr. Trump and Michael D. Cohen, who was then Mr. Trump's personal lawyer and fixer, hatched a plot at the meeting to conceal sex scandals looming over Mr. Trump's campaign.... [Mr. Pecker's account] bolstered the prosecution's argument that the men were protecting not just Mr. Trump's personal reputation, but his political fortunes." ~~~

~~~ Alan Feuer of the New York Times: "The judge overseeing ... Donald J. Trump's trial in Manhattan held a fiery hearing on Tuesday about whether to find Mr. Trump in criminal contempt for repeatedly violating the provisions of a gag order. While the judge, Juan M. Merchan, did not issue an immediate ruling, he engaged in a heated back-and-forth with one of Mr. Trump's lawyers, scolding him for his failure to offer any facts in his defense of the former president. 'You've presented nothing,' Justice Merchan told the lawyer, Todd Blanche, adding soon after: 'You're losing all credibility with the court.'" ~~~

     ~~~ Josh Margolin, et al., of ABC News: "The U.S. Secret Service held meetings and started planning for what to do if ... Donald Trump were to be held in contempt in his criminal hush money trial and Judge Juan Merchan opted to send him to short-term confinement, officials familiar with the situation told ABC News. Merchan on Tuesday reserved decision on the matter after a contentious hearing. Prosecutors said at this point they are seeking a fine. 'We are not yet seeking an incarceratory penalty,' assistant district attorney Chris Conroy said, 'But the defendant seems to be angling for that.'" ~~~

~~~ Tuesday was another court day for our nation's No. 1 (alleged!) criminal. Here is the New York Times' liveblog of the proceedings. See yesterday's Conversation for some of the reporters' observations. (Also linked yesterday.) ~~~

~~~ At long last, the New York State court system has published the April 22 transcript of the proceedings. The link to it is here. The April 22 transcript is here. ~~~

Jed Shugerman, in a New York Times op-ed, argues that "the Manhattan D.A. has made a historic mistake. Their vague allegation about 'a criminal scheme to corrupt the 2016 presidential election' has me more concerned than ever about their unprecedented use of state law and their persistent avoidance of specifying an election crime or a valid theory of fraud.... If convicted, Mr. Trump can fight many other days -- and perhaps win -- in appellate courts. But if Monday's opening is a preview of exaggerated allegations, imprecise legal theories and persistently unaddressed problems, the prosecutors might not win a conviction at all." ~~~

     ~~~ Marie: Shugerman says he was of the impression that the fraudulent business records were "entirely internal." If that's the case, they didn't defraud anybody. So far, as far as I can tell, David Pecker hasn't testified to anything that implicated Trump in any illegal activity. If Trump talks a publisher into running fake negative stories about his opponents or quashing negative stories about himself, it's tawdry, but it's not illegal. Politicians -- and others -- do some version of that all the time. Pecker's NDAs with Trump's lady friends and others are not illegal, either, even if the intent is to deceive readers & the millions of voters who scan the Enquirer at the check-out lane. Updated above. ~~~

     ~~~ Jonathan Alter, in a Substack post, partially refutes Shugerman: "Rumor has it that the DA plans to employ a little-known New York statute that bars conspiring to interfere in an election." MB: I don't know what-all that law says, but I suspect that every campaign ever conducted in the state of New York has violated it.

The Incredible Shrinking Bully. Jennifer Rubin of the Washington Post: "For months, the news coverage of Donald Trump's legal ordeal eagerly amplified the four-times-indicted former president's narcissistic spin: He would use his trials to his benefit, dominating the 2024 campaign.... How wrong they were. When the criminal trial actually began, reality hit home. Rather than dominate the proceedings or leverage his court appearance to appear in control and demonstrate no court could corral him, Trump day by day has become smaller, more decrepit and, frankly, somewhat pathetic. The judge is in control, not Trump.... Trum's apparent naps in court have generated mocking commentary on social media and the late-night comedy shows.... The candidate who criticizes Biden's energy has trouble staying conscious. (Meanwhile, the president set a vigorous campaign schedule crisscrossing Pennsylvania.)... Unable to mask his emotions in the midst of a narcissist's worst nightmare, Trump has never looked so small, so weary and so feeble."

Marie: What most struck me about yesterday's testimony was how it amplified what a sleazebag Trump is. While many of Manhattan's elite hang out with one another a posh parties and swanky events, Trump pals around with the head guy at a fake supermarket tabloid. Like the elites, Trump & Pecker do each other favors, but the mutual assistance arrangement between Trump & Pecker is so vulgar. I don't usually shower in the afternoon, but after spending some time reading Pecker's testimony, I really could not help but try to wash it off.

Trump's Immunity Claim Relies on the Big Lie. Alan Feuer of the New York Times: In arguing to the Supreme Court that he is immune from prosecution, "Mr. Trump used a tactic on which he has often leaned in his life as a businessman and politician: He flipped the facts on their head in an effort to create a different reality.... In Mr. Trump's telling..., [his plot to overturn the 2020 presidential election results] are official acts that he undertook as president to safeguard the integrity of the race and cannot be subject to prosecution.... Mr. Trump's immunity claim is breathtaking. In one instance, his lawyers went so as far as to say that a president could not be prosecuted even for using the military to assassinate a rival unless he was first impeached. But the wholesale rewriting of the government's accusations -- which first appeared six months ago in Mr. Trump's motion to dismiss the election interference case -- may be the most audacious part of his defense."

Presidential Race

Pennsylvania Primary Races. Chris Cameron & Anjali Huynh of the New York Times: "Donald J. Trump and President Biden scored overwhelming primary victories in the battleground state of Pennsylvania on Tuesday, facing opponents who had long since dropped out of the race. Mr. Trump appeared to take 83 percent of the vote against Nikki Haley, his former rival in the Republican primaries. Still, Ms. Haley won the votes of more than 155,000 Pennsylvanians across the state that is considered essential to victory in November, although she ended her campaign more than a month ago.... Mr. Trump has shown little interest in winning Ms. Haley's endorsement and has made few attempts to reach out to her supporters.... On the Democratic side, Mr. Biden, who grew up in Scranton, Pa., took nearly 95 percent of the vote. Representative Dean Phillips, who was on the ballot but dropped out of the race last month, got about 5 percent of the vote."

Meredith McGraw & Kimberly Leonard of Politico: "If the opening week of Trump's hush-money trial laid bare the courtroom's constraints on Trump, no single 24-hour stretch demonstrated the extreme asymmetry of the unfolding campaign more than Tuesday. There was Biden making campaign stops with fawning supporters of abortion rights in Tampa, Florida, while Trump was sitting in a 'freezing' Manhattan courtroom, with barely any supporters in sight.... On Tuesday, while Trump in New York was listening to the judge in his case snap at his attorney, Biden surrounded himself with allies, including several lawmakers, candidates and abortion-rights leaders who took the stage before him. They praised Biden for supporting abortion rights and tore into Trump for appointing the deciding Supreme Court justices who ruled in favor of overturning Roe v. Wade."

This isn't about states' rights, it's about women's rights. -- President Joe Biden, Tuesday in Florida ~~~

~~~ Seung Min Kim of the AP: "President Joe Biden on Tuesday blamed Donald Trump for Florida's upcoming abortion ban and other restrictions across the country that have imperiled access to care for pregnant women, arguing Trump has created a 'healthcare crisis for women all over this country.' Biden's campaign events at Hillsborough Community College in Tampa placed the president in the epicenter of the latest battle over abortion restrictions. The state's six-week abortion ban is poised to go into effect May 1 at the same time that Florida voters are gearing up for a ballot measure that would enshrine abortion rights in the state's constitution. Biden said that millions of women are facing 'pain and cruelty.' 'But it's not inevitable. We can stop it. When you vote, we can stop it,' he said.... 'There was one person who was responsible for this nightmare,' Biden said. 'And he's acknowledged it and he brags about it -- Donald Trump.'"

Edward-Isaac Dovere of CNN: "Joe Biden will land a major union endorsement Wednesday from North America's Building Trades Unions, whose leaders say the president has his infrastructure bill largely to thank for it. In making one of their earliest ever presidential endorsements, NABTU leaders are kickstarting an eight-figure organizing program to try to deliver their 250,000 members in the battlegrounds of Pennsylvania, Michigan and Wisconsin for Biden.... The backing from NABTU, which has 3 million members nationwide, is more enthusiastic than its 2020 backing of Biden.... It's 'almost like the perfect leader was sent at the perfect time for working people,' NABTU President Sean McGarvey told CNN about Biden in an interview announcing the endorsement." ~~~

~~~ ** Marie: This conversion of a union leader is remarkable. Watch at least through McGarvey's videotaped statement: ~~~

Donald Trump Has Been Asking, "Are You Better Off Than You Were Four Years Ago?" Let's Check. Top News in at NBC News, April 24, 2020: "President Donald Trump suggested the possibility of an 'injection' of disinfectant into a person infected with the coronavirus as a deterrent to the virus during his daily briefing Thursday."

Some people are celebrating the anniversary:

Four years ago today, Trump told Americans to inject bleach on national television pic.twitter.com/9VdGe9hn3w

— Biden-Harris HQ (@BidenHQ) April 23, 2024

Tom Sullivan of Hullabaloo and others wish everyone a Happy Disinfectant Injection Day. Thanks to RAS for the link.

Marie: Even though we remember this example of Trump's stupid suggestion as quite hilarious, the more important effect was that his comment was negligent and dangerous. New York Times, April 24, 2020: "In Maryland, so many callers flooded a health hotline with questions that the state's Emergency Management Agency had to issue a warning that 'under no circumstances' should any disinfectant be taken to treat the coronavirus. In Washington State, officials urged people not to consume laundry detergent capsules. Across the country on Friday, health professionals sounded the alarm. Injecting bleach or highly concentrated rubbing alcohol 'causes massive organ damage and the blood cells in the body to basically burst,' Dr. Diane P. Calello, the medical director of the New Jersey Poison Information and Education System, said in an interview. 'It can definitely be a fatal event.' Even the makers of Clorox and Lysol pleaded with Americans not to inject or ingest their products."

Top News in the NYT, April 23, 2020: "The official who led the federal agency involved in developing a coronavirus vaccine said on Wednesday that he was removed from his post after he pressed for rigorous vetting of hydroxychloroquine, an anti-malaria drug embraced by President Trump as a coronavirus treatment, and that the administration had put 'politics and cronyism ahead of science.'... In a scorching statement, Dr. [Rick] Bright ... assailed the leadership at the health department, saying he was pressured to direct money toward hydroxychloroquine, one of several 'potentially dangerous drugs promoted by those with political connections' and repeatedly described by the president as a potential 'game changer' in the fight against the virus." (Also linked yesterday.)

Victoria Kim, et al., of the New York Times: "Columbia University was emerging from a night of tense standoff early Wednesday, after school administrators and pro-Palestinian protesters had negotiated into the early morning over a large encampment that has engulfed a part of the campus. A midnight deadline set by the university late on Tuesday for protesters to disband passed without signs of police moving onto the campus to quell the demonstrations that have upended the final weeks of the spring semester and challenged the school's leadership. Around 3 a.m., a statement from the university said student protesters had agreed to remove a significant number of the tents erected on the lawn, ensure non-students would leave, and bar discriminatory or harassing language among the protesters."

Dan Froomkin of Press Watch: "Mainstream-media reporters covering the growing wave of college protests against Israel's war in Gaza have adopted an overwhelmingly negative tone about something they should be celebrating: the peaceful free expression of college students understandably devastated by the pulverizing of Gaza and the slaughter of over 34,000 Palestinians by the Israeli military. The root cause of this journalistic dysfunction is that too many reporters have embraced the toxic presumption that any anti-Gaza-war protest is inherently antisemitic, and that any such protest legitimately makes Jewish students feel unsafe. That's actually a grotesque viewpoint: it both smears peaceful protesters (many of whom are Jewish) and trivializes real antisemitism."

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Arizona Senate Race. Flippity-Flip-Flop. Alex Tabet of NBC News: "Arizona GOP Senate candidate Kari Lake said in an interview with an Idaho media outlet that 'unfortunately,' her state's near-total abortion ban dating from 1864 is not being enforced.... Her comments came in response to criticism from a group that opposes abortion rights, Idaho Chooses Life. ... [and flipped] back on comments she made against the law earlier this month, when she called state legislators asking them to repeal it.... 'This total ban on abortion that the Arizona Supreme Court has ruled on is out of line with where the people of this state are,' said Lake in a video posted to X on April 11th.... Those comments also represented a change of tune from Lake on the ban. In 2022, while she was running for governor of Arizona, Lake called the law a 'great law.'" ~~~

     ~~~ Marie: What's the problem? Lake is 100% consistent: you can count on her to always say what she thinks is expedient in each situation.

New York Congressional Race. Sad News! Anthony Izaguirre of the AP: "Former U.S. Rep. George Santos on Tuesday said he is dropping his longshot bid to return to Congress, months after he was expelled from the House while facing a slew of federal fraud charges. Santos, who was running as an independent candidate for the 1st Congressional District in New York, said he was withdrawing from the race in a post on the social media platform X. The announcement came after the disgraced former congressman's campaign committee reported no fundraising or expenditures in March, raising speculation that his campaign had failed to get off the ground." MB: Perhaps you will be kind enough to help George think up a new career now that "Congressman" appears to be out. Remember, no specialized education or experience required; Santos can just make up a job-appropriate CV (if he doesn't already have one on file).

Pennsylvania Congressional Race. Anjali Huynh of the New York Times: "Representative Summer Lee, a first-term progressive Democrat, won her primary contest in western Pennsylvania on Tuesday, according to The Associated Press, fending off a moderate challenger in a race that centered on her stance on the war in Gaza.... The congresswoman was winning by an overwhelming margin with counting nearly complete late Tuesday, underlining the strength of her position as an incumbent this year after she out-raised her opponent with widespread backing from Democratic officials. Ms. Lee, who in 2022 was elected the first Black woman to represent Pennsylvania in Congress and later joined the group of left-leaning lawmakers known as the Squad, defeated Bhavini Patel, a city councilwoman in Edgewood, Pa.... The seat is considered safely Democratic in the general election."

Tennessee. Jonathan Mattise of the AP: "Protesters chanted 'Blood on your hands' at Tennessee House Republicans on Tuesday after they passed a bill that would allow some teachers and staff to carry concealed handguns on public school grounds, and bar parents and other teachers from knowing who was armed. The 68-28 vote in favor of the bill sent it to Republican Gov. Bill Lee for consideration. If he signs it into law, it would be the biggest expansion of gun access in the state since last year's deadly shooting at a private elementary school in Nashville. Members of the public who oppose the bill harangued Republican lawmakers after the vote, leading House Speaker Cameron Sexton to order the galleries cleared."

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Israel/Palestine, et al. The Washington Post's live updates of developments Wednesday in the Israel/Hamas war are here: "President Biden said he will sign a $95 billion foreign aid bill as soon as it reaches his desk Wednesday, after the Senate approved it in a 79-18 vote. The measure contains $26 billion in funds for Israel and humanitarian aid for Gaza and other places.... Senate Majority Leader Charles E. Schumer (D-N.Y.) lauded the bipartisan show of support in a news conference after the vote. Nine Republican senators flipped their votes to support the legislation on Tuesday after voting against an earlier version of the aid in February. Top U.N. officials called for an international investigation into allegations of mass graves at hospitals in Gaza, following reports that hundreds of bodies were recovered at Nasser Medical Complex in Khan Younis. The Israel Defense Forces said its forces did not create the graves in Khan Younis."

The Conversation -- April 23, 2024

Today is another court day for our nation's No. 1 (alleged!) criminal. Here is the New York Times' liveblog of the proceedings:

Jonah Bromwich: "The lawyers and the judge left the courtroom almost immediately after the [morning's] session began.... The judge [returned to] the bench and says that two matters are now in the record.... It appears that the two matters were the two separate attempts that prosecutors have made to see Trump held in contempt of court. They say he's violated the gag order 10 times."

Bromwich: "A prosecutor, Christopher Conroy, begins to detail his team's argument on the gag order. He says each of the 10 Trump posts in question violated the order, and that eight of them were on Truth Social. Two were on his official campaign website."

Maggie Haberman: "Conroy says that these violations pose a very real 'threat' to the proceedings, having an 'undertow' effect on witnesses and making them afraid. The witnesses, he says, 'rightly fear being subject to similar vitriol.'"

Bromwich: "As expected, Conroy says Trump's attacks on Michael Cohen in the hallway outside the courtroom yesterday again violated the order. So that's 11 violations prosecutors say he committed."

Haberman: "Conroy is ticking through Trump's alleged gag order violations, including one in which he thanked Stormy Daniels's disgraced lawyer, Michael Avenatti, for criticizing Michael Cohen. Conroy also describes how Trump called Cohen and Daniels 'sleaze bags.'"

Bromwich: "And finally, Conroy says Trump violated the gag order when on Truth Social, he quoted the Fox News commentator Jesse Watters denigrating prospective jurors as 'undercover liberal activists.' Prosecutors have flagged this as the most serious of the violations and Conroy does so again, calling it 'very troubling.'"

Bromwich: "Todd Blanche, one of Trump's lawyers..., says Trump knows what the gag order allows him to do, and there was 'no willful violation' of it.... It's fascinating to see a lawyer for Trump try to separate out politics from legal proceedings.... The judge loses patience with Todd Blanche.... 'I'm asking the questions, OK,' he says. 'Im going to decide whether your client is in contempt or not, so please don't turn it around.'"

Haberman: "Todd Blanche says Trump is entitled to complain about 'two systems of justice.' 'There's two systems of justice in this courtroom? That's what you're saying?' Justice Merchan says."

Bromwich: "Justice Merchan has repeatedly pushed Todd Blanche to clarify his arguments, only to have Blanche deny that he is saying what he seems to be saying. Trump is very lucky that the jurors are not here for this. Merchan is really dressing down Blanche right now."

Jesse McKinley: "'You've presented nothing,' Merchan just said to Blanche, who has been presenting his argument for some 20 minutes. It's devastating for Blanche."

Bromwich: "As Blanche insists Trump is trying to follow with the rules, Merchan interrupts him. 'You're losing all credibility with the court,' he says.... This hearing, ostensibly about violations of a gag order, doubled as a complete onslaught on the Trump ethos. Justice Merchan clarified that politics infused everything that the former president does and insisted on hearing good faith arguments, and the truth, wherever possible. We knew this was going to be a big moment; it was even more revealing than expected."

[Marie: Sorry, for some reason, the reporters' remarks about Pecker keep disappearing! Really.]

Bromwich: “Joshua Steinglass, a prosecutor, resumes questioning David Pecker.... Pecker says that he’s had 'a great relationship with Mr. Trump over the years,' and that he launched a magazine with him called Trump Style.... He's ... coming across ... as a longtime fan, friend and ally of Trump.... Pecker is now describing what he calls his first meeting with Michael Cohen, in 2007. He says Trump introduced them at his office, and that he was told to route all communications to Trump through Cohen. But Steinglass then makes him clarify: That was his second meeting with Cohen, after meeting him years earlier at a bar mitzvah.... Steinglass asks Pecker about Hope Hicks, another intermediary for Trump."

Haberman: "Steinglass is now drilling down on the key meeting in what prosecutors say was a conspiracy -- an August 2015 gathering between Trump, Cohen and Pecker. 'I received a call from Michael Cohen telling me that the boss wanted to see me,' Pecker says."

Bromwich: "When he got there, he says, Cohen and Trump asked him what he and his magazines could do 'to help the campaign,' a quote that will be key to prosecutors' argument that the hush money payments were made to help Trump win the election."

Alan Feuer: "Recall that Blanche, in his opening statement, tried to convince the jury that Trump's relationship with Pecker was par for the course in the world of journalism. But a naked appeal by a political candidate to a magazine publisher 'to help the campaign' is not normal."

Bromwich: "As expected, Pecker is describing himself as the agent of 'catch-and-kill' schemes in which he or others would help Cohen suppress negative information about Trump, specifically negative information pertaining to 'women selling stories.'"

Haberman: "Pecker is asked if Bill and Hillary Clinton's names came up in the meeting.... Coverage of Hillary Clinton running for president that described Bill Clinton as 'a womanizer' was a big seller, he says. 'I was running the Hillary Clinton stories, I was running Hillary as an enabler for Bill Clinton, with respect to all the womanizing.'... Asked about Trump's reaction to the stories, Pecker says, 'he was pleased.'"

Bromwich: "Pecker repeats that 'writing positive stories about Mr. Trump and covering the election, and writing negative stories about his opponents' helped them both, increasing tabloid newsstand sales while benefitting the Trump campaign. Steinglass then makes him clarify that suppressing negative news about Trump only benefitted the candidate, not the tabloid. Pecker agrees."

Bromwich: "Now, we are discussing negative headlines attacking three of Trump's Republican opponents in 2016, Ben Carson, Ted Cruz and Marco Rubio, which prosecutors argue illustrate the outcome of the agreement reached during the Trump Tower meeting. Pecker says that Cohen would feed him negative information and that The National Enquirer would 'embellish' and add onto it."

Kate Christobek: “Prosecutors just showed several examples of the negative headlines about Trump's opponents, Ted Cruz, Ben Carson and Marco Rubio.... Pecker said that after the Republican debates, Cohen would call him and direct him to focus the negative coverage on whichever candidate had been most successful onstage.”

Haberman: “Pecker is now being asked about being introduced to Steve Bannon, Trump's top strategist, in October 2016. He recalls Trump saying, 'I believe you and Steve would get along really well.'”

Bromwich: “[After a short break,] Pecker is now being asked about Dino Sajudin, a doorman who worked at a Trump building and looked to sell a story — which was apparently false — about Trump fathering a child out of wedlock.... Pecker says Cohen called him furiously denying that the child in question was Trump's, saying that he offered to take a DNA test and that because he was German-Irish and the woman was Hispanic, it was impossible for the child to be his.... Steinglass, the prosecutor, is asking Pecker why he paid so much for this story. 'I made the decision to buy the story because of the potential embarrassment it would have to the campaign and Mr. Trump,' Pecker responds.”

Bromwich: “[Steinglass] moves on immediately to the second catch-and-kill deal, which involved the former Playboy model Karen McDougal.... Pecker says he advised Trump to purchase McDougal’s story directly.... David Pecker tells the courtroom that he asked Dylan Howard, the former editor of The National Enquirer, to investigate Karen McDougal’s story and that he told Cohen he had done so. He seems to indicate his conversations with Cohen soon increased in frequency and the two men began to talk multiple times daily. Cohen said they should communicate over Signal, an encrypted app, which is often used for conversations that a person wants to keep private.”

Nate Schweber: “A day after Trump issued a call for more supporters to gather outside the Manhattan Criminal Courthouse, the number reached its nadir. The number of identifiable Trump fans across the street in Collect Pond Park on Tuesday sank to the mid-single digits, after hovering at about a dozen for a week.”

Trump couldn't get a job at a shopping mall. Thanks to RAS for the lead: ~~~

Donald Trump Has Been Asking, “Are You Better Off Than You Were Four Years Ago?” Let's Check. Top News in the NYT, April 23, 2020: “The official who led the federal agency involved in developing a coronavirus vaccine said on Wednesday that he was removed from his post after he pressed for rigorous vetting of hydroxychloroquine, an anti-malaria drug embraced by President Trump as a coronavirus treatment, and that the administration had put 'politics and cronyism ahead of science.'... In a scorching statement, Dr. [Rick] Bright ... assailed the leadership at the health department, saying he was pressured to direct money toward hydroxychloroquine, one of several 'potentially dangerous drugs promoted by those with political connections' and repeatedly described by the president as a potential 'game changer' in the fight against the virus.”

~~~~~~~~~~~

News from the Trump Trials

Jonah Bromwich & Ben Protess of the New York Times : “Manhattan prosecutors delivered a raw recounting of Donald J. Trump’s seamy past on Monday as they debuted their case against him to jurors, the nation and the world, reducing the former president to a co-conspirator in a plot to cover up three sex scandals that threatened his 2016 election win. Their opening statement was a pivotal moment in the first prosecution of an American president, a sweeping synopsis of the case against Mr. Trump, who watched from the defense table, occasionally shaking his head. Moments later, Mr. Trump’s lawyer delivered his own opening, beginning with the simple claim that 'President Trump is innocent.'... The former president lied 'over and over and over' again, [prosecutor Matthew] Colangelo emphatically said, casting him as a conniving criminal. But Mr. Trump’s lawyer Todd Blanche sought to undercut the prosecution’s lofty rhetoric with a more innocuous distillation of the case: a 'business records violation.' He called it 'just 34 pieces of paper.'” (Also linked yesterday.)

If you're interested in the nitty-gritty, the New York court systems plans to publish daily transcripts of the Trump trial proceedings "online and publicly available before the end of the next business day." Links to the daily transcripts will be on this page. (Also linked yesterday.) ~~~

     ~~~ Update. Marie: I know the transcript of Monday's proceedings was published Monday evening, but I'll be damned if I can see the link to it.

Here's the New York Times' liveblog of Monday's proceedings in the Trump trial. The Times' liveblogs usually include some pretty frank appraisals of the subject at hand. MB: If you don't have access to the Times, you can check out yesterday's Conversation, where I posted quite a few of the reporters' entries. ~~~

     ~~~ David Bauder of the AP: "Trump’s hush money trial is illustrating the potency of live blogs as a news tool — by necessity."

     ~~~ Apparently the answer to that question was yes. ~~~

Jonathan Alter of the New York Times: “In the prosecution’s opening statement, Matthew Colangelo outlined what his team calls the August 2015 'Trump Tower conspiracy' hatched by Trump, Michael Cohen and David Pecker, boss of The National Enquirer.... Colangelo previewed a large amount of evidence that will corroborate Cohen’s testimony about the falsified business records (including handwritten notes) that will most likely be damaging to Trump.... Todd Blanche, Trump’s lead attorney, seemed to be setting up a defense partly based on Trump not wanting the Stormy Daniels story made public in order to protect his family. But Cohen and others are expected to testify that Trump tried to avoid paying the hush money on the theory that it wouldn’t matter if the story came out after the election. So much for shielding Melania.... By insisting that Trump is completely innocent, his lawyers have made it harder for the jury to convict him of just misdemeanors, not felonies. But it will be a few weeks before the jury understands all of that.” (Also linked yesterday.)

Marie: Once you've read the various bits of commentary on the 2016 Trump case, the prospects for Trump look bad, and it's my guess that Trump himself has made his prospects worse. For instance, Blanche's assertion that Trump "is innocent" is odd. The defense does not have to prove that the defendant is innocent, only that the prosecution has not proved he's guilty. The defense also doesn't have to prove that Trump is -- ha ha! -- "distinguished." All of the jurors know he's a former president*, and Blanche's assetion that Trump has "earned" the honorific is at odds with the tawdry behavior and corrupt actions of which he is accused in this case. Blanche didn't have to characterize one of New York City's loudest & proudest womanizers as "a family man," a family man whose family, BTW, has not come to the courtroom to support him and who has been successfully sued for sexual assault. I don't think Blanche and his team chose the Trump defense; I think it comes from the lying SOS who claims, "I did nothing wrong."

The defense has to prove only that Trump knew nothing about the unlawful acts that Cohen, Pecker and others engaged in. But if it's true -- as the prosecution has asserted and will have to demonstrate -- that participants in the skullduggery "took notes on the criminal conspiracy," only jury nullification will save Trump. And Justice Merchan already has warned the jury against that. Besides, when Trump himself is dissing and endangering the jury -- and some of them will find out about that -- they don't have a lot of incentive to help him out. 

Jonathan Swan, et al., of the New York Times: “Mr. Trump has portrayed his legal jeopardy as a threat to America itself, and he has suggested that the country would not put up with it. But the streets around the courthouse on Monday were chaos-free — well-patrolled and relatively quiet. As his motorcade made its way to the courthouse, the few Trump supporters gathered in the park were outnumbered by Trump detractors, who waved signs about his alleged liaison with a porn star.... Shortly after 7 a.m., he posted on his social media website that 'America Loving Protesters should be allowed to protest at the front steps of Courthouses' and he followed this lament with a call for his supporters to 'GO OUT AND PEACEFULLY PROTEST. RALLY BEHIND MAGA. SAVE OUR COUNTRY!'... Mr. Trump had made no secret of the fact that he wanted a circus to accompany his trial.” MB: I do wonder why the Trumpettes & their ilk have not followed Trump to town to play a part in what has turned out to be barely a one-ring circus. Maybe it's because you can't set up a camper in Manhattan (as far as I know). (Also linked yesterday.)

Lachlan Cartwright in the New York Times Magazine (April 3) describes what went down at the National Enquirer, where he was an editor of "catch-and-kill" stories. Thanks to Akhilleus for the link. (Also linked yesterday.)

Annals of "Journalism," Ctd: ~~~

Matthew Haag of the New York Times : “The New York attorney general’s office and representatives for Donald J. Trump agreed in court on Monday to slightly modify the terms of a $175 million bond posted by the former president in his civil fraud case after the state questioned the qualifications of the company that provided it and sought to have it rejected. The deal will keep the bond largely unchanged, with the $175 million in cash that Mr. Trump deposited as collateral remaining in a money-market account, while adding new terms stipulating that the $175 million must remain as cash, and not be transferred into mutual funds, for example. The two sides also agreed to give the California firm that provided the bond, Knight Specialty Insurance Company, exclusive control over the money-market account.” (Also linked yesterday.) 

Alan Feuer of the New York Times: “In late November 2021, as officials at the National Archives were trying to persuade ... Donald J. Trump to return a trove of records he had taken from the White House when he left office, one of Mr. Trump’s associates advised him in the sharpest terms possible to give the materials back, newly unsealed documents show. 'Whatever you have, give everything back — let them come here and get everything,' the unnamed associate told Mr. Trump, according to an interview the person gave the F.B.I. 'Don’t give them a noble reason to indict you, because they will.'... A summary of the associate’s interview with federal agents was among nearly 400 pages of investigative records that were unsealed on Monday by the judge overseeing Mr. Trump’s classified documents case. The associate’s identity was redacted from the summary.... [He is referred to as 'Person 16' in the unsealed records.] Person 16 also suggested that some of Mr. Trump’s children had been enlisted in the task of persuading him to return the presidential records to the archives.” ~~~

~~~ Tierney Sneed & Holmes Lybrand of CNN: “Plasmic Echo – a name that could conceivably work for 1970s rock band or could describe the supernatural goo left behind by the ghosts chased in the movie 'Ghostbusters' – appears to be the code name for the FBI investigation into the mishandling of classified documents from the Trump White House. The name was revealed in unredacted court filings published on Monday in the special counsel’s criminal case against ... Donald Trump. A case file included in the documents is marked with the case ID '[Redacted] PLASMIC ECHO; Mishandling of Classified or National Defense Information.'” MB: The name seems a little too cool to be attached to the Frumpy Old Man who was the subject of the operation.

Amanda Seitz of the AP: “The medical records of women will be shielded from criminal investigations if they cross state lines to seek an abortion where it is legal, under a new rule that the Biden administration finalized Monday. The regulation, which is intended to protect women who live in states where abortion is illegal from prosecution, is almost certain to face legal challenges from anti-abortion advocates and criticism from abortion-rights advocates that it does not go far enough. 'No one should have their medical records used against them, their doctor or their loved one just because they sought or received lawful reproductive health care,' Jennifer Klein, the director of the White House Gender Policy Council, told reporters on Monday.”

Peter Baker of the New York Times: “The House passage of a landmark $95 billion foreign aid package gives [President] Biden much-needed momentum at a time when his credibility and American leadership have been questioned on the world stage. For months, the president has vowed unstinting support for Ukraine, Israel and Taiwan without being able to deliver on Capitol Hill. Now, at last, he has planeloads of artillery rounds, air defense missiles and other munitions to back up his words. 'This was a historic win for President Biden and for America’s global leadership,' Senator Chris Van Hollen, Democrat of Maryland, said in an interview.”

Patrick Svitek & Marianna Sotomayor of the Washington Post notice that House Republicans can't just get along with each other: “Since eight Republicans voted with all Democrats to oust then-speaker Kevin McCarthy (R-Calif.), more pragmatic Republicans have become irate at the 'no' bloc of the conference and encouraged GOP leadership to punish those members.”

Abbie VanSickle of the New York Times: “A majority of the Supreme Court appeared inclined on Monday to uphold a series of local ordinances that allowed a small Oregon city to ban homeless people from sleeping or camping in public spaces. The justices seemed split along ideological lines in the case, which has sweeping implications for how the country deals with a growing homelessness crisis. In a lengthy and, at times, fiery argument that lasted almost two and a half hours, questioning from the justices reflected the complexity of the homelessness debate.... The conservative majority appeared sympathetic to arguments by the city of Grants Pass, Ore., that homelessness is a complicated issue best handled by local lawmakers and communities, not judges. The liberal justices strongly resisted that notion.”

Alan Blinder of the New York Times: “Less than a week after the arrests of more than 100 protesters at Columbia, administrators at some of the country’s most influential universities were struggling, and largely failing, to calm campuses torn by the conflict in Gaza and Israel. During the turmoil on Monday, which coincided with the start of Passover, protesters called on their universities to become less financially tied to Israel and its arms suppliers. Many Jewish students agonized anew over some protests and chants that veered into antisemitism, and feared again for their safety. Some faculty members denounced clampdowns on peaceful protests and warned that academia’s mission to promote open debate felt imperiled. Alumni and donors raged. And from Congress, there were calls for the resignation of Columbia’s president, Nemat Shafik, from some of the same lawmakers Dr. Shafik tried to pacify last week with words and tactics that inflamed her own campus.” ~~~

~~~ Stephanie Saul of the New York Times: “The [Columbia U]niversity senate is expected to vote, possibly as early as Wednesday, on a resolution censuring [university president Nemat] Shafik, a reaction to her testimony before Congress and the arrests of more than 100 student protesters. A draft of the resolution, circulated Monday, accused Dr. Shafik of violating 'the fundamental requirements of academic freedom,' ignoring faculty governance and staging an 'unprecedented assault on student rights.' The resolution is expected to be introduced by two members of the 111-seat senate. It specifically states that the resolution is not a call for Dr. Shafik’s resignation, but the resolution also calls for the censure of other university officials, including Claire Shipman and David Greenwald, the chairs of Columbia’s board of trustees.”

~~~~~~~~~~

Minnesota. Legislator by Day, Cat Burglar by Night. Steve Karnowski of the AP: “A state senator and former broadcast meteorologist was arrested on suspicion of burglary early Monday in the northwestern Minnesota city of Detroit Lakes, police said. Democratic Sen. Nicole Mitchell, 49, of Woodbury, was being held in the Becker County Jail on suspicion of first-degree burglary.... Mitchell worked as a meteorologist with the U.S. military and for KSTP-TV and Minnesota Public Radio before she was elected to the Senate in 2022 from a suburban St. Paul district. She still serves as lieutenant colonel in the Air National Guard, commanding a weather unit, her official profile says. She worked for The Weather Channel earlier in her career, her profile says. Dispatchers received a 911 call at 4:45 a.m. from a homeowner about 'an active burglary in process at her residence,' [Detroit Lakes Police Chief Steve] Todd said in an interview. Officers searched the home and arrested Mitchell, Todd said.” 

~~~~~~~~~~

Israel/Palestine, et al. The Washington Post's live updates of developments Tuesday in the Israel/Hamas war are here: “The U.S. State Department said in a new report that the conflict between Israel and Hamas 'continues to raise deeply troubling concerns for human rights,' pointing to alleged violations in Israel, the West Bank and Gaza, and citing reports of war crimes committed by Israel, Hamas and other Palestinian militant groups. A separate, independent report looking into the embattled U.N. agency for Palestinian refugees found that Israel has not substantiated claims that significant numbers of the agency’s employees have ties to militant groups.... U.S. State Department spokesman Matthew Miller said at a news conference that Hamas has 'moved the goal posts' on hostage talks. After Iran and Israel exchanged attacks, Miller said the militant group’s leaders appear to have made 'the determination that they might get the full-scale regional war they were hoping for, and so have not agreed to a very significant proposal that was on the table.'” ~~~

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

The Conversation -- April 22, 2024

Matthew Haag of the New York Times : "The New York attorney general's office and representatives for Donald J. Trump agreed in court on Monday to slightly modify the terms of a $175 million bond posted by the former president in his civil fraud case after the state questioned the qualifications of the company that provided it and sought to have it rejected. The deal will keep the bond largely unchanged, with the $175 million in cash that Mr. Trump deposited as collateral remaining in a money-market account, while adding new terms stipulating that the $175 million must remain as cash, and not be transferred into mutual funds, for example. The two sides also agreed to give the California firm that provided the bond, Knight Specialty Insurance Company, exclusive control over the money-market account."

Jonah Bromwich & Ben Protess of the New York Times : "Manhattan prosecutors delivered a raw recounting of Donald J. Trump's seamy past on Monday as they debuted their case against him to jurors, the nation and the world, reducing the former president to a co-conspirator in a plot to cover up three sex scandals that threatened his 2016 election win. Their opening statement was a pivotal moment in the first prosecution of an American president, a sweeping synopsis of the case against Mr. Trump, who watched from the defense table, occasionally shaking his head. Moments later, Mr. Trump's lawyer delivered his own opening, beginning with the simple claim that 'President Trump is innocent.'... The former president lied 'over and over and over' again, [prosecutor Matthew] Colangelo emphatically said, casting him as a conniving criminal. But Mr. Trump's lawyer Todd Blanche sought to undercut the prosecution's lofty rhetoric with a more innocuous distillation of the case: a 'business records violation.' He called it 'just 34 pieces of paper.'"

Jonathan Swan, et al., of the New York Times: "Mr. Trump has portrayed his legal jeopardy as a threat to America itself, and he has suggested that the country would not put up with it. But the streets around the courthouse on Monday were chaos-free -- well-patrolled and relatively quiet. As his motorcade made its way to the courthouse, the few Trump supporters gathered in the park were outnumbered by Trump detractors, who waved signs about his alleged liaison with a porn star.... Shortly after 7 a.m., he posted on his social media website that 'America Loving Protesters should be allowed to protest at the front steps of Courthouses' and he followed this lament with a call for his supporters to 'GO OUT AND PEACEFULLY PROTEST. RALLY BEHIND MAGA. SAVE OUR COUNTRY!'... Mr. Trump had made no secret of the fact that he wanted a circus to accompany his trial." MB: I do wonder why the Trumpettes & their ilk have not followed Trump to town to play a part in what has turned out to be barely a one-ring circus. Maybe it's because you can't set up a camper in Manhattan (as far as I know).

Jonathan Alter of the New York Times: "In the prosecution's opening statement, Matthew Colangelo outlined what his team calls the August 2015 'Trump Tower conspiracy' hatched by Trump, Michael Cohen and David Pecker, boss of The National Enquirer.... Colangelo previewed a large amount of evidence that will corroborate Cohen's testimony about the falsified business records (including handwritten notes) that will most likely be damaging to Trump.... Todd Blanche, Trump's lead attorney, seemed to be setting up a defense partly based on Trump not wanting the Stormy Daniels story made public in order to protect his family. But Cohen and others are expected to testify that Trump tried to avoid paying the hush money on the theory that it wouldn't matter if the story came out after the election. So much for shielding Melania.... By insisting that Trump is completely innocent, his lawyers have made it harder for the jury to convict him of just misdemeanors, not felonies. But it will be a few weeks before the jury understands all of that."

Lachlan Cartwright in the New York Times Magazine (April 3) describes what went down at the National Enquirer, where he was an editor of "catch-and-kill" stories. Thanks to Akhilleus for the link.

If you're interested in the nitty-gritty, the New York court systems plans to publish daily transcripts of the Trump trial proceedings "online and publicly available before the end of the next business day." Links to the daily transcripts will be on this page. ~~~

     ~~~ Update: I know the transcript of Monday's proceedings was published several hours ago, but I'll be damned if I can see the link to it.

Here's the New York Times' liveblog of proceedings in the Trump trial du jour. The Times' liveblogs usually include some pretty frank appraisals of the subject at hand. However, if you want to save a lot of time, Akhilleus has got his hands on Trump's opening statement and reports it at the top of today's Comments. ~~~

Susanne Craig: "Trump is struggling to stay awake. His eyes were closed for a short period. He was jolted awake when Todd Blanche, his lawyer, nudged him while sliding a note in front of him."

Jonah Bromwich: "The judge reads his ruling on the Sandoval hearing aloud. This determines what prosecutors can ask Trump about if he testifies. Justice Merchan says he will allow the prosecution to bring up six different determinations from four other cases, including his loss in the civil fraud trial earlier this year.... Justice Merchan will also let prosecutors ask about Trump's attack on a law clerk in that case, in violation of a gag order.... Prosecutors will also be allowed to ask Trump about having been found liable twice for defaming the writer E. Jean Carroll."

Alan Feuer: "... the judge just handed the prosecution a fairly heavy legal cudgel to use against Trump if he does decide to testify."

Bromwich: "The trial will only go until 12:30 p.m. today, Justice Merchan tells the jurors. Tomorrow, the day will start at 11 a.m and end at 2 p.m."

Bromwich: "Matthew Colangelo, one of the prosecutors, stands up to deliver his side's opening statement.... He begins by telling the jury that Trump lied 'over and over and over' again by disguising business records."

Maggie Haberman: "Colangelo is saying that Trump, Michael Cohen and David Pecker 'formed' a conspiracy at a meeting early in the campaign to help Trump get elected."

Kate Christobek: "As Matthew Colangelo says that Trump orchestrated a criminal scheme to corrupt the 2016 presidential election, Trump shook his head."

Haberman: "Trump has attacked Colangelo on Truth Social repeatedly. He worked at the Department of Justice before being hired to work on this case in 2022. Trump has used that fact to baselessly claim the existence of a widespread conspiracy against him."

Bromwich: "Matthew Colangelo has a conversational, easy-to-follow style. This is all very easy to understand thus far, as he explains Michael Cohen's job, which he says was 'to take care of problems for the defendant.' A fixer, in other words, he says."

Haberman: "Colangelo is now describing the practice of 'catch and kill,' in which The National Enquirer bought stories that were problematic to Trump and then buried them.... One of those catch-and-kill deals involved a story that turned out to be false about Trump fathering a child out of wedlock."

Christobek: "Trump is visibly displeased at the mention of the alleged out-of-wedlock child and strongly shakes his head."

Bromwich: "Colangelo is now describing the second 'catch-and-kill' deal in question, relating to Karen McDougal, a former Playboy model who said she had an affair with Trump.... Colangelo says David Pecker will testify that $150,000 [paid to McDougal] was more than The National Enquirer would typically have paid for such a deal, and that Pecker had trouble being reimbursed for it. Crucially, Colangelo says, Pecker will testify that he spoke to Trump about it."

Haberman: "Colangelo then continues the narrative, saying the Access Hollywood tape's emergence was the precursor to a story from a porn star named Stormy Daniels that was about to become public. 'So at Trum's direction, Cohen negotiated a deal to buy Ms. Daniels's story in order to prevent American voters from learning that information before Election Day,' he says."

Bromwich: "'It was election fraud, pure and simple,' Colangelo says bluntly."

Bromwich: "'President Trump is innocent,' are the first words of [Trump attorney Todd] Blanche's opening. 'President Trump did not commit any crimes.'"

Haberman: "'I have a spoiler alert: There's nothing wrong with trying to influence an election,' Blanche says. 'It's called democracy.'"

Bromwich: "Blanche now tries to tell the jury that Cohen has perjured himself. Colangelo objects and the objection is sustained.... [After a bench conference, it appears the judge has ruled] that Blanche will not be allowed to accuse Cohen of perjury directly. But he will say that Cohen lied under oath."

Haberman: "Blanche is now trying to portray The National Enquirer's practices as similar to how other news outlets operate, in terms of deciding when and how to publish a story. That is not correct."

William Rashbaum: "David Pecker is the first witness for the prosecution, and their choice looks to be a good one for them."

Haberman: "'We used checkbook journalism, and we paid for stories,' Pecker says of his time at The National Enquirer. Steinglass, the prosecutor, asks him whether he had 'final say' over editorial decisions. Anything over $10,000 for a story, Pecker says, had to be approved by him."

Haberman: "Pecker is dismissed from the stand. We expect him back tomorrow." That's it for today's testimony.

~~~~~~~~~~

Marie: The headline planted on Stephen Markley's opinion piece in the NYT -- "A Planetary Crisis Awaits the Next President" -- made me suspect Markley would use his precious Sunday NYT space to make mild mitigation, both-sider suggestions to whoever got the top job next time around. Well, I was wrong. Markley really lets fly what a disaster Trump would be: "... everyone will fall short -- and, surely, I've fallen short --in describing just how frightening a second Trump presidency could actually be...." And his attitude toward Biden is similar to what yours may be: "I fully admit, Mr. Biden was not my first, nor even my seventh, choice in the 2020 Democratic primary. Yet when it came to the immense challenge of confronting this crisis, I am forever grateful that he proved me wrong, delivering a game-changing victory with the narrowest of congressional margins." Thanks to RAS for the link. (Also linked yesterday.)

Zolan Kanno-Youngs & Brad Plumer of the New York Times: "President Biden will travel to a national park in Virginia on Monday, Earth Day, to spotlight his clean energy investments, with an eye on bolstering support among young voters disillusioned with their choices for the 2024 election. Against the backdrop of the park, Prince William Forest, Mr. Biden will announce $7 billion in grants to fund solar power for hundreds of thousands of homes in primarily disadvantaged communities, according to the White House. He will be joined by future members of the American Climate Corps, a new work force for young people hoping to combat climate change. Mr. Biden's top officials will also fan out across the country to promote his environmental policy. Mr. Biden hopes Monday's event can build enthusiasm among young people, a crucial constituency for his re-election bid that includes some who have expressed disappointment with the White House on economic and foreign policy matters but that also cares deeply about environmental policy." The AP story is here.

Tyler Pager of the Washington Post: "Growing up in a proud Irish Catholic middle-class family, Joe Biden idolized the Kennedys. He and his family saw the Kennedys -- successful, wealthy, attractive Irish Catholics -- as the embodiment of the American Dream. Biden says Robert F. Kennedy Sr., whose bust sits in the Oval Office, inspired him to become a public defender and ultimately run for office. 'The Kennedys were, as a group, the people he patterned his life after,' said former senator Ted Kaufman (D-Del.), who was Biden's longtime chief of staff and remains his close friend. 'Not just his political life, but his life.' So when the Kennedy family rallied behind Biden last week in Philadelphia with a full-throated endorsement of his reelection campaign, pointedly choosing him over one of their own -- Robert F. Kennedy Jr., who is running as an independent -- it was not just politically helpful. It was also a hugely personal victory for Biden."

Philip Nieto of Mediaite: "President Joe Biden's White House denounced Columbia University's pro-Palestinian protests as 'blatantly anti-Semitic and dangerous.' Over the last week, hundreds of pro-Palestinian protesters have gathered to demand an end to the war between Israel and Hamas in Gaza. The student protesters set up what they called a 'Gaza Solidarity Encampment' and included tents, signs, and more. The actions have led to hundreds of activists being arrested, including the daughter of Rep. Ilhan Omar (D-MN)." (Also linked yesterday.) ~~~

     ~~~ Marie: I do realize that hot war and mass murder are not the best circumstances under which to try to foster nuance, but to folks on both sides: there is a stark difference between antisemitism and anti-war. And it is quite possible to be pro-Israel and anti-Bibi.

     ~~~ Update. So a Little Nuance. Kyle Melnick of the Washington Post: "President Biden condemned antisemitism on college campuses in a statement on Sunday, three days after more than 100 people protesting the Gaza war on Columbia University's campus were arrested. Biden's statement, which came as part of a lengthy Passover greeting he issued from the White House, didn't name Columbia directly but said there had been 'harassment and calls for violence against Jews' in recent days.... The president and the White House often issue holiday greetings for various faiths, but the latest statement was notable for its political references. It noted that Passover was coming at a difficult time for Jews still processing the Oct. 7 attacks, when Hamas militants killed 1,200 in Israel and took numerous hostages." ~~~

     ~~~ Marie: For the first time in my life, I am beginning to wonder if the very premise of a Jewish state is past its sell-by date. A more tolerant model of government could do a much better job at maintaining the peace by guaranteeing equal protection to Jews & non-Jews alike. I never thought I'd feel that way, but Netanyahu has showed me the cracks in my traditional views of Israel. If this be the Promised Land, I'd rather be in Sweden! Of course I don't think my Kumbaya premise holds much chance in a land buffeted by war after war going back to pre-history, so in the meantime, I'll go with the less-than-ideal two-state "solution."

Catie Edmondson of the New York Times reports the official version of how Mike Johnson got to "yes" on aid to Ukraine: "Mr. Johnson's decision to risk his speakership to push the $95 billion foreign aid bill through the House on Saturday was the culmination of a remarkable personal and political arc for the Louisiana Republican.... As a rank-and-file hard-liner, Mr. Johnson had largely opposed efforts to fund Kyiv's war effort.... Mr. Johnson attributed his turnabout in part to the intelligence briefings he received, a striking assertion from a leader of a party that has embraced ... Donald J. Trump's deep mistrust of the intelligence community.... 'I want to be on the right side of history,' Representative Michael McCaul of Texas, the chairman of the Foreign Affairs Committee, recalled the speaker telling him." In yesterday's Comments, Ken W., Akhilleus & I expressed more skeptical views of the impetus for the Conversion of Saint Michael of Shreve. (Also linked yesterday.) ~~~

~~~ Besides, there's this: ~~~

~~~ The Shadow Speaker. Andrew Solender of Axios: "Rep. Hakeem Jeffries (D-N.Y.) found himself in an unusual position for a minority leader last week: It was he, not the House speaker, who had the ultimate power to decide whether legislation came to the floor.... Former House Speaker Nancy Pelosi (D-Calif.), a master legislative tactician, heaped praise on her successor: 'He is fabulous. We're so proud of him.' One senior House Democrat told Axios: 'It easily could have fallen apart ... He played the cards the way you'd want to play them.'... Jeffries' message to his members leading up to the foreign aid fight was to stay unified behind him and not commit themselves to positions on saving [Mike] Johnson that might box the party in."

It's Showtime! Jonah Bromwich & Ben Protess of the New York Times : "The first criminal trial of an American president will debut on Monday for a jury of 12 New Yorkers, as prosecutors and defense lawyers deliver opening statements that provide dueling interpretations of the evidence against Donald J. Trump.... Prosecutors from the Manhattan district attorney's office are expected to say that Mr. Trump orchestrated a scheme to suppress stories that could have damaged his 2016 campaign.... The defense ... will try to poke holes in that narrative.... His lawyers will most likely focus on [former Trump lawyer Michael] Cohen, calling him a serial liar with an ax to grind against Mr. Trump. They are also expected to argue that Mr. Trump was not personally involved in the falsification of the records at his company. And they may assert that Mr. Trump's motive for pursuing the hush-money deals was not political, and that he was trying to protect his family from negative publicity." ~~~

~~~ Michael Rothfeld of the New York Times: In the 2016 election interference criminal case against Donald Trump, "... prosecutors for Alvin L. Bragg, the Manhattan district attorney, will try to show that the payment [to Stormy Daniels] was part of a larger effort to suppress negative news about Mr. Trump to sway the election. That scheme, they will contend, resulted in not just the hush-money payment at the center of the trial, but two others. Though the other episodes are not part of the formal indictment in the case, prosecutors will use them to argue that the true purpose of the Daniels payment was related to the election, making it a federal campaign finance violation, and that his company's records were falsified to cover it up. The accusation that Mr. Trump concealed another crime elevates charges that would normally be misdemeanors into felonies." Based on numerous sources, including court records, Rothfeld traces the schemes to quash stories that might hurt Trump's chances to win the 2016 presidential election. Rothfeld, who previously worked for the Wall Street Journal, was the lead reporter on the WSJ's Pulitzer Prize-winning reports on Trump's hush-money payments in 2018. (Also linked yesterday.) ~~~

~~~ OR, you could just go with Patrick Fitzgerald's explanation:

Liz Cheney in a New York Times op-ed: "On Thursday, the U.S. Supreme Court will hear Donald Trump's arguments that he is immune from prosecution for his efforts to steal the 2020 presidential election. It is likely that all -- or nearly all -- of the justices agree that a former president who attempted to seize power and remain in office illegally can be prosecuted.... If the trial is delayed past this fall and Mr. Trump wins re-election, he will surely fire the special counsel, order his Justice Department to drop all Jan. 6 cases and try to prevent key grand jury testimony from ever seeing the light of day.... The Supreme Court should understand this reality and conclude without delay that no immunity applies here."

Still Crazier. Derek Hawkins, et al., of the Washington Post: "On Truth Social, [Donald Trump] is serving up an even more extreme version of his online [Twitter] self. His following is diminished, but his posting has accelerated. He has traded combative tweets for even more belligerent screeds. Diatribes against his perceived enemies have drawn gag orders from judges in multiple cases. His media diet has become almost exclusively right-wing. And above all, he persists in spreading lies about his 2020 election loss, deep into his campaign for another term.... It's here that Trump ... offers an intimate view of what his second term could look like: isolated, vitriolic and vengeful.... On a typical day, Trump's feed is a flurry of polls and links interspersed with a drumbeat of attacks and dire warnings about the state of the country[.]... He also is now more likely to write in all caps[.]... At least 570 posts since he announced his presidential bid in November 2022 have contained insulting language directed at someone.... In between all that, Trump reposts bizarre AI-generated art and crudely doctored images. And the site abounds with fringe companies peddling diet supplements, political-themed knickknacks and gold bars."

The Fascists Have Always Been with Us. Paul Rosenberg of Salon interviews author David Austin Walsh on the history of the far right in the U.S. Walsh tells Rosenberg: "... even after the so-called purge of the racists and the Nazis and antisemites in the mid-1960s, you still see these elements very close to the so-called mainstream of American conservatism.... [William F. Buckley, Jr.] is the conduit through which I found all the characters in my book.... Joe McCarthy ... doesn't emerge out of nowhere.... You already have, immediately after World War II, the growing power of the farthest fringes of the right.... There's a real danger in 2024 of nostalgizing the 20th-century conservative movement as 'responsible,' 'respectable' and 'about ideas.' The same features of what became MAGAism were embedded in the movement from the very beginning, and were broadly tolerated by conservative elites even if they found them to be slightly distasteful." (Also linked yesterday.)

~~~~~~~~~~

Israel/Palestine, et al. The Washington Post's live updates of developments Monday in the Israel/Hamas war are here: "The head of intelligence for the Israel Defense Forces said he will step down and retire over the Oct. 7 Hamas attack, in what Israeli media reported is the first departure of a general because of the failures that allowed the assault to happen.... In a resignation letter shared by the IDF, Maj. Gen. Aharon Haliva wrote that the military intelligence directorate did not live up to its mission under his command on the day of the Oct. 7 Hamas attack. 'I have been carrying that black day ever since, day and night,' he said. The attack was preceded by several intelligence failures, including internal warnings that were downplayed or dismissed.... Israeli Prime Minister Benjamin Netanyahu expressed alarm that the United States is considering imposing sanctions on an IDF unit, describing it as the 'height of absurdity' at a time when his troops are battling Hamas in Gaza.... Netanyahu was responding to a report by Axios that U.S. Secretary of State Antony Blinken is expected to announce sanctions against Netzah Yehuda, an ultra-Orthodox military unit accused of human rights violations in the occupied West Bank. Israeli opposition leader Benny Gantz told Blinken in a call that the move would 'harm Israel's international legitimacy.'" ~~~

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