The Conversation -- February 27, 2024
Jacob Bogage of the Washington Post: "President Biden and congressional leaders appeared to agree Tuesday to press forward to prevent a government shutdown, but in a gathering that one lawmaker [-- Chuck Schumer --] called the most intense Oval Office meeting of his career, officials remained divided on U.S. support for Ukraine as Russia begins to make battlefield gains in its two-year-old invasion."
Richard Fausset & Danny Hakim of the New York Times: "The judge overseeing the Georgia election interference case against ... Donald J. Trump brought a key witness back to the stand on Tuesday afternoon, as the judge weighs whether Fani T. Willis, the prosecutor who brought the case, has a disqualifying conflict of interest. The witness is Terrence Bradley, the former divorce lawyer and law partner of Nathan Wade, whom Ms. Willis hired to manage the case. The decision by Judge Scott McAfee of Fulton County Superior Court to seek more testimony from Mr. Bradley was a victory for Mr. Trump and his 14 co-defendants, who are trying to remove Ms. Willis, Mr. Wade and Ms. Willis's entire office from the high-stakes prosecution.... But 90 minutes into Tuesday's hearing, the defense had not achieved its goal of getting Mr. Bradley to contradict the two prosecutors about when the relationship began."
Feeling Good about the Economy? Thank an Immigrant. Rachel Siegel, et al., of the Washington Post: "Immigration has propelled the U.S. job market further than just about anyone expected, helping cement the country's economic rebound from the pandemic as the most robust in the world. That momentum picked up aggressively over the past year. About 50 percent of the labor market's extraordinary recent growth came from foreign-born workers between January 2023 and January 2024, according to an Economic Policy Institute analysis of federal data. And even before that, by the middle of 2022, the foreign-born labor force had grown so fast that it closed the labor force gap created by the pandemic, according to research from the Federal Reserve Bank of San Francisco.... Economists and labor experts say the surge in employment was ultimately key to solving unprecedented gaps in the economy that threatened the country's ability to recover from prolonged shutdowns."
Jordan Holman of the New York Times: "Macy's said on Tuesday that it would vastly reshape its strategy and retail footprint, closing about 150 Macy's stores over the next three years while expanding its upscale Bloomingdale's and Bluemercury chains. The moves put the stamp of the company's new chief executive, Tony Spring, on an effort to improve the profitability of the largest department store operator in the United States and stave off a potential takeover bid. It is the second major downsizing of the Macy's chain since 2020 and will leave the company with 350 stores, slightly more than half the number it had before the pandemic. Macy's said the 'underproductive locations' it planned to close accounted for 25 percent of the company's overall square footage but just 10 percent of sales."
Blayne Alexander, et al., of NBC News: "The former divorce attorney for Fulton County special prosecutor Nathan Wade is expected to resume testimony Tuesday afternoon at a hearing pertaining to the romantic relationship between Wade and District Attorney Fani Willis. Judge Scott McAfee, who is overseeing the Georgia election interference case against ... Donald Trump and his co-defendants, determined that some of Wade's communications with his former lawyer Terrence Bradley would not be covered by attorney-client privilege, according to an email chain obtained by NBC News."
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Marie: Late start today; I was posting links up till 9:00 am ET, so if you came by earlier, check again.
Erica Green & Catie Edmondson of the New York Times: "President Biden will convene the top four congressional leaders at the White House on Tuesday as lawmakers swiftly run out of time to strike a deal to avert another partial government shutdown. The president plans to discuss the urgency of legislation to keep federal funding going past midnight on Friday, as well as his requests for billions of dollars in aid for Ukraine and Israel, said Karine Jean-Pierre, the White House press secretary. 'A basic, basic priority or duty of Congress is to keep the government open,' Ms. Jean-Pierre said."
Missy Ryan of the Washington Post: "The Defense Department on Monday released a long-awaited review of senior officials' handling of Defense Secretary Lloyd Austin's recent hospitalizations, finding that there was 'no attempt to obfuscate' his cancer diagnosis and medical treatment, even though the Pentagon initially withheld it from the White House and public. An unclassified summary of the review did not identify any failures by Austin or his aides as they oversaw the transfer of top-level authority from Austin to his deputy several times while he was undergoing medical treatment in December and January. But the probe, which was conducted by a senior Pentagon official, said that Austin's staff was constrained by medical privacy laws and their own concern about their boss's privacy." ~~~
~~~ Marie: "Long-awaited"? Really? Austin's illness came to public attention only last month. "Long-awaited" were the Mueller report (three years after the offending behavior) and the DOJ's prosecution of the other guy's efforts to overturn the 2020 presidential election (two-and-a-half years after the insurrection). Update: See also Akhilleus' commentary below: he notes that in the lede, Ryan writes that the "long-awaited" report is about "recent hospitalizations." Uh, how does that work?
Lauren Herstik & Glenn Thrush of the New York Times: "Alexander Smirnov, the former F.B.I. informant charged with falsely claiming that President Biden and his son Hunter had accepted bribes, will be held in custody indefinitely because he poses a significant flight risk, a judge in California ruled on Monday.... Judge Otis D. Wright II of Federal District Court found fault with a decision by a federal magistrate in Las Vegas who last week released Mr. Smirnov, 43, a confidential informant since 2010, and dismissed the argument by prosecutors that he would try to escape to Russia. Prosecutors working for David C. Weiss, the special counsel investigating Hunter Biden, offered new details about the circumstances of Mr. Smirnov's rearrest last week in the office of his lawyer.... A prosecutor for Mr. Weiss, Leo Wise, explained that the sheer number of guns [officers found during a search of the condo where Smirnov lived] prompted Justice Department officials to make an arrest at [Smirnov's lawyer's] office, rather than Mr. Smirnov's home, which they believed would not be safe." CNN's report is here.
The Trials of Trump & the Trump Gang
There has never been a case in American history in which a former official has engaged in conduct remotely similar to Trump. -- Prosecutors' surreply to a Trump filing in the classified documents case ~~~
~~~ Alan Feuer of the New York Times: "Federal prosecutors on Monday rejected ... Donald J. Trump's claims that he was unfairly charged with holding on to classified documents after he left office, saying that his case bore no comparison to the one in which President Biden was cleared of wrongdoing.... In rebuffing what was known as a 'selective prosecution' claim by Mr. Trump, the prosecutors said that while many government officials over the years had taken classified materials with them after leaving office -- often inadvertently, but occasionally willfully -- Mr. Trump's case remained unique because of the extent to which he had 'resisted the government's lawful efforts to recover them.... In their 12-page filing, the prosecutors dismissed as a 'conspiracy theory' a separate claim that Mr. Trump has raised in his own defense -- that Mr. Biden had 'secretly directed' the classified documents case and used the special counsel who filed the indictment, Jack Smith, as a 'puppet' and a 'stalking horse.'" ~~~
~~~ Kyle Cheney of Politico: "Special counsel Jack Smith said Monday that President Joe Biden's handling of classified documents -- which earned him a scolding from special counsel Robert Hur -- is not 'remotely' similar to the 'deceitful criminal conduct' of Donald Trump.... In fact, Hur's report underscored why Trump is facing criminal charges and Biden is not, they noted." ~~~
~~~ The prosecutors' reply, via the courts, is here.
Zach Schonfeld & Ella Lee of the Hill: "Former President Trump's lawyers in his hush-money case on Monday demanded a New York judge block key witnesses from testifying in Trump's first criminal trial set to begin next month. Trump attorney Todd Blanche moved to block testimony from Michael Cohen, Trump's ex-fixer, and two women he paid to stay quiet about affairs they alleged with Trump: Porn actress Stormy Daniels and former Playboy model Karen McDougal.... The 47-page motion attacks the witnesses' credibility at length, casting Cohen as a 'liar' and suggesting Daniels would offer 'false' and 'salacious' testimony. Trump's lawyers also took aim at how prosecutors have described the hush money payments as a 'catch-and-kill' scheme to quash negative information about Trump in advance of the 2016 presidential election." ~~~
~~~ Jonah Bromwich, et al., of the New York Times: "Manhattan prosecutors on Monday asked the judge overseeing the criminal case against Donald J. Trump to prohibit the former president from attacking witnesses or exposing jurors' identities. The requests, made in filings by the Manhattan district attorney's office, noted Mr. Trump's 'longstanding history of attacking witnesses, investigators, prosecutors, judges, and others involved in legal proceedings against him.'... The gag order in the Manhattan case, if the judge approves it, would bar Mr. Trump from 'making or directing others to make' statements about witnesses concerning their role in the case. The district attorney, Alvin L. Bragg, also asked that Mr. Trump be barred from commenting on prosecutors on the case -- other than Mr. Bragg himself -- as well as court staff members.... In a separate filing..., prosecutors asked that Mr. Trump be barred from publicly revealing [the jurors' identities. And although Mr. Trump and his legal team are allowed to know the jurors' names, Mr. Bragg asked that their addresses be kept secret from the former president." Politico's report is here. ~~~
~~~ Bragg's motions are here, via Politico. The Politico story describes the motions as a "30-page court filing," but in fact, with adenda -- which detail Trump's attacks on participants in court proceedings against him and the resulting threats made to these participants -- the entire filing is 331 pages.
~~~ Marie: Obviously, the D.A.'s asks are perfectly reasonable, but it remains stunning that ordinary citizens must be protected from a dangerous former POTUS*. He's a mobster & a monster. ~~~
~~~ Oh, And This. Matthew Chapman of the Raw Story: "Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade were slammed with harassing phone calls over the weekend after one of ... Donald Trump's attorneys put their contact information in a public court filing, according to a new report.... The attorney, Steven Sadow, says he made a mistake in sharing unredacted phone records with a reporter, and 'when I realized the error, I immediately contacted him and told him explicitly not to disclose them to anyone else and not to publish the cell phone numbers or any other protected information,' reports [Zachary] Cohen [of CNN in a tweet]. However, Cohen reports that 'cell phone records "with personal identifying information" still appeared on social media, per the DA's response' to the motion filed by Trump's team on Friday."
Michael Sisak of the AP: "Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge's finding that he lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency. The former president's lawyers filed notices of appeal Monday asking the state's mid-level appeals court to overturn Judge Arthur Engoron's Feb. 16 verdict in Attorney General Letitia James' lawsuit and reverse staggering penalties that threaten to wipe out Trump's cash reserves.... [MB: Separately (I surmise),] Trump said Engoron's decision, the costliest consequence of his recent legal troubles, was 'election interference' and 'weaponization against a political opponent.' Trump complained he was being punished for 'having built a perfect company, great cash, great buildings, great everything.'" ~~~
~~~ Trolling Trump. Lee Moran of the Huffington Post: "New York Attorney General Letitia James is publicly keeping tabs on the interest accumulating on the hundreds of millions of dollars that Donald Trump has been ordered to pay following the civil fraud trial that James' office brought against the former president and his Trump Organization in New York. James has been posting daily updates on X of the running total of Trump's liability in the case.
** Lying to Investigators? Check. Intent? Oh Yeah. Em Steck, et al., of CNN: "Kenneth Chesebro, the right-wing attorney who helped devise the Trump campaign's fake electors plot in 2020, concealed a secret Twitter account from Michigan prosecutors, hiding dozens of damning posts that undercut his statements to investigators about his role in the election subversion scheme, a CNN KFile investigation has found. Chesebro denied using Twitter ... or having any 'alternate IDs' when directly asked by Michigan investigators last year during his cooperation session, according to recordings of his interview obtained by CNN. But CNN linked Chesebro to the secret account [BadgetPundit] based on numerous matching details.... The Twitter posts reveal that even before the 2020 election, and then just two days after polls closed, Chesebro promoted a far more aggressive election subversion strategy than he later let on in his Michigan interview.... Chesebro has not been charged with any crimes in Michigan and sat for an hourslong interview with the state attorney general's office in early December. In his retelling to Michigan prosecutors, Chesebro has cast himself as a moderate middleman who was duped by Trump's more radical lawyers.
"Asked about the secret tweets..., a spokesman for Michigan Attorney General Dana Nessel, said in a statement to CNN, 'Our team is interested in the material and will be looking into this matter.'... Ryan Goodman, a law professor at New York University, who reviewed the posts for CNN, [said,] 'The Twitter posts strongly suggest Chesebro committed the crime of making false statements to investigators ... his entire cooperation agreement may now fall apart.'"
~~~ Marie: Do you suppose Kenny Boy also lied to Georgia prosecutors who gave him that sweet plea deal?
Kyle Cheney & Josh Gerstein of Politico: "An attempt by D.C. bar authorities to force former Justice Department attorney Jeff Clark to fork over documents -- part of an effort to potentially disbar the ... Donald Trump ally -- would violate his Fifth Amendment rights, a D.C. appeals court panel ruled Monday. In a brief order, the three-judge panel of the D.C. Court of Appeals agreed that the investigators' effort to subpoena documents from Clark 'infringes on Mr. Clark's Fifth Amendment right not to be compelled to be a witness against himself.'"
Jonathan Allen & Zoe Richards of NBC News: "Authorities in Palm Beach County, Florida, responded to Donald Trump Jr.'s home Monday after he was sent an envelope containing a death threat and white powder.... The spokesperson [for the County Fire Rescue squad] said that test results to identify the white substance were inconclusive but that officials on the scene did not believe it was deadly.... 'It's just become a little bit too commonplace that this sort of stuff happens,' he told the [Daily Caller]. 'It doesn't matter what your politics are, this type of crap is unacceptable.'" MB: You might want to tell that to Dad, Donnie. See NYT story linked above, in which Jonah Bromwich reports, "In an affidavit released Monday, the head of his security detail listed some of the worst of the dozens of attacks directed at [Manhattan D.A. Alvin] Bragg last year, including racial slurs and death threats," as a result of Daddy's repeated spoken & written unhinged rants against Bragg.
Presidential Race
He's about as old as I am, but he can't remember his wife's name. -- President Biden, on Donald Trump ~~~
~~~ Trump Is Old. Peter Baker & Michael Shear of the New York Times: "President Biden has come up with a new defense against claims that he is too old to run for another term: At least he knows who his wife is.... As he expands his efforts to reassure voters that he is fit for another four years, Mr. Biden took a turn on the talk show circuit, using an appearance on 'Late Night With Seth Meyers' on NBC to poke his challenger, former President Donald J. Trump, on his own struggles with memory.... [When Trump appeared to refer to his wife as 'Mercedes' during a speech over the weekend, he] was addressing Mercedes Schlapp, a former White House adviser whose husband, Matt Schlapp, the chairman of the American Conservative Union, hosts the conference, according to the former president's spokesman, Steven Cheung." ~~~
~~~ Marie: Nice save, Steve-o. But I still suspect Trump confused Melanie with Mercedes. They're both attractive women with longish brown hair, and Mercedes is as cruel & irresponsible as Melanie I-Really-Don't-Care-Do-U Trump. According to Schlapp's Wiki page, "In May 2018, Schlapp defended White House aide Kelly Sadler after she joked that John McCain's opposition to CIA Director nominee Gina Haspel was irrelevant because 'he's dying anyway'." ~~~
~~~ More here, with Amy Poehler, too!
** It's primary election day in Michigan today for both Democrats & Republicans. On the GOP side, Trumpbots like those featured below will be voting. Thanks to RAS for the lead: ~~~
~~~ IOKIYAR, Trumpity Doo-Dah Edition:
~~~ Michigan. Anjali Huynh of the New York Times: "In the run-up to Michigan's presidential primary on Tuesday, President Biden has stayed out of the state, where he is facing a campaign from liberal activists frustrated with his enduring support for Israel in the war in Gaza.... Representative Ro Khanna of California last week assumed the unofficial role as mediator between Democrats disaffected by Mr. Biden's Middle East policies and Biden allies like himself. He met with students, Arab American leaders and progressive voters, many of whom said they were, at least for now, withholding their support from Mr. Biden. He was blunt about his takeaway. 'We cannot win Michigan with status quo policy,' Mr. Khanna, who has pushed for a cease-fire, said in an interview, adding that a shift should come in 'a matter of weeks, not months.'" More on President Biden's Israel/Palestine policy linked below. ~~~
~~~ Marie: IMO, if the Biden administration can deliver on a significant cease-fire, critics like Rashida Tlaib (here) & Beto O'Rourke (here) will end up looking like the foolish, counterproductive naifs they are. It's about carrots & sticks, kids. While I appreciate (and to an extent share) the underlying impetus of objections to Biden's Israel/Palestine policy, helping Donald Trump win the presidential election will hurt Palestinians a lot more than anything Joe Biden will ever do. Remember the Abraham Accords?
Michigan. Azi Paybarah of the Washington Post tries to explain why "Michigan will hold a Republican presidential primary on Tuesday, but that contest won't award all the state's delegates -- the GOP also will hold a state convention days later to award the rest." It's not entirely clear that a voter can participate in both contests -- well, all three contests, because the Michigan GOP is so messed up that rival party chairmen are holding dueling conventions unless a court decides this week who the "real leader" is. MB: Whatever happens, apparently Trump will win all or most of the state's delegates. As Mercedes/Melanie might say, "I really don't care, do U?"
Karen Tumulty of the Washington Post: Rona Romney McDaniel's tenure as chair of the Republican National Committee has been "marked by one electoral failure after another: the 2018 midterms that returned the House to Democratic control and ended the GOP's one-party rule in Washington; Trump's defeat in 2020 that was coupled with the Democrats taking back the Senate; the expected 'red wave' that failed to materialize in 2022, giving the GOP only the thinnest and most ungovernable of majorities in the House.... Last year saw the RNC's lowest annual fundraising total in a decade.... Meanwhile, many Republican state parties ... have disintegrated into a dysfunctional MAGA-fueled mess.... It is unfair to put the blame for the RNC's deterioration since then at McDaniel's feet.... For instance, it wasn't McDaniel but Trump who squandered the GOP's chances of taking back the Senate in 2022 by endorsing fringe candidates across the map. The real problem is that the Republican Party is no longer recognizable ... as a political party at all. It is being turned into a subsidiary of the Trump Organization."
Adam Liptak of the New York Times: "The Supreme Court seemed skeptical on Monday of laws in Florida and Texas that bar major social media companies from making editorial judgments about which messages to allow. The laws were enacted in an effort to shield conservative voices on the sites, but a decision by the court, expected by June, will almost certainly be its most important statement on the scope of the First Amendment in the internet era, with broad political and economic implications. A ruling that tech platforms have no editorial discretion to decide which posts to allow would expose users to a greater variety of viewpoints but almost certainly amplify the ugliest aspects of the digital age, including hate speech and disinformation. Though a ruling in favor of big platforms like Facebook and YouTube appeared likely, the court also seemed poised to return the cases to the lower courts to answer questions about how the laws apply to sites that do not seem to moderate their users' speech in the same way, like Gmail, Venmo, Uber and Etsy.” ScotusBlog's analysis, by Amy Howe, is here.
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Alabama. Moira Donegan of the Guardian: "... the concept of embryonic personhood, now inscribed in Alabama law, poses dangers well beyond the cruelty it has imposed on the hopeful couples who were pursuing IVF in Alabama, before their state supreme court made that impossible. If embryos and fetuses are people, as Alabama now says they are, then whole swaths of women's daily lives come under the purview of state scrutiny.... Embryonic personhood would also ban many kinds of birth control, such as Plan B, IUDs, and some hormonal birth control pills, which courts have said can be interpreted as working by preventing the implantation of a fertilized egg. (In fact these methods work primarily by preventing ovulation, but facts are of dwindling relevance in the kind of anti-abortion litigation that comes before Republican-controlled courts.)... Even before the Alabama court began enforcing the vulgar fiction that a frozen embryo is a person, authorities there had long used the notion of fetal personhood to harass, intimidate and jail women -- often those suspected of using drugs during pregnancies -- under the state's 'chemical endangerment of a child' law...."
Florida. Never Mind. Lori Rozsa of the Washington Post: "Republican legislators in Florida hit the pause button on a bill that would have given any 'unborn child' new protections after opponents raised concerns it would impact women's reproductive rights in ways similar to the Alabama IVF ruling. The bill had passed easily through most committees in the Republican-led legislature until Democrats began raising concerns last week that the proposal was so broad that it might also impact in vitro fertilization treatments. The legislation sought to define a fetus as an 'unborn child' shielded by civil negligence laws.... Opponents called it an effort to establish 'fetal personhood' that would put abortion providers and people who help women obtain an abortion at risk of being sued.... [Florida GOP] lawmakers pulled a Senate Rules Committee hearing for a companion bill off the calendar on Monday. The committee is not scheduled to meet again this session, which ends March 8, making it unlikely that the bill will advance."
Missouri, et al. Incubator Chattel. Elura Nanos of Law & Crime: "A Missouri lawmaker [State Rep. Ashley Aune (D)] says it is time to end an archaic law that forces pregnant women to stay in potentially dangerous marriages. HB 2402 amends the state's existing divorce law to remove the requirement that a pregnant woman wait until she gives birth in order to get divorced and to specifically state that 'pregnancy status shall not prevent the court from entering a judgment of dissolution of marriage or legal separation.' In Missouri, as in Texas, Arizona, and Arkansas, the current law requires that a pregnant woman has given birth before any child custody or child support order is finalized."
New York. Patrick Svitek of the Washington Post: "Lawmakers in the Democratic-led New York state legislature Monday rejected a new congressional map proposed by an independent redistricting commission, the latest political twist in a state that could play a large role in determining which party wins control of the House. The New York Senate voted down the map proposal Monday afternoon, followed by the lower chamber. The rejection of the map is likely to spark a legal challenge ahead of the state's June 25 primary.... A spokesman for [U.S. House Minority Leader Hakeem] Jeffries [D-N.Y.] said on Feb. 16 that state lawmakers needed to 'meticulously' scrutinize the proposal, particularly whether it protected 'historically under-represented communities.'... The New York congressional map has been under scrutiny since 2022, when Democrats drew one that was heavily favorable to themselves and the state's highest court struck it down as unconstitutional." CNN's report is here.
New York. Joseph Goldstein of the New York Times: "The 93-year-old widow of a Wall Street financier has donated $1 billion to a Bronx medical school, the Albert Einstein College of Medicine, with instructions that the gift be used to cover tuition for all students going forward. The donor, Ruth Gottesman, is a former professor at Einstein, where she studied learning disabilities, developed a screening test and ran literacy programs. It is one of the largest charitable donations to an educational institution in the United States and most likely the largest to a medical school. The fortune came from her late husband, David Gottesman, known as Sandy, who was a protégé of Warren Buffett and had made an early investment in Berkshire Hathaway, the conglomerate Mr. Buffett built. The donation is notable not only for its staggering size, but also because it is going to a medical institution in the Bronx, the city's poorest borough. The Bronx has a high rate of premature deaths and ranks as the unhealthiest county in New York."
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Hungary/Sweden/NATO. Andrew Higgins of the New York Times: "Hungary's Parliament voted on Monday to approve Sweden as a new member of NATO, allowing the Nordic country to clear a final hurdle that had blocked its membership and held up efforts by the military alliance to isolate Russia over its war in Ukraine. The measure passed after a vote of 188 for and only 6 against in the 199-member Parliament, which is dominated by legislators from the governing Fidesz party of Prime Minister Viktor Orban. On Friday, after his Swedish counterpart, Ulf Kristersson, made a visit to Budapest, the Hungarian capital, Mr. Orban declared the end of a monthslong spat with Sweden over its membership of NATO."
Israel/Palestine, et al.
The New York Times' live updates of developments Tuesday in the Israel/Hamas war are here.
Peter Baker & Michael Shear of the New York Times: "President Biden said on Monday that he believed negotiators were nearing an agreement that would halt Israel's military operations in Gaza within a week in exchange for the release of at least some of the more than 100 hostages being held by Hamas. Speaking with reporters during a stop in New York, Mr. Biden offered the most hopeful assessment of the hostage talks by any major figure in many days, suggesting that the war might be close to a major turning point. 'I hope by the end of the weekend,' he said when asked by reporters when he expected a cease-fire to begin. 'My national security adviser tells me that we're close. We're close. We're not done yet. My hope is by next Monday, we'll have a cease-fire.'" The AP's story is here.
Jon Stewart proposes some solutions, but the first two seem a bit sketchy: