The Conversation -- November 9, 2023

** Jack Has a Plan. Kyle Cheney of Politico: "A new court filing from [Jack] Smith's team this week reveals that the mob that stormed Congress in [Donald] Trump's name will be the centerpiece of his trial, scheduled to begin on March 4. It wasn't just an unfortunate reaction to Trump's incendiary remarks that day, prosecutors contend. It was a tool that Trump used to launch one last desperate bid to cling to power. Trump's criminal conspiracies 'culminated and converged' on Jan. 6, when he attempted to prevent Congress from finalizing Joe Biden's victory, argued senior assistant special counsel Molly Gaston. One of the ways that the defendant did so ... was to direct an angry crowd of his supporters to the Capitol and to continue to stoke their anger while they were rioting,' Gaston wrote in the filing.... By combining the Trump allegations with the riot, Smith is unlocking a mountain of case law developed in those Jan. 6 riot cases to tie Trump more clearly to the violence than he has been to date. In short, he's casting Trump as one of the 1,200-plus riot defendants who have already been charged....

"The words in Smith's filing are almost verbatim the case that the committee's vice chair, Liz Cheney, made at the panel's first public hearing.... To make [the prosecution's] case, Smith seems poised to adopt another tactic the select committee once used: testimony of the Jan. 6 rioters themselves, along with video of the mob's intense violence -- much of it coming after Trump repeatedly implored his supporters to march on the Capitol.... Dozens -- if not hundreds -- of those charged in the riot have pointed squarely at Trump for motivating their conduct. Thousands of Trump's supporters had already begun marching to the Capitol before Trump urged them to conduct their march 'peacefully and patriotically.'" ~~~

The new prosecution filing, which is here, was submitted in answer to Trump's motion to "prohibit federal prosecutors from even mentioning the chaos and violence unleashed by his supporters at the Capitol on Jan. 6, 2021." This answer is worth reading, too, as it provides not only a narrative of January 6 events but also evidence that Trump himself has previously admitted, in court filings, that the the indictment "directly alleges that [the defendant] 'directed [supporters] to the Capitol to obstruct the certification proceeding,"' and argued that any Select Committee records of his and others' knowledge and intent related to actions at the Capitol on January 6 "is plainly relevant."

Burgess Everett of Politico: "Joe Manchin will not seek reelection to the Senate, a move that essentially cedes his seat to the GOP in deep-red West Virginia and removes one of Congress' most prominent centrist voices in either party.... Manchin has repeatedly declined to rule out a third-party run for president, possibly on a ticket funded by the deep-pocketed group No Labels. He indicated that he may not be leaving the political scene entirely, saying that he will be 'traveling the country and speaking out to see if there is an interest in creating a movement to mobilize the middle.'" MB: Newsflash, Joe: A politician who avidly promotes fossil fuel is not :in the middle." Anyhow, I have the feeling Joe looked in the mirror and saw a distinguished senator who should be president.

Margaret Sullivan of the Guardian: Reading the results of a poll that "showed Donald Trump winning the presidential election by significant margins over Joe Biden in several swing states..., [plus] Biden's low approval ratings, despite his accomplishments, and you come to an unavoidable conclusion: the news media needs to do its job better. The press must get across to American citizens the crucial importance of this election and the dangers of a Trump win.... Instead, journalists have emphasized Joe Biden's age and Trump's 'freewheeling' style. They blame the public's attitudes on 'polarization', as if they themselves have no role. And, of course, they make the election about the horse race -- rather than what would happen a few lengths after the finish line. Here's what must be hammered home: Trump cannot be re-elected if you want the United States to be a place where elections decide outcomes, where voting rights matter, and where politicians don't baselessly prosecute their adversaries." Thanks to Elizabeth for the link.

From CNN's liveblog on the Israel/Hamas war, also linked below: "Israel will begin to implement four-hour pauses of military operations in areas of northern Gaza each day, the White House says, to allow for humanitarian assistance and to allow civilians to flee. Israel will announce the timing of the pauses three hours beforehand, according to John Kirby, a spokesperson for the US National Security Council. 'We've been told by the Israelis that there will be no military operations in these areas over the duration of the pause, and that this process is starting today,' Kirby said." MB: It seems pretty clear, from comments President Biden made to reporters, that the U.S. is behind these temporary ceasefires. I doubt if Trump -- or any of the bozos on Wednesday night's debate state, would have instigated these humanitarian pauses.

Marcy Wheeler: "Right in the middle of an impeachment for extorting Volodymyr Zelenskyy to dig up dirt on the Bidens and Burisma, Bill Barr's DOJ shut down a corruption investigation into Burisma's Mykola Zlochevsky. Then, days later, Barr set up a process that would insert an allegation that Zlochevsky bribed Joe Biden into the ongoing investigation of Hunter Biden. That is -- by far -- the most scandalous allegation that has come out of the Jamie Comer and Jim Jordan -led effort to gin up an impeachment of Joe Biden. Bill Barr's DOJ shut down an investigation into Zlochevsky's corruption, and then mainlined an allegation of corruption involving Zlochevsky into the investigation of Joe Biden's son. To be fair, the claim that Bill Barr's DOJ shut down a corruption investigation of Zlochevsky didn't come from Comer or Jordan. It came from [Sen.] Chuck Grassley [R-Iowa]. Thanks to RAS for the link. MB: Just is case you were wondering if Barr's DOJ might have been politically corrupt right at the tippy-top.

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Glenn Thrush of the New York Times: "The Biden administration has chosen a vacant lot in Greenbelt, Md., for the new headquarters of the Federal Bureau of Investigation, despite the lingering concerns of some senior bureau officials, four people familiar with the situation said late Wednesday. The plan, which is expected to be made public on Thursday, could still face internal hurdles and zoning or funding issues, but if it goes through it would end one of the most hotly contested bureaucratic decisions of the past decade. Under the proposal, the sprawling campus will be near the Greenbelt Metro station as part of a larger multiuse development. It would replace the crumbling J. Edgar Hoover Building in downtown Washington, which is sheathed in netting to shield passers-by from falling concrete." Politico's story is here.

Matt Seyler & Luis Martinez of ABC News: "The U.S. military on Wednesday said American warplanes struck a weapons storage facility in eastern Syria that officials said was being used by Iran-backed militants responsible for dozens of drone and rocket attacks against American troops in the region over the last three weeks. It was the second such counterstrike in the past two weeks.... Two F-15 fighters launched precision munitions at a weapons-storage warehouse in Deir el-Zour province, according to U.S. officials. 'This precision self-defense strike is a response to a series of attacks against U.S. personnel in Iraq and Syria by IRGC-Quds Force affiliates. The President has no higher priority than the safety of U.S. personnel, and he directed today's action to make clear that the United States will defend itself, its personnel, and its interests,' [Defense Secretary Lloyd] Austin said [in a prepared statement]."

Holmes Lybrand of CNN: "Three individuals have been arrested on charges of operating a 'high-end brothel network' in Massachusetts and Virginia with a clientele that included elected officials, military officers and government contractors with security clearances, the Justice Department announced Wednesday.... [Acting U.S. attorney for Massachusetts Joshua] Levy did not identify any of the brothel's clients and noted that multiple search warrants are being executed in the case in Massachusetts, California and Virginia. Han Lee, 41, of Cambridge, Massachusetts; James Lee, 68, of Torrance, California; and Junmyung Lee, 30, of Dedham, Massachusetts have been charged with conspiracy to coerce and entice to travel to engage in illegal sexual activity."

Luke Broadwater of the New York Times: "House Republicans on Wednesday issued subpoenas demanding testimony from Hunter and James Biden, the president's son and brother, as they hunt for evidence to try to build an impeachment case against him. Representative James R. Comer, Republican of Kentucky and the chairman of the Oversight Committee, authorized the subpoenas of President Biden's family members as well as Rob Walker, one of their business associates. It was the most significant move in the impeachment inquiry since Republicans announced they were opening it in September, despite no evidence that the president had committed high crimes or misdemeanors.... Also on Wednesday, Mr. Comer demanded that other Biden family members submit to transcribed interviews. He sent letters seeking interviews to Sara Biden; Hallie Biden, the widow of Beau Biden, the president's older son; Elizabeth Secundy, Hallie Biden's sister; Melissa Cohen, who is married to Hunter Biden; and Tony Bobulinski, a former associate of Hunter Biden's who has accused the Bidens of wrongdoing." CNN's story is here. (Also linked yesterday.) ~~~

     ~~~ Marie: Really? The sister of the widow of the deceased brother of the living son of the President? I'm surprised they didn't subpoena Joe's dogs, too. Then, instead of biting themselves in the ass with another failed fishing expedition, Commander could do the job for them.

Brandi Buchman of Law & Crime: "In a 3-page ruling, U.S. District Judge Tanya Chutkan ordered [Donald] Trump to finally declare whether he intends to use an 'advice of counsel' defense at his criminal trial in the nation's capital no later than Jan. 15, 2024. Prosecutors asked the judge in October to set a Dec. 18 deadline, sharing concerns that Trump was waiting 'until the eve of trial' to formally declare his strategy." (Also linked yesterday.)

Jonah Bromwich & Ben Protess of the New York Times: "... on Wednesday, Ivanka Trump calmly sidestepped accusations that her family's business prospered thanks to a lie. Ms. Trump ... was questioned for five hours about her father's net worth and the loans he received because of it. While some evidence suggested that Ms. Trump had dealt directly with her father's annual financial statements, which listed the value of his assets, she said that her focus had been elsewhere. 'I would assume he would have personal financial statements,' she said, adding, 'Those weren't things that I was privy to.' The trial stems from a lawsuit filed by the attorney general, Letitia James, that accuses ... Donald J. Trump and his family business of fraudulently inflating his wealth on the financial statements." ~~~

     ~~~ Here are the New York Times' live updates of Ivanka Trump's testimony in the Trump Family Fraud case. See yesterday's Conversation for some excerpts. CNN's live updates are here. (Also linked yesterday.)

Seth takes a closer look at the news:

Presidential Race 2024

Nicholas Riccardi & Steve Peoples of the AP: "... five Republican presidential candidates gathered Wednesday for the party's latest debate. [Donald] Trump, the overwhelming front-runner in the race, skipped the event, as he has the first two, citing his polling advantage. There was no shortage of noteworthy confrontations on stage, as the participants debated the Israel-Hamas war, the future of abortion rights and Trump himself. But with the Jan. 15 Iowa caucuses approaching, it seemed unlikely that the debate fundamentally changed the presidential nomination fight.... Moderators from NBC News opened by pressing the contenders to articulate why they -- and not Trump -- should become the Republican nominee. There was hardly a robust takedown of Trump...." ~~~

~~~ Judging by news stories, this is the top takeaway from the event (quote from the AP story linked above): "... halfway through the debate, after Haley said she'd respond to Ramaswamy's digs rather than answer a question about banning Tik-Tok, that Ramaswamy made his most shocking attack. Noting Haley hadn't answered the question, Ramaswamy said, 'Her own daughter was using the app for a long time, so you might want to take care of your daughter first.' Haley responded by forcefully telling Ramaswamy to 'leave my daughter out of your voice.' She later said, 'You're just scum.'" ~~~

     ~~~ NBC News, which hosted this first not-Fox debate, reports what it calls highlights. ~~~

     ~~~ Natalie Allison & Meredith McGraw of Politico: Tim Scott brings his girlfriend. ~~~

     ~~~ Marie: The biggest debate about the debate seems to be centered on whether or not Vivek Ramaswamy called Ukraine's President Volodymyr Zelensky a Nazi. Ken Bensinger of the New York Times gets the record right. Many other outlets have not been as kindly to Ramaswamy. For what it's worth, I don't think Vivek meant what he seemed to say, but that's only because I already knew the context. Note to Vivek: a president should know how to speak carefully and clearly -- and also not be a scum. ~~~

     ~~~ Speaking of scums who don't know how to speak carefully & clearly ~~~

     ~~~ Meredith McGraw & Alex Isenstadt of Politico: "Donald Trump spent the third presidential primary debate 10 miles away, musing about how dull the night he was ditching surely was. 'They're not watchable,' Trump said of the Republican forum taking place in Miami as he spoke. 'You know, the last debate was the lowest-rated debate in the history of politics, so therefore do you think we did the right thing by not participating?' Trump said to cheers in the crowd." AND ~~~

     ~~~ Marie: According MSNBC this morning, Trump is still very confused. Despite having made the same mistake last week, he can't find Hungary on a map, claiming again that it borders Ukraine & Russia. While Hungary does have a teeny border with Ukraine, nowhere does it come close to abutting Russia. Trump also confused China and North Korea, calling Little Kim the leader of 1.4 billion people, the approximately number of people living in China. North Korea's population is more like 26 million.

Patrick Marley of the Washington Post: "The Minnesota Supreme Court ruled Wednesday that ... Donald Trump can appear on the primary ballot next year but left open the possibility he could be struck from the general election ballot because of the Jan. 6, 2021, attack on the U.S. Capitol.... In a short court order, Minnesota Chief Justice Natalie E. Hudson said the justices are dismissing the case because the state's March 5 primary is 'an internal party election to serve internal party purposes' that does not provide the final determination of who appears on the ballot for the general election in November 2024.'... Trump praised the ruling in a statement posted on his Truth Social platform: 'Congratulations to all who fought this HOAX!'"

Brooks Barnes, et al., of the New York Times: "SAG-AFTRA, the union representing tens of thousands of actors, reached a tentative deal for a new contract with entertainment companies on Wednesday, clearing the way for the $134 billion American movie and television business to swing back into motion. Hollywood's assembly lines have been at a near-standstill since May because of a pair of strikes by writers and actors, resulting in financial pain for studios and for many of the two million Americans -- makeup artists, set builders, location scouts, chauffeurs, casting directors -- who work in jobs directly or indirectly related to making TV shows and films. Upset about streaming-service pay and fearful of fast-developing artificial intelligence technology, actors joined screenwriters on picket lines in July. The writers had walked out in May over similar concerns. It was the first time since 1960, when Ronald Reagan was the head of the actors' union and Marilyn Monroe was still starring in films, that actors and writers were both on strike." NPR's story is here.

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Israel/Palestine

The Washington Post's live updates of developments Thursday in the Israel/Hamas war are here: "An estimated 50,000 people fled the north of Gaza through a 'corridor' opened by the Israeli military Wednesday, according to the U.N. humanitarian affairs agency, as Israeli ground troops pushed deeper into Gaza City and clashed with Hamas militants. U.N. human rights commissioner Volker Türk accused both Hamas and Israel of war crimes, citing the 'the atrocities perpetrated' by Hamas on Oct. 7 and 'the collective punishment by Israel of Palestinian civilians.' French President Emmanuel Macron convened an international aid conference on Thursday, with dozens of world leaders, as well as U.N. and Red Cross officials, expected to attend." ~~~

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

Michael Shear of the New York Times: "Secretary of State Antony J. Blinken said Wednesday that Gaza should be unified with the West Bank under the Palestinian Authority once the war is over, offering a strong signal about what the United States sees as its preferred endgame in the fight between Israel and Hamas. The message, delivered during a meeting of foreign ministers in Tokyo, came as President Biden feels growing pressure to use his leverage to push for sustainable, long-term goals in the region and minimize civilian casualties. But increasingly, the United States and Israel are showing signs that their interests are diverging."

Ukraine, et al. David Stern, et al., of the Washington Post: "Members of Ukraine's 128th Mountain Assault Brigade gathered Friday morning for a medal ceremony near the front line in the southeastern region of Zaporizhzhia -- continuing a military tradition dating back to Soviet times, which Ukrainian officials had sustained to prop up morale among exhausted troops.... But instead of celebrating the fighters' bravery and service, the award ceremony turned into a bloodbath. A Russian missile strike killed at least 19 soldiers in attendance, including several high-ranking officers and some of the brigade's best warriors. Many had removed their helmets for the proceedings and suffered head injuries. Dozens of others were wounded.... The awful toll from the ceremony, which was called in honor of Ukrainian Missile Force and Artillery Day, has raised searing questions about why such a large public event was held in a location that could easily be seen by Russian drones and was well within range of Russian missiles."

News Lede

CNN: “A suspect has been taken into custody in last month's killing of Detroit synagogue president Samantha Woll, Detroit Police said Wednesday. In a statement on X, Police Chief James E. White said details of the investigation will remain confidential at this time.... Investigators are treating her death as arising from a domestic dispute and not extremism, according to a law enforcement source familiar with the investigation."

The Conversation -- November 8, 2023

Marie: Don't forget to miss tonight's GOP presidential* debate. Not sure when it is or where it airs. Easy enough to find out. Don't care.

Luke Broadwater of the New York Times: "House Republicans on Wednesday issued subpoenas demanding testimony from Hunter and James Biden, the president's son and brother, as they hunt for evidence to try to build an impeachment case against him. Representative James R. Comer, Republican of Kentucky and the chairman of the Oversight Committee, authorized the subpoenas of President Biden's family members as well as Rob Walker, one of their business associates. It was the most significant move in the impeachment inquiry since Republicans announced they were opening it in September, despite no evidence that the president had committed high crimes or misdemeanors.... Also on Wednesday, Mr. Comer demanded that other Biden family members submit to transcribed interviews. He sent letters seeking interviews to Sara Biden; Hallie Biden, the widow of Beau Biden, the president's older son; Elizabeth Secundy, Hallie Biden's sister; Melissa Cohen, who is married to Hunter Biden; and Tony Bobulinski, a former associate of Hunter Biden's who has accused the Bidens of wrongdoing." CNN's story is here. ~~~

     ~~~ Marie: Really? The sister of the widow of the deceased brother of the living son of the President? I'm surprised they didn't subpoena Joe & Jill Bidens' dogs, too. Then, instead of biting themselves in the ass with another failed fishing expedition, Commander could do the job for them.

Brandi Buchman of Law & Crime: "In a 3-page ruling, U.S. District Judge Tanya Chutkan ordered [Donald] Trump to finally declare whether he intends to use an 'advice of counsel' defense at his criminal trial in the nation's capital no later than Jan. 15, 2024. Prosecutors asked the judge in October to set a Dec. 18 deadline, sharing concerns that Trump was waiting 'until the eve of trial' to formally declare his strategy."

Here are the New York Times' live updates of Ivanka Trump's testimony in the Trump Family Fraud case. Excerpts, in descending order, below: ~~~

Jonah Bromwich Fashion News: "Ivanka Trump enters. She's wearing a dark suit and white shirt."

Bromwich: On the stand and being questioned by prosecutor Louis Solomon, "She says she does not believe that she's done any work for the company since January 2017."

Bromwich: "Ivanka Trump testifies that her husband, Jared Kushner, introduced her to an important contact at Deutsche Bank, Rosemary Vrablic. Trump says that she had heard that Vrablic was a 'formidable' banker with a lot of experience and says she was happy to make the connection with her."

Bromwich: "Ivanka Trump sounds polished as she describes the Trump Organization's interest in Doral [a Trump Org-owned golf club in the Miami area, which is a big money-loser]."

Kate Christobek Courtroom Etiquette Notes: "Ivanka Trump's demeanor on the stand is the polar opposite of her father's. She's soft spoken and seems to be carefully choosing her words."

Susanne Craig: "It's clear Ivanka Trump was deeply involved in the financing of Doral and the Old Post Office in Washington that became the Trump International Hotel. But she says she doesn't remember much. She has said 'I don't recall" or a version of it multiple times now."

Bromwich: "We're looking at what could be an important email exchange. A lawyer at the Trump Organization said that the net worth covenant -- the one that required Donald Trump to maintain a minimum net worth of $3 billion -- would be a problem. But Ivanka Trump responded that it was known from the outset that the only way to get a 'great rate' on a loan is to guarantee the deal in this way. Again, this underscores [AG Letitia] James's claim: That the statements of financial condition, and Donald Trump's overall net worth, allowed the Trump Organization to get such great terms from banks."

Bromwich: "Ivanka Trump is asked about the annual financial statement, and she says -- as her brothers did -- that she was not involved and does not know which valuations it took into account."

Christobek: "Right before the break, Ivanka Trump appeared to be getting annoyed at the questions about her father's financial statements."

Bromwich: "Ivanka Trump is now being asked about the General Services Administration meeting and she continues to drown the specifics about the financial statements in the generalities of the proposal for developing the Old Post Office. 'I don't recall them having discussed financial statements specifically,' she says. 'The whole meeting was mainly about our vision for the project.'"

Christobek. Body Language: "Ivanka Trump’s testimony has been calm and controlled, even as the attorneys have occasionally argued with each other. But, like her father, she becomes animated when talking about Trump Organization projects, using hand gestures like she's conducting a presentation."

Bromwich: "... she again that she does not remember what she made from the [Washington, D.C.,] Old Post Office sale."

Craig: "It's important to remember that Ivanka Trump and her brothers owned a stake in the Old Post Office hotel lease in Washington. It was sold in 2022 and Ivanka was shown an exhibit that indicated her father received $126 million from the sale. She got approximately $4 million."

Bromwich: Defense attorney Jesus "Suarez is starting by asking Ivanka Trump direct questions about her professed noninvolvement with the annual financial statements, including whether she was responsible for submitting them or assigning specific values. She says no."

Craig: "Ivanka Trump is talking about how successful the redevelopment of the Old Post Office was. She hasn't mentioned the hotel never turned a profit; it lost more than $74 million under the Trumps' ownership."

Bromwich: "The judge has lost his patience and is telling Christopher Kise, a defense lawyer, that he does not appreciate frequent insinuations that he is biased against the Trump legal team. Kise has often pointed out that the judge rules in favor of the attorney general far more often than he does the Trump team. 'You could try to surmise that that's because of bias or you could try to understand that I think their objections have been of greater validity than yours,' Justice Engoron responds."

Bromwich Boo Hoo Hoo: "Suarez, the defense lawyer, appears to have lost his temper about the government laughing at his questions 'They're laughing. They're sitting back here laughing,' he says, pointing. 'They think this is funny. This is not funny.' He says he wants the record to reflect the government is laughing at its own attempts to 'destroy this country.'"

Bromwich: "The government rests its case, but reserves its right to call Allen Weisselberg, the former chief financial officer of the Trump Organization."

CNN's live updates are here.

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Election Results

** Kentucky Governor: Democratic incumbent Andy Beshear is ahead 52.5% to 47.5% for Republican Daniel Cameron, with more than 95% of the vote counted. NBC News has called the election for Democratic Gov. Andy Beshear. ~~~

     ~~~ Bridget Bowman of NBC News: "Beshear's re-election in a state President Joe Biden lost by 26 percentage points in 2020 was due in part to the unique brand he has built in Kentucky, separate from the national party. But the victory is still a welcome sign for Democrats ahead of next year's presidential race, with recent governor's elections in Kentucky having previewed presidential victories to come. In his bid for a second term, Beshear leveraged the popularity he built over the last four years, touting the state's economic progress and his response to natural disasters, including devastating floods." The Washington Post's story is here.

Mississippi Governor: GOP incumbent Tate Reeves is ahead with 51.8% of the vote, and 46.9% for Democrat Brandon Presley, with moe than 95% of the vote counted. NBC News has declared Reeves the winner.

** Ohio Issue 1 -- Right to Abortion: The state constitutional amendment guaranteeing abortion rights is ahead 56.6% to 43.4%, with more than 95% of the votes cast. The New York Times estimates that the amendment, which requires only a 50%+1 vote, will pass. At 9:00 pm ET Tuesday, NBC News projected that the amendment will pass. ~~~

     ~~~ Kate Zernike of the New York Times: "Ohio voters resoundingly approved a ballot measure enshrining a right to abortion in the State Constitution, according to The Associated Press, continuing a winning streak for abortion-rights groups that have appealed directly to the public as they try to recover from the United States Supreme Court's reversal of Roe v. Wade. Issue 1, as the ballot measure is known, had become the country's most-watched race in the off-year elections, as both parties try to gauge whether voter anger over the loss of the federal right to abortion could help Democrats in next year's presidential and congressional races.... While abortion-rights groups prevailed in six out of six state ballot measures last year, Ohio was considered the toughest fight yet.... From the governor and attorney general on down, [state Republicans] had leaned on the power of their offices to try to thwart the measure." A related ABC News story is here. ~~~

     ~~~ President Biden's statement, via the White House, is here.

Ohio Issue 2 -- Legalize Marijuana: the vote that would legalize the possession, use & sale of marijuana for people 21 and older, with 95% of the vote counted, is ahead 57.0% to 43.0%.

** Virginia State Legislature results are here. Of the state senate races that have been called as of 7:00 am ET Wednesday, Democrats are ahead 21 to 17 GOP senators. Of the state house of delegates races that have been called as of the same time, Democrats are ahead 51 to 47 seats. The AP has called both houses for Democrats. ~~~

     ~~~ Michael Wines of the New York Times: “Democrats retook full control of the Virginia General Assembly, The Associated Press reported, handing a defeat to Gov. Glenn Youngkin, a Republican who had poured millions of dollars and his personal political capital into expanding power for his party in the legislature. The Democratic Party not only maintained its narrow hold on the State Senate, but also captured control of the House of Delegates, where Republicans had held a 48-to-46 majority since 2021." ~~~

     ~~~ Laura Vozzella & Teo Armus of the Washington Post: "By giving control of those two chambers to Democrats, voters denied [Gov. Glenn] Youngkin (R) the political allies he needed to ban most abortions after 15 weeks. The governor also lost his chance for turning Virginia sharply to the right in other areas, including public education, tax policy, LGBTQ+ rights, criminal justice, the environment and voting access." NPR's story is here.

Vote totals above via the New York Times. CNN has all its results on this page.

Other Races:

Tracey Tully of the New York Times: "Democrats in New Jersey appeared likely to retain a comfortable majority in the Assembly and the Senate, according to early results from The Associated Press in Tuesday's races.... As of 11:30 p.m., Democrats had held on to win in competitive districts in southern and central New Jersey and were leading in other key races."

Philadelphia, Pa. Mayor: David Chen & Joel Wolfram of the New York Times: "Cherelle Parker, a longtime state and local elected official who promised Philadelphia residents that she would aggressively tackle the city's crime woes, was elected mayor Tuesday, according to The Associated Press, making her the first woman voted into the city's highest office."

A very tough night for many mainstream journalist and pundits. They will have to work all night long to turn this into the story of why it’s bad for Democrats. https://t.co/KTZZCgRPJ5

— Norman Ornstein (@NormOrnstein) November 8, 2023

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Leader of Chaos Caucus Sez "Trust Us." Jacob Bogage & Jeff Stein of the Washington Post: "Congress appeared deadlocked Tuesday on a path to avert a federal shutdown in less than two weeks, as House Speaker Mike Johnson (R-La.) floated a plan to finance the government that drew criticism from senators of both parties. Johnson told Americans to 'trust us,' as he pitched a staggered Republican approach to fund the government, one that has little chance of success in the Democratic-controlled Senate. Senate Majority Leader Charles E. Schumer (D-N.Y.) hours later admonished the speaker and Republicans for fiscal brinkmanship."

Kayla Guo of the New York Times: "The House voted on Tuesday to censure Representative Rashida Tlaib, Democrat of Michigan, formally rebuking the sole Palestinian American in Congress for her statements regarding the Israel-Hamas war. Twenty-two Democrats joined most Republicans to pass the resolution, which accuses Ms. Tlaib of 'promoting false narratives' surrounding Hamas's Oct. 7 attack on Israel and of 'calling for the destruction of the state of Israel.' The vote was 234 to 188. Four Republicans voted against censuring Ms. Tlaib, while one Democrat and three Republicans voted 'present,' declining to take a position. After the gavel fell, Democratic lawmakers, mostly progressives, surrounded Ms. Tlaib on the floor and embraced her. The Democratic support for reprimanding one of their own reflected an increasingly intense division in the party over the Israel-Hamas war."

Miss Margie's Don't-Pay-Gay Bill. Katherine Tully-McManus of Politico: "The House GOP moved to reduce Transportation Secretary Pete Buttigieg's salary to just $1, the conference's latest move as conservatives have explored using obscure funding rules to exact political pain on the Biden administration. The cut for Buttigieg was adopted by voice vote as an amendment to the fiscal 2024 Transportation-HUD spending bill and was put forth by Rep. Marjorie Taylor Greene (R-Ga.). The bill still needs to be approved by the full House but stands no chance at approval from the Democratic-controlled Senate."

Catherine Rampell of the Washington Post delves into Mike Johnson's mysterious banking practices and reveals the rather unsatisfactory explanation: "... early Tuesday morning, Politico reported that his office told its own reporter that Johnson does indeed have a bank account. His account does not pay interest, though, which makes it exempt from House disclosure rules. Holding your family's entire savings in a non-interest-bearing account is a strange choice for a high-income household, particularly during a period of high inflation. But more important, this arrangement still leaves voters in the dark about Johnson's financial well-being. Whatever Johnson's motivation for managing his money this way, the effect is to obscure what his resources actually look like and whether he's under the kind of financial strain that other parts of his disclosures might suggest."

Devlin Barrett & Jacqueline Alemany of the Washington Post: "David Weiss, the federal prosecutor tapped to serve as special counsel investigating Hunter Biden, testified Tuesday behind closed doors to a House committee, telling lawmakers that he has had full authority over the case and has not been overruled at any point by other Justice Department officials. It is highly unusual for the Justice Department to make a special counsel available for questioning by Congress before an investigation is complete. Weiss did so in large part to address lingering concerns raised by two IRS agents on the Biden case who earlier this year accused Weiss and other Justice Department officials of slow-walking their work. One of the agents said Weiss told him he wasn't the decision-maker in the case. Weiss, the U.S. attorney in Delaware [MB: and a Trump appointee], has disputed that claim and did so again in his opening statement to the House Judiciary Committee. Citing the IRS agents' accounts, Republican lawmakers have accused the Justice Department under President Biden of stalling the politically sensitive investigation. On Tuesday, GOP committee members said they found Weiss's account unconvincing...." The CBS News story is here. ~~~

     ~~~ Marie: You can tell the Irish, you can tell the Dutch. You can tell Republicans, but you can't tell 'em much.

The Trials of Trump, Ctd.

Ben Protess, et al., of the New York Times: "Ivanka Trump on Wednesday will become the fourth member of her family to testify in a civil case brought by the New York attorney general.... Ms. Trump was initially a defendant like her father, brothers and the Trump Organization itself, but an appeals court dismissed the case against her [MB: because the state's statute of limitations had run out on most of her Trump Org activities].... Ms. Trump played a central role in setting up some of the company's relationships with financial institutions -- particularly Deutsche Bank.... She sought to avoid taking the stand, but the court required her participation.... Ms. Trump also hired her own lawyer, separate from the legal team representing her family in [AG Letitia] James's case.... The last time Ms. Trump testified about her father -- before a congressional committee investigating the Jan. 6 attack on the Capitol -- it was a major embarrassment for the former president." A CBS News report is here.

Marie: Yesterday I linked NYT and NBC News stories about Jack Smith's filings in the D.C. election interference case. Rachel Weiner, et al., of the Washington Post make an important point that the other stories do not: "Special counsel prosecutors said Monday ... they don't need to prove whether Trump believed he lost the race.... The Justice Department ... [said] that what they need to prove is not that Trump believed the 'Big Lie' of the election being stolen but that he knowingly spread associated lies in a criminal scheme to stay in power.... Prosecutors said they will point to several specific claims made by Trump and his unindicted co-conspirators to prove the 'deceit' that is necessary to prove fraud against the United States, one of the four charges he faces in D.C. Those include various baseless allegations that dead or ineligible voters cast ballots, that voting machines changed votes from Trump to Biden or that election workers added fake ballots for Biden to vote totals. In each case, prosecutors said in the indictment, Trump and his allies had been informed the claims were false. Prosecutors say deceit can also be shown through co-conspirator Rudy Giuliani's false assurances to 'fake electors' that they would only be deployed if litigation changed the election results." (Also linked yesterday.)

Stephen Collinson of CNN: "The judge in Donald Trump's civil fraud trial despairingly pressed the ex-president's lawyer: 'I beseech you to control him if you can.... And the answer, as always, was no, Trump cannot be controlled. No mere lawyer could impose the kind of discipline that two-and-a-half centuries of constitutional checks and balances could not provide during Trump's time in office or since.... Trump's combative defense ... revealed insights into Trump's relentless refusal to give an inch to his enemies and showed why voters who despise East Coast authority figures and liberal societal codes adore him." (Also linked yesterday.)

Adam Liptak of the New York Times: "The Supreme Court seemed ready on Tuesday to rule that the government may disarm people under domestic violence orders, limiting the sweep of last year's blockbuster decision that vastly expanded gun rights. Several conservative justices, during a lively if largely one-sided argument, seemed to be searching for a narrow rationale that would not require them to retreat substantially from a new Second Amendment test the court announced last year in giving people a broad right to arm themselves in public. Under the new standard, the justices said courts must look to history to assess the constitutionality of gun control measures. But conservative justices seemed prepared on Tuesday to accept that a judicial finding of dangerousness in the context of domestic violence proceedings was sufficient to support a federal law making it a crime for people subject to such orders to possess guns -- even if there was no measure from the founding era precisely like the one at issue in the case." (Also linked yesterday. This is an update of a story linked yesterday before the Court heard arguments.)

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Wisconsin. Praveena Somasundaram of the Washington Post: "As the mayor of Milwaukee signed a resolution Monday to help curb reckless driving incidents, Police Chief Jeffrey Norman stood behind him at the news conference. Norman implored Milwaukee residents to drive safely and legally.... But shortly after Norman left the news conference, a dump truck crashed into his SUV, according to local media reports. The driver of the truck rear-ended Norman's vehicle when trying to switch lanes at a red light, the Milwaukee Journal Sentinel reported. The crash happening right after the reckless driving conference was 'cruelly coincidental,' Milwaukee Mayor Cavalier Johnson said in a statement Monday. Norman and another officer who was in the car were treated for non-life-threatening injuries, police said."

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Israel/Palestine

The New York Times' live updates of developments Wednesday in the Israel/Hamas war are here. CNN's live updates are here. ~~~

     ~~~ The Washington Post's live updates for Wednesday are here: "Secretary of State Antony Blinken said Israel should not reoccupy Gaza, after Prime Minister Benjamin Netanyahu vowed that Israel would assume responsibility for Gaza's security 'for an indefinite period.' Blinken told reporters that 'Gaza cannot continue to be run by Hamas' but that 'it's also clear that Israel cannot occupy Gaza.' Blinken left open the possibility of a 'transition period' after the war, adding it is 'imperative that the Palestinian people be central to the governance of Gaza and the West Bank.' He spoke in Tokyo, where the Group of Seven nations backed the U.S. push for 'humanitarian pauses' in Israel's assault on Gaza, while stopping short of calling for a cease-fire."

Lisa Friedman of the New York Times: "The White House cautioned Israel on Tuesday against reoccupying Gaza after Prime Minister Benjamin Netanyahu suggested that his country could hold a security role there 'for an indefinite period' once the war is over. 'We're having active discussions with our Israeli counterparts about what post-conflict Gaza looks like,' John Kirby, the White House national security spokesman, told reporters. 'The president maintains his position that reoccupation by Israeli forces is not the right thing to do.' The words of caution came after Mr. Netanyahu said Israel would need to oversee the security of the Gaza Strip once the fighting is over to prevent future attacks. Mr. Netanyahu, in an interview with ABC News, did not say who should govern the enclave after Hamas, which now controls it, is gone. But he said he thought Israel would 'have the overall security responsibility' over the territory indefinitely."

Bangladesh. About Your Pretty Clothes. Saif Hasnat of the New York Times: "Days after violent protests over wages as low as $80 a month, officials in Bangladesh said on Wednesday they would increase the pay of garment workers by about 50 percent, a concession that appeared to fall short of satisfying thousands of workers who produce clothes for brands like H&M and Zara.... The garment industry accounts for more than 80 percent of Bangladesh's annual exports of about $55 billion, and it is seen as the key driver of Bangladesh's economic growth in recent decades. More than 50 percent of employees in the industry are women, in a region with abysmal female participation in the formal work force."

Ukraine, et al. Siobhán O'Grady of the Washington Post: "After months of heavy losses in a largely stalled counteroffensive against Russia, tension among Ukraine's senior leaders has spilled awkwardly into the open in recent days -- prompting President Volodymyr Zelensky to call for a halt to political infighting.... He warned that shattered unity could have drastic consequences: 'The situation is now the same as it was before -- if there is no victory, there will be no country.'"

The Conversation -- November 7, 2023

Marie: Earlier I linked NYT & NBC News stories about Jack Smith's filings in the D.C. election interference case. Rachel Weiner, et al., of the Washington Post make an important point that the other stories do not: "Special counsel prosecutors said Monday ... they don't need to prove whether Trump believed he lost the race.... The Justice Department ... [said] that what they need to prove is not that Trump believed the 'Big Lie' of the election being stolen but that he knowingly spread associated lies in a criminal scheme to stay in power.... Prosecutors said they will point to several specific claims made by Trump and his unindicted co-conspirators to prove the 'deceit' that is necessary to prove fraud against the United States, one of the four charges he faces in D.C. Those include various baseless allegations that dead or ineligible voters cast ballots, that voting machines changed votes from Trump to Biden or that election workers added fake ballots for Biden to vote totals. In each case, prosecutors said in the indictment, Trump and his allies had been informed the claims were false. Prosecutors say deceit can also be shown through co-conspirator Rudy Giuliani's false assurances to 'fake electors' that they would only be deployed if litigation changed the election results."

Adam Liptak of the New York Times: "The Supreme Court seemed ready on Tuesday to rule that the government may disarm people under domestic violence orders, limiting the sweep of last year';s blockbuster decision that vastly expanded gun rights. Several conservative justices, during a lively if largely one-sided argument, seemed to be searching for a narrow rationale that would not require them to retreat substantially from a new Second Amendment test the court announced last year in giving people a broad right to arm themselves in public. Under the new standard, the justices said courts must look to history to assess the constitutionality of gun control measures. But conservative justices seemed prepared on Tuesday to accept that a judicial finding of dangerousness in the context of domestic violence proceedings was sufficient to support a federal law making it a crime for people subject to such orders to possess guns -- even if there was no measure from the founding era precisely like the one at issue in the case." This is an update of a story linked before the Court heard arguments.

Stephen Collinson of CNN: "The judge in Donald Trump's civil fraud trial despairingly pressed the ex-president's lawyer: 'I beseech you to control him if you can.... And the answer, as always, was no, Trump cannot be controlled. No mere lawyer could impose the kind of discipline that two-and-a-half centuries of constitutional checks and balances could not provide during Trump's time in office or since.... Trump's combative defense ... revealed insights into Trump's relentless refusal to give an inch to his enemies and showed why voters who despise East Coast authority figures and liberal societal codes adore him."

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Jonathan Weisman of the New York Times: "Voters in Ohio, Kentucky, Virginia, Mississippi and elsewhere head to the polls on Tuesday for off-year elections that will offer clues to the continued potency of abortion against the drag of President Biden's low approval ratings as politicians prepare for the coming presidential election year....

All 140 seats in Virginia's General Assembly are on the ballot Tuesday, with the Democratic-leaning state's relatively popular Republican governor, Glenn Youngkin, hoping to capture the State Senate and secure total Republican control of Richmond. That feat would propel Mr. Youngkin's national ambitions. But Democrats are running on abortion rights, warning that G.O.P. control would end abortion access in the last state in the Southeast....

A similar dynamic is playing out in Kentucky, where Democrats have leaned heavily on the abortion issue, especially to tarnish the Republican challenger for governor, Daniel Cameron, who, as the current state attorney general, has had to defend Kentucky's total abortion ban. The incumbent Democratic governor, Andy Beshear, remains popular, with a family name (his father, Steve Beshear, was also a governor) and a moderate reputation....

Texans will decide the fate of 14 constitutional amendments, including one that would bar the state from imposing a "wealth" tax, or a tax on the market value of assets owned but not sold."

Mississippi Governor's Race Is All Shook Up. Molly Hennessey-Fiske of the Washington Post: Democrat "Brandon Presley, a former small-town mayor and state utilities regulator, has run a surprisingly strong campaign against Republican Gov. Tate Reeves, who is seeking a second term. Presley also happens to be a cousin of Elvis Presley.... Presley, 46, has focused his campaign on championing populist issues and battling corruption. Reeves, 49, has found himself on the defensive, tangled up in the state's largest public corruption investigation over misuse of millions of dollars in welfare funds while he was lieutenant governor. Reeves is still favored to win -- Republicans hold all of the top statewide offices and control both chambers of the legislature -- but strategists and grass-roots activists on both sides say activity on the ground suggests a close race."

Ohio. Melissa Quinn of CBS News: "Ohio voters head to the polls Tuesday to weigh in on a closely watched proposal to establish a constitutional right to abortion in what will be an early test of whether Democrats can successfully use the issue to mobilize voters in next year's congressional and presidential elections.... Support from a majority -- 50% plus one vote -- is needed for Issue 1 to pass.... Ohio Republicans attempted earlier this year to raise the threshold for approving changes to the state constitution, which would've made doing so more difficult. Under the measure put to voters during a special election held in August, also called Issue 1, any proposed constitutional amendment would've required approval from at least 60% of voters, a supermajority. But Ohio voters definitively rejected the ballot measure, with 57.1% voting 'no.'"

The Trials of Trump, Ctd. Lying on the Stand Edition

Jonah Bromwich & Ben Protess of the New York Times: "Within minutes of [Donald] Trump’s taking the witness stand on Monday, his civil fraud trial in Manhattan devolved into a chaotic spectacle before a packed house. The former president lashed out at his accusers and denied their claims, even while conceding involvement in some of the conduct at the case's heart. Ranting and rambling as the courtroom pulsed with tension, Mr. Trump attacked New York's attorney general, Letitia James, as a 'political hack.' He derided the proceeding as 'a very unfair trial.' And he scolded the judge overseeing the case, Arthur F. Engoron, for having decided before the trial that he had committed fraud. 'He called me a fraud, and he didn't know anything about me!' Mr. Trump exclaimed from the stand, pointing at the judge, who flashed a grin....

"Mr. Trump ... acknowledged helping to assemble annual financial statements submitted to the banks. 'I would look at them, I would see them, and I would maybe on occasion have some suggestions,' said Mr. Trump.... Frequently, [prosecutor Kevin] Wallace drew Mr. Trump in with simple questions about whether he had depended on the banks to rely on his financial statements. Mr. Trump affirmed that he had, without seeming to realize that the question went to intent, a necessary element for Ms. James's lawyers to show. He also couldn't resist exaggerating in exactly the fashion that has left him vulnerable to the attorney general's claims.... By the time Mr. Trump got up to leave the stand at the end of the day, the judge appeared relieved. He turned to the former president and held up his left hand in a goodbye wave." MB: The defense opted not to try to rehabilitate Trump. My guess is they realized they could not control Trump's outbursts even during direct examination.

~~~ Marie: Yesterday I copied many (though certainly not all) of the reporters' entries in the New York Times' liveblog of what turned out to be nearly a full day of Donald Trumpery. If you don't have access to the NYT, you might enjoy scanning the entries I posted. Two favorites:

Susanne Craig: "Trump said the square footage on his New York City apartment may have been exaggerated in part because the elevator shafts were mistakenly included in the total." [MB: Hilarious: Can you imagine one appraiser saying to another: "Say, Charlie, run you tape down those elevator shafts, will you?"]

Jonah Bromwich: "Trump was just asked his involvement in the 2021 financial statement. He tried to answer saying that he was busy with the presidency, focused on 'China, Russia and keeping our country safe.' Wallace, the state lawyer, reminded him that he was not president in 2021." [MB: He's an old man; he can't remember when he was president*.]

I beseech you to control him if you can. If you can't, I will. -- Judge Arthur Engoron to Donald Trump's lawyers, in court Monday

In my 33 years, I have not had a witness testify better. -- Christopher Kise, Trump's lawyer, at the end of Trump's disastrous testimony Monday ~~~

~~~ Jill Colvin of the AP: "... Donald Trump vigorously defended his wealth and business on Monday, tangling from the witness stand with the judge overseeing his civil fraud trial and denouncing as a 'political witch hunt' a lawsuit accusing him of dramatically inflating his net worth. Trump's long-awaited testimony about property valuations and financial statements was punctuated by personal jabs at a judge he said was biased against him and at the New York attorney general, whom he derided as a 'political hack.' He proudly boasted of his real estate business -- 'I'm worth billions of dollars more than the financial statements' -- and disputed claims that he had deceived banks and insurers. 'This is the opposite of fraud,' he declared. Referring to New York Attorney General Letitia James, a Democrat whose office brought the lawsuit, he said, 'The fraud is her.' The testy exchanges, and frequent rebukes from the judge, underscored Trump's unwillingness to adapt ... to a formal courtroom setting governed by rules of evidence and legal protocol." (Also linked yesterday.) Politico's report is here.

Aaron Blake of the Washington Post: "Trump told the judge he knew 'nothing about me,' before referring to [AG Letitia] James: 'You believe this political hack back there.' Trump ridiculed the prosecution's case against him as being part of the purported 'weaponization' of the government and courts. He repeatedly tried to invoke defenses that the judge had already decided weren't valid, including the 'worthless clause' defense. He called the trial 'very unfair' and a 'crazy trial.' He was repeatedly admonished for delivering political talking points rather than answering questions.... Yet again, putting Trump under oath was no match for his propensity for hyperbole and falsehoods. He continued to claim that his Mar-a-Lago property was worth between $1 billion and $1.5 billion. Experts find that claim highly dubious, and the county values it in the tens of millions.” (Also linked yesterday.)

Marianne LeVine of the Washington Post reports more of Trump's unresponsive asides uttered during his testimony in what he himself called a "crazy trial."

Michael Luciano of Mediaite: "CNN chief legal analyst Elie Honig was unimpressed with ... Donald Trump's testimony in his civil fraud trial in New York on Monday.... '... there were a couple of key moments that stood out to me where Donald Trump really made important concessions.... He literally doubled down [on the overvaluations]. He said, "No that's actually worth a billion dollars," which is a surprising legal tactic. The other thing he did was, he simultaneously tried to distance himself from the valuations.... But at another really key point, to me, the most important sentence of the day, Trump said something like, "I saw those statements, I reviewed them, and at times I gave input."...' Honig concluded, 'I think his testimony was inherently contradictory and a mess, but there's some real useful pieces in there for the AG's office.'" ~~~

     ~~~ Marie: On MSNBC, Lawrence O'Donnell noted that when the prosecutor asked Trump who in the Trump Org was responsible for the valuations, Trump answered, "Everybody." Thus, Trump threw under the bus "everybody" in the Org, including himself. Some expert (can't recall who) noted that Trump's rambling non-answers to the prosecutor allow Justice Engoron to conclude that Trump didn't have an answer that helped himself. On O'Donnell's show, Donald's niece Mary Trump said she wished she could have told her uncle that "pouting is not an affirmative defense."

CNN's liveblog yesterday of Trump's civil fraud case is here: "... Donald Trump on Monday was posting on Truth Social ahead of his expected testimony in his New York civil fraud case and continued to try to undermine the premise of the case brought against him by the New York attorney general. 'Getting ready to head to the Downtown Lower Manhattan Courthouse to testify in one of the many cases that were instigated and brought by my POLITICAL OPPONENT, Crooked Joe Biden, through agencies and surrogates, for purposes of ELECTION INTERFERENCE,' Trump posted on Truth Social. The former president said the case has 'zero merit' and called it a 'witch hunt.'" (Also linked yesterday.) ~~~

     ~~~ Marie: dbtexas pointed out at the end of yesterday's thread something I missed: "NO WAY Trump wrote this. His propensity for gobbledegook would never permit a words like '...through agencies and surrogates...!'" Good catch!

Alan Feuer of the New York Times: "Federal prosecutors on Monday asked a judge to reject a barrage of motions filed last month by ... Donald J. Trump that sought to toss out the indictment charging him with plotting to overturn the 2020 election and said his claims were full of 'distortions and misrepresentations.' In a 79-page court filing, prosecutors in the office of the special counsel, Jack Smith, went one by one through Mr. Trump's multiple motions to dismiss the case.... 'The defendant attempts to rewrite the indictment, claiming that it charges him with wholly innocuous, perhaps even admirable conduct, -- sharing his opinions about election fraud and seeking election integrity,' James I. Pearce, one of the prosecutors, wrote, 'when in fact it clearly describes the defendant's fraudulent use of knowingly false statements as weapons in furtherance of his criminal plans.' When Mr. Trump first filed his motions to dismiss the case, they represented a breathtaking effort to reframe the various steps he took to remain in power after losing the election as something other than crimes." ~~~

     ~~~ Daniel Barnes & Zoe Richards of NBC News: "Donald Trump is responsible for the events at the U.S. Capitol on Jan. 6 because they were the 'culmination' of his conspiracies to overturn the 2020 presidential election, special counsel Jack Smith's office says in a new filing in the former president's federal election interference case.... The special counsel's office also filed separate memos opposing Trump's effort to dismiss the case. Trump previously filed two motions to dismiss based on various constitutional grounds and a failure to state a claim."

Glenn Thrush & Luke Broadwater of the New York Times: "David C. Weiss, who negotiated an ill-fated plea deal with President Biden's son Hunter, is set to defend his investigation before the House Judiciary Committee on Tuesday, the first time a special counsel has agreed to field queries from Congress before concluding an inquiry. Mr. Weiss, the Trump-appointed U.S. attorney in Delaware, plans to use the interview to counter claims that he brokered a sweetheart deal with Hunter Biden under pressure from the White House. He is also set to dispute a whistle-blower's allegation that he once complained that he had not been given full authority to prosecute Hunter Biden on tax charges. The special counsel 'is prepared to take this unprecedented step of testifying before the conclusion of his investigation to make clear that he's had and continues to have full authority over his investigation and to bring charges in any jurisdiction,' according to his spokesman, Wyn Hornbuckle."

Adam Liptak of the New York Times: "The Supreme Court will hear arguments on Tuesday on whether the government may disarm people subject to domestic violence orders.... The Supreme Court itself recognized this in a 2014 majority opinion.... But the potential sweep of the decision in the new case extends far beyond domestic abuse."

Presidential Race 2024

Chris Cameron of the New York Times: "Five candidates have qualified for the third Republican presidential debate on Wednesday evening, the Republican National Committee announced on Monday.... Donald J. Trump, the dominant front-runner in the Republican primary, is skipping the debate, which will be held in Miami -- less than 70 miles from Mr. Trump's residence at Mar-a-Lago. Mr. Trump also did not participate in the previous two debates. The candidates who made the cut:" Chris Christie, Ron DeSantis, Nikki Haley, Vivek Ramaswamy & Tim Scott. The NBC News story is here.

Alex Tabet, et al., of NBC News: “Iowa Gov. Kim Reynolds [R] touted Ron DeSantis' accomplishments as governor of Florida as she endorsed him for president Monday -- and said she believes he will be able to win the 2024 general election, while Donald Trump cannot.... Reynolds, who is in her second term, had said she would stay neutral in the Republican primary race, though she appeared with DeSantis at least eight times since he announced his candidacy in late May.... Reynolds' assessment of Trump's electability clashes with current public polls, which often show Trump performing similarly to or better than DeSantis in matchups against President Joe Biden.... 'It will be the end of her political career in that MAGA would never support her again, just as MAGA will never support DeSanctimonious again,' he wrote on his social media platform.... 'Two extremely disloyal people getting together... they can now remain loyal to each other because nobody else wants them!!!' Trump added."

Annals of "Journalism," Ctd. Here's a link RAS has provided to a Philiadelphia Inquirer op-ed column by Will Bunch, which I'm sure is well-worth reading if you have access to the Inquirer: ~~~

Will Bunch: "With the world on fire, a cowardly, timid news media is a threat to U.S. democracy. News organizations are using cowardly words to describe killing abroad, fascism at home -- downplaying the danger to democracy. In one of the most perilous moments of crisis the world has seen in 75 years, and with the basic notions of free speech under assault, most newsrooms aren't fighting back. They are, instead, pulling their punches in a defensive, 'rope-a-dope' crouch, and thus failing to truly inform -- when democracy itself is at risk." (Also linked yesterday.)

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Israel/Palestine

The New York Times' live updates of developments Tuesday in the Israel/Hamas war are here. CNN's live updates are here. ~~~

     ~~~ The Washington Post's live updates for Tuesday are here: "Israeli Prime Minister Benjamin Netanyahu floated a plan for Israel to be responsible for Gaza's overall security for an 'indefinite period' after the war in an interview with ABC News.... Israeli forces advanced deeper into the territory, closing in on Gaza City -- a move that U.S. officials said would probably lead to increased casualties. In a phone call with Netanyahu, President Biden discussed 'tactical pauses' that would allow civilians to flee areas of fighting and ensure safe access for aid, according to the White House."

Karoun Demirjian of the New York Times: "Democrats in Congress, torn between their support for Israel in its war with Hamas and concern about civilian suffering in Gaza, are struggling with how far to go in calling for measures to mitigate civilian casualties as the left wing of the party escalates pressure for a cease-fire. In recent days, several House and Senate Democrats have urged temporary humanitarian pauses to facilitate aid deliveries of food, water and fuel to the Gaza Strip, echoing the Biden administration.... But few have embraced progressive Democrats' demands for a complete and lasting cease-fire, even as pro-Palestinian protesters took to the streets over the weekend to demand a total cessation of hostilities."