June 14, 2023

Afternoon Update:

** Michael Schmidt & Charlie Savage of the New York Times: "Aileen M. Cannon, the Federal District Court judge assigned to preside over ... Donald J. Trump's classified documents case, has scant experience running criminal trials, calling into question her readiness to handle what is likely to be an extraordinarily complex and high-profile courtroom clash. Judge Cannon, 42, has been on the bench since November 2020, when Mr. Trump gave her a lifetime appointment shortly after he lost re-election. She had not previously served as any kind of judge, and because about 98 percent of federal criminal cases are resolved with plea deals, she has had only a limited opportunity to learn how to preside over a trial.... A New York Times review .. identified [only] four [cases] that went to trial. Each was a relatively routine matter.... Judge Cannon's suitability to handle such a high-stakes and high-profile case has already attracted scrutiny amid widespread perceptions that she demonstrated bias in the former president's favor last year.... In that case, she shocked legal experts across the ideological divide by disrupting the investigation -- including suggesting that Mr. Trump gets special protections as a former president that any other target of a search warrant would not receive -- before a conservative appeals court shut her down, ruling that she never had legitimate legal authority to intervene....

"Lawyers who have appeared before Judge Cannon in run-of-the-mill criminal cases ... said she is demonstrably inexperienced and can bristle when her actions are questioned or unexpected issues arise.... The Trump case is likely to raise myriad complexities that would be challenging for any judge -- let alone one who will be essentially learning on the job.... Judge Cannon's [Senate Judiciary Committee] questionnaire answers put forward few experiences or accomplishments that clearly distinguished her as seasoned and demonstrably ready for the powers and responsibilities of a lifetime appointment to be a federal judge." ~~~

     ~~~ Marie: An argument I keep hearing pundits make is, "Well, she may not know much, but she has clerks who will set her straight." Really? She had clerks last year when she made those wild-assed, contra-Constitutional rulings in favor of Trump, and her clerks either did not set her straight or she did not heed them.

Rachel Siegel & Abha Bhattari of the Washington Post: "The Federal Reserve is leaving interest rates unchanged for the first time since spring 2022, signaling a new chapter in the central bank's fraught fight against inflation. The decision at the end of the Fed's two-day policy meeting on Wednesday was widely expected, after a long run of rate hikes pushed the central bank's benchmark rate up by five percentage points in 15 months. The Fed also signaled more rate hikes would come before the end of the year, according to economic projections also released Wednesday, though it was unclear when exactly those increases might happen."

Michael Scherer of the Washington Post: "Top Democratic strategists, including current advisers to President Biden and former U.S. senators, met last week with former Republicans who oppose Donald Trump at the offices of a downtown D.C. think tank. Their mission: to figure out how to best subvert a potential third-party presidential bid by the group No Labels, an effort they all agreed risked undermining Biden's reelection campaign and reelecting ... Donald Trump to the White House.... [There were] about 40 people in the room and others appearing on Zoom.... Attendees included former White House chief of staff Ron Klain, Democratic National Committee senior adviser Cedric L. Richmond and Stephanie Cutter, a former campaign adviser to Barack Obama who has worked with the Biden team. They were joined by former senators Doug Jones (D-Ala.), Heidi Heitkamp (D-N.D.) and Claire McCaskill (D-Mo.), along with representatives of the anti-Trump Lincoln Project, former Weekly Standard publisher Bill Kristol and Lucy Caldwell, a former Republican consultant...."

Maybe Jack Smith Has Another Trump Indictment Up His Sleeve. Jamie Frevelle of Mediaite: “While it's only speculation, Ryan Goodman and Andrew Weissmann write in The Atlantic that none of the 37 counts outlined in the 49-page indictment include a charge of dissemination of classified information, a 'steeper' charge. The reason for this, they suspect, is because these charges were made in Florida -- but the possible dissemination, or communication of information or materials may have happened in New Jersey.... The recording they mention is the one obtained by CNN in which Trump is heard 'waving around documents' and saying, on tape, 'Secret. This is secret information. Look, look at this' and 'This was done by the military and given to me.'... There are concerns that [Aileen Cannon] may not be objective when it comes to the former president. There is also the chance that Cannon could 'pocket-veto' the charges by scheduling the trial for a date after the 2024 election...."

Mike Ives of the New York Times elaborates on Fox "News" running a chyron last night that called President Biden a "wannabe dictator": "The onscreen text appeared briefly at the bottom of a split-screen broadcast that showed President Biden and former President Trump speaking from respective podiums, at the White House and a Trump golf club in Bedminster, N.J. 'Wannabe dictator speaks at the White House after having his political rival arrested,' the chyron read. It did not refer to Mr. Biden by name, but the implication was clear.... A spokeswoman for Fox News said, 'The chyron was taken down immediately and was addressed.'"

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Maanvi Singh of the Guardian: "Hours after facing criminal charges for the alleged mishandling of classified documents, Donald Trump told a crowd of supporters at his golf resort in New Jersey that his indictments were a 'corrupt' and 'political pursuit' designed to destroy him.... He baselessly accused [President] Biden of orchestrating the federal charges against him, calling them a political 'persecution'. In a remarkable moment of projection, the twice-impeached, twice-indicted president who is being investigated for election interference said Biden 'will forever be remembered as not only the most corrupt president in the history of our country, but perhaps even more importantly, the president who together with a band of his closest thugs, misfits and Marxists tried to destroy American democracy' Trump also called Jack Smith, the special counsel who brought federal charges against him, 'deranged' and a 'thug'. He misconstrued the Presidential Records Act ... and balked at charges over 'possessing my own presidential papers, which just about every other president has done'. In fact, the classified documents are not Trump's own -- the Presidential Records Act stipulates that all official documents belong to the federal government. And no president in recent history has refused to return hoards of classified documents." ~~~

     ~~~ AND there's this from the Guardian's report: "Over a split screen of Trump's speech in New Jersey and Biden's at the White House Juneteenth celebration, the [Fox 'News'] chyron read: 'Wannabe dictator speaks at the White House after having his political rival arrested'." ~~~

     ~~~ Linda Qiu of the New York Times: "Hours after pleading not guilty in a federal court in Miami to charges related to his handling of classified documents..., Donald J. Trump defended his conduct on Tuesday with a string of familiar falsehoods. Appearing at his golf club in Bedminster, N.J., Mr. Trump drew misleading comparisons to other political figures, misconstrued the classification process and leveled inaccurate attacks at officials. Here's a fact check of claims Mr. Trump made related to the inquiry." ~~~

     ~~~ Marie: Lawrence O'Donnell & Neal Katyal agreed on NBC News that Trump used his Bedminster speech to further admit his criminal mishandling of documents. Earlier in the evening, BTW, O'Donnell said that Trump would be sitting in Aileen Cannon's courtroom holding a big fat bribe for her: "rule my way and it will buy you a seat on the Supreme Court." I'm personally glad O'Donnell said this, because it jibes with a comment I made in recent days, so O'Donnell makes me feel a little less out there in my opinion of both Trump's and Cannon's motivations. MEANWHILE, over on CNN, Jake Tapper played a very short clip of Trump's Bedminster remarks, then took just as long to simply list all the misstatements Trump made in the clip (and the lies were not even Tapper's point in airing the clip).

     Marie: Rep. Jim Himes (D-Ct.), who sits on the House Intelligence Committee, said on MSNBC yesterday that he had seen the classified documents that Trump, Biden & Pence had retained. He said that the documents that Trump stole were far more sensitive than those Biden & Pence had found. It's pretty hard to believe that Trump just happened to grab classified documents at random because he likes to save things. Trump saved that stuff because he intended to use it for personal gain.

Grumpy Trumpy. Shayna Jacobs, et al., of the Washington Post: "Donald Trump pleaded not guilty Tuesday to federal charges that he broke the law dozens of times by keeping and hiding top secret documents in his Florida home -- the first hearing in a historic court case that could alter the country's political and legal landscape. 'We most certainly enter a plea of not guilty,' Trump's lawyer Todd Blanche said at the arraignment in a small but packed courtroom, where Trump sat at the defense table, scowling and with his arms folded for much of the hearing. Flanked by his lawyers, Blanche and Christopher Kise, the former president listened impassively as U.S. magistrate judge Jonathan Goodman said he planned to order the former president not to have any contact with witnesses in the case -- or his co-defendant Waltine 'Walt' Nauta -- as the case proceeds. He did not speak at all except to whisper to Blanche, seated to his right, and Kise, seated to his left. Blanche objected, saying that Nauta and other potential witnesses might be members of Trump's security detail or other staffers who rely on him for their livelihood. The facts of the case, Blanche said, revolve around 'everything in President Trump's life.' The judge relented somewhat, saying that Trump should not speak to Nauta or witnesses about the facts of the case. As to which Trump employees might be affected by the restriction, the judge instructed the prosecution team to provide a list. Trump finished signing the bond paperwork at about 3:31 p.m., after it appeared it had to be returned to the defense table twice more because he and his lawyers didn't sign or initial every line needed. 'Third time's a charm, Goodman said." (Also linked yesterday afternoon.) ~~~

     ~~~ Rebecca Beitsch of the Hill: "Former President Trump pleaded not guilty Tuesday to charges on 37 counts following a Department of Justice indictment alleging he violated both the Espionage Act and obstructed justice in taking classified records from his presidency and refusing to return them.... Trump was accompanied by attorneys Todd Blanche, who is also representing him in a New York prosecution related to hush money payments, as well as Christopher Kise, who previously represented Trump in the Mar-a-Lago probe.... Blanche entered the not guilty plea on Trump's behalf. Trump and his co-defendant Walt Nauta, who is alleged to have aided Trump in concealing the records, were released without bond restrictions or travel restrictions." (Also linked yesterday afternoon.) The New York Times story is here.

Megan Caponovo of KCRA (Sacramento, Ca.): "While Trump and an aide charged as a co-conspirator — Walt Nauta -- were booked in Miami federal court, Nauta was not arraigned along with Trump. Nauta, a Navy veteran who fetched Trump's Diet Cokes as his valet at the White House before joining him as a personal aide at Mar-a-Lago, was granted bond with the same conditions as Trump. But he did not enter a plea because he doesn't have a local attorney. Instead, Nauta will be arraigned on June 27 before Chief U.S. Magistrate Judge Edwin Torres. He doesn't have to attend in person." (Also linked yesterday afternoon.)

Jonathan Lemire of Politico: "President Joe Biden and his top aides have taken a vow of silence on the federal indictment of his predecessor, Donald Trump -- and have explicitly ordered the national Democratic Party and his reelection campaign to do the same. That directive was issued in recent days..., according to three people familiar with the instructions. But that decision has some Democrats and allies worried that Biden could miss a chance to underscore the seriousness of the national moment as well as deliver a political blow to his top White House rival.... Some in his inner circle hope the decision will be revisited if next year's general election looks like it could be a rematch with Trump even if the legal fight has not been resolved by then." ~~~

     ~~~ Marie: Very noble, Joe. Now, every campaign ad you cut should show a headshot of Donald Trump that for all the world looks like a mugshot. If his collar shows, make sure it's open, unironed and orange.

Brett Samuels of the Hill: "Former Vice President Mike Pence on Tuesday said he could not defend the 'very serious' allegations against ... Donald Trump in a federal indictment over the handling of classified documents. 'Having read the indictment, these are very serious allegations. And I can't defend what is alleged,' Pence said in an interview with The Wall Street Journal editorial board. 'But the President is entitled to his day in court, he's entitled to bring a defense, and I want to reserve judgment until he has the opportunity to respond.'"

Analisa Novak of CBS News: "... former House Speaker Paul Ryan believes Trump's indictment is a significant matter that goes beyond politics.... Ryan noted the indictment is related to matters of national security. 'I used to have the same documents myself as Speaker of the House,' Ryan said. 'So I think this goes beyond just some petty thing.' Ryan added that he is 'not a Trump fan,' and said that when it comes to the 2024 presidential race, 'we want a nominee who is not weighed down by so much baggage in order to win this election.'... He said candidates for the Republican presidential nomination like Nikki Haley, Tim Scott, Ron DeSantis, Mike Pence and Chris Christie are 'very viable people.'" (Also linked yesterday afternoon.)

Thomas Durkin & Joseph Ferguson have a Conversation about what should lie ahead for Trump and how his motor mouth will insure that outcome. A few outtakes: Durkin: "My quick calculations indicate that you're talking about 51 to 63 months in the best case and in the worst case, which I'm not sure would apply, 210 to 262 months." Ferguson: "I'd tell him: If you want to die in jail, keep talking." Ferguson: The evidence cited in the indictment is technically a series of allegations. "but when you're speaking at that level of granularity, these are things that actually exist in proof, the proof that is to come.... Nothing is put in the indictment unless it exists in actual fact." Ferguson: "The only way to avoid [the danger that Trump will continue to share government secrets] is to put him in isolation in supermax where he doesn't get to talk with people." Durkin: In the meantime, "especially if he keeps suggesting or threatening violence, that the government will be put in a position where they don't have a choice but to try to move to detain him." Thanks to Akhilleus for the link.

Bret Stephens of the New York Times hangs on to the archaic notion that "conservatives" have the capacity to be logical, even-handed and fair-minded: "For many years, but especially the past three, conservatives have warned of the dangers of a criminal justice system that is overly reluctant to put and keep dangerous people in prison.... These same conservatives should try being consistent when it comes to the federal indictment of Donald Trump."

D.C. Grand Jury Hears from Nevada "Fake Electors." Natasha Korecki, et al., of NBC News: "... back in Washington, [a] grand jury investigating the Jan. 6, 2021, attack on the U.S. Capitol and Trump's efforts to stay in office is also moving ahead in full force. Nevada GOP Chair Michael McDonald, a close Trump political ally, as well as Jim DeGraffenreid, the state party's vice chair, were spotted by NBC News entering the area where the Jan. 6 jury is meeting at the Washington federal courthouse Tuesday.... McDonald had previously confirmed to NBC News that federal authorities seized his cellphone as part of the investigation." (Also linked yesterday afternoon.)

Kara Scannell of CNN: "A federal judge will allow E. Jean Carroll to amend her original defamation lawsuit against ... Donald Trump to include comments he made at a CNN town hall. Carroll, a former magazine columnist, asked the judgefor permission to amend the initial November 2019 lawsuit so she could try to seek additional punitive damages after Trump repeated statements a federal jury found to be defamatory.... One day [after a jury found in Carroll's favor,] Trump appeared at the CNN Republican presidential town hall and said, 'I have no idea who this woman -- this is a fake story, made up story.' He called Carroll a 'whack job' and went on a tangent about her ex-husband and pet cat. Trump's lawyer opposed the amendment and said they wanted to move to dismiss the original lawsuit, which deals with comments Trump made while president and has been held up on appeal." (Also linked yesterday afternoon.)

Paul Duggan of the Washington Post: "A D.C. chiropractor who took part in the Jan. 6, 2021, attack on the U.S. Capitol was sentenced Tuesday to two months in jail for a misdemeanor offense. But he still faces a wrongful-death lawsuit accusing him of assaulting a police officer who later died by suicide. The D.C. officer, Jeffrey Smith, 35, suffered a brain injury when he was struck with his own baton, according to the lawsuit. Smith, who killed himself nine days after the riot, was among four police officers who died by suicide in the weeks and months after battling the mob at the Capitol, authorities said.... The chiropractor, David Walls-Kaufman, now 66, who lived and worked on Capitol Hill, was not criminally charged with assaulting Smith because prosecutors said they lacked sufficient evidence to prove that allegation beyond a reasonable doubt."

Matt Viser & Missy Ryan of the Washington Post: "President Biden met with NATO secretary general Jens Stoltenberg on Tuesday afternoon as a host of challenges confront the allied group, reiterating America's commitment to protect NATO countries that neighbor Russia at a time when Moscow's aggression is on stark display in Ukraine. The meeting, held in the Oval Office, paved the way for a NATO summit in Lithuania next month where the alliance's 31 member states will face a range of thorny issues.... At the start of Tuesday's meeting, Biden stressed the United States' commitment to defending any NATO country if any part of it comes under attack, a sentiment increasingly important to the eastern allies from Poland to the Baltics."

A Note on White House Etiquette. AP: "Transgender advocate Rose Montoya is no longer welcome at White House events after posting on social media a video of herself and two others going topless for a time at Saturday's Pride Month celebration on the South Lawn. 'The behavior was simply unacceptable,' White House press secretary Karine Jean-Pierre said Tuesday. 'It was unfair to the hundreds of attendees who were there to celebrate their families.'"

Range War. Collin Anderson of the Washington Free Beacon: "The Biden administration is supporting [Berkeley, California's] plan to ban gas stoves, arguing in federal court that such bans do not violate federal law and thus can be replicated in states and cities nationwide. Officials from President Joe Biden's Department of Justice and Department of Education filed a joint brief in federal court on Monday arguing in favor of Berkeley, California's ban on natural gas in new buildings. Berkeley in 2019 became the first U.S. city to enact such a policy, but a federal court struck it down in April, finding that federal law prevents cities and states from restricting natural gas appliances." ~~~

~~~ MEANWHILE. Kelsey Tamborrino of Politico: "After a weeklong blockade of floor action by conservatives, the House passed bipartisan legislation Tuesday to prevent the federal government from banning gas stoves -- the latest Republican bid to stop what they say is the Biden administration's anti-fossil fuel agenda.... Republicans have touted their legislation as pushback against overreach by the Biden administration, even though there are no federal proposals to outright prohibit the sale of gas stoves under consideration."

Carl Hulse of the New York Times: "It has long been an axiom of the House majority: Vote against a piece of legislation put forth by your party if you absolutely must, but never, ever vote against the 'rule' to bring that legislation to the floor. Until the last few weeks, that standard had held for more than two decades. But now, about a dozen rebellious House Republicans have decided to leverage their badly needed votes on the routine procedural measures to win policy concessions, breaking the longstanding code of party discipline and threatening the traditional operation of the House. 'Who cares?' asked Representative Eli Crane of Arizona, one of the members of the far-right House Freedom Caucus.... Making such changes would fundamentally alter the nature of the House.... Should the group of Republicans continue their procedural resistance, it would sow chaos for [Speaker Kevin] McCarthy's efforts to legislate, potentially upending the consideration of government spending bills needed to avert a shutdown this fall."

Wherein My Kevin Explains Macroeconomics. Jonathan Nicholson of the Huffington Post: "Less than two weeks after the end of the debt limit fight that Republicans said they started because they worried about government red ink, House Republicans moved a step closer to possibly adding as much as a trillion dollars more in debt through tax cuts. The tax-writing House Ways and Means Committee late Tuesday approved a trio of bills that would extend or expand parts of the Trump tax cuts from 2017 and take back green energy tax cuts included in last year's Inflation Reduction Act.... Asked about the disconnect between threatening default in the debt limit fight, which ended June 3 with President Joe Biden signing a bill suspending the limit until 2025, and potentially adding massively to the debt, House Speaker Kevin McCarthy told reporters Monday the problem was spending, not revenues. 'I look at it from the perspective of that if Washington is not taking your money, it's much more efficient used by you,' he said." MB: May I just point out that, once again, McCarthy's double-speak is nonsensical. Debt is debt is debt whether you spent too much or made too little money. ~~~

     ~~~ Marie: In fairness to My Kevin, his defense of "fiscal responsibility" is just as sensible as his defense the other day of storing dozens of boxes of classified documents in a public bathroom at Mar-a-Lardo: "Bathroom doors lock." Yes they do. From the inside.

AP: "Fox News sent Tucker Carlson a cease-and-desist letter over his new Twitter series, Axios reported Monday, amid reports of a contract battle between the conservative network and its former prime-time host.... Fox has demanded Carlson stop posting videos to Twitter, The New York Times also reported Monday -- as the network's lawyers accuse Carlson of violating his contract, which runs until early 2025 and restricts his ability to appear on other media outlets. Meanwhile, Carlson's lawyers have said the network breached the contract first."

Beyond the Beltway

California. Jill Cowan of the New York Times: "A Los Angeles City Council member was charged on Tuesday with embezzlement, perjury and conflict of interest, becoming the latest in a procession of elected city leaders to have been accused of corruption. Prosecutors said that Curren Price, 72, a former state legislator who has represented South Los Angeles on the City Council for a decade, voted on projects that benefited developers who paid his wife's consulting business a total of more than $150,000 between 2019 and 2021. The allegations were tied to three counts of perjury and two counts of conflict of interest."

Way Beyond

Ukraine, et al. The New York Times' live updates of developments Wednesday in Russia's war on Ukraine are here. The Guardian's live updates for Wednesday are here. The Guardian's summary report is here. ~~~

     ~~~ The Washington Post's live briefing for Wednesday is here: "At least three people were killed and 13 injured after Russian missiles struck a commercial area in Odessa, in southwestern Ukraine, overnight, the Ukrainian army's southern command said early Wednesday.... Russian rocket attacks killed three people and injured three others in Ukraine's eastern Donetsk region, according to regional governor Pavlo Kyrylenko.... Defense Secretary Lloyd Austin arrived at U.S. military headquarters in western Germany on Wednesday ahead of a meeting of the Ukraine Defense Contact Group...."

News Lede

New York Times: "At least 79 people drowned in the Aegean Sea after a large boat carrying migrants sank early Wednesday, the Greek authorities said, in the deadliest such episode off the country's coast since the height of the 2015 migration crisis. More than 100 people were rescued, but the Greek Coast Guard warned that the death toll would probably increase."

June 13, 2023

Late Morning/Afternoon Update:

Grumpy Trumpy. Shayna Jacobs, et al., of the Washington Post: "Donald Trump pleaded not guilty Tuesday to federal charges that he broke the law dozens of times by keeping and hiding top secret documents in his Florida home -- the first hearing in a historic court case that could alter the country's political and legal landscape. 'We most certainly enter a plea of not guilty,' Trump's lawyer Todd Blanche said at the arraignment in a small but packed courtroom, where Trump sat at the defense table, scowling and with his arms folded for much of the hearing. Flanked by his lawyers, Blanche and Christopher Kise, the former president listened impassively as U.S. magistrate judge Jonathan Goodman said he planned to order the former president not to have any contact with witnesses in the case -- or his co-defendant Waltine 'Walt' Nauta -- as the case proceeds. He did not speak at all except to whisper to Blanche, seated to his right, and Kise, seated to his left. Blanche objected, saying that Nauta and other potential witnesses might be members of Trump's security detail or other staffers who rely on him for their livelihood. The facts of the case, Blanche said, revolve around 'everything in President Trump's life.' The judge relented somewhat, saying that Trump should not speak to Nauta or witnesses about the facts of the case. As to which Trump employees might be affected by the restriction, the judge instructed the prosecution team to provide a list. Trump finished signing the bond paperwork at about 3:31 p.m., after it appeared it had to be returned to the defense table twice more because he and his lawyers didn't sign or initial every line needed. 'Third time's a charm,' Goodman said." ~~~

     ~~~ Rebecca Beitsch of the Hill: "Former President Trump pleaded not guilty Tuesday to charges on 37 counts following a Department of Justice indictment alleging he violated both the Espionage Act and obstructed justice in taking classified records from his presidency and refusing to return them.... Trump was accompanied by attorneys Todd Blanche, who is also representing him in a New York prosecution related to hush money payments, as well as Christopher Kise, who previously represented Trump in the Mar-a-Lago probe.... Blanche entered the not guilty plea on Trump's behalf. Trump and his co-defendant Walt Nauta, who is alleged to have aided Trump in concealing the records, were released without bond restrictions or travel restrictions."

Megan Caponovo of KCRA (Sacramento, Ca.): "While Trump and an aide charged as a co-conspirator -- Walt Nauta -- were booked in Miami federal court, Nauta was not arraigned along with Trump. Nauta, a Navy veteran who fetched Trump's Diet Cokes as his valet at the White House before joining him as a personal aide at Mar-a-Lago, was granted bond with the same conditions as Trump. But he did not enter a plea because he doesn't have a local attorney. Instead, Nauta will be arraigned on June 27 before Chief U.S. Magistrate Judge Edwin Torres. He doesn't have to attend in person."

The arraignment will not be televised. But it will be live-blogged. Here's the New York Times' liveblog. The Washington Post's liveblog is here. The AP's live updates are here.

Marie: The media are reporting that among the special favors Trump will be afforded today is that he will not have to pose for a mugshot. Instead, the U.S. Marshal's office will download a publicly-available photo. To help them out, I've provided some perfectly serviceable substitute mugshots:

Analisa Novak of CBS News: "... former House Speaker Paul Ryan believes Trump's indictment is a significant matter that goes beyond politics.... Ryan noted the indictment is related to matters of national security. 'I used to have the same documents myself as Speaker of the House,' Ryan said. 'So I think this goes beyond just some petty thing.' Ryan added that he is 'not a Trump fan,' and said that when it comes to the 2024 presidential race, 'we want a nominee who is not weighed down by so much baggage in order to win this election.'... He said candidates for the Republican presidential nomination like Nikki Haley, Tim Scott, Ron DeSantis, Mike Pence and Chris Christie are 'very viable people.'"

D.C. Grand Jury Hears from Nevada "Fake Electors." Natasha Korecki, et al., of NBC News: "... back in Washington, [a] grand jury investigating the Jan. 6, 2021, attack on the U.S. Capitol and Trump's efforts to stay in office is also moving ahead in full force. Nevada GOP Chair Michael McDonald, a close Trump political ally, as well as Jim DeGraffenreid, the state party's vice chair, were spotted by NBC News entering the area where the Jan. 6 jury is meeting at the Washington federal courthouse Tuesday.... McDonald had previously confirmed to NBC News that federal authorities seized his cellphone as part of the investigation."

Kara Scannell of CNN: "A federal judge will allow E. Jean Carroll to amend her original defamation lawsuit against ... Donald Trump to include comments he made at a CNN town hall. Carroll, a former magazine columnist, asked the judgefor permission to amend the initial November 2019 lawsuit so she could try to seek additional punitive damages after Trump repeated statements a federal jury found to be defamatory.... One day [after a jury found in Carroll's favor,] Trump appeared at the CNN Republican presidential town hall and said, 'I have no idea who this woman -- this is a fake story, made up story.' He called Carroll a 'whack job' and went on a tangent about her ex-husband and pet cat. Trump's lawyer opposed the amendment and said they wanted to move to dismiss the original lawsuit, which deals with comments Trump made while president and has been held up on appeal."

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>The Screw-the-Constitution Defense. Jamelle Bouie of the New York Times: In the wake of the January 6 insurrection, "a few Republicans left and a few complained, but most remained loyal to the party and the president with nary a peep to make about the fact that Trump was willing to bring an end to constitutional government in the United States if it meant he could stay in office. We have been watching this dynamic play out a second time with Trump's indictment on federal espionage charges for mishandling classified documents as a private citizen. The most prominent Republican officeholders wasted no time with their full-throated denunciations of the indictment, the Department of Justice and the Biden administration.... Stretching back to Richard Nixon..., we see a pattern of presidential criminality and contempt for the Constitution, backed in each instance by most Republican officeholders and politicians.... What is striking about the Republican Party is the extent to which it has ... cultivated ... a highly instrumental view of our political system, in which rules and laws are legitimate only insofar as they allow for the acquisition and concentration of power in Republican hands." Thanks to P.D. Pepe for the lead. See also her commentary below. ~~~

~~~ The Selective-Prosecution/Presidential Deference Defense. Tom Sullivan of Hullabaloo points to a Bloomberg Law opinion piece by torture memo author John Yoo and somebody else in which the two professors explain to the Great Unwashed that "... our system has long understood that the Justice Department -- which assists the president in his duty to "take Care that the Laws be faithfully executed' -- can't prosecute every person for every violation of every federal law." On Monday afternoon, Sullivan writes, Yoo told Neil Cavuto of Fox Business that "We're breaking an institutional norm that has been there since the beginning of our country, which is leave former presidents alone." Thanks to Patrick for the lead and for this commentary: "THIS is one of my very most favoritest BS defenses, usually employed by four-year-olds: 'You didn't catch and punish everyone, so you shouldn't punish Donny even though you caught him and have the evidence.'" MB: Whaddaya bet Aileen Cannon reads Business Law and has clipped Yoo's op-ed to the inside front cover of her Trump trial file?

Spencer Hsu, et al., of the Washington Post: "Donald Trump spent the day before his historic appearance in federal court scrambling to find a qualified Florida lawyer willing to join his defense team as he faces the Justice Department's first prosecution of a former president. After touching down in Miami on Monday, Trump spent the afternoon interviewing prospective lawyers and meeting with his legal team, along with other top advisers, to discuss the case.... Several prominent Florida attorneys declined to take Trump on as a client after two of the key lawyers handling the documents matter -- Jim Trusty and John Rowley -- resigned last week, according to people familiar with the matter." ~~~

     ~~~ Hugo Lowell of the Guardian: "Donald Trump is expected to be represented at his first court appearance to face federal criminal charges ... by two of his existing lawyers, after struggling to recruit a local Florida lawyer willing to join his legal defense team. The lawyers making an appearance with Trump on Tuesday will be the top former federal prosecutor Todd Blanche and the former Florida solicitor general Chris Kise, according to people familiar with the matter. Trump's co-defendant, his valet Walt Nauta, will be represented by Stanley Woodward."

David Gilbert of Vice: "Supporters of ... Donald Trump are planning mass protests at a Miami courthouse on Tuesday, following Trump's indictment last week. Many are promising to come 'well-armed.' 'MAGA will make Waco look like a tea party,' a user with the screen name 1776take2 wrote about the planned protest on the pro-Trump messaging board known as The Donald, which was instrumental to the planning of the Capitol riot.... Over the weekend..., one user post[ed] a picture of [Attorney General Merrick] Garland and writing, 'America cannot allow this cowardly thug to destroy our democracy. This is what the Second Amendment was made for. Buy a gun or help organize your local militia today.' The former president is scheduled to appear at 3 p.m. on Tuesday at the Florida Southern District Courthouse in downtown Miami when he will be formally charged. Law enforcement is already on high alert for planned protests."

Charlie Savage of the New York Times looks at ways Judge Aileen Cannon can screw up the federal case against Donald Trump: [1.] By slowing the calendar, Trump "or another Republican nominee could enter office and shut down the case.... [2.) Cannon could require the prosecution to show classified documents] in open court[, which] could lead the government to instead drop some of the charges based on those documents.... [3. Cannon could] suppress ... evidence to protect attorney-client privilege and she does so, prosecutors could appeal -- but that would further delay the case.... [4. Cannon could essentially] put the investigators on trial.... [5.) Cannon can] accept or reject any 'for cause' challenges [to potential jurors], potentially tilting the composition of the jury.... [6.) Cannon could] acquit Mr. Trump right away." (7.) She could declare a mistrial. ~~~

~~~ Some good news maybe. Andrew Weissmann, speaking on MSNBC, said Judge Aileen Cannon likely will not be allowed to scrub testimony & evidence from Trump attorney Evan Corcoran Weissmann described the piercing of the attorney-client privilege as "already adjudicated," and not something Cannon can overturn. If she does try, no doubt an Appeals Court would overrule her, Weissmann said. As far as the issue of her recusal, Weissmann noted that Cannon's most "troubling" remark in her rulings was that Trump should receive special deference because he was a former POTUS*. This, Weissmann notes, tosses the foundational principle of equal justice. As the New York Times noted in September 2022, Cannon wrote, "'As a function of plaintiff's former position as president of the United States, the stigma associated with the subject seizure is in a league of its own.' She also noted that, because of the search of Mar-a-Lago, Mr. Trump faced 'unquantifiable potential harm by way of improper disclosure of sensitive information to the public.'" Weissmann & Mary McCord discuss some of this in this podcast, beginning at about 26 min. in. (Also linked yesterday afternoon.)

Brett Samuels of the Hill: "Former President Trump on Monday threatened to appoint a special prosecutor to specifically target President Biden and his family if he's reelected to the White House. Trump's post on Truth Social represents a brazen pledge to use the levers of government to target political rivals.... In a post on Truth Social written in all capital letters, Trump wrote: '... I will appoint a real special "prosecutor" to go after the most corrupt president in the history of the USA, Joe Biden, the entire Biden crime family, & all others involved with the destruction of our elections, borders, & country itself!'... Trump and his allies have claimed the prosecution is politically motivated and accused the Justice Department under the Biden administration of targeting a political rival.... But Biden has repeatedly declined to weigh in on the investigation into his predecessor, and a special counsel was appointed in Trump's case to maintain independence. Trump, meanwhile, has for years pushed to investigate or target his political rivals. He led chants of 'lock her up' directed at Hillary Clinton throughout his 2016 campaign and time in the White House. Trump's one-time chief of staff, John Kelly, alleged that Trump pushed for the IRS to investigate FBI officials like former Director James Comey and his deputy, Andrew McCabe."

Alexander Bolton of the Hill: "Senate Republican Leader Mitch McConnell (Ky.) and his deputies are steering clear of defending former President Trump from felony charges brought by the Justice Department, signaling a deep split within the GOP over how to handle the former president's legal problems.... McConnell made no mention of the indictment when he spoke on the Senate floor Monday afternoon, and he did not respond to reporters' questions as he walked to and from the Senate floor for his opening speech.... 'There are very serious allegations in the indictment, and I think the Justice Department -- as they attempt to prove their case -- they've got a high burden of proof to convince people that they're handling this fairly and as they would for any other elected official,' Senate Republican Whip John Thune (S.D.) said. Asked if he viewed the special prosecutor's case as more credible than the charges brought forth by the Manhattan attorney general, Thune replied: 'Oh yeah.'... Sen. John Cornyn (R-Texas), an adviser to the Senate leadership team, offered a blunt assessment when asked about the charges that Trump violated the Espionage Act and conspired to obstruct justice. 'It's not good,' he told reporters."

Alex Griffing of Mediaite: "Sen. Tim Scott (R-SC), who is challenging Donald Trump for the 2024 Republican presidential nomination, conceded on Monday that the 37-criminal count federal indictment against the former is indeed a 'serious case with serious allegations.' Scott's initial reaction to the news Trump would be indicted was to join Harris Faulkner on Fox News last Thursday night evening and declare the Department of Justice had been weaponized against Republicans -- a regular talking point on the right. Scott spoke with reporters on Monday after a campaign stop in Spartanburg, South Carolina and despite labeling the Trump indictment 'serious,' the South Carolina senator picked up where he left off on Fox.... 'What we see today across this administration of President Joe Biden is a double standard. That double standard is both un-American and unacceptable. You can't protect Democrats while targeting and hunting Republicans.'"

S.V. Date of the Huffington Post: "Former New Jersey Gov. Chris Christie (R) repeated his promise to take his 2024 primary fight directly to coup-attempting and newly indicted ... Donald Trump on Monday [during a CNN 'town hall'], telling a national TV audience that Trump's conduct is putting the country through unnecessary trauma.... 'This is vanity run amok. Ego run amok.... Everyone is blaming the prosecutors. He did this.' Christie, a former U.S. attorney, said the indictment by itself is damning ― 'the conduct in there is awful' ― but that he also expects that special counsel Jack Smith has much, much more information he hasn't yet revealed. 'There's probably about a third of the evidence they have in that indictment,' he said. He also criticized Republicans who have claimed that the "weaponization" of the Department of Justice is behind Trump's prosecution. 'We're in a situation where there are people in my own party who are blaming DOJ. How about, blame him? He did it,' Christie said."

Caroline Vakil of the Hill: “Former United Nations Ambassador Nikki Haley said Monday that former President Trump was 'incredibly reckless' if the federal charges lodged against him in an indictment over his handling of classified documents turn out to be true. Haley also criticized the FBI and the Department of Justice, joining other Republicans defending Trump who argue the former president is being treated unfairly."

Marie: MSNBC & CNN went all-in Monday with the Trump indictment. CNN even ran O.J.-type slow-car-chase video as Trump's motorcade was going to Newark Airport. Really. They just need a countdown clock to the time Trump's arraignment is supposed to start.

Mariana Alfaro, et al., of the Washington Post: "White House press secretary Karine Jean-Pierre violated the Hatch Act, a law that bars federal employees from promoting partisan politics while in their official capacity, for how she spoke about Republicans during official White House press briefings, a government watchdog agency found. But the agency also did not recommend any reprimand. The Office of Special Counsel, an independent agency that enforces the act, cited Jean-Pierre's use of the phrase 'mega MAGA Republicans' during news briefings leading up to the 2022 midterms as being in violation of the 1939 law, according to the letter dated June 7." The NBC News report is here.

Rachel Wiener & Dan Lamothe of the Washington Post: "Two Marines who worked in intelligence gathering and were on active duty during the Jan. 6 riot pleaded guilty Monday to their involvement with the mob at the U.S. Capitol, joining a colleague who admitted his participation last month. Sgts. Joshua Abate, 22, and Dodge Dale Hellonen, 23, were arrested in January along with Cpl. Micah R. Coomer, 24. All three pleaded to the misdemeanor charge of illegally demonstrating inside the Capitol building.... Hellonen admitted his involvement a year ago and Coomer's Facebook account was searched in August 2021."

My Kevin Is Speaker in Name Only. Annie Karni of the New York Times: "Hard-right House Republicans agreed late Monday to give their party leaders a temporary reprieve from a weeklong blockade of the House floor, allowing some legislative business to move forward on Tuesday but insisting they would withhold their support for future votes if their demands were not met.... But the agreement was only provisional, and the group of about a dozen ultraconservative lawmakers who have held the floor hostage made it clear they planned to continue using guerrilla tactics to keep a tight leash on [Speaker Kevin] McCarthy, effectively exercising veto power on what he is able to accomplish.... Members of the rebel group were explicit with Mr. McCarthy that he could not count on their support for bringing up ... legislation ... in the future, until they had worked out a power-sharing agreement that guaranteed them major influence on the legislative agenda." The Hill's report is here.

Sarah Kliff of the New York Times: "Lawyers reached a deal on Monday to keep the Affordable Care Act's mandate requiring health plans to cover preventive care at no cost to patients. A district court in Texas ruled in March that part of the requirement was unconstitutional. The decision took effect immediately.... The Fifth Circuit Court of Appeals temporarily stayed the ruling last month, bringing the health law's provision back into effect. The appeals court also asked the two parties -- a group of Texas residents and businesses challenging the law, and the Biden administration, which is defending it -- to come to a compromise on how much of the mandate should be put on hold while it weighed its decision. The deal they reached leaves the provision almost fully in tact, requiring a vast majority of health plans to continue providing preventive care at no charge. The agreement includes an exemption for the small businesses and individuals challenging the provision...."

Elahi Izadi & Will Sommer of the Washington Post: "Fred Ryan, the publisher and chief executive of The Washington Post for most of the decade since it was bought by Amazon founder Jeff Bezos, will leave the company in August, he announced Monday. Ryan, 68, will lead the newly formed nonpartisan Center on Public Civility at the Ronald Reagan Presidential Foundation. Patty Stonesifer the founding chief executive of the Gates Foundation and more recently the director of the Amazon board, was named the interim CEO of The Post on Monday, starting immediately, and is leading the search for Ryan's replacement." MB: Don't know anything about Stonesifer, but good riddance to Ryan. The Reagan Foundation is the ideal fit for him. (Also linked yesterday afternoon.)

Jeanne Whalen of the Washington Post: "Billionaire financier and philanthropist George Soros has passed control of his $25 billion grant-making foundation network to his son Alexander Soros, who intends to continue the group's focus on human rights and justice, the Open Society Foundations confirmed Monday. Alexander Soros, 37, was elected chairman of the OSF board in December, an elevation announced internally to OSF employees at the time but first disclosed publicly by the Wall Street Journal on Sunday. The younger Soros has spent two years as president of his 92-year-old father's super PAC, which supports Democratic politics and politicians, Michael Vachon, a spokesman for George Soros, said Monday. Through the PAC, George Soros was the largest individual donor in the 2022 midterm elections, The Washington Post previously reported. Alexander told the Journal that he and his father 'think alike' but that he would broaden his father's work by embracing issues such as voting and abortion rights."

Beyond the Beltway

Montana. The Kids Are All Right. Mike Baker of the New York Times: "A landmark climate change trial opened on Monday in Montana, where a group of young people are contending that the state's embrace of fossil fuels is destroying pristine environments, upending cultural traditions and robbing young residents of a healthy future. The case, more than a decade in the making, is the first of a series of similar challenges pending in various states as part of an effort to increase pressure on policymakers to take more urgent action on emissions."

Way Beyond

Ukraine, et al. The Washington Post's live briefing of developments Tuesday in Russia's war on Ukraine is here: "Civilians were killed in an overnight attack on a residential building in the city of Kryvyi Rih, Ukrainian President Volodymyr Zelensky's hometown, according to a regional governor. NATO Secretary General Jens Stoltenberg is in Washington on Tuesday to meet with President Biden.... Ukraine said it liberated seven villages in the Donetsk and Zaporizhzhia regions over the past week, according to a statement shared by Deputy Defense Minister Hanna Maliar on Telegram, in what may be the country's first gains in its long-anticipated counteroffensive." ~~~

     ~~~ The Guardian's live updates for Tuesday are here. The Guardian's summary report is here.

News Ledes

AP: "Consumer prices in the United States cooled last month, rising just 0.1% from April to May and extending the past year's steady easing of inflation. At the same time, some measures of underlying price pressures remained high. Measured year over year, inflation slowed to just 4% in May -- the lowest 12-month figure in over two years and well below April's 4.9% annual rise. The pullback was driven by tumbling gas prices, a much smaller rise in grocery prices than in previous months and less expensive furniture, air fares and appliances."

New York Times: "Cormac McCarthy, the formidable and reclusive writer of Appalachia and the American Southwest, whose raggedly ornate early novels about misfits and grotesques gave way to the lush taciturnity of 'All the Pretty Horses' and the apocalyptic minimalism of 'The Road,' died on Tuesday at his home in Santa Fe, N.M. He was 89."

New York Times: "Treat Williams, the actor known for his roles in the movies 'Hair' and 'Deep Rising' and the TV show 'Everwood,' has died. He was 71. Mr. Williams died on Monday after an S.U.V. crashed into his motorcycle in Dorset, Vt., the Vermont State Police said in a statement."

Nigeria. New York Times: "More than 100 people died, including many who were returning from a wedding ceremony, after a river boat transporting them capsized in the early hours of Monday in Nigeria, according to residents and the local police."

June 12, 2023

Afternoon Update:

Marie: MSNBC & CNN are going all-in, O.J.-style, with the Trump indictment. CNN even ran O.J.-type slow-car-chase video as Trump's motorcade was going to Newark Airport. Really. They just need a countdown clock to the time Trump's arraignment is supposed to start. ~~~

     ~~~ Some good news maybe. Andrew Weissmann, speaking on MSNBC, said Judge Aileen Cannon likely will not be allowed to scrub testimony & evidence from Trump attorney Evan Corcoran. Weissmann described the piercing of the attorney-client privilege as "already adjudicated," and not something Cannon can overturn. If she does try, no doubt an Appeals Court would overrule her, Weissmann said. As far as the issue of her recusal, Weissmann noted that Cannon's most "troubling" remark in her rulings was that Trump should receive special deference because he was a former POTUS*. This, Weissmann notes, tosses the foundational principle of equal justice. As the New York Times noted in September 2022, Cannon wrote, "'As a function of plaintiff's former position as president of the United States, the stigma associated with the subject seizure is in a league of its own.' She also noted that, because of the search of Mar-a-Lago, Mr. Trump faced 'unquantifiable potential harm by way of improper disclosure of sensitive information to the public.'" Weissmann & Mary McCord discuss some of this in this podcast, beginning at about 26 min. in.

Elahi Izadi & Will Sommer of the Washington Post: "Fred Ryan, the publisher and chief executive of The Washington Post for most of the decade since it was bought by Amazon founder Jeff Bezos, will leave the company in August, he announced Monday. Ryan, 68, will lead the newly formed nonpartisan Center on Public Civility at the Ronald Reagan Presidential Foundation. Patty Stonesifer, the founding chief executive of the Gates Foundation and more recently the director of the Amazon board, was named the interim CEO of The Post on Monday, starting immediately, and is leading the search for Ryan's replacement." MB: Don't know anything about Stonesifer, but good riddance to Ryan. The Reagan Foundation is the ideal fit for him.

~~~~~~~~~~

Maggie Haberman, et al., of the New York Times: "In the 49-page federal indictment accusing [Donald Trump] of retaining classified documents after leaving the White House and scheming to block government efforts to retrieve them, some of the most potentially damning evidence came from notes made by one of those lawyers, M. Evan Corcoran. Mr. Corcoran's notes, first recorded into an iPhone and then transcribed on paper, essentially gave prosecutors a road map to building their case. Mr. Trump, according to the indictment, pressured Mr. Corcoran to thwart investigators from reclaiming reams of classified material and even suggested to him that it might be better to lie to investigators and withhold the documents altogether.... Mr. Corcoran, who was recommended for the team by Mr. Trump's legal adviser Boris Epshteyn, could potentially be a key witness if the case goes to trial." ~~~

~~~ Josh Dawsey & Jacqueline Alemany of the Washington Post: "The 37-count federal indictment of ... Donald Trump ... is based on information from a coterie of close aides, household staffers and lawyers hired to serve Trump in his post-presidency.... A secretary identified in the indictment as 'Trump Employee 2' -- told prosecutors that Trump himself had been packing and looking through boxes, contrary to assertions from his own lawyers. A young political aide, referred to as 'the PAC representative' in the indictment, told prosecutors that Trump showed him a classified map about a military operation in a foreign country and told him to stand back because it was a secret document. At a recent CNN town hall, Trump said he did not remember doing such a thing. Key parts of the indictment are based on one of his lawyer's detailed notes about Trump's wishing to obstruct justice by not responding to a subpoena -- contradicting the 45th president's claims that he was always cooperative with the Justice Department and the National Archives and Records Administration.... Interviews [of dozens of staffers] gave [special counsel Jack] Smith a close-up look at how Trump had structured his unorthodox post-presidential life -- and made Trump and his advisers deeply angry and uncomfortable...." (Also linked yesterday afternoon.)

Whataboutism for Dummies. Devlin Barrett of the Washington Post: "... the Trump indictment itself helps explain the difference between his case and other high-profile probes, like those of Hillary Clinton, President Biden and former vice president Mike Pence -- not for what it charges, but for what it doesn't.... Notably..., the indictment does not charge Trump with the illegal retention of any of the 197 [classified] documents he returned to the archives.... While [Clinton's] email chains discussed classified topics, they were not classified documents in the traditional sense, with extensive markings and acronyms.... It has long been standard practice in the federal government for officials to review their own correspondence in response to Freedom of Information Act requests and decide which of their emails are personal and therefore not turned over. In Clinton's case, her lawyers did that for her.... Robert Kelner, a veteran D.C. attorney[, said,]. 'The key difference is that in the Hillary Clinton case, as we learned from the Department of Justice inspector general report, there was no evidence that Hillary Clinton sought to obstruct justice.'... The indictment offers anecdote after alleged anecdote charging that the former president sought to hide and keep some of the classified papers....

Biden's lawyers say they have cooperated at every step of the investigation and readily returned all classified materials found in the office and the Wilmington house.... The Pence case also points to the key distinction in the national security probes involving presidents, former top officials or presidential candidates -- that it is not so much what is taken, but what is kept." A similar AP analysis is here and is worth reading. (Also linked yesterday afternoon.) ~~~

~~~ Daniel Dale of CNN: "In the weeks before Donald Trump was indicted over his alleged mishandling of classified defense documents..., the former president kept arguing that it would be unfair to prosecute him given that President Joe Biden took '1,850 boxes' of documents to the University of Delaware.... But Trump's vague insinuations that there is something improper about the existence of the Biden collection at the University of Delaware are baseless. The collection of donated documents is from Biden's 36-year tenure as a US senator for Delaware. Unlike presidents, who are subject to the Presidential Records Act, senators own their offices' documents and can do whatever they want with them.... Trump has also made false specific claims about the boxes of Biden's Senate documents. It is not true that 'nobody even knows where they are.'... It is also not true that Biden 'has been totally uncooperative' and 'won't show the documents under any circumstances.' Biden consented to two FBI searches at the university -- searches that did not initially appear to turn up any documents with classified markings, a source ... [said] in February, though they were still being analyzed at the time." Emphasis added. (Also linked yesterday afternoon.)

David Rohde, et al., of NBC News: "Aileen Cannon..., a former prosecutor [who will oversee the Trump federal case], is the same Trump appointee who repeatedly ruled in his favor in a related case. She will now oversee a trial that experts believe could influence the American public's trust in the fairness of the court system for years to come. Cannon will guide how quickly the case goes to trial, oversee the selection of jurors and determine what evidence can be presented to the jury.... Trump's lawyers ... will likely ask Cannon to block prosecutors from presenting evidence from [Trump lawyer Evan] Corcoran to the trial jury. If Cannon agrees that the jury should not hear all of the Corcoran evidence, the Justice Department's case won't be over, but it will be critically hobbled.... Brandon Van Grack, a former Justice Department national security prosecutor and a lead prosecutor in the Mueller investigation, noted that the use of classified documents involves a separate discovery and litigation process, under the Classified Information Processing Act, or CIPA.... 'This process takes time and will be unfamiliar to the judge.'"

Shayna Jacobs, et al., of the Washington Post: "Federal and local authorities on Sunday amped up security preparations ahead of Donald Trump's first appearance in federal court on criminal charges here, monitoring online threats and potential gatherings of far-right extremists while marshaling more police officers to be on duty. Escalating violent rhetoric in online forums, coupled with defiant statements from the former president and his political allies, have put law enforcement officials on alert for potential disruptions ahead of Trump's court appearance.... Trump, during a radio interview with longtime adviser Roger Stone on Sunday afternoon, repeated his call for protests.... Authorities were monitoring plans for pro-Trump rallies in Miami, including one outside the federal courthouse on Tuesday purportedly organized by a local chapter of the Proud Boys, a far-right extremist group...." Failed Arizona gubernatorial candidate Kari Lake, who on Saturday told Georgia Republicans, "We're at war, people -- we're at war," plans to lead a rally for Trump Monday night at a Palm Beach hotel.

Stephanie Mencimer of Mother Jones: "Former attorney general Bill Barr said Sunday morning that he believed that Donald Trump is in real trouble with the latest indictment against him for mishandling classified documents. 'I was shocked by the degree of sensitivity of these documents and how many there were, frankly,' Barr told Fox News' Shannon Bream. 'If even half of it is true, he's toast. It is a very detailed indictment and it's very, very damning.' Barr noted that despite Trump's insistence that the prosecution is a politically motivated witch hunt, 'I think the counts under the Espionage Act ... are solid counts.'" ~~~

~~~ Lauren Sforza of the Hill: "Former Attorney General Bill Barr called arguments being made by Republicans attempting to compare former President Trump's handling of classified documents to previous presidents 'big lies.'... 'So, there are two big lies, I think, that are out there right now,' Barr said [on 'Fox News Sunday.'] 'One is all these other presidents took all these documents. Those were situations where the arranged with the archives to set up special space under the management, control, and security provided by the archivists to temporarily put documents until the libraries were ready. These were not people just putting them in their basement, OK.' The second lie, according to Barr, is the notion that a president has 'complete authority' to declare any document 'personal.'... Some of the documents ... clearly could not be marked as personal. The summary includes some of the nation's most sensitive information." At the end of Sunday's Comments, Nisky Guy writes an addendum to Barr's remarks, which Charming Billy should not have left unsaid. (Also linked yesterday afternoon.)

Kelly Garrity of CNN: "The president of the United States, 'can classify and he can control access to national security information however he wants,' Rep. Jim Jordan (Arrr-Ohio) said Sunday in defense of ... Donald Trump.&" MB: I watched a portion of Jordan's supposed defense of Trump, and if his is the best defense Trump has, Judge Aileen is going to have her hands full trying to get Trump off. Dana Bash was having none of Jordan's rapid-fire bull, and he quickly landed on the "But Hillary" retort. That won't work in court. Except Aileen.

Presidential Race 2024. David Firestone of the New York Times: In "many ways, [Ron] DeSantis has tried make a mockery of [campaign finance] laws. If you want a preview of how Mr. DeSantis views the government's limits on power and plutocracy -- as feeble as they are already -- there's no better place to look than his campaign.... Mr. DeSantis is hardly the only politician in the race who has demonstrated contempt for basic ethics and campaign finance laws. Donald Trump has funneled money from his leadership PAC to his super PAC, a different kind of abuse that has also drawn a complaint before the F.E.C. But Mr. DeSantis's actions are pathbreaking in an unusually wanton and disdainful way." ~~~

~~~ Ezra Klein of the New York Times: "As I read through [Ron DeSantis's book], I started marking down every time he told a story about using the power of his office to punish or sideline a perceived enemy or obstacle.... Then there's what DeSantis wants to do, but hasn't yet done.... DeSantis is trying to show, in vignette after vignette, that he has both the will and the discipline to do what Trump did not.... The Trump that emerges in DeSantis's anecdotes is ... a faintly comic figure ... overmatched by the details and minutiae of government.... DeSantis is portraying himself as the figure liberals have long feared: a Donald Trump who plans, a Donald Trump who follows through.... A lot can happen from here, and DeSantis has proved himself nothing if not a capable opportunist."

Beyond the Beltway

Pennsylvania. Justin George & Mary Molloy of the Washington Post: "An overpass on Interstate 95 that collapsed in North Philadelphia on Sunday will take months to replace, officials said, snarling a bustling East Coast corridor during the summer travel season and severing a main commercial artery for the city. Standing before the wreckage of what he called 'remarkable devastation, Pennsylvania Gov. Josh Shapiro (D) and other officials warned motorists to expect detours and embrace public transit for an unknown period as the highway is rebuilt." Reuters has a story here. ~~~

     ~~~ Marie: Pennsylvania can do better. When a hurricane washed out thousands of feet of a viaduct on I-10 in North Florida, some government entity made it passable within 10 days. I don't know if then-Florida-Gov. Jeb Bush or FEMA or the U.S. Transportation Department or who-all was responsible for the temporary repairs, but it was a near-miraculous response to a crisis.

Way Beyond

India. Sameer Yasir, et al., of the New York Times: "In India's worst railway disaster in decades, nearly all of the 288 dead were in three crowded cars where passengers stand for long stretches. It was these packed general coaches, right behind the engine of the Coromandel Express, that became a scene of unthinkable carnage just after sunset on June 2 when the train smashed into a parked freight train at 80 miles per hour in eastern India. Almost all of the 288 dead were in those three cars at the front of the train -- a fact, confirmed by officials, that has gone almost unnoticed in India. Unlike the 1,200 people in reserved seats, those in the general coaches were officially nameless; the rail service had no record of their identities.... The railway calamity has once again highlighted how unevenly the burden of India's inadequate infrastructure falls on the poor."

Italy. Jason Horowitz & Rachel Donadio of the New York Times: "Silvio Berlusconi, the brash media mogul who revolutionized Italian television with privately owned channels that he used to become the country's most polarizing and prosecuted prime minister over multiple stints in office and an often scandalous quarter-century of political and cultural influence, died on Monday at San Raffaele hospital in Milan. He was 86." The Guardian's obituary of Berlusconi is here.

Scotland. Stephen Castle of the New York Times: "Nicola Sturgeon, Scotland's former first minister and once one of Britain's most prominent politicians, was arrested on Sunday by police officers investigating the finances of the Scottish National Party, which dominates the country's politics and which she led until her unexpected resignation in February. The news deepens the crisis engulfing the Scottish National Party, or S.N.P., delivering a new blow to its campaign for Scottish independence after the arrests of Ms. Sturgeon's husband, Peter Murrell, the party's former chief executive, and then of Colin Beattie, its former treasurer, in April. Both men were released after questioning and without being charged with any offense. In a statement issued late Sunday afternoon, Police Scotland said that Ms. Sturgeon had also 'been released without charge pending further investigation' and, swiftly after that announcement, the former first minister proclaimed her innocence." (Also linked yesterday afternoon.) The Guardian's story is here.

Ukraine, et al.

The New York Times' live updates of developments Monday in Russia's war on Ukraine are here. The Guardian's live updates for Monday are here. The Guardian's summary report is here. ~~~

     ~~~ The Washington Post's live briefing for Monday is here: "Ukraine has liberated the villages of Makarivka, Blahodatne in the Donetsk region, Deputy Defense Minister Hanna Maliar said on Telegram, marking what may be the country's first gains in its long-anticipated counteroffensive.... The territorial gain by Ukraine was confirmed by the Institute for the Study of War in an analysis noting that this was not yet a 'breakthrough.'... Russian forces fired on boats evacuating civilians in the flooded Kherson region, killing three people and injuring 10, regional governor Oleksandr Prokudin said on Telegram. Three boats carrying 21 people, most of them elderly, were leaving the Russian-occupied area across the Dnieper River at the time of the attack, he added.... One-third of nearly 63,000 bomb shelters surveyed by Ukrainian authorities are either shut down or unusable, the country's emergency services department said on Facebook." ~~~

     ~~~ Marie: Killing elderly civilians trying to flee a flood -- which the Russians themselves caused -- in open boats? That's a war crime.

Travis Pennington, et al., of CNN: "The US State Department has confirmed the arrest of American citizen Travis Leake in Russia and said US embassy officials attended his arraignment Saturday. Moscow's courts of general jurisdiction earlier released a statement on the social media app Telegram saying a US citizen had been detained on drugs charges. Leake was detained on Saturday where 'the Khamovniki District Court of Moscow took a preventive measure against an American citizen,' it said.... 'The former paratrooper and musician is accused of engaging in the narcotics business through attracting young people,' the statement said." (Also linked yesterday afternoon.)

News Lede

AP: "The driver of a tractor-trailer hauling gasoline lost control on an off-ramp and flipped the tanker truck on its side in a wreck that set it afire and destroyed a section of the East Coast's main north-south highway, Pennsylvania's top transportation official said Monday. In the first official accounting of a wreck that threw hundreds of thousands of morning commutes into chaos and disrupted untold numbers of businesses, state Transportation Secretary Mike Carroll said the driver was northbound 'trying to navigate the curve, lost control of the vehicle, landed on its side and ruptured the tank.'... Pennsylvania State Police said a body recovered from the wreckage has been turned over to the Philadelphia medical examiner and coroner. Authorities are in the process of identifying the remains, police said."