The Conversation -- April 11, 2024

Katie Rogers of the New York Times: "The substance of the state visit of Prime Minister Fumio Kishida was focused on finding ways to counter China, but the style of the dinner was all about highlighting a capital city that owes its springtime resplendence, in large part, to the diplomatic overtures of the Japanese [the 3,000 cherry trees Japan gave to the U.S. in 2012]." Includes some great photos. ~~~

     ~~~ Aishvarya Kavi of the New York Times: "Japan is giving the United States 250 cherry trees to replace more than 100 that will be torn up during construction around the Tidal Basin in Washington, the Japanese prime minister, Fumio Kishida, said on Wednesday. The gift honors the 250th anniversary of the signing of the Declaration of Independence, which the United States will celebrate in 2026, Mr. Kishida said at a White House ceremony welcoming him for a state visit."

To the Moon, Fumio! Peter Baker & Michael Shear of the New York Times: "President Biden and Prime Minister Fumio Kishida of Japan announced a range of moves on Wednesday to further enhance military, economic and other cooperation between the two longtime allies as part of the president's efforts to counter China's aggressive actions in the Indo-Pacific region. During a pomp-filled state visit honoring the visiting Japanese prime minister, the president said the United States and Japan would create an expanded defense architecture with Australia, participate in three-way military exercises with Britain and explore ways for Japan to join a U.S.-led coalition with Australia and New Zealand. Mr. Biden also announced that the United States would take a Japanese astronaut to the moon as part of NASA's Artemis program, which would be the first time a non-American has set foot on the moon." (Also linked yesterday.)

No, Mike, Donald Trump is not your friend. He is not anybody's friend. ~~~

~~~ Luke Broadwater & Charlie Savage of the New York Times: "Right-wing House Republicans on Wednesday blocked legislation to extend an expiring warrantless surveillance law that national security officials call crucial to gathering intelligence and fighting terrorism, dealing Speaker Mike Johnson a stinging defeat after ... Donald J. Trump urged lawmakers to kill the bill. In an upset on the House floor, the measure, which would extend a section of the Foreign Intelligence Surveillance Act known as Section 702, failed what is normally a routine procedural test. On a vote of 228 to 193, 19 House Republicans, most aligned with the ultraconservative House Freedom Caucus, joined Democrats in opposing its consideration. Such defections were once considered unthinkable but have become increasingly common as the hard right has rebelled against G.O.P. leaders. It was unclear how Republicans would attempt to move forward.... Complicating matters, Republicans had bundled a procedural measure to open debate on the bill with an unrelated resolution condemning President Biden's border policies, all but ensuring that no Democrats would vote to advance the package." (Also linked yesterday.)

** Kayla Guo of the New York Times: "... roughly 6 million women ... went to work during World War II, memorialized by the now iconic recruitment poster depicting Rosie the Riveter, her hair tied back in a kerchief, rolling up the sleeve of her denim shirt and flexing a muscle beneath the slogan, 'We can do it!' More than eight decades later..., around two dozen other so-called Rosies -- many of them white-haired and most wearing the red with white polka dots made famous by the poster -- ... gathered at the Capitol ... to receive the Congressional Gold Medal in honor of their efforts.... During the war, women were desperately needed to fill jobs vacated by men who had left to serve in the armed forces.... 'These enterprising and patriotic women answered the call to serve on the home front during World War II, and forever changed the role of women in the work force,' Senator Susan Collins, Republican of Maine and a lead sponsor of the legislation [which passed in 2020], said during Wednesday's ceremony."

The Trials of Trump & the Trump Gang, Ctd.

Desperate Measures. Jonah Bromwich, et al., of the New York Times: "Lawyers for Donald J. Trump have spent this week seeking to stave off the former president's trial on charges that he covered up a sex scandal. They tried again Wednesday. Again, they failed. In Mr. Trump's latest last-minute bid to delay a trial that starts Monday, he filed a civil action in an appeals court against the judge in the case, Juan M. Merchan. It sought to delay the trial while the appeals court reconsidered several of the judge's rulings. A single appellate court judge, Ellen Gesmer, promptly rejected Mr. Trump's request. Mr. Trump can now have his action heard by a full panel of five appellate court judges, but it would be nearly impossible for the court to act before the trial begins. The episode underscored Mr. Trump's increasing desperation to delay the trial, and his scattershot approach to doing so." A Reuters story is here.

Brennan Center for Justice (April 5): "A group of 15 founding era historians ... have filed a brief [with the Supreme Court] challenging Trump's claim of immunity.... The historians' brief argues that Trump's claim of criminal immunity would transform the presidency into a monarchy -- exactly what the Framers of the Constitution sought to avoid.... The Framers instead understood presidents to be accountable to the people and to the laws, and explicitly recognized that criminal prosecution would be one way among several to hold them accountable. The brief also rebuts Trump's assertion that a president can be prosecuted only after being impeached. That assertion, the historians explain, is inconsistent with the historical understanding of impeachment as a political remedy completely separate from the criminal remedy of prosecution. It is also inconsistent with the long record of prosecutions or threats of prosecutions of officers who were not impeached -- including President Nixon, who accepted a pardon to avoid prosecution despite having resigned before impeachment could proceed. Finally, the brief notes that even if there is some immunity which may attach to the president for certain 'official' acts, the Framers never contemplated that immunity would attach for the acts President Trump stands accused of: the attempted overthrow of the 2020 election. If presidents were granted such immunity, then incumbents could interfere in the transfer of power. And the Framers gave the incumbent president no role ... in the election of the next president, in order to guard elections against executive meddling." ~~~

     ~~~ Here's the brief, via the Court.

No, Mike Allen, Donald Trump is not your friend. He is not anybody's friend. ~~~

Because Trump, Weisselberg Is Back at Rikers. Kate Christobek, et al., of the New York Times: "Allen H. Weisselberg, Donald J. Trump's longtime financial lieutenant, was sentenced Wednesday to five months in the Rikers Island jail complex for perjury, capping a legal saga that has now landed him behind bars twice. The sentence, handed down by a state court judge in Manhattan, came just five days before Mr. Trump is to go on trial in the same courthouse on accusations that he covered up a sex scandal. Mr. Weisselberg was not charged in the same case as Mr. Trump, but he would not be headed to jail if not for his former boss's own troubles: Prosecutors set their sights on Mr. Weisselberg after he refused to turn on Mr. Trump." The AP story is here. (Also linked yesterday.) ~~~

     ~~~ Marie: Trump has to be in Manhattan next week to sit for his first criminal trial. Do you suppose he will take the bus to Rikers to visit his loyal factotum? Yeah, I didn't think so, either.

Presidential Race

Steve Contorno & Kate Sullivan of CNN: "Donald Trump said Wednesday he would not sign a national abortion ban if elected president, reversing a promise the former president made as a candidate in 2016 and stood by during his first term in the White House. His latest shift on abortion is a remarkable position for a Republican presidential nominee and it is illustrative of Trump's desire to make one of his greatest political liabilities disappear. It follows a lengthy statement released Monday in which Trump expressed states and voters should decide how and when to restrict abortion but left unclear how far he would take that approach. Appearing on a tarmac in Atlanta ... [and] asked if he would sign a national abortion ban if it passed Congress, Trump shook his head. 'No.'... 'Donald Trump owns the suffering and chaos happening right now, including in Arizona, because he proudly overturned Roe -- something he called "an incredible thing" and "pretty amazing" just today,' Biden campaign spokesman Michael Tyler said. 'Trump lies constantly -- about everything == but has one track record: banning abortion every chance he gets.'" MB: You just gotta trust in Trump. (Also linked yesterday.)

Trump Is Still the King of Chaos. Stephen Collinson of CNN: "After storming to the Republican nomination, Trump is again the epicenter of controversy ... as he blazes a trail of disruption through Congress, immigration and national security policy, reproductive health care and the nation's top courts.... His volatile personality, loyalty tests, rampant falsehoods, thirst to serve his political self-interest and the aftershocks of his first term are compromising attempts to govern the country." With examples.

Are You Better Off Than You Were Four Years Ago? Top News in the NYT, April 11, 2020: "As he grapples simultaneously with the most devastating public health and economic crises of a lifetime, President Trump finds himself pulled in opposite directions on what to do next. The bankers, corporate executives and industrialists plead with him to reopen the country as soon as possible, while the medical experts beg for more time to curb the coronavirus."

Brad Reed of the Raw Story: "George Riley Jr., a Republican Party of Florida executive director, issued an apology this week after it was revealed that he trashed a hotel room after an employee there observed him 'under the influence.' The Tampa Bay Times revealed that Riley Jr. last week was reported missing by his family after he had seemingly disappeared without notice. It turns out that Riley was staying at the Hampton Inn in Kissimmee, Florida, where he would be kicked out of his room for 'excessive drinking and damage caused to the room' during his stay. In particular, employees said they found the room in total disrepair upon inspecting it as Riley had 'urinated and vomited throughout,' which required the hotel to pay for a deep cleaning.... After being ousted from the hotel, Riley went missing for another two days before he was finally picked up this past Friday by the Osceola County Sheriff's Office." (Also linked yesterday.) ~~~

~~~ We Have a Tie! S.V. Date of the Huffington Post: "One of Donald Trump's county campaign chairs in New Hampshire lost his job as a police officer [in about 2006] after threatening to kill his colleagues in a shooting spree, murder the department chief and rape the chief's wife in retaliation for his suspension over his relationship with a high school girl, according to a newly released report from an internal affairs investigation. Jonathan Stone, who is currently a second-term state representative, was announced as Trump's Sullivan County chair by his campaign on June 27, 2023. The coup-attempting former president first came to know Stone during Trump's 2016 run, when Stone gave him an inscribed AR-15 assault rifle at a campaign stop.... Stone ... opened a gun shop after losing his job as a police officer...." The state supreme court released investigative records last week as a result of a press lawsuit.

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Arizona GOP State Legislators Block Bills to Repeal Abortion Ban. Jack Healy of the New York Times: "Democrats, who have criticized the decision resurrecting a 160-year-old abortion ban that has no exceptions for rape or incest, quickly tried to push bills through the Republican-controlled state Legislature that would repeal the ban.... But Republican leaders in the Senate removed one bill from the day's agenda on Wednesday.... In the other chamber, a Republican House member who has done a political about-face and called for striking down the law made a motion to vote on a Democratic repeal bill that has sat stalled for months. But Republican leaders quickly put the House into recess before any vote could be held. Democrats on the Senate floor jeered as their Republican colleagues filed out of the chamber." (Also linked yesterday.) An ABC News story is here. ~~~

     ~~~ Marie: Watch what they do, not what they say. ~~~

Steve M. has the background on how the Arizona supreme court got packed with "justices" who are so fond of the territorial code against women. The New York Times story is here.

~~~ Arizona Senate Race. Kari Finds Her Inner Emily Litella. Chris Cameron of the New York Times: "Kari Lake, the leading Republican candidate for Senate in Arizona, was quick to denounce the state Supreme Court's ruling upholding an 1864 law banning nearly all abortions in the state. The law is 'out of step with Arizonans,' she said in a statement. She called on state lawmakers to 'come up' with a 'solution that Arizonans can support.' But Ms. Lake, an ally of ... Donald J. Trump and a 2020 election denier, had voiced enthusiastic support for the law less than two years ago, when she was in the midst of a scorched-earth campaign for the Republican nomination for governor. Asked then what she thought of the ban, she said she was thrilled it existed and called a 'great law.'" (Also linked yesterday.)

Virginia. Justin Jouvenal of the Washington Post: "A 6-year-old boy who shot and wounded a teacher at Virginia's Richneck Elementary School last year should have been unenrolled after choking a different teacher, but basic lapses by administrators allowed him back, according to a special grand jury report released Wednesday. The breakdown was one in a long line of failures by school administrators to act on warnings about the boy before he sneaked a gun into the Newport News school and opened fire on Abigail Zwerner, a first-grade teacher, the special grand jury wrote.... The panel found a school so poorly protected that it was vulnerable to a 'probable massacre' in an active shooter situation, officials who kept secrets from parents and a lack of help for the young shooter.... The 11-member panel also recommended a criminal probe of a high-ranking member of Newport News Public Schools for allegedly obstructing the investigation into the shooting, after key pieces of evidence -- the boy's disciplinary files -- went missing. The special grand jury reserved its harshest judgments for Richneck's former assistant principal, Ebony Parker, who it found was warned three times on the day of the shooting that the boy had a weapon but failed to do anything. It indicted her on eight charges of child abuse, possibly the first time an administrator has been charged in connection with the handling of a school shooting, experts said."

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Israel/Palestine, et al. CNN's live updates of developments Thursday in the Israel/Hamas war are here: "The Israeli military said it killed three sons of Hamas political leader Ismail Haniyeh in an airstrike in Gaza, describing them as military wing operatives. The killings threaten to complicate negotiations aiming to secure a ceasefire and hostage deal. Hamas has told negotiators it is unable to identify and track down 40 Israeli hostages matching the criteria needed for a ceasefire deal, according to an Israeli official and a source familiar with the discussions, raising fears that more hostages may be dead than are publicly known. A day after criticizing Prime Minister Benjamin Netanyahu's conduct of the war in Gaza, US President Joe Biden touted an 'ironclad' commitment to Israel's security in the face of Iranian threats. UNICEF said one of its vehicles was hit by 'live ammunition' while waiting to enter northern Gaza from the south. The incident came as Israel's defense minister said his government planned to 'flood Gaza with aid,' and that US pressure played a role in the decision." ~~~

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

Ukraine, et al. Eric Schmitt of the New York Times: "The top American military commander in Europe warned on Wednesday that Ukraine could lose the war with Russia if the United States did not send more ammunition to Ukrainian forces, and fast.... Gen. Christopher G. Cavoli, the head of the Pentagon's European Command, told the House Armed Services Committee..., who is also NATO's top military commander, said Ukraine's allies had provided much of the equipment and arms that Kyiv needed to combat the larger Russian military, including all donated fuel and 90 percent of its tanks. But the United States gives Ukraine most of the two critical munitions that are in shortest supply: artillery shells and air-defense interceptors. 'If we do not continue to support Ukraine, Ukraine will run out of artillery shells and will run out of air defense interceptors in fairly short order,' General Cavoli said. 'Based on my experience in 37-plus years in the U.S. military, if one side can shoot and the other side can't shoot back, the side that can't shoot back loses.'"

News Lede

New York Times: "O.J. Simpson, who ran to fame on the football field, made fortunes as a Black all-American in movies, advertising and television, and was acquitted of killing his former wife and her friend in a 1995 trial in Los Angeles that mesmerized the nation, died on Wednesday. He was 76. The cause was cancer, his family announced on social media."

The Conversation -- April 10, 2024

To the Moon, Fumio! Peter Baker & Michael Shear of the New York Times: "President Biden and Prime Minister Fumio Kishida of Japan announced a range of moves on Wednesday to further enhance military, economic and other cooperation between the two longtime allies as part of the president's efforts to counter China's aggressive actions in the Indo-Pacific region. During a pomp-filled state visit honoring the visiting Japanese prime minister, the president said the United States and Japan would create an expanded defense architecture with Australia, participate in three-way military exercises with Britain and explore ways for Japan to join a U.S.-led coalition with Australia and New Zealand. Mr. Biden also announced that the United States would take a Japanese astronaut to the moon as part of NASA's Artemis program, which would be the first time a non-American has set foot on the moon."

No, Mike, Donald Trump is not your friend. He is not anybody's friend. ~~~

~~~ Luke Broadwater & Charlie Savage of the New York Times: “Right-wing House Republicans on Wednesday blocked legislation to extend an expiring warrantless surveillance law that national security officials call crucial to gathering intelligence and fighting terrorism, dealing Speaker Mike Johnson a stinging defeat after ... Donald J. Trump urged lawmakers to kill the bill. In an upset on the House floor, the measure, which would extend a section of the Foreign Intelligence Surveillance Act known as Section 702, failed what is normally a routine procedural test. On a vote of 228 to 193, 19 House Republicans, most aligned with the ultraconservative House Freedom Caucus, joined Democrats in opposing its consideration. Such defections were once considered unthinkable but have become increasingly common as the hard right has rebelled against G.O.P. leaders. It was unclear how Republicans would attempt to move forward.... Complicating matters, Republicans had bundled a procedural measure to open debate on the bill with an unrelated resolution condemning President Biden's border policies, all but ensuring that no Democrats would vote to advance the package."

Because Trump, Weisselberg Headed Back to Rikers. Kate Christobek, et al., of the New York Times: "Allen H. Weisselberg, Donald J. Trump's longtime financial lieutenant, was sentenced Wednesday to five months in the Rikers Island jail complex for perjury, capping a legal saga that has now landed him behind bars twice. The sentence, handed down by a state court judge in Manhattan, came just five days before Mr. Trump is to go on trial in the same courthouse on accusations that he covered up a sex scandal. Mr. Weisselberg was not charged in the same case as Mr. Trump, but he would not be headed to jail if not for his former boss's own troubles: Prosecutors set their sights on Mr. Weisselberg after he refused to turn on Mr. Trump." The AP story is here.

Steve Contorno & Kate Sullivan of CNN: "Donald Trump said Wednesday he would not sign a national abortion ban if elected president, reversing a promise the former president made as a candidate in 2016 and stood by during his first term in the White House. His latest shift on abortion is a remarkable position for a Republican presidential nominee and it is illustrative of Trump's desire to make one of his greatest political liabilities disappear. It follows a lengthy statement released Monday in which Trump expressed states and voters should decide how and when to restrict abortion but left unclear how far he would take that approach. Appearing on a tarmac in Atlanta ... [and] asked if he would sign a national abortion ban if it passed Congress, Trump shook his head. 'No.'... 'Donald Trump owns the suffering and chaos happening right now, including in Arizona, because he proudly overturned Roe -- something he called "an incredible thing" and "pretty amazing" just today,' Biden campaign spokesman Michael Tyler said. 'Trump lies constantly -- about everything -- but has one track record: banning abortion every chance he gets.'" MB: You just gotta trust in Trump.

Arizona GOP State Legislators Block Bills to Repeal Abortion Ban. Jack Healy of the New York Times: "Democrats, who have criticized the decision resurrecting a 160-year-old abortion ban that has no exceptions for rape or incest, quickly tried to push bills through the Republican-controlled state Legislature that would repeal the ban.... But Republican leaders in the Senate removed one bill from the day's agenda on Wednesday.... In the other chamber, a Republican House member who has done a political about-face and called for striking down the law made a motion to vote on a Democratic repeal bill that has sat stalled for months. But Republican leaders quickly put the House into recess before any vote could be held. Democrats on the Senate floor jeered as their Republican colleagues filed out of the chamber." ~~~

     ~~~ Marie: Watch what they do, not what they say.

Arizona Senate Race. Another Say-Anything GOP Candidate. Chris Cameron of the New York Times: "Kari Lake, the leading Republican candidate for Senate in Arizona, was quick to denounce the state Supreme Court's ruling upholding an 1864 law banning nearly all abortions in the state. The law is 'out of step with Arizonans,' she said in a statement. She called on state lawmakers to 'come up' with a 'solution that Arizonans can support.' But Ms. Lake, an ally of ... Donald J. Trump and a 2020 election denier, had voiced enthusiastic support for the law less than two years ago, when she was in the midst of a scorched-earth campaign for the Republican nomination for governor. Asked then what she thought of the ban, she said she was thrilled it existed and called a 'great law.'"

Brad Reed of the Raw Story: "George Riley Jr., a Republican Party of Florida executive director, issued an apology this week after it was revealed that he trashed a hotel room after an employee there observed him 'under the influence.' The Tampa Bay Times revealed that Riley Jr. last week was reported missing by his family after he had seemingly disappeared without notice. It turns out that Riley was staying at the Hampton Inn in Kissimmee, Florida, where he would be kicked out of his room for 'excessive drinking and damage caused to the room' during his stay. In particular, employees said they found the room in total disrepair upon inspecting it as Riley had 'urinated and vomited throughout,' which required the hotel to pay for a deep cleaning.... After being ousted from the hotel, Riley went missing for another two days before he was finally picked up this past Friday by the Osceola County Sheriff's Office."

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Sam Fossum, et al., of CNN: "President Joe Biden hosts Japanese Prime Minister Kishida Fumio for a state visit Wednesday, including a crucial Oval Office meeting, reinforcing his commitment to bolstering vital partnerships in the Indo-Pacific amid a militarily and economically resurgent China. Over 70 items covering a wide array of critical sectors are expected to be announced as part of the bilateral meeting between Biden and Kishida.... All of the deliverables on the agenda are part of a concerted military, diplomatic and strategic effort to try and 'flip the script' and counter Chinese efforts to isolate American allies like the Philippines and Japan, according to one senior administration official.... Later this week..., the first-ever leaders' summit between the US, Japan and the Philippines [will take place] with Biden working to draw Pacific allies and partners closer as the region grapples with China's aggression and nuclear provocations from North Korea."

Lisa Friedman of the New York Times: "More than 200 chemical plants across the country will be required to curb the toxic pollutants they release into the air under a regulation announced by the Biden administration on Tuesday. The regulation is aimed at reducing the risk of cancer for people living near industrial sites. This is the first time in nearly two decades that the government has tightened limits on pollution from chemical plants. The new rule, from the Environmental Protection Agency, specifically targets ethylene oxide, which is used to sterilize medical devices, and chloroprene, which is used to make rubber in footwear. The E.P.A. has classified the two chemicals as likely carcinogens. They are considered a top health concern in an area of Louisiana so dense with petrochemical and refinery plants that it is known as Cancer Alley." (Also linked yesterday.)

Alex Horton of the Washington Post: "The Pentagon has provided Ukraine with thousands of Iranian-made weapons seized before they could reach Houthi militants in Yemen, U.S. officials said Tuesday. It's the Biden administration's latest infusion of emergency military support for Kyiv while a multibillion-dollar aid package remains stalled in the Republican-led House. The weapons include 5,000 Kalashnikov rifles, machine guns, sniper rifles and rocket-propelled grenades, along with a half-million rounds of ammunition. They were seized from four 'stateless vessels' between 2021 and 2023 and made available for transfer to Ukraine through a Justice Department civil forfeiture program targeting Iran's Islamic Revolutionary Guard Corps, according to U.S. Central Command, which oversees military operations in the Middle East." (Also linked yesterday.)

Alexander Bolton of the Hill: "Speaker Mike Johnson (R-La.) has agreed to Senate conservatives' request that he delay sending two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas until next week. The House had been slated to send the articles to the Senate on Wednesday.... Senate Steering Committee Chairman Mike Lee (R-Utah) told reporters Tuesday afternoon that he was 'very grateful to Speaker Johnson for his willingness to delay this.'... Senate Majority Leader Chuck Schumer (D-N.Y.) responded to the revised timeline by announcing that Senate Democrats will move quickly to quash the impeachment charges whenever they arrive from the House."

The Trials of Trump, Ctd.

Kara Scannell, et al., of CNN: "An appeals court judge has denied ... Donald Trump's request to delay the start of his New York hush money trial so he can challenge the gag order imposed by Judge Juan Merchan. New York Associate Justice Cynthia Kern denied the application for an interim stay just minutes after hearing arguments on the matter Tuesday. A full appeals court panel will still consider Trump's petition, though it will not delay the start of the trial. Motions are due on Monday, the day the jury selection is scheduled to start. The panel of judges will rule on whether to stay the trial after they receive briefs that day, and will decide about the gag order after April 29, when submissions are due. The panel will rule on the written papers; there will be no oral arguments." (Also linked yesterday.) The New York Times story is here.

Alan Feuer of the New York Times: "Granting a request by federal prosecutors, the judge overseeing ... Donald J. Trump's classified documents case ordered his lawyers on Tuesday to redact the names of about two dozen government witnesses from a public version of one of their court filings to protect them against potential threats or harassment. In a 24-page ruling, the judge, Aileen M. Cannon, told Mr. Trump's lawyers to refer to the witnesses in their filing with a pseudonym or a categorical description -- say, John Smith or F.B.I. Agent 1 -- rather than identifying them by name. The special counsel, Jack Smith, had expressed a deep concern over witness safety, an issue that has touched on several of Mr. Trump's criminal cases. Among the people prosecutors were seeking to protect were 'career civil servants and former close advisers' to Mr. Trump, including one who had told them that he was so concerned about potential threats from 'Trump world' that he refused to permit investigators to record an interview with him." ~~~

     ~~~ Devlin Barrett of the Washington Post: "Special counsel Jack Smith has been arguing since January to keep the names of government agents redacted ahead of trial[.... Judge Aileen Cannon's] order was the second time this month she has criticized Justice Department lawyers while ruling mostly in their favor.... Initially, Cannon ruled against Smith, but on Tuesday she relented, saying she would agree to keeping the names and identifying information under seal. It was not a total victory for Smith, however, because the judge also ruled that the substance of the witness statements can be made public in filings, so long as the material did not identify the witnesses or other people who are mentioned.... The judge ... chided Smith for what she said were poorly made legal arguments in the early stages of the discussion. She said his later efforts offered better reasons to keep the names out of the public eye." ~~~

     ~~~ Marie: Cannon, of all people, has a lot of chutzpah to complain about poorly made legal arguments. She's 0 for 2 with the 11th Circuit in her legal reasoning vs. Smith's.

Rob Wile of NBC News: "Shares of Trump Media have erased all their gains since they began trading under the ticker DJT last month. The stock closed down more than 8% Monday at $37.17 after falling about 11% earlier in the day. It had traded above $79 a share on March 26, the day of its debut. But experts say it's hard to draw any firm conclusions about what the stock price's movement means. That's because so many available shares -- about 12%, one of the highest ratios of any active stock listing -- reflect traders' bets that the stock will fall, said Ihor Dusaniwsky, managing director at S3 Partners, a data and predictive analytics company." (Also linked yesterday.)

Amy Wang of the Washington Post: "Two right-wing political operatives must pay up to $1.25 million in fines after they were found liable for launching a robocall campaign designed to keep Black New Yorkers from voting in the 2020 election, New York Attorney General Letitia James announced Tuesday. Jacob Wohl and Jack Burkman, who have a history of concocting conspiracy theories to try to smear Democrats, were found liable last March of orchestrating a robocall campaign that reached about 5,500 predominantly Black New Yorkers in the summer of 2020. Targeted voters received automated calls -- purportedly from a 'civil rights organization' founded by Wohl and Burkman called 'Project 1599' -- that sought to dissuade them from mail-in voting. The messages included false warnings that mail-in voting would cause their personal information to be given to police departments and credit card companies." The AP's story is here.

Adam Goldman of the New York Times: "A federal judge in Manhattan sentenced a Florida woman on Tuesday to one month behind bars for her role in a brazen scheme to steal the diary of President Biden's daughter and sell it to a right-wing group in the hope of disrupting the 2020 election. The conduct of the woman, Aimee Harris, 'was despicable and consequently very serious,' Judge Laura Taylor Swain of Federal District Court for the Southern District of New York said before handing down a punishment. Ms. Harris, 41, tested the patience of prosecutors and the judge overseeing the case, missing repeated sentencing dates and jeopardizing what otherwise appeared to be a likely path to probation. In August 2022, she pleaded guilty to conspiring to transport the stolen diary to New York, where she met with employees of the group, Project Veritas, and sold it for $40,000 just weeks before the election. The judge also sentenced her to three years' probation, along with three months of home confinement, and ordered her to pay back the money she earned from the sale." A CNBC story is here.

Presidential Race

Zachary Leeman of Mediaite: "President Joe Biden named former President Donald Trump as the 'primary threat' to 'freedom and democracy' in the United States. Biden sat down with the Spanish language Univision channel for an interview that will air in full on Tuesday evening. In one clip from the show, he's asked about threats to the United States 'at home' and he's quick to go after his likely competition in November's presidential race." More on the interview linked under Israel/Palestine.

Mike Cason of AL.com: "Alabama Secretary of State Wes Allen has notified the state and national Democratic parties that the scheduled date of the Democratic National Convention is a few days after the deadline for the party to put its nominees for president and vice president on the ballot for the general election in November. Allen, who is a Republican, said state law requires parties to provide a certification of nomination for president and vice president no later than Aug. 15.... Alabama code section 17-14-31(b) says parties must certify their candidates 'no later than the 82nd day preceding the day fixed for the election.' With this year's election on Nov. 5, that makes Aug. 15 the 82nd preceding day, Allen said in [a] letter ... to Randy Kelley, Chair of the Alabama Democratic Party.... Four years ago, when Republicans held their convention Aug. 24-27, the Legislature passed a bill to make a one-time change in the deadlines and accommodate the GOP." ~~~

     ~~~ The same deadline dilemma is taking place in Ohio, where a Republican secretary of state also runs elections.

Frances Langum of Crooks & Liars: "Continuing our series regarding 'are you better off today than you were four years ago,['] here's the Velveeta Vulgarian recommending zinc as a Covid remedy. John Amato wrote the post ... [on] April 9, 2020: 'Trump stunned the medical community yesterday when he claimed they are saying "to add zinc" as a coronavirus treatment.'"

Rachel Sharp of the Independent: "Seven years on from the notorious moment where he stared directly at the sun during the last solar eclipse over the US, [Donald Trump] is jumping on the sungazing bandwagon yet again. On Sunday night, Mr Trump posted a bizarre campaign ad on Truth Social where his own head takes on the role of the moon -- blocking out the sun and plunging America into total darkness." (Also linked yesterday.)

Kim Bellware of the Washington Post: "James and Jennifer Crumbley, the parents of the Oxford, Mich., school shooter, were sentenced Tuesday to 10 to 15 years each after being convicted of involuntary manslaughter in separate trials.... Oakland County Prosecutor Karen McDonald had sought a total of 10 to 15 years for each parent in a sentencing memo last week that detailed the trauma, terror and devastation caused by what she said was the Crumbleys' gross negligence that resulted in their son Ethan Crumbley killing Hana St. Juliana, 14; Tate Myre, 16; Madisyn Baldwin, 17; and Justin Shilling, 17, while wounding others at Oxford High School." (Also linked yesterday.)

Edward Moreno of the New York Times: "Norfolk Southern announced on Tuesday that it agreed to pay $600 million to settle a class-action lawsuit stemming from a February 2023 derailment of a train carrying hazardous materials in East Palestine, Ohio. The settlement, which must be approved by U.S. District Judge Benita Y. Pearson, includes payments to residents and businesses within 20 miles of the derailment. It also resolves personal injury claims within a 10-mile radius of the derailment." (Also linked yesterday.)

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Arizona. It was 1864. Arizona would not become a state for more than half a century. Phoenix had fewer than 250 residents. Abe Lincoln was president. The Civil War was raging. Slavery was legal. The gunfight at the O.K. Corral was decades away. Women could not vote and would have no say in governance for 54 years. And a guy named William Thompson Howell would travel to the newly-created Arizona Territory where he found "two out of every three people in the area were barefooted" and he was obliged to write the territory's first legal code. The code included a ban on abortion:

[E]very person who shall administer or cause to be administered or taken, any medicinal substances, or shall use or cause to be used any instruments whatever, with the intention to procure the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two years nor more than five years: Provided, that no physician shall be affected by the last clause of this section, who in the discharge of his professional duties, deems it necessary to produce the miscarriage of any woman in order to save her life. ~~~

~~~ How "Leave It to the States" Works. Cindy Von Quednow of CNN: "In a historic decision Tuesday, the Arizona Supreme Court ruled the state must adhere to a 123-year-old penal code barring all abortions except in cases when 'it is necessary to save' a pregnant person's life. The law, which can be traced to as early as 1864, also carried a prison sentence of two to five years for abortion providers.... Last week, Arizona for Abortion Access, a group of abortion rights organizations, announced it had gathered enough signatures for a November 2024 ballot measure that would ask voters to enshrine abortion rights in the state's constitution." (Also linked yesterday.) The New York Times story is here. ~~~

     ~~~ President Joe Biden's statement on the Arizona ruling, via the White House. (Also linked yesterday.) ~~~

~~~ Eugene Daniels of Politico: "Vice President Kamala Harris will travel to Tucson, Arizona on Friday just days after the state's Supreme Court upheld one of the nation's most far-reaching abortion bans.... The campaign trip, which was already in the works prior to the court decision, will likely take on a heightened focus on abortion rights and access." (Also linked yesterday.) ~~~

~~~ Brett Samuels of the Hill: "Biden campaign aides and allies on Tuesday wasted little time tying an Arizona court ruling effectively outlawing abortion in the state directly to former President Trump and his call for abortion policy to be decided by the states. 'This is what leaving it to the states looks like,' Biden campaign spokesperson Ammar Moussa wrote on the social platform X. 'This is what Donald Trump endorsed yesterday,' Kate Bedingfield, a former top aide on the Biden 2020 campaign and in the Biden White House, posted on X. 'An abortion ban from 1864... that's what Trump supports,' wrote Kevin Munoz, another Biden campaign aide.... The ruling came one day after Trump, the presumptive Republican nominee for November's presidential contest, issued a video statement in which he said states will be allowed to determine abortion law either by legislation or by vote.... In the same statement, Trump said he was 'proudly' responsible for bringing about the end of Roe v. Wade through the appointment of three conservative justices." (Also linked yesterday.) ~~~

~~~ Dan Balz of the Washington Post: "It took little more than a day for Donald Trump's political gambit on abortion to come undone.... Trump had said let the states handle the issue. The Arizona court showed the full implications of that states' rights strategy.... All abortion politics are national, not local. Abortion developments -- new laws, new restrictions, new stories of women caught up in heart-wrenching and sometimes life-threatening decisions -- are no longer confined to the geography where they take place. They are instantly part of the larger debate.... There is no safe harbor for Trump and the Republicans at this point."

Michigan Senate Race. Carl Gibson of Alternet, republished by the Raw Story: "Former Rep. Mike Rogers (R-MI) is running in the Republican U.S. Senate primary on his local roots.... In a tweet, Rogers -- who represented Michigan's 8th Congressional District between 2001 and 2015 -- wrote, 'I'm proud to be born and raised right here in Michigan. And I will be proud to serve my home in the U.S. Senate.' This prompted Austin Cook, the communications director for Democratic U.S. Senate candidate Rep. Elissa Slotkin (D-MI), to tweet a screenshot of Rogers' voter registration record that shows a Florida ZIP code and a voter status of 'active.'... A 4,751 square-foot five-bedroom, four-bathroom house in Cape Coral[, Florida] valued on Zillow at nearly $1.7 million matches the address shown on Rogers' voter registration in Florida. And according to Lee County, Florida property assessment records, that home is in the name of Rogers, his wife and their family trust." As long as Rogers moves back to Michigan by election day, he can legally run for the state's Senate seat. ~~~

     (~~~ Last August we learned that Alabama Senator Tommy Tuberville's main residence is in Florida, and he does not own a home in Alabama. Now that is illegal, but apparently Alabama doesn't care.)

~~~~~~~~~~

Israel/Palestine, et al. The Washington Post's live updates of developments Wednesday in the Israel/Hamas war are here: "President Biden called Israeli Prime Minister Benjamin Netanyahu's approach in Gaza a 'mistake,' and reiterated the U.S. call for a cease-fire for at least six weeks to allow for the delivery of food and medicine to Palestinians. Biden's sharp criticism, in an interview recorded earlier with Univision that aired Tuesday night, comes at a time of growing global pressure on Israel following the deaths of seven aid workers in a strike by its military and over severe delays in the delivery of aid to the besieged enclave.... Vice President Harris on Tuesday met with family members of American hostages held by Hamas in Gaza and underscored that the Biden administration was prioritizing the hostages] release and the return of the remains of those confirmed killed, according to the White House.... The World Health Organization and U.N. partners supported the Gaza Health Ministry in organizing burials of unidentified bodies found at al-Shifa Hospital, WHO Director General Tedros Adhanom Ghebreyesus said Tuesday. The hospital was the site of a days-long raid by Israeli forces, which left it in ruins." ~~~

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

News Lede

CNBC: "The consumer price index accelerated at a faster-than-expected pace in March, pushing inflation higher and likely dashing hopes that the Federal Reserve will be able to cut interest rates anytime soon. The CPI, a broad measure of goods and services costs across the economy, rose 0.4% for the month, putting the 12-month inflation rate at 3.5%, or 0.3 percentage point higher than in February, the Labor Department's Bureau of Labor Statistics reported Wednesday. Economists surveyed by Dow Jones had been looking for a 0.3% gain and a 3.4% year-over-year level."

The Conversation -- April 9, 2024

Arizona. How "Leave It to the States" Works. Cindy Von Quednow of CNN: "In a historic decision Tuesday, the Arizona Supreme Court ruled the state must adhere to a 123-year-old penal code barring all abortions except in cases when 'it is necessary to save' a pregnant person's life. The law, which can be traced to as early as 1864, also carried a prison sentence of two to five years for abortion providers.... Last week, Arizona for Abortion Access, a group of abortion rights organizations, announced it had gathered enough signatures for a November 2024 ballot measure that would ask voters to enshrine abortion rights in the stat's constitution." ~~~

     ~~~ President Joe Biden's statement on the Arizona ruling, via the White House. ~~~

~~~ Eugene Daniels of Politico: "Vice President Kamala Harris will travel to Tucson, Arizona on Friday just days after the state's Supreme Court upheld one of the nation's most far-reaching abortion bans.... The campaign trip, which was already in the works prior to the court decision, will likely take on a heightened focus on abortion rights and access." ~~~

~~~ Brett Samuels of the Hill: "Biden campaign aides and allies on Tuesday wasted little time tying an Arizona court ruling effectively outlawing abortion in the state directly to former President Trump and his call for abortion policy to be decided by the states. 'This is what leaving it to the states looks like,' Biden campaign spokesperson Ammar Moussa wrote on the social platform X. 'This is what Donald Trump endorsed yesterday,' Kate Bedingfield, a former top aide on the Biden 2020 campaign and in the Biden White House, posted on X. 'An abortion ban from 1864 ... that's what Trump supports,' wrote Kevin Munoz, another Biden campaign aide.... The ruling came one day after Trump, the presumptive Republican nominee for November's presidential contest, issued a video statement in which he said states will be allowed to determine abortion law either by legislation or by vote.... In the same statement, Trump said he was 'proudly' responsible for bringing about the end of Roe v. Wade through the appointment of three conservative justices."

Kara Scannell, et al., of CNN: "An appeals court judge has denied ... Donald Trump's request to delay the start of his New York hush money trial so he can challenge the gag order imposed by Judge Juan Merchan. New York Associate Justice Cynthia Kern denied the application for an interim stay just minutes after hearing arguments on the matter Tuesday. A full appeals court panel will still consider Trump's petition, though it will not delay the start of the trial. Motions are due on Monday, the day the jury selection is scheduled to start. The panel of judges will rule on whether to stay the trial after they receive briefs that day, and will decide about the gag order after April 29, when submissions are due. The panel will rule on the written papers; there will be no oral arguments."

Rob Wile of NBC News: "Shares of Trump Media have erased all their gains since they began trading under the ticker DJT last month. The stock closed down more than 8% Monday at $37.17 after falling about 11% earlier in the day. It had traded above $79 a share on March 26, the day of its debut. But experts say it's hard to draw any firm conclusions about what the stock price's movement means. That's because so many available shares -- about 12%, one of the highest ratios of any active stock listing -- reflect traders' bets that the stock will fall, said Ihor Dusaniwsky, managing director at S3 Partners, a data and predictive analytics company."

Lisa Friedman of the New York Times: "More than 200 chemical plants across the country will be required to curb the toxic pollutants they release into the air under a regulation announced by the Biden administration on Tuesday. The regulation is aimed at reducing the risk of cancer for people living near industrial sites. This is the first time in nearly two decades that the government has tightened limits on pollution from chemical plants. The new rule, from the Environmental Protection Agency, specifically targets ethylene oxide, which is used to sterilize medical devices, and chloroprene, which is used to make rubber in footwear. The E.P.A. has classified the two chemicals as likely carcinogens. They are considered a top health concern in an area of Louisiana so dense with petrochemical and refinery plants that it is known as Cancer Alley."

Alex Horton of the Washington Post: "The Pentagon has provided Ukraine with thousands of Iranian-made weapons seized before they could reach Houthi militants in Yemen, U.S. officials said Tuesday. It's the Biden administration's latest infusion of emergency military support for Kyiv while a multibillion-dollar aid package remains stalled in the Republican-led House. The weapons include 5,000 Kalashnikov rifles, machine guns, sniper rifles and rocket-propelled grenades, along with a half-million rounds of ammunition. They were seized from four 'stateless vessels' between 2021 and 2023 and made available for transfer to Ukraine through a Justice Department civil forfeiture program targeting Iran's Islamic Revolutionary Guard Corps, according to U.S. Central Command, which oversees military operations in the Middle East."

Kim Bellware of the Washington Post: "James and Jennifer Crumbley, the parents of the Oxford, Mich., school shooter, were sentenced Tuesday to 10 to 15 years each after being convicted of involuntary manslaughter in separate trials.... Oakland County Prosecutor Karen McDonald had sought a total of 10 to 15 years for each parent in a sentencing memo last week that detailed the trauma, terror and devastation caused by what she said was the Crumbleys' gross negligence that resulted in their son Ethan Crumbley killing Hana St. Juliana, 14; Tate Myre, 16; Madisyn Baldwin, 17; and Justin Shilling, 17, while wounding others at Oxford High School."

Edward Moreno of the New York Times: "Norfolk Southern announced on Tuesday that it agreed to pay $600 million to settle a class-action lawsuit stemming from a February 2023 derailment of a train carrying hazardous materials in East Palestine, Ohio. The settlement, which must be approved by U.S. District Judge Benita Y. Pearson, includes payments to residents and businesses within 20 miles of the derailment. It also resolves personal injury claims within a 10-mile radius of the derailment."

Rachel Sharp of the Independent: "Seven years on from the notorious moment where he stared directly at the sun during the last solar eclipse over the US, [Donald Trump] is jumping on the sungazing bandwagon yet again. On Sunday night, Mr Trump posted a bizarre campaign ad on Truth Social where his own head takes on the role of the moon -- blocking out the sun and plunging America into total darkness."

~~~~~~~~~~

Michael Shear of the New York Times: "President Biden on Monday announced a large-scale effort to help pay off federal student loans for tens of millions of American borrowers, seeking an election-year boost by returning to a 2020 campaign promise that was blocked by the Supreme Court last year. Mr. Biden's new plan would reduce the amount that 25 million borrowers still owe on their undergraduate and graduate loans. It would wipe away the entire amount for more than four million Americans. Altogether, White House officials said, 10 million borrowers would see debt relief of $5,000 or more.... Mr. Biden announced the plan in Madison, Wis., the capital of a critical swing state and a college town that symbolizes the president's promise to make higher-education affordability a cornerstone of his economic agenda. But it is a promise he has so far failed to achieve, largely because of legal challenges from Republicans and other critics." ~~~

     ~~~ Marie: Post-grads left in limbo should keep in mind that it is Republicans who are actively working to make sure they are saddled with crushing debt during what should be among their most productive work years and when they most need money to establish their families and homes. If they're really concerned -- as they purport to be -- that President Biden is overstepping his executive authority by forgiving these debts, Republicans should be sponsoring & passing Congressional bills to eliminate or reduce these student-loan debts. They are not. Republicans have chosen instead to side with the banks to make sure young people pay lucrative interest rates.

Caitlin Yilek of CBS News: "Senate Minority Leader Mitch McConnell on Monday endorsed a bill that could lead to a ban of TikTok in the U.S. after its momentum slowed in the Senate following its whirlwind passage in the House last month. 'This is the matter that deserves Congress' urgent attention, and I'll support common sense bipartisan steps to take one of Beijing's favorite tools of coercion and espionage off the table,' the Kentucky Republican said on the Senate floor, describing the platform as 'a tool of surveillance and of propaganda.' The legislation seeks to force its Beijing-based parent company ByteDance to sell TikTok within six months to maintain access to U.S. web-hosting services and app stores.... Majority Leader Chuck Schumer, a New York Democrat, has been noncommittal about bringing it up for a vote, though he included TikTok legislation among his top priorities in a letter to Democrats last week."

Devlin Barrett of the Washington Post: "Justice Department officials told House Republicans they don't intend to provide audio recordings of President Biden's interviews with the special counsel who investigated his handling of classified documents -- suggesting that since lawmakers already have the transcripts of those interviews, the request was more about scoring political points than seeking information.... Their demand for the recordings, after already having the transcripts, 'indicates that the Committees' interest may not be in receiving information in service of legitimate oversight or investigatory functions, but to serve political purposes that should have no role in the treatment of law enforcement files,' [senior DOJ official Carlos] Uriarte wrote in the letter sent on Monday [to committee chairs James Comer & Jim Jordan].... Jordan and Comer have threatened to hold Attorney General Merrick Garland in contempt if the department doesn't turn over the audio recordings...."

The Trials of Trump, Ctd.

Adam Liptak of the New York Times: "Jack Smith, the special counsel prosecuting ... Donald J. Trump on charges of plotting to overturn the 2020 election, urged the Supreme Court on Monday to reject Mr. Trump's claim that he is immune from prosecution. 'The president's constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them,' Mr. Smith wrote. The filing was Mr. Smith's main submission in the case, which will be argued on April 25.... 'The absence of any prosecutions of former presidents until this case does not reflect the understanding that presidents are immune from criminal liability,' Mr. Smith wrote. 'It instead underscores the unprecedented nature of petitioner's alleged conduct.'" ~~~

     ~~~ Smith's brief, via the Court, is here. ~~~

~~~ Gary Warner of Stars & Stripes: "Nineteen retired generals, admirals and former top civilian defense officials have filed a brief with the U.S. Supreme Court opposing ... Donald Trump's bid for immunity from prosecution. 'We risk jeopardizing America's standing as a guardian of democracy in the world and further feeding the spread of authoritarianism, thereby threatening the national security of the United States and democracies around the world,' the group wrote. The 38-page amicus brief includes officials from Democratic and Republican administrations dating back to former President John F. Kennedy, as well as four-star generals from the Army, Air Force and Marines, and Navy and Coast Guard admirals.... The amicus brief ... argues that without rapid action to negate the claims of immunity, the cases could become moot since they would not be heard prior to the November presidential election. Trump is the expected Republican nominee against Biden. If elected, Trump could use his presidential authority in a bid to pardon himself from prosecution."

Ben Protess, et al., of the New York Times: "Donald J. Trump, a week away from standing trial in Manhattan on criminal charges that he falsified records to cover up a sex scandal, has indicated he plans to file a lawsuit against the judge overseeing the case. Court records showed on Monday that Mr. Trump was filing an action against the judge, Juan M. Merchan, though the papers were not immediately made public. An online court docket where Mr. Trump is expected to file the so-called Article 78 action -- a special proceeding that can be used to challenge New York state government agencies and judges -- showed that the related paperwork was sealed. Two people with knowledge of the matter said that Mr. Trump's lawyers on Monday planned to file the action calling on an appeals court to delay the trial and to challenge a gag order that Justice Merchan recently imposed on the former president.... Mr. Trump's unorthodox move -- essentially an appeal in the form of a lawsuit -- is unlikely to succeed, particularly so close to trial." (Also linked yesterday.) ~~~

     ~~~ Well, that was yesterday. The article has been updated. New Lede: "One week before Donald J. Trump is set to face a criminal trial in Manhattan, an appeals court judge on Monday rejected his effort to pause the case and move it to a different location. The judge, Lizbeth Gonzalez, issued the decision Monday afternoon after hearing arguments from Mr. Trump's lawyers and lawyers from the Manhattan district attorney's office.... In a separate proceeding, he indicated that he planned to file an unusual type of lawsuit against the judge overseeing the case, Juan M. Merchan.... Court records showed on Monday that Mr. Trump had begun the process of filing the action against Justice Merchan, though the papers were not immediately made public." An AP story is here. A Law & Crime story on the bid to remove Justice Merchan is here.

Aaron Katersky & Peter Charalambous of ABC News: "As Donald Trump's lawyers on Monday afternoon attempted to convince an appellate judge that a fair jury selection could not happen in a Manhattan courtroom, the judge overseeing the former president's criminal trial, Judge Juan Merchan, released the questionnaire he plans to use to oversee jury selection for the trial, which is scheduled to begin on April 15. Prospecutive jurors will be asked if they have ever attended one of Trump's rallies, if they belong to groups like the Proud Boys or Antifa, or if they volunteered with a political entity associated with the former president. 'Do you have any strong opinions or firmly held beliefs about whether a former president may be criminally charged in a state court?' one question asks. 'Do you have any feelings about how Mr. Trump is being treated in this case?'... [And so forth.] Merchan also included the summary he intends to read to the prospective jurors next week, offering them a glimpse of the months-long trial."

Rachel Maddow's long opening segment last night featured the crooked business practices of Don Hankey, the usurious car-loan billionaire whose various enterprises cheated mostly low-income Americans of billions, but had somehow found his "generous" side in rescuing -- for a "low fee" -- Donald Trump and Jared Kushner (Kushner, while Trump was president*). Here's a part of that segment:

     ~~~ Hankey's bond to cover Trump in the New York fraud case is in some trouble inasmuch as Hankey, et al., are not registered to make bond in New York. Then there's this: ~~~

     ~~~ Paul Campos in LG&$ republishes part of a Daily Beast report: "'The little-known insurance company that rescued Donald Trump by providing a last-minute $175 million bank fraud bond isn't just unlicensed in New York; it hasn't even been vetted by a voluntary state entity that would verify it meets minimum 'eligibility standards' to prove financial stability. Perhaps even more troubling, the legal document from Knight Specialty Insurance Company [that's a Hankey-controlled company] doesn't actually promise it will pay the money if the former president loses his $464 million bank fraud case on appeal. Instead, it says Trump will pay, negating the whole point of an insurance company guarantee, according to three legal and bond experts who reviewed the contract for The Daily Beast.'... It looks more like a piece of paper that says Donald Trump is going to pay you and if he doesn't we don't promise to do anything about that! HOW IS THIS A BOND EXACTLY?" Thanks to RAS for the link. ~~~

     ~~~ Marie: This is Donald Trump's playing "catch me if you can" with New York State. So far, Trump is winning the game, even if it doesn't necessarily look that way on paper. Judge Arthur Engoron will hear arguments April 22 on whether or not the bond is sufficient.

Presidential Race

A Method to His Lies. Angelo Fichera of the New York Times: "In the week starting with Mr. Trump's victory speech in Iowa through his win in the New Hampshire primary -- the contests that put him on the path to becoming his party's nominee for the third consecutive time -- The New York Times analyzed all of his public statements, including speeches, interviews and social media posts. His words focused heavily on attacking his political rivals, self-aggrandizing and stoking fear to make his case for 2024. In doing so, Mr. Trump often relied on repeated falsehoods and half-truths. He has yet to deviate from this approach in the general election....

"He grossly distorts his opponents' records and proposals to make them sound unreasonable.... He exaggerates and twists the facts to make his record sound better than it is.... He relies on both well-worn and fresh claims of election rigging to suggest he can lose only if his opponents cheat.... He has turned his criminal cases into a rallying cry, baselessly asserting that he is being persecuted by his successor.... He makes unverifiable claims about what the world would have been like had he secured a second term.... He describes the United States as a nation in ruins." (Also linked yesterday.)

Maggie Haberman, et al., of the New York Times: "... Donald J. Trump said in a video statement on Monday that abortion rights should be left up to the states, remarks that came after months of mixed signals on an issue that he and his advisers have worried could cost him dearly in the election. Mr. Trump said his view was that the states should decide through legislation, and that 'whatever they decide must be the law of the land, and in this case, the law of the state.' But he added that he was 'strongly in favor of exceptions for rape, incest and life of the mother.'... Mr. Trump appeared to be trying to move past the issue of abortion rights as quickly as possible without discussing a federal ban, which would face steep odds in the House and Senate. He has privately discussed supporting such a ban. But politically, Mr. Trump's announcement that abortion should be left to the states will allow Democrats to tag him with some of the strictest abortion laws in the country, including a six-week ban in Florida that he has said was a 'terrible mistake.'... In the video, Mr. Trump said he was 'proudly the person responsible' for overturning Roe and eliminating the constitutional right to abortion after almost 50 years. Mr. Trump falsely claimed that 'all legal scholars, both sides, wanted and in fact demanded' that Roe should be ended. He then falsely claimed that Democrats wanted babies 'executed after birth.'" CNN's report is here. (Also linked yesterday.) ~~~

Nathaniel Weixel of the Hill: "President Biden slammed former President Trump on Monday for saying he thinks abortion policies are best left to the states, and for the presumptive GOP presidential nominee's role in overturning Roe v. Wade. 'Donald Trump made it clear once again today that he is -- more than anyone in America -- the person responsible for ending Roe v. Wade,' Biden said in a statement. 'Let there be no illusion. If Donald Trump is elected and the MAGA Republicans in Congress put a national abortion ban on the Resolute Desk, Trump will sign it into law.'... 'Trump is scrambling. He's worried that since he's the one responsible for overturning Roe the voters will hold him accountable in 2024,' Biden said. 'Well, I have news for Donald. They will. America was built on personal freedom and liberty. So, there is nothing more un-American than having our personal freedoms taken away. And that is what Donald Trump has done.'"

~~~ Michael Shear & Katie Rogers of the New York Times: "President Biden's re-election campaign on Monday released a searing campaign ad blaming ... Donald J. Trump for the near-death of a Texas woman who suffered infections after she was denied an abortion following a miscarriage. The ad, in which the woman, Amanda Zurawski, sobs about the loss of the baby she and her husband had wanted to name Willow, describes the infection that nearly killed her because of the Texas law that prohibits abortions even when they are medically necessary. Viewers then see a black screen with a single phrase: 'Donald Trump did this.'" ~~~

Marie: Closer readings of Trump's cop-out reveal that the situation is considerably worse than President Biden and his campaign suggest. Read on. ~~~

~~~ Don't Believe What You Read in the MSM. Amanda Marcotte of Salon: "On Monday, with great fanfare, Donald Trump released his 'plan' on abortion in a video posted to Truth Social. As with most things Trump says, the short statement was an avalanche of lies. He claims overturning Roe v. Wade was 'about will of the people.' In reality, strong majorities of Americans disapprove of the Supreme Court's actions. He claims 'all legal scholars' on 'both sides' wanted to repeal Roe, another lie.... He claimed, as he does routinely now, that Democrats want abortion 'after birth,' a vile lie that has become normalized through brute repetition. But the most consequential deceit is from Trump implying -- but notably never actually saying -- he's on the 'leave it to the states' bandwagon.... [Trump said,] 'The states will determine by vote or legislation or perhaps both, and whatever they decide must be the law of the land.' As sharp observers noticed (which most mainstream media missed), Trump's language here is descriptive of the current state of play and avoids committing to any future action or inaction.... Matt Gertz of Media Matters correctly criticized the press for leaving 'pro-choice swing voters with the false impression that he is more moderate than he actually is.' As he points out, Trump sidestepped the question of what he plans to do if he's in the White House. That's because he plans to ban abortion nationwide." ~~~

~~~ See also Akhilleus' commentary in today's thread. ~~~

~~~ Michelle Goldberg of the New York Times: "... the most misleading part of [Trump's] spiel was the way he implied that in a second Trump administration, abortion law will be left entirely up to the states.... Should Trump return to power, he plans to surround himself with die-hard MAGA activists, not the establishment types he blames for undermining him during his first term. And many of these activists have plans to restrict abortion nationally without passing any new laws at all.... [The 19th-century anti-vice Comstack Act] was never actually repealed, and now that Trump's justices have scrapped Roe, his allies believe they can use Comstock to go after abortion nationwide.... A resurrected Comstock Act wouldn't just stop women from ordering abortion pills through the mail. It could also prevent doctors and pharmacies from dispensing them, since neither the Postal Service nor express carriers like UPS and FedEx would be allowed to ship them in the first place. And it would give the Justice Department a rationale for cracking down on the networks that help provide pills to women in states with abortion bans." ~~~

~~~ Law Dork Chris Geidner: "While once again taking credit for the end of Roe v. Wade and the constitutional right to an abortion, Donald Trump nonetheless tried to distance himself on Monday from the most extreme anti-abortion positions of his party in an explicit effort to 'win elections.' The purported abortion position Trump peddled in a video posted Monday on Truth Social -- after avoiding laying out his position throughout the primary -- is unrealistic, unworkable, and unpopular. Don't fall for it.... Right now, a majority of Republicans in Congress support an argument that could lead to an effective nationwide abortion ban without the passage of any new legislation.... In a brief submitted to the U.S. Supreme Court earlier this year, 145 Republicans expressed the view that the Comstock Act -- an 1873 law -- criminalizes any mailing of abortion drugs, contrary to the views of courts that have interpreted it and the Biden administration.... Although he is not on the brief, House Speaker Mike Johnson had joined an earlier and even more extreme letter led by Sen. James Lankford in January 2023 challenging the administration's position.... It is important to consider, in detail, just how far removed Trump's claimed position on Monday is from Republican reality."

~~~ Lisa Lerer & Elizabeth Dias of the New York Times: "... on Monday, [anti-abortionists'] biggest champion, the man whom they call the 'most pro-life president in history,' chose politics over their principles -- and launched a series of vitriolic attacks on some of their top leaders.... His remarks [about abortion] were low on specifics.... Mr. Trump reacted to the criticism with a series of scathing attacks on ... Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America, the leading anti-abortion group..., and Senator Lindsey Graham of South Carolina, who also questioned the former president's commitment to the anti-abortion movement on Monday. Mr. Trump took full credit for the decision to overturn Roe, disregarding the decades of work by activists and lawyers to build a conservative movement to undercut Roe. 'Lindsey, Marjorie, and others fought for years, unsuccessfully, until I came along and got the job done,' he posted on his social media site...." ~~~

     ~~~ Mariana Alfaro of the Washington Post: "'I blame myself for Lindsey Graham, because the only reason he won in the Great State of South Carolina is because I Endorsed him!' Trump said in one of several posts shared on Truth Social, his social media site, in which he targeted one of his top allies in Congress.... Throughout Monday afternoon, Trump raged at Graham in post after post on the social media platform after Graham said he 'respectfully' disagreed with Trump's conclusions about abortion policy." MB: Lindsey, Lindsey, no matter how many times you pucker up to Trump's backside, you can never disagree with him, "respectfully" or otherwise. You must treat him as the infallible god he thinks he is, even when he makes contradictory assertions within the same fake tweet. When will you ever learn? ~~~

~~~ Let's Ask Mikey! Anjali Huynh of the New York Times: "Former Vice President Mike Pence delivered a scathing rebuke to ... Donald J. Trump's announcement on Monday that he thought abortion rights should be left to the states, calling Mr. Trump's video statement a 'slap in the face' to the anti-abortion voters who supported him in 2016 and 2020. In a statement on social media, he described Mr. Trump as retreating on the issue and indicated that his discontent was centered on Mr. Trump's lack of endorsement, or any mention at all, of a federal ban." Politico's story is here.

Eric Lipton, et al., of the New York Times: "Jared Kushner's investment fund ... is bringing with it ethical issues that would only grow if his father-in-law, Donald J. Trump, should win another term as president. His $3 billion fund is financed almost entirely from overseas investors with whom he worked when he served as a senior adviser in the Trump White House. He has taken money from government wealth funds in Saudi Arabia, Qatar and the United Arab Emirates, as well as from Terry Gou, a founder of Foxconn, the Taiwan-based electronics manufacturer, whose role in Mr. Kushner's firm has not been previously disclosed. In total, 99 percent of the money placed with him by investors has come from foreign sources, according to a filing with the Securities and Exchange Commission in late March." Oh, read on.

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Haiti. Widlore Merancourt & Amanda Coletta of the Washington Post: "Heavily armed gangs control 80 percent of Port-au-Prince, [Haiti,] the United Nations has estimated, where they rape, kidnap and kill with impunity. Haiti doesn't manufacture firearms, and the United Nations prohibits importing them, but that's no problem for the criminals. When they go shopping, the United States is their gun store. The semiautomatic rifles that have wrought human carnage from an elementary school in Newtown, Conn., to a Walmart in El Paso are also being used to menace the Haitian government and terrorize the population ... owing to access in the United States, corruption in Haiti and insufficient screening in both countries.... The influx of U.S. guns to criminals is a growing problem across the Caribbean.... Exasperated Caribbean leaders last year declared the flood of U.S. weapons 'a direct threat to our democracy' and urged Washington to join their 'war on guns.'... U.S. officials say they're trying to disrupt what they describe as a relatively new flow."

Israel/Palestine, et al. The Washington Post's live updates of developments Tuesday in the Israel/Hamas war are here: "Hamas is reviewing the latest cease-fire proposal presented by mediators, according to a statement released Tuesday, after negotiators left Cairo and a senior official said talks were 'on hold.' Hamas criticized the proposal for not meeting Palestinian demands, but said it would nonetheless study it and respond. Israel's foreign minister said Monday that the talks were at a 'critical point,' and 'if matters work out, a large number of hostages will return home and, in stages, everyone.'... Israeli Prime Minister Benjamin Netanyahu said a date had been set for Israel's planned ground offensive in the Rafah but he did not specify when. Displaced Palestinians have evacuated to the southern city, where the population has swelled to about 1.4 million. The leaders of Egypt, Jordan and France called for a permanent cease-fire and a two-state solution in an opinion piece in The Washington Post on Monday. They also demanded the immediate release of all hostages." ~~~

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