The Conversation -- November 5, 2023

Now, Class, Today's English Language Lesson, according to Merriam-Webster, via George Conway, via RAS: ~~~

TRUMPERY: "Trumpery derives from the Middle English trompery and ultimately from the Middle French tromper, meaning 'to deceive.' (You can see the meaning of this root reflected in the French phrase trompe-l'oeil-literally, 'deceives the eye' - which in English refers to a style of painting with photographically realistic detail.) Trumpery first appeared in English in the mid-15th century with the meanings 'deceit or fraud' (a sense that is now obsolete) and 'worthless nonsense.' Less than 100 years later, it was being applied to material objects of little or no value. The verb phrase trump up means 'to concoct with the intent to deceive,' but there is most likely no etymological connection between this phrase and trumpery." M-W's list of synonyms is great, BTW, and anyone who wishes to refer to The Former Guy as "President* Codswollop" will be understood here.

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Liz Goodwin & Marianna Sotomayor of the Washington Post: House Speaker Mike Johnson's "opening moves have set him on a collision course with Senate Minority Leader Mitch McConnell (Ky.), as both Republican leaders simultaneously struggle to manage their own fractious conferences.... McConnell -- an 81-year-old Republican of a different political generation than Johnson, 51, with a reputation for fiercely pursuing party goals -- has in recent years broken with orthodoxy and sided with President Biden and the Senate Democratic majority on key domestic and international priorities. McConnell and much of his conference hope to pass bipartisan bills to fund the government and send aid to Israel, Ukraine and Taiwan to defend their democracies.... The new speaker suggested that if the Senate sends back an Israel aid bill that does not include spending cuts, he won't put it on the floor.... The bill, which the nonpartisan Congressional Budget Office says would add to the deficit, has been declared dead on arrival in the Democratic-controlled Senate." ~~~

     ~~~ Marie: The suggestion here is that Joe Biden's generosity has turned the Turtle into a fair-minded conservative. Two more miracles, Joe, and you're a candidate for sainthood.

Mike Johnson, Christianist Phony. Michael Kranish & Isaac Stanley-Becker of the Washington Post: "For more than a year, [Mike] Johnson -- the dean of [a] not-yet-opened [Christian] law school -- had been telling donors and the public that the institution, which would focus on training Christian attorneys in northwest Louisiana, was not only achievable, but inevitable. 'From a pure feasibility standpoint,' Johnson ... told the local Town Talk newspaper in 2010 after becoming dean, 'I'm not sure how this can fail because ... it looks like the perfect storm for our law school.' But he had still not actually seen a feasibility study commissioned by the parent school, Louisiana College, a private Southern Baptist college in Pineville, La., now known as Louisiana Christian University.... Six months later, in August 2012, Johnson resigned as dean of the new school, which never opened even though the college spent $5 million to buy and renovate a Shreveport headquarters.... The feasibility study was a 'hodgepodge collection of papers,' with 'nothing in existence' related to the need for the new law school, market studies, or 'funding sources and prospects,' Johnson wrote the following year, describing the episode in what he called a 'confidential memorandum' responding to questions from the Louisiana College Board of Trustees[.]" ~~~

     ~~~ Marie: Let me just say here that any legislator who thinks this is a "Christian nation" cannot uphold his oath of office because s/he doesn't understand the U.S. Constitution or the history of a country that was founded at least partially on the premise of separation of church and state.

Presidential Race 2024. Trump Cult Members Heckle GOP Presidential Candidates. Myah Ward of Politico: "A combative Chris Christie was loudly booed as soon as he took the stage and throughout his remarks at the Florida Freedom Summit in Kissimmee, as Trump maintains his dominance in the state amid a string of fresh endorsements. Before the former New Jersey governor had his time at the podium, Asa Hutchinson, the former governor of Arkansas, faced similar jeering when he evoked Trump&'s legal troubles. Even Vivek Ramaswamy was heckled -- the crowd chanting 'Trump' -- when he said the GOP needs a younger, non-traditional nominee."

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Indiana. Maria Paul of the Washington Post: "Shortly after Roe v. Wade was overturned last year, Indiana Attorney General Todd Rokita (R) accused a doctor who had helped a 10-year-old rape victim from Ohio terminate her pregnancy of being an 'abortion activist' with 'a history of failing to report' similar procedures to state officials. Those comments, which Rokita made about OB/GYN Caitlin Bernard during a July 2022 appearance on Fox News, amounted to 'attorney misconduct,' the Indiana Supreme Court ruled Thursday. According to the opinion, Rokita violated two state professional conduct rules by making a statement that 'had a substantial likelihood of materially prejudicing an adjudicative proceeding and had no substantial purpose other than to embarrass or burden the physician.' As a result, the court publicly reprimanded Rokita in a six-page decision and ordered him to pay $250 to the clerk of the court. As part of a settlement agreement between Rokita and the court's disciplinary commission, Indiana's top prosecutor had to admit to the violations." ~~~

     ~~~ Marie: Doesn't appear Rokita learned his lesson. In comments to the Post, he defended his remarks & said the court forced his "admission," which therefore is no admission at all. The court at least should fine him again.

Maine. Colby Edmonds & Nicholas Bogel-Burroughs of the New York Times: "The gunman who fled after killing 18 people and injuring 13 others at a bar and a bowling alley in Lewiston, Maine, last month was most likely alive during much of the sprawling two-day manhunt that had forced thousands of residents throughout the region to remain in their homes. The assailant, Robert R. Card II, 40, died of a self-inflicted gunshot wound eight to 12 hours before his body was found in a trailer at a recycling plant where he once worked, the Maine medical examiner's office said on Friday.... The time estimate suggests that the lockdown in and around Lewiston was justified."

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Israel/Palestine

The Washington Post's live updates of developments in the Israel/Hamas war are here: "Secretary of State Antony Blinken traveled to Ramallah on Sunday to meet with Palestinian Authority President Mahmoud Abbas, marking the highest-level visit by a U.S. official to the West Bank since Hamas's Oct. 7 attack. Blinken's previously unannounced trip came amid discussions about the future of Gaza, which has been ruled by Hamas since 2007. Blinken told a Senate hearing last month that 'an effective and revitalized' Palestinian Authority would be the best-placed entity to administer Gaza and eventually be responsible for its security. But the group has long been seen as out of touch and irrelevant by many Palestinians in the West Bank and in Gaza." ~~~

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

Lisa Lerer of the New York Times: "Barack Obama offered a complex analysis of the conflict between Israel and Gaza, telling thousands of former aides that they were all 'complicit to some degree' in the current bloodshed. He urged his former aides to 'take in the whole truth,' seemingly attempting to strike a balance between the killings on both sides. 'What Hamas did was horrific, and there's no justification for it,' Mr. Obama said. 'And what is also true is that the occupation and what's happening to Palestinians is unbearable.'"

New York Times: "... tens of thousands of demonstrators crowded the streets of American cities on Saturday to denounce the scope and scale of Israel's military campaign in Gaza in response to last month's terrorist assault by Hamas. The day's protests, within sight of the seats of American power in Washington but also in places like New York, Nashville, Cincinnati, Las Vegas and even Orono, Maine, extended and amplified demands for a cease-fire and an end to the siege in Gaza. The demonstrations came a week after vast protests in Asian and European capitals, and a day after the Israeli government appeared to rebuff the United States' call for 'humanitarian pauses' in the bombardment."

Edith Lederer of the AP: "The average Palestinian in Gaza is living on two pieces of Arabic bread made from flour the United Nations had stockpiled in the region, yet the main refrain now being heard in the street is 'Water, water,' the Gaza director for the U.N. agency for Palestinian refugees said Friday. Thomas White, who said he traveled 'the length and breadth of Gaza in the last few weeks,' described the place as a 'scene of death and destruction.' No place is safe now, he said, and people fear for their lives, their future and their ability to feed their families." (Also linked yesterday.) ~~~

     ~~~ Marie: Seems to me a rational person with no skin in the game would say, "This is not working. Bombing people to death, starving the survivors or letting them die of thirst is not going to win any hearts & minds. Maybe we should try something different, like rounding up the Hamas fighters, trying them as the terrorists we say they are, and doing all we can to make life paradise on earth for the rest of people of Gaza." Sometimes there is no choice but to go to war; given the history, this does not seem to be one of them.

Ukraine, et al., Andrew Kramer & Constant Méheut of the New York Times: "The office of President Volodymyr Zelensky on Saturday chastised Ukraine's top military commander for publicly declaring the war at a stalemate, suggesting the comments would help the Russian invasion. It was a striking public rebuke that signaled an emerging rift between the military and civilian leadership at an already challenging time for Ukraine. Speaking on national television, a deputy head of the office of the president, Ihor Zhovkva, said Gen. Valery Zaluzhny's assertion that the fight against Russia was deadlocked 'eases the work of the aggressor,' adding that the comments stirred 'panic' among Ukraine's Western allies."

The Conversation -- November 4, 2023

Edith Lederer of the AP: "The average Palestinian in Gaza is living on two pieces of Arabic bread made from flour the United Nations had stockpiled in the region, yet the main refrain now being heard in the street is 'Water, water,' the Gaza director for the U.N. agency for Palestinian refugees said Friday. Thomas White, who said he traveled 'the length and breadth of Gaza in the last few weeks,' described the place as a 'scene of death and destruction.' No place is safe now, he said, and people fear for their lives, their future and their ability to feed their families." ~~~

     ~~~ Marie: Seems to me a rational person with no skin in the game would say, "This is not working. Bombing people to death, starving the survivors or letting them die of thirst is not going to win any hearts & minds. Maybe we should try something different, like rounding up the Hamas fighters, trying them as the terrorists we say they are, and doing all we can to make life paradise on earth for the rest of people of Gaza." Sometimes there is no choice but to go to war; given the history, this does not seem to be one of them.

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Nicholas Bogel-Burroughs & Michael Shear of the New York Times: "On Friday..., [President] Biden huddled privately with the families of those killed or injured during last month's rampage that claimed the lives of 18 people at a bar and a bowling alley in [Lewiston, Maine,] about an hour north of Portland. He also met with nurses, local officials and the law enforcement officers who spent two days in a manhunt for the killer. 'Jill and I are here on behalf of the American people to grieve with you, and make sure you know that you're not alone,' Mr. Biden said after stopping by a makeshift memorial in Lewiston with his wife, Jill Biden."

Dana Milbank of the Washington Post: "Ladies and gentlemen, the People's House is back in business. In the nine days since Republicans pulled Mike Johnson from the back benches, the new speaker has presided over a second failed attempt to expel indicted Rep. George Santos (R-N.Y.), the introduction of not one but two resolutions to censure [Rep. Rashida] Tlaib [D-Mich.], and a resolution to censure Rep. Jamaal Bowman (D-N.Y.) for pulling a fire alarm during a vote. Johnson managed to turn an area of near-unanimous support into a partisan brouhaha by making funds to help Israel defend itself against Hamas contingent on a provision making it easier for the wealthy to cheat on their taxes. With just two weeks to go until the federal government runs out of funding, Johnson is floating a cockamamie 'laddered' approach that would replace the looming shutdown threat with 12 new shutdown threats." Includes a number of hilarious tweets among House GOP Bickersons.

Ryan Zinke Is Still an Idiot. Filip Timotija of the Hill: "Rep. Ryan Zinke (R-Mont.) introduced a bill Thursday that could ban Palestinians from entering the U.S. and possibly expel those who are already here. Zinke, who served as secretary of the Interior Department under former President Trump, introduced legislation called the Safeguarding Americans from Extremism Act. The legislation would require the Department of Homeland Security (DHS) to halt granting visas, asylum and refuge for people who have a Palestinian Authority-issued passport. The bill would revoke the entrance or visa for individuals who came to the U.S. after Oct. 1. 'This legislation keeps America safe,' Zinke said. 'I don't trust the Biden Administration any more than I do the Palestinian Authority to screen who is allowed to come into the United States.'... Zinke’s bill has 10 co-sponsors...." MB: Among them, the usual suspects.

Corrections

Nick Robertson of the Hill: "Speaker Mike Johnson (R-La.) appeared to get his words mixed up in one of his first fundraising emails since taking the top House job last week. Johnson capped a standard fundraising message Friday with a new turn on a familiar phrase: 'I refuse to put people over politics.'... Minority Leader Hakeem Jeffries (D-N.Y.) took an indirect shot at Johnson just after the email made the rounds online Friday afternoon. 'House Democrats will continue to put people over politics,' Jeffries said on X.... 'Why is that an issue for our Republican colleagues?" MB: Numerous reporters have written that one of Johnson's greatest challenges as speaker will be fundraising for GOP House members, inasmuch as he has not been a stellar fundraiser even for himself, and fundraising is one of the most important jobs of Houses leaders. So here again, Mike is off to an awkward start.

Rep. Jamie Raskin marked up George Santos' letter thanking him for voting not to expel him from Congress: "P.S. It's not shameful to resign-" pic.twitter.com/Mybjw7oKZM

— Andrew Solender (@AndrewSolender) November 3, 2023

     ~~~ Via the Huffington Post.

The Empire Is Back. Michael Luciano of Mediaite: While presiding over the House Friday, Rep. Nick Lalota (R-NY) "sought to recognize Rep. Teresa Leger Fernandez (D-NM).... 'For what purpose does the gentleman from --' Lalota began, before correcting himself while committing another error 'Excuse me, the gentlewoman from Mexico seek recognition?' 'From New Mexico, Mr. Speaker,' Leger Fernandez told him with a grin." MB: Various Republicans, including Miss Margie & Florida Gov. Puss N. Boots, think it would be a good idea for the U.S. to attack Mexico in order to catch drug cartel members; I guess Lalota figures that while we're invading, we might as well take control of the whole country.

The Trials of Trump, Ctd.

Devan Cole of CNN: "A federal appeals court on Friday temporarily froze the limited gag order issued against Donald Trump in the former president's election subversion criminal case in Washington, DC. In a brief order, a three-judge panel at the US DC Circuit Court of Appeals said they were pausing the gag order issued by District Judge Tanya Chutkan to give them more time to consider Trump's request to pause the order while his appeal plays out before the court. This story is breaking and will be updated." MB: Neal Katyal, appearing on MSNBC, says this is not a "win" for Trump but merely an "administrative stay," and it does not address the merits of the case. (Also linked yesterday.)

Not Ready for His Closeup, the Public Be Damned. Michael Luciano of Mediaite: "Special Counsel Jack Smith told the United States District Court for the District of Columbia that his office opposes an effort by media outlets to allow cameras in the courtroom for Donald Trump's trial.... In a filing on Friday night, the special counsel cited a longstanding rule (LCrR 53.1.1[)], which bans banning cameras of any kind from the courthouse[.]"

Jonah Bromwich & Kate Christobek of the New York Times: "Donald J. Trump's legal team on Friday repeatedly attacked a law clerk during the former president's civil fraud trial, overshadowing Eric Trump's second day on the witness stand and prompting the judge to bar the lawyers from making public statements about his private communications with his staff. The judge, Arthur F. Engoron, works closely with the clerk, Allison Greenfield, and the two often speak and pass notes on the bench. Ms. Greenfield previously worked as a trial attorney in New York City's law department, and the judge appears to rely on her expertise when considering rules of evidence and other matters. But the former president has taken issue with her involvement in the monthlong trial -- Ms. Greenfield is a Democrat and Mr. Trump believes she is biased against him -- and his lawyers have complained about her regularly. On Friday, one of Mr. Trump's lawyers, Christopher M. Kise, continued those objections, saying that the communications between the judge and clerk had created a 'perception of bias.' After court had ended for the day, Justice Engoron issued a written order prohibiting the lawyers from making public statements, in or out of court, about his private communications with Ms. Greenfield, including their conversations and notes." (Also linked yesterday.)

     ~~~ Rebecca Shabad of NBC News: "The judge presiding over Donald Trump's $250 million civil fraud trial on Friday imposed a partial gag order on members of the former president's legal team after he said they made 'on the record, repeated, inappropriate remarks' about his principal law clerk. Judge Arthur Engoron's order said that Christopher Kise, Clifford Robert and Alina Habba, lawyers for the former president and his adult sons, 'are prohibited from making any public statements, in or out of court, that refer to any confidential communications, in any form, between my staff and me.'... He said in his order that the three lawyers made remarks about his clerk, 'falsely accusing her of bias against them and of improperly influencing the ongoing bench trial.'... He also stated that since the beginning of the bench trial, his chambers have been 'inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters and packages.'" (Also linked yesterday.)

Marie: NYT reporter Susanne Craig appeared on MSNBC Friday and outlined the defenses the Trump boys have made over the past few days. (1) They didn't know anything about appraisals, as executives at their level did not delve into such minor matters. (2) They relied on professional accountants and lawyers to determine the appraised values of Trump properties; that is, they had nothing to do with making the appraisals. (3) Even if they did have input into the appraisals (as the prosecution demonstrated), the appraisals were far too low; the Trump properties were worth more than the stated appraised valuations. If you find these arguments contraditory, that's because they are. Besides being self-contradictory, evidence presented in court and previously presented to the judge also contradicts the boys' claims.

If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell. -- Carl Sandburg

Donald Trump seems to have modified Sandburg's old saw: If the law and the facts are against you, attack the courts, the prosecutors and the witnesses often and in all-caps. -- Marie Burns

Larry Neumeister of the AP: “A New York federal judge cited ... Donald Trump's 'repeated public statements' Friday among reasons why a jury will be anonymous when it considers damages stemming from a defamation lawsuit by a writer who says Trump sexually abused her in the 1990s. Judge Lewis A. Kaplan issued an order establishing that the jury to be chosen for the January trial in Manhattan will be transported by the U.S. Marshals Service." The New York Times story is here.

Kyle Cheney of Politico: "A California judge made a 'preliminary finding' Thursday that attorney John Eastman breached professional ethics when he aided Donald Trump's bid to overturn the 2020 election, a significant milestone in the lengthy proceedings over whether Eastman should lose his license to practice law. Eastman said Thursday that the extensive disbarment proceedings -- which delved deeply into his allegations of election fraud and irregularities, as well as his fringe theories about the vice president's power to unilaterally choose the winner of the presidential election -- had strengthened his belief that the 2020 election was tainted. Now, state bar officials are preparing to present 'aggravation' evidence aimed at justifying their call to strip Eastman, a veteran conservative attorney who once clerked for Supreme Court Justice Clarence Thomas, of his law license." (Also linked yesterday.) ~~~

     ~~~ Marie: Andrew Weissmann, appearing on MSNBC, said that while no one was looking, what the Eastman case laid out was a version of the federal case against Donald Trump. All John Eastman had to do was demonstrate that he had a good-faith reason to believe that the 2020 presidential election results were fraudulent. This, Weissmann, said was a very low bar. And the judge has "preliminarily determined" that Eastman could not reach it.

Trump Won, I'm Innocent! Amy Gardner & Holly Bailey of the Washington Post: "... a novel defense has been emerging from two of Trump's remaining 14 co-defendants in Georgia, where prosecutors allege there was a vast conspiracy to steal the 2020 election through a pressure campaign.... The argument? The 2020 election really was stolen. Lawyers for one of those defendants, Harrison Floyd, appeared in court Friday morning to argue that their client is entitled to thousands of pages of election records from Fulton County and the Georgia secretary of state.... To [make that case], Floyd's lawyers argued, they must be allowed access to some of the same material for which election conspiracy theorists have been clamoring for years: cast-vote records from voting machines, ballot reports, every envelope received with absentee ballots, every absentee ballot application and much more.... On Friday, [Judge Scott] McAfee appeared torn between the rights of defendants facing potential prison sentences to compel the production of evidence that could prove innocence and the burden that such production could generate -- not just on government agencies but on the private citizens whose personal information could be revealed.And lawyers for another co-defendant in the Georgia case, Robert Cheeley, also signaled in a recent filing that litigating claims about Georgia's 2020 presidential election is likely to be key to his defense."

Ha! Rebecca Beitsch of the Hill: "The publisher of Mark Meadows’s book is suing the former White House chief of staff, arguing in court filings Friday morning that he violated an agreement with All Seasons Press by including false statements about former President Trump's claims surrounding the 2020 election. 'Meadows, the former White House Chief of Staff under President Donald J. Trump, promised and represented that "all statements contained in the Work are true and based on reasonable research for accuracy" and that he "has not made any misrepresentations to the Publisher about the Work,"' the publishing company writes in its suit, filed in court in Sarasota County, Fla.... The suit comes after ABC News reported that Meadows received immunity to testify before a grand jury convened to hear evidence from special counsel Jack Smith, reportedly contradicting statements he made in his book." MB: So he lied in the book, then he lied about lying in the book. I'm not sure how great a witness Meadows will be. Seems a bit impeachable.

Ryan Reilly of NBC News: "A former Donald Trump political appointee at the State Department who tried to storm the Capitol and assaulted law enforcement officers on Jan. 6 was sentenced to 70 months in prison on Friday. Federico Klein was arrested in March 2021 and convicted of eight felonies as well as misdemeanor offenses by U.S. District Court Judge Trevor McFadden, also a Trump appointee, in July 2023 following a bench trial.... Klein was represented by attorney Stanley Woodward, who represents several Trump aides who have been caught up in federal investigations surrounding the former president." (Also linked yesterday.)

In a post faulting New York Times reporters for failing to account for the way Donald Trump politicized his administration while in office, Marcy Wheeler outlines some of the instances where Trump and his minions tried to exact or succeeded in exacting revenge against Trump's perceived "enemies." Favorite visual evocation: [Bill] "Barr didn't just pressure John Durham to prosecute high-level people: He skipped, hand-in-hand, with Durham as they used Russian intelligence to fabricate an attack on Hillary Clinton...." I'm seeing Tweedledee & Tweedledum skipping merrily, merrily, merrily around Europe in search of a conspiracy. Thanks to RAS for the link. (Also linked yesterday.)

Presidential Race 2024

Marie: I meant to raise this yesterday, but forgot. It's an important reminder of what a truly dangerous person Trump is: ~~~

~~~ Alexandra Hutzler of ABC News: "In 'Tired of Winning: Donald Trump and the End of the Grand Old Party,' excerpts of which were first released in The Atlantic on Thursday, [ABC News' Jonathan] Karl reports that Trump's campaign message has its apparent roots in an old Confederate code.... At the annual Conservative Political Action Conference (CPAC) in early March 2023..., [Trump declared,] 'In 2016, I declared "I am your voice." Today I add: "I am your warrior. I am your justice, and for those who have been wronged and betrayed, I am your retribution,'" Trump said at the time, roughly a month after his first indictment. It was a language his longtime adviser Steve Bannon told Karl was his 'Come Retribution' speech, according to the excerpts in The Atlantic.... 'What I didn't realize was that "Come Retribution," according to some Civil War historians, served as the code words for the Confederate Secret Service's plot to take hostage -- and eventually assassinate -- President Abraham Lincoln,' Karl writes.... Later that month, on March 25, Trump held the first rally of his 2024 campaign in Waco, Texas.... 'We're the Trump Davidians,' Bannon told him 'with a laugh,' according to the excerpts." ~~~

     ~~~ The excerpt of Karl's book in the Atlantic is here; it is firewalled. Here's Karl discussing the story on MSNBC: ~~~

Patrick Marley & Yvonne Sanchez of the Washington Post: "A Colorado judge is weighing whether Donald Trump incited an insurrection and is barred from running for president again. During a hearing this week, she has heard about 19th-century constitutional debates, how and when the National Guard is deployed, free speech rights and jokes cracked by Trump advisers about the Jan. 6, 2021, attack on the U.S. Capitol.... Denver District Judge Sarah B. Wallace is expected to rule this month, as cases in other states move along briskly. On Monday, Trump filed a lawsuit in Michigan after a judge declined to let him intervene in a case seeking to prevent him from appearing on the ballot there. On Wednesday, a federal judge threw out a challenge in New Hampshire. And on Thursday, the Minnesota Supreme Court heard arguments over his ability to run there." ~~~

     ~~~ Marie: When you think about it, the Fourteenth Amendment restriction on candidates for office is more vital to democracy than other Constitutional requirements for the presidency. If a candidate was otherwise qualified to be president but was 33 years old or was born in Canada, s/he would not be a threat to nation. But someone who has "engaged in insurrection" is an obvious threat, inasmuch as he has already posed a threat.

Lawrence Hurley of NBC News: "The Supreme Court on Friday stepped into a new gun rights battle by agreeing to weigh whether a Trump-era ban on so-called bump stocks, which allow semi-automatic rifles to fire more quickly, is lawful. The justices were asked by both the Biden administration and gun rights activists to take up the issue, with lower courts reaching differing conclusions on it."

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Lisa Lerer & Shane Goldmacher of the New York Times: "Abortion has emerged as a defining fault line of this year's elections, with consequential contests in several states on Tuesday offering fresh tests of the issue's political potency nearly 18 months after the Supreme Court ended a federal right to an abortion.... The issue is ... on the ballot, both explicitly and implicitly, in races across the country."

New York Congressional Race 2024. Clare Foran & Aaron Pellish of CNN: "Indicted Rep. George Santos says he plans to run for his seat in 2024 even if he's expelled from Congress and insisted that fabricating large parts of his life story would not have any impact on voters next year. In a wide-ranging interview with CNN's Manu Raju on Friday, Santos, a New York Republican, argued that his constituents didn't vote for him based on his biography and said he would 'absolutely' run in 2024 if he is expelled -- something that could happen as soon as this month if the House Ethics committee recommends the chamber take such a dramatic step. Santos, who is under investigation by the Ethics Committee, has pleaded not guilty to 23 federal charges...."

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Israel/Palestine

The New York Times' live updates of developments Saturday in the Israel/Hamas war are here. CNN's live updates are here: "US Secretary of State Antony Blinken is meeting key Middle Eastern powers today, including Lebanon's caretaker Prime Minister Najib Mikati, at a summit in Jordan.... Israel admitted responsibility for an attack outside a Gaza hospital Friday that witnesses say killed and wounded dozens, with videos showing people bloodied and strewn across the ground. Israel said it targeted an ambulance being used by Hamas. The Hamas-controlled healt ministry in Gaza has rejected the assertion. UN Secretary-General Antonio Guterres said he was 'horrified' by the ambulance strike, reiterating his calls for a ceasefire and condemnation of Hamas while saying the bombardment of Gaza 'must stop.'"

Times of Israel: "In a brief televised statement before the start of Shabbat, Prime Minister Benjamin Netanyahu says he has told visiting US Secretary of State Antony Blinken that he rejects any temporary halt to the fight against Hamas that does not include 'the release of our hostages.['] He also says Israel 'will not enable the entry of fuel to Gaza.'" (Also linked yesterday.) ~~~

     ~~~ Michael Birnbaum & Karen DeYoung of the Washington Post: "Israeli Prime Minister Benjamin Netanyahu on Friday appeared to reject a push by Secretary of State Antony Blinken for a pause in his country's assault on Gaza, saying he would relent only after Hamas frees all of its hostages. The unusually public split between the top U.S. diplomat and Israel's leader came after a day of tense meetings in Tel Aviv, with Blinken and his deputies pushing Israeli officials to be mindful of the rising civilian toll from their effort to expunge the militant group responsible for last month's brutal cross-border attack.... Although the terms have varied in recent weeks, Hamas has indicated most recently that it would release all civilian hostages in exchange for a five-day pause, according to diplomats familiar with the discussions...."

Annals of Journalism? Ctd. Katie Robertson of the New York Times: "Jazmine Hughes, an award-winning New York Times Magazine staff writer, resigned from the publication on Friday after she violated the newsroom's policies by signing a letter that voiced support for Palestinians and protested Israel's siege in Gaza. Jake Silverstein, the editor of The New York Times Magazine, announced Ms. Hughes's resignation in an email to staff members on Friday evening. 'While I respect that she has strong convictions, this was a clear violation of The Times's policy on public protest,' Mr. Silverstein wrote. 'This policy, which I fully support, is an important part of our commitment to independence.'"

The Conversation -- November 3, 2023

Devan Cole of CNN: "A federal appeals court on Friday temporarily froze the limited gag order issued against Donald Trump in the former president's election subversion criminal case in Washington, DC. In a brief order, a three-judge panel at the US DC Circuit Court of Appeals said they were pausing the gag order issued by District Judge Tanya Chutkan to give them more time to consider Trump's request to pause the order while his appeal plays out before the court. This story is breaking and will be updated." MB: Neal Katyal, appearing on MSNBC, says this is not a "win" for Trump but merely an "administrative stay," and it does not address the merits of the case.

The Trump Org fraud case has adjourned for the day. Here is the New York Times' liveblog of developments. And here is CNN's liveblog. The law clerk-bashing thread seems to have won the day. ~~~

     ~~~ Update. Jonah Bromwich & Kate Christobek of the New York Times: "Donald J. Trump's legal team on Friday repeatedly attacked a law clerk during the former president's civil fraud trial, overshadowing Eric Trump's second day on the witness stand and prompting the judge to bar the lawyers from making public statements about his private communications with his staff. The judge, Arthur F. Engoron, works closely with the clerk, Allison Greenfield, and the two often speak and pass notes on the bench. Ms. Greenfield previously worked as a trial attorney in New York City's law department, and the judge appears to rely on her expertise when considering rules of evidence and other matters. But the former president has taken issue with her involvement in the monthlong trial -- Ms. Greenfield is a Democrat and Mr. Trump believes she is biased against him -- and his lawyers have complained about her regularly. On Friday, one of Mr. Trump's lawyers, Christopher M. Kise, continued those objections, saying that the communications between the judge and clerk had created a 'perception of bias.' After court had ended for the day, Justice Engoron issued a written order prohibiting the lawyers from making public statements, in or out of court, about his private communications with Ms. Greenfield, including their conversations and notes."

     ~~~ Rebecca Shabad of NBC News: "The judge presiding over Donald Trump's $250 million civil fraud trial on Friday imposed a partial gag order on members of the former president's legal team after he said they made 'on the record, repeated, inappropriate remarks' about his principal law clerk. Judge Arthur Engoron's order said that Christopher Kise, Clifford Robert and Alina Habba, lawyers for the former president and his adult sons, 'are prohibited from making any public statements, in or out of court, that refer to any confidential communications, in any form, between my staff and me.'... He said in his order that the three lawyers made remarks about his clerk, 'falsely accusing her of bias against them and of improperly influencing the ongoing bench trial.'... He also stated that since the beginning of the bench trial, his chambers have been 'inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters and packages.'"

Marie: NYT reporter Susanne Craig appeared on MSNBC Friday and outlined the defenses the Trump boys have made over the past few days. (1) They didn't know anything about appraisals, as executives at their level did not delve into such minor matters. (2) They relied on professional accountants and lawyers to determine the appraised values of Trump properties; that is, they had nothing to do with making the appraisals. (3) Even if they did have input into the appraisals (as the prosecution demonstrated), the appraisals were far too low; the Trump properties were worth more than the stated appraised valuations. If you find these arguments contradictory, they are. Besides being self-contradictory, evidence presented in court and previously presented to the judge also contradicts the boys' contentions.

If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell. -- Carl Sandburg

Donald Trump seems to have modified Sandburg's old saw: If the law and the facts are against you, attack the courts, the prosecutors and the witnesses often and in all-caps. -- Marie Burns

Kyle Cheney of Politico: "A California judge made a 'preliminary finding' Thursday that attorney John Eastman breached professional ethics when he aided Donald Trump's bid to overturn the 2020 election, a significant milestone in the lengthy proceedings over whether Eastman should lose his license to practice law. Eastman said Thursday that the extensive disbarment proceedings -- which delved deeply into his allegations of election fraud and irregularities, as well as his fringe theories about the vice president's power to unilaterally choose the winner of the presidential election -- had strengthened his belief that the 2020 election was tainted. Now, state bar officials are preparing to present 'aggravation' evidence aimed at justifying their call to strip Eastman, a veteran conservative attorney who once clerked for Supreme Court Justice Clarence Thomas, of his law license." ~~~

     ~~~ Marie: Andrew Weissmann, appearing on MSNBC, said that while no one was looking, what the Eastman case laid out was a version of the federal case against Donald Trump. All John Eastman had to do was demonstrate that he had a good-faith reason to believe that the 2020 presidential election results were fraudulent. This, Weissmann, said was a very low bar. And the judge has "preliminarily determined" that Eastman could not reach it.

Ryan Reilly of NBC News: "A former Donald Trump political appointee at the State Department who tried to storm the Capitol and assaulted law enforcement officers on Jan. 6 was sentenced to 70 months in prison on Friday. Federico Klein was arrested in March 2021 and convicted of eight felonies as well as misdemeanor offenses by U.S. District Court Judge Trevor McFadden, also a Trump appointee, in July 2023 following a bench trial.... Klein was represented by attorney Stanley Woodward, who represents several Trump aides who have been caught up in federal investigations surrounding the former president."

In a post faulting New York Times reporters for failing to account for the way Donald Trump politicized his administration while in office, Marcy Wheeler outlines some of the instances where Trump and his minions tried to exact or succeeded in exacting revenge against Trump's perceived "enemies." Favorite visual evocation: [Bill] "Barr didn't just pressure John Durham to prosecute high-level people: He skipped, hand-in-hand, with Durham as they used Russian intelligence to fabricate an attack on Hillary Clinton...." I'm seeing Tweedledee & Tweedledum skipping merrily, merrily, merrily around Europe in search of a conspiracy. Thanks to RAS for the link.

Times of Israel: "In a brief televised statement before the start of Shabbat, Prime Minister Benjamin Netanyahu says he has told visiting US Secretary of State Antony Blinken that he rejects any temporary halt to the fight against Hamas that does not include 'the release of our hostages.['] He also says Israel 'will not enable the entry of fuel to Gaza.'"

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Dan Lamothe of the Washington Post: "The Senate on Thursday confirmed three more senior military officers in its latest move to bypass an expansive blockade on President Biden's nominees imposed by Sen. Tommy Tuberville (R-Ala.) in a bid to gain leverage in a fight over the Pentagon's travel policy for troops seeking abortions. Approved by lopsided margins were Adm. Lisa Franchetti, Biden's choice to lead the Navy, who will become the first woman on the Joint Chiefs of Staff; Gen. David W. Allvin, nominated to lead the Air Force; and Lt. Gen. Christopher J. Mahoney, who will be promoted to four-star general, become the Marine Corps's No. 2 officer and step in as the caretaker commandant in the absence of Gen. Eric Smith, who suffered apparent cardiac arrest on Sunday. Smith, 58, was in stable condition on Wednesday evening with an unclear long-term prognosis. Deputy Defense Secretary Kathleen Hicks, the Pentagon's No. 2 political appointee, appeared to link the hold on Thursday directly to Smith's condition[:] 'We have seen tragic effects of that stress, but we've also seen stress at the individual human level. And I think that's been well-communicated on Capitol Hill.'" (Also linked yesterday.)&

Jacob Bogage & Abigail Hauslohner of the Washington Post: "The Republican-controlled House on Thursday approved legislation to send roughly $14 billion in emergency aid to Israel and cut about the same amount from the Internal Revenue Service, in a deeply divided vote on a measure that Senate leaders say they won't take up and President Biden has already threatened to veto.... New House Speaker Mike Johnson (R-La.) chose to split the Israel funding off from the rest of the aid and declared the House would cut the budget to pay for the spending to keep the federal deficit from growing. But the cuts to the IRS would actually cost taxpayers money, meaning the aid for Israel would add to the deficit even more than just borrowing the $14 billion Biden wants to send, according to a nonpartisan analysis by the Congressional Budget Office." (Also linked yesterday.)

The Trials of Trump, Ctd.

Jonah Bromwich & Ben Protess of the New York Times: "Eric and Donald J. Trump Jr. ... stepped out of their father's shadow and into a legal minefield on Thursday, tiptoeing around potentially damaging evidence as they testified in a trial that threatens their family business. Donald Trump Jr. was mostly calm but often evasive as he blamed outside accountants for any errors in company financial statements during nearly two hours on the stand.... His younger brother, Eric, who now runs the Trump Organization, was more precise in his answers but more combative in his tone. He acknowledged his central role within the company but denied direct involvement with the documents. At one point, Eric Trump erupted in anger at questioning from a lawyer with the New York attorney general's office about whether he was aware of the financial statements in question....

"Toward the end of the day, [state prosecutor Andrew] Amer also drilled down on the value of the family's golf club in Westchester County, N.Y., seeking to show that Eric Trump had ignored an independent appraisal when advising an employee on how much the property was worth. Mr. Trump disputed that he paid much attention to appraisals, despite Mr. Amer's showing several emails in which he had corresponded with an appraiser about appraisals. The testimony was combative throughout, a stark contrast from his brother, who appeared to take his stint on the stand in stride. At one point, Donald Trump Jr. told a courtroom sketch artist to 'make me look sexy,' the artist told reporters." (Also linked yesterday.) The AP's story is here. ~~~

     ~~~ Charlie Nash of Mediaite: "Judge Arthur Engoron accused former President Donald Trump's lawyer Chris Kise of misogyny and warned him not to refer to [the] court clerk again during a tense exchange on Thursday.... Engoron snapped at Kise for repeatedly referring to Engoron's principal law clerk Allison Greenfield as a 'female principal law clerk.'... [This] reportedly prompted Kise to 'adamantly' deny he was a misogynist.... Engoron then reportedly warned Kise, 'All joking aside, do not refer to my staff again.... The person sitting along side me is a civil servant, doing what I ask her to do.' Engoron also reportedly threatened to expand Trump's gag order to Kise and other Trump lawyers if they continued to refer to court staffers." (Also linked yesterday.) ~~~

~~~ Jeremy Herb of CNN: "A higher court on Thursday denied Ivanka Trump's request to postpone her upcoming testimony in her father's civil fraud trial, shortly after she claimed she'd suffer 'undue hardship' if forced to appear during a school week.... With the appeal, Trump sought to block New York Judge Arthur Engoron's previous order for her to testify until an appeal could be heard by the New York appellate court." MB: IOW, a person who was previously happy to globetrot any day of the week ending in "y," cannot appear in court during the school year lest her children, who -- unlike most children, certainly have a nanny -- would suffer too much. In future, all court cases in which any participant is a mother with young children must be held during the summer months. How odd the appeals court denied Ivanka's plea. Sorry she has to suffer so much. ~~~

~~~ Stephen Collinson of CNN: "... even before Donald Jr. and Eric had wrapped up an unconvincing day of testimony in a New York civil fraud trial, their father erupted. 'So sad to see my sons being PERSECUTED in a political Witch Hunt by this out of control, publicity seeking, New York State Judge, on a case that should have NEVER been brought,' ... Donald Trump posted on his Truth Social. 'Legal Scholars Scream Disgrace!'"

Spencer Hsu of the Washington Post: "A federal judge has scheduled jury selection to begin Feb. 9 in ... Donald Trump's Washington, D.C., trial on charges of seeking to subvert the results of the 2020 election. U.S. District Judge Tanya S. Chutkan set the date for hundreds of District residents to be summoned to the federal courthouse to complete a written questionnaire about the case."

Alan Feuer of the New York Times: "Lawyers for ... Donald J. Trump filed an emergency request to a federal appeals court on Thursday seeking to lift the gag order imposed on him in the criminal case in which he stands accused of trying to overturn the 2020 election. The lawyers asked the appeals court to keep the pause of the order in place until it reaches a final decision on whether the order should have been issued in the first place.... Mr. Trump's lawyers, by contrast, have sought, without evidence, to portray the gag order as an attempt by President Biden to 'silence' his chief opponent in 2024 election as the campaign heats up. The former president's lawyers have argued that the order undermines Mr. Trump's First Amendment rights to freely express his belief that the election interference prosecution is, in fact, political persecution -- despite the fact that Judge [Tanya] Chutkan has expressly allowed him to criticize the case, Mr. Biden and his administration." ~~~

     ~~~ Marie: IOW, according to Trump, an alleged criminal out on bail cannot run for elective office without, say, threatening the children of court staff or recommending the death penalty for potential witnesses. ~~~

~~~ Brett Samuels of the Hill: "Former President Trump on Thursday referred to those jailed over their actions during the Jan. 6, 2021, riot at the Capitol as 'hostages' during a rally with supporters in Texas.... [To conclude the rally,] a song in which Trump collaborated with a chorus of inmates detained on charges related to the Jan. 6 insurrection began to play, and the former president stood saluting."

Don't Be a Silly Girl, Judge Aileen. Katelyn Polantz of CNN: "Prosecutors with special counsel Jack Smith's office have accused ... Donald Trump's legal team of seeking to manipulate the courts in their bid to delay his trials past the 2024 presidential election. Fresh off a Florida hearing where Trump appeared to gain traction in his effort to delay one of his criminal trials, his attorneys asked Wednesday night for a second trial he faces next year in Washington, DC, to be put on hold. But Trump's emboldened attempts to delay facing federal juries -- on his national security records mishandling and 2020 election cases -- while he is running for president were quickly called out by prosecutors who accuse him of manipulating the courts. 'Defendant Trump's actions in the hours following the hearing ... confirm his overriding interest in delaying both trials at any cost. This Court should [not] allow itself to be manipulated in this fashion,' the Justice Department said in a court filing Thursday with Judge Aileen Cannon in Ft. Pierce, Florida." MB: Reminds me of a father urging his impressionable daughter not to let the football captain turn her head.

Eli Tan & Tory Newmyer of the Washington Post: "A jury on Thursday convicted FTX co-founder Sam Bankman-Fried of fraud, conspiracy and money laundering, the culmination of a month-long trial that saw the former crypto mogul take the stand in his own defense after his inner circle of friends-turned-deputies provided damning testimony against him. The decision was reached after a few hours of deliberation by a jury of nine women and three men, who found Bankman-Fried guilty of two counts of wire fraud, four counts of conspiracy to commit fraud and one count of conspiracy to commit money laundering. The conviction cements Bankman-Fried as one of the largest financial fraudsters in history, whose victims suffered nearly $10 billion in losses after FTX misappropriated customer funds to spend lavishly on luxury real estate, investments, and 'dark money' political donations, all at his direction, the jury found." (Also linked yesterday.) CNN's report is here.

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New York. William Rashbaum , et al., of the New York Times: "Federal prosecutors and the F.B.I. are conducting a broad public corruption investigation into whether Mayor Eric Adams's 2021 election campaign conspired with the Turkish government to receive illegal foreign donations, according to a search warrant obtained by The New York Times. The investigation burst into public view on Thursday when federal agents conducted an early-morning raid at the Brooklyn home of the mayor's chief fund-raiser, Brianna Suggs. Investigators also sought to learn more about the potential involvement of a Brooklyn construction company with ties to Turkey, as well as a small university in Washington, D.C., that also has ties to the country and to Mr. Adams. According to the search warrant, investigators were also focused on whether the mayor's campaign kicked back benefits to the construction company's officials and employees, and to Turkish officials."

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Israel/Palestine

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

Kevin Liptak, et al., of CNN: "President Joe Biden and his top advisers are warning Israel with growing force that it will become increasingly difficult for it to pursue its military goals in Gaza as global outcry intensifies about the scale of humanitarian suffering there. Biden, Defense Secretary Lloyd Austin and Secretary of State Antony Blinken -- who departed Thursday for Israel with a message on protecting civilian lives -- have all explicitly pressed the case in recent private conversations with the Israelis, telling them that eroding support will have dire strategic consequences for Israel Defense Forces operations against Hamas. Behind the scenes, American officials also believe there is limited time for Israel to try to accomplih its stated objective of taking out Hamas in its current operation before uproar over the humanitarian suffering and civilian casualties -- and calls for a ceasefire -- reaches a tipping point."

Zoe Richards of NBC News: "President Joe Biden said Wednesday that a 'pause' was needed in the Israel-Hamas war.... 'I think we need a pause, Biden said in response to a question from a protester who interrupted him at a campaign reception in Minnesota. Asked to clarify what a pause meant, he said: 'A pause means give time to get the prisoners out....' Negotiations to free 239 hostages, including children and the elderly, have continued since Hamas' Oct. 7 terrorist attack killed about 1,400 people in Israel. After Hamas breached Israel's border wall, other groups from Gaza seized additional captives. The protester, who identified herself as Rabbi Jessica Rosenberg, said she wanted Biden to call for a cease-fire." (Also linked yesterday.)

Michael Shear of the New York Times: "Secretary of State Antony J. Blinken will urge the Israeli government to agree to a series of brief cessations of military operations in Gaza to allow for hostages to be released safely and for humanitarian aid to be distributed, White House officials said on Thursday. The message comes as President Biden revealed on Wednesday that Prime Minister Benjamin Netanyahu of Israel had previously agreed to halt shelling briefly on Oct. 20 to allow for the release of two Americans, Judith Raanan, 59, and her daughter, Natalie Raanan, 17. The push for what American officials call 'humanitarian pauses' is one of several subjects Mr. Blinken will raise with Mr. Netanyahu and other officials when he arrives in Israel on Friday for another round of diplomacy..." (Also linked yesterday.)

News Lede

CNBC: "The U.S. economy saw job creation decelerate in October, confirming persistent expectations for a slowdown and possibly taking some heat off the Federal Reserve in its fight against inflation. Nonfarm payrolls increased by 150,000 for the month, the Labor Department reported Friday, against the Dow Jones consensus forecast for a rise of 170,000. The United Auto Workers strikes were primarily responsible for the gap as the impasse meant a net loss of jobs for the manufacturing industry."