Wednesday, April 17, 2024

Something to Know - 17 April

There is an over abundance of stuff to read, watch, and comment about.   I saved one of the more interesting from yesterday's readings in case something today came about.   Well a lot of interesting commentary came about, and some were better than others, but this one from Status Kuo is worth it.   It stands out because it points out that The Trumpo is disintegrating in a New York courtroom.  Other accounts remarked on his dozing and lack of interest coupled with bursts of howling like a wounded jackal.   The requirement that he is going to spend 4-days a week nailed to a chair is going to really affect him.   His hairdo's gaudy coif is a bit shabby (a lack of attention to hair coloring and general grooming), and a host of other problems.   However this commentary points out that Trump is out there all by himself  (no family member, no spouse, no friend, nobody).   It says a lot about this guy.   How is he going to survive week, after week, and courtroom after courtroom?

The Status Kuo statuskuo@substack.com 
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Apr 16, 2024, 8:30 AM (1 day ago)
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It's a historic week with Trump facing the first of his criminal trials. I'll be here to help make sense of it all and put things in perspective. Thanks for being a reader, and thanks even more to those who have supported my work with paid subscriptions. You make this newsletter possible!


Don Snoreleone

Trump appeared much diminished in his first day of trial, and even appeared to nod off. Sad!

APR 16
 
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Donald Trump at his Manhattan trial, photo courtesy of The Washington Post

For a man for whom image is everything, Monday was a pretty terrible day for Donald Trump.

Trump portrays himself as invincible, uncowed and vibrant in the face of four daunting criminal indictments. But that didn't go so well on the first day of his criminal trial in Manhattan, as Trump sat glowering at the defense table, the first ex-president in history to face criminal charges. 

He appeared worn and grumpy. As Maggie Haberman of the New York Times reported

Trump has used the previous court appearances in other cases to project an image of grandeur. That is hard to do in this dingy courtroom, which smells slightly off and where he is an island amid a sea of people.

Trump, who regularly hobnobs with the billionaire set, was indeed now among the masses, which included 100 or so potential jurors, half of whom were excused immediately after raising their hands, indicating that they could not be impartial in this case.

And who can blame them?

The day's events, and the stark symbolism of the proceedings, are worth delving into, not only for their schadenfreudic value, but also because should things continue in this way, Trump will be much diminished in the eyes of the voting public.

Mr. Vulnerable

It was one thing for Trump to voluntarily attend his New York civil fraud trial, acting menacing and scowling at Judge Arthur Engoron, who ultimately delivered a stunning $464 million judgment. It's entirely another for Trump to be stuck for weeks in the same room as a jury of his "peers"—in this case a random set of Manhattanites with potential jurors that now apparently include a bookseller, an oncology nurse, an assistant Bronx County DA, and a woman who works at a sports betting site.

Indeed, Trump was ordered by Judge Juan Merchan, a New York state court judge, to appear in person for his trial four days a week, Wednesdays excluded, or face arrest.

That's right. The ex-president had less power over his whereabouts than a Manhattan judge born in Colombia. It's an important reminder of how things are supposed to work.

Beyond the humiliation of being required by a "lower" official to appear, Trump is also under a gag order by the same judge. He has already violated that order, of course, as part of Trump's habit of testing the limits of judicial power and patience. For these early violations, Trump is facing a hearing next Wednesday and $1,000 in sanctions for each infraction.

These are small and symbolic punishments that will likely grow should Trump continue to violate the gag order. But they represent something far bigger: the power of the judicial system to hold Trump to account however it sees fit. Merchan is in the unenviable position of having to do this without allowing Trump to turn the whole trial into a circus over his "free speech rights," so it's good in a way that he set the hearing for next week. The message? He will deal with Trump's violations when he wishes to deal with them, and no sooner.

There is also the sad spectacle of a man like Trump alone. Where are his loved ones? Who is there for any moral support at all? As legal commentator Joyce Vance tweeted,

I have rarely seen a defendant facing trial alone with no family, at least one person, in the courtroom for him. It's a sad commentary for a former president with four grown children & a wife, all of whom seem to have deserted him in the moment.

Trump once boasted, "I alone can fix it," telling his supporters that they didn't need anyone but their king on their side. Now that illusion is broken, and that king sits alone but unable to fix anything, not even his make-up. He seems less royalty than common man, perhaps lower still in some ways. After all, even the most common criminal can usually turn around from the defense table and see a sympathetic or supportive face. 

Instead, Trump is surrounded by his perceived enemies. Here's the telling Press Pool report as the first day of Trump's first trial wound down:

After the jurors leave the courtroom, [Trump] stares over at DA Alvin Bragg. Then Trump turns his eyes to the press pool. As he exits, he glares at New York Times reporter Maggie Haberman for several seconds as he walks out.

Mr. Whiny

Trump's main complaint throughout this case is built on a lie. He has consistently claimed, without evidence, that Joe Biden is behind the state charges. This is nonsensical, but in Trump's narrative, Manhattan District Attorney Alvin Bragg brought an indictment against him not for covering up his illegal influencing of the 2016 election, but rather on orders from the White House to tip the election in 2024.

In Trump's warped world, but for his having to be in New York four days a week, he could be out campaigning in the swing states. "Election interference!" Trump rails nearly daily. 

But a four-day trial week still leaves three days open for campaign appearances. It's not as if Joe Biden doesn't also have non-election related events to attend to, including trying to stop hostilities between Israel and Iran from escalating into an open, regional war. Both candidates have their day jobs. Trump's for the next eight weeks happens to be to sit as a criminal defendant in court.

As for "election interference," it's not clear what the court case interferes with. Trump has made relatively few campaign stops over the past weeks, even before the trial began. By the end of March, Trump had held only two campaign events after becoming the presumptive GOP nominee. Meanwhile, in that same period, Joe Biden made some 18 appearances in eight swing states. 

What is Trump doing instead? To no one's surprise, he still spends most of his time golfing at Mar-a-Lago, and even awarding himself with first place prizes in his own golf tournaments. He seems unwilling to devote much time to actual campaigning—a fact that the Biden Campaign poked direct fun at in a video.

On Monday, when Trump finally emerged from the courthouse, he repeated his complaints about "election interference" and added how he wouldn't even be allowed to attend the upcoming Supreme Court hearing or his son Barron's graduation.

Judge Merchan pointed out that, unlike in his court, attendance at the Supreme Court was optional. "Your client," he said, speaking to Trump's attorney directly, "is a criminal defendant in New York. He is required to be here. He is not required to be in the Supreme Court. I will see him here next week."

Trump in fact had skipped out of the SCOTUS hearing on his qualification to remain on the Colorado ballot, so it's not as if he's really all that interested in such events, however momentous. And Judge Merchan actually never denied Trump the right to attend his son Barron's high school graduation ceremony in May. He said only that he would consider it.

That didn't stop Trumpy politicos from overplaying the "Donald as victim" card. Senate candidate Kari Lake (Q-Pluto), who would swear her fealty to Trump on a stack of $60 U.S.A. Bibles if she could, took home first place for over-the-top sycophancy in this tweet:

I am heartbroken for President Trump & Barron. 

All the hard work our kids put into graduating, & President Trump is being robbed of getting to experience his son's High School graduation ceremony. 

This corrupt judge is heartless & cruel.

This might have carried greater weight had Trump ever attended the graduations of any of his other children, Don Jr., Ivanka, Eric and Tiffany—the very ones who aren't there in court to attend Trump's own matriculation into felonyhood. 

Mr. Sleepy Don

And as he sat stony-faced at trial, Donald Trump, who has mocked Biden as "Sleepy Joe," visibly dozed off, according to Haberman, his head falling to his chest, his mouth gone slack. When his attorney passed him a note, he did not take it, likely because he was asleep and unaware. (Trump of course denies that he did.)

Preet Bharara, whom Trump had fired as the U.S. Attorney for the Southern District of New York, had this to say:

I've never heard of a defendant falling asleep at his own trial, let alone on the first day

The memes naturally flew fast and funny, but I'll save them for Saturday's round-up. Suffice it to say, we can expect that this isn't the last time a bored and low-energy Trump will nod off at his own trial, undercutting one of his big talking points about Joe Biden. 

More Republicans would know about Trump's ironic nap if they weren't glued to Fox News instead of any other media outlet. As Aaron Rupar noted,

Shocker: Neither Fox News or Fox Business has mentioned reports of Trump falling asleep in court today

Maybe the next time it happens, someone can get him a MyPillow.

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Juan Matute
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Andy Borowitz

The Borowitz Report borowitzreport@substack.com

4:06 AM (3 hours ago)
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SAUL LOEB/AFP via Getty Images

NEW YORK (The Borowitz Report)—In a development that an aide to the presumptive GOP nominee called "the best news this campaign has gotten in quite some time," a new poll shows that a majority of likely voters "vastly prefer" Donald J. Trump when he is asleep to when he is awake.

According to the survey, conducted by the Opinion Research Institute at the University of Minnesota, the conscious version of Trump garners a lowly 41 percent approval rating, in marked contrast with the unconscious version's 98 percent.

When asked to state what they liked most about the slumbering Trump, 72 percent checked "Cannot say anything," while a whopping 83 percent ticked "Can do no harm."

Carol Foyler, a top Trump campaign aide, said that the numbers suggest "we have to do a better job of getting the message out that Donald Trump is asleep most if not all of the day."

"We need to showcase Mr. Trump at campaign events where he looks heavy-lidded and, ideally, snores," she said. "If, during a debate with Biden, he were to suddenly doze off and face-plant on the podium, that would be huge for us."

The aide said that the poll results would help the Trump campaign fine-tune its electoral strategy, adding, "Between now and Election Day, we have to keep Donald Trump on a steady drip of warm milk, chamomile tea, and Ambien."  



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― The Lincoln Project


Tuesday, April 16, 2024

Something to Know - 16 April

Yesterday, a former elected official, was in court to watch as a jury was attempted to be empanelled in the trial process for alleged criminal behavior.   That was the story that sucked most of the oxygen out of the room.  This is a strain on the old guy, and it appears that he is going to have trouble staying awake in the proceedings for the next many weeks.   He reportedly appeared to lack attention and dozed off.  "Sleepy Don"?   Apparently it is going to be a long time in finding jurors.  Fifty out of fifty were disqualified.  It's going to be difficult finding enough people who don't have a bias in this matter.   Maybe a change of venue to a Guantanamo military court with prospective Cubans for jurors may help.....or maybe the African Congo where no TVs or newspapers exist?  Or perhaps Attica Prison in New York, where there surely exists a pool of his peers?

Heather Cox Richardson from Letters from an American heathercoxrichardson@substack.com 

Apr 15, 2024, 10:25 PM (11 hours ago)
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April 15 is a curiously fraught day in American history.

In 1861, President Abraham Lincoln called for 75,000 volunteers to put down a rebellion in the southern states.

In 1865, Lincoln breathed his last at 7:22 a.m., and Secretary of War Edwin Stanton, who adored the president, said, "Now he belongs to the ages."

In 1912 the British passenger liner RMS Titanic sank at 2:20 a.m. after hitting an iceberg in the North Atlantic.

In 1920, two security guards in Braintree, Massachusetts, were murdered on this date; Nicola Sacco and Bartolomeo Vanzetti would be accused of the crime, convicted, and, in 1927, executed.

In 1947, Jackie Robinson debuted for the Brooklyn Dodgers, breaking the color line in baseball's major leagues.

In 2013, two bombs exploded near the finish line of the Boston Marathon, killing three people and wounding 264 others.

And on April 15, 2024, the criminal case of The People of New York v. Donald J. Trump began in Manhattan. 

For the first time in history, a former president is facing criminal prosecution. 

The case has been dubbed a "hush money" case by the media, but it is really a case about election interference. In 2016, shortly after the Access Hollywood tape in which then-candidate Trump boasted of sexually assaulting women became public, Trump allegedly falsified business records of the Trump Organization to hide payments to individuals who possessed damaging stories about him, especially about his behavior with women, before the election.

Then–Trump fixer Michael Cohen paid adult film actress Stormy Daniels, who alleged she had had an affair with Trump, $130,000 through a shell company. He also set up a $150,000 payment from the publisher of the National Enquirer to Playboy model Karen McDougal, who also claimed to have had an affair with Trump. That money would give the National Enquirer exclusive rights to the story, meaning they could decline to publish it and she could not take it elsewhere. This practice is known as "catch-and-kill." 

Trump then allegedly falsified business records to reimburse Cohen for "legal expenses." Manhattan district attorney Alvin Bragg has charged Trump with 34 counts of falsifying those records. The case might last as long as 8 weeks.

In many ways, this trial is a vindication of the rule of law. Despite his many attempts to delay it, a former president is facing accountability for his actions just as any American should.

The trial schedule reflected that standard practice. Presiding judge Juan Merchan set out the terms of the trial, covering what information the jury can hear about Trump and reminding Trump that, per the laws of New York, if he fails to appear in court as required, a warrant will be issued for his arrest. 

But as jury selection began today, it was also clear that this is no normal trial. The names of the jurors will not be released outside the courtroom out of concerns for their safety, underscoring the degree to which Trump has urged his supporters to violence. And the country is so deeply divided over Trump and his movement that more than half of the first batch of jurors were excused when they said they could not judge the case impartially. No jurors were chosen today.

Trump has used this case—like his others—to try to undermine the rule of law. Rarely arguing that he didn't commit any of the offenses for which he was charged in four different cases—two civil, two criminal—he has insisted instead that he is being unfairly prosecuted. The Democrats have rigged the judicial system against him, he repeatedly claims, and enough of his loyalists have bought that idea that today some of them urged Trump supporters in the jury pool to undermine the rule of law by lying to get on the jury, then refusing to convict (a plea that observers noted sounded like jury tampering). 

Trump's effort to signal that he remains disgusted by the charges against him continued today. New York Times reporter Maggie Haberman noted that "[s]hortly before court adjourned for the day, Trump's campaign sent out a fundraising email falsely claiming he had just stormed out of court." But it was notable that only a few dozen of his supporters showed up at the court today, and they did not stay long. 

Trump has also refused to stop attacking the judge and other participants in the trial despite a gag order imposed by the judge. Today, even as prosecutors were asking Judge Merchan to find Trump in contempt for violating the gag order, Trump posted a video in which one of his allies attacked the judge's wife as well as primary witness Michael Cohen. 

Judge Merchan has scheduled a hearing on potential violations of the gag order for the morning of April 23.

Trump is trying to undermine the rule of law not only out of apparent fear of the outcome of his trials, but also because his appearance in court is likely to hurt his popularity. Last month an Ipsos poll showed that 32% of respondents said a conviction in this case would make them less likely to support Trump for the presidency. And that is before we have heard any of the new evidence that various sources have said we will hear, and which, by the nature of the case, is likely to be sordid. 

Seeing Trump treated like any defendant is almost certain to damage his brand as a man who commands his surroundings. Today, Haberman noted: "One thing that is striking: Trump has used the previous court appearances in other cases to project an image of grandeur. That is hard to do in this dingy courtroom, which smells slightly off and where he is an island amid a sea of people."

Further, the public nature of this trial will make it harder for Trump to present himself only through carefully curated appearances. Haberman also noted that Trump, who has repeatedly attacked President Joe Biden as "Sleepy Joe," appeared to fall asleep during today's proceedings. "Repeatedly, his head would fall down," Haberman said. "He didn't pay attention to a note his lawyer…passed him. His jaw kept falling on his chest and his mouth kept going slack." (While Trump was nodding off in court, President Biden was meeting in the Oval Office with Prime Minister Mohammed Shyaa al-Sudani of the Republic of Iraq, and then with Prime Minister Petr Fiala of the Czech Republic.)

Outside of this case, Trump's image as a wealthy man is also crumbling. Today was the day by which Trump's lawyers needed to prove that the $175 million appeals bond he posted against the $454 million judgment in the fraud case would really secure the judgment. Late tonight, his lawyers filed their justification of the bond, insisting it was secure and saying there was no need for the hearing about it, scheduled for April 22. Legal analysts on social media immediately found errors in the document.

Trump's lawyers also filed paperwork today with the Securities and Exchange Commission to issue more than 20 million more shares of common stock in the Trump Media & Technology Group. The price of the company's stock has been dropping since the spike after the initial public offering of March 26. Upon today's news it dropped another 18%. It has dropped 62% since public trading began. 

Although news from Manhattan took up most of the oxygen today, the Commerce Department also made a major announcement: through the CHIPS and Science Act it is investing up to $6.4 billion in a Samsung Electronics chip manufacturing and research cluster in Taylor, Texas. Commerce Secretary Gina Raimondo said the two proposed factories will create at least 17,000 construction and 4,500 manufacturing jobs.  

In addition to its historical significance, April 15 is also Tax Day. Biden reinstated the tradition of voluntarily releasing tax returns after Trump ended it, and today Biden, First Lady Jill Biden, Vice President Kamala Harris, and Second Gentleman Douglas Emhoff all released their taxes, revealing that their salaries make up most of their income. 

Ken Thomas and Ashlea Ebeling of the Wall Street Journal reported that the Trump campaign did not answer questions about whether Trump would release his tax returns.

Notes:

https://apnews.com/article/trump-hush-money-criminal-trial-manhattan-1afaeefc09b1d4c152b0bf6e8242d72b

https://www.theguardian.com/us-news/2024/apr/15/trump-hush-money-trial-key-arguments

https://www.nbcnews.com/politics/donald-trump/live-blog/trump-hush-money-trial-stormy-daniels-michael-cohen-live-updates-rcna145934#rcrd38972

https://www.nytimes.com/live/2024/04/15/nyregion/trump-hush-money-trial

https://www.nytimes.com/live/2024/04/15/nyregion/trump-hush-money-trial/99aa6f5d-ec39-5538-9805-49aaa7f53ab8

https://www.nytimes.com/live/2024/04/15/nyregion/trump-hush-money-trial/trump-criminal-hush-money-trial-jury

https://www.nytimes.com/live/2024/04/15/nyregion/trump-hush-money-trial/04a6ec79-5173-5cff-85ee-ef606a4830ef

https://www.wsj.com/us-news/law/donald-trump-civil-fraud-bond-deadline-712d7723

https://s3.amazonaws.com/sec.irpass.cc/2660/0001140361-24-019745.htm

https://www.cnbc.com/2024/04/15/trump-media-shares-plunge-after-company-files-to-issue-additional-djt-stock.html

https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.159.0.pdf

https://apnews.com/article/samsung-chips-computer-semiconductor-2a34bde47a857ae07fc83142c3cc8390

https://www.whitehouse.gov/briefing-room/speeches-remarks/2024/04/15/remarks-by-president-biden-and-prime-minister-mohammed-shyaa-al-sudani-of-the-republic-of-iraq-before-bilateral-meeting/

https://www.pbs.org/newshour/politics/biden-to-host-iraqs-prime-minister-amid-soaring-tensions-in-middle-east

https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/15/readout-of-president-bidens-meeting-with-prime-minister-petr-fiala-of-the-czech-republic/

https://www.politico.com/news/magazine/2024/03/18/poll-conviction-trump-2024-elections-00147338

https://www.wsj.com/politics/policy/bidens-paid-nearly-150-000-in-federal-income-taxes-in-2023-c7802170

https://www.politico.com/news/2024/04/15/trump-trial-supporters-maga-new-york-00152339

https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/15/the-president-and-vice-president-release-their-2023-tax-returns-setting-new-record-for-transparency/

Joyce White Vance is always good on legal issues, and she walks a reader through all the legal details of the day, if you're so inclined:

Civil Discourse with Joyce Vance
The newsletter starts tonight with enormous gratitude to folks in the courtroom, reporters and lawyers, who are live-blogging and tweeting the first criminal trial of Donald Trump. It's ridiculous that the former president is on trial and Americans can't watch, or at least listen to, the trial in real time. I have strong views about the damage done by e…
2 hours ago · 562 likes · 67 comments · Joyce Vance

https://www.usatoday.com/story/news/politics/elections/2024/04/15/trump-hush-money-trial-timeline/73326800007/

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― The Lincoln Project