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August 28, 2023 Heather Cox Richardson

Published

11 months ago

August 29, 2023

After making it clear that she would run her courtroom in the interests of justice without reference to the 2024 presidential election, U.S. District Judge Tanya Chutkan has set March 4, 2024, as the start date for former president Trump’s trial on four criminal counts for his efforts to overturn the results of the 2020 presidential election.

Those charges are not about anything Trump said. The 45-page indictment acknowledges Trump’s right to speak about the election and even to lie that he had won, and the Department of Justice did not charge him with incitement. The indictment charges Trump with being part of three conspiracies: one to defraud the United States by “using dishonesty, fraud, and deceit” to stop the lawful government function of determining the results of a presidential election, a second conspiracy to obstruct the lawful January 6 congressional proceeding to count and certify the results of the presidential election, and a third conspiracy to take away from other Americans “a right and privilege secured to them by the Constitution and laws of the United States—that is, the right to vote and to have one’s vote counted.”

Department of Justice special counsel Jack Smith’s office had asked the judge for a January 2 start date, saying the date “serves the public’s interest and the interests of justice, while also protecting the defendant’s rights and ability to prepare for trial.” (A Politico Magazine/Ipsos poll from August 18–21 bears out this position: it shows that 61% of the American people believe that Trump should go to trial for election subversion before the Republican primaries.)

Trump’s lawyers countered with a proposal to start the trial in April 2026, an extraordinary request that they attributed to the need to sift through enormous amounts of evidence—12.8 million pages worth—but which might well have been an attempt to get the judge to split the difference and give Trump a court date in 2025, after the 2024 election.

Trump has told his aides he intends to solve his legal problems by winning the next election.

Today, Department of Justice prosecutor Molly Gaston responded to Trump’s request by noting that 7.8 million pages of that material either came from Trump himself—tweets, for example—or from those associated with him, or had been public for months already. She noted that Trump’s lawyers themselves have publicly called the case a “regurgitation” of the report from the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, and noted that the Department of Justice had been careful to make sure the new material it provided is easy to review.

Trump lawyer Alina Habba didn’t help the Trump camp yesterday when she told Fox News Sunday that Trump wouldn’t need to prepare for his many legal cases because he’s “incredibly intelligent.” Nonetheless, Trump lawyer John Lauro used the March 4 trial date to begin laying the groundwork to argue he could not provide adequate representation.

Before she set the date, Chutkan said, she conferred with New York state judge Juan Merchan, who is set to preside over Trump’s trial for campaign violations when he paid hush money to an adult film actress to cover up an affair. That case is scheduled to start on March 25. Trump’s federal trial for his theft of national security documents and hiding them at Mar-a-Lago is currently scheduled to begin in May 2024.

The trial date on racketeering charges in Georgia for a conspiracy to overturn the results of the 2020 presidential election has not been set yet, but today the arraignment for all 19 defendants was set for September 6, 2023.

In the midst of all these court dates, Judge Chutkan’s establishment of March 4 for the federal trial over Trump’s attempt to overturn the results of the 2020 election means that Trump-appointed federal judge Aileen Cannon, who is overseeing the Mar-a-Lago documents trial and who seems eager to protect the former president, will have far less power to shape public perceptions of the cases against Trump. Los Angeles Times legal affairs columnist Harry Litman noted: “This is the centerpiece now of accountability for Trump, which is as it should be.”

Meanwhile, in an Atlanta courtroom, Trump’s chief of staff Mark Meadows took the stand to try to get charges against him as part of the Georgia indictments transferred to federal court with the ultimate goal of getting them dismissed. Meadows took the unusual step of testifying himself in the case, and he argued for a sweeping interpretation of a chief of staff’s official duties.

He claimed that it was his job as chief of staff to address anything that might distract Trump or divert his attention, and therefore his work to overturn the results of the 2020 presidential election fell within his job description. If so, his case belongs in federal court because federal officials are protected from state prosecution over things they did as part of their official duties. But working for a political campaign is explicitly not part of an officer’s duties: the Hatch Act prohibits federal officials from engaging in partisan activities while on duty.

U.S. District Court Judge Steve C. Jones said he would rule as quickly as he can after considering the arguments.

Three Republican false electors from Georgia have also asked to move their cases to federal court, arguing that they were acting at the direction of Trump and his people, who were agents of the federal government. So has lawyer Jeffrey Clark, who tried to take over the office of attorney general to push Trump’s claims that the election was stolen, and who was employed at the time by the Department of Justice.

Nicole Narea of Vox noted that dividing up the defendants in the Georgia indictments serves Trump’s case by slowing everything down as Fulton County district attorney Fani Willis has to prosecute each defendant separately. Cornell University law professor Randy Zelin told Narea that such a scenario will permit Trump’s lawyers to prepare their defense based on the previous cases. It is, he said, “a defense lawyer’s dream.”

Republicans are planning to stand behind Trump, echoing his lawyer’s argument that Trump is being prosecuted selectively because he is Biden’s political opponent. John Lauro called the case a “show trial,” suggesting Lauro does not see any reasonable likelihood that he can produce evidence to convince a jury Trump is not guilty.

Republicans in Congress appear to be in a similar place, apparently planning to defend Trump not by arguing he is not guilty, but by launching more investigations to tarnish Democrats, as they did with the investigation into Hillary Clinton’s emails and as Trump did in his attempt to get Ukraine president Voldymyr Zelensky to announce an investigation into President Biden’s son Hunter in 2019.

Representative Jim Jordan (R-OH), chair of the Judiciary Committee, has demanded that Fulton County, Georgia, district attorney Fani Willis turn over internal documents related to the grand jury’s indictment of Trump on racketeering charges, implying that they will show illegitimate coordination between her and the Department of Justice, when in fact federal and state prosecutors often confer on cases that involve both of their jurisdictions.

House Republicans also are moving forward on impeaching President Joe Biden, although there is no evidence that there are any grounds for such a proceeding. One Republican lawmaker told CNN’s Melanie Zanona: “There’s no evidence that Joe Biden got money, or…agreed to do something so that Hunter could get money…. And they can’t impeach without that evidence. And I don’t…think the evidence exists.”

But polls last spring indicated that the American people think the Republicans’ investigations are a waste of time. Now the lack of evidence for an impeachment inquiry makes some Republican lawmakers unwilling to vote for one, just as they were unwilling to vote to “expunge” the former president’s impeachments, recognizing that such votes might turn off some of their more moderate voters. So the extremists eager to run the playbook of using an investigation are talking about skipping a formal vote and just launching an inquiry without one.

Trump yesterday wrote on his social media network: “You don’t need a long INQUIRY to prove it, it’s already proven…. Either IMPEACH the BUM, or fade into OBLIVION. THEY DID IT TO US!”

But Republicans who jump on board this effort will be working against the American people. According to that Politico/Ipsos poll, 59% of Americans think the Justice Department decided to indict Trump after a fair evaluation of evidence and the law.

And the March 4 trial date means backing Trump for the Republican presidential nomination has a new pitfall. March 4 is the day before Super Tuesday, when more than a dozen states will hold Republican presidential primaries. Philip Bump of the Washington Post noted today that by mid-March, more than half the delegates allotted for the Republican nomination will have been assigned and, since the Republicans have designed their nomination process to consolidate quickly with winner-take-all primaries, Trump could win the Republican nomination in the midst of his trial for trying to overturn the foundational principle of our democracy.

March 4 is also a historically significant date. Until 1936 it was the date on which presidential inaugurations were held (unless it fell on Sunday, in which case the inauguration was moved to the following day, Monday, March 5). Lawmakers chose that date because it was the one on which, in 1789, the Constitution went into effect.

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Notes:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.39.0_2.pdf

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.23.0_5.pdf

https://www.nytimes.com/2023/08/21/us/politics/trump-jan-6-trial-date.html

https://www.businessinsider.com/trumps-attorney-said-he-doesnt-need-to-prep-much-for-his-4-cases-2023-8

https://talkingpointsmemo.com/live-blog/judge-chutkan-expected-to-set-trial-date-in-trump-jan-6-case

https://www.politico.com/news/2023/08/28/trump-trial-date-election-subversion-2020-00113186

https://www.cnn.com/2023/08/28/politics/mccarthy-biden-impeachment-strategy/index.html

https://www.vox.com/politics/23659090/house-republicans-hunter-biden-oversight-china-comer-jordan

https://www.washingtonpost.com/politics/2023/03/13/trump-desantis-republicans-delegates/

https://www.washingtonpost.com/politics/2023/08/28/trump-campaign-2024-trials/

https://www.washingtonpost.com/opinions/2023/08/28/jim-jordan-investigation-fani-willis-indictment-of-trump/

https://thehill.com/homenews/campaign/4121566-vulnerable-republicans-caught-in-bind-over-push-to-expunge-trump-impeachments/

https://www.ipsos.com/en-us/politico-indictment-august-2023

https://www.politico.com/news/2023/08/28/meadows-testimony-georgia-hearing-00113215

https://www.politico.com/news/2023/08/24/co-defendant-georgia-trump-indictment-00112932

https://thehill.com/regulation/court-battles/4164204-two-fellow-trump-co-defendants-join-meadows-in-seeking-to-move-georgia-case-to-federal-court/

https://www.vox.com/politics/2023/8/28/23849528/trump-georgia-mark-meadows-court-hearing

Twitter (X):

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kyledcheney/status/1696182590674174403

RonFilipkowski/status/1696196075470700660

joshtpm/status/1696198694482198743

harrylitman/status/1696185599269667173

Substacks

July 25, 2024 Heather Cox Richardson

Published

11 hours ago

July 26, 2024

Substacks

TGIF: The Week Unburdened by the Week That Has Been Suzy Weiss

Published

18 hours ago

July 26, 2024

Pro-Palestinian protesters gather outside of Union Station to protest Israeli prime minister Benjamin Netanyahu’s visit to the United States. (Probal Rashid via Getty Images)

Oh, no, it’s the sister again, for another slow news week. Let’s get to it.

→ Biden dropped out: Six years ago emotionally, but technically this past Sunday, Joe Biden dropped out of the presidential race. He did it via X and promptly threw his support (and cash) behind Vice President Kamala Harris. Then he got Covid and hunkered down in Delaware—or depending on what hooch you’ve been drinking, died and was reanimated so he could appear before the cameras on Wednesday to address the nation. Joe’s family, including Hunter, sat along the wall of the Oval Office as he spoke. The president talked about the cancer moonshot, ending the war in Gaza, putting the party over himself, and Kamala’s tenacity, as Kamala’s pistol dug ever-so-slightly harder into his back. Right after, Jill, the First Lady of passive aggression, who apparently wanted to outdo her heart emoji, tweeted a handwritten note “to those who never wavered, to those who refused to doubt, to those who always believed.” I respect a First Lady who stands by her man and her energetic stepson. A First Lady who sees the high road way up there and says to herself, “If they want us out of here so bad, they can clean out the fridge and strip the beds themselves!”

→ Kamala is brat, Biden is boots, please God send the asteroid today: I’ve learned the hard way—and by that I mean my parents once asked me what “WAP” meant—that certain things should never be explained with words. It’s not that it’s impossible, it’s just that it embarrasses everyone.

That’s how I feel about the whole Kamala-is-brat thing. Brat is a good album about partying and getting older and having anxiety that was released earlier this summer by Charli XCX. But it’s since been adopted by too-online and very young people as a personality, and by Kamala Harris’s campaign as a mode to relate to those very young people. Her campaign is leaning into the whole green look of the album to try and win over Gen Z, and generally recasting her many viral moments—“You think you just fell out of a coconut tree?” “I love Venn diagrams” “What can be, unburdened but what has been”—as calling cards. It’s like when Hillary went on Broad City, only this time more cringe.

And now we have Jake Tapper and Greg Gutfeld grappling with the “essence” and the “aesthetic” and overall vibe of brat girl summer. We used to be a serious country. We used to make things.

Here’s the thing about Kamla: she is hilarious and campy, but unintentionally so. Any goodwill that her goofy dances or weird turns of phrase garner should be considered bonus points, not game play. Was there ever any doubt that Fire Island would go blue? We’ve been debating whether Kamala’s meme campaign is a good move for her prospects in the Free Press Slack, and here I’ll borrow from my older and wiser colleague Peter Savodnik: “There is nothing more pathetic than an older person who cares what a younger person thinks is cool.”

→ Boomer behavior: While Kamala’s campaign is being run by a 24-year-old twink with an Adderall prescription, J.D. Vance’s speechwriter seems to be a drunk Boomer who just got kicked out of a 7-11. Vance, appearing this week at a rally in Middletown, Ohio, riffed, “Democrats say that it is racist to believe. . . well, they say it’s racist to do anything. I had a Diet Mountain Dew yesterday and one today, and I’m sure they’re going to call that racist too.” Crickets. Horror. Major “Thanks, Obama” energy. There was also a bit on fried bologna sandwiches and a lot of “lemme tell you another story.” The guy is 39 but sounds older than Biden.

Fresher, 35-to-60-year-old blood is exactly what we’ve been begging for. Let the Boomers boom, let the Zoomers zoom. Kamala and J.D.: act your age.

Substacks

July 25, 2024 Heather Cox Richardson

Published

22 hours ago

July 26, 2024

Momentum continues to build behind Vice President Kamala Harris to become the Democratic Party’s presidential nominee, and the national narrative as a whole has shifted.

Democrats appear to be generating significant enthusiasm among younger Americans. Yesterday, for the first time in their history, the March for Our Lives organization endorsed a presidential candidate: Kamala Harris. Students from the Marjory Stoneman Douglas High School in Parkland, Florida, organized March for Our Lives after the shooting there in 2018. Executive director Natalie Fall said that the organization “will work to mobilize young people across the country to support Vice President Harris and other down-ballot candidates, with a particular focus on the states and races where we can make up the margin of victory—in Arizona, New York, Michigan, and Florida.”

Andrea Hailey of Vote.org announced that in the 48 hours after President Biden said he would not accept the Democratic nomination, nearly 40,000 people registered to vote. That meant a daily increase in new registrations of almost 700%.

People are turning out for Harris in impressive numbers. In the hours after she launched her campaign, Win With Black Women rallied 44,000 Black women on Zoom and raised $1.6 million. On Monday, around 20,000 Black men rallied to raise $1.2 million. Tonight, challenged to “answer the call,” 164,000 white women joined an event that “broke Zoom” and raised more than $2 million and tens of thousands of new volunteers.

Another significant endorsement for Harris came yesterday from Geoff Duncan, the Republican former lieutenant governor of Georgia, who wrote on social media: “I’m committed to beating Donald Trump. The only vehicle left for me to do that with is the Democratic Party. If that requires me to vote for, speak for, or endorse [Kamala Harris] then count me in!” Duncan’s public announcement offers permission for other Georgia Republicans to make a similar shift. In 1964, South Carolina senator Strom Thurmond similarly paved the way for southern Democrats to vote for Republican presidential candidate Barry Goldwater.

Harris’s appearances are generating such enthusiasm from audiences that when she delivered the keynote address this morning at the convention of the American Federation of Teachers in Houston, Texas, the applause delayed her ability to begin. After a speech defending education and calling out the cuts to it in Project 2025, Harris ended by demonstrating that after decades of Democrats being accused of being anti-American, Trump’s denigration of the country has enabled the party to claim the position of being America’s defenders.

“When we vote, we make our voices heard,” Harris said. “So today, I ask you, AFT, are you ready to make your voices heard? Do we believe in freedom? Do we believe in opportunity? Do we believe in the promise of America? And are we ready to fight for it? And when we fight, we win! God bless you and God bless the United States of America.”

Today the Commerce Department reported that economic growth in the second quarter was higher than expected, coming in at 2.8%, thanks to higher spending driven by higher wages. The country’s changing momentum is showing in media stories hyping the booming economy Biden’s team tried for years to get traction on. “Full Employment is Joe Biden’s True Legacy” was the title of a story by Zachary Carter that appeared yesterday in Slate; CNN responded to today’s good economic news with an article by Bryan Mena titled: “The US economy is pulling off something historic.”

With Harris appearing to have sewn up the nomination, the question has turned to her vice presidential pick. That question is fueling the sense of excitement as potential choices are in front of cameras and on social media advocating Democratic positions and defending the United States from Trump’s denigration. Pennsylvania governor Josh Shapiro listed the economic gains of the past years, and said: “Trump, you’ve got to stop sh*t talking America. We’ve got to start standing tall and being patriotic and showing how much we love this amazing nation.”

The vice presidential hopefuls appear to be having some fun with showcasing their personalities, as Minnesota governor Tim Walz did in his video from the Minnesota State Fair where he and his daughter went on an extreme ride. So are social media users who have dug up old videos of, for example, Transportation Secretary Pete Buttigieg explaining how he would pilot a small starfighter that had lost its auxiliary shields, or Arizona senator Mark Kelly’s identical twin brother Scott pranking a fellow astronaut on the Space Station with a gorilla suit Mark smuggled on board.

That sense of fun is an enormous relief after years of political weight, and it has spilled over into making fun of the Republican ticket, most notably with a false story that vice presidential candidate J.D. Vance wrote about—and I cannot believe I am typing this—having sex with a couch. The story is stupid, but worse are the denials of it, which have spread the story into populations that otherwise would likely not have seen it.

Just two weeks ago, Vance appeared to be the leader of the next generation of extremist MAGA Republicans, but now that calculation seems to have been hasty. Vance is a staunch opponent of abortion—the key issue in 2024—and he has been vocal in his disdain of women who have not given birth, saying in 2021, for example, that the U.S. was being run by “a bunch of childless cat ladies who are miserable at their own lives and the choices that they’ve made and so they want to make the rest of the country miserable, too.” He went on to say that people who don’t have children “don’t really have a direct stake” in the country.

Republican commentator Meghan McCain noted that Vance’s “comments are activating women across all sides, including my most conservative Trump supporting friends. These comments have caused real pain and are just innately unchristian.” Actor Jennifer Aniston, who tends to stay out of politics, posted: “I truly can’t believe this is coming from a potential VP of The United States.” Vance had called out Harris by name in those 2021 comments, and Second Gentleman Doug Emhoff’s ex-wife Kerstin Emhoff took to social media to defend Harris from Vance’s attacks on her as “childless,” calling her “a co-parent with Doug and I. She is loving, nurturing, fiercely protective and always present. I love our blended family and am grateful to have her in it.” Harris’s stepdaughter chimed in: “I love my three parents.”

Vance also ties the Republican ticket firmly to Project 2025. The Trump camp has worked to distance itself from Project 2025—not convincingly, since the two are obviously closely tied, but it turns out that Vance wrote the introduction for a forthcoming book by Heritage Foundation president Kevin Roberts, who was the lead author of Project 2025. The book appears to popularize that plan, right down to its endorsement of a “Second American Revolution,” and according to the book deal report, proceeds from the book will go to the Heritage Foundation “and aligned nonprofits.”

Now Vance’s words praising Project 2025 will be in print, just in time for the election. Yesterday, Trump posted: “I have nothing to do with, and know nothing about, Project 25 [sic]. The fact that I do is merely disinformation put out by the Radical Left Democrat Thugs. Do not believe them!”

Trump is clearly aware of, and concerned about, the changing narrative. This morning, he called in to Fox & Friends, saying, “We don’t need the votes. I have so many votes. I’m in Florida now…and every house has a Trump-Vance sign on it. Every single house…. It’s amazing the spirit…. This election has more spirit than I’ve ever seen ever before.” Tonight the Trump campaign proved their worry by backing out of debates with Harris, saying debates can’t be scheduled until she is the official nominee, although Biden was not the official nominee when they met in June.

The larger narrative shift has affected the media approach to Trump, who is accustomed to shaping perceptions as he wishes. Now, 12 days after the mass shooting at his rally in Butler, Pennsylvania, there is increasing media attention to the fact that there has still been no medical report on Trump’s injuries, although he wore a large bandage on his ear at the Republican National Convention and said at a rally in Grand Rapids, Michigan, on Saturday that he “took a bullet for democracy.”

Yesterday, FBI director Christopher Wray told Congress that it is not clear whether Trump was “grazed” by a bullet or by shrapnel, words that former federal prosecutor Joyce Vance called “FBI speak for, ‘it’s unlikely it was a bullet.’”

CNN chief medical consultant Dr. Sanjay Gupta noted last week that the people need a real medical evaluation of Trump’s injuries, explaining that “gunshot blasts near the head can cause injuries that aren’t immediately noticeable, such as bleeding in or on the brain, damage to the inner ear or even psychological trauma.” But, as Josh Marshall at Talking Points Memo has noted, much of the press has kept mum about the story.

Media outlets have reported Wray’s testimony, though, and in a social media post today, Trump called on Wray, whom he appointed to head the FBI, to resign from his post for “LYING TO CONGRESS.” Tonight, he reiterated that “it was…a bullet that hit my ear, and hit it hard.”

Perhaps eager to get back to their districts, House Republicans canceled their expected votes on appropriations bills scheduled for next week and left town today for their August recess. The House will not reconvene until early September. The government’s fiscal year 2025 begins on October 1.

—

Notes:

https://www.nytimes.com/2024/07/24/opinion/trump-lies-charts-data.html

https://marchforourlives.org/in-a-first-ever-endorsement-march-for-our-lives-endorses-kamala-harris-for-president/

https://www.reuters.com/markets/us/us-economic-growth-regains-steam-second-quarter-inflation-slows-2024-07-25/

https://slate.com/news-and-politics/2024/07/biden-economy-employment-inflation.html

https://www.cnn.com/2024/07/25/entertainment/jennifer-aniston-jd-vance/index.html

https://www.cnn.com/2024/07/25/economy/us-economy-gdp-second-quarter/index.html

https://www.mediamatters.org/heritage-foundation/jd-vance-wrote-foreword-book-project-2025-architect-kevin-roberts-and-proceeds

https://www.newsweek.com/donald-trump-might-not-shot-1930037

https://people.com/was-trump-struck-by-bullet-or-shrapnel-fbi-director-testifies-8683340

https://www.msnbc.com/rachel-maddow-show/maddowblog/trump-wants-fbi-director-resign-immediately-chris-wray-rcna163641