A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.
Trump Warns Of ‘Bedlam’
Following the oral arguments in DC, which Trump attended in person, he retreated down Pennsylvania Avenue to the site of his former hotel where he threatened to unleash mobs again.
Credit to the WaPo: “Republican polling leader Donald Trump on Tuesday threatened unrest if the criminal charges against him cause him to lose the 2024 election.”
A simple, direct, and true lede that doesn’t obfuscate, excuse, or muddy the grim reality of what we’re up against.
ICYMI
Great coverage by the TPM team yesterday of the DC Circuit oral arguments on Trump’s claim of presidential immunity from prosecution:
- The blow-by-blow in the liveblog: DC Circuit Hears Trump Argument That He’s Above The Law
- Our wrap-up: DC Appeals Court Needles Trump On Immunity While Leaving Trial Date an Open Question
Sums Up The Inanity Of Trump’s Immunity Argument
One Cautionary Note
A lot of ink has been and will be spilled on the unprecedented and extreme nature of Trump’s immunity argument. All true, as far as it goes. And there’s no question that if any court adopted anything close to what he is asking for it would mark a fundamental break from the 235-year-old constitutional order.
But don’t get too giddy about the consensus that this is nuts, that Trump fared poorly in yesterday’s oral argument, and that he will ultimately lose even at the Supreme Court. Why? Because this was a delay tactic. It bought him time. It probably slowed down his trial date. Enough to push it past the election? Unclear at this point. But make no mistake what this was about.
I’m not Eeyore-ing about it. It is what it is. But we should be clear about what it is: one element of Trump’s delay strategy to save his own ass.
Quote Of The Day
I believe people when they say that they want to hurt us or kill us. I don’t think they’re idle threats.
Wisconsin Supreme Court Justice Jill Karofsky
‘Almost Every Democracy Is Under Stress’
NYT: Elections and Disinformation Are Colliding Like Never Before in 2024
WaPo: Violent political threats surge as 2024 begins, haunting American democracy
What Comes Next
The Disqualification Clause case before the Supreme Court is likely the next big Trump case. I want to start introducing you to the “political” arguments around the legal wrangling. It’s complicated, but there’s a concerning emergence of an almost “too cool for school” cynicism among legal scholars and pundits about what the high court will do that risks giving it cover to ignore the plain language of the Constitution.
A couple of pieces to get you started:
- Harry Litman: Why the Supreme Court will probably put Trump back on the ballot in Colorado and nationwide
- Brian Beutler: We Can’t Afford Weak-Kneed Liberalism In The Trump Era
New Twist In The Fani Willis Weirdness
No formal court filing yet from Atlanta District Attorney Fani Willis responding to the claims Monday by a Trump co-defendant in the Georgia RICO case accusing her of hiring a lover as as special prosecutor to handle the sprawling election subversion case. But the WSJ reports that Willis was served with a subpoena earlier that same day by special prosecutor Nathan Wade’s wife to testify in their divorce proceedings.
2024 Ephemera
- Michigan poll: Trump leads Biden 47%-39% among likely voters in a head-to-head general election matchup.
- New Hampshire polls all over the map: Trump’s lead over Nikki Haley among likely GOP primary voters is down to seven percentage points, 37%-32%, according to a new CNN poll. In contrast, a new Suffolk University/Boston Globe/USA TODAY poll found Trump leading Haley 46%-27%.
- Iowa: Nikki Haley and Ron DeSantis will be the only participants tonight in a debate hosted by CNN, while Donald Trump counterprograms with a Fox News townhall-style appearance.
Good Read
I missed this last week, but the Arizona Mirror has a followup on our reporting from last year on the racism, anti-Semitism and homophobia being spewed on social media by now-former staffers of Rep. Paul Gosar (R-AZ).
Lauren Boebert’s Ex-Husband Arrested
It’s not clear whether Jayson Boebert’s arrest on weapons and assault charges was related to an altercation with ex-wife Rep. Lauren Boebert (R-CO) over the weekend.
Big Land
The Land Report is out with its annual list of the top 100 private landowners in America:
- Emmerson Family
- John Malone
- Ted Turner
- Stan Kroenke
- Reed Family
- Irving Family
- Buck Family
- Singleton Family
- Brad Kelley
- King Ranch Heirs
The sizes of the holdings range from just under a million acres in Texas to nearly 2.5 million acres spread across California, Oregon, Washington.
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Holy sheep stuff, batman.
I’m first!
Now, to read the Memo.
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Trump’s lawyer arguing that he, Trump, can assassinate a political opponent would not seem to be an argument likely to persuade a court, so it seems a very bad legal strategy.
OTOH, it’s Trump telling the world exactly what he would do in a fashion designed to stir up his followers’ bloodlust and get them even more loyally behind him. He’s telegraphing his intentions exactly like Hitler in Mein Kampf.
Nearly first
Continued, thinly veiled threats of political violence and the Repubs remain silent!!
WTF is wrong with Michigan voters?