A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.
Come On, Aileen
U.S. District Judge Aileen Cannon confounded legal experts with her latest ruling, denying Donald Trump’s motion to dismiss the Mar-a-Lago indictment on a crackpot theory based on the Presidential Records Act.
In so doing, Cannon didn’t put the issue to bed, the way you would expect most judges to. Instead she very narrowly ruled against Trump in a skimpy ruling of barely three pages while leaving the door open for him to raise the issue later at trial in a way that could doom the prosecution.
Here’s what I found most concerning:
- Cannon called the Mar-a-Lago case a “complex case of first impression.” It is neither. It is historically significant because it involves a former president. But legally, the case is not particularly remarkable. Trump’s nonsensical defenses don’t magically turn a relatively straightforward legal matter into a complex or unprecedented puzzle for her to solve. But her treating it as complex and without legal precedent provides an intellectually dishonest framework for all kinds of potential mischief that goes well beyond this one argument over the Presidential Records Act. Cannon can mess this case up in dozens of different ways with that kind of justification.
- Cannon was defensive. It’s never good when a judge is in a defensive crouch over their judicial skills, the law, or their handling of a case. Cannon’s terse and lightly reasoned ruling came one day after Special Counsel Jack Smith raked her over the coals about her handling of Trump’s attempted use of the Presidential Records Act as a defense. In her ruling, she lashed back at him, mischaracterizing his position on the issue and then deriding it as “unprecedented and unjust.”
- Cannon didn’t bury Trump’s Presidential Records Act argument for good. Trump’s argument is the kind we often see judges dispense with categorically before trial in order to streamline arguments, eliminate distractions, and keep the case focused and on track. Cannon was not decisive here, giving Trump the chance to raise the PRA defense later, perhaps after a jury has been seated and jeopardy has attached, meaning Smith would have no avenue for appeal. Despite all the commentary you may be seeing, there is no obvious or surefire way for Smith to get around her on this. Risks abound, as does uncertainty.
After every Aileen Cannon post I write, I get lots of questions about why Jack Smith isn’t moving to have her recused, taking her up on appeal already, or doing something else to dislodge her. I can assure you this is highly unusual conduct by a judge in a criminal case, and there are no easy answers here, either legally or practically.
Trump Loses Bid To Dismiss Georgia RICO Case
State Judge Scott McAfee denied Donald Trump’s motion to dismiss his Georgia indictment on spurious First Amendment grounds.
I’m No Saul Goodman!
Despite raising the “I’m no Saul Goodman!” defense, Trump DOJ official Jeff Clark moved one step closer to being disbarred in DC for his participation in the scheme to overturn the 2020 election.
More Please
Arizona Republican Reps. Paul Gosar and Andy Biggs have each been subpoenaed in the fake electors criminal probe being conducted by Arizona Attorney General Kris Mayes, Politico reports.
The Chair Recognizes The Gentleman From Conspiracyland
In a piece taking a close look at the wild Jan. 6 conspiracies being promoted by Rep. Clay Higgins (R-LA), the NYT captures the current moment: “[Mo]re than three years after the attack, right-wing Republicans at every level continue to spread falsehoods about what happened on Jan. 6 and are now seeking to use those lies as a rallying cry to denounce the government, promote Mr. Trump’s candidacy and rile up his supporters.”
Quote Of The Week
January 6 must not become a precedent for further violence against political opponents or governmental institutions. This is not normal. This cannot become normal. We as a community, we as a society, we as a country cannot condone the normalization of the January 6 Capitol riot.
U.S. District Judge Royce C. Lamberth of Washington, D.C., an 80-year-old Reagan-appointee who is taking the unusual step of mailing his sentencing statement for a Jan. 6 rioter to nearly two dozen of the defendant’s supporters.
About That Trump Appeal Bond …
Trump’s $175 million appeal bond in the New York civil fraud case may not be sufficient under state law, and Attorney General Letitia James is asking questions.
You Don’t Always Get To Pick Your Battles Or Your Allies
The biggest mind-fuck of the last quarter century in American politics is how the Republican Party’s descent into Trumpian madness has created the unlikeliest of allies in the fight to save democracy:
The Terrible Smearing Of Adeel Abdullah Mangi
Lydia Polgreen: Three Democratic Senators Are Stuck Indulging an Outdated Fantasy
An Important Data Point
The Alabama hospital at the center of the IVF legal battle there will discontinue providing IVF services at the end of this year, which at least partly answers a question floating around for the past few weeks: Was the law passed by Alabama’s legislature to protect IVF from the state Supreme Court decision that frozen embryos are legally considered children sufficient to undo the damage wrought by that ruling?
The Mobile hospital discontinuing IVF attributed the decision to “pending litigation and the lack of clarity of the recently passed I.V.F. legislation in the state of Alabama.”
2024 Ephemera
- Aaron Blake: Why Trump wants to game Nebraska’s electoral vote, mapped
- Politico: Robert F. Kennedy, Jr. disavows a fundraising email describing Jan. 6 rioters as “activists.”
- WSJ: No Labels abandons its effort to field a third-party candidate for president.
Biden Calls For ‘Immediate Ceasefire’ In Gaza
TPM’s Josh Marshall: “The killing of seven World Central Kitchen aid workers has over the last two days triggered a wholesale shift across the U.S. political spectrum.”
The Bulwark Of Democracy
Heather Cox Richardson on the 75th anniversary of NATO.
It’s ‘Country’ If I Say It Is
Could anything be in Tressie McMillan Cottom’s wheelhouse more than Beyoncé’s new country music album?
“Big Country — the Nashville-controlled, pop-folk music that commodifies rural American fantasies — is the cultural arm of white grievance politics,” she writes in an extended essay on the musical genre, race and gender, and history and power.
Read it, then check out her Spotify playlist, which covers a lot of very good ground. I’ve been mainlining for a while her combo of classic hits and new stuff, or at least new-to-me stuff. Her playful (yet not) tagline for it is: “Good music is in the liminal spaces between genres. It’s ‘country’ if I say it is. Emphasis on songwriting.”
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Just a mistake, so all’s good
Israel Takes Responsibility. Who Else Does? - WSJ
“Breaking News,” bleated my iPhone Tuesday morning with an alert from the Journal. “Israel has taken responsibility for a strike that has killed seven World Central Kitchen aid workers in Gaza. Benjamin Netanyahu said it was unintentional.”
War is hell. Everyone knows that. Bullets don’t discriminate. No bomb is smarter than the person who dispatches it. When the skies are full of lead, accidents are bound to happen, and when they do, political spinmeisters step forward to deny, deflect, delay and distract.
Not here. Israel has taken responsibility. What a concept.
Not so Israel, a nation that stands for life, for hope, for freedom. Israel desires peace and has offered it to the Palestinians repeatedly, who always refuse. The offer stands.
Israel is engaged now, as always, in a fight for survival. Often lied about, Israel nevertheless respects the rules of war. It fights with precision and restrains its soldiers to protect the innocent. It provides food and aid to its enemy. It owns up to its mistakes.
Coming soon to a Trump administration near you: mass roundups, beatings, and torture, following the template of Russia:
More Please
John Eastman responds to disbarment call, says he’s been subpoenaed by Capitol Police officers (msn.com)
Eastman said in an interview on conservative network Frank Speech on Thursday that “there’s a lot of water to go under the bridge yet” before the state Supreme Court hears his case.
“If the law was faithfully followed, this case should have never been brought in the first place,” he said.
“We had a disagreement on the facts of the 2020 election. We had a disagreement on the constitutional interpretation on issues that have never been settled,” Eastman continued. “That has never been the basis of disciplinary action.”
In the interview Thursday, he argued the disbarment is political in nature and “aimed at destroying our adversarial system of justice.”
He also said he has been subpoenaed as part of a civil suit brought by a group of Capitol Police officers against Trump. The officers claim Trump is responsible for Jan. 6, and they hope to elicit financial penalties for the violence they suffered in the riots.
“I just got a subpoena served on us last week by the Capitol Police officers seeking everything, all of my communications with the president and anybody else,” he said. “They’ve completely blown through attorney-client privilege.”
I’m No Saul Goodman!
Right. Saul is not a pathetic, chinless idiot.
WSJ op-eds read like a parody from The Onion.