Judge Strafes Trump’s Legal Team After Stormy Daniels Testimony Ends

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Ooof …

After Stormy Daniels completed her testimony and the jury had left the courtroom late yesterday, Judge Juan Merchan heard arguments on another Trump motion for a mistrial in the hush money case.

Trump lost the motion, but the hearing was notable for the way in which Merchan raked Trump’s attorneys for not having done more to keep some of Daniels’ testimony out and prevent the jury from hearing it.

Merchan’s point to the Trump legal team was two-fold: (i) when you raised objections, I usually sustained them; and (ii) you should have objected a whole lot more. Merchan raised again the fact that he himself had sua sponte objected to the some of the Daniels testimony when he didn’t hear one from Trump. Add it all together, Merchan ruled, and Trump offered no basis for a mistrial. Motion dismissed.

One can only imagine the thrashing Trump gave his lawyers after hearing Merchan question their approach to such a key witness who had so much embarrassing testimony to offer.

Quote Of The Day

“Why on earth she wouldn’t object to the mention of a condom, I don’t understand.”

Judge Juan Merchan, on Trump attorney Susan Necheles’ handling of Stormy Daniels’ testimony

TPM’s Coverage

Josh Kovensky liveblogged all of Stormy Daniels testimony here and offered his closing thoughts here:

At times, Necheles strategy seemed to approach an attempt at jury nullification — when members of a jury disregard the case mounted and the evidence of crimes charged and instead acquit because they disagree with the law or the way in which prosecutors applied it. The defense implicitly asked the panel to find that Daniels had acted so outrageously as to compel Trump to do anything to defend himself. It also left the former president in his favored rhetorical pose: that of a victim.

How Did Stormy Daniels Do?

Joyce Vance recaps:

The jury doesn’t have to believe Stormy Daniels to convict Donald Trump. Even if her story was just that—a made up story, as the defense claims—the crime happened when Trump paid her off and concealed the payments with false business records. But Daniels came off as believable. At one point, under pressure from Necheles to concede she’d never had sex with Trump, Daniels fired back that if she was going to tell a story that wasn’t true, she “would’ve written it to be a lot better.”

Trump’s lawyers staked their case on Stormy Daniels’ story being a lie. They promised the jury in their opening statement that none of it was true. But they didn’t deliver. Stormy Daniels did. That means the defense’s credibility with the jury is low as they head into the critical stage of the trial where the government must prove that Trump knew about the whole deal. Because with the motive for the crime established, it’s about time for the People to call Michael Cohen to the witness stand.

Michael Cohen Expected To Testify Next Week

As trial resumes this morning, it’s not clear who prosecutors will call to the stand next. But it doesn’t look likely to be Michael Cohen, who himself said yesterday he doesn’t expect to testify until next week.

A Gag Order Workaround?

Nothing about the gag order against Trump would prevent allies and surrogates from coming to his defense, but I will be curious if Trump plays any role in organizing and coordinating their responses, because that seems to get awfully close to crossing the line into another gag order violation that could lead to his incarceration.

What’s Paul Manafort Been Up To Since Trump Pardon?

The WaPo goes deep on prodigal son Paul Manafort as he returns to the Trump campaign fold.

Returning To The Scene Of The Crime

TPM’s Hunter Walker: How Republicans Went From The Tea Party To ‘Stop The Steal’ To The Next Big Election Conspiracy

Give This A Read

No one is more adept at describing the dynamics of the politics-and-media information economy that my old colleague Brian Beutler, and he’s got a good one today.

Ballot Problem For Biden In Ohio Still Unresolved

The Ohio legislature adjourned without passing a fix to allow President Biden on the November ballot even though the Democratic convention isn’t scheduled to formally nominate him until after the state’s deadline to get on the ballot. Meanwhile, Alabama quietly fixed the same problem last week.

Two Plea Deals Already In The Books In Cuellar Case

WaPo:

Two political operatives close to Rep. Henry Cuellar (D-Tex.) agreed to plead guilty this year and cooperate with the Justice Department’s bribery case against the lawmaker, according to newly unsealed court documents.

The records show that Colin Strother and Florencio “Lencho” Rendon struck the plea agreements in March, admitting to their roles in an alleged bribery scheme in which they funneled more than $200,000 to the congressman and his wife, Imelda Cuellar, on behalf of a Mexican bank. Strother and Rendon were each charged with conspiracy to commit money laundering.

Fascinating

Kevin Williams: I Went To China And Drove A Dozen Electric Cars. Western Automakers Are Cooked

Speaking Of Cooked …

The Guardian: “The largest ever recorded leap in the amount of carbon dioxide laden in the world’s atmosphere has just occurred, according to researchers who monitor the relentless accumulation of the primary gas that is heating the planet.”

Solar Storm Incoming

A coronal mass ejection is expected to trigger a severe geomagnetic storm today and overnight into tomorrow, which may make the aurora borealis visible at much more southerly latitudes than normal:

Raskin Goes Schoolhouse Rock On Grothman

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Trump’s Play For Jury Nullification Becomes Clear During Cross-Exam Of Stormy Daniels

NEW YORK — Attorneys for Donald Trump sought during hours of cross examination of Stormy Daniels on Tuesday and Thursday to portray her as a fabricator and extortionist, a woman with no regard for the truth who preyed on a rich man for a quick buck.

Continue reading “Trump’s Play For Jury Nullification Becomes Clear During Cross-Exam Of Stormy Daniels”

Trump Accountability Scuttled By Judges’ Manipulation, Prosecutors’ Self-Inflicted Wounds

Only an extraordinary cocktail of strategic delay, judicial scale-thumbing and good old fashioned bungling could leave just one of four Donald Trump felony indictment cases likely to conclude (and quite possibly even to start) before Election Day. 

That future, long looming, became even more concrete this week. 

Continue reading “Trump Accountability Scuttled By Judges’ Manipulation, Prosecutors’ Self-Inflicted Wounds”

Facts On the Dining Hall? Sabra Hummus was the Main Get For UCR Protestors

Earlier this month, University of California at Riverside, a campus in the UC system, reached a negotiated settlement with the encampment organizers on the campus which will allow the peaceful deconstruction of the university encampment. Initial reports suggested that UCR had in the agreement opened the door to possible disinvestment. But it’s more complicated than that. The individual UC schools don’t control their endowments. They are controlled by an investment office for the whole system. They agreed to create a task force to “explore the removal of UCR’s endowment” from that central office and if that can happen to invest “in a manner that will be financially and ethically sound,” with a particular emphasis on arms manufacturers.

Continue reading “Facts On the Dining Hall? Sabra Hummus was the Main Get For UCR Protestors”

San Francisco Sees Unusually Large Number Of Sea Lions At Pier 39

Tourists and locals know San Francisco’s Pier 39 as THE place to catch a glimpse of sea lions sunbathing on the docks. Earlier this month visitors got quite the show as unexpectedly large groups of sea lions hauled themselves onto the floating platforms. According to local officials, the sight and sound of the over 1,000 member group was the biggest showing of sea lions in the last 15 years. So what is drawing such large groups of the blubbering animals? It’s the large numbers of anchovies and herring present in the San Francisco bay ahead of the sea lion mating season.

How Republicans Went From The Tea Party, To ‘Stop The Steal,’ To The Next Big Election Conspiracy

The Republicans are getting the “Stop The Steal” band back together ahead of this year’s presidential race. 

Continue reading “How Republicans Went From The Tea Party, To ‘Stop The Steal,’ To The Next Big Election Conspiracy”

Trump Attacks the Jews as Biden Puts His Foot Down

“If any Jewish person voted for Joe Biden, they should be ashamed of themselves.” That’s ex-President Trump this morning as he headed into the courtroom in New York City. This is worth everyone taking a close look at. When Trump feels cornered and scared one of his go-tos is to lash out at American Jews. The overwhelming percentage of American Jews voted for President Biden in 2020. And there’s no pollster or political prognosticator who doesn’t think the same will happen this year. So this isn’t some hypothetical — if that happened they should be ashamed. It did happen and will again. While the precise percentage of American Jews voting for each party can shift a bit cycle to cycle, Jews are, along with African-Americans, the most consistent Democratic voting block in the country and have been so for the last century. And for this they should be ashamed of themselves, according to the Republican nominee.

Continue reading “Trump Attacks the Jews as Biden Puts His Foot Down”

Don’t Blame Jack Smith For The Erosion Of The Rule Of Law

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

It’s Not Supposed To Work This Way

U.S. District Judge Aileen Cannon being so obviously in the tank for Donald Trump in indefinitely postponing his Mar-a-Lago trial set off a new round of recriminations over various tactical decisions Special Counsel Jack Smith made in bringing the classified documents case.

Smith should have picked a different venue than South Florida! He should have had Cannon recused already! If Garland hadn’t been so slow, this wouldn’t be an issue now!

None of those are availing here, and they miss the larger point that for the rule of law to mean anything it must be sturdier and more enduring than a few tactical decisions by a single prosecutor in a single case.

We can take that notion one step further: A lot of commentary and analysis over the last year has insisted that you can’t rely on the criminal justice system to rid us of Trump – the election is the real tool to remove the Trump threat.

It would be pedantic to say there’s no truth to that, but at the same time it turns the rule of the law on its head for it be susceptible to the results of any one election. No one prosecutor, no one case, no one election should be able to determine the fate of the rule of law.

The rule of law isn’t supposed to be dependent on who wins or loses the presidency. It’s not supposed to turn in the wind like a vane. It is supposed to be lasting, immutable, and consistent. Presidents and prosecutors may come and go, but the principles underlying the rule of law must be resilient to those ephemeral real world changes.

What principles are those? That no one is above the law – and no one is below it either. That justice is meted out fairly without regard to party or ideology. That the rules of the game apply to everyone and aren’t selectively enforced. That the legal system isn’t a weapon to be deployed against one’s political adversaries. That the weakest benefit from the system as much as the most powerful, and that the most powerful are called to account same as the weakest.

Before you scoff at my idealism or naivete, of course these are aspirations. We fall short of them all the time. They’re ideals to be pursued, not a destination we’ve arrived at. The consensus around those principles does ebb and flow, but the principles themselves haven’t been under sustained attack at the level in this way perhaps ever in our history (again, excepting out the consensus’ historic blindness to minorities and disfavored groups). It’s a measure of how far we’ve sunken that we’re squabbling over which tactic, hack, or clever trick we should deploy to shore up the erosion of the rule of law.

We’re in a very bad place when it’s widely agreed that the rule of law hangs in the balance in the 2024 election, as it did in 2020. The democratic experiment cannot long endure if one of the two major political parties is itself anti-democratic. Democracy itself can’t regularly be on the ballot. The democratic consensus must be deeper and broader than that for the rule of law to survive.

The Ongoing Threat Of Another Coup

WaPo: Top Republicans, led by Trump, refuse to commit to accept 2024 election results

Quote Of The Day

Donald Trump is the first American presidential candidate to explicitly threaten the democratic system on which a free press depends. He could win. Considering the stakes for the country, that ought to be the campaign issue that dwarfs all others.

Veteran reporter John Harwood

Liveblogging The Cross-Examination Of Stormy Daniels

TPM’s Josh Kovensky is back at the courthouse this morning, where he’ll be liveblogging Day 2 of the testimony of Stormy Daniels. Her continued cross examination by Trump’s lawyer is expected to be hard-hitting. You can follow along in real time here.

The Complexities Of Sexual Violence

Amanda Marcotte: Stormy Daniels testimony reveals the triumph of #MeToo

Yup

Philip Bump: Trump’s classified documents trial blown apart by Cannon

Georgia RICO Case Ain’t Happening Before Election Either

An appeals court in Georgia has agreed to take up Donald Trump’s appeal of the trial judge’s decision not to disqualify District Attorney Fani Willis from the case over her affair with one of her prosecutors, adding new delays to a case that was already looking likely to spill over into 2025.

MTG Fails To Oust Speaker Johnson

House Speaker Mike Johnson (R-LA) easily survived a GOP mutiny led by Rep. Marjorie Taylor Greene (R-GA). Only 10 Republicans joined her in voting to oust Johnson, while Democrats overwhelmingly voted to save him.

FreedomWorks Is Shutting Down

While the Tea Party era was a forerunner of Trump, it’s not the same as MAGA-ism, and the latest proof of that is the shuttering of FreedomWorks announced yesterday.

Helmed in its heyday by former House Majority Leader Dick Armey (R-TX), FreedomWorks could not survive in the Trump era, a remnant of an earlier still-poisonous brand of Republican activism but not in the same league as MAGA.

Important

NYT: How Republicans Echo Antisemitic Tropes Despite Declaring Support for Israel

Ya Don’t Say?

Politico: “The U.S. oil industry is drawing up ready-to-sign executive orders for Donald Trump aimed at pushing natural gas exports, cutting drilling costs and increasing offshore oil leases in case he wins a second term, according to energy executives with direct knowledge of the work.”

When MAGA Bites Its Own

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