Ken Chesebro Has A Whole Lotta ‘Splaining To Do

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

New Warrants Issued For Chesebro’s Social Media Accounts

As TPM first reported in February, Trump campaign lawyer Kenneth Chesebro had an anonymous Twitter account under the handle Badger Pundit that he used in the run-up to Jan 6. Shortly thereafter, CNN reported that Chesebro had failed to tell prosecutors with whom he was cooperating about the social media accounts.

That partial truthiness now seems to have landed Chesebro in additional hot water in the Michigan fake electors probe, CNN now reports:

Google and X, formerly Twitter, recently provided hundreds of files to Michigan prosecutors for their 2020 election subversion probe, complying with search warrants that investigators obtained after CNN revealed secret social media accounts belonging to pro-Trump lawyer Kenneth Chesebro, who played a major role in the fake electors plot. …

The search warrants to Google and X were executed in March, shortly after CNN reported that Chesebro had concealed some of his social media accounts from prosecutors during his cooperation session last year. Chesebro has not been charged in Michigan, and he has pleaded guilty in Georgia’s election interference probe.

It’s not clear if the Michigan probe is now targeting Chesebro, turning his would-be cooperation into a new avenue of legal jeopardy for him. Chesebro’s lawyer, speaking after the new CNN report, played down the latest development and suggested they didn’t fight the warrants. “There is no legal jeopardy — we have been cooperating the whole time,” Manny Arora said on MSNBC.

Trump Trial Resumes Today

It’s going to be a herky-jerky week in the Trump hush money trial, with trial only today, Thursday, and Friday. TPM’s Josh Kovensky will be covering the trial for us all week.

Deserved

Philip Bump: Bill Barr doesn’t mind a little autocracy if your politics are right

Michael Cohen Wins Retraction From OAN

The far-right One America News cable net has retracted a false claim it published that it was Michael Cohen who had actually had a dalliance with porn star Stormy Daniels. Cohen had recently retained a defamation lawyer to handle the March 27 OAN report.

Hunter Biden Threatens To Sue Fox News

Lawyers for the president’s son have told Fox News that they plan to sue the network “imminently” over its coverage of him:

Biden has hired attorney Mark Geragos and his firm to represent him in the Fox litigation efforts. The letter is the second outreach to Fox this month. An earlier letter was hand-delivered to Fox’s counsel two weeks ago, and the network asked for more time to respond, according to a source familiar with Biden’s legal efforts. The network has not yet responded to the letter sent April 23, which included a Friday evening, April 26, deadline to respond, according to Geragos. The letter is signed by Tina Glandian, a partner at Geragos & Geragos working on the case.

The plan to sue Fox News has been in the works for a while, NBC News reports, but was reinvigorated by the indictment of former FBI informant Alexander Smirnov for making false claims about the Bidens. Many of Smirnov’s bogus bribery claims against the Bidens were laundered through House Republicans and Fox News.

Campus Protests Watch

  • At Columbia University, students protesting over Israel-Gaza took over and barricaded themselves in an academic building overnight after the school began suspending students who refused to leave a pro-Palestinian encampment on campus.
  • At Virginia Tech, more than 80 protesters, 53 of whom were students, were arrested Sunday night into Monday morning.
  • The WaPo has a rundown on which campuses nationwide have seen arrests.

Student Revolt And The Curtailing Of Critical Speech

Thomas Zimmer:

And yet, in the face of such outrageous suppression of protest through state agents, the powerful phalanx of elite opinionists who have told us for about a decade now that the “free speech crisis” on college campuses is a clear and present danger to freedom and democracy has had nary a critical word to offer. On the contrary, the crackdown at Columbia, specifically, has garnered an enthusiastic response from such prominent members of the “free speech crisis” industrial complex as Caitlin Flanagan and John McWhorter who have sided unequivocally with the authorities. The same circles who have been presenting themselves as uncompromising fighters for free speech, imploring us to understand that speech must not be curtailed just because you (on the Left!) may disagree with it, are now fully on board with speech they don’t like being suppressed by the state. Weird, huh?

Bad All Around

Rep. Bill Posey (R-FL) qualified for re-election two months ago, then on the last day of qualifying a GOP ally of his quietly filed to run in the primary against him, and when the filing deadline passed at noon, Posey dropped out of the race and endorsed his ally for his seat.

These kinds of shenanigans around qualifying for elections have been going on forever, but I still loath them. They were real common in the South when elected Democrats were switching en masse to the Republican Party: Switch parties right before qualifying and deprive both parties of the chance of challenging your big move. Now these schemes are usually more geared to letting electeds or their parties pick successors and install them without the chance to muster any opposition.

‘I’ve Decided To Bring Kitara Out Of The Closet’

The Hill: George Santos hawking Cameo videos with his drag queen alter ego

It’s Go Time NOW

With time of the essence to transition to a carbon-free energy economy, the Biden administration is moving to speed up regulatory approval for clean energy projects while giving greater scrutiny to projects with potential damaging climate effects.

Go Grizzlies!

A Grizzly bear catches salmon for dinner in a river in British Columbia, Canada. (Photo by: Matthew Bailey/VWPics/Universal Images Group via Getty Images)

The federal government is planning to restore grizzly bears to their native range in the North Cascades, where the last confirmed grizzly sighting was in 1996.

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Trump Is Souring On Kari Lake

The Washington Post published a new story Monday revealing that Donald Trump has all but ruled out choosing Arizona Senate candidate and election denier Kari Lake as his running mate, despite months of speculation that she may be one of his top choices for VP. And his reason for souring on the loyal MAGA extremist is about as Trumpian as it gets.

Continue reading “Trump Is Souring On Kari Lake”  

Sunken Town In The Philippines Reemerges Due To Drought

In the 1970s, the construction of a dam in Nueva Ecija province, Philippines, submerged the town of Pantabangan. In recent weeks drought conditions have depleted water levels in the dammed reservoir, revealing the submerged town and drawing visitors who battle the heat to see the ruins. This marks the sixth time the nearly 300-year-old town has made an appearance since its disappearance in the 1970s.

A Few Thoughts on the Situation in Israel-Palestine and on the Campuses

I wanted to share a few thoughts on the ongoing crisis and mess in Israel-Palestine and also on America’s elite college campuses.

First, a thought on the campus situation and this question of whether these protests are tainted by anti-Semitism. I know most about the situation at Columbia, which certainly isn’t to say I’m an expert on it. To me it seems clear that non-students operating on the periphery of the campus have been responsible for the most egregious comments or incidents that almost no one would deny are anti-Semitic. There’s been some of that from students on campus, usually in heated instances when visibly Jewish students are in the proximity of protesters.

Continue reading “A Few Thoughts on the Situation in Israel-Palestine and on the Campuses”  

Federal Judge Directs His Scorn At Trump’s Courtroom Behavior

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

A Little Housekeeping

I promised to circle back on some of the notable news last week that was drowned out by the major stories of the day. This is an effort to sweep up some of those loose ends.

Judge Puts Trump On Full Blast

With all the other news last week, you may have missed the withering treatment Donald Trump received from the federal judge in the E. Jean Carroll defamation case.

U.S. District Judge Lewis Kaplan rejected Trump’s motion for a new trial and upheld the $83 million damages award in Carroll’s favor. In doing so, the judge raked Trump over the coals for his ongoing defamation of Carroll, his repeated instances of defamation, and his demeanor during the trial.

The full opinion is here.

The judge rejected Trump’s use of comparable cases to argue that the compensatory damages awarded Carroll were excessive: “None of these prior examples involved publication of defamations as widespread and destructive as Mr. Trump’s defamation of Ms. Carroll, and none involved a publisher of defamation who was a president of the United States or anyone nearly as high-profile.”

But it was Trump’ conduct in court that drew the most ire from the judge. In finding that the punitive damages awarded Carroll were appropriate, the judge wrote:

But beyond his out-of-court statements disparaging Ms. Carroll during trial — many of which were introduced in evidence — the jury could have found that Mr. Trump’s demeanor and conduct in the courtroom itself put his hatred and disdain on full display. Mr. Trump could be heard repeatedly complaining to his counsel about the proceedings, so much so that plaintiff’s counsel twice requested that the Court instruct him to stop. In particular, during Ms. Carroll’s testimony, the jury could have found, Mr. Trump could be heard making audible comments that Ms. Carroll’s testimony was false, that the proceedings were a “witch hunt” and a “con job,” and most notably, that his earlier statements disparaging Ms. Carroll were “true.” And, most dramatically, mere minutes after plaintiff’s counsel began her closing argument, Mr. Trump conspicuously stood and walked out of the courtroom for no apparent reason save to evidence his disapproval, though he was present again when Court resumed later that morning and remained for his own counsel’s entire summation.

This case will be wending its way through appeals for a while, so don’t expect Carroll to begin collecting on her judgment any time soon.

No Trump Trial Today

The hush-money trial resumes Tuesday.

Meanwhile, TPM’s Josh Kovensky assesses the two days of cross examination of former National Enquirer publisher David Pecker by Trump lawyer Emil Bove.

Arizona Fake Elector Elected To RNC

CNN: “Arizona state Sen. Jake Hoffman, one of the so-called fake electors charged in the Arizona 2020 election subversion case, announced Saturday that he’s been elected as a Republican National Committee national committeeman for the state.”

Trump II Takes Aim At The Fed, Too

WSJ: “Donald Trump’s allies are quietly drafting proposals that would attempt to erode the Federal Reserve’s independence if the former president wins a second term, in the midst of a deepening divide among his advisers over how aggressively to challenge the central bank’s authority.”

What Being A Target Of Trump Looks Like

Lisa Page, the former FBI attorney whose affair with Peter Strzok became endless fodder for Donald Trump delegitimization of the Mueller investigation, was in court last week trying to convince a judge to do more to protect her from a stalker about whom the FBI had allegedly failed to warn her:

In mid-December, Mr. Perez showed up at least four times at Ms. Page’s house in Washington, making a bizarre claim that she had been witness to his childhood sexual abuse, even though the two had never met, according to a warrant from the Metropolitan Police Department. During one visit, he interacted with Ms. Page’s 11-year-old son.

The man pleaded guilty to misdemeanor stalking and was barred from the DC area for six months and ordered to attend six therapy sessions.

ICYMI …

Mother Jones: “In a little-noticed court filing earlier this month, federal prosecutors described Steve Bannon as a “co-conspirator” in a massive criminal fraud and racketeering case against a flamboyant, far-right Chinese fugitive, compounding the legal headaches of the former Donald Trump adviser.”

‘Turning The Oval Office Into The Seat Of Criminal Activity’

Still reeling over that insane Supreme Court argument on presidential immunity Thursday. Two moments standout as especially jarring, for totally opposite reasons.

The first is Justice Samuel Alito going to the unthinkable place that without immunity presidents may just never leave the Oval Office:

The second is Ketanji Brown Jackson fully appreciating the real impact of Alito’s ahistorical line of thinking:

Others also still sifting through the rubble of that oral argument:

  • Steve Vladeck:  “I’m worried because there appear to be five or more justices who think that they have an obligation to do more than is required in the instant case—apparently without regard for the very real institutional and political costs such a move could (and, I fear, would) incur.”
  • Politico: Trump immunity fight turns Supreme Court textualists topsy-turvy
  • Marty Lederman: A few preliminary reactions to the oral argument in Trump v. United States

An Especially Chilling Death Penalty Case

Chris Geidner reports on an unusual case where the Republican attorney general of Oklahoma can’t convince a state court to throw out a death row inmate’s conviction, despite admitted prosecutorial misconduct, so is now seeking relief from the Supreme Court.

2024 Ephemera

  • WaPo: “Former president Donald Trump and Florida Gov. Ron DeSantis met privately Sunday morning in Miami, according to people familiar with the matter, breaking a years-long chill between the presumptive Republican nominee and his onetime chief primary rival.
  • MI-Sen: Former Rep. Peter Meijer (R-MI) has dropped out of the GOP primary for U.S. Senate.
  • NYT: Donald Trump Has Never Sounded Like This
  • Sign of the times:

Strange Times

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UAW Wins Big At Volkswagen In Tennessee – Its First Victory At A Foreign-Owned Factory In The South

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.

A decisive majority of the Volkswagen workers employed at a factory in Chattanooga, Tennessee cast their ballots in favor of joining the United Auto Workers union, the German automaker announced on April 19, 2024.

Continue reading “UAW Wins Big At Volkswagen In Tennessee – Its First Victory At A Foreign-Owned Factory In The South”  

Cash-Strapped Election Offices Have Fewer Resources After Bans On Private Grants

This article was originally published at Stateline.

This month, Wisconsin joined 27 other states that have banned or restricted local governments’ use of private donations to run cash-strapped election offices, buy voting equipment or hire poll workers for Election Day.

All of the state laws came in the past four years, pushed by conservative lawmakers and activists who claim that Democratic voters disproportionately benefited from hundreds of millions of dollars in grants primarily funded by Facebook founder Mark Zuckerberg and his wife, Priscilla Chan, during the 2020 presidential election.

Courts and federal regulators have rejected those claims, but the debate over the role of outside money reveals a broader worry among election experts, who say there are significant shortcomings in local government funding of election offices. That includes not just Election Day duties and vote counting, but also the year-round administrative work of maintaining voter rolls and taking care of and updating voting equipment.

This isn’t a situation where we can just overcome it with pure grit and buck up and get it done. We need the tools to get it done.

– Dusty Farmer, election clerk of Oshtemo Township, Mich.

Local municipal budgets are tight, and they vary depending on the tax base. It can be hard to justify a new ballot-counting machine when there are potholes to fix or schools to fund.

The ongoing funding uncertainty is untenable, said Tammy Patrick, the chief executive officer for programs at the National Association of Election Officials. Election officials need to have consistent funding to know they can replace outdated equipment and provide a secure and efficient voting experience, she said.

“Ultimately and ideally, we wouldn’t need to run such a critical function of our democracy relying on volunteers or donations,” said Patrick, who is leading a national initiative to promote election funding. “Everyone wants our elections to be secure, accessible, legitimate. And in order to have that, we have to support our election administrators.”

Funding democracy

Counting ballots at 2:30 a.m. on election night in 2020, Dusty Farmer, the election clerk of Oshtemo Township, Michigan, realized she should have chosen a high-speed ballot tabulator.

When Michigan voters amended the state constitution in 2018 to allow for voting absentee without having to provide an excuse to officials, the number of mail-in ballots shot up and townships had to find a way to process those new ballots. Farmer opted for the less expensive, slower ballot processors.

After two years of lobbying her local board, she was able to secure the $40,000 high-speed counting machines last year — a “big investment” ahead of the 2024 election, she said.

“This isn’t a situation where we can just overcome it with pure grit and buck up and get it done,” Farmer said. “We need the tools to get it done.”

Money from Congress has been limited. This year, congressional leaders agreed to provide $55 million in election grant funding for states to distribute locally. That is around as much as Los Angeles County alone spent conducting a gubernatorial recall election in 2021.

State and local election officials could breathe easier about some of the cybersecurity challenges if they had more funding from Congress, Arizona Democratic Secretary of State Adrian Fontes said to a room of fellow secretaries of state at a Washington, D.C., meeting in February.

“This is an unfunded federal mandate, the only part of our critical infrastructure that does not have sustained federal funding,” he said.

State money for elections varies widely. Lawmakers in some states do not allocate any of their budget to local election officials. In many cases, states just distribute federal grants for improving election security or as reimbursement for new equipment. Often, however, states hold onto federal grants dollars because they are unsure when the next installment from Congress might come.

Other states do allocate some local election funding in their budgets, but often not at a level that would allow for major equipment replacement, said Matthew Weil, executive director of the Democracy Program at the Bipartisan Policy Center, a D.C.-based think tank.

States such as Alabama, Colorado, Hawaii and Louisiana also reimburse localities for a portion of elections where statewide candidates are on the ballot, according to the National Conference of State Legislatures. Alaska and Delaware pay for all expenses of state and federal elections, while other states will pay for statewide special elections or presidential primary elections.

Funding elections mostly at the local level is not the model that is going to work for the future, Weil said.

But asking state governments to use their limited budgets on election equipment is politically tough, he added; it’s hard to cut a ribbon on a new $100 million voting system. Local governments spend as much on elections as they do to maintain parking facilities, according to a report by the MIT Election Data and Science Lab to the U.S. Election Assistance Commission in 2021.

“I don’t necessarily disagree with banning private funding in elections,” Weil said. “But that does require that counties, states and the federal government step up and fund elections at the levels they need to provide the services that voters have come to expect.”

Banning private money in elections

Four years ago, as thousands of Americans died every day during the height of the COVID-19 pandemic, local election officials hurriedly prepared for the 2020 presidential election, not knowing whether they had the money needed to allow voters to safely cast a ballot and for their staff to safely count those votes.

Foreseeing a democratic disaster, the Center for Tech and Civic Life, a Chicago-based nonprofit, used $350 million from Zuckerberg and Chan to hand out grants to nearly 2,500 local election offices across 49 states.

Local clerks, like Robin Cleveland of Williamstown Township, Michigan, used that money to buy personal protective equipment, pay and train temporary election workers, and run voter education campaigns.

The $5,000 private grant was essential for getting “desperately needed” supplies for her small community east of Lansing, Cleveland said. Though she feels supported by her township board, she has not been able to pay election workers more competitive wages nor replace “ancient” equipment — except in 2018, when she got a federal grant for new ballot tabulators.

“Basically, the money has to come from somewhere if we’re going to have safe, secure and accurate elections,” she wrote to Stateline in an email about private grants.

In Wisconsin, more than 200 communities received a collective $10 million in private grants. Green Bay, Kenosha, Madison, Milwaukee and Racine — the state’s most populous cities — received 86% of that money, according to a report by the Wisconsin Institute for Law & Liberty, a conservative litigation group that supported the ballot question to ban private donations for election administration. Those five cities accounted for nearly 18% of the state’s total registered voters.

It was important to prevent outside groups from potentially dictating terms for grants or giving the impression that the money is helping a certain political party, said Rick Esenberg, president of the Wisconsin Institute for Law & Liberty.

“It creates an appearance of impropriety, and it undermines confidence in the outcome of the election,” he said. “Elections are a public function that have to be undertaken with scrupulous neutrality.”

Esenberg doesn’t think elections are underfunded. If local election officials feel like they need more money, he said, they should go to their state legislature.

Voters approved the state’s new constitutional amendment by more than 54%.

Of the 28 states that have now enacted bans, only Pennsylvania supplemented its measure with more election funding. In 2022, then-Democratic Gov. Tom Wolf signed into law the compromise measure, which invested $45 million in local elections.

‘A total lifeline’

Before Wisconsin’s ban went into effect, Cities Forward, a nonprofit based in the state, awarded an $800,000 grant to Milwaukee for new ballot tabulators, text messaging services to reach voters and polling place upgrades. Madison was also able to spend $1.5 million from Center for Tech and Civic Life and U.S. Alliance for Election Excellence grants before the ban went into place.

The need hasn’t dissipated, said Tiana Epps-Johnson, founder and executive director of the Center for Tech and Civic Life, the nonprofit that drew conservative ire. Election officials need equipment, such as fast-counting ballot processing machines, to prevent delays in results that can fuel misinformation, she said.

“We hear from election officials in every corner of the country who are severely underfunded,” she said. “Right now, election officials run the risk of having equipment that is not up to the task of the demand that they’re going to see from voters this fall.”

Although the Center for Tech and Civic Life is not issuing grants this election cycle, it is a founding partner of the U.S. Alliance for Election Excellence, which has been distributing money to local offices in states that allow it in the years since the last presidential election.

Macoupin County, Illinois, a downstate farming community halfway between St. Louis and Springfield, recently received a $500,000 grant to create a new early voting center — an amount equivalent to two years of the county’s election budget.

The voting center, which opened in January, is in a building that used to house an insurance agency and law office. It sits across the street from the courthouse, where early voters used to have to cast ballots in cramped hallways, next to people waiting for their court dates. Election equipment was stored under staircases in a hallway or in the boiler room.

“It was a total lifeline that otherwise never would have happened,” said Pete Duncan, the county clerk. “While we would love for it to have been federal or state funding that came in to help get this accomplished, that’s just not something that the feds or states are interested in doing.”

This article was originally published at Stateline. Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and Twitter.

Peering into the Corrupt Court’s Pretensions and Corruption

There were so many things that happened yesterday in the Supreme Court’s hearing on presidential immunity that it’s hard to know where to start. But one part that captured it for me was Sam Alito’s line of argument that presidential immunity might be necessary to make it possible for presidents to leave office voluntarily, or that not having some broad grant of immunity would make refusal to leave office more likely. Here’s one of the quotes: “If an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is gonna be able to go off to a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy? And we can look around the world and find countries where we have seen this process, where the loser gets thrown in jail.”

Continue reading “Peering into the Corrupt Court’s Pretensions and Corruption”