Scenes from the Israel-Hamas War: A Dismal Miscellany

On Tuesday in the Michigan primary we had a protest vote that was nominally about forcing President Biden either to demand or actually force a permanent ceasefire in the ongoing fighting in the Gaza Strip. I’ve written a lot about the pros and cons of this both on the ground in Israel-Palestine and within U.S. domestic politics. That dynamic however shouldn’t obscure a greater and more immediate reality, which is that even on its own terms, the current Israeli operation in Gaza has largely reached a point of diminishing returns. It is Israel which desperately needs the U.S. to put an end to it.

This isn’t to say that there are not still legitimate military goals Israel has. The Hamas leadership is still holed up in Rafah. The hostages, imprisoned for four months, are still held captive there. Hamas as a military force is clobbered but not yet broken. But as is always the case, military action is a tool to accomplish political ends. Military action which makes sense on its own terms can be revealed as folly when viewed through a broader and more consequential political prism. Tom Friedman covered a lot of this in his most recent column from a couple days ago.

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SCOTUS Tees Up Trump Question That Could Take A Lot Of Mulling To Answer

One year after Jan. 6, legal scholars were tussling over a weighty theoretical question: When can a President be prosecuted? Were Donald Trump’s actions in the run-up to the storming of the Capitol enough for him to be civilly — or even criminally — liable?

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Sarah Huckabee Sanders Has Finally Offered An Explanation For Her Super Bowl Extravaganza 

The office of Arkansas Gov. Sarah Huckabee Sanders (R) has issued a statement about her trip to the Super Bowl following a TPM report that highlighted the high costs of her tickets and the ethical questions raised by her big night at the big game. According to a written statement Sanders’ spokesperson, Alexa Henning, provided to the Arkansas Democrat Gazette newspaper, the governor and her family of five “were in the upper level, not a suite” as they cheered on the victorious Kansas City Chiefs.  

“And no taxpayer money was used for tickets to the game for her security detail,” Henning added. 

As a public official, Sanders is subject to regulations that bar her from receiving gifts valued over $100. She had also faced prior controversies related to her use of taxpayer funds. Her family’s big night at the most expensive football game of all time brought up all of these issues — particularly because Henning did not respond to any questions (including multiple inquiries from TPM) about how the governor obtained tickets. 

In fact, much remains unanswered following Henning’s statement — including questions about field passes the family flaunted at the Super Bowl, prior instances where Sanders posted social media photos in which she appeared to be enjoying extraordinary access to Chiefs games, and whether any of this needed to appear on her required financial disclosure documents. The disclosure requirements matter because, even if Sanders did indeed ultimately pay her own way, there are substantial indications she received perks at the Super Bowl and another Chiefs game that were not available on the open market and could be considered a gift for regulatory purposes. 

Sanders’ office did not immediately respond to renewed questions from TPM, following the Wednesday statement, about these details and others. 

Sanders published video and pictures on her Instagram page on Feb. 12, the day after the big game in Las Vegas. The post showed what Ken Solky, one of Sin City’s top ticket brokers, described to TPM as seemingly “not just a suite but a pretty damn good suite.” Arkansas Times Investigative Reporter Matt Campbell also analyzed the clips in a thread on Twitter and pointed out evidence Sanders’ video appeared to be filmed from the suites. 

Henning did not respond to an email asking her to address evidence suggesting that her claim the governor was “in the upper level, not a suite” did not give the full picture. The precise location where Sanders, her husband, and their three children sat raises questions because it would affect the value of her tickets. According to Solky, suite seats had a minimum face value of $37,500 each, which would mean the family’s trip was worth $187,500. Even if they were in cheaper seats, it was still an expensive evening. The cheapest face value tickets were reportedly $2,000 each, which would put the Sanders’ tab at $10,000. 

The governor’s husband, Bryan Sanders, is a Kansas native and the family are ardent Chiefs fans. Sanders may have, as Henning claimed, paid for all of this herself, but tickets were just one part of the family’s Super Bowl experience. 

On Instagram, Sanders posted pictures of her family at pre-game parties and hanging out on the field — including for the halftime show featuring R&B singer Usher. They displayed passes for each of these things including some branded with the Chiefs logo that, according to Solky, were given to the team and other insiders. In her statement, Henning said Sanders would not include any gifts related to the Super Bowl on her financial disclosure for this year, which will be made public in 2025. However, even if she paid for them, if she received passes that were not available on the open market from a private source, that would constitute a gift, experts told TPM. Henning did not respond to follow-up questions from TPM about the Chiefs-branded passes the family displayed in Sanders’ post. 

Theoretically, some of the special Super Bowl passes given via the team could have ended up for sale on the secondary market. If Sanders purchased them there, they would come at a steep markup, but would not be considered a gift, and might not require disclosure. 

However, prior to the Super Bowl, Sanders enjoyed a Chiefs game where she clearly seems to have been given special access by the team. 

As TPM reported, last November, Sanders posted another set of pictures on Instagram showing her family taking in the team at Arrowhead Stadium in Kansas City. Based on details in the photos, the Sanders clan was in attendance when the Chiefs lost to the Philadelphia Eagles and they were sitting in owner Clark Hunt’s private suite. Sanders even posed for pictures with Hunt’s wife, Tavia. The Hunts and the Chiefs’ communications team did not respond to questions about how Sanders ended up in the owner’s suite. Of course, Henning also did not respond. 

Making it into the owner’s private box would seemingly require being given special tickets. Of course, the owner might not necessarily have to pay an individual price for guests in their own suite. Graham Sloan, the director of the Arkansas Ethics Commission, which is responsible for evaluating complaints about potential violations of the rules on gifts, told TPM that any suite tickets that were free for the giver would be valued as much as the highest price standard seat at that game for regulatory purposes. In spite of this, Sanders’ 2023 statement of financial interest, which was released earlier this month, did not make any mention of the game at Arrowhead. 

Henning did not address the 2023 game where Sanders apparently sat in the owner’s box in her statement. She did not answer follow-up questions from TPM about why it was absent from Sanders’ financial disclosure, which listed several far less expensive gift items.  

Along with making headlines, TPM’s report on Sanders’ Super Bowl extravaganza has raised questions from experts and even inspired memes in Arkansas. The reaction has been fueled by prior scandals over Sanders’ spending including her infamous, approximately $19,000 podium (or lectern for those of you in the grammar police) and a college football party she hosted with about $13,000 in taxpayer funds. Amid the mounting questions over her spending, Sanders backed an effort in 2023 to curb Arkansas’ Freedom of Information Act that makes it much harder for reporters to obtain the records that might help answer all the questions left unanswered by her response to Podiumgate and/or Lecterngate, and, now, the emerging Chiefsgate. 

Super Bowl trips have proven, in recent years, to be a thorny issue for politicians. Similar concerns about the cost of a trip Gov. Mike DeWine (R) and his wife took to the 2022 Super Bowl have prompted fallout in Ohio. After TPM’s report on Sanders, Ohio State Rep. Elliot Forhan (D) reached out to say he is introducing a bill in that state’s legislature on Thursday that would create an exception that would designate as a public record documents related to expenses the governor and anyone in their party incurred while attending entertainment or sporting events. Forhan’s bill, which would help reporters and members of the public to monitor the cost for these trips, is called the “Super Bowl Entourage Expense Act.”  

In Arkansas, it is unclear whether Henning’s questionable explanation will be enough for Sanders’ critics and colleagues. On Wednesday, Sloan, the Ethics Commission director, told TPM he could not comment on whether his office had received any complaints related to the Super Bowl or Sanders’ 2023 trip to watch the Chiefs. 

An audit of Sanders’ podium purchase is expected to be completed by a subcommittee of the state’s Legislative Joint Auditing Committee by the end of March. Rep. Jimmy Gazaway (R), one of the committee’s co-chairs, told TPM there are no plans to audit Sanders’ Chiefs trips. However, if there is pressure from lawmakers, that might change. 

“As with any request, if a member makes a request for an audit, we’ll take it under consideration,” Gazaway said. 

Mitch McConnell: Some Thoughts on Mastery, Destruction and Minority Rule

Mitch McConnell is one of those perhaps historic figures for whom the greatness of his skill and impact are matched only in inverse by the malignity of his impact on our politics. To put it more brashly, McConnell was great at doing political evil. There is now a kind of rearguard effort to remake McConnell as an institutionalist, a last vestige of the pre-Trumpian GOP. And on that last point, being a vestige, there’s some truth. On being an institutionalist, not at all.

Mitch McConnell’s great legacy is the thorough institutionalization of minority rule in U.S. politics, especially at the federal level. The first and most obvious part of that is that McConnell, more than anyone else, is the man who broke the United States Senate, largely by domesticating the filibuster. No more a wild bull kept out in the stockade for ugly moments but now living within the household, almost a family member, though no less dangerous and wild.

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What To Make Of The Supreme Court Taking Trump’s Immunity Case?

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

Time Keeps On Slipping Into The Future

The Supreme Court decision to take up Donald Trump’s claim that the president is immune from criminal prosecution is not in and of itself surprising, shocking, or dismaying. But a few things have happened along the way that made the reaction to its order late yesterday more emotionally weighted than it might otherwise have been. And they all have to do with timing.

First, way back on Dec. 22, 2023, the Supreme Court declined to bypass the appeals court and take the case directly, as Special Counsel Jack Smith had asked.

Second, after the appeals court ruled and the parties submitted their filings on whether the Supreme Court should now take it up, the high court sat on the case for an two additional weeks before deciding to take it.

The combination of those two decisions – not taking the case in December and not quickly taking the case more recently – let precious weeks slip by that make it increasingly difficult to squeeze in the trial of Donald Trump for using the powers of his office to cheat to win in 2020 before he faces voters again in 2024. Difficult but not impossible.

Is the six-justice conservative majority on the Supreme Court engaged in slow-rolling the prosecution of Donald Trump as a partisan and ideological exercise in protecting one of their own?

I can’t rule it out, but on balance I think the answer is probably no. But it’s hard to be conclusive because the way this is playing out, slowly over an extended period of time, makes it hard to pinpoint exactly what is happening and what the intent is. If I were trying to do such a thing, I likewise would be attempting to do it in a way that obscured my motive and made it seem like a function of procedural necessities.

I still lean more toward there being a lack of appreciation for the stakes, for the consequences of delay, and for the gravity of the historical moment that has plagued the reaction to Trump since 2015 across all sectors of society. Now it’s the judiciary’s turn to slowly awaken to the existential threat. It’s maddening, to be sure. It’s not a satisfying analysis. It’s inexcusable. But here we are.

What did surprise me a little yesterday was the informed reaction to the Supreme Court decision. People were more shocked than I expected. I suspect that’s because the second delay I mentioned above had raised expectations among observers that the court was going to decline to take the case and let the DC Circuit Appeals Court decision against Trump stand, and that the dissenters were being given time to pen their dissents. That would have been a reasonable tradeoff. Instead, we got the delay in deciding plus the additional delay of the Supreme Court now asking for briefs and hearing oral arguments and penning a monumental decision.

I still can’t let myself entertain a scenario in which the Supreme Court finds the president immune from prosecution for the things that Trump did. It would eviscerate the rule of law, turn a Constitution written in no small part as a reaction to monarchial tyranny on its ear, and put the president on an elevated footing compared to the other two branches.

So if I’m correct that even this court won’t go that far, we are left with counting the days until the November election and wishing, hoping, and praying that the courts leave themselves enough time to do what the courts are supposed to do. They are cutting it exceedingly close.

Trump Disqualified From Illinois Ballot

A state judge in Chicago has barred Donald Trump from appearing on the GOP primary ballot in Illinois under the Constitution’s Disqualification Clause, but she stayed her ruling pending his appeal.

The Supreme Court is expected to rule at any time on a similar case out of Colorado.

Show Me Da Money

A New York appeals judge rejected Donald Trump’s bid to post a mere $100 million bond to forestall execution of the massive $454 million penalty against him from his civil fraud case. Trump will get another bite at the apple next month before state Attorney General Letitia James is expected to begin trying to collect on the judgment.

Trump Prosecution Miscellany

  • The full 11th Circuit Court of Appeals declined to rehear Trump White House Chief of Staff Mark Meadows case for removal of the Georgia RICO case to federal court.
  • In DC bar proceedings against former Trump DOJ official Jeff Clark, the DC Circuit Court of Appeals on Monday blocked a subpoena by DC bar authorities of Clark as a violation of his Fifth Amendment right not to have testify against himself.
  • In the same proceedings against Clark, a DC bar committee on Wednesday said it will allow – over his objection – testimony of high-level Trump administration figures, including former acting Attorney General Jeffrey Rosen, his deputy Richard Donoghue and former White House deputy counsel Patrick Philbin.

McConnell’s Legacy

Facing personal health setbacks and a party taken over by Donald Trump, Senate Minority Leader Mitch McConnell’s long run is coming to an end:

McConnell will remain as leader until Republicans pick a new one after the November election, and he will serve out the remainder of his Senate term, which ends in 2027.

I’ll have more to say on McConnell in the coming days. I don’t go for the hagiographic treatment that so often accompanies the changing of the guard. Letting bygones be bygones is probably essential to getting things done in politics, but that’s not the role of the press.

There are few things that were commendable about McConnell’s years of public service, but he was a central figure of the last two decades in American politics. More to the point, McConnell was the architect of the anti-majoritarian, rump factionalism that came to define the GOP after Obama was first elected.

Quote Of The Day

Believe me, I know the politics within my party at this particular moment in time. I have many faults — misunderstanding politics is not one of them.

Senate Minority Leader Mitch McConnell, announcing that he will step down as leader

Excellent Point

My former colleague Cameron Joseph observes of McConnell’s stepping down: “If Trump wins in 2024, there will be almost no Republicans left in positions of power who are willing and able to stand up to him on anything significant. This is a major moment.”

GOP-Driven Shutdown Probably Avoided For Now

A deal was reached to avert a government shutdown this weekend, but it will again require a heap of Democratic votes for Speaker Mike Johnson (R-LA) to get it through the House, where a vote is expected this afternoon.

Senate Republicans Block Bill To Protect IVF

Sen. Cindy Hyde-Smith (R-MS) refused to give unanimous consent to quick passage of a Democratic-sponsored bill to protect access to IVF treatment.

The IVF Ruling Is About Who Gets To Raise Your Children

Dahlia Lithwick:

What we witnessed in Alabama wasn’t simply a continuation of a decadeslong fundamentalist religious project to conscript women into having babies, whether they wish to or not. Our imaginations must expand to see this as of a piece with an older and more pernicious American tradition in which the state decides who gets to raise your children, regardless of your preferences—because your own family is not actually in your control, but subject to the state’s seizure and redistribution to those who might raise them better than you will.

Our Theocratic Future

Linda Greenhouse:

I never thought I’d be grateful to the Alabama Supreme Court for anything, but now I am. With its decision deeming frozen embryos to be children under state law, that all-Republican court has done the impossible. It has awakened the American public, finally, to the peril of the theocratic future toward which the country has been hurtling.

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Supreme Court’s Immunity Gift To Trump Is McConnell’s Legacy

With the news of Senate Minority Leader Mitch McConnell’s (R-KY) imminent retirement Wednesday, we’re left to examine the legacy of someone who has forever changed our government. 

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Trump, Tears in His Eyes, Says ‘Sir’ to Judge

Admittedly it was without those delicious atmospherics. But the substance was pretty close. Donald Trump now owes the state of New York $454 million. To appeal the verdict and to pause the state’s efforts to collect the judgment during that appeal, Trump has to post a $454 million bond. Today Trump’s lawyers went into court and asked the judge to accept a $100 million bond in lieu of the $454 million. They said that $100 million was as much as Trump could come up with. If the judge rejected the plea, “properties would likely need to be sold to raise capital under exigent circumstances.” In other words, Trump would have to sell off property at fire-sale prices and suffer harm that could not be undone if he gets the judgment thrown out on appeal.

Associate Justice Anil Singh denied Trump’s request.

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Liberal Justices Cut Through Right-Wing Obfuscating: Bump Stocks And Machine Guns Do ‘Same Thing’

The Las Vegas shooting in 2017, which left 61 people dead and roughly 500 wounded, provoked horror even from a country inured to constant gun violence and prompted then-President Donald Trump to call for the banning of the machinery used. 

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