The Florida federal judge overseeing the Mar-a-Lago case seemingly shot back at federal prosecutors on Friday. After they warned the judge that Trump was trying to “manipulate” her by seeking further delay, she came back with a curt response: their warning was too long.
Continue reading “Judge Cannon Knocks Jack Smith For A Filing Calling Out Trump’s Delay Tactics”A Very Bad Day In Court For The Trumps
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.
Failsons
The two adult Trump sons flailed their way through their testimonies in the NY civil fraud trial against their so-called business empire. It didn’t go well.
The upshot of their testimonies was best captured by a spoof account on Twitter: “According to Junior and Eric, the Trump Organization is a ‘massive organization,’ which they ran without any involvement whatsoever in running it.” Indeed.

The evidence against the Trumps is overwhelming, the judge didn’t appear to find them to be credible witnesses, and their defenses wilted under the slightest cross examination, often when presented with documentary evidence that directly contradicted their testimonies.
The day’s testimony ended with another clash between Trump’s counsel and the judge over the judge’s law clerk. MSNBC’s Lisa Rubin has a pet theory for why Trump attorney Christopher Kise would go to such lengths to antagonize the judge in a judge-tried case: It steered the news coverage away from the debacle of Eric’s testimony.
Ivanka Trump added a comic footnote to the day, asking an appeals court to delay her testimony next week on the grounds that it falls “in the middle of a school week.” The appeals court promptly denied her request.
Trump Files Emergency Appeal Of Chutkan Gag Order
Donald Trump went to the DC Circuit Court of Appeals late yesterday seeking an emergency stay of the gag order against him in the Jan. 6 case. He’s seeking an immediate pause of the gag order and then a stay while his appeal is pending. Trump asked the appeals court for a decision by Nov. 10, and if he loses he plans to take the case to the Supreme Court.
Disbarment Watch
- Bloomberg: Rudy Giuliani Fights to Keep His DC Law License After Bar Report
- Bloomberg Law: John Eastman Preliminarily Found Culpable in California Bar Trial
Not Many Tea Leaves To Read
The Minnesota Supreme Court didn’t give a clear read during oral arguments Thursday on how it will rule on the Disqualification Clause case pending against Donald Trump.
Will Trump Flee The Country?
The prospect of Donald Trump fleeing the country rather than facing trial and conviction has always seemed quite plausible to me. The Justice Department rationale for not making him surrender his passport or barring him from traveling overseas seems to be rooted in the fact that he has Secret Service protection which would make any attempt to run almost comical. And yet … can we be so sure?
Here’s a well-edited exchange that includes former FBI Special Agent Chris Favo talking about Trump’s flight risk:
WHOA

The Brooklyn home of NYC Mayor Eric Adams’ chief fundraiser was raided by the FBI early Thursday morning in what the NYT reports is a broad public corruption investigation into whether his 2021 election campaign conspired with the Turkish government to receive illegal foreign donations.
SBF Convicted On All Counts
Cryptoking Sam Bankman-Fried was convicted by a federal jury in New York on all seven counts against him arising from the collapse of FTX:
1. Wire fraud on FTX customers
2. Conspiracy to commit wire fraud on FTX customers
3. Wire fraud on lenders to Alameda Research
4. Conspiracy to commit wire fraud on lenders to Alameda Research
5. Conspiracy to commit wire fraud on FTX investors
6. Conspiracy to commit commodities fraud on customers of FTX in connection with purchases and sales of cryptocurrency and swaps
7. Conspiracy to commit money laundering
The jury deliberated for just over an hour before reaching its verdict.
Reax To SBF Conviction
- Elizabeth Lopatto: Sam Bankman-Fried gambled on a trial and his parents lost
- Ginia Bellafante: Sam Bankman-Fried Was a Grown Up Criminal, Not an Impulsive Man-Child
Every Damn Day
Overt acts of anti-Semitism have exploded since the Oct. 7 Hamas attack:
- California man charged with making threats on Twitter against Anti-Defamation League CEO Jonathan Greenblatt, such as “you better come stop me because I’m intent ona real Holocaust against the ADL Jews. Gas chambers and all”
- Antisemitic graffiti next to the historic Canter’s Deli in L.A.
- Jewish cultural center in the Bronx vandalized with graffiti.
DOA
House GOP passes Israel aid package that targets IRS funding and is going absolutely nowhere in the Senate.
Quote Of The Day
There comes a time, maybe every six to eight generations, where the world changes in a very short time. … And I think what happens in the next two, three years are going to determine what the world looks like for the next five or six decades.
Joe Biden
Hurtling Toward A 1.5C Global Temperature Rise
Famed climate scientist James Hansen has a new, dire prediction.
October Extended A Record-Setting Scorcher Of A Year
Meanwhile …
‘Vaping Groping Lauren Boebert’
Congress will never be as good as when MTG and Lauren Boebert were still BFFs:
You voted to kick me out of the freedom caucus, but keep CNN wannabe Ken Buck and vaping groping Lauren Boebert and you voted with the Democrats to protect Terrorist Tlaib.
— Rep. Marjorie Taylor Greene🇺🇸 (@RepMTG) November 2, 2023
You hate Trump, certified Biden’s election, and could care less about J6 defendants being persecuted. https://t.co/OIgUvndXek
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House Passes Dead-On-Arrival, Poison-Pilled Israel Aid Bill
Speaker Mike Johnson (R-LA) managed to guide an Israeli aid bill to passage in the House Thursday that’s dead on arrival in the Senate, but will appease his right flank.
Continue reading “House Passes Dead-On-Arrival, Poison-Pilled Israel Aid Bill”Tuberville Shoves Staffer Into Moving Traffic (Rhetorically)
ICYMI, Republicans’ irritation with Sen. Tommy Tuberville’s (R-AL) months-long military promotion blockade blew up on the Senate floor last night, as a handful of Senate Republicans tried to hold a series of individual votes on nominees to bypass him.
He blocked each one.
Continue reading “Tuberville Shoves Staffer Into Moving Traffic (Rhetorically)”Republicans Threaten To Filibuster Subpoena Enforcement And Quash SCOTUS Oversight
Senate Judiciary Committee Chair Dick Durbin (D-IL) confirmed Thursday that the committee will vote next week to authorize subpoenas for a few powerful right-wing players known to have intimate, monetary relationships with Supreme Court justices.
Continue reading “Republicans Threaten To Filibuster Subpoena Enforcement And Quash SCOTUS Oversight”Minnesota Justices Stay Coy On Whether They Can DQ Trump
Justices on the Minnesota Supreme Court greeted arguments to disqualify President Trump from the ballot with a mixture of skepticism and interest at a Thursday hearing, leaving the path forward for the effort an open question.
Continue reading “Minnesota Justices Stay Coy On Whether They Can DQ Trump”Here’s All The People Who Have Flipped on Trump (So Far)
In August of 2023, Donald Trump and 18 co-defendants were indicted in Georgia in a sweeping RICO case arising from various attempts to overturn the results of the 2020 election. Since then, several defendants have reached plea agreements. We’ve noted them here and will continue to update this list.
1. Georgia Bail Bondsman Scott Hall

Scott Hall’s Mugshot

2. Attorney Kenneth Chesebro

Chesebro’s Mugshot

3. Attorney Sidney Powell

Unleash the Kraken

Sidney Powell Mugshot

4. Attorney Jenna Ellis

The Battle Hymn Of The Republic

Jenna Ellis’s Mugshot

Listen To This: Off Year, On Message
A new episode of The Josh Marshall Podcast is live! This week, Josh and Kate discuss Mike Johnson’s early days on the job and major upcoming elections in Ohio and Virginia.
You can listen to the new episode of The Josh Marshall Podcast here.
Loose Cannon Is Making A Mess Of The Mar-a-Lago Case
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.
The Only Judge Donald Trump Doesn’t Criticize
A series of developments in the Mar-a-Lago case over the last 24 hours don’t bode well for the rule of law in general or the prosecution of Donald Trump for blatant mishandling of classified information in particular.
In a hearing on Trump’s request for a trial delay, U.S. District Judge Aileen Cannon signaled that she was open to pushing back the trial date from May 2024. She promised to issue a revised schedule as soon as possible. As of this morning, she hasn’t ruled yet. Delay until he can win re-election and make all this go away is the core of Trump’s defense strategy, which isn’t a legal strategy at all but rather a political one.
But fresh off that apparent victory, Trump may have gotten too cute by half. In the afternoon hearing, he argued to Cannon that she should delay the Mar-a-Lago trial because the Jan. 6 case against him in DC scheduled for March 2024 posed a schedule conflict. But later in the day, he filed a new motion in the DC case seeking to put it entirely on pause until his claims of absolute presidential immunity are resolved.
Get it? He told one judge that he can’t possibly go to trial in Florida in May because he has a trial in DC in March, then turned around and tried to delay the DC trial, too.
Special Counsel Jack Smith seized on Trump’s rope-a-dope and flagged it to Cannon in a filing early this morning, urging her not to allow herself “to be manipulated in this fashion.”
Disqualification Clause Watch
- Colorado: Judge denies Trump motion to dismiss in Disqualification Clause case
- Colorado: “The effort to ban former President Donald Trump from the ballot under the Constitution’s “insurrection clause” turned to distant history on Wednesday, when a law professor testified about how the post-Civil War provision was indeed intended to apply to presidential candidates.”
- Minnesota: Oral arguments begin today in Disqualification Clause case against Trump
I’m Glad Someone Finally Did This
Aaron Blake debunks Donald Trump’s go-to claim that prosecutors timed their indictments of him to interfere with his presidential campaign, the comical implication being that Trump would have been fiiine with the prosecutions if they had come sooner.
What To Make Of Jenna Ellis’ Guilty Plea In Georgia?
Circling back on the implications of Jenna Ellis pleading guilty last week in the Georgia RICO case:
- Norman Eisen and Amy Lee Copeland: Jenna Ellis Could Become a Star Witness Against Trump
- Ellis’ lawyer talked about the guilty plea on a legal podcast hosted by the Atlanta Journal Constitution. It’s an interesting account of how the plea agreement came together, but I was struck by what he had to say about Rudy Giuliani:
Asked if Giuliani, who is charged with RICO and 12 other counts, should be worried, Hogue said, “I think he should be.”
But not necessarily because of Ellis, Hogue said. “I think there’s enough for Mayor Giuliani to worry about that wouldn’t have anything to do with Jenna Ellis. I mean, she wouldn’t be a help to him, I don’t think, if she was to be called as a witness. But I think his troubles extend far beyond her.”
GOP Is Rationalizing Cruelty Toward Gaza
Will Saletan looks at what the GOP presidential candidates told the Republican Jewish Coalition over the weekend:
What the Republican candidates are advocating, in sum, is an abandonment of morals. They’re rationalizing bigotry and cruelty—withholding humanitarian aid, barring child refugees, bombing Gaza without limits—and they’re grounding America’s loyalty to Israel in Jewish and Christian scripture. This isn’t the way to build an alliance against terrorism. It’s the way to feed a religious war.
It’s not just the GOP’s presidential candidates. Here’s Rep. Brian Mast (R-FL) on the House floor:
Senate GOP Fed Up With Tuberville
Sen. Tommy Tuberville’s long-running and unprecedented blockade of President Biden’s military nominees over abortion politics finally hit the limit for Senate Republicans Wednesday night.
Using antiquated Senate rules (for which the Senate has itself to blame), Tuberville has blocked hundreds of military promotions since February to protest the Pentagon policy that reimburses service members for travel expenses where abortions are difficult to obtain.
- WaPo: Senate Republicans erupt in anger over Tuberville’s military freeze
On Wednesday night, a remarkable scene unfolded on the Senate floor as several Republicans, including Sens. Dan Sullivan (Alaska), Joni Ernst (Iowa) Todd C. Young (Ind.) and Lindsey O. Graham (S.C.) confronted Tuberville, imploring him to lift his hold for the sake of national security and proposing votes on individual officers whose promotions have been delayed. Tuberville rebuffed them one by one, blocking each proposed nominee as his colleagues’ frustration continued to rise.
- AP: Republicans confront Tuberville over military holds in extraordinary showdown on Senate floor
Republican senators angrily challenged Sen. Tommy Tuberville on his blockade of almost 400 military officers Wednesday evening, taking over the Senate floor for more than four hours to call for individual confirmation votes after a monthslong stalemate.
Republican defense hawks unleashed their fury on Tuberville. They spent four-plus hours haranguing him as they tried to confirm dozens of the more than 300 military promotions the Alabama GOP senator has been blocking over his opposition to the Pentagon’s abortion policy.
All George Santos All The Time
- Rep. George Santos (R-NY) survived an expulsion vote in the House Wednesday.
- TPM exclusive: Santos Campaign Meltdown Attracts Interest From House Investigators
- TPM: How George Santos Left NYC Republicans Feeling Scammed
Red Alert
Speaker Mike Johnson has hired disgraced Fox executive Raj Shah to be his spokesperson and run messaging for the House GOP.
Does Speaker Mike Johnson Have a Bank Account?
Poverty is not a vice, and Speaker Mike Johnson wouldn’t be the first member of Congress living paycheck to paycheck, but it’s pretty unusual for a financial disclosure report to show zero assets, not even a bank account:
Over the course of seven years, Johnson has never reported a checking or savings account in his name, nor in the name of his wife or any of his children, disclosures show. In fact, he doesn’t appear to have money stashed in any investments, with his latest filing—covering 2022—showing no assets whatsoever.
2024 Ephemera
- I’ve been wondering for a while what the heck happened to Rep. Ken Buck (R-CO) that turned him from a teabagger into a relative voice of reason over the past several weeks. I guess this answers that: Buck announced yesterday that he won’t seek re-election next year.
- Rep. Kay Granger (R-TX), chair of the House Appropriations Committee, will not run again in 2024, she announced.
- NYT: Ron DeSantis Leans Into Vaccine Skepticism to Energize Struggling Campaign
US Infant Mortality Rises For First Time In 20 Years
WSJ: The U.S. rate is double that of many developed countries.
What A Scene
Sean Hannity interviews Speaker Mike Johnson with the House GOP conference as a backdrop:
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Speakership Circus Was Too Much For Some House Republicans To Stomach
Two House Republicans who voted against Rep. Jim Jordan’s (R-OH) multiple failed bids for the speakership announced their retirements on Wednesday, with one specifically citing the last several weeks and the Republican Party “lying to America” as rationale.
Continue reading “Speakership Circus Was Too Much For Some House Republicans To Stomach”