Is A Two State Solution Really No Longer Possible?

What can be called a “peace process” between Israel and the Palestinians ended with the failure of the Camp David summit and the onset of the Second Intifada in late 2000. Over the subsequent years, as settlement activity continued, it became increasingly common, especially among the more hard-bitten and realist-minded, to say that the time had run out on a so-called “two state solution.” From different quarters this verdict had different meanings. For Israeli maximalists it was a concluding judgment on the folly of the Oslo Accords and refusal of territorial concessions. For Palestinians it signaled a rejection of territorial compromise born of disappointment with the failure of Oslo. More concretely it was a simple statement of the reality on the ground. The West Bank had become so shot through with settlements — not just the large agglomerations along the 1967 border but lines of control reaching much deeper into Palestinian areas — that it simply wasn’t possible to create a viable state even if there was the will to create one. And quite clearly there wasn’t the will to make one.

On the Israeli side, the Oslo Accords had been born of a strategic recognition on the part of significant elements of the Israeli national security establishment. It wasn’t possible to keep the West Bank and Gaza Palestinians in a permanently stateless/occupied status. Nor was it possible to absorb them into Israel since Israeli Jews would cease to make up the overwhelming majority of the population. The years between 2000 and 2008 represented a kind of back and forth holding pattern. Benjamin Netanyahu’s return to power in 2009 was based on a very different premise: that the Palestinian issue could be managed indefinitely rather than resolved and with no major repercussions.

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How Long Until Donald Trump Violates His Reinstated Gag Order?

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

Chutkan Reimposes Gag Order On Trump

Maybe we should do an office pool?

After U.S. District Judge Tanya Chutkan reinstated her gag rule in the Jan. 6 case against former President Donald Trump in an order issued Sunday night, it seems like only a matter of time before he violates it.

Chutkan, showing a great deal of restraint and careful consideration (perhaps too much), had paused her gag order while she considered Trump’s argument that she should keep it on pause while he appealed it. While the gag order was stayed, Trump continued to make the kinds of public attacks on witnesses that had given rise to the gag order in the first place, a point Special Counsel Jack Smith had seized on.

In her Sunday night order denying Trump’s request for a ongoing stay of the gag order, Chutkan highlighted a Trump post on Truth Social last week attacking Mark Meadows. “This statement would almost certainly violate the Order under any reasonable definition of ‘targeting,'” Chutkan wrote.

In some respects, the gag orders and the public debate over Trump’s out-of-court conduct are secondary to the prosecutions themselves –- but they’re of particular interest for three reasons:

  1. Is the rule of law strong enough for Trump to be treated the same as any other criminal defendant?
  2. Will Trump succeed in creating an environment in which witnesses, judges, prosecutors, and others are too intimidated and fearful to fulfill their responsibilities to the rule of law?
  3. Will Trump end up in jail or under other harsh sanction because he refuses to abide by the terms of his pre-trial release?

In another sign that any Trump violation won’t lead to his pre-trial release being revoked immediately, Chutkan write in a footnote that she would give the parties a chance to be heard before sanctioning any purported future violations: “Before concluding that any statement violated the Order, the court would afford the parties an opportunity to provide their positions on the statement’s meaning and permissibility.”

2 Disqualification Clause Cases Come To A Head

Fani Willis Is Targeting The Big Fish Duh

This is not a surprise at all, but The Guardian confirms that some of the bigger fish in the Georgia RICO case have not (yet) received offers of plea deals, including Donald Trump, Mark Meadows, Rudy Giuliani and John Eastman.

As for the small fish, a great Liz Dye treatment of Jenna Ellis’ guilty plea.

Don’t Sleep On The MAL Case!

Big Week In Trump’s NY Fraud Trial

NYT: Trump’s Children Are Set to Take the Stand at His Fraud Trial This Week

Hmmm …

Arizona Republic: Indicted Michigan lawyer pushed false claims of fraud for Arizona ‘audit’ report, texts reveal

2024 Ephemera

  • Mike Pence ends his presidential campaign:
  • WSJ: The race is on for second place in Iowa
  • WaPo: Youngkin ‘purge’ removed nearly 3,400 legal Virginia voters from rolls
  • NYT: How Trump’s Verbal Slips Could Weaken His Attacks on Biden’s Age
  • On bifurcating aid to Ukraine and Israel:

Israel-Gaza Watch

  • WSJ: Israeli Forces Make Major Advance Toward Gaza City
  • NYT: Netanyahu Finds Himself at War in Gaza and at Home
  • AP: Crowd storms Russian airport to protest flight from Israel
  • On the U.S. domestic political front, the big issue is House Republicans wanting to separate Ukraine aid and Israel aid.
  • CNN: New Speaker Mike Johnson vows to move standalone $14.5 billion Israel aid package in the House, setting up showdown with Senate
  • Politico: McConnell goes all out as Ukraine fight fractures GOP
  • An English translation of French diplomat Dominique De Villepin’s assessment of the Israel-Hamas War (warning: it’s a long-ish read):
  • Another thoughtful thread from Danny Seidemann, who graciously toured me and a group of journalists through East Jerusalem a decade ago:

A Puzzle For Our Time

Brian Beutler:

 I find myself increasingly puzzled over how to weaken this widespread liberal assumption that risk aversion and following the public lead is always wise, even at the expense of the better world they want to build. Even when the underlying issues are salient, failure of the status quo seems likely, and the consequences of failure would be severe. 

Matthew Perry, 1969-2023

BEVERLY HILLS, CA – OCTOBER 14: Actor Matthew Perry arrives at the 9th Annual Dinner Benefiting the Lili Claire Foundation at the Beverly Hilton Hotel on October 14, 2006 in Beverly Hills, California. (Photo by Michael Buckner/Getty Images)

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Paralysis at the Top in Israel

One thing that is obscured into the current chaos and killing in Israel/Palestine is that the current government is essentially paralyzed. Benjamin Netanyahu remains Prime Minister despite a catastrophic loss of public support tied to his failure to prevent the October 7th massacres in southern Israel. In theory there’s a government of national unity now in place, with a war cabinet made up of Netanyahu, Defense Minister Yoav Gallant and Benny Gantz, one of the two main leaders of the opposition. But just how much control Gantz, a former IDF chief of staff, is exercising is unclear.

Meanwhile many government ministers have been close to invisible since the war started. Some basic news about government policy comes out in the US first and only then gets reported in Israel. I should add that from a distance and without a subtle grasp of the textures of Israeli politics it’s difficult for me to judge the extent of this invisibility. But I’ve asked this question of numerous Israelis whose opinion I trust and all seem to agree with this basic read of the situation.

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Voters In At Least 10 States Are Trying To Protect Abortion Rights. GOP Officials Are Throwing Up Roadblocks.

This article was originally published at ProPublica, a Pulitzer Prize-winning investigative newsroom.

After the Supreme Court overturned Roe v. Wade, ending nearly 50 years of federal protection for abortion, some states began enforcing strict abortion bans while others became new havens for the procedure. ProPublica is investigating how sweeping changes to reproductive health care access in America are affecting people, institutions and governments.

Continue reading “Voters In At Least 10 States Are Trying To Protect Abortion Rights. GOP Officials Are Throwing Up Roadblocks.”

Trump’s Court Whisperer Had A State Judicial Strategy. Its Full Extent Only Became Clear Years Later.

This article as originally published at ProPublica, a Pulitzer Prize-winning investigative newsroom.

Supreme Court Justice Clarence Thomas’ decadeslong friendship with real estate tycoon Harlan Crow and Samuel Alito’s luxury travel with billionaire Paul Singer have raised questions about influence and ethics at the nation’s highest court.

Continue reading “Trump’s Court Whisperer Had A State Judicial Strategy. Its Full Extent Only Became Clear Years Later.”

North Carolina Republicans’ Brazen Power Grab Will Be Difficult To Defeat Before 2024

The North Carolina legislature giddily passed its new congressional map Wednesday, an aggressive gerrymander that would near-automatically flip three currently Democratic seats and make a fourth a more Republican friendly tossup. 

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Mike Johnson Is The Least Vetted Speaker In Modern History

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

Roll The Tape

It’s been a veritable field day for oppo researchers and investigative journos: An inexperienced backbencher who’s never faced a serious election challenge is suddenly second in line to the presidency. Let the belated vetting finally begin.

Rep. Mike Johnson (R-LA) hasn’t been hiding in the shadows. He’s been out there, generating video and audio clips for years, hosting a podcast, and generally creating a public digital trail that’s easy to follow, such as this from a few years ago:

Most of the coverage emphasis is on how far to the right Johnson is, and that’s a fair place to focus. But I’m more interested in my nerdy way in how Johnson can possibly lead his fractured caucus without any of the usual assets that a speaker brings to the table. The things that got Johnson elected – he didn’t have a lot of baggage compared to other candidates and he hadn’t irredeemably pissed off multiple factions within the House GOP conference – don’t equate to strengths as a speaker.

Johnson hasn’t secured the loyalty of members by helping get them elected. He hasn’t earned chits from prodigious fundraising. He doesn’t have a power base within the conference from having chaired a committee. In short, Johnson doesn’t have a reserve of the currency that speakers use to deal, to keep members in line, to soften differences, and to reach accommodations.

It’s going to be a helluva thing to watch him try to keep a conference full of show ponies and burn-it-all-down types in line and on task.

Meanwhile, here’s what we’re learning about the accidental Speaker Johnson:

Mike Johnson, Christian Nationalist

  • Politico: The Christian Nationalist Ideas That Drive Mike Johnson
  • Mother Jones: Mike Johnson’s Long Flirtation With Christian Nationalism
  • Sarah Posner: Mike Johnson’s Christian nationalist track record isn’t a mystery — it’s a tragedy
  • David Corn: Mike Johnson Hates America, But He Believes He Can Save It

Mike Johnson, Inexperienced

  • Axios: Mike Johnson is the least experienced House speaker in 140 years
  • Former House GOP aide Brendan Buck: The Terrifying Learning Curve Facing Mike Johnson
  • Susan Glasser: Speaker Who?: The Rise of a G.O.P. Nobody in Trump’s House

Mike Johnson, Lackluster Fundraiser

  • Punchbowl: “He’s raised just $553,000 this year. Compare that to the $16 million former Speaker Kevin McCarthy raised in the third quarter alone.”
  • Politico: “Since he was elected in 2016, he has never raised more than $1.4 million for his campaign over any two-year election cycle. In 2022, he ranked 276th among all House incumbents who sought reelection in terms of total fundraising, according to FEC data, and in the bottom half among Republican members as well.”
  • Punchbowl: “The NRCC has raised $70 million this cycle. Out of that, a whopping $18.5 million has come from transfers from McCarthy’s political committees.”

WATCH: Mike Johnson With Sean Hannity

Aaron Rupar, the master of the unspooling these interviews into relevant clips, has the essential thread here:

The Aftermath Of Jan. 6

A nicely juxtaposed piece from my former colleague Ryan Reilly: On Wednesday, a Capitol Police officer testified about the injuries she sustained on Jan. 6 while across the street election denier Mike Johnson was elevated to speaker of the House.

Fani Willis Is Wheelin’ and Plea Dealin’

Atlanta DA Fani Willis has offered plea deals to at least six other defendants in her sprawling RICO case against former President Trump, CNN reports. It breaks down like this:

  • Former Trump campaign official Mike Roman and former Coffee County elections supervisor Misty Hampton has been in contact with Willis about a plea deal.
  • Pro-Trump lawyer Robert Cheeley turned down a plea offer some time ago, said his lawyer, who indicated that plea talks were not ongoing.
  • Three other co-defendants whom CNN did not name have also discussed plea deals with Willis.

Donald Trump’s Weak Hand

I want to be very careful about how I say this, but taken together Donald Trump’s defenses in his various criminal cases have, on balance, been weaker, less developed, more forced, and less compelling that I expected.

Recent filings in his Jan. 6 case – including one that seeks to turn it into a fight over classified information and another that reiterates his claims of absolute presidential immunity – were the latest examples of arguments that I expected to pack a punch but fell short.

It’s important to remember a criminal defendant may throw a lot of things against the wall. Only one may need to stick. So I’m not predicting Trump loses every case on the facts, or that he won’t win any pre-trial legal disputes. But I keep waiting for a muscular, logical, historically grounded, bulletproof argument from him that will seriously threaten either of Jack Smith’s two cases against him or Fani Willis’ case in Georgia. And I haven’t seen it yet.

Instead, the arguments we are seeing are very Trumpian: bombastic, over the top, not targeted at the judges but at a public audience – and in some instances the only audience seems to be Trump himself. With these arguments, Trump’s lawyers are drawing down any credibility or benefit of the doubt they may have with the judges in these cases.

Again, I don’t want to overstate this. But I keep waiting for his legal team to bring the real heat, and it’s been remarkably tepid so far.

Jared Golden Now Favors Assault Weapons Ban

In the aftermath of the deadly shooting rampage in Maine, with the suspect still at large, Rep. Jared Golden (D-ME) reverses himself and comes out in favor of an assault weapons ban:

George Santos Faces Looming Expulsion Vote

New York Republican members have introduced an expulsion resolution aimed at Rep. George Santos (R-NY) that could come to a vote as soon as next week. Meanwhile, Santos is expected to plead not guilty today to new charges contained in a superseding indictment

Another Potential Dem Pickup Opportunity

Federal judge strikes down Georgia’s redistricting map for illegally discriminating against Black voters in violation of the Voting Rights Act.

I’m sure it’s just a coincidence and not part of a larger, persistent historical pattern that since the 2020 census Republicans in Alabama, Louisiana, Georgia, South Carolina, and Florida have been found by federal judges to have used their redistricting powers to discriminate against Black voters.

2024 Ephemera

  • WSJ: Biden Administration Tries to Soften Blowback From Muslim Leaders in U.S.
  • Politico: Blake Masters announces House bid in Arizona, forgoing another run for Senate
  • NYT: Rep. Dean Phillips (D-MN) will attempt a challenge of President Biden in the 2024 Democratic primary.
  • WaPo: Rep. John Sarbanes (D-MD) announces he will retire from the House at the end of his term.

Scientists Watching Their Life’s Work Disappear

A well-executed piece on seven scientists whose work puts them on the frontlines of climate change.

*Chef’s Kiss*

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What’s Up With Speaker Mike Johnson’s Black Son?

On Speaker Mike Johnson’s first full day in office, half the journalism world was looking into the surprise Speaker’s past. In his meteoric one day rise from four term representative to Speaker there was no time for anyone to vet him. But one part of that past came out of left field. Video surfaced of an interview Johnson did with Walter Isaacson just after the death of George Floyd in June 2020 in which he revealed that he had an adopted black son, Michael. Johnson went on to explain that there was no question that his black 14-year-old son Michael faced challenges that his white fourteen year old Will never would. Many on the leftward side of the political spectrum were struck by Johnson’s empathy and frank recognition of discrimination in contemporary America while right wingers denounced him for his wokeness.

I had only heard this story in passing until this evening when TPM Reader RS flagged something odd about the story. No African-American son shows up in any of the family photographs on Johnson’s House website or on his personal Facebook page. Nor does Michael figure anywhere in any of Johnson’s campaign biographies.

As I went further down this rabbit hole tonight I was a bit dumbfounded. Is Michael made up? Is he excluded from family pictures? I was so baffled that I went pretty far down that rabbit hole trying to figure out what was going on.

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Federal Judge Orders New Majority-Black District In Georgia, Warns Legislature Not To Jerk Him Around

A federal judge in Georgia ordered a redraw of both the state’s congressional and legislative maps Thursday, mandating that one new majority-Black congressional district and seven majority-Black legislative districts be added.

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