Trump Is Playing A Losing Hand In Every Legal Case Against Him

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

Trump Trial Testimony: What Losing Looks Like

Look, Donald Trump wouldn’t resort to the name-calling, the prickly attacks on judges and prosecutors, the self-defeating effort to appeal to his base even when it hurts him in court if – and I can’t emphasize this enough – he weren’t losing.

It’s a losing man’s bet to gamble that instead of winning in court you’re going to win at the polls on Election Day and make this all go away.

It’s a loser’s play to chide, ridicule, and threaten the judge who is hearing the big fraud case against you.

It’s a desperate man’s Hail Mary to ignore the overwhelming evidence against you and play to the cameras and friendly audiences.

You step back and look at the Trump arc since 2017 and I’m only being partly glib when I offer this summation of the Trump message to the base: “I’m a loser just like you.”

The losses keep piling up: election defeats in midterms and in 2020, multiple indictments, his foundation dissolved, and his business empire facing massive fraud findings. Other than a couple of Senate impeachment acquittals, it’s a loser’s string of defeats.

It all played out in open court yesterday in the civil fraud trial in New York. And yet … the media fascination with Trump’s bombast, with the pissing matches he sets up and then participates in, and with his transgressive behavior sidesteps what a loser he is. It’s similar to the hackneyed tendency to ascribe to Trump 3D chess skills and brilliant maneuvering that mere mortals simply can’t fathom.

I often wonder what it will take. Trump in a prison uniform and fulminating behind bars? I somehow doubt even that will break the spell.

Quote Of The Day

Special Counsel Jack Smith, on Donald Trump:

But the defendant stands alone in American history for his alleged crimes. No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power.

Jack Smith Tries To Keep Jan. 6 Trial On Track

Special Counsel Jack Smith on Monday filed a flurry of responses to various Trump bid’s to derail the case, but the most important strategic move was to urge U.S. District Judge Tanya Chutkan to decide quickly on Trump’s immunity and double jeopardy claims so that the appeals can begin promptly and not derail the March 2024 trial date.

John Eastman On 60 Minutes

Just keep on talking, buddy:

NEW: Society for Rule of Law

A group of anti-Trump conservative lawyers is launching a new project called the Society for Rule of Law.

Election Day

A relatively quiet off-year Election Day. What to watch:

  • Ohio: Voters consider a referendum on enshrining abortion rights in the state constitution
  • Virginia: Control of the state legislature is at stake, with abortion rights a central issue
  • Kentucky: Gov. Andy Beshear (D) tries to fend off state Attorney General Daniel Cameron, the first Black person to hold that office.

2024 Ephemera

  • POTUS: The NYT poll over the weekend showing President Biden trailing Donald Trump in key battleground stories has unleashed a fresh round of “Democrats worry” stories.
  • MI-Sen: Former Rep. Peter Meijer (R-MI), who voted to impeach President Trump over Jan. 6, threw his hat into the crowded GOP primary ring for the open seat held by Sen. Debbie Stabenow (D-MI). The Senate GOP’s campaign arm immediately crapped all over his campaign.

SCOTUS Hears Important Gun Case

The court will consider whether a federal law that bans people under domestic violence restraining orders from possessing firearms runs afoul of the Second Amendment, offering the conservative supermajority a chance to demarcate more clearly what the limits of gun regulation are under the Constitution.

Keeping Track Of House GOP Conspiracies Is Hard

This lede from The Messenger made me laugh:

House Republicans finally get a shot to grill a sought after antagonist in their impeachment pursuit of Joe Biden: the special counsel in charge of prosecuting the president’s son, Hunter Biden.

Imagine trying to explain this to a visitor from elsewhere.

“So the president’s son is being prosecuted?” Yes.

“By a prosecutor appointed by Trump?” You got it.

“And the president’s opponents are mad about that?” Oh, yes.

“But didn’t the president’s opponents want his son prosecuted?” Quite so.

“So they’re mad because … ?” Exactly.

Israel-Gaza Watch

  • Netanyahu: Israel will be responsible for overall security in Gaza for “indefinite period.”
  • United Nations says 89 of its employees have been killed in Gaza since Oct. 7
  • Jewish man dies after altercation during dueling protests in California.
  • Confused anti-Semitic American plows her car into what she thought was an “Israel school” in Indiana but was actually occupied by an anti-Semitic hate group.
  • UMass student arrested for punching Jewish student at Hillel vigil.

Be Careful With This One

I’ve been intrigued by how property insurance companies have started responding to the risk of climate change. My concern is that the risk is very real, but that insurance companies – which are so easy to demonize – will end up becoming the pariah here at the expense of dealing with the actual policy issues the growing risk implicates. Hating on insurance companies offers an easy political out rather than actually contending with the gargantuan risk the real estate market faces. At this point, we seem to be in the data-gathering phase, which is fine as far as it goes.

13B-Year-Old Supermassive Black Hole Found

A composite picture shows the galaxy cluster Abell 2744 in X-rays from Chandra and infrared light from Webb, as well as close-ups of the black hole host galaxy UHZ1. (X-ray: NASA/CXC/SAO/Ákos Bogdán; Infrared: NASA/ESA/CSA/STScI; Image Processing: NASA/CXC/SAO/L. Frattare & K. Arcand)

WaPo:

Two NASA space telescopes teamed up to scrutinize a distant galaxy and discovered something mind-boggling: a gargantuan black hole inside a galaxy that’s more than 13 billion years old. The “supermassive” object — hailed as the oldest black hole yet confirmed — has roughly the same mass as all the stars in that galaxy combined.

Do you like Morning Memo? Let us know!

Death of Jewish Man Reported at Dueling Demonstrations in LA

A Jewish man in his late 60s (reports about age vary), Paul Kessler, has died after being struck by a pro-Palestinian protestor in Westlake Village (a city in Los Angeles County) yesterday afternoon.

Reports are still sketchy. But there were apparently dueling demonstrations at an intersection in Westlake Village. There was some sort of interaction between one or more pro-Palestinian demonstrators and Kessler, a pro-Israel demonstrator. The pro-Palestinian demonstrator apparently hit Kessler on the head with a megaphone. Kessler then fell back and hit his head on the concrete. Looking at all the reports together, it seems like hitting his head on the concrete may have been the injury that eventually killed Kessler. Not all reports include the hit with the megaphone. Some simply report a scuffle which led to Kessler’s fall.

Continue reading “Death of Jewish Man Reported at Dueling Demonstrations in LA”

GOP Is Quick To Pounce On Another Anti-Trump Republican Running For Senate In Michigan

It appears Michigan and national Republicans are trying to avoid the repeat of a situation that plagued the party in the 2022 midterms as the GOP gears up for a crowded Republican Senate primary race in the state. A Republican has not captured a Michigan Senate seat since 1994.

Republican alarms went off quickly after former Rep. Peter Meijer (R-MI) — of the grocery store chain, for my fellow midwesterners — announced Monday that he would join the handful of other Republicans running in the primary for Sen. Debbie Stabenow’s (D-MI) seat, up in 2024.

Continue reading “GOP Is Quick To Pounce On Another Anti-Trump Republican Running For Senate In Michigan”

Smith: Trump ‘Stands Alone In American History For His Alleged Crimes’

Special Counsel Jack Smith hit back at Donald Trump’s attempt to have the Jan. 6 case against him dismissed in a stark Monday reply, characterizing the former president as committing crimes without parallel in American history.

Continue reading “Smith: Trump ‘Stands Alone In American History For His Alleged Crimes’”

That Scary Biden-Trump Poll

As many of you have likely seen, over the weekend The New York Times and Siena released a poll showing that President Biden is running behind Donald Trump in all the big swing states with the exception of Wisconsin. Meanwhile a “generic Democrat” is polling ahead of Trump basically everywhere. Not surprisingly this has again released flurries of questions about whether Biden should be running at all or whether he should be replaced with another candidate younger and with less baggage. TPM Reader LD wrote in to ask, “Is TPM’s position still that we need to sit down and shut up if we have doubts about Biden’s appeal to the coalition necessary to win?”

Let me first respond to LD’s grievancy gripe. The dynamics of the online world make us all reflexively assume the posture of fed up little guy in a battle with the elites. But the truth is that I never said any such thing. (By the way, LD and I talked it over and now I think we’re back to being best pals.) What I said is that I don’t think anyone but Joe Biden will be the nominee and I don’t think we have any realistic way to change that. (Just why I think that you can see in the earlier posts.) So I’m focused on getting this guy reelected rather than imagining some alternative, usually fantastical scenario. As I told LD in my initial, slightly volcanic response, by all means go out and advocate for Biden to step aside. I’ll be here in what I take to be the real world trying to get him reelected. I don’t control people. I certainly don’t control Biden. This is just my interpretation of the situation before us.

But this isn’t the whole story.

Continue reading “That Scary Biden-Trump Poll”

The Supreme Court Will Decide If Domestic Abuse Orders Can Bar People From Having Guns. Lives Could Be At Stake.

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

The U.S. Supreme Court will hear arguments this week in a pivotal firearms case that could have profound implications for how police and courts deal with domestic violence.

The question: Should people who are placed under domestic violence protection orders also lose access to their guns?

Continue reading “The Supreme Court Will Decide If Domestic Abuse Orders Can Bar People From Having Guns. Lives Could Be At Stake.”

No One Will Be Safe From Trump’s Retribution Tour

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

Trump And His Allies Plot Revenge

On the heels of a similar story from the NYT, the WaPo details the planning going on to operationalize Trump’s “I am you retribution” promise if he wins election in 2024:

Donald Trump and his allies have begun mapping out specific plans for using the federal government to punish critics and opponents should he win a second term, with the former president naming individuals he wants to investigate or prosecute and his associates drafting plans to potentially invoke the Insurrection Act on his first day in office to allow him to deploy the military against civil demonstrations.

All of this is part of the so-called Project 2025 being run by Trump loyalists and a network of DC think tanks. The WaPo story identifies specific targets of Trumpian revenge:

In private, Trump has told advisers and friends in recent months that he wants the Justice Department to investigate onetime officials and allies who have become critical of his time in office, including his former chief of staff, John F. Kelly, and former attorney general William P. Barr, as well as his ex-attorney Ty Cobb and former Joint Chiefs of Staff chairman Gen. Mark A. Milley, according to people who have talked to him, who, like others, spoke on the condition of anonymity to describe private conversations. Trump has also talked of prosecuting officials at the FBI and Justice Department, a person familiar with the matter said.

I’ve seen criticism that the NYT and WaPo don’t connect the dots between the kinds of things Trump was already doing while in office and what he’s promising to do in a second term. Fair, as far as it goes, but I do take some solace in mainstream coverage that treats using the office of the presidency for retribution and revenge as ominous and not normal. I would also note that the WaPo identifies former Trump DOJ flunky Jeff Clark as “leading the work on the Insurrection Act under Project 2025.” So there is some recognition of the continuity here.

My question is more along the lines of this: At what point does a presidential campaign conspiring to weaponize the federal government against its political enemies become fair game for criminal investigation? It’s a delicate and complicated question, but one we best be asking ourselves sooner rather than later.

Good Read

TPM: Trump’s Violent Rhetoric Echoes The Fascist Commitment To A Destructive And Bloody Rebirth Of Society

Trump Appointee Sentenced In Jan. 6 Attack

Ryan Reilly: “A former Donald Trump political appointee at the State Department who tried to storm the Capitol and assaulted law enforcement officers on Jan. 6, 2021, was sentenced to 70 months in prison on Friday.”

Hilarious

Daily Beast: Mark Meadows’ Publisher Sues Him for Millions Over Election Lies in Book

Special Counsel Calls Out Trump’s Delay Tactics

Special Counsel Jack Smith is becoming more animated and less circumspect about Trump’s delay tactics. A new filing in the Jan. 6 case offers the most recent look at Smith’s new, more blunt language: “The defendant’s misleading criticism of the way the Government produced emails exposes that he is grasping at straws for an excuse to delay these proceedings.”

MAL Delays And A Spanking

Early on, I cautioned not to overreact to U.S. District Judge Aileen Cannon in the Mar-a-Lago case until we had more to go one. I hope readers of Morning Memo recognize by now that we have plenty to go on.

The two main developments Friday: (i) Cannon wrongly smacked prosecutors for a good-faith courtesy filing alerting her to Trump’s latest antics; and (ii) Cannon okayed another delay in the pretrial schedule.

For more details:

  • TPM: Judge Cannon Knocks Jack Smith For A Filing Calling Out Trump’s Delay Tactics
  • Joyce Vance: “The reality is that Judge Cannon lacks the temperament to be a federal judge.”

Trump Takes The Stand Today In NY Fraud Case

Pass the popcorn: 6 things to watch.

NY Judge Issues New Gag Order

Things got prickly Friday in the NY fraud case when Trump’s lawyers again targeted the trial judge’s law clerk, prompting the judge to expand the gag order from Trump to his lawyers.

GOP Gov’t Shutdown Alert

Reminder: The current CR runs out on Nov. 17.

The Most Ignorant Man In DC?

TPM alum Cameron Joseph with an exhaustive profile of Alabama GOP Sen. Tommy Tuberville

Israel-Gaza Watch

  • WSJ: Israeli Military Poised for Battle for Gaza City
  • Michigan Democrats criticize Rep. Rashida Tlaib (D-MI) for invoking “from the river to the sea.”
  • HuffPo: Republicans Introduce Bill To Expel Palestinians From The United States

Illinois Assault Weapons Ban Upheld

Chris Geidner: “Late Friday afternoon, the U.S. Court of Appeals for the Seventh Circuit upheld Illinois’s ban on assault weapons and high-capacity magazines — a major decision applying the U.S. Supreme Court’s 2022 decision striking down a New York gun law to uphold a different gun restriction.”

2024 Ephemera

  • NYT/Siena Poll: President Biden is trailing Donald Trump in five of the six most important battleground states (Arizona, Georgia, Michigan, Nevada and Pennsylvania).
  • Dan Pfeiffer: How to Respond to the Very Bad NYT Poll
  • David Leonhardt: What Can Biden Do?
  • KMOV: Missouri Secretary of State Jay Ashcroft (R), a candidate for governor, implies that if voters enshrine abortion rights in the state constitution he’d have to resign as governor rather than violate his oath of office.

Getting To Know Speaker Mike Johnson

  • Rolling Stone: Mike Johnson Admits He and His Son Monitor Each Other’s Porn Intake in Resurfaced Video
  • WaPo: How Speaker Mike Johnson’s plans for a Christian law school unraveled
  • AP: Mike Johnson was founding dean of a planned law school in Shreveport. It never materialized.

NYC Has Some Of The Best Political Scandals

The straw donors probe of NYC Mayor Eric Adams’ campaign gets better and better:

New York City police officers were sent to the home of Mayor Eric Adams’ chief fundraiser — at the request of an internal affairs official — just hours before it was raided by the FBI in a campaign-finance corruption probe tied to Turkey’s government, The Messenger has learned.

The NYPD Internal Affairs Bureau official called the 77th Precinct headquarters in Brooklyn around 7 p.m. Wednesday and requested a “wellness check” at the home of Brianna Suggs, 25, a law enforcement official familiar with the matter said.

  • Who is Brianna Suggs and why did Eric Adams tap an inexperienced 23-year-old recent college grad to run his campaign’s fundraising?
  • NYT: Did Fake Donors Give the Mayor Real Money?

The Fight Continues …

Do you like Morning Memo? Let us know!

Louisiana’s ‘In God We Trust’ Law May Violate Establishment Clause Of The First Amendment

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

When Louisiana passed a law in August 2023 requiring public schools to post “In God We Trust” in every classroom – from elementary school to college – the author of the bill claimed to be following a long-held tradition of displaying the national motto, most notably on U.S. currency.

Continue reading “Louisiana’s ‘In God We Trust’ Law May Violate Establishment Clause Of The First Amendment”

Trump’s Violent Rhetoric Echoes The Fascist Commitment To A Destructive And Bloody Rebirth Of Society

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

Former President Donald Trump’s rhetoric has regularly bordered on the incitement of violence. Lately, however, it has become even more violent. Yet both many in the press and the public have largely shrugged their shoulders.

Continue reading “Trump’s Violent Rhetoric Echoes The Fascist Commitment To A Destructive And Bloody Rebirth Of Society”