John Eastman Gets Dunked On Hard After Fox News Interview

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

Ratio’d

The response to John Eastman’s bamboozling last night on Laura Ingraham’s Fox News show was marvelous.

Ingraham’s mangling of the law and air quotes around “RICO” signal right off that this is a cotton candy interview. But that doesn’t mean Eastman can’t and doesn’t do real damage to himself.

First, Eastman:

Let the dunking begin:

  • “What, like maybe the 101 emails that convinced a federal judge to take the extraordinary step of ordering them turned over to the Jan 6 committee? Those emails?”
  • “They found those emails already. A federal judge said so.”
  • “Ex-Trump lawyer John Eastman appeared on Fox News Tuesday for an interview in which he seemed to pretend like an incriminating email he sent—and which has been in the public record for some time—simply doesn’t exist.”

With Friends Like These …

Speaking of John Eastman, guess who signed on to a letter from former Clarence Thomas clerks defending the justice’s integrity as “unimpeachable”?

Jack Smith Is Focused On Rudy’s Drinking

Rolling Stone:

Special Counsel Jack Smith’s office has repeatedly grilled witnesses about Rudy Giuliani’s drinking on and after election day, investigating whether Donald Trump was knowingly relying on an inebriated attorney while trying to overturn a presidential election. …

[A]according to lawyers and witnesses who’ve been in the room with special counsel investigators, Smith and his team are interested in this subject because it could help demonstrate that Trump was implementing the counsel of somebody he knew to be under the influence and perhaps not thinking clearly. If that were the case, it could add to federal prosecutors’ argument that Trump behaved with willful recklessness in his attempts nullify the 2020 election — by relying heavily on a lawyer he believed to be working while inebriated, and another who he bashed for spouting “crazy” conspiracy theories that Trump ran with anyway.

Trump Tipped His Hand As To His Jan. 6 Defenses

I’m not saying these are good defenses, but it is perhaps where we should be focusing our attention:

  • “executive immunity” claim
  • “core First Amendment issues”
  • alleged “selective prosecution”

More On Mark Meadows’ Surprise Testimony

Wanna go deep on Mark Meadows testimony Monday in the hearing on moving his Georgia racketeering indictment to federal court? Anna Bower at Law Fare has you covered.

Georgia RICO Miscellany

Two new developments in the Georgia case:

  • The federal judge considering the removal of Mark Meadows case from state court has asked for additional briefing on this question: “Would a finding that at least one (but not all) of the over acts charged occurred under the color of Meadows’s office, be sufficient for federal removal of a criminal prosecution?” 
  • Atlanta DA Fani Willis is seeking clarification from the state judge overseeing the case on whether his earlier order was intended to sever Ken Chesebro’s case from the other 18 co-defendants and indicating that she wants to try them all together on the speedy trial timeline that sets up a fall trial date.

Proud Boys To Be Sentenced

Enrique Tarrio and Ethan Nordean are scheduled to be sentenced separately today in federal court for their roles in the Jan. 6 attack. Prosecutors are seeking 33 years of incarceration of Tarrio, the longest sentence recommendation to date in the Jan. 6 prosecutions.

New Hampshire Looking At Disqualifications Clause

In a joint statement Tuesday, the New Hampshire attorney general and secretary of state announced that the applicability of the 14th Amendment’s Disqualification Clause to the 2024 presidential election under review.

2024 Ephemera

The Lucrative Middle

The centrist grift is one of the longest running plays in Washington, D.C., and Joe Manchin (and his daughter) are using the same old playbook.

Jacksonville Shooter Wore White Supremacist Symbol

The young white man who killed three Black people in Jacksonville over the weekend before killing himself was wearing a Rhodesian army patch on his tactical vest:

The patch — representing Rhodesia, a former white minority-ruled territory in southern Africa in the 1960s and ’70s that would become Zimbabwe — is yet another symbol of how the shooter, Ryan Palmeter, was racist and was influenced by racist ideology, investigators say.

Scalise Diagnosed With Cancer

House Majority Leader Steve Scalise (R-LA), who was grievously wounded in the 2017 shooting spree at a congressional baseball game practice, has been diagnosed with multiple myeloma.

The Post-Licht Era At CNN

Mark Thompson, formerly of the BBC and NYT, named the new honcho at CNN.

Idalia Makes Landfall In Florida

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John Eastman Can’t Figure Out How To Do The One Thing He Should Do Right Now: Lay Low

Fox News published a piece this Tuesday afternoon reporting that more than 100 of Supreme Court Justice Clarence Thomas’ former clerks had signed onto a letter defending the justice’s “integrity” and “independence.” The signatories argued that recent media reports on him unethically accepting luxurious gifts from billionaire donors and people with business before the high court are simply all “part of larger attack on the Court” and its “legitimacy.”

High profile circuit court judges like David Stras of the 8th Circuit Court of Appeals, Jim Ho of the 5th Circuit and Allison Rushing of the 4th (all Trump appointees) count themselves among the 112 signees.

And so does John Eastman.

Continue reading “John Eastman Can’t Figure Out How To Do The One Thing He Should Do Right Now: Lay Low”

Tennessee GOP Hints Special Session Rules That Silence Minority May Become Permanent

Tennessee House Speaker Cameron Sexton (R) hinted on Tuesday that the Republican majority may permanently adopt the controversial House floor rules it passed for its special session, which offered state House Republicans a tool for silencing their minority colleagues and members of the public.

Continue reading “Tennessee GOP Hints Special Session Rules That Silence Minority May Become Permanent”

Far-Right House GOPers Toss Targeting Trump Prosecutors Into Shutdown Threat Mix 

House Freedom Caucus member Andrew Clyde (R-GA) said Monday he is planning to introduce two amendments to eliminate federal funding for the three prosecutors who indicted Donald Trump — Department of Justice Special Counsel Jack Smith, Fulton County District Attorney Fani Willis and Manhattan District Attorney Alvin Bragg.

Continue reading “Far-Right House GOPers Toss Targeting Trump Prosecutors Into Shutdown Threat Mix “

The Walls Are Closing In On Donald J. Trump

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

The Long Road Ahead

Monday was a taste of what’s to come in the weeks and months ahead, as multiple prosecutions of Donald J. Trump come to a head.

Dueling hearings in DC and Atlanta Monday morning. Mark Meadows testifying in Atlanta at the same time Peter Navarro was on the stand in his own case in DC. Rulings, decisions, and scheduling matters from multiple judges colliding on a crowded calendar. Legal journalists and court watchers doing successive deep dives into various criminal procedure rabbit holes.

It’s a lot. But it shouldn’t cause you any handwringing. Don’t despair. While these aren’t normal times, and some of the cases have historic implications, you can take some satisfaction in knowing that we’re still in the early innings. Little that is happening now is going to dictate the ultimate outcomes in these cases.

A lot of the coverage is going to focus on what’s not normal about these prosecutions. But there’s more normal here than not. The criminal justice system, as flawed as it is, is still regularized, procedurally predictable, and operates at scale. It can handle this.

We Have A Trump Trial Date!

March 4, 2024. A full two years sooner than Trump asked for. A reasonable starting point. It may not stick. Lots can happen between now and March.

But getting a big delay to the start of trial was, as TPM’s Emine Yücel reported from the DC federal courthouse, a key element of Trump’s defense strategy. So this was a setback for him, as evidenced by the histrionics of Trump lawyer John Lauro in court.

How’s Trump Taking It?

Well …

Jan. 6 Miscellany

  • Florida lawyer files legal challenge to disqualify Trump from 2024 presidential race.
  • Bloomberg: Trump Sees Immunity Fight as Path to Delay 2020 Criminal Trial
  • TPM’s Nicole Lafond: Like Vow To Appeal Trial Date, Trump Often Makes Promises Online That Won’t Hold Up In Court

Mark Meadows Rolls The Dice

High risk/high reward strategy for Mark Meadows as he took the stand on his own behalf to try to get the Georgia racketeering prosecution moved from state to federal court.

TPM’s Josh Kovensky talked to legal experts on Meadows’ surprise move.

The federal judge who must decide the issue promised to move as quickly as possible but indicated that it’s a complicated legal question with little precedent for guidance. In a sign that he might not rule immediately, the judge warned Meadows that he would have to attend his arraignment if no decision is issued by then. Arraignment is scheduled for Sept. 6.

Georgia Racketeering Miscellany

  • The arraignments of the 19 co-defendants, including Trump, in the Georgia racketeering case have been set for Sept. 6.
  • Now that indictments have been handed down in the Georgia racketeering case, a state judge has set a Sept. 6 deadline to file objections to the unsealing of special grand jury’s report on its investigation, with a target date of Sept. 8 to unseal it and make it public in its entirety.

Proud Boys Sentencing Gets Underway

Beginning today and over the next couple of days, the Proud Boys convicted of seditious conspiracy in the Jan. 6 attack will be sentenced in federal court in DC.

Significant in its own right, but also remember that prosecutors rightly consider the Proud Boys more culpable than the Oath Keepers were, and are accordingly seeking stiffer sentences, up to the 33 years.

And that in turn could arguably shape the sentence recommendation and ultimately the sentence for the big fella, Trump himself, if ultimately convicted for his role in trying to seize power unlawfully.

Longest Jan. 6 Sentence To Date: Stewart Rhodes

Here’s what an 18-year federal prison sentence looks like in practice:

Nice Try?

Peter Navarro last-ditch effort to avoid a trial on contempt of Congress charges for defying the Jan. 6 committee did not go well.

RIP Joe The Plumber

ELYRIA, OH – OCTOBER 30: Republican presidential nominee Sen. John McCain (R-AZ) (L) and Samuel “Joe the Plumber” Wurzelbacher address a campaign rally at Lorain County Community College October 30, 2008 in Elyria, Ohio. With less than a week before the U.S. presidential election, McCain launched a two-day bus tour of the swing state of Ohio, where some polls show his opponent, Democratic presidential nominee Sen. Barack Obama (D-IL) leading by nine points. (Photo by Chip Somodevilla/Getty Images)

Condolences to the friends and family of the man himself, Samuel Wurzelbacher.

As for “Joe the Plumber” – the conservative-creation, the media-fabrication, the stand-in for a make-believe, working-class world that political reporters deify, the caricature of the small business owner – I’d like to be able say good riddance to that, but of course that archetype is far from gone.

Looking back on the 2008 election, it seems both quaint and a ominous portending of the collapse of the Republican Party into a fash-forward, radical rightist party. And of course many political reporters still pose as representing an imagined non-ideological working-class world rooted in basic common sense.

More Trouble For Matt Schlapp

The vice chairman of the board of the American Conservative Union, which sponsors the annual Conservative Political Action Conference, resigned Friday and called for an independent investigation into additional allegations of sexual misconduct against Chairman Matt Schlapp.

LOL

In ascending order of amusing:

  1. House GOP impeaching Biden despite no wrongdoing or even evidence of wrongdoing.
  2. House Speaker Kevin McCarthy wanting to avoid a vote on starting the impeachment process to protect his more vulnerable members.
  3. Anyone pretending that the entire House GOP won’t be on the hook for starting an impeachment process if they don’t vote on it.

WI Supreme Court Never Ceases To Amaze

  • AP: Wisconsin Supreme Court chief justice accuses liberal majority of staging ‘coup’
  • WaPo: Wisconsin Supreme Court flips liberal, creating a ‘seismic shift’

2020 Election Still Not Over For WI GOP

Wisconsin Republicans are aiming to remove Meagan Wolfe, the nonpartisan administrator of the Wisconsin Elections Commission. They kick things off today by hauling her before a state Senate committee.

GOP Silences ‘Tennessee Three’ Dem

In a special session called in reaction to the Covenant School shooting in Nashville, GOP lawmakers Monday temporarily barred state Rep. Justin Jones from speaking on the House floor.

Pope Gets Spicy

AP: “Pope Francis has blasted the ‘backwardness’ of some conservatives in the U.S. Catholic Church, saying they have replaced faith with ideology and that a correct understanding of Catholic doctrine allows for change over time.”

2024 Ephemera

  • NYT: How Trump’s Election Lies Left the Michigan G.O.P. Broken and Battered
  • DeSantis heckled at Jacksonville shooting vigil.

Truer Words Never Spoken

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Like Vow To Appeal Trial Date, Trump Often Makes Promises Online That Won’t Hold Up In Court

As soon as U.S. District Judge Tanya Chutkan set the trial date in Special Counsel Jack Smith’s Jan. 6 case against Donald Trump for March 4, the former president posted a predictable tirade on his bootleg Twitter app crying “Election Interference!” and, among other things, vowing to appeal the scheduling decision.

“I will APPEAL!” he intoned.

As multiple legal experts on Twitter have noted, that’s not a thing. Trump can’t appeal the trial date, but he can try to delay it via pretrial motions.

Continue reading “Like Vow To Appeal Trial Date, Trump Often Makes Promises Online That Won’t Hold Up In Court”

Trump Lawyer’s Hysterical Plea For Two-Year Trial Delay Didn’t Work On Chutkan

Former President Donald Trump’s lawyer John Lauro came into Monday’s hearing, scheduled to set the trial date in Special Counsel Jack Smith’s Jan. 6 case, extremely hot.

Continue reading “Trump Lawyer’s Hysterical Plea For Two-Year Trial Delay Didn’t Work On Chutkan”

Ohio Abortion Rights Group Goes To State Supreme Court Over ‘Misleading’ Ballot Proposal Language

The group pushing a constitutional amendment to buttress abortion rights in Ohio sued in the state’s Supreme Court Monday after the state ballot board approved language to appear on the November ballot that the group calls “misleading” and “deceptive.”

Continue reading “Ohio Abortion Rights Group Goes To State Supreme Court Over ‘Misleading’ Ballot Proposal Language”