In the wake of Donald Trump’s indictment in Fulton County, Rep. Jim Jordan (R-OH) limply launched an investigation into Fani Willis’ office with a letter that read like it’d been copied and pasted from his last several investigate-the-investigators correspondences.
Continue reading “Fani Willis Responds To Jim Jordan’s Demands With List Of Things He Could Be Doing With His Time Instead”Down Goes Navarro
Trump White House official Peter Navarro found guilty on two counts of contempt of Congress. Sentencing set for Jan. 2024.
A Few Thoughts on the 14th Amendment Thing
As you can see we’re looking closely at the efforts unfolding around the country to bar Donald Trump from appearing on the 2024 ballot because of his role fomenting and leading an insurrection against the United States government. It’s hardly a crazy idea since Trump did plot to overthrow the constitutional order, i.e., the government of the United States and there’s clear language about this in the US constitution. But I’d like to go on the record suggesting people not get too wrapped up in this morsel of anti-Trump activism as a or the thing that’s going to drive the outcome of this election. We are covering it not rooting for it. At the end of the day, this election is going to come down to whether Democrats can sustain an anti-Trump coalition in the electoral college just like they did in 2020. There’s simply no administrative or courtroom shortcut around that necessity. My own view of this whole issue is one of what I would call benign disinterest.
What do I mean by this? Let’s start with the practicalities. The most probable outcome here is that Trump will be removed from the ballot in blue states he had no shot at winning in the first place. (The Supreme Court probably torpedoes that too for reasons we’ll return to in a moment.) In that case, anti-Trump voters will get some emotional satisfaction and Trump supporters will gain a ripe and succulent new grievance. But it won’t change any reality about the outcome of the race.
Continue reading “A Few Thoughts on the 14th Amendment Thing”Senate Democrats Tentatively Warm To Trump Disqualification Arguments
Senate Democrats are approaching the argument that Donald Trump is disqualified from running under the 14th Amendment with caution — but interest.
Continue reading “Senate Democrats Tentatively Warm To Trump Disqualification Arguments”Listen To This: Heads I Win, Tails You Lose
A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh discuss the Disqualification Clause and the growing trend of Republican legislators refusing to follow orders when it comes to any dismantling of their single party control.
You can listen to the new episode of The Josh Marshall Podcast here.
Grassley Says He Was ‘Never Involved In Any Conversations’ About Him Presiding Over Congress On Jan. 6
Sen. Chuck Grassley (R-IA) told reporters on Capitol Hill Thursday he was not involved in any conversations with Trump allies about the possibility of him presiding over the Jan. 6, 2021 joint session of Congress.
Continue reading “Grassley Says He Was ‘Never Involved In Any Conversations’ About Him Presiding Over Congress On Jan. 6 “Not Even Close
I went into some detail in the latest episode of The Josh Marshall Podcast on my thoughts on efforts to bar Trump from appearing on the 2024 presidential ballot. My general view remains one of well-wishing disinterest. The 2024 election is going to be decided not by eligibility challenges but by results of the election as mediated by the electoral college. But I found this perspective from TPM Reader JS very interesting.
Continue reading “Not Even Close”There really is no good legal argument against Trump being disqualified by the 14th Amendment. He’s not eligible under it. But as you argued there’s more to it. I also think the “law” is pretty clear on the platinum coin, but it was the economists who said it wouldn’t actually solve the problem. Here I just think the Supremes will bullshit their way through it, like you said.
By virtue of having been a JAG in a dual state/federal setup like the National Guard makes all of the insurrection stuff something you deal with more routinely. Think sending in the 101st to integrate Little Rock. That was—had to be—an “insurrection” or else it would have been the Arkansas National Guard because of posse comitatus.
New Report Shows Thousands Forced To Travel Out Of State For Abortions
A new report reveals the reality of the United States post-Dobbs: abortion deserts, especially concentrated in the southeast, forcing women to flee to nearby states that provide care.
Continue reading “New Report Shows Thousands Forced To Travel Out Of State For Abortions”A Bunch Of Fringe Figures Have Also Seized On The Disqualification Clause
As well-established opponents of Donald Trump eye using the Disqualification Clause to keep him off the 2024 ballot, a separate motley crew of opportunists, individual do-gooders, and at least one long-shot presidential candidate are seizing on the opportunity to be relevant.
Continue reading “A Bunch Of Fringe Figures Have Also Seized On The Disqualification Clause”A New Front Is Opening In The Battle To Save The Republic From Trump
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.
Disqualification Clause Effort Heats Up
The 14th Amendment obstacle to Trump winning back the presidency is untested, uncertain, and yet a fascinating – even tantalizing – development in the historic effort to hold him to account for attempting to unlawfully seize power.
The newest developments include:
- Colorado Secretary of State Jena Griswold confirms “there have been conversations among secretaries” about the application of the Disqualification Clause to Trump.
- A CREW-backed lawsuit filed yesterday in Colorado against Griswold to try to enforce the Disqualification Clause and keep Trump off the ballot in that state.
- Increasing media coverage of the Disqualification Clause (welcome, WSJ). If you missed TPM’s weekend series, check it out here, here and here.
Yet, there remains, even after eight years of Trump on the national political stage, a squeamishness about using all the tools at our disposal to protect the Republic from his authoritarian zeal. You saw it for years among elected Democrats, especially on the Hill. The hesitancy spawned its own long-running and divisive debate among the anti-Trump forces. And this argument from David Frum suggests we’re not over it yet:
Of course, it wouldn’t work as Frum suggests. The decisions of election officials would be challenged by Trump and perhaps others in court, and the courts would hear arguments, in some instances consider evidence, and rule on the legal and factual merits. The Supreme Court would have a chance to weigh in. This wouldn’t be contrary to the rule of law but an effort to enforce it.
Put me in the camp of throwing every potentially viable legal means into the effort to uphold the rule of law and not getting bogged down in strategizing the precise sequencing of tools to use, let alone handwringing over the blowback, the threat of revenge, the fear of Trump later using the same tactics.
With everything cooking right now – four indictments in four jurisdictions, civil lawsuits against Trump and his core business, etc – there is finally a concerted, broad-based, unrelenting effort to meet the historic moment. Unilaterally disarming on the Disqualification Clause would be surrendering before the battle is even joined.
First Georgia RICO Trial Set To Start NEXT MONTH
It’s remarkable how quickly things are moving in Georgia, at least for now.
In the first significant hearing in the RICO case, the judge overseeing the case ruled yesterday that Ken Chesebro and Sidney Powell will be tried together on the fast track they requested, denying their motions for separate trials from each other.
No ruling yet on the whether the other 17 defendants, including Donald Trump, will be forced onto the expedited trial schedule, but the judge expressed skepticism that that would be workable.
Georgia Miscellany
- Mark Meadows is seeking to sever his trial from the other Georgia co-defendants and to delay it until after federal courts have resolved the question of whether he can remove his case from state to federal court.
- Former Georgia GOP chair David Shafer is making a similar bid to sever and delay.
Navarro Jury Could Get Case As Soon As Today
Closing arguments are expected today in Peter Navarro’s trial on contempt of Congress charges for failing to comply with a subpoena from the Jan. 6 committee.
Wednesday’s trial was brisk: Opening statements, a brief case in chief by prosecutors, and no defense witnesses.
It’s a pretty open and shut case but you never know with a jury.
Poor John Eastman
While everything else is going on, Georgia RICO defendant John Eastman is testifying to try to save his law license in California, potentially setting himself up for even more criminal exposure.
One interesting nugget from yesterday’s proceedings:
John Eastman, testifying at his own disbarment trial, sidestepped a question Wednesday about whether he and others in former President Donald Trump’s orbit discussed the possibility that Sen. Chuck Grassley (R-Iowa) — rather than Mike Pence — would preside over the Jan. 6, 2021, session of Congress.
Maybe we’ll eventually get to the bottom of the Jan. 6 mystery surrounding Chuck Grassley.
Where In The World Is Katherine Friess?
Politico: The Giuliani aide who ‘vanished’
All But Eisenhower?
Every presidential library/center from Hoover to Obama (except one) has released a vague, anodyne joint statement in support of democracy. Eisenhower is the odd man out in the thinly veiled, gentle pushback against Donald Trump.
This Was Pretty Obvious Already
We have additional confirmation that Mar-a-Lago IT worker Yuscil Taveras struck a cooperation deal with Special Counsel Jack Smith in the classified docs case.
I Got A Bridge In Brooklyn To Sell Ya
Trump improbably claims that he will testify in his own defense in the Mar-a-Lago trial:
Never going to happen.
E. Jean Carroll Turns Trump Into A Piñata
Another win for E. Jean Carroll.
A federal judge ruled that the jury verdict she won against Donald Trump for defamation precludes him from arguing that he’s not liable in her upcoming second defamation trial.
All that leaves for the jury to decide is the amount of damages, and since Trump immediately defamed her again after the earlier verdict, he could be facing astronomical punitive damages.
The OTHER Trump Trial
The New York attorney general’s civil lawsuit against Donald Trump and three two of his adult children (correction: an appeals court threw out the case against Ivanka) remain on track for an Oct. 4 trial date after the judge in the case summarily rejected another delay tactic by Trump:
2024 Ephemera
The also-rans covering themselves in glory:
- Vivek Ramaswamy:
- Ron DeSantis:
DeSantis on Newsmax says he'll consider pardoning Proud Boys convicted of J6-related crimes pic.twitter.com/U8GF1ic6rx
— Aaron Rupar (@atrupar) September 7, 2023
Hunter Biden Indictment Imminent
Special Counsel David Weiss will seek an indictment of Hunter Biden no later than Sept. 29, he told a federal court Wednesday. The looming indictment comes after a plea agreement fell apart in court over the summer. But that’s the narrow way of looking at this. In truth, the long play by Bill Barr and others in Trump world to use Hunter Biden as a weapon against his father is playing out better than they could have imagined.
Great Headline
“Wisconsin’s gerrymandering rides to the rescue of its gerrymandering“
Abbott Loses Fight Over Border Buoy Barrier
A federal judge sided with the Biden administration in ruling against Texas Gov. Greg Abbott’s floating border barrier in the Rio Grande. It’s all part of Abbott’s performative spectacle of pretending Texas is under invasion by migrants and must take over protection of its own border because of Biden’s feeble efforts. Abbott lost in court but immediately appealed and will continue to play out the string here because it’s politically useful to him.
McConnell Presser Doesn’t Last Long
Do you like Morning Memo? Let us know!