Lone Candle
Champion of Truth
“Former President Donald Trump is appealing a jury’s verdict finding him liable for sexually abusing and defaming writer E. Jean Carroll. Trump’s lawyers filed a notice of appeal in the 2nd Circuit Court of Appeals on Thursday, two days after the nine-person jury ordered
“This is a president who pardoned convicted war criminals, assassinated Iran’s top general, and deployed troops to seize Syria’s oil deposits — openly admitting he wanted to hand them over to ExxonMobil. A second term promises more of the same: He has already asked advisers for “battle plans” to invade Mexico in an effort to combat drug cartels.”
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“The strongest argument for Trump’s dovish credentials, in all of these accounts, is that Trump did not start any new wars. While Bush invaded Iraq and Afghanistan, and Obama toppled Muammar Qaddafi in Libya, Trump kept the peace.”
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“It’s certainly true that nothing Trump did compares in scope to the Iraq or Afghanistan wars. But few presidents in history ordered anything of that magnitude; the brief 2011 US intervention in Libya doesn’t come close. And when you compare Trump’s record to those of other post-Cold War US presidents, the evidence is clear: Trump is no less willing to use military force, and arguably more so.”
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“Trump did a lot more than order “few missile and drone strikes”: In Iraq and Syria alone, drone strikes launched against ISIS and other terrorist groups killed an estimated 13,400 civilians, per data from Airwars, a nonprofit watchdog affiliated with the University of London. That’s roughly three times as many as were killed by American bombs in the 1991 Gulf War, the 1998-1999 Kosovo intervention, and the Libya war combined.
It’s relatively easy to show Trump’s culpability here: His administration relaxed Obama-era rules of engagement designed to protect civilians. And once swampy Joe Biden became president, drone strikes in Syria and Iraq virtually ended.”
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“In 2017, Trump became the first US president to order an attack on the Syrian government, bombing an airfield in retaliation for chemical weapons strikes, something Obama famously refused to do. In 2018, he pulled out of the Iran nuclear deal and bombed Syrian government positions again. In 2019, Trump approved airstrikes on Iranian soil, only to call the planes back literally while they were in the air. And in 2020, he had General Qassem Soleimani, the commander of Iran’s elite Quds force, assassinated while the Iranian leader was near the Baghdad airport.
Similarly, Trump dramatically increased US airstrikes on Islamist groups in Somalia over Obama levels, and approved the sale of unguided “dumb” bombs to Saudi Arabia for use in Yemen (something the Obama administration blocked). Though Trump frequently stated his opposition to the war in Afghanistan, and eventually did negotiate a withdrawal agreement, he began his presidency by escalating it — sending 3,000 new troops to fight the Taliban, a more than 25 percent increase from the pre-Trump presence. He also openly bragged about relaxing rules of engagement for bombings in Afghanistan, a policy that nearly doubled civilian casualties per year over the Bush- and Obama-era average.”
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“In 2018, Trump threatened to invade Venezuela to topple leftist dictator Nicolás Maduro. In 2019, he launched a broad-based sanction policy explicitly designed to collapse the Maduro government — an open regime change operation.
During that same time, Trump significantly escalated tensions with China over Taiwan — taking provocative actions deliberately designed to send a message of US commitment to the island’s defense. “In the past nine months, U.S. ships have sailed through the Taiwan Strait six times. During the Obama administration, passages were far less frequent, at just one to three times per year,” the Council on Foreign Relations’ Lindsay Maizland wrote in April 2019.”
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“In 2017, Trump sent a full armored brigade to NATO allies on Russia’s border. In 2018, he provided Ukraine with lethal military assistance in its conflict with Russia in Eastern Ukraine (something Obama refused to do, and that Trump would later try to use to extort Ukrainian President Volodymyr Zelenskyy).
In 2019, he withdrew from the Intermediate-range Nuclear Forces (INF) agreement designed to tamp down on nuclear tensions. In 2020, he backed out of the Open Skies Treaty, which created rules for reconnaissance overflights designed to tamp down on military tensions.”
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“the question here is not whether Trump’s foreign policy was good, but rather whether it can be accurately characterized as “dovish” or “anti-imperialist.” A full review shows that it cannot: that Trump was more than willing to use deadly force and impose America’s will on foreign countries.”
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“This is a president who proposed the largest inflation-adjusted defense budget since World War II and declared “we have to have, by far, the strongest military in the world.””
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“Trump’s version of hawkishness is far less moralized, but no less aggressive. He sees himself not as protecting the global order but as putting “America First” — defending the country’s honor and pecuniary interests. This makes him less inclined to launch wars to protect foreign civilians, but more inclined to kill foreign civilians while attempting to target terrorists. Instead of fighting to promote democracy, he is willing to send US troops to take the oil in Syria.”
“Esformes was not convicted of the most serious charges leveled against him. The government failed to convince a jury, for example, that he committed conspiracy to commit health care fraud and wire fraud. So his 20-year sentence—handed down by U.S. District Judge Robert N. Scola of the Southern District of Florida—may appear grossly disproportionate to his convictions.
Until you realize the judge explicitly punished Esformes for charges on which the jury hung.
That is not an error. “When somebody gets sentenced [at the federal level]…they get sentenced on all charges, even the ones they’re acquitted on, [as long as] they get convicted on one count,” says Brett Tolman, the former U.S. Attorney for the District of Utah who is now the executive director of Right on Crime. It is a little-known, jaw-dropping part of the legal system: Federal judges are, in effect, not obligated to abide by a jury’s verdict at sentencing. They can, and do, sentence defendants for conduct on which they were not convicted. In this case, Esformes was already sentenced—and had that sentence commuted—for the crimes that the DOJ now wants to retry.
“This defendant, as much as you might not like him…do you think he should be punished two or three times for the same conduct?” asks Tolman. “I don’t find anybody who thinks that’s fair.””
“Negotiators from Brussels and Washington are scrambling to solve a five-year dispute over steel and aluminum dating back to former U.S. President Donald Trump’s decision to slap tariffs on European imports. They have until October to get a deal but are still so far apart that European officials now fear the chances of an agreement are slim.
Without a deal, both sides could reimpose billions of dollars worth of trade tariffs on each other’s goods — potentially spreading well beyond steel to hit products including French wines, U.S. rum, vodka and denim jeans.”
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“Officials in Brussels see the ongoing negotiations as just another push from the U.S. to force them into taking a harder line against China. “The language just seems written to tackle one country specifically,” said one of the European officials.
Discussions only recently picked up pace through the exchange of a U.S. concept paper and then an EU response. Those texts showed how far apart the two sides are on key issues, the officials said.
Washington wants to impose tariffs on imported steel or aluminum products, which would increase progressively based on how carbon-intensive the manufacturing process is, according to the proposal seen by POLITICO. Countries that join the agreement, which would be open to nations outside the EU, would face lower tariffs, or none at all, compared to those that do not.
The EU’s response — also seen by POLITICO — does not include any form of tariffs, according to the officials. Brussels fears the American plan for tariffs goes against the rules of the World Trade Organization, which is a no-go for the EU.
But a senior Biden administration official, who spoke on the condition of anonymity to discuss ongoing negotiations, told POLITICO that tariffs should not be off the table.
“That’s a pretty powerful tool for driving the market both to reduce carbon intensity as well as to reset the playing field to counteract non-market practices and excess capacity,” the U.S. official said. “What we’ve been trying to understand and respond to, in part, is what are those reasons that the EU has to have concerns about a tariff-type structure.””
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“Several officials said Washington is also seeking an exemption from the EU’s carbon border tax, which imposes a tax on some imported goods to make sure European businesses are not undercut by cheaper products made in countries with weaker environmental rules.
Such an exemption for the U.S. is another no-go for Brussels. A European Commission spokesperson said giving the U.S. a pass on the carbon border tax would constitute a breach of WTO rules and “cannot be compared with” the U.S. steel and aluminum measures.”
“the core violation here is, basically, that the Trump Organization logged hush money repayments improperly. The more small-scale charges like this after a long investigation seem, the more they suggest prosecutors landed on them because they tried to make a bigger case that didn’t pan out.
Does it resemble previous prosecutions? In some ways yes, in some ways no. Business records charges are common in the Manhattan district attorney’s office. The New York Times called this charge “the bread and butter” of the office’s white-collar practice, pointing out that during Bragg’s tenure of a little over a year, 29 individuals and companies were charged with such offenses before Trump. “The charge of creating false financial records is constantly brought,” Agnifilo and Eisen write.
Still, there is some dispute about how the charge is being applied in this case. Fordham law professor Jed Shugerman points out that these false records were just internal company documents, and that Bragg has not yet specifically alleged they were used to deceive anyone. Shugerman asked whether there’s ever been a conviction in such a case. Various former prosecutors in the Manhattan DA’s office have argued that they can and did file such charges based on internal documents, but it’s unclear whether the legality of that theory has been directly tested in court.”
“if you don’t want Trump to win, DeSantis is clearly your best choice. It’s still early, of course, and things could change, but early polls are decently predictive of how candidates perform in primaries, and DeSantis today is polling in the mid-to-high 20s in multi-candidate surveys. That puts him in a clear second position at this point.
And the good news for DeSantis is that most Republican voters probably want a Trumpy party, even if they choose someone else to lead it. Take Morning Consult’s primary poll tracker: Trump (54 percent) and DeSantis (26 percent) combine for 80 percent of the primary vote. And based on second-choice preferences, voters don’t view them as intractably opposed choices, but rather as two sides of the same coin. The leading second-choice candidate for Trump voters is DeSantis with 46 percent (Pence gets 17 percent), and the leading second choice for DeSantis voters is …Trump with 43 percent (Pence is at 16 percent).
So do you want a certain approach to politics or do you want to stop Trump? The latter seems more likely to bring about Trump’s defeat than the former, in part because GOP primary voters prefer a Trumpian approach.”
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“it’s too early to dismiss the possible alternatives to both DeSantis and Trump! Yes, DeSantis is doing well in the polls right now, but he’s been slipping as of late. And there’s evidence that people don’t really know who he is — or are still making up their minds about him.”
“Manhattan prosecutors allege that Trump concealed hush money payments by falsely labeling related transactions as legal expenses and by arranging for a tabloid publisher to bottle up the story of a woman who said she had a sexual relationship with Trump.
In doing so, the prosecutors say, Trump repeatedly violated a New York corporate record-keeping law and agreed to break campaign finance laws.”
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“The charge at the heart of the case — falsifying business records — can amount to only a misdemeanor, but it becomes a felony if the defendant falsified the records to obscure a separate crime.
The most obvious candidate for that aggravating element is the admission from Trump’s former lawyer, Michael Cohen, that he arranged a $130,000 payment to porn star Stormy Daniels in consultation with Trump and to aid Trump’s 2016 presidential campaign.
“The defendant Donald J. Trump repeatedly and fraudulently falsified New York business records to conceal criminal conduct that hid damaging information from the voting public during the 2016 presidential election,” the statement of facts says.
“The participants [in the scheme] violated election laws,” the statement continues, though it does not explicitly cite which ones. The statement also mentions Cohen’s guilty plea in 2018 to two federal campaign finance crimes. And in a press release, Bragg said Trump and others sought to conceal “attempts to violate state and federal election laws.”
The references to federal election violations are virtually certain to be the focus of pre-trial motions from Trump’s attorneys, who have contended publicly that this state-law offense cannot be piggybacked on a federal-law crime.
If defense attorneys prevail on such motions, it would not necessarily wipe out the criminal case against Trump. Instead, the case could remain as 34 misdemeanor charges. That would amount to a legal, public relations and political victory for Trump.
Such a result would further diminish the chances of Trump being jailed if found guilty. The maximum sentence on a second-degree falsifying business records charge is up to one year in prison on each count. A downgrading of the case to a misdemeanor might also aid Trump’s efforts to delay a trial.”
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“For Trump to be convicted of falsifying business records, the records at issue have to be, well, business records.
The New York law at issue requires that the falsification involve the records of “an enterprise,” and each count of the indictment claims that Trump falsified records “kept and maintained by the Trump Organization.”
The facts are more complicated. It’s true that the checks sent to Cohen, which labeled the payments as legal expenses, were issued by employees working for Trump’s business empire. But they were not charged to Trump’s businesses. Instead, the payments were made from one of Trump’s personal accounts or from a Trump family trust.
The key question, and one that is sure to feature in efforts by Trump’s lawyers to derail the case, is whether documents that happened to pass through the Trump Organization or handled by Trump Organization personnel are automatically classified as business records, even if the source of the funds was Trump’s personal accounts.”
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“Legal experts said they expect Trump’s lawyers to argue to the judge and, if necessary, a jury that wholly personal expenses that are simply handled by an accountant or other clerical personnel don’t become the “records of an enterprise” just by virtue of that process.”
“There is nothing inherently illegal about paying someone not to disclose a purported affair. But Trump is being accused of illegally plotting to falsify business records in an effort to hide the payment. Under New York law, that crime on its own is a misdemeanor, but it can be bumped up to a felony charge punishable by up to four years in prison if records were falsified with the specific intent to commit or cover up another crime. The indictment released Tuesday doesn’t specify what that second crime may be, but there are indications that Bragg may attempt to connect the payments to campaign finance violations or tax fraud.”
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“there’s generally broad agreement that Bragg appears to have ample evidence to secure conviction on the misdemeanor counts of falsifying business records. There’s serious disagreement, however, on the most important issue: Will Bragg be able to successfully tie those minor violations to a secondary crime?
Skeptics from both sides of the political spectrum say the felony portion of the case is built on shaky and untested legal reasoning that will require ironclad evidence to prove — evidence many believe Bragg likely doesn’t have. There are also major technical issues that could derail the indictment, most notably the untested question of whether a federal crime like a campaign finance violation can count as a secondary crime under New York’s state-level business records law. Some doubters add that the strength of Bragg’s case is irrelevant if the trial isn’t completed in time for the 2024 election, a prospect they say is extremely unlikely.
But others argue that the case isn’t nearly as weak as skeptics make it out to be. They say Bragg and his team, who have jurisdiction over the beating heart of the U.S. financial system, are incredibly adept at litigating complex financial issues such as this one. The lack of details about how Bragg plans to connect critical dots in the case, they add, is a sign that the district attorney is merely saving his most potent ammunition for later, not that he doesn’t have it.
Finally, some legal commentators say the indictment is so short on details and the circumstances so unprecedented that it’s impossible at this early stage to make any real judgments about how the case might play out.”
“Donald Trump’s outraged response to Manhattan District Attorney Alvin Bragg’s indictment of him contained the usual mix of bombast and self-pity, with a predictable dollop of conspiracy-mongering. One line of attack stood out in particular: He accused Bragg of being “hand-picked and funded by George Soros.”
Trump wasn’t alone. The alleged Bragg-Soros connection has been everywhere in the Republican response to the indictment, including in comments from Florida Gov. Ron DeSantis, Ohio Sen. J.D. Vance, and a host of other prominent Republicans and Fox News coverage. It often gets shorthanded into a two-word phrase: “Soros-backed.”
Soros, a nonagenarian Holocaust survivor and billionaire financier, is a longstanding hate figure among conservatives. Over the past two decades, elements of the right in both the United States and his native Hungary have engaged in a concerted campaign to turn Soros into a boogeyman — the shadowy power behind transatlantic liberalism.
Though Bragg has never been directly funded by Soros, the accusation of a link isn’t entirely out of whole cloth — Bragg’s 2021 campaign for district attorney does seem to have indirectly received some of his financial support. But the intensity of the accusation certainly doesn’t seem proportionate to the tenuousness of the connection.
To liberals, the Soros accusation smacks of nothing less than antisemitism. “Just replace ‘Soros-backed’ with ‘Jewy Jew Jewish Jewy Jew,’” the popular comedian John Fugelsang tweeted in response to DeSantis’s attack on Bragg. Naturally, conservatives have denied the charge and argued that liberals are just trying to suppress reasonable criticism of a prominent Democratic donor.
There is, of course, nothing wrong with criticizing Soros’s philanthropic work, especially his partisan donations to the Democratic Party. But it’s difficult to separate the criticisms from the context — and the last two decades of attacks on Soros have turned him into a stand-in for a certain kind of Jewish “rootless cosmopolitan” that allows politicians to appeal to antisemitism without having to do so explicitly.
In the Trump populist era, attacks on so-called “globalists” — a term long used on the extreme right as a euphemism for “Jews” — have become increasingly common on the mainstream right. The increasing mainstream flirtation with antisemitic stereotypes and rhetoric has made the subtext of the attacks on Soros harder and harder to deny.”
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“It’s true that Soros supported pro-democracy activists and civil society groups in former communist states — but that doesn’t make him the “puppet master” secretly getting people out into the streets to demonstrate against dictators. The idea that a Jewish financier is secretly masterminding global events against the interests of rooted local conservatives — it doesn’t take a scholar of antisemitism to see what Beck was drawing on here.”
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“When Trump and his allies tried to position the so-called “migrant caravan” as a major threat to America before the 2018 midterms, the president told reporters that “a lot of people say” Soros was behind it. You heard similar rhetoric from Donald Trump Jr. and Republicans in Congress.
This was a baseless lie, and an antisemitic one to boot. The idea that Jewish money is bringing in nonwhite immigrants to menace the United States is a staple of far-right rhetoric — one that had been voiced by a shooter who killed 11 Jews at a Pittsburgh synagogue in 2018.”
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“Many more thoughtful conservatives have argued that Soros is a principal funder of the “progressive prosecutor” movement, a nationwide campaign to elect district attorneys who aim to try and tackle problems like mass incarceration by (for example) refusing to prosecute certain low-level crimes. Bragg is one such progressive prosecutor, and seems to be the beneficiary of Soros’s funding: Shortly after the group Color of Change pledged roughly $1 million to support Bragg, they received roughly $1 million in funding from Soros.”
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“Conservative criticisms of Soros’s support of “progressive prosecutors” are not necessarily antisemitic. If what they were saying was “progressive prosecutors raise crime rates and it’s bad that Soros is supporting them,” that would be one thing.
But what they’re actually doing is claiming that Trump’s prosecution is illegitimate and politically motivated — and that support from Soros is proof of said illegitimacy. The same “puppet-master” implication is invoked (remember Trump’s words: “hand-picked”). And it beggars belief that these conservatives don’t know that the Trumpist faithful won’t fill in those conspiratorial (and yes, antisemitic) blanks.
So it’s certainly possible to criticize George Soros without being antisemitic in the abstract. But at this point, we know what a dog whistle from Donald Trump and his ilk sounds like, and it’s hard to ignore that the chorus of attacks on the Soros-Bragg connection hit those same notes.”