“During his 2016 campaign, Donald Trump called for a ban on all Muslim immigration to the United States, the targeted assassination of terrorists’ family members, the overturning of Roe v. Wade, the repeal of the Affordable Care Act, and enormous corporate tax cuts.
And voters considered him the most “moderate” Republican candidate in more than four decades.
To the extent this perception had any basis in reality, it reflected Trump’s genuine moderation on one highly salient issue: Unlike many of his GOP predecessors, the mogul emphatically opposed any cuts to Medicare and Social Security. This likely made it a bit easier for ideologically conflicted older Rust Belt voters to pull the lever for a Republican.
As president, Trump never pursued large cuts to Medicare or Social Security benefits and implored his party to avoid them during the debt ceiling fight last year.
Since the days of FDR, Democrats have profited from their reputation as the more stalwart guardians of entitlement benefits. Trump’s triangulation threatens to nullify that critical source of partisan advantage. President Joe Biden has therefore sought to portray Trump’s avowed support for Social Security and Medicare as fraudulent. And on Monday, the presumptive GOP nominee bolstered the president’s case.
In an interview with CNBC, Trump said that he was open to cutting entitlement spending. Then, his campaign said that he wasn’t.
Trump’s reflections on public policy tend to bear only a loose resemblance to coherent thoughts. And his remarks about entitlements on CNBC Monday were no exception. In that exchange, anchor Joe Kernen told Trump that “something has to be done” about entitlement costs, then asked if the former president had changed his mind about cutting “Social Security, Medicare, [and] Medicaid” in light of the rising national debt.
Trump replied:
So first of all, there is a lot you can do in terms of entitlements, in terms of cutting, and in terms of, also, the theft and the bad management of entitlements — tremendous bad management of entitlements. There’s tremendous amounts of things and numbers of things you can do. So I don’t necessarily agree with the statement.
Biden pounced on Trump’s words, posting a clip of the Republican’s answer and vowing that no cuts to entitlements would be allowed “on my watch.” The Trump campaign replied, “If you losers didn’t cut his answer short, you would know President Trump was talking about cutting waste.”
This rebuttal is disingenuous. Trump plainly stated that there was a lot that the government could do “in terms of cutting” entitlements and “also” in terms of combating “theft and bad management of entitlements.” What precisely the former president is referring to when he alleges that Social Security, Medicare, and Medicaid are rife with theft, bad management, and waste is unclear. And neither he nor his campaign has produced any actual evidence of such improprieties.
This said, it’s also true that, by the end of his answer, Trump was evincing disagreement with Kernen’s statement that entitlements needed to be cut. So, one could reasonably argue that, as with so many of Trump’s statements, his musings on entitlement reform were too suffused with internal contradictions and baseless demagogy to have any concrete meaning.
Yet Trump’s gaffe is not the only reason for voters to fear that a Republican victory in November could lead to leaner Social Security benefits.
For one thing, Trump spent his entire presidency trying to cut Medicaid, an entitlement program that provides not only health insurance for low-income Americans, but also long-term care for older voters. And he has tried to cut Social Security benefits for disabled and low-income people.
For another, the GOP’s avowed fiscal commitments cannot be reconciled with preserving Medicare and Social Security in their present forms. Congressional Republicans are committed to enacting trillions of dollars worth of new tax cuts, perennially increasing defense spending, and balancing the federal budget. There is no politically tenable way to do this without cutting Social Security or Medicare.”
“If Joe Biden will not be prosecuted for mishandling classified material, why does Donald Trump face 40 felony charges based on conduct that looks broadly similar? It is a question that Trump’s supporters were bound to ask after Special Counsel Robert Hur, formerly a Trump-appointed U.S. attorney, released his findings about Biden last Thursday. But Hur’s report includes important details that plausibly explain the contrasting outcomes in these two cases. Although Biden’s embarrassingly hypocritical lapses belie his avowed concern about safeguarding material that could compromise national security, the evidence of criminal intent is much stronger in Trump’s case.”
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“That provision applies to someone who “willfully retains” national defense information when he “has reason to believe” it “could be used to the injury of the United States or to the advantage of any foreign nation.””
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“”Contemporaneous evidence suggests that when Mr. Biden left office in 2017, he believed he was allowed to keep the notebooks in his home,” Hur writes. Biden took the same position in an interview with Hur’s office, saying “his notebooks are ‘my property’ and that ‘every president before me has done the exact same thing,’ that is, kept handwritten classified materials after leaving office.” In particular, he cited “the diaries that President Reagan kept in his private home after leaving office, noting that they included classified information.”
Hur does not agree with Biden’s understanding of the law. “If this is what Mr. Biden thought, we believe he was mistaken about what the law permits,” he says. But he adds that Biden’s position “finds some support in historical practice.” The “clearest example,” he says, is “President Reagan, who left the White House in 1989 with eight years’ worth of handwritten diaries, which he appears to have kept at his California home even though they contained Top Secret information.”
Yet as far as Hur could tell, neither the Justice Department nor any other federal agency took steps to “investigate Mr. Reagan for mishandling classified information or to retrieve or secure his diaries.” Hur concludes that “most jurors would likely find evidence of this precedent and Mr. Biden’s claimed reliance on it, which we expect would be admitted at trial, to be compelling evidence that Mr. Biden did not act willfully.””
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“the classified Afghanistan documents did not come up again in Mr. Biden’s dozens of hours of recorded conversations with the ghostwriter, or in his book. And the place where the Afghanistan documents were eventually found in Mr. Biden’s Delaware garage—in a badly damaged box surrounded by household detritus—suggests the documents might have been forgotten.”
That explanation, Hur says, is reinforced by the fact that Biden’s memory “was significantly limited, both during his recorded interviews with the ghostwriter in 2017” and “in his interview with our office in 2023.””
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“Hur notes that Biden’s “cooperation with our investigation, including by reporting to the government that the Afghanistan documents were in his Delaware garage, will likely convince some jurors that he made an innocent mistake, rather than acting willfully”
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“Unlike “the evidence involving Mr. Biden,” Hur writes, “the allegations set forth in the indictment of Mr. Trump, if proven, would present serious aggravating facts. Most notably, after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite. According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it.”
That alleged conduct underlies eight additional felony charges against Trump. “In contrast,” Hur writes, “Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview, and in other ways cooperated with the investigation.” Trump’s alleged defiance and deceit, in short, distinguish his conduct from Biden’s: They suggest that Trump retained national defense information “willfully,” as required for a conviction under 18 USC 793(e), and that he committed additional crimes to cover up the underlying offense.”
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“Hur plausibly concluded that criminal charges against Biden were not appropriate because there was insufficient evidence that he “willfully” retained documents he was not supposed to have. But that does not let Biden off the hook for repeatedly violating the standard of care that he himself insists is essential to protecting national security.”
Dismissal of James Comey Wikipedia. https://en.wikipedia.org/wiki/Dismissal_of_James_Comey The Comey firing, as retold by the Mueller report Eric Tucker. 2019 4 23. AP News. https://apnews.com/united-states-government-4ff1ecb621884a728b25e62661257ef0 Giuliani: Trump fired Comey because former FBI director wouldn’t say he wasn’t a target in investigation Politico Staff. 2018
“Like the party itself, McDaniel made changes and accommodations to aid and ally with Trump. Much has been written about her decision to drop her maiden name, Romney, at Trump’s behest. But the more consequential choice McDaniel made was to help move the party away from its establishment bearing — from which she herself came — into one that echoed Trump’s political fancies. She stood by him even after he threatened to form his own party, spread conspiracies about widespread fraud, lost the 2020 election and then attempted to overturn those results.”
“Donald Trump’s return to the White House could be “catastrophic” for clean energy, particularly the still struggling offshore wind industry, a top Biden administration official says.
Eric Beightel, who is in charge of coordinating infrastructure approvals across federal agencies, told the POLITICO Energy podcast he is “somewhat terrified” that a second Trump presidency would be “catastrophic to our hopes and dreams of our clean energy transition.”
“What we saw during the last Trump administration is that offshore wind essentially stood still,” Beightel said during an interview for the podcast posted Thursday. “And what we’ve had to do since coming in was to pick that up.
“If we had to do that again, coupled with the previous supply chain issues that we’ve already had to reconcile, that could be a death knell to this nascent industry,” said Beightel, executive director of the Federal Permitting Improvement Steering Council.”
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“Trump’s administration took action in line with the ex-president’s views: In 2019, it delayed the Vineyard Wind project — a 62-turbine facility planned for the waters off Martha’s Vineyard — by ordering more environmental reviews that critics said were intended to block its construction. (That project eventually passed muster with Biden’s regulators and recently started sending power to the electric grid.)
The prospect of a second Trump administration is emerging at a time when wind projects are caught in the middle of a struggle between Democrats and Republicans over how to rewrite federal permitting rules for energy infrastructure. Both parties agree on the need to approve energy projects more quickly — but the parties’ priorities remain far apart, as Republicans focus on smoothing the path for pipelines and natural gas export terminals while most Democrats emphasize electricity transmission projects to carry wind, solar and other renewable power.”
“In recent years, the Roberts Court has shown greater and greater impatience with criminal defendants’ efforts to forestall punishment — even if the outcome would be cruel, needlessly painful or simply unjustified. The effect of this new hostility to delay is most sharply felt in the death penalty context. But a general hostility to foot-dragging in criminal cases is a through line in the court’s docket.
Justice Neil Gorsuch set the tone for this approach in 2019, when he complained that legal challenges to the death penalty were often used to stall or even derail execution. Courts, said Gorsuch, should “police carefully against attempts” to use constitutional challenges as tools to interpose unjustified delay.” In particular, he warned, “last-minute stays should be the extreme exception, not the norm.”
The court has since followed Gorsuch’s lead with an unsavory relish. Before 2020 and the death of Justice Ruth Bader Ginsburg, it was common for the Supreme Court to grant stays to hear legal questions that arose at the last stage of a capital case. Since then, it has only granted two such stays. In the same period, it has also vacated nine stays on death sentences imposed by lower courts.
The result has been predictable: Many of the convictions the court has let stand are plausibly described as “riddled with errors.” And in January, the court declined to hear a challenge to Alabama’s novel use of nitrogen gas to execute Kenneth Smith. Witnesses described Smith’s resulting death as horrific — extended and torturous — and not at all painless as the state promised.
The same is true of federal prosecutions. In the last half of 2020, the court stepped aside as the federal government sprinted to execute 13 people — as many as had been killed in the previous six decades. Justice Sonia Sotomayor noted that the court “repeatedly sidestepped its usual deliberative processes” to enable an “expedited spree of executions.” In its haste to see punishment done, the court waved away its usual rules.
Outside the capital punishment cases, the Supreme Court has added more and more constraints upon prisoners’ ability to challenge constitutional errors. Gorsuch and Justice Clarence Thomas in particular have urged that the longstanding right to challenge state court convictions in federal court be effectively gutted. The effect of their proposal would be to streamline even further the criminal justice process — shutting down almost all efforts to raise objections before they had even started.
All this makes the Supreme Court’s decision to hear Trump’s appeal for absolute immunity from all criminal charges even more unusual, and troubling.
Start with the weakness of Trump’s argument. There is absolutely no constitutional text, no precedent and no authority in the original debates over the Constitution’s ratification to support the idea for a former president’s absolute immunity. The argument advanced by Trump’s counsel is patently absurd. The idea that senators could impeach a president who threatened them with deadly violence and so no criminal justice process is needed, is facetious. The District of Columbia Court of Appeals rightly ridiculed it — and issued a comprehensive, tightly reasoned and unanimous opinion that presented no good cause for further review.
Trump is within his right to appeal the decision, but there’s no good reason for the Supreme Court to take it up and review it as a matter of law — especially given how thorough the D.C. Circuit was.
In fact, the court’s erstwhile concern with “unjustified delay” in criminal cases would seem to cut hard against hearing the case. It is, after all, a matter of common knowledge that the former president’s legal strategy is to run out the clock and thus prevent a trial prior to the election. Here then is a case where justice delayed may well be justice derailed.
Indeed, the grounds for the court rejecting Trump’s request to take up the immunity question appear much stronger than in Kenneth Smith’s challenge to the use of nitrogen gas. If Smith had been successful, Alabama could have found another, permissible way to kill him. If Trump’s trial is delayed enough, it may never happen. If Trump is back in the White House, he can easily quash the Justice Department’s case.
The Supreme Court’s attention, moreover, is a precision good. In the court’s 2022-23 term, the court issued just 58 decisions. Given that this scarce commodity is so infrequently used to prevent the miscarriage of criminal justice, the question must be asked: Why now? And why for this defendant?
There is no good answer. It is hard to see any legally sound reason why the Supreme Court should have decided to step in to hear Trump’s implausible and constitutionally destructive claim for absolute criminal immunity — especially when it has refused to hear so many other criminal defendants’ far more meritorious claims.”
“A trove of documents released this week reveal extraordinary new details about the role of Kenneth Chesebro — a once-obscure conservative attorney — in driving the strategy to keep Donald Trump in power despite his defeat in the 2020 election.
Communications between Chesebro and a top Trump campaign lawyer in Wisconsin, Jim Troupis, show that Chesebro argued just days after the Nov. 3, 2020 election that creating a “cloud of confusion” by submitting dueling slates of electors would be enough to keep Joe Biden from becoming president.”
“The Supreme Court ruled on Wednesday that Trump’s DC criminal trial, the one concerning his attempt to steal the 2020 presidential election, must be delayed for at least another two months. The Court already effectively delayed his trial for an additional two and a half months in an order handed down last December.
This order is a colossal victory for Trump, and could potentially allow him to evade criminal responsibility for his attempts to overthrow the 2020 election altogether. Trump’s goal is to delay his trials until after Election Day. Should he prevail in that election, he can then order the Justice Department to drop all federal charges against him.
Trump was able to secure such an order from the justices by exploiting the fact that the federal judiciary ordinarily does not allow two different courts to have jurisdiction over the same case at the same time. So, when a party to a lawsuit or criminal proceeding appeals a trial court’s decision, the trial court often loses authority over that case until the appeal is resolved.
The ostensible reason for the Court’s order putting the trial on ice is that the Court needs that time to consider a weak appeal challenging a ruling by Judge Tanya Chutkan, the judge presiding over his DC criminal trial.
According to Trump, the Constitution forbids any prosecution of a former president for any “official acts” he engaged in while in office. The implications of this argument are astounding, and Trump’s lawyers haven’t exactly tried to hide them. During one court hearing, the former president’s lawyer told a judge that Trump could not be prosecuted even if he had ordered “SEAL Team 6 to assassinate a political rival,” unless Trump were also impeached and convicted by the Senate.”
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“Yet Trump has now, with Wednesday’s ruling, leveraged this ridiculous legal argument to delay his DC trial for at least four and a half months, and the delay will likely extend much longer because the Court will need time to produce an opinion. The Court will hear oral arguments in late April.
Simply put, Wednesday’s order is a disaster for anyone hoping that Trump may face trial before the November election. And, because the nominal reason for this order is to give the justices more time to decide if the president is completely above the law, this decision raises serious doubts about whether this Court can be trusted to oversee Trump-related cases in a nonpartisan manner.”
“The Court’s latest decision, Trump v. Anderson, took on the question of whether a provision of the 14th Amendment, which prevents former high-ranking officials who “have engaged in insurrection or rebellion against” the United States from serving in a high office again, disqualifies Trump from office. Their answer is as big a victory as Trump could have hoped for.
The five-justice majority opinion does not simply hold that Trump may seek the presidency again, despite his role in inciting the January 6 insurrection at the US Capitol. It effectively neutralizes this provision of the 14th Amendment altogether — at least as applied to the 2024 election.
All nine justices agreed that the state of Colorado, whose highest court determined that Trump was disqualified, was not allowed to make this determination. As the Court’s three Democratic appointees write in a cosigned opinion dissenting from the majority’s reasoning, states have limited authority to decide questions that “‘implicate a uniquely important national interest’ extending beyond a State’s ‘own borders.’” So the decision whether or not to disqualify Trump should have come from a federal court, or some other federal forum, not from state courts.
Fair enough, but the majority opinion (which is unsigned, and joined by all of the Court’s Republican appointees except for Justice Amy Coney Barrett) goes much further than that. It holds that the Constitution “empowers Congress” — and only Congress — to determine which individuals are disqualified from public office because they previously engaged in an insurrection.
Then it points to a single statute, a criminal law that calls for imprisonment and disqualification from office for anyone who “engages in any rebellion or insurrection against the authority of the United States or the laws thereof” as the sole existing vehicle to enforce the 14th Amendment’s anti-insurrection provision. Trump has not yet been charged with violating this law, although he has been charged with violating other federal criminal laws because of his alleged attempt to overthrow the 2020 election.
This means that any attempt to disqualify Trump is almost certainly dead. Even if special counsel Jack Smith can amend his indictment to bring charges under the insurrection statute, the Court’s decision to slow-walk Trump’s trial means that the election will most likely be over before that trial takes place.
The courts, it is now crystal clear, are not going to do much of anything to prevent an insurrectionist former president from occupying the White House once again. And the Supreme Court appears to be actively running interference on Trump’s behalf.”