Judge grants #JackSmithâs request to pause Trump #January6case
Judge grants #JackSmithâs request to pause Trump #January6case
Good Day!!
This is getting ridiculous. On August 27, Trump staged a campaign event at Arlington National Cemetery, supposedly to commemorate the deaths of 13 soldiers in a suicide bombing that took place during the U.S. withdrawal from Afghanistan. This was not an official event, even though Trump tried to pretend it was. He was apparently invited to the private ceremony by 2 of the deceased soldiersâ families.
As we all know by now, a woman representative of the cemetery tried to stop Trumpâs people from filming and photographing in Arlingtonâs Section 60, because federal law forbids it. Two Trump staff members verbally abused the woman and roughly pushed her aside. Later they claimed that she was mentally ill.
A report was filed with police, but the woman declined to prosecute because she feared reprisals from Trumpâs goons and thugs. There are still many questions about this incident, chief among them: why has no reporter or other witness revealed the names of the staffers who attacked the woman? And why has the army refused to provide any further information?
Arlington National Cemetery
Now, a week later, Trump himself is claiming the incident never happened. David Kurtz from TPMâs Morning Memo: Trump: âIt Was A Made Up Story.â
Since we last touched base on Trumpâs Arlington National Cemetery fiasco, none of the big six outstanding questions have been answered â but Trump may have given himself a new self-inflicted wound.
With the Army declaring the case âclosedâ after the cemetery staffer in fear of MAGA reprisals declined to press criminal charges over the alleged incident and with a holiday weekend allowing attention to drift away from the story, Trump took the curious step of reigniting the firestorm by publicly issuing a complete denial Tuesday that any kind of altercation took place.
Not only did it not happen but the story was âmade up,â Trump claimed, by âComrade Kamala and her misinformation squad.â It was, in Trumpâs telling, just a âBEAUTIFUL DAY OF HONORâ with âno fights or problems.â
Hereâs what Trump posted, according to NPR:
Former President Donald Trump denied Tuesday there was a conflict or âfighting,â during his visit to Arlington National Cemetery last week, calling it a âmade up story,â though Army officials said one of their employees âwas abruptly pushed asideâ by Trump campaign officials.
âIt was a made up story by Comrade Kamala and her misinformation squad,â Trump posted on his Truth Social website using the sobriquet he has coined for Vice President Harris, the Democratic presidential nominee. âShe made it all up to make up for the fact that she and Sleepy Joe have BLOOD ON THEIR HANDS for the INCOMPETENT AFGHANISTAN Withdrawal â THE MOST EMBARRASSING DAY IN U.S. HISTORY!!!â
Back to David Kurtz at TPM:
So now we have a situation where the Trump campaign disparaged the cemetery staffer has having a âmental health episode,â said she shouldnât be in her job, suggested she suffered from Trump Derangement Syndrome â and now Trump himself is claiming nothing even happened.
At the same time, the Army seems desperate to make this all go away.
The Army is currently sitting on the police report filed by the cemetery staffer recounting her version of the incident where she was reportedly verbally abused and shoved aside by two Trump campaign staffers when she tried to enforce cemetery rules against political activities.
As of late last week, Democratic staffers on the Senate Armed Services Committee âhave been directly communicating with Army officials about the incident, and are in the process of seeking and receiving the information in the report and about what happened,â according to Greg Sargent.
At the at same time, House Democratic staffers attempting to looking into the matter are âfrustratedâ about resistance from the Army theyâre running into, Sargent reports:
âMeanwhile, senior House Democrats are privately pushing Army officials to say more clearly what laws or regulations they think may have been broken and to reveal more details about what happened, another aide says, noting that Democratic staffers are encountering resistance, leaving them frustrated.â
With Trump issuing a blanket denial of any incident even occurring, is the Army going to release the police report and provide more details about the incident or leave the cemetery staffer twisting in the wind?
Apparently, even the U.S. Army is intimidated by Trump.
Will Bunch at The Philadelphia Inquirer: The ugly truth weâre missing on Trump, Arlington. [Hint: misogyny]
âŚ.[D]espite a week of headlines, thereâs one critical aspect to this story I feel is being ignored, even though it is central to the very essence of Trumpâs warped campaign.
The people closest to Trump allegedly shoved and verbally abused a woman â because thatâs what they do.
And when the woman complained in a formal statement to the U.S. Army, Team Trump gaslit her by accusing her of being a psycho â seemingly part of an intimidation campaign which was meant to scare the accuser from pressing criminal charges.
Steven Cheung
This blatantly sexist bullying of the Arlington employee has worked â just as itâs worked so many times for Trump himself during his decades-long trail of sexual abuse and harassment allegations, and just as violence and gross mistreatment of women hasnât thwarted the careers of Trumpâs male-dominated inner circle.
We shouldnât let the other unseemly aspects of Trumpâs behavior at one of Americaâs most sacred places obscure the fact that rank misogyny is the lifeblood of this authoritarian crusade to retake the White House, and that contempt for women saturates everything they do. It runs the gamut from taking away reproductive rights and ridiculing any female who doesnât become a âtradwife,â to the inner circleâs 100% tolerance policies toward sexual harassment, to the ultimate goal of creating doubts that any woman â first Hillary Clinton, now Kamala Harris â is fit to lead the United States.
In the Arlington affair, the circumstances and setting are different, but the Team Trump response carries powerful echoes of practically every time Trump or his subordinates have been accused of misconduct involving women. Consider the best-known case: that of Manhattan writer E. Jean Carroll, who accused Trump of sexually assaulting her in a department-store dressing room in 1996 and has won civil court judgments over both the assault â which the judge characterized as a rape â and the campaign of defamation surrounding it.
In both the Carroll case and the physical attack at Arlington, Trump insisted the woman was making it all up. And you can hear the echoes of what Trump and his lawyers falsely said about Carroll â that she was a lying political operative â in spokesman Steven Cheungâs outrageous claim about the cemetery employee that she was âclearly suffering from a mental health episodeâ and in campaign chair Chris LaCivita branding her as âdespicable.â
These aggressive deny-and-defame tactics have enabled a billionaire-turned-president to brush off more than two dozen credible allegations of sexual harassment or assault over his career, and â in a demoralizing moment of clarity about the brute force of misogyny in America â defeat the first major-party woman nominee in 2016, even after he was caught on tape bragging about his propensity for grabbing female private parts.
Of course J.D. Vance fits in with this gang of woman-haters, as Bunch goes on to discuss.
Gee, I wonder why Trump is doing poorly among women voters? Alexander Bolton at The Hill: Republicans fret over Trumpâs free fall among women.
Republican pollster Whit Ayres says âitâs going to be a challengeâ for Trump to chip away at Vice President Harrisâs big lead among women.
âThe real challenge right now for Republicans is whether they can perform sufficiently well among men to overcome the deficit among women. Given the prominence of abortion in this yearâs race and Trumpâs past statements about women, the traditional gender gap could become a gender chasm,â he warned.
An ABC News/Ipsos poll published Sunday showed Harris with a huge lead over Trump among women, 54 percent to 41 percent, while Trump enjoyed a more modest 51 percent to 46 percent lead over Harris among men.
Especially concerning for Republicans, the ABC/Ipsos poll showed Harrisâs standing among women had jumped significantly compared to before the Democratic convention in Chicago, when she led Trump by only 6 points among women.
A Reuters/Ipsos poll published Thursday also showed Harris with a 13-point lead among women, 49 percent to 36 percent, and Trump with a smaller lead among men voters.
Both polls showed Harris with a 4-percentage point overall lead nationwide.
Trump has tried to win over college-educated and suburban women by moderating his position on abortion and backing free in vitro fertilization (IVF) treatments.
But those proposals are meeting a backlash from anti-abortion conservatives, and GOP strategists are skeptical about how much they will influence women who have already moved away from TrumpâŚ.
Glenn Kessler at The Washington Post Fact Checker also addressed the Arlington incident: Trump appears to have misled Gold Star families on troop deaths in Afghanistan.
âWe didnât lose one person in 18 months. And then they took over that disaster.â
â Former president Donald Trump, in a video of him at Arlington National Cemetery speaking to the families of U.S. troops killed at Abbey Gate in Afghanistan, posted on TikTok, Aug. 28
This TikTok of Trumpâs controversial visit to Arlington, where he marked the third anniversary of a suicide bombing that killed 13 U.S. troops during the chaotic evacuation of Afghanistan overseen by President Joe Biden,has been viewed more than 11 million times. Federal law prohibits election-related activities at military cemeteries, but Trumpâs entourage pushed past a cemetery employee who tried to prevent Trumpâs aides from bringing cameras, according to the Army.
Trump senior adviser Chris LaCivita
Those cameras appear to have recorded Trump saying these words to the Gold Star families. (The TikTok shows him talking to families as the words are spoken as a voice-over.) In his phrasing, it sounds as if no troops were killed in Afghanistan during the last 18 months of his presidency. Thatâs false, though as we will show, there was an 18-month gap with no fatalities across Trumpâs and Bidenâs combined presidencies.
The Facts
A Trump campaign spokesman did not respond to queries about why Trump says there were no fatalities over 18 months. Using the Defense Casualty Analysis System, we first reviewed every 18-month period in Trumpâs four years as president, looking only at deaths in hostile action in Afghanistan during Operation Freedomâs Sentinel, not accidental deaths such as in a vehicle or helicopter crash. There was no such period.
Then we focused on the last 18 months of his presidency â July 20, 2019, to Jan. 20, 2021. That makes the most sense since Trump referenced Bidenâs taking over. The Defense Department database showed 12 deaths from hostile action in that period. We double-checked with the news releases issued by the Pentagon in that period and confirmed the 12 names.
The last two deaths occurred on Feb. 8, 2020. Javier Jaguar Gutierrez of San Antonio and Antonio Rey Rodriguez of Las Cruces, New Mexico, both 28, werefatally ambushed by a rogue Afghan policeman. Trump, along with Vice President Mike Pence, flew to Dover Air Force Base when the bodies arrived in the United States.
Kessler also notes that Trump initially agreed with Bidenâs withdrawal policy, and he (Trump) also bragged that he was the one who set up the process of withdrawal.
In March 2020, Trump approved an agreement with the Taliban (not the Afghan government at the time) for all U.S. forces to leave the country by May 1, 2021. He sealed the deal with a phone conversation with Abdul Ghani Baradar, a co-founder of the Taliban and head of its political office in Qatar. âWe had a good long conversation today and, you know, they want to cease the violence,â Trump told reporters at the time. âTheyâd like to cease violence also.â
Despite abandoning many of Trumpâs policies, Biden honored this one, just stretching out the departure by a few months in 2021.
Trump even celebrated Bidenâs decision to stick with the withdrawal. âGetting out of Afghanistan is a wonderful and positive thing to do. I planned to withdraw on May 1st, and we should keep as close to that schedule as possible,â he said in a written statement after Biden announced he would continue the departure set in motion by Trump.
At a political rally on June 26 that year, weeks before the collapse of the Afghan government, Trump bragged that he had made it difficult for Biden to change course. âI started the process. All the troops are coming back home. They couldnât stop the process,â he said. âTwenty-one years is enough, donât we think? Twenty-one years. They [the Biden administration] couldnât stop the process. They wanted to, but it was very tough to stop the process.â
Read the rest at the WaPo.
You might also be interested in this piece by Parker Malloy: How the Media Let Trump Off the Hook for His Arlington National Cemetery Stunt.
A couple of updates on Trumpâs legal woes:
AP: Federal judge rejects Donald Trumpâs request to intervene in wake of hush money conviction.
A federal judge on Tuesday swiftly rejected Donald Trumpâs request to intervene in his New York hush money criminal case, spurning the former presidentâs attempt at an end-run around the state court where he was convicted and is set to be sentenced in two weeks.
U.S. District Judge Alvin Hellersteinâs ruling â just hours after Trumpâs lawyers asked him to weigh the move â upends the Republican presidential nomineeâs plan to move the case to federal court so that he could seek to have his conviction overturned in the wake of the U.S. Supreme Courtâs presidential immunity ruling.
Trumpâs lawyers challenged the decision, filing a notice of appeal late Tuesday in the 2nd U.S. Circuit Court of Appeals. Trump and his lawyers âwill continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all,â his campaign spokesperson, Steven Cheung, said in a statement.Hellerstein, echoing his denial of Trumpâs pretrial bid to move the case, said the defense failed to meet the high burden of proof for changing jurisdiction and that Trumpâs conviction for falsifying business records involved his personal life, not official actions that the Supreme Court ruled are immune from prosecution.
Shirin Ali at Slate: Trumpâs Last-Ditch Effort to Delay His Sentencing.
Trump has been doing everything he can to avoid his upcoming sentencing in New York, with his attorneys filing a last-ditch motion last week to get the hush money case transferred to federal court. Meanwhile, special counsel Jack Smith filed a new superseding indictment that adjusts for the Supreme Courtâs landmark presidential-immunity decision.
Manhattan District Attorney Alvin Bragg
A few days later, Trumpâs attorneys responded by proposing a timeline for resolving the Jan. 6 federal case that extends well beyond the November election.Last week, the former presidentâs attorneys filed a removal notice that requested that his hush money case be transferred to federal court and out of New York Supreme Court Justice Juan Merchanâs hands, about two weeks before his scheduled sentencing on Sept. 18.
This is the second time Trumpâs defense team has asked to transfer this case; a district-court judge denied its first attempt earlier this year. However, this time around, Trumpâs team has the Supreme Courtâs presidential-immunity decision to point to. In a 65-page notice, the lawyers argue that Manhattan District Attorney Alvin Braggâs case was âflawedâ and that he used evidence that should not have been admissible because itâs related to âofficial actsâ covered by presumptive immunity.
âPost-trial removal is necessary under these circumstances to afford President Trump an unbiased forum, free from local hostilities, where he can seek redress for these Constitutional violations,â write Trumpâs attorneys.Just three weeks ago, his attorneys also requested that Merchan delay Trumpâs Sept. 18 sentencing. Trump has repeatedly tried and failed to get the judge to recuse himself from the hush money trial as well. On Tuesday, Braggâs office responded to Trumpâs removal request, noting that proceedings in state court can continue even as the federal courts consider the request.
That case appears to be decided, but apparently Trump is trying to appeal once again. Back to the Slate article:
The Special Counsel Files a New Indictment
The Supreme Courtâs presidential-immunity decision was considered a big win for Trump, but Jack Smith isnât giving up yet. Last week, the special counsel filed a new superseding indictment in his federal election-interference case against the former president.
The indictment raises the same four counts against Trump as the original did, including for obstruction of an official proceeding, a charge that could be affected by the Supreme Courtâs recent ruling in Fischer v. United States. That decision narrowed the scope of the Sarbanes-Oxley Actâit included a section that seemed to broadly outlaw any obstruction of an official proceeding, and the justices ruled that it should apply only to interference with official documents. Smithâs determination to keep the obstruction charges indicates heâs willing to risk litigating the issue further in court.
The superseding indictment also eliminated any mention of former Trump Department of Justice official Jeffrey Clark and cut back significantly on how much it discusses former Vice President Mike Penceâs role. (Trumpâs conversations with former DOJ officials and advisers are now considered âofficialâ acts that are covered by absolute immunity and thus cannot be used as evidence, while his conversations with Pence appear to be covered by presumptive immunity.) [âŚ.]
Judge Tanya Chutkan has scheduled a hearing Thursday to determine the next steps in this case. Her biggest priority will be to conclude what portions of Smithâs indictment fall under core official presidential acts and what do not. In order to make those decisions, she could find that evidentiary hearings are necessary and require that witnesses testify, though Smith has reportedly been hoping to avoid this kind of minitrialâŚ.
The special counsel and Trumpâs attorneys filed a joint proposal late last week that laid out two very different timelines for Smithâs federal election-interference case. The former president also indicated that he plans to file a series of motions challenging Smithâs superseding indictment and his appointment to special counsel.
Trumpâs attorneys suggested a timeline in which Chutkan considers a series of motions through the end of this yearâstretching well past Novemberâs presidential election. Their timeline would have Chutkan considering a motion to dismiss based on presidential immunity in mid-December and pretrial litigation continuing through spring and fall 2025. The defense also acknowledges Smithâs new superseding indictment, arguing that it âcorrespondingly requires time to review the new charging instrument as [Trump] determines what steps and procedures to undertake regarding, among other motions, his Presidential immunity defense.â
We are going to have to get Kamala Harris elected if we want any chance of Trump finally facing legal accountability.
Ginni Thomas
Iâll end with one more interesting story from ProPublica: Ginni Thomas Privately Praised Group Working Against Supreme Court Reform: âThank You So, So, So Much.â
Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, privately heaped praise on a major religious-rights group for fighting efforts to reform the nationâs highest court â efforts sparked, in large part, by her husbandâs ethical lapses.
Thomas expressed her appreciation in an email sent to Kelly Shackelford, an influential litigator whose clients have won cases at the Supreme Court. Shackelford runs the First Liberty Institute, a $25 million-a-year organization that describes itself as âthe largest legal organization in the nation dedicated exclusively to defending religious liberty for all Americans.â
Shackelford read Thomasâ email aloud on a July 31 private call with his groupâs top donors.
Thomas wrote that First Libertyâs opposition to court-reform proposals gave a boost to certain judges. According to Shackelford, Thomas wrote in all caps: âYOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH.â
Shackelford said he saw Thomasâ support as evidence that judges, who âcanât go out into the political sphere and fight,â were thankful for First Libertyâs work to block Supreme Court reform. âItâs neat that, you know, those of you on the call are a part of protecting the future of our court, and they really appreciate it,â he said.
On the same call, Shackelford attacked Justice Elena Kagan as âtreasonousâ and âdisloyalâ after she endorsed an enforcement mechanism for the courtâs newly adopted ethics code in a recent public appearance. He said that such an ethics code would âdestroy the independence of the judiciary.â (This past weekend, Justice Ketanji Brown Jackson said she too was open to an enforceable ethics code for the Supreme Court.)
After the call, First Liberty sent a recording of the 45-minute conversation to some of its supporters. ProPublica and Documented obtained that recording.
Have a nice Wednesday, everyone!!
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