The Full Belmonte, 11/7/2023
Former President Donald Trump's long-awaited testimony about property valuations and financial statements was punctuated by personal jabs at a judge he said was biased against him and at the state attorney general, whom he derided as a “political hack.” Read More at AP News
Trump gets testy
Former President Trump makes a zipped-lips motion as he walks out of the courtroom in New York today. Photo: Eduardo Munoz Alvarez/AP
“In testy exchange after testy exchange at a Manhattan courthouse today, former President Trump sparred with the judge overseeing his New York civil fraud trial that threatens his business empire, Axios' Erin Doherty writes.
Why it matters: A characteristically combative Trump acknowledged that he had input in some of the financial statements at the center of the $250 million lawsuit.
What's happening: Trump's off-topic testimony — in which he railed against the case and New York Attorney General Letitia James — drew rebukes early and often from Judge Arthur Engoron.
‘Can you control your client?’ Engoron asked Trump lawyer Christopher Kise. ‘This is not a political rally. This is a courtroom.’
Engoron grew heated and accused Trump of evading his questions.
He told Kise: ‘I beseech you to control him if you can. If you can't, I will.’
Keep reading at Axios
Israeli forces cut off north Gaza to isolate Hamas as Palestinian deaths surpass 10,000
Smoke rises following Israeli airstrikes on the northern Gaza Strip.
PHOTO: MOHAMMED SABER/SHUTTERSTOCK
The Gaza Health Ministry in the Hamas-ruled enclave says the Palestinian death toll in the Israel-Hamas war now exceeds 10,000. The war has quickly become the deadliest Israeli-Palestinian violence since Israel’s establishment 75 years ago, with no end in sight Read More at AP News
Texas Man With History of Wantonly Firing AR-15 Could Gut Gun Laws Nationwide
Supreme Court to consider whether Second Amendment trumps law prohibiting gun ownership by those under domestic-violence orders
The Supreme Court will consider a federal law that an appeals court struck down for violating the constitutional right to keep and bear arms. PHOTO: SHAWN THEW/SHUTTERSTOCK
“WASHINGTON—Zackey Rahimi pulled a gun on his ex-girlfriend in a parking lot and shot at a witness who saw them arguing, prompting a Texas family court to issue a protective order in 2020 temporarily forbidding him from possessing firearms.
Rahimi ignored the order, authorities say, going on to threaten another woman with a gun, fire an AR-15 into the house of one of his narcotics customers, and shoot into the air at a Whataburger drive-through after his friend’s credit card was declined. That led to his conviction under a 1994 federal law prohibiting people under domestic-violence orders from possessing guns—and set up the latest chapter in the modern history of the Second Amendment.
Earlier this year, a federal appeals court in New Orleans struck down the 1994 federal law for violating the constitutional right to keep and bear arms. On Tuesday, the Supreme Court will consider the Biden administration’s appeal in U.S. v. Rahimi, which argues that the law—and similar measures in nearly every state—not only is constitutional, but has helped protect vulnerable women, children and bystanders from deadly violence.
‘The presence of a gun in a household with a domestic abuser increases the risk of homicide fivefold,’ according to research cited by the Justice Department’s brief. ‘Abusers also use guns to threaten, pistol-whip, and shoot their partners or their partners’ children, relatives, and pets,’ the brief argues, enabling them ‘to perpetuate their pattern of abuse.’
Rahimi’s lawyer, federal public defender Matthew Wright, says the system lacks enough safeguards to ensure that only people who are genuine threats are disarmed. The Second Amendment takes policy choices like the 1994 law off the table, he argues. The constitutional approach to domestic abusers is to ‘prosecute and jail people who commit violence’ rather than take away their guns before they are convicted of a crime, Wright asserts.
There is little dispute that felons can be stripped of their gun rights, but the 1994 law was aimed at people like Rahimi, who courts considered dangerous but hadn’t been convicted of crimes.
Absent such a conviction, Rahimi remained ‘among ‘the people’ entitled to the Second Amendment’s guarantees, all other things equal,’ the Fifth U.S. Circuit Court of Appeals said in a March decision striking down the law disarming domestic abusers. The court said its ruling was compelled by a 2022 Supreme Court precedent placing new limits on government’s power to curb gun violence, New York State Rifle & Pistol Association v. Bruen. The majority opinion, by Justice Clarence Thomas, declared that only laws analogous to weapons regulations common during America’s founding era can pass constitutional muster.
A 2022 Supreme Court ruling declared that only laws analogous to weapons regulations common during America’s founding era can pass constitutional muster. PHOTO: KEITH SRAKOCIC/ASSOCIATED PRESS
Bruen was the court’s widest expansion of Second Amendment rights since 2008, when for the first time the justices found the provision entitles an individual to armed self-defense within the home rather than simply maintaining the right of state governments to maintain militias akin to those they had organized before the Union.
Gun-rights advocates set up test cases like Bruen and District of Columbia v. Heller, which kicked off the 21st century revolution in Second Amendment law to demonstrate how regulations could frustrate law-abiding, responsible citizens interested in self-defense and recreational shooting. But public defenders also have been watching legal developments closely, and have quickly moved to apply the Supreme Court’s more permissive approach to firearms on behalf of suspected criminals who often run afoul of gun laws.
That is how Rahimi, whom the Fifth Circuit acknowledged was ‘hardly a model citizen,’ became the unlikely face of the gun-rights movement. After the parking-lot argument, where Rahimi threatened to take away the child they shared, the ex-girlfriend sought a restraining order from the family court in Fort Worth. The court, finding that he had ‘committed family violence’ and that it was ‘likely to occur again in the future,’ issued an order that among other provisions suspended his handgun license and forbade him from possessing firearms for two years.
Rahimi, authorities say, quickly flouted the order. He was arrested for approaching the woman’s house in the middle of the night, threatened another woman with a gun, and was involved in at least five shooting incidents. Police investigating the shootings searched Rahimi’s house and found a .45 caliber Glock pistol, a .308 caliber semiautomatic rifle, magazines and ammunition, along with a copy of the protective order.
Charged in federal court with violating the 1994 law, Rahimi argued that he had a Second Amendment right to possess the weapons. The trial judge rejected the argument, and, on June 8, 2022, the Fifth Circuit, applying precedent then in force, affirmed that decision. Rahimi, who after his constitutional argument was rejected had pleaded guilty to violating the 1994 law, was sentenced to more than six years in prison.
But when the Supreme Court issued its Bruen decision 15 days later, Wright asked the Fifth Circuit to reconsider the case. The circuit court withdrew its previous ruling and threw out Rahimi’s conviction.
The appeal before the Supreme Court argues that the domestic-abuser law fits within the government’s traditional authority to keep weapons out of untrustworthy hands. PHOTO: SARAH SILBIGER/BLOOMBERG NEWS
The question ‘is not whether prohibiting the possession of firearms by someone subject to a domestic violence restraining order is a laudable policy goal,’ wrote Judge Cory Wilson. Rather, it was whether the 1994 law violated the Second Amendment.
Under the Bruen rule, he wrote, it did, because no analogous laws disarming violent domestic partners were applied in 1791, when the Second Amendment was ratified, or in 1868, when the 14th Amendment, which prohibits states from violating federal rights, was adopted.
On appeal to the Supreme Court, the Justice Department argues that the domestic-abuser law fits within the government’s traditional authority to keep weapons out of untrustworthy hands.
‘Different legislatures have disarmed different groups at different times: loyalists and rebels in the 18th century; underage individuals and persons of unsound mind in the 19th century; and felons, drug addicts, and domestic abusers in the 20th century,’ the department’s brief argues. ‘But those disqualifications all reflect the same enduring principle: The Second Amendment allows Congress to disarm individuals who are not law-abiding, responsible citizens.’
Rahimi’s brief says the government’s argument generalizes the historical analysis Bruen requires into irrelevance.
To what extent should the founding era of the U.S. determine who can possess a gun in contemporary times? Join the conversation below.
The Second Amendment right is addressed to ‘the people,’ it says, a term ‘originally understood to include every citizen who held civil and political rights, e.g., the rights to vote, hold public office, testify in court, and own property.’
It is true that at various times, enslaved and free Black people, Native Americans and—during the French and Indian War in the 1750s and ’60s, Catholics—have been prohibited from possessing weapons, the brief observes. But in such instances, the firearm prohibition was part of a broader scheme to exclude them from full membership in society, it argues.
‘People outside the political community were sometimes treated as though they had no rights, including the right to possess firearms,’ the brief says. But ‘no member of the body politic was punished for keeping arms.’
Even if he wins the case, it may be some time until Rahimi gets his hands on a gun. He currently is being held at the Tarrant County Jail on several charges, including aggravated assault with a deadly weapon.” [Wall Street Journal]
Biden’s new plan for student loan relief, explained
Anna Rose Layden/Getty Images
“In 2022, President Joe Biden announced an enormous loan forgiveness initiative, only to have the Supreme Court declare it unconstitutional. Beginning in 2020, Biden stretched a moratorium on loan payments for months and then years, until congressional Republicans forced the collection system back into operation. Now, his administration has a new debt relief plan.
Here’s how Biden’s battle for student loan forgiveness has played out thus far:
Biden’s first loan forgiveness initiative would have forgiven $10,000 from nearly every federal student loan, and up to $20,000 for low-income borrowers. The Court ruled that the plan unconstitutional.
Monday, the Department of Education announced new plans to forgive billions of dollars in loans. Biden’s Plan B targets specific groups of borrowers who are especially in need, and fall into at least one of the following four categories:
People who owe more money than they originally borrowed, due to accumulating interest.
People who have owed payments on their loans for more than 25 years.
People who qualify for forgiveness under existing federal programs but have never applied for relief.
People who took out loans to enroll in job-oriented programs that left them with heavy loan burdens and few prospects to start a well-paying career.
It will take some time to implement the new loan plan. The Department of Education is still in the middle of a lengthy, technically complicated rulemaking process that won’t conclude until well into 2024, and forgiveness won’t occur until 2025.
There’s a significant likelihood, however, that everything won’t go according to plan. While the new Biden forgiveness plan is based on a different federal law than his first initiative, the Supreme Court could still ax it.” [Vox]
Shuttle Diplomacy
From right, U.S. Secretary of State Antony Blinken, Jordanian Foreign Minister Ayman Safadi, and Egyptian Foreign Minister Sameh Shoukry hold a press conference on the Israel-Hamas war in Amman, Jordan, on Nov. 4.Jonathan Ernst/Pool/AFP via Getty Images
“U.S. Secretary of State Antony Blinken met with his Turkish counterpart, Hakan Fidan, in Ankara on Monday to discuss expanding humanitarian aid into Gaza and preventing the war there from spreading beyond Israeli-Palestinian borders.
His visit followed talks in Jordan on Saturday with regional diplomats from Egypt, Jordan, Qatar, Saudi Arabia, and the United Arab Emirates as well as with Lebanese Prime Minister Najib Mikati before conducting surprise trips to the West Bank and Iraq on Sunday, where he met with Palestinian President Mahmoud Abbas and Iraqi Prime Minister Mohammed Shia al-Sudani, respectively.
Since the Israel-Hamas conflict began, many of Israel’s neighbors have played proxy roles that the Biden administration hopes to capitalize on. Egypt, which borders the Gaza Strip, continues to deliver humanitarian aid into Gaza as it transports foreign nationals out of the war-torn area. Qatar has emphasized its ties with Hamas to cement its role as a lead mediator in the ongoing effort to secure the release of the more than 200 hostages that Hamas is still holding captive. And Lebanon remains the home base for Hezbollah, a Hamas-allied militant group that regularly engages in clashes with Israeli troops along their shared border.
Blinken centered this weekend’s negotiations on protecting Palestinian civilians, boosting aid flows, and increasing the number of foreign citizens allowed to leave Gaza. He also advocated for localized humanitarian pauses in fighting but stopped short of calling for a cease-fire. ‘It is our view now that a cease-fire would simply leave Hamas in place, able to regroup and repeat what it did,’ Blinken said.
But Middle East leaders continued to advocate for an immediate cease-fire, with Egyptian Foreign Minister Sameh Shoukry arguing that Israel’s ‘right to self-defense’ does not condone the ‘collective punishment’ of all Palestinians.
Relations among Israel, the United States, and other Middle East nations are growing more strained as the Israel Defense Forces continue their land, sea, and air offensive in Gaza. Turkish President Recep Tayyip Erdogan did not meet with Blinken on Monday—signaling Ankara’s continued criticism of the United States’ ‘unlimited support for Israel.’ Sunday’s talks between Abbas and Blinken lasted less than an hour due to a failure to find common ground on cease-fire calls. Jordan recalled its ambassador to Israel last week and told Israel’s envoy not to return until the war is over. On Saturday, Turkey announced that it had also recalled its ambassador to Israel.
Monday concluded Blinken’s second trip to the Middle East since Hamas’s Oct. 7 missile attack. On Tuesday, Blinken heads to Tokyo for a two-day meeting of G-7 foreign ministers before starting on an Indo-Pacific pivot that will include visits to South Korea and India. But the Israel-Hamas war is expected to remain at the forefront of his diplomatic agenda.” [Foreign Policy]
“Deadly tremors. After a devastating 5.7-magnitude earthquake struck Nepal late Friday, another series of smaller quakes rocked the country on Monday. At least 157 people have been killed and hundreds more injured thus far, making it the deadliest earthquake to hit Nepal since 2015, when around 9,000 people were killed in back-to-back quakes.
Nepalese authorities warned of worsening humanitarian conditions for survivors on Monday as landslides block major roadways and local hospitals are inundated with wounded civilians. The nation’s cabinet announced the immediate transportation of emergency aid on Sunday, with Communications Minister Rekha Sharma saying that the construction of temporary shelters is the administration’s primary concern after search and rescue operations concluded on Monday.” [Foreign Policy]
“Panda-Tasmanian devil diplomacy. Chinese President Xi Jinping signaled growing cooperation with Australia on Monday during his meeting with Australian Prime Minister Anthony Albanese in Beijing. It marks the first visit by an Australian leader to China in seven years, following a period of heightened tensions between the two countries. Amid jokes about which country has the cutest native critters, Xi and Albanese emphasized the importance of boosting trade ties between the two Indo-Pacific powers. Albanese’s trip will conclude on Tuesday.
The Australian prime minister has prioritized improving ties with Beijing since taking office in May 2022. His efforts pushed China to lift some trade restrictions on Australian products during the G-20 summit in Bali, Indonesia, last November and helped release detained Australian journalist Cheng Lei last month. But as Canberra continues to solidify ties with the United States and United Kingdom, growing anti-Western sentiment in China remains a key obstacle for closer China-Australia relations.” [Foreign Policy]
“Hunger strike. Iranian Nobel laureate Narges Mohammadi began a hunger strike on Monday to protest prisoners’ lack of medical attention. Mohammadi, who is currently serving a yearslong sentence in Iran’s Evin prison for her women’s rights advocacy work, has been denied critical hospital care twice because she refuses to wear a headscarf. Mohammadi won the 2023 Nobel Peace Prize for her fight against women’s oppression by Iran’s so-called morality police.
Mohammadi’s latest move against gender discrimination comes as Iran’s morality police force cracks down on its mandatory hijab law. In September, Iran’s parliament passed a new bill that imposes bigger fines and prison sentences on people who violate the headscarf law. But growing public dissent is revealing Tehran’s ‘struggle to balance its ideological principles with its pragmatic interests,’ namely to identify as an Islamic state while also adapting to a modernizing society, Sina Toossi argued in Foreign Policy.” [Foreign Policy]
“The United Kingdom’s loneliest sheep is finally among friends after local farmers rescued the stranded animal from steep cliffs in the Scottish Highlands this weekend. Fiona had spent the past two years stuck at the foot of Scotland’s Cromarty Firth before a local kayak paddler noticed that the sheep had not moved from the isolated spot. Clad in thick fleece and surrounded by rescuers, Fiona will now spend her days at a local farm park.” [Foreign Policy]
Inspired by online dating, AI tool for adoption matchmaking falls short for vulnerable foster kids
“Inspired by the online dating site eharmony, an artificial intelligence-powered tool is being used for adoption matchmaking. But an Associated Press investigation found that it has produced limited results in the states where it has been used.” Read More at AP News
Inside the battle over $500 ‘super shoes’
Illustration: Annelise Capossela/Axios
“Shoes that cost the same as an iPhone — with just about as much technology — are helping runners shatter records and triggering a feverish race among shoe companies, Axios' Nathan Bomey writes.
Why it matters: If and when someone breaks the two-hour mark in a marathon for the first time, it'll almost surely be while wearing super shoes.
Catch up quick: Both the men's and women's world records were set by runners wearing state-of-the-art shoes from Nike and Adidas.
Ethiopian runner Tamirat Tola broke the men's course record at the New York City Marathon yesterday wearing Adidas super shoes that retail for $500.
Zoom in: These super kicks are super light, cushy and springy — the antithesis of clodhoppers, you might say.
But they're controversial among elite runners, some of whom think they provide an unfair advantage — not unlike how now-banned high-tech swimsuits once gave an edge to competitive swimmers.” [Axios]
Tyson recalls 30,000 pounds of chicken nuggets after consumers report finding metal pieces
“Tyson Foods is recalling nearly 30,000 pounds of breaded chicken "Fun Nuggets" after consumers complained of finding metal pieces in the dinosaur-shaped patties. The nuggets, sold in 29-ounce bags, were produced on Sept. 5.” Read More at AP News
The Great Resignation has morphed into the Great Staying Put.
“In the white-collar labor market, not enough people are leaving their jobs voluntarily. The lack of turnover has companies running over budget and bosses considering postponing projects or laying people off. Yup, these were the same folks who recently grumbled about job-hopping and skyrocketing salaries. Attrition serves a purpose; this corporate housecleaning creates promotion opportunities for star employees and makes room for new hires with fresh perspectives or in-demand skills.” [Wall Street Journal]
Oldest black hole discovered dating back to 470 million years after the Big Bang
“The findings confirm what until now were theories that supermassive black holes existed at the dawn of the universe. Even more astounding to scientists, this black hole is a whopper — 10 times bigger than the black hole in our own Milky Way.” Read More at AP News