The Full Belmonte, 12/21/2023
Trump asks SCOTUS to reject DOJ's call for swift intervention in election fraud case
“Former President Donald Trump asked the Supreme Court to steer clear of an unprecedented appeal that could resolve whether he is entitled to immunity from criminal charges over his role in attempting to overturn the 2020 election. The extraordinary appeal was filed this month by special counsel Jack Smith, who in August secured a four-count indictment against Trump for conspiring to steal the 2020 election. Before a lower court could consider those charges, Trump claimed he was immune from prosecution. If the Supreme Court agrees to take the case now, the decision would have enormous consequences for Trump's extensive legal woes. Read more
•How do people in Colorado feel about Trump being booted from ballot? Few seem joyful.” [USA Today]
Colorado Supreme Court Justice Richard L. Gabriel listens during a hearing in the court on Wednesday, Dec. 6, 2023, in Denver. The oral arguments before the court were held after both sides appealed a ruling by a Denver district judge on whether to allow former President Donald Trump to be included on the state's general election ballot.
David Zalubowski, AP
The Constitution’s insurrection clause threatens Trump’s campaign. Here is how that is playing out
“Former President Donald Trump’s bid to win back the White House is now threatened by two sentences added to the U.S. Constitution 155 years ago. Section 3 of the 14th Amendment, explained.” Read More at AP News
Biden says Trump is an insurrectionist and courts should decide his fate
“President Joe Biden said it is ‘self-evident’ that Donald Trump ‘supported an insurrection’ after the Colorado Supreme Court disqualified the former president from the state’s 2024 primary ballot citing his actions surrounding the January 6th attack.
Asked whether he believed Trump was an insurrectionist, Biden told reporters during his trip today to Milwaukee, ‘It’s self-evident. You saw it all.’
‘Now whether the 14th Amendment applies, I’ll let the court make that decision,’ Biden added. ‘But he certainly supported an insurrection. No question about it. None. Zero.’
In an unprecedented 4-3 decision, the Colorado Supreme Court ruled that Trump is disqualified from holding office under Section 3 of the 14th Amendment, known as the Constitution’s insurrection clause. Read the full ruling here.
Trump has denied any wrongdoing regarding January 6th. ‘What a shame for our country!!!’ he wrote after the ruling on his social media site. ‘A sad day for America!!!’
The court put its decision on hold until Jan. 4. The Trump campaign immediately said it would appeal to the Supreme Court.” [NBC News]
SCOTUS v. Trump
Illustration: Sarah Grillo/Axios
“The Supreme Court is stuck with Donald Trump, whether the justices like it or not, Axios SCOTUS expert Sam Baker writes.
Why it matters: The court may have no real way to avoid a starring role in the 2024 campaign — or to shield itself from the constant firestorm that swirls around Trump.
Almost no one in politics has managed to escape that maelstrom undamaged.
That's bad news for the high court at a time when its seams are more visible than they've been in decades. The court was already under fire from the left, divided internally on the right and losing its luster with the public.
‘There's no winning,’ Notre Dame law professor Derek Muller told Axios. ‘There's a sense in which the cases are bigger than Trump ... In the past, any one of these cases probably would have been fatal to a candidate.’
What's happening: Legal experts from all over the ideological spectrum expect that the court will soon agree to hear the dispute over whether Trump can be on the ballot when Colorado holds its GOP primary.
The justices have already agreed to hear a separate case challenging some of the charges against Jan. 6 rioters, which has indirect implications for Trump's Jan. 6 prosecution.
And special counsel Jack Smith has asked them to rule quickly on Trump's claims that he's immune from prosecution because he was president.
Between the lines: Experts say the court will have a hard time finding escape hatches that would let it resolve these cases while ducking the biggest questions.
In Smith's case, agreeing to move quickly means the court's work will be under the microscope in the heat of campaign season. Trump is sure to latch onto even the most incremental decisions against him.
But moving slowly would be a de facto win for Trump: His goal is to delay this prosecution until after the election, hope he wins, and then get the Justice Department to simply drop the case.
Democrats are already livid with the court's conservative majority over Roe v. Wade and recent ethics controversies.” [Axios]
Congressman told to hand over hundreds of texts and emails to FBI in 2020 election probe
“A federal judge is ordering Republican Rep. Scott Perry of Pennsylvania to turn over more than 1,600 texts and emails to FBI agents investigating efforts to keep President Donald Trump in office after his 2020 election loss.” Read More at AP News
The U.S. is facing an “unprecedented” surge at its southern border.
“What to know: Illegal crossings have reached record numbers this month. Customs and Border Protection is logging over 10,000 encounters with migrants there each day.
Why it matters: CBP officials say this surge is twice the size of what its budget can support. And negotiations for more funding have stalled in Congress.
Yesterday: President Biden criticized Donald Trump’s remark that undocumented immigrants are “poisoning” the nation. Trump has denied that his language echoes Adolf Hitler.”
Read this story at Washington Post
Feds raided Rudy Giuliani’s home and office in 2021 over Ukraine suspicions, unsealed papers show
“Federal agents raided Rudy Giuliani’s home and office in 2021 because they suspected the former New York City mayor had sought the removal of the U.S. ambassador to Ukraine partly because of the prospect of a financial reward from a Ukrainian official, according to documents made public.” Read More at AP News
A judge said Rudy Giuliani must pay a $148 million penalty immediately.
“Why? He owes it to two Georgia women he falsely accused of trying to help steal the 2020 election. The former New York mayor has repeatedly said he does not have the money.
What else to know: A federal judge accused Giuliani of ongoing dishonesty in a scathing ruling yesterday, writing that there is a strong danger he would hide his assets.”
Read this story at Washington Post
Judge orders release of over 150 names mentioned in Epstein lawsuit documents
“A federal judge has ordered the public disclosure of the identities of more than 150 people mentioned in court documents related to Jeffrey Epstein. The people, including sex abuse victims and Epstein's employees, have until Jan. 1 to appeal the order, signed Monday by Judge Loretta A. Preska. For several years, Preska has reviewed documents sought by the Miami Herald from a civil case, filed by one of Epstein's victims, that eventually was settled. Epstein killed himself in his prison cell in 2019 a month after he pleaded not guilty to sex-trafficking and abusing dozens of minors.” Read more at USA Todays
Ugly attack line on Nikki Haley
Illustration: Aïda Amer/Axios
“Some conservative activists have begun calling former UN Ambassador Nikki Haley — whose parents were Indian immigrants — ‘Nimarata,’ her first name, rather than Nikki, the middle name she has used most of her life.
It's reminiscent of the way Trump made a point of using then-President Obama's middle name, ‘Hussein,’ Axios' Sophia Cai reports.
At the Turning Point Action booth at Turning Point USA's "AmericaFest" for MAGA youths in Phoenix last weekend, a tally board for a V.P. straw poll showed the choices as:
KARI [Lake] ... TUCKER ... [Kristi] NOEM ... DESANTIS ... or NIMARATA NIKKI RANDHAWA HALEY. (Photo)
The big picture: Even as the GOP recruits more minority candidates — this year's initial field for the presidential race was historically diverse — more Republicans are latching onto Trump's racially divisive rhetoric.
Vivek Ramaswamy, the son of Indian immigrants, has won fans among white nationalists for promoting the Great Replacement Theory.
Ramaswamy has called Haley ‘lying Nimarata Randhawa,’ referencing her family name before marriage.” [Axios]
Misery Index: Worst is over
Data: FRED. Chart: Axios Visuals
“The ‘misery index’ — the sum of the unemployment rate and the inflation rate — is at its lowest point since the pandemic hit in March 2020, Axios' Felix Salmon writes.
The index is ending 2023 at 6.8% — well below the 8.3% average for the century to date.
Why it matters: The double whammy wrought by COVID — first a huge spike in unemployment, then a big rise in inflation — now seems to be over.
Both indicators are reverting to low levels indicative of a healthy economy.” [Axios]
Harvard president corrects dissertation
Harvard Yard during finals week. Photo: Andrew Lichtenstein/Corbis via Getty Images
“Harvard President Claudine Gay ‘will update her dissertation correcting ... instances of inadequate citation,’ the university announced last night.
Harvard said a review discovered ‘examples of duplicative language without appropriate attribution’ in Gay's 1997 Ph.D. dissertation, The Boston Globe reports.
In reaffirming support for Gay on Dec. 12 despite criticism of her House testimony about antisemitism, Harvard said she was ‘proactively requesting four corrections in two [journal] articles to insert citations and quotation marks that were omitted from the original publications.’
Why it matters: The updates to her dissertation mean scrutiny of Gay will continue.
Between the lines: Gay, ‘is accused of lifting words, phrases and sentences from other sources without proper attribution. Most ... are written in technical and academic jargon, not meant to convey sweeping or original ideas,’ the N.Y. Times explains.
‘But her papers sometimes lift passages verbatim from other scholars and at other times make minor adjustments, like changing the word 'adage' to 'popular saying' or 'Black male children' to 'young black athletes.'
Also yesterday, the House education committee expanded its investigation of Harvard to include plagiarism allegations against Gay.
‘An allegation of plagiarism by a top school official at any university would be reason for concern, but Harvard is not just any university,’ the committee's chair, Rep. Virginia Foxx (R-N.C.), wrote.
‘Our concern is that standards are not being applied consistently, resulting in different rules for different members of the academic community.’” [Axios]
Where wages will rise
Data: Paycor. Map: Tory Lysik/Axios Visuals
“The minimum wage is set to increase in 22 states on Jan. 1, Axios Markets co-author Emily Peck writes.
Why it matters: For Americans making minimum wage, it's an automatic raise — but it also ripples out. Typically, increasing the wage floor for the lowest earners pushes up pay for those who make a bit more than the minimum, as employers have to adjust pay scales upwards.
Zoom in: In 13 states (including California, Ohio and South Dakota), wages are going up because they're indexed to inflation.
Three more states and D.C. are set to raise the wage later in the year.
The last time the federal minimum wage ($7.25) was increased was in 2009.” [Axios]
“There was a time when pundits waited for the Donald Trump pivot, expecting he’d moderate as the primary narrowed, or in the election itself, or as president.
Not anymore. Recent weeks have shown that Trump’s recipe for his third presidential bid is to add more Trump, repeatedly.
He’s vilified undocumented migrants as ‘poisoning the blood’ of the nation, he speaks fondly of autocrats, even quoting Vladimir Putin to criticize President Joe Biden, and he continues to campaign despite an array of legal challenges that could close in during an election year.
This week’s biggest development was a Colorado ruling that barred Trump from the ballot there over his role in fomenting a mob that stormed the Capitol building in 2021. As is so often the case, he is using it to his advantage: Republicans across the country are outraged at what they think is judicial interference; the Supreme Court that Trump shaped may toss the ruling out anyhow.
The point remains: among Republicans, Donald Trump is on the march. His top rivals have not yet coalesced around a single alternative, leaving him as the clear frontrunner.
If Biden’s campaign seems sanguine about his chances of reelection at age 81, it’s because they’re relentlessly amplifying Trump’s comments to sound the alarm in the expectation voters will pay heed.
As of now, the two are headed for a rematch, even if many wish they weren’t.
The race is poised to be close. A Bloomberg News/Morning Consult poll across seven swing states showed Trump leading Biden by 5 percentage points. Other surveys have shown Biden with an edge.
Biden won in 2020 with a coalition of voters that included people whose sole motivation was keeping Trump out. Biden’s team is banking on that dynamic once again.” — Josh Wingrove [Bloomberg]
Trump during a campaign rally in Coralville, Iowa, on Dec. 13. Photographer: Christian Monterrosa/Bloomberg
‘Fat Leonard,’ a fugitive now returning to the US, was behind one of the military’s biggest scandals
“Convicted defense contractor Leonard “Fat Leonard” Francis is returning to U.S. custody as part of the Venezuelan prisoner swap. It's the latest twist in a decade-long salacious saga and bribery scheme that swept up dozens of American Navy officers.” Read More at AP News
“US Senator Bob Menendez asked a judge to delay his trial by two months so his lawyers can challenge the charge that he conspired to act as an agent of Egypt while serving as chairman of the Senate Foreign Relations Committee. Menendez and his wife, who have pleaded not guilty, are accused of accepting bribes of 13 gold bars, half a million dollars and a new Mercedes-Benz.” [Bloomberg]
Travelers line up to enter a security checkpoint at Logan International Airport in Boston.
Holiday travel
“Some of the largest airlines in the US have entered their peak travel windows as millions of passengers take to the skies for the holidays. American Airlines, the country's largest carrier, expects Friday, December 22, to be its busiest of the holiday travel period that began Wednesday. In all, the airline plans to serve 12.7 million passengers. Delta is expecting to serve around 9 million people in total, including 600,000 customers each day on December 21 and 22 as well as from December 26 to 30. The FAA also said holiday air traffic overall will peak today with the agency's air traffic controllers handling nearly 49,000 flights. This comes as both the East and West coasts are facing poor weather conditions that could trigger travel delays and road closures ahead of the busy holiday weekend.” [CNN]
Taxman's rare holiday gift
Illustration: Eniola Odetunde/Axios
“Days before Christmas, the IRS said it is waiving $1 billion in late-payment tax penalties from 2020 and 2021, Axios' Kelly Tyko writes.
Why it matters: The rare relief will apply to roughly 4.7 million individuals, businesses and organizations who owe back taxes.
The agency said it's waiving the penalties because it stopped mailing automated reminders during the pandemic.
The waived penalties average about $200 for each affected taxpayer.
About 70% of individual taxpayers who qualify have income below $100,000.” [Axios]
A new coronavirus variant is spreading fast.
“What to know: The JN.1 subvariant, a descendant of the omicron variant, could cause an increase in cases this winter, the World Health Organization said this week.
Why it’s concerning: The variant has a mutation that could help it avoid antibodies. But it shouldn’t lead to more-severe disease, as the WHO called its risk evaluation ‘low.’
Read this story at Washington Post
California will allow sewage waste to be recycled into drinking water.
“The idea: To allow water companies to pump treated wastewater into residents’ taps. Officials in California gave the go-ahead for it this week.
Is it safe? Officials say yes. The wastewater will be treated three times and tested for germs, under the rules.
What’s the point? To help with urgent water scarcity issues in the drought-prone state.”
Read this story at Washington Post
Boston mayor apologizes to Black men wrongly accused in 1989 murder that shone spotlight on racism
“Boston Mayor Michelle Wu issued a formal apology Wednesday to two Black men who were wrongly accused in a 1989 murder of a white woman, a case that coarsened divisions in a city long split along racial lines and renewed suspicion and anger directed at the police department by the city’s Black community.” Read More at AP News
“A 71-year-old man from Oklahoma was declared innocent after serving 48 years for a murder he didn’t commit — the longest known wrongful prison sentence in U.S. history.”
Migrants who entered the U.S. from Mexico line up for processing in Eagle Pass, Texas. (AP Photo/Eric Gay, File)
IMMIGRATION
Texas starts flying migrants to Chicago. The first plane carried over 120 people
“Texas sent a plane with more than 120 migrants from the U.S.-Mexico border to Chicago in an escalation of Republican Gov. Greg Abbott’s busing operation that has given more than 80,000 migrants free rides to Democratic-led cities across the country since last year. Read more.
Why this matters:
The flight took off a day after Abbott signed a new law this week that would allow police in Texas to arrest migrants who illegally cross the border, ratcheting up a series of aggressive measures the state has taken in protest of President Joe Biden’s immigration policies.
Abbott’s border mission known as Operation Lone Star, according to the governor’s office, is a multibillion-dollar operation that includes stringing razor wire along the frontier, installing buoy barriers in the Rio Grande and the deployment of more officers.
The White House has criticized the flight and accused Abbott of using migrants for politics.” [AP News]
Missteps over years allowed a Detroit serial killer to roam free
“DeAngelo Martin killed four women and raped two others over a 16-month span before he was captured. Over 15 years, Detroit police failed to follow up on leads or take investigative steps that may have averted the eventual killing spree, despite having received repeated warnings that Martin was a violent predator, an Associated Press investigation has found. Read more.
Key findings:
DNA linked Martin to past assaults. Martin was first linked to sexual violence in 2012, in a rape case first reported in 2004. But now, a year after Martin was sent to prison for committing four murders and two rapes, it’s clear that police were hardly “diligent” or “relentless,” as the police chief at the time claimed.
Martin escalated to murder. Martin’s first known murder victim was found in 2018, though police initially arrested the wrong man. DNA testing linked the crime to Martin and police officials said they sought to find him but did not seek a warrant to obtain his DNA to confirm the hit.
Police concede “mistakes” were made. Detroit police acknowledged they could have better investigated Martin. An internal affairs report, obtained by the AP, said that no errors rose ‘to the level of criminality’ but several officers had ‘neglected their duties.’ An internal affairs supervisor summed it up as a ‘total systemic breakdown.’” [AP News]
Drilling under Pennsylvania’s ‘Gasland’ town has been banned since 2010. It’s coming back.
“A year after pleading no contest to criminal charges, one of Pennsylvania’s leading natural gas companies is poised to drill and frack in the rural community where it was banned for a dozen years for polluting the water supply.” Read More at AP News
The U.N. is trying to pass a key resolution to stop the fighting in the Gaza Strip.
“Today: The Security Council will meet again to try to overcome U.S. objections to a resolution pressuring Israel to curtail violence and allow humanitarian aid into Gaza.
Why? The U.S., Israel’s primary ally, has repeatedly vetoedSecurity Council resolutions related to the war and says a cease-fire would hand a victory to Hamas.”
Read this story at Washington Post
Israel says it uncovered Hamas command center as Gaza death toll tops 20,000
“The Israeli military on Wednesday said it had uncovered a major Hamas command center in Gaza City, inflicting what it described as a serious blow to the Islamic militant group. It came as Hamas’ top leader arrived in Egypt for talks aimed at brokering a temporary cease-fire and a new deal for Hamas to swap Israeli hostages for Palestinians imprisoned by Israel. Israel has vowed to press ahead with its offensive after an Oct. 7 attack by Hamas in Israel killed 1,200 people and saw 240 taken hostage. The offensive has killed more than 20,000 Palestinians and driven 1.9 million from their homes.” Read more at USA Today
A Palestinian youth looks on from a U.N. school where displaced people take shelter after an Israeli strike hit a house nearby, in Rafah in the southern Gaza Strip on Dec. 21, 2023, amid continuing battles between Israel and the militant group Hamas.
Mohammed Abed, AFP via Getty Images
Top US general speaks to Chinese counterpart, ending freeze on military talks
“Gen. C.Q. Brown, chair of the Joint Chiefs of Staff, spoke to his Chinese counterpart Gen. Liu Zhenli on Thursday morning, ending a nearly year-and-a-half impasse between the two militaries, the Pentagon announced.
Brown is the first senior U.S. military official to speak with his Chinese counterpart since the two countries’ leaders agreed in November to resume military communications after China froze all talks in retaliation for then-House Speaker Nancy Pelosi’s visit to Taiwan in August 2022.”
Read the latest at POLITICO
A Palestinian baby girl, born 17 days ago during Gaza war, is killed with brother in Israeli strike
“She was born amid war, in a hospital with no electricity in a southern Gaza city that has been bombarded daily. Her family named her al-Amira Aisha — “Princess Aisha.” She didn’t complete her third week before she died, killed in an Israeli airstrike that crushed her family home Tuesday.” Read More at AP News
Back to the Drawing Board
Smoke rises over Khan Yunis in southern Gaza during an Israeli bombardment on Dec. 20.Said Khatib/AFP
“Top Hamas leader Ismail Haniyeh traveled to Cairo on Wednesday to discuss the group’s ongoing war against Israel, including the possibility of establishing another cease-fire and renewing hostage negotiations. Egypt and Qatar continue to serve as prime intermediaries between Israel and Hamas.
Senior Israeli officials meeting recently with CIA Director William Burns and Qatari mediators in Warsaw suggested that Israel would consider a weeklong truce if Hamas released 40 hostages. Around 160 Israelis remain in captivity after more than 100 others were freed in late November during a weeklong cease-fire.
However, Basem Naim, a senior Hamas official, said both sides must agree to a complete cessation of hostilities before any more hostages are freed. Hamas also insists that Israel release a large number of Palestinian prisoners, including high-level militants—demands that Israel continues to reject. During the last prisoner swap, Israel freed around 240 Palestinians, mostly women and children.
Israeli Prime Minister Benjamin Netanyahu remains adamant that Israel’s war in Gaza will not end until Hamas is eliminated and Israeli hostages are freed. ‘All Hamas terrorists, from the first to the last, face death,’ Netanyahu said Wednesday. ‘They have only two options: surrender or die.’
International pressure to secure a cease-fire continues to grow. On Wednesday, the United Nations Security Council convened for a third day to debate a draft resolution that would establish a truce in Gaza to allow humanitarian aid into the region. The United States, however, has threatened to use its veto power, pushing back against language that calls for a ‘cessation’ in fighting. U.S. officials hinted that Washington may be open to a ‘suspension’ of hostilities.
‘President Biden, please, please intervene to stop this senseless carnage of innocent civilians in Gaza,’ Francesca Albanese, the U.N. special rapporteur for the occupied Palestinian territories, wrote on X, formerly Twitter. He accused Israel of conducting an ‘extermination campaign’ against Palestinians that violates international law. Nearly 20,000 Palestinians have been killed thus far, according to the Hamas-run Gaza Health Ministry.
Meanwhile, both Israel and Hamas continue to launch attacks. Just 24 hours before Haniyeh traveled to Egypt, Hamas fired numerous rockets toward central Israel. That same day, Israel sent thousands of troops into Khan Younis, a southern Gaza city that Israel alleges is a Hamas stronghold. Israeli forces also took ‘operational control’ of Jabaliya outside Gaza City on Tuesday, detaining around 500 people suspected of terrorist activity. Israel accused Hamas fighters of barricading themselves in schools, hospitals, and other civilian buildings.” [Foreign Policy]
“Hourslong delays. The Democratic Republic of the Congo’s long-awaited presidential election got off to a rocky start on Wednesday. Polling stations opened hours after initially planned, long lines exacerbated security threats, and fighting among armed rebel groups prevented around 1.5 million people from voting. Election authorities announced Wednesday that voting would extend into Thursday for areas hit particularly hard by logistical challenges.
Incumbent President Félix Tshisekedi faces 18 other candidates, including millionaire Moïse Katumbi, who served as governor of Katanga province for eight years. However, the opposition’s fractured coalition suggests that Tshisekedi will secure a second, and final, term. The election has also been marred by accusations of poor transparency, especially after Congolese officials denied the East African Community’s election observers access to the polls. The European Union canceled its own mission after Kinshasa rejected its request to use satellite equipment to monitor the results.” [Foreign Policy]
“Migrant and asylum pact. In a bid to better share migrant responsibility, the European Union passed an agreement on Wednesday that outlines how members can divide cost and hosting obligations. Countries not along a continental border must choose to either accept 30,000 asylum applications a year or pay at least 20,000 euros (about $21,870) per person into an EU fund. Screening processes will be sped up, and immigrants will be distinguished by their need for international protections.
Greece, Italy, and other countries most impacted by migration flows praised the deal, which they argued will force hesitant Eastern European nations to help bear the burden. Although Europe is nowhere near its 2015 migrant crisis, increased crossings via the Mediterranean have brought immigration concerns to the forefront of many residents’ minds. Wednesday’s deal was three years in the making.” [Foreign Policy]
“Free at last. U.S. and Venezuelan officials announced a prisoner swap on Wednesday. Washington released Alex Saab, a close ally of Venezuelan President Nicolás Maduro, in exchange for more than 30 people, including 10 Americans, according to a senior U.S. administration official. Saab, a Colombian-born businessman and Venezuelan special envoy, was charged in Florida in 2019 with money laundering and was arrested in 2020 while en route to Iran. He pleaded not guilty, and his lawyers have since been trying to get his case dismissed by claiming diplomatic immunity.
The swap signals another step toward improved U.S.-Venezuelan relations. On Oct. 17, Maduro agreed to hold fairer elections in 2024, when the country is set to vote for a new president. A day later, Washington celebrated the move by suspending some sanctions targeting the Maduro administration and Venezuela’s state-run oil company. The White House had previously said it would ‘pause’ sanctions relief if prisoner talks did not progress.” [Foreign Policy]
Yemen’s Houthi rebels vowed to continue targeting ships in the Red Sea despite a US move to assemble an international naval task force to protect maritime trade in one of the world’s most important waterways. The Iran-backed group also warned Washington it’s willing to retaliate if the US attacks Houthi bases.
Houthi fighters approach a vessel in the Red Sea on Nov. 20. Photographer: Getty Images
“President Javier Milei announced a slew of reforms to reduce the hand of the state in Argentina’s economy, from privatizing companies and ending price controls to steps to normalize the real-estate market. The measures, which will affect state-run airline Aerolineas Argentinas and the national oil company, are still likely to face pushback in congress, where Milei’s party is in a minority.” [Bloomberg]
“French President Emmanuel Macron defended his government’s decision to push through a tougher version of an immigration bill, arguing that it’s the only way to counter the rise of Marine Le Pen’s far-right movement. Lawmakers passed the stricter version of the bill on Tuesday, making France the latest European Union country to shift to the right on migration.” Yemen’s Houthi rebels vowed to continue targeting ships in the Red Sea despite a US move to assemble an international naval task force to protect maritime trade in one of the world’s most important waterways. The Iran-backed group also warned Washington it’s willing to retaliate if the US attacks Houthi bases.” [Bloomberg]
“Elections in the Democratic Republic of Congo extended into a second day as opposition anger grew over delays and disorganization, with five presidential candidates calling for a new vote.” [Bloomberg]
An electoral official checks a voting machine that stopped working at a polling station in Kinshasa yesterday. Photographer: John Wessels/AFP/Getty Images
“Vietnam’s Communist Party called for disciplinary action against government officials, including a former deputy prime minister, after finding lapses in governance as part of a crackdown that has ensnared both political leaders and captains of industry.” [Bloomberg]
“As the conflict in Ukraine grinds on, domestic companies have pivoted to new markets and products, demonstrating the country’s resilience. Enterprises have adapted to a reality that politicians have been more reluctant to accept: the conflict isn’t going to end any time soon and Kyiv needs a Plan B.” [Bloomberg]
“Customs officials at Peru’s Jorge Chávez International Airport seized 4,001 live turtles en route to Indonesia recently after noticing discrepancies in the shipment’s documentation. Freshwater turtle eggs and meat are considered a delicacy in some parts of the world. The tiny reptiles are now being cared for at a breeding facility in Lima until officials determine their forever home.” [Foreign Policy]
December 21, 2023
By David Leonhardt and Ian Prasad Philbrick
Good morning. We’re covering the Colorado lawsuit involving Donald Trump and the 2024 ballot —
The Colorado Supreme Court. Stephen Speranza for The New York Times
The core issues
“At its core, the Colorado lawsuit trying to keep Donald Trump off the 2024 ballot involves a clash between Constitutional textualism and voter empowerment.
If you simply read the 14th Amendment, you will understand the argument that Trump should be disqualified from serving as president again. Section 3 of the amendment states that nobody who has taken an oath to support the Constitution should ‘hold any office’ in the United States if that person has ‘engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.’ On Jan. 6, 2021, of course, Trump encouraged a mob that later attacked Congress, and he praised the attackers that day and afterward.
There are important legal technicalities, including a debate over whether the authors of the amendment intended for the word ‘officer’ to describe appointed officials rather than elected ones. But many legal scholars, including some conservatives, have concluded that the amendment applies to Trump. ‘The ordinary sense of the text’ and ‘the evident design to be comprehensive’ indicate that it bars Trump from holding future office, William Baude and Michael Stokes Paulsen, who are members of the conservative Federalist Society, concluded in a recent law review article.
The clearer philosophical argument against the lawsuit is democratic rather than technical: If the American people do not believe Trump is fit to be president, they can vote against him next year. For that matter, the Senate, an elected body of representatives, had the power to convict Trump during the impeachment trial over his Jan. 6 actions and bar him from future office, and it did not do so.
Now, though, the seven justices of the Colorado Supreme Court (in a 4-3 vote, no less) have decided that Trump cannot appear on the state’s primary ballot. Lawyers are asking other courts to make similar decisions (as this Lawfare page tracks). Ultimately, the nine justices of the U.S. Supreme Court are likely to decide the case.
Were they to bar a leading candidate from running for president, it could disenfranchise much of the country. It would in some ways be ‘a profoundly anti-democratic ruling,’ as our colleague Adam Liptak, who covers the Supreme Court, said on ‘The Daily.’ As Adam explained:
Donald Trump is accused of doing grave wrongs in trying to overturn the election. But who should decide the consequences of that? Should it be nine people in Washington, or should it be the electorate of the United States, which can, for itself, assess whether Trump’s conduct is so blameworthy that he should not have the opportunity to serve another term?
The lawyers making the case against Trump have a response to this. For one thing, the Constitution already restricts the voters’ judgment in other ways, as Ciara Torres-Spelliscy, a law professor at Stetson University, told us. Nobody under the age of 35 can become president, nor can Barack Obama or George W. Bush again, because both have served two terms. And a judge in New Mexico last year barred a county commissioner from holding office because of his role in the Jan. 6 attack.
For another thing, Trump may represent a threat to the national interest that no politician in decades has. He has encouraged violence, described his critics as traitors, lied constantly, used the office of the presidency to enrich himself, promised to target his political rivals for repressions and rejected basic foundations of American democracy. He is, according to this argument, precisely the kind of autocratic figure whom the founders wanted the Constitution to prevent from holding power even if voters felt otherwise in the moment.
These will be the terms of the debate in coming weeks.” [New York Times]
”Stanford researchers have discovered over 1,000 child sexual abuse images in an AI dataset used to train popular image-generation tools, Axios' Ryan Heath writes.” [Axios]
Space cat laser beam
Photo: NASA/JPL-Caltech via YouTube
“It's been a big month for Taters, an orange tabby cat whose likeness has been beamed across the solar system, Axios' Shauneen Miranda writes.
NASA — testing new ways of sending data long distances — sent a video of the cat chasing a laser back to Earth from its Psyche spacecraft nearly 19 million miles away.
That's nearly 80 times the distance between Earth and the Moon.” [Axios]
Nuclear fusion
“Scientists have successfully replicated nuclear fusion at least three times this year — a process which, if mastered, could provide the world with a near-limitless source of clean power. Nuclear fusion is a reaction that involves smashing two or more atoms together to form a denser one in a process that releases huge amounts of energy — and leaves no legacy of long-lived radioactive waste. Last December, a group of California scientists managed, in a world first, to produce a nuclear fusion reaction that released more energy than it used, in a process called ‘ignition.’ Now they say they have successfully replicated ignition at least three additional times in 2023. This marks another significant step in what could one day be an important solution to the global climate crisis, driven primarily by the burning of fossil fuels.” [CNN]
Transfer portal king Deion Sanders again reels in top recruiting class
“The transfer portal king has struck again. After pulling in the nation’s No. 1 class of college football transfer recruits for 2023, Colorado coach Deion Sanders signed 16 new transfer players this time for a transfer class that again ranks No. 1 for 2024, according to Rivals.com and 247Sports. The signings were confirmed Wednesday by Colorado on the first day of the early signing period for recruiting. It included four offensive linemen — part of a strategy by Sanders this time to fill glaring needs on a team that finished 4-8 in 2023. Read more
•College football early signing day winners and losers include Alabama, Nebraska.” [USA Today]
University of Colorado Head Football Coach Deion Sanders at the 2023 Sport Illustrated Sportsperson Of The Year Award on Dec. 6, 2023 in Boulder, Colorado.
Tom Cooper, Getty Images for Prime Video
“Lives Lived: The historian Cari Beauchamp documented the overlooked story of the actresses and female screenwriters in early Hollywood who helped create the film industry. She died at 74.” [New York Times]