The Full Belmonte, 1/9/2024
Trump’s immunity claim gets frosty reception at appeals court
“A federal appeals court panel strongly suggested Tuesday that it would reject Donald Trump’s claims of immunity from criminal charges related to his effort to subvert the 2020 election.
With Trump looking on, a three-judge panel expressed deep skepticism of his contention that a president could not be prosecuted — even for assassinating a rival or selling military secrets — if he were not first impeached and convicted by Congress.”
Read the latest at POLITICO
Former President Donald Trump and his legal team were brushed back during a hearing on his immunity claim. | Susan Walsh/AP
“DONALD TRUMP returned to the courtroom this morning for a closely watched showdown over whether he can claim immunity from the 2020 election subversion charges he faces — and he didn’t get the reception he was hoping for.
The federal appeals panel strongly indicated that it is likely to reject his bid for immunity, Kyle Cheney and Josh Gerstein report.
‘With Trump looking on, a three-judge panel expressed deep skepticism of his contention that a president could not be prosecuted — even for assassinating a rival or selling military secrets — if he were not first impeached and convicted by Congress.
In a nutshell: ‘I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law,’ said Judge KAREN HENDERSON, a GEORGE H.W. BUSH appointee.
The buzzy moment: During a back-and-forth between Judge FLORENCE PAN and Trump attorney D. JOHN SAUER, Pan dug into the nitty-gritty of the Trump team’s argument for immunity with a hypothetical that brought out a pretty shocking claim from Sauer.
Judge: ‘I asked you a ‘yes’ or ‘no’ question: Could a president who ordered S.E.A.L. Team 6 to assassinate a political rival, who was not impeached, would he be subject to criminal prosecution?’
Sauer: ‘If he were impeached and convicted first—’
Judge: ‘So your answer is no?’
Sauer: ‘My answer is: qualified yes. There is a political process that would have to occur under our Constitution, which would require impeachment and conviction by the Senate.’
After a bit more jockeying between the two, Pan sums up her point: ‘Given that you’re conceding that presidents can be criminally prosecuted under certain circumstances, doesn’t that narrow the issues before us? All of your other arguments seem to fall away.’ Listen to the whole exchange, via CNN
While the outcome will almost certainly result in a rejection for Trump, the judges appeared divided this morning over how broad to make their ruling. And, of course, whatever length the ruling goes to, it is likely to land on the Supreme Court’s desk with a final determination about whether Trump’s criminal trial in Washington, D.C. will take place this year.” [POLITICO]
Trump warns of ‘bedlam’
Former President Trump speaks to the media at a D.C. hotel after a court hearing today. Photo: Susan Walsh/AP
“Two stunning moments at former President Trump's D.C. appeals court hearing today put on full display how bumpy this year's election could be:
A lawyer for Trump — taking a legal argument to extreme lengths — said a president couldn't be prosecuted for ordering SEAL Team 6 to assassinate a political rival unless they were first impeached and convicted.
Trump told reporters after the hearing there ‘will be bedlam in the country’ if the case proceeds and hurts his chances in the election.
Zoom in: With Trump in attendance, his lawyers argued he was acting in his official duty as president when he challenged the 2020 election results — thus protecting him from criminal prosecution, Axios' Erin Doherty writes.
A three-judge panel appeared skeptical of Trump's argument.
James Pearce, an attorney on special counsel Jack Smith's team, said the Trump lawyer's assassination argument would lead to ‘an extraordinarily frightening future.’” [Axios]
Defense Secretary Austin treated for prostate cancer, Walter Reed officials say
“The Pentagon has finally revealed why Defense Secretary Lloyd Austin was secretly hospitalized more than a week ago.
Austin was admitted to Walter Reed Medical Center on Dec. 22 for a minimally invasive surgical procedure to treat prostate cancer, hospital officials said today in a statement.
On Jan. 1, Austin was admitted again to Walter Reed with complications from the procedure, including nausea with severe abdominal, hip and leg pain, the hospital said. Austin was transferred into the ICU for close monitoring on Jan. 2, according to Walter Reed.
‘He has progressed steadily throughout his stay,’ the statement said. ‘His infection has cleared. He continues to make progress and we anticipate a full recovery although this can be a slow process.’
The Pentagon waited three days to inform the White House of Austin’s condition, according to two senior administration officials.
The White House has now ordered Cabinet members to notify the president’s chief of staff when they cannot perform their duties, as part of a policy review in the wake of Austin’s hospitalization.” [NBC News]
Monster winter storm slams East Coast with rain, flooding, and tornadoes
“Al Roker is tracking a deadly winter storm that’s hammering the eastern third of the country with widespread rain, heavy snow, powerful winds, severe thunderstorms, tornadoes, and coastal flooding.
Flood watches are in effect for 75 million people from Georgia to Maine, and 178 million are under wind alerts from the southern Plains to Florida to New England.
The system is moving into the Northeast this afternoon. New York City is bracing for potentially extreme flooding and winds up to 60 mph, and New Jersey has declared a state of emergency starting at 5 p.m. ET.
The storm has already left a trail of destruction across the Gulf Coast and Southeast. Florida has declared a state of emergency in 49 counties, after reported tornadoes struck the Florida Panhandle.
At least two deaths from falling trees have been reported in Alabama and Georgia.
In the Midwest, the storm has brought blizzard conditions across the region, disrupting the 2024 campaign trail just six days before the Iowa caucuses.
Power has been knocked out to hundreds of thousands of homes and businesses, and thousands of flights have been canceled or delayed, according to FlightAware.” [NBC News]
“Florida Republicans ousted their chairman, Christian Ziegler, more than a month after the police confirmed that he was under criminal investigation for sexual assault.” [New York Times]
Here's how a Boeing 737 MAX 9 lost a panel midair
“A left door plug that expelled from an Alaska Airlines flight had disengaged from the fuselage, ‘allowing it to blow out,’ the National Transportation Safety Board said late Monday, offering further details on the midflight blowout. The flight was forced to return to Portland, Oregon, shortly after takeoff when a section of the fuselage separated from the plane. None of the 177 passengers and crew were seriously injured and the plane landed safely in Portland. A missing door plug, which was discovered in a backyard in Portland on Sunday, is a key piece in the ongoing investigation of what happened during the flight.” Read more
•These graphics show how the panel dislodged from the plane.
The door plug from Alaska Airlines Flight 1282 was found Monday, in Portland, Ore. (National Transportation Safety Board via AP)
•An iPhone fell thousands of feet from the Alaska Airlines flight and still works.” [USA Today]
A gaping hole where the paneled-over door had been at the fuselage plug area of Alaska Airlines Flight 1282 on Sunday, Jan. 7, 2024, in Portland, Oregon.
AP
Red Cross: Blood shortage at emergency levels
“The American Red Cross has announced the organization faces a blood shortage so severe it cannot provide enough blood to some hospitals that need it for patients. The nonprofit, which collects and distributes about 40% of the nation's blood donations, said the shortage means some patients may get less blood than they need. Other blood donation organizations also report inventories are running low and say this is a challenging era for collecting blood due to changes since the pandemic. Employer-based blood drives are becoming a less robust source of blood donations as more Americans work from home. And fewer high schools and colleges are holding blood drives for eligible students, experts say.” Read more at USA Today
An explosion injured at least 21 people in a Fort Worth hotel.
“What happened? The explosion tore apart at least two floors of the 104-year-old building in the Texas city’s downtown yesterday. One person was in critical condition.
What caused it? Probably some type of gas explosion, authorities said, but investigations are ongoing.”
Read this story at Washington Post
“Special counsel Jack Smith and Judge Tanya Chutkan, who is overseeing former President Trump’s federal election interference case, both appear to have been the victims of recent swatting attacks, according to law enforcement sources.” [NBC News]
Ramaswamy unravels
Vivek Ramaswamy walks off his campaign bus for a stop at the Hampton Inn & Suites Sioux City South in Iowa yesterday. Photo: Joe Raedle/Getty Images
“Vivek Ramaswamy staffers have begun looking for work elsewhere. He didn't qualify for tomorrow's final televised debate before the Iowa caucuses. And he won't even be on the ballot for the Illinois GOP primary.
Why it matters: Ramaswamy jumped to political prominence with an anti-establishment, Trump-friendly message. But now his long-shot campaign shows signs of unraveling, Axios' Sophia Cai reports.
Ramaswamy — at 38, the youngest in the presidential race — has poured his energy into trying to pull off a strong showing in Iowa next Monday night.
The wealthy biotech entrepreneur has predicted he'll finish no worse than third — above either Nikki Haley or Ron DeSantis, and behind former President Trump, the front-runner.
Polls in Iowa show Ramaswamy is running fourth. Beyond Iowa, the picture for him is unclear. His campaign says he's skipping Illinois' GOP primary on March 19 as a strategic decision.
What we're hearing: GOP officials tell Axios they've received job inquiries from multiple Ramaswamy campaign staffers since early November.
One offered to start work Feb. 1 — after the Iowa and New Hampshire contests, but before Super Tuesday on March 5, when 16 states hold Republican contests.
Ramaswamy — like former New Jersey Gov. Chris Christie, who has focused on New Hampshire's Jan. 23 primary — hasn't reached the 10% mark in national polls required to qualify for CNN's Republican debate in Des Moines tomorrow (9 p.m. ET).
Haley and DeSantis will debate. Trump qualified but, as with previous GOP debates, he'll skip it and counterprogram with a town hall on Fox News.
Over the holidays, Trump speculated about being endorsed by Ramaswamy.
‘He will, I am sure, Endorse me. But Vivek is a good man, and is not done yet!’ Trump posted on TruthSocial.
Reality check: Ramaswamy has the personal cash to keep going if he wants to. Last week he sold $33 million in stock in a biotech company he founded.
Ramaswamy's campaign disputes that he faces a reckoning.
‘The energy we're seeing on the ground in Iowa is electric,’ communications director Tricia McLaughlin told Axios. ‘The mainstream media may be quick to write our obituary, but that's because they're oblivious to the facts on the ground.’” [Axios]
Dems drop big cash to court minority voters
Illustration: Aïda Amer/Axios
“The Democratic Congressional Campaign Committee says it's pouring $35 million into reaching Black, Latino and Asian American and Pacific Islander voters ahead of this year's House races.
Why it matters: Democrats, including President Biden, have slowly been bleeding support among many of these voters, Axios Latino editor Astrid Galván reports.
The big picture: Latino voters were decisive in several tight swing state races in the midterms. As the fastest-growing demographic of voters, their power will be even greater this year.
House Dems say they'll spend money on research and polling, paid media, organizing, voter education and protection, and battling disinformation.
The campaign will include English, Hindi, Korean, Mandarin, Spanish, Tagalog and Vietnamese language ads and outreach.
A spokesman says the initial $35 million investment is more than it made in the last election cycle, which was roughly $30 million.” [Axios]
“Ray Epps, a former Trump supporter who became the target of conspiracy theorists in the wake of the January 6th attack, was sentenced to a year of probation today for his role in the riot.” [NBC News]
“A deceased fisherman has been identified as the suspect in three cold-case homicides in Virginia from the 1980s, including two of the notorious ‘Colonial Parkway Murders.’” [NBC News]
House Republicans catch the impeachment bug, again
John Moore/Getty Images
One month after voting on an impeachment inquiry for President Joe Biden, House Republicans have set their sights on another member of the administration: Homeland Security Secretary Alejandro Mayorkas.
“This Wednesday, the House Homeland Security Committee will hold a hearing on a potential impeachment inquiry of Mayorkas. Their justification? Republicans argue his policies have contributed to a record number of apprehensions at the border in 2023, and exacerbated what they describe as a crisis in the region.
Democrats have countered that such policy disagreements don’t amount to the ‘high crimes and misdemeanors’ that warrant impeachment, noting that this is simply the latest in a string of GOP political stunts.
It’s all about the border: The Mayorkas impeachment push is just one of many tactics Republicans are employing to keep the focus on immigration. Historically, this subject has proven to be a politically useful flash point for Republicans, and for former President Donald Trump, with the GOP seen as slightly more trustworthy on the issue than Democrats.
As House members press for a Mayorkas impeachment, far-right members have also argued that Congress needs to pass more restrictive border policies — including those making it harder for people to seek asylum — in order to secure their votes on other areas like government funding and Ukraine aid.
Getting mods on board: Although Republicans were able to get enough votes to approve a Biden impeachment inquiry in December, starting one on Mayorkas puts some moderates in a tough position again. All told, there are 18 House Republicans who hail from districts that Biden also won in 2020.
Why Republicans are so into impeachment: It’s a big chance to generate negative attention on the Biden administration ahead of November. Even if the impeachment pushes aren’t warranted, the more time that Congress spends on hearings about executive branch misconduct, the lower the president’s approval rating becomes, as research from political scientists Douglas Kriner and Eric Schickler has found.
In the past, Republican investigations on subjects like former Secretary of State Hillary Clinton and Benghazi have also stumbled upon findings — like information about her private email server — that they’ve been able to weaponize.
Furthermore, touting the impeachment of Biden administration officials gives Republicans an opportunity to distract from Trump’s own legal troubles, which range from federal and state criminal indictments to a civil suit over business fraud.” [Vox]
So hot you’re hurting the Earth
Faisal Bashir/SOPA Images/LightRocket/Getty Images
“Last year — 2023 — was the hottest year on record, according to a new report from the European Union’s Copernicus Climate Change Service. On average, the temperature was 0.17 degrees Celsius higher than 2016, the last record year.
That jump is significant and the byproduct of both climate change, which is driven by greenhouse gas emissions, and a powerful El Niño weather event.
The average temperature in 2023 was also 1.48 degrees Celsius higher than preindustrial times, signaling that the Earth is soon likely to breach the 1.5 degree Celsius benchmark countries previously set in the Paris Climate Accords.
The idea was that limiting the Earth’s temperature increase to 1.5 degrees Celsius warmer than preindustrial temperatures was an ideal goal to minimize extreme weather events and other climate change-exacerbated catastrophes. The scientists at Copernicus now believe the Earth could hit that threshold in 2024.
What a hotter Earth means: 2023 provided a preview of what these higher temperatures might entail, including the prevalence of more extreme weather events such as massive wildfires in Canada, devastating flooding in Libya, and a deadly heat wave in South Africa.
Read Vox’s Umair Irfan on how climate scientists are responding to the record-breaking temperatures of 2023.” [Vox]
A former gang leader charged in the killing of Tupac Shakur is granted $750,000 bail and house arrest
“A judge set bail at $750,000 for a former Los Angeles-area gang leader charged with orchestrating the killing of hip-hop legend Tupac Shakur in 1996 and said he can serve house arrest with electronic monitoring ahead of his trial in June.” Read More at AP News
“European Union leaders are starting to make their moves to combat pressure from their populist rivals.
French President Emmanuel Macron pushed out his prime minister last night as he seeks to stem the rise of the nationalists of Marine Le Pen, who’ve been polling strongly ahead of June’s European elections.
German Chancellor Olaf Scholz’s efforts to get the bloc’s biggest economy moving again have been hit by protests from farmers — backed by the opposition conservatives and the far-right Alternative for Germany party — who are angry at losing a diesel subsidy.
Ballots across the continent this year will mark a turning point for the bloc as Commission President Ursula von der Leyen’s first term comes to a close, triggering another scramble among member states and political groups to secure influential posts.
That process has started earlier than usual after Charles Michel, who leads EU leaders’ summits as president of the European Council, announced that he will step down early to run in the European election.
Unless leaders can agree on a replacement before the June vote, control of summit agendas will pass to Hungarian Prime Minister Viktor Orban, who’s consistently blocked EU efforts to help Ukraine and to manage immigration. Last year he traveled to Beijing to meet with Vladimir Putin.
One place the populist drift has already been checked is Poland, where Michel’s predecessor, Donald Tusk, unexpectedly returned to power last month. He’s now battling to wrest control of the state broadcaster from allies of the previous nationalist government.
As the power games play out and mainstream parties seek to counter the rise of populists, the specter of Donald Trump’s possible return to the White House looms large over the continent.” — Ben Sills [Bloomberg]
Farmers park tractors at the Brandenburg Gate in Berlin yesterday to protest planned cuts to state subsidies. Photographer: Sean Gallup/Getty Images
“A war over Taiwan could cost the world about $10 trillion, equal to about 10% of global gross domestic product. While few observers put a high probability on on an imminent invasion by China, the country’s rising economic and military heft, Taiwan’s burgeoning sense of national identity, and fractious relations between Beijing and Washington mean the conditions for a crisis are in place. Taiwan’s Jan. 13 election is a potential flashpoint.” [Bloomberg]
“Houthi militants, a Yemeni group backed by Iran, mounted at least two dozen attacks in the southern Red Sea between Nov. 19 and Jan. 2, according to US Central Command, including dropping from a helicopter to hijack a vessel. Aaron Clark and Jack Wittels report on the unprecedented dangers to ship workers as the Houthis target Israel-affiliated vessels carrying commodities to the country.” [Bloomberg]
A screengrab from footage released by Houthi rebels shows members aboard a vessel in the Red Sea on Nov. 19. Source: Getty Images
“President Daniel Noboa has declared a 60-day state of emergency after one of Ecuador’s most notorious drug lords escaped from prison and renewed rioting broke out at penitentiaries across the Andean nation. Adolfo Macias’s breakout is an embarrassment for the new administration that took office in November promising to control a crime wave.” [Bloomberg]
“President Xi Jinping vowed there will be ‘no mercy’ in his government’s anti-graft campaign in several critical sectors, a move that risks China’s fragile economic recovery.” [Bloomberg]
“President Hassan Sheik Mohamud of Somalia warned neighboring Ethiopia he would take ‘all necessary measures’ to defend his country should its neighbor make strides toward securing direct passage to the Red Sea via the breakaway region of Somaliland.” [Bloomberg]
Gabriel Attal is France’s youngest-ever and first openly gay prime minister
“Gabriel Attal rose to prominence as the government spokesperson then education minister and had polled as the most popular minister in the outgoing government. His predecessor Elisabeth Borne resigned Monday.” Read More at AP News
“Pope Francis said surrogate motherhood should be banned for its ‘commercialization’ of pregnancy, calling it ‘despicable.’” [New York Times]
“Dog meat: South Korea has passed a law aiming to end the slaughter and sale of dogs for their meat. Our Seoul correspondent Jean Mackenzie gauges the generational divide around the planned ban.” [BBC News]
“Precious metals: Norway is likely to become the first country in the world to approve commercial-scale deep-sea mining, when its parliament votes later. Environmental scientists have said it could be devastating for marine life.” [BBC News]
“Gunmen have broken into a TV studio in Ecuador during a live broadcast, the latest episode of violence in the country following the escape of the notorious gang boss known as Fito.” [BBC News]
Scientists find about a quarter-million invisible nanoplastic particles in a liter of bottled water
“The average liter of bottled water has nearly a quarter-million invisible pieces of tiny nanoplastics, detected and categorized for the first time by a microscope using dual lasers. Scientists long figured there were lots of these microscopic plastic pieces, but until researchers at Columbia and Rutgers universities did their calculations, they never knew how many or what kind. Read more.
Why this matters:
Much of the plastic seems to be coming from the bottle itself, said study lead author Naixin Qian. Qian wouldn’t reveal the three brands tested because researchers want to examine more samples. Still, she said they were common, and all four co-authors said they were cutting back on their bottled water use after conducting the study.
Researchers still can’t answer the big question: Are those nanoplastic pieces harmful to health? ‘That’s currently under review. We don’t know if it’s dangerous or how dangerous,’ said study co-author Phoebe Stapleton.” [AP News]
Robolabs turbocharge research
Illustration: Aïda Amer/Axios
“AI-driven lab "copilots" are speeding up the development of new drugs, chemicals and materials.
Why it matters: Scientific discovery itself must speed up if the world is to address its challenges — from climate change to personalized treatments for cancer — fast enough to make a difference, Axios global tech correspondent Ryan Heath writes.
What's happening: A new category of lab assistant — AI lab copilots — can now make suggestions for how researchers can advance their experiments. The copilots can also spot patterns in scientific data that individual humans would be unlikely to notice.
Ideas these copilots help shape can be tested in a new environment called cloud labs — automated labs that can be rented and controlled remotely, allowing experiments to be repeated at the push of a button.
These experiments' results are fully traceable, helping to identify errors.
Reality check: Today's AI systems can't learn from failure, which has been the source of many human scientific discoveries.” [Axios]
New JetBlue CEO is pioneer
Joanna Geraghty speaks at the World Aviation Festival in London in 2019. Photo: Chris Ratcliffe/Bloomberg via Getty Images
“JetBlue CEO Robin Hayes will step down next month and be succeeded by the airline's president and chief operating officer, Joanna Geraghty, the company announced Monday.
Why it matters: Geraghty will be the first woman to lead a major U.S. airline.
Geraghty, who has been with JetBlue for nearly 20 years, was previously a partner at the law firm Holland & Knight.” [Axios]
Good morning to everyone but especially ...
THE MICHIGAN WOLVERINES
“Hail to the victors valiant. And dominant. And, for the first time since 1997 (and first time unanimously since 1948), national champions. Michigan bulldozed Washington, 34-13, to cap a magnificent -- if controversial -- season.
The Wolverines ran early, ran late and ran over an overwhelmed Huskies defense, while smothering an explosive offense to its fewest points of the season.
Michigan racked up 303 yards rushing, a national championship game record. Washington had 301 yardstotal.
Donovan Edwards, who hadn't scored a rushing touchdown in nearly two months, had two in the first half, on bursts of 41 and 46 yards, respectively. Blake Corum had two scores late, extending his Michigan career record to 58.
Edwards and Corum became the first duo to both have 100+ yards rushing and multiple rushing touchdowns in a national championship game since Mark Ingram II and Trent Richardson in 2010.
When the offense stalled in the second half, the defense flexed its muscles. Star defensive backs Will Johnson andMike Sainristil picked off Michael Penix Jr., who was bottled up by a lockdown secondary and beaten up by a relentless pass rush. Sainristil's 81-yard interception return set up Corum's game-sealing touchdown -- a fitting end to a commanding victory.
Michigan is just the sixth team to go 15-0 or better and the first Big Ten team to win 15 games in a season since the 1899 Chicago Maroons, who played several high schools and a team named "Physicians & Surgeons," among others. No, I'm not making that up.
This team -- shaped by past CFP failures and plenty of adversity, writes Shehan Jeyarajah -- was awesome. The offensive and defensive lines mauled opponents, the running backs carried the load, quarterback J.J. McCarthy and a talented group of weapons made plays when needed, and the linebackers and secondary were phenomenal. Washington entered the game with 89 plays of 20+ yards this season, including six in the semifinal win over Texas. It had one Monday night. And the defense wasn't done there; it even chased down Jim Harbaugh for a Gatorade bath.
And that brings us to Harbaugh, who missed the season's first three games due to an NCAA violation and the regular season's final three due to a sign-stealing scandal. (Harbaugh, for what it's worth, said, ‘We're innocent,’ postgame.) Will he go back to the NFL? Will he take a record $125-million contract to stay at Michigan? He may not have been able to dodge a Gatorade bath, but he dodged questions about his future. Will Backus examined the looming decision from several angles.
But hold off on worrying about what's next, Michigan fans, because the joy of fandom is about reveling in the wins. What a win this was, and what a team this was. Michigan is back on top of college football.” [CBS Sports]
“N.F.L.: The Washington Commanders fired coach Ron Rivera. Former Golden State Warriors general manager Bob Myers will help hire the franchise’s new coach.
N.B.A.: The Memphis Grizzlies guard Ja Morant is out for the year with a torn labrum, just nine games after his season debut.” [New York Times]
Nike loses Tiger
Tiger Woods puts on his first green jacket — over a Nike swoosh — at the 1997 Masters. Photo: Dave Martin/AP
“Tiger Woods and Nike — after 27 years — are ending one of the most lucrative and iconic endorsement deals in sports history.
Why it matters: The Nike swoosh was unavoidable at golf's biggest moments. Close-up shots of Nike golf balls — with the logo perfectly facing TV cameras — were a common sight at the end of majors.
The 15-time major winner's last deal with the sportswear giant was worth a reported $200 million over 10 years.
Nike stuck with Woods when extramarital affairs prompted other major sponsors to suspend deals.” [Axios]
Aaron Rodgers denies implying comic Jimmy Kimmel was tied to Epstein and condemns those who do
“New York Jets quarterback Aaron Rodgers denied he implied comic Jimmy Kimmel was a pedophile and condemned those who do, but he stopped short of apologizing for his role in escalating their burgeoning feud.” Read More at AP News