The Full Belmonte, 4/26/2024
Supreme Court hears Trump immunity claim as hush money trial resumes
“Donald Trump’s lawyers have been in two courtrooms today, as the Supreme Court heard arguments over the former president’s claims of ‘absolute immunity’ from prosecution, and testimony resumed in his New York hush money trial.
The Supreme Court is considering whether Trump can face trial in the federal election interference case brought by special counsel Jack Smith.
At the same time the justices were hearing arguments, Trump was back in a New York courtroom, as his longtime friend David Pecker took the stand for a third day in his criminal trial.
Pecker, the former publisher of National Enquirer, further detailed his ‘catch and kill’ scheme allegedly involving Trump and his former attorney Michael Cohen, to buy and bury negative stories about Trump during the 2016 election.
The judge in that case is also expected to decide whether to hold Trump in contempt, as prosecutors accused the presumptive Republican presidential nominee today of four more gag order violations.
Trump has also been named as an unindicted co-conspirator in the ‘fake elector’ plots to overturn the 2020 election results in Michigan and Arizona, according to a state investigator and court documents.” [NBC News]
Chief Justice John Roberts and others raised the possibility that the Supreme Court could send the Donald Trump immunity question back to a lower court. | J. Scott Applewhite, File/AP Photo
“SCOTUS WATCH — The Supreme Court today took up the explosive question of how far DONALD TRUMP’s presidential immunity from criminal prosecution extends — a complex legal question surrounding the aftermath of the 2020 election whose resolution could shake the 2024 election.
Notably, Chief Justice JOHN ROBERTS and Justices NEIL GORSUCH and BRETT KAVANAUGH raised the possibility that SCOTUS could send the matter back to the D.C. Circuit Court of Appeals for further analysis. If Roberts and Kavanaugh, two of the typical swing votes within the conservative supermajority, go that route, it could doom special counsel JACK SMITH’s federal election subversion trial to be delayed until after the election (or forever, if Trump wins).
Another possible avenue for delays: Justice AMY CONEY BARRETT, often another swing vote, seemed interested in creating a test for presidential defense to prosecution that would fall short of absolute immunity — which could also go back to lower courts for further litigation.
The heart of the questioning during much of today’s oral arguments centered on the distinctions between Trump’s official actions as president and his personal, private conduct, Kyle Cheney reports. Multiple conservative justices were searching for a way to declare that presidents do have at least some immunity for their official actions — and shrink the scope of the charges against Trump. Liberal justices torched Trump attorney JOHN SAUER’s arguments, asking about whether presidents could be immune from ordering assassinations or military coups. But conservatives worried about hypotheticals in which presidents would be hamstrung by a lack of immunity and subject to political persecution.
‘[O]ne of the main points of discussion turned on the question of which situation would be worse,’ writes NYT’s Alan Feuer: ‘a world in which presidents, shorn of any legal protections against prosecution, were ceaselessly pursued in the courts by their rivals in a never-ending cycle of political retribution, or allowing presidents to be unbounded by criminal law and permitted to do whatever they wanted with impunity.’
In Manhattan: Today’s Supreme Court arguments heightened the probability that Trump’s ongoing criminal hush money trial could be the only time he faces a jury. And in NYC today, lead witness DAVID PECKER revealed more details about his efforts to help Trump during the 2016 election as publisher of the National Enquirer.
Pecker testified that he paid KAREN McDOUGAL in order to bury her allegations of an affair with Trump, protect him politically and influence the election — a key piece of prosecutors’ argument that they were involved in an illegal conspiracy. It was part of the tabloid’s infamous ‘catch and kill’ scheme, buying someone’s story to keep them quiet and never publish it. Pecker said he was in touch with Trump about the McDougal story during that time (and that ABC, pursuing it separately, offered her a ‘Dancing with the Stars’ spot if she gave them the story).
He also dove into his failed attempt to get Trump to reimburse him for the McDougal payoff, and the time that he made DYLAN HOWARD take down a negative Radar Online story about Trump. Follow live updates from our colleagues, and read their chat about what it’s really like inside the trial
This afternoon, Pecker has finally started to get into the STORMY DANIELS story, which is the real nub of the trial. He testified that he didn’t want to buy and bury the porn star’s allegation of an affair but encouraged Trump to do so himself. Pecker also said Trump’s worries about affairs becoming public were not about concerns for his family.
Meanwhile, we’re still waiting for judge JUAN MERCHAN to issue his decision on whether Trump has violated his gag order in the case. Prosecutors argued that the former president had done so four more times this week by talking about the jury, criticizing MICHAEL COHEN and commenting on Pecker.” [POLITICO]
Trump gets the upper hand at SCOTUS
Photo illustration: Lindsey Bailey/Axios. Photo: Jeff Swenson/Getty Images
“Former President Trump seemed to come out ahead today as the Supreme Court debated whether he can be prosecuted for his attempts to overturn the 2020 election, Axios court watcher Sam Baker reports.
Five justices may not ultimately endorse Trump's argument that former presidents are totally immune from prosecution for actions they took while in office.
But several justices were open to the idea of sending the case back to lower courts for new hearings — which would prevent the Justice Department's case from going to trial before Inauguration Day.
And any delay is a win for Trump.
Catch up quick: The court's six conservatives weren't always on the same page during nearly three hours of oral arguments today in Trump's immunity case.
Justice Brett Kavanaugh was adamant about a relatively expansive interpretation of presidential immunity, while Justice Amy Coney Barrett was skeptical of Trump's sweeping position.
A majority seemed to loosely coalesce around a rule that would give presidents some level of immunity for their official actions but not necessarily for their personal conduct — and let lower courts take another crack at drawing that line.” [Axios]
Harvey Weinstein’s 2020 rape conviction overturned by New York Appeals court
“Harvey Weinstein’s 2020 conviction on rape charges has been overturned by New York’s highest court, a stunning reversal in the landmark #MeToo case.
The state Court of Appeals found the judge had committed ‘egregious’ errors and had shown prejudice against the former movie mogul, by allowing women whose accusations were not a part of the case to testify.
An attorney representing some of Weinstein's accusers called the decision ‘a major step back in holding those accountable for acts of sexual violence.’ A spokesperson for the Manhattan District Attorney's Office vowed the case would be retried.
Weinstein, 72, had been serving a 23-year sentence in New York. Weinstein's attorney said the decision was a ‘victory’ for his client and ‘every criminal defendant in the United States of America.’
Weinstein will remain in prison for his separate 2022 rape conviction in Los Angeles. His attorneys are appealing that conviction as well.” [NBC News]
Police deploy Taser, zip-tie protesters in Georgia as campus unrest spreads
“New clashes are breaking out on college campuses today, as police crack down on the pro-Palestinian protests that have been spreading across the country.
In Atlanta, video posted to social media shows officers tasing a handcuffed protester and restraining others with zip ties, as police removed demonstrators encamped on the lawn of Emory University. Organizers said police have also used tear gas and pepper bullets on the crowd.
It follows 57 arrests at the University of Texas at Austin on Wednesday, 93 at the University of Southern California in Los Angeles, and more than 100 at Emerson College in Boston.
The USC campus is closed today to the general public, and only students, faculty members and employees with proper identification can gain access.” [NBC News]
A pro-Israel counter-protester stands by a pro-Palestinian Jewish protester on April 25, 2024 at Temple University in Philadelphia.
Daniella Heminghaus, Bucks County Courier Times via USA TODAY Network
University protests
“US protests over the humanitarian crisis in Gaza are growing in number and intensity, most notably on college campuses. At New York's Columbia University, where protests began last week, the faculty senate is expected to vote today on a resolution admonishing the school's president, Minouche Shafik, over several of her decisions. Shafik has faced criticism for authorizing police to shut down student protests on campus. On the West Coast, the University of Southern California on Thursday canceled its main commencement ceremony next month, citing ‘new safety measures in place.’ Nearly 100 people have been arrested on the campus as numerous other institutions report clashes between protesters and police.” [CNN]
USC ceremony shock
Protesters at USC are detained by LAPD officers who were trying to clear the campus during a demonstration against the war in Gaza on Wednesday. Photo: Wally Skalij/L.A. Times via Getty Images
“USC seniors — who started college at the height of the pandemic — missed high school graduations, took Zoom classes and struggled with social isolation.
Now their college commencement ceremony is canceled, too.
Why it matters: USC became the first major university to cancel a graduation ceremony over Pro-Palestinian protests yesterday, potentially opening the door for other schools to follow suit, Axios' April Rubin writes.
Quote of the Day: "They Entered College in Isolation and Leave Among Protests ... The Class That Missed Out on Fun," The Wall Street Journal calls the Class of '24.” [Axios]
New federal rule bars transgender school bathroom bans, but it likely isn’t the final word
“A new rule from President Joe Biden’s administration blocking blanket transgender bathroom laws could conflict with laws in Republican-controlled states. The clash over bathroom policy and other elements of a federal regulation finalized last week could set the stage for another wave of legal battles over how transgender kids should be treated in the U.S. Read more.
Key points:
The regulation. The 1,577-page regulation seeks to clarify Title IX, the 1972 sex discrimination law originally passed to address women’s rights, and applies to schools and colleges that receive federal money. The regulation, which takes effect in August, bars discrimination based on sexual orientation and gender identity, too.
Bathroom laws. At least 11 states have adopted laws barring transgender girls and women from using girls’ and women’s bathrooms at public schools. The new regulation opposes those sweeping policies. These laws are currently in effect in several states.
Parental notification and pronoun restrictions. At least seven states have laws or policies calling for schools to notify parents if their children are transgender. The regulation seems to authorize those requirements. But on refusal to use the pronouns transgender or nonbinary students prefer, the regulations finds that this could ‘constitute discrimination on the basis of sex under Title IX in certain circumstances.’” [AP News]
Bodycam video shows Ohio man’s death in police custody
“Police in Ohio have released bodycam video showing a man dying in custody after officers restrained him in a bar following a traffic accident.
The video shows Canton police officers struggling to restrain Frank Tyson. One officer is seen placing handcuffs on Tyson, while the other places his knee on Tyson’s upper back and neck area for 30 seconds.
Tyson can be heard yelling, ‘I can’t breathe.’ The video then shows him losing consciousness, and more than five minutes passing before police checked him for a pulse.
Officers then administered CPR and several doses of Narcan to Tyson before paramedics arrived and took him to the hospital, where he was pronounced dead, police said.
The Canton Police Department said both officers involved have been placed on paid administrative leave while the incident is under investigation.” [NBC News]
Scoop: Biden's walkers
Left: President Biden walks to Marine One solo on Jan. 5. Right: He walks to the helicopter with aides on April 18. Photos: Chip Somodevilla, Anna Moneymaker/Getty Images
“President Biden has introduced a change to his White House departure and return routine: Instead of walking across the South Lawn to and from Marine One by himself, he's now often surrounded by aides.
Why it matters: With aides usually walking between Biden and the press' camera position outside the White House, the visual effect is to draw less attention to the 81-year-old's halting and stiff gait, Axios' Hans Nichols and Alex Thompson report.
Some Biden advisers have told Axios they're concerned that videos of Biden walking and shuffling alone — especially across the grass — have highlighted his age.
Weeks ago, the president told aides that he'd prefer a less formal approach, a White House official told Axios. He suggested that they walk with him.
White House staffers and reporters alike noticed the sudden change in Biden's walk routine beginning in mid-April, after more than three years in which he'd typically walked solo.
Senior aides — including deputy chiefs of staff Bruce Reed and Annie Tomasini, and close adviser Mike Donilon — are among those who've walked with the president across the lawn to and from the helicopter.
Since the change, some advisers think the images of Biden's walks to and from the helicopter are better, and they expect him to continue to have aides join him.
By the numbers: In March, Biden's five walks to and from Marine One at the White House were by himself, or with family members.
Starting April 16, Biden was joined by staff or lawmakers nine out of 10 times he walked to and from Marine One.
The big picture: Biden's team has focused on changing voters' perceptions about his age in recent months.
The White House has taken steps to prevent the president from tripping, as he did last summer on a stage at the Air Force Academy.
Biden increasingly has worn shoes with extra support, including a pair of black Hoka sneakers.
Between the lines: His doctor has disclosed that the president suffers from ‘mild sensory peripheral neuropathy of the feet,’ which has contributed to his stiff gait.
His doctor declared Biden "fit for duty," and released far more information about his health than Donald Trump's team has revealed about the 77-year-old ex-president.” [Axios]
U.S. fertility rate hits record low
Data:CDC; Chart: Axios Visuals
“Births in the U.S. fell by about 2% last year, bringing the country's fertility rate to its lowest point in nearly a century, Axios' Ivana Saric reports from new CDC data.
The total number of births in the U.S. declined an average of 2% per year from 2015 to 2020, then rose slightly in 2021 — but has now fallen off again.
Birth rates declined across nearly all racial groups.” [Axios]
A cargo vessel moves through a newly opened deep-water channel in Baltimore today. Photo: Matt Rourke/AP
“Baltimore opened a new, deeper shipping channel today, a major step toward fully reopening its cargo operations after the collapse of the Francis Scott Key Bridge. Go deeper.” [Axios]
Ariel Henry resigns as prime minister of Haiti, paving the way for a new government to take power
“Ariel Henry resigned Thursday as prime minister of Haiti, leaving the way clear for a new government to be formed in the Caribbean country, which has been wracked by gang violence that killed or injured more than 2,500 people from January to March.” Read More at AP News
Ukraine pulls US-provided Abrams tanks from the front lines over Russian drone threats
“Ukraine has sidelined U.S.-provided Abrams M1A1 battle tanks for now in its fight against Russia, according to two U.S. military officials who spoke to The Associated Press. Read more.
Why this matters:
The U.S. agreed to send 31 Abrams to Ukraine in January 2023 after an aggressive monthslong campaign by Kyiv arguing that the tanks, which cost about $10 million apiece, were vital to its ability to breach Russian lines. But the battlefield has changed substantially since then: Ukraine has only employed them in a limited fashion and has not made combined arms warfare part of its operations. While drones are a significant threat, the Ukrainians have not adopted tactics that could have made the tanks more effective, one U.S. defense official said.
The U.S. is expected to announce Friday that it will also provide about $6 billion in long-term military aid to Ukraine, U.S. officials said, adding that it will include much sought-after munitions for Patriot air defense systems. The U.S. also confirmed for the first time that it is providing long-range ballistic missiles known as ATACMs, which allow Ukraine to strike deep into Russian-occupied areas.
For now, the tanks have been moved from the front lines, and the U.S. will work with the Ukrainians to reset tactics, said Joint Chiefs of Staff Vice Chairman Adm. Christopher Grady and a defense official who confirmed the move on the condition of anonymity.” [AP News]
U.S. University Arrests
Pro-Palestinian protesters gather on the campus of the University of California, Los Angeles on April 25.Frederic J. Brown/AFP via Getty Images
“Police this week arrested hundreds of pro-Palestinian student demonstrators on college campuses across the United States as university administrators struggle to find a balance between allowing free speech and maintaining a safe environment for all students and faculty.
Among students’ demands, they have urged their universities to stop investing in companies that provide support to Israel and to cut ties with Israeli academic institutions as well as called for a cease-fire in Gaza and the creation of an independent Palestinian state. Although reports suggest that the protests have been largely nonviolent, some students and faculty—including many who are Jewish—have reported feeling intimidated or unsafe because of the demonstrations and even being targeted in antisemitic attacks.
Photos and videos have circulated on social media of protesters in some instances expressing antisemitic slogans and support for Hamas’s deadly assault on Israel on Oct. 7, 2023. Some activist groups involved in organizing the protests have made public statements denying antisemitism and saying their criticism is reserved for the Israeli state and its supporters.
The protests gained national attention last Wednesday at Columbia University in New York City after students formed an encampment on campus to demand that the school stop its ‘continued financial investment in corporations that profit from Israeli apartheid, genocide, and military occupation of Palestine,’ including companies involved in weapons manufacturing.
The protests came the same day that Columbia University President Minouche Shafik testified before a U.S. House of Representatives committee about how the school responds to charges of antisemitism on campus. Shafik was the latest university president to face criticism for allegedly failing to combat antisemitism, with House Republicans interrogating the presidents of Harvard University, the University of Pennsylvania, and the Massachusetts Institute of Technology on their policies late last year. Harvard and Penn’s presidents have since resigned after evading questions about whether students should be punished for calling for the genocide of Jews.
Seemingly in recognition of the spotlight on her, Shafik requested that New York police disband the school’s pro-Palestinian encampment, saying students were trespassing and threatening the university’s security. More than 100 people were arrested. The Columbia Law School Human Rights Institute condemned the arrests, and the school’s newspaper, the Columbia Daily Spectator, compared the incident to crackdowns on the university’s anti-war protesters in 1968.
Since then, solidarity protests have arisen at universities across the country, and many have been met with similar police responses that have seen hundreds of students and faculty arrested. Some schools have canceled classes or moved them online.
The tumult has also reignited an ongoing national conversation about free speech—and its limits—on university campuses and beyond that has seen high-profile politicians weigh in. Democratic Rep. Ilhan Omar, whose daughter was arrested during last Thursday’s demonstration at Columbia, has expressed support for the protesters. On Wednesday, U.S. House Speaker Mike Johnson and several of his fellow Republican lawmakers held a press conference at Columbia calling on the school’s president, Shafik, to resign ‘if she cannot immediately bring order to this chaos.’ He was met with boos from nearby protesters.
U.S. President Joe Biden told reporters on Monday that he condemns the ‘antisemitic protests’ but added, ‘I also condemn those who don’t understand what’s going on with the Palestinians.’ White House Press Secretary Karine Jean-Pierre said on Wednesday that Biden believes in the importance of free speech, debate, and nondiscrimination on college campuses, adding that ‘students should feel safe.’” [Foreign Policy]
“Climate woes. Torrential rain and flash floods have wreaked havoc across East Africa this week. On Thursday, Tanzanian Prime Minister Kassim Majaliwa said at least 155 people had been killed and more than 230 others injured, urging anyone living in low-lying areas to seek higher ground. Officials report that the storm has affected around 200,000 people and damaged more than 10,000 homes. Majaliwa blamed the El Niño climate pattern for worsening the country’s rainy season.
In Kenya, at least 38 people have been killed and more than 40,000 others displaced in the flooding, over 30,000 of whom were living in Nairobi. Thousands of acres of crops have also been destroyed, and at least 118 inmates at a facility near the capital escaped on Wednesday after heavy rains damaged the prison. Local government is ‘clearly overwhelmed,’ Edwin Sifuna, the Nairobi County senator, wrote on X. The nation’s Interior Ministry announced on Thursday that government agencies were beginning a joint operation to conduct search and rescue operations and evacuate those at risk.” [Foreign Policy]
“Weapons in space. Russia vetoed a United Nations resolution on Wednesday that called on all countries not to develop or deploy nuclear arms or other weapons of mass destruction into space. This would reaffirm a principle established in the 1967 Outer Space Treaty. The United States and Japan co-sponsored the draft, which only Moscow out of the U.N. Security Council’s 15 members voted against; China abstained.
Russia’s U.N. ambassador, Vassily Nebenzia, condemned the draft as ‘absolutely absurd and politicized,’ arguing that it doesn’t go far enough in banning all types of space weapons. Moscow and China co-proposed an amendment ‘to prevent for all time the placement of weapons in outer space, and the threat of use of force in outer spaces.’ Seven council members voted against that measure, including Washington.
In response, U.S. National Security Advisor Jake Sullivan on Wednesday reiterated previous claims that Russia “is developing a new satellite carrying a nuclear device.” Russian President Vladimir Putin has said the Kremlin is ‘categorically against’ the use of such weapons in space.
State-backed executions. Human Rights Watch published a report on Thursday accusing Burkinabe forces of killing at least 223 civilians in February. The massacres took place in two northern villages during a state-backed counterinsurgency campaign against people who allegedly collaborated with Islamists who attacked a military camp near the provincial capital, Ouahigouya. At least 56 children were among the dead.
More than 20,000 people have been killed in Burkina Faso since jihadi violence emerged there around nine years ago, with many Islamist fighters linked to al Qaeda or the Islamic State. Capt. Ibrahim Traoré, who seized power in a military coup in September 2022, promised to combat militant violence, but the army itself has been responsible for numerous atrocities. Last November, state forces killed at least 70 people, including infants, for allegedly cooperating with militants.” [Foreign Policy]
“Namibian authorities have blacklisted three foreign tourists from entering the country’s national parks after they posed naked at Big Daddy dune, one of Namibia’s top attractions. ‘It is very sickening, and it really [creates] a bad image for Namibia,’ Kenneth Nependa, the vice chair of the Federation of Namibian Tourism Associations, told the Namibian Sun. Public indecency is punishable under Namibian law; however, some people argued that there’s nothing wrong with a little sunbathing.” [Foreign Policy]
TikTok ban
“TikTok's Chinese parent company ByteDance said Thursday that it has no plans to sell the social media platform, its first official response on the fraught issue since President Joe Biden signed a bill that could lead to a nationwide ban of the popular app. ‘ByteDance doesn't have any plan to sell TikTok,’ the Beijing-based company said in a statement. Lawmakers have warned that TikTok is a national security threat, and the legislation signed by Biden this week forces the company to find a new owner within months or be banned from the US entirely. Complicating matters, there is no consensus on a favorite bidder even if the company were to consider a sale. Experts say the prospect of a TikTok sale could lead to a feeding frenzy, drawing out everyone from tech companies to retailers and private equity firms.” [CNN]
Starliner
“Boeing's Starliner spacecraft is preparing for a historic astronaut launch after years of delays and setbacks. The long-awaited mission is on track to carry two NASA astronauts — Suni Williams and Butch Wilmore — to the International Space Station. If successful, the Starliner will join SpaceX's Crew Dragon spacecraft in making routine trips to the space station, keeping the orbiting outpost fully staffed with astronauts from NASA and its partner space agencies. The mission is scheduled to take off from Florida as soon as May 6, but a NASA administrator emphasized the launch will take place "when we're ready." Notably, Boeing's space division operates separately from its embattled commercial airline team, and officials at NASA and the US aerospace giant have routinely sought to make that distinction.” [CNN]
Every team's pick in 2024 NFL draft first round
“The first round of the 2024 NFL draft featured plenty of surprises, including a record six quarterbacks flying off the board in the first 12 picks and an all-time high of 23 offensive players being claimed. To the surprise of absolutely no one, former USC QB Caleb Williams officially arrived with the No. 1 overall pick. The aftermath leaves plenty of intrigue and controversy ahead of the draft’s next two days … along with runaway optimism and, perhaps, relief in other quarters. The event is only partly complete, but it feels like most of its major lead-in questions were answered.” Read more at USA Today
USC quarterback Caleb Williams poses with NFL Commissioner Roger Goodell after being selected by the Chicago Bears as the No. 1 pick.
Kirby Lee, USA TODAY Sports