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Defend Our Country Digest

Defend Our Country Digest — January 23, 2024

By January 23, 2024No Comments

Driving the Day

Must Read Stories

Trump claims that former presidents must have total immunity from prosecution, but legal experts say his argument is flawed

  • New York Times: Trump Claims Immunity Extends Even to Acts That ‘Cross the Line’: “Former President Donald J. Trump said on Friday night that American presidents deserve complete immunity from prosecution even for acts that “cross the line,” contending for the second time this week that the holder of the nation’s highest office should effectively remain beyond the reach of criminal law. Mr. Trump’s remarks on his social media platform, Truth Social, were the latest signal that he seems to view the presidency as an office unbounded by the normal checks of the criminal justice system. The statements were made as Mr. Trump was seeking to build on his dominant position in the race for the Republican nomination with a decisive win in the New Hampshire primary next week.”

  • NBC News: Trump, awaiting a ruling, says presidents must have ‘complete and total’ immunity: “As former President Donald Trump awaits a ruling from a federal appeals court on his broad claim of presidential immunity, he said early Thursday that a U.S. president ‘must have complete and total presidential immunity.’ ‘A president of the United States must have full immunity, without which it would be impossible for him/her to properly function,’ Trump said in a lengthy post on Truth Social in all caps. ‘Any mistake, even if well intended, would be met with almost certain indictment by the opposing party at term-end. Even events that ‘cross the line’ must fall under total immunity, or it will be years of trauma trying to determine good from bad.’”
  • Newsweek: Donald Trump’s Immunity Claim Has ‘Fatal Flaw’: Former US Attorney: “Former President Donald Trump’s argument that presidents should be provided immunity has one fatal flaw, a legal analyst said. Department of Justice (DOJ) Special Counsel Jack Smith last year charged Trump with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights in connection to the investigation. The charges were over the riot at the U.S. Capitol on January 6, 2021, and the alleged plot to submit false slates of pro-Trump electors to the Electoral College. Trump maintains his innocence and has pleaded not guilty to all charges, accusing prosecutors of targeting him for political purposes.”

E. Jean Carroll’s defamation suit against Trump delayed as Trump’s recent courtroom antics sound alarms among legal experts

  • New York Times: Trump Defamation Trial Is Delayed: “The trial of E. Jean Carroll’s defamation suit against Donald J. Trump was suspended Monday because of illness among jurors — and one of his lawyers’ parents. One juror was on his way to court when he began to feel flulike symptoms and called the courthouse to report he was feeling ill, Judge Lewis A. Kaplan told lawyers for Mr. Trump and Ms. Carroll. Mr. Trump’s lawyer, Alina Habba, who was exposed to Covid during a visit to her parents, said she had tested negative but was still feeling symptoms. She asked Judge Lewis A. Kaplan to postpone court for the day. ‘I’d like to have the full panel,’ Ms. Habba told Judge Kaplan.”

  • Washington Post: In Judge Kaplan’s court, Trump plays with fire: “In the high-stakes world of presidential trials, there are no judges like Lewis A. Kaplan. At 79, after decades on the bench, the senior judge is one of the most well-regarded legal minds in New York. And he has a unique history that makes Donald Trump’s courtroom behavior over the past week potentially dangerous for the former president of the United States. Trump is on trial in a civil case as writer E. Jean Carroll seeks damages from Trump, who has been found liable for defaming her when he made disparaging remarks denying he sexually assaulted her decades ago in a department store.”

  • The Hill: Trump expected back at Carroll trial as anticipation grows over potential testimony: “Former President Trump is expected back in court for advice columnist E. Jean Carroll’s defamation trial against him Monday as anticipation grows as to whether he will take the stand. Trump has demonstrated a renewed interest in attending his court dates as the presidential primary season heats up, turning his courtroom appearances into campaign stops and portraying himself as a victim in his various civil and criminal cases. But it remains to be seen whether the former president, who has vowed to testify at previous trials before opting against it at the last minute, will follow through this time. If he takes the stand, Trump would be limited in what he can tell jurors.”

In The States

LOUISIANA: State Legislature approves new congressional map with second majority-Black district, meeting court-mandated deadline

  • New York Times: Louisiana Lawmakers Approve Map That Empowers More Black Voters: “Louisiana lawmakers on Friday approved a new congressional map that would create a second district with a majority of Black voters after a federal court found that the existing map appeared to illegally undercut the power of Black voters in the state. Given that Black voters often back Democratic candidates in the state, the new map also increases the possibility of Democrats taking control of a second congressional seat in Louisiana. ‘It’s a powerful moment for Black voters in this state and it’s a powerful moment for history,’ said Ashley K. Shelton, president of the Power Coalition for Equity and Justice and one of the plaintiffs who had challenged the map. Lawmakers in Baton Rouge also agreed to tighten the state’s raucous ‘jungle primary’ system for federal elections and State Supreme Court races beginning in 2026, though they stopped far short of the statewide overhaul sought by Gov. Jeff Landry, the newly inaugurated Republican governor.”

  • Associated Press: Louisiana lawmakers pass a new congressional map with the second majority-Black district: “The Louisiana Legislature passed a congressional map with a second majority-Black district on Friday, marking a win for Democrats and civil rights groups after a legal battle and political tug-of-war that spanned nearly two years. Democrats have long fought for a second majority-minority district among Louisiana’s six congressional districts — arguing that the political boundaries passed by the GOP-dominated legislature in 2022 discriminate against Black voters, who make up one-third of Louisiana’s population. The change could deliver an additional seat in Congress to the Democratic Party.”

NORTH CAROLINA: Federal judge rules that some of the new changes in the GOP-backed state election laws are unconstitutional and cannot be used

  • WRAL: Part of new NC election law ruled likely unconstitutional, in loss for Republicans: “Some of the new changes to elections laws that Republican state lawmakers passed into law late last year are likely unconstitutional and should be blocked from going into effect, at least until problems with the system are fixed, a federal judge ruled over the weekend. Sunday’s ruling means those rules likely won’t be used in this year’s elections when North Carolinians will be voting for president, governor and most other key political positions, although GOP leaders can still appeal the ruling. The changes to the law, which have now been blocked, would’ve affected people who use same-day registration during early voting — a process that lets people register to vote, or update their address, then immediately cast a ballot.”

ARKANSAS: State Supreme Court agrees to expedite case filed by group seeking to require paper ballots and limit absentee voting

  • Arkansas Advocate: Arkansas Supreme Court will hear supporters’ case for paper ballots amendments: “Arkansas’ highest court agreed Wednesday to fast-track a hearing in a lawsuit from a group advocating for the removal of voting machines from Arkansas elections. The nonprofit Arkansas Voter Integrity Initiative sued Secretary of State John Thurston and the state Board of Election Commissioners earlier this month, asking the state Supreme Court to certify two proposed constitutional amendments: one that would require all Arkansas elections to be conducted with hand-marked, hand-counted paper ballots and one that would limit absentee voting to people who can prove their inability to vote in person.”

  • Arkansas Democrat-Gazette: Arkansas Supreme Court OKs speeding up hearing for proposals to require paper ballots, restrict absentee ballots: “The Arkansas Supreme Court has authorized expedited consideration of a complaint, filed by retired U.S. Army colonel Conrad Reynolds of Conway and the nonprofit Arkansas Voter Integrity Initiative that he leads, asking the state’s high court to certify the sufficiency of proposed ballot language for two proposed constitutional amendments.”

What Experts Are Saying

Norm Eisen, Joyce Vance, and Richard Painter for Just Security: “The key point is that regardless of whether the factual circumstances involving Willis and Wade give rise to separate ethical concerns with respect to his hiring, such questions do not affect the propriety of the prosecution against Roman and his co-defendants. Questions about gifts and related matters go to Willis’s and Wade’s obligations to the Fulton County District Attorney’s office and have no connection to assuring the defendants a fair trial. These allegations are as irrelevant to the trial as allegations in other situations that prosecutors took office supplies for personal use, drove county vehicles for personal errands, or plagiarized portions of their student law review notes. All of those are legitimate issues—for prosecutors’ offices and those with oversight responsibilities to address—but such allegations do not bring criminal prosecutions to a stop or require that cases be transferred to a different office. Defense attorneys cannot use allegations of prosecutorial ethics violations, real or imaginary, that have nothing to do with a trial to delay or force prosecutors off of a case.”

Marc Elias for Democracy Docket: “Once again, pro-voting groups dominated in every category of court wins. In a year that saw 146 separate court orders across 34 states, pro-democracy forces won more than twice as many times as they lost. This includes winning nearly twice as many final orders and 70% of the interim orders in cases that are still pending. Pro-voting victories spanned state and federal courts at all levels…For the third year in a row, the Republican Party increased its share of the anti-voting docket. In 2023, Republicans were behind 68% of all anti-voting lawsuits, up from 52% in 2022 and 25% in 2021. On the other side, it was nonpartisan groups that litigated the vast majority — 92% — of the pro-voting cases in 2023.”

Andrew Weissmann, regarding the E. Jean Carroll trial, on X (Twitter): “Kaplan may do what he did in the Sam Bankman Fried fraud trial and have Trump first testify OUTSIDE the presence of the jury if Trump actually seeks to testify. Carroll trial: Kaplan may do what he did in the Sam Bankman Fried fraud trial and have Trump first testify OUTSIDE the presence of the jury if Trump actually seeks to testify. That way, Judge Kaplan can decide if Trump will testify to anything permissible, ie that is relevant to the damages issue that is the sole issue in this trial. However, That permits Trump to testify and get his message out to his base AND to blame the court for not allowing him to present this evidence to the jury, He plays the victim even though a jury already found he sexually assaulted the actual victim, E Jean Carroll.”

Headlines

Extremism

UPI: Joe Fisher: Violent threats, rhetoric becoming commonplace, researchers warn

ABC News: Sasha Pezenik, Aaron Katersky, and Josh Margolin: Authorities map out potential threats ahead of New Hampshire primary

Trump investigations and cases

CNN: Jeremy Herb, Lauren del Valle and Kara Scannell: What E. Jean Carroll must show to prevail in the defamation trial against Trump

New York Times: Benjamin Weiser and Jonah E. Bromwich: As Trump Treats Trials Like Rallies, Judges Study How to Rein Him In

January 6 and the 2020 Elections

Washington Post: Meena Venkataramanan: Why Jan. 6 insurrectionists sent a letter to the Folger Shakespeare Library

Opinion

New York Times: Lawrence Lessig and Matthew A. Seligman: Here Is One Way to Steal the Presidential Election

The Hill: Becket Adams: Media election suppression? Early election-call Hypocrisy in Iowa threatens democracy

Washington Post: Jason Willick: Why the Supreme Court ought to punt on Trump’s eligibility

MSNBC: Zeeshan Aleem: Donald Trump’s ‘total immunity’ rant is an argument for a police state

In the States

PBS Wisconsin: Hannah Ritvo: Ballot drop box disinformation and the fight over voting in Wisconsin

Colorado Newsline: Chase Woodruff: Sweeping overhaul of Colorado elections gets the initial nod for the ballot from state Title Board