Defend Our Country Weekly:
What to Know for the Weekend
This week, a new case against former President Donald Trump has begun: a jury of Americans is deciding how much money Trump owes E. Jean Carroll for defamation. Trump has attended this trial voluntarily but has already been admonished by the presiding judge for disrupting the courtroom.
The classified documents case, meanwhile, enters a new phase. This crucial case, in which prosecutors assert that Trump repeatedly and knowingly mishandled classified documents, is in danger of delays as a result of the tactics of Trump’s lawyers. These lawyers have also submitted materials indicating that they intend to accuse the intelligence community of improper bias against the former president.
Finally, there have been positive redistricting developments in Louisiana and Wisconsin. Both states are on track to begin using maps that promise more fairness in representation.
Here’s what you need to know for the weekend:
Main Points for the Weekend:
1. E. Jean Carroll Faces Trump in Court Again Over Defamation Claims; Judge Kaplan Warns Trump Amid Heated Trial
In 2019, Elle columnist E. Jean Carroll publicly accused Trump of raping her in the 1990s. Trump strenuously denied the claim. Last year, Carroll won a sexual abuse and defamation case against him. The jury ordered Trump to pay her $5 million.
Now she’s taking him to court again following comments that Trump made about Carroll while he was in office. Trump asserted that Carroll was lying about the rape and suggested she was motivated by money. Trump was already found liable for defamatory remarks last year for denying her rape accusation.
Carroll testified before the jury on Wednesday and Thursday. “I am here because Donald Trump assaulted me, and when I wrote about it he lied and he shattered my reputation,” she said. Trump voluntarily attended.
Judge Lewis Kaplan is an experienced federal judge. He will determine how much Trump should pay Carroll for defaming her. There have already been fireworks. Judge Kaplan snapped at Trump’s lawyer on Wednesday after she again asked for a delay in the trial. His lawyer had claimed the former president needed to attend his mother-in-law’s funeral. Kaplan also threatened Trump himself with expulsion that day. Trump repeatedly ignored a warning to keep quiet during Carroll’s testimony.
- Top point to make: Everyone, including high-profile public figures, needs to be held accountable for their actions. The ongoing defamation trial against Donald Trump is a significant step in promoting this. Like all of the Trump cases, this will be an extremely public trial, so full fairness and transparency will be essential for maintaining the public trust. So far, Judge Kaplan has done an exemplary job in ensuring that Trump and his lawyers are held to the same standards as anyone else in his courtroom. Carroll’s courage in testifying and pursuing legal action, meanwhile, remains an inspiration.
- If you read one thing: AP, 1/17/24: Judge threatens to boot Donald Trump from the courtroom over loud talking as E. Jean Carroll testifies: “Donald Trump was threatened with expulsion from his Manhattan civil trial Wednesday after he repeatedly ignored a warning to keep quiet while writer E. Jean Carroll testified that he shattered her reputation after she accused him of sexual abuse. Judge Lewis A. Kaplan told the former president that his right to be present at the trial would be revoked if he remained disruptive. After an initial warning, Carroll’s lawyer said Trump could still be heard making remarks to his lawyers, including ‘it is a witch hunt’ and ‘it really is a con job.’”
2. Trump’s Legal Team Unveils New Strategy in Classified Documents Case, Alleging Bias; Judge Cannon Faces Criticism for Leniency
On Friday, lawyers for Trump issued a new filing in the case concerning Trump’s mishandling of classified documents. In this filing, they explained to Judge Aileen Cannon, who is overseeing the case, the details of their new strategy. They intend to ask the government for new information, including assessments of any damage to national security. The lawyers also told Cannon that they plan to ask prosecutors for information about how the documents at issue were related to national defense. They specifically will ask for “tracking information” concerning the classified records. They intend to call several FBI employees as expert witnesses. The filing lists five witnesses described as experts in digital forensics or cellular analytics.
More clarity arrived on Tuesday when Trump’s lawyers indicated they intend to accuse the intelligence community of bias against Trump. They will argue that prosecutors carried out a “politically motivated” investigation into his handling of classified documents, with the intent to damage his 2024 campaign.
Meanwhile, Judge Cannon has been accused of being too easy on the former president. Critics say she has failed to enforce a routine deadline and has rejected Special Counsel Jack Smith’s request to force Trump to reveal if he plans to claim that he was merely relying on the advice of his lawyers during the trial. Trump appointed Cannon in 2020. The Senate confirmed her appointment mere days after he lost the 2020 election.
- Top point to make: This trial is about the security of our nation’s classified documents. If Trump was careless or negligent in his handling of classified documents, the American people must know. The claim that investigating this matter is politically motivated is an absurd distraction. While the attempts by Trump’s legal team to challenge the investigation’s legitimacy is a part of the legal process, their attempts to delay and complicate the proceedings are not serving the interests of the people. In addition, we are concerned about the impartiality of the judiciary. Judge Cannon needs to uphold the law objectively.
- If you read one thing: The Hill, 1/17/24: Trump Mar-a-Lago evidence request highlights defense strategy targeting Biden admin, Intel community: “Former President Trump gave a preview of his defense strategy in his Mar-a-Lago documents case Tuesday, making a sweeping request for discovery that accuses the Biden administration of ‘collusion’ in the case and seeks to show ‘bias’ from the intelligence community. Trump is accused of violating the Espionage Act by refusing to return more than 300 records with classified markings, even shuffling them around his Florida estate to conceal them from both his attorney and prosecutors.”
3. Redistricting Update: New Wisconsin State Maps Suggest Fairer Future Elections; Louisiana Proposes Second Majority-Black District
Seven sets of new state Senate and Assembly maps were submitted for Wisconsin on Friday, the deadline given by the Wisconsin Supreme Court to propose new maps. It ruled three weeks ago that the current ones, drawn by Republican lawmakers, were unconstitutional because they underrepresented minority voters. This has led to an overrepresentation of Republican lawmakers compared to voters. Wisconsin’s new district maps have now been thoroughly analyzed by an independent source, which concludes that most of the newly ordered maps for the state legislature would ensure Republicans remain in majority control, but their dominance would be reduced.
In Louisiana, a proposed new congressional map received substantial bipartisan support. The map proposes a second majority-Black district. It advanced through a legislative committee Tuesday. Under the proposal, the district currently held by Republican U.S. Rep. Garret Graves would become a majority-Black district.
- Top point to make: The redrawing of Wisconsin’s political boundaries is a step towards addressing partisan gerrymandering. These maps will lead to more equitable representation and more fair elections. The Wisconsin Supreme Court helped ensure that the redistricting process adheres to constitutional guidelines, which is always a welcome development. The creation of a second majority-Black Louisiana Supreme Court district is similarly positive. Systemic biases must be combated if we are to defend democratic values. The bipartisan support for these maps is encouraging and is a reminder that all Americans are in this fight together.
- If you read one thing: ABC, 1/17/24: Which states could get new congressional maps in 2024?: “After the 2020 census, each state redrew its congressional district lines (if it had more than one seat) and its state legislative districts. 538 closely tracked how redistricting played out across the country ahead of the 2022 midterm elections. So everything is done and dusted, right? Not so fast, my friend. More than a half-dozen states face the prospect of having to go through the redistricting process again, mostly due to federal and/or state litigation over racial or partisan gerrymandering concerns. Both Democrats and Republicans have the opportunity to flip seats in districts drawn more favorably than they were last cycle. For example, Democrats appear poised to pick up at least one seat in Alabama and could theoretically get more favorable maps in Louisiana and Georgia. Republicans, meanwhile, could benefit from more favorable 2024 maps in North Carolina and New Mexico.”
Expert Voices
Andrew Weissmann, regarding the E, Jean Carroll case, on X (Twitter): “Trump’s repeated claims of being a multi-billionaire will make any claim of poverty to the E Jean Carroll jury weighing damages against him a very tough hill to climb, and make a large jury award against him that much more likely and well-founded legally and factually.”
Joyce Vance, regarding Trump’s Mar-a-Lago case, on X (Twitter): “In the Mar-a-Lago case, Judge Cannon has just refused to enforce a routine deadline & it’s entirely clear she has no intention of letting this case go to trial before the election or possibly ever.”
George Conway, regarding the outcome of the NY civil case against Trump, on X (Twitter): “Trump isn’t capable of handling a decision ‘tree,’ because, as a sociopath, he is capable of little more than impulsive behavior. But he definitely should consider that Judge Lewis Kaplan is about 500,000 times smarter than he is.”
Mike Podhorzer on Substack: “In the 23 years after Bush v. Gore, the Republican Party and the Federalist Society Supreme Court majority have been hacking off the limbs of our democracy one by one by using undemocratic means to rewrite the law – whether through gerrymandered majorities, abuse of the filibuster, or nakedly agenda-driven maneuvers by SCOTUS that have no realistic chance of being overturned because of Senate Republican filibusters. And we dismiss it as ‘but a scratch’ every time we treat these actions as a legitimate (if unfortunate) consequence of the rule of law or the democratic process.”
Bruce Springsteen on Facebook: “There’s the beautiful quote by Dr. King that says the arc of the moral universe is long, but it bends toward justice…I’ve lived long enough to see that in action and to put some faith in it…I’ve also lived long enough to know that arc doesn’t bend on its own. It needs all of us leaning on it, nudging it in the right direction day after day.”
