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      in US Politics

      Was Donald Trump, as president, a king? The US supreme court thinks so | Moira Donegan

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      Is the president a king? The US supreme court thinks so. On Monday, in its very last ruling of the term, the chief justice, John Roberts, writing for the court’s six conservatives, held in Trump v United States that Donald Trump has “absolute immunity” from criminal prosecution for all acts that can be interpreted as part of the official course of his “core” duties, and “presumptive” immunity for all other official acts.The move dramatically extends executive authority, insulates past and future presidents from prosecution for illegal or even treasonous actions they carry out while in office and renders the former president largely criminally immune for his role in the January 6 insurrection.The court said that Trump cannot be charged for some of his “official” actions in the lead-up to the insurrection, including his attempts to pressure Mike Pence and his efforts to weaponize the justice department to force some states to reverse their election results. Much of Jack Smith’s criminal case against Trump has thereby been voided.What remains of the January 6 prosecution will now be remanded to a lower court, which will be tasked with determining what charges, if any, can proceed against Trump under the court’s new, unprecedented vision of executive immunity. That trial, if it ever happens, will not take place until long after this November’s elections, and will now likely not be able to address most of Trump’s efforts to assist in either the judicial or violent coup attempts.Richard Nixon’s status as a criminal and crook was once summarized by recounting his ominous declaration: “Well, when the president does it, that means it’s not illegal.” The court has now taken that vulgar absurdity and made it law.It is difficult to overstate the blow this decision will have to the integrity of our democratic system of government, or the depth of its insult to the principles of the separation of powers and the rule of law. In a ruling issued on stark partisan lines, the court’s conservatives elevated the president to a position that no person can hold in a republic: one with a sweeping entitlement to commit criminal acts for the sake of his own vulgar self-interest, without any fear of criminal legal repercussions. Criminal law no longer applies to the president; so long as he occupies the office, he exists in a permanent state of The Purge-like immunity, the ordinary rules of social and civic life suspended for him, able to use the trappings of power to flatter his vanity, reward his friends and punish his enemies as it suits him.This is one of the most consequential and frightening supreme court decisions of our lives. On the verge of an election in which Trump may well be restored to presidential power, the court has officially declared that he cannot be held accountable for abuses of that power in a criminal court.In its holding, the court’s majority made a flimsy distinction between the immunity they are granting to presidents for “core powers” and “official” acts – terms whose precise meanings they don’t define – and the criminal liability that Trump and other presidents still have for “unofficial” acts. But these distinctions are likely to collapse if any prosecutor, be it Smith or someone else, actually attempts to use them. That’s because the scope of the presidential office and its powers are so broad that its “core” powers are difficult to tell from its extraneous ones, and “official” and “unofficial” acts by the president are likely to prove ambiguous.The court also declares, needlessly, that conduct undertaken in the pursuit of “official” powers cannot be used in prosecutions of “unofficial” acts – another protection for presidential conduct that will hamstringing future prosecutions. The president, meanwhile, also retains the pardon power – meaning that he is entitled not only to commit crimes, but to secure impunity for his accomplices.In practice, Trump – and any subsequent president, should we ever get to have one – is now unaccountable to either legislative checks or criminal law. It is a development that has radically changed the nature of the office. The president is now less like a democratically accountable official than like a little emperor, endowed by the court with an all-encompassing right to wield power as he sees fit, much like the way that divine right used to bless the actions of kings. There is virtually nothing that he is not allowed to do.Preposterously, as if to mock the American public and their historical aspirations to freedom, the court claims that this new state of affairs was mandated by the framers – the very people who broke with their country and fought a war specifically so as to free themselves from this kind of unaccountable executive power.In her dissent, the justice Sonia Sotomayor listed some of the things that the president can now do without consequence, according to the majority. “Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune,” she writes. “Organizes a military coup to hold onto power? Immune. Take a bribe in exchange for a pardon? Immune. Immune, immune, immune … The relationship between the president and the people he serves has shifted irrevocably. In every use of official power, the president is now a kind above the law.”Sotomayor’s dissent is among the most alarmed and mournful pieces of legal writing I have ever read. She concludes it: “With fear for our democracy, I dissent.”There will be people who try to tell you that this ruling is not so bad. They will decry the “bed-wetting caucus”, or smugly declare themselves above “hysteria”. They will point to the majority’s evident concessions, to the president’s supposed liability for “unofficial” conduct – as if these false and pretextual possibility of accountability is anything like the real thing. It isn’t; don’t believe them. This decision is a seismic revision of the constitutional order, issued by a court packed with extremist Republicans who are anticipating a Trump victory in November.They know, as well as we do, that Trump aspires to usher in an era of corruption and autocracy. Today’s decision is an invitation for him to do just that.
      Moira Donegan is a Guardian US columnist More

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      in US Politics

      Immunity ruling likely to gut parts of criminal prosecution against Trump

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      The US supreme court’s decision on Monday to confer broad immunity to former presidents is likely to eviscerate numerous parts of the criminal prosecution against Donald Trump over his efforts to overturn the results of the 2020 election.The court remanded the case back to the presiding US district judge Tanya Chutkan to apply a three-part test to decide which actions were protected – but Chief Justice John Roberts pre-emptively made clear that some were definitively out.On some of the closer calls, Roberts also gave suggestions on behalf of the majority conservative opinion, which could bear on Chutkan when she eventually weighs each allegation line by line and decides whether it can be introduced in any future trial.Most crucially for the special counsel, Jack Smith, his prosecutors will not be able to introduce as evidence any acts deemed to be official and struck from the case, even as contextual information for jurors to show Trump’s intent.Trump is accused of overseeing a sprawling effort to subvert the results of the 2020 presidential election, including two counts of conspiring to obstruct the certification of the election results, conspiring to defraud the government, and conspiring to disenfranchise voters.The alleged illegal conduct came in five categories: Trump pressuring US justice department officials to open sham investigations into election fraud, Trump pressing his vice-president to return him to the White House, Trump trying to obstruct Congress from certifying the election, Trump giving a speech that led rioters to storm the US Capitol building, and Trump’s plot to recruit fake electors .Roberts undercut at least three of the five alleged categories in the opinion.Trump’s interactions with justice department officials, including his threats to fire the then attorney general Jeffrey Rosen and the then acting deputy attorney general Richard Donoghue, were absolutely immune because overseeing the department was a core function, Roberts found.As for Trump’s interactions with Pence, including pressuring him to reject electoral votes for Joe Biden in Congress on January 6, were presumptively immune because presidential discussions about vice-presidential responsibility were part of the job.The remaining allegations, about Trump’s other attempts to obstruct Congress’s certification, Trump’s speech that led rioters to storm the US Capitol building, and his efforts to organize fake slates of electors in part by spreading false claims, were left up to Chutkan.View image in fullscreenBut even then, Roberts weighed in on a key conspiracy charge against Trump: obstruction of an official proceeding before Congress.In the first footnote in the majority opinion, Roberts instructed Chutkan to apply the supreme court’s determination in a previous, related ruling about the applicability of the obstruction statute when prosecuting January 6-related crimes.skip past newsletter promotionafter newsletter promotionThe ruling in Fischer v United States, handed down last week, held that the obstruction statute could only be used to prosecute crimes that impaired the integrity or the availability of documents.The footnote appeared to be a clear warning to Chutkan that she could not use Trump calling up Republican members of Congress on January 6 and pressuring them to continue delaying the certification of the election results after the Capitol riot temporarily halted proceedings.After all is said and done, prosecutors may be left with only Trump’s plot to recruit fake electors – which is in many ways a circumstantial case about the extent of his personal knowledge – Trump’s speech on January 6, and some private conversations.The biggest blow to prosecutors may be the inability to present any of the official acts at trial, but the reasoning for it was not revolutionary.In many ways, the new rule set by the supreme court that precluded evidence cannot be brought at trial, mirrored how federal courts apply other privilege protections, such as the so-called speech and debate clause that makes acts by members of Congress done in an official capacity immune from prosecution.Under the speech and debate clause, protected communications do not come into contextual evidence because they are litigated out during the criminal investigation stage on a line-by-line basis. They are never even presented to a grand jury when it considers indicting a defendant. More

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      in Elections

      US supreme court weakens statute cited by January 6 prosecutors

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      Conservative bloc
      Alito – Majority
      Barrett – Minority
      Gorsuch – Majority
      Kavanaugh – Majority
      Roberts – Majority
      Thomas – Majority
      Liberal bloc
      Jackson – Majority
      Kagan – Minority
      Sotomayor – Minority
      The US supreme court has narrowed the statute that prosecutors have relied in the cases over hundreds of rioters who took part in the January 6 Capitol attack for obstruction of an official proceeding – in a ruling with profound implications for hundreds of other participants on that day in 2021.The 6-3 ruling in the case of Fischer v United States could also affect the federal criminal case against Donald Trump, who is charged with similar offences in special counsel Jack Smith’s investigation into the assault. Justice Ketanji Brown Jackson joined the conservative justices in the case, with Chief Justice John Roberts writing the majority opinion. Conservative Justice Amy Coney Barrett wrote a dissenting opinion joined by Sonia Sotomayor and Elena Kagan.More details soon… More

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      Biden and Trump arrive in Atlanta to face off in first 2024 election debate – live

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      A private plane carrying Donald Trump has touched down in Atlanta ahead of tonight’s debate.The former president’s plane was greeted by a group of his supporters on the tarmac.It could be the moment when a rematch that few seem to want finally comes to life: like two ageing prizefighters, Joe Biden and Donald Trump will enter the arena of political bloodsport on Thursday evening to resume a verbal sparring bout that will revive memories of the ugly exchanges when the two debated face to face four years ago.A CNN studio in Atlanta will host the first presidential debate of the campaign between the same two candidates who contested the last election, which Biden won.With more than four months to go until polling day in November, it is the earliest in any US presidential campaign that a debate between the two main candidates has ever been staged.While some see the timing as premature, it could provide a chance to open up a contest that has become overshadowed by, among other things, Trump’s recent felony conviction, as well as assorted other legal travails that see him facing 54 criminal charges for trying to overturn the last election and for retaining classified documents.Both candidates are deeply unpopular: Trump because his opponents see him as an aspiring dictator who threatens democracy, Biden because, at 81 (although just three years older than his Republican opponent), he is viewed – even among many Democrats – as too old for another term as president.Knife-edge polls indicate a race essentially tied, with a national polling average for May and June showing the candidates at 46% each.Polls in seven key battleground states – Wisconsin, Michigan, Pennsylvania, Nevada, Arizona, Georgia and North Carolina – give Trump a narrow advantage, though usually within the margin of error.NBC News’ Sahil Kapur writes that the debate hall is right next to the Kappa Sigma fraternity house at Georgia Tech, which is currently hosting a party under a sign that reads “Make America DRUNK Again”.A private plane carrying Donald Trump has touched down in Atlanta ahead of tonight’s debate.The former president’s plane was greeted by a group of his supporters on the tarmac.It is not clear if Melania Trump, the former first lady, will join her husband at tonight’s debate.Melania Trump’s office did not return a request for comment about whether she would be in Atlanta during the presidential debate, according the New York Times.The former first lady has largely been absent from the campaign trail this year, and she notably did not attend Trump’s criminal hush money trial in New York.Donald Trump Jr, Trump’s eldest child, will not attend the debate due to a family commitment involving his oldest daughter, according to NBC News, citing a source.Trump’s second son, Eric Trump, is not expected to be in Atlanta for the debate, but Eric’s wife, Lara Trump, will attend in her official capacity as Republican National Committee (RNC) chair, NBC reports.Jill Biden, the first lady, will be in Atlanta for tonight’s debate, according to the Biden campaign.Jill Biden is expected to be the only Biden family member in attendance, according to the New York Times.She is expected to watch the debate from a separate hold room on the debate campus.After the debate, Biden and his wife are scheduled to stop by a nearby Democratic watch party, before flying to Raleigh overnight.Candidates traditionally bring along their family members for support during a debate. Less common: bringing a member of your opponent’s family for support.On Thursday night, Donald Trump’s niece, Mary Trump, will be in the post-debate spin room making the case for Joe Biden.Mary Trump, one of the former president’s harshest critics, has warned that her uncle is a threat to democracy and should not be re-elected.She did not hold back. In a statement, she said:
      I’m in Atlanta tonight to remind everyone who Donald is as a person and how he would rule as a president because the stakes are far too high for us to get this wrong: We cannot afford to allow Donald Trump anywhere near the levers of power again. Donald cannot be trusted and we must recognize that his last administration was simply a warm-up for much worse to come just as January 6th was a dress rehearsal for a man who will stop at nothing to ascend, once again, to this country’s highest office. He is desperate for power and has shown himself both unworthy of wielding it and obsessed with regaining it purely for his own benefit. He must be stopped.
      Joining Mary Trump in the spin-room – a chaotic room where campaign staff and surrogates try to persuade reporters that their candidate won the debate – will be:
      Keisha Lance-Bottoms, former Atlanta mayor and a senior advisor on the Biden-Harris campaign
      Texas congresswoman Jasmine Crockett
      California governor Gavin Newsom
      California congressman Robert Garcia
      Former Louisiana congressman Cedric Richmond
      Georgia senator Raphael Warnock
      Joe Biden and Donald Trump will debate on Thursday for the first time this election cycle and it holds the potential for some history-making moments.Debates can inform voters on both the issues and temperaments of the candidates, potentially swaying an undecided voter toward one candidate’s direction. They can also make for good TV, creating soundbites that resonate for decades to come.From the candidates’ physical appearances to gaffes to planned attacks to off-the-cuff retorts, here are some memorable moments from US presidential debate history.The White House Correspondents’ Association (WHCA) has released a statement complaining that CNN rejected its request to include a pool reporter inside the studio during tonight’s presidential debate.The WHCA “is deeply concerned that CNN has rejected our repeated requests to include the White House travel pool inside the studio”, a statement by WHCA president and NBC correspondent Kelly O’Donnell reads.The debate, which is being held on a closed set, will not feature an audience. Print pool photographers will be present for the entirety of the debate, while one print pool reporter will be permitted to enter during commercial breaks, according to CNN.The letter says:
      That is not sufficient in our view and diminishes a core principle of presidential coverage. The White House pool has a duty to document, report and witness the president’s events and his movements on behalf of the American people.
      Donald Trump is on his way to Atlanta, where he is scheduled to land in about an hour.Trump aide Margo Martin, in a post to X, shared a video of the former president boarding his plane.Joe Biden has arrived in Atlanta ahead of tonight’s presidential debate, where he was greeted by a crowd of supporters who chanted “four more years” and “let’s go Joe”, according to a pool report.While on Air Force One en route to Georgia, Karine Jean-Pierre, the White House’s press secretary was asked how the president feels about “standing toe to toe with his main adversary tonight”.According to the Washington Post, replied:
      He likes to fight. He likes to fight for the American people.
      US district judge Aileen Cannon, who is presiding over Donald Trump’s classified documents case, has granted a request from the former president’s defense team to hold a hearing to challenge some of the evidence gathered against him.Cannon said she would schedule a hearing to consider whether prosecutors had improperly obtained the cooperation of Trump’s lawyers through an exception to attorney-client privilege.From my colleague Hugo Lowell:But Judge Cannon also denied a defense request for a hearing on a separate claim that FBI officials had submitted false or misleading information to obtain a warrant to search Trump’s Mar-a-Lago estate for classified documents.The supreme court’s ruling earlier today to allow Idaho hospitals to provide emergency abortions – for now – has left key questions unanswered and could mean a final decision is delayed to beyond the November elections.A draft decision in the case was briefly posted on the court’s website yesterday and abruptly removed. The final version of the decision published today appeared to closely resemble the draft.Responding to the order, Joe Biden said the ruling ensures that Idaho women can get the care they need while the case continues to play out, adding:
      Doctors should be able to practice medicine. Patients should be able to get the care they need.
      The White House’s press secretary, Karine Jean-Pierre, said:
      No woman should be denied care or wait until she’s near death or forced to flee her home state just to receive the healthcare she needs.
      Merrick Garland, the attorney general, said the justice department will continue pressing its case and using “every available tool to ensure that women in every state have access to that care”. His statement reads:
      Today’s order means that, while we continue to litigate our case, women in Idaho will once again have access to the emergency care guaranteed to them under federal law.
      Donald Trump has appeared to share his talking points for tonight’s debate on his Truth Social platform.The post shows what appears to be a set of recommendations from Andrew Wheeler, Trump’s former Environmental Protection Agency chief.Wheeler, in the post, advises Trump to pledge to reduce carbon emissions and to point out that Joe Biden rejoined the Paris climate accord, and “all that does is send American dollars overseas”.Ammar Moussa, a Biden campaign spokesperson, shared Trump’s talking points on Twitter/X, writing:
      Donald Trump is just posting his debate talking points. Thanks I guess.
      Robert F Kennedy Jr’s angerand frustration at what he describes as his exclusion from the debate despite six qualifying polls and confirmed ballot access in five states – with Democratic legal challenges to his inclusion in five more, including one in New Jersey under the state’s “sore loser law” – comes as Democrats accuse him of being a political stooge for Republicans.Biden supporters worry Kennedy’s famous name and his history of environmental advocacy could sway voters from the left.His family members are largely against his candidacy, which they have made clear in public statements and by visiting the Biden White House en masse on St Patrick’s Day in March.But Republicans also have not welcomed his quixotic intervention in a tight race that could serve to siphon off vital votes from both candidates.Donald Trump has described him as “far more LIBERAL than anyone running as a Democrat, including West and Stein”, referring to third-party candidates Cornel West and Jill Stein.Robert F Kennedy Jr, the independent US presidential candidate polling at about 8%, won’t be at tonight’s Biden-Trump TV smackdown in Atlanta.But he’s not taking the diss quietly, and has accused debate host CNN of colluding with the major party campaigns to exclude him.In an email statement on Wednesday, the Kennedy campaign claimed that 71% of Americans want to see him on the debate stage, and in an act of counter-programming he plans an alternative “real” debate on Elon’s Musk’s Twitter/X platform at the same time.“The American people want leaders who trust them to make up their own minds,” Kennedy said.
      Instead, our last two presidents are restricting voters from choosing anyone other than themselves. Presidents Biden and Trump have sucked trillions of dollars from the pockets of working people and Americans deserve to hear from the one candidate who can hold them to account. More

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      Judge grants defense hearing on breached client privilege for Trump classified documents case

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      The federal judge presiding over the classified documents case of former president Donald Trump granted a defense request for a hearing on whether prosecutors improperly breached attorney-client privilege when they obtained crucial evidence from one of Trump’s ex-lawyers.But US district judge Aileen Cannon also denied a request for a hearing on a separate Trump team claim that the Justice Department had submitted false or misleading information in an application for a warrant to search the Republican ex-president’s Florida estate for classified records two years ago.The order amounts to a mixed result for both sides and ensures further delays in a criminal case that has already been snarled by significant postponements, resulting in the indefinite postponement of a trial that had been set to begin on 20 May in Fort Pierce, Florida.In a bid to suppress as evidence the classified documents seized by the FBI during the 8 August 2022 Mar-a-Lago search, defense lawyers have said the US justice department omitted or misrepresented certain facts in its application to a magistrate judge to obtain a warrant. They argued, for instance, that the application should have noted that a senior Federal Bureau of Investigation official proposed seeking the consent of Trump’s lawyers for a search rather than obtaining a court-authorized search warrant.But Cannon sided with special counsel Jack Smith’s team in finding that neither that nor any other of the alleged omissions raised by the defense had any bearing on whether or not prosecutors had sufficient probable cause to search the property.“Even accepting those statements by the high-level FBI official, the Motion offers an insufficient basis to believe that inclusion in the affidavit of that official’s perspective (or of the dissenting views of other FBI agents as referenced generally in his testimony) would have altered the evidentiary calculus in support of probable cause for the alleged offenses,” Cannon wrote.But her order was not a complete win for the government, as she said she would schedule a separate hearing to consider the question of whether prosecutors had improperly obtained the cooperation of Trump’s lawyers through an exception to attorney-client privilege.Defense lawyers are ordinarily shielded from being forced to testify about their confidential conversations with their client but can be compelled to do so if prosecutors can show that their legal services were used in furtherance of a crime – a doctrine known as the crime-fraud exception.Beryl Howell, then chief federal judge in the District of Columbia, agreed with Smith’s team that the exception applied and ordered grand jury testimony from two of Trump’s lawyers. She also directed one of his lawyers, M Evan Corcoran, to turn over audio recordings that documented his impressions of conversations he had had with Trump about returning the documents. Those conversations are repeatedly cited in the indictment and held up by prosecutors as incriminating evidence.“It is the obligation of this Court to make factual findings afresh on the crime-fraud issue,” Cannon wrote. “And a standard means by which to make such findings – as is customary in criminal suppression litigation – is following an evidentiary hearing at which both sides can present evidence (documentary and testimonial, as applicable).” More

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      The US supreme court just basically legalized bribery | Moira Donegan

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      Did you know you could give your local government officials tips when they do things you like? Brett Kavanaugh thinks you can. In fact, if you’re rich enough, says the US supreme court, you can now pay off state and local officials for government acts that fit your policy preferences or advance your interests. You can give them lavish gifts, send them on vacations, or simply cut them checks. You can do all of this so long as the cash, gifts or other “gratuities” are provided after the service, and not before it – and so long as a plausible deniability of the meaning and intent of these “gratuities” is maintained.That was the ruling authored by Kavanaugh in Snyder v United States, a 6-3 opinion issued on Wednesday, in which the supreme court dealt the latest blow to federal anti-corruption law. In the case, which was divided along ideological lines, the court held that “gratuities” – that is, post-facto gifts and payments – are not technically “bribes”, and therefore not illegal. Bribes are only issued before the desired official act, you see, and their meaning is explicit; a more vague, less vulgarly transactional culture of “gratitude” for official acts, expressed in gifts and payments of great value, is supposed to be something very different. The court has thereby continued its long effort to legalize official corruption, using the flimsiest of pretexts to rob federal anti-corruption statutes of all meaning.The case concerns James Snyder, who in 2013 was serving as the mayor of small-town Portage, Indiana. Late that year, the city of Portage awarded a contract to Great Lakes Peterbilt, a trucking company, and bought five tow trucks from them; a few weeks later, Snyder asked for and accepted a check for $13,000 from the company. Snyder was found guilty of corruption and sentenced to 21 months in federal prison. He argued that the kickback was not illegal because it came after he awarded a contract to the company that ultimately paid him off, not before.Absurdly the US supreme court agreed, classifying such payments as mere tokens of appreciation and claiming they are not illegal when they are not the product of an explicit agreement meant to influence official acts in exchange for money.In so doing, the court has narrowed the scope of anti-corruption law for state and local officials to apply to only those exchanges of money, goods and official favor in which an explicit quid pro quo arrangement can be proved. As in Cargill – the court’s recent decision legalizing bump stocks, wherein the court declared that the gun accessories do not render semiautomatic rifles into machine guns based on a lengthy technical explanation of the meaning of a “trigger function” – the court in Snyder has made an extended, belabored foray into a definitional distinction between “bribes” and “gratuities”.But the glaring reality remains that this is largely a distinction without a difference. As Ketanji Brown Jackson noted in her dissent, this is an interpretation which no reasonable reading of the statute can support. In a dissent whose tone seemed exasperated, almost sarcastic, she called the majority opinion “absurd and atextual”, saying it “elevates nonexistent federalism concerns over the plain texts of this statute and is a quintessential case of the tail wagging the dog”. The “bribery” versus “gratuity” distinction, she said, allows officials to accept rewards for official acts in ways that are “functionally indistinguishable from taking a bribe”.The court’s narrow vision of corruption – one in which only explicit, whispered deals in shadowy, smoke-filled back rooms count as “corruption”, and all other forms of influence and exchange are something other than the genuine article – also fundamentally misunderstands how influence-peddling works. In his controlling opinion, Kavanaugh emphasizes that in order to be an illegal bribe, a gift or payment must be accompanied by “a corrupt state of mind” on behalf of the official or benefactor. But corruption, influence-peddling, and unfair and undue methods of persuasion are more subtle and complicated than this in practice.For an example, we need look no further than the conservative justices of the supreme court itself, who have become notorious, in recent years, for accepting lavish gifts and chummy intimacy from rightwing billionaires. According to investigative reporting by ProPublica, Clarence Thomas has accepted vacations, real estate purchases, tuition for his young relatives, and seemingly innumerable private jet trips from the billionaire Harlan Crow, as well as financing for an RV from another wealthy patron, Anthony Welters. Thomas has argued that these gifts and favors are merely the “personal hospitality” of “close personal friends”.ProPublica also reports that Samuel Alito, who flies insurrectionist flags outside his Virginia mansion and New Jersey beach house, has accepted the hospitality of the Republican mega-donor Paul Singer; the billionaire took Alito along on his private jet to a fishing resort in Alaska, where the justice stayed, played and reportedly drank $1,000 wine on the billionaire’s dime. (Alito has disputed aspects of ProPublica’s characterization.)There is no reporting to indicate that the justices received this expansive and expensive generosity in direct compensation for their extremely conservative jurisprudence, even though the judges’ legal writings have furthered the billionaire’s material interests and social preferences. It seems reasonable, to me, to infer that the gifts, as frequent and valuable as they are, are not the product of explicit agreements to exchange things of value for specific official acts.If anything, I think that these relationships do not seem corrupt to the men who take part in them; that they see their relationships with billionaires, and their receipt of these billionaires’ largesse, as innocent and proper expressions of affection between friends and ideological fellow travelers. Clarence Thomas may be able to feel something, in the dark depths of his soul, that we might recognize as akin to love, and he may indeed feel that love for Harlan Crow.But this “love”, or whatever it is, does not mean that what is happening between these men is not corruption, and it does not mean that the law has nothing to say about it. Connections like these are cultivated with both the intention and the effect of rewarding and encouraging conservative outcomes; an explicit quid pro quo comes to seem vulgar and unnecessary in their midst, in which social reinforcement and personal loyalty do the work that a more explicit bribe would otherwise accomplish.Adding money – or, in the court’s parlance, “gratuities” – to these arrangements only makes this more obvious. It is not a coincidence that the court has chosen to legalize for state and local officials exactly the sort of corruption that they partake of so conspicuously themselves.
      Moira Donegan is a Guardian US columnist More

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      Supreme court says Idaho abortion ruling ‘inadvertently’ published online – as it happened

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      The supreme court has acknowledged to Bloomberg Law that the ruling in a case over whether hospitals in Idaho can be required to carry out abortions in emergencies was published by accident.The court’s public information officer Patricia McCabe told the outlet: “The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website. The Court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course.”Bloomberg Law goes on to report that the ruling is 6-3 in favor of the Biden administration, with conservative justices Clarence Thomas, Neil Gorsuch and Samuel Alito dissenting. However, the ruling is structured to allow litigation over the issue to continue, and not resolve the broader question of whether the federal government can require emergency abortions be performed in states where the procedure is banned:
      The high court decision “will prevent Idaho from enforcing its abortion ban when the termination of a pregnancy is needed to prevent serious harms to a woman’s health,” Justice Elena Kagan said in a concurring opinion.
      Justice Ketanji Brown Jackson wrote separately to say that she wouldn’t have dismissed the case, according to the copy that was briefly online.
      “Today’s decision is not a victory for pregnant patients in Idaho. It is delay,” she wrote. “While this court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position, as their doctors are kept in the dark about what the law requires.”
      The posted decision indicates the court won’t resolve broader questions about the intersection of state abortion bans and a federal law designed to ensure hospitals treat patients who arrive in need of emergency care.
      The case is the supreme court’s first look at a state abortion ban since the conservative majority overturned Roe v Wade in 2022. The court on 13 June preserved full access to the widely used abortion pill mifepristone, saying anti-abortion doctors and organizations lacked legal standing to press a lawsuit.
      The supreme court turned down an attempt by Republican-led states to block the Biden administration’s coordination with social media companies on fighting disinformation, one of only two decisions the conservative-dominated panel released today. They still have yet to rule on cases concerning Donald Trump’s prosecution for trying to overturn the 2020 election and the scope of federal government regulations, but will issue more opinions on Thursday and Friday. But perhaps an even bigger story than what the court actually decided is what it inadvertently decided. Bloomberg Law noticed that the court had accidentally posted its opinion in a closely watched case pitting Idaho against the Biden administration, and a 6-3 majority was going to require the Republican-led state to allow emergency abortions – at least for now.Here’s what else happened today:
      House Republicans convened a little-known congressional body to intervene on behalf of top Trump adviser Steve Bannon’s attempts to stay out of jail.
      The supreme court once again overturned the ultra-conservative fifth circuit court of appeals, in its ruling over social media disinformation. Here’s why that’s significant.
      Trump claims he can get detained US journalist Evan Gershkovich out of jail in Russia, if he wins the November election. The Wall Street Journal reporter’s trial began behind closed doors today.
      Encounters at the southern border dropped by 40% after Joe Biden imposed restrictions that will temporarily restrict access to asylum seekers, the homeland security department said.
      Progressives are not pleased after congressman Jamaal Bowman lost his Democratic primary yesterday, and are training their ire on the influence of the American Israel Public Affairs Committee (Aipac).
      A group of Black campaign surrogates for Donald Trump met at a barbershop in Atlanta’s Buckhead neighborhood Wednesday, ahead of the head-to-head between Trump and Joe Biden here tomorrow.Trump made a phone appearance to tout his accomplishments for the Black community while in office and his proposal to end taxation on tips.“Let the people earn what they earn,” Trump said, adding that he was aware he was talking to people in a barbershop who do tipped service work. “And it has been so popular beyond anything.”Both Trump and Biden are blitzing metro Atlanta with events leading up to the debate. Rocky’s Barber Shop, a Black-owned business in Atlanta’s more affluent neighborhood, hosted conservative Black leaders from metro Atlanta. Shelley Winter, a conservative talk show host here, asked Trump if he thought that CNN debate moderators Jake Tapper and Dana Bash would treat him fairly.“Well, I think it would be good for them if they did,” Trump replied. “I think probably not,” he added, expressing lingering ire about Tapper cutting off his televised victory speech after winning the primaries.
      So they cover the whole primary, but they don’t cover my victory speech. So am I going to get it fair? Probably not, but it would be very good for CNN. They’re having a lot of ratings problems.
      Two potential choices for vice president who did not need a haircut found themselves at the shop anyway Wednesday: congressman Byron Donalds (R-Fla.) and former housing and urban development secretary Dr. Ben Carson.“I just want to encourage you to continue to speak out because the attacks on you have been absolutely ridiculous,” Carson said. “We’re praying that God will give you the strength to bear it because you’re standing in there for all of us.”Donalds said we would see if he was Trump’s vice presidential pick. Does he want to be vice president? “Of course!” he replied.Trump said on Saturday that he had already made up his mind about who he would choose to be vice president, and that his choice would be present in Atlanta for the debate.The number of encounters at the south-west border was down 40% in the three weeks since Joe Biden announced new rules restricting asylum, the Department of Homeland Security announced on Wednesday.According to a DHS fact sheet, the average daily arrests over a seven-day period has fallen to under 2,400 encounters per day, the lowest level of encounters since January 2021. It is still not low enough to lift the order. Asylum processing resumes when encounters fall to an average of 1,500 encounters across a seven-day period.“It’s a remarkable feat that our personnel have accomplished in just such a short period of time,” DHS secretary Alejandro Mayorkas said in an interview on MSNBC’s Morning Joe Wednesday. “Congress failed to act. The president has acted.”But he said congressional action was needed to send more resources to border patrol and that without legislation the order could be lifted or reversed by the courts or a future administration.Last week, CBP said encounters fell by 25%, meaning illegal border crossings dropped significantly since then.Encounters were already on a downward trend before Biden’s asylum order, due in part to a crackdown on northward migration by Mexican officials. Seasonal patterns also affect crossings.Opponents have sued the administration to block the order.Cori Bush, the Democratic congresswoman of Missouri and another prominent member of the progressive “Squad”, has issued a statement calling Jamaal Bowman her “brother-in-service” and attacking Aipac’s role in his primary defeat last night.Bowman is the “true representation of transformational leadership and brings … the power of everyday people from our communities to Congress each and every day,” Bush wrote.
      AIPAC and their allies—backed by far-right Donald Trump megadonors—poured a tidal wave of cash into this primary race showing us just how desperate these billionaire extremists are in their attempts to buy our democracy, promote their own gain, and silence the voices of progress and justice. There should be no question about the need to get Big Money out of politics.
      A recent poll shows Bush at risk of losing in her own primary contest for Missouri’s 1st congressional district, one point behind challenger Wesley Bell. The pollster, The Mellman Group, said:
      Bush is still seen favorably, but assessments of her and her performance are moving in a negative direction, while Bell’s image is improving, leaving him with an underlying image advantage. With some six weeks to go and 11% [of voters surveyed] still undecided, this race can go either way, but Bell has achieved a slight advantage.
      Jamaal Bowman’s primary defeat on Tuesday was a “loss for young people and anyone who cares about our continued movement toward justice, peace, and building a multiracial democracy,” Protect Our Power said in a statement.The progressive group blamed “Aipac and the Maga billionaires who recruited and paid for George Latimer’s campaign from start to finish” for the defeat, and vowed “to tell Aipac they have no business creating division in our democracy”.In a separate letter of protest, Jewish Voice for Peace Action (JVP) said it was “saddened” by the results that had unseated a congressman who “has been one of the few members of Congress committed to defending Palestinian human rights”.“Today is a sad day for American democracy,” said JVP’s political director, Beth Miller. She added:
      To protect progressive candidates moving forward it is essential that Democrats reject Aipac.
      Progressive groups are calling on House Democratic leader Hakeem Jeffries to reject the endorsement and donations from the American Israel Public Affairs Committee (Aipac) in the wake of congressman Jamaal Bowman‘s primary loss in New York.The United Democracy Project, a super Pac affiliated with Aipac, dumped nearly $15m into Bowman’s district as part of its successful effort to elevate George Latimer to the Democratic nomination.A coalition of progressive groups, outraged over Aipac’s involvement in the race, sent a letter to Jeffries today demanding that he reconsider his association with the group and denounce its tactics.“AIPAC turned the NY16 race into the most expensive Democratic primary in history, waging anunacceptable assault on our democracy, our communities, and our shared future. We call on you to take action to address this threat,” the letter reads.
      AIPAC’s interference in Democratic politics poses a grave danger to the vision our organizations fight for every day: a future in which everyone can access a high quality education, comprehensive healthcare, a liveable climate, affordable housing, good jobs for good pay, humane immigration policies, human rights centered foreign policy — and more.
      Latimer defeated Bowman by 17 points yesterday, and he is now heavily favored to win the seat in November, as the Cook Political Report rates the district as solid Democrat.The abortion rights group Reproductive Freedom for All has said it agrees with Justice Kentanji Brown Jackson’s reported reservations in the copy of the opinion briefly posted on the supreme court’s website.“This is not a victory but a delay,” the group said in a statement responding to the court’s reported decision to permit abortions in medical emergencies in Idaho.
      The abortion bans that are putting people’s lives on the line in the first place will continue to remain on the books. We’re grateful that the Biden administration is fighting to preserve the shreds of access possible in states where anti-abortion extremists are doing everything in their power to block people from the care they need, even under the most dire of circumstances.
      The group said it will not forget that Donald Trump and the Maga Republicans are responsible for those bans, adding:
      Our rights are on the line, and we must send President Biden back to the White House to restore the federal right to abortion and end these bans once and for all.
      The copy of the opinion suggesting that the supreme court may rule to permit abortions in medical emergencies in Idaho may not be final and could be changed.According to the copy obtained by Bloomberg, a majority of justices will reportedly dismiss the case as “improvidently granted”, meaning the supreme court should not have accepted the case.The ruling would reinstate a lower court’s order that had allowed Idaho hospitals to perform abortions in cases where a woman’s health may be endangered, according to the outlet.Currently, the state’s law only allows abortions when a woman’s “life” is in danger. Idaho has sought to have abortion exempted from the Emergency Medical Treatment and Labor Act (Emtala), a precedent critics said would endanger pregnant people in any state that has abortion restrictions.Although many states allow doctors to perform an emergency abortion when a woman’s life or health is at risk, effectively mirroring Emtala, Idaho only allowed doctors to intervene when a woman was on the brink of death, a much higher bar for intervention. The Biden administration sued Idaho to enforce the law.The Emtala law, signed by abortion opponent Ronald Reagan, sought to protect pregnant women in active labor in particular. Until its passage, hospitals often transferred or “dumped” women who could not pay when they suffered an emergency on public hospitals, even when in advanced stages of labor.Emtala had endured a series of attacks, including by some hospital administrators who viewed it as an “unfunded mandate”. Although the federal government required hospitals to treat sick patients, it never provided money to care for indigent patients.Bernie Sanders has joined those blaming the American Israel Public Affairs Committee (Aipac) for congressman Jamaal Bowman’s primary loss in New York last night.Bowman, whose criticism of Israel’s war on Gaza made him a target for pro-Israel lobbying groups, was defeated by George Latimer, a pro-Israel centrist, after Aipac and an affiliated group spent almost $15m to defeat him.Sanders, in a statement today, said it was an “outrage and an insult to democracy that we maintain a corrupt campaign finance system which allows billionaire-funded super PACs to buy elections.” He added:
      AIPAC and other super PACs spent over $23 million to defeat Bowman. He spent $3 million. That is a spending gap which is virtually impossible to overcome.
      It is not a coincidence that with our corrupt campaign finance system we also have a rigged economy that allows the very rich to get much richer while many working people are falling further behind. Big Money buys politicians who will do their bidding, and the results are clear.
      The Congressional Pro-Choice Caucus has responded to the news that the supreme court may be poised to allow abortions in medical emergencies in Idaho.“We are all watching,” the caucus posted to X, adding:
      With lives hanging in the balance, we hope this indicates a step forward for patients’ access to emergency abortion care.
      Now, it is up to #SCOTUS to confirm that this is true and they will indeed protect that right and uphold federal law.
      Alexis McGill Johnson, the head of Planned Parenthood, the country’s largest abortion provider, writes that any decision that falls short of guaranteeing patients’ access to abortion care in emergencies would be “catastrophic”. More

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      Mar-a-Lago search warrant was properly granted, says Trump documents judge

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      The federal judge overseeing Donald Trump’s criminal case for retaining classified documents suggested she would deny his attempt to exclude the documents the FBI seized at the Mar-a-Lago club, saying at a hearing Tuesday that the warrant for the search was properly granted.The former president’s lawyers had contended the warrant was unconstitutionally vague and the FBI affidavit, used to convince the magistrate judge to find there was probable cause for a crime at the club, contained contextual omissions.But the US district judge Aileen Cannon suggested she considered the warrant was sufficiently specific about what items FBI agents could seize at Mar-a-Lago, and told Trump’s lawyers the omissions would have made no difference on whether there was probable cause.The attempt by Trump to suppress the Mar-a-Lago evidence came through a request for a Franks hearing, where a judge applies a four-part test to decide whether false or misleading statements in the affidavit meant the evidence obtained through that search needed to be suppressed.Even before Cannon, who has shown a proclivity for ruling in his favor on motions about evidence, Trump’s request was ambitious because the legal threshold to get a Franks hearing is onerous. Trump needed to make a “substantial preliminary showing” that the affidavit had parts that were recklessly false.The evidence Trump’s lawyers presented was limited to complaints that the FBI agent omitted the fact that some top FBI officials preferred a consensual search of Mar-a-Lago, the FBI tying the need for a warrant to the National Archives, and Trump did not need a security clearance as president.Cannon suggested she found those omissions unavailing. “Why would it have changed the magistrate judge’s determination of probable cause” if the omissions had actually been included, Cannon asked Emil Bove, who argued on behalf of Trump.Trump’s lawyers also complained that the warrant itself was too broad, arguing for instance that the warrant allowed FBI agents to seize any documents that fell under the Espionage Act and the Presidential Records Act, without defining the technical terms in the statutes.That meant the agents were making unilateral on-the-fly decisions about whether they could seize a particular document, Trump’s lawyers said, suggesting that the warrant should have outlined what “national defense information” meant under the Espionage Act.But Cannon appeared similarly unconvinced by that argument. “It just seems like you’re making policy arguments. It seems far afield from whether the affidavit reached the probable cause standard. I’m unclear what you think should have been included” in the warrant, Cannon told Bove.The hearing came after a morning session where Trump’s lawyers asked the judge, behind closed doors, to revoke prosecutors’ access to transcripts of voice memos made by Trump’s ex-lawyer Evan Corcoran, which constitute key evidence in the obstruction of justice part of the documents case.The Guardian first reported last week that Trump’s lawyers would ask the judge to exclude the memos, arguing they should not have been given to prosecutors on the crime-fraud exception, which allows prosecutors to see privileged communications if legal advice is used in furtherance of a crime.The sweeping request could have far-reaching consequences since the memos – with, for example, Trump asking whether they could ignore the subpoena, or a later suggestion to “pluck” out some classified documents instead of returning them to the FBI – are the strongest evidence of Trump’s obstructive intent.Even if the judge excludes only some of the passages, it could dramatically undercut the strength of the obstruction case.skip past newsletter promotionafter newsletter promotionIn the worst case for prosecutors, their evidence of Trump’s obstructive intent could be reduced to CCTV footage of boxes being moved at Mar-a-Lago by his co-defendants Walt Nauta and Carlos De Oliveira, logs of Trump’s calls with Nauta, and testimony about Nauta’s movements.The obstruction charges center on Trump’s incomplete compliance with an 11 May 2022 grand jury subpoena that demanded the return of any classified documents in his possession, months before the FBI seized 101 classified documents when it searched Mar-a-Lago.The Corcoran memos – the contents of which were first reported by the Guardian last year – have played a major role in bolstering the charge that Trump conspired with Nauta and De Oliveira to play a “shell game” in hiding boxes of classified documents so Corcoran could not ensure their return.The indictment quoted the memos as saying Trump responded: “Well, what if we, what happens if we just don’t respond at all or don’t play ball with them?” and “Wouldn’t it be better if we just told them we don’t have anything here?” and “Well, look, isn’t it better if there are no documents?”After Corcoran found 38 classified documents in the storage room, his memos recount Trump asking him, “Did you find anything? …… Is it bad? Good?”, and made a sort of plucking motion, suggesting “if there’s anything really bad in there, like, pluck it out”.Trump’s lawyers were expected to argue that the chief judge in Washington was overly broad in turning over more than 60 pages of memos, and that the instances of Trump asking whether he needed to comply with the subpoena are questions that every defendant asks to understand the full scope of their obligations.Trump’s lawyers were also expected to argue that none of the commentary – about Trump asking whether they needed to comply with the subpoena, or the plucking motion – satisfied the crime-fraud exception because it did not amount to Trump using Corcoran’s legal advice for a crime. More