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The wild past 24 hours of Trump legal news, explained

Former US President Donald Trump exits his criminal trial for allegedly covering up hush money payments at Manhattan Criminal Court on April 25, 2024, in New York City. | Jeenah Moon/Getty Images

Trump allies newly indicted in Arizona, testimony continuing in New York, and the Supreme Court hearing arguments in DC.

The Arizona attorney general’s office unsealed a new case indicting several top Trump allies, including Rudy Giuliani, for trying to steal the 2020 election.

The former publisher of the National Enquirer spilled new details about Trump in testimony during the former president’s first criminal trial in New York.

But the Supreme Court gave Trump new reason to hope his second criminal trial, in DC, will be delayed until after the election.

All that happened this week in an unusually tumultuous 24 hours for the Trump legal saga, which continues to dominate the 2024 campaign.

The most important development was probably that Supreme Court argument. There, Trump’s lawyers were arguing that his federal indictment for trying to steal the 2020 election should be thrown out because it involved “official acts” he took as president.

Several conservative justices displayed striking sympathy for Trump’s argument, though it’s unclear how the Court will rule on the merits. Still, a divided Court likely means the ruling will be complex or slow in coming down — and either scenario could well delay the biggest, most important Trump trial until after November.

Yet Trump could still end up a felon before then, due to the hush money trial happening in New York. There, David Pecker, the prosecution’s first witness, testified about Trump’s knowledge about hush money payments that he had helped arrange.

Meanwhile, in Arizona, Trump himself was not indicted, but the charges against major Trumpworld figures like Giuliani and former White House chief of staff Mark Meadows effectively send a message that those who collaborate in his schemes may well face legal consequences.

The odds rose that Trump’s most consequential trial won’t happen this year

The federal case against Trump for trying to steal the 2020 election was viewed by many observers as the most consequential of his four prosecutions. It combined a substantively important underlying issue — the health of US democracy — with a tight, clean case that could go to trial and end in a verdict before the 2024 election. Initially, it was scheduled to take place this March.

But pretrial preparations have been paused since December so higher courts can deal with a Trump appeal, in which he argued that he should be immune from prosecution for “official acts” he took as president. That appeal went before the Supreme Court for arguments on Thursday, and observers like my colleague Ian Millhiser thought the arguments went quite well for Trump.

There were really two things at stake in the arguments Thursday: whether Trump’s trial can go forward at all, and how quickly it can go forward.

Overall, the argument was much less about the specifics of the Trump prosecution and much more about the broader question of prosecuting a former president for his conduct while he was in office. Four conservative justices voiced deep misgivings about that idea, while the three liberals were fine with it.

The Court’s swing votes — Chief Justice John Roberts and Justice Amy Coney Barrett — were less clear. But experts came away from the arguments believing it was unlikely that they’d give a simple green light to the prosecution. Instead, the Court seemed likely to issue a ruling setting out new standards for what counts as a presidential “official act” and what doesn’t.

That may not sound so bad in theory, but in practice, the likely impact would be to delay the trial. The window for the trial to happen before November 2024 was already narrow. Judge Tanya Chutkan has pledged to allow nearly three months more prep time if she does get permission to proceed. Even a late June Supreme Court ruling could in theory let the trial kick off in September. But if the Court issues a new ruling with novel legal standards, implementing that at the trial court level would require new briefings and arguments, which take more time.

Arizona sent a message that would-be election stealers will be held accountable

Even though Trump got good news in his main election-stealing case, several of his allies in that plot got some very bad news in Arizona. On Wednesday night, prosecutors in the office of Arizona Attorney General Kris Mayes (D) unsealed charges centered on the “fake electors” plot as it unfolded there.

To recap the fake electors plot: Biden won Arizona and other key swing states, and therefore his team’s chosen slate became the official electors, casting these states’ electoral votes for Biden. But Trump’s team organized their own elector slates, declaring them to be the true legitimate electors. These fake electors then submitted their own “electoral votes” to Congress in the hope that Vice President Mike Pence would choose to count them and flip the election to Trump.

Several prosecutors have argued the fake electors scheme was illegal, violating conspiracy, fraud, or even forgery laws. It was part of the big federal case against Trump, as well as the Georgia case against Trump, in which several fake electors in that state were also charged. Michigan’s fake electors were indicted in that state, though Trump was not.

Trump wasn’t charged in Arizona either — though several of his top allies in the election-stealing plot were. Those indicted were:

Eleven Arizona fake electors: The most prominent name in the bunch is Kelli Ward, the former chair of the Arizona Republican Party, who has long been associated with the state’s far right. Seven Trump lawyers and aides who organized the fake elector plan: Their names are redacted in the official indictment, but per reports, details offered make clear they are Rudy Giuliani, Mark Meadows, John Eastman, Jenna Ellis, Christina Bobb, Boris Epshteyn, and Mike Roman.

It’s not clear why Trump wasn’t charged, but he is referred to as “Unindicted co-conspirator 1” in the indictment.

Effectively, though, the Arizona indictment serves as another warning for those who might be tempted to try and mess with democracy by stealing an election: Don’t do it, or you could be charged criminally.

One of the most effective constraints on Trump’s authoritarian ambitions in his first term was the repeated tendency of his key aides to refuse to carry out his orders. Some may have done so because they thought he was acting unethically, but others may have had the more self-interested motive of fearing legal exposure. The Arizona charges, like the Georgia and Michigan ones, make it clear that fear is well-founded.

David Pecker testified about what Trump knew on hush money payments

Finally, Trump’s criminal trial in New York — for falsifying business records related to hush money payments to Stormy Daniels — is still in its early stages, but the first witness to take the stand gave some helpful testimony for the prosecution.

Pecker, the former publisher of the National Enquirer, testified at length about his relationship with Trump and about the Enquirer’s involvement in keeping damaging stories about Trump from coming out during the campaign.

One of those payments was made to Karen McDougal, a former Playboy model who alleged an affair with Trump. The Enquirer bought MacDougal’s “life rights” so she wouldn’t publish the story elsewhere.

Pecker testified that, during the transition period after Trump won, the president-elect summoned him to a Trump Tower meeting, asked how “our girl” was doing, and thanked him for his help with her — demonstrating Trump’s personal knowledge of the McDougal payment.

Pecker also repeatedly testified that he believed Trump wanted these hush money payments made to help with his campaign — not to prevent personal embarrassment or his family members finding out, as his defense team has alluded.

But this testimony matters because, to make the felony charges against Trump stick, prosecutors have to prove that he falsified business records to cover up a crime. That crime, they’ve argued, could be violating campaign finance law. They want to prove that hushing up Daniels was an effort to influence the election. And Pecker’s testimony helps them do that.


Read full article on: vox.com
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The Gaza Cease-Fire That Wasn’t
This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.As the Israel-Hamas war continues, breathless headlines sometimes conceal more than they reveal.But first, here are three new stories from The Atlantic. David A. Graham: “The Stormy Daniels testimony spotlights Trump’s misogyny.” The politics of fear itself When conservative parents revolt Waiting for DetailsIn March, CNN reported that “the Israelis have ‘basically accepted’ a six-week ceasefire proposal in Gaza,” per a U.S. official. Yesterday, the Associated Press reported that Hamas said it had “accepted an Egyptian-Qatari cease-fire proposal.” Each of these claims quickly spread across the internet, fueling arguments among partisans around the world and raising hopes among both Palestinians and Israelis. Of course, as anyone following the conflict in Gaza knows, the fighting has not ended. These pseudo-cease-fires are far from the only instance of such whiplash between the headlines and reality in recent months—just recall the breathless news coverage surrounding Iran’s strike on Israel and the Israeli response, both of which were cast as a prelude to regional and possibly world war before fizzling into nothing of the kind.Confused? Trying to figure out how to tell what’s true and what’s not? You’re not alone. I struggle with the challenge too. Here are four points about the cease-fire talks that guide my own reporting, and help me untangle where things stand.1. As they negotiate, both parties are attempting to shape international media coverage—and their statements should be read with this in mind. In professional sports leagues, before consequential trades or player signings, there are often a flurry of leaks to media outlets about potential contract terms or trade packages. Most of these turn out to be false. This is how Aaron Judge, the superstar captain of the New York Yankees, was momentarily reported to have signed with the San Francisco Giants in 2022. Why are so many of these reports wrong? Sometimes, they reflect genuine offers from the midst of a fluid negotiation; other times they are an attempt by one side to increase their leverage.International reporting is not sports reporting, but it is subject to similar dynamics. In the case of Israel and Hamas, both sides are selectively sharing information in order to shape press coverage, attempting to present themselves as reasonable and their opponent as recalcitrant. In some cases, this can lead to certain media outlets getting ahead of the story or being spun by those advancing an agenda. That appears to be what happened yesterday, when Hamas unilaterally announced that it had “agreed to” a cease-fire, and several outlets repeated the claim without sufficient scrutiny as to what the group had actually agreed to. As The New York Times reported, it later turned out that “Hamas did not ‘accept’ a cease-fire deal so much as make a counteroffer to the proposal on the table previously blessed by the United States and Israel.” Moreover, Hamas refused to commit to releasing only living Israeli hostages, as opposed to dead ones, in the first stage of a proposed multiphase deal. Here, as elsewhere, when confronted with a sensational headline, it pays to wait for more details before assuming the initial report provides the full picture.2. Israel and Hamas aren’t the only ones negotiating—and this makes things very complicated. Israel and Hamas did not have formal relations even before they went to war in October. As a result, they have long communicated through intermediaries. Right now, cease-fire negotiations are being conducted in Cairo with the assistance of multiple outside mediators, including the United States, Egypt (which borders both Israel and Gaza), and Qatar (which hosts the Hamas political leadership). Each of these actors is providing their own proposals and compromise suggestions, which can help the parties progress but also allow them to posture by accepting a friendlier proposal from one of the external mediators than they would get from the other side. Understanding this dynamic can help you decode the headlines: There will be a deal when the story is not “Israel accepts U.S. cease-fire proposal” or “Hamas accepts Egyptian-Qatari proposal” but rather “Israel and Hamas agree to mutual cease-fire proposal.”3. Several core sticking points still need to be resolved. To know whether the parties are actually close to a deal, it helps to know why they haven’t gotten to one yet. In addition to Hamas’s caginess about releasing living hostages—it has yet to provide a list of those Israelis it currently holds, and appears to want to use the live ones as bargaining chips for later stages—both parties have a fundamental disagreement about whether a deal would officially end the war. Hamas insists that it must, while Israel wants to reserve the right to return to Gaza and continue pursuing Hamas’s leadership, even after a long lull in hostilities.This split over a “permanent cease-fire” might seem largely symbolic: Israel and Hamas have been at war with each other on and off for more than a decade, and that won’t change based on what a piece of paper says. But symbolism matters. Both parties—and in particular, their political leadership—want to be able to declare victory when a deal is signed. Israeli Prime Minister Benjamin Netanyahu, in thrall to far-right coalition partners and dead in the polls, doesn’t want to look like he conceded to Hamas. Yahya Sinwar, the leader of Hamas in Gaza, desperately wants to appear to have achieved something after all the devastation that Hamas and its October 7 massacre brought upon the people of Gaza. Being able to emerge from hiding and declare that he’d outlasted the vaunted Israeli military would accomplish that.More substantively, Israelis are divided over whether the overriding goal of the current war should be destroying Hamas (in which case Israel cannot disengage until the group’s final battalions are defeated) or returning the hostages (in which case Israel could end this war now and fight Hamas another day). Israel’s leadership has so far refused to choose between these two goals, but the moment of decision seems to be arriving.4. There is no agreement, but there are negotiations and they are at a pivotal point. Yesterday, Hamas made a negotiating counteroffer, then accepted its own counteroffer. That is obviously not how a bilateral agreement works, but it is evidence that negotiations are advancing. In response, Israel announced yesterday that it would send a new delegation to Cairo to continue talks. CIA director William Burns is reportedly personally on site to help facilitate a deal. At the same time, Israel has begun an operation in the southern Gaza city of Rafah, where it says Hamas’s leadership is hiding among more than 1 million sheltering Palestinians.President Joe Biden has warned the Israelis against a full-scale operation in Rafah, which is partly why the current one is limited in scope—it began with an evacuation order for 100,000 civilians, leaving the rest in place while Israel maneuvers in a smaller geographic area. This move undoubtedly puts further pressure on Hamas, but it also hastens the moment when Israel will have to decide whether to press forward into the rest of Rafah, potentially breaking with the Biden administration. This prospect in turn increases the pressure on Israel itself to reach some sort of agreement. Although the outcome of these precipitous events is uncertain, an inflection point is fast approaching—and the time may come once again to practice patience as the incomplete headlines roll in.Related: The right-wing Israeli campaign to resettle Gaza (From 2023) What did top Israeli war officials really say about Gaza? Today’s News The judge in Donald Trump’s New York criminal trial denied his lawyers’ request for a mistrial during Stormy Daniels’s testimony about her alleged sexual encounter with the former president and a hush-money payment. TikTok and its parent company, ByteDance, sued the U.S. federal government over recent legislation that mandates the sale of TikTok, claiming that the law violates the company’s First Amendment rights. Vladimir Putin was inaugurated for his fifth term as the president of Russia in a ceremony that the U.S. and many European nations boycotted. Evening Read Illustration by Matteo Giuseppe Pani. Source: Getty. Enough With Saving the HoneybeesBy Ellen Cushing In 2022, at least 18 states enacted bee-related legislation. Last year, a cryptocurrency launched with the intention of raising “awareness and support for bee conservation.” If you search Etsy right now for “save the bees,” you’ll be rewarded with thousands of things to buy. Bees and Thank You, a food truck in suburban Boston, funds bee sanctuaries and gives out a packet of wildflower seeds—good for the bees!—with every grilled cheese sandwich it sells. A company in the United Kingdom offers a key ring containing a little bottle of chemicals that can purportedly “revive” an “exhausted bee” should you encounter one, “so it can continue its mission pollinating planet Earth.” All of the above is surprising for maybe a few different reasons, but here’s a good place to start: Though their numbers have fluctuated, honeybees are not in trouble. Other bees are. But the movement’s poster child, biggest star, and attention hound is not at risk of imminent extinction, and never has been. Read the full article.More From The Atlantic The conjoined twins who refused to be “fixed” “Ukraine has changed too much to compromise with Russia,” Illia Ponomarenko argues. Being an ambassador in Washington keeps getting harder. James Parker: “Some late-breaking adjustments to my new autobiography” Culture Break Max Watch (or skip). Jerrod Carmichael Reality Show (out now on Max) is a new unscripted show about the comedian’s life that may lean too much into voyeurism, Hannah Giorgis writes.Read. A Body Made of Glass: A Cultural History of Hypochondria, by Caroline Crampton, explores the pervasiveness of health anxiety.Play our daily crossword.Stephanie Bai contributed to this newsletter.Explore all of our newsletters here.When you buy a book using a link in this newsletter, we receive a commission. Thank you for supporting The Atlantic.
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