A good day for the nation

April 16, 2024

On Monday, April 15, President Biden and Vice President Harris released their 2023 federal and state tax returns—the day the returns were due to be filed. The returns are here (Biden) and here (Harris). Any American who cares to read them can do so.

No subpoenas. No lawsuits. No Freedom of Information Act requests. No leaks to the New York Times. Just transparency--and respect for the right of the American people to know whether their leaders have financial entanglements that may cloud their judgment.

Biden released his tax returns on the day his predecessor began a criminal trial for falsifying documents. Biden’s simple but profound act made April 15 a good day for the nation.

It could have been otherwise—and may be otherwise in the future if a leader lacking Biden’s moral compass wins the Oval Office.

The character of the president matters. That is why Biden’s willingness to promptly release his 2023 tax returns is important. And that is why Monday’s events in a Manhattan courtroom matter, as well.

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Speaker Johnson schedules hodge-podge of votes on aid for Ukraine, Israel, and Taiwan

Speaker Mike Johnson has said he will schedule votes on various aid packages for Ukraine, Israel, and Taiwan—instead of voting on a single Senate bill that includes aid for all three nations. Notably, the packages do not include humanitarian aid for Palestinian refugees.

It is unclear whether Speaker Johnson has enough Republican votes to bring the three bills to the House floor. Democrats may need to step into the breach by helping Johnson to “pass the rule”—a procedural vote that is almost always approved by votes only from the majority party. But because of grumbling by disaffected Republicans, it may be necessary for Minority Leader Hakeem Jeffries to direct Democrats to help Mike Johnson to “pass the rule.”

Reporting by Axios explains the intricacies and pitfalls faced by Speaker Johnson. See Axios, Democrats mull bailout for Mike Johnson's foreign aid package. As explained in the Axios article, Hakeem Jeffries is playing his cards very close to his vest—hoping to force as many Republicans as possible to pass the rule and (conversely) minimize the number of Democrats who will need to rescue Johnson.

But the intricacies are beside the point. Republicans have kept Ukraine on edge for six months as its battlefield situation has deteriorated And the exclusion of humanitarian aid given the crisis in Gaza is inhumane. The next few weeks will be consequential for Ukraine, Israel, and Palestinians in Gaza and, derivatively, the peace and security of America and its allies.

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Supreme Court allows bill prohibiting gender-affirming care to remain in effect

Republicans have declared a culture war on women and LGBTQ people. We have seen the horrific effects of the GOP’s war on reproductive liberty in the aftermath of Dobbs in two dozen states. The widespread attacks on LGBTQ people—especially transgender youth— have been less visible.

On Monday, the Supreme Court reversed a lower court decision staying an Idaho law that bans gender-affirming care for youth. See PBS News Hour, Supreme Court allows Idaho to enforce its ban on gender-affirming care for transgender children.

In most matters involving healthcare for minors, decisions are committed to the judgment and discretion of parents and healthcare providers. In Idaho, a physician who prescribes hormones to a transgender youth faces ten years in prison. The Idaho law is not a healthcare law; it is a religious sanction imposed on behalf of an (allegedly) angry God.

Similar laws have been enacted in two dozen states.

The list of states banning gender-affirming care makes clear that the laws are part of a political and religious vendetta against transgender youth. As noted in the PBS Newshour article,

Gender-affirming care for youth is supported by every major medical organization, including the American Medical Association, the American Academy of Pediatrics and the American Psychiatric Association.

Medical professionals define gender dysphoria as severe psychological distress experienced by those whose gender identity differs from their sex assigned at birth.

The lawless actions of the reactionary majority must be checked by expanding the Court—a result that can be achieved by a majority vote in both chambers of Congress and the signature of the president.

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Trump’s criminal trial begins in Manhattan

The criminal trial of Donald Trump for election interference began on Monday. Despite nearly non-stop media coverage, the proceeding was similar to the first day of most criminal trials in America—a fact that should give us all comfort. The first-day proceedings were consistently ordinary, sometimes boring, but glorious in their relentless insistence that all persons are equal before the law.

Rather than overinterpreting small actions or obsessing over whether a Trump-friendly juror can lie their way onto the jury, it is helpful to recall how we got here and what the case is about.

Rachel Maddow presented a superb summary of the sorry path to Trump's prosecution in state court for a federal conspiracy that sent Michael Cohen to prison for a year—but allowed the person who directed the conspiracy—Donald Trump—to escape prosecution. See The Rachel Maddow Show 4/15/24.

Although you already know the story, Maddow’s explainer is an absolutely essential refresher for the state prosecution. The short version is this: When Trump's DOJ investigated and prosecuted Michael Cohen for his role in the hush money payoff, then Attorney General Bill Barr ordered the Southern District of New York to cease its investigation of Michael Cohen’s co-conspirator--Donald Trump.

The failure of the DOJ to pursue Trump in 2018 was political corruption at its height. The fact that Manhattan District Attorney Alvin Bragg picked up the prosecution three years later is a credit to Bragg—not a ground for criticism.

The fact that Bill Barr was able to quash the federal investigation into Trump also explains the central legal theory of the state prosecution. Trump is charged with a state crime of falsifying documents in furtherance of a second crime—election interference, which is a federal crime.

Many observers were initially skeptical of Bragg’s legal theory, but some have come to believe that Bragg has a strong case. See Mark Joseph Stern in Slate, I Was a Skeptic of the Stormy Daniels Prosecution. I Was Wrong.

Stern writes,

Last year, I was uncertain whether this scheme, while sordid, rose to the level of a felony offense.

I am now convinced that, if proved that [Trump] took these actions, it surely does.

The falsification of business records is, by itself, a misdemeanor under New York law, but it’s a felony when it’s done with the “intent to commit another crime or to aid or conceal the commission thereof.”

In his indictment, Bragg claims that Trump lied about the payments with the intent to violate election law, which is what elevates the crime to a felony.

Bragg has argued, convincingly, that the former president intended to violate at least two election laws—one state, one federal.

First, Bragg asserted that Trump and Cohen ran afoul of the Federal Election Campaign Act by making unlawful campaign contributions (in the form of a payoff) at the direction of a candidate (that is, Trump). . .  

Second, Bragg argued that Trump ran afoul of a New York election law that forbids any conspiracy “to promote or prevent the election of any person to a public office by unlawful means.”

Read Stern’s article for additional explanation of the legal theory of the case. I find Stern’s analysis convincing.

Of course, the fact that Trump should be found guilty under a proper application of the law to the facts does not guarantee that a jury will return a guilty verdict. In every trial, it is always possible that a juror will not participate in good faith. Given the high-profile stakes and intense scrutiny involved in this case, I think the odds that a “stealth bad faith juror” will lie their way onto the jury are low.

But I am speculating in the same way as all other legal commentators. We must simply await the jury’s verdict and trust in a system that works most of the time. Trying to predict the future is a fool’s game. And remember, the prosecution of Trump is not a substitute for beating Trump at the ballot box.

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Opportunities for reader engagement

Join Force Multiplier for a conversation with Chair of the NC Democratic Party, Anderson Clayton, Chair of the Michigan Democratic Party, Lavora Barnes, Rep. Don Davis (NC-01), and candidate Curtis Hertel ( MI-07)

On Tuesday April 16 at 7:00 PM ET, you will have the opportunity to hear from all four about the situation in two key states where the Democratic party has been revitalized and in two critical districts in those states. We will learn about how they work together to turn out the vote, why these states and these races are so critically important and why they need your support.  They will take questions from the participants and it should be a fascinating session.  Register here for this exciting event. 

Join Partners4Democracy in its third presentation on The Target States: Seven Keys to Victory:

Partners4Democracy (partners4democracy.org) is hosting the third of three Special Events on “The Target States:  Seven Keys to Victory” on Wednesday, April 24 at 7:00 PM (EDT).  These live events will explore the issues, politics and strategies expected to drive voter turnout in each of seven target states and how to get involved to ensure Democrats cross the finish line first.  This third event will focus on the races in Wisconsin and Michigan, and will feature Ben Wikler, Chair of the Wisconsin Democratic Party and Amy Chapman, a noted political consultant and campaign activist as well as two grassroots organizations we will be highlighting in the two battleground states.

Attendance is free.  Register here for this unique event.

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Concluding Thoughts

Do not conflate Trump's trial and the presidential campaign—even though Trump will attempt to make that connection. The trial is important because it seeks to hold a former president accountable for a criminal conspiracy that deprived Americans of information vital to their choice in the 2016 presidential election.

Like all trials, there will be wild swings, unexpected developments, and perceived unfairness. That’s okay. The fact that Trump is being forced to defend himself before a jury of his peers is all we can expect in a nation governed by the rule of law.

The media has wrongly adopted a narrative that views the trial as a proxy for the election. It is not. If we let go of that false narrative, we can observe the trial for what it is—a clunky, imperfect way to arrive at a procedural determination about whether the state has met its burden of proof.

But for all its blunt edges and imperfections, trial by jury is the pinnacle of justice—because it invests citizens with the awesome power to determine the guilt or innocence of the accused. And any day that ordinary citizens are charged with dispensing justice is a good day for the nation—regardless of the outcome.

Talk to you tomorrow!