96 Comments

As always, many thanks for your clear-eyed presentation today, Robert. I'd like to add to your comments regarding the election interference case as it comes to a close by highlighting the remarks of columnist Jennifer Rubin who named Judge Juan Merchan her Distinguished Person of the Week. She wrote, in part:

"...you had to marvel at Merchan’s success in conducting an orderly, relatively swift and, in some sense, straightforward trial in the midst of the mayhem Trump creates. Merchan forced a former president to (more or less) stop threatening witnesses and court personnel. He managed to impanel an impartial jury, keep the trial on schedule, deflect inane defense arguments and yet allow both sides to put on their case. This is the rule of law at its best.

"In short, whatever the verdict, Merchan succeeded in protecting our criminal justice system. No wonder Trump detested him, smeared him with a racist insinuation and attacked the judge’s daughter. What Trump could not do was provoke a mistrial or throw the case off course. And for that, America owes a debt of gratitude to Merchan."

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I hereby rescind my less than glowing opinion I previously posted about Judge Merchan.

He pulled the reigns in tight, keeping a respectable and highly professional trial.

He showed Judge Cannon how, with regard to the seriousness of how a courtroom is run. He is to be commended for doing his job, for every American is uplifting. This is how it’s done, pay attention.

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founding

Lynell, I wholeheartedly agree with what you shared about Robert's review along with the remarks by Jennifer Rubin! All are to the point!

It is about us and what each of us does and helps others see and do as Robert constantly shares!

In this highest of high-profile cases Judge Merchan deserves kudos for doing his job under the law, under the most trying of times to be a jurist. For having the power of intellect, virtue, ethics, and history we should applaud him where others have failed! As many other judges have shown in the rulings after the 2020 election following the law and their oath are sacred to a large number of them. It is a pity, shameful, and hopefully a wake-up call that it is not all! Robert has also shared many times there are many who are like Judge Merchan. We can't forget that!

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Jennifer Rubin is one of the main reasons I have maintained my WaPo subscription. (I dropped the NY Times a while back).

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Lynell, While I appreciate Rubin’s remarks, I cannot help but view them in the context of MAGA’s near-absorption of the judiciary exemplified by delays in the three principal criminal trials until after the 2024 election. Still, I take heart in knowing that at least presently we live in a country where civic work can be carried forward under the blessing of our Constitution and that the engaged citizens I meet regularly on this site are ones whom I can count on to give its words both foundation and life.

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We can always get into Good Trouble no matter what happens, BJ!

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Lynell, Living under the afforded protections of a Constitutional Republic, I’ve rarely hesitated, when warranted, to get into “good trouble.” Under Fascism, wherein power is consolidated and the rule of law subjugated under a single individual, “good trouble” takes on an entirely different meaning. Hence, one of my placards reads “Vote like your rights depend on it because they do.”

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To the extent that it’s accurate, “MAGA’s near-absorption of the judiciary” applies to the *federal* courts. Judge Merchan presides over a New York state court.

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Michael, The Georgia election interference case, which the Trump team has blocked from advancing, is not a federal case.

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True. But the blocking seems to be a result of delaying tactics. In my opinion it’s not likely that the blocking has occurred because the judge in Georgia has been co-opted by MAGA.

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Michael, Nor has Chutkin presiding over the Jan 6th case. Nonetheless, the Supreme Court, by slow-walking its ruling on Trump’s claims of absolute immunity, has blocked that albeit federal case from advancing.

My point is, while we can acknowledge the process in NY has been a victory for the rule of law and a rebuttal to the worst damaging aspects of Trumpism, we ought not lose sight of our trending towards increased overall judicial aggrandizement.

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You’re right: I forgot the case before Judge Chutkin. That case seems to be an instance of the Supreme Court contriving a delay in what looks like a strong case against DJT. Shameful.

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May 29Liked by Robert B. Hubbell

So, this came over on Facebook but it really made me think. “If you can’t enlist in the military if you have a felony conviction then why does that not apply to the presidency?

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And how can you be commander-in-chief with a felony conviction? And have access to the nuclear codes and classified information?

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Excellent analysis and thank you as always. A patriot is one that supports and defends the constitution of the United States. It’s time to take back that word from those who would destroy it.

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founding

And take back our flag, too 💙

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We analyzed Ken Burn's inspiring address with the SayWhen.us app to create this transcript and 10 highlights so you can watch the video directly from when he made those comments.

Transcript of Ken Burns speech

https://docs.google.com/document/d/e/2PACX-1vSU9k3kOhTEzA-oE1DNOB7sz5v7ivHcVksyhyjnfyzW9pLSFiPmGqpEyFAFkAUu9iVJLRDOLx4D-eDV/pub

There is no real choice in November

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=791.9s

Do not be seduced by easy Equalization / National Suicide

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=847.18s

Best arguments in the world won’t change a mind. Only stories can.

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=481.22s

Presumptive Republican nominee

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=820.88s

We continue to shackle ourselves with chains

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=696.88s

Slavery is a condition we impose on ourselves

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=634.96s

Leadership is humility

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=1069.46s

Ferocious urgency of this moment

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=73.54s

God does not distinguish between the dead

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=586.7s

There is no other. There is only us.

https://www.youtube.com/watch?v=9n1OqPzIKH4&t=760.98s

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Appreciate your doing this. It is great. Let’s get this out to as many people as possible.

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Thanks so much for this!

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founding

“In particular, the prosecution failed to address Alan Weissenberg’s handwritten notes documenting the reimbursement to Michael Cohen for the hush-money payment to Stormy Daniels. Blanche simply ignored it.”

Assuming you meant the defense ignored it? Or am i missing something.

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Obviously a mistake. It happens. We all know what it should say.

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Yes Elizabeth, and that skill is called using "contextual cues" within the conversation. That ability is mediated by the auditory process within our brains. For those really attuned to the meaning of the statement, the process is quick, and automatic. All of us have likely increased our brain power significantly during these, the Torturous American Grifter Years. Oddly, the horror this man has inflicted on everyone, including his pack of fools, has created a turning point in our great nation's existence. Ultimately, for the better, I am betting. Thank you Robert.

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Jim, I also think tfg was our country’s infection that had to come to the surface to face light and cleansing to heal. My hope is that our system of government (along with lo so many other broken systems) truly changes now. Fingers crossed and voting finger ready for year 250 of this American experiment.

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Agreed completely Donna. Well said. tfg opened America, and Americans , up to pathologies between, and among us, which are now more fully exposed, and cry out for a very big course correction. I'm betting on President Biden to successfully cobble together a path into the brave new world we are entering. Despite the corrupt judges, I am fully confident the people like judge Juan Merchan outnumber the Boom Boom Cannon clown types, far and away.

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“I'm betting on President Biden to successfully cobble together a path into the brave new world we are entering.” –

For that happy outcome to occur, Biden must be re-elected and the authoritarians electorally neutered.

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Not to nitpick, but also, I think his name is spelled Allen Weisselberg.

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author

Sage advice: "Not to nitpick."

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Hmmm, I was wondering also.

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founding

Yep - we can mentally autocorrect (but good catch!).

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As always, I appreciated the entire newsletter. But I write this morning to express my gratitude for your including the video of Ken Burns's commencement address at Brandeis. I urge anyone who can to watch it. It is magnificent!

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I agree a verdict in Manhattan will not change many voters minds but it would be nice for once to have Trump held accountable and not get away with his illegal behavior again. A thought I have is a major reason to defeat Trump would be to insure he is tried in Georgia and Florida and Washington and to send a resounding message that he is not above the law. At the end of the day the election in November will be won by turnout and never before have we had more than enough reasons to vote.

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And it would be lovely to be able to refer to the defendant as 'the felon' henceforth.

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Convicted felon

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He's already a proven rapist, so in a way that's already true.

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Turnout. Yes. Could be the most important word in our political lexicon.

My bet? The outrages of Dobbs and Trumps clear threat to democracy will send record breaking numbers of sensible people to the voting booths.

And my other bet? For those Republicans who after all this, can't stand the stench of Trump, can't bring themselves to vote for a Democrat - they may stay home.

As Simon Rosenberg keeps saying...as we approach the election, would we rather be them or us?

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All true but I don’t understand why people won’t vote. The big question is do we know who and where these folks are.

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Gratitude (always) for your post today, and, Ken Burns' speech is definitely a MUST READ!! WOW!

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Enthusiasm is "God in us".

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Thank you for your encouraging words, Robert.

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May 29·edited May 29

Robert writes: "While we have strong reason to anticipate a guilty verdict, the point of the trial is not to affect the outcome of the election. It is to hold Trump accountable." Call me biased, but if there is not a unanimous guilty verdict, I will be immediately suspicious that one or more Trump operatives got to one of the jurors or their families. I really believe that in his business ethics, Trump bears a close resemblance to Don Corleone. And that affects all the hangers-on who are in his orbit.

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May 29·edited May 29

In my opinion: The reality is that any one of the jurists, whom reported that they can be impartial, may have a paradigm that was previously developed by exposure to all things Trump. Any adult who is capable of participating in our society and democracy knows who trump is. There is no way to know who is sitting on that jury.

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There was one juror, who according to the NY Times, only got his/her news from Fox News and Truth Social. I harbor little doubt that this single person is a plant and will hang the jury. But we'll see. At this point, I hold out no hope for justice but rather, hope (with effort) that voters will provide the final verdict in a landslide victory for Biden and Democrats up and down the ticket.

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I think finding unbiased jurors was practically impossible.

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RH: "Everything Trump touches dies, including the reputations of his lawyers." SH : Let's recall that "everything" includes his foot doctor in 2016, his White House medical officer, his two older sons, his daughter, his son-in-law who couldn't resist a $2 BILLION pay-off for Trump's decisions during his Presidency, many of the merry-go-round members of his cabinet and sub-cabinet, the students at his "university," the contractors who had to go to court to get compensation for work promised and completed, his other professional services, such as Weisselberg and other bookkeepers, and on and on and on and on and... The greatest attempt to kill, however, is his uncontrolled ego, imagination of himself, and his inability to understand the nature of truth -- all of which is helping him "kill" our democracy. It is only our actions that can teach him -- and others like him -- what government and integrity really mean.

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Well said, Stephen!

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I believe Ken Burns’ speech is the best I have ever heard!

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Thank you, Robert. I hope that the two of you have already planned a vacation after the November election--one that is all rest mixed with play and has nothing to do with politics or justice or the lack of it. Preferably someplace not too tiring to get to, but where the state of our not so United States is not front and center. The two thoughts that come to mind for me are quite different from each other --Londolozi resort in South Africa (serious money out of my league) or Fredericton, New Brunswick which I often refer to as Narnia (neither place have I visited). I particularly liked the words of the historian--totally agree about "we" and "othering".

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I think a vacation for Robert and Jill would be NOT going anywhere for awhile. I admire them so much for going everywhere they are invited to and speaking with dedicated readers even when they are visiting their daughter Julia! God bless them!

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Good point --not going anywhere and disconnecting from the world. They do get a variant of that in their cabin most weekends, it seems, but I think deserve a longer period to restore themselves.

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As James Comey wisely opined, "Trump will eat your soul in small bites". Since the Mayflower Compact, our governing principles protected liberty by tolerating differences and deferring to the common good.

Our collective, but delicate group cohesion has endured because of shared adherence to the credos and constitutional principles guided by ethical and precedent confirming guardrails.

Sociopathy dismisses common good and governing conventions. Greed, self-interest, and contempt for social order are forces that can easily overrun our delicate governing cohesion. Its contagion is swift and virulent. The rule of law is the final bulwark that protects our democratic order.

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Another Opportunity for Reader Engagement!

The link Robert provided several days ago also provides an opportunity to “dump” Trump-hugging Judge Aileen Cannon.⬇️

https://www.dumpalito.com/

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Commenting briefly on the Hush Money Election Interference trial, besides viewing it as the least consequential of the criminal charges, I might add I have no idea how its outcome might affect the 2024 election. The one thing that’s been clear is that, contrary to our work that truly could have a meaningful impact, time spent following the trial, over which we have no control, needed to be kept to a minimum.

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In a way, I don’t view the so-called “hush money trial” as the least consequential. The trial showed that Trump and his minions *cowardly* created a lie on business documents to cover up his unethical, criminal activity. I think that, morally, it’s quite consequential.

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