The truth emerges

April 24, 2024

It was a big news day outside the Manhattan courthouse where the judge pummeled Trump's lawyer, and Trump’s erstwhile friend, David Pecker, gave devastating testimony against Trump. We will return to the trial, but let’s look at the important stories that deserve to be “above the fold.”

---

The Senate passed aid bills for Ukraine, Israel, and Taiwan, as well as a bill continuing US intelligence gathering capabilities. The bills go to President Biden’s desk, where they will be signed ASAP. The lengthy and circuitous path to this outcome should not obscure that the passage of the bills represents another major legislative victory for President Biden. That storyline is missing from major media on Tuesday. Don’t let Biden’s role in this achievement go unremarked. Tell a friend!

---

President Biden won the Democratic presidential primary in Pennsylvania by a strong margin (winning 93% of the vote), while Trump lost 17% of Republican votes to Nikki Haley—who suspended her campaign on March 6. It is impossible to ignore the double standard here: If President Biden lost 17% of Democratic voters in the Pennsylvania primary, major media would declare his candidacy over.

---

President Biden appeared in Florida on Tuesday. President Biden appeared in Florida on Tuesday to advocate for the reproductive rights of women in Florida and across America. The video is here (Starting at 3:30 mark): Biden delivers remarks on abortion rights during campaign event in Tampa, FL.

Biden said that “Florida is in play” in the 2024 presidential election. President Biden is highlighting reproductive liberty as a winning issue in Florida because of the initiative on the ballot in 2024 to amend the Florida constitution to protect reproductive liberty. As President Biden said,

There was one person who was responsible for this nightmare. And he’s acknowledged it and he brags about it — Donald Trump. . . . Folks, the bad news for Trump is that we are going to hold him accountable.

The proposed amendment guaranteeing abortion rights will require 60% support among voters in order to pass. See Ballotpedia, Florida Amendment 4, Right to Abortion Initiative (2024). Polling shows that the initiative can win—but supporters must convince a large group of uncommitted voters turn out to vote in favor of the initiative.

We cannot allow this opportunity to escape our grasp. The convergence of reproductive liberty, DeSantis’s war on LGBTQ people in Florida, gun safety, Senator Rick Scott’s war on Social Security and Medicare give Democrats a real chance to flip Florida in 2024. Let’s not let it slip away!

---

Tennessee passes bill to allow teachers and staff to carry weapons on school property

In a sick and cowardly act, the Tennessee legislature expanded the presence of guns on school campuses to distract from the state’s inaction on gun safety. The mass murder at Uvalde forever debunked the myth that “The only thing that can stop a bad guy with a gun is a good guy with a gun.” For more than an hour, 376-armed law enforcement officers did nothing as a killer armed with an assault rifle was allowed to continue his deadly rampage. Why? Because the officers were afraid of a single “bad guy” with an assault rifle.

The Tennessee legislature apparently believes that a teacher or two with handguns will be able to accomplish what 376 heavily armed Texas law enforcement officers could not. They have failed and endangered the children of Tennessee in passing the law. See CNN, Tennessee lawmakers pass bill allowing teachers, school staff to be armed.

Gun safety is on the ballot in 2024, just as is reproductive liberty, the climate, Social Security and Medicare, national security, voting rights, education, tax equity, LGBTQ rights, and the rule of law.

Speaking of the rule of law, read on!

---

The prosecution makes headway in election interference case against Trump as truth emerges

Many observers were skeptical of District Attorney Alvin Bragg’s case against Trump when the indictment was first announced. As explained below, many who were initially skeptical have begun to change their view.

---

The prosecution reveals the theory of its case.

The charges against Trump involve a crime that is normally a misdemeanor—i.e., falsification of records. But if that falsification is done in furtherance of another crime—here, election interference—the misdemeanor falsification becomes a felony.

Until Tuesday, it was not clear which specific “other crime” was the basis of the felony indictment. On Tuesday, prosecutors explained their theory of the case during an argument over evidence. In short, they said that the falsification of records was done to advance a conspiracy prohibited by New York State Election Law 17-152—conspiracy to promote or prevent an election.

This revelation is important because it frames the legal theory of the case going forward. It will determine the jury instructions and will be the basis for appeal. Section 17-152 provides as follows:

§ 17-152. Conspiracy to promote or prevent election. Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.

---

Trump's attorney is chastised by Judge Merchan during argument over gag order

A downside of representing a client who does ridiculous things is that when you are called upon to defend your client, you are forced to make ridiculous arguments. Trump's attorney learned that lesson (again) the hard way on Tuesday as Judge Merchan told Todd Blanche he was “losing all credibility with the court.” Most lawyers practice their entire careers without ever hearing that phrase.

At a hearing on Tuesday over Trump's violation of the gag order, Blanche repeatedly evaded Judge Merchan’s questions in an effort to avoid acknowledging that Trump violated the gag order on several occasions. Judge Merchan reserved his ruling on the violations—likely to allow time to prepare a written order.

But as Judge Merchan was considering Trump's fate for violating the gag order, Trump was on a local radio station violating the gag order—again! See JJ Abbott on Twitter. During the interview, Trump said Judge Merchan was corrupt and that Michael Cohen has no credibility. The latter statement violates the protective order.

Trump is becoming uncontrollable outside the courtroom. Judge Merchan must act soon. Former acting Solicitor General Neal Katyal suggested on MSNBC that Judge Merchan announce that he would be jailing Trump but is deferring the sentence until the close of trial. Others have suggested a final warning before locking Trump up for limited durations.

The prosecution says that Trump wants to be locked up—so he can rally his disinterested and bored supporters. Speaking of Trump's supporters, read on!

---

Trump's supporters stay away in droves

Trump's supporters failed to show up again on Tuesday, so Trump posted a lie on Truth Social that claimed they were being kept away by a massive police presence that closed roads near the courthouse. Trump posted the following (which includes an attack on Maggie Haberman),

Thousands of people were turned away from the Courthouse… It is an armed camp to keep people away. Maggot Hagerman of The Failing New York Times, falsely reported that I was disappointed with the crowds. No, I’m disappointed with Maggot, and her lack of writing skill . . . .

---

David Pecker’s testimony

Former CEO of the National Enquirer described the tabloid as an extension of the Trump campaign. It killed stories relating to Trump and published lies about his opponents. Those actions were intended to “to help the campaign” of Trump. Pecker also testified that Trump was a meticulous businessman who paid attention to detail, including when writing checks.

The National Enquirer's assistance to the Trump campaign is a scandal. The tabloid effectively became a surrogate for the campaign. The level of corruption was breathtaking but routine, and Trump was at the center of it.

Pecker provided first-person testimony of Trump's presence at the formation of the conspiracy to catch and kill stories. Pecker’s testimony goes a long way to making the case against Trump. But other testimony is needed to demonstrate that Trump knew that the checks to Michael Cohen were falsified. Stay tuned.

---

Join me in supporting three worthy candidates!

I hope you will take a few minutes to read this appeal. Although it is announcement about three fundraisers sponsored by this newsletter, it is actually about different giving strategies for three worthy candidates who are differently positioned.

First, a question: Is it odd for this newsletter to sponsor candidate fundraisers? Yes . . . and no. This newsletter’s approach is different than traditional fundraising because the price of “tickets” to most events is out of reach of most people. It is a sad truth that political fundraising is dependent on “major donors”—which is not this newsletter’s approach. On most days, the newsletter is “viewed” 95,000 times (or more). By hosting a “small donor” fundraiser with LOTS of donors, our community can have a combined impact that rivals or exceeds major fundraisers.

Tonight, I am announcing three fundraisers at once so that you don’t feel that I am resorting to stealth fundraising or “leading you on” with a drip-drip-drip approach.

Another question: Am I (or this newsletter) getting any benefit from this fundraising? Nope . . . other than the satisfaction of joining in community with readers of this newsletter to support worthy candidates! “Ah,” (you say), “But are you getting special privileges or access to the candidate?” No! After the fundraisers, the only relationship between me and the candidates will be my credit card number.

Now, let’s talk about the candidates and why each is deserving of support.

---

1.  Dr. Kristin Hook, candidate for Texas Congressional District 21. See Meet Kristin | Dr Kristin Hook for Congress. Dr. Hook is challenging MAGA extremist Rep. Chip Roy in a district that has been gerrymandered to make it extremely difficult for a Democrat to win. Gerrymandering by Republican legislatures discourages Democratic participation in elections. In Texas, 11% of federal elections and 38% of state elections are uncontested!

Choosing to run against Chip Roy in deep red Texas is an act of courage and hope. And when a Democrat enters a race with long odds, we cannot simply say, “Good luck! Let us know how it turns out!” Those brave candidates are helping other Democrats up and down the ballot and deserve our support. Without it, candidates cannot win; with it, the possibility of victory remains open! I will be contributing to help Dr. Kristin Hook give the voters of Texas CD 21 a choice other than a MAGA extremist.

So, join me in a conversation with Dr. Kristin Hook as she takes on the Herculean task of trying to unseat Chip Roy in the heart of Texas! Sign up here: Meet Dr. Kristin Hook (TX-21) (ngpvan.com). The event will take place on Monday, April 29 at 4pm PST / 6pm CST / 7pm EST.

---

2. Colin Allred for US Senator from Texas. Colin Allred can unseat Senator Ted Cruz. We must help him do so! Colin is currently serving with distinction in the House, having won in a district gerrymandered to favor the Republican candidate. But it is easy to see why voters selected Democrat Colin Allred. He is principled, accomplished, smart, and bipartisan. Colin Allred will be a credit to Texas and the United States if he is able to serve in place of Ted Cruz. See Colin’s campaign launch video here: Our Team is Texas

Colin’s race against Ted Cruz will be hard-fought and expensive. Colin needs all the help we can give. I plan to give generously to help Colin. I hope you will consider doing so, as well.

Details and a link to join are forthcoming, but join me in a conversation with Colin Allred on May 14 at 5:30 PST, 7:30 CST, and 8:30 EST.

---

3. Women for Biden. Four years ago, this newsletter hosted a “small donor” fundraiser for then-candidate Joe Biden that was a great success. Why was a small donor fundraiser considered a success? Because presidential campaigns need small donors to show that the candidate has grassroots support. While the Biden-Harris campaign has been successful in raising large amounts of money necessary to battle Trump through November, they need lots of small donors to help send the message that we have Joe Biden’s back!

Joe Biden will not appear at this fundraiser, but I guarantee we will have an interesting, fun discussion that will be worth your time. The date has not yet been set, so stand by for details.

If you are still reading, thanks! I hope to see you on one or more of these fundraisers!

---

Opportunities for reader engagement.

---

Big Tent USA hosts Anne Applebaum and Katie Couric

On Thursday, April  25th at 12:00 PM ET, BigTentUSA  is thrilled to have back Pulitzer Prize–winning author and esteemed historian Anne Applebaum in conversation with award winning journalist Katie Couric.  They will dive into the critical issues of our era: the global rise of authoritarianism and the evolving landscape of American democracy.

BigTentUSA is a moderate, inclusive, and collaborative community empowering citizens to take action to protect democracy, defend women’s rights, and protect our children. Join our free educational series of events and our calls to action detailed and updated regularly on our website.

Please use this link to register! 

---

Focus for Democracy analyzes how to maximize contributions

Want evidence-based analysis on how your contributions can win the MOST votes? Join Focus For Democracy’s next Zoom briefing. Using randomized control trials and meta-analysis, F4D’s expert evaluators rigorously examine the results and best tactics for turning out the votes we need to protect our democracy. In this briefing, they’ll tell you about organizations that enable your contributions to produce many times more votes than you could with donations elsewhere.

Thursday, April 25th
5:00pm PT / 8:00pm ET

Register here: http://tinyurl.com/F4D25Apr

---

Concluding Thoughts

Although the case against Trump is getting stronger, it is not yet complete. Many commentators (and critics) are responding to each new fact or revelation by saying, “So what? That’s not a crime.” Such comments betray an ignorance of the law and trial procedure.

The prosecution alleges that Trump engaged in an illegal conspiracy. While individual acts may have been lawful, if the object of the conspiracy was illegal, the individual steps in furtherance of the conspiracy are not required to be illegal in and of themselves. But when combined, if the acts advance the conspiracy (and the prosecution proves the requisite intent), Trump can and should be found guilty.

My simple point is this: It is too early in the trial to judge whether the prosecution has met its burden. That judgment can and should be made only after the close of evidence and the jury is instructed as to the law. But the media has airtime to fill and ink to spill, so they fill the available space with speculation.

If you are looking for a single takeaway from the trial on Tuesday, it is that the prosecution is presenting a strong case in a competent and fair manner. Trump's lawyers are struggling under the burden of uncontested facts and an uncontrollable client. Although neither of those factors guarantees a particular outcome, they make a finding of guilt more likely with each passing day—subject, of course, to the possibility of a rogue juror acting to nullify a verdict. All in all, you would much rather be in the prosecution’s shoes than Trump's.

Talk to you tomorrow!