The Verdict: $83 Million

So will he learn to shut up now? The jury took less than three hours to deliberate. I want to know if the three hours included lunch Just curious.

Nicole Lafond at Talking Points Memo:

After deliberating for less than three hours, the jury in the E. Jean Carroll civil trial against Donald Trump has determined that the former president must pay the writer $83.3 million in damages for defaming her in 2019 when she came forward accusing him of sexually assaulting her in the 1990s. 

Broken down, the jury determined Trump must pay $11 million in compensatory damages for a reputation repair program, $7.3 million in compensatory damages outside of the reputation program and $65 million in punitive damages. …

… The $83.3 million is in addition to the $5 million in damages a separate Manhattan jury awarded Carroll in May 2023 when the jury found Trump liable for sexually abusing and defaming Carroll —  $2 million in damages for her civil battery claim and nearly $3 million for successfully proving her defamation claim against the former president. Today’s damages verdict is related to a separate lawsuit the writer filed against Trump for defaming her in 2019.

Trump is pissed. More to come.

Update: I’m learning that in order to file an appeal, Trump has to come up with the money to pay the penalty. From the New York Times

Mr. Trump can pay the $83.3 million to the court, which will hold the money while the appeal is pending. This is what he did last year when a jury ordered him to pay Ms. Carroll $5.5 million in a related case.

Or, Mr. Trump can try to secure a bond, which will save him from having to pay the full amount up front.

A bond might require him to pay a deposit and offer collateral, and would come with interest and fees. It would also require Mr. Trump to find a financial institution willing to lend him a large sum of money at a time when he is in significant legal jeopardy.

So this is going to hurt him now. It’ll be fun to see what he does. On MSNBC somebody pointed out that Trump Tower was appraised at just about $83 million.

 

Trump Is Terrified Out of His Wits

After his New Hampshire win, which was a solid win but not quite as big a win as polls projected, Trump’s “victory speech” was mostly a temper tantrum aimed at Nikki Haley. Haley had spoken first and had delivered a pretty good “we really won by coming in second” address, which is practically traditional after New Hampshire primaries. But where a traditional politician who had actually won would have delivered something rousing to his audience, Trump spat venom at Haley. Steve Benen, who also noted the irony

Reflecting on his reaction to the former ambassador’s remarks, Trump told supporters, “I said, wow, she’s doing a speech like she won. She didn’t win. She lost. Let’s not have somebody take a victory when she had a very bad night. She had a very bad night.

It was quite a speech. During relatively brief remarks, the likely GOP nominee not only slammed Haley for appearing pleased about the primary results, he also referenced unnamed Haley scandals that “she doesn’t want to talk about” and even took aim at her attire.

“You can’t let people get away with bull—-,” Trump added. “And when I watched her in the fancy dress that probably wasn’t so fancy, I said, ‘What’s she doing? We won.’”

The former president concluded, “I don’t get too angry, I get even.”

On his social media platform, he was every bit as agitated, condemning Haley as “DELUSIONAL!!!” for sticking around after losing. He added, “Could somebody please explain to Nikki Haley that she lost — and lost really badly.”

For good measure the former president wrote, “NIKKI CAME IN LAST, NOT SECOND!”

Like the man said — oh, the irony. Note that polls had put him up by 20 points, and instead the margn of victory was about 11 points. Most politicians would have accepted the victory without having an emotional meltdown, though.

Today CNBC is reporting that Trump let it be known he will “blacklist” all Haley campaign donors. He wrote on “Truth Social,”

When I ran for Office and won, I noticed that the losing Candidate’s “Donors” would immediately come to me, and want to “help out.” This is standard in Politics, but no longer with me. Anybody that makes a “Contribution” to Birdbrain, from this moment forth, will be permanently barred from the MAGA camp. We don’t want them, and will not accept them, because we Put America First, and ALWAYS WILL!

Somehow I think he will still take the big checks, but whatever. And then he turned on Kayleigh McEnany because she very mildly and obsequiously suggested that he needs to pay attention to the Republicans and independents who didn’t vote for him before the general election. Huffpost:

McEnany, now a Fox News host, had offered Trump some compliment-laden advice during the network’s primary analysis. She suggested he should think ahead to the general election and recognize that there is a segment of Republican and independent voters that he has not captured.

“President Trump, I would go home tonight, I’d go to my victory party, I would celebrate, I’ve made history yet again. But then I’d go home and I’d look under the hood,” she said.

Trump threw a fit.

“I don’t need any advice from RINO Kayleigh McEnany on Fox,” Trump wrote in a post on his Truth Social platform late on Tuesday, using an acronym for “Republican in name only.”

“Just had a GIANT VICTORY over a badly failing candidate, ‘Birdbrain,’ and she’s telling me what I can do better. Save your advice for Nikki!” he added.

I’m looking at this behavior and seeing an outraged, and terrified, six-year-old. Trump doesn’t seem to know how to hide his feelings. Most people his age — indeed, a third his age — have learned how to smile their way through a rough patch when it’s called for. Trump has always gotten his way by being the biggest asshole in the room, and that’s all he knows. And his behavior tells me he’s scared out of his wits. I’d love to know what his blood pressure has been up to lately.

I’m even reading that Trump’s rallies are getting tired and monotonous. People who waited on line in freezing temperatures to be there are walking out early. His groupies aren’t going to leave him for not updating his act, I don’t think. But he’s not going to bring anybody on board who wasn’t there already. See also Josh Marshall, Swagger and Menace: The Story of Mr. 50%. And see also Chris Hayes —

There’s also a new Biden campaign ad featuring Trump gaffes, which seem to be happening more frequently. More indication of mental/emotional deterioration, I say.

The E. Jean Carroll trial resumed today, and Trump is in the courthouse. Carroll’s lawyers have rested their case, so now it’s the defense turn. There is talk of Trump testifying, but that hasn’t been decided.

Update: Trump took the stand very briefly. This is from the New York Times

A lawyer for Mr. Trump, Alina Habba, asked the former president whether he stood by his remarks, in which he called Ms. Carroll a liar.

“100 percent, yes,” Mr. Trump said. “She said something I considered a false accusation.”

The judge struck that statement, and Ms. Habba asked Mr. Trump whether he intended to hurt Ms. Carroll. He said no. “I just wanted to defend myself, my family and, frankly, the presidency,” Mr. Trump added.

The defense quickly rested.

The sole issue facing the nine-member civil jury is how much money, if any, Mr. Trump must pay Ms. Carroll in damages for defaming her in June 2019 after she first publicly accused him, in a book excerpt in New York Magazine, of attacking her. She has already won a civil verdict over her assault claim.

The cross-examination was similarly brief: Ms. Carroll’s lawyer, Roberta Kaplan, asked only a couple of questions. She asked if this was the first trial he had attended where Ms. Carroll was the plaintiff. He said yes. She then asked if he listened to the advice of counsel at the last trial, prompting an objection from the defense.

Mr. Trump’s testimony came only after the judge in the case, Lewis A. Kaplan, quizzed Ms. Habba on what he would say — an effort to ensure he did not stray beyond the scope of the case at hand. Mr. Trump appeared upset with the limitations; at one point before the jury entered the courtroom, he raised his hands and said, “I never met the woman. I don’t know who the woman is.”

The former president appeared calm during his brief testimony, but after Judge Kaplan dismissed the jury, he loudly complained, “This is not America.”

Also, too: I guess lots of people beside Nikki Haley are confused about the cause of the Civil War. Some of these people don’t seem to have heard of the Civil War.

Update: Peter Navarro sentenced to four months.

Well, Now We’re Past New Hampshire

I’ve been waiting to see if anything interesting might happen in New Hampshire, but it doesn’t seem Haley is making it close enough to be interesting, and Trump is projected the winner just 16 minutes after the polls close. Haley is speaking now and is saying  I’m not losing as much as they said I would, so I am staying in the race. We’ll see. She’s an empty suit if there ever was one, but it would have been nice if Trump’s march to his coronation had hit a speed bump.

Meanwhile, here’s some good news — No Labels Sued by New York Donors Claiming ‘Bait and Switch’ by Maggie Haberman at the New York Times (no paywall).

Two members of the powerful Durst real estate family in New York have sued the centrist group No Labels, accusing it of pulling a “bait and switch” by seeking donations for a bipartisan governing group and then moving to fund a third-party presidential candidacy.

The breach of contract and “unjust enrichment” suit was filed in New York State Supreme Court on Tuesday by the chairman and president of the Durst Organization, Douglas and Jonathan Durst, who are cousins. It seeks damages and reimbursements after the Dursts donated $145,000 years ago, when No Labels was founded on the promise of finding governing solutions.

No Labels has been getting ballot access on behalf of a third party presidential ticket yet to be named. I keep hearing that Joe Lieberman is behind this. Once a weasel, always a weasel. Maybe this lawsuit will slow them down.

See also The New Republic, New Transcript Blows Up James Comer’s Entire Hunter Biden Argument. Comer has had so much blow up in his face it’s a wonder he still has a head.

Greg Sargent is now writing for The New Republic. Here he shreds Elise Stefanik. Enjoy.

How Late-Stage Capitalism Eats Itself

Here’s something completely different — the parent company has laid off the entire staff, or most of it, of Sports Illustrated, apparently.  SI is the most widely read sports publication in the U.S., with an average audience of 40.86 million, and it’s about to go under. The cause seems to be massive incompetence on the part of the publisher. See Greed Killed Sports Illustrated at New York Magazine.

The publisher is a company that bought the magazine in 2019 and, as they say, ran it into the ground. For example:

In February, management laid off the magazine’s sports editors, one employee told me. “Genuinely, everyone looked around at each other and said, ‘What do we do when one of the NBA writers files something when the editor was just fired?’ And that repeated over and over, in every sport. Like, you guys, I don’t know if you’ve read the title of our publication.” 

It’s certainly possible SI could be resurrected, but not without a staff. But this is an old, sad story. I saw variations of it when I was in publishing. What essentially happens is that the people who occupy the big offices and make the big decisions that impact how the work gets done are nearly always people with backgrounds in finance or marketing but no hands-on experience making the product. And they make stupid decisions that hobble productivity. The problems caused are not necessarily bad enough to sink the company, but it does hold the company back. And nearly always everybody who has worked for very long in the production, editorial, and manufacturing departments could tell you how workflow and cost efficiency could be improved, but the Big Shots don’t listen. From time to time they’d hire consultants who’d swoop around for a day or two and then make more stupid decisions that had to be undone eventually because deadlines were being missed. I saw it over and over again in the industry.

Boeing has been back in the news lately, and that’s another example. I wrote back in 2019,

Basically, the 737 Max is the plane built by MBAs and financial experts instead of engineers; the fruit of popular business theory. The flaws are bigger than just glitchy software. The creation of the plane from inception to crash was marked by corner-cutting and disregard for engineering and production skill.

For more, do see Will Bunch at the Philadelphia Inquirer. I had not realized that the Great Honking Idiot Elon Musk had publicly blamed the Boeing door plug incident on diversity hiring. Musk hasn’t noticed what a joke he is now, I take it. Will Bunch:

But then, you don’t need to be some kind of corporate Sherlock Holmes to sleuth out the real culprit at Boeing: the surrender of an engineering-driven, safety-oriented culture to one dominated by cost-cutting and a quarterly profit mentality aimed at boosting shareholder value above all else. Since the dawn of the 21st century, Boeing has been led by protégées and acolytes of the legendary and also notorious late GE boss Jack Welch, who pioneered the managerial philosophy of steering dollars toward investors and away from other stakeholders — including customers like the hapless souls who clung to their dear lives aboard Flight 1282.

The 346 people killed aboard Lion Air Flight 610 and Ethiopian Airlines Flight 302 were not so lucky. Despite Boeing’s initial attempt to blame the pilots, it soon became clear that an engineering flaw led to the twin crashes, and that shoddy practices and a penny-wise and pound-foolish decision to redesign its old 737s, instead of spending the $20 billion on designing a new class of jetliners from scratch, was largely to blame. And yet Boeing seems to have learned little from that fiasco.

After the Alaska Airlines door plug landed in an Oregon family’s backyard earlier this month, the Lever reported that the subcontractor that made the faulty part and had been spun off from Boeing, Spirit AeroSystems, is facing a federal lawsuit from former employees. They charge that cost-cutting, including major layoffs in 2020, triggered production problems, yet executives ignored their warnings of “an excessive amount of defects.”

Simply put, it wasn’t “a Black guy” — or a slew of Black guys, or women, or any other nonwhite hires — behind the new wave of airline safety concerns. It was the shortsightedness of late-stage capitalism.

Do read the whole article. And speaking of diversity programs, do read ‘America Is Under Attack’: Inside the Anti-D.E.I. Crusade by Nicholas Confessore at the New York Times. And then read Inside the Heritage Foundation’s Plans for ‘Institutionalizing Trumpism’ by (no paywalls).

Update: Rhonda Santis dropped out of the race, ABC says.

Texas and the Second Nullification Crisis

Texans are fantacizing that Biden is about to wage war on Texas. Someone produced an audio clip purported to be the President caught on a “hot mic” saying “We’re going to make sure those cowboys don’t stop the surge of military-aged men from entering. If we have to send F-15s to Texas there and wage war against Texas, so be it.” This was, of course, fake. But it went viral anyway. Other rumors about Biden punishing Texas are flying fast.

This is about Texas taking over control of part of the border with Mexico and not allowing federal Border Patrol access to it. Greg Abbott should be happy that nice-guy President Joe Biden is in the White House now, and not Andrew Jackson. When South Carolina threatened to nullify a tariff it didn’t like, President Jackson considered it treason. “Tell … the Nullifiers from me that they can talk and write resolutions and print threats to their hearts’ content,” Jackson said. “But if one drop of blood be shed there in defiance of the Laws of the United States I will hang the first man of them I can get my hands on to the first tree I can find.”

South Carolina met in convention and voted to not collect the tariff. The state passed an Ordinance of Nullification that prohibited the collection of federal tariffs at South Carolina ports, to go into effect on February 1, 1833. The state also authorized raising an army and appropriated money to do so. Jackson let it be known he would have 50,000 troops ready to march on South Carolina in a little over a month. At the same time, he also asked Congress to lower the tariff a bit more to avoid violence.

Congress began to debate a modified tariff, but it also passed a Force Bill that authorized Jackson to do whatever it took to collect tariffs. Jackson let it be known he could have 200,000 troops in South Carolina by February 1. South Carolina appealed to neighbor states for support, but got no help. In the end Congress did modify the tariff, and South Carolina stopped the nullification before it went into effect.

Andrew Jackson did some dispicable things in his life, but one imagines that another president — I’m thinking Franklin Pierce or James Buchanan — would have flapped about helplessly and allowed South Carolina to nullify federal law. And by now the nation would have crumbled to pieces. But let’s get back to present-day Texas.

The latest:

The Biden administration has given Texas until the end of Wednesday to stop blocking the US Border Patrol’s access to 2.5 miles along the US-Mexico border that includes the area where a woman and two children drowned after state authorities last week barred federal agents from the zone, according to a Department of Homeland Security letter Sunday exclusively obtained by CNN.

The letter to Texas’ Republican Attorney General Ken Paxton says the state’s actions “have impeded operations” and are unconstitutional, and it cites the deaths – among the latest in the ongoing migrant crisis – near a city park abutting the Rio Grande in Eagle Pass where state authorities have erected fencing and kept out federal agents.

“Wednesday” was this past Wednesday, January 17. Texas did not comply. As I understand it, Abbott is using Texas National Guard as well as law enforcement officers in this mess.

CNN today:

Texas authorities arrested migrants at Shelby Park in Eagle Pass, Texas, late Wednesday evening and charged them with criminal trespassing, marking the first arrests of migrants since the state took control of the area at the US-Mexico border last week, an official said.

Mark Joseph Stern at Slate:

Texas Gov. Greg Abbott is inciting a conflict between Border Patrol and the state’s National Guard that is inching closer and closer toward a violent clash between armed agents of state and federal law enforcement. The governor, as commander in chief of the Texas Guard, has directed his soldiers to block Border Patrol’s access to migrants, physically preventing federal officers from performing the duties assigned to them by Congress and the president. Abbott has received key assistance from the U.S. Court of Appeals for the 5th Circuit, which cleared the way for him to obstruct federal border enforcement.

Tensions on the ground are escalating by the hour, as the Texas Guard—emboldened by the 5th Circuit—is wiring off an ever-greater portion of the border. The Guard is refusing entry to all federal law enforcement and to active duty service members. Even in an emergency, like the potential drowning of a migrant, the Texas Guard will not let federal officers or service members through to the border. If the Supreme Court does not reverse the 5th Circuit very soon, there is a real possibility that Abbott’s partisan stunt will spiral into open battle between the state and federal governments.

The current dispute is yet another consequence of Operation Lone Star, Abbott’s cynical effort to usurp authority over immigration from the Biden administration. It’s also symptomatic of the failure of our judiciary and the Supreme Court’s inability, or lack of desire, to check radical Trump-placed judges below it that issue far-right rulings with devastating consequences for democracy and human rights. The multibillion-dollar “operation” in question here directs Texas Guardsmen and state troopers to police the southern border and arrest migrants who cross over without authorization. It has utterly failed to reduce unlawful border crossings, though it has produced egregious acts of cruelty toward migrants; guardsmen have tried to drown these individuals, deprived them of water, and left them to suffer heat exhaustion in the tangle of razor wire set up by the state.

Unlike Andrew Jackson, President Biden can’t count on help from Congress. The Senate has been working on a bill to provide funding for more border security as well as for Ukraine and Israel. This bill has bipartisan support. But of course the wackadoos in the House are already against it. They’ve all talked to “the President,” by which they mean Donald Trump. Trump doesn’t want them to pass a border bill that might make Joe Biden look good.

Trump has recently told confidants in influential conservative media and political circles that “stupid” Republicans, particularly “RINOs” in the Senate, seem eager to hand Biden a win as he’s sunk in 2024 polls, and that GOP lawmakers shouldn’t be doing Biden any favors right now, a source familiar with the matter and another person briefed on it tell Rolling Stone. In essence, Republicans are concerned that approving a border deal could potentially benefit Biden in an election year when he’s expected to face off against an ascendant Trump.

Late Wednesday night, Trump wrote on Truth Social that Republicans should reject a border deal “unless we get EVERYTHING needed to shut down the INVASION of Millions & Millions of people, many from parts unknown, into our once great, but soon to be great again, Country!” 

Some Republican politicians are echoing Trump’s sentiment that the party shouldn’t be doing anything to benefit Biden, all but openly saying that a bipartisan deal for harsher asylum and border restrictions is a bad idea because it would deliver a vulnerable president a political victory. 

Earlier this month, Rep. Troy Nehls (R-Texas) told CNN that he’s “not willing to do too damn much right now to help a Democrat and to help Joe Biden’s approval rating. …I will not help the Democrats try to improve this man’s dismal approval ratings. I’m not going to do it. Why would I?” Nehls also shouted “Trump 2024, baby!” when asked last month what he hoped to gain from impeaching President Joe Biden, in a video obtained by Rolling Stone last month. 

Senate Republicans have been trying to tell the House Republicans that even if Donald Trump gets back into the White House, they won’t get everything they want.

“To those who think that if President Trump wins, which I hope he does, that we can get a better deal — you won’t,” Sen. Lindsey Graham, R-S.C., told reporters Wednesday. “You got to get 60 votes in the United States Senate.” 

“To my Republican friends: To get this kind of border security without granting a pathway to citizenship is really unheard of. So if you think you’re going to get a better deal next time, in ’25, if President Trump’s president, Democrats will be expecting a pathway to citizenship for that,” he said. “So to my Republican colleagues, this is a historic moment to reform the border.”

Miz Lindsey: You might as well teach physics to a duck. I’m not sure Johnson-Greene-the rest of them have more than two brain cells to rub together. And here we are.

 

Trump’s Courtroom Stragegy

Commentary on Trump’s juvenile performance at the E. Jean Carroll trial yesterday has mostly focused on how much it’s going to cost him in damanges. But as Emptywheel points out, this performance was planned. He wasn’t behaving like a spoiled brat because he lacks self-control. It was part of a pre-arranged strategy. One suspects it is a colossaly stupid strategy, but it’s a strategy nonetheless.

Clue: On Monday Trump’s fast-talking lawyer Joe Tacopina abruptly withdrew from this case and from the the criminal “hush money” trial. Tacopina has not said why he did this. I suspected that Trump was demanding he do something in court that would shred the rest of his legal career. That appears to be the case.

Clue: Emptywheel noticed that “Truth Social” posts in Trump’s name were being posted while he was sitting in the courtroom. Without his phone. These were either pre-written and scheduled to post during the trial, or someone on his staff was authorized to write and post them. The “truths” all defamed Carroll some more and griped about Judge Kaplan.

One assumes that Trump thinks this is helping him in his presidential campaign, to persuade his groupies that he is being unfairly prosecuted/persecuted. They were alread persuaded, I suspect, but Trump thinks he needs to keep this scam going. He’s clearly not viewing his legal problems as legal problems but as campaign opportunities. He’s already burned any hope of being treated leniently in the E. Jean Carroll case.

With Tacopina gone, Trump was represented by the hopelessly bumbling Alina Habba. The judge rebuked her fourteen times yesterday. See also Alina Habba’s 5 Worst Horror Show Moments in Court. Some of this bumbling may be incompetence, but I’m betting some of it is her just following Trump’s orders. See, for example, Did Alina Habba Pay Attention in Law School? at The New Republic.

On Thursday, Habba got into another kerfuffle with Kaplan when she flubbed a line of questioning against Carroll, asking the columnist if she “makes a good amount of money” from her Substack.

“What’s ‘a good amount of money?’” interjected Kaplan, stopping Habba. “This is Evidence 101.”

The outburst is the result of days of questioning by Habba that has at times been redundant, unfounded, or inappropriate, leading to countless objections by Carroll’s legal team and interruptions by Judge Kaplan himself.

In another exchange on Thursday, Kaplan blew past a line of questioning pushed by Habba over Carroll’s Substack subscriber count.

“That was definitely asked yesterday,” Kaplan said.

“Number of subscribers?” Habba insisted.

“Eighteen hundred. Move on,” Kaplan retorted.

So while she may also be incompetent, I suspect she is following Trump’s orders to paint Carroll as an opportunist who is benefiting from the trial somehow. Only Trump is allowed to benefit from trials. And Tacopina resigned from the case rather than make a public fool of himself.

In other news: The most genuinely alarming thing yesterday was that the Supreme Court is getting ready to kneecap the ability of executive branch agencies to set and enforce regulatory policies. Federalist Society dollars at work, folks.

See also: WTF? Or, The Latest on Fani Willis. I don’t want to spend time on the Fani Willis allegations until there is someting resembling fact-based evidence.

Republicans: The Party of Magical Thinking

While we’re waiting to see if anything interesting happens in Iowa tonight, I want to call your attention to something Josh Marshall wrote today.

Keep an eye on how the national press covers this. The White House, as you know, has been under immense pressure to offer concessions to address the continuing large number of migrants coming to the U.S.-Mexico border. Now there’s a bipartisan compromise bill in the Senate. Last night Majority Leader Steve Scalise said that bill is DOA in the House. But Speaker Johnson said something more specific and revealing. He refused to bring up the bill and according to Jake Sherman of Punchbowl said “Congress can’t solve border until Trump is elected or a republican is back in the White House.”

Two things to note here. First, Johnson isn’t saying they won’t consider this bill. He’s saying they won’t consider any bill until Trump is elected. Sherman  appears to have accepted the GOP wording — that “Congress can’t solve [the] border until Trump is elected.” But there’s more here. Johnson is saying openly that they won’t pass any bill until Trump is elected. In other words, however out of control they claim the border is they want to keep it that way through November to use it as a political issue. There’s a bipartisan deal but House Republicans are rejecting it out of hand. That’s not terribly surprising. But your political opponents seldom state it so openly. It’s an opening for the White House. Let’s see if they take it.

I’ve been saying for some time that if Republicans don’t like what’s happening at the border, there is absolutely nothing that’s stopping Republicans in Congress  from writing whatever laws and appropriating whatever money needed to create a better system for border security. I suspect if the plan isn’t too crazy a lot of Democrats would sign on. But nope. The House Republican plan is to impeach Homeland Security Secretary Alejandro Mayorkas. Yeah, that’ll fix it.

It appears a faction of House Republicans (and we know who they are) sincerely believe it is their duty to be sure the government doens’t do a dadblamed thing that requires negotiating with Democrats. Which means Congress is frozen. A tiny House majority by itself cannot pass anything. They are already grumbling about dumping Mike Johnson, I understand. See also Why The World Is Betting Against American Democracy at Politico.

What Happens to Women When the State Decides

Here’s a headline for our sick times.

The Supreme Court is hearing a challenge to a federal law, the Emergency Medical Treatment and Active Labor Act, or EMTALA. This is the act passed in 1986 that requires hospitals that accept Medicare to screen and at least stabilize all emergency patients regardless of ability to pay. They can’t just ship uninsured people in unstable condition off to another hospital, in other words. The people who receive the treatment still get billed for it, but at least treatment is not denied.

“After Roe v. Wade was overruled in 2022, the Biden administration issued guidance clarifying that if a pregnant patient arrives at a hospital with an emergency condition that could only be stabilized with an abortion, the hospital is required to provide that care — regardless of state law,” Rolling Stone reports. But Idaho is challenging this, arguing that states — not the federal government or, heaven forbid, doctors — should decide what emergency treatment women are entitled to receive. The Idaho abortion ban does (in theory) allow for an abortion to save a woman’s life, but as with Texas the language is vague enough to leave doctors guessing as to how close to death a woman has to get before she can have an abortion. If they guess wrong as far as the state is concerned, doctors can face criminal charges, the end of their careers, and prision time.

A bunch of lower courts sided with the feds over Idaho, but on January 5 the Supreme Court lifted the lower court injunction, reinstating the ban until some vague future time when they hear arguments and issue a ruling, in which we assume the majority will still side with Idaho.

No rush, there, justices. It’s not like women are dying or anything. Oh, wait …  See also.

Earlier this week Dahlia Lithwick and Mark Joseph Stern wrote a piece for Slate headlined Republican Officials Openly Insult Women Nearly Killed by Abortion Bans. It begins,

For many years before S.B. 8 passed in Texas and was then swept into existence by the Supreme Court, and before Dobbs ushered in a more formal regime of forced childbirth six months later, the groups leading the charge against reproductive rights liked to claim that they loved pregnant women and only wanted them to be safe and cozy, stuffed chock-full of good advice and carted around through extra-wide hallways for safe, sterile procedures in operating rooms with only the best HVAC systems. Then Dobbs came down and within minutes it became manifestly clear that these advocates actually viewed pregnant people as the problem standing in the way of imaginary, healthy babies—and that states willing to privilege fetal life would go to any and all lengths to ensure that actual patients’ care, comfort, informed consent, and very survival would be subordinate.

As you probably know, one of the ways states were shutting down abortion clinics before Dobbs was to enact absurd “health and safety” building requirements for abortion clinics and only abortion clinics. Lithwick and Stern continue,

A recent filing by the office of Tennessee Attorney General Jonathan T. Skrmetti, a Republican, captures the dynamic all too well. Skrmetti has been fighting a lawsuit filed by a group of Tennessee women denied emergency abortions under the ultranarrow medical exception to that state’s ban. The women plaintiffs suffered an appalling range of trauma, including sepsis and hemorrhaging, because they could not terminate their pregnancies. The attorney general’s response to their complaint is a scathing, shockingly personal broadside against the victims of the ban. He accused them of attempting to draw “lines about which unborn lives are worth protecting” by imposing a medical exception “of their own liking.” He mocked them for asserting that ostensibly minor conditions like “sickle cell disease” might justify an abortion. And he insisted that the lead plaintiff, Nicole Blackmon, lacks standing, because she underwent sterilization after the state forced her to carry a nonviable pregnancy and deliver a stillborn baby. The attorney general viciously suggested that, if Blackmon really wanted to fight Tennessee’s ban, she could have tried for another doomed pregnancy.

Abortion bans are beloved by misogynists. The bans allow women-haters to pretend they ocupy a moral high ground as they abuse and belittle women on a grand scale. This is why there is no reasoning with, or compromising with, them. They will not rest until all abortions are banned, and if women suffer and die they don’t care. As Sarah Jones wrote in New York magazine, “Abortion bans aren’t meant to save lives but to empower the lawmakers who write them. They envision a world with themselves at the top, passing judgment on all those beneath them. A person is disposable because someone in power decides they are such.”

Back to Lithwick and Stern:

Texas Attorney General Ken Paxton and his staff have evinced similar hostility toward plaintiffs in the Lone Star State who brought a nearly identical suit. The lead plaintiff in that case, Amanda Zurawski, was denied an abortion for three agonizing days after her water broke in the second trimester, leading her to develop sepsis; she nearly died in the ICU, and may never be able to get pregnant again. Paxton’s response? Because she might now be infertile—as a direct result of Texas law— Zurawski lacks standing to sue. When the case went to trial, Texas’ lawyers asked profoundly insulting questions of the plaintiffs. “Did Attorney General Ken Paxton tell you you couldn’t get an abortion?” they pressed each woman after pressing them for invasive details about their failed pregnancies. One plaintiff vomited on the stand after recounting her horror story.

These arguments are echoed by red-state attorneys general around the country, like Idaho’s Raúl Labrador, who proclaimed that women forced to carry dangerous, nonviable pregnancies merely “disagree with the legitimate policy choices made by the Idaho legislature.” (Should an Idaho resident suffering excruciating pain from a failing pregnancy drive to the statehouse rather than the emergency room? Labrador seems to think so.) Critically, these lawyers and politicians and activists are gaslighting their real victims. During a hearing over Zurawski’s case at the Texas Supreme Court, Beth Klusmann of the Texas attorney general’s office shifted the blame onto doctors: “If a woman is bleeding,” Klusmann said, “if she has amniotic fluid running down her legs—then the problem is not with the law. It is with the doctors.”

Elements of the abortion criminalization movement for years have claimed there is no actual medical reason ever to get an abortion, and I take it a lot of politicians are refusing to let go of this myth. And that’s because their contempt for women cannot be satiated if they have to show them some consideration and compassion.

Do read all of the Lithwick and Stern piece. Slate usually lets you read a few things for free before they put up the paywall, and if you hit the paywall open it in a private or incognito window. I don’t subscribe and I could read it. This is a powerfully written statement of the box these women-hating politicians have put women into. Women are nothing but incubators to them. The concludion:

If you have opted to move through the political landscape under the view that flawed persons are disposable and potential persons are flawless, the benefit of the doubt will always be afforded to the unblemished, someday rosy-cheeked soul that resides inside of the actual living human with the actual uterus. Indeed, the very instant that the hypothetical perfect babe becomes a real-life, in-the-world girl, a future pregnant woman is also birthed, and she will begin a long journey toward putative moral decay: potential miscarriage, poverty, health challenges, and other ostensible infirmities that will make her too flawed to be trusted to make judgments about her own future pregnancy. The tie will always go to the fetus, perfect in its secret unknown-ness. The mother will never be able to show that she wanted the pregnancy enough, took good enough care, made every correct predictive decision. And as such, the state will happily dismiss her interests as not only irrelevant, but self-serving, greedy, and dishonest. That it’s being said aloud in courtrooms, in pleadings, and in affidavits should not surprise anyone.

The pregnant woman has always been the fallen and the damned. Now, according to red states, it’s acceptable—necessary, even—to ensure that she knows this, from the very moment of conception until the moment she loses the power to make any choices about how she gives birth. Even if she dies, she was forever that which stood in the way of flawless, purest life.

And the Sarah Jones piece at New York magazine is worth reading also, although you have to be more persistent to get through the New York paywall sometimes. This looks at a Texas woman, Yeniifer Alvarez-Estrada Glick, who was murdered by the state of Texas. She suffered from serious health complications through most of her life that went untreated because Texas is one of the worst states in the nation about paying for health care for the poor. Texas still has, as it has had for many years, the highest rate of uninsured people in the nation. When Glick became pregnant her body simply couldn’t sustain the pregnancy. She sought medical help several times, and the Texas health care system pretty much just ignored her, until the day she died before the paramedics could revive her. Doctors reviewing her records have said that if she had received an abortion when she first presented with a clearly disasterous pregnancy, she probably would be alive now. Sarah Jones concludes,

Women, having sinned, cannot be sinned against. Perhaps they got pregnant when they shouldn’t have, or did something to make a pregnancy go south. Maybe Alvarez should’ve worked harder, and pulled herself out of poverty with nothing but personal grit at her disposal. The fault is hers, and hers alone, to these lawmakers. A fetus, though, has yet to fail and thus deserves salvation.

This makes for cruel policy. When it is put into practice, both woman and fetus can die. Alvarez is buried with her daughter Selene, who was delivered by emergency C-section but did not survive her mother’s demise. Abortion bans aren’t meant to save lives but to empower the lawmakers who write them. They envision a world with themselves at the top, passing judgment on all those beneath them. A person is disposable because someone in power decides they are such. Alvarez’s death was preventable, but in its own way, inevitable. There will be more like her as long as conservatives get their way.

I’ve been saying for years (see this post I wrote in 2006, for example) that the difference between the so-called “pro-life” and “pro-choice” opinions isn’t whether one perceives a fetus as a human being, but whether one perceives a woman as a human being.

A One-Man Festival of Stupid

Trump’s stupid, insulting rant at the judge who will be sentencing him in a few days may not have been the dumbest thing Trump said this week. Possibly even dumber was something he said at his Fox News “town hall” Wednesday night that is getting less attention. But you can read about it at The New Republic. Tori Otten writes,

Donald Trump says it’s OK that he got paid by foreign governments while he was president because he was “doing services” for them.

Trump participated in a Fox News town hall Wednesday night instead of the Republican primary debate. At one point, he was asked about a recent congressional report that found he made almost $8 million from nearly two dozen foreign governments during his first two years in office.

“You know, it sounds like a lot of money. That’s small,” he said.

He then said that it was fine he had received so much money because it was payment for accommodation at his various clubs and hotels.

“I was doing services for them,” Trump explained. “People were staying in these massive hotels, these beautiful hotels.”

“I don’t get $8 million for doing nothing.”

The Constitution, of course, says that presidents may receive nothing from foreign governments or monarchs for any reason, without the consent of Congress. Trump never asked for permission. And he clearly doesn’t grasp the principle behind the clause.

But back to yesterday’s courtroom outburst, which I’m sure you heard. This might have made sense if it were a jury trial, but it ain’t. This was real stupid. If I were Judge Engoron I’d be considering how much of a lesson Trump needs to be taught.

But of course the Stupid of the Week, possibly a Stupid for the Ages, was the immunity argument offered to a three-judge panel of the D.C. Circuit Court of Appeals earlier this week. The lawyer in this case, D. John Sauer, is probably not stupid. He was a Rhodes Scholar at Oxford. He got his law degree from Harvard. This suggests he has a brain in his head, somewhere. But then he also served as Solicitor General of Missouri and Deputy Attorney General for Special Litigation in Missouri, I have long suspected there are microbes in the water in Jefferson City that eats people’s brains. I can’t say I remember Sauer from when I was living there, but the state is so infested with political wack-a-doos you need toads flying out of your ears to be noticable.

But assuming Sauer is not stupid, one suspects that the argument he offered to the D.C. Circuit was Trump’s idea, and Sauer by now has realized there is no arguing with Trump. Sauer must expect some serious money from this gig to so seriously fry his reputation as a lawyer. At least the episode has generated some amusing memes.

Earlier this week George Conway wrote for the Atlantic that Sauer had walked into a trap. I suspect Sauer knew the problems with the argument all along. His choices were to talk into the “trap” or resign as Trump’s lawyer. The only one who didn’t see the trap was Trump, and it appears he still doesn’t see it.

Of course, we’re talking about a grown man who thinks magnets don’t work if they get wet.

Trump wouldn’t be the first person who cannot understand the difference between “breaking the law” and “enacting policies I don’t like.” But he should have learned the theme song from the old Baretta teelevision show — don’t do the crime if you can’t do the time.

Let’s Get on With the Trial Already

Trump’s claims for absolute immunity for anything he did as POTUS will be heard tomorrow by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.  Live audio of the oral arguments will be streamed on YouTube. Even more fun, Trump plans to attend the hearings. We’ll see if he can behave himself.

Jumping the gun a tad, Trump’s lawyers filed a motion today asking that Fulton County Superior Court Judge Scott McAfee dismiss the charges pending against Trump in the Georgia election interference case, claiming he had immunity for all that stuff. Yes, badgering a Georgia secretary of state to “find” votes for him is part of his presidential duties, obviously.

In other news, Judge Tanya Chutkan appears to be a victim of “swatting.”

Yesterday ABC News reported that Jack Smith has a lot of previously unreported details about Trump’s refusal to stop the violence on January 6 (do read it all, if you haven’t). Dennis Aftergut writes for Slate,

We already knew about Trump resisting the entreaties of aides, family, and political allies who begged him, once violence began, to immediately call off the dogs of insurrection. He fiddled for 187 minutes while Rome burned.

So what’s new about the evidence that ABC reported Sunday?

Trump’s reported statements are loaded with cruelty, self-interest, and abandonment of allies. It becomes indisputable that he was using his most violent followers to try to override the voters’ will and keep himself in power.

There is also new evidence that ties the Trump campaign directly to the fake electors plot.

So let’s hope the courts get this stupid “immunity” issue out of the way quickly so we can get on with the trial.