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    Mark Joseph Stern and Dave Weigel: A Bad Day for Jack Smith

    en-usApril 25, 2024

    Podcast Summary

    • Supreme Court Skeptical of Trump Indictment During OfficeThe Supreme Court showed skepticism towards the prosecution's case against Donald Trump for conduct committed while in office, with some justices suggesting it may be unconstitutional, potentially delaying or halting the trial indefinitely.

      The Supreme Court hearing for special counsel Jack Smith's case against Donald Trump did not go well for the prosecution. Five justices, including Brett Kavanaugh, Sam Alito, and Clarence Thomas, expressed skepticism towards the prosecution, suggesting that it may be unconstitutional for a sitting president to be charged for conduct committed while in office. Justice Amy Coney Barrett proposed a compromise position, but even this would mean significant delays and potentially another appeal to the Supreme Court, likely ensuring that the case won't go to trial this year or even next year. The questioning from the justices, particularly from the conservative bloc, was seen as a grave concern for the future of holding Trump accountable for his actions related to the January 6th Capitol attack. While some hope remains for a decision that allows for accountability, the overall sentiment from the hearing was not promising.

    • The distinction between official and private acts of a president may not be clear-cutJustice Kagan questioned the neat distinction between official and personal acts, as Trump's actions leading up to Jan 6th attempted to overturn a free election, potentially leading to a fractured court opinion and delays in lower courts.

      The distinction between official and private acts of a president may not be as clear-cut as some might think, especially when it comes to actions that attempt to overturn a free and fair election. During the Supreme Court argument regarding the prosecution of Donald Trump, Justice Elena Kagan pointed out that the idea of a neat distinction between official and personal acts can lead to absurd results and confusion. Trump's actions leading up to January 6th, 2021, showed him fully acting outside the bounds of a normal office holder, attempting to stage a coup. The hope is for a clear rule from the court, but a fractured opinion with different ideas may lead to more delays in the lower courts. Justice Alito's argument for immunity to encourage peaceful transfers of power was met with skepticism, as many acknowledge the illegality or criminality of Trump's actions.

    • Supreme Court's impartiality questioned amidst Clarence Thomas' wife's involvement in election effortsThe ongoing legal proceedings involving Trump's actions leading up to the Capitol insurrection have raised concerns about potential conflicts of interest within the Supreme Court, specifically regarding Clarence Thomas' role in cases related to Trump's potential accountability, as his wife was reportedly involved in efforts to overturn election results.

      The ongoing legal proceedings surrounding former President Trump's actions leading up to the Capitol insurrection on January 6, 2021, have raised serious concerns about potential conflicts of interest and bias within the Supreme Court. Clarence Thomas' wife, Ginni Thomas, was reportedly involved in efforts to overturn election results and pressure state legislatures to appoint fake electors. Despite this, Clarence Thomas may hold the decisive vote on cases related to Trump's potential accountability. Furthermore, Trump's lawyers previously argued against his conviction in the Senate, stating that it was necessary for him to be able to face criminal charges. However, they now argue that a conviction is a prerequisite for such charges. The conservative justices' minimization of the events of January 6 and questioning of the legitimacy of obstruction charges against rioters and Trump himself have been criticized as living in a "Fox News universe." The future of Chief Justice Roberts' influence on the court remains uncertain as he navigates the pressure from his conservative colleagues.

    • Amazon's relentless innovation vs. new nationalism in US politicsAmazon's innovation drives convenience and competition, while US politics debates America's global role

      Amazon's success over the past three decades can be attributed to its relentless innovation to make consumers' and small businesses' lives easier and more convenient. This has led to lower prices, increased competition in retail, and the success of millions of small businesses. On a different note, President Joe Biden's recent statement emphasizes America's role as an indispensable nation, standing up for what is right and shaping global events. This contrasts with the new nationalism faction within the Republican Party, which advocates for shrinking America's role in foreign policy and relying less on international alliances. The election's outcome will significantly impact America's stance on the global stage.

    • Biden's agenda faces criticism and skepticismDespite evidence of support, Biden's infrastructure and foreign policy agendas face opposition and negative narratives, with some Republicans promoting Trump-style alternatives and using effective optics to shape public perception

      The Biden administration's agenda, particularly on infrastructure and foreign policy, is facing skepticism and criticism from some quarters, including within the Republican Party. Critics argue that the Democrats' approach is misguided or ineffective, and that a Trump-style alternative would be superior. This narrative is gaining traction, despite evidence that Biden's policies have support among certain voter groups. Some Republicans are also using optics to their advantage, staging events that show Trump engaging with "real" workers or union members, while portraying Biden as out of touch or ineffective. These tactics can be effective in shaping public perception, particularly in an era where viral clips and social media can overshadow more nuanced coverage. Ultimately, the success of the Biden administration's agenda will depend on its ability to effectively communicate its goals and achievements to the American people, and to counteract negative narratives and optics from opponents.

    • Pennsylvania primary results signal shift in voter behavior and political landscapeNikki Haley's success in Pennsylvania's closed primary can be attributed to a decline in anti-Biden sentiment and an increase in direct action from progressive activists, signaling a shift in voter behavior and the political landscape.

      The recent primary results in Pennsylvania, specifically Nikki Haley's performance in a closed primary, signals a shift in voter behavior and the political landscape. Haley's strongest support came from areas where Republicans have historically voted, but have been leaning towards Democrats in recent elections. These voters, who have previously had to choose between unpopular Republican nominees, did not represent new gettable voters for Biden. Instead, Haley's success can be attributed to the fact that these areas have seen a decline in anti-Biden sentiment and an increase in direct action from progressive activists. The protest vote against Biden seems to have plateaued, and Democrats are now more concerned about the rise of direct action. Despite feeling out of my element in the progressive activist world, I've observed that the progressive movement has evolved significantly since the Obama years. The Netroots activists of 2007 were largely suburban Democrats and white liberals, but the current progressive movement is more racially diverse and focused on systemic change rather than policy changes. The voters who supported Elizabeth Warren are generally content with Biden's presidency, but the ongoing protests and direct action demonstrate that the progressive movement remains a significant force in American politics.

    • The Progressive Movement's Evolution and Its Diverse PrioritiesThe progressive movement has evolved from a web log creator group to a hub for various progressive organizations, with a growing focus on identity politics. Some activists have become more adversarial towards the Biden administration, particularly on the Israel and Gaza issue, while others remain engaged on climate change.

      The progressive movement, represented by organizations like Netroots and Sunrise, has evolved significantly over the years. What started as a group for web log creators has grown into a clearing house for various progressive groups, with identity politics becoming a larger focus. This movement gained notoriety for bringing candidates to the stage who were met with protests, including Bernie Sanders and Martin O'Malley. However, with the Biden administration bringing in more progressive ideological folks, some activists have become disillusioned and are now more adversarial. The relationship between these activists and Biden feels different than it did with Obama. One issue that has contributed to this shift is the focus on Israel and Gaza. Progressive groups, particularly those with younger memberships, have pivoted to make this the central mission. Many of these organizations have been moving towards opposition to the Biden administration on this issue, demanding action. Meanwhile, other progressive groups, like those focused on climate change, are still engaging with the administration. This contrast illustrates the diverse priorities and approaches within the progressive movement.

    • Tension between pro-Israel and pro-Palestinian wings of Democratic PartyOutside groups spent heavily to unseat a progressive Democrat seen as critical of Israel, but she was able to secure her seat, highlighting the ongoing debate over Israel policy within the Democratic Party

      The political landscape is complex, particularly when it comes to the Democratic Party and its stance on Israel. AOC's comments and actions have highlighted the tension between those who want to maintain the status quo and those pushing for change. The primary race between Summer Lee and her opponent in 2022 is an example of this tension, with outside groups spending heavily to try and unseat a progressive Democrat seen as critical of Israel. Despite these efforts, Summer Lee was able to secure her seat and position herself as a normal Democratic incumbent who disagrees with the party on one major issue. Looking ahead, other primaries featuring squad members Cori Bush and Jamaal Bowman are also expected to be competitive. Overall, the debate over Israel policy within the Democratic Party continues to be a contentious issue, with both sides making their cases and trying to sway public opinion.

    • Politicians with controversial views on Israel face backlash in primariesDemocratic and Republican politicians with past actions or statements on Israel are facing opposition in primaries, making careful political maneuvering and messaging crucial in today's climate.

      The political landscape in certain districts, particularly those with members who hold controversial views on Israel, is causing concern for both Democratic and Republican parties. In the Democratic Party, politicians like Jamaal Bowman and Cori Bush have faced backlash for their past actions and statements, making them vulnerable in upcoming primaries. On the Republican side, members who voted for Ukraine aid are facing a similar situation, with opponents running hard against them for allegedly prioritizing foreign aid over domestic issues. These controversies, while not new, have made these politicians targets for opposition research and negative campaigns. For instance, Bowman's past actions, such as pulling a fire alarm and lying about it, have made him unpopular among the Democratic base in Westchester County. Similarly, Carol Miller and Don Bacon, Republicans who voted for Ukraine aid, are facing opposition in West Virginia and Nebraska, respectively, with opponents accusing them of prioritizing foreign aid over domestic concerns. Overall, these controversies have made these politicians vulnerable in their respective primaries, highlighting the importance of careful political maneuvering and messaging in today's political climate.

    • Primary campaigns in the U.S. have distinct differences between Democratic and Republican partiesDemocratic primaries emphasize productivity, competence, and addressing issues, while Republican primaries focus on supporting Trump and attacking opponents.

      The tone and approach of primary campaigns, particularly in the U.S., differ significantly between the two major parties. On the Democratic side, the focus is on productivity, competence, and addressing key issues like healthcare and gun control. In contrast, Republican primaries often revolve around being the most ardent supporter of former President Trump and attacking opponents' past statements or actions. Additionally, there seems to be a slight advantage for women and non-white candidates in Democratic primaries. Republican primary ads, on the other hand, tend to be Trump-centric and focused on being the candidate who will "blow up Washington." This dynamic was discussed in relation to the ongoing Texas primary race between Tony Gonzalez and Brendon Herrera, where the Ukraine issue has become a significant point of contention. Despite these differences, both parties continue to engage in intense primary battles.

    • Protestors wear masks for COVID-19 and privacy reasonsProtestors mask up for COVID-19 safety and privacy, with legal clinics and lawmakers recognizing the new right to anonymity during protests

      Protestors at demonstrations during the 2020 Democratic National Convention were wearing masks for multiple reasons. While some were concerned about COVID-19 and the potential risks, others were motivated by privacy concerns and the fear of being doxxed or identified, leading to harassment. The National Lawyers Guild, which acts as a legal clinic for left-wing protests, advised the use of masks to protect protesters' identities. With the onset of the COVID-19 pandemic, laws regarding mask-wearing in public have evolved, allowing for greater privacy and anonymity during protests. This new right to privacy, as recognized by legal clinics and lawmakers, has become a common practice among protestors. If you're planning to attend a protest and wish to conceal your identity, consider wearing a mask or other protective gear to ensure your safety and privacy.

    • Personal experiences and emotions surrounding masks and controversial news sitesDespite the end of certain pandemic measures, personal experiences can evoke strong emotions and negative associations. The demise of controversial news sites can bring excitement and relief, encouraging support for credible sources.

      Personal experiences, such as wearing an N95 mask, can evoke strong emotions and negative associations, even when the situation no longer requires it. The speaker shares how seeing someone wearing an N95 mask outdoors brings back unpleasant memories from the past. On a different note, the speaker expresses excitement about the demise of the Gateway Pundit, a controversial news site, and encourages listeners to sign up for Dave Weigel's Americana newsletter instead. The speaker reflects on their own experiences and the collective efforts to challenge anti-democratic forces, expressing relief and satisfaction in moving forward. The podcast is produced by Katie Cooper and edited by Jason Brown.

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