Day 1414: "Competing constitutional interests."
Today in one sentence: Trump – citing the language Biden used to pardoned his son – urged a judge to dismiss his 34 felony convictions of orchestrating an illegal conspiracy to influence the 2016 presidential election by falsifying business records; Fox News has avoided reporting on recent allegations of financial mismanagement, sexism, sexual misconduct, and alcohol abuse against Pete Hegseth; Senate Republicans are prepared to allow Trump to fire FBI Director Christopher Wray before his 10-year term expires and replace him with loyalist Kash Patel; Trump "joked" to Prime Minister Justin Trudeau that Canada should become the 51st U.S. state if it can't handle the economic consequences of his 25% tariff on all goods; and the Democratic-led Senate and Republican-controlled House face a Dec. 20 deadline to prevent a government shutdown.
1/ Trump – citing the language Biden used to pardoned his son – urged a judge to dismiss his 34 felony convictions of orchestrating an illegal conspiracy to influence the 2016 presidential election by falsifying business records. “As President Biden put it yesterday, ‘Enough is enough.’ This case, which should never have been brought, must now be dismissed,” Trump’s lawyers wrote. “Biden asserted that his son was ‘selectively, and unfairly, prosecuted,’ and ‘treated differently’ […] ‘raw politics has infected this process and it led to a miscarriage of justice.’” The filing formally demands that New York Supreme Court Justice Juan Merchan throw out Trump’s criminal case and nullify a unanimous jury’s conclusion that Trump committed 34 felonies. Trump’s attorneys also argued that his prosecution disrupts the president-elect’s transition and “threatens the functioning of the federal government.” Manhattan District Attorney Alvin Bragg, meanwhile, suggested postponing Trump’s sentencing until after he completes his second term in 2029, “to balance competing constitutional interests” of Trump’s conviction and his presidential duties. (NBC News / Washington Post / ABC News / CBS News)
- 🎓 WTF is a Presidential Pardon? A presidential pardon is one of the most powerful and controversial tools at the disposal of the President of the United States. Rooted in the U.S. Constitution, it enables the president to forgive individuals for federal crimes, potentially restoring their rights and mitigating the consequences of their actions. This legal mechanism has significant implications for justice, politics, and society.
- 🧩 What’s at stake? At stake is the integrity of the justice system and its ability to prosecute powerful individuals without political bias. A dismissal could embolden future leaders to claim political immunity, eroding judicial independence. Conversely, proceeding with sentencing risks intensifying political polarization and debates over the limits of prosecutorial discretion. The court’s decision will likely have lasting implications for legal norms and the balance of power in American democracy. Ensuring transparency and fairness in this high-profile case is crucial to maintaining public confidence. Future developments will test how the justice system navigates politically charged prosecutions and the separation of powers.
2/ Fox News has avoided reporting on recent allegations of financial mismanagement, sexism, sexual misconduct, and alcohol abuse against Pete Hegseth, Trump’s nominee for defense secretary. Hegseth, an Army veteran but with no Pentagon experience, worked at Fox News for a decade and nearly all of the recent mentions of Hegseth on Fox have been supportive or sympathetic, insulating its conservative audience from two recent reports: Hegseth’s own mother accused her son of being “an abuser of women” who “belittles, lies, cheats, sleeps around, and uses women for his own power and ego.” Penelope Hegseth sent the 2018 email while Hegseth was divorcing his second wife after having an affair with a Fox News executive producer. And a previously undisclosed whistleblower complaint said Hegseth was forced out of the two nonprofit advocacy groups that he ran for financial mismanagement, sexual misconduct, and for being intoxicated on the job. At least 10 current and former Fox employees said Hegseth drank in ways that concerned his co-workers. While no Republican senator has outright opposed his nomination, he is seen as the most vulnerable among Trump’s Cabinet picks. Republican senators have voiced support for adhering to traditional vetting and confirmation procedures for Trump’s nominees, including Hegseth, though discrepancies remain over requiring FBI background checks. Key figures like John Thune and Roger Wicker acknowledged the historical value of FBI checks, but left room for alternative methods. Trump’s transition team, meanwhile, said it had belatedly signed an agreement with the Justice Department to allow the FBI to conduct background checks on people Trump intends to nominate as senior officials in his administration. (CNN / ABC News / Wall Street Journal / NBC News)
- Trump’s Cabinet picks highlight double standards on sexual misconduct allegations. Trump’s nominations for top administration roles include individuals accused of sexual misconduct or enabling abuse, highlighting a stark contrast between Republican indifference to such allegations and their weaponization of baseless accusations against marginalized groups. This double standard reinforces the party’s broader strategy of targeting scapegoats to distract from systemic issues. The indifference toward allegations against conservatives underscores a moral inconsistency central to Trump-era politics, where accusations are seen as politically motivated unless directed at ideological opponents. (The Atlantic)
- Pete Hegseth faces allegations of misconduct, sexual impropriety, and abuse. Trump’s nominee for secretary of defense is facing multiple allegations, including mismanagement of veteran organizations, excessive drinking, and inappropriate behavior, as well as a rape accusation and claims from his mother about abusive behavior toward women. Despite these controversies, Hegseth’s nomination aligns with Trump’s pattern of overlooking personal scandals in favor of loyalty, raising concerns about his fitness to lead the Department of Defense. (Mother Jones)
- Trump offered billionaire investor Stephen Feinberg the role of deputy defense secretary. The decision, pending Senate confirmation, is part of Trump’s effort to build a capable administration amidst concerns that Pete Hegseth, his defense secretary nominee, lacks significant Pentagon experience. Feinberg’s ties to the defense industry, however, could lead to conflicts of interest. (Washington Post)
3/ Senate Republicans are prepared to allow Trump to fire FBI Director Christopher Wray before his 10-year term expires and replace him with loyalist Kash Patel. Patel has promised to purge the FBI of the “deep state,” people he sees as unloyal to Trump. Incoming Majority Leader John Thune said Patel would get a thorough and fair process like all nominees, which includes vetting, confirmation hearing, and one-on-one meetings. Patel served in Trump’s first administration as a staffer for the National Security Council, and was also a senior staffer for Devin Nunes, who repeatedly attempted to discredit the Russia investigation as chairman of the House Intelligence Committee. Patel will need nearly every Senate Republican vote in order to be confirmed. (Politico / Axios / Semafor / Bloomberg)
- Kash Patel has a list of 60 individuals he accuses of being part of a “Deep State” conspiracy against Trump, detailed in his book Government Gangsters. The list includes Democrats, media figures, and even former Trump officials, drawing comparisons to Nixon’s enemies list and raising questions about Patel’s impartiality and fitness for the role. Critics warn his extreme loyalty to Trump, controversial rhetoric, and plans to strip civil service protections signal potential misuse of federal law enforcement for partisan purposes. (Mother Jones / New Republic)
4/ Trump “joked” to Prime Minister Justin Trudeau that Canada should become the 51st U.S. state if it can’t handle the economic consequences of his 25% tariff on all goods. During their meeting at Mar-a-Lago, Trudeau told Trump that the new levies would “kill” Canada’s economy. Trump responded that Canada has failed the U.S. by not fixing the border issues and trade deficit. Trump added that if Trudeau’s country “can’t survive unless it’s ripping off the U.S.,” then Canada should become the 51st state with Trudeau as governor. The U.S. trade deficit with Canada was about $80 billion last year, largely related to crude oil. The U.S. imported more than 1.6 billion barrels last year from Canada – about 60% of U.S. crude oil imports are from Canada. (Associated Press / CBC / Globe and Mail / Fox News / New York Post)
- 💡 Why should I care? As neighbors and significant trade partners, U.S.-Canada relations directly impact industries, jobs, and prices on both sides of the border. Disruptions from tariffs could lead to increased costs for U.S. consumers, particularly in energy and goods sourced from Canada. Additionally, such rhetoric sets a concerning tone for how international disputes are handled, potentially affecting global perceptions of the U.S. and its allies.
5/ The Democratic-led Senate and Republican-controlled House face a Dec. 20 deadline to prevent a government shutdown. Congress is preparing a short-term continuing resolution to push the funding deadline into March 2025, which risks consuming time needed for confirming Trump’s nominees and advancing policy goals, such as tax cuts and border security. Congress also faces a Jan. 1 deadline to raise the federal government’s debt ceiling. The new Congress will be sworn in on Jan. 3. (NBC News / CBS News / Reuters)
✏️ Notables.
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Incoming Senate Majority Leader John Thune plans to introduce a sweeping bill on border security, defense, and energy within the first 30 days of Trump’s presidency. Thune plans to expedite passage using budget reconciliation, which bypasses the Senate filibuster. A second reconciliation package focusing on taxes and other Trump administration priorities is also planned. (Politico)
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Michael Bloomberg urged Senate Republicans to reject Robert F. Kennedy Jr.’s nomination for health secretary. Bloomberg condemned Kennedy’s history of promoting vaccine skepticism and conspiracy theories, citing his opposition to measles vaccinations in Samoa and false claims about COVID-19 vaccines. (New York Times)
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A House Democrat introduced a resolution to force the release of the Ethics Committee’s report on Matt Gaetz. Sean Casten’s motion faces slim chances due to Republican opposition. (Politico)
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The Biden administration announced a $725 million military aid package to put “Ukrainian forces in the strongest possible position” before Biden’s term ends. This aid includes artillery, rockets, air defense systems, Stinger missiles, and anti-personnel landmines. (CNN / Associated Press)
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Trump won 49.97% share of the popular vote – short of a majority. Although it was his highest popular vote percentage across three presidential runs, the popular vote total was the second-closest since 1968. Voter turnout remained historically high at 63.8%, though slightly below 2020 levels. (NPR)
⚖️ Dept. of Hunter Biden.
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Biden issued a full pardon to his son Hunter Biden, citing the need to end politically charged prosecutions and protect his son’s sobriety and mental health amid looming federal sentencing. Biden’s decision marks a reversal of his earlier vow not to interfere in Hunter’s legal troubles, driven by family pressures and concerns about the retributive tone of the incoming Trump administration. While the move reflects Biden’s deep paternal love, it has drawn criticism for tarnishing his political legacy and raising questions about impartiality and political influence in the justice system. (New York Times)
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Hunter Biden’s pardon ignites debate as media focus shifts from Trump’s controversial actions. Critics accuse Biden of undermining the rule of law, while others argue the pardon was a necessary safeguard against potential abuses under Trump. Media coverage of the pardon has overshadowed critical stories, including Trump’s nomination of controversial figures for key positions, reflecting a partisan narrative imbalance that distorts public understanding of modern politics. (Heather Cox Richardson)
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Biden’s Hunter pardon draws criticism as a betrayal of rule-of-law promises. Biden’s pardon of his son Hunter Biden has sparked backlash, with critics calling it a betrayal of his pledge to uphold the rule of law. The pardon, which covers over a decade of potential federal offenses, is seen as a self-serving act that undermines Biden’s credibility and sets a precedent for misuse of presidential power. Defenders argue it counters politically motivated prosecutions, but detractors warn it normalizes further abuses, particularly under the incoming Trump administration. (New Republic)
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Biden’s pardon of Hunter sparks challenges and opportunities for Democrats. Biden’s sweeping pardon of Hunter Biden has created political backlash, amplifying accusations of hypocrisy and undermining Democrats’ criticism of Trump’s misuse of power. While the move complicates Democratic messaging, it presents an opportunity for the party to distance itself from Biden’s unpopular administration. Critics suggest Democrats can leverage the controversy to rebuild their brand by condemning the pardon and refocusing on broader ideals. On a broader scale, reforms to limit presidential pardon powers may emerge as a necessary safeguard to prevent further erosion of public trust. For citizens, this is a moment to demand stronger checks on power and advocate for nonpartisan principles of justice. (Vox)
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Joe Manchin proposed that Biden pardon Trump to create a “more balanced” resolution. “As a father, I don’t know of a father that wouldn’t have done the same thing,” Manchin said. “What I would have done differently, my recommendations as a counsel would have been, why don’t you go ahead and pardon Donald Trump for all his charges? I’m just saying wipe them out.” Manchin’s comments reflect his pragmatic approach to diffusing political tensions, even as Trump’s legal troubles largely abated after his election victory. While Biden defended his pardon for Hunter as addressing selective prosecution, Manchin’s suggestion underscores concerns over the broader perception of fairness and the potential for escalating partisan conflicts. (Rolling Stone)
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