A few new angles to the Trump indictment

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Aug 02, 2023 View in browser   By Bethany Irvine Presented by And after the initial wave of pieces aiming to be the first draft of history, we find ourselves awash in a torrent of analyses, reactions and articles that zoom in on particular aspects of Donald Trump's indictment that merit attention. | Giorgio Viera/AFP/Getty Images The dust has yet to settle from yesterday’s earthquake indictment of former President DONALD TRUMP on charges related to Jan. 6 and his efforts to overturn the 2020 election. While the charges were expected, they still came as something of a shock. (It’s worth pausing for a moment just to soak in what a bizarre fact that is: the third criminal indictment of a former president was a shock, but not particularly surprising.) And after the initial wave of pieces aiming to be the first draft of history, we find ourselves awash in a torrent of analyses, reactions and articles that zoom in on particular aspects of the indictment that merit attention. Here are the ones catching our eyes … — On the central importance of the slates of pro-Trump fake electors, AP:  “The fake electors plan began in Wisconsin, prosecutors allege, with a memorandum from KENNETH CHESEBRO, an attorney who was assisting the Trump campaign at the time with legal challenges. ... After the plan was expanded to include six states, Trump and attorney JOHN EASTMAN asked RONNA McDANIEL, the chair of the Republican National Committee, to help the Trump campaign recruit the electors in the targeted states. The two men, according to prosecutors, ‘falsely represented’ to McDaniel that the electors would only be used if Trump’s lawsuits against the election succeeded. McDaniel agreed to help. ” — On the trailblazing nature of the House Jan. 6 Committee’s investigation, NYT: “[The select committee] provided a road map of sorts for the 45-page indictment Mr. Smith released on Tuesday. … Mr. Smith’s document — while far slimmer than the 845-page tome produced by the House investigative committee — contained a narrative that was nearly identical: An out-of-control president, refusing to leave office, was willing to lie and harm the country’s democracy in an attempt to stay in power. “With televised hearings drawing millions of viewers, the panel introduced the public to little-known lawyers who plotted with Mr. Trump to keep him in power, dramatic moments of conflict within the Oval Office and concepts like the ‘fake electors’ scheme carried out across multiple states to try to reverse the election outcome. Its final report laid out specific criminal charges that a prosecutor could bring against the former president.” — On former VP MIKE PENCE’s crucial role, WaPo: “Pence took ‘contemporaneous notes’ about Trump and his allies’ efforts to overturn the 45th president’s electoral defeat in the lead-up to the Jan. 6, 2021, attack on the U.S. Capitol by a pro-Trump mob, according to the indictment … The notes are explicitly cited twice in the document. The first reference highlights that Trump, on Dec. 29, 2020, allegedly told Pence that the Justice Department was “finding major infractions,” according to the notes. The second details a Jan. 4, 2021, meeting, where Trump allegedly repeated his false claims of widespread election fraud.” — On President JOE BIDEN’s reaction, CNN: “For Biden, Trump’s third indictment is undoubtedly the most personal. … Ahead of Trump’s indictment Tuesday, a Biden campaign official said the campaign once again did not intend to fundraise off a Trump indictment … How closely Biden can hew to that pledge when it comes to the latest indictment remains to be seen. Unlike the classified documents case, which Biden does not regularly reference in public, the threat to democracy is central to his reelection argument.” — On the interesting legal precedent behind one of the charges, Reuters: “Federal prosecutors base one charge, conspiring to deprive citizens of constitutional or legal rights, on a law enacted during post-Civil War Reconstruction in 1870 … Prosecutors have long used the deprivation of rights statute, known as Section 241, to fight disenfranchisement of Black voters, and a string of landmark U.S. Supreme Court cases have affirmed the law's use for that purpose.” — On how this whole situation is weighing on Judge TANYA CHUTKAN, Kyle Cheney: “U.S. District Court Judge Tanya Chutkan appeared upbeat in court on Wednesday even as she reckoned with the weight of her latest assignment: criminal proceedings against Donald Trump. During an appearance in an unrelated criminal matter, Chutkan briefly chatted with public defender EUGENE OHM … ‘How are you?’ Ohm asked Chutkan … ‘Good … I think,’ she said after a pregnant pause.” MUST-READ ON THE GOP — “State of disaster: State Republican parties across the country are struggling,” by Adam Wren, Zach Montellaro, Holly Otterbein, Lisa Kashinsky and Natalie Allison: “Michigan’s Republican party is broke. Minnesota’s was, until recently, down to $53.81 in the bank. And in Colorado, the GOP is facing eviction from its office this month because it can’t make rent. … “The demise of the GOP state parties could have a profound impact on the 2024 election. Operatives fear that hollowed out outfits in key battlegrounds could leave the party vulnerable, especially as Democrats are focusing more on state legislative races." Good Wednesday afternoon. Thanks for reading Playbook PM. Drop me a line: birvine@politico.com.   A message from The American Petroleum Institute (API): Did You Know: Americans count on oil and natural gas – made, moved and improved by nearly 11 million workers and suppliers in all 50 states, contributing trillions to communities and the U.S. economy. From Pennsylvania to California, America’s natural gas and oil workforce strengthens our nation. Our economic outlook is brighter when we lead on energy, and our dedicated workforce is a reminder that we need Washington policies to encourage investment and enable development.   IT’S OFFICIAL — PBS: “Jeffrey Goldberg named new moderator of Washington Week” 2024 WATCH TROUBLE IN PARADISE? — Though the conservative political group Moms for Liberty is typically an ardent supporter of Florida Gov. RON DeSANTIS, the organization is now at odds with the his stance on mental health initiatives in public schools, The Tallahassee Democrat’s Ana Goni-Lessan reports. “In Florida, mental health care has been a top bipartisan priority since 2018, when a shooter killed 17 children at Marjory Stoneman Douglas High School in Parkland,” Goni-Lassan writes. “But the push to fund mental health initiatives has frustrated Moms for Liberty-Sarasota County Chapter Chair ALEXIS SPIEGELMAN and other conservative parents who consider mental health care as another version of social emotional learning (SEL) and are campaigning to remove it from schools.” Spiegelman: “Many families feel our ‘conservative majority’ is not listening to the very people that helped get them elected. The Florida Legislature along with the governor are not helping matters.” POLICY CORNER GOING DIGITAL — The IRS is now allowing every taxpayer to file documents online and is aiming to digitize its paper catalog as soon as 2025, WaPo’s Jacob Bogage reports. The agency also hopes that major improvements in their online tools could mean millions of taxpayers can get refunds up to a month sooner. “The tax agency estimates 94 percent of individual taxpayers will no longer need to send mail to the IRS once the program begins in January.” IMMIGRATION FILES — “Are the Biden administration's 'processing centers' for migrants in Latin America doing any good?,” by NBC’s Julia Ainsley and Dan De Luce: “In April, the Biden administration announced it would be opening 'processing centers' in Central and South America to allow migrants to apply to come to the U.S. without making the dangerous journey to the southern border. The plan was to get the first centers open 'within weeks,' officials told reporters, but so far none of the three centers that have opened appear to have successfully fostered legal travel to the U.S. for migrants seeking refugee status or asylum.” CONGRESS CAPITOL POLICE LOOK TO EXPAND — In their latest push to ramp up security around the country, Capitol Police are working to establish regional outposts in Milwaukee, Boston and Texas “largely in response to rising threats to members of Congress,” The Milwaukee Journal Sentinel’s Lawrence Andrea reports. A spokesperson for the department said that “Milwaukee is being looked at simply because it’s relatively central to the Midwest and has a good cost of living,” and added that the plans are “all very TBD.” BARKING UP THE WRONG TREE? — As Republicans continue to rally behind an initiative to “plant a trillion trees” to offset climate change, new scientific research shows that the plan would “have a minimal effect” on halting global warming, WaPo’s Maxine Joselow reports. “The analysis by JOHN STERMAN, a professor at the MIT Sloan School of Management, and ANDREW P. JONES, executive director of the nonprofit Climate Interactive, found that planting a trillion trees would only prevent 0.15 degrees Celsius (0.27 Fahrenheit) of warming by 2100.” For scale: “The researchers also highlighted that planting a trillion trees would require an enormous amount of land — 900 million hectares, or close to three times the size of India.” CRACKING DOWN ON CRYPTO — Some Senate Dems are urging the White House to take action as the Treasury Department continues to delay implementation of a law meant to keep crypto-currency investors from dodging taxes, WSJ’s Richard Rubin and Paul Kiernan report. “‘These new rules were urgently needed when President Biden signed them into law in 2021. Over the past two years, that urgency has only intensified,’” Sens. [ELIZABETH] WARREN (D-Mass), BOB CASEY (D-Pa.), RICHARD BLUMENTHAL (D-Conn.) and BERNIE SANDERS (I-Vt.) wrote to Treasury officials. ‘Given the chance, tax evaders and the crypto intermediaries willing to aid them will continue to game the system, exploit loopholes, and siphon off billions of dollars a year from the U.S. government. You must not give them that chance.’” THE ODD COUPLE — “A Democratic and Republican battled for Congress. They became unlikely friends,” by LA Times’ Mark Barabak: The “improbably companionable” friendship between Rep. AMI BERA (D-Calif.) and GOP strategist ROB STUTZMAN comes at “a time when partisan differences run marrow-deep and many Democrats and Republicans view their parties not as vessels of collected interests but warring tribes locked in mortal conflict.”   ATTENTION PLAYBOOKERS! You need to keep up with the latest political news and nuggets, so here’s a juicy tip: You need to add California Playbook to your daily reading. We have a new team at the helm who are eager to take you inside the political arena in California, from Sacramento and Los Angeles to Silicon Valley and throughout the Golden State! Get the latest exclusive news and buzzy scoops from the fourth largest economy in the world sent straight to your inbox. SUBSCRIBE TODAY.     BEYOND THE BELTWAY  AT THE NEGOTIATING TABLE — “UAW president reveals 'the members' demands' for Detroit Three talks,” by the Detroit News’ Breana Noble. Among the demands: “A 32-hour work week, the ability to strike when a plant closes and paid volunteer work in the event of a closure.” FROM THE SUNSHINE STATE — “​​Florida deviated from standard practices for key report regarding transgender care,” by The Miami Herald’s Emily Mahoney and Romy Ellenbogen: “Testimony from state employees in Florida reveal how a state agency under Gov. Ron DeSantis veered from its own procedures” to build the contentious report on transgender medical treatments under Medicaid — which has become “a major plank of the governor’s presidential campaign.” “The state employee who was the lead author of the report testified that the process began with a request from the governor’s office ... After the Medicaid report was completed, at least two Agency for Health Care Administration employees involved with it received raises well above the norm for their peers, state data show.” DEEP IN THE HEART — “On One Texas River, Four Dam Failures Show Harsh Reality of Aging Infrastructure,” by WSJ’s Joe Barrett AMERICA AND THE WORLD  WAR OF WORDS — “North Korea calls US human rights envoy a ‘political housemaid’ in protest of criticisms,” by AP’s Kim Tong-Hyung COMING TO AMERICA — “Chinese Investors Warm to Sweetened U.S. Cash-for-Visa Program,” by WSJ’s Liyan Qi: “The overhauled EB-5 program, which requires a minimum investment of $800,000 for certain projects, has drawn the attention of Chinese nationals … The program is designed to allow investors to recoup their money with a modest profit. In return for their investment, foreign investors hope to win a green card. For the developers, it means cheap financing and, for the town, new jobs.”   HITTING YOUR INBOX AUGUST 14—CALIFORNIA CLIMATE: Climate change isn’t just about the weather. It's also about how we do business and create new policies, especially in California. So we have something cool for you: A brand-new California Climate newsletter. It's not just climate or science chat, it's your daily cheat sheet to understanding how the legislative landscape around climate change is shaking up industries across the Golden State. Cut through the jargon and get the latest developments in California as lawmakers and industry leaders adapt to the changing climate. Subscribe now to California Climate to keep up with the changes.     PLAYBOOKERS OUT AND ABOUT — Helen and Joe Milby, Lauren Gillis, Alex Tureman, Alex Stroman and Kevin Walling hosted a book party Tuesday night for C.W. Goodyear in honor of his new book, “President Garfield: From Radical to Unifier.” ($35) SPOTTED: T.W. Arrighi, Steve Clemons, Amy Dacey, Eric Fanning, Melissa Fitzgerald, Andy Flick, Connor Goddard, Reggie Greer, Evan Hollander and Eli Yokley, Liz Johnson, Natalie Jones, John McCarthy, David Reid and Yebbie Watkins. WELCOME TO THE WORLD — Alex Attebery, comms director for the House Appropriations Committee, and Lexie Attebery, business operations at Accenture Federal Services, recently welcomed Lincoln Edward Attebery. Pic  BONUS BIRTHDAY: Erin Wilson of VP Kamala Harris’ office Did someone forward this email to you? Sign up here. Send Playbookers tips to playbook@politico.com or text us at 202-556-3307. Playbook couldn’t happen without our editor Mike DeBonis, deputy editor Zack Stanton and producers Setota Hailemariam and Bethany Irvine.   A message from The American Petroleum Institute (API): President Biden is all over the map on energy policy. 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California Today: Should legislators regulate the booming e-bike industry?

Electric bicycles are convenient, affordable and popular, but on busy roads built for cars, their speed can be dangerous, especially for young riders.

View in browser|nytimes.com Continue reading the main story August 2, 2023 By Soumya Karlamangla California Today, Writer It's Wednesday. Should California regulate the booming use of e-bikes? Plus, the state's biggest fire of the year is sweeping across the Mojave Desert. Ashely Kingsley and her daughter, Scout, at Charlie's Electric Bike store in Encinitas, where they were renting e-bikes for the day.Ariana Drehsler for The New York Times In late June, Encinitas, a beach town in north San Diego County, declared a state of emergency for what initially seemed to be a surprising reason: e-bike safety. In the span of a few days, two teenage boys riding electric bicycles had collided with cars. One of them, a 15-year-old heading to shot-putting practice, died. "We're all grieving," the town's mayor, Tony Kranz, told NBC 7 at the time. Encinitas joined a small but growing number of cities grappling with the impact of the booming e-bike industry, which could sell a million e-bikes in the U.S. this year. The bikes have been lauded for beginning to shift the transportation system away from cars and toward a relatively low-cost option for getting around, but they've also raised concerns about rider safety on roads congested with traffic. Carlsbad, about 10 miles north of Encinitas, declared its own state of emergency last summer after collisions involving bicycles or e-bikes had more than doubled since 2019. My colleague Matt Richtel recently tackled the question of how safe e-bikes really are, especially for young riders. Several teenagers, in California, Oregon and other places, have died recently in e-bike accidents, he reported. There's solid data that teenagers tend to have more road accidents than adults. Drivers between the ages of 16 and 19 are three times as likely to be killed in a crash as drivers who are at least 20, and bicyclists between 10 and 24 have the highest rate of emergency room visits for crashes, according to the Centers for Disease Control and Prevention. Continue reading the main story ADVERTISEMENT Handling e-bikes can also be challenging for inexperienced riders. Many e-bikes can travel faster than the speed limit of 20 miles per hour that is legal for teenagers in most states, and some can be made to approach 70 m.p.h. "Driving is the most dangerous thing that most of us will do in our lives on a regular basis," said Matt, who won a Pulitzer Prize in 2010 for his reporting in The New York Times on distracted driving. "Now we're adding in a product that adds speed and weight to bikes, with no training, no license, no registration, in a very, very risky traffic environment." These problems have come to a head in Southern California, where the weather invites year-round bicycling and traffic congestion abounds. Matt, who is based in Boulder, Colo., initially noticed teenagers in his city racing by on e-bikes, often without wearing helmets. When he arrived in Orange County to report on the issue for his article, he told me, he realized that what he'd seen in Colorado had been only the tip of the iceberg. The minimal regulation of e-bikes has alarmed some policymakers and law enforcement officials. The California Legislature is considering a bill that would prohibit people younger than 12 from using e-bikes and would "state the intent of the Legislature to create an e-bike license program with an online written test and a state-issued photo identification for those persons without a valid driver's license." Continue reading the main story ADVERTISEMENT "It's not like a bicycle," Sgt. Jeremy Collis of the San Diego County Sheriff's Office told Matt. "But the laws are treating it like any bicycle." For more: Is it an e-bike or a motorcycle for children? Batteries in e-bikes and other devices are sparking fires in San Francisco. Enjoy all of The New York Times in one subscription — the original reporting and analysis, plus puzzles from Games, recipes from Cooking, product reviews from Wirecutter and sports journalism from The Athletic. Experience it all with a New York Times All Access subscription. Former President Donald J. Trump at a rally in Erie, Pa., last week.Maddie McGarvey for The New York Times The rest of the news The California Republican Party approved a plan to award all of its presidential delegates to a candidate who wins a majority of the vote in the state's primary on March 5, a hurdle that Donald Trump could clear, The Associated Press reports. The average winter wave off the coast of California is a foot taller than it was in 1970, an oceanographer at the University of California, San Diego, has found, according to The San Diego Union-Tribune. Continue reading the main story ADVERTISEMENT Southern California A Los Angeles County Superior Court ruled that the kombucha company GT's Living Foods had subjected its workers to "abusive and disturbing working conditions," The Los Angeles Times reports. Data from Zillow suggests that the median listing price for a house in Los Angeles will soon be more than $1 million, The Los Angeles Times reports. Central California California's largest wildfire this year has consumed more than 77,000 acres of the Mojave National Preserve and has crossed into Nevada. Northern California The largest dam removal project in the nation's history is underway along the California-Oregon border, where workers are teaming up with Native American tribes to plant nearly 17 billion seeds to restore the Klamath River and the surrounding land, The Associated Press reports. A toxic red tide has returned to San Francisco Bay a year after an algae bloom killed thousands of fish in the area, The Mercury News reports. WHAT YOU GET Andrea Mohin/The New York Times RENTERS How the Monotony of Sunny California Made New York Shine A couple who mainly thought of the city as a vacation spot learned the hard way that finding an apartment there was anything but boring. By Lia Picard WHAT WE'RE EATING Alex Lau for The New York Times. Food Stylist: Susie Theodorou. Baked Feta Dip With Spicy Tomatoes and Honey By Melissa Clark 1 hour 20 minutes Makes 6 to 8 servings A memorial at the former site of an internment camp in Manzanar.Kyodo News, via Getty Images Where we're traveling Today's tip comes from Peg Stephan: "Anyone visiting California should consider driving up Highway 395 from Death Valley to Yosemite. It's a desolate yet beautiful landscape that includes Mount Whitney and Mono Lake. Just north of Lone Pine is the preserved Japanese internment camp of Manzanar, a site every American should visit." Tell us about your favorite places to visit in California. Email your suggestions to CAtoday@nytimes.com. We'll be sharing more in upcoming editions of the newsletter. Bart's Books in Ojai.Beth Coller for The New York Times And before you go, some good news For decades, Bart's Books in Ojai has beckoned to literature lovers, The Los Angeles Times reports. The shop feels almost magical. It's an outdoor bookstore that has operated since 1964. You can buy books at any hour of the day, whether the store is technically open or not — just select one of the books that line the shop's exterior walls and, working off the honor system, put your money in the box. "I am always amazed as to how far some people travel just to experience this unique outdoor bookstore," Jamie Fleming, the chief executive of the Ojai Valley Chamber of Commerce, told The Los Angeles Times. "Bart's Books is the most circled destination on our Ojai visitor's map when we are suggesting places for people to see in the Ojai Valley." And people come from all over to browse the shop's shelves. "A hitchhiker once came in and said he found us from a Bart's bookmark someone gave him in the Midwest," Jack Randolph, a longtime employee at the bookstore, told The Los Angeles Times in 2004. Thanks for reading. I'll be back tomorrow. — Soumya P.S. Here's today's Mini Crossword. Briana Scalia contributed to California Today. You can reach the team at CAtoday@nytimes.com. Sign up here to get this newsletter in your inbox. Continue reading the main story Need help? Review our newsletter help page or contact us for assistance. You received this email because you signed up for California Today from The New York Times. To stop receiving California Today, unsubscribe. To opt out of other promotional emails from The Times, including those regarding The Athletic, manage your email settings. To opt out of updates and offers sent from The Athletic, submit a request. Subscribe to The TimesGet The New York Times app Connect with us on: Change Your EmailPrivacy PolicyContact UsCalifornia Notices The New York Times Company. 620 Eighth Avenue New York, NY 10018