The Hill’s Morning Report — Trump: ‘There is no crime’

by Alexis Simendinger and Kristina Karisch - 04/05/23 6:20 AM ET

Former President Donald Trump sits at the defense table with his legal team in a Manhattan court, Tuesday, April 4, 2023, in New York. Trump is appearing in court on charges related to falsifying business records in a hush money investigation, the first president ever to be charged with a crime. (AP Photo/Seth Wenig, Pool)

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Former President Trump is likely to spend the rest of the year telling the New York judicial system he is innocent of unlawfully attempting to bury illicit details about his behavior before his election in 2016, as alleged Tuesday in Manhattan Criminal Court.

Wearing a grim expression, Trump was arrested and pleaded not guilty in New York City to 34 felony counts of falsifying his business records “to conceal criminal conduct that hid damaging information from the voting public during the 2016 presidential election,” according to a somewhat novel indictment disclosed after the former president’s history-making arraignment. He denies any wrongdoing.

Legal analysts vary in their assessments of the strength of Manhattan District Attorney Alvin Bragg’s (D) charges against Trump (MSNBC). Doubts allow some Republican officials to criticize Bragg’s case without defending the former president’s ties to a porn star or any of the other misadventures or falsehoods Trump has accumulated in private or political life.

Sen. Mitt Romney (R-Utah), who twice voted for Trump’s impeachment and says Trump is unfit for office, said in a statement that Bragg “stretched to reach felony criminal charges in order to fit a political agenda.”

Something to watch: Democrats will want to see prosecutors move against Trump with other indictments. The events in Manhattan on Tuesday will not quell nervousness among the former president’s critics about the vulnerabilities of the witnesses and evidence in the New York case. There was no smoking gun or dramatic new detail.

▪ The Hill’s Alexander Bolton: Senate Minority Leader Mitch McConnell (R-Ky.) lets indicted Trump twist in the wind.

▪ The Washington Post: Speaker Kevin McCarthy (R-Calif.) accused Bragg of “attempting to interfere” with the democratic process with “politicized charges.”

▪ The Hill: Partisan tensions are aggravated by the Trump charges — in Congress and beyond.

“Our justice system has become lawless,” Trump said during a rally-style event Tuesday night after he flew back to his Mar-a-Lago residence in Florida. “They’re using it now, in addition to everything else, to win elections.”

Bragg said during brief remarks that a grand jury voted to accuse Trump of trying to hide an alleged affair with adult film actress Stormy Daniels and other unfavorable information involving another woman and a doorman ahead of the election. Trump is accused of buying their silence with hush payments that were falsely disguised as routine business payments, a breach of New York law.

Trump violated state election law by conspiring to promote his candidacy using unlawful means, including allegedly breaking New York tax law and federal election contribution limits, Bragg said. He suggested that because New York is the business capital of the nation, the judicial system must prosecute lawbreakers and law evaders who seek to skirt statutes “to which we are all held responsible.” At trial, Bragg said evidence would include texts, emails, phone records, witness testimony and documents, including nine checks with Trump’s signature.

▪ The Associated Press, analysis: Hush-money case raises thorny legal questions.

▪ The New York Times, analysis: A surprise accusation bolsters a risky case against Trump.

▪ The Hill: Bragg defends charges against Trump: “The case was ready.”

▪ The Hill: Former Trump national security adviser and frequent critic John Bolton: Indictment “even weaker than I feared it would be.”

Trump’s next scheduled court date in the case is Dec. 4, with a proposed trial to start in January, NBC reported. The former president’s lawyers are expected to seek to get the charges dismissed. Down the road, New York Supreme Court Justice Juan Manuel Merchan could entertain a request by Trump to waive his appearance. The defense team had not filed a motion on it (The Washington Post).

The Washington Post: Merchan advised Trump during his arraignment, “Please refrain from making statements that are likely to incite violence or civil unrest” and to avoid rhetoric that could “jeopardize the rule of law.”

The 76-year-old, twice-impeached candidate could be a criminal defendant at the outset of the Republican primaries and Iowa caucuses. Trump could also face serious legal jeopardy this year in a 2020 election interference case in Georgia and potential obstruction in a Justice Department investigation of presidential records, which also includes Trump’s role in the Jan. 6 riots.

Trump on Tuesday night favored a style of rhetorical combat his supporters applaud. He called New York Attorney General Letitia James, who is Black, a “racist in reverse,” and referred to “lunatic special prosecutor Jack Smith,” who leads the Justice Department’s two-track probe involving Trump. Dismissing the investigation of his retention of classified documents, the former president called the National Archives and Records Administration, viewed for decades in Washington as a risk-averse repository of the nation’s historical documents, a “radical left, troublemaking organization.”

Separately, a civil trial is scheduled this month in a New York lawsuit brought by E. Jean Carroll, who has accused Trump of raping her in a department store dressing room in the mid-1990s. He denies it (The Washington Post).

▪ The Hill’s The Memo: Five takeaways from Trump’s arraignment.

▪ The Hill: The Ninth Circuit Court of Appeals on Tuesday ordered Daniels to reimburse $121,972 in Trump’s lawyer fees stemming from a 2018 defamation lawsuit.

The legal details around Trump may not be crystal clear to many Americans, but the overall impression could eventually counter his narrative: He said Tuesday night that he is a victim surrounded by partisan enemies, including senior officials in both parties, experienced judges, prosecutors, their spouses, the media, and former aides who have broken with him since 2015.

Former Ohio Gov. John Kasich (R) on Tuesday told MSNBC that investigations involving Trump’s actions during the 2020 election in Georgia and a complex federal probe involving that election and classified documents at Mar-a-Lago could pile up to simply exhaust voters.

“When you move down to Georgia, if something else happens there or the [federal] documents case happens, I think exhaustion is sort of like water in a boat, it begins to overflow the boat and begins to sink him,” Kasich said.

Separately on Tuesday, a federal appeals court rejected Trump’s argument that his former aides cannot testify in a federal probe. Who must testify to a grand jury? Former White House chief of staff Mark Meadows, former Trump adviser Stephen Miller, former Department of Homeland Security official Ken Cuccinelli, former national security adviser Robert O’Brien, former National Intelligence Director John Ratcliffe, former director of White House presidential personnel John McEntee and former Trump assistant Nick Luna (The Hill and CNN).

Related Articles

▪ The Atlantic: Don’t take your eye off Jack Smith. “The clearest threat to Trump is quietly still the one posed by the Justice Department’s investigation into his handling of classified documents,” writes David A. Graham.

▪ The Atlantic, Mark Leibovich: Why won’t Trump’s Republican rivals just say it?

▪ The Hill: In New York City on Tuesday, Rep. Marjorie Taylor Greene (R-Ga.) was drowned out by protestors while knocking New York Mayor Eric Adams (D) and comparing the former president to Jesus.

▪ CNN, analysis: Trump is losing his capacity to control his fate with legal threats swirling.

LEADING THE DAY

➤ MORE IN POLITICS

Cook County Commissioner Brandon Johnson on Tuesday won the Chicago mayoral runoff, replacing Mayor Lori Lightfoot (D) as the city’s next top executive. Johnson, a progressive, won the election against former Chicago Public Schools CEO Paul Vallas, a centrist. Even before the initial February election, polling had shown that the issue of crime and public safety weighed heavily on Chicago voters in a city that’s still grappling with higher levels of crime compared to before the COVID-19 pandemic.

Vallas, who placed first during this year’s initial February election, campaigned as a tough-on-crime candidate who called to have the Chicago police’s officer staffing increased, while Johnson took a more initiatives-oriented approach to the issue of public safety (The Hill and Chicago Sun-Times).

“To the Chicagoans who did not vote for me, here’s what I want you to know: That I care about you,” Johnson said during his victory party. “I value you and I want to hear from you. I want to work with you. And I’ll be the mayor for you, too. Because this campaign has always been about building a better, stronger, safer Chicago for all the people of Chicago.”

Meanwhile, in Wisconsin, voters on Tuesday gave control of the state Supreme Court to liberals for the first time in 15 years when liberal Milwaukee County Judge Janet Protasiewicz defeated conservative former Supreme Court Justice Dan Kelly in a race that served as a referendum on the U.S. Supreme Court’s decision to overturn Roe v. Wade. Protasiewicz’s victory and reshaping of the court put the state laws most celebrated by conservatives at risk of being overturned — including a 19th Century-era ban on abortions (The Hill and Milwaukee Journal-Sentinel).

▪ USA Today: Wisconsin Supreme Court election takeaways: abortion, 2024.

▪ Politico: Five takeaways from liberals’ big election-night win in Wisconsin.

Sen. Tim Scott (R-S.C.) is already finding success wooing his Senate GOP colleagues to his side for a possible 2024 presidential run, as a number of his fellow senators are personally encouraging him to get in the race. Of roughly a dozen Senate Republicans interviewed, three told The Hill’s Al Weaver that they have outright encouraged Scott to run for the White House, while at least two others said that they’ve talked with him behind closed doors about his impending run.

“I think he’d be a great candidate. I’m excited about it. I’ve been encouraging him,” Sen. John Thune (R-S.D.) told The Hill. “I think he’s getting a lot of encouragement from his colleagues. He’s really well thought of and respected and I think he’d be a really interesting candidate for president, and in a field that kind of could be fairly open.”

Meanwhile, Florida Gov. Ron DeSantis (R) may have a problem when it comes to luring independent voters as he prepares to announce a presidential run. As The Hill’s Max Greenwood and Amie Parnes report, while DeSantis overwhelmingly won his gubernatorial reelection in November, he struggled particularly with independent women voters. A recent Emerson poll showed that more than 51 percent of independents disapproved of his job performance as governor, with more than 61 percent of women disapproving of his leadership.

“I think independent women rejected a lot of the hardcore Republicanism,” said Susan Del Percio, the longtime Republican strategist. “They’re not willing to go there. And his rhetoric has gotten uglier over time, so it’s become a bigger turnoff.”

Also throwing his hat in the ring is Arkansas Gov. Asa Hutchinson (R), who is putting his party’s appetite for an alternative to Trump to the test as he pursues a long-shot bid for the White House. Most polls show Trump with a clear advantage over the rest of the Republican field, reports The Hill’s Julia Manchester, but Hutchinson argues the campaign cycle is in its early stages and the GOP primary field is far from formed, and he’s insistent that enough of the party is put off by the former president to elevate a different candidate to be the party’s standard-bearer.

“You’ve got to carve your own lane,” Hutchinson told The Hill. “The last thing that we need is another Joe Biden-Donald Trump race in 2024, so if you don’t accept that proposition that you have to yield, then you have to get in there and fight. I fight for my convictions. I fight for the country that I believe needs new leadership and to find the differences not just with Donald Trump but more importantly with Joe Biden.”

▪ Independent Record: GOP lawmakers target Sen. Jon Tester’s (D-Mont.) reelection bid with a “jungle primary” bill.

▪ Bloomberg News: Virginia Gov. Glenn Youngkin (R) plans to meet Taiwan’s president during a trade trip.

▪ Axios: McCarthy and House Minority Leader Hakeem Jeffries (D-N.Y.) are expected to make separate trips to Israel this month.

▪ The Associated Press: For McCarthy and Taiwan’s leader, visit marks historic first.

The Kansas Senate on Tuesday approved a bill that would bar transgender people from using public bathrooms and other facilities associated with their gender identities, sending it to Gov. Laura Kelly’s (D) desk. The sweeping measure garnered margins suggesting backers could override Kelly’s expected veto (CBS News).

The New Republic: Tennessee Republicans are trying to expel three state House Democrats for siding with protesters on gun control.

➤ ADMINISTRATION

The White House is preparing to officially declare Wall Street Journal reporter Evan Gershkovich as wrongfully detained in Russia, a move that will trigger new U.S. government resources to work toward his release. Following the expected new designation, the State Department’s office of hostage affairs will lead the U.S. efforts to get Gershkovich home.

Russian authorities detained Gershkovich last week on accusations of espionage, indicating a significant increase in both Moscow’s tensions with Washington and its campaign against foreign news media. Gershkovich’s arrest marks the first time an American journalist has been detained in Russia on spying accusations since the Cold War (CNN).

The Internal Revenue Service has extended the tax filing deadlines for Americans affected by storms and a wave of tornadoes that hit several U.S. states last week, meaning taxpayers in parts of Arkansas, Mississippi, Alabama, Georgia, New York and California will have longer to file (The Wall Street Journal).

Roll Call: Treasury tops up tax credits where fossil fuel jobs were lost.

IN FOCUS/SHARP TAKES

➤ INTERNATIONAL

Finland became a member of NATO on Tuesday, ending its long-standing military nonalignment in response to Russia’s invasion of Ukraine. The 31st member state’s accession to the military alliance reshapes European security, extending NATO’s reach and doubling its land border with Russia. President Biden welcomed Finland to the alliance, and reaffirmed his expectation that Sweden — which is still awaiting approval — would soon become a member as well (The Associated Press).

“When Putin launched his brutal war of aggression against the people of Ukraine, he thought he could divide Europe and NATO. He was wrong,” Biden said in a statement. “And together — strengthened by our newest Ally Finland — we will continue to preserve transatlantic security, defend every inch of NATO territory, and meet any and all challenges we face.”

▪ The Washington Post: How Finland went from neutral to NATO member.

▪ Foreign Policy column: Switzerland’s refusal to take sides in Ukraine only benefits Russia.

European Commission President Ursula von der Leyen will speak to Ukrainian President Volodymyr Zelensky ahead of her visit to China later this week. In her meeting with Chinese President Xi Jinping, slated for Thursday, von der Leyen is expected to broach the topic of China’s role in Russia’s war on Ukraine (Politico EU).

▪ The Washington Post: Everybody in Washington wants the Ukrainian ambassador at their party.

▪ The Associated Press: Congressman: U.S. support for aid to Ukraine is

“overwhelming.”

▪ Reuters: Breakaway candidate could give Recep Tayyip Erdoğan a lifeline in tight Turkey election.

▪ The Wall Street Journal: France’s Emmanuel Macron to press Xi on China’s support of Russia.

OPINION

■ Trump’s Tale of Two Cities: The Worst of Times, by Timothy L. O’Brien, senior executive editor, Bloomberg Opinion. https://bloom.bg/3KfizMZ

■ Amend the constitutional amendment process, by Peter M. Shane, contributor, Washington Monthly. https://bit.ly/3MhfPRO

WHERE AND WHEN

📲 Ask The Hill: Share a news query tied to an expert journalist’s insights: The Hill launched something new and (we hope) engaging via text with Editor-in-Chief Bob Cusack. Learn more and sign up HERE.

The House will hold a pro forma session at 11 a.m. on Thursday. Lawmakers will return to the Capitol beginning April 17.

The Senate meets at 10 a.m. on Thursday for a pro forma session.

The president will receive the President’s Daily Brief at 9:30 a.m. Biden will have lunch with Vice President Harris at noon.

Secretary of State Antony Blinken is winding up three days of business in Brussels. The secretary this morning participated in a NATO foreign ministerial session focused on threats and challenges, followed by a meeting with New Zealand Foreign Minister Nanaia Mahuta. Blinken joined the NATO ministerial group photo before participating in a NATO session about Indo-Pacific partners. The secretary will hold a press conference at 3:30 p.m. local time, then greet employees and families of the U.S. Tri-Mission in Brussels.

First lady Jill Biden will travel to Maine and Vermont to champion career-connected learning and workforce training programs that can prepare high school and community college students for employment opportunities (Portland Press Herald).

The White House daily press briefing is scheduled at 2 p.m.

ELSEWHERE

➤ HOUSES & CARS

🏘️ Nationwide home prices rose for the first time in eight months in February, writes The Hill’s Adam Barnes, following persistently low housing inventory and a modest rise in demand following consecutive weeks of declining mortgage rates. The sudden jump was all the more notable given price hikes in most of the nation’s largest markets, and economists expect affordability issues to continue in the coming months even as mortgage rates settle.

▪ SFGate: Will the housing market crash in 2023?

▪ MarketWatch: Six economists and real estate pros on what to expect from the housing market now.

🚗 New cars are starting to look like luxury items as prices have soared in the past few years — an increase driven by supply-chain problems and simple inflation. The Hill’s Daniel de Visé reports that automakers are making fewer budget models and more high-end SUVs and pickups, which yield bigger profits. Buyers are feeding the trend by choosing upscale models and expensive options. Factor in scary-high interest rates, and the average new-car payment now tops $700.

Buyers have little choice: For the first time in recent memory, the new-car sector is a seller’s market, and analysts say it’s a good time to hold on to the car you have.

▪ CNN: This is one of the worst times to buy a car in decades. Here’s why.

▪ The Wall Street Journal: Lithium prices are down, cheaper batteries and EVs could follow.

▪ The Hill: Don’t use the front passenger seat in these 140,000 recalled vehicles, Volkswagen says.

➤ HEALTH & PANDEMIC

A surge in fatal drug overdoses driven by the opioid epidemic is taking a heavy toll on older adults, writes The Hill’s Gianna Melillo. While the crisis has had a devastating impact across all age groups, overdose deaths have risen especially sharply among seniors, a demographic particularly vulnerable to the negative health effects of substance use and one that’s rapidly growing as Baby Boomers age.

In the past 20 years, drug overdose fatalities quadrupled among Americans aged 65 and older, according to figures from the Centers for Disease Control and Prevention. Drug overdose remains an uncommon cause of death for older Americans, and in recent years, more seniors have been receiving treatment for substance use disorders. But the trend is nonetheless concerning and points to unique challenges older adults face when it comes to substance use.

▪ The Washington Post: Food and Drug Administration to okay a second omicron-targeting COVID-19 booster for some, officials say.

▪ Wired: Palantir’s plan to decipher the mysteries of Long COVID-19.

▪ Vox: Can we solve the EpiPen cost crisis?

An estimated 1 in 6 people — or 17.5 percent — globally are affected by infertility, according to a new report from the World Health Organization. The data show rates of infertility are similar across all countries and regions. Global public health groups typically call attention to overpopulation as a major public health concern, so the spotlight from the WHO report is not only surprising but welcome, said David Keefe, reproductive endocrinologist and infertility specialist at the NYU Langone Fertility Center in New York (CNN).

“It was a welcome acknowledgment of the other foot dropping on the population front,” he said. “The acknowledgment that this is a worldwide problem and that additional attention must be devoted to it in terms of policy and strategy is welcome.”

THE CLOSER

And finally … 🥄 There’s a happy ending to the latest cutlery caper. The giant red spoon that was stolen from a Phoenix Dairy Queen last month was found Monday morning next to a middle school baseball field. Michael Foster spotted the 15-foot red spoon as he was playing Pokémon GO, and immediately recognized it from social media.

“The first thing I did was send a picture to my wife and I said, ‘It’s the spoon.’ She said call the police,” Foster told The Associated Press.

Together with a school maintenance worker who helped lift the spoon over the fence, Foster was able to hand it off to police, who strapped it to a car and will return it to the Dairy Queen — the only location in Arizona with an oversized utensil. Owners Raman Kalra and Puja Kalra said last week that they hoped to get the spoon back, as getting another spoon made, delivered and then installed would cost more than $7,000.

“We are happy to have our spoon back and we are looking forward to the neighborhood creating more smiles and stories with this now world-famous spoon,” Raman Kalra said in an email.

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