Morning Report — Is a Trump election interference trial off the table?

by Alexis Simendinger and Kristina Karisch - 07/02/24 6:30 AM ET

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In granting former President Trump immunity from prosecution on charges of trying to overturn the 2020 election, the Supreme Court capped a blockbuster term that will have vast effects on presidential and administrative powers.

Monday’s ruling marked a win for Trump, returning his federal case back to a lower court to determine whether his actions leading up to and on Jan. 6, 2021, merit the protection. In a 6-3 ruling along ideological lines, Chief Justice John Roberts wrote that former presidents have broad immunity from prosecution — stopping just short of granting Trump the total immunity he sought.

Reaction to the ruling was swift, with Trump and his allies hailing the decision as a victory “for the Constitution and democracy,” while Democrats derided it. In a scathing dissent, liberal Supreme Court Justice Sonia Sotomayor said the decision “completely insulate[s] presidents from criminal liability,” while experts warned the ruling posed a risk for democracy.

President Biden harshly criticized the decision Monday, calling it a “dangerous precedent.”

“For all practical purposes, today’s decision almost certainly means that there are virtually no limits on what a president can do. It’s a fundamentally new principle,” Biden said. “It’s a dangerous precedent, because the power of the office will no longer be constrained by the law, even including the Supreme Court of the United States.”

The Hill’s Zach Schonfeld and Ella Lee rounded up five key takeaways from the ruling.

WHAT HAPPENS NEXT? The high court’s opinion suggests a federal trial of the former president will not take place before Nov. 5. If Trump is elected and inaugurated, he could pardon himself or call a halt to the pending prosecution. But the ruling also opened the door for prosecutors to present evidence in front of a federal judge — and the public — during a fact-finding hearing, which could take place before Election Day.

Still, it remains unclear when the hearing would take place or how long it would last. It will be held in federal district court in Washington in front of Judge Tanya Chutkan, who was handling special counsel Jack Smith’s case before it was paused more than six months ago. She must now sift through the allegations to separate Trump’s official presidential acts from his private ones, when he was a candidate. The court does not grant immunity for the latter.

▪ NBC News: Trump’s lawyers want the judge in the former president’s hush money case to postpone sentencing and set aside the trial verdict following the ruling.

▪ Politico: The Supreme Court’s ruling jeopardizes the cases against Trump in Florida and Georgia.

▪ The Hill: Trump has presumptive immunity for pressuring then-Vice President Mike Pence to subvert the results of the presidential election by certifying slates of so-called fake electors.

▪ The Hill: Republicans are hailing the ruling as a major victory over government “weaponization.”

▪ The Hill: Democrats call the ruling “a travesty,” saying it will empower future commanders in chief to break the law with impunity.

THE RULING CAPS OFF a consequential term that saw justices weigh in on issues ranging from abortion access to student loans and the Securities and Exchange Commission.

The justices handed down a 6-3 major ruling that shifted power from the executive branch to the judiciary Friday and stands to transform how the federal government works by making countless regulations vulnerable to legal challenge. The court’s decision has put environmental protections under threat — issuing decisions that limit the power of agencies like the Environmental Protection Agency (EPA) to combat climate change and pollution. Sam Sankar, senior vice president of programs for Earthjustice, described the ruling as “deeply deregulatory,” particularly given the conservative makeup of the judiciary.

“This court is saying we get to read the statutes in the first instance, not the agencies,” Sankar told reporters. “We’re the ones who resolve ambiguities. We don’t listen to the agencies, except as, you know, third parties in litigation. And this is a profoundly conservative court that reads statutes as narrowly as possible.”

▪ CNN: The court revived a lawsuit by a North Dakota truck stop Monday that is challenging the fees banks can charge for debit-card transactions in a ruling that could have deeper implications for other government regulations.

▪ The New York Times: The justices unanimously returned two cases, concerning state laws that supporters said were aimed at “Silicon Valley censorship,” to lower courts. Critics had said the laws violated the sites’ First Amendment rights.

3 THINGS TO KNOW TODAY:

▪ Hurricane Beryl is now a “potentially catastrophic” Category 5 hurricane, the earliest ever to reach that strength in the Atlantic. At least one person died on St. Vincent and the Grenadines, the prime minister said Monday evening.

▪ Severe turbulence on an Air Europa flight to Uruguay from Spain Monday injured more than two dozen passengers, leaving several with neck and skull fractures

▪ The link between new health problems and past health history appears to be particularly prevalent with COVID-19.

LEADING THE DAY

© The Associated Press / Matt Kelley | President Biden campaigned in Raleigh, N.C., Friday.

POLITICS

Biden and leading Democrats await fresh public opinion polls to measure the damage from the president’s wobbly debate with Trump — and gauge how Biden’s allies can help him make repairs, according to The Associated Press.

On the other side of that equation, voters and Republicans are eyeing the president more closely for more wince-inducing signs that he’s a risk if reelected to lead the nation.

Top campaign officials, including chair Jen O’Malley Dillon, briefed donors on a call Monday to offer reassurance, The Wall Street Journal reports. Biden’s campaign team stressed the president knows he needs to do better after the debate and the plan is to have him seen in public more.

In a change to his planned schedule, Biden appeared at the White House Monday evening to oppose the Supreme Court ruling issued nearly 10 hours earlier. He read in a firm voice from a teleprompter for less than 5 minutes and answered no questions from reporters.

“I dissent. So should the American people dissent,” he said.

On social media, Trump responded: “Another attack by Crooked Joe Biden against his Political Opponent. This is a really bad and incompetent guy. Wanted to deflect from his horrible campaign performance!”

The Biden family and top Democrats are working through this holiday week to beat back speculation that a nominee other than the president will become the Democratic Party’s 2024 standard-bearer. Without Biden’s assent to pledged delegates to release them to back another candidate, such a scenario is viewed as unlikely. Nonetheless, the names of prominent Democratic politicians have been tossed around amid nervous texts and private conversations. Here’s a roster.

Biden friend Sen. Chris Coons (D-Del.) recommended Monday that the president dive into more unscripted moments with the public, something Biden began doing earlier this year in small shops and hamlets on the campaign trail, with pool reporters in tow. The president regularly addresses donor audiences, large and small, often riffing beyond his prepared text. He will attend a donor reception this evening in nearby Virginia. Other Biden allies want the campaign to concentrate on Trump’s vulnerabilities and tout the party’s future agenda rather than rehash first-term achievements.

▪ The Hill’s Niall Stanage in The Memo: Trump’s chances of victory soar in the span of under 100 hours.

▪ Politico: 12 experts on advice about what Biden should do now: Nothing; move on quickly; project confidence; chill out; withdraw; bless a new nominee; accept the evidence.

▪ The Hill: Democrats say White House staff must change the way Biden is managed.

▪ The Hill: GOP seizes on Biden debate fallout to batter vulnerable Democrats.

2024 Roundup:

▪ Michigan Gov. Gretchen Whitmer (D) disputed Monday on social media a Politico magazine report that she advised the Biden campaign in the wake of Thursday’s debate that her state is no longer “winnable” for the president. The report, widely circulated by Fox News and other outlets, cited an anonymous source. “Anyone who claims I would say that we can’t win Michigan is full of shit,” Whitmer the social platform X. “Let’s go,” she added. Biden trailed Trump in Michigan polls released before their debate.

▪ Rep. Elise Stefanik (R-N.Y.) is the only woman remaining on Trump’s list of potential picks to be his running mate. The odds are long that she will make the ticket (The Wall Street Journal).

▪ Hunter Biden on Sunday filed a “revenge porn” lawsuit under New York’s statute against Fox News for broadcasting nude images of him as part of a miniseries that was available on the conservative outlet’s streaming service, Fox Nation.

WHERE AND WHEN

The House will meet at 11 a.m. for a pro forma session.

The Senate will convene at noon for a pro forma session. Senators return to Washington on July 8.

The president will receive the President’s Daily Brief at 10 a.m. He will announce federal initiatives to help certain workers deal with extreme heat as he reviews emergency preparations for hurricane season and extreme weather during a visit to the D.C. Emergency Operations Center for an 11:45 a.m. briefing. Biden will return to the White House at 1:10 p.m. The president will speak to a campaign reception at 5:15 p.m. in McLean, Va., before returning to the White House this evening.

Vice President Harris begins her day in Los Angeles and will travel to San Francisco to headline a political event before returning to Washington with second gentleman Doug Emhoff at 2:10 p.m. They will fly to Washington, arriving late tonight.

First lady Jill Biden will fly to Allentown, Pa., to participate at 2:15 p.m. in a Congressional Hispanic Caucus event. She will fly to Michigan and remain overnight.

The White House daily press briefing is scheduled at 2:30 p.m.

ZOOM IN

© The Associated Press / Jose Luis Magana | Attorney General Merrick Garland in June.

CONGRESS

HOUSE REPUBLICANS FILED SUIT Monday against Attorney General Merrick Garland to obtain audio of special counsel Robert Hur’s taped interviews with Biden, created as part of a classified documents probe. Conservative lawmakers, who already have transcripts of the Biden interview, asked the courts to enforce a subpoena and reject a White House order to withhold the audio from Congress (Axios).

In response to the Supreme Court’s immunity ruling, Rep. Alexandria Ocasio-Cortez (D-N.Y.) said Monday she will file impeachment articles against Supreme Court justices (The Hill).

Freedom Caucus Chair Rep. Bob Good (R-Va.), who trails 300 primary votes behind Republican challenger John McGuire and vows to seek a recount, faces an uncertain future this year as leader of the ultraconservative House caucus (Politico).

Roll Call: A newer crop of tax writers in Congress prepares to take on the legacy 2017 GOP tax law, which sunsets next year.

ELSEWHERE

© The Associated Press / Thibault Camus | The European Union accused Meta of breaking its new digital competition rules over its “pay or consent” advertising model.

INTERNATIONAL

The European Union said Meta’s “pay or consent” advertising model for European users violates the bloc’s Digital Markets Act, according to preliminary findings released Monday. The new ad model, which requires users to pay for ad-free versions of Facebook and Instagram or consent to the use of their personal data for targeted advertising, was launched in response to regulatory changes last year (The Hill).

France is one step away from electing a far-right government for the first time in the modern republic’s history. After the first round of voting, Marine Le Pen’s National Rally is in a strong position, but the next few days will be crucial as rivals plot to stop the far right (Politico).

As fighting continues to rage in Gaza, the Palestinian militant group Islamic Jihad fired a barrage of rockets into Israel Monday. Meanwhile, Israeli tanks advanced deeper into parts of the enclave. Some suggested this could mean Israeli forces will return to Khan Younis, which they left several weeks ago. The Israeli military said in a statement earlier Monday that the rockets were fired from the area (Reuters).

CBS News: Israel released the director of Gaza’s main hospital Monday after holding him for seven months without charge or trial over allegations the facility had been used as a Hamas command center. He said he and other detainees were held under harsh conditions and tortured.

Ukraine’s security service said Monday that it had foiled another Russian plot to stir public unrest and then use the ensuing turmoil to topple the government. It’s a familiar tactic that Kyiv claims has been employed in a string of coup attempts in recent years (The New York Times).

▪ The Wall Street Journal: NATO will station a senior civilian official in Kyiv, among a raft of new measures designed to shore up long-term support for Ukraine.

▪ Semafor: NATO allies are expected to commit to hastening procurement of key weapons at a summit in Washington, D.C., next week.

OPINION

■ The Trump decision reveals deep rot in the system, by Laurence H. Tribe, guest essayist, The New York Times. “To repair the profound and growing problem of presidential unaccountability, we must dare to design a separate branch of government, outside the existing three, charged with investigating and prosecuting violations of federal criminal laws.”

■ With Chevron overturned, Americans’ faith in government will sink even further, by Stuart Shapiro, opinion contributor, The Hill.

THE CLOSER

© The Associated Press / Amanda Lee Myers | Mexico beach at Isla Mujeres in 2012.

And finally … 🧳 If you’re packing your bag for the Fourth of July holiday or planning a summer vacation, you’ve got company. Americans are travel maniacs.

Friday’s airport crowds created the fourth busiest travel day ever, according to the Transportation Security Administration, which reported screening more than 2.9 million people who boarded planes. To put that in perspective, imagine every resident of Chicago and some extra relatives queuing up to board jets in a single day.

Nearly 71 million U.S. explorers will head 50 miles or more from home over the Independence Day holiday travel period, according to AAA. That’s a 5 percent increase over last year and 8 percent over 2019. Experts expect to see records broken and credit card bills soar as consumers prioritize fun experiences over other purchases.

Las Vegas is the top spot for U.S. domestic travelers this summer, and Cancun leads bookings for U.S. international getaways, according to Tripadvisor’s annual summer travel index.

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