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Trump Lawyer Trips Over His Own Argument as Judges Appear Skeptical of Gag Order Appeal

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A three-judge panel in federal court in Washington, D.C. appeared skeptical of arguments an attorney for Donald Trump made Monday in his appeal of a very narrow gag order imposed by U.S. District Court Judge Tanya Chutkan.

Barely 20 minutes into arguments, former acting U.S. Solicitor General Neal Katyal wrote: “The gag order argument in our nation’s second highest court is … not going well for criminal defendant Donald Trump.” He also described Trump’s layer as “struggling.”

Judge Chutkan’s order prohibits Trump from targeting court personnel, witnesses including potential witnesses, Special Counsel Jack Smith, and his staff.

Minutes into Trump attorney John Sauer’s claims, Judge Bradley Garcia, one of the three judges on the panel, cut in and stated that a court has already overruled one of his arguments: “That court rejected the argument you’re making today.”

At one point another judge pressed attorney Sauer, asking if he were suggesting Donald Trump is above the law. Sauer’s response: “We certainly haven’t argued that.”

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The judge also warned Sauer his suggestion that everything Trump says is political speech may be faulty, that it may not necessarily be political speech. She said what Sauer is calling Trump’s “core political speech” could actually be “political speech aimed at derailing or corrupting the criminal justice process.”

“You can’t simply label it” core political speech.

Later, Judge Garcia said, “We have a past pattern. When the defendant speaks on this subject, threats follow, and now, he’s making similar statements again, we’re months out from the trial. This is predictably going to intensify … Why does the district court have to wait and see, wait for the threats to come?”

At another point, one of the judges told Sauer: “Back in August,” the district court “gave clear warnings to the parties not to make the type of statements that are at issue. That trend continued. And now we have an order that’s targeted at the exact types of statements that have been occurring.”

The judge also reminded Sauer, “A day after he said, ‘if you come after me, I’m coming after you,’ that threat was issued.”

“That evidence is very specific,” the judge pointed out. “As this trial approaches, the atmosphere is going to be increasingly tense. Why does the district court have to wait and see, and wait for the threats to come? Rather than taking a reasonable action in advance?”

At another point, the judge told Sauer, “the conditions of release in this case, prohibit your client from communicating about the facts of the case with any individual known to the defendant to be a witness, except through counsel or in the presence of counsel. Your client signed those conditions of release counsel, before the district court was quite clear that that was not being challenged. How under your analysis, would those conditions of release not be invalid? You’re taking a position that that those conditions of release violate the First Amendment?”

Another damning interaction came when the judge told Sauer, “I’m really trying to understand your legal test. If he were to pick up the phone and call someone that is known to him to be a witness, prospective witness in this case, and speak with that person without counsel present. Would, could, would that violate the restriction?”

“Would the First Amendment protect that communication under your test?” she asked.

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“We have not contended –” Sauer replied.

“That is not what I am asking,” she said loudly, almost shouting. “I’m asking you to apply the test that you propose to us because we have to write a test that can be applied, and we have to know how it’s going to be applied. So I’m asking your position, your legal position, would that phone call be protected by the First Amendment or not?”

After some back-and-forth, the judge continued to build her line of questioning.

“Now for next hypothetical,” she said, “he gets on the phone and he says … ‘you’ve always been someone with courage, backbone. A loyalist, a patriot, and, you know, loyalists and patriots don’t talk to prosecutors in my case,’ and hangs up.”

“Okay, if you said that, I think that would be a clear violation of the terms of release,” Sauer agreed.

“Okay,” the judge continued. So [Trump] gets on a stage somewhere, or on social media and says that exact same thing… A public figure is being bothered by the prosecutor. People who are loyal, honest, patriots don’t talk to the government.”

The judge after Sauer insisted Trump had not said that demanded he “answer the question. I’m not suggesting he has said this to be clear. For the record. This is a hypothetical question.”

“Because he’s not speaking directly to the witness. He’s doing this on social media or at a town hall or a news interview, he says that. Does it violate the First Amendment to say that’s prohibited?”

Each side was originally allowed 20 minutes. The court is still hearing arguments 90 minutes in.

Editor’s note: This is a rush transcript.

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‘They Are Partners’: Experts Warn on Trump and Putin After Bombshell Woodward Revelations

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Political experts and top journalists are delving into reports from Bob Woodward’s new book, and issuing warnings about Donald Trump and Vladimir Putin as Americans face a historic and pivotal election just four weeks from today.

CNN obtained a copy of Woodward’s latest, titled, “War.” In it, the Watergate journalist delivers stunning revelations.

Donald Trump, the ex-president and Republican Party’s presidential nominee, has continued his secret relationship with Russian President Vladimir Putin, the Christian nationalism-aligned autocrat and alleged war criminal. According to excerpts from Woodward’s book, Trump has spoken to Putin at least seven times since he left office in January of 2021.

Another bombshell: Trump sent Putin COVID tests at the height of the deadly pandemic while Americans were desperately seeking them. Putin warned the U.S. president to not tell anyone, “because people will get mad at you, not me.” More than 1.2 million Americans died from the deadly disease.

And still more: President Joe Biden knew months ahead of time that Putin would attack Ukraine, via a “treasure trove of intelligence,” including human intelligence from inside the Kremlin, and warned President Zelenskyy, who did not believe the Russian president would be so foolish. Later, as the illegal war was going badly, Biden administration officials warned Putin to not use nuclear weapons, which he had been considering. Reportedly, there was a 50-50 chance Putin would go nuclear.

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“’That fucking Putin,’ Biden said to advisers in the Oval Office not long after Russia’s invasion of Ukraine, according to Woodward,” CNN reports. Biden added: “Putin is evil. We are dealing with the epitome of evil.”

Critics are expressing anger and astonishment amid the latest revelations.

David Rothkopf, the noted foreign policy, national security, and political affairs analyst and commentator shared his observations via social media: “So, let me get this straight, Donald Trump was sitting in Mar-a-Lago on a trove of stolen U.S. national secrets and while there, had Vladimir Putin on speed dial for regular private chats? After he tried to overthrow our government? And Putin is helping his campaign now? And there are people who would actually vote for this guy? It’s obvious he has no qualms about betraying the U.S. The question is why are those who support him willing to help him do so?”

The New Yorker’s Susan Glasser added, “This day is a reminder that Trump kept a trove of secret classified foreign intel at Mar-a-Lago. Will there ever be a trial???”

Matt McDermott, a Democratic strategist remarked: “Americans were dying by the tens of thousands and supply shortages were paralyzing our country’s pandemic response, and all Donald Trump cared about was helping Vladimir Putin. This is unconscionable.”

Dr. Norman Ornstein, the well-known political scientist and AEI emeritus scholar noted: “So Trump sent Covid tests to Putin when there was a shortage here. Meaning it is very likely that some people died as a consequence of his sucking up to his dictator buddy. Then add that he talked to Putin multiple times after leaving office. What top secrets did he share?”

Washington Post columnist Catherine Rampell wrote: “Hard to believe this guy is still a coin flip away from a second term.”

Dan Barr, Chief Deputy Attorney General of Arizona responded to Rampell, writing: “Trump’s fan boy fascination with Vladimir Putin will someday be fertile ground for psychobiographers, but for now it is disqualifying for him to be President of the United States. Ronald Reagan would certainly think so, as do all his former aides who now support @KamalaHarris.”

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Some noted that as Trump secretly sent Putin COVID tests, “in at least three instances” he “played politics and deliberately delayed disaster relief as president” because he did not want to send it to Democratic areas of the country, according to PEOPLE.

Ian Sams, senior national spokesperson and senior adviser to the Kamala Harris presidential campaign, posted this to social media:

Alexander Vindman is the former Director for European Affairs for the U.S. National Security Council (NSC). His congressional testimony on the Trump-Ukraine alleged extortion scandal led to Trump’s first impeachment.

On Trump’s “7 meetings with Putin,” he warns: “It is reasonable there is a recording of these calls in an exquisite intel program. Trump would not be the target of the collection, but because Putin is a high-value target, Trump would be caught in the collection. The Russians definitely have a recording of every call.”

“Trump’s 7 calls with Putin also explain why Putin was emboldened to launch the full-scale invasion of Ukraine and sustain more than 2 years of war. Putin has made a huge investment in Trump and expects that investment to payoff,” Vindman adds. “It’s clear now more than ever that @realDonaldTrump was the decisive factor in convincing Putin to wage a wider war on Ukraine. Trump has taken the world to the brink of Armageddon. A second Trump term would have America—& with it the entire world—go over the precipice. Trump was, is, & will be a clear & present danger to the United States.”

Investigative journalist Dave Troy, who has written extensively about Vladimir Putin, in April at The Washington Spectator warned: “Trump’s Peace Plan? Nuclear Blackmail.”

On Tuesday he weighed in on the Woodward bombshells.

“The best way to understand Trump’s ongoing fealty to Putin is that they intend, together with Musk, Vance, Gabbard, Ramaswamy, Thiel, RFK, Orban, Kim Jong Un, and friends, to reorder the world using nuclear blackmail,” he wrote at the start of a lengthy thread on X. Troy concludes, “when you read that Trump sent Putin COVID tests in 2020, and has spoken with him seven times since being out of office, know why: they are partners.”

Watch MSNBC’s report below or at this link.

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‘Dangerous’: Musk Laughing at Idea of ‘Puppet’ Kamala Harris Being Killed Sparks Fury

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The U.S. Secret Service reportedly intervened last month after tech billionaire Elon Musk, whose companies have received billions in taxpayer dollars through federal defense and intelligence contracts, subsidies, tax credits, and loans, posted a so-called “joke” on his social media platform X claiming no one is even attempting to assassinate President Joe Biden or Vice President Kamala Harris.

In a nearly two-hour interview with Tucker Carlson that posted Monday, Musk and the far right-wing host wisecracked about both his original post and his thoughts that led to the now-removed tweet.

After laughing about what will happen to Musk if Donald Trump loses his presidential bid, Musk suggested he will be imprisoned and wondered if he will see his children.

“I’ve been trashing Kampala nonstop,” Musk told Carlson, appearing to pronounce the Vice President’s name incorrectly. “Well, the Kamala puppet, I call her, you know, the machine that the Kampala puppet represents.”

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“Yeah, she’s irrelevant,” Carlson declared, waving his hand in the air dismissively.

“I made a joke, which I realized I deleted, which is like, ‘nobody’s even bothering to try to kill Kamala, because it’s pointless’,” Musk said, laughing with Carlson. “What do you achieve? Nothing. Just buy another puppet.”

“Nobody’s trying to kill Joe Biden,” Musk added. “It would be pointless.”

“Some people interpreted it as I was, as though I was calling for people to assassinate her,” Musk explained. “But I was like, but I was like, doesn’t it seem strange that no one’s even bothered to try?” he asked, laughing.

“Nobody tries to assassinate a puppet,” Musk concluded.

The Daily Beast reports Musk is a “longtime financier of Republican causes,” and “joined Trump last Saturday for his rally in Butler, Pennsylvania—the site of July’s assassination attempt. After jumping around on stage—a move that he was widely mocked for on his own site—the X CEO dished out some fear-mongering about how, if Trump doesn’t win, ‘this will be the last election.'”

Back in February The Wall Street Journal described Musk’s SpaceX as “a major national-security contractor” that “is deepening its ties with U.S. intelligence and military agencies.” The company has “a $1.8 billion classified contract with the U.S. government.”

“The Pentagon has more recently done business with SpaceX’s Starlink broadband service, including agreements to pay for Ukrainian internet links during Ukraine’s war with Russia,” The Journal also reported, noting Starlink has a $70 million U.S. military contract.

A short excerpt (bel0w) from the Musk-Carlson interview dropped Monday night, garnering 5 million views in about 13 hours. It prompted many to express outrage, anger over the violent rhetoric, and concern over a military government contractor joking about presidential assassinations. Some said they believed the FBI or Secret Service should get involved.

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Brad Moss, a well-known national security attorney, commented: “If one of my clients made this ‘joke’ their clearance would be suspended before the interview ended.”

National security expert Olivia Troye served as Vice President Mike Pence’s Homeland Security and Counterterrorism Advisor, and has had roles at roles at the U.S. Department of Homeland Security, in the intelligence community (at the National Counterterrorism Center,
Office of the Director of National Intelligence, Department of Energy), and at the Department of Defense (DOD) according to her official biography.

“Joking about assassinating our elected leaders is not just tasteless—it’s dangerous,” she warned. “In today’s divided climate, we need responsible voices, not reckless rhetoric that normalizes violence. It’s un-American for Elon Musk & Tucker Carlson to make light of such serious threats. Our leaders—and all Americans—deserve better.”

Christopher Burgess, a writer, speaker and commentator on national security issues who served for over 30 years at the CIA, commented: “Reaction: DISGUSTING

Racist – Misogynist – Cultist

All on display in one 10-15 second sound bite – there is no place for this – anywhere let alone the United States of America”

“Nothing to see here,” remarked gun violence prevention advocate Shannon Watts. “Just a man with classified federal contracts worth billions fantasizing about the assassination of the President and Vice President.”

“Deport this clown,” urged Esquire columnist Charles P. Pierce.

Journalist Jon Ralston, CEO/Editor of The Nevada Independent remarked: “These people are grotesque, the vanguard of Team Trump, simpering fools joking about assassinations. Musk, once thought a visionary, is a pathetic troll on a site he has destroyed.”

Watch the video below or at this link.

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‘Misinformation’: Peter Doocy Smacked Down by White House Press Secretary

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Peter Doocy‘s efforts to promote hurricane misinformation got smacked down Monday when Biden Press Secretary Karine Jean-Pierre blasted the Fox News White House correspondent.

Doocy began his for-the-camera claims by declaring, “President Biden is fond of saying, ‘show me your budget and I will tell you what you value.’ If he’s got money for people in Lebanon right now, without Congress having to come back, what does it say about his values? There’s not enough money right now for people in North Carolina who need it,” Doocy declared.

The Fox News reporter was promoting part of the right-wing falsehood that alleges Vice President Harris offered just $750 to hurricane victims, part of the larger conspiracy theories put out by far-right wing influencers including Donald Trump.

“That’s not misinformation,” Doocy insisted.

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“Wait,” Jean-Pierre patiently urged. “No, that is, your whole, your whole premise of the question is misinformation, sir.”

After a heated back-and-forth, the Press Secretary exploded, “I just mentioned to you that we provided more than $200 million to folks who are impacted in the area, and I just shared with you that people are deciding not to, people are deciding not to, not to.”

Doocy, Jean-Pierre tried to explain, is conflating different federal government programs, all of which are vital to victims of Hurricane Helene, and likely will after Hurricane Milton hits Florida later this week.

“This is nothing new. Peter, this is nothing new. Congress comes together. They provide money, millions of dollars for disaster relief. We’re asking them to do the job that they have been doing for some time under the President Biden, doing for some time,” Jean-Pierre added.

Republican Speaker Mike Johnson has refused to cut the House’s vacation short and order Congress back into session to provide more funding for FEMA and other disaster relief agencies.

“The President’s letter is not misinformation. Would you agree?” he continued.

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“No,” she replied, “the way you’re asking me the question is misinformation. “There is money that we are allocating to the impacted areas, and there’s money there to help people who truly need it. There are survivors who need the funding, who need the funding, and it’s there.”

“I actually said we have the money available to help survivors of Hurricane Helene and also Hurricane Milton. Now there’s going to be a shortfall, right? Because we don’t know how bad it’s, Hurricane Milton, is going to be, and so we’re going to need additional funding. We’re going to need additional funding,” Jean-Pierre explained.

“Congress needs to come back and do their job and provide extra assistance, extra funding to Disaster Relief Fund,” she added after Doocy pushed back. “That’s what Congress needs to do and we’re going to continue to urge that, you may not want that, but that’s okay. That’s what this President wants and that’s what the Vice President wants.”

Watch below or at this link.

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