A place were I can write...

My simple blog of pictures of travel, friends, activities and the Universe we live in as we go slowly around the Sun.



April 26, 2024

$6B in weapons contracts for Ukraine

US preparing to announce $6B in weapons contracts for Ukraine

The package could be finalized and announced as soon as Friday, and will include Patriot systems.

By PAUL MCLEARY and LARA SELIGMAN

The U.S. is putting the finishing touches on one of its largest Ukraine military aid packages to date, preparing to ink contracts for as much as $6 billion worth of weapons and equipment for Kyiv’s forces, according to two U.S. officials.

The package, which could be finalized and announced as soon as Friday, will dip into the $61 billion in Ukraine funding signed into law by President Joe Biden on Wednesday. It would include Patriot air defense munitions, artillery ammunition, drones, counter-drone weapons, and air-to-air missiles to be fitted on fighter planes, according to the two officials and a third person familiar with the planning.

The equipment — which also includes ammunition for High Mobility Artillery Rocket Systems and National Advanced Surface-to-Air Missile Systems — likely won’t arrive in Ukraine for several years, as the money is being allocated under the Ukraine Security Assistance Initiative. Under USAI, the Pentagon issues contracts to American defense firms to build new equipment for Ukraine, as opposed to drawing from current U.S. stocks.

Defense Secretary Lloyd Austin is expected to announce the new aid during a virtual meeting on Friday of the 50-plus nations that make up the Ukraine Defense Contact Group. It will be a big boost after the U.S. was forced to show up empty-handed for the monthly gathering for months while the funding was stalled in Congress.

The package, which comes on top of the $1 billion in more immediate aid announced by Washington on Wednesday, comes as Kyiv is being outgunned and outmanned by Russian forces as the Russian war industry is running at full capacity.

Asked for comment, Pentagon spokesperson Lt. Col. Garron Garn said the department had no security assistance announcements to make. The people familiar with the pending announcement were granted anonymity to discuss internal planning.

Moscow has been firing as many as 10 artillery rounds for every Ukrainian round fired, as Kyiv’s stockpiles dwindled.

“The Russians are going to … three shifts a day 24/7” in their defense industry, the Pentagon’s acquisition chief, William LaPlante, said on Wednesday. “Depending on who you believe, they’re at 6 to 7 percent of their GDP is spent on their military, we’re at about 3.2 percent.”

But after the $1 billion drawdown package announced on Wednesday, “Literally right now there are planes flying probably with equipment to Ukraine,” he added. “All we need is to sign the bill and we’re gone. We’re writing contracts this afternoon.”

That drawdown of artillery rounds, air defense missiles, armored vehicles and Army Tactical Missile Systems with a range of nearly 200 miles represents more immediate help for Ukraine as it tries to blunt recent Russian advances and stepped-up missile attacks on Ukrainian critical infrastructure.

The Biden administration last month secretly shipped the long-range version of the ATACMS to Ukraine for the first time in the two-year war — and Kyiv has already used the weapon several times to strike deep behind Russian lines.

“One of the things we’ve been able to see is that when Ukraine is supplied, they’ve been able to be effective,” Joint Chiefs Chair Gen. C.Q. Brown said in a discussion at Georgetown University on Thursday.

The $1 billion in immediate aid and long-rage missiles follows a similar move by the U.K., which first sent its long-range Storm Shadow cruise missiles to Ukraine in May 2023, giving Kyiv the ability to hit targets up to 155 miles away. The weapon, which is launched from Ukrainian fighter planes, has allowed Ukraine to precisely target ammunition dumps, bridges and other critical infrastructure deep inside Russian-occupied Crimea.

The U.K. announced its largest Ukraine aid package to date this week, which includes 1,600 missiles, and more Storm Shadows. France has also sent its SCALP missile, which has a similar range.

A Czech official also confirmed Thursday that their government’s initiative to pool European funds to buy hundreds of thousands of artillery shells owned by countries outside of the European Union is bearing fruit, and the first tranche of 155mm and 122mm munitions will arrive in Ukraine in June.

I blame Facebook.........

Aaron Sorkin to write movie on Jan. 6 riot: ‘I blame Facebook for January 6'

Sorkin would neither confirm nor deny that the project is a sequel to “The Social Network.”

By KIERRA FRAZIER

Screenwriter Aaron Sorkin is writing a film about the Jan. 6 insurrection and how he believes Facebook’s “divisive material” influenced the attack on the nation’s Capitol.

Sorkin, the writer famous for “The West Wing,” “The Social Network” and the HBO series “The Newsroom,” put it bluntly in a podcast episode of “The Town with Matthew Belloni”: “I blame Facebook for January 6.”

When asked to explain why, he responded: “You’re gonna need to buy a movie ticket.”

“Facebook has been, among other things, tuning its algorithm to promote the most divisive material possible,” he said in a live podcast episode recorded in Washington, D.C. “Because that is what will increase engagement and because that is what will get you to, what they call inside the hallways of Facebook, the infinite scroll.”

When asked whose responsibility that was, he replied: “Mark Zuckerberg.”

In 2019, Sorkin wrote an open letter to Zuckerberg, the CEO of Meta, criticizing Facebook’s policy of allowing politicians to post blatantly false advertisements.

Sorkin said he has yet to have a conversation with the Facebook CEO that isn’t “through the op-ed pages of The New York Times.”

After Election Day in 2020, Facebook groups grew with at least 650,000 posts attacking the legitimacy of President Joe Biden’s win, with many calling for political violence, according to a report from ProPublica.

Facebook did not immediately respond to POLITICO’s request for comment.

The country is still reeling after Jan. 6 when rioters attacked the U.S. Capitol, leaving a lasting impact on the country and Congress. More than 1,265 defendants have been charged in nearly all 50 states and Washington, D.C.

Sorkin would neither confirm nor deny the project is a sequel to “The Social Network.”

During the podcast, Sorkin was also asked whether “The West Wing” could still work as a television show today.

“The show premiered in 1999 and so much of the mail that we got would begin with, ‘I’m a Republican and I don’t agree with the political positions that your characters take,’ but what they appreciated was [the characters’] sense of patriotism, the sense of commitment,” Sorkin said. “The show romanticized public service. … I don’t know that in today’s climate, you would get the ‘I’m a Republican but.’ I think that they would likely see everything as an attack on what was happening right now.”

Traces the fates

New research traces the fates of stars living near the Milky Way's central black hole

by Northwestern University

Despite their ancient ages, some stars orbiting the Milky Way's central supermassive black hole appear deceptively youthful. But unlike humans, who might appear rejuvenated from a fresh round of collagen injections, these stars look young for a much darker reason.

They ate their neighbors.

This is just one of the more peculiar findings from new Northwestern University research. Using a new model, astrophysicists traced the violent journeys of 1,000 simulated stars orbiting our galaxy's central supermassive black hole, Sagittarius A* (Sgr A*).

So densely packed with stars, the region commonly experiences brutal stellar collisions. By simulating the effects of these intense collisions, the new work finds that collision survivors can lose mass to become stripped down, low-mass stars or can merge with other stars to become massive and rejuvenated in appearance.

"The region around the central black hole is dense with stars moving at extremely high speeds," said Northwestern's Sanaea C. Rose, who led the research.

"It's a bit like running through an incredibly crowded subway station in New York City during rush hour. If you aren't colliding into other people, then you are passing very closely by them. For stars, these near collisions still cause them to interact gravitationally. We wanted to explore what these collisions and interactions mean for the stellar population and characterize their outcomes."

Rose presents this research at the American Physical Society's (APS) April meeting in Sacramento, California. "Stellar Collisions in the Galactic Center" takes place Thursday (April 4) as part of the session "Particle Astrophysics and the Galactic Center."

Rose is the Lindheimer Postdoctoral Fellow at Northwestern's Center for Interdisciplinary Exploration and Research in Astrophysics (CIERA). She began this work as a Ph.D. candidate at UCLA.

Destined to collide

The center of our Milky Way is a strange and wild place. The gravitational pull of Sgr A* accelerates stars to whip around their orbits at terrifying speeds. And the sheer number of stars packed into the galaxy's center is upwards of a million. The densely packed cluster plus the lightning-fast speeds equal a high-speed demolition derby. In the innermost region—within 0.1 parsecs of the black hole—few stars escape unscathed.

"The closest star to our sun is about four light-years away," Rose explained. "Within that same distance near the supermassive black hole, there are more than a million stars. It's an incredibly crowded neighborhood. On top of that, the supermassive black hole has a really strong gravitational pull. As they orbit the black hole, stars can move at thousands of kilometers per second."

Within this tight, hectic neighborhood, stars can collide with other stars. And the closer stars live to the supermassive black hole, the likelihood of collision increases. Curious of the outcomes of these collisions, Rose and her collaborators developed a simulation to trace the fates of stellar populations in the galactic center. The simulation takes several factors into account: density of the stellar cluster, mass of the stars, orbit speed, gravity and distances from the Sgr A*.

From 'violent high fives' to total mergers

In her research, Rose pinpointed one factor that is most likely to determine a star's fate: its distance from the supermassive black hole.

Within 0.01 parsecs from the black hole, stars—moving at speeds reaching thousands of kilometers per second—constantly bump into one another. It's rarely a head-on collision and more like a "violent high five," as Rose describes it. The impacts are not strong enough to smash the stars completely. Instead, they shed their outer layers and continue speeding along the collision course.

"They whack into each other and keep going," Rose said. "They just graze each other as though they are exchanging a very violent high five. This causes the stars to eject some material and lose their outer layers. Depending on how fast they are moving and how much they overlap when they collide, they might lose quite a bit of their outer layers. These destructive collisions result in a population of strange, stripped down, low-mass stars."

Outside of 0.01 parsecs, stars move at a more relaxed pace—hundreds of kilometers per second as opposed to thousands. Because of the slower speeds, these stars collide with one another but then don't have enough energy to escape. Instead, they merge to become more massive. In some cases, they might even merge multiple times to become 10 times more massive than our sun.

"A few stars win the collision lottery," Rose said. "Through collisions and mergers, these stars collect more hydrogen. Although they were formed from an older population, they masquerade as rejuvenated, young-looking stars. They are like zombie stars; they eat their neighbors."

But the youthful appearance comes at the cost of a shorter life expectancy.

"They die very quickly," Rose said. "Massive stars are sort of like giant, gas-guzzling cars. They start with a lot of hydrogen, but they burn through it very, very fast."

Extreme environment 'unlike any other'

Although Rose finds simple joy in studying the bizarre, extreme region near our galactic center, her work also can reveal information about the history of the Milky Way. And because the central cluster is extremely difficult to observe, her team's simulations can illuminate otherwise hidden processes.

"It's an environment unlike any other," Rose said. "Stars, which are under the influence of a supermassive black hole in a very crowded region, are unlike anything we will ever see in our own solar neighborhood. But if we can learn about these stellar populations, then we might be able to learn something new about how the galactic center was assembled. At the very least, it certainly provides a point of contrast for the neighborhood where we live."

If Nebraska moves

Maine Dems say they’ll consider cutting off Trump’s path, if Nebraska moves to hurt Biden

Converting the state’s electoral votes to winner-take-all would likely erase any gains Trump would make in Nebraska.

By SAM STEIN

If Nebraska Republicans changed their electoral college rules to help Donald Trump this November, a top Maine Democrat said her party would try to do a similar move to counteract the impact.

The state House majority leader, Maureen Terry, said in a statement on Friday that the Democratic-controlled Legislature would “be compelled to act in order to restore fairness,” should Nebraska’s Republican governor sign legislation that made the state a winner-take-all election in 2024.

Currently, both Maine and Nebraska award a portion of their electoral votes on the basis of which candidate wins individual congressional districts. That structure seems likely to result in Trump winning one Electoral College vote from Maine and Joe Biden winning one from Nebraska this November.

But Nebraska GOP lawmakers have sought to amend their current system in order to cut off the possibility that Biden could, as he did in 2020, earn an electoral college vote by winning the state’s Omaha-district. A bill to turn the state into winner-take-all has languished in the Legislature. But at the encouragement of Trump allies, Gov. Jim Pillen, has endorsed calling a special session to try and push it through. It would still need to pass a Democratic-led filibuster, though the margin is extremely close.

“I am steadfast in my commitment to get winner-take-all over the finish line, thereby honoring our constitutional founding, unifying our state and ending the three-decade-old mistake of allocating Nebraska’s electoral votes differently than all but one other state,” Pillen had said.

Should Nebraska Republicans end up successfully changing the electoral system there, it would close off President Biden’s simplest path to reelection: holding the three “Blue Wall” states of Michigan, Pennsylvania and Wisconsin, while also winning Nebraska’s 2nd District, a blue-trending seat based in Omaha. It also would place a spotlight on Maine Democrats to respond in kind by changing their system into a winner-take-all election, depriving Trump of a likely electoral vote there.

Until recently, Democratic lawmakers in the state have not engaged in such a hypothetical. But on Friday, Terry said they would have to consider acting if Nebraska did, too.

“Voters in Maine and voters in Maine’s 2nd Congressional District value their independence, but they also value fairness and playing by the rules,” Terry said. “If Nebraska’s Republican governor and Republican-controlled Legislature were to change their electoral system this late in the cycle in order to unfairly award Donald Trump an additional electoral vote, I think the Maine Legislature would be compelled to act in order to restore fairness to our country’s electoral system.”

“It is my hope and the hope of my colleagues in Maine that the Nebraska Republican Party decides not to make this desperate and ill-fated attempt to sway the 2024 election,” she said.

Maine’s Legislature, like Nebraska’s, has already adjourned. So any consideration of such a move would have to come in a special session. And that would require the state’s Democratic governor, Janet Mills, to call lawmakers into one. But Terry’s remark was applauded by national Democrats.

Mills’ office did not respond to a request for comment.

The case today..

Here's what the defense has focused on so far in its cross-examination of David Pecker

From CNN's Kara Scannell, Lauren del Valle, Jeremy Herb

Donald Trump's attorneys cross-examined David Pecker on Friday morning, poking holes at the veracity of his comments and pointing out a discrepancy between Pecker's 2018 FBI testimony and his testimony in court this week.

Most of the questions centered around American Media Inc.'s business interests, beginning on the topic of running negative articles about Trump's foes, including the Clintons and Ben Carson. The defense was trying to establish that Pecker’s actions were made in line with the company's bottom line in mind.

Here are some of the key points from the cross examination of Pecker:
  • Pecker acknowledged that negative press for Trump's foes was generally good for business. Defense attorney Emil Bove elicited from Pecker that he would have run negative information about Carson even without a conversation from Trump, and that source agreements like the ones used for Karen McDougal and doorman Dino Sajudin were made all the time outside of the Trump sphere.
  • Pecker said that if the false doorman allegations were true, he would have run it. The defense tried to establish it was good for business for Pecker to get the rights to the story first. Pecker also testified that there was a legitimate business purpose to the agreement between AMI and McDougal.
  • Bove elicited from Pecker that “catch and kill” was not discussed at the August 2015 meeting. The meeting has become central to this case and during it, Pecker agreed to be the “eyes and ears” for Trump’s campaign and flag any negative stories to Cohen.
  • Defense pointed out discrepancy between Pecker's testimony this week and 2018 FBI interview. Pecker testified this week that Trump thanked him for handling McDougal and Sajudin’s stories during a January 2017 meeting at Trump Tower. But the defense pointed out that "Trump did not express any gratitude to Pecker and AMI" during his 2018 FBI interview. Pecker confirmed the FBI notes were inconsistent with his testimony. Bove also pointed out an error in Pecker’s testimony where he mistook the year he saw a third party agreement relating to the McDougal deal.
  • Defense elicited from Pecker that he wanted nothing to do with the Stormy Daniels allegations. Pecker testified his "main concern" about her not having been paid was the harm it could do to National Enquirer editor Dylan Howard's reputation.
  • Defense made sure to spell out for the jurors that the McDougal deal was reviewed by an election law attorney. The defense made clear that Pecker believed there would be no legal ramifications.
Pecker confirmed there was a provision related to the federal investigations in a deal with Hudson News Group regarding the sale of the National Enquirer and two other tabloids.

The investigations had to be resolved before the deal could be finalized, he confirmed. The proposed deal was worth $100 million.

Bove asked whether the federal investigation "put some pressure on the negotiations."

Pecker paused before answering. "From a timing standpoint, it would have added onto the stress of the transaction," Pecker said.

"If AMI had been indicted that would have affected the value of its assets," Bove asked while emphasizing "indicted." Pecker agreed.

Bove asked Pecker whether there was a "price pressure" on the agreement. "To Hudson News, the federal investigation was going to reduce the earnings of those magazines," Pecker said.

Bove again confirms with Pecker that American Media Inc. entered into a non-prosecution agreement with federal prosecutors.

Bove asks Pecker whether the meetings with FBI agents were stressful.

"You wanted it over with though, right?" he asks.

"Uh, yes," Pecker says.

Bove is asking Pecker about the time FBI agents came to his home in 2018.

Three agents arrived around 8 a.m. and took Pecker's phone with a search warrant, but did not search his house, the former tabloid boss testifies.

A global catastrophic risk

Is Fallout a warning for our future? A global catastrophic risk expert weighs in.

What a post-nuclear aftermath could really look like.

By Sam Delgado 

Between the crumbling of trust in our institutions and escalating global conflict, dystopia feels deeply familiar in today’s world. Though there are people and organizations who are working to keep the globe and our humanity intact, it’s normal for us to think of the worst-case scenarios.

Fallout, a recently released show on Amazon Prime based on the popular video game franchise, is the latest exploration of one of these scenarios: survival after nuclear war.

Fallout takes place in two different periods in the Los Angeles area: the moments before nuclear bombs are dropped across the US, and 200 years later. Lucy MacLean (Ella Purnell), the show’s protagonist, is a “vault-dweller” — the term for people who live underground in sealed bunkers created by a company called Vault-Tec. Despite their world’s dark past, Lucy and the community of Vault 33 remain optimistic that one day — when the radioactive levels are low enough on the surface — civilization can restart with their help. But when her father, the leader of their vault, gets kidnapped by people from the surface, Lucy leaves her bunker to bring him back.

As she embarks on her quest to find her dad, Lucy finds that the surface is a hostile place. There’s little to no food or clean water, danger exists around every corner in the form of bandits and mutants, and the lone survivors are cynical and distrustful — especially toward Lucy, whose bunkered life seems easy by comparison. As one disgruntled shopkeeper tells Lucy, “The vaults were nothing more than a hole in the ground for rich folks to hide in while the rest of the world burned.”

Indeed, in our real world, there are wealthy people investing in bunkers in case shit hits the fan, including some big names like Mark Zuckerberg. But what about everyone else? That’s a key message in Fallout: Survival isn’t equitable. And while Fallout is a fictional depiction of nuclear war that’s heavy on the sci-fi, nuclear warfare itself is not off the table in reality. There are also plenty of other existential risks that can shape how we live, like future pandemics, a changing climate causing extreme weather and disasters, and harmful artificial intelligence.

What makes nuclear war particularly terrifying is the devastation it can cause in just seconds — the horrifying damage and loss of life from the US atomic bombings of Hiroshima and Nagasaki nearly 80 years ago underscore why we should prevent this from ever happening again. Yet, nine countries are still armed with nuclear weapons, with the US and Russia possessing thousands of nuclear warheads.

So I reached out to Seth Baum, the executive director of the Global Catastrophic Risk Institute, a think tank that analyzes the greatest threats to civilization and develops strategies to reduce these risks. We talked about what the aftermath of a nuclear war could look like in our real world — and also what we should focus on now to prevent this scenario from happening, as well as how we could prepare for it if it does.

“We do actually need to take this seriously, as dark and unpleasant as it is,” Baum said. “It is a very worthwhile thing to be doing because we could really need it. It could be the difference between life and death for a massive number of people.”

This interview has been edited for length and clarity.

After watching Fallout for myself, it feels like an ominous warning. But, of course, it’s also describing an alternate history, and there’s a lot of science fiction in the story. What could an actual post-nuclear world look like for us?

[It] probably would not involve mutants and monsters. Nuclear radiation can cause some mutations, but it probably wouldn’t actually happen like that. But that’s okay, it’s a video game and a TV show, it’s supposed to be entertaining — that’s fine.

The most important thing we can do is to not have a nuclear war in the first place. And that should always be the first option to address the risk of nuclear war. In the event of an actual nuclear war, for people who are in the immediate vicinity of the explosion, there’s not much that can be done. The force of a nuclear explosion is too much. Buildings will be destroyed, people will be killed, that’s just how it’s going to be.

Then for the rest of the world, this is where things get interesting. The plausible nuclear war scenarios would not have nuclear explosions across the whole world. First of all, we just don’t have that many nuclear weapons, which is a good thing. Second of all, much of the world is just not a likely target in any actual nuclear war scenario. You know, I live in New York City, it’s a good chance I would die, right? We are a likely target of nuclear explosions.

But across much of the world, across Latin America, across Africa, large portions of Asia — these are countries that are not involved in any significant disputes with the nuclear-armed countries. There’s only a few nuclear-armed countries, and we tend to have our nuclear weapons pointed at each other and at our close allies, maybe.

So unless you happen to live near [a nuclear missile silo], you’re probably not going to get hit, you’re probably going to survive the immediate attack. Then there are a few things that you’re going to want to look at. The two big global effects are one, nuclear winter, and two, damage to the global economy. If you start removing hubs from the economy, that’s going to have an effect on the rest of the economy. What would that effect be? Well, nobody really knows, we’ve never tried it before. That’s something that every country would have to deal with. At a minimum, there’s going to be some sort of supply chain shocks. Also, nobody’s really studied this in much detail — we could at least try studying it a little bit.

There has been more research on nuclear winter — I’m using the term nuclear winter broadly to refer to all of the global, environmental effects of nuclear war that come from basically the ashes of burning cities and burning other places going up into the stratosphere, which is the second level of the atmosphere, and it stays up there for months, or even years. That can have a variety of effects. One of the biggest being plants don’t grow as much, because it’s colder, it’s darker, there may be less precipitation. So there are some projections and very severe agricultural shortfalls. It could take a lot of effort just to survive, even for countries that had nothing to do with a conflict that caused the war.

How is the US prepared to preserve the lives of its civilians in the event of a nuclear war or other catastrophic events with similar impacts, if at all?

My understanding from this is that we’re just not really prepared to handle this type of situation, that we have some emergency management capabilities, but we push past the reasonable limits of those capabilities pretty quickly in these very extreme scenarios. So would we be able to do some things to help out? Yeah, sure. Would we be able to keep society intact? Maybe, but I wouldn’t count on it. This is really just something that we are not currently set up to do.

Frankly, this would be a good thing to invest more in for the United States government and other governments, to invest more in the capabilities of more successfully surviving these extreme catastrophe scenarios. Nuclear war is one of them, it’s not the only one. This is something that we could and, I think, should do better at.

In the show, a select few of the population get to live safely in bunkers underground — those who have access to power and money, generally. In real life even, there’s a community of wealthy people who have invested in bunkers in case of emergencies. How do we ensure shelter and refuge for as many people as possible in these kinds of situations?

Yes, there are wealthy people who are making these preparations. There are also the survivalists, the preppers, who are doing similar sorts of things, often with a much deeper commitment to actually surviving. Having a bunker in New Zealand doesn’t do you very much good if you’re in the United States during the time of the war.

So for people living out in more strategic locations on a permanent basis, those people may be a lot more likely to survive something like a nuclear war, which targets the big cities in ways that it doesn’t matter how much money you have, you can’t survive the nuclear explosion. It just doesn’t work that way.

What does bring benefits is having the resources in place to deal with the aftermath, which for nuclear war could include a combination of food stockpiles, and preparations to continue making food through any agricultural shortfalls with nuclear winter, could include the public health capabilities to manage the effects. If we see significant supply chain shocks, and just general disruption of how a civilization functions, that can create major public health challenges even away from where the attacks occurred. And also, the social and psychological and institutional preparedness. This is a really big challenge — getting people to wrap their minds around and make actual serious plans with institutional weight behind them, to be prepared to deal with this sort of thing.

It’s not easy. This is not something that we like to think about, like to work on, this is not happy stuff, right? It’s tough because most of the time, you don’t need it. In fact, hopefully you never need it. And yet, if something like this happens, and it could happen, then this could be the difference between life and death for a large number of people.

Why is there this ever-present fascination with stocking up on supplies? Whether it’s bunkers or emergency kits, it feels like people can buy their way to safety — I’m curious what you think is the underlying dynamic here?

Well, first of all, it’s just interesting. I’m fascinated by it, even if I myself am a real failure of a prepper. Despite my line of work, I’m actually not personally very good at this, plus I live in Manhattan — my default expectation is that I would just die. I don’t know my way around this stuff. But some people do, and you know, more credit to them for taking on that sort of responsibility. And a lot of this is things that any of us would be well-served by doing even for a much more basic set of catastrophes.

I remember, a few years ago, I went to a meeting of the New York City preppers group. And I was a little disappointed. I was kind of hoping to meet some really crazy, eccentric people. And it just wasn’t. The group was led by a police officer who was just doing this in his spare time, this little public service, and the people there were normal and they were just trying to learn some basics of what to do. And it turned out some of the basic preparations, it’s a lot of the stuff that FEMA recommends people do for basic disaster preparedness.

Now, is that gonna be enough for a nuclear war? Maybe not. For that, you might need something more serious, and some people are trying to do that sort of serious thing. In the event of a nuclear war, that might be the difference between them surviving and then them not surviving. It’s entirely reasonable that there’s some people out there doing it.

For the rest of us, we should, I think, broadly be supportive of this. I wouldn’t look at those people as eccentric crazies — I would look at them as people who are taking the responsibility of ensuring their own survival and their family’s survival across a wide range of scenarios. That’s commendable, and I wish that there was more of a public or communal attitude toward: Can we help all of us to do more along these lines? Because we could end up really needing it.

While the US hasn’t faced any events as deeply catastrophic for our survival as nuclear warfare would be, are there past crises that we can look to and learn from in an effort to prepare for the worst in the future?

This is a major challenge in the study of global catastrophic risk. We don’t really have a lot of data points. I mean, modern global civilization has never been destroyed before, which is a good thing. That’s, of course, a good thing. But for research purposes, it means a lack of data.

What we have to do is make use of what information we do have. And events like the Covid-19 pandemic are one really important source of information. Another we can try to learn from [is] major catastrophes that have occurred across human history. Then also for the local scale disasters that occur on a relatively frequent basis: natural disasters, violent conflicts, and so on. All of this does provide some insight into how human societies respond to these sorts of situations.

The best we can do is take what we do have experience with, what we do have data on, and extrapolate that as well as we can to these other scenarios that have never happened before, and use that as the basis for using our best judgment about how we can survive and cope with it. And along the way, we can perhaps use that as that much more motivation to prevent these scenarios from happening in the first place, which, again, is always the best option.

Ideally, the world never finds itself in a situation as devastating to human life as global nuclear war would be. How do we reduce that risk as best as possible?

There are a lot of small-picture things that can be done, and then there is that one big-picture thing that, in my opinion, is not getting the attention that it deserves.

The small picture things — and in my experience, this is the primary focus of work on nuclear war risk reduction — are just the day-to-day management of nuclear weapons systems and relations between the countries that have them. This was all especially pronounced recently during the most tense moments of the ongoing conflict in Ukraine, and is probably still a day-to-day concern for the people who manage the nuclear weapons systems in Russia, in the United States, and France and the UK. There’s a lot to be done there to prevent things from escalating, and this is important work.

In my opinion, none of this solves the underlying issue: which is that there are these countries that have nuclear weapons, some of them in rather large numbers. And so those nuclear weapons are pointed at each other and may at some point get used. My view is that the only real solution to this is to improve the relations between these countries, enough that they don’t feel that they need the nuclear weapons anymore. Now, that process can include attention to how terrible the aftermath of nuclear war would be that makes countries that much more eager to get rid of these terrible weapons.

But I have a hard time seeing any significant nuclear disarmament without significant improvements in the relations between the countries that have them, the most important of which is Russia.

This is not a quick-fix solution. This is something that, if it’s going to happen, it would probably happen over the decades.

Almost No One Believes Him. Almost???

Trump Denies the Affairs at the Heart of the Hush-Money Case. Almost No One Believes Him.

This strategy could backfire.

DAN FRIEDMAN

Donald Trump is on trial in Manhattan facing 34 counts of falsifying business records as part of another crime: conspiring to influence the 2016 election. Manhattan District Attorney Alvin Bragg argues that, to squelch negative publicity that might hurt Trump’s 2016 campaign, Trump directed the creation of fake records to hide hush-money payments to women who claimed they’d had extramarital sex with him. 

That’s a complicated case to prove. And one in which it does not matter one whit, at least legally, who Trump actually had sex with. All Trump’s lawyers have to argue is that the payoffs, while perhaps unseemly, were legal. And they’re doing that. Yet Trump’s lawyers are also going further, asserting that the former president didn’t have sex with any of the three woman whose possible encounters with him resulted in payoffs for silence.

In one case—a $30,000 payout to a doorman who claimed to know of Trump fathering an out-of-wedlock child—the underlying allegation in fact seems to be false. But it’s striking that Trump’s defense includes denials that he slept with porn star Stormy Daniels (who received $130,000) and Playboy model Karen McDougal ($150,000). That’s because, to exaggerate only a bit, no one believes him.

The ongoing testimony of David Pecker, the former publisher of the National Enquirer, who helped spearhead the so-called “catch and kill” scheme to buy the rights to stories about Trump’s alleged encounters in order to suppress the claims, drives home that point. Pecker on Thursday indicated that he, former Enquirer editor Dylan Howard, and Trump fixer Michael Cohen all believed McDougal’s account of a year-long sexual affair with Trump.

What’s more, according to Pecker, Trump did nothing at the time to counter that impression. Pecker recounted a June 2016 call with Trump which came while Pecker’s company was in the process of buying the rights to McDougal’s story. Trump, who Pecker said knew of McDougal’s claims and the talks about paying her to stay quiet, remarked that “she is a nice girl,” Pecker recalled. Trump then asked: “What do you think I should do?” Pecker said. Pecker said he suggested paying her. Trump, that is, did not deny McDougal’s claims. Nor, according to Pecker, did Trump dispute her claims in a January 2017 Trump Tower meeting in which he thanked Pecker for “handling” the matter.

Pecker was less involved in a payout made to suppress Daniels’ claim of a 2006 sexual encounter with Trump, during which she claims to have spanked him with a magazine with his own picture on its cover. But Pecker in his testimony has not mentioned Trump or his team seriously disputing her claims.

Contrast that with the story pushed by the former doorman. Pecker said Cohen angrily disputed the claim in a phone call and conveyed an offer by Trump to take a DNA test proving he was not the child’s father. (Nevertheless Cohen and Pecker arranged to pay the doorman for his silence.)

These exchanges came as Pecker testified that his efforts to bury stories about Trump’s alleged trysts were part of an ongoing scheme to help Trump’s campaign. “We purchased [McDougal’s] story so that it wouldn’t be published by any other organization,” Pecker testified. “We didn’t want the story to embarrass Mr. Trump or embarrass or hurt the campaign.”

Pecker said that he assumed Trump wanted sex stories silenced to help his campaign, not as Trump later claimed, to protect his family, since neither Trump nor Cohen ever mentioned a familial concern but did reference the effect on his candidacy. Pecker also said that he understood that his payouts amounted to illegal campaign contributions.

“I wanted to protect my company,” Pecker said later, explaining why he had lied to journalists in effort to dispute reporting on his payment to McDougal. “I wanted to protect myself, and I wanted also to protect Donald Trump.”

That testimony could prove damning for Trump, helping prosecutors make their case that the phony business records Trump allegedly okayed were part of a plot to influence the election.

Who Trump did or didn’t have sex with matters much less. He is not going to go to prison for adultery. But the dubious denials by Trump’s lawyers, seemingly made at his behest, might matter. While the attorneys can reasonably question the Manhattan DA’s case, they risk undermining their credibility with jurors with unnecessary and unpersuasive denials.

Very Strange Theory

Samuel Alito Has a Very Strange Theory for How to Protect Democracy

The hard-right justice worries that if Trump is prosecuted, defeated presidents might refuse to leave office peacefully.

PEMA LEVY

On Thursday, the Supreme Court held oral arguments over former President Donald Trump’s claims that he enjoys absolute immunity from criminal prosecution for engaging in what he contends were his official duties while in office. And one justice, Samuel Alito, offered a particularly wild theory about how to preserve American democracy and the rule of law.

The case centers on whether special counsel Jack Smith’s indictment of Trump for trying to overturn the 2020 election can proceed or whether—as Trump contends—he is above the law when it comes to his conduct leading up to the January 6 insurrection. Much of Thursday’s hearing revolved around a debate over which of two possibilities poses a greater threat to American self-government: that defeated presidents might fear prosecution by vindictive political enemies upon leaving office, or that sitting presidents—secure in the knowledge that their legal misdeeds cannot be punished—might reign with impunity. Based on their questions, it seems possible that a majority of the justices prefer the latter. At the very least, the court appeared likely to rule in a way that would immunize at least some of Trump’s efforts to steal the presidency, an outcome that could delay his trial until after the 2024 election, if it happens all. 

During oral arguments, several Republican-appointed justices expressed concern that without immunity, former presidents might suddenly begin to face criminal prosecution with regularity. But Alito took this entirely hypothetical concern to an absurd conclusion: He worried that if presidents believed theirs successors could prosecute them, they might refuse to leave office peacefully when they lose reelection. Put another way, presidents need immunity from prosecution in order to encourage them to accept electoral defeat and preserve American democracy.

Considering that this entire case is about a president who sought to illegally remain in office—and whose supporters staged a violent insurrection to help him do just that—this was a stunning argument to make. In Alito’s own words:

I’m sure you would agree with me that a stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully, if that candidate is an incumbent? All right. Now if an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy? And we can look around the world and find countries where we have seen this process where the loser gets thrown in jail.

Attorney Michael Dreeben, representing the special counsel, responded: “I think it’s exactly the opposite, Justice Alito.”

The next question went to Justice Sonia Sotomayor, who tried to rebut the idea that to preserve American democracy, we must exempt the president from the nation’s laws. “A stable democratic society needs the good faith of its public officials, correct?” she asked. “And that good faith assumes they follow the law?” 

Sotomayor then pushed at the logic underpinning Alito’s hypothetical and the broader concern of her GOP-appointed colleagues that despite checks meant to protect against politically motivated prosecutions, former presidents might become frequent targets of vengeful presidents and rogue prosecutors. “There is no failsafe system of government,” she said. “Justice Alito went through, step-by-step, all of the mechanisms that could potentially fail” to prevent abusive prosecutions. “In the end, if it fails completely, we’ve destroyed our democracy on our own.” If a future of politically motivated prosecutions of former presidents comes to pass, she argued, America will already have lost its democracy. 

The irony of using Trump as the vehicle for enhancing presidential immunity out of a fear of increased instances of political prosecution never came up. But it’s worth remembering that Trump was elected in 2016 on a platform of locking up his political opponent. Throughout his presidency, he tried to use the Justice Department to launch politically motivated prosecutions and was dismayed that the norm of the department making its own prosecutorial decisions did not break down. He has even complained bitterly that his attorney general and other federal prosecutors refused to help him steal the election.

However, should he become president again, Trump plans to tear down the post-Watergate norm of DOJ independence and wield the department as a prosecutorial weapon upon his opponents. “I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family,” Trump said last year. Trump is literally threatening to do what Alito, along with Justices Brett Kavanaugh and Neil Gorsuch, openly fretted about on Thursday. Clearly, a president attempting to use the government to prosecute political rivals is exactly the kind of person who should not be granted more authority to break the law. 

Earlier in the arguments, Justice Kentanji Brown Jackson helped explain the moral hazard of creating an executive who is immune from prosecution. “If someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority, could go into office knowing that there would be no potential penalty for committing crimes,” she said, “I’m trying to understand what the disincentive is from turning the Oval Office into the seat of criminal activity in this country.”

Alito and his judicial allies appeared open to that bargain—that in order for a president to act unimpeded, and without the fear of prosecution upon leaving office, he should be above the law. If the court ultimately combines this bizarre logic with endless legal delays to help Trump return to the Oval Office, it will usher in the very parade of horribles the conservative majority claims to fear. 

Not funny












 

Regulus


In northern hemisphere spring, bright star Regulus is easy to spot above the eastern horizon. The alpha star of the constellation Leo, Regulus is the spiky star centered in this telescopic field of view. A mere 79 light-years distant, Regulus is a hot, rapidly spinning star that is known to be part of a multiple star system. Not quite lost in the glare, the fuzzy patch just below Regulus is diffuse starlight from small galaxy Leo I. Leo I is a dwarf spheroidal galaxy, a member of the Local Group of galaxies dominated by our Milky Way Galaxy and the Andromeda Galaxy (M31). About 800 thousand light-years away, Leo I is thought to be the most distant of the known small satellite galaxies orbiting the Milky Way. But dwarf galaxy Leo I has shown evidence of a supermassive black hole at its center, comparable in mass to the black hole at the center of the Milky Way.

Is in the Tank

How to Know If the Supreme Court Is in the Tank for Trump

Trump’s bid for immunity from prosecution in Washington is an absurd farce. Will the court’s conservatives bail him out?

By ANKUSH KHARDORI

This week at the Supreme Court, a simple question will sound difficult: Can a former president be criminally prosecuted if he tried to steal a presidential election through a campaign of lies and political bullying that apparently violated multiple federal criminal laws?

That is the question the justices have chosen to confront on Thursday, when they hear oral argument in Trump’s pretrial appeal from the Justice Department’s prosecution in Washington. The outcome will undeniably shape the 2024 election.

Some commentators have insisted that the issues aren’t simple, that they are sprawling and complicated, and that the court must grapple with the implications of its ruling in this case for future presidents to come.

Legal framing is often a deliberate choice. The court can — and should — have resolved this issue narrowly and quickly. But instead, the justices chose to hear arguments, a decision that already has imperiled — possibly fatally — the prospect of a trial for Trump on Jan. 6 charges before Election Day.

Even if Trump ultimately loses at the high court, that delay may already have provided him with a de facto form of immunity, since he could easily escape judgment before the election. And if he wins reelection, it will have been as good as a get-out-of-jail-free card.

Unfortunately, there is still more that the conservative justices can do to help Trump out.

The correct answer to the question in the United States of America — where colonists waged a war to free themselves from the rule of a king — is clearly “no.”

Indeed, Trump’s argument for immunity is “at least in its strongest form, crazy,” as Michael Dorf, a constitutional law professor who currently teaches at Cornell Law School, told me last week. Dorf clerked for Justice Anthony Kennedy, hosts a lively and insightful blog that features some of the most clear-eyed commentary about the workings of the court today and also holds the dubious distinction of having been my constitutional law professor years ago.

Intuitively, most Americans appear to recognize that Trump’s arguments are absurd: In a recent POLITICO/Ipsos poll, 70 percent of respondents, including nearly half of Republican respondents, said that they do not believe that U.S. presidents should be immune from criminal prosecution for alleged crimes that occurred while in office.

Trump first asserted his crazy argument last October, and U.S. District Judge Tanya Chutkan rejected it in December, in a rigorous and well-reasoned opinion. Trump appealed to the D.C. Circuit Court of Appeals shortly thereafter, resulting in a stay of the pretrial proceedings and an indefinite adjournment of the March 4 trial date that Chutkan had previously set. Justice Department special counsel Jack Smith asked the Supreme Court to hear the appeal straight away, but they declined that very sensible proposal.

In early February, a three-judge panel of appellate judges affirmed Chutkan’s ruling in an even more thorough and compelling opinion, ultimately holding that “any executive immunity that may have protected [Trump] while he served as president no longer protects him against this prosecution,” which concerns, among other things, “the citizenry’s interest in democratically selecting its president.” Days later Trump appealed to the Supreme Court, and about two weeks after that, the justices — three of whom he appointed — set the case for oral argument for late April. The result will be that a question whose answer was obvious back in December is unlikely to get that answer from the Supreme Court until its session ends in June.

“I was surprised and distressed that the court set it for argument rather than quickly rejecting it,” Dorf told me. “You take a couple days,” he continued. “You issue a five-page opinion, the upshot of which is, ‘No, a former president is not above the law.’”

There is good reason to remain worried about the conservative justices’ handling of the case so far, about how they have already influenced the 2024 election to Trump’s political benefit and about how they could inflict still more damage on the most important democratic process in our country: the presidential election.

On the merits, the arguments that Trump and his lawyers have been making are ridiculous, and they have not materially changed since his lawyers began making them over six months ago.

“It’s never been suggested that the president can just violate laws with impunity so long as he’s acting within the outer perimeter of his official duty,” Dorf said. “In fact, you might think that the text of the impeachment clause” in the Constitution “simply resolves the question.”

Indeed, that clause specifies that a federal official who has been impeached “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.” Read with a modicum of common sense, the clause indicates that if someone has been impeached — including the president — that person can also be criminally prosecuted. The clause presupposes the legitimacy of a criminal prosecution against a president, at least after he leaves office.

In a tour-de-force of illogic, Trump’s lawyers have claimed almost the exact opposite. They argue that the text of the provision means that the president can only be criminally indicted after leaving office if he was first impeached and convicted by trial in the Senate.

That argument makes no sense as a legal, political or practical matter. Under that reading of the Constitution, a president who is angry about having to leave office after losing an election could nuke an American city at 11:59 am on Jan. 20, right before his successor takes over, and be immune from criminal prosecution.

Trump’s lawyers have also argued that the court should infer some form of presidential criminal immunity from the president’s immunity from civil lawsuits, which protects them from cases that concern acts within the “outer perimeter” of the president’s duties. The majority reached that conclusion based on structural inferences from the Constitution and the practical consequences of a ruling to the contrary — most notably, the chilling effects on presidential activity that would result if he could be sued by anyone for doing his job.

But the analogy between civil and criminal immunity is dubious for many reasons — not the least of which is that anyone can file a civil lawsuit but only the Justice Department can bring a federal criminal prosecution. That process comes with built-in political and legal protections that do not exist in the civil context. The attorney general is a political appointee who is accountable to the president, who is in turn accountable to the American people. Prosecutors must also get approval from a grand jury to bring charges; at trial, they have to prove every element of their case beyond a reasonable doubt; and the jury has to vote unanimously in favor of a verdict of conviction — none of which applies to civil cases.

There are strong policy reasons to reject the comparison as well. “We worry about civil liability,” Dorf explained, “for fear of over-deterrence” — of inhibiting the president from taking actions in the national interest — “but if you eliminate all criminal penalties, and you get a criminal president, then you’ve got a severe under-deterrence problem.”

This doesn’t mean that there might not be some limited form of criminal immunity for a former president. “It’s not crazy to think that something like some kind of qualified immunity for a judgment within the scope of the president’s discretion could affect how you construe a statute as applied to official conduct,” as Dorf told me, “but there’s nothing resembling that here. The closest they’ve come up with is to say that as president, [Trump] was concerned about there being election fraud, and therefore he was ordering the Justice Department and these other people to investigate it.”

That would be a perfectly fine factual defense at trial if Trump could actually prove it, but there is no reason that highly dubious assertion should shut the whole proceeding down under a fact-free theory of immunity.

As Dorf put it to me, “The idea that simply because you were doing something that in a totally different universe could have been done by a president for a legitimate reason means that you’re immune to prosecution — when it’s very plausibly alleged that you were doing it for a totally illegitimate reason — is quite shocking.”

Thanks to the Supreme Court, the prospect of a trial in Washington currently remains highly uncertain, but there are still ways for the court’s conservatives to foreclose the possibility entirely. And they can do that even if they ultimately reject Trump’s bid to dismiss the case by the end of June.

The most obvious way the court could lend Trump a hand would be to devise some new standard for determining whether presidents might have criminal immunity for acts they committed while in office, and to then send the case back to Chutkan for review under that standard. Something similar happened in 2020 after the Manhattan D.A.’s office went all the way up to the Supreme Court in their bid to obtain Trump’s tax returns.

A comparable test in this case might require Chutkan to analyze the allegations in the Justice Department’s indictment to determine whether some of them should be excluded from the case because they might concern presidential actions that should for some reason be immune from criminal prosecution — perhaps even using some version of the “outer perimeter” test that applies to presidential immunity in the civil context.

If that test requires Chutkan to hold pretrial evidentiary hearings that might then be subject to further review, that could as a practical matter eat up most if not all of the remaining time on the calendar before Election Day if — or when — the case returns to her.

We may see some warning signs for this scenario during the oral argument.

The three liberal justices are almost certain to reject Trump’s arguments, so the people to watch will be justices Brett Kavanaugh, Amy Coney Barrett and Chief Justice John Roberts. “For Trump to lose, he’s got to lose at least two of them,” Dorf said.

I asked him what we should be listening for from those justices. “I would be concerned if I heard from Roberts, Kavanaugh or Barrett hypothetical questions that seem designed to elicit the answer, ‘Oh, well, in that case, the former president would be immune,’” Dorf told me. For instance, “What if the president as commander-in-chief orders SEAL Team Six to take out a terrorist, and then is charged with some kind of war crime? Does he have to stand trial if it’s plausibly within the realm of his commander-in-chief functions?”

Dorf was ultimately less concerned than I am about the prospect of the case going back to Chutkan with instructions for further pretrial analysis of the allegations.

“It’s hard to imagine any plausible test that you would apply that delays anything further unless the test is, ‘If the president is awake and doing something other than vacationing, he’s immune.’ If it’s anything short of that, then it should be relatively easy to say this case doesn’t fall within the scope of immunity, and I don’t think that adds substantial delay.”

We shall see, but in the meantime, the conservative justices are further deepening the serious credibility crisis on the court that has been created by their rulings — most notably, the overruling of Roe v. Wade.

The trajectory of the court in recent years has spurred many serious and veteran court watchers — Dorf included — to sharply question the partisan leanings of the conservative justices and to closely question the standard model of the court as a collection of justices with sincerely motivated ideological differences.

“One would think I would have been disabused of that idea by Bush v. Gore, by Shelby County v. Holder,” Dorf continued, “by any number of cases from the Rehnquist and Roberts courts that are best explained as serving the institutional interests of the Republican Party rather than any particular vision of the Constitution.”

The favorable treatment Trump is receiving, however, remains curious even as a political matter. “You would think that a savvy justice who is sufficiently partisan would love to get rid of Trump, but that doesn’t seem to be true. Maybe that’s because they realize at this late juncture that it’s too late to take him out — he’s got the nomination. But they’re partly responsible for us being at this late juncture.”

Indeed.

The court’s conservative majority has earned the public’s distrust and disdain the honest way — by issuing transparently political rulings that are clearly aligned with the political priorities of the Republican Party. Now would be a good time for them to start climbing out of the hole that they dug for themselves.

The public is clearly paying attention to the Trump case — and rightly so. If the conservatives further meddle with Trump’s trial or indulge Trump’s nonsensical claims, there’s no telling how much lower their public approval and political standing in the country could drop. A crisis of credibility can always get worse.

Conviction Was Overturned

‘Hindsight Is 20/20’: Why Harvey Weinstein’s Conviction Was Overturned

A former prosecutor in the Manhattan DA’s office says a retrial of the disgraced Hollywood producer can be successful.

By NICK REISMAN

After Manhattan District Attorney Alvin Bragg finishes his trial with Donald Trump, he’ll have to turn to Harvey Weinstein.

The disgraced former Hollywood mogul saw his 2020 conviction on sex crimes charges overturned Thursday by New York’s top court in a 4-3 decision that shocked the public.

But Catherine A. Christian, a former prosecutor who spent more than 30 years in the Manhattan DA’s Office, wasn’t surprised.

“A number of us were expecting that it probably would be reversed if there was some sort of intellectual honesty, because you don’t want to make bad law for bad defendants,” Christian told POLITICO Magazine.

The state Court of Appeals determined Weinstein ultimately did not receive a fair trial because it included testimony from witnesses who accused him of sexual abuse and harassment, but were not part of the criminal charges directly at issue.

Weinstein has been serving a 23-year sentence at an upstate New York prison for a conviction that helped fuel the #MeToo movement and a societal reckoning over sexual misconduct. But he’s not about to be set free. Not only did the top New York court order a new trial, but he also faces a 16-year prison sentence after being convicted by a California jury in 2022 of raping a woman at a hotel in Beverly Hills.

The decision by the New York court was decried by victims advocates, who worry it could chill future sexual assault cases. But Christian said the case — which was initially led by Bragg’s predecessor, Cyrus Vance Jr. — can be retried successfully. And she offered some advice on how to do it.

The following interview has been edited for length and clarity.

The court’s decision to overturn Harvey Weinstein’s conviction came as much of a shock to the public. Were you surprised by the ruling?

What I think the four judges said: I know this was a very high-profile case, this may be a despicable man, but the law is the law. And in this case, we have to follow the law, not how we feel about how despicable this particular defendant is.

I’m not surprised. That they did overturn it shows that they just stuck to the facts and the law and not the celebrity, not how they may personally find him offensive. They looked at that transcript, and then just followed what they believe is the right take on the law.

At the time of the original trial, did you think it was a mistake to have other women testify in this case as witnesses to Weinstein’s misconduct but who were otherwise not part of the criminal charges?

The law allows you, if it’s not too prejudicial, in certain instances to bring out prior uncharged crimes if it goes to notice, intent, common plan or scheme. So, there’s a number of exceptions.

It’s a legitimate decision that the prosecutors made. Yes, now that it’s overturned, you know, hindsight is 20/20. And let me say this, I know the two prosecutors who tried it, and they’re excellent. It was still up to the [lower court] judge, the judge could have said no. And the judge said, “You can do this,” and the Court of Appeals said, “Actually, you shouldn’t have.”

I wouldn’t be overly critical of the trial prosecutors. There were a lot of legal minds in the office that went into the prosecution of this case. You always hope that if you get a conviction as a prosecutor, it will stick. But in a case like this, there were strategic decisions that now have turned out, according to the Court of Appeals, to have been a mistake.

The Manhattan District Attorney’s office has already pledged to retry the case. Do you think there was any hesitation there? Are there risks to doing so?

To me, you have to retry assuming all of the witnesses are available. Harvey Weinstein has been convicted in Los Angeles, so he’s not going anywhere.

They’ll retry it and this time, they’ll do it the way the Court of Appeals says it should be done.

The negative now in retrying it means these women have to come back and do it all over again, and be cross-examined all over again. So that’s the negative of a retrial for the prosecution.

Arthur Aidala (center), an attorney for Harvey Weinstein, speaks during a press conference.
Arthur Aidala (center), an attorney for Weinstein, speaks during a press conference outside Manhattan Criminal Court. | Yuki Iwamura/AP

How will this shape sexual assault cases going forward? What about the trajectory of the #MeToo movement?

First of all, the Court of Appeals didn’t say he can’t be retried because it’s so clear that he’s factually innocent. That’s not what this decision was. I don’t even want to call it a technicality.

There was evidence that should not have been admitted, or should not have been allowed to be admitted, because it was too prejudicial. That’s really the gist. I don’t think it should be spread to all sexual assault cases. It’s limited to the facts of this specific case, and how this specific case was tried.

It will affect the law, not just on sexual assault cases, but all criminal cases in New York about what a prosecutor is allowed to bring as evidence, of what uncharged crimes, can they put on their direct case, what prior, vicious, immoral criminal acts can they cross examine the defendant about. That’s in all cases.

But I don’t think this is going to affect prosecutors from going after people who are charged with sexual assault if they can prove it beyond a reasonable doubt. I don’t think, and I’m hoping, it won’t deter victims from reporting it, particularly against high-profile men, because this case happened to be reversed.

Bill Cosby’s case at the Pennsylvania Supreme Court — he had his conviction reversed because of an error made by the prosecutor. It wasn’t like saying either of these men didn’t do it. That’s usually not what the appeals courts do. They just determine whether or not what was done at the trial was legally correct.

DA Alvin Bragg is currently focused on the Trump trial in Manhattan. Could that have any impact on a new Weinstein trial? If not legally, then politically?

No, because remember the Manhattan DA’s office is huge. The Trump trial is being tried by the investigations division.

The Harvey Weinstein case will be done by the Special Victims division, it’ll be their sex crimes division. It’s very, very different. Different set of assistants, whole different thing. I always say about this Trump trial, there are assistants in that office who have their own trials that have nothing to do with this Trump trial.

They probably were anticipating the decision, and it could have gone either way. They probably prepared themselves — suppose the conviction is overturned, what will our response be? I don’t think it was shocking to them.

Attack Israeli forces

Gaza-based militants attack Israeli forces preparing for US pier

No U.S. equipment was damaged.

By LARA SELIGMAN

Gaza-based militants launched mortar rounds on Wednesday at Israeli forces making preparations for the U.S.-led effort to establish a new maritime aid route for Gaza, according to three U.S. officials.

No American equipment was damaged as the U.S.-led project — which will establish a pier a few miles offshore as well as a causeway anchored to the beach to expand access to humanitarian aid — is not yet complete, said one of the officials. All were granted anonymity to discuss sensitive plans.

But the attack came as U.S. military personnel were scheduled to soon begin construction of the pier, which the U.S. hopes will drastically expand the amount of aid that can reach the enclave. The Pentagon has said the project will be operational by the end of the month or early May, and U.S. military ships are standing by to start the work.

It’s not clear whether the militants knew what they were attacking, said the first U.S. official, adding that they may have simply seen a “target of opportunity” to strike the Israel Defense Forces.

A “small number of mortars” caused “minimal damage” in Gaza in the vicinity of the “marshalling yard area for humanitarian assistance that will soon be delivered by sea,” said one of the officials, a member of the U.S. military. The attack occurred before U.S. personnel began constructing the floating pier, the official said, noting that “there will be no U.S. forces on the ground in Gaza.”

The attack does not delay efforts for the maritime corridor, and effort is still on schedule to begin initial operations in early May, the military official said.

The IDF confirmed in a statement that militants from various groups in the Gaza Strip attacked “the engineering work area in the northern Gaza Strip.”

The IDF did not specifically mention the U.S.-led effort but said the work “is being carried out as part of IDF efforts, in cooperation with international partners, to expand Humanitarian aid to Gazan civilians.”

The mortar rounds struck the area where preparations for the project were getting underway, said the third U.S. official.

The attack took place while United Nations officials were touring the area, according to the IDF statement. During the attack, the UN officials “entered protected spaces following the instructions of IDF soldiers in the area.”

The attack occurred just before reports emerged on Thursday that the U.S. military would begin assembling the pier and the causeway as soon as this weekend.

“This is further proof of the continuous attempts made by the terrorist organizations in the Gaza Strip to systematically harm humanitarian efforts, endangering the lives of UN workers while Israel remains committed to enable and facilitate humanitarian aid to Gazan civilians,” according to the IDF statement.

Pentagon spokesperson Maj. Gen. Pat Ryder said this week that U.S. military ships carrying equipment to build the pier are in the Mediterranean “standing by” to begin construction. Officials are still running through a “checklist” of things that need to be in place before construction begins, including finalizing agreements for security and distributing the aid.

The project is still planned to be operational by the end of April or early May, Ryder said.

The Biden administration is ramping up efforts to expand humanitarian aid to Gaza, a senior administration official told reporters.

“This week, we are doing everything we possibly can to truly surge humanitarian assistance in Gaza, and that really is happening now,” the official said.

Future dims......

Coal’s future dims as new regulations pile on and former defenders retreat

The industry’s most influential bipartisan backers are leaving, but others will take their place — at least among the GOP.

By ALEX GUILLÉN

Coal, the fading powerhouse of the U.S. electricity system, is about to see its fortunes turn even darker.

New Biden administration pollution regulations released Thursday will make it more expensive for energy companies to keep burning coal. The industry is losing two of its most powerful advocates in Congress, Senate Republican leader Mitch McConnell and Democratic Sen. Joe Manchin. And last month’s collapse of the Key Bridge in Baltimore choked off a crucial export conduit for coal producers whose domestic markets have dimmed during the past two decades.

The industry still has supporters in Congress, who are mobilizing to oppose President Joe Biden’s latest regulatory assault on carbon pollution from coal plants. But coal’s place in the economy has been in dramatic decline for years, displaced by cheap, abundant natural gas and the rise of renewable power as electricity producers bowed to demands to address climate change and the rising costs of abating pollution. The country’s coal output has dropped by half since peaking in 2008.

Now the U.S. has a fleet of aging power plants that are slipping toward retirement — pushed on their way by persistent legal pressure from environmentalists who are hailing the new regulations from the Environmental Protection Agency.

“This does mark an important inflection point,” said Mary Anne Hitt, who as head of the Sierra Club’s Beyond Coal Campaign spent years stopping new coal plants from being built and forcing others to close.

But despite coal-fired power plants contributing just 16 percent of U.S. electricity last year, compared with about half two decades ago — and forecasts from the U.S. Energy Information Administration that more than 20 percent of the existing coal power plants will close by 2030 — the sector still wields some political might in Washington.

That means the industry can still wage fierce political fights like the one brewing over Biden’s latest regulations, Hitt said.

“I think the coal industry still has powerful friends in Washington and still is a force to be reckoned with in our political system — but not in the way that it once was,” said Hitt, who hails from West Virginia and is now the senior director of U.S. initiatives at the philanthropic foundation Climate Imperative.

Coal’s remaining political support will be out in force to fight the new measures the Biden EPA unveiled: a climate rule that will require power companies to cut carbon dioxide emissions from coal power plants by 90 percent if they intend to operate past 2039. The agency also issued separate regulations governing coal plants’ hazardous air pollution, wastewater and toxic ash waste. Taken together, those rules are widely expected to accelerate coal-fired power plant retirements, if the regulations survive their inevitable court challenges.

While recognizing it’s no longer the dominant juggernaut it once was, the coal industry says it still has plenty of support among lawmakers.

“We’re pretty confident that we’ve got a great bench that is stepping forward,” said Rich Nolan, president and CEO of the National Mining Association.

McConnell, who will relinquish his role as the Senate Republican leader in November, has long used his legislative power to benefit his home state and its coal industry, including by attacking climate regulations and directing federal dollars to Kentucky. And his intense focus on the federal judiciary — culminating in shifting the Supreme Court to a conservative supermajority — gave the high court the votes needed to curb EPA’s climate authority over power plants and other environmental regulations. Those conservative justices are likely to get the opportunity to decide the fate of the upcoming EPA climate rule.

Neither of the senators running to replace McConnell as the GOP leader — John Cornyn of Texas and John Thune of South Dakota — comes from the Appalachian and Western centers of coal production. No coal is mined in South Dakota, and while Texas is the nation’s biggest coal consumer, its four active mines produce only about 5 percent of the total U.S. output. Both, however, are considered friends of the industry.

And there is no shortage of other pro-coal Republicans.

Sen. Shelley Moore Capito of West Virginia is the top Republican on the Environment and Public Works Committee. (She denounced Thursday’s EPA rules, calling them the latest plank in an “unrealistic climate agenda that threatens access to affordable, reliable energy.”) John Barrasso, the Energy and Natural Resources Committee’s ranking member, is running for whip, and his state of Wyoming is far and away the nation’s biggest coal producer.

Nolan pointed to vocally supportive GOP senators from significant coal states, including Mike Lee of Utah, Cynthia Lummis of Wyoming, Kevin Cramer and John Hoeven of North Dakota, “and even moderates like [Alaska Sen. Lisa] Murkowski.” Those lawmakers, he said, have championed causes such as “grid reliability and the importance of all-the-above energy.”

Coal also has influential Republican supporters in the House.

Former House Appropriations Chair Hal Rogers of Kentucky is still a high-ranking member and used his position to help secure significant funds for mine cleanups and other efforts supporting coal. Rep. James Comer, also of Kentucky, has used his chairmanship of the Oversight Committee to push back against the Biden administration’s environmental agenda.

“I think there’s still a pretty significant constituency for coal in both chambers,” said Neil Chatterjee, a former energy aide to McConnell who chaired the Federal Energy Regulatory Commission during the Trump administration. “Coal will still have a voice in Congress.”

But over the past 15 years, that voice has gone from singing on both sides of the aisle to, largely, one.

“If you look at Democrats and you line them up about who’s in favor of coal, I don’t know that you’re going to find anybody,” said Charles McConnell, an Obama-era assistant Energy secretary for fossil fuels.

Manchin always stood out among Democrats. His first Senate election in 2010 famously featured an ad showing him using a rifle to shoot the party’s carbon cap-and-trade bill. As his home state of West Virginia turned deep red and Democrats’ hold on power in the Senate narrowed, Manchin’s influence over energy and climate legislative achievements grew, particularly on the Inflation Reduction Act in 2022.

Sen. Joe Manchin listens during the 'Politics and Eggs' event, as part of his national listening tour.
Joe Manchin always stood out among Democrats. His first Senate election in 2010 famously featured an ad showing him using a rifle to shoot the party’s carbon cap-and-trade bill. | Charles Krupa/AP

That sweeping bill had appeared dead because of Manchin’s opposition to new climate spending until the surprise announcement that he had secretly negotiated a deal with Democratic leadership. The IRA included hundreds of billions in clean energy and climate spending. But Manchin used his leverage to ensure the law increased and enhanced the so-called 45Q federal tax credit for carbon storage, which will benefit fossil fuels.

“Manchin was a lone wolf,” said Charles McConnell, who is now executive director of the Center for Carbon Management in Energy at the University of Houston. (He is no relation to the Kentucky senator.)

Some Democrats on the Hill still hail from states with coal interests, but they lack Manchin’s history and connection with the industry and his hyper-focus on the issue.

Pennsylvania and Illinois are the third and fourth biggest producers of coal, and Pennsylvania’s steel industry is a major consumer of coal to make coke, a key component of the metal.

Both are represented by Democrats in the Senate. But those states’ politics are also heavily influenced by their urban centers, which limits the cultural and economic influence coal enjoys in states like West Virginia.

Manchin’s departure is an opportunity for lawmakers from those states, particularly Sens. Bob Casey and John Fetterman from Pennsylvania, to take up the mantle of advocating on coal-related issues, said Chelsea Barnes, director of government affairs and strategy at the environmental group Appalachian Voices.

More importantly, she argued, it offers the chance to change the tone for Democrats because those lawmakers focus more on mine remediation and promoting union labor than on maintaining coal as a major fuel source.

“In terms of how Democrats work on coal issues, I see Casey and Fetterman certainly caring about it a lot — but with, of course, much bigger focus on the workers themselves rather than the industry as a whole,” Barnes said.

Casey won the backing of the United Mine Workers in his reelection campaign, which is critical to Democrats’ hopes of keeping control of the Senate. He’s pushing legislation that would boost health care for miners suffering from black lung disease.

And last month he decried reports that a 550-worker bituminous coal mine in his state’s southwest corner was planning to close. (The owner, Iron Senergy, said the production pause was triggered by elevated methane levels, and that the shutdown was extended because of the coal export issues created by the bridge disaster that blocked shipments from the Baltimore port.)

“Pennsylvania’s coal miners have powered our nation for generations, risking their lives and their long-term health to power our factories and heat our homes,” Casey said in a statement. “We owe it to them to provide them with the health care and compensation they deserve for putting their lives on the line year after year in the coal mines.”

Fetterman lacks the voting record of Manchin and Casey. But last fall he joined other Democrats in a letter urging EPA to adopt “strong” climate rules for the power sector, and a spokesman said that “John will always be in the corner of coal workers and communities, not the coal lobby.”

But neither Casey nor any remaining Democrat is fighting the same pro-coal battles as vigorously as Manchin.

While Casey raised initial qualms about impacts of the Obama administration’s Clean Power Plan on Pennsylvania, he ultimately backed the rule. Manchin, meanwhile, joined Republicans to vote to kill it. The two split again in 2019, when Casey voted for and Manchin voted against a resolution targeting the Trump EPA’s light-touch climate rule for power plants.

Even among Republicans, a shift has occurred in how they talk about coal.

What used to be a cultural and economic argument has been undercut as natural gas and renewables out-compete coal in the power markets. That exacerbated a decadeslong downward trend in coal mining employment due to industry automation.

“If you’re sitting in Washington trying to support the coal industry by running unabated coal plants and making the case for the way of life and jobs and all that kind of stuff — you know, I have a bit of sympathy for that, but not much,” said the University of Houston’s McConnell. “That’s just dinosaurs trying to hang on to the past. And I frankly don’t see that as thought leadership in any way.”

These days, the banner argument for coal isn’t cost — it’s grid reliability.

Wind and solar generate electricity intermittently when the sun shines or wind blows. So as those renewable sources are expected to outpace coal’s electricity production for the first time this year and some regions facing natural gas supply shortages, much of the political conversation around coal has turned to the need to keep the lights on.

Michelle Bloodworth, president and CEO of the coal industry group America’s Power, said the conversation has changed just in the seven years she has been at the helm.

“It doesn’t matter if you’re Republican or Democrat, but obviously nobody wants the lights to go out,” she said.

Bloodworth pointed to warnings from nonpartisan grid experts, such as the North American Electric Reliability Corp., which said in its recent long-term forecast that the U.S. could see power shortages in the coming years from rapidly retiring fossil fuel plants. FERC has also raised questions about grid reliability, as have some grid operators.

“Every day, there’s another story about the concerns about potential shortages in the electricity markets,” said the National Mining Association’s Nolan. “And that’s good news for coal.”