The Morning: Three big legal questions

Plus, a special counsel report, a Putin interview and poets.

View in browser|nytimes.com Continue reading the main story February 9, 2024 By David Leonhardt and Ian Prasad Philbrick Good morning. We're covering the Supreme Court arguments on Trump and the ballot — as well as a special counsel report, a Putin interview and poets. The U.S. Supreme Court. Haiyun Jiang for The New York Times Supreme skepticism There are still court cases that could upend this year's presidential election, but the one involving Donald Trump's eligibility to be on the ballot doesn't seem likely to do so. In a two-hour oral argument at the Supreme Court yesterday, nearly all justices appeared skeptical of Colorado's effort to keep Trump off the ballot. Colorado officials have argued that his role in the Jan. 6 attack on Congress makes him an insurrectionist and that the 14th Amendment bars insurrectionists from the presidency. Maine has also moved to bar Trump, and other states would likely follow if the Supreme Court were to allow it. The legal issues are complex, and we walk through them below. But the justices are surely considering a larger political question, too. As Adam Liptak, who covers the Supreme Court for The Times, told us yesterday: Donald Trump is accused of doing grave wrongs in trying to overturn the election. But who should decide the consequences of that? Should it be nine people in Washington? Should it be individual states? Should it be Congress? Or should it be the electorate of the United States, which can, for itself, assess whether Trump's conduct is so blameworthy that he should not have the opportunity to serve another term? As Neal Katyal, a former Obama administration official who argues before the Supreme Court, said yesterday, "This argument did not go well for the Trump challengers." Officially, the case involves Colorado's Republican primary, which is scheduled for March 5, less than four weeks away. Many legal experts expect the court to rule quickly (as this story explains) and to issue a broad decision that applies to all states. Here is our guide to the three biggest legal questions: 1. Who is an officer? The best known parts of the 14th Amendment, which was ratified after the Civil War, bestowed citizenship on people who had been enslaved and said states must provide equal legal protection to all residents. But the amendment also included a provision to prevent former Confederates from holding office. The provision said that any "officer" of the U.S. who had taken an oath to support the Constitution and then "engaged in insurrection or rebellion" could not hold future office. Part of the debate at the Supreme Court yesterday revolved around whether the president is an officer. To some legal scholars, the answer is obviously yes. "The meaning of 'officer' in the 1780s was the same meaning that it has today," said Jason Murray, the lawyer representing Colorado voters who want to bar Trump. Other legal scholars take a different view, and several justices seemed open to this argument. Justice Ketanji Brown Jackson noted that the amendment lists many jobs that count as officers, including senators and representatives — but not president. Justice Neil Gorsuch emphasized that the Constitution elsewhere used the term to refer to appointees to an office, rather than to presidents. 2. What can states do? The Constitution bars several categories of people from serving as president, including anybody who is under 35 or who already served two terms as president. Murray argued that officials who engaged in insurrection are likewise ineligible because of the 14th Amendment. But several justices questioned whether the 14th Amendment in fact gave states the power to bar officials from federal elections. If it did, individual states might have outsize power over national elections. "The question that you have to confront is why a single state should decide who gets to be president of the United States," Justice Elena Kagan told Murray. John Roberts, the chief justice, pointed out that the drafters of the 14th Amendment wanted to restrict state power, and Jackson seemed to agree. The justices instead seemed to believe that only Congress could bar candidates from federal elections. "The consensus at Thursday's argument seemed to put the ball in Congress's court," Adam Liptak told us. "But since the chances of action from that body are nil or close to it, it will be up to the voters to decide whether Trump is fit to be president." 3. What is an insurrection? Another major issue involves Jan. 6: Did it count as an insurrection, and did Trump take part in it? Murray argued that the answer to both questions was yes. Jonathan Mitchell, Trump's lawyer, countered that the events of Jan. 6 were "shameful, criminal, violent" — but not an insurrection. Mitchell defined an insurrection as "an organized, concerted effort to overthrow the government" with violence. Some justices seemed open to that interpretation. Justice Brett Kavanaugh noted that there was a federal statute making it a crime to incite an insurrection — and that Trump has not been charged with it. Still, yesterday's argument did not dwell on the issue, suggesting that the ruling may focus on other questions. What's next The Supreme Court may soon hear a separate case involving Trump: whether he is immune from prosecution over his efforts to overturn the 2020 election. A federal appeals court ruled this week that Trump can be charged. If Trump asks the Supreme Court to take the case, as is likely, its ruling may determine if any trial will finish before the election. The timing is important: In polls, some voters say they would be less willing to vote for Trump if he were convicted. Read two Times reporters explain their takeaways from yesterday's arguments. Related: On late night, Seth Meyers discussed the hearing. Continue reading the main story ADVERTISEMENT THE LATEST NEWS Biden Documents Case President Biden Kent Nishimura for The New York Times A special counsel investigating President Biden concluded that he should not be charged over his handling of classified materials after leaving the vice presidency. The counsel's report also described Biden as an "elderly man with a poor memory" and included details that Biden's political opponents are sure to use against him. Biden responded with a news conference. "I know what the hell I'm doing," he said, adding, "My memory is fine." Biden was angry that the report suggested he had trouble remembering when his son Beau died. "I don't need anyone to remind me," he said. Among the report's revelations: Biden shared personal notebooks that also contained sensitive government material with the ghostwriter of his memoir. Read our takeaways. More on Politics The Senate voted to begin debating a bill that would provide military aid to Ukraine, Israel and Taiwan. But hurdles to passing it remain. Trump easily won the Republican caucuses in Nevada and in the Virgin Islands. White House officials traveled to Dearborn, a Michigan city that has a large Arab American population, to discuss the Gaza war with Arab American leaders. The F.C.C. banned spam robocalls using A.I. voices, citing concerns about misinformation. Executives of three major pharmaceutical companies defended the prices they charge U.S. patients before a Senate committee led by Bernie Sanders. Carlson-Putin Interview Tucker Carlson and Vladimir Putin. Russian state media released this photo. Gavriil Grigorov/Sputnik, via Shutterstock Vladimir Putin, speaking to Tucker Carlson in an interview from the Kremlin, said the war in Ukraine would not end until the U.S. "made an agreement" to cede Ukrainian territory to Russia. Carlson asked Putin to release Evan Gershkovich, a Wall Street Journal reporter who has been detained in Russia for nearly a year. Putin was noncommittal. Carlson and Trump have made Putin a sympathetic figure for Republicans who once considered Russia to be America's chief rival, Peter Baker writes. War in Ukraine Volodymyr Zelensky removed his top general, Valery Zaluzhny, replacing him with the head of Ukraine's ground forces. Russia banned an antiwar candidate from its presidential race. He was also the only candidate who had openly contested Putin's hold on power. Israel-Hamas War Biden called Israel's military operations in Gaza "over the top." U.S. intelligence officials told members of Congress that Israel had hurt Hamas but was not close to eliminating it. More International News Jair Bolsonaro in 2022. Victor Moriyama for The New York Times Jair Bolsonaro, Brazil's former president, planned a coup with his allies, the police there said. Japan's first foreign-born beauty queen had a short reign: She resigned after two weeks over an affair with a married man. Olympic medals in Paris this summer will carry pieces of iron from the Eiffel Tower. Other Big Stories In New York. Andres Kudacki for The New York Times Construction workers are more likely to die of a drug overdose than workers in any other industry. Google launched Gemini, an A.I. smartphone app that responds to voice requests like a digital assistant. Two JetBlue planes collided on the tarmac at Boston Logan International Airport. No one was injured. New York City is in its worst housing crunch for more than 50 years. The market is particularly tight for lower-cost apartments. Opinions Math offers evidence of a higher power, Alec Wilkinson argues. Bonnie Tsui writes about her grandfather's dracaena plant, which has thrived for decades and generations. Here are columns by David Brooks on Trumpism and Paul Krugman on the Republican Party. Discover more of the insight you value in The Morning. The Times is filled with information and inspiration every day. So gain unlimited access to everything we offer — and save with this introductory offer. MORNING READS Self-portrait, Paris, 1964. Paul McCartney Beatle's eye view: See the 1960s through Paul McCartney's long-lost photographs. 36 Hours: Visit bazaars, dine under the stars and go to the Jewish quarter in Marrakesh, Morocco. Wrong orders and fakes: Return fraud hurts shoppers and retailers. It also results in viral videos on TikTok. Notifications off: Australia is expected to pass a law giving workers the right to ignore calls and messages outside working hours. Lives Lived: The singer and radio host Mojo Nixon was known for intentionally offensive songs that satirize celebrity culture. He once described himself as a voice of "the doomed, the damned, the weird." Nixon died at 66. SPORTS Caitlin Clark Matthew Holst/Getty Images Caitlin Clark: The Iowa superstar sits 39 points shy of the N.C.A.A. women's basketball scoring record after tallying 27 in a win against Penn State. N.F.L.: Lamar Jackson won the league M.V.P. award, his second. Only 10 other players have won it twice. N.B.A.: The New York Knicks were aggressive before a trade deadline, acquiring Bojan Bogdanovic and Alec Burks from the Detroit Pistons. Continue reading the main story ADVERTISEMENT ARTS AND IDEAS Taylor Swift Matt Winkelmeyer/Getty Images for The Recording Academy Tortured poets: The title of Taylor Swift's next album, "The Tortured Poets Department," brought strong responses from a typically quiet bunch: poets. Some couldn't tell if she was mocking, celebrating or identifying with them. Others decided that, ultimately, it didn't matter. "If this gets more people to write poetry, I'm all for it, because I want there to be more jobs to apply to," said Sasha Debevec-McKenney, a poet at Emory University. More on culture Models at Marc Jacobs. Simbarashe Cha/The New York Times Fashion month begins in New York today. See a preview. Jonathan Majors had a history of abusive behavior in relationships, a Times inquiry found. The actor denied accusations of physical abuse. Lip readers have become popular on social media, guessing celebrities' gossip at events, The Cut reports. THE MORNING RECOMMENDS … Julia Gartland for The New York Times Microwave this recipe for gooey chocolate pudding cake. Shift your perspective with the self-help books that therapists read. Charge your phone anywhere with this power bank. Use less dish soap. Let a robot vacuum your floor. Brush with a good electric toothbrush. Buy a new mattress at the right time. Take our news quiz. GAMES Here is today's Spelling Bee. Yesterday's pangrams were adorably and broadly. And here are today's Mini Crossword, Wordle, Sudoku and Connections. Thanks for spending part of your morning with The Times. See you tomorrow. — David and Ian Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. Continue reading the main story Editor: David Leonhardt Deputy Editor: Adam B. Kushner News Editor: Tom Wright-Piersanti News Staff: Desiree Ibekwe, Lauren Jackson, Sean Kawasaki-Culligan, Brent Lewis, German Lopez, Ian Prasad Philbrick, Ashley Wu News Assistant: Lyna Bentahar Saturday Writer: Melissa Kirsch Need help? Review our newsletter help page or contact us for assistance. You received this email because you signed up for the Morning newsletter from The New York Times, or as part of your New York Times account. To stop receiving The Morning, unsubscribe. To opt out of other promotional emails from The Times, including those regarding The Athletic, manage your email settings. To opt out of updates and offers sent from The Athletic, submit a request. Subscribe to The TimesGet The New York Times app Connect with us on: Change Your EmailPrivacy PolicyContact UsCalifornia Notices The New York Times Company. 620 Eighth Avenue New York, NY 10018