Podcasts > Rachel Maddow Presents: Déjà News > Lawrence: The Trump official position on abortion is just a ‘political calculation’

Lawrence: The Trump official position on abortion is just a ‘political calculation’

By Rachel Maddow

In this episode of Rachel Maddow Presents: Déjà News, Lawrence O'Donnell analyzes Donald Trump's claim of total immunity and the legal challenges to it. The podcast also examines the Supreme Court's decision to overturn Roe v. Wade, Trump's stance on abortion, and its potential political impact on the Republican party.

Additionally, the episode discusses the ongoing war between Israel and Gaza. It covers the negotiations for a ceasefire, the exchange of hostages, and the complex political dynamics surrounding the conflict. Both domestic and international factors are explored, offering insight into the strategic considerations of the involved parties.

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Lawrence: The Trump official position on abortion is just a ‘political calculation’

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Lawrence: The Trump official position on abortion is just a ‘political calculation’

1-Page Summary

Trump's Claim of Immunity and the Overturning of Roe v. Wade

Lawrence O'Donnell dismisses Donald Trump's assertion of total immunity as false. Jack Smith, a special prosecutor, has urged the Supreme Court to reject this claim, supported by Senator Amy Klobuchar and historians who assert that the founders of the U.S. Constitution did not grant the president such immunity. Smith's brief challenges the idea that presidents are inherently exempt from criminal statutes, using historical evidence like Nixon's acceptance of a pardon to affirm that presidents can be subject to criminal liability.

Donald Trump has taken credit for the Supreme Court's decision to overturn Roe v. Wade, suggesting it cost Republicans like Ted Cruz elections and critiquing Lindsey Graham's inconsistent stance on abortion. Voters in states like Kansas, Ohio, and Wisconsin have shown support for abortion rights, indicating trouble for Republicans following the decision. Meanwhile, President Biden and Senator Klobuchar vow to restore Roe v. Wade's federal protections if Democrats gain a congressional majority, contrasting Biden's support for legal abortion rights with Trump's potential to sign a national abortion ban.

The War Between Israel and Gaza

Both sides of the war between Israel and Gaza are engaged in negotiations for a ceasefire and resolution concerning hostages. After Hamas took at least 230 hostages six months ago, the Israeli military now admits to the deaths of seven aid workers and agrees to allow humanitarian corridors, following talks with President Biden. Some Israeli troops are also withdrawing from parts of Gaza.

Negotiations have resumed with the aim to secure a ceasefire and the release of hostages, including Keith Siegel, while his wife Aviva has been set free. Thomas Friedman discusses the extended negotiation period, suggesting Hamas leader Yahya Sinwar is seeking the best deal by using hostages as leverage. Israeli Prime Minister Benjamin Netanyahu appears more interested in sustaining the conflict for political reasons than in a conclusive victory, perhaps due to potential domestic repercussions. The ongoing discussions reveal complex political dynamics and strategic delays.

1-Page Summary

Additional Materials

Clarifications

  • Lawrence O'Donnell is an American television anchor, actor, author, and liberal political commentator. He hosts "The Last Word with Lawrence O'Donnell" on MSNBC. O'Donnell has a background in politics, having worked as an aide to U.S. Senator Daniel Patrick Moynihan and as staff director for the Senate Finance Committee. He describes himself as a "practical European socialist."
  • Jack Smith, as a special prosecutor, is a legal professional appointed to investigate and potentially prosecute specific cases of interest. Special prosecutors are often assigned to handle cases involving high-profile individuals or matters that require independent oversight to ensure impartiality and thorough investigation. In the context of the text, Jack Smith is urging the Supreme Court to reject Donald Trump's claim of total immunity, emphasizing the importance of holding presidents accountable under the law. Smith's role as a special prosecutor signifies his authority and responsibility in addressing legal matters of significance to the public interest.
  • Senator Amy Klobuchar is a prominent American politician and lawyer who has been serving as a United States senator from Minnesota since 2007. She is a member of the Democratic Party and has a background in law, having previously served as the county attorney of Hennepin County, Minnesota. Klobuchar is known for her focus on issues such as healthcare reform, consumer protection, agriculture, and climate change.
  • Roe v. Wade was a significant U.S. Supreme Court case in 1973 that established a woman's constitutional right to have an abortion. The ruling invalidated many state laws restricting abortion and sparked ongoing debates about the legality and morality of abortion in the United States. The case was brought by a woman named Norma McCorvey, known as "Jane Roe," who challenged Texas laws prohibiting abortion except in certain circumstances. The decision was based on the interpretation of the Due Process Clause of the Fourteenth Amendment, which was seen to protect a woman's right to privacy in making decisions about her pregnancy.
  • Nixon's acceptance of a pardon: President Richard Nixon was granted a pardon by his successor, President Gerald Ford, in 1974. This pardon was issued to prevent Nixon from facing criminal charges related to the Watergate scandal. Nixon accepted the pardon, which effectively shielded him from prosecution for any crimes he may have committed while in office. This controversial decision by Ford was aimed at promoting national healing and moving past the Watergate crisis.
  • Keith Siegel was a hostage taken by Hamas, a militant group in Gaza. His wife, Aviva, was also involved in this situation. Aviva was released, but Keith's status remained uncertain, leading to negotiations for his release during the conflict between Israel and Gaza. The mention of Keith Siegel and Aviva in the text highlights the human impact and personal stories intertwined with the broader political and military events discussed.
  • Thomas Friedman is an American political commentator and author known for his work on foreign affairs, global trade, and the Middle East. He is a three-time Pulitzer Prize winner and a weekly columnist for The New York Times. Friedman's writing has been both acclaimed and criticized for its style and viewpoints.
  • Yahya Sinwar is a Palestinian politician and the leader of Hamas, a political and military organization in the Gaza Strip. He has a history of involvement in militant activities against Israel and has been designated as a terrorist by the United States government. Sinwar has been involved in negotiations and conflicts with Israel, playing a significant role in the political dynamics of the region.
  • Israeli Prime Minister Benjamin Netanyahu is a prominent Israeli politician who has served multiple terms as the country's leader. He is known for his conservative views on security and foreign policy, as well as his strong stance on issues like the Israeli-Palestinian conflict. Netanyahu has been a polarizing figure both within Israel and on the international stage, with supporters praising his leadership and critics questioning his policies and approach to governance.

Counterarguments

  • The concept of presidential immunity is complex and can be interpreted in various ways; some legal scholars might argue that while not absolute, certain immunities for a sitting president are necessary for them to perform their duties without undue interference.
  • The historical precedent of Nixon's pardon could be seen not as an admission of the president's susceptibility to criminal liability but rather as a unique and politically motivated decision that does not establish a general rule.
  • Some might argue that the overturning of Roe v. Wade reflects the Supreme Court's interpretation of the Constitution rather than the influence of any single individual, including Donald Trump.
  • There could be a perspective that the support for abortion rights in certain states does not necessarily indicate a nationwide trend or a significant problem for the Republican Party as a whole.
  • The commitment to restore Roe v. Wade's federal protections might be criticized for potentially overstepping the separation of powers, as some believe that abortion law should be left to the states to decide.
  • In the context of the Israel-Gaza conflict, some might argue that the Israeli government's actions are justified as self-defense and that the complexity of the situation requires careful military and diplomatic strategies.
  • The characterization of Prime Minister Benjamin Netanyahu's motivations could be challenged by those who believe he is acting in the best interest of Israel's security and sovereignty.
  • The assertion that Hamas is using hostages as leverage could be countered by the argument that they are also responding to the pressures and realities of the conflict, seeking to negotiate from a position that will ensure their own interests and the well-being of the Palestinian people.

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Lawrence: The Trump official position on abortion is just a ‘political calculation’

Trump's Claim of Immunity and the Overturning of Roe v. Wade

Trump Claims Total Immunity from Prosecution for Trying to Overturn the Election

Lawrence O'Donnell refers to Donald Trump's unprecedented claim that presidents have total immunity from prosecution, labeling it as false. Special prosecutor Jack Smith submitted a compelling brief to the Supreme Court urging the rejection of this claim. Senator Amy Klobuchar emphasizes that no president is above the law, referencing this claim of immunity. Historians have filed a brief stating that the founders did not intend for the president to have immunity and highlighted that the presidential privileges concept was rejected during constitutional debates.

Special Prosecutor Jack Smith Strongly Urges the Supreme Court to Reject Trump’s Claim

Special prosecutor Jack Smith's brief to the Supreme Court challenges the notion that a president has a general right to violate laws, pointing out that criminal statutes apply to presidents unless they express exemption. He asserts that framing a president's immunity from crimes such as bribery, murder, treason, and sedition as absolute is unfounded. Smith also points to historical precedents, like President Nixon’s acceptance of a pardon, implying recognition of potential criminal liability for a former president. He argues that Trump’s behavior—his purported scheme to overturn an election—should not be immune from prosecution, especially since the allegations concern a private scheme to achieve a private end.

Republicans on Supreme Court and in States Overturned Abortion Rights Under Roe v. Wade

Trump Took “Responsibility” for Overturning Roe v. Wade

Donald Trump has suggested that many good Republicans, including Senator Ted Cruz, lost elections because of the abortion issue, criticizing ...

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Trump's Claim of Immunity and the Overturning of Roe v. Wade

Additional Materials

Clarifications

  • Trump's claim of total immunity from prosecution stems from his belief that presidents are shielded from criminal charges while in office. Special prosecutor Jack Smith argued against this claim, stating that presidents are not above the law and can be held accountable for criminal acts. Historical context shows that the concept of presidential immunity was rejected during the drafting of the U.S. Constitution. The debate revolves around whether Trump's actions to overturn the election should be subject to prosecution despite his claim of immunity.
  • Special prosecutor Jack Smith argued that presidents are not immune from criminal statutes unless specifically exempted, emphasizing that immunity from crimes like bribery, murder, treason, and sedition is unfounded. He referenced historical precedents, such as President Nixon's acceptance of a pardon, to suggest that former presidents can face criminal liability. Smith highlighted that Trump's alleged actions to overturn an election should not be shielded from prosecution, especially as they involved a private scheme for personal gain.
  • President Nixon's acceptance of a pardon is a reference to the situation where President Gerald Ford pardoned Nixon after the Watergate scandal. This pardon was controversial and raised questions about accountability for presidential actions. It highlighted the idea that even a president could be subject to legal consequences for their actions, despite the pardon.
  • The abortion issue has been a significant factor in some Republican candidates losing elections due to differing stances on this controversial topic. Voters' views on abortion can strongly influence their decisions at the polls, ...

Counterarguments

  • Historians' interpretation of the founders' intentions regarding presidential immunity is subject to debate, and other historians or legal scholars might argue that the founders left some aspects of executive power and immunity ambiguous.
  • The argument that no president is above the law might be countered by pointing out that the U.S. legal system does provide certain immunities and privileges to the office of the presidency, which could complicate legal proceedings against a sitting or former president.
  • The assertion that Trump's behavior should not be immune from prosecution could be met with the counterargument that executive actions, even if controversial, may be protected by the doctrine of executive privilege or separation of powers, depending on the context.
  • The claim that Republicans lost elections due to the abortion issue could be countered by suggesting that election outcomes are influenced by a multitude of factors, and it is an oversimplification to attribute losses to a single issue.
  • The idea that Democrats could restore abortion rights nationwide i ...

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Lawrence: The Trump official position on abortion is just a ‘political calculation’

The War Between Israel and Gaza

The war between Israel and Gaza has reached a new juncture with both sides re-engaging in negotiations for a ceasefire and resolution to the hostage situation.

Israel Still Holds American Hostages After 6 Months

It’s been half a year since Hamas launched an attack on Israel, resulting in the capture of at least 230 individuals as hostages.

Israel Admits Responsibility for Killing 7 Aid Workers

In a development, the Israeli military's chief spokesperson has come forward stating that Israeli forces are accountable for the fatalities of seven individuals who were part of a food aid mission.

Israel Agrees to Allow Humanitarian Aid Corridors

In the aftermath of a conversation between President Biden and Prime Minister Benjamin Netanyahu, Israel has sanctioned the establishment of three humanitarian corridors, aimed at mitigating the crisis’s impact on civilians. Adding to this, the Israeli government has disclosed that some of its troops are exiting the southern regions of Gaza.

Negotiations for Ceasefire and Hostage Release Have Resumed

Negotiations with Hamas are underway again, focusing on achieving a ceasefire and securing the release of hostages, among whom is Keith Siegel. Siegel’s wife, Aviva, was also detained but has now been released. Renowned columnist Thomas Friedman provides insights, indicating that the Hamas leader, Yahya Sinwar, is elongating the ...

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The War Between Israel and Gaza

Additional Materials

Clarifications

  • The conflict between Israel and Gaza is a long-standing and complex issue rooted in historical disputes over land, borders, and political control. Gaza is a Palestinian territory that has been the center of conflict with Israel due to issues like control, security, and the rights of Palestinians living there. The conflict involves various groups, including Hamas, a Palestinian militant organization, and Israel, with both sides engaging in military actions, negotiations, and attempts at peace agreements over the years. The situation is further complicated by international involvement, differing perspectives on the conflict's causes, and the ongoing struggle for a lasting resolution that addresses the needs and aspirations of both Israelis and Palestinians.
  • Keith Siegel and Aviva Siegel were among the individuals captured as hostages by Hamas following an attack on Israel. Aviva Siegel has been released, while Keith Siegel remains in captivity. Negotiations are ongoing to secure the release of Keith Siegel and the other hostages held by Hamas.
  • Yahya Sinwar is the leader of Hamas in Gaza and is known for his hardline stance against Israel. He is involved in negotiations to secure the release of hostages and aims to leverage them for the best possible deal. Benjamin Netanyahu, the Prime Minister of Israel, is navigating the conflict with considerations for domestic politics and public opinion. Netanyahu's approach to the ceasefire negotiations may be influenced b ...

Counterarguments

  • The assertion that Hamas is using hostages as leverage in negotiations could be countered by the argument that Hamas may also be seeking to ensure the safety and rights of their own people in the ceasefire terms, which could be a reason for the prolonged negotiations.
  • The idea that Israeli Prime Minister Netanyahu has a vested interest in sustaining the conflict could be met with the counterargument that Netanyahu's actions may be driven by security concerns and the need to maintain a strong stance against aggression for the long-term safety of Israel.
  • The claim that the Israeli military is responsible for the deaths of seven aid workers could be met with the perspective that the incident may have occurred in the context of a complex and chaotic combat situation, where distinguishing between combatants and non-combatants can be challenging.
  • The establishment of humanitarian corridors and troop withdrawal could be seen not only as a concession but also as a strategic move by Israel to alleviate international pressure and improve its standing in the global community.
  • The release of Aviva Siegel while her husband remains a hostage could be interpreted in various ways, including as a humanitarian gesture or as part of a more complex negotiation strategy by H ...

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