Don’t expect Trump to testify in his hush-money trial
Plus, why ‘My Kevin’ Should’ve Listened to the Never Trumpers
Recently in The Bulwark:
BILL KRISTOL, ANDREW EGGER & WILL SELBER: How Biden Can Press His Ukraine Advantage
Quick PSA: The look of Overtime is changing! Only a bit! This newsletter is sent to both paying and free readers of The Bulwark. There used to be two versions of Overtime that were identical. Now there is one.
If you’re not yet a subscriber, you can support us by subscribing or just by sharing this newsletter with someone you think would value it. If you are a subscriber, thank you.
KIMBERLY WEHLE: A Courtroom Recital of His Misdeeds ‘Rattled’ Trump.
TODAY, TENS OF MILLIONS of Americans—not to mention a vast audience around the world—will follow the news coverage of the lawyers’ opening arguments in the first criminal trial of a former president of the United States, a reality made more disturbing by Donald J. Trump’s simultaneous status as the presumed Republican nominee for president in 2025. If convicted, Trump not only could be sentenced to prison, but he will be ineligible to vote in some states, including in Florida.
This morning, before the trial begins, New York Justice Juan Merchan will rule on whether—if Trump testifies in his own defense—prosecutors can introduce evidence of his prior misconduct and criminal acts to impeach his credibility (they can’t use it on its own to suggest he’s guilty of the 34 counts of falsification of business records that Manhattan D.A. Alvin Bragg charged him with through a grand jury). This exercise is called a “Sandoval hearing” under New York law, and it essentially tasks the judge with balancing the probative value of that information against the possibility that it could unfairly prejudice the defendant.
TIM MILLER: ‘My Kevin’ Should’ve Listened to the Never Trumpers
WHILE KEVIN MCCARTHY WAS ON PANEL DISCUSSIONS pathetically whining about how Matt Gaetz stole his lunch money, pompously lecturing about how it’s really the Democrats who have undermined democracy, absurdly floating himself for vice president, and petulantly attacking the former colleagues who defenestrated him, his successor—whom McCarthy and his allies have consistently mocked—secured the critical legislation that led to the end of McCarthy’s career.
JILL LAWRENCE: One Cheer for Republicans Doing the Right Thing.
AS THE HOUSE PREPARED to break out of its months-long paralysis and at last approve crucial military aid to Ukraine, I was visiting an assisted-living facility where the activities coordinator had teed up patriotic music videos for a couple of dozen people gathered near a large TV set.
First up: Kate Smith recreating for a 1943 movie her November 11, 1938, performance of “God Bless America” on her CBS radio show, The Kate Smith Hour. It was the twentieth anniversary of the Armistice that ended World War I, and the first time Irving Berlin’s song was ever heard nationally. Smith called it “a song that’s never been sung before by anybody,” and “a song that will never die.”
🎥 PODCASTS AND VIDEOS 🎧
Bulwark Podcast with Tim Miller: Tom Mauser and Bill Kristol: Columbine, 25 Years On
The Focus Group: Wanted: Serious, Sober People (with Bill Kristol) (Video)
The Bulwark Goes to Hollywood: The Art of Costume Design
Hey! You! Did you know? Bulwark+ members can listen to an ad-free version of these podcasts on the player of their choice? It’s quick, easy, and you only need to do it once.
Learn more at Bulwark+ Podcast FAQ.
BILL LUEDERS: The True Environmental Stakes of the 2024 Election
FIFTY-FOUR YEARS AGO TODAY, on April 22, 1970, U.S. Senator Gaylord Nelson gave a speech in Denver, Colorado. The occasion was the first Earth Day—which Nelson, a Democrat from Wisconsin who had served a stint as the state’s governor, had envisioned and organized as a nationwide event. To say it was a smashing success would be an understatement.
PHILIP ALLEN LACOVARA AND DENNIS AFTERGUT: Three Takeaways About Judge and Jury in Trump’s Manhattan Trial
WE ARE ALL WITNESSES TO HISTORY NOW. In Manhattan, opening statements will be made today in the first-ever criminal trial of a former president of the United States. For all Donald Trump’s efforts to delay this day, he sits in the docket facing accountability to the law.
There will be a mountain of evidence of guilt. And by all appearances, the jury that will be adjudicating Donald Trump’s innocence or guilt is loaded with the qualities good prosecutors seek.
🚨OVERTIME🚨
Happy Monday everyone and Chag Sameach to those celebrating the holiday… And thank you to those who took a minute to share your thoughts, prayers, and condolences for my mom. This community, and my pre-Bulwark friends, raised over $5,000 for her old library. It’s probably more at this point, but wow. Just wow.
I can’t say I enjoyed my week off, but given the circumstances, you all made it better. It’s much appreciated. No amount of media training can prepare you for a eulogy. I wrote it in one take and swapped the joke at the end with a poem at the suggestion of my editor / wife. That’s what got me, the poem my mom would send people when they lost a loved one. Always listen to your editors!
Thank you to JVL and Catherine Lowe and other colleagues for picking up the slack in my absence.
Here are some of the things we did in Cleveland to take our mind off of things: enjoyed the Guardians (not in person, sadly) continue their streak of dominance as the Best Team in Baseball… right now. We watched the Cavaliers take a 1-0 lead over the Magic at a Duckpin bowling alley. We also went on some family walks in the woods! I was able to meet with a reader, Dennis, who lives 2,000 feet away from my parents. Dennis noticed, based on my eclipse description earlier this month, he lived in the same neighborhood and got a t-shirt and a sticker! You March Madness winners have your prizes coming this week!
Unfortunately, more prayers are required… for the Orrell family, who lost their beloved Hazel Dorothea over the weekend. Please keep Brent and his loved ones in your thoughts.
Spoiler alert: They did need a Jomboy breakdown.
Three reasons… Conservatives should vote for Biden.
Trump tries to put the absentee-fraud genie… Back in the bottle. But it’s too late, which is hilarious.
Criminal defendant Donald Trump goes to trial… Kim Wehle has what you need to know.
Why Trump Will Likely be Held in Contempt… and What Then (Just Security)
No mall would hire Trump… So why would we make him President again? A new ad from our friends at RVAT airing on TV and online in battleground states.
Project 2025… Will Ruin Your Life.
Liz Cheney… The Supreme Court Should Rule Swiftly on Trump’s Immunity Claim (NYT 🎁)
UPCOMING EVENTS
Tech support questions? Email members@thebulwark.com. Questions for me? Respond to this message.
—30—
Editorial photos provided by Getty Images. For full credits, please consult the article.