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June 26, 2018

The Supreme Court upheld President Trump's travel ban Tuesday, but in the process it quietly overturned its 1944 ruling that the internment of Japanese-Americans during World War II was constitutional. The case, Korematsu v. United States, was invoked in the dissent, but "whatever rhetorical advantage the dissent may see in doing so, Korematsu has nothing to do with this case," the majority opinion said.

The majority went on to argue that the "forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of presidential authority." The reference by the dissent, though, "affords this court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and — to be clear — 'has no place in law under the Constitution.'" Read the entire statement below. Jeva Lange

9:35 a.m. ET
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Christine Blasey Ford stepped forward Sunday afternoon to describe in The Washington Post what she described as Supreme Court nominee Brett Kavanaugh attempting to rape her at a high school party in the 1980s. By Tuesday morning, several Twitter accounts had posted her address, a different Christine Ford had been harassed after being fingered by a conservative news site, and by Tuesday evening, Ford's lawyers wrote to Senate Judiciary Chairman Chuck Grassley that Ford had been the target of "vicious harassment and even death threats," her email had been hacked, and she was being impersonated online.

Ford and her family "moved out of their home as a security precaution, and she and her husband are staying apart from their two children," The San Jose Mercury News reported Tuesday. "Judge Kavanaugh’s wife, Ashley Estes Kavanaugh, also has faced threats, which are being investigated by the U.S. Marshals Service," The Wall Street Journal reported Thursday, citing a senior administration official. "She has received two profane notes on her work email account in recent days" from the same account, one of which suggested Kavanaugh tell her husband he should "put a bullet in his ... skull." CNN also saw some abusive emails to Ashley Kavanaugh.

At least two Senate Judiciary Committee members, Sens. Dianne Feinstein (D-Calif.) and Susan Collins (R-Maine), have also reported getting vulgar and threatening messages, including sexual violence against staffers. "In one case — and we are going to turn this over to the police, but unfortunately, of course, the person didn’t leave a name or number — but they actually threatened to rape one of my young female staffers," Collins told the Journal. Feinstein reported similar threats against specific staff members. Peter Weber

9:27 a.m. ET

President Trump has broken his streak of restrained, on-message commentary regarding the sexual assault allegations against Supreme Court nominee Brett Kavanaugh.

Whereas Trump has previously chosen to merely praise Kavanaugh's "unblemished record" and feign confidence that the whole controversy will blow over, he switched gears on Friday to instead call the matter an attempt to "destroy and delay" Kavanaugh's confirmation. The process has been marred by allegations from Christine Blasey Ford, who says Kavanaugh sexually assaulted her while they were in high school.

Trump alleged a different kind of assault — one from "radical left wing politicians" who want to baselessly attack Kavanaugh's "impeccable reputation." Ironically, Trump said that for those politicians, "facts don't matter."

"If the attack on Dr. Ford was as bad as she says," continued Trump, "charges would have been immediately filed." He said she should "bring those filings forward." Kavanaugh and Ford are set to testify before the Senate Judiciary Committee next week. Summer Meza

8:47 a.m. ET
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When Attorney General Jeff Sessions meets with state attorneys general next week to discuss whether tech companies are suppressing free speech, it seems he'll now have one more thing to talk about.

The Wall Street Journal is reporting that in the wake of President Trump's 2017 travel ban, Google employees discussed tweaking the company's "search-related functions" to direct users towards pro-immigration groups to which they could donate money, as well as to tell them how to get in touch with lawmakers.

This report is based on a series of leaked emails obtained by the Journal, which also show that Google discussed ways to "leverage" search results in order to counter "islamophobic, algorithmically biased results" for certain words, such as "Islam" and "Muslim."

Google says none of these concepts ever went into effect and that the emails simply show a "brainstorm of ideas." The company added that it has "never manipulated its search results or modified any of its products to promote a particular political ideology." Even in the email exchanges themselves, one executive warned that "we need to remain fair and balanced" and said that if they were to do this, it must also promote organizations that support the ban, suggesting the plan received some internal pushback before ultimately being discarded.

Nevertheless, Trump supporters, some of whom have argued without evidence that Google manipulates its algorithm to damage the president, seized on the report, with Donald Trump Jr. tweeting it out to his followers on Friday. Brendan Morrow

7:08 a.m. ET
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Supreme Court nominee Brett Kavanaugh's fellow defenders have not embraced Ed Whelan's elaborate multi-tweet theory that Christine Blasey Ford is accusing the wrong specific man of holding her down, groping her, and stifling her screams as he tried to remove her clothes at a high school house party in the early 1980s. Ford said there was "zero chance" she would confuse Kavanaugh with the other man, now a middle school teacher whom Ford said she "socialized" with in high school and has since visited in the hospital.

Republicans on Capitol Hill and in the White House distanced themselves from Whelan's doppelgänger theory. But Whelan "had told people around him that he had spent several days putting together the theory and thought it was more convincing than her story," The Washington Post reports, citing "two friends who had talked to him." And he wasn't the only one considering the idea, the Post says. "Kavanaugh and his allies have been privately discussing a defense that would not question whether an incident involving Ford happened, but instead would raise doubts that the attacker was Kavanaugh, according to a person familiar with the discussions."

Whelan, a former clerk for the late Justice Antonin Scalia and former White House colleague of Kavanaugh's, has been an adviser on Kavanaugh's confirmation push along with his friend Leonard Leo, the head of the Federalist Society. His mistaken-identity theory was not well-received on Twitter, but if he really believes it to be true, Whelan probably has enough clout to get President Trump to order an FBI investigation. Peter Weber

5:47 a.m. ET

Congressional Republicans planned to run for re-election on their biggest legislative accomplishment, the $1.5 trillion tax overhaul they passed in December with zero Democratic votes. Taxes are the top issue in GOP ads, mentioned in a third of those that ran Aug. 29 to Sept. 12, USA Today reports, but more than two-thirds of those ads attacked Democrats rather than defending the GOP tax cuts. An internal survey commissioned by the Republican National Committee suggests why: By a 2-to-1 margin, voters believe the tax cuts benefit "large corporations and rich Americans" over "middle class families," according to Bloomberg News, which obtained the poll.

The survey, completed Sept. 2, found that 61 percent of voters said the tax overhaul helps the rich while 30 percent picked the middle class. Independents agreed about the wealthy benefiting by 36 percentage points. Overall, 44 percent of voters approved of the law, 45 percent opposed it. "Voters are evenly divided on the Tax Cuts and Jobs Act," the report said. "But, we've lost the messaging battle on the issue." (According to the Tax Policy Center, 25 percent of the law's gains will accrue to the top 1 percent by 2025, rising to 83 percent for the top 1 percent by 2027.)

"Most voters believe that the GOP wants to cut back on" programs like Social Security and Medicare "to provide tax breaks for corporations and the wealthy," the RNC survey concludes, attributing this to "a fairly disciplined Democrat attack against the recent tax cuts." Clearly, Democrats running on ObamaCare and Republicans shying from touting tax cuts was not how Republicans thought this would play out. "If we can't sell this to the American people," Senate Majority Leader Mitch McConnell (R-Ky.) said after the Senate passed the tax bill, "we ought to go into another line of work." Peter Weber

4:15 a.m. ET

President Trump visited North Carolina on Wednesday, after the waters of Hurricane Florence had subsided in some communities, and he had a lot of things to say about boats, telling the owner of one destroyed home that at least he "got a nice boat out of the deal," Stephen Colbert noted on Thursday's Late Show. "His comments are so disturbingly inappropriate relative to this tragedy, the only way we could make them remotely palatable is to turn them into a children's book. So gather round, kids, it's time to read a little book we at The Late Show put together called Whose Boat Is This Boat? Comments That Don't Help in the Aftermath of a Hurricane. Just a quick reminder, these are all actual things that he said to the storm-ravaged people." Also, the illustrations are actually pretty great. Watch below. Peter Weber

3:29 a.m. ET

On Thursday, ABC News reported that Michael Cohen, President Trump's longtime personal lawyer and "fixer," has spent hours talking to Special Counsel Robert Mueller's investigators about Trump's dealings with Russia and whether he had offered Cohen a pardon, which could amount to obstruction of justice.

The ABC News report cited "sources" for its scoop, but ABC's Meridith McGraw captured a tweet from Cohen's account, quickly deleted, seeming to confirm (in the third person) that Cohen had volunteered "critical information to the #MuellerInvestigation without a cooperation agreement."

Journalist Yashar Ali suggested that Cohen had been test-writing a tweet for someone else, and he appeared to be right, when Cohen lawyer Lanny Davis posted the tweet from his own account.

But Davis had a different explanation:

The bottom line would seem to be firsthand confirmation that Cohen is cooperating with Mueller. And that's potentially bad news for Trump. Peter Weber

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