Inflation Nears Punishing 4% Under Trump

0:00This NBA playoffs with FanDuel. You're not just watching the playoffs. You're a part of them. Steve's got the phone, opens FanDuel, and he's going for threes! Be a part of the action on FanDuel. All customers get a profit boost every NBA playoff game day. 21 plus and present in select states. Opt-in required. Bonus issued as non-withdrawable profit boost tokens. Restrictions apply, including any token expiration and max wager amount. See full terms at FanDuel.com slash sportsbook. Gambling problem? Call 1-800-GAMBLER or 1-800-MY-RESET. Sleep is so critical, especially that deep, comforting sleep.

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1:11Eligible items are in stock and available for free local delivery. That's helixsleep.com to find the store nearest you and ask about Helix Sleep. With Helix and Steinhoffels, better sleep starts now. Welcome to The Beat, everyone. I'm Ari Melber. We begin with Donald Trump trying to abuse power in ways that are catching up to him. We've been reporting on how some CEOs are standing up stronger and taller as compared to, say, last year. And now we have the rumor that Trump, the leak that Trump might settle his own lawsuit against the IRS. Now, this is a weird one and speaks to some of the inherent kind of everyday corruption that has been attempted to be normalized by Trump.

1:52the judge was pushing back, pointing out that Trump is suing entities whose decisions are subject to his direction. That's a legal version of saying, why are you suing yourself if you're suing the IRS and you, of course, run the Trump administration that oversees the IRS? Now, the judge has given Trump and the DOJ until May 20th to basically prove that this is legitimate, that it is actually possible for the private party citizen, Donald Trump, to bring this case against the government controlled by the Trump administration, and that that is a real and actual conflict, which is required for this kind of case.

2:26Now, this matters in a bunch of ways because, remember, Trump has been busted for dodging taxes. The IRS habitually does an audit of the president or vice president, which is a good thing to deal with potential corruption or other issues. You want to have a look at that. And one of the things that Trump was trying to do with this case was get out from under that. The Times reports the administration might just settle before the deadline mentioned. And they have teams that would try to get things done like that audit drop. Now, Congressman Raskin said Trump's DOJ also has now paid millions to FBI agents who were suspended.

2:59He argues legitimately for misconduct, that basically it's kind of like a political payoff to the very individuals who in this upside down world were supposed to be sanctioned, not rewarded. Group representing the agents, though, does push back. I want you to know what they said. The Post reporting this whole thing they view as a temper tantrum. and that they're fighting for what they say is the proper process for these individuals. And that's not all. FBI Director Patel has been facing scrutiny for that story that we've been reporting on, and I mentioned CEOs fighting back, Rupert Murdoch pushing back on behalf of his Wall Street Journal and Fox News empire when sued by Trump in civil court, and now there was this big issue about whether, the question being whether, Donald Trump's DOJ went back at Murdoch again by trying to hassle Wall Street Journal reporters in that leak probe.

3:47Now, all of this put Patel back under the hot seat for a range of issues, by the way, but he's been grilled by the senators there over the reports that he is trying to basically hassle reporters, that it's not a legitimate probe, but rather a way to go at the journal. And as always, we tell you, if there are denials or other sides of the story that are credible, we will include them. This is a denial under oath. And so I want you to hear what the FBI director is saying in response. There are reports that you're using FBI resources to investigate journalists. Can you commit to this committee today that no agent hours have been pulled from other work like counterterrorism or violent crime investigations to work on matters related to negative press about you or your personal lawsuit?

4:33Senator, I greatly appreciate the question. And I contend unequivocally, this FBI is targeting and investigating no journalists. now target is a term of art it may be that they have the goal of hassling journalists without targeting them but when he says they're also not investigating them that would suggest that there is a limit there now here's of course the issue the new york times report about the same subject says the fbi is investigating a times reporter after an article on patel's girlfriend that's in addition to the wall street journal subpoenas that i mentioned so you've got a couple of things here that at least are involving journalists.

5:10But again, when sometimes people say in this era, well, maybe nothing matters or they don't care, well, clearly the director, at least under oath, wants to say they're not doing this, that they're not targeting the press, that they don't have an enemies list, which reminds you that even for them, even by the standards of Kash Patel, there are some things that are bad enough that they would rather deny it than be seen as doing it. That's part of the rule of law and what we might call our civil and civic discussions thereof. Now, amid all of this, Trump's DOJ is also winding its way through the courts and finding a lot of turbulence.

5:46Politico reports that judges have ruled against some of the ICE attention practices, not 10 or 100 times, but 10 ,000 times in most of the cases, 90%. This was an exhaustive report that reminds you why, if you've heard a little bit less about immigration lately or Stephen Miller taking a back seat, partly it's because in a slow, long-term way, some of those drastic measures have been trimmed. Judges rule against Trump more than eight times the amount they ever rule for him. So that's a lot of losses. Trump's DOJ, of course, is still trying to find ways around all of this. And that has included these ploys and tricks where they have acting prosecutors and temps trying to do things that the permanent people, the nonpartisan people won't do.

6:31And other times, really playing fast and loose with whether they have to follow all of these rulings. They've also drafted a legal opinion internally, which says they think they have the power to take state voter rolls. Federal courts, though, have already ruled against that. And so the DOJ writing up its own internal memo about something that violates a court order is itself a problem. The memo claims that they are authorized to compel states to produce their voter lists. DOJ says they want this in order to combat non-citizens from being registered to vote or making it onto those rolls. Now, if that is the reason, and that's a big if, they don't need to do this.

7:12Because we already have data and voluminous evidence from the state level. that states already do that, and you just don't have a lot of folks ever making it on the rolls who are non-citizens. And so again, we want to show you the facts and the details, but it doesn't look like a good faith effort to actually prevent, say, voter fraud or secure the election. It looks, just like the IRS case and some other things that they're trying, like an effort to abuse power. I want to bring in Melissa Murray, law professor with NYU, MSNOW analyst. Her new book, The U.S. Constitution, a comprehensive and annotated guide for the modern reader, is out now.

7:51You can get it wherever books are sold. The cover almost looks like it's going to be The Constitution. The U.S. Constitution. And then it's a little bit of you as well. Well, The Constitution is in there, too. Sure. But, I mean, someone might pick this up. It's like it's Melissa Murray times James Madison. The best collab you never knew you needed. James Madison featuring Rob. Yes. We love it. I love it. So, yeah, because you don't have to be a constitutional expert to know if it were the Constitution, it wouldn't be that thick. That's true. You didn't know the news was going to start with your book.

8:23We hope people like it. On to the news. What does it tell you that the DOJ is trying these games? So the whole idea of the DOJ writing a memo that it's now citing, I mean, this is sort of like, do you remember that Divinal song, I Cite Myself or I Touch Myself? This is like I cite myself. The DOJ is like writing memos to cite for the proposition that the president has this authority to compel the states to turn over this voter registration data and give it to DHS. And lower federal courts have said that they don't. And the fact that the Sixth Circuit has fast tracked this question for appeal suggests that this is a really live issue.

8:54And it's one that can really upend the infrastructure of federal elections going forward if there is an opportunity for the executive and the DOJ to use this information and then turn it over and use it in Homeland Security for whatever reason. As you say, there is no evidence that elections are being overrun by fraud, by people who are voting who are not supposed to be voting. So this all seems a little pretextual, but it's worse than a pretext because here you actually have the DOJ furnishing the evidence itself of the authority that it has to do this, which is just not something that you see.

9:26This would basically be like my students grading themselves and then putting it on their transcripts. The other news from the FBI director, very low bar, but unlike, say, the president he serves, who admits to unconstitutional plots in public regularly, what does it tell you that Director Patel, who's been embattled for a number of reasons, really wanted to say, hey, no, even if it's popular on the right or from his boss to go after the free press and the First Amendment, he claims they're not. Well, I mean, again, you can go after the free press in a lot of different ways. So Cash Patel was at great pains to disclaim the prospect that they are targeting journalists.

10:03I'm not sure that they even need to. The president and this administration, through a series of lawsuits, has basically cowed media institutions into submission. As we know, there is an important precedent on the books, New York Times versus Sullivan, that says that in order to establish defamation, you have to show that the person who allegedly defamed you acted with actual malice. It's a very high standard. It is the bedrock of a free press in the United States. It's what distinguishes the free press in the United States from press in the UK and whatnot. Donald Trump hates this decision, and he has tried to sort of get cases to the Supreme Court to overrule it.

10:38It hasn't worked. He's managed to do it through these settlements, though, with these media institutions. Like, for example, that ABC News settlement around George Stephanopoulos allegedly defaming him by calling him, like, instead of saying sexual abuse. by basically getting ABC to settle. And he confirms, perhaps to the public, that something wrong has happened and that he has been injured in the way that a defamation suit that had been successful might have confirmed his injury. So through these settlements, he's managed to backdoor his way into getting the kind of outcome he wants. He gets to cow these media institutions.

11:12He gets to ensure their silence going forward and to limit their dissent to his policies. And he also gets to basically confirm that he has been the injured party. So they're already targeting the media. They're just not doing it directly. Yeah, and I think that's a good primer. And some are cowed and some are not. And even Disney ABC is less cowed lately. Lately. Maybe they're a little more, you know, caffed. I don't know. But not every news organization is going to have the resources of ABC. No, I agree. I agree with the problem set you're mentioning. It's a bigger deterrence problem. But Patel doesn't want to say he's a part of this.

11:47Does that mean that there's some line there? I mean, we hear so much about how nothing matters. You've told us some of your law students say, well, ha ha, the rules. I mean, Patel's kind of on the ropes right now. Yeah, yeah. So I'm asking, what do you think of that? Is that good? Maybe he's looking for like what comes next for him when he is no longer FBI director, if that is something that is in the offing for him. I think for the American public, the idea of a free press is bedrock. And the idea that you would target journalists for doing their job is a line in the sand that we ought not cross.

12:15This is not something that seems American. And I think the fact that he was at great pains to disclaim that today speaks to that. But again, I want to emphasize whatever he says, this administration is still trying to cow the press every single day. Right. And you're echoing something our colleague Rachel talks about. Watch what they do, not what they say. But it is important as the Trump approval crashes and we're reminded and people say, wait, are you alone? Are you crazy? Actually, no. The country is against particularly the idea that the government, the big government's going to pick our comedians and control what's on our airwaves.

12:51It seems anathema. It seems un-American. It is exactly the kind of thing the First Amendment was intended to prevent. Because I'm jumping around with you and we love starting the show with you because you got expertise. I want to show a little bit of the president talking about this, this strange thing where the judge really was saying on the IRS front. Wait, is this even a case like who's suing who and who are you? Which in the case of a president is one of these interesting legal questions of are you a person? You're a taxpayer. You're also overseeing the tax function. So here was this.

13:28It's very interesting. I have another one where, you know, I virtually won the Mar-a-Lago break-ins. And, you know, I had to work out some kind of a settlement. I'm supposed to work out a settlement with myself. I'm supposed to work on a settlement with myself. Your thoughts. Said nobody ever. So to get into federal court and to stay in federal court, you have to have what's known as standing. Standing requires a lot of things and injury, but it also requires adversity among the parties. When you are the president of the United States, even if you file this lawsuit in your personal capacity, the fact that you oversee the IRS and now may be negotiating a settlement with this department that you oversee means that there's no real adversity here.

14:10You're not at odds with each other. You're contiguous with each other. In fact, the president controls the IRS. It is part of the executive branch. Therefore, a lawsuit pitting the president, even in his personal capacity, against an agency that he oversees would confound, I think, traditional practices of standing for Article III federal courts. I think this one is going to be really hard for the president to sustain. So translation, because you can't necessarily sue and settle yourself, he would be dismissed and thus lose the case. He would have lack standing and the case would go away. The case might go away for want of standing just because the president in his personal capacity is overseeing the IRS, although there could be other ways to reframe this, maybe a trust that the president is not involved with.

15:01But again, that could still raise the problems with self-dealing and corruption because he still oversees the administrative agency. Again, this is an ongoing issue with a president who has really become the plaintiff-in-chief in a lot of ways. makes fun of him as like this whiner. I mean, we have this headline banner on the screen. It's a little meta to talk about it while we're here, but here we go. Judge asked Trump if he's suing himself. I mean, it's because it's bananas. And then this is amidst, and this is if you get the final word, amidst the climate where people are struggling and they're paying high prices and they got gas concerns.

15:33They got all these other things. And he's over here trying to use what looks like a trick. I mean, we'll cover the case where it goes. So it currently hasn't been completely detonated yet. But what looks like a trick to get himself a tax benefit while people are suffering. So I've spoken about the jurisdictional questions here about the president suing in his personal capacity, but ultimately having it being resolved in the context where he has real, you know, an actual official capacity. There's also enormous ethical questions here about the president reaching a settlement with an agency that he controls that gives him enormous benefits.

16:04Like this is a stunning opportunity for unprecedented self-dealing and corruption. And I think that is also what the judge is like, Just the question of jurisdiction and the president suing himself in an agency he controls, but also what it means to allow the president to go forward and do that. I'm going to close with some true compliments. Which are the best kind? You're a legal expert. You're very smart. You're an author. Arthur. Author. Thank you. I appreciate that. That's the whole thing. That was it. Did you want more than that? I mean, with you. You never know what you're going to get. All right, I get it.

16:44Well, we love to see our guests win, and congratulations on the vote. Thank you. Thanks for having me on. Thank you, Professor. We're going to fit in a quick break, and we're back in 90 seconds.

16:55This NBA Playoffs with FanDuel. You're not just watching the playoffs. You're a part of them. Steve's got the phone, opens FanDuel, and he's going for threes. Be a part of the action on FanDuel. All customers get a profit boost every NBA playoff game day. 21 plus and present in select states. Opt-in required. Bonus issued is non-withdrawable profit boost tokens. Restrictions apply, including any token expiration and max wager amount. See full terms at fanduel.com slash sportsbook. Gambling problem? Call 1-800-GAMBLER or 1-800-MY-RESET. With the Vivgard Hytrulo, Efgard Tigamod Alpha, and Hyaluronidase QVFC pre-filled syringe, self-injection is in your hands.

17:34It's your treatment routine. Use at the time and same day each week. Take the pre-filled syringe with you on vacation. Or have it handy for cozy staycations. For more information, visit livevividly.com. That's L-I-V-E-V-Y-V-I-D-L-Y dot com. Brought to you by Argenics. Sleep is so critical, especially that deep comforting sleep. But oftentimes, it's hard to find the right mattress for that deep sleep without trying it in person. That's why Helix and Steinhoffels have come together, combining their years of mattress knowledge and technology to bring you your best night's sleep. Helix Sleep's award-winning mattresses are now available to try and purchase at 13 Steinhoffels locations, an in-store opportunity you won't find just anywhere.

18:23Plus, Helix and Steinhoffels are offering 20 % off all mattress orders for our listeners. Please visit helixsleep.com to find your nearest location. Remember to ask a team member about their selection of award-winning Helix Sleep mattresses. Eligible items are in stock and available for free local delivery. That's helixsleep.com to find the store nearest you and ask about Helix Sleep. With Helix and Steinhoffel's, better sleep starts now. We are back. Melissa Murray's here. I wanted to turn to the other legal issue that we were planning to get to, which is choice and women's health. Someone you know well that we also rely on, Joyce Vance, our U.S.

19:04attorney, writes, we could see anything in the coming days of an unsigned Supreme Court decision that would permit the law to go into effect while litigation proceeds to something more substantive regarding whether women can take what is a very common way to end early pregnancy. If the court goes the latter route, it's unlikely it would dig too deep without hearing this case. We've heard about the shadow docket, which is a related thing. I don't want to go deep into that. But the idea that even the court could remove what is a currently available health care treatment option for women in this manner without taking a full briefing in case, even that seems quite extreme.

19:46Can you prime us for the good? When you have six, they let you do what you want, as they say. I don't know that we can rule out anything from this conservative six to three supermajority. So the Substack post that you're referring to, Joyce, wrote about the Fifth Circuit's decision basically imposing a nationwide ban on mifepristone, which is the first drug in the two-drug medication abortion protocol. This has been a major way for women to terminate pregnancies in the wake of Dobbs and the overruling of Roe v. Wade. It's also a major tool for miscarriage management. And one in three women suffers and loses a pregnancy.

20:20So effectively, something close to a national abortion ban. A national abortion ban. For that tool. It was immediately appealed by the makers of Mifepristone, Danko, and Jen Biopro to the Supreme Court. Justice Alito, who is the circuit justice for the Fifth Circuit, issued a stay. That stay expired on Monday. It has been extended to Thursday. So on Thursday, we will get more clarity on what the court is likely to do. One of the things that Joyce noted is that the court could allow the Fifth Circuit's decision to continue while this litigation plays out, which would mean there would be a nationwide ban on Mifepristone being distributed through telehealth or in the mails in the United States until this litigation percolates its way back up to the Supreme Court.

21:03Or it could issue a stay that would be lifting the ban that the Fifth Circuit has imposed and let the status quo, which has allowed this medication to be distributed by a telehealth and through the mails while the litigation is pending. That's up to the court. All of that could happen on the shadow docket with very little explanation. Another alternative that Joyce raises, I think, is also one that we haven't talked about in a long time, is that we have the Comstock Act, which is still on the books, and it prevents the distribution of articles meant for, quote-unquote, immoral purposes to be distributed through the mails.

21:34And all you need is a Department of Justice that's willing to do this. And I think post-midterms, we might get that kind of Department of Justice that would be willing to enforce the Comstock Act, which has been lying dormant for years as a kind of zombie law. Yeah, it's really sobering, and it speaks to how, You know, you have to really look at what the agenda is and what you said. Yes, six justices willing to not only go this far, but do it outside of any regular order or real substantive process, which to me, I mean, we're running out of time, suggests that they don't even care about looking legitimate.

22:06Well, I mean, the chief justice the other day was at the Third Circuit Judicial Conference and he was bemoaning this idea that the public thinks the court is just doing politics, not doing law. But I think when you have decisions like this, I don't know that you have any other conclusion as a member of the public that you could draw. The fact that they overruled Roe versus Wade the minute they had a six to three conservative super majority, the fact that they overruled affirmative action, Chevron deference while doing it. I mean, these are all pet projects of the right. And they all happened as soon as the court had the votes to do it.

22:36Yeah. As mentioned, we learn a lot from you, Professor Murray. Thank you. Thanks for having me. On several topics. Let me tell folks what's coming up, because we have video of Donald Trump falling asleep. It's gone viral. People were in the room. A secret United States intelligence assessment that suggests they are not being straight with you about this now costly war. And Republicans on defense while Trump commits another gaffe about finances. I don't think about America's financial situation. I don't think about anybody. Al Sharpton's here next.

23:15The MAGA party is the last breath of the Confederacy. And I'll be happy to see millennials and Gen Z burial. There will be no more of your party. The midterms don't come. Y 'all going to get wiped out. Trump going to get dragged out of the White House. And I'm going to love every second. Because y 'all loved every second of the suffering that he caused everybody in this country. Starting on day one, we will end inflation and make America affordable again. Mr. President, to what extent are American financial decisions motivating you to make a deal? Not even a little bit. The only thing that matters when I'm talking about Iran, they can't have a nuclear weapon.

23:56I don't think about American financial situation. I don't think about anybody. He doesn't think about American financial situations. In the pantheon of presidential gaffes. This is a big one. And there is a narrative I've told you where people say, oh, Trump gets away with everything. Nobody cares. And then there's the reality that his polls are crashing. Republicans retiring. Megyn Kelly and Tucker Carlson saying he's, quote, evil, and they're done with him. And we're still in the beginning of this. Donald Trump's already crashed to the worst second-term approval of any president since we've been measuring.