Comey and James Indictments Dismissed, New Ukraine Peace Plan, Pressure On Venezuela

0:02A federal judge dismissed the indictments President Trump ordered up against two people he didn't like. The judge found the prosecutor was improperly appointed. What does the ruling mean for Trump's campaign of retribution against his critics? I'm Michelle Martin with Steve Inskeep, and this is Up First from NPR News.

0:21Europeans have offered their own proposal to end the war in Ukraine. Ukrainian President Zelensky said it's a plan that his country could work with. How is it different from President Trump's 28-point proposal? Also, the Trump administration named Venezuela's president the leader of a terror group. One analyst sees a pretext for a possible attack. We're definitely closer to military intervention. How far has an anti-drug campaign evolved toward something else? Stay with us. We've got the news you need to start your day.

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2:27This message comes from Grammarly. That's Grammarly.com slash podcast. President Trump's bid to prosecute his critics ran afoul of the law. A judge threw out the criminal case against former FBI Director James Comey. She did the same for the indictment of Letitia James, the attorney general of New York State. Both had been indicted by a lawyer who was willing to follow Trump's demand to pursue criminal charges after other prosecutors found no reason for a case. The judge found the lawyer was improperly appointed. NPR's Kerry Johnson has been following this story. Kerry, good morning. Good morning, Steve.

2:58Okay, why was the prosecutor not legitimately in that job? The judge found the process was invalid, that if the Trump administration wanted to pick a U.S. attorney, it had to go through the right steps. Typically, that would be nomination and confirmation by the Senate. This woman, Lindsay Halligan, has no prior experience as a prosecutor, but she was installed as U.S. attorney for the Eastern District of Virginia. That's one of the most important offices in the country. on orders from President Trump. And she got the job only after the White House forced out a career prosecutor. He expressed doubts about bringing criminal charges against the former FBI Director Jim Comey and New York Attorney General Tish James, both prominent critics of the president who played a role in investigating him.

3:47Okay, so this isn't really a technicality. It's about the limits of executive power and when does the president have to check in with the Senate. In this case, he should have and didn't, according to the judge. But what are the real-world consequences for the cases? They're pretty serious. This Judge Cameron Curry wrote, All actions flowing from Lindsay Halligan's defective appointment are unlawful exercises of executive power. They must be set aside. Halligan was, of course, the only prosecutor in the grand jury room for the indictments of Jim Comey and Tish James. She's the only one who signed those indictments.

4:21So now both of those cases are dismissed. The Justice Department does have the right to appeal. The White House Press Secretary Caroline Levitt says this is a technical ruling in their view. An appeal will be coming soon. And she says the prosecutor was legally appointed and is extremely qualified. But there's a catch here. The statute of limitations in the Comey case expired at the end of September. And Judge Curry has raised some doubt about whether the DOJ can swing that door back open again. Letitia James and Jim Comey have got to be pleased about this. They are, I think. Jim Comey actually released a video saying the case against him was based on malevolence and incompetence.

5:03He also praised the Justice Department lawyers who lost their jobs for refusing to indict him. The message has to be sent that the President of the United States cannot use the Department of Justice to target his political enemies. I don't care what your politics are. You have to see that as fundamentally un-American and a threat to the rule of law that keeps all of us free. Comey also says he thinks Trump may come after him again, but Comey has faith in the federal courts. And as for Tish James, she says she's heartened and she, quote, remains fearless in the face of these baseless charges. Her lawyer says they're going to challenge any new and politically motivated charges that come against her.

5:46And can you underline for us the larger principle here? Yeah, so often with President Trump, it involves executive power. Four times this year, different courts have ruled U.S. attorneys have not been appointed legally in places like Nevada, California, New Jersey, and now Virginia. These prosecutors have a lot of power to decide what to investigate. And the president has a lot of power to appoint those prosecutors, but courts are finding that has some limits. NPR's Carrie Johnson, thanks for your insights as always. Happy to do it.

6:23Okay, a much criticized peace plan for Ukraine appears to be off the table. The Trump administration started negotiations over a 28-point plan drawn up with input from Russia. Now Europeans have put their own proposal on the table. NPR's Eleanor Beardsley is following whatever's on the table. Eleanor, hi. Good morning, Steve. OK, so how is the European proposal different from what we've discussed in recent days? Well, a Ukrainian member of the negotiating team said the 28-point plan as we knew it no longer exists. So this original draft peace plan was an absolute Kremlin wish list, according to Ukraine and the Europeans, who really came together to present a unified front and to weigh in along with Kiev.

7:02And, you know, German Chancellor Friedrich Merz told President Trump that the entire European continent was at stake in the negotiations. and he said a lasting peace is not going to be quick, so that Thanksgiving deadline is out. French President Emmanuel Macron said, we want peace, but not a peace that's a capitulation. You know, because European security is at stake here. Now, I've been unable to confirm this, but one media is reporting that the presidents of Italy and Finland are going to meet in the coming days with President Trump. Note, they are both considered Trump whisperers. Finnish President Alexander Stubb plays golf with Trump.

7:34But even Secretary of State Marco Rubio hailed good progress in Geneva. He said Ukraine's membership in NATO is still under discussion, and Ukrainians and Europeans say security guarantees to make sure Russia does not reinvade in the future are keys to any lasting peace. What does Volodymyr Zelensky, the president of Ukraine, think about all this? Well, he spoke to his nation last night. He said it's a plan Ukraine can work with, a constructive one that could really end the war. You know, let's note that this is identical to a plan presented in April of 2022, which didn't work out. The difference today is exhaustion and heavy losses after four years of fighting.

8:08Zelensky said he'd be discussing the sensitive points of the peace with President Trump. He's referring to the eastern Ukrainian provinces that are partially occupied by Russia, but Russia hasn't fully taken them. Ukraine is ready to freeze those lines, but rules out ceding this entire territory to Russia and having it internationally recognized, which was in the first plan. Here is Zelensky speaking last night.

8:32You know, he warned Ukrainians to be very attentive in the days and weeks to come for the air alerts, reminding that Russia will not reduce its pressure. And Steve, as if on cue, the attacks began. Air raid sirens began to wail in Kiev, which was Russia's largest target last night with 22 missiles, 400 drones, six people were killed, according to the mayor of Kiev. And a few of us slept in our safe room here in Kiev last night. Well, what kinds of conversations do you hear when you're able to get out in the street or you're crowded in the safe room? Well, no, we got out. And believe it or not, Ukrainians are kind of used to this whiplash of back and forth negotiations.

9:05I talked to people going to work. I spoke with architect Anton Melnyk, who's from the big eastern central city of Dnipro. He came to the capital for some training. Here he is.

9:18You know, he says, thank God I slept through the attacks on the train. But he said this new plan could only be better than the old plan, which was written by Russia. But he said Ukrainians are still under so much pressure. And he called on the international community to, quote, smother Russia with sanctions to squeeze and destroy its war machine. OK, what do the Russians say about that? Well, last night, an advisor to the Kremlin rejected the European plan, saying it would not work for Russia. But Russians are meeting U.S. counterparts today in Abu Dhabi. Ukrainian President Zelensky is probably coming to Washington to meet with President Trump.

9:48But Russia has dropped none of its maximalist goals, so it's hard to see any common points between the two sides. And analysts say as long as President Vladimir Putin thinks he can make gains on the battlefield, he'll continue. Doesn't matter how many soldiers he's losing, which by estimates is 35 ,000 soldiers a month. Wow. NPR's Eleanor Beardsley is in Kyiv. Thanks so much, Eleanor. You're welcome, Steve.

10:14The United States redefined the president of Venezuela. Yes, the Trump administration has designated Nicolas Maduro as the leader of a foreign terrorist organization. The move is part of an ever more explicit pressure campaign. The U.S. has parked a naval flotilla off the Venezuelan coast and has been blowing up boats leaving the country. NPR White House correspondent Franco Ordonez has been covering the entirety of this administration. He's with us once again. Franco, good morning. Good morning, Steve. What's it matter if the United States calls Maduro a terrorist? I mean, well, it gives the U.S.

10:45expanded authority to take military action against Maduro's government. Now, look, this may be, you know, kind of the most over-the-top way to try and scare Maduro to leave on his own, but more and more former officials and international experts that I talk to see the administration potentially gearing up for some type of military strike in Venezuela. The administration named Cartel de los Soles as a foreign terrorist organization and Maduro as its leader. Now, the U.S. says the group is made up of military officers. Venezuela says it's not even an actual group. But it gives the U.S. expanded power to take military action, as I was saying.

11:21And I was talking with Ian Bremmer, who leads the political risk consulting firm Eurasia Group, and he told me that the White House has this kind of carrot and stick approach going with Maduro, and that using the threat of designating him was kind of a diplomatic pressure tool. So, I mean, that's something that, you know, had been held out there as a, you better engage with us or else, well, you've just gotten the or else. So we're definitely closer to military intervention. Now, like many analysts, Bremer doesn't expect a ground invasion, but more likely targeted strikes. And Trump has used targeted strikes before, such as earlier this year in Iran.

11:59Okay, so we have reported in recent days about how the United States has positioned an aircraft carrier and other assets. Now they're bringing four stars to the area. General Dan Cain, the chairman of the Joint Chiefs of Staff, is visiting. What's the significance of that? Yeah, I mean, he's the top nation's top military officer and a key part of this massive buildup of forces in the Caribbean, including, you know, the Navy's largest aircraft carrier and some 15 ,000 troops. Now, Mike Pompeo, who was Secretary of State during the first Trump administration, he was on Fox yesterday, and he said it was clear that the general was not going to the Caribbean just to thank the troops.

12:35I do think that this administration understands that this is all part of a larger puzzle, right? The Venezuelans, supported by the Cubans, the Russians, and the Chinese now in our own neighborhood. And getting rid of Maduro gives the Venezuelan people a shot, keeps us safer. I want to think this through a little bit, Franco. Joe, Maduro obviously is not well-liked by the United States. He appears to have fraudulently won election after election. Brutal leader. But at the same time, the president has said other countries are not our business. I campaign against foreign wars, he has said. What are the risks to him at home?

13:05I mean, there are a lot of political implications that Trump needs to weigh. There's a debate whether striking Venezuela fits with America first. Now, the White House says that Trump is prepared to use every element of American power to stop drugs from flooding into the country. And that is America first. But going farther than that carries a risk of longer term responsibility. Now, of course, there are cases where regime change arguably worked. Take Panama in 1989. But there are other examples, including Iraq and Afghanistan, where regime change did not go so well. And Bremer told me kind of this idea of anything is better than Maduro can quickly fall apart.

13:42NPR White House correspondent Franco Corradone, it's always a pleasure talking with you, sir. Always a pleasure, Steve. Thank you.

13:51And that's Up First for this Tuesday, November 25th. I'm Steve Inskeep. And I'm Michelle Martin. NPR brings you stories from all over the country, thanks to NPR station reporters who report on what you care about close to home. Keep that network strong. Visit donate.npr.org slash upfirst to contribute. Today's Up First was edited by Anna Yukoninoff, Kate Bartlett, Rebecca Metzler, H.J. Mai, and Alice Wolfley. It was produced by Ziad Bach, Nia DeMoss, and Christopher Thomas. We get engineering support from Damian Herring, and our technical director is Carly Strange. Our supervising producers are Vince Pearson and Michael Lipkin.

14:28Michael, rock and roll! Join us again tomorrow.

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