SCOTUS Trump Case, U.S. Strikes In Iraq, Pakistani Elections

2024-02-08 00:14:31

NPR's Up First is the news you need to start your day. The three biggest stories of the day, with reporting and analysis from NPR News — in 10 minutes. Available weekdays at 6:30 a.m. ET, with hosts Leila Fadel, Steve Inskeep, Michel Martin and A Martinez. Also available on Saturdays at 9 a.m. ET, with Ayesha Rascoe and Scott Simon. On Sundays, hear a longer exploration behind the headlines with Ayesha Rascoe on "The Sunday Story," available by 8 a.m. ET. Subscribe and listen, then support your local NPR station at donate.npr.org.<br><br><em>Support NPR's reporting by subscribing to Up First+ and unlock sponsor-free listening. Learn more at plus.npr.org/upfirst</em>

5Speaker 5
00:00.62 – 00:01.82

Good morning, friends.

3Speaker 3
00:02.20 – 00:02.82

Good morning.

5Speaker 5
00:03.46 – 00:06.18

I'm just listening to Robert De Niro.

2Speaker 2
00:07.40 – 00:08.28

You talking to me?

3Speaker 3
00:09.34 – 00:10.54

You talking to me?

5Speaker 5
00:10.66 – 00:11.38

You talking to me?

00:11.70 – 00:15.82

In my memory, in my mind, it's more stylized than that.

00:16.14 – 00:16.96

You talking to me?

00:21.22 – 00:25.56

Anyway, today the Supreme Court holds a historic constitutional debate.

3Speaker 3
00:25.56 – 00:30.18

Can Donald Trump be barred from running for president under the 14th Amendment?

00:30.72 – 00:32.62

That's the question justices will be weighing.

5Speaker 5
00:32.78 – 00:37.46

I'm Steve Inskeep with Laila Fadl, and this is Up First from NPR News.

00:40.66 – 00:45.08

In Baghdad, a U.S. drone strike took out a leader of an Iran-backed militia.

00:45.54 – 00:49.08

The militia is accused of killing three American soldiers in Jordan,

00:49.16 – 00:52.10

but will this act of retaliation prompt more violence?

3Speaker 3
00:52.10 – 00:55.22

Pakistanis head to the polls in a tense election.

00:55.80 – 00:59.08

A popular former leader is barred from the race and sitting in a jail cell,

00:59.24 – 01:02.38

and there's already been political violence that's killed dozens.

01:02.98 – 01:05.52

Stay with us. We'll give you the news you need to start your day.

2Speaker 2
01:12.30 – 01:16.20

On the TED Radio Hour, MIT psychologist Sherry Turkle,

3Speaker 3
01:16.20 – 01:22.16

her latest research into the intimate relationships people are having with chatbots.

4Speaker 4
01:22.80 – 01:29.72

Technologies that say I care about you, I love you, I'm here for you, take care of me.

3Speaker 3
01:30.12 – 01:33.26

The pros and cons of artificial intimacy.

01:33.46 – 01:35.90

That's on the TED Radio Hour from NPR.

4Speaker 4
01:37.32 – 01:40.96

The Democratic National Convention is underway in Chicago.

2Speaker 2
01:41.38 – 01:43.48

After a whirlwind start to their campaign,

01:43.48 – 01:47.74

Vice President Kamala Harris and her running mate, Minnesota Governor Tim Walz,

01:47.86 – 01:50.14

are celebrating their newly minted ticket.

01:50.64 – 01:53.52

And Democrats are pitching their platform to the nation.

01:54.12 – 01:58.42

Listen to the NPR Politics Podcast for the latest news from the DNC.

5Speaker 5
02:01.64 – 02:08.80

The U.S. Supreme Court hears arguments today over whether to remove Donald Trump from a presidential primary ballot.

3Speaker 3
02:08.80 – 02:13.82

Colorado's Supreme Court disqualified him based on a clause in the Constitution.

02:14.42 – 02:20.32

It says a former official may not return to office after engaging in insurrection or rebellion.

02:20.84 – 02:25.50

Trump gave a speech to supporters who then stormed the Capitol on January 6, 2021.

02:26.18 – 02:30.42

The case turns on many questions, like whether that attack counts as insurrection,

02:30.68 – 02:33.98

and who gets to decide if the rule applies to Trump.

5Speaker 5
02:33.98 – 02:38.80

The case does have implications for other states, so NPR's Kerry Johnson is following it.

02:39.12 – 02:39.54

Hi there, Kerry.

1Speaker 1
02:39.82 – 02:40.52

Good morning, Steve.

5Speaker 5
02:40.70 – 02:42.16

Okay, so what is the law here?

1Speaker 1
02:42.66 – 02:45.98

The key law is Section 3 of the 14th Amendment,

02:46.16 – 02:50.42

which was passed after the Civil War to try to keep Confederates out of government.

02:50.98 – 02:54.12

This provision says anyone who swore an oath to the Constitution

02:54.12 – 02:58.48

and went on to engage in insurrection is disqualified from public office

02:58.48 – 03:02.34

unless two-thirds of Congress votes to grant that person amnesty.

03:02.34 – 03:04.54

It's never been applied to a former president,

03:04.72 – 03:08.14

and it's only been applied about eight times since the 1860s.

03:08.28 – 03:12.98

I talked with Jason Murray, a lawyer who will argue the case today for the Colorado voters,

03:13.22 – 03:16.36

and he says this part of the Constitution remains relevant.

03:16.76 – 03:18.42

Here's more of what Murray had to say.

2Speaker 2
03:18.76 – 03:25.02

The reason why this case is unprecedented is because Donald Trump's behavior is unprecedented.

03:25.02 – 03:32.64

No other American president has refused to peacefully hand over the reins of power after losing an election.

5Speaker 5
03:32.78 – 03:35.72

Which is true and does answer one concern,

03:35.90 – 03:38.86

which is why is this amendment being cited now when it's so rarely,

03:38.96 – 03:41.58

or this provision of it, so rarely been cited in the past.

03:41.72 – 03:44.08

What is former President Trump's response?

1Speaker 1
03:44.78 – 03:46.72

Donald Trump is making a bunch of arguments.

03:46.92 – 03:51.54

First, he says the president is actually not an officer of the United States

03:51.54 – 03:54.26

because he says presidents are elected, not appointed.

03:54.26 – 03:57.68

So he says that part of the 14th Amendment should not apply to him.

03:58.16 – 04:02.22

Trump also says he did not engage in an insurrection on January 6th.

04:02.44 – 04:07.00

He's also making the case that barring him from the ballot will open the floodgates.

04:07.46 – 04:09.28

Scott Gessler is one of Trump's lawyers.

04:09.66 – 04:14.94

He says there's going to be a constant stream of litigation if the Supreme Court allows these doors to open.

2Speaker 2
04:15.30 – 04:16.60

And it's not going to stop.

04:17.08 – 04:19.04

You're going to see attacks on President Biden.

04:19.34 – 04:22.56

You're going to see attacks on Kamala Harris, Vice President of Paris.

04:22.56 – 04:26.92

You're going to see attacks on senators, representatives, other people,

04:27.28 – 04:29.10

trying to prevent them from being on the ballot.

1Speaker 1
04:29.32 – 04:31.72

And if Scott Gessler sounds a little scratchy there,

04:32.02 – 04:35.56

it's because I caught him at the airport where he traveled to defend Trump

04:35.56 – 04:38.18

on another ballot disqualification issue in Illinois.

5Speaker 5
04:38.44 – 04:40.30

Because there are plenty of cases going on.

04:40.56 – 04:43.74

I'm trying to think this through from the Supreme Court's point of view, though.

04:43.98 – 04:47.10

Chief Justice John Roberts has tried, when possible,

04:47.34 – 04:50.36

to make the courts seem a little less political,

04:50.36 – 04:53.22

to keep out of political controversies where possible,

04:53.36 – 04:55.16

to give narrow rulings where possible.

04:55.56 – 05:00.46

And now we have this gigantic question of whether a former president of the United States

05:00.46 – 05:03.34

should be on the presidential ballot, possibly in multiple states.

05:03.40 – 05:04.58

What are the court's options here?

1Speaker 1
05:04.98 – 05:06.08

This is a hard one.

05:06.24 – 05:10.28

You know, the court is now at the center of a presidential election just like it was in 2000

05:10.28 – 05:14.24

when it stopped the Florida recount and handed the White House to George W. Bush.

05:14.50 – 05:17.42

But in this case, the justices have a few options.

05:17.42 – 05:21.94

They could decide to disqualify Trump just like the Colorado Supreme Court did.

05:22.38 – 05:26.00

Depending on how they rule, it could have a cascading effect in other states

05:26.00 – 05:28.76

at the primary and the general election level.

05:29.16 – 05:31.64

They could decide this is a political question, Steve,

05:31.74 – 05:34.28

one for Congress and voters to answer, not the courts.

05:34.88 – 05:38.46

Or they could side with Trump and dozens of other Republicans in Congress

05:38.46 – 05:39.92

and keep Trump on the ballot.

05:40.16 – 05:42.98

It's kind of hard to predict what the justices might do here.

5Speaker 5
05:43.34 – 05:45.32

So when do they rule however they may rule?

1Speaker 1
05:45.32 – 05:47.18

Well, the court's been moving pretty quickly.

05:47.46 – 05:49.96

Experts want them to issue a definitive ruling soon

05:49.96 – 05:53.76

before many more voters go to the polls on Super Tuesday in early March.

5Speaker 5
05:54.10 – 05:55.48

NPR's Kerry Johnson, thanks so much.

1Speaker 1
05:55.70 – 05:56.24

My pleasure.

3Speaker 3
06:03.96 – 06:07.76

The United States asserts that it gained a measure of justice

06:07.76 – 06:09.92

for an attack that killed three U.S. soldiers.

5Speaker 5
06:10.20 – 06:13.42

A U.S. airstrike in Iraq killed a leader of a militia

06:13.42 – 06:17.16

whose group the United States blamed for an attack on an American base.

06:17.34 – 06:20.16

This is all part of a multinational conflict.

06:20.32 – 06:20.98

Grab your maps.

06:21.68 – 06:23.40

The Americans were killed at a base in Jordan.

06:23.96 – 06:25.68

The militia leader was killed in Iraq.

06:26.24 – 06:28.14

He was part of a group that's linked to Iran,

06:28.28 – 06:31.56

which in turn has vowed to respond to the Israel-Hamas war.

06:32.08 – 06:34.32

Numerous armed groups have opened fire throughout the region,

06:34.44 – 06:37.62

and the latest incident led to a days-long U.S. response.

3Speaker 3
06:37.96 – 06:41.14

NPR's Jane Araf joins us now from Baghdad to talk about all this.

06:41.18 – 06:41.56

Hi, Jane.

4Speaker 4
06:41.56 – 06:42.70

Hi, Layla.

3Speaker 3
06:43.06 – 06:46.76

So what do we know about who was killed in this strike?

4Speaker 4
06:47.36 – 06:51.34

Well, the militia al-Khattab Hezbollah has confirmed it was one of its commanders.

06:51.80 – 06:54.22

He was called Abu Bakr al-Saudi,

06:54.44 – 06:59.44

and an Interior Ministry official says he was head of logistics for the Iran-backed group.

07:00.24 – 07:01.88

The U.S., in confirming the strike,

07:02.08 – 07:06.54

said al-Saudi had been directly involved in attacks on U.S. forces.

07:07.08 – 07:08.72

A bit of confusion still here

07:08.72 – 07:13.10

because initial reports from the Interior Ministry said three people were killed,

07:13.30 – 07:15.36

and it's still not clear whether that was the case

07:15.36 – 07:17.90

and whether there were other militia figures.

07:18.38 – 07:20.06

This was a targeted strike, Layla,

07:20.14 – 07:24.62

using an adapted Hellfire missile with a non-explosive warhead,

07:24.86 – 07:29.52

the kind used by the U.S. for counterterrorism operations in crowded areas,

07:29.62 – 07:31.14

which this indeed was.

07:31.68 – 07:36.22

The vehicle burst into flames on impact of the airstrike.

07:36.22 – 07:39.90

Everyone in the car was killed, but there were no other casualties reported.

3Speaker 3
07:40.52 – 07:44.54

So a targeted strike in Baghdad by the U.S., pretty dramatic.

07:44.86 – 07:46.82

What's the mood in the capital this morning?

4Speaker 4
07:48.40 – 07:53.78

Yeah, apprehension, really, and fear, and waiting for what comes next.

07:54.10 – 07:56.94

There are really not a lot of good scenarios here.

07:57.48 – 08:00.30

It's a workday here, so people, in fact, did go to work.

08:00.50 – 08:03.12

Shops are opening. It seems relatively normal.

08:03.12 – 08:06.68

But this afternoon is the funeral ceremony in Baghdad

08:06.68 – 08:08.58

for the commander who was killed.

08:09.20 – 08:11.88

Some of the Iran-backed groups have called for protesters

08:11.88 – 08:13.88

to gather near the U.S. Embassy,

08:14.18 – 08:17.46

and in the past those gatherings have sometimes turned violent.

08:18.24 – 08:23.06

And some members of the anti-U.S. resistance coalition

08:23.06 – 08:24.98

that Khattab Hezbollah belonged to

08:24.98 – 08:28.30

have called for new attacks against the United States.

08:29.02 – 08:31.74

The Iraqi Hezbollah itself halted attacks

08:31.74 – 08:34.00

in deference to the Iraqi government recently,

08:34.24 – 08:36.62

but it could very well announce a resumption,

08:36.88 – 08:40.38

and that would signal a new wave of attacks from both sides.

3Speaker 3
08:40.92 – 08:42.88

So it's possible that this escalates.

08:42.98 – 08:45.06

Let's talk about the wider repercussions, though, here.

08:45.14 – 08:47.14

The U.S. and Iraq recently started talks

08:47.14 – 08:49.88

on the future of American forces in that country.

08:50.64 – 08:53.04

Does this killing impact those talks?

4Speaker 4
08:53.68 – 08:55.74

I think it almost certainly does.

08:55.98 – 08:58.56

An Iraqi military spokesman, Yahya Rasool,

08:58.56 – 09:01.98

said these latest attacks were increasing pressure

09:01.98 – 09:05.02

on the Iraqi government to essentially expel U.S. forces.

09:05.44 – 09:07.60

Now, this wouldn't be an overnight process.

09:07.80 – 09:09.96

It would be the result of talks and negotiations,

09:10.44 – 09:13.14

as the U.S. is still an essential security partner.

09:13.88 – 09:17.30

But after withdrawing after its invasion of Iraq

09:17.30 – 09:18.34

and the occupation,

09:19.18 – 09:22.44

troops came back here in 2014 to fight ISIS

09:22.44 – 09:24.66

at the invitation of the Iraqi government.

09:24.66 – 09:28.26

The U.S. views these recent attacks that it's launched

09:28.26 – 09:30.60

as a response to being attacked by militias,

09:30.74 – 09:34.58

but there's increasing anger in Parliament, in the streets,

09:35.38 – 09:37.48

in the halls of government, even,

09:38.04 – 09:40.58

at violations of Iraqi sovereignty.

09:41.12 – 09:42.58

And just really quickly,

09:42.76 – 09:45.24

because this is a complicated but important part,

09:45.40 – 09:46.96

these militias that are attacking

09:46.96 – 09:48.74

and being attacked by the U.S.,

09:48.74 – 09:50.60

they actually have brigades

09:50.60 – 09:53.08

that are part of Iraqi government security forces.

3Speaker 3
09:53.72 – 09:56.20

NPR's Jane Araf in Baghdad. Thank you, Jane.

4Speaker 4
09:56.48 – 09:57.08

Thank you, Lena.

3Speaker 3
10:06.02 – 10:07.66

Pakistanis are headed to the polls today,

10:07.76 – 10:08.88

and it's quite an endeavor.

5Speaker 5
10:09.00 – 10:11.30

Yeah, this is one of the most populous nations on earth,

10:11.36 – 10:12.46

so here are some of the numbers.

10:12.66 – 10:14.90

Tens of millions of people will be eligible to vote

10:14.90 – 10:17.60

at more than 90,000 polling stations,

10:18.14 – 10:22.16

guarded by more than 700,000 police officers and soldiers

10:22.16 – 10:24.74

who are needed because dozens of people

10:24.74 – 10:26.58

have been killed in bombings and attacks

10:26.58 – 10:28.20

in the hours leading up to the election.

3Speaker 3
10:28.84 – 10:30.32

NPR's Diya Hadid joins us now.

10:30.36 – 10:32.28

She covers Pakistan from her base in Mumbai.

10:32.50 – 10:33.22

Hi, Diya.

2Speaker 2
10:33.28 – 10:33.82

Hi, Leila.

3Speaker 3
10:34.28 – 10:37.50

So, a big election for a big country.

10:37.66 – 10:38.82

How is it going so far?

2Speaker 2
10:39.30 – 10:42.20

Well, we have only a somewhat shaky picture

10:42.20 – 10:45.06

because authorities have disrupted cellular services,

10:45.48 – 10:48.36

citing security concerns, you know, as you mentioned,

10:48.46 – 10:50.00

because there's been these deadly attacks

10:50.00 – 10:51.56

on polling booths and candidates,

10:51.96 – 10:54.84

and militant attacks like this have really been on the rise

10:54.84 – 10:55.98

in the past two years.

10:56.60 – 10:58.38

But rights groups worry that there might be

10:58.38 – 11:00.20

a more nefarious purpose,

11:00.52 – 11:02.94

because there was a crackdown ahead of these elections

11:02.94 – 11:04.34

that targeted Imran Khan,

11:04.66 – 11:07.40

who's arguably Pakistan's most popular leader.

11:07.80 – 11:08.76

He's the former PM.

11:09.22 – 11:11.46

He was ousted from power after he fell out with the military,

11:11.68 – 11:14.24

and that's Pakistan's most powerful institution.

3Speaker 3
11:14.96 – 11:17.12

Okay, Imran Khan, former cricket player

11:17.12 – 11:18.64

turned populist politician,

11:18.64 – 11:20.62

but I understand he's not even on the ballot today, right?

2Speaker 2
11:21.20 – 11:22.34

That's right. He's not on the ballot.

11:22.54 – 11:24.62

He's in prison serving multiple sentences.

11:25.00 – 11:27.62

His party isn't even allowed to participate in the polls,

11:27.90 – 11:31.40

and yet these elections are still very much about him.

11:31.58 – 11:34.02

His party has tried to work around these obstacles.

11:34.52 – 11:36.26

His allies are running as independents.

11:36.70 – 11:39.62

Chatbots tell citizens who to vote for in the elections.

11:40.20 – 11:42.60

They're running campaign rallies on TikTok,

11:43.20 – 11:45.40

and they're using generative AI

11:45.40 – 11:49.04

to create Khan-like personas to use on social media

11:49.04 – 11:51.34

where he urges his base to vote.

11:52.06 – 11:54.20

One of Khan's allies, Taimur Jagra,

11:54.34 – 11:55.78

explained it to me like this.

11:56.14 – 12:00.96

What we've had is AI-generated messages of Imran Khan

12:00.96 – 12:05.40

so that in the absence of Imran Khan's pictures,

12:05.66 – 12:09.12

Imran Khan's voice being deliberately taken away from the people,

12:09.60 – 12:13.78

that it acts as a source of motivation to his voters.

3Speaker 3
12:13.78 – 12:17.76

Okay, so AI-generated messages of Khan are being used.

12:18.28 – 12:19.56

He's not on the ballot.

12:19.78 – 12:21.00

Is this actually working?

2Speaker 2
12:21.62 – 12:23.16

It seems so.

12:23.64 – 12:25.46

Video messaging is key in Pakistan

12:25.46 – 12:27.68

because literacy rates are really low,

12:27.86 – 12:30.54

and this is an appeal to young voters.

12:30.76 – 12:31.64

They're a huge block.

12:31.86 – 12:33.58

They get their information from social media,

12:33.76 – 12:36.36

and they're a key base for Khan's party.

12:37.00 – 12:39.60

And so in Pakistan's second-largest city, Lahore,

12:39.92 – 12:41.70

most people we've spoken to

12:41.70 – 12:44.68

say that they are voting for independence aligned with Khan.

12:45.16 – 12:47.42

Some folks are even warning each other on WhatsApp groups

12:47.42 – 12:49.08

that if they don't go to vote,

12:49.44 – 12:51.64

someone else will fill in their ballot for them.

12:51.90 – 12:53.90

But it's hard to imagine Khan's allies

12:53.90 – 12:55.56

returning to government in any form

12:55.56 – 12:57.90

because the army is so opposed to Khan.

3Speaker 3
12:58.58 – 13:01.58

So Khan, it seems pretty clear he's not going to be the prime minister.

13:01.86 – 13:03.04

So who might be?

2Speaker 2
13:03.88 – 13:05.26

The analyst I've been speaking to

13:05.26 – 13:08.08

expected a different former prime minister to come to power.

13:08.30 – 13:09.78

His name is Nawaz Sharif.

13:09.78 – 13:12.58

One analyst, Niaz Murtaza, tells me

13:12.58 – 13:14.76

he expects to see a governing coalition

13:14.76 – 13:17.54

that's weak and easily swayed by the military.

13:17.96 – 13:20.24

It's going to be a really hobbled government

13:20.24 – 13:22.86

with the army running the show from behind.

13:23.22 – 13:23.98

But here's the thing.

13:24.40 – 13:26.10

Pakistani politics is cyclical.

13:26.46 – 13:28.60

Today's jailed politician is tomorrow's favourite.

13:28.96 – 13:31.10

So one ally of Khan tells me

13:31.10 – 13:34.42

even if they're excluded from power in this election cycle,

13:34.76 – 13:35.90

they're going to watch and wait

13:35.90 – 13:38.20

because they know how Pakistan operates.

3Speaker 3
13:38.20 – 13:40.32

That's NPR's Diya Hadid. Thanks, Diya.

2Speaker 2
13:40.76 – 13:41.46

Thank you, Laila.

3Speaker 3
13:45.64 – 13:48.30

And that's Up First for Thursday, February 8th.

13:48.30 – 13:49.08

I'm Laila Fawzi.

5Speaker 5
13:49.24 – 13:50.04

And I'm Steve Inskeep.

13:50.10 – 13:52.30

Today's Up First was edited by Krishnadev Kalamur,

13:52.38 – 13:54.32

Miguel Macias and Mohamed El-Bardisi.

13:54.68 – 13:58.40

It was produced by Ziad Bach, Ben Abrams and Julie Deppenbrock.

13:58.64 – 14:00.86

We get engineering support from Robert Rodriguez

14:00.86 – 14:03.42

and our technical director is Zach Coleman.

14:03.66 – 14:04.26

Join us tomorrow.

3Speaker 3
14:04.54 – 14:06.84

And you can listen to this podcast sponsor-free

14:06.84 – 14:10.66

while financially supporting public media with Up First Plus.

14:11.04 – 14:12.84

Learn more at plus.npr.org.

14:13.50 – 14:16.34

That's plus.npr.org.

v1.0.0.260408-1-a910ba6_os