"DAY AHEAD" - "Vindictive Prosecutions and Retribution" to be Tested in Court
May 7, 2026
It’s a good day to invest in one of those old school desk calendars. The kind that’s bigger than your keyboard and you can mark up by hand with a blue sharpie.
Buy that… then buy a big bottle of freakin’ aspirin.
The calendar is getting clogged with prosecutions and legal challenges from the Trump Administration against Trump’s perceived political enemies.
And the list is growing. Perhaps this is why more than 3,400 attorneys have quit or retired from an increasingly politicized Justice Dept.
TODAY 1PM:
Arraignment in the federal court house in the Middle District of Alabama in the fraud criminal case against the Southern Poverty Law Center.
Technically there is no “named” defendants. No individual. Per Justice Dept sources, that means an “agent” representing the SPLC or an organization director will stand-in for the formal reading of the charges and other proceedings.
SPLC and its supporters (including here in DC) argue that the Trump Admin is targeting the organization for a vindictive prosecution, because the group doesn’t align its values with Trump.
SPLC’s most recent series of court filings restates its mission statement and cause. They argue, “For over half a century, the Southern Poverty Law Center (SPLC) has served as a cornerstone of American civil rights litigation. This indictment represents a stunning and unremitting departure from Justice Department policy and established law. It seeks to criminalize some of the very investigative tools and programs that the SPLC has used for decades to infiltrate and dismantle violent extremist organizations like the Ku Klux Klan and the Aryan Nations”
https://storage.courtlistener.com/recap/gov.uscourts.almd.90265/gov.uscourts.almd.90265.22.0.pdf
TODAY 9:30AM:
Arguments in the DC Circuit Court of Appeals in the legal challenge by Sen. Mark Kelly (D-AZ), an emphatic critic of Trump and Sec. Pete Hegseth, against Hegseth.
Kelly has filed a federal civil suit alleging Hegseth unlawfully sought to target and exact retribution on Kelly (including through reduction in military benefits) because of Kelly’s criticism of the Administration.
Team Trump is digging in and has attempted to counterpunch. The Appeals Court will hear oral arguments. Each side gets 15 minutes ---- but we’ll see if additional time is given.
WE CAN LISTEN to the audio feed:
https://media.cadc.uscourts.gov/calendar/calendar.php?cal=FutureDates
MONDAY 11AM:
James Comey makes his initial appearance in the federal court in Greenville, North Carolina in the “seashells by the seashore” threat case.
For now, the charging document is wafer thin. It’s just 3-pages long. Here: https://storage.courtlistener.com/recap/gov.uscourts.nced.227449/gov.uscourts.nced.227449.1.0_11.pdf
Acting Attorney General Todd Blanche has justified the case by alleging there are more findings in a 10-11 month probe. That 3-page court filing doesn’t show us much. We’ve been checking and waiting all week for more info….. hasn’t happened.
MORE CASES?:
Trump housing official Bill Pulte is predicting a further criminal probe of Federal Reserve Board governor Lisa Cook.
Who knows if/when any criminal case will actually be filed against Virginia State Senate Democratic leader Louise Lucas?
Lucas issued a statement in which she said she won’t back down. Lucas’s statement also said, “Today’s actions by federal agents are about far more than one state senator; they are about power and who is allowed to use it on behalf of the people. What we saw fits a clear pattern from this administration: when challenged, they try to intimidate and silence the voices of those who stand up to them.”
MORE here from the Associated Press:
1) Howard Lutnick’s marathon closed-door interview with the House Oversight Committee does not appear to have quieted any of the outrage over Lutnick’s prior statements on his former neighbor Jeffrey Epstein. Democrats are still alleging that Lutnick is equivocating – or being misleading – about his interactions with Epstein. They allege Lutnick gave mushy answers when asked about his claim that he cut off ties with Epstein in 2005. (The Epstein files and yesterday’s interview indicates there might’ve been a couple more post-2005 interactions, including in 2012… years after Epstein’s sex offense criminal case)
Moreover, Epstein survivors are frustrated that Lutnick’s interview was NOT video recorded.. and will not be disseminated for survivors to see. Rep. Ro Khanna (D-CA) remarked that Lutnick should be happy there was no video, because Trump would fire Lutnick, had Trump seen a tape of yesterday’s interview.
Here’s a statement of dissatisfaction about the Lutnick interview – and ordeal – from James Marsh, who is an attorney for some Epstein survivors.
“The interview of Howard Lutnick, while a step towards potential clarity, does not provide any real substance for identifying the perpetrators of Epstein’s network or pathways to justice for survivors. Lutnick has already misrepresented his relationship with Jeffrey Epstein, raising serious questions about if he was even truthful during his interview. Past proceedings and depositions have repeatedly failed to even name, let alone hold accountable, those who carried out or enabled Epstein’s crimes. Every single member of his criminal enterprise must finally face the full force of justice; survivors deserve more than performative oversight. After being silenced for decades, their courage should not be met with more confusion or political rigmarole, but with the accountability they have long been denied.”
2) The Justice Department has charged Michael Marx of a Texas for a scary incident near the Washington Monument Monday. Marx faces three charges for allegedly pulling and firing a gun.. and wounding a passerby. A plainclothes Secret Service officer allegedly spotted Marx and intervened.
No court appearance today. Looks like Marx is hospitalized from whatever injuries – or other condition -- he sustained and showed Monday.
Here are images from a nearby camera.
The Justice Department argues, “We will prove this defendant carried an illegal firearm into the heart of Washington, D.C., opened fire at Secret Service officers near a crowded intersection, and shot an innocent bystander who was simply crossing the street with his family”
3) The Center for Politics at University of Virginia shifts its forecast for a bunch of US House races (These are the races in states that DID NOT redistrict in 2026)
All shifts are in favor of Democrats, including in Michigan and Ohio, where there are also key US Senate races.
4) Soaring food prices are a menace coast-to-coast. I’m watching how candidates and officeholders are leaning into the issue. Sen. Peter Welch (D-VT) is talking about it – and arranged a public event this week in rural Addison County, Vermont. Welch is chastising Republicans for Trump’s cuts to Supplemental Nutritional Assistance, which are increasingly vital as food costs soar. Welch this week is pushing for a reversal of the cuts.. and raising the profile of Democrats work on the the multi-year Farm Bill. As former Sen. Heidi Heitkamp (D-NC) told me this week: Democrats dramatically increase their odds of winning in rural states through their work on the farm bill.
North Carolina Democrats in the US House are planning a press event tomorrow on the topic of costs, food and Trump tariffs.
Here’s the headline in the heart of the swing state of Michigan. This is the Jackson Citizen-Patriot:
If you get a moment, take a listen to my convo with former Sen. Heitkamp. She has unique insights in how Dems can win in the Midwest and Plains.
https://lnk.to/onecountrygs!macfarlane
5) Ohio Democrats (and – to be frank – Democrats nationwide) are investing more hope in gubernatorial candidate Dr. Amy Acton. They see her prospects as improving for November. Here’s the argument the Democratic Governors Association is making this morning, “Dr. Acton has raised more money than any Democrat ever to run for governor in Ohio.”
If/when this is a competitive race for the governor’s mansion … and if/when the big spending starts in the competitive US Senate races…. Ohioans will be marinating in many tens of millions of dollars in political ads.
An on-air general election ad onslaught is imminent.
6) Speaking of the midterms. In Tennessee, Rep. Steve Cohen (D-TN) issuing the term “insane” to describe a hastily redrawn Congressional map from the state. Cohen, who has long represented Memphis, said about the map, “It’s a blatant, corrupt power grab that would destroy the Black community’s and our entire city’s voice.”
Yes.. this map divides Memphis into three different districts.. and it appears to sure up the district of Rep. Andy Ogles (R-TN)
The legislature begins the process of approving this new map with floor votes TODAY.
State Rep. Justin Pearson, who is competing for the Democratic nomination for the “current” Memphis US House district talked about this gerrymandering:
https://open.substack.com/live-stream/191567?utm_source=email&utm_campaign=new-live-stream-email
7) Strong event today from the Detroit Regional Chamber of Commerce, emphasizing the issue that is an economic lifeblood in the community. At 2:15pm, they’ll have a forum with Sen. Elissa Slotkin (D-MI)
The focus: the U.S.’s response to Chinese-controlled vehicles and what it means to the domestic automotive industry and national security.
Just a really solid, focused organization that knows its audience.
https://www.detroitchamber.com/a-conversation-with-sen-elissa-slotkin/
8) Top House committee Democrats have launched a probe into Trump’s
plans and preps (if ANY) for gas & farm price spikes during Iran War. They’ve formally requested by May 20 a series of records, including: “Communications between the White House & any federal agency.. regarding how a potential war with Iran was anticipated to affect farming & food costs”
9) The Justice Department is suing the state of Colorado over its restrictions on large-capacity magazines for firearms.
https://www.denverpost.com/2026/05/06/colorado-gun-magazine-ban-lawsuit-trump/
10) In a 68-page order, federal judge J.P. Boulee of Georgia has rejected Fulton County’s request for the Trump Administration to return the 2020 election ballots seized by the Admin. earlier this year. The judge acknowledged this case is not just unprecedented… but complicated.
https://storage.courtlistener.com/recap/gov.uscourts.gand.355452/gov.uscourts.gand.355452.108.0.pdf
A great day ahead on SUBSTACK LIVE.
At 9:30am eastern, please join me for my conversation with Jim Acosta — as we talk about the crumbling of so many American institutions .. and the peril to democracy.
Then at 10:30am, my guest is Rep. Jamie Raskin - about the investigations into Trump that he’s unleashed. And we’ll talk about the fallout of the Voting Rights act ruling from the high court — including its impact in November…… and beyond.
Thank you for this thorough research and work.
Thank you Scott. This list is overwhelming. I live in Colorado and cannot fathom why the Justice Department would want to strike down our ban on large magazines for firearms. I mean, who needs them really? Except to use in mass shootings.