Tuesday, May 3, 2016

Ted Cruz Is "Staring At The Abyss" In Indiana

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INDIANAPOLIS — Ted Cruz has almost reached the bottom of his bag of tricks.

Casting the primary as literally a battle between good and evil, Cruz has pulled out all the stops ahead of Indiana, naming Carly Fiorina as his running mate, making a non-aggression pact with John Kasich, and aggressively barnstorming the state in the final hours, much as he did in the run-up to the Iowa caucuses.

Cruz has hung on in the Republican primary longer than anyone predicted, emerging as the last viable alternative to Donald Trump and the unlikely figurehead of a movement of anti-Trump Republicans hoping to stop the billionaire’s rise. But for those anti-Trump Republicans, tonight will be a reckoning — and after this, there may not be any options. Should Trump win on Tuesday night, as he is expected to do, it’s very likely Cruz will be able to clinch the nomination outright in California next month.

"I believe in the people of the Hoosier state,” Cruz told an audience in La Porte on Sunday night. Cruz has repeatedly said that the primary is a pivotal moment on which the entire campaign rests, raising the stakes for himself. “I believe that the men and women gathered here and the goodness of the American people, that we will not give into evil but we will remember who we are and we will stand for our values.”

Unlike Trump, who has relied on constant media attention and large stadium rallies, Cruz’s team focuses on the more nuts-and-bolts building blocks of a successful presidential campaign — delegate hunting, data, get-out-the-vote organizing. Outside of Indiana, his campaign has focused — often successfully — on picking off delegates wherever they can in an effort to hold Donald Trump below the magic number of 1237. They’re resourceful, even cutting a deal with Kasich to cede Oregon and New Mexico to him in exchange for Indiana after facing the reality that a contested convention was their only hope for the nomination.

But in recent days, many of Cruz’s hallmarks — his carefully calibrated message against Trump, his willingness to talk about the process of winning, and his ability to pull out an incredibly effective surrogate when needed — have faded.

Cruz has elevated his rhetoric against Trump, turning toward the moral case against the frontrunner, particularly after Trump suggested that Cruz’s father may have had something to do with the assassination of John F. Kennedy.

“I’m gonna tell you what I really think of Donald Trump,” Cruz told reporters in extended comments on Tuesday. “This man is a pathological liar.”

Cruz went on to call Trump “amoral,” saying “morality does not exist for him,” and said of Trump that "we are staring at the abyss." The language is jarring compared to Cruz’s refusal to criticize Trump earlier on in the primary process, when his only response to Trump’s questioning his eligibility for the presidency was a tweeted Happy Days video.

Crowd sizes aren’t a reliable indicator of how well a campaign is doing. But it hasn’t escaped notice that Cruz’s rallies these past couple days in Indiana have been, well, not very full. In a civic auditorium in La Porte on Sunday night, the floor was nearly two-thirds empty, though the risers surrounding it were full. And in Cruz’s election eve rally in Indianapolis, the large state fairgrounds exposition space was only half full — a stark contrast with the rallies Cruz held ahead of his win in Iowa.

Though Cruz has come this far because of his campaign’s mastery of process, and is normally happy to talk process with reporters — and even in front of crowds on the stump — on Monday, he was unusually reluctant.

“I think at this point most people are tired of endless process stores,” Cruz told reporters in response to a question about his delegate strategy, at a gaggle in Fort Wayne alongside Indiana governor Mike Pence, who declared his support for Cruz last week. “I recognize that’s what the media wants to cover.”

And Cruz was defensive about Pence’s sort-of endorsement.

“Gov. Pence offered his support and yet some folks in the media confused being midwest nice with being less than enthusiastic,” Cruz told reporters. He also pushed back hard in an interview alongside Pence with NBC’s Hallie Jackson, who asked Pence about his praise for Trump and if it was really an endorsement of Cruz.

Yet, Pence has not been using the word “endorsement” to describe his support for Cruz, and his offer of support, delivered in a radio interview last week, was widely viewed as tepid and equivocal.

Despite painting the primary as a must-win, on Monday, Cruz insisted to reporters outside a campaign stop in Osceola on Monday that he still has a path to victory even if he loses here.

“Absolutely,” Cruz said. “But we intend to do everything possible to win tomorrow. It’s gonna be up to the people of Indiana, the polls have been all over the place — there’s literally been a 30-point swing depending on what poll you’re looking at.” An NBC/Wall Street Journal poll on Sunday showed Trump 15 points ahead.

Trump himself is already gloating, telling supporters in South Bend on Monday night that the time had come to “put [Cruz] away.”

Anti-Trump forces have poured millions into Indiana, with Cruz spending far more on negative ads against Trump than he did in Wisconsin, where he won handily. But some anti-Trump Republicans are privately acknowledging that their luck may have run out in Indiana, and are thinking about next steps.

Cruz often says that only he and Donald Trump have viable paths to the nomination, but for the first time this cycle, Cruz has the aura of the next should-he-drop-out candidate — especially as his favorability ratings have plunged in recent weeks.

“Until he mathematically loses, there’s no reason for him to drop out,” said Rick Tyler, a former Cruz spokesman, a sentiment the campaign has echoed. “I’m guessing since Trump cannot get enough delegates before June 7, Ted Cruz will stay in.”

Unlike past candidates like Rick Santorum and Mike Huckabee, who stayed in long past their point of relevance in past elections, Cruz’s staying in to oppose Trump despite the long odds could be viewed in the long term as a principled attempt to defend his party against the hostile takeover of a non-conservative — something that could prove to be a boon in 2020.

“I don’t know that opposing Trump hurts him long term,” Tyler said. “If Trump’s the nominee he’ll be such a failure as a presidential frontrunner that people will be wishing they had never aligned with him.”

Voters at Cruz events have picked up on Cruz’s increasingly vivid anti-Trump rhetoric, and loudly booed Trump multiple times at events over the last two days. Several voters at Cruz events over the past few days told BuzzFeed News they would not vote for Trump if he was the nominee. Some are holding out hope that Cruz will eke out a win here.

“This is a Christian state, always has been. And Cruz fits right in,” said Gus Prathaftakis, who waited outside Bravo Café to see Cruz in Osceola on Monday.

Asked if she was concerned about Cruz’s potential loss here, supporter Laurie Fox, at Cruz’s rally in Indianapolis on Monday night, said “I put all my faith in God.”



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Cruz NJ Chairman: "We're Not Going To Nominate Hillary Clinton With A Penis"

“Why do you always throw around the crazy on my show?” CNN anchor Kate Bolduan asked.

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The New Jersey State Chairman for Ted Cruz said Tuesday he did not expect conservative voters to nominate Donald Trump, whom he described as "Hillary Clinton with a penis."

Former Bogata, New Jersey Mayor Steve Lonegan, who was appointed to Cruz's New Jersey leadership team in December, made the remark during an interview Tuesday on CNN.

When asked by anchor Kate Bolduan how he expected his candidate to perform in Tuesday's Republican primary in Indiana, Lonegan said, "If Donald Trump does win tonight and pull out half the delegates, you will see a very different Donald Trump tomorrow. Donald Trump will look a lot more like Hillary Clinton than Ronald Reagan."

Bolduan: You didn't even tell me. Give me a guesstimation on delegates.

Lonegan: Ted Cruz is going to do very well. He will outperform expectations like he always does. I don't think the conservative base of this party is ready to throw everything over to Donald Trump. In essence, we're not going to nominate Hillary Clinton with a penis.

Bolduan: Steve.

Lonegan: I said it.

After his comments, Bolduan said she was placing Lonegan "in time-out."

Last month at a rally in Indiana, Cruz mocked Donald Trump for his support for transgender people using the bathroom of their choice.

"So let me make things real simple: Even if Donald Trump dresses up as Hillary Clinton, he shouldn't be using the girls' restroom," the Texas senator said.

LINK: Ted Cruz Compared Transgender People To Donald Trump Dressing Like Hillary Clinton



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Trump On Pat Buchanan In 1999: He's "Beyond Far Right" And Only Gets "The Wacko Vote"

“I think he’s beyond far right, and, then, on other issues he’s just all over the place,” Trump told Larry King of Buchanan.

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Donald Trump, in an appearance on Larry King Live in 1999 when he was exploring a presidential run on the Reform Party ticket, criticized his potential opponent Pat Buchanan for being "beyond far right" and only appealing to the "wacko vote."

Earlier this year, Buchanan praised Trump on CNN, saying, "Trump has raised the very issues I raised in the early nineties."

Buchanan's 2000 platform was identical to Trump's in a number of ways. Buchanan was a protectionist on trade, used harsh rhetoric on immigration, wanted to limit donor influence in politics, and spoke loudly against Washington corruption.

KING: Would you debate him?

TRUMP: Yes, I would debate him, I would debate him, if it was appropriate.

KING: What would be a major issue? Hitler is going to be an issue.

TRUMP: I think it is personality. I think he's a very -- you know, it's almost gotten to a point where I'm not even so sure he's far right, I think he's beyond far right, and, then, on other issues he's just all over the place. I don't think he'll get any votes.

Look, Pat Buchanan will get a certain number of votes, just to sort of correct, but that's it. He's not going to win anything.

Now, if the Reform Party wants to nominate somebody that's going to get five or six percent of the wacko vote, they can do that, and they'll get five or six percent, but they're not going to win the election. Pat Buchanan is not winning the election.

I'll tell you what Buchanan will do, Bush will lose the election if Pat Buchanan becomes the Reform Party candidate. Bradley or Gore, in my opinion, will become the next president because almost all of those votes are going to come from the Republican Party.

Now, the people that would vote for Buchanan, probably their second choice would be Bush. So all they're doing is losing a vote for Bush, and he'll probably lose the election.

But I think that the Republicans have seen in their own polls, that if Buchanan gets the Reform Party nomination, not that Buchanan does anything great, but he takes all of the votes away from the Republicans.



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Sports: Former 49ers Star Charged With Rape of Disabled Woman

Sports on TIME.com

Former 49ers Star Charged With Rape of Disabled Woman


It allegedly took place when the woman visited his home in Morgan Hill for an interview as a babysitter

Published on May 3, 2016 at 05:15PM

Shared at 0 shares/hour


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Cruz: Trump Is "Divorced From Reality" Over Mike Tyson's Rape Conviction

“It is not an opinion that Mike Tyson is a rapist.”

Aaron Bernstein / Reuters

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Ted Cruz on Monday said Donald Trump is "divorced from reality and truth" for accusing him of lying about Mike Tyson's rape conviction.

"Donald Trump was talking recently, he was talking about Mike Tyson and Donald said something to the effect of, 'Cruz says Tyson is rapist. That's why we call him Lyin' Ted.' And Donald is so divorced from reality and truth. It is not an opinion that Mike Tyson is a rapist," Cruz said on the Mike Gallagher Show on Monday night.

Tyson was convicted of rape in Indiana in the early '90s. Trump advocated for Tyson publicly during the trial. On Fox News Sunday, host Chris Wallace asked Trump: "The Cruz campaign is making an issue of your support for Mike Tyson back during the time of the rape conviction in 1992. Your reaction to that?"

"It just shows what a liar he is," Trump responded. "So, Mike Tyson over the Internet endorsed me. He said, 'I endorse Mr. Trump.' He said that. That was it. No big deal, I didn't have a meeting or anything, I haven't seen Mike in years, but he said he endorsed me. So, Cruz is now saying, 'oh, he was a rapist.' This guy is a real liar. That's why we call him Lyin' Ted Cruz. I mean, the greatest liar that I've ever lived, except he gets caught every time."

Speaking on the radio on Monday, Cruz said Trump's statements show his deception.

"He was tried in front of a jury of his peers, he was convicted and served three years in prison for rape," said Cruz. "And yet, Donald is this bizarre reality show campaign of deception. When someone observes that someone convicted of rape and served in prison for rape is a rapist, Donald just says, 'it's a lie.' And sadly the media acolytes just let Donald get away with trying to deceive people. I believe truth matters, it matters a great deal."



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Clinton Deals Face To Face With Deep Opposition In Coal Country

Clinton speaks with Bo Copley

Jim Young / Reuters

WILLIAMSON, W.V. — Outside the Williamson Health and Wellness Center, at the Pike Street intersection of this small coal town, dozens of protesters crowded police barricades huddled together beneath shared umbrellas, their “TRUMP” signs dripping with rain. They wanted Hillary Clinton to leave West Virginia.

“Hillary, go home! Hillary, go home!”

Inside the Williamson Health and Wellness Center, the site of a small campaign event held as part of a two-day swing through the Appalachia region, their chants sounded in the background as Clinton and Sen. Joe Manchin led a 12-person “roundtable” discussion on the collapse of the coal industry. “Go! Go! Go! Go!” they shouted. And about 50 minutes in, one of the participants — a 39-year-old coal worker who lost his job, a father of two young girls and one boy — tried to explain to Clinton why those people out there were so angry.

In stark terms, Bo Copley, a former maintenance planner for a subsidiary of Arch Coal, told Clinton how upset people here are about the controversial comment she made in March about the decline of coal. “We’re going to put a lot of coal miners and coal companies out of business,” Clinton said, before adding, “And we’re going to make it clear that we don’t want to forget those people.”

The remark was seen as a significant misstep for Clinton, who performed well in this part of the country against Barack Obama in 2008, and whose husband once connected deeply with many of the working-class white voters who now make of Trump’s base of support. Clinton said she moved quickly to explain and apologize directly to Manchin, one of her campaign’s key backers in the region, both by phone and by letter. But Copley, who said he spoke as the “voice” of the protesters on Pike Street, came to the event with more questions — setting off 15 minutes of tense and unusually candid conversation between a voter, U.S. senator, and presidential candidate.

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“The reason you hear those people out there,” Copley started, “saying some of the things that they say, is because when you make comments like, ‘We’re gonna put a lot of coal miners out of jobs,’ these are the kinds of people you’re affecting.” Copley took out a picture of his family and slid it across the table. Clinton picked up the photo and took a long stare.

“This is my family,” said Copley. “My hope is in God, that’s my future. I want my family to know that they have a future here in this state — that this is a great state. I’ve lived my entire life here. West Virginians are proud people. We take pride in our faith in God. We take pride in our family. We take pride in our jobs. We take pride in the fact that we’re hard workers.”

Copley and his wife, Lauren, came to the roundtable at the invitation of Dr. Dino Beckett. (Their kids play soccer together. Copley coaches three neighborhood teams.) Copley stopped often to catch himself from crying as he described what’s happened to families like his here in Mingo County, once one of the country’s top coal-producers. In the past four years, Mingo’s coal mining employment has dropped by half. The county has seen the largest growth in unemployment in that period of any in the state.

“I just wanna know how you can say you’re gonna put a lot of coal miners out of jobs, and then come in here and tell us how you’re gonna be our friend,” he said. “Because those people out there don’t see you as a friend.”

“I know that, though,” Clinton said, her voice low. She apologized several times, but not without qualifications, insisting that the comment was simply a “misstatement.”

“I don’t know how to explain it other than what I said was totally out of context from what I meant. Because I have been talking about helping coal country for a very long time, and I put out a plan last summer. It was a misstatement, because what I was saying was the way things are going now, we will continue to lose jobs.”

(Clinton’s campaign plan invest about 30 billion dollars in coal country, focuses primarily on health and retirement benefits for coal workers, infrastructure projects, and education.)

Clinton looked at Copley as she spoke. “I don’t mind anybody being upset or angry — that’s a perfect right for people to feel that way,” she said. “I can’t take it back, and I certainly can’t get people who for political reasons — or very personal reasons, painful reasons — are upset with me.”

“But here’s what I want you to know. What I want you to know is I’m gonna do everything I can to help no matter what happens politically,” she said. “That is just how I am made.”

Manchin, who’d been watching the exchange from other side of the table, offered Copley his own assessment. “Bo, I know just sitting here, I know what you’re gettin’ from outside. You know what I’m gettin’ from outside, right?” he said, referring to political pressure. “You’re hearing it every minute.”

“So, if we’re brave enough to say listen, ‘I know you’re mad — you might be mad at me, mad at Bo, but we still love you, we’re just trying to make it better for you.’ I can’t run,” Manchin continued. “If I’m worried about that politically, I’m worried about myself more politically than I am about my state, and I’m not gonna do that.”

Copley responded with a laugh. “I don’t think they’re mad at me,” he said. “I think they’re looking at me as a voice at this point."

Clinton and Manchin agreed this was a good thing.

But Copley had a political assessment for Manchin. “If I can be candid, I think still supporting her hurts you,” he said. “It does.”

“I know,” Manchin replied.

The senator offered this to Copley: If West Virginians feel like they have the wrong guy in Washington, they’d vote him out. “They’ll send me back home. I miss my state. I love my state,” he said, to Clinton’s laughter. “Send me back home. Let me come back ol’ West Virginia. I’m okay with that. But if I believe she’s the best person to help the country…”

For her part, Clinton was conciliatory, though she said she would not overpromise.

“I’m gonna do everything I can to help,” she said. “Obviously, if I’m fortunate enough to be president, I’m gonna be as focused to help West Virginia as I can whether or not people in West Virginia support me, I’m gonna support you. That’s how I feel.”

After the roundtable, Copley told reporters Clinton hadn’t won him over. Manchin, though, declared the event a success. “It was a real conversation, he said. "We all cried!”

He did have a message for Copley.

“You spoke for the whole state,” Manchin told him.



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Supreme Court Calls For Alabama Courts To Review State's Death Sentencing Process

Chris Geidner/BuzzFeed

WASHINGTON — The Supreme Court on Monday sent an order to the Alabama courts that they review whether the process the state uses to sentence someone to death remains constitutional after a ruling from the justices earlier this year that struck down Florida's similar sentencing process.

Also on Monday, the Supreme Court declined to hear a California death penalty case. The action in Bart Johnson's case in Alabama, however, is a sign that the justices are paying close attention to the state-by-state effects of their movements on capital punishment.

In the California case, the justices declined — over the noted dissent of Justice Stephen Breyer — to hear a challenge on whether decades-long delays in executions can lead to a violation of the Constitution. Breyer, who has repeatedly raised concerns about the death penalty more broadly and the potential constitutional implications of delays, drew significant attention to the California case with his dissent.

But it is Johnson's case that could, ultimately, serve as a much stronger signal of where the Supreme Court stands on capital punishment issues today.

On Jan. 11, the court had denied certiorari in Johnson's case, refusing to consider a question about whether prejudicial media coverage relating to the killing at issue required the court to grant a change of venue for Johnson's trial.

The next day, though, the court struck down Florida's death sentencing scheme — in which juries made a recommendation, but the judge was responsible for deciding the sentence. In Hurst v. Florida, Justice Sonia Sotomayor wrote for the court, "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury’s mere recommendation is not enough."

Alabama’s death sentencing scheme is similar to Florida’s, though not precisely the same. (The court previously had upheld Alabama's law, but it had done so by relying on two cases out of Florida that were overturned in part by the Hurst decision.) Soon after the Hurst decision, three justices — Sotomayor, Breyer, and Ruth Bader Ginsburg — signaled that they believed Alabama's system was thrown into question by Hurst.

On Feb. 5, Johnson's lawyers asked the court to consider rehearing his case. "These same Sixth Amendment concerns [at issue in Hurst] require action in Mr. Johnson’s case—a case in which the judge made the findings necessary to impose the death penalty," the lawyers wrote.

Lawyers for the state opposed the request. They argue that Alabama's scheme is different from Florida's scheme because the law in Alabama "requires a jury to unanimously find the existence of an aggravating circumstance — at either the guilt phase or the sentencing phase — before a defendant can be sentenced to death."

The court rarely rehears cases ever, let alone cases in which it had denied the request to hear the case in the first place. But the court did so on Monday, despite the state’s opposition, taking the precise actions that were sought by Johnson's lawyers.

The court granted the rehearing request, and then granted the certiorari petition, vacated the Alabama court decision below, and sent the case back to the Court of Criminal Appeals of Alabama "for further consideration in light of Hurst v. Florida."

While the request might not seem like much, it means that a majority of the eight justices on the court — so, at least five — decided that Hurst — itself an 8-1 decision only opposed by Justice Samuel Alito — likely has implications for Alabama's death sentencing scheme.

This is made all the more significant in light of the court's current slowdown in accepting new cases, an issue detailed by Robert Barnes in The Washington Post on Sunday. The court took no action, for example, on two other death penalty-related petitions under review out of Texas: one case challenges the state's standards for determining intellectual disability, the other challenges the appeals court's standard for review of constitutional challenges to trial procedures in death penalty cases.

Monday's order in Johnson's case also could signal that other states with similar elements to their sentencing scheme — including Delaware, Montana, and Nebraska — could face additional scrutiny in the federal courts. Delaware's Supreme Court already is reviewing its state's sentencing scheme in light of the January ruling.



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