Your Daily Brief

December 12, 2023

Good morning and happy Tuesday! Brenda Lee's Rockin' Around The Christmas Tree is No. 1 on the Billboard Top 100 music rankings for a second straight week. Why is that so noteworthy? Because the song was first released 65 years ago, in 1958, when Lee was 14. Fast-forward to today and Lee -- the first woman inducted into both the Country Music and Rock and Roll Halls of Fame -- has two new accolades: The oldest artist to top the charts at 79 and the longest gap between No. 1 hits at 63 years. Have a great day!

In Today’s Brief

  • Congress: Ukraine aid deal in doubt
  • Russia: Opposition leader is missing
  • Golden Globes: Nominations revealed
  • Macy's: Weighing $5.8B buyout offer

... and more

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Supreme Court may enter Trump fray

Special counsel Jack Smith has asked the Supreme Court to intervene in former President Donald Trump's federal election interference case.

  • The details: Trump has argued presidential immunity insulates him from prosecution for actions related to the 2020 election and the Jan. 6 riot at the Capitol. Smith is attempting to bypass lower court wrangling and go straight to the high court, requesting a quick ruling on whether Trump has presidential immunity to keep the case on track for a March trial in Washington. U.S. District Judge Tanya Chutkin has already rejected Trump's immunity claim; his legal team has since requested a stay. A normal appeals process could take several months.
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  • Smith's case: The special counsel says the case addresses "a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office." Smith also said a speedy decision is "of imperative public importance," and that a trial should occur quickly if Trump's immunity claim gets rejected. Trump is the overwhelming favorite to be the Republican presidential nominee for a third straight cycle.
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  • Next steps: It is rare for the Supreme Court to take a case before it has worked its way through the lower courts. But the Court has told Trump's team it must respond by Dec. 20, indicating it plans to expedite its review. The Court's next scheduled conference day is Jan. 5. Prosecutors say the Court's 1974 ruling that forced then-President Richard Nixon to turn over tape recordings during the Watergate scandal sets a precedent that Trump is not immune.

Report: Israel used white phosphorus

The White House expressed concern after a Washington Post report said Israel used U.S.-provided white phosphorus munitions during an October military operation in Lebanon.

  • The report: The newspaper said Israel used the munitions during a cross-border attack on Hezbollah militants, injuring nine civilians in the process. Amnesty International had previously accused Israel of using the munitions in the operation. White phosphorus creates smokescreens to mask troop movements, but the highly flammable material sticks to skin and can cause fatal burns and respiratory issues. Using the munitions in civilian areas could violate international humanitarian law.
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  • The response: Israel maintains it has adhered to international law. National Security Council spokesman John Kirby said the report was concerning and the U.S. would ask Israel for an explanation. But he stressed there are legitimate military reasons to use the munitions. The Pentagon said it has not provided white phosphorus to the Israelis since the start of Gaza war with Hamas. Israel has also consistently exchanged fire with Hezbollah since the war broke out.
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  • Other developments: Secretary of State Antony Blinken spoke with Israeli war cabinet member Benny Gantz about efforts to increase humanitarian aid in Gaza. The United Nations General Assembly will resume an emergency session on the war today. The U.S. vetoed a Security Council measure calling for a ceasefire last week. Israel said it is closing in on Hamas' last strongholds in northern Gaza.

Harvard president's fate remains unclear

The furor over Harvard President Claudine Gay's controversial testimony during a House hearing on antisemitism continued yesterday.

  • Future in question: Harvard's governing bodies, which can fire Gay, have yet to comment on Gay's Capitol Hill appearance. Gay refused to confirm calls for Jewish genocide would violate Harvard's code of conduct, sparking bipartisan outrage. She later apologized for her comments. The Harvard Corporation and Board of Overseers both held regularly-scheduled meetings yesterday. There has been speculation clarity could come today.
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  • Community reaction: Hundreds of Harvard faculty members and the school's alumni association executive committee publicly supported Gay, the school's first Black president, yesterday. Billionaire financier Bill Ackman, a Harvard graduate, called for Gay's firing, saying she has cost the school $1B in donations and has done more damage to the institution than any person in history. Gay was also accused of past plagiarism by a right-wing think tank yesterday, although her thesis adviser denied the allegation.
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  • Other fallout: Penn President Elizabeth Magill, who offered similar testimony to Gay's during the hearing, resigned amid pressure last weekend. She stepped down after a donor pulled a $100M gift to the school and following criticism from Pennsylvania Gov. Josh Shapiro. The third university leader at the hearing, MIT President Sally Kornbluth, has already received a vote of confidence from her governing body. But Ackman has also called for her firing.
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Quick Tips


U.S. News

  • Senate negotiators expressed doubt a deal on Ukraine aid and border security can be reached this week. Ukrainian President Volodymyr Zelensky will meet with President Joe Biden and Congressional leaders today in Washington (More)
  • The Air National Guard has punished 15 individuals for neglecting to take proper action and enabling alleged Pentagon leaker Jack Teixeira. But the Air Force’s inspector general found Teixeira alone was involved in leaking classified information (More)
  • A Texas woman said she would leave the state for an abortion procedure before the state's Supreme Court overturned a court order granting her an exception to its ban. The high court said the woman's pregnancy circumstances did not warrant an exception (More)

World News

  • Jailed Russian opposition leader Alexei Navalny is missing, his aides say. Navalny's team has not spoken to him in a week and he missed a court appearance yesterday after being removed from a penal colony (More)
  • Poland's parliament cleared the way for centrist Donald Tusk to become prime minister for a second time following a no-confidence vote against the populist Law and Justice Party. Tusk will aim to mend frayed ties with the European Union and roll back the country's shift toward illiberal policies (More)
  • Austrian officials said an alleged plot to attack a synagogue in Vienna was thwarted. European Union officials have warned of a heightened risk for terrorism during the holiday season (More)

Entertainment & Sports

  • Barbie received nine Golden Globe nominations yesterday, tied for the second-most for a film in the award show's history. Oppenheimer secured eight film nominations while Succession had nine in the television categories (More)
  • Sports Illustrated's parent company fired CEO Ross Levinsohn yesterday. The magazine has been under fire for publishing commerce articles on its website bylined by fictitious authors with AI-generated headshots (More)
  • Greece's government announced it wants to ban fans from attending top-flight soccer matches through at least mid-February. The emergency legislation comes after a riot caused by fans two weeks ago (More)

Business & Markets

  • Major indexes closed higher again yesterday, anticipating the Federal Reserve will decide to hold interest rates steady today (Dow +0.43%, Nasdaq +0.20%, S&P 500 +0.39%).
  • Macy's has received a $5.8B buyout bid from investors seeking to take the department store chain private and leverage its real estate holdings. The company's stock jumped 19.5% due to the approach, nearing the proposed $21 per share offer (More)
  • Epic Games, which makes the popular Fortnite video game, won an antitrust lawsuit against Google after arguing its app store and payment services constituted a monopoly. Epic had previously lost an antitrust suit against Apple (More)

Tips & Tricks

  • List Season: It's mid-December (or close to it), so it is time for a neverending deluge of end-of-year lists. We will do our best to sift through them all and bring you the best ones over the next few weeks. We will start with the top internet memes of 2023.
  • Tea Leaves: What exactly is Elon Musk trying to do with the website formerly known as Twitter? Here are a few theories about the eccentric billionaire's plans -- or lack thereof -- for X. 
  • Go Deep: Apple will release its Vision Pro virtual reality headset early next year, and some believe it could come as soon as January. Analysts believe the new gadget -- which will cost over $3K -- is a business risk that will likely define Tim Cook's legacy as the tech giant's CEO.
  • Long Road: It has been 15 years since Bernie Madoff's Ponzi scheme was exposed and two years since the disgraced financier died in prison. But attorneys are still dealing with the fallout of his massive fraud and fighting to claw back the estimated $17.5B he stole from clients.
  • Sneak Peek: Bravo dropped an extended trailer for the upcoming 11th season of reality show Vanderpump Rules, which will deal with the fallout of Tom Sandoval cheating on Ariana Madix and more.
  • Found Treasure: Literally. A Malaysian businesswoman lost an $800K ring at the Ritz Paris hotel and filed a police report alleging it was stolen. Hotel security recovered it two days later after sifting through the dirt inside a vacuum bag.
  • Star Buzz: Actor Kevin Costner and singer-songwriter Jewel are reportedly dating, although those close to them claim it is nothing serious at the moment. Billionaire Richard Branson, a mutual friend, set the duo up.

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Tip-Offs


Brainstorming some gift ideas for America's political leaders.

... while the Patriots' ineptitude has changed campaign season.

An Iranian man balanced a record-setting 88 spoons on his body.

Good luck getting tickets to ride this overnight train in Turkey.

UK scientists have discovered the skull of a colossal sea monster.

... and an inside look at the Royal Family's Christmas celebrations.

A China-U.S. missile launch notification program is on the table.

George Santos is discussing a plea deal with federal prosecutors.

Looking Ahead …

The NFL regular season is entering its stretch run. And with four weeks to go, it is time for fans to break out ESPN's playoff machine simulator and project how their team can get to the postseason -- or grab home field advantage -- over the final month.

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