Steve Inskeep (2:59)

Judging by their Questions in oral arguments. The Supreme Court seemed divided yesterday.

Ame Martinez (3:04)

Yeah, they went back and forth with lawyers for more than two hours about birthright citizenship. Lower courts have found it was unconstitutional for President Trump to try and erase that constitutional right by executive order.

Steve Inskeep (3:15)

NPR Legal Affair correspondent Nina Totenberg says the government advanced a different argument. Hi there, Nina.

Nina Totenberg (3:21)

Hi there, Steve.

Steve Inskeep (3:22)

So, Nina, what was the president trying to do or his lawyers, anyway?

Nina Totenberg (3:26)

The Supreme Court ruled unanimously 127 years ago that the 14th Amendment to the Constitution, which was enacted after the Civil War, says unambiguously that all babies born in the United states are automatically U.S. citizens. President Trump, however, has always had his own interpretation. So on his first day in office this year, he issued an executive executive order declaring that the children of parents who entered the US Illegally or on a temporary visa are not entitled to automatic US Citizenship. Three different district court judges ruled that the executive order violated the Constitution. In addition, they issued temporary nationwide orders, called universal injunctions, that temporarily barred the enforcement of the Trump order anywhere in the country while the case is litigated in the appeals courts. The Trump administration, claiming that the judges had exceeded their authority, then went to the Supreme Court asking it to block those nationwide injunctions.

Steve Inskeep (4:24)

Yeah, I guess the argument is that the ruling in a lower court should only apply to the case that's in front of them. And in fairness, some justices do not seem to have liked nationwide injunctions in the past.

Nina Totenberg (4:36)

Correct. But yesterday, they didn't seem so certain, especially after Trump's Solicitor General, John Sauer, reiterated the president's view that the 14th Amendment only applies to former slaves and their children. Justice Sotomayor asked whether if a new president ordered the military to confiscate all guns in the country, would the courts have to sit back and wait until every person whose gun is taken files a lawsuit? Justice Kagan then followed up, asking Sauer about Trump's birthright executive order, known as an eo.

Isabella Gomez Sarmiento (5:07)

Let's just assume you're dead wrong. How do we get to single rule of citizenship that is not the rule that we've historically applied, rather than the rule that the EO would have us do?

Nina Totenberg (5:19)

Later, when Solicitor General Sauer hedged on whether the administration is committed to abiding by any court ruling. Justice Barrett leaned forward in her chair, asking him whether the administration would abide by appeals court orders. Sauer responded this way.

Franco Ordonez (5:34)

There are circumstances when it is not a categorical practice.

Steve Inskeep (5:37)

Interesting that he is questioned there by a Trump appointee. He says, maybe we would follow appeals court orders, maybe not. How did the justices respond to that.

Nina Totenberg (5:47)

I don't think that answer went down very well. Here's Justice Kavanaugh, for instance, asking a series of practical questions.

Steve Inskeep (5:54)

What do hospitals do with a newborn? What do states do with a newborn? The federal officials will have to figure.

Nina Totenberg (6:01)

That out, replied Sauer. We just don't know. Justice Jackson then interjected, your argument seems.

Isabella Gomez Sarmiento (6:08)

To turn our justice system into a catch me if you can kind of regime where everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people's rights.

Nina Totenberg (6:21)

When Sauer suggested that litigants could bring class actions instead of individual lawsuits, lawyer Jeremy Feigenbaum, representing the state, said that would produce, quote, unprecedented chaos on the ground.

Steve Inskeep (6:34)

Nina, sometimes you can listen to the justices questions and predict how they're going to rule. Are you able to predict this time?

Nina Totenberg (6:41)

Nope.

Steve Inskeep (6:43)

We'll just have to keep listening then. NPR's Nina Totenberg, thanks so much.

Nina Totenberg (6:47)

Thank you.

Steve Inskeep (6:59)

What did the United States gain from President Trump's first state trip overseas in a second term?

Ame Martinez (7:04)

He's returning from a tour through the Persian Gulf region. He struck business deals and enjoyed royal treatment from the leaders of Saudi Arabia, Qatar and the United Arab Emirates.

Steve Inskeep (7:14)

I've been doing this for four days. I leave now and get onto a 42 year old Boeing. But new ones are coming. New ones are coming.

Ame Martinez (7:24)

And President Trump has talked about accepting a luxury Boeing aircraft from the Qatari royal family to use until a new fleet of planes is ready for Air Force One, raising concerns about ethics and security back home. He's also coming back without much to show on the biggest diplomatic challenge in the region, the war in Gaza.

Steve Inskeep (7:40)

NPR White House correspondent Franco Ordonez has been traveling with the president. Such a whirlwind trip, Franco, that would I asked you a moment ago, where are you? Took you a couple seconds to recall, which is perfectly understandable. But we're glad you're with us. From where?

Franco Ordonez (7:54)

I am in Abu Dhabi in the uae.

Steve Inskeep (7:57)

Got it. And what struck you from this trip?

Franco Ordonez (7:59)

Well, I mean, what struck me from this trip is just how dramatically the leaders pulled out all the stops for Trump. I mean, you had the fighter jets escorting Air Force One as it landed in Riyadh and later in Doha. You had the military receptions, the Arabian horses, you had the camels. And the president really seemed to love it all. But I was also struck by how little discussion there was about the crisis in Gaza, where Israel really keeps escalating its strikes and it is promising an even greater offensive once Trump leaves.

Steve Inskeep (8:31)

Well, what did the president focus on.

Franco Ordonez (8:33)

Well, he focused on business. I mean, in his first big speech on the trip, he said he was not there to lecture the region on how it should handle its affairs. But Trump ultimately could not entirely avoid the Gaza's crisis, which Hay just noted is the biggest issue affecting the region right now. And yesterday, he again suggested that the US Take over Gaza and develop the land. He was actually at a business roundtable in Doha, and he told reporters that there was nothing left to save in Gaza.

Steve Inskeep (9:02)

I think I'd be proud to have the United States have it, take it, make it a freedom zone, let some good things happen, put people in homes where they can be safe. And Hamas is going to have to be dealt with.

Franco Ordonez (9:18)

Now, Steve, it's an idea that Arab nations, including his host this week, have strongly opposed. And I'll just add that he did offer an olive branch to Syria, a diplomatic one, agreeing to lift sanctions at the request of the Saudi's crown prince.

Steve Inskeep (9:31)

Okay, so there's Gaza, there's Syria, a separate issue. And then there's the matter of the war in Ukraine, because the president said he might go to Turkey, where some of his officials are trying to negotiate an end to the war. Is he going to stop there?

Franco Ordonez (9:44)

Well, I mean, it doesn't look like it. Russian President Vladimir Putin didn't show up, and Trump said he doesn't think anything will happen until he meets with Putin directly. Trump did say this morning that they will meet as soon as a time can be set up. He mentioned actually that he may have gone today to Turkey, but he needs to get back and meet the newest member of the Trump family. His daughter Tiffany just had a baby.

Steve Inskeep (10:10)

Okay. Any other lasting takeaways for you?

Franco Ordonez (10:13)

I mean, one thing I'm really still processing is this speech that Trump gave yesterday to service members at an Air Force base outside Doha. You know, usually presidents don't get too political when they're talking to troops. But Trump gave what amounted to a, a campaign speech. I mean, he called the Biden administration evil. He said the troops were making America great again. You know, using his slogan, he walked onto the stage to his campaign music. He walked off his stage to the campaign music. So it was just very unusual for a president.

Steve Inskeep (10:43)

Franco, thanks so much for the insights and safe travels home.

Franco Ordonez (10:46)

Thanks always, Steve.

Steve Inskeep (10:47)

NPR's Franco Ordonez in Abu Dhabi. In this country, the sex trafficking trial of Sean Combs began this week.

Ame Martinez (11:03)

So far, three witnesses have taken the stand. One of them, Combs ex girlfriend Cassie Ventura, testified that their relationship was marked by violence and blackmail.

Steve Inskeep (11:11)

NPR's Isabella Gomez Sarmiento has been in the courthouse and joins us. We will be getting into allegations of physical and sexual assault in the next three and a half minutes. Isabella, good morning.

Isabella Gomez Sarmiento (11:21)

Good morning, Steve.

Steve Inskeep (11:22)

What does the prosecution case amount to?

Isabella Gomez Sarmiento (11:24)

So, basically, prosecutors are alleging that Combs forced two of his ex girlfriends into these highly orchestrated sexual performances that were fueled by drug use. They're saying he ran a criminal enterprise that not only enabled but concealed those sex crimes along with other illegal activities.

Steve Inskeep (11:39)

Well, amtioned Cassie Ventura, what have you heard from her?

Isabella Gomez Sarmiento (11:43)

She has shared a lot. She really painted a picture of pervasive control and violence over the 11 year relationship that she shared with Combs. So first she testified that Combs demanded that she participate in sexual encounters with male escorts that Combs would choreograph, watch and film. Ventura said that he would allegedly blackmail her with these videos. And then she also testified about how Combs was physically abusive towards her for years. The government showed photos of bruising and other injuries that Ventura said resulted from his beatings. So she said she loved Combs, but that he could also be scary and she just didn't feel like she could safely leave that relationship.

Steve Inskeep (12:18)

I would imagine that is a key part of any prosecution case. Not just what you did, but how you did it. Did someone feel coerced or overcome by someone's power? How does this testimony relate to the formal charges which are sex trafficking, racketeering, conspiracy and transportation for prostitution?

Isabella Gomez Sarmiento (12:36)

Yeah, I mean, so like you were saying, Ventura testified that Combs wielded a lot of power over her. That power was professional. It was financial, emotional, physical, and that he used that to coerce her into this sex that she didn't want to participate in. She also spoke a lot about how Combs requested that she hire male escorts and arrange travel for them. So that connects to those prostitution charges. And she detailed how his employees were allegedly at his beck and call to help commit and cover up these crimes.

Steve Inskeep (13:01)

What happened when Combs defense lawyers had an opportunity to cross examine her?

Isabella Gomez Sarmiento (13:06)

So, I mean, off the bat, earlier this week, the defense admitted that Combs has been violent, but they say he didn't coerce or traffic anyone. So when they began cross examining Ventura, they relied heavily on text message evidence. They had her read out loud these loving, caring texts she exchanged with Combs over the years. The defense is really trying to establish grounds for consent. So they also had her retext in which she was agreeing to or at least planning logistics for those sexual performances. Basically, they're trying to suggest she was doing all of this willingly and if she wanted to, she could have walked away.

Steve Inskeep (13:35)

Can I just ask, this trial obviously is a focus of lots of attention. It's a huge media event and you're covering it day by day. What's it like to be there?

Isabella Gomez Sarmiento (13:43)

Yeah, I mean, there have been these huge crowds outside the building in Lower Manhattan, and that includes everyone from journalists to influencers, podcasters, even just curious members of the public who want to see what this is all about. Some people are camping out overnight to hold their spot in line or paying someone else to hold their spot in line for them. And whenever court adjourns, there tends to be a frenzy of people running outside making tiktoks, even chasing down family members as they leave. So it's been a really, really busy scene this first week.

Steve Inskeep (14:11)

Isabella, thanks for the update. Really appreciate it.

Isabella Gomez Sarmiento (14:13)

Thank you, Steve.

Steve Inskeep (14:14)

That's NPR's Isabella Gomez Sarmiento. And that's Up first for this Friday, Friday, May 16th. I'm Steve Inskeep and Ame Martinez.

Ame Martinez (14:26)

Don't forget, Up first airs on the weekend, too. Ayesha Rascoe and Scott Simon have all the news you can find it wherever you find podcasts.

Steve Inskeep (14:33)

Today's up first was edited by Krishnadev Kalimer, Jacob Ganz, Roberta Rampton, Ali Schweitzer and Alice Wolfley. It was produced by Anna Pettis, Nia Dumas and Christopher Thomas. We get engineering support from Nisha Hyness. Our technical director is Carly Strange and our executive producer is Jay Shaylor. Join us Monday.

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