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Michigan Assigned Claims Plan: What You Need To Know

Michigan Assigned Claims Plan: What You Need To Know

The Michigan Assigned Claims Plan is a state agency that provides No-Fault PIP benefits coverage to car accident victims who do not otherwise have coverage. The MACP assigns car insurance companies to handle claims for uninsured victims. Medical benefits coverage is capped at $250,000.

The No-Fault PIP benefits that are provided by the MACP include:

  • Medical Expenses
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What is the Michigan Assigned Claims Plan?

The state of Michigan provides a safety net of insurance coverage for No-Fault personal protection insurance benefits in situations where a person is involved in a car accident, but there is no insurance company available to provide No-Fault benefits.

This safety net is called the “Michigan Assigned Claims Plan” (MACP). It is administered by the Michigan Automobile Insurance Placement Facility (MAIPF).  The Michigan Automotile Insurance Placement Facility is considered the insurance company of last resort.

Among its duties, the Michigan Automobile Insurance Placement Facility (MAIPF) creates the procedures for ensuring that Michigan No-Fault benefits are provided to uninsured auto accident victims.

How do I apply for No-Fault benefits through the Michigan Assigned Claims Plan?

In order to claim benefits from the MACP/MAIPF, an injured person must complete the MACP’s application for No-Fault benefits form and “provide reasonable proof of loss . . .” (MCL 500.3172(3))

Click here to see the No-Fault application for the Michigan Assigned Claims Plan.

Because of the importance of the application and the pressing need for accuracy and completeness, it is advised that a car accident victim consult with an experienced car accident lawyer to review his or her application before filing it.

Within sixty (60) days of receiving an application for No-Fault benefits, the MACP/MAIPF or an auto insurance company assigned to handle the claim “shall specify in writing the materials” that a person claiming benefits must provide to demonstrate “a reasonable proof of loss.” (MCL 500.3172(3))

How long do I have to file a claim with the Michigan Assigned Claims Plan?

Importantly, a car accident victim must file his or her claim for No-Fault benefits with the MACP “within 1 year after the date of the accident.” (MCL 500.3174)

Will the Michigan Assigned Claims Plan cover my medical bills?

Car accident victims’ medical bills will be paid as part of the No-Fault medical coverage provided by the auto insurance company that has been assigned by the MACP to handle the victim’s claim.

However, car accident victims’ No-Fault medical coverage through the MACP will be capped at $250,000. (MCL 500.3172(7)(a))

For accident-related medical bills that exceed that amount, the victim will have to seek other sources of medical coverage such as private health insurance or Medicaid or Medicare. Alternatively, the car accident may also be able to sue the at-fault driver who caused the auto accident for “excess” medical benefits.

Can the MACP cut off my No-Fault benefits?

The Michigan Assigned Claims Plan can deny a claim for No-Fault benefits if it determines that a car accident victim is not eligible. (MCL 500.3173a(1))

Additionally, the MACP can “suspend benefits” to a car accident victim if he or she “fails to cooperate” with the Michigan Automobile Insurance Placement Facility, which is the entity that administers the MACP. (MCL 500.3173a(1))

Who does the MACP help?

The Michigan Assigned Claims Plan helps car accident victims who don’t have No-Fault auto insurance of their own and are not otherwise covered by a No-Fault insurance policy – such as through an insurance company of higher priority and/or a policy in which a spouse or resident relative is a named insured.

This includes not only vehicle passengers, but also pedestrians, bicyclists and motorcyclists.

In those situations, the MACP will “assign” a Michigan auto insurance company to pay for and provide No-Fault benefits to the “uninsured” person.

Importantly, the MACP (and, thus, the Michigan Automobile Insurance Placement Facility) does not apply to nor does it help provide No-Fault PIP benefits to a car accident victim who was driving his or her own “uninsured” vehicle.

What types of cases does the Michigan Assigned Claims Plan get involved in?

One example of when the MACP gets involved to provide No-Fault benefits is when a pedestrian who does not own a car or have auto insurance and who lives alone is struck by a hit-and-run driver or a driver who is uninsured. Here, there is no PIP coverage that applies, as the injured pedestrian does not own a car or have auto insurance and does not live with a resident relative who has auto insurance.

Therefore, the injured pedestrian would submit an application for No-Fault benefits to the Michigan Automobile Insurance Placement Facility (MAIPF), which will assign the injured pedestrian’s claim to a No-Fault insurer for payment of PIP benefits.

Another example of when the MACP/MAIPF gets involved is when disputes arise between auto insurance companies as to which one is the highest priority and, thus, is obligated to pay No-Fault benefits on a car accident victim’s claim. The MACP/MAIPF will serve as a “mediator” of sorts in these priority disputes among insurers. While the dispute is being resolved, the victim can file a claim for No-Fault benefits with the MACP and receive immediate No-Fault coverage.

Eventually, the plan and the assigned insurer will be reimbursed by the auto insurance company that is, ultimately, determined to be liable for the No-Fault claim. Importantly, those making a claim must still provide proper notice to the Michigan Automobile Insurance Placement Facility (MAIPF) and make timely submissions of proof of incurred benefits.

Injured and need a lawyer? Call Michigan Auto Law

If you have been injured in a car accident and you have questions about your legal rights to Michigan PIP benefits, you can call toll free anytime 24/7 at (800) 968-1001 for a free consultation with one of our experienced auto accident attorneys. You can also get help from an experienced accident attorney by visiting our contact page or you can use the chat feature on our website.

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How Much Is Your Michigan Auto Accident Case Worth?

Michigan Auto Law is the leading and largest law firm in Michigan exclusively handling auto accident cases for more than 50 years. By answering a few simple questions we can help you determine how much your accident case could be worth.

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Michigan Workers' Compensation Rates

Don't settle for cookie-cutter rates. we shop coverage., michigan workers' compensation rates may decrease in 2023..

Michigan is a unique state because the state allows insurance companies to set their own rates for each workers' compensation class code. Most other states set the rates and allow adjustments via underwriting credits and debits. Michigan has allowed this open competition system since 1983 and it has proven to work well.

Average workers compensation rates in Michigan are about 22% below the median rates for the United States. This means that employers in Michigan are paying less premium for the same class codes as employers in 37 other states.

The downside of Michigan's competitive rating system is that rates can vary significantly between insurance companies. Employers are advised to shop multiple carriers to help ensure they are getting a good deal on their policy.

Don't pay too much for your workers' comp coverage. Our agents will find your best deal. Our technology tracks carrier rates by state and compares their pricing in real-time. Find out how knowledegeable agents, better advice and more options lead to lower rates and a better price.

Pay As You Go Workers Compensation Insurance Options.

Ask about our Pay As You Go plans designed to improve cashflow and bullet-proof your audits.

Workers Comp Rates are an Art & Science

What influences my workers comp insurance cost?

Your State & Class Codes

Insurance companies file their "base manual rates" for approval with each state for all class codes. Rate recommendations are generally made to the state and carriers annually by the National Council on Compensation Insurance.

Your Claims or Losses

Employee claims are reported to NCCI and statistically compared with all other similar type businesses using the same class code in each state. An Experience Modification Rate may apply to your business after a few years of coverage.

Prior Experience & Coverage

Insurance company underwriters are permitted to make premium rate adjustments based on unique factors about your business, safety practices, and management experience in most states.

Policy Credits and Debits

Insurance companies may apply policy credits and debits to the base manual rates. Additional discounts can be applied to premium as the total payroll & premium increases.

Smart Agents with expertise in workers' compensation insurance utilize this information to negotiate your insurance rates with underwriters. A good narrative about your business helps insurance companies justify a better price.

Michigan Rates for Select Work Comp Class Codes

Rates for State Class Codes. Select Codes Listed:

Michigan is not an NCCI state. All rates are administered by the Compensation Advisory Organization of Michigan (CAOM). The workers' compensation rates listed below for Michigan represent current insurance rates found for 2023. Private insurance companies are permitted to offer policy discounts and underwriting credits on coverage. We offer Pay As You Go workers' comp in Michigan. Not all employers will qualify for the lowest rates available or maximum policy credits.

Workers comp rates vary by industry classification codes and insurance company underwriting standards in Michigan. Employers' who have an Experience Modification Rate (E-mod) assigned to their company may have additional credits or debits applied to their insurance rates based on prior premiums and workers' compensation loss experience. There is a competitive State Fund in Michigan: The Michigan Workers' Compensation Placement Facility. Get free insurance quotes or get help find multi-state workers compensation.

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State Resources for Michigan

Michigan Workers' Compensation Agency

State Secondary Complex General Office Building 7150 Harris Drive, 1st Floor Dimondale, Michigan 48821 888-396-5041 MI Workers' Compensation Agency

Compensation Advisory Organization of Michigan

17197 N Laurel Park Dr., Suite 311 Livonia, MI 48152 phone Compensation Advisory Organization of Michigan

Michigan is not under the Jurisdiction of the National Council for Compensation Insurance (NCCI). The state has its own rating bureau managed by the Compensation Advisory Organization of Michigan (CAOM).

Our agency can help employers find more affordable workers' compensation insurance than the guaranteed state fund workers' comp in MI. If we can't find more affordable coverage with a private insurance company, we can help you buy a state fund policy through the Michigan Workers' Compensation Placement Facility.

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Sterling Heights budget plan includes resurfacing 14 Mile, new fire staff

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The city of Sterling Heights is expected to approve a $252 million budget for the upcoming fiscal year that includes upgrades to 14 Mile and 18 Mile roads, adding a risk-reduction officer in fire prevention, and increasing water and sewer rates by 5.9%.

The Sterling Heights City Council is scheduled to vote on the budget at its 7 p.m. meeting Tuesday for the fiscal year that begins July 1.

Under the proposed budget, Sterling Heights would add two employees in the fire prevention division of the Fire Department. One is a community risk-reduction officer, who will look at "new and improved ways to inspect buildings," said City Manager Mark Vanderpool. The other position is a mobile integrated EMS health coordinator, who will help reduce the number of low acuity ambulance runs in the city.

The city is also planning over $22 million in road work in the upcoming fiscal year, including the $10 million revitalization of Clinton River Road. The city is planning to reconstruct the road between Hayes Road and Canal Road, close sidewalk gaps and add bike lanes or a non-motorized path. Jennifer Varney, the city's chief financial officer, said the initial work on the project, like environmental studies, will occur in the next fiscal year, but construction might not start until summer 2025.

The budget includes resurfacing 14 Mile from Van Dyke to Maple Lane, 18 Mile from Utica Road to the Plumbrook Drain and 17 Mile from Mound to Van Dyke.

Sterling Heights council members haven't made any amendments during the budget process. Councilwoman Barbara Ziarko said the council can change the budget at any time during the fiscal year, though.

"This is just making sure that the majority of us approve of what's there and we have a roadmap to where we're going," Ziarko said of the impending budget approval.

New employees for fire prevention

The budget includes hiring a community risk-reduction officer, who would develop new ideas for fire inspection processes. For example, the city's Building Department conducted virtual inspections during the COVID-19 pandemic, so something similar could be done for fire inspections, the city manager said.

"The risk reduction officer is gonna identify more of these types of ideas," Vanderpool said, "so that we can be more productive in our fire inspections, be able to do more of them and continue to keep our community very safe."

A mobile integrated EMS health coordinator would also be added to the fire prevention division. Vanderpool said EMS personnel across the country are "overloaded" with a growing number of EMS runs. He said this is due in large part because people call 911 "for any ailment."

"And the vast majority of those 911 calls are low-acuity calls," Vanderpool said. "They don't require a 911 EMS life-threatening response."

Vanderpool said the mobile integrated EMS health coordinator would conduct outreach and work with "habitual callers." The coordinator would educate these residents about alternatives to 911. The position also involves working with senior living facilities.

Ziarko said the city has residents who are "regulars" when it comes to 911 calls.

"How do we help them cope with their needs?" she said, adding that the city could suggest to them how to make their home safer.

Water and sewer rate increase

The FY 2024-25 budget includes a proposed combined 5.9% hike to the water and sewer rates. Varney said the Great Lakes Water Authority, which supplies the city's water, and Macomb County, which treats the city's sewage, are increasing their rates.

She said Sterling Heights' average water use has been decreasing, but the city still has to maintain the system and pay workers, so the city has to charge higher rates to ensure it has enough money coming in.

Ziarko said that when utility providers give the city a rate increase, the city has had a history of not passing it on to residents.

"In this case, it's necessary in order to balance our budget," she said.

Other budget highlights

The city's fund balance is "in a really good position," said Varney, the city's chief financial officer. The general fund balance will rise to about $38.4 million in fiscal year 2024-25, according to the city's budget document.

"I think we're well-positioned in case there's any unexpected financial turmoil," she said.

The city will have a millage rate of 16.5938 mills, a slight increase over the current rate of 16.3800 mills, due to an increase in the refuse collection millage rate. Last year, the City Council approved a new refuse collection contract, which went into effect last Wednesday, Varney said. The contract includes inflationary increases and additional services, including universal curbside recycling and automated cart collection, she said.

Varney said that under the old contract, residents had the option of paying $57 a year to the waste company for a curbside recycling subscription. Under the contract with the new company, recycling is universal. So the residents who were previously paying for a subscription will see a slight decrease in how much they're paying for waste services.

"Obviously by ... everyone having curbside recycling, we hope that recycling in the community increases exponentially," she said.

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Serge Schmemann

Serge Schmemann

Editorial Board Member

Silencing Independent Voices Is Not the Way to Join the West

In Tbilisi, Georgia, the country’s parliament passed a “foreign agent” bill on Tuesday that, according to the ruling Georgian Dream party, will increase transparency on foreign funding of nongovernmental groups and media outlets.

But the thousands of Georgians who have been demonstrating in the streets since the measure was first introduced don’t agree with that description. Nor does the Biden administration, nor the European Union. They see the bill for what it is: a repressive measure intended to silence independent NGOs and media and move Georgia closer to the Kremlin’s orbit.

The law is modeled on one Russia enacted in 2012, which the Kremlin has used to smear or silence anyone challenging the government. The Georgian variant — widely known as the “Russian law” — would require organizations getting more than a fifth of their funding from abroad to register as “bearing the interests of a foreign power” or face stiff fines. The law was first introduced last year and withdrawn under heavy protest; this year the protests failed to dissuade the ruling party. Georgia’s largely ceremonial president, Salome Zourabichvili, says she will veto it, but Georgian Dream has enough votes to override her.

Why is the ruling party doing this?

One reason is the national elections set for October: Tamping down the opposition and the independent press will help Georgian Dream stay in power, which it’s held since 2012. The party has demonstrated distinctly authoritarian ambitions.

The more worrisome possibility is that Georgian Dream, the creation of the richest man in Georgia, Bidzina Ivanishvili, wants to get on the right side of Russia. Ivanishvili, who was prime minister from 2012 to 2013 and still wields considerable power behind the scenes, initially took a robust anti-Moscow stance, but that has been changing, especially since Russia invaded Ukraine.

The ruling party maintains that it is still keen on joining the European Union, which formally granted Georgia candidate status in December. The party has little choice, given that the overwhelming majority of Georgians are in favor of moving westward. But the party’s actions and words have pointed the other way, either out of fear of Russia — not irrational, given that Russia invaded Georgia in 2008 — or for gain, or to keep the party in power.

The United States and the European Union have made no secret of their alarm and annoyance. A State Department statement condemned the “foreign influence” legislation, warning that the law and Georgian Dream’s anti-Western rhetoric “put Georgia on a precarious trajectory.” A U.S. official warned that Washington may slap some financial and travel restrictions on some Georgian officials. It may not be too late.

Paul Krugman

Paul Krugman

Opinion Columnist

Is Disinflation Back on Track?

The latest news on inflation has been pretty good. It has also been extremely weird. And that weirdness is, in a way, the message.

With underlying inflation fairly low but probably still above the Fed’s 2 percent target and people still worried that it might go back up, quirky measurement issues can lead to big mood swings that are quickly reversed when the next numbers come in — or sometimes even a few hours after the initial announcement, once knowledgeable people have had some time to dig into the details.

There were two big official inflation reports in the past couple of days: the Producer Price Index (what we used to call wholesale prices) on Tuesday and the Consumer Price Index on Wednesday morning . There was also a private survey from the National Federation of Independent Business that may add some clarity.

So what do I mean by “weirdness”? On Tuesday I was busy most of the day with plumbers and dentists, so I was able to check in on events and commentary only once in a while. But this enforced limitation on the information flow might actually have given me more perspective. The first thing I saw was a hot P.P.I., with inflation coming in well above expectations. There was much wailing and rending of garments. Then, as the analysts I follow had time to parse the details, they started to declare that this was actually a good report.

Financial markets seemed to agree. One quick and dirty way to judge how markets view inflation data is to look at the yield on two-year U.S. Treasuries, which largely reflects what people think the Fed is going to do. If inflation looks hot, they expect the Fed to keep rates high and maybe even increase them; if it looks cool, they expect the opposite.

And if you look at two-year yields over the past few days, you see the market reaction matching my sense of the commentary:

Yields spiked when the P.P.I. report was released, then fell back once there was time to dig into the numbers, ending the day lower than they started.

On the other hand, markets from the get-go liked the C.P.I., which seemed to show inflation resuming its downward trend, with yields falling sharply. But as I write, analysts are still digging into the details. Will they be less optimistic by evening? Probably not: Early commentary seems, if anything, to be saying that the numbers were even better than they first appeared. But after yesterday, I’m going to wait and see.

I also mentioned the survey from the N.F.I.B., which represents small and medium businesses. One question it asks is whether businesses are planning to raise or lower prices over the next three months; the percentage difference from current numbers is often a useful indicator of inflation trends. And that spread is currently close to what it was before the pandemic, although slightly higher:

So my best guess? The acceleration in measured inflation over the past few months was probably a statistical illusion; inflation wasn’t as low as it seemed in late 2023 but probably hasn’t risen much, if at all. Underlying annual inflation is probably around 2.5 percent, maybe even less. So my guess is that we’ve already won this war — that we have basically achieved a soft landing, with low unemployment and acceptably low inflation.

But I could be wrong, and even if I’m right, it’s going to take at least a few more months of good inflation news before this happy reality sinks in.

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Frank Bruni

Frank Bruni

Contributing Opinion Writer

Biden’s Daring Debate Proposal Could Recharge His Campaign

I’ve been waiting and hoping — no, I’ve been desperate — for President Biden to do two things. One, boldly project strength. Two, recognize that he cannot coast to re-election and that he needs to shake up the state of the presidential race.

With his offer on Wednesday to debate Donald Trump at least twice before the election and as early as next month, he has done just that.

The Biden campaign’s proposal came with the condition that the debates be in a television studio and there be no audience present to hoot, holler and otherwise interrupt. Trump subsequently indicated that he was onboard, though it wasn’t clear if he would agree to Biden’s terms.

By emphasizing debates and suggesting that they start soon, Biden is taking a risk. But it’s a necessary one. Trump and his supporters lean hard on the charge that Biden is too rickety — in terms of both energy and intellect — to face off against Trump, and they have sold that idea skillfully and mercilessly, with the help of right-wing news organizations that portray Biden as a doddering wreck. It’s selective and often malicious stuff, but that doesn’t mean that Biden can ignore it. He must refute it. Signaling an eagerness to debate is the crucial first step.

The next one is performing well in those debates, should they happen, and that’s where the risk comes in. Some Democrats who’ve spent time with Biden over the past year privately express concerns about his sharpness and stamina, and a debate is less scripted — and arguably more draining — than a State of the Union speech read from a teleprompter. But a reluctance or refusal to debate could be as damaging to Biden as half a dozen terrible moments at the lectern.

Besides which, Trump could have scores of such moments, to go by his bizarro stump speeches of late. That’s where the rewards that Biden could reap come in. Do I think that he will turn in debate performances for the ages? No. Do I think that Trump will have a harder time insisting on Biden’s wobbliness if he has demonstrated his own profound unsteadiness on the same stage where Biden is standing, with plenty of swing voters watching? Yes.

I also think that it’s past time for Biden to pivot from caution to daring. Maybe that pivot is finally here.

Putin’s Defense Shake-Up Is a Danger for Ukraine

With Vladimir Putin’s revival of Soviet-style centralized and secretive rule, the old art of Kremlinology is making a comeback. It’s not quite the same as when the lineup atop Lenin’s mausoleum on May Day was scrutinized for signs of who was on the way up or down, but Putin’s abrupt replacement of the long-serving Sergei Shoigu as defense minister last Sunday was still a distinct blast from that dismal past.

Technically, Shoigu was kicked upstairs, to head up the national security council. Putin is not given to publicly punishing loyal courtiers, and Shoigu was about as loyal as they come, even going fishing and hunting with the boss. Still, Kremlin-watchers have long expected his ouster, given the sloppiness of the Russian invasion of Ukraine, the widespread corruption in the military-industrial complex, and Shoigu’s reported unpopularity with the generals. There was also the dramatic rebellion of the mercenary commander Yevgeny Prigozhin, who marched on Moscow last June demanding Shoigu’s head (only to lose his own in a plane crash broadly presumed to have been an assassination).

So, very briefly, here are the questions and speculation now keeping Kremlinologists busy:

Shoigu’s replacement at the Defense Ministry is Andrei Belousov, a senior Kremlin economist. That he is not a military man is not surprising; neither was Shoigu, a former construction foreman, nor his two predecessors. Military matters are handled by the generals of the General Staff; the defense minister looks after the military-industrial base. The thinking is that Belousov’s task will be to manage the rapid growth in Russia’s military spending and to clean up the corruption that is siphoning off huge amounts of the money earmarked for the Ukraine war.

How long Shoigu will be allowed to survive remains an open question. One of his top deputies, Timur Ivanov, was arrested on bribery charges in April. One of Ivanov’s nicknames was “Shoigu’s wallet.” And on Tuesday morning, government investigators announced that a senior general on the General Staff, Lt. Gen. Yuri Kuznetsov, had been detained on suspicion of “large-scale” bribe-taking.

A big question is what happens to Nikolai Patrushev, who is being displaced by Shoigu at the helm of the Russian security council. Patrushev, like Putin a former K.G.B. official, is among the oldest and closest members of Putin’s ruling clique, and among the most hawkish. Where he lands — or fails to land — will say a lot about where Putin is headed.

On balance, the musical chairs point to a major overhaul of the military as Russia moves toward what is basically a war economy. Russia is making incremental but steady advances in Ukraine, albeit at an astounding cost in casualties and armaments. Putin’s plan is to press on at any cost, squeezing Ukraine and its ever more reluctant Western backers, and keeping China on board as a major supplier. None of that bodes well for Ukraine.

Jonathan Alter

Jonathan Alter

Where’s the Devastating Takedown of Michael Cohen That Trump Needs?

For months, we’ve known that the cross-examination of Michael Cohen would be the decisive moment of Donald Trump’s New York felony trial — the day we learned whether his defense team could plant reasonable doubt in the minds of jurors.

On Tuesday it became clear that the team was struggling with its most important task.

Todd Blanche, Trump’s lead defense lawyer, was like a baseball pitcher assigned to start Game 7 of the World Series after only two or three wins in his major-league career. Though a seasoned former federal prosecutor, he has little experience as a defense attorney — and it showed.

We’re only about a third of the way through Blanche’s cross, but so far, he’s too meandering and pleasant for the sharp-toned, rat-a-tat style necessary for the role.

Blanche spent more than an hour showing that Cohen, like Stormy Daniels last week, despises Trump, and this line of inquiry was entertaining if not informative. When he quoted Cohen calling Trump a “boorish cartoon misogynist,” Cohen wielded the same mild and effective rejoinder he used twice earlier: “Sounds like something I would say.” My kids would like to see me in that T-shirt.

Blanche spent a long time depicting Cohen as a publicity hound cashing in on his decision to flip on Trump. Guilty as charged. But Cohen’s unwise decision to make sport of Trump in an orange jumpsuit (and worse) earlier in the trial, while angering both the prosecution and defense, doesn’t relate to the falsification of business records at issue in the case. And Cohen made it clear that he was merely responding in kind to Trump’s childish posts, a few of which jurors have seen more than once. All told, an annoying waste of the jury’s time.

Blanche had trouble finding a rhythm. For instance, he asked Cohen if he had appeared on MSNBC shows anchored by Ali Velshi and Joy Reid. When Cohen said yes, Blanche had no follow-up.

But his real problem is that he has so little to work with. Cohen delivered devastating direct testimony all day Monday and again Tuesday morning, and he has been careful and low-key on cross.

Instead of attacking the prosecution’s case head-on, Blanche has been handcuffed by a client nursing a perverse desire to see Cohen’s insults — and his own — aired in open court.

At around 4 p.m. Tuesday, shortly before court adjourned for the day, Blanche began delving into why other prosecutors have passed on this case. That could be promising for him. But after all the runs the prosecution has already scored, he’ll have to strike Cohen out with the bases loaded to get back into the game.

Michelle Goldberg

Michelle Goldberg

Top Republicans Come Face to Face With Trump’s Seamy Past

On a day when Michael Cohen, Donald Trump’s former fixer, testified about the price of loyalty to Trump, a group of Republicans, including House Speaker Mike Johnson, Gov. Doug Burgum of North Dakota and Vivek Ramaswamy, a former presidential candidate, showed up at the courthouse to demonstrate their loyalty to Trump.

Sitting in the courtroom on Tuesday on my first day at the trial, I kept wondering what they were thinking as they heard Cohen, seeming every bit the weary, reluctantly reformed TV gangster, testify about his mafia-like interactions with Trumpworld.

He described how, after his home and office were raided by the F.B.I., Trump encouraged him, both through a “really sketchy” lawyer and through his own Twitter posts, to, in Cohen’s words, “Stay in the fold, stay loyal, don’t flip.” He described how once he decided “not to lie for President Trump any longer,” the then-president publicly attacked him.

Cohen now seems like a man whose life has been essentially wrecked — he went to prison, lost his law license, had to sell his New York and Chicago taxi medallions and is still on supervised release. Though his implosion has been particularly severe, he is far from alone; many people who’ve served Trump, no matter how faithfully, have been ruined in various ways by the experience.

Nevertheless, as Trump runs for re-election, Republicans are climbing over one another to get as close to him as possible. Toward the end of his testimony for the prosecution, Cohen was asked about his regrets.

“To keep the loyalty and to do things that he had asked me to do, I violated my moral compass, and I suffered the penalty,” he said. I’d like to know if Johnson, hearing this, had even a flicker of foreboding.

Mara Gay

The Increase in Drowning Deaths Should Be a National Priority

Drowning deaths in the United States rose by more than 12 percent to an estimated 4,500 per year during the pandemic, according to grim new data from the Centers for Disease Control and Prevention. The increase, from 4,000 per year in 2019, comes as this long-neglected public health crisis is slowly beginning to draw some attention from government policymakers.

“It’s moving in the wrong direction,” the C.D.C. director, Dr. Mandy Cohen, told The Times. The agency said more than half of Americans had never taken a swimming lesson.

The sobering data is an opportunity for President Biden and health officials to finally make drowning prevention a national priority.

Drowning is the leading cause of death for children ages 1 to 4 in the United States and the second leading cause of death by accidental injury for children 5 to 14. Tackling the issue has clear bipartisan appeal and would improve quality of life in every American community.

Despite the obvious need for action, federal, state and local governments in the United States have invested very little to prevent these deaths.

The rise in deaths has caught the eye of former New York City Mayor Michael Bloomberg, whose philanthropy told The Times this week it plans for the first time to direct millions of dollars to drowning prevention efforts within the United States to improve data collection and help fund swimming lessons in 10 states where drowning rates are highest: Alaska, Arizona, California, Florida, Georgia, Louisiana, Michigan, New York, Oklahoma and Texas.

The planned $17.6 million investment by Bloomberg Philanthropies is modest compared with the $104 million it is spending globally on preventing drownings. But the focus by Bloomberg, whose prominent public health campaigns helped ban smoking in bars and restaurants in New York, could help raise the profile of this issue. Executives at the philanthropy said they planned to work with the C.D.C.

Many Americans of even wealthy backgrounds have lost children to drowning. But drowning is also an issue of equity. Black people and Native Americans are at substantially increased risk of drowning. So are teenage boys. The C.D.C. report found that these trends have continued. In 2020, they said, Black Americans saw the greatest increase in fatal drownings.

Red Cross surveys suggest that a majority of Americans lack basic swimming abilities. With C.D.C. data showing the existence of more than 10 million private pools in the United States and fewer than 309,000 public ones, it’s clear that large numbers of Americans lack access to basic information about water safety, as well as safe places to learn to swim. Instead of a public health issue, drowning is treated as a private matter and swimming as a luxury. To save lives, this needs to change.

David Brooks

David Brooks

Why Trump Is Ahead in So Many Swing States

What do American voters want? The latest New York Times/Siena polls of swing states offer some confusing evidence on this point. Some of the polling results suggest that Americans are in a revolutionary frame of mind: Asked whether the political and economic systems need major changes, 69 percent of respondents said those systems need major changes or should be entirely torn down.

On the other hand, when the pollsters gave voters a choice between a candidate who would bring the country back to normal and one who would bring major changes, 51 percent said they would prefer the back-to-normal candidate and only 40 percent would prefer the major-changes candidate.

So which is it? Is 2024 a change election in which people want someone who will shake things up, or is this a stability election in which people are going to vote for the candidate of order over the candidate of chaos?

Well, different voters want different things. But if I had to write a single sentence that reconciled these diverse findings, it would be this: The people who run America’s systems have led the country seriously astray; we need a president who will shake things up and lead the country back to normal.

When they hear “systems,” I assume voters are thinking of the network of institutions run by America’s elite — corporations, governing agencies, higher education, the news media and so on. If voters believe one thing about Donald Trump it’s that he’s against these systems and these systems are against him.

Voters clearly see President Biden implicated in these systems. The heart of his problem heaves into view when people are asked which candidate will bring about change. Seventy percent of voters said that Trump would bring about major changes or tear down the system entirely if elected. And 71 percent of voters said that little or nothing would change if Biden was re-elected.

In other words, the evidence suggests that the swing voter wants reactionary change, not revolutionary change. The mood suggested by the evidence is angry nostalgia. That would be my explanation for why Trump is so convincingly ahead in most of the swing states.

Trump Told Cohen Disclosure of His Fling Would Be a ‘Total Disaster’

When Michael Cohen took the stand for the first time in Donald Trump’s hush-money trial on Monday morning, he almost accidentally sat down without taking the oath. But after he raised his hand and swore to tell the truth, he seemed to do so.

In dry language, with his impulse-control problems nowhere in sight, he landed blow after blow on the former president.

Cohen, Trump’s former lawyer and fixer, is willing to look like a stooge — pathetically eager for any praise from the boss — to implant in jurors’ minds that even in the absence of incriminating emails, he should be believed because of all the time he spent looking for Brownie points from Trump. When he did so, he was implicating Trump.

Cohen’s testimony about the Playboy model Karen McDougal, who says she had a nine-month affair with Trump, is important beyond Trump describing her to Cohen as “beautiful.” It cemented Trump’s attention to detail, which we’ve heard a lot about already. He constantly asked for updates on the hush money that American Media Inc., publisher of The National Enquirer, was paying at his direction to McDougal, replying, “Great!” or “Fantastic,” when Cohen delivered them.

Cohen’s tape of Trump discussing that deal landed hard when it was played, and not just because it was Trump’s voice talking about “150” — a clear reference to the $150,000 in hush money that Trump — through Cohen and A.M.I. — was originally going to pay McDougal. Trump’s micromanaging, which we’ve heard about for two weeks, came to life in a way that didn’t help him. And when Cohen dissected practically every moment of the call, there was no mistaking the meaning of the brief conversation.

When Cohen told Trump that Stormy Daniels was shopping her story, “Trump was really angry with me,” he said. Trump told Cohen: “‘I thought you had this under control, I thought you took care of this! … Just take care of it!’”

According to Cohen, Trump thought he would surely lose the 2016 election if the Daniels story came out. He testified that Trump said, “This is a disaster, a total disaster. Women will hate me,” and added that “guys, they think it’s cool” to have sex with a porn star, “but this is going to be a disaster for the campaign.” In combination with the fallout from the “Access Hollywood” tapes, they agreed, it would send his already low polling with women into a tailspin.

“Get control of it!” Trump barked, Cohen testified. “Just get past the election. If I win, it’ll have no relevance when I’m president. And if I lose, I don’t really care.”

Here the prosecutor, Susan Hoffinger, asked if Cohen inquired about Melania Trump. He said yes, and said Trump responded: “Don’t worry. How long do you think I’ll be on the market for? Not long.”

Wow. With Trump, every time you think he’s touched bottom, he crashes through the floor. Here he was already looking ahead to his third divorce.

Cohen is doing very well on direct examination. The test will come Tuesday afternoon, when cross-examination is likely to begin.

Farah Stockman

Farah Stockman

Israel Needs to Allow More Aid Crossings to Keep Gazans Alive

An already unbearable situation in Gaza is getting far worse, as hundreds of thousands of desperate Palestinian families flee an Israeli ground operation in Rafah, in southern Gaza. Aid groups say the so-called humanitarian zone near the sea, where people are being told to move, doesn’t have enough shelter, food, water or sanitation to support the people who are already there. Without a significant infusion of new aid, this place is at risk of total famine and social chaos.

One glimmer of good news came on Sunday, when Israel opened the Western Erez crossing in northern Gaza. But virtually no aid has got through to southern Gaza for nearly a week, aid groups say. The reality is that the Gaza Strip needs many, many more crossings.

“If you have only one entry point in, then it becomes extremely valuable, and every adverse actor can disrupt it for their own gain,” Dave Harden, a former U.S.A.I.D. mission director in the West Bank and Gaza, told me.

If there were a dozen access points, spread across every two or three kilometers, then no single crossing would become a choke point, vulnerable to attack. He said there’s no reason that Israel, which controls the security envelope around Gaza, could not open far more checkpoints.

“People complain that Hamas is stealing aid, but there would be no incentive to steal if there was enough food going in,” said Harden, adding that he shared a plan to open more than half a dozen more border crossings in Gaza with a branch of the Israeli military about six weeks ago.

But since then, the opposite has occurred. The main artery for humanitarian aid, Kerem Shalom, was shut down on May 5 after a Hamas rocket attack killed four Israeli soldiers. Then Israel seized the border crossing at Rafah , gaining full control over the vital entry and exit point for people and goods for the first time since 2005. Israeli officials have blamed Egypt for the halt in humanitarian goods through Rafah since last week. But for months aid groups have cited the onerous inspections of aid convoys, Israeli attacks on aid workers and protests by right-wing Israeli settlers who have destroyed or delayed truckloads of aid as the cause of famine in Gaza.

“The situation is absolutely desperate,” Sean Carroll, who leads Anera, an American aid organization that has operated in Gaza for decades, wrote in an email on Monday. His staff members have been forced to evacuate Rafah at a moment’s notice, just like the rest of the population, and were forced to leave vital supplies in a warehouse behind.

“They are trying to keep delivering but there’s not much to deliver,” he told me.

Believe It, Democrats. Biden Could Lose.

Donald Trump may be the presidential candidate whose midday snoozing has generated headlines and animated late-night comics, but President Biden is the one who needs to wake up.

He’s a whopping 12 points behind Trump among registered voters in Nevada, according to polls by The New York Times, Siena College and The Philadelphia Inquirer that were released on Monday morning. Biden won that state by nearly 2.5 points in 2020. He’s behind among registered voters in Arizona, Pennsylvania, Georgia, Michigan — in all of the six battleground states surveyed except Wisconsin. That’s not some wildly aberrant result. It echoes alarms sounded before. It speaks to stubborn troubles.

And it’s difficult for Democrats to believe. I know: I talk regularly with party leaders and party strategists and I’ve heard their incredulity. They mention abortion and how that should help Biden mightily. They mention the miserable optics of a certain Manhattan courtroom and a certain slouched defendant. They mention Jan. 6, 2021. They note Trump’s unhinged rants and autocratic musings and they say that surely, when the moment of decision arrives, a crucial share of Americans will note all of that, too, and come home to Biden.

From their lips to God’s ear. But with stakes this huge, I can’t help worrying that such hopefulness verges on magical thinking and is midwife to a confidence, even a complacency, that Biden cannot afford. He needs to step things up — to defend his record more vigorously, make the case for his second term more concretely, project more strength and more effectively communicate the most important difference between him and his opponent: Biden genuinely loves America, while Trump genuinely loves only himself.

The new polling shows that Democratic senators up for re-election are doing better than Biden , so his party affiliation isn’t his doom. That’s the lesson, too, of the favor enjoyed by Democratic governors in red and purple states . Look, for prime example, at Josh Shapiro in Pennsylvania .

But Biden seems to get the blame for the war in Gaza. For the high cost of living, too. Regarding the economy, he has a story to tell — infrastructure investment, the CHIPS Act, low unemployment — and must tell it better, with an eye not on his liberal base, but on the minorities and young people who are drifting away from him. That’s the moral of the latest numbers: Take no voter for granted. And there’s not a second to waste.

Patrick Healy

Patrick Healy

Deputy Opinion Editor

Will Michael Cohen Throw Cold Water on Trump’s Polling Lead?

Every Monday morning on The Point, we kick off the week with a tipsheet on the latest in the presidential campaign. Here’s what we’re looking at this week:

The next two weeks are critical for Donald Trump. He is leading President Biden in most polls in Arizona, Georgia, Pennsylvania and other swing states that will decide the 2024 election. But on Monday, the star witness in Trump’s criminal trial — Michael Cohen, his former lawyer — will begin telling a Manhattan jury that he gave $130,000 to the porn star Stormy Daniels in exchange for her silence about a sexual encounter with Trump. And based on the pace of the trial, the case could go to the jury as soon as next week.

Cohen is the linchpin to any conviction, acquittal or hung jury for Trump. More than any other witness in the case, he will put words in Trump’s mouth for jurors — telling them how the former president directed the payment to Daniels. Expect the cross-examination to be withering, but in the end, Trump’s lawyers may be hard-pressed to contain or thwart the damaging Cohen testimony without strong witnesses who can rebut it.

The trial matters because some voters say a conviction could change their thinking about Trump — a man who for years has shaken off scandals like Teflon. Failure to convict, in turn, could boost the martyr message that he’s been campaigning on at rallies like his big one in New Jersey on Saturday.

I just did a focus group with Trump voters from 2020 about how they see him now, which will be published on Tuesday. Most of these voters want to support him again because they think the economy will do better under him. But these voters volunteered how much they dislike Trump’s chaotic and inappropriate behavior, and several of them are looking at R.F.K. Jr. as a third-party candidate. What happens in the trial could steer some of these Trump voters away from him.

Biden had a successful fund-raising weekend on the West Coast, but it’s Israel’s military actions in Gaza and the cease-fire talks that will loom over both his week and the biggest event on his schedule: his commencement address at Morehouse College next Sunday. Many voters are unhappy with Biden’s approach to Gaza and general handling of the war, and he came in for some criticism over his latest move on U.S. weapons to Israel.

This isn’t an easy time for Mr. Biden to set foot on a college campus, but he’s been an admired figure at many historically Black colleges like Morehouse — and he and his campaign need to improve his standing with both Black voters and Georgia voters, where he is lagging Trump in polls. No single event will turn it around for Biden, but I think this will be one of his highest-stakes speeches of the spring.

The Table Is Set for Michael Cohen to Testify Against Trump

For months, we’ve heard that the prosecution’s entire case in Donald Trump’s New York felony trial boils down to one man: Michael Cohen.

It turns out that it doesn’t — as long as Cohen, Trump’s former lawyer, behaves himself on the witness stand beginning early next week.

For three weeks, I’ve sat in the courtroom and watched prosecutors carefully set the table for the feast of Cohen’s testimony against his longtime boss. Knowing that Cohen is a disreputable witness, they’ll basically argue that you don’t have to like the chef to swallow the food he serves.

The arc of the prosecution’s narrative has taken the jury from the “catch and kill” scheme (a coherent prelude to the crime) to the validation of highly incriminating records to the debunking of arguments for the defense. It all adds up to an effective precorroboration of Cohen’s likely testimony.

Stormy Daniels had no connection to the falsification of business records, the fundamental charge against Donald Trump. But by establishing that she did, indeed, have sex with Trump, her testimony provided important proof of motive. It’s increasingly clear to the jury that Trump coughed up the hush money to save his 2016 campaign after it was sent reeling by the “Access Hollywood” tape. He knew that a credible story of sex with a porn star would sink him. So he broke the law.

The defense has responded mostly by grasping at straws. It tried to make the hush money look like an extortion scheme, with the former president in his favorite position as victim — a difficult maneuver, considering that Trump has spent years in the same tawdry milieu.

On Monday and Friday, the defense attorney Emil Bove used technojargon and innuendo to suggest, without a shred of proof, that a key piece of evidence — a Sept. 9, 2016, call in which Trump and Cohen discussed hush money for the Playboy model Karen McDougal — was somehow tampered with by Cohen, the F.B.I. or some other sinister force and that it might not have been Cohen on the call. The idea was to use a nanosecond gap in the call and a change in phone ownership to capture the imagination of even a single conspiracy-minded juror. It takes only one to create a hung jury.

But Bove’s cross-examination crashed when a young prosecution witness explained that when people (in this case, Cohen) buy new phones, they usually keep their old numbers.

Is that all they’ve got? No, the defense is betting on the offensiveness of Cohen, who has been ignoring repeated pleas from prosecutors to keep his mouth shut in the days before he takes the stand. (Justice Juan Merchan strongly suggested he do so.)

If Cohen can straighten up and fly right, riding on a trove of evidence and surviving cross-examination, a conviction is well within sight.

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  23. The Point Conversations and insights about the moment.

    Todd Blanche, Trump's lead defense lawyer, was like a baseball pitcher assigned to start Game 7 of the World Series after only two or three wins in his major-league career.