This afternoon, President Joe Biden signed the Inflation Reduction Act into law. Almost immediately, it will produce results. A 30% tax credit for energy-efficient windows, heat pumps, or newer models of appliances will lower people’s energy costs; the cost of drugs will be capped at $2,000 per year for people on Medicare; and health care premiums will fall for certain Americans. In the longer term, it will be easier for the country to switch to renewable energy, and wealthy Americans and corporations will bear more of the tax burden than they have paid since the 2017 Trump tax cuts.
“The Inflation Reduction Act is now law,” Biden tweeted, “Giving Medicare the power to negotiate lower prescription drug prices. Ensuring wealthy corporations pay their fair share in taxes. And taking the biggest step forward on climate in our history.”
“This is a BFD,” former President Barack Obama tweeted.
“Thanks, Obama,” Biden responded.
They can be forgiven their irreverence because this act is indeed a big deal. It is an astonishing cap to the legislation the Democrats have passed with their squeaky thin majority in Congress. They have passed the American Rescue Plan, the Bipartisan Infrastructure Law, the CHIPS and Science Act, and now this, the Inflation Reduction Act.
Since President Ronald Reagan told Americans, “In this present crisis, government is not the solution to our problem; government is the problem,” Republicans have focused on proving that private enterprise is more efficient than government at providing the things Americans need. That argument has depended on preventing the government from legislating or addressing the things that people care about.
In his year and a half in office, Biden has demonstrated the opposite: that government can work. The measures that Democrats, and those Republicans who are willing to work across the aisle, have passed are enormously popular: lower medical costs, including a provision finalized today for over-the-counter hearing aids; bridge repair; broadband access; and investment in science.
“I feel like the media is having a hard time metabolizing the fact that this congress has been historically productive,” Senator Brian Schatz (D-HI) mused. “And acknowledging the size of these accomplishments, and the degree of difficulty,—it’s just hard to do accurately without sounding a bit left leaning.”
Democrats are demonstrating that the government is working, but for their ideology to make sense, the current-day Republican Party needs chaos. Chaos is what it is currently delivering.
Trump has continued to throw out more excuses for his theft of classified documents, recently suggesting his former chief of staff Mark Meadows is at fault for failing to organize a system to send documents to the National Archives and Records Administration and then suggesting that he had withheld the documents because he didn’t trust the “partisan Democrat appointees” who were “releasing thousands of his White House documents to the January 6 Committee in spite of his lawyers’ claims of executive privilege.”
Maggie Haberman at the New York Times broke the news today that Trump’s White House counsel and deputy White House counsel, Pat A. Cipollone and Patrick F. Philbin, have talked to the FBI in the last few months about the stolen documents. According to two witnesses, when Philbin tried to get him to return documents to the National Archives and Records Administration, Trump said, “It’s not theirs, it’s mine.”
Josh Campbell, CNN’s national security and law enforcement correspondent, said that Trump loyalists’ attacks on the FBI for its role in searching Mar-a-Lago for the classified documents Trump stole have taken a toll. “The head of the FBI Agents Association tells me threats against the bureau are ‘real’ and ‘imminent,’” Campbell tweeted. “The organization is demanding political leaders unequivocally denounce these attacks, insisting: ‘There is NO justification for targeting law enforcement in the United States.’"
In the search to figure out how and why the text messages from Secret Service members from the time around January 6, 2021, were purged, Inspector General Joseph Cuffari, who hid the destruction from Congress for more than a year, today refused to step down from the investigation. He also said that he would not provide the documents lawmakers wanted to see, or permit House committees to interview his colleagues.
And yet, Trump’s hold on the Republican Party is strong enough that his chosen candidate defeated Representative Liz Cheney in today’s Wyoming primary by about 34 points. Cheney voted with Trump more than 90% of the time during his term, but she took a stand against him after his attempt to overturn the results of the 2020 election. In a concession speech tonight, she told her supporters that two years ago she won the primary with 73% of the vote, and “could easily have done the same again. The path was clear. But it would have required that I go along with President Trump's lie about the 2020 election. It would have required that I enable his ongoing efforts to unravel a democratic system and attack the foundations of our Republic. That was a path I could not and would not take.”
She vowed to “do whatever it takes to ensure Donald Trump is never again anywhere near the Oval Office.”
Observers noted that the defeat of Cheney marks the passage of another establishment name from the ranks of Republican Party lawmakers. The Lincoln Project tweeted, "Tonight, the nation marks the end of the Republican Party. What remains shares the name and branding of the traditional GOP, but is in fact an authoritarian nationalist cult dedicated only to Donald Trump."
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“Last night, my father killed another political dynasty, and that’s the Cheneys. He first killed the Bushes, then he killed the Clintons. Last night he killed the Cheneys.” So Eric Trump, former president Donald Trump’s son, interpreted the primary loss by Representative Liz Cheney (R-WY) last night.
He is not wrong that the Republican Party has now been captured by extremists who reject the principles associated with that party. Trump’s statement reflects the reality that today’s MAGA crowd rejects the ideology of Reagan’s Republican Party, which was based in the idea—if not the actual execution—that the government must not interfere with markets. Far from trying to free up markets, Trump and those like him, including Florida governor Ron DeSantis, have used the government to punish businesses that don’t support their political policies and to reward those that do.
Using the government to reward friends and punish enemies is the province of authoritarians like Russia’s Vladimir Putin and Hungary’s Viktor Orbán, who spoke earlier this month in Texas at the Conservative Political Action Conference. MAGAs’ support for such tactics fits, as they have rejected the fundamental principles of American democracy.
The Declaration of Independence and the Constitution established that Americans have a right to consent to the government under which we live and that we are equal before the law. But today’s MAGA movement is based on the Big Lie that former president Trump won the 2020 election, and its adherents are currently engaged in the attempt to make sure that they can rig elections going forward, establishing a one-party state whose leaders can do as they wish.
And at least part of what they appear to want is the establishment of a state religion that overrides the rights of LGBTQ Americans and takes away women’s rights. Indeed, their vision looks much like that of Orbán, who maintains that secular democracy must be replaced by what he calls “Christian democracy,” or “illiberal democracy.”
While Eric Trump might see this as a triumph, others do not. Edward Luce of the Financial Times observed today: “I’ve covered extremism and violent ideologies around the world over my career. Have never come across a political force more nihilistic, dangerous & contemptible than today’s Republicans. Nothing close.”
Shocking though that observation was, it was nothing compared to what came next. General Michael Hayden, former director of the Central Intelligence Agency under presidents George W. Bush and Barack Obama, retweeted Luce and commented: “I agree. And I was the CIA Director[.]”
That this movement has dangerous designs on our government got more confirmation today when Jordan Libowitz and Lauren White of Citizens for Responsibility and Ethics in Washington (CREW) reported that the Secret Service had notice of a specific threat against House Speaker Nancy Pelosi days before the January 6 attack on the Capitol but didn’t tell the Capitol Police until 5:55 on the afternoon of that day, after the attack had happened.
On December 31 a Parler user posted, “January 6 starts #1776 all over again…Fight for EVERYTHING,” and included Pelosi in a list of “enemies.” Later, the account was more specific about the attack. On the evening of January 6, the Secret Service sent the information along to the Capitol Police with a note: “Good afternoon, The US Secret Service is passing notification to the US Capitol Police regarding discovery of a social media threat directed toward Speaker Nancy Pelosi.”
The Secret Service is under scrutiny because its agents’ texts from the period around the attack were erased from their phones, the phones of Acting Homeland Security Secretary Chad Wolf and Acting Deputy Secretary Ken Cuccinelli were wiped, and the Trump-appointed inspector general for the Department of Homeland Security, Joseph Cuffari, neglected to tell Congress of the destruction of evidence for more than a year and has refused to make his staff available to testify about the matter.
But it is not clear that the MAGA attempt to take over the government will stay behind Trump. Today, conspiracy theorist Alex Jones, who has recently been in the news for his defamation of the parents of a victim of the Sandy Hook shooting, announced on his show that he is switching his support to DeSantis. He was a staunch enough Trump supporter that he spoke at the January 5, 2021, rally in Washington, D.C., to fire up the crowd for the next day.
Almost on cue, Trump began to float the idea that he would release the surveillance tape of FBI agents recovering the stolen government documents from his Mar-a-Lago property in what seems to be an attempt to reclaim his base. The argument for releasing the tape is that his supporters will resent the federal officers milling around Trump’s property, feeding the idea he is a victim of political persecution. Other advisors warn that actually seeing just how many boxes of documents, including top secret documents, were recovered, will backfire.
"It's one thing to read a bunch of numbers on an inventory list, it's another to see law enforcement agents actually carrying a dozen-plus boxes out of President Trump's home knowing they probably contain sensitive documents. I don't see how that helps him," a person close to Trump told Gabby Orr, Sara Murray, Kaitlan Collins and Katelyn Polantz of CNN. It would fit the usual Trump pattern for him simply to say he is going to release it to generate stories that keep him in the news.
Trump's supporters’ willingness to find another candidate is likely, in part, a reflection of the legal trouble mounting for the former president.
Today, Trump campaign lawyer Rudy Giuliani testified for six hours before a grand jury in Fulton County, Georgia, that is investigating Trump's effort to overturn the results of the 2020 presidential election in Georgia. Giuliani alleged vote rigging in Georgia even after his theories had been proven fake.
Prosecutors have told Giuliani he is a target of the investigation, meaning it is possible he will be indicted. Ken Frydman, Giuliani's former press secretary, told CNN yesterday: "He knows he lied for his client, and he knows we all know…. I think, you know, at this point in his life, his goal is to die a free man."
Tomorrow the former chief financial officer of the Trump Organization, Allen Weisselberg, will plead guilty to 15 felonies associated with conspiring to avoid payroll taxes on $1.7 million over 15 years by taking pay in the form of school tuition for his grandchildren, a free apartment, a car, and so on. The deal with the Manhattan district attorney’s office lets him off with fines and a minimum of 100 days in jail, a very light sentence. In exchange, Weisselberg will testify against the Trump Organization in its upcoming October trial for related offenses, though not against Trump himself.
This deal seriously weakens the Trump Organization’s legal position in the case but leaves Trump and his family untouched. If the case undercuts the Trump family’s business-- its traditional financial base-- family members might be hoping to cement a new financial base in the American political system.
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On this day in 1920, the Tennessee legislature ratified the Nineteenth Amendment to the U.S. Constitution by the narrow vote of 50 to 49. A mirror of the Fifteenth Amendment protecting the right of Black men to vote, the new amendment read:
“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
“Congress shall have power to enforce this article by appropriate legislation.”
Like the momentum for the Fifteenth Amendment, the push for rights for women had taken root during the Civil War, as women backed the United States armies with their money, buying bonds and paying taxes; with their loved ones, sending sons and husbands and fathers to the war front; with their labor, working in factories and fields, and taking over from men in the nursing and teaching professions; and even with their lives, spying and fighting for the Union. In the aftermath of the war, as the divided nation was rebuilt, many of them expected they would have a say in how it was reconstructed.
But to their dismay, the Fourteenth Amendment explicitly tied the right to vote to “males,” inserting that word into the Constitution for the first time.
Boston abolitionist Julia Ward Howe, the author of the Battle Hymn of the Republic, was outraged. The laws of the age gave control of her property and her children to her abusive husband, and while far from a rabble-rouser, she wanted the right to adjust those laws so they were fair. In this moment, it seemed the right the Founders had articulated in the Declaration of Independence—the right to consent to the government under which one lived—was to be denied to the very women who had helped preserve the country, while white male Confederates and now Black men both enjoyed that right.
“The Civil War came to an end, leaving the slave not only emancipated, but endowed with the full dignity of citizenship. The women of the North had greatly helped to open the door which admitted him to freedom and its safeguard, the ballot. Was this door to be shut in their face?” Howe wondered.
The next year, Elizabeth Cady Stanton and Susan B. Anthony formed the National Woman Suffrage Association, and six months later, Lucy Stone and Julia Ward Howe founded the American Woman Suffrage Association.
The National Woman Suffrage Association wanted a larger reworking of gender roles in American society, drawing from the Seneca Falls Convention that Stanton had organized in 1848.
That convention’s Declaration of Sentiments, patterned explicitly on the Declaration of Independence, asserted that “all men and women are created equal” and that “the history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her,” listing the many ways in which men had “fraudulently deprived [women] of their most sacred rights” and insisting that women receive “immediate admission to all the rights and privileges which belong to them as citizens of these United States.”
While the National Woman Suffrage Association excluded men from its membership, the American Woman Suffrage Association made a point of including men equally, as well as Black woman suffragists, to indicate that they were interested in the universal right to vote, and only in that right, believing the rest of the rights their rivals demanded would come through voting.
The women’s suffrage movement had initial success in the western territories, both because lawmakers there were hoping to attract women for their male-heavy communities and because the same lawmakers were furious at the growing noise about Black voting. Wyoming Territory granted women the vote in 1869, and lawmakers in Utah Territory followed suit in 1870, expecting that women would vote against polygamy there. When women in fact supported polygamy, Utah lawmakers tried unsuccessfully to take their vote away, and the movement for women’s suffrage in the West slowed dramatically.
Suffragists had hopes of being included in the Fifteenth Amendment, but when they were not, they decided to test their right to vote under the Fourteenth Amendment in the 1872 election. According to its statement that anyone born in the U.S. was a citizen, they were certainly citizens and thus should be able to vote. In New York state, Susan B. Anthony voted successfully but was later tried and convicted—in an all-male courtroom in which she did not have the right to testify—for the crime of voting.
In Missouri, a voting registrar named Reese Happersett refused to permit suffragist Virginia Minor to register. Minor sued Happersett, and the case went all the way to the Supreme Court. The justices handed down a unanimous decision in 1875, deciding that women were indeed citizens but that citizenship did not necessarily convey the right to vote.
This decision meant the fat was in the fire for Black Americans in the South, as it paved the way for white supremacists to keep them from the polls in 1876. But it was also a blow to suffragists, who recast their claims to voting by moving away from the idea that they had a human right to consent to their government, and toward the idea that they would be better and more principled voters than the Black men and immigrants who, under the law anyway, had the right to vote.
For the next two decades, the women’s suffrage movement drew its power from the many women’s organizations put together across the country by women of all races and backgrounds who came together to stop excessive drinking, clean up the sewage in city streets, protect children, stop lynching, and promote civil rights.
Black women like educator Mary Church Terrell and journalist Josephine St. Pierre Ruffin, publisher of the Woman's Era, brought a broad lens to the movement from their work for civil rights, but they could not miss that Black women stood in between the movements for Black rights and women’s rights, a position scholar Kimberlé Crenshaw would identify In the twentieth century as “intersectionality.”
In 1890 the two major suffrage associations merged into the National American Woman Suffrage Association and worked to change voting laws at the state level. Gradually, western states and territories permitted women to vote in certain elections, until by 1920, Colorado, Utah, Wyoming, Idaho, Washington, California, Oregon, Arizona, Kansas, Alaska Territory, Montana, and Nevada, recognized women’s right to vote in at least some elections.
Suffragists recognized that action at the federal level would be more effective than a state-by-state strategy. The day before Democratic president Woodrow Wilson was inaugurated in 1913, they organized a suffrage parade in Washington, D.C., that grabbed media attention. They continued civil disobedience to pressure Wilson into supporting their movement.
Still, it took another war effort, that of World War I, which the U.S. entered in 1917, to light a fire under the lawmakers whose votes would be necessary to get a suffrage amendment through Congress and send it off to the states for ratification. Wilson, finally on board as he faced a difficult midterm election in 1918, backed a constitutional amendment, asking congressmen: "Shall we admit them only to a partnership of suffering and sacrifice and toil and not to a partnership of privilege and right?"
Congress passed the measure in a special session on June 4, 1919, and Tennessee’s ratification on this day in 1920 made it the law of the land. Twenty-six million American women had the right to vote in the 1920 presidential election.
Crucially, as the Black suffragists had known all too well when they found themselves caught between the drives for Black male voting and women’s suffrage, Jim Crow and Juan Crow laws meant that most Black women and women of color would remain unable to vote for another 45 years.
Yesterday the Department of Justice filed a friend of the court brief in the case of League of Women Voters v. Secretary of State of Florida alleging that “in the face of surging turnout in the 2020 election, the Florida Legislature responded by enacting provisions that impose disparate burdens on Black voters” when it imposed new voting restrictions.
A hundred years later, we are still fighting the same fights.
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There was no immediately pressing news today, so I got playing around for tonight's letter and fell down a bit of a rabbit hole in a field that isn't my usual turf. Since it's now 1:30 in the morning and I'm only half done, I'm going to post a picture and tackle it again tomorrow.
It definitely feels like late August here on the Maine coast....
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
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Earlier this month, on August 2, House Speaker Nancy Pelosi and a Democratic delegation commanded headlines when they traveled to Taiwan, an independently governed East Asian country made up of 168 islands on which about 24 million people live, and which China claims. Since 1979 the U.S. has helped to maintain the defensive capabilities of the democratically governed area, although it has been vague about whether it would intervene if China attacks Taiwan.
Pelosi’s visit made her the highest-ranking U.S. politician to visit Taiwan since 1997, when Republican speaker Newt Gingrich visited the self-ruled island. Pelosi and a delegation of House Democrats who lead committees relevant to U.S. foreign relations—Gregory Meeks (NY), Mark Takano (CA), Suzan DelBene (WA), Raja Krishnamoorthi (IL), and Andy Kim (NJ)—visited Singapore, Malaysia, South Korea, and Japan. Taiwan was added quietly.
Since then, another, bipartisan, congressional delegation has visited Taiwan. Senator Ed Markey (D-MA); Representatives John Garamendi (D-CA), Alan Lowenthal (D-CA), and Don Beyer (D-VA); and Delegate Aumua Amata Coleman Radewagen (R–American Samoa) visited Taiwan earlier this week. Markey chairs the Senate Foreign Relations East Asia, Pacific, and International Cybersecurity Subcommittee, and Beyer is chair of the U.S. Congress Joint Economic Committee (JEC); the rest of the delegation represents people in or near the Pacific Ocean.
Before visiting Taiwan, Markey was in South Korea to talk about trade and technology, including the green technologies the U.S. is now funding through the Inflation Reduction Act, as well as “shared values and interests.”
There is a larger story behind these visits to Taiwan. Early this year, the Biden administration launched a new, comprehensive initiative in the Indo-Pacific. Beginning with the tsunami in the Indian Ocean in 2004, the U.S. began to work informally with the “Quad,” the Quadrilateral Security Dialogue, consisting of the U.S., Australia, India, and Japan. In 2016, Japan introduced the concept of a free and open Indo-Pacific.
When former president Trump withdrew the U.S. from the Trans-Pacific Partnership, he left the participants to continue without the U.S., which they did as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). He also left open the way for a free trade deal in the region dominated by China, called the Regional Comprehensive Economic Partnership Agreement, or RCEP, which went into effect on January 1, 2022.
This left the Biden administration with two politically poor choices: try to reestablish U.S. participation in the region through the CPTPP, which would have been hotly contested at home and thus unlikely to get through Congress, or let China dominate the region, with damaging long-term effects. So the administration found a third way.
After some complaints that the administration had focused its attention too closely on the Middle East and Europe, in February the Biden administration released a document outlining its “Indo-Pacific Strategy,” claiming that the U.S. is part of the Indo-Pacific region, which stretches from our Pacific coastline to the Indian Ocean. The area, the report says, “is home to more than half of the world’s people, nearly two-thirds of the world’s economy, and seven of the world’s largest militaries. More members of the U.S. military are based in the region than in any other outside the United States. It supports more than three million American jobs and is the source of nearly $900 billion in foreign direct investment in the United States. In the years ahead, as the region drives as much as two-thirds of global economic growth, its influence will only grow—as will its importance to the United States.”
The document notes the long history of the U.S. and the countries in the region, and it warns against the rising power of the People’s Republic of China there. The document promises to compete responsibly with China by balancing influence in the world, creating an environment in the region “that is maximally favorable to the United States, our allies and partners, and the interests and values we share.”
Crucially, the document focuses not on the trade deals that made the TPP so unpopular, but on ideological ones, promoting “a free and open Indo-Pacific,” where countries “can make independent political choices free from coercion.” The U.S. will contribute to that atmosphere, the document says, “through investments in democratic institutions, a free press, and a vibrant civil society,” by strengthening partnerships within the region and outside it, such as the European Union and the North Atlantic Treaty Organization (NATO). The plan promises that the U.S. will invest in the region through diplomacy, education, and security.
In May, President Joe Biden hosted the U.S.–Association of Southeast Asian Nations (ASEAN) Special Summit in the U.S. for the first time “to re-affirm the United States’ enduring commitment to Southeast Asia and underscore the importance of U.S.-ASEAN cooperation in ensuring security, prosperity, and respect for human rights.” And the State Department announced that “[t]he United States has provided over $12.1 billion in development, economic, health, and security assistance to Southeast Asian allies and partners since 2002, as well as over $1.4 billion in humanitarian assistance.”
Also in May, in Japan, Biden and a dozen Indo-Pacific nations announced a new, loose economic bloc, one that Commerce Secretary Gina Raimondo has called “by any account the most significant international economic engagement that the United States has ever had in this region.” The bloc includes the U.S., India, Japan, South Korea, Australia, Brunei, Indonesia, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam, but not Taiwan. These countries represent about 40% of the global economy.
The new plan promised to streamline supply chains, back clean energy, fight corruption, and expand technology transfers. But with no guaranteed access to U.S. markets, there was uncertainty about how effective the administration’s calls for better labor and environmental standards would be.
Meanwhile, Secretary of State Antony Blinken also traveled to the region in early August, making stops in Cambodia, where he attended the U.S.-ASEAN ministerial meeting, the East Asia Summit Foreign Ministers’ Meeting, and the ASEAN Regional Forum, and in the Philippines. Before leaving, he promised to “emphasize the United States’ commitment to ASEAN centrality and successful implementation of the ASEAN Outlook on the Indo-Pacific” and to “address the COVID-19 pandemic, economic cooperation, the fight against climate change, the crisis in Burma, and Russia’s war in Ukraine.”
Chinese leaders warned the U.S. there would be “serious consequences” if Pelosi visited, and pundits suggested that she was reckless for going. But both Biden and Blinken made it clear that any potential visit would not mean any change in U.S. policy toward Taiwan, and 26 Republican lawmakers made a public statement praising the visit and noting that it has precedent.
Pelosi’s visit seemed to echo Biden and Blinken’s focus on world democracy. She championed Taiwan as a leading democracy, “a leader in peace, security and economic dynamism: with an entrepreneurial spirit, culture of innovation and technological prowess that are envies of the world.” She explicitly said her visit was intended to reaffirm “our shared interests [in]...advancing a free and open Indo-Pacific region.” “By traveling to Taiwan, we honor our commitment to democracy: reaffirming that the freedoms of Taiwan—and all democracies—must be respected.”
When Pelosi’s plane landed, China immediately announced live fire operations nearby and cut certain diplomatic communications with the U.S. But Director of the Centre for Russia Europe Asia Studies Theresa Fallon noted that the Chinese blockade/live fire exercise “is likely to boomerang on Xi. This will…scare just about every other country in Asia,” she wrote on Twitter.
Yesterday, U.S. Ambassador to China Nicholas Burns, six months into the job, did his first television interview. Emphasizing that Pelosi’s visit was in keeping with longstanding history, he said, "We do not believe there should be a crisis in US-China relations over the visit—the peaceful visit—of the Speaker of the House of Representatives to Taiwan...it was a manufactured crisis by the government in Beijing. It was an overreaction.” Burns added that it is now "incumbent upon the government here in Beijing to convince the rest of the world that it will act peacefully in the future” and observed that “there's a lot of concern around the world that China has now become an agent of instability in the Taiwan Strait and that's not in anyone's interest."
As drought, coronavirus lockdowns, and the Russian invasion of Ukraine hamstring the Chinese economy, China’s domination of the region seems wobbly. Apple is currently talking to Vietnam about making Apple Watches and MacBooks, moving production away from China. Vietnam already builds Apple products, but these new contracts would upgrade the Vietnamese technical sector in advance of what are expected to be more contracts.
This week, the EU and Indonesia launched their first ever joint naval exercise in the Arabian Sea, with an announcement that “[t]he EU and Indonesia are committed to a free, open, inclusive and rules-based order in the Indo-Pacific region, underpinned by respect for territorial integrity and sovereignty, democracy, rule of law, transparency, freedom of navigation and overflight, unimpeded lawful commerce, and peaceful resolution of disputes. They reaffirm the primacy of international law, including the United Nations Convention on Law of the Sea (UNCLOS).”
The U.S. and Taiwan, which was not included in the earlier economic organization, will start formal trade talks in the fall.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
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On August 21, 1831, enslaved American Nat Turner led about 70 of his enslaved and free Black neighbors in a rebellion to awaken his white neighbors to the inherent brutality of slaveholding and the dangers it presented to their own safety. Turner and his friends traveled from house to house in their neighborhood in Southampton County, Virginia, freeing enslaved people and murdering about 60 of the white men, women, and children they encountered. Their goal, Turner later told an interviewer, was “to carry terror and devastation wherever we went.”
State militia put down the rebellion in a couple of days, and both the legal system and white vigilantes killed at least 200 Black Virginians, many of whom were not involved in Turner’s bid to end enslavement. Turner himself was captured in October, tried in November, sentenced to death, and hanged.
But white Virginians, and white folks in neighboring southern states, remained frightened. Turner had been, in their minds, a well-treated, educated enslaved man, who knew his Bible well and seemed the very last sort of person they would have expected to revolt. And so they responded to the rebellion in two ways. They turned against the idea that enslavement was a bad thing and instead began to argue that human enslavement was a positive good.
And states across the South passed laws making it a crime to teach enslaved Americans to read and write.
Denying enslaved Black Americans access to education exiled them from a place in the nation. The Framers had quite explicitly organized the United States not on the principles of religion or tradition, but rather on the principles of the Enlightenment: the idea that, by applying knowledge and reasoning to the natural world, men could figure out the best way to order society. Someone excluded from access to education could not participate in that national project. Instead, that person was read out of society, doomed to be controlled by leaders who marshaled propaganda and religion to defend their dominance.
In 1858, South Carolina Senator James Henry Hammond explained that society needed “a class to do the menial duties, to perform the drudgery of life. That is, a class requiring but a low order of intellect and but little skill.”
But when they organized in the 1850s to push back against the efforts of elite enslavers like Hammond to take over the national government, members of the fledgling Republican Party recognized the importance of education. In 1859, Illinois lawyer Abraham Lincoln explained that those who adhered to the “mud-sill” theory “assumed that labor and education are incompatible; and any practical combination of them impossible…. According to that theory, the education of laborers, is not only useless, but pernicious, and dangerous.”
Lincoln argued that workers were not simply drudges but rather were the heart of the economy. “The prudent, penniless beginner in the world, labors for wages awhile, saves a surplus with which to buy tools or land, for himself; then labors on his own account another while, and at length hires another new beginner to help him.” He tied the political vision of the Framers to this economic vision. In order to prosper, he argued, men needed “book-learning,” and he called for universal education. An educated community, he said, “will be alike independent of crowned-kings, money-kings, and land-kings.”
When they were in control of the federal government in the 1860s, Republicans passed the Land Grant College Act, funding public universities so that men without wealthy fathers might have access to higher education. In the aftermath of the Civil War, Republicans also tried to use the federal government to fund public schools for poor Black and white Americans, dividing money up according to illiteracy rates.
But President Andrew Johnson vetoed that bill on the grounds that the federal government had no business protecting Black education; that process, he said, belonged to the states—which for the next century denied Black and Brown people equal access to schools, excluding them from full participation in American society and condemning them to menial labor.
Then, in 1954, after decades of pressure from Black and Brown Americans for equal access to public schools, the Supreme Court under Chief Justice Earl Warren, a former Republican governor of California, unanimously agreed that separate schools were inherently unequal, and thus unconstitutional. The federal government stepped in to make sure the states could not deny education to the children who lived within their boundaries.
And now, in 2022, we are in a new educational moment. Between January 2021 and January 2022, the legislatures of 35 states introduced 137 bills to keep students from learning about issues of race, LBGTQ+ issues, politics, and American history. More recently, the Republican-dominated legislature of Florida passed the Stop the Wrongs to Our Kids and Employees (Stop WOKE) Act, tightly controlling how schools and employee training can talk about race or gender discrimination.
Republican-dominated legislatures and school districts are also purging books from school libraries and notifying parents each time a child checks out a book. Most of the books removed are by or about Black people, people of color, or LGBTQ+ individuals.
Both sets of laws are likely to result in teachers censoring themselves or leaving the profession out of concern they will inadvertently run afoul of the new laws, a disastrous outcome when the nation’s teaching profession is already in crisis. School districts facing catastrophic teacher shortages are trying to keep classrooms open by doubling up classes, cutting the school week down to four days, and permitting veterans without educational training to teach—all of which will likely hurt students trying to regain their educational footing after the worst of the pandemic.
This, in turn, adds weight to the move to divert public money from the public schools into private schools that are not overseen by state authorities. In Florida, the Republican-controlled legislature has dramatically expanded the state’s use of vouchers recently, arguing that tying money to students rather than schools expands parents’ choices while leaving unspoken that defunded public schools will be less and less attractive. In June, in Carson v. Makin, the Supreme Court expanded the voucher system to include religious schools, ruling that Maine, which provides vouchers in towns that don’t have public high schools, must allow those vouchers to go to religious schools as well as secular ones. Thus tax dollars will support religious schools.
In 2022, it seems worth remembering that in 1831, lawmakers afraid that Black Americans exposed to the ideas in books and schools would claim the equality that was their birthright under the Declaration of Independence made sure their Black neighbors could not get an education.
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Today’s big news is an eye-popping $1.6 billion donation to a right-wing nonprofit organized in May 2020. This is the largest known single donation made to a political influence organization.
The money came from Barre Seid, a 90-year-old electronics company executive, and the new organization, Marble Freedom Trust, is controlled by Leonard A. Leo, the co-chair of the Federalist Society, who has been behind the right-wing takeover of the Supreme Court. Leo has also been prominent in challenges to abortion rights, voting rights, climate change action, and so on. He announced in early 2020 that he was stepping back from the Federalist Society to remake politics at every level, but information about the massive grant and the new organization was broken today by Kenneth P. Vogel and Shane Goldmacher of the New York Times.
Marble is organized as a nonprofit, so when Seid gave it 100% of the stock in Tripp Lite, a privately held company that makes surge protectors and other electronic equipment, it could sell the stock without paying taxes. The arrangement also likely enabled Seid to avoid paying as much as $400 million in capital gains taxes on the stock. Law professor Ray Madoff of Boston College Law School, who specializes in philanthropic policy, told the New York Times: “These actions by the super wealthy are actually costing the American taxpayers to support the political spending of the wealthiest Americans.”
This massive donation is an example of so-called “dark money”: funds donated for political advocacy to nonprofits that do not have to disclose their donors. In the 2010 Citizens United v. Federal Election Commission (FEC) decision, the Supreme Court said that limiting the ability of corporations and other entities to advertise their political preferences violates their First Amendment right to free speech. This was a new interpretation: until the 1970s, the Supreme Court did not agree that companies had free speech protections.
Now, nonprofit organizations can receive unlimited donations from people, corporations, or other entities for political speech. They cannot collaborate directly with candidates or campaigns, but they can promote a candidate’s policies and attack opponents, all without identifying their donors.
"I've never seen a group of this magnitude before," Robert Maguire of Citizens for Responsibility and Ethics in Washington (CREW) told Casey Tolan, Curt Devine, and Drew Griffin of CNN. "This is the kind of money that can help these political operatives and their allies start to move the needle on issues like reshaping the federal judiciary, making it more difficult to vote, a state-by-state campaign to remake election laws and lay the groundwork for undermining future elections." Our campaign finance system, he said, gives "wealthy donors, whether they be corporations or individuals, access and influence over the system far greater than any regular American can ever imagine."
It’s an interesting revelation at this particular juncture, when the Republican Party is splitting over former president Donald Trump. Today, a Colorado state senator switched from the Republican to the Democratic Party because he refuses to support the lie that Trump won the 2020 election. "I cannot continue to be a part of a political party that is okay with a violent attempt to overturn a free and fair election and continues to peddle claims that the 2020 election was stolen," Kevin Priola wrote. “We need Democrats in charge because our planet and our democracy depend on it.” Priola has thrown in his lot with those Republicans like Representatives Liz Cheney (R-WY) and Adam Kinzinger (R-IL).
Priola has voted with Democrats in the past, although he voted with the Republicans 90% of the time. His switch will make it more difficult for Republicans to retake control of the Colorado Senate. Governor Jared Polis, a Democrat, tweeted that he was proud to welcome Priola to the Democratic Party. “We are a broad tent party, always seeking good ideas from the left and right to move CO forward. Senator Priola is a strong leader on climate issues & will hopefully be even more effective on the Democratic side of the aisle.”
In contrast, Sean Paige, former spokesperson for the Colorado Republican Party, tweeted: “Kevin Priola a Democrat? Who knew, LOL? That's been an open 'secret' at the Statehouse since I worked there. He's beyond just a big phony; he's a squirrely and calculating opportunist. But I'm glad, for his conscience, that he finally came out of the closet.”
The new extremist Republican Party is driving away voters in part by this very sort of chaos. This afternoon, Trump’s lawyers asked a federal judge to stop the FBI from looking at the documents recovered from Mar-a-Lago until a special master reviews them. But the filing appeared to have been less about the law than about asserting power over the Republican Party. While legal analyst Bradley Moss called it “just garbage” legally, it stated its political principle at the start: “President Donald J. Trump is the clear frontrunner in the 2024 Republican Presidential Primary and in the 2024 General Election, should he decide to run.”
The motion reiterated the arguments he has made since the search warrant was carried out; Moss mused, “[t]he more I read Trump’s motion, the more I am completely confused and shocked he got three lawyers to risk their law licenses by filing this thing.”
Then, this evening, it turned out that the motion was likely intended to distract attention from a new story dropping from Maggie Haberman, Jodi Kantor, Adam Goldman and Ben Protess of the New York Times, who reported that Trump took more than 300 classified documents with him to Mar-a-Lago and that he went through the boxes himself in late 2021, meaning he was aware that he had taken classified documents out of the White House.
The National Archives and Records Administration recovered more than 150 classified documents in January 2022, including intelligence from the Central Intelligence Agency (CIA), the National Security Agency (NSA), and the FBI. Worried by the sheer number of those documents, the Department of Justice moved to get the rest. In June, Trump’s aides turned over a few dozen more, and Trump lawyer Christina Bobb signed a document asserting that, to the best of her knowledge, all the classified materials had been returned. They had not, of course, and on June 22 the Justice Department subpoenaed the security video tapes from the area, which showed people moving the documents. Hence the search warrant, which the FBI executed two weeks ago, finding yet more documents, including some in a closet in Trump’s office. Some had the highest possible level of classification. It remains unclear whether any U.S. documents remain at Mar-a-Lago.
Meanwhile, according to Andrew Desiderio of Politico, members of the Gang of Eight—the leaders of the House and Senate from each party, and the chairs and ranking members of the intelligence committees from both houses—want to know what was in those recovered files.
Finally, today, Dr. Anthony Fauci announced that he will be retiring from the National Institute of Allergy and Infectious Diseases, which he has led since 1984, in December. Fauci has served seven presidents, and after his work on HIV/AIDS, President George W. Bush awarded him the Presidential Medal of Freedom.
Nonetheless, today’s Republicans have tried to deflect blame for the nation’s poor response to the coronavirus pandemic from Trump to Fauci. After the announcement of the 81-year-old’s retirement, Representative Steve Scalise (R-LA) said: “It’s good to know that with his retirement, Dr. Fauci will have ample time to appear before Congress and share under oath what he knew about the Wuhan lab, as well as the ever-changing guidance under his watch that resulted in wrongful mandates being imposed on Americans.”
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I literally had to stop reading her letter tonight out of disgust (not at Heather), but due to the content. Is there anything in the letter that would persuade me not to want to catch the next flight to Mars... of at least Antarctica?
“The fear of death follows from the fear of life. A man [or woman] who lives fully is prepared to die at any time.”
Early this morning, right-wing journalist John Solomon posted on his website a letter dated May 10 from Debra Steidel Wall, the acting archivist of the United States, to Evan Corcoran, a lawyer for former president Trump. Just why the Trump camp leaked the letter is unclear because it is a damning revelation of the extent of the stolen documents and Trump’s refusal to return them.
Wall was responding to Trump’s request that the National Archives and Records Administration (NARA) continue to withhold from the FBI the records NARA had recovered at that point from Mar-a-Lago. She noted that NARA had worked to recover those records throughout 2021 and, when they finally got them, “identified items marked as classified national security information, up to the level of Top Secret and including Sensitive Compartmented Information and Special Access Program materials.”
These are highly secret and sensitive materials, and Trump wanted to delay review of them while he decided if he was going to assert executive privilege over them. Wall rejected that argument, pointing out that he could hardly keep them out of the hands of the current president.
“The question in this case is not a close one,” she wrote. “The Executive Branch here is seeking access to records belonging to, and in the custody of, the Federal Government itself, not only in order to investigate whether those records were handled in an unlawful manner but also, as the National Security Division explained, to ‘conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps.’ These reviews will be conducted by current government personnel who…are sensitive to executive concerns.”
This was no small cache of documents. In the boxes then at issue were more than 100 classified documents. They made up more than 700 pages of classified material. Since then, of course, the FBI has recovered yet more classified documents.
The New York Times reported last night that Trump resisted returning the documents, calling them “mine.”
Also in today’s news, a federal jury found Barry Croft and Adam Fox guilty of several crimes in the summer 2020 plot to kidnap Michigan governor Gretchen Whitmer. The jury found Croft guilty of kidnapping conspiracy, conspiracy to use a weapon of mass destruction, and possession of an unregistered destructive device. It found Fox guilty of kidnapping conspiracy and conspiracy to use a weapon of mass destruction.
The men were part of a plot to kidnap Whitmer at her summer home and to blow up a bridge that would stop rescuers from reaching her. They hoped to spark a second American Revolution.
In a federal court in Louisville, Kentucky, former detective Kelly Goodlett pleaded guilty to one count of conspiracy. She admitted that she knew another officer’s statement that Breonna Taylor’s former boyfriend was receiving packages at Taylor's house was false, and yet did not object when the officer put it in an application for a search warrant. That warrant sparked the March 2020 raid that left Ms. Taylor dead.
And in Tennessee a federal grand jury has indicted Republican former house speaker Glen Casada and his aide Cade Cothren on 20 counts of federal bribery, kickback, theft, wire fraud, and money laundering for a scheme that began in 2019.
The Biden administration is reasserting the rule of law in the United States.
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Yesterday’s elections suggest that American voters are concerned about the past year’s radicalization of the Republican Party. In a special election for a seat in the House of Representatives in a New York state swing district, the 19th congressional district, Democrat Pat Ryan beat his Republican opponent. Pundits looked at the race as a bellwether (named for the wether, or castrated sheep, fitted with a bell to indicate where the flock was going), and most thought the Republican would win, as he was a strong candidate and the midterm election in a president’s first term usually goes to the opposite party.
Ryan’s opponent emphasized inflation and crime, but Ryan told Greg Sargent of the Washington Post: “We centered the concept of freedom…. When rights and freedoms are being taken away from people,” Ryan told Sargent, they “stand up and fight.” The Supreme Court’s Dobbs v. Jackson Women’s Health decision of two months ago overturning the 1973 Roe v. Wade decision that protected abortion rights was a key sign of the erosion of freedom. Ryan told Sargent that “ripping away reproductive rights from tens of millions of people” was “visceral.”
So, too, are gun safety and threats to democracy. “There’s sort of this power grab of the far, far right,” Ryan told Sargent. “It’s just wildly out of step with where the vast majority of Americans are.”
This is the fourth special election since the Dobbs decision that has shown at least a two-point movement toward the Democrats. A referendum on preserving abortion rights in Kansas also went to those in favor of them.
Tom Bonier, who runs the political data firm TargetSmart, noted that women have outregistered men to vote since the Dobbs decision by large margins: 11 points in Ohio, for example. And a Pew poll released yesterday shows that 56% of voters say that the right to abortion is very important to them for their midterm votes, up from 46% before the Dobbs decision.
The trend is clear, but so is the reality that a number of states are operating under extreme Republican gerrymanders—some, like those in Alabama, Georgia, Louisiana, and Ohio, still in force although the state judges have said they are illegal—that will give Republicans a structural advantage.
Biden administration officials are currently touring the country to call attention to how the administration is “Building a Better America.” In 35 trips to 23 states, they will “make clear that the President and Congressional Democrats beat the special interests and delivered what was best for the American people.” They are emphasizing the bipartisan infrastructure bill, the CHIPS and Science Act, the Inflation Reduction Act, the gun safety law, and so on. They are urging Americans to unite not by party, but against the extremism on display in the leadership of the current Republican Party. “Every step of the way, Congressional Republicans sided with the special interests—pushing an extreme MAGA agenda that costs families.”
Since the 1980s, Republicans have argued for cutting public programs because they cost too much money, while also arguing that tax cuts for the wealthy would pay for themselves by expanding the economy, thus increasing tax revenues. It has never worked—when government computers showed that President Ronald Reagan’s first tax cut would explode the deficit, the budget director simply reprogrammed them—but that has not stopped the Republicans from passing repeated tax cuts for the wealthy, one as recently as December 2017.
Republicans have warned that the massive investment the Democrats have made in the country during Biden’s term would rack up enormous deficits. But, in fact, today the Office of Management and Budget forecast that this year’s budget deficit will decline by $1.7 trillion, the single largest drop in the deficit in U.S. history. (The record deficit was $3.13 trillion in 2020, during the worst of the coronavirus pandemic.) This number is simply a benchmark, and the deficit remains at $1.03 trillion, but it suggests that numbers are currently moving downward.
Today, Biden announced another key change in American policy, this time in education. The Department of Education will cancel up to $20,000 of student debt for Pell Grant recipients with loans held by the federal government and up to $10,000 for other borrowers. Pell Grants are targeted at low-income students. Individuals who make less than $125,000 a year or couples who make less than $250,000 a year are eligible. The current pause on federal student loan repayment will be extended once more, through the end of 2022, and the Education Department will try to negotiate a cap on repayments of 5% of a borrower’s discretionary income, down from the current 10%.
The Department of Education estimates that almost 90% of the relief in the measure will go to those earning less than $75,000 a year, and about 43 million borrowers will benefit from the plan.
Opponents of the plan worry that it will be inflationary and that it will not address the skyrocketing cost of four-year colleges. But its supporters worry that the education debt crisis locks people into poverty. They also note that there was very little objection to the forgiveness of 10.2 million Paycheck Protection Program (PPP) loans issued as of July 2022, with $72,500 being the average dollar amount forgiven.
The administration’s plan is a significant pushback to what has happened to education funding since the 1980s. After World War II, the U.S. funded higher education through a series of measures that increased college attendance while also keeping prices low. Beginning in the 1980s, that funding began to dry up and tuition prices rose to make up the difference.
A college education became crucial for a high-paying job, but wages didn’t rise along with the cost of tuition, so families turned to borrowing. Many of them choose the lowest monthly repayment amounts, and some put their loans on hold, meaning their debt balances grow far beyond what they originally borrowed. The shift to “high-tuition, high-aid” caused a “massive total volume of debt,” Assistant Professor of Economics Emily Cook of Tulane University told Jessica Dickler and Annie Nova of CNBC in May. Today, around 44 million Americans owe about $1.7 trillion of educational debt.
Because of the wealth gap between white and Black Americans—the average white family has ten times the wealth of the average Black family—more Black students borrow to finance their education.
Canceling a portion of student debt is a resumption of the older system, ended in the 1980s, under which the government funded cheaper education in the belief it was a social good. In his explanation of the plan, White House National Economic Council Director Bharat Ramamurti told reporters today that “87% of the dollars…are going to people making under $75,000 a year, and 0 dollars, 0%, are going to anybody making over $125,000 in individual income.” He told them it was “instructive” to compare this plan “to what the Republican tax bill did in 2017. It’s basically the reverse. Fifteen percent of the benefits went to people making under $75,000 a year, and 85% went to people making over $75,000 a year. And if you zoom in even more on that, people making over $250,000 a year got nearly half of the benefits of the GOP tax bill and are getting 0 dollars under our [plan].”
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Today, legal news about the former president and members of his team revealed a group of people who appear to have ignored the law.
The stories began with the release of the Department of Justice (DOJ) memo written for Trump’s attorney general Bill Barr arguing that Trump should not be charged with obstruction of justice over his attempts to shut down the Russia investigation despite his firing of Federal Bureau of Investigation (FBI) director James Comey, urging of witnesses not to “flip,” hints of pardons to those who stayed quiet, and so on. The memo seems clearly to have been a whitewash to justify Barr’s predetermined decision not to prosecute, illustrating the dangerous politicization of the DOJ.
The memo argued that because special counsel Robert Mueller did not find enough evidence to charge Trump with conspiring with Russia, there was no crime committed, and thus Trump could not be charged with obstruction. In fact, Mueller noted in the report that the investigation was hampered by the president’s allies who refused to cooperate. Andrew Weissman, a 20-year veteran of the Department of Justice who worked on the Mueller investigation, concluded: “Key ‘reasoning’ of…memo: if you successfully obstruct an investigation, you cannot be charged with obstruction as you were not charged with the crime under investigation. Future defendants will have a field day with this memo unless DOJ repudiates it soon.”
Harry Litman, former U.S. attorney and now legal affairs columnist for the Los Angeles Times, noted that the principal author of the memo, Steven Engel, “is too good a lawyer not to have known what was going on. In a way, the most important words in the memo are the first 3: ‘at your request.’ This was a political mission.”
And then there is the attempt of Republican operatives to smear their opponents. Today, the U.S. attorney’s office for the Southern District of New York announced that two people have pleaded guilty to stealing the diary and other personal property of then-candidate Joe Biden’s daughter and selling it for $40,000 to James O’Keefe’s Project Veritas. In the process, they transported the material across state lines and then, at the request of the person to whom they sold it, went back to get more. They pleaded guilty to conspiracy to commit interstate transportation of stolen property, and will cooperate with authorities.
The attempt to overturn the 2020 presidential election results is also in legal news.
Senator Lindsey Graham (R-SC) is arguing in court that the judge should not let a grand jury question the senator “on all the topics” covered by its recent subpoena of his testimony in the investigation of the Trump campaign’s attempt to overturn the 2020 presidential election results in Georgia. Graham argues that the Speech or Debate Clause of the U.S. Constitution, which says that congress members “shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place,” means he cannot be questioned about his two phone calls to Georgia secretary of state Brad Raffensperger about throwing out mail-in ballots in that state.
For Graham’s argument to prevail, he will have to convince the court that his calls to Raffensperger were part of his legitimate congressional work, rather than part of the efforts of Trump’s campaign to overturn the election, actions outside the scope of Graham’s congressional duties.
Lawyer Kenneth Chesebro, who helped to invent the false electors plan to overturn the results of the 2020 election, is refusing to talk to the grand jury, arguing that he has an attorney-client relationship with the Trump campaign and saying the campaign had “instructed” him to maintain confidentiality. But Chesebro never received any payment, and it is unclear whether he was officially working for the campaign.
Meanwhile, Fulton County, Georgia, district attorney Fani Willis filed petitions today to require Trump chief of staff Mark Meadows, Trump lawyer Sidney Powell, Meadows ally James “Phil” Waldron, and Trump campaign advisor Boris Epshteyn to testify before the special grand jury next month.
Finally, the top secret documents Trump stole from the government: Today the DOJ submitted to the court a redacted version of the affidavit it used to obtain a search warrant for Trump’s Florida property Mar-a-Lago earlier this month. The judge has ordered the release of the document by noon tomorrow. Trump had publicly demanded the release of the affidavit but had not actually asked the court to release it. Instead, he has whipped up his followers against the FBI.
With these headlines from the Republican Party, and coming on the heels of a spectacular few months for the Democrats, the Biden administration came out today swinging against MAGA Republicans.
First, after a day of Republican congress members railing against yesterday’s educational loan forgiveness of up to $20,000 for Pell Grant recipients and $10,000 for others, the White House tweeted a thread of those members alongside the amount of Paycheck Protection Program (PPP) money those individuals were forgiven.
Representative Marjorie Taylor Greene (R-GA) said: “For our government just to say ok your debt is completely forgiven.. it’s completely unfair.” Greene had $183,504 in PPP loans forgiven.
Representative Vern Buchanan (R-FL) said: “Biden’s reckless, unilateral student loan giveaway is unfair to the 87 percent of Americans without student loan debt and those who played by the rules.” Buchanan had more than $2.3 million in PPP loans forgiven.
Representative Markwayne Mullin (R-OK) said: “We do not need farmers and ranchers, small business owners, and teachers in Oklahoma paying the debts of Ivy League lawyers and doctors across the U.S.” Mullin had more than $1.4 million in PPP loans forgiven.
Representative Kevin Hern (R-OK) said: “To recap, in the last two weeks, the ‘Party of the People’ has supercharged the IRS to go after working-class Americans, raised their taxes, and forced them to pay for other people's college degrees.” Hern had more than $1 million in PPP loans forgiven.
Representative Mike Kelly (R-PA) said: “Asking plumbers and carpenters to pay off the loans of Wall Street advisors and lawyers isn’t just unfair. It’s also bad policy.” Kelly had $987,237 in PPP loans forgiven.
Representative Matt Gaetz (R-FL) said: Everyone knows that in a $60 Billion+ European land war, it's always the last $3 Billion that kicks in the door….” Gaetz had $482,321 in PPP loans forgiven.
Then Biden gave a barn-burning speech to the Democratic National Committee in Rockville, Maryland, clearly dividing the Republican Party between the MAGAs and mainstream Republicans. The MAGA philosophy is “semi-fascism,” he said, and we are seeing either its beginning or death knell.
“I want to be crystal clear about what’s on the ballot this year. Your right to choose is on the ballot this year. The Social Security you paid for from the time you had a job is on the ballot. The safety of our kids from gun violence is on the ballot…. The very survival of our planet is on the ballot. Your right to vote is on the ballot. Even…democracy.”
“The MAGA Republicans don’t just threaten our personal rights and economic security,” he said. “They’re a threat to our very democracy. They refuse to accept the will of the people. They embrace…political violence. They don’t believe in democracy.”
“This is why in this moment, those of you who love this country—Democrats, Independents, mainstream Republicans—we must be stronger,” he said.
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The Department of Justice (DOJ) today released the redacted affidavit that persuaded a judge to agree to issue a search warrant for FBI agents to look for classified documents at Mar-a-Lago, the property owned by the Trump Organization in Florida.
It was bad.
The affidavit explained to the judge the history behind the FBI’s request.
On February 9, 2022, the National Archives and Records Administration (what did I say about archivists?) told the DOJ that after seven months of negotiations, on January 18 it had received 15 boxes of material that former president Trump had held at Mar-a-Lago. Those boxes contained “highly classified documents,” including some at the very most secret level of our intelligence: those involving our spies and informants.
In those initial 15 boxes, FBI personnel found 184 classified documents. Sixty-seven were labeled CONFIDENTIAL, 92 were SECRET, 25 were TOP SECRET. Some were marked SCS, FISA, ORCON, NOFORN, and SI, the very highest levels of security, involving human intelligence, foreign surveillance, intelligence that cannot be shared with foreign governments, and intelligence that is compartmented to make sure no one has full knowledge of what is in it. The former president had made notes on “several” of the documents.
On June 8, 2022, a DOJ lawyer wrote to Trump’s lawyer to reiterate that Mar-a-Lago was not authorized to store classified information, and warned that the documents were not being handled properly. The DOJ lawyer asked that the material be secured in a single room at Mar-a-Lago “in their current condition until further notice.”
Trump’s lawyers told the DOJ that presidents have the absolute authority to declassify documents—this is not true, by the way—but did not assert he had done so.
The FBI opened a criminal investigation “to, among other things,” figure out how the classified records were taken from the White House and ended up at Mar-a-Lago, and to determine if other classified records might have been improperly taken and stored, and to figure out who might have taken and mishandled them.
They concluded that there was good reason to think that more classified records remained at Mar-a-Lago and that investigators would find evidence that Trump and his allies were obstructing the government’s effort to recover the material. The person who made the affidavit said they were a special agent with the FBI, “familiar with efforts used to unlawfully collect, retain, and disseminate sensitive government information, including classified N[ational] D[efense] I[nformation].” They swore that “there is probable cause to believe” that locations at Mar-a-Lago “contain evidence, contraband, fruits of crime, or other items illegally possessed.”
The affidavit confirmed that the Department of Justice is “conducting a criminal investigation concerning the improper removal and storage of classified information in unauthorized spaces, as well as the unlawful concealment or removal of government records,” and asked for the affidavit to be sealed because “the items and information to be seized are relevant to an ongoing investigation and the FBI has not yet identified all potential criminal confederates nor located all evidence related to its investigation.”
Sidestepping Trump’s insistence that he could declassify whatever he wished when president, the affidavit specifies that the documents could cause damage even if they are not classified, and it notes that retaining “information related to the national defense” is illegal.
The information that Trump stole classified documents itself was eye-popping, and then that he refused to return them was astonishing. Now, the knowledge of the extent of it, and that it included information from our human sources, is stunning.
AND THIS WAS JUST THE AFFIDAVIT TO GET A SEARCH WARRANT TO GET MORE RETAINED DOCUMENTS…which the FBI did on August 8.
We still don’t know what was in those more recently recovered boxes.
Trump is in serious trouble…and so are the rest of us. This stolen and mishandled classified intelligence compromises our security. The best-case scenario is that it was never seen by anyone who knew what they were looking at. Even that would mean that our allies have every reason to be leery about sharing information with us again.
But that’s the best-case scenario. We have to wonder, who else now knows the secrets designed to keep Americans safe? Multiple news stories during Trump’s presidency noted that even then, Mar-a-Lago was notoriously insecure. And, unthinkable though it should be but sadly is not, what if secret documents have already been given or sold into the hands of foreign actors whose interests conflict with ours?
I have been writing today about Trump’s first impeachment and the hearings where Marie Yovanovitch, Fiona Hill, and Alexander Vindman, immigrants all, who served our nation faithfully and fully, risked—and ultimately lost—their jobs to warn us that Trump was willing to compromise our national security for his own interests.
“He has betrayed our national security, and he will do so again,” House impeachment manager Adam Schiff warned the Senate. “You can’t trust [Trump] to do the right thing. Not for one minute, not for one election, not for the sake of our country. You just can’t. He will not change and you know it.” Schiff begged them to say “enough.”
But they would not, and they did not, and here we are.
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The Department of Justice (DOJ) today released the redacted affidavit that persuaded a judge to agree to issue a search warrant for FBI agents to look for classified documents at Mar-a-Lago, the property owned by the Trump Organization in Florida.
It was bad.
The affidavit explained to the judge the history behind the FBI’s request.
On February 9, 2022, the National Archives and Records Administration (what did I say about archivists?) told the DOJ that after seven months of negotiations, on January 18 it had received 15 boxes of material that former president Trump had held at Mar-a-Lago. Those boxes contained “highly classified documents,” including some at the very most secret level of our intelligence: those involving our spies and informants.
In those initial 15 boxes, FBI personnel found 184 classified documents. Sixty-seven were labeled CONFIDENTIAL, 92 were SECRET, 25 were TOP SECRET. Some were marked SCS, FISA, ORCON, NOFORN, and SI, the very highest levels of security, involving human intelligence, foreign surveillance, intelligence that cannot be shared with foreign governments, and intelligence that is compartmented to make sure no one has full knowledge of what is in it. The former president had made notes on “several” of the documents.
On June 8, 2022, a DOJ lawyer wrote to Trump’s lawyer to reiterate that Mar-a-Lago was not authorized to store classified information, and warned that the documents were not being handled properly. The DOJ lawyer asked that the material be secured in a single room at Mar-a-Lago “in their current condition until further notice.”
Trump’s lawyers told the DOJ that presidents have the absolute authority to declassify documents—this is not true, by the way—but did not assert he had done so.
The FBI opened a criminal investigation “to, among other things,” figure out how the classified records were taken from the White House and ended up at Mar-a-Lago, and to determine if other classified records might have been improperly taken and stored, and to figure out who might have taken and mishandled them.
They concluded that there was good reason to think that more classified records remained at Mar-a-Lago and that investigators would find evidence that Trump and his allies were obstructing the government’s effort to recover the material. The person who made the affidavit said they were a special agent with the FBI, “familiar with efforts used to unlawfully collect, retain, and disseminate sensitive government information, including classified N[ational] D[efense] I[nformation].” They swore that “there is probable cause to believe” that locations at Mar-a-Lago “contain evidence, contraband, fruits of crime, or other items illegally possessed.”
The affidavit confirmed that the Department of Justice is “conducting a criminal investigation concerning the improper removal and storage of classified information in unauthorized spaces, as well as the unlawful concealment or removal of government records,” and asked for the affidavit to be sealed because “the items and information to be seized are relevant to an ongoing investigation and the FBI has not yet identified all potential criminal confederates nor located all evidence related to its investigation.”
Sidestepping Trump’s insistence that he could declassify whatever he wished when president, the affidavit specifies that the documents could cause damage even if they are not classified, and it notes that retaining “information related to the national defense” is illegal.
The information that Trump stole classified documents itself was eye-popping, and then that he refused to return them was astonishing. Now, the knowledge of the extent of it, and that it included information from our human sources, is stunning.
AND THIS WAS JUST THE AFFIDAVIT TO GET A SEARCH WARRANT TO GET MORE RETAINED DOCUMENTS…which the FBI did on August 8.
We still don’t know what was in those more recently recovered boxes.
Trump is in serious trouble…and so are the rest of us. This stolen and mishandled classified intelligence compromises our security. The best-case scenario is that it was never seen by anyone who knew what they were looking at. Even that would mean that our allies have every reason to be leery about sharing information with us again.
But that’s the best-case scenario. We have to wonder, who else now knows the secrets designed to keep Americans safe? Multiple news stories during Trump’s presidency noted that even then, Mar-a-Lago was notoriously insecure. And, unthinkable though it should be but sadly is not, what if secret documents have already been given or sold into the hands of foreign actors whose interests conflict with ours?
I have been writing today about Trump’s first impeachment and the hearings where Marie Yovanovitch, Fiona Hill, and Alexander Vindman, immigrants all, who served our nation faithfully and fully, risked—and ultimately lost—their jobs to warn us that Trump was willing to compromise our national security for his own interests.
“He has betrayed our national security, and he will do so again,” House impeachment manager Adam Schiff warned the Senate. “You can’t trust [Trump] to do the right thing. Not for one minute, not for one election, not for the sake of our country. You just can’t. He will not change and you know it.” Schiff begged them to say “enough.”
But they would not, and they did not, and here we are.
Dem candidates should be hammering their repub opponents if they voted against impeachment. Absolutely hammering them 24/7 from now until Election Day. Hammer, hammer and hammer some more.
In a speech Thursday night, President Joe Biden called out today’s MAGA Republicans for threatening “our personal rights and economic security…. They’re a threat to our very democracy.” When he referred to them as “semi-fascists,” he drew headlines, some of them disapproving.
A spokesperson for the Republican National Committee called the comment “despicable,” although Republicans have called Democrats “socialists” now for so long it passes as normal discourse. Just this week, Senator Marco Rubio (R-FL) called Democrats "radical left-wing lunatics, laptop liberals, and Marxist misfits."
Biden’s calling out of today’s radical Republicans mirrors the moment on June 21, 1856, when Representative Anson Burlingame of Massachusetts, a member of the newly formed Republican Party, stood up in Congress to announce that northerners were willing to take to the battlefield to defend their way of life against the southerners who were trying to destroy it. Less than a month before, Burlingame's Massachusetts colleague Senator Charles Sumner had been brutally beaten by a southern representative for disparaging slavery, and Burlingame was sick and tired of buying sectional peace by letting southerners abuse the North. Enough, he said, was enough. The North was superior to the South in its morality, loyalty to the government, fidelity to the Constitution, and economy, and northerners were willing to defend their system, if necessary, with guns.
Burlingame’s “Defense of Massachusetts” speech marked the first time a prominent northerner had offered to fight to defend the northern way of life. Previously, southerners had been the ones threatening war and demanding concessions from the North to preserve the peace. He was willing to accept a battle, Burlingame explained, because what was at stake was the future of the nation. His speech invited a challenge to a duel.
Southerners championed their region as the one that had correctly developed the society envisioned by the Founders. In the South, a few very wealthy men controlled government and society, enslaving their neighbors. This system, its apologists asserted, was the highest form of human civilization. They opposed any attempt to restrict its spread. The South was superior to the North, enslavers insisted; it alone was patriotic, honored the Constitution, and understood economic growth. In the interests of union, northerners repeatedly ceded ground to enslavers and left their claim to superiority unchallenged.
At long last, the attack on Sumner inspired Burlingame to speak up for the North. The southern system was not superior, he thundered; it had dragged the nation backward. Slavery kept workers ignorant and godless while the northern system of freedom lifted workers up with schools and churches. Slavery feared innovation; freedom encouraged workers to try new ideas. Slavery kept the South mired in the past; freedom welcomed the modern world and pushed Americans into a new, thriving economy. And finally, when Sumner had spoken up against the tyranny of slavery, a southerner had clubbed him almost to death on the floor of the Senate.
Was ignorance, economic stagnation, and violence the true American system?
For his part, Burlingame preferred to throw his lot with education, morality, economic growth, and respect for government.
Burlingame had deliberately provoked the lawmaker who had beaten Sumner, Preston Brooks of South Carolina, and unable to resist any provocation, Brooks had challenged Burlingame to a duel. Brooks assumed all Yankees were cowards and figured that Burlingame would decline in embarrassment. But instead, Burlingame accepted with enthusiasm, choosing rifles as the dueling weapons. Burlingame, it turned out, was an expert marksman.
Burlingame also chose to duel in Canada, giving Brooks the opportunity to back out on the grounds that he felt unsafe traveling through the North after his beating of Sumner made him a hated man. The negotiations for the duel went on for months, but the duel never took place. Instead, Brooks, known as “Bully” Brooks, lost face as a man who was unwilling to risk his safety to avenge his honor, while Burlingame showed that northerners were eager to fight.
Forgotten now, Burlingame’s speech was once widely considered one of the most important speeches in American history. It marked the moment when northerners shocked southerners by calling them out for what they were, and northerners rallied to Burlingame’s call.
President Biden’s Twitter account has recently been taken over by new White House's Deputy Director of Platforms Megan Coyne, who garnered attention when she ran the official New Jersey Twitter account with attitude, and it seems as if the administration is taking the new saltiness out for a spin. “All the talk about the deficit from the same folks that gave an unpaid-for $2 trillion tax cut to the wealthy and big corporations. It makes you laugh,” the account said tonight. “Under my Administration, the deficit is on track to come down by more than $1 trillion this year.”
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Lots of news swirling around about the boxes of classified information Trump took from the United States and held at Mar-a-Lago, but the most telling window into all those stories is that the former president took to his Truth Social network this morning to demand that he be declared the winner of the 2020 election, or that the election be redone again “immediately!”
This is distraction at its purest—no one is going to redo the 2020 election—but it no longer works. As Trump has lost the power to command attention, his demands have gotten more and more outrageous. Gone are the days when he could make the media jump with a tweet. Not only is he banned from Twitter, but also his own Twitter clone, Truth Social, is in financial trouble. The stock of Digital World Acquisition, the company that planned to take Truth Social public, has dropped nearly 75% since its high in March, and last week the company reported that it had lost $6.5 million in the first six months of 2022. It has announced that it might be forced to liquidate, cutting off billions of dollars from the Trump Organization, which appears to be short of funds. The web service that hosts Truth Social claims that the company had not paid its bills since March.
Trump supporters are trying to turn the theft of secret documents into a political question. Today, Senator Lindsey Graham (R-SC) seemed to be trying to create a self-fulfilling prophecy when he warned that if Trump is prosecuted for his theft of classified information—a theft that would have any other American in terrible trouble—“there will be riots in the streets.” Graham, who is himself fighting a subpoena requiring him to testify in the Fulton County, Georgia, investigation into Trump’s attempt to overturn the 2020 election, tried to argue that law enforcement was out to get Trump, holding him to a standard it did not enforce for anyone else.
Graham referred to former secretary of state Hillary Clinton, implying that law officers had somehow gone easy on her over her use of a private email server. But, in fact, both the State Department and the FBI investigated her several times over that issue and concluded there was “no persuasive evidence of systemic, deliberate mishandling of classified information.” She cooperated with the investigations and turned over her devices and emails. No prosecutors charged her.
The question of the stolen documents is not about politics, but rather about the rule of law. When Graham threatens that gangs will take to the streets, he is saying that violence can overrule laws, a key sign of authoritarian rule. That sort of violence is not new to America. It dominated the Reconstruction South, of course, when white gangs terrorized their Black neighbors and the white men who voted as they did, suppressed labor organization at the turn of the last century, and fed rising fascism in the 1930s.
It has been a growing threat in the U.S. since the 1990s, as right-wing activists egged on by talk radio armed themselves against the federal government, but that violent organization took off under the former president, first as he condoned the violence at the August 2017 riots in Charlottesville, Virginia, and then as he urged on the “American Patriots” who demanded their state governments reopen their states during the early months of the coronavirus pandemic. Those gangs were Trump’s troops on January 6, 2021, and on that day they quite literally illustrated the attempt to use violence to overturn the rule of law at the heart of our democracy.
Such gangs have always operated in the U.S., and they gain power and momentum when they engage in violence and are unchecked. After several years in which they have seemed invulnerable, we are now in a period when, as we learned on Saturday, an armed man in a truck chased Independent Utah senatorial candidate Evan McMullin with a gun after an event in April and forced the vehicle carrying McMullin and his wife into oncoming traffic. That incident echoes one from October 2020, when a bus carrying Biden staffers and volunteers through Texas was harassed by Trump supporters, some of whom appeared to be trying to force it off the road. When the terrified Biden workers called the police, officers allegedly refused to help.
Part of restoring democracy is imposing the rule of law, which means treating everyone equally.
The Department of Justice, which under the former president weakened the rule of law for Trump’s political ends, appears to be working to restore that rule. Just today, a judge sentenced a Proud Boy who participated in the January 6 insurrection to 55 months in jail. Joshua Pruitt had an extensive criminal record and was on probation in two states at the time of the attack on the U.S. Capitol, when he came face to face with Senator Chuck Schumer (D-NY). His attorney wrote that “[o]n January 6, 2021 Mr. Pruitt, along with nearly 40,000 other participants, at the direction of President Donald J. Trump went to the Capitol,” and that now—after facing legal consequences—he “regrets his actions.”
Today the White House announced that on Thursday, President Joe Biden will give a prime-time address from Philadelphia on “the continued battle for the Soul of the Nation.” Outside Independence Hall, where the Founders wrote the Declaration of Independence and the Framers wrote the United States Constitution, Biden will tell Americans “how the core values of this nation—our standing in the world, our democracy—are at stake.” He will talk about “the progress we have made as a nation to protect our democracy, but how our rights and freedoms are still under attack. And he will make clear who is fighting for those rights, fighting for those freedoms, and fighting for our democracy.”
Biden’s use of the physical symbols of our democracy to defend its values is itself a statement about the return of the rule of law. The former president used our symbols not to reinforce the nation’s principles, but to shore up his own leadership. In August 2020, almost exactly two years ago, he held an extravaganza at the White House to accept his renomination for president. He used the backdrop of the White House; Vice President Mike Pence spoke at Fort McHenry, where Francis Scott Key wrote the Star-Spangled Banner; and First Lady Melania Trump spoke from the newly renovated Rose Garden—all in service to Trump.
Today, Tony Ornato, the Secret Service agent who crossed over to become a top aide in Trump’s White House and who was involved in the events of January 6, announced that he is retiring as of tomorrow.
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The big news until shortly before midnight tonight was that businesses do indeed seem to be coming home after the pandemic illustrated the dangers of stretched supply lines, the global minimum tax reduced the incentives to flee to other countries with lower taxes, and the passage of the CHIPS and Science Act and the Inflation Reduction Act spurred investment in technology.
Yesterday, Honda and LG Energy Solution announced they would spend $4.4 billion to construct a new battery plant in the U.S. to join the plants General Motors is building in Ohio, Michigan, and Tennessee; the ones Ford is building in Kentucky and Tennessee; the one Toyota is building in North Carolina; and the one Stellantis is building in Indiana. The plants are part of the switch to electric vehicles. According to auto industry reporter Neal E. Boudette of the New York Times, they represent “one of the most profound shifts the auto industry has experienced in its century-long history.”
Today, Kentucky governor Andy Beshear (D) announced that Kentucky has secured more than $8.5 billion for investment in the production of electric vehicle batteries, which should produce more than 8,000 jobs in the EV sector. “Kentuckians will literally be powering the future,” he said.
Also today, First Solar, the largest solar panel maker in the U.S., announced that it would construct a new solar panel plant in the Southeast, investing up to $1 billion. It credited the Inflation Reduction Act with making solar construction attractive enough in the U.S. to build here rather than elsewhere. First Solar has also said it will upgrade and expand an existing plant in Ohio, spending $185 million.
Corning has announced a new manufacturing plant outside Phoenix, Arizona, to build fiber-optic cable to help supply the $42.5 billion high-speed internet infrastructure investment made possible by the Bipartisan Infrastructure Act. AT&T will also build a new fiber internet network in Arizona.
The CHIPS and Science Act is spurring investment in the manufacturing of chips in the U.S. Earlier this month, Micron announced a $40 billion investment in the next eight years, producing up to 40,000 new jobs. Qualcomm has also committed to investing $4.2 billion in chips from the New York facility of GlobalFoundries. Qualcomm says it intends to increase chip production in the U.S. by 50% over the next five years. In January, Intel announced it would invest $20 billion, and possibly as much as $100 billion, in a chip plant in Ohio.
This investment is part of a larger trend in which U.S. companies are bringing their operations back to the U.S. Last week, a report by the Reshoring Initiative noted that nearly 350,000 U.S. jobs have come home this year. The coronavirus pandemic, Russia’s war on Ukraine, and China’s instability were the push to bring jobs home, while the Inflation Reduction Act and the CHIPS and Science Act were the pull. Dion Rabouin notes in the Wall Street Journal that this reshoring will not necessarily translate to blue-collar jobs, as companies will likely increase automation to avoid higher labor costs.
President Joe Biden’s record is unexpectedly strong going into the midterms, and he is directly challenging Republicans on the issues they formerly considered their own. Today, in Wilkes-Barre, Pennsylvania, he challenged the Republicans on their claim to be the party of law and order, calling out their recent demands to “defund” the FBI and saying he wants to increase funding for law enforcement to enable it to have more social workers, mental health care specialists, and so on.
He noted that law enforcement officers want a ban on assault weapons and that he would work to pass one like that of 1994. When that law expired in 2004, mass shootings in the U.S. tripled.
Then the president took on MAGA Republicans: “A safer America requires all of us to uphold the rule of law, not the rule of any one party or any one person.” He addressed Senator Lindsey Graham’s comment yesterday about how there would be violence if the Department of Justice (DOJ) indicted Trump. “Let’s be clear,” Biden said, “You hear some of my friends in the other team talking about political violence and how it’s necessary.” But violence is never appropriate, he said. “Never. Period. Never, never, never. No one should be encouraged to use political violence. None whatsoever.”
To audience applause, he called out those who supported the January 6 attack on the Capitol: “Don’t tell me you support law enforcement if you won’t condemn what happened on the 6th…. For God’s sake, whose side are you on?... You can’t be pro-law enforcement and pro-insurrection. You can’t be a party of law and order and call the people who attacked the police on January 6th ‘patriots.’ You can’t do it.”
While Biden is consolidating and pushing the Democrats’ worldview, the Republicans are in disarray. The revelation that former president Trump moved classified intelligence to the Trump Organization’s property at Mar-a-Lago has kept some of them sidelined, as they didn’t want to talk about the issue, and has forced others to try to justify an unprecedented breach of national security. Republican candidates for elected office who are not in deep red districts have been taking references to Trump (and to abortion restrictions) off their websites.
The deadly seriousness of what he has done is clear in part from the former president’s own behavior over it. Yesterday, he demanded to be made president or to have a do-over of the 2020 election; today, after constant reposting of conspiracy theories and defenses on his ailing Truth Social, he wrote: “Why are people so mean?”
The reason for his fear turned up tonight in a Department of Justice filing in response to his demand for the appointment of a special master to review the documents, and for the return of several of them to him. His requests gave the DOJ an opening to correct the record that he and his allies have been muddying.
This document replaced the economic news as today’s big story. The DOJ laid out the timeline behind the attempt of the U.S. government to recover the materials Trump took. First, officials from the National Archives and Records Administration (NARA) recognized that materials were missing and tried to get Trump to return them voluntarily. When he finally handed over 15 boxes, the officials recognized that some of the materials were “highly classified” and told the Department of Justice.
Trump delayed the FBI examination of the boxes, but when officials got into them, they recognized their haphazard storage threatened national security. They got evidence of more records at Mar-a-Lago, for which they obtained a grand jury subpoena. Trump’s representatives handed over a few more documents, and a lawyer certified that that was it—they had done a diligent search and now could confirm that there were no more documents left. They said there were no materials stored anywhere but a storeroom, but they refused to let agents look inside the boxes there.
It was a lie both that there were no more documents, and that materials were contained in the storeroom. The FBI learned there were still more documents, got a search warrant, and on August 8 seized from at least two locations 33 more boxes with more than 100 classified records—twice as many classified documents as Trump and his representatives had handed over under the subpoena.
The U.S. government spelled out that “those records do not belong to him”; they belong to the United States. It said that Trump never asserted that the records had been declassified or asserted any claim of executive privilege, and Trump’s representatives indicated they thought the documents were classified. It made a strong case that the former president and his lawyer obstructed the search for the documents.
Even more chilling than the words of the filing was the exhibit attached: a photo of SECRET, TOP SECRET, and SECRET/SCI files recovered from a container, spread out on a carpeted floor next to a banker’s box containing framed TIME magazine covers.
Trump has added Chris Kise, the former solicitor general of Florida, to his legal team. Although the Republican National Committee has been paying the former president’s legal bills since he left office, it will not pay the legal fees he racks up over this issue.
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Not saying that Trump supporters are desperately trying to find a way to spin his theft, and subsequent hiding, of classified documents from the U.S. government, but there was actually an op-ed today in a major paper suggesting that the documents described by the Department of Justice and shown in last night’s explosive photo were just props because stacks of paper make Trump feel important.
I’m going to do the author of that piece a favor and not link to it in the notes.
Shortly afterward, Trump tore the ground out from under that argument—and most of the others his supporters were trying to make—by posting a complaint on his Truth Social network about the FBI photo documenting the stolen classified documents. “There seems to be confusion as to the ‘picture’ where documents were sloppily thrown on the floor and then released photographically for the world to see, as if that’s what the FBI found when they broke into my home. Wrong! They took them out of cartons and spread them around on the carpet….”
Lawyers point out that this is an admission that he had the documents and knew it.
His lawyer Alina Habba then went onto the Fox News Channel to complain about the photo and said, “I’m somebody who has been in his office…. I do have firsthand knowledge…. I have never, ever, seen that…. That is not the way his office looks…. He has guests frequently there.” His office had classified information in it, and his lawyer just said he entertains guests there. This is an intelligence nightmare.
Tonight, just before the deadline of 8:00, Trump’s lawyers filed a response to yesterday’s filing by the Department of Justice about the classified intelligence he hid at Mar-a-Lago. His lawyers argued that the FBI’s struggle to recover stolen classified documents was “the standard give-and-take between former Presidents and NARA regarding Presidential library contents.”
In Alaska tonight, Mary Peltola, who is Yup’ik, won a special election for the House seat left vacant after the death of Republican Don Young. A tribal fisheries manager and close family friend of the Youngs, Peltola defeated former vice-presidential candidate Sarah Palin, who was endorsed by former president Trump, to become the first Democrat in 50 years and the first woman ever to hold the seat and, while she was at it, the first Native Alaskan ever elected to Congress. After winning Alaska’s House seat through ranked-choice voting, Peltola will again compete for it with Palin and her other challenger, Nick Begich III, in the regular election in November.
Executive Director of Voters of Tomorrow Santiago Mayer pointed out that the last time a Democrat sat in Alaska’s House seat was the same year the Supreme Court decided Roe v. Wade. “If that’s not a…sign,” he tweeted, “I don’t know what is.”
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This morning, former president Trump told a Newsmax host that he was “financially supporting” some of the rioters who attacked the U.S. Capitol on January 6, 2021, in an attempt to overturn the results of the 2020 presidential election. Calling it “disgraceful” that they are being prosecuted, he said that If reelected, he would look “very favorably at full pardons” for them and would apologize to them.
At a time when his supporters are increasingly calling for violence after the FBI executed a search warrant on the Trump Organization’s Mar-a-Lago property in order to recover classified documents, Trump is normalizing violence and suggesting that if he regains the presidency, he will protect those who fight on his behalf.
Today the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol wrote to former House speaker Newt Gingrich, asking him to appear before the committee voluntarily. Historians identify Gingrich’s rhetorical attacks on Democrats and on those Republicans he considered too moderate—Republicans in Name Only, or RINOs—as key to bleeding traditional Republicans out of party leadership in the 1990s.
The letter explained that the committee has learned that Gingrich was part of the effort to overturn the 2020 election. He apparently exchanged emails with Trump’s advisors, including Jason Miller and Trump’s son-in-law Jared Kushner, in which Gingrich provided “detailed input” on the scripting of television ads that deliberately pushed lies that the 2020 election was stolen. The ads encouraged people to pressure state officials to overturn the election.
Gingrich wrote: “The goal is to arouse the country’s anger through new verifiable information the American people have never seen before[.]... If we inform the American people in a way they find convincing and it arouses their anger[,] they will then bring pressure on legislators and governors.”
Gingrich was also apparently involved in the scheme to produce fake electors and did not let up even after the attack on the Capitol. That night, he emailed Trump’s chief of staff, Mark Meadows, to pursue the plan.
Today, Emma Brown of the Washington Post reported that Supreme Court Justice Clarence Thomas’s wife, Ginni Thomas, wrote not only to 29 lawmakers in Arizona to press them to overturn President Joe Biden’s victory by appointing their own electors rather than the ones the voters had chosen, but also to lawmakers in Wisconsin.
In Arizona, Jerod MacDonald-Evoy of the Arizona Mirror reported that Republican Senate candidate Blake Masters has hired two fake electors as part of his staff. Before the primary, Masters’s website read: “We need to get serious about election integrity. The 2020 election was a rotten mess—if we had had a free and fair election, President Trump would be sitting in the Oval Office today and America would be so much better off,” although he has since scrubbed it to read simply: “We need to get serious about election integrity.” Trump endorsed Masters.
Today the White House Twitter account reminded people that 147 congressional Republicans voted to challenge the results of the 2020 election even after the January 6 riot, retweeting the 2021 New York Times article listing them by name.
And yet there has been concern on Twitter tonight that President Joe Biden’s 24-minute prime-time speech on “The Continued Battle for the Soul of the Nation” was unfairly partisan.
Biden spoke from Philadelphia's Independence National Historical Park, which includes Independence Hall, where lawmakers created the Declaration of Independence and the U.S. Constitution.
There, the nation’s early leaders created a country based on equality and democracy, Biden said, and those principles made the United States “the greatest nation on Earth.” Now those principles are under assault, and “we do ourselves no favor to pretend otherwise.”
Biden offered a passionate defense of democracy, recalling Americans to their heritage: a fight for liberty that has preserved the nation through wars, depressions, and struggles to expand civil rights. That mission still drives us, he said, toward “an America that is more prosperous, free, and just.”
But “we must be honest with each other and with ourselves.”
Things are not normal, he said. And then he called out the elephant in the room: “Donald Trump and the MAGA Republicans represent an extremism that threatens the very foundations of our republic.”
As he has done in similar comments lately, Biden isolated the extremist MAGA Republicans from the rest of the country, while including mainstream Republicans in the larger body of Americans who still believe in democracy. But he acknowledged the truth that “the Republican Party today is dominated, driven, and intimidated by Donald Trump and the MAGA Republicans, and that is a threat to this country.”
They “do not respect the Constitution. They do not believe in the rule of law. They do not recognize the will of the people. They refuse to accept the results of a free election. And they’re working right now, as I speak, in state after state to give power to decide elections in America to partisans and cronies, empowering election deniers to undermine democracy itself.”
They “are determined to take this country backwards—backwards to an America where there is no right to choose, no right to privacy, no right to contraception, no right to marry who you love. They promote authoritarian leaders, and they fan the flames of political violence that are a threat to our personal rights, to the pursuit of justice, to the rule of law, to the very soul of this country.”
We are not powerless to combat these threats, Biden said. Far more Americans reject the extremism of MAGA Republicans than embrace it. He called for all Americans—”Democrats, independents, mainstream Republicans”—to reject government by violence, and instead work together to defend democracy and build a better future, one based in the Constitution, the rule of law, free and fair elections, the will of the people, honesty, decency, respect, patriotism, liberty, justice, hope, and possibility.
Biden listed the accomplishments of the past year and a half and echoed the line he has used since he ran for president: “There is not a single thing America cannot do—not a single thing beyond our capacity if we do it together.”
“The soul of America is defined by the sacred proposition that all are created equal in the image of God. That all are entitled to be treated with decency, dignity, and respect. That all deserve justice and a shot at lives of prosperity and consequence. And that democracy…must be defended, for democracy makes all these things possible. Folks, and it’s up to us.”
Our democracy is imperfect, Biden said, but “history and common sense tell us that opportunity, liberty, and justice for all are most likely to come to pass in a democracy.” “Our task,” he said, “is to make our nation free and fair, just and strong, noble and whole.”
“We just need to remember who we are. We are the United States of America.”
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Just a week ago, a judge ordered the release of the affidavit on which the FBI applied for a search warrant for Mar-a-Lago. That document revealed that Trump had taken highly classified documents from the government and held them in insecure locations. That document was horrifying, but it referred only to documents the government had already recovered, not the ones for which it would go on to search for on August 8.
Today the unsealing of a court filing revealed that the August 8 search turned up more than 11,000 documents or photographs that were not classified, 31 documents marked CONFIDENTIAL, 54 marked SECRET, and 18 marked TOP SECRET. In addition, agents found 48 empty folders marked CLASSIFIED, and 42 empty folders marked to be returned to a military aide. Those documents were not filed with the envelopes.
This story is unprecedented and explosive. As Sue Gordon, who was principal deputy director of national intelligence from 2017 to 2019, told MSNBC’s Nicolle Wallace yesterday, in addition to the potential for exposing national secrets, the exposure of the networks and techniques that were in those documents could unravel intelligence networks that took decades to build.
The implications for the destruction of our national security at Trump’s hands are enormous.
And yet, after President Joe Biden’s speech last night saying that “Donald Trump and the MAGA Republicans represent an extremism that threatens the very foundations of our republic,” Republicans have rushed to attack Biden as divisive, hateful, or disparaging of half the country, claiming far more support than they have. Biden offered them an off-ramp from this profound scandal, inviting them to stand on the side of defending democracy, and they refused it.
They have tied themselves to what looks like it is on the way to becoming the biggest attack on our national security in our history, but it is not clear to me that even remaining Republican voters will be okay with the compromise of our national security. National security used to be very important to Republicans.
Trump’s attorney general Bill Barr seemed today to be trying to get whatever is left of the Republican establishment to abandon the former president. He told two different Fox News Channel programs: “I…think for them to have taken things to the current point, they probably have pretty good evidence…. I think the driver on this from the beginning was…loads of classified information sitting in Mar-a-Lago. People say this was unprecedented, well it’s also unprecedented for a president to take all this classified information and put them in a country club.”
“I can’t think of a legitimate reason why they…could be taken…away from the government if they’re classified.” He added that he was “skeptical” that Trump had declassified the documents. “I think it’s highly improbable, [and]...if in fact he sort of stood over scores of boxes, not really knowing what was in them, and said ‘I hereby declassify everything in here,’ that would be such an abuse and…shows such recklessness it’s almost worse than taking the documents.”
Among all the Republican backlash over Biden’s speech, today, veteran CNN White House reporter John Harwood said:
“The core point he made in that political speech about a threat to democracy is true.
“Now, that’s something that’s not easy for us, as journalists, to say. We’re brought up to believe there’s two different political parties with different points of view and we don’t take sides in honest disagreements between them. But that’s not what we’re talking about. These are not honest disagreements. The Republican Party right now is led by a dishonest demagogue.
“Many, many Republicans are rallying behind his lies about the 2020 election and other things as well. And a significant portion—or a sufficient portion—of the constituency that they’re leading attacked the Capitol on January 6th. Violently.
“By offering pardons or suggesting pardons for those people who violently attacked the Capitol, which you’ve been pointing out numerous times this morning, Donald Trump made Joe Biden’s point for him.”
Shortly afterward, Harwood announced he was no longer with CNN.
A source told Dan Froomkin of Press Watch that Harwood had been told last month he was being let go, despite his long-term contract, and that he used his last broadcast to send a message.
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It was a beautiful afternoon and evening on the water... and a long enough kayaking trip that I have been sound asleep with my head on my writing table for a couple of hours. Going to take that as a sign that I should go to bed and finish the history of our intelligence system another day.
This is unfiltered, by the way-- this is exactly what the sunset looked like, with the water all pink and orange.
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One hundred and forty years ago, on September 5, 1882, workers in New York City celebrated the first Labor Day holiday with a parade. The parade almost didn’t happen: there was no band, and no one wanted to start marching without music. Once the Jewelers Union of Newark Two showed up with musicians, the rest of the marchers, eventually numbering between 10,000 and 20,000 men and women, fell in behind them to parade through lower Manhattan. At noon, when they reached the end of the route, the march broke up and the participants listened to speeches, drank beer, and had picnics. Other workers joined them.
Their goal was to emphasize the importance of workers in the industrializing economy and to warn politicians that they could not be ignored. Less than 20 years before, northern men had fought a war to defend a society based on free labor and had, they thought, put in place a government that would support the ability of all hardworking men to rise to prosperity.
By 1882, though, factories and the fortunes they created had swung the government toward men of capital, and workingmen worried they would lose their rights if they didn’t work together. A decade before, the Republican Party, which had formed to protect free labor, had thrown its weight behind Wall Street. By the 1880s, even the staunchly Republican Chicago Tribune complained about the links between business and government: “Behind every one of half of the portly and well-dressed members of the Senate can be seen the outlines of some corporation interested in getting or preventing legislation,” it wrote. The Senate, Harper’s Weekly noted, was “a club of rich men.”
The workers marching in New York City carried banners saying: “Labor Built This Republic and Labor Shall Rule it,” “Labor Creates All Wealth,” “No Land Monopoly,” “No Money Monopoly,” “Labor Pays All Taxes,” “The Laborer Must Receive and Enjoy the Full Fruit of His Labor,” ‘Eight Hours for a Legal Day’s Work,” and “The True Remedy is Organization and the Ballot.”
The New York Times denied that workers were any special class in the United States, saying that “[e]very one who works with his brain, who applies accumulated capital to industry, who directs or facilitates the operations of industry and the exchange of its products, is just as truly a laboring man as he who toils with his hands…and each contributes to the creation of wealth and the payment of taxes and is entitled to a share in the fruits of labor in proportion to the value of his service in the production of net results.”
In other words, the growing inequality in the country was a function of the greater value of bosses than their workers, and the government could not possibly adjust that equation. The New York Daily Tribune scolded the workers for holding a political—even a “demagogical”—event. “It is one thing to organize a large force of…workingmen…when they are led to believe that the demonstration is purely non-partisan; but quite another thing to lead them into a political organization….”
Two years later, workers helped to elect Democrat Grover Cleveland to the White House. A number of Republicans crossed over to support the reformer Cleveland, afraid that, as he said, “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people's masters.”
In 1888, Cleveland again won the popular vote-- by about 100,000 votes-- but his Republican opponent, Benjamin Harrison, won in the Electoral College. Harrison promised that his would be “A BUSINESS MAN’S ADMINISTRATION” and said that “before the close of the present Administration business men will be thoroughly well content with it….”
Businessmen mostly were, but the rest of the country wasn’t. In November 1892 a Democratic landslide put Cleveland back in office, along with the first Democratic Congress since before the Civil War. As soon as the results of the election became apparent, the Republicans declared that the economy would collapse. Harrison’s administration had been “beyond question the best business administration the country has ever seen,” one businessmen’s club insisted, so losing it could only be a calamity. “The Republicans will be passive spectators,” the Chicago Tribune noted. “It will not be their funeral.” People would be thrown out of work, but “[p]erhaps the working classes of the country need such a lesson….”
As investors rushed to take their money out of the U.S. stock market, the economy collapsed a few days before Cleveland took office in early March 1893. Trying to stabilize the economy by enacting the proposals capitalists wanted, Cleveland and the Democratic Congress had to abandon many of the pro-worker policies they had promised, and the Supreme Court struck down the rest (including the income tax).
They could, though, support Labor Day and its indication of workers’ political power. On June 28, 1894, Cleveland signed Congress’s bill making Labor Day a legal holiday.
In Chicago the chair of the House Labor Committee, Lawrence McGann (D-IL), told the crowd gathered for the first official observance: “Let us each Labor day, hold a congress and formulate propositions for the amelioration of the people. Send them to your Representatives with your earnest, intelligent indorsement [sic], and the laws will be changed.”
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Today, on the federal holiday of Labor Day, Judge Aileen M. Cannon of the U.S. District Court for the Southern District of Florida granted former president Trump’s request for a special master to review the nearly 11,000 documents FBI agents seized in their search of the Trump Organization’s property at Mar-a-Lago on August 8.
The special master will examine the documents, some of which have the highest classification markings, to remove personal items or those covered by attorney-client privilege or those that might be covered by executive privilege (although President Joe Biden, who holds the presidency and thus should be able to determine that privilege, has waived it). The order temporarily stops the Department of Justice from reviewing or using the materials as part of their investigation into Trump’s mishandling of classified information.
That is, a Trump-appointed judge, confirmed by the Senate on November 13, 2020, after Trump had lost the election, has stepped between the Department of Justice and the former president in the investigation of classified documents stolen from the government.
Legal analysts appear to be appalled by the poor quality of the opinion. Former U.S. acting solicitor general Neal Katyal called it “so bad it’s hard to know where to begin.” Law professor Stephen Vladeck told Charlie Savage of the New York Times that it was “an unprecedented intervention…into the middle of an ongoing federal criminal and national security investigation.” Paul Rosenzweig, a prosecutor in the independent counsel investigation of Bill Clinton, told Savage it was “a genuinely unprecedented decision” and said stopping the criminal investigation was “simply untenable.” Duke University law professor Samuel Buell added: “To any lawyer with serious federal criminal court experience…, this ruling is laughably bad…. Trump is getting something no one else ever gets in federal court, he’s getting it for no good reason, and it will not in the slightest reduce the ongoing howls that he’s being persecuted, when he is being privileged."
The judge justified her decision because she was “mindful of the need to ensure at least the appearance of fairness and integrity under the extraordinary circumstances presented.”
Energy and politics reporter David Roberts of Volts pointed out that this is a common pattern for MAGA Republicans. First, they spread lies and conspiracy theories, then they act based on the “appearance” that something is shady. “So this… judge says Trump deserves extraordinary, unprecedented latitude because of the ‘extraordinary circumstances’ and the ‘swirling questions about bias.’ But her fellow reactionaries were the only ones raising questions of bias! It’s a perfectly sealed feedback loop,” and one the right wing has perfected over “voter fraud.”
As political scientist Brendan Nyhan points out, bad-faith attacks on our democratic processes open the door for changing those processes.
Something else jumps out about the judge's construction, though: it makes MAGA Republicans the only ones whose sentiments matter. This is the same construction President Andrew Johnson used to justify his plan to end Reconstruction and remove troops from the South in December 1865. He told Congress that using the army to protect new governments there “would have divided the people into the vanquishers and the vanquished, and would have envenomed hatred rather than restored affection.” Missing from Johnson’s equation were the four million Black southerners who, in fact, welcomed the injection of the weight of the federal government into the former Confederate states.
The idea that Cannon felt obliged to reassure MAGA Republicans that Trump is being treated fairly, rather than the rest of us that the rule of law is being protected, redefines the American public and American principles.
The neutrality of the law is central to democracy. But it is increasingly under question as Republican-appointed judges make decisions that disregard settled law, and Cannon’s decision will not help. She actually singles out Trump as having a different relationship to the law than the rest of us in a number of ways, but especially when she expresses concern over how his reputation could be hurt by an indictment: “As a function of Plaintiff’s former position as President of the United States, the stigma associated with the subject seizure is in a league of its own. A future indictment, based to any degree on property that ought to be returned, would result in reputational harm of a decidedly different order of magnitude.”
This attack on the rule of law—the idea that the laws apply to everyone equally—has been underway since the administration of Ronald Reagan, when Attorney General Edwin Meese set out to, as he said, “institutionalize the Reagan revolution so it can’t be set aside no matter what happens in future presidential elections.” Contrary to established procedures at the Department of Justice, Reagan appointees began to quiz candidates for judgeships about their views on abortion and affirmative action, to tilt the direction in which the courts would rule.
The 1982 establishment of the Federalist Society, made up of lawyers determined to roll back the legal decisions of the post–World War II era, made it easier to tilt the courts. Those lawyers stood against what they called “judicial activism,” decisions that justified the expansion of a federal government that regulated business, provided a basic social safety net, protected civil rights, and promoted infrastructure.
As Republican policies grew less popular, party leaders focused not on adjusting their policies, but on filling judgeships with judges who would rule in their favor in lawsuits. This focus was so strong by the time of Trump’s predecessor, President Barack Obama, that then–Senate majority leader Mitch McConnell (R-KY) stalled confirmations for Obama’s nominees, banking on leaving vacancies for a new president to fill. Most dramatically, of course, he refused to permit a hearing for Obama’s nominee for a Supreme Court seat in March 2016, inventing a new rule that that date was too close to the upcoming November election to allow the nomination to proceed.
This left the seat free for Trump to appoint Neil Gorsuch, who could not make it through the Senate until McConnell used the so-called “nuclear option” to get rid of the filibuster for Supreme Court appointments, which enabled him to squeak through with just 51 votes.
Trump and McConnell—who was known for saying, “Leave no vacancy behind”—made reshaping the federal judiciary their top priority. McConnell approved the new judges with vigor, keeping the Senate confirming them during the pandemic, for example, even when all other business stopped. And he continued to push through appointments—like that of Judge Cannon—even after Trump lost the election.
Philosopher Jason Stanley of Yale University, best known for his 2018 book How Fascism Works, tweeted today: “Once you have the courts you can pretty much do whatever you want.”
Cannon’s decision addresses only the criminal investigation of the former president by the Department of Justice, and it is not clear how much of a delay it will create. While that is on hold, at least temporarily, the intelligence assessment by the Office of the Director of National Intelligence will proceed without check. It is still unclear what documents are missing, and who has had unauthorized access to the information Trump took.
This breach of our national security has the potential to be catastrophic.
Trump certainly appears to think the game is not yet over. Once again today, he attacked the FBI and the DOJ and demanded the results of the 2020 election be overturned.
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When President Joe Biden called out “Donald Trump and the MAGA Republicans” last Thursday as representative of “an extremism that threatens the very foundations of our republic,” he drew a clear line between those supporting the former president and those from all parties who support democracy. He quite deliberately drew a line between Trump supporters and “mainstream Republicans” who do not embrace the “extreme ideology” of their former allies.
Immediately, Trump supporters attacked the president and rushed to defend Trump, just as more news broke about his theft of classified documents and other presidential records when he left the White House. This tied the Republican Party to Trump, along with what is a stunning national security story that continues to unfold.
Just tonight we learned that FBI agents found a document detailing the military defenses of a foreign government, including its nuclear capabilities, during last month’s search of Mar-a-Lago. What is at stake here is not simply information about the U.S., or even information about the way our leaders conceive of what is best for the U.S. What is at stake is the security of the U.S. and our democratic allies. Some of the documents they found were so highly restricted that they required special clearances on a need-to-know basis. Trump kept them in boxes at Mar-a-Lago.
This situation is extraordinary, but yesterday, Senator Marco Rubio demonstrated his loyalty to Trump when he referred to Trump’s theft and mishandling of the documents as “a fight over storage of documents.” Rubio is the top Republican on the Senate Intelligence Committee.
Yesterday’s decision by Judge Aileen Cannon further illustrated the strength of the MAGA Republicans and their positions in places of power.
Cannon was nominated by Trump and confirmed after he lost the 2020 election. Yesterday she granted Trump’s request for a special master to review the government documents the FBI recovered from Mar-a-Lago on August 8. Today, Ian Millhiser at Vox explained that Cannon’s order could delay the FBI investigation by as much as years (other analysts argue that she has cut off only one avenue of investigation, so they believe it will not be that big a speedbump). The Department of Justice can appeal the decision, which Millhiser agrees with other legal analysts is “riddled with legal errors,” but an appeal would go to the 11th circuit, where Trump appointed 6 of the 11 judges who, if they wished, could further delay the case, and then agree with Cannon. The Department of Justice could then appeal to the Supreme Court: which now has a 6 to 3 Republican majority, three of whom Trump himself appointed.
Cannon’s order appears to have been intended to send a message. Bloomberg News legal and political reporter Zoe Tillman said today that seven senior officials who served in Republican administrations, including two former governors, a former attorney general, a former acting attorney general, and a former deputy attorney general, asked to send in a “friend of the court” brief in opposition to Trump’s request. Cannon denied their request, saying the court “appreciates the movants’ willingness to participate in this matter but does not find…[it]...warranted.”
Millhiser asked: “Why would a judge do this unless they are trying to advertise the fact that they are not open to opposing arguments? Just accept the…brief and then don’t read it if you don’t want to make a public spectacle out of not caring what anyone says.” Los Angeles Times legal affairs columnist Harry Litman said he didn’t think he’d ever seen a court reject a friend of the court brief before.
MAGA Republicans are standing behind Trump in his determination to overturn the 2020 election. In Michigan on Friday, six people filed a suit to order Governor Gretchen Whitmer and Secretary of State Jocelyn Benson to “work together to rerun the Michigan 2020 presidential election as soon as possible.” One of those joining the suit previously handed over her township’s vote tabulator to a group trying to prove “voter fraud” in the election.
And today, Zachary Cohen and Jason Morris of CNN reported that newly released surveillance video shows that on January 7, 2021, a Republican county official in Georgia escorted into her county’s election offices two operatives working with Trump’s attorneys to try to find voter fraud. That same day the voting systems were breached. The official, Cathy Latham, is under investigation for her role as a fake elector and has given conflicting testimony about her actions. Some of Trump’s allies in the fake election scheme seem also to have launched a multistate effort to gain access to voting machines after the 2020 election.
Lies about the election from right-wing media convinced these MAGA Republicans of the Big Lie that the election had been stolen, but documents emerging from the Dominion Voting Systems lawsuit against the Fox News Channel are illustrating that the people feeding those lies knew they were false. Dominion has sued the media giant for defamation, saying its hosts knew the stories they told of the voting machines switching votes were false and that it has been “irreparably harmed” by the lies that will lead to more than $600 million in lost profits over the next 8 years. The document production has yielded a November 2020 email from an FNC producer insisting that it must keep host Jeanine Pirro off the air because she was spreading conspiracy theories to back Trump’s lies that the election had been stolen.
And, today, New Mexico judge Francis J. Mathew ruled that Couy Griffin, the founder of Cowboys for Trump, must be removed from his office as Otero County commissioner for participating in the January 6 attack on the U.S. Capitol. In a lawsuit brought by New Mexico citizens, Mathew ruled that Griffin is disqualified for office under the Fourteenth Amendment, which prohibits from holding office anyone who had engaged in “insurrection or rebellion” against the country. This is the first time this clause has been enforced since 1869, and the first time a court has found the attack on the Capitol was an insurrection.
Now other Republicans are weighing in to suggest that, now that the lines have been made very clear indeed, they will stand with the Constitution if there is an attempt to take the government by force. Today, eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff published an open letter in the national security outlet War on the Rocks outlining the “principles of civilian control and best practices of civil-military relations.” The leading illustration was an image of the U.S. Constitution.
These former military leaders noted the many factors that have created “an exceptionally challenging civil-military environment,” and reiterated that “civilian control of the military is part of the bedrock foundation of American democracy.” They noted that “[t]he military—active-duty, reserve, and National Guard—have carefully delimited roles in law enforcement [that] must be taken only insofar as they are consistent with the Constitution and relevant statutes,” and that “[m]ilitary and civilian leaders must be diligent about keeping the military separate from partisan political activity.”
This is a calmer echo of the open letter the ten living former secretaries of defense published on January 3, 2021, in the Washington Post, which called for a peaceful transition of power after the 2020 election and seemed to warn colleagues not to back the former president’s attempts to create an uprising. They said: “Efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory. Civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic.”
Perhaps most notably, in an interview with Greg Sargent of the Washington Post, published today, longtime conservative Bill Kristol said that, at least in the short term, the Republican Party cannot be saved. “And,” he offered, “if we don’t have two reasonably healthy parties, the unhealthy party has to be defeated."
And, finally, the formula shortage has largely fallen out of the news, but the administration has not dropped the ball. Yesterday, the administration completed the twenty-second mission of Operation Fly Formula, which has now flown in more than 85 million 8-ounce bottle equivalents.
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Today, in Texas, U.S. District Judge Reed O’Connor undercut a key part of the Affordable Care Act, more popularly known as Obamacare. That law assigned to three different government bodies the task of deciding what preventative treatments—cancer screenings, vaccines, and so on—health plans must cover.
In Braidwood Management v. Secretary of Health and Human Services Xavier Becerra, various business owners and individuals opposed buying insurance that covered some of those treatments, citing either economic or religious grounds. Four individuals wanted to be able to buy health insurance that did not include PrEP drugs to prevent HIV infection, contraception, the HPV vaccine, or screenings and counseling for STDs and drug use. The plaintiffs say they do not need such care and being forced to participate in plans that cover that care “violates their religious beliefs by making them complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and one woman.”
Two Christian businesses have similar complaints, while one other business and one other individual simply say they don’t want or need this coverage. (One says his wife “‘is past her childbearing years,’ and neither he nor his family members ‘engage in the behaviors that makes [sic] this preventive treatment necessary.”)
O’Connor is famous for his decisions against the federal government. In a 2018 decision, he tried to get rid of the ACA altogether, but the Supreme Court upheld the law by a vote of 7–2. Today, in Braidwood Management v. Becerra, he decided that the members of one of the three panels deciding preventive treatments have been appointed unconstitutionally and upheld the argument that the PrEP requirement violated the plaintiffs’ religious rights. He reserved his ruling on how to fix these issues.
Also in the news today is Moore v. Harper, a North Carolina case about whether state legislatures alone have the power to set election rules even if those laws violate state constitutions. The case is currently before the Supreme Court, and friend of the court briefs are flowing in to make arguments either for Timothy Moore, speaker of the North Carolina House of Representatives, and the rest of the petitioners, or for defendant Rebecca Harper, a North Carolina voter, and the rest of the respondents.
The case comes from North Carolina, where the state supreme court rejected a dramatically partisan gerrymander by the Republican state legislature. Republicans say that the state court cannot stop the legislature’s carving up of the state because of the “independent state legislature doctrine.”
This is a new idea that caught on in 2015, when Republicans wanted to get rid of an independent redistricting commission in Arizona. It is based on the clause in the U.S. Constitution providing that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”
Until now, states have interpreted “legislatures” to mean the state’s general lawmaking processes, which include shared power and checks and balances among the three branches of state government. Now a radical minority insists that a legislature is a legislature alone, unchecked by state courts or state constitutions that prohibit gerrymandering.
Why now?
Democrats are actually far more popular than Republicans in most states, and they win elections that are statewide, like those for the U.S. Senate, governor, or U.S. president. But state legislatures control the way state districts are carved up, and after 2010, when Republicans made a concerted effort to take over state houses through a plan called Operation REDMAP, they gerrymandered the states they control to the point that Democratic voters cannot win the number of seats their votes reflect.
Biden narrowly won Georgia in 2020, for example, but a new districting map has given Republicans an advantage of at least 15 points for control of the state House of Representatives. Democrats will have to win the state by double digits in order to flip the House. That party power leads to extremist legislation, for once in power, legislators in safe seats can operate without fear of being voted out and can vote for measures that cater to their extremist base rather than to the wishes of the majority.
This partisan gerrymandering skews Congress as well. According to political scientist Jacob Grumbach of the University of Washington, North Carolina, for example, was actually a leader in expanding access to voting in the 1970s. But after Republicans captured the legislature in 2010, they changed election laws so dramatically that in 2018, Republicans won 49.3% of the vote and yet captured 77% (10 of 13) of the state’s seats in Congress.
Grumbach identifies 2010 as a crucial shift for democracy in a number of states. “It’s all about [Republican] control,” he says. “When the [Republican Party] wins your state, it will reduce democracy.” The changes don’t reflect major changes in the states themselves; rather, both the big money interests of the Republican Party and the electoral base, which is motivated by white identity politics, want to keep voting limited.
Those advancing the independent state legislature theory want to be able to gerrymander their states, but they also point to another clause of the Constitution. It says: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.” They advance the idea that the legislature can choose the state’s presidential electors regardless of which candidate the majority of the state’s voters choose.
This doctrine is, of course, what Trump and his allies pushed for to keep him in power in 2020: Republican state legislatures throwing out the will of the people and sending electors for Trump to Congress rather than the Biden electors the majority voted for.
Not surprisingly, those writing friend of the court briefs defending the independent state legislature doctrine are a who’s who of those who backed Trump’s effort to convince state officials to write slates of electors for Trump rather than Biden. They include America First Legal Foundation, which Democracy Docket identifies as connected to Trump advisor Stephen Miller and Trump’s chief of staff Mark Meadows; America’s Future (Trump’s national security advisor Michael Flynn); Claremont Institute’s Center for Constitutional Jurisprudence (John Eastman, author of the Eastman memo for overturning the 2020 election); Honest Elections Project (Leonard Leo); Public Interest Legal Foundation (Eastman and Trump lawyer Cleta Mitchell), Restoring Integrity and Trust in Elections (Trump’s attorney general Bill Barr), and so on.
In contrast, a conference consisting of the Supreme Court chief justices or chief judges of the courts of last resort of all 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands, urged the Supreme Court not to decide that the state legislatures could operate without any oversight. Relying on the long history of state court review of the legislatures’ decisions, including those over elections, it concluded that state courts had a traditional role to play in reviewing election laws under state constitutions.
Revered conservative judge J. Michael Luttig has been trying for months to sound the alarm that the independent state legislature doctrine is a blueprint for Republicans to steal the 2024 election. In April, before the court agreed to take on the Moore v. Harper case, he wrote: “Trump and the Republicans can only be stopped from stealing the 2024 election at this point if the Supreme Court rejects the independent state legislature doctrine…and Congress amends the Electoral Count Act to constrain Congress' own power to reject state electoral votes and decide the presidency.”
And yet in March, when the Supreme Court let the North Carolina Supreme Court’s decision against the radical map stay in place for 2022, justices Samuel Alito, Neil Gorsuch, Clarence Thomas, and Brett Kavanaugh indicated they are open to the idea that state courts have no role in overseeing the rules for federal elections.
In the one term Trump’s three justices have been on the court, they have decimated the legal landscape under which we have lived for generations, slashing power from the federal government, where Congress represents the majority, and returning it to states, where a Republican minority can impose its will. Thanks to the skewing of our electoral system, those states are now trying to take control of our federal government permanently.
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On this day in 1974, President Gerald Ford gave former president Richard M. Nixon “a full, free, and absolute pardon…for all offenses against the United States which he…has committed or may have committed or taken part in” during his time in the presidency.
In the pardon proclamation, Ford said he issued the pardon to help the nation heal from the trauma of the Watergate scandal. A trial would “cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.”
Ford’s pardon of Nixon removed from our democratic system the principle that all of us are accountable to the same laws.
Presidents, it appeared, were in a different category than the rest of us, and that encouraged future executives to push the boundaries of what was acceptable.
Under Ronald Reagan, the next Republican president after Nixon, members of the administration broke the law to sell arms to Iran in order to funnel the proceeds to the Contra insurgents fighting to overthrow the leftist government in Nicaragua. Fourteen administration officials were indicted and eleven convicted in the scandal, but when he became president, George H. W. Bush—himself implicated in the scandal—pardoned them on the advice of his attorney general, William Barr.
Lawrence Walsh, the independent prosecutor in the case, worried that pardoning the officials removed accountability and thus weakened American democracy. It “undermines…the principle…that no man is above the law,” he said. “It demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences.”
By 2004, President George W. Bush rejected any limitation on “the unitary executive branch.” The concept of the unitary executive said that, as head of his own branch of government, the president did not have to submit to any oversight or check by Congress.
Today we learned that a federal grand jury investigating the January 6 attack on the U.S. Capitol is now looking into Trump’s political action committee, “Save America,” to understand its fundraising, how its money was received, and how its money was spent. The PAC was organized immediately after the 2020 election and sought donations based on the idea that the election was stolen.
Also today, the Manhattan district attorney, Alvin L. Bragg, charged Trump ally Stephen K. Bannon with two felony counts of money laundering, two felony counts of conspiracy, and one felony count of a scheme to defraud, over his role in “We Build the Wall, Inc,” an organization that promised to bring former president Trump’s wall on the southern border of the U.S. into reality.
The organization raised millions of dollars to build the wall but instead funneled money to the organization’s president, Brian Kolfage, and others including Bannon, defrauding those who contributed to the effort.
Bannon was charged by the federal government in 2020, but Trump pardoned him before he went to trial. New York’s attorney general, Letitia James, noted today: “Regular, everyday Americans play by these rules, and yet too often powerful political interests, they ignore these rules. They think they are above the law, and the most egregious of them take advantage.”
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Today, President Joe Biden’s administration released an “economic blueprint” to show how the new laws and policies it has put in place “are rebuilding an economy that works for working families.”
The Biden-Harris Economic Blueprint notes that Biden and Vice President Kamala Harris took office in the midst of unprecedented crises, including “an economy that for many decades had been failing to deliver for working families—with workers and middle-class families left behind, stagnating wages and accelerating costs, crumbling infrastructure, U.S. manufacturing in decline, and persistent racial disparities.” In the past year and a half, it says, the Democrats have set the nation “on a new course,” investing in a historic economic recovery based on a long-term strategy to make lasting changes to the economy that will carry the nation into the future, making sure that no one is left behind.
The blueprint calls for empowering workers through unionization and new jobs; restoring the country’s manufacturing base by investing in infrastructure and clean energy; helping families by lowering costs and expanding access to affordable and high-quality health care, child care, education, housing, and so on; promoting industrial competition to open the way for entrepreneurs and bring down costs; and “rewarding work, not wealth,” by reforming taxation so that taxes do not go up on anyone who makes less than $400,000 a year, and that the wealthy and corporations pay their fair share.
This blueprint pulls together much of what Biden has been saying all along, and it is quite clear about what this means. What the blueprint calls “new architecture” must, it says, “replace the old regime.” The old system sent economic gains to the top while outsourcing industries, and the end of public investment hollowed out the middle class. The new system will drive “the economy from the bottom up and middle out” because that system “ensures that growth benefits everyone.”
While Biden and Harris are focused on the economy and the future, the Department of Justice is still handling crises created by the former president.
Yesterday the Department of Justice (DOJ) filed a motion to request a partial stay of Judge Aileen Cannon’s order last week, the one that said the DOJ couldn’t use the items the FBI seized when they searched the Trump property at Mar-a-Lago on August 8.
In her Civil Discourse newsletter, law professor, host of the Sisters In Law podcast, and former U.S. attorney Joyce White Vance explained that the DOJ has asked for that order to be stayed as far as it concerns the classified records. That request is separate from an appeal of the order itself to the Eleventh Circuit Court of Appeals, which the DOJ has indicated it will undertake. With the motion it filed yesterday, the DOJ wants the court to hold off on enforcing the judge’s order that the government can’t review and use the materials seized “for criminal investigative purposes,” and the part that says the government must turn the records over to a special master.
The DOJ pointed out that the intelligence community’s assessment of the damage done to our national security is tied together with the ongoing criminal investigation. Because the FBI is central to both, the judge’s order has shut down the national security review, which is vitally important to the country.
“In plain English,” Vance writes, “DOJ is asking how the guy who took the classified nuclear secrets he wasn’t entitled to have is harmed if law enforcement gets to look at those materials to protect our national security.”
The judge has given Trump’s lawyers until Monday to respond.
Meanwhile, at Just Security, Michael Stern points out that in Nixon v. GSA, everyone—including President Richard M. Nixon—agreed that “the very specific privilege protecting against disclosure of state secrets and sensitive information concerning military or diplomatic matters…may be asserted only by an incumbent President,” suggesting that Trump has no grounds to assert executive privilege over the classified information seized.
Also today, Judge Donald Middlebrooks of the U.S. District Court for the Southern District of Florida dismissed a lawsuit Trump launched in March 2022 against Hillary Clinton and a number of his favorite villains alleging that “the Defendants, blinded by political ambition, orchestrated a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hopes of destroying his life, his political career and rigging the 2016 Presidential Election in favor of Hillary Clinton.” The people he was suing dismissed his lawsuit, saying, “[w]hatever the utilities of [the Amended Complaint] as a fundraising tool, a press release, or a list of political grievances, it has no merit as a lawsuit.” The judge agreed and demolished the 193-page lawsuit as lacking evidence, legal justification, and good faith.
The lawsuit rehashed the Russia investigation, which Trump used to great effect during his term to deflect investigations into his wrongdoing. Two investigations, one by an independent investigation by Special Counsel Robert Mueller and another by the Republican-dominated Senate Intelligence Committee, revealed that Russia had attacked the U.S. presidential election in 2020 and that the Trump campaign had, at the very least, played along.
But by using the machinery of government, including by putting loyalists into key positions, Trump reversed reality to argue that he was an innocent victim and that the investigators were actually the ones who had broken the law. He and his allies saturated the media with accusations that government officials, including FBI agents—many of whom he named in this lawsuit—were members of the “Deep State,” out to get him.
Trump is resurrecting this old trope at a time when he is in the midst of yet another investigation for which the evidence against him is monumental. Now out of power, though, he has had to turn to the courts and, interestingly, contrived to get this case in front of Judge Cannon, who was rushed onto the court with very little experience after Trump had already lost the 2020 election.
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I was playing around in yesterday's post, because my "crazy rare find at Buddy's wharf" was, of course, Buddy himself.
Took yesterday off and am going to take tonight, too. First time since September 15, 2019, I've taken more than a single day off, but our wedding seems like a worthy occasion, no?
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
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Comments
This afternoon, President Joe Biden signed the Inflation Reduction Act into law. Almost immediately, it will produce results. A 30% tax credit for energy-efficient windows, heat pumps, or newer models of appliances will lower people’s energy costs; the cost of drugs will be capped at $2,000 per year for people on Medicare; and health care premiums will fall for certain Americans. In the longer term, it will be easier for the country to switch to renewable energy, and wealthy Americans and corporations will bear more of the tax burden than they have paid since the 2017 Trump tax cuts.
“The Inflation Reduction Act is now law,” Biden tweeted, “Giving Medicare the power to negotiate lower prescription drug prices. Ensuring wealthy corporations pay their fair share in taxes. And taking the biggest step forward on climate in our history.”
“This is a BFD,” former President Barack Obama tweeted.
“Thanks, Obama,” Biden responded.
They can be forgiven their irreverence because this act is indeed a big deal. It is an astonishing cap to the legislation the Democrats have passed with their squeaky thin majority in Congress. They have passed the American Rescue Plan, the Bipartisan Infrastructure Law, the CHIPS and Science Act, and now this, the Inflation Reduction Act.
Since President Ronald Reagan told Americans, “In this present crisis, government is not the solution to our problem; government is the problem,” Republicans have focused on proving that private enterprise is more efficient than government at providing the things Americans need. That argument has depended on preventing the government from legislating or addressing the things that people care about.
In his year and a half in office, Biden has demonstrated the opposite: that government can work. The measures that Democrats, and those Republicans who are willing to work across the aisle, have passed are enormously popular: lower medical costs, including a provision finalized today for over-the-counter hearing aids; bridge repair; broadband access; and investment in science.
“I feel like the media is having a hard time metabolizing the fact that this congress has been historically productive,” Senator Brian Schatz (D-HI) mused. “And acknowledging the size of these accomplishments, and the degree of difficulty,—it’s just hard to do accurately without sounding a bit left leaning.”
Democrats are demonstrating that the government is working, but for their ideology to make sense, the current-day Republican Party needs chaos. Chaos is what it is currently delivering.
Trump has continued to throw out more excuses for his theft of classified documents, recently suggesting his former chief of staff Mark Meadows is at fault for failing to organize a system to send documents to the National Archives and Records Administration and then suggesting that he had withheld the documents because he didn’t trust the “partisan Democrat appointees” who were “releasing thousands of his White House documents to the January 6 Committee in spite of his lawyers’ claims of executive privilege.”
Maggie Haberman at the New York Times broke the news today that Trump’s White House counsel and deputy White House counsel, Pat A. Cipollone and Patrick F. Philbin, have talked to the FBI in the last few months about the stolen documents. According to two witnesses, when Philbin tried to get him to return documents to the National Archives and Records Administration, Trump said, “It’s not theirs, it’s mine.”
Josh Campbell, CNN’s national security and law enforcement correspondent, said that Trump loyalists’ attacks on the FBI for its role in searching Mar-a-Lago for the classified documents Trump stole have taken a toll. “The head of the FBI Agents Association tells me threats against the bureau are ‘real’ and ‘imminent,’” Campbell tweeted. “The organization is demanding political leaders unequivocally denounce these attacks, insisting: ‘There is NO justification for targeting law enforcement in the United States.’"
In the search to figure out how and why the text messages from Secret Service members from the time around January 6, 2021, were purged, Inspector General Joseph Cuffari, who hid the destruction from Congress for more than a year, today refused to step down from the investigation. He also said that he would not provide the documents lawmakers wanted to see, or permit House committees to interview his colleagues.
And yet, Trump’s hold on the Republican Party is strong enough that his chosen candidate defeated Representative Liz Cheney in today’s Wyoming primary by about 34 points. Cheney voted with Trump more than 90% of the time during his term, but she took a stand against him after his attempt to overturn the results of the 2020 election. In a concession speech tonight, she told her supporters that two years ago she won the primary with 73% of the vote, and “could easily have done the same again. The path was clear. But it would have required that I go along with President Trump's lie about the 2020 election. It would have required that I enable his ongoing efforts to unravel a democratic system and attack the foundations of our Republic. That was a path I could not and would not take.”
She vowed to “do whatever it takes to ensure Donald Trump is never again anywhere near the Oval Office.”
Observers noted that the defeat of Cheney marks the passage of another establishment name from the ranks of Republican Party lawmakers. The Lincoln Project tweeted, "Tonight, the nation marks the end of the Republican Party. What remains shares the name and branding of the traditional GOP, but is in fact an authoritarian nationalist cult dedicated only to Donald Trump."
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“Last night, my father killed another political dynasty, and that’s the Cheneys. He first killed the Bushes, then he killed the Clintons. Last night he killed the Cheneys.” So Eric Trump, former president Donald Trump’s son, interpreted the primary loss by Representative Liz Cheney (R-WY) last night.
He is not wrong that the Republican Party has now been captured by extremists who reject the principles associated with that party. Trump’s statement reflects the reality that today’s MAGA crowd rejects the ideology of Reagan’s Republican Party, which was based in the idea—if not the actual execution—that the government must not interfere with markets. Far from trying to free up markets, Trump and those like him, including Florida governor Ron DeSantis, have used the government to punish businesses that don’t support their political policies and to reward those that do.
Using the government to reward friends and punish enemies is the province of authoritarians like Russia’s Vladimir Putin and Hungary’s Viktor Orbán, who spoke earlier this month in Texas at the Conservative Political Action Conference. MAGAs’ support for such tactics fits, as they have rejected the fundamental principles of American democracy.
The Declaration of Independence and the Constitution established that Americans have a right to consent to the government under which we live and that we are equal before the law. But today’s MAGA movement is based on the Big Lie that former president Trump won the 2020 election, and its adherents are currently engaged in the attempt to make sure that they can rig elections going forward, establishing a one-party state whose leaders can do as they wish.
And at least part of what they appear to want is the establishment of a state religion that overrides the rights of LGBTQ Americans and takes away women’s rights. Indeed, their vision looks much like that of Orbán, who maintains that secular democracy must be replaced by what he calls “Christian democracy,” or “illiberal democracy.”
While Eric Trump might see this as a triumph, others do not. Edward Luce of the Financial Times observed today: “I’ve covered extremism and violent ideologies around the world over my career. Have never come across a political force more nihilistic, dangerous & contemptible than today’s Republicans. Nothing close.”
Shocking though that observation was, it was nothing compared to what came next. General Michael Hayden, former director of the Central Intelligence Agency under presidents George W. Bush and Barack Obama, retweeted Luce and commented: “I agree. And I was the CIA Director[.]”
That this movement has dangerous designs on our government got more confirmation today when Jordan Libowitz and Lauren White of Citizens for Responsibility and Ethics in Washington (CREW) reported that the Secret Service had notice of a specific threat against House Speaker Nancy Pelosi days before the January 6 attack on the Capitol but didn’t tell the Capitol Police until 5:55 on the afternoon of that day, after the attack had happened.
On December 31 a Parler user posted, “January 6 starts #1776 all over again…Fight for EVERYTHING,” and included Pelosi in a list of “enemies.” Later, the account was more specific about the attack. On the evening of January 6, the Secret Service sent the information along to the Capitol Police with a note: “Good afternoon, The US Secret Service is passing notification to the US Capitol Police regarding discovery of a social media threat directed toward Speaker Nancy Pelosi.”
The Secret Service is under scrutiny because its agents’ texts from the period around the attack were erased from their phones, the phones of Acting Homeland Security Secretary Chad Wolf and Acting Deputy Secretary Ken Cuccinelli were wiped, and the Trump-appointed inspector general for the Department of Homeland Security, Joseph Cuffari, neglected to tell Congress of the destruction of evidence for more than a year and has refused to make his staff available to testify about the matter.
But it is not clear that the MAGA attempt to take over the government will stay behind Trump. Today, conspiracy theorist Alex Jones, who has recently been in the news for his defamation of the parents of a victim of the Sandy Hook shooting, announced on his show that he is switching his support to DeSantis. He was a staunch enough Trump supporter that he spoke at the January 5, 2021, rally in Washington, D.C., to fire up the crowd for the next day.
Almost on cue, Trump began to float the idea that he would release the surveillance tape of FBI agents recovering the stolen government documents from his Mar-a-Lago property in what seems to be an attempt to reclaim his base. The argument for releasing the tape is that his supporters will resent the federal officers milling around Trump’s property, feeding the idea he is a victim of political persecution. Other advisors warn that actually seeing just how many boxes of documents, including top secret documents, were recovered, will backfire.
"It's one thing to read a bunch of numbers on an inventory list, it's another to see law enforcement agents actually carrying a dozen-plus boxes out of President Trump's home knowing they probably contain sensitive documents. I don't see how that helps him," a person close to Trump told Gabby Orr, Sara Murray, Kaitlan Collins and Katelyn Polantz of CNN. It would fit the usual Trump pattern for him simply to say he is going to release it to generate stories that keep him in the news.
Trump's supporters’ willingness to find another candidate is likely, in part, a reflection of the legal trouble mounting for the former president.
Today, Trump campaign lawyer Rudy Giuliani testified for six hours before a grand jury in Fulton County, Georgia, that is investigating Trump's effort to overturn the results of the 2020 presidential election in Georgia. Giuliani alleged vote rigging in Georgia even after his theories had been proven fake.
Prosecutors have told Giuliani he is a target of the investigation, meaning it is possible he will be indicted. Ken Frydman, Giuliani's former press secretary, told CNN yesterday: "He knows he lied for his client, and he knows we all know…. I think, you know, at this point in his life, his goal is to die a free man."
Tomorrow the former chief financial officer of the Trump Organization, Allen Weisselberg, will plead guilty to 15 felonies associated with conspiring to avoid payroll taxes on $1.7 million over 15 years by taking pay in the form of school tuition for his grandchildren, a free apartment, a car, and so on. The deal with the Manhattan district attorney’s office lets him off with fines and a minimum of 100 days in jail, a very light sentence. In exchange, Weisselberg will testify against the Trump Organization in its upcoming October trial for related offenses, though not against Trump himself.
This deal seriously weakens the Trump Organization’s legal position in the case but leaves Trump and his family untouched. If the case undercuts the Trump family’s business-- its traditional financial base-- family members might be hoping to cement a new financial base in the American political system.
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On this day in 1920, the Tennessee legislature ratified the Nineteenth Amendment to the U.S. Constitution by the narrow vote of 50 to 49. A mirror of the Fifteenth Amendment protecting the right of Black men to vote, the new amendment read:
“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
“Congress shall have power to enforce this article by appropriate legislation.”
Like the momentum for the Fifteenth Amendment, the push for rights for women had taken root during the Civil War, as women backed the United States armies with their money, buying bonds and paying taxes; with their loved ones, sending sons and husbands and fathers to the war front; with their labor, working in factories and fields, and taking over from men in the nursing and teaching professions; and even with their lives, spying and fighting for the Union. In the aftermath of the war, as the divided nation was rebuilt, many of them expected they would have a say in how it was reconstructed.
But to their dismay, the Fourteenth Amendment explicitly tied the right to vote to “males,” inserting that word into the Constitution for the first time.
Boston abolitionist Julia Ward Howe, the author of the Battle Hymn of the Republic, was outraged. The laws of the age gave control of her property and her children to her abusive husband, and while far from a rabble-rouser, she wanted the right to adjust those laws so they were fair. In this moment, it seemed the right the Founders had articulated in the Declaration of Independence—the right to consent to the government under which one lived—was to be denied to the very women who had helped preserve the country, while white male Confederates and now Black men both enjoyed that right.
“The Civil War came to an end, leaving the slave not only emancipated, but endowed with the full dignity of citizenship. The women of the North had greatly helped to open the door which admitted him to freedom and its safeguard, the ballot. Was this door to be shut in their face?” Howe wondered.
The next year, Elizabeth Cady Stanton and Susan B. Anthony formed the National Woman Suffrage Association, and six months later, Lucy Stone and Julia Ward Howe founded the American Woman Suffrage Association.
The National Woman Suffrage Association wanted a larger reworking of gender roles in American society, drawing from the Seneca Falls Convention that Stanton had organized in 1848.
That convention’s Declaration of Sentiments, patterned explicitly on the Declaration of Independence, asserted that “all men and women are created equal” and that “the history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her,” listing the many ways in which men had “fraudulently deprived [women] of their most sacred rights” and insisting that women receive “immediate admission to all the rights and privileges which belong to them as citizens of these United States.”
While the National Woman Suffrage Association excluded men from its membership, the American Woman Suffrage Association made a point of including men equally, as well as Black woman suffragists, to indicate that they were interested in the universal right to vote, and only in that right, believing the rest of the rights their rivals demanded would come through voting.
The women’s suffrage movement had initial success in the western territories, both because lawmakers there were hoping to attract women for their male-heavy communities and because the same lawmakers were furious at the growing noise about Black voting. Wyoming Territory granted women the vote in 1869, and lawmakers in Utah Territory followed suit in 1870, expecting that women would vote against polygamy there. When women in fact supported polygamy, Utah lawmakers tried unsuccessfully to take their vote away, and the movement for women’s suffrage in the West slowed dramatically.
Suffragists had hopes of being included in the Fifteenth Amendment, but when they were not, they decided to test their right to vote under the Fourteenth Amendment in the 1872 election. According to its statement that anyone born in the U.S. was a citizen, they were certainly citizens and thus should be able to vote. In New York state, Susan B. Anthony voted successfully but was later tried and convicted—in an all-male courtroom in which she did not have the right to testify—for the crime of voting.
In Missouri, a voting registrar named Reese Happersett refused to permit suffragist Virginia Minor to register. Minor sued Happersett, and the case went all the way to the Supreme Court. The justices handed down a unanimous decision in 1875, deciding that women were indeed citizens but that citizenship did not necessarily convey the right to vote.
This decision meant the fat was in the fire for Black Americans in the South, as it paved the way for white supremacists to keep them from the polls in 1876. But it was also a blow to suffragists, who recast their claims to voting by moving away from the idea that they had a human right to consent to their government, and toward the idea that they would be better and more principled voters than the Black men and immigrants who, under the law anyway, had the right to vote.
For the next two decades, the women’s suffrage movement drew its power from the many women’s organizations put together across the country by women of all races and backgrounds who came together to stop excessive drinking, clean up the sewage in city streets, protect children, stop lynching, and promote civil rights.
Black women like educator Mary Church Terrell and journalist Josephine St. Pierre Ruffin, publisher of the Woman's Era, brought a broad lens to the movement from their work for civil rights, but they could not miss that Black women stood in between the movements for Black rights and women’s rights, a position scholar Kimberlé Crenshaw would identify In the twentieth century as “intersectionality.”
In 1890 the two major suffrage associations merged into the National American Woman Suffrage Association and worked to change voting laws at the state level. Gradually, western states and territories permitted women to vote in certain elections, until by 1920, Colorado, Utah, Wyoming, Idaho, Washington, California, Oregon, Arizona, Kansas, Alaska Territory, Montana, and Nevada, recognized women’s right to vote in at least some elections.
Suffragists recognized that action at the federal level would be more effective than a state-by-state strategy. The day before Democratic president Woodrow Wilson was inaugurated in 1913, they organized a suffrage parade in Washington, D.C., that grabbed media attention. They continued civil disobedience to pressure Wilson into supporting their movement.
Still, it took another war effort, that of World War I, which the U.S. entered in 1917, to light a fire under the lawmakers whose votes would be necessary to get a suffrage amendment through Congress and send it off to the states for ratification. Wilson, finally on board as he faced a difficult midterm election in 1918, backed a constitutional amendment, asking congressmen: "Shall we admit them only to a partnership of suffering and sacrifice and toil and not to a partnership of privilege and right?"
Congress passed the measure in a special session on June 4, 1919, and Tennessee’s ratification on this day in 1920 made it the law of the land. Twenty-six million American women had the right to vote in the 1920 presidential election.
Crucially, as the Black suffragists had known all too well when they found themselves caught between the drives for Black male voting and women’s suffrage, Jim Crow and Juan Crow laws meant that most Black women and women of color would remain unable to vote for another 45 years.
Yesterday the Department of Justice filed a friend of the court brief in the case of League of Women Voters v. Secretary of State of Florida alleging that “in the face of surging turnout in the 2020 election, the Florida Legislature responded by enacting provisions that impose disparate burdens on Black voters” when it imposed new voting restrictions.
A hundred years later, we are still fighting the same fights.
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There was no immediately pressing news today, so I got playing around for tonight's letter and fell down a bit of a rabbit hole in a field that isn't my usual turf. Since it's now 1:30 in the morning and I'm only half done, I'm going to post a picture and tackle it again tomorrow.
It definitely feels like late August here on the Maine coast....
[Photo by Buddy Poland.]
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
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Earlier this month, on August 2, House Speaker Nancy Pelosi and a Democratic delegation commanded headlines when they traveled to Taiwan, an independently governed East Asian country made up of 168 islands on which about 24 million people live, and which China claims. Since 1979 the U.S. has helped to maintain the defensive capabilities of the democratically governed area, although it has been vague about whether it would intervene if China attacks Taiwan.
Pelosi’s visit made her the highest-ranking U.S. politician to visit Taiwan since 1997, when Republican speaker Newt Gingrich visited the self-ruled island. Pelosi and a delegation of House Democrats who lead committees relevant to U.S. foreign relations—Gregory Meeks (NY), Mark Takano (CA), Suzan DelBene (WA), Raja Krishnamoorthi (IL), and Andy Kim (NJ)—visited Singapore, Malaysia, South Korea, and Japan. Taiwan was added quietly.
Since then, another, bipartisan, congressional delegation has visited Taiwan. Senator Ed Markey (D-MA); Representatives John Garamendi (D-CA), Alan Lowenthal (D-CA), and Don Beyer (D-VA); and Delegate Aumua Amata Coleman Radewagen (R–American Samoa) visited Taiwan earlier this week. Markey chairs the Senate Foreign Relations East Asia, Pacific, and International Cybersecurity Subcommittee, and Beyer is chair of the U.S. Congress Joint Economic Committee (JEC); the rest of the delegation represents people in or near the Pacific Ocean.
Before visiting Taiwan, Markey was in South Korea to talk about trade and technology, including the green technologies the U.S. is now funding through the Inflation Reduction Act, as well as “shared values and interests.”
There is a larger story behind these visits to Taiwan. Early this year, the Biden administration launched a new, comprehensive initiative in the Indo-Pacific. Beginning with the tsunami in the Indian Ocean in 2004, the U.S. began to work informally with the “Quad,” the Quadrilateral Security Dialogue, consisting of the U.S., Australia, India, and Japan. In 2016, Japan introduced the concept of a free and open Indo-Pacific.
When former president Trump withdrew the U.S. from the Trans-Pacific Partnership, he left the participants to continue without the U.S., which they did as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). He also left open the way for a free trade deal in the region dominated by China, called the Regional Comprehensive Economic Partnership Agreement, or RCEP, which went into effect on January 1, 2022.
This left the Biden administration with two politically poor choices: try to reestablish U.S. participation in the region through the CPTPP, which would have been hotly contested at home and thus unlikely to get through Congress, or let China dominate the region, with damaging long-term effects. So the administration found a third way.
After some complaints that the administration had focused its attention too closely on the Middle East and Europe, in February the Biden administration released a document outlining its “Indo-Pacific Strategy,” claiming that the U.S. is part of the Indo-Pacific region, which stretches from our Pacific coastline to the Indian Ocean. The area, the report says, “is home to more than half of the world’s people, nearly two-thirds of the world’s economy, and seven of the world’s largest militaries. More members of the U.S. military are based in the region than in any other outside the United States. It supports more than three million American jobs and is the source of nearly $900 billion in foreign direct investment in the United States. In the years ahead, as the region drives as much as two-thirds of global economic growth, its influence will only grow—as will its importance to the United States.”
The document notes the long history of the U.S. and the countries in the region, and it warns against the rising power of the People’s Republic of China there. The document promises to compete responsibly with China by balancing influence in the world, creating an environment in the region “that is maximally favorable to the United States, our allies and partners, and the interests and values we share.”
Crucially, the document focuses not on the trade deals that made the TPP so unpopular, but on ideological ones, promoting “a free and open Indo-Pacific,” where countries “can make independent political choices free from coercion.” The U.S. will contribute to that atmosphere, the document says, “through investments in democratic institutions, a free press, and a vibrant civil society,” by strengthening partnerships within the region and outside it, such as the European Union and the North Atlantic Treaty Organization (NATO). The plan promises that the U.S. will invest in the region through diplomacy, education, and security.
In May, President Joe Biden hosted the U.S.–Association of Southeast Asian Nations (ASEAN) Special Summit in the U.S. for the first time “to re-affirm the United States’ enduring commitment to Southeast Asia and underscore the importance of U.S.-ASEAN cooperation in ensuring security, prosperity, and respect for human rights.” And the State Department announced that “[t]he United States has provided over $12.1 billion in development, economic, health, and security assistance to Southeast Asian allies and partners since 2002, as well as over $1.4 billion in humanitarian assistance.”
Also in May, in Japan, Biden and a dozen Indo-Pacific nations announced a new, loose economic bloc, one that Commerce Secretary Gina Raimondo has called “by any account the most significant international economic engagement that the United States has ever had in this region.” The bloc includes the U.S., India, Japan, South Korea, Australia, Brunei, Indonesia, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam, but not Taiwan. These countries represent about 40% of the global economy.
The new plan promised to streamline supply chains, back clean energy, fight corruption, and expand technology transfers. But with no guaranteed access to U.S. markets, there was uncertainty about how effective the administration’s calls for better labor and environmental standards would be.
Meanwhile, Secretary of State Antony Blinken also traveled to the region in early August, making stops in Cambodia, where he attended the U.S.-ASEAN ministerial meeting, the East Asia Summit Foreign Ministers’ Meeting, and the ASEAN Regional Forum, and in the Philippines. Before leaving, he promised to “emphasize the United States’ commitment to ASEAN centrality and successful implementation of the ASEAN Outlook on the Indo-Pacific” and to “address the COVID-19 pandemic, economic cooperation, the fight against climate change, the crisis in Burma, and Russia’s war in Ukraine.”
Chinese leaders warned the U.S. there would be “serious consequences” if Pelosi visited, and pundits suggested that she was reckless for going. But both Biden and Blinken made it clear that any potential visit would not mean any change in U.S. policy toward Taiwan, and 26 Republican lawmakers made a public statement praising the visit and noting that it has precedent.
Pelosi’s visit seemed to echo Biden and Blinken’s focus on world democracy. She championed Taiwan as a leading democracy, “a leader in peace, security and economic dynamism: with an entrepreneurial spirit, culture of innovation and technological prowess that are envies of the world.” She explicitly said her visit was intended to reaffirm “our shared interests [in]...advancing a free and open Indo-Pacific region.” “By traveling to Taiwan, we honor our commitment to democracy: reaffirming that the freedoms of Taiwan—and all democracies—must be respected.”
When Pelosi’s plane landed, China immediately announced live fire operations nearby and cut certain diplomatic communications with the U.S. But Director of the Centre for Russia Europe Asia Studies Theresa Fallon noted that the Chinese blockade/live fire exercise “is likely to boomerang on Xi. This will…scare just about every other country in Asia,” she wrote on Twitter.
Yesterday, U.S. Ambassador to China Nicholas Burns, six months into the job, did his first television interview. Emphasizing that Pelosi’s visit was in keeping with longstanding history, he said, "We do not believe there should be a crisis in US-China relations over the visit—the peaceful visit—of the Speaker of the House of Representatives to Taiwan...it was a manufactured crisis by the government in Beijing. It was an overreaction.” Burns added that it is now "incumbent upon the government here in Beijing to convince the rest of the world that it will act peacefully in the future” and observed that “there's a lot of concern around the world that China has now become an agent of instability in the Taiwan Strait and that's not in anyone's interest."
As drought, coronavirus lockdowns, and the Russian invasion of Ukraine hamstring the Chinese economy, China’s domination of the region seems wobbly. Apple is currently talking to Vietnam about making Apple Watches and MacBooks, moving production away from China. Vietnam already builds Apple products, but these new contracts would upgrade the Vietnamese technical sector in advance of what are expected to be more contracts.
This week, the EU and Indonesia launched their first ever joint naval exercise in the Arabian Sea, with an announcement that “[t]he EU and Indonesia are committed to a free, open, inclusive and rules-based order in the Indo-Pacific region, underpinned by respect for territorial integrity and sovereignty, democracy, rule of law, transparency, freedom of navigation and overflight, unimpeded lawful commerce, and peaceful resolution of disputes. They reaffirm the primacy of international law, including the United Nations Convention on Law of the Sea (UNCLOS).”
The U.S. and Taiwan, which was not included in the earlier economic organization, will start formal trade talks in the fall.
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On August 21, 1831, enslaved American Nat Turner led about 70 of his enslaved and free Black neighbors in a rebellion to awaken his white neighbors to the inherent brutality of slaveholding and the dangers it presented to their own safety. Turner and his friends traveled from house to house in their neighborhood in Southampton County, Virginia, freeing enslaved people and murdering about 60 of the white men, women, and children they encountered. Their goal, Turner later told an interviewer, was “to carry terror and devastation wherever we went.”
State militia put down the rebellion in a couple of days, and both the legal system and white vigilantes killed at least 200 Black Virginians, many of whom were not involved in Turner’s bid to end enslavement. Turner himself was captured in October, tried in November, sentenced to death, and hanged.
But white Virginians, and white folks in neighboring southern states, remained frightened. Turner had been, in their minds, a well-treated, educated enslaved man, who knew his Bible well and seemed the very last sort of person they would have expected to revolt. And so they responded to the rebellion in two ways. They turned against the idea that enslavement was a bad thing and instead began to argue that human enslavement was a positive good.
And states across the South passed laws making it a crime to teach enslaved Americans to read and write.
Denying enslaved Black Americans access to education exiled them from a place in the nation. The Framers had quite explicitly organized the United States not on the principles of religion or tradition, but rather on the principles of the Enlightenment: the idea that, by applying knowledge and reasoning to the natural world, men could figure out the best way to order society. Someone excluded from access to education could not participate in that national project. Instead, that person was read out of society, doomed to be controlled by leaders who marshaled propaganda and religion to defend their dominance.
In 1858, South Carolina Senator James Henry Hammond explained that society needed “a class to do the menial duties, to perform the drudgery of life. That is, a class requiring but a low order of intellect and but little skill.”
But when they organized in the 1850s to push back against the efforts of elite enslavers like Hammond to take over the national government, members of the fledgling Republican Party recognized the importance of education. In 1859, Illinois lawyer Abraham Lincoln explained that those who adhered to the “mud-sill” theory “assumed that labor and education are incompatible; and any practical combination of them impossible…. According to that theory, the education of laborers, is not only useless, but pernicious, and dangerous.”
Lincoln argued that workers were not simply drudges but rather were the heart of the economy. “The prudent, penniless beginner in the world, labors for wages awhile, saves a surplus with which to buy tools or land, for himself; then labors on his own account another while, and at length hires another new beginner to help him.” He tied the political vision of the Framers to this economic vision. In order to prosper, he argued, men needed “book-learning,” and he called for universal education. An educated community, he said, “will be alike independent of crowned-kings, money-kings, and land-kings.”
When they were in control of the federal government in the 1860s, Republicans passed the Land Grant College Act, funding public universities so that men without wealthy fathers might have access to higher education. In the aftermath of the Civil War, Republicans also tried to use the federal government to fund public schools for poor Black and white Americans, dividing money up according to illiteracy rates.
But President Andrew Johnson vetoed that bill on the grounds that the federal government had no business protecting Black education; that process, he said, belonged to the states—which for the next century denied Black and Brown people equal access to schools, excluding them from full participation in American society and condemning them to menial labor.
Then, in 1954, after decades of pressure from Black and Brown Americans for equal access to public schools, the Supreme Court under Chief Justice Earl Warren, a former Republican governor of California, unanimously agreed that separate schools were inherently unequal, and thus unconstitutional. The federal government stepped in to make sure the states could not deny education to the children who lived within their boundaries.
And now, in 2022, we are in a new educational moment. Between January 2021 and January 2022, the legislatures of 35 states introduced 137 bills to keep students from learning about issues of race, LBGTQ+ issues, politics, and American history. More recently, the Republican-dominated legislature of Florida passed the Stop the Wrongs to Our Kids and Employees (Stop WOKE) Act, tightly controlling how schools and employee training can talk about race or gender discrimination.
Republican-dominated legislatures and school districts are also purging books from school libraries and notifying parents each time a child checks out a book. Most of the books removed are by or about Black people, people of color, or LGBTQ+ individuals.
Both sets of laws are likely to result in teachers censoring themselves or leaving the profession out of concern they will inadvertently run afoul of the new laws, a disastrous outcome when the nation’s teaching profession is already in crisis. School districts facing catastrophic teacher shortages are trying to keep classrooms open by doubling up classes, cutting the school week down to four days, and permitting veterans without educational training to teach—all of which will likely hurt students trying to regain their educational footing after the worst of the pandemic.
This, in turn, adds weight to the move to divert public money from the public schools into private schools that are not overseen by state authorities. In Florida, the Republican-controlled legislature has dramatically expanded the state’s use of vouchers recently, arguing that tying money to students rather than schools expands parents’ choices while leaving unspoken that defunded public schools will be less and less attractive. In June, in Carson v. Makin, the Supreme Court expanded the voucher system to include religious schools, ruling that Maine, which provides vouchers in towns that don’t have public high schools, must allow those vouchers to go to religious schools as well as secular ones. Thus tax dollars will support religious schools.
In 2022, it seems worth remembering that in 1831, lawmakers afraid that Black Americans exposed to the ideas in books and schools would claim the equality that was their birthright under the Declaration of Independence made sure their Black neighbors could not get an education.
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Today’s big news is an eye-popping $1.6 billion donation to a right-wing nonprofit organized in May 2020. This is the largest known single donation made to a political influence organization.
The money came from Barre Seid, a 90-year-old electronics company executive, and the new organization, Marble Freedom Trust, is controlled by Leonard A. Leo, the co-chair of the Federalist Society, who has been behind the right-wing takeover of the Supreme Court. Leo has also been prominent in challenges to abortion rights, voting rights, climate change action, and so on. He announced in early 2020 that he was stepping back from the Federalist Society to remake politics at every level, but information about the massive grant and the new organization was broken today by Kenneth P. Vogel and Shane Goldmacher of the New York Times.
Marble is organized as a nonprofit, so when Seid gave it 100% of the stock in Tripp Lite, a privately held company that makes surge protectors and other electronic equipment, it could sell the stock without paying taxes. The arrangement also likely enabled Seid to avoid paying as much as $400 million in capital gains taxes on the stock. Law professor Ray Madoff of Boston College Law School, who specializes in philanthropic policy, told the New York Times: “These actions by the super wealthy are actually costing the American taxpayers to support the political spending of the wealthiest Americans.”
This massive donation is an example of so-called “dark money”: funds donated for political advocacy to nonprofits that do not have to disclose their donors. In the 2010 Citizens United v. Federal Election Commission (FEC) decision, the Supreme Court said that limiting the ability of corporations and other entities to advertise their political preferences violates their First Amendment right to free speech. This was a new interpretation: until the 1970s, the Supreme Court did not agree that companies had free speech protections.
Now, nonprofit organizations can receive unlimited donations from people, corporations, or other entities for political speech. They cannot collaborate directly with candidates or campaigns, but they can promote a candidate’s policies and attack opponents, all without identifying their donors.
"I've never seen a group of this magnitude before," Robert Maguire of Citizens for Responsibility and Ethics in Washington (CREW) told Casey Tolan, Curt Devine, and Drew Griffin of CNN. "This is the kind of money that can help these political operatives and their allies start to move the needle on issues like reshaping the federal judiciary, making it more difficult to vote, a state-by-state campaign to remake election laws and lay the groundwork for undermining future elections." Our campaign finance system, he said, gives "wealthy donors, whether they be corporations or individuals, access and influence over the system far greater than any regular American can ever imagine."
It’s an interesting revelation at this particular juncture, when the Republican Party is splitting over former president Donald Trump. Today, a Colorado state senator switched from the Republican to the Democratic Party because he refuses to support the lie that Trump won the 2020 election. "I cannot continue to be a part of a political party that is okay with a violent attempt to overturn a free and fair election and continues to peddle claims that the 2020 election was stolen," Kevin Priola wrote. “We need Democrats in charge because our planet and our democracy depend on it.” Priola has thrown in his lot with those Republicans like Representatives Liz Cheney (R-WY) and Adam Kinzinger (R-IL).
Priola has voted with Democrats in the past, although he voted with the Republicans 90% of the time. His switch will make it more difficult for Republicans to retake control of the Colorado Senate. Governor Jared Polis, a Democrat, tweeted that he was proud to welcome Priola to the Democratic Party. “We are a broad tent party, always seeking good ideas from the left and right to move CO forward. Senator Priola is a strong leader on climate issues & will hopefully be even more effective on the Democratic side of the aisle.”
In contrast, Sean Paige, former spokesperson for the Colorado Republican Party, tweeted: “Kevin Priola a Democrat? Who knew, LOL? That's been an open 'secret' at the Statehouse since I worked there. He's beyond just a big phony; he's a squirrely and calculating opportunist. But I'm glad, for his conscience, that he finally came out of the closet.”
The new extremist Republican Party is driving away voters in part by this very sort of chaos. This afternoon, Trump’s lawyers asked a federal judge to stop the FBI from looking at the documents recovered from Mar-a-Lago until a special master reviews them. But the filing appeared to have been less about the law than about asserting power over the Republican Party. While legal analyst Bradley Moss called it “just garbage” legally, it stated its political principle at the start: “President Donald J. Trump is the clear frontrunner in the 2024 Republican Presidential Primary and in the 2024 General Election, should he decide to run.”
The motion reiterated the arguments he has made since the search warrant was carried out; Moss mused, “[t]he more I read Trump’s motion, the more I am completely confused and shocked he got three lawyers to risk their law licenses by filing this thing.”
Then, this evening, it turned out that the motion was likely intended to distract attention from a new story dropping from Maggie Haberman, Jodi Kantor, Adam Goldman and Ben Protess of the New York Times, who reported that Trump took more than 300 classified documents with him to Mar-a-Lago and that he went through the boxes himself in late 2021, meaning he was aware that he had taken classified documents out of the White House.
The National Archives and Records Administration recovered more than 150 classified documents in January 2022, including intelligence from the Central Intelligence Agency (CIA), the National Security Agency (NSA), and the FBI. Worried by the sheer number of those documents, the Department of Justice moved to get the rest. In June, Trump’s aides turned over a few dozen more, and Trump lawyer Christina Bobb signed a document asserting that, to the best of her knowledge, all the classified materials had been returned. They had not, of course, and on June 22 the Justice Department subpoenaed the security video tapes from the area, which showed people moving the documents. Hence the search warrant, which the FBI executed two weeks ago, finding yet more documents, including some in a closet in Trump’s office. Some had the highest possible level of classification. It remains unclear whether any U.S. documents remain at Mar-a-Lago.
Meanwhile, according to Andrew Desiderio of Politico, members of the Gang of Eight—the leaders of the House and Senate from each party, and the chairs and ranking members of the intelligence committees from both houses—want to know what was in those recovered files.
Finally, today, Dr. Anthony Fauci announced that he will be retiring from the National Institute of Allergy and Infectious Diseases, which he has led since 1984, in December. Fauci has served seven presidents, and after his work on HIV/AIDS, President George W. Bush awarded him the Presidential Medal of Freedom.
Nonetheless, today’s Republicans have tried to deflect blame for the nation’s poor response to the coronavirus pandemic from Trump to Fauci. After the announcement of the 81-year-old’s retirement, Representative Steve Scalise (R-LA) said: “It’s good to know that with his retirement, Dr. Fauci will have ample time to appear before Congress and share under oath what he knew about the Wuhan lab, as well as the ever-changing guidance under his watch that resulted in wrongful mandates being imposed on Americans.”
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Early this morning, right-wing journalist John Solomon posted on his website a letter dated May 10 from Debra Steidel Wall, the acting archivist of the United States, to Evan Corcoran, a lawyer for former president Trump. Just why the Trump camp leaked the letter is unclear because it is a damning revelation of the extent of the stolen documents and Trump’s refusal to return them.
Wall was responding to Trump’s request that the National Archives and Records Administration (NARA) continue to withhold from the FBI the records NARA had recovered at that point from Mar-a-Lago. She noted that NARA had worked to recover those records throughout 2021 and, when they finally got them, “identified items marked as classified national security information, up to the level of Top Secret and including Sensitive Compartmented Information and Special Access Program materials.”
These are highly secret and sensitive materials, and Trump wanted to delay review of them while he decided if he was going to assert executive privilege over them. Wall rejected that argument, pointing out that he could hardly keep them out of the hands of the current president.
“The question in this case is not a close one,” she wrote. “The Executive Branch here is seeking access to records belonging to, and in the custody of, the Federal Government itself, not only in order to investigate whether those records were handled in an unlawful manner but also, as the National Security Division explained, to ‘conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps.’ These reviews will be conducted by current government personnel who…are sensitive to executive concerns.”
This was no small cache of documents. In the boxes then at issue were more than 100 classified documents. They made up more than 700 pages of classified material. Since then, of course, the FBI has recovered yet more classified documents.
The New York Times reported last night that Trump resisted returning the documents, calling them “mine.”
Also in today’s news, a federal jury found Barry Croft and Adam Fox guilty of several crimes in the summer 2020 plot to kidnap Michigan governor Gretchen Whitmer. The jury found Croft guilty of kidnapping conspiracy, conspiracy to use a weapon of mass destruction, and possession of an unregistered destructive device. It found Fox guilty of kidnapping conspiracy and conspiracy to use a weapon of mass destruction.
The men were part of a plot to kidnap Whitmer at her summer home and to blow up a bridge that would stop rescuers from reaching her. They hoped to spark a second American Revolution.
In a federal court in Louisville, Kentucky, former detective Kelly Goodlett pleaded guilty to one count of conspiracy. She admitted that she knew another officer’s statement that Breonna Taylor’s former boyfriend was receiving packages at Taylor's house was false, and yet did not object when the officer put it in an application for a search warrant. That warrant sparked the March 2020 raid that left Ms. Taylor dead.
And in Tennessee a federal grand jury has indicted Republican former house speaker Glen Casada and his aide Cade Cothren on 20 counts of federal bribery, kickback, theft, wire fraud, and money laundering for a scheme that began in 2019.
The Biden administration is reasserting the rule of law in the United States.
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Yesterday’s elections suggest that American voters are concerned about the past year’s radicalization of the Republican Party. In a special election for a seat in the House of Representatives in a New York state swing district, the 19th congressional district, Democrat Pat Ryan beat his Republican opponent. Pundits looked at the race as a bellwether (named for the wether, or castrated sheep, fitted with a bell to indicate where the flock was going), and most thought the Republican would win, as he was a strong candidate and the midterm election in a president’s first term usually goes to the opposite party.
Ryan’s opponent emphasized inflation and crime, but Ryan told Greg Sargent of the Washington Post: “We centered the concept of freedom…. When rights and freedoms are being taken away from people,” Ryan told Sargent, they “stand up and fight.” The Supreme Court’s Dobbs v. Jackson Women’s Health decision of two months ago overturning the 1973 Roe v. Wade decision that protected abortion rights was a key sign of the erosion of freedom. Ryan told Sargent that “ripping away reproductive rights from tens of millions of people” was “visceral.”
So, too, are gun safety and threats to democracy. “There’s sort of this power grab of the far, far right,” Ryan told Sargent. “It’s just wildly out of step with where the vast majority of Americans are.”
This is the fourth special election since the Dobbs decision that has shown at least a two-point movement toward the Democrats. A referendum on preserving abortion rights in Kansas also went to those in favor of them.
Tom Bonier, who runs the political data firm TargetSmart, noted that women have outregistered men to vote since the Dobbs decision by large margins: 11 points in Ohio, for example. And a Pew poll released yesterday shows that 56% of voters say that the right to abortion is very important to them for their midterm votes, up from 46% before the Dobbs decision.
The trend is clear, but so is the reality that a number of states are operating under extreme Republican gerrymanders—some, like those in Alabama, Georgia, Louisiana, and Ohio, still in force although the state judges have said they are illegal—that will give Republicans a structural advantage.
Biden administration officials are currently touring the country to call attention to how the administration is “Building a Better America.” In 35 trips to 23 states, they will “make clear that the President and Congressional Democrats beat the special interests and delivered what was best for the American people.” They are emphasizing the bipartisan infrastructure bill, the CHIPS and Science Act, the Inflation Reduction Act, the gun safety law, and so on. They are urging Americans to unite not by party, but against the extremism on display in the leadership of the current Republican Party. “Every step of the way, Congressional Republicans sided with the special interests—pushing an extreme MAGA agenda that costs families.”
Since the 1980s, Republicans have argued for cutting public programs because they cost too much money, while also arguing that tax cuts for the wealthy would pay for themselves by expanding the economy, thus increasing tax revenues. It has never worked—when government computers showed that President Ronald Reagan’s first tax cut would explode the deficit, the budget director simply reprogrammed them—but that has not stopped the Republicans from passing repeated tax cuts for the wealthy, one as recently as December 2017.
Republicans have warned that the massive investment the Democrats have made in the country during Biden’s term would rack up enormous deficits. But, in fact, today the Office of Management and Budget forecast that this year’s budget deficit will decline by $1.7 trillion, the single largest drop in the deficit in U.S. history. (The record deficit was $3.13 trillion in 2020, during the worst of the coronavirus pandemic.) This number is simply a benchmark, and the deficit remains at $1.03 trillion, but it suggests that numbers are currently moving downward.
Today, Biden announced another key change in American policy, this time in education. The Department of Education will cancel up to $20,000 of student debt for Pell Grant recipients with loans held by the federal government and up to $10,000 for other borrowers. Pell Grants are targeted at low-income students. Individuals who make less than $125,000 a year or couples who make less than $250,000 a year are eligible. The current pause on federal student loan repayment will be extended once more, through the end of 2022, and the Education Department will try to negotiate a cap on repayments of 5% of a borrower’s discretionary income, down from the current 10%.
The Department of Education estimates that almost 90% of the relief in the measure will go to those earning less than $75,000 a year, and about 43 million borrowers will benefit from the plan.
Opponents of the plan worry that it will be inflationary and that it will not address the skyrocketing cost of four-year colleges. But its supporters worry that the education debt crisis locks people into poverty. They also note that there was very little objection to the forgiveness of 10.2 million Paycheck Protection Program (PPP) loans issued as of July 2022, with $72,500 being the average dollar amount forgiven.
The administration’s plan is a significant pushback to what has happened to education funding since the 1980s. After World War II, the U.S. funded higher education through a series of measures that increased college attendance while also keeping prices low. Beginning in the 1980s, that funding began to dry up and tuition prices rose to make up the difference.
A college education became crucial for a high-paying job, but wages didn’t rise along with the cost of tuition, so families turned to borrowing. Many of them choose the lowest monthly repayment amounts, and some put their loans on hold, meaning their debt balances grow far beyond what they originally borrowed. The shift to “high-tuition, high-aid” caused a “massive total volume of debt,” Assistant Professor of Economics Emily Cook of Tulane University told Jessica Dickler and Annie Nova of CNBC in May. Today, around 44 million Americans owe about $1.7 trillion of educational debt.
Because of the wealth gap between white and Black Americans—the average white family has ten times the wealth of the average Black family—more Black students borrow to finance their education.
Canceling a portion of student debt is a resumption of the older system, ended in the 1980s, under which the government funded cheaper education in the belief it was a social good. In his explanation of the plan, White House National Economic Council Director Bharat Ramamurti told reporters today that “87% of the dollars…are going to people making under $75,000 a year, and 0 dollars, 0%, are going to anybody making over $125,000 in individual income.” He told them it was “instructive” to compare this plan “to what the Republican tax bill did in 2017. It’s basically the reverse. Fifteen percent of the benefits went to people making under $75,000 a year, and 85% went to people making over $75,000 a year. And if you zoom in even more on that, people making over $250,000 a year got nearly half of the benefits of the GOP tax bill and are getting 0 dollars under our [plan].”
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Today, legal news about the former president and members of his team revealed a group of people who appear to have ignored the law.
The stories began with the release of the Department of Justice (DOJ) memo written for Trump’s attorney general Bill Barr arguing that Trump should not be charged with obstruction of justice over his attempts to shut down the Russia investigation despite his firing of Federal Bureau of Investigation (FBI) director James Comey, urging of witnesses not to “flip,” hints of pardons to those who stayed quiet, and so on. The memo seems clearly to have been a whitewash to justify Barr’s predetermined decision not to prosecute, illustrating the dangerous politicization of the DOJ.
The memo argued that because special counsel Robert Mueller did not find enough evidence to charge Trump with conspiring with Russia, there was no crime committed, and thus Trump could not be charged with obstruction. In fact, Mueller noted in the report that the investigation was hampered by the president’s allies who refused to cooperate. Andrew Weissman, a 20-year veteran of the Department of Justice who worked on the Mueller investigation, concluded: “Key ‘reasoning’ of…memo: if you successfully obstruct an investigation, you cannot be charged with obstruction as you were not charged with the crime under investigation. Future defendants will have a field day with this memo unless DOJ repudiates it soon.”
Harry Litman, former U.S. attorney and now legal affairs columnist for the Los Angeles Times, noted that the principal author of the memo, Steven Engel, “is too good a lawyer not to have known what was going on. In a way, the most important words in the memo are the first 3: ‘at your request.’ This was a political mission.”
And then there is the attempt of Republican operatives to smear their opponents. Today, the U.S. attorney’s office for the Southern District of New York announced that two people have pleaded guilty to stealing the diary and other personal property of then-candidate Joe Biden’s daughter and selling it for $40,000 to James O’Keefe’s Project Veritas. In the process, they transported the material across state lines and then, at the request of the person to whom they sold it, went back to get more. They pleaded guilty to conspiracy to commit interstate transportation of stolen property, and will cooperate with authorities.
The attempt to overturn the 2020 presidential election results is also in legal news.
Senator Lindsey Graham (R-SC) is arguing in court that the judge should not let a grand jury question the senator “on all the topics” covered by its recent subpoena of his testimony in the investigation of the Trump campaign’s attempt to overturn the 2020 presidential election results in Georgia. Graham argues that the Speech or Debate Clause of the U.S. Constitution, which says that congress members “shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place,” means he cannot be questioned about his two phone calls to Georgia secretary of state Brad Raffensperger about throwing out mail-in ballots in that state.
For Graham’s argument to prevail, he will have to convince the court that his calls to Raffensperger were part of his legitimate congressional work, rather than part of the efforts of Trump’s campaign to overturn the election, actions outside the scope of Graham’s congressional duties.
Lawyer Kenneth Chesebro, who helped to invent the false electors plan to overturn the results of the 2020 election, is refusing to talk to the grand jury, arguing that he has an attorney-client relationship with the Trump campaign and saying the campaign had “instructed” him to maintain confidentiality. But Chesebro never received any payment, and it is unclear whether he was officially working for the campaign.
Meanwhile, Fulton County, Georgia, district attorney Fani Willis filed petitions today to require Trump chief of staff Mark Meadows, Trump lawyer Sidney Powell, Meadows ally James “Phil” Waldron, and Trump campaign advisor Boris Epshteyn to testify before the special grand jury next month.
Finally, the top secret documents Trump stole from the government: Today the DOJ submitted to the court a redacted version of the affidavit it used to obtain a search warrant for Trump’s Florida property Mar-a-Lago earlier this month. The judge has ordered the release of the document by noon tomorrow. Trump had publicly demanded the release of the affidavit but had not actually asked the court to release it. Instead, he has whipped up his followers against the FBI.
With these headlines from the Republican Party, and coming on the heels of a spectacular few months for the Democrats, the Biden administration came out today swinging against MAGA Republicans.
First, after a day of Republican congress members railing against yesterday’s educational loan forgiveness of up to $20,000 for Pell Grant recipients and $10,000 for others, the White House tweeted a thread of those members alongside the amount of Paycheck Protection Program (PPP) money those individuals were forgiven.
Representative Marjorie Taylor Greene (R-GA) said: “For our government just to say ok your debt is completely forgiven.. it’s completely unfair.” Greene had $183,504 in PPP loans forgiven.
Representative Vern Buchanan (R-FL) said: “Biden’s reckless, unilateral student loan giveaway is unfair to the 87 percent of Americans without student loan debt and those who played by the rules.” Buchanan had more than $2.3 million in PPP loans forgiven.
Representative Markwayne Mullin (R-OK) said: “We do not need farmers and ranchers, small business owners, and teachers in Oklahoma paying the debts of Ivy League lawyers and doctors across the U.S.” Mullin had more than $1.4 million in PPP loans forgiven.
Representative Kevin Hern (R-OK) said: “To recap, in the last two weeks, the ‘Party of the People’ has supercharged the IRS to go after working-class Americans, raised their taxes, and forced them to pay for other people's college degrees.” Hern had more than $1 million in PPP loans forgiven.
Representative Mike Kelly (R-PA) said: “Asking plumbers and carpenters to pay off the loans of Wall Street advisors and lawyers isn’t just unfair. It’s also bad policy.” Kelly had $987,237 in PPP loans forgiven.
Representative Matt Gaetz (R-FL) said: Everyone knows that in a $60 Billion+ European land war, it's always the last $3 Billion that kicks in the door….” Gaetz had $482,321 in PPP loans forgiven.
Then Biden gave a barn-burning speech to the Democratic National Committee in Rockville, Maryland, clearly dividing the Republican Party between the MAGAs and mainstream Republicans. The MAGA philosophy is “semi-fascism,” he said, and we are seeing either its beginning or death knell.
“I want to be crystal clear about what’s on the ballot this year. Your right to choose is on the ballot this year. The Social Security you paid for from the time you had a job is on the ballot. The safety of our kids from gun violence is on the ballot…. The very survival of our planet is on the ballot. Your right to vote is on the ballot. Even…democracy.”
“The MAGA Republicans don’t just threaten our personal rights and economic security,” he said. “They’re a threat to our very democracy. They refuse to accept the will of the people. They embrace…political violence. They don’t believe in democracy.”
“This is why in this moment, those of you who love this country—Democrats, Independents, mainstream Republicans—we must be stronger,” he said.
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The Department of Justice (DOJ) today released the redacted affidavit that persuaded a judge to agree to issue a search warrant for FBI agents to look for classified documents at Mar-a-Lago, the property owned by the Trump Organization in Florida.
It was bad.
The affidavit explained to the judge the history behind the FBI’s request.
On February 9, 2022, the National Archives and Records Administration (what did I say about archivists?) told the DOJ that after seven months of negotiations, on January 18 it had received 15 boxes of material that former president Trump had held at Mar-a-Lago. Those boxes contained “highly classified documents,” including some at the very most secret level of our intelligence: those involving our spies and informants.
In those initial 15 boxes, FBI personnel found 184 classified documents. Sixty-seven were labeled CONFIDENTIAL, 92 were SECRET, 25 were TOP SECRET. Some were marked SCS, FISA, ORCON, NOFORN, and SI, the very highest levels of security, involving human intelligence, foreign surveillance, intelligence that cannot be shared with foreign governments, and intelligence that is compartmented to make sure no one has full knowledge of what is in it. The former president had made notes on “several” of the documents.
On June 8, 2022, a DOJ lawyer wrote to Trump’s lawyer to reiterate that Mar-a-Lago was not authorized to store classified information, and warned that the documents were not being handled properly. The DOJ lawyer asked that the material be secured in a single room at Mar-a-Lago “in their current condition until further notice.”
Trump’s lawyers told the DOJ that presidents have the absolute authority to declassify documents—this is not true, by the way—but did not assert he had done so.
The FBI opened a criminal investigation “to, among other things,” figure out how the classified records were taken from the White House and ended up at Mar-a-Lago, and to determine if other classified records might have been improperly taken and stored, and to figure out who might have taken and mishandled them.
They concluded that there was good reason to think that more classified records remained at Mar-a-Lago and that investigators would find evidence that Trump and his allies were obstructing the government’s effort to recover the material. The person who made the affidavit said they were a special agent with the FBI, “familiar with efforts used to unlawfully collect, retain, and disseminate sensitive government information, including classified N[ational] D[efense] I[nformation].” They swore that “there is probable cause to believe” that locations at Mar-a-Lago “contain evidence, contraband, fruits of crime, or other items illegally possessed.”
The affidavit confirmed that the Department of Justice is “conducting a criminal investigation concerning the improper removal and storage of classified information in unauthorized spaces, as well as the unlawful concealment or removal of government records,” and asked for the affidavit to be sealed because “the items and information to be seized are relevant to an ongoing investigation and the FBI has not yet identified all potential criminal confederates nor located all evidence related to its investigation.”
Sidestepping Trump’s insistence that he could declassify whatever he wished when president, the affidavit specifies that the documents could cause damage even if they are not classified, and it notes that retaining “information related to the national defense” is illegal.
The information that Trump stole classified documents itself was eye-popping, and then that he refused to return them was astonishing. Now, the knowledge of the extent of it, and that it included information from our human sources, is stunning.
AND THIS WAS JUST THE AFFIDAVIT TO GET A SEARCH WARRANT TO GET MORE RETAINED DOCUMENTS…which the FBI did on August 8.
We still don’t know what was in those more recently recovered boxes.
Trump is in serious trouble…and so are the rest of us. This stolen and mishandled classified intelligence compromises our security. The best-case scenario is that it was never seen by anyone who knew what they were looking at. Even that would mean that our allies have every reason to be leery about sharing information with us again.
But that’s the best-case scenario. We have to wonder, who else now knows the secrets designed to keep Americans safe? Multiple news stories during Trump’s presidency noted that even then, Mar-a-Lago was notoriously insecure. And, unthinkable though it should be but sadly is not, what if secret documents have already been given or sold into the hands of foreign actors whose interests conflict with ours?
I have been writing today about Trump’s first impeachment and the hearings where Marie Yovanovitch, Fiona Hill, and Alexander Vindman, immigrants all, who served our nation faithfully and fully, risked—and ultimately lost—their jobs to warn us that Trump was willing to compromise our national security for his own interests.
“He has betrayed our national security, and he will do so again,” House impeachment manager Adam Schiff warned the Senate. “You can’t trust [Trump] to do the right thing. Not for one minute, not for one election, not for the sake of our country. You just can’t. He will not change and you know it.” Schiff begged them to say “enough.”
But they would not, and they did not, and here we are.
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In a speech Thursday night, President Joe Biden called out today’s MAGA Republicans for threatening “our personal rights and economic security…. They’re a threat to our very democracy.” When he referred to them as “semi-fascists,” he drew headlines, some of them disapproving.
A spokesperson for the Republican National Committee called the comment “despicable,” although Republicans have called Democrats “socialists” now for so long it passes as normal discourse. Just this week, Senator Marco Rubio (R-FL) called Democrats "radical left-wing lunatics, laptop liberals, and Marxist misfits."
Biden’s calling out of today’s radical Republicans mirrors the moment on June 21, 1856, when Representative Anson Burlingame of Massachusetts, a member of the newly formed Republican Party, stood up in Congress to announce that northerners were willing to take to the battlefield to defend their way of life against the southerners who were trying to destroy it. Less than a month before, Burlingame's Massachusetts colleague Senator Charles Sumner had been brutally beaten by a southern representative for disparaging slavery, and Burlingame was sick and tired of buying sectional peace by letting southerners abuse the North. Enough, he said, was enough. The North was superior to the South in its morality, loyalty to the government, fidelity to the Constitution, and economy, and northerners were willing to defend their system, if necessary, with guns.
Burlingame’s “Defense of Massachusetts” speech marked the first time a prominent northerner had offered to fight to defend the northern way of life. Previously, southerners had been the ones threatening war and demanding concessions from the North to preserve the peace. He was willing to accept a battle, Burlingame explained, because what was at stake was the future of the nation. His speech invited a challenge to a duel.
Southerners championed their region as the one that had correctly developed the society envisioned by the Founders. In the South, a few very wealthy men controlled government and society, enslaving their neighbors. This system, its apologists asserted, was the highest form of human civilization. They opposed any attempt to restrict its spread. The South was superior to the North, enslavers insisted; it alone was patriotic, honored the Constitution, and understood economic growth. In the interests of union, northerners repeatedly ceded ground to enslavers and left their claim to superiority unchallenged.
At long last, the attack on Sumner inspired Burlingame to speak up for the North. The southern system was not superior, he thundered; it had dragged the nation backward. Slavery kept workers ignorant and godless while the northern system of freedom lifted workers up with schools and churches. Slavery feared innovation; freedom encouraged workers to try new ideas. Slavery kept the South mired in the past; freedom welcomed the modern world and pushed Americans into a new, thriving economy. And finally, when Sumner had spoken up against the tyranny of slavery, a southerner had clubbed him almost to death on the floor of the Senate.
Was ignorance, economic stagnation, and violence the true American system?
For his part, Burlingame preferred to throw his lot with education, morality, economic growth, and respect for government.
Burlingame had deliberately provoked the lawmaker who had beaten Sumner, Preston Brooks of South Carolina, and unable to resist any provocation, Brooks had challenged Burlingame to a duel. Brooks assumed all Yankees were cowards and figured that Burlingame would decline in embarrassment. But instead, Burlingame accepted with enthusiasm, choosing rifles as the dueling weapons. Burlingame, it turned out, was an expert marksman.
Burlingame also chose to duel in Canada, giving Brooks the opportunity to back out on the grounds that he felt unsafe traveling through the North after his beating of Sumner made him a hated man. The negotiations for the duel went on for months, but the duel never took place. Instead, Brooks, known as “Bully” Brooks, lost face as a man who was unwilling to risk his safety to avenge his honor, while Burlingame showed that northerners were eager to fight.
Forgotten now, Burlingame’s speech was once widely considered one of the most important speeches in American history. It marked the moment when northerners shocked southerners by calling them out for what they were, and northerners rallied to Burlingame’s call.
President Biden’s Twitter account has recently been taken over by new White House's Deputy Director of Platforms Megan Coyne, who garnered attention when she ran the official New Jersey Twitter account with attitude, and it seems as if the administration is taking the new saltiness out for a spin. “All the talk about the deficit from the same folks that gave an unpaid-for $2 trillion tax cut to the wealthy and big corporations. It makes you laugh,” the account said tonight. “Under my Administration, the deficit is on track to come down by more than $1 trillion this year.”
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As we turn toward the autumn, a picture that captures the passing summer.
I’m sending my very best wishes to everyone starting the school year.
Guessing– heck, pretty sure we know– that it’s going to be a busy week, so let’s take a deep breath and take the night off.
[Photo “Red Chairs” by Nadia Povalinska]
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Lots of news swirling around about the boxes of classified information Trump took from the United States and held at Mar-a-Lago, but the most telling window into all those stories is that the former president took to his Truth Social network this morning to demand that he be declared the winner of the 2020 election, or that the election be redone again “immediately!”
This is distraction at its purest—no one is going to redo the 2020 election—but it no longer works. As Trump has lost the power to command attention, his demands have gotten more and more outrageous. Gone are the days when he could make the media jump with a tweet. Not only is he banned from Twitter, but also his own Twitter clone, Truth Social, is in financial trouble. The stock of Digital World Acquisition, the company that planned to take Truth Social public, has dropped nearly 75% since its high in March, and last week the company reported that it had lost $6.5 million in the first six months of 2022. It has announced that it might be forced to liquidate, cutting off billions of dollars from the Trump Organization, which appears to be short of funds. The web service that hosts Truth Social claims that the company had not paid its bills since March.
Trump supporters are trying to turn the theft of secret documents into a political question. Today, Senator Lindsey Graham (R-SC) seemed to be trying to create a self-fulfilling prophecy when he warned that if Trump is prosecuted for his theft of classified information—a theft that would have any other American in terrible trouble—“there will be riots in the streets.” Graham, who is himself fighting a subpoena requiring him to testify in the Fulton County, Georgia, investigation into Trump’s attempt to overturn the 2020 election, tried to argue that law enforcement was out to get Trump, holding him to a standard it did not enforce for anyone else.
Graham referred to former secretary of state Hillary Clinton, implying that law officers had somehow gone easy on her over her use of a private email server. But, in fact, both the State Department and the FBI investigated her several times over that issue and concluded there was “no persuasive evidence of systemic, deliberate mishandling of classified information.” She cooperated with the investigations and turned over her devices and emails. No prosecutors charged her.
The question of the stolen documents is not about politics, but rather about the rule of law. When Graham threatens that gangs will take to the streets, he is saying that violence can overrule laws, a key sign of authoritarian rule. That sort of violence is not new to America. It dominated the Reconstruction South, of course, when white gangs terrorized their Black neighbors and the white men who voted as they did, suppressed labor organization at the turn of the last century, and fed rising fascism in the 1930s.
It has been a growing threat in the U.S. since the 1990s, as right-wing activists egged on by talk radio armed themselves against the federal government, but that violent organization took off under the former president, first as he condoned the violence at the August 2017 riots in Charlottesville, Virginia, and then as he urged on the “American Patriots” who demanded their state governments reopen their states during the early months of the coronavirus pandemic.
Those gangs were Trump’s troops on January 6, 2021, and on that day they quite literally illustrated the attempt to use violence to overturn the rule of law at the heart of our democracy.
Such gangs have always operated in the U.S., and they gain power and momentum when they engage in violence and are unchecked. After several years in which they have seemed invulnerable, we are now in a period when, as we learned on Saturday, an armed man in a truck chased Independent Utah senatorial candidate Evan McMullin with a gun after an event in April and forced the vehicle carrying McMullin and his wife into oncoming traffic. That incident echoes one from October 2020, when a bus carrying Biden staffers and volunteers through Texas was harassed by Trump supporters, some of whom appeared to be trying to force it off the road. When the terrified Biden workers called the police, officers allegedly refused to help.
Part of restoring democracy is imposing the rule of law, which means treating everyone equally.
The Department of Justice, which under the former president weakened the rule of law for Trump’s political ends, appears to be working to restore that rule. Just today, a judge sentenced a Proud Boy who participated in the January 6 insurrection to 55 months in jail. Joshua Pruitt had an extensive criminal record and was on probation in two states at the time of the attack on the U.S. Capitol, when he came face to face with Senator Chuck Schumer (D-NY). His attorney wrote that “[o]n January 6, 2021 Mr. Pruitt, along with nearly 40,000 other participants, at the direction of President Donald J. Trump went to the Capitol,” and that now—after facing legal consequences—he “regrets his actions.”
Today the White House announced that on Thursday, President Joe Biden will give a prime-time address from Philadelphia on “the continued battle for the Soul of the Nation.” Outside Independence Hall, where the Founders wrote the Declaration of Independence and the Framers wrote the United States Constitution, Biden will tell Americans “how the core values of this nation—our standing in the world, our democracy—are at stake.” He will talk about “the progress we have made as a nation to protect our democracy, but how our rights and freedoms are still under attack. And he will make clear who is fighting for those rights, fighting for those freedoms, and fighting for our democracy.”
Biden’s use of the physical symbols of our democracy to defend its values is itself a statement about the return of the rule of law. The former president used our symbols not to reinforce the nation’s principles, but to shore up his own leadership. In August 2020, almost exactly two years ago, he held an extravaganza at the White House to accept his renomination for president. He used the backdrop of the White House; Vice President Mike Pence spoke at Fort McHenry, where Francis Scott Key wrote the Star-Spangled Banner; and First Lady Melania Trump spoke from the newly renovated Rose Garden—all in service to Trump.
Today, Tony Ornato, the Secret Service agent who crossed over to become a top aide in Trump’s White House and who was involved in the events of January 6, announced that he is retiring as of tomorrow.
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The big news until shortly before midnight tonight was that businesses do indeed seem to be coming home after the pandemic illustrated the dangers of stretched supply lines, the global minimum tax reduced the incentives to flee to other countries with lower taxes, and the passage of the CHIPS and Science Act and the Inflation Reduction Act spurred investment in technology.
Yesterday, Honda and LG Energy Solution announced they would spend $4.4 billion to construct a new battery plant in the U.S. to join the plants General Motors is building in Ohio, Michigan, and Tennessee; the ones Ford is building in Kentucky and Tennessee; the one Toyota is building in North Carolina; and the one Stellantis is building in Indiana. The plants are part of the switch to electric vehicles. According to auto industry reporter Neal E. Boudette of the New York Times, they represent “one of the most profound shifts the auto industry has experienced in its century-long history.”
Today, Kentucky governor Andy Beshear (D) announced that Kentucky has secured more than $8.5 billion for investment in the production of electric vehicle batteries, which should produce more than 8,000 jobs in the EV sector. “Kentuckians will literally be powering the future,” he said.
Also today, First Solar, the largest solar panel maker in the U.S., announced that it would construct a new solar panel plant in the Southeast, investing up to $1 billion. It credited the Inflation Reduction Act with making solar construction attractive enough in the U.S. to build here rather than elsewhere. First Solar has also said it will upgrade and expand an existing plant in Ohio, spending $185 million.
Corning has announced a new manufacturing plant outside Phoenix, Arizona, to build fiber-optic cable to help supply the $42.5 billion high-speed internet infrastructure investment made possible by the Bipartisan Infrastructure Act. AT&T will also build a new fiber internet network in Arizona.
The CHIPS and Science Act is spurring investment in the manufacturing of chips in the U.S. Earlier this month, Micron announced a $40 billion investment in the next eight years, producing up to 40,000 new jobs. Qualcomm has also committed to investing $4.2 billion in chips from the New York facility of GlobalFoundries. Qualcomm says it intends to increase chip production in the U.S. by 50% over the next five years. In January, Intel announced it would invest $20 billion, and possibly as much as $100 billion, in a chip plant in Ohio.
This investment is part of a larger trend in which U.S. companies are bringing their operations back to the U.S. Last week, a report by the Reshoring Initiative noted that nearly 350,000 U.S. jobs have come home this year. The coronavirus pandemic, Russia’s war on Ukraine, and China’s instability were the push to bring jobs home, while the Inflation Reduction Act and the CHIPS and Science Act were the pull. Dion Rabouin notes in the Wall Street Journal that this reshoring will not necessarily translate to blue-collar jobs, as companies will likely increase automation to avoid higher labor costs.
President Joe Biden’s record is unexpectedly strong going into the midterms, and he is directly challenging Republicans on the issues they formerly considered their own. Today, in Wilkes-Barre, Pennsylvania, he challenged the Republicans on their claim to be the party of law and order, calling out their recent demands to “defund” the FBI and saying he wants to increase funding for law enforcement to enable it to have more social workers, mental health care specialists, and so on.
He noted that law enforcement officers want a ban on assault weapons and that he would work to pass one like that of 1994. When that law expired in 2004, mass shootings in the U.S. tripled.
Then the president took on MAGA Republicans: “A safer America requires all of us to uphold the rule of law, not the rule of any one party or any one person.” He addressed Senator Lindsey Graham’s comment yesterday about how there would be violence if the Department of Justice (DOJ) indicted Trump. “Let’s be clear,” Biden said, “You hear some of my friends in the other team talking about political violence and how it’s necessary.” But violence is never appropriate, he said. “Never. Period. Never, never, never. No one should be encouraged to use political violence. None whatsoever.”
To audience applause, he called out those who supported the January 6 attack on the Capitol: “Don’t tell me you support law enforcement if you won’t condemn what happened on the 6th…. For God’s sake, whose side are you on?... You can’t be pro-law enforcement and pro-insurrection. You can’t be a party of law and order and call the people who attacked the police on January 6th ‘patriots.’ You can’t do it.”
While Biden is consolidating and pushing the Democrats’ worldview, the Republicans are in disarray. The revelation that former president Trump moved classified intelligence to the Trump Organization’s property at Mar-a-Lago has kept some of them sidelined, as they didn’t want to talk about the issue, and has forced others to try to justify an unprecedented breach of national security. Republican candidates for elected office who are not in deep red districts have been taking references to Trump (and to abortion restrictions) off their websites.
The deadly seriousness of what he has done is clear in part from the former president’s own behavior over it. Yesterday, he demanded to be made president or to have a do-over of the 2020 election; today, after constant reposting of conspiracy theories and defenses on his ailing Truth Social, he wrote: “Why are people so mean?”
The reason for his fear turned up tonight in a Department of Justice filing in response to his demand for the appointment of a special master to review the documents, and for the return of several of them to him. His requests gave the DOJ an opening to correct the record that he and his allies have been muddying.
This document replaced the economic news as today’s big story. The DOJ laid out the timeline behind the attempt of the U.S. government to recover the materials Trump took. First, officials from the National Archives and Records Administration (NARA) recognized that materials were missing and tried to get Trump to return them voluntarily. When he finally handed over 15 boxes, the officials recognized that some of the materials were “highly classified” and told the Department of Justice.
Trump delayed the FBI examination of the boxes, but when officials got into them, they recognized their haphazard storage threatened national security. They got evidence of more records at Mar-a-Lago, for which they obtained a grand jury subpoena. Trump’s representatives handed over a few more documents, and a lawyer certified that that was it—they had done a diligent search and now could confirm that there were no more documents left. They said there were no materials stored anywhere but a storeroom, but they refused to let agents look inside the boxes there.
It was a lie both that there were no more documents, and that materials were contained in the storeroom. The FBI learned there were still more documents, got a search warrant, and on August 8 seized from at least two locations 33 more boxes with more than 100 classified records—twice as many classified documents as Trump and his representatives had handed over under the subpoena.
The U.S. government spelled out that “those records do not belong to him”; they belong to the United States. It said that Trump never asserted that the records had been declassified or asserted any claim of executive privilege, and Trump’s representatives indicated they thought the documents were classified. It made a strong case that the former president and his lawyer obstructed the search for the documents.
Even more chilling than the words of the filing was the exhibit attached: a photo of SECRET, TOP SECRET, and SECRET/SCI files recovered from a container, spread out on a carpeted floor next to a banker’s box containing framed TIME magazine covers.
Trump has added Chris Kise, the former solicitor general of Florida, to his legal team. Although the Republican National Committee has been paying the former president’s legal bills since he left office, it will not pay the legal fees he racks up over this issue.
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Not saying that Trump supporters are desperately trying to find a way to spin his theft, and subsequent hiding, of classified documents from the U.S. government, but there was actually an op-ed today in a major paper suggesting that the documents described by the Department of Justice and shown in last night’s explosive photo were just props because stacks of paper make Trump feel important.
I’m going to do the author of that piece a favor and not link to it in the notes.
Shortly afterward, Trump tore the ground out from under that argument—and most of the others his supporters were trying to make—by posting a complaint on his Truth Social network about the FBI photo documenting the stolen classified documents. “There seems to be confusion as to the ‘picture’ where documents were sloppily thrown on the floor and then released photographically for the world to see, as if that’s what the FBI found when they broke into my home. Wrong! They took them out of cartons and spread them around on the carpet….”
Lawyers point out that this is an admission that he had the documents and knew it.
His lawyer Alina Habba then went onto the Fox News Channel to complain about the photo and said, “I’m somebody who has been in his office…. I do have firsthand knowledge…. I have never, ever, seen that…. That is not the way his office looks…. He has guests frequently there.” His office had classified information in it, and his lawyer just said he entertains guests there. This is an intelligence nightmare.
Tonight, just before the deadline of 8:00, Trump’s lawyers filed a response to yesterday’s filing by the Department of Justice about the classified intelligence he hid at Mar-a-Lago. His lawyers argued that the FBI’s struggle to recover stolen classified documents was “the standard give-and-take between former Presidents and NARA regarding Presidential library contents.”
In Alaska tonight, Mary Peltola, who is Yup’ik, won a special election for the House seat left vacant after the death of Republican Don Young. A tribal fisheries manager and close family friend of the Youngs, Peltola defeated former vice-presidential candidate Sarah Palin, who was endorsed by former president Trump, to become the first Democrat in 50 years and the first woman ever to hold the seat and, while she was at it, the first Native Alaskan ever elected to Congress. After winning Alaska’s House seat through ranked-choice voting, Peltola will again compete for it with Palin and her other challenger, Nick Begich III, in the regular election in November.
Executive Director of Voters of Tomorrow Santiago Mayer pointed out that the last time a Democrat sat in Alaska’s House seat was the same year the Supreme Court decided Roe v. Wade. “If that’s not a…sign,” he tweeted, “I don’t know what is.”
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This morning, former president Trump told a Newsmax host that he was “financially supporting” some of the rioters who attacked the U.S. Capitol on January 6, 2021, in an attempt to overturn the results of the 2020 presidential election. Calling it “disgraceful” that they are being prosecuted, he said that If reelected, he would look “very favorably at full pardons” for them and would apologize to them.
At a time when his supporters are increasingly calling for violence after the FBI executed a search warrant on the Trump Organization’s Mar-a-Lago property in order to recover classified documents, Trump is normalizing violence and suggesting that if he regains the presidency, he will protect those who fight on his behalf.
Today the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol wrote to former House speaker Newt Gingrich, asking him to appear before the committee voluntarily. Historians identify Gingrich’s rhetorical attacks on Democrats and on those Republicans he considered too moderate—Republicans in Name Only, or RINOs—as key to bleeding traditional Republicans out of party leadership in the 1990s.
The letter explained that the committee has learned that Gingrich was part of the effort to overturn the 2020 election. He apparently exchanged emails with Trump’s advisors, including Jason Miller and Trump’s son-in-law Jared Kushner, in which Gingrich provided “detailed input” on the scripting of television ads that deliberately pushed lies that the 2020 election was stolen. The ads encouraged people to pressure state officials to overturn the election.
Gingrich wrote: “The goal is to arouse the country’s anger through new verifiable information the American people have never seen before[.]... If we inform the American people in a way they find convincing and it arouses their anger[,] they will then bring pressure on legislators and governors.”
Gingrich was also apparently involved in the scheme to produce fake electors and did not let up even after the attack on the Capitol. That night, he emailed Trump’s chief of staff, Mark Meadows, to pursue the plan.
Today, Emma Brown of the Washington Post reported that Supreme Court Justice Clarence Thomas’s wife, Ginni Thomas, wrote not only to 29 lawmakers in Arizona to press them to overturn President Joe Biden’s victory by appointing their own electors rather than the ones the voters had chosen, but also to lawmakers in Wisconsin.
In Arizona, Jerod MacDonald-Evoy of the Arizona Mirror reported that Republican Senate candidate Blake Masters has hired two fake electors as part of his staff. Before the primary, Masters’s website read: “We need to get serious about election integrity. The 2020 election was a rotten mess—if we had had a free and fair election, President Trump would be sitting in the Oval Office today and America would be so much better off,” although he has since scrubbed it to read simply: “We need to get serious about election integrity.” Trump endorsed Masters.
Today the White House Twitter account reminded people that 147 congressional Republicans voted to challenge the results of the 2020 election even after the January 6 riot, retweeting the 2021 New York Times article listing them by name.
And yet there has been concern on Twitter tonight that President Joe Biden’s 24-minute prime-time speech on “The Continued Battle for the Soul of the Nation” was unfairly partisan.
Biden spoke from Philadelphia's Independence National Historical Park, which includes Independence Hall, where lawmakers created the Declaration of Independence and the U.S. Constitution.
There, the nation’s early leaders created a country based on equality and democracy, Biden said, and those principles made the United States “the greatest nation on Earth.” Now those principles are under assault, and “we do ourselves no favor to pretend otherwise.”
Biden offered a passionate defense of democracy, recalling Americans to their heritage: a fight for liberty that has preserved the nation through wars, depressions, and struggles to expand civil rights. That mission still drives us, he said, toward “an America that is more prosperous, free, and just.”
But “we must be honest with each other and with ourselves.”
Things are not normal, he said. And then he called out the elephant in the room: “Donald Trump and the MAGA Republicans represent an extremism that threatens the very foundations of our republic.”
As he has done in similar comments lately, Biden isolated the extremist MAGA Republicans from the rest of the country, while including mainstream Republicans in the larger body of Americans who still believe in democracy. But he acknowledged the truth that “the Republican Party today is dominated, driven, and intimidated by Donald Trump and the MAGA Republicans, and that is a threat to this country.”
They “do not respect the Constitution. They do not believe in the rule of law. They do not recognize the will of the people. They refuse to accept the results of a free election. And they’re working right now, as I speak, in state after state to give power to decide elections in America to partisans and cronies, empowering election deniers to undermine democracy itself.”
They “are determined to take this country backwards—backwards to an America where there is no right to choose, no right to privacy, no right to contraception, no right to marry who you love. They promote authoritarian leaders, and they fan the flames of political violence that are a threat to our personal rights, to the pursuit of justice, to the rule of law, to the very soul of this country.”
We are not powerless to combat these threats, Biden said. Far more Americans reject the extremism of MAGA Republicans than embrace it. He called for all Americans—”Democrats, independents, mainstream Republicans”—to reject government by violence, and instead work together to defend democracy and build a better future, one based in the Constitution, the rule of law, free and fair elections, the will of the people, honesty, decency, respect, patriotism, liberty, justice, hope, and possibility.
Biden listed the accomplishments of the past year and a half and echoed the line he has used since he ran for president: “There is not a single thing America cannot do—not a single thing beyond our capacity if we do it together.”
“The soul of America is defined by the sacred proposition that all are created equal in the image of God. That all are entitled to be treated with decency, dignity, and respect. That all deserve justice and a shot at lives of prosperity and consequence. And that democracy…must be defended, for democracy makes all these things possible. Folks, and it’s up to us.”
Our democracy is imperfect, Biden said, but “history and common sense tell us that opportunity, liberty, and justice for all are most likely to come to pass in a democracy.” “Our task,” he said, “is to make our nation free and fair, just and strong, noble and whole.”
“We just need to remember who we are. We are the United States of America.”
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Just a week ago, a judge ordered the release of the affidavit on which the FBI applied for a search warrant for Mar-a-Lago. That document revealed that Trump had taken highly classified documents from the government and held them in insecure locations. That document was horrifying, but it referred only to documents the government had already recovered, not the ones for which it would go on to search for on August 8.
Today the unsealing of a court filing revealed that the August 8 search turned up more than 11,000 documents or photographs that were not classified, 31 documents marked CONFIDENTIAL, 54 marked SECRET, and 18 marked TOP SECRET. In addition, agents found 48 empty folders marked CLASSIFIED, and 42 empty folders marked to be returned to a military aide. Those documents were not filed with the envelopes.
This story is unprecedented and explosive. As Sue Gordon, who was principal deputy director of national intelligence from 2017 to 2019, told MSNBC’s Nicolle Wallace yesterday, in addition to the potential for exposing national secrets, the exposure of the networks and techniques that were in those documents could unravel intelligence networks that took decades to build.
The implications for the destruction of our national security at Trump’s hands are enormous.
And yet, after President Joe Biden’s speech last night saying that “Donald Trump and the MAGA Republicans represent an extremism that threatens the very foundations of our republic,” Republicans have rushed to attack Biden as divisive, hateful, or disparaging of half the country, claiming far more support than they have. Biden offered them an off-ramp from this profound scandal, inviting them to stand on the side of defending democracy, and they refused it.
They have tied themselves to what looks like it is on the way to becoming the biggest attack on our national security in our history, but it is not clear to me that even remaining Republican voters will be okay with the compromise of our national security. National security used to be very important to Republicans.
Trump’s attorney general Bill Barr seemed today to be trying to get whatever is left of the Republican establishment to abandon the former president. He told two different Fox News Channel programs: “I…think for them to have taken things to the current point, they probably have pretty good evidence…. I think the driver on this from the beginning was…loads of classified information sitting in Mar-a-Lago. People say this was unprecedented, well it’s also unprecedented for a president to take all this classified information and put them in a country club.”
“I can’t think of a legitimate reason why they…could be taken…away from the government if they’re classified.” He added that he was “skeptical” that Trump had declassified the documents. “I think it’s highly improbable, [and]...if in fact he sort of stood over scores of boxes, not really knowing what was in them, and said ‘I hereby declassify everything in here,’ that would be such an abuse and…shows such recklessness it’s almost worse than taking the documents.”
Among all the Republican backlash over Biden’s speech, today, veteran CNN White House reporter John Harwood said:
“The core point he made in that political speech about a threat to democracy is true.
“Now, that’s something that’s not easy for us, as journalists, to say. We’re brought up to believe there’s two different political parties with different points of view and we don’t take sides in honest disagreements between them. But that’s not what we’re talking about. These are not honest disagreements. The Republican Party right now is led by a dishonest demagogue.
“Many, many Republicans are rallying behind his lies about the 2020 election and other things as well. And a significant portion—or a sufficient portion—of the constituency that they’re leading attacked the Capitol on January 6th. Violently.
“By offering pardons or suggesting pardons for those people who violently attacked the Capitol, which you’ve been pointing out numerous times this morning, Donald Trump made Joe Biden’s point for him.”
Shortly afterward, Harwood announced he was no longer with CNN.
A source told Dan Froomkin of Press Watch that Harwood had been told last month he was being let go, despite his long-term contract, and that he used his last broadcast to send a message.
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It was a beautiful afternoon and evening on the water... and a long enough kayaking trip that I have been sound asleep with my head on my writing table for a couple of hours. Going to take that as a sign that I should go to bed and finish the history of our intelligence system another day.
This is unfiltered, by the way-- this is exactly what the sunset looked like, with the water all pink and orange.
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One hundred and forty years ago, on September 5, 1882, workers in New York City celebrated the first Labor Day holiday with a parade. The parade almost didn’t happen: there was no band, and no one wanted to start marching without music. Once the Jewelers Union of Newark Two showed up with musicians, the rest of the marchers, eventually numbering between 10,000 and 20,000 men and women, fell in behind them to parade through lower Manhattan. At noon, when they reached the end of the route, the march broke up and the participants listened to speeches, drank beer, and had picnics. Other workers joined them.
Their goal was to emphasize the importance of workers in the industrializing economy and to warn politicians that they could not be ignored. Less than 20 years before, northern men had fought a war to defend a society based on free labor and had, they thought, put in place a government that would support the ability of all hardworking men to rise to prosperity.
By 1882, though, factories and the fortunes they created had swung the government toward men of capital, and workingmen worried they would lose their rights if they didn’t work together. A decade before, the Republican Party, which had formed to protect free labor, had thrown its weight behind Wall Street. By the 1880s, even the staunchly Republican Chicago Tribune complained about the links between business and government: “Behind every one of half of the portly and well-dressed members of the Senate can be seen the outlines of some corporation interested in getting or preventing legislation,” it wrote. The Senate, Harper’s Weekly noted, was “a club of rich men.”
The workers marching in New York City carried banners saying: “Labor Built This Republic and Labor Shall Rule it,” “Labor Creates All Wealth,” “No Land Monopoly,” “No Money Monopoly,” “Labor Pays All Taxes,” “The Laborer Must Receive and Enjoy the Full Fruit of His Labor,” ‘Eight Hours for a Legal Day’s Work,” and “The True Remedy is Organization and the Ballot.”
The New York Times denied that workers were any special class in the United States, saying that “[e]very one who works with his brain, who applies accumulated capital to industry, who directs or facilitates the operations of industry and the exchange of its products, is just as truly a laboring man as he who toils with his hands…and each contributes to the creation of wealth and the payment of taxes and is entitled to a share in the fruits of labor in proportion to the value of his service in the production of net results.”
In other words, the growing inequality in the country was a function of the greater value of bosses than their workers, and the government could not possibly adjust that equation. The New York Daily Tribune scolded the workers for holding a political—even a “demagogical”—event. “It is one thing to organize a large force of…workingmen…when they are led to believe that the demonstration is purely non-partisan; but quite another thing to lead them into a political organization….”
Two years later, workers helped to elect Democrat Grover Cleveland to the White House. A number of Republicans crossed over to support the reformer Cleveland, afraid that, as he said, “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people's masters.”
In 1888, Cleveland again won the popular vote-- by about 100,000 votes-- but his Republican opponent, Benjamin Harrison, won in the Electoral College. Harrison promised that his would be “A BUSINESS MAN’S ADMINISTRATION” and said that “before the close of the present Administration business men will be thoroughly well content with it….”
Businessmen mostly were, but the rest of the country wasn’t. In November 1892 a Democratic landslide put Cleveland back in office, along with the first Democratic Congress since before the Civil War. As soon as the results of the election became apparent, the Republicans declared that the economy would collapse. Harrison’s administration had been “beyond question the best business administration the country has ever seen,” one businessmen’s club insisted, so losing it could only be a calamity. “The Republicans will be passive spectators,” the Chicago Tribune noted. “It will not be their funeral.” People would be thrown out of work, but “[p]erhaps the working classes of the country need such a lesson….”
As investors rushed to take their money out of the U.S. stock market, the economy collapsed a few days before Cleveland took office in early March 1893. Trying to stabilize the economy by enacting the proposals capitalists wanted, Cleveland and the Democratic Congress had to abandon many of the pro-worker policies they had promised, and the Supreme Court struck down the rest (including the income tax).
They could, though, support Labor Day and its indication of workers’ political power. On June 28, 1894, Cleveland signed Congress’s bill making Labor Day a legal holiday.
In Chicago the chair of the House Labor Committee, Lawrence McGann (D-IL), told the crowd gathered for the first official observance: “Let us each Labor day, hold a congress and formulate propositions for the amelioration of the people. Send them to your Representatives with your earnest, intelligent indorsement [sic], and the laws will be changed.”
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Today, on the federal holiday of Labor Day, Judge Aileen M. Cannon of the U.S. District Court for the Southern District of Florida granted former president Trump’s request for a special master to review the nearly 11,000 documents FBI agents seized in their search of the Trump Organization’s property at Mar-a-Lago on August 8.
The special master will examine the documents, some of which have the highest classification markings, to remove personal items or those covered by attorney-client privilege or those that might be covered by executive privilege (although President Joe Biden, who holds the presidency and thus should be able to determine that privilege, has waived it). The order temporarily stops the Department of Justice from reviewing or using the materials as part of their investigation into Trump’s mishandling of classified information.
That is, a Trump-appointed judge, confirmed by the Senate on November 13, 2020, after Trump had lost the election, has stepped between the Department of Justice and the former president in the investigation of classified documents stolen from the government.
Legal analysts appear to be appalled by the poor quality of the opinion. Former U.S. acting solicitor general Neal Katyal called it “so bad it’s hard to know where to begin.” Law professor Stephen Vladeck told Charlie Savage of the New York Times that it was “an unprecedented intervention…into the middle of an ongoing federal criminal and national security investigation.” Paul Rosenzweig, a prosecutor in the independent counsel investigation of Bill Clinton, told Savage it was “a genuinely unprecedented decision” and said stopping the criminal investigation was “simply untenable.” Duke University law professor Samuel Buell added: “To any lawyer with serious federal criminal court experience…, this ruling is laughably bad…. Trump is getting something no one else ever gets in federal court, he’s getting it for no good reason, and it will not in the slightest reduce the ongoing howls that he’s being persecuted, when he is being privileged."
The judge justified her decision because she was “mindful of the need to ensure at least the appearance of fairness and integrity under the extraordinary circumstances presented.”
Energy and politics reporter David Roberts of Volts pointed out that this is a common pattern for MAGA Republicans. First, they spread lies and conspiracy theories, then they act based on the “appearance” that something is shady. “So this… judge says Trump deserves extraordinary, unprecedented latitude because of the ‘extraordinary circumstances’ and the ‘swirling questions about bias.’ But her fellow reactionaries were the only ones raising questions of bias! It’s a perfectly sealed feedback loop,” and one the right wing has perfected over “voter fraud.”
As political scientist Brendan Nyhan points out, bad-faith attacks on our democratic processes open the door for changing those processes.
Something else jumps out about the judge's construction, though: it makes MAGA Republicans the only ones whose sentiments matter. This is the same construction President Andrew Johnson used to justify his plan to end Reconstruction and remove troops from the South in December 1865. He told Congress that using the army to protect new governments there “would have divided the people into the vanquishers and the vanquished, and would have envenomed hatred rather than restored affection.” Missing from Johnson’s equation were the four million Black southerners who, in fact, welcomed the injection of the weight of the federal government into the former Confederate states.
The idea that Cannon felt obliged to reassure MAGA Republicans that Trump is being treated fairly, rather than the rest of us that the rule of law is being protected, redefines the American public and American principles.
The neutrality of the law is central to democracy. But it is increasingly under question as Republican-appointed judges make decisions that disregard settled law, and Cannon’s decision will not help. She actually singles out Trump as having a different relationship to the law than the rest of us in a number of ways, but especially when she expresses concern over how his reputation could be hurt by an indictment: “As a function of Plaintiff’s former position as President of the United States, the stigma associated with the subject seizure is in a league of its own. A future indictment, based to any degree on property that ought to be returned, would result in reputational harm of a decidedly different order of magnitude.”
This attack on the rule of law—the idea that the laws apply to everyone equally—has been underway since the administration of Ronald Reagan, when Attorney General Edwin Meese set out to, as he said, “institutionalize the Reagan revolution so it can’t be set aside no matter what happens in future presidential elections.” Contrary to established procedures at the Department of Justice, Reagan appointees began to quiz candidates for judgeships about their views on abortion and affirmative action, to tilt the direction in which the courts would rule.
The 1982 establishment of the Federalist Society, made up of lawyers determined to roll back the legal decisions of the post–World War II era, made it easier to tilt the courts. Those lawyers stood against what they called “judicial activism,” decisions that justified the expansion of a federal government that regulated business, provided a basic social safety net, protected civil rights, and promoted infrastructure.
As Republican policies grew less popular, party leaders focused not on adjusting their policies, but on filling judgeships with judges who would rule in their favor in lawsuits. This focus was so strong by the time of Trump’s predecessor, President Barack Obama, that then–Senate majority leader Mitch McConnell (R-KY) stalled confirmations for Obama’s nominees, banking on leaving vacancies for a new president to fill. Most dramatically, of course, he refused to permit a hearing for Obama’s nominee for a Supreme Court seat in March 2016, inventing a new rule that that date was too close to the upcoming November election to allow the nomination to proceed.
This left the seat free for Trump to appoint Neil Gorsuch, who could not make it through the Senate until McConnell used the so-called “nuclear option” to get rid of the filibuster for Supreme Court appointments, which enabled him to squeak through with just 51 votes.
Trump and McConnell—who was known for saying, “Leave no vacancy behind”—made reshaping the federal judiciary their top priority. McConnell approved the new judges with vigor, keeping the Senate confirming them during the pandemic, for example, even when all other business stopped. And he continued to push through appointments—like that of Judge Cannon—even after Trump lost the election.
Philosopher Jason Stanley of Yale University, best known for his 2018 book How Fascism Works, tweeted today: “Once you have the courts you can pretty much do whatever you want.”
Cannon’s decision addresses only the criminal investigation of the former president by the Department of Justice, and it is not clear how much of a delay it will create. While that is on hold, at least temporarily, the intelligence assessment by the Office of the Director of National Intelligence will proceed without check. It is still unclear what documents are missing, and who has had unauthorized access to the information Trump took.
This breach of our national security has the potential to be catastrophic.
Trump certainly appears to think the game is not yet over. Once again today, he attacked the FBI and the DOJ and demanded the results of the 2020 election be overturned.
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When President Joe Biden called out “Donald Trump and the MAGA Republicans” last Thursday as representative of “an extremism that threatens the very foundations of our republic,” he drew a clear line between those supporting the former president and those from all parties who support democracy. He quite deliberately drew a line between Trump supporters and “mainstream Republicans” who do not embrace the “extreme ideology” of their former allies.
Immediately, Trump supporters attacked the president and rushed to defend Trump, just as more news broke about his theft of classified documents and other presidential records when he left the White House. This tied the Republican Party to Trump, along with what is a stunning national security story that continues to unfold.
Just tonight we learned that FBI agents found a document detailing the military defenses of a foreign government, including its nuclear capabilities, during last month’s search of Mar-a-Lago. What is at stake here is not simply information about the U.S., or even information about the way our leaders conceive of what is best for the U.S. What is at stake is the security of the U.S. and our democratic allies. Some of the documents they found were so highly restricted that they required special clearances on a need-to-know basis. Trump kept them in boxes at Mar-a-Lago.
This situation is extraordinary, but yesterday, Senator Marco Rubio demonstrated his loyalty to Trump when he referred to Trump’s theft and mishandling of the documents as “a fight over storage of documents.” Rubio is the top Republican on the Senate Intelligence Committee.
Yesterday’s decision by Judge Aileen Cannon further illustrated the strength of the MAGA Republicans and their positions in places of power.
Cannon was nominated by Trump and confirmed after he lost the 2020 election. Yesterday she granted Trump’s request for a special master to review the government documents the FBI recovered from Mar-a-Lago on August 8. Today, Ian Millhiser at Vox explained that Cannon’s order could delay the FBI investigation by as much as years (other analysts argue that she has cut off only one avenue of investigation, so they believe it will not be that big a speedbump). The Department of Justice can appeal the decision, which Millhiser agrees with other legal analysts is “riddled with legal errors,” but an appeal would go to the 11th circuit, where Trump appointed 6 of the 11 judges who, if they wished, could further delay the case, and then agree with Cannon. The Department of Justice could then appeal to the Supreme Court: which now has a 6 to 3 Republican majority, three of whom Trump himself appointed.
Cannon’s order appears to have been intended to send a message. Bloomberg News legal and political reporter Zoe Tillman said today that seven senior officials who served in Republican administrations, including two former governors, a former attorney general, a former acting attorney general, and a former deputy attorney general, asked to send in a “friend of the court” brief in opposition to Trump’s request. Cannon denied their request, saying the court “appreciates the movants’ willingness to participate in this matter but does not find…[it]...warranted.”
Millhiser asked: “Why would a judge do this unless they are trying to advertise the fact that they are not open to opposing arguments? Just accept the…brief and then don’t read it if you don’t want to make a public spectacle out of not caring what anyone says.” Los Angeles Times legal affairs columnist Harry Litman said he didn’t think he’d ever seen a court reject a friend of the court brief before.
MAGA Republicans are standing behind Trump in his determination to overturn the 2020 election. In Michigan on Friday, six people filed a suit to order Governor Gretchen Whitmer and Secretary of State Jocelyn Benson to “work together to rerun the Michigan 2020 presidential election as soon as possible.” One of those joining the suit previously handed over her township’s vote tabulator to a group trying to prove “voter fraud” in the election.
And today, Zachary Cohen and Jason Morris of CNN reported that newly released surveillance video shows that on January 7, 2021, a Republican county official in Georgia escorted into her county’s election offices two operatives working with Trump’s attorneys to try to find voter fraud. That same day the voting systems were breached. The official, Cathy Latham, is under investigation for her role as a fake elector and has given conflicting testimony about her actions. Some of Trump’s allies in the fake election scheme seem also to have launched a multistate effort to gain access to voting machines after the 2020 election.
Lies about the election from right-wing media convinced these MAGA Republicans of the Big Lie that the election had been stolen, but documents emerging from the Dominion Voting Systems lawsuit against the Fox News Channel are illustrating that the people feeding those lies knew they were false. Dominion has sued the media giant for defamation, saying its hosts knew the stories they told of the voting machines switching votes were false and that it has been “irreparably harmed” by the lies that will lead to more than $600 million in lost profits over the next 8 years. The document production has yielded a November 2020 email from an FNC producer insisting that it must keep host Jeanine Pirro off the air because she was spreading conspiracy theories to back Trump’s lies that the election had been stolen.
And, today, New Mexico judge Francis J. Mathew ruled that Couy Griffin, the founder of Cowboys for Trump, must be removed from his office as Otero County commissioner for participating in the January 6 attack on the U.S. Capitol. In a lawsuit brought by New Mexico citizens, Mathew ruled that Griffin is disqualified for office under the Fourteenth Amendment, which prohibits from holding office anyone who had engaged in “insurrection or rebellion” against the country. This is the first time this clause has been enforced since 1869, and the first time a court has found the attack on the Capitol was an insurrection.
Now other Republicans are weighing in to suggest that, now that the lines have been made very clear indeed, they will stand with the Constitution if there is an attempt to take the government by force. Today, eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff published an open letter in the national security outlet War on the Rocks outlining the “principles of civilian control and best practices of civil-military relations.” The leading illustration was an image of the U.S. Constitution.
These former military leaders noted the many factors that have created “an exceptionally challenging civil-military environment,” and reiterated that “civilian control of the military is part of the bedrock foundation of American democracy.” They noted that “[t]he military—active-duty, reserve, and National Guard—have carefully delimited roles in law enforcement [that] must be taken only insofar as they are consistent with the Constitution and relevant statutes,” and that “[m]ilitary and civilian leaders must be diligent about keeping the military separate from partisan political activity.”
This is a calmer echo of the open letter the ten living former secretaries of defense published on January 3, 2021, in the Washington Post, which called for a peaceful transition of power after the 2020 election and seemed to warn colleagues not to back the former president’s attempts to create an uprising. They said: “Efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory. Civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic.”
Perhaps most notably, in an interview with Greg Sargent of the Washington Post, published today, longtime conservative Bill Kristol said that, at least in the short term, the Republican Party cannot be saved. “And,” he offered, “if we don’t have two reasonably healthy parties, the unhealthy party has to be defeated."
And, finally, the formula shortage has largely fallen out of the news, but the administration has not dropped the ball. Yesterday, the administration completed the twenty-second mission of Operation Fly Formula, which has now flown in more than 85 million 8-ounce bottle equivalents.
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Today, in Texas, U.S. District Judge Reed O’Connor undercut a key part of the Affordable Care Act, more popularly known as Obamacare. That law assigned to three different government bodies the task of deciding what preventative treatments—cancer screenings, vaccines, and so on—health plans must cover.
In Braidwood Management v. Secretary of Health and Human Services Xavier Becerra, various business owners and individuals opposed buying insurance that covered some of those treatments, citing either economic or religious grounds. Four individuals wanted to be able to buy health insurance that did not include PrEP drugs to prevent HIV infection, contraception, the HPV vaccine, or screenings and counseling for STDs and drug use. The plaintiffs say they do not need such care and being forced to participate in plans that cover that care “violates their religious beliefs by making them complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and one woman.”
Two Christian businesses have similar complaints, while one other business and one other individual simply say they don’t want or need this coverage. (One says his wife “‘is past her childbearing years,’ and neither he nor his family members ‘engage in the behaviors that makes [sic] this preventive treatment necessary.”)
O’Connor is famous for his decisions against the federal government. In a 2018 decision, he tried to get rid of the ACA altogether, but the Supreme Court upheld the law by a vote of 7–2. Today, in Braidwood Management v. Becerra, he decided that the members of one of the three panels deciding preventive treatments have been appointed unconstitutionally and upheld the argument that the PrEP requirement violated the plaintiffs’ religious rights. He reserved his ruling on how to fix these issues.
Also in the news today is Moore v. Harper, a North Carolina case about whether state legislatures alone have the power to set election rules even if those laws violate state constitutions. The case is currently before the Supreme Court, and friend of the court briefs are flowing in to make arguments either for Timothy Moore, speaker of the North Carolina House of Representatives, and the rest of the petitioners, or for defendant Rebecca Harper, a North Carolina voter, and the rest of the respondents.
The case comes from North Carolina, where the state supreme court rejected a dramatically partisan gerrymander by the Republican state legislature. Republicans say that the state court cannot stop the legislature’s carving up of the state because of the “independent state legislature doctrine.”
This is a new idea that caught on in 2015, when Republicans wanted to get rid of an independent redistricting commission in Arizona. It is based on the clause in the U.S. Constitution providing that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”
Until now, states have interpreted “legislatures” to mean the state’s general lawmaking processes, which include shared power and checks and balances among the three branches of state government. Now a radical minority insists that a legislature is a legislature alone, unchecked by state courts or state constitutions that prohibit gerrymandering.
Why now?
Democrats are actually far more popular than Republicans in most states, and they win elections that are statewide, like those for the U.S. Senate, governor, or U.S. president. But state legislatures control the way state districts are carved up, and after 2010, when Republicans made a concerted effort to take over state houses through a plan called Operation REDMAP, they gerrymandered the states they control to the point that Democratic voters cannot win the number of seats their votes reflect.
Biden narrowly won Georgia in 2020, for example, but a new districting map has given Republicans an advantage of at least 15 points for control of the state House of Representatives. Democrats will have to win the state by double digits in order to flip the House. That party power leads to extremist legislation, for once in power, legislators in safe seats can operate without fear of being voted out and can vote for measures that cater to their extremist base rather than to the wishes of the majority.
This partisan gerrymandering skews Congress as well. According to political scientist Jacob Grumbach of the University of Washington, North Carolina, for example, was actually a leader in expanding access to voting in the 1970s. But after Republicans captured the legislature in 2010, they changed election laws so dramatically that in 2018, Republicans won 49.3% of the vote and yet captured 77% (10 of 13) of the state’s seats in Congress.
Grumbach identifies 2010 as a crucial shift for democracy in a number of states. “It’s all about [Republican] control,” he says. “When the [Republican Party] wins your state, it will reduce democracy.” The changes don’t reflect major changes in the states themselves; rather, both the big money interests of the Republican Party and the electoral base, which is motivated by white identity politics, want to keep voting limited.
Those advancing the independent state legislature theory want to be able to gerrymander their states, but they also point to another clause of the Constitution. It says: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.” They advance the idea that the legislature can choose the state’s presidential electors regardless of which candidate the majority of the state’s voters choose.
This doctrine is, of course, what Trump and his allies pushed for to keep him in power in 2020: Republican state legislatures throwing out the will of the people and sending electors for Trump to Congress rather than the Biden electors the majority voted for.
Not surprisingly, those writing friend of the court briefs defending the independent state legislature doctrine are a who’s who of those who backed Trump’s effort to convince state officials to write slates of electors for Trump rather than Biden. They include America First Legal Foundation, which Democracy Docket identifies as connected to Trump advisor Stephen Miller and Trump’s chief of staff Mark Meadows; America’s Future (Trump’s national security advisor Michael Flynn); Claremont Institute’s Center for Constitutional Jurisprudence (John Eastman, author of the Eastman memo for overturning the 2020 election); Honest Elections Project (Leonard Leo); Public Interest Legal Foundation (Eastman and Trump lawyer Cleta Mitchell), Restoring Integrity and Trust in Elections (Trump’s attorney general Bill Barr), and so on.
In contrast, a conference consisting of the Supreme Court chief justices or chief judges of the courts of last resort of all 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands, urged the Supreme Court not to decide that the state legislatures could operate without any oversight. Relying on the long history of state court review of the legislatures’ decisions, including those over elections, it concluded that state courts had a traditional role to play in reviewing election laws under state constitutions.
Revered conservative judge J. Michael Luttig has been trying for months to sound the alarm that the independent state legislature doctrine is a blueprint for Republicans to steal the 2024 election. In April, before the court agreed to take on the Moore v. Harper case, he wrote: “Trump and the Republicans can only be stopped from stealing the 2024 election at this point if the Supreme Court rejects the independent state legislature doctrine…and Congress amends the Electoral Count Act to constrain Congress' own power to reject state electoral votes and decide the presidency.”
And yet in March, when the Supreme Court let the North Carolina Supreme Court’s decision against the radical map stay in place for 2022, justices Samuel Alito, Neil Gorsuch, Clarence Thomas, and Brett Kavanaugh indicated they are open to the idea that state courts have no role in overseeing the rules for federal elections.
In the one term Trump’s three justices have been on the court, they have decimated the legal landscape under which we have lived for generations, slashing power from the federal government, where Congress represents the majority, and returning it to states, where a Republican minority can impose its will. Thanks to the skewing of our electoral system, those states are now trying to take control of our federal government permanently.
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On this day in 1974, President Gerald Ford gave former president Richard M. Nixon “a full, free, and absolute pardon…for all offenses against the United States which he…has committed or may have committed or taken part in” during his time in the presidency.
In the pardon proclamation, Ford said he issued the pardon to help the nation heal from the trauma of the Watergate scandal. A trial would “cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.”
Ford’s pardon of Nixon removed from our democratic system the principle that all of us are accountable to the same laws.
Presidents, it appeared, were in a different category than the rest of us, and that encouraged future executives to push the boundaries of what was acceptable.
Under Ronald Reagan, the next Republican president after Nixon, members of the administration broke the law to sell arms to Iran in order to funnel the proceeds to the Contra insurgents fighting to overthrow the leftist government in Nicaragua. Fourteen administration officials were indicted and eleven convicted in the scandal, but when he became president, George H. W. Bush—himself implicated in the scandal—pardoned them on the advice of his attorney general, William Barr.
Lawrence Walsh, the independent prosecutor in the case, worried that pardoning the officials removed accountability and thus weakened American democracy. It “undermines…the principle…that no man is above the law,” he said. “It demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences.”
By 2004, President George W. Bush rejected any limitation on “the unitary executive branch.” The concept of the unitary executive said that, as head of his own branch of government, the president did not have to submit to any oversight or check by Congress.
Today we learned that a federal grand jury investigating the January 6 attack on the U.S. Capitol is now looking into Trump’s political action committee, “Save America,” to understand its fundraising, how its money was received, and how its money was spent. The PAC was organized immediately after the 2020 election and sought donations based on the idea that the election was stolen.
Also today, the Manhattan district attorney, Alvin L. Bragg, charged Trump ally Stephen K. Bannon with two felony counts of money laundering, two felony counts of conspiracy, and one felony count of a scheme to defraud, over his role in “We Build the Wall, Inc,” an organization that promised to bring former president Trump’s wall on the southern border of the U.S. into reality.
The organization raised millions of dollars to build the wall but instead funneled money to the organization’s president, Brian Kolfage, and others including Bannon, defrauding those who contributed to the effort.
Bannon was charged by the federal government in 2020, but Trump pardoned him before he went to trial. New York’s attorney general, Letitia James, noted today: “Regular, everyday Americans play by these rules, and yet too often powerful political interests, they ignore these rules. They think they are above the law, and the most egregious of them take advantage.”
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Today, President Joe Biden’s administration released an “economic blueprint” to show how the new laws and policies it has put in place “are rebuilding an economy that works for working families.”
The Biden-Harris Economic Blueprint notes that Biden and Vice President Kamala Harris took office in the midst of unprecedented crises, including “an economy that for many decades had been failing to deliver for working families—with workers and middle-class families left behind, stagnating wages and accelerating costs, crumbling infrastructure, U.S. manufacturing in decline, and persistent racial disparities.” In the past year and a half, it says, the Democrats have set the nation “on a new course,” investing in a historic economic recovery based on a long-term strategy to make lasting changes to the economy that will carry the nation into the future, making sure that no one is left behind.
The blueprint calls for empowering workers through unionization and new jobs; restoring the country’s manufacturing base by investing in infrastructure and clean energy; helping families by lowering costs and expanding access to affordable and high-quality health care, child care, education, housing, and so on; promoting industrial competition to open the way for entrepreneurs and bring down costs; and “rewarding work, not wealth,” by reforming taxation so that taxes do not go up on anyone who makes less than $400,000 a year, and that the wealthy and corporations pay their fair share.
This blueprint pulls together much of what Biden has been saying all along, and it is quite clear about what this means. What the blueprint calls “new architecture” must, it says, “replace the old regime.” The old system sent economic gains to the top while outsourcing industries, and the end of public investment hollowed out the middle class. The new system will drive “the economy from the bottom up and middle out” because that system “ensures that growth benefits everyone.”
While Biden and Harris are focused on the economy and the future, the Department of Justice is still handling crises created by the former president.
Yesterday the Department of Justice (DOJ) filed a motion to request a partial stay of Judge Aileen Cannon’s order last week, the one that said the DOJ couldn’t use the items the FBI seized when they searched the Trump property at Mar-a-Lago on August 8.
In her Civil Discourse newsletter, law professor, host of the Sisters In Law podcast, and former U.S. attorney Joyce White Vance explained that the DOJ has asked for that order to be stayed as far as it concerns the classified records. That request is separate from an appeal of the order itself to the Eleventh Circuit Court of Appeals, which the DOJ has indicated it will undertake. With the motion it filed yesterday, the DOJ wants the court to hold off on enforcing the judge’s order that the government can’t review and use the materials seized “for criminal investigative purposes,” and the part that says the government must turn the records over to a special master.
The DOJ pointed out that the intelligence community’s assessment of the damage done to our national security is tied together with the ongoing criminal investigation. Because the FBI is central to both, the judge’s order has shut down the national security review, which is vitally important to the country.
“In plain English,” Vance writes, “DOJ is asking how the guy who took the classified nuclear secrets he wasn’t entitled to have is harmed if law enforcement gets to look at those materials to protect our national security.”
The judge has given Trump’s lawyers until Monday to respond.
Meanwhile, at Just Security, Michael Stern points out that in Nixon v. GSA, everyone—including President Richard M. Nixon—agreed that “the very specific privilege protecting against disclosure of state secrets and sensitive information concerning military or diplomatic matters…may be asserted only by an incumbent President,” suggesting that Trump has no grounds to assert executive privilege over the classified information seized.
Also today, Judge Donald Middlebrooks of the U.S. District Court for the Southern District of Florida dismissed a lawsuit Trump launched in March 2022 against Hillary Clinton and a number of his favorite villains alleging that “the Defendants, blinded by political ambition, orchestrated a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hopes of destroying his life, his political career and rigging the 2016 Presidential Election in favor of Hillary Clinton.” The people he was suing dismissed his lawsuit, saying, “[w]hatever the utilities of [the Amended Complaint] as a fundraising tool, a press release, or a list of political grievances, it has no merit as a lawsuit.” The judge agreed and demolished the 193-page lawsuit as lacking evidence, legal justification, and good faith.
The lawsuit rehashed the Russia investigation, which Trump used to great effect during his term to deflect investigations into his wrongdoing. Two investigations, one by an independent investigation by Special Counsel Robert Mueller and another by the Republican-dominated Senate Intelligence Committee, revealed that Russia had attacked the U.S. presidential election in 2020 and that the Trump campaign had, at the very least, played along.
But by using the machinery of government, including by putting loyalists into key positions, Trump reversed reality to argue that he was an innocent victim and that the investigators were actually the ones who had broken the law. He and his allies saturated the media with accusations that government officials, including FBI agents—many of whom he named in this lawsuit—were members of the “Deep State,” out to get him.
Trump is resurrecting this old trope at a time when he is in the midst of yet another investigation for which the evidence against him is monumental. Now out of power, though, he has had to turn to the courts and, interestingly, contrived to get this case in front of Judge Cannon, who was rushed onto the court with very little experience after Trump had already lost the 2020 election.
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Crazy rare find at Buddy's wharf this week.
Lots going on in the world, but I've got family and friends in town, and am putting everything on hold until tomorrow.
[Photo by Buddy Poland.]
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I was playing around in yesterday's post, because my "crazy rare find at Buddy's wharf" was, of course, Buddy himself.
Took yesterday off and am going to take tonight, too. First time since September 15, 2019, I've taken more than a single day off, but our wedding seems like a worthy occasion, no?
[Photo by Leonie Glen.]
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14