A little more than two years ago, on July 9, 2021, President Biden signed an executive order to promote competition in the U.S. economy. Echoing the language of his predecessors, he said, “competition keeps the economy moving and keeps it growing. Fair competition is why capitalism has been the world’s greatest force for prosperity and growth…. But what we’ve seen over the past few decades is less competition and more concentration that holds our economy back.”
In that speech, Biden deliberately positioned himself in our country’s long history of opposing economic consolidation. Calling out both Roosevelt presidents—Republican Theodore Roosevelt, who oversaw part of the Progressive Era, and Democrat Franklin Delano Roosevelt, who oversaw the New Deal—Biden celebrated their attempt to rein in the power of big business, first by focusing on the abuses of those businesses, and then by championing competition.
Biden promised to enforce antitrust laws, interpreting them in the way they had been understood traditionally. Like his progressive predecessors, he believed antitrust laws should prevent large entities from swallowing up markets, consolidating their power so they could raise prices and undercut workers’ rights. Traditionally, those advocating antitrust legislation wanted to protect economic competition, believing that such competition would promote innovation, protect workers, and keep consumer prices down.
In the 1980s, government officials threw out that understanding and replaced it with a new line of thinking advanced by former solicitor general of the United States Robert Bork. He claimed that the traditional understanding of antitrust legislation was economically inefficient because it restricted the ways businesses could operate. Instead, he said, consolidation of industries was fine so long as it promoted economic efficiencies that, at least in the short term, cut costs for consumers. While antitrust legislation remained on the books, the understanding of what it meant changed dramatically.
Reagan and his people advanced Bork’s position, abandoning the idea that capitalism fundamentally depends on competition. Industries consolidated, and by the time Biden took office his people estimated the lack of competition was costing a median U.S. household as much as $5000 a year. Two years ago, Biden called the turn toward Bork’s ideas “the wrong path,” and vowed to restore competition in an increasingly consolidated marketplace. With his executive order in July 2021, he established a White House Competition Council to direct a whole-of-government approach to promoting competition in the economy.
This shift gained momentum in part because of what appeared to be price gouging as the shutdowns of the pandemic eased. The five largest ocean container shipping companies, for example, made $300 billion in profits in 2022, compared to $64 billion the year before, which itself was a higher number than in the past. Those higher prices helped to drive inflation.
The baby formula shortage that began in February 2022 also highlighted the problems of concentration in an industry. Just four companies controlled 90% of the baby formula market in the U.S., and when one of them shut down production at a plant that appeared to be contaminated, supplies fell dramatically across the country. The administration had to start flying millions of bottles of formula in from other countries under Operation Fly Formula, a solution that suggested something was badly out of whack.
The administration’s focus on restoring competition had some immediate effects. It worked to get a bipartisan reform to ocean shipping through Congress, permitting greater oversight of the shipping industry by the Federal Maritime Commission. That law was part of the solution that brought ocean-going shipping prices down 80% from their peak. It worked with the Food and Drug Administration to make hearing aids available over the counter, cutting costs for American families. It also has worked to get rid of the non-compete clauses which made it hard for about 30 million workers to change jobs. And it began cracking down on junk fees, add-ons to rental car contracts, ticket sales, banking services, and so on, getting those fees down an estimated $5 billion a year.
“Folks are tired of being played for suckers,” Biden said. “[I]t’s about basic fairness.”
Today, the administration announced new measures to promote competition in the economy. The Department of Agriculture will work with attorneys general in 31 states and Washington, D.C. to enforce antitrust and consumer protection laws in food and agriculture. They will make sure that large corporations can’t fix food prices or price gouge in stores in areas where they have a monopoly. They will work to expand the nation’s processing capacity for meat and poultry, and are also promoting better access to markets for all agricultural producers and keeping seeds open-source.
Having cracked down on junk fees in consumer products, the administration is now turning to junk fees in rental housing, fees like those required just to file a rental application or fees to be able to pay your rent online.
The Department of Justice and the Federal Trade Commission today released new merger guidelines to protect the country from mass layoffs, higher prices, and fewer options for consumers and workers. Biden used the example of hospital mergers, which have led to extraordinary price hikes, to explain why new guidelines are necessary.
The agencies reached out for public comment to construct 13 guidelines that seek to prevent mergers that threaten competition or tend to create monopolies. They declare that agencies must address the effect of proposed mergers on “all market participants and any dimension of competition, including for workers.”
Now that the guidelines are proposed, officials are asking the public to provide comments on them. The comment period will end on September 18.
One of the reporters on the press call about the new initiatives noted that the U.S. Chamber of Commerce has accused the Biden administration of regulatory overreach, exactly as Bork outlined in a famous 1978 book introducing his revision of U.S. antitrust policy. An answer by a senior administration official highlighted a key element of the struggle over business consolidation that is rarely discussed and has been key to demands to end such consolidation since the 1870s.
The official noted that small businesses, especially those in rural areas, are quite happy to see consolidation broken up, because it gives them an opportunity to get into fields that previously had been closed to them. In fact, small businesses have boomed under this administration; there were 10.5 million small business applications in its first two years and those numbers continue strong.
This is the same pattern the U.S. saw during the Progressive Era of the early twentieth century and during the New Deal of the 1930s. In both of those eras, established business leaders insisted that government regulation was bad for the economy and that any attempts to limit their power came from workers who were at least flirting with socialism. But in fact entrepreneurs and small businesses were always part of the coalition that wanted such regulation. They needed it to level the playing field enough to let them participate.
The effects of this turnaround in the government’s approach to economic consolidation is a big deal. It is already having real effects on our lives, and offers to do more: saving consumers money, protecting workers’ wages and safety, and promoting small businesses, especially in rural areas. It’s another part of this administration’s rejection of the top-down economy that has shaped the country since 1981.
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Russian president Vladimir Putin’s decision not to attend the BRICS summit in Johannesburg, South Africa, illustrates how fully his 2022 invasion of Ukraine has made him an international pariah. BRICS is an organization made up of Brazil, Russia, India, China, and South Africa, all considered fast-growing economies that would dominate the global economy by 2050 at the time it began to organize in 2006.
A lot has changed since then.
Because the International Criminal Court (ICC) has issued an arrest warrant for Putin for war crimes, specifically his regime’s deportation of Ukrainian children to Russia, he was at risk of arrest and extradition if he went to South Africa. Although that country has maintained neutrality in the war, it signed on to the treaty governing the ICC and thus has an obligation to arrest and surrender those under indictment by the ICC.
After much speculation about whether he would attend the summit while he pressured South African president Cyril Ramaphosa to agree not to arrest him, yesterday Putin announced that by “mutual agreement” with Ramaphosa, he will not attend and Russian foreign minister Sergey Lavrov will go in his place. Alexandra Sharp of Foreign Policy noted that his inability to attend the summit shows how his position as an accused war criminal has isolated Putin and “highlights just how much the Russian leader’s global standing has changed thanks to his war on Ukraine.”
Also yesterday, the U.S. Department of Defense announced another security assistance package for Ukraine, worth $1.3 billion and including surface to air missile systems, mine-clearing equipment, fuel trucks, and tactical vehicles to tow, haul, and recover equipment. That matériel will take time to provide, but much of it signals an army retaking territory.
As if to demonstrate what power he has left, Putin’s forces attacked the key Ukrainian shipping ports of Mykolaiv and Odesa, destroying 60,000 tons of grain that Ukraine president Volodymyr Zelensky said was destined for Africa and Asia, including China. Then Putin announced that he was ending Russian participation in the Black Sea Grain Initiative as of July 20 and would consider any ships that sailed to or from Ukraine’s ports on the Black Sea a “Hostile Military Transport.” Putin’s declaration that he might target the civilian ships of foreign powers threatened to escalate the war, but he quickly backed down on that threat today. Russia’s ambassador to the U.S. said Russia is not preparing to attack civilian ships.
The Black Sea grain deal, which facilitates the export of Ukrainian grain to the world market so long as the ships travel in certain channels, already gave Russia more influence over international shipping than its 10% of the Black Sea coastline warranted. And, to maintain that control, Russia planted sea mines in the waters around Ukrainian ports outside the safe channels.
Now the White House has warned that U.S. officials have information that Russia has added more mines in those waters with the intention of blaming Ukraine if those mines cause damage to foreign ships.
There are (at least) three key aspects of this announcement. First, Putin is threatening vulnerable countries with starvation and trying to jack up grain prices around the world, which will hit all countries but primarily poorer ones. The United Kingdom’s permanent representative to the United Nations, Ambassador Barbara Woodward, pointed out that 33 million tons of grain have been exported under the grain deal, and that the primary beneficiaries have been Ethiopia, Yemen, Afghanistan, Turkey, Sudan, Kenya, and Somalia.
Second, he was daring the other countries on the Black Sea, three of which belong to the North Atlantic Treaty Organization (NATO), to call his bluff.
Third, he is trying to destroy Ukrainian shipping infrastructure to hamstring its post-war future. Odesa is a historic and fabled city; it is also the key to shipping grain out of Ukraine. Capturing it, with its symbolic and practical value, was likely Putin’s primary goal in the first place. His willingness to destroy the city seems to indicate that he has given up on claiming it.
In response, Ukrainian forces began to use the so-called cluster munitions the U.S. provided earlier this month, firing the weapons at the Russian troops in Ukraine. Cluster munitions explode over a target, blanketing a large area with deadly smaller munitions. They are banned in more than 120 countries because those smaller munitions often hit the ground unexploded and lie there until civilians run across them, with deadly results.
Ukraine, Russia, and the U.S. have not banned the weapons, and Ukraine asked the U.S. to provide them for use within Ukraine, against Russian troops. Biden did so, after months of debate within the White House and strong disagreement from those who want the weapons banned altogether. President Biden eventually decided to send the cluster munitions, apparently in part because the areas of Ukraine where they would be deployed are already uninhabitable because of Russian mines and in part because Ukrainians themselves requested the weapons to throw out the Russian invaders, who have been using cluster munitions against Ukrainian civilians.
“Of course it’s a tragedy, but everything right now is a tragedy,” former defense minister of Ukraine Andriy Zagorodnyuk told Josh Kovensky of Talking Points Memo about using the munitions. “So the question is how to end the tragedy and, unfortunately, the only way so far to get peace is to win the peace.”
The U.S. Treasury and the U.S. State Department today announced additional sanctions on companies that have given Russia access to products that feed the war, provide revenue from minerals and mining, give it access to the international financial system, or provide military technology.
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On June 8 the Supreme Court affirmed the decision of a lower court blocking the congressional districting map Alabama put into place after the 2020 census, agreeing that the map likely violated the 1965 Voting Rights Act and ordering Alabama to redraw the map to include two majority-Black congressional districts.
Today the Alabama legislature passed a new congressional map that openly violates the Supreme Court’s order. By a vote of 75–28 in the House and 24–6 in the Senate, the legislature approved a map that includes only one Black-majority district.
Senator Tommy Tuberville (R-AL) and many of the other members of Alabama’s congressional delegation had spoken to the Republicans in the state legislature about the map. Editor of the Alabama Reflector Brian Lyman reported that the map’s sponsor said he had spoken to House speaker Kevin McCarthy (R-CA) too: “It was quite simple,” the sponsor said. McCarthy “said ‘I’m interested in keeping my majority.’ That was basically his conversation.”
Alabama governor Kay Ivey, a Republican, signed the bill into law.
Today, assistant U.S. attorney general Todd Kim and U.S. attorney for the Western District of Texas Jaime Esparza wrote to Texas governor Greg Abbott and Texas interim attorney general Angela Colmenero warning that the actions of Texas in constructing a barrier in the Rio Grande between the U.S. and Mexico “violate federal law, raise humanitarian concerns, present serious risks to public safety and the environment, and may interfere with the federal government’s ability to carry out its official duties.”
The floating barrier violates the Rivers and Harbors Act, which prohibits the construction of any obstructions to navigation in U.S. waters and requires permission from the U.S. Army Corps of Engineers before constructing any structure in such waters. Abbott ignored that law to construct a barrier that includes inflatable buoys and razor wire.
Mexico has also noted that barrier buoys that block the flow of water violate treaties between the U.S. and Mexico dating from 1944 and 1970, and has asked for the barriers to be removed. So has the owner of a Texas canoe and kayaking company, who says the buoys prevent him from conducting his business. And so have more than 80 House Democrats, who have noted Abbott’s “complete disregard for federal authority over immigration enforcement.”
Unless Texas promises by 2:00 Tuesday afternoon to remove the barrier immediately, the U.S. will sue.
Abbott has made fear of immigration central to his political messaging. He is now faced with the reality that Biden’s parole process for migrants at the southern border has dropped unlawful entries by almost 70% since it went into effect in early May, meaning that border agents have more time to patrol and are making it harder to enter the U.S. unlawfully.
Abbott’s barrier seems designed to keep his messaging amped up, accompanied as it is by allegations that troops from the National Guard and the Texas Department of Public Safety have been ordered to push migrants, including children, back into the river and to withhold water from those suffering in the heat. There are also reports that migrants have been hurt by razor wire installed along the barrier.
Abbott responded to the DOJ’s letter: “I’ll see you in court, Mr. President.”
Yesterday, on the same day that Shawn Boburg, Emma Brown, and Ann E. Marimow added to all the recent stories of Supreme Court corruption an exclusive story showing how then-leader of the Federalist Society Leonard Leo funded a “a coordinated and sophisticated public relations campaign to defend and celebrate” Supreme Court Justice Clarence Thomas, the Senate Judiciary Committee voted along party lines to advance a bill that would require the U.S. Supreme Court to adopt a binding code of ethics.
“We wouldn’t tolerate this [behavior] from a city council member or an alderman," committee chair Dick Durbin (D-IL) said. “It falls short of ethical standards we expect of any public servant in America. And yet the Supreme Court won't even acknowledge it’s a problem.” “The Supreme Court Ethics, Recusal, and Transparency Act,” Durbin said, “would bring the Supreme Court Justices’ ethics requirement in line with every other federal judge and restore confidence in the Court.”
Senator Lindsay Graham (R-SC) disagreed that Congress could force the Supreme Court to adopt an ethics code. “This is an unseemly effort by the Democratic left to destroy the legitimacy of the Roberts court,” he said, although he agreed that the justices need “to get their house in order.”
Today, Dahlia Lithwick and Anat Shenker-Osorio noted in Slate that voters of both parties strongly support cleaning up the Supreme Court.
As signs of an indictment for his efforts to overturn the results of the 2020 presidential election grow stronger, Trump has taken to threats . When asked about incarceration, Trump said earlier this week: “I think it’s a very dangerous thing to even talk about, because we do have a tremendously passionate group of voters, much more passion than they had in 2020 and much more passion than they had in 2016. I think it would be very dangerous.”
His loyalists are working to undermine the law enforcement agencies that are supporting the rule of law. On July 11, 2023, Representative Jim Jordan (R-OH), chair of the House Judiciary Committee, wrote to chair of the Committee on Appropriations Kay Granger (R-TX) asking her to defund Biden’s immigration policies as well as the Federal Bureau of Investigation (FBI), which investigates crime.
It is notable that, for all their talk about law and order, the Republican-dominated legislature of Alabama and the state’s Republican governor have just openly defied the U.S. Supreme Court, which is hardly an ideological enemy after Trump stacked it to swing to the far right.
The Republican governor of Texas is defying both federal law and international treaties. After rampant scandals, the Republican-dominated Supreme Court refuses to adopt an ethics system that might restore some confidence in their decisions. And, aided by his loyalists, the front-runner for the 2024 Republican presidential nomination is threatening mob violence if he is held legally accountable for his behavior.
The genius of the American rebels in 1776 was their belief that a nation could be based not in the hereditary rights of a king but in a body of laws. “Where…is the King of America?” Thomas Paine wrote in Common Sense. “I'll tell you Friend…that in America THE LAW IS KING. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other.”
Democracy is based on the rule of law. Undermining the rule of law destroys the central feature of democracy and replaces that system of government with something else.
In Florida today, U.S. District Judge Aileen Cannon set May 20, 2024, as the date for Trump’s trial for hiding and refusing to give up classified national security documents.
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The Florida Board of Education approved new state social studies standards on Wednesday, including standards for African American history, civics and government, American history, and economics. Critics immediately called out the middle school instruction in African American history that includes “how slaves developed skills which, in some instances, could be applied for their personal benefit.” (p. 6). They noted that describing enslavement as offering personal benefits to enslaved people is outrageous.
But that specific piece of instruction in the 216-page document is only a part of a much larger political project.
Taken as a whole, the Florida social studies curriculum describes a world in which the white male Founders of the United States embraced ideals of liberty and equality—ideals it falsely attributes primarily to Christianity rather than the Enlightenment—and indicates the country’s leaders never faltered from those ideals. Students will, the guidelines say, learn “how the principles contained in foundational documents contributed to the expansion of civil rights and liberties over time” (p. 148) and “analyze how liberty and economic freedom generate broad-based opportunity and prosperity in the United States” (p.154).
The new guidelines reject the idea that human enslavement belied American principles; to the contrary, they note, enslavement was common around the globe, and they credit white abolitionists in the United States with ending it (although in reality the U.S. was actually a late holdout). Florida students should learn to base the history of U.S. enslavement in “Afro-Eurasian trade routes” and should be instructed in “how slavery was utilized in Asian, European, and African cultures,” as well as how European explorers discovered “systematic slave trading in Africa.” Then the students move on to compare “indentured servants of European and African extraction” (p. 70) before learning about overwhelmingly white abolitionist movements to end the system.
In this account, once slavery arrived in the U.S., it was much like any other kind of service work: slaves performed “various duties and trades…(agricultural work, painting, carpentry, tailoring, domestic service, blacksmithing, transportation).” (p. 6) (This is where the sentence about personal benefit comes in.) And in the end, it was white reformers who ended it.
This information lies by omission and lack of context. The idea of Black Americans who “developed skills” thanks to enslavement, for example, erases at the most basic level that the history of cattle farming, river navigation, rice and indigo cultivation, southern architecture, music, and so on in this country depended on the skills and traditions of African people.
Lack of context papers over that while African tribes did practice enslavement, for example, it was an entirely different system from the hereditary and unequal one that developed in the U.S. Black enslavement was not the same as indentured servitude except perhaps in the earliest years of the Chesapeake settlements when both were brutal—historians argue about this— and Indigenous enslavement was distinct from servitude from the very beginning of European contact. Some enslaved Americans did in fact work in the trades, but far more worked in the fields (and suggesting that enslavement was a sort of training program is, indeed, outrageous). And not just white abolitionists but also Black abolitionists and revolutionaries helped to end enslavement.
Taken together, this curriculum presents human enslavement as simply one of a number of labor systems, a system that does not, in this telling, involve racism or violence.
Indeed, racism is presented only as “the ramifications of prejudice, racism, and stereotyping on individual freedoms.” This is the language of right-wing protesters who say acknowledging white violence against others hurts their children, and racial violence is presented here as coming from both Black and white Americans, a trope straight out of accounts of white supremacists during Reconstruction (p. 17). To the degree Black Americans faced racial restrictions in that era, Chinese Americans and Japanese Americans did, too (pp. 117–118).
It’s hard to see how the extraordinary violence of Reconstruction, especially, fits into this whitewashed version of U.S. history, but the answer is that it doesn’t. In a single entry an instructor is called to: “Explain and evaluate the policies, practices, and consequences of Reconstruction (presidential and congressional reconstruction, Johnson's impeachment, Civil Rights Act of 1866, the 13th, 14th, and 15th Amendments, opposition of Southern whites to Reconstruction, accomplishments and failures of Radical Reconstruction, presidential election of 1876, end of Reconstruction, rise of Jim Crow laws, rise of Ku Klux Klan)” (p.104).
That’s quite a tall order.
But that’s not the end of Reconstruction in the curriculum. Another unit calls for students to “distinguish the freedoms guaranteed to African Americans and other groups with the 13th, 14th, and 15th Amendments to the Constitution…. Assess how Jim Crow Laws influenced life for African Americans and other racial/ethnic minority groups…. Compare the effects of the Black Codes…on freed people, and analyze the sharecropping system and debt peonage as practiced in the United States…. Review the Native American experience” (pp.116–117).
Apparently, Reconstruction was not a period that singled out the Black population, and in any case, Reconstruction was quick and successful. White Floridians promptly extend rights to Black people: another learning outcome calls for students to “explain how the 1868 Florida Constitution conformed with the Reconstruction Era amendments to the U.S. Constitution (e.g., citizenship, equal protection, suffrage)” (p.109).
All in all, racism didn’t matter to U.S. history, apparently, because “different groups of people ([for example] African Americans, immigrants, Native Americans, women) had their civil rights expanded through legislative action…executive action…and the courts.”
The use of passive voice in that passage identifies how the standards replace our dynamic and powerful history with political fantasy. In this telling, centuries of civil rights demands and ceaseless activism of committed people disappear. Marginalized Americans did not work to expand their own rights; those rights “were expanded.” The actors, presumably the white men who changed oppressive laws, are offstage.
And that is the fundamental story of this curriculum: nonwhite Americans and women “contribute” to a country established and controlled by white men, but they do not shape it themselves.
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Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
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brianlux
Moving through All Kinds of Terrain. Posts: 42,310
Today, Israel’s parliament passed a law that increases the power of the country’s right wing, headed by prime minister Benjamin Netanyahu. Israel does not have a written constitution, and the prime minister’s ruling coalition is in control of both the executive and the legislative branches of government. The only check on them was the courts, which could overturn extreme laws that did not pass a “reasonableness standard,” which means they were not made according to a basic standard of fair and just policymaking.
The new law aims to take away that judicial power, and it passed by a vote of 64–0 after opponents walked out in protest. Netanyahu’s coalition has indicated it intends to continue to weaken the institutions that can check it. “This is just the beginning,” said National Security Minister Itamar Ben-Gvir.
For 13 of the last 14 years, Netanyahu, who is under indictment for bribery, fraud, and breach of trust, has been Israel’s prime minister. Israeli democracy has weakened under him, in part because, as Zach Beauchamp of Vox explains, his support for Israeli settlement of the West Bank has fed an aggressive right-wing nationalist movement.
Netanyahu was turned out of the position briefly by a fragile coalition in 2021 but returned to power in December 2022 at the head of a coalition made up of ultranationalist and ultrareligious parties. That coalition commands just 64 out of 120 seats, a bare majority, in the Knesset, Israel’s unicameral legislature, which passes laws and runs the government.
As soon as the coalition formed, it announced its intention of reforming the judiciary to weaken it significantly. It also backed taking over the West Bank and limiting the rights of Palestinians, LGBTQ individuals, and secular Israelis. In early July the government launched a massive attack on the refugee camp in the city of Jenin in the occupied West Bank that killed at least 8 Palestinians and wounded 50 others, saying the camp contained a militant command center.
Secular and center-left Jewish Israelis flooded the streets to protest as soon as the coalition announced its attack on the judiciary, and they have continued to protest for 29 weeks. Last Saturday, military leaders wrote to Netanyahu, blaming him personally for the damage done to the military and to Israel’s national security, and demanding that he stop. “We, veterans of Israel’s wars,… are raising a blaring red stop sign for you and your government.” Thousands of Israeli military reservists warned they would not report for duty if the judicial overhaul plan passed, dramatically weakening the country’s national security.
If the far-right coalition destroys the independence of the judiciary, it will have kneecapped the courts that could convict Netanyahu. It could also rig future elections by, for example, barring Arab parties from participating, thus cementing its hold on power.
The United States was the first nation to recognize Israel 75 years ago and has been a staunch supporter ever since, to the tune of nearly $4 billion a year. But the country’s rightward lurch is testing the strength of that bond.
Netanyahu has politicized the two countries’ bonds, openly siding with Trump and Trump Republicans, who continue to offer him their support. President Joe Biden has staunchly supported Israel for 50 years but recently has warned Netanyahu personally against pushing court reform, and last week he took the extraordinary step of inviting New York Times columnist Thomas L. Friedman to the Oval Office to make his message clear. Biden told Friedman that Israel’s lawmakers should not make fundamental changes to the country’s government without a popular consensus. The White House called today’s vote “unfortunate.”
Nonetheless, the administration has repeatedly emphasized that the U.S.-Israel relationship is “ironclad,” although White House press secretary Karine Jean-Pierre reiterated that “the core of that relationship is…on democratic values, the shared democratic values and interests." In the Daily Beast today, David Rothkopf argued that Israel has abandoned those democratic values and thus has ended “America’s special relationship with Israel.” That damage “cannot be easily undone,” he writes. “A relationship built on shared values cannot be easily restored once it is clear those values are no longer shared.”
Two former U.S. ambassadors to Israel, Dan Kurtzer and Martin Indyk, have called for the U.S. to cut military aid to that country, saying it is time to develop a new approach to the relationship. At the New York Times, columnist Nicholas Kristof points out that Israel is a wealthy country and that U.S. aid is essentially “a backdoor subsidy to American military contractors.”
In order to stay in power and avoid his legal trouble, Netanyahu must cater to his country’s hard right, no matter the cost to the nation. In the Washington Post today, columnist Max Boot noted that Netanyahu is undermining Israeli democracy, risking Israel’s relationship with the U.S., and threatening to spark a violent uprising among West Bank Palestinians.
In the U.S. today, after Texas governor Greg Abbott responded to the Justice Department’s letter warning him his buoys and razor wire in the Rio Grande were illegal by telling the government he would see it in court, the Department of Justice filed a civil complaint against the state of Texas on the same grounds it cited in the letter: the deployment of barriers breaks the Rivers and Harbors Act. It also threatens to damage U.S. foreign policy by breaking international treaties with Mexico, and foreign policy is exclusively the responsibility of the federal government.
Today the Department of Justice also agreed to permit U.S. attorney David Weiss to testify before the House Judiciary Committee…but with a twist. Weiss is the Trump-appointed official in charge of investigating President Joe Biden’s son Hunter Biden. In response to Weiss’s decision to charge Biden with two misdemeanor tax offenses and permit a pretrial diversion agreement with regard to a firearms charge, Trump Republicans have spread widely the accusations of two Internal Revenue Service investigators that Attorney General Merrick Garland tied Weiss’s hands. (As far as I can tell, these witnesses are not official whistleblowers, a designation that would mean the inspector general has agreed their accusations have merit.)
Weiss has publicly denied that accusation twice, but committee chair Jim Jordan (R-OH), Ways and Means Committee chair Jason Smith (R-MO), and Oversight Committee chair James Comer (R-KY) have demanded that Weiss, as well as more than a dozen other officials, testify before their committees.
But while the committee chairs have asked for closed-door testimony, the Justice Department today said it will make Weiss available for a public hearing, writing: “The Department believes it is strongly in the public interest for the American people and for Congress to hear directly from U.S. Attorney Weiss on these assertions and questions about his authority at a public hearing.” The Justice Department has proposed a number of dates for that hearing immediately after the House comes back from its August recess.
Russia continues to bomb the Ukrainian port city of Odesa, targeting agricultural infrastructure. Putin seems to have decided that if he can’t have Odesa, neither can anyone else. On Friday, Russia destroyed 100 tons of peas and 20 tons of barley in Odesa. Russia’s attacks on Ukrainian grain facilities just as the wheat harvest begins have spiked global grain prices and threatened food exports to Africa, which Russia has suggested it could take over itself. Russia’s attacks on Ukraine have badly damaged the country’s agricultural capacity, a blow to global food supplies. Today, Klaus Iohannis, the president of Romania, said he “strongly condemn[s]” Russian attacks on grain transit after Russians hit the port of Reni on the Romanian border.
Russia’s attacks on the city have also badly damaged famous cultural sites, earning condemnation in “the strongest terms” from the United Nations Educational, Scientific and Cultural Organization (UNESCO). Such attacks on Ukraine’s infrastructure and cultural treasures are another attempt to swing the war in Russia’s direction.
And on Friday, Russian officials announced they are raising the maximum age that men can be conscripted into military service from 27 to 30 years old.
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President Biden’s determination to “build the economy from the middle out and the bottom up,” appears to be paying off. Last Friday the global financial services company Morgan Stanley credited Biden’s policies with driving a boom in large-scale infrastructure and manufacturing, a boom large enough that Morgan Stanley revised its gross domestic product growth projections upward to 1.9%, a projection almost four times higher than its original projection.
Analysts doubled their projections for the fourth quarter, and raised forecasts for next year, as well. “The economy in the first half of the year is growing much stronger than we had anticipated,” Morgan Stanley’s chief U.S. economist Ellen Zentner wrote.
Part of their reasoning comes from a surge in manufacturing construction across the country thanks to the Bipartisan Infrastructure Law, which invests in roads, bridges, and other “hard” infrastructure projects; the Inflation Reduction Act, which invests in addressing climate change; and the CHIPS and Science Act, which invests in science and semiconductor chip manufacturing. During the 2010s, manufacturing construction generally held at about $50–80 billion a year. Now it is at $189 billion, with private investment following the government investment.
In half of the U.S. states, job creation is strong and unemployment is at or near 50-year lows, while lowering inflation rates has helped U.S. consumer confidence to rise to its highest level in two years (an important marker because consumer spending makes up about 70% of U.S. economic activity).
Today, the Teamsters union announced it has reached an agreement with United Parcel Service to avoid a major strike of as many as 340,000 workers. The tentative five-year agreement increases wages, including those for part-time employees, which was a sticking point in negotiations. Teamsters members still need to approve this deal, but Biden applauded the two sides for reaching an agreement by negotiating in good faith.
The agreement, Biden said, is “a testament to the power of employers and employees coming together to work out their differences at the bargaining table in a manner that helps businesses succeed while helping workers secure pay and benefits they can raise a family on and retire with dignity and respect.”
At the Economic Innovation Group, a bipartisan organization devoted to building a more dynamic U.S. economy, Daniel Newman reported yesterday that “[i]ndividuals filed nearly 2.7 million applications to start a business between January and June of this year, a 5 percent increase over 2022 and a staggering 52 percent increase over the same period in 2019.” He noted that “[t]he durability and growth of the startup surge is quite striking” and that nearly every major industry sector is participating in it.
Historically, Newman notes, “there is a tight correlation between the number of applications and true business formation.” “The sustained boost to entrepreneurship observed across much of the country since 2020 should produce a sense of optimism for a healthier, more dynamic economy in the coming years.”
Biden has always emphasized the importance of a healthy economy that gives workers breathing room and the ability to live with dignity.
But the administration’s reworking of the nation has not stopped there. Vice President Kamala Harris has stood firm on visibly honoring the nation’s commitment to equality before the law, and Biden has followed suit. Together, they have recalled the multicultural vision of the years from World War II to 1980, when the nation celebrated the power of its diversity.
On July 16, Harris spoke in Chicago at the retirement of the Reverend Jesse Jackson from the Rainbow/PUSH Coalition, a civil rights organization he founded in 1971. Celebrating Jackson’s storied career, from his years as a protege of the Reverend Martin Luther King, Jr., to creating Rainbow/PUSH, to running for president and critiquing the policies of the Republican Party, Harris noted that Jackson’s work rested on “the belief that the diversity of our nation is not a weakness or an afterthought, but instead, our greatest strength.”
“In his life’s work,” she said, Jackson “has reinforced that no matter who we are or where we come from, we have so much more in common than what separates us.” Jackson “has [brought] and continues to bring together people of all backgrounds: Black Americans, Asian Americans, Latino Americans, farmers, LGBTQ+ Americans, Native Americans, women, labor union members, people with disabilities, our young leaders, and people around the world.”
He created “[a] coalition to push the values of democracy and liberty and equality and justice not from the top down, but from the bottom up and the outside in…. He has built coalitions that expanded who has a voice and a seat at the table. And in so doing, he has expanded our democracy—the democracy of our nation.”
But, Harris warned, extremists are threatening that expansion of democracy, seeking “to divide us as a nation,… to attack the importance of diversity and equity and inclusion.” “[I]n these dark moments,” she said, “history shines a light on our path.” “[O]ur ability to stand together is our strength. Our ability to unify as many peoples is our strength. And the heroes of this moment will be those who bring us together in coalition; those who know that one’s strength is not measured based on who you beat down, but who you lift up.”
Vice President Harris today opened an event to mark Biden’s designation of a national monument in honor of Emmett Till and his mother, Mamie Till-Mobley, in a searing reminder of what those determined to make the United States a country defined by white supremacy can do. “We gather to remember an act of astonishing violence and hate and to honor the courage of those who called upon…our nation to look with open eyes at that horror and to act,” Harris said.
In August 1955, fourteen-year-old Emmett Till, a Black boy from Chicago, was visiting relatives in a small Mississippi town. After the wife of a white man named Roy Bryant accused the boy of flirting with her, Bryant and his half-brother, J. W. Milam, kidnapped Till, brutally beat him, mutilated him, shot him in the back of the head, and dumped his body in the Tallahatchie River. The county sheriff directed that the body be buried quickly, but his mother insisted that her son’s body be returned to Chicago.
There, she insisted on an open-casket funeral. “Let the world see what I have seen,” she said.
Till’s murder became a symbol of what would happen if men were not called to account for their actions and a rallying cry to make sure such a society of white supremacists could not survive.
In March 2022, President Biden signed the Emmett Till Antilynching Act, making lynching a federal hate crime. And he warned that “those who seek to ban books, bury history,” would not succeed. “[W]hile darkness and denialism can hide much,” he said, “they erase nothing.” And, he added, “only with truth comes healing, justice, repair, and another step forward toward forming a more perfect union.”
Today, on what would have been Emmett Till’s eighty-second birthday, Biden established the Emmett Till and Mamie Till-Mobley National Monument. It covers three historic sites in Mississippi and Chicago: the site in Graball Landing, Mississippi, where Till’s body is believed to have been pulled from the Tallahatchie River; the Chicago church where mourners held Till’s funeral; and the courthouse in Sumner, Mississippi, where an all-white jury acquitted Bryant and Milam.
“We can’t just choose to learn what we want to know” about our history, Biden said. “We have to learn what we should know. We should know about our country. We should know everything: the good, the bad, the truth of who we are as a nation. That’s what great nations do, and we are a great nation.”
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Yesterday a team of international researchers confirmed that human-caused climate change is driving the life-threatening heat waves in the U.S. and Europe. The U.S. has broken more than 2,000 high temperature records in the past month, and it looks like July will be the hottest month on Earth since scientists have kept records.
Another study published yesterday warns that the Atlantic currents that transport warm water from the tropics north are in danger of collapsing as early as 2025 and as late as 2095, with a central estimate of 2050. As Arctic ice melts, the cold water that sinks and pulls the current northward is warming, slowing the mechanism that moves the currents. The collapse of that system would disrupt rain patterns in India, South America, and West Africa, endangering the food supplies for billions of people. It would also raise sea levels on the North American east coast and create storms and colder temperatures in Europe.
On Sunday and Monday, the ocean water off the tip of Florida reached temperatures over 100 degrees Fahrenheit (37.8 Celsius), the same temperature as an average hot tub. According to the Coral Restoration Foundation, a nonprofit organization in Florida’s Key Largo that works to protect coral reefs, the hot water has created “a severe and urgent crisis,” with mortality up to 100%. The Mediterranean Sea also hit a record high this week, reaching 83.1 degrees Fahrenheit (28.4 Celsius).
An op-ed by David Wallace-Wells in the New York Times today noted that more land burned in Quebec in June than in the previous 20 years combined; across Canada, more than 25 million acres burned. And most of Canada’s fire season is still ahead.
Professor Ian Lowe of Australia’s Griffith University told The Guardian that he recalled reading the 1985 report that identified the link between greenhouse gasses and climate change, and worked to draw public attention to it. “Now all the projected changes are happening,” he said. “I reflect on how much needless environmental damage and human suffering will result from the work of those politicians, business leaders and public figures who have prevented concerted action. History will judge them very harshly.”
Former vice president Mike Pence, who is running for the 2024 Republican presidential nomination, today unveiled his economic proposal. It calls for eliminating the Environmental Protection Agency and the Biden administration’s incentives designed to address climate change.
In that, he is in line with Republican lawmakers. Earlier this month, Mike Magner in Roll Call noted that at least four of the bills released so far by the House Appropriations Committee for 2024 include cutting funding to address climate change that Congress appropriated in the Inflation Reduction Act. Project 2025, which has provided the blueprint for a Trump presidency, says “the Biden Administration’s climate fanaticism will need a whole-of-government unwinding,” and calls for more use of fossil fuels.
A new report from the United Nations Environment Programme (UNEP) and Columbia University says that court cases related to climate change have more than doubled in five years. Thirty-four of the 2,180 lawsuits have been brought forward on behalf of children, teens, and young adults.
And therein lies a huge problem for today’s Republican Party. A recent poll of young voters shows they care deeply about gun violence, economic inequality, LGBTQ+ rights, and climate change. All of those issues are only becoming more prominent.
And speaking of young people and the problems Republicans are having with that generation, I have only one other observation tonight, as I am spending this week reading the audiobook for the new book and am truly exhausted. It appears that the administration is pushing back on the attempts of states like Florida to whitewash our history by providing historical recaps in its press releases.
Today is the 75th anniversary of the desegregation of the armed forces by President Harry S. Truman in 1948, and the White House statement celebrating that anniversary did more than acknowledge it and praise today’s multicultural military. It recounted the history of Black service members from the American Revolution to the present.
It covered the Black regiments that fought in the Civil War to preserve the United States and defend their own freedom; the highly decorated Harlem Hellfighters of World War I who fought in France as part of the French army because American commanders would not have them alongside white units; the Tuskegee Airmen who flew 15,000 missions in World War II but returned home to discrimination and oppression.
It then went on to call out the women and men of color who have served in the U.S. military, including the Indigenous Code Talkers, who turned native languages into an unbroken code during World War II while their people were losing their lands; the famous 442nd Regimental Combat Team of Japanese Americans who fought in Europe even as their families were incarcerated in camps in the United States; the 65th Infantry Regiment of Puerto Rican soldiers in the Korean War, known as the Borinqueneers, who were court martialed as a group when their commander was replaced by a non-Hispanic officer.
Taken with yesterday’s quite comprehensive history of the 1955 murder of 14-year-old Black child Emmett Till, it seems as if the White House has found a simple way to push back on the whitewashed history taught in places like Florida: making the country’s real history easily available.
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More good news today for Bidenomics, as the gross domestic product report for the second quarter showed annualized growth of 2.4%, higher than projected, and inflation rose at a slower pace of 2.6%, down from last quarter and well below projections. Economic analyst Steven Rattner noted that as of the second quarter, “the US economy is over 6% larger than it was before COVID (after adjusting for inflation). At this point in the recovery from the Great Recession, 2011, the economy was just 0.7% larger than it had been in 2007.”
Both consumer spending and business investment, which is up 7.7% in real annualized terms, drove this growth. Business spending makes up a much smaller share of gross domestic product, but it drives future jobs and growth, and much of this growth is in manufacturing facilities. In keeping with that trend, the nation’s largest solar panel manufacturer, First Solar, announced today that it will build a fifth factory in the U.S. as alternative energy technology takes off. This commitment brings to more than $2.8 billion the amount First Solar has invested in the U.S. to ramp up production.
While so-called Bidenomics is designed to rebuild the middle class, the administration is also trying to reestablish fair ground rules for corporate behavior. Yesterday, the Departments of Justice, Commerce, and Treasury invited American businesses to come forward voluntarily if they think they might have violated U.S. sanctions, export controls, or other national security laws by sharing sensitive technology or helping sanctioned individuals launder money. Coming forward “can provide significant mitigation of civil or criminal liability,” the note says.
It highlighted the anti–money laundering and sanctions whistleblower program in the Treasury Department’s Financial Crimes Enforcement Network, or FinCEN.
While many of us were watching the federal courthouse in Washington, D.C., to see if an indictment was forthcoming against former president Trump for his attempt to overturn the results of the 2020 election, a different set of charges appeared tonight. Special counsel Jack Smith brought additional charges against Trump in connection with his retention of classified documents.
The new indictment alleges that Trump plotted to delete video from security cameras near the storage room where he had stored boxes containing classified documents, and did so after the Department of Justice subpoenaed that footage. That effort to delete the video involved a third co-conspirator, Carlos De Oliveira, who has been added to the case.
De Oliveira is a former valet at the Trump Organization’s Mar-a-Lago property who became property manager there in January 2022. Allegedly, he told another Trump employee that “the boss” wanted the server deleted and that the conversation should stay between the two of them.
In the Washington Post, legal columnist Ruth Marcus wrote, “The alleged conduct—yes, even after all these years of watching Trump flagrantly flout norms—is nothing short of jaw-dropping: Trump allegedly conspired with others to destroy evidence.” If the allegations hold up, “the former president is a common criminal—and an uncommonly stupid one.”
This superseding indictment reiterates the material from the original indictment, and as I reread it, it still blows my mind that Trump allegedly compromised national security documents from the Central Intelligence Agency, the Department of Defense, the National Security Agency, the National Geospatial Intelligence Agency (surveillance imagery), the National Reconnaissance Office (surveillance and maps), the Department of Energy (nuclear weapons), and the Department of State and Bureau of Intelligence and Research (diplomatic intelligence).
It sounds like he was a one-man wrecking ball, aimed at our national security.
The Justice Department has asked again for a protective order to protect the classified information at the heart of this case. In their request, they explained that, among other things, Trump wanted to be able to discuss that classified information with his lawyers outside a Sensitive Compartmented Information Facility, or SCIF, a room protected against electronic surveillance and data leakage.
Former deputy assistant director of the FBI’s counterintelligence division Peter Strzok noted that there is “[n]o better demonstration of Trump’s abject lack of understanding of—and disregard for—classified info and national security. He is *asking the Court* to waive the requirements for classified info that EVERY OTHER SINGLE CLEARANCE HOLDER IN THE UNITED STATES must follow.”
The Senate today passed the $886 billion annual defense bill by a strong bipartisan margin of 86 to 11 after refusing to load it up with all the partisan measures Republican extremists added to the House bill. Now negotiators from the House and the Senate will try to hash out a compromise measure, but the bills are so far apart it is not clear they will be able to create a bipartisan compromise. The National Defense Authorization Act (NDAA) has passed on a bipartisan basis for more than 60 years.
The extremists in the House Republican conference continue to revolt against House speaker Kevin McCarthy’s (R-CA) deal with the administration to raise the debt ceiling. They insist the future cuts to which McCarthy agreed are not steep enough, and demand more. This has sparked fighting among House Republicans; Emine Yücel of Talking Points Memo suggests that McCarthy’s new willingness to consider impeaching President Biden might be an attempt to cut a deal with the extremists.
As the Senate is controlled by Democrats, the fight among the House Republicans threatens a much larger fight between the chambers because Democratic senators will not accept the demands of the extremist Republican representatives.
The House left for its August recess today without passing 11 of the 12 appropriations bills necessary to fund the government after September, setting up the conditions for a government shutdown this fall if they cannot pass the bills and negotiate with the Senate in the short time frame they’ve left. Far-right Republicans don’t much care, apparently. Representative Bob Good (R-VA) told reporters this week, “We should not fear a government shutdown… Most of what we do up here is bad anyway.”
Representative Katherine Clark (D-MA), the second ranking Democrat in the House, disagreed. “The Republican conference is saying they are sending us home for six weeks without funding the government? That we have one bill…out of 12 completed because extremists are holding your conference hostage, and that’s not the full story: the extremists are holding the American people hostage. We will have twelve days…when we return to fund the government, to live up to the job the American people sent us here to do. This is a reckless march to a MAGA shutdown, and for what? In pursuit of a national abortion ban? Is that what we are doing here?
“The American people see through this. They know who is fighting for them, fighting for solutions…. Your time is coming. The American people are watching. They are going to demand accountability. We should be staying here, completing these appropriations bills, stripping out the toxic, divisive, bigoted riders that have been put on these bills and get[ting] back to work for freedom and for our economy and the American family.”
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On Wednesday, soldiers of the presidential guard overthrew Niger’s democratically elected president, Mohamed Bazoum, and replaced him with a military general, Abdourahmane Tchiani. Niger gained independence from France in 1960, and after a series of upheavals, the country established its current democracy in 2011. Bazoum was the first elected leader since then to succeed another in a peaceful democratic transfer of power. Niger is a key player in the struggle to establish democracy in Africa, and Bazoum’s overthrow is part of that larger story.
Niger is a landlocked country about twice the size of Texas in the center of the Sahel region in Africa, a dry grassland region that crosses the continent from the Atlantic to the Red Sea. The Sahel sits below the Sahara and above the tropical Sudanian savanna. That region is being hit terribly hard by climate change, as temperatures are rising there faster than anywhere else in the world, making the desert push into the grasslands. The United Nations estimates Niger loses almost 250,000 acres of arable land each year.
That region has also been plagued by violent Islamic groups, and strongmen promising to restore order have launched successful coups in the countries of Mali and Burkina Faso, which are Niger’s neighbors. (When Vice President Kamala Harris went to Ghana in March, her visit was partly to shore up democracy in that country, which is on the edge of the Sahel region and under pressure from militants in Sahel countries.)
While Niger’s people are some of the poorest in the world, the country’s resources are immensely valuable. Niger has oil and, more strikingly, produces 7% of all the uranium in the world. It also has the fastest population growth in the world, with more than half the population under 15. Noting that young people are vulnerable to radicalization, the U.S. last year said that “helping Niger to become an increasingly capable partner against regional threats is a critical goal.”
Nigerien forces have worked alongside France and the U.S. to combat Islamic terrorism in the region, and both France and the U.S. have troops stationed in Niger: France has about 1,500, and the U.S. has about 1,100. In 2022 the U.S. State Department described Niger as “strategically important as a linchpin for stability in the Sahel as well as a reliable counterterrorism partner against ISIS,…Boko Haram,…[and] other regional violent extremist organizations.”
In March, U.S. Secretary of State Antony Blinken visited Niger, where he announced a $150 million humanitarian aid package to the Sahel region, bringing the year’s total aid from the U.S. to $233 million. "Niger is a young democracy in a challenging part of the world," Blinken told reporters. "But it remains true to the values we share. Niger has been quick to defend the democratic values under threat in neighboring countries."
During that visit, Niger's foreign minister said that Niger would uphold democratic values to combat extremists. "We need to show that democracy is the only way to defeat terrorism," he said.
Russia’s mercenary leader Yevgeny Prigozhin and his Wagner Group troops have also been active in the region, working on the side of those overthrowing the governments in Mali and Burkina Faso by mercilessly crushing their opponents. In exchange, they extract highly valuable resources.
While it is not clear that the Wagner Group was involved in the government overthrow in Niger—the French newspaper Le Monde says there are no obvious signs of Russian involvement—some of the militants have been waving Russian flags, and Prigozhin yesterday took credit for the coup.
“This shows the effectiveness of Wagner,” Prigozhin said on social media. “A thousand Wagner fighters are able to restore order and destroy terrorists, preventing them from harming the civilian population of states.” This boast could well just be Prigozhin trying to rebuild his brand after his march on Moscow, but both Mali and Burkina Faso have turned toward Moscow after the coups there, and there is reason to think the same could happen in Niger.
Certainly, as their war in Ukraine goes poorly, it seems as if Russian leaders are throwing more of their weight into Africa. Putin has recently torn up the agreement that enabled Ukraine to export 35 million tons of grain in the past year, at least half of it to the developing world. He has added new mines to the Black Sea and has begun to bomb Ukraine’s grain-exporting ports, including the major port of Odesa, destroying 60,000 tons of grain stored there for export.
At a Russia-Africa summit held in St.Petersburg over the past two days between Russia and the leaders of 17 African countries, Russian president Vladimir Putin promised that Russia would export free grain to African countries to make up the difference. But Gyude Moore, senior policy fellow at the Centre for Global Development, told an Al Jazeera reporter that the amount he has offered is “too small in terms of the need.”
It is also notable that African attendance at this summit is much smaller than at the first Russia-Africa summit in 2019, when 43 African leaders attended, suggesting that the continent as a whole is not tilting toward Russia.
In New Zealand yesterday, where he said the “door is open” for New Zealand and other nations to join AUKUS, the new security pact between the U.S., the U.K. and Australia, Blinken noted that Russia is responsible for cutting off food to Africa and pointed out that the U.S. donates about half of the budget of the World Food Program while Russia contributes about .02%.
“So that gives you some idea of who’s the solution and who’s the problem,” he said. He suggested that Russia’s attack on grain headed for Africa “sends a very clear message, and I think it’s a message that is falling on very, very critical and concerned ears in Africa and throughout the developing world. My expectation would be that Russia will hear this clearly from our African partners when they meet.” “[T]hey know exactly who’s to blame for this current situation.”
U.N. Secretary-General António Guterres condemned “in the strongest terms” the attempt to seize power by force and called for those involved “to exercise restraint and to ensure the protection of constitutional order.” “We strongly condemn any effort to detain or subvert the functioning of Niger’s democratically elected government, led by President Bazoum,” White House National Security Adviser Jake Sullivan said. A spokesperson for the White House National Security Council added: “An unconstitutional seizure of power puts at grave risk our continued security cooperation with the government of Niger.”
Ulf Laessing, head of the Sahel program at Germany’s Konrad Adenauer Foundation, told the Associated Press that the mutiny was a “nightmare scenario for Western powers who had betted on Bazoum and Niger as new security anchor for the Sahel.”
Still, Laessing added, “It remains to be seen whether this is the last word. Parts of the army are probably still loyal to Bazoum. They benefited much from equipment and training as part of foreign military assistance.” People in the streets protested the takeover, with one telling a reporter: “We are here to show the people that we are not happy about this movement going on, just to show these military people that they can’t just take the power like this…. We are a democratic country, we support democracy and we don’t need this kind of movement.”
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I had intended to write about Bacon’s Rebellion today, since on this date in 1676, Nathaniel Bacon published the Declaration of the People of Virginia, outlining the rebels’ demands —and, let’s be honest, also because I am giddy with relief at finishing the final stages of the new book and eager to be doing history again—but President Joe Biden gave a surprisingly interesting talk in Freeport, Maine, yesterday that hit my in-box today just as I was sitting down to write about Bacon. (I wasn’t at the event—I was in Boston recording the audiobook.)
When he first spoke at the State Department on February 4, 2021, Biden tied foreign policy and domestic policy together, saying: “There’s no longer a bright line between foreign and domestic policy. Every action we take in our conduct abroad, we must take with American working families in mind. Advancing a foreign policy for the middle class demands urgent focus on our domestic…economic renewal.”
“If we invest in ourselves and our people,” he said back in 2021, “if we fight to ensure that American businesses are positioned to compete and win on the global stage, if the rules of international trade aren’t stacked against us, if our workers and intellectual property are protected, then there’s no country on Earth…that can match us.
“Investing in our diplomacy isn’t something we do just because it’s the right thing to do for the world. We do it in order to live in peace, security, and prosperity. We do it because it’s in our own naked self-interest. When we strengthen our alliances, we amplify our power as well as our ability to disrupt threats before they can reach our shores.”
Yesterday, in a campaign reception at a private home in Freeport, he gave what amounted to a more personal version of that speech, updated after the events of his first two and a half years in office. As he spoke informally to a small audience, he seemed to hit what he sees as the major themes of his presidency so far. The talk included an interesting twist.
Biden talked again about the world being at an inflection point, defining it as an abrupt turn off an established path that means you can never get back on the original path again. The world is changing, he said, and not because of leaders, but because of fundamental changes like global warming and artificial intelligence. “We’re seeing changes… across the world in fundamental ways. And so, we better get going on what we’re going to do about it, both in foreign policy and domestic policy.”
“Name me a part of the world that you think is going to look like it did 10 years ago 10 years from now,” he said.
But Biden went on to make the case that such fundamental change “presents enormous opportunities.”
He began by outlining the economic successes of his administration: more than 13.2 million new jobs—including 810,000 jobs in manufacturing—inflation coming down, and so on. He attributed that success to his administration’s embrace of the country’s older vision of investing in workers and the middle class rather than concentrating wealth at the top of the economy in hopes that the wealthy would invest efficiently. The administration focused on infrastructure and manufacturing, using measures like the CHIPS and Science Act and the Inflation Reduction Act to jump-start private investment in new industries in the U.S.
Then he turned to foreign affairs. “Does anybody think that the post-war eras still exist, the rules of the road from the end of World War Two?” he asked. The Atlantic Charter of August 1941 that defined a post–World War II order based that world on territorial integrity, national self-determination, economic growth, and alliances to protect those values. It was the basis for most of the postwar international institutions that have protected a rules-based order ever since.
But the world has changed, Biden said. In recognition of the new era, in June 2021, Biden and then–U.K. prime minister Boris Johnson signed a “New Atlantic Charter” to update the original. The new charter renews the U.S. commitment to the old one, then resolves “to defend the principles, values, and institutions of democracy and open societies,” and to “strengthen the institutions, laws, and norms that sustain international co-operation to adapt them to meet the new challenges of the 21st century, and guard against those that would undermine them.”
Yesterday, Biden noted that his administration has shored up alliances around the world, just as he called for at the State Department back in February 2021 and in the New Atlantic Charter of June 2021. It helped to pull Europe together to support Ukraine against Russia’s 2022 invasion, and the North Atlantic Treaty Organization (NATO) “is stronger today than it’s ever been in its existence.”
The Indo-Pacific world is changing, with new alliances coming together to hold firm on the idea of a rules-based international order. Biden has supported “the Quad”—India, Japan, Australia, and the United States—to stop China from changing that order, and other countries are taking note, shifting toward support for that order themselves. Did “anybody ever think Japan would increase its military budget over its domestic budget and help a European war on the side of the West?” Biden asked. “That’s what it’s doing. It’s changing the dynamic significantly.”
“The world is changing in a big way,” Biden said. “And we want to promote democracies…. [T]here is so much going on that we can make the world…a lot safer and better and more secure.”
“So…if you think about what’s happening, there is a confluence, if we get this right, of both domestic economic policy and foreign policy. [It] can make [us] safer and more secure than we’ve been [for] a long, long time.”
For all that his talk was a heartfelt recap of his presidency, he emphasized that the key to those successes has been democratic institutions. Referring to President Bill Clinton's secretary of state Madeleine Albright’s reference to the United States as “the essential nation,” he attributed the leadership of the United States in world affairs not to its military might or economic power, but rather to its ability to create and defend alliances and, crucially, institutions that aspire to a rules-based world that works for, rather than against, ordinary people.
“Who could possibly bring the world together?” Biden asked. “Not me. But the President of the United States of America. Who could do it unless the President of the United States does it? Who? What nation could do it?” His vision was not the triumphalism of recent presidents; it reached back to the 1940s, to the postwar institutions that helped to rebuild Europe and create lasting alliances, and expanded that vision for the twenty-first century.
He recognized that U.S. policies have caused damage in the past, and that the country must fix things it has broken. “We’re the ones who polluted the world,” he said, for example. “We made a lot of money,” and now the bill has come due.
And while the nation’s postwar vision was centered on majority-white countries, he emphasized that the modern world must include everyone. “[T]here’s a whole lot at stake, he said, “And I think we have an opportunity. And one of the ways we make life better for us is make life better for the rest of the world. That’s why I pushed so hard for the Build Back Better initiative to build the infrastructure in Africa…and in Latin America and South America.”
Biden noted that the strength of the U.S. is in its diversity. “I said when I got elected I was going to have an administration that looked like America.” He noted that there are a higher percentage of women in his Cabinet than ever before—more than the number of men—and that he had appointed more Black appellate court judges to the federal courts “than every other president in America combined.” He did this for a simple reason, he said: “Our strength is our diversity. It’s about time we begin to use it.”
“[T]he whole world is changing,” Biden said, “But if we grab hold,” he continued, “[t]here’s nothing beyond our capacity.”
If I were writing a history of the Biden administration 150 years from now, I would call out this informal talk as an articulation of a vision of American leadership, based not in economic expansion, military might, or personalities, or even in policies, but in the strength of the institutions of democracy, preserved through global alliances.
So I guess I got to write about history today, after all.
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This week we finished recording the audiobook for Democracy Awakening.
And so the entire process of writing a book, from getting the idea to reading the audiobook, is done, done, done, done, done.
It reads well, I think. In an odd way it is a deeply personal book: it’s basically my thoughts about the conversations we all have been having for the past four years about history, politics, democracy, and authoritarianism, based on my years of studying history and thinking about the human condition. We originally called the book “All I Know,” and that title would actually be pretty fair.
I’m superstitious about saying more now, but I’ll be speaking about the ideas in the book all over the country starting on the publication date—September 26—and will undoubtedly say then all the things I don’t dare venture now. (I’ll post a tour schedule somewhere obvious as soon as I get it.)
One thing new in this go-round is that the pandemic made it hard to get paper (manufacturers switched to cardboard packaging) and to print new runs (large printing facilities in the U.S. have closed as people turned to electronic formats), so if you think you’re going to want an actual book you might want to consider preordering one in the next week or so, from a local bookseller if you can. The publisher uses an algorithm based on preorders to determine the size of the first run, and while a second print run used to take about a week, now it can take as long as 8 weeks, so strong preorder numbers help to avoid running out of copies.
Considering how much the book feels like a community conversation, it seemed particularly appropriate that the audio recording was sort of old home week. My favorite sound guy, with whom I’ve worked for ages, was producing the recording. He was using a new studio, and it turned out I knew the studio’s owners; we had worked together about five years ago. I had never worked with the director before, but we figured out over the course of the week that we had a number of friends in common. And then, just as we were finishing the last chapter, my nephew, who’s a photographer, stopped by and started snapping pictures.
Here is an image of his I particularly like because it evokes all the hard work it takes to bring a project to life, and all the terrific people who make it happen. Sound producer Michael Moss is at the far right of the photo managing the recording, director Paul Ruben is on the computer screens (probably correcting me for the millionth time, poor man), and I’m on the left in the sound booth.
I’m going to take the night off, and will be back at it tomorrow. I’m guessing this week is going to be interesting.
[Image by Tyler Mitchell of Tyler Mitchell Creative.]
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At Ukraine’s request, Saudi Arabia will host peace talks with up to 30 countries next month about negotiating an end to Russia’s invasion of Ukraine. The meetings will include the United Kingdom, Poland, and the European Union, as well as the United States. Brazil, India and South Africa—all three members of BRICS, the economic group made up of Brazil, Russia, India, China, and South Africa—will attend, but Russia is not invited. Laurence Norman and Stephen Kalin of the Wall Street Journal report that diplomats picked Saudi Arabia to host the talks in hope of persuading China, which has close ties to Russia, to participate.
The basis for the talks will be Ukraine’s ten-point plan, which includes the removal of all Russian troops from Ukraine, but Norman and Kalin report that the plan will be adopted only if it is broadened into a widely shared set of principles that reinforce a rules-based international order. That ten-point plan calls for nuclear safety, food security, energy security, the release of all prisoners and deportees, territorial integrity, withdrawal of troops, justice, prevention of environmental damage, military security, and a firm end to the war.
While Ukrainians have the specific examples of the current war in mind—the Zaporizhzhia nuclear plant, which is now occupied by Russia, for example, and Russia’s destruction of food supplies and energy infrastructure, as well as Russian kidnapping of children—these principles have universal appeal.
“The Ukrainian Peace Formula contains 10 fundamental points, the implementation of which will not only ensure peace for Ukraine, but also create mechanisms to counter future conflicts in the world,” the head of Ukraine’s presidential office, Andriy Yermak, said in a statement. “We are deeply convinced that the Ukrainian peace plan should be taken as a basis, because the war is taking place on our land.”
At home, as David Smith noted today in The Guardian, quoting Democratic strategist Simon Rosenberg, Republican talking points against Biden and the Democrats “are having a really bad summer.” Republicans have centered their attacks on what they insist is a crisis at the southern border, crime in cities, and inflation. But in fact, as Smith points out, there is relative calm at the border (unlawful crossings dropped by more than 70% when Biden’s policies went into effect in early May) and violent crime has fallen (while Republicans are in the awkward position of explaining away Trump’s own apparent lawbreaking and threats of violence).
And inflation is down to 3%, lower than in any other major economy, while employment is at its strongest rate in half a century. On Friday, Yale School of Management professor Jeffrey Sonnenfeld and Steven Tian, a former quantitative investment analyst, wrote an article in Fortune titled: “Bidenomics’ Critics Are Being Proven Wrong. Happy Days Are Here Again.”
Sonnenfeld and Tian wrote that the economic theories of the past were proved wrong long ago and “[t]he U.S. economy is now pulling off what all these experts said was impossible: strong growth and record employment amidst plummeting inflation. And just as importantly, thanks to Bidenomics, the fruits of economic prosperity are inclusive and broad-based, amidst a renaissance in American manufacturing, investment, and productivity.” They conclude: “Bidenomics is proving to be the most impactful and transformative public investment program since FDR’s New Deal, with even Morgan Stanley acknowledging that economists broadly underestimated the positive effect of Bidenomics.”
As Smith wrote, the relative weakness of attacks on policy positions means that Republicans are pivoting to attacks on Biden’s character, not a bad move considering their own front runner appears to be weak on that front. Hence today’s House Committee on Oversight closed-door hearing with Devon Archer, Hunter Biden’s former business partner.
Committee chair James Comer (R-KY) told reporters that the hearing reaffirmed their questions—perhaps because they didn’t like the answers—about Joe Biden’s knowledge of his son’s foreign business dealings. Representative Dan Goldman (D-NY), who said he was the only committee member who stayed for the whole testimony (suggesting that the Republicans weren’t really interested in it), said that “Archer testified that Joe Biden NEVER discussed any business with Hunter and his associates” and that “there was no bribe from Burisma to Joe or Hunter.”
Representative Andy Biggs (R-AZ) confirmed that Archer “didn’t know anything about” the supposed $5 million bribe to Biden that Republicans have made much of. Goldman concluded: “This investigation has uncovered ZERO evidence connected to President Biden.”
But there is another story that would have been a scandal in any other era, when we weren’t completely exhausted by scandals: the giant trucking company Yellow is on the verge of bankruptcy and is shutting down, throwing 30,000 people, including 22,000 Teamsters union members, out of work.
Just three years ago, the Trump administration overruled the Pentagon to certify that Yellow was critical to maintaining national security, qualifying it for a $700 million federal loan during the pandemic. Both White House chief of staff Mark Meadows and Treasury Secretary Steven Mnuchin were personally involved in the deal, which Trump’s 2020 campaign used to suggest Trump was friendly to workers.
According to Yeganeh Torbati and Jeff Stein, who covered the story in April 2022 for the Washington Post, the $700 million loan “was by far the largest provided to any company through the program for businesses critical to national security.” Yellow has repaid $55 million in interest on the loan, but just $230 in principal. In May the company owed $729.2 million to the U.S. Treasury.
Still, the first New York Times/Sienna College poll of the 2024 campaign shows Trump winning 54% of the votes of likely Republican primary voters. The next closest challenger is Florida governor Ron DeSantis, at 17%. It appears Trump still has a lock on his base, and it is that base, the Washington Post’s Greg Sargent points out, that is demanding that House Republicans, led by House speaker Kevin McCarthy (R-CA) do more to protect Trump and bring down Democratic president Joe Biden.
For all that the base is in Trump’s camp, Peter Nicholas and Megan Lebowitz of NBC News note that of all the dozens of people who served in Trump’s cabinet, only four have said publicly they support his reelection and many are openly opposing him. Semafor’s Washington bureau chief Benji Sarlin noted that while “[e]veryone has thoroughly absorbed it already, it is 100% insane to have a president opposed by basically his whole cabinet—some of whom actively are or considered running against him themselves.”
Journalist Brian Beutler points out that Republican leaders could get together and fix their Trump problem by being honest with their voters about Trump’s behavior, “but refuse to.” Washington Post columnist E. J. Dionne adds: “There is a vicious cycle here. Republican leaders who know how dangerous Trump is fear speaking up because Trump is strong with their electorate. They stay silent. Trump gets stronger. They become even more fearful. Rinse and repeat.”
Trump’s political action committee, which theoretically is supposed to give money to political allies, has spent $40 million on legal fees for the former president and his aides in the first half of 2023. His allies are creating a new legal defense fund to keep the money coming in as his legal troubles get worse. Trump spokesman Steven Cheung said: “In order to combat these heinous actions by Joe Biden’s cronies and to protect these innocent people from financial ruin and prevent their lives from being completely destroyed, a new legal defense fund will help pay for their legal fees.”
But there are signs that the era that celebrated strongmen is coming to an end as people recognize the danger of such centralization of power. A study by New York Times reporters on Friday noted that Elon Musk has steadily come to dominate satellite internet technology with the Starlink technology made by his SpaceX rocket company, and that he has used that dominance to restrict the activities of Ukraine’s military. Musk began to launch satellites into space in 2019, and currently has in position more than 4,500 of the 42,000 satellites he plans. He controls more than 50% of the globe’s working satellites.
The federal government contracts with SpaceX for its rockets and the technology that reaches into areas other companies don’t yet reach. Ukraine, for example, depends on the 42,000 Starlink terminals across the country. Late last year, Musk restricted the use of Starlink on the battlefields, leaving Ukrainian troops without the ability to communicate in a way that suggests he was conducting his own foreign and military policy that conflicted with that of the United States. But a number of countries worry that no one man should have such power, and U.S. officials noted his proposals for a peace plan that would have given Russia Ukrainian land.
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Today a grand jury in Washington, D.C, indicted former president Donald J. Trump for conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. The charges stemmed from Trump’s attempt to overturn the results of the 2020 election. A grand jury is made up of 23 ordinary citizens who weigh evidence of criminal activity and produce an indictment if 12 or more of them vote in favor.
The grand jury indicted Trump for “conspiracy to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted and certified by the government; “conspiracy to corruptly obstruct and impede the January 6 congressional proceeding at which the collected results of the presidential election are counted and certified”; and “conspiracy against the right to vote and to have one’s vote counted.”
“Each of these conspiracies,” the indictment reads, “targeted a bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election.” “This federal government function…is foundational to the United States’ democratic process, and until 2021, had operated in a peaceful and orderly manner for more than 130 years.”
As Rachel Weiner pointed out in the Washington Post, “conspiracies don’t need to be successful to be criminal, and perpetrators can be held responsible if they join the conspiracy at any stage.”
The indictment referred to six co-conspirators without identifying them by name, but the details included about them suggest that Co-Conspirator 1 is Trump lawyer Rudy Giuliani; Co-Conspirator 2 is lawyer John Eastman, who came up with the plan for then–vice president Mike Pence to use his ceremonial role of counting the electoral votes to throw the election to Trump; Co-Conspirator 3 is Trump lawyer Sidney Powell; Co-Conspirator 4 is Jeffrey Clark, a Justice Department lawyer whom Trump tried to push into the role of attorney general so he could lie that there had been election fraud; Co-Conspirator 5 appears to be Kenneth Chesebro, a Trump attorney behind the idea of the false electors.
The identity of Co-Conspirator 6, a political consultant, is unclear.
On The Reid Out tonight, law professor Neal Katyal suggested that the six were not indicted because the Justice Department “doesn’t want the trial of the other six to be bundled up with this and slow this down.” Los Angeles Times senior legal affairs columnist Harry Litman concluded that the absence of Trump’s White House chief of staff, Mark Meadows, from the indictment indicates he’s cooperating with the Department of Justice. Meadows had a ringside seat to the last days of the Trump administration.
The indictment is what’s known as a “speaking indictment,” one that explains the alleged crimes to the public. It undercuts Trump loyalists’ insistence that the Department of Justice is trying to criminalize Trump’s free speech by laying out that Trump did indeed have a right to challenge the election—which he did, and lost. He also had a first-amendment right to lie about the election.
What he did not have was a right to use “unlawful means of discounting legitimate votes and subverting the election results.”
The indictment begins by settling out that Trump “lost the 2020 presidential election” but that “despite having lost, [Trump] was determined to remain in power.” So he lied that he had actually won. “These claims were false, and [Trump] knew they were false.” More than 15 pages of the 45-page indictment establish that Trump knew the allegations he was making about election fraud were lies.
In one memorable December exchange, a senior campaign advisor wrote in an email, “When our research and campaign legal team can’t back up any of the claims made by our Elite Strike Force Legal Team, you can see why we’re 0–32 on our cases. I’ll obviously hustle to help on all fronts, but it’s tough to own any of this when it’s all just conspiracy sh*t beamed down from the mothership.”
The Trump team used lies about the election to justify organizing fraudulent slates of electors in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. Allegedly with the help of Republican National Committee chair Ronna McDaniel, they attempted to have the legitimate electors that accurately reflected the voters’ choice of Biden replaced with fraudulent ones that claimed Trump had won in their states, first by convincing state legislators they had the power to make the switch, and then by convincing Vice President Mike Pence he could choose the Trump electors.
When Pence would not fraudulently alter the election results, Trump whipped up the crowd he had gathered in Washington, D.C., against Pence and then, according to the indictment, “attempted to exploit the violence and chaos at the Capitol” to overturn the election results. “As violence ensued,” the indictment reads, Trump and his co-conspirators “explained the disruption by redoubling efforts to levy false claims of election fraud and convince Members of Congress to further delay the certification based on those claims.” On the evening of January 6, 2021, the indictment alleges, Trump and Co-Conspirator 1 called seven senators and one representative and asked them to delay the certification of Biden’s election.
While they were doing so, White House counsel Pat Cipollone called Trump “to ask him to withdraw any objections and allow the certification. The Defendant refused.” Just before midnight, Co-Conspirator 2 emailed Pence’s lawyer, once again begging the vice president to “violate the law and seek further delay of the certification.”
While Trump loyalists are trying to spin the indictment as the weaponization of the Department of Justice against Trump, legal analyst George Conway noted on CNN tonight: "All the evidence comes from Republicans. If you go through this indictment and you annotate the paragraphs to figure out who are the witnesses the [special counsel] would use to prove particular points, they're all Republicans. Those are the people who were having the discussions, telling [Trump], 'You lost.'”
Trump will be arraigned at 4:00 p.m. Eastern time on August 3. The case of the United States of America v. Donald J. Trump has been randomly assigned to Judge Tanya S. Chutkan, appointed by President Obama in 2014 and confirmed 95–0 in the Senate. Chutkan has presided over dozens of cases concerning the defendants who participated in the events of January 6, 2021, and has been vocal during sentencing about the stakes of that event. In December 2021 she said: “It has to be made clear that trying to stop the peaceful transition of power, assaulting law enforcement, is going to be met with certain punishment.”
“The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy,” Special Counsel Jack Smith said in his statement about the indictment.
“The men and women of law enforcement who defended the U.S. Capitol on January 6 are heroes. They’re patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that define the United States.”
The prosecution of former president Trump for trying to destroy those institutions and principles, including our right to consent to the government under which we live—a right the Founders articulated in the Declaration of Independence—should deter others from trying to do the same. Moreover, it will defend the rights of the victims—those who gave their lives as well as all of us whose votes were attacked—by establishing the truth in place of lies. That realistic view should enable us to recommit to the principles on which we want our nation to rest.
Such a prosecution will reaffirm the institutions of democracy. Donald Trump tried to destroy “the free exercise and enjoyment of a right and privilege secured…by the Constitution and laws of the United States—that is, the right to vote, and to have one’s vote counted.” Such an effort must be addressed, and doing it within the parameters of our legal system should reestablish the very institutions Trump loyalists are trying to undermine.
As former House speaker Nancy Pelosi (D-CA) said this evening: “Like every criminal defendant, the former President is innocent until proven guilty…. The charges…must play out through the legal process, peacefully and without any outside interference…. As this case proceeds through the courts, justice must be done according to the facts and the law.”
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There have been more developments today surrounding yesterday’s indictment of former president Trump for conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding as he tried to overturn the results of the 2020 election and install himself in office over the wishes of the American people.
Observers today called out the part of the indictment that describes how Trump and Co-Conspirator 4, who appears to be Jeffrey Clark, the man Trump wanted to make attorney general, intended to use the military to quell any protests against Trump’s overturning of the election results. When warned that staying in power would lead to “riots in every major city in the United States,” Co-Conspirator 4 replied, “Well…that’s why there’s an Insurrection Act.”
The Insurrection Act of 1807 permits the president to use the military to enforce domestic laws, invoking martial law. Trump’s allies urged him to do just that to stay in power. Fears that Trump might do such a thing were strong enough that on January 3, 2021, all 10 living former defense secretaries signed a Washington Post op-ed warning that “[e]fforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory.”
They put their colleagues on notice: “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.” Josh Marshall at Talking Points Memo recalled today that military leaders told Congress they were reluctant to respond to the violence at the Capitol out of concern about how Trump might use the military under the Insurrection Act.
Political pollster Tom Bonier wrote: “I understand Trump fatigue, but it feels like the president and his advisors preparing to use the military to quash protests against his planned coup should be bigger news. Especially when that same guy is in the midst of a somewhat credible comeback effort.”
On The Beat tonight, Ari Melber connected Trump Co-Conspirator John Eastman to Senator Ted Cruz (R-TX). Just before midnight on January 6, 2021, after the attack on the U.S. Capitol, Eastman wrote to Pence’s lawyer to beg him to get Pence to adjourn Congress “for 10 days to allow the legislatures to finish their investigations, as well as to allow a full forensic audit of the massive amount of illegal activity that has occurred here.” On the floor of the Senate at about the same time, Cruz, who voted against certification, used very similar language when he called for “a ten-day emergency audit.”
An email sent by Co-Conspirator 6, the political consultant, matches one sent from Boris Epshteyn to Trump lawyer Rudy Giuliani, suggesting that Epshteyn is Co-Conspirator 6. The Russian-born Epshteyn has been with Trump’s political organization since 2016 and was involved in organizing the slates of false electors in 2020. Along with political consultant Steve Bannon, Epshteyn created a cryptocurrency called “$FJB, which officially stands for “Freedom. Jobs. Business.” but which they marketed to Trump loyalists as “F*ck Joe Biden.” By February 2023, Nikki McCann Ramirez reported in Rolling Stone that the currency had lost 95% of its value.
Since the indictment became public, Trump loyalists have insisted that the Department of Justice is attacking Trump’s First Amendment rights to free speech. Indeed, if Giuliani’s unhinged appearance on Newsmax last night is any indication, it appears that has been their strategy all along. Aside from the obvious limit that the First Amendment does not cover criminal behavior, the grand jury sidestepped this issue by acknowledging that Trump had a right to lie about his election loss. It indicted him for unlawfully trying to obstruct an official proceeding and to disenfranchise voters.
Today, Trump’s former attorney general William Barr dismissed the idea that the indictment is an attack on Trump’s First Amendment rights. Barr told CNN’s Kaitlan Collins: “As the indictment says, they're not attacking his First Amendment right. He can say whatever he wants. He can even lie. He can even tell people that the election was stolen when he knew better. But that does not protect you from entering into a conspiracy. All conspiracies involve speech. And all fraud involves speech. Free speech doesn't give you the right to engage in a fraudulent conspiracy.”
Rudy Giuliani has his own troubles in the news today, unrelated to the attempt to overturn the results of the 2020 election. His former assistant Noelle Dunphy is suing him for sexual harassment and abuse, and new transcripts filed in the New York Supreme Court of Giuliani’s own words reveal disturbing fantasies of sexual domination that are unlikely to help his reputation. (Historian Kevin Kruse retweeted part of the transcript with the words, “Goodbye, lunch.”)
The chaos in the country’s political leaders comes with a financial cost. According to Fitch Ratings Inc., a credit-rating agency, the national instability caused by “a steady deterioration in standards of governance over the last 20 years” has damaged confidence in the country’s fiscal management. Yesterday it downgraded the United States of America’s long-term credit rating for the second time in U.S. history.
Fitch cited “repeated debt-limit political standoffs and last-minute resolutions,” “a complex budgeting process,” and “several economic shocks as well as tax cuts and new spending initiatives” for its downgrade. The New York Times warned that the downgrade is “another sign that Wall Street is worried about political chaos, including brinkmanship over the debt limit that is becoming entrenched in Washington.”
The timing of the downgrade made little sense economically, as U.S. economic growth is strong enough that the Bank of America today walked back earlier warnings of a recession. Treasury Secretary Janet Yellen noted that the key factors on which Fitch based its downgrade had started in 2018 and called the downgrade “arbitrary.” The editorial board of the Washington Post called the timing “bizarre.” But the timing makes more sense in the context of the fact that House Republicans could not pass 11 of 12 necessary appropriations bills before leaving for their August recess.
The White House said it “strongly disagree[d]” with the decision to downgrade the U.S. credit rating, noting that the ratings model Fitch used declined under Trump before rebounding under Biden, and saying “it defies reality to downgrade the United States at a moment when President Biden has delivered the strongest recovery of any major economy in the world.” But it did agree that “extremism by Republican officials—from cheerleading default, to undermining governance and democracy, to seeking to extend deficit-busting tax giveaways for the wealthy and corporations—is a continued threat to our economy.”
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In a special election today, voters reelected Tennessee state representatives Justin Pearson and Justin Jones, whom the Republican supermajority in the state house voted on April 6 to expel for their participation in a demonstration in favor of gun safety. “Well, Mr. Speaker, the People have spoken,” Jones tweeted. The Tennessee legislature will convene on August 21 for a special session.
Former House speaker Nancy Pelosi (D-CA) tweeted: “Congratulations [Brother Jones] on your decisive victory and return to the Tennessee legislature! So pleased that the voters have sent you back where you belong—pursuing justice and opportunity For The People.”
At the E. Barrett Prettyman Courthouse in Washington, D.C., this afternoon, in the same courtroom where a number of defendants charged with crimes associated with the January 6, 2021, attack on the U.S. Capitol have been tried, the 45th president of the United States, Donald J. Trump, was arraigned. He is charged with conspiring to defraud the United States and conspiring and attempting to obstruct an official proceeding.
He is also charged with conspiring to take away “the free exercise and enjoyment of a right and privilege secured…by the Constitution and laws of the United States…the right to vote, and to have one’s vote counted,” as he tried to overturn the results of the 2020 election and install himself in office over the wishes of the American people.
After Magistrate Judge Moxila Upadhyaya read the counts against him, Trump entered a plea of not guilty on all four charges. The judge warned him that one of the conditions of his release was that he must not commit new crimes. Then she added to that standard warning an unusual one, warning him that any attempts to influence a juror would be a crime.
The lead prosecutor for the United States, Thomas Windom, asked the judge for a speedy trial; Trump’s attorneys refused to agree, saying it would take a long time to review the huge amount of evidence. U.S. District Judge Tanya Chutkan will hash out this difference when she presides over the case. The first hearing is scheduled for August 28.
And so, according to the U.S. attorney’s office for Washington, D.C., Trump became the 1,078th person charged with federal crimes in connection with the events of January 6, 2021.
Trump and his loyalists insist that the case against Trump attacks his right to free speech, although the grand jury’s indictment agrees that Trump had the right to lie about the election and charges him instead with illegal attempts to overturn its results.
Yale history professor Timothy Snyder noted: “That Trump will be tried for his coup attempt is not a violation of his rights. It is a fulfillment of his rights. It is the grace of the American republic. In other systems, when your coup attempt fails, what follows is not a trial.” While Trump has tried to whip up his supporters to fight for him, only a few turned out today to protest the proceedings, likely in part because the prosecutions of January 6 rioters have shown there are serious consequences for such actions.
Forty Democratic representatives today asked the Judicial Conference to authorize cameras in the courtroom during Trump’s trial. “It is imperative the Conference ensures timely access to accurate and reliable information surrounding these cases and all of their proceedings, given the extraordinary national importance to our democratic institutions and the need for transparency,” they wrote. “If the public is to fully accept the outcome, it will be vitally important for it to witness, as directly as possible, how the trials are conducted, the strength of the evidence adduced and the credibility of witnesses.”
Also today, while all eyes were on the former president’s arraignment, House Republicans on the Oversight Committee released the transcript of their July 31 interview with Devon Archer, former business associate of Hunter Biden, President Joe Biden’s 53-year-old son. Democrats on the committee had protested the Republicans’ spin on the closed-door interview and had been clamoring for the release of the transcript.
Archer was supposed to be a key witness for the Republicans’ allegations, but in fact the transcript supported the Democrats: Archer testified that he had never seen Hunter Biden involve his father in business discussions and that he had no evidence that then–vice president Biden changed U.S. policy to help Hunter. He said he knew nothing about the $5 million bribe to each Biden Republicans have been alleging.
He testified that he had no knowledge of wrongdoing by Biden senior, who was not involved with the Ukrainian company Burisma on whose board Hunter sat, and that he believed it was important to Hunter Biden to follow the law.
What emerged from the interview was a very different picture than Trump Republicans have been alleging in the media: Biden was calling his son every day around the time of his other son Beau’s death, just to check in, and the younger Biden sometimes put the call on speakerphone. Archer said: “Hunter spoke to his dad every day…[a]nd so in certain circumstances…if his dad calls him at dinner and he picks up the phone, then there’s a conversation. And…you know, the conversation is generally about the weather and, you know, what it’s like in Norway or Paris or wherever he may be.”
The transcript also revealed complaints by Democrats on the committee that the Republicans have kept information and documents about their investigation into Hunter Biden from Democratic committee members, forcing the Democrats to get their information “mainly from press statements…and leaks to press outlets.” The Republicans claim to have “a hard drive in their possession that they have refused to date to provide to committee Democrats.” They also limited the ability of Democrats to ask questions of Archer. “This obviously raises strong concerns that committee Republicans are once again attempting to cherry-pick facts, which has been an ongoing issue in this probe.”
Representative Jamie Raskin (D-MD) said: “The transcript released today shows the extent to which Congressional Republicans are willing to distort, twist, and manipulate the facts presented by their own witness just to keep fueling the far-right media’s obsession with fabricating wrongdoing by President Biden in a desperate effort to distract from Donald Trump’s third indictment and the overwhelming evidence of his persistent efforts to undermine American democracy.”
In contrast, on Newsmax tonight, Trump lawyer John Lauro appeared to confirm his client’s guilt when he tried to defend Trump’s attempt to overturn the results of the 2020 election by saying that “at the end, he asked Mr. Pence to pause the voting for 10 days, allow the state legislatures to weigh in and then they could make a determination to audit or reaudit or recertify. But what he didn't do is, you know, send in the tanks….” Legal analyst and former U.S. attorney Joyce White Vance tweeted: “Sounds like a coup to me.”
Meanwhile, this afternoon the Fulton County Sheriff’s Office announced a series of road closures beginning on August 7 in downtown Atlanta near the Superior Court of Fulton County and the Fulton County Government Center. At the end of July, the sheriff’s office put up security barricades around the courthouse.
The extra security measures might indicate that Fulton County district attorney Fani Willis is about to announce the results of the grand jury’s investigation into Trump’s attempt to overturn the results of the 2020 presidential election in Georgia: "I took an oath, and…the oath requires that I follow the law,” Willis said today. “And…if someone broke the law in Fulton County, Georgia,...I have a duty to prosecute, and that's exactly what I plan to do."
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Army Chief of Staff General James McConville, the 40th person to hold that position, retired today. Because Senator Tommy Tuberville (R-AL) has put a hold on military promotions for the past 8 months, there is no Senate-confirmed leader to take McConville’s place. There are eight seats on the Joint Chiefs of Staff, the group of the most senior military officers who advise the president, homeland security officials, the secretary of defense, and the National Security Council. Currently, two of those seats are filled by acting officials who have not been confirmed by the Senate.
Politico’s defense reporter Paul McLeary wrote that as of today, there are 301 senior military positions filled by temporary replacements as Tuberville refuses to permit nominations to go through the Senate by the usual process. Two more members of the Joint Chiefs of Staff will retire before the end of September.
Politico’s Pentagon reporter Lara Seligman illustrated what this personnel crisis means for national security: “U.S. forces are on high alert in the Persian Gulf,” she wrote today. “As Tehran attempts to seize merchant ships in the Strait of Hormuz, the U.S. is sending warships, fighter jets and even considering stationing armed troops aboard civilian vessels to protect mariners. Yet two of the top senior officers overseeing the escalating situation aren’t where they’re supposed to be.”
Two days ago, Defense Secretary Lloyd Austin wrote in a memo that the “unprecedented, across-the-board hold is having a cascading effect, increasingly hindering the normal operations of this Department and undermining both our military readiness and our national security.” Today he reiterated: “The failure to confirm our superbly qualified senior uniformed leaders undermines our military readiness.” He added, “It undermines our retention of some of our very best officers. And it is upending the lives of far too many of their spouses, children and loved ones.”
Tuberville, who did not serve in the military, likes to say "there is no one more military than me.” And yet, thanks to him and the Republican conference that is permitting him to hold the nominations, we are down two chiefs of staff tonight.
Meanwhile, on July 26, when soldiers took charge in Niger, a country central to the fight against Islamic terrorists and the security of democracy on the African continent, the U.S. had no ambassador there. Senator Rand Paul (R-KY) was blocking the confirmation of more than 60 State Department officials the same way that Tuberville was blocking the confirmation of military officials.
Paul claimed he was blocking State Department confirmations because he wanted access to information about the origins of COVID, but Secretary of State Antony Blinken said the department had “been working extensively” with Paul, providing the documents and other information he had requested. “But unfortunately, he continues to block all our nominees.” Paul complained that he had been only given private access, and wanted to “take those documents out.”
As of July 17, the current Senate had confirmed only five State Department nominees. On that day, Blinken wrote to each senator to express “serious concern” about the delays. He told reporters that he respects and values the Senate’s “critical oversight role…[b]ut that’s not what is happening here. No one has questioned the qualifications of these career diplomats. They are being blocked for leverage on other unrelated issues. It’s irresponsible. And it’s doing harm to our national security.”
Ambassadors “advance the interests of our country,” he said, and not having confirmed ambassadors “makes us less effective at advancing every one of our policy priorities—from getting more countries to serve as temporary hubs for [immigrant visa] processing, to bringing on more partners for global coalitions like the one we just announced to combat fentanyl, to support competitive bids for U.S. companies to build…critical infrastructure projects around the world.”
Our adversaries benefit from these absences, not only because they offer an opening to exploit, but also because “[t]he refusal of the Senate to approve these career public servants also undermines the credibility of our democracy. People abroad see it as a sign of dysfunction, ineffectiveness—inability to put national interests over political ones.”
Blinken noted that “[i]n previous administrations, the overwhelming majority of career nominees received swift support to advance through the Senate by unanimous consent. Today, for reasons that have nothing to do with the nominees’ qualifications or abilities, they are being forced to proceed through individual floor votes.” More than a third of the nominees had been waiting for more than a year for their confirmation.
Late on July 27, the day after the conflict began in Niger and the day before the senators left for their summer recess, Paul lifted his hold, tweeting that the State Department and the United States Agency for International Development (USAID), an independent agency that administers foreign aid, had agreed to release the documents he wanted. The Senate then confirmed career diplomat Kathleen A. FitzGibbon as ambassador to Niger, as well as ambassadors to other countries including Rwanda, the United Arab Emirates, Georgia, Guyana, Ethiopia, Jordan, Uganda, and Italy.
But FitzGibbon did not arrive in Niger before the U.S. government on Wednesday ordered “non-emergency U.S. government personnel” and their families to leave the country out of concerns for their safety.
The attack on our nation by individual Republicans seems to be a theme these days. After yesterday’s arraignment on charges that he conspired to defraud the United States, conspired and attempted to obstruct an official proceeding, and conspired to overturn Americans’ constitutionally protected right to vote, Donald Trump today flouted the judge’s warning not to try to influence jurors. He posted on social media: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
Prosecutors from the office of Special Counsel Jack Smith tonight alerted the court to Trump’s threat when they asked the court for a protective order to stop him from publishing information about the materials they are about to deliver to his lawyers. They expressed concern that publishing personal information “could have a harmful chilling effect on witnesses” or taint the jury pool by telling potential jurors too much before the trial.
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While there is news today, it is also the anniversary of the 1864 Battle of Mobile Bay, which is one of my favorite stories. I’m guessing we could all use a break from the drumbeat of today’s events to remember yesterday’s.
The story of the Battle of Mobile Bay started long before August 5, 1864. By the spring of 1864, victory in the Civil War depended on which side could endure longest. Confederates were starving as they mourned their many dead; Union supporters were tired of losing sons to battles that seemed to accomplish nothing.
President Abraham Lincoln knew he must land a crushing blow on the South or lose the upcoming presidential election. If he lost, the best Americans could hope for was a negotiated peace that tore the nation in two. In March 1864, Lincoln appointed Ulysses S. Grant commander-in-chief of all the Union armies, hoping that this stubborn westerner could win the war.
Grant set out to press the Confederacy on all fronts. In the past, the Union armies had acted independently, permitting Confederates to move troops to the places they were most needed. Grant immediately coordinated all the Union armies to move against the South at once.
In the East, the Army of the Potomac would hit Robert E. Lee’s Army of Northern Virginia. In Georgia, William T. Sherman’s western troops would smash their way from Tennessee to Atlanta. Finally, Grant wanted the U.S. Navy to move against Mobile, Alabama, a port on the Gulf Coast so well protected by shifting sands that it had become the major harbor for the blockade runners that still linked the Confederacy to Europe. Grant hoped this strategy would lock the South in a vise.
By midsummer, the plan had faltered. The Army of the Potomac had stalled in Virginia after an appalling 17,000 casualties at the Battle of the Wilderness, 18,000 at Spotsylvania, and another 12,000 at Cold Harbor, where soldiers pinned their names and addresses to the backs of their uniforms before the battle so their bodies could be identified. Sherman was stopped outside Atlanta. And the Navy had run aground up the Red River in Louisiana as it made a feint in that direction before the move against Mobile Bay. Union morale was so low that even President Lincoln thought he would lose the election and the war would end in an armistice.
By late summer, the pressure was on Admiral David G. Farragut to deliver a victory in Mobile Bay. After weeks of waiting for reinforcements, on the morning of August 5, Farragut ordered the captains of the fourteen wooden ships and four ironclads under his command to “strip your vessels and prepare for the conflict.”
At 5:40 a.m., with the wooden ships lashed together in pairs and the ironclads protecting them, the vessels set out in a line to pass the three forts and four warships that guarded the harbor above water, and the minefield that guarded all but a 500-yard channel below. The admiral’s flagship, the Hartford, was in the second pair in line, behind the Brooklyn and its partner.
As the ships proceeded under heavy fire, going slowly to stay behind the lumbering ironclads, the foremost ironclad hit a torpedo, turned over, and sank instantly, taking all hands with it. Aware he was on the edge of the minefield, the commander of the Brooklyn hung back, throwing the whole line into confusion under the pummeling of the land batteries. Farragut ordered the captain of the Hartford to take over the lead. As the Hartford passed the stalled Brooklyn, the Brooklyn’s captain warned that they were “running into a nest of torpedoes.”
“Damn the torpedoes!” Farragut allegedly shot back. “Full speed ahead!”
By 10:00 a.m., the U.S. Navy had taken Mobile Bay, cutting off all Confederate contact with Europe. It was the victory the Union needed, and others followed in its wake: Atlanta fell on September 2, and the Army of the Potomac began to gain ground in Virginia.
Finally able to believe that victory was near, voters rallied behind Lincoln’s determination to win the war and backed his administration in November. They gave him 55% of the popular vote and gave the Republicans supermajorities in both the House and the Senate.
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On August 6, 1880, Republican presidential candidate James A. Garfield gave one of his most famous speeches. Then a congressional representative from Ohio, Garfield was in New York City to make peace with Roscoe Conkling, a Republican kingmaker who hated him and his insistence on clean government.
In the evening, Garfield spoke to a crowd of well-wishers, made up in large part of men who had fought in the Civil War, as Garfield had. The one-time college professor spoke directly to the “Boys in Blue,” telling them “how great a thing it is to live in this Union and be a part of it.” He told them that they, the soldiers of the Civil War, represented the same ideas of union embraced by the men who framed the Constitution.
“Gentlemen,” said Garfield to great applause, “ideas outlive men; ideas outlive all earthly things. You who fought in the war for the Union fought for immortal ideas, and by their might you crowned the war with victory. But victory was worth nothing except for the truths that were under it, in it, and above it. We meet to-night as comrades to stand guard around the sacred truths for which we fought. And while we have life to meet and grasp the hand of a comrade, we will stand by the great truths of the war.”
In 1880, four years after unreconstructed southern Democrats had taken control of all the former Confederate states and cemented the process of taking the vote away from Black men, Garfield promised that “we will remember our allies who fought with us.” He explained: “Soon after the great struggle began, we looked behind the army of white rebels, and saw 4,000,000 of black people condemned to toil as slaves for our enemies; and we found that the hearts of these 4,000,000 were God-inspired with the spirit of liberty, and that they were all our friends.”
As the crowd applauded, he continued: “We have seen white men betray the flag and fight to kill the Union; but in all that long, dreary war we never saw a traitor in a black skin.” To great cheers, he went on: “Our comrades escaping from the starvation of prison, fleeing to our lines by the light of the North star, never feared to enter the black man's cabin and ask for bread.” “That’s so!” yelled a man in the crowd. “In all that period of suffering and danger, no Union soldier was ever betrayed by a black man or woman.”
“[S]o long as we live we will stand by these black allies,” Garfield said. “We will stand by them until the sun of liberty, fixed in the firmament of our Constitution, shall shine with equal ray upon every man, black or white, throughout the Union. Fellow-citizens, fellow-soldiers, in this there is the beneficence of eternal justice, and by it we will stand forever….” To wild cheers, Garfield concluded: “[T]he Republic rises on the glorious achievements of its dead and living heroes to a higher and nobler national life. We must stand guard over our past as soldiers, and over our country as the common heritage of all.”
In an era in which the smart money said the Democrats, with their promise to overturn the Reconstruction laws that established a legal framework for racial equality, would win the 1880 election, Garfield squeaked into the White House.
But he did not live long enough to put his vision into law. After his death, the Republican Party slid away from the protection of equal rights, focusing instead on protecting big business, its leaders looking the other way as state laws increasingly kept Black Americans and immigrants from voting so long as that same focus on state power prevented national regulation of business.
But those who believed in civil rights never gave up. In 1909 the National Association for the Advancement of Colored People (NAACP) organized “to promote equality of rights and eradicate caste or race prejudice among citizens of the United States,” and worked to secure “complete equality before the law,” including voting rights.
NAACP members publicized racial atrocities and insisted that authorities enforce the laws already on the books. By the 1960s, those protecting Black rights ramped up their efforts to register voters and to organize communities to support political change. When voter registration workers disappeared during the “Freedom Summer” of 1964, popular anger at their disappearance gave Democratic president Lyndon Baines Johnson leverage to pressure Congress to act. It passed the Civil Rights Act of 1964, in part to make it easier to vote.
After voters put Johnson back into the White House in November 1964, voting rights activists stepped up their efforts. In Selma, Alabama, where the voting rolls were 99% white even though Black Americans outnumbered white Americans, law enforcement officers harassed activists. After officers beat and shot an unarmed man marching for voting rights in a town near Selma, Black leaders planned a march from Selma to the state capitol at Montgomery to draw attention to voter suppression.
Law enforcement officers met the protesters on March 7, 1965, with billy clubs, bullwhips, and tear gas. On March 15, Johnson addressed a national televised joint session of Congress to ask it to pass a national voting rights act. “Our fathers believed that if [their] noble view of the rights of man was to flourish, it must be rooted in democracy,” he said. “The most basic right of all was the right to choose your own leaders. The history of this country, in large measure, is the history of the expansion of that right to all of our people.”
He submitted to Congress voting rights legislation, and Congress delivered.
On August 6, 1965, Johnson signed the Voting Rights Act to guarantee Black Americans the right to vote.
“Today is a triumph for freedom as huge as any victory that has ever been won on any battlefield,” Johnson told the American people in a televised joint session of Congress. The Civil War had promised equality to all Americans, but that promise had not been fulfilled. “Today is a towering and certain mark that, in this generation, that promise will be kept.”
“I pledge you that we will not delay, or we will not hesitate, or we will not turn aside until Americans of every race and color and origin in this country have the same right as all others to share in the process of democracy,” Johnson said.
That resolve did not hold. In the 2013 Shelby County v. Holder decision, the Supreme Court significantly weakened the Voting Rights Act. Republican-dominated states immediately found ways to keep minority voters from the polls and their votes from being counted, and in 2020, then-president Trump tried to throw out the votes of people in majority Black districts in order to overturn the results of that year’s presidential election. On July 10, 2023, House Republicans introduced a sweeping “election integrity” bill that would loosen campaign finance regulations and make it harder to vote.
Eight days later, on July 18, Democrats in the House and Senate reintroduced the Freedom to Vote Act, which would make it easier for all Americans to vote, end partisan gerrymandering, require transparency in campaign donations to try to limit dark money in elections, and protect state and local election officials. “The story of American democracy is one of a relentless march towards further equality,” said Senate majority leader Chuck Schumer (D-NY). “The Freedom To Vote Act would rectify one of the great historic harms of our past and put us closer to our goal of a fully representative democracy.”
And then, on August 1—last Tuesday—the Department of Justice charged Trump under laws Congress passed during Reconstruction to protect the Black Americans’ political rights. Trump is charged with conspiring to obstruct an official proceeding—violating a law passed to stop Ku Klux Klan terrorists from breaking up official meetings in the late 1860s—and obstructing that proceeding: the counting of electoral votes.
Trump is also charged with conspiring “to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States—that is, the right to vote, and to have one's vote counted.”
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Things feel unsettled these days, partly because of chop in the prosecutorial waters surrounding the actions of former president Trump, partly because of changes in the U.S. economy, partly because of turmoil brought by climate change, and partly because of what appears to be the instability of a global realignment. This realignment has been forced by Russia’s 2022 invasion of Ukraine and the global effort to stand against that aggression.
Over the weekend, on August 5 and 6, representatives of 40 countries met in Jeddah, Saudi Arabia, to explore the contours of peace between Ukraine and Russia. Russia was not invited to the meeting, but all the other members of BRICS (the economic organization made up of Brazil, Russia, India, China, and South Africa) attended, illustrating Russia’s increasing isolation.
In February 2022, just before Russia invaded Ukraine, China and Russia pledged a “friendship without limits.” But that friendship appears to have frayed as what Russia seemed to think would be a quick land grab has stretched on for almost a year and half, straining Russia’s resources and isolating it from the global community. China sent its special envoy for Eurasian affairs and former ambassador to Russia, Li Hui, to the talks in Saudi Arabia.
Reporting on the weekend’s meeting, the Institute for the Study of War (ISW) reported that China’s “increasing misalignment with Russia on any settlement to end the war in Ukraine was…evident at the talks.” It noted the observation of the Financial Times that Chinese representatives were “keen to show that [China] is not Russia,” and that Russia appears to be more and more isolated from other nations. The ISW assesses that “China is not fully aligned with Russia on the issue of Ukraine and that Russia and China’s relationship is not a ‘no limits partnership’ as the Kremlin desires.”
Laurie Chen and Martin Quin Pollard of Reuters reported yesterday that China’s willingness to attend the talks in Saudi Arabia after declining to join earlier talks in Denmark likely indicates a recognition that it should participate in credible peace initiatives. Shen Dingli, an international relations scholar based in Shanghai, said that Russia is “bound to be defeated,” so China must try to cooperate with other nations without speeding Russia’s collapse.
Bloomberg noted that increasing tensions between China and Russia do not indicate a rift between the two countries so much as a way to create some space between the two. In a phone call today with Russian foreign minister Sergei Lavrov, Chinese foreign minister Wang Yi reaffirmed that the nations are “good partners.”
Ukraine’s request for the meeting in Saudi Arabia seemed designed to isolate Russia further, as Ukraine president Volodymyr Zelensky made the case that the terms on which he is demanding any peace be based on universal principles behind which other nations can unite.
Russia has continued its attack on Ukrainian grain supplies, damaging another 40,000 tons of grain destined for Africa, China, and Israel on August 2. Meanwhile, the Ukrainian counteroffensive continues, although it is advancing more slowly than Ukrainian officials had hoped.
China has its own issues with the global community. Ellen Nakashima of the Washington Post reported today that since 2020, Chinese operatives have penetrated Japan’s defense networks in one of the most damaging hacks of Japan’s modern history. And Italy, which in 2019 was the only major western economy supporting China’s Belt and Road Initiative to tie together world markets and boost trade between China and Asia, Europe, the Middle East, and North Africa, is now planning to pull back from the project.
On Sunday, Italian defense minister Guido Crosetto told a newspaper that signing the deal was “an improvised and atrocious act…. We exported a load of oranges to China; they tripled exports to Italy in three years.” An expert on Italian relations with China says Italy wants to demonstrate a close alignment with “the U.S., Western camp” while keeping a stable relationship with China.
World affairs have shifted since Russia’s invasion of Ukraine.
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As he designated the new Baaj Nwaavjo I’tah Kukveni–Ancestral Footprints of the Grand Canyon National Monument today, President Biden explained that protecting the approximately 1,552 square miles—4,046 square kilometers, or almost a million acres—of land to the north and south of the Grand Canyon “is good not only for Arizona, but for the planet. It’s good for the economy. It’s good for the soul of the nation. And I believe…in my core it’s the right thing to do.”
His administration has been pursuing the promise he made when he first took office to protect 30% of all the nation’s lands and waters by 2030. He noted that the administration has protected 9 million acres in Alaska, 225,000 acres in Minnesota, 50,000 acres in Colorado, 500,000 acres in Nevada, and 6,600 acres in Texas. It has restored protections for three national monuments the previous administration had gutted: Grand Staircase–Escalante and Bears Ears in Utah and Northeast Canyons and Seamounts off the New England coast. Interior Secretary Deb Haaland is working on creating a maritime sanctuary by protecting 770,000 square miles in the Pacific Ocean southwest of Hawaii.
The administration is also, he said, honoring his commitment “to prioritize respect for the Tribal sovereignty and self-determination, to honor the solemn promises the United States made to Tribal nations to fulfill federal trust and treaty obligations.” The protected land is home to 3,000 cliff houses, cave paintings, and other Indigenous cultural sites. Biden explained that the land being protected and the land already protected as the Grand Canyon National Monument had been Indigenous homelands.
Tribes had been excluded from those lands and have worked to protect the lands and waters there from the aftershocks of development, for example, cleaning up abandoned mines. The Bipartisan Infrastructure Law included funding to clean up such industrial pollution in the region, including the abandoned oil wells that leak toxic gases into the air and hazardous chemicals into the water. That work is underway.
Biden suggested this designation was also part of the administration’s effort to address climate change, calling out the historic investments in that effort funded by the Inflation Reduction Act, a claim that might well resonate in a state that has seen temperatures of more than 110 degrees Fahrenheit (43 Celsius) in Phoenix for 31 straight days.
According to the White House proclamation on the establishment of the new monument: “The natural and cultural objects of the lands have historic and scientific value that is unique, rich, and well-documented.” By creating the monument, Biden said, “we’re setting aside new spaces for families to hike, bike, hunt, fish, and camp—growing the tourism economy that already accounts for 11 percent of all Arizona jobs.”
But Republican leaders and uranium mining interests opposed the designation of the new monument because it will stop the development of new mines to access the approximately 1.3% of the nation’s known uranium reserves that lie inside the monument. While the two mines already operating in the monument are grandfathered in and other reserves are elsewhere, mining interests in Arizona wanted new development. They claim the uranium in the area, which could be used in nuclear reactors, is vital to U.S. security.
Science reporter Justine Calma of The Verge explained today that past uranium mining left 500 abandoned mines on Navajo Nation land and that pollution from the mines has been linked to life-threatening illnesses among children there.
In a letter to Biden, Haaland, and the heads of the Bureau of Land Management and of the U.S. Forest Service, House Republicans Bruce Westerman of Arkansas, chair of the Committee on Natural Resources, and committee member Paul Gosar of Arizona called the new designation “another strident abuse of the Antiquities Act” and demanded documents justifying the decision to put the area’s uranium out of developers’ reach.
In Ohio’s important election today, voters rejected the attempt of the Republican-dominated legislature to strengthen minority rule in the state by making it harder for a political majority to change the constitution. High turnout resulted in a vote whose unofficial count was about 57% against and about 43% in favor. Even key Republican districts voted against the measure.
For more than a century, Ohio voters have been able to put a constitutional amendment on the ballot so long as they get a certain number of signatures, and the amendment passes if it gets more than 50% of the vote. But the overturning of the 1973 Roe v. Wade decision in June 2022 sparked a strong backlash across the country. In Ohio, abortion rights activists began to collect signatures to get a constitutional amendment on the ballot in November, and it was clear they would succeed (in July they submitted 70% more signatures than they needed).
So in May, Ohio Republican legislators set a special election in August to require more signatures to get a constitutional amendment on the ballot and a threshold of 60% of the vote, rather than a simple majority, for the amendment to pass. That’s a very high bar, although, ironically, two amendments that tried to stop political gerrymandering—the practice that has given Republicans a supermajority in the state legislature—passed with about 75% of voters…and the Republicans ignored them.
Only last December the legislature ended most August elections because the traditionally low turnout made it easy for special interests to win by flooding the state with advertising money to energize a small base.
Although the position of secretary of state is supposed to be nonpartisan because the office oversees the state’s elections, Ohio’s Republican secretary of state, Frank LaRose, said: “This is 100% about keeping a radical pro-abortion amendment out of our constitution.”
But the implications of making it harder for voters to change laws stretched beyond Ohio. As pro-choice ballot initiatives keep winning, Republican-dominated legislatures across the country are trying to make it harder for citizens to use ballot initiatives. Republican attempts to stop voters from challenging their policies, especially in states where gerrymandering has given them far more seats in the legislature than would accurately represent their support, will echo beyond the issue of abortion to any policy voters would like to challenge.
A former chief justice of the Ohio Supreme Court, Republican Maureen O’Connor, told Sam Levine of The Guardian that the proposed measure “absolutely is minority rule…. If you get 59.9% of a vote that says yes, 40.1% can say no. This is the way it’s gonna be. We can thwart the effort of the majority of Ohioans that vote. And that’s not American.”
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New York Times journalists Maggie Haberman, Charlie Savage, and Luke Broadwater yesterday reported that in a memo dated December 6, 2020, Trump lawyer Kenneth Chesebro laid out a plan to overturn the results of the 2020 presidential election that he acknowledged was “a bold, controversial strategy” that he believed the Supreme Court would “likely” reject.
Still, he presented the plan—while apparently trying to distance himself from it by writing “I’m not necessarily advising this course of action”—because he thought it “would guarantee that public attention would be riveted on the evidence of electoral abuses by the Democrats, and would also buy the Trump campaign more time to win litigation that would deprive Biden of electoral votes and/or add to Trump’s column.”
The plan was essentially what the Trump campaign ultimately tried to pursue. It called for Trump-Pence electors in six swing states Biden had won to meet and vote for Trump, and then to make sure that in each of those states there was a lawsuit underway that “might plausibly” call into question Biden’s victory there. Then, Vice President Mike Pence would take the position that he had the power not simply to open the votes but also to count them, and that the 1887 Electoral Count Act that clarified those procedures was unconstitutional.
Key to selling this strategy, Chesebro wrote, was messaging that constructing two slates of electors was “routine,” and he laid out a strategy of taking events and statements out of context to suggest support for that messaging.
This was, of course, a plan to deprive American voters of their right to have their votes counted, as the federal grand jury’s recent indictment of former president Trump charged, but Chesebro concluded: “it seems advisable for the campaign to seriously consider this course of action and, if adopted, to carefully plan related messaging.”
Three days later, Chesebro wrote specific instructions to create those fraudulent electors, and they were off to the races.
Chesebro is identified as Co-Conspirator 5 in the grand jury’s recent indictment of Trump.
It is an astonishing thing to read this memo today.
Forty-nine years ago, on August 9, 1974, President Richard Nixon wrote one line to Secretary of State Henry Kissinger: “I hereby resign the Office of President of the United States.” In late July the House Judiciary Committee had voted to recommend articles of impeachment against the president for obstruction of justice, abuse of power, and contempt of Congress for his attempt to cover up the involvement of his people in the June 1972 burglary of the Democratic National Committee headquarters at the Watergate Hotel in Washington, D.C.
The Watergate break-in was part of the Nixon campaign’s attempt to rig the 1972 election, in this case by bugging the Democrats’ headquarters, and Republicans wanted no part of it. When the White House produced a “smoking gun” tape on August 5, revealing that Nixon had been in on the cover-up since June 23, 1972—and implying that he had been in on the bugging itself—those Republicans who had been defending Nixon abandoned him.
On the night of August 7, 1974, a group of Republican lawmakers led by Arizona senator Barry Goldwater met with Nixon in the Oval Office and told him that the House as a whole would vote to impeach him and the Senate would vote to convict. Nixon decided to step down.
Although Nixon did not admit any guilt, maintaining he was resigning only because the time it would take to vindicate himself would distract from his presidential duties, his replacement, Gerald R. Ford, granted “a full, free, and absolute pardon” to Nixon “for all offenses against the United States which he…has committed or may have committed or taken part in during the period from January 20, 1969, through August 9, 1974.”
Ford said that the trial of a former president 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.”
Only fifteen years later, the expectation that a president would not be prosecuted came into play again when members of President Ronald Reagan’s National Security Council ignored Congress’s 1985 prohibition on aid to the Nicaraguan Contras who were fighting against the socialist Nicaraguan government. The administration illegally sold arms to Iran and funneled the profits to the Contras.
When the story of the Iran-Contra affair broke in November 1986, government officials continued to break the law, shredding documents that Congress had subpoenaed. After fourteen administration officials were indicted and eleven convicted, the next president, George H. W. Bush, who had been Reagan’s vice president, pardoned them on the advice of his attorney general William Barr. (Yes, that William Barr.)
The independent prosecutor in the case, Lawrence Walsh, worried that the pardons weakened American democracy. They “undermine…the principle…that no man is above the law,” he said. Pardoning high-ranking officials “demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences.”
Walsh’s warning seems to be coming to life. The Republican Party now stands behind a man whose legal troubles currently include indictment on 40 counts for taking and hiding classified national security documents and on four counts of trying to steal an election in order to stay in power.
[Nixon's resignation letter from the National Archives, public domain.]
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“Good Lord, Who Among Us Hasn’t Paid For A Clarence Thomas Vacation?” David Kurtz of Talking Points Memo asked this morning. Kurtz was reacting to a new piece by Brett Murphy and Alex Mierjeski in ProPublica detailing Justice Thomas’s leisure activities and the benefactors who underwrote them.
Those activities include “[a]t least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast.” The authors add that this “is almost certainly an undercount.”
Thomas did not disclose these gifts, as ethics specialists say he should have done. House Democrats Ted Lieu (D-CA), Pramila Jayapal (D-WA), Bill Pascrell (D-NJ), Gerry Connolly (D-VA), and Hank Johnson (D-GA) have said Thomas must resign. Senator Sheldon Whitehouse (D-RI), who has led the effort to extricate the Supreme Court from very wealthy interests for years, commented: “I said it would get worse; it will keep getting worse.”
Thomas’s benefactors, Murphy and Mierjeski noted, “share the ideology that drives his jurisprudence.” That ideology made Trump lawyer Kenneth Chesebro, who has been in the news for the release of his December 6, 2020, memo outlining how to steal the 2020 presidential election, speculate that Thomas was the Supreme Court justice the plotters could count on to back their coup. “Realistically,” Chesebro wrote to lawyer John Eastman, “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress, is from Thomas—do you agree, Prof. Eastman?”
Last Saturday, Republican leaders in Alabama illustrated that their ideology means they reject democracy. After the Supreme Court agreed that the congressional districting map lawmakers put in place after the 2020 census probably violated the 1965 Voting Rights Act, a lower court ruling that required a new map went into effect. But Alabama Republican lawmakers simply refused.
Alexander Willis of the Alabama Daily News reported that at a meeting of the Alabama state Republican Party on Saturday, the party’s legal counsel David Bowsher applauded the lawmakers, saying, “House Speaker [Kevin] McCarthy doesn’t have that big a margin, that costs him one seat right there. I can’t tell you we’re going to win in this fight; we’ve got a Supreme Court that surprised the living daylights out of me when they handed down this decision, but I can guarantee you, if the Legislature hadn’t done that, we lose.”
Paul Reynolds, the national committeeman of the party, went on: “Let me scare you a little bit more; Texas has between five and ten congressmen that are Republicans that could shift the other way,” he continued. “How could we win the House back ever again if we’re talking about losing two in Louisiana, and losing five to ten in Texas? The answer’s simple: It’s never.”
Alabama attorney general Steve Marshall added: “Let’s make it clear, we elect a Legislature to reflect the values of the people that they represent, and I don’t think anybody in this room wanted this Legislature to adopt two districts that were going to guarantee that two Democrats would be elected…. What we believe fully is that we just live in a red state with conservative people, and that’s who the candidates of Alabama want to be able to elect going forward.”
The determination of Republican officials to hold onto power even though they appear to know they are in a minority is part of what drove even Republican voters in Ohio to reject their proposal to require 60% of voters, rather than a simple majority, to approve changes in the state constitution.
Meanwhile, today’s July consumer price index report showed that annual inflation has fallen by about two thirds since last summer, a better-than-expected number suggesting that measures to cool the economy are working without hurting the economy. Real wages have outpaced inflation for the last five months, and unemployment is at a low the U.S. hasn’t seen since 1969.
At the same time, the country is ending one of the last pieces of the social safety net put in place during Covid: the rule that people on Medicaid could remain covered without renewing their coverage each year. That rule ended in April, and states are purging their Medicaid rolls of those who they say no longer qualify. In the last three months, 4 million people have lost their Medicaid coverage, mostly because of paperwork problems. (Texas dropped an eye-popping 52% of beneficiaries due for renewal in May.)
Biden officials have tried to pressure states quietly to fix the errors—including long waits to get phone calls answered and slow processing of applications, as well as paperwork errors—but yesterday released letters it had sent to individual states to warn them they might be violating federal law. Thirty-six states did not meet federal requirements.
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As I try to cover the news tonight, I am struck by how completely the Republican Party, which began in the 1850s as a noble endeavor to keep the United States government intact and to rebuild it to work for ordinary people, has devolved into a group of chaos agents feeding voters a fantasy world.
The big news today was the hearing in Washington, D.C., where Department of Justice prosecutors argued for a protective order to stop former president Trump from intimidating witnesses and tainting the jury pool in the case against him for trying to stop the counting of electoral votes that would decide the 2020 presidential election.
Trump appears to have given up on winning the cases against him on the legal merits and is instead trying to win by whipping up a political base to reelect him, or even to fight for him. He has filled his Truth Social account with unhinged rants attacking the justice system and the president, and on Sunday his lawyer, John Lauro, echoed Trump as he made a tour of the Sunday talk shows, misleadingly suggesting that Trump had been indicted for free speech. In fact, the indictment says up front that even Trump’s lies are protected by the First Amendment, but what isn’t protected is a conspiracy that stops an official proceeding and deprives the rest of us of our right to vote and to have our votes counted.
A grand jury indicted Trump on August 1; when he was arraigned on August 3, the magistrate judge warned him that it is a crime to “influence a juror or try to threaten or bribe a witness or retaliate against anyone" connected to the case. Trump said he understood.
The next day, he posted on Truth Social: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
Justice Department lawyers promptly sought a protective order to limit what information Trump and his lawyers can release. Trump has a longstanding pattern of releasing misleading information to bolster his position among his base, and lawyers are concerned that he will continue to intimidate witnesses and try to taint the jury pool in hopes of getting the trial venue moved.
Days later, Trump told an audience in New Hampshire that he would not stop talking about the case, and called Special Counsel Jack Smith a “thug” and “deranged.” He has continued to post such messages on social media.
U.S. District Judge Tanya Chutkan reinforced that Trump’s focus on politics had no relevance in her court of law. Justice reporter for NBC News Ryan Reilly noted: “The word of the Trump hearing today: yield. Came up six times, as in: ‘the fact that he's running a political campaign currently has to yield to the orderly administration of justice.’”
Chutkan agreed to the protective order but agreed with Trump’s team that it would not include any material already in the public domain. She also prohibited Trump from reviewing materials with “any device capable of photocopying, recording, or otherwise replicating the Sensitive Materials, including a smart cellular device.”
Finally, she warned Trump’s lawyers: “I caution you and your client to take special care in your public statements in this case…. I will take whatever measures are necessary to protect the integrity of these proceedings.” If Trump repeats “inflammatory” statements, she said, she will have to speed up his trial to protect witnesses and keep the jury pool untainted.
Just what that might mean was illustrated today when a judge revoked the bail of former FTX cryptocurrency chief executive officer Sam Bankman-Fried for witness tampering and sent him to jail. Prosecutors say Bankman-Fried was leaking the private diary entries of his former girlfriend to the New York Times to discredit her testimony against him.
In Ohio, where voters on Tuesday overwhelmingly rejected the attempt of the Republicans in the legislature to stop a November vote on an amendment to the state constitution protecting abortion rights, Republicans tried to stop the inclusion of that amendment by challenging its form. Today the Ohio Supreme Court unanimously rejected that lawsuit. The proposed amendment will be on the ballot in November.
After demanding that David Weiss, the U.S. attorney in charge of investigating and charging Hunter Biden, be named a special counsel and then charging that Weiss had asked for and been denied that status—both he and Attorney General Merrick Garland denied that allegation—Republicans are now angry that Garland today gave Weiss that status.
Weiss requested that status for the first time earlier this week, and Garland granted it, although both Weiss and Garland had previously said Weiss had all the authority that status carries. Now House Republicans say appointing Weiss a special counsel is an attempt to obstruct Congress from investigating the Bidens. For all that Republicans are in front of the cameras every day insisting President Biden is corrupt, there is no evidence that President Biden has been party to any wrongdoing.
One of the things such behavior accomplishes is to distract from the party’s own troubles, including the inability of House Republicans to agree to measures to fund the government after September. Far-right extremists are still angry at the spending levels to which House speaker Kevin McCarthy (R-CA) agreed in a deal to raise the debt ceiling last June, and are threatening to refuse to agree to any funding measures until they get cuts that the Senate will never accept.
The House left for its August break after passing only one of the twelve bills it needs to pass, and when it gets back, it will have only twelve work days before the September 30 deadline. This chaos takes a toll: when the Fitch rating system downgraded the U.S. long-term rating last week, the first reason it cited was “a steady deterioration in standards of governance.” It explained: “The repeated debt-limit political standoffs and last-minute resolutions have eroded confidence in fiscal management.”
Another thing this chaos does is convince individuals that the entire government is corrupt. On Wednesday, as Biden was to visit Utah, FBI agents shot and killed an armed man there who made threats against him, Vice President Kamala Harris, and other officials who have been associated with Trump’s legal troubles: Attorney General Garland, Manhattan district attorney Alvin Bragg, and New York attorney general Letitia James. Craig Deleeuw Robertson described himself as a “MAGA Trumper.”
It seems we are reaping the fruits of the political system planted in 1968, when the staff of Republican presidential candidate Richard Nixon reworked American politics to package their leader for the election. “Voters are basically lazy,” one of Nixon’s media advisors wrote. “Reason requires a high degree of discipline, of concentration; impression is easier. Reason pushes the viewer back, it assaults him, it demands that he agree or disagree; impression can envelop him, invite him in, without making an intellectual demand…. When we argue with him, we…seek to engage his intellect…. The emotions are more easily roused, closer to the surface, more malleable.”
The confusion also takes up so much oxygen it’s hard for the Democrats, who are actually trying to govern in the usual ways, to get any attention. Today was the one-year anniversary of the PACT Act, officially known as the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022. The law improves access to healthcare and funding for veterans who were exposed to burn pits, the military’s waste disposal method for everything from tires to chemicals and jet fuel from the 1990s into the new century.
According to Senator Dick Durbin (D-IL), the PACT Act has already enabled more than 4 million veterans to be screened for toxic exposure, more than 744,000 PACT Act claims have been filed, and hundreds of thousands of veterans have been approved for expanded benefits.
Biden spoke in Utah about the government’s protections for veterans and why they’re important. In addition to the PACT Act, he talked about his recent executive order moving the authority for addressing claims of sexual assault, domestic violence, child abuse, and murder outside the chain of command to a specialized independent military unit—a move long championed by survivors and members of Congress.
Today the White House released a detailed explanation of “Bidenomics” along with resources explaining why the administration has focused on certain areas for public investment and how the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act have supported that investment. That collection explains why the administration is overturning forty years of political economy to return to the system on which the U.S. relied from 1933 to 1981, and yet it got far less traction than the fight over the protective order designed to keep Trump from attacking witnesses.
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In Marion, Kansas, yesterday morning, four local police officers and three sheriff’s deputies raided the office of the Marion County Record newspaper; the home of its co-owners, Eric Meyer and his 98 year old mother, Joan Meyer; and the home of Marion vice mayor Ruth Herbel, 80. They seized computers, cell phones, and other equipment. Joan Meyer was unable to eat or sleep after the raid; she collapsed Saturday afternoon and died at her home.
The search warrant alleged there was probable cause to believe the newspaper, its owners, or the vice mayor had committed identity theft and unlawful computer acts against restaurant owner Kari Newell, but Magistrate Laura Viar appears to have issued that warrant without any affidavit of wrongdoing on which to base it. Sherman Smith, Sam Bailey, Rachel Mipro, and Tim Carpenter of the nonprofit news service Kansas Reflector reported that federal law protects journalists from search and seizure and requires law enforcement instead to subpoena materials they want.
On August 2, Newell had thrown Meyer and a Marion County Record reporter out of a meeting with U.S. Representative Jake LaTurner (R-KS), and the paper had run a story on the incident. Newell had complained on her personal Facebook page,
On August 7, Newell publicly accused the newspaper of illegally getting information about a drunk-driving charge against her and giving it to Herbel. Eric Meyer says the information—which was accurate—was sent to him and Herbel over social media and that he decided not to publish it out of concerns it was leaked to help Newell’s estranged husband in divorce proceedings. Those same concerns made him take the story to local police. Newell accused the newspaper of violating her rights and called Meyer to accuse him of identity theft.
Meyer told journalist Marisa Kabas of The Handbasket that the paper was also investigating the new police chief for sexual misconduct, and he noted that the identities of people making those allegations are on the computers that got seized. “I may be paranoid that this has anything to do with it,” Meyer told Kabas, “but when people come and seize your computer, you tend to be a little paranoid.”
On Friday, Newell wrote on her Facebook page: “Journalists have become the dirty politicians of today, twisting narrative for bias agendas, full of muddied half-truths…. We rarely get facts that aren’t baited with misleading insinuations.”
Meyer worked at the Milwaukee Journal for 20 years and then taught journalism at the University of Illinois, retiring from there. He doesn’t take a salary from the Marion County Record. He told Kabas, “I’m doing this because I believe that newspapers still have a place in the world and that the worst thing that a newspaper could do was shrink its reporting staff, stop reporting, fill itself with non-news when there’s still news out there. And if you do a good job of providing news, you will get readers…. [W]e’re doing this because we care about the community.”
He said he worries that people are afraid to participate in politics because “there’s gonna be consequences and they’re going to be negative.”
The Marion County Record will sue the city and the individuals involved in the raid, which, the paper wrote in its coverage, “legal experts contacted were unanimous in saying violated multiple state and federal laws, including the U.S. Constitution, and multiple court rulings.” “Our first priority is to be able to publish next week,” Meyer said, “but we also want to make sure no other news organization is ever exposed to the Gestapo tactics we witnessed today. We will be seeking the maximum sanctions possible under law.”
Executive director of the Kansas Press Association Emily Bradbury noted “An attack on a newspaper office through an illegal search is not just an infringement on the rights of journalists but an assault on the very foundation of democracy and the public’s right to know. This cannot be allowed to stand.”
Americans have taken up this cause before. In 1836 the House of Representatives passed a resolution preventing Congress from taking up any petition, memorial, resolution, proposition, or paper relating “in any way, or to any extent whatsoever, to the subject of slavery or the abolition of slavery.” This “gag rule” outraged antislavery northerners. Rather than quieting their objections to enslavement, they increased their discussion of slavery and stood firm on their right to those discussions.
In that same year, newspaperman Elijah P. Lovejoy, who had been publishing antislavery articles in the St. Louis Observer, decided to move from the slave state of Missouri across the Mississippi River to Alton, Illinois. He suggested to his concerned neighbors that his residence in a free state would enable him to write more about religion than about slavery. But, he added in a statement to them, “As long as I am an American citizen, and as long as American blood runs in these veins, I shall hold myself at liberty to speak, to write and to publish whatever I please, being amenable to the laws of my country for the same.”
Lovejoy became a symbol of the freedom of the press.
When “a committee of five citizens” in Alton, appointed by “a public meeting,” asked Lovejoy if he intended to print sentiments to which they objected, he refused to “admit that the liberty of the press and freedom of speech, were rightfully subject to other supervision and control, than [the laws of] the land.” He reminded them that “‘the liberty of our forefathers has given us the liberty of speech,’ and that it is ‘our duty and high privilege, to act and speak on all questions touching this great commonwealth.’” “[E]very thing having a tendency to bring this right into jeopardy, is eminently dangerous as a precedent,” he said.
Popular pressure had proved unable to make Lovejoy stop writing, and on August 21, 1837, a mob drove off the office staff of the Alton Observer by throwing rocks through the windows. Then, as soon as the staff had fled, the mob broke into the newspaper’s office and destroyed the press and all the type.
On August 24, Lovejoy asked his supporters to help him buy another press. They did. But no sooner had it arrived than a gang of ten or twelve “ruffians” broke into the warehouse where it had been stored for the night and threw it into the river.
When yet another press arrived in early November, Lovejoy had it placed in a warehouse on the riverbank. That night, about thirty men attacked the building, demanding the press be handed over to them. The men inside refused and fired into the crowd, wounding some of the attackers. The mob pulled back but then returned with ladders that enabled them to set fire to the building’s roof. When Lovejoy stepped out of the building to see where the attackers were hiding, a man shot him dead. As the rest of the men in the warehouse ran to safety, the mob rushed into the building and threw the press out of the window. It broke to pieces when it hit the shore, and the men threw the pieces into the Mississippi River.
But the story did not end there. Elijah Lovejoy’s younger brother, Owen, saw Elijah shot. "I shall never forsake the cause that has been sprinkled with my brother's blood," he declared. He and another brother wrote the Memoir of Elijah P. Lovejoy, impressing on readers the importance of what they called “liberty of the press” in the discussion of public issues.
Owen then turned to politics, and in 1854 he was elected to the Illinois state legislature to stand against those southerners who had silenced his brother. The following year, voters elected him to Congress. His increasing prominence brought him political friends, including an up-and-coming lawyer who had arrived in Illinois from Kentucky by way of Indiana, Abraham Lincoln.
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It has been a day full of news, not all of which I will have the space to put into this letter. But before I get to the extraordinary news of tonight’s indictment of former president Trump and 18 others on 41 criminal counts, including racketeering, for their attempt to overturn the results of the 2020 presidential election, there are two other landmarks to record today.
First, a major legal victory for those combating climate change:
In 1972, after a century of mining, ranching, and farming had taken a toll on Montana, voters in that state added to their constitution an amendment saying that “[t]he state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations,” and that the state legislature must make rules to prevent the degradation of the environment.
In March 2020 the nonprofit public interest law firm Our Children’s Trust filed a lawsuit on behalf of sixteen young Montana residents, arguing that the state’s support for coal, oil, and gas violated their constitutional rights because it created the pollution fueling climate change, thus depriving them of their right to a healthy environment. They pointed to a Montana law forbidding the state and its agents from taking the impact of greenhouse gas emissions or climate change into consideration in their environmental reviews, as well as the state’s fossil fuel–based state energy policy.
That lawsuit is named Held v. Montana after the oldest plaintiff, Rikki Held, whose family’s 7,000-acre ranch was threatened by a dwindling water supply, and both the state and a number of officers of Montana. The state of Montana contested the lawsuit by denying that the burning of fossil fuels causes climate change—despite the scientific consensus that it does—and denied that Montana has experienced changing weather patterns. Through a spokesperson, the governor said: “We must focus on American innovation and ingenuity, not costly, expansive government mandates, to address our changing climate.”
Today, U.S. District Court Judge Kathy Seeley found for the young Montana residents, agreeing that they have “experienced past and ongoing injuries resulting from the State’s failure to consider [greenhouse gas emissions] and climate change, including injuries to their physical and mental health, homes and property, recreational, spiritual, and aesthetic interests, tribal and cultural traditions, economic security, and happiness.” She found that their “injuries will grow increasingly severe and irreversible without science-based actions to address climate change.”
The plaintiffs sought an acknowledgement of the relationship of fossil fuels to climate change and a declaration that the state’s support for fossil fuel industries is unconstitutional. Such a declaration would create a foundation for other lawsuits in other states.
Second, an unprecedented and dangerous situation in the U.S. military: Thanks to the hold by Senator Tommy Tuberville (R-AL, although the Washington Post’s Glenn Kessler pointed out a few days ago that Tuberville actually lives in Florida) on Senate-confirmed military promotions, the U.S. Navy today became the third branch of the U.S. armed forces, after the Army and the Marine Corps, without a confirmed leader. Tuberville Is holding more than 300 senior military positions empty, including the top posts in the Army, Navy, and Marine Corps. He claims he is doing this in opposition to the military’s abortion policy.
And finally, third: tonight, just before midnight, the state of Georgia indicted former president Donald J. Trump and 18 others for multiple crimes committed in that state as they tried to steal the 2020 presidential election. A special-purpose grand jury made up of citizens in Fulton County, Georgia, examined evidence and heard from 75 witnesses in the case, and issued a report in January that recommended indictments. A regular grand jury took the final report of the special grand jury into consideration and brought an indictment.
“Trump and the other Defendants charged in this Indictment refused to accept that Trump lost” the 2020 presidential election, the indictment reads, ”and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump. That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states.”
The indictment alleges that those involved in the “criminal enterprise” “constituted a criminal organization whose members and associates engaged in various related criminal activities including, but not limited to, false statements and writings, impersonating a public officer, forgery, filing false documents, influencing witnesses, computer theft, computer trespass, computer invasion of privacy, conspiracy to defraud the state, acts involving theft, and perjury.”
That is, while claiming to investigate voter fraud, they allegedly committed election fraud.
And that effort has run them afoul of a number of laws, including the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act, which is broader than federal anti-racketeering laws and carries a mandatory five-year prison term.
Those charged fall into several categories. Trump allies who operated out of the White House include lawyers Rudy Giuliani (who recently conceded in a lawsuit that he lied about Georgia election workers Ruby Freeman and Shaye Moss having stuffed ballot boxes), John Eastman, Kenneth Chesebro, Jeffrey Clark, Jenna Ellis, and Trump’s White House chief of staff Mark Meadows.
Those operating in Georgia to push the scheme to manufacture a false slate of Trump electors to challenge the real Biden electors include lawyer Ray Stallings Smith III, who tried to sell the idea to legislators; Philadelphia political operative Michael Roman; former Georgia Republican chair David James Shafer, who led the fake elector meeting; and Shawn Micah Tresher Still, currently a state senator, who was the secretary of the fake elector meeting.
Those trying to intimidate election worker and witness Ruby Freeman include Stephen Cliffgard Lee, a police chaplain from Illinois; Harrison William Prescott Floyd, executive director of Black Voices for Trump; and Trevian C. Kutti, a publicist for the rapper formerly known as Kanye West.
Those allegedly stealing data from the voting systems in Coffee County, Georgia, and spreading it across the country in an attempt to find weaknesses in the systems that might have opened the way to fraud include Trump lawyer Sidney Powell; former Coffee County Republican Committee chair Cathleen Alston Latham; businessman Scott Graham Hall; and Coffee County election director Misty Hampton, also known as Emily Misty Hayes.
The document also referred to 30 unindicted co-conspirators.
Trump has called the case against him in Georgia partisan and launched a series of attacks on Fulton County District Attorney Fani Willis. Today, Willis told a reporter who asked about Trump’s accusations of partisanship: “I make decisions in this office based on the facts and the law. The law is completely nonpartisan. That's how decisions are made in every case. To date, this office has indicted, since I’ve been sitting as the district attorney, over 12,000 cases. This is the eleventh RICO indictment. We follow the same process. We look at the facts. We look at the law. And we bring charges."
The defendants have until noon on August 25 to surrender themselves to authorities.
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Last night, after a Georgia grand jury’s indictment of 19 people who worked to overturn the results of the 2020 presidential election, indicted co-conspirator and Trump lawyer Rudy Giuliani made a statement saying: “This is an affront to American Democracy and does permanent, irrevocable harm to our justice system. It's just the next chapter in a book of lies with the purpose of framing President Donald Trump and anyone willing to take on the ruling regime. They lied about Russian collusion, they lied about Joe Biden's foreign bribery scheme, and they lied about Hunter Biden's laptop hard drive proving 30 years of criminal activity. The real criminals here are the people who have brought this case forward both directly and indirectly."
This morning, Trump posted on Truth Social a promise that next Monday he will present “A Large, Complex, Detailed but Irrefutable REPORT on the Presidential Election Fraud which took place in Georgia,” saying the report “is almost complete.” He went on: “Based on the results of this CONCLUSIVE Report, all charges should be dropped against me & others—There will be a complete EXONERATION!”
It appears the Trump Republicans have fully embraced what Russian political theorists called “political technology”: the construction of a virtual political reality through modern media. Political theorists developed several techniques in this approach to politics: blackmailing opponents, abusing state power to help favored candidates, sponsoring “double” candidates with names similar to those of opponents in order to confuse voters on the other side and thus open the way for their own candidates, creating false parties to split the opposition, and, finally, creating a false narrative around an election or other event in order to control public debate.
The reality, of course, is that the claims that Giuliani, Trump, and their co-conspirators have made in front of the cameras have never stood up in the courts. They have lost time and time again. Just last month, Giuliani conceded in court that he had lied about election workers Ruby Freeman and Shaye Moss, and Georgia governor Brian Kemp—a Republican—responded today to Trump’s promise of an “Irrefutable REPORT” by saying: “The 2020 election in Georgia was not stolen. For nearly three years now, anyone with evidence of fraud has failed to come forward—under oath—and prove anything in a court of law.”
But Trump, and now his supporters, rose to power on their construction of a virtual political reality—pushing the story that former secretary of state Hillary Clinton had tried to “bleach” an email server until Americans believed it, for example (while Trump’s own recent attempt to delete security-camera footage after it had been subpoenaed by a grand jury has largely flown under the radar)—and Trump and his supporters continued to double down on that false world first to keep him in power and now to return him to it.
Notably, in 2019, they tried to smear Democratic presidential candidate Joe Biden by pressuring newly elected Ukraine president Volodymyr Zelensky to announce an investigation into Biden’s son Hunter: not to conduct an investigation, but only to announce one because they knew that media coverage would convince a number of people that where there was smoke there must be fire.
That investigation continues in 2023, pushed by a new set of Trump supporters, but with what appears to be the same goal. There, too, actual testimony under oath, like that of Hunter Biden’s former business partner Devon Archer, belies all the hyperbolic language with which Republicans are accusing the Bidens of corruption, but in that case, flooding the zone with sh*t, as Trump media specialist Steven Bannon put it, is working.
In cases where it is less successful, they are deliberately tearing down public confidence in our system of justice, arguing that the decision of ordinary Americans on grand juries to indict the former president and his co-conspirators for trying to overturn the results of the 2020 presidential election is a sign that the Justice Department has been "weaponized" against MAGA Republicans.
But reality is reasserting itself, not just in courtrooms, but also in the country at large.
Six years ago today, on August 15, 2017, then-president Donald Trump made remarks at a news conference at Trump Tower. It was there that he made the statement that there “were very fine people on both sides” of the Unite the Right rally in Charlottesville, Virginia, a few days earlier. He and his supporters later denied he had said such a thing or claimed that it had been taken out of context, although the transcript is pretty clear.
But that was not what Trump was there to talk about that day. He was there to talk about infrastructure and a vision of the country’s economic future.
Trump promised that the Republican policy of slashing regulation, which had been central to the party since 1981 and went hand in hand with tax cuts, would mean “[w]e’re going to get infrastructure built quickly, inexpensively, relatively speaking and the permitting process will go very, very quickly…. No longer will we allow the infrastructure of our magnificent country to crumble and decay, while protecting the environment we will build gleaming new roads, bridges, railways, waterways, tunnels and highways,” he said.
Trump pledged: “We will rebuild our country with American workers, American iron, American aluminum, American steel. We will create millions of new jobs and make millions of American dreams come true. Our infrastructure will again be the best in the world…and we will restore the pride in our communities, our nation…. We want products made in the country…. You have to bring this work back to this country…. I want manufacturing to be back into [sic] the United States so that workers can benefit.”
And yet, that, too, was a fantasy. Trump’s policies did not deliver the economic revival he promised.
Instead, six years later, it is President Biden and Vice President Kamala Harris, who have delivered that revival. They reordered the nation’s economic policies away from supply-side economics back toward the economic policies that guided the nation from 1933 to 1981, and now are taking a victory lap for actually rebuilding infrastructure, creating manufacturing jobs, and bringing supply chains home by investing in ordinary Americans.
The Bipartisan Infrastructure Law, which passed in November 2021, is enabling workers to rebuild the country’s roads, bridges, railroads, and other hard infrastructure. The CHIPS and Science Act has brought supply chains home and spurred investment in the production of semiconductors. The Inflation Reduction Act, which Biden signed into law on August 16, 2022, has created a surge of more than 170,000 jobs in manufacturing and clean energy, doubling the numbers of manufacturing jobs in the year since it passed, as private investment has followed the law’s public investment.
Political theorists constructed political technology as a way to create a false world that would convince voters to elevate a strongman to power. It is not clear what happens when that false world is revealed to be illusory, as it increasingly has been with regard to Trump’s statements.
At the very least, it seems unlikely that his announcement of “a major News Conference” to reveal why all the charges against him should be dropped will be met with the attention such an announcement would have attracted even a few years ago.
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Three big stories today. First of all, the Democrats are taking a victory lap on the anniversary of the Inflation Reduction Act (IRA), a law that has transformed the U.S. economy and for which not a single Republican voted.
The IRA was the eventual form President Joe Biden’s initial “Build Back Better” plans took. It offered to lower Americans’ energy costs with a 30% tax credit for energy-efficient windows, heat pumps, or newer models of appliances; capped the cost of drugs at $2,000 per year for people on Medicare; and made healthcare premiums fall for certain Americans by expanding the Affordable Care Act.
By raising taxes on the very wealthy and on corporations and bringing the Internal Revenue Service back up to full strength so that it can crack down on tax cheating, as well as saving the government money by permitting it to negotiate drug prices with pharmaceutical companies, the IRA was expected to raise $738 billion. That, plus about $891 billion from other sources, enabled the law to make the largest investment ever in addressing climate change while still bringing down the federal government’s annual deficit.
“This is a BFD,” former President Barack Obama tweeted a year ago.
“Thanks, Obama,” Biden responded.
The law has driven significant investment in U.S. manufacturing. Indeed, the chief executive officer of U.S. Steel recently said the law should be renamed the “Manufacturing Renaissance Act,” as manufacturers return previously offshored production to the U.S. That same shift has brought supply chains back to the U.S. These changes have meant new, well-paid manufacturing jobs that have been concentrated in Republican-dominated states and in historically disadvantaged communities.
Scientists Alicia Zhao and Haewon McJeon, who recently published an article in Science, today wrote that the IRA “brings the US significantly closer to meeting its 2030 climate target [of cutting greenhouse gas emissions to 50–52% below 2005 levels], taking expected emissions from 25–31% below 2005 levels down to 33–40% below.”
While Republican presidential candidates took shots at the IRA today—former South Carolina governor Nikki Haley called it “a communist manifesto”—Democrats have pointed out that Republicans have been eager to take credit for IRA investments in their districts without mentioning either that they voted against the IRA or that they are still trying to repeal it.
If the Democrats are taking a victory lap for passing this transformative law a year ago, the second big story today showed the effort to steal the 2020 presidential election was fully formed earlier than had been established previously. That story came from MSNBC’s Ari Melber, who revealed a video taken by Danish filmmaker Christoffer Guldbrandsen of Trump ally Roger Stone plotting to overturn the results of the 2020 presidential election on November 5, 2020, two days before the election was called for President Biden.
In the video, Stone dictated to an associate a statement saying that “any legislative body may decide on the basis of overwhelming evidence of fraud to send electors to the Electoral College who accurately reflect the president’s legitimate victory in their state, which was illegally denied him through fraud. We must be prepared to lobby our Republican legislatures…by personal contact and by demonstrating the overwhelming will of the people in their state—in each state—that this may need to happen,” he said.
This video, recorded while the election was not yet decided, recalls the statement of Trump ally Steve Bannon, who told a group of associates on October 31, 2020—before the election—that Trump simply planned to declare he had won, claiming that the expected wave in favor of Biden was fraudulent. “What Trump’s gonna do is just declare victory. Right? He’s gonna declare victory. But that doesn’t mean he’s a winner,” Bannon said. “He’s just gonna say he’s a winner.”
The third big story of today shows how Trump Republicans think about women. It hits hard in the wake of this week’s story in Time magazine of the 13-year-old Mississippi girl who just gave birth after being raped by a stranger in her yard. She was unable to obtain an abortion because of Mississippi’s abortion ban. She is scheduled soon to start seventh grade.
Yesterday, far away from the home of that Mississippi girl, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit handed down a decision about the use of the abortion drug mifepristone in the case of Alliance for Hippocratic Medicine v. Food and Drug Administration (FDA). Last year, as soon as the Supreme Court overturned the 1973 Roe v. Wade decision recognizing the constitutional right to abortion, antiabortion doctors tried to get mifepristone taken off the market by arguing that the FDA should never have approved it when it did so in 2000. The Alliance for Hippocratic Medicine was incorporated just after last June’s Dobbs v. Jackson Women’s Health decision overturned Roe v. Wade.
In April 2023, Trump appointee and longtime abortion opponent Texas judge Matthew Kacsmaryk issued a preliminary ruling invalidating that approval. The federal appeals court yesterday said the drug should be legal, but significantly limited its use by saying it could not be sent through the mail or prescribed without an in-person visit to a doctor, cutting midwives and other healthcare providers out of the process.
Judge James Ho, who was sworn into office by Supreme Court Justice Clarence Thomas in his billionaire benefactor Harlan Crow’s library in 2018 (Texas Republican senator Ted Cruz was also there), wrote his own opinion in the case in order to expand on what he sees as “the historical pedigree of Plaintiffs’ conscience injury, and to explore how Plaintiffs suffer aesthetic injury as well.”
Antiabortion doctors suffer a moral injury when they are forced to help patients who have complications from the use of mifepristone, Ho wrote, because they are forced to participate in an abortion against their principles.
Those doctors also experience an aesthetic injury when patients choose abortion because, as one said, “When my patients have chemical abortions, I lose the opportunity…to care for the woman and child through pregnancy and bring about a successful delivery of new life.” Indeed, Ho wrote, “It’s well established that, if a plaintiff has ‘concrete plans’ to visit an animal’s habitat and view that animal, that plaintiff suffers aesthetic injury when an agency has approved a project that threatens the animal.”
In cases where the government “approved some action—such as developing land or using pesticides—that threatens to destroy…animal or plant life that plaintiffs wish to enjoy,” that injury “is redressable by a court order holding unlawful and setting aside the agency approval. And so too here. The FDA has approved the use of a drug that threatens to destroy the unborn children in whom Plaintiffs [that is, the antiabortion doctors] have an interest.”
“Unborn babies are a source of profound joy for those who view them,” Ho wrote. “Expectant parents eagerly share ultrasound photos with loved ones. Friends and family cheer at the sight of an unborn child. Doctors delight in working with their unborn patients—and experience an aesthetic injury when they are aborted.”
The decision will be on hold until the appeals process is completed.
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A little more than two years ago, on July 9, 2021, President Biden signed an executive order to promote competition in the U.S. economy. Echoing the language of his predecessors, he said, “competition keeps the economy moving and keeps it growing. Fair competition is why capitalism has been the world’s greatest force for prosperity and growth…. But what we’ve seen over the past few decades is less competition and more concentration that holds our economy back.”
In that speech, Biden deliberately positioned himself in our country’s long history of opposing economic consolidation. Calling out both Roosevelt presidents—Republican Theodore Roosevelt, who oversaw part of the Progressive Era, and Democrat Franklin Delano Roosevelt, who oversaw the New Deal—Biden celebrated their attempt to rein in the power of big business, first by focusing on the abuses of those businesses, and then by championing competition.
Biden promised to enforce antitrust laws, interpreting them in the way they had been understood traditionally. Like his progressive predecessors, he believed antitrust laws should prevent large entities from swallowing up markets, consolidating their power so they could raise prices and undercut workers’ rights. Traditionally, those advocating antitrust legislation wanted to protect economic competition, believing that such competition would promote innovation, protect workers, and keep consumer prices down.
In the 1980s, government officials threw out that understanding and replaced it with a new line of thinking advanced by former solicitor general of the United States Robert Bork. He claimed that the traditional understanding of antitrust legislation was economically inefficient because it restricted the ways businesses could operate. Instead, he said, consolidation of industries was fine so long as it promoted economic efficiencies that, at least in the short term, cut costs for consumers. While antitrust legislation remained on the books, the understanding of what it meant changed dramatically.
Reagan and his people advanced Bork’s position, abandoning the idea that capitalism fundamentally depends on competition. Industries consolidated, and by the time Biden took office his people estimated the lack of competition was costing a median U.S. household as much as $5000 a year. Two years ago, Biden called the turn toward Bork’s ideas “the wrong path,” and vowed to restore competition in an increasingly consolidated marketplace. With his executive order in July 2021, he established a White House Competition Council to direct a whole-of-government approach to promoting competition in the economy.
This shift gained momentum in part because of what appeared to be price gouging as the shutdowns of the pandemic eased. The five largest ocean container shipping companies, for example, made $300 billion in profits in 2022, compared to $64 billion the year before, which itself was a higher number than in the past. Those higher prices helped to drive inflation.
The baby formula shortage that began in February 2022 also highlighted the problems of concentration in an industry. Just four companies controlled 90% of the baby formula market in the U.S., and when one of them shut down production at a plant that appeared to be contaminated, supplies fell dramatically across the country. The administration had to start flying millions of bottles of formula in from other countries under Operation Fly Formula, a solution that suggested something was badly out of whack.
The administration’s focus on restoring competition had some immediate effects. It worked to get a bipartisan reform to ocean shipping through Congress, permitting greater oversight of the shipping industry by the Federal Maritime Commission. That law was part of the solution that brought ocean-going shipping prices down 80% from their peak. It worked with the Food and Drug Administration to make hearing aids available over the counter, cutting costs for American families. It also has worked to get rid of the non-compete clauses which made it hard for about 30 million workers to change jobs. And it began cracking down on junk fees, add-ons to rental car contracts, ticket sales, banking services, and so on, getting those fees down an estimated $5 billion a year.
“Folks are tired of being played for suckers,” Biden said. “[I]t’s about basic fairness.”
Today, the administration announced new measures to promote competition in the economy. The Department of Agriculture will work with attorneys general in 31 states and Washington, D.C. to enforce antitrust and consumer protection laws in food and agriculture. They will make sure that large corporations can’t fix food prices or price gouge in stores in areas where they have a monopoly. They will work to expand the nation’s processing capacity for meat and poultry, and are also promoting better access to markets for all agricultural producers and keeping seeds open-source.
Having cracked down on junk fees in consumer products, the administration is now turning to junk fees in rental housing, fees like those required just to file a rental application or fees to be able to pay your rent online.
The Department of Justice and the Federal Trade Commission today released new merger guidelines to protect the country from mass layoffs, higher prices, and fewer options for consumers and workers. Biden used the example of hospital mergers, which have led to extraordinary price hikes, to explain why new guidelines are necessary.
The agencies reached out for public comment to construct 13 guidelines that seek to prevent mergers that threaten competition or tend to create monopolies. They declare that agencies must address the effect of proposed mergers on “all market participants and any dimension of competition, including for workers.”
Now that the guidelines are proposed, officials are asking the public to provide comments on them. The comment period will end on September 18.
One of the reporters on the press call about the new initiatives noted that the U.S. Chamber of Commerce has accused the Biden administration of regulatory overreach, exactly as Bork outlined in a famous 1978 book introducing his revision of U.S. antitrust policy. An answer by a senior administration official highlighted a key element of the struggle over business consolidation that is rarely discussed and has been key to demands to end such consolidation since the 1870s.
The official noted that small businesses, especially those in rural areas, are quite happy to see consolidation broken up, because it gives them an opportunity to get into fields that previously had been closed to them. In fact, small businesses have boomed under this administration; there were 10.5 million small business applications in its first two years and those numbers continue strong.
This is the same pattern the U.S. saw during the Progressive Era of the early twentieth century and during the New Deal of the 1930s. In both of those eras, established business leaders insisted that government regulation was bad for the economy and that any attempts to limit their power came from workers who were at least flirting with socialism. But in fact entrepreneurs and small businesses were always part of the coalition that wanted such regulation. They needed it to level the playing field enough to let them participate.
The effects of this turnaround in the government’s approach to economic consolidation is a big deal. It is already having real effects on our lives, and offers to do more: saving consumers money, protecting workers’ wages and safety, and promoting small businesses, especially in rural areas. It’s another part of this administration’s rejection of the top-down economy that has shaped the country since 1981.
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Russian president Vladimir Putin’s decision not to attend the BRICS summit in Johannesburg, South Africa, illustrates how fully his 2022 invasion of Ukraine has made him an international pariah. BRICS is an organization made up of Brazil, Russia, India, China, and South Africa, all considered fast-growing economies that would dominate the global economy by 2050 at the time it began to organize in 2006.
A lot has changed since then.
Because the International Criminal Court (ICC) has issued an arrest warrant for Putin for war crimes, specifically his regime’s deportation of Ukrainian children to Russia, he was at risk of arrest and extradition if he went to South Africa. Although that country has maintained neutrality in the war, it signed on to the treaty governing the ICC and thus has an obligation to arrest and surrender those under indictment by the ICC.
After much speculation about whether he would attend the summit while he pressured South African president Cyril Ramaphosa to agree not to arrest him, yesterday Putin announced that by “mutual agreement” with Ramaphosa, he will not attend and Russian foreign minister Sergey Lavrov will go in his place. Alexandra Sharp of Foreign Policy noted that his inability to attend the summit shows how his position as an accused war criminal has isolated Putin and “highlights just how much the Russian leader’s global standing has changed thanks to his war on Ukraine.”
Also yesterday, the U.S. Department of Defense announced another security assistance package for Ukraine, worth $1.3 billion and including surface to air missile systems, mine-clearing equipment, fuel trucks, and tactical vehicles to tow, haul, and recover equipment. That matériel will take time to provide, but much of it signals an army retaking territory.
As if to demonstrate what power he has left, Putin’s forces attacked the key Ukrainian shipping ports of Mykolaiv and Odesa, destroying 60,000 tons of grain that Ukraine president Volodymyr Zelensky said was destined for Africa and Asia, including China. Then Putin announced that he was ending Russian participation in the Black Sea Grain Initiative as of July 20 and would consider any ships that sailed to or from Ukraine’s ports on the Black Sea a “Hostile Military Transport.” Putin’s declaration that he might target the civilian ships of foreign powers threatened to escalate the war, but he quickly backed down on that threat today. Russia’s ambassador to the U.S. said Russia is not preparing to attack civilian ships.
The Black Sea grain deal, which facilitates the export of Ukrainian grain to the world market so long as the ships travel in certain channels, already gave Russia more influence over international shipping than its 10% of the Black Sea coastline warranted. And, to maintain that control, Russia planted sea mines in the waters around Ukrainian ports outside the safe channels.
Now the White House has warned that U.S. officials have information that Russia has added more mines in those waters with the intention of blaming Ukraine if those mines cause damage to foreign ships.
There are (at least) three key aspects of this announcement. First, Putin is threatening vulnerable countries with starvation and trying to jack up grain prices around the world, which will hit all countries but primarily poorer ones. The United Kingdom’s permanent representative to the United Nations, Ambassador Barbara Woodward, pointed out that 33 million tons of grain have been exported under the grain deal, and that the primary beneficiaries have been Ethiopia, Yemen, Afghanistan, Turkey, Sudan, Kenya, and Somalia.
Second, he was daring the other countries on the Black Sea, three of which belong to the North Atlantic Treaty Organization (NATO), to call his bluff.
Third, he is trying to destroy Ukrainian shipping infrastructure to hamstring its post-war future. Odesa is a historic and fabled city; it is also the key to shipping grain out of Ukraine. Capturing it, with its symbolic and practical value, was likely Putin’s primary goal in the first place. His willingness to destroy the city seems to indicate that he has given up on claiming it.
In response, Ukrainian forces began to use the so-called cluster munitions the U.S. provided earlier this month, firing the weapons at the Russian troops in Ukraine. Cluster munitions explode over a target, blanketing a large area with deadly smaller munitions. They are banned in more than 120 countries because those smaller munitions often hit the ground unexploded and lie there until civilians run across them, with deadly results.
Ukraine, Russia, and the U.S. have not banned the weapons, and Ukraine asked the U.S. to provide them for use within Ukraine, against Russian troops. Biden did so, after months of debate within the White House and strong disagreement from those who want the weapons banned altogether. President Biden eventually decided to send the cluster munitions, apparently in part because the areas of Ukraine where they would be deployed are already uninhabitable because of Russian mines and in part because Ukrainians themselves requested the weapons to throw out the Russian invaders, who have been using cluster munitions against Ukrainian civilians.
“Of course it’s a tragedy, but everything right now is a tragedy,” former defense minister of Ukraine Andriy Zagorodnyuk told Josh Kovensky of Talking Points Memo about using the munitions. “So the question is how to end the tragedy and, unfortunately, the only way so far to get peace is to win the peace.”
The U.S. Treasury and the U.S. State Department today announced additional sanctions on companies that have given Russia access to products that feed the war, provide revenue from minerals and mining, give it access to the international financial system, or provide military technology.
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On June 8 the Supreme Court affirmed the decision of a lower court blocking the congressional districting map Alabama put into place after the 2020 census, agreeing that the map likely violated the 1965 Voting Rights Act and ordering Alabama to redraw the map to include two majority-Black congressional districts.
Today the Alabama legislature passed a new congressional map that openly violates the Supreme Court’s order. By a vote of 75–28 in the House and 24–6 in the Senate, the legislature approved a map that includes only one Black-majority district.
Senator Tommy Tuberville (R-AL) and many of the other members of Alabama’s congressional delegation had spoken to the Republicans in the state legislature about the map. Editor of the Alabama Reflector Brian Lyman reported that the map’s sponsor said he had spoken to House speaker Kevin McCarthy (R-CA) too: “It was quite simple,” the sponsor said. McCarthy “said ‘I’m interested in keeping my majority.’ That was basically his conversation.”
Alabama governor Kay Ivey, a Republican, signed the bill into law.
Today, assistant U.S. attorney general Todd Kim and U.S. attorney for the Western District of Texas Jaime Esparza wrote to Texas governor Greg Abbott and Texas interim attorney general Angela Colmenero warning that the actions of Texas in constructing a barrier in the Rio Grande between the U.S. and Mexico “violate federal law, raise humanitarian concerns, present serious risks to public safety and the environment, and may interfere with the federal government’s ability to carry out its official duties.”
The floating barrier violates the Rivers and Harbors Act, which prohibits the construction of any obstructions to navigation in U.S. waters and requires permission from the U.S. Army Corps of Engineers before constructing any structure in such waters. Abbott ignored that law to construct a barrier that includes inflatable buoys and razor wire.
Mexico has also noted that barrier buoys that block the flow of water violate treaties between the U.S. and Mexico dating from 1944 and 1970, and has asked for the barriers to be removed. So has the owner of a Texas canoe and kayaking company, who says the buoys prevent him from conducting his business. And so have more than 80 House Democrats, who have noted Abbott’s “complete disregard for federal authority over immigration enforcement.”
Unless Texas promises by 2:00 Tuesday afternoon to remove the barrier immediately, the U.S. will sue.
Abbott has made fear of immigration central to his political messaging. He is now faced with the reality that Biden’s parole process for migrants at the southern border has dropped unlawful entries by almost 70% since it went into effect in early May, meaning that border agents have more time to patrol and are making it harder to enter the U.S. unlawfully.
Abbott’s barrier seems designed to keep his messaging amped up, accompanied as it is by allegations that troops from the National Guard and the Texas Department of Public Safety have been ordered to push migrants, including children, back into the river and to withhold water from those suffering in the heat. There are also reports that migrants have been hurt by razor wire installed along the barrier.
Abbott responded to the DOJ’s letter: “I’ll see you in court, Mr. President.”
Yesterday, on the same day that Shawn Boburg, Emma Brown, and Ann E. Marimow added to all the recent stories of Supreme Court corruption an exclusive story showing how then-leader of the Federalist Society Leonard Leo funded a “a coordinated and sophisticated public relations campaign to defend and celebrate” Supreme Court Justice Clarence Thomas, the Senate Judiciary Committee voted along party lines to advance a bill that would require the U.S. Supreme Court to adopt a binding code of ethics.
“We wouldn’t tolerate this [behavior] from a city council member or an alderman," committee chair Dick Durbin (D-IL) said. “It falls short of ethical standards we expect of any public servant in America. And yet the Supreme Court won't even acknowledge it’s a problem.” “The Supreme Court Ethics, Recusal, and Transparency Act,” Durbin said, “would bring the Supreme Court Justices’ ethics requirement in line with every other federal judge and restore confidence in the Court.”
Senator Lindsay Graham (R-SC) disagreed that Congress could force the Supreme Court to adopt an ethics code. “This is an unseemly effort by the Democratic left to destroy the legitimacy of the Roberts court,” he said, although he agreed that the justices need “to get their house in order.”
Today, Dahlia Lithwick and Anat Shenker-Osorio noted in Slate that voters of both parties strongly support cleaning up the Supreme Court.
As signs of an indictment for his efforts to overturn the results of the 2020 presidential election grow stronger, Trump has taken to threats . When asked about incarceration, Trump said earlier this week: “I think it’s a very dangerous thing to even talk about, because we do have a tremendously passionate group of voters, much more passion than they had in 2020 and much more passion than they had in 2016. I think it would be very dangerous.”
His loyalists are working to undermine the law enforcement agencies that are supporting the rule of law. On July 11, 2023, Representative Jim Jordan (R-OH), chair of the House Judiciary Committee, wrote to chair of the Committee on Appropriations Kay Granger (R-TX) asking her to defund Biden’s immigration policies as well as the Federal Bureau of Investigation (FBI), which investigates crime.
It is notable that, for all their talk about law and order, the Republican-dominated legislature of Alabama and the state’s Republican governor have just openly defied the U.S. Supreme Court, which is hardly an ideological enemy after Trump stacked it to swing to the far right.
The Republican governor of Texas is defying both federal law and international treaties. After rampant scandals, the Republican-dominated Supreme Court refuses to adopt an ethics system that might restore some confidence in their decisions. And, aided by his loyalists, the front-runner for the 2024 Republican presidential nomination is threatening mob violence if he is held legally accountable for his behavior.
The genius of the American rebels in 1776 was their belief that a nation could be based not in the hereditary rights of a king but in a body of laws. “Where…is the King of America?” Thomas Paine wrote in Common Sense. “I'll tell you Friend…that in America THE LAW IS KING. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other.”
Democracy is based on the rule of law. Undermining the rule of law destroys the central feature of democracy and replaces that system of government with something else.
In Florida today, U.S. District Judge Aileen Cannon set May 20, 2024, as the date for Trump’s trial for hiding and refusing to give up classified national security documents.
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The Florida Board of Education approved new state social studies standards on Wednesday, including standards for African American history, civics and government, American history, and economics. Critics immediately called out the middle school instruction in African American history that includes “how slaves developed skills which, in some instances, could be applied for their personal benefit.” (p. 6). They noted that describing enslavement as offering personal benefits to enslaved people is outrageous.
But that specific piece of instruction in the 216-page document is only a part of a much larger political project.
Taken as a whole, the Florida social studies curriculum describes a world in which the white male Founders of the United States embraced ideals of liberty and equality—ideals it falsely attributes primarily to Christianity rather than the Enlightenment—and indicates the country’s leaders never faltered from those ideals. Students will, the guidelines say, learn “how the principles contained in foundational documents contributed to the expansion of civil rights and liberties over time” (p. 148) and “analyze how liberty and economic freedom generate broad-based opportunity and prosperity in the United States” (p.154).
The new guidelines reject the idea that human enslavement belied American principles; to the contrary, they note, enslavement was common around the globe, and they credit white abolitionists in the United States with ending it (although in reality the U.S. was actually a late holdout). Florida students should learn to base the history of U.S. enslavement in “Afro-Eurasian trade routes” and should be instructed in “how slavery was utilized in Asian, European, and African cultures,” as well as how European explorers discovered “systematic slave trading in Africa.” Then the students move on to compare “indentured servants of European and African extraction” (p. 70) before learning about overwhelmingly white abolitionist movements to end the system.
In this account, once slavery arrived in the U.S., it was much like any other kind of service work: slaves performed “various duties and trades…(agricultural work, painting, carpentry, tailoring, domestic service, blacksmithing, transportation).” (p. 6) (This is where the sentence about personal benefit comes in.) And in the end, it was white reformers who ended it.
This information lies by omission and lack of context. The idea of Black Americans who “developed skills” thanks to enslavement, for example, erases at the most basic level that the history of cattle farming, river navigation, rice and indigo cultivation, southern architecture, music, and so on in this country depended on the skills and traditions of African people.
Lack of context papers over that while African tribes did practice enslavement, for example, it was an entirely different system from the hereditary and unequal one that developed in the U.S. Black enslavement was not the same as indentured servitude except perhaps in the earliest years of the Chesapeake settlements when both were brutal—historians argue about this— and Indigenous enslavement was distinct from servitude from the very beginning of European contact. Some enslaved Americans did in fact work in the trades, but far more worked in the fields (and suggesting that enslavement was a sort of training program is, indeed, outrageous). And not just white abolitionists but also Black abolitionists and revolutionaries helped to end enslavement.
Taken together, this curriculum presents human enslavement as simply one of a number of labor systems, a system that does not, in this telling, involve racism or violence.
Indeed, racism is presented only as “the ramifications of prejudice, racism, and stereotyping on individual freedoms.” This is the language of right-wing protesters who say acknowledging white violence against others hurts their children, and racial violence is presented here as coming from both Black and white Americans, a trope straight out of accounts of white supremacists during Reconstruction (p. 17). To the degree Black Americans faced racial restrictions in that era, Chinese Americans and Japanese Americans did, too (pp. 117–118).
It’s hard to see how the extraordinary violence of Reconstruction, especially, fits into this whitewashed version of U.S. history, but the answer is that it doesn’t. In a single entry an instructor is called to: “Explain and evaluate the policies, practices, and consequences of Reconstruction (presidential and congressional reconstruction, Johnson's impeachment, Civil Rights Act of 1866, the 13th, 14th, and 15th Amendments, opposition of Southern whites to Reconstruction, accomplishments and failures of Radical Reconstruction, presidential election of 1876, end of Reconstruction, rise of Jim Crow laws, rise of Ku Klux Klan)” (p.104).
That’s quite a tall order.
But that’s not the end of Reconstruction in the curriculum. Another unit calls for students to “distinguish the freedoms guaranteed to African Americans and other groups with the 13th, 14th, and 15th Amendments to the Constitution…. Assess how Jim Crow Laws influenced life for African Americans and other racial/ethnic minority groups…. Compare the effects of the Black Codes…on freed people, and analyze the sharecropping system and debt peonage as practiced in the United States…. Review the Native American experience” (pp.116–117).
Apparently, Reconstruction was not a period that singled out the Black population, and in any case, Reconstruction was quick and successful. White Floridians promptly extend rights to Black people: another learning outcome calls for students to “explain how the 1868 Florida Constitution conformed with the Reconstruction Era amendments to the U.S. Constitution (e.g., citizenship, equal protection, suffrage)” (p.109).
All in all, racism didn’t matter to U.S. history, apparently, because “different groups of people ([for example] African Americans, immigrants, Native Americans, women) had their civil rights expanded through legislative action…executive action…and the courts.”
The use of passive voice in that passage identifies how the standards replace our dynamic and powerful history with political fantasy. In this telling, centuries of civil rights demands and ceaseless activism of committed people disappear. Marginalized Americans did not work to expand their own rights; those rights “were expanded.” The actors, presumably the white men who changed oppressive laws, are offstage.
And that is the fundamental story of this curriculum: nonwhite Americans and women “contribute” to a country established and controlled by white men, but they do not shape it themselves.
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"And it's root, root, root for the home team,
If they don't win it's a shame,"
And I went...
and...
took the night off
To go to a ball game!
I'll be back at it tomorrow.
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Heather hits it out of the park! I love it!
-Eddie Vedder, "Smile"
Today, Israel’s parliament passed a law that increases the power of the country’s right wing, headed by prime minister Benjamin Netanyahu. Israel does not have a written constitution, and the prime minister’s ruling coalition is in control of both the executive and the legislative branches of government. The only check on them was the courts, which could overturn extreme laws that did not pass a “reasonableness standard,” which means they were not made according to a basic standard of fair and just policymaking.
The new law aims to take away that judicial power, and it passed by a vote of 64–0 after opponents walked out in protest. Netanyahu’s coalition has indicated it intends to continue to weaken the institutions that can check it. “This is just the beginning,” said National Security Minister Itamar Ben-Gvir.
For 13 of the last 14 years, Netanyahu, who is under indictment for bribery, fraud, and breach of trust, has been Israel’s prime minister. Israeli democracy has weakened under him, in part because, as Zach Beauchamp of Vox explains, his support for Israeli settlement of the West Bank has fed an aggressive right-wing nationalist movement.
Netanyahu was turned out of the position briefly by a fragile coalition in 2021 but returned to power in December 2022 at the head of a coalition made up of ultranationalist and ultrareligious parties. That coalition commands just 64 out of 120 seats, a bare majority, in the Knesset, Israel’s unicameral legislature, which passes laws and runs the government.
As soon as the coalition formed, it announced its intention of reforming the judiciary to weaken it significantly. It also backed taking over the West Bank and limiting the rights of Palestinians, LGBTQ individuals, and secular Israelis. In early July the government launched a massive attack on the refugee camp in the city of Jenin in the occupied West Bank that killed at least 8 Palestinians and wounded 50 others, saying the camp contained a militant command center.
Secular and center-left Jewish Israelis flooded the streets to protest as soon as the coalition announced its attack on the judiciary, and they have continued to protest for 29 weeks. Last Saturday, military leaders wrote to Netanyahu, blaming him personally for the damage done to the military and to Israel’s national security, and demanding that he stop. “We, veterans of Israel’s wars,… are raising a blaring red stop sign for you and your government.” Thousands of Israeli military reservists warned they would not report for duty if the judicial overhaul plan passed, dramatically weakening the country’s national security.
If the far-right coalition destroys the independence of the judiciary, it will have kneecapped the courts that could convict Netanyahu. It could also rig future elections by, for example, barring Arab parties from participating, thus cementing its hold on power.
The United States was the first nation to recognize Israel 75 years ago and has been a staunch supporter ever since, to the tune of nearly $4 billion a year. But the country’s rightward lurch is testing the strength of that bond.
Netanyahu has politicized the two countries’ bonds, openly siding with Trump and Trump Republicans, who continue to offer him their support. President Joe Biden has staunchly supported Israel for 50 years but recently has warned Netanyahu personally against pushing court reform, and last week he took the extraordinary step of inviting New York Times columnist Thomas L. Friedman to the Oval Office to make his message clear. Biden told Friedman that Israel’s lawmakers should not make fundamental changes to the country’s government without a popular consensus. The White House called today’s vote “unfortunate.”
Nonetheless, the administration has repeatedly emphasized that the U.S.-Israel relationship is “ironclad,” although White House press secretary Karine Jean-Pierre reiterated that “the core of that relationship is…on democratic values, the shared democratic values and interests." In the Daily Beast today, David Rothkopf argued that Israel has abandoned those democratic values and thus has ended “America’s special relationship with Israel.” That damage “cannot be easily undone,” he writes. “A relationship built on shared values cannot be easily restored once it is clear those values are no longer shared.”
Two former U.S. ambassadors to Israel, Dan Kurtzer and Martin Indyk, have called for the U.S. to cut military aid to that country, saying it is time to develop a new approach to the relationship. At the New York Times, columnist Nicholas Kristof points out that Israel is a wealthy country and that U.S. aid is essentially “a backdoor subsidy to American military contractors.”
In order to stay in power and avoid his legal trouble, Netanyahu must cater to his country’s hard right, no matter the cost to the nation. In the Washington Post today, columnist Max Boot noted that Netanyahu is undermining Israeli democracy, risking Israel’s relationship with the U.S., and threatening to spark a violent uprising among West Bank Palestinians.
In the U.S. today, after Texas governor Greg Abbott responded to the Justice Department’s letter warning him his buoys and razor wire in the Rio Grande were illegal by telling the government he would see it in court, the Department of Justice filed a civil complaint against the state of Texas on the same grounds it cited in the letter: the deployment of barriers breaks the Rivers and Harbors Act. It also threatens to damage U.S. foreign policy by breaking international treaties with Mexico, and foreign policy is exclusively the responsibility of the federal government.
Today the Department of Justice also agreed to permit U.S. attorney David Weiss to testify before the House Judiciary Committee…but with a twist. Weiss is the Trump-appointed official in charge of investigating President Joe Biden’s son Hunter Biden. In response to Weiss’s decision to charge Biden with two misdemeanor tax offenses and permit a pretrial diversion agreement with regard to a firearms charge, Trump Republicans have spread widely the accusations of two Internal Revenue Service investigators that Attorney General Merrick Garland tied Weiss’s hands. (As far as I can tell, these witnesses are not official whistleblowers, a designation that would mean the inspector general has agreed their accusations have merit.)
Weiss has publicly denied that accusation twice, but committee chair Jim Jordan (R-OH), Ways and Means Committee chair Jason Smith (R-MO), and Oversight Committee chair James Comer (R-KY) have demanded that Weiss, as well as more than a dozen other officials, testify before their committees.
But while the committee chairs have asked for closed-door testimony, the Justice Department today said it will make Weiss available for a public hearing, writing: “The Department believes it is strongly in the public interest for the American people and for Congress to hear directly from U.S. Attorney Weiss on these assertions and questions about his authority at a public hearing.” The Justice Department has proposed a number of dates for that hearing immediately after the House comes back from its August recess.
Russia continues to bomb the Ukrainian port city of Odesa, targeting agricultural infrastructure. Putin seems to have decided that if he can’t have Odesa, neither can anyone else. On Friday, Russia destroyed 100 tons of peas and 20 tons of barley in Odesa. Russia’s attacks on Ukrainian grain facilities just as the wheat harvest begins have spiked global grain prices and threatened food exports to Africa, which Russia has suggested it could take over itself. Russia’s attacks on Ukraine have badly damaged the country’s agricultural capacity, a blow to global food supplies. Today, Klaus Iohannis, the president of Romania, said he “strongly condemn[s]” Russian attacks on grain transit after Russians hit the port of Reni on the Romanian border.
Russia’s attacks on the city have also badly damaged famous cultural sites, earning condemnation in “the strongest terms” from the United Nations Educational, Scientific and Cultural Organization (UNESCO). Such attacks on Ukraine’s infrastructure and cultural treasures are another attempt to swing the war in Russia’s direction.
And on Friday, Russian officials announced they are raising the maximum age that men can be conscripted into military service from 27 to 30 years old.
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President Biden’s determination to “build the economy from the middle out and the bottom up,” appears to be paying off. Last Friday the global financial services company Morgan Stanley credited Biden’s policies with driving a boom in large-scale infrastructure and manufacturing, a boom large enough that Morgan Stanley revised its gross domestic product growth projections upward to 1.9%, a projection almost four times higher than its original projection.
Analysts doubled their projections for the fourth quarter, and raised forecasts for next year, as well. “The economy in the first half of the year is growing much stronger than we had anticipated,” Morgan Stanley’s chief U.S. economist Ellen Zentner wrote.
Part of their reasoning comes from a surge in manufacturing construction across the country thanks to the Bipartisan Infrastructure Law, which invests in roads, bridges, and other “hard” infrastructure projects; the Inflation Reduction Act, which invests in addressing climate change; and the CHIPS and Science Act, which invests in science and semiconductor chip manufacturing. During the 2010s, manufacturing construction generally held at about $50–80 billion a year. Now it is at $189 billion, with private investment following the government investment.
In half of the U.S. states, job creation is strong and unemployment is at or near 50-year lows, while lowering inflation rates has helped U.S. consumer confidence to rise to its highest level in two years (an important marker because consumer spending makes up about 70% of U.S. economic activity).
Today, the Teamsters union announced it has reached an agreement with United Parcel Service to avoid a major strike of as many as 340,000 workers. The tentative five-year agreement increases wages, including those for part-time employees, which was a sticking point in negotiations. Teamsters members still need to approve this deal, but Biden applauded the two sides for reaching an agreement by negotiating in good faith.
The agreement, Biden said, is “a testament to the power of employers and employees coming together to work out their differences at the bargaining table in a manner that helps businesses succeed while helping workers secure pay and benefits they can raise a family on and retire with dignity and respect.”
At the Economic Innovation Group, a bipartisan organization devoted to building a more dynamic U.S. economy, Daniel Newman reported yesterday that “[i]ndividuals filed nearly 2.7 million applications to start a business between January and June of this year, a 5 percent increase over 2022 and a staggering 52 percent increase over the same period in 2019.” He noted that “[t]he durability and growth of the startup surge is quite striking” and that nearly every major industry sector is participating in it.
Historically, Newman notes, “there is a tight correlation between the number of applications and true business formation.” “The sustained boost to entrepreneurship observed across much of the country since 2020 should produce a sense of optimism for a healthier, more dynamic economy in the coming years.”
Biden has always emphasized the importance of a healthy economy that gives workers breathing room and the ability to live with dignity.
But the administration’s reworking of the nation has not stopped there. Vice President Kamala Harris has stood firm on visibly honoring the nation’s commitment to equality before the law, and Biden has followed suit. Together, they have recalled the multicultural vision of the years from World War II to 1980, when the nation celebrated the power of its diversity.
On July 16, Harris spoke in Chicago at the retirement of the Reverend Jesse Jackson from the Rainbow/PUSH Coalition, a civil rights organization he founded in 1971. Celebrating Jackson’s storied career, from his years as a protege of the Reverend Martin Luther King, Jr., to creating Rainbow/PUSH, to running for president and critiquing the policies of the Republican Party, Harris noted that Jackson’s work rested on “the belief that the diversity of our nation is not a weakness or an afterthought, but instead, our greatest strength.”
“In his life’s work,” she said, Jackson “has reinforced that no matter who we are or where we come from, we have so much more in common than what separates us.” Jackson “has [brought] and continues to bring together people of all backgrounds: Black Americans, Asian Americans, Latino Americans, farmers, LGBTQ+ Americans, Native Americans, women, labor union members, people with disabilities, our young leaders, and people around the world.”
He created “[a] coalition to push the values of democracy and liberty and equality and justice not from the top down, but from the bottom up and the outside in…. He has built coalitions that expanded who has a voice and a seat at the table. And in so doing, he has expanded our democracy—the democracy of our nation.”
But, Harris warned, extremists are threatening that expansion of democracy, seeking “to divide us as a nation,… to attack the importance of diversity and equity and inclusion.” “[I]n these dark moments,” she said, “history shines a light on our path.” “[O]ur ability to stand together is our strength. Our ability to unify as many peoples is our strength. And the heroes of this moment will be those who bring us together in coalition; those who know that one’s strength is not measured based on who you beat down, but who you lift up.”
Vice President Harris today opened an event to mark Biden’s designation of a national monument in honor of Emmett Till and his mother, Mamie Till-Mobley, in a searing reminder of what those determined to make the United States a country defined by white supremacy can do. “We gather to remember an act of astonishing violence and hate and to honor the courage of those who called upon…our nation to look with open eyes at that horror and to act,” Harris said.
In August 1955, fourteen-year-old Emmett Till, a Black boy from Chicago, was visiting relatives in a small Mississippi town. After the wife of a white man named Roy Bryant accused the boy of flirting with her, Bryant and his half-brother, J. W. Milam, kidnapped Till, brutally beat him, mutilated him, shot him in the back of the head, and dumped his body in the Tallahatchie River. The county sheriff directed that the body be buried quickly, but his mother insisted that her son’s body be returned to Chicago.
There, she insisted on an open-casket funeral. “Let the world see what I have seen,” she said.
Till’s murder became a symbol of what would happen if men were not called to account for their actions and a rallying cry to make sure such a society of white supremacists could not survive.
In March 2022, President Biden signed the Emmett Till Antilynching Act, making lynching a federal hate crime. And he warned that “those who seek to ban books, bury history,” would not succeed. “[W]hile darkness and denialism can hide much,” he said, “they erase nothing.” And, he added, “only with truth comes healing, justice, repair, and another step forward toward forming a more perfect union.”
Today, on what would have been Emmett Till’s eighty-second birthday, Biden established the Emmett Till and Mamie Till-Mobley National Monument. It covers three historic sites in Mississippi and Chicago: the site in Graball Landing, Mississippi, where Till’s body is believed to have been pulled from the Tallahatchie River; the Chicago church where mourners held Till’s funeral; and the courthouse in Sumner, Mississippi, where an all-white jury acquitted Bryant and Milam.
“We can’t just choose to learn what we want to know” about our history, Biden said. “We have to learn what we should know. We should know about our country. We should know everything: the good, the bad, the truth of who we are as a nation. That’s what great nations do, and we are a great nation.”
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Yesterday a team of international researchers confirmed that human-caused climate change is driving the life-threatening heat waves in the U.S. and Europe. The U.S. has broken more than 2,000 high temperature records in the past month, and it looks like July will be the hottest month on Earth since scientists have kept records.
Another study published yesterday warns that the Atlantic currents that transport warm water from the tropics north are in danger of collapsing as early as 2025 and as late as 2095, with a central estimate of 2050. As Arctic ice melts, the cold water that sinks and pulls the current northward is warming, slowing the mechanism that moves the currents. The collapse of that system would disrupt rain patterns in India, South America, and West Africa, endangering the food supplies for billions of people. It would also raise sea levels on the North American east coast and create storms and colder temperatures in Europe.
On Sunday and Monday, the ocean water off the tip of Florida reached temperatures over 100 degrees Fahrenheit (37.8 Celsius), the same temperature as an average hot tub. According to the Coral Restoration Foundation, a nonprofit organization in Florida’s Key Largo that works to protect coral reefs, the hot water has created “a severe and urgent crisis,” with mortality up to 100%. The Mediterranean Sea also hit a record high this week, reaching 83.1 degrees Fahrenheit (28.4 Celsius).
An op-ed by David Wallace-Wells in the New York Times today noted that more land burned in Quebec in June than in the previous 20 years combined; across Canada, more than 25 million acres burned. And most of Canada’s fire season is still ahead.
Professor Ian Lowe of Australia’s Griffith University told The Guardian that he recalled reading the 1985 report that identified the link between greenhouse gasses and climate change, and worked to draw public attention to it. “Now all the projected changes are happening,” he said. “I reflect on how much needless environmental damage and human suffering will result from the work of those politicians, business leaders and public figures who have prevented concerted action. History will judge them very harshly.”
Former vice president Mike Pence, who is running for the 2024 Republican presidential nomination, today unveiled his economic proposal. It calls for eliminating the Environmental Protection Agency and the Biden administration’s incentives designed to address climate change.
In that, he is in line with Republican lawmakers. Earlier this month, Mike Magner in Roll Call noted that at least four of the bills released so far by the House Appropriations Committee for 2024 include cutting funding to address climate change that Congress appropriated in the Inflation Reduction Act. Project 2025, which has provided the blueprint for a Trump presidency, says “the Biden Administration’s climate fanaticism will need a whole-of-government unwinding,” and calls for more use of fossil fuels.
A new report from the United Nations Environment Programme (UNEP) and Columbia University says that court cases related to climate change have more than doubled in five years. Thirty-four of the 2,180 lawsuits have been brought forward on behalf of children, teens, and young adults.
And therein lies a huge problem for today’s Republican Party. A recent poll of young voters shows they care deeply about gun violence, economic inequality, LGBTQ+ rights, and climate change. All of those issues are only becoming more prominent.
And speaking of young people and the problems Republicans are having with that generation, I have only one other observation tonight, as I am spending this week reading the audiobook for the new book and am truly exhausted. It appears that the administration is pushing back on the attempts of states like Florida to whitewash our history by providing historical recaps in its press releases.
Today is the 75th anniversary of the desegregation of the armed forces by President Harry S. Truman in 1948, and the White House statement celebrating that anniversary did more than acknowledge it and praise today’s multicultural military. It recounted the history of Black service members from the American Revolution to the present.
It covered the Black regiments that fought in the Civil War to preserve the United States and defend their own freedom; the highly decorated Harlem Hellfighters of World War I who fought in France as part of the French army because American commanders would not have them alongside white units; the Tuskegee Airmen who flew 15,000 missions in World War II but returned home to discrimination and oppression.
It then went on to call out the women and men of color who have served in the U.S. military, including the Indigenous Code Talkers, who turned native languages into an unbroken code during World War II while their people were losing their lands; the famous 442nd Regimental Combat Team of Japanese Americans who fought in Europe even as their families were incarcerated in camps in the United States; the 65th Infantry Regiment of Puerto Rican soldiers in the Korean War, known as the Borinqueneers, who were court martialed as a group when their commander was replaced by a non-Hispanic officer.
Taken with yesterday’s quite comprehensive history of the 1955 murder of 14-year-old Black child Emmett Till, it seems as if the White House has found a simple way to push back on the whitewashed history taught in places like Florida: making the country’s real history easily available.
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More good news today for Bidenomics, as the gross domestic product report for the second quarter showed annualized growth of 2.4%, higher than projected, and inflation rose at a slower pace of 2.6%, down from last quarter and well below projections. Economic analyst Steven Rattner noted that as of the second quarter, “the US economy is over 6% larger than it was before COVID (after adjusting for inflation). At this point in the recovery from the Great Recession, 2011, the economy was just 0.7% larger than it had been in 2007.”
Both consumer spending and business investment, which is up 7.7% in real annualized terms, drove this growth. Business spending makes up a much smaller share of gross domestic product, but it drives future jobs and growth, and much of this growth is in manufacturing facilities. In keeping with that trend, the nation’s largest solar panel manufacturer, First Solar, announced today that it will build a fifth factory in the U.S. as alternative energy technology takes off. This commitment brings to more than $2.8 billion the amount First Solar has invested in the U.S. to ramp up production.
While so-called Bidenomics is designed to rebuild the middle class, the administration is also trying to reestablish fair ground rules for corporate behavior. Yesterday, the Departments of Justice, Commerce, and Treasury invited American businesses to come forward voluntarily if they think they might have violated U.S. sanctions, export controls, or other national security laws by sharing sensitive technology or helping sanctioned individuals launder money. Coming forward “can provide significant mitigation of civil or criminal liability,” the note says.
It highlighted the anti–money laundering and sanctions whistleblower program in the Treasury Department’s Financial Crimes Enforcement Network, or FinCEN.
While many of us were watching the federal courthouse in Washington, D.C., to see if an indictment was forthcoming against former president Trump for his attempt to overturn the results of the 2020 election, a different set of charges appeared tonight. Special counsel Jack Smith brought additional charges against Trump in connection with his retention of classified documents.
The new indictment alleges that Trump plotted to delete video from security cameras near the storage room where he had stored boxes containing classified documents, and did so after the Department of Justice subpoenaed that footage. That effort to delete the video involved a third co-conspirator, Carlos De Oliveira, who has been added to the case.
De Oliveira is a former valet at the Trump Organization’s Mar-a-Lago property who became property manager there in January 2022. Allegedly, he told another Trump employee that “the boss” wanted the server deleted and that the conversation should stay between the two of them.
In the Washington Post, legal columnist Ruth Marcus wrote, “The alleged conduct—yes, even after all these years of watching Trump flagrantly flout norms—is nothing short of jaw-dropping: Trump allegedly conspired with others to destroy evidence.” If the allegations hold up, “the former president is a common criminal—and an uncommonly stupid one.”
This superseding indictment reiterates the material from the original indictment, and as I reread it, it still blows my mind that Trump allegedly compromised national security documents from the Central Intelligence Agency, the Department of Defense, the National Security Agency, the National Geospatial Intelligence Agency (surveillance imagery), the National Reconnaissance Office (surveillance and maps), the Department of Energy (nuclear weapons), and the Department of State and Bureau of Intelligence and Research (diplomatic intelligence).
It sounds like he was a one-man wrecking ball, aimed at our national security.
The Justice Department has asked again for a protective order to protect the classified information at the heart of this case. In their request, they explained that, among other things, Trump wanted to be able to discuss that classified information with his lawyers outside a Sensitive Compartmented Information Facility, or SCIF, a room protected against electronic surveillance and data leakage.
Former deputy assistant director of the FBI’s counterintelligence division Peter Strzok noted that there is “[n]o better demonstration of Trump’s abject lack of understanding of—and disregard for—classified info and national security. He is *asking the Court* to waive the requirements for classified info that EVERY OTHER SINGLE CLEARANCE HOLDER IN THE UNITED STATES must follow.”
The Senate today passed the $886 billion annual defense bill by a strong bipartisan margin of 86 to 11 after refusing to load it up with all the partisan measures Republican extremists added to the House bill. Now negotiators from the House and the Senate will try to hash out a compromise measure, but the bills are so far apart it is not clear they will be able to create a bipartisan compromise. The National Defense Authorization Act (NDAA) has passed on a bipartisan basis for more than 60 years.
The extremists in the House Republican conference continue to revolt against House speaker Kevin McCarthy’s (R-CA) deal with the administration to raise the debt ceiling. They insist the future cuts to which McCarthy agreed are not steep enough, and demand more. This has sparked fighting among House Republicans; Emine Yücel of Talking Points Memo suggests that McCarthy’s new willingness to consider impeaching President Biden might be an attempt to cut a deal with the extremists.
As the Senate is controlled by Democrats, the fight among the House Republicans threatens a much larger fight between the chambers because Democratic senators will not accept the demands of the extremist Republican representatives.
The House left for its August recess today without passing 11 of the 12 appropriations bills necessary to fund the government after September, setting up the conditions for a government shutdown this fall if they cannot pass the bills and negotiate with the Senate in the short time frame they’ve left. Far-right Republicans don’t much care, apparently. Representative Bob Good (R-VA) told reporters this week, “We should not fear a government shutdown… Most of what we do up here is bad anyway.”
Representative Katherine Clark (D-MA), the second ranking Democrat in the House, disagreed. “The Republican conference is saying they are sending us home for six weeks without funding the government? That we have one bill…out of 12 completed because extremists are holding your conference hostage, and that’s not the full story: the extremists are holding the American people hostage. We will have twelve days…when we return to fund the government, to live up to the job the American people sent us here to do. This is a reckless march to a MAGA shutdown, and for what? In pursuit of a national abortion ban? Is that what we are doing here?
“The American people see through this. They know who is fighting for them, fighting for solutions…. Your time is coming. The American people are watching. They are going to demand accountability. We should be staying here, completing these appropriations bills, stripping out the toxic, divisive, bigoted riders that have been put on these bills and get[ting] back to work for freedom and for our economy and the American family.”
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On Wednesday, soldiers of the presidential guard overthrew Niger’s democratically elected president, Mohamed Bazoum, and replaced him with a military general, Abdourahmane Tchiani. Niger gained independence from France in 1960, and after a series of upheavals, the country established its current democracy in 2011. Bazoum was the first elected leader since then to succeed another in a peaceful democratic transfer of power. Niger is a key player in the struggle to establish democracy in Africa, and Bazoum’s overthrow is part of that larger story.
Niger is a landlocked country about twice the size of Texas in the center of the Sahel region in Africa, a dry grassland region that crosses the continent from the Atlantic to the Red Sea. The Sahel sits below the Sahara and above the tropical Sudanian savanna. That region is being hit terribly hard by climate change, as temperatures are rising there faster than anywhere else in the world, making the desert push into the grasslands. The United Nations estimates Niger loses almost 250,000 acres of arable land each year.
That region has also been plagued by violent Islamic groups, and strongmen promising to restore order have launched successful coups in the countries of Mali and Burkina Faso, which are Niger’s neighbors. (When Vice President Kamala Harris went to Ghana in March, her visit was partly to shore up democracy in that country, which is on the edge of the Sahel region and under pressure from militants in Sahel countries.)
While Niger’s people are some of the poorest in the world, the country’s resources are immensely valuable. Niger has oil and, more strikingly, produces 7% of all the uranium in the world. It also has the fastest population growth in the world, with more than half the population under 15. Noting that young people are vulnerable to radicalization, the U.S. last year said that “helping Niger to become an increasingly capable partner against regional threats is a critical goal.”
Nigerien forces have worked alongside France and the U.S. to combat Islamic terrorism in the region, and both France and the U.S. have troops stationed in Niger: France has about 1,500, and the U.S. has about 1,100. In 2022 the U.S. State Department described Niger as “strategically important as a linchpin for stability in the Sahel as well as a reliable counterterrorism partner against ISIS,…Boko Haram,…[and] other regional violent extremist organizations.”
In March, U.S. Secretary of State Antony Blinken visited Niger, where he announced a $150 million humanitarian aid package to the Sahel region, bringing the year’s total aid from the U.S. to $233 million. "Niger is a young democracy in a challenging part of the world," Blinken told reporters. "But it remains true to the values we share. Niger has been quick to defend the democratic values under threat in neighboring countries."
During that visit, Niger's foreign minister said that Niger would uphold democratic values to combat extremists. "We need to show that democracy is the only way to defeat terrorism," he said.
Russia’s mercenary leader Yevgeny Prigozhin and his Wagner Group troops have also been active in the region, working on the side of those overthrowing the governments in Mali and Burkina Faso by mercilessly crushing their opponents. In exchange, they extract highly valuable resources.
While it is not clear that the Wagner Group was involved in the government overthrow in Niger—the French newspaper Le Monde says there are no obvious signs of Russian involvement—some of the militants have been waving Russian flags, and Prigozhin yesterday took credit for the coup.
“This shows the effectiveness of Wagner,” Prigozhin said on social media. “A thousand Wagner fighters are able to restore order and destroy terrorists, preventing them from harming the civilian population of states.” This boast could well just be Prigozhin trying to rebuild his brand after his march on Moscow, but both Mali and Burkina Faso have turned toward Moscow after the coups there, and there is reason to think the same could happen in Niger.
Certainly, as their war in Ukraine goes poorly, it seems as if Russian leaders are throwing more of their weight into Africa. Putin has recently torn up the agreement that enabled Ukraine to export 35 million tons of grain in the past year, at least half of it to the developing world. He has added new mines to the Black Sea and has begun to bomb Ukraine’s grain-exporting ports, including the major port of Odesa, destroying 60,000 tons of grain stored there for export.
At a Russia-Africa summit held in St.Petersburg over the past two days between Russia and the leaders of 17 African countries, Russian president Vladimir Putin promised that Russia would export free grain to African countries to make up the difference. But Gyude Moore, senior policy fellow at the Centre for Global Development, told an Al Jazeera reporter that the amount he has offered is “too small in terms of the need.”
It is also notable that African attendance at this summit is much smaller than at the first Russia-Africa summit in 2019, when 43 African leaders attended, suggesting that the continent as a whole is not tilting toward Russia.
In New Zealand yesterday, where he said the “door is open” for New Zealand and other nations to join AUKUS, the new security pact between the U.S., the U.K. and Australia, Blinken noted that Russia is responsible for cutting off food to Africa and pointed out that the U.S. donates about half of the budget of the World Food Program while Russia contributes about .02%.
“So that gives you some idea of who’s the solution and who’s the problem,” he said. He suggested that Russia’s attack on grain headed for Africa “sends a very clear message, and I think it’s a message that is falling on very, very critical and concerned ears in Africa and throughout the developing world. My expectation would be that Russia will hear this clearly from our African partners when they meet.” “[T]hey know exactly who’s to blame for this current situation.”
U.N. Secretary-General António Guterres condemned “in the strongest terms” the attempt to seize power by force and called for those involved “to exercise restraint and to ensure the protection of constitutional order.” “We strongly condemn any effort to detain or subvert the functioning of Niger’s democratically elected government, led by President Bazoum,” White House National Security Adviser Jake Sullivan said. A spokesperson for the White House National Security Council added: “An unconstitutional seizure of power puts at grave risk our continued security cooperation with the government of Niger.”
Ulf Laessing, head of the Sahel program at Germany’s Konrad Adenauer Foundation, told the Associated Press that the mutiny was a “nightmare scenario for Western powers who had betted on Bazoum and Niger as new security anchor for the Sahel.”
Still, Laessing added, “It remains to be seen whether this is the last word. Parts of the army are probably still loyal to Bazoum. They benefited much from equipment and training as part of foreign military assistance.” People in the streets protested the takeover, with one telling a reporter: “We are here to show the people that we are not happy about this movement going on, just to show these military people that they can’t just take the power like this…. We are a democratic country, we support democracy and we don’t need this kind of movement.”
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I had intended to write about Bacon’s Rebellion today, since on this date in 1676, Nathaniel Bacon published the Declaration of the People of Virginia, outlining the rebels’ demands —and, let’s be honest, also because I am giddy with relief at finishing the final stages of the new book and eager to be doing history again—but President Joe Biden gave a surprisingly interesting talk in Freeport, Maine, yesterday that hit my in-box today just as I was sitting down to write about Bacon. (I wasn’t at the event—I was in Boston recording the audiobook.)
When he first spoke at the State Department on February 4, 2021, Biden tied foreign policy and domestic policy together, saying: “There’s no longer a bright line between foreign and domestic policy. Every action we take in our conduct abroad, we must take with American working families in mind. Advancing a foreign policy for the middle class demands urgent focus on our domestic…economic renewal.”
“If we invest in ourselves and our people,” he said back in 2021, “if we fight to ensure that American businesses are positioned to compete and win on the global stage, if the rules of international trade aren’t stacked against us, if our workers and intellectual property are protected, then there’s no country on Earth…that can match us.
“Investing in our diplomacy isn’t something we do just because it’s the right thing to do for the world. We do it in order to live in peace, security, and prosperity. We do it because it’s in our own naked self-interest. When we strengthen our alliances, we amplify our power as well as our ability to disrupt threats before they can reach our shores.”
Yesterday, in a campaign reception at a private home in Freeport, he gave what amounted to a more personal version of that speech, updated after the events of his first two and a half years in office. As he spoke informally to a small audience, he seemed to hit what he sees as the major themes of his presidency so far. The talk included an interesting twist.
Biden talked again about the world being at an inflection point, defining it as an abrupt turn off an established path that means you can never get back on the original path again. The world is changing, he said, and not because of leaders, but because of fundamental changes like global warming and artificial intelligence. “We’re seeing changes… across the world in fundamental ways. And so, we better get going on what we’re going to do about it, both in foreign policy and domestic policy.”
“Name me a part of the world that you think is going to look like it did 10 years ago 10 years from now,” he said.
But Biden went on to make the case that such fundamental change “presents enormous opportunities.”
He began by outlining the economic successes of his administration: more than 13.2 million new jobs—including 810,000 jobs in manufacturing—inflation coming down, and so on. He attributed that success to his administration’s embrace of the country’s older vision of investing in workers and the middle class rather than concentrating wealth at the top of the economy in hopes that the wealthy would invest efficiently. The administration focused on infrastructure and manufacturing, using measures like the CHIPS and Science Act and the Inflation Reduction Act to jump-start private investment in new industries in the U.S.
Then he turned to foreign affairs. “Does anybody think that the post-war eras still exist, the rules of the road from the end of World War Two?” he asked. The Atlantic Charter of August 1941 that defined a post–World War II order based that world on territorial integrity, national self-determination, economic growth, and alliances to protect those values. It was the basis for most of the postwar international institutions that have protected a rules-based order ever since.
But the world has changed, Biden said. In recognition of the new era, in June 2021, Biden and then–U.K. prime minister Boris Johnson signed a “New Atlantic Charter” to update the original. The new charter renews the U.S. commitment to the old one, then resolves “to defend the principles, values, and institutions of democracy and open societies,” and to “strengthen the institutions, laws, and norms that sustain international co-operation to adapt them to meet the new challenges of the 21st century, and guard against those that would undermine them.”
Yesterday, Biden noted that his administration has shored up alliances around the world, just as he called for at the State Department back in February 2021 and in the New Atlantic Charter of June 2021. It helped to pull Europe together to support Ukraine against Russia’s 2022 invasion, and the North Atlantic Treaty Organization (NATO) “is stronger today than it’s ever been in its existence.”
The Indo-Pacific world is changing, with new alliances coming together to hold firm on the idea of a rules-based international order. Biden has supported “the Quad”—India, Japan, Australia, and the United States—to stop China from changing that order, and other countries are taking note, shifting toward support for that order themselves. Did “anybody ever think Japan would increase its military budget over its domestic budget and help a European war on the side of the West?” Biden asked. “That’s what it’s doing. It’s changing the dynamic significantly.”
“The world is changing in a big way,” Biden said. “And we want to promote democracies…. [T]here is so much going on that we can make the world…a lot safer and better and more secure.”
“So…if you think about what’s happening, there is a confluence, if we get this right, of both domestic economic policy and foreign policy. [It] can make [us] safer and more secure than we’ve been [for] a long, long time.”
For all that his talk was a heartfelt recap of his presidency, he emphasized that the key to those successes has been democratic institutions. Referring to President Bill Clinton's secretary of state Madeleine Albright’s reference to the United States as “the essential nation,” he attributed the leadership of the United States in world affairs not to its military might or economic power, but rather to its ability to create and defend alliances and, crucially, institutions that aspire to a rules-based world that works for, rather than against, ordinary people.
“Who could possibly bring the world together?” Biden asked. “Not me. But the President of the United States of America. Who could do it unless the President of the United States does it? Who? What nation could do it?” His vision was not the triumphalism of recent presidents; it reached back to the 1940s, to the postwar institutions that helped to rebuild Europe and create lasting alliances, and expanded that vision for the twenty-first century.
He recognized that U.S. policies have caused damage in the past, and that the country must fix things it has broken. “We’re the ones who polluted the world,” he said, for example. “We made a lot of money,” and now the bill has come due.
And while the nation’s postwar vision was centered on majority-white countries, he emphasized that the modern world must include everyone. “[T]here’s a whole lot at stake, he said, “And I think we have an opportunity. And one of the ways we make life better for us is make life better for the rest of the world. That’s why I pushed so hard for the Build Back Better initiative to build the infrastructure in Africa…and in Latin America and South America.”
Biden noted that the strength of the U.S. is in its diversity. “I said when I got elected I was going to have an administration that looked like America.” He noted that there are a higher percentage of women in his Cabinet than ever before—more than the number of men—and that he had appointed more Black appellate court judges to the federal courts “than every other president in America combined.” He did this for a simple reason, he said: “Our strength is our diversity. It’s about time we begin to use it.”
“[T]he whole world is changing,” Biden said, “But if we grab hold,” he continued, “[t]here’s nothing beyond our capacity.”
If I were writing a history of the Biden administration 150 years from now, I would call out this informal talk as an articulation of a vision of American leadership, based not in economic expansion, military might, or personalities, or even in policies, but in the strength of the institutions of democracy, preserved through global alliances.
So I guess I got to write about history today, after all.
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This week we finished recording the audiobook for Democracy Awakening.
And so the entire process of writing a book, from getting the idea to reading the audiobook, is done, done, done, done, done.
It reads well, I think. In an odd way it is a deeply personal book: it’s basically my thoughts about the conversations we all have been having for the past four years about history, politics, democracy, and authoritarianism, based on my years of studying history and thinking about the human condition. We originally called the book “All I Know,” and that title would actually be pretty fair.
I’m superstitious about saying more now, but I’ll be speaking about the ideas in the book all over the country starting on the publication date—September 26—and will undoubtedly say then all the things I don’t dare venture now. (I’ll post a tour schedule somewhere obvious as soon as I get it.)
One thing new in this go-round is that the pandemic made it hard to get paper (manufacturers switched to cardboard packaging) and to print new runs (large printing facilities in the U.S. have closed as people turned to electronic formats), so if you think you’re going to want an actual book you might want to consider preordering one in the next week or so, from a local bookseller if you can. The publisher uses an algorithm based on preorders to determine the size of the first run, and while a second print run used to take about a week, now it can take as long as 8 weeks, so strong preorder numbers help to avoid running out of copies.
Considering how much the book feels like a community conversation, it seemed particularly appropriate that the audio recording was sort of old home week. My favorite sound guy, with whom I’ve worked for ages, was producing the recording. He was using a new studio, and it turned out I knew the studio’s owners; we had worked together about five years ago. I had never worked with the director before, but we figured out over the course of the week that we had a number of friends in common. And then, just as we were finishing the last chapter, my nephew, who’s a photographer, stopped by and started snapping pictures.
Here is an image of his I particularly like because it evokes all the hard work it takes to bring a project to life, and all the terrific people who make it happen. Sound producer Michael Moss is at the far right of the photo managing the recording, director Paul Ruben is on the computer screens (probably correcting me for the millionth time, poor man), and I’m on the left in the sound booth.
I’m going to take the night off, and will be back at it tomorrow. I’m guessing this week is going to be interesting.
[Image by Tyler Mitchell of Tyler Mitchell Creative.]
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At Ukraine’s request, Saudi Arabia will host peace talks with up to 30 countries next month about negotiating an end to Russia’s invasion of Ukraine. The meetings will include the United Kingdom, Poland, and the European Union, as well as the United States. Brazil, India and South Africa—all three members of BRICS, the economic group made up of Brazil, Russia, India, China, and South Africa—will attend, but Russia is not invited. Laurence Norman and Stephen Kalin of the Wall Street Journal report that diplomats picked Saudi Arabia to host the talks in hope of persuading China, which has close ties to Russia, to participate.
The basis for the talks will be Ukraine’s ten-point plan, which includes the removal of all Russian troops from Ukraine, but Norman and Kalin report that the plan will be adopted only if it is broadened into a widely shared set of principles that reinforce a rules-based international order. That ten-point plan calls for nuclear safety, food security, energy security, the release of all prisoners and deportees, territorial integrity, withdrawal of troops, justice, prevention of environmental damage, military security, and a firm end to the war.
While Ukrainians have the specific examples of the current war in mind—the Zaporizhzhia nuclear plant, which is now occupied by Russia, for example, and Russia’s destruction of food supplies and energy infrastructure, as well as Russian kidnapping of children—these principles have universal appeal.
“The Ukrainian Peace Formula contains 10 fundamental points, the implementation of which will not only ensure peace for Ukraine, but also create mechanisms to counter future conflicts in the world,” the head of Ukraine’s presidential office, Andriy Yermak, said in a statement. “We are deeply convinced that the Ukrainian peace plan should be taken as a basis, because the war is taking place on our land.”
At home, as David Smith noted today in The Guardian, quoting Democratic strategist Simon Rosenberg, Republican talking points against Biden and the Democrats “are having a really bad summer.” Republicans have centered their attacks on what they insist is a crisis at the southern border, crime in cities, and inflation. But in fact, as Smith points out, there is relative calm at the border (unlawful crossings dropped by more than 70% when Biden’s policies went into effect in early May) and violent crime has fallen (while Republicans are in the awkward position of explaining away Trump’s own apparent lawbreaking and threats of violence).
And inflation is down to 3%, lower than in any other major economy, while employment is at its strongest rate in half a century. On Friday, Yale School of Management professor Jeffrey Sonnenfeld and Steven Tian, a former quantitative investment analyst, wrote an article in Fortune titled: “Bidenomics’ Critics Are Being Proven Wrong. Happy Days Are Here Again.”
Sonnenfeld and Tian wrote that the economic theories of the past were proved wrong long ago and “[t]he U.S. economy is now pulling off what all these experts said was impossible: strong growth and record employment amidst plummeting inflation. And just as importantly, thanks to Bidenomics, the fruits of economic prosperity are inclusive and broad-based, amidst a renaissance in American manufacturing, investment, and productivity.” They conclude: “Bidenomics is proving to be the most impactful and transformative public investment program since FDR’s New Deal, with even Morgan Stanley acknowledging that economists broadly underestimated the positive effect of Bidenomics.”
As Smith wrote, the relative weakness of attacks on policy positions means that Republicans are pivoting to attacks on Biden’s character, not a bad move considering their own front runner appears to be weak on that front. Hence today’s House Committee on Oversight closed-door hearing with Devon Archer, Hunter Biden’s former business partner.
Committee chair James Comer (R-KY) told reporters that the hearing reaffirmed their questions—perhaps because they didn’t like the answers—about Joe Biden’s knowledge of his son’s foreign business dealings. Representative Dan Goldman (D-NY), who said he was the only committee member who stayed for the whole testimony (suggesting that the Republicans weren’t really interested in it), said that “Archer testified that Joe Biden NEVER discussed any business with Hunter and his associates” and that “there was no bribe from Burisma to Joe or Hunter.”
Representative Andy Biggs (R-AZ) confirmed that Archer “didn’t know anything about” the supposed $5 million bribe to Biden that Republicans have made much of. Goldman concluded: “This investigation has uncovered ZERO evidence connected to President Biden.”
But there is another story that would have been a scandal in any other era, when we weren’t completely exhausted by scandals: the giant trucking company Yellow is on the verge of bankruptcy and is shutting down, throwing 30,000 people, including 22,000 Teamsters union members, out of work.
Just three years ago, the Trump administration overruled the Pentagon to certify that Yellow was critical to maintaining national security, qualifying it for a $700 million federal loan during the pandemic. Both White House chief of staff Mark Meadows and Treasury Secretary Steven Mnuchin were personally involved in the deal, which Trump’s 2020 campaign used to suggest Trump was friendly to workers.
According to Yeganeh Torbati and Jeff Stein, who covered the story in April 2022 for the Washington Post, the $700 million loan “was by far the largest provided to any company through the program for businesses critical to national security.” Yellow has repaid $55 million in interest on the loan, but just $230 in principal. In May the company owed $729.2 million to the U.S. Treasury.
Still, the first New York Times/Sienna College poll of the 2024 campaign shows Trump winning 54% of the votes of likely Republican primary voters. The next closest challenger is Florida governor Ron DeSantis, at 17%. It appears Trump still has a lock on his base, and it is that base, the Washington Post’s Greg Sargent points out, that is demanding that House Republicans, led by House speaker Kevin McCarthy (R-CA) do more to protect Trump and bring down Democratic president Joe Biden.
For all that the base is in Trump’s camp, Peter Nicholas and Megan Lebowitz of NBC News note that of all the dozens of people who served in Trump’s cabinet, only four have said publicly they support his reelection and many are openly opposing him. Semafor’s Washington bureau chief Benji Sarlin noted that while “[e]veryone has thoroughly absorbed it already, it is 100% insane to have a president opposed by basically his whole cabinet—some of whom actively are or considered running against him themselves.”
Journalist Brian Beutler points out that Republican leaders could get together and fix their Trump problem by being honest with their voters about Trump’s behavior, “but refuse to.” Washington Post columnist E. J. Dionne adds: “There is a vicious cycle here. Republican leaders who know how dangerous Trump is fear speaking up because Trump is strong with their electorate. They stay silent. Trump gets stronger. They become even more fearful. Rinse and repeat.”
Trump’s political action committee, which theoretically is supposed to give money to political allies, has spent $40 million on legal fees for the former president and his aides in the first half of 2023. His allies are creating a new legal defense fund to keep the money coming in as his legal troubles get worse. Trump spokesman Steven Cheung said: “In order to combat these heinous actions by Joe Biden’s cronies and to protect these innocent people from financial ruin and prevent their lives from being completely destroyed, a new legal defense fund will help pay for their legal fees.”
But there are signs that the era that celebrated strongmen is coming to an end as people recognize the danger of such centralization of power. A study by New York Times reporters on Friday noted that Elon Musk has steadily come to dominate satellite internet technology with the Starlink technology made by his SpaceX rocket company, and that he has used that dominance to restrict the activities of Ukraine’s military. Musk began to launch satellites into space in 2019, and currently has in position more than 4,500 of the 42,000 satellites he plans. He controls more than 50% of the globe’s working satellites.
The federal government contracts with SpaceX for its rockets and the technology that reaches into areas other companies don’t yet reach. Ukraine, for example, depends on the 42,000 Starlink terminals across the country. Late last year, Musk restricted the use of Starlink on the battlefields, leaving Ukrainian troops without the ability to communicate in a way that suggests he was conducting his own foreign and military policy that conflicted with that of the United States. But a number of countries worry that no one man should have such power, and U.S. officials noted his proposals for a peace plan that would have given Russia Ukrainian land.
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Today a grand jury in Washington, D.C, indicted former president Donald J. Trump for conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. The charges stemmed from Trump’s attempt to overturn the results of the 2020 election. A grand jury is made up of 23 ordinary citizens who weigh evidence of criminal activity and produce an indictment if 12 or more of them vote in favor.
The grand jury indicted Trump for “conspiracy to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted and certified by the government; “conspiracy to corruptly obstruct and impede the January 6 congressional proceeding at which the collected results of the presidential election are counted and certified”; and “conspiracy against the right to vote and to have one’s vote counted.”
“Each of these conspiracies,” the indictment reads, “targeted a bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election.” “This federal government function…is foundational to the United States’ democratic process, and until 2021, had operated in a peaceful and orderly manner for more than 130 years.”
As Rachel Weiner pointed out in the Washington Post, “conspiracies don’t need to be successful to be criminal, and perpetrators can be held responsible if they join the conspiracy at any stage.”
The indictment referred to six co-conspirators without identifying them by name, but the details included about them suggest that Co-Conspirator 1 is Trump lawyer Rudy Giuliani; Co-Conspirator 2 is lawyer John Eastman, who came up with the plan for then–vice president Mike Pence to use his ceremonial role of counting the electoral votes to throw the election to Trump; Co-Conspirator 3 is Trump lawyer Sidney Powell; Co-Conspirator 4 is Jeffrey Clark, a Justice Department lawyer whom Trump tried to push into the role of attorney general so he could lie that there had been election fraud; Co-Conspirator 5 appears to be Kenneth Chesebro, a Trump attorney behind the idea of the false electors.
The identity of Co-Conspirator 6, a political consultant, is unclear.
On The Reid Out tonight, law professor Neal Katyal suggested that the six were not indicted because the Justice Department “doesn’t want the trial of the other six to be bundled up with this and slow this down.” Los Angeles Times senior legal affairs columnist Harry Litman concluded that the absence of Trump’s White House chief of staff, Mark Meadows, from the indictment indicates he’s cooperating with the Department of Justice. Meadows had a ringside seat to the last days of the Trump administration.
The indictment is what’s known as a “speaking indictment,” one that explains the alleged crimes to the public. It undercuts Trump loyalists’ insistence that the Department of Justice is trying to criminalize Trump’s free speech by laying out that Trump did indeed have a right to challenge the election—which he did, and lost. He also had a first-amendment right to lie about the election.
What he did not have was a right to use “unlawful means of discounting legitimate votes and subverting the election results.”
The indictment begins by settling out that Trump “lost the 2020 presidential election” but that “despite having lost, [Trump] was determined to remain in power.” So he lied that he had actually won. “These claims were false, and [Trump] knew they were false.” More than 15 pages of the 45-page indictment establish that Trump knew the allegations he was making about election fraud were lies.
In one memorable December exchange, a senior campaign advisor wrote in an email, “When our research and campaign legal team can’t back up any of the claims made by our Elite Strike Force Legal Team, you can see why we’re 0–32 on our cases. I’ll obviously hustle to help on all fronts, but it’s tough to own any of this when it’s all just conspiracy sh*t beamed down from the mothership.”
The Trump team used lies about the election to justify organizing fraudulent slates of electors in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. Allegedly with the help of Republican National Committee chair Ronna McDaniel, they attempted to have the legitimate electors that accurately reflected the voters’ choice of Biden replaced with fraudulent ones that claimed Trump had won in their states, first by convincing state legislators they had the power to make the switch, and then by convincing Vice President Mike Pence he could choose the Trump electors.
When Pence would not fraudulently alter the election results, Trump whipped up the crowd he had gathered in Washington, D.C., against Pence and then, according to the indictment, “attempted to exploit the violence and chaos at the Capitol” to overturn the election results. “As violence ensued,” the indictment reads, Trump and his co-conspirators “explained the disruption by redoubling efforts to levy false claims of election fraud and convince Members of Congress to further delay the certification based on those claims.” On the evening of January 6, 2021, the indictment alleges, Trump and Co-Conspirator 1 called seven senators and one representative and asked them to delay the certification of Biden’s election.
While they were doing so, White House counsel Pat Cipollone called Trump “to ask him to withdraw any objections and allow the certification. The Defendant refused.” Just before midnight, Co-Conspirator 2 emailed Pence’s lawyer, once again begging the vice president to “violate the law and seek further delay of the certification.”
While Trump loyalists are trying to spin the indictment as the weaponization of the Department of Justice against Trump, legal analyst George Conway noted on CNN tonight: "All the evidence comes from Republicans. If you go through this indictment and you annotate the paragraphs to figure out who are the witnesses the [special counsel] would use to prove particular points, they're all Republicans. Those are the people who were having the discussions, telling [Trump], 'You lost.'”
Trump will be arraigned at 4:00 p.m. Eastern time on August 3. The case of the United States of America v. Donald J. Trump has been randomly assigned to Judge Tanya S. Chutkan, appointed by President Obama in 2014 and confirmed 95–0 in the Senate. Chutkan has presided over dozens of cases concerning the defendants who participated in the events of January 6, 2021, and has been vocal during sentencing about the stakes of that event. In December 2021 she said: “It has to be made clear that trying to stop the peaceful transition of power, assaulting law enforcement, is going to be met with certain punishment.”
“The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy,” Special Counsel Jack Smith said in his statement about the indictment.
“The men and women of law enforcement who defended the U.S. Capitol on January 6 are heroes. They’re patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that define the United States.”
The prosecution of former president Trump for trying to destroy those institutions and principles, including our right to consent to the government under which we live—a right the Founders articulated in the Declaration of Independence—should deter others from trying to do the same. Moreover, it will defend the rights of the victims—those who gave their lives as well as all of us whose votes were attacked—by establishing the truth in place of lies. That realistic view should enable us to recommit to the principles on which we want our nation to rest.
Such a prosecution will reaffirm the institutions of democracy. Donald Trump tried to destroy “the free exercise and enjoyment of a right and privilege secured…by the Constitution and laws of the United States—that is, the right to vote, and to have one’s vote counted.” Such an effort must be addressed, and doing it within the parameters of our legal system should reestablish the very institutions Trump loyalists are trying to undermine.
As former House speaker Nancy Pelosi (D-CA) said this evening: “Like every criminal defendant, the former President is innocent until proven guilty…. The charges…must play out through the legal process, peacefully and without any outside interference…. As this case proceeds through the courts, justice must be done according to the facts and the law.”
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There have been more developments today surrounding yesterday’s indictment of former president Trump for conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding as he tried to overturn the results of the 2020 election and install himself in office over the wishes of the American people.
Observers today called out the part of the indictment that describes how Trump and Co-Conspirator 4, who appears to be Jeffrey Clark, the man Trump wanted to make attorney general, intended to use the military to quell any protests against Trump’s overturning of the election results. When warned that staying in power would lead to “riots in every major city in the United States,” Co-Conspirator 4 replied, “Well…that’s why there’s an Insurrection Act.”
The Insurrection Act of 1807 permits the president to use the military to enforce domestic laws, invoking martial law. Trump’s allies urged him to do just that to stay in power. Fears that Trump might do such a thing were strong enough that on January 3, 2021, all 10 living former defense secretaries signed a Washington Post op-ed warning that “[e]fforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory.”
They put their colleagues on notice: “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.” Josh Marshall at Talking Points Memo recalled today that military leaders told Congress they were reluctant to respond to the violence at the Capitol out of concern about how Trump might use the military under the Insurrection Act.
Political pollster Tom Bonier wrote: “I understand Trump fatigue, but it feels like the president and his advisors preparing to use the military to quash protests against his planned coup should be bigger news. Especially when that same guy is in the midst of a somewhat credible comeback effort.”
On The Beat tonight, Ari Melber connected Trump Co-Conspirator John Eastman to Senator Ted Cruz (R-TX). Just before midnight on January 6, 2021, after the attack on the U.S. Capitol, Eastman wrote to Pence’s lawyer to beg him to get Pence to adjourn Congress “for 10 days to allow the legislatures to finish their investigations, as well as to allow a full forensic audit of the massive amount of illegal activity that has occurred here.” On the floor of the Senate at about the same time, Cruz, who voted against certification, used very similar language when he called for “a ten-day emergency audit.”
An email sent by Co-Conspirator 6, the political consultant, matches one sent from Boris Epshteyn to Trump lawyer Rudy Giuliani, suggesting that Epshteyn is Co-Conspirator 6. The Russian-born Epshteyn has been with Trump’s political organization since 2016 and was involved in organizing the slates of false electors in 2020. Along with political consultant Steve Bannon, Epshteyn created a cryptocurrency called “$FJB, which officially stands for “Freedom. Jobs. Business.” but which they marketed to Trump loyalists as “F*ck Joe Biden.” By February 2023, Nikki McCann Ramirez reported in Rolling Stone that the currency had lost 95% of its value.
Since the indictment became public, Trump loyalists have insisted that the Department of Justice is attacking Trump’s First Amendment rights to free speech. Indeed, if Giuliani’s unhinged appearance on Newsmax last night is any indication, it appears that has been their strategy all along. Aside from the obvious limit that the First Amendment does not cover criminal behavior, the grand jury sidestepped this issue by acknowledging that Trump had a right to lie about his election loss. It indicted him for unlawfully trying to obstruct an official proceeding and to disenfranchise voters.
Today, Trump’s former attorney general William Barr dismissed the idea that the indictment is an attack on Trump’s First Amendment rights. Barr told CNN’s Kaitlan Collins: “As the indictment says, they're not attacking his First Amendment right. He can say whatever he wants. He can even lie. He can even tell people that the election was stolen when he knew better. But that does not protect you from entering into a conspiracy. All conspiracies involve speech. And all fraud involves speech. Free speech doesn't give you the right to engage in a fraudulent conspiracy.”
Rudy Giuliani has his own troubles in the news today, unrelated to the attempt to overturn the results of the 2020 election. His former assistant Noelle Dunphy is suing him for sexual harassment and abuse, and new transcripts filed in the New York Supreme Court of Giuliani’s own words reveal disturbing fantasies of sexual domination that are unlikely to help his reputation. (Historian Kevin Kruse retweeted part of the transcript with the words, “Goodbye, lunch.”)
The chaos in the country’s political leaders comes with a financial cost. According to Fitch Ratings Inc., a credit-rating agency, the national instability caused by “a steady deterioration in standards of governance over the last 20 years” has damaged confidence in the country’s fiscal management. Yesterday it downgraded the United States of America’s long-term credit rating for the second time in U.S. history.
Fitch cited “repeated debt-limit political standoffs and last-minute resolutions,” “a complex budgeting process,” and “several economic shocks as well as tax cuts and new spending initiatives” for its downgrade. The New York Times warned that the downgrade is “another sign that Wall Street is worried about political chaos, including brinkmanship over the debt limit that is becoming entrenched in Washington.”
The timing of the downgrade made little sense economically, as U.S. economic growth is strong enough that the Bank of America today walked back earlier warnings of a recession. Treasury Secretary Janet Yellen noted that the key factors on which Fitch based its downgrade had started in 2018 and called the downgrade “arbitrary.” The editorial board of the Washington Post called the timing “bizarre.” But the timing makes more sense in the context of the fact that House Republicans could not pass 11 of 12 necessary appropriations bills before leaving for their August recess.
The White House said it “strongly disagree[d]” with the decision to downgrade the U.S. credit rating, noting that the ratings model Fitch used declined under Trump before rebounding under Biden, and saying “it defies reality to downgrade the United States at a moment when President Biden has delivered the strongest recovery of any major economy in the world.” But it did agree that “extremism by Republican officials—from cheerleading default, to undermining governance and democracy, to seeking to extend deficit-busting tax giveaways for the wealthy and corporations—is a continued threat to our economy.”
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In a special election today, voters reelected Tennessee state representatives Justin Pearson and Justin Jones, whom the Republican supermajority in the state house voted on April 6 to expel for their participation in a demonstration in favor of gun safety. “Well, Mr. Speaker, the People have spoken,” Jones tweeted. The Tennessee legislature will convene on August 21 for a special session.
Former House speaker Nancy Pelosi (D-CA) tweeted: “Congratulations [Brother Jones] on your decisive victory and return to the Tennessee legislature! So pleased that the voters have sent you back where you belong—pursuing justice and opportunity For The People.”
At the E. Barrett Prettyman Courthouse in Washington, D.C., this afternoon, in the same courtroom where a number of defendants charged with crimes associated with the January 6, 2021, attack on the U.S. Capitol have been tried, the 45th president of the United States, Donald J. Trump, was arraigned. He is charged with conspiring to defraud the United States and conspiring and attempting to obstruct an official proceeding.
He is also charged with conspiring to take away “the free exercise and enjoyment of a right and privilege secured…by the Constitution and laws of the United States…the right to vote, and to have one’s vote counted,” as he tried to overturn the results of the 2020 election and install himself in office over the wishes of the American people.
After Magistrate Judge Moxila Upadhyaya read the counts against him, Trump entered a plea of not guilty on all four charges. The judge warned him that one of the conditions of his release was that he must not commit new crimes. Then she added to that standard warning an unusual one, warning him that any attempts to influence a juror would be a crime.
The lead prosecutor for the United States, Thomas Windom, asked the judge for a speedy trial; Trump’s attorneys refused to agree, saying it would take a long time to review the huge amount of evidence. U.S. District Judge Tanya Chutkan will hash out this difference when she presides over the case. The first hearing is scheduled for August 28.
And so, according to the U.S. attorney’s office for Washington, D.C., Trump became the 1,078th person charged with federal crimes in connection with the events of January 6, 2021.
Trump and his loyalists insist that the case against Trump attacks his right to free speech, although the grand jury’s indictment agrees that Trump had the right to lie about the election and charges him instead with illegal attempts to overturn its results.
Yale history professor Timothy Snyder noted: “That Trump will be tried for his coup attempt is not a violation of his rights. It is a fulfillment of his rights. It is the grace of the American republic. In other systems, when your coup attempt fails, what follows is not a trial.” While Trump has tried to whip up his supporters to fight for him, only a few turned out today to protest the proceedings, likely in part because the prosecutions of January 6 rioters have shown there are serious consequences for such actions.
Forty Democratic representatives today asked the Judicial Conference to authorize cameras in the courtroom during Trump’s trial. “It is imperative the Conference ensures timely access to accurate and reliable information surrounding these cases and all of their proceedings, given the extraordinary national importance to our democratic institutions and the need for transparency,” they wrote. “If the public is to fully accept the outcome, it will be vitally important for it to witness, as directly as possible, how the trials are conducted, the strength of the evidence adduced and the credibility of witnesses.”
Also today, while all eyes were on the former president’s arraignment, House Republicans on the Oversight Committee released the transcript of their July 31 interview with Devon Archer, former business associate of Hunter Biden, President Joe Biden’s 53-year-old son. Democrats on the committee had protested the Republicans’ spin on the closed-door interview and had been clamoring for the release of the transcript.
Archer was supposed to be a key witness for the Republicans’ allegations, but in fact the transcript supported the Democrats: Archer testified that he had never seen Hunter Biden involve his father in business discussions and that he had no evidence that then–vice president Biden changed U.S. policy to help Hunter. He said he knew nothing about the $5 million bribe to each Biden Republicans have been alleging.
He testified that he had no knowledge of wrongdoing by Biden senior, who was not involved with the Ukrainian company Burisma on whose board Hunter sat, and that he believed it was important to Hunter Biden to follow the law.
What emerged from the interview was a very different picture than Trump Republicans have been alleging in the media: Biden was calling his son every day around the time of his other son Beau’s death, just to check in, and the younger Biden sometimes put the call on speakerphone. Archer said: “Hunter spoke to his dad every day…[a]nd so in certain circumstances…if his dad calls him at dinner and he picks up the phone, then there’s a conversation. And…you know, the conversation is generally about the weather and, you know, what it’s like in Norway or Paris or wherever he may be.”
The transcript also revealed complaints by Democrats on the committee that the Republicans have kept information and documents about their investigation into Hunter Biden from Democratic committee members, forcing the Democrats to get their information “mainly from press statements…and leaks to press outlets.” The Republicans claim to have “a hard drive in their possession that they have refused to date to provide to committee Democrats.” They also limited the ability of Democrats to ask questions of Archer. “This obviously raises strong concerns that committee Republicans are once again attempting to cherry-pick facts, which has been an ongoing issue in this probe.”
Representative Jamie Raskin (D-MD) said: “The transcript released today shows the extent to which Congressional Republicans are willing to distort, twist, and manipulate the facts presented by their own witness just to keep fueling the far-right media’s obsession with fabricating wrongdoing by President Biden in a desperate effort to distract from Donald Trump’s third indictment and the overwhelming evidence of his persistent efforts to undermine American democracy.”
In contrast, on Newsmax tonight, Trump lawyer John Lauro appeared to confirm his client’s guilt when he tried to defend Trump’s attempt to overturn the results of the 2020 election by saying that “at the end, he asked Mr. Pence to pause the voting for 10 days, allow the state legislatures to weigh in and then they could make a determination to audit or reaudit or recertify. But what he didn't do is, you know, send in the tanks….” Legal analyst and former U.S. attorney Joyce White Vance tweeted: “Sounds like a coup to me.”
Meanwhile, this afternoon the Fulton County Sheriff’s Office announced a series of road closures beginning on August 7 in downtown Atlanta near the Superior Court of Fulton County and the Fulton County Government Center. At the end of July, the sheriff’s office put up security barricades around the courthouse.
The extra security measures might indicate that Fulton County district attorney Fani Willis is about to announce the results of the grand jury’s investigation into Trump’s attempt to overturn the results of the 2020 presidential election in Georgia: "I took an oath, and…the oath requires that I follow the law,” Willis said today. “And…if someone broke the law in Fulton County, Georgia,...I have a duty to prosecute, and that's exactly what I plan to do."
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Army Chief of Staff General James McConville, the 40th person to hold that position, retired today. Because Senator Tommy Tuberville (R-AL) has put a hold on military promotions for the past 8 months, there is no Senate-confirmed leader to take McConville’s place. There are eight seats on the Joint Chiefs of Staff, the group of the most senior military officers who advise the president, homeland security officials, the secretary of defense, and the National Security Council. Currently, two of those seats are filled by acting officials who have not been confirmed by the Senate.
Politico’s defense reporter Paul McLeary wrote that as of today, there are 301 senior military positions filled by temporary replacements as Tuberville refuses to permit nominations to go through the Senate by the usual process. Two more members of the Joint Chiefs of Staff will retire before the end of September.
Politico’s Pentagon reporter Lara Seligman illustrated what this personnel crisis means for national security: “U.S. forces are on high alert in the Persian Gulf,” she wrote today. “As Tehran attempts to seize merchant ships in the Strait of Hormuz, the U.S. is sending warships, fighter jets and even considering stationing armed troops aboard civilian vessels to protect mariners. Yet two of the top senior officers overseeing the escalating situation aren’t where they’re supposed to be.”
Two days ago, Defense Secretary Lloyd Austin wrote in a memo that the “unprecedented, across-the-board hold is having a cascading effect, increasingly hindering the normal operations of this Department and undermining both our military readiness and our national security.” Today he reiterated: “The failure to confirm our superbly qualified senior uniformed leaders undermines our military readiness.” He added, “It undermines our retention of some of our very best officers. And it is upending the lives of far too many of their spouses, children and loved ones.”
Tuberville, who did not serve in the military, likes to say "there is no one more military than me.” And yet, thanks to him and the Republican conference that is permitting him to hold the nominations, we are down two chiefs of staff tonight.
Meanwhile, on July 26, when soldiers took charge in Niger, a country central to the fight against Islamic terrorists and the security of democracy on the African continent, the U.S. had no ambassador there. Senator Rand Paul (R-KY) was blocking the confirmation of more than 60 State Department officials the same way that Tuberville was blocking the confirmation of military officials.
Paul claimed he was blocking State Department confirmations because he wanted access to information about the origins of COVID, but Secretary of State Antony Blinken said the department had “been working extensively” with Paul, providing the documents and other information he had requested. “But unfortunately, he continues to block all our nominees.” Paul complained that he had been only given private access, and wanted to “take those documents out.”
As of July 17, the current Senate had confirmed only five State Department nominees. On that day, Blinken wrote to each senator to express “serious concern” about the delays. He told reporters that he respects and values the Senate’s “critical oversight role…[b]ut that’s not what is happening here. No one has questioned the qualifications of these career diplomats. They are being blocked for leverage on other unrelated issues. It’s irresponsible. And it’s doing harm to our national security.”
Ambassadors “advance the interests of our country,” he said, and not having confirmed ambassadors “makes us less effective at advancing every one of our policy priorities—from getting more countries to serve as temporary hubs for [immigrant visa] processing, to bringing on more partners for global coalitions like the one we just announced to combat fentanyl, to support competitive bids for U.S. companies to build…critical infrastructure projects around the world.”
Our adversaries benefit from these absences, not only because they offer an opening to exploit, but also because “[t]he refusal of the Senate to approve these career public servants also undermines the credibility of our democracy. People abroad see it as a sign of dysfunction, ineffectiveness—inability to put national interests over political ones.”
Blinken noted that “[i]n previous administrations, the overwhelming majority of career nominees received swift support to advance through the Senate by unanimous consent. Today, for reasons that have nothing to do with the nominees’ qualifications or abilities, they are being forced to proceed through individual floor votes.” More than a third of the nominees had been waiting for more than a year for their confirmation.
Late on July 27, the day after the conflict began in Niger and the day before the senators left for their summer recess, Paul lifted his hold, tweeting that the State Department and the United States Agency for International Development (USAID), an independent agency that administers foreign aid, had agreed to release the documents he wanted. The Senate then confirmed career diplomat Kathleen A. FitzGibbon as ambassador to Niger, as well as ambassadors to other countries including Rwanda, the United Arab Emirates, Georgia, Guyana, Ethiopia, Jordan, Uganda, and Italy.
But FitzGibbon did not arrive in Niger before the U.S. government on Wednesday ordered “non-emergency U.S. government personnel” and their families to leave the country out of concerns for their safety.
The attack on our nation by individual Republicans seems to be a theme these days. After yesterday’s arraignment on charges that he conspired to defraud the United States, conspired and attempted to obstruct an official proceeding, and conspired to overturn Americans’ constitutionally protected right to vote, Donald Trump today flouted the judge’s warning not to try to influence jurors. He posted on social media: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
Prosecutors from the office of Special Counsel Jack Smith tonight alerted the court to Trump’s threat when they asked the court for a protective order to stop him from publishing information about the materials they are about to deliver to his lawyers. They expressed concern that publishing personal information “could have a harmful chilling effect on witnesses” or taint the jury pool by telling potential jurors too much before the trial.
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While there is news today, it is also the anniversary of the 1864 Battle of Mobile Bay, which is one of my favorite stories. I’m guessing we could all use a break from the drumbeat of today’s events to remember yesterday’s.
The story of the Battle of Mobile Bay started long before August 5, 1864. By the spring of 1864, victory in the Civil War depended on which side could endure longest. Confederates were starving as they mourned their many dead; Union supporters were tired of losing sons to battles that seemed to accomplish nothing.
President Abraham Lincoln knew he must land a crushing blow on the South or lose the upcoming presidential election. If he lost, the best Americans could hope for was a negotiated peace that tore the nation in two. In March 1864, Lincoln appointed Ulysses S. Grant commander-in-chief of all the Union armies, hoping that this stubborn westerner could win the war.
Grant set out to press the Confederacy on all fronts. In the past, the Union armies had acted independently, permitting Confederates to move troops to the places they were most needed. Grant immediately coordinated all the Union armies to move against the South at once.
In the East, the Army of the Potomac would hit Robert E. Lee’s Army of Northern Virginia. In Georgia, William T. Sherman’s western troops would smash their way from Tennessee to Atlanta. Finally, Grant wanted the U.S. Navy to move against Mobile, Alabama, a port on the Gulf Coast so well protected by shifting sands that it had become the major harbor for the blockade runners that still linked the Confederacy to Europe. Grant hoped this strategy would lock the South in a vise.
By midsummer, the plan had faltered. The Army of the Potomac had stalled in Virginia after an appalling 17,000 casualties at the Battle of the Wilderness, 18,000 at Spotsylvania, and another 12,000 at Cold Harbor, where soldiers pinned their names and addresses to the backs of their uniforms before the battle so their bodies could be identified. Sherman was stopped outside Atlanta. And the Navy had run aground up the Red River in Louisiana as it made a feint in that direction before the move against Mobile Bay. Union morale was so low that even President Lincoln thought he would lose the election and the war would end in an armistice.
By late summer, the pressure was on Admiral David G. Farragut to deliver a victory in Mobile Bay. After weeks of waiting for reinforcements, on the morning of August 5, Farragut ordered the captains of the fourteen wooden ships and four ironclads under his command to “strip your vessels and prepare for the conflict.”
At 5:40 a.m., with the wooden ships lashed together in pairs and the ironclads protecting them, the vessels set out in a line to pass the three forts and four warships that guarded the harbor above water, and the minefield that guarded all but a 500-yard channel below. The admiral’s flagship, the Hartford, was in the second pair in line, behind the Brooklyn and its partner.
As the ships proceeded under heavy fire, going slowly to stay behind the lumbering ironclads, the foremost ironclad hit a torpedo, turned over, and sank instantly, taking all hands with it. Aware he was on the edge of the minefield, the commander of the Brooklyn hung back, throwing the whole line into confusion under the pummeling of the land batteries. Farragut ordered the captain of the Hartford to take over the lead. As the Hartford passed the stalled Brooklyn, the Brooklyn’s captain warned that they were “running into a nest of torpedoes.”
“Damn the torpedoes!” Farragut allegedly shot back. “Full speed ahead!”
By 10:00 a.m., the U.S. Navy had taken Mobile Bay, cutting off all Confederate contact with Europe. It was the victory the Union needed, and others followed in its wake: Atlanta fell on September 2, and the Army of the Potomac began to gain ground in Virginia.
Finally able to believe that victory was near, voters rallied behind Lincoln’s determination to win the war and backed his administration in November. They gave him 55% of the popular vote and gave the Republicans supermajorities in both the House and the Senate.
Damn the torpedoes, indeed.
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On August 6, 1880, Republican presidential candidate James A. Garfield gave one of his most famous speeches. Then a congressional representative from Ohio, Garfield was in New York City to make peace with Roscoe Conkling, a Republican kingmaker who hated him and his insistence on clean government.
In the evening, Garfield spoke to a crowd of well-wishers, made up in large part of men who had fought in the Civil War, as Garfield had. The one-time college professor spoke directly to the “Boys in Blue,” telling them “how great a thing it is to live in this Union and be a part of it.” He told them that they, the soldiers of the Civil War, represented the same ideas of union embraced by the men who framed the Constitution.
“Gentlemen,” said Garfield to great applause, “ideas outlive men; ideas outlive all earthly things. You who fought in the war for the Union fought for immortal ideas, and by their might you crowned the war with victory. But victory was worth nothing except for the truths that were under it, in it, and above it. We meet to-night as comrades to stand guard around the sacred truths for which we fought. And while we have life to meet and grasp the hand of a comrade, we will stand by the great truths of the war.”
In 1880, four years after unreconstructed southern Democrats had taken control of all the former Confederate states and cemented the process of taking the vote away from Black men, Garfield promised that “we will remember our allies who fought with us.” He explained: “Soon after the great struggle began, we looked behind the army of white rebels, and saw 4,000,000 of black people condemned to toil as slaves for our enemies; and we found that the hearts of these 4,000,000 were God-inspired with the spirit of liberty, and that they were all our friends.”
As the crowd applauded, he continued: “We have seen white men betray the flag and fight to kill the Union; but in all that long, dreary war we never saw a traitor in a black skin.” To great cheers, he went on: “Our comrades escaping from the starvation of prison, fleeing to our lines by the light of the North star, never feared to enter the black man's cabin and ask for bread.” “That’s so!” yelled a man in the crowd. “In all that period of suffering and danger, no Union soldier was ever betrayed by a black man or woman.”
“[S]o long as we live we will stand by these black allies,” Garfield said. “We will stand by them until the sun of liberty, fixed in the firmament of our Constitution, shall shine with equal ray upon every man, black or white, throughout the Union. Fellow-citizens, fellow-soldiers, in this there is the beneficence of eternal justice, and by it we will stand forever….” To wild cheers, Garfield concluded: “[T]he Republic rises on the glorious achievements of its dead and living heroes to a higher and nobler national life. We must stand guard over our past as soldiers, and over our country as the common heritage of all.”
In an era in which the smart money said the Democrats, with their promise to overturn the Reconstruction laws that established a legal framework for racial equality, would win the 1880 election, Garfield squeaked into the White House.
But he did not live long enough to put his vision into law. After his death, the Republican Party slid away from the protection of equal rights, focusing instead on protecting big business, its leaders looking the other way as state laws increasingly kept Black Americans and immigrants from voting so long as that same focus on state power prevented national regulation of business.
But those who believed in civil rights never gave up. In 1909 the National Association for the Advancement of Colored People (NAACP) organized “to promote equality of rights and eradicate caste or race prejudice among citizens of the United States,” and worked to secure “complete equality before the law,” including voting rights.
NAACP members publicized racial atrocities and insisted that authorities enforce the laws already on the books. By the 1960s, those protecting Black rights ramped up their efforts to register voters and to organize communities to support political change. When voter registration workers disappeared during the “Freedom Summer” of 1964, popular anger at their disappearance gave Democratic president Lyndon Baines Johnson leverage to pressure Congress to act. It passed the Civil Rights Act of 1964, in part to make it easier to vote.
After voters put Johnson back into the White House in November 1964, voting rights activists stepped up their efforts. In Selma, Alabama, where the voting rolls were 99% white even though Black Americans outnumbered white Americans, law enforcement officers harassed activists. After officers beat and shot an unarmed man marching for voting rights in a town near Selma, Black leaders planned a march from Selma to the state capitol at Montgomery to draw attention to voter suppression.
Law enforcement officers met the protesters on March 7, 1965, with billy clubs, bullwhips, and tear gas. On March 15, Johnson addressed a national televised joint session of Congress to ask it to pass a national voting rights act. “Our fathers believed that if [their] noble view of the rights of man was to flourish, it must be rooted in democracy,” he said. “The most basic right of all was the right to choose your own leaders. The history of this country, in large measure, is the history of the expansion of that right to all of our people.”
He submitted to Congress voting rights legislation, and Congress delivered.
On August 6, 1965, Johnson signed the Voting Rights Act to guarantee Black Americans the right to vote.
“Today is a triumph for freedom as huge as any victory that has ever been won on any battlefield,” Johnson told the American people in a televised joint session of Congress. The Civil War had promised equality to all Americans, but that promise had not been fulfilled. “Today is a towering and certain mark that, in this generation, that promise will be kept.”
“I pledge you that we will not delay, or we will not hesitate, or we will not turn aside until Americans of every race and color and origin in this country have the same right as all others to share in the process of democracy,” Johnson said.
That resolve did not hold. In the 2013 Shelby County v. Holder decision, the Supreme Court significantly weakened the Voting Rights Act. Republican-dominated states immediately found ways to keep minority voters from the polls and their votes from being counted, and in 2020, then-president Trump tried to throw out the votes of people in majority Black districts in order to overturn the results of that year’s presidential election. On July 10, 2023, House Republicans introduced a sweeping “election integrity” bill that would loosen campaign finance regulations and make it harder to vote.
Eight days later, on July 18, Democrats in the House and Senate reintroduced the Freedom to Vote Act, which would make it easier for all Americans to vote, end partisan gerrymandering, require transparency in campaign donations to try to limit dark money in elections, and protect state and local election officials. “The story of American democracy is one of a relentless march towards further equality,” said Senate majority leader Chuck Schumer (D-NY). “The Freedom To Vote Act would rectify one of the great historic harms of our past and put us closer to our goal of a fully representative democracy.”
And then, on August 1—last Tuesday—the Department of Justice charged Trump under laws Congress passed during Reconstruction to protect the Black Americans’ political rights. Trump is charged with conspiring to obstruct an official proceeding—violating a law passed to stop Ku Klux Klan terrorists from breaking up official meetings in the late 1860s—and obstructing that proceeding: the counting of electoral votes.
Trump is also charged with conspiring “to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States—that is, the right to vote, and to have one's vote counted.”
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Things feel unsettled these days, partly because of chop in the prosecutorial waters surrounding the actions of former president Trump, partly because of changes in the U.S. economy, partly because of turmoil brought by climate change, and partly because of what appears to be the instability of a global realignment. This realignment has been forced by Russia’s 2022 invasion of Ukraine and the global effort to stand against that aggression.
Over the weekend, on August 5 and 6, representatives of 40 countries met in Jeddah, Saudi Arabia, to explore the contours of peace between Ukraine and Russia. Russia was not invited to the meeting, but all the other members of BRICS (the economic organization made up of Brazil, Russia, India, China, and South Africa) attended, illustrating Russia’s increasing isolation.
In February 2022, just before Russia invaded Ukraine, China and Russia pledged a “friendship without limits.” But that friendship appears to have frayed as what Russia seemed to think would be a quick land grab has stretched on for almost a year and half, straining Russia’s resources and isolating it from the global community. China sent its special envoy for Eurasian affairs and former ambassador to Russia, Li Hui, to the talks in Saudi Arabia.
Reporting on the weekend’s meeting, the Institute for the Study of War (ISW) reported that China’s “increasing misalignment with Russia on any settlement to end the war in Ukraine was…evident at the talks.” It noted the observation of the Financial Times that Chinese representatives were “keen to show that [China] is not Russia,” and that Russia appears to be more and more isolated from other nations. The ISW assesses that “China is not fully aligned with Russia on the issue of Ukraine and that Russia and China’s relationship is not a ‘no limits partnership’ as the Kremlin desires.”
Laurie Chen and Martin Quin Pollard of Reuters reported yesterday that China’s willingness to attend the talks in Saudi Arabia after declining to join earlier talks in Denmark likely indicates a recognition that it should participate in credible peace initiatives. Shen Dingli, an international relations scholar based in Shanghai, said that Russia is “bound to be defeated,” so China must try to cooperate with other nations without speeding Russia’s collapse.
Bloomberg noted that increasing tensions between China and Russia do not indicate a rift between the two countries so much as a way to create some space between the two. In a phone call today with Russian foreign minister Sergei Lavrov, Chinese foreign minister Wang Yi reaffirmed that the nations are “good partners.”
Ukraine’s request for the meeting in Saudi Arabia seemed designed to isolate Russia further, as Ukraine president Volodymyr Zelensky made the case that the terms on which he is demanding any peace be based on universal principles behind which other nations can unite.
Russia has continued its attack on Ukrainian grain supplies, damaging another 40,000 tons of grain destined for Africa, China, and Israel on August 2. Meanwhile, the Ukrainian counteroffensive continues, although it is advancing more slowly than Ukrainian officials had hoped.
China has its own issues with the global community. Ellen Nakashima of the Washington Post reported today that since 2020, Chinese operatives have penetrated Japan’s defense networks in one of the most damaging hacks of Japan’s modern history. And Italy, which in 2019 was the only major western economy supporting China’s Belt and Road Initiative to tie together world markets and boost trade between China and Asia, Europe, the Middle East, and North Africa, is now planning to pull back from the project.
On Sunday, Italian defense minister Guido Crosetto told a newspaper that signing the deal was “an improvised and atrocious act…. We exported a load of oranges to China; they tripled exports to Italy in three years.” An expert on Italian relations with China says Italy wants to demonstrate a close alignment with “the U.S., Western camp” while keeping a stable relationship with China.
World affairs have shifted since Russia’s invasion of Ukraine.
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As he designated the new Baaj Nwaavjo I’tah Kukveni–Ancestral Footprints of the Grand Canyon National Monument today, President Biden explained that protecting the approximately 1,552 square miles—4,046 square kilometers, or almost a million acres—of land to the north and south of the Grand Canyon “is good not only for Arizona, but for the planet. It’s good for the economy. It’s good for the soul of the nation. And I believe…in my core it’s the right thing to do.”
His administration has been pursuing the promise he made when he first took office to protect 30% of all the nation’s lands and waters by 2030. He noted that the administration has protected 9 million acres in Alaska, 225,000 acres in Minnesota, 50,000 acres in Colorado, 500,000 acres in Nevada, and 6,600 acres in Texas. It has restored protections for three national monuments the previous administration had gutted: Grand Staircase–Escalante and Bears Ears in Utah and Northeast Canyons and Seamounts off the New England coast. Interior Secretary Deb Haaland is working on creating a maritime sanctuary by protecting 770,000 square miles in the Pacific Ocean southwest of Hawaii.
The administration is also, he said, honoring his commitment “to prioritize respect for the Tribal sovereignty and self-determination, to honor the solemn promises the United States made to Tribal nations to fulfill federal trust and treaty obligations.” The protected land is home to 3,000 cliff houses, cave paintings, and other Indigenous cultural sites. Biden explained that the land being protected and the land already protected as the Grand Canyon National Monument had been Indigenous homelands.
Tribes had been excluded from those lands and have worked to protect the lands and waters there from the aftershocks of development, for example, cleaning up abandoned mines. The Bipartisan Infrastructure Law included funding to clean up such industrial pollution in the region, including the abandoned oil wells that leak toxic gases into the air and hazardous chemicals into the water. That work is underway.
Biden suggested this designation was also part of the administration’s effort to address climate change, calling out the historic investments in that effort funded by the Inflation Reduction Act, a claim that might well resonate in a state that has seen temperatures of more than 110 degrees Fahrenheit (43 Celsius) in Phoenix for 31 straight days.
According to the White House proclamation on the establishment of the new monument: “The natural and cultural objects of the lands have historic and scientific value that is unique, rich, and well-documented.” By creating the monument, Biden said, “we’re setting aside new spaces for families to hike, bike, hunt, fish, and camp—growing the tourism economy that already accounts for 11 percent of all Arizona jobs.”
But Republican leaders and uranium mining interests opposed the designation of the new monument because it will stop the development of new mines to access the approximately 1.3% of the nation’s known uranium reserves that lie inside the monument. While the two mines already operating in the monument are grandfathered in and other reserves are elsewhere, mining interests in Arizona wanted new development. They claim the uranium in the area, which could be used in nuclear reactors, is vital to U.S. security.
Science reporter Justine Calma of The Verge explained today that past uranium mining left 500 abandoned mines on Navajo Nation land and that pollution from the mines has been linked to life-threatening illnesses among children there.
In a letter to Biden, Haaland, and the heads of the Bureau of Land Management and of the U.S. Forest Service, House Republicans Bruce Westerman of Arkansas, chair of the Committee on Natural Resources, and committee member Paul Gosar of Arizona called the new designation “another strident abuse of the Antiquities Act” and demanded documents justifying the decision to put the area’s uranium out of developers’ reach.
In Ohio’s important election today, voters rejected the attempt of the Republican-dominated legislature to strengthen minority rule in the state by making it harder for a political majority to change the constitution. High turnout resulted in a vote whose unofficial count was about 57% against and about 43% in favor. Even key Republican districts voted against the measure.
For more than a century, Ohio voters have been able to put a constitutional amendment on the ballot so long as they get a certain number of signatures, and the amendment passes if it gets more than 50% of the vote. But the overturning of the 1973 Roe v. Wade decision in June 2022 sparked a strong backlash across the country. In Ohio, abortion rights activists began to collect signatures to get a constitutional amendment on the ballot in November, and it was clear they would succeed (in July they submitted 70% more signatures than they needed).
So in May, Ohio Republican legislators set a special election in August to require more signatures to get a constitutional amendment on the ballot and a threshold of 60% of the vote, rather than a simple majority, for the amendment to pass. That’s a very high bar, although, ironically, two amendments that tried to stop political gerrymandering—the practice that has given Republicans a supermajority in the state legislature—passed with about 75% of voters…and the Republicans ignored them.
Only last December the legislature ended most August elections because the traditionally low turnout made it easy for special interests to win by flooding the state with advertising money to energize a small base.
Although the position of secretary of state is supposed to be nonpartisan because the office oversees the state’s elections, Ohio’s Republican secretary of state, Frank LaRose, said: “This is 100% about keeping a radical pro-abortion amendment out of our constitution.”
But the implications of making it harder for voters to change laws stretched beyond Ohio. As pro-choice ballot initiatives keep winning, Republican-dominated legislatures across the country are trying to make it harder for citizens to use ballot initiatives. Republican attempts to stop voters from challenging their policies, especially in states where gerrymandering has given them far more seats in the legislature than would accurately represent their support, will echo beyond the issue of abortion to any policy voters would like to challenge.
A former chief justice of the Ohio Supreme Court, Republican Maureen O’Connor, told Sam Levine of The Guardian that the proposed measure “absolutely is minority rule…. If you get 59.9% of a vote that says yes, 40.1% can say no. This is the way it’s gonna be. We can thwart the effort of the majority of Ohioans that vote. And that’s not American.”
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New York Times journalists Maggie Haberman, Charlie Savage, and Luke Broadwater yesterday reported that in a memo dated December 6, 2020, Trump lawyer Kenneth Chesebro laid out a plan to overturn the results of the 2020 presidential election that he acknowledged was “a bold, controversial strategy” that he believed the Supreme Court would “likely” reject.
Still, he presented the plan—while apparently trying to distance himself from it by writing “I’m not necessarily advising this course of action”—because he thought it “would guarantee that public attention would be riveted on the evidence of electoral abuses by the Democrats, and would also buy the Trump campaign more time to win litigation that would deprive Biden of electoral votes and/or add to Trump’s column.”
The plan was essentially what the Trump campaign ultimately tried to pursue. It called for Trump-Pence electors in six swing states Biden had won to meet and vote for Trump, and then to make sure that in each of those states there was a lawsuit underway that “might plausibly” call into question Biden’s victory there. Then, Vice President Mike Pence would take the position that he had the power not simply to open the votes but also to count them, and that the 1887 Electoral Count Act that clarified those procedures was unconstitutional.
Key to selling this strategy, Chesebro wrote, was messaging that constructing two slates of electors was “routine,” and he laid out a strategy of taking events and statements out of context to suggest support for that messaging.
This was, of course, a plan to deprive American voters of their right to have their votes counted, as the federal grand jury’s recent indictment of former president Trump charged, but Chesebro concluded: “it seems advisable for the campaign to seriously consider this course of action and, if adopted, to carefully plan related messaging.”
Three days later, Chesebro wrote specific instructions to create those fraudulent electors, and they were off to the races.
Chesebro is identified as Co-Conspirator 5 in the grand jury’s recent indictment of Trump.
It is an astonishing thing to read this memo today.
Forty-nine years ago, on August 9, 1974, President Richard Nixon wrote one line to Secretary of State Henry Kissinger: “I hereby resign the Office of President of the United States.” In late July the House Judiciary Committee had voted to recommend articles of impeachment against the president for obstruction of justice, abuse of power, and contempt of Congress for his attempt to cover up the involvement of his people in the June 1972 burglary of the Democratic National Committee headquarters at the Watergate Hotel in Washington, D.C.
The Watergate break-in was part of the Nixon campaign’s attempt to rig the 1972 election, in this case by bugging the Democrats’ headquarters, and Republicans wanted no part of it. When the White House produced a “smoking gun” tape on August 5, revealing that Nixon had been in on the cover-up since June 23, 1972—and implying that he had been in on the bugging itself—those Republicans who had been defending Nixon abandoned him.
On the night of August 7, 1974, a group of Republican lawmakers led by Arizona senator Barry Goldwater met with Nixon in the Oval Office and told him that the House as a whole would vote to impeach him and the Senate would vote to convict. Nixon decided to step down.
Although Nixon did not admit any guilt, maintaining he was resigning only because the time it would take to vindicate himself would distract from his presidential duties, his replacement, Gerald R. Ford, granted “a full, free, and absolute pardon” to Nixon “for all offenses against the United States which he…has committed or may have committed or taken part in during the period from January 20, 1969, through August 9, 1974.”
Ford said that the trial of a former president 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.”
Only fifteen years later, the expectation that a president would not be prosecuted came into play again when members of President Ronald Reagan’s National Security Council ignored Congress’s 1985 prohibition on aid to the Nicaraguan Contras who were fighting against the socialist Nicaraguan government. The administration illegally sold arms to Iran and funneled the profits to the Contras.
When the story of the Iran-Contra affair broke in November 1986, government officials continued to break the law, shredding documents that Congress had subpoenaed. After fourteen administration officials were indicted and eleven convicted, the next president, George H. W. Bush, who had been Reagan’s vice president, pardoned them on the advice of his attorney general William Barr. (Yes, that William Barr.)
The independent prosecutor in the case, Lawrence Walsh, worried that the pardons weakened American democracy. They “undermine…the principle…that no man is above the law,” he said. Pardoning high-ranking officials “demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences.”
Walsh’s warning seems to be coming to life. The Republican Party now stands behind a man whose legal troubles currently include indictment on 40 counts for taking and hiding classified national security documents and on four counts of trying to steal an election in order to stay in power.
[Nixon's resignation letter from the National Archives, public domain.]
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“Good Lord, Who Among Us Hasn’t Paid For A Clarence Thomas Vacation?” David Kurtz of Talking Points Memo asked this morning. Kurtz was reacting to a new piece by Brett Murphy and Alex Mierjeski in ProPublica detailing Justice Thomas’s leisure activities and the benefactors who underwrote them.
Those activities include “[a]t least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast.” The authors add that this “is almost certainly an undercount.”
Thomas did not disclose these gifts, as ethics specialists say he should have done. House Democrats Ted Lieu (D-CA), Pramila Jayapal (D-WA), Bill Pascrell (D-NJ), Gerry Connolly (D-VA), and Hank Johnson (D-GA) have said Thomas must resign. Senator Sheldon Whitehouse (D-RI), who has led the effort to extricate the Supreme Court from very wealthy interests for years, commented: “I said it would get worse; it will keep getting worse.”
Thomas’s benefactors, Murphy and Mierjeski noted, “share the ideology that drives his jurisprudence.” That ideology made Trump lawyer Kenneth Chesebro, who has been in the news for the release of his December 6, 2020, memo outlining how to steal the 2020 presidential election, speculate that Thomas was the Supreme Court justice the plotters could count on to back their coup. “Realistically,” Chesebro wrote to lawyer John Eastman, “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress, is from Thomas—do you agree, Prof. Eastman?”
Last Saturday, Republican leaders in Alabama illustrated that their ideology means they reject democracy. After the Supreme Court agreed that the congressional districting map lawmakers put in place after the 2020 census probably violated the 1965 Voting Rights Act, a lower court ruling that required a new map went into effect. But Alabama Republican lawmakers simply refused.
Alexander Willis of the Alabama Daily News reported that at a meeting of the Alabama state Republican Party on Saturday, the party’s legal counsel David Bowsher applauded the lawmakers, saying, “House Speaker [Kevin] McCarthy doesn’t have that big a margin, that costs him one seat right there. I can’t tell you we’re going to win in this fight; we’ve got a Supreme Court that surprised the living daylights out of me when they handed down this decision, but I can guarantee you, if the Legislature hadn’t done that, we lose.”
Paul Reynolds, the national committeeman of the party, went on: “Let me scare you a little bit more; Texas has between five and ten congressmen that are Republicans that could shift the other way,” he continued. “How could we win the House back ever again if we’re talking about losing two in Louisiana, and losing five to ten in Texas? The answer’s simple: It’s never.”
Alabama attorney general Steve Marshall added: “Let’s make it clear, we elect a Legislature to reflect the values of the people that they represent, and I don’t think anybody in this room wanted this Legislature to adopt two districts that were going to guarantee that two Democrats would be elected…. What we believe fully is that we just live in a red state with conservative people, and that’s who the candidates of Alabama want to be able to elect going forward.”
The determination of Republican officials to hold onto power even though they appear to know they are in a minority is part of what drove even Republican voters in Ohio to reject their proposal to require 60% of voters, rather than a simple majority, to approve changes in the state constitution.
Meanwhile, today’s July consumer price index report showed that annual inflation has fallen by about two thirds since last summer, a better-than-expected number suggesting that measures to cool the economy are working without hurting the economy. Real wages have outpaced inflation for the last five months, and unemployment is at a low the U.S. hasn’t seen since 1969.
At the same time, the country is ending one of the last pieces of the social safety net put in place during Covid: the rule that people on Medicaid could remain covered without renewing their coverage each year. That rule ended in April, and states are purging their Medicaid rolls of those who they say no longer qualify. In the last three months, 4 million people have lost their Medicaid coverage, mostly because of paperwork problems. (Texas dropped an eye-popping 52% of beneficiaries due for renewal in May.)
Biden officials have tried to pressure states quietly to fix the errors—including long waits to get phone calls answered and slow processing of applications, as well as paperwork errors—but yesterday released letters it had sent to individual states to warn them they might be violating federal law. Thirty-six states did not meet federal requirements.
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As I try to cover the news tonight, I am struck by how completely the Republican Party, which began in the 1850s as a noble endeavor to keep the United States government intact and to rebuild it to work for ordinary people, has devolved into a group of chaos agents feeding voters a fantasy world.
The big news today was the hearing in Washington, D.C., where Department of Justice prosecutors argued for a protective order to stop former president Trump from intimidating witnesses and tainting the jury pool in the case against him for trying to stop the counting of electoral votes that would decide the 2020 presidential election.
Trump appears to have given up on winning the cases against him on the legal merits and is instead trying to win by whipping up a political base to reelect him, or even to fight for him. He has filled his Truth Social account with unhinged rants attacking the justice system and the president, and on Sunday his lawyer, John Lauro, echoed Trump as he made a tour of the Sunday talk shows, misleadingly suggesting that Trump had been indicted for free speech. In fact, the indictment says up front that even Trump’s lies are protected by the First Amendment, but what isn’t protected is a conspiracy that stops an official proceeding and deprives the rest of us of our right to vote and to have our votes counted.
A grand jury indicted Trump on August 1; when he was arraigned on August 3, the magistrate judge warned him that it is a crime to “influence a juror or try to threaten or bribe a witness or retaliate against anyone" connected to the case. Trump said he understood.
The next day, he posted on Truth Social: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
Justice Department lawyers promptly sought a protective order to limit what information Trump and his lawyers can release. Trump has a longstanding pattern of releasing misleading information to bolster his position among his base, and lawyers are concerned that he will continue to intimidate witnesses and try to taint the jury pool in hopes of getting the trial venue moved.
Days later, Trump told an audience in New Hampshire that he would not stop talking about the case, and called Special Counsel Jack Smith a “thug” and “deranged.” He has continued to post such messages on social media.
U.S. District Judge Tanya Chutkan reinforced that Trump’s focus on politics had no relevance in her court of law. Justice reporter for NBC News Ryan Reilly noted: “The word of the Trump hearing today: yield. Came up six times, as in: ‘the fact that he's running a political campaign currently has to yield to the orderly administration of justice.’”
Chutkan agreed to the protective order but agreed with Trump’s team that it would not include any material already in the public domain. She also prohibited Trump from reviewing materials with “any device capable of photocopying, recording, or otherwise replicating the Sensitive Materials, including a smart cellular device.”
Finally, she warned Trump’s lawyers: “I caution you and your client to take special care in your public statements in this case…. I will take whatever measures are necessary to protect the integrity of these proceedings.” If Trump repeats “inflammatory” statements, she said, she will have to speed up his trial to protect witnesses and keep the jury pool untainted.
Just what that might mean was illustrated today when a judge revoked the bail of former FTX cryptocurrency chief executive officer Sam Bankman-Fried for witness tampering and sent him to jail. Prosecutors say Bankman-Fried was leaking the private diary entries of his former girlfriend to the New York Times to discredit her testimony against him.
In Ohio, where voters on Tuesday overwhelmingly rejected the attempt of the Republicans in the legislature to stop a November vote on an amendment to the state constitution protecting abortion rights, Republicans tried to stop the inclusion of that amendment by challenging its form. Today the Ohio Supreme Court unanimously rejected that lawsuit. The proposed amendment will be on the ballot in November.
After demanding that David Weiss, the U.S. attorney in charge of investigating and charging Hunter Biden, be named a special counsel and then charging that Weiss had asked for and been denied that status—both he and Attorney General Merrick Garland denied that allegation—Republicans are now angry that Garland today gave Weiss that status.
Weiss requested that status for the first time earlier this week, and Garland granted it, although both Weiss and Garland had previously said Weiss had all the authority that status carries. Now House Republicans say appointing Weiss a special counsel is an attempt to obstruct Congress from investigating the Bidens. For all that Republicans are in front of the cameras every day insisting President Biden is corrupt, there is no evidence that President Biden has been party to any wrongdoing.
One of the things such behavior accomplishes is to distract from the party’s own troubles, including the inability of House Republicans to agree to measures to fund the government after September. Far-right extremists are still angry at the spending levels to which House speaker Kevin McCarthy (R-CA) agreed in a deal to raise the debt ceiling last June, and are threatening to refuse to agree to any funding measures until they get cuts that the Senate will never accept.
The House left for its August break after passing only one of the twelve bills it needs to pass, and when it gets back, it will have only twelve work days before the September 30 deadline. This chaos takes a toll: when the Fitch rating system downgraded the U.S. long-term rating last week, the first reason it cited was “a steady deterioration in standards of governance.” It explained: “The repeated debt-limit political standoffs and last-minute resolutions have eroded confidence in fiscal management.”
Another thing this chaos does is convince individuals that the entire government is corrupt. On Wednesday, as Biden was to visit Utah, FBI agents shot and killed an armed man there who made threats against him, Vice President Kamala Harris, and other officials who have been associated with Trump’s legal troubles: Attorney General Garland, Manhattan district attorney Alvin Bragg, and New York attorney general Letitia James. Craig Deleeuw Robertson described himself as a “MAGA Trumper.”
It seems we are reaping the fruits of the political system planted in 1968, when the staff of Republican presidential candidate Richard Nixon reworked American politics to package their leader for the election. “Voters are basically lazy,” one of Nixon’s media advisors wrote. “Reason requires a high degree of discipline, of concentration; impression is easier. Reason pushes the viewer back, it assaults him, it demands that he agree or disagree; impression can envelop him, invite him in, without making an intellectual demand…. When we argue with him, we…seek to engage his intellect…. The emotions are more easily roused, closer to the surface, more malleable.”
The confusion also takes up so much oxygen it’s hard for the Democrats, who are actually trying to govern in the usual ways, to get any attention. Today was the one-year anniversary of the PACT Act, officially known as the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022. The law improves access to healthcare and funding for veterans who were exposed to burn pits, the military’s waste disposal method for everything from tires to chemicals and jet fuel from the 1990s into the new century.
According to Senator Dick Durbin (D-IL), the PACT Act has already enabled more than 4 million veterans to be screened for toxic exposure, more than 744,000 PACT Act claims have been filed, and hundreds of thousands of veterans have been approved for expanded benefits.
Biden spoke in Utah about the government’s protections for veterans and why they’re important. In addition to the PACT Act, he talked about his recent executive order moving the authority for addressing claims of sexual assault, domestic violence, child abuse, and murder outside the chain of command to a specialized independent military unit—a move long championed by survivors and members of Congress.
Today the White House released a detailed explanation of “Bidenomics” along with resources explaining why the administration has focused on certain areas for public investment and how the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act have supported that investment. That collection explains why the administration is overturning forty years of political economy to return to the system on which the U.S. relied from 1933 to 1981, and yet it got far less traction than the fight over the protective order designed to keep Trump from attacking witnesses.
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In Marion, Kansas, yesterday morning, four local police officers and three sheriff’s deputies raided the office of the Marion County Record newspaper; the home of its co-owners, Eric Meyer and his 98 year old mother, Joan Meyer; and the home of Marion vice mayor Ruth Herbel, 80. They seized computers, cell phones, and other equipment. Joan Meyer was unable to eat or sleep after the raid; she collapsed Saturday afternoon and died at her home.
The search warrant alleged there was probable cause to believe the newspaper, its owners, or the vice mayor had committed identity theft and unlawful computer acts against restaurant owner Kari Newell, but Magistrate Laura Viar appears to have issued that warrant without any affidavit of wrongdoing on which to base it. Sherman Smith, Sam Bailey, Rachel Mipro, and Tim Carpenter of the nonprofit news service Kansas Reflector reported that federal law protects journalists from search and seizure and requires law enforcement instead to subpoena materials they want.
On August 2, Newell had thrown Meyer and a Marion County Record reporter out of a meeting with U.S. Representative Jake LaTurner (R-KS), and the paper had run a story on the incident. Newell had complained on her personal Facebook page,
On August 7, Newell publicly accused the newspaper of illegally getting information about a drunk-driving charge against her and giving it to Herbel. Eric Meyer says the information—which was accurate—was sent to him and Herbel over social media and that he decided not to publish it out of concerns it was leaked to help Newell’s estranged husband in divorce proceedings. Those same concerns made him take the story to local police. Newell accused the newspaper of violating her rights and called Meyer to accuse him of identity theft.
Meyer told journalist Marisa Kabas of The Handbasket that the paper was also investigating the new police chief for sexual misconduct, and he noted that the identities of people making those allegations are on the computers that got seized. “I may be paranoid that this has anything to do with it,” Meyer told Kabas, “but when people come and seize your computer, you tend to be a little paranoid.”
On Friday, Newell wrote on her Facebook page: “Journalists have become the dirty politicians of today, twisting narrative for bias agendas, full of muddied half-truths…. We rarely get facts that aren’t baited with misleading insinuations.”
Meyer worked at the Milwaukee Journal for 20 years and then taught journalism at the University of Illinois, retiring from there. He doesn’t take a salary from the Marion County Record. He told Kabas, “I’m doing this because I believe that newspapers still have a place in the world and that the worst thing that a newspaper could do was shrink its reporting staff, stop reporting, fill itself with non-news when there’s still news out there. And if you do a good job of providing news, you will get readers…. [W]e’re doing this because we care about the community.”
He said he worries that people are afraid to participate in politics because “there’s gonna be consequences and they’re going to be negative.”
The Marion County Record will sue the city and the individuals involved in the raid, which, the paper wrote in its coverage, “legal experts contacted were unanimous in saying violated multiple state and federal laws, including the U.S. Constitution, and multiple court rulings.” “Our first priority is to be able to publish next week,” Meyer said, “but we also want to make sure no other news organization is ever exposed to the Gestapo tactics we witnessed today. We will be seeking the maximum sanctions possible under law.”
Executive director of the Kansas Press Association Emily Bradbury noted “An attack on a newspaper office through an illegal search is not just an infringement on the rights of journalists but an assault on the very foundation of democracy and the public’s right to know. This cannot be allowed to stand.”
Americans have taken up this cause before. In 1836 the House of Representatives passed a resolution preventing Congress from taking up any petition, memorial, resolution, proposition, or paper relating “in any way, or to any extent whatsoever, to the subject of slavery or the abolition of slavery.” This “gag rule” outraged antislavery northerners. Rather than quieting their objections to enslavement, they increased their discussion of slavery and stood firm on their right to those discussions.
In that same year, newspaperman Elijah P. Lovejoy, who had been publishing antislavery articles in the St. Louis Observer, decided to move from the slave state of Missouri across the Mississippi River to Alton, Illinois. He suggested to his concerned neighbors that his residence in a free state would enable him to write more about religion than about slavery. But, he added in a statement to them, “As long as I am an American citizen, and as long as American blood runs in these veins, I shall hold myself at liberty to speak, to write and to publish whatever I please, being amenable to the laws of my country for the same.”
Lovejoy became a symbol of the freedom of the press.
When “a committee of five citizens” in Alton, appointed by “a public meeting,” asked Lovejoy if he intended to print sentiments to which they objected, he refused to “admit that the liberty of the press and freedom of speech, were rightfully subject to other supervision and control, than [the laws of] the land.” He reminded them that “‘the liberty of our forefathers has given us the liberty of speech,’ and that it is ‘our duty and high privilege, to act and speak on all questions touching this great commonwealth.’” “[E]very thing having a tendency to bring this right into jeopardy, is eminently dangerous as a precedent,” he said.
Popular pressure had proved unable to make Lovejoy stop writing, and on August 21, 1837, a mob drove off the office staff of the Alton Observer by throwing rocks through the windows. Then, as soon as the staff had fled, the mob broke into the newspaper’s office and destroyed the press and all the type.
On August 24, Lovejoy asked his supporters to help him buy another press. They did. But no sooner had it arrived than a gang of ten or twelve “ruffians” broke into the warehouse where it had been stored for the night and threw it into the river.
When yet another press arrived in early November, Lovejoy had it placed in a warehouse on the riverbank. That night, about thirty men attacked the building, demanding the press be handed over to them. The men inside refused and fired into the crowd, wounding some of the attackers. The mob pulled back but then returned with ladders that enabled them to set fire to the building’s roof. When Lovejoy stepped out of the building to see where the attackers were hiding, a man shot him dead. As the rest of the men in the warehouse ran to safety, the mob rushed into the building and threw the press out of the window. It broke to pieces when it hit the shore, and the men threw the pieces into the Mississippi River.
But the story did not end there. Elijah Lovejoy’s younger brother, Owen, saw Elijah shot. "I shall never forsake the cause that has been sprinkled with my brother's blood," he declared. He and another brother wrote the Memoir of Elijah P. Lovejoy, impressing on readers the importance of what they called “liberty of the press” in the discussion of public issues.
Owen then turned to politics, and in 1854 he was elected to the Illinois state legislature to stand against those southerners who had silenced his brother. The following year, voters elected him to Congress. His increasing prominence brought him political friends, including an up-and-coming lawyer who had arrived in Illinois from Kentucky by way of Indiana, Abraham Lincoln.
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It has been rainy and foggy here for most of the summer, but Buddy caught this clear early morning a few weeks ago.
He captioned it "Headed out to the gold fields," which seems to me to work in this beautiful spot even for those of us who don't fish for a living.
I'm taking an early night. Will be back at it tomorrow. Once again, it bids fair to be a busy week.
[Photo by Buddy Poland.]
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It has been a day full of news, not all of which I will have the space to put into this letter. But before I get to the extraordinary news of tonight’s indictment of former president Trump and 18 others on 41 criminal counts, including racketeering, for their attempt to overturn the results of the 2020 presidential election, there are two other landmarks to record today.
First, a major legal victory for those combating climate change:
In 1972, after a century of mining, ranching, and farming had taken a toll on Montana, voters in that state added to their constitution an amendment saying that “[t]he state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations,” and that the state legislature must make rules to prevent the degradation of the environment.
In March 2020 the nonprofit public interest law firm Our Children’s Trust filed a lawsuit on behalf of sixteen young Montana residents, arguing that the state’s support for coal, oil, and gas violated their constitutional rights because it created the pollution fueling climate change, thus depriving them of their right to a healthy environment. They pointed to a Montana law forbidding the state and its agents from taking the impact of greenhouse gas emissions or climate change into consideration in their environmental reviews, as well as the state’s fossil fuel–based state energy policy.
That lawsuit is named Held v. Montana after the oldest plaintiff, Rikki Held, whose family’s 7,000-acre ranch was threatened by a dwindling water supply, and both the state and a number of officers of Montana. The state of Montana contested the lawsuit by denying that the burning of fossil fuels causes climate change—despite the scientific consensus that it does—and denied that Montana has experienced changing weather patterns. Through a spokesperson, the governor said: “We must focus on American innovation and ingenuity, not costly, expansive government mandates, to address our changing climate.”
Today, U.S. District Court Judge Kathy Seeley found for the young Montana residents, agreeing that they have “experienced past and ongoing injuries resulting from the State’s failure to consider [greenhouse gas emissions] and climate change, including injuries to their physical and mental health, homes and property, recreational, spiritual, and aesthetic interests, tribal and cultural traditions, economic security, and happiness.” She found that their “injuries will grow increasingly severe and irreversible without science-based actions to address climate change.”
The plaintiffs sought an acknowledgement of the relationship of fossil fuels to climate change and a declaration that the state’s support for fossil fuel industries is unconstitutional. Such a declaration would create a foundation for other lawsuits in other states.
Second, an unprecedented and dangerous situation in the U.S. military: Thanks to the hold by Senator Tommy Tuberville (R-AL, although the Washington Post’s Glenn Kessler pointed out a few days ago that Tuberville actually lives in Florida) on Senate-confirmed military promotions, the U.S. Navy today became the third branch of the U.S. armed forces, after the Army and the Marine Corps, without a confirmed leader. Tuberville Is holding more than 300 senior military positions empty, including the top posts in the Army, Navy, and Marine Corps. He claims he is doing this in opposition to the military’s abortion policy.
And finally, third: tonight, just before midnight, the state of Georgia indicted former president Donald J. Trump and 18 others for multiple crimes committed in that state as they tried to steal the 2020 presidential election. A special-purpose grand jury made up of citizens in Fulton County, Georgia, examined evidence and heard from 75 witnesses in the case, and issued a report in January that recommended indictments. A regular grand jury took the final report of the special grand jury into consideration and brought an indictment.
“Trump and the other Defendants charged in this Indictment refused to accept that Trump lost” the 2020 presidential election, the indictment reads, ”and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump. That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states.”
The indictment alleges that those involved in the “criminal enterprise” “constituted a criminal organization whose members and associates engaged in various related criminal activities including, but not limited to, false statements and writings, impersonating a public officer, forgery, filing false documents, influencing witnesses, computer theft, computer trespass, computer invasion of privacy, conspiracy to defraud the state, acts involving theft, and perjury.”
That is, while claiming to investigate voter fraud, they allegedly committed election fraud.
And that effort has run them afoul of a number of laws, including the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act, which is broader than federal anti-racketeering laws and carries a mandatory five-year prison term.
Those charged fall into several categories. Trump allies who operated out of the White House include lawyers Rudy Giuliani (who recently conceded in a lawsuit that he lied about Georgia election workers Ruby Freeman and Shaye Moss having stuffed ballot boxes), John Eastman, Kenneth Chesebro, Jeffrey Clark, Jenna Ellis, and Trump’s White House chief of staff Mark Meadows.
Those operating in Georgia to push the scheme to manufacture a false slate of Trump electors to challenge the real Biden electors include lawyer Ray Stallings Smith III, who tried to sell the idea to legislators; Philadelphia political operative Michael Roman; former Georgia Republican chair David James Shafer, who led the fake elector meeting; and Shawn Micah Tresher Still, currently a state senator, who was the secretary of the fake elector meeting.
Those trying to intimidate election worker and witness Ruby Freeman include Stephen Cliffgard Lee, a police chaplain from Illinois; Harrison William Prescott Floyd, executive director of Black Voices for Trump; and Trevian C. Kutti, a publicist for the rapper formerly known as Kanye West.
Those allegedly stealing data from the voting systems in Coffee County, Georgia, and spreading it across the country in an attempt to find weaknesses in the systems that might have opened the way to fraud include Trump lawyer Sidney Powell; former Coffee County Republican Committee chair Cathleen Alston Latham; businessman Scott Graham Hall; and Coffee County election director Misty Hampton, also known as Emily Misty Hayes.
The document also referred to 30 unindicted co-conspirators.
Trump has called the case against him in Georgia partisan and launched a series of attacks on Fulton County District Attorney Fani Willis. Today, Willis told a reporter who asked about Trump’s accusations of partisanship: “I make decisions in this office based on the facts and the law. The law is completely nonpartisan. That's how decisions are made in every case. To date, this office has indicted, since I’ve been sitting as the district attorney, over 12,000 cases. This is the eleventh RICO indictment. We follow the same process. We look at the facts. We look at the law. And we bring charges."
The defendants have until noon on August 25 to surrender themselves to authorities.
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Last night, after a Georgia grand jury’s indictment of 19 people who worked to overturn the results of the 2020 presidential election, indicted co-conspirator and Trump lawyer Rudy Giuliani made a statement saying: “This is an affront to American Democracy and does permanent, irrevocable harm to our justice system. It's just the next chapter in a book of lies with the purpose of framing President Donald Trump and anyone willing to take on the ruling regime. They lied about Russian collusion, they lied about Joe Biden's foreign bribery scheme, and they lied about Hunter Biden's laptop hard drive proving 30 years of criminal activity. The real criminals here are the people who have brought this case forward both directly and indirectly."
This morning, Trump posted on Truth Social a promise that next Monday he will present “A Large, Complex, Detailed but Irrefutable REPORT on the Presidential Election Fraud which took place in Georgia,” saying the report “is almost complete.” He went on: “Based on the results of this CONCLUSIVE Report, all charges should be dropped against me & others—There will be a complete EXONERATION!”
It appears the Trump Republicans have fully embraced what Russian political theorists called “political technology”: the construction of a virtual political reality through modern media. Political theorists developed several techniques in this approach to politics: blackmailing opponents, abusing state power to help favored candidates, sponsoring “double” candidates with names similar to those of opponents in order to confuse voters on the other side and thus open the way for their own candidates, creating false parties to split the opposition, and, finally, creating a false narrative around an election or other event in order to control public debate.
The reality, of course, is that the claims that Giuliani, Trump, and their co-conspirators have made in front of the cameras have never stood up in the courts. They have lost time and time again. Just last month, Giuliani conceded in court that he had lied about election workers Ruby Freeman and Shaye Moss, and Georgia governor Brian Kemp—a Republican—responded today to Trump’s promise of an “Irrefutable REPORT” by saying: “The 2020 election in Georgia was not stolen. For nearly three years now, anyone with evidence of fraud has failed to come forward—under oath—and prove anything in a court of law.”
But Trump, and now his supporters, rose to power on their construction of a virtual political reality—pushing the story that former secretary of state Hillary Clinton had tried to “bleach” an email server until Americans believed it, for example (while Trump’s own recent attempt to delete security-camera footage after it had been subpoenaed by a grand jury has largely flown under the radar)—and Trump and his supporters continued to double down on that false world first to keep him in power and now to return him to it.
Notably, in 2019, they tried to smear Democratic presidential candidate Joe Biden by pressuring newly elected Ukraine president Volodymyr Zelensky to announce an investigation into Biden’s son Hunter: not to conduct an investigation, but only to announce one because they knew that media coverage would convince a number of people that where there was smoke there must be fire.
That investigation continues in 2023, pushed by a new set of Trump supporters, but with what appears to be the same goal. There, too, actual testimony under oath, like that of Hunter Biden’s former business partner Devon Archer, belies all the hyperbolic language with which Republicans are accusing the Bidens of corruption, but in that case, flooding the zone with sh*t, as Trump media specialist Steven Bannon put it, is working.
In cases where it is less successful, they are deliberately tearing down public confidence in our system of justice, arguing that the decision of ordinary Americans on grand juries to indict the former president and his co-conspirators for trying to overturn the results of the 2020 presidential election is a sign that the Justice Department has been "weaponized" against MAGA Republicans.
But reality is reasserting itself, not just in courtrooms, but also in the country at large.
Six years ago today, on August 15, 2017, then-president Donald Trump made remarks at a news conference at Trump Tower. It was there that he made the statement that there “were very fine people on both sides” of the Unite the Right rally in Charlottesville, Virginia, a few days earlier. He and his supporters later denied he had said such a thing or claimed that it had been taken out of context, although the transcript is pretty clear.
But that was not what Trump was there to talk about that day. He was there to talk about infrastructure and a vision of the country’s economic future.
Trump promised that the Republican policy of slashing regulation, which had been central to the party since 1981 and went hand in hand with tax cuts, would mean “[w]e’re going to get infrastructure built quickly, inexpensively, relatively speaking and the permitting process will go very, very quickly…. No longer will we allow the infrastructure of our magnificent country to crumble and decay, while protecting the environment we will build gleaming new roads, bridges, railways, waterways, tunnels and highways,” he said.
Trump pledged: “We will rebuild our country with American workers, American iron, American aluminum, American steel. We will create millions of new jobs and make millions of American dreams come true. Our infrastructure will again be the best in the world…and we will restore the pride in our communities, our nation…. We want products made in the country…. You have to bring this work back to this country…. I want manufacturing to be back into [sic] the United States so that workers can benefit.”
And yet, that, too, was a fantasy. Trump’s policies did not deliver the economic revival he promised.
Instead, six years later, it is President Biden and Vice President Kamala Harris, who have delivered that revival. They reordered the nation’s economic policies away from supply-side economics back toward the economic policies that guided the nation from 1933 to 1981, and now are taking a victory lap for actually rebuilding infrastructure, creating manufacturing jobs, and bringing supply chains home by investing in ordinary Americans.
The Bipartisan Infrastructure Law, which passed in November 2021, is enabling workers to rebuild the country’s roads, bridges, railroads, and other hard infrastructure. The CHIPS and Science Act has brought supply chains home and spurred investment in the production of semiconductors. The Inflation Reduction Act, which Biden signed into law on August 16, 2022, has created a surge of more than 170,000 jobs in manufacturing and clean energy, doubling the numbers of manufacturing jobs in the year since it passed, as private investment has followed the law’s public investment.
Political theorists constructed political technology as a way to create a false world that would convince voters to elevate a strongman to power. It is not clear what happens when that false world is revealed to be illusory, as it increasingly has been with regard to Trump’s statements.
At the very least, it seems unlikely that his announcement of “a major News Conference” to reveal why all the charges against him should be dropped will be met with the attention such an announcement would have attracted even a few years ago.
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[There is a discussion of rape in paragraph 12.]
Three big stories today. First of all, the Democrats are taking a victory lap on the anniversary of the Inflation Reduction Act (IRA), a law that has transformed the U.S. economy and for which not a single Republican voted.
The IRA was the eventual form President Joe Biden’s initial “Build Back Better” plans took. It offered to lower Americans’ energy costs with a 30% tax credit for energy-efficient windows, heat pumps, or newer models of appliances; capped the cost of drugs at $2,000 per year for people on Medicare; and made healthcare premiums fall for certain Americans by expanding the Affordable Care Act.
By raising taxes on the very wealthy and on corporations and bringing the Internal Revenue Service back up to full strength so that it can crack down on tax cheating, as well as saving the government money by permitting it to negotiate drug prices with pharmaceutical companies, the IRA was expected to raise $738 billion. That, plus about $891 billion from other sources, enabled the law to make the largest investment ever in addressing climate change while still bringing down the federal government’s annual deficit.
“This is a BFD,” former President Barack Obama tweeted a year ago.
“Thanks, Obama,” Biden responded.
The law has driven significant investment in U.S. manufacturing. Indeed, the chief executive officer of U.S. Steel recently said the law should be renamed the “Manufacturing Renaissance Act,” as manufacturers return previously offshored production to the U.S. That same shift has brought supply chains back to the U.S. These changes have meant new, well-paid manufacturing jobs that have been concentrated in Republican-dominated states and in historically disadvantaged communities.
Scientists Alicia Zhao and Haewon McJeon, who recently published an article in Science, today wrote that the IRA “brings the US significantly closer to meeting its 2030 climate target [of cutting greenhouse gas emissions to 50–52% below 2005 levels], taking expected emissions from 25–31% below 2005 levels down to 33–40% below.”
While Republican presidential candidates took shots at the IRA today—former South Carolina governor Nikki Haley called it “a communist manifesto”—Democrats have pointed out that Republicans have been eager to take credit for IRA investments in their districts without mentioning either that they voted against the IRA or that they are still trying to repeal it.
If the Democrats are taking a victory lap for passing this transformative law a year ago, the second big story today showed the effort to steal the 2020 presidential election was fully formed earlier than had been established previously. That story came from MSNBC’s Ari Melber, who revealed a video taken by Danish filmmaker Christoffer Guldbrandsen of Trump ally Roger Stone plotting to overturn the results of the 2020 presidential election on November 5, 2020, two days before the election was called for President Biden.
In the video, Stone dictated to an associate a statement saying that “any legislative body may decide on the basis of overwhelming evidence of fraud to send electors to the Electoral College who accurately reflect the president’s legitimate victory in their state, which was illegally denied him through fraud. We must be prepared to lobby our Republican legislatures…by personal contact and by demonstrating the overwhelming will of the people in their state—in each state—that this may need to happen,” he said.
This video, recorded while the election was not yet decided, recalls the statement of Trump ally Steve Bannon, who told a group of associates on October 31, 2020—before the election—that Trump simply planned to declare he had won, claiming that the expected wave in favor of Biden was fraudulent. “What Trump’s gonna do is just declare victory. Right? He’s gonna declare victory. But that doesn’t mean he’s a winner,” Bannon said. “He’s just gonna say he’s a winner.”
The third big story of today shows how Trump Republicans think about women. It hits hard in the wake of this week’s story in Time magazine of the 13-year-old Mississippi girl who just gave birth after being raped by a stranger in her yard. She was unable to obtain an abortion because of Mississippi’s abortion ban. She is scheduled soon to start seventh grade.
Yesterday, far away from the home of that Mississippi girl, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit handed down a decision about the use of the abortion drug mifepristone in the case of Alliance for Hippocratic Medicine v. Food and Drug Administration (FDA). Last year, as soon as the Supreme Court overturned the 1973 Roe v. Wade decision recognizing the constitutional right to abortion, antiabortion doctors tried to get mifepristone taken off the market by arguing that the FDA should never have approved it when it did so in 2000. The Alliance for Hippocratic Medicine was incorporated just after last June’s Dobbs v. Jackson Women’s Health decision overturned Roe v. Wade.
In April 2023, Trump appointee and longtime abortion opponent Texas judge Matthew Kacsmaryk issued a preliminary ruling invalidating that approval. The federal appeals court yesterday said the drug should be legal, but significantly limited its use by saying it could not be sent through the mail or prescribed without an in-person visit to a doctor, cutting midwives and other healthcare providers out of the process.
Judge James Ho, who was sworn into office by Supreme Court Justice Clarence Thomas in his billionaire benefactor Harlan Crow’s library in 2018 (Texas Republican senator Ted Cruz was also there), wrote his own opinion in the case in order to expand on what he sees as “the historical pedigree of Plaintiffs’ conscience injury, and to explore how Plaintiffs suffer aesthetic injury as well.”
Antiabortion doctors suffer a moral injury when they are forced to help patients who have complications from the use of mifepristone, Ho wrote, because they are forced to participate in an abortion against their principles.
Those doctors also experience an aesthetic injury when patients choose abortion because, as one said, “When my patients have chemical abortions, I lose the opportunity…to care for the woman and child through pregnancy and bring about a successful delivery of new life.” Indeed, Ho wrote, “It’s well established that, if a plaintiff has ‘concrete plans’ to visit an animal’s habitat and view that animal, that plaintiff suffers aesthetic injury when an agency has approved a project that threatens the animal.”
In cases where the government “approved some action—such as developing land or using pesticides—that threatens to destroy…animal or plant life that plaintiffs wish to enjoy,” that injury “is redressable by a court order holding unlawful and setting aside the agency approval. And so too here. The FDA has approved the use of a drug that threatens to destroy the unborn children in whom Plaintiffs [that is, the antiabortion doctors] have an interest.”
“Unborn babies are a source of profound joy for those who view them,” Ho wrote. “Expectant parents eagerly share ultrasound photos with loved ones. Friends and family cheer at the sight of an unborn child. Doctors delight in working with their unborn patients—and experience an aesthetic injury when they are aborted.”
The decision will be on hold until the appeals process is completed.
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