Heather Cox Richardson

July 7, 2022 (Thursday)

Today, President Joe Biden awarded the Presidential Medal of Freedom to 17 individuals who Biden says “demonstrate the power of possibilities and embody the soul of the nation—hard work, perseverance, and faith. They have overcome significant obstacles to achieve impressive accomplishments in the arts and sciences, dedicated their lives to advocating for the most vulnerable among us, and acted with bravery to drive change in their communities—and across the world—while blazing trails for generations to come.”

The seventeen appear to have been chosen quite deliberately to provide a snapshot of a multicultural, nonpartisan society in which people work to overcome hardship and contribute to the public good.

Biden praised decorated gymnast Simone Biles, who has won 19 World Championship gold medals and 4 Olympic gold medals, for her advocacy for the mental health and safety of athletes, children in the foster care system, and victims of sexual assault.

Sister Simone Campbell is “a prominent advocate for economic justice, immigration reform, and healthcare policy.” Dr. Julieta García “was the first Hispanic woman to serve as a college president and dedicated her career to serving students from the Southwest Border region.” Former Member of Congress Gabrielle “Gabby” Giffords, the youngest woman ever elected to the Arizona State Senate and later a U.S. representative, survived gun violence and co-founded a nonprofit organization dedicated to gun violence prevention.

Attorney Fred Gray “represented Rosa Parks, the NAACP, and Martin Luther King, who called him ‘the chief counsel for the protest movement.’” Steve Jobs, who died in 2011, led both Apple, Inc., and Pixar. “His vision, imagination and creativity led to inventions that have, and continue to, change the way the world communicates, as well as transforming the computer, music, film and wireless industries.” Father Alexander Karloutsos has been a Greek Orthodox priest for more than 50 years, “providing counsel to several U.S. presidents.” Khizr Khan is a Gold Star father (which means he lost his son Captain Humayun Khan in the military service of the U.S.) and “is a prominent advocate for the rule of law and religious freedom.”

Sandra Lindsay was prominent in the early months of the Covid-19 pandemic, working as a critical care nurse in New York. She was “the first American to receive a COVID-19 vaccine outside of clinical trials and is a prominent advocate for vaccines and mental health for health care workers.” Senator John McCain, who died in 2018, was a prominent Republican politician from Arizona, famous as an independent thinker who often bucked his party to do what he considered right. Diane Nash helped to found the Student Nonviolent Coordinating Committee (SNCC) that “organized some of the most important civil rights campaigns of the 20th century.”

Olympic and two-time World Cup champion soccer player Megan Rapinoe works “for gender pay equality, racial justice, and LGBTQI+ rights.” Former Wyoming senator Alan Simpson, a Republican, has been “a prominent advocate on issues including campaign finance reform, responsible governance, and marriage equality.” Richard Trumka, who died in 2021, led the AFL-CIO for more than a decade and worked for social and economic justice. Brigadier General Wilma Vaught broke gender barriers as she rose through the ranks of the U.S. Air Force. “When she retired in 1985, she was one of only seven women generals in the Armed Forces.” Award-winning actor, director, and producer Denzel Washington has “served as National Spokesman for the Boys & Girls Clubs of America for over 25 years.”

And civil rights advocate Raúl Yzaguirre, who was a U.S. ambassador to the Dominican Republic, led the National Council of La Raza for 30 years.

“Decorated athletes and military heroes, artists, civil rights giants, activists and trailblazing representatives, intellectuals, and innovators,” Biden tweeted. “That’s America. And these are our 2022 Presidential Medal of Freedom recipients.”

President John F. Kennedy established these awards for ​​”especially meritorious contributions to… [t]he security or national interests of the United States, or…world peace, or…cultural or other significant public or private endeavors.” “In a period when the national government must call upon an increasing portion of the talents and energies of its citizens,” Kennedy said, “it is clearly appropriate to provide ways to recognize and reward the work of persons, within and without the Government, who contribute significantly to the quality of American life.” And yet for all their apparent civic-minded origins, a 2018 study by political scientists E. Fletcher McClellan, Christopher Devine, and Kyle C. Kopko showed that the medals have become increasingly political since 1981 as presidents seek to reward donors and associate their presidencies with individuals who will appeal to their voters or show their administrations in a good light.

The difference between Biden’s first 17 award recipients and those former president Trump honored reflects their different visions of the country. Trump favored white people and focused on athletes, especially golfers; cultural icons (Babe Ruth and Elvis Presley); or icons in the Republican Party’s rightward swing (media figure Rush Limbaugh, economist Arthur Laffer, jurist Antonin Scalia). Trump also awarded a medal to Representative Devin Nunes (R-CA) on January 4, 2021, and, on January 11, 2021, to Representative Jim Jordan (R-OH).

That vision of the government as a way to reward loyalists might have moved past legal boundaries. New York Times journalist Michael S. Schmidt yesterday reported that both former FBI director James Comey and his deputy Andrew McCabe were tapped for extremely rare invasive tax audits by the Internal Revenue Service during the Trump administration. Those audits are supposed to be random, and the chances that both Comey and McCabe, whom Trump singled out as enemies for their role in the Russia investigation, were randomly chosen seem small. The two men were unaware the other had gone through the deep audit until a reporter told them.

Today, the IRS director Charles Rettig, the Trump appointee under whom the audits took place, asked the inspector general of the Treasury Department to investigate the matter.

There was international condemnation of right-wing policies in the U.S. today, when the European Parliament voted 324 to 155, with 38 abstaining, to condemn the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health, overturning the 1973 Roe v. Wade decision recognizing the constitutional right to abortion. It also demanded that the European Union recognize the right to abortion in its charter, and to provide “safe, legal and free abortion services, pre-natal and maternal healthcare services, voluntary family planning, youth-friendly services, and HIV prevention, treatment and support, without discrimination.”

U.S. Secret Service director James Murray announced his retirement from the agency today to take a position as security chief at Snapchat’s parent company, Snap. Former president Trump appointed Murray to the head of the Secret Service in May 2019. Questions about the loyalties of certain Secret Service agents have swirled since January 6, but the White House said the resignation was not connected to the recent testimony of Cassidy Hutchinson, aide to Trump’s chief of staff Mark Meadows, who mentioned hearing of a physical altercation between Trump and an agent after Trump spoke at the Ellipse on January 6.

In the U.K. today, Prime Minister Boris Johnson stepped down as head of the Conservative Party after dozens of officials in his government resigned over repeated scandals. He says he will step down as prime minister when the party chooses his replacement, likely this fall. Party leaders may force him out sooner. In a statement, Biden said that “the special relationship between our people remains strong and enduring…. I look forward to continuing our close cooperation with the government of the United Kingdom, as well as our Allies and partners around the world, on a range of important priorities. That includes maintaining a strong and united approach to supporting the people of Ukraine as they defend themselves against Putin’s brutal war on their democracy, and holding Russia accountable for its actions."

Tonight, former Japanese prime minister Shinzo Abe was shot in the chest while he was giving a campaign speech in the city of Nara. His condition is critical. Police have arrested a male suspect in the shooting. Washington Post Tokyo/Seoul bureau chief Michele Ye Hee Lee tweeted: “Can’t overstate how shocking this shooting is—not only because Abe is very popular and prominent, but also because gun violence is extremely rare incident in Japan, a country with some of the world’s strictest gun laws.”

President of the European Council Charles Michel tweeted that Abe is “a true friend, fierce defender of multilateral order & democratic values.” He promised that the European Union stands with Japan and Prime Minister Fumio Kishida.

Finally, former president Jimmy Carter and Rosalynn Carter celebrated their 76th wedding anniversary today. Theirs is the longest presidential marriage in our history. They were married in Plains, Georgia, on this date in 1946.

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Put the CEO in jail until they comply. Let’s see how quickly they find those documents, then!

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coincidentally, the title of his new book is “how to resign without actually resigning.” subtitled: “if someone resigns in a forest and there’s no one around did they really resign, what is responsibility really, and other stories.”

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July 8, 2022 (Friday)

Today, President Joe Biden signed an executive order to protect access to reproductive health care services two weeks after the Supreme Court overturned the 1973 Roe v. Wade decision. For almost 50 years, that decision protected the constitutional right of women to make health care decisions without the interference of the state. Without that protection, the president noted, states across the country have outlawed abortion, threatening the lives and health, as well as the economic security, of women across the country, especially women of color, poor women, and rural women.

Both the president and the Department of Justice have come out strongly for legislation to protect reproductive rights, saying that the government should not interfere in such a personal decision. Until the Democrats have enough senators to break a Republican filibuster in the Senate, though, Republicans will prevent any such measure from passing. In the meantime, Biden says he will use the power of the executive branch to protect women’s constitutional rights.

The executive order requires the Department of Health and Human Services to protect and expand access to abortion medication that the Food and Drug Administration approved more than 20 years ago. It will try to ensure that all patients have access to emergency medical treatment and to birth control. It will work to inform people about their right to reproductive health services, and convene volunteer lawyers to protect the rights of pregnant patients to travel from one state to another for medical care.

It will protect patient privacy by asking the Federal Trade Commission to fight the exchange of health-related data, including guiding consumers on how to protect their health care data on mobile apps.

It will protect those seeking access to doctors and clinics and will provide an additional $3 million in funding for them. It will provide leave for federal workers who need to travel for health care, and will continue to provide health care for military families and Department of Defense workers.

Today was a fitting day for Biden’s executive order, since tomorrow is the anniversary of the day in 1868 that Americans changed the U.S. Constitution for the fourteenth time, giving the federal government power to guarantee that state governments could not pass laws that treated some people worse than others.

The background to this constitutional amendment was that in the wake of the Civil War, former Confederates in the southern states had done their best to force their Black neighbors back into subservience. Through a series of laws known collectively as the “Black Codes,” state legislators in summer 1865 regulated how Black Americans worked, lived, worshiped, and conducted themselves, without any recourse to the law for protection when they were robbed, assaulted, raped, and killed.

But there was no way northern members of Congress were going to permit southern lawmakers, who only months before had been shooting at U.S. soldiers, to discriminate against the very men who had fought to save the United States.

Their solution was the Fourteenth Amendment.

The amendment overturned the infamous 1857 Dred Scott decision that, in addition to declaring that Black men were not citizens and did not have the rights of citizens, declared that democracy was created at the state level by those people in a state who were allowed to vote. In 1857, this meant white men, almost exclusively. If those people voted to do something widely unpopular—like adopting human enslavement, for example—they had the right to do so. People like Abraham Lincoln pointed out that such state power would eventually mean that an unpopular minority could take over the national government, forcing their ideas on everyone else, but defenders of states’ rights stood firm.

And so, the Fourteenth Amendment gave the federal government the power to protect individuals even if their state legislatures had passed discriminatory laws. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,” it said. And then it went on to say that “Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

But the amendment had to be ratified. In the midterm elections of 1866, the driving issue was the election of state legislators who would either pass or reject the Fourteenth Amendment. President Andrew Johnson, who had stepped into the presidency when an actor had murdered President Abraham Lincoln the year before, stood against the amendment and backed throwing power to the state legislatures. His support gave southern terrorists the confidence to attack formerly enslaved people not only in private, but also in deadly public riots that killed as many as 1000 people before the election.

For their part, the Republicans who wanted federal protection of equal rights also turned to the people, but appealed to voters’ commitment to the principle of equality before the law. Senator James G. Blaine, Republican of Maine, later recalled, “The one…point…echoed and re-echoed by every speaker…was the adoption of the Fourteenth Amendment. It was evidently the unalterable determination of the Republicans to make that the leading feature of the campaign…to urge it though the press, to present it on the stump, to proclaim it through every authorized exponent of public opinion.”

Voters sided with the Republicans and the Fourteenth Amendment by a landslide against Johnson and the Black Codes. The Republicans won 143 representatives to Congress to the Democrats’ 49. The Republicans maintained similar control over the state houses.

“The importance…of the political struggle of 1866 cannot be overestimated,” Blaine recalled. “If the contest had ended [differently] the history of the subsequent years would…have been radically different. There would have been no further amendment to the Constitution,” and southern legislators would “sustain all the State laws already passed for the practical re-enslavement” of Black Americans, “with such additional enactments as would have made them cruelly effective…. [T]he result must have been a deplorable degradation of the National character and an ignoble surrender to the enemies of the Union,” who would then direct the government.

The state legislatures ratified the Fourteenth Amendment and added it to the Constitution in 1868, and in 1870 the federal government set out to enforce national equality before the law with the creation of the Department of Justice, whose first job was to bring down the Ku Klux Klan terrorists in the South who were assaulting and murdering their Black neighbors.

In the post–World War II era, the federal government again used the Fourteenth Amendment to protect citizens against discrimination at the state level when the Supreme Court began to use the equal protection clause and the due process clause of the Fourteenth Amendment aggressively to apply the protections in the Bill of Rights to the states. The civil rights decisions of the 1950s, 1960s, and 1970s, including the 1954 Brown v. Board of Education decision that outlawed segregation in public schools and the 1973 Roe v. Wade decision, come from this doctrine. Under it, the federal government took up the mantle of protecting the rights of individual Americans in the states from the whims of state legislatures.

Opponents of these new civil rights protections quickly began to object that such decisions were “legislating from the bench,” rather than permitting state legislatures to make their own laws. They began to call for “originalism,” the idea that the Constitution should be interpreted only as the Framers had intended when they wrote it, an argument that focused on the creation of law at the state level. That theory is now dominant in the Supreme Court. Two weeks ago, on June 24, 2022, it rejected the federal government’s power to protect civil rights in the states, and more than a dozen state legislatures have rushed to outlaw abortion procedures.

Today, Biden reached for the power embodied by the Fourteenth Amendment for the federal government to overrule state laws discriminating against citizens within their borders. But he also echoed the electoral fight to put that amendment in place when he told Americans: “We need two additional pro-choice senators and a pro-choice House to codify Roe as federal law. Your vote can make that a reality. I know it’s frustrating, and it made a lot of people very angry. But the truth is this… [The] women of America can determine the outcome of this issue."

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July 9, 2022 (Saturday)

I started this clear but somewhat chilly summer day reading a young adult novel on a sunny corner of the porch with my coffee, pitted about a gazillion cherries for pies, worked for a few hours on the new book, and then my sister and I kayaked up the Sound until we almost got eaten by a giant blue whale… or–depending on your version of events, and mine most definitely involves the mythic blue whale-- we saw from a distance quite a large fish rising as it chased a school of mackerel. And then we paddled home for pizza as the sun set.

And now, to make the day perfect, I’m going to go to bed and sleep for a week, and so will leave you with another of Buddy’s sunrises, taken when he’s hitting the office, just about the time I’m hitting the bed.

I’ll see you tomorrow.

[Photo by Buddy Poland.]

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July 10, 2022 (Sunday)

With the recent Supreme Court decisions gutting federal enforcement of civil rights and business regulation and the public hearings of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, economic news has been pushed out of the center of public conversation. That’s a shame for two reasons.

First, Democratic president Joe Biden appears to be centering his presidency around the idea of rebuilding the middle class through government investment in ordinary Americans. This is a major shift—a sea change—from the past 40 years of Republican policy saying that the economy would prosper if only the government slashed taxes and regulation, leaving more money and power in the hands of business leaders, those “makers” who would invest in new industries and provide more jobs. Watching the effect of his policies is a window into what works and what doesn’t.

Second, the Republicans are counting on anger over inflation, shortages, and gas prices to win control over the House of Representatives and the Senate in the fall elections. It’s worth paying attention to what’s really going on with those issues, as well as to what policies the Democrats and the Republicans are putting on the table to address them.

On the first point: Biden has focused on rebuilding the American middle class that has been so terribly hollowed out in the past 40 years. While he appears to be driven by his belief in the dignity of all Americans and their right to be able to make ends meet with a decent job, historians will tell you that in the U.S., race and gender tensions are significantly lower when income and wealth are more evenly distributed than when a few people at the top of the economic ladder control most of the nation’s capital. The rise of lynching in the U.S. in the late 1880s, just as trusts came to monopolize the economy, was not a coincidence.

The Republican economic promise since Reagan has been that cutting regulation and taxes would create a healthy economy in which everyone who is willing to work can thrive. But political commentator Thom Hartmann marshaled the statistics in a crystal clear Twitter thread a week ago, revealing just how badly that argument has failed.

Hartmann noted that after World War II, “the nation had hummed along for 40 years on a top income tax bracket of 91% and a corporate income tax that topped out around 50%.” Business was growing faster than at any other previous time, and businessmen stayed out of politics. The country had great public schools, research laboratories, trade schools, airports, interstate highways, and small businesses, as well as unions that protected America’s workers.

The election of Ronald Reagan meant radical tax cuts (from a top marginal rate of 74% in 1980 to the 27% it is today), business deregulation, and the gutting of social safety nets. Forty-two years later, Hartmann notes, more than $50 trillion has been transferred from the bottom 90% to the top 1%. In 1980, 60% of us were in the middle class; now fewer than half of us are. Republicans promised that permitting business concentration would lead to innovation and opportunity; instead, we have seen an end to competition, along with price gouging and profiteering from the giant companies that choke out small business. Stock buybacks were supposed to mean that senior executives would care more about the future of their companies, but instead they have become a means for them to pocket cash.

Since the beginning of his term, Biden has tried to take on the concentration of wealth and power among a few elites. Biden’s investment in the U.S. economy through the American Rescue Plan and the bipartisan infrastructure bill has produced significant results. On Friday, the Bureau of Labor Statistics released the nonfarm job numbers for June, which show that employment continues to rise. The economy added 372,000 jobs in June, mostly in “professional and business services, leisure and hospitality, and health care.” We are still 524,000 jobs down from February 2020, before the pandemic. Unemployment remains at 3.6%, with about 5.9 million folks unemployed.

There were some interesting trends in the data. There are 880,000 more jobs in business, computer design, administration, and research than there were in February 2020. There are 260,000 more jobs in outpatient health care now than in February 2020, but hospitals have lost 57,000 workers, and nursing and residential care have lost 379,000. Leisure and hospitality—restaurants, for example—have lost a whopping 1.3 million jobs, or 7.8% of their workers, since February 2020 (although the sector is growing again).

But look at this: transportation and warehousing have grown fast, with 759,000 more jobs than in February 2020. Manufacturing is back to where it was in February 2020, suggesting that President Joe Biden’s emphasis on repairing supply chains is paying off.

And in the past year, wages have gone up 5.1%. That, along with increased pressure for unionization, suggests workers have more power than they did before the pandemic.

This data suggests that people are moving away from work in restaurants, leisure, and nursing—all professions hit terribly hard during the pandemic—and toward transportation and office work. The increase in wages reflects more bargaining power on the part of employees. All of this is hardly rocket science, I know, but it does suggest that the economy is reorganizing at least temporarily into new forms since the pandemic.

This is of interest as we try to figure out what’s going on with inflation, which is currently afflicting not just the U.S. but the rest of the world as well. That story tells us something about the success of the Republican program Hartmann identified.

One of the reasons for inflation has been the concentration of corporate power since the 1980s. A June report by three economists for the Federal Reserve Bank of Boston noted that “[t]he US economy is at least 50 percent more concentrated today than it was in 2005,” and that such concentration amplifies the degree to which companies pass price hikes onto consumers as businesses overcompensate for rising production costs. In the oil industry, the report notes, as prices have spiked, companies have posted jaw-dropping profits.

The price of gasoline has been coming down from its crazy high for the past 25 days. In the past two weeks, the average price of gas has dropped 19 cents a gallon, and as the price of crude oil continues to fall, consumers can expect to see prices continue to fall as well, although they fall more slowly than they rise in a phenomenon researchers call “rocket and feathers.” That term refers to the fact that gas prices go up like a rocket along with the cost of crude oil but fall more slowly as the cost of crude oil comes down, in part because consumers are so happy to see any relief at the pump that they don’t shop around to drive prices lower.

One of the reasons for the crazy highs is speculation by largely unregulated energy traders that creates massive volatility in prices. Lack of regulation is in the news today in another industry, too, as journalists from media organizations including the Guardian, the International Consortium of Investigative Journalists, and the Washington Post revealed how Uber evaded regulators by using a “kill switch” that shut down regulators’ access to the files they needed to monitor the company.

There is a coming showdown between the Democrats’ approach to the economy and the old Republican approach. Biden and the Democrats are trying to pass a $52 billion U.S. Innovation and Competition Act (USICA) that would invest in U.S. science and technology to boost American industry, support research, and fund the manufacture of semiconductor chips to free the U.S. from relying on Chinese products. But Senate minority leader Mitch McConnell (R-KY) has vowed to kill the measure unless the Democrats back off on a budget package that would fund Medicare by placing a 3.8% tax on income “pass throughs” taken by individuals making more than $400,000 a year and would allow Medicare to negotiate drug prices, significantly lowering costs to consumers.

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July 11, 2022 (Monday)

Tomorrow’s public hearing of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, beginning at 1:00 p.m. ET, will be managed by Representatives Jamie Raskin (D-MD) and Stephanie Murphy (D-FL). It will focus on domestic violent extremists, members of Congress who joined Trump’s pressure campaign on legislators to overturn the election, and Trump’s activity focusing on January 6 itself.

That activity includes the infamous tweet of December 19, 2020, in which Trump announced: “Big protest in D.C. on January 6th. Be there, will be wild!” According to The Guardian’s Hugo Lowell, investigators will demonstrate that the Oath Keepers and Proud Boys, as well as other activists, interpreted Trump’s tweet as a signal to come to Washington for the counting of the certified ballots on January 6.

The tweet came the day after a White House meeting in which Trump allies, including former national security advisor Michael Flynn and Trump lawyer Sidney Powell, urged then-president Trump to seize voting machines and make Powell a special counsel to look into alleged voter fraud. Instead, Trump focused on January 6 and called supporters to the city. By December 20, Proud Boys leaders and Oath Keepers made plans for military training and stockpiling weapons. Activists applied for a permit in Washington to protest.

As we gear up for tomorrow’s public hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, there are more stories about the days surrounding that event.

Last Friday, July 8, Trump’s White House counsel Pat Cipollone testified before the committee for more than 8 hours under oath, privately but on video. According to Zoe Lofgren (D-CA), who is a member of the committee, Cipollone did not contradict anything that Cassidy Hutchinson, aide to White House chief of staff Mark Meadows, said in her explosive testimony. Those who have suggested they disagree with that testimony have not, so far, testified under oath. Lofgren also suggested that Cipollone had given the committee new information that it would produce for the public later in a later hearing.

Also on Friday, a Justice Department court filing revealed that the Oath Keepers had extensive plans for violence in the days surrounding January 6. Prosecutors say that at least three chapters of the gang held military training camps focusing on “military-style basic” training, “unconventional warfare,” and “hasty ambushes.” At least one of the Oath Keepers brought explosives, including grenades, to the quick reaction force (QRF) site outside Washington, D.C. One of the gang, Thomas Caldwell, had a “DEATH LIST” that included the name of a Georgia election official and that person’s family member, both of whom had been falsely targeted as part of alleged voter fraud. (Caldwell told CNN that it was a “100% false and disgusting lie” that he “sought to assassinate election workers.”)

Nine of the Oath Keepers have been charged with seditious conspiracy. At least seven of the gang’s members, three of whom pleaded guilty to seditious conspiracy and who were close to those under indictment, are cooperating with the government.

On Saturday, Trump confidant Steve Bannon, who is facing a trial for contempt of Congress on July 18, says he is now willing to testify before the committee. To add drama to that statement, former president Trump made a statement waiving the executive privilege Bannon has cited in his refusal to cooperate. This was pure theater: Trump no longer exercises executive privilege—President Joe Biden does—and since Bannon wasn’t an employee, he couldn’t have been covered anyway. Nonetheless, some media outlets fell for it and repeated it breathlessly, as if we might now hear honest testimony from Bannon.

Not happening.

Bannon’s “offer” to testify seemed clearly to be an attempt to muddy the increasingly clear waters of the committee’s hearings. In the first impeachment hearings, Representatives Jim Jordan (R-OH) and John Ratcliffe (R-TX) used their positions to shout and badger witnesses and to create sound bites for right-wing media that put forward a completely misleading narrative of what the hearings were actually showing. As Josh Kovensky of Talking Points Memo pointed out today, Trump has complained bitterly that his people are unable to get their own narrative out, even as evidence against the president and his allies coming from his own inner circle is painting a damning picture of an attempt to overturn our democracy.

Public “testimony” would enable loyalists like Bannon to “flood the zone with sh*t,” as he has called his method of disinformation. Not only Bannon, but also the leader of the Oath Keepers, Stewart Rhodes, has offered to “testify.” So, too, has Representative Mo Brooks (R-AL). In each case, though, the men have tried to put limits on what they will talk about and the conditions under which they will talk, revealing both an attempt to demonstrate that they still have power to make demands (they don’t) and that they are not making good faith offers. Rhodes’s lawyer told Politico: “He wants to confront them.”

As CBS News congressional correspondent Scott MacFarlane tweeted, their determination to skew the narrative also undermines the argument that no one is paying attention to the hearings.

Today, the Department of Justice pulled the rug out from under the whole scene when it filed a document revealing that Trump’s attorney, Justin Clark, had confirmed to the department on June 29 that Trump had never made an attempt to invoke executive privilege over Bannon’s testimony or documents. After a long litany of Bannon’s antics, the department said that “[a]ll of the above-described circumstances suggest the Defendant’s sudden wish to testify is not a genuine effort to meet his obligations but a last-ditch attempt to avoid accountability.”

Bannon’s moves lately were almost certainly designed to delay his trial for contempt of Congress, due to start next Monday. He vowed to make the case the “misdemeanor from hell,” for the Justice Department, and he tried to subpoena House Speaker Nancy Pelosi and members of the January 6 committee. Bannon’s lawyers were in court today to try to postpone his trial for three months. U.S. District Judge Carl Nichols, who was appointed by Trump, ruled against Bannon across the board. “It seems clear that Mr. Bannon’s trying to turn this into a circus that cannot be allowed,” House counsel Douglas Letter said, and the judge apparently agreed. Bannon’s trial will begin as scheduled.

Bannon is not the only one who has wanted to avoid legal procedures. A grand jury in Fulton County, Georgia, has subpoenaed Senator Lindsey Graham (R-SC) and seven other witnesses to testify about the attempt to overturn the 2020 election in Georgia. Graham allegedly made at least two phone calls to Georgia secretary of state Brad Raffensperger asking him to find votes for Trump. Graham vowed to fight the subpoena. Today, Fulton County Superior Judge Robert McBurney ordered him to testify, saying he was a “necessary witness” to the investigation. He is supposed to testify on August 2 but will continue to battle the order.

And today, news broke that Cushman & Wakefield, the company that appraised some of Trump’s New York properties, has struck a deal with New York attorney general Letitia James, who has subpoenaed documents in her investigation of the Trump organization. The company will hand over “priority” overdue documents by midnight Monday and has until July 20 to deliver more of the documents James wants. If they do so, both sides will ask the judge to get rid of the $10,000-a-day fine the company incurred by missing past deadlines.

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July 12, 2022 (Tuesday)

Today the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol held its seventh public hearing. This one focused on how former president Trump summoned right-wing extremists to Washington, D.C., on January 6, 2021, in a last ditch effort to overturn the 2020 election.

Committee members reiterated that Trump’s advisors had told him repeatedly that there was no evidence for his claims that the election had been corrupt. Again and again, White House officials demanded of Trump’s allies that they produce evidence of their accusations of fraud, and they never produced anything, choosing instead to attack those demanding evidence as disloyal to Trump. There is no doubt that Trump knew quite well there had been no fraud that would have changed the outcome of the election, and that he was lying when he continued to insist the election had been stolen.

Representative Liz Cheney (R-WY), the committee’s co-chair, began the hearing by noting that there had been a change recently in those defending Trump’s actions as it has been established that Trump’s advisors had made it clear to him the election was not stolen. From arguing that he didn’t know the election was fair, they have switched to suggesting that he was misled by bad actors like John Eastman, who articulated the plan to have Vice President Mike Pence refuse to count certain of Biden’s electors, or Trump lawyer Sidney Powell.

But, Cheney said in words carefully calculated to infuriate the former president: “This is nonsense. Trump is a 76-year-old man. He is not an impressionable child. Just like everyone else in this country, he is responsible for his own actions…. [He] [c]annot escape responsibility by being willfully blind.”

The focus in today’s hearing was on Trump’s actions between December 14, when the Electoral College met in all 50 states and in the District of Columbia to certify the ballots that elected Democrat Joe Biden, and the morning of January 6, when Trump pointed the rally-goers at the Ellipse toward the U.S. Capitol.

With the electoral votes certified for Biden on December 14, even then–Senate majority leader Mitch McConnell congratulated Biden publicly on his election, and numerous White House officials, including White House counsel Pat Cipollone, Attorney General Bill Barr, White House chief of staff Mark Meadows, and White House press secretary Kayleigh McEnany, either urged Trump to concede or began looking for new jobs on the assumption the White House would change hands on January 20.

But Trump and his allies looked to January 6, when those electoral votes would be counted, as the last inflection point at which they might be able to overturn the election.

On December 18, 2020, four days after the electors met, Trump’s outside advisors, including lawyers Rudy Giuliani and Sidney Powell, former national security advisor Michael Flynn, and Patrick Byrne, former chief executive officer of Overstock, got access to the White House through a junior staffer and met with Trump. They brought an executive order that had been drafted on December 15, the day after the electors had certified the votes for Biden. It called for Trump to order the Defense Department to seize state voting machines, and it appointed Powell as special counsel to investigate voter fraud, giving her broad powers. They wanted Trump to implement it.

Cipollone got wind of the meeting and crashed it about 15 minutes in. Over the next six hours, White House officials and the Trump team members who insisted the election was stolen faced off, exchanging personal insults, accusations of disloyalty to the president, even challenges to fight physically. Cipollone, White House lawyer Eric Herschmann, and their team demanded evidence to support the theories Trump’s outside team insisted were true. In turn, the outside team repeated conspiracy theories and accused the others of being wimps: Powell told the committee the White House team all should have been fired, and Giuliani told the committee he told them all they were “a bunch of p*ssies.”

In the end, Trump was convinced not to follow the direction of the outside advisors. But he didn’t take the advice of those officials telling him to concede, either. Instead, shortly after the meeting broke up, Meadows walked Giuliani out of the White House to make sure he didn’t sneak back into Trump’s company. Then, at 1:42 on the morning of December 19, Trump reiterated to followers that the election had been stolen and that there was no statistical way that he could have lost.

Then he typed the words: “Big protest in D.C. on January 6. Be there, will be wild!”

Immediately, his most loyal supporters recognized this tweet as a call for armed resistance. “Trump just told us all to come armed,” one tweeted. “F*cking A, this is happening.”

Far-right media, including Alex Jones of InfoWars, amplified Trump’s tweet with calls to violence. The committee introduced testimony from a former Twitter moderator who said: “We had not seen that sort of direct communication before” in which Trump was speaking directly to supporters and inciting them to fight. After the December 19 tweet, it was clear, the person said, “not only were these individuals ready and willing, but the leader of their cause was asking them to join him in this cause and in fighting for this cause in DC on January 6 as well.”

Supporters wrote comments like: “Why don’t we just kill them? Every last democrat, down to the last man, woman, and child?” and, making the link between Trump’s determination to stay in office and white supremacy: “It’s time for the DAY OF THE ROPE! WHITE REVOLUTION IS THE ONLY SOLUTION!”

As Trump continued to post about January 6 on Twitter and continued to insist he had won the election, militias, white supremacists, and conspiracy theorists began to work together to coordinate an attack on the Capitol. The Proud Boys and the Oath Keepers, along with other extremists groups, worked with Trump allies to plan the attack. Those allies included Michael Flynn and Patrick Byrne.

Another ally was Trump confidant Roger Stone, who talked both to the Proud Boys and the Oath Keepers “regularly.” The committee got access to an encrypted chat of the “Friends of Stone,” or “FOS,” including Stone, Oath Keepers leader Stewart Rhodes, Proud Boys leader Enrique Tarrio and agitator Ali Alexander. Kelly Meggs, the leader of the Florida Oath Keepers, spoke directly with Stone about security on January 5 and 6. Stone was guarded on January 6 by two Oath Keepers who have been indicted for seditious conspiracy.

Stone was also close enough to the Proud Boys to have “taken their so-called fraternity creed required for the first level of initiation to the group.” The clip of that oath shows him saying: “Hi, I’m Roger Stone. I’m a Western chauvinist, and I refuse to apologize for creating the modern world.”

The committee made it clear that Trump deliberately created the crisis on January 6. Katrina Pierson, organizer of the Ellipse rally, was so worried about Stone, Jones, and Alexander as speakers at the rally, that she talked to Meadows on January 2 about them, warning a fellow organizer that Trump “likes the crazies.” On that same day, Meadows warned his assistant Cassidy Hutchinson that things could get “real, real bad” on January 6.

The committee produced evidence from a number of emails and tweets from Trump and other organizers saying that after the rally, Trump would urge attendees to march to the Capitol, undercutting the argument that the move was spontaneous. In fact, it was long planned.

The committee also introduced evidence that the White House coordinated with members of Congress to encourage the Big Lie and to fight the election results. Representative Mo Brooks (R-AL) set up a meeting between members of Congress (and one member-elect) on December 21, with the subject line: “White House meeting December 21 regarding January 6.” That meeting included Trump, Pence, Meadows, Giuliani, and ten representatives: Brian Babin (R-TX), Andy Biggs (R-AZ), Matt Gaetz (R-FL), Louie Gohmert (R-TX), Paul Gosar (R-AZ), Andy Harris (R-MD), Jody Hice (R-GA), Jim Jordan (R-OH), Scott Perry (R-PA), and recently elected Marjorie Taylor Greene (R-GA).

This sheds light on Trump’s comment to officials from the Department of Justice in which he asked them just to say the election was corrupt and leave the rest up to him and the Republican congress members. A number of those involved in the meeting later asked for presidential pardons.

Some in Trump’s inner circle were excited about what was to come. Phone logs show Trump spoke to confidant Steve Bannon at least twice on January 5. After the first call, Bannon said on his podcast that “all hell is going to break loose tomorrow.” “It’s all converging and now we’re on…the point of attack.” “I’ll tell you this: it’s not going to happen like you think it’s going to happen…. It’s going to be quite extraordinarily different and all I can say is strap in.”

That night, as supporters gathered at Freedom Plaza to hear the extremist speakers who had been excluded from the event of January 6, including Roger Stone, Michael Flynn, Alex Jones, and Ali Alexander, Trump was in a notably good mood for the first time in weeks. Stone told the crowd it was in an “epic struggle for the future of this country between dark and light, between the godly and the godless, between good and evil. And we will win this fight or America will step off into a thousand years of darkness.”

In his speech the next day at the Ellipse, Trump insisted on inserting attacks on Pence and urging his supporters to “fight like hell [or] you’re not going to have a country anymore.” That rhetoric, former Trump campaign manager Brad Parscale told Pierson, had caused people to die.

Today’s hearing ended with the testimony of former Oath Keepers social media manager Jason Van Tatenhove, who warned that the Oath Keepers are a danger to the country, and a Trump supporter, Stephen Ayers, who was not affiliated with any right-wing groups but who stormed the Capitol after Trump told him to. Both of them blamed themselves for being misled by Trump and extremism. Van Tatenhove warned that the danger is ongoing.

As if on cue, Cheney dropped the information that since the last hearing, Trump has tried to reach a witness with a personal phone call. The witness avoided the call and contacted a lawyer instead. This attempt smacks of desperation on Trump’s part, as well of isolation: no one would do the dirty job of intimidating a witness for him. The committee sent the information about this attempt, which involves someone the public has not yet seen testify, to the Department of Justice.

More and more, witnesses seem to be siding with transparency and the committee rather than with Trump. Today, Dan Friedman of Mother Jones published a tape of Bannon on October 31, 2020, laughing as he explains to a private audience that Trump will “win” in 2020 simply by declaring he won, even if he didn’t.

Trump knew that Democratic mail in ballots would show up in the vote totals later than Republican votes cast on election day, “[a]nd Trump’s going to take advantage of it,” Bannon said. “That’s our strategy. He’s gonna declare himself a winner…. So when you wake up Wednesday morning, it’s going to be a firestorm,” he said. “You’re going to have antifa, crazy. The media, crazy. The courts are crazy. And Trump’s gonna be sitting there mocking, tweeting sh*t out: ‘You lose. I’m the winner. I’m the king.'”

And, Bannon continued: “Here’s the thing. After then, Trump never has to go to a voter again…. He’s gonna say ‘F*ck you. How about that?’ Because…he’s done his last election. Oh, he’s going to be off the chain—he’s gonna be crazy.”

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Remind me why Bannon isn’t in jail right now!?!

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July 13, 2022 (Wednesday)

There are some follow-up stories today from yesterday’s public hearing of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol.

Patrick Byrne, the former chief executive officer of Overstock, who was mentioned in the hearing yesterday as having attended the December 18 meeting in which lawyer Sidney Powell and former national security adviser Michael Flynn called for Trump to seize voting machines, will talk with the committee on Friday.

Byrne ran Overstock for twenty years before having to resign in 2019 after admitting to an affair with Maria Butina, an apparent guns rights activist from Russia who ingratiated herself with Republican politicians and who later pleaded guilty to one count of conspiracy to act as a Russian agent without registering with the Department of Justice. She now sits in the Russian parliament, or Duma, which critics say is a reward from the Kremlin.

Byrne has trafficked in conspiracy theories, and after the 2020 election, he became increasingly convinced that Trump was right when he claimed to have been cheated of victory.

Former White House director of strategic communications Alyssa Farah Griffin, who now works for CNN, told CNN today that when she told Trump’s White House chief of staff Mark Meadows that she was resigning after the election to move on as Trump’s term ended, Meadows said to her: “What if I could tell you that we’re actually going to be staying?”

In a different story, CNN reported that the recipient of the phone call Representative Liz Cheney (R-WY) called attention to yesterday from Trump to a witness was a White House support staff member who could corroborate the testimony provided by Meadows’s aide Cassidy Hutchinson. This person didn’t usually communicate with Trump and was concerned about the call.

Senator Lindsey Graham (R-SC) continues to fight his subpoena from a grand jury in Fulton County, Georgia, that wants to hear from him about at least two phone calls he made to Georgia secretary of state Brad Raffensperger to talk about the 2020 election. As of tonight, a judge has stayed the subpoena and on July 20 will hear arguments on whether to reject it.

The editorial board of the Charleston, South Carolina, Post and Courier today ran an editorial titled: “Just testify, Sen[ator] Graham.” It says Graham’s claim that the calls were about election procedures “never made sense.” Now his lawyers say that he was talking about elections to do his job as the chair of the U.S. Judiciary Committee—a top-ranking committee, by the way—which makes even less sense. The board says it doesn’t think Graham did anything illegal, but asserted that it is the duty of every U.S. citizen to “comply with a subpoena to testify.”

“We expect and deserve better from our senator,” it concluded.

And that’s just it, isn’t it? We are hearing now, 18 months after the fact, that our president tried to overturn our democracy, forcing his own will onto unwilling voters. And, at the time, no one in the White House said anything to the public or to our law enforcement officials to stop this deadly attack.

Worse, it appears that a number of our lawmakers were complicit in the attempt to overturn our democracy. The committee has named at least ten representatives who conspired with the president, and another, Representative Barry Loudermilk (R-GA), who gave a tour through the Capitol complex on January 5, but there have been hints that others knew something was up as well, and that some might have been helping with the scheme.

There is still the question of which senators and representatives saw a presentation of the 38-page PowerPoint titled “Election Fraud, Foreign Interference & Options for 6 JAN,” referred to by the committee in mid-December 2021. That anyone went to the trouble of making a 38-page PowerPoint suggests they expected a decent-sized audience.

Cassidy Hutchinson, who was a top aide to Trump’s chief of staff Mark Meadows, testified that House minority leader Kevin McCarthy called her, angry, when he thought Trump was going to go to the Capitol.

“‘[T]he president just said he’s marching to the Capitol,” McCarthy allegedly told Hutchinson. “You told me this whole week you aren’t coming up here, why would you lie to me?’”

Why had McCarthy been hearing for a week about Trump’s plans with regard to the Capitol?

On January 5, Senator Charles Grassley (R-IA), who was the president pro tempore of the Senate, the second highest-ranking person in the Senate after the vice president, told reporters about the next day: “Well, first of all, I will be—if the Vice President isn’t there and we don’t expect him to be there, I will be presiding over the Senate.” His office immediately clarified that Grassley meant only that he would preside over counting of the Electoral Votes only if Vice President Mike Pence “had to step away during Wednesday’s proceedings,” and that “‘[e]very indication we have is that the vice president will be there.” But considering everything we know now about the plans to get Pence out of the way, Grassley’s comment continues to bother me.

The silence from Republicans over what we have been hearing from the January 6th committee is deafening.

It is impossible to avoid the conclusion that they were willing to permit Trump to overturn the will of the voters—to overturn our democratic form of government—if it meant they could retain power.

We ignore this willingness to destroy our democracy at our peril.

Two days ago, a spokesperson for Hungarian prime minister Viktor Orbán announced that the Conservative Political Action Conference has invited Orbán to give an opening address at their gathering in Dallas, Texas, next month. Trump, who has endorsed Orbán in his recent election, will also be speaking.

America’s self-styled “conservatives” have gotten increasingly close to Orbán, thanks in part to the enthusiasm of Fox News Channel host Tucker Carlson for the Hungarian leader. This spring, Carlson broadcast his show from Hungary, which, with fewer than 10 million people, is about the size of Michigan. (It always strikes me as exceedingly odd that the same people who claim to champion America are using this small central European country as a model for the United States.) In April, CPAC met in Hungary, where Orbán gave a long address.

Orbán has eroded democracy in his country, replacing it with what he calls “illiberal democracy,” or “Christian democracy.” His country still holds nominal elections, but their outcome is preordained because the government controls all the media and has silenced opposition. Illiberal democracy rejects modern liberal democracy because the equality it champions means an acceptance of immigrants, LGBTQ rights, and women’s rights and an end to traditionally patriarchal society. Orbán’s model of minority rule promises a return to a white-dominated, religiously based society, and he has pushed his vision by eliminating the independent press, cracking down on political opposition, getting rid of the rule of law, and dominating the economy with a group of crony oligarchs.

When he spoke at CPAC in April, Orbán told the attendees that the right wing in Europe and the United States must fight together to “reconquer” institutions in Brussels and Washington, D.C., before the 2024 election because those “liberals” who currently control them are destroying western civilization.

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And this is exactly why the fascists are holding this country up as a model for what the US could be. And they are terrifyingly close to making that nightmare into a reality. Only if we can gat sufficient voter enthusiasm (something the current iteration of the Dems seems hell-bent to stomp out) to overcome the voter suppression maneuvers of the right do we stand a chance. As i have said before, at this point it is a predator-prey situation. The predator can lose a whole lot of races, the prey can only lose once.

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It would also be very helpful to get corporations on board. They donate funds and support pols in the GOP/GQP who are now turning from pro-business to controlling legislation that will hit business owners where it hurts them most - in the wallet. It’s one thing to lie, cheat, and steal while getting constituents to vote against their own interests, and another ballgame to get companies to follow suit.

If the majority here are driven into poverty or flee due to repressive policies, companies won’t have enough customers to stay in business. Do those firms want to move overseas and try their luck there because the only businesses that consistently profit here are prisons, utility companies, and the housing sector? I doubt it. They need to get the message that caving to the demands of the vocal minority will be disastrous for their bottom line.

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Agreed, but it’s so difficult to get big business to do what’s right even when it’s what’s right for them.

Look at unionization. Companies with unions outperform companies who block unionization. It’s not even close. But so many executives and boards fight tooth and nail to prevent unionization. They are willing to accept harm to their own company and limit it’s success in order to keep unions out. It’s not good business - it’s personal philosophy bordering on a cult-y religion.

Same thing with supporting fascists. They all thing they are going to be freed up to finally do business without government regulation, or even have the power of the government backing their every move. They think it’s a cheat code. I guess they skipped the lessons on how corporate execs were used to take over governments by fascists then shot in the street so the fascists could hand the company over to cronies as a reward for loyalty.

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When the end of this quarter is as far as any of them can see, things like that don’t enter into the equation. Corporations won’t save us. We may wind up in the very awkward situation of having to save them.

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Hopefully by making them worker owned!

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July 14, 2022 (Thursday)

Department of Homeland Security Inspector General Joseph Cuffari, a Trump appointee, yesterday sent a surprising letter to the Senate Committee on Homeland Security and its House counterpart. The letter said that the Department of Homeland Security had notified Cuffari’s office that “many U.S. Secret Service (USSS) text messages, from January 5 and 6, 2021, were erased as part of a device-replacement program. The USSS erased those text messages after OIG [Office of Inspector General] requested records of electronic communications from the USSS, as part of our evaluation of events at the Capitol on January 6.” Further, the letter said, DHS personnel had repeatedly refused to produce records without first showing them to attorneys, which had created long delays and confusion over “whether all records had been produced.”

In other words, an inspector general thought the Secret Service had deleted texts from agents on January 5 and 6 after being instructed to produce them. Representative Bennie Thompson (D-MS) chairs both the House Homeland Security committee and the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Cuffari’s letter sent the information about deleted texts directly to the top.

The Secret Service immediately responded that “the insinuation that the Secret Service maliciously deleted text messages following a request is false. In fact, the Secret Service has been fully cooperating with the OIG in every respect—whether it be interviews, documents, emails, or texts.”

But this information raises questions about the role of Secret Service members in the events of January 6. Trump blurred the lines between the Secret Service and the presidency when he appointed Secret Service assistant director Anthony Ornato his deputy chief of staff in December 2019. We know Vice President Mike Pence refused to get into a car driven by a Secret Service agent on January 6, apparently concerned that the driver might not follow his instruction, and that President-elect Biden had to be assigned a new Secret Service team out of concerns that the presidential detail was allied with Trump. And last week, the Trump-appointed director of the Secret Service, James Murray, resigned.

The only good news here for Republicans is that the outrage over these deleted (or lost) texts has distracted from the firestorm over the 10-year-old child from Ohio forced to travel to Indiana for an abortion after being raped. That story, reported by the doctor who performed the abortion, was picked up by national news and by President Joe Biden, who asked people to “imagine being that little girl” in a speech about abortion rights.

Ohio’s attorney general Dave Yost told the Fox News Channel that he doubted the story because he had not heard that there had been any report of a rape, although as journalist Magdi Semrau noted on Twitter, sexual assault, especially sexual assault of a child, is rarely reported. Yost later said “there is not a damn scintilla of evidence” that such a thing happened. Right-wing media immediately began to assert that the story was false, and the Indiana attorney general, Todd Rokita, went further, telling Fox News Channel host Jesse Watters that his office would investigate the doctor who provided abortion care to the child, suggesting she had not filed a report on the case as legally required.

Today, law enforcement officers in Columbus, Ohio, arrested a 27-year-old man who confessed to raping the child. In addition, Politico found the required report filed correctly. A lawyer for the doctor released a statement saying the doctor “took every appropriate and proper action in accordance with the law and both her medical and ethical training as a physician. She followed all relevant policies, procedures, and regulations in this case, just as she does every day to provide the best possible care for her patients. She has not violated any law, including patient privacy laws, and she has not been disciplined by her employer. We are considering legal action against those who have smeared my client.”

When this Supreme Court, packed by former president Trump and the Republican Senators with three new “originalists,” handed down the Dobbs v. Jackson Women’s Health decision on June 24, 2022, many people observed that the dog had caught the car. Republicans have turned out evangelical voters for years with the promise of overturning the 1973 Roe v. Wade decision legalizing abortion nationally, but the truth is that Roe was popular, and legal abortion hid the many terrible events that led to its legalization in the first place. According to one estimate, in the 1960s there were between 200,000 and 1.2 million illegal abortions annually, which created such a public health crisis that doctors set out to decriminalize abortion and keep that medical issue between a woman and her doctor.

Now, right off the bat of the Dobbs decision, Americans have to grapple with precisely the sort of case that dramatically illustrates why people require abortion rights.

In response, some anti-abortion activists have doubled down on the idea that no abortion is acceptable. Lawyer Jim Bopp, who is the general counsel for the National Right to Life Committee, told Megan Messerly and Adam Wren of Politico that under the laws he would like to enact, the 10-year-old victim “would have had the baby, and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child.”

Since few people can stomach the idea of a 10-year-old rape victim forced to bear a child, other anti-abortion activists are suddenly saying that such an abortion is not an abortion at all because it is necessary to save the life of the mother, although many of the new state laws make no such exception. They have also suddenly begun to say that abortion care for an ectopic pregnancy, which is never viable and which poses a deadly threat to the pregnant person, is not an abortion either. In both cases, this is a sudden carve out that is inaccurate: both of these medical procedures are abortion, and both are illegal now in certain states.

President Biden responded to the Dobbs decision with federal rules clarifying that under the Emergency Medical Treatment and Labor Act, doctors in hospitals that use federal money must provide appropriate treatment to patients experiencing ectopic pregnancy, pregnancy loss, or other life-threatening conditions, or transfer them to places that will, “irrespective of any state laws or mandates that apply to specific procedures.”

But Republicans are pushing for even greater restrictions over abortion. Today, Texas attorney general Ken Paxton, who was indicted seven years ago for felony securities fraud but has yet to stand trial, sued the Biden administration over that rule, claiming that it is an “attempt to use federal law to transform every emergency room in this country into a walk-in abortion clinic.”

Meanwhile, Senator James Lankford (R-OK) today blocked an attempt by Senate Democrats to pass a law protecting the right of women to cross state lines to get abortion care. Apparently unaware that one of the key hallmarks of an authoritarian state is its refusal to let citizens cross borders, Lankford indicated he was willing to keep pregnant people from crossing state lines. “Does that child in the womb have the right to travel in their future?” Lankford said. “Do they get to live?”

And although the Supreme Court justified the Dobbs decision with the argument that it would simply send the question of abortion back to the states, a federal abortion ban is already on the table. Representative Mike Kelly (R-PA) has introduced HR 705, the so-called Heartbeat Protection Act, to make abortion illegal everywhere.

Today, when asked if Democrats would compromise over abortion, House Speaker Nancy Pelosi said “We’re not going to negotiate a woman’s right to choose.” She added, “Republicans have sometimes said on the floor that Nancy Pelosi thinks she knows more about having babies than the Pope. Yes I do, and I think any Pope would agree.”

Pelosi has five children.

That the extremism of those now in charge of the Republican Party might convince voters to crush the party in the midterms is evident in today’s responses to that extremism. On the same day that Trump teased the idea that he might announce that he’s running for president in 2024 before the midterms, a group of conservative intellectuals released a document proving with extensive evidence that the 2020 election was not stolen, Trump lost it.

That document, “Lost, Not Stolen,” destroys the Big Lie but does not call for getting rid of the many new state laws based on that lie, laws that seem designed to cement the rule of Republicans in certain states regardless of the will of the majorities in those states. It also doesn’t discuss the independent state legislature doctrine, which would enable state legislatures to name whatever slate of presidential electors they wished, regardless of the will of the voters, a doctrine that would have given Trump a second term and that the Supreme Court has said it will consider.

It appears that old-line conservatives would like to push Trump offstage, but his role in the January 6 insurrection got more attention today when a police officer from Washington, D.C., corroborated the testimony of Cassidy Hutchinson, Trump chief of staff Mark Meadows’s aide, who said she had heard that Trump attacked a Secret Service agent on January 6.

Trump and his children Don Jr. and Ivanka were scheduled to testify under oath tomorrow in New York City in the New York attorney general’s investigation into the Trump Organization’s business practices, but that testimony will be put off because of the death today of Ivana Trump, Trump’s first wife and mother of his three eldest children. Ivana Trump, 73, was found dead at the foot of a stairway. Trump announced her death on his social media network, calling her “a wonderful, beautiful, and amazing woman, who led a great and inspirational life.”

At the bottom of the announcement was a button to donate to Trump’s political action committee.

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July 15, 2022 (Friday)

A late news dump tonight: the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol has subpoenaed from the U.S. Secret Service (USSS) the text messages between agents on January 5 and January 6, 2021, that it learned Wednesday had been deleted. Chair Bennie Thompson (D-MS) told Secret Service director James Murray, who recently announced his upcoming resignation, that the committee wants all the texts by July 19, 2022.

Politico legal affairs reporter Kyle Cheney noted that this is the first time the committee has subpoenaed an agency in the executive branch, at least publicly.

That joins other legal news today.

Trump confidant Steve Bannon tried again today to get his trial for contempt of Congress dismissed, arguing that because the court has refused to let him subpoena members of Congress, he cannot have a fair trial. That trial is due to start Monday.

Fani Willis, the Fulton County, Georgia, prosecutor, today told the chair of the Georgia Republican Party, David Shafer, as well as two state senators, that they could be indicted for their participation in the attempt to overthrow the results of the 2020 election in Georgia.

And the Department of Justice requested that the first defendant from the January 6 insurrection to be convicted at trial, Guy Reffitt, be sentenced to 15 years in prison. This is an upward adjustment of sentencing guidelines because the department is asking the judge to consider Reffitt’s actions as terrorism, since the offense for which he was convicted “was calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.”

Reffitt was a leader of the Texas Three Percenters militia gang, which calls for “rebellion” against the federal government. He came to Washington, D.C., for January 6. He attacked U.S. Capitol Police officers and encouraged others to do so before entering the Capitol armed with a handgun, where he targeted House Speaker Nancy Pelosi (D-CA) and then–Senate majority leader Mitch McConnell (R-KY).

A camera on his helmet recorded Reffitt’s words that day. “I’m taking the Capitol with everybody fcking else,” Reffitt told the people around him. “We’re all going to drag them mtherfckers out kicking and screaming. I don’t give a sht. I just want to see Pelosi’s head hit every fcking stair on the way out. (Inaudible) Fck yeah. And Mitch McConnell too. Fck ‘em all. They fcked us too many gddmn years for too fcking long. It’s time to take our country back. I think everybody’s on the same dmn wavelength. And I think we have the numbers to make it happen…. [W]e’ve got a fcking president. We don’t need much more. We just get rid of them mtherf*ckers and start over.”

Afterward, he boasted, “We took the Capital [sic] of the United States of America and we will do it again.”

Back in Texas, Reffitt deleted a thread of messages between him and another planner—the FBI was able to recover it—and threatened to hurt his teenaged children if they reported him. Reffitt has a history of domestic violence, including threatening his wife with a gun.

The hefty sentence request for Reffitt is likely to convince others implicated in the insurrection to cooperate.

The timing of today’s legal news highlights that the prosecution of those who tried to destroy our government is imperative to uphold the rule of law.

On this date in 1870, Congress voted to readmit Georgia to the United States after the Civil War. So far as the people living through that era thought, this ended Reconstruction, which they conceived of as the reconstruction of the U.S. government.

And that was it. While there were military tribunals for those who had committed war crimes– most of them concerning the treatment of prisoners of war—there was never a legal reckoning for even the leaders of those who had tried to destroy the nation, although their efforts had led to the deaths of 620,000 soldiers and sailors and cost the country more than $5 billion.

In an attempt to be magnanimous, U.S. officials gave former Confederates no reason to abandon their loyalty to their failed nation. They clung to it through Lost Cause mythology, convincing themselves that theirs was the true version of America despite their defeat, and that their cause was noble. Georgia’s return to the Union depended on the state’s ratification of the Fifteenth Amendment to the Constitution guaranteeing Black men the right to vote, but within a year of Georgia’s readmission, white southerners were already undermining Black voting. Within a decade, they had regained control of their states and were pushing their Black neighbors into second-class citizenship.

Without any cost for adherence to the Lost Cause, there was no reason for Confederate symbols to disappear. They have continued to play an astonishingly large role in our society, and not just in the South. They have inspired those eager to dismantle the government ever since the Civil War. They have made a spectacular comeback since the 1980s until finally, on January 6, 2021, the Confederate battle flag flew in the U.S. Capitol.

This time, though, there is a chance to change the story. Prosecutions have January 6 participants like Reffitt trying to hide their actions, and jail time will almost certainly dampen the enthusiasm of those who were happy to be part of an insurrection until they discovered there was a legal cost. While U.S. leaders after the Civil War thought their best hope of building a nation based on racial equality was to avoid prosecutions, scholars who study the restoration of democracy after an authoritarian crisis are very clear: central to any such restoration is enforcing the rule of law.

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And it can’t just be the rubes who stormed the Capitol like Reffitt. It has to mean prison time for the politicians who planned it and sent them there or they will just replace this group of rubes with a new one and have another go.

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And those who paid for the politicians next?

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