Heather Cox Richardson

August 27, 2022 (Saturday)

In a speech Thursday night, President Joe Biden called out today’s MAGA Republicans for threatening “our personal rights and economic security…. They’re a threat to our very democracy.” When he referred to them as “semi-fascists,” he drew headlines, some of them disapproving.

A spokesperson for the Republican National Committee called the comment “despicable,” although Republicans have called Democrats “socialists” now for so long it passes as normal discourse. Just this week, Senator Marco Rubio (R-FL) called Democrats “radical left-wing lunatics, laptop liberals, and Marxist misfits.”

Biden’s calling out of today’s radical Republicans mirrors the moment on June 21, 1856, when Representative Anson Burlingame of Massachusetts, a member of the newly formed Republican Party, stood up in Congress to announce that northerners were willing to take to the battlefield to defend their way of life against the southerners who were trying to destroy it. Less than a month before, Burlingame’s Massachusetts colleague Senator Charles Sumner had been brutally beaten by a southern representative for disparaging slavery, and Burlingame was sick and tired of buying sectional peace by letting southerners abuse the North. Enough, he said, was enough. The North was superior to the South in its morality, loyalty to the government, fidelity to the Constitution, and economy, and northerners were willing to defend their system, if necessary, with guns.

Burlingame’s “Defense of Massachusetts” speech marked the first time a prominent northerner had offered to fight to defend the northern way of life. Previously, southerners had been the ones threatening war and demanding concessions from the North to preserve the peace. He was willing to accept a battle, Burlingame explained, because what was at stake was the future of the nation. His speech invited a challenge to a duel.

Southerners championed their region as the one that had correctly developed the society envisioned by the Founders. In the South, a few very wealthy men controlled government and society, enslaving their neighbors. This system, its apologists asserted, was the highest form of human civilization. They opposed any attempt to restrict its spread. The South was superior to the North, enslavers insisted; it alone was patriotic, honored the Constitution, and understood economic growth. In the interests of union, northerners repeatedly ceded ground to enslavers and left their claim to superiority unchallenged.

At long last, the attack on Sumner inspired Burlingame to speak up for the North. The southern system was not superior, he thundered; it had dragged the nation backward. Slavery kept workers ignorant and godless while the northern system of freedom lifted workers up with schools and churches. Slavery feared innovation; freedom encouraged workers to try new ideas. Slavery kept the South mired in the past; freedom welcomed the modern world and pushed Americans into a new, thriving economy. And finally, when Sumner had spoken up against the tyranny of slavery, a southerner had clubbed him almost to death on the floor of the Senate.

Was ignorance, economic stagnation, and violence the true American system?

For his part, Burlingame preferred to throw his lot with education, morality, economic growth, and respect for government.

Burlingame had deliberately provoked the lawmaker who had beaten Sumner, Preston Brooks of South Carolina, and unable to resist any provocation, Brooks had challenged Burlingame to a duel. Brooks assumed all Yankees were cowards and figured that Burlingame would decline in embarrassment. But instead, Burlingame accepted with enthusiasm, choosing rifles as the dueling weapons. Burlingame, it turned out, was an expert marksman.

Burlingame also chose to duel in Canada, giving Brooks the opportunity to back out on the grounds that he felt unsafe traveling through the North after his beating of Sumner made him a hated man. The negotiations for the duel went on for months, but the duel never took place. Instead, Brooks, known as “Bully” Brooks, lost face as a man who was unwilling to risk his safety to avenge his honor, while Burlingame showed that northerners were eager to fight.

Forgotten now, Burlingame’s speech was once widely considered one of the most important speeches in American history. It marked the moment when northerners shocked southerners by calling them out for what they were, and northerners rallied to Burlingame’s call.

President Biden’s Twitter account has recently been taken over by new White House’s Deputy Director of Platforms Megan Coyne, who garnered attention when she ran the official New Jersey Twitter account with attitude, and it seems as if the administration is taking the new saltiness out for a spin. “All the talk about the deficit from the same folks that gave an unpaid-for $2 trillion tax cut to the wealthy and big corporations. It makes you laugh,” the account said tonight. “Under my Administration, the deficit is on track to come down by more than $1 trillion this year.”

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August 28, 2022 (Sunday)

As we turn toward the autumn, a picture that captures the passing summer.

I’m sending my very best wishes to everyone starting the school year.

Guessing– heck, pretty sure we know– that it’s going to be a busy week, so let’s take a deep breath and take the night off.

[Photo “Red Chairs” by Nadia Povalinska]

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August 29, 2022 (Monday)

Lots of news swirling around about the boxes of classified information Trump took from the United States and held at Mar-a-Lago, but the most telling window into all those stories is that the former president took to his Truth Social network this morning to demand that he be declared the winner of the 2020 election, or that the election be redone again “immediately!”

This is distraction at its purest—no one is going to redo the 2020 election—but it no longer works. As Trump has lost the power to command attention, his demands have gotten more and more outrageous. Gone are the days when he could make the media jump with a tweet. Not only is he banned from Twitter, but also his own Twitter clone, Truth Social, is in financial trouble. The stock of Digital World Acquisition, the company that planned to take Truth Social public, has dropped nearly 75% since its high in March, and last week the company reported that it had lost $6.5 million in the first six months of 2022. It has announced that it might be forced to liquidate, cutting off billions of dollars from the Trump Organization, which appears to be short of funds. The web service that hosts Truth Social claims that the company had not paid its bills since March.

Trump supporters are trying to turn the theft of secret documents into a political question. Today, Senator Lindsey Graham (R-SC) seemed to be trying to create a self-fulfilling prophecy when he warned that if Trump is prosecuted for his theft of classified information—a theft that would have any other American in terrible trouble—“there will be riots in the streets.” Graham, who is himself fighting a subpoena requiring him to testify in the Fulton County, Georgia, investigation into Trump’s attempt to overturn the 2020 election, tried to argue that law enforcement was out to get Trump, holding him to a standard it did not enforce for anyone else.

Graham referred to former secretary of state Hillary Clinton, implying that law officers had somehow gone easy on her over her use of a private email server. But, in fact, both the State Department and the FBI investigated her several times over that issue and concluded there was “no persuasive evidence of systemic, deliberate mishandling of classified information.” She cooperated with the investigations and turned over her devices and emails. No prosecutors charged her.

The question of the stolen documents is not about politics, but rather about the rule of law. When Graham threatens that gangs will take to the streets, he is saying that violence can overrule laws, a key sign of authoritarian rule. That sort of violence is not new to America. It dominated the Reconstruction South, of course, when white gangs terrorized their Black neighbors and the white men who voted as they did, suppressed labor organization at the turn of the last century, and fed rising fascism in the 1930s.

It has been a growing threat in the U.S. since the 1990s, as right-wing activists egged on by talk radio armed themselves against the federal government, but that violent organization took off under the former president, first as he condoned the violence at the August 2017 riots in Charlottesville, Virginia, and then as he urged on the “American Patriots” who demanded their state governments reopen their states during the early months of the coronavirus pandemic.
Those gangs were Trump’s troops on January 6, 2021, and on that day they quite literally illustrated the attempt to use violence to overturn the rule of law at the heart of our democracy.

Such gangs have always operated in the U.S., and they gain power and momentum when they engage in violence and are unchecked. After several years in which they have seemed invulnerable, we are now in a period when, as we learned on Saturday, an armed man in a truck chased Independent Utah senatorial candidate Evan McMullin with a gun after an event in April and forced the vehicle carrying McMullin and his wife into oncoming traffic. That incident echoes one from October 2020, when a bus carrying Biden staffers and volunteers through Texas was harassed by Trump supporters, some of whom appeared to be trying to force it off the road. When the terrified Biden workers called the police, officers allegedly refused to help.

Part of restoring democracy is imposing the rule of law, which means treating everyone equally.

The Department of Justice, which under the former president weakened the rule of law for Trump’s political ends, appears to be working to restore that rule. Just today, a judge sentenced a Proud Boy who participated in the January 6 insurrection to 55 months in jail. Joshua Pruitt had an extensive criminal record and was on probation in two states at the time of the attack on the U.S. Capitol, when he came face to face with Senator Chuck Schumer (D-NY). His attorney wrote that “[o]n January 6, 2021 Mr. Pruitt, along with nearly 40,000 other participants, at the direction of President Donald J. Trump went to the Capitol,” and that now—after facing legal consequences—he “regrets his actions.”

Today the White House announced that on Thursday, President Joe Biden will give a prime-time address from Philadelphia on “the continued battle for the Soul of the Nation.” Outside Independence Hall, where the Founders wrote the Declaration of Independence and the Framers wrote the United States Constitution, Biden will tell Americans “how the core values of this nation—our standing in the world, our democracy—are at stake.” He will talk about “the progress we have made as a nation to protect our democracy, but how our rights and freedoms are still under attack. And he will make clear who is fighting for those rights, fighting for those freedoms, and fighting for our democracy.”

Biden’s use of the physical symbols of our democracy to defend its values is itself a statement about the return of the rule of law. The former president used our symbols not to reinforce the nation’s principles, but to shore up his own leadership. In August 2020, almost exactly two years ago, he held an extravaganza at the White House to accept his renomination for president. He used the backdrop of the White House; Vice President Mike Pence spoke at Fort McHenry, where Francis Scott Key wrote the Star-Spangled Banner; and First Lady Melania Trump spoke from the newly renovated Rose Garden—all in service to Trump.

Today, Tony Ornato, the Secret Service agent who crossed over to become a top aide in Trump’s White House and who was involved in the events of January 6, announced that he is retiring as of tomorrow.

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August 30, 2022 (Tuesday)

The big news until shortly before midnight tonight was that businesses do indeed seem to be coming home after the pandemic illustrated the dangers of stretched supply lines, the global minimum tax reduced the incentives to flee to other countries with lower taxes, and the passage of the CHIPS and Science Act and the Inflation Reduction Act spurred investment in technology.

Yesterday, Honda and LG Energy Solution announced they would spend $4.4 billion to construct a new battery plant in the U.S. to join the plants General Motors is building in Ohio, Michigan, and Tennessee; the ones Ford is building in Kentucky and Tennessee; the one Toyota is building in North Carolina; and the one Stellantis is building in Indiana. The plants are part of the switch to electric vehicles. According to auto industry reporter Neal E. Boudette of the New York Times, they represent “one of the most profound shifts the auto industry has experienced in its century-long history.”

Today, Kentucky governor Andy Beshear (D) announced that Kentucky has secured more than $8.5 billion for investment in the production of electric vehicle batteries, which should produce more than 8,000 jobs in the EV sector. “Kentuckians will literally be powering the future,” he said.

Also today, First Solar, the largest solar panel maker in the U.S., announced that it would construct a new solar panel plant in the Southeast, investing up to $1 billion. It credited the Inflation Reduction Act with making solar construction attractive enough in the U.S. to build here rather than elsewhere. First Solar has also said it will upgrade and expand an existing plant in Ohio, spending $185 million.

Corning has announced a new manufacturing plant outside Phoenix, Arizona, to build fiber-optic cable to help supply the $42.5 billion high-speed internet infrastructure investment made possible by the Bipartisan Infrastructure Act. AT&T will also build a new fiber internet network in Arizona.

The CHIPS and Science Act is spurring investment in the manufacturing of chips in the U.S. Earlier this month, Micron announced a $40 billion investment in the next eight years, producing up to 40,000 new jobs. Qualcomm has also committed to investing $4.2 billion in chips from the New York facility of GlobalFoundries. Qualcomm says it intends to increase chip production in the U.S. by 50% over the next five years. In January, Intel announced it would invest $20 billion, and possibly as much as $100 billion, in a chip plant in Ohio.

This investment is part of a larger trend in which U.S. companies are bringing their operations back to the U.S. Last week, a report by the Reshoring Initiative noted that nearly 350,000 U.S. jobs have come home this year. The coronavirus pandemic, Russia’s war on Ukraine, and China’s instability were the push to bring jobs home, while the Inflation Reduction Act and the CHIPS and Science Act were the pull. Dion Rabouin notes in the Wall Street Journal that this reshoring will not necessarily translate to blue-collar jobs, as companies will likely increase automation to avoid higher labor costs.

President Joe Biden’s record is unexpectedly strong going into the midterms, and he is directly challenging Republicans on the issues they formerly considered their own. Today, in Wilkes-Barre, Pennsylvania, he challenged the Republicans on their claim to be the party of law and order, calling out their recent demands to “defund” the FBI and saying he wants to increase funding for law enforcement to enable it to have more social workers, mental health care specialists, and so on.

He noted that law enforcement officers want a ban on assault weapons and that he would work to pass one like that of 1994. When that law expired in 2004, mass shootings in the U.S. tripled.

Then the president took on MAGA Republicans: “A safer America requires all of us to uphold the rule of law, not the rule of any one party or any one person.” He addressed Senator Lindsey Graham’s comment yesterday about how there would be violence if the Department of Justice (DOJ) indicted Trump. “Let’s be clear,” Biden said, “You hear some of my friends in the other team talking about political violence and how it’s necessary.” But violence is never appropriate, he said. “Never. Period. Never, never, never. No one should be encouraged to use political violence. None whatsoever.”

To audience applause, he called out those who supported the January 6 attack on the Capitol: “Don’t tell me you support law enforcement if you won’t condemn what happened on the 6th…. For God’s sake, whose side are you on?.. You can’t be pro-law enforcement and pro-insurrection. You can’t be a party of law and order and call the people who attacked the police on January 6th ‘patriots.’ You can’t do it.”

While Biden is consolidating and pushing the Democrats’ worldview, the Republicans are in disarray. The revelation that former president Trump moved classified intelligence to the Trump Organization’s property at Mar-a-Lago has kept some of them sidelined, as they didn’t want to talk about the issue, and has forced others to try to justify an unprecedented breach of national security. Republican candidates for elected office who are not in deep red districts have been taking references to Trump (and to abortion restrictions) off their websites.

The deadly seriousness of what he has done is clear in part from the former president’s own behavior over it. Yesterday, he demanded to be made president or to have a do-over of the 2020 election; today, after constant reposting of conspiracy theories and defenses on his ailing Truth Social, he wrote: “Why are people so mean?”

The reason for his fear turned up tonight in a Department of Justice filing in response to his demand for the appointment of a special master to review the documents, and for the return of several of them to him. His requests gave the DOJ an opening to correct the record that he and his allies have been muddying.

This document replaced the economic news as today’s big story. The DOJ laid out the timeline behind the attempt of the U.S. government to recover the materials Trump took. First, officials from the National Archives and Records Administration (NARA) recognized that materials were missing and tried to get Trump to return them voluntarily. When he finally handed over 15 boxes, the officials recognized that some of the materials were “highly classified” and told the Department of Justice.

Trump delayed the FBI examination of the boxes, but when officials got into them, they recognized their haphazard storage threatened national security. They got evidence of more records at Mar-a-Lago, for which they obtained a grand jury subpoena. Trump’s representatives handed over a few more documents, and a lawyer certified that that was it—they had done a diligent search and now could confirm that there were no more documents left. They said there were no materials stored anywhere but a storeroom, but they refused to let agents look inside the boxes there.

It was a lie both that there were no more documents, and that materials were contained in the storeroom. The FBI learned there were still more documents, got a search warrant, and on August 8 seized from at least two locations 33 more boxes with more than 100 classified records—twice as many classified documents as Trump and his representatives had handed over under the subpoena.

The U.S. government spelled out that “those records do not belong to him”; they belong to the United States. It said that Trump never asserted that the records had been declassified or asserted any claim of executive privilege, and Trump’s representatives indicated they thought the documents were classified. It made a strong case that the former president and his lawyer obstructed the search for the documents.

Even more chilling than the words of the filing was the exhibit attached: a photo of SECRET, TOP SECRET, and SECRET/SCI files recovered from a container, spread out on a carpeted floor next to a banker’s box containing framed TIME magazine covers.

Trump has added Chris Kise, the former solicitor general of Florida, to his legal team. Although the Republican National Committee has been paying the former president’s legal bills since he left office, it will not pay the legal fees he racks up over this issue.

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But, that can’t be true! Biden is destroying the economy! Fox News said so!

Yeah, it is really good to see the Dems finally taking the gloves off and not worrying about upsetting the Fascists. The more we make them mad, the happier I am!

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August 31, 2022 (Wednesday)

Not saying that Trump supporters are desperately trying to find a way to spin his theft, and subsequent hiding, of classified documents from the U.S. government, but there was actually an op-ed today in a major paper suggesting that the documents described by the Department of Justice and shown in last night’s explosive photo were just props because stacks of paper make Trump feel important.

I’m going to do the author of that piece a favor and not link to it in the notes.

Shortly afterward, Trump tore the ground out from under that argument—and most of the others his supporters were trying to make—by posting a complaint on his Truth Social network about the FBI photo documenting the stolen classified documents. “There seems to be confusion as to the ‘picture’ where documents were sloppily thrown on the floor and then released photographically for the world to see, as if that’s what the FBI found when they broke into my home. Wrong! They took them out of cartons and spread them around on the carpet….”

Lawyers point out that this is an admission that he had the documents and knew it.

His lawyer Alina Habba then went onto the Fox News Channel to complain about the photo and said, “I’m somebody who has been in his office…. I do have firsthand knowledge…. I have never, ever, seen that…. That is not the way his office looks…. He has guests frequently there.” His office had classified information in it, and his lawyer just said he entertains guests there. This is an intelligence nightmare.

Tonight, just before the deadline of 8:00, Trump’s lawyers filed a response to yesterday’s filing by the Department of Justice about the classified intelligence he hid at Mar-a-Lago. His lawyers argued that the FBI’s struggle to recover stolen classified documents was “the standard give-and-take between former Presidents and NARA regarding Presidential library contents.”

In Alaska tonight, Mary Peltola, who is Yup’ik, won a special election for the House seat left vacant after the death of Republican Don Young. A tribal fisheries manager and close family friend of the Youngs, Peltola defeated former vice-presidential candidate Sarah Palin, who was endorsed by former president Trump, to become the first Democrat in 50 years and the first woman ever to hold the seat and, while she was at it, the first Alaska Native ever elected to Congress. After winning Alaska’s House seat through ranked-choice voting, Peltola will again compete for it with Palin and her other challenger, Nick Begich III, in the regular election in November.

Executive Director of Voters of Tomorrow Santiago Mayer pointed out that the last time a Democrat sat in Alaska’s House seat was the same year the Supreme Court decided Roe v. Wade. “If that’s not a…sign,” he tweeted, “I don’t know what is.”

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This is amazing stuff.
It is a good job that Turnip is surrounding himself with profeshnials, it may be his only hope.

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September 1, 2022 (Thursday)

This morning, former president Trump told a Newsmax host that he was “financially supporting” some of the rioters who attacked the U.S. Capitol on January 6, 2021, in an attempt to overturn the results of the 2020 presidential election. Calling it “disgraceful” that they are being prosecuted, he said that If reelected, he would look “very favorably at full pardons” for them and would apologize to them.

At a time when his supporters are increasingly calling for violence after the FBI executed a search warrant on the Trump Organization’s Mar-a-Lago property in order to recover classified documents, Trump is normalizing violence and suggesting that if he regains the presidency, he will protect those who fight on his behalf.

Today the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol wrote to former House speaker Newt Gingrich, asking him to appear before the committee voluntarily. Historians identify Gingrich’s rhetorical attacks on Democrats and on those Republicans he considered too moderate—Republicans in Name Only, or RINOs—as key to bleeding traditional Republicans out of party leadership in the 1990s.

The letter explained that the committee has learned that Gingrich was part of the effort to overturn the 2020 election. He apparently exchanged emails with Trump’s advisors, including Jason Miller and Trump’s son-in-law Jared Kushner, in which Gingrich provided “detailed input” on the scripting of television ads that deliberately pushed lies that the 2020 election was stolen. The ads encouraged people to pressure state officials to overturn the election.

Gingrich wrote: “The goal is to arouse the country’s anger through new verifiable information the American people have never seen before[.]… If we inform the American people in a way they find convincing and it arouses their anger[,] they will then bring pressure on legislators and governors.”

Gingrich was also apparently involved in the scheme to produce fake electors and did not let up even after the attack on the Capitol. That night, he emailed Trump’s chief of staff, Mark Meadows, to pursue the plan.

Today, Emma Brown of the Washington Post reported that Supreme Court Justice Clarence Thomas’s wife, Ginni Thomas, wrote not only to 29 lawmakers in Arizona to press them to overturn President Joe Biden’s victory by appointing their own electors rather than the ones the voters had chosen, but also to lawmakers in Wisconsin.

In Arizona, Jerod MacDonald-Evoy of the Arizona Mirror reported that Republican Senate candidate Blake Masters has hired two fake electors as part of his staff. Before the primary, Masters’s website read: “We need to get serious about election integrity. The 2020 election was a rotten mess—if we had had a free and fair election, President Trump would be sitting in the Oval Office today and America would be so much better off,” although he has since scrubbed it to read simply: “We need to get serious about election integrity.” Trump endorsed Masters.

Today the White House Twitter account reminded people that 147 congressional Republicans voted to challenge the results of the 2020 election even after the January 6 riot, retweeting the 2021 New York Times article listing them by name.

And yet there has been concern on Twitter tonight that President Joe Biden’s 24-minute prime-time speech on “The Continued Battle for the Soul of the Nation” was unfairly partisan.

Biden spoke from Philadelphia’s Independence National Historical Park, which includes Independence Hall, where lawmakers created the Declaration of Independence and the U.S. Constitution.

There, the nation’s early leaders created a country based on equality and democracy, Biden said, and those principles made the United States “the greatest nation on Earth.” Now those principles are under assault, and “we do ourselves no favor to pretend otherwise.”

Biden offered a passionate defense of democracy, recalling Americans to their heritage: a fight for liberty that has preserved the nation through wars, depressions, and struggles to expand civil rights. That mission still drives us, he said, toward “an America that is more prosperous, free, and just.”

But “we must be honest with each other and with ourselves.”

Things are not normal, he said. And then he called out the elephant in the room: “Donald Trump and the MAGA Republicans represent an extremism that threatens the very foundations of our republic.”

As he has done in similar comments lately, Biden isolated the extremist MAGA Republicans from the rest of the country, while including mainstream Republicans in the larger body of Americans who still believe in democracy. But he acknowledged the truth that “the Republican Party today is dominated, driven, and intimidated by Donald Trump and the MAGA Republicans, and that is a threat to this country.”

They “do not respect the Constitution. They do not believe in the rule of law. They do not recognize the will of the people. They refuse to accept the results of a free election. And they’re working right now, as I speak, in state after state to give power to decide elections in America to partisans and cronies, empowering election deniers to undermine democracy itself.”

They “are determined to take this country backwards—backwards to an America where there is no right to choose, no right to privacy, no right to contraception, no right to marry who you love. They promote authoritarian leaders, and they fan the flames of political violence that are a threat to our personal rights, to the pursuit of justice, to the rule of law, to the very soul of this country.”

We are not powerless to combat these threats, Biden said. Far more Americans reject the extremism of MAGA Republicans than embrace it. He called for all Americans—”Democrats, independents, mainstream Republicans”—to reject government by violence, and instead work together to defend democracy and build a better future, one based in the Constitution, the rule of law, free and fair elections, the will of the people, honesty, decency, respect, patriotism, liberty, justice, hope, and possibility.

Biden listed the accomplishments of the past year and a half and echoed the line he has used since he ran for president: “There is not a single thing America cannot do—not a single thing beyond our capacity if we do it together.”

“The soul of America is defined by the sacred proposition that all are created equal in the image of God. That all are entitled to be treated with decency, dignity, and respect. That all deserve justice and a shot at lives of prosperity and consequence. And that democracy…must be defended, for democracy makes all these things possible. Folks, and it’s up to us.”

Our democracy is imperfect, Biden said, but “history and common sense tell us that opportunity, liberty, and justice for all are most likely to come to pass in a democracy.” “Our task,” he said, “is to make our nation free and fair, just and strong, noble and whole.”

“We just need to remember who we are. We are the United States of America.”

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September 2, 2022 (Friday)

Just a week ago, a judge ordered the release of the affidavit on which the FBI applied for a search warrant for Mar-a-Lago. That document revealed that Trump had taken highly classified documents from the government and held them in insecure locations. That document was horrifying, but it referred only to documents the government had already recovered, not the ones for which it would go on to search for on August 8.

Today the unsealing of a court filing revealed that the August 8 search turned up more than 11,000 documents or photographs that were not classified, 31 documents marked CONFIDENTIAL, 54 marked SECRET, and 18 marked TOP SECRET. In addition, agents found 48 empty folders marked CLASSIFIED, and 42 empty folders marked to be returned to a military aide. Those documents were not filed with the envelopes.

This story is unprecedented and explosive. As Sue Gordon, who was principal deputy director of national intelligence from 2017 to 2019, told MSNBC’s Nicolle Wallace yesterday, in addition to the potential for exposing national secrets, the exposure of the networks and techniques that were in those documents could unravel intelligence networks that took decades to build.

The implications for the destruction of our national security at Trump’s hands are enormous.

And yet, after President Joe Biden’s speech last night saying that “Donald Trump and the MAGA Republicans represent an extremism that threatens the very foundations of our republic,” Republicans have rushed to attack Biden as divisive, hateful, or disparaging of half the country, claiming far more support than they have. Biden offered them an off-ramp from this profound scandal, inviting them to stand on the side of defending democracy, and they refused it.

They have tied themselves to what looks like it is on the way to becoming the biggest attack on our national security in our history, but it is not clear to me that even remaining Republican voters will be okay with the compromise of our national security. National security used to be very important to Republicans.

Trump’s attorney general Bill Barr seemed today to be trying to get whatever is left of the Republican establishment to abandon the former president. He told two different Fox News Channel programs: “I…think for them to have taken things to the current point, they probably have pretty good evidence…. I think the driver on this from the beginning was…loads of classified information sitting in Mar-a-Lago. People say this was unprecedented, well it’s also unprecedented for a president to take all this classified information and put them in a country club.”

“I can’t think of a legitimate reason why they…could be taken…away from the government if they’re classified.” He added that he was “skeptical” that Trump had declassified the documents. “I think it’s highly improbable, [and]…if in fact he sort of stood over scores of boxes, not really knowing what was in them, and said ‘I hereby declassify everything in here,’ that would be such an abuse and…shows such recklessness it’s almost worse than taking the documents.”

Among all the Republican backlash over Biden’s speech, today, veteran CNN White House reporter John Harwood said:

“The core point he made in that political speech about a threat to democracy is true.

“Now, that’s something that’s not easy for us, as journalists, to say. We’re brought up to believe there’s two different political parties with different points of view and we don’t take sides in honest disagreements between them. But that’s not what we’re talking about. These are not honest disagreements. The Republican Party right now is led by a dishonest demagogue.

“Many, many Republicans are rallying behind his lies about the 2020 election and other things as well. And a significant portion—or a sufficient portion—of the constituency that they’re leading attacked the Capitol on January 6th. Violently.

“By offering pardons or suggesting pardons for those people who violently attacked the Capitol, which you’ve been pointing out numerous times this morning, Donald Trump made Joe Biden’s point for him.”

Shortly afterward, Harwood announced he was no longer with CNN.

A source told Dan Froomkin of Press Watch that Harwood had been told last month he was being fired, despite his long-term contract, and that he used his last broadcast to send a message.

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September 3, 2022 (Saturday)

It was a beautiful afternoon and evening on the water… and a long enough kayaking trip that I have been sound asleep with my head on my writing table for a couple of hours. Going to take that as a sign that I should go to bed and finish the history of our intelligence system another day.

This is unfiltered, by the way-- this is exactly what the sunset looked like, with the water all pink and orange.

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September 4, 2022 (Sunday)

One hundred and forty years ago, on September 5, 1882, workers in New York City celebrated the first Labor Day holiday with a parade. The parade almost didn’t happen: there was no band, and no one wanted to start marching without music. Once the Jewelers Union of Newark Two showed up with musicians, the rest of the marchers, eventually numbering between 10,000 and 20,000 men and women, fell in behind them to parade through lower Manhattan. At noon, when they reached the end of the route, the march broke up and the participants listened to speeches, drank beer, and had picnics. Other workers joined them.

Their goal was to emphasize the importance of workers in the industrializing economy and to warn politicians that they could not be ignored. Less than 20 years before, northern men had fought a war to defend a society based on free labor and had, they thought, put in place a government that would support the ability of all hardworking men to rise to prosperity.

By 1882, though, factories and the fortunes they created had swung the government toward men of capital, and workingmen worried they would lose their rights if they didn’t work together. A decade before, the Republican Party, which had formed to protect free labor, had thrown its weight behind Wall Street. By the 1880s, even the staunchly Republican Chicago Tribune complained about the links between business and government: “Behind every one of half of the portly and well-dressed members of the Senate can be seen the outlines of some corporation interested in getting or preventing legislation,” it wrote. The Senate, Harper’s Weekly noted, was “a club of rich men.”

The workers marching in New York City carried banners saying: “Labor Built This Republic and Labor Shall Rule it,” “Labor Creates All Wealth,” “No Land Monopoly,” “No Money Monopoly,” “Labor Pays All Taxes,” “The Laborer Must Receive and Enjoy the Full Fruit of His Labor,” ‘Eight Hours for a Legal Day’s Work,” and “The True Remedy is Organization and the Ballot.”

The New York Times denied that workers were any special class in the United States, saying that “[e]very one who works with his brain, who applies accumulated capital to industry, who directs or facilitates the operations of industry and the exchange of its products, is just as truly a laboring man as he who toils with his hands…and each contributes to the creation of wealth and the payment of taxes and is entitled to a share in the fruits of labor in proportion to the value of his service in the production of net results.”

In other words, the growing inequality in the country was a function of the greater value of bosses than their workers, and the government could not possibly adjust that equation. The New York Daily Tribune scolded the workers for holding a political—even a “demagogical”—event. “It is one thing to organize a large force of…workingmen…when they are led to believe that the demonstration is purely non-partisan; but quite another thing to lead them into a political organization….”

Two years later, workers helped to elect Democrat Grover Cleveland to the White House. A number of Republicans crossed over to support the reformer Cleveland, afraid that, as he said, “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people’s masters.”

In 1888, Cleveland again won the popular vote-- by about 100,000 votes-- but his Republican opponent, Benjamin Harrison, won in the Electoral College. Harrison promised that his would be “A BUSINESS MAN’S ADMINISTRATION” and said that “before the close of the present Administration business men will be thoroughly well content with it….”

Businessmen mostly were, but the rest of the country wasn’t. In November 1892 a Democratic landslide put Cleveland back in office, along with the first Democratic Congress since before the Civil War. As soon as the results of the election became apparent, the Republicans declared that the economy would collapse. Harrison’s administration had been “beyond question the best business administration the country has ever seen,” one businessmen’s club insisted, so losing it could only be a calamity. “The Republicans will be passive spectators,” the Chicago Tribune noted. “It will not be their funeral.” People would be thrown out of work, but “[p]erhaps the working classes of the country need such a lesson….”

As investors rushed to take their money out of the U.S. stock market, the economy collapsed a few days before Cleveland took office in early March 1893. Trying to stabilize the economy by enacting the proposals capitalists wanted, Cleveland and the Democratic Congress had to abandon many of the pro-worker policies they had promised, and the Supreme Court struck down the rest (including the income tax).

They could, though, support Labor Day and its indication of workers’ political power. On June 28, 1894, Cleveland signed Congress’s bill making Labor Day a legal holiday.

In Chicago the chair of the House Labor Committee, Lawrence McGann (D-IL), told the crowd gathered for the first official observance: “Let us each Labor day, hold a congress and formulate propositions for the amelioration of the people. Send them to your Representatives with your earnest, intelligent indorsement [sic], and the laws will be changed.”

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September 5, 2022 (Monday)

Today, on the federal holiday of Labor Day, Judge Aileen M. Cannon of the U.S. District Court for the Southern District of Florida granted former president Trump’s request for a special master to review the nearly 11,000 documents FBI agents seized in their search of the Trump Organization’s property at Mar-a-Lago on August 8.

The special master will examine the documents, some of which have the highest classification markings, to remove personal items or those covered by attorney-client privilege or those that might be covered by executive privilege (although President Joe Biden, who holds the presidency and thus should be able to determine that privilege, has waived it). The order temporarily stops the Department of Justice from reviewing or using the materials as part of their investigation into Trump’s mishandling of classified information.

That is, a Trump-appointed judge, confirmed by the Senate on November 13, 2020, after Trump had lost the election, has stepped between the Department of Justice and the former president in the investigation of classified documents stolen from the government.

Legal analysts appear to be appalled by the poor quality of the opinion. Former U.S. acting solicitor general Neal Katyal called it “so bad it’s hard to know where to begin.” Law professor Stephen Vladeck told Charlie Savage of the New York Times that it was “an unprecedented intervention…into the middle of an ongoing federal criminal and national security investigation.” Paul Rosenzweig, a prosecutor in the independent counsel investigation of Bill Clinton, told Savage it was “a genuinely unprecedented decision” and said stopping the criminal investigation was “simply untenable.” Duke University law professor Samuel Buell added: “To any lawyer with serious federal criminal court experience…, this ruling is laughably bad…. Trump is getting something no one else ever gets in federal court, he’s getting it for no good reason, and it will not in the slightest reduce the ongoing howls that he’s being persecuted, when he is being privileged."

The judge justified her decision because she was “mindful of the need to ensure at least the appearance of fairness and integrity under the extraordinary circumstances presented.”

Energy and politics reporter David Roberts of Volts pointed out that this is a common pattern for MAGA Republicans. First, they spread lies and conspiracy theories, then they act based on the “appearance” that something is shady. “So this… judge says Trump deserves extraordinary, unprecedented latitude because of the ‘extraordinary circumstances’ and the ‘swirling questions about bias.’ But her fellow reactionaries were the only ones raising questions of bias! It’s a perfectly sealed feedback loop,” and one the right wing has perfected over “voter fraud.”

As political scientist Brendan Nyhan points out, bad-faith attacks on our democratic processes open the door for changing those processes.

Something else jumps out about the judge’s construction, though: it makes MAGA Republicans the only ones whose sentiments matter. This is the same construction President Andrew Johnson used to justify his plan to end Reconstruction and remove troops from the South in December 1865. He told Congress that using the army to protect new governments there “would have divided the people into the vanquishers and the vanquished, and would have envenomed hatred rather than restored affection.” Missing from Johnson’s equation were the four million Black southerners who, in fact, welcomed the injection of the weight of the federal government into the former Confederate states.

The idea that Cannon felt obliged to reassure MAGA Republicans that Trump is being treated fairly, rather than the rest of us that the rule of law is being protected, redefines the American public and American principles.

The neutrality of the law is central to democracy. But it is increasingly under question as Republican-appointed judges make decisions that disregard settled law, and Cannon’s decision will not help. She actually singles out Trump as having a different relationship to the law than the rest of us in a number of ways, but especially when she expresses concern over how his reputation could be hurt by an indictment: “As a function of Plaintiff’s former position as President of the United States, the stigma associated with the subject seizure is in a league of its own. A future indictment, based to any degree on property that ought to be returned, would result in reputational harm of a decidedly different order of magnitude.”

This attack on the rule of law—the idea that the laws apply to everyone equally—has been underway since the administration of Ronald Reagan, when Attorney General Edwin Meese set out to, as he said, “institutionalize the Reagan revolution so it can’t be set aside no matter what happens in future presidential elections.” Contrary to established procedures at the Department of Justice, Reagan appointees began to quiz candidates for judgeships about their views on abortion and affirmative action, to tilt the direction in which the courts would rule.

The 1982 establishment of the Federalist Society, made up of lawyers determined to roll back the legal decisions of the post–World War II era, made it easier to tilt the courts. Those lawyers stood against what they called “judicial activism,” decisions that justified the expansion of a federal government that regulated business, provided a basic social safety net, protected civil rights, and promoted infrastructure.

As Republican policies grew less popular, party leaders focused not on adjusting their policies, but on filling judgeships with judges who would rule in their favor in lawsuits. This focus was so strong by the time of Trump’s predecessor, President Barack Obama, that then–Senate majority leader Mitch McConnell (R-KY) stalled confirmations for Obama’s nominees, banking on leaving vacancies for a new president to fill. Most dramatically, of course, he refused to permit a hearing for Obama’s nominee for a Supreme Court seat in March 2016, inventing a new rule that that date was too close to the upcoming November election to allow the nomination to proceed.

This left the seat free for Trump to appoint Neil Gorsuch, who could not make it through the Senate until McConnell used the so-called “nuclear option” to get rid of the filibuster for Supreme Court appointments, which enabled him to squeak through with just 51 votes.

Trump and McConnell—who was known for saying, “Leave no vacancy behind”—made reshaping the federal judiciary their top priority. McConnell approved the new judges with vigor, keeping the Senate confirming them during the pandemic, for example, even when all other business stopped. And he continued to push through appointments—like that of Judge Cannon—even after Trump lost the election.

Philosopher Jason Stanley of Yale University, best known for his 2018 book How Fascism Works, tweeted today: “Once you have the courts you can pretty much do whatever you want.”

Cannon’s decision addresses only the criminal investigation of the former president by the Department of Justice, and it is not clear how much of a delay it will create. While that is on hold, at least temporarily, the intelligence assessment by the Office of the Director of National Intelligence will proceed without check. It is still unclear what documents are missing, and who has had unauthorized access to the information Trump took.

This breach of our national security has the potential to be catastrophic.

Trump certainly appears to think the game is not yet over. Once again today, he attacked the FBI and the DOJ and demanded the results of the 2020 election be overturned.

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September 6, 2022 (Tuesday)

When President Joe Biden called out “Donald Trump and the MAGA Republicans” last Thursday as representative of “an extremism that threatens the very foundations of our republic,” he drew a clear line between those supporting the former president and those from all parties who support democracy. He quite deliberately drew a line between Trump supporters and “mainstream Republicans” who do not embrace the “extreme ideology” of their former allies.

Immediately, Trump supporters attacked the president and rushed to defend Trump, just as more news broke about his theft of classified documents and other presidential records when he left the White House. This tied the Republican Party to Trump, along with what is a stunning national security story that continues to unfold.

Just tonight we learned that FBI agents found a document detailing the military defenses of a foreign government, including its nuclear capabilities, during last month’s search of Mar-a-Lago. What is at stake here is not simply information about the U.S., or even information about the way our leaders conceive of what is best for the U.S. What is at stake is the security of the U.S. and our democratic allies. Some of the documents they found were so highly restricted that they required special clearances on a need-to-know basis. Trump kept them in boxes at Mar-a-Lago.

This situation is extraordinary, but yesterday, Senator Marco Rubio demonstrated his loyalty to Trump when he referred to Trump’s theft and mishandling of the documents as “a fight over storage of documents.” Rubio is the top Republican on the Senate Intelligence Committee.

Yesterday’s decision by Judge Aileen Cannon further illustrated the strength of the MAGA Republicans and their positions in places of power.

Cannon was nominated by Trump and confirmed after he lost the 2020 election. Yesterday she granted Trump’s request for a special master to review the government documents the FBI recovered from Mar-a-Lago on August 8. Today, Ian Millhiser at Vox explained that Cannon’s order could delay the FBI investigation by as much as years (other analysts argue that she has cut off only one avenue of investigation, so they believe it will not be that big a speedbump). The Department of Justice can appeal the decision, which Millhiser agrees with other legal analysts is “riddled with legal errors,” but an appeal would go to the 11th circuit, where Trump appointed 6 of the 11 judges who, if they wished, could further delay the case, and then agree with Cannon. The Department of Justice could then appeal to the Supreme Court: which now has a 6 to 3 Republican majority, three of whom Trump himself appointed.

Cannon’s order appears to have been intended to send a message. Bloomberg News legal and political reporter Zoe Tillman said today that seven senior officials who served in Republican administrations, including two former governors, a former attorney general, a former acting attorney general, and a former deputy attorney general, asked to send in a “friend of the court” brief in opposition to Trump’s request. Cannon denied their request, saying the court “appreciates the movants’ willingness to participate in this matter but does not find…[it]…warranted.”

Millhiser asked: “Why would a judge do this unless they are trying to advertise the fact that they are not open to opposing arguments? Just accept the…brief and then don’t read it if you don’t want to make a public spectacle out of not caring what anyone says.” Los Angeles Times legal affairs columnist Harry Litman said he didn’t think he’d ever seen a court reject a friend of the court brief before.

MAGA Republicans are standing behind Trump in his determination to overturn the 2020 election. In Michigan on Friday, six people filed a suit to order Governor Gretchen Whitmer and Secretary of State Jocelyn Benson to “work together to rerun the Michigan 2020 presidential election as soon as possible.” One of those joining the suit previously handed over her township’s vote tabulator to a group trying to prove “voter fraud” in the election.

And today, Zachary Cohen and Jason Morris of CNN reported that newly released surveillance video shows that on January 7, 2021, a Republican county official in Georgia escorted into her county’s election offices two operatives working with Trump’s attorneys to try to find voter fraud. That same day the voting systems were breached. The official, Cathy Latham, is under investigation for her role as a fake elector and has given conflicting testimony about her actions. Some of Trump’s allies in the fake election scheme seem also to have launched a multistate effort to gain access to voting machines after the 2020 election.

Lies about the election from right-wing media convinced these MAGA Republicans of the Big Lie that the election had been stolen, but documents emerging from the Dominion Voting Systems lawsuit against the Fox News Channel are illustrating that the people feeding those lies knew they were false. Dominion has sued the media giant for defamation, saying its hosts knew the stories they told of the voting machines switching votes were false and that it has been “irreparably harmed” by the lies that will lead to more than $600 million in lost profits over the next 8 years. The document production has yielded a November 2020 email from an FNC producer insisting that it must keep host Jeanine Pirro off the air because she was spreading conspiracy theories to back Trump’s lies that the election had been stolen.

And, today, New Mexico judge Francis J. Mathew ruled that Couy Griffin, the founder of Cowboys for Trump, must be removed from his office as Otero County commissioner for participating in the January 6 attack on the U.S. Capitol. In a lawsuit brought by New Mexico citizens, Mathew ruled that Griffin is disqualified for office under the Fourteenth Amendment, which prohibits from holding office anyone who had engaged in “insurrection or rebellion” against the country. This is the first time this clause has been enforced since 1869, and the first time a court has found the attack on the Capitol was an insurrection.

Now other Republicans are weighing in to suggest that, now that the lines have been made very clear indeed, they will stand with the Constitution if there is an attempt to take the government by force. Today, eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff published an open letter in the national security outlet War on the Rocks outlining the “principles of civilian control and best practices of civil-military relations.” The leading illustration was an image of the U.S. Constitution.

These former military leaders noted the many factors that have created “an exceptionally challenging civil-military environment,” and reiterated that “civilian control of the military is part of the bedrock foundation of American democracy.” They noted that “[t]he military—active-duty, reserve, and National Guard—have carefully delimited roles in law enforcement [that] must be taken only insofar as they are consistent with the Constitution and relevant statutes,” and that “[m]ilitary and civilian leaders must be diligent about keeping the military separate from partisan political activity.”

This is a calmer echo of the open letter the ten living former secretaries of defense published on January 3, 2021, in the Washington Post, which called for a peaceful transition of power after the 2020 election and seemed to warn colleagues not to back the former president’s attempts to create an uprising. They said: “Efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory. Civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic.”

Perhaps most notably, in an interview with Greg Sargent of the Washington Post, published today, longtime conservative Bill Kristol said that, at least in the short term, the Republican Party cannot be saved. “And,” he offered, “if we don’t have two reasonably healthy parties, the unhealthy party has to be defeated."

And, finally, the formula shortage has largely fallen out of the news, but the administration has not dropped the ball. Yesterday, the administration completed the twenty-second mission of Operation Fly Formula, which has now flown in more than 85 million 8-ounce bottle equivalents.

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great. so now the biden administration is handing over much needed baby formula to our insect overlords. or wait. are they feeding the flys to kids in lieu of formula??? either way this administration is the worst /s

( truly they are the worst at self promotion. who came up with that name!? :fly: )

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But doesn’t fly mean good to today’s youth…like they might say that Biden is pretty fly for an old white guy? Or is that just malarkey?

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hmmm… well. i had to look it up. turns out the original usage of “fly” as something cool goes all the way back to the year 2020

i guess flies aren’t half bad after all… go operation fly!

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September 7, 2022 (Wednesday)

Today, in Texas, U.S. District Judge Reed O’Connor undercut a key part of the Affordable Care Act, more popularly known as Obamacare. That law assigned to three different government bodies the task of deciding what preventative treatments—cancer screenings, vaccines, and so on—health plans must cover.

In Braidwood Management v. Secretary of Health and Human Services Xavier Becerra, various business owners and individuals opposed buying insurance that covered some of those treatments, citing either economic or religious grounds. Four individuals wanted to be able to buy health insurance that did not include PrEP drugs to prevent HIV infection, contraception, the HPV vaccine, or screenings and counseling for STDs and drug use. The plaintiffs say they do not need such care and being forced to participate in plans that cover that care “violates their religious beliefs by making them complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and one woman.”

Two Christian businesses have similar complaints, while one other business and one other individual simply say they don’t want or need this coverage. (One says his wife “‘is past her childbearing years,’ and neither he nor his family members ‘engage in the behaviors that makes [sic] this preventive treatment necessary.”)

O’Connor is famous for his decisions against the federal government. In a 2018 decision, he tried to get rid of the ACA altogether, but the Supreme Court upheld the law by a vote of 7–2. Today, in Braidwood Management v. Becerra, he decided that the members of one of the three panels deciding preventive treatments have been appointed unconstitutionally and upheld the argument that the PrEP requirement violated the plaintiffs’ religious rights. He reserved his ruling on how to fix these issues.

Also in the news today is Moore v. Harper, a North Carolina case about whether state legislatures alone have the power to set election rules even if those laws violate state constitutions. The case is currently before the Supreme Court, and friend of the court briefs are flowing in to make arguments either for Timothy Moore, speaker of the North Carolina House of Representatives, and the rest of the petitioners, or for defendant Rebecca Harper, a North Carolina voter, and the rest of the respondents.

The case comes from North Carolina, where the state supreme court rejected a dramatically partisan gerrymander by the Republican state legislature. Republicans say that the state court cannot stop the legislature’s carving up of the state because of the “independent state legislature doctrine.”

This is a new idea that caught on in 2015, when Republicans wanted to get rid of an independent redistricting commission in Arizona. It is based on the clause in the U.S. Constitution providing that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”

Until now, states have interpreted “legislatures” to mean the state’s general lawmaking processes, which include shared power and checks and balances among the three branches of state government. Now a radical minority insists that a legislature is a legislature alone, unchecked by state courts or state constitutions that prohibit gerrymandering.

Why now?

Democrats are actually far more popular than Republicans in most states, and they win elections that are statewide, like those for the U.S. Senate, governor, or U.S. president. But state legislatures control the way state districts are carved up, and after 2010, when Republicans made a concerted effort to take over state houses through a plan called Operation REDMAP, they gerrymandered the states they control to the point that Democratic voters cannot win the number of seats their votes reflect.

Biden narrowly won Georgia in 2020, for example, but a new districting map has given Republicans an advantage of at least 15 points for control of the state House of Representatives. Democrats will have to win the state by double digits in order to flip the House. That party power leads to extremist legislation, for once in power, legislators in safe seats can operate without fear of being voted out and can vote for measures that cater to their extremist base rather than to the wishes of the majority.

This partisan gerrymandering skews Congress as well. According to political scientist Jacob Grumbach of the University of Washington, North Carolina, for example, was actually a leader in expanding access to voting in the 1970s. But after Republicans captured the legislature in 2010, they changed election laws so dramatically that in 2018, Republicans won 49.3% of the vote and yet captured 77% (10 of 13) of the state’s seats in Congress.

Grumbach identifies 2010 as a crucial shift for democracy in a number of states. “It’s all about [Republican] control,” he says. “When the [Republican Party] wins your state, it will reduce democracy.” The changes don’t reflect major changes in the states themselves; rather, both the big money interests of the Republican Party and the electoral base, which is motivated by white identity politics, want to keep voting limited.

Those advancing the independent state legislature theory want to be able to gerrymander their states, but they also point to another clause of the Constitution. It says: “Each State shall appoint, in such Manner as the Legis­lature thereof may direct, a Number of Elect­ors.” They advance the idea that the legislature can choose the state’s presidential electors regardless of which candidate the majority of the state’s voters choose.

This doctrine is, of course, what Trump and his allies pushed for to keep him in power in 2020: Republican state legislatures throwing out the will of the people and sending electors for Trump to Congress rather than the Biden electors the majority voted for.

Not surprisingly, those writing friend of the court briefs defending the independent state legislature doctrine are a who’s who of those who backed Trump’s effort to convince state officials to write slates of electors for Trump rather than Biden. They include America First Legal Foundation, which Democracy Docket identifies as connected to Trump advisor Stephen Miller and Trump’s chief of staff Mark Meadows; America’s Future (Trump’s national security advisor Michael Flynn); Claremont Institute’s Center for Constitutional Jurisprudence (John Eastman, author of the Eastman memo for overturning the 2020 election); Honest Elections Project (Leonard Leo); Public Interest Legal Foundation (Eastman and Trump lawyer Cleta Mitchell), Restoring Integrity and Trust in Elections (Trump’s attorney general Bill Barr), and so on.

In contrast, a conference consisting of the Supreme Court chief justices or chief judges of the courts of last resort of all 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands, urged the Supreme Court not to decide that the state legislatures could operate without any oversight. Relying on the long history of state court review of the legislatures’ decisions, including those over elections, it concluded that state courts had a traditional role to play in reviewing election laws under state constitutions.

Revered conservative judge J. Michael Luttig has been trying for months to sound the alarm that the independent state legislature doctrine is a blueprint for Republicans to steal the 2024 election. In April, before the court agreed to take on the Moore v. Harper case, he wrote: “Trump and the Republicans can only be stopped from stealing the 2024 election at this point if the Supreme Court rejects the independent state legislature doctrine…and Congress amends the Electoral Count Act to constrain Congress’ own power to reject state electoral votes and decide the presidency.”

And yet in March, when the Supreme Court let the North Carolina Supreme Court’s decision against the radical map stay in place for 2022, justices Samuel Alito, Neil Gorsuch, Clarence Thomas, and Brett Kavanaugh indicated they are open to the idea that state courts have no role in overseeing the rules for federal elections.

In the one term Trump’s three justices have been on the court, they have decimated the legal landscape under which we have lived for generations, slashing power from the federal government, where Congress represents the majority, and returning it to states, where a Republican minority can impose its will. Thanks to the skewing of our electoral system, those states are now trying to take control of our federal government permanently.

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September 8, 2022 (Thursday)

On this day in 1974, President Gerald Ford gave former president Richard M. Nixon “a full, free, and absolute pardon…for all offenses against the United States which he…has committed or may have committed or taken part in” during his time in the presidency.

In the pardon proclamation, Ford said he issued the pardon to help the nation heal from the trauma of the Watergate scandal. A trial would “cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.”

Ford’s pardon of Nixon removed from our democratic system the principle that all of us are accountable to the same laws.

Presidents, it appeared, were in a different category than the rest of us, and that encouraged future executives to push the boundaries of what was acceptable.

Under Ronald Reagan, the next Republican president after Nixon, members of the administration broke the law to sell arms to Iran in order to funnel the proceeds to the Contra insurgents fighting to overthrow the leftist government in Nicaragua. Fourteen administration officials were indicted and eleven convicted in the scandal, but when he became president, George H. W. Bush—himself implicated in the scandal—pardoned them on the advice of his attorney general, William Barr.

Lawrence Walsh, the independent prosecutor in the case, worried that pardoning the officials removed accountability and thus weakened American democracy. It “undermines…the principle…that no man is above the law,” he said. “It demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences.”

By 2004, President George W. Bush rejected any limitation on “the unitary executive branch.” The concept of the unitary executive said that, as head of his own branch of government, the president did not have to submit to any oversight or check by Congress.

Today we learned that a federal grand jury investigating the January 6 attack on the U.S. Capitol is now looking into Trump’s political action committee, “Save America,” to understand its fundraising, how its money was received, and how its money was spent. The PAC was organized immediately after the 2020 election and sought donations based on the idea that the election was stolen.

Also today, the Manhattan district attorney, Alvin L. Bragg, charged Trump ally Stephen K. Bannon with two felony counts of money laundering, two felony counts of conspiracy, and one felony count of a scheme to defraud, over his role in “We Build the Wall, Inc,” an organization that promised to bring former president Trump’s wall on the southern border of the U.S. into reality.

The organization raised millions of dollars to build the wall but instead funneled money to the organization’s president, Brian Kolfage, and others including Bannon, defrauding those who contributed to the effort.

Bannon was charged by the federal government in 2020, but Trump pardoned him before he went to trial. New York’s attorney general, Letitia James, noted today: “Regular, everyday Americans play by these rules, and yet too often powerful political interests, they ignore these rules. They think they are above the law, and the most egregious of them take advantage.”

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September 9, 2022 (Friday)

Today, President Joe Biden’s administration released an “economic blueprint” to show how the new laws and policies it has put in place “are rebuilding an economy that works for working families.”

The Biden-Harris Economic Blueprint notes that Biden and Vice President Kamala Harris took office in the midst of unprecedented crises, including “an economy that for many decades had been failing to deliver for working families—with workers and middle-class families left behind, stagnating wages and accelerating costs, crumbling infrastructure, U.S. manufacturing in decline, and persistent racial disparities.” In the past year and a half, it says, the Democrats have set the nation “on a new course,” investing in a historic economic recovery based on a long-term strategy to make lasting changes to the economy that will carry the nation into the future, making sure that no one is left behind.

The blueprint calls for empowering workers through unionization and new jobs; restoring the country’s manufacturing base by investing in infrastructure and clean energy; helping families by lowering costs and expanding access to affordable and high-quality health care, child care, education, housing, and so on; promoting industrial competition to open the way for entrepreneurs and bring down costs; and “rewarding work, not wealth,” by reforming taxation so that taxes do not go up on anyone who makes less than $400,000 a year, and that the wealthy and corporations pay their fair share.

This blueprint pulls together much of what Biden has been saying all along, and it is quite clear about what this means. What the blueprint calls “new architecture” must, it says, “replace the old regime.” The old system sent economic gains to the top while outsourcing industries, and the end of public investment hollowed out the middle class. The new system will drive “the economy from the bottom up and middle out” because that system “ensures that growth benefits everyone.”

While Biden and Harris are focused on the economy and the future, the Department of Justice is still handling crises created by the former president.

Yesterday the Department of Justice (DOJ) filed a motion to request a partial stay of Judge Aileen Cannon’s order last week, the one that said the DOJ couldn’t use the items the FBI seized when they searched the Trump property at Mar-a-Lago on August 8.

In her Civil Discourse newsletter, law professor, host of the Sisters In Law podcast, and former U.S. attorney Joyce White Vance explained that the DOJ has asked for that order to be stayed as far as it concerns the classified records. That request is separate from an appeal of the order itself to the Eleventh Circuit Court of Appeals, which the DOJ has indicated it will undertake. With the motion it filed yesterday, the DOJ wants the court to hold off on enforcing the judge’s order that the government can’t review and use the materials seized “for criminal investigative purposes,” and the part that says the government must turn the records over to a special master.

The DOJ pointed out that the intelligence community’s assessment of the damage done to our national security is tied together with the ongoing criminal investigation. Because the FBI is central to both, the judge’s order has shut down the national security review, which is vitally important to the country.

“In plain English,” Vance writes, “DOJ is asking how the guy who took the classified nuclear secrets he wasn’t entitled to have is harmed if law enforcement gets to look at those materials to protect our national security.”

The judge has given Trump’s lawyers until Monday to respond.

Meanwhile, at Just Security, Michael Stern points out that in Nixon v. GSA, everyone—including President Richard M. Nixon—agreed that “the very specific privilege protecting against disclosure of state secrets and sensitive information concerning military or diplomatic matters…may be asserted only by an incumbent President,” suggesting that Trump has no grounds to assert executive privilege over the classified information seized.

Also today, Judge Donald Middlebrooks of the U.S. District Court for the Southern District of Florida dismissed a lawsuit Trump launched in March 2022 against Hillary Clinton and a number of his favorite villains alleging that “the Defendants, blinded by political ambition, orchestrated a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hopes of destroying his life, his political career and rigging the 2016 Presidential Election in favor of Hillary Clinton.” The people he was suing dismissed his lawsuit, saying, “[w]hatever the utilities of [the Amended Complaint] as a fundraising tool, a press release, or a list of political grievances, it has no merit as a lawsuit.” The judge agreed and demolished the 193-page lawsuit as lacking evidence, legal justification, and good faith.

The lawsuit rehashed the Russia investigation, which Trump used to great effect during his term to deflect investigations into his wrongdoing. Two investigations, one by an independent investigation by Special Counsel Robert Mueller and another by the Republican-dominated Senate Intelligence Committee, revealed that Russia had attacked the U.S. presidential election in 2020 and that the Trump campaign had, at the very least, played along.

But by using the machinery of government, including by putting loyalists into key positions, Trump reversed reality to argue that he was an innocent victim and that the investigators were actually the ones who had broken the law. He and his allies saturated the media with accusations that government officials, including FBI agents—many of whom he named in this lawsuit—were members of the “Deep State,” out to get him.

Trump is resurrecting this old trope at a time when he is in the midst of yet another investigation for which the evidence against him is monumental. Now out of power, though, he has had to turn to the courts and, interestingly, contrived to get this case in front of Judge Cannon, who was rushed onto the court with very little experience after Trump had already lost the 2020 election.

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