Archives for the month of: January, 2024

The Justice Department recently released a lengthy report on the massacre of 19 students and two teachers in Uvalde, Texas, on May 24, 2022.

The report concluded that teachers and students have more training about how to react to an active shooter than the nearly 400 law enforcement officers who converged on the school. No one was sure who was in charge. The children had been trained to be silent, and they were. The officers assumed that the silence meant that the shooter was barricaded in an empty classroom, despite numerous 911 calls by terrified students. For over an hour, no one confronted the killer. The mistakes cost lives. When the killer was dead, the medical response to the situation was bizarre. Dead children were placed in ambulances, while children with gunshot wounds were loaded onto school buses.

ProPublica and the Texas Tribune published and summarized the findings:

UVALDE, Texas — Law enforcement agencies across the country should immediately prioritize active shooter training, U.S. Attorney General Merrick Garland said Thursday as he released a scathing report about the handling of the 2022 massacre in Uvalde, Texas, in which lives could have been saved if training protocols had been followed.

The Justice Department’s long-anticipated report about the shooting found that “cascading failures of leadership, decision-making, tactics, policy and training” led to the bungled response, which Garland said should never have happened. Nineteen children and two teachers were killed on May 24, 2022.

“Had law enforcement agencies followed generally accepted practices in an active shooter situation and gone right after the shooter to stop him, lives would have been saved and people would have survived,” Garland said during a news conference on Thursday.

The report’s findings about the failure to follow protocol and the lack of sufficient training to prepare officers for a mass shooting largely mirrored the flaws revealed in a Texas Tribune, ProPublica and FRONTLINE investigation published last month that found that states require students and teachers to receive far more training to prepare them for a mass shooting than they require for the police. At least 37 states require schools to conduct active-shooter-related drills, nearly all on an annual basis. But Texas is the only state that mandates that all of its police officers complete repeated training, at least 16 hours every two years. That requirement was implemented after the Uvalde shooting.

Garland said the report was produced in an effort to offer lessons that would hopefully better prepare law enforcement across the country to respond to future mass shootings. It offered recommendations that included requiring all agencies in a region to train together and providing officers across the country with at least eight hours of active shooter training annually.

The vast majority of at least 380 officers from about two dozen local, state and federal agencies who responded to the school had never trained together, “contributing to difficulties in coordination and communication,” the report stated.

“Our children deserve better than to grow up in a country where an 18-year-old has easy access to a weapon that belongs on the battlefield, not in a classroom,” Garland said. “And communities across the country, and the law enforcement officers who protect them, deserve better than to be forced to respond to one horrific mass shooting after another. But that is the terrible reality that we face. And so it is the reality that every law enforcement agency in every community across the country must be prepared for.”

Mo Canady, executive director of the National Association of School Resource Officers, said in an interview that he appreciates the emphasis the Department of Justice placed on widespread active-shooter training. Still, Canady said he is frustrated that leaders have not already learned that “25-year-old lesson” after the shootings at Columbine High, Sandy Hook Elementary and Marjory Stoneman Douglas High School.

Since the 1999 Columbine shooting, law enforcement officers have been trained to prioritize stopping the shooter. The report stated that everything else, including officer safety, should be secondary, adding that efforts to engage the shooter “must be undertaken regardless of the equipment and personnel available.”

“We’ve got to understand what the priorities are and, quite frankly, I see there are not a lot of priorities greater than keeping students safe at school,” Canady said.

Kimberly Mata-Rubio, whose 10-year-old daughter Lexi was killed in the shooting, said she hopes the report’s findings lead to action, that “the failures end today and that local officials do what wasn’t done that day, do right by the victims and survivors of Robb Elementary: terminations, criminal prosecutions and that our state and federal government enacts sensible gun laws…”

The district attorney and the Texas Department of Public Safety have fought the release of records related to the shooting, prompting news organizations, including ProPublica and the Tribune, to sue. A Travis County district judge ruled in the newsrooms’ favor last month, but DPS appealed. The agency did not respond to requests for comment about the Justice Department’s report.

Texas Gov. Greg Abbott, who initially praised the response and later said he was misled, released a statement thanking the Justice Department. He said the state has already adopted some of the recommended measures and would review others.

The report, which offers the most comprehensive account to date from authorities about the shooting, echoes many findings from a probe released by a state House committee two months after the shooting…

The report noted that the “misguided and misleading narratives, leaks, and lack of communication about what happened on May 24 is unprecedented and has had an extensive, negative impact on the mental health and recovery of the family members and other victims, as well as the entire community of Uvalde.”

The previous mayor of Uvalde requested the federal review days after the shooting when it became clear that the response was flawed. The review was led in part by Sheriff John Mina of Orange County, Florida, who was the incident commander during the 2016 Pulse Nightclub massacre in Orlando.

An outside review of that incident found that Florida officers, who waited three hours to take down the shooter, mostly followed best practices, although it stated that the law enforcement agencies in Orlando should update their training and policies.

In multiple after-action reviews, including the Pulse report, authors opted not to criticize significant law enforcement delays during mass shootings, according to an analysis of more than three dozen of these reports by ProPublica, the Tribune and FRONTLINE.

The Uvalde report was far more critical, finding failures in leadership, command and coordination.

It stated that officers wrongly treated the situation as a barricaded suspect incident instead of one in which a shooter was an active threat to children and teachers. Officers should “never” treat an active shooter with access to victims as a barricaded suspect — especially in a school, where there is a “high probability” of potential victims and innocent civilians being present, the report stated.

Officers had multiple indicators that should have made it clear they were facing an active shooter, including 911 calls from children and teachers pleading for help, a dispatcher’s announcement minutes after officers arrived that students were likely in the classroom with the shooter, and an Uvalde school police officer announcing that his wife had called to tell him she had been shot, according to the report.

Gupta condemned the medical response, saying that after police breached the classroom and killed the gunman, dead victims were placed in ambulances while children with bullet wounds were put on school buses. Many of those findings were revealed in a 2022 investigation by the Tribune, ProPublica and The Washington Post that determined medical responders did not know who was in charge and that two students and a teacher who later died still had a pulse when they were rescued from the school.

In its blistering criticism of responding officers, the report said that supervisors from various law enforcement agencies “demonstrated no urgency” in taking control of the incident, which exacerbated communication problems and added to overall confusion.

Uvalde school district Police Chief Pete Arredondo, who was listed as the incident commander in the district’s active-shooter plan, had the “necessary authority, training and tools” to lead the response but did not provide “appropriate leadership, command and control,” the report found. Arredondo could not be reached for comment Thursday through his attorney. He has previously defended his actions and those of others involved in the response.

Beyond that, no leader from any of the other responding agencies “effectively questioned the decisions and lack of urgency” demonstrated by Arredondo and Uvalde Police Department Acting Chief Mariano Pargas, who both arrived at the school within minutes of the first round of gunfire. The report listed Uvalde County Sheriff Ruben Nolasco, Uvalde County Constables Emmanuel Zamora and Johnny Field, and an unidentified Texas Ranger as examples of such leaders.

“Responding officers here in Uvalde, who also lost loved ones and who still bear the emotional scars of that day, deserved the kind of leadership and training that would have prepared them to do the work that was required,” Garland said.

The report also found that key officers, including Pargas, had no active shooter or incident command training despite, in some instances, having decades of law enforcement experience. Nolasco, the sheriff, also had no active shooter training and “minimal” incident command training.

The big issue currently raising hackles in Oklahoma is whether a Catholic Church should be allowed to operate a publicly-funded virtual charter school.

Leave aside, for the moment, whether the state should be funding a religious school at all.

Leave aside, for now, the fact that multiple evaluations have reported that virtual schools get worse results than brick-and-mortar schools.

Leave aside, for now, the fact that Ohlahoma already has seven virtual schools already.

The state attorney general is opposed to it.

But Governor Kevin Stitt and the Oklahoma Statewide Virtual School Board approved the idea (3-2), so the issue will be resolved in court.

Governor Stitt just selected one of the Board’s members to be his top education advisor:

OKLAHOMA CITY — An Oklahoma official who voted in favor of founding the nation’s first religious charter school will serve as Gov. Kevin Stitt’s next education secretary.

Nellie Tayloe Sanders, of Kingfisher, is the third member of the Oklahoma Statewide Virtual Charter School Board to join the Stitt administration. She is the second to do so after approving a Catholic charter school in a landmark 3-2 vote last year. Stitt was a staunch advocate of the school.

As education secretary, Sanders will serve as the governor’s top adviser on school policy. She will be paid $25,000 a year for the position, according to the Governor’s Office.

 Oklahoma Statewide Virtual Charter School Board member Nellie Tayloe Sanders, left, pictured at an Oct. 9 meeting in Oklahoma City, is Gov. Kevin Stitt’s choice to be his education secretary. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

“My goal is to empower parents with choices and support teachers in unleashing their full potential – moving beyond the constraints of politics and bureaucracy,” Sanders said in a statement Wednesday. “Governor Stitt’s commitment to educational freedom resonates deeply with me.”

Sanders resigned from her seat on the Statewide Virtual Charter School Board on Sunday in an email to Senate President Pro Tem Greg Treat, his office confirmed. The Senate leader had appointed Sanders to the board in February to oversee the seven Oklahoma charter schools that primarily teach online.

However, she won’t leave the board entirely. The education secretary holds a non-voting seat.

The board’s president, Robert Franklin, said the news of her appointment to the governor’s Cabinet caught him off guard.

“If you were asking me (about) a laundry list of colleagues that I thought had a seasoned background and a footprint in Oklahoma’s educational landscape, I wouldn’t have picked Mrs. Sanders,” Franklin said. “But I know she’s thoughtful. I know she’s kind. I know she’s an engaging person. So, I certainly wish her well.”

In other developments, the judge in the Catholic virtual charter school case stepped aside, because he had relationships with people on both sides of the issue.

Lawyers involved said the case was starting all over because the state board had entered into a contract with St. Isidore, and the board itself had new members.

One new board member said that the Catholic Church sponsoring the school would not provide a Catholic education, but the church disagreed.

Appointed Oct. 27, one of the new SVCSB members is Brian Shellem, a former Edmond mayoral candidate and the president of Advanced Automotive Equipment.

Shellem has also been appointed by Gov. Kevin Stitt to serve on the new Statewide Charter School Board, which the Oklahoma Legislature created last session to replace the SVCSB on July 1. It will become the new board overseeing virtual charter schools and other charter schools.

Shellem said that although he was not a board member when the SVCSB decided to authorize St. Isidore, he supports more educational choices for students, as long as those choices meet the right educational standards and requirements.

“The (St. Isidore) contract is not to provide religious education, it’s to provide education and a curriculum that the state requires, and I don’t think they should be disqualified because they are a Catholic school,” Shellem said. “I equate it to if you go to a car wash and you pay $20 for a car wash and then they go, ‘Hey, we’re gonna give you for free the wheel package and the air freshener,’ and they don’t charge you, [now you’ve got] a $5 value, but we’re not charging you for it. The state’s not contracting them to teach religious education, but it happens to be in that environment. They’re getting contracted to teach the curriculum that’s required by the state.”

Throughout their application process, St. Isidore leaders have indicated that the school intends to provide students with a Catholic education.

Shellem said he believes charter schools are public schools, so he could understand how including the proverbial extra car wash package that is Catholic education could create some legal questions to be dealt with in court.

[Note: You may have seen this article Friday. I moved it because it was supposed to appear today.]

I am more than a little touchy on the subject of for-profit takeovers of hospitals that serve the community. That happened in my neighborhood a few years back. The city sold a major hospital to a for-profit firm. The hospital eventually went bankrupt and was sold off and converted to other uses. This hospital saved my life in 1998, when I walked in to the emergency room, short of breath and limping. As it happened, I had an advanced pulmonary embolism. Had I not gone to the hospital, I would not have survived the night, said the pulmonary specialist the next morning.

Larry Edelman of The Boston Globe in his column called Trendlines tells the story of what happened to a small chain of hospitals that served high-needs communities:

The hound from hell

It was a match born of voracity and desperation, as many private equity buyouts are. Cerberus Capital Management hit a home run with Steward Health Care. But Steward may be about to go down swinging.

Rewind: In 2010, Cerberus agreed to bail out Caritas Christi Health Care, a struggling network of six Catholic hospitals serving mainly poorer communities in cities including Boston, Brockton, Fall River, and Methuen.

The New York firm paid $246 million in cash, assumed more than $200 million in pension liabilities, and promised to invest $400 million in the company, rechristened Steward Health Care.

When the deal was announced, a Cerberus executive told the Globe it was “a big win for the hard-working communities of Greater Boston.’’

Fast-forward: After a national expansion, Steward is on the ropes. Last week, the Globe’s Jessica Bartlett broke the news that the company — now owned by a group of physician-managers — is having trouble paying rent and may have to sell or close hospitals.

But the deal was a big win for Cerberus. It cashed out of Steward in early 2021, quadrupling its money with an $800 million gain, according to Bloomberg.

The backstory: Cerberus bought Caritas Christi four years after a blockbuster hospital deal: the 2006 leveraged buyout of HCA for $21 billion by Kohlberg Kravis & Roberts and Bain Capital of Boston.

The sheer size of the acquisition — and the involvement of two respected firms — supercharged a health care buyout binge that extended beyond hospitals to nursing homes, physician practices, and home health providers.

Cerberus jumps in: After taking a high-profile beating on its 2007 bet on Chrysler, Cerberus saw an opportunity to profit on a turnaround of the “St. Elsewhere”-esque Steward. The plan: buy up other hospitals around the country, deploy new technology, improve efficiency, control costs, and bill Medicare and Medicaid as aggressively as possible.

It was a vision adeptly articulated by Dr. Ralph de la Torre, Caritas’ chief executive officer who remained in charge under Cerberus.

But it was a tough slog for the cardiac surgeon. His expansion plans were thwarted, and Steward didn’t make any money until 2015, when a reduction in pension payments put it in the black.

The big breakthrough: The following year Steward sold its hospital properties for $1.2 billion to Medical Properties Trust, a real estate investment trust that also paid $50 million for a 5 percent stake in the company.

Steward, which leased the properties back from Alabama-based MPT, earmarked the proceeds to buy more hospitals and pay down debt. It also returned Cerberus’ initial investment, though the firm held on to a controlling stake in the company.

In effect, de la Torre had landed a new financial backer, letting Cerberus off the hook.

“We look forward to expanding our relationship with Steward in the years ahead,” MPT chief executive Edward K. Aldag Jr. said at the time.

And MPT did just that in 2017, writing a $1.4 billion check and buying an additional $100 million of Steward equity. De la Torre used the money to buy IASIS Healthcare, a $2 billion purchase that gave Steward 18 hospitals in Arizona, Arkansas, Colorado, Louisiana, Texas, and Utah, making it the largest for-profit chain in the country.

The next year de la Torre moved the company’s headquarters to Dallas, where taxes are lower and regulations lighter.

Minimal disclosure: As a private company, Steward isn’t required to make its financial statements public. Moreover, it has largely ignored Massachusetts requirements that it file detailed financial information on an annual basis.

But publicly traded MPT discloses some Steward financials because the chain is its largest tenant, accounting for about 20 percent of revenue. That’s how we know that Steward booked operating losses of $322 million in 2017 and $270 million in 2018.

Steward’s leaseback deal with MPT significantly boosted its expenses, but as Jessica reported, the health system blames its dire financial straits on rising interest rates and labor costs, an increasing Medicaid population, and difficulty collecting bills.

MPT has been hit hard by Steward’s woes. Its stock tumbled nearly 40 percent after it announced earlier this month that Steward was having trouble paying rent.

Moreover, COVID clobbered all hospitals. Despite receiving government pandemic aid and hundreds of millions of dollars in loans from MPT, Steward is strapped.

Good timing: Cerberus was out before the bedpan hit the fan.

In May 2020, it swapped its stake with Steward doctors in exchange for a note paying interest. Then, in January 2021, Steward borrowed $335 million from MPT to pay off the debt.

Cerberus was free and clear.

Parting thought: It’s not the only time the firm — named after the three-headed dog that guards the gates of Hades in Greek mythology — scored big on a company that went bust.

It did well on its buyout of Mervyn’s by selling off the department store chain’s real estate before it went bankrupt. And it recouped its investment and then some at arms maker Remington by paying itself a dividend before the company went broke. Such strategies are common in private equity.

You see, when firms like Cerberus do business, it’s often “heads I win, tails you lose.”

As you know, Governor Abbott of Texas placed the Texas National Guard in control of the international border which is the Rio Grande River, where immigrants have been wading or swimming across. The Texas Guard refused to allow the U.S. Border Patrol to enter the section they control near Eagle Pass, Texas. Recently a woman and her two small children drowned in the section patrolled by the state.

The Biden administration sued the state to recognize the supremacy of federal law. The federal district court agreed with the feds. The Fifth Circuit Court of Appeals agreed with the state. The U.S. Supreme Court ruled 5-4 for the federal government.

Now Governor Abbott says he will ignore the Supreme Court because the state is facing an “invasion.”

The PBS Newshour invited a notable constitutional lawyer, Stephen Vladeck of the University of Texas, to discuss the issues.

I’m not a lawyer but it seems to me that the issue of states’ rights was settled in 1865.

Meanwhile, Governor Abbott is scoring lots of points for defying the federal government and the Supreme Court. Texas has a small but loud minority that wants to secede from the U.S.

Abbott wants a confrontation with the federal government. Biden will have to stand up to Abbott’s grandstanding while taking a strong position on securing the border.

Thom Hartmann writes a description of the first few months of the second Trump administration, based on statements by Trump or his pals. It’s frightening.

He writes:

[Every incident mentioned in this article is based on an actual statement or action by Donald Trump, the people closely surrounding him, or something Trump has praised about his role model Victor Orbàn.]


It was a hell of a year, 2025: the first year of the First Reich (as those formerly called Democrats referred to it) or The New America as the GOP now refers to our nation. One people, one nation, one leader: America, President-for-life Trump tells us, is now “truly great.”


It started with the election of November 2024, when the No Labels candidacy of Larry Hogan and Joe Manchin pulled enough electoral votes away from Biden — who was more than 10 million popular votes ahead of Trump — that none of the three tickets hit the necessary 270 Electoral College votes to win the White House.


It was a scenario similar to 1824 when John Quincy Adams lost the popular vote to Andrew Jackson but, because William Crawford and Henry Clay were also running for president, neither Adams or Jackson hit the threshold with the Electoral College and the vote went to the House of Representatives, which made Adams president in a series of backroom deals known to historians as the “Corrupt Bargain.”


In a similar way, the election of 2024 was thrown into the House of Representatives, per the 12th Amendment, with each state having one single vote. Since 26 states had Republican-controlled congressional delegations and only 23 had Democratic-controlled delegations (Pennsylvania is evenly split), the House voted 26-24 for Donald Trump to become the next president. He didn’t even need to threaten his vice president or invoke a mob.


At his swearing-in, Trump announced that he was going to fulfill his “dictator for a day” promise and pardoned himself, all Republicans who were in Congress in January 2021 and helped organize or support the attack on the Capitol, and all the January 6th seditionists.


He then announced that the 24 Democrats leading their congressional delegations who’d voted against him in the House were “guilty of sedition against the United States.” As he spoke, each was arrested and taken into custody.


The arrests, particularly of Democratic members of the House and a handful of Democratic Senators from Red states, gave the GOP a majority in both houses, even though Democrats had won both in the 2024 election. Jim Jordan was named the new Speaker of the House, and Rick Scott took Mitch McConnell’s job in the Senate.


The next day, January 21st, Trump signed a new version of his Schedule F change to the Civil Service law, firing en masse roughly 50,000 federal employees in the top and upper management positions across the federal government, including the Department of Defense.


A group of billionaire-friendly candidates had been preselected by a billionaire-funded think tank and all were installed within hours. Those that required the “advice and consent of the Senate” were placed in “acting” positions, as Trump had done in 2020.
Within a week, another series of political arrests took place, as Joe and Hunter Biden, Liz Cheney, Merrick Garland, Jack Smith, Brad Raffensperger, Letitia James, and multiple other federal and state judges and prosecutors were arrested for conspiracy and alleged RICO violations.


“America will never again tolerate lawlessness by its elected and appointed officials,” Trump announced in a prime-time message to the country. Republican politicians and the media rushed to his defense, pointing out previous presidents (Andrew Jackson and Abraham Lincoln) who, they said, did “even worse.”


The Supreme Court handed down a 6-3 ruling declaring hate crimes unconstitutional, calling them “thought crimes,” with Justice Sam Alito asserting:

“We will never allow America to become the dystopian nanny state characterized in the writings of Orwell or Lewis and craved by Democrats. Americans are free to have any thoughts or intentions they want: we only punish actual behavior, and that punishment is the same for all.”

Within hours of their announcement, over 200 people — most queer or Black — lay dead across the United States. Trump went on TV to calm the nation, again asserting “There are very fine people on both sides.”

That weekend, hundreds of thousands of Americans poured into the streets to protest. Trump called another press conference and declared a state of emergency, provoked by what he calls “a nationwide insurrection against law and order and our great nation.”

Tens of thousands of Army troops met the crowds in the streets, and in 11 cities and a half-dozen rural areas used live ammunition to kill several dozen protestors.

Joy Reid began her Monday MSNBC show with the song Four Dead In Ohio and was arrested on-air for “inciting further insurrection.” Trump then referred the network, its executives, and several of its hosts to his FCC for investigation, as he promised in 2023.

CNN threw in with Trump, joining Fox and the Big Three national networks in helping explain to America how Trump’s “changes” are actually far less draconian than things previous presidents (particularly Lincoln, “who even suspended habeas corpus!”) have done.

Trump again invoked the PATRIOT Act to continue to hold the hundreds of elected and appointed Democratic officials, “thugs,” and “sedition ringleaders” in secret detention centers without access to lawyers or other due process.

The media pointed out that this is nothing unusual: Bush and Cheney did the same thing hundreds of times, and some of their victims are even still in Gitmo without ever having had a legitimate day in court. Nobody, they said, of any “real stature” objected.

Given the large number of people coming under detention as protests spread across the country, Trump signed an executive order transferring billions out of the military budget for Halliburton and two private prison contractors to build “detention centers” where “bad people” can be “concentrated in one place.” The media refuses to call them concentration camps because of the “prejudicial” connotations associated with the phrase.

Trump then ordered the Pentagon to withdraw all forms of assistance from Ukraine, including military and diplomatic support. “Putin is merely liberating Ukraine from the Nazis that took it over when they stole the election from Yanukovych,” Trump said, echoing Putin. “They never should have turned their back on their Slavic partner, the nation that birthed them.” He ended the speech with his famous 2024 election slogan, “Blood and soil!”

In an executive order titled “No More Shithole Countries,” he outlawed all immigration, and banned all tourist visas, from Muslim and majority-Black countries except for those from a handful of oil-rich Middle Eastern nations that started building a $5 billion Trump Tower in Oman in July, 2023.

Republicans in the House and Senate passed emergency legislation ending all US gun restrictions with a single exception: anybody who’s been arrested or “credibly accused of sedition” and not pardoned can no longer own a weapon of any sort.

Attorney General Jeffrey Clark then declared that anybody who’s ever joined the Democratic Party or voted for a Democrat in any election in the previous decade is now considered “credibly accused of sedition.”

Congress followed that up with billions to hire at least a million new local and state police, as Trump announced he’s integrating the Proud Boys into the federal military, calling them the “Stormfront,” a shoutout to Qanon.

February 2025

In the first week of the month, the Supreme Court handed down its 6-3 decision in Loper Bright, gutting every federal protective regulatory agency. Trump immediately fired most of the employees of the EPA and Department of the Interior, promising to sell of all federally owned public lands.

“Our public lands are rich in minerals and fossil fuel, and our parks should be run by smart entrepreneurs,” Trump declared, echoing sentiments attributed to Reagan’s Interior Secretary James Watt.

Disney and Comcast then both submitted bids to buy and manage Yellowstone.

Congress then declared “the Medicare experiment is over” because “more than half of seniors have voted with their feet” and ended the program, mandating all people over 65 must buy an “Advantage” plan from one of a handful of approved insurance giants. Following on that, Congress rolled out “Social Security Advantage,” a program that will, over the next decade, privatize all Social Security accounts via JPMorgan Chase, Wells Fargo, and Bank of America.

Proclaiming “America will no longer use her tax dollars to support Blue state communists,” and keeping a 2023 campaign promise, Trump ordered all military bases closed in any state with a seditionist (Democratic) governor or seditionist-controlled legislature. He gave states 60 days to change the composition of their governments to qualify to keep their military bases; all who didn’t comply are now seeing their facilities (and jobs) moved to Red states.

Congress then passed legislation closely resembling Putin’s laws in Russia and Orbán’s in Hungary declaring homosexuality and transsexuality “deviant behaviors” subject to federal penalties, fulfilling his 2022 promise to pass “Two Genders legislation.”

The “fake news media” is a major crisis, Trump told the nation from a press scrum near his helicopter: the solution, he said, would be straightforward. Congress voted later that day to rewrite the nation’s libel laws, as Orbán did in Hungary and Putin did in Russia, so any journalist or commentator who “sullies the reputation” if any elected official can be subject to both civil and criminal penalties.

Within three weeks of the legislation being signed into law at the end of February, hundreds of writers and TV commentators had been either arrested or bankrupted (depending on the severity of their criticism of Trump) as newsrooms across the nation purged themselves of “anti-American” (anti-Trump) voices.

Now licensed by six Republicans on the Supreme Court and their integration into the military, Proud Boy groups began organized attacks on Black neighborhoods, gay bars, and libraries. Dozens of people died, touching off riots in several cities — particularly Portland and Seattle — that were covered breathlessly by Fox “News.”

Trump pointed to the unrest and announced a second round of billion-dollar contracts for Halliburton to build camps where “bad people,” including those guilty of libel, violating gender conformity laws, or “poisoning the blood of America” through biracial marriages or giving shelter to illegal immigrants, could be “concentrated.”

In a major law and order speech, Trump declared homelessness a federal crime and work camps were set up inside the new concentration camps for homeless people to learn skills so “work can make them free.” Volunteer Proud Boys units were dispatched to help police departments round up those who insisted on living on the streets.

Based on the Comstock Act — which is still law but hasn’t been enforced since the 1950s — the Republicans on the Supreme Court outlawed mifepristone and all hormonal birth control, along with IUDs and condoms. Republicans passed legislation declaring that “life begins at conception,” and US attorneys have started charging women who got abortions in Blue states over the past year with murder. The Attorney General announced that all miscarriages must be reported to local police for investigation.

In the last week of February, Russia launched a “final assault” on Ukraine, with the aid of their new “Freedom Block” allies: China, Iran, and North Korea. Ukraine fell, and Trump hailed “a new era of world peace.”

March 2025

Keeping his campaign promise, Trump dissolved the Department of Education and killed all federal aid to education, higher and primary. The next day, the Supreme Court struck down FDR’s child labor laws; within a week every Red state in the country followed suit with their own state laws allowing anybody older than 12 to work (including in the brothels Trump decriminalized).

Republicans passed the “Free the Job Creators Act,” which ended all taxation of capital gains. Billionaires will never again pay any income taxes at all.

Internationally, the world order was changing rapidly. In a coordinated move, Iran attacked Israel with nuclear weapons; China encircled and cut off all shipping and fuel to Taiwan; Russia, Belarus, and Hungary collectively invaded Poland; and NATO dithered as Trump threatened to intervene on Russia’s side.

Trump refused to help Israel, and the Iranians who now control the country brought Netanyahu, who had helped fund Hamas for so many years, out of prison and back into office as a puppet Prime Minister. Trump called a press conference and said this is what is prophesied in the Bible and Jews better begin converting to Christianity if they want to survive.

Hours later, Trump issued an executive order declaring America a Christian country; states began to shut down synagogues, mosques, and Buddhist and Hindu temples within the week.

April 2025

Like in Russia and Hungary, Republicans passed laws asserting that voting is a privilege, not a right, and, backstopped by SCOTUS, Red States purged over 30 million people from the voter rolls in the first week. Speaker Jordan proclaimed, “There will never again be a ‘so-called purple’ state.”

The new law requires that a person must be employed to vote; being married to an employed person is not enough. Women, unemployed men, and students protested and hundreds were shot in the streets or sent to the work camps.

With a dramatic flourish and to redirect attention away from domestic protests, Trump declared war on Mexico for “refusing to do anything about their drugs and gangs, which have already declared war on the United States.”

He seized several northern Mexican states after a few short battles and strategic bombing of the presidential palace and Capitol building in Mexico City. Control of those formerly northern Mexican states was given to Greg Abbott, who Trump named “Administrator” of “American Mexico” just like L. Paul Bremmer was in Iraq.

May 2025

An insurgency against American occupation arose in Mexico, drawing us into a hot war with that country. Trump ordered all Americans of more than 3/5ths Mexican ancestry arrested and moved into detention camps or deported. Protests broke out across the country, but were quickly put down by the military.

The wars in Europe and Asia are winding down now, as Trump declared a “New Alliance” between the US, China, Russia, North Korea, Hungary, and Iran. Argentina applied for membership, as did dozens of other rightwing governments from Central and South America to Africa and Asia. Australia has made peace with China, naming a Murdoch heir as the new leader of that English-speaking country.

The Democratic Party is now officially banned as “insurrectionist” and the Supreme Court extended Article 3 of the 14th Amendment (which prevents insurrectionists from holding public office) to include all governmental positions in the country: only Republicans, Libertarians, and No Labels politicians need apply.

People have started to fight back in random places, so Congress codified the earlier ruling by Attorney General Clark that any former member of, or voter for, Democrats may not own a gun or other “weapon of war”: regional “insurrections” continue to break out but the military and their Proud Boy units quickly put them down.

The largest uprising was in Los Angeles: Trump had about 40 square blocks seized, locked down, and surrounded with razor wire. He then put that state, Oregon, and Washington under federal control, citing laws and acts taken by President Lincoln.

And that’s just the first five months. From there, things began to get really bad for Americans…

Three prominent ethics lawyers—Norman L. Eisen. Joyce Vance, and Richard Painter— express their shared view of the legal challenge to Fani Willis and her Special Prosecutor Nathan Wade. I have excerpted only the opening paragraphs from the website “Just security.” Please open the link to finish the article. The authors’ bios appear at the end of the excerpt.

They begin:

No one is praising Fulton County District Attorney Fani Willis’s apparent romantic relationship with Nathan Wade, an attorney in private practice who she brought on board as a Special Prosecutor in the criminal investigation and now prosecution of Donald Trump and 18 co-defendants. We have not yet heard that much of Willis’s side of the story. However, based on what is known so far, it represents poor judgment—especially in a case of this magnitude, even if a prosecutor’s private life is generally none of the public’s business. Willis has already said publicly that she is “flawed” and “imperfect” in her public remarks at Bethel AME Church following the allegations. But whether there were personal failings is not the operative legal test for whether Willis or Wade should be disqualified from the case, and accordingly that question is not the focus of this essay. Prosecutors are human, and they can and do make mistakes. The question here is whether Willis’s and Wade’s apparent mistakes have any bearing on the election conspiracy prosecution in a way the law would require their removal from the case.

The motion filed by defendant Michael Roman seeks primarily to do just that – to disqualify Willis and Wade from further participation in this case. Under Georgia law, however, even if all the factual allegations regarding Willis and Wade were true, there would be no basis for disqualifying them from prosecuting Roman or any of the other defendants in the election conspiracy case.

The key point is that regardless of whether the factual circumstances involving Willis and Wade give rise to separate ethical concerns with respect to his hiring, such questions do not affect the propriety of the prosecution against Roman and his co-defendants. Questions about gifts and related matters go to Willis’s and Wade’s obligations to the Fulton County District Attorney’s office, and have no connection to assuring the defendants a fair trial. These allegations are as irrelevant to the trial as allegations in other situations that prosecutors took office supplies for personal use, drove county vehicles for personal errands, or plagiarized portions of their student law review notes. All of those are legitimate issues—for prosecutors’ offices and those with oversight responsibilities to address—but such allegations do not bring criminal prosecutions to a stop or require that cases be transferred to a different office. Defense attorneys cannot use allegations of prosecutorial ethics violations, real or imaginary, that have nothing to do with a trial to delay or force prosecutors off of a case….

The authors:

Norman L. Eisen:

Ambassador Norman Eisen (ret.) (@NormEisen) served in the White House as special counsel and special assistant to the president for ethics and government reform and as ambassador to the Czech Republic under President Barack Obama, as well as special counsel to the House Judiciary Committee from 2019–20, including for the first impeachment and trial of President Donald Trump.

Joyce Vance

Joyce White Vance (@JoyceWhiteVance) is Distinguished Professor of the Practice of Law at the University of Alabama School of Law and former United States Attorney for the Northern District of Alabama from 2009 to 2017. Member of the Editorial Board of Just Security.

Richard Painter

Richard W. Painter (@RWPUSA). is the S. Walter Richey Professor of Corporate Law at the University of Minnesota Law School and was the chief White House ethics lawyer under President George W. Bush.

Guess what? Another massive scandal involving virtual charter schools. Not ho-hum because the money skimmed off is a lot: $44 million. The U.S. Attorney for the Southern District of Indiana said it was the biggest fraud case he had handled.

If you recall, the biggest virtual charter school fraud case ever happened in California, where the A3 charter chain skimmed off hundreds of millions of dollars. In Pennsylvania, Nick Trombetta, founder of the Pennsylvania Cyber Charter School, was sent to prison in 2018 for 20 months for fraud. Steven Ingersoll, the optometrist who founded four virtual charter schools in Bay City, Michigan, received a prison sentence of 40 months. And who can forget Ohio’s ECOT Man (Electronic Classroom of Tomorrow), who collected $1 billion from the state over 20 years, gave lots of campaign donations, but declared bankruptcy when the state auditor asked him to refund millions for phantom students?

We know all this. We know that students in virtual charter schools get low scores, have low graduation rates, collect generous public funding, but the money keeps flowing. Why?

New story: Indiana.

A federal grand jury returned indictments against the operators of two online charter schools in Indiana, the Indiana Virtual School (IVS) and the Indiana Virtual Pathways Academy (IVPA). The operators inflated their enrollments to collect state monies. Each defendant faces 10-20 years in federal prison for each count if convicted. The charges are conspiracy to commit wire fraud, wire fraud, and money laundering. The group received over $44 million from the state. Most of the students either never attended the schools or left but remained on the rolls.

FOX 59 in Indianapolis reported:

INDIANAPOLIS — Officials with the U.S. Attorney’s Office for the Southern District of Indiana released more information about a recent indictment brought forward in a multi-million dollar education-related fraud scheme.

According to the office, three men were officially indicted in relation to the scheme, including:

  • Tom Stoughton, 74, a Carmel resident who was indicted on 16 counts of wire fraud, 57 counts of money laundering and one count of conspiracy to commit wire fraud
  • Phillip Holden, 62, a Middletown resident who was indicted on 16 counts of wire fraud and one count of conspiracy to commit wire fraud
  • Percy Clark, 81, a Carmel resident and the former superintendent of Lawrence Township schools, who was indicted on 16 counts of wire fraud, 11 counts of money laundering and one count of conspiracy to commit wire fraud.

In addition, officials said that 61-year-old Christopher King, a Green Fork resident, pleaded guilty to one count of conspiracy to commit wire fraud.

According to previous reports, officials allege that the individuals named in the indictment received more than $44 million in funding from the Indiana Department of Education to operate two online charter schools: the Indiana Virtual School and the Indiana Virtual Pathways Academy.

Officials said that IVPA was an offshoot of IVS that was created in 2017 so IVS could avoid losing its charter with Daleville Community Schools. This comes after IVS reportedly received an F grade from the Indiana Department of Education.

The individuals listed in the indictment reportedly used fraudulent enrollment reporting methods to receive funding from the state that they were not owed nor supposed to be eligible for.

Between 2016 through 2019, the defendants submitted false numbers for more than 4,500 students they knew were not attending either school in order to receive state tuition reimbursement.

”The members of the conspiracy falsely claimed thousands of students were enrolled even though those students were not attending classes or receiving services,” Zachary Myers, the U.S. Attorney for the Southern District of Indiana, said.

The court documents state that the school did not unenroll students even if they were inactive, and reportedly pushed incomplete student applications through the enrollment process, both of which increased the enrollment numbers. This included students who had dropped out or those who never completed their application process, as well as students who never logged in for classes. It also included students who never knew they were reenrolled….

The two schools reportedly paid the state funds to fraudulent for-profit companies, the U.S. Attorney’s Office for the Southern District of Indiana claims. The companies were reportedly controlled and/or operated by Stoughton and the money was funneled through the companies to pay millions of dollars to Stoughton, Clark, King and others.

Myers said the defendants used the funds to purchase vehicles and boats, as well as pay for private school tuition. 

Herbert Stapleton, a special agent in charge with the FBI in Indianapolis, said that the cooperation with other agencies, including the State Board of Accounts in Indiana, was integral in starting this investigation and uncovering the potential fraud. 

Stapleton said that this case was “extremely complex,” including hundreds of thousands of records potentially relevant to the case that were analyzed and categorized. This included hundreds of interviews with fraudulently enrolled students and their parents, including an interview with parents whose student died but was still fraudulently enrolled at the school.

This is a refreshing column: Michael Tomasky writes for the New Republic on Substack that Trump is losing it. At the moment of his greatest triumph, facing a clear path to the Republican nomination, he is cracking up. Sad.

Tomasky writes:

The political conventional wisdom is hard to define sometimes. Usually it’s one of those things that’s just there, like your body temperature. You feel it but don’t notice it. And then, bam, you feel hot, you get the chills, and that’s the moment you know you’re getting sick. Something has shifted, and suddenly you notice this thing you rarely think about.

That’s how this week felt with regard to the conventional wisdom. A week ago, Donald Trump was the clear favorite to win in November, and of course he may yet—the polls are close and will remain so. But also, a week ago, Trump had a lot of wind in his sails coming off his smashing Iowa win, and Joe Biden was a doddering old man with a mixed-at-best economic record.

There was no huge sea change this week. But there’s also no question that those scripts started to flip, in two important ways.

First and most important, Trump is now the one doddering his way toward dementia. He has been for a while, but the Nikki-Nancy moment, and Nikki Haley’s subsequent attack on Trump, finally forced the media to make Trump’s mental state into a running narrative. The column I wrote Monday about this did monster traffic, which I note not to boast but by way of observing that the readership means that a lot of people were obviously thinking the same thing.

On Morning Joe, cable’s most influential show in setting the conventional wisdom, they’ve been just merciless about Trump’s addled brain. The Biden campaign put together a very funny ad mocking Trump. And over the rest of the week, Le Grand Orange (apologies, Rusty!) did not disappoint. There was that nutso social media binge against E. Jean Carroll—37 posts in two hours, Wednesday night. Then there was his ridiculous testimony at the Carroll defamation trial, where he was on the stand for three minutes and managed to defy the judge’s instructions twice. Then there was his absurd whining Thursday as he left the courtroom, repeating three times, “This is not America.” No, asshole, this is actually the best version of America. A courtroom is the one place where your lies and slander don’t fly.

Trump’s brain is turning into Jell-O before our eyes. No, not just Jell-O, but one of those ’60s Jell-O molds your mother (or grandmother) made, with cottage cheese and fruit and chunks of canned tuna and olives and a few mystery ingredients for good measure. And it’s not like there’s any chance he’s going to be pulling himself together. The pressure is building, and fast. This month, two judges, Lewis Kaplan in the Carroll case and Arthur Engoron in the fraud case, will announce the size of the damage awards they want Trump and his businesses to pay in those cases. Carroll seeks $10 million. New York Attorney General Letitia James seeks $370 million in the fraud case.

Neither judge seems especially seduced by Trump’s alleged charisma. So let’s say Kaplan socks him with $15 million and Engoron with, oh, $450 million. Hardly implausible. Both are supposed to happen within a matter of days.

Then there’s the campaign trail. Trump is going to win the GOP nomination, sure, but Haley has stepped up her attacks—apparently realizing that now that it’s a two-person race, the only chance she stands is to finally go after her opponent, especially now that he’s calling her “Birdbrain” and mocking her fashion choices. “I know that’s what he does when he is threatened, and he should feel threatened, without a doubt,” she told a South Carolina crowd.

Trump will dispatch Haley in the February 24 primary in that state—and then, possibly, he’ll turn right around and face Jack Smith’s prosecutors in a Washington courtroom the next week. The trial date is March 4, although that’s up in the air, pending the resolution of a pretrial motion. So Trump’s going to be winning primaries—that is, inside the hall of mirrors that is the Republican Party faithful—while out in the real world he’s going to be losing in court, and losing what’s left of his mind. Now that Trump’s mental condition is fair game, he’s just going to deteriorate even more—a self-reinforcing downward spiral into the quicksand of his cankered soul.

The second change, even more important albeit less fun to talk about, has to do with the reality—and the perceptions—of the economy. I won’t throw a bunch of numbers at you, but: gas prices down, Dow setting a new record above 38,000, and a great (not good—great) GDP report this week. More important still were those recent numbers showing that consumer confidence is up more over the last two months than during any two-month period since 1991. Think about that. Thirty-three years. In 1991, Taylor Swift and Travis Kelce were being potty-trained (though not together!), and Patrick Mahomes wasn’t born.

All this is why Punchbowl News, a reliable reflector of conventional wisdom, led its Friday morning newsletter with “Dems get ready to run on the economy.” Think they would have done that even a week ago?

And by the way, what is Trump’s reaction to this? To say he wants the economy to crash. He wants Americans to lose jobs and health care and houses and small businesses. If that’s not fodder for a 30-second ad, or about a dozen of them, Democratic operatives are more asleep than usual.

Timothy Snyder is outraged that Republicans in Congress refuse to send more aid to Ukraine unless there is a border deal, and have decided to help Trump by refusing to agree to a border deal. Trump insists: no border deal because it will make Biden look good. This is sickening.

But we can help.

He writes:

It’s a frustrating time for Americans who support Ukraine. Congressional Republicans said that they support Ukraine, but want to connect it to the border. Then, when given the chance to address the border, they decline.

During these gaslit shenanigans, good people who are fighting a defensive war of tremendous historic significance are being killed when they might have lived.

It is sad to recite all the ways that Ukrainian resistance serves US interests. Sad because not enough people in Congress care about US interests. And sad because one shouldn’t even have to refer to them.

It is rare to have a chance to halt a war of aggression and prevent a genocidal occupation at zero risk and with the loss of zero soldiers. That level of moral clarity, available once in any political lifetime, ought to be reason enough to act.

Even if they do not care for others, Americans ought to at least care for themselves.

white-and-brown sunflower field during daytime

They should care that they do well from an international order in which it is not normal for countries to invade one another. Ukrainians defend that. Americans should care that the risk of nuclear war has been reduced. Ukrainians achieve that by resisting Putin’s nuclear blackmail. Americans should care that the chance of war in Europe has been drastically reduced. Ukraine is fulfilling by itself the entire NATO mission, absorbing and blunting a Russian attack. Americans should care that China is being deterred. So long as Ukraine resists, it is much less likely that Taiwan will be threatened and America will be drawn into a war in the Pacific.

The money in question has not been significant. It is a nickel on the defense department dollar. Much of that nickel remains in the United States. The weapons we send have been used extraordinarily efficiently. The Ukrainians, with symbolic numbers of American weapons, have used them withe extraordinary skill and to great effect.

We can hope that these arguments will matter at some point! And perhaps they will.

In the meantime, we can at least act as civil society. Please help me finish my Safe Skies project. It funds a passive drone detection system, one that is already protecting four Ukrainian regions and is now being extended to another four. It allows Ukrainians to find Iranian-made or -modelled drones and shoot them down before they cause harm. It also works on cruise missiles. I have seen the system’s components when I was in Ukraine, and I know how it works. Like so much that the Ukrainians do, the system is very cost effective. $1.8 million was the total amount to be raised, and we are about 90% there.

Amidst all the ill will, it would be good to have something to celebrate. Thanks to all of you who have contributed. Most drone attacks are now halted, and in this way critical infrastructure is protected and people are kept alive.

America as a country can do much more, and should. But as Americans this is one thing we can achieve now. We are almost there.

PS: In saying all this, I don’t at all want to leave out all of you from beyond the United States, and it is a very significant number, who have contributed to this campaign! Thank you. This is just a particular moment when Americans might want to take the matter in hand.

The Houston Chronicle reported on a study that showed one of the consequences of a state law that does not permit women who are the victims of rape or incest to obtain an abortion. In addition, teen births rose for the first time in 15 years.

Texas saw an estimated 26,313 rape-related pregnancies during the 16 months after the state outlawed all abortions, with no exceptions for survivors of rape or incest, according to a study published Wednesdayin the Journal of the American Medical Association.

That’s the highest figure among the 14 states with total abortion bans, with Texas having the largest population, according to the study.

“Survivors who need abortion care should not have their reproductive autonomy further undermined by state policy,” said one of the authors, Dr. Kari White, of the Texas-based Resound Research for Reproductive Health…

Following the June 2022 Supreme Court ruling that overturned Roe v. Wade, the researchers estimated there were 519,981 rapes associated with 64,565 pregnancies during the four to 18 months after states implemented total abortion bans. Of those pregnancies, an estimated 5,586 occurred in states with exceptions for rape and 58,979 in states with no exceptions.

Of the five states with rape exceptions, strict gestational limits and requirements to report the rape to law enforcement make it harder for most survivors to qualify, the study said. There were 10 or fewer legal abortions per month in the five states with rape exceptions, the study said, indicating that survivors with access to abortion care still cannot receive it in their home state…

Behind Texas, the states with the highest totals were Missouri (5,825), Tennessee (4,990), Arkansas (4,660), Oklahoma (4,530), Louisiana (4,290) and Alabama (4,130).

As a woman and a mother, I cannot understand a law requiring a woman to bear her rapist’s baby. The child would be a daily reminder of a terrible act of violence. I know what my decision would be. Other women may feel differently. Each woman in that situation should be allowed to decide what to do.