Archives for category: Accountability

When Trump promised to shut down the U.S. Department of Education during his campaign, he must have known that he couldn’t close down a department without Congressional approval. Everyone else knew it. He brought in wrestling entrepreneur Linda McMahon as Secretary of Education to preside over the Department’s demise. He never sought Congressional approval.

Elon Musk’s DOGS team did the dirty work, laying off half the Department’s employees, some 1300 people.

The most severely affected offices were the Federal Student Aid office, the Office for Civil Rights, and the Institute for Education Sciences (which oversees federal research and NAEP). The IES was eliminated, leaving future administrations of NAEP in doubt and disemboweling the government’s essential historic role in compiling data about education.

But today a federal judge ruled that the shuttering of ED was wrong and that everyone laid off should be rehired. Bottom line: a President can’t close a Congressionally authorized department by executive order.

WASHINGTON (AP) — A federal judge on Thursday blocked President Donald Trump’s executive order to shut down the Education Department and ordered the agency to reinstate employees who were fired in mass layoffs.

U.S. District Judge Myong Joun in Boston granted a preliminary injunction stopping the Trump administration from carrying out two plans announced in March that sought to work toward Trump’s goal to dismantle the department. It marks a setback to one of the Republican president’s campaign promises.

The injunction was requested in a lawsuit filed by the Somerville and Easthampton school districts in Massachusetts and the American Federation of Teachers, along with other education groups.

In their lawsuit, the groups said the layoffs amounted to an illegal shutdown of the Education Department. They said it left the department unable to carry out responsibilities required by Congress, including duties to support special education, distribute financial aid and enforce civil rights laws.

In his order, Joun said the plaintiffs painted a “stark picture of the irreparable harm that will result from financial uncertainty and delay, impeded access to vital knowledge on which students and educators rely, and loss of essential services for America’s most vulnerable student populations.”

Layoffs of that scale, he added, “will likely cripple the Department.”

Joun ordered the Education Department to reinstate federal workers who were terminated as part of the March 11 layoff announcement.

The Trump administration says the layoffs are aimed at efficiency, not a department shutdown. Trump has called for the closure of the agency but recognizes it must be carried out by Congress, the government said.

The administration said restructuring the agency “may impact certain services until the reorganization is finished” but it’s committed to fulfilling its statutory requirements.

Jennifer Berkshire has both good news and bad news about vouchers. The idea of public funding for religious and private schools had some big wins this year, especially in Texas. But most vouchers are subsidizing kids who never attended public schools; that’s a feature, not a bug as it creates strong support for the giveaway among the highest-income people. But, lo! The real cost of have the state pay for everyone’s tuition is beginning to get the attention of taxpayers. And that could cause a backlash against welfare for the wealthy. Florida is already paying $4 billion a year for vouchers. Will taxpayers object?

She writes:

Champagne corks, storm clouds—I’m mixing my metaphors here. But as we survey the steaming wreckage of the 2025 state legislative sessions, both are present in spades. Let’s start with the popping corks: the school voucher movement really did notch some big wins this year, adding Tennessee, South Carolina, Idaho and the biggest prize of all, Texas, to the list of states with “education freedom.” Now add in the sneaky move to slip a voucher program that is really a tax shelter for the wealthy into the tax code and it’s easy to feel despondent, and not just about the future of public education. 

Listen in on the debates that played out in these states, though, and you’ll come away with a very different view. As the economy sours and the tide of red ink rises, alarm bells are sounding and a backlash is brewing.

Let’s start with a quick trip to my neighboring state, New Hampshire, where a familiar series of events has transpired. Now, in the Granite State, vouchers are known as Education Freedom Accounts, and they were sold to notoriously thrifty Yankees as a way to save money as students abandoned “government schools” for less expensive private religious schools, home schools, microschools. But nothing of the sort happened, leaving taxpayers to foot the bill for thousands of students who’d never attended public schools. Meanwhile, New Hampshire’s revenue situation has been deteriorating rapidly thanks to yet another round of slashing taxes on businesses. 

All of which adds up to some pretty bleak math as the state must now figure out how to pay for an expensive—and expanding—school voucher program even as New Hampshire’s budget pie keeps shrinking. Which is how GOP lawmakers seem to have landed on the worst of both worlds: an austerity budget that slashes funding for the state’s public higher education budget in order to pay for the cost of further undermining the state’s public education system. (If you’re wondering why this recipe sounds familiar, you’re thinking of Indiana, star of a recent episode of Have You Heard, and a cautionary tale about what happens when a state expands school choice while simultaneously cutting school funding and divesting from public higher education.)

Different state, same story

While the libertarian paradise known as New Hampshire may be unique, the dynamic playing out here is the same as in virtually every state that has now adopted school vouchers. 1) Ever-shifting goal posts regarding the purpose of these programs? Check. 2) Ballooning voucher costs as states now pick up the tab for students already attending private schools? Check. 3) Deep tax cuts on the wealthy and corporations, meaning less revenue to spend on public education and other social programs? Check. 

Consider Louisiana, which last year enacted the so-called LA GATOR program—short for Giving All True Opportunity to Rise. Now if you know anything about the recent history of school vouchers in Lousiana (spoiler: not good!), this is the time for a chuckle of the bitterest variety. What IS rising rapidly is the program’s cost—nearly $100 million in its second year, estimated to reach as much as $520 million as the program scales up. But when Governor Jeff Landry tried to collect the cash from lawmakers, something interesting happened. They said no, or at least, not so much. 

“I was not remotely expecting that,” [Senate President Cameron] Henry said about Landry seeking an extra $50 million for the program. “Somehow there was a misunderstanding, which we will rectify.” Despite Landry’s request, Henry said he will hold firm to spending roughly the same amount as vouchers cost this school year: $43.5 million “It will be no more” than that, he said, “because that was the original agreement.”

And it wasn’t just Louisiana. Over in Missouri, lawmakers axed their governor’s request for $50 million to scale up the voucher program known as MoScholars. The GOP senator behind the move offered a simple explanation. “I want to make sure that we’re fully funding our obligation to public schools before we start spending 10s of millions of general revenue dollars on private schools.”

If you’re wondering what’s going on, the answer is fairly simple. As voucher programs have ballooned in size and cost, they’ve become a bigger target, especially in states where they’re now hoovering up state funding at the expense of the public schools—which are still attended by most children in every state. And years of tax slashing in these same states is exacerbating what we might call the ‘pie’ problem. Factor in the worsening national economic forecast and things look even more dire. Texas, which is now on the hook for $1 billion a year to pay for vouchers, plummeting oil prices due to Trump’s tariffs is likely to lead to a recession as soon as this summer. 

Theory of change

As regular readers of this newsletter know, I’m an avid reader of conservative treatises. As I type, I’m surrounded by anti-public-education screeds by Pete Hegseth, Kevin Roberts, Betsy DeVos, and Corey DeAngelis. It’s the last one, Parent Revolution: Rescuing Your Kids from the Radicals Ruining Our Schools, that has proven to be a particularly useful guide to our times. How, for example, did school choice for the very wealthy become the civil rights cause of our times? Dr. DeAngelis explains:

“Allowing politically advantaged groups to benefit from the program is also a smart way to keep the policy protected for years to come.”

You see, there’s a theory here: that as monies grow scarce and one state after another devolves into a pitched battle over what’s left, the richest and most connected will fight the hardest to keep what’s theirs. For a preview of what this looks like, I recommend a pitstop in West Virginia, where lawmakers just wrapped up another session by shoveling money at tax cuts for the wealthy and school vouchers, while cutting programs that help people get clean water, find work after struggling with addiction and get child care. Oh well…

But for the theory of change to work, people have to want to live in a West Virginia-like reality, and I’m not at all convinced that that’s the case. Don’t believe me? Let’s head to Florida, which school choice proponents like to point to as a model for the rest of our states, and which now spends $4 billion a year on vouchers. Since the state made the program available to even the wealthiest Floridians, surprise, surprise, they’ve leaped at the opportunity to have tax payers pay their children’s private school tuition:

More than 122,000 new students started using vouchers for the first time in the 2023-24 school year, and nearly 70 percent were already in private school, many in some of Florida’s priciest institutions.

But Florida is also an example of the bad math, and shoddy assumptions, that drive the push for school privatization. As public education advocate and blogger extraordinaire Sue Woltanski has been tirelessly documenting, vouchers are indeed succeeding in defunding Florida’s public schools:

This isn’t because the money follows public school students fleeing to private options, but because, when families, whose children are ALREADY in private schools, are offered a tax-funded discount for their private school tuition, they flock to apply, and private schools encourage it.

As Sue keeps pointing out, the big flaw in the school choice lobby’s theory is that Florida’s public schools aren’t going away. A state that used to brag about how little it spent on its students is now funding two parallel education systems: “one for the nearly 3 million students still enrolled in public schools, and another for the hundreds of thousands already in private or home education, all out of the same funding formula.”

So what gives? The GOP’s solution is to slash funding for popular programs in public schools: AP, IB, CTE. When I asked a reader in Florida what he thought was motivating the lawmakers, he saw a longer-term conspiracy at work. Get rid of programs that parents care about and eventually they’ll abandon their local public schools. But that assumes that these parents are powerless and that lawmakers can eviscerate programs and institutions that matter to them without paying a price. I’m not so sure. 

A few weeks ago I had the pleasure of visiting Sarasota to speak to a group called Support Our Schools. SOS is a phenomenal advocacy group, and in partnership with a youth-led group that’s “organizing school boards to fight fascism, protect democracy, and build power from the ground up,” they’re having a real impact in a community that’s been ground zero for the right-wing takeover of public education. I headed south anticipating that my hosts would be despondent over the state of Florida and the nation, but what I found was the opposite. These local activists were energized, convinced that their cause—defending and strengthening public education—is finally breaking through. In their words, the situation for Florida public schools is now so dire that it’s impossible to ignore. 

Throughout my visit, one theme echoed repeatedly. A backlash is coming. It can’t come soon enough.

Writing in Slate, Dahlia Lithwick and Mark Joseph Stern criticize the big law firms that immediately caved to Trump’s demands to quash their diversity programs and pledge millions of dollars in pro bono work for Trump’s causes. They were singled out for punishment by Trump in executive orders because they dared to represent his political enemies.

In the present crisis of American law, judges have been overwhelmingly strong in upholding the rule of law over the demands of an egotistical, lawless president. Over 200 lawsuits have been filed against the Trump administration, which has so far not gone well for Trump. Judges have been targets of abuse, intimidation, even death threats directed at them and their families.

The authors single out Judge Beryl Howell for her fearless defense of the right of lawyers to represent their clients regardless of their political views.

They write:

Last Friday, U.S. District Judge Beryl Howell deftly knit together the professional obligations of the bench to the bar when she handed down a 102-page opinion in favor of one of these fighting firms, Perkins Coie, handing it a massive victory that carried a deeper lesson for the entire legal profession. Howell’s decision is noteworthy for all manner of things, but perhaps the most important aspect is that it serves as a clarion call for lawyers—meaning every lawyer in the country—to find their way to doing the work of democracy. The judge highlighted the “importance of independent lawyers to ensuring the American judicial system’s fair and impartial administration of justice,” a role “recognized in this country since its founding era.” She condemned the administration’s “unprecedented attack on these foundational principles.” And she praised Perkins Coie for defending its lawyers’ right “to represent their clients vigorously and zealously, without fear of retribution from the government simply for doing the job of a lawyer.” Howell also gave credit to the hundreds of lawyers who filed amicus briefs on behalf of the firm, including a cross-ideological array of lawyers, former government officials, and retired judges, reflecting the profession’s near-unanimous revulsion at the prospect of singling out firms based on the clients they choose to represent.

But Howell went out of her way to cast doubt upon the capitulating firms that took Trump’s deal, for possibly compromising their own legal ethics. Describing Trump’s threat that “lawyers must stick to the party line, or else,” she wrote, archly: “This message has been heard and heeded by some targeted law firms, as reflected in their choice, after reportedly direct dealings with the current White House, to agree to demand terms, perhaps viewing this choice as the best alternative for their clients and employees.” Some clients, she noted, “may harbor reservations about the implications of such deals for the vigorous and zealous representation to which they are entitled from ethically responsible counsel”—an extraordinary warning to these clients that their lawyers may no longer be defending their best interests. And to make her position perfectly clear, the judge added: “If the founding history of this country is any guide, those who stood up in court to vindicate constitutional rights and, by so doing, served to promote the rule of law, will be the models lauded when this period of American history is written.”

Howell’s opinion serves as the most important reminder to date that in this constitutional moment, those trained to operate within the law and those who swear oaths to defend it have a singular and critical role to play. The days of “I just do mergers and acquisitions” are behind us, sports fans. If America were experiencing a national tooth-decay crisis, the dentists would be on the front lines; and were it experiencing a sweeping leaky-pipe epidemic, the plumbers would be on the front lines. Given that we are in the throes of the greatest legal disaster the country has faced in many Americans’ lifetimes, it might be a good idea for the nation’s attorneys to begin to understand that they have a role to play too. Howell, meanwhile, holds no quarter for those who would seek to be neutral. If you have the tools to fight lawlessness and you opt not to use them at this moment in history, you are emphatically still taking a side.

It is hard to read Howell’s opinion without worrying that some judge somewhere will find it too sweeping, too polemical, and too teeming with overinflated claims about the centrality of attorneys in American life. (She quoted Alexis de Tocqueville’s observationthat in the early United States, “the authority … intrusted to members of the legal profession … is the most powerful existing security against the excesses of democracy.”) What Howell seems to understand, with as much force as de Tocqueville, is that those entrusted to protect against the “excesses of democracy” are not going to have the luxury of appearing “neutral” much longer, or even just tamping down criticism by avoiding flowery prose in favor of more anodyne wrist slaps. Effective immediately, the defenders of the rule of law are those who went to school to understand it, who get paid to fight for it, and who swear an oath to uphold it.

During Biden’s term in office, Republicans continually complained that Biden was “weaponizing” the Justice Department because it prosecuted Trump for inciting the insurrection of January 6, 2021, and for taking classified documents to his Mar-A-Lago estate.

Days ago, the Trump administration announced that it had reached a settlement with the family of Ashli Babbitt, who was shot and killed by a police officer as she attempted to be first to break into the House of Representatives’ chamber, where members of Congress were fleeing. The family is suing for $30 million. The police officer who shot her was defending the lives of our elected representatives, both Democrats and Republicans. It’s hard to imagine any other administration, whatever the party in power, paying off the family of a woman leading a mob into the House chambers to stop the electoral vote count.

Now that Trump is president again, he has turned the Departnent of Justice into his personal law office and assigned it the mission of prosecuting anyone whoever dared to cross Trump.

Trump is gleefully using his powers to weaponize the Department of Justice and to punish his political enemies. Not a peep from the Republicans, who unjustly accused Biden of doing what Trump is literally doing.

Trump has issued executive orders targeting law firms who had the nerve to represent Democrats or other Trump critics. His orders barred lawyers from those firms from federal buildings and directed the heads of all federal agencies to terminate contracts with the firms he designated. Several major law firms, fearful of being blocked from any federal cases, immediately capitulated. Trump exacted a price for releasing them from his attack: they had to agree to perform pro bono work on behalf of causes chosen by Trump. He currently has close a billion dollars of legal time pledged to him by those law firms that feared his wrath.

Individuals targeted by Trump must either find a lawyer who will represent them pro bono or face personal bankruptcy, that is, if they can find a lawyer willing to take on the Trump administration.

A few law firms have resisted Trump’s tyranny, and one of them–Perkins Coie–won a permanent injunction to block the enforcement of Trump’s ban. Perkins Coie represented Hillary Clinton in 2016, as well as George Soros. U.S. District Judge Beryl Howell said that Trump’s attacks on specific law firms, based on the clients they represented, were unprecedented and unconstitutional.

Judge Howell cited the example of John Adams, who represented the British soldiers accused of killing five colonists in the Boston Massacre of 1770. In two separate trials, Adams prevailed. He believed that everyone deserved a good lawyer and that they had been provoked into firing. Adams was a patriot and a man who defended the law. He was not stigmatized for defending the British soldiers.

An issue that Judge Howell raised but set aside for another time was whether Trump’s orders, which single out specific groups or individuals for punishment without trial are bills of attainder, which the Constitution forbids. They surely look like it, and this issue will come up again in the future.

As law professor James Huffman wrote in The Wall Street journal about Trump’s targeting of law firms:

A presidential bill of attainder places the powers of all three governmental branches in the hands of one man. As James Madison wrote in Federalist No. 47: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands . . . may justly be pronounced the very definition of tyranny.”

Paul Rosenzweig, who worked in the George W. Bush administration, wrote in The Atlantic about Trump’s destruction of the rule of law, which he has twisted into an instrument of retribution for his personal grudges.

He writes:

When Thomas Paine asked what made America different from England, he had a ready answer: “In America, the law is king.” America has not always upheld that ideal, but, taking the long view, it has made great progress toward that principle. In recent decades, the Department of Justice has become an institutional embodiment of these aspirations—the locus in the federal government for professional, apolitical enforcement of the law, which is in itself a rejection of the kingly prerogative. That is why Donald Trump’s debasement of the DOJ is far more than the mere degradation of a governmental agency; it is an assault on the rule of law.

His attack on the institution is threefold: He is using the mechanisms of justice to go after political opponents; he is using those same mechanisms to reward allies; and he is eliminating internal opposition within the department. Each incident making up this pattern is appalling; together, they amount to the decimation of a crucial institution.

Investigations should be based on facts and the law, not politics. Yet Trump has made punishing political opposition the hallmark of his investigative efforts. The DOJ’s independence from political influence, long a symbol of its probity (remember how scandalous it was that Bill Clinton had a brief meeting with Attorney General Loretta Lynch?), is now nonexistent.

This development should frighten all citizens, no matter what their political persuasion. As Attorney General Robert Jackson warned in 1940, the ability of a prosecutor to pick “some person whom he dislikes and desires to embarrass, or selects some group of unpopular persons and then looks for an offense, [is where] the greatest danger of abuse of prosecuting power lies.” Choosing targets in this way flies in the face of the DOJ’s rules and traditions—to say nothing of the actual, grave harm it can inflict on people.

Far from eschewing the possibility of abuse, Trump and his allies at the Department of Justice positively revel in it. The most egregious example was Trump’s recent issuance of an executive order directing the government to investigate the activities of two of his own employees in the first administration, Chris Krebs and Miles Taylor, who later came to be political opponents of his. (Both men are friends and colleagues of mine.)

Their offense of perceived disloyalty is perhaps the gravest sin in Trump world, and as a result, they will now be individually targeted for investigation. The personal impact on each of them is no doubt immediate and severe. Krebs, who is a well-respected cybersecurity leader, has quit his job at SentinelOne and plans to focus on his defense. If Trump’s DOJ pursues this investigation to the limit, the two men could face imprisonment.

The cases of Krebs and Taylor do not stand in isolation. Recently, the U.S. attorney in New Jersey (Trump’s former personal attorney Alina Habba) launched an investigation into the state of New Jersey for its alleged “obstruction” of Trump’s deportation agenda. In other words, because New Jersey won’t let its own employees be drafted as servants of Trump’s policy, the state becomes a pariah in Trump’s mind, one that must be coerced into obedience.

Meanwhile, Attorney General Pam Bondi has announced that the U.S. government is suing Maine because of the state’s refusal to ban transgender athletes from playing on girls’ high-school sports teams. Not content with threatening Maine, Bondi has also announced an investigation of the Los Angeles Sheriff’s Office because of its alleged opposition to the Second Amendment and its “lengthy” process for approval of gun permits. And she recently announced that she would target leakers of classified information by going after journalists, rescinding a policy that protected journalists from being subpoenaed to assist government-leak investigations.

But the most aggressive abuser of the criminal-justice system has to be the interim U.S. attorney for the District of Columbia, Ed Martin. Martin has asked the FBI to investigate several of President Joe Biden’s EPA grantees for alleged fraud—a claim so weak that one of Martin’s senior subordinates resigned rather than have to advance it in court. He has also begun to investigate, or threatened investigations of, Georgetown UniversitySenator Charles Schumer, and Representatives Eugene Vindman and Robert Garcia, among others. More recently, in mid-April, Martin sent a series of inquiry letters to at least three medical and scientific journals, asking them how they ensured “competing viewpoints,” with the evident intention of suggesting that the failure to include certain minority opinions was, in some way, content discrimination.

A less-well-known example of Martin’s excess is his use of threats of criminal prosecution to empower DOGE. When DOGE was first denied entry into the U.S. Institute of Peace, one of the lawyers for USIP got a call from the head of the U.S. attorney’s criminal division, threatening criminal investigation if they didn’t allow DOGE into the building. Magnifying that power of criminal law, Martin sent D.C. police officers to the agency, telling the police that there was “an ongoing incident at the United States Institute of Peace” and that there was “at least one person who was refusing to leave the property at the direction of the acting USIP president, who was lawfully in charge of the facility,” according to the journalist Steve Chapman.

A final example of DOJ overreach is, perhaps, the most chilling of all. In a recently issued presidential memorandum, Trump directed the attorney general to “investigate and take appropriate action concerning allegations regarding the use of online fundraising platforms to make ‘straw’ or ‘dummy’ contributions and to make foreign contributions to U.S. political candidates and committees, all of which break the law.” Were the investigation neutral in nature, this might be understandable. But it isn’t.

In fact, there are two major fundraising platforms in use—WinRed (the Republican platform) and ActBlue (the Democratic one). Even though WinRed has been the subject of seven times as many FTC complaints as ActBlue, the Trump memorandum involves only the latter. By targeting his opponents’ fundraising, Trump is overtly marshaling the powers of federal law enforcement in his effort to shut down political opposition.

In essence, Trump is using the department to try to ensure future Republican electoral victories. One can hardly imagine a more horrifying variation on Lavrentiy Beria’s infamous boast: “Show me the man and I’ll show you the crime.”

There is more to the article. I encourage you to read it in full.

Project 2025’s section on education proposes that the U.S. Department of Education’s largest funding streams for K-12 schools be turned into block grants to the states with minimal oversight. The two big programs are Title 1 for poor kids and the funding for students with disabilities (IDEA).

The states would be free to convert these funds into vouchers, instead of spending them on low-income students or students with disabilities.

The National Education Association explains here:

Block Grant Overview

Typically, the deal between the federal government and states when specific program funds are block-granted is that the federal government will provide less funding in return for less regulation and requirements. With less regulation, the assumption is that states should be able to do as much or more with less money. While it may be appealing initially to those who administer federal grants at the state and local level, in reality, fewer dollars mean fewer programs and services. States and school districts may have more flexibility in using federal funds but it comes at the expense of the students the federal grant program was designed to help in the first place.

 Many states already underfund their commitment to public education. If states and districts don’t cover the shortfall, students receiving Title I and IDEA services will suffer. Furthermore, both Title I and IDEA have maintenance of effort and supplement, not supplant requirements to ensure states and districts hold up their levels of spending when receiving federal funds. Those requirements will fall away, too, and, most likely, so will the funding commitments by states and districts.

Title I of the ESEA and IDEA were created to ensure all students have equal access to an education, regardless of family income or disability. Many states were failing to adequately educate students in these populations, if at all. The federal role here was clear: where a student lived or their circumstances should not determine the quality of their education. ESEA and IDEA enshrined this principle and attached specific conditions and requirements that states must follow, in return for federal financial assistance, to ensure that students from lower-income families and communities and those with disabilities have the same opportunity to learn as any other student. “No-strings-attached” block grant funding turns the clock back 60 years on education policy and progress, and turns its back on our nation’s commitment to educating all students. While one would like to think that we can trust states to do the right thing on behalf of all students, history tells us differently. 

Providing states with federal aid and fewer requirements leaves the door open for states to do as they wish. Title I of ESEA and IDEA include important requirements and protections for students and families precisely because they were lacking previously. At its core, the Department of Education is a civil rights agency, providing dollars, regulations, requirements, guidance, technical assistance, research, monitoring, and compliance enforcement to preserve and protect students’ access to a free and appropriate education. Strip it away, and you strip away the rights of certain students to a meaningful education.  

 

Why did Trump run for President in 2024?

  1. To stay out of jail.
  2. To destroy our government.
  3. To make money.

All three answers are correct. Michael Tomasky, editor of The New Republic, recounts the latest financial scandal associated with Trump–the sale of Trump crytocurrency that is pulling billions into family pockets. And he tries to figure out why the story appears to have faded, instead of blowing up as a mind-boggling violation of the emoluments clause. That’s the part of the Constitution that says Presidents are not supposed to be getting rich by being President, especially by any sort of gift from foreign powers. Trump evaded that restriction in his first term, when he owned the hotel closest to the White Hiuse, and visiting potentates rented the most lavish suites. That was small potatoes. An investment firm in Abu Dhabi just put $2 billion into Trump cryptocurrency. Tomasky asks: does anyone care?

He writes:

Nicolle Wallace had Scott Galloway on her MSNBC show Thursday. She began by asking him what he makes of this moment in which we find ourselves. Galloway, a business professor and popular podcaster, could have zigged in any number of directions with that open-ended question, so I was interested to see the direction he settled on: “I think we essentially have become a kleptocracy that would make Putin blush. I mean, keep in mind that in the first three months, the Trump family has become $3 billion wealthier, so that’s a billion dollars a month.”

Stop and think about that. A presidency lasts, of course, 48 months (at most, we hope). Trump has been enriching himself at an unprecedented scale since day one of his second term—actually, since just before, given that he announced the $Trump meme coin a few days before swearing to protect and defend the Constitution.

And now, we know that he’s having a dinner at Mar-a-Lago in two weeks for his top $Trump investors, whose identities we may never know. How might these people influence his decisions? This whole arrangement is blatantly corrupt. And The New York Times had a terrific report this week about Don Jr. and Eric going around the world (Qatar, United Arab Emirates, Saudi Arabia) making deals from which their father will profit.

I read these stories, as I’m sure you do, and I think to myself: How on earth is he getting away with this? It’s the right question, but we usually concentrate on the wrong answer.

For most people, they think first of the Democrats, because they’re the opposition, and by the traditions of our system they’re the ones who are supposed to stop this, or at least raise hell about it. Second, we might think about congressional Republicans, who, if they were actually upholding their own oaths to the Constitution, would be expressing alarm about this.

They both shoulder some blame, but neither of those is really the answer. Every time I ask myself how he gets away with this, I remember: Oh, right. It’s the right-wing media. Duh.

After the election, I wrote a column that went viral about how the right-wing media made Trump’s election possible. Fox News, most conspicuously, but also Newsmax, One America News Network, Sinclair, and the rest, along with the swarm of right-wing podcasters and TikTokers, created a media environment in which Trump could do no wrong and Kamala Harris no right.

Think back—I know you’ve repressed it—to that horror-clown-show Madison Square Garden rally Trump held the week before the election. It was, as the Times put it, a “carnival of grievances, misogyny, and racism.” A generation or two ago, that would have finished off his campaign. Last year? It made no difference. No—it helped. And it helped because a vast propaganda network—armed with press passes and First Amendment protections—spent a week gabbing about how cool and manly it was.

Newsflash: They’re still at it.

First of all, Fox News is basically the megaphone of the Trump administration. In Trump’s first 100 days in office, key administration officials, reports Media Matters for America, appeared on Fox 536 times. That, obviously, is 5.36 times per day; in other words, assuming that a cable news “day” runs from 6 a.m. to midnight, that’s one administration official about every three hours. I’ve seen occasional clips where the odd host challenges them on this point or that, but in essence, this is a propaganda parade.

I tried to do some googling to see how Fox is covering the meme coin scandal. Admitting that Google doesn’t catch everything, the answer seems to be that it’s not. On the network’s website, there was a bland January 18 article reporting that he’d launched it; an actually interesting January 22 piece summarizing a critical column by The Washington Post’s Catherine Rampell, who charged that it was an invitation to bribery; and finally, an April 24 report that the coin surged in value after Trump announced the upcoming dinner—“critics” were given two paragraphs, deep in the article. (Interesting side note: Predictably, other figures on the far right have aped Trump by launching their own coins, among them former Proud Boys leader Enrique Tarrio and “QAnon Shaman” Jacob Chansley.)

But it’s not just Fox, and it’s not just on corruption. It’s all of them, and it’s on everything. You think any of them are mentioning Trump’s campaign promise to bring prices down on day one, or pointing out that all “persons” in the United States have a right to due process? Or criticizing his shambolic tariffs policies? I’m not saying there’s never criticism. There is. But the thrust of the coverage is protective and defensive: “Expert Failure & the Trump Boom” was the theme of one recent Laura Ingraham segment.

So sure, blame Democrats to some extent. A number of them are increasingly trying to bring attention to the corruption story, but there’s always more they could be doing. (By the way, new DNC Chair Ken Martin announced the creation one month ago of a new “People’s Cabinet” to push back hard against Trump. Anybody heard of it since?)

And of course, blame congressional Republicans. Their constitutional, ethical, and moral failures are beyond the pale, and they’re all cowards.

But neither of those groups is the reason Trump can throw a meme coin party and nothing happens; can send legal U.S. residents to brutal El Salvador prisons; can detain students for weeks because they wrote one pro-Palestinian op-ed; can shake down universities and law firms; can roil the markets with his idiotic about-faces on tariffs; can whine that bringing down prices is harder than he thought; can empower his largest donor, the richest man in the world, to take a meat-ax to the bureaucracy in a way that makes no sense to anyone, and so much more.

It’s all because Trump and his team operate within the protective cocoon of a media-disinformation environment that allows just enough criticism to retain “credibility” but essentially functions as a Ministry of Truth for the administration that would have shocked Orwell himself.

And just remember—a billion dollars a month.

Don’t be surprised to see Trump-branded stuff on the White House website any day now. Trump Bibles, Trump sneakers, MAGA hats, Trump watches, Trump trading cards, etc. why not?

Secretary of Homeland Security Kristi Noem testified before the Senate Appropriations Committee’s Subcommittee on Homeland Security a few days ago. During the hearing, Senator Chris Murphy gave her a stern lecture on all the ways she is breaking the law–by overspending her budget, by picking up and deporting people with legal status, by ignoring the due process rights of those detained, and by repeatedly breaking the law and defying Congress.

It’s five minutes of your time, time well spent.

Ooops! State Commissioner Betty Rosa Did NOT write this great statement. It was written by a top deputy in her office named Jim Baldwin. She called to let me know after it was posted.

She sent the letter to me, and I assumed that she wrote it because she did not mention anyone else. I asked for her permission to post it, and she said yes. It never occurred to me that she was not the author. She does endorse the point of view!

Here is the original post:

Dr. Betty Rosa has a long career in education as a teacher, principal, District Supervisor, Chair of the New State Regents and now the New York Commissioner of Education, selected by the Regents. She believes strongly that all schools should meet state standards, including the politically powerful yeshivas run by ultra-Orthodox Jews. They are politically powerful because they vote as a bloc. Presently they are loyal to Trump because of his commitment to giving taxpayer dollars to religious schools. At the state level, the yeshivas want to be free of the state requirement that they teach their students in English.

The Hasidic community was eager to persuade legislators to lower the standards for their schools. The State Education Department demanded that they comply with state law and provide a “substantially equivalent” education to their students. They prefer to teach in Hebrew or Yiddish or both. Yesterday the New York Times reported that Hochul was going along with the Hasidim. Terrible! She wants to run again, and she wants their support in 2026.

Jim Baldwin, who is a deputy to State Commissioner of Education Dr. Betty Rosa, wrote the following letter to Governor Hochul:

Governor Hochul – you and legislative leaders have sold out children attending private schools in a most cynical manner- to curry favor with religious sects for purely political reasons.

The deficiencies in these schools are well documented by the State Education Department and in the media – most notably the New York Times. I know you are well aware of those findings.

As a former superintendent of schools and college president I encountered the deficiencies in yeshiva education first hand as we sought to help orthodox students achieve college degrees following “education” at a variety of yeshivas and seminaries. The yeshiva graduates were often illiterate, and could not demonstrate basic knowledge and skills let alone do college level studies. How could you allow this to continue?

Your failure to protect these children demonstrates lack of leadership and unwillingness to defend the basic rights of children to standards based educational opportunities that prepare them for life.

And then you have the audacity to pretend what you’ve done is just another option when it is a sham that will allow educational neglect to continue.

I have a long history of public service and educational leadership that put the interests of students first.

As a lifelong activist Democrat I am disgusted that you would not demonstrate principled leadership to stop this travesty.

Your attempt to appease the religious leaders who threaten your electoral success will almost certainly fail – and in the process you have alienated a significant number of us who would otherwise have voted for you once again.

Shame on you Governor.

Bravo, Dr. Rosa!

Heather Cox Richardson recounts the important exchanges between the new Pope, Leo XIV, and JD Vance, on the subject of immigrants. Vance, a convert to Catholicism, described Catholic doctrine and was quickly rebuffed at the time both by Pope Francis and by the future Pope. So, JD Vance has the dubious distinction of being rebuffed by two Popes!

She writes:

Today, on the second day of the papal conclave, the cardinal electors—133 members of the College of Cardinals who were under the age of 80 when Pope Francis died on April 21—elected a new pope. They chose 69-year-old Cardinal Robert Prevost, who was born in Chicago, thus making him the first pope chosen from the United States. But he spent much of his ministry in Peru and became a citizen of Peru in 2015, making him the first pope from Peru, as well.

New popes choose a papal name to signify the direction of their papacy, and Prevost has chosen to be known as Pope Leo XIV. This is an important nod to Pope Leo XIII, who led the church from 1878 to 1903 and was the father of modern Catholic social teaching. He called for the church to address social and economic issues, and emphasized the dignity of individuals, the common good, community, and taking care of marginalized individuals.

In the midst of the Gilded Age, Leo XIII defended the rights of workers and said that the church had not just the duty to speak about justice and fairness, but also the responsibility to make sure that such equities were accomplished. In his famous 1891 encyclical Rerum Novarum, translated as “Of New Things,” Leo XIII rejected both socialism and unregulated capitalism, and called for the state to protect the rights of individuals.

Prevost’s choice of the name Leo invokes the principles of both Leo XIII and his predecessor, Pope Francis. In his own lifetime he has aligned himself with many of Francis’s social reforms, and his election appears to be a rejection of hard-line right-wing Catholics in the U.S. and elsewhere who have used their religion to support far-right politics.

In the U.S., Vice-President J.D. Vance is one of those hard-line right-wing Catholics. Shortly after taking office in January, Vance began to talk of the concept of ordo amoris, or “order of love,” articulated by Catholic St. Augustine, claiming it justified the MAGA emphasis on family and tribalism and suggesting it justified the mass expulsion of migrants.

Vance told Sean Hannity of the Fox News Channel, “[Y]ou love your family, and then you love your neighbor, and then you love your community, and then you love your fellow citizens in your own country, and then, after that, you can focus and prioritize the rest of the world. A lot of the far left has completely inverted that.” When right-wing influencer Jack Posobiec, who is Catholic, posted Vance’s interview approvingly, Vance added: “Just google ‘ordo amoris.’ Aside from that, the idea that there isn’t a hierarchy of obligations violates basic common sense.”

On February 10, Pope Francis responded in a letter to American bishops. He corrected Vance’s assertion as a false interpretation of Catholic theology. “Christians know very well that it is only by affirming the infinite dignity of all that our own identity as persons and as communities reaches its maturity,” he wrote. “Christian love is not a concentric expansion of interests that little by little extend to other persons and groups…. The true ordo amoristhat must be promoted is that which we discover by…meditating on the love that builds a fraternity open to all, without exception.”

“[W]orrying about personal, community or national identity, apart from these considerations, easily introduces an ideological criterion that distorts social life and imposes the will of the strongest as the criterion of truth,” Pope Francis wrote. He acknowledged “the right of a nation to defend itself and keep communities safe from those who have committed violent or serious crimes while in the country or prior to arrival,” but defended the fundamental dignity of every human being and the fundamental rights of migrants, noting that the “rightly formed conscience” would disagree with any program that “identifies the illegal status of some migrants with criminality.” He continued: “I exhort all the faithful of the Catholic Church, and all men and women of good will, not to give in to narratives that discriminate against and cause unnecessary suffering to our migrant and refugee brothers and sisters.”

The next day, Trump’s border czar, Tom Homan, who said he was “a lifelong Catholic,” told reporters at the White House, “I’ve got harsh words for the Pope…. He ought to fix the Catholic Church and concentrate on his work and leave border enforcement to us.”

Cardinal Prevost was close to Pope Francis, and during this controversy he posted on X after Vance’s assertion but before Pope Francis’s answer: “JD Vance is wrong: Jesus doesn’t ask us to rank our love for others.” After the pope published his letter, Prevost reposted it with the comment: “Pope Francis’ letter, JD Vance’s ‘ordo amoris’ and what the Gospel asks of all of us on immigration.”

On April 14, Prevost reposted: “As Trump & [Salvadoran president Nayib] Bukele use Oval to [laugh at] Feds’ illicit deportation of a US resident [Kilmar Abrego Garcia], once an undoc[ument]ed Salvadorean himself, [Bishop Evelio Menjivar] asks, ‘Do you not see the suffering? Is your conscience not disturbed? How can you stay quiet?’”

The new Pope Leo XIV greeted the world today in Italian and Spanish as he thanked Pope Francis and the other cardinals, and called for the church to “be a missionary Church, building bridges, dialogue, always open to receiving with open arms for everyone…, open to all, to all who need our charity, our presence, dialogue, love…, especially to those who are suffering.”

As an American-born pope in the model of Pope Francis, Pope Leo XIV might be able to appeal to American far-right Catholics and bring them back into the fold. But today, MAGAs responded to the new pope with fury. Right-wing influencer Laura Loomer, who is close to Trump, called Pope Leo “another Marxist puppet in the Vatican.” Influencer Charlie Kirk suggested he was an “[o]pen borders globalist installed to counter Trump.”

In the U.S., President Donald Trump, who said he would like to be pope and then posted a picture of himself dressed as a pope on May 2, prompting an angry backlash against those who thought it was disrespectful, posted on social media that the election of the first pope from the United States was “a Great Honor for our Country” and that he looks forward to meeting him. ‘It will be a very meaningful moment!” he added.

Trump pulled the nomination of the noxious Ed Martin, whom he had nominated to be U.S. Attorney for DC, a crucial post.

After Senator Thom Tillis of North Carolina announced that he would not vote for Martin, his nomination was dead. The vote in the Senate Juduciary Committee would be 11-11, and Martin’s name would not go to the Senate floor.

In the world of horrible nominations for important posts, this was one of the worst. Ed Martin has been a vocal defender of the January 6 insurrectionists, even those who violently assaulted police officers. Think MAGA, then think extreme MAGA, and that’s Ed Martin. It was recently revealed that Martin appeared on Russian state media more than 150 times since 2016.

Thankful there is at least one Republican in the Senate who is not kissing Trump’s feet.