Archives for category: Accountability

Trump hates Harvard. It refuses to follow his orders. Harvard’s President Alan Garber flatly refused to let the Trump goons take control of the university. Trump wants to show Harvard who is in charge. He said Harvard should lose its tax-exempt status. This is an unprecedented show of force. The president is not allowed to interfere with IRS decisions. But he appointed a new IRS leader. Nobody says no to Trump. But Harvard said no.

When Harvard’s President, Alan Garber, resolutely refused to accept the Trump administration’s demand to oversee its curriculum, its admissions, and its hiring practices, Trump was furious. He lashed out and threatened to revoke Harvard’s tax-exempt status. By law, the President is not allowed to direct the IRS to investigate anyone. But lo and behold, the IRS commissioner absurdly claimed that it was already investigating Harvard, the nation’s most prestigious university. Sure.

Academic freedom hangs in the balance. Big government wants to control what universities teach, who they admit, and who they hire.

This is the worst attack on the independence of universities since the McCarthy era. it is actually more dangerous than McCarthy, who picked out individual professors. This is the President of the United States declaring war on America’s universities.

The New York Times reported:

The Internal Revenue Service is weighing whether to revoke Harvard’s tax exemption, according to three people familiar with the matter, which would be a significant escalation of the Trump administration’s attempts to choke off federal money and support for the leading research university.

President Trump on Tuesday publicly called for Harvard to pay taxes, continuing a standoff in which the administration has demanded the university revamp its hiring and admissions practices and its curriculum.

Some I.R.S. officials have told colleagues that the Treasury Department on Wednesday asked the agency to consider revoking Harvard’s tax-exempt status, according to two of the people, who spoke on the condition of anonymity to describe internal conversations.

An I.R.S. spokeswoman declined to comment. The Treasury Department did not respond to a request for comment.

Federal law bars the president from either directly or indirectly requesting the I.R.S. to investigate or audit specific targets. The I.R.S. does at times revoke tax exemptions from organizations for conducting too many political or commercial activities, but those groups can appeal the agency’s decision in court. Any attempt to take away Harvard’s tax exemption would be likely to face a legal challenge, which tax experts expect would be successful.

Harrison Fields, a White House spokesman, said the I.R.S.’s scrutiny of Harvard began before the president’s social media post.

“Any forthcoming actions by the I.R.S. are conducted independently of the President, and investigations into any institution’s violations of their tax status were initiated prior to the President’s TRUTH,” Fields said in a statement, referring to Mr. Trump’s website Truth Social.

In a statement, Harvard said there is no legal basis for rescinding its tax status.

“Such an unprecedented action would endanger our ability to carry out our educational mission,” the university said. “It would result in diminished financial aid for students, abandonment of critical medical research programs, and lost opportunities for innovation. The unlawful use of this instrument more broadly would have grave consequences for the future of higher education in America.”

Even an attempt at changing Harvard’s tax status would signify a drastic breach in the independence of the I.R.S. and its historic insulation from political pressure.

The Trump administration has cleared out much of the agency’s senior leadership in the last few months, installing allies to temporarily serve as the commissioner and its top lawyer. Its newest acting commissioner, Gary Shapley, was an I.R.S. agent who has said that the investigation into the taxes of Hunter Biden, former President Joseph R. Biden Jr.’s son, was not aggressive enough.

Denis Smith retired from his position at the Ohio Department of Education, where he oversaw charter schools (which are called “community schools” in Ohio). In this post, he describes what he saw at the Network for Public Education Conference in Columbus, Ohio, in early April.

He wrote:

When It’s About Hands Off! That Also Applies to Public Schools

The Hands Off! demonstrations at the Ohio Statehouse that drew thousands of protestors wasn’t the only gathering of activists last weekend in downtown Columbus. Just a short distance away at the Hyatt Regency Hotel, a smaller but equally passionate gathering of concerned citizens from across the nation came to Ohio’s capital city to attend the Network for Public Education’s National Conference and affirm their support for the common school, the very symbol of democracy in this increasingly divided nation.

That disunion is driven in part by the rapid growth of universal educational vouchers and charter schools, where public funds flow to private and religious schools as well as privately operated charter schools and where public accountability and oversight of taxpayer funds is limited or even absent. In many states, including Ohio, those public funds in the form of vouchers are drawn from the very state budget line item that is earmarked for public schools.

Of particular concern to the conference attendees is the division in communities fueled by vouchers, which have been shown in some states to subsidize private and religious school tuition exceeding 80% of those enrolled. In Ohio, according to research conducted by former Ohio legislator Stephen Dyer, the figure is 91%.Several speakers referred to this situation as “welfare for the rich” and “an entitlement for the wealthy.” 

The research shared at the conference also confirmed the findings of the National Coalition for Public Education that “most recipients of private school vouchers in universal programs are wealthy families whose children never attended public schools in the first place.” So much for the tired Republican rhetoric of vouchers being a lifeline of escape from “failing schools” for poor inner-city children.

Another strong area of concern shared at the NPE event was the growing intrusion of religious organizations like Life Wise Academy which recruit students for release time Bible study during the school day. While attendees were told that school guidelines direct that such activities are to be scheduled during electives and lunch, the programs still conflict with the normal school routine and put a burden on school resources, where time is needed for separating release time students and adjusting the instructional routine because of the arrival and departure of a group within the classroom.

One presenter, concerned about students receiving conflicting information, said that his experience as a science teacher found situations where there was a disconnect between what he termed “Biblical stories and objective facts.” In addition, he shared that a group of LifeWise students missed a solar eclipse because of their time in religious instruction.  

Some Ohio school districts, including Westerville and Worthington in Franklin County, had to amend their policies in the wake of HB 8, which mandated that districts have religious instruction release time policies in place. The district policies had been written as an attempt to lessen the possibility of other religious programs wanting access to students and the further disruption that would cause to the school routine. 

The recent legislative activity about accommodating religious groups like Life Wise is at variance with history, as conference chair and Network for Public Education founder Dr. Diane Ravitch pointed out in her remarks about the founding of Ohio. As part of the Northwest Territory, she noted that Ohio was originally divided into 32 plots, with plot 16, being reserved for a public school. No plot was set aside for a religious school.

Ohio became the first state to be formed from the Northwest Territory, and its provision for public education would become a prototype for the young republic. The common school, an idea central to the founders of the state, would be located such “that local schools would have an income and that the community schoolhouses would be centrally located for all children.”

Unfortunately, the idea of the common school being centrally located in every community is an idea not centrally located within the minds of right-wing Republican legislators. From the information exchanged at the conference, that is the case in the great majority of statehouses, and a matter of great concern for continuing national cohesiveness.

The theme of the NPE National Conference, Public Schools – Where All Students Are Welcome, stands in marked contrast with the exclusionary practices of private and religious schools where, unlike public schools, there are no requirements to accept and enroll every student interested in attending. While these schools are reluctant to accept students who may need additional instructional support, they show no reluctance in accepting state voucher payments.

Texas Rep. Gina Hinojosa. Photo: Texas House of Representatives

Texas State Representative Gina Hinojosa, one of the keynote speakers, told the audience about her experience in fighting Gov. Greg Abbott’s voucher scheme and the double meaning of the term school choice. “School choice is also the school’s choice,” she told the audience, as she estimated that 80% or more of state funds will go to kids who are already enrolled in private and religious schools.

Her battle with the Texas governor, who has defined the passage of voucher legislation in the Lone Star State as his “urgent priority,” is a tale of his alliance with Jeff Yass, a pro-voucher Pennsylvania billionaire who has donated $12 million so far to Abbott’s voucher crusade. 

Hinojosa was scathing in her criticism of Abbott and his fellow Republicans and of a party that once “worshipped at the altar of accountability.” Now, she told the attendees, “they want free cash money, with no strings attached.” 

“Grift, graft, and greed” is the narrative of appropriating public funds for private purposes, Hinojosa believes, a tale of supporting “free taxpayer money with no accountability.”

Minnesota Gov. Tim Walz. Photo: Denis Smith

The NPE conference ended with an address by Minnesota Gov. Tim Walz, the 2024 Democratic Vice-Presidential nominee. With his background as a former teacher and coach, Walz had a strong connect with an audience comprised mostly of educators and public school advocates. His folksy language and sense of humor further endeared him to the conference attendees.

Based on the continuing bad behavior of Jeff Yass and other affluent actors in the voucher and charter wars, greedy bastards is a better descriptor than oligarchs, he observed. From the reaction of the audience and what they heard previously from Gina Hinojosa and other presenters, the language offered by Walz was a more accurate definition of welfare for the wealthy. 

At the end of his remarks, Walz encouraged educators not to despair but to accept their key place in society. “There is a sense that servant leadership comes out of serving in public education.”

Attendees at the NPE conference included educators, school board members, attorneys, legislators, clergy, and policy makers – a cross-section of America. Their presence affirmed a core belief that the public school, open to all, represents the very essence of a democratic society. And there is no debate about whether or notthose schools are under attack by right-wing legislatures intent on rewarding higher-income constituents with tuition support to schools that choose their students as they exercise the “school’s choice.”(As a devotee of the Apostrophe Protection Society, I applaud this distinction.)

So what are we going to do about this? Attendees left the conference with some strong themes.

The choir needs to sing louder.

Hope over fear. Aspiration over despair.

The road to totalitarianism is littered with people who say you’re overreacting.

Who are the leaders of the Democratic Party? They’re out there. On the streets.

It’s not just don’t give up. Be an activist.

As the loudness about the subject of what is more aptly described as “the school’s choice” gets louder,” you can bet that servant leaders like Diane Ravitch, Gina Hinojosa, Tim Walz and others are making a difference in responding to the challenge of servant leadership to ensure that the common school, so central to 19th century communities in the Northwest Territory and beyond, continues to be the choice of every community for defining America and the democracy it represents.

                                                                   

Alan M. Garber, President of Harvard University, wrote a brilliant letter defending the independence of higher education–and Harvard in particular– from government control.

Of course, the racist, homophobic, xenophobic Trump administration threatened to cut off Harvard’s federal research grants if they didn’t do more to combat anti-Semitism, a phony issue. Trump demanded an apology from Harvard for “egregious anti-Semitism.” Garber, the President of Harvard, is Jewish.

The administration also demanded that Harvard abolish all programs to promote diversity, equity, and inclusion. But then it demanded that Harvard hire new professors to guarantee “diversity” of viewpoint. Is Trump for or against diversity?

Garber wrote:

For three-quarters of a century, the federal government has awarded grants and contracts to Harvard and other universities to help pay for work that, along with investments by the universities themselves, has led to groundbreaking innovations across a wide range of medical, engineering, and scientific fields. These innovations have made countless people in our country and throughout the world healthier and safer. In recent weeks, the federal government has threatened its partnerships with several universities, including Harvard, over accusations of antisemitism on our campuses. These partnerships are among the most productive and beneficial in American history. New frontiers beckon us with the prospect of life-changing advances—from treatments for diseases such as Alzheimer’s, Parkinson’s, and diabetes, to breakthroughs in artificial intelligence, quantum science and engineering, and numerous other areas of possibility. For the government to retreat from these partnerships now risks not only the health and well-being of millions of individuals but also the economic security and vitality of our nation.

Certainly, Garber wrote, Harvard would fight anti-Semitism, but it would not sacrifice its independence.

The administration’s prescription goes beyond the power of the federal government. It violates Harvard’s First Amendment rights and exceeds the statutory limits of the government’s authority under Title VI. And it threatens our values as a private institution devoted to the pursuit, production, and dissemination of knowledge. No government—regardless of which party is in power—should dictate what private universities can teach, whom they can admit and hire, and which areas of study and inquiry they can pursue.

Garner made clear that Harvard would not allow the government to control teaching and learning at Harvard.

Yesterday, Trump threatened to strip Harvard’s tax-exempt status. Doing so is literally illegal but law never gets in Trump’s way.

This is tyranny and a blatant attack on academic freedom.

The ignorant, self-centered Trump wants to wipe out academic freedom from any institution that does not kneel to his wishes.

Be it noted that Elise Stefanik, a graduate of Harvard, cheered on Trump’s attack on her alma mater. She wrote on Twitter: “Harvard University has rightfully earned its place as the epitome of the moral and academic rot in higher education,” she posted on X, and said that Harvard should lose its tax exemption. She obviously was not brainwashed at Harvard. She should return her diploma.

Happily, Harvard has the resources to fight Trump. He picked on the wrong target.

Thom Hartmann explains the significance of what Trump did to our democracy yesterday. He killed it. He sneered at the Declaration of Independence and the U.S. Constitution. He snuffed out the rule of law, which is the foundation of democracy.

Thom Hartmann writes:

Yesterday was the day democracy in our nation officially died.

We no longer live in the America we grew up in: “The land of the free and the home of the brave.” The country the rest of the world looked up to and depended on. The country that claimed to follow the rule of law, and valued compassion and the protection of its most vulnerable people.

We are now in the midst of an outright coup against the Constitution, against the United States, and against our founding ideals: Donald Trump proclaimed it yesterday when he openly defied the Supreme Court and our founding documents with a sneer, and his neofascist sycophants chuckled and giggled in the Oval Office.

When Marco Rubio claimed that arresting and deporting a man legally living in the US was “foreign policy” that can’t be overseen by the Supreme Court and then congratulated himself on his cleverness.

Kilmar Abrego Garcia, a legal U.S. resident who committed no crime, is now held in El Salvador’s most notorious concentration camp, where as many as 75 men are packed into cells designed for a fraction of that number. 

Prisoners are not allowed outside — not for fresh air, not for exercise — and the fluorescent lights never go off. Food is minimal: plain rice or beans twice a day, with water. There is no possibility of appeal for him or the other 75,000 people El Salvadoran dictator Bukele has arrested and imprisoned without due process.

This father of three US citizens, this husband of a US citizen, who had been in the US with the permission of our government, is today packed in with savage gang members — literally murderers and rapists — in one of the most infamous and violent prisons in the world.

He has no access to legal counsel, no information about charges or release, and medical care is often denied except in extreme emergencies. Days blur into nights as men lie on concrete floors or sit in silence, many carving repetitive paths along the walls to stay sane. 

Kilmar may be doing the same, clinging to routine, to hope, to anything that reminds him he once belonged to a country that promised justice.

But then came the most lawless president in the history of America, who yesterday all but declared that we are no longer a constitutional democratic republic as long as he is president.

Article I, Section 9 of the United States’ Constitution is unambiguous about habeas corpus, Latin for “produce the body,” which means no person can be imprisoned without first knowing the charges against them, being able to challenge those charges, and having a court of law decide their fate.

This right embraced by our Founders and written into our Constitution literally dates back to the year 1215 when King John signed the Magna Carta at Runnymede, as Article I Section 9 clearly states:

“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

(Trump is falsely and cynically claiming in an illegal Executive Order that the government of Venezuela has sent gang members to “invade” the US. Bizarrely, even if a court were to uphold this “invasion” gimmick, Kilmar Abrego Garcia is neither a gang member nor even a Venezuelan; he’s a citizen of El Salvador who’s lived in the US since he was 16, is a union worker and beloved member of his community, and was here legally.) 

Fifth Amendment to the Constitution:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor be deprived of life, liberty, or property, without due process of law…”

Sixth Amendment to the Constitution:

“In all criminal prosecutionsb, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

Seventh Amendment to the Constitution:

“[T]he right of trial by jury shall be preserved…”

Eighth Amendment to the Constitution:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Please point out to me where, in our Constitution, it says that the President of the United States or the Secretary of State can simply order a “person” (see 5th Amendment; nowhere does the word “citizen” appear) to be arrested and transported to a foreign hellhole concentration camp without a warrant, without an attorney, without a trial, and without even advance notice that might give him a chance to protest his innocence.

An unanimous Supreme Court ruled last week that our Constitution, as quoted above, says exactly what it means and Trump must “facilitate” the return of Kilmar Abrego Garcia, who is not a criminal and has been denied all of the due process provisions detailed above in our Constitution and its amendments.

Justice Sotomayor was explicit:

“The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene. … 

“[T]he proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard… 

“It must also comply with its obligations under the Convention Against Torture.”

Trump’s response yesterday was a resounding, “Fuck you” to our courts, our Constitution, and our laws. And to the millions of American citizens who are frightened by his systematic dismantling of our legal system.

It was an open assertion by Trump that he can do anything he wants, no matter how unlawful or unconstitutional, without fear of consequences. That he has successfully staged a coup against the government of the United States and her laws and has every intention of running this country like Russia or Hungary.

And not only that, he told El Salvador’s authoritarian president Bukele that the people he next wants to send to his slave labor camp are American citizens like you and me:

“Home grown criminals. Home growns are next. You gotta build about five more places. It’s not big enough.”

Which brings us to a frightening echo of Jefferson’s objections to the “tyranny” of King George II, as outlined in the Declaration of Independence he authored and was signed on July 4, 1776:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good. …

“He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. …

“He has made Judges dependent on his Will alone

“He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws

“For depriving us in many cases, of the benefits of Trial by Jury:

“For transporting us beyond Seas to be tried for pretended offences: …

“For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: …

“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” (emphasis added)

If Trump and his ass-kissing lackeys aren’t stopped by public outrage, our courts, and our Constitution and laws, then America has ceased to be a functioning republic and the future is unknowable but certainly grim.

That would be, the Declaration says, the very definition of tyranny. As Senator Chris Murphy just posted to Bluesky:

“You may not think this case matters to you. But Abrego Garcia was legally in the U.S., just like all the rest of us. His status as an immigrant doesn’t matter as a matter of law. If Trump can lock up or remove ANYONE — no matter what the courts say — we are all at grave risk.”

Trump should be impeached for his defiance of the Supreme Court and our Constitution. For spitting in the face of our Founders and every American veteran who has ever fought (or died) for this country and it’s ideals. For using foreign concentration camps.

Tragically, however, Republicans in Congress and across the country are now fully in on the coup. They have chosen an egomaniacal, self-centered narcissist and his billionaire friends over their integrity, country, and their oath of office.

Show up in the streets this coming Saturday and reach out to your elected representatives to demand a return to the rule of law. 

The number for Congress is 202-224-3121, at least for the moment; like with Social Security, Trump may cut that phone number off any day now, too. 

Thomas L. Friedman is the foreign affairs opinion writer for The New York Times. In this post, he excoriates Trump for his arrogance and stupidity in handling the tariffs issue, and especially for his arrogance and stupidity in dealing with China. First, he insisted that he would “hang tough” on his plan to impose draconian tariffs. When the stock and bond markets crashed, he decided to put a 90-day pause on tariffs, exempting China.

He has alienated our allies and outraged China. His arrogance has isolated us in the world as a faithless bully. It seems that Trump’s “art of the deal” consists of bullying, threatening, insulting, and humiliating the other party. It doesn’t work in the international stage. Trump dissipated long-standing alliances and has made us look foolish in the eyes of the world. In less than three months, he has squandered good will, scorned close relationships, and thrown away our reputation as “leader of the free world.” The emperor has no clothes. He stands naked before the world as a stupid and reckless man.

It’s important to remember that Trump was never a successful businessman. He went bankrupt six times. No American bank would extend loans to him because of his abysmal record. Yet his MAGA cult believes in his business acumen because he played a successful businessman on TV. He is a performer who knows nothing about foreign trade, economics, or history.

How will we survive four years of Trump’s demented whims?

Friedman wrote:

I have many reactions to President Trump’s largely caving on his harebrained plan to tariff the world, but overall, one reaction just keeps coming back to me: If you hire clowns, you should expect a circus. And my fellow Americans, we have hired a group of clowns.

Think of what Trump; his chief knucklehead, Howard Lutnick (the commerce secretary); his assistant chief knucklehead, Scott Bessent (the Treasury secretary); and his deputy assistant chief knucklehead, Peter Navarro (the top trade adviser), have told us repeatedly for the past weeks: Trump won’t back off on these tariffs because — take your choice — he needs them to keep fentanyl from killing our kids, he needs them to raise revenue to pay for future tax cuts, and he needs them to pressure the world to buy more stuff from us. And he couldn’t care less what his rich pals on Wall Street say about their stock market losses.

After creating havoc in the markets standing on these steadfast “principles” — undoubtedly prompting many Americans to sell low out of fear — Trump reversed much of it on Wednesday, announcing a 90-day pause on certain tariffs to most countries, excluding China.

Message to the world — and to the Chinese: “I couldn’t take the heat.” If it were a book it would be called “The Art of the Squeal.”

But don’t think for a second that all that’s been lost is money. A whole pile of invaluable trust just went up in smoke as well. In the last few weeks, we have told our closest friends in the world — countries that stood shoulder to shoulder with us after Sept. 11, in Iraq and in Afghanistan — that none of them were any different from China or Russia. They were all going to get tariffed under the same formula — no friends-and-family discounts allowed.

Do you think these former close U.S. allies are ever going to trust getting into a trench with this administration again?

This was the trade equivalent of the Biden administration’s botched exit from Afghanistan, from which it never quite recovered. But at least Joe Biden got us out of a costly no-win war for which America, in my opinion, is now much better off.

Trump just put us into a no-win war.

How so? We do have a trade imbalance with China that does need to be addressed. Trump is right about that. China now controls one-third of global manufacturing and has the industrial engines to pretty much make everything for everyone one day if it is allowed to. That is not good for us, for Europe or for many developing countries. It is not even good for China, given the fact that by putting so many resources into export industries it is ignoring the meager social safety net it offers its people and its even more threadbare public health care system.

But when you have a country as big as China — 1.4 billion people — with the talent, infrastructure and savings it has, the only way to negotiate is with leverage on our side of the table. And the best way to get leverage would have been for Trump to enlist our allies in the European Union, Japan, South Korea, Singapore, Brazil, Vietnam, Canada, Mexico, India, Australia and Indonesia into a united front. Make it a negotiation of the whole world versus China.

Then you say to Beijing: All of us will gradually raise our tariffs on your exports over the next two years to pressure you to shift from your export economy to a more domestic-oriented one. But we will also invite you to build factories and supply chains in our countries — 50-50 joint ventures — to transfer your expertise back to us the way you compelled us to do for you. We don’t want a bifurcated world. It will be less prosperous for all and less stable.

But instead of making it the whole industrial world against China, Trump made it America against the whole industrial world and China.

Now, Beijing knows that Trump not only blinked, but he so alienated our allies, so demonstrated that his word cannot be trusted for a second, that many of them may never align with us against China in the same way. They may, instead, see China as a better, more stable long-term partner than us.

What a pathetic, shameful performance. Happy Liberation Day.

Joyce Vance was US Attorney for Northern Alabama and a steady voice of reason. She wonders in this post what it will take to awaken Republicans to Trump’s erosion of the Constitution and our rights.

She writes:

Why doesn’t any of this break through? Why do Republicans still support Trump?

The reporting in The Atlantic on the Signal chain? The voter suppression executive order Trump issued…? The foul-ups in deporting supposed gang members who turn out not to be? Why aren’t Americans out on the streets protesting in massive numbers like we have seen people in other countries doing—Israel, Georgia, Turkey, South Korea, and others? In part, it’s because a large number of people who are Trump supporters just don’t care. Their guy can do anything, and they don’t care. They’ll believe any lie, and they’ll ignore any horrible; they’re all in for Trump for reasons the rest of us still struggle to understand.

The question is, how many of the rest of us are there? By that I mean Americans who, regardless of party affiliation, still care about truth and democracy. Those words are no longer just philosophical notions to be bandied about, an elite construct. They are the reality of what we are fighting a rearguard action to try and save.

Statistics from the last election provide reason for some optimism. Donald Trump won with 49.9% of the popular vote. Although he has claimed he has a mandate for a radical transformation of government, the numbers just don’t back that up. And they don’t suggest there’s a mandate for putting out military information on a Signal chain being used on personal phones, rather than on secured government systems. If there ever truly was a mandate for Trump, the reality is, it’s evaporating day by day as egg prices stay high and people lose their jobs. And now, there’s this, a cavalier disregard for the safety of our troops, lax security with one member of the Signal group apparently in Russia while communications were ongoing, what looks like an effort to do an end run around government records retention procedures.

Will the Atlantic story break through? It should. Trump’s Vice President, his Secretary of Defense, his CIA director, his DNI, all put American pilots in harm’s way. If that’s not enough for Senate Republicans to break ranks with Trump, especially those on subcommittees that have oversight into military and intelligence community operations, it’s hard to imagine what would be.

Why use Signal in the first place when American leaders have some of the most secure communications technology in the world available to them? Is it just for convenience? If so, that’s sloppy, and they should be committing to do better, not arguing over whether the information was classified or not. (But if it looks like a duck…) 

The truth is that by going to Signal, they avoided leaving a paper trail. No annoying records that could be unearthed down the road. Remember Trump’s first impeachment? It came about in large part because after the call where he threatened Ukraine’s president with withholding security aid if he wouldn’t announce his country was investigating Joe Biden for financial misconduct, records of the call were buried inside a classified information system where they didn’t belong. That was what got the ball rolling. It was about trying to hide records of an official call that everyone knew was wrong. 

As far as we know at this point, there was nothing improper about the attack on the Houthis. So why were high-ranking members of the Trump administration communicating off the books? How pervasive is the practice, and who knows/authorizes it? We are a government of the people. Transparency isn’t optional. There are rules about public records that have to be followed, and this president who likes to operate in secret and at the margins of our laws has frequently tried to skirt them.

It’s hard to imagine that the Signal chain for the Houthi attack was just a one-off, that they only went to Signal for this moment. Is this how this new government is operating routinely—off the books, in a hidden fashion designed to avoid scrutiny and accountability? 

It may seem like a minor point with everything else that’s going on, but this is how autocrats work, not how a democracy operates. That’s the danger we are now facing, and this is another marker on the path to tyranny.

Calls are mounting for Hegseth and others to resign. Anyone who would engage in this kind of behavior and then argue that it was not improper rather than apologizing and promising to do better should leave government, whether voluntarily or not. But they should never have been confirmed in the first place. There is a cancer on the heart of the presidency, to quote from the Watergate era, and it’s infecting all of us.

We’re in this together,

Joyce

Trump is a performer who plays the part of a businessman. In New York City, he was known for his high-flying lifestyle, his frequent appearances at nightclubs, and his escapades with beautiful women. A businessman? He declared bankruptcy six times. His credit rating was so poor that no American bank would lend him money.

MAD magazine published this Trump cartoon in 1992:

ICE swept up a Maryland man and deported him to the infamous prison in El Salvador for terrorists and hardened criminals. But Abrego Garcia was not a terrorist or a gang member. The Trump administration admitted that his arrest and detention was an “administrative error” but claimed that he could not be returned because he was no longer in U.S. jurisdiction. The lower federal courts ordered the administration to bring him back. The Trump administration objected–unwilling to bring home an innocent victim of their error–and the case went to the Supreme Court. The Supreme Court released a unanimous ruling that seemed to favor the return of Abrego Garcia.

Allison Gill took a close look at the decision and finds many opportunities in its decision to keep Mr. Garcia imprisoned.

She wrote:

It appears to be a victory – that the Supreme Court “unanimously” agrees that the government must “facilitate” the return of Abrego Garcia – the Maryland father that was disappeared to the CECOT torture prison in El Salvador on a government-admitted “administrative error.” 

But the Supreme Court did the wrong thing here by even bothering to weigh in.

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Do you remember in the immunity ruling, when the Supreme Court sent the case back down to Judge Chutkan after they made their “rule for the ages?” They shoved their robes where they didn’t belong because they should have just denied Trump’s application. Remanding it back to the District Court left the door open for Judge Chutkan’s clarification on official acts to be appealed again – all the way back up to the Supreme Court if necessary – so that the supremes could once again have final say over what the lower court had decided. It also had the added bonus of tacking at least another year of delay onto the case – provided the Supreme Court would have let the case live after the second go-round.

In the Abrego Garcia case, the liberal justices say they would have denied Trump’s application outright, leaving the lower court order in place:

Because every factor governing requests for equitable relief manifestly weighs against the Government, Nken v. Holder, 556 U. S. 418, 426 (2009), I would have declined to intervene in this litigation and denied the application in full. (Statement of Justice Sotomayor, with whom Justice Kagan and Justice Jackson join.)

Technically, the ruling is unanimous because the three liberal justices ultimately agree with the court’s ruling, but by intervening instead of denying the application outright, the Supreme Court is asking the District Court to clarify it’s ruling “with due regard” to Trump: 

The rest of the District Court’s order remains in effect but requires clarification on remand.The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.

The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairsI mean, you could park a truck in that sentence. It might as well say “Hey District Court, go ahead and give it a shot but don’t cross the blurry lines we aren’t going to draw and don’t break the secret rules which we aren’t going to tell you about. See you in a month!” 

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They were super vague on their instructions to the lower court in the immunity ruling, too: virtually guaranteeing the case would come before them again. Remember Footnote 3? It was about as clear as mud:

“[a] prosecutor may point to the public record to show the fact that the President performed the official act. And the prosecutor may admit evidence of what the President allegedly demanded, received, accepted, or agreed to receive or accept in return for being influenced in the performance of the act. … What the prosecutor may not do, however, is admit testimony or private records of the President or his advisers probing the official act itself. Allowing that sort of evidence would invite the jury to inspect the President’s motivations for his official actions and to second-guess their propriety. As we have explained, such inspection would be “highly intrusive” and would “ ‘seriously cripple’ ” the President’s exercise of his official duties. … And such second-guessing would threaten the independence or effectiveness of the Executive.”

And just as with the immunity ruling, the Supreme Court will likely get another review of whatever the court orders the Trump administration to do to return Abrego Garcia. Because I’m pretty sure that the government isn’t going to want to do what the lower court tells it to, nor will it be forthcoming with the steps it’s taking to comply with court orders. The Trump administration will say “The Supreme Court told you to have deference for how we conduct foreign affairs. You’re not deferencing enough.”

So yes, it’s awesome that the Supreme Court didn’t outright abandon Abrego Garcia, but now we’re going to potentially drag out the remedy – while a man is wrongfully imprisoned in a gulag – and give the Supremes another at-bat when things don’t go smoothly. The high court should have outright denied the application, just as they should have done in the immunity case. 

Just my two cents. 

~AG

Trump is following through on his frequent threats to punish anyone who crossed him in the past. He recently ordered his compliant Attorney General to investigate two men who were critical of him during his first term. Elie Honig, a former federal prosecutor, wrote about the tyrannical nature of this action and about Pam Bondi’s willingness to do whatever he wants.

Honig writes at the website Cafe, a hub for legal experts:

Donald Trump’s presidential payback tour rages on, and now it’s personal. It’s one thing to target multi-billion dollar law firmsuniversities, and media outlets for organizational retribution; those efforts, aimed at stifling and punishing any criticism or dissent, are reprehensible in their own right. But now Trump is going after individual private citizens, using the might of the Executive Branch to potentially throw his detractors in prison.

In a pair of official proclamations – rendered no less unhinged by the use of official fonts and White House letterhead – Trump identifies two targets who worked in the federal government during his first tenure and dared to speak out publicly against him. First: Chris Krebs, who led the Cybersecurity and Infrastructure Security Agency from 2018 to 2020 and made headlines when he publicly contradicted Trump’s false claim that the 2020 presidential election was stolen. For this act of heretical truth-telling, Trump labels Krebs “a significant bad-faith actor” – whatever the hell that means – who poses grave “risks” to the American public. 

And then there’s Miles Taylor, a former Department of Homeland Security official who publicly criticized the President in an anonymous book and various media appearances. Taylor, like Krebs, purportedly poses “risks” to the United States, is a “bad-faith actor” (though apparently not a significant one like Krebs) and “stoked dissension” with his public commentary. 

Are you scared? Don’t you fear the “risks” posed by these two monsters?

 True to the form he has displayed when going after disfavored law firms, Trump hits below the belt. The President orders security clearances stripped not only from Krebs and Taylor but also from everyone who works with them (Krebs at a private cybersecurity firm, Taylor at the University of Pennsylvania). He’s punishing his targets – plus their employers and colleagues, First Amendment freedom of association be darned. 

It gets worse. In a separate set of orders, Trump directed the Attorney General to open criminal investigations of Krebs and Taylor. Notably absent from the orders is any plausible notion that either might have committed a federal crime. This hardly needs to be said, but it’s not a federal crime to be a “bad-faith actor,” to “stoke dissension,” or even to be a “wise guy,” as Trump called Krebs from the Oval Office.

The next move is Pam Bondi’s – and we know how this will go. 

Any reasonable, ethical attorney general would follow the bedrock principle that a prosecutor must have “predication” – some kernel of fact on which to believe a crime might have been committed – to open a criminal investigation. The bar is low, but it serves the vital purpose of preventing precisely the baseless retributive inquests that Trump has now ordered up. In observance of this foundational precept, even Bill Barr – the subject of sharp criticism in my first book, Hatchet Man – generally ignored Trump’s public pleas for the arrests of Barack Obama, Joe Biden, and others. Like the exhausted parent of an unruly toddler, Barr would mostly sit back and let the tantrum pass. 

Don’t count on Bondi taking the same course of passive resistance to the President. She has already shown her true colors, and they’re whatever shade Trump pleases. For example, despite the distinct possibility of criminality by top administration officials around the Signal scandal, the AG refused even to investigate. Instead, she decreed – after zero inquiry, with zero evidence – that information about military attack plans was somehow not classified, and that nobody had acted recklessly. Case closed, no inquiry needed. 

Bondi no longer deserves the benefit of the doubt. She’s in the bag for Trump. The question now is whether she’ll cross the line that even Barr, her crooked predecessor, would not, and use the Justice Department’s staggering investigative power as an offensive weapon. 

Even if DOJ investigates but concludes it cannot bring a criminal charge, the threat to Krebs and Taylor is real. Any criminal inquiry takes an enormous toll on its subject; subpoenas fly, friends and colleagues get pulled into the grand jury, phones get seized and searched, legal costs mount, professional reputations suffer, personal ties fray. Ask anyone who has been investigated by the Justice Department but not indicted. They’ll tell you it’s a nightmare. 

If Bondi does somehow convince a grand jury to indict somebody for something, Trump has unwittingly handed both Krebs and Taylor a potent defense: selective prosecution, which applies where an individual has been singled out for improper purposes. Exhibit A (for the defense): Trump’s own grand proclamations, which openly confess to his personal and political motives for ordering a Justice Department inquiry. Selective prosecution defenses rarely succeed, often because prosecutors typically don’t commit their improper motives to paper. But this would be the rare case where the evidence is so plain – it’s on White House letterhead, signed by the President – that a judge could hardly overlook it.

Trump has long made a habit of threatening his opponents with criminal prosecution through social media posts and by spontaneous outbursts from the lectern. Until now, it was mostly bluster, a public form of scream therapy for the capricious commander-in-chief. But now it’s in writing, from the president to the attorney general, who typically jumps to attention to serve whatever suits the boss, prosecutorial standards be darned. Trump’s dark fantasies are coming to life. 

Elie Honig served as an Assistant U.S. Attorney in the Southern District of New York for 8.5 years and as the Director of the Division of Criminal Justice at the Office of Attorney General for the State of New Jersey for 5.5 years. He is currently a legal Analyst for CNN and Executive Director at Rutgers Institute for Secure Communities

Trump’s tariffs are getting blowback from some of his rightwing allies. Elon Musk called tariff-lover Peter Navarro “a moron.” Several Republican Senators expressed their opposition to tariffs at a Senate hearing. The National Review tore into Trump’s tariffs and his imperial behavior:

It wrote:

If it seems preposterous that a single person could enjoy this much power over the American economy — and, with it, the global economy — rest assured that it is. In Article I, the Constitution vests the “power To lay and collect Taxes, Duties, Imposts and Excises” in Congress, not in the president. As a result, the president has no power to impose tariffs that he has not been accorded by an act of the legislature. If it desires, Congress can choose to take back as much of that power as it sees fit. It ought to do so — and do so now.

That the Founders placed the power to tax, tariff, and legislate in the hands of the legislature, instead of the executive, was not an accident. On the contrary: This allocation sat at the very core of the system that they designed. Because legislatures play host to a diverse cast of characters — characters who have different views, are elected by different groups, and come from different regions — they are less prone to dogmatism, caprice, and flightiness than are monarchs, presidents, or emperors. Especially within the United States, where the Senate often checks the passions of the House, the procedural challenges that result from this tend to ensure that only those proposals that enjoy broad purchase among the citizenry’s representatives are able to become law. This arrangement has two chief benefits. First, it guarantees that the ideas under consideration will be subject to serious criticism and debate. Second, it makes it difficult to alter the status quo on a whim — which, in turn, makes it easier for the people to understand the laws under which they live.

This predictability is useful in all areas of civic life. But it is especially beneficial in the financial realm, where stability is imperative. Businesses, investors, workers, and families are all aided enormously by a reliable comprehension of what their tax rates, operating rules, regulatory liabilities, and tariff exposures are likely to be for the foreseeable future. When those variables are determined by Congress, the debates that inform them are transparent and the laws that result are built to endure. When those variables are determined by the president, the debates that inform them are opaque and the law is liable to change radically from day to day. In essence, the case for Congress fulfilling its responsibilities is the same as the case for written law per se: No free man wants to be at the mercy of a king.