Archives for category: Civil Rights

In case you wondered, I now call DOGE something else. I call it DOGS, although truthfully that’s not fair to dogs. Dogs are wonderful creatures; In my experience, dogs give you unconditional loyalty and love. These DOGS are loyal to one man, Elon Musk. They are shredding the federal government, destroying the careers and lives of tens of thousands of professional civil servants. They have gathered our personal data. They are embedded in high-level positions across the government. They should all be fired and sent back to Elon Musk.

But the bigger risk to our democracy is Russell Vought, Director of the Office of Management and Budget, one of the most powerful positions in the federal government. He is a self-proclaimed Christian nationalist. He is working in opposition to the Founding Fathers, who made clear their intention to keep religion out of government.

Democracy Docket reports on Vought:

Though Elon Musk is leaving the White House, DOGE isn’t going anywhere.

It appears that Russell Vought — Trump’s budget hawk and one of the chief architects of the Heritage Foundation’s Project 2025 — is stepping in to become DOGE’s new power broker.

With Vought, a self-described Christian nationalist, at the helm, the slash-and-burn effort against the federal government may be on the cusp of an even darker turn.

In many ways, Vought is what Musk is not. After working at public policy organizations for nearly two decades, he has a far better understanding of how the government works — and how its weaknesses can be exploited. Despite advising Trump for almost 10 years, he’s also kept a fairly low profile, rarely giving interviews or speaking in public. 

And Vought appears to be motivated first and foremost by creating a Christian nation controlled by an overtly Christian government. 

Last year, Vought told undercover journalists with the Centre for Climate Reporting that he wants “to make sure that we can say we are a Christian nation.”

“And my viewpoint is mostly that I would probably be Christian nation-ism,” Vought said. “That’s pretty close to Christian nationalism because I also believe in nationalism.”

To achieve that, Vought said in the interview he seeks to replace the non-partisan and merit-based federal civil service with a bureaucracy in which employment hinges on allegiance to Trump. He said he also seeks to impound congressionally approved funding, help coordinate mass deportations and find ways to let Trump use the military to put down protesters.

As former Trump adviser Steve Bannon recently told The Atlantic, “Russ has got a vision. He’s not an anarchist. He’s a true believer.”

Federal agencies, in particular the Office of Personnel Management (OPM), have already implemented numerous policies that Vought drafted to achieve those goals.

Earlier this year, OPM proposed new regulations that would formally revive Schedule F, a key tool developed by Vought to gut the federal government and replace career public servants with partisan ideologues.

In another move championed by Vought, the personnel office last week also announced a s0-called “Merit Hiring Plan” that would, if implemented, ask prospective hires for the thousands of DOGE-induced vacancies across the federal government to write short essays explaining their levels of patriotism and support for the president’s policies.

“How would you help advance the President’s Executive Orders and policy priorities in this role? Identify one or two relevant Executive Orders or policy initiatives that are significant to you, and explain how you would help implement them if hired,” reads one of the essay prompts.

Vought, too, has recently taken steps to impound funds. 

This week, the White House sent Congress proposed spending cuts — also called a rescission package — that’s been backed by Vought in order to formalize cuts made by DOGE. The $9.4 billion package targets funding for NPR, PBS, the U.S. Agency for International Development and other foreign aid spending.

The rescission process allows a president to avoid spending money on discretionary programs, and since rescission bills only require simple majority approval in the House and Senate, there’s a chance some of the proposed cuts will become law. If they do, they will be the first presidentially proposed rescissions accepted by Congress since 1999. 

If Congress doesn’t pass the package, the 1974 Impoundment Control Act, which restricts when and how the president can delay or withhold federal funds, requires Trump to release the funds — that’s assuming that the administration follows the law. 

The same day the White House sent Congress the package, Vought threatened that if lawmakers don’t pass the rescissions, the executive branch would find ways to override Congress’ constitutional authority to allocate funding.

“We are dusting off muscle memory that existed for 200 years before President Nixon in the 1970s and Congress acted to try to take away the president’s ability to spend less,” Vought said.

When asked by CNN whether he was attempting to tee up a legal fight to challenge the Impoundment Control Act as unconstitutional, Vought implied he was.

“We’re certainly not taking impoundment off of the table. We’re not in love with the law,” Vought said.

Jan Resseger reviews Trump’s vigorous crusade to eliminate civil rights laws by inverting their meaning. These laws were passed to break the monopoly held by white men in hiring and promotions. But now, any program that favors women and nonwhites is treated as a crime. Universities and corporations that once featured their efforts to promote diversity, equity, and inclusion are now warned by the federal government that these efforts discriminate against white men and must be abolished.

Resseger writes:

When it comes to President Trump’s threatened tariffs and his foreign policy demands, we have all been reading about the phrase coined by a Financial Times reporter: “Trump always chickens out—TACO.” But when it comes to Trump’s attack on civil rights and racial justice in the nation’s public schools, the President has been doggedly persistent.

On May 22nd, The New Yorker’s Susan Glasser mused about the President’s Oval Office ambush of South African President Cyril Ramaphosa as capturing how things are going in “Washington a hundred and twenty-one days into Trump’s second term: a manufactured scene of outrage about a nonexistent ‘white genocide’ ” and “a reminder of how explicitly Trump has, in his second term, defined the goal of his Presidency as a sort of racial-justice quest for white people.” Glasser describes “a President who has terminated affirmative-action decrees that have been in place for the federal government since the nineteen-sixties, unleashed a wave of arrests and deportations aimed at illegal migrants of color, gutted federal civil-right-enforcement offices, and blamed D.E.I. for just about every evil at home and abroad.”

New York Times reporter Erica Green summarizes the Trump administration’s consistent work since the winter to attack racial justice and twist the meaning of the protection of civil rights: “In his drive to purge diversity efforts in the federal government and beyond, President Trump has expressed outright hostility to civil rights protections. He ordered federal agencies to abandon some of the core tenets of the Civil Rights Act of 1964, on the basis that they represented a ‘pernicious’ attempt to make decisions based on diversity rather than merit. But in recent weeks, Mr. Trump has turned to those same measures—not to help groups that have historically been discriminated against, but to remedy what he sees as the disenfranchisement of white men. The pattern fits into a broader trend… as Trump officials pick and choose which civil rights protections they want to enforce and for whom. Across the government, agencies that have historically worked to fight discrimination against Black people, women and other groups have pivoted to investigating institutions accused of favoring them.”

Beginning on Valentines Day,  when Trump’s Acting Assistant Secretary of the U.S. Department of Education’s Office for Civil Rights (OCR), Craig Trainor sent all public school officials a “Dear Colleague” letter threatening their federal funding if they did not remove all diversity, equity, and inclusion from their schools, the Trump Administration turned its sights on U.S. public schools. In March, the administration closed seven of the nation’s twelve regional Office for Civil Rights locations that have traditionally investigated complaints filed by parents and families. At the same time the Office for Civil Rights abandoned its traditional practice of carefully investigating complaints and working with school districts to end discriminatory practices. Trump’s OCR turned to directed investigations aimed at punishing school districts failing to comply with the administration’s priorities and threatening loss of federal funding. In early April, the Department of Education threatened K-12 public school districts’ Title I funding unless school leaders (and statewide officials) signed a certificate that they were in full compliance with Title VI of the Civil Rights Act as well as in compliance with the administration’s broad, and many believe mistaken, interpretation of the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard, which specifically banned affirmation in college admissions. The Trump administration has declared that the Students for Fair Admissions decision instead bans all DEI programming and policy.

School districts and state departments of education, along with teachers unions and civil rights organizations like the NAACP and the ACLU, have put the consequences of almost all of these threats on hold by filing injunctions, which have yielded temporary stays in most of these cases, but Education Secretary, Linda McMahon and her Department of Education keep on persisting by conducting more investigations and threatening punitive consequences for school districts persisting in efforts to help particular groups of students.

In mid-May, by executive order, President Trump banned the use of disparate impact as a standard for investigating Civil Rights investigations.  For ProPublica, Jennifer Smith Richards and Judi Cohen reported: “Remaking the Office of Civil Rights isn’t just about increasing caseloads and reordering political priorities. The Trump administration now is taking steps to roll back OCR’s previous civil rights work. Last month, Trump issued an executive order that directs all federal agencies, including the Education Department, to stop enforcing cases involving policies that disproportionately affect certain groups—for example when Black students are disciplined more harshly than white students for the same infractions or when students with disabilities are suspended more than any other group even though they represent a small percentage of student enrollment.”

Smith Richards and Cohen examine how the Department’s Office for Civil Rights (OCR) has reduced its capacity to process complaints and changed its procedures in ways that bias investigations to reflect the Trump administration’s priorities: “The OCR, historically one of the government’s largest enforcers of the Civil Rights Act of 1964, has been known for being a neutral fact-finder. Its investigators followed a process to determine whether complaints from the public met legal criteria for a civil rights claim, then carried out investigations methodically. The vast majority of investigations were based on discrimination complaints from students and families, and a large share of those were related to disability discrimination… Investigations being publicized now have largely bypassed the agency’s civil rights attorneys… McMahon and OCR head, Craig Trainor created what amounts to a shadow division. The Trump administration has ordered more than a dozen investigations in the past three months on its own, not initiated by an outside complainant. These ‘directed investigations’ are typically rare; there were none during President Joseph Biden’s administration. The investigations have targeted schools with transgender athletes, gender-neutral bathrooms and initiatives that the administration views as discriminatory to white students.”

The ProPublica reporters spoke with OCR attorneys who anonymously describe what they believe are serious violations of departmental protocol: “McMahon and Trainor created ways to divert complaints and investigations away from the OCR’s legal experts entirely. The administration made an ‘End DEI’ portal that bypasses the traditional online complaint system and seeks only grievances about diversity, equity and inclusion in schools. Unlike the regular complaint system, the diversity portal submissions are not routed to OCR staff. ‘We have no idea where that portal goes, who it goes to, how they review the cases… said the attorney who said he struggles with being unable to help families.”  In other instances, “Conservative groups with complaints about diversity or transgender students have been able to file complaints directly with Trainor and get quick results… America First Legal, a group founded by Trump deputy chief of staff, Steven Miller… emailed Trainor a few days after Trump’s… executive order… (that) directs schools to stop teaching about or supporting diversity, equity, and gender identity. ‘AFL respectfully requests that the Department of Education open investigations into the following public school districts in Northern Virginia for continuing violations of Title IX,’ the letter read, listing five districts that have policies welcoming to transgender students. Senior leadership in Washington opened the cases the following week. America First issued a press release headlined ‘VICTORY!’ “

Education Week‘s Brooke Schultz reports: “The U.S. Department of Education has announced or confirmed at least 100 investigations into school districts, colleges, and universities, and other entities as it emerges as a prime enforcer of President Donald Trump’s social agenda.” Here are some of Schultz’s examples: “(F)our school districts have drawn investigations from the department over a Black student success plan in Chicago, a students of color summit in New York, racial affinity groups in Illinois, and a selective Virginia high school’s admissions policy that the education Department says appears to be racially discriminatory… The first investigation Trump’s Education Department announced was a probe into the Denver district over a high school’s all-gender bathroom, which the agency suggested was a violation of Title IX, the federal law barring sex discrimination in schools that receive federal funds.”

Last Friday, in “Trump Administration Gives New York 10 Days to End Its Ban on Native American Mascots,” Education Week‘s Brooke Schultz reported on a Department of Education demand that clearly represents the Trump administration’s twisting and tangling the purpose and meaning of civil rights protection in public schools: an attack by the Trump Department of Education on a New York law banning Native American mascots in public schools. “The (U.S.) Education Department’s Office for Civil Rights argues that the state’s mascot policy, enacted in 2022, violates Title VI because it prohibits the use of Native American imagery but ‘allowed names, mascots, and logos that appear to have been derived from other racial or ethnic groups, such as the ‘Dutchmen’ and the ‘Huguenots.”… McMahon said in a statement Friday that the department would ‘not stand idly by as state leaders attempt to eliminate the history and culture of Native American tribes.”

Although McMahon seems to believe that the logo New York has banned in the Massapecqua School District connects with the history of American Indians in the region of the school district on Long Island, J.P. O’Hare of the New York Department of Education explained that neither the logo nor the term ‘Chief,’ was used by Native Americans in the area.

Schultz lets the president of the National Congress of American Indians, “the largest nonprofit representing Native nations which has long tracked and challenged the use of Native American mascots, Mark Macarro” correct Education Secretary McMahon’s bizarre misconception of racial justice and civil rights law: “Native people are not mascots… We have our own languages, cultures, and governments—our identities are not anyone’s mascot or costume.  No political endorsement or misguided notion of ‘honoring’ us will change the fact that these mascots demean our people, diminish the enduring vibrancy of our unique cultures, and have no place in our country.”

Schultz adds: “Research has found that, for Native students, exposure to Native American mascots reduces self-esteem, their ability to imagine future accomplishments, and their belief that Native American communities can make a difference. For non-Native people, research shows that mascots are associated with negative thoughts and stereotypes about Native Americans… The portrayals are often outdated, whitewashed stereotypes, and aren’t grounded in realistic portrayals of Native people.”

William Kristol was a leading figure in the conservative movement. His father Irving Kristol was renowned as the godfather of neoconservatism. Bill was the editor of the Weekly Standard for many years. But because he is a principled conservative, he loathes what Trump is doing to our nation. He writes at The Bulwark, my favorite Never-Trump blog.

What’s happening is not normal, he writes:

If the Trump administration’s sudden assault on thousands of foreign students legally studying at Harvard seems unprecedented, it’s because it is. If the abrupt abrogation of temporary protected status for hundreds of thousands of Venezuelans legally living and working in the United States seems unprecedented, it’s because it is. If the sudden arrests and deportations of law-abiding immigrants checking in as ordered at government offices seems unprecedented, it’s because it is. If the deportations of other immigrants without anything like due process and basically in defiance of court orders to prisons in third countries seems unprecedented, it’s because it is.

And if it all seems utterly stupid and terribly cruel and amazingly damaging to this country, it’s because it is.

But it turns out nativism is one hell of a drug. The Trump administration has ingested it in a big way, and it’s driving its dealers and users in the administration into a fanatical frenzy of destructive activity. And the Republican party and much of Conservatism Inc.—and too much of the country as a whole—is just watching it happen.

The United States has many problems. No one seriously thinks that Harvard’s certification to participate in the Student and Exchange Visitor Program is one of them. And the Department of Homeland Security’s announcement of the action against Harvard makes clear this isn’t just about Harvard: “Let this serve as a warning to all universities and academic institutions across the country.” Are our other institutions of higher education suffering from their ability to attract and enroll students from abroad, if they chose to do so? Are the rest of us?

No. And to the degree there are some discrete problems, nothing justifies this kind of action against Harvard. As Andrea Flores, a former DHS official, told the New York Times, “D.H.S. has never tried to reshape the student body of a university by revoking access to its vetting systems, and it is unique to target one institution over hundreds that it certifies every year.”

Similarly, what’s the justification for the Trump administration’s unprecedented sudden and early abrogation of temporary protected status for 350,000 Venezuelans who fled tyranny and are now living peacefully and working productively in this country? There is no broad unhappiness at their presence, no serious case that they are causing more harm than doing good. Nor for that matter is there a real argument that the presence of 20,000 Haitians living and working in Springfield, Ohio, is a problem that required first lies to denigrate them and now attempts to deport them.

And this week, the nominee to head U.S. Citizenship and Immigration Services said the Trump administration intends to end the well-established Optional Practical Training Program, which is the single largest channel for highly skilled immigrants to stay and work in the United States after finishing their education here. A study by a leading immigration scholar, Michael Clemens of George Mason University, finds that slashing that program would cause permanent losses to U.S. innovation, productivity, economic growth, and even job opportunities for native workers.

But here we are, with an administration where fantasy trumps reality, ideology trumps evidence, and demagoguery trumps decency. As the economist Dani Rodrik puts it, “Three things made the US a rich and powerful nation: the rule of law, its science & innovation system, and openness to foreign talent. Remarkable how Trump has taken a sledgehammer to all three. No enemy of this country could do more.”

Foreigners studying and working here are not damaging the United States. A virulently nativist administration is what’s damaging the United States. It’s doing so in ways from which it will be difficult to recover. Just as important, it’s doing so in ways that will be a permanent stain on this nation’s history.

On May 10, Dana Goldstein wrote a long article in The New York Times about how education disappeared as a national or federal issue. Why, she wondered, did the two major parties ignore education in the 2024 campaign? Kamala Harris supported public schools and welcomed the support of the two big teachers’ unions, but she did not offer a flashy new program to raise test scores. Trump campaigned on a promise to privatize public funding, promote vouchers, charter schools, religious schools, home schooling–anything but public schools, which he regularly attacked as dens of iniquity, indoctrination, and DEI.

Goldstein is the best education writer at The Times, and her reflections are worth considering.

She started:

What happened to learning as a national priority?

For decades, both Republicans and Democrats strove to be seen as champions of student achievement. Politicians believed pushing for stronger reading and math skills wasn’t just a responsibility, it was potentially a winning electoral strategy.

At the moment, though, it seems as though neither party, nor even a single major political figure, is vying to claim that mantle.

President Trump has been fixated in his second term on imposing ideological obedience on schools.

On the campaign trail, he vowed to “liberate our children from the Marxist lunatics and perverts who have infested our educational system.”Since taking office, he has pursued this goal with startling energy — assaulting higher education while adopting a strategy of neglect toward the federal government’s traditional role in primary and secondary schools. He has canceled federal exams that measure student progress, and ended efforts to share knowledge with schools about which teaching strategies lead to the best results. A spokeswoman for the administration said that low test scores justify cuts in federal spending. “What we are doing right now with education is clearly not working,” she said.

Mr. Trump has begun a bevy of investigations into how schools handle race and transgender issues, and has demanded that the curriculum be “patriotic” — a priority he does not have the power to enact, since curriculum is set by states and school districts.

Actually, federal law explicitly forbids any federal official from attempting to influence the curriculum or textbooks in schools.

Education lawyer Dan Gordon wrote about the multiple laws that prevent any federal official from trying to dictate, supervise, control or interfere with curriculum. There is no sterner prohibition in federal law than the one that keeps federal officials from trying to dictate what schools teach.

Of course, Trump never worries about the limits imposed by laws. He does what he wants and leaves the courts to decide whether he went too far.

Goldstein continued:

Democrats, for their part, often find themselves standing up for a status quo that seems to satisfy no one. Governors and congressional leaders are defending the Department of Education as Mr. Trump has threatened to abolish it. Liberal groups are suing to block funding cuts. When Kamala Harris was running for president last year, she spoke about student loan forgiveness and resisting right-wing book bans. But none of that amounts to an agenda on learning, either.

All of this is true despite the fact that reading scores are the lowest they have been in decades, after a pandemic that devastated children by shuttering their schools and sending them deeper and deeper into the realm of screens and social media. And it is no wonder Americans are increasingly cynical about higher education. Forty percent of students who start college do not graduate, often leaving with debt and few concrete skills.

“Right now, there are no education goals for the country,” said Arne Duncan, who served as President Barack Obama’s first secretary of education after running Chicago’s public school system. “There are no metrics to measure goals, there are no strategies to achieve those goals and there is no public transparency.”

I have been writing about federal education policy for almost fifty years. There are things we have learned since Congress passed the Elementary and Secondary Education Act in 1965. That law was part of President Lyndon B. Johnson’s agenda. Its purpose was to send federal funds to the schools enrolling the poorest students. Its purpose was not to raise test scores but to provide greater equity of resources.

Over time, the federal government took on an assertive role in defending the rights of students to an education: students with disabilities; students who did not speak English; and students attending illegally segregated schools.

In 1983, a commission appointed by President Reagan’s Secretary of Education Terrell Bell declared that American schools were in crisis because of low academic standards. Many states began implementing state tests and raising standards for promotion and graduation.

President George H.W. Bush convened a meeting of the nation’s governors, and they endorsed an ambitious set of “national goals” for the year 2000. E.g., the U.S. will be first in the world by the year 2000; all children will start school ready to learn by 2000. None of the goals–other than the rise of the high school graduation rate to 90%–was met.

The Clinton administration endorsed the national goals and passed legislation (“Goals 2000”) to encourages states to create their own standards and tests. President Clinton made clear, however, that he hoped for national standards and tests.

President George W. Bush came to office with a far-reaching, unprecedented plan called “No Child Left Behind” to reform education by a heavy emphasis on annual testing of reading and math. He claimed that because of his test-based policy, there had been a “Texas Miracle,” which could be replicated on a national scale. NCLB set unreachable goals, saying that every school would have 100% of their students reach proficiency by the year 2014. And if they were not on track to meet that impossible goals, the schools would face increasingly harsh punishments.

In no nation in the world have 100% of all students ever reached proficiency.

Scores rose, as did test-prep. Many untested subjects lost time in the curriculum or disappeared. Reading and math were tested every year from grades 3-8, as the law prescribed. What didn’t matter were science, history, civics, the arts, even recess.

Some schools were sanctioned or even closed for falling behind. Schools were dominated by the all-important reading and math tests. Some districts cheated. Some superintendents were jailed.

In 2001, there were scholars who warned that the “Texas Miracle” was a hoax. Congress didn’t listen. In time the nation learned that there was no Texas Miracle, never had been. But Congress clung to NCLB because they had no other ideas.

When Obama took office in 2009, educators hoped for relief from the annual testing mandates but they were soon disappointed. Obama chose Arne Duncan, who had led the Chicago schools but had never been a teacher. Duncan worked with consultants from the Gates and Broad Foundations and created a national competition for the states called Race to the Top. Duncan had a pot of $5 billion that Congress had given him for education reform.

Race to the Top offered big rewards to states that applied and won. To be eligible, states had to authorize the creation of charter schools (almost every state did); they had to agree to adopt common national standards (that meant the Common Core standards, funded wholly by the Gates Foundation and not yet completed); sign up for one of two federally funded standardized tests (PARCC or Smarter Balanced) ; and agree to evaluate their teachers by the test scores of their students. Eighteen states won huge rewards. There were other conditions but these were the most consequential.

Tennessee won $500 million. It is hard to see what, if anything, is better in Tennessee because of that audacious prize. The state put $100 million into an “Achievement School District,” which gathered the state’s lowest performing schools into a new district and turned them into charters. Chris Barbic, leader of the YES Prep charter chain in Houston was hired to run it. He pledged that within five years, the lowest-performing schools in the state would rank among the top 20% in the state. None of them did. The ASD was ultimately closed down.

Duncan had a great fondness for charter schools because they were the latest thing in Chicago; while superintendent, he had launched a program he called Renaissance 2010, in which he pledged to close 80 public schools and open 100 charter schools. Duncan viewed charters as miraculous. Ultimately Chicago’s charter sector produced numerous scandals but no miracles.

I have written a lot about Race to the Top over the years. It was layered on top of Bush’s NCLB, but it was even more punitive. It targeted teachers and blamed them if students got low scores. Its requirement that states evaluate teachers by student test scores was a dismal failure. The American Statistical Association warned against it from the outset, pointing out that students’ home life affected test scores more than their teachers.

Duncan’s Renaissance 2010 failed. It destroyed communities. Its strategy of closing neighborhood schools and dispersing students encountered growing resistance. The first schools that Duncan launched as his exemplars were eventually closed. In 2021, the Chicago Board of Education voted unanimously to end its largest “school turnaround” program, managed by a private group, and return its 31 campuses to district control. Duncan’s fervent belief in “turnaround” schools was derided as a historical relic.

Race to the Top failed. The proliferation of charter schools, aided by a hefty federal subsidy, drained students and resources from public schools. Charter schools close their doors at a rapid pace: 26% are gone in their first five years; 39% in their first ten years. In addition, due to lax accountability, charters have demonstrated egregious examples of waste, fraud, and abuse.

The Common Core was supposed to lift test scores and reduce achievement gaps, but it did neither. Conservative commentator Mike Petrilli referred to 2007-2017 as “the lost decade.” Scores stagnated and achievement gaps barely budged.

So what have we learned?

This is what I have learned: politicians are not good at telling educators how to teach. The Department of Education (which barely exists as of now) is not made up of educators. It was not in a position to lead school reform. Nor is the Secretary of Education. Nor is the President. Would you want the State legislature or Congress telling surgeons how to do their job?

The most important thing that the national government can do is to ensure that schools have the funding they need to pay their staff, reduce class sizes, and update their facilities.

The federal government should have a robust program of data collection, so we have accurate information about students, teachers, and schools.

The federal government should not replicate its past failures.

What Congress can do very effectively is to ensure that the nation’s schools have the resources they need; that children have access to nutrition and medical care; and that pregnant women get prenatal care so that their babies are born healthy.

The superstar Bruce Springsteen was giving a concert in Manchester, England, and he stopped to talk about what was happening in the country he loves.

Watch it here.

He was about to sing “My City in Ruins.”

Watching is better but if you prefer to read:

There’s some very weird, strange and dangerous shit going on out there right now. In America, they are persecuting people for using their right to free speech and voicing their dissent. This is happening now.

In America, the richest men are taking satisfaction in abandoning the world’s poorest children to sickness and death. This is happening now.

In my country, they’re taking sadistic pleasure in the pain they inflict on loyal American workers.

They’re rolling back historic civil rights legislation that has led to a more just and plural society.

They are abandoning our great allies and siding with dictators against those struggling for their freedom. They are defunding American universities that won’t bow down to their ideological demands.

They are removing residents off American streets and, without due process of law, are deporting them to foreign detention centers and prisons. This is all happening now.

A majority of our elected representatives have failed to protect the American people from the abuses of an unfit president and a rogue government. They have no concern or idea for what it means to be deeply American.

The America l’ve sung to you about for 50 years is real and regardless of its faults is a great country with a great people. So we’ll survive this moment. Now, I have hope, because I believe in the truth of what the great American writer James Baldwin said. He said, “In this world, there isn’t as much humanity as one would like, but there’s enough.” Let’s pray.

President Trump was very angry when he heard that the very popular Bruce Springsteen spoke out in dissent about the darkness across our land.

Trump posted this:

Was that last sentence a warning? What a petty, thin-skinned, vengeful man he is.

If this weren’t so pathetic, it would be funny.

Chief Justice John Roberts spoke at the Georgetown University Law School about the loss of respect for the rule of law.

Did he point his finger at the President who encouraged an insurrection on January 6, 2021?

No.

Did he blame the loser of the 2020 election who spent four years claiming that the election was rigged and that he didn’t lose?

No.

Did he blame the political party that spent four years asserting not only that the election of 2020 was rigged but that the rightful winner was “crooked” and every member of his family was part of a “crime family”?

No.

Did he blame the President who has openly ignored federal court orders?

No.

Did he blame the President who proposes to abolish due process of law even though it is written into the Constitution?

No.

Did he blame the President who said publicly that he didn’t know whether he is required to support the Constitution?

No.

Chief Justice Roberts is right to be concerned about the shrinkage of civics education, but he is wrong to ignore the reason for that shrinkage: No Child Left Behind made test scores the central goal of education, which diminished everything in the curriculum other than reading and math.

Because so many young people have not received civics education, they are likely to be misled by a charlatan whose actions model contempt for the rule of law and the Constitutuon.

And, worse, it was the Roberts Court that proclaimed that the President while carrying out his duties has absolute immunity and is above the law.

The Supreme Court, in short, overturned the deep-seated principle taught in civics classes that “no man is above the law.”

Mr. Chief Justice, if you want to know who encouraged disrespect for the rule of law, look in the mirror.

Veteran prosecutor Joyce Vance shared some good news: the nomination of Ed Martin to be U.S. Attorney in DC is hanging by a thread and may be dead. Senator Thom Tillis of North Carolina interviewed Martin and said he would vote no in the Senate Judiciary Committee because Martin supported the January 6 insurrectionists, even those who assaulted police officers. Since the split on the committee is 12 Republicans and 10 Democrats, Martin’s nomination would not get to the Senate floor. If you live in North Carolina, please call Senator Tillis and thank him.

Vance writes:

Last night, I wrote to you about Ed Martin, Trump’s nominee to be the United States Attorney in Washington, D.C.. Martin, until quite recently, used the handle “Eagle Ed Martin” on Twitter, a reference to his days working for Phyllis Schlafly’s Eagle Forum. Apparently, someone mentioned to him during the last month that the handle wasn’t appropriate for a U.S. Attorney hopeful.

But no whisper in the ear could fix Martin’s other flaws, from utter lack of qualifications and knowledge about how to do the job to flagrant ties to people known for their open antisemitism. Last night, I suggested we all needed to be in touch with our senators on the Martin nomination. Although we still need to do that, the message is different now. That’s because North Carolina Senator Thom Tillis, a Republican who sits on the Senate Judiciary Committee, made it known that he won’t support Martin. 

Before Martin goes to the floor of the Senate for a confirmation vote, he has to make it out of committee. And that’s unlikely to happen now. The Senate Judiciary Committee is made up of 12 Republicans and 10 Democrats. All of the Democrats oppose Martin. With Tillis abandoning him, the best Martin could do is 11-11, and a nominee who receives a tie vote doesn’t advance. For all practical purposes, the outcome of that vote will be a death knell for his nomination.

Martin may end up rewarded for his loyal service to Trump and Musk with another plum job, one that doesn’t require Senate confirmation. But that doesn’t mean we shouldn’t celebrate the moment and the fact that it looks like he won’t be the top law enforcement officer in the District of Columbia. Defeating Martin’s nomination wasn’t a foregone conclusion—far from it. It took lots of research, lots of conversation, and lots of hard work by a lot of people. You never know which issue, or even which call or letter, is going to be the last straw. What matters is that Trump and his plans are not inevitable, and it makes a difference when all of us push back against the horrible as hard as we can.

Tillis told reporters this morning that he is unable to support Martin because of Martin’s support for defendants convicted of committing crimes in connection with January 6. He is certain to face a sustained backlash from MAGA’s inner circle, so if he’s your senator, make sure you thank him, and if your senator is on the Judiciary Committee (that’s Grassley, Graham, Cornyn, Lee, Cruz, Hawley, Tillis, Kennedy, Blackburn, Schmitt, Britt, and Moody on the Republican side and Durbin, Whitehouse, Klobuchar, Coons, Blumenthal, Hirono, Booker, Padilla, Welch, and Schiff for the Democrats) this is a good time to reach out and either thank them for opposing or encourage them to show a little backbone and follow Tillis’ lead. Martin, after all, supports the people who overran the Capitol, threatening these folks and their staff. He is the least qualified selection I can recall seeing to lead a U.S. Attorney’s office, even edging out Trump’s former attorney Alina Habba, the New Jersey nominee, who should be rejected as well. This is a very big win for pro-democracy forces.

There was also a win on a very different front, one that didn’t get a lot of national attention. Trump’s efforts to cut staff and funding at national parks have garnered a lot of attention in the protests that have cropped up across the country. Many protests have taken place at the parks themselves, notably at Yosemite, where staff unfurled an upside-down American flag atop El Capitan to signal distress. On March 1, people protested at all 433 sites in the national park system—the 63 national parks and additional sites like monuments and historic places. Americans, it turns out, love their national parks.

Despite that, the Trump administration continues to keep them on the chopping block. Last week, the Washington Post reported that the Trump administration had suspended all air-quality monitoring at national parks, stating that “The Interior Department, which includes the National Park Service, issued stop-work orders last week to the two contractors running the program, the email shows.”

The reporting provided detail that makes it clear this is a serious matter:

  • Data was being collected on ozone and particulate matter and being used in connection with requests to grant permits to industrial facilities like power plants and oil refineries in close proximity to the parks.
  • The pollutants data was being collected on are “linked to a range of adverse health effects,” including “heart attacks, strokes, asthma attacks and premature death.”
  • One goal of the program is “to curb regional haze,” which has “reduced visibility at scenic viewpoints in parks nationwide” over the past few decades.

Park Service employees pushed back and demanded that monitoring continue. They pointed out that states lack the equipment and resources to monitor and that without federal monitoring, they would be flying blind. It’s part and parcel of discontinuing environmental justice work at the Justice Department. Data makes it possible to protect the environment and the people who live in it. Trump is creating a permissive environment for business—when you can’t document the consequences of a new plant permit, for instance, it’s hard to oppose it.

But today, Washington Post reporter Teddy Amenabar posted on social media that “After The Post’s article was published, a Park Service spokesperson said the stop-work orders would be reversed and that ‘contractors will be notified immediately.’” Whether it’s traditional media, new media, protests, or our communications with our elected officials, it’s clear that none of what Trump wants to do is inevitable. Sunlight continues to act as a disinfectant. Government employees need public support right now, especially as many of them continue to bravely do the right thing, whether it’s federal prosecutors or park rangers. They richly deserve our support.

So if you’ve been questioning whether what you’re doing matters, it does. The signs you make, the protests you go to, the letters and calls you make to elected officials, your efforts to share information (like this newsletter) with people—all of these efforts matter. It all adds up, small victories and large ones.

Speaking of big ones, Donald Trump appears to have knowingly lied when he invoked the Alien Enemies Act (AEA) in order to deport alleged members of the Venezuelan Tren de Aragua gang. In his proclamation, he said, “TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking. TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States.”

Not so fast. An intelligence community memo was partially declassified yesterday, two weeks after a FOIA request was made for it—that’s lightning speed in the world of FOIA, where requests can drag on for years. The memo contradicts Trump’s claimed basis for invoking the AEA. Hat tip to my friend Ryan Goodman, whose new Substack is great if you haven’t seen it already, for highlighting the parts of the memo that contradict Trump’s claim that TdA is mounting an invasion of the U.S. on behalf of Venezuela’s government.

Someone involved in responding to FOIA requestsseems to have been highly motivated to make sure the American people have access to the truth. Win.

It’s not clear how or whether this will impact ongoing litigation. Judges largely defer to presidential assessments of this nature under the political questions doctrine. We don’t know if this revelation will have any impact in court, although there should be some ambit, even if it’s small, for courts to reject presidential assessments that run entirely contrary to the facts. But in the court of public opinion, where facts still matter, here are some facts, from the people who know the subject best.

Finally for tonight, the North Carolina Supreme Court race that we’ve been following so carefully since last November seems to finally be over, and Allison Riggs, the Democrat who won the race, will now be declared the winner per an order issued by a federal judge who is a Trump appointee. Two recounts confirmed Riggs’ victory, but the disgruntled loser challenged it nonetheless. He tried to convince courts to disallow ballots cast by North Carolina voters who complied with all of the rules for voting by changing the rules about what ballots could be counted after the fact. He could still appeal this ruling, but it is a solid decision and unlikely to be reversed on appeal. The bottom line democratic principle is that you don’t get to move the goal posts to secure a victory. Didn’t work for Trump, and it didn’t work in North Carolina. Chalk another one up for the rule of law.

Whether it’s lawsuits or your letters, engaged citizens get results. We have a long way to go, but take heart; we are making progress. We can get there. Every little step forward adds to the tally in favor of democracy.

We’re in this together,

Joyce

Trump’s war on higher education is similar to his war on every other major institution. He wants everyone to be afraid of him. He wants no critics to escape his wrath. He wants dissident voices silenced. He wants to be our king, our emperor, our dictator.

He has threatened to punish law firms that have represented his opponents, such as his 2016 challenger Hillary Clinton and Special Counsel Jack Smith, who gathered evidence of Trump’s crimes but was ultimately defeated by Trump’s delaying tactics.

He has threatened the news media, hitting CBS News “60 Minutes” with a $10 billion lawsuit for editing its interview with Kamala Harris (which is standard practice) and suing ABC News for a remark by George Stephanopoulos that he didn’t like. Both of these are frivolous lawsuits, but CBS is negotiating a settlement and ABC paid out $15 million to end the lawsuit. In a pre-emptive conciliatory move, Amazon (Jeff Bezos) bought the rights to a documentary about Melania Trump for $40 million, which will be produced by Melania. Bezos owns The Washington Post, where he has told the editorial board to go easy on Trump. The Post lost some of its best journalists after Bezos groveled to Trump.

He has threatened to cut off federal funding to universities if they don’t meet his demands. The ostensible reason for targeting universities is to compel them to combat anti-Semitism on their campuses, but it’s hard to credit Trump’s sincerity. He has defended anti-Semites, dined with them, and received their support. His best friend Elon Musk supported Germany’s far-right AfD party in the recent elections. A man who cares so little about civil rights, who attacks academic freedom, who defunds education and social services, who belittles minorities, who threatens democracy, and who is so utterly lacking in compassion–is no friend of Jews.

Last Friday, Trump said on his “Truth Social” account:

“We are going to be taking away Harvard’s Tax Exempt Status,” Trump wrote in a social media post. “It’s what they deserve!”

The President of the United States cannot take away the tax-exempt status of any individual or organization. That is a decision made by the IRS, and it is illegal for the President or Vice-President or any other government official to interfere in that decision. Such a decision is made by the IRS, must be made for cause, and the institution has the right to defend itself. The process can take years.

If the President could order the IRS to audit or investigate his enemies, it would be a very dangerous policy. He can’t. With Trump, the law is a minor inconvenience, so who knows what he will do. The Supreme Court told him he has absolute immunity so maybe he can disregard the law.

The Trump administration is blasting away at Harvard on multiple fronts. The Department of Homeland Security has threatened to revoke Harvard’s ability to enroll international students, who are 27 percent of Harvard’s enrollments.

The Education Department has demanded that Harvard supply the names and email addresses of all foreign students who were expelled since 2016. The Department also wants the names of all scholars, researchers, students and faculty associated with any foreign government. Just a few days ago, Secretary McMahon informed Harvard that it is no longer eligible for new funding so long as it continues to oppose the president’s agenda. That would mean allowing Trump’s agents to take control of admissions, hiring, and curriculum. The nation’s most prestigious university would have to abandon its independence to Trump.

The Department of Health and Human Services and the National Science Foundation have suspended over $2 billion in grants to Harvard for medical and scientific research. Studies that are focused on causes and cures for tuberculosis and ALS, for example, have come to a halt. Another $7 billion in research funding could be suspended. This could damage the research and work of hospitals across the Boston metro area, and the economy of Massachusetts as well. Since Massachusetts is a blue state, Trump doesn’t care.

If this looks like harassment, that’s because it is.

Trump is certainly no libertarian. He is using every federal source of funding to compel universities, colleges, schools, cities, and states to follow his commands.

That’s not democracy. That’s dictatorship.

The Trump administration claims that it wants to reduce federal intervention into the nation’s public and private institutions. But it intervenes forcefully in both public and private sectors to punish anyone with different views. It has threatened to withhold federal funding for research from universities unless the targeted universities allow the federal government to supervise its curriculum, its hiring policies, and its admissions policies. And he threatened to stop the funding of any K12 school that continues DEI programs.

The Trump regime has created a nanny state.

From Day 1, Trump made clear that he would ban practices and policies intended to diversity, equity, and inclusion. He threatened to withhold federal funding of schools that ignored his order to eliminate DEI. He has taken complete control of the Kennedy Center, so as to block DEI programming, and he has appointed a woman with no credentials to remove DEI from the Smithsonian museums.

Who knows how the African American Museum will survive Trump’s DEI purge.

ABC News reported that a federal district judge has halted the DEI ban, at least in schools associated with one of the lawsuit’s plaintiffs, the NEA.

ABC News reported:

The Trump administration’s attempt to make federal funding to schools conditional on them eliminating any DEI policies erodes the “foundational principles” that separates the United States from totalitarian regimes, a federal judge said on Thursday.

In an 82-page order, U.S. District Judge Landya McCafferty partially blocked the Department of Education from enforcing a memo issued earlier this year that directed any institution that receives federal funding to end discrimination on the basis of race or face funding cuts.

“Ours is a nation deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned,” Judge McCafferty wrote, adding the “right to speak freely and to promote diversity of ideas and programs is…one of the chief distinctions that sets us apart from totalitarian regimes.”

“In this case, the court reviews action by the executive branch that threatens to erode these foundational principles,” she wrote.

The judge stopped short of issuing the nationwide injunction, instead limiting the relief to any entity that employs or contacts with the groups that filed the lawsuit, including the National Education Association and the Center for Black Educator Development.

Petula Dvorak of the Washington Post wrote about the efforts by the Trump administration to rewrite American history. Trump wants “patriotic history,” in which evil things never happened and non-white people and women were seldom noticed. In other words, he wants to control historical memory, sanitize it, and restore history as it was taught when he was in school about 65 years ago (1960), before the civil rights movement, the women’s movement, and other actions that changed what historians know and teach.

Dvorak writes:

A section of Arlington National Cemetery’s website highlighting African American military heroes is gone.

Maj. Lisa Jaster was the first woman to graduate from Army Ranger school. But that fact has been scrubbed from the U.S. Army Reserve [usar.army.mil] and Department of Defense websites. [search.usa.gov]

The participation of transgender and queer protesters during the LGBTQ+ uprising at New York’s Stonewall Inn was deleted from the National Park Service’s website [nps.gov] about the federal monument.

And the Smithsonian museum in Washington, which attracts millions of visitors who enter free each year, will be instructed by Vice President JD Vance to remove “improper ideology.”

In a series of executive orders, President Donald Trump is reshaping the way America’s history is presented in places that people around the world visit.

In one order, he declared that diversity, equity and inclusion efforts “undermine our national unity,” and more pointedly, that highlighting the country’s most difficult chapters diminishes pride in America and produces “a sense of national shame.”

The president’s orders have left historians scrambling to collect and preserve aspects of the public record, as stories of Black, Brown, female or LGBTQ+ Americans are blanched from some public spaces. In some cases, the historical mentions initially removed have been replaced, but are more difficult to find online.

That rationale has galvanized historians to rebuke the idea that glossing over the nation’s traumas — instead of grappling with them — will foster pride, rather than shame.

Focusing on the shame, they say, misses a key point: Contending with the uglier parts of U.S. history is necessary for an honest and inclusive telling of the American story. Americans can feel pride in the nation’s accomplishments while acknowledging that some of the shameful actions in the past reverberate today.

“The past has no duty to our feelings,” said Chandra Manning, a history professor at Georgetown University.

“History does not exist to sing us lullabies or shower us with accolades. The past has no obligations to us at all,” Manning said. “We, however, do have an obligation to the past, and that is to strive to understand it in all its complexity, as experienced by all who lived through it, not just a select few.”

That is not to say that the uncomfortable weight of difficult truths isn’t a valid emotion.

Postwar Germans were so crushed by the burden of their people’s past, from the horrors of the Nazi regime to the protection of war criminals in the decades after the war, that they have a lengthy word for processing it: vergangenheitsbewältigung, which means the “work of coping with the past.” It has informed huge swaths of German literature and film and has shaped the physical way European cities create memorials and museums.

America’s version of vergangenheitsbewältigung can be found across the cultural landscape. From films to books to classrooms and museums, Americans are learning more details about slavery in the South, the way racism has affected everything from baseball to health care, and how sexism shaped the military.

Trump, however, looks at the U.S. version of vergangenheitsbewältigung differently.
“Over the past decade, Americans have witnessed a concerted and widespread effort to rewrite our Nation’s history, replacing objective facts with a distorted narrative driven by ideology rather than truth,” said the executive order targeting museums, called “Restoring Truth and Sanity to American History.”

That is what “fosters a sense of national shame,” he says in his order.

Historians take exception to that. “I would argue that it’s actually weird to feel shame about what people in the past did,” Georgetown history professor Katherine Benton-Cohen said.
“As I like to tell my students, ‘I’m not talking about you. We will not use ‘we’ when we refer to Americans in the past, because it wasn’t us and we don’t have to feel responsible for their actions. You can divest yourself of this feeling,’” she said.

Germans also have a phrase for enabling a critical look at their nation’s past: die Gnade der spät-geborenen, “the grace of being born too late” to be held responsible for the horror of the Nazi years.

Benton-Cohen said she honed her approach to this during her first teaching job in the Deep South in 2003, when she emphasized the generational gap between her students and the history they were studying.

“They could speak freely of the past — even the recent past, like the 1950s and 1960s, because they weren’t there,” she said. “They were free to make their own conclusions. It was exciting, and it worked. Many told me it was the first time they had learned the history of the 1960s because their high schools — both public and private — had skipped it to avoid controversy. We did fine.”

Trump hasn’t limited his attempt to control how history is presented in museums or memorials. Among the first executive orders he issued was “Ending Radical Indoctrination in K-12 Schooling.” Another one sought to eliminate diversity, equity and inclusion in the nation’s workplaces, classrooms and museums. His version of American history tracks with how it was taught decades ago, before academics began bringing more diverse voices and viewpoints into their scholarship.

Maurice Jackson, a history professor at Georgetown University who specializes in jazz and Black history, said Black Americans have fought hard to tell their full story.

Black history was first published as “The Journal of Negro History” in 1916, in a townhouse in Washington when academic Carter G. Woodson began searching for the full story of his roots. A decade later, he introduced “Negro History Week” to schools across the United States, a history lesson that was widely cheered by White teachers and students alongside Black Americans who finally felt seen.

“Black history is America’s history,” Jackson said. And leaving the specifics of the Black experience out because it makes some people ashamed gives an incomplete picture of our nation, he said.

After Trump issued his executive orders, federal workers scrambled to interpret and obey them, which in some cases led to historical milestones being removed, or covered up and then replaced.

Federal workers removed a commemoration of the Tuskegee Airmen from the Pentagon website, then restored it. They taped butcher paper over the National Cryptologic Museum’s display honoring women and people of color, then uncovered the display.

Mentions of Harriet Tubman in a National Park Service display about the Underground Railroad were removed, then put back. The story of legendary baseball player Jackie Robinson’s military career was deleted from the Department of Defense website, then restored several days later.

Women known as WASPs risked their lives in military service — training and test pilots during World War II for a nation that didn’t allow them to open a bank account — is no longer a prominent part of the Pentagon’s digital story.

George Washington University historian Angela Zimmerman calls all the activity. which happened with a few keystrokes and in a matter of days, the digital equivalent of “Nazi book burnings.”

In response, historians — some professional, some amateur — are scrambling to preserve information before it is erased and forgotten.

The Organization of American Historians created the Records at Risk Data Collection Initiative, which is a callout for content that is in danger of being obliterated

This joins the decades-long work of preserving information by the Internet Archive, a California nonprofit started in 1996 that also runs the Wayback Machine, which stores digital records.

Craig Campbell, a digital map specialist in Seattle, replicated and stored the U.S. Geological Service’s entire historical catalogue. His work was crowdfunded by supporters.

“Historical maps are critical for a huge range of industries ranging from environmental science, conservation, real estate, urban planning, and even oil and gas exploration,” said Campbell, whose mapping company is called Pastmaps. “Losing access to the data and these maps not only destroys our ability to access and learn from history, but limits our ability to build upon it in so many ways as a country.”

After astronomer Rose Ferreira’s profile was scrubbed from, then returned, to NASA’s website, she posted about it on social media. In response, an online reader created a blog, Women in STEM, to preserve stories such as Ferreira’s.

“Programs that memorialize painful truths help ensure past wrongs are never revived to harm again,” Rep. Steven Horsford (D-Nevada), said on X, noting that presidents are elected to “run our government — not rewrite our history.”

Authoritarian leaders have long made the whitewashing of history a tool in their regimes. Joseph Stalin expunged rivals from historic photographs. Adolf Hitler purged museums of modernist art and works created by Jewish artists, which he labeled “degenerate.” Museums in Mao Zedong’s China glorified his ideology.

While this may be unfamiliar to Americans, Georgetown University history professor Adam Rothman says that in the scope of human history, “these are precedented times.”

It’s not yet clear what the real-world effect of Trump’s Smithsonian order will be or exactly how it will be carried out. Who will determine what exhibits cause shame and need to be removed? What will the criteria be? Will exhibits that discuss slavery, for instance, be eliminated or altered?

“Our nation is an ongoing experiment,” says Manning, the Georgetown history professor, who has written books about the Civil War. “And what helps us do that now in 2024 compared to 1776 is that we do have a shared past.

“Every single human culture depends upon, grows out of, and is shaped by its past,” she said. “It is the past that has shaped all of us, it is our past that contains the bonds that can really hold us together.”

It’s what makes the study — and threat to — American history unique among nations. Benton-Cohen said that is what she sees happen with her students.

“The American striving to realize the democratic faith and all the difficulties it entailed and challenges overcome should inspire pride, not shame,” she said. “If you feel shame, as the kids would say, that’s a ‘you’ problem. That’s why I still fly the flag at my house; I’m not afraid of the American past, I’m alive with the possibilities — of finding common cause, of fighting for equality, of appreciating our shared humanity, of upholding our freedoms.”