Archives for category: Civil Rights

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.”

Wisconsin Public Radio reported that State Superintendent Jill Underly has announced that the state will not comply with a letter from U.S. Secretary of Education Linda McMahon in which she directed states to agree with the Trump administration about stamping out diversity, equity, and inclusion. Trump wants to eliminate DEI, which would involve reversing compliance with existing civil rights law. In addition, although McMahon may not know it, she is violating federal law by attempting to influence curriculum and instruction in the schools.

Thank you, Superintendent Underly!

WPR reported:

Wisconsin school districts won’t comply with a directive from the Trump administration to eliminate diversity, equity and inclusion programs until districts have more information.

On Wednesday, state Superintendent Jill Underly asked the U.S. Department of Education for clarification on both the intent and legality of an April 3 directive that schools sign a letter acknowledging they’re following the government’s interpretation of civil rights laws.

Schools were given 10 days to do so, or be at risk of losing Title I funding. The federal government later extended the deadline to April 24. 

This school year, Wisconsin received about $216 million in Title I funds. About $82 million of that money went to Milwaukee Public Schools.

Underly said the request from the Department of Education potentially violates required procedural steps, is unnecessarily redundant and appears designed to intimidate school districts by threatening to withhold critical education funding.

“We cannot stand by while the current administration threatens our schools with unnecessary and potentially unlawful mandates based on political beliefs,” Underly said in a statement. “Our responsibility is to ensure Wisconsin students receive the best education possible, and that means allowing schools to make local decisions based on what is best for their kids and their communities.”

On Feb. 14, the U.S. Department of Education sent a “Dear Colleague” letter giving educational institutions 14 days to eliminate diversity initiatives or risk losing federal funding.

At that time, the state DPI issued guidance to school districts encouraging a “measured and thoughtful approach, rather than immediate or reactionary responses to the federal government’s concerns.”

Secretary of Education Linda McMahon has not clearly defined what the administration considers a violation of civil rights law. The February letter said institutions must “cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, scholarship.”

In a related document addressing frequently asked questions about how the administration would interpret Title VI of the Civil Rights Act of 1964, the agency said: “Many schools have advanced discriminatory policies and practices under the banner of ‘DEI’ initiatives.” 

The document went on to say that schools could engage in historical observances like Black History Month, “so long as they do not engage in racial exclusion or discrimination.”

Last weekend, the Network for Public Education hosted its conference in Columbus, Ohio. Since our first conference in 2013 in Austin, everyone has said “this is the best ever,” and they said it again on April 7.

The attendees included the newly re-elected State Superintendent of Schools in Minnesota, Jill Underly. The Democratic leader of the Texas House Education Committee, Gina Hinojosa. Numerous teachers of the year from many states. Parent leaders from across the nation.

The Phyllis Bush Award for grassroots organizing was won by the Wisconsin Public Education Network, a parent-led group, who have stood firm for their public schools.

The David Award for the individual or group who courageously stands up to powerful forces on behalf of public schools and their students was won by Pastor Charles Johnson of Pastors for Texas Children, whose organization has fought against Governor Greg Abbott and the billionaires who want to impose vouchers, despite their failure everywhere else and the harm they will wreak on rural schools.

The last speaker was Tim Walz, Governor of Minnesota and former Democratic candidate for Vice President in 2024. He was warm, funny, and inspiring.

Nearly 400 educators attended the conference from all across the nation, and everyone stayed to hear Governor Walz, who was wonderful. In time, I will post videos of the main presentations, including his. April 7 was his birthday, and it was too late to get a birthday cake. But two veteran educators left the hotel to find a bakery and returned with a cake.

I introduced Randi Weingarten and reminded the audience that Mike Pompeo had called her “the most dangerous person in the world,” which she should wear as a badge of honor.

Randi gave a rip-roaring speech that brought the audience to its feet. She presented Governor Walz with his birthday cake and everything sang “Happy birthday.”

He was fabulous. He was supposed to slip away at the end of his speech, through a private back door but someone caught up with him and asked for a selfie. Of course, he obliged. Within minutes, it appeared that at least 250 or more people were standing in line for a selfie. He did not leave. He signed autographs and posed for selfies with everyone who wanted one.

He is humble, self-effacing, has a crackling dry wit, and is most definitely a people person.

In the opening session on Friday night, I engaged in a Q & A with Josh Cowen about his recent book: The Privateers: How Billionaires Created a Culture War and Sold School Vouchers. Again, the room was overflowing. Josh was excellent at explaining the terrible results of vouchers and how they turned into a subsidy for wealthy families. Why do politicians continue to promote them. The billionaire money is irresistible.

The panels were fabulous. I participated in one about the close link between public schools and democracy. The room was packed, and we had people lining the walls. A panel led by Derek Black, law professor at the university of South Carolina, and Yohuru Williams, dean of the University of Saint Thomas in St. Paul, talked about the history of Black education, inspired by Derek’s new book Dangerous Learning: The South’s Long War on Black Literacy.

Here is the first report on the conference by Leonie Haimson, including a video clip of Randi presenting the birthday cake to Governor Walz and the audience singing “Happy Birthday” to him.

Public schools are in the crosshairs of the Trump Administration. The fact that they have failed matters not at all to religious zealots and libertarians. The fact that they bust state budgets doesn’t matter. The fact that they are a subsidy for rich families doesn’t matter. Those rich families will vote for the politicians who gave them a gift.

The urgency of standing up for public schools, defending their teachers, protecting their students, and fighting censorship of books and curriculum has never been more important than now.

The Network for Public Education is committed to stand up for kids, teachers, public schools, and communities. .

Peter Greene, veteran teacher, master writer, the voice of wisdom and experience, sets the record straight about the purpose of the U.S. Department of Education. Contrary to what wrestling-entrepreneur Linda McMahon (Trump’s Secretary of Education) says, the Department was not created to raise test scores. The Department was created to promote equal access to educational opportunity. That equalization of resources has not yet been achieved, but Trump intends to abolish the goal altogether. In his thinking, everyone should pull themselves up by their bootstraps, unlike him, who was born into wealth and privilege.

Peter Greene writes:

The official assault on the Department of Education has begun.

If it seems like there’s an awful lot more talking around this compared to, say, the gutting of the IRS or USAID, that may be because the regime doesn’t have the legal authority to do the stuff that they are saying they want to do. The executive order is itself pretty weak sauce– “the secretary is to investigate a way to form a way to do stuff provided it’s legal.” And that apparently involves sitting down in front of every camera and microphone and trying to make a case.

A major part of that involves some lies and misdirection. The Trumpian line that we spend more than anyone and get the worst results in the world is a lie. But it is also a misdirection, a misstatement about the department’s actual purpose.

Likewise, it’s a misstatement when the American Federation of Children characterizes the “failed public policy” of “the centralization of American education.” But the Department wasn’t meant–or built–to centralize US education.

The department’s job is not to make sure that American education is great. It is expressly forbidden to exert control over the what and how of education on the state and local level.

The Trump administration is certainly not the first to ignore any of that. One of the legacies of No Child Left Behind is the idea that feds can grab the levers of power to attempt control of education in the states. Common Core was the ultimate pretzel– “Don’t call it a curriculum because we know that would be illegal, but we are going to do our damnedest to standardize the curriculum across every school in every state.” For twenty-some years, various reformsters have tried to use the levers of power in DC to reconfigure US education as a centrally planned and coordinated operation (despite the fact that there is nowhere on the globe to point to that model as a successful one). And even supporters of the department are speaking as if the department is an essential hub for the mighty wheel of US education.

Trump is just working with the tools left lying around by the bipartisan supporters of modern education reform.

So if the department’s mission is not to create central organization and coordination, then what is it?

I’d argue that the roots of the department are not the Carter administration, but the civil rights movement of the sixties and the recognition that some states and communities, left to their own devices, would try to cheat some children out of the promise of public education. Derek Black’s new book Dangerous Learning traces generations of attempts to keep Black children away from education. It was (roughly) the 1960s when the country started to grapple more effectively with the need for federal power to oppose those who would stand between children and their rights.

The programs that now rest with the department came before the department itself, programs meant to level the playing field so that the poor (Title I) and the students with special needs (IDEA) would get full access. The creation of the department stepped up that effort and, importantly, added an education-specific Civil Rights office to the effort.

And it was all created to very carefully not usurp the power of the states. When Trump says he’ll return control of education to the states, he’s speaking bunk, because the control of education has always remained with the states– for better or worse.

The federal mission was to make the field more level, to provide guardrails to keep the states playing fair with all students, to make sure that students had the best possible access to the education they were promised.

Trump has promised that none of the grant programs or college loan programs would be cut (and you can take a Trump promise to the… well, somewhere) but if all the money is still going to keep flowing, then what would the loss of the department really mean?

For one thing, the pieces that aren’t there any more. The Office of Civil Rights is now gutted and repurposed to care only about violations of white christianist rights. The National Center of Education Statistics was the source of any data about how education was working out (much of it junk, some of it not). The threat of turning grants into unregulated block grants, or being withheld from schools that dare to vaccinate or recognize diversity or keep naughty books in the library.

So the money will still flow, but the purpose will no longer be to level the playing field. It will not be about making sure every child gets the education they’re entitled to– or rather, it will rest on the MAGA foundation, the assumption that some people deserve less than others.

That’s what the loss of the department means– a loss of a department that, however imperfectly, is supposed to protect the rights of students to an education, regardless of race, creed, zip code, special needs, or the disinterest and prejudice of a state or community. Has the department itself lost sight of that mission from time to time? Sure has. Have they always done a great job of pursuing that mission? Not at all. But if nobody at all is supposed to be pursuing that goal, what will that get us?

As I read this frightening post by Thom Hartmann, I was reminded of the many times in first term that he longed for protestors or suspects to be roughed up. He spoke to police officers in New York and urged them not to be so gentle when they apprehended suspects. He encouraged his audience to beat up troublemakers and send him their legal bills. He has a strange love of violence, though he himself dodged the draft five times.

Hartmann describes the freedom of ICE to arrest and detain anyone without a warrant, without any due process. Where is this going?

It can happen here. It is happening here.

Hartmann writes:

Imagine stepping off a plane in the United States, fully expecting to enter the country without issue, only to be surrounded by armed agents, handcuffed, and thrown into a freezing detention center. No trial. No lawyer. No contact with the outside world.

In Trump’s America, you are no longer guaranteed your rights or freedom—because now, it takes nothing more than an ICE agent’s “suspicion” to make you disappear.

This isn’t a mistake. It’s part of an expanding system of cruelty, where ICE—once an agency tasked with immigration enforcement—is now operating like an unchecked police force, targeting legal residents, visitors, and even US citizens with impunity.

They have become—since the days when Trump sent them here into Portland without ID to kidnap citizens off the streets and torment them in 2020—the Führer’s private police force. His very own “protection squads” or Schutzstaffel.

People who follow every rule, complete all the required paperwork, and obey every regulation are still finding themselves locked away, held in horrific conditions, and stripped of their rights—all based on the whims of an agent who doesn’t even need evidence to justify an arrest.

A U.S. citizen from Chicago was among 22 people recently subjected to unlawful arrests and detention by ICE. The U.S. Government Accountability Office found that during Trump’s first term, immigration authorities asked to hold approximately 600 likely citizens and actually deported about 70 likely citizens.

But now, in part because of the Laken Riley Act, it’s getting worse. Forty-two Democrats in the House and fourteen in the Senate voted to pass this execrable GOP bill last month; it was named after a young woman murdered by an undocumented alien whose story was relentlessly promoted by Fox “News” and other rightwing hate media.

That law, recently signed by Trump, says that ICE now has the authority to detain anybody — anybody — for an indefinite period of time — no time limit whatsoever — if an ICE agent simply says that he or she “suspects” the person is in the country illegally or without documentation.

Did you think, “It can’t happen here”?

Wake up: Trump has already begun putting it into effect, although our media seem curiously silent about its application.

Fabian Schmidt, a German-born engineer, has lived in the United States for nearly two decades, legally working, paying taxes, and contributing to his community. None of that mattered when he returned home from a trip abroad. As soon as he landed at Logan Airport in Boston, ICE agents pulled him aside. His green card renewal was “flagged” for some unknown reason—no explanation, no opportunity to clarify, just a red mark in a government system.

That was all it took. ICE stripped him of his clothes, subjected him to hours of aggressive questioning, and locked him in a detention center. They threw him into an ice-cold shower and left him shivering on the concrete floor, humiliated and terrified.

For days, his mother, Astrid, desperately tried to find him. She called ICE, Customs and Border Protection, and any agency that might give her an answer. They either ignored her or outright lied, claiming they had no record of her son. When she finally learned where he was, Fabian was barely holding himself together. “They treat us like animals,” he told her.

And why was he there? Because of a supposed “bureaucratic error.” ICE used a minor paperwork issue as an excuse to detain a legal resident of the United States without due process, a tactic that’s becoming frighteningly common.

For Jessica Brösche, a German tattoo artist, her visit to the United States was supposed to be brief—just a trip to see friends and enjoy the country. She had a valid passport, a return ticket, and legal permission to enter under the Visa Waiver Program. Yet, ICE decided that she might try to work while visiting, a baseless assumption that required no proof and no justification. 

Just “suspicion.” That was enough to detain her indefinitely.

Once inside, the nightmare deepened. They threw her into a cell with no bed and no access to legal assistance. For eight straight days, they kept her in solitary confinement. The lights never dimmed, and the sounds of other detainees screaming in despair echoed through the walls. She started hallucinating, her grip on reality slipping. Desperate to feel something, anything real, she punched the walls until her knuckles bled.

Meanwhile, her best friend, Amelia, searched frantically for her. ICE refused to confirm her location or even acknowledge that they had detained her. No charges, no trial, no legal recourse—just silence.

Jessica’s case isn’t unique. People who follow all immigration rules are being detained under vague suspicions, often disappearing into a bureaucratic black hole. And once they’re inside the system, their rights mean nothing.

Consider Jasmine Mooney, the actor who starred in the American Pie franchise and a Canadian businesswoman who played by the rules. She secured a job offer, completed all visa paperwork, and followed every U.S. immigration law to the letter. But that didn’t stop ICE from shackling her, chaining her wrists, ankles, and waist as if she were a violent offender.

For days, she was trapped in a brutal private, for-profit detention facility, laying on the bare floor with nothing but a crinkled foil sheet for warmth. Then, in the dead of night, ICE dragged her from her cell, bound her in chains again, and forced her onto a bus with dozens of other women. They drove for hours, denying them food, water, or bathroom breaks. By the time she arrived at another facility, she had been awake for 24 hours and was too weak to stand.

To this day, ICE refuses to explain why she was detained. And why would they? They don’t have to. The agency operates with absolute power, detaining people for as long as they want, answering to no one.

Moody tells her horrifying story to The Guardian, writing:

“I was then placed in a real jail unit: two levels of cells surrounding a common area, just like in the movies. I was put in a tiny cell alone with a bunk bed and a toilet. …

“There were around 140 of us in our unit. Many women had lived and worked in the US legally for years but had overstayed their visas – often after reapplying and being denied. They had all been detained without warning.”

These aren’t isolated cases. ICE has transformed itself into an authoritarian force that detains people indefinitely on suspicion alone. No evidence? No trial? No problem.

And the for-profit prison industry that’s holding many if not most of them has no incentive to help these people; the more they detail and the longer they stay, the more money the prison companies make (which they then share as campaign donations with Republican politicians).

ICE agents don’t need proof. They only need the power to act—and Trump has given it to them.

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Please open the link to continue reading this important post.

Perhaps the most stunning act of legerdemain in recent history was the bold capture of civil rights laws as a tool to ignore its original beneficiaries–people of color and women–and to turn those laws into a protective shield for men and white Christians. No longer will white Christians be demonized and oppressed!

Jessica Washington writes in The intercept about how the Trump administration has twisted the civil rights rhetoric so that the beneficiaries are white Christians.

She wrote:

With an assist from Elon Musk and his so-called Department of Government Efficiency, Trump has made the elimination of diversity, equity, and inclusion a centerpiece of his new administration.  For all the crowing about his early success — much of it greatly overinflated— Trump has simply flipped the script: Instead of creating a level playing field, he launched DEI for white Christians.

“They’ve stumbled on a winning strategy, which is to portray white people as victims.”

Trump’s bid to dismantle the legacy of the civil rights movement while using its own language is part and parcel of the Christian right’s playbook, according to Christine Reyna, a psychology professor at DePaul University who studies extremism.

“They’ve stumbled on a winning strategy, which is to portray white people as victims and portray their movement as a civil rights movement,” Reyna said. “And they’ve completely co-opted the strategies of the Black civil rights movement.”

At the prayer event that morning, Trump announced the latest gift to his right-wing evangelical supporters: a task force on “anti-Christian bias,” helmed by his new Attorney General Pam Bondi.

“[T]he task force will work to fully prosecute anti-Christian violence and vandalism in our society and to move heaven and earth to defend the rights of Christians and religious believers nationwide,” he said.

So, in Trump’s new world order, any effort to raise up Blacks, women, Hispanics, and other minorities is immediately derided as “woke” or DEI and banned.

Such efforts, by implication, are anti-white. The Trump administration rides to the rescue of white Christians, to end their persecution.