Archives for category: Corruption

Heather Cox Richardson pulls together the signs of Trump’s descent into unapologetic fascism. He offers no agenda or policies for the future, but focuses instead of who he will punish. Immigrants, he insists, are the biggest problem facing the nation. He promises to restore the U.S. to its imagined glory of white male Christian supremacy. If elected, he will call out the National Guard or the military to round up not only immigrants but his political enemies. He is a dangerous man. He is increasingly paranoid, determined to punish his enemies. Will he imprison Harris, Biden, Clinton, Obama, Newsom, and others who have opposed him?

She writes:

“He is the most dangerous person ever. I had suspicions when I talked to you about his mental decline and so forth, but now I realize he’s a total fascist. He is now the most dangerous person to this country…a fascist to the core.” 

This is how former chairman of the Joint Chiefs of Staff Mark Milley, the nation’s highest-ranking military officer and the primary military advisor to the president, the secretary of defense, and the National Security Council, described former president Donald Trump to veteran journalist Bob Woodward. Trump appointed Milley to that position. 

Since he announced his presidential candidacy in June 2015 by calling Mexican immigrants rapists and criminals, Trump has trafficked in racist anti-immigrant stories. But since the September 10 presidential debate when he drew ridicule for his outburst regurgitating the lie that legal Haitian migrants in Springfield, Ohio, were eating their white neighbors’ pets, Trump has used increasingly fascist rhetoric. By this weekend, he had fully embraced the idea that the United States is being overrun by Black and Brown criminals and that they, along with their Democratic accomplices, must be rounded up, deported, or executed, with the help of the military. 

Myah Ward of Politico noted on October 12 that Trump’s speeches have escalated to the point that he now promises that he alone can save the country from those people he calls “animals,” “stone cold killers,” the “worst people,” and the “enemy from within.” He falsely claims Vice President Kamala Harris “has imported an army of illegal alien gang members and migrant criminals from the dungeons of the third world…from prisons and jails and insane asylums and mental institutions, and she has had them resettled beautifully into your community to prey upon innocent American citizens.” 

Trump’s behavior is Authoritarianism 101. In a 1951 book called The True Believer, political philosopher Eric Hoffer noted that demagogues appeal to a disaffected population whose members feel they have lost the power they previously held, that they have been displaced either religiously, economically, culturally, or politically. Such people are willing to follow a leader who promises to return them to their former positions of prominence and thus to make the nation great again. 

But to cement their loyalty, the leader has to give them someone to hate. Who that is doesn’t really matter: the group simply has to be blamed for all the troubles the leader’s supporters are suffering. Trump has kept his base firmly behind him by demonizing immigrants, the media, and, increasingly, Democrats, deflecting his own shortcomings by blaming these groups for undermining him. 

According to Hoffer, there’s a psychological trick to the way this rhetoric works that makes loyalty to such a leader get stronger as that leader’s behavior deteriorates. People who sign on to the idea that they are standing with their leader against an enemy begin to attack their opponents, and in order to justify their attacks, they have to convince themselves that that enemy is not good-intentioned, as they are, but evil. And the worse they behave, the more they have to believe their enemies deserve to be treated badly.

According to Hoffer, so long as they are unified against an enemy, true believers will support their leader no matter how outrageous his behavior gets. Indeed, their loyalty will only grow stronger as his behavior becomes more and more extreme. Turning against him would force them to own their own part in his attacks on those former enemies they would now have to recognize as ordinary human beings like themselves.

At a MAGA rally in Aurora, Colorado, on October 11, Trump added to this formula his determination to use the federal government to attack those he calls enemies. Standing on a stage with a backdrop that read, “DEPORT ILLEGALS NOW” and “END MIGRANT CRIME,” he insisted that the city had been taken over by Venezuelan gangs and proposed a federal program he called “Operation Aurora” to remove those immigrants he insists are members of “savage gangs.” When Trump said, “We have to live with these animals, but we won’t live with them for long,” a person in the crowd shouted: “Kill them!”

Officials in Aurora emphatically deny Trump’s claim that the city is a “war zone.” Republican mayor Mike Coffman said that Aurora is “not a city overrun by Venezuelan gangs” and that such statements are “grossly exaggerated.” While there have been incidents, they “were limited to several apartment complexes in this city of more than 400,000 residents.” The chief of the Aurora police agreed that the city is “not by any means overtaken by Venezuelan gangs.”

In Aurora, Trump also promised to “invoke the Alien Enemies Act of 1798.” As legal analyst Asha Rangappa explains, the Alien Enemies Act authorizes the government to round up, detain, and deport foreign nationals of a country with which the U.S. is at war. But it is virtually certain Trump didn’t come up with the idea to use that law on his own, raising the question of who really will be in charge of policy in a second Trump administration.

Trump aide Stephen Miller seems the likely candidate to run immigration policy. He has promised to begin a project of “denaturalization,” that is, stripping naturalized citizens of their citizenship. He, too, spoke at Aurora, leading the audience in booing photos that were allegedly of migrant criminals. 

Before Miller spoke, a host from Right Side Broadcasting used the dehumanizing language associated with genocide, saying of migrants: “These people, they are so evil. They are not your run-of-the-mill criminal. They are people that are Satanic. They are involved in human sacrifice. They are raping men, women, and children—especially underaged children.” Trump added the old trope of a population carrying disease, saying that immigrants are “very very very sick with highly contagious disease, and they’re let into our country to infect our country.” 

Trump promised the audience in Aurora that he would “liberate Colorado. I will give you back your freedom and your life.”

On Saturday, October 12, Trump held a rally in Coachella, California, where temperatures near 100 degrees Fahrenheit (38 degrees Celsius) sparked heat-related illnesses in his audience as he spoke for about 80 minutes in the apocalyptic vein he has adopted lately. After the rally, shuttle buses failed to arrive to take attendees back to their cars, leaving them stranded.  

And on Sunday, October 13, Trump made the full leap to authoritarianism, calling for using the federal government not only against immigrants, but also against his political opponents. After weeks of complaining about the “enemy within,” Trump suggested that those who oppose him in the 2024 election are the nation’s most serious problem. 

He told Fox News Channel host Maria Bartiromo that even more troubling for the forthcoming election than immigrants “is the enemy from within…we have some very bad people, we have some sick people, radical left lunatics…. And it should be easily handled by, if necessary, by National Guard, or if really necessary, by the military.”

Trump’s campaign seems to be deliberately pushing the comparisons to historic American fascism by announcing that Trump will hold a rally at New York City’s Madison Square Garden on October 27, an echo of a February 1939 rally held there by American Nazis in honor of President George Washington’s birthday. More than 20,000 people showed up for the “true Americanism” event, held on a stage that featured a huge portrait of Washington in his Continental Army uniform flanked by swastikas.

Trump’s full-throated embrace of Nazi “race science” and fascism is deadly dangerous, but there is something notable about Trump’s recent rallies that undermines his claims that he is winning the 2024 election. Trump is not holding these rallies in the swing states he needs to win but rather is holding them in states—Colorado, California, New York—that he is almost certain to lose by a lot.

Longtime Republican operative Matthew Bartlett told Matt Dixon and Allan Smith of NBC News: “This does not seem like a campaign putting their candidate in critical vote-rich or swing vote locations—it seems more like a candidate who wants his campaign to put on rallies for optics and vibes.” 

Trump seems eager to demonstrate that he is a strongman, a dominant candidate, when in fact he has refused another debate with Democratic presidential candidate Kamala Harris and backed out of an interview with 60 Minutes. He has refused to release a medical report although his mental acuity is a topic of concern as he rambles through speeches and seems entirely untethered from reality. And as Harris turns out larger numbers for her rallies in swing states than he does, he appears to be turning bloodthirsty in Democratic areas. 

Today, Harris told a rally of her own in North Carolina: “[Trump] is not being transparent…. He refuses to release his medical records. I’ve done it. Every other presidential candidate in the modern era has done it. He is unwilling to do a 60 Minutes interview like every other major party candidate has done for more than half a century. He is unwilling to meet for a second debate…. It makes you wonder, why does his staff want him to hide away?… Are they afraid that people will see that he is too weak and unstable to lead America? Is that what’s going on?” 

“For these reasons and so many more,” she said, “it is time to turn the page.”

In an opinion piece in Scientific American, Cecilia Menjívar of UCLA and Deisy Del Real of the University of Southern California contend that the United States and other nations are sliding toward autocracy. They believe we can learn from the experience of other nations.

They write:

An autocratic wave has crept up on us in the U.S. and over the world in the last decade. Democracy and autocracy were once seen as two separate and distant worlds with little in common, and that the triumph of one weakened the other. Now, however, autocrats across the globe, in poor and wealthy nations, in established and nascent democracies, and from the right and left, are using the same tactics to dismantle democracies from within.

As of 2021, of the 104 countries classified as democracies worldwide, 37 had experienced moderate to severe deterioration in key elements of democracy, such as open and free elections, fundamental rights and libertiescivic engagement, the rule of law, and checks-and-balances between government branches. This democratic backsliding wave has accelerated since 2016 and infiltrated all corners of the world.

With the upcoming U.S. presidential election in November, questions about the future of American democracy take on urgency. As the American public seems increasingly receptive to autocratic tactics, these questions become even more pressing. Will the U.S. slide into autocracy, faced with a presidential candidate in Donald Trump who promises to be a dictator on his first day in office? Can lessons from autocracies elsewhere help us detect democratic backsliding in the U.S.?

To answer these questions, we first need to identify how the new breed of autocrats attains and retains power: their hallmark strategy is deception. How does a roll call of modern autocrats, and wannabe autocrats, like Hungary’s Viktor Orbán, Russia’s Vladimir Putin, El Salvador’s Nayib Bukele, India’s Narendra Modi, Turkey’s Recep Tayyip Erdoğan, and Venezuela’s Nicolás Maduro implement this modus operandi for the latest model of autocracy? They twist information and create confusion within a façade of democracy as they seize power. They do not overthrow democracy through military coups d’état but by undoing core democratic principles, weakening the rule of law, and eliminating checks and balances between branches of government.

Rather than eradicating democratic institutions as leaders like Chile’s Augusto Pinochet or Zaire’s Mobutu Sese Seko did in the past, today’s established and emergent autocrats (as is the case of Maduro or Orbán, for instance) corrupt the courts, sabotage elections and distort information to attain and remain in power. They are elected through ostensibly free elections and connect with a public already primed to be fearful of a fabricated enemy. Critically, they use these democratic tools to attain power; once there, they dismantle those processes. Autocratic tactics creep into the political life of a country slowly and embed themselves deeply in the democratic apparatus they corrupt. Modern autocracy, one may say, is a tyranny of gaslighting.

We gathered a group of scholars who have looked at successful and failed autocracies worldwide in a special issue of the American Behavioral Scientist, to identify common denominators of autocratic rulers worldwide. This research shows that modern autocrats uniformly apply key building blocks to cement their illiberal agenda and undermine democracies before taking them over. Those include manipulating the legal system, rewriting electoral laws and constitutions, and dividing the population into “us” versus “them” blocs. Autocrats routinely present themselves as the only presumed savior of the country while silencing, criminalizing and disparaging critics or any oppositional voice. They distort information and fabricate “facts” through the mediaclaim fraud if they lose an election, persuade the population that they can “cleanse” the country of crime and, finally, empower a repressive nationalistic diaspora and fund satellite political movements and hate groups that amplify the autocrats’ illiberal agenda to distort democracy.

In February, Bukele, the popular Salvadoran autocrat and self-described “world’s coolest dictator,” spoke at the 2024 Conservative Political Action Conference (CPAC), an annual convention for U.S. right-wing elected officials and activists. There he received a standing ovation after he flaunted his crackdown on crime in his country and suggested the U.S. should follow his tactics. His speech demonstrates how, regardless of political history and ideology, or their nation’s wealth and place on the global stage, autocrats today deploy a similar “toolbox of tricks” aimed at legalizing their rule. That’s because they copy from one another and learn from one another’s successes and failures. Vast interconnected networks enable autocrats to cooperate, share strategies and know-how, and visit one another in public shows of friendship and solidarity to create an international united front. Just ask Orbán, the Hungarian prime minister and autocrat, who received a warm reception when he spoke at the CPAC in 2022, reminding the crowd of the reason for his visit: “I’m here to tell you that we should unite our forces.”

Global networks of autocratic regimes also provide economic resources to other autocrats and invest in their economies, share security services to squash popular dissent, and sometimes interfere in each other’s elections.

Modern autocrats do not act alone; their connections with one another are complemented and sustained by a varied cadre of legal specialists, political strategists and academics who tend to be economically secure, well-educated and cosmopolitan. These individuals, like Michael Anton and those tied to the Trump-defending Claremont Institute, the over 400 scholars and policy experts who collaborated on Project 2025— the extreme-right game plan for a Trump presidency—and Stephen K. Bannon, who called for the “deconstruction of the administrative state” by filling government jobs with partisans and loyalists, move in and out of government positions and the limelight. They are nimble and, moreover, fundamental to the autocrats’ strategies, as they create videos and podcasts and write books to fabricate good images of the autocrats, write detailed blueprints for an autocratic form of government, and consult aspiring autocrats on best practices.

Evidence indicates that we are in a critical moment in U.S. democracy. Will the U.S. inevitably descend into autocracy? No, not with an alert and well-informed electorate. Recognizing the strategies that autocrats use and share, veiled behind a façade of democratic elections and wrapped in fearmongering, equips us to understand the harmful consequences of these strategies for democracy, and perhaps to stop the wave in time.

Juan Sebastián Chamorro, a Nicaraguan opposition politician and prospective presidential candidate, was accused of treason, arrested and banished simply for running as an opposition candidate by the regime of President Daniel Ortega and Vice President Rosario Murillo (who is also first lady). In exile, Chamorro has described a danger countries face: autocrats who come to power through democratic systems are “like a silent disease—the early symptoms of this silent disease are usually dismissed, but once it begins to consume the body, it is usually too late to stop it.”

This is an opinion and analysis article, and the views expressed by the author or authors are not necessarily those of Scientific American.

Timothy Snyder, history professor at Yale University, expresses his alarm about Trump’s turn toward fascistic rhetoric in this post. Trump knows how to excite his base by repeating conspiracy theories and blaming the Jews if anything he wants goes wrong. Snyder does not invoke the reference to Hitler lightly. He knows European history.

He writes:

Trump just had quite a Hitlerian month.

But before broaching the subject of Trump and Hitler I have to say a with a word about the American taboo on “comparisons.” 

Anyone who refers to Trump’s Hitlerian moments will be condemned for “comparison.”  Somehow that “comparison” rather than Trump’s deeds becomes the problem.  The outrage one feels about the crimes of the 1930s and 1940s is transferred from the person who resembles the criminal to the person who points out the resemblance.  

This cynical position opposing “comparisons” exploits the emotional logic of exceptionalism.  Americans are innocent and good (we would like to believe).  We are not (we take for granted) like the Germans between the world wars.  We would never (we imagine) tolerate the stereotypes German Nazis invoked.  We have learned the lessons of the Holocaust. 

Since we are so innocent and good, since we know everything, it just cannot be true — so runs the emotional logic — that a leading American politician does Hitlerian things.  And since we are so pure and wise, we never have to specify what it was that we have learned from the past.  Indeed, our our goodness is so profound that we must express it by attacking the people who recall history. 

And so, in the name of our capacity to remember great evil, we make it impossible to actually remember great evil.  A taboo on “comparison” becomes a shield for the perpetrator.  Those who invoke the past are the true villains, the real source of the problem, or, as Trump says about journalists, the “enemy of the people.”  Indeed, the more Trump resembles Hitler, the safer the man is from criticism on this point.

I hope that the irony of all of this is clear: the idea that “comparison” is a sin rests on the notion of the inherent and unimpeachable virtue of the American Volk, who by definition do nothing wrong, and whose chosen Leader therefore must be beyond criticism.  In this strange way, outrage about “comparison” reinforces fascist ideas about purity and politics.  We should hate the dissenters.  We should ignore whatever casts doubt on our sense of national virtue.  We should never reflect.

Democracy, of course, depends on the ability to reflect, and that reflection is impossible without a sense of the past.  The past is our only mirror, which is why fascists want to shatter it.  In fascist Russia, for example, it is a criminal offense to say the wrong things about the Second World War.  The reason why we keep alive the memory of Nazi crimes is not because it could never happen here, but because something similar can always happen anywhere.  That memory has to include the details of history, or else we will not recognize the dangers. 

“Never again” is something that you work for, not something that you inherit.

Before we think about this past month, we also have to consider the past four years.  This entire election unfolds amidst a big lie.  It was Hitler’s advice to tell a lie so big that your followers would never believe that you would deceive them on such a scale.  Trump followed that advice in November 2020.  His claim that we actually won the election in a landslide is a fantasy that opens the way to other fantasies.  It is a conspiratorial claim that opens the way to conspiratorial thinking generally.  It prepares his followers for the idea that other Americans are enemies and that violence might be needed to install the correct leader.

This year we have seen that explicit Nazi ideas are tolerated in the Trump milieu.  The vice-presidential candidate shares a platform with Holocaust deniers, and defends Holocaust denial as free speech.  This is a fallacy people should see through: yes, the First Amendment allows Nazis to speak, but it does not ennoble Nazi speech.  The fact that people say fascist things in a country with freedom of speech is how we know that they are fascists — and that, if they themselves comes to power, they will end freedom of speech and all other freedoms.

Which brings us to North Carolina and to the gubernatorial candidate Trump once called the country’s hottest politician.  No one is denying that Mark Robinson has the right under the First Amendment to call himself a Nazi or to praise Mein Kampf.  The question is what we do about this.  Trump will not intervene here because he believes that Robinson is more likely to win than a substitute candidate would be.  Consider that for a moment: for Trump, the reason not to distance himself a self-avowed Nazi is that he hopes that the self-avowed Nazi will win an election, take office, and hold power. 

This is not surprising.  Trump and Vance are running a fascist campaign.  Its main theme in September was inspired by a lady in Springfield, Ohio, who lost her cat and then found it again.  For J.D. Vance, who knew what happened, this became the basis for the lie that Haitian immigrants were eating domestic animals.  For Donald Trump, that became a reason to promise that Haitians in Springfield would be deported.  He had found people who were both Blacks and immigrants, who could serve as the “them” in his politics of us-and-them.

It is fascist to start a political campaign from the choice of an enemy (this is the definition of politics by the most talented Nazi thinker, Carl Schmitt).  It is fascist to replace reason with emotion, to tell big lies (“create stories,” as Vance says) that appeal to a sense of vulnerability and exploit a feeling of difference.  The fantasy of barbarians in our cities violating basic social norms serves to gird the Trump-Vance story that legal, constitutional government is helpless and that only an angry mob backed by a new regime could get things done. 

It is worth knowing, in this connection, that the first major action of Hitler’s SS was the forced deportation of migrants.  About 17,000 people were deported, which generated the social instability that the Nazi government the used as justification for further oppression.  Trump and Vance plan to deport about a thousand times as many people….

In international politics, the key moment concerns Ukraine and its head of state.  Since February 2022, the Ukrainian president, Volodymyr Zelens’kyi, has been rightly understood and admired as a symbol of physical and political courage.  When Russia began its full-scale invasion that month, the American consensus was the Ukraine would crack within days and that Zelens’kyi would (and should) flee.  Instead, he stayed in Kyiv despite the approach of Russian assassins and the Russian army, rallied his people, and oversaw the successful defense of his country.  He has since visited the front every few weeks. 

This is how Trump characterized Zelens’kyi in September, echoing comments that he has made before: “Every time he came to our country, he’d walk away with $100 billion. He’s probably the greatest salesman on Earth.”  Trump seems threatened by Zelens’kyi.  As Trump has made clear numerous times, his first and only impulse is to give Putin what Putin wants.  The idea of taking risks to defend freedom from the Russian dictator is well beyond the pinprick-sized black hole that is Trump’s moral universe. 

And of course the claim itself is false.  The number is too big.  And the money does not go to Zelens’kyi himself, obviously.  That Zelens’kyi does personally profit is a favorite idea of Vance, who repeats Russian propaganda to this effect.  The money does not even, for the most part, go to the Ukrainian government.  Most of the military aid does to American companies who build new weapons for American stockpiles.  We then send old weapons to Ukraine, to which we assign a dollar value.

The essential thing, though, is the antisemitic trope Trump chose to express himself.  It goes like this.  Jews are cowards.  Jews never fight wars.  Jews stay away from the front.  Jews only cause wars that make other people suffer.  And then Jews make vast amounts of money from those wars.  Volodymyr Zelens’kyi, the Ukrainian president, is Jewish.  And thus “the greatest salesman on earth” for Trump.  And the corrupt owner of “yachts” for Vance.  A war profiteer, as in the antisemitic stereotype, not a courageous commander, as in reality. 

Indeed, most of what Trump says about Zelens’kyi, Ukraine, and and the war itself makes sense only within the antisemitic stereotype.  Trump never speaks about the Russian invasion itself.  He never recalls Russian war crimes.  He never mentions that Ukrainians are defending themselves or their basic ideas of what is right.  He certainly never admits that Zelens’kyi is the democratically-elected president of a country under vicious attack and who has comported himself with courage.  The war, for Trump, is just a scam — a Jewish scam. 

And that, of course, is why he thinks he can end it right away: he thinks he can just shoulder the Jew aside and deal with his fascist “friend” Putin, who for him is the “genius” in this situation, and who must be allowed to win.  Despite the evidence, Trump says that Russia always wins wars, dismissing both history (regular Russian losses such as the Crimean War, the Russo-Japanese War, the First World War, the Polish-Bolshevik War, the Afghan War) and the actual events of the ongoing Russian invasion, in which Ukraine has taken back half the territory it lost and driven the Russian fleet from the Black Sea.  Russia is counting on Trump.  They need him in power to win their war, and they know it. 

It need hardly be said that if Trump throws American power on the Russian side, the “deal” that follows will not end the war.  It will only mean that Russia is able to kill more Ukrainians faster.  Trump will then claim that the deal itself was beautiful and perfect — and try to change the subject from the slaughter he brought about through his antisemitic hubris and admiration of Russian fascism.

And, of course, Snyder explains, Trump has warned Jewish groups that if he loses, it will be the fault of Jews. Anti-Semitism will be Trump’s legacy.

For those of us who take the law seriously, Trump’s successful evasion of accountability for the failed coup on January 6, 2021, is outrageous. Trump has used delay as his primary strategy for avoiding accountability, as well as his partisan ties to federal judges like Aileen Cannon, whom he appointed, and the rightwing majority on the Supreme Court. Judge Cannon tossed out the documents case. The only viable case right now is Special Prosecutor Jack Smith’s indictment of Trump for launching the events of that day. That case will be heard by Judge Tanya Chutman, who was appointed by Obama. It’s a sad day when the ability to get justice depends on which judge is assigned to the case.

Jordan Rubin writes about Jack Smith’s latest filing here. Smith had to rewrite his brief to acknowledge the U.S. Supreme Court’s ruling that the President has absolute immunity for any “official acts.” Should planning to overthrow the Constitution, to subvert the election, and to send a mob to storm the Capitol be considered “official acts”?

Special counsel Jack Smith’s big immunity brief is here. The 165-page (somewhat redacted) motion lays out why, in the government’s view, the Supreme Court’s immunity ruling doesn’t stop Donald Trump from standing trial in his federal election interference case.

As an example of what the motion seeks to accomplish, consider the discussion of the alleged evidence related to former Vice President Mike Pence, whom Trump pressured to subvert the 2020 presidential election.

As an example of what the motion seeks to accomplish, consider the discussion of the alleged evidence related to former Vice President Mike Pence.

To understand the Pence analysis, recall that Chief Justice John Roberts’ July 1 ruling in Trump v. United States granted absolute immunity for “core” presidential acts, presumptive immunity for all other official acts, and no immunity for unofficial acts. While the high court’s Republican-appointed majority said that it’s up to U.S. District Judge Tanya Chutkan to perform the immunity analysis in the first instance, the justices gave the Washington judge a head start in some parts, including with Pence. They said that whenever Trump and Pence discussed “their official responsibilities” — namely regarding Pence’s certification of Electoral College votes on Jan. 6, 2021 — they had engaged in “official conduct.”

That means Trump would have presumptive immunity for those alleged actions, which Smith would need to rebut. Roberts’ opinion (rather vaguely) said that can be done by showing that the prosecution wouldn’t “pose any dangers of intrusion on the authority and functions of the Executive Branch.” So that’s why Smith wrote in the motion that because that branch “has no role in the certification proceeding — and indeed, the President was purposely excluded from it by design — prosecuting the defendant for his corrupt efforts regarding Pence poses no danger to the Executive Branch’s authority or functioning.” (The vice president is involved in certification via the office’s role as president of the Senate.)

Raskin on the Jack Smith brief: ‘American carnage is Trump’s legacy’

07:00

The special counsel further wrote that Trump “sought to encroach on powers specifically assigned by the Constitution to other branches, to advance his own self-interest and perpetuate himself in power, contrary to the will of the people.” Therefore, Smith wrote, prosecuting Trump wouldn’t “pose any danger of intrusion on the authority and functions of the Executive Branch; rather, it would advance the Constitution’s structural design to prevent one Branch from usurping or impairing the performance of the constitutional responsibilities of another Branch.”

Smith’s team also made clear in the filing that prosecutors intend to introduce more evidence at trial related to Pence, who is not accused of any wrongdoing. For instance, they want to introduce evidence of what they call unofficial communications that Trump had with Pence in their capacity as candidates (not as president and vice president), including when Pence “tried to encourage” Trump “as a friend” when news networks began to call the 2020 race for Joe Biden, and later when Pence suggested that Trump should recognize the process was over and run again in 2024. Even if those communications were deemed “official,” Smith wrote, the immunity presumption would be rebutted there too, he argued.

To be sure, the Pence evidence is only part of the case that Smith wants to bring against Trump, who has pleaded not guilty.

To be sure, the Pence evidence is only part of the case that Smith wants to bring against Trump, who has pleaded not guilty. And if the former president wins next month’s presidential election, he’ll be empowered to dismiss the case entirely.

But if Trump loses, then Chutkan would have a heavy task ahead in weighing the voluminous allegations and evidence Smith presents in the monster filing and deciding whether it passes the high court’s (again, rather vague) immunity test. Ultimately, whatever the judge rules will be subject to review again by the justices before any trial can go forward. That won’t happen before the election.

The case will either be killed soon by way of a Trump victory or will linger on for months, if not years, to first determine whether the Supreme Court will even let Trump stand trial over any of these allegations.

Leonie Haimson, executive director of Class Size Matters, writes about the latest developments in New York City. Mayor Eric Adams was indicted on multiple charges of corruption. His top aides resigned, including his schools chancellor David Banks. Adams says he is innocent and won’t resign. Leonie worries about what will happen to the city’s public schools, which are controlled by the mayor. Some of us–Leonie and I–long for the end of mayoral control and a revival of an independent Board of Education. Checks and balances are a very important part of democratic government. Under mayoral control, there is more cronyism than accountability.

She writes:

Mayor indicted, Chancellor resigning, and the Panel for Educational Policy eliminates its Contract Committee; so much for Mayoral control!! 

Mayor Eric Adams talks to the press outside Gracie Mansion, the official residence of the mayor of New York City, on September 26, 2024, after he was indicted on federal criminal charges

Mayor Adams has now been indicted on  five federal charges of bribery, fraud and soliciting illegal foreign campaign donations.  Chancellor Banks is resigning as of Dec. 31, 2024, to be replaced by Melissa Aviles-Ramos, current Deputy Chancellor for Family Engagement. This follows the announced resignations of other top officials, including the Police Commissioner and Commissioner of Health, in the last two weeks.

We should recall the false narratives promoted by those including Governor Hochul who insisted on extending unchecked Mayoral control for two more years last April, with no strings attached: that any other system invited corruption, instability, and inefficiency. The Mayor himself insisted on renaming Mayoral control “Mayoral Accountability”, and Chancellor Banks threatened to resign if the governance system was altered in any significant way. And look at what has happened since. 

The only minor tweak the Legislature made to Mayoral control was that the Chair of the Panel for Educational Policy chair would be appointed by the Mayor from among three nominees put forward by leaders of the Legislature and Board of Regents. And yet it turns out that the new Chair will be exactly the same man who already held that seat as a Mayoral appointee, Greg Faulkner. The only difference is that now the Mayor will get an extra PEP appointee, to further cement his control over controversial educational policies, as well as questionable contracts and spending.

The Chancellor himself was reported having privately met with the CEO of 21stCentEd in October of 2022, and  subsequently greenlit a major contract with this company that had hired his brother, Terrence Banks, as a lobbyist. According to the Daily News,  21stCentEd has since received more than $1.4 million in business from the Department of Education for providing a variety of services. In cases where a family member is involved, the city requires that a Conflict of Interest waiver be obtained.  And yet Banks never applied for one. Both Chancellor Banks and Terence Banks have had their homes raided and their telephones seized by federal investigators.

Terence Banks also apparently lobbied for a Florida-based tech firm called Saferwatch which markets “panic button” apps to be used to alert authorities in case of school emergencies such as fires or active shooters.  The NYPD signed a contract with Saferwatch which was piloted in several schools  last year.

We have seen tremendous privacy problems with Teenspace, an online mental health program for NYC students 13 and up, relentlessly promoted by the Mayor and the Chancellor, after the Department of Health signed a $26 million dollar with the parent company Talkspace last year. And yet as we have discovered, Teenspace collects, shares and uses personal student data for marketing and commercial purposes with multiple social media “partners” that would be illegal if the contract was with the DOE rather than the Department of Health.  When a NYC student visits the Teenspace website on their phone, their personally identifiable information is collected by 34 cookies, and shared with 15 ad trackers, as well as Facebook, Amazon, Meta, Google, and Microsoft among other companies. The company has also been sued in Californiafor sharing personal data with TikTok, including  the mental health data of minors. One should not be surprised to learn that lobbying firm for Talkspace is Oaktree Solutions, the firm owned by Frank Carone,  a close associate and a former chief of staff to the Mayor who was with him last night when Adams was huddling with his attorneys after learning of his federal indictments. 

Shortly after he was elected, Mayor Adams own partner,  Tracey Collins, who already worked at DOE,  was promoted and named the “senior adviser to the deputy chancellor of school leadership,” and received a 23% boost to her salary to $221,597 a year.  Shortly thereafter, Sharon Adams, the wife of the Mayor’s brother Bernard Adams, was hired by DOE, at a salary of $150,000-a-year .

The whirlwind of scandals and investigations surrounding the Mayor and his top appointees, including the Chancellor, should give rise to a new call for more accountability, oversight and checks and balances at DOE, but I fear that no lessons will be learned by those in power, because their interests lie in maintaining one-person rule, and ignoring the voices of parents and teachers.  Indeed, there have been many cases of large-scale corruption at the DOE under previous administrations. 

Eric Goldstein was hired in 2004 during Bloomberg/Klein years as a deputy overseeing food, transportation and high school sports, and promoted to chief executive in 2007. Goldstein was just recently sentenced to two years in prison, for a corrupt scheme he was involved in 2015-2016, during the De Blasio administration, by receiving bribes in exchange for turning a blind eye to tainted food served to public school kids — including chicken tenders laden with plastic, bones and metal, causing choking. 

There is also the recently revealed, shocking case of DOE staffers in the Queens office who took their own kids on trips to Disneyland and other trips by using federal funds meant to provide educational experiences for homeless children.  For some reason, the DOE failed to ask for restitution for the money stolen; and neither the DOE nor the Special Investigator for Schools  reported the alleged fraud, forgery and misuse of federal funds to any authorities for possible prosecution.  To make things even more bizarre, the SCI held off posting its findings report, dated January 2023, for nearly two years after it was completed, and when they did so, they posted it quietly without any press release or notification, perhaps in hopes it would be ignored by the media focused instead on the allegations and investigations surrounding the Mayor.  I have since reported these alleged crimes to the Inspector General’s office of the US Department of Education, and the U.S. Attorney for the Southern District of New York.

There have been many more multi-million dollar DOE corruption scandals under Mayoral control over the last 20 years, a selection of which I summarized in my testimony to the State Education Department and my presentation last year to the NYC Bar Association, both posted here.

And yet despite all these allegations of cronyism and worse, the first thing that the newly reconstituted Panel for Education Policy did in its first meeting of the new school year on September 25 is to eliminate its Contracts Committee by amending their  Bylaws  as depicted below. 

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This committee, whose meetings have been livestreamed and recorded, has provided the only public airing of discussion and questioning of DOE officials by PEP members of the rationale behind  hundreds of millions of dollars of questionable DOE contracts before the final Panel vote.  The approval to ditch the committee was 13-6, with one abstention.   As usual, every Mayoral appointee plus the new, supposedly “independent” Chair voted in lockstep to eliminate the Contracts Committee and its monthly public meetings.  So much for so-called Mayoral accountability!

Billy Townsend writes a blog where he exposes public corruption in Florida. In this post, he tries to understand why his friends and neighbors will vote for Trump.

He begins:

Choosing — yet again — to inflict a deteriorating, revenge-obsessed, 78-year-old Capitol lynch mob inciting felon sex abuser and his horde of MAGA freaks on your friends, loved ones, neighbors, fellow citizens, and communities means inflicting — yet again — a deteriorating, revenge-obsessed, 78-year-old Capitol lynch mob inciting felon sex abuser and his horde of MAGA freaks on your friends, loved ones, neighbors, fellow citizens, and communities. 

I am surrounded in Lakeland, Florida these days by folks who have made this choice multiple times already, who pretend they’re in downcast denial about the self-evident facts of making that choice yet again, especially post January 6th. They’re pretending to believe that choosing to make a MAGA dictatorship and give it the nuclear codes and Department of Justice does not meanmaking a MAGA dictatorship and giving it the nuclear codes and Department of Justice….

What I most value about elections is that they force clear, unambiguous choices. The MAGA Freak dictatorship choice before us is the clearest and most obviously one-sided choice in the history of American self-government. Everyone knows this. The fact that the vote will be close on something so obvious says more about Americans than it does about the choice we face. MAGA doesn’t even have a fake economic or border argument to make. 

I mean, at the most elemental level, I would be proud to call Kamala Harris friend, aunt, wife, mother, boss, co-worker Kiwanis Club president, mayor, minister. I would be disgusted and embarrassed to call the deteriorating 78-year-old MAGA dictator friend, uncle, husband, father, boss, Kiwanis Club president, mayor, minister. 

Johaan Neem is a historian at Western Washington University. He recently published a thoughtful essay about the crisis of our time, the fateful election before us. Will voters return to power a man who has made known his contempt for our Constitution and for the norms of democracy? Neem likens our present dilemma to the “exclusion crisis” in England in the late 1670s and early 1680s. King Charles II sought to turn England into an absolutist state; he canceled laws passed by Parliament and oust local officials who displeased him. Neem suggests that that the U.S. is experiencing a comparable crisis when the question before us is how to resist a tyrannical government that came to power legitimately.

Neem writes:

Today, America is roiled with its own Exclusion Crisis. We too face the very real possibility that in this fall’s election a legal succession could bring to power an executive who has demonstrated his willingness to undermine our Constitution. To draw the parallel is not to propose armed resistance but to force us to reckon with the dreadful gravity of this moment: We may be about to hold an election which will render our Constitution invalid. 

We should not confuse reasonable differences between the two parties and their policies with threats to the Constitution itself. In a democratic republic, open disagreement is a sign of civic health. Regardless of one’s partisan loyalties and policy preferences, however, the evidence is clear that Donald Trump poses a threat to the republic. Like Locke before us, we must consider how to respond should an empowered political leader unknit our order.

There have been many articles and books examining Trump’s authoritarian tendencies and his admiration for authoritarian leaders around the world. The largest threats he poses to the Constitution are not his policies but his efforts to undermine the rule of law by embracing violence as a political tool. Numerous high-ranking officials from the Trump Administration have made clear that, but for their resistance, as president, Trump would have undermined the Constitution during his first term. He has joked that he’ll be a dictator on the first day of his second term, but there’s nothing funny about it. If re-elected, he has promised to unleash all the force of the United States Justice Department against his political opponents, from Gen. Mark A. Milley to President Biden and Vice President Harris, and to bypass the judicial system by using military tribunals. We should take his word for it. 

Trump’s violence — his penchant for it, for inciting it, and valorizing it — should terrify us most of all. He encouraged and then celebrated the efforts of his supporters on January 6 to undermine an election and threaten the safety of America’s elected officials. At the heart of the American system is the freedom of elected legislatures. That freedom itself emerged out of conflicts between Parliament and King — and between colonial assemblies and royal governors — during the 17th and 18th centuries. The consent of the governed depends ultimately on free elections and the capability of the people’s elected representatives to deliberate the public good. Trump is committed to undermining legislative freedom. Both Republican Senator Mitt Romney and former Representative Liz Cheney have revealed that members of Congress were afraid to vote to impeach President Trump — even when they believed that he had committed impeachable offenses — because they worried that his supporters would threaten their families’ safety. When legislators are not free to deliberate and vote, the Constitution is already dead. 

Fear kills freedom. Fear is the point. 

This is an excerpt. Please open the link to finish reading the essay.

It’s strange indeed that a lifelong playboy who spent his time developing fast-buck schemes, operating casinos, and attending professional wrestling matches has the ability to intimidate and control an entire political party with threats of violence.

Ellen Nakashima wrote in the Washington Post about the Russian propaganda campaign to advance its interests in the U.S. Its goals are to weaken the U.S. by promoting discord, to undermine U.S. support for Ukraine, and to elect Trump. Some of its propaganda is meant to make Americans mad at their own government, by focusing on real problems, like inflation and the border.

Nakashima writes:

The Russian government’s covert efforts to sway the 2024 presidential election are more advanced than in recent years, and the most active foreign threat this political season, U.S. intelligence officials said Friday.

Russia’s activities “are more sophisticated than in prior election cycles,” said a senior official with the Office of the Director of National Intelligence (ODNI) in a briefing with reporters, noting the use of “authentic U.S. voices” to “launder” Russian government propaganda and spread socially divisive narratives through major social media, as well as on sham websites that pose as legitimate American media organizations.

Moscow is targeting U.S. swing states in particular, the official said, and using artificial intelligence to more quickly and convincingly create fake content to shape the outcome in favor of former president Donald Trump.

That is “consistent with Moscow’s broader foreign policy goals of weakening the United States and undermining Washington’s support for Ukraine,” the ODNI official said, who like others spoke on the condition of anonymity under ground rules set by the agency….

This week, the U.S. government announced a sweeping set of actions to counter Russian influence campaigns, including an indictment of two Russian employees of the state-run news site RT for allegedly paying an American media company to spread English-language videos on YouTube, TikTok, Instagram and X.

Prosecutors also seized 32 Russian-controlled internet domains that were used in a state-led influence effort called “Doppelganger” to undermine international support for Ukraine. In addition, the Treasury and State departments announced sanctions on Russian individuals and entities that are accused of disseminating propaganda.

RT has cultivated networks to disseminate narratives friendly to Moscow, while trying to mask the content as authentic Americans’ free speech, ODNI said in an election security update Friday.

Two things place “Russia at the top of the list” of foreign governments seeking to influence the election, the ODNI official said. “They’re fairly robust and quite practiced at doing this type of activity. Also the scope and the scale of their activities are quite significant.”

“Russia is working up- and down-ballot races,” the official said. They are using artificial intelligence “to more quickly and convincingly create synthetic content” and influence-for-hire firms that leverage marketing, public relations and other expertise to complicate attribution.

“Americans are more likely to believe other Americans’ views compared to content with clear signs of foreign propaganda,” the official said. “So what we see them doing is relying on witting and unwitting Americans to seed, promote and add credibility to narratives that serve these foreign actors’ interests.”

Catherine Kim wrote a fascinating account in Politico of the Russian program to sow division in the United States and to influence the 2024 elections. Kim interviews a Finnish scholar of disinformation who says that Finnish children are taught media literacy in school to help them spot propaganda. His final advice: Turn off the computer; take a walk; play; live your life.

She writes:

A DOJ indictment on Wednesday alleged that content created and distributed by a conservative social media company called Tenet Media was actually funded by Russia. Two Russian government employees funneled nearly $10 million to Tenet Media, which hired high-profile conservative influencers such as Tim Pool, Benny Johnson and Dave Rubin to produce videos and other content that stoked political divisions. The indictment alleges that the influencers — who say they were unaware of Tenet’s ties to Russia  were paid upward of $400,000 a month.

These “conservative influencers” were chosen because they have large and devoted fans who believe whatever content they create. They apparently didn’t know who was footing the bill, but were no doubt thrilled to be paid $100,000 for each video they produced, up to four per month. Why ask questions when the pay is so good?

Now that they know who their sugar daddy was, will they rethink any of their views?

Should we think about teaching our children to be discerning consumers of social media so they are not taken in by propaganda?

In this post, historian Heather Cox Richardson writes about the Russian effort to buy the voices of rightwing “influencers,” as well as the right’s apologetics for Nazism.

She writes:

One of the things that came to light on Wednesday, in the paperwork the Justice Department unveiled to explain its seizure of 32 internet domains being used by Russian agents in foreign malign influence campaigns, was that the six right-wing U.S. influencers mentioned in the indictments of the Russian operatives are only the tip of the iceberg. 

Since at least 2022, three Russian companies working with the Kremlin have been trying to change foreign politics in a campaign they called “Doppelganger,” covertly spreading Russian government propaganda. “[F]irst and foremost,” notes from a meeting with Russian officials about targeting Germany read, “we need to discredit the USA, Great Britain, and NATO.” Through fake social media profiles, their operatives posed as Americans or other non-Russians, seeding public conversations with Russian propaganda.

In August 2023 they launched the “Good Old USA Project” to target swing-state residents, online gamers, American Jews, and “US citizens of Hispanic descent” to reelect Donald Trump. ​​”They are afraid of losing the American way of life and the ‘American dream,’” one of the propagandists wrote. “It is these sentiments that should be exploited in the course of an information campaign in/for the United States.” Using targeted ads on Facebook, they could see how their material was landing and use bots and trolls to push their narrative in comment sections. 

“In order for this work to be effective, you need to use a minimum of fake news and a maximum of realistic information,” the propagandists told their staff. “At the same time, you should continuously repeat that this is what is really happening, but the official media will never tell you about it or show it to you.”

According to the documents, one of the three companies, Social Design Agency (SDA), monitors and collects information about media organizations and social media influencers. It collected a list of 1,900 “anti-influencers,” whose accounts posted material SDA workers thought operated against Russian interests. About 26% of those accounts were based in the U.S. 

SDA also identified as pro-Russian influencers more than 2,800 people in 81 countries operating on various social media platforms like X, Facebook, and Telegram. Those influencers included “television and radio hosts, politicians, bloggers, journalists, businessmen, professors, think-tank analysts, veterans, professors, and comedians.” About 21% of those influencers were in the U.S. 

YouTube took down the Tenet Media Channels associated with the Justice Department’s indictments, and last night, Tenet Media abruptly shut down. In The Bulwark, Jonathan V. Last noted that the Tenet influencers maintain they were dupes, although they must have been aware that their paychecks were crazy high for the numbers of viewers they had. He asks if, knowing now that their gains are ill-gotten, they are going to give them to charity. 

Earlier this week, former Fox News Channel personality Tucker Carlson hosted Holocaust denier Darryl Cooper on his X show, where Cooper not only suggested that the death of more than six million Jews was an accidental result of poor planning, but also argued that British prime minister Winston Churchill, who stood firm against the expansion of fascist Germany in World War II, was the true villain of the war.

Cooper’s argument puts him squarely on the side of Russian president Vladimir Putin and Hungarian prime minister Viktor Orbán, who insist that democracy undermines society. During the recent summer Olympics, Cooper posted on social media an image of Hitler in Paris alongside another of drag queens representing Greek gods at the Olympic opening ceremonies, an image some on the right thought made fun of the Last Supper of Jesus and his disciples. “This may be putting it too crudely for some,” Cooper wrote, “but the picture [of Hitler in Paris] was infinitely preferable in virtually every way than the one on the right.” 

The idea that Churchill, not Hitler, is the villain of World War II means denying the fact of the Holocaust and defending the Nazis. It lands Carlson and Cooper in the same camp as those autocrats journalist Anne Applebaum notes are “making common cause with MAGA Republicans to discredit liberalism and freedom around the world.” Elon Musk promoted the interview, saying it was “very interesting,” and “worth watching,” before the backlash made him delete his post. The video has been viewed nearly 30 million times. 

Carlson told Lauren Irwin of The Hill that the Biden administration is made up of “warmonger freaks” who have “used the Churchill myth to bring our country closer to nuclear war than at any moment in history.” Carlson is on a 16-day speaking tour, on which he will interview Trump allies, including Republican vice presidential nominee J.D. Vance and Donald Trump Jr. 

Trump today continued his effort to undermine the democratic American legal system in a “news conference” of more than 45 minutes, in which he took no questions. Although Judge Juan Merchan, who oversaw the election interference case in which a jury found Trump guilty on 34 counts, decided today to delay sentencing until November 26 to avoid any appearance that the court was trying to affect the 2024 election, Trump nonetheless launched an attack on the U.S. legal system and suggested the lawsuits against him were election interference. 

He spoke after he and his legal team were in court today to try to overturn a jury’s conclusion that he had sexually assaulted writer E. Jean Carroll, a decision that brought his judgments in the two cases she brought to around $90 million. He began with an attack on what he said was a new “Russia, Russia, Russia” hoax, and promised he had not “spoken to anybody from Russia in years.”

Aaron Rupar of Public Notice recorded what amounted to close to an hour of attacks on the American Justice Department and the laws of the country, and also on American women (he not only attacked Carroll, he brought up others of the roughly two dozen women who have accused him of sexual assault). He attempted to retry the Carroll case in the media, refuting the evidence the jury considered and suggesting that the photo of him and Carroll together was generated by AI, although it was published in 2019.

Attacking women was an interesting decision in light of the fact that he will need the votes of suburban women if he is to make up the ground he has lost to Democratic presidential nominee Vice President Kamala Harris and vice presidential nominee Tim Walz.

For her part, former representative Liz Cheney (R-WY) appears to see this moment for what it is. Although a staunch Republican herself, she is urging conservative women to admit they’ve had enough. Referring to both Trump and Vance in a conversation sponsored by the Texas Tribune, she said: “This is my diplomatic way of saying it: They’re misogynistic pigs.” She assured listeners, quite accurately, that Trump “is not a conservative.” “Women around this country…we’ve had enough.” “These are not people that we can entrust with power again.” 

Her father, former vice president Dick Cheney, agreed that Trump “can never be trusted with power again” and announced today that he will be voting for Harris. “As citizens, we each have a duty to put country above partisanship to defend our Constitution. That is why I will be casting my vote for Vice President Kamala Harris,” he said. Eighty-eight business leaders also endorsed Harris today, including James Murdoch, an heir to the Murdoch family media empire. Citing Harris’s “policies that support the rule of law, stability, and a sound business environment,” they said in a public letter, “the best way to support the continued strength, security, and reliability of our democracy and economy” is by electing Harris president.​​

Meanwhile, at his event with Sean Hannity of the Fox News Channel yesterday, Trump embraced the key element of Project 2025 that calls for a dictatorial leader to take over the U.S. That document maintains that “personnel is policy” and that the way to achieve all that the Christian nationalists want is to fire the nonpartisan civil servants currently in place and put their own people into office. Trump has tried hard to distance himself from Project 2025, but last night he said the way to run the government is to “get the right people. You put the right person and the right group of people at the heads of these massive agencies, you’re going to have tremendous success, and I know now the people, and I know them better than anybody would know them.”       

One of those people appears to be X owner Elon Musk, whom Trump has promised to put at the head of an “efficiency” commission to audit the U.S. government. 

In 1858, Abraham Lincoln, then a candidate for the Senate, warned that the arguments against democracy and in favor of a few people dominating the rest were always the same. In his era, it was enslavers saying some people were better than others. But, he said, those were the same arguments “that kings have made for enslaving the people in all ages of the world…. Turn in whatever way you will—whether it come from the mouth of a King, an excuse for enslaving the people of his country, or from the mouth of men of one race as a reason for enslaving the men of another race, it is all the same old serpent.” 

In our era, Indiana Jones said it best in The Last Crusade: “Nazis. I hate these guys.”