Archives for category: Democracy

When Project 2025, the definitive guide to Trump’s second term, began to generate negative reactions, Trump claimed he was taken by surprise. All of a sudden, he played dumb about Project 2025: He said he didn’t know who was behind it and had barely heard about it.

As Dan Rather and his team at “Steady” determined, he was lying again. Nothing new there, but he wanted to discourage the public from learning more about Project 2025.

Dan wrote:

Donald Trump and his campaign may have disavowed it, but don’t think for a moment that Project 2025 is going anywhere. A newly released hidden camera interview with one of the project’s authors, who also served in Trump’s Cabinet, reveals that the Republican nominee has “blessed it.” 

First, a little background.

Project 2025, the MAGA blueprint to completely overhaul the federal government, is being spearheaded by the Heritage Foundation, the daddy of conservative think tanks, with input from more than 100 other right-wing organizations. “The Mandate for Leadership 2025: The Conservative Promise,” the official title, consists of four pillars:

  • A 900-page policy guide for a second Trump term
  • A playbook for the first 180 days, consisting of 350 executive orders and regulations that have already been written
  • A LinkedIn-style database of potential MAGA personnel 
  • A “Presidential Administration Academy,” a training guide for political appointees to be ready on day one

On July 24, Russell Vought, Trump’s former director of the Office of Management and Budget, Project 2025 author and Republican National Convention policy director, met with two people he thought were potential donors to his conservative group, Center for Renewing America. They were actually working for a British nonprofit trying to expose information about Project 2025. The two secretly recorded the two-hour conversation.

In the video posted on CNN, Vought described the project as the “tip of the America First spear.” He said that after meeting with Trump in recent months, the former president “is very supportive of what we do.” The project would create “shadow agencies” that wouldn’t be subject to the same scrutiny as actual agencies of the federal government. Vought also told members of the British nonprofit that he was in charge of writing the second phase of Project 2025, consisting of the hundreds of executive orders ready to go on day one of a new administration. 

When asked how the information would be disseminated, his deputy said it would be distributed old-school, on paper. “You don’t actually, like, send them to their work emails,” he said, to avoid discovery under the Freedom of Information Act.

Last week, ProPublica, an investigative journalism nonprofit, obtained more than 14 hours of training videos, which are part of Project 2025’s effort to recruit and train tens of thousands of right-wing appointees to replace a wide and deep swath of current federal civil servants. 

“We need to flood the zone with conservatives,” said Paul Dans, who was in charge of Project 2025 until he was fired because it’s become such a headache for Trump. “This is a clarion call to come to Washington,” Dans said in 2023. 

Project 2025 is not a new plan; it has been in the works for decades. The first version was published just after Ronald Reagan took office in 1981. In 2015 the Heritage Foundation gave the incoming Trump administration the seventh iteration. Should you think that Trump and his cronies know nothing about any of this, the Heritage Foundation boasted that Trump instituted 64% of the policy recommendations in that document, including leaving the Paris Climate Accords.

Trump has tried and largely failed to distance himself from Project 2025. Perhaps because two high-ranking members of his administration were directors of the project. On Truth Social, Trump posted, “I know nothing about Project 2025. I have no idea who is behind it….” As for those training videos, most of the speakers in them are former Trump administration officials.

Many of Project 2025’s recommendations are deeply unpopular with Americans. A survey conducted by YouGov found that almost 60% of respondents opposed several big tenets, including: eliminating the Department of Education, giving tax cuts to corporations, ending the Affordable Care Act (Obamacare), and changing the law to allow the president to fire civil servants.

It is difficult to convince voters that the project’s policy recommendations are real because they are so radical. Anat Shenker-Osorio, a political strategist, spoke about the challenges of discussing Project 2025 with focus groups on the podcast “The Wilderness.”

“When we actually cut and paste verbatim from the Heritage document, people are like, that’s a bunch of bull****. Like, why did you make that up? And what is wrong with you? And why are you lying to us?” she said. 

To that end, here are just a few of the most democracy-threatening suggestions, verbatim:

On child labor: “With parental consent and proper training, certain young adults should be allowed to learn and work in more dangerous occupations.”

On education: “Federal education policy should be limited and, ultimately, the Federal Department of Education should be eliminated.“

On climate change: “Climate-change research should be disbanded … The National Oceanic and Atmospheric Administration (NOAA) should be broken up and downsized.”

On LGBTQ+ rights: “The next secretary should also reverse the Biden Administration’s focus on ‘LGBTQ+ equity,’ subsidizing single-motherhood, disincentivizing work, and penalizing marriage, replacing such policies with those encouraging marriage, work, motherhood, fatherhood, and nuclear families.”

On families: “Families comprised of a married mother, father, and their children are the foundation of a well-ordered nation and healthy society … The male-female dyad is essential to human nature and … every child has a right to a mother and father.”

Not to mention several highly publicized recommendations on abortion and women’s rights that are an effort to return to America of the 1950s.

The architects of and adherents to Project 2025 want a white, heterosexual Christian nation. The ideals of our 250-year-old form of government, in which majority rules, are anathema to them. They want to inflict their beliefs on everyone, representative democracy be damned. 

I cannot state it strongly enough: Project 2025, with Donald Trump at the helm, is the greatest existential threat to American democracy in recent history. And make no mistake, should Trump win in November, he will usher in many if not most of the project’s recommendations. 

Perhaps Project 2025 should be referred to as Project 1925. In Trump’s mind, that was the time that America was “great,” and they want to go back to that era of low taxes, no abortions, white Christian male domination, no civil rights laws, low taxes, and a very limited federal government.

No thanks. We are not going back!

Heather Cox Richardson describes the Democratic National Convention and Kamala Harris offering a vision of community, of neighbors helping neighbors, of government removing barriers to opportunity and lifting up those who need help.. She notes that the party has gone beyond identity politics: Harris did not mention her race or gender even as her nomination was history-making because of her race and gender. Instead of the tired tropes of the past, she appealed to traditional American values.

She writes:

The raucous roll call of states at the 2024 Democratic National Convention on Tuesday, as everybody danced to DJ Cassidy’s state-themed music, Lil Jon strode down the aisle to cheers for Georgia, and different delegations boasted about their states and good-naturedly teased other delegations, brought home the real-life meaning of E Pluribus Unum, “out of many, one.” From then until Thursday, as a sea of American flags waved and attendees joyfully chanted “USA, USA, USA,” the convention welcomed a new vision for the Democratic Party, deeply rooted in the best of traditional America. 

Under the direction of President Joe Biden, over the past three and a half years the Democrats have returned to the economic ideology of the New Deal coalition of the 1930s. This week’s convention showed that it has now gone further, recentering the vision of government that President Franklin Delano Roosevelt’s secretary of labor, Frances Perkins, called upon to make it serve the interests of communities.     

When the Biden-Harris administration took office in 2021, the United States was facing a deadly pandemic and the economic crash it had caused. The country also had to deal with the aftermath of the attempt of former president Donald Trump to overthrow the results of the 2020 presidential election and seize the presidency. It appeared that many people in the United States, as in many other countries around the world, had given up on democracy. 

Biden set out to prove that democracy could work for ordinary people by ditching the neoliberalism that had been in place for forty years. That system, begun in the 1980s, called for the government to allow unfettered markets to organize the economy. Neoliberalism’s proponents promised it would create widespread prosperity, but instead, it transferred more than $50 trillion from the bottom 90% of Americans to the top 1%. As the middle class hollowed out, those slipping behind lined up behind an authoritarian figure who promised to restore their former centrality by attacking those he told them were their enemies.

When he took office, Biden vowed to prove that democracy worked. With laws like the American Rescue Plan, the Bipartisan Infrastructure Act, the CHIPS and Science Act, and the Inflation Reduction Act, the Democrats directed investment toward ordinary Americans. The dramatic success of their economic program proved that it worked. On Wednesday, former president Bill Clinton noted that since 1989, the U.S. has created 51 million new jobs. Fifty million of those jobs were created under Democratic presidents, while only 1 million were added under Republicans—a striking statistic that perhaps will put neoliberalism, or at least the tired trope that Democrats are worse for the economy than Republicans, to bed. 

Vice President Kamala Harris’s nomination convention suggested a more thorough reworking of the federal government, one that also recalls the 1930s but suggests a transformation that goes beyond markets and jobs. 

Before Labor Secretary Perkins’s 1935 Social Security Act, the government served largely to manage the economic relationships between labor, capital, and resources. But Perkins recognized that the purpose of government was not to protect property; it was to protect the community. She recognized that children, women, and elderly and disabled Americans were as valuable to the community as young male workers and the wealthy men who employed them.

With a law that established a federal system of old-age benefits; unemployment insurance; aid to homeless, dependent, and neglected children; funds to promote maternal and child welfare; and public health services, Perkins began the process of molding the government to reflect that truth. 

Perkins’s understanding of the United States as a community reflected both her time in a small town in Maine and in her experience as a social worker in inner-city Philadelphia and Chicago before the law provided any protections for the workers, including children, who made the new factories profitable. She understood that while lawmakers focused on male workers, the American economy was, and always has been, utterly dependent on the unrecognized contributions of women and marginalized people in the form of childcare, sharing food and housing, and the many forms of unpaid work that keep communities functioning. 

This reworking of the American government to reflect community rather than economic

relationships changed the entire fabric of the country, and opponents have worked to destroy it ever since FDR began to put it in place. 

Now, in their quest to win the 2024 election, Vice President Kamala Harris and Minnesota governor Tim Walz—the Democratic nominees for president and vice president—have reclaimed the idea of community, with its understanding that everyone matters and the government must serve everyone, as the center of American life. 

Their vision rejects the division of the country into “us” and “them” that has been a staple of Republican politics since President Richard M. Nixon. It also rejects the politics of identity that has become identified with the argument that the United States has been irredeemably warped by racism and sexism. Instead, at the DNC, Democrats acknowledged the many ways in which the country has come up short of its principles in the past, and demanded that Americans do something to put in place a government that will address those inequities and make the American dream accessible to all.

Walz personifies this community vision. On Wednesday he laid it out from the very beginning of his acceptance speech, noting that he grew up in Butte, Nebraska, a town of 400 people, with 24 kids in his high school class. “[G]rowing up in a small town like that,” he said, “you’ll learn how to take care of each other that that family down the road, they may not think like you do, they may not pray like you do, they may not love like you do, but they’re your neighbors and you look out for them and they look out for you. Everybody belongs and everybody has a responsibility to contribute.” The football players Walz coached to a state championship joined him on stage.

Harris also called out this idea of community when she declined to mention that, if elected, she will be the first female president, and instead remembered growing up in “a beautiful working-class neighborhood of firefighters, nurses, and construction workers, all who tended their lawns with pride.” Her mother, Harris said, “leaned on a trusted circle to help raise us. Mrs. Shelton, who ran the daycare below us and became a second mother. Uncle Sherman. Aunt Mary. Uncle Freddy. And Auntie Chris. None of them, family by blood. And all of them, Family. By love…. Family who…instilled in us the values they personified. Community. Faith. And the importance of treating others as you would want to be treated. With kindness. Respect. And compassion.”

The speakers at the DNC called out the women who make communities function. Speaker after speaker at the DNC thanked their mother. Former first lady Michelle Obama explicitly described her mother, Marian Robinson, as someone who lived out the idea of hope for a better future, working for children and the community. Mrs. Obama described her mother as “glad to do the thankless, unglamorous work that for generations has strengthened the fabric of this nation.” 

Mrs. Obama, Harris, and Walz have emphasized that while they come from different backgrounds, they come from what Mrs. Obama called “the same foundational values”: “the promise of this country,” “the obligation to lift others up,” a “responsibility to give more than we take.”  Harris agreed, saying her mother “taught us to never complain about injustice. But…do something about it. She also taught us—Never do anything half-assed. That’s a direct quote.”

The Democrats worked to make it clear that their vision is not just the Democratic Party’s vision but an American one. They welcomed the union workers and veterans who have in the past gravitated toward Republicans, showing a powerful video contrasting Trump’s photo-ops, in which actors play union workers, with the actual plants being built thanks to money from the Biden-Harris administration. The many Democratic lawmakers who have served in the military stood on stage to back Arizona representative Ruben Gallego, a former Marine, who told the crowd that the veteran unemployment rate under Biden and Harris is the lowest in history. 

The many Republicans who spoke at the convention reinforced that the Democratic vision speaks for the whole country. Former representative Adam Kinzinger (R-IL) identified this vision as “conservative.” “As a conservative and a veteran,” he said “I believe true strength lies in defending the vulnerable. It’s in protecting your family. It’s in standing up for our Constitution and our democracy. That…is the soul of being a conservative. It used to be the soul of being a Republican,” Kinzinger said. “But Donald Trump has suffocated the soul of the Republican Party.” 

“[A] harm against any one of us is a harm against all of us,” Harris said. And she reminded people of her career as a prosecutor, in which “[e]very day in the courtroom, I stood proudly before a judge and said five words: ‘Kamala Harris, for the People.’ My entire career, I have only had one client. The People.”

“And so, on behalf of The People. On behalf of every American. Regardless of party. Race. Gender. Or the language your grandmother speaks. On behalf of my mother and everyone who has ever set out on their own unlikely journey. On behalf of Americans like the people I grew up with. People who work hard. Chase their dreams. And look out for one another. On behalf of everyone whose story could only be written in the greatest nation on Earth. I accept your nomination for President of the United States of America.”

The 100,000 biodegradable balloons that fell from the rafters when Vice President Harris accepted the Democratic nomination for president were blown up and tied by a team of 55 balloon artists from 18 states and Canada who volunteered to prepare the drop in honor of their colleague, Tommy DeLorenzo, who, along with his husband Scott, runs a balloon business. DeLorenzo is battling cancer. “We’re more colleagues than competitors,” Patty Sorell told Sydney Page of the Washington Post. “We all wanted to do something to help Tommy, to show him how much we love him.” 

“Words cannot express the gratitude I feel for this community,” DeLorenzo said.  

During its exhilarating convention, the Democratic Party rebranded itself. It was impossible to miss the sea of American flags, which everyone periodically waved in unison, or the loud chants of “USA! USA!”

It was impossible to miss the frequent paeans to FREEDOM and the signs in the audience emblazoned with the word FREEDOM.

As the brilliant writer Anand Girihadaras wrote on his blog “The Ink,” Democrats reclaimed five words that had been captured by the Republicans:

Freedom. Patriotism. Family. Masculinity. Normalcy.

Governor Tim Walz was a key figure in exemplifying these words. A guy animated by love of family. A coach. A hunter (who favors common-sense gun control). A member of the National Guard for 24 years. A guy.

Kamala Harris, Walz, and others focused on Freedom: the freedom to make your own healthcare decisions, the freedom that comes from knowing that your child will not be shot dead in school, the freedom to afford a home, the freedom to vote. Walz said, on more than one occasion, that the government should not insert itself into your doctors’ office or your bedroom. He repeatedly invoked what he described as a small-town virtue: “Mind Your Own Damn Business.”

Harris and Walz deliberately snatched those words away from the Republicans and claimed them as their own.

At the same time, they doubled down on criticizing Trump for his affinity for tyrants, like Putin. In their display of dignity and patriotism, they contrasted their party with Trump’s unhinged rants and childish personal insults. They emphasized the importance of telling the truth, as Trump tweeted that the next round of a Trump administration”would be great for women and reproductive rights.”

And they showcased JOY, as they laughed and danced in the aisles. The contrast was especially sharp during the states’ roll call vote: Republicans announced their votes to polite applause; Democrats announced their votes to music and dancing and flashing lights. Harris radiated joy, with her vivacious smile and her celebrated laugh. Trump evoked fear, frightening images of a nation in decline, divisesiveness. Which America do you want to live in?

The Republicans spoke wistfully about turning back the clock to a mythical time when America was “great.” An era of white male supremacy? An era of Christian dominance? The Democrats spoke hopefully about a better future, where everyone has the opportunity to live a decent life. The past or the future. Your choice.

The biggest contrast was the difference in the delegates themselves. The Republicans were, with minor variations, the party of white people. The Democrats overflowed with ethic and racial diversity.

Which party is the past? Which is the future?

The Bulwark is a Never-Trumper site, made up of angry Republicans. They have terrific content. Here is Bill Kristol, former editor of the conservative Weekly Standard, praising Kamala’s fabulous speech.

Kristol wrote:

Success.

Kamala Harris’s acceptance speech last night was a success. It capped a Democratic convention that was a success. That convention, in turn, capped Harris’s first month as a candidate, which was a success.

All that success was by no means inevitable.

One really has to tip one’s hat to the vice president and her campaign, and say: Not bad. Not bad at all. Pretty damn impressive, in fact.

Of course past performance is no guarantee of future results. Still, it does seem that a certain amount of optimism—guarded and hard-headed optimism—is warranted. We now have a reasonable likelihood of defeating Donald Trump, and electing as our next president a vigorous and centrist leader of a healthy and mainstream political party.

The convention has sought, for the most part, to present such a party. And last night’s speech presented such a leader.

The speech began with a very effective biographical section. Harris’s mother, Shyamala Harris, was central to her narrative. The tribute to her mother ran like a red thread through this part of the speech, and indeed the speech as a whole, allowing Harris to humanize herself while deftly avoiding the grandiosity and pomposity that often mar such efforts.

Having introduced herself to the nation, Harris formally accepted the nomination of her party. But it was a remarkably nonpartisan acceptance of a party’s nomination:

And, so, on behalf of the people, on behalf of every American, regardless of party, race, gender or the language your grandmother speaks. On behalf of my mother, and everyone who has ever set out on their own unlikely journey. On behalf of Americans like the people I grew up with—people who work hard, chase their dreams and look out for one another. On behalf of everyone whose story could only be written in the greatest nation on Earth, I accept your nomination to be president of the United States of America.

The tone of that paragraph laid the groundwork for the rest of the speech. Harris spoke more as an American than as a Democrat; as a patriot, not a partisan; and as someone grateful not aggrieved, future-oriented but not at all hostile to our past.

And so Harris continued:

And let me say, I know there are people of various political views watching tonight. And I want you to know, I promise to be a president for all Americans. You can always trust me to put country above party and self. To hold sacred America’s fundamental principles, from the rule of law, to free and fair elections, to the peaceful transfer of power.

The invocation of America’s fundamental principles, in turn, laid the predicate for a criticism of Trump as threatening them:

In many ways, Donald Trump is an unserious man. But the consequences of putting Donald Trump back in the White House are extremely serious.

And the critique of Trump led into the last half or so of the speech, which consisted of a pitch for more-or-less centrist domestic policies— including the bipartisan border bill that Trump torpedoed—and a robust endorsement of America’s necessary and distinctive role in the world.

Overall, the vision was kind of Bill Clinton (with a touch of Jack Kemp) at home, and John McCain abroad, with a hefty dose of John F. Kennedy-Ronald Reagan patriotism throughout. Harris even offered a striking endorsement of American exceptionalism:

I see an America where we hold fast to the fearless belief that built our nation and inspired the world . . . We are the heirs to the greatest democracy in the history of the world.

It is now our turn to do what generations before us have done, guided by optimism and faith, to fight for this country we love, to fight for the ideals we cherish and to uphold the awesome responsibility that comes with the greatest privilege on Earth: the privilege and pride of being an American.

With this speech, and with this convention as a whole, we have come a long way—the Democratic party has come a long way—from the identity and grievance politics of the left. Harris and Tim Walz have laid the predicate for a center-oriented, optimistic, and patriotic campaign. Consider the final tally. The terms America, American, Americans were uttered 34 times; country or nation, 20 times; freedom, 12 times; opportunity, 6 times; Democrats or Democratic party, 0 times.

It won’t be smooth sailing ahead. Trump and his campaign will go after them. And the left won’t simply be quiet. So there will be challenges aplenty.

Still, the prospects for the next two months seem pretty good to me.

But enough of all this unaccustomed good cheer. We need to start worrying about the debate. It’s only two-and-a-half weeks away.

While Kamala Harris was giving her terrific speech last night, Trump was live-tweeting on his favorite site. He was outraged!

Andrew Eggers wrote:

When things are going well and he’s feeling good, Donald Trump can sometimes be cajoled by his team into something resembling discipline. When things are going badly, he’s much more prone to publicly venting some spleen.

So perhaps the greatest measure of the effectiveness of Kamala Harris’s convention speech was the truly unhinged content bender it sent Trump spiraling into last night.

It started on Truth Social, where Trump informed us he had “assembled a small group of people, GREAT PATRIOTS ALL,” to watch Harris’s “puff piece.”

At first, Trump was jocular: “A lot of talk about childhood,” he wrote as Harris told her personal history, “we’ve got to get to the Border, Inflation, and Crime!”

Soon, though, the wheels were coming off. “These Prosecutions were all started by her and Biden against her Political Opponent, ME!” Trump fumed as Harris turned to his legal troubles. “IS SHE TALKING ABOUT ME?”

A random sampling of what followed:

  • “LYING AGAIN ABOUT PROJECT 2025, WHICH SHE KNOWS, AND SO DO ALL DEMOCRATS, THAT I HAVE ABSOLUTELY NOTHING TO DO WITH!”
  • “She just called to give all Illegals CITIZENSHIP, SAY GOODBYE TO THE U.S.A.! SHE IS A RADICAL MARXIST!”
  • “Walz was an ASSISTANT Coach, not a COACH.”
  • “SHE HAS LED US INTO FAILING NATION STATUS!”
  • “WHERE’S HUNTER?”

But posting, it turned out, wasn’t enough to soothe Trump’s jangled nerves. After the speech, he dialed into Fox News for still more free-associative complaining, bowling right over Bret Baier and Martha MacCallum’s attempts to get in specific questions, seemingly pressing phone buttons with his face as he talked. They eventually had to cut him off mid-sentence to wrap up their show.

Not to worry, though: When they pull the plug on you on Fox, there’s always Newsmax. So Trump picked up the phone again. “I will tell you, I just watched it,” he told Greg Kelly and Mercedes Schlapp a few moments later. “She didn’t talk about many things, like interest rates, China, fracking anywhere, let alone Pennsylvania, crime, poverty, trade deficits, child trafficking, woman trafficking, drugs, the border—she didn’t talk about the most important things.”

Did he get the bile out of his system? Trump’s rallying in Arizona this afternoon; I guess we’ll find out then.

The majority of the Supreme Court of Arkansas opposes abortion. So, they blocked a referendum on abortion access on flimsy technical grounds. Democracy, be damned in Arkansas. To read the background and the Court’s opinions, please open the link.

The Arkansas Times reported:

The Arkansas Supreme Court today likely drove a final stake through the heart of a ballot initiative to restore abortion rights in Arkansas. In a 4-3 decision, the court denied the request from the group backing the measure to restart the review process after the secretary of state preemptively disqualified the group last month due to a piece of paperwork the group failed to include in its final submission of the petition.

Despite collecting signatures from more than 100,000 Arkansans — and despite the fact that the plain language of the statutes appeared to show that the review process for the petition should have continued — the court ruled that paperwork omission was fatal to the group’s effort. 

For those following the case, this has always been the fear: Even if the law was on their side, the majority of the court opposes abortion. Ultimately the law is what the Supreme Court says it is. Among the grab-bag of flimsy arguments offered by Attorney General Tim Griffin, they found a couple they could stretch to suit the purpose of disqualifying the abortion petition.

In a blistering dissent, Associate Karen Baker took the majority to task for their descent into Calvinball:

Even a cursory review of how the present ballot initiative has progressed since its inception demonstrates that both the respondent and the majority have treated it differently for the sole purpose of preventing the people from voting on this issue.

“Today is a dark day in Arkansas,” said Rebecca Bobrow, a spokesperson for Arkansans for Limited Government (AFLG), the group leading the petition effort. “This morning, by a vote of 4-3, the Arkansas Supreme Court upheld Secretary Thurston’s disqualification of the Arkansas Abortion Amendment. More than 102,000 Arkansas voters exercised their constitutionally protected right to engage in direct democracy by signing the petition to get the Arkansas Abortion Amendment on the ballot. The Court’s majority ratifies Secretary Thurston’s decision to silence those voices.”

Theoretically, AFLG could file a lawsuit in federal court. But for procedural and timing reasons, that is extremely unlikely to help. In all likelihood, it’s over: Citizens will not have the opportunity to vote to restore abortion rights in November.

Elie Honig is a former federal prosecutor who writes at a site called Cafe, where he and other legal experts follow and explain Trump’s legal entanglements. In this post, he speculates on how Jack Smith’s effort to hold Trump accountable for his efforts to overturn the 2020 election might fare in the months ahead.. Note that he points out that the investigation was hampered by the very late start of the U.S. Justice Department.

He writes:

Dear Reader,

I remember vividly the first time I lost a key piece of evidence. The NYPD had caught our defendant in Washington Heights with a fake police badge around his neck and a loaded gun in his waistband, and we charged him with federal firearms and armed robbery conspiracy crimes. Better yet (for us on the prosecution side), we flipped a cooperating witness who would testify that he and the defendant had committed two prior armed robberies together by posing as cops and ripping off drug dealers.

A week or so before trial began, the judge held a conference to handle routine pre-trial housekeeping. I confidently laid out the cooperator’s expected testimony. “That’s out,” the judge ruled, nonchalantly. “Too prejudicial.” For those who think that every judicial decision is rendered in scholarly prose, replete with probing analysis and citations to applicable precedent: welcome to the real world.

It was a kick in the gut. “That’s such bullshit. He can’t do that,” I whined afterwards. “Sure he can,” my supervisor responded. “He’s the judge.”

My experience is a tiny-potatoes version of what the U.S. Supreme Court has done to Special Counsel Jack Smith and his 2020 election subversion case against Donald Trump. The Court declared, for the first time in our history, that a president is entitled to criminal immunity for official acts. That part was no surprise; the law has long recognized civil immunity, and the justices during oral argument seemed in no mood to affirm the lower courts’ outright rejection of Trump’s claim.

But the breadth of the Supreme Court’s decision was astonishing. The majority held, for example, that “in dividing official from unofficial conduct, courts may not inquire into the President’s motives.” (It remains unclear exactly how a judge is supposed to draw that vital distinction.) And the Court ruled that if conduct is immune, prosecutors can’t base a criminal charge on it – nor can they mention it at all during trial, even as necessary context or background.

Now the case has landed back in trial court, before Judge Tanya Chutkan. She originally wanted the parties back before her today, but Smith asked for a few more weeks to gather his thoughts; he clearly has accepted that there won’t be a pre-election trial, despite his prior dogged efforts. Trump’s counsel, ever intent on slowing things down, happily consented to the prosecution’s request for delay. When Court reconvenes on September 5, it’ll be up to the Judge to pick through the wreckage and figure out what can be salvaged.

On that question, the Supreme Court has offered pointed guidance, and it bodes poorly for the core of Smith’s indictment. Trump’s effort to coerce the Justice Department to gin up proof of non-existent election fraud? Almost certainly an “official act,” and therefore immune and out of the case altogether. Trump’s pressure campaign aimed at his vice president, Mike Pence? Probably out. And Trump’s public statements, including his tweets and January 6 Ellipse speech? Likely toast, too.

The Supreme Court conspicuously reminded Judge Chutkan that it’s unimpressed with her work so far and will be watching her closely. The justices in the majority blasted the lower courts for “the expedition of this case, the lack of factual analysis… and the absence of pertinent briefing by the parties.” Indeed, as we’ve noted here before, Smith, Chutkan, and the intermediate appeals court judges tried to shortcut ordinary process to get Trump tried before the election; the Supreme Court noticed and disapproved. Most importantly on the vital timing issue, the Court has specified that Trump can appeal Judge Chutkan’s decisions about what conduct is (and is not) immune, before trial starts. That means, as a practical matter, there’s a zero-point-zero percent chance this trial happens before the November 2024 election.

If you’ve been hoping that Trump faces accountability for trying to steal the 2020 election before voters head to the polls for the next one, don’t despair – not fully, anyway. (For the record, I’m with you. The real problem is that DOJ took over two-and-a-half years to charge the case.) Judge Chutkan still can – and I believe will – order an evidentiary hearing to enable Smith to air some of his most explosive evidence, before voters head to the polls.

The Judge now must sift through the prosecution’s evidence and determine how much of Trump’s alleged conduct was an official act (and therefore immune), and which conduct can remain in the case. She has some leeway here. The Judge could opt to take “proffers” from both sides – detailed statements by the lawyers about what they expect their evidence to show. That’s a little flat, but it’s also perfectly permissible and efficient. And then there’s the more sensational alternative: the Judge can permit Smith to call live witnesses to expound from the stand on what their trial testimony would be.

I expect Smith to push for door number two, and Judge Chutkan to agree. If that happens, brace for a series of dramatic in-court encounters. We could see Trump’s former chief of staff, Mark Meadows, take the stand to give his first-ever public accounting of what his boss did (and didn’t do) before and on January 6. And Mike Pence could testify about how Trump begged and eventually threatened him in an effort to get him to throw the election – and how, on January 6, he had to run for his life to avoid the frothing mob.

No, an evidentiary hearing won’t hit nearly as hard as a jury trial and verdict. And we won’t actually see or hear any of it, because federal courts don’t permit cameras or live audio streaming. (Fair enough, given that it’s apparently the year 1892 right now.) We likely already know the most damaging information, as revealed in 2022 during the unforgettable January 6 Select Committee hearings in Congress, and the ensuing 800-plus page report. But, really, imagine: Trump’s own former chief of staff and VP taking the stand in, say, September of an election year, to describe firsthand how their former boss trampled on the Constitution to try to steal an election. Even if we all mostly know the story by now, that simply can’t be good for Trump at the polls, just weeks before voters cast their ballots.

It’s unclear how much of Smith’s case will ultimately survive the Supreme Court’s strafing. He might eventually go to trial on a tattered indictment focused on Trump’s effort to pressure state and local officials, without any of the damning evidence relating to DOJ and the VP and incitement of the rally crowd. Or the wounds inflicted by the Supreme Court might ultimately prove fatal.

But if Smith’s goal is to expose Trump’s conduct to the American public before the election – and let’s face it, that’s plainly been a driving force for the special counsel all along, despite his refusal to acknowledge it – he’ll still have a backdoor path to partial success.

Stay Informed,

Elie

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

Jonathan V. Last is editor of The Bulwark, a site for Republican Never-Trumpers. I enjoy reading articles on this site because it is not part of a liberal Democratic echo chamber. He was a strong supporter of President Biden. He here refers to him as “the old man who saved democracy. Twice.” He published this article the day after Biden gave his moving speech to the Democratic National Convention.

He writes:

I hope you drank it in last night. It was one of the most human moments I’ve ever seen in politics, from the second the president stepped on stage and embraced his daughter.

But it was more than that. It was America saying goodbye to this ordinary man who has become an extraordinary president. A president who saved our democracy.

This is one of those cases where the transcript doesn’t give you enough context. You need the video. You need to see Biden’s face and feel the vibrations from the crowd. And you absolutely need to watch his final section, when he transitions from a campaign speech to a valediction.

This is the story of a nation grateful to a president not just for his accomplishments, but for his sacrifice. For his ability to understand that he was dispensable.

It was this extraordinary willingness, when American democracy was threatened from within, that made Joe Biden the indispensable man.

I know I’ve said this before but I want to say it again: Biden is our greatest living president. 

Seven years ago Joe Biden was an old man happy in retirement. Then he watched a group of neo-Nazis—emboldened by the election of Donald Trump—take to the streets of a college town in Virginia.

Biden looked around the political landscape and realized that he was the only person capable of defeating Trump in that moment. So he came out of retirement to run not a political campaign, but a fight for the soul of the nation.

And he won.

Biden’s victory set off a new crisis. As president-elect he watched the sitting president attempt a coup d’état—first through legal means, then through extralegal means, and finally through physical violence.

Lost in the analysis of January 6th and the post-election chaos is the critical role Biden played.

He was utterly and completely calm. He spent the post-election period preparing for the transition, even though Trump’s administration refused to cooperate with his team. And here are some of the things Biden did not do:

  • Publicly attack Trump.
  • Attempt to circumscribe Trump’s legal challenges.
  • Spread disinformation.
  • Antagonize Republican voters.
  • Seek to tie “normal” elected Republicans to Trump’s authoritarian designs.

Any of those actions might have helped Biden politically. All of them would have added gasoline to a raging fire.

President-elect Biden chose unity and calm over hysteria and division even as President Trump was attempting to end our democratic experiment. Reflect on that for a moment: Can you think of a single thing Biden said or did during that period?

No, you can’t. And that’s because Biden knew that in order to preserve the legitimacy of our system, the conflict had to be between Donald Trump and the rule of law, not between Donald Trump and Joe Biden. 

As president, Biden passed a large amount of meaningful legislation, but those accomplishments were secondary to his two larger projects, one foreign and one domestic.

On foreign policy, Biden’s big project was re-energizing internationalism. Where Trump had attempted to turn America into an isolated superpower that curried favor with dictators so that it could distance itself from alliances, Biden steeled—and expanded—NATO in the face of Russian aggression and took a hard line against China.

Domestically, Biden created a mechanism for the Republican party to heal itself. Instead of pushing a divisive agenda, Biden focused mostly on popular items with broad bipartisan support, many of which directly benefited Republican constituencies: infrastructure spending, the creation of manufacturing jobs, immigration reform, reducing medical costs for seniors.

Republicans could have supported these policies (which many of them did) while trying to guide their voters away from Trumpism (which almost none of them did).

Over and over Biden tried to make space on the right for a Republican party independent of fascist overtones.

That Republican voters affirmatively chose another run with Trump is no fault of Biden’s. He did everything he could. But his big domestic project failed because the base fact is that a political party can only be as healthy as its voters let it be.

And these days the GOP is a party where voters wear t-shirts bragging about how their nominee wants to be a “dictator.”

Faced with this failure and the resurgence of the authoritarian movement, Biden saved our democracy again—this time by walking away from power. When he realized that he could not win the battle a second time, Biden anointed Kamala Harris—shutting down any contest and giving her the space to establish herself as a force.

Judge J. Michael Luttig was appointed to the federal bench by President George H.W. Bush. He served from 1991-2006 on the Court of Appeals of the Fourth Circuit.

He issued the following statement to explain his decision:

Almost four years ago now, on January 6, 2021, a stake was driven through the heart of America’s Democracy, and on that day American Democracy was left teetering on a knife’s edge. On that day, the prescribed day for choosing the American president, there was not a peaceful transfer of power in the United States of America — for the first time in the almost 250 years since the Founding of the Nation. As a consequence of the former president’s continued denial of that appalling day, and his defiance of America’s Democracy to this day almost four years later, millions of Americans still believe that the 2020 presidential election was “stolen” from the former president, despite the fact that he lost that election fair and square in what has been proven over and over to have been the freest, fairest, and most accurate election in American history. Because of the former president’s continued, knowingly false claims that he won the 2020 election, millions of Americans no longer have faith and confidence in our national elections, and many never will again. Because of the former president’s knowingly false claims, many Americans — especially young Americans, tragically — have even begun to question whether constitutional democracy is the best form of self-government for America. The 2020 presidential election of course was not “stolen” from the former president and he knows that. It was the former president who attempted to steal the 2020 presidential election from the American People, not they from him. To attempt to steal an election in the United States of America is to attempt to steal America’s Democracy. For the former president to continue to persist in the knowingly false claim that the 2020 presidential election was stolen from him is a profound affront to American Democracy and to the Constitution of the United States — an affront without any precedent in all of American history.

In his utterly inexplicable obsession to this very day to deny, attempt to justify, even to glorify January 6, and to bludgeon Americans into believing that the 2020 presidential election was stolen from him when he knows it was not, the former president has corrupted America’s Democracy. Yet, to this day — to this day still — not only does the former president, and now the Republican Party of which he is again the standard bearer, continue to falsely claim that the former president won the 2020 election. He and his Party defiantly refuse even to pledge that they will honor and respect the vote and the will of the American People in the upcoming presidential election. In this defiant refusal, the Republican candidate for the presidency and the Republican Party have literally taken America political hostage, threatening the Nation with the specter of another January 6, 2021 on January 6, 2025, if the former president again loses his campaign for the presidency by a vote of the American People. Until January 6, 2021, there was a peaceful transfer of power from one President of the United States to his successor for almost 250 years. The peaceful transfer of power from one President of the United States to the next and the commitment of presidential candidates and their respective political parties to the peaceful transfer of power in the next election are fundamental tenets of our constitutional Republic. Adherence to these tenets is essential to American Democracy, American governance and government, and to the Rule of Law in the United States of America. Without the peaceful transfer of power, America would have no democracy. The politicians tell us that America’s Democracy and the Rule of Law are too “abstract” to “resonate” with American voters. If that was ever true in the past, which I do not accept, it is emphatically not true today. For reasons we all know too well, there could not possibly be any more concrete and consequential issues for the Nation and the American voter today than America’s Democracy and Rule of Law. America’s Democracy, and along with it the Rule of Law, were almost stolen from us on January 6, 2021, by the former President of the United States, who is, today, asking us to return him to the Highest Office of trust in the land.

America’s Democracy and Rule of Law are the defining features of our Nation. It is America’s Democracy, Constitution, and Rule of Law that have made America the envy of the world and the beacon of democracy and freedom for the world for almost 250 years. This presidential election is a test of Americans’ commitment to America’s Democracy, the Constitution, and the Rule of Law. It is so because the former president and the Republican Party have shamefully made it so. The often lofty, at times even noble, policy differences that have been the hallmark of American Politics and partisan debate for almost a quarter of a millennium pale in comparison to the foundational national policy issues of America’s Democracy, Constitution, and Rule of Law. American Democracy, the Constitution, and the Rule of Law are the stakes — the only real stakes — in the upcoming election.. Having made them so, these foundational issues of our times cannot now be wished away by the former president and his Republican Party, as they would have it. And they must not be wished away by the American People. The fact remains to this day that even the loftiest and noblest of policies and policy differences will be comparatively inconsequential unless and until we Americans bring to an end the war on America’s Democracy that was instigated by the former president and his allies on January 6, 2021. For their part, the former president and the Republican Party have determined to prosecute their war against America’s Democracy to its catastrophic end. As a consequence, for our part, “We the People” must bring this unholy war to an end – now. The Founders of our Nation and the Framers of our Constitution feared most of all this very moment in American history, when the American People would be tempted by the seductive demagoguery of a modern-day populist demagogue. In a letter to George Washington in 1792, over 230 years ago, Alexander Hamilton warned of this day and this demagogue, who would “mount the hobby horse of popularity” and whose “objects” “may justly be suspected to throw things into confusion that he may ‘ride the storm and direct the whirlwind.’”

Thomas Jefferson agreed with Alexander Hamilton about very little, except about the existential danger to the Republic of a populist demagogue. “If once elected, and at a second or third election outvoted by one or two votes, he will pretend false votes, foul play, hold possession of the reins of government, be supported by the States voting for him,” Jefferson presciently wrote to James Madison in 1787. The time for America’s choosing has come. It is time for all Americans to stand and affirm whether they believe in American Democracy, the Constitution, and the Rule of Law, and want for America the same — or whether they do not. The former president and the Republican Party have cynically framed this choice as a Hobson’s choice and they have cynically forced their supposed Hobson’s choice upon the Nation. But they have chosen as their standard bearer the one man who is singularly unfit to embody and represent not only to the Nation, but to the world, America’s sacred Democracy, Constitution, and Rule of Law. In a word, for America and Americans, this is no Hobson’s choice at all. America’s two political parties are the political guardians of American Democracy. Regrettably, in the presidential election of 2024 there is only one political party and one candidate for the presidency that can claim the mantle of defender and protector of America’s Democracy, the Constitution, and the Rule of Law. As a result, I will unhesitatingly vote for the Democratic Party’s candidate for the Presidency of the United States, Vice President of the United States, Kamala Harris. In voting for Vice President Harris, I assume that her public policy views are vastly different from my own, but I am indifferent in this election as to her policy views on any issues other than America’s Democracy, the Constitution, and the Rule of Law, as I believe all Americans should be.

In the 2024 election for President of the United States, there are no more important issues for America. It is our Democracy, our Constitution, and our Rule of Law that bind us together as Americans. We Americans must never allow ourselves to be put asunder from this that binds us by the siren calls of the politicians and the political sophists, the mercenaries and the opportunists, who entreat us that the only thing that matters in this presidential election is the candidates’ different positions on the sundry policies of the day. All, as if nothing had come before. We Americans know all too well what has come before. We understand what the political class does not want us to understand. That in the presidential election of 2024, the candidates’ policy differences are the least that matters to the United States of America.

J. Michael Luttig

I hope everyone had the opportunity to watch the Democratic Convention last night. It was exhilarating! I have watched both parties’ conventions ever since they were first televised. I remember back when conventions were contested, when no candidate had enough votes to lock up the nomination beforehand, and there were multiple votes cast to choose the candidate. There were fewer primaries back then, and the candidate was chosen at the convention. Now the convention is a coronation.

This year, though, there was a historic switch at the top on the Democratic side. Biden was determined to stay in the race until he wasn’t. Many of the party’s leaders asked him to step aside because they feared that he would drag down the Democratic Party if he stayed in. He was finally persuaded to do so because he realized that he could not unite the party. So, knowing how important it was to defeat Trump, he agreed to drop out for the good of the nation.

Given that everyone knew for certain the identity of the nominees, the challenge for the Convention planners was how to keep it interesting.

And they did it by showcasing the rising stars of the party, like Rep. Jasmine Crockett of Texas, who is sharp-tongued and witty; Governor Andy Beshear of Kentucky, who gets elected and re-elected in a red state; and AOC, who hit it out of the park with a fiery speech. Actually, everyone who spoke was awesome.

Then there were the three young women who talked about how their lives had been changed by harsh abortion bans. The third speaker, from Kentucky, Hadley Duvall, talked about being sexually abused and raped by her stepfather, learning she was pregnant when she was 12. She said, “”[Donald Trump] calls [total abortion bans] a ‘beautiful thing,'” Duvall said. “What is so beautiful about a child having to carry her parent’s child?”” There was silence and a collective gasp in the arena.

Hillary Clinton received a standing ovation that went on and on. And she delivered an eloquent, pointed speech. At one point, the audience broke into chants of “Lock him up!” She didn’t join in, but she smiled.

The highlight of the night was Joe Biden. His introduction by his daughter Ashley was moving. The audience welcome was ecstatic, and the cheers for him continued for several minutes. He was bathed in love and admiration. He spoke honestly, passionately, powerfully about his career, his love of country, his devotion to democracy, and his determination to keep Trump out of the White House. He said his decision to ask Kamala to be his running mate was the best decision of his long career. He said wistfully at the end of his speech that when he was first elected to the Senate at the age of 28, and now he is “too old” to run again.

Biden gave a cleared-eyed and incisive analysis of why this election is consequential. If you were not watching, I urge you to watch it now.

At the time of the Republican Convention, Trump felt sure he was on his way to a landslide victory. He had centered his campaign on the theme that Biden was senile. The attack ads were ready to roll. But only days after the lights were turned off in Milwaukee, Biden announced that he was stepping aside, and he endorsed his Vice-President Kamala Harris.

Trump was furious. How dare Biden decide not to run! Trump began to claim that what the Democrats had done was “unconstitutional” and that it was a “coup.”

Biden was pressured by party leaders to withdraw because, after his awful performance in the June debate, they feared that not only would he lose but he would hurt the chances of Democrats running for other offices. The switch at the top was unprecedented but was certainly not unconstitutional. The nation’s political parties are not even mentioned in the Constitution. They make their own rules. But facts never get in Trump’s way.

Trump continues to insist that there was a “coup,” and some in the media believe he’s setting up the basis for another violent attempt to restore him to power. His most rabid followers believe whatever he says, and this article by Colby Itkowitz and Hannah Allan in the Washington Post shows that they now believe that Harris’s substitution for Biden was illegitimate, intended to cheat Trump of the Presidency yet again.

The article reminds us that Trump predicted that the election in 2016 was rigged, that the election in 2020 was rigged, and now he’s back to the same bogus claim. The only election results he accepts as valid are his own wins.

They write:

From the moment Vice President Kamala Harris emerged as the surprise Democratic presidential nominee, former president Donald Trump began arguing that she was anointed through a “coup” rather than chosen by primary voters. After barely mentioning election integrity at the Republican convention in July, Trump is now casting the upcoming election as “rigged” against him and baselessly labeling any hurdle in his path as election interference.

“This was an overthrow of a president. This was an overthrow,” Trump said at a rally in Wilkes-Barre, Pa., on Saturday, referring to Harris replacing Biden on the ticket. He later added: “They deposed a president. It was a coup of a president. This was a coup.”

Trump’s efforts to undermine confidence in this year’s election are reminiscent of the tactics he used in the 2020 campaign and indicate how he could again seek to delegitimize the results if he loses, setting the stage for another combustible fight over the presidency, election and national security experts said.

“This is Donald Trump’s playbook: ‘There’s a deep state, they’re all out to get me,’” said Elizabeth Neumann, who served as a senior Department of Homeland Security official during the Trump administration and is now among his conservative critics. “Even here — as he’s going to have to face a stronger, harder candidate to defeat — his default is, ‘Well, this couldn’t possibly be legal. This is a coup. This is wrong,’ even though there are no facts to back that up.”

While some of this is “just for show,” Neumann said, Trump and his allies are also setting up the “next version of ‘Stop the Steal.’”

Trump has long insisted that his political failures are the result of some malevolent force trying to keep him out of power, and he has weakened faith in the U.S. election system despite widespread evidence that the results can be trusted. When asked to comment for this article, Trump’s campaign responded with a statement attacking Harris and again characterizing her nomination as part of a “coup.”

“President Trump and our campaign have never been more confident that we are going to win this election,” spokeswoman Karoline Leavitt said.

When Trump first ran for president in 2016, he falsely claimed that Sen. Ted Cruz (R-Tex.) stole the Iowa caucuses, and he told his supporters that the general election was “absolutely being rigged” against him. After winning, he falsely said his loss in the popular vote was due to “millions of people who voted illegally.” In 2020, he baselessly claimed the influx of mail-in ballots amid the global pandemic led to widespread fraud that cost him the election, and as Congress gathered to certify the results, Trump supporters violently attacked the U.S. Capitol and tried to halt the process.

Trump refuses to say whether he will accept the results of the 2024 election, even as he tells his fans that the Democrats are cheating.

In an Aug. 6 post on Truth Social, Trump presented a fantastical story that envisioned Biden, “whose Presidency was Unconstitutionally STOLEN from him,” crashing this week’s Democratic National Convention to take back the nomination.

“They forced him out. It was a coup. We had a coup,” Trump said of Biden at an Aug. 9 rally in Bozeman, Mont. “That was the first coup of the history of our country, and it was very successful.”

This post-election time will be different from January 6, 2021. If Trump calls up his Proud Boys and his other militias, D.C. will be prepared. And Trump will not be in charge.