Archives for category: Disruption

We have all wondered about Trump’s remarkable ability to dodge accountability for his scandals. He promoted an insurrection that sent a violent mob to attack the U.S. Capitol. The mob pummeled law enforcement officers. People died. Trump escaped accountability. He escaped impeachment. Twice. He brought home boxes of highly confidential documents that belonged in the National Archives. A friendly judge whom he appointed threw out the case.

Trump has escaped accountability all his life. Tomorrow, Election Day, is the last chance to hold him accountable. Will he hoodwink the American public again?

Peter Baker, chief White House correspondent for The New York Times, wrote about Trump’s lifelong escape act. He is the Harry Houdini of politics.

Baker wrote:

When the history of the 2024 election is written, one of the iconic images illustrating it will surely be the mug shot taken of Donald J. Trump after one of his four indictments, staring into the camera with his signature glare. It is an image not of shame but of defiance, the image of a man who would be a convicted felon before Election Day and yet possibly president of the United States again afterward.

Sometimes lost amid all the shouting of a high-octane campaign heading into its final couple of weeks is that simple if mind-bending fact. America for the first time in its history may send a criminal to the Oval Office and entrust him with the nuclear codes. What would once have been automatically disqualifying barely seems to slow Mr. Trump down in his comeback march for a second term that he says will be devoted to “retribution.”

In all the different ways that Mr. Trump has upended the traditional rules of American politics, that may be one of the most striking. He has survived more scandals than any major party presidential candidate, much less president, in the life of the republic. Not only survived but thrived. He has turned them on their head, making allegations against him into an argument for him by casting himself as a serial victim rather than a serial violator.

His persecution defense, the notion that he gets in so much trouble only because everyone is out to get him, resonates at his rallies where he says “they’re not coming after me, they’re coming after you, and I’m just standing in the way.” But that of course belies a record of scandal stretching across his 78 years starting long before politics. Whether in his personal life or his public life, he has been accused of so many acts of wrongdoing, investigated by so many prosecutors and agencies, sued by so many plaintiffs and claimants that it requires a scorecard just to remember them all.

His businesses went bankrupt repeatedly and multiple others failed. He was taken to court for stiffing his vendors, stiffing his bankers and even stiffing his own family. He avoided the draft during the Vietnam War and avoided paying any income taxes for years. He was forced to shell out tens of millions of dollars to students who accused him of scamming them, found liable for wide-scale business fraud and had his real estate firm convicted in criminal court of tax crimes.

He has boasted of grabbing women by their private parts, been reported to have cheated on all three of his wives and been accused of sexual misconduct by more than two dozen women, including one whose account was validated by a jury that found him liable for sexual abuse after a civil trial.

He is the only president in American history impeached twice for high crimes and misdemeanors, the only president ever indicted on criminal charges and the only president to be convicted of a felony (34, in fact). He used the authority of his office to punish his adversaries and tried to hold onto power on the basis of a brazen lie.

Mr. Trump beat some of the investigations and lawsuits against him and some proved unfounded, but the sheer volume is remarkable. Any one of those scandals by itself would typically have been enough to derail another politician. Joseph R. Biden Jr.’s first bid for the presidency collapsed when he lifted some words from another politician’s speech. George W. Bush came close to losing after the last-minute revelation of a long-ago drunken-driving arrest. Hillary Rodham Clinton fell short at least in part because of an F.B.I. investigation into emails that led to no charges.

Not Mr. Trump. He has moved from one furor to the next without any of them sinking into the body politic enough to end his career. The unrelenting pace of scandals may in its own way help him by keeping any single one of them from dominating the national conversation and eroding his standing with his base of supporters.

He even turned that mug shot into a marketing tool, selling T-shirts, posters, bumper stickers, coffee mugs and even beverage coolers with the image and the slogan, “NEVER SURRENDER.” And victory next month may yet help him escape the biggest threat of all — potentially prison.

Nonetheless, the full record stands out.

Making and Losing Money

Mr. Trump got an early start learning how to cut corners. As a high school student at New York Military Academy, he knowingly borrowed a friend’s dress jacket with a dozen medals attached to wear for his yearbook photo, in effect appropriating medals that he did not win himself, according to a new book, “Lucky Loser,” by Russ Buettner and Susanne Craig of The New York Times.

He likewise cheated to get into college, according to his estranged niece, Mary L. Trump. The future president paid a friend to take the SAT for him, Ms. Trump asserted in her own book, earning a score that later helped him transfer to Wharton business school at the University of Pennsylvania, a credential he has boasted about ever since. (A spokeswoman for Mr. Trump has denied this, and the widow of a man with the name cited by Ms. Trump as the test-taking friend said that she was confident her husband did no such thing.)

After graduating from Pennsylvania in 1968, however, the former military academy cadet had no interest in serving in the real military and risked being sent to fight in Vietnam. He managed to avoid the draft with a diagnosis of bone spurs in his heels — a diagnosis that evidently was obtained as a favor from a podiatrist in Queens who rented his office from Mr. Trump’s father, Fred C. Trump. Two daughters of the podiatrist, who died in 2007, have said that he often told them about saving the younger Mr. Trump from Vietnam as a courtesy to his landlord.

Freed from military obligations, Mr. Trump went into the family business, helping run his father’s empire of rental apartment buildings in the outer boroughs. Even in those early days, he came under suspicion of misconduct. In 1973, the Justice Department sued the Trump family company for racial discrimination in renting apartments. Applications from Black applicants were marked C for “colored.” Mr. Trump fought the matter in court but ultimately agreed to a settlement that the Justice Department at the time called “one of the most far-reaching ever negotiated.”

His business career vaulted him to fame, and he had notable successes, perhaps most prominently the rehabilitation of the Commodore Hotel and the construction of Trump Tower. But he often reached further than he was able to deliver. His record in business was pockmarked with plenty of failures.

The Trump Shuttle airline? Failure. His dreams of building a Television City in Manhattan? Failure. A United States Football League franchise? Failure. The Trump Plaza Hotel and Casino, Trump Taj Mahal, Trump’s Castle Casino Resort, Trump Mortgage, Trump Vodka, Trump University, Trump Steaks, GoTrump.com? All failures.

His most spectacular flameouts came in the gambling mecca of Atlantic City, where he overextended himself building or buying three casinos that ultimately cannibalized each other’s clientele as he failed to keep up with enormous debt payments. He filed bankruptcy for the Taj Mahal in 1991 and then for the other two casinos in 1992. He also filed bankruptcy in 1992 for the Plaza Hotel.

Even after recovering from that debacle, Mr. Trump failed again. His casino company filed for bankruptcy in 2004 and then again in 2009, for his sixth trip into that process. In his various bankruptcies, he was compelled to sell assets, and creditors were forced to write off some of his debt. But Mr. Trump has boasted that he still made money in Atlantic City even after leaving a trail of losses for nearly everyone else involved, including workers who lost jobs.

Mr. Trump played the game along the edge, and sometimes over the line, of propriety. To grease his path, he would hire a governor’s son or a federal prosecutor’s brother. Along the way, he was investigated time and time again. Federal, state and local authorities looked into his ties with the Mafia, found violations of money laundering laws and penalized him for skirting stock trade rules.

At one point when Mr. Trump was strapped for cash to make an interest payment, his father sent a lawyer to one of the son’s casinos to buy $3.5 million in chips without placing a bet. New Jersey’s casino regulators imposed a $65,000 fine for what amounted to an illegal loan.

But Mr. Trump makes a point of not admitting misdeeds or mistakes. Even his failures he portrays as triumphs. “I made a lot of money in Atlantic City,” he once said, “and I’m very proud of it.”

For years, Mr. Trump’s personal life was full of scandal, too, enough to make him a frequent topic of the gossip columns of the era. He did not mind. There was almost no headline too scandalous for him. “There’s no bad press unless you’re a pedophile,” he said in front of his campaign manager later in life.

After marrying the Czech model Ivana Zelnickova in 1977 and fathering three children, Mr. Trump began carrying on an affair with a younger model, Marla Maples. He and Ivana fought out their divorce battle in the news media, at one point making the tabloid front pages 11 days running. He even maneuvered The New York Post into running a banner headline “Best Sex I’ve Ever Had”supposedly describing Ms. Maples’s assessment of their bedroom life.

While living with Ms. Maples, he boasted of infidelity to a reporter during a call when, bizarrely, he impersonated a spokesman for himself and insisted that Mr. Trump had “three other girlfriends” in addition to the woman sharing his home. He and Ms. Maples later married anyway and had a daughter before divorcing, too.

He met Melania Knauss, a Slovenian model, and married her in 2005. But he was not always faithful to her either, according to other women. Stephanie Clifford, a porn film actor who goes by the name Stormy Daniels, claimed to have had a tryst with Mr. Trump in 2006, four months after Melania Trump gave birth to his fifth child.

Karen McDougal, a former Playboy Playmate of the Year, said she had a 10-month fling with Mr. Trump around the same time. Michael D. Cohen, then Mr. Trump’s lawyer and self-described fixer, arranged for six-figure payments to be made to both Ms. Clifford and Ms. McDougal in 2016 to ensure their silence before the presidential election, hush-money that would later come back to haunt Mr. Trump.

His view of women and his belief in his right to pursue them with impunity ultimately was put on display before that election anyway. The now-famous “Access Hollywood” tapeposted by The Washington Post weeks before the final balloting revealed his belief that he could “do anything” with women because he was famous. “When you’re a star, they let you do it,” he said. “Grab ’em by the pussy. You can do anything.”

While he later dismissed that as mere “locker room banter,” Mr. Trump has been a one-man #MeToo magnet, accused by two dozen or so women of sexual misconduct that goes well beyond banter. One said he grabbed her breasts and tried to run his hand up her skirton an airplane. Another said he kissed her while she worked for him, and at least two others said he groped them at the U.S. Open. Perhaps most famously, E. Jean Carroll, a writer, said he raped her in the dressing room of the Bergdorf Goodman department store in Manhattan in the 1990s.

He has consistently denied all charges, suggesting that all of these women, one after the other, simply made it up. “Every woman lied,” he said in 2016. In a couple of instances, he has dismissed the allegations, not by saying that he would never do such a thing but by saying that he would never do such a thing with those particular accusers because of their looks. “She would not have been the chosen one,” he said last month about one of them.

In the only time one of these allegations made it to a verdict in court, a New York jury last year did not establish that he raped Ms. Carroll but did unanimously find that he sexually abused and defamed her and ordered him to pay her $5 million. Another jury earlier this year found that he continued to defame her and ordered Mr. Trump to pay Ms. Carroll $83.3 million. He is appealing both judgments.

No president in American history has been wealthier than Mr. Trump. And no president in the modern era, at least, paid less in federal income taxes in their first year living in the White House.

Tax documents obtained by The Times in 2020 showed that Mr. Trump paid only $750 in federal income taxes in 2016, the year he originally ran for president, and only $750 again in 2017, the first year of his presidency. In fact, in 11 of the 18 years examined by The Times, Mr. Trump paid no income taxes to the federal government whatsoever.

Mr. Trump and his accountants have proved to be master manipulators of the tax code, bending it to benefit him in ways that would usually be damaging to a politician. The self-proclaimed billionaire, currently estimated to be worth $5.5 billion by Forbes magazine, managed year after year to pay less in income taxes than at least half of American taxpayers through creative bookkeeping if not more questionable tactics.

One after another, judges and juries found against Mr. Trump, branding him a fraudster, a sexual abuser and, through his real estate firm, a tax cheat. The two verdicts on behalf of E. Jean Carroll have left him on the hook for nearly $100 million including interest. The tax fraud conviction of the Trump Organization made him the first president to head a criminal company.

According to a Times investigation in 2018, Mr. Trump and his siblings took a real estate empire from his father that banks a few years later would value at nearly $900 million and, through favorable appraisals, paid taxes on it as if it were worth just $57 million. Buildings given by Fred Trump to his children were valued low by the Trump family for tax purposes and high for other purposes, turning a potential $10 million tax bill into a charge of just over $700,000, The Times reported.

He has even gotten the Internal Revenue Service to send him large amounts of cash. By declaring large losses on paper at least, he collected more than $90 million in local, state and federal refunds. Even Mr. Trump was astonished. “He could not believe how stupid the government was for giving ‘someone like him’ that much money back,” Mr. Cohen, his former lawyer, recalled in congressional testimony.

Mr. Trump constantly found ways of getting around paying taxes. At one point, an invoice padding scheme allowed Mr. Trump’s family to sell supplies to itself to get out of gift taxes. At another point, he shifted ownership of a failed Chicago tower to another partnership that he also owned to try to claim additional losses for tax purposes, according to an I.R.S. inquiry, a double-dipping scheme that effectively allowed him to claim the same losses twice.

Unlike every other modern president, Mr. Trump refused to voluntarily release his tax forms, going all the way to the Supreme Court in an ultimately futile effort to shield them from public view. But he has made no apology for avoiding taxes where he can. “That makes me smart,” he famously said in 2016.

The tax forms that did eventually become public highlighted the disparity between his public claims of business conquests and his private claims of business setbacks. In the same year that he published “The Art of the Deal,” his iconic best seller promoting himself as a masterful business mogul, his core businesses reported $45 million in losses on his tax returns.

Mr. Trump relied heavily on his father’s fortune to assemble his own. While he likes to say that he parlayed a $1 million loan from his father into his own empire, the Times investigation in 2018 found that his father had begun giving him $200,000 a year in inflation-adjusted dollars starting at age 3 and that over the course of his career he received $413 million in today’s dollars from his father’s real estate business. (Mr. Trump disputes this.)

The future president was not content to exploit his own inheritance. He got into a legal battle with his own niece and nephew, who accused him of cheating them out of their share of Fred Trump’s estate. Mary Trump and her brother Fred Trump III, the children of Donald’s late brother, Fred Trump Jr., argued that they were originally supposed to split a 20 percent share of their grandfather’s estate, worth millions, upon his death. Instead, under a revised will, the two were each offered a one-time payment of $200,000.

When they sued, the future president retaliated by cutting his niece and nephew out of the family’s medical insurance fund at a time when the younger Fred Trump was using it to pay for care for his severely ill infant son. “I was angry because they sued,” Donald Trump later explained to The Times. Fred and Mary eventually settled, but were embittered that their uncle would betray them in what seemed like a bid to find cash to pay his debts.

“He was willing to squeeze his own niece and nephew and manipulate his father’s wishes, all to try and stop his own creditors from collecting the money he legally owed them,” Fred Trump wrote in “All in the Family,” a memoir published in July. “If that meant screwing his late brother — well, so be it. If it meant raiding the inheritance of his brother’s two children — well, OK.”

Mr. Trump’s relatives were not the only ones who considered themselves bilked. Over the years, so did contractors, bankers, business partners, customers and competitors, among others. By the time he first ran for president in 2016, he had been involved in 4,095 lawsuits, according to a count by USA Today, although in many of them he was the plaintiff.

Not counting personal injury lawsuits, which are common for many businesses, Mr. Trump or his firms were the defendants in at least 1,026 of those cases, accused of not paying taxes, not paying overtime, not paying companies he had hired, not paying back golf club fees that were to be refunded and not abiding by contracts. He won many of those fights but lost or settled others.

His educational and philanthropic enterprises were also seen as shams. Just after he was elected president in 2016, Mr. Trump agreed to pay $25 million to studentsof his defunct Trump University who accused him of defrauding them. Two years later, New York state authorities found “a shocking pattern of illegality” at the Donald J. Trump Foundation, which functioned “as little more than a checkbook to serve Mr. Trump’s business and political interests.”

And in 2022, one of his tax schemes came unraveled when the Trump Organization, a family-owned business that he controlled, was convicted in criminal court of 17 countsof tax fraud, a scheme to defraud, conspiracy and falsifying business records for doling out off-the-books perks to some of its top executives. The company was given the maximum fine of $1.6 million.

Scandal followed him to the White House, so much so that he called it “the cloud” and complained that it was getting in the way of governing.

The most consuming scandal of his time in office stemmed from the investigation into Russia’s interference in the 2016 election. While U.S. intelligence agencies determined that Russia sought to tip the contest to Mr. Trump, the newly sworn-in president refused to believe that and took any inquiry into the matter as an attack on his legitimacy.

Along the way, he escalated the matter by firing James B. Comey, the F.B.I. director leading the investigation into whether his campaign had any ties with the Russians, and then told visiting Russian officials the very next day that doing so had “taken off” what he called “great pressure.” Actually, it did not. Instead, it led to the appointment of Robert S. Mueller III as special counsel.

After nearly two years of investigating, Mr. Mueller concluded that the Russians did interfere on Mr. Trump’s behalf, and he uncovered a stunning array of contacts between people in the president’s orbit and Russian figures. But Mr. Mueller reported that he did not establish any illegal coordination between Russia and the campaign and that “the evidence was not sufficient to charge” anyone with criminal conspiracy.

At the same time, he outlined more than 10 instances where Mr. Trump might have committed obstruction of justice by trying to thwart the investigation — including the dismissal of Mr. Comey. Mr. Mueller said he did not decide if charges were warranted because Justice Department policy precluded prosecution of a sitting president. Mr. Trump insisted this amounted to “total exoneration,”although Mr. Mueller explicitly said he was not exonerating the president.

The investigation and media attention on what he called “the Russia hoax” embittered Mr. Trump, and during his four years in the White House he expanded the use of government power to target perceived enemies in ways not seen since Watergate. While other presidents shied away from giving the impression that they were wielding the authority of their office for political vengeance, Mr. Trump was open about going after his adversaries.

Time and again, he publicly pressed his attorneys general — first Jeff Sessions and then William P. Barr — to prosecute Democrats or government officials who angered him. At various times, he called for the prosecution of Mr. Biden, Ms. Clinton and former President Barack Obama and lashed out when advisers resisted.

He grew particularly obsessed with prosecuting certain people, like former Secretary of State John Kerry. Mr. Trump was fixated on the former top diplomat for talking with the Iranians with whom Mr. Kerry had negotiated a nuclear agreement from which Mr. Trump withdrew the United States. In meeting after meeting, Mr. Trump repeatedly badgered Mr. Barr to charge Mr. Kerry, according to a memoir by John R. Bolton, his former national security adviser.

Mr. Bolton’s memoir was another example of Mr. Trump pushing the bounds of the presidency to punish someone. Angered that Mr. Bolton had criticized him, Mr. Trump pressured the Justice Department to block his former aide from publishing his book. The decision to go to court to squelch a memoir prior to publication after it had been initially cleared for classified information by a career official was seen as so beyond the pale that the assistant attorney general who filed the suit on White House orders, Jody Hunt, immediately resigned.

Mr. Trump tried to put so many people who irritated him in the cross hairs of the legal system that it is hard to maintain a thorough list. He wanted prosecutors to investigate Mr. Comey as well as Andrew G. McCabe, his acting successor, and other F.B.I. officials who participated in the Russia investigation, including Peter Strzok and Lisa Page.

The president was so determined to revoke security clearances for John O. Brennan, the former C.I.A. director, and James R. Clapper Jr., the former director of national intelligence, who both criticized him on television, that his chief of staff John F. Kelly estimated that Mr. Trump raised the matter between 50 and 75 times.

He also sought to use his power to help specific companies he favored and penalize those that angered him. He told aides to instruct the Justice Department to block the merger of Time Warner with AT&T, which would include the CNN network, one of the biggest thorns in his side. The Justice Department unsuccessfully sought to stop the merger in court, although officials insisted they acted on their own initiative, not at the behest of the White House.

Mr. Trump also tried to penalize Amazon, whose founder Jeff Bezos owns The Washington Post, another media irritant, by pressing for increases in U.S. postal rates for the company and by blocking a $10 billion Pentagon cloud computing contract.

But he monetized the presidency for himself, as his Trump International Hotel in Washington and other properties became magnets for money from people and institutions currying favor, including the governments of Saudi Arabia, Turkey, Kuwait, the United Arab Emirates and the Philippines. Critics took him to court charging him with violating the emoluments clause of the Constitution barring the acceptance of gifts from “any king, prince, or foreign state,” although the Supreme Court threw out legal challenges.

Most notably, Mr. Trump sought to use his office to strong-arm another country to deliver dirt on Mr. Biden, a political rival. The president suspended military aid to Ukraine and leaned on its president, Volodymyr Zelensky, to “do us a favor” by announcing an investigation into supposed corruption involving Mr. Biden and other Democrats.

For that, the House ultimately impeached Mr. Trump for abuse of power on a largely party-line vote, making him only the third president ever to be charged with high crimes, although the Senate failed to reach the two-thirds vote necessary for conviction.

Mr. Trump made prolific use of his presidential pardon power to help friends and political allies — and particularly figures who he might have had reason to fear would turn against him by talking with prosecutors if faced with prison time. Critics argued that dangling pardons amounted to an attempt to obstruct investigators.

Among others, Mr. Trump gave pardons or commutations to Paul Manafort, his onetime campaign chairman; Stephen K. Bannon, his former chief strategist; Roger J. Stone Jr., his friend and political adviser, all of whom had been in the cross hairs of prosecutors looking at Mr. Trump. In the final weeks of his presidency, he also used his clemency power to help convicted felons who paid people close to him to lobby for them.

Mr. Trump’s presidency ended in violence as a result of his concerted effort to overturn the 2020 election that he lost so that he could hold onto power despite the will of the voters. He filed dozens of lawsuits and pressured state officials, members of Congress, the Justice Department and his own vice president to help reverse his defeat, something no president has ever done before. And when the crowd of supporters he told to march on Congress stormed the Capitol on Jan. 6, 2021, to try to stop the finalization of Mr. Trump’s defeat, he sat in the White House watching on television without trying to stop it for 187 minutes.

The House impeached him again as a result, accusing him of inciting the riot, with 10 Republicans joining Democrats. Never before had a president been impeached a second time. The Senate ultimately acquitted him again, but this time seven Republicans voted for conviction and several others said they voted no only because he was already out of office by the time of the trial.

The explosive finale of the Trump presidency did not bring an end to the Trump scandals. On the contrary, it opened a new and unprecedented chapter in the epic and still-unresolved struggles between the 45th president and the American law enforcement system.

In the months after he departed the White House, authorities in Washington, New York, Georgia, Florida and Michigan opened investigations that ultimately led them to Mr. Trump. Civil lawsuits also mounted. Mr. Trump became a target or defendant in so many courthouses that his post-presidency has become a full-employment act for defense attorneys.

A separate civil lawsuit brought by the New York State attorney general, Letitia James, went to the heart of Mr. Trump’s self-image as a tycoon of Olympian proportions. Mr. Trump’s practice of valuing properties according to his needs came back to bite him when a judge found him liable for sweeping business fraud, ruling that he illegally inflated his net worth in securing loans. The judge not only hit him with penalties that could top $450 million, he also barred Mr. Trump from leading any business in his original home state for three years. Mr. Trump is appealing.

While that judgment in itself was a first in presidential history, it barely seemed to register compared with the criminal cases brought against Mr. Trump. In what was then a stunning move, the F.B.I. conducted a search of his Mar-a-Lago estate in Florida to find classified documents that Mr. Trump took with him when he left the White House and then refused to give back even when subpoenaed. That, too, was a first.

And then came what might have once been unthinkable — criminal charges against a former president. Mr. Trump was indicted not once, not twice, not three times but four times. While other presidents like Ulysses S. Grant, Warren G. Harding, Richard M. Nixon and Bill Clinton were not without their own scandals, none of them were ever charged with felonies.

The first indictment centered on those hush-money payments to Stormy Daniels. Alvin L. Bragg, the district attorney for Manhattan, charged Mr. Trump with falsifying business records to cover up the affair and the payments. The second indictment came in federal court in Florida where the special counsel Jack Smith charged Mr. Trump with mishandling classified documents and obstructing authorities trying to retrieve them.

The third and fourth indictments both stemmed from Mr. Trump’s efforts to overturn the 2020 election that he lost. Mr. Smith brought an election interference case against him in federal court in Washington, while Fani T. Willis, the district attorney of Fulton County, Ga., brought a racketeering case against Mr. Trump for trying to switch Georgia’s electoral votes. The Michigan attorney general, for her part, named Mr. Trump an unindicted co-conspirator in her own election case. He has pleaded not guilty to all charges and blamed Democrats for coming after him for partisan reasons.

The drumbeat of hearings and appeals and procedural fights that have followed may have numbed the shock value, but these cases will stand out in those future history books. He has gone to trial on only one of the four indictments so far, Mr. Bragg’s hush-money case, and the jury unanimously found him guilty of 34 felony counts. Sentencing has been pushed off until after the election.

The other three cases are in various states of limbo in part because of aggressive and successful defense moves by Mr. Trump’s lawyers aimed at delaying or undercutting the charges against him. The Georgia case was sidetracked by revelations that Ms. Willis had a personal relationship with the prosecutor she chose to manage the case.

The Florida case was thrown out in July by U.S. District Judge Aileen M. Cannon, a Trump appointee, not because she found Mr. Trump innocent but because she considered Mr. Smith’s appointment as special counsel to be procedurally improper, a decision that stunned legal experts. Mr. Smith is appealing, and the charges could be reinstated.

The federal election case was thrown off track for months by Mr. Trump’s assertion that he had immunity as president. The Supreme Court largely accepted the argument, ruling for the first time in history that presidents have substantial immunity for crimes related to official acts. Now Judge Tanya S. Chutkan must determine whether Mr. Trump’s actions in trying to overturn the election to hold onto power constituted official acts, a process that could stretch out for months.

In the end, she may not get a chance. If Mr. Trump is elected next month, he could pull the plug on the federal prosecutions, and even the state cases in New York and Georgia may be frozen while he is in office again. He knows that, and he is counting on it. As he said earlier this year, “The real verdict is going to be Nov. 5, by the people.”

The New York Times editorial board published its endorsement of Kamala Harris on September 30. Its editorial says plainly that Donald Trump is unfit for the presidency. Since the editorial appeared, The Los Angeles Times and The Washington Post announced that they would not endorse anyone in this crucial election. Thank you to The Times for speaking up against a showman who has promised to destroy our democracy and who has behaved like a carnival barker during the campaign. These are dangerous times. We need a thoughtful intelligent President. We need Kamala Harris.

The editorial is titled “The Only Patriotic Choice for President”: :

It is hard to imagine a candidate more unworthy to serve as president of the United States than Donald Trump. He has proved himself morally unfit for an office that asks its occupant to put the good of the nation above self-interest. He has proved himself temperamentally unfit for a role that requires the very qualities — wisdom, honesty, empathy, courage, restraint, humility, discipline — that he most lacks.

Those disqualifying characteristics are compounded by everything else that limits his ability to fulfill the duties of the president: his many criminal charges, his advancing age, his fundamental lack of interest in policy and his increasingly bizarre cast of associates.

This unequivocal, dispiriting truth — Donald Trump is not fit to be president — should be enough for any voter who cares about the health of our country and the stability of our democracy to deny him re-election.

For this reason, regardless of any political disagreements voters might have with her, Kamala Harris is the only patriotic choice for president.

Most presidential elections are, at their core, about two different visions of America that emerge from competing policies and principles. This one is about something more foundational. It is about whether we invite into the highest office in the land a man who has revealed, unmistakably, that he will degrade the values, defy the norms and dismantle the institutions that have made our country strong.

As a dedicated public servant who has demonstrated care, competence and an unwavering commitment to the Constitution, Ms. Harris stands alone in this race. She may not be the perfect candidate for every voter, especially those who are frustrated and angry about our government’s failures to fix what’s broken — from our immigration system to public schools to housing costs to gun violence. Yet we urge Americans to contrast Ms. Harris’s record with her opponent’s.

Ms. Harris is more than a necessary alternative. There is also an optimistic case for elevating her, one that is rooted in her policies and borne out by her experience as vice president, a senator and a state attorney general.

Over the past 10 weeks, Ms. Harris has offered a shared future for all citizens, beyond hate and division. She has begun to describe a set of thoughtful plans to help American families.

While character is enormously important — in this election, pre-eminently so — policies matter. Many Americans remain deeply concerned about their prospects and their children’s in an unstable and unforgiving world. For them, Ms. Harris is clearly the better choice. She has committed to using the power of her office to help Americans better afford the things they need, to make it easier to own a home, to support small businesses and to help workers. Mr. Trump’s economic priorities are more tax cuts, which would benefit mostly the wealthy, and more tariffs, which will make prices even more unmanageable for the poor and middle class.

Beyond the economy, Ms. Harris promises to continue working to expand access to health care and reduce its cost. She has a long record of fighting to protect women’s health and reproductive freedom. Mr. Trump spent years trying to dismantle the Affordable Care Act and boasts of picking the Supreme Court justices who ended the constitutional right to an abortion.

Globally, Ms. Harris would work to maintain and strengthen the alliances with like-minded nations that have long advanced American interests abroad and maintained the nation’s security. Mr. Trump — who has long praised autocrats like Vladimir Putin, Viktor Orban and Kim Jong-un — has threatened to blow those democratic alliances apart. Ms. Harris recognizes the need for global solutions to the global problem of climate change and would continue President Biden’s major investments in the industries and technologies necessary to achieve that goal. Mr. Trump rejects the accepted science, and his contempt for low-carbon energy solutions is matched only by his trollish fealty to fossil fuels.

As for immigration, a huge and largely unsolved issue, the former president continues to demonize and dehumanize immigrants, while Ms. Harris at least offers hope for a compromise, long denied by Congress, to secure the borders and return the nation to a sane immigration system.

Many voters have said they want more details about the vice president’s plans, as well as more unscripted encounters in which she explains her vision and policies. They are right to ask. Given the stakes of this election, Ms. Harris may think that she is running a campaign designed to minimize the risks of an unforced error — answering journalists’ questions and offering greater policy detail could court controversy, after all — under the belief that being the only viable alternative to Mr. Trump may be enough to bring her to victory. That strategy may ultimately prove winning, but it’s a disservice to the American people and to her own record. And leaving the public with a sense that she is being shielded from tough questions, as Mr. Biden has been, could backfire by undermining her core argument that a capable new generation stands ready to take the reins of power.

Ms. Harris is not wrong, however, on the clear dangers of returning Mr. Trump to office. He has promised to be a different kind of president this time, one who is unrestrained by checks on power built into the American political system. His pledge to be “a dictator” on “Day 1” might have indeed been a joke — but his undisguised fondness for dictatorships and the strongmen who run them is anything but.

Most notably, he systematically undermined public confidence in the result of the 2020 election and then attempted to overturn it — an effort that culminated in an insurrection at the Capitol to obstruct the peaceful transfer of power and resulted in him and some of his most prominent supporters being charged with crimes. He has not committed to honoring the result of this election and continues to insist, as he did at the debatewith Ms. Harris on Sept. 10, that he won in 2020. He has apparently made a willingness to support his lies a litmus test for those in his orbit, starting with JD Vance, who would be his vice president.

His disdain for the rule of law goes beyond his efforts to obtain power; it is also central to how he plans to use it. Mr. Trump and his supporters have described a 2025 agenda that would give him the power to carry out the most extreme of his promises and threats. He vows, for instance, to turn the federal bureaucracy and even the Justice Department into weapons of his will to hurt his political enemies. In at least 10 instancesduring his presidency, he did exactly that, pressuring federal agencies and prosecutors to punish people he felt had wronged him, with little or no legal basis for prosecution.

Some of the people Mr. Trump appointed in his last term saved America from his most dangerous impulses. They refused to break laws on his behalf and spoke up when he put his own interests above his country’s. As a result, the former president intends, if re-elected, to surround himself with people who are unwilling to defy his demands. Today’s version of Mr. Trump — the twice-impeached version that faces a barrage of criminal charges — may prove to be the restrained version.

Unless American voters stand up to him, Mr. Trump will have the power to do profound and lasting harm to our democracy.

That is not simply an opinion of Mr. Trump’s character by his critics; it is a judgment of his presidency from those who know it best — the very people he appointed to serve in the most important positions of his White House. It is telling that among those who fear a second Trump presidency are people who worked for him and saw him at close range.

Mike Pence, Mr. Trump’s vice president, has repudiated him. No other vice president in modern history has done this. “I believe that anyone who puts themselves over the Constitution should never be president of the United States,” Mr. Pence has said. “And anyone who asks someone else to put them over the Constitution should never be president of the United States again.”

Mr. Trump’s attorney general has raised similar concerns about his fundamental unfitness. And his chief of staff. And his defense secretary. And his national security advisers. And his education secretary. And on and on — a record of denunciation without precedent in the nation’s long history.

That’s not to say Mr. Trump did not add to the public conversation. In particular, he broke decades of Washington consensus and led both parties to wrestle with the downsides of globalization, unrestrained trade and China’s rise. His criminal-justice reform efforts were well placed, his focus on Covid vaccine development paid off, and his decision to use an emergency public health measure to turn away migrants at the border was the right call at the start of the pandemic. Yet even when the former president’s overall aim may have had merit, his operational incompetence, his mercurial temperament and his outright recklessness often led to bad outcomes. Mr. Trump’s tariffs cost Americans billions of dollars. His attacks on China have ratcheted up military tensions with America’s strongest rival and a nuclear superpower. His handling of the Covid crisis contributed to historic declines in confidence in public health, and to the loss of many lives. His overreach on immigration policies, such as his executive order on family separation, was widely denounced as inhumane and often ineffective.

And those were his wins. His tax plan added $2 trillion to the national debt; his promised extension of them would add $5.8 trillion over the next decade. His withdrawal from the Iran nuclear deal destabilized the Middle East. His support for antidemocratic strongmen like Mr. Putin emboldened human rights abusers all over the world. He instigated the longest government shutdown ever. His sympathetic comments toward the Proud Boys expanded the influence of domestic right-wing extremist groups.

In the years since he left office, Mr. Trump was convicted on felony charges of falsifying business records, was found liable in civil court for sexual abuse and faces two, possibly three, other criminal cases. He has continued to stoke chaos and encourage violence and lawlessness whenever it suits his political aims, most recently promoting vicious lies against Haitian immigrants. He recognizes that ordinary people — voters, jurors, journalists, election officials, law enforcement officers and many others who are willing to do their duty as citizens and public servants — have the power to hold him to account, so he has spent the past three and a half years trying to undermine them and sow distrust in anyone or any institution that might stand in his way.

Most dangerous for American democracy, Mr. Trump has transformed the Republican Party — an institution that once prided itself on principle and honored its obligations to the law and the Constitution — into little more than an instrument of his quest to regain power. The Republicans who support Ms. Harris recognize that this election is about something more fundamental than narrow partisan interest. It is about principles that go beyond party.

In 2020 this board made the strongest case it could against the re-election of Mr. Trump. Four years later, many Americans have put his excesses out of their minds. We urge them and those who may look back at that period with nostalgia or feel that their lives are not much better now than they were three years ago to recognize that his first term was a warning and that a second Trump term would be much more damaging and divisive than the first.

Kamala Harris is the only choice.

Jill Stein was a spoiler in 2016. She won enough votes in battleground states to enable Trump to win the electoral college, as he was losing the popular vote. She claims to represent the Green Party but her candidacy elected the most anti-environment President in recent memory. Other presidents may have been indifferent to climate change, but Trump aggressively insists it’s a hoax. He even made the bizarre claim that rising tides would create more waterfront property even though the opposite is true.

Now Jill Stein is up to her old tricks.

Politico reports that her third party candidacy is sponsored by GOP donors.

I’m not sure what her goal is but she risks returning Trump to the White House. That must be what she wants.

Adam Wren of Politico wrote:

A Republican-aligned super PAC is sending texts in Georgia telling voters to “Join The Movement For Equality” and vote for Jill Stein — a sign some Republicans believe her candidacy could harm Kamala Harris’ chances in the battleground.

American Environmental Justice PAC, which filed with the Federal Election Committee on Oct. 1, is urging voters to back the Green Party candidate.

The text calls the two parties “a uni-party,” and says “you can count on Jill Stein.” An X user shared a screenshot of one text with a disclosure that it was paid for by American Environmental Justice PAC.

In the group’s sole filing, it reported receiving the entirety of its $35,000 in funding from Lin Rogers of Atlanta. Rogers has donated tens of thousands to Trump, including $12,500 to The Trump 47 Committee, Inc. A call to the phone number listed for the treasurer on the federal filing led to an inoperable number.

The PAC is at least the second pro-Stein, GOP-backed entity of its kind operating in an electoral battleground that has emerged in recent days: CNN reported that Badger Values is backing Stein with robocalls in Wisconsin.

A group of scholars at the Brookings Institution analyzed Project 2025’s proposals for education and their implications.

What struck me as most bizarre about Project 2025 was not its efforts to block-grant all federal funding of schools, nor its emphasis on privatization of K-12 schools. (Block-granting means assigning federal funding to states as a lump sum, no strings attached, no federal oversight).

No, what amazed me most was the split screen between the report’s desire to hand all power over education to states and communities, and the report’s insistence on preserving enough power to punish LGBT students, especially trans students and to impose other far-right mandates, like stamping out critical race theory. You know, either you let the states decide or you don’t. The report wants it both ways.

It’s also astonishing to realize that the insidious goal of the report is eventually abandon federal funding of education. That’s a huge step backward, taking us to 1965, before Congress passed the Elementary and Secondary Education Act, whose purpose was to raise spending in impoverished communities. I essence, P2025 says that decades of pursuing equitable funding “didn’t work,” so let’s abandon the goal and the spending.

Here is the Brookings analysis:

Project 2025 outlines a radical policy agenda that would dramatically reshape the federal government. The report was spearheaded by the right-wing Heritage Foundation and represents the policy aims of a large coalition of conservative activists. While former President Trump has attempted to distance himself from Project 2025, many of the report’s authors worked in the previous Trump administration and could return for a second round. Trump, himself, said in 2022, “This is a great group, and they’re going to lay the groundwork and detail plans for exactly what our movement will do.”

In other words, Project 2025 warrants a close look, even if the Trump campaign would like Americans to avert their gaze.

Project 2025’s education agenda proposes a drastic overhaul of federal education policy, from early childhood through higher education. Here’s just a sample of the Project 2025 education-related recommendations:

  • Dismantle the U.S. Department of Education (ED)
  • Eliminate the Head Start program for young children in poverty
  • Discontinue the Title I program that provides federal funding to schools serving low-income children
  • Rescind federal civil rights protections for LGBTQ+ students
  • Undercut federal capacity to enforce civil rights law
  • Reduce federal funding for students with disabilities and remove guardrails designed to ensure these children are adequately served by schools
  • Promote universal private school choice
  • Privatize the federal student loan portfolio

It’s an outrageous list, and that’s just the start of it.

We’ve reviewed the Project 2025 chapter on education (Chapter 11), along with other chapters with implications for students. We’ve come away with four main observations:

1. Most of the major policy proposals in Project 2025 would require an unlikely amount of congressional cooperation

Project 2025 is presented as a to-do list for an incoming Trump administration. However, most of its big-ticket education items would require a great deal of cooperation from Congress.

Proposals to create controversial, new laws or programs would require majority support in the House and, very likely, a filibuster-proof, 60-vote majority in the Senate. Ideas like a Parents’ Bill of Rights, the Department of Education Reorganization Act, and a federal tax-credit scholarship program fall into this category. Even if Republicans outperform expectations in this fall’s Senate races, they’d have to attract several Democratic votes to get to 60. That’s not happening for these types of proposals.  

The same goes for major changes to existing legislation. This includes, for example, a proposal to convert funding associated with the Individuals with Disabilities Education Act (IDEA) to no-strings-attached block grants and education savings accounts (with, presumably, much less accountability for spending those funds appropriately). It also includes a proposal to end the “negotiated rulemaking” (“neg-reg”) process that ED follows when developing regulations related to programs authorized under Title IV of the Higher Education Act (HEA). The neg-reg requirement is written into HEA itself, which means that unwinding neg-reg would require Congress to amend the HEA. That’s unlikely given that HEA reauthorization is already more than a decade overdue—and that’s without the political baggage of Project 2025 weighing down the process.

The prospect of changing funding levels for existing programs is a little more complicated. Programs like Title I are permanently authorized. Eliminating Title I or changing the formulas it usesto allocate funds to local educational agencies would require new and unlikely legislation. Year-to-year funding levels can and do change, but the vast majority of ED’s budget consists of discretionary funding that’s provided through the regular, annual appropriations process and subject to a filibuster. This limits the ability of one party to make major, unilateral changes. (ED’s mandatoryfunding is more vulnerable.)

In sum, one limiting factor on what an incoming Trump administration could realistically enact from Project 2025 is that many of these proposals are too unpopular with Democrats to overcome their legislative hurdles.

2. Some Project 2025 proposals would disproportionately harm conservative, rural areas and likely encounter Republican opposition

Another limiting factor is that some of Project 2025’s most substantive proposals probably wouldn’t be all that popular with Republicans either.

Let’s take, for example, the proposed sunsetting of the Title I program. Project 2025 proposes to phase out federal spending on Title I over a 10-year period, with states left to decide whether and how to continue that funding. It justifies this with misleading suggestions that persistent test score gaps between wealthy and poor students indicate that investments like Title I funding aren’t paying off. (In fact, evidence from school finance reforms suggests real benefits from education spending, especially for students from low-income families.)

The phrase “Title I schools” might conjure up images of under-resourced schools in urban areas that predominantly serve students of color, and it’s true that these schools are major beneficiaries of Title I. However, many types of schools, across many types of communities, receive critical support through Title I. In fact, schools in Republican-leaning areas could be hit the hardest by major cuts or changes to Title I. In the map below, we show the share of total per-pupil funding coming from Title I by state. Note that many of the states that rely the most on Title I funds (darkest blue) are politically conservative.

[Open the link to see the map.]

Of course, the impact of shifting from federal to state control of Title I would depend on how states choose to handle their newfound decision-making power. Given that several red states are among the lowest spenders on education—and have skimped on programs like Summer EBT and Medicaid expansion—it’s hard to believe that low-income students in red states would benefit from a shift to state control.

What does that mean for the type of support that Project 2025 proposals might get from red-state Republicans in Congress? It’s hard to know. It’s worth keeping in mind, though, that the GOP’s push for universal private school voucher programs has encountered some of its fiercest resistance from rural Republicans across several states.

3. Project 2025 also has significant proposals that a second Trump administration could enact unilaterally

While a second Trump administration couldn’t enact everything outlined in Project 2025 even if it wanted to, several consequential proposals wouldn’t require cooperation from Congress. This includes some actions that ED took during the first Trump administration and certainly could take again.

Here are a few of the Project 2025 proposals that the Trump administration could enact with the authority of the executive branch alone:

  • Roll back civil rights protections for LGBTQ+ students
  • Roll back Title IX protections against sex-based discrimination
  • Dismantle the federal civil rights enforcement apparatus
  • Eliminate current income-driven repayment plans and require higher monthly payments for low-income borrowers
  • Remove protections from predatory colleges that leave students with excessive debt

Federal education policy has suffered from regulatory whiplash over the last decade, with presidential administrations launching counter-regulations to undo the executive actions of the prior administration. Take, for example, “gainful employment” regulations that Democratic administrations have used to limit eligibility for federal financial aid for colleges that leave students with excessive loan debt. A second Trump administration would likely seek to reverse the Biden administration’s “gainful employment” regulations like the first Trump administration did to the Obama administration’s rules. (Then again, with the Supreme Court striking down Chevron, which provided deference to agency expertise in setting regulations, the Trump administration might not even need to formally undo regulations.)

Other Project 2025 proposals, not explicitly about education, also could wreak havoc. This includes a major overhaul of the federal civil service. Specifically, Project 2025 seeks to reinstate Schedule F, an executive order that Trump signed during his final weeks in office. Schedule F would reclassify thousands of civil service positions in the federal government to policy roles—a shift that would empower the president to fire civil servants and fill their positions with political appointees. Much has been written about the consequences of decimating the civil service, and the U.S. Department of Education, along with other federal agencies that serve students, would feel its effects.

4. Project 2025 reflects a white Christian nationalist agenda as much as it reflects a traditional conservative education policy agenda

If one were to read Project 2025’s appeals to principles such as local control and parental choice, they might think this is a standard conservative agenda for education policy. Republicans, after all, have been calling for the dismantling of ED since the Reagan administration, and every administration since has supported some types of school choice reforms.

But in many ways, Project 2025’s proposals really don’t look conservative at all. For example, a large-scale, tax-credit scholarship program would substantially increase the federal government’s role in K-12 education. A Parents’ Bill of Rights would require the construction of a massive federal oversight and enforcement function that does not currently exist. And a proposal that “states should require schools to post classroom materials online to provide maximum transparency to parents” would impose an enormous compliance burden on schools, districts, and teachers.

Much of Project 2025 is more easily interpretable through the lens of white Christian nationalism than traditional political conservatism. Scholars Philip Gorski and Samuel Perry describe white Christian nationalism as being “about ethno-traditionalism and protecting the freedoms of a very narrowly defined ‘us’.” The Project 2025 chapter on education is loaded with proposals fitting this description. That includes a stunning number of proposals focused on gender identity, with transgender students as a frequent target. Project 2025 seeks to secure rights for certain people (e.g., parents who support a particular vision of parental rights) while removing protections for many others (e.g., LGBTQ+ and racially minoritized children). Case in point, its proposal for “Safeguarding civil rights” says only, “Enforcement of civil rights should be based on a proper understanding of those laws, rejecting gender ideology and critical race theory.”

These types of proposals don’t come from the traditional conservative playbook for education policy reform. They come from a white Christian nationalist playbook that has gained prominence in far-right politics in recent years.

At this point, it’s clear that the Trump campaign sees Project 2025 as a political liability that requires distance through the election season. Let’s not confuse that with what might happen during a second Trump administration.

I have been puzzling over this question since the Democratic National Convention.

Like most people, I didn’t know much about Kamala Harris when she became Vice President. Now that I have seen her speak, now that I saw her debate Trump, I feel very energized to support her campaign for the Presidency.

She is smart, well informed, experienced, committed to the U.S. Constitution and the rule of law. She is thoughtful and composed. She laughs, she smiles, she seems like a kind and thoughtful person. She is well prepared for the presidency, having won election as the District Attorney of San Francisco, as Attorney General of the State of California, as U.S. Senator from California, and as Vice-President of the United States since Joe Biden and she were elected in 2020.

Her opponent is a bundle of equal parts narcissism and hatred. He likes men. He likes white men. He likes to play tough guy. He looks on women as sex objects and feather heads. He doesn’t respect women.

He is crude, vulgar, without a shred of the dignity we expect from a president. The language he uses to ridicule and insult others is vile.

He is a racist, a misogynist, a xenophobe, and a Christian nationalist (without being a practicing Christian).

He is a sexual predator. He is known for not paying people to whom he owes money for services rendered. He has gone through six bankruptcies.

He is ignorant. His former aides say he has never read the Constitution. He is driven by his massive ego. He wants everyone to say he’s the best, the greatest, and there’s never been anyone as great as him.

He is a convicted felon, convicted on 34 counts of business fraud in New York. He was found guilty by a jury in New York of defaming E. Jean Carroll, who accused him of sexually assaulting her many years ago. He was ordered to pay her more than $90 million for continuing to defame her. That judgment is on appeal.

Other trials are pending.

When he lost the 2020 election, he refused to accept his defeat. He schemed to overturn the election by various ploys. He summoned a mob of his fans to Washington on January 6, 2021, the day that Congress gathered for the ceremonial certification of the election. Trump encouraged them to march on the U.S. Capitol, “peaceably….(but) fight like hell.” They did fight like hell. They battered their way into the Capitol, smashing windows and doors, beating law officers, vandalizing the building and its offices, while hunting for Vice President Mike Pence and Speaker Nancy Pelosi. The outnumbered law officers held them off to protect the members of Congress. Many of them were brutally beaten. Some later died. What if the mob had reached the members of Congress? What if they had captured Pence and Pelosi?

It was the most shameful day of our national history. A President encouraging a mob to sack the Capitol and overturn the Constitution.

Ever since that disgraceful day, Trump has reiterated that the election was stolen from him, even though it wasn’t close. He has undermined faith in the electoral process, faith in the judiciary, faith in the law.

These are the two candidates: Kamala Harris and Donald Trump.

Why is this election close?

It’s clear that billionaire Jeff Bezos told the editorial board not to publish its editorial endorsing Kamala Harris. The editorial was already written, and Bezos stopped it. The order came down through Will Lewis, whom Bezos hired away from Rupert Murdoch’s rightwing publishing empire.

No one knows Bezos’s reason or reasons. He has said nothing. Lewis released a statement pretending that the censorship of the editorial board by the owner was an act of high principle. As editor Ruth Marcus wrote, had the decision been announced a year ago, it would have had at least the patina of principle. Coming as it did only days before the election, the decision seems craven and unethical.

This is what 17 of the Post’s opinion writers said in response.

The Washington Post’s decision not to make an endorsement in the presidential campaign is a terrible mistake. It represents an abandonment of the fundamental editorial convictions of the newspaper that we love. This is a moment for the institution to be making clear its commitment to democratic values, the rule of law and international alliances, and the threat that Donald Trump poses to them — the precise points The Post made in endorsing Trump’s opponents in 2016 and 2020. There is no contradiction between The Post’s important role as an independent newspaper and its practice of making political endorsements, both as a matter of guidance to readers and as a statement of core beliefs. That has never been more true than in the current campaign. An independent newspaper might someday choose to back away from making presidential endorsements. But this isn’t the right moment, when one candidate is advocating positions that directly threaten freedom of the press and the values of the Constitution.

Karen Attiah
Perry Bacon Jr.
Matt Bai
Max Boot

Kate Cohen
E.J. Dionne Jr.
Lee Hockstader
David Ignatius
Heather Long
Ruth Marcus
Dana Milbank
Alexandra Petri
Catherine Rampell
Eugene Robinson
Jennifer Rubin
Karen Tumulty
Erik Wemple

Will Saletan writes for The Bulwark that Trump is openly, blatantly running as a fascist. In recent days, Trump has babbled on about his intention to break all the norms of American leadership. He will use his power to punish people who have challenged him. They are not his “opponents,” they are his “enemies.”

He begins:

DONALD TRUMP IS RUNNING THE MOST openly fascist campaign ever undertaken by a major-party nominee for president of the United States.

That’s not hype; it’s a textbook application of the term. In 2021, Trump used violence to try to overturn an election; in 2022, he called for terminating the Constitution. Now, on the brink of returning to power, Trump is reaffirming his intent to take America deeper into autocracy.

Here are some of the threats and declarations he has issued in the past three months.

1. He says he’s legally immune to all current charges against him.

Four grand juries have indicted Trump on felony charges, and one jury has convicted him. But on August 15, Trump boasted that “the Supreme Court ruled recently on immunity, and I’m immune from all of the stuff that they charge me with.”

2. He claims the right to do whatever he wants as president.

On August 21, Trump asserted (falsely) that the criminal case against him for obstructing recovery of classified documents was invalid because “I had the Presidential Records Act. I had a right to do whatever I wanted to do.”

3. He advocates “one really violent day” of police action.

On September 29, Trump called for police violence against people who appear to be stealing from drug stores or department stores. He proposed an “extraordinarily rough” response: “One real rough, nasty day, with the drugstores as an example,” in which police would take on people who “start walking out with” merchandise. “If you had one really violent day,” said Trump, “one rough hour, and I mean real rough—the word will get out, and it will end immediately.”

4. He vows to indemnify police against “any prosecutions” for doing what he wants.

On October 11, Trump pledged to “indemnify” police officers against any prosecutions” for actions undertaken as part of his planned mass deportations. The next day, he added that when officers confront people walking out of department stores with what appear to be stolen goods, “we’re going to indemnify them against any problems they have.”

The fascists win by dividing the opposition. So join the best pro-democracy community on the internet by becoming a Bulwark+ member.

5. He threatens to use the military against “the enemy within.”

Trump says the New York Times, the Washington Post, “the press” generally, and Democratic politicians such as Rep. Adam Schiff are part of the “enemy from within” America.

On October 10, in a Fox News interview, Maria Bartiromo asked Trump whether criminals or terrorists from abroad might pose a threat to the United States on Election Day. Trump told her that “the bigger problem is the enemy from within,” not foreigners. “We have some sick people, radical-left lunatics,” said Trump. “And it should be very easily handled by—if necessary—by National Guard. Or, if really necessary, by the military.”

Later in the interview, Trump made it clear that the “lunatics” he was talking about included Democratic politicians. Bartiromo asked Trump how, as president, he would “guard against the bureaucrats undermining you.” Trump repliedthat “the enemy from within,” including “lunatics that we have inside like Adam Schiff,” was “more dangerous than China [or] Russia.”

Last Wednesday, another Fox News host, Harris Faulkner, invited Trump to clarify his meaning. He responded by adding former House Speaker Nancy Pelosi to the list. “It is the enemy from within, and they’re very dangerous. They’re Marxists and communists and fascists, and they’re sick,” said Trump. “The Pelosis, these people—they’re so sick, and they’re so evil.”

6. He says some of his political opponents shouldn’t be allowed to run for office.

On August 23, Trump said that Ruben Gallego, the Democratic nominee for U.S. Senate in Arizona, “shouldn’t be allowed to even run in this election.” On September 27, he added, “Anybody that wants to defund the police is not qualified and shouldn’t be allowed to even run for president.” On September 28, he declared that due to Kamala Harris’s border policies, “she shouldn’t even be allowed to run.”

7. He says he could have jailed Hillary Clinton.

On August 8, Trump boasted, “With Hillary Clinton, I could have done things to her that would have made your head spin.” On August 15, he said he could have jailed Clinton “very easily.” On August 21, he repeated, “I could have put her in jail.”

In an interview that aired on September 3, podcaster Lex Fridman asked Trump about the temptations of the presidency. “If you become leader again, you’ll have unprecedented power,” said Fridman. “What does that power do to you? Is there any threat of it corrupting how you see the world?”

Trump responded by bragging that he could have jailed Clinton but had spared her. “I could have done a big number on Hillary Clinton,” he said. “She’s so lucky I didn’t do anything. She’s so lucky. . . . I could have done something very bad.”

Donald Trump is an ignorant, narcissistic sociopath.

Marta W. Aldrich reported in Chalkbeat that Governor Bill Lee will make universal vouchers his top priority in education this coming year. Tennessee currently has a voucher program that is limited to three urban districts and is not fully enrolled. The Governor, who is a graduate of public schools, wants all students, rich and poor alike, to have a public subsidy to pay for private and religious schooling.

Republicans have made universal vouchers a high priority, knowing that it will drain students and funding from their local public schools.

Governor Lee’s effort to pass universal vouchers failed last year because of opposition by urban Democrats and rural Republicans. However, some of the Republican opponents were defeated with the help of out-of-state money spent to elect voucher-friendly Republicans who were willing to undercut their local public schools.

The extremist Republicans were funded by an organization called 1776 Project PAC, whose purpose is to elect school boards who will oppose “woke” policies and support privatization. Its leader is a GOP operative named Ryan James Gidursky. Here is a video where he discusses “the Marxist takeover of America’s schools.” Check out the merchandise on their website, which says more about their purposes than the other parts of the website. The 1776 Project PAC was funded by a rightwing billionaire, Richard Uihelein, who wants to destroy public schools because they are “woke.”

From what we already know about vouchers, we can predict that the great majority of them will be used by affluent families whose children are already enrolled in nonpublic schools. In his recently published book, The Privateers, Josh Cowen of Michigan State University has shown that the low-income students who transfer to nonpublic schools do not make academic gains and frequently experience “catastrophic” declines in their outcomes.

A new universal school voucher proposal will be the first bill filed for Tennessee’s upcoming legislative session, signaling that Gov. Bill Lee intends to make the plan his No. 1 education priority for a second straight year.

Senate Majority Leader Jack Johnson said this week that he’ll file his chamber’s legislation on the morning of Nov. 6, the day after Election Day. He expects House Majority Leader William Lamberth will do the same.

The big question is whether House and Senate Republican leaders will be able to agree on the details in 2025. The 114th Tennessee General Assembly convenes on Jan. 14 as Lee begins his last two years in office.

During the 2024 session, the governor’s Education Freedom Scholarship proposal stalled in finance committees over disagreements about testing and funding, despite a GOP supermajority, and even as universal voucher programs sprang up in several other states….

Similar to last year’s proposal, the new bill would provide about $7,000 in taxpayer funds to each of up to 20,000 students to attend a private school beginning next fall, with half of the slots going to students who are considered economically disadvantaged. By 2026, all of Tennessee’s K-12 students, regardless of family income, would be eligible for vouchers, though the number of recipients would depend on how much money is budgeted for the program.

“This story was originally published by Chalkbeat. Sign up for their newsletters at ckbe.at/newsletters”.

ProPublica published a story about which families benefit from Arizona’s universal voucher program. It is not low-income families.

The state’s so-called Education Savings Accounts (or Empowerment Scholarship Accounts) were enacted by the Legislature in 2011. Whatever they are called, they are vouchers, which violate Arizona’s Constitutional ban on public funds for religious schools. They initially contained restrictions as to which students qualified to receive a voucher. The usual claim for vouchers was that they would “save poor kids from failing public schools.” However, that never happened.

From the start, the Republicans in control wanted vouchers for all students, not just those from low-income families. Even though there was a state referendum in which voters overwhelmingly rejected voucher expansion in 2018, the Legislature ignored the vote and passed universal vouchers in 2022. Any student, whatever their family income, is entitled to use public money for tuition in a private or religious school or for home schooling.

The result: few students from low-income families use vouchers.

The article in ProPublica explains why.

Vouchers don’t cover the cost of most private schools.

Most private schools are not located in low-income neighborhoods.

Low-income families can’t afford the cost of transportation to and from private schools.

In Arizona, as in other states, most students who take vouchers were already enrolled in no public schools. Their parents can afford to pay the tuition. Now the state subsidizes them. And in many cases, the schools raise their tuition in response to the state subsidy.

As we have seen over the past two years, Trump has used his legal team to delay, delay, delay, with the hope of eventually getting a sympathetic judge who will dismiss the case against him. That is what happened in Florida, where Trump-appointed District Court Judge Aileen Cannon threw out the entire case about Trump’s theft of documents. The reason: She believes that Special Counsel Jack Smith’s appointment was unconstitutional. She is the first federal judge to reach this conclusion. Many other judges and legal scholars have reached the opposite conclusion and found the appointment of special counsels to be constitutional. Her decision has been appealed by prosecutors.

Yesterday, Obama-appointed District Court Judge Tanya Chutkan dismissed most of Trump’s requests to “discover” more government documents that might show that his actions on January 6, 2021, were necessary.

The Meidas Report summarized her decision:

In a significant legal setback for Donald Trump, U.S. District Judge Tanya Chutkan issued a detailed ruling on his latest discovery requests in the 2020 election subversion case, dismissing most of his demands as speculative and unsupported by law. Trump had sought to compel the federal government to search for and produce a broad array of documents related to election interference, cybersecurity threats, and law enforcement actions connected to the January 6th attack on the U.S. Capitol.

In this article, we will succinctly analyze Judge Chutkan’s latest ruling and its implications on Trump’s election interference case. To read our full analysis below, please join as a paid subscriber to support our work.

Let’s get into it:

The ruling, issued today (October 16, 2024), addressed two key motions filed by Trump’s defense team: a Motion to Compel Discovery and a Motion for an Order Regarding the Scope of the Prosecution Team. In these motions, Trump’s lawyers asked the court to force the federal government to search nine government agencies for information across 14 categories, including classified intelligence assessments and communications about foreign election interference. Trump’s defense argued that this information would support his claim that his actions were based on legitimate concerns about election security.

Judge Chutkan, however, found that Trump’s requests were largely unsupported by the law. She pointed out that under both Brady v. Maryland and Federal Rule of Criminal Procedure 16, defendants bear the burden of demonstrating that the requested materials are material to their defense. “Speculation” that the government might possess favorable evidence is not enough to justify an expansive search, Chutkan noted, and Trump had failed to show that the requested documents were likely to yield new, non-cumulative evidence.

For example, Trump sought all drafts and communications related to the 2020 Election Intelligence Community Assessment (ICA), claiming that these documents would help demonstrate his “good faith” concerns about foreign interference. But Chutkan rejected this request, noting that Trump did not claim to have been aware of these drafts at the time of his indicted actions. Without showing that this information could have influenced his state of mind, Trump could not meet the standard of materiality required for discovery.

Judge Chutkan also denied Trump’s request for communications and drafts of the Cybersecurity and Infrastructure Security Agency (CISA) statement, which had described the 2020 election as “the most secure in American history.” Trump argued that earlier versions of the statement might show narrower language that would support his defense, but the court found this request speculative and irrelevant to Trump’s intent at the time.

Trump did win a limited victory in his request for certain “discrete, identified” documents, which Judge Chutkan ruled the government must produce. However, these documents represented only a small portion of Trump’s overall requests. The ruling emphasizes that Trump’s legal strategy cannot rely on vague or speculative claims of what might be found in government records.

Chutkan’s ruling further solidifies the challenges Trump faces as he prepares his defense in the federal criminal case. Trump’s argument that his state of mind was shaped by legitimate concerns about election integrity appears increasingly difficult to substantiate, as the court continues to limit the scope of discovery to concrete and relevant evidence.

Judge Chutkan’s Conclusion and Order

This ruling follows a pattern in which courts have resisted attempts by Trump’s legal team to broaden the scope of discovery in various legal challenges. Chutkan’s decision reiterates the principle that discovery is not an unlimited right and must be grounded in specific, demonstrable need.

With the court setting an October 30 deadline for any further motions to compel discovery, the Trump defense team will need to reconsider their approach as the case moves toward trial. Judge Chutkan’s decision is another indication that Trump’s claims, both inside and outside the courtroom, face serious judicial scrutiny.