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The Bulwark: Biden Should Release Jack Smith’s Report: All of It

By dianeravitch
January 10, 2025 //
10

As of now, Attorney General Merrick Garland says he will release the part of Jack Smith’s report about Trump’s actions on January 6, but will not release the report about Trump’s retention of documents.

The Trump team is in court trying to block even that partial, redacted part of Smith’s findings.

But doesn’t the public have the right to know the results of Smith’s investigations. Once Trump is in office, his Justice Department will suppress the report. It will never be released. It may be destroyed.

Jonathan V. Last, editor of The Bulwark, offered a brilliant solution.

Biden should release the entire report, in the service of the public’s right to know. Biden would be criticized by Trump and his acolytes, but that’s nothing new.

As President, Biden has absolute immunity for any actions he takes in his official capacity.

Will Biden play by the new rules or continue to be a nice guy?

Last writes:

I want to talk about all of the Trump insanity. I want to talk about his insistence on “taking” Greenland. And the Panama Canal. And making Canada a U.S. state. And renaming the Gulf of Mexico the “Gulf of America.”

But guess what: Trump wants us to talk about this bs. He’s trying to dominate the news cycle, get attention, and keep the public talking about nonsense instead of the important story.1 So let’s not do that here?2

Instead, let’s talk about Jack Smith’s report. Because Democrats are poised to let Trump win again because they’re still playing by 2015 rules.

This week Trump’s legal team petitioned the attorney general not to release Smith’s report.

The chutzpah of these guys is off the charts. Because they aren’t saying, “The report should not be released.” At least that would be an argument.

No, Trump’s legal rationale is that the decision of whether or not to release the report should rest with . . . the next attorney general.

The icing on the cake is that they’re making this petition to Merrick Garland, who has some personal experience with Republicans denying a sitting Democratic administration the ability to execute governing decisions.

Fork. That. Noise.

Perhaps understanding how silly this petition is, Judge Aileen Cannon came off the bench (so to speak) to try to force Garland not to release the report. She issued an order forbidding the attorney general of the United States from publishing a report that federal regulations authorize him to publish when it’s “in the public interest.”

What authority does Judge Cannon have over the attorney general in this instance? Why is the publication of a government report in Washington under her purview in Florida, especially since, as Kim Wehle points out this morning, the case is no longer in her hands? And, most importantly, Smith’s report covers his two prosecutions and Cannon was formerly overseeing only one of those cases—so on what basis is she enjoining a report that covers another judge’s case in another jurisdiction?

These are questions we don’t need to answer because Cannon has proven herself to be nothing more than a naked political actor. Her conduct has been so egregious that Ty Cobb referred to her yesterday as Trump’s “tool” and said, “He [Trump] gets the results he needs from her.”

Reminder: Ty Cobb is not a resistance lib; he does not have TDS. He’s a conservative Republican who served as Trump’s own White House counsel. When one of the most important Republican lawyers in the country thinks a judge is cartoonishly crooked, that’s saying something.

Now you understand why Trump dispatched his kid and Charlie Kirk to Greenland yesterday for photo ops? Better to focus on a stunt than on Trump’s total corruption of the justice system. 

2. Fear

Why are Trump and Cannon so desperate to prevent the special counsel’s report from coming out? Trump won. He’s going to be president. They’ve gotten everything they wanted.

Perhaps because Trump’s lawyers recently reviewed the final draft of Smith’s report. They’ve seen what’s in it. If it were a nothingburger—or if it was TOTAL EXONERATION—they’d want it public.

Surely that means something?

Smith’s report should be public. As a matter of tradition (all previous special counsel reports were published) and also as a matter of morality. The country should have a permanent record of Trump’s once-allegedly-criminal actions.

But also as a matter of politics. Remember: 2025 is the year of maximum peril. Every day that can be chewed up forcing the administration to fight on a topic they fear is a day they lose in pursuit of their authoritarian agenda. You would not know it from their current posture, but the Democrats are actually the opposition party. They have a duty to oppose Trump, on all fronts, and inflict political pain wherever they can.

It is not clear that the Democratic party, as an organism, understands this reality. And so the final reason for making Smith’s report public by any means necessary is to force Democrats to come to terms with the new rules of American government.

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Government officials are now bound by the law—and only the law. The Republican party has worked hard to create this new order and has spent the last eight years exploiting this dynamic while Democrats have operated under the political arrangements that existed from, roughly speaking, 1974 to 2015.

The law says that Aileen Cannon’s injunction can, at least temporarily, halt the transmission of Jack Smith’s report.

But the law also says that any action a president takes as part of his official duties is, prima facie, legal. This was not formerly the case, but it is now. So if President Biden were to publish the report this afternoon in violation of Judge Cannon’s order, he would do so with total immunity.

Or, if the attorney general were to publish the report, putting himself at risk of being held in contempt of court, he could be pardoned by President Biden. That would all be perfectly above-board.

Yet, amazingly, Biden and Garland seem to still be in 2015 mode. 

This morning Garland made clear, in a Justice Department court filing, that he intends to publish the volume of Jack Smith’s report concerning the insurrection case, but will hold back on the volume relating to the classified documents.3

Which means that, unless President Biden acts, it is unlikely that the public will ever see the section of Smith’s report that pertains to the stolen documents case.4 Garland will not publish the volume related to that case. Which probably means that this second volume will never see the light of day.

Can you believe this? Can you believe that, in 2025, Biden and Garland are still operating under Queensberry rules, where nonbinding precedents are controlling and everyone stays hands-off the process? That they are willing to let Trump off the hook again?

Let’s be totally and completely clear: President Biden should publish both volumes of Smith’s report before leaving office. Doing so would serve the public interest and—most importantly—would be legal. Because, as an official action of a sitting president, it falls under the Supreme Court’s blanket of immunity.

Joe Biden didn’t make these rules; but like it or not, the country is now governed by them.

Unilateral disarmament is for suckers and hippies.

Categories Accountability, Biden, Democracy, Elections, Justice, Trump

The GOP Won the House Thanks to Gerrymandering

By dianeravitch
January 10, 2025 //
5

Michael Waldman of the Brennan Center for Justice demonstrates that Republicans won control of the House thanks to gerrymandering. Legislatures in red states drew districts that were designed to favor members of their party.

In other words, they rigged the elections.

Democrats have also gerrymandered districts to win seats, but never as methodically or as systematically as Republicans.

He wrote:

Many things propelled Donald Trump’s election victory. Inflation. A worldwide anti-incumbent backlash. Anger at institutions. A swing to the right among working-class voters of all racial backgrounds. And more. Analysts are still chewing on all the data (and Democrats are chewing on each other).

As we sift through the results and look forward, Republican control of the House of Representatives will matter greatly. That control is very, very narrow. And it turns out to rest on a shaky foundation of gerrymandering and manipulated maps, all encouraged by the Supreme Court.

The last time a new president took office without a “trifecta” of House and Senate control was 35 years ago. But this will be the slimmest House majority on record. With yesterday’s announcement by Indiana Rep. Victoria Spartz that she will not participate in the Republican caucus, control may effectively come down to one vote.

And according to my colleague Michael Li in a new analysis, Republicans won a net 16-seat advantage due to manipulated maps drawn for party advantage. (Democrats garnered an edge in 7 seats through gerrymandering, but the GOP gained a total of 23 seats that way — hence, 16 seats.)

How did this skew happen? Simply, Republican legislators control the drawing of many more districts than Democrats do. In some states, nonpartisan commissions or state courts have actually produced fairer maps. But in most places, politicians are free to press for partisan advantage.

North Carolina is split relatively evenly between Republican and Democratic voters. This year, Trump won the state even as Democrat Josh Stein swept into the governor’s mansion. However, the heavily gerrymandered legislature drew congressional maps that produced 10 seats for Republicans and only 4 for Democrats. The state high court had blocked the gerrymander, a move upheld by the U.S. Supreme Court in Moore v. Harper. But then a judicial election shifted partisan control of the North Carolina court, which abruptly blessed the gerrymander it had previously banned. That judicial reversal alone gave the GOP an extra 3 seats in Washington — enough to control the House.

Today Republicans are strutting, but that swagger may not last long. Speaker Mike Johnson will have to manage a fractious majority that could be defeated by one or two defections. Individual members will be empowered to extort policy concessions, no matter how extreme.

In fact, what may matter even more than the gerrymandered seats is the collapse of electoral competition. Only 27 districts nationwide saw margins of less than 5 percent. Lawmakers will look more nervously at the prospect of primary challenges than at the risk of alienating the broad mass of persuadable voters.

It did not have to be this way. In 2013, the Supreme Court gutted the Voting Rights Act, which had prevented the most egregious gerrymanders along racial lines. Then in 2019, John Roberts led the justices to rule that federal courts could not police partisan gerrymandering at all.

Congress has the power to act, and in 2022 it tried — coming within two Senate votes of passing the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act, which together would have barred gerrymandering for congressional seats nationwide. Both parties would have been forced to compete on a level field. (This legislation would also have undone other damage wrought by rulings such as Citizens United, which legalized the campaign system that saw Elon Musk spend a quarter of a billion dollars to help elect Trump.)

All this is a reminder that the rules of American politics, often arcane, often hidden, bear tremendous weight. It should caution us from drawing too many conclusions about any recent victor’s supposed “mandate.”

Voters are mad as hell about a government they feel does not deliver for them. Rigged rules are a big part of why Washington too frequently does not work. Partisans must do more than battle for inches of advantage. To truly reconnect the seats of power to a sullen electorate, real reform and real competition must be part of the answer.

Categories Elections, Ethics, Extremism, Fraud, Republicans

Sherrilyn Ifill: How to Survive in the New Trump Era

By dianeravitch
January 10, 2025 //
12

Sherrilyn Ifill is a veteran civil rights litigator and one of the most thoughtful leaders of the democratic resistance to authoritarianism. She is a former President of the NAACP Legal Defense Fund.

In this post, she offers sound advice about how to survive until the next election (in 2026) and then in 2028). Never give up!

She writes:

Sherrilyn Ifill

Anything and Everything Beautiful

In one of the most important and climatic scenes in the 2006 film Titanic, Rose and her beau Jack are holding on as they stand on tiptoe outside the rails of the upside down ship. As the ship begins its final, rapid descent into the dark, cold waters of the Atlantic, Jack tells Rose, “This is it.” They have received instructions from the ship’s architect on how they might survive once they are in the water. They are both clear about the goals: survive and stay together.

This feels like the moment this country faces as we approach Trump 2.0. In just a few short weeks Donald Trump will return to the White House, bringing with him a coterie of some of the most incompetent and vile miscreants to serve in some of the highest and most consequential civil positions in our government. Their intentions are clear. Their penchant for lies and targeting has already been on display. Their ham-fisted approach to governance is clumsy, cruel, and unethical, but that won’t stop it from being effective. They are prepared to fight battles small and large. With the wind of a conservative Supreme Court and Republican-controlled Congress at their backs, Trump and his team are feeling bold and unstoppable. The outcome seems clear.

But like Rose and Jack, we have goals as well. To survive personally and nationally, with the remnants of democracy still in place so that we have a platform on which to build a new, stronger, healthier democracy. Our other goal is to stay together. We can and must do both.

The greatest obstacle to our fight to survive as a democracy (even a deeply flawed one) and to hold together a semblance of unity among those who believe in the fight for equality and justice in this country, is the inclination to give up – to believe that Trump’s plans cannot be stopped. I agree that they cannot be stopped in total. But I do believe that they can be upended in part, and we must use what powers we have to thwart as many of his harmful policies and plans as we can. It’s also critical for us to play for the future and not just for the present moment. That means it matters that we make a record – a record of Trump’s excesses and lies, but also of police, prosecutor, and judicial misconduct, of corruption – documents and money exchanged, of quid pro quos, and of collaboration with foreign enemies.

Many of us are fighting powerful exhaustion and an ongoing measure of shock that this giant, seemingly unsinkable state-of-the-art democracy (however flawed) can really be about to sink. That exhaustion and disbelief can lead to paralysis, something we can ill afford. I’m reminded that the first thing Jack and Rose did was take deep breaths before holding one long breath as the ship descended. And we must do the same. First pulling in as oxygen those things that nourish us and keep us going. I have encouraged people to lean-in to art, and nature and family and spiritual practice. Establishing a regimen of these things that you will engage and absorb regularly over the next four years is critical. An exercise schedule, morning meditation or prayer, monthly museum visits or concerts, a book club, monthly family dinners, Netflix nights, leaning into your favorite sports team. All of this can help ensure that you are regularly oxygenated throughout what I can guarantee will be moments that will take our breath away in their cruelty and audacity.

Lastly, like Jack and Rose, hold hands. Stay connected to our cohort of democratic survivors. Those determined to make it to shore. There’s room on the floating door for more than one if we don’t panic and if we understand that our fate is inextricably linked to those who share our vision for democracy, justice and equality.

Generosity and encouragement will be key. Our hands may come apart from time to time, but we can still stay close. Fight those who are opposed to democracy, equality and justice. Not those who are your allies. You can disagree with your allies. Correct them, edify them, firmly push back against them when necessary. But try to reserve your fight for your opponents. 

Once we’ve established our oxygen routine, we will have to focus. There will be many things competing for our attention. But we must decide what are the things or areas to which we’ve committed ourselves. We cannot exhaust ourselves. There are civil rights and civil liberties organizations ready to file suit. Support them. There are representatives in Congress who know the rules and are ready to resist the excesses of the Republicans. We don’t have to do their work – but we must support them.

But there is work for every citizen to do. When your friends or family members get tired, and start thinking we can’t survive this, give them the number to call their Senator or House member. Remind them that it matters. And remind yourself. Never make it easy for those in power to trample our rights. Make them hear your voices, no matter what. Speak, write, call, march. If we stop doing those things, it won’t be long before we no longer remember where the line is for decency, truth, justice and democracy.

There’s another reason it matters. Remember that the fear of losing their jobs is the prime motivator of most elected representatives, and they are in constant fear that they have lost sight of which way the wind is blowing. The 2022 midterms loom large, and Republicans remain in disarray. They too, are exhausted just from trying to keep up with what Trump, or Musk have ordered in their most recent tweets.

So when you call, leave messages, send texts and emails, send postcards and letters. Trust me – they worry, and they waver. And if you are blessed to have terrific representatives, then they need the encouragement and the reminder of who they are fighting for. We must call our our elected representatives when they do wrong, but we must also pat them on the back when they do right.

Get engaged locally. Go with a friend or family member to the next school board meeting. Showing up at city council meetings. Visit your library as a way of showing your community who you are, and that you care. Do not cede the space to your opponents. They win whenever we fail to show up. Our presence is powerful and destabilizes the sense that we are intimidated. This is especially important if you live in a blue state or district. We need to hold the spaces, cities and states we have.

When you reel your resolve flagging, look at your children, your young cousin, your niece, or nephew and ask yourself if you are too intimidated to protect their future. If the answer is no, then act like it. Enter the space that is yours. Decide that in 2025 you will be come an active citizen, not an observer.

For my friends in media, many of you are already failing this preliminary moment. Tighten up your language. Stop conceding the rationality of things that are fundamentally irrational and the legality of things that are illegal. Musk and Ramaswamy are leading at best a “project on government accountability.” Maybe and “ad hoc committee” or study group. It is not a “Department” which is a legal term for federal agencies. The creation of federal departments requires an Act of Congress, not the mere whim of a president-elect and his benefactor. Think “Department of Homeland Security.” There is no “Department of Government Efficiency.” And if giving legal imprimatur to this ad hoc initiative is not reason enough to refrain from referring to it as DOGE, engaging in cost-free advertising for Elon Musk’s cryptocurrency (called DOGE) should be reason enough.

Restore your obligation to help your readers understand what is out-of-the-ordinary and antidemocratic. Trump’s stated plans to seize the Panama Canal, to make Canada the 51st state, and to “buy” Greenland is not “Trump being Trump.” It is not a “policy plan.” And it is certainly not an “approach to diplomacy.” If you had 11th grade social studies you know that it reflects imperialist ambitions, that it is an act of hostility towards those nations, and that is destabilizing to those nations, their people, and their markets. Report on it as such. Trump is the President-elect. When he makes these kinds of threats they should be treated seriously and presented as the threat they constitute. This is not normal behavior. It could and may yet lead to trade wars or armed conflict.

It is also critical that the media compel elected representatives to stand with or against Trump’s most excessive plans. I would have expected a responsible press to be camped outside of Senator Marco Rubio’s house who, as Trump’s Secretary of State nominee, would be charged with handling the fallout from Trump’s intemperate and menacing threats against sovereign nations. What are his views about Trump’s stated plan to seize the Panama Canal? There is a pretty healthy Panamanian American population in Florida. What is Rubio saying to that community?

The Matt Gaetz ethics report was an explosive revelation. Seems long ago. He has moved on to prime-time show on OANN. That does not mean the press should move on. This is the man Trump wanted as Attorney General – to represent the United States and lead the largest law enforcement force in the world. His selection of Gaetz is, in and of itself, disqualifying. But he has yet to be pressed on the Gaetz report and what he knew about it. If he didn’t know then he didn’t do basic due diligence before selecting a nominee. If he did, well then, the Senate has no reason to give any Trump nominee the benefit of the doubt -something one might remind those Democratic senators who have announced their willingness to consider voting for RFK, Jr. as HHS Secretary.

The public doesn’t sustain its outrage because the news moves on to something else. Stop letting Trump set the news cycle. Your job is to keep the citizenry educated so that we can make good decisions. Trump’s election is evidence that this has failed. But it’s never too late to do better.

And don’t forget the anti-democratic excesses that are happening around the country, and not just on Capitol Hill. What about ongoing attacks against Black women elected prosecutors in Florida? https://www.wftv.com/news/local/polk-county-grand-jury-investigating-monique-worrells-administration-days-before-swearing-in/276H52VRO5GWNDR53GBPA7LOTQ/ The theft of power from democratic governors by Republican legislatures. https://www.npr.org/2024/12/12/g-s1-37837/north-carolina-gop-lawmakers-governor Ongoing police racism and brutality? The catastrophic humanitarian crisis in our nation’s prisons. These are all threats to the integrity of democracy in this country as much as Trump. Cover these stories more prominently, so that the public can understand that the threats are not limited to those on Capitol Hill and can engage at the local level.

For all of us, even when the media fails, we are still obligated to stay informed. Start following the terrific lawyers, journalists, activists, and writers who have shown that they have the ability to meet the moment and who can share with you information you are unlikely to get other places.

Faith leaders who believe in democracy and justice? There’s work for you to do, and it is urgent. Now is the time to reach out to your local police precinct captains. Make sure they know who you are. Ask for a cell number where you can reach them. Invite them to your places of worship and let them know what you expect. When and if we see our neighbors being targeted, taken away by ICE or other law enforcement, faith leaders should be on-call for their communities, with a direct high level point of contact to find out where individuals have been taken and how they can be reached. Let your local police know that you expect humane treatment of arrestees and detainees.

Finally, we all end the year with a little less money than we would like but make a decision once your finances stabilize about which two or three public, non-profit sources of information or advocacy you will support. PBS? Democracy Now? Pro Publica? Wikipedia (now under threat from Elon)? Your library? Black press? Your town’s alternative weekly? Then do it. Do it now.

Begin printing out articles that contain important information and social media posts that shed important light on controversial issues. There’s a great deal of “scrubbing” happening on the internet right now and many of the most nefarious figures of this time that have stayed under the radar will reappear in the days of our future rebuilding, espousing brand-new positions and ideas.

I intend to use this space to shed light and do some deep dives on the meaning and context behind the anti-democratic plans and proposals that are unfolding, especially those that strike at the heart of our constitution’s guarantee of equality, so please tune in. As I always say, I don’t have all the answers. I’m only absolutely clear about the need to fight.

Categories Accountability, Character, Creativity, Democracy, Disruption, Elections, Ethics, Extremism, Hope, Justice, Resistance, Trump

Amazon Pays $40 Million for Documentary About Melania

By dianeravitch
January 9, 2025 //
21

There’s all kinds of graft, both legal and illegal. The Trump family seems to have mastered the art of legal graft. Tech billionaires and others have fallen to their knees to kiss Trump’s ring and to humbly offer him $1 million to help pay for his inauguration ceremonies. So far, the inauguration fund has swelled to $170 million, probably the most in history.

The ABC network paid Trump $1 million for his inauguration and, for good measure, gave $15 million to Trump rather than fight a lawsuit defending George Stephanopoulos for saying on air that Trump had “raped” E. Jean Carroll. ABC might have won in court on First Amendment grounds, but it capitulated.

Amazon, owned by Jeff Bezos, was even more ingenious. It agreed to pay the Trumps $40 million to license a documentary about Melania. She will be the executive producer. Of course, Bezos had already paid his $1 million into the inauguration fund. He is the publisher of The Washington Post, the guy who prevented the publication of an editorial endorsing Kamala.

The documentary will surely be a glowing reprise of the life of Mrs. Trump, since she is in charge. But will it include her career as a nude model? The photos are all over the internet, and no kidding, she has a stunning body. But will they be in the documentary? Doubtful.

Remember that part of the Constitution called the “Emoluments Clause”? It has been generally understood to mean that the President should not take any gifts or compensation from anyone, presumably to avoid the appearance of a bribe.

However, Trump flouted that clause with the permission of the Supreme Court, which never found a conflict in Trump’s ownership of a hotel in close proximity to the White House, where foreign leaders rented elaborate suites.

Trump can accept major gifts now because he is not President yet. However, he sought to block his sentencing in a New York court in the grounds that the President-elect enjoyed the same immunity from criminal proceedings as a sitting President. Trump is ingenious.

Categories Accountability, Censorship, Corruption, Elections, Ethics, Funding, Shame, Trump

Scott Dworkin: Trump’s Unhinged “Press Conference”

By dianeravitch
January 8, 2025 //
26

Scott Dworkin, a prominent leader in the resistance to the Orange Menace, watched Trump’s self-glorifying rant and reports on it here. I subscribe to his Substack commentary, where this appeared. Just think: we will have to listen to this self-obsessed know-nothing for the next four years. I’m glad to let someone else do it for me.

He wrote:

Yesterday, unhinged madman Donald Trump held what he calls a “press conference.” They’re actually dangerous propaganda sessions.

In order to fight back, we have to stay aware and engaged at a constant. But I don’t want you to have to watch or listen to this bozo, so I summed up what happened for you here.

Donald spent some time pointlessly attacking President Biden. He once again admitted to lying about bringing down grocery prices, and mused that Facebook is likely doing away with fact-checking due to his threats.

He lied about Jack Smith executing people, whined like a baby for being prosecuted for his crimes, and railed against judges who are just doing their jobs. Trump complained about electricity itching—or something—and said he was going to change the name of the Gulf of Mexico to “Gulf of America.” Very original.

“The windmills are driving the whales crazy,” Donald said at one point, for no reason whatsoever.

He even went on some bizarre tirade about water pressure. “It’s called rain,” he blabbed. “It comes down from heaven. And they want to do no water comes out of the shower. It goes drip, drip, drip. So what happens? You’re in the shower 10 times as long.” There are so many things wrong with that word salad.

Trump lied and said Hezbollah was responsible for the violence on Jan 6th—when we all know Donald and his rabid cult followers are to blame. He also nonchalantly promised “major pardons” for the rioters who attacked the Capitol—possibly even for those who assaulted police officers. What a disgrace.

Donny “Cheap Suit” then rambled incoherent threats about using military force to take over Greenland and the Panama Canal, and economic attacks to absorb Canada.

The orange ogre replied to a question about his plans for Gaza negotiations saying, “all hell will break out in the Middle East,” if hostages aren’t released before January 20th. Are you kidding me? That’s not even a “concept of a plan.”

And one of the looniest things that came out of his blubbering mouth was: “We did nothing wrong on anything,” related to the crimes he committed. Remember that every Trump denial is an admission.

This is the sort of unhinged nonsense we will be dealing with as long as Trump is around. And I’ll be right here keeping an eye on him, so you don’t have to.

We’ll be sharing this article with millions of people on 10 social media networks, so we aren’t just singing to the choir.

Categories Elections, Evil, Extremism, Fake News, Fraud, Ignorance, Propaganda, Stupid, Trump

Florida: Trump Plan to Deport TPS Immigrants Will Be a Disaster for the State

By dianeravitch
January 8, 2025 //
6

The editorial boards of the Miami Herald and the Orlando Sentinel warned about the economic consequences of Trump’s plan to deport immigrants with Temporary Protected Status. They are “our neighbors, our friends, and our relatives.” Why didn’t Floridians think of that before they voted?

The editorial says:

It’s like 2017 all over again when it comes to Donald Trump and his threats about ending Temporary Protected Status.

TPS, a federal program familiar to  Floridians, protects some immigrants from deportation for a limited time because of emergency conditions in their home countries, such as Venezuela and Haiti. To qualify, they must be living in the U.S. when their country is designated for TPS and must meet a certain cutoff date. It allows them to live and work legally in the U.S. but does not offer a pathway to permanent legalization.

In his previous term, Trump tried and failed to end TPS for immigrants from Haiti and Nicaragua. This time, the president-elect should think twice. His home state of Florida would be affected more than any other. Almost a third of about 863,880 TPS recipients now live in this state, many from Venezuela and Haiti, places with well-documented turmoil and failures.

TPS recipients have legal status in the country, even if they initially came without documents. And TPS recipients pay into the system, through taxes. An estimate from 2019 put the number at $4.6 billion in federal, state and local taxes each year.

Their ranks are growing

As the Miami Herald has reported, the number of TPS recipients in Florida has more than quadrupled in the past three years, up from about 65,000 in April 2021 to about 295,720 now.

The Biden administration expanded TPS, including for about 472,000 Venezuelans, a move that translates into many more who could potentially be affected if Trump targets TPS — a program created in 1990 under President George H. W. Bush.

TPS emerged as an issue in the 2024 Trump campaign during that shameful episode in September, when Trump’s running mate, Vice President-elect JD Vance, spread debunked conspiracy theories about Haitians eating pets in Springfield, Ohio, and Trump continued to spread that misinformation at a presidential debate.

“They are eating the dogs … they are eating the cats,” Trump said repeatedly.

Ominous threats in Ohio

In early October, when Trump was asked whether, if reelected, he would revoke TPS for Haitians — at least those in Springfield — and deport them, he responded: “Absolutely. I’d revoke it, and I’d bring them back to their country.”

Vance also mentioned TPS at an Arizona campaign event in October: “What Donald Trump has proposed doing is we’re going to stop doing mass parole. We’re going to stop doing mass grants of Temporary Protected Status.”

All of that was well before the election.

Now, with a second Trump administration in the offing, theory could become reality. Look at his appointments: immigration hardliner Stephen Miller as deputy chief of staff for policy — he has criticized the Biden administration’s humanitarian parole program aimed at slowing the number of migrants at the southern border — and Tom Homan as the “border czar.” Homan led Immigration and Customs Enforcement when families were separated during Trump’s first term.

Immigration was one of the main drivers of Trump’s 2024 campaign. Much attention was focused on his vows to conduct mass deportations, especially of undocumented people. About 11 million immigrants without legal status were in the U.S. in 2022, according to the U.S. Department of Homeland Security.

Trump has also talked about a host of other immigration actions, including ending birthright citizenship and restarting construction of the border wall. After the fearmongering in Ohio, TPS is on the table, too. Lawsuits derailed Trump’s efforts the last time. Will it happen again?

We understand that TPS is, by definition, supposed to be temporary. That’s fair. But in many of these countries — Haiti, certainly, and Venezuela — conditions are just as bad as they were or worse. Returning TPS recipients to their countries could put them in danger. In Florida, where TPS recipients are our neighbors and friends and relatives, we should already know that.

This editorial was originally published in the Miami Herald. The Sentinel sometimes republishes editorials that reflect our point of view. Send letters to insight@orlandosentinel.com.

Categories Accountability, Cruelty, Economy, Elections, Extremism, Florida, Trump

Heather Cox Richardson: Biden Strengthens Record on Conservation, Trump Babbles and Threatens Our Allies

By dianeravitch
January 8, 2025 //
2

Yesterday was a day jam-packed with news, which Heather Cox Richardson puts into perspective. We can look forward to–or dread– four years of non-stop lying and bragging and insulting and threatening by Convicted Felon Trump. Among other crazy things he said yesterday, he claimed that Hezbollah terrorists were part of the Jan 6 mob that stormed the U.S. Capitol. Were they carrying Trump banners? Will he pardon them?

She writes:

Today, President Joe Biden signed proclamations that create the Chuckwalla National Monument and the Sáttítla Highlands National Monument, protecting 848,000 acres (about 3,430 square kilometers) of land in southern California’s Eastern Coachella Valley. Under the 1906 Antiquities Act, the president can designate national monuments to protect areas of “scientific, cultural, ecological, and historic importance.”

Yesterday, Biden protected the East Coast, the West Coast, the eastern Gulf of Mexico, and Alaska’s Northern Bering Sea—an area that makes up about 625 million acres or 2.5 million square kilometers—from oil and natural gas drilling. While there is currently little interest among oil companies in drilling in those areas, the new designation will protect them into the future. Noting that nearly 40% of Americans live in coastal communities, Biden said the minimal fossil fuel potential was not worth the risks that drilling would bring to the fishing and tourist industries and to environmental and public health.

The White House noted that Biden and Vice President Kamala Harris have “conserved more lands and waters”—more than 670 million acres of them—and have “deployed more clean energy, and made more progress in cutting climate pollution and advancing environmental justice than any previous administration.” At the same time, oil and gas production is at an all-time high, demonstrating that land protection and energy production can coexist.

While oil executives blasted Biden’s proclamation protecting the coastal waters, Democratic lawmakers on the newly protected coasts cheered his action, recognizing that oil spills devastate the tourism and fishing on which their constituents depend: the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, for example, killed 11 people, closed 32,000 square miles (82,880 square kilometers) of the Gulf of Mexico to fishing, and has cost more than $65 billion in compensation alone.

Biden protected the oceans under the 1953 Outer Continental Shelf Lands Act, which enables presidents to withdraw federal waters from future oil and gas leasing and development but does not say that future presidents can revoke that protection to put those waters back into development, meaning that Trump—who similarly protected coastal waters when he was president—will have a hard time overturning Biden’s action.

Nonetheless, Trump’s spokesperson Karoline Leavitt called Biden’s decision “disgraceful” and claimed it was “designed to exact political revenge on the American people who gave President Trump a mandate to increase drilling and lower gas prices. Rest assured, Joe Biden will fail, and we will drill, baby, drill.”

Journalist Wes Siler, who writes about the outdoors, environment, and the law, notes that there is a major effort underway among Republicans to privatize public lands to benefit oil and gas industries, as well as other extractive industries, just as Project 2025 outlined. Melinda Taylor, senior lecturer at the University of Texas at Austin Law School, told Bloomberg Law in November: “Project 2025 is a ‘wish list’ for the oil and gas and mining industries and private developers. It promotes opening up more of our federal land to energy development, rolling back protections on federal lands, and selling off more land to private developers.”

In September, Siler wrote in Outside that politicians in Utah have designed a lawsuit to put in front of the Supreme Court. It argues that all the land in Utah currently in the hands of the Bureau of Land Management—18.5 million acres—should be transferred to the control of the state of Utah.

Those eager to get their hands on the land use the word “unappropriated lands” from the 1862 Homestead Act to claim that the federal government is holding the land “without any designated purpose.”

But, as Siler notes, in 2023, BLM-managed land supported 783,000 jobs and produced $201 billion in economic output, and in Utah alone the use of BLM land created more than 36,000 jobs and $6.7 billion in economic output as more than 15 million people visited the state’s public lands. Utah realized hundreds of millions of dollars in taxes on that activity, and while it’s true that states cannot tax federal government lands—as lawmakers say—the government pays the state in lieu of taxes: $128.7 million in 2021.

Transferring that land to the state would sacrifice these funds, and because the state constitution requires the state both to balance its budget and to realize profits from state land, that transfer would facilitate the land’s sale to private interests.

Twelve states have now joined Utah’s lawsuit, arguing that federal control of “unappropriated” land within states impinges on state sovereignty, and they are asking the Supreme Court to take up the case as part of its original jurisdiction. As Siler noted in a May article in Outside, Chief Justice John Roberts has expressed an eagerness to revisit the legality of the Antiquities Act the presidents use to protect land—as Biden did today—suggesting he would be willing to side with the states against the federal government. Project 2025 also calls for Congress to repeal the Antiquities Act.

In Wes Siler’s Newsletter yesterday, Siler noted that the new rules package adopted for the 119th Congress makes it easier to transfer public lands to state control. The rules strip away the need to justify the cost of such a transfer and to offset it with budget cuts or increased revenue elsewhere.

In a press conference today, Trump said he would rescind Biden’s policies and “put it back on day one,” and complained that the 625 million acres Biden protected feels “like the whole ocean,” although the Pacific Ocean alone is almost 38 billion acres more than Biden protected.

Also today, Trump announced that a developer from Dubai, DAMAC Properties, will invest at least $20 billion in the U.S. to create new data centers that support artificial intelligence and cloud services. Trump claimed that the company’s chief executive officer, Hussain Sajwani, is investing in the U.S. “because of the fact that he was very inspired by the election,” but DAMAC has been connected to Trump for a while.

Sajwani attended Trump’s first inauguration, and a company tied to chair and current board member of DAMAC Farooq Arjomand paid $600,000 to the key witness for the House Republicans seeking to dig up dirt on President Biden. That man was Alexander Smirnov, who in December 2024 pleaded guilty to lying to the FBI when he claimed Biden had taken bribes from the Ukrainian company Burisma.

Data centers are notoriously high users of energy. They consume 10 to 50 times as much energy per floor space as does a typical commercial office building, which might have something to do with why Trump’s team is so eager to increase American energy production even as it is already at an all-time high. Trump has promised companies that invest a billion or more dollars in the U.S. that they will get expedited approvals and permits, including those covering environmental concerns.

But if the larger story of this moment is the plunder of our public resources for private interests, Trump’s press conference in general seemed to have a different theme. It was what CNN perhaps euphemistically called “wide ranging,” as he abandoned his “America First” isolationism to suggest using force against China as well as U.S. allies Denmark, Panama, Mexico, and Canada, which would destabilize the globe by rejecting the central principle of the North Atlantic Treaty Organization (NATO) that countries must respect each other’s sovereignty. He wildly suggested that the Iran-backed Lebanese paramilitary group Hezbollah was part of the January 6, 2021, attack on the U.S. Capitol and that his people were part of the negotiations for the return of the Israeli hostages.

Trump’s performance was reminiscent of his off-the-wall press conferences during the worst of the coronavirus pandemic, which tanked his popularity enough to get his team to stop him from doing them. Trump might have chosen to speak today to keep attention away from the arrival of the casket carrying former president Jimmy Carter to Washington, D.C., where it was transported by horse-drawn caisson to the Capitol, where Carter will lie in state in the Rotunda until his Thursday funeral at Washington National Cathedral. The snow and frigid weather were not enough to keep mourners away, and Trump has already expressed frustration that Carter’s death will mean that flags will be at half-staff for his own inauguration.

But he also might have been trying to demonstrate that the transition from Biden’s administration to his own is taking his time and energy in order to add heft to the argument his lawyers made yesterday. They demanded that Attorney General Merrick Garland prevent the public release of special counsel Jack Smith’s report about his investigation into Trump’s attempt to overturn the results of the 2020 presidential election because making Trump respond to the media frenzy the report will stir up would take his attention away from the presidential transition.

Trump managed to defang most of the legal cases against him by being elected president, but he apparently still fears the release of Smith’s report. Today, Judge Aileen Cannon, whom he appointed to the bench and who dismissed the charges against Trump in his retention of classified documents, issued an order preventing the Department of Justice from releasing the report. Constitutional law professor Laurence Tribe noted that the order “has no legal basis and ought to be reversed quickly—but these days nobody can be confident that law will matter.”

The presidential immunity on which Trump apparently is relying has also failed to protect him from being sentenced in the election interference case in which a Manhattan jury found him guilty of 34 felonies. In Civil Discourse, legal analyst Joyce White Vance explained that Trump wants to stop the sentencing process because it triggers a thirty-day period for Trump to appeal. “Once the appeal is concluded,” she explains, “the conviction is final.” Trump was apparently hoping to hold off that process and buy four years to come up with a way out of a permanent designation as a felon.It didn’t work. Today, appeals court judge Ellen Gesmer rejected his attempt to stop the sentencing. It will go forward on Friday as planned.

Categories Accountability, Corruption, Democracy, Disruption, Elections, Environment, Ethics, Lies, Trump

Trump Flunkie Judge Aileen Cannon Blocks Release of Jack Smith Report

By dianeravitch
January 7, 2025 //
12

Judge Aileen Cannon of Florida was appointed by Trump. When the Justice Department and FBI investigated the highly classified documents that Trump moved from the White House to Mar-a-Lago when he left in 2017, Judge Cannon slowed down the prosecution at every opportunity, then threw it out because she decided that Jack Smith’s appointment was unconstitutional.

Now she has blocked the release of his report about his investigation, at least temporarily.

Will Trump appoint her to the Supreme Court when Thomas or Alito resigns? He owes her.

The New York Times reported:

The federal judge who handled President-elect Donald J. Trump’s classified documents case temporarily barred the special counsel, Jack Smith, on Tuesday from releasing his final report on the investigation to the public.

On Monday, Mr. Trump’s lawyers and lawyers for his two co-defendants began a multipronged effort to stop the release of Mr. Smith’s report, which they claimed was “one-sided” and part of a “politically motivated attack” against the president-elect.

In a brief ruling, Judge Aileen M. Cannon, a Trump appointee who dismissed the documents case in its entirety this summer, enjoined Mr. Smith from sharing his report outside the Justice Department until a federal appeals court in Atlanta, which is now considering a challenge to her dismissal of the case, makes a decision about how to handle the report.

Mr. Trump’s legal team wrote a letter to Attorney General Merrick B. Garland asking him to stop the release of the report, which was set to be made public as soon as Friday. In a separate move, lawyers for Mr. Trump’s co-defendants in the documents case, Walt Nauta and Carlos De Oliveira, went directly to Judge Cannon, of the Southern District of Florida, asking for an emergency order blocking the release.

The legal scrambling continued on Tuesday, as Mr. Nauta and Mr. De Oliveira asked the appeals court hearing the case to weigh in on blocking the report and Mr. Trump sought to join their motion in front of Judge Cannon.

With the case already dismissed, the report would essentially be Mr. Smith’s final chance to lay out damaging new details and evidence, if he has any, about how Mr. Trump mishandled a trove of classified documents after he left office in 2021.

Judge Cannon threw out the case in July, ruling, in the face of decades of precedent, that Mr. Smith had been unlawfully appointed special counsel. Mr. Smith quickly challenged that decision in front of the 11th Circuit Court of Appeals in Atlanta.

But after Mr. Trump won the election in November, Mr. Smith dropped the appeal where Mr. Trump was concerned, effectively ending his part in the matter. Mr. Smith did not drop the appeal against Mr. Nauta and Mr. De Oliveira, and federal prosecutors in Florida intend to pursue it once Mr. Smith steps down and disbands his team.

When Trump is inaugurated, his top defense lawyers will have key roles in the Justice Department. This case will be shelved, along with Jack Smith’s report.

Categories Accountability, Elections, Ethics, Extremism, Injustice, Trump

Never Forget What Trump Said to the Mob He Summoned on Jan 6

By dianeravitch
January 6, 2025 //
16

Four years ago, I used to follow Trump on Twitter, just to know what has doing and saying. I recall the famous tweet when he said “Come to DC on January 6. Will be wild!”

And MAGA did not let him down. They came ready for action. Some were armed, some had bear spray.

David Pepper wants everyone to read what Trump said to his mob of fanatics that morning. Open the link and never forget.

The stability of our government, the durability of our Constitution was on the line. Trump did his best to tear down the government and the Constitution that day. All because the man-baby is a sore loser.

Categories Accountability, Democracy, Elections, Extremism, Trump

Adam Kinzinger: Trump’s Lies About January 6 Are Unacceptable

By dianeravitch
January 6, 2025 //
9

Adam Kinzinger had a promising career in the Republican Party. A decorated veteran, he served in Iraq and Afghanistan. He was elected to Congress from Illinois in 2010 and left Congress in 2023. He was one of ten Republucans who voted to impeach Trump for his role in the insurrection. He was one of two Republican members of Congress who served on the January 6 Commission, along with Liz Cheney. Both of their political careers are over unless the GOP breaks free of Trumpism.

He wrote:

For four years, a massive machine of deception has worked tirelessly to transform the greatest political tragedy of our time — the bloody January 6 attack on the U.S. Capitol — into what Donald Trump now calls a “day of love.” As the machine’s chief operator, Trump is determined to make the truth the ultimate casualty of that tragedy. It is up to us to defend it.

No crime in history has been documented more thoroughly than the January 6 attack. More than 1,000 cameras captured the day’s events, and much of that footage was used to charge over 1,600 people with crimes related to the riot. Around 1,000 have been convicted.

As a member of the House committee that investigated the attack, I reviewed the key footage repeatedly and listened closely to the officers who fought against the mob. More importantly, the world watched the tragedy unfold in real time as news networks broadcast the events minute by minute. Since then, we have all seen the images of Trump supporters clad in helmets and tactical gear waging medieval combat against police officers. We’ve witnessed the assaults with our own eyes.

The truth of January 6 is so well established that even people who weren’t there have felt the moral injury of seeing their fellow citizens surge violently into the Capitol. Like September 11, January 6 was a national trauma. The key difference, however, is that this attack was incited by the sitting President of the United States and carried out by our own citizens.

Although the story is familiar, it must be repeated every time January 6 is mentioned. That day was the culmination of Trump’s months-long campaign of lies designed to convince the world that the 2020 election he lost had been rigged. He and his allies spread rumor after rumor, filed and lost lawsuit after lawsuit. Still, conspiracy theories flooded the media and the internet, stoking the anger of Trump’s most fervent supporters.

No evidence of widespread corruption was ever found. Nevertheless, Trump and his followers continued to push these lies in countless ways. Then, as Congress prepared to certify the election results, he summoned his supporters to Washington, D.C., and all but ordered the attack to disrupt the certification process. More than 140 officers were injured. Five people died.

In the immediate aftermath, only a handful of political extremists denied what had occurred. Even Trump, the King of Lies, initially called it a “heinous attack” and a “calamity,” warning that lawbreakers “will pay.” However, in the weeks that followed, false claims of leftist agitators began to spread. Fringe lawmakers described members of the mob as mere tourists who had been granted access to the Capitol. By March, Trump echoed the notion that rioters had been “ushered” into the building. By 2022, he began to express sympathy for those charged with crimes, and with his encouragement, his followers began portraying these attackers as martyrs.

Trump, the most brilliant and malicious propagandist in American history, relentlessly repeated the lie that January 6 wasn’t an attack but a “simple protest” gone wrong — not a violent attempt to disrupt the democratic process. Each statement advanced the falsehood in small, calculated increments. This is how reality is corrupted. Today, a majority of Republicans claim the people who stormed the Capitol were engaged in “legitimate civil discourse,” while one-third of Americans question whether Joe Biden won the 2020 election fairly.

In the tragic context of Trump’s potential return to power, we should expect him to fulfill his promise to pardon most, if not all, of those convicted for their actions on January 6. He will justify these pardons with even more lies, which millions will accept as truth.

Yet a greater number of us still believe in the facts captured on video, documented in the January 6 Committee’s report, and upheld in the courts. As rational citizens, we are obligated to speak out when lies are spread. We must continue to do so until the day Trump’s propaganda is obliterated and the truth prevails — as it will, in time.

Categories Accountability, Courage, Elections, Evil, Extremism, Lies, Republicans, Trump
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