Archives for category: Elections

Heather Cox Richardson writes about the supine behavior of Republicans in the House of Representatives, as they worship at the shrine of Trump. The Senate passed a bipartisan bill to fund Ukraine, Taiwan, and Israel: 22 Republican Senators voted for it, openly defying the Orange Menace. But in the House, Speaker Mike Johnson says he won’t allow the bill to come to a vote because it is likely to pass. Johnson is collaborating with Trump who is collaborating with the enemies of freedom (aka Putin).

She writes:

History is watching,” President Joe Biden said this afternoon. He warned “Republicans in Congress who think they can oppose funding for Ukraine and not be held accountable” that “[f]ailure to support Ukraine at this critical moment will never be forgotten.”

At about 5:00 this morning, the Senate passed a $95 billion national security supplemental bill, providing funding for Ukraine, Israel, Taiwan, and humanitarian aid to Gaza. Most of the money in the measure will stay in the United States, paying defense contractors to restock the matériel the U.S. sends to Ukraine. 

The vote was 70–29 and was strongly bipartisan. Twenty-two Republicans joined Democrats in support of the bill, overcoming the opposition of far-right Republicans.

The measure went to the House of Representatives, where House speaker Mike Johnson (R-LA) said he will not take it up, even though his far-right supporters acknowledged that a majority of the representatives supported it and that if it did come to the floor, it would pass. 

Yesterday, House Intelligence Committee chair Mike Turner (R-OH)—who had just returned from his third trip to Ukraine, where he told President Volodymyr Zelensky that reinforcements were coming—told Politico’sRachel Bade: “We have to get this done…. This is no longer an issue of, ‘When do we support Ukraine?’ If we do not move, this will be abandoning Ukraine.” 

“The speaker will need to bring it to the floor,” Turner said. “You’re either for or against the authoritarian governments invading democratic countries.… You’re either for or against the killing of innocent civilians. You’re either for or against Russia reconstituting the Soviet Union.”

Today, Biden spoke to the press to “call on the Speaker to let the full House speak its mind and not allow a minority of the most extreme voices in the House to block this bill even from being voted on—even from being voted on. This is a critical act for the House to move. It needs to move.”

Bipartisan support for Ukraine “sends a clear message to Ukrainians and to our partners and to our allies around the world: America can be trusted, America can be relied upon, and America stands up for freedom,” he said. “We stand strong for our allies. We never bow down to anyone, and certainly not to Vladimir Putin.”

“Supporting this bill is standing up to Putin. Opposing it is playing into Putin’s hands.”

“The stakes were already high for American security before this bill was passed in the Senate last night,” Biden said. “But in recent days, those stakes have risen. And that’s because the former President has sent a dangerous and shockingly, frankly, un-American signal to the world” Biden said, referring to Trump’s statement on Saturday night that he would “encourage [Russia] to do whatever the hell they want” to countries that are part of the North Atlantic Treaty Organization (NATO)—the 75-year-old collective security organization that spans North America and Europe—but are not devoting 2% of the gross domestic product to their militaries. 

Trump’s invitation to Putin to invade our NATO allies was “dumb,…shameful,…dangerous, [and] un-American,” Biden said. “When America gives its word, it means something. When we make a commitment, we keep it. And NATO is a sacred commitment.” NATO, Biden said, is “the alliance that protects America and the world.”

“[O]ur adversaries have long sought to create cracks in the Alliance. The greatest hope of all those who wish America harm is for NATO to fall apart. And you can be sure that they all cheered when they heard [what] Donald Trump…said.”

“Our nation stands at…an inflection point in history…where the decisions we make now are going to determine the course of our future for decades to come. This is one of those moments.

And I say to the House members, House Republicans: You’ve got to decide. Are you going to stand up for freedom, or are you going to side with terror and tyranny? Are you going to stand with Ukraine, or are you going to stand with Putin? Will we stand with America or…with Trump?”

“Republicans and Democrats in the Senate came together to send a message of unity to the world. It’s time for the House Republicans to do the same thing: to pass this bill immediately, to stand for decency, stand for democracy, to stand up to a so-called leader hellbent on weakening American security,” Biden said. 

“And I mean this sincerely: History is watching. History is watching.”

But instead of taking up the supplemental national security bill tonight, House speaker Johnson took advantage of the fact that Representative Steve Scalise (R-LA) has returned to Washington after a stem cell transplant to battle his multiple myeloma and that Judy Chu (D-CA) is absent because she has Covid to make a second attempt to impeach Homeland Security Secretary Alejandro Mayorkas for “high crimes and misdemeanors” for his oversight of the southern border of the United States. 

Republicans voted to impeach Mayorkas by a vote of 214 to 213. The vote catered to far-right Republicans, but impeachment will go nowhere in the Senate.

“History will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games,” Biden said in a statement. He called on the House to pass the border security measure Republicans killed last week on Trump’s orders, and to pass the national security supplemental bill.

House minority leader Hakeem Jeffries (D-NY) has said he will use every possible tool to force a vote on the national security supplemental bill. In contrast, as Biden noted, House Republicans are taking their cue from former president Trump, who does not want aid to Ukraine to pass and who last night demonstrated that he is trying to consolidate his power over the party by installing hand-picked loyalists, including his daughter-in-law, Lara Trump, who is married to his son Eric, at the head of the Republican National Committee (RNC). 

This move is likely due in part to outgoing RNC chair Ronna McDaniel’s having said the RNC could not pay Trump’s legal bills once he declared himself a presidential candidate. After his political action committees dropped $50 million on legal fees last year, he could likely use another pipeline, and even closer loyalists might give him one. 

In addition, Trump probably recognizes that he might well lose the protective legal bulwark of the Trump Organization when Judge Arthur Engoron hands down his verdict in Trump’s $370 million civil fraud trial. New York attorney general Letitia James is seeking not only monetary penalties but also a ban on Trump’s ability to conduct business in the New York real estate industry. In that event, the RNC could become a base of operations for Trump if he succeeds in taking it over entirely. 

But it is not clear that all Republican lawmakers will follow him into that takeover, as his demands from the party not only put it out of step with the majority of the American people but also now clearly threaten to blow up global security. “Our base cannot possibly know what’s at stake at the level that any well-briefed U.S. senator should know about what’s at stake if Putin wins,” Senator Thom Tillis (R-NC) told his colleagues as he urged them to vote for the national security supplemental bill.

Politicians should recognize that Trump’s determination to win doesn’t help them much: it is all about him and does not extend to any down-ballot races. 

Indeed, the attempt of a Republican minority to impose its will on the majority of Americans appears to be sparking a backlash. In today’s election in New York’s Third Congressional District to replace indicted serial liar George Santos, a loyal Trump Republican, voters chose Democrat Tom Suozzi by about 8 points. CNN’s Dana Bash tonight said voters had told her they voted against the Republican candidate because Republicans, on Trump’s orders, killed the bipartisan border deal. The shift both cuts down the Republican majority in the House and suggests that going into 2024, suburban swing voters are breaking for Democrats. 

As Trump tries to complete his takeover of the formerly grand old Republican Party, its members have to decide whether to capitulate.

History is watching.

Thom Hartmann scores a bulls-eye again with this article.

The American people want the borders to be secure; they want a controlled flow of legal immigrants. It’s up to Congress to establish adequate border security, screening, judges, and border patrol. The Republicans have refused to send additional funds to Ukraine or Israel without a plan for the border. In the Senate, the two parties were close to reaching agreement on a bipartisan deal for the border.

But then, after his victory in New Hampshire, Trump stepped in and told them to kill the almost final agreement. He wants the issue of immigration and border security alive and unresolved for his fall campaign. Terrified of the Wrath of Trump, Senate Republicans fell meekly into line.

Hartmann writes here about previous Republican presidential candidates and presidents who have cynically put their political self-interest above the national interest:

Once again, America and the world are watching with horror as a Republican candidate for president — just to win an election — manipulates world affairs in a way that will cause widespread death and destruction while damaging the interests and reputation of America.

There’s a long tradition of Republicans running for president committing what can best called treason, or at least criminal manipulation of international affairs, to advantage themselves and hurt incumbent Democratic presidents.

Yesterday, Mitch McConnell let the proverbial cat out of the bag. A bipartisan group of senators had been working on a bill to provide funding to Ukraine and Israel, with money for the southern border, and when it looked like they were going to produce something that would actually pass the House and Senate, Donald Trump inserted himself, telling the Republicans they should kill the bill.

Trump apparently wants to run on chaos at the border, and solving the problem as this legislation is intended to do would take that issue away from him. But he’s also explicitly opposed to any further US aid to Ukraine. This is a treasonous twofer, putting Trump’s election above the interests of the United States and world peace.

Trump, of course, knows that if it weren’t for Putin’s intervention in the 2016 election, he never would have been president. And he desperately needs a repeat to hold onto his fortune and stay out of jail: he’s in a far greater bind now than when he first ran for president as a hustle to get GE to pay him more for his TV show.

His 2016 Campaign Manager Paul Manafort, after all, admitted that during that election he was handing secret internal campaign polling and strategy information off to Russian intelligence, so they could successfully use it to micro-target vulnerable voters via Facebook, an effort that reached 26 million targeted Americans in 6 swing states.

Now, Trump wants Putin’s help again for 2024. He knows that Putin can do things from overseas, including using deepfakes and posing as Americans to spread explicit lies on social media, that would send people to prison for election interference if done here in the US.

Putin’s number one goal, of course, is to seize control of Ukraine while destabilizing western democracies. So, Trump, wanting Putin’s help, is now trying to deliver Ukraine to Putin by killing US aid.

This pattern of Republican presidential candidates criminally intervening in foreign policy just to win elections started in 1968 and has been a feature — not a bug — of every Republican president who succeeded in taking the White House since: it’s time to seriously discuss the five-decade-long problem we have with treasonous and illegitimate GOP presidents.

It started in 1968, when President Lyndon Johnson was desperately trying to end the Vietnam war. It had turned into both a personal and political nightmare for him, and his vice president, Hubert Humphrey, who was running for President in the election that year against a “reinvented” Richard Nixon.

Johnson spent most of late 1967 and early 1968 working back-channels to North and South Vietnam, and by the summer of 1968 had a tentative agreement from both for what promised to be a lasting peace deal they’d both sign that that fall.

But Richard Nixon knew that if he could block that peace deal, it would kill VP Hubert Humphrey’s chances of winning the 1968 election. So, Nixon sent envoys from his campaign to talk to South Vietnamese leaders to encourage them not to attend upcoming peace talks in Paris.

Nixon promised South Vietnam’s corrupt politicians that he’d give them a personally richer deal when he was President than LBJ could give them then.

The FBI had been wiretapping South Vietnam’s US agents and told LBJ about Nixon’s effort to prolong the Vietnam War. Thus, just three days before the 1968 election, President Johnson phoned the Republican Senate leader, Everett Dirksen, (you can listen to the entire conversation here):

President Johnson: Some of our folks, including some of the old China lobby, are going to the Vietnamese embassy and saying please notify the [South Vietnamese] president that if he’ll hold out ’til November 2nd they could get a better deal. Now, I’m reading their hand. I don’t want to get this in the campaign. And they oughtn’t to be doin’ this, Everett. This is treason.

Sen. Dirksen: I know.

Those tapes were only released by the LBJ library in the past decade, and that’s Richard Nixon who Lyndon Johnson was accusing of treason.

At that point, for President Johnson, it was no longer about getting Humphrey elected. By then Nixon’s plan had already worked and Humphrey was being wiped out in the polls because the war was ongoing.

Instead, Johnson was desperately trying to salvage the peace talks to stop the death and carnage as soon as possible. He literally couldn’t sleep.

In a phone call to Nixon himself just before the election, LBJ begged him to stop sabotaging the peace process, noting that he was almost certainly going to win the election and inherit the war anyway. Instead, Nixon publicly said LBJ’s efforts were “in shambles.”

But South Vietnam had taken Nixon’s deal and boycotted the peace talks, the war continued, and Nixon won the White House thanks to it.

An additional twenty-two thousand American soldiers, and an additional million-plus Vietnamese died because of Nixon’s 1968 treason, and he left it to Jerry Ford to end the war and evacuate American soldiers.

Nixon was never held to account for that treason, and when the LBJ library released the tapes and documentation long after his and LBJ’s deaths it was barely noticed by the American press.

Gerald Ford, who succeeded Nixon, was never elected to the White House (he was appointed to replace VP Spiro Agnew, after Agnew was indicted for decades of taking bribes), and thus would never have been President had it not been for Richard Nixon’s treason. He pardoned Nixon.

Next up was Ronald Reagan.

During the Carter/Reagan election battle of 1980, then-President Carter had reached a deal with newly-elected Iranian President Abdolhassan Bani-Sadr to release the fifty-two hostages held by students at the American Embassy in Tehran.

Bani-Sadr was a moderate and, as he explained in an editorial for The Christian Science Monitor, successfully ran for President of Iran that summer on the popular position of releasing the hostages:

“I openly opposed the hostage-taking throughout the election campaign…. I won the election with over 76 percent of the vote…. Other candidates also were openly against hostage-taking, and overall, 96 percent of votes in that election were given to candidates who were against it [hostage-taking].”

Carter was confident that with Bani-Sadr’s help, he could end the embarrassing hostage crisis that had been a thorn in his political side ever since it began in November of 1979.

But behind Carter’s back, the Reagan campaign worked out a deal with the leader of Iran’s radical faction — Supreme Leader Ayatollah Khomeini — to keep the hostages in captivity until after the 1980 Presidential election. Khomeini needed spare parts for American weapons systems the Shah had purchased for Iran, and Reagan was happy to promise them.

This is the story that was finally confirmed just last year with The New York Times’ reporting that we now know how the deal was conveyed to the Ayatollah and by whom, including the lieutenant governor of Texas.

This was the second modern-day act of treason by a Republican wanting to become president.

The Reagan campaign’s secret negotiations with Khomeini — the so-called “Iran/Contra October Surprise” — sabotaged President Carter’s and Iranian President Bani-Sadr’s attempts to free the hostages.

As President Bani-Sadr told The Christian Science Monitor in March of 2013:

“After arriving in France [in 1981], I told a BBC reporter that I had left Iran to expose the symbiotic relationship between Khomeinism and Reaganism.

“Ayatollah Khomeini and Ronald Reagan had organized a clandestine negotiation, later known as the ‘October Surprise,’ which prevented the attempts by myself and then-US President Jimmy Carter to free the hostages before the 1980 US presidential election took place. The fact that they were not released tipped the results of the election in favor of Reagan.”

And Reagan’s treason — just like Nixon’s treason — worked perfectly.

The Iran hostage crisis continued and torpedoed Jimmy Carter’s re-election hopes. And the same day Reagan took the oath of office — to the minute, as Reagan put his hand on the bible, by way of Iran’s acknowledging the deal — the American hostages in Iran were released.

Keeping his side of the deal, Reagan began selling the Iranians weapons and spare parts in 1981, and continued until he was busted for it in 1986, producing the so-called “Iran/Contra” scandal.

But, like Nixon, Reagan was never held to account for the criminal and treasonous actions that brought him to office. Which is one reason Bush Jr. and Trump believed they could get away with anything.

After Reagan — Bush senior was elected — but like Jerry Ford — Bush was really only President because he served as Vice President under Reagan. And, of course, the naked racism of his Willie Horton ads helped boost him into office.

The criminal investigation into Iran/Contra came to a head with independent prosecutor Lawrence Walsh subpoenaing President George HW Bush after having already obtained convictions for Weinberger, Ollie North and others.

And Walsh was now looking into actual criminal activity by Bush himself in support of the Iran/Contra October Surprise.

Bush’s attorney general, Bill Barr, suggested he pardon them all to kill the investigation and protect himself, which Bush did.

The screaming headline across the New York Times front page on December 25, 1992, said it all: “BUSH PARDONS 6 IN IRAN AFFAIR, AVERTING A WEINBERGER TRIAL; PROSECUTOR ASSAILS ‘COVER-UP’”

And if the October Surprise hadn’t hoodwinked voters in 1980, you can bet Bush senior would never have been elected in 1988. That’s four illegitimate Republican presidents.

Which brings us to George W. Bush, the man who was given the White House by five right-wing justices on the Supreme Court.

In the Bush v. Gore Supreme Court decision in 2000 that stopped the Florida recount — and thus handed George W. Bush the presidency — Justice Antonin Scalia wrote in his opinion:

“The counting of votes … does in my view threaten irreparable harm to petitioner [George W. Bush], and to the country, by casting a cloud upon what he [Bush] claims to be the legitimacy of his election.”

Apparently, denying the presidency to Al Gore, the guy who actually won the most votes in Florida and won the popular vote nationwide by over a half-million, did not constitute “irreparable harm” to Scalia or the media.

And apparently it wasn’t important that Scalia’s son worked for a law firm that was defending George W. Bush before the high court (with no Scalia recusal).

Just like it wasn’t important to mention that Justice Clarence Thomas’s wife worked on the Bush transition team — before the Supreme Court shut down the recount in Florida — and was busily accepting resumes from people who would serve in the Bush White House if her husband stopped the recount in Florida…which he did. (No Thomas recusal, either.)

More than a year after the election a consortium of newspapers including The Washington Post, The New York Times, and USA Today did their own recount of the vote in Florida — manually counting every vote in a process that took almost a year — and concluded that Al Gore did indeed win the presidency in 2000.

As the November 12th, 2001 article in The New York Times read:

“If all the ballots had been reviewed under any of seven single standards and combined with the results of an examination of overvotes, Mr. Gore would have won.”

That little bit of info was slipped into the seventeenth paragraph of the Times story so that it would attract as little attention as possible because the 9/11 attacks had happened just weeks earlier and journalists feared that burdening Americans with the plain truth that George W. Bush actually lost the election would further hurt a nation already in crisis.

To compound the crime, Bush could only have gotten as close to Gore in the election as he did because his brother, Florida Governor Jeb Bush, had ordered his Secretary of State, Kathrine Harris, to purge at least 57,000 mostly-Black voters from the state’s voter rolls just before the election. Thousands of African Americans showed up to vote and were turned away from the polls in that election in Florida that Bush “won” by fewer than 600 votes.

The simple reality is that Al Gore won Florida in 2000, won the national popular vote by a half-million, and five Republicans on the Supreme Court denied him the presidency.

Florida Governor and George W. Bush’s brother Jeb had his Secretary of State, Kathryn Harris, throw thousands of African Americans off the voting rolls just before the election but then — when the votes had come in and it was clear former Vice President Al Gore had still won — she invented a brand new category of ballots for the 2000 election: “Spoiled.”

As The New York Times reported a year after the 2000 election when the consortium of newspapers they were part of finally recounted all the ballots:

“While 35,176 voters wrote in Bush’s name after punching the hole for him, 80,775 wrote in Gore’s name while punching the hole for Gore. [Florida Secretary of State] Katherine Harris decided that these were ‘spoiled’ ballots because they were both punched and written upon and ordered that none of them should be counted.

“Many were from African American districts, where older and often broken machines were distributed, causing voters to write onto their ballots so their intent would be unambiguous.”

George W. Bush “won” the election by 537 votes in Florida, because the statewide recount — which would have revealed Harris’s crime and counted the “spoiled” ballots, handing the election to Gore (who’d won the popular vote by over a half-million nationwide) — was stopped when George HW Bush appointee Clarence Thomas became the deciding vote on the Supreme Court to block the recount order from the Florida Supreme Court.

Harris’ decision to not count the 45,599 more votes for Gore than Bush was completely arbitrary: there was no legal category and no legal precedent, outside of the old Confederate states simply refusing to count the votes of Black people, to justify it.

The intent of the voters was unambiguous. And the 5 Republicans on the Supreme Court jumped in to block the recount ordered by the Florida Supreme Court (in violation of the 10th Amendment) just in time to prevent those “spoiled” votes from being counted, cementing Bush’s illegitimate presidency.

So, for the third time in 4 decades, Republicans took the White House under illegitimate electoral circumstances. Even President Carter was shocked by the brazenness of that one. And Jeb Bush and the GOP were never held to account for that crime against democracy.

To get re-elected in 2004, Bush used an old trick: become a “wartime president.” In 1999, when George W. Bush decided he was going to run for president in the 2000 election, his parents hired Mickey Herskowitz to write the first draft of Bush’s autobiography, A Charge To Keep.

Although Bush had gone AWOL for about a year during the Vietnam war and was thus apparently no fan of combat, he’d concluded (from watching his father’s “little 3-day war” with Iraq) that being a “wartime president” was the most consistently surefire way to get reelected and have a two-term presidency.

“I’ll tell you, he was thinking about invading Iraq in 1999,” Herskowitz told reporter Russ Baker in 2004.

“One of the things [Bush] said to me,” Herskowitz said, “is: ‘One of the keys to being seen as a great leader is to be seen as a commander-in-chief. My father had all this political capital built up when he drove the Iraqis out of (Kuwait) and he wasted it.

“[Bush] said, ‘If I have a chance to invade Iraq, if I had that much capital, I’m not going to waste it. I’m going to get everything passed I want to get passed and I’m going to have a successful presidency.’”

Bush lying us into that war was an act of treason against America that cost 900,000 Iraqi lives, over 7,000 American lives (on the battlefield: veterans are still committing suicide daily), and over $8 trillion added to the national debt.

But it did what it was supposed to do: it got Bush re-elected in 2004.

Which brings us to this year’s election.

In 2016, Trump ally Kris Kobach and Republican Secretaries of State across the nation used Interstate Crosscheck to purge millions of legitimate voters — most people of color — from the voting rolls just in time for the Clinton/Trump election.

Meanwhile, Russian oligarchs and the Russian state, and possibly pro-Trump groups or nations in the Middle East, are alleged to have funded a widespread program to flood social media with pro-Trump, anti-Clinton messages from accounts posing as Americans, as documented by Robert Mueller’s investigation.

It was so blatant that it provoked the U.S. Intelligence Community’s assessment of their similar actions during the 2020 election (done while Trump was still president but released in March, 2021) pretty much declaring Trump a “Russian asset.”

It was a repeat, in many ways (albeit unsuccessful this time) of the Russian efforts in 2016. Then, as mentioned, Republican campaign data on the 2016 election, including which states needed a little help via phony influencers on Facebook and other social media, was not only given to Konstantin Kilimnik by Paul Manafort, but Kilimnik transferred it to Russian intelligence.

And now Trump is trying to exacerbate a crisis on our southern border and screw Ukraine in a way that will lead to mass causalities and disrupt the international order — all to give Putin what he wants — the same way Nixon used Vietnam, Reagan used Iran, and Bush used Iraq, just to win a damn election.

While we can’t rewrite history, at least we can try to prevent it from being repeated. Call your members of Congress — your representative and both your senators — and let them know if you agree that Ukraine aid and resolving the issue at the southern border shouldn’t be held hostage to Trump’s need for Putin’s help and approval.

The number for the congressional switchboard is: 202-224-3121.

It’s way past time that America ceased to be the dog wagged by the tail of corrupt Republicans who want to be president.

This report was written by Tanisha Pruitt, Ph.D., for Policy Matters Ohio in April 2023. It provides a comprehensive review of the funding of K-12 education in the state. The state has 1.6 million students. The state Constitution says (Article 6, section 2):

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

The legislature and governor of Ohio apparently believe that the state Constitution does not mean what it says. The Republican leadership has steadily increased the funding of charter schools (which are not “common schools,” but are privately managed schools, some for-profit) and vouchers, which go primarily up religious schools.

The report was written before the legislature lifted income caps on vouchers, agreeing to subsidize the tuition of all students regardless of family income.

Please open the link to see the graphs.

The Policy Matters Ohio report begins:

School is a place where childhood happens. Ohio’s public educators teach children of all races and backgrounds basic skills, but also challenge and inspire them to follow their dreams. For many students, school is a safe place to learn, develop and grow.

Ohio currently educates 1.6 million children attending school in our cities, suburbs and small towns. For years, almost no one was happy about how the state of Ohio funded public schools. The system pitted communities against each other and private and charter schools against public schools. We were living in the K-12 version of the “Hunger Games”: The wealthier your district, the stronger your chances of success.

Most state lawmakers signed off on a system that relied too heavily on local property taxes,[1] so communities where many residents have low incomes struggled to pay for the basics like updated resources and teaching materials. The state capped the funding it sent to some districts, often leaving those districts feeling cheated. In others, state funding failed to keep up with changing costs and student needs. Since 2005, lawmakers have been systematically sending more resources to the wealthiest Ohioans by cutting the state income tax, which accounts for nearly one-third of the state’s spending on schools. Meanwhile, lawmakers have diverted almost $1 billion a year from local levies to private and charter schools.[2]

These policy choices have taken a toll on Ohio’s educational outcomes. Education Week ranks Ohio 46th in the nation for equitable distribution of funding.[3] The performance metrics included: (1) state spending by examining per-pupil expenditures adjusted for regional cost differences, the percent of students in districts with per-pupil spending at or above the national average, spending index, and percent of total taxable resources spent on education and (2) Equity, by examining the degree to which education funding is equitably distributed across the districts within the state.[4]

The pandemic has contributed to a decline in test scores, which could have an impact on our overall ranking, if we do not get students caught up.[5] Over nearly two decades, we can draw a straight line between the racial and economic achievement gaps and the lack of funding to provide Black, brown, economically disadvantaged students[6] and students with disabilities what they need to succeed in school.

Ohio’s schools are becoming more racially and ethnically diverse; the Hispanic[7]population (a close proxy for Latinx) alone has more than doubled over the last 10 years.[8] Student poverty is also on the rise with 51% of students considered economically disadvantaged and the homeless student population doubling over the last decade.[9]

COVID-19 created unstable and even chaotic learning environments across Ohio. The elevated stress and social isolation caused by the move to virtual learning[10]exacerbated students’ need for mental health services.[11] The pandemic continues to take a toll on educators as well. COVID and other outbreaks are making educators sick. Moreover, increased stress and low pay cause many educators to leave the profession. Districts across the state have grappled with unprecedented staff shortages. For example, Columbus City Schools (CCS) had 800 employees absent every day during the height of the pandemic.[12] Hamilton City School officials were forced to cancel classes when 170 staff members were out due to illness.[13]

COVID has especially hammered school districts in communities that can’t raise enough money through local property taxes — especially in big cities, where Black, brown and economically disadvantaged students are more likely to live.[14] Schools in these communities often have fewer resources for COVID mitigation efforts like improving ventilation.[15]

Long before COVID, many policymakers neglected public schools, siphoning away their funding for tax giveaways[16] to corporations and undercutting them with schemes that send public money to charters and private schools. Combined with the effects of COVID, Ohio’s legacy of inadequate and inequitable funding has weakened the role school plays as a foundational public service for families and communities. For our state to be a vibrant place where people want to live, we need fully and fairly funded schools in all districts, no matter what students look like, or how much money their families have.

This report describes how the state funds public K-12 education and some key investments proposed in the 2024-25 Executive Budget, the legacy of unconstitutional funding, the role private school vouchers play in harming public schools, and how the Fair School Funding Plan — when fully funded and fully implemented, including weights and cost corrections — can provide districts with more resources to prepare Ohio’s children to succeed.

A brief history of Ohio school funding

The framers of Ohio’s constitution obligated the state to provide a “thorough and efficient system of common schools” for all students.[17] In 1991, the Ohio Coalition for Equity & Adequacy of School Funding, representing more than 500 school districts in Ohio, filed suit in the Perry County courts against the State of Ohio for failing to uphold this constitutional requirement.[18] In DeRolph vs. The State of Ohio — named for Perry County school district student Nathan DeRolph — plaintiffs argued the state was failing to live up to its obligation due to over-reliance on local property taxes for school funding: In wealthy communities, high property values generated revenues needed to provide students with more resources for cutting-edge technology, advanced classes, and extracurricular activities; the opposite was true in poor communities. This left schools in cities, rural areas and many low-income communities severely under-resourced, significantly harming outcomes for their students.

The litigation dragged on until 1994 when Perry County Court Judge Linton Lewis, Jr. ruled that “public education is a fundamental right in the state of Ohio” and that the state legislature must provide a better and more equitable means of financing education.

The DeRolph case was the start of a foundational shift in the school funding system in Ohio, but the fight for constitutional and equitable funding continued for decades following the ruling. By failing to keep up with inflation and by diverting public funds to charter schools[19] and vouchers (i.e., scholarships to private schools), lawmakers in fact cut state aid to traditional public schools over time.[20] As a result, public schools have increasingly relied even more on local resources, which exacerbates the problem of unequal funding and quality across districts,[21] a problem that persists today….

Public dollars, private benefits

Two smaller education systems run alongside Ohio’s traditional public schools: charters and private schools. When legislators redirect funding from traditional public schools to pay for charters and vouchers (which pass public dollars through parents and into private schools), the vast majority of Ohio students who attend traditional public schools have to make do with less.

In Ohio charter schools have been branded “community schools” and are considered “public” because they cannot charge tuition and they are supposed to accept all students. However, charter schools do not necessarily serve the public good. Charter school sponsors may contract with for-profit companies to operate the schools. In 2020, Ohio had 313 charter schools serving 102,645 students and 178 (57%) of them were operated by for-profit entities.[48]These “operators” have been the source of much scandal in Ohio. Simply put: The charter system in Ohio has lots of loopholes for private, profit-seeking companies to siphon off public dollars.

In FY 2022 the state sent $1.45 billion to charter schools — up from nearly $620 million in 2007.[49] During that time, Ohio’s legislators earned our state a reputation as “the wild west of charter schools” by failing to hold charters and their operators accountable.[50] Problems with Ohio’s charter school system came to a head with the ECOT scandal: A for-profit online charter school, the Electronic Classroom of Tomorrow squandered millions in public money by inflating enrollment numbers.[51] Other charter scandals have prompted rounds of legislative reform to reduce self-dealing, prevent the state from paying for students who were not actually attending school, and stop attempts at double-dipping by selling state-purchased materials back to the state for even more public dollars.[52]

The Ohio Charter School Accountability Project, a joint effort of the Ohio Education Association (OEA) and Innovation Ohio, using data primarily from the Ohio Department of Education (ODE), created a tool to help Ohioans know the state of publicly funded charters and private schools that accept public vouchers, and how they compare to traditional school districts. Analysis includes state report card rankings, classroom expenditures, and state aid deductions to charter schools. This system is intended to provide transparency so that parents, teachers, students and advocates can hold charter schools accountable.[53]

Based on the recent Annual Community Schools report conducted by the Ohio Department of Education (ODE),[54]community schools in Ohio are receiving more funding through the Quality Community School Support Grant (QCSS). Eligibility requirements for these grants are based on performance standards and overall academic achievement. In the current budget lawmakers increased funding to QCSS to $54 million for FY 2022, a $24 million increase from 2021. This increase includes a per-pupil increase of $1,750 for economically disadvantaged students and a $1,000 per-pupil increase for all other students.[55]

Vouchers eat up state funding for K-12 schools

As problematic as under-regulated charter schools can be, the proliferation of private school vouchers has had the most serious consequences for public schools and the vast majority of Ohio students who attend them. Since the Cleveland Voucher Program for low-income students in Cleveland City Schools launched in 1996, policymakers have expanded voucher programs across the state. Ohio currently has four main school voucher programs: the Educational Choice (EdChoice) Scholarship Program, the Cleveland Scholarship and Tutoring Program (CSTP), the Autism Scholarship Program, and the Jon Peterson Special Needs (JPSN) Scholarship Program. The EdChoice program is split into two types: the Traditional EdChoice Scholarship, also known as performance-based EdChoice, and the EdChoice Expansion Scholarship, also known as income-based EdChoice.

Policymakers introduced the Traditional EdChoice scholarship program in 2005 and continue to expand it. The EdChoice Expansion program was introduced in 2014 and has also expanded in scope. The performance-based EdChoice program is available to students in underperforming school districts, while the income-based EdChoice program is available to low-income students. The Cleveland Scholarship is for all K-12 students in the Cleveland Metropolitan School District. The other two scholarships, Autism and JPSN, are for autistic students and students with any disability, respectively.

What started as a program to provide alternative education options for students in what the state perceived to be underachieving schools has now expanded to include students from public schools with high achievement grades. According to a brief by the Northwest Local School District, 47.7% of the buildings on the current list of Ohio schools eligible for vouchers have overall grades of “A,” “B,” or “C” under the state’s report card system. The number of eligible schools has also grown rapidly. During the 2018-19 school year Ohio had fewer than 300 school buildings that were considered eligible; by 2020-21, 1,200 school buildings were eligible: a 300% increase in just two years.[56] Similarly, income-based vouchers are now being proposed for families earning up to 400% of the federal poverty level. This expansion would be a costly and needless expansion, subsidizing private education for families that need no help. A family of four could earn up to $120,000 and be considered income eligible. This expansion will make vouchers nearly universal, by providing an additional handout to upper-middle-class families at the expense of public schools.

Vouchers in the state budget

After years of tax cuts for the wealthy and corporations that have drained resources from public schools, and as COVID has created new pressures, the state further undercuts public schools by pumping hundreds of millions of public dollars into private schools.[57]

The 2022-23 biennial budget expanded funding of private schools, especially through EdChoice and other voucher programs. Traditional, performance-based EdChoice received $212.5 million, and the income-based EdChoice Expansion program received close to $103 million, a combined 61.4% of voucher payments statewide in FY 2022. The Autism and JPSN scholarships received $116.5 million and $76.6 million, respectively, making up 17% and 12.4% of distributed scholarship funds. The Cleveland Scholarship program received $46 million and only makes up 9.1% of distributed scholarship funds.[58]

Legislators have increased voucher payments from state funds since 2014, as illustrated in Figure 6.[59]

Figure 6
https://datawrapper.dwcdn.net/7sKMh/2/

The FSFP funds vouchers directly instead of allowing them siphon away districts’ state funding. Lawmakers increased total voucher allocations from $395.4 million in FY 2020 to $635.1 million in FY 2022.[60]They also increased direct state aid to private schools, though not as dramatically. Policymakers increased funding for “auxiliary services” to private schools from $149.9 million in FY 2021 to $154.1 in FY 2022 and just under $156 million in FY 2023. Meanwhile, “nonpublic administrative cost reimbursement” aid — which reimburses charter schools for the cost of mandated administrative and clerical activities such as preparation, filing and records keeping[61] — increased from $68.9 in FY 2021 to $70.8 in FY 2022 and $71.6 in FY 2023.[62]

Lawmakers have increased spending on vouchers by increasing the amount families can receive. For income-based EdChoice Expansion vouchers for FY 2022-23 the state now awards qualifying K-8 students $5,500 per year and high school students $7,500 per year for tuition at non-public schools, up from previous award amounts in FY 2020-21 which provided $4,650 for K-8 students and $6,000 for students grades 9-12.[63]….

Voucher expansion threatens our public schools

Because of the General Assembly’s continued expansion of voucher programs, more Ohio families are enrolling in them — up from 52,000 in 2019 to 69,991 in 2021. Even accounting for this growth, most voucher students were already attending private school before receiving vouchers.[64] Further, the number of vouchers is a fraction of the number of students served in public schools. When students use state-funded vouchers to attend private schools, even if they were never enrolled in traditional school districts, it means less money in the state budget that could otherwise be spent creating great public schools, which must serve all students.

The Ohio Coalition for Equity and Adequacy of School Funding, a coalition of over 100 school district and 20 education and community groups, took the state of Ohio to court, claiming that EdChoice Expansion violates the constitutional requirement that the state provide a “thorough and efficient system of common schools.” Coalition advocates believe that state lawmakers’ growing investment in vouchers could lead to a school funding system that privileges private education even more in years to come.[65]

Many proponents of voucher expansion have painted it as the state simply supporting parents’ right to choose where their child will be educated, but choice is not the problem, priorities are. The state has not fulfilled its constitutionally mandated responsibility to fairly fund public schools. Key components of the FSFP are still outstanding. Allocating close to $1 billion in public funds for students to take vouchers to private schools is a huge disservice to the 90% of students who attend our public schools.

Ultimately, the way the executive budget proposes to distribute foundation aid over FY 2024-25 will further erode the share going to traditional public schools by allocating a greater share to charters. The proposed budget would send 77.9% of foundation funds to traditional schools, compared to 79.1% in the last budget. Charters would take 10.8%, up from 9.9%. Voucher programs stay at 7.1%, and joint vocational school districts increase to 4.2% from 3.8%.

Recommendations & conclusion

Ohio has underfunded public schools and other essential public services for years.[66] Ohio lawmakers have cut state income taxes since 2005, reducing our ability to provide an equitable education system for all our students, and giving huge windfalls to the wealthiest Ohioans and little or no benefit to people with middle or low incomes.

Policymakers have a constitutional duty to protect public schools. Ensuring a thorough and efficient system of common schools means correcting disparities generated from over-reliance on property taxes by fully implementing the FSFP, with accurate estimates of how much it really costs to educate our kids.

Lawmakers in Ohio need to invest in developing an educator workforce of qualified teachers who are paid fairly for their essential work and strongly supported while doing it. Other pressing issues include a bussing crisis,[67] fewer 5-year-olds prepared for kindergarten,[68]lowered reading and math proficiency scores,[69] chronic absenteeism,[70] and a persistent digital divide.[71]

The state has sufficient revenue to meet these challenges, so long as legislators make public schools and kids a priority. Ohio has the money to fully commit to the FSFP in this budget. Instead of phasing in funding piece by piece, year after year, lawmakers should fully fund it right now. Ohioans must come together to demand lawmakers live up to the promise of the FSFP in the next biennium and beyond.

Republicans in the Ohio legislature love vouchers. They don’t love public schools. First, they created vouchers for Cleveland in 1995 as part of a budget bill. The ACLU challenged the program, and the Supreme Court upheld it in a 5-4 decision called Zelman Vs. Simmons-Harris.

Here is a summary at Case Western Reserve University’s website:

On June 27, 2002, the court ruled 5-4 in favor of vouchers, with Justices Sandra Day OConnor, Antonin Scalia, Anthony Kennedy, and Clarence Thomas joining Chief Justice William Rehnquist in delivering the majority opinion. Rehnquist argued that the program is “entirely neutral with respect to religion.” He explained, “It permits genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice.” Justice David H. Souter offered a harsh dissent, joined by Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen G. Breyer. Souter called the ruling “potentially tragic” as a “major devaluation of the establishment clause.”

Souter was right. Cleveland has had its voucher program in place since 1996. Almost 30 years later, it’s clear that it did not improve academic achievement. Cleveland has participated in the NAEP testing since 2003. It is one of the nation’s lowest scoring urban districts, outperforming only Detroit (a city with many charter schools). Vouchers didn’t make education better in Cleveland and may have made it worse by reducing civic investment in the public schools.

Lots of choices—public, charter, and vouchers—no improvements.

Despite the clear evidence of failure in Cleveland, the Ohio legislature created multiple statewide voucher programs. Initially, they were targeted towards specific high-needs groups, including low-income children.

Now, however, the legislature has raised the income cap again. Students are eligible if their family income is 450% of the federal poverty level.. Enrollment more than tripled, from 24,000 to 82,000, and costs are ballooning. But that won’t slow down the rush to universal vouchers, where the state gives a voucher to every student regardless of family income.

The only statewide evaluation of Ohio vouchers was released in 2016. It was sponsored by the Thomas B. Fordham Institute, a rightwing think tank that supports school choice The findings were negative. Vouchers depressed achievement. But no one cared.

Laura Hancock at Cleveland.com reported:

COLUMBUS, Ohio – The number of applications for Ohio-funded scholarships for private schools has more than tripled this school year over the last after the state legislature increased both the cash amount of the vouchers and family income eligibility, according to new figures.

So far, the state has paid out $166.9 million for private school tuition this year in one of the voucher programs that the legislature expanded.

But that amount will continue to rise. Most private schools collect tuition on a monthly basis, and not all applications to the program have been granted or even submitted. Parents have until the end of the June to submit voucher applications…

According to the latest figures from the Ohio Department of Education and Workforce, the state’s new K-12 agency:

– Thus far in the 2023-2024 school year, 82,610 students have been awarded scholarships to private schools in the one of the five voucher programs that the legislature expanded. In the 2022-2023 school year, families of 24,320 kids received vouchers.

-An additional 8,582 applications had been received as of Jan. 25 but were in need of a correction or were otherwise incomplete.

DEW has changed the way it’s reporting the dollar amount, as reporters have published dozens of stories about the controversial growth in private school vouchers this year. Previously, it reported how much money the state had committed to private school vouchers in the 2023-2024 school year, based on approved student applications.

For instance, in late October, it had committed $239.8 million for 41,120 students whose applications had been approved at the time. That figure raised eyebrows because it suggested the state could go well over the $397.8 million the General Assembly had budgeted for vouchers this school year.

Since then, the number of applications approved has more than doubled, but the state agency is reporting only how much it has paid out rather than its total commitments to date. Calculating that number is difficult without detailed data because the state awards scholarships based on a sliding income scale.

That means the state spend reported now is about $73 million lower than what the state said in October. However, by the end of June, the amount of state money spent is almost guaranteed to be higher.

In the two-year state budget bill passed over the summer, lawmakers expanded voucher eligibility to all families. Among the changes:

-The General Assembly raised the full voucher award from $5,500 to $6,165 this school year for students in K-8 and from $7,500 to $8,407 in 9-12.

-For the full voucher, lawmakers expanded family income eligibility to 450% of the federal poverty level, or $135,000 for a family of four, from the previous 250% of the federal poverty level, or $75,000 for a family of four.

-Lawmakers removed income caps for all families this year, meaning high-income families also can receive scholarships, but the award decreases the wealthier a family is. For instance, families at 451% to 500% of the poverty level are eligible for $5,200 for K-8 and $7,050 for 9-12.

The state has five private school voucher programs. Some are for children with special needs or for families who live in the boundaries of the Cleveland Metropolitan School District. The program with explosive growth this year is Education Choice, which is based on income eligibility. (That is different from an EdChoice program for families who live in the boundaries of low-performing public schools.)

So far this school year, 146,544 Ohio students are receiving a scholarship for one of the five voucher programs, costing the state $428.5 million to date.

A Wednesday report about Ohio’s private school vouchers by ProPublica found that parents with kids in private schools were being pressured to apply for vouchers, even if they were against it on principle. Schools pressured lower-income parents to obtain the scholarships first before asking for financial aid. Some schools appeared prepare to raise tuition, because the increase could be absorbed by parents, now that the state was paying a large chunk of their tuition, the reporting found.

What is more, Ohio’s voucher program enables the revival of discrimination that federal law forbids.

Journalist Marylou Johanek writes:

Public financing of parochial school prejudice is the law in Ohio. Take a minute to process, I’ll wait. The state has opened its coffers to Catholic schools that discriminate. The overwhelming amount of Ohio’s voucher money — free taxpayer money to offset private and religious school tuition — goes to Catholic schools.

The Catholic Diocese of Cleveland receives a ton of voucher funding. It just announced a new anti-LGBTQ+ policy in its 84 private religious schools that is blatantly discriminatory. Your tax dollars at work. Against the LGBTQ+ community. Against highly vulnerable LGBTQ+ youth.

Turns out the Church’s “all are welcome” spin is a conditional precept based on strict adherence to unchristian bigotry. Church leaders in Cleveland put their flock on notice that the universal invitation of acceptance may be rescinded to those who “openly express disagreement with Church teaching on matters of sex, sexuality, and/or gender in an inappropriate or scandalous way.”

The way Jesus turned nonconformists away.

From here on out, Catholic policy in Cleveland elementary and high schools — that rake in millions in taxpayer-funded vouchers — states that every person is expected “to present and conduct themselves in a manner consistent with their God-given biological sex” or face disciplinary action. Apparently, inclusive, affirming, nonjudgmental love is overrated.

The Catholic Diocese of Cleveland aligned itself with “culture war” extremists attacking people who can’t fight back. When an institution as influential as the Cleveland diocese rolled out sweeping prohibitions on LGBTQ+ expression and support in its diocesan-run and parish schools, it effectively blessed the record wave of hateful anti-LGBTQ+ bills being introduced by right-wing politicians in Ohio and Republican statehouses across the country (500 and counting).

Open the link and read it.

Read Robert Hubbell on the latest news. Always a voice of reason. It arrived at 2:17 am, when I was sleeping. I will have to remember his last lines the next time some Trump partisan accuses me of being “hyper partisan.” I am not at all partisan. I fear Trump. He is vicious, ignorant, dangerous. He lies the way other people exhale. Constantly. He inspired a coup attempt once. He would do it again. He faces 91 criminal counts for his actions. Why should anyone vote for this corrupt man? As I wrote yesterday, I would vote for an artichoke—or my dog Mitzi—if that was the choice. I am not blindly loyal to the Democratic Party or to Biden. I am terrified of the return of this unhinged demagogue.

Hubbell wrote:

As the media continues its journalistic rapture over special counsel Robert Hur’s hit job on Joe Biden, Trump gave the “green light” for Putin to attack NATO if Trump is elected in 2024. Don’t hold your breath waiting for the NYTimes to run five front-page stories on Trump’s reckless statement. I will return to the coverage of Robert Hur’s report in a moment, but the more important story (by far) is Trump’s dangerous invitation to Putin to invade NATO allies.

First, a reminder about our forward-leaning stance. As I said, on Friday, we must go on offense. Joe Biden is the better candidate by orders of magnitude. The choice has never been clearer in the history of our nation. We need to be aggressive in making that point. Trump’s statement over the weekend reinforces the binary choice between democracy and tyranny, sanity and chaos, and decency and depravity.


Trump claims he told NATO ally he would welcome Russian attack.

What happened.

At a rally over the weekend, Trump recounted the following conversation with a leader of a NATO ally:

One of the presidents of a big country stood up and said, ‘Well, sir, if we don’t pay, and we’re attacked by Russia, will you protect us?’

You didn’t pay? You’re delinquent? No, I would not protect you. In fact, I would encourage them [Russia] to do whatever the hell they want.


Why it matters.

It matters for three reasons, at least.

First, The story is a fabrication. Trump is a liar (as we know). No president of a “big country” posed the question to Trump, “Well, sir, if we don’t pay . . . .” If Trump had been asked such a question and given the response he recounted during a NATO meeting, we would have heard about it long before a campaign rally in South Carolina in 2024. (Moreover, NATO countries don’t “pay” anyone for membership in NATO. Trump thinks NATO has dues like a country club. It doesn’t. Instead, each member nation agrees to spend a certain percentage of its budget on its own military.)

Second, even though the story is not true as recounted, it is a signal to Putin that Trump’s commitment to NATO is illusory. Trump’s submissive posture regarding Russia threatens international security—and endangers the lives of Americans who will respond to a Russian attack on NATO.

Indeed, NATO chief Jens Stoltenberg made that point, saying,

Any suggestion that allies will not defend each other undermines all of our security, including that of the US, and puts American and European soldiers at increased risk. I expect that regardless of who wins the presidential election, the US will remain a strong and committed NATO ally.

Third, the statement is a reminder of Trump’s wild unpredictability when making public comments. He is a reckless madman. He is unfit to be president.


The reaction.

Trump’s imaginary (but reckless) story was rightly condemned by most major media. The NYTimes led with three front-page stories about the Trump’s statement.

  • Favoring Foes Over Friends, Trump Threatens to Upend International Order.
  • An Outburst by Trump on NATO May Push Europe to Go It Alone
  • Trump draws fire for his comments on NATO and Russia

The Washington Post led with a top-of-page headline, “Trump’s NATO-bashing comments rile allies, rekindle European fears.”

The Wall Street Journal included a below-the-fold front page headline, NATO Leader Blasts Trump’s Suggestion He Would Encourage Russian Invasion of U.S. Allies.

But, as expected, leading Republicans excused Trump’s reckless statement. Senator Marco Rubio said,

He doesn’t talk like a traditional politician, and we’ve already been through this. You would think people would’ve figured it out by now.

The excuse that “he doesn’t talk like a politician” doesn’t change how our NATO allies feel about Trump’s invitation to Putin to invade NATO countries. They would rightly make strategic decisions based on what Trump says without discounting his statement by his unpredictability.

More to the point, Trump doesn’t “talk” like an adult. He speaks like a petulant child with no emotional control. He is unfit to be president.

Speaking of Trump talking like a petulant child, read on!


Trump mocks Nikki Haley’s husband, who is deployed with the National Guard in Africa.

During the same speech in South Carolina, Trump insulted Nikki Haley’s husband, Michael Haley, who is a Major in the National Guard. His unit is currently on a year-long deployment in the Horn of Africa. Trump said,

What happened to her husband? Where is he? He’s gone. He knew. He knew.

Trump’s comment suggested that Major Michael Haley was out of the country to avoid seeing Nikki Haley’s loss in the Republican South Carolina primary. Of course, Trump’s mocking of Major Haley’s service is an insult to all Americans who serve their country in the military.

Nikki Haley condemned Trump’s remarks, saying,

Michael is deployed serving our country, something you know nothing about. Someone who continually disrespects the sacrifices of military families has no business being commander in chief.

President Biden also condemned Trump’s comments:

The answer is that Major Haley is abroad, serving his country right now. We know [Trump] thinks our troops are ‘suckers,’ but this guy wouldn’t know service to his country if it slapped him in the face.”

Of course—on cue—Senator Marco Rubio declined to criticize Trump’s comments about Major Haley’s year-long deployment to Africa.

Every time Trump speaks at a campaign rally, he creates this type of controversy. While his committed base and paid apologists are not moved, some voters will be. Military families, active-duty personnel, and veterans will understand the sacrifice that Major Haley is making—and Trump is mocking….

I am confident that the Biden campaign will get past the special counsel’s slander. Why? Because as the candidates make hundreds of campaign appearances, Biden’s mental fitness will compare favorably to Trump’s. Moreover, as the South Carolina rally on Saturday demonstrated, Trump will make outrageous statements every time he speaks. He will continue to do so—and will become more extreme as the campaign wears on. Joe Biden’s campaign operation is hammering Trump daily—and it is setting Trump’s fragile ego aflame. 

Meanwhile, we must keep the faith. Hur’s report has shaken some readers. I received about a dozen “I give up emails” over the weekend. While I understand feelings of anxiety, we can’t give up or collapse in defeatism. Instead, we must take a cue from Republicans: They suffer body blows each week inflicted by the bizarre behavior of the most corrupt and dangerous candidate in our nation’s history, but they continue their support for him unabated.

We are in a significantly stronger position with a good and decent man who has been a successful president. Surely, Joe Biden deserves the same fierce loyalty Republicans give to Trump.

Finally, to be blunt, this fight isn’t about Joe Biden. Today, a reader sent an email criticizing me for showing “unmitigated support” for Joe Biden. I told him that he was mistaken. I am showing unqualified support for democracy. 

At this moment in our history, supporting democracy means doing absolutely everything we can to re-elect Joe Biden. His gaffes and mistakes and age matter not a whit. He is a surrogate for democracy. If you aren’t supporting Joe Biden with every ounce of will you can muster, you are failing our democracy in its hour of need. It’s that simple.

Politico summed up the reactions to Trump’s shocking statement that if he is President again, he will not come to the defense of another NATO nation if it hasn’t paid its dues. Section 5 of the North Atlantic Treaty states that every NATO member will come to the defense of any other NATO member that is attacked.

The only nation that threatens NATO nations is Russia. Trump is sending Putin an invitation to take what he wants.

At a rally in South Carolina on Saturday night, Trump recounted a conversation with an unnamed head of state about how he would respond if a NATO member who had not paid enough money for its defense was attacked by Russia. “One of the presidents of a big country stood up and said, ‘Well, sir, if we don’t pay, and we’re attacked by Russia, will you protect us?’” Trump said.

“‘You didn’t pay? You’re delinquent?’” Trump recounted responding. ‘“No, I would not protect you. In fact, I would encourage them to do whatever the hell they want. You gotta pay. You gotta pay your bills.’”

Rep. Adam Schiff (D-Calif.) slammed the remarks Saturday night in a post on X.

“Trump bragged that he’d encourage Russia to ‘do whatever the hell they want’ to our NATO allies if they didn’t spend enough on defense,” Schiff wrote. “He’s more interested in aggrandizing himself and pleasing Putin than protecting our allies. It would be enough to make Reagan ill.”

Others used Trump’s statements to draw a contrast between the current frontrunner in the GOP presidential primary, and President Joe Biden — who has been on the defense over his mental acuity after a special counsel report described him as an “elderly man with a poor memory.” The White House, Biden and other allies have forcefully refuted the characterization.

“Biden: 14.8m jobs; lower costs for insulin; repairs to road/bridges; health care for vets; cleaning up the environment; stronger alliances. And yes: mixed up a country leader’s name. And this happened, too,” Rep. Rick Larsen (D-Wash.) wrote on X, linking to a clip of Trump’s remarks. “Is there really a choice?”

Article 5 of the North Atlantic Treaty that launched NATO in 1949 calls for every country to defend every other in the event of an attack. “The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all,” it states. Article 5 was invoked in defense of the United States after the 9/11 attacks in 2001.

The 31 current members of NATO have agreed, as a target figure, to spend at least 2 percent of their GDP on defense, though some nations are below that figure.

The White House blasted Trump’s comments as “unhinged” Saturday night. 

“Encouraging invasions of our closest allies by murderous regimes is appalling and unhinged— and it endangers American national security, global stability, and our economy at home,” White House spokesperson Andrew Bates said in a statement.

European leaders also criticized Trump’s comments. 

“Any suggestion that allies will not defend each other undermines all of our security, including that of the US, and puts American and European soldiers at increased risk,” NATO Secretary General Jens Stoltenberg said.

Reminder: Donald Trump is an elderly man with a bad memory, a vulgar mouth, malicious views, a well-established record of misogyny, an unparalleled prevaricator, and no knowledge of world history or current events. He is currently facing 91 criminal counts in state and federal courts.

Perry Stein of The Washington Post asked the question that many others are asking: Did Special Counsel Robert Hur include inappropriate speculation about Biden in his voluminous report about the classified documents found in Biden’s home and offices? Why? The Justice Department typically does not disclose lengthy reports about a person who has been exonerated and will not be charged. Why did DOJ violate that long-standing policy? Who allowed Hur’s political ruminations to remain in the report? Why was it published? Did Hur recognize that his personal observations would affect the Presidential campaign? Did he “Comey” Biden? Why did Garland select a former Trump appointee to investigate Biden? Is he naive or was he trying to prove how nonpartisan he is?

She writes:

The conclusion laid out in special counsel Robert K. Hur’s final report was straightforward: Joe Biden mishandled classified materials in 2017, though there was not enough proof that he intended to break the law to meet the Justice Department’s high prosecution threshold.

But the 345-page report also contained explosive information about President Biden’s allegedly faulty memory, overshadowing the issue of how he stored sensitive government materials after his vice presidency ended.

Hur portrayed the president as an elderly man who shared sensitive information with his ghostwriter andstruggled to remember key details in his life — unleashing calls from Republicans that Biden is unfit to serve, and a furious backlash from Democrats who said assessments of the president’s memory were inappropriate.

The appointment of a special counsel is intended to make high-profile, sensitive investigations as independent and apolitical as possible. But current and former Justice Department officials said the increasing reliance on special counsels to handle such investigations has upended a central principle of the agency: to avoid prejudicing the public against people who are not charged.

“Special Counsel Hur report on Biden classified documents issues contains way too many gratuitous remarks and is flatly inconsistent with long standing DOJ traditions,” former Attorney General Eric Holder, a Democrat, wrote on social media Friday. “Had this report been subject to a normal DOJ review these remarks would undoubtedly have been excised.”

Hur’s blistering characterization of Biden has made the report intractable from politics during an election year in which Biden’s opponents already were focused on his age and questioning his mental fitness.

Some legal experts say aspects of thereport have echoes of FBI Director James B. Comey’s decision in 2016 to call Hillary Clinton “extremely careless” as he publicly announced that he would be closing an investigation into her use of a private email server while she was secretary of state.

Comey was a top federal law enforcement official whose agency is not responsible for deciding when to prosecute. Unlike Hur, he was not tasked with issuing a report to explain his investigation. But he broke with FBI protocol by publicly discussing an investigation that ended without charges. And his words impugned Clinton’s credibility ahead of the presidential election in which she was the Democratic nominee, just as Hur’s report seems to have done with Biden as he seeks a second term.

Attorneys general typically name special counsels to lead investigations when the public could reasonably perceive a conflict of interest if the attorney general — a presidential appointee — were to oversee it. A special counsel has more independence from Justice Department leaders than other federal prosecutors, but still ultimately answers to the attorney general.

Hur was appointed by Attorney General Merrick Garland, who promised Congress even before he saw the report that he would make as much of it public as he was legally allowed to do.

Garland named Hur to investigate classified material found in Biden’s private home and former think tank office months after he appointed a special counsel to investigate former president Donald Trump’s potential mishandling of classified materials, as well as Trump’s alleged efforts to overturn the 2020 election results. Garland also appointed a special counsel to investigate Biden’s son, Hunter. Both the Trump and the Hunter Biden special counsels have led to criminal charges detailed in federal grand jury indictments, which contain far less information than special counsel reports.

Under department regulations, a special counsel submits a confidential report to the attorney general, explaining his or her decisions whether to prosecute (Justice Department policy precludes charging sitting presidents). It is up to the attorney general to decide whether to make that report public.

When Garland received Hur’s report Monday, he could have made redactions before he sent it to Congress. President Biden could have also exerted executive privilege and made redactions. But neither did. Had they wanted to, legal experts said, they would have had to inform Congress, and likely would have received intense backlash from Republicans.

Congressional leaders are likely to ask Hur to testify about the report. Lawmakers have already asked the Justice Department to release the transcripts and records of the interviews that were part of the investigation.

Hur’s report lists many reasons it would be difficult to convict Biden of willfully mishandling classified documents when he was out of office — including that Biden knew some of his predecessors also had kept notebooks with sensitive information, and that his handling of his own notebooks in 2017 showed instances where he “took steps to ensure” he did not share classified information with the person helping him to write a memoir. The report said some classified material found in Biden’s possession appeared to have been packed up by staff by mistake, and noted that, as president, Biden quickly handed over classified material his aides found last year.

But Hur also used scathing details about Biden’s memory lapses to help explain why he was declining to recommend pursuingcharges against the president after he leaves office. Among the reasons: Biden’s memory was reportedly so bad that a jury would struggle to believe he intentionally retained the classified information.

“We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory,” Hur wrote in the report. “It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness.”

Hur is a well-respected attorney who served as U.S. attorney in Maryland and as a senior Justice Department official during the Trump administration. When he was appointed special counsel, his former colleagues described him as fair-minded and apolitical. He vowed to lead the investigation with “fair, impartial, and dispassionate judgment.”

Harvey Eisenberg, a recently retired assistant U.S. attorney who worked with Hur in Maryland, said that Justice Department rules require prosecuting decisions based on a “reasonable probability of conviction.”

In the report, Harvey said that Hur appeared to include details about Biden’s memory to show how he assessed whether there was a strong chance that Biden would, hypothetically, be convicted at trial. Hur wrote that the president’s struggle to recall specific details of when and where he handled documents would have made it harder to convince a jury that he deliberately broke the law.

“He never uttered a political word to me or showed an inclination to have politics play a part in any decisions that I was making,” said Eisenberg, who was not involved with the special counsel. “I’m sure he didn’t take it lightly, that would be atypical of who I know the man to be.”

Neal Katyal, a former acting solicitor general under President Barack Obama, helped craft the special counsel regulations in the 1990s, as a young Justice Department lawyer. Katyal said officials at the time expected that most special counsel reports would not be made public, given long-standing Justice Department guidelines to not comment when prosecutors decline to indict someone.

But that’s changed in recent years. In 2019, special counsel Robert S. Mueller III’s investigation into possible Russian interference in the 2016 presidential election helped establish a new norm: Reports would be made public, in an effort to demonstrate transparency and that an investigation was thorough and fair.

Katyal, citing his own role in creating the special counsel rules, wrote an op-ed in The Washington Post that year saying Mueller’s report should be released so that the public would “have confidence that justice was done.”

On Friday, Katyal questioned Hur’s decision to include Biden’s alleged mental lapses during hours of interviews, including that he could not remember the year his son Beau died of cancer and struggled to recall the years of his vice presidency (Biden angrily denied those characterizations after the report was released).

“Perhaps there was some justification for special counsel Hur to comment on the president’s age and mental fitness, but I severely doubt it, and the report is not reassuring in this regard,” Katyal said in an email. “It seems gratuitous and wrong.”

Justice Department declination memos — which prosecutors write when they decide not to pursue charges, essentially ending an investigation — are virtually never made public. That’s in part because Justice Department guidance says that prosecutors should be sensitive to the privacy and reputation of people they are not charging. When charged,criminal defendants have the chance to defend themselves in a court of law. But when a person is publicly accused of problematic behavior but not charged, they have no opportunity to present evidence and mount a defense. [My emphasis added-DR]

Legal experts said that what’s so striking about the Hur report.

“It would have been sufficient to say that we did not have sufficient evidence that he was acting willfully,” Barbara McQuade, a law professor at the University of Michigan Law School and former federal prosecutor, said at a public roundtable on Friday. “To instead besmirch his reputation struck me as going a bit above and beyond what you would expect from an ordinary prosecutor.”

As a special counsel, Hur’s “legal outcome is indeed fair and appropriate,” said Anthony Coley, a former Justice Department employee who was the agency’s top spokesman when Garland appointed Hur last January. “But the editorializing — the excessive, unnecessary commentary about an uncharged individual — does not reflect DOJ’s best traditions.”

Aaron C. Davis and Ann E. Marimow contributed to this report.

Perry Stein covers the Justice Department and FBI for The Washington Post. She previously covered D.C. education. Before she joined The Post in 2015, she was a staff writer for Washington City Paper and wrote for the Miami Herald.

Matt Viser of The Washington Post spoke to sources inside the Biden White House who had first-hand knowledge of President Biden’s five-hour interview with Special Counsel Robert K. Hur and his team. Viser reports that Biden’s associates were shocked by the derogatory statements in Hur’s report, casting doubt on Biden’s mental competence. They thought the meeting went well. From the report, it appears that Hur asked questions about dates and details that caught Biden off-guard, and Hur used Biden’s uncertainty to demean his intelligence.

As you read the reporting from people who were in the room, it appears that Hur asked “gotcha” questions (do you remember what you did six years ago? And do you remember the exact date? And what about that memo from 2009? Do you know which box it is in? Who put it there?)

Viser wrote:

President Biden had just spoken with Israeli Prime Minister Benjamin Netanyahu the morning of Oct. 8, agonizing over how to rescue hostages taken by Hamas in its bloody attack the previous day, pledging American assistance, and weighing a volatile situation that threatened to spiral out of control in the Middle East.

Shortly after they hung up, the president’s personal attorney, Bob Bauer, and White House counsel Ed Siskel arrived at the White House. The group walked down one flight of stairs to the Map Room, where Biden was to be interviewed by special counsel Robert K. Hur, who for nine months had been investigating Biden’s handling of classified documents.

Those five hours and 10 minutes of interviews, unfolding over two days, would turn out to be momentous. But at the time, few foresaw how they would blow up four months later — not because of their content, but because Hur would repeatedly deride Biden’s memory during their time together. In a long-awaited report issued this week, Hur declined to prosecute Biden over his handling of classified documents but cast doubt on his memory, threatening to upend Biden’s pursuit of reelection by dwelling on perhaps his biggest political liability.

Hur’s description of Biden’s demeanor as that of a “well-meaning, elderly man with a poor memory” would infuriate Biden’s aides, who saw it as sharply at odds with what occurred as the president sat for voluntary questioning, according to two people familiar with the matter who spoke on the condition of anonymity to recount internal discussions. Hur cited the president’s ostensible memory problems in concluding that he would have trouble convincing a jury that Biden had willfully mishandled classified documents.

In the view of Biden’s team, the interviews proceeded in a routine, even dry, manner, as prosecutors asked Biden where he bought a particular file cabinet and how certain boxes were packed.

Biden himself was focused at the time on more immediate and world-shaking matters, having just made a round of phone calls to U.S. allies that would affect the roiling situation in the Middle East.

Biden and his attorneys even discussed postponing the interview, but they ultimately decided against it. They had already blocked off two days on the president’s schedule and, with the investigation already dragging on much longer than anticipated, were eager to put it behind them. They never contemplated resisting Hur’s request for the interview, figuring Biden had little to hide and would benefit from being transparent, according to members of his legal team.

Inside the White House, workers had converted a space on the first floor into a secure setting where classified information could be discussed. Long tables were brought into the Map Room, which takes its name from President Franklin D. Roosevelt’s use of the space to consult maps and track the progress of World War II. It is also the room where, in 1998, President Bill Clinton testified to independent counsel Kenneth W. Starr about his role in the Monica Lewinsky scandal.

Biden and Hur sat across from each other, each with about four aides. Bottles of water sat on the table. Biden was flanked by Bauer to his right and Siskel to his left. Hur, who would be asking the questions, was accompanied by his deputy Marc Krickbaum, a former U.S. attorney for the Southern District of Iowa, and several FBI agents.

The session started roughly on time, a rarity for the perennially late Biden. Hur introduced himself, noted the presence of a tape recorder that would be recording the session, listed everyone in the room, and began matter-of-factly interrogating the president.

The topics were straightforward, according to the people familiar with the matter and Hur’s later report, tracking years-old movements of boxes full of documents, including those that were packed up as Biden finished his vice-presidential term. Hur asked how documents were packed and shipped, and by whom. Biden was asked when he purchased specific file cabinets and what he stored in them.

There were a few moments when one side or the other cracked a modest joke, with a mood more conversational than confrontational. But the subject matter, and the tone, was mostly dry and factual, according to the people.

In some cases, Hur or his assistants would ask Biden to confirm that the handwriting on certain documents was his own — including on a folder that contained “Afganastan,” a misspelling that prosecutors later said repeatedly showed up in Biden’s writing dating back to the 1980s.

The president’s team had spent significant time preparing Biden to discuss his role in handling the documents, as well as his views on the propriety of keeping notecards where he had jotted down classified information, assuming that was what Hur was interested in. They did not anticipate that the president’s ability to recall dates or other details would figure into the questioning, let alone form such a devastating element of Hur’s report.

“Christ, that goes back a way,” Biden said at one point, reviewing a folder that read “Pete Rouse,” a longtime Senate staffer who was later an aide to President Barack Obama.

Biden at times told Hur he had limited knowledge of how the documents ended up where they did. He was asked at one point how a binder labeled “Beau Iowa” ended up in a well-worn box in his garage that also contained sensitive government material. Beau Biden, the president’s son, died of brain cancer in 2015.

“’Somebody must’ve, packing this up, just picked up all the stuff and put it in a box, because I didn’t,” he said, according to Hur’s report.

Hur later recounted that Biden could not remember exactly what year his vice-presidential tenure began or ended, citing that as evidence his memory was “significantly limited.” The president’s allies forcefully reject that characterization.

At some point, the discussion turned to the year when Beau died; Hur later reported that Biden could not recall the year with specificity. Biden has angrily denied not knowing when his son passed away, adding that it was not Hur’s business to ask such a question in the first place.

It is unclear exactly how Beau Biden came up during the interview, but some classified documents were found intermingled with photos of Beau and condolence notes that were received after his death. Investigators also reviewed Biden’s notebooks, some of which included “entries about purely personal subjects, such as the illness and death of his son, Beau,” they later reported. Beau also came up as they asked about his post vice-presidential pursuits, which included the Cancer Moonshot.

In addition, investigators explored the use of classified materials for Biden’s book “Promise Me, Dad,” which covered the aftermath of Beau’s death, though they concluded that no secret material made it into publication.

After several hours of questioning on Oct. 8, the two sides came to a stopping point and finished for the day. Later that afternoon, a live band could be heard from outside the White House as the president and first lady Jill Biden hosted a barbecue for staffers of the executive residence and their families.

The next day was Columbus Day, a Monday and a federal holiday. In the morning, Biden met with his senior national security advisers to continue discussing the situation in Israel. They were especially concerned about Iran and its proxies seizing advantage of the unstable situation and the possibility that the conflict could spread and engulf the broader Middle East.

One senior administration official involved in the Israel response, speaking on the condition of anonymity to discuss private discussions, said they had no idea that Biden had also been sitting for the special counsel interviews in the midst of the international crisis.

Biden planned that afternoon to speak with close allies of the United States, in hopes of sharing information and coming up with a joint position and strategy. But first, around midday, it was time to continue the meeting with the special counsel and his team. The two sides again filed into the Map Room, where the setup was the same as the day before.

One line of inquiry that afternoon involved a memo that Biden had sent to Obama in 2009 about Afghanistan — a classified document that Biden took from the White House and was later found in his garage, sitting in a damaged cardboard box near a dog crate, a broken, duct-taped lamp, and synthetic firewood. Biden had a copy of the memo, the special counsel later said, because he viewed it as a key piece of evidence showing that he was right to argue within the Obama administration for a drawdown of troops in Afghanistan, a recommendation Obama nonetheless rejected.

Biden told Hur that he had stayed up late on Thanksgiving, writing by hand the only memo that he ever sent solely to Obama and no one else in the government, Hur’s report said.
“I was trying to change the president’s mind, and I wanted to let him know I was ready to speak out … and to really, quite frankly, save his ass,” Biden told the special counsel during the Oct. 9 interview.

He initially told Hur that he was not aware he had kept the memo after his vice presidency ended in January 2017. Asked a follow-up question, he responded, “I guess I wanted to hang on to it for posterity’s sake. I mean, this was my position on Afghanistan. And it later became discussed …. It became discussed inside the foreign policy establishment that I was recommending it.”

Emerging from the interview, Biden and his team felt the sessions had mostly gone as expected. It never occurred to them that Hur’s final report would provide scathing descriptions of Biden’s ostensible memory lapses, making his conclusions politically explosive even as he concluded that no charges were merited against Biden for mishandling classified documents.

The shock of Biden’s lawyers is evident in a letter they wrote in response to the report.
“At the outset of the interview, you recognized that the questions you planned to ask ‘relate to events that happened years ago,’ but nonetheless expressed your hope that the president would ‘put forth [his] best efforts and really try to get [his] best recollection in response to the questions we ask,’” Biden’s attorneys wrote. “It is hardly fair to concede that the president would be asked about events years in the past, press him to give his ‘best’ recollections, and then fault him for his limited memory.”

All that, however, was in the future. For the moment, Biden’s lawyers felt the interview had gone as well as could be expected.

And Biden had more urgent issues.

Immediately after the interview concluded, he walked to the Oval Office to meet with his national security team and call European counterparts. He also called Sen. Cory Booker (D-N.J.) who was in Israel, to check on him and see if there was anything the White House could provide.

That night, the White House was illuminated in blue and white, the colors of the Israeli flag, to express solidarity with an ally that had just lost more than 1,000 citizens to a terrorist attack and was about to launch a long, deadly war. Biden, according to a person close to him, had retired to the residence that night to work on a speech he would deliver the next day.


Yasmeen Abutaleb, Perry Stein and Tyler Pager contributed to this report.

Matt Viser is a White House reporter for The Washington Post. He joined The Post in October 2018, covering the midterms and the 2020 presidential election before moving over to the White House to cover President Biden’s administration. He was previously deputy chief of the Washington bureau for the Boston Globe.

Marcy Wheeler, at her Empty Wheel blog, submits the nearly 400-page Robert K. Hur report to a close textual analysis and concludes that his long-winded effort to find evidence of Biden’s criminality produced nothing other than his gratuitous and mean-spirited comments about Biden’s mental health. The full post is not reproduced here. Open the link to finish it.

She begins:

In the middle of his explanation for why he believed that Joe Biden had willfully retained classified records pertaining to Afghanistan but that he couldn’t prove that beyond a reasonable doubt, Special Counsel Robert Hur admitted that jurors “who are unwilling to read too much into” what Hur describes as an 8-word utterance would find his case lacking.

But reasonable jurors who are unwilling to read too much into Mr. Biden’s brief aside to Zwonitzer–“I just found all the classified stuff downstairs”–may find a shortage of evidence to establish that Mr. Biden looked through the “Facts First” folder, which is the only folder known to contain national defense information. These jurors would acquit Mr. Biden of willfully retaining national defense information from the “Facts First” folder.

I’m puzzled how this is not a confession that he, Hur, was really reading too much into two file folders the FBI found in a box in Biden’s garage.

Indeed, that’s what two bizarre chapters in his story are, Hur the novelist, spinning a story about this box because, he admitted much earlier, this is the best he’s got.

As explained in Chapter Eleven, the strongest case for criminal charges against Mr. Biden relating to the Afghanistan documents would rest on his retention of the documents at the Virginia home in 2017.

The only other retained documents he even considered charging were Biden’s diaries, which Biden seems to have kept under the Presidential Records Act’s exclusion of diaries from the definition of Presidential Records (though Hur included a picture of Biden taking notes in one of these notebooks during a key meeting in the Situation Room, so that notebook, at least, was a Presidential Record).

(3) The term “personal records” means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes–

(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;

To sustain his claim that those notebooks represented willful retention that he couldn’t prove, Hur got in a squabble about the precedent set by Ronald Reagan’s diaries, which similarly included classified information, but which weren’t charged even after they bcame key evidence in the Iran-Contra investigation. Biden had a precedent to rely on, and so Hur didn’t charge.

So left with only the box in the garage to appease the Republicans, Hur worked backward from this reference in a conversation Biden had with his ghost writer in 2017, the 66-word utterance on which he built a 388-page report:

So this was – I, early on, in ’09-I just found all the classified stuff downstairs-I wrote the President a handwritten 40-page memorandum arguing against deploying additional troops to Iraq-I mean, to Afghanistan-on the grounds that it wouldn’t matter, that the day we left would be like the day before we arrived. And I made the same argument … I wrote that piece 11 or 12 years ago. [my emphasis]

Only Hur didn’t call it a 66-word utterance. He called it an 8-word utterance, repeating those bolded eight words 23 times in the report without mention of the 40-page memorandum that Biden mentioned in the same sentence. Only once did he provide the full context.

Biden’s attorneys argued that given that Biden mentioned it in the very same sentence, it’s more likely that Biden was referring to that memo than two folders of documents found in a box in Biden’s garage.

We believe that an accurate recitation of the evidence on this point would recognize the strong likelihood that the President was referring in the recording to his private handwritten letter to President Obama — the one mentioned on this recording immediately after the eight words that you are focused on — rather than the marked classified Afghanistan documents discovered in the Wilmington garage.

There were drafts of the memo — which Biden wrote over Thanksgiving in 2009 in an attempt to dissuade President Obama from surging more troops into Afghanistan — in the box in the garage, but the FBI found the hand-written memo itself stored elsewhere in Biden’s Wilmington home. It too had classified information in it, but Hur treated it like the diaries it was found in, something Biden wrongly treated as a personal document.

Because these documents on Afghanistan were the only thing he had, Hur went to some length to spin a story that might be consistent with Biden finding those documents in a rental house in Virginia in early 2017 and, just weeks after having sent other marked classified documents back to the Naval Observatory, deciding to keep them.

Part of that involved telling two stories, which narratively collapse events from 2017 with the discovery of the documents in question, to provide motive.

Hur’s first attempt suggested that Biden willfully retained these documents to help write his book, Promise Me, Dad, on which he was working with the ghost writer to whom he mentioned classified documents.

MR. BIDEN’S SECOND BOOK, PROMISE ME, DAD, AND THE DISCOVERY OF CLASSIFIED AFGHANISTAN DOCUMENTS

Like many presidents, Mr. Biden has long viewed himself as a historic figure. Elected to the Senate at age twenty-nine, he considered running for president as early as 1980 and did so in 1988, 2008, and 2020. During his thirty-six years in the Senate, Mr. Biden believed he had built a record in both domestic and foreign affairs that made him worthy of the presidency.

In addition to the notebooks and notecards on which he took notes throughout his vice presidency, Mr. Biden collected papers and artifacts related to noteworthy issues and events in his public life. He used these materials to write memoirs published in 2007 and 2017, to document his legacy, and to cite as evidence that he was a man of presidential timber.

Only, that story didn’t work, because Promise Me, Dad wasn’t about Afghanistan, it was about Beau’s death and Biden’s subsequent decision not to run for President in 2016. And while Hur tried to fudge what surely was the result of a classification review, that book had no classified information in it.

Please open the link to finish this excellent exegesis of the Hur report.

Heather Cox Richardson confirmed my reaction to the Hur report. It rambles on repetitively and tediously for 388 pages. But a one-page summary would have told its central funding: classified documents— from the 1970s and from his Vice-Presidency (2009-2017), mostly in his hand-written notebooks—were found in his homes and offices, but there will be no charges against him because there is no evidence of a crime. Biden was completely exonerated. The report’s multiple references to Biden’s age, mental acuity, and memory were gratuitous.

The media takeaway, however, was purely political: Biden’s mental fitness to serve as President became the headline, not the fact that he was completely exonerated.

Should Merrick Garland have expected something different from a prosecutor who is a member of the Federalist Society and who previously was appointed by Jeff Sessions and Trump? Of course, the full report would have leaked, given the political background of its author.

Garland had the duty to review the voluminous and repetitive text before it was released. He could have decided that it should be condensed into a 1-3 page summary, as the investigation of Mike Pence’s documents was. But Garland was afraid it would leak so he didn’t touch it.

Richardson writes:

Yesterday, Special Counsel Robert Hur, appointed by Attorney General Merrick Garland in January 2023 to investigate President Joe Biden’s handling of classified documents before he was president, released his report. It begins: “We conclude that no criminal charges are warranted in this matter. We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.” The Department of Justice closed a similar case against former Vice President Mike Pence on June 1, 2023, days before Pence announced his presidential bid, with a brief, one-page letter.

But in Biden’s case, what followed the announcement that he had not broken a law was more than 300 pages of commentary, including assertions that Biden was old, infirm, and losing his marbles and even that “[h]e did not remember, even within several years, when his son Beau died” (p. 208).

As television host and former Republican representative from Florida Joe Scarborough put it: “He couldn’t indict Biden legally so he tried to indict Biden politically.”

Biden, Vice President Kamala Harris, and their teams came out swinging against what amounted to a partisan hit job by a Republican special counsel. The president’s lawyers noted that it is not Department of Justice practice and protocol to criticize someone who is not going to be charged, and tore apart Hur’s nine references to Biden’s memory in contrast to his willingness to “accept…other witnesses’ memory loss as completely understandable given the passage of time.”

They pointed out that “there is ample evidence from your interview that the President did well in answering your questions about years-old events over the course of five hours. This is especially true under the circumstances, which you do not mention in your report, that his interview began the day after the October 7 attacks on Israel. In the lead up to the interview, the President was conducting calls with heads of state, Cabinet members, members of Congress, and meeting repeatedly with his national security team.”

Nonetheless, they note, Biden provided “often detailed recollections across a wide range of questions, from staff management of paper flow in the West Wing to the events surrounding the creation of the 2009 memorandum on the Afghanistan surge. He engaged at length on theories you offered about the way materials were packed and moved during the transition out of the vice presidency and between residences. He pointed to flaws in the assumptions behind specific lines of questioning.”

They were not alone in their criticism. Others pointed out that Republicans have made Biden’s age a central point of attack, but Politico reported last October that while former House speaker Kevin McCarthy (R-CA) was publicly mocking Biden’s age and mental fitness, he was “privately telling allies that he found the president sharp and substantive in their conversations.” Dan Pfeiffer of Pod Save America and Message Box noted that the report’s “characterizations of Biden don’t match those relayed by everyone who talks to him, including [Republicans].”

He explained: “There are few secrets in [Washington], and if Joe Biden acted like Hur says, we would all know. Biden meets with dozens of people daily—staffers, members of Congress, CEOs, labor officials, foreign leaders, and military and intelligence officials…. If Biden was regularly misremembering obvious pieces of information or making other mistakes that suggested he was not up to the job, it would be in the press. Washington is not capable of keeping something like that secret.”

But the media ran not with the official takeaway of the investigation—that Biden had not committed a crime—or with a reflection on the accuracy or partisan reason for Hur’s commentary, but with Hur’s insinuations. Josh Marshall of Talking Points Memo noted that the New York Times today ran five front-page stories above the fold about the report and Biden’s memory….

As far back as 1950, when Senator Joe McCarthy (R-WI) insisted—without evidence—that the Department of State under Democratic president Harry Truman had been infiltrated by Communists, Republicans have used official investigations to smear their opponents. State Department officials condemned McCarthy’s “Sewer Politics” and the New York Timescomplained about his “hit-and-run” attacks, but McCarthy’s outrageous statements and hearings kept his accusations in the news. That media coverage, in turn, convinced many Americans that his charges were true.

Other Republicans finally rejected McCarthy, but in 1996, congressional Republicans frustrated by the election of Democratic president Bill Clinton in 1992 and the Democrats’ subsequent expansion of the vote with the so-called Motor Voter law in 1993 resurrected his tactics. They launched investigations into two elections they insisted the Democrats had stolen. They discovered no fraud, but their investigation convinced a number of Americans that voter fraud was a serious problem.

There were ten investigations into the 2012 attack on two U.S. government facilities in Benghazi, Libya, in which four Americans were killed and several others wounded; Republican-dominated House committees held six of them. Kevin McCarthy bragged to Fox News personality Sean Hannity that the Benghazi special committee was part of a “strategy to fight and win” against then–Secretary of State Hillary Clinton.

The strategy of weaponizing investigations went on to be central to the 2016 election, when Trump ran on the investigation of Clinton’s email practices, and to the 2020 election, when Trump tried to weaken Biden’s candidacy by trying to force Ukraine president Volodymyr Zelensky to say that Ukraine was opening an investigation into Hunter Biden and the company he worked for.

Going into 2024, the House is investigating Hunter Biden, and while witness testimony and evidence has not supported their contention that President Biden is corrupt, the stench of the hearings has convinced a number of MAGA voters of the opposite.

And now the media appears to be falling for this strategy yet again.

Political commentator Brian Tyler Cohen outlined how Biden’s performance disproves the argument that he is unfit for the presidency: “The thing about Biden’s memory,” Cohen wrote, “is that he’s presided over the addition of ~15 million jobs & 800k manufacturing jobs, 23 straight months of sub-4% unemployment, surging consumer sentiment, wages outpacing inflation, the American Rescue Plan, Inflation Reduction Act, CHIPs Act, PACT Act, infrastructure law, gun safety law, VAWA, codified marriage equality, canceled $136 billion in student loan debt for 3.7 million borrowers, bolstered NATO, and presided over electoral wins in ‘20, ‘22 and ‘23….”

It may be, though, that the report has been a game changer in a different way than Hur intended it. Hur’s suggestion that Biden does not remember when his son died seems to echo the moment in the 1954 Army-McCarthy hearings in which Senator McCarthy was trying to prove that the U.S. Army had been infiltrated by Communists. Sensing himself losing, McCarthy attacked on national television a young aide of Joseph Nye Welch, the lawyer defending the Army.

“Have you no sense of decency, sir?” Welch demanded. “At long last, have you left no sense of decency?” McCarthy didn’t, but Americans did, and they finally threw him off the public stage.

Biden supporters took their gloves off today, producing videos of Trump’s incoherence, gaffes, and wandering off stages, and noting that he mistook writer E. Jean Carroll, whom he sexually assaulted, for his second wife, Marla Maples, when asked to identify Carroll in a photograph. They also produced clips of Fox News Channel personalities Sean Hannity and Jesse Watters messing up names themselves on screen, and gaffes from Republican lawmakers.

Senior communications advisor for the Biden-Harris campaign T.J. Ducklo released a statement lambasting Trump for a speech he gave tonight in Harrisburg, Pennsylvania, saying: “Tonight, he lied more than two dozen times, slurred his words, confused basic facts, and placated suingvthe gun lobby weeks after telling parents to ‘get over it’ after their kids were gunned down at school. But you won’t hear about any of it if you watch cable news, read this weekend’s papers, or watch the Sunday shows.”

But it was Biden who responded most powerfully. “There’s even a reference that I don’t remember when my son died,” he told reporters. “How in the hell dare he raise that…. I don’t need anyone to remind me when he passed away.” And when asked about Hur’s dismissal of him as a “well-meaning, elderly man with a poor memory,” Biden responded with justified anger: “I am well-meaning, and I’m an elderly man, and I know what the hell I’m doing. I’ve been President. I put this country back on its feet.”