Archives for category: Extremism

Thom Hartmann reflects on the question: are we living in a police state yet?

Read his article and judge for yourself.

He wrote:

Tuesday morning in Houston, Lorenzo Salgado Araujo did what he’d done nearly every morning for 35 years. He woke at 5 a.m., kissed his wife goodbye, loaded his van, and drove off to pick up his construction crew in Magnolia Park, the neighborhood that’s anchored Houston’s Mexican American community for a century. 

He’d raised three sons in that city; they became a teacher and two engineers. He had no criminal record, and he was partway through the legal process of getting a work permit, biometrics and fingerprints already done.

By 7 a.m. he was lying face down on Canal Street with a bullet in his abdomen, crying out for help in Spanish while a federal agent knelt over him talking on the phone. He died at Ben Taub Hospital, the same hospital where two of his sons were born. The Harris County medical examiner has ruled the manner of his death a “homicide.”

ICE says he rammed their vehicle and “weaponized” his van to run down an officer, who fired in self-defense. His family says he almost certainly thought the unmarked cars tailing him were thieves after his work tools, because the men following him wore no insignia identifying them as law enforcement. 

The League of United Latin American Citizens says photographs of the vehicles show little visible damage, which is a strange thing for a van that supposedly rammed a law enforcement vehicle hard enough to justify lethal force. David Bier of the libertarian Cato Institute reviewed newly surfaced footage and concluded it appears to show ICE initiating contact with Salgado Araujo’s vehicle, not the other way around; Norm Ornstein looked at the same evidence and called it “cold-blooded murder.” 

The federal government has released no body camera footage, no dash camera video, and no photos of the damage it claims exists. The three eyewitnesses who were in the van, including Salgado Araujo’s own brother, are in ICE custody and can’t speak out. The Harris County District Attorney is trying to investigate, but her office says access to key evidence “remains under federal control.”

The president of Mexico announced this week that her government will pursue legal action against the United States over the killing. The historical inversion packed into that sentence is complete: Mexico is now appealing to international bodies to protect its citizens from American police violence.

Which brings us to the question people keep asking me on my radio show and on social media: “Are we in a police state yet?” And the question underneath it, the one that really matters: “How would we know?”

I lived in Germany for years, working with Salem International, some of that time in the little village of Höchheim hard up against the East German border, where the guard towers and the death strip were part of the landscape you saw on your way to buy bread. 

I crossed through Checkpoint Charlie into East Berlin in 1986 and felt what a mature police state does to ordinary people: the lowered voices indoors, the glance over the shoulder before anybody said anything real. (If you’ve never experienced that world, watch the brilliant film The Lives of Others; it captures the East German surveillance state better than anything else on film.)

My spiritual mentor and employer in Germany, Gottfried Müller, had been an intelligence officer in Hitler’s army who renounced Nazism, was captured by the British in Iran, and spent most of the war in prison; he devoted the rest of his life to peace work. 

And my dear old friend Armin Lehmann, who was the teenage Hitler Youth courier in the Führerbunker who delivered the news to Hitler that the war was lost (I still have a picture of him with Hitler, that’s on the cover of his book), spent his last decades in America as a peace activist. 

Both men told me essentially the same story about how it began. It started getting scary, they noted, when the regime began to explicitly come after verbotener Gedanke, “forbidden thought.” For example, the radio stations, they said, used to encourage ordinary Germans to call in — to the shows and to the police — and “out” their neighbors who weren’t sufficiently loyal to the regime. Informing became one of the highest expressions of patriotism.

The Germans even have a word for the process by which their entire society was brought into line during 1933 and 1934: as Timothy Snyder notes, it’s Gleichschaltung, a coordination, a synchronization. 

Germany didn’t become a police state in a day, and there was never an announcement.

There was just a series of Fridays, each one slightly worse than the last, until one day the question, “Are we in a police state?” had become dangerous to ask out loud.

So instead of waiting for an announcement that’s never coming, let’s do what Herr Müller would have done and run through the inventory necessary to create a fascist police state:

— A police state is a nation where the police answer to the leader rather than to the law, and where nobody outside the leader’s circle is permitted to hold them accountable. It’s a nation where they can arrest, beat, torture, imprison, and even kill with both anonymity and impunity.

In January, ICE officer Jonathan Ross reportedly shot Renee Good, a 37-year-old mother of three, through the window of her car in Minneapolis, and Border Patrol agents killed Alex Pretti, an ICU nurse, on a public street days later. Within hours, then-Homeland Security Secretary Kristi Noem was calling both dead Americans “domestic terrorists,” a slander she refused six times under oath to retract. 

Murder is a state crime, and in America state investigators have always worked police shootings alongside the feds. Not this time. The FBI agreed to a joint investigation with Minnesota’s Bureau of Criminal Apprehension the morning Good was killed, then reversed itself the same day after Trump declared Minnesota officials “crooked.” 

Federal agents physically blocked state investigators holding a valid judicial warrant from the scene of the Pretti shooting. Federal prosecutors who wanted to pursue the Good case as a civil rights matter were pressured until they resigned. Today, Good’s car sits shrink-wrapped and unexamined in an FBI warehouse in Brooklyn Center, Minnesota, and the state has been forced to sue the federal government just to learn the names of the agents who killed two of its citizens. 

Hennepin County Attorney Mary Moriarty called the categorical withholding of all evidence “unprecedented in American history.” Now the same machinery has closed around the killing of Lorenzo Salgado Araujo in Houston. It won’t be the last time.

— A police state imprisons its dissidents, and it makes the sentences spectacular so everyone else gets the message.

On June 23, federal judges in Fort Worth sentenced eight members of a local book club who held a July 4, 2025 protest outside the Prairieland ICE detention center to a combined 450 years in prison, a figure the Justice Department bragged about in its own press release. Benjamin Song, who fired at an officer after the officer drew his weapon on the crowd, got 100 years. 

Maricela Rueda, a doula and mother who was acquitted by the jury of every violent count against her, got 70 years in prison. Five others who were likewise acquitted of the attempted murder and firearms charges got 50 years apiece, because prosecutors persuaded the jury that wearing black and using the Signal messaging app constituted “material support for terrorism.” 

And Daniel Sanchez Estrada, a Denton teacher and poet who wasn’t even at the protest, got 30 years for moving a box of anti-fascist political zines at his wife’s request, literature the prosecutors admitted was protected by the First Amendment. 

For comparison, Proud Boy leader Enrique Tarrio was sentenced to 22 years for orchestrating the seditious conspiracy of January 6th, and Trump pardoned him anyway. In this America, leading an armed attempt to overthrow the government earns you a pardon, while a book club that protests ICE earns its members what amounts to life without parole.

— A police state criminalizes thought itself, as well as any expression of or action on that thought, no matter how “otherwise legal” it may be.

Last September, Trump signed NSPM-7, a national security directive that names “anti-Americanism, anti-capitalism, and anti-Christianity” as “indicators of domestic terrorism” and calls anti-fascism the “organizing rallying cry” of domestic terrorists. Consider how many of the roughly 75 million Americans who voted against Trump it could plausibly cover. 

In December, then-AG Pam Bondi ordered every federal law enforcement agency to mine five years of data for anything “Antifa-related” by average Americans and hand it to the FBI, and directed the Bureau to publicize its domestic terrorism call-in tip line and establish a cash reward system for informants. 

The FBI has since retooled its roughly 200 Joint Terrorism Task Forces and their 4,000-plus personnel toward the American “left” and stood up a new Joint Mission Center that’s investigating the funding of anti-Trump protest movements and payment of bounties while actual crime fighting goes begging. 

When Herr Müller and Armin told me about German radio hosts urging listeners to inform on their neighbors, I thought I was hearing history, but it turns out I was hearing a forecast, and the American version pays cash.

— A police state knocks on your door in reaction to your opinions, should you dare to express them out loud or in print.

In January, a Rochester software professional named David Streever sent a three-paragraph email to then-ICE Director Todd Lyons after watching the videos of ICE killings in Minneapolis. 

“You are a monstrous human being and will go down in history as America’s Reinhard Heydrich, the butcher,” he wrote. “You will torment yourself until your last day on Earth.” 

The email contains no threat of any kind, just a prophecy about a man’s conscience, the kind of furious letter Americans have been writing to powerful officials since before there was a Constitution to protect the practice. 

Five months later, two federal agents rang his doorbell while he was in Finland with his seven-year-old daughter and handed his wife a document headed “WARNING NOTICE” and “YOU MAY BE IN VIOLATION OF FEDERAL LAW.” When he flew home, an agent showed up at his New York City hotel, a hotel whose location his wife had never disclosed, meaning Homeland Security found him anyway. 

He’s now suing with the help of FIRE, the Foundation for Individual Rights and Expression, which could, like the Southern Poverty Law Center and multiple DC law firms, cause the Trump regime to put FIRE in their crosshairs next. 

That same week, federal agents confronted Paigelynne Gonyea while she was working the polls during New York’s primaries, over an Instagram post about the already-publicly-identified officer who killed Renee Good. Federal agents questioned this poll worker, at her polling place, during an election, about her opinion of a federal agent who killed an American citizen on live video for the world to see.

— A police state builds a security force loyal to the leader and his oligarch cronies rather than the nation.

Pentagon documents reviewed by The Washington Post describe a new National Guard “quick reaction force” of roughly 23,500 troops across all fifty states, trained for domestic riot control, with the first units ordered ready by last January 1 and the rest by April, timed neatly to the midterms. 

Trump has claimed “unfettered authority” to deploy troops into American cities, boasting “I could send the Army, Navy, Air Force, Marines, I can send anybody I wanted,” while governors are cut out of the chain of command and Pete Hegseth has barred military personnel from even talking to Congress without approval. 

Vladimir Putin built exactly this in 2016; he called it Rosgvardiya, and its job was never national defense but regime preservation. Hitler built his version too, and it started small, as a “protection detail,” which in German is Schutsstaffel. History remembers it as the SS.

— A police state needs a compliant press, and you don’t have to nationalize the networks when you can simply arrange for a friendly morbidly rich oligarch to buy them.

Last month the Justice Department approved Paramount’s $111 billion acquisition of Warner Bros. Discovery, placing CNN, CBS News, HBO, and two major studios under David Ellison, Larry Ellison’s nepo-baby and a Trump ally who, the Wall Street Journal reported, privately assured administration officials he’d make “sweeping changes” at CNN if he got that network, too. 

— A police state rewrites the past, because people who remember accurate history make poor subjects. As George Orwell wrote of fascism: “Who controls the past controls the future: who controls the present controls the past.”

In March of last year Trump signed an executive order called “Restoring Truth and Sanity to American History,” and the sanitizing began: the National Park Service was ordered to strip signs and exhibits about slavery from national parks, including “The Scourged Back,” the famous photograph of the whip-scarred back of a man named Peter who escaped enslavement in Louisiana, and materials about John Brown’s raid at Harpers Ferry. 

In Philadelphia, the administration went to court to replace the interpretive panels at the President’s House telling the story of the nine human beings George Washington enslaved there. 

Trump himself complained that the Smithsonian was “OUT OF CONTROL” because its museums discussed “how bad Slavery was,” and this past weekend, on the Fourth of July no less, the White House released a report declaring that the National Museum of American History “cannot be trusted” to tell America’s story, faulting its director for, among other sins, wanting to move the museum away from an “America First mentality.” 

That’s the same slogan under which 20,000 American Nazi sympathizers rallied at Madison Square Garden in 1939 beneath swastikas and a three-story portrait of George Washington, a chapter of our history this crowd would clearly prefer you never learn. 

Herr Müller and Armin lived through the original version of this, too: within months of taking power the Nazis had burned the books, purged the universities and museums of “un-German” scholarship, and rewritten the textbooks so that German children would grow up inside a glorious past that never existed. Control what people remember and you control what they’ll accept.

— And finally, a police state controls the vote.

In January, FBI agents raided Fulton County’s election warehouse and seized more than 650 boxes of 2020 ballots and voter rolls on an affidavit that omitted the state findings debunking its own claims, with then-DNI Tulsi Gabbard on scene and Trump personally on the phone with the agents. 

On Tuesday, the same day Lorenzo Salgado Araujo was killed, the Justice Department sent letters to the election chiefs of all fifty states threatening each of them individually with criminal prosecution if noncitizens are found on their rolls, giving them five days to respond, this after the department lost eleven straight court cases trying to seize those very rolls. 

Yesterday, Trump removed from office all of the members of the Federal Election Assistance Commission, an independent, bipartisan agency created by Congress that has the power to call out and punish election fraud, illegal campaign tactics and spending, and vote-rigging when it’s committed by candidates, parties, or state or local officials. It’s now effectively shut down. 

And when senators asked, under oath, whether ICE agents would be kept away from polling places this November, both Kristi Noem and her successor and former plumber Markwayne Mullin refused to rule it out, while the White House press secretary said she “can’t guarantee” it and Steve Bannon openly muses that ICE at the airports was a “test run” for ICE at the polls.

So, are we in a police state yet?

Armin and Herr Müller taught me that we’re asking the wrong question — or at least at the wrong moment — because nobody ever wakes up one morning and notices, “Gee, I guess I’m inside a police state…”

Instead, a police state gets assembled around you, one component at a time, while officials assure you that each component is perfectly normal and even necessary to “maintain order” or, more insidiously, to “preserve freedom.” 

Milton Mayer, in his 1955 book They Thought They Were Free, described how good, decent Germans came to accept fascism. He was a Chicago reporter who, following World War II, went to Germany to interview ten “average Germans” to try to learn how such a terrible thing could have happened and, hopefully, thus prevent it from ever happening here. 

The stories he heard are so familiar to me, as I heard the same things over and over when living in Germany in the 1980s while talking with people who’d kept their heads down through the 1930s and early 1940s just to survive day-to-day. 

“What happened here was the gradual habituation of the people,” a German college professor told Mayer, “little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could understand it, it could not be released because of national security….”

As Mayer’s professor friend noted, and Mayer recorded in his book:

“This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter. …

“To live in this process is absolutely not to be able to notice it — please try to believe me — unless one has a much greater degree of political awareness, acuity, than most of us had ever had occasion to develop. … [O]ne no more saw it developing from day to day than a farmer in his field sees the corn growing. One day it is over his head.”

In this conversation, Mayer’s friend suggests that he wasn’t making an excuse for not resisting the rise of the fascists but was simply pointing out what happens when you keep your head down and just assume that ultimately the good guys will win:

“You see,” Mayer’s friend continued, “one doesn’t see exactly where or how to move. Believe me, this is true. Each act, each occasion, is worse than the last, but only a little worse. You wait for the next and the next. …

“But of course this isn’t the way it happens. In between come all the hundreds of little steps, some of them imperceptible, each of them preparing you not to be shocked by the next. Step C is not so much worse than Step B, and, if you did not make a stand at Step B, why should you at Step C? And so on to Step D.

“And one day, too late, your principles, if you were ever sensible of them, all rush in upon you. The burden of self-deception has grown too heavy, and some minor incident, in my case my little boy, hardly more than a baby, saying ‘Jew swine,’ collapses it all at once, and you see that everything, everything, has changed and changed completely under your nose.”

In a police state, everything seems the same, Mayer’s friend told him. You still go to work, cash your paycheck, have friends over, go to the movies, enjoy a meal out. The regime even backs down from time to time, making things seem ever more normal. Little victories, you tell yourself.

Except, as the German professor told Mayer, they’re not. One day, he said, you inevitably realize that:

“The world you live in — your nation, your people — is not the world you were in at all. The forms are all there, all untouched, all reassuring, the houses, the shops, the jobs, the mealtimes, the visits, the concerts, the cinema, the holidays.

“But the spirit, which you never noticed because you made the lifelong mistake of identifying it with the forms, is changed. Now you live in a world of hate and fear, and the people who hate and fear do not even know it themselves; when everyone is transformed, no one is transformed. Now you live in a system which rules without responsibility even to God.”

So, here we are. The unaccountable killings, the show trials, the informant bounties, the door knocks over emails, the leader’s praetorian guard, the captured press, the rewritten history, and now the reach for the ballots themselves: every component is now built, tested, and humming.

But what we still have, and what the DDR and the Third Reich did not, is one more election in which the machine’s operators can be stripped of their power by the people they’re trying to frighten. 

That’s precisely why they’re working so hard on the machinery of that election, and precisely why the single most subversive act available to a free American this year is to vote, and to help everyone you know do the same.

So call the Capitol switchboard at 202-224-3121 and tell your senators and representative to defend state authority over elections, demand independent investigations of the killings of Renee Good, Alex Pretti, and Lorenzo Salgado Araujo, and put a statutory ban on federal agents at the polls. 

Check your registration right now at vote.org, because voter roll purges are already happening in Red states. 

Sign up to be a poll worker in your county; they want poll workers intimidated, and the answer to that is more of us, not fewer. 

Program the Election Protection hotline into your phone, 866-OUR-VOTE, and share it. 

Support the people fighting this in court, from FIRE to the Blue state attorneys general. 

And if this piece helped you see the machinery used to construct a police state more clearly, please share it and support independent media like my Hartmann Report, because a free press that can’t be bought by billionaires is one component of democracy they haven’t figured out how to seize. 

At least not yet.

Trump pardoned the convicted criminals who were sentenced because of their actions on January 6, 2021. Those who committed the most serious crimes were accused of seditious conspiracy and did not receive a pardon. They are leaders of the Proud Boys, a group of right wing extremists. They were later pardoned by Todd Blanche.

CNN reported:

(CNN) — A federal judge on Friday dismissed the seditious conspiracy case against several Proud Boys members — granting a request from Trump’s Justice Department and undoing one of the Biden administration’s most celebrated victories against those who it said inspired the January 6, 2021, attack on American democracy.

US District Judge Timothy Kelly, a Trump appointee, begrudgingly agreed to drop the case against the four members, saying he “lacks the authority to compel the Executive to pursue a prosecution, full stop.”

“President Trump’s views about the prosecution of those who attacked the U.S. Capitol on January 6—whether those views are based on fact or fiction—are well known, as is his intention to extend clemency to them through the Executive Order,” Judge Kelly said, referring to Trump on his first day back in office signing an order commuting their sentences.

Trump’s order granted pardons to over 1,000 people convicted in the attack but left in place the convictions of the four Proud Boys members — Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola.

In April, the Justice Department under Todd Blanche moved to vacate their convictions.

Dismissing the case against the Proud Boys associates erases some of the most serious convictions from the sprawling investigation of the US Capitol riot, one of the largest federal investigations in US history. Nordean, Biggs and Rehl were found guilty in 2023 of seditious conspiracy and a range of other charges. Pezzola was found not guilty of seditious conspiracy but convicted on other charges related to January 6.

The US district judge who sits in Washington, DC, said in his order that the Trump administration sought to “treat this case essentially the same way it has all January 6 cases, without regard for the seriousness of the conduct at issue or even whether the case was initiated after President Biden took office or, like this one, while President Trump was still in power.”

“The decisions to issue the Executive Order and to abandon this prosecution—even after the Government secured convictions for serious crimes relating to the attack on the Capitol on January 6—are solely the Executive’s,” Kelly continued. “No one should mistake the Court’s granting of the Government’s motion for its agreement with those decisions.”

Rehl, one of the Proud Boys members, celebrated the dismissal in a post on X, saying, “Finally, it’s all over! January 6th can now be a thing of the past for me!”

Enrique Tarrio, the former leader of the group who had also been pardoned by Trump, was also quick to boast on X Friday night: “Justice is served! Proud Boys don’t lose. We win. This is our victory.”

Trump has long lambasted the January 6 prosecutions as an injustice against his supporters, even referring to those in jail as “hostages.”

The president has repeatedly called January 6, 2021, “a day of love and peace” and claimed his supporters posed “zero threat.” His comments are contradicted by hundreds of video clips of Trump supporters beating police with flagpoles, batons, wooden clubs and baseball bats; deploying stun guns and chemical sprays; and engaging in hand-to-hand combat with police officers.

The judge, calling the insurrection “a perilous event,” said it was “an attack on people, including police officers, many of whom were injured. It was an attack on a coordinate branch of government—Congress—that the Founders saw fit to give a place of primacy in Article I of the Constitution. And it was an attack on the Constitution’s mechanism to facilitate the peaceful transfer of power from one president to the next, what President Reagan called ‘nothing less than a miracle.’”

Closing his order with a somber warning, Kelly said, “Moving forward, if this Nation’s experiment in self-government is to last another 250 years, the American people—no matter their partisan preferences—will have to act together to preserve, protect and defend that miracle through our constitutional framework.”

Jan Resseger is a perceptive observer of policy and a passionate defender of children. She writes on this post about the myriad ways in which Trump’s signature legislation harms children. This bill will make many children hungrier, poorer, and less healthy.

She writes:

Huge omnibus laws filled with myriad amendments and unrelated provisions are always passed without sufficient public attention to the details and long term consequences.  House Resolution 1, which the President has called the “One Big Beautiful Bill” was an omnibus tax and reconciliation law. President Trump signed HR 1 into law just a year ago on the 4th of July. The law poses a number of threats to the well-being of children and to public schooling.  Many of us who follow public education policy are well aware of the Trump administration’s expansion of the privatization of public education with the new tuition tax credit school voucher program buried in HR 1, but other provisions of this federal law have also begun imperiling the welfare of our society’s most vulnerable children. The damage will only expand in the coming months and years.

The Center on Budget and Policy Priorities recently updated threats to children’s welfare in HR1: “Already the law is raising costs for families and taking away health coverage, food assistance, and other essentials from people who are already struggling to afford to meet their basic needs—all while showering more tax breaks on the wealthiest households and funding a violent immigration detention and deportation agenda. The law’s harm will only deepen as its more than $1 trillion in cuts for Medicaid and the Affordable Care Act… marketplaces fully take effect and states fully implement SNAP eligibility restrictions and take drastic measures ahead of the federal government’s significant shift of SNAP costs to states… (T)he law’s cuts will expand the still-deep inequities long experienced by those who face the most economic discrimination and poverty, including Black, Latino, and Indigenous people and families with people who are immigrants.”

For political reasons, many of HR 1’s punitive provisions were delayed so that they will kick in only after the 2026 midterm election. The provisions with some of the most serious implications for families with children include future cuts to Medicaid and the Children’s Health Insurance Program (CHIP). The Center on Budget and Policy Priorities predicts: “The harmful… megabill will take health coverage away from millions of people and dramatically raise health care costs for millions more.  The law cuts $1.1 trillion from Medicaid and ACA marketplaces… The work requirement… will take away coverage for childless adults and some parents who can’t prove that they are participating in countable ‘community engagement’ activities at least 80 hours per month.”

KFF adds: “For the first time, the law conditions Medicaid eligibility for Medicaid expansion enrollees on meeting work and reporting requirements. These work requirements, which will go into effect in January 2027, or sooner at state option, represent the largest source of enrollment declines in the law.”

There are, however, two areas in which HR 1 has already seriously impacted families with children.

Sharp Drop in SNAP Participation     It has been widely predicted that millions of families who need food assistance will, by 2028, loose access to food stamps (SNAP) due to the provisions of HR 1. The Center on Budget and Policy Priorities’ Dottie Rosenbaum and Joseph Llobrera report, however, that the sharp drop in access to SNAP has actually begun in 2026:

“Millions of people are losing food assistance through SNAP due to the 2025… HR 1.  This includes many children and others not targeted by HR 1’s eligibility restrictions.  In fact, more people are losing SNAP, and faster, than the Congressional Budget Office (CBO) predicted.  The latest data show that about 4.7 million fewer people (including 808,000 children)  participated in SNAP in March 2026 compared to the average month in fiscal year 2025… The most likely reason is the impact of HR 1’s shifting of enormous new SNAP costs to states, which they owe starting in fiscal year 2028.  CBO estimated the cost shift mandate would have no impact until 2028, but it has already led many states to erect barriers to people’s SNAP participation, such as requiring more paperwork and imposing other requirements that states often don’t have the staff to administer.”  In 2028, HR 1 requires states to start paying part of SNAP costs, and states are already trying to make participation “harder to navigate” with “more paperwork, shortening certification periods or adding more case reviews.” (Emphasis is mine.) HR 1 ‘s SNAP requirements will reduce future coverage among parents by adding a work requirement for parents and caregivers of children who are 14 years old or over.

This week the Center for American Progress released a report demonstrating that HR 1 may eventually  also reduce free school meals for children and school districts that now qualify: “When children lose access to SNAP and Medicaid, they may also lose their direct certification for free school meals. This harm expands beyond individual impacts. As a result, schools participating in the Community Eligibility Provision CEP may fall below the 25 percent of direct certified students required to qualify for the CEP, ending free school meals for the entire school or district.”

Spending on Immigration     Last July, the American Immigrant Council summed up how HR 1 would help fund the President’s expanded immigration enforcement—what we have watched during the past year: “H.R. 1 provides $170.7 billion in additional funding for immigration- and border enforcement-related activities to the Department of Homeland Security (DHS) and its sub-agencies, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP, as well as for the Department of Defense (DOD) for activities related to the military’s presence along parts of the southern border.”

The Center for Law and Social Policy (CLASP) details some of the consequences so far for children in immigrant families across the United States: “This historic ballooning of immigration enforcement funding has turbocharged family separations and child and family detention, threatening child safety and well-being. An estimated 205,000 children, 145,000 of whom are U.S. citizens, have experienced having a parent in detention… Moreover, the high level of disenrollment in SNAP and Medicaid is in part due to HR 1’s exclusion of lawfully present immigrants, such as asylum seekers and refugees, as well as the chilling effect on people whose children are likely eligible but are disenrolling because they are concerned about their participation being used against them in immigration proceedings.”

Research has shown for decades that family poverty and problems like hunger and homelessness contribute to achievement gaps as children enter school.  Thirty years ago in The Manufactured Crisis, David Berliner and Bruce Biddle declared: “the larger the proportion of citizens who live in poverty, the greater challenge for public schools.” (p. 220)

More recently the National Education Policy Center’s Kevin Welner explained the correlation of children’s economic circumstances with their school achievement: “Those of us who work in or with schools never question the enormous impact that a teacher or school can have on a student. But this essential truth coexists with another truth: that differences between schools account for a relatively small portion of measured outcome differences. That is, opportunity gaps in the U.S arise primarily outside of schools. This should not be a surprise. Poverty, concentrated poverty, and racialized poverty are pervasive features of America. School improvement efforts cannot directly help children and their families overcome decades of policies that perpetuate systemic racism and economic inequality. When children are born in the United States, their educational and life outcomes can all be predicted based on their parents’ education, income and wealth… Inequality in the U.S. is stark and enduring.”

The tangled issues buried in the mammoth HR 1, what President Trump calls the “One Big Beautiful Bill,” threaten the well-being of millions of poor children enrolled in our nation’s urban and rural public schools. It will be urgently important for educators and public school advocates to press Congress to correct the bill’s myriad injustices.

When it comes to supporting its public schools, Florida ranks dead last in the nation. Not only was it dead last of all states, it was at the very bottom in 2024 and 2025.

Florida betrays its state constitution, which contains a clear mandate to create and protect strong public schools.

Article IX, Section 1(a) states:

“The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education…”

Under the misleadership of Republican politicians like Jeb Bush and Ron DeSantis, Florida has diverted billions of dollars to privately governed charter schools and unaccountable vouchers for private and religious schools and home schooling. Bush and DeSantis have ignored and abandoned Florida’s state constitution.

And among all the states, Florida’s school rank dead last.

Based on the NPE report Public Schooling in America 2026, Carol Burris, executive director of the Network for public Education, wrote:

This is the third consecutive year that Florida’s statehouse has earned last place when it comes to supporting public schools. Florida’s lawmakers don’t merely encourage privatization through charters, vouchers, and homeschools; they actively engineer conditions that undermine public schools and worsen the environment for teaching and learning.

The damage from Florida’s universal voucher program is staggering. Close to four billion dollars in state education funding now flows annually to voucher programs — nearly one in four state education dollars diverted away from public schools, including to families whose children never set foot in a public school. And the funding mechanism puts the burden directly on school districts, which must absorb the loss.

Meanwhile, Florida continuously revises its school rating standards to ensure more public schools are labeled as failing, while simultaneously incentivizing and subsidizing charter expansion. Its Schools of Hope program even allows charters to colonize unused space inside public school buildings. Success Academy’s Eva Moskowitz teamed up with a Florida billionaire to help draft the enabling legislation, then used it to muscle her chain into the Miami charter market with generous public funding in tow.

Fifty percent of Florida’s charter sector is run by for-profit operators — one of the highest shares in the nation. Only Michigan has more. Florida is home to Academica, the largest for-profit charter chain in the country, and to Charter Schools USA. Both profit from the real estate they build and lease back to their own branded schools.

Charter schools claim to be equally open to all students. That is not the case in Florida, which lost points for the numerous enrollment privileges its laws permit. Florida is one of a small number of states that allow company-based charter schools. The Villages, the largest retirement community in the country, has its own charter school, and it functions less like a school of choice than a company store. The school was created by the community’s developer, and at least one parent must be employed by The Villages or a company that services it. If that parent quits or is fired, the child must leave immediately. For a low-wage service worker who might want to change jobs, the school becomes a trap — a reason to stay put rather than pursue something better.

Florida sinks to the bottom not only because of its weak charter and voucher laws and the financial incentives it offers to expand privatization, but because it actively undermines its public schools through policy and funding decisions at every turn. Florida lost every possible point on school funding — whether measured by cost-of-living-adjusted teacher salaries, equitable funding distribution, or funding based on capacity to pay. It has low teacher satisfaction, high student-to-teacher and student-to-counselor ratios, weak anti-bullying laws, and it still permits corporal punishment.

Of 102 possible points, Florida disgracefully earned only 14. You can read our full NPE 2026 report card here.

In a stunning victory for the First Amendent’s guarantee of free speech, a federal appeals court overturned Florida Governor Ron DeSantis’s “Stop WOKE” act. A district court judge had previously issued a preliminary injunction on the law, calling it “positively dystopian.”

The state contended that it paid the professors’ salaries and had the authority to tell them what to teach. The appeals court decision disagreed, by a 2-1 vote. The dissenting judge–Barbara Lagoa– was appointed by Trump.

The opinion said:

“Florida’s salary-for-speech rule is a breathtaking assertion of power to ban unpopular ideas from public discourse in the very places the state’s own statutes recognize as centers of inquiry — classrooms where students are trusted to puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth,”

The dissenting judge wrote:

“We need not agree or disagree with Florida that the viewpoints at issue here constitute racial discrimination,” Lagoa wrote. “We need only acknowledge that the state is allowed to decide what is endorsed by its professors in its own classrooms.”

The American Civil Liberties Union announced:

TALLAHASSEE, FL – The U.S. Court of Appeals for the 11th Circuit today struck down the higher education provisions of the Stop W.O.K.E. Act, a classroom censorship law in Florida that severely restricted educators from teaching about race and gender in schools and workplaces. The court ruled the higher education provision of the law was unconstitutional, saying: “Florida’s salary-for-speech rule is a breathtaking assertion of power to ban unpopular ideas from public discourse in the very places the State’s own statutes recognize as centers of inquiry—classrooms where students are trusted to puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth.”

The court goes on to say it does not matter if the State of Florida agrees or disagrees with the ideas. “Either way, in this context the First Amendment trusts students to figure it out for themselves.”

“This ruling sets a strong precedent that higher education cannot be limited to the whims of politicians,” said Leah Watson, senior staff attorney with the ACLU’s Racial Justice Program. “All students and educators deserve to have a free and open exchange about ideas without government control. Students can’t fight racial discrimination that they don’t see; training and instruction is key to empowering future leaders to pursue racial justice.”

The decision comes in Pernell v. Lamb, a 2022 lawsuit filed by the American Civil Liberties Union, ACLU of Florida, the Legal Defense Fund (LDF), and the law firm Ballard Spahr on behalf of a group of Florida professors at public universities whose teaching has been impacted by this law.

“We are thrilled the court has stopped the erasure of topics that have real implications for our students, allowing them to learn, discuss, and develop tools for combatting the complex issue of racism in our country without being gagged by those who would dictate that only state-approved thought may be promoted,” said LeRoy Pernell, a Florida A&M University College of Law professor and the named plaintiff in this lawsuit.

Championed by Gov. Ron DeSantis, this overreaching law specifically targeted and placed vague restrictions on educators’ ability to teach concepts such as racism, sexism, privilege, and unconscious bias. It also imposed harsh penalties, including ineligibility for millions of dollars in performance funding from the state for colleges and universities and termination for educators who had been found to violate the law.

The court concluded, “[i]f the First Amendment oers any boundary of protection at all for public university classrooms, this statute crosses it.”

“The Stop W.O.K.E Act is an egregious example of widespread efforts across the country, most notably in Florida, to force the public higher education system to adopt the viewpoints of those in power. Thankfully, we have a judicial system to protect First Amendment rights and ensure that professors have the academic freedom to foster the type of learning environment where all students can learn and thrive,” said Jin Hee Lee, Director of Strategic Initiatives at the Legal Defense Fund. “It is no coincidence that this state law aimed to censor the perspectives of Black people and LGBTQ+ people, the very same people who are currently under attack. With this decision, the federal appeals court has made clear that Florida cannot actively erase their history of discrimination or their lived experiences without running afoul of our Constitution.”

This decision marked the first time an appellate court has considered the constitutionality of this censorship movement, and it will have implications for students and educators across the country who are subject to related laws. Since the Stop W.O.K.E Act went into effect, more than 30 states have moved to introduce and pass higher education classroom censorship bills. In May 2024, a federal court struck down a law in another ACLU lawsuit in New Hampshire, holding that the law’s vagueness violated the 14th Amendment. A similar higher education classroom censorship law was struck down in an ACLU lawsuit in Oklahoma, ruling that many of its provisions were so vague that it was difficult for teachers to know what they could and could not teach in the classroom.

“By upholding the district court’s ruling, the Eleventh Circuit ensured that our system of higher education is guided by the principle of free speech, not government censorship,” said Carrie McNamara, senior staff attorney at the ACLU of Florida. “Our classrooms are meant to be rooms of curiosity, creativity, and learning. When we stifle this kind of critical thinking, we risk losing our education system as we know it.”

“The recent legislative efforts to undermine academic freedom and limit the rights of marginalized communities are incredibly harmful,” said Emmy Parsons, a litigator at Ballard Spahr who was a member of the legal team. “We are proud to be part of this historic case and will keep fighting to protect the First Amendment rights of those teaching the next generation of leaders.” 

The opinion can be viewed below.

Documents


Jul 7, 2026

Pernell v. Lamb – Court Order

The FBI has assigned 200 agents to pore through the ballots cast in the Presidential election in Georgia in 2020. You may recall that in 2020, Georgia was controlled by Republicans. In January 2, 2021, Trump called Secretary of State Brad Raffensberger and asked him to find 11,780 votes, which was one more than Joe Biden had. Raffensberger wouldn’t do it. The Georgia votes were counted and recounted three times, once by hand. In all three recounts, Trump lost. But Trump is still searching for proof that he won.

What a sore loser!

The Associated Press reported:

ATLANTA (AP) — The FBI has asked its field offices across the country to dedicate more than 200 staffers to its investigation of the 2020 election in Georgia’s Fulton County.

A memo obtained Thursday by The Associated Press calls for the FBI to “surge” 260 investigative analysts and staff operations specialists to the effort, which it described as a “priority investigation.”

It said each of them is to conduct a check of an estimated 708 records by July 17. While the memo does not describe the investigation, people familiar with the matter who insisted on anonymity to discuss internal decision-making confirmed the request was to help with the Georgia 2020 election investigation.

FBI agents in January seized hundreds of boxes containing ballots and other documents related to the 2020 election in Georgia’s most populous county, which is heavily Democratic and includes most of the city of Atlanta. A Fulton County spokesperson declined to comment citing a pending investigation. The contents of the memo were first reported by MS NOW.

President Donald Trump and his allies have made false claims that widespread election fraud cost him the 2020 election. Georgia’s votes in the 2020 presidential race were counted three times, including once by hand, and each count affirmed Democrat Joe Biden’s win.

The Justice Department has previously said it is investigating “irregularities that occurred during the 2020 presidential election in the County.”

Carol Burris, executive director of the Network for Public Education, was the author of the recent report Public Schooling in America: Our 2026 Report Card on the States. The subtitle: THE BEST AND THE WORST STATEHOUSES FOR SUPPORTING PUBLIC SCHOOLS AND THEIR STUDENTS.

She wrote recently to explain why Ohio received a low grade:

Ohio lost more points on privatization in the NPE Report Card than any other state — more than Florida, more than Arizona. Its charter and voucher policies are among the most expansive and least accountable in the nation. The only reason Ohio does not rank at the very bottom is that it continues to fund its public schools at a relatively adequate level. That margin is shrinking.

The charter sector tells a particularly troubling story. Half of all charter schools in Ohio are operated by for-profit companies — an unusually high share even by national standards. Yet nearly half of all charter schools that have ever opened with enrollment in the state have since closed, a closure rate of 49 percent. These are not isolated failures. They reflect a system designed with too few guardrails and too little accountability.

A significant portion of these for-profit schools are credit recovery operations and online schools — low-cost, maximum-profit models held to lower academic standards than traditional public schools. Nearly one in three charter students in Ohio — 30 percent — attends a virtual school or an institution where instruction is delivered primarily online.

What explains so much low-quality supply? Ohio’s authorizing structure is a central culprit. The state permits multiple authorizers, including nonprofits that collect millions in authorizing fees and have a financial incentive to approve and retain schools regardless of performance.

Ohio also has more voucher programs than any other state in the country — eight in total — further diverting public dollars away from the students and communities that depend on public schools.

If Ohio continues on its current trajectory, the consequences are predictable: further erosion of public school funding, further decline in the rankings, and fewer educational options as the neighborhood public school choice disappears. 

Timothy Snyder is a leading historian of Europe. He was a professor at Yale University. Last year, he accepted a professorship and chair at the University of Toronto, because he feared that Trump was taking the U.S. into a fascist future.

He wrote this post for publication today. It includes a video, which you may watch by opening the link.

He writes:

On the Fourth of July, Americans celebrate a rebellion…

We are told today, by the men who would humiliate us, that America was founded in a spirit of innocence, that its leaders never did anything wrong, and that patriotism means insisting on our own blamelessness and assigning all evil to others. 

If we accept that offer, we not only get history wrong, but we cede our own power to change things for the better. We let the oligarchs steal our money and the fascists rob the greater treasure of our liberty.

If the republic has lasted so long, it is because it was radical in its beginnings. Insofar as it has thrived, it has been through successful and continual struggles against its own limits. 

And that has only been possible because Americans have seen those limits, because they have chosen to see the truth about their history and themselves. I was thinking of self-recognition and self-correction ten years ago when I wrote On Tyranny; today, as a small part of a celebration our two hundred and fifty years, some friends of freedom have joined me to read its lessons aloud.

On Tyranny (the book)

On Tyranny (free resources)

In On Tyranny, I wrote that “the precedent set by the founders demands that we examine history to understand the deep sources of tyranny.” The truth on which this country was founded is not that people are perfect, but that they are not. They — we — are vulnerable to those who amass wealth and deploy propaganda. We can be turned against one another. Because we are imperfect, said the founders, we place our trust not in any one person — no kings, no tyrants — but in a system of laws, checks and balances, and civic representation by voting that allows us to live in the dignified understanding that power arises from consent.

The rebellion of 1776, in other words, arose from ideas of what was right — “life, liberty and the pursuit of happiness“ — but no one thought that those good things could be established once and for all. The point was to create conditions under which we could see, at every moment, the problems that we tend to create ourselves, and under which we could find solutions to those problems. This included — with time, with work, with suffering, with pain borne by some more than others — the ability to see the humanity in one another, to see the horror of slavery for what it was, and to recognize that we all deserve an unhindered voice and an unhindered vote.

On the Fourth of July, 1776, nothing was completed. Something was undertaken, at great peril and risk. The founders did not think of themselves as great men whose faces should be on mountains, as demigods whose stone faces should invite us to submit to future tyrants. When, in the words of the Declaration of Independence, they pledged to one another “our lives, our fortunes and our sacred honor” it was in a cause that they believed was right, but it was also in a cause that was difficult, even desperate.

After victory in the Revolutionary War, the founders debated how to found a republic, conscious of the failures of liberty in history. They knew from the ancient Greeks that oligarchies — rule by a few wealthy men — easily coalesce. They understood from the Roman Stoics that freedom requires a self-discipline that defied the immediate circumstances. They saw from the failed republics of their own times that wealth easily captures institutions. And so in a second moment of insight, they added a Constitution to the Declaration of Independence.

Sadly, those who lead our official celebration today represent every threat to liberty that the founders named: arbitrary rule; indifference to law; undue accumulation of wealth; corruption of the government to attain that wealth; collusion with foreign powers to attain power. And we confront a spirit that is contrary to freedom, one that tells us that we should trade a history of freedom for the smoke of fireworks and a face mirrored on a mountain. The past is being used to tell us that we have no choice but to accept the present.

As Frederick Douglass reminds us, in a great speech on another Fourth of July, “the cause of liberty may be stabbed by the men who glory in the deeds of your fathers.” That is, sadly, exactly what is happening today. That is the essence of today’s official commemoration. As he understood, the founders, though wrong about many things, were rebels in their own time, people who took risks. To celebrate them justly is not to wish that the past return, or to worship them as flawless, or least of all to accept the aspiring tyrant who is undoing the best of their work.

To celebrate a rebellion means not to obey in advance, not to accept any of this as normal: not the lies told about the history by the people destroying our future, not the saccharine veneration of the Constitution by people who violate it every day, not the seizure of the mantle of revolution by a band of reactionary oligarchs. It is to be as courageous as you can: to speak the truth, to protect the elections we still have, and above all to organize in a great a joyful coalition.

History is not something that our oligarchs and fascists can take, try though they will today. History is what we make. It does not come to us. We come to it — with what we know, what we say, and what we do. Nothing in history dooms us; and nothing in history saves us. In the months between now and the next elections, there will be much forecasting, speculating, and worrying. None of that matters. All that matters is organizing a great and joyful coalition.

All that matters is the work. If my words are useful, if the beautiful reading here of my words is useful, it is only because those words bring you to act.

To celebrate a rebellion is to know that, from a flawed world, we can make new things. We can hold on, we can find each other, and not just imagine but create a much better America.

PS: The lessons: (1) Do not obey in advance; (2) Defend institutions; (3) Beware the one-party state; (4) Take responsibility for the face of the world; (5) Remember professional ethics; (6) Be wary of paramilitaries; (7) Be reflective if you must be armed; (8) Stand out; (9) Be kind to our language; (10) Believe in truth; (11) Investigate; (12) Make eye contact and small talk; (13) Practice corporeal politics; (14) Establish a private life; (15) Contribute to good causes; (16) Learn from peers in other countries; (17) Listen for dangerous words; (18) Be calm when the unthinkable arrives; (19) Be a patriot; (20) Be as courageous as you can.

On June 22, retired Judge J. Michael Luttig, a greatly revered Appeals Court Judge, delivered these remarks to the Election Integrity Summit of the Cleveland Municipal Bar Association and the Task Force for American Democracy in Cleveland, Ohio. Despite his conservative credentials, he has been one of the most critical voices raised against Trump since January 6, 2021. His resistance to tyranny makes you wonder why most other conservatives have not spoken out on behalf of the rule of law.

He said:

Thus it is that in less than two weeks, on July 4, 2026, we will celebrate the birth of the greatest nation on earth, the greatest experiment in self-government in the history of the world.

In 1787, after the Revolutionary War to secure our independence from the tyrannical King George III, “We the People of the United States . . . ordain[ed] and establish[ed] the Constitution of the United States in Order to form a more perfect Union.” The Constitution was ratified and adopted by the States and became the Great Charter for our self-government and the guarantor of our cherished rights and liberties on June 21, 1788.

On July 4, 1776, the American Colonists declared their independence from King George III and the British Crown, two hundred and fifty years ago almost to the day “bringing forth on this continent a new nation conceived in liberty and dedicated to the proposition that all men are created equal.”

For the 250 years since its Founding, America has been the envy of the world and the beacon of freedom and liberty because of the shining light of its Democracy, Constitution, and Rule by Law, not by men.

But as we all know, today America is not the same beacon of freedom or the same envy of the world that it has been for a quarter of a millennium.

Today, two hundred and fifty years later, we are again engaged in a great battle “testing whether this nation, or any nation so conceived and so dedicated, can long endure.”

Prophetically, these times in which we live on the 250th Anniversary of this nation’s Founding are — once again – the times that try men’s souls.

As we celebrate our Founding today, the question for “We the People” of America is whether we are willing to do the sacred work necessary to return our country to its deserved place as the beacon of freedom and envy of the world, whether we are willing to do the hard, but sacred, work necessary to ensure that America will long endure.

As we struggle to decide what we ourselves want for America and what we want our America to be – and not to be – the entire world is anxiously awaiting our answer, more anxiously awaiting our answer today than it awaited our answer a quarter of a millennium ago.

Two hundred and fifty years into the greatest experiment in self-government in human history, the time of America’s testing has finally come.

The Founders of this great nation feared these times in America.

In this 250th Anniversary year, America’s institutions of government and governance and its institutions of democracy and of law are under vicious, unsustainable, and unendurable attack – from within.

At this point, five and a half years since January 6, 2021, the 47th President of the United States has all but wrought the complete inversion of our nation’s positive law — the Constitution and laws of the United States – our moral law that has been passed down to us through the ages, and even our biblical law as found in both the Old and New Testaments of the Bible, including The Ten Commandments.

But where, say some, is the King of America? I’ll tell you, friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Great Britain . . . Let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king.

For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.

But lest any ill use should afterwards arise, let the Crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is.

Thomas Paine, Common Sense (1776).

Speaking in a time of similar moral and legal upheaval in America nearly two centuries ago, a 29-year-old state legislator, who would later become the 16th President of the United States, urged a revival to the Constitution and the Rule of Law, a renewed reverence for that Great Charter for our governance and guarantor of our liberty and our freedoms.

“Let reverence for the laws,” the young Abraham Lincoln implored, “be breathed by every American mother to the lisping babe that prattles on her lap — let it be taught in schools, in seminaries, and in colleges; let it be written in Primers, spelling books, and in Almanacs; — let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. . . .”

“[I]n short,” Lincoln sermonized with the reverence he urged, let the Constitution and the Rule of Law “become the political religion of the nation.”

Today, America is in desperate need of such a revival to our Constitution and Rule of Law as our 16th President urged upon the nation in 1838 – a reawakening and quickening to the reverential imperatives of the Constitution from which we have strayed so very far.

Winston Churchill said that “Courage is rightly esteemed the first of human qualities, because . . . courage is the quality which guarantees all others.”

We Americans must summon the courage that has eluded us in our all-consuming fear over the past decade of years. We must summon from deep within the courage that was once our Founders’ courage when, “with a firm reliance on the protection of divine Providence, they mutually pledged to each other their Lives, their Fortunes and their sacred Honor” to secure their — and our — liberty and freedom.

With the united support of a hopeful world, we Americans must overcome our fear. We must find our voices again.

We must finally – finally – rise to our feet, raise our voices, and speak out against what we are witnessing in America today.

After all, ours is a nation founded upon dissent and protest.

America’s protest against the British Empire 250 years ago is the single greatest protest in all of history – a revolutionary protest and dissent from the tyranny and oppression of King George III.

Until now, we Americans have never hesitated to support, defend, and protect our cherished liberties, our freedoms, and our fundamental constitutional rights from governmental tyranny, whether it be from abroad or from at home.

Why are we hesitating now? Why are we silent now, at the very time of America’s testing, on this 250th Anniversary of America’s birth? Why have we Americans chosen to remain silent or why have we allowed ourselves to be silenced and betray, in this fateful year of years?

Why have we suddenly lost our voices, two and a half centuries since we were gloriously given our voices by the Constitution of the United States?
I will tell you. We have lost our voices because of fear. Fear of ridicule, fear of political reprisal. Fear of political persecution. Fear of personal persecution. Even fear of prosecution. In far too many cases, fear for our lives and livelihoods.

Fear of the known and fear of the unknown, the unknown as to when this all ends and how.
We can be forgiven for our fear, but we will never be forgiven for our cowardice in the face of our fear.

The Founders of this great country did not cower in their fear, and unlike us, they had reason to fear. When the men who founded the greatest nation on earth first came face to face with fear, “they mutually pledged to each other their Lives, their Fortunes and their sacred Honor.” They stared down their fear and defeated fear itself.

There is no excuse or defense for the cowardice that is inflicting America today, especially the cowardice that has consumed our political leaders. Nor is there forgiveness awaiting those who have cowered or been cowered, least of all those we have elected to represent us and our country.

Dr. Martin Luther King, Jr., hauntingly warned that “In the End, we will remember not the words of our enemies, but the silence of our friends.”
We should pray that we will not be remembered for our cowardice and our cowered silence in these times when America needed us most.

If we are to be victorious over the evil that is warring for the heart and soul of America today, it is going to take the courage of the armies of God and the moral clarity of the collective voices of “We the People.” It is we who “ordained and established” this Constitution” “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility . . . and secure the Blessings of Liberty to ourselves and our Posterity.” Ours is the righteous war, not theirs.

America is calling and we must answer.

If we answer and but find the courage to speak our powerful truth to our government’s powerless untruth now — today, not tomorrow — as did the Founders and our ancestors when their time of testing came, the United States of America will soon again be the envy of the world and it will endure forever as the beacon of freedom and liberty to the world.

Once we have finished the righteous and noble task at hand, we must then finish the great task that yet lies ahead of us 250 years since our Founding.

But “[t]he dogmas of the quiet past, are inadequate to the stormy present. . . . As our case is new, so we must think anew, and act anew,” as Abraham Lincoln exhorted the nation in 1862.

So then, this must it be in this 250th Anniversary year. We Americans must think anew and act anew. We must re-found America again. We must reacquaint ourselves with the truths that we once believed were self-evident – and still are. We must reawaken ourselves to the ideals, the beliefs, the principles, the values, and the truths upon which America was founded and has flourished for two and a half centuries – and reexamine these foundational truths, beliefs, and principles, if need be.

We must build anew the hopes and the dreams upon which this country was founded, the hopes and dreams that have inspired us and bound us together into the more perfect union that “We the People” ordained and established, the hopes and dreams that have made America the greatest nation on earth.

We must “turn this government back into the channel in which the framers of the Constitution originally placed it,” as Abraham Lincoln once urged.

We must shore up and reinforce the bulwark of our faltering democracy and Rule of Law and refortify the institutions of our law and democracy. “Preserving virtuous institutions is its own noble purpose,” David French put it so well.

And as we refortify and restrengthen our sacred institutions of law and democracy, we need to inspire among our citizenry a reverential revival to the Constitution and to the Rule of Law. Above all else, America is “[a] government of laws, and not of men.” We are desperately in need of a revival, a revival that will renew and revitalize the flagging faith of the American People in our Constitution and Rule of Law, the organic law of our ordered liberty.

We have no other choice than to pass the test laid down for us by our ancestors, to ensure that this “nation so conceived in Liberty and dedicated to the proposition that all men are created equal will long endure.”

And when this storm has passed, we must promise ourselves and the generations that follow that we will never again take our Democracy and our Constitution for granted. We must learn from these tumultuous times – never to forget – that our Democracy and Rule of Law are fragile and can be wrested from us in an instant, even by those among us, if we are not ever-vigilant.

Almost two centuries ago, that same young man of mere twenty-nine years who would one day become President of the United States foretold of the “danger” “from within” that is preying on America today. Listen to Abraham Lincoln’s prescient and ominous warning.

We toiled not in the acquirement or establishment of them–they are a legacy bequeathed us, by a once hardy, brave, and patriotic, but now lamented and departed race of ancestors. Their’s was the task (and nobly they performed it) to possess themselves, and through themselves, us, of this goodly land; and to uprear upon its hills and its valleys, a political edifice of liberty and equal rights; ‘tis ours only, to transmit these . . . to the latest generation that fate shall permit the world to know.

At what point shall we expect the approach of danger? Shall we expect some transatlantic military giant, to step the Ocean, and crush us at a blow? Never! . . .

At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time or die by suicide.

I hope I am over wary; but if I am not, there is, even now, something of ill-omen, amongst us. I mean the increasing disregard for law which pervades the country; the growing disposition to substitute the wild and furious passions, in lieu of the sober judgment of Courts; and the worse than savage mobs, for the executive ministers of justice.[6]

What, then, must we Americans do today, if we are to bequeath this “political edifice of liberty and equal rights” to our descendants, this legacy that was bequeathed to us by “our once hardy, brave, and patriotic, race of ancestors”?

I will tell you. We must “dedicate ourselves to the great task that yet remains before us” 250 years later. “[‘T]is ours only, to transmit this ‘goodly land’ and this ‘political edifice of liberty’ . . . to the latest generation that fate shall permit the world to know.”

We in the profession of law belong to one of the most honorable and honored, the most noble and nobilified, and the most venerable and venerated of professions.

Of our Founding Fathers, 35 of the 55 delegates to the Constitutional Convention in 1787 were lawyers or had legal training. Of the Framers of our Constitution, 32 of the 55 were lawyers. Of the “Committee of Five” tasked by the Continental Congress with writing the Declaration of Independence, 4 were lawyers.

We in the legal profession are the guardians and stewards of the Constitution and the Rule of Law, the foundations of our democratic nation and the guarantors of our liberty.

We lawyers take an oath to support and defend the Constitution of the United States.
We are uniquely qualified, positioned, and obligated to defend our Constitution, our Rule of Law, and our democracy – and we must do so today, tomorrow, and the next day, until the present existential threat is no longer.

Thereafter, at long last finally understanding their fragility, we must forever protect and preserve the Constitution and America’s Democracy, as we are obligated by oath to do.
If this sounds as if the lawyer holds a special place in the constitutional order that is our democracy and that we are weighted by an almost-sacred responsibility, it is because we do, and we are.

We have a high appointment, and we have a high charge.

There comes a time in every single one of our lives – whether that life be private or public – when we are summoned to attest to our beliefs and convictions, when we are summoned to stand, bear witness, and affirm what we believe and what we do not believe.

This moment of truth and decision is our moment of calling. And the decision that we must make in that moment always comes at personal cost.

When our call comes, if we answer with the courage of our convictions, we are heroes, whether we be heroes just to ourselves, to our families, our friends, our loved ones, our communities – or heroes to our country.
We call those in public life and in public service heroes who, when summoned, stand, affirm, and act to preserve and protect all that we cherish and hold dear in America.

We honor these men and women as heroes because when their time comes and they are summoned, they rise, they speak, and they act – without having to decide whether to do so. For them, there is no decision to be made, for they made their decision long before.

When their time comes, these heroes stare down fear, often profound fear – already knowing what they must do and what their sacrifice might be.
We bear witness to, and we affirm, the heroism of these heroes in order that heroism will be forever encouraged in a world in which there are vanishingly few with the strength, the will, and the courage to speak and act when they are called upon — that is, in a world where there are fewer and fewer heroes.

Members of the noble profession of law, our moment of calling has come.

We here today are being summoned, as are all Americans – to stand, bear witness, and affirm that we believe in America, that we believe in our Constitution and our Rule of Law, and that we believe in our Democracy.

You, and we, as members of the venerated profession of law are being summoned to stand, bear witness, and affirm again that we will honor the oath we took to preserve, protect, and defend the Constitution of the United States.

We must challenge and entreat each other today to commit and re-commit ourselves to the Constitution and to the Rule of Law, to pledge ourselves to these and to their protection and preservation.

We must vow today that it will be the Rule of Law that triumphs over politics and not politics that triumphs over the Rule of Law.

If we succeed in this, our sacred obligation to our country, we will have risen to what is our high calling to ensure that America long endures as a nation of laws, not of men. We will be heroes for the Constitution and the Rule of Law in America…

Friends, our task is righteous and our task is noble. Our struggle is not only for today, but also for our vast future, Abraham Lincoln reminded us. And the hour is late.


Godspeed America.

Dan Froomkin writes a blog called Press Watch. He calls out reporters who fudge the facts or distort the story by omission or commission. In this post, he critiques the press for refusing to acknowledge that Trump is racist and wants to expel 350,000 Haitians because they are Black.

This issue is important because it played an important role in the Supreme Court decision about whether to cancel the Haitians’ Temporary Protected Status. Lawyers for Haitians argued that his actions were motivated by his racism. The Supreme Court disagreed.

Froomkin believes that the press took the familiar stance of bothsiderism. Some think he’s racist, others think he’s not.

Justice Elena Kagan, who wrote the dissent for the three liberal judges, argued that Trump’s racism was undeniable, and she cited numerous vile and racist statements he had made.

Even George Will agreed with Kagan.

Froomkin wrote:

The legal and moral question at the heart of Thursday’s 6-3 Supreme Court opinion giving Donald Trump the go-ahead to deport over 350,000 mostly Haitian immigrants was a simple one: Was Trump’s decision motivated even in part by racial animus?

And that, in turn, came down to the question: Were Trump’s past statements about Haiti racist?

That is not a tough one.

Trump has accused Haitians of eating their neighbor’s pets. He has called Haiti a “shithole” country and has said he preferred immigrants from “nice” predominantly white countries. He has said that most Haitian immigrants “probably have AIDS.” He has said nonwhite immigrants are “poisoning the blood of our country.”

Even the mainstream political journalists who bend over backwards not to call Trump a racist outright have acknowledged that some of his comments about Haiti in particular qualify as racist smears and as elements of a racist and inflammatory narrative.

But after Justice Samuel Alito wrote in the majority opinion that none of Trump’s statements about Haiti were “overtly racial,” I had a bad feeling that our top political journalists would wimp out and treat Alito’s assertion as debatable –- as one of two plausible sides of a political argument –- rather than as the bald-faced, ridiculous lie that it is.

I was worried that rather than state the obvious, they would throw up their hands and say, effectively, “You decide whether what Trump said is racist or not. You decide whether his statements on race represent reasonable, legitimate political discourse. We’re not going to judge.”

Readers, I was right to worry.

Our elite political media is now bothsidesing racism.

Most of the coverage of Thursday’s Supreme Court decision -– to the extent that it raised the issue of racial animus at all — consisted of, literally, both sides. Reporters briefly quoted Alito’s opinion, briefly quoted Justice Elana Kagan’s blistering dissent, and left it at that. Jump ball.

See the Associated Press, the Washington Post, and NBC Nightly News coverage, for instance. The CBS Evening News and ABC World News Tonight whiffed entirely on the racial element.

That was bad enough.

What was even worse was the New York Times “news analysis” headlined “Justices Clash on Whether Race Played a Role in Trump’s Bid to Deport Haitians.” In it, chief legal affairs correspondent Adam Liptak explicitly treated Trump’s obvious racism as an open question, with two sides.

Here’s the top:

The Supreme Court on Thursday confronted two questions that have also confounded many Americans for the past decade: How seriously should people take President Trump’s wild, coarse and ugly statements? And are some of them marred by racial animus?

Like the country itself, the court was deeply divided on both.

This is pure poppycock. The question about Trump’s racial animus has not “confounded” many Americans. His animus is on display almost daily.

Who thinks Trump’s “wild, coarse and ugly statements” are some sort of joke? Nobody.

Indeed, everybody in touch with reality knows very well that Trump holds “racial animus.” Even Alito and the five other Trump acolytes on the high court know that, they just choose to lie about it.

To the extent that the country is “deeply divided,” it is between a minority of people who share Trump’s views and an overwhelming majority (I hope) who don’t.

And that shouldn’t be a “both sides” issue. Journalists should have the integrity to call out racist language and racist acts by name, and to cast racism as a societal ill.

The coverage should have made it clear that Alito was making an indefensible argument.

Here’s what the top of my “news analysis” would have looked like:

The six hard-right justices who control the Supreme Court on Thursday gave Donald Trump the go-ahead to deport hundreds of thousands of legal Haitian and Syrian immigrants, insisting – against a mountain of evidence – that Trump’s decision-making was not even slightly motivated by racial animus.

The Opinion

If you haven’t read the key sections of Alito’s opinion and Kagan’s dissent, they are really worth your time. The opinion approves the termination of Temporary Protected Status (TPS) for immigrants from Haiti and Syria, taking away their legal status and making them subject to deportation.

In his discussion of Trump’s comments, Alito split hairs:

The President’s comments fall into four main categories. First, many express strong objections to the immigration that this country has experienced in recent decades and to many of the immigrants who have come here, particularly those who have come to or stayed in the United States illegally. These statements associate these immigrants with crime and other social ills. Second, some statements express great displeasure with TPS. They note, among other things, that TPS designations have often been far from temporary and that aliens who are allowed to stay in the United States under the program are not vetted like other aliens who seek admission. Third, some statements broadly denigrate the countries for which TPS designations have been granted—including Haiti—portraying them as hellish places in which to live. And fourth, some statements malign Haitians who have come to the United States.

Then he concluded:

None of the cited statements by either the President or the Secretary was overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications. For example, one may oppose TPS and favor tighter restrictions on immigration for economic or other reasons that have nothing to do with race. And a person without racial bias can provide a harshly unfavorable description of living conditions in some of the countries with TPS designations. The criteria for TPS designations guarantee that many, if not most, designated countries have such characteristics.

Alito casually shrugged off Trump’s “heated language” as the new normal. (The case, Mullin v. Doe, was formerly known as Trump v. Miot):

In offering the cited statements as proof that the termination of Haiti’s TPS termination was motivated by race, Miot respondents seek to capitalize on the statements’ heated language. Political discourse by prominent public figures is increasingly couched in terms that would have scandalized the public just a short time ago, and the statements cited by Miot respondents—especially those concerning Haiti and Haitian immigrants to this country—exemplify this development. But whatever one may think of the cited statements, they are insufficient to show that the termination of Haiti’s TPS designation was based on the race of the Haitian people.

Interestingly enough, Alito personally distanced himself from Trump’s statements, expressing empathy for Haitians and writing that “there is no justification for denigrating the character of Haitians who suffer from and bear no responsibility for their country’s ills.”

I agree that there is no justification. But there is an explanation. And that explanation is that Trump is racist.

The Dissent

Kagan, in dissent, wrote that the Haitian plaintiffs had provided clear evidence that race played a role in Trump’s decision:

The evidence they have offered includes statements by the President so repellent and racially inflected that the majority declines to put them in print. (Indeed, one measure of the President’s way of speaking about Haitians is to compare it with the majority’s, which is unfailingly respectful.)

So here are some of those statements. Haitians are “eating the dogs . . . . They’re eating the cats. They’re eating—they’re eating the pets of the people that live [in Springfield, Ohio].” And: Haitians are also eating “other things too that they’re not supposed to be.” And: Haitians in the United States “probably have AIDS.” And:Haiti is a “shithole country,” which is “filthy, dirty, [and] disgusting.” And: Haitian immigration is “like a death wish for our country.” And: Haitians, along with some others, are “poisoning the blood” of our country. And: “Why is it we only take people from shithole countries” like “Haiti [and] Somalia”? “Why cannot we have some people from Norway [and] Sweden?”

The majority briefly replies that those remarks are not “overtly racial,” but it is hard to know what that means. Haitians are Black. (Norwegians and Swedes not so much.) The references—of filth, disease, and primitiveness—are shot through with racial stereotypes and tropes. It is hard to imagine the statements being made today of any White community. No very “sensitive inquiry” …. is needed to see them for what they are; judges, as we often say, are “not required to exhibit a naiveté from which ordinary citizens are free.”

The statements fairly shout, in their racial undertones and overtones alike, that race entered into the President’s resolve to remove Haitians from this country.

No reasonable person could read Kagan’s dissent and take Alito’s opinion at face value.

The Honest Takeaway

For an antidote to the mainstream media’s whitewashing of the racial issue, read Elie Mystal’s piece in the Nation, headlined: “The Supreme Court Once Again Endorses Trump’s Racism.” Mystal wrote:

Alito and the other Republicans on the Supreme Court have given constitutional protection to the openly racist and white supremacist policies of the Trump administration.

And he concluded:

The decision to ignore Trump’s racism means that the Republicans on the Supreme Court are racist. I don’t claim to know what’s in their hearts, but more to the point, I don’t care. I can see their racist actions. And their actions affirm, time and again, Trump’s own overt racial biases. It has been clear for a long time that that affirmation must be interpreted as an endorsement.

Matt Ford authored an excellent overview of the case for the New Republic, headlined: “The Supreme Court Backs Trump’s Gutter Racism.”

He wrote that “the court effectively blessed Trump’s bigotry toward Haitians and dealt potentially catastrophic damage to federal civil rights laws.” He called attention to the “echoes of Nazi Germany when the president says that a minority group is ‘poisoning the blood’ of our country.” And he concluded:

In the end, it comes as no real surprise that the Supreme Court’s conservative majority takes no issue with Trump’s description of Haiti as a “shithole country,” nor that it finds no racist motivation in describing Haitians as eating people’s pets or poisoning the blood of the American Volk. They don’t see Trump’s remarks or actions as racist because they apparently agree with him.

It’s the Whole Party

If you’re going to write about politics and racism, one of the most important stories to tell is that not just Trump, but the entire Republican Party – inspired and liberated by Trump — is becoming more and more overtly racist. And that includes the Republicans on the high court.

As I wrote in October, “It’s becoming increasingly clear that white supremacy is one of the core animating principles of the Republicans who control all three branches of government.”

Case in point, Rep. Tom Emmer of Minnesota, who as majority whip is the third-ranking Republican in the House, proudly acknowledgedovertly racist views on Thursday at a Faith and Freedom Coalition event on Capitol Hill.

“Minnesotans are so afraid that you’re gonna call us a racist, you’re gonna call us an Islamophobe…. You know what?… I’m done being careful, even the least bit careful,” he said. Somalis “don’t assimilate,” he said, “And if they don’t assimilate, then they should go the hell back to where they came from.”

This is a change. Ten years ago, Emmer was bragging about how quickly Somalis assimilated and saying he supported them “wholeheartedly.”

Racism is now rampant in one of our two political parties. But that’s not an excuse for journalists to treat it like an issue with two legitimate sides -– or to cover it up.