Archives for category: Fascism

The Trump administration is determined to punish Harvard University for defiance of its efforts to take control of Harvard’s curriculum, admissions, and faculty hiring policies. Having already suspended $2.2 billion in research grants, the Trump administration expanded its attack on Harvard.

This level of petty vengefulness is unprecedented. Trump is turning his wrath upon Harvard and weaponizing the entire federal government to force the nation’s most prestigious institution of higher education to surrender.

The headline of the story: “A Bloodbath.”

Chris Serres at the Boston Globe reported this story:

In yet another escalation of its fight against higher education, the Trump administration has moved to terminate scores of research grants at Harvard University and its medical school, imperiling scores of research projects and potentially upending the futures of dozens of young scientists.

Harvard researchers who rely on federal grants to study cancer, infectious diseases and a range of other topics began receiving termination notices en masse on Thursday from a number of federal agencies, including the National Institutes of Health, the US Department of Defense and the US Department of Energy, according to emails shared with the Globe.

The termination notices threaten tens of millions of dollars in research funding for Harvard and affect a broad swath of the university’s scientific community, including graduate students and postdoctoral researchers who are dependent on federal funding for income.

While not unexpected, the wave of termination letters has roiled the Harvard campus in Cambridge and has left many young scientists anxious about their futures, while others are scrambling to find ways to replace the anticipated loss of federal funding.

Stephen Miller is the evil genius of the Trump administration. He has built his reputation as the person with the least heart or soul. He has been the loudest advocate for kicking out immigrants, as many and as quickly as possible. Miller recently proposed that the Trump administration might need to suspend habeas corpus so as to speed up the expulsion of millions of undocumented immigrants.

Habeas corpus means literally “you should have the body.” It means that a prisoner must be brought before a court so a judge can decide if the detention is lawful.

The U.S. Constitution guarantees the right to habeas corpus in Article I, Section 9,states that the right to habeas corpus, which is a legal procedure to ensure a person isn’t unjustly imprisoned, “shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it

Miller said: “The writ of habeas corpus can be suspended in a time of invasion. So I would say that’s an option we’re actively looking at.”

Legal scholar Steve Vladeck wrote that “Miller made some of the most remarkable (and remarkably scary) comments about federal courts that I think we’ve ever heard from a senior White House official.” In this post, he explains why Miller is wrong.

He begins with Miller’s words:

Well, the Constitution is clear. And that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So … that’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not. At the end of the day, Congress passed a body of law known as the Immigration Nationality Act which stripped Article III courts, that’s the judicial branch, of jurisdiction over immigration cases. So Congress actually passed what’s called jurisdiction stripping legislation. It passed a number of laws that say that the Article III courts aren’t even allowed to be involved in immigration cases.

Vladeck writes that Miller’s view is just plain wrong:

I know there’s a lot going on, and that Miller says lots of incendiary (and blatantly false) stuff. But this strikes me as raising the temperature to a whole new level—and thus meriting a brief explanation of all of the ways in which this statement is both (1) wrong; and (2) profoundly dangerous. Specifically, it seems worth making five basic points:

Firstthe Suspension Clause of the Constitution, which is in Article I, Section 9, Clause 2 is meant to limit the circumstances in which habeas can be foreclosed (Article I, Section 9 includes limits on Congress’s powers)—thereby ensuring that judicial review of detentions are otherwise available. (Note that it’s in the original Constitution—adopted before even the Bill of Rights.) I spent a good chunk of the first half of my career writing about habeas and its history, but the short version is that the Founders were hell-bent on limiting, to the most egregious emergencies, the circumstances in which courts could be cut out of the loop. To casually suggest that habeas might be suspended because courts have ruled against the executive branch in a handful of immigration cases is to turn the Suspension Clause entirely on its head.

Second, Miller is being slippery about the actual text of the Constitution (notwithstanding his claim that it is “clear”). The Suspension Clause does not say habeas can be suspended during any invasion; it says “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” This last part, with my emphasis, is not just window-dressing; again, the whole point is that the default is for judicial review except when there is a specific national security emergency in which judicial review could itself exacerbate the emergency. The emergency itself isn’t enough. Releasing someone like Rümeysa Öztürk from immigration detention poses no threat to public safety—all the more so when the release is predicated on a judicial determination that Öztürk … poses no threat to public safety.

Third, even if the textual triggers for suspending habeas corpus were satisfied, Miller also doesn’t deign to mention that the near-universal consensus is that only Congress can suspend habeas corpus—and that unilateral suspensions by the President are per se unconstitutional. I’ve written before about the Merryman case at the outset of the Civil War, which provides perhaps the strongest possible counterexample: that the President might be able to claim a unilateral suspension power if Congress is out of session (as it was from the outset of the Civil War in 1861 until July 4). Whatever the merits of that argument, it clearly has no applicability at this moment.

Fourth, Miller is wrong, as a matter of fact,about the relationship between Article III courts (our usual federal courts) and immigration cases. It’s true that the Immigration and Nationality Act (especially as amended in 1996 and 2005) includes a series of “jurisdiction-stripping” provisions. But most of those provisions simply channel judicial review in immigration cases into immigration courts (which are part of the executive branch) in the first instance, with appeals to Article III courts. And as the district courts (and Second Circuit) have explained in cases like Khalil and Öztürk, even those provisions don’t categorically preclude any review by Article III courts prior to those appeals.

Toward the end of the video, Miller tries to make a specific point about whether revocations of “TPS” (temporary protected status) are subject to judicial review. Here, he appears to be talking about a California district court ruling in the TPS Alliance case, in which the Trump administration is currently asking the Supreme Court for a stay of the district court’s injunction (the appropriate remedy in case the district court erred). And as the plaintiffs’ response brief in the Supreme Court explains in detail, the district court had very good reasons for holding that it had the power to hear their case.

I don’t mean to overstate things; some of the questions raised by the INA’s (notoriously unclear) jurisdiction-stripping provisions can get very messy. But there’s a big difference, in my view, between reasonable disagreements over the language of complex jurisdictional statutes and Miller’s insinuation that Congress has categorically precluded judicial review in these cases. It just hasn’t.

Fifth, and finally, Miller gives away the game when he says “a lot of it depends on whether the courts do the right thing or not.” It’s not just the mafia-esque threat implicit in this statement (“I’ll make him an offer he can’t refuse”); it’s that he’s telling on himself: He’s suggesting that the administration would (unlawfully) suspend habeas corpus if (but apparently only if) it disagrees with how courts rule in these cases. In other words, it’s not the judicial review itself that’s imperiling national security; it’s the possibility that the government might lose. That’s not, and has never been, a viable argument for suspending habeas corpus. Were it otherwise, there’d be no point to having the writ in the first place—let alone to enshrining it in the Constitution.

If the goal is just to try to bully and intimidate federal judges into acquiescing in more unlawful activity by the Trump administration, that’s shameful enough. But suggesting that the President can unilaterally cut courts out of the loop solely because they’re disagreeing with him is suggesting that judicial review—indeed, that the Constitution itself—is just a convenience. Something tells me that even federal judges and justices who might otherwise be sympathetic to the government’s arguments on the merits in some of these cases will be troubled by the implication that their authority depends entirely upon the President’s beneficence.

***

It’s certainly possible that this doesn’t go anywhere. Indeed, I hope that turns out to be true. But Miller’s comments strike me as a rather serious ratcheting up of the anti-court rhetoric coming out of this administration—and an ill-conceived one at that.

During Biden’s term in office, Republicans continually complained that Biden was “weaponizing” the Justice Department because it prosecuted Trump for inciting the insurrection of January 6, 2021, and for taking classified documents to his Mar-A-Lago estate.

Days ago, the Trump administration announced that it had reached a settlement with the family of Ashli Babbitt, who was shot and killed by a police officer as she attempted to be first to break into the House of Representatives’ chamber, where members of Congress were fleeing. The family is suing for $30 million. The police officer who shot her was defending the lives of our elected representatives, both Democrats and Republicans. It’s hard to imagine any other administration, whatever the party in power, paying off the family of a woman leading a mob into the House chambers to stop the electoral vote count.

Now that Trump is president again, he has turned the Departnent of Justice into his personal law office and assigned it the mission of prosecuting anyone whoever dared to cross Trump.

Trump is gleefully using his powers to weaponize the Department of Justice and to punish his political enemies. Not a peep from the Republicans, who unjustly accused Biden of doing what Trump is literally doing.

Trump has issued executive orders targeting law firms who had the nerve to represent Democrats or other Trump critics. His orders barred lawyers from those firms from federal buildings and directed the heads of all federal agencies to terminate contracts with the firms he designated. Several major law firms, fearful of being blocked from any federal cases, immediately capitulated. Trump exacted a price for releasing them from his attack: they had to agree to perform pro bono work on behalf of causes chosen by Trump. He currently has close a billion dollars of legal time pledged to him by those law firms that feared his wrath.

Individuals targeted by Trump must either find a lawyer who will represent them pro bono or face personal bankruptcy, that is, if they can find a lawyer willing to take on the Trump administration.

A few law firms have resisted Trump’s tyranny, and one of them–Perkins Coie–won a permanent injunction to block the enforcement of Trump’s ban. Perkins Coie represented Hillary Clinton in 2016, as well as George Soros. U.S. District Judge Beryl Howell said that Trump’s attacks on specific law firms, based on the clients they represented, were unprecedented and unconstitutional.

Judge Howell cited the example of John Adams, who represented the British soldiers accused of killing five colonists in the Boston Massacre of 1770. In two separate trials, Adams prevailed. He believed that everyone deserved a good lawyer and that they had been provoked into firing. Adams was a patriot and a man who defended the law. He was not stigmatized for defending the British soldiers.

An issue that Judge Howell raised but set aside for another time was whether Trump’s orders, which single out specific groups or individuals for punishment without trial are bills of attainder, which the Constitution forbids. They surely look like it, and this issue will come up again in the future.

As law professor James Huffman wrote in The Wall Street journal about Trump’s targeting of law firms:

A presidential bill of attainder places the powers of all three governmental branches in the hands of one man. As James Madison wrote in Federalist No. 47: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands . . . may justly be pronounced the very definition of tyranny.”

Paul Rosenzweig, who worked in the George W. Bush administration, wrote in The Atlantic about Trump’s destruction of the rule of law, which he has twisted into an instrument of retribution for his personal grudges.

He writes:

When Thomas Paine asked what made America different from England, he had a ready answer: “In America, the law is king.” America has not always upheld that ideal, but, taking the long view, it has made great progress toward that principle. In recent decades, the Department of Justice has become an institutional embodiment of these aspirations—the locus in the federal government for professional, apolitical enforcement of the law, which is in itself a rejection of the kingly prerogative. That is why Donald Trump’s debasement of the DOJ is far more than the mere degradation of a governmental agency; it is an assault on the rule of law.

His attack on the institution is threefold: He is using the mechanisms of justice to go after political opponents; he is using those same mechanisms to reward allies; and he is eliminating internal opposition within the department. Each incident making up this pattern is appalling; together, they amount to the decimation of a crucial institution.

Investigations should be based on facts and the law, not politics. Yet Trump has made punishing political opposition the hallmark of his investigative efforts. The DOJ’s independence from political influence, long a symbol of its probity (remember how scandalous it was that Bill Clinton had a brief meeting with Attorney General Loretta Lynch?), is now nonexistent.

This development should frighten all citizens, no matter what their political persuasion. As Attorney General Robert Jackson warned in 1940, the ability of a prosecutor to pick “some person whom he dislikes and desires to embarrass, or selects some group of unpopular persons and then looks for an offense, [is where] the greatest danger of abuse of prosecuting power lies.” Choosing targets in this way flies in the face of the DOJ’s rules and traditions—to say nothing of the actual, grave harm it can inflict on people.

Far from eschewing the possibility of abuse, Trump and his allies at the Department of Justice positively revel in it. The most egregious example was Trump’s recent issuance of an executive order directing the government to investigate the activities of two of his own employees in the first administration, Chris Krebs and Miles Taylor, who later came to be political opponents of his. (Both men are friends and colleagues of mine.)

Their offense of perceived disloyalty is perhaps the gravest sin in Trump world, and as a result, they will now be individually targeted for investigation. The personal impact on each of them is no doubt immediate and severe. Krebs, who is a well-respected cybersecurity leader, has quit his job at SentinelOne and plans to focus on his defense. If Trump’s DOJ pursues this investigation to the limit, the two men could face imprisonment.

The cases of Krebs and Taylor do not stand in isolation. Recently, the U.S. attorney in New Jersey (Trump’s former personal attorney Alina Habba) launched an investigation into the state of New Jersey for its alleged “obstruction” of Trump’s deportation agenda. In other words, because New Jersey won’t let its own employees be drafted as servants of Trump’s policy, the state becomes a pariah in Trump’s mind, one that must be coerced into obedience.

Meanwhile, Attorney General Pam Bondi has announced that the U.S. government is suing Maine because of the state’s refusal to ban transgender athletes from playing on girls’ high-school sports teams. Not content with threatening Maine, Bondi has also announced an investigation of the Los Angeles Sheriff’s Office because of its alleged opposition to the Second Amendment and its “lengthy” process for approval of gun permits. And she recently announced that she would target leakers of classified information by going after journalists, rescinding a policy that protected journalists from being subpoenaed to assist government-leak investigations.

But the most aggressive abuser of the criminal-justice system has to be the interim U.S. attorney for the District of Columbia, Ed Martin. Martin has asked the FBI to investigate several of President Joe Biden’s EPA grantees for alleged fraud—a claim so weak that one of Martin’s senior subordinates resigned rather than have to advance it in court. He has also begun to investigate, or threatened investigations of, Georgetown UniversitySenator Charles Schumer, and Representatives Eugene Vindman and Robert Garcia, among others. More recently, in mid-April, Martin sent a series of inquiry letters to at least three medical and scientific journals, asking them how they ensured “competing viewpoints,” with the evident intention of suggesting that the failure to include certain minority opinions was, in some way, content discrimination.

A less-well-known example of Martin’s excess is his use of threats of criminal prosecution to empower DOGE. When DOGE was first denied entry into the U.S. Institute of Peace, one of the lawyers for USIP got a call from the head of the U.S. attorney’s criminal division, threatening criminal investigation if they didn’t allow DOGE into the building. Magnifying that power of criminal law, Martin sent D.C. police officers to the agency, telling the police that there was “an ongoing incident at the United States Institute of Peace” and that there was “at least one person who was refusing to leave the property at the direction of the acting USIP president, who was lawfully in charge of the facility,” according to the journalist Steve Chapman.

A final example of DOJ overreach is, perhaps, the most chilling of all. In a recently issued presidential memorandum, Trump directed the attorney general to “investigate and take appropriate action concerning allegations regarding the use of online fundraising platforms to make ‘straw’ or ‘dummy’ contributions and to make foreign contributions to U.S. political candidates and committees, all of which break the law.” Were the investigation neutral in nature, this might be understandable. But it isn’t.

In fact, there are two major fundraising platforms in use—WinRed (the Republican platform) and ActBlue (the Democratic one). Even though WinRed has been the subject of seven times as many FTC complaints as ActBlue, the Trump memorandum involves only the latter. By targeting his opponents’ fundraising, Trump is overtly marshaling the powers of federal law enforcement in his effort to shut down political opposition.

In essence, Trump is using the department to try to ensure future Republican electoral victories. One can hardly imagine a more horrifying variation on Lavrentiy Beria’s infamous boast: “Show me the man and I’ll show you the crime.”

There is more to the article. I encourage you to read it in full.

Politico and every other news media are reporting that a federal judge has ordered the immediate release of a Tufts graduate student who was arrested by ICE agents in plain clothes while walking on campus. Everyone in the U.S. has rights, not just citizens. Ms. Ozturk did not break any laws. She was within her rights to express her opinion.

BURLINGTON, Vermont — A federal judge Friday ordered the immediate release of Rumeysa Ozturk, a Turkish Tufts University Ph.D. student whose video-recorded detention by masked federal agents drew national scrutiny amid a crackdown by the Trump administration.

U.S. District Judge William Sessions III ruled that Ozturk had been unlawfully detained in March for little more than authoring an op-edcritical of Israel in her school newspaper.

“That literally is the case. There is no evidence here … absent consideration of the op-ed,” the Clinton-appointed judge said, describing it as an apparent violation of her free speech rights. He also said Ozturk had made significant claims of due process violations. “Her continued detention cannot stand.”

Sessions said the Trump administration’s targeting of Ozturk could chill the speech of “millions and millions” of noncitizens.

Secretary of State Marco Rubio had revoked Ozturk’s visa, saying her continued presence in the United States was contrary to American foreign policy interests, part of a wave of similar visa terminations targeting students who had criticized Israel or joined pro-Palestinian protests.

Trump pulled the nomination of the noxious Ed Martin, whom he had nominated to be U.S. Attorney for DC, a crucial post.

After Senator Thom Tillis of North Carolina announced that he would not vote for Martin, his nomination was dead. The vote in the Senate Juduciary Committee would be 11-11, and Martin’s name would not go to the Senate floor.

In the world of horrible nominations for important posts, this was one of the worst. Ed Martin has been a vocal defender of the January 6 insurrectionists, even those who violently assaulted police officers. Think MAGA, then think extreme MAGA, and that’s Ed Martin. It was recently revealed that Martin appeared on Russian state media more than 150 times since 2016.

Thankful there is at least one Republican in the Senate who is not kissing Trump’s feet.

Veteran prosecutor Joyce Vance shared some good news: the nomination of Ed Martin to be U.S. Attorney in DC is hanging by a thread and may be dead. Senator Thom Tillis of North Carolina interviewed Martin and said he would vote no in the Senate Judiciary Committee because Martin supported the January 6 insurrectionists, even those who assaulted police officers. Since the split on the committee is 12 Republicans and 10 Democrats, Martin’s nomination would not get to the Senate floor. If you live in North Carolina, please call Senator Tillis and thank him.

Vance writes:

Last night, I wrote to you about Ed Martin, Trump’s nominee to be the United States Attorney in Washington, D.C.. Martin, until quite recently, used the handle “Eagle Ed Martin” on Twitter, a reference to his days working for Phyllis Schlafly’s Eagle Forum. Apparently, someone mentioned to him during the last month that the handle wasn’t appropriate for a U.S. Attorney hopeful.

But no whisper in the ear could fix Martin’s other flaws, from utter lack of qualifications and knowledge about how to do the job to flagrant ties to people known for their open antisemitism. Last night, I suggested we all needed to be in touch with our senators on the Martin nomination. Although we still need to do that, the message is different now. That’s because North Carolina Senator Thom Tillis, a Republican who sits on the Senate Judiciary Committee, made it known that he won’t support Martin. 

Before Martin goes to the floor of the Senate for a confirmation vote, he has to make it out of committee. And that’s unlikely to happen now. The Senate Judiciary Committee is made up of 12 Republicans and 10 Democrats. All of the Democrats oppose Martin. With Tillis abandoning him, the best Martin could do is 11-11, and a nominee who receives a tie vote doesn’t advance. For all practical purposes, the outcome of that vote will be a death knell for his nomination.

Martin may end up rewarded for his loyal service to Trump and Musk with another plum job, one that doesn’t require Senate confirmation. But that doesn’t mean we shouldn’t celebrate the moment and the fact that it looks like he won’t be the top law enforcement officer in the District of Columbia. Defeating Martin’s nomination wasn’t a foregone conclusion—far from it. It took lots of research, lots of conversation, and lots of hard work by a lot of people. You never know which issue, or even which call or letter, is going to be the last straw. What matters is that Trump and his plans are not inevitable, and it makes a difference when all of us push back against the horrible as hard as we can.

Tillis told reporters this morning that he is unable to support Martin because of Martin’s support for defendants convicted of committing crimes in connection with January 6. He is certain to face a sustained backlash from MAGA’s inner circle, so if he’s your senator, make sure you thank him, and if your senator is on the Judiciary Committee (that’s Grassley, Graham, Cornyn, Lee, Cruz, Hawley, Tillis, Kennedy, Blackburn, Schmitt, Britt, and Moody on the Republican side and Durbin, Whitehouse, Klobuchar, Coons, Blumenthal, Hirono, Booker, Padilla, Welch, and Schiff for the Democrats) this is a good time to reach out and either thank them for opposing or encourage them to show a little backbone and follow Tillis’ lead. Martin, after all, supports the people who overran the Capitol, threatening these folks and their staff. He is the least qualified selection I can recall seeing to lead a U.S. Attorney’s office, even edging out Trump’s former attorney Alina Habba, the New Jersey nominee, who should be rejected as well. This is a very big win for pro-democracy forces.

There was also a win on a very different front, one that didn’t get a lot of national attention. Trump’s efforts to cut staff and funding at national parks have garnered a lot of attention in the protests that have cropped up across the country. Many protests have taken place at the parks themselves, notably at Yosemite, where staff unfurled an upside-down American flag atop El Capitan to signal distress. On March 1, people protested at all 433 sites in the national park system—the 63 national parks and additional sites like monuments and historic places. Americans, it turns out, love their national parks.

Despite that, the Trump administration continues to keep them on the chopping block. Last week, the Washington Post reported that the Trump administration had suspended all air-quality monitoring at national parks, stating that “The Interior Department, which includes the National Park Service, issued stop-work orders last week to the two contractors running the program, the email shows.”

The reporting provided detail that makes it clear this is a serious matter:

  • Data was being collected on ozone and particulate matter and being used in connection with requests to grant permits to industrial facilities like power plants and oil refineries in close proximity to the parks.
  • The pollutants data was being collected on are “linked to a range of adverse health effects,” including “heart attacks, strokes, asthma attacks and premature death.”
  • One goal of the program is “to curb regional haze,” which has “reduced visibility at scenic viewpoints in parks nationwide” over the past few decades.

Park Service employees pushed back and demanded that monitoring continue. They pointed out that states lack the equipment and resources to monitor and that without federal monitoring, they would be flying blind. It’s part and parcel of discontinuing environmental justice work at the Justice Department. Data makes it possible to protect the environment and the people who live in it. Trump is creating a permissive environment for business—when you can’t document the consequences of a new plant permit, for instance, it’s hard to oppose it.

But today, Washington Post reporter Teddy Amenabar posted on social media that “After The Post’s article was published, a Park Service spokesperson said the stop-work orders would be reversed and that ‘contractors will be notified immediately.’” Whether it’s traditional media, new media, protests, or our communications with our elected officials, it’s clear that none of what Trump wants to do is inevitable. Sunlight continues to act as a disinfectant. Government employees need public support right now, especially as many of them continue to bravely do the right thing, whether it’s federal prosecutors or park rangers. They richly deserve our support.

So if you’ve been questioning whether what you’re doing matters, it does. The signs you make, the protests you go to, the letters and calls you make to elected officials, your efforts to share information (like this newsletter) with people—all of these efforts matter. It all adds up, small victories and large ones.

Speaking of big ones, Donald Trump appears to have knowingly lied when he invoked the Alien Enemies Act (AEA) in order to deport alleged members of the Venezuelan Tren de Aragua gang. In his proclamation, he said, “TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking. TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States.”

Not so fast. An intelligence community memo was partially declassified yesterday, two weeks after a FOIA request was made for it—that’s lightning speed in the world of FOIA, where requests can drag on for years. The memo contradicts Trump’s claimed basis for invoking the AEA. Hat tip to my friend Ryan Goodman, whose new Substack is great if you haven’t seen it already, for highlighting the parts of the memo that contradict Trump’s claim that TdA is mounting an invasion of the U.S. on behalf of Venezuela’s government.

Someone involved in responding to FOIA requestsseems to have been highly motivated to make sure the American people have access to the truth. Win.

It’s not clear how or whether this will impact ongoing litigation. Judges largely defer to presidential assessments of this nature under the political questions doctrine. We don’t know if this revelation will have any impact in court, although there should be some ambit, even if it’s small, for courts to reject presidential assessments that run entirely contrary to the facts. But in the court of public opinion, where facts still matter, here are some facts, from the people who know the subject best.

Finally for tonight, the North Carolina Supreme Court race that we’ve been following so carefully since last November seems to finally be over, and Allison Riggs, the Democrat who won the race, will now be declared the winner per an order issued by a federal judge who is a Trump appointee. Two recounts confirmed Riggs’ victory, but the disgruntled loser challenged it nonetheless. He tried to convince courts to disallow ballots cast by North Carolina voters who complied with all of the rules for voting by changing the rules about what ballots could be counted after the fact. He could still appeal this ruling, but it is a solid decision and unlikely to be reversed on appeal. The bottom line democratic principle is that you don’t get to move the goal posts to secure a victory. Didn’t work for Trump, and it didn’t work in North Carolina. Chalk another one up for the rule of law.

Whether it’s lawsuits or your letters, engaged citizens get results. We have a long way to go, but take heart; we are making progress. We can get there. Every little step forward adds to the tally in favor of democracy.

We’re in this together,

Joyce

Thom Hartmann sums up what Trump is: a malignant narcissist intent on destroying every shred of our democracy and our ideals. we knew from his first term that he was a liar and a fraud. Yet here he is, acting with even more rage, vengeance, and destruction than before.

Let us not forget that Trump is enabled by the Republican Party. By their slim majorities in Congress. They have meekly watched as he terminated departments and agencies authorized by Congress. They have quietly given the power of the purse to Trump and Musk. They have watched as he turned himself into an emperor and made them useless. They could stop him. But they haven and they won’t.

He writes:

The Trump administration just gutted Meals on Wheels.

Seriously. Meals on Wheels!

Donald Trump didn’t just “disrupt” America; he detonated it. Like a political Chernobyl, he poisoned the very soil of our democratic republic, leaving behind a toxic cloud of cruelty, corruption, and chaos that will radiate through generations if we don’t contain it now.

He didn’t merely bring darkness; he cultivated it. He made it fashionable. He turned cruelty into currency and made ignorance a political virtue.

This man, a grotesque cocktail of malignant narcissism and petty vengeance, ripped the mask off American decency and showed the world our ugliest face. He caged children. Caged. Children. He laughed off their cries while his ghoulish acolytes used “Where are the children?” as a punchline for their next QAnon rally.

He welcomed white supremacists with winks and dog whistles, calling them “very fine people,” while spitting venom at Black athletes who dared kneel in peaceful protest.

He invited fascism to dinner and served it on gold-plated Trump steaks. He made lying the lingua franca of the right, burning truth to the ground like a carnival barker selling snake oil from a flaming soapbox.

And let’s not forget the blood on his hands: 1,193,165 dead from COVID by the time he left office, 400,000 of them unnecessarily, dismissed as nothing more than “a flu,” while he admitted — on tape — that he knew it was airborne and knew it was lethal. His apathy was homicidal, his incompetence catastrophic.

He tried to overthrow a fair election. He summoned a violent mob. He watched them beat cops with American flags and screamed “Fight like hell!” while cowering in the White House, delighting in the destruction like Nero fiddling as Rome burned.

And now, like some grotesque twist on historical fascism, Trump’s regime is quietly disappearing even legal U.S. residents — snatched off the streets by ICE and dumped into El Salvador’s CECOT mega-prison, a dystopian nightmare of concrete and cruelty.

One such man, Kilmar Ábrego García, had legal status and a home in Maryland. But Trump’s agents defied a federal court order and deported him anyway, vanishing him into a foreign hellhole so brutal it defies comprehension.

This isn’t policy: it’s a purge. A test run for authoritarian exile. And if Trump’s not stopped by Congress, the courts, or We The People in the streets, it won’t end there.

But somehow, he’s still here, waddling across the political stage like the Stay Puft Marshmallow Man of authoritarianism, bloated with power, empty of soul, and reeking of spray tan and sulfur.

Donald Trump didn’t just bring darkness: he’s a goddamn black hole, a gravity-well of cruelty sucking the light out of everything he touches.
This is a man who desecrates everything good.
Empathy? He mocks it. Truth? He slanders it. Democracy? He’d bulldoze it for a golf course.
And if we let him continue, he won’t just end democracy — he’ll make damn sure it never rises again.

So the question is: are we awake yet?

Or will we let this orange-faced death-cult leader finish the job he started, grinning over the corpse of the America we once believed in?

Now is not the time to kneel: it’s the time to rise. Stay loud, stay vigilant, and show up. Every protest, every march, every call to DC, every raised voice chips away at the darkness.

Democracy isn’t a spectator sport: it’s a fight, and we damn well better show up for it.

The Trump administration has declared war on Harvard University, for what is now–in the Trump era–the usual reasons: allegedly, that Harvard is not doing enough to stop anti-Semitism (a claim that is opposed by many Jews, who don’t want to be the favorite cause of a hateful, bigoted President); that Harvard engages in the policies of diversity, equity, and inclusion, which have been banned by the Trump administration; and that Harvard engages in “racism” by admitting and hiring nonwhite students and professors. The Trump administration has demanded the power to monitor Harvard’s curriculum, admissions, and hiring. Such a federal takeover is obviously unacceptable to Harvard, as it should be unacceptable to any private institution.

To Harvard and other universities, such a government intrusion would compromise academic freedom and their independence. Frankly, the best characterization of this government takeover of independent private institutions is fascist.

The Trump administration is currently withholding $2.2 billion that is dedicated to medical and scientific research. Does it make sense to punish Harvard’s alleged DEI transgressions by stopping funding for projects seeking cures for tuberculosis and ALS?

Secretary of Education Linda McMahon wrote a condescending, insulting letter to Harvard, warning that it would no longer receive any funding until it accepted Trump’s demands. She posted it on Twitter.

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She accused Harvard of “disastrous mismanagement,” snd she warned, “This letter is to inform you that Harvard should no longer seek grants from the federal government, since none will be provided.” Her biggest grievance appears to be that Harvard continues to practice affirmative action despite the Supreme Court banning it. The Trump administration considers any effort to admit or hire people of color to be racism. So the very presence of Black students and professors is evidence that Harvard engages in “ugly racism.”

In her letter, Secretary McMahon rants about Harvard’s abandonment of “merit” and of the excellence for which it was once known.

This stance is ironic, coming from a member of the most unqualified, incompetent Cabinet in modern American history. Was McMahon the best qualified person to be Secretary of Education? Did her experience in the world of wrestling entertainment qualify her to lecture Harvard about academic excellence? Was there no Republican State Commissioner of Education or university president available?

Was Robert F. Kennedy Jr. the best person to run the department of Health and Human Services? Did Pete Hegseth become Secretary of Defense because of his merit?

Various Twitter accounts have posted a copy of her letter with her grammatical errors marked in red pencil. They claim this was Harvard’s response, but it was not.

Harvard responded with a dignified letter to McMahon that restated their intention not to be cowed by her threats, rudeness, and bluster.

The New York Times reported,

In a statement on Monday night, a Harvard spokesperson said the letter showed the administration “doubling down on demands that would impose unprecedented and improper control over Harvard University and would have chilling implications for higher education.”

The statement suggested it would be illegal to withhold funds in the manner Ms. McMahon described.

“Harvard will continue to comply with the law, promote and encourage respect for viewpoint diversity, and combat antisemitism in our community,” the statement said. “Harvard will also continue to defend against illegal government overreach aimed at stifling research and innovation that make Americans safer and more secure.”

I’m betting on Harvard. They are fighting for academic freedom and for freedom from government control of a private institution. They will have the best legal talent. They will be represented by lawyers with sterling conservative credentials.

Harvard will be here long after the Trump administration is a memory, a very bad memory, like the McCarthy era.

Trump’s war on higher education is similar to his war on every other major institution. He wants everyone to be afraid of him. He wants no critics to escape his wrath. He wants dissident voices silenced. He wants to be our king, our emperor, our dictator.

He has threatened to punish law firms that have represented his opponents, such as his 2016 challenger Hillary Clinton and Special Counsel Jack Smith, who gathered evidence of Trump’s crimes but was ultimately defeated by Trump’s delaying tactics.

He has threatened the news media, hitting CBS News “60 Minutes” with a $10 billion lawsuit for editing its interview with Kamala Harris (which is standard practice) and suing ABC News for a remark by George Stephanopoulos that he didn’t like. Both of these are frivolous lawsuits, but CBS is negotiating a settlement and ABC paid out $15 million to end the lawsuit. In a pre-emptive conciliatory move, Amazon (Jeff Bezos) bought the rights to a documentary about Melania Trump for $40 million, which will be produced by Melania. Bezos owns The Washington Post, where he has told the editorial board to go easy on Trump. The Post lost some of its best journalists after Bezos groveled to Trump.

He has threatened to cut off federal funding to universities if they don’t meet his demands. The ostensible reason for targeting universities is to compel them to combat anti-Semitism on their campuses, but it’s hard to credit Trump’s sincerity. He has defended anti-Semites, dined with them, and received their support. His best friend Elon Musk supported Germany’s far-right AfD party in the recent elections. A man who cares so little about civil rights, who attacks academic freedom, who defunds education and social services, who belittles minorities, who threatens democracy, and who is so utterly lacking in compassion–is no friend of Jews.

Last Friday, Trump said on his “Truth Social” account:

“We are going to be taking away Harvard’s Tax Exempt Status,” Trump wrote in a social media post. “It’s what they deserve!”

The President of the United States cannot take away the tax-exempt status of any individual or organization. That is a decision made by the IRS, and it is illegal for the President or Vice-President or any other government official to interfere in that decision. Such a decision is made by the IRS, must be made for cause, and the institution has the right to defend itself. The process can take years.

If the President could order the IRS to audit or investigate his enemies, it would be a very dangerous policy. He can’t. With Trump, the law is a minor inconvenience, so who knows what he will do. The Supreme Court told him he has absolute immunity so maybe he can disregard the law.

The Trump administration is blasting away at Harvard on multiple fronts. The Department of Homeland Security has threatened to revoke Harvard’s ability to enroll international students, who are 27 percent of Harvard’s enrollments.

The Education Department has demanded that Harvard supply the names and email addresses of all foreign students who were expelled since 2016. The Department also wants the names of all scholars, researchers, students and faculty associated with any foreign government. Just a few days ago, Secretary McMahon informed Harvard that it is no longer eligible for new funding so long as it continues to oppose the president’s agenda. That would mean allowing Trump’s agents to take control of admissions, hiring, and curriculum. The nation’s most prestigious university would have to abandon its independence to Trump.

The Department of Health and Human Services and the National Science Foundation have suspended over $2 billion in grants to Harvard for medical and scientific research. Studies that are focused on causes and cures for tuberculosis and ALS, for example, have come to a halt. Another $7 billion in research funding could be suspended. This could damage the research and work of hospitals across the Boston metro area, and the economy of Massachusetts as well. Since Massachusetts is a blue state, Trump doesn’t care.

If this looks like harassment, that’s because it is.

Trump is certainly no libertarian. He is using every federal source of funding to compel universities, colleges, schools, cities, and states to follow his commands.

That’s not democracy. That’s dictatorship.

On March 27, Trump issued an executive order authorizing the cleansing of the Smithsonian Museums and other federal sites of anything that detracts from American greatness and patriotism.

Trump makes clear that he doesn’t want anything displayed that implies that racism exists. He specifically targets the 21 museums of Smithsonian Institute. He wants all exhibits to remind the public of America’s greatness. Any exhibits that don’t, he says, should be removed.

The executive order says, in part:

It is the policy of my Administration to restore Federal sites dedicated to history, including parks and museums, to solemn and uplifting public monuments that remind Americans of our extraordinary heritage, consistent progress toward becoming a more perfect Union, and unmatched record of advancing liberty, prosperity, and human flourishing.  Museums in our Nation’s capital should be places where individuals go to learn — not to be subjected to ideological indoctrination or divisive narratives that distort our shared history.

The executive order assigns to Vice-President JD Vance the job of cleansing the Smithsonian museums and all federal parks and cultural institutions of all derogatory content about our history. In doing this, Vance will be assisted by one Lindsey Halligan, Esq.

Who is Lindsey Halligan, the woman who will determine which parts of the nation’s story should be told? If you open the link, you will see that she is a beautiful woman with long blond hair. But that’s not all.

The Washington Post explained:

The first question is: What is improper ideology, exactly?

The second: Who is Lindsey Halligan, Esq.?

We have her on the phone, actually. She’s calling from the White House.

“I would say that improper ideology would be weaponizing history,” Halligan says. “We don’t need to overemphasize the negative to teach people that certain aspects of our nation’s history may have been bad.” That overemphasis “just makes us grow further and further apart.”

As for the second question: Halligan, 35, is a Trump attorney who seems to have tasked herself as a sort of commissioner — or expurgator, according to critics — of a premier cultural institution.

After moving to D.C. just before the inauguration to continue working for Trump as a special assistant and senior associate staff secretary, Halligan visited local cultural institutions, including the Smithsonian museums of Natural History, American History and American Art. She didn’t like everything she saw. Some exhibits, in her view, did not reflect the America she knows and loves.

“And so I talked to the president about it,” Halligan says, “and suggested an executive order, and he gave me his blessing, and here we are.”

Here we are: A former Fox News host is leading the Pentagon. A vaccine skeptic is running the Department of Health and Human Services. A former professional wrestling executive is head of the Department of Education.

And Lindsey Halligan, Esq., could turn a major cultural institution upside down.

How did she arrive at this point? Halligan grew up in Broomfield, Colorado, and went to a private Catholic high school, Holy Family, where she excelled at softball and basketball. Her parents worked in the audiology industry. Halligan’s sister, Gavin, a family-law attorney in Colorado, ran for a state House seat as a Republican in 2016 in a blue district and lost.

Halligan attended Regis University, a Jesuit university in Denver, where she studied politics and broadcast journalism. She was always interested in history, she says — particularly the Civil War and the westward expansion of the country.

She competed in the Miss Colorado USA pageant, making the semifinals in 2009 and earning third runner-up in 2010, according to photos and records of the events. This was back when Trump co-owned the organization that puts on the Miss Universe pageant, for which Miss Colorado USA is a preliminary event.