Archives for category: History

Trump has long demonstrated his admiration for Putin. No one can say exactly why Trump admires Russia’s ruthless dictator. But Trump insists that Ukraine is responsible for Putin’s invasion of Ukraine in 2022. His lame efforts to broker an end to Russia’s war on Ukraine have robustly echoed Putin’s demands.

Heather Cox Richardson analyzes how Trump has changed American policy towards the Russian war on Ukraine. Trump’s “peace plan” gives Russia everything Putin wants:

She writes:

After previously suggesting that the U.S. would not involve European representatives in negotiations to end Russia’s war against Ukraine, Secretary of State Marco Rubio and presidential envoy Steve Witkoff met in Paris last week for talks with Ukrainian and European officials. The U.S. presented what it called “the outlines of a durable and lasting peace,” even as Russia continued to attack Ukrainian civilian areas.

A senior European official told Illia Novikov, Aamer Madhani, and Jill Lawless of the Associated Press that the Americans presented their plan as “just ideas” that could be changed. But Barak Ravid of Axios reported on Friday that Trump was frustrated that the negotiations weren’t productive and said he wanted a quick solution.

Talks were scheduled to resume today, in London, but yesterday Rubio pulled out of them. The U.S. plan is now “a final offer,” Ravid reported, and if the Ukrainians don’t accept it, the U.S. will “walk away.”

On a bipartisan basis, since 2014 the United States has supported Ukraine’s fight to push back Russia’s invasions. But Trump and his administration have rejected this position in favor of supporting Russia. This shift has been clear in the negotiations for a solution: Trump required repeated concessions from Ukraine even as Russia continued bombing Ukraine. Axios’s Ravid saw the proposed “final offer,” and it fits this pattern.

The plan would recognize Russia’s occupation of Ukraine’s Crimea and its occupation of almost all of Luhansk oblast and the portions of Donetsk, Kherson, and Zaporizhzhia oblasts Russia has occupied. This would essentially freeze the boundary of Ukraine at the battlefront.

Ukraine would promise not to join the North Atlantic Treaty Organization (NATO), the post–World War II defensive alliance that first stood against the aggression of the Soviet Union and now stands against the aggression of Russia.

Sanctions imposed against Russia after its 2014 and 2022 invasions of Ukraine would be lifted, and the United States, in particular its energy and industrial sectors, will cooperate with Russia.

In essence, this gives Russian president Vladimir Putin everything he wanted.

What the Ukrainians get out of this deal is significantly weaker. They get “a robust security guarantee,” but Ravid notes the document is vague and does not say the U.S. will participate. We have been here before. After the Soviet Union crumbled in 1991, Ukraine had the third-largest stockpile of nuclear weapons in the world. In exchange for Ukraine’s giving up those weapons, the United States, the United Kingdom, and Russia agreed to secure Ukraine’s borders. In the 1994 Budapest Memorandum on Security Assurances, they agreed they would not use military force or economic coercion against Ukraine.

Russia violated that agreement with its 2014 and 2022 invasions, making it unlikely that Ukraine will trust any new promises of security.

Under the new plan, Ukraine would also get back a small part of Kharkiv oblast Russia has occupied. It would be able to use the Dnieper River. And it would get help and funds for rebuilding, although as Ravid notes, the document doesn’t say where the money will come from.

There is something else in the plan. The largest nuclear power plant in Europe is Ukrainian: the Zaporizhzhia plant. It will be considered Ukrainian territory, but the United States will operate it and supply the electricity it produces to both Ukraine and Russia, although the agreement apparently doesn’t say anything about how payments would work. The plan also refers to a deal between the U.S. and Ukraine for minerals, with Ukraine essentially repaying the U.S. for its past support.

Ravid notes that the U.S. drafted the plan after envoy Steve Witkoff met for more than four hours last week with Putin. But the plan has deeper roots.

This U.S.-backed plan echoes almost entirely the plan Russian operatives presented to Trump’s 2016 campaign manager Paul Manafort in exchange for helping Trump win the White House. Russia had invaded Ukraine in 2014 and was looking for a way to grab the land it wanted without continuing to fight.

Special Counsel Robert Mueller’s 2019 report on Russian interference in the 2016 presidential election explained that Manafort in summer 2016 “discussed a plan to resolve the ongoing political problems in Ukraine by creating an autonomous republic in its more industrialized eastern region of Donbas, and having [Russian-backed Viktor] Yanukovych, the Ukrainian President ousted in 2014, elected to head that republic.”

The Mueller Report continued: “That plan, Manafort later acknowledged, constituted a ‘backdoor’ means for Russia to control eastern Ukraine.” The region that Putin wanted was the country’s industrial heartland. He was offering a “peace” plan that carved off much of Ukraine and made it subservient to him. This was the dead opposite of U.S. policy for a free and united Ukraine, and there was no chance that former secretary of state Hillary Clinton, who was running for the presidency against Trump, would stand for it. But if Trump were elected, the equation changed.

According to the Republican-dominated Senate Intelligence Committee, Manafort’s partner and Russian operative Konstantin Kilimnik wrote: “[a]ll that is required to start the process is a very minor ‘wink’ (or slight push) from D[onald] T[rump] saying ‘he wants peace in Ukraine and Donbass back in Ukraine’ and a decision to be a ‘special representative’ and manage this process.” Following that, Kilimnik suggested that Manafort ‘could start the process and within 10 days visit Russia ([Yanukovych] guarantees your reception at the very top level, cutting through all the bullsh*t and getting down to business), Ukraine, and key EU capitals.’ The email also suggested that once then–Ukrainian President Petro Poroshenko understood this ‘message’ from the United States, the process ‘will go very fast and DT could have peace in Ukraine basically within a few months after inauguration.’”

According to the Senate Intelligence Committee, the men continued to work on what they called the “Mariupol Plan” at least until 2018.

After Russia invaded Ukraine again in 2022, Jim Rutenberg published a terrific and thorough review of this history in the New York Times Magazine. Once his troops were in Ukraine, Putin claimed he had annexed Donetsk, Luhansk, Zaporizhzhia, and Kherson, two of which were specifically named in the Mariupol Plan, and instituted martial law in them, claiming that the people there had voted to join Russia.

On June 14, 2024, as he was wrongly imprisoning American journalist Evan Gershkovich, Putin made a “peace proposal” to Ukraine that sounded much like the Mariupol Plan. He offered a ceasefire if Ukraine would give up Donetsk, Luhansk, Zaporizhzhia, and Kherson, including far more territory than Putin’s troops occupy, and abandon plans to join NATO. “If Kyiv and the Western capitals refuse it, as before,” Putin said, “then in the end, that’s their…political and moral responsibility for the continuation of bloodshed.”

On June 27, 2024, in a debate during which he insisted that he and he alone could get Gershkovich released, and then talked about Putin’s 2022 invasion of Ukraine, Trump seemed to indicate he knew about the Mariupol Plan: “Putin saw that, he said, you know what, I think we’re going to go in and maybe take my—this was his dream. I talked to him about it, his dream.”

Now that plan is back on the table as official U.S. policy.

Ukraine president Volodymyr Zelensky has said that his country will not recognize the Russian occupation of Crimea. In this determination, he speaks for the global rules-based order the U.S. helped to create after World War II. Recognition of the right of a country to invade another and seize its territory undermines a key article of the United Nations, which says that members won’t threaten or attack any country’s “territorial integrity or political independence.” French president Emmanuel Macron and other European leaders are standing behind those principles, saying today in a statement from Macron’s office that they reject Russian territorial gains under the U.S. plan. “Ukraine’s territorial integrity and European aspirations are very strong requirements for Europeans,” the statement said.

But Trump himself seems eager to rewrite the world order. In addition to his own threats against Greenland, Canada, and Panama, in a post today on his social media site he echoed Putin’s 2024 statement blaming Ukraine for Russia’s bloody war because it would not agree to Putin’s terms. Today, Trump said Zelensky’s refusal to recognize the Russian occupation of Crimea was “inflammatory,” and he pressured Zelensky to accept the deal.

Curiously, he felt obliged to write that “I have nothing to do with Russia…”.

Thom Hartmann explains the significance of what Trump did to our democracy yesterday. He killed it. He sneered at the Declaration of Independence and the U.S. Constitution. He snuffed out the rule of law, which is the foundation of democracy.

Thom Hartmann writes:

Yesterday was the day democracy in our nation officially died.

We no longer live in the America we grew up in: “The land of the free and the home of the brave.” The country the rest of the world looked up to and depended on. The country that claimed to follow the rule of law, and valued compassion and the protection of its most vulnerable people.

We are now in the midst of an outright coup against the Constitution, against the United States, and against our founding ideals: Donald Trump proclaimed it yesterday when he openly defied the Supreme Court and our founding documents with a sneer, and his neofascist sycophants chuckled and giggled in the Oval Office.

When Marco Rubio claimed that arresting and deporting a man legally living in the US was “foreign policy” that can’t be overseen by the Supreme Court and then congratulated himself on his cleverness.

Kilmar Abrego Garcia, a legal U.S. resident who committed no crime, is now held in El Salvador’s most notorious concentration camp, where as many as 75 men are packed into cells designed for a fraction of that number. 

Prisoners are not allowed outside — not for fresh air, not for exercise — and the fluorescent lights never go off. Food is minimal: plain rice or beans twice a day, with water. There is no possibility of appeal for him or the other 75,000 people El Salvadoran dictator Bukele has arrested and imprisoned without due process.

This father of three US citizens, this husband of a US citizen, who had been in the US with the permission of our government, is today packed in with savage gang members — literally murderers and rapists — in one of the most infamous and violent prisons in the world.

He has no access to legal counsel, no information about charges or release, and medical care is often denied except in extreme emergencies. Days blur into nights as men lie on concrete floors or sit in silence, many carving repetitive paths along the walls to stay sane. 

Kilmar may be doing the same, clinging to routine, to hope, to anything that reminds him he once belonged to a country that promised justice.

But then came the most lawless president in the history of America, who yesterday all but declared that we are no longer a constitutional democratic republic as long as he is president.

Article I, Section 9 of the United States’ Constitution is unambiguous about habeas corpus, Latin for “produce the body,” which means no person can be imprisoned without first knowing the charges against them, being able to challenge those charges, and having a court of law decide their fate.

This right embraced by our Founders and written into our Constitution literally dates back to the year 1215 when King John signed the Magna Carta at Runnymede, as Article I Section 9 clearly states:

“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.”

(Trump is falsely and cynically claiming in an illegal Executive Order that the government of Venezuela has sent gang members to “invade” the US. Bizarrely, even if a court were to uphold this “invasion” gimmick, Kilmar Abrego Garcia is neither a gang member nor even a Venezuelan; he’s a citizen of El Salvador who’s lived in the US since he was 16, is a union worker and beloved member of his community, and was here legally.) 

Fifth Amendment to the Constitution:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor be deprived of life, liberty, or property, without due process of law…”

Sixth Amendment to the Constitution:

“In all criminal prosecutionsb, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

Seventh Amendment to the Constitution:

“[T]he right of trial by jury shall be preserved…”

Eighth Amendment to the Constitution:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Please point out to me where, in our Constitution, it says that the President of the United States or the Secretary of State can simply order a “person” (see 5th Amendment; nowhere does the word “citizen” appear) to be arrested and transported to a foreign hellhole concentration camp without a warrant, without an attorney, without a trial, and without even advance notice that might give him a chance to protest his innocence.

An unanimous Supreme Court ruled last week that our Constitution, as quoted above, says exactly what it means and Trump must “facilitate” the return of Kilmar Abrego Garcia, who is not a criminal and has been denied all of the due process provisions detailed above in our Constitution and its amendments.

Justice Sotomayor was explicit:

“The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene. … 

“[T]he proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard… 

“It must also comply with its obligations under the Convention Against Torture.”

Trump’s response yesterday was a resounding, “Fuck you” to our courts, our Constitution, and our laws. And to the millions of American citizens who are frightened by his systematic dismantling of our legal system.

It was an open assertion by Trump that he can do anything he wants, no matter how unlawful or unconstitutional, without fear of consequences. That he has successfully staged a coup against the government of the United States and her laws and has every intention of running this country like Russia or Hungary.

And not only that, he told El Salvador’s authoritarian president Bukele that the people he next wants to send to his slave labor camp are American citizens like you and me:

“Home grown criminals. Home growns are next. You gotta build about five more places. It’s not big enough.”

Which brings us to a frightening echo of Jefferson’s objections to the “tyranny” of King George II, as outlined in the Declaration of Independence he authored and was signed on July 4, 1776:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good. …

“He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. …

“He has made Judges dependent on his Will alone

“He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws

“For depriving us in many cases, of the benefits of Trial by Jury:

“For transporting us beyond Seas to be tried for pretended offences: …

“For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: …

“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” (emphasis added)

If Trump and his ass-kissing lackeys aren’t stopped by public outrage, our courts, and our Constitution and laws, then America has ceased to be a functioning republic and the future is unknowable but certainly grim.

That would be, the Declaration says, the very definition of tyranny. As Senator Chris Murphy just posted to Bluesky:

“You may not think this case matters to you. But Abrego Garcia was legally in the U.S., just like all the rest of us. His status as an immigrant doesn’t matter as a matter of law. If Trump can lock up or remove ANYONE — no matter what the courts say — we are all at grave risk.”

Trump should be impeached for his defiance of the Supreme Court and our Constitution. For spitting in the face of our Founders and every American veteran who has ever fought (or died) for this country and it’s ideals. For using foreign concentration camps.

Tragically, however, Republicans in Congress and across the country are now fully in on the coup. They have chosen an egomaniacal, self-centered narcissist and his billionaire friends over their integrity, country, and their oath of office.

Show up in the streets this coming Saturday and reach out to your elected representatives to demand a return to the rule of law. 

The number for Congress is 202-224-3121, at least for the moment; like with Social Security, Trump may cut that phone number off any day now, too. 

Aaron Tang, a law professor at the University of California, Davis, explains how the U.S. Supreme Court is more dangerous to the future of public schools than Trump’s policies.

He writes in Politico:

The greatest threat to public education in America isn’t Donald Trump.

Yes, he’s moving to dismantle the Department of Education, and yes, he’s trying to restrict what schools can teach about race. But the most dangerous attack on the horizon isn’t coming from the president, it’s coming from the Supreme Court.

This is a particularly disheartening reality because the Supreme Court has often been one of public education’s greatest champions. As far back as 1954, in Brown v. Board of Education, the court described public schooling as “the very foundation of good citizenship” and the “most important function of state and local governments.” Just four years ago, in an 8-1 opinion involving a Snapchatting cheerleader, the court proudly declared that “Public schools are the nurseries of democracy.”

Later this month, however, the court will hear oral argument in a pair of cases with the potential to radically destabilize public schools as we know them. And there is reason to be deeply worried about how the conservative majority will rule.

The first case, Oklahoma Statewide Charter School Board v. Drummond, poses the question of whether the 46 states with charter schools must offer public funds to schools that would teach religious doctrine as truth. The second case, Mahmoud v. Taylor, involves the claim that religious parents should have a right to opt their children out of controversial public school curricula.

Takentogether, Drummond and Mahmoud threaten the twin cornerstones of the American education system that Brown affirmed six decades ago: Since Brown, America’s public schools have operated under a norm of inclusive enrollment, and they’ve offered all children a shared curriculum that reflects the values that communities believe are essential for civic participation and economic success.

If the court tears down these foundational norms, the schools that remain in their wake will be a shell of the democracy-promoting institution the court itself has long lionized — and that healthy majorities of parents continue to support in their local neighborhoods. And although there’s a way to avoid the worst outcome in both cases, the path ahead is uncertain: It will require the court to follow history in an evenhanded manner (in Drummond) and progressives to accept a middle ground (in Mahmoud).

The legal challenges presented in Drummond and Mahmoud did not arise out of thin air. They are part of a long-term conservative movement strategy aimed at eroding public education.

A major component of this strategy has been a consistent call to fund school choice, a broad umbrella term that encompasses various programs such as school vouchers and educational savings accounts that channel taxpayer dollars away from traditional public schools and into private ones. Drummond’s call for a constitutional right to taxpayer-funded religious education can thus be thought of as a major front in Project 2025’s “core principle” of “significantly advanc[ing] education choice.”

Conservatives have likewise sought to brand public schools as purveyors of “woke” ideology rather than facilitators of a shared set of community values. The claim at issue in Mahmoud — a parental right to opt out of curricular choices that some find religiously objectionable — is accordingly another salvo in the broader culture wars, and one in which conservatives are asking the court to grant them a legal trump card.

Ultimately, to a significant cross-section of the Republican Party, public schools are now the “radical, anti-American” enemy. And viewed from that perspective, Drummond and Mahmoud may represent the greatest chance for delivering a knockout blow.

Drummond and Inclusive Enrollment

Technically, the Drummond case is just about Oklahoma. That’s because it arose out of Oklahoma’s refusal to fund a religious charter school named the St. Isidore of Seville Catholic Virtual School. (According to St. Isidore’s handbook, “the traditions and teachings of the Catholic Church and the virtue of Christian living permeate the school day.”)

But make no mistake: It is blue states that have the most to lose in this case. For if St. Isidore has a right to public funding in Oklahoma, that same right would exist for religious charter schools in California and New York — places where, until now, taxpayer funds have never been used to teach religion as truth to K-12 students.

It is hard to overstate how big a sea change this would be. Nonreligious charter schools currently receive more than $26 billion in public funds and educate some four million children. So a ruling in favor of religious charter schools could mean billions of dollars for religious education — a prospect that one Catholic school executive called “game-changing” for how it would enable religious schools to “grow [their] network.”

But the implications are far more than monetary. They strike at the very vision of public schools as places where children come together from all walks of life to learn what the Supreme Court once called the “values on which our society rests.” Bankrolled by taxpayer dollars, Drummond would transform the American education system into a taxpayer-funded mechanism for transmitting each family’s preferred religious tenets.

What is more, religious charter schools will likely argue that they have a further Free Exercise right to restrict enrollment only to adherents of their particular faith (indeed, a religious private school in Maine has already advanced this claim). At the end of that argument is a publicly funded K-12 education system that tribalizes the American people at a time when we need to be doing exactly the opposite: forging bonds of connection across our differences.

Justice Thurgood Marshall once cautioned that “unless our children begin to learn together, there is little hope that our people will ever learn to live together.” If the court rules for the religious charter schools in Drummond, we will come one giant — and regrettable — step closer to the world Marshall feared.

Mahmoud and the Attack on Curriculum

The Mahmoud case emerged out of a 2022 Montgomery County, Maryland, school board policy that introduced a new set of LGBTQ-inclusive storybooks into its pre-K through 12th-grade language arts curriculum. In general, the books aimed at instilling respect and civility for people from different backgrounds. In practice, though, the books led to controversy. One of the books, entitled Pride Puppy, was directed at pre-K students and invited students to search for images of a lip ring and a drag queen.

Montgomery County initially permitted parents to opt their children out of reading these new books. But the district soon changed course, which is what led the Mahmoud family to sue. Their argument was that the Free Exercise Clause grants parents like them the “right to opt their children out of public school instruction that would substantially interfere with their religious development.”

This is a truly difficult case, even for someone who, like me, holds an unyielding commitment to ensuring that all LGBTQ students feel safe at school. But one can hold that commitment while also acknowledging that the choice to force children as young as five years old to read books like Pride Puppy over their parents’ objection is not an obvious one. Indeed, Montgomery County has since removed Pride Puppy from its curriculum — a reasonable concession.

The great danger in this case, though, is not about the parental right to opt 5- and 6-year-olds out of controversial curricula. It’s that a decision recognizing a parental opt-out right would be difficult to contain via a sensible limiting principle. Would parents of middle or high school children enjoy a similar right to opt their children out of any assignment or reading that espouses support for LGBTQ rights? How about a right to opt out of science classes that teach biology or evolution? And what of history classes that some religious parents may find too secular for their liking?

In all of those contexts, lower federal courts had unanimously rejected the contention that simply because a parent finds something to be religiously objectionable, they can excuse their child from a shared curricular goal. Mahmoud could upend that settled consensus and replace it with a world in which public schools are forced to offer bespoke curricula to all different families based on their particular religious commitments.

That’s a recipe for an education system that would certainly teach some values to our children. But this much is for sure: They would no longer be shared ones.

How to Save Public Education at the Court

The plaintiffs in both Drummond and Mahmoud may be optimistic that the 6-3 conservative supermajority will side with them. After all, religious litigants have fared remarkably well at the Supreme Court of late.

But a surprising obstacle exists in the Drummond case — and Maryland officials, if they are smart, may yet have the final word in Mahmoud.

In Drummond, the best argument against the claimed Free Exercise right to taxpayer-funded religious schools comes from the very place that the conservative Supreme Court has lately looked to move the law right on abortion and guns: history and tradition.

As Ethan Hutt, a leading historian of education, and I show in a forthcoming paper, it turns out the denial of funding that St. Isidore complains of today is something that happened routinely during the founding era. Yet no one — no parent, no religious leader, not even a religious school that was denied funds on equal terms with its nonsectarian counterparts — ever filed a lawsuit (much less won one) arguing that the right to Free Exercise demanded otherwise.

This is precisely the historic pattern that the Supreme Court relied on to reject the right to abortion in Dobbs: “When legislators began to [ban abortion in the 19th century], no one, as far as we are aware, argued that [they had] violated a fundamental right.”

If the absence of legal contestation in the face of government action 200 years ago shows that the Constitution’s original meaning does not encompass a claimed right to abortion, it’s hard to see why that logic should differ when the claimed right involves religious school funding. Put simply, the court can be consistently originalist, or it can recognize the religious charter school funding right claimed in Drummond. But it can’t do both.

The legal argument to protect public education is less clear in Mahmoud. But in that case, there is another way to steer clear of a Supreme Court ruling that would imperil evolution, biology, history and LGBTQ-inclusive lessons in the upper grades: Maryland officials can override the Montgomery County policy and extend an opt-out choice to parents of young children like the Mahmouds.

There would be clear precedent for such an action by the state. After New York officials took a similar step to eliminate a policy dispute in a major gun case in 2020, the court dismissed that case as moot — putting off a dangerous ruling for at least the time being.

Of course, doing so would require lawmakers in Maryland to accept parents of young children choosing to withdraw their children from reading controversial LGBTQ-inclusive books. But perhaps lawmakers can see a principled distinction between the desire to make schools a safe space for LGBTQ children — a nonnegotiable, core value — and the desire to use elementary school classrooms as a tool for changing hearts and minds on controversial topics more generally.

In truth, progressives were probably never going to win that battle in kindergarten classrooms, especially with the present political climate. Progress on social attitudes concerning the transgender community was always more likely through the same mechanisms that produced rapid change for the gay and lesbian community — mainstream media, social media and the critical realization that our friends, family and other loved ones are members of these different communities and deserve equal respect.


In the end, the Supreme Court may choose simply to ignore history and tradition in Drummond, where it is inconvenient for a movement conservative cause. And a policy change in Maryland could simply delay the inevitable, as new cases could always be brought advancing

The bigger takeaway, then, is about the war against public education and its likely toll. Public schools were a major part of what made America great. So in seeking public education’s demise, the Drummond and Mahmoud cases could portend staggering consequences: less social tolerance, reduced international competitiveness and continued inequality along economic and racial lines.

But the greatest cost may be for our democracy. After all, the Supreme Court reminded us just four short years ago that public schools are where our democracy is cultivated. That’s why the timing of these cases could not be any worse. In a moment when American democracy is being tested like never before, the court should be the last institution — not the leading one — to dismantle our public schools.

Petula Dvorak of the Washington Post wrote about the efforts by the Trump administration to rewrite American history. Trump wants “patriotic history,” in which evil things never happened and non-white people and women were seldom noticed. In other words, he wants to control historical memory, sanitize it, and restore history as it was taught when he was in school about 65 years ago (1960), before the civil rights movement, the women’s movement, and other actions that changed what historians know and teach.

Dvorak writes:

A section of Arlington National Cemetery’s website highlighting African American military heroes is gone.

Maj. Lisa Jaster was the first woman to graduate from Army Ranger school. But that fact has been scrubbed from the U.S. Army Reserve [usar.army.mil] and Department of Defense websites. [search.usa.gov]

The participation of transgender and queer protesters during the LGBTQ+ uprising at New York’s Stonewall Inn was deleted from the National Park Service’s website [nps.gov] about the federal monument.

And the Smithsonian museum in Washington, which attracts millions of visitors who enter free each year, will be instructed by Vice President JD Vance to remove “improper ideology.”

In a series of executive orders, President Donald Trump is reshaping the way America’s history is presented in places that people around the world visit.

In one order, he declared that diversity, equity and inclusion efforts “undermine our national unity,” and more pointedly, that highlighting the country’s most difficult chapters diminishes pride in America and produces “a sense of national shame.”

The president’s orders have left historians scrambling to collect and preserve aspects of the public record, as stories of Black, Brown, female or LGBTQ+ Americans are blanched from some public spaces. In some cases, the historical mentions initially removed have been replaced, but are more difficult to find online.

That rationale has galvanized historians to rebuke the idea that glossing over the nation’s traumas — instead of grappling with them — will foster pride, rather than shame.

Focusing on the shame, they say, misses a key point: Contending with the uglier parts of U.S. history is necessary for an honest and inclusive telling of the American story. Americans can feel pride in the nation’s accomplishments while acknowledging that some of the shameful actions in the past reverberate today.

“The past has no duty to our feelings,” said Chandra Manning, a history professor at Georgetown University.

“History does not exist to sing us lullabies or shower us with accolades. The past has no obligations to us at all,” Manning said. “We, however, do have an obligation to the past, and that is to strive to understand it in all its complexity, as experienced by all who lived through it, not just a select few.”

That is not to say that the uncomfortable weight of difficult truths isn’t a valid emotion.

Postwar Germans were so crushed by the burden of their people’s past, from the horrors of the Nazi regime to the protection of war criminals in the decades after the war, that they have a lengthy word for processing it: vergangenheitsbewältigung, which means the “work of coping with the past.” It has informed huge swaths of German literature and film and has shaped the physical way European cities create memorials and museums.

America’s version of vergangenheitsbewältigung can be found across the cultural landscape. From films to books to classrooms and museums, Americans are learning more details about slavery in the South, the way racism has affected everything from baseball to health care, and how sexism shaped the military.

Trump, however, looks at the U.S. version of vergangenheitsbewältigung differently.
“Over the past decade, Americans have witnessed a concerted and widespread effort to rewrite our Nation’s history, replacing objective facts with a distorted narrative driven by ideology rather than truth,” said the executive order targeting museums, called “Restoring Truth and Sanity to American History.”

That is what “fosters a sense of national shame,” he says in his order.

Historians take exception to that. “I would argue that it’s actually weird to feel shame about what people in the past did,” Georgetown history professor Katherine Benton-Cohen said.
“As I like to tell my students, ‘I’m not talking about you. We will not use ‘we’ when we refer to Americans in the past, because it wasn’t us and we don’t have to feel responsible for their actions. You can divest yourself of this feeling,’” she said.

Germans also have a phrase for enabling a critical look at their nation’s past: die Gnade der spät-geborenen, “the grace of being born too late” to be held responsible for the horror of the Nazi years.

Benton-Cohen said she honed her approach to this during her first teaching job in the Deep South in 2003, when she emphasized the generational gap between her students and the history they were studying.

“They could speak freely of the past — even the recent past, like the 1950s and 1960s, because they weren’t there,” she said. “They were free to make their own conclusions. It was exciting, and it worked. Many told me it was the first time they had learned the history of the 1960s because their high schools — both public and private — had skipped it to avoid controversy. We did fine.”

Trump hasn’t limited his attempt to control how history is presented in museums or memorials. Among the first executive orders he issued was “Ending Radical Indoctrination in K-12 Schooling.” Another one sought to eliminate diversity, equity and inclusion in the nation’s workplaces, classrooms and museums. His version of American history tracks with how it was taught decades ago, before academics began bringing more diverse voices and viewpoints into their scholarship.

Maurice Jackson, a history professor at Georgetown University who specializes in jazz and Black history, said Black Americans have fought hard to tell their full story.

Black history was first published as “The Journal of Negro History” in 1916, in a townhouse in Washington when academic Carter G. Woodson began searching for the full story of his roots. A decade later, he introduced “Negro History Week” to schools across the United States, a history lesson that was widely cheered by White teachers and students alongside Black Americans who finally felt seen.

“Black history is America’s history,” Jackson said. And leaving the specifics of the Black experience out because it makes some people ashamed gives an incomplete picture of our nation, he said.

After Trump issued his executive orders, federal workers scrambled to interpret and obey them, which in some cases led to historical milestones being removed, or covered up and then replaced.

Federal workers removed a commemoration of the Tuskegee Airmen from the Pentagon website, then restored it. They taped butcher paper over the National Cryptologic Museum’s display honoring women and people of color, then uncovered the display.

Mentions of Harriet Tubman in a National Park Service display about the Underground Railroad were removed, then put back. The story of legendary baseball player Jackie Robinson’s military career was deleted from the Department of Defense website, then restored several days later.

Women known as WASPs risked their lives in military service — training and test pilots during World War II for a nation that didn’t allow them to open a bank account — is no longer a prominent part of the Pentagon’s digital story.

George Washington University historian Angela Zimmerman calls all the activity. which happened with a few keystrokes and in a matter of days, the digital equivalent of “Nazi book burnings.”

In response, historians — some professional, some amateur — are scrambling to preserve information before it is erased and forgotten.

The Organization of American Historians created the Records at Risk Data Collection Initiative, which is a callout for content that is in danger of being obliterated

This joins the decades-long work of preserving information by the Internet Archive, a California nonprofit started in 1996 that also runs the Wayback Machine, which stores digital records.

Craig Campbell, a digital map specialist in Seattle, replicated and stored the U.S. Geological Service’s entire historical catalogue. His work was crowdfunded by supporters.

“Historical maps are critical for a huge range of industries ranging from environmental science, conservation, real estate, urban planning, and even oil and gas exploration,” said Campbell, whose mapping company is called Pastmaps. “Losing access to the data and these maps not only destroys our ability to access and learn from history, but limits our ability to build upon it in so many ways as a country.”

After astronomer Rose Ferreira’s profile was scrubbed from, then returned, to NASA’s website, she posted about it on social media. In response, an online reader created a blog, Women in STEM, to preserve stories such as Ferreira’s.

“Programs that memorialize painful truths help ensure past wrongs are never revived to harm again,” Rep. Steven Horsford (D-Nevada), said on X, noting that presidents are elected to “run our government — not rewrite our history.”

Authoritarian leaders have long made the whitewashing of history a tool in their regimes. Joseph Stalin expunged rivals from historic photographs. Adolf Hitler purged museums of modernist art and works created by Jewish artists, which he labeled “degenerate.” Museums in Mao Zedong’s China glorified his ideology.

While this may be unfamiliar to Americans, Georgetown University history professor Adam Rothman says that in the scope of human history, “these are precedented times.”

It’s not yet clear what the real-world effect of Trump’s Smithsonian order will be or exactly how it will be carried out. Who will determine what exhibits cause shame and need to be removed? What will the criteria be? Will exhibits that discuss slavery, for instance, be eliminated or altered?

“Our nation is an ongoing experiment,” says Manning, the Georgetown history professor, who has written books about the Civil War. “And what helps us do that now in 2024 compared to 1776 is that we do have a shared past.

“Every single human culture depends upon, grows out of, and is shaped by its past,” she said. “It is the past that has shaped all of us, it is our past that contains the bonds that can really hold us together.”

It’s what makes the study — and threat to — American history unique among nations. Benton-Cohen said that is what she sees happen with her students.

“The American striving to realize the democratic faith and all the difficulties it entailed and challenges overcome should inspire pride, not shame,” she said. “If you feel shame, as the kids would say, that’s a ‘you’ problem. That’s why I still fly the flag at my house; I’m not afraid of the American past, I’m alive with the possibilities — of finding common cause, of fighting for equality, of appreciating our shared humanity, of upholding our freedoms.”

H/T to Erich Martel, former history teacher in D.C. This sign carried in April 5 rally in D.C.

Jennifer Berkshire has been writing about the politics of education for many years. She has written two books with education historian Jack Schneider, A Wolf at the Schoolhouse Door and The Education Wars. This is the second installment in her excellent series called “Connecting the Dots.” Her Substack blog is called “The Education Wars.”

She writes:

BAs are out, babies are in

The Trump world’s obsession with the declining birthrate doesn’t quite rank with rooting out “DEI,” tariff-ing, or expelling immigrants but it’s up there. In a recent interview, Elon Musk confessed that a fear of the shrinking number of babies keeps him up at night. What does this have to do with education? Everything. Last year, two of the big education ‘thinkers’ at Heritage released a guide to how changes in education policy could increase “the married birthrate”:

Expensive and misguided government interventions in education are, whether intended or not, pushing young people away from getting married and starting families—to the long-term detriment of American society.

What are those government interventions? Things like subsidizing student loans, thereby encouraging young women to go to college. Or requiring teachers, who are mostly women, to have bachelor degrees, thereby encouraging young women to go to college. Of course there is a voucher angle—there always is with these folks. But the key here is that a chorus of influential Trump thinkers like this guy keep telling us that there are too many women on campus, and that policy shifts could get them back into the home where they belong. 

If the administration succeeds in privatizing the government-run Student Loan Program, college will become much more expensive, significantly shrinkign the number of kids who’ll be able to attend. And that seems to be the point, as conservative activist Chris Rufo explained in an interview a few weeks ago.

By spinning off, privatizing and then reforming the student loan programs, I think that you could put the university sector as a whole into a significant recession. And I think that would be a very salutary thing.

So when you hear the rising chorus coming from Trump world that there are too many of the wrong people on the nation’s campuses, recall that an awful lot of these self-styled ‘nationalists’ believe this: “If we want a great nation, we should be preparing young women to become mothers.”

Some people are more equal than others 

I’ve been making the case that both the Department of Education and public education more broadly are especially vulnerable because of the equalizing roles that they play. Of course, education is not our only equalizer. Indeed, all of the institutions and policy mechanisms intended to smooth out the vast chasms between rich and poor are on the chopping block right now. While you were clicking on another bad news story, Trump eviscerated collective bargaining rights for thousands of federal workers. While teachers weren’t affected, a number of red states have been rushing to remedy that, including Utah which just banned collective bargaining for public employees. 

Writer John Ganz describes the unifying thread that connects so much of Trump world as ‘bosses on top,’ the belief that “the authority and power of certain people is the natural order, unquestionable, good.” We got a vivid demonstration of what this looks like in Florida this week as legislators debated whether to roll back (more) child labor protections, allowing kids as young as 14 to work over night. 

Governor Ron DeSantis is busily spinning the bill as about parents rights, but what it’s really about is expanding the power of the boss. The ‘right’ to work overnight while still in school is actually the boss’ right to demand that young employees keep working. Nor is it hard to imagine the long-term consequences of this policy change. Teen workers who labor through the night end up dropping out of school, their futures constrained in every possible way. Here’s how Marilynn Robinson described the rollback of child labor laws in her adopted home state of Iowa: “If these worker-children do not manage to finish high school, they will always be poorer for it in income and status and mobility of every kind.”

Go back one hundred years when the country was in the midst of a fierce debate over child labor, and you’ll hear the same arguments for ‘bosses on top’ that are shaping policy today. At a time when public education was becoming compulsory, conservative industry groups like the National Association of Manufacturers cast their opposition to both child labor laws and universal public education in explicitly bossist terms, as Naomi Oreskes and Erik Conway recount in The Big Myth: How American Business Taught Us to Loathe Government and Love the Free Market:

“They believed that men were inherently unequal: it was right and just for workers to be paid far less than managers and managers far less than owners. They also believed that in a free society some children would naturally enter the workforce. Child labor laws wer (to their minds) socialistic because they enforced erroneous assumptions of equality—for example, that all children should go to school—rather than accepting that some children should work in factories.”

Back to the states

Did you hear the one about how we’re returning education to the states? Back-to-the-states has become a mantra for the Trump Administration on all kinds of favored policy issues, as the New York Times recently pointed out. Of course, education is already a state ‘thing,’ which means that we can look at the states Trump keeps pointing to as models and see how they’re faring. So how are they faring? Not so well, as the education reform group EdTrust lays out here, reviewing both NAEP scores and the track records of these states in supporting low-income students and students of color.

But there are plenty of warning signs beyond test scores. Ohio seems poised to slash funding for public education, even as the state’s voucher program balloons. (And let’s not even get into the just-enacted Senate Bill 1, which limits class discussions of any ‘controversial’ topic and goes hard at campus unions.) But for a glimpse of the future that awaits us, pay attention to another state in my beloved Heartland, and which Trump has repeatedly showered with praise: Indiana.

Now, Indiana happens to be home to one of my favorite economists, Ball State’s Michael Hicks, who has been warning relentlessly that the state’s decision to essentially stop investing in K-12 and public higher education has been an economic disaster. Hoosiers, he pointed out recently, earn less than the typical Californian or New Yorker did in 2005. As the number of kids going to college in Indiana has plummeted, the state now spends more and more money trying to lure bad employers to the state. Here’s how Hicks describes the economic and education policies that Indiana has embraced:

“If a diabolical Bond villain were to craft a set of policies that ensured long-term economic decline in a developed country, it would come in two parts. First, spend enormous sums of money on business incentives that offer a false narrative of economic vibrancy, then cut education spending.”

As for Indiana’s 25-year-long school choice experiment, Hicks concludes that it has been a failure. Why? Because the expansion of school vouchers and charter schools was used to justify spending less on public schools—precisely the policy course that we’re hurtling towards now. Today, Indiana spend less money per student on both K-12 and public higher education than it did in 2008.

GOP-run states have already begun to petition what’s left of the Department of Education for ‘funding flexibility’—the ability to spend Title 1 dollars, which now go to public schools serving low-income and rural students, on private religious education. We shouldn’t be surprised. This is precisely the vision laid out in Project 2025. (Fun fact: the same Heritage thinker who penned the education section of Project 2025 also co-authored the above referenced guide to getting young married ladies to have more babies.)

And just like in Indiana, school privatization will be used to justify reducing the investment in K-12 public education. So when an economist tells us that school choice “risks being Indiana’s single most damaging economic policy of the 21st century,” we should probably listen.

Trump has said repeatedly that “many people” have urged him to run for a third term. Who does he talk to other than sycophants?

He made clear in a recent interview that his people are looking for ways to circumvent the 22nd Amendment, which says “No person shall be elected to the office of the President more than twice…” Could that be any clearer?

One of Trump’s first executive orders attempts to eliminate birthright citizenship, which is explicitly guaranteed in the first sentence of the 14th Amendment, so it’s obvious that Trump has no respect for the Constitution despite having taken an oath to support and defend it. I would say that his failure to put his hand on the Bible explains his indifference to the Constitution but he is also indifferent to the Bible (unless he is selling it).

Of course, Trump wants a third term! What a great job he has! He can punish, insult, even prosecute his enemies. He can force powerful law firms to cower before him, he can threaten universities unless they abolish courses that he doesn’t like, he has the powers of a king because the U.S. Supreme Court said he has “absolute immunity” for anything he does as President. He could order the military to murder his critics and say it was for “national security.” Absolute immunity!

Better still, he doesn’t have to work! He flies home to Mar-a-Lago every weekend to golf. He signs a few executive orders every day. His crew of mean-spirited, hateful people does the heavy lifting; they write the executive orders. They think of new ways to diminish federal programs that help people in need. They are hard at work thinking up ways to reduce the number of people who get Medicare orcSocial Security.

Really, what Trump have to do other than sign executive orders? Not much. His staff knows not to bore him with intelligence briefings.

It’s true that he has to tolerate Little X, Elon’s snot-nosed kid, who put a booger on the Resolute Desk. (Trump was not content to order the cleaning of the historic desk, he sent it out to be completely refinished, all because of a booger.)

Great job! All expenses paid. Full-time security for Trump and all his family, and he “works” fifteen minutes a day signing executive orders that his mean team wrote.

The USA was a great country while it lasted. Will he name it Trumplandia after he has taken Canada and Greenland?

Politico analyzed four ways he could try for a third term:

  1. Repeal or revise the 22nd Amendment. But that seems highly unlikely since it would require 3/4 of the states to ratify any change in the Constitutuon.
  2. Sidestep the Constitution by having JD Vance run for President and Trump as Vice President, with Vance pledging to resign if elected so Trump can be President again.
  3. Ignore the Constitution. Trump could run again, a subservient Republican national Committee would endorse him, and a supplicant Supreme Court would comply.
  4. Defy the Constitution. Refuse to leave office. Call a national emergency and suspend another election.

All the stuff of Fascism. But none of it beyond Trump’s egotism.

Michael Elsen-Rooney of Chalkbeat reported that New York will not comply with Trump’s demand to ban Diversity, Equity and Inclusion. The Trump Department of Education warned states that refusal to comply might lead to a suspension of federal funding.

The Department’s demand is illegal. Federal law explicitly forbids any interference by federal officials with the curriculum or program of any public school.

Elsen-Rooney wrote:

New York will not comply with an order from President Donald Trump’s administration to certify that school districts are eliminating diversity, equity and inclusion initiatives, state Education Department officials said in a Friday letter obtained by Chalkbeat.

The letter represents some of the earliest and most forceful pushback to Thursday’s threat that gave state education agencies 10 days to guarantee that no public schools in their states have DEI programs the Trump administration deems illegal — or lose billions of dollars in federal education funding.

Federal officials cited the 2023 Supreme Court decision banning race-based affirmative action in college admissions in arguing that any school DEI program used to “advantage one’s race over another” violates federal Title VI of the Civil Rights Act.

But New York officials countered that the state has already certified on multiple occasions that it follows federal anti-discrimination law, and that the U.S. Education Department has no legal right to threaten to withhold federal funding over its own interpretation of the law.

The state Education Department “is unaware of any authority that USDOE has to demand that a State Education Agency … agree to its interpretation of a judicial decision or change the terms and conditions of [New York State Education Department]’s award without formal administrative process,” wrote Counsel and Deputy Commissioner Daniel Morton-Bentley.

“We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion. … But there are no federal or State laws prohibiting the principles of DEI,” Morton-Bentley continued. “And USDOE has yet to define what practices it believes violate Title VI.”

The state will not send any “further certification” of compliance with federal law, the letter concluded.

A spokesperson for the U.S. Department of Education did not immediately respond to a request for comment.

Michael C. Bender reports in The New York Times that the Trump administration is threatening to cancel funding from schools that refuse to eliminate programs or courses that teach DEI. The administration has turned civil rights enforcement upside down and inside out. For decades, civil rights law meant protection of racial minorities and women, who were often targets of discrimination, exclusion, or unfair treatment. This administration worries most about the rights of white students.

Secretary of Education Linda McMahon clearly doesn’t know that federal law prohibits any federal official from interfering with or trying to influence curriculum.

“20 USC 1232a: Prohibition against Federal control of education. Text contains those laws in effect on April 2, 2025

§1232a. Prohibition against Federal control of education

No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance.

What Secretary McMahon proposes is illegal.

Bender writes:

The Trump administration threatened on Thursday to withhold federal funding from public schools unless state education officials verified the elimination of all programs that it said unfairly promoted diversity, equity and inclusion.

In a memo sent to top public education officials across the country, the Education Department said that funding for schools with high percentages of low-income students, known as Title I funding, was at risk pending compliance with the administration’s directive.

The memo included a certification letter that state and local school officials must sign and return to the department within 10 days, even as the administration has struggled to define which programs would violate its interpretation of civil rights laws. The move is the latest in a series of Education Department directives aimed at carrying out President Trump’s political agenda in the nation’s schools.

At her confirmation hearing in February, Education Secretary Linda McMahon said schools should be allowed to celebrate the Rev. Dr. Martin Luther King Jr. But she was more circumspect when asked whether classes that focused on Black history ran afoul of Mr. Trump’s agenda and should be banned.

“I’m not quite certain,” Ms. McMahon said, “and I’d like to look into it further.”

More recently, the Education Department said that an “assessment of school policies and programs depends on the facts and circumstances of each case.”

Programs aimed at recognizing historical events and contributions and promoting awareness would not violate the law “so long as they do not engage in racial exclusion or discrimination,” the department wrote.

“However, schools must consider whether any school programming discourages members of all races from attending, either by excluding or discouraging students of a particular race or races, or by creating hostile environments based on race for students who do participate,” the Education Department said.

It also noted that the Justice Department could sue for breach of contract if it found that federal funds were spent while violating civil rights laws.

The federal government accounts for about 8 percent of local school funding, but the amounts vary widely. In Mississippi, for example, about 23 percent of school funding comes from federal sources, while just 7 percent of school funding in New York comes from Washington, according to the Pew Research Center.

“Federal financial assistance is a privilege, not a right,” Craig Trainor, the acting assistant education secretary for civil rights, said in a statement. “When state education commissioners accept federal funds, they agree to abide by federal anti-discrimination requirements.”

In this essay in The Washington Post, columnist Dana Milbank offers to give Elon Musk private lessons about the Constitution. At no extra fee, he will let Donald Trump join the class. Both men are woefully ignorant of the foundational principles of American law. Musk was raised in South Africa, when apartheid was in force, so his ignorance is understandable. Trump has no excuse.

Milbank writes:

The man President Donald Trump put in charge of taking a chain saw to federal agencies showed once again this week that he lacks even a rudimentary understanding of the government he is dismembering.

“This is a judicial coup,” Elon Musk proclaimed, reacting to the growing list of federal judges who have moved to halt the Trump administration’s headfirst plunge into lawlessness. “We need 60 senators to impeach the judges and restore rule of the people.”

How did this guy pass his citizenship test?

As the framers wrote in the Constitution, it is the House, not the Senate, that has “the sole power of impeachment.” And the Senate needs “the concurrence of two thirds of the members present” — 67, assuming full attendance, not 60 — to convict.

More important, the framers wrote that judges hold their offices for life “during good behavior” — which has been understood to mean they can only be impeached for corruption. That is how it has been since the 1805 impeachment trial of Supreme Court Justice Samuel Chase, when Chief Justice John Marshall, himself a Founding Father, persuaded the Senate to abandon the idea that “a judge giving a legal opinion contrary to the will of the legislature is liable to impeachment.”

Musk, growing up in apartheid-era South Africa, probably wasn’t taught to revere constitutional democracy. But what’s the excuse of his colleagues in the Trump administration?

They have issued scores of executive orders that flatly contradict the Constitution and the laws of the land. Apparently, they are hoping a submissive Supreme Court will reimagine the Constitution to suit Trump’s whims — and federal judges have reacted as they should, by slapping down these lawless power grabs. As such, the administration is on a prodigious losing streak in court. Judges, in preliminary rulings, have already blocked the administration more than 50 times. Over the past week alone, judges:


• Ended Musk’s access to the private Social Security data of millions of Americans for a “fishing expedition.”
• Halted Musk’s continued destruction of the U.S. Agency for International Development.
• Blocked enforcement of Trump’s executive order banning transgender people from military service.
• Stopped the administration from terminating $20 billion in grants from a congressionally approved climate program.
• Ordered the Education Department to restore $600 million in grants to place teachers in struggling schools.
• And, most visibly, required the administration to halt the deportation flights of Venezuelan migrants to a Salvadoran prison without any judicial review — an order the administration evidently defied.

There’s an obvious reason Trump is getting swatted down so often: He’s breaking the law. Instead of changing course, the administration is now trying to discredit the courts — and the rule of law. White House adviser Stephen Miller denounced “insane edicts of radical rogue judges” and declared that a judge had “no authority” to stop Trump. Border czar Tom Homan went full-on authoritarian on Fox News: “We’re not stopping,” he said of the deportation flights a judge had temporarily halted. “I don’t care what the judges think.”

Trump called the U.S. district judge in the case, James Boasberg (appointed to the bench by George W. Bush and elevated by Barack Obama) a “radical left lunatic” who, “like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!” This drew a quick rebuke from Chief Justice John Roberts (in case Musk doesn’t know this, he’s also a Bush appointee), who reminded Trump: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.”

Trump later told Fox News that he “can’t” defy a court order — welcome news, except he apparently had done exactly that in more than one case — while arguing that something had to be done “when you have a rogue judge.”

Someone has gone rogue here, but it isn’t the judge. Boasberg’s actions are squarely within the best tradition of the judiciary, for they are in defense of principle, enshrined in the Bill of Rights, that no person in this country, citizen or alien, may be “deprived of life, liberty, or property, without due process of law.” This is precisely what the Trump administration denied to those it deported and imprisoned.

Violations of due process have been alleged in dozens of the cases against Trump’s executive actions: terminating workers and programs; eliminating grants; violating union contracts; denying care to transgender people; banning the Associated Press from the White House; abolishing civil rights enforcement and everything else the administration calls “DEI”; harassing law firms; and summarily deporting migrants. All of these things were done without notice, without recourse, without adjudication and without clarity about which laws give the president the power to do them.


“Due process” might sound technical, but it was elemental to our founding and remains at the heart of our legal system. Trump’s flagrant denial of due process is so radical that it isn’t only at odds with 200 years of U.S. law — it’s also contrary to another 600 years of English law before that. For the benefit of Musk (who doesn’t seem to know about such things) and his colleagues (who don’t seem to care), perhaps a refresher is in order.

For this, I called Jeffrey Rosen, who runs the nonpartisan National Constitution Center, which finds consensus between conservative and liberal scholars. The concept of due process, he explained, is in the Magna Carta, which in 1215 asserted that “no free man shall be arrested or imprisoned … except by lawful judgment of his peers or by the law of the land.” Britain’s 1628 Petition of Right, written during parliament’s struggle against the dictatorial Charles I, holds that “no man … should be put out of his land or tenement nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of law.” The king, who imposed forced loans on his subjects and imprisoned people without trials, was beheaded during the English civil war.


“That example completely inspired the American Revolution,” Rosen explained. “They compared the tyranny of George III to the arbitrary rule of Charles I, saying George III was violating due process of law by insisting that patriots are tried in England rather than in local courts, that they can be put in jail without trial, and their liberty is at the whim of the king.” During the revolution, due-process provisions appeared in the constitutions of Pennsylvania, Virginia, New York, North Carolina and Vermont. Similar language was included in the Fifth Amendment to the Constitution, then eventually repeated in the 14th Amendment to apply to all states.
“The very foundation of constitutionalism, which means a government according to law rather than autocratic whim, is the due process of law,” Rosen told me. “What distinguishes a constitutional officeholder from an absolute monarch or a tyrant is that he is bound by the Constitution and by laws.” Without due process, there is no free market, because private property can be taken without justification or explanation. Without due process, there are no civil liberties, for a person’s freedom can be taken for any reason, or none at all.


Without due process, you have what we see today: a leader using a wartime statute in peacetime to declare certain people to be dangerous gang members without providing any evidence, then imprisoning them without charges and finally denying the authority of the courts and defying a court order requiring the leader to obey the laws as written. It is no exaggeration to say that this is the road to despotism.

The Trump administration’s attempt to upend 800 years of settled law is staggering, but it is easily lost in all the other chaos the president is spreading. The Federal Reserve this week said that it expects slower growth and higher inflation than it did before Trump took office, in large part because of his tariffs, while falling confidence among consumers and businesses has raised the danger of recession.

In foreign affairs, Israel has restarted the war in Gaza, and Trump has launched a military campaign to see the Iran-backed Houthi militants in Yemen “completely annihilated.”

Trump failed to get Russian dictator Vladimir Putin to agree to a ceasefire in Ukraine, despite Trump’s bullying of Kyiv and his termination of efforts to document Russian war crimes — including the kidnapping of Ukrainian children.

Trump silenced the Voice of America, to the benefit and delight of China, Russia and Iran. Even the annual visit of the Irish prime minister to the White House for St. Patrick’s Day became mired in controversy when MMA fighter Conor McGregor, given the podium in the White House briefing room, proclaimed that “Ireland is at the cusp of potentially losing its Irishness” because illegal migrants are “running ravage on the country.” Responded the prime minister: “Conor McGregor’s remarks are wrong, and do not reflect the spirit of St Patrick’s Day, or the views of the people of Ireland.”

The new administration’s bows to white nationalism continue apace. It removed, at least temporarily, thousands of pages from the Pentagon website and others that celebrated the integration of the armed forces and the contributions of people of color: a Native American who helped hoist the U.S. flag on Iwo Jima, the Navajo code talkers of World War II, the Native American who drafted the Confederacy’s terms of surrender, baseball great Jackie Robinson, and a Black Vietnam veteran, on whose page the URL was changed to “deimedal-of-honor.” Trump, meanwhile, reiterated his offer to give “safe refuge” to White South Africans, while at the same time expelling the South African ambassador. The administration has restored the names of Fort Benning and Fort Bragg, which honored Confederates — getting around a law prohibiting this by technically renaming the bases for other people with the surnames “Benning” and “Bragg.”

The Forward, a Jewish newspaper, reported this week that the head of Trump’s antisemitism task force shared a post on X on March 14 from a white-supremacist leader asserting that “Trump has the ability to revoke someone’s Jew card.” (The aide apparently later unshared the post, whose author led a group that called on Trump supporters to become “racially aware and Jew Wise.”)

The sabotage of the federal government continues, as recklessly as before: dramatically cutting Social Security staff, offices and phone support while simultaneously requiring millions more of the elderly and disabled to apply for benefits in person rather than online; slashing the taxpayer help staff at the IRS and calling off audits; scaling back scientific research at the Environmental Protection Agency and the National Institutes of Health. Paul Dans, the former chief of Project 2025, told Politico that there “is almost no difference between Project 2025 and what Trump was planning all along and is now implementing.”

Trump appointed conspiracy theorist Michael Flynn, Sean Spicer, Steve Bannon’s daughter and the former White House valet to boards overseeing the U.S. military academies. He took time to visit the Kennedy Center, where he has fired the leadership — and used the visit to share “personal stories and anecdotes, including about the first time he saw ‘Cats’ and which members of the cast he found attractive,” as The Post’s Travis Andrews reported. The administration ordered the release of files on the John F. Kennedy assassination before bothering to remove the Social Security numbers of some people who are still alive.

Trump and his cronies continue to use the federal government for personal gain. Following last week’s promotional event for Musk’s Tesla at the White House, the commerce secretary recommended people buy Tesla stock, and the White House has installed Musk’s Starlink service despite security concerns. At the same time, Trump’s crypto project released a second crypto coin, raising $250 million to bring its total to $550 million — and 75 percent of the earnings go into the Trump family’s pockets. All of this is about as on the level as Trump’s golf game. “I just won the Golf Club Championship … at Trump International Golf Club,” he announced on Sunday, as storms and tornadoes ravaged a swath of the country. “Such a great honor!”

The most ominous development, though, is Trump’s expanding abuse of power to silence critics and disable political opponents. He went to the Justice Department last week and delivered a speech attacking lawyers who opposed him, such as Jack Smith, Andrew Weissmann, Norman Eisen and Marc Elias, as “scum” and “bad people” — and the administration has revoked the security clearances of many such lawyers. After issuing executive orders seeking to destroy three law firms because of their ties to Trump’s opponents, the administration has gone after 20 more law firms over their supposed DEI programs.

In the case of the alleged Venezuelan gang members, administration officials and allies are celebrating their defiance of the court. President Nayib Bukele of El Salvador, which the Trump administration is paying to jail deported migrants at its infamous 40,000-inmate prison, responded on X to Judge Boasberg’s order by saying “Oopsie … too late,” with a laugh-cry emoji. Secretary of State Marco Rubio retweeted it, and Musk added his own laughing emoji. And Attorney General Pam Bondi outrageously claimed “a DC trial judge supported Tren de Aragua terrorists over the safety of Americans” — even though the migrants would not have been released under the court order, which only delayed their deportation.

After a reporter asked the president whether he would cut off Secret Service protection for former president Joe Biden’s children, Trump did exactly that. Trump’s acting head of the Social Security Administration admitted that he had canceled contracts with the state of Maine because he was “upset” at Maine Gov. Janet Mills, a Democrat, for not being “respectful” of Trump during a public exchange they had. Congressional Republicans, meanwhile, have asked Trump’s FBI to probe the main Democratic fundraising platform, saying it “has advanced the financial interests of terror.”

Trump cut off $175 million of government funds going to the University of Pennsylvania because of its policy on trans athletes, following the White House’s suspension of $400 million of funds to Columbia University over Gaza protests there and its demand that the school change its discipline and admissions policies. More than 50 other universities are under investigation. Trump’s acting U.S. attorney for D.C., Ed Martin, has threatened to punish Georgetown Law School if it doesn’t change its curriculum, calling it “unacceptable” for the school to “teach DEI.”

Trump, in his appearance at DOJ, said negative coverage of him on CNN and MSNBC “has to be illegal.” He proclaimed that Biden’s use of the pardon, a constitutional power, to preemptively protect members of the House Jan. 6 committee from Trump’s harassment was “null and void.”

He fired the two Democratic commissioners from the Federal Trade Commission, his latest defiance of federal statutes protecting independent commissions. His administration fired the board of the independent U.S. Institute of Peace and seized control of its building, physically removing its president and threatening prosecution.

Then there are the summary deportations of people Trump finds undesirable. The administration has arrested and is seeking to deport a Columbia graduate student who is a green-card holder with no criminal record because of his role in Gaza protests. It deported a Brown University doctor even though a judge had issued an order requiring 48 hours’ notice before her deportation.

In the House, Trump’s allies raced to obey his instructions, filing impeachment articles against Boasberg on Tuesday. Freshman Rep. Brandon Gill (R-Texas) submitted the articles, joined by five others. House Republicans have also moved to impeach four other federal judges over disagreements with their rulings.

Thus are Trump and his allies ignoring 215 years of precedent, going back to Samuel Chase, that objections to courts’ opinions are to be resolved through the appeals process, not impeachment.
Thus are Trump and his allies turning their backs on 810 years of precedent, going back to the Magna Carta, in which we protect ourselves from tyranny through the due process of law.

But this is where we are. White House press secretary Karoline Leavitt, in a delectable Freudian slip, proclaimed in a briefing this week that “we want to restore the Department of Justice to an institution that focuses on fighting law and order.”


If that is the goal, the Trump administration is to be congratulated on a job well done.