Archives for category: History

I have not seen Tucker Carlson’s interview of Vladimir Putin but I’ve heard plenty about it. On Chris Wallace’s show, Bret Stephens of the New York Times called Tucker the “Tokyo Rose” of our time. Hillary Clinton, interviewed on MSNBC by Alex Wagner, said he was “a useful idiot,” a term first used by Lenin to describe the dupes who parroted Soviet propaganda.

British investigative journalist John Sweeney reviewed Tucker’s interview and was even more scathing in his reaction. John Sweeney blogs at JohnSweeneyRoars. There is more to read so open the link.

He wrote:

Two narcissists but only one looking-glass: what was so bleakly and blackly comical about the Russian strong man Vladimir Putin granting an audience to the far-right showman, Tucker Carlson, was that even the American stooge could not hide his irritation at how boring the little man in the Kremlin was. Putin sensed that annoyance and gave Carlson bitch-slap after bitch-slap.

It would have been more amusing if Carlson had tottered out but the gravity of their shared neo-fascist agenda kept the two planet-sized egos in orbit, just. However, the big reveal of the-useful-idiot-meets-serial-killer show was that the two beauties really didn’t get on. Down the track, I look forward to a leak of what Carlson really felt about Putin. Lines like: “ungrateful dwarf sonofabitch” come to the novelist in me.

Sweeney the journalist notes the glorious moment when Putin upends the conventions and attacks the supplicant for a previous job application. Putin, puffy cheeked on steroids as ever, is waxing long about the 2014 Maidan revolution when the unarmed Ukrainian opposition took to the streets to bring down Kremlin puppet President Viktor Yanukovych:
Putin: “The armed opposition committed a coup in Kiev. What is that supposed to mean? Who do you think you are? I wanted to ask the then US leadership.

Tucker: With the backing of whom?

Vladimir Putin: With the backing of CIA, of course, the organization you wanted to join back in the day, as I understand. We should thank God, they didn’t let you in.

Carlson looks so mortified that I wondered whether his carefully coiffed hairdo might levitate in horror, as well it might. Who would have known that this career anti-elite hobgoblin had once tried to join the Company? Well, the former head of the Russian intelligence service, for one.

I feel I am entitled to be critical of Tucker Carlson because, firstly, he is a traitor to the human soul, and, secondly, I have interviewed Putin myself. Back in 2014, after the shooting down of MH17 by a Russian BUK missile, my colleagues at BBC Panorama and I worked out that the little man in the Kremlin was going to open some museum of mammothology in Yakutsk in the far east of Siberia. I rocked up, popped my question, Putin was caught in the bright lights of the Kremlin’s patsy media cameras – they thought my popping up had official permission – and Peskov, his PR man, was embarrassed. A few hours a goon came and punched me in the stomach. The Kremlin didn’t like my question. Still, I got off lightly.

Carlson’s interview set out several things about Putin to his core audience of ignorant white Americans who don’t like the twenty-first century (although they have been pretty clear to some of us for two decades, more): that Putin is boring, very; that he is nasty, very; that he is used to getting his own way to a pathological extent; that he is a liar; that he is incapable of explaining why he has invaded Ukraine in simple terms that make sense because he can’t.

Carlson wanted so little from the Russian dictator but the pleonexic couldn’t bring himself to be the least bit generous. Pleonexia is a term first applied to Putin by the great Kremlin-watcher Masha Gessen, meaning: having an irresistible urge to take things that rightfully belong to another. I wrote a whole chapter of my book, Killer In The Kremlin, on Putin’s craving to take from others: objects, countries, yes and yes, but also the time of others too. Putin turned up late for our departed Queen, late for the King of Spain, late for the Pope and four and a half hours late, of course, for then German Chancellor, Angela Merkel. So Carlson should not have been the least bit surprised that Putin stole his time, wasting the precious first half hour of the interview by setting out a dark fairy story that history showed that Russia has a right to repress Ukraine.

How can I best summarise Putin’s case? He was talking bollocks, total bollocks. The evolution of Ukraine and then Russia – Kyiv was a well-organised citadel in the tenth century when Moscow was still a few sticks in a bog – is messy and complicated. But the modern world started in 1945 and rule number one, in Europe at least, was that no country should invade another. Nothing whatsoever from the past trumps that. Full stop.

One other Putin comment which will drive up the Polish defence budget by another five percentage points was that the Poles somehow brought on 1939 themselves, that they should have negotiated with Hitler. What? Hello?

Carlson is a great showman, his glands unctuous, his tongue fluent but he is also a profoundly stupid man who even failed to get a degree from the rich kid’s diploma factory his family money sent him to.  I didn’t expect him to challenge Putin on the Russian’s fairytale history lesson but there is one simple thing that even a very thick CIA reject should have cottoned on to. One of Putin’s beefs about Ukraine is that their leaders are Nazi. President Zelenskiy is Jewish. Hello?

OK, let me break this down in a simple way by telling a true story of just how un-Nazi Ukraine is, from my own personal experience. At the height of the Battle of Kyiv, when the Russian army was twelve miles away from the city centre, I got a call from the Jewish Chronicle in London, inviting me to be their stringer. I explained that I wasn’t Jewish. They replied that they knew but there was no-one else. I said yes because it struck me as funny to work for a Jewish paper in a country the Kremlin said was Nazi. I got to hang out with the Chief Rabbi of Ukraine, to see Jewish aid relief to the front lines of Ukraine, to talk to soldiers who were Jewish – and also Muslim and Christian and those with no faith. The one thing I have not seen is strong evidence of Ukraine being Nazi. Because it isn’t.

All Carlson had to do was say: “but Mr Putin, how could Ukraine be Nazi if the President is Jewish?”

He did nothing of the kind. Carlson’s commitment to the cause, some kind of lower case Fascist International, was greater than his nous. But we knew that, didn’t we?
The worry remains that Carlson’s core audience will, once again, place their prejudices above their ability to weigh evidence. That is what the political religion they call MAGA does. What we all saw is a thoroughly horrible human being with a closed mind meeting the President of Russia. The latter, it turns out, is also a thoroughly horrible human being with a very closed mind and a bore – a crushing one at that.

Open the link and read on.

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

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

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

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

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

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

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

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

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

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

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

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

European leaders also criticized Trump’s comments. 

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

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

Twenty-five of the nation’s leading historians submitted an amici curiae brief in support of the decision by Colorado’s Supreme Court to disqualify Donald Trump as a candidate for the Presidency. The signers are scholars of the Reconstruction era, when the Fourteenth Amendment was written. They address with admirable clarity the issues in the case.

The issue they did not address is the one the Supreme Court justices focused on: can one state remove a candidate from its ballot? Would this create incentive for Trump states to remove Biden? Would this lead to chaos, a Trump specialty?

This is the language at the center of the case:

Fourteenth Amendment Equal Protection and Other Rights

  • Section 3 Disqualification from Holding OfficeNo person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The lower court in Colorado ruled against disqualification on the grounds that the President of the United States is not “an officer” of the federal government. As it happens, the issue was discussed by members of Congress when they wrote Section 3 of the Fourteenth Amendment.

Some of Trump’s defenders claim that Congress never passed any enabling legislation. This issue was debated by Congress at the time.

The brief is interesting reading.

Donald Trump has delayed his trial on charges that he tried to overturn the 2020 election by claiming that he enjoys “presidential immunity” for everything he did while in office. The federal district judge hearing his case—Judge Tanya S. Chutkan— ruled against him. Today a three-judge federal appeals court ruled against him. The three judges were two appointed by Democratic presidents and one appointed by a Republican president.

It is a historic decision. It is a history lesson of the utmost importance.

I urge you to read it.

It is a stirring defense of democracy and the rule of law.

A few citations:

For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution…

We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed. We conclude that ‘Concerns of public policy, especially as illuminated by our history and the structure of our government’ compel the rejection of his claim of immunity in this case…

We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly ‘official’ action that he took as President—a contention that is unsupported by precedent, history or the text and structure of the Constitution. Finally, we are unpersuaded by his argument that this prosecution is barred by ‘double jeopardy principles.’

The justices ruled that what Trump sought (immunity from prosecution) was an unprecedented assault on the structure of our government

We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results. Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count…

It would be a striking paradox if the President, who alone is vested with the constitutional duty to “take Care that the laws be faithfully executed,” were the sole officer capable of defying those laws with impunity…

The quadrennial Presidential election is a crucial check on executive power because a President who adopts unpopular policies or violates the law can be voted out of office.

We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power—the recognition and implementation of election results. Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count.

Former President Trump’s alleged efforts to remain in power despite losing the 2020 election were, if proven, an unprecedented assault on the structure of our government. He allegedly injected himself into a process in which the President has no role—the counting and certifying of the Electoral College votes—thereby undermining constitutionally established procedures and the will of Congress …

At bottom, former President Trump’s stance would collapse our system of separated powers by placing the President beyond the reach of all three Branches. Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter. Careful evaluation of these concerns leads us to conclude that there is no functional justification for immunizing former Presidents from federal prosecution in general or for immunizing former President Trump from the specific charges in the Indictment. In so holding, we act, “not in derogation of the separation of powers, but to maintain their proper balance.”

The judges pointed out that other presidents have recognized that they were not immune from prosecution after they left office. That’s why President Ford pardoned President Nixon and why President Clinton accepted a deal to pay a fine and surrender his law license when he left office.

They noted the irony that the President is sworn to Take Care that the laws are faithfully executed yet was appealing to be immune from those laws.

It’s a good read.

As you know, Governor Abbott of Texas placed the Texas National Guard in control of the international border which is the Rio Grande River, where immigrants have been wading or swimming across. The Texas Guard refused to allow the U.S. Border Patrol to enter the section they control near Eagle Pass, Texas. Recently a woman and her two small children drowned in the section patrolled by the state.

The Biden administration sued the state to recognize the supremacy of federal law. The federal district court agreed with the feds. The Fifth Circuit Court of Appeals agreed with the state. The U.S. Supreme Court ruled 5-4 for the federal government.

Now Governor Abbott says he will ignore the Supreme Court because the state is facing an “invasion.”

The PBS Newshour invited a notable constitutional lawyer, Stephen Vladeck of the University of Texas, to discuss the issues.

I’m not a lawyer but it seems to me that the issue of states’ rights was settled in 1865.

Meanwhile, Governor Abbott is scoring lots of points for defying the federal government and the Supreme Court. Texas has a small but loud minority that wants to secede from the U.S.

Abbott wants a confrontation with the federal government. Biden will have to stand up to Abbott’s grandstanding while taking a strong position on securing the border.

While rummaging around the Internet, I came across two connected articles by a writer I had not heard of. I was so impressed by his clarity that I wanted to share his analysis with you. Fisher is Head of Health Innovation at HealthIL.org in Tel Aviv.

Part 1 is titled: Israel Has Lost the War.

Part 2 is titled: Hamas Has Lost the War.

This is the first part of a two-part series.

We will cover how Israel lost on the domestic front, on the Jewish Community front, and on the Global front. And then some ideas of what to do.

Harsh truths coming your way…

Make sure to read Part 2 on how Hamas Has Lost The War — as I have stated before, it is imperative to look at both sides.

ISRAEL LOST THE DOMESTIC WAR

On Oct. 7th Hamas Terrorists instigated a war — killing civilians, including children and babies, and taking hostages — of which over 100 are still in captivity.

Israel responded by launching an assault on the Hamas Terrorists in the Gaza strip, of which thousands of Gazan civilians have also tragically perished.

Israel effectively lost the second they decided to respond because they played directly into Hamas’ well-known trap of forcing a strong response from Israel, which galvanizes Jew Hatred, which forces Israel to back down and let Hamas replenish for the next round. Lather, rinse, repeat.

As Tom Friedman suggested recently in the NYT, maybe it would have been better for Israel to think strategically instead of instinctively and let the atrocities of Hamas resonate across the globe and create an alternative plan with the help of allies (what few remain).

But Israel’s true failure isn’t tactical, it is internal.

Ever since Netanyahu started his 16 year choke-hold on Israel, his government has failed to treat Hamas as the Jihadi terrorist organization it really is, turning a blind eye toward repeated warnings, and all for the sake of narcissism, holding on to power, appealing to far right settler/ultra-orthodox crazies, and actively avoiding any conversation about “Peace.”

In fact, in the weeks before Oct 7, the Netanyahu government moved soldiers from the Gaza border to the West Bank, allegedly to “protect” a bunch of settler crazies who wanted to build a Sukkah in the West Bank to provoke the Palestinian population.

And then everything blew up.

The longer-term result of the October 7th Massacre is the complete destruction of internal trust. Israelis no longer trust the government to protect them. Israelis no longer trust each other — and there is a fear that the already tenuous relationship between Israeli Jews and Muslims will erode into chaos.

And Israelis no longer trust in the future of the country.

There is little doubt that this Netanyahu government will screw it up, and there doesn’t seem to be any plan for the future — whether it is dealing with Hamas, dealing with Hizballah, or anything else. So far Israelis have received no cogent plan for anything; just pomposity and calls from crazy right wingers to create new settlements in Gaza.

Israel Lost the Jewish Front

Let’s be real for a second. Israel, and Jews, have lost credibility. It doesn’t matter how many times Israel (or Jews) call out blatant one-sided hypocrisy, it falls on deaf ears.

Support from the global community is quickly waning, and even Israel’s historic allies like Canada, Australia, and the UK are backpedaling.

And can you blame them? How do Israeli politicians expect anybody in the world to trust Israel? The country has a prime minister who is a criminal, but is un-convicted. It has far right settler crazies who go on violent rampages in the West Bank but are never prosecuted. And very recently, Simcha Rothman, an ultra-conservative member of parliament (Knesset) submitted a proposed bill to the government denying due process to Hamas terrorists.

This creates a moral conundrum: is Israel a country that respects the rule of law for all, or is the rule of law selective only to Jewish Israelis? Keep in mind this is the same Simcha Rothman who was put in charge of ramrodding the preposterous Judicial Reform in Israel — moving the country markedly away from Democracy and toward a theocratic dictatorship.

Long gone is the Israel of the Biden generation — when Israel granted even Eichmann a trial and due process of law, and even paid for Eichmann’s legal fees (!!!). The Israel of today, as seen from the global lens, is one where morality is tossed aside in favor of courting favor with far-right extremists and Ultra-Orthodox religious fanatics, all so Netanyahu can maintain his seat on the throne.

David Ben Gurion spoke passionately of Israel as the “Light Unto the Nations” — a moral and social beacon in the middle of a violent and backwards Middle East. Over the last two decades Israel has had a number of opportunities to rise above and build long term strategic plans to ensure stability and possibly even Peace. Instead, Israel decided to cave to the short-sighted whims of far right extremists and the Ultra-Orthodox.

Turns out that Israel isn’t a “Light Unto the Nations”, but is just as crappy as every other country…

So what to do now?

This part is much easier said than done.

1. Halt all expansion in the West Bank; immediately and permanently.

This is not a PR trick. Continued Israeli expansion in the West Bank is untenable in the long run, politically, morally, and economically. (I wrote that article in 2014! Think how much worse it is now). I don’t know what to do with the settlements going forward, but stopping expansion needs to happen now.

2. Get rid of the crazies.

All of the fanatic right wingers need to leave. They are causing material damage to Israel, politically, economically, internationally. Of course, this requires voting them out (yes, Israel is a democracy).

3. Support non-Jewish Israelis

This may come as a shock to many readers, but Israel is not, in fact an Apartheid state. Non-Jewish citizens get full rights as Jewish citizens, as protected by law. But (big but), inequalities are persistent and have been neglected for decades. Israel needs to do more to address inequality for Arab Israelis (Muslims, Christians, Druze, etc…). They are a vital and vibrant part of the country and represent over 20% of the population.

4. End this silly “Judicial Reform”

Obvious.

5. Stop bankrolling Ultra-Orthodox idleness

Israel is a global powerhouse of technological innovation in all sectors. Every single country in the world benefits from Israeli innovation, directly or indirectly. I firmly believe that shared economic well-being can be a major impetus toward coexistence (see Israel and the UAE). The Israeli health-tech sector (near and dear to my heart) has the potential to improve lives across the globe, especially across the greater MENA region.

But tech innovation and the shared prosperity and progress that comes with it has one major prerequisite — smart human capital. Every cent that goes toward unproductive aims — like massive subsidies to the Ultra Orthodox — do damage to Israel’s future.

Plus, I don’t want to live in a theocracy.

6. Admit you can’t “Destroy Hamas”

I get the need to rally around the flag, but it is also impossible. You can’t “eliminate Hamas” because Hamas is not a person or a group — it is an ideology. Much like ISIS was never really eliminated.

This means Israel needs to shift focus toward strategic longer term approaches and not pure militant approaches.

Good luck to all of us.

My view: I endorse Yoav Fisher’s views. But I would go even farther than him regarding the West Bank settlements, which is easy for me to say since I don’t live in Israel. I think they should be completely removed from the West Bank, because that area would be part of any future Palestinian state. Ariel Sharon dismantled Israeli settlements in Gaza in 2005, despite angry protests. But he knew it had to be done. The West Bank settlements don’t belong there; they were intended to be an obstacle to a new Palestinian nation.

And as a note to readers, I want to explain Fisher’s reference in point 5 to “Ultra-Orthodox idleness.” These groups, known as Haredi in Israel, believe that boys and men should devote themselves to studying Torah. They are exempt from military service, and they pay little, if any, taxes. Their wives, who are second-class citizens, work at low-wage jobs to support the family. The Haredi are politically powerful, even though they are only 10% of the population (and growing), and they are subsidized by the government.

An article in Foreign Policy—written before October 7– claimed that Haredi power had peaked, but that may have been wishful thinking. After that fateful day, some Haredi volunteered and some even joined the military. But secular Jews like Fisher nonetheless believe that the government should not subsidize their life of Torah study.

Leonie Haimson is a tireless advocate for better public schools and reduced class sizes. She leads a small but powerful organization called Class Size Matters. I am a member of her board (unpaid, of course, as she is).

CSM is powerful because Leonie is tireless. She attends meetings of the City Council, the Panel on Education Policy (I.e., the Board of Education); she testifies at City Council hearings and goes to Albany to testify when the education committees meet. She finds lawyers to work pro bono and files lawsuit to seek more funding for the schools. She works with parent groups to support or oppose the latest decision by the mayor. She meets with elected representatives. She writes op-Ed’s for the local press. She almost single-handedly collapsed Bill Gates’ inBloom, which hoped to collect personally identifiable information about every student in every state. She scrutizes the budget of the NYC public schools, even more intensely than those who are paid to do it. She once blocked a bad deal that saved the city $600 million, by exposing the sordid record of the contractor.

The elected officials in Albany are now considering whether to renew mayoral control of the public schools. Michael Bloomberg persuaded the Legislature to give him control soon after he was elected in 2001. He promised all sorts of miraculous improvements. He would be accountable, he said.

Leonie testified recently at a hearing on mayoral control and explained that mayoral control did not increase accountability. In fact, it decreased accountability. No one listened to parents. One of Bloomberg’s chancellors (his second, who lasted only 90 days) mocked parents who expressed their grievances at a public hearing.

The mayor hired a lawyer with no experience in education to be the schools’ chancellor. He did not trust educators and surrounded himself with people from the corporate sector.

The mayor had a majority of appointments on the city’s “Panel on Education Policy,” a toothless replacement for its Board of Education. When the members of the Panel threatened to reverse one of his decisions, he fired the disobedient appointees on the spot and replaced them with others who served his wishes.

The mayor could do whatever he wanted, regardless of the views of teachers, parents, students, communities. Beloved public schools that served the neediest of students were closed and replaced with small schools that did not accept the neediest of students. He opened scores of charter schools that were free to reject or exclude students they did not want, then crowed about their test scores. (Now a private citizen, Bloomberg continues to give hundreds of millions to charter schools; no big deal for him, as his assets exceed $60 billion).

Leonie stands on a solid foundation of knowledge, experience, and persistence. Sometimes I think she wins battles because the electeds don’t want her to pester them anymore.

She is the undisputed champion of reduced class sizes.

More power to her!

In case you have not read the Amendments to the Constitution lately, you will learn something new in this post. Michael Meltsner wrote in The American Prospect that Section 2 of the Fourteenth Amendment is as important as the well-discussed Section 3 (which says that a person who has taken the oath of office and engaged in an insurrection may not run for federal office). As I hope you know, Amendments 13, 14, and 15 were written in the aftermath of the Civil War and were meant to abolish slavery, guarantee equal rights to all Americans, and establish the right to vote.

Here is Section 2:

Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.

Meltsner wrote:

Attention in recent days has been paid to the Colorado Supreme Court’s ruling that Donald Trump can be barred from the presidential ballot for participating in an insurrection as ordered by Section 3 of the 14th Amendment. Maine’s secretary of state has also ruled Trump out. But under the radar, a separate case involving that amendment has been working through the courts, which would be just as impactful for the outcome of the 2024 elections.

About a year ago, I reported in the Prospect on a pending lawsuit filed on behalf of a citizens group by former Department of Justice lawyer Jared Pettinato. The suit asks that the Census Bureau be required to enforce Section 2 of the 14th Amendment, enacted in 1868 to strip congressional representation from states that disfranchise voters. The text applies to general methods states adopt that keep people from voting and is not limited to racial discrimination. The proportional loss of congressional representation would also reduce the votes that states would get in the Electoral College.

The Section 2 case is now moving toward resolution. Briefs have been filed, and oral argument is expected shortly before the court of appeals in Washington, D.C.

Cases involving the two constitutional provisions of the 14th Amendment have major differences and striking similarities. Neither has been authoritatively interpreted.

On a structural level, enforcing Section 2 for the first time would conceivably sanction and thus potentially eliminate the web of restrictions and hurdles that keep substantial numbers of citizens from casting a vote. Some states would lose representatives, and electoral votes, to states that make it easier to vote. In contrast, the Section 3 insurrection issue is individualized, dealing only with a former president whose misdeeds are unique in American history.

But in both cases, the courts are being asked to render decisions that could change the political balance of power, outcomes that involve judicial intervention similar to the much-criticized Bush v. Gore decision that determined the presidency in 2000.

Finally, the odds are that the Colorado case will be reversed by the Supreme Court, while the future of the citizens group challenge under Section 2, while a long shot, is far from settled.

In the Section 2 case, a trial court decided that the plaintiffs lacked legal standing, in large part because they hadn’t sufficiently shown that specific states would certainly lose and gain seats. But Pettinato’s complaint alleges at least one concrete disfranchisement scenario (and others are obvious).

Wisconsin’s 2011 voter ID law prevented 300,000 registered voters who lacked identification from casting a ballot, according to U.S. District Court Judge Lynn Adelman. This finding was accepted as true on appeal, and should be accepted as true at this stage of the Section 2 litigation. As 300,000 registered voters is approximately 9 percent of Wisconsin’s total registrants, the complaint reasons that Wisconsin should lose 9 percent of its representatives, equal to one member of Congress and one electoral vote. Another state would gain that representative.

It may be significant that DOJ lawyers have now injected a new defense in their brief in the court of appeals, a move that often signals a belief that the theory relied on in the lower court is ultimately unpersuasive.

It’s amazing that, given the central role courts construing constitutional texts play in our public life, the terms of operationalizing the 135 words of Section 2 have never been settled in over 150 years. The few lawsuits brought under its terms have almost all found ways to avoid enforcement. Only one case, which I filed in the 1960s when I was first assistant counsel at the NAACP Legal Defense Fund, had a different and unusual outcome. In that case brought by a group led by feminist and civil rights leader Daisy Lampkin, the judges unanimously took remedying disfranchisement by enforcing Section 2 seriously, but stayed their hand because they supposed the Voting Rights Act of 1965 might make enforcing it unnecessary.

Regardless of the outcome in the court of appeals, the Supreme Court will be asked to decide whether the Constitution’s explicit remedy for disfranchisement has life or should be ignored. The Court has many tools that can be used to continue the tradition of nonenforcement. Standing to sue doctrine allows avoiding decisions on the merits; but with respect to Section 2, continued use of it in case after case amounts to saying that what the Constitution says doesn’t matter. For a judiciary that roams across the scope of American life in its decisions, such an outcome can only be seen as random, and thus really political, decision-making. And deciding the Section 3 case to allow Trump back onto the ballot while avoiding a decision in the Section 2 case would have clear political overtones.

Plus, failing to recognize the vitality of Section 2 will surely raise the specter of hypocrisy, as conservative justices have often looked to the original understanding of constitutional texts to justify decisions, an approach that would bring the 1868 disfranchisement remedy to the present day.

Here is another view of Section 2: https://constitution.findlaw.com/amendment14/annotation12.html#

A new commenter on the blog ssserted recently that real scholars don’t express their views about current events. Our reader “Democracy” here excerpts a recent article by a genuine scholar, David Blight of Yale University. Professor Blight is an eminent scholar of African American history, who recently edited a volume of Frederick Douglass’s writings for the Library of America. The following excerpt cited was published in the New York Review of Books.

Incidentally, the Washington Post reported that Trump responded to Nikki Haley’s concern about his age by saying that he took a mental test of 35-40 questions where he was shown a picture of a giraffe, a tiger, whale, and he correctly identified the whale. It sounds like a test for little children or non-English speakers.

Democracy wrote to the blog:

David Blight, historian from Yale, recently called Trump woefully “ignorant” about history, and, in essence a liar.

But Trump IS the current Republican Party, and here’s Blight on that:

“Changing demographics and 15 million new voters drawn into the electorate by Obama in 2008 have scared Republicans—now largely the white people’s party—into fearing for their existence. With voter ID laws, reduced polling places and days, voter roll purges, restrictions on mail-in voting, an evisceration of the Voting Rights Act of 1965, and a constant rant about ‘voter fraud’ without evidence, Republicans have soiled our electoral system with undemocratic skullduggery…The Republican Party has become a new kind of Confederacy.”

“This new Confederacy is regional and rural. It knows what it hates: the two coasts, diverse cities, marriage equality, certain kinds of feminism, political correctness, university ‘elites,’ and ‘liberals’ generally. It is racial and undemocratic. It twists American history to its own ends, substituting ‘patriotism’ for scholarship and science. It has weaponized ‘truth’ and rendered it oddly irrelevant. It has brought us almost to a new 1860, an election in which Americans voted for fundamentally different visions of a proslavery or an antislavery future.”

You can see all of this in Trump’s words and actions, and it’s parroted in turn by his minions, and his supporters, and by his lawyers.

Trump has proved himself to be a serial liar, racist, misogynist, and seditious traitor to the Constitution and the republic. The Republican Party is his enabler.

Jennifer Rubin is a regular columnist for the Washington Post. She was originally hired to give the view from the right, having arrived with excellent conservative credentials and a law degree. But Trump changed her political outlook, and she is a clear-eyed critic of Trump and an admirer of Biden.

She wrote recently that the biggest mistake of the media in covering Trump was treating him like a normal President or a normal candidate, rather than recognizing that he is a cult leader.

After missing the significance of the MAGA movement in 2016, innumerable mainstream outlets spent thousands of hours, gallons of ink and billions of pixels trying to understand “the Trump voter.” How had democracy failed them? What did the rest of us miss about these Americans? The journey to Rust Belt diners became a cliché amid the newfound fascination with aggrieved White working-class Americans. But the theory that such voters were economic casualties of globalization turned out to be false. Surveys and analyses generally found that racial resentment and cultural panic, not economic distress, fueled their affinity for a would-be strongman.


Unfortunately, patronizing excuses (e.g., “they feel disrespected”) for their cultlike attachment to a figure increasingly divorced from reality largely took the place of exacting reporting on the right-wing cult that swallowed a large part of the Republican Party. In an effort to maintain false equivalence and normalize Trump, many media outlets seemed to ignore that the much of the GOP left the universe of democratic (small-d) politics and was no longer a traditional democratic (again, small-d) party with an agenda, a governing philosophy, a set of beliefs. The result: Trump was normalized and a false equivalence between the parties was created.

Instead of reporting Trump’s wild assertions as legitimate arguments, media outlets should explain how Trump rallies are designed to instill anger and cultivate his hold on people who believe whatever hooey he spouts. How different are these events from what we see in grainy images of European fascist rallies in the 1930s? (When Trump apologists insist that tens of millions of people cannot be part of a cult, it’s critical to remember mass fascist movements that swept entire populations.) The appeals to emotion, the specter of a malicious enemy, the fear of societal decline, the fascination with violence and the elation just to be in the presence of the leader are telltale signs of frenetic fascist gatherings. Trump’s language (“poisoning the blood”) even mimics Hitler’s calls for racial purity.


Even as Trump shows his authoritarian colors and his rants become angrier, more unhinged and more incoherent, his followers still meekly accept inane assertions (e.g., convicted Jan. 6, 2021, rioters are “hostages,” magnets dissolve in water, wind turbines drive whales insane). More of the media should be covering this phenomenon as it would any right-wing authoritarian movement in a foreign country.


Though polls continue to show Trump’s iron grip on his followers, mainstream outlets spend far too little attention on why and how MAGA member cling to demonstrably false beliefs, excuse what should be inexcusable conduct and treat him as infallible. Outlets should routinely consult psychologists and historians to ask the vital questions: How do people abandon rationality? What drives their fury and anxiety? How does an authoritarian figure maintain his hold on followers? How do ideas of racial purity play into it? Media outlets fail news consumers when they do not explain the authoritarian playbook that Trump employs. Americans need media outlets to spell out what is happening.


“Authoritarian, not democratic dynamics, hold the key to Trump’s behavior as a candidate now and in the future,” historian Ruth Ben-Ghiat wrote. “The main goals of his campaign events are not to advance policy proposals but rather to prop up his personality cult, circulate his lies, and emotionally retrain Americans to see violence as positive and even patriotic…”

A message from a mentally sound, serious leader (President Biden) cannot be equated with the message of an authoritarian who seeks absolute power through a web of disinformation and, if need be, violence. (When the media doesn’t grasp this, we get laughable headlines such as: “Clashing Over Jan. 6, Trump and Biden Show Reality Is at Stake in 2024.”)


Instead of probing why MAGA followers, despite all evidence to the contrary, deny that Trump was an insurrectionist and a proven liar, pollsters insist on asking Trump followers which candidate they think might better handle, for example, health care. The answer for Republicans (Trump! Trump!) has nothing to do with the question (Trump never had a health-care plan, you recall), and the question has nothing to do with the campaign.


The race between an ordinary democratic candidate and an unhinged fascist is not a normal American election. At stake is whether a democracy can protect itself from a malicious candidate with narcissistic tendencies or a rational electorate can beat back a dangerous, lawless cult of personality. Unfortunately, too many media outlets have not caught on or, worse, simply feign ignorance to avoid coming down on the side of democracy, rationality and truth.