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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.

Heather Cox Richardson wrote this beautiful tribute to Dr. King. I knew I had to share it with you. Please subscribe. I read that she has a million paying subscribers. She deserves her good fortune.

You hear sometimes, now that we know the sordid details of the lives of some of our leading figures, that America has no heroes left.

When I was writing a book about the Wounded Knee Massacre, where heroism was pretty thin on the ground, I gave that a lot of thought. And I came to believe that heroism is neither being perfect, nor doing something spectacular. In fact, it’s just the opposite: it’s regular, flawed human beings choosing to put others before themselves, even at great cost, even if no one will ever know, even as they realize the walls might be closing in around them.

It means sitting down the night before D-Day and writing a letter praising the troops and taking all the blame for the next day’s failure upon yourself, in case things went wrong, as General Dwight D. Eisenhower did.

It means writing in your diary that you “still believe that people are really good at heart,” even while you are hiding in an attic from the men who are soon going to kill you, as Anne Frank did.

It means signing your name to the bottom of the Declaration of Independence in bold print, even though you know you are signing your own death warrant should the British capture you, as John Hancock did.

It means defending your people’s right to practice a religion you don’t share, even though you know you are becoming a dangerously visible target, as Sitting Bull did.

Sometimes it just means sitting down, even when you are told to stand up, as Rosa Parks did.

None of those people woke up one morning and said to themselves that they were about to do something heroic. It’s just that, when they had to, they did what was right.

On April 3, 1968, the night before the Reverend Doctor Martin Luther King Jr. was assassinated by a white supremacist, he gave a speech in support of sanitation workers in Memphis, Tennessee. Since 1966, King had tried to broaden the Civil Rights Movement for racial equality into a larger movement for economic justice. He joined the sanitation workers in Memphis, who were on strike after years of bad pay and such dangerous conditions that two men had been crushed to death in garbage compactors.

After his friend Ralph Abernathy introduced him to the crowd, King had something to say about heroes: “As I listened to Ralph Abernathy and his eloquent and generous introduction and then thought about myself, I wondered who he was talking about.”

Dr. King told the audience that, if God had let him choose any era in which to live, he would have chosen the one in which he had landed. “Now, that’s a strange statement to make,” King went on, “because the world is all messed up. The nation is sick. Trouble is in the land; confusion all around…. But I know, somehow, that only when it is dark enough, can you see the stars.” Dr. King said that he felt blessed to live in an era when people had finally woken up and were working together for freedom and economic justice.

He knew he was in danger as he worked for a racially and economically just America. “I don’t know what will happen now. We’ve got some difficult days ahead. But it doesn’t matter…because I’ve been to the mountaintop…. Like anybody, I would like to live a long life…. But I’m not concerned about that now. I just want to do God’s will. And He’s allowed me to go up to the mountain. And I’ve looked over. And I’ve seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land!”

People are wrong to say that we have no heroes left.

Just as they have always been, they are all around us, choosing to do the right thing, no matter what.

Wishing you all a day of peace for Martin Luther King Jr. Day 2024.

[Image of the Martin Luther King Jr. Memorial in Washington, D.C., by Buddy Poland.]

Karen L. Cox wrote “Five Myths About the Lost Cause” in The Washington Post. For those who have not studied American history or don’t remember what they should have learned, this summary should be useful. Cox is a professor of history at the University of North Carolina at Charlotte.

Cox wrote in 2021:

Some of the most enduring misconceptions around the Confederacy are part of a mythology, known as the Lost Cause, that developed after the Civil War. These ideas are generally understood as the means by which former Confederates came to terms with such a thoroughly crushing defeat. Over time, the narrative has expanded and been used to combat movements for racial justice, most recently Black Lives Matter and the calls for removal of Confederate monuments.

Here are some of the myths at the heart of the Lost Cause ethos.

Myth No. 1

The Civil War was not fought over slavery.

One of the most enduring ideas holds that the Civil War was fought over states’ rights. Confederate veterans were among the first to make this claim about “the rights of the States against the encroachments of the Federal power,” as one war vet wrote, and to this day, the Sons of Confederate Veterans (SCV) maintain this position.

Yet these original veterans and the SCV both engaged in a bit of historical amnesia, since documents about what led Southern states to secede are clear that the Civil War erupted over the issue of slavery. From Alexander Stephens’s 1861 “Cornerstone Speech” to state ordinances of secession, slavery was at the heart of their argument to leave the Union. Stephens, the vice president of the Confederacy, said that not only did slavery form the “cornerstone” of the foundation on which the new Confederate government was laid, but also that it was the “immediate cause of the late rupture and present revolution.” Mississippi’s declaration of secession, like those of other states, did not mince words: “Our position is thoroughly identified with the institution of slavery.”

Myth No. 2

The South lost simply because the North had more resources.

In his speech at the unveiling of the Confederate monument in Augusta, Ga., in 1878, Charles Colcock Jones Jr. averred, “We were overborne by superior numbers and weightier munitions.” And in her “Catechism for Southern Children,” written in the early 20th century, Mrs. J.P. Allison of Concord, N.C., posed the question “If our cause was right why did we not succeed in gaining our independence?,” to which children were to respond, “The North overpowered us at last, with larger numbers.”

But the South’s military defeat was also driven by social and class divisions, as well as poor morale. As the war dragged on and losses stacked up, there were desertions and the emancipation of enslaved people — the primary source of labor supplying Confederate armies. Devotees of the Lost Cause tend to disregard these other factors.

Myth No. 3

Robert E. Lee abhorred slavery.

Some Americans point to the Confederacy’s most heralded military leader, Gen. Robert E. Lee, as an opponent of slavery. Conservative journalist Stephen Moore, once a Trump nominee to serve on the Federal Reserve Board, claimed that “Robert E. Lee hated slavery.” As recently as December, in response to the removal of Lee’s likeness from Statuary Hall in the U.S. Capitol, Twitter users perpetuated the myth, including one who tweeted: “Lee abhorred slavery. . . . he also taught the slaves he inherited to read, which was illegal.”

In reality, Lee benefited from the institution of slavery through his marriage into one of the wealthiest slaveholding families in Virginia. He was also known to be a cruel master who not only beat people he owned but, like other enslavers, treated them as property — selling them and separating families. Even in the last year of the war, 1865, Lee wrote that “the relation of master and slave . . . is the best that can exist between the white & black races.” Such words and actions offer a vivid contrast to another myth, which asserts that Lee was a noble and kindly gentleman.

Myth No. 4

Confederate monuments only recently became controversial.

In the aftermath of the deadly violence in Charlottesville in 2017, when white nationalists descended on the city under the pretense of protesting the removal of a Lee statue, journalists spilled a lot of ink on what these monuments represented. They wondered why Americans “suddenly” cared about them or asked, as one did, “Why are they being targeted now?,” suggesting that this event, and the Charleston church massacre of 2015, marked the beginning of the controversy across the South.


The truth is that they have long been controversial and despised by Black Southerners, for whom these statues symbolized their second-class citizenship. In 1932, for example, when the leading African American newspaper, the Chicago Defender, asked its readers about their support for a federal law that would abolish Confederate monuments, the collective response was a resounding “yes.” As a reader from Nebraska wrote, “If those monuments weren’t standing, the white South wouldn’t be so encouraged to practice hate and discrimination against our people.” During the Jim Crow era, it was difficult for African Americans to publicly protest the monuments as they have in the past few years, out of fear for their lives, but they have long protested statues located in their communities, especially after the passage of the Voting Rights Act of 1965.

Myth No. 5

Removing a Confederate monument is erasing history.

After the 2017 Unite the Right rally in Charlottesville, President Trump said removing the Confederate monument to Lee, or any such statue, was “changing history.” And as Texans began to reexamine their state’s memorial landscape, Sen. Ted Cruz (R) weighed in to suggest that it was a bad idea to “go through and simply try to erase from history prior chapters, even if they were wrong.”

Removing a Confederate monument, of course, does not erase history. These statues, which have represented only one point of view (a revisionist narrative of the Confederacy) throughout their existence, have never taught the first history lesson, although they have been used to reemphasize the racial status quo. The vast majority are, simply put, artifacts of the Jim Crow era, when most of them were built. Their history, like that of the “Whites only” signs of segregation, has not been lost. We will always know the history of Confederate monuments through photographs, postcards, dedication speeches and, most important, books written by historians.


Five myths is a weekly feature challenging everything you think you know. You can check out previous myths, read more from Outlook or follow our updates on Facebook and Twitter.

Joshua Zeitz is a historian and contributor to Politico. He writes here about Nikki Haley’s failure to admit that slavery was a leading cause, maybe THE leading cause, of the Civil War.

Someone asked her the question at a New Hampshire town meeting. What caused the Civil War? She released a word salad about rights and freedoms but failed to memention the peculiar institution of slavery. The next day, she realized that her omission was a major gaffe, and she insisted that everyone knows that slavery was an important cause of the devastating war, implying that it was not worth mentioning what everyone knew.

Jacob Zeitz wrote an analysis of her omission. He believed she was echoing the “Lost Cause” nostalgia so beloved to sons and daughters of the Confederacy.

As a high school student in the 1950s in Houston, I recall that our American history textbook spouted “Lost Cause” propaganda. Slaves in the South were treated kindly, it said. Plantation owners never wanted to damage their expensive human property. The Civil War was about “states’ rights,” not slavery. Many years later, when visiting an ante-bellum mansion in Charleston, South Carolina, the docent said the slaves were content; she referred to the Civil Was as “the War of Northern Aggression.”

Nikki Haley echoed Lost Cause sentiment.

Zeitz wrote at Politico:

In William Faulkner’s novel, Sartoris, someone asks the title character, Colonel John Sartoris, why he had fought for the Confederacy so many decades before. “Damned if I ever did know,” replied the aging veteran, now a pillar of his community in fictional Yoknapatawpha County, Mississippi.

Of course, we know why Colonel Sartoris raised arms against the United States. So does anyone with a high school diploma — assuming they used up-to-date textbooks. And so did Alexander Stephens, the vice president of the Confederacy, who in 1861 famously asserted that the “cornerstone” of the new Southern nation rested “upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.”

All of which makes it disappointing, though not surprising, that at this late date — almost 160 years after the Civil War — Nikki Haley, a leading contender for the GOP presidential nomination, shares Colonel Sartoris’ selective amnesia on the topic. When asked a softball question this week about the causes of the Civil War, Haley, a former South Carolina governor, flubbed the answer, calling it a “difficult” question and mumbling on about “basically how government was going to run — the freedoms and what people could and couldn’t do.”

This morning, Haley qualified the comment on a radio show called “The Pulse of New Hampshire,” and followed the clean-up job with a press release, stating: “Of course the Civil War was about slavery. We know that. That’s unquestioned, always the case. We know the Civil War was about slavery. But it was also more than that. It was about the freedoms of every individual. It was about the role of government.”

But as Haley must know — after all, as governor of South Carolina, she presided over the removal of Confederate flags from the Statehouse — many Americans do question the fundamental fact that slavery precipitated the Civil War, and her equivocation played into a long-standing agenda to rewrite American history. Haley was effectively parroting the Lost Cause mythology, a revisionist school of thought born in the war’s immediate aftermath, which whitewashed the Confederacy’s cornerstone interest in raising arms to preserve slavery. Instead, a generation of Lost Cause mythologists chalked the war up to a battle over political abstractions like states’ rights.

With red states doing battle with American history, seeking to erase the legacy of violence and inequality that counterbalance the great good also inherent in our national story, it’s worth revisiting the rise of the Lost Cause, not just to remember how damaging it was, but to confront just how damaging it still is.


In the immediate aftermath of the war,the work of interpreting the rebellion fell to a small group of unreconstructed rebels. The pioneers of Confederate revisionism included wealthy and influential veterans of the Confederacy like Jubal Early, B. T. Johnson, Fitz Lee and W. P. Johnson, who helped formulate the Lost Cause myth that would take hold by the 1880s.

The narrative strains were simple. They painted a picture of Southern chivalry — mint juleps, magnolias and moonlight — that stood in sharp contrast with the North, a region marked by avarice, grinding capitalism and poverty. The rebellion, by this rendering, had been a legal response to the North’s assault on states’ rights — not a violent insurrection to preserve chattel slavery. Even Confederate veterans like Hunter McGuire knew that to admit the war had been about slavery would “hold us degraded rather than worthy of honor … our children, instead of revering their fathers will be secretly, if not openly, ashamed.”

The myth gained steam by the end of the century, largely because of the work of organizations like the United Confederate Veterans (UCV), the United Daughters of the Confederacy (UDC) and the Sons of Confederate Veterans (SCV), groups that offered a compelling story that people could wrap their minds around — including many Northerners, who were eager to put the war behind them. Because the Lost Cause emphasized heroism and honor over slavery, it venerated military figures like Robert E. Lee and swept politicians like Jefferson Davis under the rug. So it was that in May 1890 over 100,000 citizens gathered in Richmond for the dedication of a statue of Lee.

The decade saw hundreds of towns across the former Confederacy raise similar monuments to their heroes and war dead. These marble and steel memorials were often planted in town squares and by county courthouses to help sanitize not only Confederate memory but the new Jim Crow order. After all, if secession had been a noble thing, so was the separation of the races.

The signs of revisionism ranged from subtle to clear. During the war, for instance, Confederate soldiers had keenly embraced the term “reb,” but the new gatekeepers of Southern memory abandoned the term. “Was your father a Rebel and a Traitor?” asked a typical leaflet. “Did he fight in the service of the Confederacy for the purpose of defeating the Union, or was he a Patriot, fighting for the liberties granted him under the Constitution, in defense of his native land, and for a cause he knew to be right?” Equally important was figuring out what to even call the war. It couldn’t be the “Civil War,” which sounded too revolutionary. It couldn’t be “the War of Rebellion” which smacked of treason. In the late 1880s, the UCV and UDC approved resolutions designating the conflict that killed 750,000 Americans the “War Between the States.” The term stuck for generations to come.

It wasn’t just Southerners who suffered willful memory loss in these years. Jaded by the experience of Reconstruction and in the thrall of rising scientific racism, many Northerners were equally eager to remember the war as a brothers’ quarrel over politics rather than a struggle over slavery and Black rights. The jurist Oliver Wendell Holmes Jr., who began the war as a committed abolitionist, later erased the roots of the conflict and celebrated the battlefield valor of both Union and Confederate troops. “The faith is true and adorable which leads a soldier to throw away his life in obedience to a blindly accepted duty,” he said, “in a cause which he little understands, in a plan of campaign of which he has little notion, under tactics of which he does not see the use.”

Of course, historians agree that most Union troops did know why they were fighting. So did Holmes. But years after the fact, he was willing to forget. As were tens of thousands of veterans who attended Blue and Gray reunions well into the 20th century, including a massive camp gathering of 25,000 people who gathered at Crawfish Springs, Georgia, in 1889, near the Chickamauga Battlefield, for a picnic and public speeches. These mass spectacles helped Yankees and Confederates rewrite the history of the 1850s and 1860s, ostensibly in the service of national reunion and regeneration, but also in a way that fundamentally reinforced the emerging culture and politics of Jim Crow.


The Lost Cause mythology was more than bad history. It provided the intellectual justification for Jim Crow — not just in the former Confederacy, but everywhere systemic racism denied Black citizens equal citizenship and economic rights. Its dismantling began only in the 1960s when historians inspired by the modern Civil Rights Movement revisited the era of the Civil War and Reconstruction, adopting the views of earlier Black scholars like W.E.B. DuBois and John Hope Franklin, who always knew what the war was about and had shined a spotlight on the agency of Black and white actors alike.

That’s why the recent retreat to Lost Cause mythos is troubling. One would think that a Republican candidate for the presidency might be proud of the party’s roots as a firmly antislavery organization that dismantled the “Peculiar Institution” and fomented a critical constitutional revolution during Reconstruction — one that truly made the country more free.

With GOP presidential candidates waffling on the Civil War, rejecting history curricula in their states and launching political fusillades against “woke” culture, it remains for the rest of us to reaffirm the wisdom of Frederick Douglass, who in the last years of his life stated: “Death has no power to change moral qualities. What was bad before the war, and during the war, has not been made good since the war. … Whatever else I may forget, I shall never forget the difference between those who fought for liberty and those who fought for slavery.”

Alexander H. Stephens, Vice-president of the Confederacy, described the true purpose of the South’s secession: to preserve slavery. Read his famous Cornerstone speech here.

Here is the key section of his speech:

The new constitution has put at rest, forever, all the agitating questions relating to our peculiar institution African slavery as it exists amongst us the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution. Jefferson in his forecast, had anticipated this, as the “rock upon which the old Union would split.” He was right. What was conjecture with him, is now a realized fact. But whether he fully comprehended the great truth upon which that rock stood and stands, may be doubted. The prevailing ideas entertained by him and most of the leading statesmen at the time of the formation of the old constitution, were that the enslavement of the African was in violation of the laws of nature; that it was wrong in principle, socially, morally, and politically. It was an evil they knew not well how to deal with, but the general opinion of the men of that day was that, somehow or other in the order of Providence, the institution would be evanescent and pass away. This idea, though not incorporated in the constitution, was the prevailing idea at that time. The constitution, it is true, secured every essential guarantee to the institution while it should last, and hence no argument can be justly urged against the constitutional guarantees thus secured, because of the common sentiment of the day. Those ideas, however, were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the government built upon it fell when the “storm came and the wind blew.”

Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science. It has been so even amongst us. Many who hear me, perhaps, can recollect well, that this truth was not generally admitted, even within their day. The errors of the past generation still clung to many as late as twenty years ago. Those at the North, who still cling to these errors, with a zeal above knowledge, we justly denominate fanatics. All fanaticism springs from an aberration of the mind from a defect in reasoning. It is a species of insanity. One of the most striking characteristics of insanity, in many instances, is forming correct conclusions from fancied or erroneous premises; so with the anti-slavery fanatics. Their conclusions are right if their premises were. They assume that the negro is equal, and hence conclude that he is entitled to equal privileges and rights with the white man. If their premises were correct, their conclusions would be logical and just but their premise being wrong, their whole argument fails.