Archives for category: Justice

Reports at the hearings in a federal appeals court suggest that the three judges seemed skeptical of Trump’s claim that he is immune from prosecution for any action taken while he was president, unlesss he was impeached and convicted for that offense.

The New York Times reported:

Three federal appeals court judges expressed deep skepticism on Tuesday about former President Donald J. Trump’s central defense to an indictment accusing him of plotting to overturn the 2020 election: that he is immune to the charges because they arose from actions he took as president.

All of the judges on the three-member panel of the U.S. Court of Appeals for the District of Columbia Circuit — composed of two Democratic appointees and one Republican appointee — peppered a lawyer for Mr. Trump with tough questions about arguments he raised to support the immunity claims.

While the three judges also pressed James I. Pearce — a lawyer representing the special counsel, Jack Smith — their queries to him were not quite as aggressive. The panel adjourned the hearing after about an hour and 15 minutes and reserved judgment for another day.

The case is expected to eventually reach the Supreme Court. Its pace and outcome will be central in deciding when — or even whether — Mr. Trump will go to trial in the election interference case, which is unfolding in Federal District Court in Washington. It could also go a long way in determining the timing of the three other criminal trials that Mr. Trump is facing in the months ahead.

In one tough moment for Mr. Trump, who was present for the hearing but did not speak, Judge Karen L. Henderson, the sole Republican appointee on the panel, pushed back on an argument made by his lawyer, D. John Sauer, that for more than 200 years, American courts had never sat in judgment over official actions that a president had taken while in office.

Judge Henderson pointed out that until Mr. Trump was indicted, courts had never had to consider the criminal liability of former presidents for things they did in the White House.

Judge Henderson also seemed less than persuaded by Mr. Sauer’s argument that Mr. Trump was acting in his role as president and upholding his constitutional duty to preserve the integrity of the election when he sought to overturn his loss to President Biden.

“I think it’s paradoxical to say that his constitutional duty to ‘take care that the laws be faithfully executed’ allows him to violate criminal law,” Judge Henderson said.

At one point, Judge Florence I. Pan presented Mr. Sauer with an hypothetical situation, asking if a president could be criminally charged for ordering SEAL Team 6 — an elite commando unit — to assassinate a political rival. Mr. Sauer said that a prosecution would be possible in that situation only if the president had first been found guilty in an impeachment proceeding.

When Mr. Pearce addressed the court on behalf of the special counsel’s office, he seized on Judge Pan’s example. Mr. Pearce said it was a terrifying prospect that a president could use the military to murder a rival and then escape criminal liability by simply resigning before he could be impeached.

Mr. Pearce fended off a question by the judges asking if a ruling denying Mr. Trump immunity would trigger a flood of partisan charges against future presidents by arguing that Mr. Trump was a unique case as the only president in U.S. history to have ever been charged with a crime.

Because no former president has ever been prosecuted before, there are few definitive precedents to guide the appellate judges in deciding the question of immunity. While the Justice Department has long maintained a policy that sitting presidents cannot be indicted, Mr. Trump’s bid to claim total immunity from prosecution is a remarkable attempt to claim the protections of the presidency even though he is no longer in office.

I wrote a few days ago that Trump should not be removed from the ballot even though he unequivocally plotted to overturn the election he lost and provoked an insurrection against the orderly transfer of power. I was wrong. For me, it was a close call: I wanted him to lose convincingly at the hands of the voters; I predicted he would lose by 10 million votes in 2024.

But it should not have been a close call. Trump should not be allowed to run again. He violated his oath of office. I was persuaded I was wrong by the many comments by readers on this blog, by reading the new insider books by Liz Cheney and Cassidy Hutchinson, and by continuing to read other opinions, like that of Jamelle Bouie, whose columns will follow this one today.

Trump was exactly the kind of office-holder described in Section 3 of the Fourteenth Amendment:

No 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.

In the lower federal court in Colorado, Judge Sarah B. Wallace ruled that Trump engaged in insurrection on January 6, 2021, but concluded that the President of the U.S. was not an “officer” as defined in the amendment. This was a bizarre conclusion, and the Supreme Court of Colorado ruled by a vote of 4-3 that Trump should not be allowed to run for President because he did take an oath to support the Constitution, he served as the highest officer of the nation, and he did engage in an insurrection against the Constitution to which he swore an oath. It’s no more complicated than that.

The Supreme Court will review that decision.

Trump continues to tell the Big Lie. Despite the fact that he lost 60 court decisions, including decisions by judges he appointed, including two decisions by the U.S. Supreme Court; despite the fact that his own Attorney General and his White House Counsel told him he lost, he continues to lie.

Trump continues to praise the insurrectionists. He has promised to pardon all of them who were convicted and sent to prison. He calls them “patriots” even though they defiled the U.S. Capitol, the seat of our government, and threatened the lives of Trump’s Vice President Mike Pence and the Speaker of the House Nancy Pelosi and violently attacked police officers.

The members of Congress escaped the chamber where they were counting the electoral vote only minutes before Trump’s devoted followers broke through the doors. Had they broken through only five minutes sooner, there might have been a bloodbath, a massacre of our elected representatives. Some “patriots”!

Judges should not reach a decision based on fear of Trump’s mob.

Either the Constitution means what it says or it means whatever a politically appointed group of justices decide it says in contravention of the words themselves.

Either “no man is above the law” or only one man—named Donald Trump—is above the law.

Trump betrayed Section 3 of the Fourteenth Amendment. He betrayed his oath of office. He incited, provoked, and engaged in an insurrection against the Constitution and the government that he swore to support.

Donald Trump should be removed from the ballot.

I discovered this post by a young Jewish woman about her reaction to the conflict in the Middle East. This was the post that helped me formulate my own views because I resonated with hers.

Rose Win is a blogger and digital nomad. She recently settled in Boulder, Colorado after two years of writing and traveling solo around the country. She grew up in Seattle and lived in Israel as a child and young adult. She shares here her reflections on the state of the war in Gaza.

She writes:

I wrote in my last post that I have been plagued by writer’s block. That is true, to an extent. There have been a lot of stories in the past couple of months I’ve wanted to write about. My parents came for Thanksgiving. Karina visited. I went back to San Marcos to see Kasey and Evie. I joined a rock climbing gym. I got deathly ill. One subject, however, has stood in my way like a giant, impenetrable barrier. War.

I can’t get past it. Everything else seems ridiculous, and trivial, and out of touch in comparison.

Specifically, I’m talking about the war in Gaza. I don’t know how many drafts I’ve written trying to cohere my thoughts, distill my feelings. My head swims and my heart aches, but I can’t find ethical, or intellectual, or emotional clarity. I keep getting stuck in a labyrinth of contradiction, locked between layers of devastation. So this post is a mishmash, a dumping, a meandering reflection of the competing and overlapping circles in my head.

The foundational layer of devastation, as I wrote before, is the sadistic slaughter of Jewish lives. The maiming, the raping, the abducting, the wholesale massacring. From there emerge the layers wrought by the world’s response. The mindboggling, Orwellian universe where murder becomes a “justified act of resistance,” where killers are “victims of oppression,” and rapists are “freedom fighters.” Or maybe they’re not rapists at all, because for some reason, violence against Jewish women isn’t believable. For some reason, Jewish women need to make their own pathetic hashtag to be heard: #MeTooUnlessYoureAJew.

There’s a new layer of consciousness: the sickening realization that the antisemitism of the 20th century never went away. It just lay dormant, hidden under the surface – waiting for the right opportunity to shapeshift and rear its ugly head. “The Jews are parasites living on other people’s lands. They deserve to die,” said the antisemites of the 20th century. “The Jews are occupiers of other people’s lands. They deserve to die,” say the antisemites of the 21st century.

There’s the hubris of the left which, using the lens of intersectionality, casts the war in racialized terms, white people oppressing brown people. Never mind that more than half of Israel’s Jews are “brown,” hailing from Arab counties that expelled, or, “ethnically cleansed” their Jewish populations in the late 1940s and 1950s following Israel’s creation.

Today’s liberal college campuses preach “language is violence.” Students police speech to minimize “harm.” Except speech against Jews. Because for some reason saying “genocide to Jews” is not violent, or hateful, or harmful. For some reason, chanting genocide to Jews is okay “depending on the context.”

I watch people condemn Israel for committing genocide against Palestinians. I’d like to know why Hamas’ charter, which, in no uncertain terms calls for the annihilation of the Jews and the establishment of an Islamist state in Israel, is not also condemned as genocidal? Why are the Palestinians seen as the rightful, indigenous inhabitants of the land when the Jews, whose presence predates the Palestinians, are not? Why is it that, in the aftermath of the Holocaust, the Jews were the world’s refugees, but following the creation of the state of Israel, they are the world’s most reviled colonizers? Why is a Jewish state with a Palestinian minority deemed racist, but a Palestinian state with a Jewish minority deemed righteous?

The questions seem simple. The answers are anything but. I want to defend Israel. I want to rage at the hypocrisy and blatant double standards. But I’m stopped. I can’t. Because look at Gaza. Neighborhoods razed to the ground. Wholesale cities decimated. Thousands and upon thousands of women and children dead. Eighty percent of the population displaced – facing polluted water, starvation, overcrowding, flooding, freezing, and rampant disease.

Israel told over a million people in northern Gaza to flee to the south. Then they bombed the south. “Gaza becomes a graveyard for children” reads one headline. “Nowhere is safe” says the next. Here’s another: “We have the right to live.”

I want to demand “ceasefire now!” because this level of humanitarian catastrophe is so breathtakingly horrific it’s hard to even fathom. Because this level of collective punishment cannot be justified. Because this destruction, this sheer loss of civilian life, cannot go on.

I want to demand “ceasefire now” because I despise Benjamin Netanyahu and the thugs and zealots that rule his repulsive right-wing government. Netanyahu is cut from the same cloth as Putin. He knows Israel holds him responsible for the attacks on Oct 7. The end of the war spells his demise. So, the war will wage on. Because narcissistic demagogues never willingly cede power.

I want to demand “ceasefire now.” But I haven’t.

Does a ceasefire mean Hamas will remilitarize – rearm and resume its genocidal charter to wipe out the Jews? Does a ceasefire leave Hamas’ sprawling tunnel system – built underneath hospitals, grocery stores, schools, universities, private homes, and graveyards – intact so they can infiltrate Israel and terrorize its citizens again? Does a ceasefire condemn the remaining 115 Israeli hostages to death? Does a ceasefire send a message to other Arab countries, waiting in the wings, that Israel is weak, and the Jewish state can be destroyed?

Are any of these questions justifiable? I don’t know. I don’t know.


When the world accuses Israel of being an apartheid state, I want to push back. Apartheid refers to the brutal system of institutionalized racial segregation in South Africa. Israel, albeit flawed, is a multi-ethnic, multi-racial, muti-cultural democratic state, where a fifth of the population isn’t Jewish yet has the same civil and legal rights as every other citizen.

But. That only rings true for those living within Israel’s green line – the 1949 armistice border. Following the war of 1967, Israel gained the Golan Heights from Syria, Gaza from Egypt, and the West Bank from Jordan. With the exception of Gaza, where Israel pulled out in 2005, those territories have been occupied ever since (though Israel, along with Egypt, maintained control over Gaza’s borders).

Israel’s occupation of the West Bank is illegal under international law. It never annexed the West Bank, because giving Palestinians Israeli citizenship would mean the end of Israel as a Jewish state. So one Israeli government after the next left Palestinians in stateless limbo, while sanctioning illegal Jewish settlement construction that zig-zagged through contiguous territory and punctured holes through the dream of Palestinian statehood. All the while Israel offered Jewish settlers – often messianic, often self-righteous, often violent – full rights of Israeli citizenship and subjected Palestinians to military rule.

So, yes, Israel can claim it’s the only pluralistic democracy in the Middle East. But also, no, it cannot.


In his book documenting bereaved families of the Palestinian-Israeli conflict, author Colum McCann talked about his decision to title his book Apeirogon:

“Apeirogon is a weird word, I know. An apeirogon can’t really be drawn, it can only be suggested… But I loved it from the moment I heard about it. The idea that it had an infinite number of sides was attractive to me because I knew it wasn’t a two-sided situation, that it wasn’t balanced.”

This is how I feel when I write and think about Israel. Sides upon sides upon sides upon sides. Overlapping truths. Overlapping contradictions. Questions without answers. Problems without solutions.

There’s a reason why I’ve written draft after draft after draft. Everywhere I turn I’m stuck. I want to take a stand, but every stand I take conflicts with another. That’s why I haven’t written. That’s why I must write.

Rudy Guiliani admitted that he defamed two Georgia election workers by accusing them of fraudulently switching ballots. The two are mother and daughter Ruby Freeman and Shaye Moss. As a result of his repeated accusations on national television, which were repeated by Trump, calling them out by name, the pair were subjected to continual threats, harassment, and intimidation. They are suing Guiliani for a sum between $15.5 million and $43.5 million. Jury selection begins today.

The showdown between the financially strapped Giuliani and the two temporary poll workers he baselessly accused of ballot tampering in 2020 will highlight a major court battle over false claims that became central to former president Donald Trump’s efforts to stay in power and is now at the heart of two criminal cases against him.


U.S. District Judge Beryl A. Howell has already found Giuliani liable for more than a dozen defamatory statements against Ruby Freeman and Wandrea ArShaye “Shaye” Moss, who are mother and daughter, leaving a jury of eight only to decide how much he should pay in damages for violent threats and harassment the pair received. Howell previously ordered Giuliani to pay the women $230,000 in legal fees and sanctions for failing to turn over relevant information. She said those failures, combined with Giuliani’s own admissions, compelled her to rule without a trial that he defamed both women, intentionally inflicted emotional distress on them as part of a civil conspiracy, and owes punitive damages.

If you want to hear the details of what happened to them, watch this clip from the Rachel Maddow show. In addition to hearing their story, you will also hear testimony from the #2 official at the Justice Department, Richard Donahue, who testified to the January 6 Commission that he met with Trump and told him that the Justice Department had investigated all his claims of election fraud and found no evidence for them.

At the recent conference of the Network for Public Education, one of the truly outstanding speakers was Dr. Marvin Dunn, professor emeritus at Florida International University. Dr. Dunn has written several books about Black history in Florida, most notably A History of Florida Through Black Eyes. I read that book and realized that Dr. Dunn was the right recipient for NPE’s annual “David Award,” which goes to someone who spoke out and acted on behalf of justice against the powerful, regardless of the personal risks.

Dr. Dunn is not only an author but an active preservationist of Black history. To make sure that the massacre at Rosewood, Florida, would never be forgotten, he bought five acres there and regularly brings students and teachers to learn about it. He tells the story of visiting his land with his son; a “neighbor” tried to run them over in his truck. Dr. Dunn filed a complaint with the police, and the man was convicted and sentenced to 10 years in prison. Dr. Dunn asked to have the sentence reduced, and it was dropped to only one year. The audience was impressed by his generosity of spirit. However, Dr. Dunn tweeted several weeks later that the now-released felon hung a toy skeleton where Dr. Dunn could see it. You don’t need to study Critical Race Theory to know that Racism lives.

I think you will agree that his remarks are highly inspiring.

Arthur Camins writes in The Daily Kos about the war in the Middle East:

So many people I speak with are feeling torn and conflicted. They that say they are afraid to criticize either Hamas or Israel for fear of being attacked for taking one side or the other. I say: If you stand for the human rights and dignity of all, the sides to choose between in the latest Middle East conflict are not the Hamas or Israeli governments. Instead, choose their people.

No, the sides to choose between are:

• Accepting the death of innocent civilians as collateral damage as the price of victory of “our side.”

Or

• Finding the path to peace that starts with mutual respect for democracy and human rights for all.

Neither Hamas nor Israel represents that latter choice. Their behavior says the opposite. So, I condemn both without implied approval of either.

If a path to peace, democracy, and human rights for Israelis and Palestinians–and safety for Jews and Palestinians around the world–are the goals, then attempting to determine moral equivalencies between the behavior of Hamas and the Israeli government is a dead-end.

I also see no need for those of us in the United States to promote a one- or two-state solution. That is up to the people of Israel and Palestine, hopefully with a rejection of both Hamas and the Netanyahu governments, rejection of the primacy of any religion over another or none at all.

Anything short of Israeli abandonment of its illegal settlements in the West Bank and assurance of full Palestinian rights is a non-starter.

A lot of digital ink has been spilled over the definitional accuracy of the terms, war crimes and genocide. We can have that debate, but it deflects attention from the necessary condemnations. It abets useless “whataboutism” rather than forging a path forward.

I am not a pacifist, but I explicitly reject two rationalizations for the murder of innocents: Palestinians have a right to resistance by any means necessary, and Israel has a right to defend itself.

I’m not against resistance to oppression, but that does not include murder and hostage-taking of innocent civilians. I am not opposed to defense against attack, but that does not include bombing and depriving innocent civilians of food, fuel, water, and healthcare.

In the current circumstances, both Hamas and Israel claim that the intransigence, crimes, and inhumanity of the other side justifies their actions. They do not.

Condemnation of both Hamas’s and Israel’s actions is the starting point for any moral and political commitments to working across differences to achieve the safety, respect, democracy, and rights that Palestinians and Israelis deserve.

Empathy is a precondition to peace and justice. If we can imagine the pain and grief of Israelis who lost friends, neighbors, and loved ones to the latest Hamas or any terrorist attack, we must also imagine the loss and suffering of Gazans from the Israeli bombing and blockade. We must also imagine being displaced when our land and homes are violently stolen by illegal settlers.

Call your U.S. Senators and House Representatives. Tell them that a ceasefire, a halt to further military aid, and humanitarian aid to Gazans are the necessary first steps.

Arthur taught and led science professional learning and curriculum and assessment development projects for 50 yrs. He writes about education and social justice. He loves spending time with friends and family, hiking, and gardening.

Oklahoma has a major charter scandal on its hands, which has not dampened the enthusiasm of the Republican Governor, legislators, and state superintendent for charters and vouchers.

EPIC Charter Schools opened in Oklahoma in 2011. It was the state’s first online school and was hailed for its innovative delivery of education. As early as 2013, authorities suspected financial irregularities. Not until 2019 did the public learned that EPIC was under state investigation for embezzling money and inflating its enrollment. The founders tried to block the investigation by insisting that they were a private business and could not be audited. The company collected tuition from the state and retained 10% of its revenues. The state auditor estimated that EPIC’s founders inappropriately diverted $22 million.

But now the founders face new charges of financial crimes.

Founders of Epic Charter Schools are facing new charges of money laundering and presenting false claims to the state, bringing the total number of charges to 15.

Epic co-founders David Chaney and Ben Harris and Chief Financial Officer Josh Brock, were arrested and charged with a list of felonies in June 2022. Charges included racketeering, embezzlement of state funds, and obtaining money by false pretense.

The amount of diverted money so far totals $30 million. Republicans complain about public schools, but no district superintendent or principal has ever been accused of massive crimes like those of EPIC. Let it be noted that virtual charter schools have been the source of the biggest financial crimes.

In Indiana, state officials sued two defunct virtual charters for defrauding the state of $154 million.

In California, the A3 online charter chain was charged with defrauding the state of $400 million.

Sean McManus of Australia, along with Jason Schrock of Long Beach, led a statewide charter school scheme from 2016 to 2019 in which they used a network of mostly online charter schools to defraud the state of approximately $400 million and used $50 million of that amount for personal use. They did so by falsely enrolling students and manipulating enrollment and attendance reporting across their schools to get more money per student than schools are supposed to, prosecutors said.

In Ohio, the state paid the owner of the Electronic Classroom of Tomorrow (ECOT) about $1 billion, despite its abysmal graduation rates and scores. When the state auditor demanded repayment of $60 million for phantom students, ECOT declared bankruptcy.

In Pennsylvania, the founder of the Pennsylvania CyberCharter School was sentenced to 20 months in prison for pocketing $8 million.

No matter how many frauds are committed by Cybercharters, they do not lose their luster. Why? Usually, they give generous political contributions.

E.J. Dionne is a thoughtful columnist for the Washington Post. He writes here about the extremists on the left who defend the terrorism and butchery by Hamas. I repost his article because his views are similar to my own. I deplore the callousness and undemocratic policies of the Netanyahu regime. I support a two-state solution. I hope for the day that Israel and its neighbors are willing and able to collaborate to improve the standard of living for everyone in the region. And I deplore the horrific terrorism that Hamas inflicted on Israeli civilians of all ages on October 7. Hamas knew that their attack would provoke a ferocious response by Israel, and that the world would react with fury towards Israel. Hamas uses the Gazans as human shields.

I hope that Netanyahu is permanently disgraced by his failure to seek reconciliation and by the security lapses that allowed Hamas to slaughter civilians. I hope that everyone involved in the attack on Israel is captured and punished. I am deeply concerned about the humanitarian crisis in Gaza and pray for the safety of innocent Palestinians and for a swift end to the Army’s incursion. Above all, I pray for peace among the Israelis and their neighbors.

He writes:

A conversation I had last week with a progressive Jewish friend is, I think, representative of many discussions happening on the left. Most liberals are horrified and outraged over Hamas’s killings and kidnappings in southern Israel but also strongly support a Palestinian state and are deeply critical of Prime Minister Benjamin Netanyahu’s government.

My friend anguished over parts of the left — yes, they are very vocal online but a tiny minority of a broader movement — that not only failed to condemn Hamas’s atrocities but in some cases justified terrorist acts against innocents, many of them left-wing Israelis in kibbutzim who long for peace based on justice for Palestinians and Israelis alike. For my friend, this moral failure signaled that antisemitism had embedded itself in the wing of politics with which she has long identified.

To comment on this intra-left controversy risks distorting the political stakes, since there is a rare consensus in mainstream politics that Hamas’s terrorism was “an act of sheer evil,” as President Biden said in his powerful speechon Tuesday. Little pockets of sympathy for Hamas will have no effect on U.S. politics going forward. The important contrast is between the moral and strategic seriousness of Biden’s response and the petty, unhinged and self-involved rantings of Donald Trump. Maybe, just maybe, Americans pondering a vote for the former president will see more clearly that returning him to the White House would be an act of democratic suicide.

But liberals and supporters of the democratic left like to pride ourselves on being sensitive to injustice, decent in our instincts and capable of making distinctions. To rationalize the sadistic crimes of Hamas meets none of these standards. Doing so also undercuts the arguments that the vast majority on left wants to make about the future of Israel and Palestine.

It’s true that years of right-wing governance in Israel, the spread of settlements on the West Bank and the assault on democracy by the Netanyahu government have altered the balance of forces on the left. Older liberals such as Biden (and, yes, I’m in that camp) have an unshakable and ingrained sympathy for the survival of a Jewish homeland in Israel, while also empathizing with the injustices and suffering that Palestinians confront. We continue to support an increasingly distant two-state solution precisely because we want the Jewish homeland to be democratic and we want Palestinians to have a democratic government of their own.

But the destruction of Israel would be a moral catastrophe, and Hamas longs for that outcome.

Unlike the Palestinian Authority in the West Bank and Palestinian citizens of Israel, Hamas is explicitly antisemitic and will accept nothing short of the end of Israel. Netanyahu thought he could keep Hamas in check and ignore Palestinians, who, like so many of the Israelis slaughtered in the south, were willing to take risks for peace. The strategy of containing Hamas and privileging settlements on the West Bank has failed in an abysmal and tragic way.

The sharp turn to the right in Israel that Netanyahu engineered has undercut support for the country among younger Americans in the United States. Most of these increasingly vocal critics have resisted supporting Hamas, but the gut liberal sympathy for Israel has largely disappeared among those born after Biden’s generation and mine. If Hamas’s shameful attack has mostly restored consensus in the Democratic Party around the need to defend Israel against mass terrorism, the underlying opposition to Israel’s settlement policies and its refusal to engage with Palestinian demands for self-determination remains.

The shock of these traumatic events should shake everyone into a reassessment rooted in moral realism. As my Post colleague Max Bootargued last week, the imperative of accountability should lead eventually to Netanyahu’s ouster. Even as supporters of Israel stand up for its right to self-defense, analysts with long experience in the Middle East, including Thomas L. Friedman of the New York Times and The Post’s David Ignatius, warn of the dangers of overreach in Gaza. Having reported alongside them and learned from them during the war in Lebanon in the 1980s, I share their skepticism of grand military plans that promise to settle a conflict for good. We have seen too many such promises fail in the Middle East. And Biden was right in his speech to call attention to moral obligations that apply even in legitimate wars of self-preservation.

The left should not stop advocating on behalf of justice for Palestinians. And Israel’s center and left should not stop demanding that Netanyahu’s plans to undercut the country’s judiciary be shelved permanently. But terrorism will not create a more democratic Israel or lead to self-determination for Palestinians. The Israeli-Palestinian dispute is rife with ambiguities and conflicting moral claims. This cannot be said of what Hamas did. Its actions are, exactly as Biden said, unambiguously evil.

Our Supreme Court used to be an institution that all Americans could rely on to be impeccably honest, nonpartisan, and fair-minded. Tge Court occasionally issued unanimous decisions.

No more.

Several justices have been criticized for accepting money from people or groups with issues before the Court.

None is more profligate in accepting gifts of great value than Justice Clarence Thomas.

ProPublica, a nonpartisan investigative website, has reported on Justice Thomas’s acceptance of many expensive gifts from billionaire Harlan Crow. Vacations, private jets, tuition for his nephew, the purchase of his mother’s home, etc.

Now ProPublica reports that Justice Thomas attended Koch events as a draw to bring in additional donors to Koch’s campaigns to privatize schools, cut taxes on billionaires, and undercut all government programs. Charles Koch and his late brother David had interest in many cases before the Court, but Thomas never revealed his ties to the billionaires nor did he recuse himself.

ProPublica wrote:

On Jan. 25, 2018, dozens of private jets descended on Palm Springs International Airport. Some of the richest people in the country were arriving for the annual winter donor summit of the Koch network, the political organization founded by libertarian billionaires Charles and David Koch. A long weekend of strategizing, relaxation in the California sun and high-dollar fundraising lay ahead.

Just after 6 p.m., a Gulfstream G200 jet touched down on the tarmac. One of the Koch network’s most powerful allies was on board: Supreme Court Justice Clarence Thomas.

During the summit, the justice went to a private dinner for the network’s donors. Thomas has attended Koch donor events at least twice over the years, according to interviews with three former network employees and one major donor. The justice was brought in to speak, staffers said, in the hopes that such access would encourage donors to continue giving.

That puts Thomas in the extraordinary position of having served as a fundraising draw for a network that has brought cases before the Supreme Court, including one of the most closely watched of the upcoming term.

Thomas never reported the 2018 flight to Palm Springs on his annual financial disclosure form, an apparent violation of federal law requiring justices to report most gifts. A Koch network spokesperson said the network did not pay for the private jet. Since Thomas didn’t disclose it, it’s not clear who did pay.

Thomas’ involvement in the events is part of a yearslong, personal relationship with the Koch brothers that has remained almost entirely out of public view. It developed over years of trips to the Bohemian Grove, a secretive all-men’s retreat in Northern California. Thomas has been a regular at the Grove for two decades, where he stayed in a small camp with real estate billionaire Harlan Crow and the Kochs, according to records and people who’ve spent time with him there.

Please open the link and keep reading.

The Koch’s invested well. In a 2021 decision, called Americans for Prosperity v. Rob Bonta, Justice Thomas concurred that it violated the first amendment rights of Koch donors (dark money) to require them to disclose their names. Rob Bonta W’s the Attorney General of California, who was trying to force disclosure of the names of donors to the Koch group called Americans for Prosperity.

Ruth Ben-Ghiat is an expert on fascism and authoritarianism. She teaches European history at New York university. I subscribe to her blog Lucid, where this post appeared. The acquittal of a corrupt State Attorney General is a warning to the nation about what the GOP has become (if further warning were needed).

She writes:

For two reasons, it’s unsurprising that Paxton was acquitted of all charges by his cronies in the Texas Senate. The Texas GOP is one of the most extreme in the nation. Paxton has been a vociferous supporter of Trump’s claim that Trump won the 2020 election. In October 2021 Paxton, a hard-core Trump defender, characterized Joe Biden’s presence in the White House as an “overthrow” –the word implying that Biden pulled off a coup to take power.

A 2022 Texas GOP resolution expands on this attempt to make Biden a lawless figure: it calls him an illegitimate and “acting” president. For those who study authoritarianism, this is a red flag: it not only discredits Biden but implies that he won’t be there for long and can be removed at any time..

The logic of corruption also matters here. The GOP has embraced the methods and values of authoritarianism. It now depends on propaganda (the “Big Lie”), intimidation, and corruption –election denial being a form of corruption–for its identity and to maintain itself in power. In particular, it is a party that has remade itself in Trump’s image, with the goal of protecting the corrupt and the criminal dictating its actions.

With its leader and many luminaries now indicted for trying to overturn the 2020 election, and those running for president pledging on live television that they will support a convicted criminal as nominee, it is dangerous for the GOP to stand up at the state level for accountability. How much more appropriate to keep a corrupt attorney general in office. Authoritarianism is rule by the lawless. At its peak, as in the states of Vladimir Putin and Kim Jong Un, authoritarianism becomes political rule in support of kleptocracy.

The dangers of accountability, transparency, impartial investigation and other bedrock values of democracy for authoritarian leaders and parties is why these inevitably go after members of the press and the judiciary and often the intelligence sector as well. In the American case, this motivates attacks against the FBI, which is still investigating Paxton (who also faces a state securities fraud case).

In the short term, Paxton will be further emboldened to aggressively undermine the rule of law in his state. On cue, Paxton denounced the “weaponization of the impeachment process to settle political differences.” No matter that the GOP as a whole is seeking to impeach Biden, at Trump’s bidding, to “settle political differences” and take revenge on Biden for having committed the sin of having been legally elected to the office of the presidency.

For the authoritarians of the GOP, who no longer see free and fair elections as valid ways of deciding America’s leadership, that amounts to an “overthrow,” to use Paxton’s word. This is where the GOP is now.