Archives for category: Justice

Writing in Slate, Dahlia Lithwick and Mark Joseph Stern criticize the big law firms that immediately caved to Trump’s demands to quash their diversity programs and pledge millions of dollars in pro bono work for Trump’s causes. They were singled out for punishment by Trump in executive orders because they dared to represent his political enemies.

In the present crisis of American law, judges have been overwhelmingly strong in upholding the rule of law over the demands of an egotistical, lawless president. Over 200 lawsuits have been filed against the Trump administration, which has so far not gone well for Trump. Judges have been targets of abuse, intimidation, even death threats directed at them and their families.

The authors single out Judge Beryl Howell for her fearless defense of the right of lawyers to represent their clients regardless of their political views.

They write:

Last Friday, U.S. District Judge Beryl Howell deftly knit together the professional obligations of the bench to the bar when she handed down a 102-page opinion in favor of one of these fighting firms, Perkins Coie, handing it a massive victory that carried a deeper lesson for the entire legal profession. Howell’s decision is noteworthy for all manner of things, but perhaps the most important aspect is that it serves as a clarion call for lawyers—meaning every lawyer in the country—to find their way to doing the work of democracy. The judge highlighted the “importance of independent lawyers to ensuring the American judicial system’s fair and impartial administration of justice,” a role “recognized in this country since its founding era.” She condemned the administration’s “unprecedented attack on these foundational principles.” And she praised Perkins Coie for defending its lawyers’ right “to represent their clients vigorously and zealously, without fear of retribution from the government simply for doing the job of a lawyer.” Howell also gave credit to the hundreds of lawyers who filed amicus briefs on behalf of the firm, including a cross-ideological array of lawyers, former government officials, and retired judges, reflecting the profession’s near-unanimous revulsion at the prospect of singling out firms based on the clients they choose to represent.

But Howell went out of her way to cast doubt upon the capitulating firms that took Trump’s deal, for possibly compromising their own legal ethics. Describing Trump’s threat that “lawyers must stick to the party line, or else,” she wrote, archly: “This message has been heard and heeded by some targeted law firms, as reflected in their choice, after reportedly direct dealings with the current White House, to agree to demand terms, perhaps viewing this choice as the best alternative for their clients and employees.” Some clients, she noted, “may harbor reservations about the implications of such deals for the vigorous and zealous representation to which they are entitled from ethically responsible counsel”—an extraordinary warning to these clients that their lawyers may no longer be defending their best interests. And to make her position perfectly clear, the judge added: “If the founding history of this country is any guide, those who stood up in court to vindicate constitutional rights and, by so doing, served to promote the rule of law, will be the models lauded when this period of American history is written.”

Howell’s opinion serves as the most important reminder to date that in this constitutional moment, those trained to operate within the law and those who swear oaths to defend it have a singular and critical role to play. The days of “I just do mergers and acquisitions” are behind us, sports fans. If America were experiencing a national tooth-decay crisis, the dentists would be on the front lines; and were it experiencing a sweeping leaky-pipe epidemic, the plumbers would be on the front lines. Given that we are in the throes of the greatest legal disaster the country has faced in many Americans’ lifetimes, it might be a good idea for the nation’s attorneys to begin to understand that they have a role to play too. Howell, meanwhile, holds no quarter for those who would seek to be neutral. If you have the tools to fight lawlessness and you opt not to use them at this moment in history, you are emphatically still taking a side.

It is hard to read Howell’s opinion without worrying that some judge somewhere will find it too sweeping, too polemical, and too teeming with overinflated claims about the centrality of attorneys in American life. (She quoted Alexis de Tocqueville’s observationthat in the early United States, “the authority … intrusted to members of the legal profession … is the most powerful existing security against the excesses of democracy.”) What Howell seems to understand, with as much force as de Tocqueville, is that those entrusted to protect against the “excesses of democracy” are not going to have the luxury of appearing “neutral” much longer, or even just tamping down criticism by avoiding flowery prose in favor of more anodyne wrist slaps. Effective immediately, the defenders of the rule of law are those who went to school to understand it, who get paid to fight for it, and who swear an oath to uphold it.

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

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

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

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

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

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

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

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

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

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

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

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

He writes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vance writes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We’re in this together,

Joyce

ProPublica revealed that Ed Martin, Trump’s choice, for the high-powered job of U.S. Attorney in D.C. is ethically challenged. We already knew that Martin was a strident defender of the January 6 insurrectionists and represented some of them as their attorney. We also knew that Ed Martin has a long history of promoting conspiracy theories.

We learned only a couple of weeks ago that Mr. Martin has appeared on Russian state media more than 150 times between 2016 and 2024, a detail he initially forgot to share with the Senate Judiciary Committee vetting him. The Washington Post reported, “In early 2022, Martin told an interviewer on the same arm of RT’s global network that “there’s no evidence” of a Russian military buildup on Ukraine’s borders, criticizing U.S. officials as warmongering and ignoring Russia’s security concerns. Russia invaded nine days later, igniting a war that continues today.”

What we didn’t know is that in one important case, he was coaching someone else to attack the judge hearing the case.

Trump has chosen many unqualified people for high positions. Ed Martin is one of his worst choices.

ProPublica wrote:

The attacks on Judge John Barberis in the fall of 2016 appeared on his personal Facebook page. They impugned his ethics, criticized a recent ruling and branded him as a “politician” with the “LOWEST rating for a judge in Illinois.”

Barberis, a state court judge in an Illinois county across the Mississippi River from St. Louis, was presiding over a nasty legal battle for control over the Eagle Forum, the vaunted grassroots group founded by Phyllis Schlafly, matriarch of the anti-feminist movement. The case pitted Schlafly’s youngest daughter against three of her sons, almost like a Midwest version of the HBO program “Succession” (without the obscenities).

At the heart of the dispute — and the lead defendant in the case — was Ed Martin, a lawyer by training and a political operative by trade. In Missouri, where he was based, Martin was widely known as an irrepressible gadfly who trafficked in incendiary claims and trailed controversy wherever he went. Today, he’s the interim U.S. attorney in Washington, D.C., and one of the most prominent members of the Trump Justice Department.

In early 2015, Schlafly had selected Martin to succeed her as head of the Eagle Forum, a crowning moment in Martin’s career. Yet after just a year in charge, the group’s board fired Martin. Schlafly’s youngest daughter, Anne Schlafly Cori, and a majority of the Eagle Forum board filed a lawsuit to bar Martin from any association with the organization.

After Barberis dealt Martin a major setback in the case in October 2016, the attacks began. The Facebook user who posted them, Priscilla Gray, had worked in several roles for Schlafly but was not a party to the case, and her comments read like those of an aggrieved outsider.

Almost two years later, the truth emerged as Cori’s lawyers gathered evidence for her lawsuit: Behind the posts about the judge was none other than Martin.

ProPublica obtained previously unreported documents filed in the case that show Martin had bought a laptop for Gray and that she subsequently offered to “happily write something to attack this judge.” And when she did, Martin ghostwrote more posts for her to use and coached her on how to make her comments look more “organic.”

Ed Martin exchanged emails with Priscilla Gray, who had worked in various roles for Phyllis Schlafly, about how to attack Judge John Barberis. (Documents obtained, formatted and highlighted by ProPublica)

“That is not justice but a rigged system,” he urged her to write. “Shame on you and this broken legal system.”

“Call what he did unfair and rigged over and over,” Martin continued.

Martin even urged Gray to message the judge privately. “Go slow and steady,” he advised. “Make it organic.”

Gray appeared to take Martin’s advice. “Private messaging him that sweet line,” she wrote. It was not clear from the court record what, if anything, she wrote at that juncture.

Gray told Martin she would direct message Barberis after she was blocked from commenting on his Facebook page. (Documents obtained, formatted and highlighted by ProPublica)

Legal experts told ProPublica that Martin’s conduct in the Eagle Forum case was a clear violation of ethical norms and professional rules. Martin’s behavior, they said, was especially egregious because he was both a defendant in the case and a licensed attorney. 

Martin appeared to be “deliberately interfering with a judicial proceeding with the intent to undermine the integrity of the outcome,” said Scott Cummings, a professor of legal ethics at UCLA School of Law. “That’s not OK.”

Martin did not respond to multiple requests for comment.

Martin’s legal and political career is dotted with questions about his professional and ethical conduct. But for all his years in the spotlight, some of the most serious concerns about his conduct have remained in the shadows — buried in court filings, overlooked by the press or never reported at all.

His actions have led to more than $600,000 in legal settlements or judgments against Martin or his employers in a handful of cases. In the Eagle Forum lawsuit, another judge found him in civil contempt, citing his “willful disregard” of a court order, and a jury found him liable for defamation and false light against Cori.

Cori also tried to have Martin charged with criminal contempt for his role in orchestrating the posts about Barberis, but a judge declined to take up the request and said she could take the case to the county prosecutor. Cori said her attorney met with a detective; Martin was never charged.

Nonetheless, the emails unearthed by ProPublica were evidence that he had violated Missouri rules for lawyers, according to Kathleen Clark, a legal ethics expert and law professor at Washington University in St. Louis. She said lawyers are prohibited from trying to contact a judge outside of court in a case they are involved in, and they are barred from using a proxy to do something they are barred from doing themselves….

As one of its first personnel picks, the Trump administration chose Martin to be interim U.S. attorney for the District of Columbia, one of the premier jobs for a federal prosecutor.

A wide array of former prosecutors, legal observers and others have raised questions about his qualifications for an office known for handling high-profile cases. Martin has no experience as a prosecutor. He has never taken a case to trial, according to his public disclosures. As the acting leader of the largest U.S. attorney’s office in the country, he directs the work of hundreds of lawyers who appear in court on a vast array of subjects, including legal disputes arising out of Congress, national security matters, public corruption and civil rights, as well as homicides, drug trafficking and many other local crimes.

Over the last four years, the office prosecuted more than 1,500 people as part of the massive investigation into the violence at the U.S. Capitol on Jan. 6, 2021. While Trump has pardoned the Jan. 6 defendants, Martin has taken action against the prosecutors who brought those cases. In just three months, he has overseen the dismissal of outstanding Jan. 6-related cases, fired more than a dozen prosecutors and opened an investigation into the charging decisions made in those riot cases.

Martin has also investigated Democratic lawmakers and members of the Biden family; forced out the chief of the criminal division after she refused to initiate an investigation desired by Trump appointees citing a lack of evidence, according to her resignation letter; threatened Georgetown University’s law school over its diversity, equity and inclusion policies; and vowed to investigate threats against Department of Government Efficiency employees or “chase” people in the federal government “discovered to have broken the law or even acted simply unethically.”

Martin “has butchered the position, effectively destroying it as a vehicle by which to pursue justice and turning it into a political arm of the current administration,” says an open letter signed by more than 100 former prosecutors who worked in the U.S. Attorney’s Office for the District of Columbia under Democratic and Republican presidents.

Thom Hartmann is a brilliant journalist who is fast to figure out the stories behind the headlines. Here, he explains why Attorney General Pam Bondi had Milwaukee County Jusge Hannah Dugan arrested and paraded her out of her courthouse in handcuffs. FBI Director Kash Patel tweeted pictures of the judge in handcuffs.

Hartmann writes that the goal was a warning to other judges:

The audience for Pam Bondi‘s performance yesterday — when federal agents swarm-raided a county judge — was not the general public. They don’t care if the story vanishes six or 12 or 24 hours into the news cycle, so long as vanishes. The real audience for their action was a very small number of people: the nation’s judges. They’ve pacified the Article I branch of government, Congress, and now they are in the process of pacifying the article III Judiciary branch. That will leave only the president in charge of the entire country under all circumstances in all ways. That is called dictatorship. Real dictatorship. Vladimir Putin style dictatorship. In fact it appears more and more every day that Putin is Trump’s mentor. If not his handler. And Trump is doing everything he can, with help from a South African billionaire, to destroy the traditional American infrastructure and nation and turn us into the newest member of the dictators club, joining Russia, China, Saudi Arabia, Belarus, Hungary, and the rest of the fascist and authoritarian world. And to get there, now that they have pacified Congress, they only have to seize control of the Judiciary and then nothing except we the people will stand in their way. And they know it. First, terrorize Congress. Second, terrorize the media. Third, terrorize the judges and lawyers. (the final step in that process for them will be the Supreme Court, and if they can first terrorize the entire federal judiciary it will be much easier to terrorize the Court). And finally begin terrorizing the individual citizens until the process is complete and we are fully Russia and all dissent is suppressed. And they know that time is running out because elections are coming and their popularity is already crashing. They are at maximum power right now and it is beginning to decline. This is another reason why they are pushing so hard to frighten judges. If Trump can do this as quickly as Hitler or Putin did, it could happen very quickly, possibly even in the next few weeks. Buckle up…

Hartmann also wrote about Trump’s habit of lying:

Busted: Trump stuns Time Magazine with outlandish lies to cover up his trade deal collapse. Donald Trump has lied his entire life, but China’s President Xi is committed to not letting him get away with lying about his trade negotiations with that country. On Tuesday, Trump sat down with two TIME Magazine reporters and repeatedly lied to them, saying that he was negotiating with China and that he’d already cut “over 200” deals with other nations to resolve the trade war he declared roughly a month ago. In fact, as the reporters pointed out, he’s not inked even one single deal so far and, to make things far worse for him, China is actively using social media to tell the world that they’re not even bothering to talk with his people, must less President Xi calling Trump himself. We’ve had some terrible presidents throughout our history and some have done some terrible things; John Adams imprisoning newspaper editors, Andrew Jackson and the Trail of Tears, both Richard Nixon and Ronald Reagan conspiring with foreign countries to steal American elections. But lying to the press and the people on such a routine basis — over 30,000 documented lies in his first term, and daily lies now — is something new in the American experience. Democracy can’t work when a nation can’t trust its leaders to tell them the truth on issues of consequence, which appears to be exactly Trump’s (and Putin’s) goal: the destruction of our republic from the inside, just as Khrushchev predicted.

Then Hartmann wondered why some of Trump’s Wall Street pals are getting stock tips:

Are Wall Street insiders getting stock tips from Trump? And why is Apple moving their production to India instead of the US? Fox’s senior business correspondent Charles Gasparino told his viewers on Thursday that “senior Wall Street execs with ties to the White House” had informed him that they were getting tips from the Trump administration on trade talks that could (and do) swing markets. When Gasparino approached Treasury Secretary and billionaire Scott Bessent’s press team, they refused to deny the reports. Remember when Martha Stewart went to prison for six months because a doctor friend told her about the results from clinical trials of a new drug and she passed that info along to her stockbroker? Hypocrisy doesn’t begin to describe the astonishing level of corruption across this administration. Of course, they have a hell of a role model to emulate in Donald Trump. Meanwhile, Apple reports they’re considering moving their iPhone production out of China in response to Trump’s tariff threats. But are they bringing it to Texas or Kentucky? Not a chance. India is the new destination, according to news reports. So much for Eisenhower’s “patriotic American companies”; that was so 1950s. The entire concept of doing good by the country that made you rich is long dead, the victim of the Reagan Revolution’s embrace of neoliberal free trade and doctrine of putting profits above people and patriotism.

As you read here, Michael Tomasky said that Trump was taking in millions from suckers by selling his meme coins, a for-profit deal that would have shocked the nation if it had been done by Biden or any other president.

Hartmann warns about the grifting, which the Mainstream Media doesn’t seem to care much about:

While America is burning (both economically and from climate change), professional grifter Trump is making out like a bandit. Are Americans paying attention yet? Can you imagine how Republicans would have responded if President Biden had announced that he and his son Hunter were going to start selling autographed pictures of himself for a few thousand dollars each and would be running the business out of the White House? And that the top purchasers — even if they were foreign nationals — would be having a private dinner with him and get a tour of the White House? They’d be fainting in the streets, screaming in front of the cameras, and convening investigations, grand juries, and criminal prosecutions faster than a weasel in a henhouse. But when Trump announced this week that he was selling his meme coins — which are just serial-numbered digital images of Trump or his wife with no intrinsic value — and the top 220 “investors” would have dinner with him, not even one elected Republican stood up to object. This is how far the party has fallen; they’re all in on the grift, and many are looking for ways to cash in on it as apparently Marjorie Taylor Greene did when it was reported it looked like she was buying and selling stocks based on insider information. 

Jamelle Bouie, one of the most insightful columnists for The New York Times, observes that Trump has no interest in governing. He is interested in ruling. He thinks he has a mandate, even though he did not win 50% of the popular vote. He thinks his will is as powerful as law. He does not share power with Congress, and he’s testing how far he can go to diminish the courts.

Bouie reflects on Trump’s indifference to the other branches of Govenment in this newsletter:

I think it’s obvious that neither President Trump nor his coterie of agents and apparatchiks has any practical interest in governing the nation. It’s one reason (among many) they are so eager to destroy the federal bureaucracy; in their minds, you don’t have to worry about something, like monitoring the nation’s dairy supply for disease and infection, if the capacity for doing so no longer exists.

But there is another, less obvious way in which this observation is true. American governance is a collaborative venture. At minimum, to successfully govern the United States, a president must work with Congress, heed the courts and respect the authority of the states, whose Constitutions are also imbued with the sovereignty of the people. And in this arrangement, the president can’t claim rank. He’s not the boss of Congress or the courts or the states; he’s an equal.

The president is also not the boss of the American people. He cannot order them to embrace his priorities, nor is he supposed to punish them for disagreement with him. His powers are largely rhetorical, and even the most skilled presidents cannot shape an unwilling public.

Trump rejects all of this. He rejects the equal status of Congress and the courts. He rejects the authority of the states. He does not see himself as a representative working with others to lead the nation; he sees himself as a boss, whose will ought to be law. And in turn, he sees the American people as employees, each of us obligated to obey his commands.

Trump is not interested in governing a republic of equal citizens. To the extent that he’s even dimly aware of the traditions of American democracy, he holds them in contempt. What Trump wants is to lord over a country whose people have no choice but to show fealty and pledge allegiance not to the nation but to him.

What was it Trump said about Kim Jong-un, the North Korean dictator, during his first term in office? “Hey, he’s the head of a country. And I mean he is the strong head. Don’t let anyone think anything different,” Trump said in 2018. “He speaks, and his people sit up at attention. I want my people to do the same.”

He wants his people to do the same.

Ad

James Pindell of The Boston Globe predicts that Harvard University has a better hand than Trump in their epic confrontation. Harvard, like Trump, can employ the tactics of delay, delay, appeal, delay, appeal, which Trump used to avoid accountability for provoking an insurrection and trying to overturn the election that he lost. Despite plentiful evidence of the greatest crime against our in our history, Trump used delay-and-appeal to evade punishment.

Furthermore, Harvard has its pick of the best lawyers in the nation. And it has the funding to bear the burden of prolonged litigation.

He writes:

Harvard University is unrivaled when it comes to securing smart, high-powered legal advice, often from people who have the institution’s long-term interests at heart. Four of the nine current US Supreme Court justices are Harvard alumni. Retired Justice Stephen Breyer still maintains an office at the law school. And with a $53 billion endowment, Harvard can afford to hire virtually any white-shoe law firm it chooses.

But as Harvard formally resisted the Trump administration’s latest round of demands this week — unprecedented even by the administration’s own standards — it seemed, ironically, that the university might be borrowing a legal strategy from President Trump himself.

Step one: Deny any wrongdoing. Step two: Assemble a team of elite lawyers to challenge every question, motion, and investigation at length. Step three: Stall, delay, and wait it out.

This is a playbook Trump has used for decades. Most recently, it served as the foundation of his legal strategy in three criminal trials during his post-presidency. In each case, he managed to use procedural maneuvers and aggressive delay tactics to his advantage.

Sure, Trump’s ability to dodge accountability is often described as uniquely his own. But in this case, Harvard may actually hold the better cards, at least in terms of timing and institutional resilience.

In just 600 days, Democrats could reclaim the majority in the US House of Representatives. In four years, Trump will no longer be president. (Speculation about a third term is a separate column.) Harvard, by contrast, was founded 389 years ago. Those entrusted with its future are planning for it to exist at least another 400. From that perspective, Trump’s second term is a blip.

The Trump administration first went after Harvard two weeks ago, with what at the time was largely about antisemitism on campus following the Oct. 7 Hamas attack on Israel. But on Friday night, the Trump administration sent Harvard a second letter, escalating its pressure campaign. Unlike the first letter, which focused on claims of rampant antisemitism on campus and threatened a loss of federal research funding, this second demand went much further. The administration insisted that Harvard overhaul its hiring and admissions practices, abandon academic independence in curricular matters, and adopt some vague form of ideological “balance” — as defined by the administration now and in the future.

And in another move right out of Trump’s own playbook, Harvard isn’t just preparing for court — it’s leveraging the standoff as a public relations opportunity.

Columbia University, facing immense internal and external pressure, saw two university presidents resign in two years and ultimately made concessions. Harvard, too, had a president resign under pressure from conservatives in the wake of the Israel-Hamas war. But this week, by contrast, the school is being praised within academic circles for standing its ground. It is positioning itself as a standard-bearer for academic freedom and likely sees this moment as one that could define its leadership and credibility among peers.

But in the long term, Harvard uniquely may have the resources and the legal muscle to delay without conceding a single point, at least until there is a new US president. It also has the financial cushion to cover essential programs it deems vital to its mission. This, for Harvard, is what a rainy day looks like — and it has a very large umbrella.

The Trump administration apparently realized belatedly that they went too far in the demands they made in threatening Harvard. The New York Times reported that the letter demanding control of the curriculum, of admissions, and of “ideological diversity” among the faculty and students was sent in error and did not have the appropriate vetting.

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

Thom Hartmann writes:

Yesterday was the day democracy in our nation officially died.

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

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

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

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

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

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

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

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

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

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

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

“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

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

Fifth Amendment to the Constitution:

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

Sixth Amendment to the Constitution:

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

Seventh Amendment to the Constitution:

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

Eighth Amendment to the Constitution:

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

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

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

Justice Sotomayor was explicit:

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

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

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

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

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

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

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

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

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

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

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

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

“He has made Judges dependent on his Will alone

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

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

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

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

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

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

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

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

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

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

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

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

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

Dvorak writes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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