Archives for category: Trump

Laura K. Field writes about John Eastman, once a prominent lawyer, who advised Trump and his team about how to overturn the 2020 election. Her post appears at The Bulwark, a place created by Republican Never Trumpers. Eastman is involved in disbarment proceedings for his role in the failed coup.

FOR NEARLY TWO YEARS NOW, since he was revealed in September 2021 to be the author of the notorious “coup memos,” John Eastman has been walking a bizarre legal and political tightrope.

On the one hand, we have the man who filed a legal claim on behalf of President Donald Trump in Texas in December 2020 seeking to invalidate millions of votes. The man who was invited to join Trump’s unofficial legal team later that month, where he wrote the two elaborate memos delineating various paths that Trump and Vice President Mike Pence could take to delay or overturn the election count. Who tried in person to persuade Pence that, at the very least, he had the authority to delay the vote count; who spoke at Trump’s “Save America” rally on January 6th, repeating conspiratorial lies about election fraud; whose emails that same day reveal that during the siege of the Capitol that he blamed Pence for not acting as he had advised; who was caught on video (by an undercover activist) boastingabout working to overturn the election; who lost his academic appointments in the aftermath of these events; whom a federal judge concluded had “more likely than not” broken the law; who may soon be disbarred in the state of California; and who is so worried about being indicted by Special Counsel Jack Smith that he has requested a postponement of those disbarment proceedings.

On the other hand we have a man who has tried to distance himself from his own memos, at one point calling himself “the white knight here, talking [Trump] down from the more aggressive position” in advance of January 6th. This other Eastman has consistently maintained that his recommendations to Pence and Trump were narrow, sensible, and moderate. That he had merely recommended “hitting pause” on the vote count on January 6th, so that the relevant election controversies could be adjudicated by the states. That to follow the other paths articulated in his memos would have been reckless.

The gulf between these two Eastmans—the eager-to-act conspiratorial Eastman and the reticent lawyerly one—shrunk a bit last week, with the release of the third and final installment of an Eastman interview with the Claremont Institute’s main financial backer, chairman of the board, and gonzo anti-woke warrior, Thomas D. Klingenstein. In this interview, Eastman comes close to saying that his own electoral shenanigans and legal wrangling have been a sideshow. In sentiments reminiscent of Michael Anton’s “The Flight 93 Election” essay and subsequent writing, Eastman makes it clear—without fully dropping his lawyerly persona—that for him, the deeper reason for standing by Trump through his January 6th saga was that he thinks Democrats are destroying the country.


LAST WEEK, I WROTE about the first and second parts of Eastman’s interview with Klingenstein. In the first, they trot through a long list of disproven allegations of 2020 election fraud. The second is about January 6th and the question of Pence’s legal authority to delay or overturn the election.

Now comes the concluding installment, which begins by focusing on the question of prudence: Given all the complex considerations involved in the 2020 election, was it prudent for Eastman and Trump to pursue the course of action that they did?

The interview is full of odd claims and intriguing revelations. For example, at one point Eastman says that in his considerations of prudence he did not take into account the possibility of mob violence, because he was working in “a different department,” that “Trump himself had authorized the call-up of 20,000 members of the National Guard for January 6th” (not true), and that Eastman just assumed that “those things were handled.”

Eastman also suggests in this segment that he believed there was a “fair prospect” that he would have been able to win “a majority of the [Supreme] Court” in support of Pence’s right “merely to delay,” or at least to get the Court not to touch the issue as nonjusticiable.

But the interview really gets disturbing in its last ten or so minutes, when it turns to the question of Eastman’s deepest motives. Why was it so important to Eastman to see Trump re-elected? Klingenstein suggests that the “biggest” factor motivating Eastman “is the current circumstances in the country, the political and social condition.”

Eastman agrees. After some discussion about how the legal situation surrounding the 2020 election was different from the legal situation in two other close elections, those of 1960 and 2000, Eastman makes clear that the more important distinction he sees among those three elections is that “the stakes” in 2020 were higher—that they were literally life or death:

Certainly not in 1960, but also not in 2000, were the stakes about the very existential threat that the country is under as great as they are.

We’re not talking about, you know, handing over to John Kennedy, instead of Richard Nixon, who’s gonna deal with the Cold War. We’re talking about whether we are going to, as a nation, completely repudiate every one of our founding principles, which is what the modern left wing which is in control of the Democrat party believes—that we are the root of all evil in the world and we have to be eradicated.

This is an existential threat to the very survivability, not just of our nation, but of the example that our nation, properly understood, provides to the world. That’s the stakes.

Obviously, when the stakes are this high, you do whatever you can to fight back. As Anton put it about the 2016 election, you “charge the cockpit or you die.” So when the opportunity came along to be part of a challenge to the normal election processes, Eastman was eager to join the fight.

The interview does not, it seems to me, involve a moment where Eastman fully “comes clean” about trying to overthrow a legitimate election (as Josh Marshall has suggested). Rather, what Eastman does is zoom in and out between what we might call the deeper cause of his actions—his belief, entirely consonant with Anton’s original “Flight 93 Election” bullshit, that liberals and the left pose an existential threat to the country and are traitors to the country’s founding principles—and the immediate rationale or pretext for his behavior, which is the premise of the stolen election.

In the very next part of the interview, Eastman zooms out:

Trump seems to understand that [i.e., the stakes] in a way a lot of Republican establishment types in Washington don’t, and it’s a reason he gets so much support in the hinterland and the ‘flyover country.’ People are fed up with folks, you know, get-along-go-along while the country is being destroyed.

And then Eastman zooms back in to argue that these high stakes justified his involvement in Trump’s post-election machinations:

And so I think the stakes are much bigger, and that means a stolen election that thwarts the will of the people trying to correct course, and get back on a path that understands the significance and the nobility of America and the American experiment is really at stake and we ought to fight for it.

Eastman and Klingenstein seem almost to suggest that stolen elections are a dime a dozen in American history, but only in this instance was it worth the fight.

At this point in the interview, Eastman all but drops the façade, and zooms out all the way. When asked by Klingenstein once again whether he maybe would have made a different prudential calculation in 1960 or 2020, Eastman says yes, “I may have come to a different conclusion.” Then he proceeds to explain:

Look, our founders lay this case out. The prudential judgment they make in the Declaration of Independence is the same one. There’s actually a provision in the Declaration of Independence that says, you know, a people will suffer abuses while they remain sufferable—or tolerable, while they remain tolerable—but at some point the abuses have become so intolerable that it is not only their right but their duty to alter or abolish the existing government.

So that’s the question. Have the abuses and the threat of abuses become so intolerable that we have to be willing to push back.

This is an extraordinary thing to admit. For one thing, by the time you’re appealing to the Declaration of Independence in that way you are in effect admitting that you were trying to overthrow your government.

It may be obvious but it’s worth saying this out loud: Violence is implicit in this line of argument. Lincoln understood this when he spoke of Americans’ “revolutionary right to dismember or overthrow” their own government. The men and women who charged the Capitol understood this. Eastman and Klingenstein, sitting in their suits and ties in an elegant study lined with books, may deny having violent intentions, may even abjure the use of force, but implicit in their rhetoric in this interview and elsewhere (Klingenstein’s website: “The essential thing is for Republicans to understand we are in a war and then act accordingly”) is a justification for violence.


AS THE INTERVIEW CONCLUDES, Eastman goes on to maintain, again, that supposed Democratic election-stealing played a part in his prudential calculation. But he says plainly enough throughout that the more fundamental motive concerned the basic state of the country and his political and philosophical disagreements with Democrats. A few minutes after his appeal to the Declaration, Eastman will claim that Democratic efforts to destroy the country have accelerated rapidly—“it’s been an exponential increase in the last few years”—and as an example he quotes the culture wars: “You’re gonna let 50-year-old-men naked into teenage girls’ showers at public pools, or drag queens doing story hours to 6-year-olds.”

Of course. The trans people and drag queens left Eastman no choice. The Democrats made him do it.

The Klingenstein-Eastman interview is, in the main, situated squarely in the muck of conspiracy theories about the 2020 election and obtuse speculative reasoning about the vice president’s proper role in the congressional counting of Electoral College votes. In this third installment, however, as Eastman goes on about Democratic bogeymen and the higher “stakes” of the 2020 election, it becomes quite clear that, at some point, for these men and in this fight, anything goes. Pretexts and premises be damned.

Given the overall sham quality of Eastman and Trump’s political and legal arguments to date, it seems quite likely that they both reached that point a long time ago. At this point the two men have gone all in. Nothing’s going to stop them now.

Except, maybe, in Eastman’s case at least, the American courts and rule of law.

Maureen Dowd is a regular columnist for the New York Times. Here she reviews Trump’s ongoing coup. Dowd refers to Trump at the end of the article as an Amadán. Carol Burris, who is of Irish origin, sent the following explanation: “She calls him amadán at the end, which in Irish is a fool. But the full terminology, “amadán dubh,” comes from Irish folklore and refers to the “dark fool” or “dark fairy.” Amadán Dubh is a trickster fairy found in Irish folklore, and is the ‘bringer of madness and oblivion.’ That he is.”

Maureen Dowd wrote:

WASHINGTON — The man who tried to overthrow the government he was running was held Thursday by the government he tried to overthrow, a few blocks from where the attempted overthrow took place and a stone’s throw from the White House he yearns to return to, to protect himself from the government he tried to overthrow.

Donald Trump is in the dock for trying to cheat America out of a fair election and body-snatch the true electors. But the arrest of Trump does not arrest the coup.

The fact is, we’re mid-coup, not post-coup. The former president is still in the midst of his diabolical “Who will rid me of this meddlesome democracy?” plot, hoping his dark knights will gallop off to get the job done.

Trump is tied with President Biden in a New York Times/Siena College poll, and if he gets back in the Oval, there will be an Oppenheimer-size narcissistic explosion, as he once more worms out of consequences and defiles democracy. His father disdained losers and Trump would rather ruin the country than admit he lost.

The Trump lawyer John Lauro made it clear they will use the trial to relitigate the 2020 election and their cockamamie claims. Trump wasn’t trying to shred the Constitution, they will posit; he was trying to save it.

“President Trump wanted to get to the truth,” Lauro told Newmax’s Greg Kelly after the arraignment, adding: “At the end he asked Mr. Pence to pause the voting for 10 days, allow the state legislatures to weigh in, and then they could make a determination to audit or re-audit or recertify.”

In trying to debunk Jack Smith’s obstruction charges, Lauro confirmed them. Trying to halt the congressional certification is the crime.

Smith’s indictment depicts an opéra bouffe scene where “the Defendant” (Trump) and “Co-Conspirator 1” (Rudy Giuliani) spent the evening of Jan. 6 calling lawmakers attempting “to exploit the violence and chaos at the Capitol” by sowing “knowingly false allegations of election fraud.” Trump melodramatically tweeted about his “sacred landslide election victory” being “unceremoniously & viciously stripped away from great patriots.”

Giuliani left a voice mail message for a Republican senator saying they needed “to object to numerous states and raise issues” to delay until the next day so they could pursue their nefarious plan in the state legislatures.

Two words in Smith’s indictment prove that the putz knew his push for a putsch was dishonest: “too honest.” Bullying and berating his truant sycophant, Mike Pence, in the days leading up to Jan. 6, Trump told his vice president, “You’re too honest.”

The former vice president is selling “Too honest” merchandise, which, honestly, won’t endear him to the brainwashed base. Pence’s contemporaneous notes helped Smith make his case.

It’s strange to see Pence showing some nerve and coming to Smith’s aid, after all his brown-nosing and equivocating. He and Mother, who suppressed her distaste for Trump for years, were the most loyal soldiers; in return, according to an aide, Trump’s chief of staff Mark Meadows saidTrump felt Pence “deserved” to be hanged by the rioters.

Pence told Fox News on Wednesday that Trump and his advisers wanted him “essentially to overturn the election.”“It wasn’t just that they asked for a pause,” Pence said, at odds with Lauro. “The president specifically asked me and his gaggle of crackpot lawyers asked me to literally reject votes.”

Ron DeSantis, another presidential wannabe who enabled Trump for too long, acknowledged on Friday that “all those theories that were put out did not prove to be true.” But Trump and his henchmen were busy ratcheting up the lunacy.

“IF YOU GO AFTER ME, I’M COMING AFTER YOU!” Trump threatened on Truth Social on Friday.

On the same day and platform, he accused “the corrupt Biden DOJ” of election interference. Exquisite projection. In Trump’s warped view, it’s always the other guy who’s doing what Trump is actually doing.

Kari Lake told House Republicans to stop pursuing a Biden impeachment and just decertify the 2020 election because Biden is not “the true president.” Lake said of Trump: “This is a guy who’s already won. He won in 2016. He won even bigger in 2020. All that Jan. 6 was, was a staged riot to cover up the fact that they certified a fraudulent election.”

Before laughing off this absurdity, consider the finding from CNN’s new poll: Sixty-nine percent of Republicans and those leaning Republican believe Biden is an illegitimate president, with over half saying there is “solid evidence” of that.

While Trump goes for the long con, or the long coup — rap sheet be damned, it’s said that he worries this will hurt his legacy. He shouldn’t. His legacy is safe, as the most democracy-destroying, soul-crushing, self-obsessed amadán ever to occupy the Oval. Amadán, that’s Gaelic for a man who grows more foolish every day.

Blogger Robert Hubbell explains why Trump will force Judge Tanya Chutkan in D.C. to lock him up. With his insults directed at judges, prosecutors, and potential witnesses, he is encouraging political violence.

He wrote:

Trump knows that a jury of his peers will convict him in a fair trial. He has therefore resorted to extra-judicial efforts to intimidate and prejudice the jury pool. His efforts are not only extra-judicial, they are undemocratic, thuggish, and illegal. Like a crime lord with feral instincts, Trump knows how to threaten without threatening and brutalize without leaving fingerprints at the scene of the crime. Instead, he grants permission to his followers to violate laws and norms, encouraging them to do the dirty work necessary to defend the indefensible.


Over the last several days, the breadth and viciousness of Trump’s assault on the legal system became manifest as MAGA extremists attacked the judge and jurors in Trump’s various criminal proceedings. Before reviewing the latest insults to the rule of law, let’s skip to the end to discuss the solution: We must recognize that Trump is engaged in political terrorism designed to frighten good people who are the backbone of democracy. We cannot let that happen. The solution is not to shrink in fear, but to swell in numbers, strengthen our resolve, and dispel the exaggerated fears created by a skulk of cowards who hide in internet shadows.


In America, there is an ever-present risk of violence that cannot be entirely dismissed. Law enforcement and prosecutors should, therefore, vigorously pursue and prosecute the small, frightened, impotent cultists who threaten jurors, judges, and prosecutors. But we must recognize that the business model of political terrorism is for a few individuals to instill outsized and unwarranted fear in the masses. Recognizing that truth should allow us to keep in perspective the fact that a few thousand online pseudo-terrorists vanish to nothingness compared to 335 million Americans.


America is bigger than Trump and his minions. We should not cower in fear but should pursue justice with confidence and righteousness. We are protecting the Constitution and our system of laws. We cannot fail in that task—and there is nothing that cowards with keyboards can do to deter us.


Against that background, let’s look at the events on the ground.


Abigail Jo Shry of Alvin, Texas, threatened Judge Tanya Chutkan in a voicemail message that began with racial slurs and ended with threats of violence. Shry was quickly questioned, arrested, and charged in federal court. The magistrate ordered that she remain in pretrial detention for at least 30 days pending a determination of her danger to the community. That is type of federal response that will deter future threats….

There have also been threats against members of the Fulton County grand jury that indicted Trump and eighteen other defendants on RICO charges. See NYTimes, Officials Investigate Threats Against Trump Grand Jurors in Georgia (accessible to all). The Fulton County sheriff issued an anodyne statement acknowledging the threats and stating that the sheriff was investigating. (The statement said the sheriff was “aware of online threats against grand jurors and was working with other agencies to track down their origin.”)

A stronger statement from the sheriff and the quick arrest of several perpetrators would go some distance to damping the false bravado of other beer-fueled couch terrorists. A stronger reaction is necessary because the online threats are directed not only against the grand jurors, but future jurors who will preside over Trump’s criminal trials.

But there is more.

Trump released a video in which he attacked special prosecutor Jack Smith as a “deranged lowlife” for obtaining Trump’s Twitter feed. See Forbes, Trump Attacks Jack Smith For Gaining Access To His Old Twitter Account. This is the type of statement that should cause Judge Tanya Chutkan to remand Trump into custody. At the very least, the statement should be added to the list of offenses that will finally cause Trump to be detained pending trial.

Detaining Trump before tria is not only inevitable but also necessary. Trump’s continued attacks are having a corrosive effect that seeps into the nooks and crannies of the justice system everywhere. Many readers have commented on the raid on a Kansas newspaper because of efforts by the newspaper to report on the failure of local police to enforce DUI laws against a local businessman. Based on a questionable search warrant issued by a local magistrate, police seized computers, cell phones, and files—a gross violation of federal protections granted to members of the news media.

The public outcry and obvious illegality of the seizure forced the police to return the seized items and the local prosecutor to withdraw the questionable warrant due to ‘insufficient evidence’. But the question remains, “How could this happen? How is it that local police and magistrate could ignore constitutional and statutory protections for the press?” Some of the sordid answers are detailed in this investigative piece by The Wichita Eagle, Judge Laura Viar, who approved newspaper raid, has DUI arrests.

Apart from the local magistrate’s questionable potential bias due to her own history of DUI troubles, another answer is that the police and magistrate are modeling themselves after a national GOP in which the rule of law is an impediment to power. In short, they thought they could get away with trampling the Constitution. Fortunately, they were wrong—and will likely be charged with crimes and serve time in jail. As should Trump.

If Americans see that Trump is punished for his attacks on the justice system pending trial, others will realize that they, too, must respect the justice system. We owe the Constitution nothing less.

Charlie Sykes was a conservative pundit until Trump came along. He’s now an outspoken Never Trumper who writes at The Bulwark.

He wrote this morning about the leak of Ron DeSantis’ debate prep materials.

I had hoped today to write about anything except the Florida Governor’s flatulent, failing, fumbling campaign. That sad nag has been pummeled to death.

But you really can’t avert your eyes from this can you?

Let’s take a moment to consider the position Ron DeSantis finds himself in: He’s trailing Donald Trump by 39 points, shedding donors and voters alike. He’s reset his campaign, fired staff, and had to undergo the indignity of flying commercial. His attempts at simulating a normal human being have flopped and he’s being mercilessly trolled by Trump.

Next week’s debate in Milwaukee may be his last chance to turn this around.

As chance would have it, the debate will take place the same week that his main rival for the GOP nomination will be arrested, fingerprinted, and had his mugshot taken — after his fourth criminal indictment.

His strategy?

Defend Donald Trump.

Real Man of Political Genius.¹

On Thursday, the NYT reported on a cache of memos posted online by DeSantis’s SuperPac that are chock full of the sort of brilliant insights that helped inspire his shambolic campaign launch with Elon Musk.

As they began, so, apparently, they intend to continue.

The trove of documents provides an extraordinary glimpse into the thinking of the DeSantis operation about a debate the candidate’s advisers see as crucial.

“There are four basic must-dos,” one of the memos urges Mr. DeSantis, whom the document refers to as “GRD.”

“1. Attack Joe Biden and the media 3-5 times. 2. State GRD’s positive vision 2-3 times. 3. Hammer Vivek Ramaswamy in a response. 4. Defend Donald Trump in absentia in response to a Chris Christie attack.”

The memo advises DeSantis to say something like: “Trump isn’t here, so let’s just leave him alone. He’s too weak to defend himself here. We’re all running against him. I don’t think we want to join forces with someone on this stage who’s auditioning for a show on MSNBC.”

It also urges Desantis to deploy Trump-like nicknames like “Fake Vivek” or “Vivek the Fake.”

Really, this should go well, especially the part about telegraphing his plan to go after Christie (the most formidable debater on the stage) and the Hindu guy.

Via the Wapo:

There are two additional memos about Ramaswamy, including one outlining his positions on marijuana legalization, mask-wearing during the covid-19 pandemic and transgender people in the military. One highlights Ramaswamy’s past statements suggesting support for a “very high” inheritance tax. And it singles out his faith and his family’s roots in India.

“Ramaswamy — a Hindu who grew up visiting relatives in India and was very much ingrained in India’s caste system — supports this as a mechanism to preserve a meritocracy in America and ensure everyone starts on a level playing field,” the memo says.

**

The meta-theory behind the memo? The subject line is “RE: Orchestra pit,” which refers to the Roger Ailes’s theory “that making mistakes and choreographing attacks are more likely to garner media coverage than articulating policy positions during a televised debate.”

“You have two guys onstage and one guy says, ‘I have a solution to the Middle East problem,’ and the other guy falls in the orchestra pit,” Ailes once said. “Who do you think is going to be on the evening news?”

So, if things aren’t going well for Florida Man, don’t be surprised if he tries to throw himself into a mosh pit of supporters. Or something.

**

My Colleague Tim Miller quite reasonably calls this “One of the most WTF leaks in memory. Makes your candidate seem like a pathetic baby and neutralizes potential attacks. Baffling.”

“This is not normal,” he says. “The whole thing just wreaks of desperation.” (Trust me, we’re going to be talking about it on today’s Bulwark podcast.)

National Review’s Noah Rothman is also baffled: “I don’t understand why DeSantis is in the race at this point if he thinks he can win the nomination by playing blocking tackle for the frontrunner. Just stop wasting everyone’s time and money.”

And I regret to tell you that even as blind squirrels eventually find the nut, the thoroughly deplorable Elise Stefanik had a good point,when she called the memo “absolute malpractice.”

“As a former debate prepper, the first and most obvious rule of debate prep is don’t leak the debate prep memo,” Stefanik wrote while sharing the story from the New York Times….

**

Exit take: Trump’s not showing up in Milwaukee next week. Last night he bleated:

.

If you thought Betsy DeVos was bad, wait ‘til you meet Erika Donalds! She is adored by both Ron DeSantis and Donald Trump. She hates public schools and spreads lies about them. Sadly for DeSantis, she has cast her lot with Trump.

Kiera Butler wrote about the rise of Erika Donalds in Mother Jones. She begins:

On a hot afternoon in June, some 700 seated attendees of the annual summit of the conservative parents’ rights group Moms for Liberty bowed their heads in prayer. The Moms had waited in a security line that spanned two floors of the Philadelphia Marriott to get here, and even during this somber moment, the giddiness in the ballroom was palpable as they geared up for the highlight of the conference: a speech by former President Donald Trump.

Up at the dais, wearing a shiny green satin T-shirt that stood out against a row of American flags, Moms for Liberty advisory board member and wife of Rep. Byron Donalds (R-Fla.) Erika Donalds offered an invocation. “Lord, you have elevated this organization to do your good work in this country,” she said. “We’re grateful that the truth is being exposed, that parents are being able to see what’s really going on in education in our country.”

Presumably, Donalds was referring to the litany of complaints about public schools that had emerged in the conference breakout sessions: how they were corrupting children with lessons about institutional racism, gender diversity, and sex ed. Trump, when he finally took the stage, put a finer point on these forces of corruption, decrying the “radical left, the Marxists and communists” who had supposedly taken over American education. Then, he thanked Donalds by referring to her as “Byron’s wonderful wife.” He went on, “Where is she? I hope she’s here somewhere because she is an incredible person!”DeSantis helped position Donalds as an educational power player in the state. In return, Donalds has had an outsize influence on Florida’s educational policy.

Trump’s hour-and-a-half speech was a meandering affair, but the Moms were rapt: They booed when he accused President Joe Biden of arranging his indictment, and whooped when he complained about “the 87 different genders that the left says are out there.” But possibly the loudest applause of all came when he returned to the topic of education. “By the way I want to move our education system back to the states,” he said. The audience exploded. “You hear that, Erika?”

That Donalds received two separate Trump shout-outs was noteworthy because, well, she’s not all that famous, at least not outside of her home state. A former school board member from Collier County, Florida, she now runs a local network of charter schools—you’re more likely to have heard of her congressman husband, a Black archconservative who has been touted as a potential Trump running mate in 2024. Trump’s praise of Donalds was even more striking given that she was, until recently, a golden child of one of Trump’s Republican opponents. Over the last decade, Florida Gov. Ron DeSantis helped position Erika Donalds as an educational power player in the state, elevating her work and appointing her to key committees. In return, Donalds has had an outsize influence on Florida’s educational policy, says Sue Legg, a retired University of Florida professor of education who has followed Florida’s move toward conservatism in education.

But in recent months, as DeSantis’ political fortunes shifted, Donalds appears to have dropped the governor and instead hitched her star to Trump’s wagon. Legg believes it’s possible that Donalds may be on the list of possible Trump picks for the next secretary of education, the role previously filled by charter-school crusader Betsy DeVos. In addition to her school-choice advocacy, DeVos threateneddesegregation efforts, rolled back Obama-era protection for transgender students, and has openly called for the dismantling of the Department of Education. “Betsy DeVos was a disaster,” says Legg. “I think Erika Donalds could be worse.”

A fourth-generation Floridian born in 1980, Donalds grew up middle class in Tampa. Her current passion for education wasn’t on display in her early life; in a 2015 interview with the News-Press, she recalled being a mediocre high school student, buckling down only after she learned she would be thrown off the basketball team if she couldn’t get her grades up. With the help of her churchgoing grandparents, she raised her GPA and narrowly qualified for admission to Florida State University, where she excelled, graduating magna cum laude in 2002 with a degree in accounting. It was at Florida State that she met her husband, Byron, who became a Christian after attending Erika’s evangelical church. The pair got married shortly after graduation and moved to the affluent town of Naples in Southwest Florida’s Collier County. Erika went on to earn a master’s degree in accounting from Florida Atlantic University, then to work her way up in an investment firm, an experience that would later serve her well when she became a charter-school entrepreneur.

In 2013, when the second of Erika and Byron’s three sons was in elementary school, the couple began to question the public school that their children attended. During his speech at this year’s Moms for Liberty summit, Byron Donalds recalled his son struggling with math homework that followed the instructional method endorsed by the federal Common Core education program under Obama, which many conservatives see as an example of federal government overreach. “I remember it like it was yesterday,” said Byron. “He’s sitting at the kitchen table. He’s got tears in his eyes crying. ‘This is how they’re teaching me.’ And I said, ‘Son, I don’t know what they’re teaching you. But I promise you this. In the real world, you get fired over doing math like that.’” The Donaldses promptly pulled their son out of their neighborhood public school and enrolled him in private school.

That experience seems to have made a strong impression on Erika Donalds; she soon began advocating for school choice, an educational policy movement that champions charter schools and private school tuition vouchers as alternatives to public schools. In 2013, she helped found a group called Parents’ Rights of Choice for Kids (Parents ROCK), whose members, foreshadowing the current parents’ rights movement, railed against what they saw as government intrusion into the sacred relationship between parents and children. In a July 2013 Facebook post, the group wrote, “We are fighting so hard for all of these parents, and many more who are still unaware that their parental rights have been snatched away by an overreaching school district, hungry for more money and control.”

There is speculation that Erika Donalds might be Trump’s choice for Secretary of Education. Assuming, that is, that he is not incarcerated.

Bob Shepherd, our blog polymath, reviews the current status and likely future of The Former Guy.

The Next Cuckoo Coup

So, there are two kinds of Trump voters.

First, there are the Trumpanzees, true disciples of the Trump cult, some of whom show up on this blog from time to time to espouse some utterly lunatic notions from the Qanon-o-sphere: Trump won the 2020 election, Joe Biden sits atop a vast criminal empire, Hilary Clinton leads an international pedophile ring, Ukraine is run by Nazis, George Soros funds caravans of rapists and murderers who are overwhelming our borders, and so on. That’s about 60 percent of the Trump base. I say “notions” above, btw, because when a Trumpanzee talks or writes in imitation of the toddler English of the cult’s Glorious Leader, it all comes out in a geyser of crazy conspiracy theories, one after another in rapid succession, sounding very much like some bizarre political catechism from a low-budget Exorcist remake. These Trumpanzee ‘merkins think that Trump stands between them and black and brown people who hate EVERYTHING GOOD–America, Jesus, apple pie, guns. They think that Trump actually is a self-made billionaire and a Christian nationalist and that he gives a damn about them. He doesn’t.

Second, there are the Repugnican doctrinaire pragmatists who have been holding their noses since the escalator ride down to new lows in American politics. These are evangelicals, Libertarians, and other supporters of Reich-wing policies like outlawing abortion, eliminating social services for the poor, regressive taxation, building a wall to keep out immigrants, giving companies the freedom to pollute at will, enabling the assertion of a right to religious bigotry in public fora, banning books from libraries, withdrawal from international treaties and obligations, and so on, who know Trump for what he is–an amoral career criminal and conman, a seditious, dishonest, irreligious, murderous, traitorous, profoundly ignorant and stupid RICO boss who can nonetheless be counted on to sign ANY piece of Reich-wing legislation put in front of him. So, while Trump might not actually be against abortion (he vociferously supported it in the past when he was trying and failing at being a playboy), he will do whatever the Reich-wing wants because he doesn’t care about anything except adulation from his base and, of course, extracting money from Trumpanzees. So, that’s the Hold-Your-Nose-ers, the Trumpeteers, the other 40 percent of the Trumplings.

So, because of the size of the Trumpanzee cult, it appears at present (that is, ever since Ron DeSantis basically threw away his opportunity of a lifetime because he evidently has the political instincts and charm of a rabid coyotes or parasitic wasp larvae) that no one has any chance of winning the 2024 Repugnican Presidential nomination EXCEPT Trump, so most of the Nose-holder Trumplings now have two choices: they can hope against hope that The Loser will pull off another 2016 victory-by-a-hair-on-the-end-of-an-Adderall-covered-orange-schnoz OR that he will be convicted and sent to prison before the election so that someone else can run in his stead.

Meanwhile, the Orange One has been using increasingly martial rhetoric (against judges and prosecutors, no less!). Having lost the defamation case brought against him by E. Jean Carroll and having been determined in that case by a jury and judge to have committed rape, he now has been indicted on 78 felony charges, with many more in the pipeline. His choices are limited. Trump can liquidate his assets and board the Trump plane to Russia to stay under the wing of his dying handler, the kleptocratic state Mafia boss, defenestrater of dissidents, and now indicted international war criminal Tsar Vladimir Putin, or he can whip up his base to carry out an actual Civil War. We know, now, that Trump was furious that he was not allowed by his own Secret Service to go with the mob to the Capitol and fulfill his fantasy of being an actual martial leader. And we’ve known for a long, long time that he is a delusional madman. Perhaps, in extremis, he is actually starting to believe that there can be a coup, an insurrection, that can bring him to power. For even he, crazy as he is, knows that HE CANNOT WIN IN 2024. He has lost and lost and lost in the past, and he has even less support now. He wishes he could win. Then he could pardon himself and crawl back under the protection of presidential immunity. But he can’t.

So, how does this play out?

I suspect that the more moderate right-wingers, KNOWING that he will lose in 2024, are working behind the scenes right now to make sure that he is convicted of high crimes and misdemeanors before the election and thus made ineligible for the presidency. It wouldn’t surprise me at all if some wealthy Repugnican donors are, even as you read this, calling up disaffected members of the former Trump team (which would be almost all of them, lol) and saying, “Let’s get this guy out of the way so we can win; cooperate with the investigations.”

Meanwhile, ex-cadet Bone Spurs is at Mar-a-lago or Bedminster fantasizing about leading a Civil War against Jack and Tanya and Alvin and Fani and the Marxists and about millions of members of the Trumpanzee Citizens’ Militia turning out to make him Glorious Leader for Life–January 6th having been a dress rehearsal, his Beer Hall Putsch, prior to the main event.

Here’s the thing: It ain’t gonna happen. The Trumpanzees have seen what happens when they actually put themselves on the line for him: he doesn’t join them, and he doesn’t save them. They go down. He goes to lunch and golf.

“I’ll call it a day,” the con man did say,
“I’m still president anyway.”
Then he farted and stood
and called it all good,
and went to his golf course to play.

What if he gave a coup and it didn’t happen?

I guess we would then have people debating whether he should be charged and prosected and sent to prison for THAT.

Two conservative law professors, experts in constitutional law, maintain in a law review article that Trump is barred from running for president again because he participated in an insurrection. The article created a media sensation.

William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas in Minneapolis, both members of the Federalist Society, wrote an article in the University of Pennsylvania Law Review in which they maintain that Trump violated Section Three of the Fourteenth Amendment by engaging in an effort to overthrow the Constitution.

The New York Times wrote:

Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning.

The professors — William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas — studied the question for more than a year and detailed their findings in a long articleto be published next year in The University of Pennsylvania Law Review.

“When we started out, neither of us was sure what the answer was,” Professor Baude said. “People were talking about this provision of the Constitution. We thought: ‘We’re constitutional scholars, and this is an important constitutional question. We ought to figure out what’s really going on here.’ And the more we dug into it, the more we realized that we had something to add.”

He summarized the article’s conclusion: “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”

Section Three of the Fourteenth Amendment says:

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.

Six unindicted co-conspirators were listed in Jack Smith’s federal indictment of Trump. One of them, according to the media, is Trump campaign lawyer Kenneth Cheseboro. In one of his memos to the Trump team, Chesebro cited his former Harvard law professor Laurence Tribe. Tribe was outraged, and he wrote this article to show how Cheseboro had distorted his words.

Tribe wrote in Just Security:

Special Counsel Jack Smith has concludedthat he can prove that several private lawyers acted as co-conspirators in former President Donald Trump’s criminal effort to overturn the legitimate results of the 2020 presidential election. That conclusion, which is backed up by an enormous body of evidence, has significant implications for American democracy as well as for what it says about members of the legal profession. In the wake of this historic indictment, it is important for those of us with more information to come forward.

I am personally familiar with an aspect of the indictment’s documentary evidence that may shed light on the actions of one of the attorneys – Kenneth Chesebro — who is identified as Co-Conspirator 5 by the special counsel.

In a civil suit, Judge David Carter called the 2020 election interference scheme “a coup in search of a legal theory.” What I have to offer here can shed light on the anatomy of that fraud. It shows how the attorneys concocted arguments that gave the scheme an air of legitimacy but one that could not withstand public scrutiny. I know this well because a key memorandum drafted by Chesebro — which might otherwise appear relatively innocuous even in how it is discussed in the indictment — laid the foundation for the scheme grounded, in part, on misrepresenting my work. I know this especially well because of my prior communications with Chesebro.

I. Background

According to the indictment, the Trump attorneys participated in a “corrupt plan to subvert the federal government function by stopping Biden electors’ votes from being counted and certified” (para 54). They allegedly helped devise and implement central parts of the conspiracy. Those schemes include an effort to use false slates of electors to obstruct the congressional certification of the election and an effort to get Vice President Mike Pence to use his ceremonial role to interfere with the certification.

The special counsel alleges that Chesebro “assisted in devising and attempting to implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding” (para 8). It is important to note that the indictment alleges that he and other attorneys’ criminal conduct involved knowingly misrepresenting facts (not just misrepresenting the law). For instance, the indictment states that Rudy Giuliani and Chesebro made factual claims they knew to be false to GOP electors in Pennsylvania to induce those electors to swear to certifications that the two attorneys knew to be fraudulent (paras 61-62).

Please open the link to read the rest of this fascinating article.

Inform yourself about the latest federal indictments of former President Donald J. Trump. Do not listen solely to what talking heads on the TV news say about the indictment.

Read it yourself.

When I read it, several points seemed especially noteworthy.

First, all of the incriminating evidence came from Republicans, most of whom were appointed by Trump to advise him as Justice Department officials and White House advisors.

Second, Trump was repeatedly told that he had lost the election. He was told this by a long list of high-level officials appointed by him.

Third, Trump was told repeatedly by state Republican leaders that his claims of voter fraud in specific states such as Georgia, Arizona, Pennsylvania, and Michigan were wrong.

Fourth, no matter how many times Trump was told that there was no election fraud that would change the outcome, he continued to repeat the lies about dead voters, illegal voters, and biased voting machines in speeches and on Twitter. There was never any evidence of voter fraud, but Trump would not stop lying about it.

Fifth, Rudy Giuliani and John Eastman repeatedly told state officials about the scale of voter fraud in their states despite the lack of evidence for their claims.

Sixth, Trump and his co-conspirators devised a scheme to present alternate slates of electors in seven contested states. At first, they told the alternate electors that they would serve only if the courts determined that the results of the elections were illegal.

Seventh, since there were no successful court cases, the Trump strategy changed. He would pressure Mike Pence to recognize the alternate electors or to declare that he was returning the electoral votes to the states to investigate. Trump’s goal was to delay certification of Biden’s victory and to sow doubt about the legitimacy of the election.

Eighth, in the end, Trump’s conspiracy to block the peaceful transition of power was foiled because Pence would not go along with it. I read elsewhere that Pence consulted retired Federal Judge Mike Luttig, a conservative Republican. Luttig told Pence that his role on January 6 was purely ceremonial; he did not have the authority to change the outcome. Despite four years of obsequious loyalty to Trump, Pence stood up to Trump’s relentless pressure.

Lessons:

1. Our country avoided a major Constitutional crisis. If Pence had bowed to Trump, if Biden’s election had been canceled, the nation would have suffered grievously. The consequences would have been dire.

2. Trump knew that he lost the election. Almost all of his closest advisors told him so. But Trump is a sore loser. He refused to accept his loss. He simply ignored the facts and found a pod of true believers who conspired with him to overturn the election without regard to the vote, the Constitution or the good of democracy.

3. Trump and his co-conspirators are evil people who were ready to destroy our democracy rather than ceding power to the Biden administration.

4. I hope Trump is found guilty but I don’t believe he will ever serve a day in prison. He will be pardoned to avoid the spectacle of a former president in prison. However, in my view, the other conspirators are lawyers. They should lose their law licenses and serve time in prison.

Ron DeSantis is campaigning to be more racist, more homophobic, angrier and more violent than Trump. To get to Trump’s right is not an easy matter. DeSantis must work hard to reach the militias, Proud Boys, and KKK element in the GOP. He has to sound like a fascist.

He recently proclaimed while campaigning in New Hampshire that if he is elected, he will “start slitting throats” of federal employees, otherwise known as “the Deep State.” On Day One.

The union representing federal employees thought that was a disgusting proposal.

The knives are out in a seemingly avoidable war between Florida’s Governor and a union representing 760,000 federal employees.

In a pointed statement, the American Federation of Government Employees‘ head said Ron DeSantis had “no place in office” after the Governor’s vow to eliminate members of the federal workforce by violent means.

“We’re going to have all these deep state people, you know we’re going to start slitting throats on day one,” the Governor said in Rye, New Hampshire this week at a BBQ event.

“We’ve seen too often in recent years – from the Oklahoma City bombing in 1995 to the sacking of the Capitol on January 6, 2021 — that violent anti-government rhetoric from politicians has deadly consequences. Any candidate who positions themselves within that shameful tradition has no place in public office,” asserted AFGE National President Everett Kelley Thursday.

“No federal employee should face death threats from anyone, least of all from someone seeking to lead the U.S. government,” Kelley added, calling on DeSantis to “retract his irresponsible statement.”

Ironically, the Granite State promise to slit throats is only one recent time he used the vivid image to make a point about reshaping the federal government to his liking.

During a July 27 interview with Real America’s Voice, DeSantis said he wanted a Defense Secretary who was ready to “slit some throats” and be “very firm, very strong” in imposing their will.