Heather Cox Richardson recalls the days of bipartisan consensus around the goals of liberal democracy, in which government protected the rights of individuals. By today’s MAGA standards, President Dwight D. Eisenhower would be considered a dangerous leftwinger.

She wrote on her blog, “Letters from an American”:

Cas Mudde, a political scientist who specializes in extremism and democracy, observed yesterday on Bluesky that “the fight against the far right is secondary to the fight to strengthen liberal democracy.” That’s a smart observation.

During World War II, when the United States led the defense of democracy against fascism, and after it, when the U.S. stood against communism, members of both major political parties celebrated American liberal democracy. Democratic presidents Franklin Delano Roosevelt and Harry Truman and Republican president Dwight D. Eisenhower made it a point to emphasize the importance of the rule of law and people’s right to choose their government, as well as how much more effectively democracies managed their economies and how much fairer those economies were than those in which authoritarians and their cronies pocketed most of a country’s wealth.

Those mid-twentieth-century presidents helped to construct a “liberal consensus” in which Americans rallied behind a democratic government that regulated business, provided a basic social safety net, promoted infrastructure, and protected civil rights. That government was so widely popular that political scientists in the 1960s posited that politicians should stop trying to court voters by defending its broadly accepted principles. Instead, they should put together coalitions of interest groups that could win elections.

As traditional Republicans and Democrats moved away from a defense of democracy, the power to define the U.S. government fell to a small faction of “Movement Conservatives” who were determined to undermine the liberal consensus. Big-business Republicans who hated regulations and taxes joined with racist former Democrats and patriarchal white evangelicals who wanted to reinforce traditional race and gender hierarchies to insist that the government had grown far too big and was crushing individual Americans.

In their telling, a government that prevented businessmen from abusing their workers, made sure widows and orphans didn’t have to eat from garbage cans, built the interstate highways, and enforced equal rights was destroying the individualism that made America great, and they argued that such a government was a small step from communism. They looked at government protection of equal rights for racial, ethnic, gender, and religious minorities, as well as women, and argued that those protections both cost tax dollars to pay for the bureaucrats who enforced equal rights and undermined a man’s ability to act as he wished in his place of business, in society, and in his home. The government of the liberal consensus was, they claimed, a redistribution of wealth from hardworking taxpayers—usually white and male—to undeserving marginalized Americans.

When voters elected Ronald Reagan in 1980, the Movement Conservatives’ image of the American government became more and more prevalent, although Americans never stopped liking the reality of the post–World War II government that served the needs of ordinary Americans. That image fed forty years of cuts to the post–World War II government, including sweeping cuts to regulations and to taxes on the wealthy and on corporations, always with the argument that a large government was destroying American individualism.

It was this image of government as a behemoth undermining individual Americans that Donald Trump rode to the presidency in 2016 with his promises to “drain the swamp” of Washington, D.C., and it is this image that is leading Trump voters to cheer on billionaires Elon Musk and Vivek Ramaswamy as they vow to cut services on which Americans depend in order to cut regulations and taxes once again for the very wealthy and corporations.

But that image of the American government is not the one on which the nation was founded.

Liberal democracy was the product of a moment in the 1600s in which European thinkers rethought old ideas about human society to emphasize the importance of the individual and his (it was almost always a “him” in those days) rights. Men like John Locke rejected the idea that God had appointed kings and noblemen to rule over subjects by virtue of their family lineage, and began to explore the idea that since government was a social compact to enable men to live together in peace, it should rest not on birth or wealth or religion, all of which were arbitrary, but on natural laws that men could figure out through their own experiences.

The Founders of what would become the United States rested their philosophy on an idea that came from Locke’s observations: that individuals had the right to freedom, or “liberty,” including the right to consent to the government under which they lived. “We hold these truths to be self-evident,” Thomas Jefferson wrote, “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,” and that “to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.”

In the early years of the American nation, defending the rights of individuals meant keeping the government small so that it could not crush a man through taxation or involuntary service to the government or arbitrary restrictions. The Bill of Rights—the first ten amendments to the Constitution—explicitly prohibited the government from engaging in actions that would hamper individual freedom.

But in the middle of the nineteenth century, Republican president Abraham Lincoln began the process of adjusting American liberalism to the conditions of the modern world. While the Founders had focused on protecting individual rights from an overreaching government, Lincoln realized that maintaining the rights of individuals required government action.

To protect individual opportunity, Lincoln argued, the government must work to guarantee that all men—not just rich white men—were equal before the law and had equal access to resources, including education. To keep the rich from taking over the nation, he said, the government must keep the economic playing field between rich and poor level, dramatically expand opportunity, and develop the economy.

Under Lincoln, Republicans reenvisioned liberalism. They reworked the Founders’ initial stand against a strong government, memorialized by the Framers in the Bill of Rights, into an active government designed to protect individuals by guaranteeing equal access to resources and equality before the law for white men and Black men alike. They enlisted the power of the federal government to turn the ideas of the Declaration of Independence into reality.

Under Republican president Theodore Roosevelt, progressives at the turn of the twentieth century would continue this reworking of American liberalism to address the extraordinary concentrations of wealth and power made possible by industrialization. In that era, corrupt industrialists increased their profits by abusing their workers, adulterating milk with formaldehyde and painting candies with lead paint, dumping toxic waste into neighborhoods, and paying legislators to let them do whatever they wished.

Those concerned about the survival of liberal democracy worried that individuals were not actually free when their lives were controlled by the corporations that poisoned their food and water while making it impossible for individuals to get an education or make enough money ever to become independent.

To restore the rights of individuals, progressives of both parties reversed the idea that liberalism required a small government. They insisted that individuals needed a big government to protect them from the excesses and powerful industrialists of the modern world. Under the new governmental system that Theodore Roosevelt pioneered, the government cleaned up the sewage systems and tenements in cities, protected public lands, invested in public health and education, raised taxes, and called for universal health insurance, all to protect the ability of individuals to live freely without being crushed by outside influences.

Reformers sought, as Roosevelt said, to return to “an economic system under which each man shall be guaranteed the opportunity to show the best that there is in him.”

It is that system of government’s protection of the individual in the face of the stresses of the modern world that Franklin Delano Roosevelt, Harry Truman, Dwight Eisenhower, and the presidents who followed them until 1981 embraced. The post–World War II liberal consensus was the American recognition that protecting the rights of individuals in the modern era required not a weak government but a strong one.

When Movement Conservatives convinced followers to redefine “liberal” as an epithet rather than a reflection of the nation’s quest to defend the rights of individuals—which was quite deliberate—they undermined the central principle of the United States of America. In its place, they resurrected the ideology of the world the American Founders rejected, a world in which an impoverished majority suffers under the rule of a powerful few.

John Thompson retired after many years as a teacher in Oklahoma. Although he usually writes about politics, he has recently been writing about what he learned in the classroom.

He wrote:

If we want to prepare our students for the 21stcentury, educators, patrons, and politicians should relearn the lessons of history as to why classroom instruction is only one of the education tools we need to develop. 

After more than two decades of failures, the corporate reform belief that individual teachers can transform public schools has been disproven. But, holistic learning requires a team effort where we bring students out of the school, as well as bringing members of diverse communities into the school. This narrative describes the learning that my young friends and I shared when exploring nature.

The first time I took inner city kids camping and fossil hunting, a couple of minutes into the first lesson I became hooked by my new career. A third grader shouted that she had found a “real live dinosaur nose! It still has blood on it!” 

Sleepy Hollow Camp was the type of progressive institution you would expect from the veterans of the civil rights campaign “Freedom Summer” who helped lead the program. Sleepy Hollow was committed to positive behavioral reinforcement.  We received marvelous professional development for picking up on warning signs before misbehavior escalated, for disengaging when necessary, and for re-engaging kids in a constructive manner. The data from the families’ applications for the program gave us extremely valuable information. Outstanding social workers helped us to interpret the students’ records.  Professional development included cooperative games and culminated in a “ropes course” for building teamwork. 

Sleepy Hollow’s professional development for environmental education was fantastic.  We were provided the hands-on materials about our camp in the Arbuckle Mountains, where “twice this ancient mountain range had been worn away.  But three times it rose from the sea.” We identified plants and animals that flourished “where the American South met the West, and as a result we had as much biodiversity as anywhere in the United States.” 

When teaching such lessons to adolescents, it did not take long for them to recognize them as metaphors for their lives. The children first raised the issue of respecting the diversity of people, as well as biomes. And kids sought the reassurance that people who have been beaten down, like mountain ranges, can rise again. 

After each long day of adventures, an evening campfire was always perfect for celebrating new friendships, reflecting on the day’s discoveries, and contemplating the meaning of life.  

Rashad, one of the teen leaders at camp who was well-known at his middle school for political protests involving Black Nationalism, took charge of the evening talent shows. He excelled at satire, and my lessons often inspired the jokes and dance numbers. In such a setting, the power of children’s moral consciousness in driving the intentionality required for deep learning was clearly illuminated.    

August offered extraordinary meteorite showers as the campfires were dimming.  Walking back to the cabin or the tent, the kids were quiet and contemplative knowing that they were sharing something profound. Those night- time reflections borrowed the language of the Black church.  We were all lying silently in our bunks one night when the cabin’s leader, Tyson, volunteered an account of a family tragedy.  He asked if we knew the story behind the song “Amazing Grace,” and told his cabin mates about the slave trader, John Newton’s, conversion at sea and his becoming an abolitionist.  Tyson then sang for us an incredibly beautiful version of the hymn.

I came to know Richard a bit more intimately after violence broke out after a turtle was killed. Members from another street gang knew how devoted Richard was to wildlife, so they provoked a fight by killing a turtle he had adopted. 

The wiry and high-strung 8th grader began our most intense conversation with a calm account of the death of his grandmother along with six others in a boiler explosion at an Oklahoma City school. Summing up the lessons he learned through mourning, he spoke in a low voice, “I think about things – deep things,” while his eyes darted back and forth, frantically, on high alert for danger.

Richard switched the subject to tales about his days in California living with a rich uncle, an “O.G.” (Old-time Gangsta.) Richard talked about how he would plan ways to invest the family’s wealth to help the underprivileged.  Pumping his fists and striking out for emphasis, Richard repeated again, “I think of things – deep things.”

But everything changed for Richard when his uncle was busted on drug charges and all their money was lost.  He claimed to not being upset by all of that. It brought him closer to real suffering and prompted new ideas for helping the poor.  By this point in our conversation, he exhibited the explosive force of a television evangelist, proclaiming, “I think of things – deep things!”

Back home, his once-powerful uncle still had enemies, and Richard was now more vulnerable and afraid. But that just made him identify more with people who never had power and made him wish he could do good – not just for people, but for all of the earth.  That is why the turtle’s death upset him so much. Again subdued, Richard wrapped up his sermon, “I think of things – deep things.”

Richard’s peers confirmed that his uncle had had money, power, and a reputation, and that I would understand when we returned to the city and saw his family.  It was on the bus ride home that I fully grasped the trauma and fearfulness that dominated Richard’s home life. In those two weeks away, the camp had become a safe zone for him and he grew more and more agitated the closer we got to the inner city.  He sat pensively, practically glued to me for the ride home.  

Richard’s suffering was also apparent to the other students and I was struck by the empathy that they expressed. Even the kids who were the most “down” with the “Crips” — the gang that rivalled his uncle’s “Bloods” — started to treat him with kindness. Something transformative had happened over the course of the two weeks at camp.  

Richard was picked up by his uncle. Someone who had once displayed power and inspired fear was now a broken man and clearly an alcoholic. Richard made a point of introducing me as his friend, and the uncle earnestly voiced appreciation. Though we had just met, the former gang leader grasped my hand and forearm and made it clear that he needed to communicate his deep appreciation for helping his nephew. Like many others, O.G. grieved for the pain he had inflicted upon his family.

This, and countless other poignant conversations, illustrates the challenges faced by children and educators alike in trying to overcome the legacy of poverty. But it also points to solutions. Simply put, there is no substitute for honest and painful discussions with young people about the troubles and transgressions of their past, and often grim and anxious aspects of their present. Long after high-profile tragedies are forgotten by society, trauma endures for many survivors. Despite such stress and tragedy, Richard, his friends, and even his uncle, managed to hold onto their moral core. 

This could be the rock upon which school improvement in the inner city is founded. 

Jan Resseger is a social justice warrior in Ohio who writes deeply researched observations on national and Ohio issues. She reviews here the Trump administration’s plans to roll back the civil rights protections for vulnerable students.

She writes:

It is disgusting that Donald Trump’s election campaign set out to create the myth that the nation’s public schools are widespread settings for “woke” indoctrination. Good educators seek to make all students welcome and engaged. They are not pushing critical race theory to make school kids to feel guilty about our nation’s history, despite that our society has not always lived up to its proclaimed ideals. Neither are teachers and school counselors pushing kids to become gay or transgender. In fact Trump’s plea for reducing “woke” policy covers a more cynical plan to reduce the protection of the civil rights of racial minority and gay, lesbian and transgender students. Racism and homophobia seem to be at the center of both President-elect Trump’s re-election campaign and also the policies prescribed in Project 2025, which many believe has served as the handbook to Donald Trump’s educational priorities.

Education Week‘s Alyson Klein describes the public school policies in Trump’s recent campaign: “For months on the campaign trail, President-elect Donald Trump pledged to take money from school districts that teach critical race theory, champion a version of American history he sees as unpatriotic, or promote supportive policies and instructional practices for transgender students. In fact, Trump said he would sign an executive order on his very first day back in office to that effect. ‘We are going to cut federal funding for any school pushing critical race theory, transgender insanity, and other inappropriate racial, sexual or political content onto the shoulders of our children,’ Trump said at a July campaign event in Minnesota.”

In fact President-elect Trump’s policies go much deeper than merely cleansing the schools of policies he believes offend his supporters. By proposing to eliminate the U.S. Department of Education, to remove some of the civil rights protections for vulnerable students, and to move responsibilities of its Office for Civil Rights to the Department of Justice, the President-elect has proposed turning back our nation’s progress in protecting the educational opportunity and safety of extremely vulnerable groups of children.  Klein explains that Trump’s policies are based on a  false understanding what the Office for Civil Rights does, why its work is important, and how today’s civil rights investigations of schools usually work. The Education Department’s Office for Civil Rights (OCR) receives complaints, processes them, and then works with school districts to reform policy:

“OCR doesn’t just yank money from school districts. Instead, the loss of federal funding is just one—very rare—possible conclusion of a lengthy, detailed process that typically unfolds over the course of years. The office receives complaints from students, staff members, parents, or other community members alleging that a school or district has violated a key civil rights law—commonly Title VI of the Civil rights Act, Title IX of the Education Amendments of 1972, and the Individuals with Disabilities Education Act (IDEA). The department then investigates the claim and decides whether the school has indeed run afoul of the law. If so, the school or district could technically risk losing a portion of federal funding. But school districts seldom see their money revoked. Instead, OCR works to help them comply with civil rights laws… For instance, in 2010, OCR concluded that instruction of English learners in the Los Angeles Unified School District was grossly inadequate, prompting a reimagining of district practice.”

The Leadership Conference on Civil and Human Rights adds: “Project 2025 proposes that the Departments of Education and Justice… should enforce civil rights laws only in the courts, eliminating important administrative tools to address discrimination. The overwhelming majority of complaints of discrimination in schools are handled through administrative enforcement by… (the Department of Education’s) Office for Civil Rights… Without this process, fewer students would see schools and districts change their policies to prevent further discrimination, and fewer schools would have examples of how to comply with the law.” The Leadership Conference also reminds us that Project 2025 has also proposed to eliminate “disparate impact” as a standard.  This means that it wouldn’t constitute a violation if, for example, a school district has engaged in a pattern of disparate school discipline policies for children of different races.

The National Education Policy Center has released a series of short, accessible interviews with academic researchers who explore the history and implications of education proposals in this year’s Trump campaign and Project 2025. Two of these short briefs explore the civil rights issues in Trump’s proposals relating to, first, preventing homophobia at school, and second confronting racism.

In the first, Protections against Sexual Orientation and Gender Identity Discrimination in Schools: The Federal Role, University of Colorado, Boulder professor, Elizabeth Meyer explains the history of the federal government’s role in protecting students’ civil rights around sexual orientation and gender identity: “The Federal Government got officially involved in this issue… in 2010 when the Office for Civil Rights (OCR) issued Title IX guidance… that explicitly included LGBT students as entitled to protection from discrimination. The guidance prohibited forms of bullying and harassment that are ‘gender-based’ or related to ‘stereotypical notions of masculinity and femininity’… The goal has been primarily to address anti-LGBTQ+ violence in schools and ensure sexual and gender minority youth are able to access educational opportunities… Starting in 2017, under the Trump administration that approach changed, as the guidance documents mentioned above were rescinded and official statements were issued refusing to hear complaints about anti-transgender discrimination in schools…  This backslide in legal protections for LGBTQ+ people ended in 2021 whcn President Biden issued his Executive Order…. Yet these protections are currently only symbolic in much of the country, since their implementation is being halted by injunctions affecting students in 26 states.”

Meyer concludes: “The ways the RNC and Project 2025 frame their approach to gender and sexuality diversity goes against what has been well-established in the research literature… Under the (previous) Trump administration, school climate declined for LGBTQ+ youth, and this is likely to recur during a second Trump presidency.”

In the second short civil rights brief, The Elections and Issues Around Racial and Ethnic Diversity, Kevin Lawrence Henry, Jr., an associate professor in the Department of Educational Leadership & Policy Analysis at the University of Wisconsin, Madison, examines the Trump campaign and Project 2025 proposals from the point of view of racial justice: “(F)ederal educational provisions and regulations that are concerned with the enforcement of civil rights protections can positively impact the educational lives of students. For instance, the U.S. Department of Education’s Office for Civil Rights enforces a variety of consent decrees, ranging from ensuring desegregation within school districts, to improving multilingual learner instruction, to addressing racial discrimination in student discipline… (Federal initiatives such as President Obama’s efforts to address discipline disparities that disproportionately impact Black and Latinx students is noteworthy. Federal guidance, interventions, and oversight that address racial inequity attends to institutional and organizational realities that stymie and limit educational opportunity, and in doing so gives meaning to educational equity and the unreached promises of a multiracial democracy.”

Henry continues: “Nevertheless, these initiatives are fragile…. During Donald Trump’s administration, movement away from race-conscious remedies for racism-caused harms intensified. For instance, the Trump administration rescinded Obama-era guidance on the reduction of suspensions and expulsions. Additionally, the Trump administration reduced the federal emphasis on enforcing Title VI protections for English Language Learners… and decreased Office of Civil Rights investigations into systemic discrimination… We need policies that explicitly aim to redress and counteract institutional and structural racism.”

Henry concludes: “Project 2025 and the RNC platform completely abandon a vision of a pluralistic, multicultural democracy. Focused on deregulation and the expansion of privatized education (which has historically been used to evade civil rights efforts and currently reproduces systemic racial inequity), these policy statements would significantly curtail and constrain regulatory civil rights enforcement in K-12 and higher education settings. Moreover, Project 2025 calls for the elimination of Head Start…  (and) calls for rescinding the equity provision within the Individuals with Disabilities Education Act (IDEA), which specially aims to evaluate and address racial disproportionality in special education. Project 2025 calls for the redistribution of Title I funds (over $18 billion) as deregulated block grants to states, and then for the phasing out of these funds.. over a 10-year period… Project 2025 calls for the prosecution of entities committed to diversity, equity, and inclusion (DEI). This would be a fundamental disavowing of educational justice.”

The attack on public education embodied in the President-elect’s education plans is directed at federal policies, programs, and regulations designed to protect the most vulnerable among the roughly 50 million students served by public schools. Trump’s campaign and other politicians, however, have  turned discussion of these complex policies that shape public education across the nation’s 13,318 public school districts into an attack on the public schools themselves and the teachers who work with our students. I believe that teachers’ work with students is not political. The goal is to make students feel authentically welcome so that they are able to learn.

Kids bring who they are to school, and it is responsibility of school staff to make each student feel included.  Schools must also ensure that all students are physically safe, and safe from meanness and bullying. The late Mike Rose, a fine writer and a teacher of future teachers, reflected on what shapes a student’s experience of school: “We need to pay attention to the experience of school.” (Why School?, p. 34)  “I’m especially interested in what opportunity feels like… What is the experience of opportunity? Certainly one feels a sense of possibility, of hope. But it is hope made concrete, specific, hope embedded in tools, or practices, or sequences of things to do—pathways to a goal. And all this takes place with people who interact with you in ways that affirm your hope.” (Why School?, p. 14)

Donald Trump was quick to release a statement about the deadly terrorist attack in New Orleans. He said that the attacker was an immigrant, proving that his anti-immigrant warnings were right. He rushed to judgment.

“When I said that the criminals coming in are far worse than the criminals we have in our country, that statement was constantly refuted by Democrats and the Fake News Media, but it turned out to be true,” Trump posted on Truth Social Wednesday morning. “The crime rate in our country is at a level that nobody has ever seen before.”

But he was wrong. The perpetrator of the attack was born in Beaumont, Texas, and lived in Houston. Apparently he is also a military veteran.

Something went horribly wrong to turn this man into a mass murderer, but he was not an immigrant.

The Houston Chronicle reported:

Records show Jabbar was born in Texas. Misinformation circulated on social media that Jabbar was an immigrant or had crossed the U.S. Mexico border, including from President-elect Donald Trump on his Truth Social account.

“Sham,” as his classmates knew him, graduated from Beaumont’s Central High School in 2001. He was born and raised in Beaumont.

Grant Savoy, who was photographed with Jabbar in the 2001 high school yearbook, said the two took a couple classes together. He didn’t know him very well, as the high school had about 300 students that graduation year, but Savoy described Jabbar as “quiet.”

“He … didn’t seem like this guy I’m hearing about,” Savoy said. “But that was over 20 years ago, so I don’t know what life (has) done to him.”

Jabbar graduated from Georgia State University with a degree in computer information systems, the college confirmed. 

Not an immigrant.

I wish everyone who reads this blog a happy, healthy New Year.

May 2025 be a year in which we feel strong resolve to stand up for our democracy, our values, our families, our communities, ourselves.

Don’t let anyone push you around.

Stand up for what is right.

Be kind to others, especially strangers.

Seek common ground to solve common problems.

Take long walks.

Hug those you love.

Read books.

Visit a museum.

Take care of yourself and others.

Take care of your mind, body, and spirit.

Be good to yourself.

Diane

Former federal prosecutor Joyce Vance explains in plain English the latest court case that Trump lost.

His lawyers appealed a decision awarding E. Jean Carroll $5 million, claiming that the trial judge erred by allowing admission of evidence about previous accusations of sexual assault by other women, as well as the infamous “Access Hollywood” tape.

The U.S. Court of Appeals for the Second Circuit rejected Trump’s appeal.

After I read the post below, I asked a friend who is a lawyer whether Trump could evade accountability by pardoning himself, and she replied, “No, the President can pardon only criminal convictions, and this is a civil conviction.”

Joyce Vance explains:

After an inexplicable delay, the Second Circuit Court of Appeals issued its opinion, affirming the jury verdict in the first of E. Jean Carroll’s two defamation cases to go to trial against Donald Trump (for those of you who followed closely, you’ll recall this was actually “Carroll II,” the second of the cases Carroll filed, but it made it to trial first for reasons discussed here.)

Trump Unleashes on E. Jean Carroll While Attending Defamation Trial

At the start of it’s 79 page opinion, the court recites that “after a nine-day trial, a jury found that plaintiff-appellee E. Jean Carroll was sexually abused by defendant-appellant Donald J. Trump at the Bergdorf Goodman department store in Manhattan in 1996. The jury also found that Mr. Trump defamed her in statements he made in 2022. The jury awarded Ms. Carroll a total of $5 million in compensatory and punitive damages.” 

The Second Circuit’s decision today does not involve the other case, where Carroll was awarded $83.3 million by a second jury. That happened in large part because Trump, after losing the first go-round, was simply incapable of letting it drop and continued to defame Carroll, including in a CNN town hall the day after the $5 million verdict.

The most important part first: The court ruled in Carroll’s favor, finding that Trump failed to show that the trial court committed errors that entitled him to a new trial. This is the final word in the Second Circuit’s view. Trump can ask the full court to rehear the case en banc, which it is unlikely to do. Or, he can petition the Supreme Court for certiorari review. But the Supreme Court doesn’t have to take the case and, in fact, it would be surprising if it did. 

If that topline from the case is enough for you, stop here. But if you want more, I’ve read the entire opinion, and I have some hot takes for you. Yes, it’s a lot of legalese, but I think you’ll find it worth your time. (And if you’re done here, do skip down five paragraphs and read the two starting with “In it’s recitation of the case,” because whether it’s intentional or not, the court has something to say about why E. Jean Carroll didn’t come forward for years.)

Keep in mind that as the court is careful to say, in an appeal like this, it’s required to view the evidence in the light most favorable to the plaintiff—that’s E. Jean Carroll—so the legal assumption the court proceeds with is that her version of the facts is accurate. This is the legal device used in an appeal of this nature: the Court of Appeals is evaluating the verdict and whether it can stand, assuming Carroll’s version of events, which the jury accepted, is true. Even with that in mind, the court’s recitation and evaluation of the evidence is a timely reminder of who the next president of the United States that is worth reviewing, even if you’re already thoroughly disgusted.

This appeal is primarily about whether the trial court erred when it admitted certain types of evidence at trial (see below), and in our legal system, those decisions are committed to the sound discretion of the trial judge and are only reversed if there is an abuse of that discretion. The Court of Appeals put it this way, “We accord ‘great deference’ to a district court, however, in ruling ‘as to the relevancy and unfair prejudice of proffered evidence, mindful that it sees the witnesses, the parties, the jurors, and the attorneys, and is thus in a superior position to evaluate the likely impact of the evidence.’” It is the trial court’s unique opportunity to eyeball the evidence and the witnesses during trial that puts it in the best position to make these calls.

Trump complained that Judge Kaplan improperly admitted certain types of evidence at trial. The Court of Appeals found there was no abuse of discretion and affirmed the verdict and award of damages to E. Jean Carroll.

There is nothing unique or novel in this case beyond the identity of the defendant. There is nothing to take it beyond the realm of the thousands of cases where decisions made by the courts of appeals across the country stand as a final decision every year. This decision should be the end of this case. If the Supreme does decide to take it, that, even in this era, would be a shocking abuse and indication of special treatment for Trump. 

It takes four Justices votes for the Court to agree to hear a case. Of the 7,000-8,000 cert petitions filed each term, the Court typically hears about 80 of them. Fact based questions about whether a trial judge abused their discretion in admitting evidence that demonstrates intent, motive, pattern of behavior, and so forth—evidence that is frequently used in cases—typically doesn’t rise to that level.

In its recitation of the facts of the case, the court seems to grasp something that Donald Trump never did, and that society at large often misses. Trump claimed Carroll made the whole thing up, that she wouldn’t have waited so long to tell the story if it was true. Of course, Carroll did tell two of her closest friends at the time, but she never went to the police. One of her friends had cautioned her: Trump was too powerful; it would end her career. It’s an all too familiar story for women.

Here is the court’s take: “While conducting interviews for a book that she was writing in 2017, the accounts of assaults perpetrated by Harvey Weinstein came to light and received nationwide attention. As a consequence of the many women who came forward to report their experiences of sexual assault, Ms. Carroll finally decided to share more broadly what Mr. Trump had done to her in 1996.” Me too was a watershed moment for so many women. It was for E. Jean Carroll too. In an era where women have faced taunts of “your body, my choice” in the wake of the election, we might want to stay focused on what women have gained—and lost—in recent American history.

In discussing the trial judge’s decision to permit Carroll’s lawyer to put on evidence of other alleged sexual assaults committed by Trump, the Court of Appeals writes, “Rules 413 and 415 permit a jury to consider evidence of a different sexual assault ‘precisely to show that a defendant has a pattern or propensity for committing sexual assault.’” They continue, “Congress ‘considered knowledge that the defendant has committed [sexual assault] on other occasions to be critical in assessing the relative plausibility of sexual assault claims and accurately deciding cases that would otherwise become unresolvable swearing matches.’ … ‘[T]he practical effect of Rule 413 [and Rules 414 and 415] is to create a presumption that evidence of prior sexual assaults is relevant and probative’ in cases based on sexual assault.”

A trial judge has the ability to prevent a jury from hearing evidence of prior sexual assaults if the value of the evidence in proving the plaintiff’s case is outweighed by undue prejudice to the defendant. That doesn’t mean that any prejudice is enough to keep the evidence out—all good evidence offered at trial is prejudicial, in the sense that it helps prove that one of the parties did or said something that they are being sued for. The question is whether there is unfair prejudice.

The court relates the evidence Carroll’s lawyers used at trial and concludes that all of it was properly admitted:

  • Jessica Leeds was assaulted on an airplane by Trump in 1978 or 1979 after he had a flight attendant invite her to come sit with him in first class. Leeds testified, “he was trying to kiss me, he was trying to pull me towards him. He was grabbing my breasts, he was — it’s like he had 40 zillion hands, and it was a tussling match between the two of us. And it was when he started putting his hand up my skirt that that kind of gave me a jolt of strength, and I managed to wiggle out of the seat and I went storming back to my seat in the coach.” Leeds acknowledged the groping and patting women frequently endured in that era, but testified, “when somebody starts to put their hand up your skirt, you know they’re serious and this is not good.”
  • Natasha Stoynoff testified that, in December 2005, she was areporter for People magazine on assignment at Mar-a-Lago to do a story about Trump and Melania’s one-year anniversary and the birth of Barron Trump. Donald Trump took Stoynoff to a room where he said he wanted to show her a painting. She testified, “I hear the door shut behind me. And by the time I turn around, he has his hands on my shoulders and he pushes me against the wall and starts kissing me, holding me against the wall.” Trump was interrupted when his Butler walked in, but he told Stoynoff afterward that they were going to have “an affair” and told her to remember what his second wife, Marla Maples, had said about him, “best sex she has ever had.” 
  • The infamous Access Hollywood tape was played twice for the jury. In the recording, Mr. Trump states that he “moved on” a woman named Nancy “like a bitch” and “did try and fuck her.” The first block below is what Trump says in the tape, as related by the court. The second one is Trump’s deposition testimony about it (the same deposition where he misidentified a photo of Carroll at the time as one of his second wife, Maples):

Here’s what the court has to say about this evidence adding up to show a pattern of sexual assault by Trump: “In each of the three encounters [Leeds, Stoynoff, and Carroll], Mr. Trump engaged in an ordinary conversation with a woman he barely knew, then abruptly lunged at her in a semi-public place and proceeded to kiss and forcefully touch her without her consent. The acts are sufficiently similar to show a pattern or ‘recurring modus operandi.’ … Moreover, the [Access Hollywood] tape was ‘directly corroborative’ of the testimony of Ms. Carroll, Ms. Leeds, and Ms. Stoynoff as to the pattern of behavior each allegedly experienced, and ‘the matter corroborated’ was one of the most ‘significant’ in the case — whether the assault of Ms. Carroll actually occurred.” On the question of undue prejudice, the court concludes, “we also find that the other act evidence was not unfairly prejudicial, as the incidents in question were ‘no more sensational or disturbing’ than the acts that Ms. Carroll alleged Mr. Trump to have committed against her.” The jury was entitled to hear all of this evidence against Trump.

Trump also objects to areas the trial judge didn’t permit his lawyers to go into in front of the jury, including why she never DNA tested her decades-old dress and why she didn’t file a police report. Using the same standard, the Court of Appeals concluded the trial judge did not abuse his discretion when he excluded this evidence.

So there you have it. The next president of the United States of America. A timely reminder.

As I’m writing this, the opinion is still only available on Pacer, the U.S. Court’s ridiculously expensive documents system. Unfortunately, that means I can’t link to it now, but I’ll update as soon as it’s available publicly. Taxpayers fund the courts, and they are well-funded. There is no reason the document system shouldn’t be available free of charge to everyone—open courts, and all that.

We’re in this together,

Joyce

Scott Maxwell is an opinion writer for The Orlando Sentinel. I consistently enjoy his writings. Here he explains what he believes. I agree with him, although I am not a Presbyterian.

He writes:

Every new year, I follow a tradition started by former Orlando Sentinel columnist Charley Reese who believed that, if a newspaper columnist is going to tell you what he thinks all year long, he should first tell you who he is and where he stands.

I am a married father with two grown kids, both of whom picked up their best attributes from their mother.

I’m not a Republican nor a Democrat. I’m a lifelong unaffiliated voter who has seen too many people defend indefensible deed-doers simply because they share a party affiliation.

That said, I lean left of center. I believe in public education, free speech, equal rights, balanced budgets and the U.S. Constitution.

I believe most of the politicians who lead this state and claim to be constitutionalists are full of it. We have the court rulings to prove it.

I believe censorship is favored by those with weak minds. If you crave government censorship, you’re an authoritarian’s dream disciple.

I think the world has two kinds of people: Those who hear an idea and immediately think: How will this affect me? And those who hear a new idea and also wonder: How will this affect society? I have a lot more respect for the latter.

One of my favorite quotes involves the definition of privilege — when something doesn’t strike you as a problem because it’s not a problem to you. I believe that explains why families with disabilities are on seven-year-waiting lists for basic services in this state.

Another one of my favorite quotes is: Fifty percent of the enjoyment you get from a vacation comes from the anticipation beforehand. My wife and I always have several vacations planned.

We love our children. I’d throw myself in front of a bus for either one. That said, now that they’re both grown, I’m glad that any buses they might take nowadays will drop them off at their own respective homes. My wife and I have fully embraced being empty-nesters.

Our daughter works with children in the arts. Our son writes and also substitute teaches. Both of our kids are good with kids. We take great pride in that.

I believe teachers are underappreciated. So are social workers, public defenders and full-time caregivers.

I believe arts and culture are an essential part of any community. So are nonprofit organizations. If cultural groups are the heart of a community, nonprofits represent the backbone.

My wife and I have two main sources of income — my salary at the newspaper and hers with the Department of Veterans Affairs. We’ve worked at both jobs for the past quarter century. Her job is a lot more stable.

We both read voraciously. She reads books — at least two a week. I read lengthy court rulings, drafted legislation and just about every piece of current-event info published about Florida.

We also diverge a bit when it comes to film. She likes Hallmark movies where a busy, big-city boss lady stumbles into a small town and discovers love on a Christmas tree farm. I like ridiculous, scary movies where the big-city boss lady stumbles into giant insects that have mutated in size thanks to toxic sludge dumped in that small town’s water reservoir.

My wife says her book and movie tastes are more normal. She’s usually right. About most things in life.

We own two houses — the one in which we live near downtown Orlando and our starter home that we still own and rent out in Seminole County.

I don’t have or accept any other streams of income. Mainly because I try to avoid financial conflicts of interest. But also because I find my one job pretty exhausting.

I start most days by 4 a.m. and work 60 to 80 hours a week, partly because our newsroom has only a fraction of the journalists and editors it used to have.

This newspaper business has changed a lot, in many ways for the worse when it comes to staffing and customer service. But I still believe in the mission and am honored to work alongside feisty, smart and curious  journalists who aren’t easily intimidated, virtually all of whom are still in local journalism because they care about this community.

I’m also honored to work for a paper with editors and publishers who have never — ever — told me what I can or can’t write.

I welcome dissenting opinions. In fact, I seek them out. When I’m writing a column, I usually spend as much time looking up arguments against my premise as I do ones that support it. I’d much rather hear the best arguments before I publish a piece.

I don’t worship any politician and am a bit puzzled by those who do. I’ve yet to meet one who was flawless. I respect elected officials who truly study the issues, question what they’re told and are willing to challenge the status quo.

I believe in checks and balances and that one-party control is a recipe for both extremism and corruption.

I’m a Presbyterian and church elder, a die-hard Tar Heel, a decent poker player, solid Worldler and much less-solid pickleball player.

I love laughter and plot twists and loathe bigotry and standing in lines.

I think Tesla Cybertrucks look ridiculous.

I feel privileged to have this job and honored to know so many of you read and share your own stories with me.

I hope you all have a happy, healthy new year.

smaxwell@orlandosentinel.com

Trump created an advisory group called the “Department of Government Efficiency,” led by Elon Musk and Vivek Ramaswamy. It is an advisory commission, not a “department.” It has no official mandate. Musk claims it will cut the federal budget by $2 trillion, though he hasn’t said whether that’s a cut in by the annual budget or a cut over years.

Musk has billions in federal contracts, so his participation in this exercise raises questions about his conflicts of interest and whether he will injure his competitors.

Three ethics experts wrote an article for MSNBC about the conflicted role that Musk has. They are: Virginia Canter, chief anticorruption counsel, State Democracy Defenders Fund, Richard W. Painter, MSNBC Columnist and Gabe Lezra, policy director for State Democracy Defenders Fund.

The so-called “Department of Government Efficiency” is officially a mere advisory commission. But DOGE is nevertheless poised to help restructure the federal government and perhaps upend decades of regulation of everything from vehicle safety to space exploration. Co-chair Elon Musk is one of the most politically powerful private citizens in the country, as evidenced by his role in the recent budget crisis in Washington. Through his wealth and his ownership of X, he has enormous influence over President-elect Donald Trump, lawmakers in Congress and the national narrative.

Musk’s clout and his role as DOGE co-chair are even more significant given the billions of dollars in federal contracts held by his various companies and the array of federal agencies that regulate those companies. Americans are entitled to know about his communications and activities with the federal government before he and Trump go about overhauling it. That’s why our organization, the State Democracy Defenders Fund, has begun our inquiry into DOGE by filing Freedom of Information Act requests across the federal government.

As leaders of a federal advisory committee, Musk and his co-chair, Vivek Ramaswamy, plan to serve as “outside volunteers, not federal officials or employees. As such, they will not be bound by conflict-of-interest law binding federal employees. But the Federal Advisory Committee Act of 1972 says that such groups must operate with transparency and allow public participation. Our inquiry about Musk’s interests before the federal government is part of the transparency that is required for DOGE to instill public confidence rather than sow distrust.

In announcing the creation of DOGE, Trump wrote that the commission would pave the way for his administration to “dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies.” Musk’s companies receive billions of dollars in government contracts. DOGE’s broad mandatecould give Musk vast sway over the very same agencies that administer those contracts, as well as agencies investigating his companies.

The scope of the potential problem we are facing is immense. Musk’s companies have been the subject of more than a dozen federal investigationsor reviews with various agencies, including the Federal Aviation Administration, the U.S. Fish and Wildlife Service and the National Park Service, the National Labor Relations Boardthe Securities and Exchange Commission, the National Highway and Traffic Safety Administration, the Federal Communications Commission and the Federal Trade Commissionamong others.

Most recently, Musk reportedly failed to secure from the Air Force “high-level security access” due to “potential security risks,” and he and SpaceX reportedly “triggered” at least three federal reviews for noncompliance with federal reporting protocols in place to ensure the protection of state secrets. Accordingly, we’ve sent our requests for records to all of these agencies — and the agencies with which he or his companies appear to have (or have had) contracts, including NASA, the U.S. Space Force, the Department of Defense, the Air Force and the National Oceanic and Atmospheric Administration.

The possible conflicts of interest are too many to enumerate. The “de facto monopoly” that Musk’s aerospace company SpaceX has on rocket launches should raise flags at the Federal Trade Commission — an agency that is already in Musk’s crosshairs. Even minor changes in an agency’s enforcement priorities or procurement policies could cost — or make — Musk tens or even hundreds of millions of dollars. And given the sheer array of Musk-owned companies, decisions affecting competitors are almost inevitable. Earlier this month, Ramaswamy said that DOGE is already looking at a Department of Energy loan to one of Tesla’s rivals, Rivian Automotive.

The mere appearance of conflict in government can quickly undermine the public’s confidence in its government.

series of press reports indicate that Musk and Ramaswamy have already begun work on DOGE: They’ve been meeting with government officials, developing DOGE’s priorities and targets, and recruiting other technology executives to join the department. They’ve even launched a podcast. Musk has solicited applications on X (formerly Twitter) to join DOGE, with applicants expected to put in 80-hour weeks doing “tedious work…& compensation is zero.”

That is why we are beginning our investigation now, a month before the beginning of the new Trump administration. Presidential transitions have extensive contacts with the agencies the new administration will be taking over. If Musk, Ramaswamy or their agents are beginning to work on projects that could benefit them, the public must know.

The mere appearance of conflict in government can quickly undermine the public’s confidence in its government. Absent strong ethics controls and adequate oversight mechanisms, Musk’s participation in regulatory and other executive policy decisions could lead Americans to question whether his recommendations are truly in their interest — or in his financial interest.

If DOGE’s work has indeed begun, transparency must begin as well. Its leaders’ and agents’ communications with federal agencies are obviously in the public interest. They offer the first glimpse into how Musk and Ramaswamy may use DOGE to attempt to restructure the government — and the extent to which those plans may benefit DOGE’s leaders. Without these records, the public will remain in the dark as Musk and Ramaswamy begin this project, and will therefore not be able to assess whether DOGE will serve the nation — or the interests of a privileged few.

What a great story!

Michael Burry, a woodworking teacher at a private trade school in Boston, had the thrill of working on the restoration of Notre Dame. The Roth Bennett Street School was founded in 1881 to teach immigrants the skills they needed to get gainful employment. Today, it operates as a school to teach hand crafts like violin making, bookbinding, and furniture making.

How did an American earn the great privilege of working on the restoration of Notre Dame? Read on.

Michael Burrey, a teacher at North Bennet Street School, recently worked on the restoration of Notre Dame in Paris. DAVID L. RYAN/GLOBE STAFF

Billy Baker of The Boston Globe reported:

In 2019, as Notre Dame Cathedral in Paris was burning, Michael Burrey was 3,000 miles away, in the North End of Boston, watching the television coverage with his students and asking himself a question: What can we do to help?

It’s a thought many people had. Ultimately, hundreds of thousands of individual donors would contribute toward the cathedral’s reconstruction. But Burrey was in a unique position — he’s an expert in medieval carpentry who spent 11 years as an interpretive artisan at what was formerly called Plimoth Plantation, and he is currently a teacher at the North Bennet Street School, one of the country’s leading traditional trade schools.

The spire of the Notre Dame Cathedral collapsed as the landmark was engulfed in flames in central Paris on April 15, 2019.AFP VIA GETTY IMAGES

Soon Burrey would begin a journey that would end with him becoming one of just a handful of American artisans to work on the French team that completed a stunning reconstruction of one of the world’s great cultural artifacts.

“It’s the pinnacle of my career,” Burrey said recently, following the grand reopening of the cathedral on Dec. 8. “I have such great appreciation for being able to be a part of the group effort that demonstrated that the traditional trades that built Notre Dame 800 years ago are still here, still viable and teachable and learnable for people today.”

His work on the project was made possible by Handshouse Studio, a nonprofit based in Norwell that focuses on building large historical objects as educational projects. In the past, the studio has recreated a Revolutionary War-era wooden submarine as well as a 17th century Polish synagogue.

Burrey has been collaborating with Handshouse for a quarter century, and they, too, were looking for ways to help Notre Dame. Thus, the Handshouse Studio Notre Dame Project was born.

The first thing they did, both as an educational exercise and out of a show of solidarity with the French, was build a full-scale model of one of the wooden trusses that supported the roof of Notre Dame. These were the hidden structures inside the massive cathedral where the devastating fire started.

Burrey brought a team of students from his restoration carpentry class at North Bennet Street to Washington, D.C., in 2021. For two weeks they worked with skilled traditional craftsmen from the Timber Framers Guild to build the massive wooden structure, known as Choir Truss #6, working all the way from white oak logs hewed with broad axes to the finished product.

“It was a way for us to say that building something as it was originally made is not only possible but also important,” said Marie Brown, executive director of Handshouse Studios. The original hope, she said, was that they might donate the truss to the French for inclusion in the cathedral. But something else happened, something even cooler.

The build was so successful that the two architects overseeing the reconstruction of Notre Dame, Rémi Fromont and Philippe Villeneuve, traveled to the United States to see the structure. As a result, they invited two American timber framers to join the reconstruction team in France. One invitation went to Michael Burrey. The other went to Jackson Dubois, a Washington state man who is president of the Timber Framers Guild.

For three months in the summer of 2023, Burrey and Dubois joined 18 carpenters from a French company called Asselin working on the wooden components of the Notre Dame spire. They operated out of the medieval town of Thouars in western France, about three hours from Paris, and Burrey worked on the decorative elements of the spire — the quatrefoils, trefoils, railings, and dormers. There were language barriers, Burrey said, but the one thing they had in common was that they all spoke carpentry.

“[Burrey] called me a couple times from France and was telling me about what he was working on, where he was sitting, what he was seeing in this medieval town,” said Claire Fruitman, the provost and interim president of North Bennet Street School.

Burrey (third from left) joined French carpenters for a picture. The French carpenters built the quatrefoils for the nave of Notre Dame cathedral. MICHAEL BURREY

“No one ever wants any sort of heritage to have something go wrong,” she added. “But when it does it’s amazing to say we have people who can fix it and bring it back to life, and the lessons he learned over there are things he’s brought back into the classroom for the next generation of preservationists.”

Burrey, who lives in Plymouth, was not the only local craftsperson to work on the project. Hank Silver, who owns Ironwood Timberworks in Hatfield, worked as lead carpenter for the nave, the central, large space of the cathedral that accommodates the congregation during religious services. Silver declined an interview request, but told Elle Décor that “for someone like me, being able to work on this building, which is the birthplace of this technique, is particularly meaningful. When I look at Notre Dame, I will be able to say, ‘I built that.’”

Burrey, meanwhile, has not been to the cathedral since it reopened, but he said he has marveled at the photos of the completed work.

“There’s nothing but a smile on my face, and a feeling of deep appreciation for being part of a group effort, when I think of everybody coming together to get things back the way they should be,” he said.

In President Joe Biden’s tribute to President Jimmy Carter, there is an implicit contrast with the man who will be inaugurated as the 47th President of the United States. Just take every self-evident statement about Carter’s integrity, honor, and humanity, and flip it to its opposite extreme. You will have a portrait of 47: a man who never donned the uniform of his country; a man who never did an unselfish act for anyone else; a man whose business career was noted for bankruptcies, thousands of lawsuits, and unpaid bills; a man known for serial lies; a man who has been married three times and cheated on all his wives. A man whose name is synonymous with lying, cheating, greed, and selfishness.

Now, read about the other extreme: a man who devoted his life to his country and service to others. President Jimmy Carter. A man who had a lifelong devotion to his wife. A man who sent his only child Amy to public schools in D.C. when he was President.

President Biden released this statement:

Today, America and the world lost an extraordinary leader, statesman, and humanitarian.


Over six decades, we had the honor of calling Jimmy Carter a dear friend. But, what’s extraordinary about Jimmy Carter, though, is that millions of people throughout America and the world who never met him thought of him as a dear friend as well.


With his compassion and moral clarity, he worked to eradicate disease, forge peace, advance civil rights and human rights, promote free and fair elections, house the homeless, and always advocate for the least among us. He saved, lifted, and changed the lives of people all across the globe.


He was a man of great character and courage, hope and optimism. We will always cherish seeing him and Rosalynn together. The love shared between Jimmy and Rosalynn Carter is the definition of partnership and their humble leadership is the definition of patriotism.


We will miss them both dearly, but take solace knowing they are reunited once again and will remain forever in our hearts.


To the entire Carter family, we send our gratitude for sharing them with America and the world. To their staff – from the earliest days to the final ones – we have no doubt that you will continue to do the good works that carry on their legacy.


And to all of the young people in this nation and for anyone in search of what it means to live a life of purpose and meaning – the good life – study Jimmy Carter, a man of principle, faith, and humility. He showed that we are great nation because we are a good people – decent and honorable, courageous and compassionate, humble and strong (love this line).


To honor a great American, I will be ordering an official state funeral to be held in Washington D.C. for James Earl Carter, Jr., 39th President of the United States, 76th Governor of Georgia, Lieutenant of the United States Navy, graduate of the United States Naval Academy, and favorite son of Plains, Georgia, who gave his full life in service to God and country.