The United Federation of Teachers worked closely with NYC Mayor Eric Adams to persuade municipal union workers to give up Medicare and accept enrollment in a for-profit Medicare Advantage plan.

Many municipal retirees opposed the changeover. Unhappy retired municipal workers formed an organization which they called the NYC Organization of Public Service Retirees. They concluded that the quality of their healthcare would decline if they accepted enrollment in a Medicare Advantage plan. MA might not accept their preferred doctors, and they would run the risk of being denied permission for treatment that their own doctor recommended. The retirees fought the city and their unions to block the switch to MA. They won in the state courts, and they won control of the retirees’ sector of the UFT.

Following the retirees’ victory in the courts and in the union elections, Michael Mulgrew announced that he would no longer support MA. Now the retirees are asking for the active help of the UFT.

Arthur Goldstein, retired high school teacher, wrote the following open letter to Michael Mulgrew, president of the UFT.

He wrote:

Dear President Mulgrew:

As you know, we’ve been fighting for years to preserve our health care. The recent Retired Teacher Chapter election showed a healthy majority of our members want to continue with our current premium and co-pay free Medicare/Medigap plan. We were all encouraged that you dropped your support of the Medicare Advantage plan into which the city wishes to place us.

That said, we are still in trouble. As you know, Mayor Adams is fighting for the MA program, and appealing our recent victories to the NY State Court of Appeals. As you are no doubt aware, they are the highest court in the state and have the power to overturn our thus-far unbroken string of victories. 

There are two ways we can prevail. One would be to win in court. Since UFT now opposes this plan, we need an Amicus brief from UFT. That’s quite important. If you oppose this plan, you need to demonstrate this to the court, and show that UFT is a force to be reckoned with. Mayor Eric Adams is, in fact, our contractual adversary, and we need to treat him as such.

This, of course, is not our only court battle. Mayor Adams also wants us to pay co-pays with our Medigap plan. That is unprecedented, and co-pays have a way of increasing endlessly. We need to halt this now. 

I heard you say at a meeting that co-pays were intended only as a temporary stopgap measure. Given your statements about how the city is interested only in saving money at our expense, I think it’s fair to assume we can no longer trust the city to make any such measures temporary. Therefore, UFT needs to file an Amicus brief in our battle against additional expenses for retirees on fixed incomes. As you know, many of our retired brothers and sisters in DC37 are just getting by as is.

In 2016, MLC effectively suppressed the HIP rate, via so-called HIP/HMO Preferred. This resulted in additional costs for 40% of enrolled city employees. Obviously, it’s an error to tie this to the base rate, because I’m sure you want our members, and all city workers, compensated at the highest rate possible. This needs to be corrected, and we need your support to do so. I’m sure you don’t want retired UFT paraprofessionals paying co-pays, higher deductibles, and/or premiums. We will need UFT support in the upcoming Campion case so as to preclude this.

Our other avenue of protection is via the legislature. As you know, there are bills, set to be reintroduced, both in the city and state protecting Medicare and Medigap for retirees. Union support could make the key difference, particularly in the state. I’m told the state bill would have passed but for “union opposition.” I don’t know who in the union opposes this, but the recent RTC election shows our retirees overwhelmingly support it. In fact, I’d argue the overwhelming majority of city retirees do as well.

This brings me to my final point. Since unions, for whatever reason, have not been in the habit of protecting our current health care, the group NYC Retirees was formed. This group, entirely on donations, has been protecting us in court for years. The recent election demonstrates that UFT retirees support the goals of this group.

Therefore, it’s high time the UFT, perhaps through COPE, made a sizable donation. This is clearly the will of our chapter, and it’s time we honored that will with something more than words. 

Sincerely

Arthur Goldstein, Vice Chair RTC

President Biden has been a great President. He has been an amazingly effective President, passing crucial legislation that helped ordinary Americans even though he has only a razor-thin margin in the Senate and none in the House. I have supported him vigorously, believing that he would do what was best for the country. I took offense at the media pile-on against him, even though I was stunned by his frail appearance and appalling performance at the June debate.

But, Politico reports, Democratic Party leaders have decided he can’t win and have coalesced to persuade him to step aside. What happens next is anyone’s guess, but it seems unlikely that Biden can continue when those who know him best withdraw their support.

Politico reports:

For weeks, the Democratic Party has been paralyzed by uncertainty about whether President JOE BIDEN should stay atop the ticket or step aside. But over the last 24 hours, that uncertainty has given way to a growing clarity about the reality facing the president: The walls are closing in, and his position leading the Democratic ticket appears increasingly unsustainable.

The president’s reelection bid has now lost the confidence of Congress’ senior-most Democratic leaders, as well of party elders around the country.

Yesterday alone …

  • ABC News’ Jon Karl scooped on World News Tonight that Senate Majority Leader CHUCK SCHUMER and House Minority Leader HAKEEM JEFFRIEStold Biden in person that he should end his reelection campaign for the good of the country.
  • CNN’s MJ Lee, Jamie Gangel and Jeff Zeleny reported that former Speaker NANCY PELOSI told the president that he can’t win and is dragging down the party, jeopardizing potential majorities in Congress. (More on this below) 
  • Rep. ADAM SCHIFF (D-Calif.), Pelosi’s longtime protégé, became the latest Hill Democrat to publicly call on Biden to step aside, arguing that he has “serious concerns about whether the President can defeat DONALD TRUMP,” and that it’s “time for him to pass the torch.”
  • Biden’s confidant and campaign adviser JEFFREY KATZENBERG confronted the president about new financial woes, telling him that big donors — skeptical that he can win — have all but stopped writing checks, Semafor’s Liz Hoffman and Ben Smith scooped.
  • Senior Democrats started privately circulating jarring numbers from Blue Rose Research, which found that “just 18 percent of voters and only 36 percent of people who voted for Mr. Biden in 2020 believe he is mentally fit and up to the job of being president,” according to the NYT. Other super PAC polling shows “Biden’s deficit growing to 5 percentage points or more in the must-win states of Pennsylvania, Michigan and Wisconsin.”
  • And DNC officials were pressured by their own party into pushing back a virtual roll call nominating Biden after an attempt to move it up was seen as a way of assuring Biden could run out the clock on the Dump Biden crowd.
Rep. Nancy Pelosi speaks with reporters.

Former House Speaker Nancy Pelosi has coordinated with senior Democrats to try to push Biden out. | Francis Chung/POLITICO

This flurry of stories yesterday is no accident. Senior Democrats had hoped to address this matter privately — Pelosi herself certainly advised members to try to do so, at least for a time.

But Biden and his inner circle have refused to listen. So now, Democrats are leaking tidbits of private conversations with the president himself, using the news media as a microphone to send a message: We’re no longer with you — and we will force you off the ticket, if needed. 

“The speaker does not want to call on him to resign [as the Democratic nominee], but she will do everything in her power to make sure it happens,” one Pelosi ally we spoke with said.

The developments underscore a new, more public phase of the Dump Biden movement. It’s also an astonishing turn of events that puts Biden’s presidential bid on life support: With Democratic leaders like Pelosi, Schumer and Jeffries against him, how can he possibly continue?

Open the link to read more.

My Twitter name is @DianeRavitch. I have about 146,000 followers. My account is instantly recognizable because it has my photo and a few symbolic emojis.

In late 2022, someone created a Twitter account called @Ravitch_Diane. It has no emojis, no photo and 81 followers.

The fake account has now taken control of my Twitter account. Anything I post goes to the fake Twitter account.

I tried to fill out the form to complain about the impersonation, sent my ID and photo, got verified, but failed to submit because the last instruction said, “Open your email account” before submitting. Each time I followed instructions but was unable to submit. The last hurdle made no sense.

Meanwhile I went to the fake account and saw that it was registered to an unfamiliar email. I couldn’t delete it or change it but I could change my birthdate and the handle. My birthdate is July 1, 1938. I changed it to another year, I forget which, but probably 2012. I was immediately locked out of Twitter because I’m too young! (Oh, to be 12 again!)

Not only was the fake account locked but so was my genuine account. This demonstrates that the two were interlocked. The hacker and I.

This is not the biggest problem in the world these days, but I would be grateful for your help.

Please contact X and ask them to ban the hacker, eliminate the fake account, and restore my real account.

When I changed the handle on the fake account, I made it now @goToMyRealAcct

I am now completely locked out and you alone can save me!

Needless to say, there is no customer service to whom one may speak. Like, a human being.

In a short period of time, friends of public schools in Nebraska collected enough signatures to get on the November ballot. That is, if a hostile state official doesn’t kick off enough names to render their petition invalid, as happened in Arkansas. Voucher pushers are terrified of referenda; vouchers always lose—by big margins.

Public school supporters surpass signature goal to put repeal of LB1402 voucher scheme on the November ballot


LINCOLN – They had only 67 days – the shortest timeline for a petition drive in the state’s history – and Nebraska public school supporters rose to the occasion, again.


The Support Our Schools Nebraska coalition needed to collect 61,621 signatures to let voters repeal or retain a bill that spends millions of public tax dollars to pay for private schools. Today, the coalition submitted more than 86,000
signatures to the Nebraska Secretary of State to ensure the issue will appear on the November ballot. The group also exceeded the 38-county requirement with 5% of voters signing the petition in more than 60 of the state’s 93 counties.


“Since last summer we’ve collected more than 200,000 signatures from Nebraskans who believe voters should decide whether public funds should be used to pay for private schools,” said Jenni Benson, Support Our Schools Nebraska
sponsor and president of the Nebraska State Education Association. “The incredibly short timeline was a huge challenge, but Nebraskans wanted to sign this petition – many were appalled that LB1402 was passed to block citizens from voting on the issue and to impose a costly new voucher scheme on taxpayers.”

This is the second time Support Our Schools Nebraska has collected enough signatures to ensure voters have a say on a legislative bill that diverts public tax dollars to pay for private schools.


Last summer, the group gathered 117,415 signatures in 85 days to put the repeal of a previous voucher bill, LB753, on
the November 2024 ballot. Even after the Secretary of State certified that the LB753 petition met all statutory and
constitutional requirements to put the issue on the ballot for voters to decide, the bill’s sponsor, Sen. Lou Ann Linehan tried to have the Secretary of State take it off the ballot. When her attempt failed, she introduced LB1402, a bill that
denied Nebraskans their right to vote on LB753’s voucher scheme while imposing a new costly voucher plan on Nebraska taxpayers.


“Despite attempts by a few politicians and some wealthy special interests to ignore the will of the people, Nebraskans have once again affirmed their support for public schools. This direct democracy effort is a testament to the resolve of
the people of Nebraska and highlights the immense importance of public schools in our communities,” said Brad Christian-Sallis, Director of Power Building, Nebraska Table.


“Our Nebraska neighbors have made two things very clear: they expect that the state of Nebraska will make responsible investments with their tax dollars, and they love their public schools. That’s why they have turned out once again to have the chance to vote to repeal this legislation in November,” said Dr. Rebecca Firestone, Executive Director of OpenSky Policy Institute. “They have seen costs for similar programs balloon across the nation, like in Iowa, where the
cost of the program is expected to triple, reaching $345 million in just two years, or Arizona, where the cost of its universal voucher program has exceeded budget projections by 1,346%.”


“The underestimated anger among voters about being denied their earlier chance to vote is palpable. I heard this sentiment frequently, often unsolicited, as voters lined up to sign the petition,” said Cynthia Peterson, president of the
League of Women Voters of Lincoln-Lancaster County and representing the League of Women Voters of Nebraska.


“Nebraskans deserve the opportunity to vote on school vouchers—yes or no. Recently, even a nun signed our petition, jokingly acknowledging potential consequences but steadfast in her belief that voters should have the final say. Every
Nebraska voter has a voice in our system of government. This referendum petition all boils down to letting the people decide.”


“Today, the people of Nebraska have once again exercised their constitutionally protected right to referendum, ensuring that their voices will always be heard. This moment stands as a testament to the deep and unwavering love Nebraskans have for their public schools, which remain the heart and soul of our communities. In this defining moment, we celebrate the power of democracy and the enduring spirit of our great state,” said Dunixi Guereca, Executive Director of
Stand for Schools.


“PTA’s mission is to make every child’s potential a reality by engaging and empowering families and communities to advocate for all children. We value collaboration, commitment, diversity, respect, and accountability. Nebraska PTA is
proud to stand with the Support Our Schools Nebraska Coalition. We align with the National PTA in advocating for the improvement of public education for all children and to guarantee that public funds are not diverted to any private
school choice proposal and/or voucher systems,” said Christine Clerc, Executive Committee of the Nebraska PTA. “Public dollars must remain invested in public schools for the benefit of all students and the future of our nation. We are
so grateful for all the individuals who have signed the petition and collected signatures so that we might continue the Nebraska tradition of strong public schools in every corner of our state.”


“Public Education is the great equalizer in ensuring that all children regardless of geographical or social location have
access to learning, growing, achieving and giving back in service,” said Rev. Dr. Karla Cooper, LPS Foundation Board of Directors.


“The overwhelming success of the Support Our Schools campaign falls in line with what the majority of Nebraskans believe and support. According to the Institute’s 2023 public opinion poll, 64 percent of Nebraskans said they oppose
using public dollars to subsidize private, religious, or charter schools. Simply put, state lawmakers should respect the will
of the people and support our public education system, instead of undermining our community’s interests and priorities,” said Hadley Richters, CEO of the Holland Children’s Movement.


“Nebraskans have wisely rejected public funding of private institutions at the ballot box three times previously and we need to do so again,” said Tim Royers, a sponsor of Support Our Schools Nebraska and president of the Millard
Education Association. “All we have to do is look at states with similar voucher programs. Those states and their taxpayers are struggling with the skyrocketing cost of these programs, as well as with the lack of transparency and
accountability. Arizona’s voucher program is a fiasco with the governor there saying it will likely bankrupt the state, that it does not save taxpayers money, and it does not provide a better education for students. Our neighboring state of Iowa passed a voucher program last year. It led to a huge spike in private school tuition while the cost to state taxpayers far exceeds the initial estimates, growing to nearly $180 million for this coming year. We can avoid those problems by
voting to repeal LB1402’s voucher scheme at the ballot box this November.”


This year’s sprint to collect signatures was a grassroots effort from a broad base of nonprofits supporting public schools.

The effort included more than 2,800 volunteers who circulated petitions and coordinated more than 800 signing events. More than 1,300 individuals have donated to the effort with an average donation of $42.


The Secretary of State will forward the petitions to local election officials, who have 40 days to verify the petitions and the signers’ information. Once all petitions have been reviewed and requirements met, the Secretary of State will certify the measure for the November 2024 General Election ballot.


For more information on the effort to repeal LB1402’s voucher scheme, please visit:


Website: https://supportourschoolsnebraska.org/
Facebook: https://www.facebook.com/SOSNebraska
Twitter: https://twitter.com/SOSNebraska
Instagram: https://www.instagram.com/sosnebraska/


Contact: Karen Kilgarin at 402-432-7776 or Kelsey Foley at 308-643-7268

Dr. Paul Offit is an authority on vaccines and infectious diseases. Please read this post from his blog Beyond the Noise.

He writes:

On July 16, 2024, Brandy Zadrozny, an investigative reporter and journalist for NBC News, posted a video on X of a conversation between RFK Jr. and Donald Trump. “Whoops,” writes Zadrozny. “Seems like RFK Jr.’s son posted and has since deleted a video of a call between RFK Jr. and Trump.” When he realized that his son had posted the video, RFK Jr. was mortified. “When President Trump called me,” he wrote. “I was taping with an in-house videographer. I should have ordered the videographer to stop recording immediately. I am mortified that this was posted. I apologize to the president.”

Trump was talking to RFK Jr. about vaccines.  “Something is wrong with the whole system,” said Trump. “Remember, I said you need small doses. Small doses. [Children receive] 38 different vaccines and it looks like it’s meant for a horse, not a 10 pound or 20-pound baby. And then you see the baby starting to change radically. And I’ve seen it too many times.”

None of this was new. Trump had repeated what he had said during a presidential debate on September 17, 2015. “Autism has become an epidemic that has gotten totally out of control,” he said, suggesting that high concentrations of vaccines given all at once was causing the problem. “Just the other day, two years old, two- and one-half years old, a child, a beautiful child went to have the vaccine and came back and a week later got a tremendous fever, got very, very sick and is now autistic.” Trump said that he wanted vaccines to be given in “smaller doses over longer periods of time.” Donald Trump, a reality TV star, real estate developer, and politician is asking us to believe that his knowledge of phase 1 dose-ranging studies is greater than the scientists and physicians who evaluate those studies.

Alison Singer, the president and co-founder of the Autism Science Foundation and the mother of a child with autism, responded to that immediately. “Donald Trump is a part of a fringe movement that…[has] dangerously perpetuated the false link between vaccines and autism,” she said. “The facts are clear. Vaccines do not cause autism. Some people may not like the facts, but they don’t get to change them, even if they are running for president of the United States.”

The most worrisome part of the conversation between RFK Jr. and Donald Trump occurred at the end, when Trump said, “I would love for you to do something. And I think it would be good for you. [Because] we are going to win. We’re going to win.” Was Trump implying that RFK Jr. might have a place in his administration. If so, the public should be aware that no one has propagated more false information about vaccines and vaccine safety than RFK Jr. When asked on a recent podcast with Lex Fridman to name a vaccine that he thought was valuable, he couldn’t think of one. If RFK Jr. is given a place in the Trump administration, we can be sure that his vaccine disinformation, conspiracy theories, and false beliefs will be center stage, putting the health of children and this nation at risk.

Imagine RFK Jr. as head of the Centers for Disease Control. The Federal Drug Administration. Good grief!

David Frum was a speechwriter for George W. Bush. His views evolved, and he is now a Never-Trumper. He is a staff writer for The Atlantic, where this article appeared.

Frum wrote:

When a madman hammered nearly to death the husband of then–House Speaker Nancy Pelosi, Donald Trump jeered and mocked. One of Trump’s sons and other close Trump supporters avidly promoted false claims that Paul Pelosi had somehow brought the onslaught upon himself through a sexual misadventure.

After authorities apprehended a right-wing-extremist plot to abduct Michigan Governor Gretchen Whitmer, Trump belittled the threat at a rally. He disparaged Whitmer as a political enemy. His supporters chanted “Lock her up.” Trump laughed and replied, “Lock them all up.”

Fascism feasts on violence. In the years since his own supporters attacked the Capitol to overturn the 2020 election—many of them threatening harm to Speaker Pelosi and Vice President Mike Pence—Trump has championed the invaders, would-be kidnappers, and would-be murderers as martyrs and hostages. He has vowed to pardon them if returned to office. His own staffers have testified to the glee with which Trump watched the mayhem on television.

Now the bloodshed that Trump has done so much to incite against others has touched him as well. The attempted murder of Trump—and the killing of a person nearby—is a horror and an outrage. More will be learned about the man who committed this appalling act, and who was killed by the Secret Service. Whatever his mania or motive, the only important thing about him is the law-enforcement mistake that allowed him to bring a deadly weapon so close to a campaign event and gain a sight line of the presidential candidate. His name should otherwise be erased and forgotten.

It is sadly incorrect to say, as so many have, that political violence “has no place” in American society. Assassinations, lynchings, riots, and pogroms have stained every page of American political history. That has remained true to the present day. In 2016, and even more in 2020, Trump supporters brought weapons to intimidate opponents and vote-counters. Trump and his supporters envision a new place for violence as their defining political message in the 2024 election.

Fascist movements are secular religions. Like all religions, they offer martyrs as their proof of truth. The Mussolini movement in Italy built imposing monuments to its fallen comrades. The Trump movement now improves on that: The leader himself will be the martyr in chief, his own blood the basis for his bid for power and vengeance.

The 2024 election was already shaping up as a symbolic contest between an elderly and weakening liberalism too frail and uncertain to protect itself and an authoritarian, reactionary movement ready to burst every barrier and trash every institution. To date, Trump has led only a minority of U.S. voters, but that minority’s passion and audacity have offset what it lacks in numbers. After the shooting, Trump and his backers hope to use the iconography of a bloody ear and face, raised fist, and call to “Fight!” to summon waverers to their cause of installing Trump as an anti-constitutional ruler, exempted from ordinary law by his allies on the Supreme Court.

Other societies have backslid to authoritarianism because of some extraordinary crisis: economic depression, hyperinflation, military defeat, civil strife. In 2024, U.S. troops are nowhere at war. The American economy is booming, providing spectacular and widely shared prosperity. A brief spasm of mild post-pandemic inflation has been overcome. Indicators of social health have abruptlyturned positive since Trump left office after years of deterioration during his term. Crime and fatal drug overdoses are declining in 2024; marriages and births are rising. Even the country’s problems indirectly confirm the country’s success: Migrants are crossing the border in the hundreds of thousands, because they know, even if Americans don’t, that the U.S. job market is among the hottest on Earth.

Yet despite all of this success, Americans are considering a form of self-harm that in other countries has typically followed the darkest national failures: letting the author of a failed coup d’état return to office to try again.

One reason this self-harm is nearing consummation is that American society is poorly prepared to understand and respond to radical challenges, once those challenges gain a certain mass. For nearly a century, “radical” in U.S. politics has usually meant “fringe”: Communists, Ku Kluxers, Black Panthers, Branch Davidians, Islamist jihadists. Radicals could be marginalized by the weight of the great American consensus that stretches from social democrats to business conservatives. Sometimes, a Joe McCarthy or a George Wallace would throw a scare into that mighty consensus, but in the past such challengers rarely formed stable coalitions with accepted stakeholders in society. Never gaining an enduring grip on the institutions of state, they flared up and burned out.

Trump is different. His abuses have been ratified by powerful constituencies. He has conquered and colonized one of the two major parties. He has defeated—or is on the way to defeating—every impeachment and prosecution to hold him to account for his frauds and crimes. He has assembled a mass following that is larger, more permanent, and more national in reach than any previous American demagogue. He has dominated the scene for nine years already, and he and his supporters hope they can use yesterday’s appalling event to extend the Trump era to the end of his life and beyond.

The American political and social system cannot treat such a person as an alien. It inevitably accommodates and naturalizes him. His counselors, even the thugs and felons, join the point-counterpoint dialogue at the summit of the American elite. President Joe Biden nearly wrecked his campaign because he felt obliged to meet Trump in debate. How could Biden have done otherwise? Trump is the three-time nominee of the Republican Party; it’s awkward and strange to treat him as an insurrectionist against the American state—though that’s what Trump was and is.

The despicable shooting at Trump, which also caused death and injury to others, now secures his undeserved position as a partner in the protective rituals of the democracy he despises. The appropriate expressions of dismay and condemnation from every prominent voice in American life have the additional effect of habituating Americans to Trump’s legitimacy. In the face of such an outrage, the familiar and proper practice is to stress unity, to proclaim that Americans have more things in common than that divide them. Those soothing words, true in the past, are less true now.

Nobody seems to have language to say: We abhor, reject, repudiate, and punish all political violence, even as we maintain that Trump remains himself a promoter of such violence, a subverter of American institutions, and the very opposite of everything decent and patriotic in American life.

The Republican National Convention, which opens this week, will welcome to its stage apologists for Vladimir Putin’s Russia and its aggression against U.S. allies. Trump’s own infatuation with Russia and other dictatorships has not dimmed even slightly with age or experience. Yet all of these urgent and necessary truths must now be subordinated to the ritual invocation of “thoughts and prayers” for someone who never gave a thought or uttered a prayer for any of the victims of his own many incitements to bloodshed. The president who used his office to champion the rights of dangerous people to own military-type weapons says he was grazed by a bullet from one such assault rifle.

Conventional phrases and polite hypocrisy fill a useful function in social life. We say “Thank you for your service” both to the decorated hero and to the veteran who barely escaped dishonorable discharge. It’s easier than deciphering which was which. We wish “Happy New Year!” even when we dread the months ahead.

But conventional phrases don’t go unheard. They carry meanings, meanings no less powerful for being rote and reflexive. In rightly denouncing violence, we are extending an implicit pardon to the most violent person in contemporary U.S. politics. In asserting unity, we are absolving a man who seeks power through the humiliation and subordination of disdained others.

Those conventional phrases are inscribing Trump into a place in American life that he should have forfeited beyond redemption on January 6, 2021. All decent people welcome the sparing of his life. Trump’s reckoning should be with the orderly process of law, not with the bloodshed he rejoiced in when it befell others. He and his allies will exploit a gunman’s vicious criminality as their path to exonerate past crimes and empower new ones. Those who stand against Trump and his allies must find the will and the language to explain why these crimes, past and planned, are all wrong, all intolerable—and how the gunman and Trump, at their opposite ends of a bullet’s trajectory, are nonetheless joined together as common enemies of law and democracy.

Jay Kuo is a lawyer, a political consultant and a musician. His blog “The Status Kuo” is lively and well-informed. In this post, he documents how far-fetched is Judge Aileen Cannon’s recent decision to throw out the documents case against Trump, who appointed her.

He writes:

On Monday, Judge Aileen “Loose” Cannon issued a mind-exploding ruling dismissing the espionage and obstruction case against Donald Trump. Her reason? The appointment of the Special Counsel was not legally authorized.

Let me first say this. Her ruling flies in the face of every legal precedent. No less than eight courts have weighed in on this question before and found to the contrary. Yet somehow Judge Cannon has defied all that legal weight and ruled against the U.S. government.

The timing of the ruling is also very suspect. Judge Cannon has been sitting on the motion to dismiss for 144 days. Yet she issued her ruling on the first day of the Republican National Convention? This smells like legal mischief. She is raising her hand for a quid pro quo appointment to a higher bench during a possible second Trump administration.

In today’s piece, I’ll walk through why Judge Cannon’s ruling is far outside of anything we have ever seen on this question. But while precedent would dictate that she should be reversed by the 11th Circuit, she could theoretically still prevail, setting up a split in the circuits for the Supreme Court to decide. And the current High Court has shown it doesn’t give a damn about decades of precedent. Indeed, that is Cannon’s likely gambit, and it is a dangerous one.

But if she loses, as is likely, she could also pay a heavy consequence: a reassignment of the case to another judge because of her clear bias for Trump.

Why she’s wrong

The language of both the Constitution and the authorizing legislation make clear that the Special Counsel is something the Executive Branch, via its Justice Department, may appoint. 

Jack Smith argued that Congress vested the appointment of “inferior Officers” like the Special Counsel in 28 U.S.C. § 533(4), in which Congress authorized the Attorney General to appoint officials “to conduct such other investigations regarding official matters under the control of the Department of Justice…as may be directed by the Attorney General.”

Pretty damn clear if you ask me.

Before jumping into the legal arguments, it’s important to recognize how long and time-honored the tradition is of appointing Special Counsel to handle politically sensitive matters. President Ulysses S. Grant appointed one some 150 years ago in 1875 during the Whiskey Ring scandal, where distillers bribed Treasury officials to increase profits and evade taxes.

In the 1920s, there was a Special Counsel for the Teapot Dome scandal, where Secretary of the Interior Albert Bacon Fall became the first cabinet member ever sent to prison after he accepted bribes in exchange for petroleum leases.

The question of the Special Prosecutor’s authority in the Watergate investigation was first broached by the Supreme Court in U.S. v. Nixon. (Special Counsel was previously termed “Special Prosecutor.”) In that case, the Supreme Court unanimously signed off on the Special Prosecutor’s authority to issue a subpoena to Nixon for tapes of conversations. 

Yet Judge Cannon, in her infinite wisdom, decided that U.S. v. Nixon  was mere “dictum,” meaning reasoning not essential to the decision before her. She wrote that because Nixon never actually contested the Special Prosecutor’s validity, the question was not squarely before the Supreme Court.

Come on, Aileen. 

It’s clear that the Supreme Court at least approved of the Special Counsel’s very existence. Otherwise, why even consider whether he could legally subpoena the President? Nixon didn’t challenge the very existence of the Special Counsel because it’s crystal clear that the Special Counsel was legally authorized, and no one on Nixon’s team even presumed to challenge the validity of the appointment. 

Judge Cannon also ignored another Supreme Court precedent from 1988, Morrison v. Olson, which upheld a law called the Independent Counsel Act. Prosecutors have cited that decision over the decades to consistently argue that special counsels did not violate the separation of powers. Cannon rejected this argument, however, ruling that the statute it upheld had lapsed. 

But Garland had cited four other statutes enacted by Congress—including the one discussed at the top of this section—that broadly authorized him to make Smith’s appointment. Yet Judge Cannon believes she somehow knows better than Congress about how to go about actually authorizing the appointment by statute.

To finish reading this column, open the link or subscribe.

Matthew Stone of Education Week described the plans for K-12 education in a second Trump term, as they appear in Project 2025, a document written by hundreds of former Trump officials. The 44-page education section emphasizes eliminating the U.S. Department of Education, distributing its functions to other agencies, converting categorical funds (like Title I for low-income children) into block grants, and rooting out “critical race theory” and any recognition of the existence of LGBT students. The document emphasizes the primacy of parental rights.

Trump has distanced himself from the document, because its recommendations are so radical, but it was prepared under the watchful eye of Kevin Roberts, president of the ultra-rightwing Heritage Foundation. Roberts is a close associate of Trump’s.

Stone wrote:

What would Donald Trump do in the realm of K-12 if voters return the former president to the White House?

He and his campaign haven’t outlined many specifics, but a recently published document that details conservative plans to completely remake the executive branch offers some possibilities. Among them: 

  • Title I, the $18 billion federal fund that supports low-income students, would disappear in a decade. 
  • Federal special education funds would flow to school districts as block grants with no strings attached, or even to savings accounts for parents to use on private school or other education expenses.
  • The U.S. Department of Education would be eliminated.
  • The federal government’s ability to enforce civil rights laws in schools would be scaled back.

The proposals are contained in a comprehensive policy agenda that’s part of a Heritage Foundation-led initiative called Project 2025: Presidential Transition Project, which includes nearly 900 pages of detailed plans for virtually every corner of the federal government and a database of potential staffers for a conservative administration. It will also feature a playbook for the first 180 days of a new term.

The agenda is designed to be ready for a conservative president to implement at the start of a new administration next year, depending on the outcome of November’s election.

Project 2025 involves former Trump administration officials and other allies of the former president, as well as dozens of aligned advocacy organizations. One of those is Moms for Liberty, the Florida-based group that rose to national prominence fighting school boards over COVID-19 safety protocols and has endorsed conservative school board candidates across the country in recent years.

On the campaign trail, Trump has said that parents should elect school principals, called for merit pay for teachers and the abolition of teacher tenure, promised to cut federal funding to schools pushing progressive social ideas, and pledged to establish universal school choice.

But because he’s released little in the way of detailed plans, Project 2025’s 44-page agenda for the U.S. Department of Education offers the clearest picture yet of the education priorities Trump could pursue in a second term, and how a second Trump administration could use the federal government to advance conservative policies like private school choice and parents’ rights that have taken root in many Republican-led states.

Trump is trying to distance himself from Project 2025 because it is so radical. But no one takes his protestations seriously.

About 18 months ago, I discovered that someone had set up a Twitter account pretending to be me.

My Twitter “handle” is @DianeRavitch.

The fake account is @Ravitch_Diane. I tried to find someone at Twitter to take it down but had no luck. I posted on it that it’s a fake.

I decided to ignore it because it had so few followers. As of now, it has 81 followers, while my real account has over 145,000.

But in the last 24 hours, something changed. Whenever I post a tweet, it goes to the fake account. Whatever I post or repost, it won’t come up on my real account but only on the fake. My real account has been silenced.

I’ve reached out to X, but I can communicate only with AI. I can’t deactivate the fake account unless I have the email for whoever opened it. Nor do I have the password.

So unless someone has a solution, I now have a parasite sucking away my tweets and reposts to a fake account with only 81 followers.

If you have any ideas about how to get X to shut down the fake account, please let me know.

CNN reviewed the claims made at the Republican Conventuon and pointed out lies. Too bad CNN didn’t do this during the Presidential debate, but inexplicably both sides agreed to that condition.

Here are the lies, corrected.