I have not seen Tucker Carlson’s interview of Vladimir Putin but I’ve heard plenty about it. On Chris Wallace’s show, Bret Stephens of the New York Times called Tucker the “Tokyo Rose” of our time. Hillary Clinton, interviewed on MSNBC by Alex Wagner, said he was “a useful idiot,” a term first used by Lenin to describe the dupes who parroted Soviet propaganda.

British investigative journalist John Sweeney reviewed Tucker’s interview and was even more scathing in his reaction. John Sweeney blogs at JohnSweeneyRoars. There is more to read so open the link.

He wrote:

Two narcissists but only one looking-glass: what was so bleakly and blackly comical about the Russian strong man Vladimir Putin granting an audience to the far-right showman, Tucker Carlson, was that even the American stooge could not hide his irritation at how boring the little man in the Kremlin was. Putin sensed that annoyance and gave Carlson bitch-slap after bitch-slap.

It would have been more amusing if Carlson had tottered out but the gravity of their shared neo-fascist agenda kept the two planet-sized egos in orbit, just. However, the big reveal of the-useful-idiot-meets-serial-killer show was that the two beauties really didn’t get on. Down the track, I look forward to a leak of what Carlson really felt about Putin. Lines like: “ungrateful dwarf sonofabitch” come to the novelist in me.

Sweeney the journalist notes the glorious moment when Putin upends the conventions and attacks the supplicant for a previous job application. Putin, puffy cheeked on steroids as ever, is waxing long about the 2014 Maidan revolution when the unarmed Ukrainian opposition took to the streets to bring down Kremlin puppet President Viktor Yanukovych:
Putin: “The armed opposition committed a coup in Kiev. What is that supposed to mean? Who do you think you are? I wanted to ask the then US leadership.

Tucker: With the backing of whom?

Vladimir Putin: With the backing of CIA, of course, the organization you wanted to join back in the day, as I understand. We should thank God, they didn’t let you in.

Carlson looks so mortified that I wondered whether his carefully coiffed hairdo might levitate in horror, as well it might. Who would have known that this career anti-elite hobgoblin had once tried to join the Company? Well, the former head of the Russian intelligence service, for one.

I feel I am entitled to be critical of Tucker Carlson because, firstly, he is a traitor to the human soul, and, secondly, I have interviewed Putin myself. Back in 2014, after the shooting down of MH17 by a Russian BUK missile, my colleagues at BBC Panorama and I worked out that the little man in the Kremlin was going to open some museum of mammothology in Yakutsk in the far east of Siberia. I rocked up, popped my question, Putin was caught in the bright lights of the Kremlin’s patsy media cameras – they thought my popping up had official permission – and Peskov, his PR man, was embarrassed. A few hours a goon came and punched me in the stomach. The Kremlin didn’t like my question. Still, I got off lightly.

Carlson’s interview set out several things about Putin to his core audience of ignorant white Americans who don’t like the twenty-first century (although they have been pretty clear to some of us for two decades, more): that Putin is boring, very; that he is nasty, very; that he is used to getting his own way to a pathological extent; that he is a liar; that he is incapable of explaining why he has invaded Ukraine in simple terms that make sense because he can’t.

Carlson wanted so little from the Russian dictator but the pleonexic couldn’t bring himself to be the least bit generous. Pleonexia is a term first applied to Putin by the great Kremlin-watcher Masha Gessen, meaning: having an irresistible urge to take things that rightfully belong to another. I wrote a whole chapter of my book, Killer In The Kremlin, on Putin’s craving to take from others: objects, countries, yes and yes, but also the time of others too. Putin turned up late for our departed Queen, late for the King of Spain, late for the Pope and four and a half hours late, of course, for then German Chancellor, Angela Merkel. So Carlson should not have been the least bit surprised that Putin stole his time, wasting the precious first half hour of the interview by setting out a dark fairy story that history showed that Russia has a right to repress Ukraine.

How can I best summarise Putin’s case? He was talking bollocks, total bollocks. The evolution of Ukraine and then Russia – Kyiv was a well-organised citadel in the tenth century when Moscow was still a few sticks in a bog – is messy and complicated. But the modern world started in 1945 and rule number one, in Europe at least, was that no country should invade another. Nothing whatsoever from the past trumps that. Full stop.

One other Putin comment which will drive up the Polish defence budget by another five percentage points was that the Poles somehow brought on 1939 themselves, that they should have negotiated with Hitler. What? Hello?

Carlson is a great showman, his glands unctuous, his tongue fluent but he is also a profoundly stupid man who even failed to get a degree from the rich kid’s diploma factory his family money sent him to.  I didn’t expect him to challenge Putin on the Russian’s fairytale history lesson but there is one simple thing that even a very thick CIA reject should have cottoned on to. One of Putin’s beefs about Ukraine is that their leaders are Nazi. President Zelenskiy is Jewish. Hello?

OK, let me break this down in a simple way by telling a true story of just how un-Nazi Ukraine is, from my own personal experience. At the height of the Battle of Kyiv, when the Russian army was twelve miles away from the city centre, I got a call from the Jewish Chronicle in London, inviting me to be their stringer. I explained that I wasn’t Jewish. They replied that they knew but there was no-one else. I said yes because it struck me as funny to work for a Jewish paper in a country the Kremlin said was Nazi. I got to hang out with the Chief Rabbi of Ukraine, to see Jewish aid relief to the front lines of Ukraine, to talk to soldiers who were Jewish – and also Muslim and Christian and those with no faith. The one thing I have not seen is strong evidence of Ukraine being Nazi. Because it isn’t.

All Carlson had to do was say: “but Mr Putin, how could Ukraine be Nazi if the President is Jewish?”

He did nothing of the kind. Carlson’s commitment to the cause, some kind of lower case Fascist International, was greater than his nous. But we knew that, didn’t we?
The worry remains that Carlson’s core audience will, once again, place their prejudices above their ability to weigh evidence. That is what the political religion they call MAGA does. What we all saw is a thoroughly horrible human being with a closed mind meeting the President of Russia. The latter, it turns out, is also a thoroughly horrible human being with a very closed mind and a bore – a crushing one at that.

Open the link and read on.

In a court case in Mississippi, a parent group is seeking to prevent the state from disbursing public funds to private schools. The parents rely on a clause in the state constitution that explicitly bars public funding of private schools.

The story was reported by the Mississippi Free Press. SUPPORT LOCAL JOURNALISM!

Schoolchildren could be heard playing less than a block away from the Mississippi Supreme Court building as attorneys argued over whether federal public funds should be awarded to the state’s private schools on Tuesday.

Rob McDuff, a Mississippi Center for Justice attorney representing the pro-public education nonprofit organization Parents For Public Schools, called a prohibition in the state’s constitution on funding for private schools “an ironclad principle” that “doesn’t have exceptions” during oral arguments.

Mississippi Supreme Court justices Leslie King, Robert Chamberlain and David Ishee also heard arguments from attorneys representing the Mid-South Association of Independent Schools and the Mississippi Attorney General’s Office defending the use of COVID-19 relief funds for private schools..

Parents for Public Schools filed the initial lawsuit in June 2022 after state lawmakers passed bills appropriating $10 million to help MAIS member schools pay for broadband, water and infrastructure projects. One bill Gov. Tate Reeves signed into law created the Independent Schools Infrastructure Grant Program. The other allocated American Rescue Plan funds for the program. The Legislature had set the grant to go into effect on July 1, 2022.

The pro-public education organization’s lawyers argued that awarding the funds to private schools violates Section 208 of the Mississippi Constitution and would give private schools a competitive advantage. That section of the Constitution says that “no religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school.”

“This is a case about a lot more than 10 million dollars,” Will Bardwell, an attorney from Democracy Forward, who also argued on behalf of Parents for Public Schools, told media after the Feb. 6 hearing. “This is a case about part of the Mississippi Constitution that reserves all of the state’s education funding for public schools. If we’re going to make exceptions to that for a 10 million dollar appropriation, then we can make exceptions about that for a 100 million dollar appropriation or a 500 million dollar appropriation. This is a simple case and it’s about a lot more than 10 million dollars.”

Please open the link to finish the story.

Thom Hartmann scores a bulls-eye again with this article.

The American people want the borders to be secure; they want a controlled flow of legal immigrants. It’s up to Congress to establish adequate border security, screening, judges, and border patrol. The Republicans have refused to send additional funds to Ukraine or Israel without a plan for the border. In the Senate, the two parties were close to reaching agreement on a bipartisan deal for the border.

But then, after his victory in New Hampshire, Trump stepped in and told them to kill the almost final agreement. He wants the issue of immigration and border security alive and unresolved for his fall campaign. Terrified of the Wrath of Trump, Senate Republicans fell meekly into line.

Hartmann writes here about previous Republican presidential candidates and presidents who have cynically put their political self-interest above the national interest:

Once again, America and the world are watching with horror as a Republican candidate for president — just to win an election — manipulates world affairs in a way that will cause widespread death and destruction while damaging the interests and reputation of America.

There’s a long tradition of Republicans running for president committing what can best called treason, or at least criminal manipulation of international affairs, to advantage themselves and hurt incumbent Democratic presidents.

Yesterday, Mitch McConnell let the proverbial cat out of the bag. A bipartisan group of senators had been working on a bill to provide funding to Ukraine and Israel, with money for the southern border, and when it looked like they were going to produce something that would actually pass the House and Senate, Donald Trump inserted himself, telling the Republicans they should kill the bill.

Trump apparently wants to run on chaos at the border, and solving the problem as this legislation is intended to do would take that issue away from him. But he’s also explicitly opposed to any further US aid to Ukraine. This is a treasonous twofer, putting Trump’s election above the interests of the United States and world peace.

Trump, of course, knows that if it weren’t for Putin’s intervention in the 2016 election, he never would have been president. And he desperately needs a repeat to hold onto his fortune and stay out of jail: he’s in a far greater bind now than when he first ran for president as a hustle to get GE to pay him more for his TV show.

His 2016 Campaign Manager Paul Manafort, after all, admitted that during that election he was handing secret internal campaign polling and strategy information off to Russian intelligence, so they could successfully use it to micro-target vulnerable voters via Facebook, an effort that reached 26 million targeted Americans in 6 swing states.

Now, Trump wants Putin’s help again for 2024. He knows that Putin can do things from overseas, including using deepfakes and posing as Americans to spread explicit lies on social media, that would send people to prison for election interference if done here in the US.

Putin’s number one goal, of course, is to seize control of Ukraine while destabilizing western democracies. So, Trump, wanting Putin’s help, is now trying to deliver Ukraine to Putin by killing US aid.

This pattern of Republican presidential candidates criminally intervening in foreign policy just to win elections started in 1968 and has been a feature — not a bug — of every Republican president who succeeded in taking the White House since: it’s time to seriously discuss the five-decade-long problem we have with treasonous and illegitimate GOP presidents.

It started in 1968, when President Lyndon Johnson was desperately trying to end the Vietnam war. It had turned into both a personal and political nightmare for him, and his vice president, Hubert Humphrey, who was running for President in the election that year against a “reinvented” Richard Nixon.

Johnson spent most of late 1967 and early 1968 working back-channels to North and South Vietnam, and by the summer of 1968 had a tentative agreement from both for what promised to be a lasting peace deal they’d both sign that that fall.

But Richard Nixon knew that if he could block that peace deal, it would kill VP Hubert Humphrey’s chances of winning the 1968 election. So, Nixon sent envoys from his campaign to talk to South Vietnamese leaders to encourage them not to attend upcoming peace talks in Paris.

Nixon promised South Vietnam’s corrupt politicians that he’d give them a personally richer deal when he was President than LBJ could give them then.

The FBI had been wiretapping South Vietnam’s US agents and told LBJ about Nixon’s effort to prolong the Vietnam War. Thus, just three days before the 1968 election, President Johnson phoned the Republican Senate leader, Everett Dirksen, (you can listen to the entire conversation here):

President Johnson: Some of our folks, including some of the old China lobby, are going to the Vietnamese embassy and saying please notify the [South Vietnamese] president that if he’ll hold out ’til November 2nd they could get a better deal. Now, I’m reading their hand. I don’t want to get this in the campaign. And they oughtn’t to be doin’ this, Everett. This is treason.

Sen. Dirksen: I know.

Those tapes were only released by the LBJ library in the past decade, and that’s Richard Nixon who Lyndon Johnson was accusing of treason.

At that point, for President Johnson, it was no longer about getting Humphrey elected. By then Nixon’s plan had already worked and Humphrey was being wiped out in the polls because the war was ongoing.

Instead, Johnson was desperately trying to salvage the peace talks to stop the death and carnage as soon as possible. He literally couldn’t sleep.

In a phone call to Nixon himself just before the election, LBJ begged him to stop sabotaging the peace process, noting that he was almost certainly going to win the election and inherit the war anyway. Instead, Nixon publicly said LBJ’s efforts were “in shambles.”

But South Vietnam had taken Nixon’s deal and boycotted the peace talks, the war continued, and Nixon won the White House thanks to it.

An additional twenty-two thousand American soldiers, and an additional million-plus Vietnamese died because of Nixon’s 1968 treason, and he left it to Jerry Ford to end the war and evacuate American soldiers.

Nixon was never held to account for that treason, and when the LBJ library released the tapes and documentation long after his and LBJ’s deaths it was barely noticed by the American press.

Gerald Ford, who succeeded Nixon, was never elected to the White House (he was appointed to replace VP Spiro Agnew, after Agnew was indicted for decades of taking bribes), and thus would never have been President had it not been for Richard Nixon’s treason. He pardoned Nixon.

Next up was Ronald Reagan.

During the Carter/Reagan election battle of 1980, then-President Carter had reached a deal with newly-elected Iranian President Abdolhassan Bani-Sadr to release the fifty-two hostages held by students at the American Embassy in Tehran.

Bani-Sadr was a moderate and, as he explained in an editorial for The Christian Science Monitor, successfully ran for President of Iran that summer on the popular position of releasing the hostages:

“I openly opposed the hostage-taking throughout the election campaign…. I won the election with over 76 percent of the vote…. Other candidates also were openly against hostage-taking, and overall, 96 percent of votes in that election were given to candidates who were against it [hostage-taking].”

Carter was confident that with Bani-Sadr’s help, he could end the embarrassing hostage crisis that had been a thorn in his political side ever since it began in November of 1979.

But behind Carter’s back, the Reagan campaign worked out a deal with the leader of Iran’s radical faction — Supreme Leader Ayatollah Khomeini — to keep the hostages in captivity until after the 1980 Presidential election. Khomeini needed spare parts for American weapons systems the Shah had purchased for Iran, and Reagan was happy to promise them.

This is the story that was finally confirmed just last year with The New York Times’ reporting that we now know how the deal was conveyed to the Ayatollah and by whom, including the lieutenant governor of Texas.

This was the second modern-day act of treason by a Republican wanting to become president.

The Reagan campaign’s secret negotiations with Khomeini — the so-called “Iran/Contra October Surprise” — sabotaged President Carter’s and Iranian President Bani-Sadr’s attempts to free the hostages.

As President Bani-Sadr told The Christian Science Monitor in March of 2013:

“After arriving in France [in 1981], I told a BBC reporter that I had left Iran to expose the symbiotic relationship between Khomeinism and Reaganism.

“Ayatollah Khomeini and Ronald Reagan had organized a clandestine negotiation, later known as the ‘October Surprise,’ which prevented the attempts by myself and then-US President Jimmy Carter to free the hostages before the 1980 US presidential election took place. The fact that they were not released tipped the results of the election in favor of Reagan.”

And Reagan’s treason — just like Nixon’s treason — worked perfectly.

The Iran hostage crisis continued and torpedoed Jimmy Carter’s re-election hopes. And the same day Reagan took the oath of office — to the minute, as Reagan put his hand on the bible, by way of Iran’s acknowledging the deal — the American hostages in Iran were released.

Keeping his side of the deal, Reagan began selling the Iranians weapons and spare parts in 1981, and continued until he was busted for it in 1986, producing the so-called “Iran/Contra” scandal.

But, like Nixon, Reagan was never held to account for the criminal and treasonous actions that brought him to office. Which is one reason Bush Jr. and Trump believed they could get away with anything.

After Reagan — Bush senior was elected — but like Jerry Ford — Bush was really only President because he served as Vice President under Reagan. And, of course, the naked racism of his Willie Horton ads helped boost him into office.

The criminal investigation into Iran/Contra came to a head with independent prosecutor Lawrence Walsh subpoenaing President George HW Bush after having already obtained convictions for Weinberger, Ollie North and others.

And Walsh was now looking into actual criminal activity by Bush himself in support of the Iran/Contra October Surprise.

Bush’s attorney general, Bill Barr, suggested he pardon them all to kill the investigation and protect himself, which Bush did.

The screaming headline across the New York Times front page on December 25, 1992, said it all: “BUSH PARDONS 6 IN IRAN AFFAIR, AVERTING A WEINBERGER TRIAL; PROSECUTOR ASSAILS ‘COVER-UP’”

And if the October Surprise hadn’t hoodwinked voters in 1980, you can bet Bush senior would never have been elected in 1988. That’s four illegitimate Republican presidents.

Which brings us to George W. Bush, the man who was given the White House by five right-wing justices on the Supreme Court.

In the Bush v. Gore Supreme Court decision in 2000 that stopped the Florida recount — and thus handed George W. Bush the presidency — Justice Antonin Scalia wrote in his opinion:

“The counting of votes … does in my view threaten irreparable harm to petitioner [George W. Bush], and to the country, by casting a cloud upon what he [Bush] claims to be the legitimacy of his election.”

Apparently, denying the presidency to Al Gore, the guy who actually won the most votes in Florida and won the popular vote nationwide by over a half-million, did not constitute “irreparable harm” to Scalia or the media.

And apparently it wasn’t important that Scalia’s son worked for a law firm that was defending George W. Bush before the high court (with no Scalia recusal).

Just like it wasn’t important to mention that Justice Clarence Thomas’s wife worked on the Bush transition team — before the Supreme Court shut down the recount in Florida — and was busily accepting resumes from people who would serve in the Bush White House if her husband stopped the recount in Florida…which he did. (No Thomas recusal, either.)

More than a year after the election a consortium of newspapers including The Washington Post, The New York Times, and USA Today did their own recount of the vote in Florida — manually counting every vote in a process that took almost a year — and concluded that Al Gore did indeed win the presidency in 2000.

As the November 12th, 2001 article in The New York Times read:

“If all the ballots had been reviewed under any of seven single standards and combined with the results of an examination of overvotes, Mr. Gore would have won.”

That little bit of info was slipped into the seventeenth paragraph of the Times story so that it would attract as little attention as possible because the 9/11 attacks had happened just weeks earlier and journalists feared that burdening Americans with the plain truth that George W. Bush actually lost the election would further hurt a nation already in crisis.

To compound the crime, Bush could only have gotten as close to Gore in the election as he did because his brother, Florida Governor Jeb Bush, had ordered his Secretary of State, Kathrine Harris, to purge at least 57,000 mostly-Black voters from the state’s voter rolls just before the election. Thousands of African Americans showed up to vote and were turned away from the polls in that election in Florida that Bush “won” by fewer than 600 votes.

The simple reality is that Al Gore won Florida in 2000, won the national popular vote by a half-million, and five Republicans on the Supreme Court denied him the presidency.

Florida Governor and George W. Bush’s brother Jeb had his Secretary of State, Kathryn Harris, throw thousands of African Americans off the voting rolls just before the election but then — when the votes had come in and it was clear former Vice President Al Gore had still won — she invented a brand new category of ballots for the 2000 election: “Spoiled.”

As The New York Times reported a year after the 2000 election when the consortium of newspapers they were part of finally recounted all the ballots:

“While 35,176 voters wrote in Bush’s name after punching the hole for him, 80,775 wrote in Gore’s name while punching the hole for Gore. [Florida Secretary of State] Katherine Harris decided that these were ‘spoiled’ ballots because they were both punched and written upon and ordered that none of them should be counted.

“Many were from African American districts, where older and often broken machines were distributed, causing voters to write onto their ballots so their intent would be unambiguous.”

George W. Bush “won” the election by 537 votes in Florida, because the statewide recount — which would have revealed Harris’s crime and counted the “spoiled” ballots, handing the election to Gore (who’d won the popular vote by over a half-million nationwide) — was stopped when George HW Bush appointee Clarence Thomas became the deciding vote on the Supreme Court to block the recount order from the Florida Supreme Court.

Harris’ decision to not count the 45,599 more votes for Gore than Bush was completely arbitrary: there was no legal category and no legal precedent, outside of the old Confederate states simply refusing to count the votes of Black people, to justify it.

The intent of the voters was unambiguous. And the 5 Republicans on the Supreme Court jumped in to block the recount ordered by the Florida Supreme Court (in violation of the 10th Amendment) just in time to prevent those “spoiled” votes from being counted, cementing Bush’s illegitimate presidency.

So, for the third time in 4 decades, Republicans took the White House under illegitimate electoral circumstances. Even President Carter was shocked by the brazenness of that one. And Jeb Bush and the GOP were never held to account for that crime against democracy.

To get re-elected in 2004, Bush used an old trick: become a “wartime president.” In 1999, when George W. Bush decided he was going to run for president in the 2000 election, his parents hired Mickey Herskowitz to write the first draft of Bush’s autobiography, A Charge To Keep.

Although Bush had gone AWOL for about a year during the Vietnam war and was thus apparently no fan of combat, he’d concluded (from watching his father’s “little 3-day war” with Iraq) that being a “wartime president” was the most consistently surefire way to get reelected and have a two-term presidency.

“I’ll tell you, he was thinking about invading Iraq in 1999,” Herskowitz told reporter Russ Baker in 2004.

“One of the things [Bush] said to me,” Herskowitz said, “is: ‘One of the keys to being seen as a great leader is to be seen as a commander-in-chief. My father had all this political capital built up when he drove the Iraqis out of (Kuwait) and he wasted it.

“[Bush] said, ‘If I have a chance to invade Iraq, if I had that much capital, I’m not going to waste it. I’m going to get everything passed I want to get passed and I’m going to have a successful presidency.’”

Bush lying us into that war was an act of treason against America that cost 900,000 Iraqi lives, over 7,000 American lives (on the battlefield: veterans are still committing suicide daily), and over $8 trillion added to the national debt.

But it did what it was supposed to do: it got Bush re-elected in 2004.

Which brings us to this year’s election.

In 2016, Trump ally Kris Kobach and Republican Secretaries of State across the nation used Interstate Crosscheck to purge millions of legitimate voters — most people of color — from the voting rolls just in time for the Clinton/Trump election.

Meanwhile, Russian oligarchs and the Russian state, and possibly pro-Trump groups or nations in the Middle East, are alleged to have funded a widespread program to flood social media with pro-Trump, anti-Clinton messages from accounts posing as Americans, as documented by Robert Mueller’s investigation.

It was so blatant that it provoked the U.S. Intelligence Community’s assessment of their similar actions during the 2020 election (done while Trump was still president but released in March, 2021) pretty much declaring Trump a “Russian asset.”

It was a repeat, in many ways (albeit unsuccessful this time) of the Russian efforts in 2016. Then, as mentioned, Republican campaign data on the 2016 election, including which states needed a little help via phony influencers on Facebook and other social media, was not only given to Konstantin Kilimnik by Paul Manafort, but Kilimnik transferred it to Russian intelligence.

And now Trump is trying to exacerbate a crisis on our southern border and screw Ukraine in a way that will lead to mass causalities and disrupt the international order — all to give Putin what he wants — the same way Nixon used Vietnam, Reagan used Iran, and Bush used Iraq, just to win a damn election.

While we can’t rewrite history, at least we can try to prevent it from being repeated. Call your members of Congress — your representative and both your senators — and let them know if you agree that Ukraine aid and resolving the issue at the southern border shouldn’t be held hostage to Trump’s need for Putin’s help and approval.

The number for the congressional switchboard is: 202-224-3121.

It’s way past time that America ceased to be the dog wagged by the tail of corrupt Republicans who want to be president.

Tanisha Pruitt, Ph.D., wrote the following statement on behalf of Policy Matters Ohio last June. She urged the legislature not to expand vouchers. Her plea was ignored. The legislature decided to raise the cap on vouchers to 450% of the federal poverty level. Given research that shows the failure of vouchers in Ohio and elsewhere, the only conclusion that can be drawn is that the Republican dominated legislature doesn’t care about the state’s children or their future.

Regardless of race, neighborhood, or how much money is in their parents’ bank account, every child should be able to attend an excellent school that has everything they need to learn and grow. Every dollar spent on vouchers makes this vision less achievable. Vouchers take public money and give it to private schools, with real consequences for the 90% of our kids who attend Ohio’s public schools.

With their recent budget proposal, Senate leadership has shown they are willing, even eager, to sacrifice Ohio’s kids to ram through a universal voucher scheme they’ve been planning for years. The Senate plan would make EdChoice vouchers — worth $8,407 a year for students in grades 9-12, and $6,165 a year for those in grades K-8 — available to households with incomes up to 450% of the federal poverty rate. (For a family of four, that’s about $135,000 a year.) And they wouldn’t stop there: Senate leadership would also allow households making more than that to get 10% of the value of EdChoice vouchers, subsidizing a discount on private school tuition for the children of the wealthiest Ohioans.

<<< And that’s just one of the ways the Senate proposal will disproportionately benefit the rich while hurting the rest of us.>>>

Kids bring their whole selves to the classroom. To succeed they need well-funded schools — and they need good food, health care, and quality child care to build a solid foundation. Senate leadership would make it very easy to qualify for vouchers, while Ohio already makes it very difficult to qualify for other, more fundamental public programs. Legislators impose tight caps on family income to participate in SNAP, Medicaid, publicly funded child care and free school meals. Compare those income limits to the proposal for limitless access to private school vouchers and you get a good sense of where the Senate majority’s priorities and loyalties lie.

Public schools in Ohio are responsible for educating 1.6 million students. The Senate proposal cuts their funding by $245.6 million in FY 2024 and by $295.8 million in FY 2025. At the same time, Senate leadership would increase funding for vouchers by $182 million in FY 2024 and $191 million in FY 2025 — pushing the total annual cost to more than a billion dollars by the end of this budget cycle. That’s $1 billion of Ohio taxpayers’ money being funneled to unaccountable private schools, many of which are operated by churches and other religious entities.

The budgetary choices that we see in the Senate proposal begs the question of where our legislators’ priorities lie when it comes to funding our education system. How we fund our schools now will impact education — and our workforce and economy — for years to come. Ohio is currently ranked near the bottom at 46th in the nation when it comes to equitable distribution of funding in schools. By proposing massive new spending on vouchers, Ohio legislators would only make things worse.

In the last budget, we won the Fair School Funding Plan, with the promise to fully and fairly fund schools so every child in Ohio gets what they need to set them on the path to a good life. Now we need legislators to live up to that promise and finish the job. State leaders have a constitutional duty to protect public schools. Ensuring a “thorough and efficient system of common schools” — as Ohio’s constitution requires — means correcting disparities created by bad policies of the past, which still harm kids today. We do that by prioritizing public schools, cutting spending on vouchers, and paying teachers what they’re worth, so every student in every district in every school can thrive.

This report was written by Tanisha Pruitt, Ph.D., for Policy Matters Ohio in April 2023. It provides a comprehensive review of the funding of K-12 education in the state. The state has 1.6 million students. The state Constitution says (Article 6, section 2):

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

The legislature and governor of Ohio apparently believe that the state Constitution does not mean what it says. The Republican leadership has steadily increased the funding of charter schools (which are not “common schools,” but are privately managed schools, some for-profit) and vouchers, which go primarily up religious schools.

The report was written before the legislature lifted income caps on vouchers, agreeing to subsidize the tuition of all students regardless of family income.

Please open the link to see the graphs.

The Policy Matters Ohio report begins:

School is a place where childhood happens. Ohio’s public educators teach children of all races and backgrounds basic skills, but also challenge and inspire them to follow their dreams. For many students, school is a safe place to learn, develop and grow.

Ohio currently educates 1.6 million children attending school in our cities, suburbs and small towns. For years, almost no one was happy about how the state of Ohio funded public schools. The system pitted communities against each other and private and charter schools against public schools. We were living in the K-12 version of the “Hunger Games”: The wealthier your district, the stronger your chances of success.

Most state lawmakers signed off on a system that relied too heavily on local property taxes,[1] so communities where many residents have low incomes struggled to pay for the basics like updated resources and teaching materials. The state capped the funding it sent to some districts, often leaving those districts feeling cheated. In others, state funding failed to keep up with changing costs and student needs. Since 2005, lawmakers have been systematically sending more resources to the wealthiest Ohioans by cutting the state income tax, which accounts for nearly one-third of the state’s spending on schools. Meanwhile, lawmakers have diverted almost $1 billion a year from local levies to private and charter schools.[2]

These policy choices have taken a toll on Ohio’s educational outcomes. Education Week ranks Ohio 46th in the nation for equitable distribution of funding.[3] The performance metrics included: (1) state spending by examining per-pupil expenditures adjusted for regional cost differences, the percent of students in districts with per-pupil spending at or above the national average, spending index, and percent of total taxable resources spent on education and (2) Equity, by examining the degree to which education funding is equitably distributed across the districts within the state.[4]

The pandemic has contributed to a decline in test scores, which could have an impact on our overall ranking, if we do not get students caught up.[5] Over nearly two decades, we can draw a straight line between the racial and economic achievement gaps and the lack of funding to provide Black, brown, economically disadvantaged students[6] and students with disabilities what they need to succeed in school.

Ohio’s schools are becoming more racially and ethnically diverse; the Hispanic[7]population (a close proxy for Latinx) alone has more than doubled over the last 10 years.[8] Student poverty is also on the rise with 51% of students considered economically disadvantaged and the homeless student population doubling over the last decade.[9]

COVID-19 created unstable and even chaotic learning environments across Ohio. The elevated stress and social isolation caused by the move to virtual learning[10]exacerbated students’ need for mental health services.[11] The pandemic continues to take a toll on educators as well. COVID and other outbreaks are making educators sick. Moreover, increased stress and low pay cause many educators to leave the profession. Districts across the state have grappled with unprecedented staff shortages. For example, Columbus City Schools (CCS) had 800 employees absent every day during the height of the pandemic.[12] Hamilton City School officials were forced to cancel classes when 170 staff members were out due to illness.[13]

COVID has especially hammered school districts in communities that can’t raise enough money through local property taxes — especially in big cities, where Black, brown and economically disadvantaged students are more likely to live.[14] Schools in these communities often have fewer resources for COVID mitigation efforts like improving ventilation.[15]

Long before COVID, many policymakers neglected public schools, siphoning away their funding for tax giveaways[16] to corporations and undercutting them with schemes that send public money to charters and private schools. Combined with the effects of COVID, Ohio’s legacy of inadequate and inequitable funding has weakened the role school plays as a foundational public service for families and communities. For our state to be a vibrant place where people want to live, we need fully and fairly funded schools in all districts, no matter what students look like, or how much money their families have.

This report describes how the state funds public K-12 education and some key investments proposed in the 2024-25 Executive Budget, the legacy of unconstitutional funding, the role private school vouchers play in harming public schools, and how the Fair School Funding Plan — when fully funded and fully implemented, including weights and cost corrections — can provide districts with more resources to prepare Ohio’s children to succeed.

A brief history of Ohio school funding

The framers of Ohio’s constitution obligated the state to provide a “thorough and efficient system of common schools” for all students.[17] In 1991, the Ohio Coalition for Equity & Adequacy of School Funding, representing more than 500 school districts in Ohio, filed suit in the Perry County courts against the State of Ohio for failing to uphold this constitutional requirement.[18] In DeRolph vs. The State of Ohio — named for Perry County school district student Nathan DeRolph — plaintiffs argued the state was failing to live up to its obligation due to over-reliance on local property taxes for school funding: In wealthy communities, high property values generated revenues needed to provide students with more resources for cutting-edge technology, advanced classes, and extracurricular activities; the opposite was true in poor communities. This left schools in cities, rural areas and many low-income communities severely under-resourced, significantly harming outcomes for their students.

The litigation dragged on until 1994 when Perry County Court Judge Linton Lewis, Jr. ruled that “public education is a fundamental right in the state of Ohio” and that the state legislature must provide a better and more equitable means of financing education.

The DeRolph case was the start of a foundational shift in the school funding system in Ohio, but the fight for constitutional and equitable funding continued for decades following the ruling. By failing to keep up with inflation and by diverting public funds to charter schools[19] and vouchers (i.e., scholarships to private schools), lawmakers in fact cut state aid to traditional public schools over time.[20] As a result, public schools have increasingly relied even more on local resources, which exacerbates the problem of unequal funding and quality across districts,[21] a problem that persists today….

Public dollars, private benefits

Two smaller education systems run alongside Ohio’s traditional public schools: charters and private schools. When legislators redirect funding from traditional public schools to pay for charters and vouchers (which pass public dollars through parents and into private schools), the vast majority of Ohio students who attend traditional public schools have to make do with less.

In Ohio charter schools have been branded “community schools” and are considered “public” because they cannot charge tuition and they are supposed to accept all students. However, charter schools do not necessarily serve the public good. Charter school sponsors may contract with for-profit companies to operate the schools. In 2020, Ohio had 313 charter schools serving 102,645 students and 178 (57%) of them were operated by for-profit entities.[48]These “operators” have been the source of much scandal in Ohio. Simply put: The charter system in Ohio has lots of loopholes for private, profit-seeking companies to siphon off public dollars.

In FY 2022 the state sent $1.45 billion to charter schools — up from nearly $620 million in 2007.[49] During that time, Ohio’s legislators earned our state a reputation as “the wild west of charter schools” by failing to hold charters and their operators accountable.[50] Problems with Ohio’s charter school system came to a head with the ECOT scandal: A for-profit online charter school, the Electronic Classroom of Tomorrow squandered millions in public money by inflating enrollment numbers.[51] Other charter scandals have prompted rounds of legislative reform to reduce self-dealing, prevent the state from paying for students who were not actually attending school, and stop attempts at double-dipping by selling state-purchased materials back to the state for even more public dollars.[52]

The Ohio Charter School Accountability Project, a joint effort of the Ohio Education Association (OEA) and Innovation Ohio, using data primarily from the Ohio Department of Education (ODE), created a tool to help Ohioans know the state of publicly funded charters and private schools that accept public vouchers, and how they compare to traditional school districts. Analysis includes state report card rankings, classroom expenditures, and state aid deductions to charter schools. This system is intended to provide transparency so that parents, teachers, students and advocates can hold charter schools accountable.[53]

Based on the recent Annual Community Schools report conducted by the Ohio Department of Education (ODE),[54]community schools in Ohio are receiving more funding through the Quality Community School Support Grant (QCSS). Eligibility requirements for these grants are based on performance standards and overall academic achievement. In the current budget lawmakers increased funding to QCSS to $54 million for FY 2022, a $24 million increase from 2021. This increase includes a per-pupil increase of $1,750 for economically disadvantaged students and a $1,000 per-pupil increase for all other students.[55]

Vouchers eat up state funding for K-12 schools

As problematic as under-regulated charter schools can be, the proliferation of private school vouchers has had the most serious consequences for public schools and the vast majority of Ohio students who attend them. Since the Cleveland Voucher Program for low-income students in Cleveland City Schools launched in 1996, policymakers have expanded voucher programs across the state. Ohio currently has four main school voucher programs: the Educational Choice (EdChoice) Scholarship Program, the Cleveland Scholarship and Tutoring Program (CSTP), the Autism Scholarship Program, and the Jon Peterson Special Needs (JPSN) Scholarship Program. The EdChoice program is split into two types: the Traditional EdChoice Scholarship, also known as performance-based EdChoice, and the EdChoice Expansion Scholarship, also known as income-based EdChoice.

Policymakers introduced the Traditional EdChoice scholarship program in 2005 and continue to expand it. The EdChoice Expansion program was introduced in 2014 and has also expanded in scope. The performance-based EdChoice program is available to students in underperforming school districts, while the income-based EdChoice program is available to low-income students. The Cleveland Scholarship is for all K-12 students in the Cleveland Metropolitan School District. The other two scholarships, Autism and JPSN, are for autistic students and students with any disability, respectively.

What started as a program to provide alternative education options for students in what the state perceived to be underachieving schools has now expanded to include students from public schools with high achievement grades. According to a brief by the Northwest Local School District, 47.7% of the buildings on the current list of Ohio schools eligible for vouchers have overall grades of “A,” “B,” or “C” under the state’s report card system. The number of eligible schools has also grown rapidly. During the 2018-19 school year Ohio had fewer than 300 school buildings that were considered eligible; by 2020-21, 1,200 school buildings were eligible: a 300% increase in just two years.[56] Similarly, income-based vouchers are now being proposed for families earning up to 400% of the federal poverty level. This expansion would be a costly and needless expansion, subsidizing private education for families that need no help. A family of four could earn up to $120,000 and be considered income eligible. This expansion will make vouchers nearly universal, by providing an additional handout to upper-middle-class families at the expense of public schools.

Vouchers in the state budget

After years of tax cuts for the wealthy and corporations that have drained resources from public schools, and as COVID has created new pressures, the state further undercuts public schools by pumping hundreds of millions of public dollars into private schools.[57]

The 2022-23 biennial budget expanded funding of private schools, especially through EdChoice and other voucher programs. Traditional, performance-based EdChoice received $212.5 million, and the income-based EdChoice Expansion program received close to $103 million, a combined 61.4% of voucher payments statewide in FY 2022. The Autism and JPSN scholarships received $116.5 million and $76.6 million, respectively, making up 17% and 12.4% of distributed scholarship funds. The Cleveland Scholarship program received $46 million and only makes up 9.1% of distributed scholarship funds.[58]

Legislators have increased voucher payments from state funds since 2014, as illustrated in Figure 6.[59]

Figure 6
https://datawrapper.dwcdn.net/7sKMh/2/

The FSFP funds vouchers directly instead of allowing them siphon away districts’ state funding. Lawmakers increased total voucher allocations from $395.4 million in FY 2020 to $635.1 million in FY 2022.[60]They also increased direct state aid to private schools, though not as dramatically. Policymakers increased funding for “auxiliary services” to private schools from $149.9 million in FY 2021 to $154.1 in FY 2022 and just under $156 million in FY 2023. Meanwhile, “nonpublic administrative cost reimbursement” aid — which reimburses charter schools for the cost of mandated administrative and clerical activities such as preparation, filing and records keeping[61] — increased from $68.9 in FY 2021 to $70.8 in FY 2022 and $71.6 in FY 2023.[62]

Lawmakers have increased spending on vouchers by increasing the amount families can receive. For income-based EdChoice Expansion vouchers for FY 2022-23 the state now awards qualifying K-8 students $5,500 per year and high school students $7,500 per year for tuition at non-public schools, up from previous award amounts in FY 2020-21 which provided $4,650 for K-8 students and $6,000 for students grades 9-12.[63]….

Voucher expansion threatens our public schools

Because of the General Assembly’s continued expansion of voucher programs, more Ohio families are enrolling in them — up from 52,000 in 2019 to 69,991 in 2021. Even accounting for this growth, most voucher students were already attending private school before receiving vouchers.[64] Further, the number of vouchers is a fraction of the number of students served in public schools. When students use state-funded vouchers to attend private schools, even if they were never enrolled in traditional school districts, it means less money in the state budget that could otherwise be spent creating great public schools, which must serve all students.

The Ohio Coalition for Equity and Adequacy of School Funding, a coalition of over 100 school district and 20 education and community groups, took the state of Ohio to court, claiming that EdChoice Expansion violates the constitutional requirement that the state provide a “thorough and efficient system of common schools.” Coalition advocates believe that state lawmakers’ growing investment in vouchers could lead to a school funding system that privileges private education even more in years to come.[65]

Many proponents of voucher expansion have painted it as the state simply supporting parents’ right to choose where their child will be educated, but choice is not the problem, priorities are. The state has not fulfilled its constitutionally mandated responsibility to fairly fund public schools. Key components of the FSFP are still outstanding. Allocating close to $1 billion in public funds for students to take vouchers to private schools is a huge disservice to the 90% of students who attend our public schools.

Ultimately, the way the executive budget proposes to distribute foundation aid over FY 2024-25 will further erode the share going to traditional public schools by allocating a greater share to charters. The proposed budget would send 77.9% of foundation funds to traditional schools, compared to 79.1% in the last budget. Charters would take 10.8%, up from 9.9%. Voucher programs stay at 7.1%, and joint vocational school districts increase to 4.2% from 3.8%.

Recommendations & conclusion

Ohio has underfunded public schools and other essential public services for years.[66] Ohio lawmakers have cut state income taxes since 2005, reducing our ability to provide an equitable education system for all our students, and giving huge windfalls to the wealthiest Ohioans and little or no benefit to people with middle or low incomes.

Policymakers have a constitutional duty to protect public schools. Ensuring a thorough and efficient system of common schools means correcting disparities generated from over-reliance on property taxes by fully implementing the FSFP, with accurate estimates of how much it really costs to educate our kids.

Lawmakers in Ohio need to invest in developing an educator workforce of qualified teachers who are paid fairly for their essential work and strongly supported while doing it. Other pressing issues include a bussing crisis,[67] fewer 5-year-olds prepared for kindergarten,[68]lowered reading and math proficiency scores,[69] chronic absenteeism,[70] and a persistent digital divide.[71]

The state has sufficient revenue to meet these challenges, so long as legislators make public schools and kids a priority. Ohio has the money to fully commit to the FSFP in this budget. Instead of phasing in funding piece by piece, year after year, lawmakers should fully fund it right now. Ohioans must come together to demand lawmakers live up to the promise of the FSFP in the next biennium and beyond.

Republicans in the Ohio legislature love vouchers. They don’t love public schools. First, they created vouchers for Cleveland in 1995 as part of a budget bill. The ACLU challenged the program, and the Supreme Court upheld it in a 5-4 decision called Zelman Vs. Simmons-Harris.

Here is a summary at Case Western Reserve University’s website:

On June 27, 2002, the court ruled 5-4 in favor of vouchers, with Justices Sandra Day OConnor, Antonin Scalia, Anthony Kennedy, and Clarence Thomas joining Chief Justice William Rehnquist in delivering the majority opinion. Rehnquist argued that the program is “entirely neutral with respect to religion.” He explained, “It permits genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice.” Justice David H. Souter offered a harsh dissent, joined by Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen G. Breyer. Souter called the ruling “potentially tragic” as a “major devaluation of the establishment clause.”

Souter was right. Cleveland has had its voucher program in place since 1996. Almost 30 years later, it’s clear that it did not improve academic achievement. Cleveland has participated in the NAEP testing since 2003. It is one of the nation’s lowest scoring urban districts, outperforming only Detroit (a city with many charter schools). Vouchers didn’t make education better in Cleveland and may have made it worse by reducing civic investment in the public schools.

Lots of choices—public, charter, and vouchers—no improvements.

Despite the clear evidence of failure in Cleveland, the Ohio legislature created multiple statewide voucher programs. Initially, they were targeted towards specific high-needs groups, including low-income children.

Now, however, the legislature has raised the income cap again. Students are eligible if their family income is 450% of the federal poverty level.. Enrollment more than tripled, from 24,000 to 82,000, and costs are ballooning. But that won’t slow down the rush to universal vouchers, where the state gives a voucher to every student regardless of family income.

The only statewide evaluation of Ohio vouchers was released in 2016. It was sponsored by the Thomas B. Fordham Institute, a rightwing think tank that supports school choice The findings were negative. Vouchers depressed achievement. But no one cared.

Laura Hancock at Cleveland.com reported:

COLUMBUS, Ohio – The number of applications for Ohio-funded scholarships for private schools has more than tripled this school year over the last after the state legislature increased both the cash amount of the vouchers and family income eligibility, according to new figures.

So far, the state has paid out $166.9 million for private school tuition this year in one of the voucher programs that the legislature expanded.

But that amount will continue to rise. Most private schools collect tuition on a monthly basis, and not all applications to the program have been granted or even submitted. Parents have until the end of the June to submit voucher applications…

According to the latest figures from the Ohio Department of Education and Workforce, the state’s new K-12 agency:

– Thus far in the 2023-2024 school year, 82,610 students have been awarded scholarships to private schools in the one of the five voucher programs that the legislature expanded. In the 2022-2023 school year, families of 24,320 kids received vouchers.

-An additional 8,582 applications had been received as of Jan. 25 but were in need of a correction or were otherwise incomplete.

DEW has changed the way it’s reporting the dollar amount, as reporters have published dozens of stories about the controversial growth in private school vouchers this year. Previously, it reported how much money the state had committed to private school vouchers in the 2023-2024 school year, based on approved student applications.

For instance, in late October, it had committed $239.8 million for 41,120 students whose applications had been approved at the time. That figure raised eyebrows because it suggested the state could go well over the $397.8 million the General Assembly had budgeted for vouchers this school year.

Since then, the number of applications approved has more than doubled, but the state agency is reporting only how much it has paid out rather than its total commitments to date. Calculating that number is difficult without detailed data because the state awards scholarships based on a sliding income scale.

That means the state spend reported now is about $73 million lower than what the state said in October. However, by the end of June, the amount of state money spent is almost guaranteed to be higher.

In the two-year state budget bill passed over the summer, lawmakers expanded voucher eligibility to all families. Among the changes:

-The General Assembly raised the full voucher award from $5,500 to $6,165 this school year for students in K-8 and from $7,500 to $8,407 in 9-12.

-For the full voucher, lawmakers expanded family income eligibility to 450% of the federal poverty level, or $135,000 for a family of four, from the previous 250% of the federal poverty level, or $75,000 for a family of four.

-Lawmakers removed income caps for all families this year, meaning high-income families also can receive scholarships, but the award decreases the wealthier a family is. For instance, families at 451% to 500% of the poverty level are eligible for $5,200 for K-8 and $7,050 for 9-12.

The state has five private school voucher programs. Some are for children with special needs or for families who live in the boundaries of the Cleveland Metropolitan School District. The program with explosive growth this year is Education Choice, which is based on income eligibility. (That is different from an EdChoice program for families who live in the boundaries of low-performing public schools.)

So far this school year, 146,544 Ohio students are receiving a scholarship for one of the five voucher programs, costing the state $428.5 million to date.

A Wednesday report about Ohio’s private school vouchers by ProPublica found that parents with kids in private schools were being pressured to apply for vouchers, even if they were against it on principle. Schools pressured lower-income parents to obtain the scholarships first before asking for financial aid. Some schools appeared prepare to raise tuition, because the increase could be absorbed by parents, now that the state was paying a large chunk of their tuition, the reporting found.

What is more, Ohio’s voucher program enables the revival of discrimination that federal law forbids.

Journalist Marylou Johanek writes:

Public financing of parochial school prejudice is the law in Ohio. Take a minute to process, I’ll wait. The state has opened its coffers to Catholic schools that discriminate. The overwhelming amount of Ohio’s voucher money — free taxpayer money to offset private and religious school tuition — goes to Catholic schools.

The Catholic Diocese of Cleveland receives a ton of voucher funding. It just announced a new anti-LGBTQ+ policy in its 84 private religious schools that is blatantly discriminatory. Your tax dollars at work. Against the LGBTQ+ community. Against highly vulnerable LGBTQ+ youth.

Turns out the Church’s “all are welcome” spin is a conditional precept based on strict adherence to unchristian bigotry. Church leaders in Cleveland put their flock on notice that the universal invitation of acceptance may be rescinded to those who “openly express disagreement with Church teaching on matters of sex, sexuality, and/or gender in an inappropriate or scandalous way.”

The way Jesus turned nonconformists away.

From here on out, Catholic policy in Cleveland elementary and high schools — that rake in millions in taxpayer-funded vouchers — states that every person is expected “to present and conduct themselves in a manner consistent with their God-given biological sex” or face disciplinary action. Apparently, inclusive, affirming, nonjudgmental love is overrated.

The Catholic Diocese of Cleveland aligned itself with “culture war” extremists attacking people who can’t fight back. When an institution as influential as the Cleveland diocese rolled out sweeping prohibitions on LGBTQ+ expression and support in its diocesan-run and parish schools, it effectively blessed the record wave of hateful anti-LGBTQ+ bills being introduced by right-wing politicians in Ohio and Republican statehouses across the country (500 and counting).

Open the link and read it.

When I learned that the latest PISA (Program on International Student Assessment had been released, I attended a webinar, where I learned once again that the scores of U.S. 15-year-old students were somewhat below the international average. The PISA tests in math, reading, and science have been offered since 2000, sponsored by the Organization for Economic Co-operation and Development.

My takeaway from the webinar was that we should try to be more like Singapore and Macau.

I have studied the results of international assessments such as PISA and TIMSS for years. Eventually, I began to wonder what the connection was—if any—between the test scores of 15-year-old students and the economic productivity of their nation 10, 15, 20 years later. We’ve been bemoaning our scores since the first international tests were given in the 1960s, even as our economy soars way beyond the nations with higher scores on the tests.

I invited Yong Zhao to share his reaction to the latest PISA scores. His response was as brilliant as I anticipated.

Yong Zhao is one our most accomplished scholars of education. Born in China to an impoverished family, he pursued his dreams, migrated to the United States, and has made his mark as a creative and innovative thinker. He is currently a Foundation Distinguished Professor of Education at the University of Kansas and holds an appointment as Professor of Educational Leadership at the University of Melbourne. His list of honors and publications is too long for me to recite here. But you can find it online.

Yong Zhao wrote:

It doesn’t make sense: Why Is the US Still Taking the PISA?

I have always wondered what America has got from participating the PISA every three years. Since 2000, the U.S. has been taking part in this nonsensical global academic horse race. Every time it took the test, American students stood at about the middle of the global league table. Every time the results were released, American media would point out how American students are not the best, but East Asian education systems such as China, Hong Kong, Chinese Taipei, South Korea, Japan, and Singapore are the best. And then U.S. authorities would invite PISA and other pundits to tell us how to improve American education.

The same story has been going on for more than two decades, but American education has not improved, at least according to the PISA scores. According to the most recent results (NCES, 2023), American students did much worse in math in 2022 than in 2003, with an 18-point decline from 483 to 465. Their reading and science scores, however, remained about the same without significant change over the past two decades. Although PISA experts largely blame the COVID pandemic as the reason for the decline in math, it does not make much sense because there is no decline in reading and science. Did COVID-19 only affect math, not science and reading? Of course, one can try to argue that reading and science are much less sensitive to COVID, but why? 

Basically, the international standing of the US and the test scores of its students have not changed much. Whatever the PISA data revealed and/or the lessons from other countries such as China, Japan, Singapore, or Finland have not helped improve America’s PISA scores. By the way, Finland, the country Americans view with the best education system because of its early stunning PISA performance, has seen a much more dramatic decline in its PISA scores: from 544 to 484—a 60-point decline in math, from 546 to 490—a 56-point decline in reading, and from 563 to 511—a 52-point decline over the past two decades. Not sure if America still views Finland as the best education country, but its scores have dropped to almost the same point as American students. 

In fact, other than Finland, the PISA league tables have not changed much either. East Asian education systems have consistently remained the top performers and the OECD countries’ average scores have been dropping. If PISA had any impact on the world’s education quality and equity, education should not be the same as 20 years ago.

PISA does not really have much to offer to anyone, except those who benefit from the test itself—the consultants, the test makers, the data processors, and possibly some education politicians.

In a review article (Zhao, 2020), I summarized the research about  PISA and found: 1) PISA markets itself as an assessment of abilities needed in the 21st Century, but it is the same as other international tests such as TIMSS, 2) PISA ignores the overall educational purposes of different countries by primarily assessing math, reading, and science, 3) PISA’s tests are not of high quality with numerous theoretical and technical problems, and 4) PISA’s sampling has been manipulated in different countries. My conclusion is that instead of bringing positive changes to the world, PISA wreaked havoc.

America has never excelled in international tests since the beginning of such assessment in the 1960s, but the low scores have not seemed to affect it much. In fact, a correlational analysis done in 2007 showed a negative correlation between international test scores and economic development (Baker, 2007). That is, countries with higher scores in the first international study did worse than countries with lower scores. If PISA or any other international tests truly measure what matters in education, America should no longer be a developed country. On the contrary, East Asian countries have always scored well in international assessments, but their economic development has been more related to economic, political, and international orders than their test scores.

What matters to economic development and prosperity is perhaps the non-cognitive factors that PISA does not typically emphasize. For example, in an analysis, I found that PISA scores are negatively correlated with entrepreneurship confidence across countries (Zhao, 2012b). American students, despite their lower scores, have always had more confidence than their peers in other countries. In fact, confidence has been found to have negative correlations with test scores (Zhao, 2012b, 2014, 2018b). High score education systems, except Finland, have always had a negative impact on students’ social and emotional wellbeing (Zhao, 2012a). Even PISA’s own data show that PISA scores are negatively correlated with life satisfaction of students (OECD, 2019).

Many education systems participate in PISA because they are fooled by its claim to measure global competitiveness. Somehow these educational systems are convinced that their PISA scores and rankings mean how competitive they are globally. But this is not true and cannot be true. In 2022, over 80 education systems took part in the PISA but these systems are hugely different. For example, the U.S. has three hundred million people and does not really have an education system (it has over 50 education systems based on the number of states and over 12,000 systems if we treat each school district as a system). How can it be compared with Macao, China, a tiny place with about 688,000 people and one education system? Likewise, how can the U.S., with a per capita GDP of over $70,000 be compared with Albania, whose per capita GDP is about $6,000.

Moreover, PISA has been operational for over 20 years. The first cohort of 15-year-old students took the test in 2000. If PISA truly has predictive power, it should have produced a longitudinal study to show how these students do in society. They are about 39 years old today. But we haven’t seen any such report except the wild guesses made by some scholars (Hanushek & Woessmann, 2010).

If PISA offers nothing, why does the U.S. spend the money and effort to join the game? For monitoring of basic education conditions, it already has the National Assessment of Education Progress (NAEP) or the national report card, which has been in existence since 1969. Why continue to participate in PISA?

Frankly, it’s inexplicable, for there is truly no reason the U.S. should continue to participate in PISA, let alone to pretend to learn from high performing countries. The lessons PISA offered have not been productive. For example, the lesson that high performing systems (e.g., Singapore, South Korea, and Finland) recruit high performing high school graduates to be teachers (Barber & Mourshed, 2007) is not based on real evidence and does not really produce better education outcomes (Gronqvist & Vlachos, 2008). The lesson that high performing systems have clear definitions of learning expectations, a good structure of different stages, and tough measures to ensure that students have met the expectations (Tucker, 2011) is intended largely to copy East Asian education systems; but, ironically, the East Asian countries have been working very hard to change these practices (Zhao, 2014). International learning may make sense sometimes, but there are great limitations (Zhao, 2018a). American education should focus on developing its own way to improve education instead of trying to catch up with others (Zhao, 2009)

This is not to say that American education is perfect. Rather, it is to say the way forward is not to look at what others have been doing. The U.S. needs to solve its own problems and work on creating a better future. With the emergence of ChatGPT and other generative AI tools, the world has changed again. If ChatGPT had taken the 2022 PISA, it is highly likely that it would outscore all the students in the world. It would be the best education system accordingly. Today, many students use AI tools to do their schoolwork, and teachers use AI in their teaching. PISA has become even more irrelevant.

Since 2000, our scores on PISA have barely changed. While there’s much chatter about learning from other systems, it has not happened. There is no reason that the U.S. should continue its participation in PISA.

References:

Baker, K. (2007). Are International Tests Worth Anything? Phi Delta Kappan, 89(2), 101-104. 

Barber, M., & Mourshed, M. (2007). How the World’s Best-Performing School Systems Come out on Top. Retrieved from New York: https://www.mckinsey.com/industries/social-sector/our-insights/how-the-worlds-best-performing-school-systems-come-out-on-top

Gronqvist, E., & Vlachos, J. (2008). One size fits all? The effects of teacher cognitive and non-cognitive abilities on student achievement. Retrieved from Stockholm, Sweden: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1311222

Hanushek, E. A., & Woessmann, L. (2010). The High Cost of Low Educational Performance: The Long-run Economic Impact of Improving PISA Outcomes. Retrieved from Paris: http://books.google.com/books?id=k7AGPo0NvfYC&pg=PA33&lpg=PA33&dq=hanushek+pisa+gdp&source=bl&ots=2gCfzF-f1_&sig=wwe0XLL5EblVWK9e7RJfb5MyhIU&hl=en&sa=X&ei=MLPCUqaOD8-JogS6v4C4Bw&ved=0CGcQ6AEwBjgK#v=onepage&q=hanushek%20pisa%20gdp&f=false

NCES. (2023). Program for International Student Assessment (PISA). Retrieved from https://nces.ed.gov/surveys/pisa/index.asp

OECD. (2019). PISA 2018 Results (Volume III): What School Life Means for Students’ Lives. Retrieved from https://doi.org/10.1787/acd78851-en.

Tucker, M. (Ed.) (2011). Surpassing Shanghai: An Agenda for American Education Built on the World’s Leading Systems. Boston: Harvard Education Press.

Zhao, Y. (2009). Catching Up or Leading the Way: American Education in the Age of Globalization. Alexandria, VA: ASCD.

Zhao, Y. (2012a, December 11). Numbers Can Lie: What TIMSS and PISA Truly Tell Us, if Anything?  Retrieved from http://zhaolearning.com/2012/12/11/numbers-can-lie-what-timss-and-pisa-truly-tell-us-if-anything/

Zhao, Y. (2012b). World Class Learners: Educating Creative and Entrepreneurial Students. Thousand Oaks, CA: Corwin.

Zhao, Y. (2014). Who’s Afraid of the Big Bad Dragon: Why China has the Best (and Worst) Education System in the World. San Francisco: Jossey-Bass.

Zhao, Y. (2018a). Shifting the Education Paradigm: Why International Borrowing Is No Longer Sufficient for Improving Education in China. ECNU Review of Education, 1(1), 76-106. 

Zhao, Y. (2018b). What Works May Hurt: Side Effects in Education. New York: Teachers College Press.

Zhao, Y. (2020). Two decades of havoc: A synthesis of criticism against PISA. Journal of Educational Change, 1-22. doi:10.1007/s10833-019-09367-x

Read Robert Hubbell on the latest news. Always a voice of reason. It arrived at 2:17 am, when I was sleeping. I will have to remember his last lines the next time some Trump partisan accuses me of being “hyper partisan.” I am not at all partisan. I fear Trump. He is vicious, ignorant, dangerous. He lies the way other people exhale. Constantly. He inspired a coup attempt once. He would do it again. He faces 91 criminal counts for his actions. Why should anyone vote for this corrupt man? As I wrote yesterday, I would vote for an artichoke—or my dog Mitzi—if that was the choice. I am not blindly loyal to the Democratic Party or to Biden. I am terrified of the return of this unhinged demagogue.

Hubbell wrote:

As the media continues its journalistic rapture over special counsel Robert Hur’s hit job on Joe Biden, Trump gave the “green light” for Putin to attack NATO if Trump is elected in 2024. Don’t hold your breath waiting for the NYTimes to run five front-page stories on Trump’s reckless statement. I will return to the coverage of Robert Hur’s report in a moment, but the more important story (by far) is Trump’s dangerous invitation to Putin to invade NATO allies.

First, a reminder about our forward-leaning stance. As I said, on Friday, we must go on offense. Joe Biden is the better candidate by orders of magnitude. The choice has never been clearer in the history of our nation. We need to be aggressive in making that point. Trump’s statement over the weekend reinforces the binary choice between democracy and tyranny, sanity and chaos, and decency and depravity.


Trump claims he told NATO ally he would welcome Russian attack.

What happened.

At a rally over the weekend, Trump recounted the following conversation with a leader of a NATO ally:

One of the presidents of a big country stood up and said, ‘Well, sir, if we don’t pay, and we’re attacked by Russia, will you protect us?’

You didn’t pay? You’re delinquent? No, I would not protect you. In fact, I would encourage them [Russia] to do whatever the hell they want.


Why it matters.

It matters for three reasons, at least.

First, The story is a fabrication. Trump is a liar (as we know). No president of a “big country” posed the question to Trump, “Well, sir, if we don’t pay . . . .” If Trump had been asked such a question and given the response he recounted during a NATO meeting, we would have heard about it long before a campaign rally in South Carolina in 2024. (Moreover, NATO countries don’t “pay” anyone for membership in NATO. Trump thinks NATO has dues like a country club. It doesn’t. Instead, each member nation agrees to spend a certain percentage of its budget on its own military.)

Second, even though the story is not true as recounted, it is a signal to Putin that Trump’s commitment to NATO is illusory. Trump’s submissive posture regarding Russia threatens international security—and endangers the lives of Americans who will respond to a Russian attack on NATO.

Indeed, NATO chief Jens Stoltenberg made that point, saying,

Any suggestion that allies will not defend each other undermines all of our security, including that of the US, and puts American and European soldiers at increased risk. I expect that regardless of who wins the presidential election, the US will remain a strong and committed NATO ally.

Third, the statement is a reminder of Trump’s wild unpredictability when making public comments. He is a reckless madman. He is unfit to be president.


The reaction.

Trump’s imaginary (but reckless) story was rightly condemned by most major media. The NYTimes led with three front-page stories about the Trump’s statement.

  • Favoring Foes Over Friends, Trump Threatens to Upend International Order.
  • An Outburst by Trump on NATO May Push Europe to Go It Alone
  • Trump draws fire for his comments on NATO and Russia

The Washington Post led with a top-of-page headline, “Trump’s NATO-bashing comments rile allies, rekindle European fears.”

The Wall Street Journal included a below-the-fold front page headline, NATO Leader Blasts Trump’s Suggestion He Would Encourage Russian Invasion of U.S. Allies.

But, as expected, leading Republicans excused Trump’s reckless statement. Senator Marco Rubio said,

He doesn’t talk like a traditional politician, and we’ve already been through this. You would think people would’ve figured it out by now.

The excuse that “he doesn’t talk like a politician” doesn’t change how our NATO allies feel about Trump’s invitation to Putin to invade NATO countries. They would rightly make strategic decisions based on what Trump says without discounting his statement by his unpredictability.

More to the point, Trump doesn’t “talk” like an adult. He speaks like a petulant child with no emotional control. He is unfit to be president.

Speaking of Trump talking like a petulant child, read on!


Trump mocks Nikki Haley’s husband, who is deployed with the National Guard in Africa.

During the same speech in South Carolina, Trump insulted Nikki Haley’s husband, Michael Haley, who is a Major in the National Guard. His unit is currently on a year-long deployment in the Horn of Africa. Trump said,

What happened to her husband? Where is he? He’s gone. He knew. He knew.

Trump’s comment suggested that Major Michael Haley was out of the country to avoid seeing Nikki Haley’s loss in the Republican South Carolina primary. Of course, Trump’s mocking of Major Haley’s service is an insult to all Americans who serve their country in the military.

Nikki Haley condemned Trump’s remarks, saying,

Michael is deployed serving our country, something you know nothing about. Someone who continually disrespects the sacrifices of military families has no business being commander in chief.

President Biden also condemned Trump’s comments:

The answer is that Major Haley is abroad, serving his country right now. We know [Trump] thinks our troops are ‘suckers,’ but this guy wouldn’t know service to his country if it slapped him in the face.”

Of course—on cue—Senator Marco Rubio declined to criticize Trump’s comments about Major Haley’s year-long deployment to Africa.

Every time Trump speaks at a campaign rally, he creates this type of controversy. While his committed base and paid apologists are not moved, some voters will be. Military families, active-duty personnel, and veterans will understand the sacrifice that Major Haley is making—and Trump is mocking….

I am confident that the Biden campaign will get past the special counsel’s slander. Why? Because as the candidates make hundreds of campaign appearances, Biden’s mental fitness will compare favorably to Trump’s. Moreover, as the South Carolina rally on Saturday demonstrated, Trump will make outrageous statements every time he speaks. He will continue to do so—and will become more extreme as the campaign wears on. Joe Biden’s campaign operation is hammering Trump daily—and it is setting Trump’s fragile ego aflame. 

Meanwhile, we must keep the faith. Hur’s report has shaken some readers. I received about a dozen “I give up emails” over the weekend. While I understand feelings of anxiety, we can’t give up or collapse in defeatism. Instead, we must take a cue from Republicans: They suffer body blows each week inflicted by the bizarre behavior of the most corrupt and dangerous candidate in our nation’s history, but they continue their support for him unabated.

We are in a significantly stronger position with a good and decent man who has been a successful president. Surely, Joe Biden deserves the same fierce loyalty Republicans give to Trump.

Finally, to be blunt, this fight isn’t about Joe Biden. Today, a reader sent an email criticizing me for showing “unmitigated support” for Joe Biden. I told him that he was mistaken. I am showing unqualified support for democracy. 

At this moment in our history, supporting democracy means doing absolutely everything we can to re-elect Joe Biden. His gaffes and mistakes and age matter not a whit. He is a surrogate for democracy. If you aren’t supporting Joe Biden with every ounce of will you can muster, you are failing our democracy in its hour of need. It’s that simple.

Politico summed up the reactions to Trump’s shocking statement that if he is President again, he will not come to the defense of another NATO nation if it hasn’t paid its dues. Section 5 of the North Atlantic Treaty states that every NATO member will come to the defense of any other NATO member that is attacked.

The only nation that threatens NATO nations is Russia. Trump is sending Putin an invitation to take what he wants.

At a rally in South Carolina on Saturday night, Trump recounted a conversation with an unnamed head of state about how he would respond if a NATO member who had not paid enough money for its defense was attacked by Russia. “One of the presidents of a big country stood up and said, ‘Well, sir, if we don’t pay, and we’re attacked by Russia, will you protect us?’” Trump said.

“‘You didn’t pay? You’re delinquent?’” Trump recounted responding. ‘“No, I would not protect you. In fact, I would encourage them to do whatever the hell they want. You gotta pay. You gotta pay your bills.’”

Rep. Adam Schiff (D-Calif.) slammed the remarks Saturday night in a post on X.

“Trump bragged that he’d encourage Russia to ‘do whatever the hell they want’ to our NATO allies if they didn’t spend enough on defense,” Schiff wrote. “He’s more interested in aggrandizing himself and pleasing Putin than protecting our allies. It would be enough to make Reagan ill.”

Others used Trump’s statements to draw a contrast between the current frontrunner in the GOP presidential primary, and President Joe Biden — who has been on the defense over his mental acuity after a special counsel report described him as an “elderly man with a poor memory.” The White House, Biden and other allies have forcefully refuted the characterization.

“Biden: 14.8m jobs; lower costs for insulin; repairs to road/bridges; health care for vets; cleaning up the environment; stronger alliances. And yes: mixed up a country leader’s name. And this happened, too,” Rep. Rick Larsen (D-Wash.) wrote on X, linking to a clip of Trump’s remarks. “Is there really a choice?”

Article 5 of the North Atlantic Treaty that launched NATO in 1949 calls for every country to defend every other in the event of an attack. “The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all,” it states. Article 5 was invoked in defense of the United States after the 9/11 attacks in 2001.

The 31 current members of NATO have agreed, as a target figure, to spend at least 2 percent of their GDP on defense, though some nations are below that figure.

The White House blasted Trump’s comments as “unhinged” Saturday night. 

“Encouraging invasions of our closest allies by murderous regimes is appalling and unhinged— and it endangers American national security, global stability, and our economy at home,” White House spokesperson Andrew Bates said in a statement.

European leaders also criticized Trump’s comments. 

“Any suggestion that allies will not defend each other undermines all of our security, including that of the US, and puts American and European soldiers at increased risk,” NATO Secretary General Jens Stoltenberg said.

Reminder: Donald Trump is an elderly man with a bad memory, a vulgar mouth, malicious views, a well-established record of misogyny, an unparalleled prevaricator, and no knowledge of world history or current events. He is currently facing 91 criminal counts in state and federal courts.

I noticed on Twitter that Trump’s forces are saying that Biden and Trump did the same things, committed the same crimes, so the charges against Trump should be dropped. They go on to claim that Hur’s report “proves” that Trump is the victim of unequal justice. They do not acknowledge that Trump refused to return the top secret files he retained, lied about them, tried to conceal them, etc. His files contained nuclear secrets, Biden’s were in some instances his handwritten notes and in no instances were nuclear codes.

“Just Security” is a blog written by lawyers, based at NYU law School. Frustrated by misleading headlines about the Hur report, they posted this review of the Hur report.

It’s long but worth reading or skimming. Be sure to see the headlines at the end.

Just Security posted:

THE REAL ROBERT HUR REPORT VS. WHAT YOU READ IN THE NEWS

The Special Counsel Robert Hur report has been grossly mischaracterized by the press. The report finds that the evidence of a knowing, willful violation of the criminal laws is wanting. Indeed, the report, on page 6, notes that there are “innocent explanations” that Hur “cannot refute.” That is but one of myriad examples we outline in great detail below of the report repeatedly finding a lack of proof. And those findings mean, in DOJ-speak, there is simply no case. Unrefuted innocent explanations is the sine qua non of not just a case that does not meet the standard for criminal prosecution – it means innocence. Or as former Attorney General Bill Barr and his former boss would have put it, a total vindication (but here, for real).

But even without the prompting of a misleading “summary” by Barr, the press has gotten the lede wrong. This may be because of a poorly worded (we’re being charitable) thesis sentence on page 1 of Hur’s executive summary. Hur writes at the outset: “Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” You have to wait for the later statements that what the report actually says is there is insufficient evidence of criminality, innocent explanations for the conduct, and affirmative evidence that Biden did not willfully withhold classified documents. Put another way, that same sentence about “our investigation uncovered evidence” could equally apply to Mike Pence, who had classified documents at his home, which is similarly some “evidence” of a crime, but also plainly insufficient to remotely establish criminality.

The press incorrectly and repeatedly blast out that the Hur report found Biden willfully retained classified documents, in other words, that Biden committed a felony; with some in the news media further trumpeting that the Special Counsel decided only as a matter of discretion not to recommend charges.

To clarify thinking about this topic, let’s consider another way Hur could have represented his actual findings on page 1 of his executive summary:

“We have concluded that there is not a prosecutable case against Biden. Although there was a basis to open the investigation based on the fact that classified documents were found in Biden’s homes and office space, that is insufficient to establish a crime was committed. The illegal retention or dissemination of national defense information requires that he knew of the existence of such documents and that he knew they contained national defense information. It is not a crime without those additional elements. Our investigation, after a thorough year-long review, concludes that there is an absence of such necessary proof. Indeed, we have found a number of innocent explanations as to which we found no contrary evidence to refute them and found affirmative evidence in support of them.”

Below we first identify the relevant contents of the Hur report. We then provide a sampling of the erroneous press pronouncements.

I. What the Hur Report Actually Found

We let the Hur report speak for itself. For ease of reference, we group the report’s findings into several categories. However, we should emphasize one general finding at the outset. The Hur report states:

“In addition to this shortage of evidence, there are other innocent explanations for the documents that we cannot refute.” (p. 6)

Given the circumlocution in that statement, you may need to read it more than once. The statement alone is inconsistent with all the headlines below. Onto the more specific findings that are relevant to the elements of any potential criminal offenses. …

1. Lack of Evidence of Knowledge that Information Was Classified

  • “Mr. Biden should have known that by reading his unfiltered notes about classified meetings in the Situation Room, he risked sharing classified information with his ghostwriter. But the evidence does not show that when Mr. Biden shared the specific passages with his ghostwriter, Mr. Biden knew the passages were classified and intended to share classified information.” (p. 9-10)

Note: We note that this articulation is so reminiscent of James Comey’s embroidering of the facts: the bottom line is in the second sentence; the first sentence is irrelevant and serves no prosecutorial purpose, which leaves one to rightly wonder why it is included.

  • “The memo concerned deliberations from more than seven years earlier about the Afghanistan troop surge, and in the intervening years those deliberations had been widely discussed in public, so Mr. Biden could have reasonably expected that the memo’s contents became less sensitive over time. Because we cannot prove that he knew the memo was classified when he left office, we cannot prove that retaining the memo, he willfully retained national defense information.” (p. 221)
  • These facts do not support a conclusion that Mr. Biden willfully retained the marked classified documents in these binders. The cover of one binder was marked unclassified, the other had no classification marking, and we cannot show that Mr. Biden reviewed the binders after his vice presidency or knew the classified documents were inside. It is plausible that he retained these documents by mistake.” (p. 332-333)
  • “In addition, Mr. Biden told us in his interview that he does not recognize the marking “Confidential” as a classification marking. To him, the marking means the document should be held in confidence, but not necessarily that it is classified. Although “Confidential” is, in fact, a category of classified information enumerated in the governing executive order, we would likely be unable to refute Mr. Biden’s claim that he did not know this.” (p. 221-222)

2. Lack of Evidence of Willful Retention

  • “Some of the documents in these files were marked classified, though, because of the passage of time, we do not know whether Mr. Biden willfully retained the classified documents or consulted them when writing the book.” (p. 170)
  • “We were limited in our ability to investigate these documents because of the significant passage of time since their creation. Although we cannot prove that Mr. Biden retained these classified documents willfully or used them in writing Promises to Keep, he did write about the foreign trips that were the subject of the documents.” (p. 177)
  • “[T]hree notebooks found in Mr. Biden’s Delaware home had marked classified documents placed inside them. One of these notebooks, labeled “Af/Pak 1,” is discussed in Chapter Six. For the other two, the evidence does not suggest either that Mr. Biden retained the classified documents inside them willfully, or that the documents contain national defense information.” (p. 326)
  • Several defenses are likely to create reasonable doubt as to such charges. For example, Mr. Biden could have found the classified Afghanistan documents at his Virginia home in 2017 and then forgotten about them soon after. This could convince some reasonable jurors that he did not retain them willfully …. And the place where the Afghanistan documents were eventually found in Mr. Biden’s Delaware garage-in a badly damaged box surrounded by household detritus-suggests the documents might have been forgotten.” (p.4)
  • “It is possible that Mr. Biden encountered the classified Afghanistan documents at the Virginia home in February 2017, told Zwonitzer about them, and then, soon after, forgot about them and did not willfully retain them.” (p. 205)
  • “There is some indication that Mr. Biden’s staff may have advised him that his notecards contained classified information and needed to be held in a secured location. But the investigation did not determine what, if anything, Mr. Biden’s staffers actually told him on this subject.” (p. 65)
  • For each of the marked classified documents found in Mr. Biden’s notebooks, we cannot prove that Mr. Biden knew about or intended to keep the document after he was vice president, or we cannot prove the document contains national defense information, or both. These documents do not support criminal charges against Mr. Biden.” (p. 329)

Box of Afghanistan documents found in Delaware home garage:

  • While it is natural to assume that Mr. Biden put the Afghanistan documents in the box on purpose and that he knew they were there, there is in fact a shortage of evidence on these pointsWe do not know why, how, or by whom the documents were placed in the box. We do not know whether or when Mr. Biden carefully reviewed the box’s contents. We do not know why only some of Mr. Biden’s classified Afghanistan memos to President Obama from the fall of 2009 were found in the box, but several other memos he wrote during that time were not. And we do not know why Mr. Biden would have wanted to keep some of the other marked classified documents in the box—in particular, a classified document relating to President Obama’s second term foreign policy goals, which was kept in a folder right next to the Afghanistan documents, and which served no particular purpose of Mr. Biden’s of which we are aware.” (pp. 215-216)
  • “A reasonable juror could also conclude that, even if Mr. Biden found classified documents about Afghanistan in his Virginia home in February 2017, and even if he remembered he had them after that day, and even if they were the same documents found in his garage six years later and one hundred miles away in Delaware, there is a shortage of evidence that he found both the “Afganastan” folder and the “Facts First” folder …. And if Mr. Biden saw only the “Afganastan” folder and not the “Facts First” folder, which did contain national defense information, he did not willfully retain such national defense information.” (pp. 216-217)

Penn Biden Center and University of Delaware:

  • “The evidence suggests that the marked classified documents found at the Penn Biden Center were sent and kept there by mistake.” (p. 311)
  • “In January, February, and June 2023, FBI agents identified and recovered just over a dozen marked classified documents in Mr. Biden’s Senate-era papers housed at the University of Delaware. Almost all of these documents predate the Senate’s establishment of rules for the tracking and handling of classified information. The evidence does not suggest that Mr. Biden willfully retained these documents. Rather, they appear to have been included in his large collection of Senate papers by mistake.” (p. 312)
  • The evidence does not establish that Mr. Biden or anyone else knowingly removed or retained the classified documents found at the University of Delaware. These documents appear to have been included in his Senate papers by mistake.” (p. 323)
  • No evidence suggests he knew these classified documents were within his massive collection of Senate papers. Further, given the age of the documents, we found no evidence that Mr. Biden personally viewed any of them while he was a member of the Senate. Mr. Biden sat on the committee that generated these documents, but it is entirely plausible they were handled by a staff member and that Mr. Biden never handled the documents himself before they were filed among his papers. There is also no record of Mr. Biden’s review of the documents before or after he donated them to the University.” (p. 323)
  • “For these reasons, it is likely that the few classified documents found in Mr. Biden’s Senate papers were there by mistake.” (p. 325)
  • “There is insufficient evidence to prove beyond a reasonable doubt that Mr. Biden intentionally retained the classified documents in the EYES ONLY envelope after his term as vice president or caused his staff to do so. Instead, the evidence supports an innocent explanation for the unauthorized retention of those documents.” (p. 304)
  • “In summary, the innocent explanation for the retention of the classified documents in the EYES ONLY envelope at the Penn Biden Center is not only plausible, it is a better explanation than one of willful retention. There is thus insufficient evidence to support charging Mr. Biden or anyone else with willful retention of the documents in the EYES ONLY envelope at the Penn Biden Center.” (p. 307)
  • The evidence does not suggest that Mr. Biden willfully retained documents A1 or A2, which related to engagement with China in President Obama’s second term and a summary of meetings with foreign leaders during a United Nations General Assembly Week …. The more plausible explanation for the unauthorized retention of documents A1 and A2 is that the executive assistant stored and moved documents A1 and A2 to the Penn Biden Center unwittingly.” (p. 307-308)
  • “There is insufficient evidence to show Mr. Biden willfully retained document A8 for many of the same reasons as documents A1 and A2. Document A8 is a background memo for a meeting with a foreign leader …. For many of the same reasons as stated for documents A1 and A2, the more plausible explanation for the unauthorized retention of document A8 is that the executive assistant stored and moved it to the Penn Biden Center unwittingly.” (p. 309-310)

3. Lack of Evidence of Willful Disclosure

  • “[W]e conclude that the evidence does not establish that Mr. Biden willfully disclosed national defense information to Zwonitzer.” (p. 248)
  • “This evidence shows that Mr. Biden disclosed classified information to Zwonitzer, who was not authorized to receive it. But the evidence falls short of proving that Mr. Biden did so willfully—that is, that he knew these notebook passages were classified and that he intended to share classified information with Zwonitzer.” (p. 245)

4. Lack of Evidence of Transportation of Documents

  • We were unable to determine how the marked classified Afghanistan documents got from the White House, where Mr. Biden possessed them as vice president in 2009, to his Delaware home, where they were found in 2022 …. Ultimately, we could not determine precisely when the box containing the Afghanistan documents got into the garage, or who put the documents there.” (p. 150)
  • “But there are alternative explanations for how the Afghanistan documents got into the garage box that are also consistent with the evidence described above. As discussed in Chapter Eleven, we find the evidence as a whole insufficient to meet the government’s burden of proving that Mr. Biden willfully retained the Afghanistan documents in the Virginia home in 2017.” (p. 168-169)

5. Lack of Evidence of Possession

The Hur report centers on one of the apparently most incriminating statements by Biden to his ghostwriter. While in his home in Virginia. Biden said he had “just found all the classified stuff downstairs.” The question is what he meant and whether there was any evidence the home in Virginia actually ever stored the relevant documents. The Hur report found an absence of evidence. His report states he found no evidence that “conclusively” places the relevant documents at the location, but it appears to be no evidence more generally if at all:

  • “Given Mr. Biden’s limited precision and recall during his interviews with his ghostwriter and with our office, jurors may hesitate to place too much evidentiary weight on a single eight-word utterance to his ghostwriterabout finding classified documents in Virginia, in the absence of other, more direct evidence. We searched for such additional evidence and found it wanting. In particular, no witness, photo, email, text message, or any other evidence conclusively places the Afghanistan documents at the Virginia home in 2017.” (p. 5-6)
  • “We were unable to determine whether any classified documents were inadvertently moved to the Virginia home when Mr. Biden moved out of the Naval Observatory.” (p. 152-153)
  • Another viable defense is that Mr. Biden might not have retained the classified Afghanistan documents in his Virginia home at allThey could have been stored, by mistake and without his knowledge, at his Delaware home since the time he was vice president, as were other classified documents recovered during our investigation. This would rebut charges that he willfully retained the documents in Virginia.” (p. 5)
  • “The second potential defense argument is that Mr. Biden may not have retained the classified Afghanistan documents in Virginia home at all. While there is evidence that he did, most notably his recorded statement to Zwonitzer in February 2017, that evidence is not conclusive. First, as discussed in Chapter Seven, while the evidence provides clues classified Afghanistan documents were stored in the Virginia home, there is no definitive evidence putting them there.” (p. 211)
  • “Mr. Biden could have found only some of the classified Afghanistan documents in the Virginia home in 2017-the ones in the manila “Afghanistan” folder found init is unclear whether this folder contained national defense information. This too would rebut charges that he willfully retained national defense information, as required by the criminal Statute.” (pp. 204-05)
  • “When Mr. Biden told his ghostwriter he “just found all the classified stuff downstairs,” he could have been referring to something other than the Afghanistan documents, and our report discusses these possibilities in detail.” (p. 6)

6. Evidence of Intent to Return Classified Documents

Around the same time as the relevant period, Biden proactively returned other classified documents to government authorities that he discovered in his home. The report notes this evidence supports Biden’s innocence.

  • “But another inference the evidence permits is that Mr. Biden returned the binder of classified material to the personal aide because, after leaving office, Mr. Biden did not intend to retain any marked classified documents. As Mr. Biden said in his interview with our office, if he had found marked classified documents after the vice presidency, “I would have gotten rid of them. I would have gotten them back to their source…. I had no purpose for them, and I think it would be inappropriate for me to keep clearly classified documents.” Some reasonable jurors may credit this statement and conclude that if Mr. Biden found the classified Afghanistan documents in the Virginia home, he forgot about them rather than willfully retaining them.” (p. 206)
  • “Many will conclude that a president who knew he was illegally storing classified documents in his home would not have allowed a search of his home to discover those documents and then answered the government’s questions afterwards. While various parts of this argument are debatable, we expect the argument will carry real force for many reasonable jurorsThese jurors will conclude that Mr. Biden–a powerful, sophisticated person with access to the best advice in the world would not have handed the government classified documents from his own home on a silver platter if he had willfully retained those documents for years. Just as a person who destroys evidence and lies often proves his guilt, a person who produces evidence and cooperates will be seen by many to be innocent.” (p. 210)

7. Evidence of Belief that Documents Were Permissibly Retained, e.g., as “Personal Records”

One of the central issues is whether Biden believed his handwritten notebooks counted as “personal records” under the Presidential Records Act (§ 2201(3)(A)), which could provide a defense. The Hur report finds evidence that Biden did hold this belief, including a contemporaneously recorded conversation with Biden in 2017.

  • “We expect Mr. Biden also to contend that the presence of classified information in what he viewed as his diary did not change his thinking. As a member of the exclusive club of former presidents and vice presidents, Mr. Biden will claim that he knew such officials kept diaries, and he knew or expected that those diaries-like Mr. Reagan’s-contained classified information. He also understood that former presidents and vice presidents took their diaries home upon leaving office, without being investigated or prosecuted for it. Thus, whatever McGrail now thinks of the matter, Mr. Biden will claim that it did not occur to him to store what he thought of as his personal diaries-which he held close for eight years-at the National Archives, and he certainly did not know that by failing to do so he committed a crime. Contemporaneous evidence from immediately after the vice presidency supports this defense. In a recorded conversation with Zwonitzer on April 26, 2017, three months after leaving office, Mr. Biden said the following:

Biden: I’m told by [a personal aide], I guess he checked with you, in order for me to get my, uh, get all those presidential notes I had for lunch, the luncheon meetings, I have to go to McGrail?
Assistant: Yes, McGrail has them. We were supposed to turn it in and that is the last person who had them.
Mr. Biden: OK. Uh. See if you can get me McGrail on the line while I have you now. OK? And stay on okay? Assistant: Got it sir. Hold on.
Zwonitzer: This is probably something that goes to the presidential papers.
Mr. Biden: I don’t think so. It was in between. I didn’t want to turn them in.
Zwonitzer: Right so, it’s the gray area.” (p. 236).

Note: This excerpt above includes the statement that Biden “certainly did not know that by failing to do so he committed a crime.” That is a misstatement of the law. The offense requires knowledge and willfulness. The wording in the report may mislead readers.

  • “During our interview of him, Mr. Biden was emphatic, declaring that his notebooks are “my property” and that “every president before me has done the exact same thing,” that is, kept handwritten classified materials after leaving office. He also cited the diaries that President Reagan kept in his private home after leaving office, noting that they included classified information.” (p. 8)
  • Contemporaneous evidence suggests that when Mr. Biden left office in 2017, he believed he was allowed to keep the notebooks in his home. In a recorded conversation with his ghostwriter in April 2017, Mr. Biden explained that, despite his staff’s views to the contrary, he did not think he was required to turn in his notecards to the National Archives–where they were stored in a SCIF–and he had not wanted to do so. At trial, he would argue plausibly that he thought the same about his notebooks.” (p. 8-9)
  • “In Mr. Biden’s interview with our office, he explained that he took his notebooks with him after his vice presidency because “[t]hey are mine,” and explained that “every President before me has done the same exact thing.” He also specifically referenced President Reagan, who, after leaving office, kept handwritten diaries containing classified information at his private home, as discussed in Chapter Ten. In later written answers, Mr. Biden wrote that, “[l]ike presidents and vice presidents before me, I understand these notes to be my personal property.” (p. 94)
    • “After the Act’s passage, at least one former president, President Reagan, left office with his presidential diaries, which contained classified information, and stored those diaries at his private home. The Department of Justice, the National Archives, and others knew that President Reagan treated his diaries (containing classified information) as personal property, but no agency took action to recover the classified materials or to investigate or prosecute the former president …. The Department of Justice also repeatedly described the diaries in public court filings as Mr. Reagan’s personal records.” (p. 193-195)
    • “The wider American public also knew of the existence of Mr. Reagan’s diaries. Indeed, the diaries served as sources for at least three publications that Mr. Reagan or his representatives authorized: (1) An American Life, Mr. Reagan’s autobiography published in 1990; (2) Dutch, a biography authored by Edmund Morris and published in 1999; and (3) The Reagan Diaries, a collection of the diaries themselves first published in 2007 after Mr. Reagan’s death.” (p. 197)
  • Contemporaneous evidence suggests that when Mr. Biden left office in 2017, he believed he was allowed to keep the notebooks in his home. In a recorded conversation with his ghostwriter in April 2017, Mr. Biden explained that, despite his staff’s views to the contrary, he did not think he was required to turn in his notecards to the National Archives–where they were stored in a SCIF–and he had not wanted to do so. At trial, he would argue plausibly that he thought the same about his notebooks.” (p. 8-9)
  • “That Mr. Biden was mistaken in his legal judgment is not enough to prove he acted willfully, which requires intent to do something the law forbids.” (p. 239)

8. Evidence of Retention By Mistake

  • “A reasonable juror could conclude that this is not where a person intentionally stores what he supposedly considers to be important classified documents, critical to his legacy. Rather, it looks more like a place a person stores classified documents he has forgotten about or is unaware of.” (p. 209)
  • “After more than forty years in the highest ranks of government, he was accustomed to having staff members attend to the details of handling, storing, and retrieving classified documents. For a person of his position, the presence of classified documents might not have been noteworthy, and it may have seemed natural that someone else would inevitably take care of it, because, for Mr. Biden, that is how it had nearly always worked.” (p. 205-06)
  • “FBI agents found one document with classification markings in the third-level den area …. We cannot show that Mr. Biden knew this document was in his home, and the location of this document with unrelated materialsmakes it plausible that it was filed in error and that Mr. Biden kept this document by mistake.” (p. 333)
  • “For other recovered classified documents, after a thorough investigation the decision to decline criminal charges was straightforward. The FBI recovered additional marked classified documents at the Penn Biden Center, elsewhere in Mr. Biden’s Delaware home, and in collections of his Senate papers at the University of Delaware, but the evidence suggests that Mr. Biden did not willfully retain these documents and that they could plausibly have been brought to these locations by mistake. We also investigated whether persons other than Mr. Biden knowingly mishandled these classified documents, and our investigation showed that they did not. In reaching these conclusions, we note the numerous previous instances in which marked classified documents have been discovered intermixed with the personal papers of former Executive Branch officials and members of Congress.” (p. 12)

I. What the Media Reported

The headlines below are also reflected in the content of news reports (see, e.g., this example by the New York Times.) 

https://www.foxnews.com/politics/no-charges-biden-classified-records-special-counsel-robert-hur

https://edition.cnn.com/2024/02/08/politics/white-house-special-counsels-report-response/index.html

https://www.pbs.org/newshour/show/biden-willfully-withheld-classified-docs-but-will-not-be-charged-special-counsel-says

https://www.cnbc.com/2024/02/08/biden-docs-probe-final-report-issued-by-special-counsel-robert-hur-.html

https://www.bbc.com/news/live/world-us-canada-68247337

https://www.cbsnews.com/news/biden-special-counsel-report-handling-classified-documents/

The authors thank Clara Apt and Elise Barber for their excellent assistance in research.

Photo credit: Zach Gibson/Getty Images