The Judge Who Wants to Drag Us Back to the Victorian Era
Melissa Gira Grant – September 27, 2023
From the federal bench in Amarillo, Texas, Judge Matthew Kacsmaryk laid another plank last week in the expanding Christian nationalist platform for the United States, in a ruling favoring a public university president who banned a drag show organized by a campus LGBTQ student group. In this court order, the latest twist in a casefiled in March by Spectrum WT, a student organization at West Texas A&M University, Kacsmaryk denied the group’s request to restrain the school’s president and his administration from banning drag while their case is still in process. With Kacsmaryk’s order, we are witnessing the strengthening of the Christian right’s preferred legal reality, in which drag performance is not protected speech or expression under the First Amendment—thanks in part to the (literally) Victorian turn Kacsmaryk has made.
The university president’s drag ban comes as recently passed drag bans in several states face their own legal scrutiny. On Tuesday, Texas’s June 2023 drag ban was ruled unconstitutional, following a similar drag ban that was also overturned earlier this year in Tennessee. Other drag bans in Florida and Montana were also temporarily blocked by courts because of the damage the bans could do in their respective states while these cases were being argued. Kacsmaryk refused to follow suit.
In an order that points to his likely eventual ruling in the Spectrum WT case, Kacsmaryk deploys the same arguments as the Christian-right players behind the drag bans: that drag is “sexualized” expression or conduct, thus a danger to children, and thus fair game for their restrictions. Judge Kacsmaryk does not shy from the source of such spurious reasoning in the written order. He cited not only Christopher Rufo, the self-admitted architect of the moral panic that incited drag bans, but also Gays Against Groomers, the pseudo-grassroots group that claims to be “a coalition of gay people” opposed to “gender identity” (and whose rhetoric neatly follows the rest of the Christian right’s anti-trans rhetoric).
But another curious mention caught my eye in Kacsmaryk’s recent ruling: the Comstock Act. In his ruling, Kacsmaryk asserted that this 1873 law banning the dissemination of information related to sexuality (among many other things) is part of what he termed a “Free Speech ecosystem” that he claims went ignored by the students in their case. Whatever he means by “free speech ecosystem” aside, in reaching back to the Comstock Act—a law that has been chipped away at by the courts since its passage, and remains all but discarded in practice—Kacsmaryk claims to have found justification for excluding drag from constitutional protections.
Yet again, it appears that the Christian right’s latest go-to legal strategy is to summon the ghost of Anthony Comstock, the Victorian era’s arch foe of “obscenity.” It is not even the first time Kacsmaryk has referenced Comstock in a ruling siding with the Christian right. In April, in a case to restrict access to mifepristone argued by the Christian-right law group Alliance Defending Freedom, Kacsmaryk claimed that the Comstock Act may apply when it comes to the legal distribution of the drug, given its prohibitions around mailing anything that may cause an abortion (the Justice Department, it should be noted, had preemptively disagreed with this take). In a sense, by deploying Comstock now against both abortion and drag, Kacsmaryk is picking up on something quite true about the Comstock Act: Abortion, contraception, queerness, transness, sex work, sex ed, all of it is what Comstock was originally seeking to outlaw—and that Victorian sensibility is being resurrected from the dead.
But why revive Comstock now? To understand what Kacsmaryk is doing with the Comstock Act in both the drag and abortion cases, one must look to the Christian-right law projects that have both laid the groundwork for Christian nationalist legal theories and paved Kacsmaryk’s way to the federal bench.
Nearly a decade ago, Kacsmaryk joined the Texas-based First Liberty Institute, or FLI, a group that claims to be the largest legal project in the U.S. “focused exclusively on religious liberty.” From 2014 to 2019, Kacsmaryk was employed as an FLI attorney, where he represented clients fighting “the government’s effort to punish business owners and ministry leaders for following their religious beliefs and moral convictions,” as he said in 2017 after an FLI meeting with the Trump administration. As a lawyer working for the Christian right, Kacsmaryk was part of an effort aimed at rolling back contraception coverage in the Affordable Care Act—a provision that made birth control available to millions of people in the U.S. at no extra charge—on purported “religious liberty” grounds. In the movement for queer and trans rights too, according to Kacsmaryk, “religious liberty” is fundamentally at odds with “sexual liberty.” Since leaving FLI in 2019 to assume his place on the federal bench in Amarillo, coming down on the side of religious liberty is an effort Kacsmaryk can sustain with near-perfect continuity. Now with the power to decide from the front of the courtroom, he is able to tee up such cases for the Supreme Court.
After his nomination, FLI celebrated Kacsmaryk’s lifetime appointment as “a major win for religious-freedom practitioners, proving that a principled attorney may zealously advocate for the rights of … faith-based ministries without forfeiting the opportunity to serve on the bench,” and boasted that “Matthew is the first [emphasis its own] confirmed judge who’s gone directly from a religious liberty law firm to the federal judiciary.” Kacsmaryk’s nomination was not solely thanks to FLI: He also held a leadership position in the Federalist Society, the group that vetted a list of judicial nominees for Trump, curated by its board chair (and “friend” of Supreme Court Justice Clarence Thomas and his wife, Ginni) Leonard Leo. Having a Christian right–friendly judge like Kacsmaryk on a court is a boon to these legal players; having Kacsmaryk on a court in which he hears at least 95 percent of civil cases filed there is only more so.
First Liberty Institute, like the better-known Alliance Defending Freedom, or ADF, imagines that in the U.S., Christians are a persecuted minority. This assertion is something both groups would claim is not representative of their philosophy, pointing to their stated, broader defense of “religious freedom”—which in practice is a “freedom” reserved primarily for those Christians who use their faith as a rationale for violating the Constitution and civil rights protections. FLI’s founding president Kelly Shackelford was among the first on the Christian right to identify the post–Obergefell v. Hodges moment as the opening of a “a new war over religious freedom,” as he wrote in 2015. Within five years, he was declaring victory in that war. Shackelford said he was “watching history change on its axis,” marveling that groups like FLI were now suddenly prevailing—“because of what’s happening with the judges”—reflecting on, as Sarah Posner reported, the success their movement had putting millions of dollars into their crusade, using Trump’s power to stack the judiciary with their own.
Shackelford and FLI have continued to go to bat for the man who won for their side with “their” judges. They’ve even helped to substantiate Trump’s conspiracy theories about a stolen election: Shackelford joined a December 30, 2020, letter from a number of Christian-right groups that advanced Trump’s “fake electors” scheme to overturn the results of the 2020 presidential election, and asked Senate Republicans to contest legitimate electoral votes, claiming that there was “substantial evidence” of “large numbers of illegal votes” (which there was not). Today, FLI is part of a group preparing the way for Trump’s return, the 2025 Presidential Transition Project, an effort led by the Heritage Foundation. It is a plan for overhauling the government as they see fit, starting from day one; it’s authoritarian in scope and features a “top to bottom overhaul” of the Justice Department, including demands to prosecute anyone providing medication abortion by mail, as well as classifying as “sex offenders” those who distribute what the plan deems “pornography”—which it claims is “manifested today in the omnipresent propagation of transgender ideology and sexualisation of children.” It’s a project already in progress.
Little of this powerful backstory is apparent in the federal courthouse in Amarillo when Judge Kacsmaryk is at work. Likewise, it’s not immediately obvious what the Christian right of today, from its wealthy backers making martinis from glacier ice with Supreme Court justices, to its prayerful warriors engaged in combat outside the Capitol on January 6, has to do with Anthony Comstock. That man died in 1915, leaving behind less a legacy and more a joke in the periodic usage of the term Comstockery to denote censorious impulses. Matthew Kacsmaryk, on the other hand, was only born in 1977, and he will most likely have many more decades on the bench in service to the Christian right.
How much does it cost to buy a federal judge? How much to buy one willing to raise Anthony Comstock from the dead? I sincerely suspect Kacsmaryk might throw that summoning in for free.
Judge Rules That Donald Trump Committed Fraud While Building Real Estate Empire
Virginia Chamlee – September 27, 2023
The ruling allows a civil trial against Trump and his adult sons to move forward next week, and orders that some of the former president’s companies be dissolved
James Devaney/GC Images Donald Trump leaves Trump Tower in Manhattan on March 9, 2021
A New York judge ruled on Tuesday that Donald Trump lied on financial statements about the value of the properties in his real estate portfolio and was therefore able to secure favorable loan terms and lower insurance premiums.
In a 35-page ruling, Judge Arthur Engoron said that Trump and his organization had overvalued several of it’s properties, including the members-only Mar-a-Lago club in Palm Beach, Florida.
In court filings, Trump has pegged the property’s worth at between $426.5 million and $612.1 million. But Engoron cited a Palm Beach County assessor who appraised Mar-a-Lago’s market value to be between $18 million and $27.6 million — at least 2,300 percent less than what the former president has claimed.
In the ruling, the judge adds that some of the former president’s defenses — such as arguing that square footage is “subjective” — are “absurd.” The ruling further sanctions Trump’s attorneys $7,500 each for continuing to make legal arguments that had already been rejected in court twice, and requires that some LLCs associated with Trump be dissolved.
Tuesday’s ruling allows a civil trial into the outstanding claims (to be decided by the judge, with no jury) to begin next week.
The ruling came as part of a fraud case brought against the former president, his adult sons Eric Trump and Donald Trump Jr., and their company the Trump Organization, by New York State Attorney General Letitia James.
“Today, a judge ruled in our favor and found that Donald Trump and the Trump Organization engaged in years of financial fraud,” James said in a statement. “We look forward to presenting the rest of our case at trial.”
James has accused the Trumps and their company of fraudulently inflating the former president’s fortune by as much as $2.2 billion since 2011. The lawsuit aims to have Trump banned from doing business in New York and pay $250 million.
Engoron’s ruling alleges that the inflation of Mar-a-Lago’s worth is akin to fraud. From the ruling: “A discrepancy of this order of magnitude, by a real estate developer sizing up his own living space of decades, can only be considered fraud.”
Joe Raedle/Getty Donald Trump’s Mar-a-Lago resort in Palm Beach, Florida
An earlier court filing alleges that “correcting for these and other blatant and obvious deceptive practices engaged in by Defendants reduces Mr. Trump’s net worth by between 17-39% in each year, or between $812 million to $2.2 billion, depending on the year.”
The filing accused Trump of valuing several of his properties “at amounts that significantly exceeded professional appraisals of which his employees were aware and chose to ignore.” In one alleged instance, he valued his leased property on Wall Street at more than twice the amount of the appraised value.
Trump and his sons have both fired back at the recent ruling regarding the worth of Mar-a-Lago, with Eric claiming on Twitter: “Mar-a-Lago is speculated to be worth we’ll [sic] over a billion dollars.”
Trump himself also disputed the ruling, writing an angry missive on his social media site Truth Social in which he accused the judge of being “a Deranged, Trump Hating Judge, who RAILROADED this FAKE CASE through a NYS Court at a speed never seen before, refusing to let it go to the Commercial Division, where it belongs, denying me everything, No Trial, No Jury.”
Trump added that Mar-a-Lago is “WORTH POSSIBLY 100 TIMES” what Engoron cited in his ruling, adding: “My actual Net Worth is MUCH GREATER than the number shown on the Financial Statements, a BIG SURPRISE to him & the Racist A.G., Letitia James, who campaigned for office on a get Trump Platform.”
Since leaving office in January 2021, Trump’s post-White House prestige has been overshadowed by intensifying investigations on various fronts, including into his political conduct and business affairs.
“How you lose your democracy”: Shocking new research shows Americans lack basic civic knowledge
Chauncey DeVega – September 26, 2023
Mario Tama/Getty Images
Republicans are systematically eroding the basic civil rights of the American people. As we are seeing in other countries that are experiencing what experts describe as “democratic backsliding,” Republicans are doing this by undermining and corrupting America’s democratic institutions from within. If Republicans get their way, free speech, freedom of association, freedom of religion, freedom of assembly, equal protection under the law, the right to privacy, the right to vote, and other basic freedoms and rights will be severely restricted.
In an example of Orwellian Newspeak, Republicans present themselves as defenders of freedom, when they actually oppose it. More specifically, Republicans believe that freedom is the ability and power of a select group of White Americans (rich, white, “Christian” men) to take away and otherwise deny the rights and liberties of other Americans and people in this country they deem to be less than, second-class, not “real Americans” and the Other, such as Black and brown people, the LGBTQI community, women, non-Christians, and other targeted groups.
Unfortunately, many Americans are unaware of their basic constitutional and other guaranteed rights and liberties – and how the country’s democratic institutions are ideally supposed to function. How can the American people defend and protect their democracy and rights, if they lack such basic knowledge?
Such an outcome is not a coincidence: it is the intentional outcome of how the American right-wing and conservative movements have undermined high-quality public education for decades with the goal of creating a compliant public that lacks the critical thinking skills and knowledge to be engaged citizens. Now new research by the University of Pennsylvania’s Annenberg Public Policy Center provides insight into the extent of this crisis. Some of the Annenberg Constitution Day Civics Survey’s findings include:
[W]hen U.S. adults are asked to name the specific rights guaranteed by the First Amendment to the Constitution, only one right is recalled by most of the respondents: Freedom of speech, which 77% named.
Although two-thirds of Americans (66%) can name all three branches of government, 10% can name two, 7% can name only one, and 17% cannot name any.
I recently spoke with Matthew Levendusky, who is a Professor of Political Science, and the Stephen and Mary Baran Chair in the Institutions of Democracy at the Annenberg Public Policy Center, at the University of Pennsylvania, about this new research. His new book is “Our Common Bonds: Using What Americans Share to Help Bridge the Partisan Divide.”
In this conversation, he explains how America’s democracy crisis is connected to a lack of basic political knowledge and civic literacy, the role that education can play in equipping Americans to defend their democracy, and why contrary to what many “conservatives” like to believe, America is not a “republic”.
This interview has been lightly edited for clarity and length.
How you are feeling about the country’s democracy crisis, given your new research that shows a lack of basic civics knowledge among a large portion of the American public?
I am worried, with occasional glimmers of hope. But mostly I worry. Why? Our data show that people lack key civics knowledge, continuing a trend from recent years. A new report from Pew confirms what many suspected: Most Americans are fed up with government and don’t think it’s working. Those two things are deeply related.
To understand why, it’s helpful to take a step back and think about why civics matters, broadly speaking. The main reason is that we want people to understand how they can make their voices heard in our democracy. But you can’t make your voice heard if you don’t understand our system of government. For example, if you don’t know the three branches of government and their roles, then you won’t know why President Biden and Congress are sparring about spending, immigration, green energy, etc. If you don’t know what rights are protected by the First Amendment or what they mean, then you won’t understand why the government can’t censor the New York Times, but Facebook can make you take down a post that violates its community standards policy. If you don’t know which branch has the responsibility of determining whether a law is constitutional, you won’t understand why the Supreme Court and its rulings are so important and influential. In short, without some basic civic knowledge, you can’t even follow the news of the day to be an informed citizen. If you can’t do that, then you cannot know what to expect out of your government. That is not—at all—to say that a lack of knowledge is the root of dysfunction (it is not). But it is to say that they are related.
The concepts of civic literacy and engaged citizenship are not commonly discussed among the news media and general public. Can you explain those two concepts in more detail and why they matter?
What we can measure in a survey is civic literacy, which is your comprehension of basic facts about our system of government. So, for example, we ask if people know the three branches of government, what rights are protected by the 1st Amendment, who is responsible for determining the constitutionality of a law, and so forth. This gets at the pre-requisite knowledge you need to understand government and to participate in our system. But engaged citizenship—having people really how know to function in our governmental system, and make their voices heard—is the deeper goal.
This matters because we do not just want people to vote, we want them to cast an informed vote. This means, at a minimum, that they know where the candidates stand on the issues that matter to them, and they understand the office’s role in our democracy. For example, if you don’t know that the president is responsible for nominating Supreme Court justices who are then confirmed by the Senate, you won’t know to investigate the types of justices that a candidate might nominate. Likewise, if you don’t know the candidate’s positions (or have been misled about them), then you cannot effectively cast your vote on the issues that matters to you.
But even more importantly, we want people to participate in government more broadly. This can be many things: going to a community meeting (such as a school board meeting), volunteering for an election or civic activity (shout out to poll workers, the unsung heroes of democracy!), or working to solve problems in your community. For most of us, local participation is more important than national participation. Few people can meaningfully participate in national politics beyond voting (this is just as true of political scientists as it is of regular folks). But we can all participate locally, and for most of us, that is where we interface with government the most: local governments help pave our roads, police our streets, teach our children in schools, and so forth. What would this knowledge look like?
Take the case of Philadelphia. Here, the information needed to participate could be identifying your councilperson, knowing what they can resolve, and how to contact them. It could be knowing who controls the schools, and what are the roles of the mayor vs. the school board. You could also investigate what should be reported to 311 to get a response from a city agency, and what a registered community organization can help to address. These would differ from place to place, but the core idea is that it would help citizens see how they could uncover how the government can help them solve problems in their lives.
I went to a very good public school system. I remember taking social studies and civics courses. Obviously, given my career path, those courses and teachers had a great influence on me. Are such courses still taught today? What is their content?
Many states—including Pennsylvania—have civics requirements, and that’s helpful for teaching this sort of civic literacy. But it is on all of us, as citizens, to help the next generation learn how to participate more meaningfully in our democracy. Happily, there are so many great resources for those who need to do this. For example, the Civics Renewal Network provides thousands of free, non-partisan, high-quality learning materials about civics that anyone can use. For example, Annenberg Classroom provides 65 high-quality videos about various key Supreme Court decisions, as well as extensive materials about our system of government. While much of this is aimed at teachers, who can use it directly in their classrooms, parents and others could also make use of this material. [In full disclosure, both CRN and AC are part of the Annenberg Public Policy Center, but I would endorse their content even if I did not work there.]
If I could add something to civics education in our current moment, it would be teaching people skills on how to have conversations across lines of difference. This is something that I discuss in my new book, and I show can reduce animosity and improve understanding between the two sides.
What does this look like? There are many ways of doing this, but they tend to share a few things in common. These are conversations centered on genuinely listening to the other person and their point of view, what some scholars call “perspective getting” so you can understand why they believe what they believe. The goal is to understand those with whom you disagree, not to persuade them. This means asking probing questions and keeping an open mind. These are also conversations grounded in what Keith and Danisch call “strong civility,” basically the idea that we treat each other as political equals and respect the other person’s right to take part in the political process.
But this takes practice, and can be intimidating, so it’s something we all need help to do well. Happily, there are a number of groups working to do this, but it is a vital civic skill as well that we all should try to master.
What measures of political knowledge and civic literacy were used in the new research? What do those measures help to reveal (or not) about a person’s relationship to democratic citizenship and its demands and requirements?
Surveys like ours ask about the key ingredients of civic literacy. Do you know what the three branches of government are? Do you understand their roles? Do you know key rights guaranteed by the various key amendments? Do you know what a 5-4 Supreme Court decision means? And so forth. These are some of the benchmark pieces of information people need to know to be informed citizens.
And our survey—like many others—finds that many Americans do not. For example, one-third do not know the three branches of government. While most people know that the First Amendment to the Constitution protects freedom of speech, they don’t know the other rights protected by it (freedom of the press, freedom of religion, right to petition the government, and right to peaceably assembly). And even though most people know that free speech is protected by the First Amendment, they don’t understand what that means: roughly half think (incorrectly) that it requires Facebook to let you say whatever you’d like on its platform.
This sort of lack of basic information is quite troubling, as it highlights that citizens lack that core civic literacy.
Many Americans do not have a basic understanding of politics and government. Yet, we are also in an era of 24/7 news media and the Internet. The high levels of civic ignorance and lack of knowledge among the American people is an indictment of our country’s political culture, political elites and the news media, the educational system, and other key agents of political socialization.
This is why the well-documented decline of local media is so important. If you like politics, there’s never been a better time to be alive. You can read Politico, First Branch Forecast, subscribe to Ezra Klein’s podcast, etc. You can consume politics all day, every day. But if you don’t like politics (and most Americans do not!), it’s never been easier to avoid it, so scholars have found that civic knowledge similarly polarizes based on political interest.
In the days of a robust local media, that was less pronounced: if you subscribed to the local paper to get the sports scores, you also flipped past some national stories, and at least glanced at them. Now, you don’t even get this sort of by-product coverage. This is especially consequential for coverage of sub-national politics. All of the sources I discussed above focus on national politics, covering the minutiae of the debates between McConnell, Schumer, Biden, and so forth. But there is far less attention to state and local issues, and indeed, there are just far fewer reporters covering that today than a generation ago.
Given that the business model of local journalism has collapsed, I don’t have a great solution to this problem, but it is an important one that many scholars are working to solve.
As a function of a deep hostility to real multiracial pluralistic democracy, there is a right-wing talking point that America is actually a “republic” and not a “democracy”. Of course, this is not true. What intervention would you make against that disinformation and propaganda?
As someone who has taught core undergraduate American politics classes at Penn for many years, this is a perennial question that comes up every year. When people ask which is right—are we a republic or a democracy—the correct answer is that we’re both.
For the Founders, “democracy” meant some sort of direct democracy, where the people themselves rule. Functionally, that doesn’t exist anywhere in the modern world, at least not at scale (the closest we get are ballot initiatives and referenda in some states). But we have elements of that spirit animating our government today, most notably when we talk about the “will of the people” and public opinion, which is central to our modern understanding of how our government functions.
But we are also a republic, where it is not just what the people want directly that matters, but how that is filtered through our institutions that shapes outcomes (the Electoral College being perhaps the most striking element of that). I try to emphasize to students that our system has both elements, the key is to harness the best of both without succumbing too much to their weaknesses.
Imagine that you are a doctor of American democracy. What is your diagnosis and prognosis for the patient in this time of crisis? How does your new research (and related work of course) help to inform your conclusion(s)?
Like many others, I fear for our system, and there are real signs of trouble for American democracy. What, then, is to be done? The first, I think, is to put pressure on elites to a bulwark against backsliding. As many scholars—myself included—have shown, backsliding is more the fault of elites than voters (i.e., it is less about voters demanding elites break norms than it is elites breaking norms that voters then rationalize as unimportant). Our job as citizens is to demand better of them. In 2020, despite real threats—including January 6th—the guardrails of democracy held. They need to be strengthened and reinforced to ensure that they can continue to flourish.
At the outset, I said that I occasionally see glimmers of hope. Those glimmers are the people who are working to make our democracy better. They are working to help us better understand one another, build bridges, and make America live up to its founding promises to all Americans, not just some of them. That is hard, difficult work. But it is the work we need at this moment.
Trump’s threats to Milley fuel fears he’ll seek vengeance in second term
Brad Dress – September 27, 2023
Former President Trump’s violent rhetoric toward Gen. Mark Milley is raising fears he will use a second term in the Oval Office to seek retribution against his enemies.
Trump suggested Friday that Milley, the chairman of the Joint Chiefs of Staff who is stepping down from his post at the end of the week, deserves the death penalty for allegedly betraying him and committing an act of treason.
The threat came just days after Milley warned that if Trump wins the presidency in 2024, he would enact vengeance against those he felt have done him wrong.
And Milley believes he is at the top of that revenge list.
“He’ll start throwing people in jail, and I’d be on the top of the list,” Milley told The Atlantic in a profile of the four-star general published last week.
Kristy Parker, a legal counsel at Protect Democracy who leads litigation on abuses of power and interference with government functions, said Trump’s comments about Milley are “deeply troubling” for American democracy.
“Even just the threats have an incredibly chilling effect on public actors’ ability to do the jobs we need them to do to have a functional democracy,” she said.
“Trump has shown and talked about weaponizing the Justice Department to retaliate against people who he perceives as his enemies and he did, in fact, do that to people when he was president the first time.”
The Trump-Milley feud has simmered for years, with the two clashing over the military’s role in the 2020 racial justice protests and the Jan. 6, 2021, attack on the U.S. Capitol.
But long after the administration ended, Milley remains at the top of Trump’s mind as books and articles have documented steps the general says he took to protect against Trump’s erratic behavior.
Last week’s death threat stems from reports that at the end of his presidency, Milley reassured Chinese officials there would be no threat to Beijing in the final days of Trump’s administration, according to the 2021 book “Peril” by journalists Bob Woodward and Robert Costa.
The communication has long infuriated Trump, who took to Truth Social last week to condemn Milley’s years of service as “treasonous” ahead of his retirement from the Joint Chiefs later this week.
“[Milley] was actually dealing with China to give them a heads up on the thinking of the President of the United States,” he posted. “This is an act so egregious that, in times gone by, the punishment would have been DEATH!”
Peter Feaver, a civil-military relations scholar who recently published a new book on public confidence in the military, said Trump is so enraged by Milley because of these public accounts portraying the general as a protector against his presidency.
Feaver said Trump’s quest to castigate Milley is also designed to warn other potential critics from speaking out. He said the strategy has damaged the civilian-military relationship and could backfire on Trump and his allies.
“Trump thinks he can just personalize this to Milley,” said Feaver. “But he’s failing to understand how this is going to be corrosive of civil-military relations more generally [because …] if they haven’t done something wrong and you’re punishing them, then you get a perverse civil-military relationship.”
The spat is the second time this year their feud has come into the spotlight. Trump has also lobbed accusations at Milley over Iran, disputing claims that the general moved to ensure he wouldn’t attack the country and arguing Milley was the one who recommended an attack.
But Milley is not the only one in Trump’s crosshairs: Former Attorney General Bill Barr and former Defense Secretary Mark Esper have also drawn his ire.
Former New Jersey Gov. Chris Christie wrote on X, formerly Twitter, that Esper, Barr and Milley were all once “praised by Trump” but are “now all regularly attacked by Trump because they had the nerve to put the country ahead of him.”
“What kind of person threatens execution on a third-tier social media site? A sad and disturbed person who has no place being near the White House, let alone living inside it,” said Christie, a Republican presidential candidate challenging Trump.
Esper told CNN that Milley “deserves praise and thanks” and “does not deserve what he is receiving from President Trump right now.”
Referring to the China conflict, Esper said after the 2020 election, he told Chinese officials the U.S. was steady and directed Milley to send a similar message to his Chinese counterpart.
Esper said the way Milley’s main offense was offering “candid, frank advice” did not comport with Trump’s expectations.
“He wants to find ‘yes’ men in his office,” Esper said.
“The president has also said that a second term would be about retribution, right? So, I think these are all legitimate concerns,” he later added.
While experts agree Trump would have no case to prosecute Milley for treason, the death threats alone are already alarming advocacy groups.
Abe Bonowtiz, the founder of Death Penalty Action, an organization working to abolish the death penalty, said, “Trump has an unhealthy addiction for the dictatorial power to execute political rivals.”
“The death penalty is a very serious matter,” he said in a statement, “and it’s being tossed around as a political tool by Republican presidential candidates, which should concern everyone.”
Judge rules Donald Trump defrauded banks, insurers while building real estate empire
By Michael R. Sisak – September 26, 2023
FILE – Former President Donald Trump pauses before ending his remarks at a rally in Summerville, S.C., Sept. 25, 2023. A New York judge ruled, Tuesday, Sept. 26, 2023, that the former president and his company committed fraud for years while building the real estate empire that catapulted him to fame and the White House. (AP Photo/Artie Walker Jr., File)
NEW YORK (AP) — A judge ruled Tuesday that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House.
Judge Arthur Engoron, ruling in a civil lawsuit brought by New York’s attorney general, found that the former president and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.
Engoron ordered that some of Trump’s business licenses be rescinded as punishment, making it difficult or impossible for them to do business in New York, and said he would continue to have an independent monitor oversee the Trump Organization’s operations.
A Trump spokesperson did not immediately respond to a request for comment on the ruling. Trump has long insisted he did nothing wrong.
The decision, days before the start of a non-jury trial in Attorney General Letitia James’ lawsuit, is the strongest repudiation yet of Trump’s carefully coiffed image as a wealthy and shrewd real estate mogul turned political powerhouse.
Beyond mere bragging about his riches, Trump, his company and key executives repeatedly lied about them on his annual financial statements, reaping rewards such as favorable loan terms and lower insurance premiums, Engoron found.
Those tactics crossed a line and violated the law, the judge said, rejecting Trump’s contention that a disclaimer on the financial statements absolved him of any wrongdoing.
“In defendants’ world: rent regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land; restrictions can evaporate into thin air; a disclaimer by one party casting responsibility on another party exonerates the other party’s lies,” Engoron wrote in his 35-page ruling. “That is a is a fantasy world, not the real world.”
Manhattan prosecutors had looked into bringing a criminal case over the same conduct but declined to do so, leaving James to sue Trump and seek penalties that could disrupt his and his family’s ability to do business in the state.
Engoron’s ruling, in a phase of the case known as summary judgment, resolves the key claim in James’ lawsuit, but six others remain.
Engoron is slated to hold a non-jury trial starting Oct. 2 before deciding on those claims and any punishments he may impose. James is seeking $250 million in penalties and a ban on Trump doing business in New York, his home state. The trial could last into December, Engoron has said.
Trump’s lawyers had asked the judge to throw out the case, which he denied. They contend that James wasn’t legally allowed to file the lawsuit because there isn’t any evidence that the public was harmed by Trump’s actions. They also argued that many of the allegations in the lawsuit were barred by the statute of limitations.
Engoron, noting that he had “emphatically rejected” those arguments earlier in the case, equated them to the “time-loop in the film ‘Groundhog Day.’”
James, a Democrat, sued Trump and the Trump Organization a year ago, alleging a pattern of duplicity that she dubbed “the art of the steal,” a twist on the title of Trump’s 1987 business memoir “The Art of the Deal.”
The lawsuit accused Trump and his company of routinely inflating the value of assets like skyscrapers, golf courses and his Mar-a-Lago estate in Florida, padding his bottom line by billions.
Among the allegations were that Trump claimed his Trump Tower apartment in Manhattan — a three-story penthouse replete with gold-plated fixtures — was nearly three times its actual size and valued the property at $327 million. No apartment in New York City has ever sold for close to that amount, James said.
Trump valued Mar-a-Lago as high as $739 million — more than 10 times a more reasonable estimate of its worth. Trump’s figure for the private club and residence was based on the idea that the property could be developed for residential use, but deed terms prohibit that, James said.
Trump has denied wrongdoing, arguing in sworn testimony for the case that it didn’t matter what he put on his financial statements because they have a disclaimer that says they shouldn’t be trusted. He told James at the April deposition, “You don’t have a case and you should drop this case.”
“Do you know the banks were fully paid? Do you know the banks made a lot of money?” Trump testified. “Do you know I don’t believe I ever got even a default notice, and even during COVID, the banks were all paid? And yet you’re suing on behalf of banks, I guess. It’s crazy. The whole case is crazy.”
Engoron rejected that argument when the defense previously sought to have the case thrown out.
The judge said the disclaimer on the financial statements “makes abundantly clear that Mr. Trump was fully responsible for the information contained within” them and that “allowing blanket disclaimers to insulate liars from liability would completely undercut” the “important function” that such statements serve “in the real world.”
James’ lawsuit is one of several legal headaches for Trump as he campaigns for a return to the White House in 2024. He has been indicted four times in the last six months — accused in Georgia and Washington, D.C., of plotting to overturn his 2020 election loss, in Florida of hoarding classified documents, and in Manhattan of falsifying business records related to hush money paid on his behalf.
The Trump Organization was convicted of tax fraud last year in an unrelated criminal case for helping executives dodge taxes on extravagant perks such as Manhattan apartments and luxury cars. The company was fined $1.6 million. One of the executives, Trump’s longtime finance chief Allen Weisselberg, pleaded guilty and served five months in jail. He is a defendant in James’ lawsuit and gave sworn deposition testimony for the case in May.
James’ lawsuit does not carry the potential of prison time, but could complicate his ability to transact real estate deals. It could also stain his legacy as a developer.
James has asked Engoron to ban Trump and his three eldest children from ever again running a company based New York. She also wants Trump and the Trump Organization barred from entering into commercial real estate acquisitions for five years, among other sanctions. The $250 million in penalties she is seeking is the estimated worth of benefits derived from the alleged fraud, she said.
James, who campaigned for office as a Trump critic and watchdog, started scrutinizing his business practices in March 2019 after his former personal lawyer Michael Cohen testified to Congress that Trump exaggerated his wealth on financial statements provided to Deutsche Bank while trying to obtain financing to buy the NFL’s Buffalo Bills.
James’ office previously sued Trump for misusing his own charitable foundation to further his political and business interests. Trump was ordered to pay $2 million to an array of charities as a fine and the charity, the Trump Foundation, was shut down.
Hutchinson was a top aide to Mark Meadows, then Trump’s chief of staff. She planned to continue working for Trump at Mar-a-Lago after his term ended, she wrote in her book “Enough.”
But despite her loyalty, Meadows told Hutchinson two days before leaving the White House that Trump suspected her of leaking to the press the names of people joining him in Florida, which she denied.
“My frustration turned to rage. ‘Mark, you can go to hell if you think that,’” Hutchinson wrote. “That night I went home and unpacked, trying to let the news sink in that I wasn’t moving to Florida.”
Instead, Hutchinson became the most revelatory witness during the House’s investigation of Jan. 6 hearings and her book provides an explanation for the actions behind Trump’s criminal charges.
Anecdotes include how Meadows’ wife complained to her about the campfire smell of his burning papers. Rudy Giuliani allegedly groped her at Trump’s Jan. 6 rally. And her observations foreshadowed criminal charges Trump would face over the handling of classified documents and trying to overturn the 2020 election.
Here are five takeaways from the book:
Giuliani approached ‘like a wolf closing in on its prey,” Hutchinson wrote
The book largely tracks the testimony Hutchinson delivered before the House committee that investigated Jan. 6. But one revelation was her accusation that Giuliani, Trump’s chief campaign lawyer, groped her at the president’s Jan. 6 rally near the White House. Giuliani has denied the allegation.
Hutchinson wrote that she was in a tent with Giuliani and another campaign lawyer who spoke at the rally, John Eastman, who had a “Cheshire cat smile.” Giuliani approached her “like a wolf closing in on its prey,” Hutchinson wrote.
Giuliani complimented her leather jacket, which she told him was faux leather, and he wrapped his arm around her body, Hutchinson wrote.
“His hand slips under my blazer, then my skirt,” Hutchinson wrote. “I feel his frozen fingertips trail up my thigh. He tilts his chin up. The whites of his eyes looked jaundiced. My eyes dart to John Eastman, who flashes a leering grin.”
Hutchinson wrote that she recoiled and stormed away in a rage.
“The claims are absolutely false, totally absurd,” Giuliani said.
Meadows’ wife said his suits ‘smell like a bonfire’ from burning documents, Hutchinson wrote
Meadows was burning so much paperwork in his office fireplace during the final weeks of the administration that Hutchinson wrote she was worried he would set off the smoke detectors.
Hutchinson propped open the door to a patio despite the chill on Dec. 19, 2020, she wrote.
The Presidential Records Act requires White House staffers to preserve their documents and send them to the National Archives. Copies and personal documents were supposed to be destroyed in burn bags, she wrote.
“I do not know precisely what papers Mark was burning, but his actions raised alarms,” she wrote. “Even if he was burning copies, he was still toeing a fine line of what should be preserved, under the law.”
Meadows’ wife Debbie, who helped pack his belongings when leaving the White House, asked Hutchinson and another staffer not to light the fireplace any more.
“All of his suits smell like a bonfire and I can’t keep up with his dry cleaning,” Hutchinson quoted Debbie Meadows as saying.
Hutchinson compares White House on Jan. 6 to Titanic
Hutchinson breaks little new ground in the book from her testimony before the committee. But her eye for detail is often amusing, such as when she notices when arriving at the rally Jan. 6 the loudspeakers are playing “My Heart Will Go On,” from the movie “Titanic.”
“The ship is the White House,” Hutchinson tells a friend, who replies: “And we’re in steerage.”
The book echoed her testimony from her House testimony:
Hutchinson couldn’t hear what the fight was about Dec. 18, 2020, but the raised voices erupting from the Oval Office were “highly unusual.” According to the House Committee that investigated the Jan. 6 Capitol riot, Michael Flynn, the former national security adviser, and lawyer Sidney Powell, among others, were urging Trump to seize voting machines, which White House lawyers opposed. “The screaming was much louder than I anticipated,” Hutchinson wrote.
Hutchinson also recited an exchange Jan. 6, 2021, with Tony Ornato, then-deputy of staff and a Secret Service official. Ornato described an “irate” Trump demanding to be taken to the Capitol in his vehicle nicknamed “the Beast,” before Secret Service agent Bobby Engel rebuffed him, Hutchinson wrote. Ornato described Trump “grabbing for the steering wheel, and then for Bobby’s neck,” Hutchinson wrote.
Hutchinson’s observations about classified documents, Jan. 6 foreshadow criminal charges against Trump
Hutchinson foreshadows the criminal charges against Trump.
At one point, Meadows scolds her for storing classified binders about Crossfire Hurricane, an FBI investigation of Russian interference in the 2016 election, in a safe rather than in her desk drawer as he instructed, Hutchinson wrote.
Meadows asked her to coordinate declassification of documents during the final month of the administration, she wrote. She described carrying armloads of classified documents around White House offices, despite not holding a security clearance to deal with them.
“When I got to Florida, I reminded myself, I would have a fresh opportunity to restore order so the president would be better served,” Hutchinson wrote.
Meadows arranged the call Jan. 2, 2021, when Trump asked Georgia Secretary of State Brad Raffensperger to “find” enough votes for him to the win the state. After the call, White House counsel Pat Cipollone appeared at Meadows’ office and said: “That call was not good,” Hutchinson wrote.
Meadows has pleaded not guilty to the charges of conspiracy and to asking Raffensperger to violate his oath of office. His lawyers contend the “kerfuffle” about his trip to Georgia was based on discharging his official duties.
Hutchinson dedicates book to lawyers who represented her for free
The book is dedicated to Hutchinson’s pro bono lawyers rather than to her parents or others.
She was initially represented in the congressional investigation of Jan. 6 by a lawyer arranged by former White House aides: Stefan Passantino. But she worried about misleading the committee with incomplete answers about what she saw, as she eventually testified to the committee.
Passantino never told her to lie, as she testified and writes in the book. He sought to keep her testimony brief and uneventful. But Hutchinson feared what would happen if she left out important information as the committee called her back for a third deposition, such as about Trump wanting to visit the Capitol.
“Liz Cheney zeroed in on how I knew what had been said in the Beast: ‘So who relayed to you the conversation that happened in the Beast?’” Hutchinson wrote. “I froze. I thought for certain she had heard that something eventful had happened, and she suspected I knew what it was.”
Hutchinson worried she had lied to the committee by not explaining more fully. As she cast about for a new lawyer, Bill Jordan and Jody Hunt of Alston & Bird volunteered to represent her for free.
“Well, Cassidy, it looks like you’ve had quite the adventure the last few years,” Jordan told her, according to her book.
There have always been two Americas. One based in religious zeal, mythology, and inequality; and one grounded in rule of the people and the pursuit of equality. This next election may determine which one prevails.
I.
The Crisis Upon Us
America is at a crossroads.
A country that once stood as the global symbol of democracy has been teetering on the brink of authoritarianism.
How did this happen? Is the fall of democracy in the United States inevitable? And if not, how can we reclaim our democratic principles?
This crisis in American democracy crept up on many of us. For generations of Americans, grainy news footage from World War II showing row upon row of Nazi soldiers goose-stepping in military parades tricked us into thinking that the Adolf Hitlers of the world arrive at the head of giant armies. So long as we didn’t see tanks in our streets, we imagined that democracy was secure. But in fact, Hitler’s rise to absolute power began with his consolidation of political influence to win 36.8 percent of the vote in 1932, which he parlayed into a deal to become German chancellor. The absolute dictatorship came afterward.
Democracies die more often through the ballot box than at gunpoint.
But why would voters give away their power to autocrats who inevitably destroy their livelihoods and sometimes execute their neighbors?
In the aftermath of World War II, scholars invested a great deal of energy in trying to explain how, in the 1930s, ordinary Germans whose constitution was one of the most democratic in the world had been persuaded to stand behind a fascist government whose policies led to the destruction of cities, made millions homeless, and created such a shortage of food that Germans were eking by on less than 1,500 calories a day. That government also ultimately murdered six million Jews and millions more Slavs, Roma, sexual minorities, disabled individuals, and dissenters.
Social scientists noted that the economic and political instability in Germany after World War I was crucial for Hitler’s rise. But it took writers, philosophers, and historians to explain how authoritarians like Hitler harnessed societal instability into their own service.
The key to the rise of authoritarians, they explained, is their use of language and false history.
Authoritarians rise when economic, social, political, or religious change makes members of a formerly powerful group feel as if they have been left behind. Their frustration makes them vulnerable to leaders who promise to make them dominant again. A strongman downplays the real conditions that have created their problems and tells them that the only reason they have been dispossessed is that enemies have cheated them of power.
Such leaders undermine existing power structures, and as they collapse, people previously apathetic about politics turn into activists, not necessarily expecting a better life, but seeing themselves as heroes reclaiming the country. Leaders don’t try to persuade people to support real solutions, but instead reinforce their followers’ fantasy self-image and organize them into a mass movement. Once people internalize their leader’s propaganda, it doesn’t matter when pieces of it are proven to be lies, because it has become central to their identity.
As a strongman becomes more and more destructive, followers’ loyalty only increases. Having begun to treat their perceived enemies badly, they need to believe their victims deserve it. Turning against the leader who inspired such behavior would mean admitting they had been wrong and that they, not their enemies, are evil. This, they cannot do.
Having forged a dedicated following, a strongman warps history to galvanize his base into an authoritarian movement. He insists that his policies—which opponents loathe—simply follow established natural or religious rules his enemies have abandoned. Those rules portray society as based in hierarchies, rather than equality, and make the strongman’s followers better than their opponents. Following those “traditional” rules creates a clear path for a nation and can only lead to a good outcome. Failing to follow them will lead to terrible consequences.
Those studying the rise of authoritarianism after World War II believed these patterns were universal. Yet scholars in the United States noted that while countries around the world were falling to authoritarianism in the 1930s, the United States, sailing between the siren songs of fascism on the one side and communism on the other, had somehow avoided destruction.
This was no small thing. The United States was as rocked as any country by economic trouble and the collapse of authority it revealed and, in the 1930s, it had its own strong fascist movement with prominent spokespeople. Things had gone so far that in February 1939, in honor of President George Washington’s birthday, Nazis held a rally at New York City’s Madison Square Garden. More than twenty thousand people showed up for the “true Americanism” event, held on a stage that featured a huge portrait of Washington in his Continental Army uniform flanked by swastikas.
And yet, just two years later, Americans went to war against fascism. Within six years the United States was leading the defense of democracy around the world, never perfectly—indeed, often quite badly—but it had rejected authoritarianism in favor of the idea that all people are created equal.
Scholars studying the U.S. suggested that Americans were somehow different from those who had fallen to authoritarianism. They were too practical, too moderate, to embrace political extremes. They liked life in the middle.
II.
The Two Warring Visions of Society
It was a lovely thought, but it wasn’t true.
America took a different course in the 1930s not because Americans were immune to authoritarianism, but because they rallied around the language of human self-determination embodied in the Declaration of Independence.
They chose to root the United States not in an imagined heroic past, but in the country’s real history: the constant struggle of all Americans, from all races, ethnicities, genders, and abilities, to make the belief that we are all created equal and that we have a right to have a say in our democracy come true. People in the United States had never lost sight of the promise of democracy because marginalized people had kept it in the forefront of the national experience. From the very first days of the new nation, minorities and women had consistently, persistently, and bravely insisted on their right to equality before the law and to a say in their government.
In the 1930s their insistence translated into a defense of democracy around the world. President Franklin Delano Roosevelt clearly and repeatedly spelled out the difference between a society based on the idea that all people are equal and a society based on the idea that some people are better than others and have a right to rule.
Americans chose a free future by choosing a principled past. But they could have chosen differently.
In the 1930s the struggle between equality and inequality took shape as a fight between democracy and fascism. But while fascism was a newly articulated ideology in that era, the thinking on which it was based—that some people are better than others—had deep roots in the United States. From the nation’s beginning, the Founders’ embrace of equality depended on keeping women, Black Americans, and other people of color unequal.
That paradox had in it the potential for the rhetoric that authoritarians use, and in the past, those determined to undermine democracy have indeed gone down that road. Whenever it looked as if marginalized people might get an equal voice, designing political leaders told white men that their own rights were under attack. Soon, they warned, minorities and women would take over and push them aside.
Elite enslavers had done this in the 1850s and had come close to taking over the country. “We do not agree with the authors of the Declaration of Independence, that governments ‘derive their just powers from the consent of the governed,’” enslaver George Fitzhugh of Virginia wrote in 1857. “All governments must originate in force, and be continued by force.” There were 18,000 people in his county and only 1,200 could vote, he said, “but we twelve hundred … never asked and never intend to ask the consent of the sixteen thousand eight hundred whom we govern.”
During the Civil War, the majority of Americans worked to defeat the enslavers’ new definition of the United States. But the thinking behind the Confederacy—that people are inherently unequal and some should rule the rest—persisted.
During the Civil War, the majority of Americans worked to defeat the enslavers’ new definition of the United States. Their victory on the battlefields made them think they had made sure that “government of the people, by the people, for the people, shall not perish from the earth.”
But the thinking behind the Confederacy—that people are inherently unequal and some should rule the rest—persisted.
That thinking has once again brought us to a crisis. In the years after 1980, a political minority took over Congress, the state legislatures, the courts, and the Electoral College, and by 2016 the Economist Intelligence Unit had downgraded the U.S. from a “full democracy” to a “flawed democracy.” By 2021, warnings had become more dire. Freedom House, a nonprofit that charts the health of democracies internationally, “urgently” called for reforms after a decade in which “US democracy has declined significantly.”
The election and then the presidency of Donald Trump hastened that decline. When the nation’s rising oligarchy met a budding authoritarian, the Republican Party embraced the opportunity to abandon democracy with surprising ease. In the four years of Trump’s presidency, his base began to look much like the one post–World War II scholars had identified: previously apathetic citizens turned into a movement based in heroic personal identity. Trump discarded the idea of equality before the law and scoffed at the notion that Americans had the right to choose their government. He and his followers embraced the false past of the Confederates and insisted they were simply trying to follow the nation’s traditional principles. Eventually, they tried to overturn the results of the 2020 presidential election to stay in power. And even after Trump had tried to undermine the principle of self-government on which the United States was founded, his followers stayed loyal.
Those justifying their embrace of authoritarianism as the future of government in the twenty-first century say that democracy is obsolete. Some argue that popular government responds too slowly to the rapid pace of the modern world and that strong countries need a leader who can make fast decisions without trying to create a consensus among the people.
Critics of liberal democracy say that its focus on individual rights undermines the traditional values that hold societies together, values like religion and ethnic or racial similarities. Religious extremists have tried to tie their destruction of democracy into our history by insisting that the Founders believed that citizens must be virtuous, and that religion alone can create virtue. By this line of thought, imposing religious values on our country is exactly what the Founders intended.
I don’t buy it.
The concept that humans have the right to determine their own fate remains as true today as it was when the Founders put that statement into the Declaration of Independence, a statement so radical that even they did not understand its full implications. It is as true today as it was when FDR and the United States stood firm on it. With today’s increasingly connected global world, that concept is even more important now than it was when our Founders declared that no one had an inherent right to rule over anyone else, that we are all created equal, and that we have a right to consent to our government.
III.
Reclaiming Our Country
When Americans elected Democratic President Joe Biden in 2020, he made it clear that he intended to defend American democracy from rising authoritarianism. Throughout his campaign, he focused on bringing people in the center-right and center-left together, just as scholars of authoritarianism have called for. Biden ignored Trump and pledged to work with Republicans who believe in “the rule of law and not the rule of a single man.”
On January 6, 2022, the one-year anniversary of the attack on the U.S. Capitol and on the right of Americans to choose their leaders, Biden explicitly defended traditional American values.
“Those who stormed this Capitol and those who instigated and incited and those who called on them to do so” acted “not in service of America, but rather in service of one man” who “has created and spread a web of lies about the 2020 election … because he values power over principle, because he sees his own interests as more important than his country’s interests and America’s interests, and because his bruised ego matters more to him than our democracy or our Constitution,” Biden told the American people. He urged Americans not to succumb to autocracy, but to come together to defend our democracy, “to keep the promise of America alive,” and to protect what we stand for: “the right to vote, the right to govern ourselves, the right to determine our own destiny.”
Once sworn into office, Biden set out to demonstrate that the government could work for ordinary people. In his first two years in office, with a slender majority in the House of Representatives and a Senate split 50–50, the Democrats managed to pass historic legislation that echoed that of FDR and LBJ, shoring up the economy, rebuilding the country’s infrastructure, and investing in the future, trying to bring the disaffected Americans who had given up on democracy back into the fold. Biden’s domestic program expanded liberalism to meet the civil rights demands of our time just as Abraham Lincoln, Theodore Roosevelt, FDR, and LBJ had each expanded liberalism to meet the challenges of westward expansion, industrialization, globalization, and anti-colonialism.
Biden knew that defending democracy at home meant strengthening it internationally. In his first speech to the State Department, on February 4, 2021, he emphasized that once again, “America’s most cherished democratic values” would be at the center of American diplomacy: “defending freedom, championing opportunity, upholding universal rights, respecting the rule of law, and treating every person with dignity.”
The power of that defense became clear in February 2022, when Vladimir Putin launched a new invasion of Ukraine. Putin was stymied by Ukraine’s soldiers, who had trained hard in the eight years since the first Russian invasion, and by an international community that refused to recognize Russia’s land grab, imposed strict and coordinated sanctions, and provided Ukraine with money, intelligence, and weapons. This community stood together in no small part thanks to Biden and Secretary of State Antony J. Blinken, and the strength in that cooperation discredited the argument that autocracy was more efficient and powerful than democracy.
But despite the emerging defense of democracy, Trumpism did not die. Trump and his loyalists continued to insist he had won the 2020 election, while extremists like newly elected Georgia Representative Marjorie Taylor Greene, who has endorsed the idea that some Democratic politicians should be executed, told a right-wing newspaper that there was no difference between establishment Republicans and Democrats. She said she was eager to bring more action-oriented people like her to Congress to help Trump with his plan, “whenever he comes out with [it].”
Establishment leaders swung behind the Trump faction, especially after June 2022, when the Supreme Court, packed by then–Senate Majority Leader Mitch McConnell with three extremist judges, ignored the precedent they had promised to respect and overturned the 1973 Roe v. Wade decision legalizing abortion.
Republican leaders went on to challenge many of the court decisions protecting the liberal consensus government in place since the 1930s. If the Fourteenth Amendment did not protect abortion, the other civil rights it protected were on the table, including gay marriage, the right to contraception, and perhaps even desegregation. Also on the table was the government regulation of business.
Meanwhile, Trump’s political star had begun to fall as his legal and financial troubles mounted in the years after the election. But he had radicalized the Republican Party, and Republican governors competed to pick up his voters. Unlike Trump in 2016, though, they made no pretense of embracing the Reagan Republican ideology of free markets: Florida Governor Ron DeSantis, for instance, openly used the power of his office to reward political friends and punish those he perceived as his enemies and to manufacture anti-immigrant and anti-LGBTQ sentiment, much as Putin and Viktor Orbán had done before him. Right-wing thinkers began to argue openly that democracy and its values—equality before the law, separation of church and state, an independent press, academic freedom, and free markets—have undermined the human virtue of the past and must be stamped out.
Crucially, those efforts depended on maintaining the right-wing myth that American history was rooted in a pure past that their opponents were destroying. Early in Biden’s term, Republican operatives manufactured outrage over the alleged teaching of critical race theory in public schools. That legal theory, designed to explain why the laws of the 1960s hadn’t created the equality they promised, was an upper-level law school elective that had never actually been taught in public schools. Republican-dominated legislatures passed laws forbidding teachers from teaching “CRT” or any lesson suggesting that the American system might ever have had systemic inequalities, or even lessons that might make some people—by which they meant white people—uncomfortable. Hand in hand with that censorship went a surge in book banning from the public schools and from some public libraries, with most of the banned books written by or about Black or LGBTQ people.
A history that looks back to a mythologized past as the country’s perfect time is a key tool of authoritarians. It allows them to characterize anyone who opposes them as an enemy of the country’s great destiny.
But the true history of American democracy is that it is never finished. It is the story of people who have honored the idea that a nation can be based not in land or religion or race or hierarchies, but rather in the concept of human equality.
But the true history of American democracy is that it is never finished. It is the story of people who have honored the idea that a nation can be based not in land or religion or race or hierarchies, but rather in the concept of human equality. That commitment, along with its corollary—that we have a right to consent to our government, which in turn should act in our interest—has brought us our powerful history of people working and sacrificing to bring those principles to life. Reclaiming our history of noble struggle reworks the polarizing language that has done us such disservice while it undermines the ideology of authoritarianism.
In 1776, with all their limitations, the Founders proposed that it was possible to create a nation based not in religion or race or hierarchies of wealth or tradition, but in the rule of law. It was possible, at least in principle, they thought, to bring widely different peoples together in a system in which every person was equal before the law and entitled to a voice in government. They set out to show that it could be done.
That theory was never unchallenged. In the 1850s, a reactionary and wealthy minority tried to get rid of it altogether, insisting that true “democracy” centered power in the state governments that they controlled.
But that story didn’t end as the elite enslavers wished.
Men like Abraham Lincoln recognized that such a struggle was not just about who got elected to the White House. It was the story of humanity, “the eternal struggle between these two principles—right and wrong—throughout the world.” Lincoln made it clear that those who wanted the right to self-determination had always had to struggle—and would always have to struggle—against those who wanted power. “The one is the common right of humanity and the other the divine right of kings. It is the same principle in whatever shape it develops itself,” he said. “No matter in what shape it comes, whether from the mouth of a king who seeks to bestride the people of his own nation and live by the fruit of their labor, or from one race of men as an apology for enslaving another race, it is the same tyrannical principle.”
When Lincoln said those words in 1858, it was not at all clear his vision would prevail. But he had hope because, after decades in which they had not noticed what the powerful were doing to destroy democracy, Americans had woken up. They realized that the very nature of America was under attack. They were divided among themselves, and at first they didn’t really know how to fight back, but ordinary people quickly came to pitch in however they could, using the tools they had. “We rose each fighting, grasping whatever he could first reach—a scythe—a pitchfork—a chopping axe, or a butcher’s cleaver,” Lincoln recalled. Once awake, they found the strength of their majority.
In Lincoln’s era, democracy appeared to have won. But the Americans of Lincoln’s time did not root out the hierarchical strand of our history, leaving it there for other rising autocrats in the future to exploit with their rhetoric and the fears of their followers.
So far, the hopes of our Founders have never been proven fully right. And yet they have not been proven entirely wrong.
Once again, we are at a time of testing.
How it comes out rests, as it always has, in our own hands.
This excerpt has been edited for length and clarity.
Heather Cox Richardson is professor of history at Boston College and an expert on American political and economic history. The author of seven books, she also writes “Letters From an American,” a daily chronicle of American politics.
‘Full fascist’ Trump condemned after ‘treason’ rant against NBC and MSNBC
Martin Pengelly in Washington – September 25, 2023
Photograph: John Locher/AP
Donald Trump said Comcast, the owner of NBC and MSNBC, “should be investigated for its ‘Country Threatening Treason’” and promised to do so should he be re-elected president next year.
In response, one progressive group said the former US president and current overwhelming frontrunner in the Republican 2024 presidential nomination race had “gone full fascist”.
The Biden White House said Trump threatened “an outrageous attack on our democracy and the rule of law”.
The US media was “almost all dishonest and corrupt”, Trump wrote on his Truth Social platform on Sunday, “but Comcast, with its one-side and vicious coverage by NBC News, and in particular MSNBC … should be investigated for its ‘Country Threatening Treason’.”
Listing familiar complaints about coverage of his presidency – during which he regularly threatened NBC, MSNBC and Comcast – Trump added: “I say up front, openly, and proudly, that when I win the presidency of the United States, they and others of the lamestream media will be thoroughly scrutinized for their knowingly dishonest and corrupt coverage of people, things, and events.”
Trump also used familiar terms of abuse for the press: “the enemy of the people” and “the fake news media”.
Observers reacted to Trump’s threat to NBC, MSNBC and Comcast with a mixture of familiarity and alarm.
In a statement, Andrew Bates, White House deputy press secretary, said: “President Biden swore an oath to uphold our constitution and protect American democracy. Freedom of the press is a fundamental constitutional right.
“To abuse presidential power and violate the constitutional rights of reporters would be an outrageous attack on our democracy and the rule of law. Presidents must always defend Americans’ freedoms – never trample on them for selfish, small and dangerous political purposes.”
Elsewhere, Paul Farhi, media reporter for the Washington Post, pointed to Trump’s symbiotic relationship with outlets he professes to hate, given that only last week Trump was “the featured interview guest last week on Meet the Press, the signature Sunday morning news program on … NBC”.
Others noted that on Monday night, the former White House aide Cassidy Hutchinson, a key witness for the House committee that investigated the January 6 attack on Congress, which Trump incited, was due to be interviewed on MSNBC.
“Female political or media antagonists really cause blood to come pouring out of Trump’s eyes,” wrote Howard Fineman, a columnist and commentator.
Sounding a louder alarm, Occupy Democrats, a progressive advocacy group, said Trump had gone “full fascist” with an “unhinged Sunday-night rant”.
“There you have it, folks,” it said. “While Trump and his Republican enablers love to falsely accuse Democrats of ‘weaponizing’ the government against Trump, Trump himself is now openly threaten[ing] to weaponize the presidency to completely remove entire news channels from the airwaves simply because they expose his rampant criminality.”
Juliette Kayyem, a Kennedy School professor and CNN national security analyst, pointed to a previous warning: “To view each of Trump’s calls to violence in isolation – ‘he attacked Milley’ or ‘he attacked NBC’ or ‘he attacked the jury, the prosecutor, the judge’ – is to miss his overall plan to ‘introduce violence as a natural extension of our democratic disagreement’.”
Trump’s rantings were also coupled with threats to Gen Mark Milley, the chair of the joint chiefs of staff whose attempts to cope with Trump were detailed in an Atlantic profile last week.
They come after a Washington Post poll gave Trump a 10-point lead over Joe Biden, who beat him in 2020, in a notional 2024 general election matchup.
The Post said the poll was an “outlier” but Trump dominates the Republican nomination race and generally polls close to Biden despite facing 91 criminal charges – for election subversion, retention of classified information and hush-money payments – and civil threats including a defamation trial arising from an allegation of rape a judge said was “substantially true”.
Another new poll, from NBC, showed Trump and Biden tied at 46% but Trump up 39%-36% if a third-party candidate was added. A “person familiar with White House discussions” about the prospect of a candidacy from No Labels, a centrist group, said it was “concerning”, NBC said. Biden, the report added, was “worried”.
How Texas became the new “homebase” for white nationalist and neo-Nazi groups
Areeba Shah – September 23, 2023
Greg Abbott Brandon Bell/Getty Images
Texas has seen a sudden surge in extremist activity within the past three years, with white supremacist and anti-LGBTQ+ groups making the Lone Star state its base of operations.
According to a new report by the Anti-Defamation League, there has been an 89% increase in antisemitic incidents in Texas from January 2021 to May of this year. Along with six identified terrorist plots and 28 occurrences of extremist events like training sessions and rallies, Texas also saw an increase in the frequency of propaganda distribution.
“Texas has a long history of white nationalist activity and for many years has had a very active presence of white nationalist and neo-Nazi groups in the state, but the report’s findings really do paint a very troubling picture of the current situation,” Stephen Piggott, who studies right-wing extremism as a program analyst with the Western States Center, a civil rights group, told Salon.
“Texas is the homebase for a number of really active white nationalist and neo-Nazi groups, such as the Patriot Front and the Aryan Freedom Network.”
This is one of the main factors driving extremism in the state. Patriot Front has contributed to Texas experiencing the highest number of white supremacist propaganda distributions in the United States in 2022, the report found.
The group has a “nationwide footprint,” with members all around the country and their messaging contributing to 80% of nationwide propaganda in 2022 – a trend replicated every year since 2019, according to the report.
Patriot Front has also held rallies in major cities across the country, including Washington, D.C., Boston, Philadelphia and Indianapolis, where the events are frequently the largest public white supremacist gatherings.
Texas’ close proximity to Mexico also makes it a hotbed for anti-immigrant activity, Piggot added, pointing to a growing number of nationalist and neo-Nazi groups focusing on immigration issues.
“They’ll have rallies where a lot of the rhetoric is focused on demonizing immigrants and using dehumanizing rhetoric about immigrants,” he said. “They’re focused on the issue of immigration because Texas is a border state, but also an avenue for getting more recruits.”
The political context further amplifies this phenomenon, Peter Simi, a sociology professor at Chapman University and an expert on white supremacists in the U.S., told Salon.
“When you look at the political context of what’s happening in Texas as far as [the movement of] anti-CRT, anti-reproductive rights, anti-gay… that is extremely conducive and consistent with groups like the Patriot Front, so they kind of thrive,” Simi said.
Last year, 31 members of Patriot Front were arrested near Idaho after police stopped a U-Haul truck near a “Pride in the Park” event and found members dressed uniformly and equipped with riot shields. Every present Patriot Front member was charged with criminal conspiracy to riot.
But this hasn’t deterred the group from putting on public demonstrations and in many cases, even documenting them. In July, close to 100 masked group members recognized Independence Day by holding a flash demonstration in Austin while carrying riot shields, a banner reading “Reclaim America” and upside-down American flags.
“Whenever they have a gathering or any type of kind of public demonstration, they have folks filming and they put out really kind of flashy videos on social media, especially on places like Telegram and it’s all designed to make it look cool and edgy,” Piggot said.
Extremist groups often use online platforms to recruit and spread their ideology. Over the past year, ADL found that online hate and harassment rose sharply for adults and teens ages 13-17.
Among adults, 52% reported being harassed online in their lifetime, the highest number we have seen in four years, up from 40% in 2022, ADL spokesperson Jake Kurz said.
“Many online platforms either recommend more extreme and hateful content or make it easier to find once searched,” Kurz said pointing to the report’s findings. “For some, this could lead to a dark spiral into hate and extremism.”
Patriot Front has emerged as one of the most aggressive groups in terms of distributing propaganda, Simi pointed out. They often even post pictures of the propaganda they’ve distributed online and circulate those images more broadly.
“In a nutshell, they’re trying to really be aggressive in establishing a physical presence through [distributing] flyers as well as through actual demonstrations,” Simi said. “They’ve also been known to do these flash mob style demonstrations and sometimes more coordinated demonstrations where they’ve shown up in places, like our nation’s capital.”
As a part of their recruitment strategies, white supremacist groups have consistently targeted the LGBTQ+ community, disrupting drag shows, targeting pride events and even going after businesses that support LGBTQ+ events. They have used slurs like “groomers” when talking about the LGBTQ+ community to draw more individuals to their movement.
“The anti-LGBTQ+ animus is probably the single greatest driver of white nationalist and anti-democracy activity that we’re seeing across the country right now,” Piggot said.
ADL tracked 22 anti-LGBTQ+ incidents in 2022 across Texas. While some actions involved extremists, others engaged more mainstream anti-LGBTQ+ entities, offering extremists opportunities to expose new audiences to different forms of hate.
“Hate and extremism seem to be a growing issue across the United States,” Kurz said. “The number of antisemitic incidents across the country are the highest we have ever measured. Instances of white supremacist propaganda are high and we are seeing an alarming amount of violence motivated by hate and misinformation.”
Kurz added that people should look at the Texas report and recognize that while some of the types of extremism are different, extremism is a problem in every community in the country.
The communities that are being targeted in Texas mirror those targeted nationwide, said Rachel Carroll Rivas, deputy director for research, reporting and analysis at the SPLC.
“Some of the real intense false conspiracies that circulate around QAnon are resulting in an increase in the sovereign citizen movement – a conspiratorial movement that is not followed and and even recognized a lot in the U.S.,” Carroll Rivas said.
Other trends in Texas that are indicative of broader extremism patterns in the country include the targeting of school curriculums, she added.
The reason why these groups feel comfortable operating in Texas is because of the role that elected officials in the state are playing in “echoing white nationalist talking points,” Piggot said.
He pointed to Texas Governor Greg Abbott’s extreme anti-immigrant actions, putting up barbed wire across the Rio Grande and a chain of buoys with circular saws.
“Governor Abbott is essentially doing the work for white nationalists by echoing and then amplifying their dehumanizing rhetoric,” Piggot said. “Just this week, he declared an invasion [at the border]. That’s a phrase that white nationalists have used to describe what’s happening on the U.S. [and] Mexico border for decades.”
In both Texas and Florida, neo-Nazis and white nationalists are “feeling energized” and have increased their activities due to seeing this type of messaging from Abbot and Florida Gov. Ron DeSantis, he added.
“We need elected officials to be closing the political space for these groups and denouncing them instead of amplifying their messages for them,” Piggot said.
Kim Jong Un reportedly hops on his bulletproof, drab green train for meeting with Putin
Kim Hjelmgaard, USA TODAY – September 11, 2023
A luxury armored train believed to be carrying Kim Jong Un appeared to depart Pyongyang Monday for Vladivostok, Russia, where the reclusive North Korean leader may rendezvous with President Vladimir Putin.
South Korean state media reported that the train Kim uses, bulletproof but notoriously slow possibly because of its heavy weight, left North Korea. The Kremlin confirmed in a statement he will visit Russia “in the coming days.”
The White House previously said they were expecting a meeting between the two leaders this month as Moscow looks to its former ally from Soviet Union times to help it rearm for its war in Ukraine. The meeting could take place as early as Tuesday. It would be Kim’s first overseas trip in more than four years.
North Korea’s leader Kim Jong Un leaves a train carriage after arriving at the border station of Khasan, Primorsky Krai region, Russia, on April 24, 2019.
The White House said last week arms negotiations between North Korea and Russia were “advancing.” It also warned that Kim’s regime would “pay a price” if it strikes an arms deal with Putin’s government.
The encounter between Kim and Putin could take place on the sidelines of the annual Eastern Economic Forum. It runs in the far eastern Russian port city through Wednesday, according to its website.
South Korea’s Yonhap news agency has reported that Kim’s train has up to 20 bulletproof carriages and has a top speed of approximately 37 miles per hour. It is painted a drab green color and is rarely photographed. The train was used by Kim’s father and grandfather, both former North Korea leaders.
The isolated Asian country could help resupply Moscow with artillery shells and rockets. The Carnegie Endowment for International Peace, a Washington think tank, describes North Korea’s munitions industry as “highly developed.” In return, North Korea could seek access to some of Russia’s high-tech weapons systems.
North Korea continues to test and develop long-range ballistic missiles and nuclear weapons. The U.S. and North Korea have held on and off nuclear nonproliferation talks stretching back to the 1980s.