court

Money continues to roll in for Harris, while Trump “looks deranged”

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

July 22, 2024

Vice President Kamala Harris has continued to rack up endorsements and delegates since President Biden’s surprise announcement yesterday that he would not accept the 2024 Democratic presidential nomination. As of tonight, Harris has the support of at least 2,471 delegates, more than the 1,976 she will need to secure the nomination.

Endorsements have also continued to mount, with the Congressional Black Caucus, the Congressional Hispanic Caucus, the Congressional Progressive Caucus, the AAPI (Asian American and Pacific Islander) Victory Fund, and the Latino Victory Fund all endorsing her. 

Labor unions have also backed her: the AFL-CIO, which represents 12.5 million workers, endorsed Harris. So did the Service Employees International Union, with 2 million workers, as well as the United Steelworkers, which represents 850,000 metal workers and miners, and the Communications Workers of America. Other unions endorsing Harris include the American Federation of Teachers, the United Food and Commercial Workers, the International Brotherhood of Electrical Workers, and the American Federation of State, County and Municipal Employees. 

Money continues to roll in. Since Biden’s announcement, Harris and the Democrats have raised about $250 million in donations and pledges. More than 888,000 were from small-dollar donors. Volunteers are also joining the Harris campaign, which said that more than 28,000 people have signed up to work on the campaign in the day since Biden passed the torch. Today, Beyoncé gave Harris permission to use her song “Freedom” as a campaign song, and TikTok users have jumped on the Harris trend.

Harris is keeping some of the key infrastructure of Biden’s campaign. She has announced that Biden campaign manager Julie Chávez-Rodriguez and Biden campaign chair Jen O’Malley Dillon will remain in their positions. Michigan governor Gretchen Whitmer announced today that she, too, will stay on as co-chair for Harris’s campaign as she was for Biden’s.

Harris spoke today at campaign headquarters in Wilmington, Delaware, smoothing the transition from Biden’s campaign to her own. “I know it’s been a rollercoaster and we’re all filled with so many mixed emotions about this,” Harris said. “We love Joe and Jill. We really do. They truly are like family.” Biden called in to the meeting from Delaware, where he is isolating as he recovers from Covid, to thank the staff. “I know it’s hard, because you’ve poured your heart and soul into me, to help us win this thing,” Biden told them, but added: “The name changed at the top of the ticket. The mission hasn’t changed at all.” Biden told Harris: “I’m watching you kid, I love you. You’re the best, kid.”

Harris went on to indicate that she will be taking the fight for the presidency aggressively to Trump, highlighting his criminal behavior. “Before I was elected as Vice President, before I was elected as United States Senator,” she said today, “I was the elected Attorney General, as I’ve mentioned, to California, and before that, I was a courtroom prosecutor. In those roles I took on perpetrators of all kinds. Predators who abused women. Fraudsters who ripped off consumers. Cheaters who broke the rules for their own gain. So hear me when I say I know Donald Trump’s type.”

She was clear, though, that the fight is not just about Trump; it is about “two different versions of what we see as the future of our country…. Donald Trump wants to take our country backward. To a time before many of our fellow Americans had full freedoms and rights. But we believe in a brighter future that makes room for all Americans.” She promised to continue the work of building the middle class, protect abortion rights, enact commonsense gun safety legislation, and protect voting rights. She contrasted the Democrats’ vision of “a country of freedom, compassion, and rule of law” with the Republicans’: “a country of chaos, fear, and hate.”

Biden’s announcement and Harris’s rapid consolidation of support and money appear to have blindsided the Trump-Vance campaign. MAGA Republicans have responded with scattershot arguments that suggest they had not thought through a scenario in which Biden would step down, an omission so astonishing it perhaps suggests they could not imagine a presumptive nominee voluntarily giving up power. 

Without a coherent strategy, MAGA Republicans today have been all over the map, suggesting among other things that Biden’s voluntarily stepping down from his presumptive nomination is a “coup” and that Harris is a “D[iversity] E[quity and] I[nclusion] hire.” 

For a party that is offering voters a popular set of policies, the opposing party’s nominee shouldn’t matter all that much, but Trump policies and the Trump campaign’s Project 2025 are both so unpopular that operatives intended to run not on policy but by firing up their base against Biden himself. In The Atlantic yesterday, journalist Tim Alberta explained that the entire Trump campaign apparatus was focused on Biden and that putting extremist Ohio senator J.D. Vance on the ticket “was something of a luxury meant to run up margins with the base in a blowout rather than persuade swing voters in a nail-biter.”

Now the energy appears to have shifted. As Anne Applebaum wrote today in The Atlantic, operatives staged the Republican National Convention of just last week to project strength and power, and Trump’s rambling and incoherent performance there seemed “deranged, sinister, and frightening.” Now, Applebaum wrote, “it just looks deranged,” as Biden’s decision to step away from power contrasts powerfully with Trump’s desperate attempts to cling to power with the Big Lie while he calls up his threadbare descriptions of national carnage.

The change Applebaum identified dovetailed neatly with a new political action committee started by conservative lawyer George Conway to highlight Trump’s “mental unfitness for office.” Frustrated by the apparent unwillingness of the press to cover Trump’s mental health while it focused on President Biden’s, Conway formed the “Anti-Psychopath PAC” to highlight Trump’s mental state. “The failure to treat Trump’s behavior as pathological has led the media and the country, perversely, to treat it as normal,” Conway told The Independent, and said that Project 2025 should be seen as an extension of Trump’s malignant narcissism “because basically he wants to turn the government into a mechanism for retribution.”

A post on Trump’s social media feed tonight suggested that Trump recognizes that being the oldest candidate ever nominated for the presidency is a campaign issue. The post said that “Lyin’ Kamala Harris…has absolutely terrible pole [sic] numbers against a fine and brilliant young man named DONALD J. TRUMP! Be careful what you wish for, Democrats???”

Today, Trump’s vice presidential pick Vance gave his first campaign speech at his former high school in Middletown, Ohio. There, dressed in a blue suit with a red tie that echoed Trump’s signature look, Vance spoke of his history in the town and promised that he and Trump are “ready to save America.” But his lack of experience on the campaign trail showed in his delivery, and the Fox News Channel, which was covering the speech, cut away from it while he was speaking. 

Media outlets gave more attention to the Ohio state senator who preceded Vance, George Lang, who began a chant of “fight, fight, fight” and told the audience: “I believe wholeheartedly Donald Trump and Butler County’s JD Vance are the last chance to save our country politically. I’m afraid if we lose this one, it’s going to take a civil war to save the country, and it will be saved.” He later posted on social media that he regretted his “divisive remarks.” 

Later in the day, Vance spoke in Radford, Virginia, where he said that “[h]istory will remember Joe Biden as not just a quitter, which he is, but as one of the worst presidents in the history of the United States of America.” He continued: “Kamala Harris is a million times worse and everybody knows it. She signed up for every single one of Joe Biden’s failures, and she lied about his mental capacity to serve as president.”

Josh Dawsey and Michael Scherer of the Washington Post reported today on a different kind of jockeying in the 2024 presidential race. Independent presidential candidate Robert F. Kennedy Jr. has recently been in talks with Trump about dropping out of the race and endorsing Trump in exchange for a position in a Trump administration. Kennedy, who opposes vaccines, is interested in a portfolio that covers health and medical issues.

“It’s not theirs, it’s mine.”

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

July 6, 2024

This morning, after a day of Republicans insisting that it is political polarization to suggest that Trump is a danger to our democracy, U.S. District Judge Aileen Cannon, who was appointed by Trump in the last days of his presidency, dismissed the classified documents case against the former president. She wrote that “Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.” 

Other federal courts have tested this argument and dismissed it, but Supreme Court justice Clarence Thomas, whose wife Ginni was part of the attempt to overturn the results of the 2020 presidential election, suggested earlier this month that it could be the basis for getting rid of Jack Smith. Cannon cited Thomas repeatedly in her decision. 

When he left office in January 2021, Trump took with him to Mar-a-Lago hundreds of pages of classified national security documents, some of which bore the highest level of classification. The National Archives and Records Administration (NARA), where by law presidential papers must be deposited, noted that many documents were missing from the materials Trump released to them and, in May 2021, emailed Trump’s lawyers to get them back. 

When his lawyers tried to push him to do as the law required, they told FBI investigators, Trump answered: “It’s not theirs, it’s mine.” Finally, in December 2021, after Trump had personally gone through the documents, a Trump representative told NARA that they had found “some records,” and in January 2022, NARA retrieved 15 boxes from Mar-a-Lago. Archivists found more than 150 documents marked classified, making up hundreds of pages of classified national security information. 

By April the Justice Department had convened a grand jury to investigate Trump’s removal of the documents. Trump’s lawyers tried to keep those documents out of the hands of the Federal Bureau of Investigation (FBI) by claiming they were covered by executive privilege, but in May 2022, NARA gave the FBI access to the records. In June 2022, Trump representative Christina Bobb certified that “a diligent search” at Mar-a-Lago had turned up nothing more and that they were returning “any and all documents” they had found. Concerned about the sheer number of documents turning up, the Department of Justice subpoenaed security video tapes, which showed people moving the documents. 

Federal officials obtained a search warrant for Mar-a-Lago. When they executed it in August 2022, they found 13 more boxes with classified documents: a total of more than 11,000 government documents and photographs. They also found 48 empty folders labeled “classified,” but they did not check a locked closet on which Trump had recently changed the lock, or a “hidden room” in Trump’s bedroom. They found that the boxes, which contained the most valuable intelligence of the United States government, had been stored haphazardly in public areas, including a ballroom stage and a bathroom. 

In November 2022, after Trump announced his presidential candidacy—an early announcement that many thought was an attempt to avoid criminal prosecution—Attorney General Merrick Garland appointed a special counsel to oversee the two federal investigations that touched on the former president, thus deliberately moving those investigations outside the department so they could not be seen as part of the presidential race.

In June 2023 a federal grand jury indicted Trump on 37 criminal counts under the Espionage Act, including scheming to conceal documents; three more charges were added the following month. Trump allegedly compromised national security documents from the Central Intelligence Agency, the Department of Defense, the National Security Agency, the National Geospatial Intelligence Agency (surveillance imagery), the National Reconnaissance Office (surveillance and maps), the Department of Energy (nuclear weapons), and the Department of State and Bureau of Intelligence and Research (diplomatic intelligence). He was a one-man wrecking ball, aimed at our national security. 

The case fell randomly to Cannon, who has appeared to be trying to delay the case since it came into her hands. Today, she threw it out altogether.

Former attorney general Eric Holder called Cannon’s dismissal “so bereft of legal reasoning as to be utterly absurd.” Legal analyst Mark Joseph Stern called it “an extreme outlier view with no basis in precedent” and noted that “Cannon’s indefensible opinion will still serve its purpose of delaying this trial indefinitely.” 

Global politics scholar Brian Klaas wrote “Trump appoints judge. Trump does something that virtually all legal experts—including Trump’s own former Attorney General—see as a clear-cut felony. Judge that Trump appointed dismisses case.” Washington Post global affairs columnist Ishaan Tharoor wrote: “if this happened in another country, the DC establishment would immediately point to the erosion of the rule of law and the independence of the judiciary.” 

Special Counsel Jack Smith has said he will appeal Cannon’s ruling.

Trump responded to the news exactly as yesterday’s Republican demands that Trump’s opponents stop calling out his lawlessness suggested he would. He posted: “As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts—the January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia “Perfect” Phone Call charges. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to 

END all Weaponization of our Justice System, and Make America Great Again!”

The Thomas opinion on which Cannon relied was his concurrence in the July 1, 2024, decision in Donald J. Trump v. United States. In that decision, the Supreme Court overturned the central principle of American democracy when it said that the U.S. president cannot be prosecuted for crimes committed as part of a president’s “official duties.” Cannon’s decision echoes the idea that Trump cannot be held accountable even for what is allegedly the most serious breach of our national security in our history. Indeed, MAGA Representative Matt Gaetz (R-FL) posted a picture of Cannon on social media with the heading: “Future Supreme Court Justice Cannon.” 

Legal analyst Keith Boykin listed the many excuses and arguments Trump enablers have made over the years. “He can’t be prosecuted in office,” Boykin wrote. “He can’t be impeached because the courts should decide. He’s immune from prosecution after office. He can’t be prosecuted by Biden’s DOJ because that’s ‘lawfare.’ And he can’t be prosecuted by a special counsel. We have created a dictator.”

Legal analyst Norm Eisen noted that Cannon’s decision will boost Trump on the first day of the Republican National Convention, held in Milwaukee, Wisconsin, from Monday through Thursday of this week. So will the weekend’s shooting, which has inspired MAGA Republicans to insist that all their party members must rally around Trump. 

While Trump has been the presumptive nominee for years, that anointment was contested. Around 20% of Republican primary voters, who tend to be the most loyal and fervent partisans, consistently voted for former South Carolina governor Nikki Haley rather than Trump. Those voters seemed to be concentrated in the suburbs, thus making up a constituency Trump needs to win.

On the other end of the party’s spectrum, the fringe right has been saying that Trump is too soft for them. Antisemitic white nationalist Nick Fuentes has told his followers that he and his “groypers” are fed up with Trump because they are sick of “battling the Jews in the White House, battling the neocons, battling the Israel-firsters.” 

Conspiracy theorist Alex Jones and right-wing provocateur Ivan Raiklin have speculated for months that removing Trump from the running—they speculated about assassination—would open the way for Trump’s far-right former national security advisor Michael Flynn, and appeared to be putting pressure on Trump to name Flynn as vice president. Yesterday, Raiklin posted on social media a “Trump/Flynn 2024” graphic with the legend “FAFO,” under the words “Assassination-Proof.” 

This afternoon, perhaps in hopes of avoiding an embarrassing floor fight, Trump dashed the hopes of both ends of the Republican spectrum by naming Ohio senator J.D. Vance as his vice presidential pick. Vance is 39 and was elected to the Senate in 2022 with the help of $10 million from right-wing billionaire Peter Thiel. In the short time he has been in office, he has echoed Trump’s Big Lie that the 2020 presidential race was stolen, has said that he does not believe in rape or incest exceptions for abortion bans and that people should stay in violent marriages, and has praised Project 2025. He is pro-Russia and against the North Atlantic Treaty Organization. 

It “will be interesting to see how the RNC attempts to spin Vance as a candidate of Unity,” journalist Anne Applebaum wrote. The Fox News Channel helpfully reminded viewers that Vance has, in the past, said that Trump “might be America’s Hitler,” “might be a cynical a**hole,” and is “cultural heroin,” “noxious,” and “reprehensible.” 

Still, factional differences might not matter in today’s Republican Party. This afternoon, in the hall of the RNC convention, attendees chanted, “Fight, fight, fight,” as they punched an arm in the air, in an eerie echo of Germany in the 1930s.

U.S. added 206,000 jobs in June. Total number of jobs created under Biden now is 15.7 million

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

July 6, 2024

For all that certain members of the media continue their freakout over Biden’s electability after his appearance in last Thursday’s event on CNN, it is Trump and his Republicans who appear to be nervous about the upcoming election. 

Journalist Jennifer Schulze of Heartland Signal noted today that as of 8:00 this morning, the New York Times had published 192 pieces on Biden’s debate performance: 142 news articles and 50 opinion pieces. Trump was covered in 92 stories, about half of which were about the Supreme Court’s immunity ruling. Although Trump has frequently slurred his words or trailed off while speaking and repeatedly fell asleep at his own criminal trial, none of the pieces mentioned Trump’s mental fitness. 

But for all of what independent journalists are calling a “feeding frenzy,” egged on by right-wing media figures, it seems as if the true implications of Project 2025 are starting to gain traction and the Trump campaign recognizes that the policies that document advocates are hugely unpopular. 

On July 2, Heritage Foundation president Kevin Roberts assured Trump ally Steve Bannon’s followers that they are winning in what he called “the second American Revolution, which will remain bloodless if the left allows it to be.” In March, Roberts told former Trump administration official and now right-wing media figure Sebastian Gorka about Project 2025: “There are parts of the plan that we will not share with the Left: the executive orders, the rules and regulations. Just like a good football team we don’t want to tip off our playbook to the Left.” 

This morning, although Roberts has described Project 2025 as “institutionalizing Trumpism,” Trump’s social media feed tried to distance the former president from Project 2025. “I know nothing about Project 2025. I have no idea who is behind it,” the post read. Despite this disavowal of any knowledge of the project, it continued: “I disagree with some of the things they’re saying and some of the things they’re saying are absolutely ridiculous and abysmal. Anything they do, I wish them luck, but I have nothing to do with them.” 

In what appeared to be a coordinated statement, the directors of Project 2025 wrote on social media less than two hours later that they “do not speak for any candidate.”  

Aside from the fact that “[a]nything they do, I wish them luck,” sounds much like the signaling Trump did to the Proud Boys when he told them to “stand back and stand by,” Trump’s assertion and Project 2025’s response can’t possibly erase the many and deep ties of the Trump camp to Project 2025. Juliet Jeske of Decoding Fox News noted that Trump’s name shows up on more than 190 pages of the Project 2025 playbook. 

Rebekah Mercer, who sits on the board of the Heritage Foundation, was one of Trump’s top donors in 2016; her family founded and operated Cambridge Analytica, the company that misused the data of millions of Facebook users to push pro-Trump and anti-Clinton material in 2016. Trump’s national press secretary, Karoline Leavitt, has appeared in a Project 2025 video. Trump’s own super PAC has been running ads promoting Project 2025, calling it “Trump’s Project 2025,” and many of its policies—killing the Department of Education, erasing the separation of church and state, ending renewable energy programs and ramping up use of fossil fuels, deporting immigrants—are also Trump’s.

Project 2025’s director, Paul Dans, as well as both of its associate directors, Spencer Chretien and Troup Hemenway, were in charge of personnel in Trump’s White House, and the theme of Project 2025 is that “people are policy,” by which they mean that hand-picked loyalists must replace civil servants. Trump’s former body man John McEntee, who reentered the White House as a senior advisor after having to leave because he failed a background check, was in charge of hiring in the last months of the Trump White House; he helped to draft Project 2025. Key Trump ally Russell Vought wrote the section of Project 2025 that called for an authoritarian leader; he is also on the platform committee of the Republican National Convention. 

If indeed Trump knows nothing about Project 2025 and has no idea who is behind it, his cognitive ability is rotten. As former chair of the Republican National Committee Michael Steele wrote, “Since [Project 2025] is designed to institutionalize Trumpism and you know nothing about it, then why do you echo some of its policy priorities during your rallies? Coincidence? And how exactly don’t you know that Project 2025 Director Paul Dans served as your chief of staff at the Office of Personnel Management, and Associate Director Spencer Chretien served as your special assistant and associate director of presidential personnel? And folks say we should be worried about Biden.”

Trump’s attempt to distance himself from Project 2025 indicates just how toxic that plan is with voters. As political scientist Ian Bremmer dryly noted, it seems that “the second [A]merican revolution apparently [is] not polling as well as the first in internal focus groups.” Former Republican strategist Rick Wilson was even more direct, saying that Trump was trying to distance himself from Project 2025 because “most of it polls about like Ebola,” the deadly virus that causes severe bleeding and organ failure, and has a mortality rate of 80 to 90%.

The extremism of the MAGA Republicans was on display in another way today as well after The New Republic published a June 30 video of North Carolina lieutenant governor Mark Robinson, currently the Republican nominee for governor of North Carolina, saying to a church audience about their opponents—whom he identified in a scattershot speech as anything from communists to “wicked people” to those standing against “conservatives”—”Kill them! Some liberal somewhere is gonna say that sounds awful. Too bad!… Some folks need killing! It’s time for somebody to say it.” 

Today the Vatican turned against one of those extremists when it excommunicated pro-Trump archbishop Carlo Maria Viganò, who was the Vatican’s diplomat to the U.S. from 2011 to 2016, for “schism” after he refused to recognize the authority of Pope Francis. Viganò has repeatedly attacked Francis’s Catholic Church for being “inclusive, immigrationist, eco-sustainable, and gay-friendly.”

Also today, Trump’s lawyers asked Judge Aileen Cannon, who is overseeing Trump’s criminal trial for retaining hundreds of classified documents, to dismiss charges that can no longer be prosecuted in light of the Supreme Court’s decision that a president cannot be charged for crimes committed while engaging in “official acts.” They also called the case “politically motivated” and asked Cannon to stop the case entirely in light of Justice Clarence Thomas’s suggestion that Special Counsel Jack Smith was not properly appointed.

The other big news today was that the U.S. added 206,000 jobs in June, bringing the total number of jobs created under this administration to 15.7 million. Last month’s numbers were, once again, higher than economists expected and, according to economic analyst Steven Rattner, above job growth levels before the pandemic. He added that these jobs are not simply a bounceback from the depths of the pandemic: 6.2 million more Americans are employed now than before Covid hit. 

Poking fun at the calls for Biden to step down, conservative lawyer George Conway posted: “Biden needs to RESIGN NOW before any more of these terrible job things are created.”

In a speech today in Madison, Wisconsin, Biden vowed to stay in the race, and the speech appeared strong enough that right-wing extremists, including Senator Mike Lee (R-UT) and activist Laura Loomer, posted on social media—falsely—that he was having a medical emergency aboard Air Force One. Tonight, George Stephanopoulos of ABC interviewed Biden without a teleprompter or notes, focusing only on Biden’s age without any questions about policy. ABC News posted the interview transcript with the president’s conversation portrayed the “g”s dropped off the words and with other colloquial pronunciations spelled out, as if it were dialect. Trump, whose words the press tends to turn into clean prose, has refused to do an interview under the same conditions.

Presidential immunity is a brand new doctrine. “The President is now a king above the law.”

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

July 3, 2024

Today the United States Supreme Court overthrew the central premise of American democracy: that no one is above the law. 

It decided that the president of the United States, possibly the most powerful person on earth, has “absolute immunity” from criminal prosecution for crimes committed as part of the official acts at the core of presidential powers. The court also said it should be presumed that the president also has immunity for other official acts as well, unless that prosecution would not intrude on the authority of the executive branch.

This is a profound change to our fundamental law—an amendment to the Constitution, as historian David Blight noted. Writing for the majority, Chief Justice John Roberts said that a president needs such immunity to make sure the president is willing to take “bold and unhesitating action” and make unpopular decisions, although no previous president has ever asserted that he is above the law or that he needed such immunity to fulfill his role. Roberts’s decision didn’t focus at all on the interest of the American people in guaranteeing that presidents carry out their duties within the guardrails of the law. 

But this extraordinary power grab does not mean President Joe Biden can do as he wishes. As legal commentator Asha Rangappa pointed out, the court gave itself the power to determine which actions can be prosecuted and which cannot by making itself the final arbiter of what is “official” and what is not. Thus any action a president takes is subject to review by the Supreme Court, and it is reasonable to assume that this particular court would not give a Democrat the same leeway it would give Trump. 

There is no historical or legal precedent for this decision. The Declaration of Independence was a litany of complaints against King George III designed to explain why the colonists were declaring themselves free of kings; the Constitution did not provide immunity for the president, although it did for members of Congress in certain conditions, and it provided for the removal of the president for “high crimes and misdemeanors”—what would those be if a president is immune from prosecution for his official acts? The framers worried about politicians’ overreach and carefully provided for oversight of leaders; the Supreme Court today smashed through that key guardrail. 

Presidential immunity is a brand new doctrine. In February 2021, explaining away his vote to acquit Trump for inciting an insurrection, Senate minority leader Mitch McConnell (R-KY), who had also protected Trump in his first impeachment trial in 2019, said: “Trump is still liable for everything he did while he was in office…. We have a criminal justice system in this country. We have civil litigation, and former presidents are not immune from being held accountable by either one.”

But it was not just McConnell who thought that way. At his confirmation hearing in 2005, now–Chief Justice John Roberts said: “I believe that no one is above the law under our system and that includes the president. The president is fully bound by the law, the Constitution, and statutes.” 

In his 2006 confirmation hearings, Samuel Alito said: “There is nothing that is more important for our republic than the rule of law. No person in this country, no matter how high or powerful, is above the law.” 

And in 2018, Brett Kavanaugh told the Senate: “No one’s above the law in the United States, that’s a foundational principle…. We’re all equal before the law…. The foundation of our Constitution was that…the presidency would not be a monarchy…. [T]he president is not above the law, no one is above the law.”

Now they have changed that foundational principle for a man who, according to White House officials during his term, called for the execution of people who upset him and who has vowed to exact vengeance on those he now thinks have wronged him. Over the past weekend, Trump shared an image on social media saying that former Representative Liz Cheney (R-WY), who sat on the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, was guilty of treason and calling for “televised military tribunals” to try her. 

Today, observers illustrated what Trump’s newly declared immunity could mean. Political scientist Norm Ornstein pointed out that Trump could “order his handpicked FBI Director to arrest and jail his political opponents. He can order the IRS to put liens on the property of media companies who criticize him and jail reporters and editors.” Legal analyst Joyce White Vance noted that a president with such broad immunity could order the assassination of Supreme Court justices, and retired military leader Mark Hertling wrote that he was “trying to figure out how a commander can refuse an illegal order from someone who is issuing it as an official act.” 

Asha Rangappa wrote: “According to the Court, a President could literally provide the leader of a hostile adversary with intelligence needed to win a conflict in which we are involved, or even attack or invade the U.S., and not be prosecuted for treason, because negotiating with heads of state is an exclusive Art. II function. In case you were wondering.” Trump is currently under indictment for retaining classified documents. “The Court has handed Trump, if he wins this November, carte blanche to be a ‘dictator on day one,’ and the ability to use every lever of official power at his disposal for his personal ends without any recourse,” Rangappa wrote. “This election is now a clear-cut decision between democracy and autocracy. Vote accordingly.”

Trump’s lawyers are already challenging Trump’s conviction in the election interference case in which a jury found him guilty on 34 counts. Over Trump’s name on social media, a post said the decision was “BRILLIANTLY WRITTEN AND WISE, AND CLEARS THE STENCH FROM THE BIDEN TRIALS AND HOAXES, ALL OF THEM, THAT HAVE BEEN USED AS AN UNFAIR ATTACK ON CROOKED JOE BIDEN’S POLITICAL OPPONENT, ME. MANY OF THESE FAKE CASES WILL NOW DISAPPEAR, OR WITHER INTO OBSCURITY. GOD BLESS AMERICA!”

In a concurring opinion, Justice Clarence Thomas, whose wife was deeply involved in the effort to overturn the 2020 presidential election, also took a shot at the appointment of special counsels to investigate such events. Thomas was not the only Justice whose participation in this decision was likely covered by a requirement that he recuse himself: Alito has publicly expressed support for the attempt to keep Trump in office against the will of voters. Trump appointed three of the other justices granting him immunity—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—to the court.

In a dissent in which Justices Elena Kagan and Ketanji Brown Jackson concurred, Justice Sonia Sotomayor wrote that because of the majority’s decision, “[t]he relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.”

“Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law. Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our democracy,” she wrote, “I dissent.” 

Today’s decision destroyed the principle on which this nation was founded, that all people in the United States of America should be equal before the law.

The name of the case is “Donald J. Trump v. United States.”