Trump’s nominee for Secretary of Defense calls for a “categorical defeat of the Left”

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

Jan 14, 2024

Shortly after midnight last night, the Justice Department released special counsel Jack Smith’s final report on former president Donald Trump’s attempt to overturn the results of the 2020 presidential election. The 137-page report concludes that “substantial evidence demonstrates that Mr. Trump…engaged in an unprecedented criminal effort to overturn the legitimate results of the election in order to retain power.”

The report explains the case Smith and his team compiled against Trump. It outlines the ways in which evidence proved Trump broke laws, and it lays out the federal interests served by prosecuting Trump. It explains how the team investigated Trump, interviewing more than 250 people and obtaining the testimony of more than 55 witnesses before a grand jury, and how Justice Department policy governed that investigation. It also explains how Trump’s litigation and the U.S. Supreme Court’s surprising determination that Trump enjoyed immunity from prosecution for breaking laws as part of his official duties dramatically slowed the prosecution.

There is little in the part of the report covering Trump’s behavior that was not already public information. The report explains how Trump lied that he won the 2020 presidential election and continued to lie even when his own appointees and employees told him he had lost. It lays out how he pressured state officials to throw out votes for his opponent, then-president-elect Joe Biden, and how he and his cronies recruited false electors in key states Trump lost to create slates of false electoral votes.

It explains how Trump tried to force Justice Department officials to support his lie and to trick states into rescinding their electoral votes for Biden and how, finally, he pressured his vice president, Mike Pence, to either throw out votes for Biden or send state counts back to the states. When Pence refused, correctly asserting that he had no such power, Trump urged his supporters to attack the U.S. Capitol. He refused to call them off for hours.

Smith explained that the Justice Department concluded that Trump was guilty on four counts, including conspiracy to defraud the United States by trying “to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest”; obstruction and conspiracy to obstruct by creating false evidence; and conspiracy against rights by trying to take away people’s right to vote for president.

The report explains why the Justice Department did not bring charges against Trump for insurrection, noting that such cases are rare and definitions of “insurrection” are unclear, raising concerns that such a charge would endanger the larger case.

The report explained that prosecuting Trump served important national interests. The government has an interest in the integrity of the country’s process for “collecting, counting, and certifying presidential elections.” It cares about “a peaceful and orderly transition of presidential power.” It cares that “every citizen’s vote is counted” and about “protecting public officials and government workers from violence.” Finally, it cares about “the fair and even-handed enforcement of the law.”

While the report contained little new information, what jumped out from its stark recitation of the events of late 2020 and early 2021 was the power of Trump’s lies. There was no evidence that he won the 2020 election; to the contrary, all evidence showed he lost it. Even he didn’t appear to believe he had won. And yet, by the sheer power of repeating the lie that he had won and getting his cronies to repeat it, along with embellishments that were also lies—about suitcases of ballots, and thumb drives, and voting machines, and so on—he induced his followers to try to overthrow a free and fair election and install him in the presidency.

He continued this disinformation after he left office, and then engaged in lawfare, with both him and friendly witnesses slowing down his cases by challenging subpoenas until there were no more avenues to challenge them. And then the U.S. Supreme Court stepped in.

The report calls out the extraordinary July 2024 decision of the U.S. Supreme Court in Trump v. United States declaring that presidents cannot be prosecuted for official acts. “Before this case,” the report reads, “no court had ever found that Presidents are immune from criminal responsibility for their official acts, and no text in the Constitution explicitly confers such criminal immunity on the President.” It continued: “[N]o President whose conduct was investigated (other than Mr. Trump) ever claimed absolute criminal immunity for all official acts.”

The report quoted the dissent of Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, noting that the decision of the Republican-appointed justices “effectively creates a law-free zone around the President, upsetting the status quo that has existed since the Founding.”

That observation hits hard today, as January 14 is officially Ratification Day, the anniversary of the day in 1784 when members of the Confederation Congress ratified the Treaty of Paris that ended the Revolutionary War and formally recognized the independence of the United States from Great Britain. The colonists had thrown off monarchy and determined to have a government of laws, not of men.

But Trump threw off that bedrock principle with a lie. His success recalls how Confederates who lost the Civil War resurrected their cause by claiming that the lenience of General Ulysses S. Grant of the United States toward officers and soldiers who surrendered at Appomattox Court House in April 1865 showed not the mercy of a victor but rather an understanding that the Confederates’ defense of human slavery was superior to the ideas of those trying to preserve the United States as a land based in the idea that all men were created equal.

When no punishment was forthcoming for those who had tried to destroy the United States, that story of Appomattox became the myth of the Lost Cause, defending the racial hierarchies of the Old South and attacking the federal government that tried to make opportunity and equal rights available for everyone. In response to federal protection of Black rights after 1948, when President Harry Truman desegregated the U.S. military, Confederate symbols and Confederate ideology began their return to the front of American culture, where they fed the reactionary right. The myth of the Lost Cause and Trump’s lie came together in the rioters who carried the Confederate battle flag when they breached the U.S. Capitol on January 6, 2021.

Trump’s nominee for Secretary of Defense, Fox News Channel host Pete Hegseth, is adamant about restoring the names of Confederate generals to U.S. military installations. His confirmation hearing before the Senate Armed Services Committee began today.

The defense secretary oversees about 1.3 million active-duty troops and another 1.4 million in the National Guard and employed in Reserves and civilian positions, as well as a budget of more than $800 billion. Hegseth has none of the usual qualifications of defense secretaries. As Benjamin Wittes of Lawfare pointed out today, he has “never held a policy role…never run anything larger than a company of 200 soldiers…never been elected to anything.”

Hegseth suggested his lack of qualifications was a strength, saying in his opening statement that while “[i]t is true that I don’t have a similar biography to Defense Secretaries of the last 30 years…as President Trump…told me, we’ve repeatedly placed people atop the Pentagon with supposedly ‘the right credentials’…and where has it gotten us? He believes, and I humbly agree, that it’s time to give someone with dust on his boots the helm.”

The “dust on his boots” claim was designed to make Hegseth’s authenticity outweigh his lack of credentials, but former Marine pilot Amy McGrath pointed out that Trump’s defense secretary James Mattis and Biden’s defense secretary Lloyd Austin, both of whom reached the top ranks of the military, each came from the infantry.

Hegseth has settled an accusation of sexual assault, appears to have a history of alcohol abuse, and has been accused of financial mismanagement at two small veterans’ nonprofits. But he appears to embody the sort of strongman ethos Trump craves. Jonathan Chait of The Atlantic did a deep dive into Hegseth’s recent books and concluded that Hegseth “considers himself to be at war with basically everybody to Trump’s left, and it is by no means clear that he means war metaphorically.” Hegseth’s books suggest he thinks that everything that does not support the MAGA worldview is “Marxist,” including voters choosing Democrats at the voting booth. He calls for the “categorical defeat of the Left” and says that without its “utter annihilation,” “America cannot, and will not, survive.”

When Hegseth was in the Army National Guard, a fellow service member who was the unit’s security guard and on an anti-terrorism team flagged Hegseth to their unit’s leadership because one of his tattoos is used by white supremacists. Extremist tattoos are prohibited by army regulations. Hegseth lobbied Trump to intervene in the cases of service members accused of war crimes, and he cheered on Trump’s January 6, 2021, rally. Hegseth has said women do not belong in combat and has been vocal about his opposition to the equity and inclusion measures in the military that he calls “woke.”

Wittes noted after today’s hearing that “[t]he words ‘Russia’ and ‘Ukraine’ barely came up. The words ‘China’ and ‘Taiwan’ made only marginally more conspicuous an appearance. The defense of Europe? One would hardly know such a place as Europe even existed. By contrast, the words ‘lethality,’ ‘woke,’ and ‘DEI’ came up repeatedly. The nominee sparred with members of the committee over the difference between ‘equality’ and ‘equity.’”

Senate Armed Services Committee chair Roger Wicker (R-MS) spoke today in favor of Hegseth, and Republicans initially uncomfortable with the nominee appear to be coming around to supporting him. But Hegseth refused to meet with Democrats on the committee, and they made it clear that they will not make the vote easy for Republicans.

The top Democrat on the committee, Senator Jack Reed (D-RI) said he did not believe Hegseth was qualified for the position. Senator Tammy Duckworth (D-IL) exposed his lack of knowledge about U.S. allies and bluntly told him he was unqualified, later telling MSNBC that Hegseth will be an easy target for adversaries with blackmail material.

Hegseth told the armed services committee that all the negative information about him was part of a “smear campaign,” at the same time that he refused to say he would refuse to shoot peaceful protesters in the legs or refuse an unconstitutional order.

After the release of Jack Smith’s report, Trump posted on his social media channel that regardless of what he had done to the country, voters had exonerated him: “Jack is a lamebrain prosecutor who was unable to get his case tried before the Election, which I won in a landslide,” he wrote, lying about a victory in which more voters chose someone other than him. “THE VOTERS HAVE SPOKEN!!!”

It’s as if the Confederates’ descendants have captured the government of the United States.


LA Times calls Trump’s linking of water policy to the raging fires “blatantly false, irresponsible”

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

Jan 8, 2024

At least four wildfires tearing across Los Angeles have killed at least five people and forced the evacuation of at least 130,000 more, and have flattened about 42 square miles (109 square kilometers). The fires are being driven by unusually high winds with gusts of up to 98 miles per hour (158 km per hour). Although January is typically part of California’s wet season, conditions are terribly dry. Downtown Los Angeles has received just 0.16 inches (0.4 cm) of rain since May 6, 2024, and the summer was unusually hot.

President Joe Biden is supporting state and local responses to the fire with federal resources. Today, he approved a major disaster declaration, which enables people and towns to access funds immediately in order to jump-start their recovery. The Federal Emergency Management Agency (FEMA) will reimburse California for some of the costs of fighting the fires. Five U.S. Forest Service large air tankers and ten federal firefighting helicopters have been deployed to support the local firefighters; ten Navy helicopters with water delivery buckets are joining them. California governor Gavin Newsom has deployed the California National Guard, and the Nevada National Guard is standing by.

Canada, too, has sent water-dropping helicopters and a pair of planes, which are part of a firefighting contract with California that’s been in place for 14 years.

At a fire station in Santa Monica, Biden stood beside Newsom and said: “We’re prepared to do anything and everything for as long as it takes to contain these fires.”

In contrast to federal support for California under Biden, in the midst of the ongoing crisis President-elect Donald Trump blamed California governor Gavin “Newscum and his Los Angeles crew” for the fires, suggesting he had put the needs of fish over the people of California. He posted: “Governor Gavin Newscum refused to sign the water restoration declaration put before him that would have allowed millions of gallons of water, from excess rain and snow melt from the North, to flow daily into many parts of California, including the areas that are currently burning in a virtually apocalyptic way.” “Let this stand as a symbol of the gross incompetence and mismanagement of the Biden/Newsom duo,” Trump posted. “January 20th cannot come fast enough!”

Newsom’s office responded: “There is no such document as the water restoration declaration—that is pure fiction. The Governor is focused on protecting people, not playing politics, and making sure firefighters have all the resources they need.”

Trump is apparently claiming that water that could be used to fight the fires has been diverted to protect the endangered Delta smelt. But the water systems in California are complicated, and importing water from northern California would make no difference for the wildfires.

Los Angeles water doesn’t come from northern California. It comes from an aqueduct east of the Sierra Nevada, from groundwater, and from the Colorado River. Right now, the Metropolitan Water District of Southern California has more water stored than it has ever had before, according to Mark Gold, a board member. “It’s not a matter of having enough water coming from Northern California to put out a fire,” he told Alastair Bland of CalMatters. “It’s about the continued devastating impacts of a changing climate.”

Hydroclimatologist Peter Gleick told Taryn Luna, Liam Dillon, and Alex Wigglesworth of the Los Angeles Times that Trump’s linking of water policy to the raging fires was “blatantly false, irresponsible and politically self-serving.”

The two different responses of the current president and the incoming one reveal dramatically different approaches to the presidency.

Yesterday the Biden administration announced the finalization of a new rule that will remove medical debt from all credit reports. Until now, medical debt has meant that consumers could be denied mortgages, car loans, or small business loans. In addition, Vice President Kamala Harris announced that funds from the American Rescue Plan, passed by Democrats shortly after Biden took office in 2021, have enabled the elimination of more than $1 billion in medical debt for 700,000 Americans. Jurisdictions are on track to eliminate about $15 billion in medical debt for nearly 6 million Americans, the White House said.

“No one should be denied economic opportunity because they got sick or experienced a medical emergency,” Harris said.

While Biden and Harris are working to solve problems for regular Americans, Trump has simply gone on the offensive, attacking Democrats for what he claims is their mismanagement without offering any ideas of his own. “NO WATER IN THE FIRE HYDRANTS, NO MONEY IN FEMA,” he posted. “THIS IS WHAT JOE BIDEN IS LEAVING ME. THANKS JOE!”

By now, we know that Trump goes on offense to hide his own shortcomings. As Judd Legum of Public Notice pointed out, “The largest wildfire in California history—the August Complex Fire, which burned more than 1 million acres—occurred during the Trump administration.”

That pattern of going on offense to hide his own behavior was also on display today when CNN’s Hadas Gold reported that someone inside the Fox News Channel (FNC) gave the Trump team the questions that Trump would be asked at an Iowa town hall last January just before the Iowa caucus. A forthcoming book by Alex Isenstadt of Politico details the close relationship between Trump and people within FNC. It says that after Trump refused to prepare for that town hall, someone inside Fox texted the questions to a senior Trump aide, enabling them to prep him with answers.

After Trump fell apart during his debate with Vice President Harris, he accused her of knowing the questions ahead of time and said the debate was “rigged.”

Trump apparently went on the offensive yesterday when he called Supreme Court Justice Samuel Alito just hours before Trump’s lawyers filed an emergency request with the court asking it to stop Manhattan judge Juan Merchan from sentencing Trump Friday in the election interference case in which a jury found him guilty of 34 felonies. Alito told reporters that they talked only about a job opportunity for one of Alito’s law clerks and did not discuss the case, but it is highly unusual for a president or president-elect to talk with a Supreme Court justice when that official has business before the court. CNN’s Kaitlan Collins said such a thing was “almost unheard of.”

As legal analyst Quinta Jurecic observed, though, someone leaked news of this inappropriate contact astonishingly quickly. Such news usually “has taken a while to dribble out,” Jurecic noted, but “this happened THIS MORNING. [S]omebody was smug or pissed off enough to go to the press right away.”

Trump’s accusations that Biden committed a crime more likely to be chalked up to Trump himself—taking bribes from a foreign company—was also in the news today. Alexander Smirnov, the key witness for the House Republicans’ investigation into Biden, was sentenced to six years in prison after pleading guilty to lying to the FBI about the alleged bribery and to tax evasion.

Julia Ainsley and Carol E. Lee of NBC News today reported another way in which Trump is threatening to go on offense: by conducting a very visible raid targeting undocumented immigrants in the Washington, D.C., area as soon as he takes office. While Presidents Barack Obama and Biden have targeted employers who violate labor laws, Trump wants to demonstrate “shock and awe” by raiding workplaces and sweeping up migrants who are in the U.S. without documentation, regardless of their criminal status. His transition team has been talking with U.S. Immigration and Customs Enforcement (ICE) officials about the logistics of such raids.

And then, of course, there are Trump’s frequent references to taking over other countries. Don Jr. traveled to Greenland this week with right-wing activist and media personality Charlie Kirk, ostensibly to record a podcast, but Trump Sr. followed the trip with posts saying “MAKE GREENLAND GREAT AGAIN!” That idea is getting traction among MAGA leaders, even though—or perhaps because—it is a direct affront to the North Atlantic Treaty Organization (NATO), to which both the U.S. and Denmark belong.

Over the New York Post’s map of the “Donroe Doctrine” in which Canada is labeled “51st state,” Greenland is labeled “our land,” the Gulf of Mexico is labeled “Gulf of America,” and the Panama Canal is labeled “Pana-Maga Canal,” the Republican majority on the House Foreign Affairs Committee posted today: “Our country was built by warriors and explorers. We tamed the West, won two World Wars, and were the first to plant our flag on the moon. President Trump has the biggest dreams for America and it’s un-American to be afraid of big dreams.” Journalist Jamie Dupree screenshotted the tweet before the committee deleted it.

Behind all the offense, though, things that matter deeply to the American people are going largely unnoticed.

MAGA representatives have been introducing a slew of measures to the new Congress, many of which incorporate the plans of Project 2025 into legislation. They call for turning over immigration to the states, privatizing veterans’ healthcare, and repealing the 1993 National Voting Rights Act, the 2010 Affordable Care Act, and the 2022 Inflation Reduction Act.

Bills call for withdrawing the U.S. from the World Health Organization; increasing oil and gas production on federal lands; abolishing the Internal Revenue Service (IRS), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Occupational Safety and Health Administration (OSHA); allowing states to spend federal education money on private school vouchers; and removing the protection of transgender rights from schools.

Other measures would revoke security clearances for “certain former members of the intelligence community,” introduce a constitutional amendment to cap the Supreme Court at nine justices, and cut off federal funding to the Manhattan District Attorney’s Office (the office that successfully charged Trump with election interference) and the Fulton County (GA) District Attorney’s Office (the office that has charged Trump with criminal conspiracy).

And MAGA Republicans have proposed a bill to impose a national abortion ban, along with a bill urging Congress to support a consortium of antiabortion doctors for women because, the bill says, “health care should emphasize the whole woman, including her physical, mental, and spiritual wellness,” and “health care for women should also address the needs of men, families, and communities.”


Republicans claim Smith’s Jan 6 report “would not ‘be in the public interest.’”

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

Jan 6, 2024

In less than 40 minutes today in snow-covered Washington, D.C., a joint session of Congress counted the certified electoral votes that will make Republican Donald Trump president of the United States at noon on January 20. Vice President Kamala Harris presided over the session in her role as president of the Senate, announcing to Congress the ballot totals. The ceremony went smoothly, without challenges to any of the certified state ballots. Trump won 312 electoral votes; Harris, who was the Democratic nominee for president, won 226.

The Democrats emphasized routine process and acceptance of election results to reinforce that the key element of democracy is the peaceful transfer of power. Before the session, Harris released a video on social media reminding people that “[t]he peaceful transfer of power is one of the most fundamental principles of American democracy. As much as any other principle, it is what distinguishes our system of government from monarchy or tyranny.”

But at the session, the tableau on the dais itself illustrated that Republicans have elevated lawmakers who reject that principle. Behind the vice president sat the newly reelected speaker of the House of Representatives, Mike Johnson (R-LA), who was a key player in the attempt to overturn the results of the 2020 election: he lied about fraud; recruited colleagues to join a lawsuit challenging the election results from the key states of Georgia, Michigan, Pennsylvania, and Georgia; and, after the January 6 riot, challenged the counting of certified votes from Arizona and Pennsylvania.

After the session concluded, Harris told reporters: “Well, today was…obviously, a very important day, and it was about what should be the norm and what the American people should be able to take for granted, which is that one of the most important pillars of our democracy is that there will be a peaceful transfer of power.

“And today, I did what I have done my entire career, which is take seriously the oath that I have taken many times to support and defend the Constitution of the United States, which included, today, performing my constitutional duties to ensure that the people of America, the voters of America will have their votes counted, that those votes matter, and that they will determine, then, the outcome of an election.

“I do believe very strongly that America’s democracy is only as strong as our willingness to fight for it—every single person, their willingness to fight for and respect the importance of our democracy. Otherwise, it is very fragile and it will not be able to withstand moments of crisis.

“And today, America’s democracy stood.”

Democracy stood in the sense that its norms were honored today as they were not four years ago, which is no small thing. But it is a blow indeed that the man who shattered those norms by trying to overturn the will of the American voters and seize the government will soon be leading it again.

It did not seem initially as if any such a resurrection was possible. While MAGA lawmakers and influencers tried to insist that “Antifa” or FBI plants had launched the riot that made congress members hide in fear for their lives while Secret Service agents rushed Trump’s vice president, Mike Pence, to a secure location, that left at least seven people dead and at least 140 police officers wounded, and that did about $3 million of damage to the Capitol as rioters broke windows and doors, looted offices, smeared feces on the walls, and tore down an American flag to replace it with a Trump flag, there was little doubt, even among Trump loyalists, as to who was to blame.

All four living presidents condemned Trump and his supporters; Twitter, Facebook, and Instagram all suspended him; members of his cabinet resigned in protest; corporations and institutions dropped their support for Trump.

Indeed, it seemed that the whole Trump ship was foundering. Trump advisor Hope Hicks texted Ivanka Trump’s chief of staff that the Trump family was now “royally f*cked.” “In one day he ended every future opportunity that doesn’t include speaking engagements at the local proud boy’s chapter,” Hicks wrote. “And all of us that didn’t have jobs lined up will be perpetually unemployed. I’m so mad & upset. We all look like domestic terrorists now.” “Not being dramatic, but we are all f*cked.”

Even then–Senate minority leader Mitch McConnell (R-KY) delivered a blistering account of Trump’s behavior and said: “There is no question that President Trump is practically and morally responsible for provoking the events of that day.”

But McConnell appeared reluctant to see Trump impeached. He delayed the Senate trial of the House’s charge of “incitement of insurrection” until Biden was president, then pressed for Trump’s acquittal on the grounds that he was no longer president. Even before that February 2021 acquittal, then–House minority leader Kevin McCarthy (R-CA)—who had had a shouting match with Trump on January 6 in which he allegedly begged Trump to call off his supporters and yelled that the rioters were “trying to f*cking kill me!”—traveled to see Trump at Mar-a-Lago to get him to support Republican candidates in the 2022 election.

Their hunger to keep Trump’s voters began the process of whitewashing Trump’s attempt to overturn our democracy. At the same time, those Republicans who had either participated in the scheme or gone along with it continued to defend their behavior. As time passed, they downplayed the violence of January 6. As early as May 2021, some began to claim it was less a deadly attack than a “normal tourist visit.”

When the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol began to collect testimony and evidence, Trump and fellow Republicans did all they could to discredit it. As it became clear that Trump would win the 2024 Republican presidential nomination, they worked to exonerate him from wrongdoing and accused the Democrats of misleading Americans about the events of that day.

In February 2021, McConnell defended his vote to acquit Trump of inciting insurrection by promising the courts would take care of him. “President Trump is still liable for everything he did while he was in office, as an ordinary citizen,” he said, “still liable for everything he did while in office, [and] didn’t get away with anything yet…. 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 while more than 1,500 people have been charged with federal crimes associated with the January 6 attack on the U.S. Capitol and many of Trump’s lawyers and advisors have been disbarred or faced charges, Trump has managed to avoid legal accountability by using every possible means to delay the federal case brought against him for his attempt to overturn the results of the 2020 presidential election.

And now, with the help of a compliant Supreme Court stacked with three of his own appointees, he has gained the immunity McConnell said he did not have. On July 1, 2024, the Supreme Court handed down the aptly named Donald Trump v. United States decision, establishing that sitting presidents have immunity from criminal prosecution for acts within the scope of their official duties. Before the new, slimmer set of charges brought after this decision could go forward, voters reelected Trump to the presidency, triggering the Justice Department policy against prosecuting a sitting president.

As Republicans whitewashed January 6 and the legal system failed to hold Trump to account, the importance of Trump’s attack on our democracy seemed to fade. Even the Trump v. U.S. Supreme Court decision, which undermined the key principle that all Americans are equal before the law by declaring Trump above it, got less attention than its astonishingly revolutionary position warranted, coming as it did just four days after President Joe Biden looked and sounded old in a televised presidential debate.

As the 2024 election approached, Trump rewrote the events of January 6 so completely that he began calling it “a day of love.” He said those found guilty of crimes related to January 6 were “political prisoners” and vowed to pardon them on his first day in office. Dan Barry and Alan Feuer noted in the New York Times today that Trump spokesperson Karoline Leavitt, referring to “the Left’s fear mongering over January 6th,” claims that “the mainstream media still refuses to report the truth about what happened that day.”

And yet, today, Trump’s lawyers wrote to Attorney General Merrick Garland demanding he prevent the public release of the final report written by special counsel Jack Smith about Trump’s attempt to overturn the results of the 2020 presidential election. They say it would disrupt the presidential transition by “giving rise to a media storm of false and unfair criticism” and interfere with presidential immunity by diverting Trump’s time and energy.

Having reviewed the two-volume report, the lawyers objected to its claim that Trump and others “engaged in an unprecedented criminal effort,” that Trump was “the head of the criminal conspiracies,” that he hatched a “criminal design,” and that he “violated multiple federal criminal laws.” They also took issue with the “baseless attacks on other anticipated members of President Trump’s incoming administration, which are an obvious effort to interfere with upcoming confirmation hearings.”

They conclude that releasing Smith’s report “would not ‘be in the public interest.’”


America is angry while Trump embraces the billionaires

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

Jan 2, 2024

This evening, President Joe Biden awarded twenty Americans the Presidential Citizens Medal, which is given to those “who have performed exemplary deeds of service for their country or their fellow citizens.” Biden chose these particular individuals because he “believes these Americans are bonded by their common decency and commitment to serving others” and that “[t]he country is better because of their dedication and sacrifice.”

Those twenty included civil rights leaders who fought to end racial segregation, promote Black voting, restore rights for Japanese Americans incarcerated during World War II, legalize same-sex marriage, and defend women’s rights to equality, and reformers who advanced tax reform and the reform of financial markets, moved forward childcare policies, advanced commonsense gun safety regulations, and promoted women’s health.

They included military personnel who perfected trauma care, ensured that female service members received the recognition they deserve, and worked to repair the relationship between the U.S. and Vietnam; a war correspondent who recorded the experience of battle; a photographer and philanthropist who has advanced teacher training and microenterprise in developing countries’ an educator who has guided students toward the arts.

The recipients included both Democrats and Republicans, with Biden honoring Senator Nancy Kassebaum (R-KS) for example, for supporting abortion rights. “[S]he stood up for what she believed in even if it meant standing alone,” he said, “and she reached across the aisle to do what she believed was right.”

And the recipients included the chair and vice chair of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, informally known as the January 6th Committee, Representative Bennie Thompson (D-MS) and former representative Liz Cheney (R-WY). Biden praised Thompson for “defending the rule of law with unwavering integrity and a steadfast commitment to truth.” He praised Cheney for raising her voice and reaching across the aisle “to defend our Nation and the ideals we stand for: Freedom. Dignity. And decency.” He added: “Her integrity and intrepidness remind us all what is possible if we work together.”

Biden also offered a public message today in response to the horrific New Year’s Eve attack in New Orleans in which Shamsud-Din Jabbar, an American citizen and Army veteran from Texas, drove a truck into a crowd in the French Quarter, killing 14 people and wounding 30 others.

Before today’s Sugar Bowl playoff between Georgia and Notre Dame in New Orleans, Biden addressed the nation: “Today all America stands with the people of New Orleans. We pray for those killed and injured in yesterday’s attack. We are grateful… for the brave first responders who raced to save lives. We’re glad the game is back on for today, but I’m not surprised, because the spirit of New Orleans can never be kept down. That’s also true of the spirit of America. We just have to remember who we are. We’re the United States of America. There’s nothing, nothing, beyond our capacity if we do it together. God bless New Orleans, and God protect our troops.”

While Biden focuses on protecting civil rights and making progress together in a unified America, Trump and Elon Musk are doubling down on dividing Americans. Over the holiday, the fight between the original MAGA and the new tech billionaires taking over the Trump White House continued, and Trump and Musk appear to be trying to heal that rift by returning to culture war themes.

The fight began over immigration, which MAGA opposes and Musk champions for skilled workers, but spread as the Musk faction attacked the American culture MAGA celebrates. After rising to prominence by attacking immigrants, Trump sided with the Musk faction.

On New Year’s Eve, as President-elect Trump set out for a party at Mar-a-Lago, a reporter asked him why he had changed his mind on the H-1B visas that enable employers to bring skilled workers to the U.S. “I didn’t change my mind,” Trump answered. “I always felt we have to have the most competent people in our country. We need competent people. We need smart people coming into our country. We need a lot of people coming in.”

This is a dramatic change from Trump’s previous positions. On March 4, 2016, for example, Trump’s social media account posted: “The H-1B program is neither high-skilled nor immigration: these are temporary foreign workers, imported from abroad, for the explicit purpose of substituting for American workers at lower pay…. I will end forever the use of the H-1B as a cheap labor program, and institute an absolute requirement to hire American workers first…. No exceptions.” It is this stand on immigration that Trump’s MAGA base supports.

For his part, last Friday Musk told those opposed to H-1B visas to “[t]ake a big step back and F*CK YOURSELF in the face.” He said: “I will go to war on this issue the likes of which you cannot possibly comprehend.” But MAGA news sites Breitbart and Newsmax didn’t back down, reporting a story by Fred Lambert of Electrek, a site that follows the changeover from fossil-fuel to green vehicles, pointing out that Musk’s Tesla is a major user of H-1B visa workers and that it requested more than 2,400 such workers at the same time it was laying off U.S. workers early in 2024.

On New Year’s Eve, Musk changed his name on X to the name of a meme coin, a cryptocurrency based on an online meme, and changed his avatar to one using symbols favored by the far right. Some of his supporters saw the changes as a signal of his true beliefs, especially as he is strongly supporting the right-wing AfD party in Germany.

Trump also seemed to swing back to his MAGA base when he returned to his attacks on immigrants by echoing a mistaken report by the Fox News Channel. Trump falsely linked the New Orleans attack to “criminals coming in” from other countries and claimed that the U.S. has “open borders,” although in fact, encounters at the border have fallen to a four-year low, lower now than when Trump left office.

The abrupt elevation of culture wars echoes the formula Republicans have used for the past forty years to distract from the reality that between 1981 and 2021 their embrace of so-called supply-side economics moved $50 trillion from the bottom 90% to the top 1%. Distracting voters with outrage over “welfare queens,” “Libtards,” and so on, kept the country focused on cultural issues rather than economic ones.

As Musk and Trump appear to be making up for their defense of immigration by courting the far right again, Anthony Adragna of Politico reported today that incoming House Republicans are also relying on culture wars to hold their coalition together. Adragna reports they are planning to make trans rights their “marquee fight” of 2025.

That focus is likely intended to distract Republican voters from the reality that Trump has promised to swing the country away from Biden’s investment in rebuilding the middle class. Biden’s focus on employment meant that unemployment dropped dramatically during his term, more people got access to affordable health care, labor unions showed historic growth, and real wages went up so much that according to economist David Doney, workers now have the highest real hourly wages since the 1960s.

Good news for workers was good news for everyone: the country’s economic growth was more than double that of any other country in the Group of 7 (G7) economically advanced democracies.

But Trump has been very clear that he rejects this system and intends to take the country back to supply-side economics, in which the government encourages the concentration of wealth at the top of the economy. Those who embrace this theory argue that wealthy investors will use their money more efficiently than they could under government regulation.

Trump has promised to fill his cabinet with billionaires, and top donors have been donating as much as $2 million to his inauguration fund (those at that level can get up to six tickets to events of the inaugural weekend). According to Jeanna Smialek and Ana Swanson of the New York Times, Trump’s promise to back Wall Street investors and corporate boardrooms has given them high hopes for the Trump administration.

And, of course, Musk, the world’s richest man, has eclipsed Vice President–elect J.D. Vance and sometimes even Trump himself as the face of the incoming administration.

Trump’s very public embrace of billionaires comes just weeks after the December 4, 2024, shooting of United Healthcare chief executive officer Brian Thompson revealed a large American population that is desperately angry at wealthy and powerful executives. Across social media, posts have been defending and even praising Thompson’s alleged murderer since the shooting. Even those who avoided championing the shooter took exception to the fact that those defending Thompson’s industry and deploring his murder had little to say about those people who died after insurance companies denied their claims.

For decades now, Republicans have been able to keep class tensions at bay by hammering constantly on culture wars, and they appear to be trying that again to smooth over the fight between MAGA and the billionaires. But it is possible that the rumbling anger that flashed to the surface over the killing of an insurance CEO will reinforce the MAGA wing and keep class, rather than culture, uppermost.

If Trump does not bring down prices, as he promised and now has downplayed, if he imposes tariffs that will force poorer and middle-class Americans to pay for the tax cuts he has promised to the wealthy and corporations, if Republicans cut Social Security, Medicare, and Medicaid to balance the budget; all while Musk continues to pull down billions of dollars in taxpayer money, the rhetorical formula that worked for so long might finally break.