Judge: “You, sir, present an ongoing threat and a peril to this country”

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 25, 2023

U.S. District Judge Amit Mehta today sentenced the leader of the right-wing Oath Keepers organization, Elmer Stewart Rhodes III, to 18 years in prison, followed by 3 years of supervised release. In November a jury found Rhodes guilty of seditious conspiracy, obstruction of an official proceeding, and tampering with documents and proceedings, for his role in organizing people to go to Washington in January 2021 and try to stop the counting of the electoral votes that would make Joe Biden president.

Rhodes told the court that his only crime was standing against those who are “destroying our country.” He says he believes he is a “political prisoner” and that he hopes Trump will win the presidency in 2024. “You are not a political prisoner, Mr. Rhodes,” Judge Mehta said. “You, sir, present an ongoing threat and a peril to this country and to the republic and to the very fabric of this democracy.”

And yet, former president Trump has said he would not only pardon the January 6 offenders, but would apologize to them for their treatment by the government. Today, Florida governor Ron DeSantis, who yesterday announced he is running for president, said he, too, would consider pardoning them, promising to be “aggressive in issuing pardons.”

Rhodes struck at our elections. Today in the Sackett v. Environmental Protection Agency decision, the Supreme Court struck at the government regulations that underpin modern America.

Michael and Chantell Sackett bought land near Priest Lake, Idaho, and backfilled the wetlands on the property to build a home. The EPA found they had violated the Clean Water Act, which prohibits putting pollutants into “the waters of the United States.” Officials told them to restore the site or face penalties of more than $40,000 a day. By a vote of 5–4, the Supreme Court found that “waters” refers only to “‘streams, oceans, rivers, and lakes’ and to adjacent wetlands that are ‘indistinguishable’ from those bodies of water due to a continuous surface connection.”

This decision will remove federal protection from half of the currently protected wetlands in the U.S, an area larger than California. Homeowners, farmers, and developers will have far greater latitude to intrude on wetlands than they did previously, and that intrusion has already wrought damage as wetlands act like a sponge to absorb huge amounts of water during hurricanes. From 1992 to 2010, Houston, for example, lost more than 70% of its wetlands to development, leaving it especially vulnerable to Hurricane Harvey, a category 4 hurricane that in 2017 left 107 people dead and caused $125 billion in damage.

The decision said that the EPA had overreached in its protection of wetlands as part of the Clean Water Act, and that Congress must “enact exceedingly clear language” on any rules that affect private property. This court seems eager to gut federal regulation, suggesting that Congress cannot delegate regulatory rulemaking to the executive branch. As investigative journalist Dave Troy put it, “If [the] EPA can’t enforce its rules, what federal agency can?”

Justice Elena Kagan warned that by destroying the authority of the EPA, both now and in the West Virginia v. EPA decision last June that restricted the agency’s ability to regulate emissions from power plants, the court had appointed itself “as the national decision maker on environmental policy.”

The Clean Water Act passed by an overwhelming bipartisan vote in 1972, during the administration of Republican president Richard M. Nixon. Nixon backed the creation of the Environmental Protection Agency in 1970 after a massive oil spill off the coast of Santa Barbara, California, over ten days in January–February 1969 poured between 80,000 and 100,000 barrels of oil into the Pacific, fouling 35 miles of California beaches and killing seabirds, dolphins, sea lions, and elephant seals, and then, four months later, in June 1969, the chemical contaminants that had been dumped into Cleveland’s Cuyahoga River caught fire. In February 1970, Nixon told Congress “[W]e…have too casually and too long abused our natural environment. The time has come when we can wait no longer to repair the damage already done, and to establish new criteria to guide us in the future.”

Nixon called for a 37-point program with 23 legislative proposals and 14 new administrative measures to control water and air pollution, manage solid waste, protect parklands and public recreation, and organize for action. At Nixon’s urging, Congress created the EPA in 1970, and two years later, Congress passed the Clean Water Act, establishing protections for water quality and regulating pollutant discharges into waters of the United States.

House speaker Kevin McCarthy (R-CA) tweeted that “[t]oday’s Supreme Court ruling is a win for farmers, businesses, and Americans across the nation by rejecting, yet again, the Biden administration’s costly and burdensome regulatory overreach.” But it sure looks like the story is not about Biden, but rather is about an extremist SCOTUS overturning 50 years of law that gave us clean water because it is determined to slash federal authority to regulate business.

McCarthy is trying to manage his conference while members of the far-right Freedom Caucus strike at our economy. White House press secretary Karine Jean-Pierre reiterated today that defaulting on the national debt is not an option. “The President has said that, the Speaker has said that, and we want the American people to understand that as well…. What is up for debate, though, is the budget,” she said. “And that’s what these discussions are about: two very different fiscal visions for our country and our economy.”

Biden’s proposed budget invests in ordinary Americans and over 10 years is projected to reduce the deficit by nearly $3 trillion by “asking the wealthy and corporations to pay their fair share and by slashing wasteful spending on special interests.” In contrast, “House Republicans…want to slash programs millions of hardworking Americans count on, while also protecting tax breaks skewed to the wealthy and corporations that will add $3.5 trillion to the debt. That’s where these negotiations began,” she said.

Finally, there is news today about the man that Rhodes is going to prison for, concerning his strike at our national security. Devlin Barrett, Josh Dawsey, Spencer S. Hsu, and Perry Stein of the Washington Post reported that on June 2, 2022, the day one of Trump’s lawyers contacted the Justice Department to say that officials were welcome to come to Mar-a-Lago to retrieve the classified documents the department had subpoenaed, two of Trump’s employees moved boxes of papers. The next day, when FBI agents arrived, Trump’s lawyers gave them 38 documents, said they had conducted a “diligent search,” and claimed that all the relevant documents had been turned over. Yet, when FBI agents conducted a search two months later, they found more than 100 additional classified documents.

The timing of the moved boxes suggests that Trump was deliberately hiding certain documents. The Washington Post article also says that more than one witness has told prosecutors that Trump sometimes kept classified documents out in the open and showed them to people.

Trump spokesperson Steven Cheung said in a statement: “This is nothing more than a targeted, politically motivated witch hunt against President Trump that is concocted to meddle in an election and prevent the American people from returning him to the White House.”

President Biden calls white supremacy “the most dangerous terrorist threat to our homeland.”

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 16, 2023

On Saturday, May 13th, President Joe Biden spoke to the graduating class at Howard University, a historically Black university in Washington, D.C. In his speech about “excellence, leadership, and truth and service,” Biden singled out white supremacy “as the most dangerous terrorist threat to our homeland.”

Biden called for Americans to reject political extremism and violence, and to protect fundamental rights and freedoms for women to choose and for transgender children to be free. He called for affordable healthcare and housing and the right to raise your family and retire with dignity. He urged the graduates to “stand with leaders of your generation who give voice to the people, demanding action on gun violence,” and to stand “against books being banned and Black history being erased…. To stand up for the best in us.”

While Biden based his remarks on former president Trump’s declaration after the August 2017 Unite the Right Rally that “there are very fine people on both sides,” there were plenty of examples from just this week that he could have used.

Last night, Hunter Walker of Talking Points Memo broke the story that the digital director for right-wing representative Paul Gosar (R-AZ) appears to be Wade Searle, a devoted follower of white supremacist leader Nick Fuentes. Fuentes has openly embraced Nazism and Russian president Vladimir Putin’s authoritarianism, and he is one of those to whom the alt-right Groypers look up.

Although Fuentes calls the Groypers “Christian conservatives,” historian of the far right in the U.S. Nicole Hemmer told Walker: “The Groypers are essentially the equivalent of neo-Nazis…. They are attached to violent events like Jan. 6. Nick Fuentes, as sort of the organizer of the Groypers, expresses Holocaust denialism, white supremacy, white nationalism, pretty strong anti-women bigotry, he calls for a kind of return to Twelfth Century Catholicism. They’re an extremist group that is OK with violence.”

Walker has also identified an intern in Gosar’s office as another Fuentes follower.

A February study by the Public Religion Research Institute, a nonprofit, nonpartisan organization that conducts independent research on religion, culture, and public policy, found that the so-called Christian nationalism at the heart of those like Fuentes is closely linked with a willingness to commit violence to make the U.S. a white Christian nation. The PRRI poll showed that nearly 20% of those who sympathize with Christian nationalism agreed they were “willing to fight” to take the nation back to what they incorrectly believe it always was.

Maria Cramer of the New York Times noted yesterday that while no one actually knows much about Daniel Penny, a white man who was recently charged with choking Jordan Neely, a homeless Black man, to death on a subway in New York, right-wing politicians and supporters have rallied around Penny. They seem to see him as a symbol of a powerful man who took matters into his own hands to restore order—although the events that led to the choking are still unclear—much as they lionized Kyle Rittenhouse after he killed two people and wounded another at a Black Lives Matter rally in 2020. Florida governor Ron DeSantis tweeted: “We must defeat the Soros-Funded DAs, stop the Left’s pro-criminal agenda, and take back the streets for law abiding citizens.”

Historian Thomas Zimmer explained the danger: “All strands of the Right—leading Republicans, the media machine, the reactionary intellectual sphere, the conservative base, the donor class—are openly and aggressively embracing rightwing vigilante violence,” he wrote. “This sends a clear message: It encourages white militants to use whatever force they please to “fight back” against anything and anyone associated with ‘the Left’ by protecting and glorifying those who have engaged in vigilante violence—call it the Kyle Rittenhouse dogma.”

In Washington this weekend, about 150 masked members of the white supremacist group Patriot Front marched toward the U.S. Capitol, chanting, “life, liberty, victory.”

Professor of journalism at New York University Jay Rosen noted on MSNBC on May 11, the day after CNN gave Trump the space to hold what amounted to a political rally, that journalists could better cover this moment in our history by focusing not on the horse race strategy, but on the consequences for the country if Trump wins again. How will American life change? Who will benefit? Who will suffer? He says the question should be “not the odds, but the stakes” as a principle for better campaign coverage.

A lawsuit filed today in New York by Noelle Dunphy, a woman who says Trump ally Rudy Giuliani hired her in January 2019 to manage his media presence, documents the sordid world she observed in her two years working for Giuliani. He promised her a salary of $1 million a year but said he couldn’t pay her until his divorce was final and, ultimately, paid her only small amounts of cash. In her account, he seemed to become obsessed with her, forcing her into sex and trying to dominate her. She is suing Giuliani, his companies, and 10 unidentified individuals over “unlawful abuses of power, wide-ranging sexual assault and harassment, wage theft, and other misconduct” and is asking for $10 million in compensation and damages.

The story of her time with Giuliani, whom she describes as a chronically alcoholic sexual abuser prone to racist and sexist outbursts, is bad enough—and she claims to have recordings—but her other allegations are politically incendiary. She claims to have heard Giuliani say that he was selling presidential pardons for $2 million a pop, splitting the proceeds with Trump, and that Giuliani told her on February 7, 2019, “about a plan that had been prepared for if Trump lost the 2020 election.” Specifically, Giuliani told Ms. Dunphy that Trump’s team would claim that there was ‘voter fraud’ and that Trump had actually won the election…. That same day, Giuliani had Ms. Dunphy sit in on a speakerphone conversation about a potential business opportunity involving a $72 billion dollar gas deal in China.”

Also of note is her claim that, since part of her job was managing emails, Giuliani gave her access to his email account. The system stored at least 23,000 emails on her own personal computer, including “privileged, confidential, and highly sensitive” emails from, to, or concerning Trump, his children Donald Trump Jr., Ivanka Trump, and Eric Trump; Trump’s son-in-law Jared Kushner; Trump’s lawyers and advisors; media figures including Rupert Murdoch, Sean Hannity, and Tucker Carlson; and so on.

There are a number of stories in the news today that wrap up long-standing issues. John Durham, the special counsel picked by Trump loyalist attorney general William Barr to undermine the FBI investigation into whether Russia interfered in the 2016 election, released a report today finding fault with the categorization of the FBI’s initial investigation into the Russia attempt to swing the 2016 election to Trump.

Representative George Santos (R-NY) has pleaded guilty to charges of theft in Brazil, but insists he is not guilty of the federal charges against him for financial crimes. He says he will not resign from Congress.

As predicted by everyone who correctly attributed the high cost of eggs late last year to the deadly avian flu and price gouging, there are now so many eggs on the market that the wholesale price is $0.94 a dozen, down from $5.46 a dozen six months ago.

The number of migrants at the southern border has dropped 50% since the end of the pandemic restriction known as Title 42 on May 11.

And finally, Representative James Comer (R-KY), chair of the House Oversight Committee, yesterday told Fox News Channel personality Maria Bartiromo that the committee has lost track of a top witness to alleged wrongdoing by the Biden family. “Well, unfortunately, we can’t track down the informant,” Comer said. “We’re hopeful that the informant is still there. The whistleblower knows the informant. The whistleblower is very credible.”

GasLit Nation: Is America headed for civil war?

May 4, 2023

GASLIT NATION WITH ANDREA CHALUPA AND SARAH KENDZIOR

With political violence on the rise in America, along with disinformation, mainstream propaganda and the consolidation of media under conservative ownership, the scapegoating of LGBTQ+ people, women, and nonwhite people, and the weaponization of government in several Republican-led states, are we headed towards a civil war?

In this week’s episode, Andrea interviews Jeff Sharlet, the author of the new book Undertow: Scenes from a Slow Civil War. Sharlet is also the author of The Family: The Secret Fundamentalism at the Heart of American Power, that launched the must-watch Netflix series of the same name, that takes viewers into the dark heart of corruption known as the National Prayer Breakfast, and how it’s used as a tool for the extreme religious right to consolidate power. In Undertow, Sharlet takes readers on a cross-country roadtrip to show how we’re in a slow-motion civil war, and provides ways to confront this dangerous crossroads, including lessons from Civil Rights leader and artist Harry Belafonte.

Sharlet is the New York Times best-selling author or editor of eight books. His writing and photography have appeared in many publications, including Vanity Fair, for which he is a contributing editor; the New York Times MagazineGQEsquireHarper’s; and VQR, for which he is an editor at large. He currently teaches the art of writing as a professor at Dartmouth College. In our bonus episode, out later this week for Patreon subscribers at the Truth-teller level or higher, Sharlet takes the Gaslit Nation Self-Care Q&A to share what art, music, books, and documentaries and other cultural resources that he recommends to help process the times we live in. We will share a free excerpt of that for all listeners wherever you get your podcasts. 

600+ convictions for the events of January 6th. What comes next for Merrick Garland and Donald Trump?

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 4, 2023

Today began with another story about yet more ties between Supreme Court justice Clarence Thomas and Republican billionaire Harlan Crow. Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica reported that Crow paid the private school tuition for Thomas’s grandnephew, to the tune of more than $6,000 a month, ultimately adding up to an amount that may have been more than $150,000. Thomas did not report the payments.

Then news broke that a jury in Washington, D.C., found four members of the far-right extremist group the Proud Boys—Enrique Tarrio, Ethan Nordean, Joseph Biggs and Zachary Rehl—guilty of seditious conspiracy for their participation in the January 6, 2021 attack on the U.S. Capitol. A fifth defendant, Dominic Pezzola, was found not guilty of seditious conspiracy but, like the others, was found guilty of other serious charges including obstructing Congress’s certification of the 2020 presidential election results and conspiring to prevent Congress and federal officers from discharging their duties.

In a statement, Attorney General Merrick Garland noted that the Department of Justice has secured more than 600 convictions for criminal conduct surrounding the events of January 6, including fourteen “leaders of both the Proud Boys and the Oath Keepers for seditious conspiracy—specifically conspiring to oppose by force the lawful transfer of presidential power. Our work will continue,” he said.

It is unlikely that Garland’s statement about ongoing work was casual.

Defense attorneys for the Proud Boys emphasized that their clients believed then-president Trump—who, after all, had told them in September 2020 to “stand back and stand by”—had called them to Washington to overturn the results of the 2020 presidential election. Although there were no explicit orders to attack the Capitol, members of the Proud Boys testified that they believed there was an implicit agreement to prevent Biden from becoming president.

Tarrio, convicted today, was not at the Capitol during the attack, but a jury convicted him of seditious conspiracy nonetheless, suggesting that leaders who incited the violence can be found guilty, even if they weren’t present.

Today attorneys for E. Jean Carroll, who is suing the former president in a civil trial for battery and defamation connected with his alleged rape of her, rested their case. So did Trump’s lawyers, but District Judge Lewis Kaplan gave Trump the weekend to rethink testifying. “He has a right to testify which has been waived but if he has second thoughts, I’ll at least consider it and maybe we’ll see what happens,” Kaplan said.

Other investigations of the former president continue. The New York Times today broke the story that prosecutors in the office of Special Counsel Jack Smith investigating the storage of classified documents are talking to a confidential witness who worked for Trump at Mar-a-Lago. There are questions about whether Trump deliberately moved boxes containing documents in order to hide them from the Justice Department.

Meanwhile, the debt ceiling crisis has not gone away. Director of National Intelligence Avril Haines today told a Senate Armed Services Committee hearing on global threats that a U.S. default on our debts would enable both Russia and China to say “such an event [demonstrates] the chaos within the United States, that we’re not capable of functioning as a democracy, and the governance issues associated with it.” She explained: “It would be…almost a certainty that they would look to take advantage of the opportunity.”

Moody’s Analytics has weighed in on the economic effects of House speaker Kevin McCarthy’s (R-CA) plan, noting that with a clean debt limit increase, real gross domestic product is expected to grow 2.25% this year. Under McCarthy’s plan, that growth will be 1.6%. “The significant government spending cuts in the [plan] are substantial headwinds to near-term economic growth,” it wrote. “Adding to the economic headwinds created by the legislation is the considerable uncertainty created by having to address the debt limit again a year from now.”

Weirdly, Senator Mitt Romney (R-UT) at a Senate Budget Committee hearing today blamed Democrats for not raising the debt ceiling themselves last year without help from the Republicans. Kate Riga of Talking Points Memo broke down this argument. If the Democrats had raised the debt ceiling through reconciliation, without Republican votes, Republicans would have insisted that it was the Democrats, not them, who had burdened the country with debt when, in fact, the Republicans added almost $8 trillion to the debt under Trump.

Romney’s complaint amounts to berating the responsible Democrats for not protecting the country against the Republicans, who are willing to burn down the country. As Riga put it: “Darn you Democrats for not taking care of the debt ceiling then, because you knew we’d refuse to raise the limit unless you conceded to our demands, and look what a sticky spot we’re in now.”

Meanwhile, the editorial board of the Fresno Bee, from McCarthy’s district, today called out the speaker for approving the huge increases of the Trump years and, now that a Democrat is in the White House, insisting on drastic cuts. The board reiterated that the debt ceiling and the budget are separate issues. “McCarthy is pandering to the hard-right members who only backed him for House speaker on the 15th vote in exchange for concessions on the issues like the debt,” it said. “Speaker McCarthy, don’t take America to the brink of default. Stop the posturing, raise the debt ceiling, then have the honest budget debate the nation needs.”

Finally, the day ended where it began, with another scandal involving Justice Clarence Thomas.

This evening, Emma Brown, Shawn Boburg, and Jonathan O’Connell of the Washington Post broke the story that right-wing judicial activist Leonard Leo, who as a leader of the Federalist Society that backs originalist judges has been key to transforming the federal judiciary, a decade ago arranged for payments of tens of thousands of dollars to Thomas’s wife Ginni. Leo and Thomas are close friends.

In January 2012, Leo told Kellyanne Conway, who was then a Republican pollster, to bill the Judicial Education Project, a nonprofit organization with which he was associated, and then pass the money on to Ginni Thomas. He told Conway to “give” Thomas “another $25K,” and emphasized that she should include “No mention of Ginni, of course,” in the paperwork. She did so. Later that year, the Judicial Education Project filed a brief before the court in the landmark Shelby County v. Holder case, in which the court, by a vote of 5–4, gutted the 1965 Voting Rights Act.

Thomas voted on the side of the Judicial Education Project.

And this is the profound national crisis at the heart of the stories emerging about Thomas. His votes were decisive not only in Shelby County v. Holder, but also in the 2010 Citizens United v. Federal Election Commission decision, also decided by a vote of 5–4, which opened the floodgates for dark money in political campaigns. Those decisions dramatically undermined our democracy. It now seems imperative to grapple with the fact it appears a key vote on the court that decided those cases was compromised.

GasLit Nation: SCOTUS Corruption and the Tennessee Revolution

April 12, 2023

GASLIT NATION WITH ANDREA CHALUPA AND SARAH KENDZIOR

It’s been a busy week for nazis, neo-confederates, and crimelords – and for the people fighting them! We start out this week by discussing the ProPublica article on corrupt SCOTUS justice Clarence Thomas and his Hitler swag loving backer, Harlan Crow. Sarah gives a lot of background into their relationship, including 1) allegations of sex trafficking by Crow’s brother and his ties to a client of Jeffrey Epstein 2) Thomas’s ties to GOP sex trafficking and blackmail cases in the 1980s including the Franklin Scandal 3) the combination of bribes and blackmail GOP elites use to keep their judges and reps in line 4) and how the media exposed Thomas’s corrupt relationships long ago, but officials refused to act!

Then we discuss the heartening news out of Tennessee, where representatives Justin Jones and Justin Pearson refused to accept their expulsion on baseless grounds, shone a light into the Tennessee legislature’s corruption, gave fuel to a national protest movement, and got reinstated into office with a global platform. We discuss the protests and large voter turnouts in gerrymandered hostage states like Tennessee, Wisconsin, and Michigan, and how this may indicate a bigger anti-authoritarian movement in America to come.

Then Andrea details what was in those classified documents found on a Minecraft Discord server (seriously), what they mean for Russia’s war on Ukraine, and what Ukraine still needs to win the war: the global democratic alliance must make up its mind if it wants Ukraine to win the war, then give Ukraine what it keeps asking for to win the war: ATACMS (long range missiles) and F-16s.