Florida

“It’s not theirs, it’s mine.”

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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.

America’s cowboy myth poisoned by Trump and the GOP

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Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 12, 2024

I write a lot about how the Biden-Harris administration is working to restore the principles of the period between 1933 and 1981, when members of both political parties widely shared the belief that the government should regulate business, provide a basic social safety net, promote infrastructure, and protect civil rights. And I write about how that so-called liberal consensus broke down as extremists used the Reconstruction-era image of the American cowboy—who, according to myth, wanted nothing from the government but to be left alone—to stand against what they insisted was creeping socialism that stole tax dollars from hardworking white men in order to give handouts to lazy minorities and women. 

But five major stories over the past several days made me realize that I’ve never written about how Trump and his loyalists have distorted the cowboy image until it has become a poisonous caricature of the values its recent defenders have claimed to champion.

The cowboy myth originated during the Reconstruction era as a response to the idea that a government that defended Black rights was “socialist” and that the tax dollars required to pay bureaucrats and army officers would break hardworking white men. 

This weekend, on Saturday, May 11, Paul Kiel of ProPublica and Russ Buettner of the New York Times teamed up to deliver a deep investigation into what Trump was talking about when he insisted that he must break tradition and refuse to release his tax returns when he ran for office in 2016 and 2020, citing an audit.

The New York Times had already reported that one of the reasons the Internal Revenue Service was auditing Trump’s taxes was that, beginning in 2010, he began to claim a $72.9 million tax refund because of huge losses from his failing casinos.  

Kiel and Buettner followed the convoluted web of Trump’s finances to find another issue with his tax history. They concluded that Trump’s Chicago skyscraper, his last major construction project, was “a vast money loser.” He claimed losses as high as $651 million on it in 2008. But then he appears to have moved ownership of the building in 2010 from one entity to a new one—the authors describe it as “like moving coins from one pocket to another”—and used that move to claim another $168 million in losses, thereby double-dipping. 

The experts the authors consulted said that if he loses the audit battle, Trump could owe the IRS more than $100 million. University of Baltimore law professor Walter Schwidetzky, who is an expert on partnership taxation, told the authors: “I think he ripped off the tax system.” 

The cowboy myth emphasized dominance over the Indigenous Americans and Mexicans allegedly attacking white settlers from the East. On Friday an impressive piece of reporting from Jude Joffe-Block at NPR untangled the origins of a story pushed by Republicans that Democrats were encouraging asylum seekers to vote illegally for President Joe Biden in 2024, revealing that the story was entirely made up.  

The story broke on X, formerly Twitter, on April 15, when the investigative arm of the right-wing Heritage Foundation, which promises to provide “aggressive oversight” of the Biden administration, posted photos of what it claimed were flyers from inside portable toilets at a migrant camp in Matamoros, Mexico, that said in broken Spanish: “Reminder to vote for President Biden when you are in the United States. We need another four years of his term to stay open.” The tweet thread got more than 9 million views and was boosted by Elon Musk, X’s owner.

But the story was fabricated. The flyer used the name of a small organization that helps asylum seekers, along with the name of the woman who runs the organization. She is a U.S. citizen and told Joffe-Block that her organization has “never encouraged people to vote for anyone.” Indeed, it has never come up because everyone knows noncitizens are not eligible to vote. The flyer had outdated phone numbers and addresses, and its Spanish was full of errors. Migrants who are staying at the encampment as they wait for their appointments to enter the U.S. say they have never seen such flyers, and no one has urged them to vote for Biden.

Digging showed that the flyer was “discovered” by the right-wing video site Muckraker, which specializes in “undercover” escapades. The founder of Muckraker, Anthony Rubin, and his brother, Joshua Rubin, had shown up at the organization’s headquarters in Matamoros asking to become volunteers for the organization; they and their conversation were captured on video, and signs point to the conclusion that they planted the flyers. 

Nonetheless, Republicans ran with the story. Within 12 hours after the fake flyer appeared on X, Republican representatives Marjorie Taylor Greene (R-GA) and Dan Bishop (R-NC) brought posters of it to Congress, and Republicans made it a centerpiece of their insistence that Congress must pass a new law against noncitizen voting. Rather than being protected by modern-day cowboys, the woman who ran the organization that helps asylum seekers got death threats.

The cowboy image emphasized the masculinity of the independent men it championed, but the testimony of Stephanie Clifford, the adult film actress also known as Stormy Daniels, in Trump’s criminal trial for falsifying business records to cover up his payments to Clifford to keep her story of their sexual encounter secret before the 2016 election, turns Trump’s aggressive dominance into sad weakness. Covering Clifford’s testimony, Maureen Dowd of the New York Times yesterday wrote that “Trump came across as a loser in her account—a narcissist, cheater, sad Hugh Hefner wannabe, trading his satin pajamas for a dress shirt and trousers (and, later, boxers) as soon as Stormy mocked him.”

In the literature of the cowboy myth, the young champion of the underdog is eventually supposed to settle down and take care of his family, who adore him. But the news of the past week has caricatured that shift, too. On Wednesday, May 8, the Republican Party of Florida announced that it had picked Trump’s youngest son, 18-year-old Barron, as one of the state’s at-large delegates to the Republican National Convention, along with Trump’s other sons, Eric and Donald Jr.; Don Jr.’s fiancée, Kimberly Guilfoyle; and Trump’s second daughter, Tiffany, and her husband. 

On Friday, May 10, Trump’s current wife and Barron’s mother, former first lady Melania Trump, issued a statement saying: “While Barron is honored to have been chosen as a delegate by the Florida Republican Party, he regretfully declines to participate due to prior commitments.” It is hard not to interpret this extraordinary snub from his own wife and son as a chilly response to the past month of testimony about his extramarital escapades while Barron was an infant.

Finally, there was the eye-popping story broken by Josh Dawsey and Maxine Joselow in the Washington Post on Thursday, revealing that last month, at a private meeting with about two dozen top oil executives at Mar-a-Lago, Trump offered to reverse President Joe Biden’s environmental rules designed to combat climate change and to stop any new ones from being enacted in exchange for a $1 billion donation. 

Trump has promised his supporters that he would be an outsider, using his knowledge of business to defend ordinary Americans against those elites who don’t care about them. Now he has been revealed as being willing to sell us out—to sell humanity out—for the bargain basement price of $1 billion (with about 8 billion people in the world, this would make us each worth about 12 and a half cents). 

Chief White House ethics lawyer in the George W. Bush administration Richard Painter wrote: “This is called bribery. It’s a felony.” He followed up with “Even a candidate who loses can be prosecuted for bribery. That includes the former guy asking for a billion dollars in campaign cash from oil companies in exchange for rolling back environmental laws.”

The cowboy myth was always a political image, designed to undermine the idea of a government that worked for ordinary Americans. It was powerful after the Civil War but faded into the past in the 1920s, 1930s, and 1940s as Americans realized that their lives depended on government regulation and a basic social safety net. The American cowboy burst back into prominence with the advent of the Marlboro Man in 1954, the year of the Supreme Court’s Brown v. Board of Education decision, and the idea of an individual white man who worked hard, wanted nothing from the government but to be left alone, was a sex symbol, and protected his women became a central myth in the rise of politicians determined to overturn the liberal consensus. 

Now it seems the myth has come full circle, with the party led by a man whose wife rejects him and whose lovers ridicule him, who makes up stories about dangerous “others,” cheats on his taxes, solicits bribes, and tries to sell out his followers for cash—the very caricature the mythological cowboy was invented to fight.

Trump presidency will dismantle federal government and allow states to monitor women’s pregnancies

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 1, 2024

Today, Florida’s ban on abortions after six weeks—earlier than most women know they’re pregnant—went into effect. The Florida legislature passed the law and Florida governor Ron DeSantis signed it a little more than a year ago, on April 13, 2023, but the new law was on hold while the Florida Supreme Court reviewed it. On April 1 the court permitted the law to go into operation today. 

The new Florida law is possible because two years ago, on June 24, 2022, the Supreme Court  overturned the 1973 Roe v. Wade decision that recognized the constitutional right to abortion. In Dobbs v. Jackson Women’s Health Organization, the modern court decided that the right to determine abortion rights must be returned “to the people’s elected representatives” at the state level. 

Immediately, Republican-dominated states began to restrict abortion rights. Now, one out of three American women of childbearing age lives in one of the more than 20 states with abortion bans. This means, as Cecile Richards, former president of Planned Parenthood, put it in The Daily Beast today, “child rape victims forced to give birth, miscarrying patients turned away from emergency rooms and told to return when they’re in sepsis.” It means recognizing that the state has claimed the right to make a person’s most personal health decisions. 

Until today, Florida’s law was less stringent than that of other southern states, making it a destination for women of other states to obtain the abortions they could not get at home. In the Washington Post today, Caroline Kitchener noted that in the past, more than 80,000 women a year obtained abortions in Florida. Now, receiving that reproductive care will mean a trip to Virginia, Illinois, or North Carolina, where the procedure is still legal, putting it out of reach for many women. 

This November, voters in Florida will weigh in on a proposed amendment to the Florida constitution to establish the right to abortion. The proposed amendment reads: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” Even if the amendment receives the 60% support it will need to be added to the constitution, it will come too late for tens of thousands of women.

It is not unrelated that this week Texas attorney general Ken Paxton, along with other Republican attorneys general, has twice sued the Biden administration, challenging its authority to impose policy on states. One lawsuit objects to the government’s civil rights protections for sexual orientation and gender identity. The other lawsuit seeks to stop a federal rule that closes a loophole that, according to Texas Tribune reporter Alejandro Serrano, lets people sell guns online or at gun shows without conducting background checks.  

In both cases, according to law professor and legal analyst Steve Vladeck, Paxton has filed the suit in the Amarillo Division of the U.S. District Court for the Northern District of Texas, where it will be assigned to Judge Matthew Kacsmaryk, the Trump appointee who suspended the use of mifepristone, an abortion-inducing drug, in order to stop abortions nationally. 

Last month the Judicial Conference, which oversees the federal judiciary, tried to end this practice of judge-shopping by calling for cases to be randomly assigned to any judge in a district; the U.S. District Court for the Northern District of Texas says it will not comply. 

And so the cases go to Kacsmaryk, who will almost certainly agree with the Republican states’ position.

Republicans are engaged in the process of dismantling the federal government, working to get rid of its regulation of business, basic social welfare laws and the taxes needed to pay for such measures, the promotion of infrastructure, and the protection of civil rights. To do so, they have increasingly argued that the states, rather than the federal government, are the centerpiece of our democratic system. 

That democracy belonged to the states was the argument of the southern Democrats before the Civil War, who insisted that the federal government could not legitimately intervene in state affairs out of their concern that the overwhelming popular majority in the North would demand an end to human enslavement. Challenged to defend their enslavement of their neighbors in a country that boasted “all men are created equal,” southern enslavers argued that enslavement was secondary to the fact that voters had chosen to impose it.

At the same time, though, state lawmakers limited the vote in their state, so the popular vote did not reflect the will of the majority. It reflected the interests of those few who could vote. In 1857, enslaver George Fitzhugh of Virginia explained that there were 18,000 people in his county and only 1,200 could vote. “But we twelve hundred…never asked and never intend to ask the consent of the sixteen thousand eight hundred whom we govern.”State legislatures, dominated by such men, wrote laws reinforcing the power of a few wealthy, white men. 

Crucially, white southerners insisted that the federal government must use its power not to enforce the will of the majority, but rather to protect their state systems. In 1850, with the Fugitive Slave Act, they demanded that federal officials, including those in free states, return to the South anyone a white enslaver claimed was his property. Black Americans could not testify in their own defense, and anyone helping a “runaway” could be imprisoned for six months and fined $1,000, which was about three years’ income. A decade later, enslavers insisted that it was “the duty of the Federal Government, in all its departments, to protect…[slavery]…in the Territories, and wherever else its constitutional authority extends.”

After the Civil War, Republicans in charge of the federal government set out to end discriminatory state legislation by adding to the Constitution the Fourteenth Amendment, establishing that states could not deny to any person the equal protection of the laws and giving Congress the power to enforce that amendment. That, together with the Fifteenth Amendment providing that “[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude,” Republicans thought, would stop state legislatures from passing discriminatory legislation.

But in 1875, just five years after Americans added the Fifteenth Amendment to the Constitution, the Supreme Court decided that states could keep certain people from voting so long as that discrimination wasn’t based on race. This barred women from the polls and flung the door open for voter suppression measures that would undermine minority voting for almost a century. Jim and Juan Crow laws, as well as abortion bans, went onto the books.

In the 1950s the Supreme Court began to use the Fourteenth Amendment to end those discriminatory state laws—in 1954 with the Brown v. Board of Education of Topeka, Kansas, decision that prohibited racial segregation in public schools, for example, and in 1973 with Roe v. Wade. Opponents complained bitterly about what they called “judicial activism,” insisting that unelected judges were undermining the will of the voters in the states. 

Beginning in the 1980s, as Republicans packed the courts with so-called originalists who weakened federal power in favor of state power, Republican-dominated state governments carefully chose their voters and then imposed their own values on everyone. 

Just a decade ago, reproductive rights scholar Elizabeth Dias told Jess Bidgood of the New York Times, a six-week abortion ban was seen even by many antiabortion activists as too radical, but after Trump appointed first Neil Gorsuch and then Brett Kavanaugh to the Supreme Court, the balance of power shifted enough to make such a ban obtainable. Power over abortion rights went back to the states, where Republicans could restrict them.

Trump has said he would leave the issue of abortion to the states, even if states begin to monitor women’s pregnancies to keep them from obtaining abortions or to prosecute them if they have one. 

Vice President Kamala Harris was in Jacksonville, Florida, today to talk about reproductive rights. She put the fight over abortion in the larger context of the discriminatory state laws that have, historically, constructed a world in which some people have more rights than others. “This is a fight for freedom,” she said, “the fundamental freedom to make decisions about one’s own body and not have their government tell them what they’re supposed to do.” 

GasLit Nation: Can Florida, and the rest of our democracy be saved?

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May 31, 2023

GASLIT NATION WITH ANDREA CHALUPA AND SARAH KENDZIOR

This conversation was recorded May 24, 2023 as a Gaslit Nation live taping and includes at the end a 
Q&A of questions dropped in the chat by our audience. Thank you to everyone who joined us!

Can Florida, and with it, the rest of our democracy be saved? Or is Florida destined to be an authoritarian cesspool under Brooks Brother Viktor Orbán – Ron DeSantis? In this special solution-rich episode of Gaslit Nation, author David Pepper discusses his latest book Saving Democracy: A User’s Manual for Every American.

David shares important lessons from the upset of Jacksonville’s mayoral race; why Florida’s Democratic Party State Chair Nikki Fried could give DeSantis a run for his money, and we discuss how Wisconsin, Michigan, and Minnesota have their acts together while New York’s Democratic Party remains stuck under Jay Jacobs who handed the House to Kevin McCarthy, bringing the American and therefore the global economy to the brink. (Elections have consequences, which is why Jay Jacobs must be replaced – join the movement here!)

If you’re stuck in a so-called blue state like New York that’s failing due to machine politics and complacency, or if you live in a fascist-gerrymandered hostage state known as a red state, this discussion has concrete steps you can take to empower your community. Local elections are the frontlines of our democracy, no matter where you live. And none of us are in this battle alone.

Thank you to everyone who joined our live taping with David Pepper. Be sure to check out his book Saving Democracy. If you would like to join a future live taping of Gaslit Nation, be sure to support the show at the Truth-teller level or higher. And to submit questions for our regular Q&As, sign up at the Democracy Defender level or higher. We’ll be back with an all new Q&A this coming Friday so stay tuned! Thank you to everyone who supports the show – we could not make Gaslit Nation without you!