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: Trump Lost, But the Coup Won

February 8, 2023

GASLIT NATION WITH ANDREA CHALUPA AND SARAH KENDZIOR

We at Gaslit Nation like to think big picture, so like a pair of melting clocks in a desert wasteland we shall force your memory to persist! This week, we look back at the last two years and come to a terrible realization: Trump lost, but the coup won. 

Among the points of evidence for this claim: 1) The seditionists and insurrectionists who plotted the coup now control the House of Representatives 2) Trump remains free and running for POTUS 3) Radical right-wing SCOTUS made possible by Trump is tossing out fundamental rights and overruling the public will 4) The US is the first country to not prosecute its own coup plotters, thanks to Merrick Garland’s DOJ 5) Other coup abettor officials, like Christopher Wray and Louis DeJoy, remain in office despite their betrayal 6) We still don’t know key details about the 1/6 attacks – like who that lady planting bombs was — and neither the DOJ nor the Jan 6 committee members are in any hurry to provide them 7) The GOP launched an attack on civil rights, called it a “culture war”, and liberal officials surrendered in advance.

And there’s more where that came from! We ask and answer key questions, like “What the actual ****?” and “What can be done?” Tune in and find out!

GasLit Nation: A Book Deal Isn’t Justice

February 1, 2023

GASLIT NATION WITH ANDREA CHALUPA AND SARAH KENDZIOR

Hey DOJ – quit writing and start indicting! This week we discuss the ongoing grotesque trend of former officials writing books about all the crimes they didn’t solve instead of actually protecting our country while in office. This is a long-brewing crisis going back to the days of John Bolton and James Comey, and its latest iteration is Mark Pomerantz, another lawyer lackey timing his “tell-all” for maximum profits and minimum democracy. We discuss how NDAs block the public from vital info and how the publishing industry has created an incentive for officials to remain silent about – or even participate in — state crimes.

We continue to discuss the case of Charlie McGonigal – the indicted FBI official who was secretly working for sanctioned Russian oligarch Oleg Deripaska –  in the context of a broader look at corruption in the so-called “department of justice.” We examine the factors that contribute to this crisis including insularity, elitism, and nepotistic networks. We also destroy the myth that authoritarianism and law are two separate categories and that expertise on one negates knowledge of the other. Mafia states are in fact dependent on the judiciary, which functions as the cage bars of autocracy. If you understand how the judicial system works in a typical kleptocracy, the Biden and Trump DOJs will strike you as familiar. This is why the “legal pundits” polluting our airways with savior syndrome myths are not only vapid, but, over time, dangerous, as they destroy public expectations of good governance.

We also discuss the difficulty of parenting during this era of flagrant injustice. It’s Merrick Garland’s DOJ, but our children will have to live in its aftermath.

For our bonus episode, available to Patreon subscribers at the Truth-Teller lever or higher, we answer questions from our listeners. Among the topics covered are Fani Willis and the Georgia investigation, what happens if Trump is indicted, Ron DeSantis lackey Christina Pushaw, and the debt ceiling crisis. We will answer ANYTHING so please join on Patreon and send us your questions! Gaslit Nation is 100% independent. Our independence is what makes it possible to address topics most media outlets avoid. We thank you for your support and for keeping us going!

Extremists are now the face of the new MAGA Republican Party

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

January 25, 2022

Democrats are generally staying out of the way and letting Speaker Kevin McCarthy and the House Republicans make a spectacle of themselves. In order to get the votes to become speaker, McCarthy had to give power to extremists like Marjorie Taylor Greene (R-GA), and now has openly brought her on board as a close advisor, making the extremists the face of the new MAGA Republican Party. If McCarthy appears to have abandoned principle for power by catering to the far right, Representative George Santos (R-NY) hasn’t helped: stories of his lies have mounted, and financial filings yesterday suggest quite serious financial improprieties. 

Even the Senate Republicans seem to be keeping their heads down while the House Republicans perform for their base. Demanding big cuts in spending before they agree to raise the debt ceiling has put the House Republicans in a difficult spot. They have been clear that they intend to slash Social Security and Medicare, only to have Trump, who was the one who originally insisted on using the debt ceiling to get concessions out of Democrats, recognize that such cuts are enormously unpopular and say they should not touch Medicare and Social Security. Senate Republicans have said they will stay out of debt ceiling negotiations until the House Republicans come up with a viable plan.

While the House Republicans take up oxygen, the Democrats are highlighting for the American people how, over the past two years, they have carefully and methodically changed U.S. policy to stop the concentration of wealth and power in the hands of the few. 

In July 2021, President Joe Biden signed an executive order to promote competition in the economy. Since the 1980s, he said, when right-wing legal theorist Robert Bork masterminded a pro-corporate legal revolution against antitrust laws, the government had stopped enforcing laws to prevent giant corporations from concentrating their power. The result had been less growth, weakened investment, fewer small businesses, less bargaining power for workers, and higher prices for consumers. 

“[T]he experiment failed,” he said.

Biden vowed to change the direction of the government’s role in the economy, bringing back competition for small businesses, workers, and consumers. Very deliberately, he reclaimed the country’s long tradition of opposing economic consolidation. Calling out both presidents Roosevelt—Republican Theodore, who oversaw part of the Progressive Era, and Democrat Franklin, who oversaw the New Deal—Biden celebrated their attempt to rein in the power of big business, first by focusing on the abuses of those businesses and then by championing competition. 

The administration put together a whole-of-government approach to restore competition based on the 72 separate actions outlined in Biden’s executive order. A terrific piece today by David Dayen in The American Prospect suggests that the effort has worked. Overall, Dayen concludes, the executive order of July 9, 2021, was “one of the most sweeping changes to domestic policy since FDR.” 

While administrations since Reagan have judged whether consolidation is harmful solely by its effect on consumer prices, the Biden approach also factors in the welfare of workers, including their ability to negotiate higher wages. It has also taken on the sharing of medical patents that have raised costs of drugs and equipment like hearing aids by preventing others from entering the market. It has taken on large businesses’ strangling of start-up competitors simply by buying them out before they take off. And, crucially, it has claimed the ability to review previous mergers that it now deems in violation of antitrust laws, citing the 1911 breakup of Standard Oil. 

Dayen notes that one of the causes for a sharp drop in mergers and acquisitions in the second half of 2022 is that government agencies are willing to enforce antitrust laws. “Just about everything on competition has been hard-fought,” he writes, “[b]ut there’s plenty of evidence of real movement.”

Not only government agencies, but also the Democratic Congress—along with some Republicans—passed a number of laws that have shifted the economic policy of the nation. Biden is fond of saying that he doesn’t believe in trickle-down economics and that he intends to build the economy from the bottom up and the middle out. New numbers suggest the policies of the past two years are doing just that.

The December jobs report from the Bureau of Labor Statistics showed that job growth continues strong. The country added 223,000 jobs in December, and the unemployment rate went down slightly to 3.5 percent. The last two years of job growth are the strongest on record, and the country has recovered all the jobs lost during the pandemic. According to the White House, 10.7 million jobs were created and a record 10.5 million small businesses’ applications were filed in the past two years. 

On Monday the Wall Street Journal reported that median weekly earnings rose 7.4% last year, slightly faster than inflation. For Black Americans employed full time, the median rise was 11.3% over 2021. A median Hispanic or Latino worker’s income saw a 4.8% raise, to $837 a week. Young workers, between 16 and 24, saw their weekly income rise more than 10%. Also seeing close to a 10% weekly rise were those in the bottom tenth of wage earners, those making about $570 a week. The day after the Wall Street Journal’s roundup, Walmart, which employs 1.7 million people in the U.S., announced it would raise its minimum wage to $14 an hour, up from $12.

Democrats promised that the CHIPS and Science Act would bring “good paying” jobs to those without college degrees by investing in high-tech manufacturing. A study by the Brookings Institution out yesterday notes that the act has already attracted multibillion-dollar private investments in New York, Indiana, and Ohio and that two thirds of the jobs they will produce are accessible to those without college degrees. Those jobs do, in fact, pay better than most of those available for those without college degrees, although Brookings urged better investment in training programs to make workers ready for those jobs. 

The Inflation Reduction Act gave Medicare the power to negotiate drug prices with pharmaceutical companies and capped the cost of insulin for those on Medicare at $35 a month (Republicans blocked an attempt to make that cap available for those not on Medicare). It made hearing aids available over the counter, making them dramatically cheaper, and it also expanded subsidies for the Affordable Care Act. Today the Department of Health and Human Services announced that a record number of Americans enrolled in the ACA in the last open enrollment period: 16.3 million people.

Greg Sargent of the Washington Post notes that much of the investment from these laws is going to Republican-dominated states even though their Republican lawmakers opposed the laws and voted against them. The clean energy investments of the Inflation Reduction Act are going largely to those states, bringing with them additional private investment. A solar panel factory is expanding into Greene’s own district despite her vocal opposition both to alternative energy and to the Inflation Reduction Act. 

For 40 years the Republican Party offered a vision of America as a land of hyperindividualism, in which any government intervention in the economy was seen hampering the accumulation of wealth and thus as an attack on individual liberty. The government stopped working for ordinary Americans, and perhaps not surprisingly, many of them have stopped supporting it. Biden refused to engage with the Republicans on the terms of their cultural wars and has instead reclaimed the idea that government can actually work for the good of all by keeping the economic playing field level for everyone.

Biden and members of his administration are taking to the road to tout their successes to the country, especially to those places most skeptical of the government. If they can bring the Republican base around to support their economic policies, they will have realigned the nation as profoundly as did FDR and Theodore Roosevelt before them.