Jack Smith

“It’s not theirs, it’s mine.”

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

July 6, 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GasLit Nation: The U.S. vs. Donald J. Trump

by

August 2, 2023

GASLIT NATION WITH ANDREA CHALUPA AND SARAH KENDZIOR

In The United States vs. Donald J. Trump, Special Counsel Jack Smith hits Trump and Trump alone with four charges of trying to violently overthrow our democracy and install himself as dictator. Read the 45 page indictment of the 45th president here. The case has randomly been assigned to Judge Tanya Chutkan who famously told Trump,” Presidents are not kings.” She also has a record of appropriate tough sentencing of January 6 insurrectionists, another Black woman on the frontlines of protecting our democracy, and doing so at much personal risk to herself and her family. This mini-episode was recorded before the reports of a possible active shooter today at the U.S. Capitol, a chilling reminder of our nation’s slow moving civil war, as recent Gaslit Nation guest Jeff Sharlet appropriately calls it.For those who want to go back in time to see Gaslit Nation’s own indictment of Trump’s violent coup attempt, read the transcript or listen to our January 13, 2021 episode Clear Intent, laying out Trump’s clear intention to overthrow our democracy, something prosecutors must now prove in court in order to send Trump to prison where he belongs.

MAGA Republicans hijacked a bipartisan bill that is essential to U.S. national security

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

July 14, 2023

Traditionally, the National Defense Authorization Act (NDAA), which funds the annual budget and appropriations of the Department of Defense, passes Congress on a bipartisan basis. Since 1961 it has been considered must-pass legislation, as it provides the funding for our national security.

For all that there is grumbling on both sides over one thing or another in the measure, it is generally kept outside partisanship. Late last night, House Republicans broke that tradition by loading the bill with a wish list from the far right.

Republicans added amendments that eliminate all diversity, equity, and inclusion (DEI) programs in the Defense Department; end the Defense Department program that reimburses military personnel who must travel for abortion services; bar healthcare for gender transition; prevent the military academies from using affirmative action in admissions (an exception the recent Supreme Court decision allowed); block the Pentagon from putting in place President Biden’s executive orders on climate change; prevent schools associated with the Defense Department from teaching that the United States of America is racist; and block military schools from having “pornographic and radical gender ideology books” in their libraries.

House speaker Kevin McCarthy (R-CA) tweeted: “We don’t want Disneyland to train our military. House Republicans just passed a bill that ENDS the wokism in the military and gives our troops their biggest pay raise in decades.” In fact, the events of last night were a victory for right-wing extremists, demonstrating that they hold the upper hand in the House.

Representatives Mikie Sherrill (D-NJ) and Chrissy Houlahan (D-PA), both military veterans, expressed shock that so many Republicans voted to strip abortion protections from military personnel. “[T]hey will say, ‘this is a really bad idea,’ ‘this is not where the party should be going,’ ‘this is a mistake,’” Sherill said. “[W]ell then why did everyone but two people in the Republican conference vote for this really bad amendment?”The bill passed by a vote of 219 to 210, largely along partisan lines.

This year’s budget is $886 billion as the U.S. modernizes the military to compete with new threats such as the rise of China, and it provides a 5.2% increase in pay for military personnel. But Senate Democrats will not vote for it with the new partisan amendments and are working on their own measure. While there will be a conference committee to hammer out the differences between the two versions, McCarthy has offered a position on that committee to Representative Marjorie Taylor Greene (R-GA), one of the extremists. This is an unusual offer, as she is not on the House Armed Services Committee. House minority leader Hakeem Jeffries (D-NY) said: “Extreme MAGA Republicans have hijacked a bipartisan bill that is essential to our national security and taken it over and weaponized it in order to jam their extreme right-wing ideology down the throats of the American people.”

“We are not going to relent, we are not going to back down, we’re not going to give up on the cause that is righteous,” Representative Scott Perry (R-PA) said.Representative Sean Casten (D-IL) summed up the vote today on Twitter. “The National Defense Authorization Act (NDAA) is the bill that funds all of our military operations. It is typically bipartisan and is about as serious as Congress gets.

What weapons of war we fund, which allies we share them with, how we recruit. National security is a BFD. We can have our political debates about any number of issues but it is generally understood that when Americans are willing to sacrifice their lives to defend us, it’s time to check the crazies at the door. But today, the crazies won.“

They won first because [McCarthy] put the crazies in positions of power. But second because none of the “moderate” Republicans had the courage to stay the hell out of KrazyTown…. Is every member of the [House Republican Conference] a homophobic, racist, science denying lunatic? No. But the lesson of today is that the ones who aren’t are massive cowards completely unfit for any position of leadership. 

“There is space—and demand—for reasonable differences of opinion in our democracy. This isn’t about whether we agree. It’s about whether we can trust that—differences aside—we trust that we’ve got each other’s back if we ever find ourselves in a foxhole together. That’s usually a metaphor, conflating the horrors of war with the much lower-stakes lives that most of us are fortunate enough to lead. But today, the entire [House Republican Conference] told us—both literally and metaphorically—that they don’t give a damn about the rest of the unit.”

How we remember Juneteenth. Our history matters

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

June 19, 2023

(June 19th) is the federal holiday honoring Juneteenth, the celebration of the announcement in Texas on June 19th, 1865, that enslaved Americans were free. 

On April 9, 1865, General Robert E. Lee surrendered his Army of Northern Virginia to General Ulysses S. Grant of the U.S. Army, but it was not until June 2 that General Edmund Kirby Smith surrendered the Trans-Mississippi Department, the last major army of the Confederacy, to the United States, in Galveston, Texas. Smith then fled to Mexico. 

Seventeen days later, Major General Gordon Granger of the U.S. Army arrived to take charge of the soldiers stationed there. On June 19, he issued General Order Number 3. It read:  

“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor.” 

The order went on: “The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere.”

While the Thirteenth Amendment to the Constitution abolishing enslavement except as punishment for a crime had passed through Congress on January 31, 1865, and Lincoln had signed it on February 1, the states were still in the process of ratifying it. 

So Granger’s order referred not to the Thirteenth Amendment, but to the Emancipation Proclamation of January 1, 1863, which declared that Americans enslaved in states that were in rebellion against the United States “shall be then, thenceforward, and forever free; and that the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons.” Granger was informing the people of Galveston that, Texas having been in rebellion on January 1, 1863, their world had changed. The federal government would see to it that, going forward, white people and Black people would be equal.

Black people in Galveston met the news Order No. 3 brought with celebrations in the streets, but emancipation was not a gift from white Americans. Black Americans had fought for the United States and worked in the fields to grow cotton the government could sell. Those unable to leave their homes had hidden U.S. soldiers, while those who could leave indicated their hatred of the Confederacy and enslavement with their feet. They had demonstrated their equality and their importance to the postwar United States. 

The next year, after the Thirteenth Amendment had been added to the Constitution, Texas freedpeople gathered on June 19, 1866, to celebrate with prayers, speeches, food, and socializing the coming of their freedom. By the following year, the federal government encouraged “Juneteenth” celebrations, eager to explain to Black citizens the voting rights that had been put in place by the Military Reconstruction Act in early March 1867, and the tradition of Juneteenth began to spread to Black communities across the nation.

But white former Confederates in Texas were demoralized and angered by the changes in their circumstances. “It looked like everything worth living for was gone,” Texas cattleman Charles Goodnight later recalled. 

In summer 1865, as white legislators in the states of the former Confederacy grudgingly ratified the Thirteenth Amendment, they also passed laws to keep freedpeople subservient to their white neighbors. These laws, known as the Black Codes, varied by state, but they generally bound Black Americans to yearlong contracts working in the fields owned by white men; prohibited Black people from meeting in groups, owning guns or property, or testifying in court; outlawed interracial marriage; and permitted white men to buy out the jail terms of Black people convicted of a wide swath of petty crimes, and then to force those former prisoners into labor to pay off their debt.

In 1865, Congress refused to readmit the Southern states under the Black Codes, and in 1866, congressmen wrote and passed the Fourteenth Amendment to the Constitution. Its first section established that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” It went on: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” 

That was the whole ball game. The federal government had declared that a state could not discriminate against any of its citizens or arbitrarily take away any of a citizen’s rights. Then, like the Thirteenth Amendment before it, the Fourteenth declared that “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article,” strengthening the federal government.

The addition of the Fourteenth Amendment to the Constitution in 1868 remade the United States. But those determined to preserve a world that discriminated between Americans according to race, gender, ability, and so on, continued to find workarounds. 

On Friday, June 16, 2023, the Department of Justice—created in 1870 to enforce the Fourteenth Amendment—released the report of its investigation into the Minneapolis Police Department (MPD) and the City of Minneapolis in the wake of the May 2020 murder of George Floyd by a police officer. The 19-page document found systemic “conduct that deprives people of their rights under the Constitution and federal law,” discriminating against Black and Native American people, people with behavioral health disabilities, and protesters. Those systemic problems in the MPD’s institutional culture enabled Floyd’s killing. 

Minneapolis police performed 22% more searches, 27% more vehicle searches, and 24% more uses of force on Black people than on white residents behaving in similar ways. They conducted 23% more searches and used force 20% more on Indigenous Americans.  

The Justice Department’s press release specified that the city and the police department “cooperated fully.” The two parties have “agreed in principle” to fix the problem with sweeping reforms based on community input, with an independent monitor rather than litigation. 

While the Senate unanimously approved the measure creating the Juneteenth holiday last year, fourteen far-right Republicans voted against it, many of them complaining that such a holiday would be divisive. 

How we remember our history matters.