While Trump refuses to debate her again, Kamala delivers a knockout punch in his right-wing territory

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

October 16, 2024

Two Fox News Channel interviews bracketed today: one this morning with Republican presidential candidate Donald Trump in front of an audience of hand-picked Republican women in Georgia, the other by Democratic presidential candidate Vice President Kamala Harris with host Bret Baier. Together, the two were a performance of dominance. 

FNC billed Trump’s so-called town hall as a chance for female voters, a demographic that is swinging heavily to Harris, to ask Trump about issues they care about. But Hadas Gold and Liam Reilly of CNN reported that FNC had packed the audience with Trump supporters. The first question came from the president of the Fulton County Republican Women, though she was not identified as such. FNC then edited the broadcast to cut out remarks in which the attendees expressed support for Trump. 

It seems unlikely that Trump attracted any new voters by speaking to an audience of loyalists audibly cheering him on.

After Trump refused to debate her again, Harris voluntarily moved into his right-wing territory, agreeing to an interview with FNC host Bret Baier. In that interview, Baier reframed right-wing talking points as questions, essentially giving Trump a second shot at a debate. Baier kept talking over the vice president’s attempts to answer—even putting out a hand to interrupt her—in a stark contrast to FNC’s deference to Trump. Harris asked him to let her reply, and then answered his questions, sometimes testily, usually turning them into opportunities to contrast her own candidacy and record with Trump’s. 

Control of the interview changed abruptly when Harris called out Trump for referring to the “enemy within” and talking about using the American military against those he considers enemies. Baier used that opportunity to show a clip of Trump saying he wasn’t threatening anyone, but the clip was edited to remove his threats against “sick,” “evil,” “dangerous” “Marxists and communists and fascists” including Representative Adam Schiff (D-CA) and “the Pelosis”—presumably former House speaker Nancy Pelosi (D-CA) and her husband, who was attacked by a man with a hammer in 2022 by a man who wanted to force Nancy Pelosi to renounce the investigation into the 2016 Trump campaign’s ties to Russia. 

Harris had had enough propaganda.

“Bret, I’m sorry, and with all due respect, that clip was not what he has been saying about the enemy within that he has repeated when he’s speaking about the American people. That’s not what you just showed…. You and I both know that he’s talked about turning the American military on the American people. He has talked about going after people who are engaged in peaceful protest. He has talked about locking people up because they disagree with him. This is a democracy. And in a democracy, the president of the United States in the United States of America should be… able to handle criticism without saying he’d lock people up for doing it. And this is what is at stake, which is why you have someone like the former chairman of the Joint Chiefs of Staff saying what Mark Milley has said about Donald Trump being a threat to the United States of America.” 

Simply by going on the right-wing network, Harris was demonstrating dominance. Then, by answering as thoroughly as she did, she undercut the right-wing narrative that she is stupid and inarticulate. By calling out the FNC for deliberately misleading its viewers, she took command. Baier, rather than Harris, was the one doing the post-interview spinning.

Writer Peter Wehner, who worked for presidents Ronald Reagan, George H.W. Bush, and George W. Bush, wrote: “Bret Baier has rarely looked as bad (or tendentious) as he did in his interview with Kamala Harris. On the flip side, this was one of her best interviews. She dominated Bret. All in all it was quite a bad day for MAGA world’s most important media outlet.”

In between the two FNC events were two others that also told a story, this one about how the Republican Party’s descent into MAGA is creating a new political coalition to defend American principles.

Trump held a town hall with undecided Latino voters moderated by Mexican journalist Enrique Acevedo for Univision. Members of the audience asked excellent questions: how would he bring down household costs, who would take the jobs left behind by undocumented workers if Trump deported them and how much would that drive up food costs, why Trump took so long to stop the January 6 rioters, if he had caused deaths during the pandemic by misleading Americans, and if he agrees with his wife, Melania, about protecting abortion rights. 

But Trump did not answer the questions, instead regurgitating his usual talking points. He promised to produce more oil and gas, called undocumented immigrants criminals, repeated the lie about Haitian migrants eating pets, and, after notably referring to the January 6 rioters as “we” and law enforcement officers as “the others,” called January 6 “a day of love.” The audience did not appear convinced.

Meanwhile, Vice President Harris joined more than 100 Republicans in Pennsylvania, near the spot where George Washington and more than 2,000 Continental soldiers crossed the Delaware River on Christmas night 1776 to surprise a garrison of British soldiers at Trenton, New Jersey, where they won a strategic victory. 

Harris noted that those gathered were also near Philadelphia, where in 1787 delegates from across the country gathered to write and sign the U.S. Constitution. 

“That work was not easy. The founders often disagreed. Often quite passionately. But in the end, the Constitution of the United States laid out the foundations of our democracy, including the rule of law, that there would be checks and balances, that we would have free and fair elections and a peaceful transfer of power. And these principles and traditions have sustained our nation for over two centuries, sustained because generations of Americans, from all backgrounds, from all beliefs, have cherished them, upheld them, and defended them. 

“And now, the baton is in our hands,” she said. [A]t stake in this race are the democratic ideals that our founders and generations of Americans before us have fought for. At stake in this election is the Constitution of the United States…its very self.” 

Harris welcomed the Republicans in the crowd, saying that everyone there shared a core belief: “That we must put country before party.” The crowd chanted, “USA, USA, USA.” 

Harris noted that many of the Republicans on stage had taken the same oath to the Constitution that she had. “We here know the Constitution is not a relic from our past, but determines whether we are a country where the people can speak freely, and even criticize the president, without fear of being thrown in jail, or targeted by the military. Where the people can worship as they choose without the government interfering. Where you can vote without fear that your vote will be thrown away. All this and more depends on whether or not our leaders honor their oath to the Constitution.”

Trump, she pointed out, tried to overturn the will of the people expressed in a free and fair election, has vowed to use the military to go after any American who doesn’t support him, and has called for the “termination” of the Constitution. “It is clear,” she said, “Donald Trump is increasingly unstable and unhinged, and he is seeking unchecked power.” Trump, she said, “must never again stand behind the seal of the President of the United States.”

“And to those who are watching,” she said, “if you share that view, no matter your party, no matter who you voted for last time: There is a place for you in this campaign. The coalition we have built has room for everyone who is ready to turn the page on the chaos and instability of Donald Trump.”

“I pledge to you to be a President for all Americans. And I take that pledge seriously.”

She reiterated her promise to appoint a Republican to her cabinet and to establish a Council on Bipartisan Solutions to strengthen the middle class, secure the border, defend our freedoms, and maintain the nation’s leadership in the world. She noted that the country needs a healthy two-party system, and described how the Senate Intelligence Committee left partisanship at the door. It “was “country over party in action,” when she sat on the committee, she said, “[s]o I know it can be done.”

“[O]ur campaign is not a fight against something,” she said. “It is a fight for something. It is a fight for the fundamental principles upon which we were founded, It is a fight for a new generation of leadership that is optimistic about what we can achieve together—Republicans, Democrats, and independents who want to move past the politics of division and blame and get things done on behalf of the American people.

“[W]e are all here together this beautiful afternoon because we love our country…and we know the deep privilege and pride that comes with being an American and the duty that comes along with it…. Imperfect though we may be, America is still that ‘shining city upon a hill’ that inspires people around the world. And I do believe it is one of the highest forms of patriotism to fight for the ideals of our country.”

“So, to people from across Pennsylvania, and across our nation, let us together stand up for the rule of law, for our democratic ideals, and for the Constitution of the United States. And in twenty days, we have the power to chart a New Way Forward, one that is worthy of this magnificent country that we are all blessed to call home.” 


Kamala earns a key endorsement while Trump hides from 60 Minutes and a second debate

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

October 10 2024

Hurricane Milton made landfall yesterday evening as a Category 3 storm just south of Sarasota, Florida. Before the hurricane hit, thirty-eight tornadoes swept across thirteen counties in the state, putting about 1.26 million people under a tornado advisory. With the hurricane came high winds and water, including ten to twenty inches of rain in the Tampa area. And, although it was not the worst-case scenario people feared, eleven people are dead and about three million are without power because of the storm. The Federal Emergency Management Agency has been on the ground since before the storm hit. 

In election news, today, The Atlantic endorsed Vice President Kamala Harris for president. This is only the fifth time since its founding in 1857 that The Atlantic has endorsed a presidential candidate. It is the third time it has endorsed Trump’s opponent. It also endorsed Lyndon Baines Johnson in 1964 when he ran against extremist Arizona senator Barry Goldwater. And in 1860 it endorsed Abraham Lincoln. 

The Atlantic’s endorsement of Harris echoes its earlier endorsement of Lincoln, not only in its thorough dislike of Trump as “one of the most personally malignant and politically dangerous candidates in American history”—an echo of its 1860 warning that this election “is a turning-point in our history”—but because both endorsements show a new press challenging an older system.

In Public Notice today, Noah Berlatsky listed the many articles claiming that Harris is avoiding the press, including most recently a social media post from Politico’s Playbook that read: “After avoiding the media for neigh [sic] on her whole campaign, Kamala Harris is…still largely avoiding the media.” Berlatsky pointed out that Harris has taken questions from reporters as she campaigns and has sat down with the National Association of Black Journalists, CNN, Spanish language radio station Uforia, and Action News in Pennsylvania, and did a presidential debate with ABC News. Earlier this week, she appeared on 60 Minutes.

With Trump refusing to participate in another presidential debate, Vice President Harris today accepted CNN’s invitation to a live, televised town hall on October 23 in Pennsylvania. In the announcement, Harris-Walz campaign chair Jen O’Malley Dillon noted that Trump has confined his recent appearances to conservative media.

Indeed, Trump backed out of a 60 Minutes interview and has appeared only on the shows of loyalists. And yet, Berlatsky points out, he is not receiving similar criticism. Indeed, observers note that Trump has tended to get far more favorable coverage than his mental slips, open embrace of Nazi racism, fantastical lies, and criminal indictments deserve. 

In a piece today, Matt Gertz of the media watchdog Media Matters reports that five major newspapers—the Los Angeles Times, the New York TimesUSA Today, the Wall Street Journal, and the Washington Post—produced nearly four times as many articles about Democratic candidate Hillary Clinton’s email server in 2016 in the week after then–FBI director James Comey announced new developments in the story than they did about the unsealing of a new filing in Trump’s federal criminal indictment for alleged crimes related to the January 6 insurrection earlier this month. 

“None of the papers ran even half as many Trump indictment stories as they did on Clinton’s server,” Gertz wrote. “Indeed, every paper ran more front-page stories that mentioned Clinton’s server [than] they did total stories that referenced Trump’s indictment.” “The former president continues to benefit from news outlets grading him on a massive curve,” Gertz wrote, “resulting in relatively muted coverage for his nakedly authoritarian, unfathomably racist, and allegedly criminal behavior.”

On Tuesday, October 8, Ian Bassin and Maximillian Potter of the Columbia Journalism Review outlined Trump’s longstanding attack on the U.S. media as “fake news,” an attack that is ongoing and obvious. (Just today, he threatened CBS and “all other Broadcast Licenses, because they are just as corrupt as CBS—and maybe even WORSE!”)

Bassin and Potter note that in his attacks on the media, Trump is following the pattern of authoritarians like Hungarian prime minister Viktor Orbán, who attacked media critics with audits, investigations, and harassment until he “drove independent media from the field.” They also note the observation of Timothy Snyder, a scholar of authoritarianism, that power is often freely given to an authoritarian in anticipation of punishment, what Snyder calls “anticipatory obedience.” 

And yet, in the past in the U.S., when the media has appeared to become captive to established interests, new media have begun to give a voice to the opposition. In the 1850s, when elite enslavers stopped the circulation of newspapers and books calling for abolition, they prompted an explosion of new media that expressed the sentiments of those opposed to the expansion of human enslavement. Editor Horace Greeley led the way with the New-York Tribune in the 1840s. He was keenly aware of the importance of the new press and, as an early convert to the Republican Party, led his paper to become the anchor of a string of new Republican newspapers across the North—including the Chicago Tribune and the New York Times—that spread the party’s ideology. 

The Atlantic Monthly’s endorsement of Lincoln in 1860 was part of that movement, and poet James Russell Lowell, who wrote the endorsement, mocked the idea that the press should avoid causing trouble. “We are gravely requested to have no opinion, or, having one, to suppress it, on the one topic that has occupied caucuses, newspapers, Presidents’ messages, and congress, for the last dozen years, lest we endanger the safety of the Union…. In a democracy it is the duty of every citizen to think.”

Harris has nodded to established media, but as Berlatsky points out, there is very little payoff for her in focusing on those venues, since those audiences are generally already quite attuned to politics and are looking for new developments and scandals. In contrast, winning in 2024 means turning out new voters by finding new venues that offer them a political voice. Harris has recognized that media shift by focusing her media appearances on podcasts like Call Her Daddy, radio shows like Howard Stern’s, and television shows like The Late Show with Stephen Colbert and The View. 

Campaign staffer Victor Shi noted that, based on averages, Harris’s appearance on Call Her Daddy reached 5 million people, The View, 2.45 million; Howard Stern, 10 million; and Stephen Colbert, 3.2 million—in all, 25 million or more people that traditional media do not reach. (Shi also called attention to the fact that on October 9, the campaign live streamed an Arizona rally by Minnesota governor and Democratic vice presidential candidate Tim Walz on the World of Warcraft Twitch stream.)  

The Atlantic nodded to the free thought on which the magazine was founded in 1857 when it came out strongly for Harris today. It is endorsing Harris, it said, because she “respects the law and the Constitution. She believes in the freedom, equality, and dignity of all Americans. She’s untainted by corruption, let alone a felony record or a history of sexual assault. She doesn’t embarrass her compatriots with her language and behavior, or pit them against one another. She doesn’t curry favor with dictators. She won’t abuse the power of the highest office in order to keep it. She believes in democracy. These, and not any specific policy positions, are the reasons The Atlantic is endorsing her.”


The Eternal Election Season

 

Make It Stop, Already!

 
By Sarah Kendzior | Oct 8
 

“Jesus Is Coming,” the sign said. “Hopefully Before the Election.”

The sign was under two stained glass windows in an old brick church in central Missouri. I was driving back from visiting a spring said to possess magical healing powers, so I was in a believing kind of mood.

Believing in a miracle: Election Season will end.

We have been in Election Season for a decade. The season has no predictable pattern other than its steady series of disasters. It is like climate change, with each catastrophe first denied and then weaponized. We know the roots of the crises, but no one is held accountable. We know how to mitigate the damage, but the powerful insist it is ordinary people’s fault.

“You should have voted the hurricane out,” they scold. “It’s your job to evacuate before fascism arrives!”

Maybe I got that backwards. It’s hard to keep messaging straight in Election Season, when authority holds no sincerity and time loses all meaning.

There are no sweet summers or crisp autumns or cool winters or lush springs in Election Season. There is only the memory of a bygone era when things changed, instead of dragging on and on.

Once there were four seasons and now there is one: climate chaos. Once there were rotating four-year presidencies and now there is one endless campaign, a pale horse race whose rider is Death, and Hell follows him. Hell follows you too, on social media, and demands you follow Hell back. Hell follows your phone and your car and your right to privacy and asks you for a donation.

I don’t know whether the small-town church was rooting for the end of the world or a better one. I don’t know for whom its congregants vote, and I don’t care. I arrived pre-converted. That sign preached to the choir in my mind.

Jesus, make it stop already! the voices cry. Make Election Season end!

So sure, I’ll take the literal version. Come on down, Jesus. Get ready for folks to bitch you out too.

*          *          *

The church is in Piedmont, the UFO Capital of Missouri. Piedmont’s status was made official in a decree from the state legislature in 2023. It was the only useful thing they did all year.

I am of the mind that the Missouri legislature should confine themselves to such activities, like proclaiming a dog to have psychic powers or designating Provel the state cheese, since the rest of their actions rape our rights.

In 2022, the Republican state legislature signed away my bodily autonomy. That means if extraterrestrials return to Piedmont and abduct me, they will only get a semi-person, by legal standards. I don’t know if aliens care about legal standards, but I don’t think the government does either.

Piedmont has embraced its UFO Capital identity. In 1973, residents spotted strange objects in the sky. In 2023, Piedmont commemorated the 50th anniversary by building a park decorated with plastic extraterrestrials and a pagoda shaped like a flying saucer.

Businesses flaunt the UFO theme. At the gun shop, an alien grins in camouflage. On a tavern mural, a little green man drinks beer. Pet stores and garbage companies add flying saucer decals to their signs for no reason. Life is just more interesting that way.

There was not a soul to be seen in Piedmont the day my husband and I arrived. Maybe they got lucky, and the UFOs took them. Maybe Jesus came early.

Maybe we were too late.

*          *          *

Technically there is less than a month until Election Season ends, but that’s a lie. It will stretch beyond November 5 because there is no longer a firm winner, only contestation and violence and profiteering, swirling like storm water in a sewer.

The 2024 campaign discourse was a rerun in which pundits gave the same warnings about Trump’s autocratic aims that I gave in 2016 but ignored that he has since held office and carried many of them out, including sedition, yet was unpunished and allowed to run for president again.

That is the real story of the 2024 election: sanctioned illegality. Impunity countenanced by all sides. No one in power takes the sovereignty of the US seriously and now they don’t even bother pretending.

My worry about the election is surpassed by my worry about war with Iran. War will likely happen regardless of whether Harris or Trump wins, even though Americans don’t want it. The will of the people is no longer an important part of US elections.

The Trump administration was packed with Iran hawks like John Bolton and Mike Pompeo and Jared Kushner. Harris touts her alliances with the Cheney family and other Bush neocons along with her desire to have the world’s “most lethal” military (not the smartest, not the bravest, only the most lethal). Both candidates have vowed unconditional support for Israel’s violence, which they call “self-defense.”

Whatever words of condemnation Democrats occasionally have for the country that massacred at least 16,000 Palestinian children are negated by the billions in military aid they sent the murderers. There are no red lines other than blood. The invasion that began in Gaza under the pretense of “rescuing hostages” has expanded to Lebanon.

But Iran is the prize. It has been since I was born.

*          *          *

Much as I can remember no time before Trump, even though he’s a career criminal who should have been banished decades ago, I can remember no time before US officials sought war with Iran. The warmongering ebbed and flowed, back when there used to be seasons.

But now it is everywhere, all the time.

I am terrified of this war. I have dreaded it my whole life, like the inverse of war criminals like Elliott Abrams — employed by the Reagan and Bush and Trump and Biden administrations — who spent 45 years salivating over it. He is in a cohort of bloodlust ready to realize their nightmare dream. An Iran War fits Armageddon fantasies as well as American revenge plots guised as realpolitik.

Do not be fooled by claims of self-defense: the only politics at play are necropolitics.

In Iran there is a site called Naqsh-e Rostam. It was the necropolis of the Achaemenid dynasty from around 500 BC. A necropolis is a city of the dead, comprised of elaborate tombs. Naqsh-e Rostam is one of many historic marvels in Iran, a country full of ancient ruins of diverse empires and feats of Islamic architecture.

I worry it will be destroyed, like the ancient churches and mosques of Gaza. I worry Iran will become a necrostate.

I worry most that Iranian civilians, people who did nothing wrong, will be murdered, like the Palestinians. I worry because when Israel is doing the murdering, the US does nothing but abet and obey — and now may join full throttle.

During my junior year of college, I studied in Vienna. I visited the neighboring former Warsaw Pact countries, amazed that what would have been an impossible trip for my parents’ generation was easy for mine. It was 1998. The USSR had collapsed, South Africa was free of apartheid, 9/11 had not yet happened. Pundits proclaimed world peace was inevitable, and people believed them.

I imagined having a son who could study in a free Iran, like I was doing in countries once labeled off-limits. I pictured the two of us as tourists in Naqsh-e Rostam. I would explain that when I was his age, Americans visiting Iran for fun was unthinkable, and we would laugh in relief at how times had changed.

Now I have a teenage son, and I worry his generation will go to Iran — for war. The 1990s dream of peace died long ago. My worry is for the people who die with it.

*          *          *

In the Ozarks, I kept seeing four horses. They were wild, so I consoled myself that this was not Revelation. We still have time before the riders arrive, I thought, dipping my hands in the magical springs. We have a month of anxiety before bedlam begins.

A hurricane is bearing down as I write this, and I only want it to stop. A war is being plotted, and I only want it to stop. A genocide is raging, and I want it to stop so badly that my heart pounds until it breaks.

But none of it stops.

Israel and its partners never intended to stop at Gaza. Nor do they intend to stop at Lebanon or even at Iran. I watch their maneuvers not only in sympathy for the victims of those lands, but for the selfish reason of wanting to protect my country, my sacred sites, my son.

In Missouri, Election Season coincides with hunting season. It used to be limited to the months between the vote and the inauguration. But when Election Season never ends, hunting season doesn’t either — not when people are the prey.

So yes, Jesus, come on down, the price is right, and I know because I’ve paid it. You too, UFOs. I will meet you in Piedmont or wherever you want to go. I know an underwater boulder that flips canoes, but we can wink and call it a baptism. I know a field so remote you can see the Milky Way under the moon, but no one will notice a flying saucer, not in this crazy weather.

Abduct me before Election Day, UFOs, for I’ll take living in light years over enduring seasons of sorrow. Raise me up, Jesus, for Judgement Day is here, only I’m doing the judging and no one cares. I hold the perpetrators in contempt — inherent contempt, like the kind the courts have that they never impose on criminals with money — but they keep criming our lives away.

You can’t vote out Election Season.

I’m left doing what candidates do: thinking about running. Running away, running out of time. But also running to time, to where the clocks don’t strike thirteen, to where there is more to heaven and earth than is dreamt of in the sadistic philosophy of my government. Where there is more earth, more air, more chances.

I miss the seasons, and how they would change.

*          *          *

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Vance’s willingness to lie matters to Trump, and especially in his refusal to acknowledge that Trump lost the 2020 election

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

October 2 2024

When moderator Margaret Brennan noted during last night’s vice presidential debate that Republican nominee J.D. Vance had, once again, lied about the legal status of migrants in Springfield, Ohio, Vance retorted: “The rules were that you guys weren’t going to fact-check!” As scholar of propaganda Pekka Kallioniemi noted, this was “[t]he epitome of post-truth politics.”

Vance lied throughout the debate and has lied throughout this campaign, and in that, he is following the MAGA Republicans and Trump, who has become entirely untethered from reality. Aaron Rupar, who watches Trump’s rallies, and Noah Berlatsky wrote in Public Notice that Trump’s growing mental incapacity was obvious yesterday, as in two rallies he made a “wide-ranging journey through conspiracy theories, hatred, and nonsense.” He “seems ever more adrift in his own fog of hate and ego,” Rupar and Berlatsky wrote, “He mixes up world leaders, confuses countries, garbles pronouns, loses track of his nonsense talking points.” 

Vance’s post-truth world did not dominate last night’s debate. A Politico/Focaldata snap poll afterward showed that while party voters overwhelmingly declared their party’s nominee the winner, 58% of Independents backed Democratic vice presidential nominee Tim Walz. 

Before the debate, political consultant Stuart Stevens posted: “If you want to know what the campaigns think of their VP candidates debate, just watch how they schedule the candidates post-debate. After Cheney VP debates, Lieberman and Edwards basically disappeared, banished to tiny markets. If Trump world believes America wants more Vance, they can put him in big markets in big states. I’m doubting that will happen. I suspect that [the] Harris campaign gets Walz in front of more voters after debate. He wears well.” 

Today, Stevens noted that the campaign is ramping up Walz’s schedule, sending him through Pennsylvania, Nevada, and Arizona and adding more media, including “two national TV interviews, a podcast and a late-night TV appearance,” and that Trump said he was “satisfied with Vance’s ‘fantastic’ performance.”

But Vance’s willingness to lie matters to Trump, and nowhere more than in his refusal to acknowledge that Trump lost the 2020 presidential election. Vance has repeatedly said he would have done what Vice President Mike Pence would not: go along with Trump’s attempt to overturn the results of the 2020 presidential election, urging the states to approve “alternative” slates of electors than the ones that accurately reflected the choice voters made at the polls. 

“Let’s be clear,” former representative Liz Cheney (R-WY) responded, “This is illegal and unconstitutional. The American people had voted. The courts had ruled. The Electoral College had met and voted. The Governor in every state had certified the results and sent a legal slate of electors to the Congress to be counted. The Vice President has no constitutional authority to tell states to submit alternative slates of electors because his candidate lost. That is tyranny.”

Vance’s stance was poorly timed. This afternoon, Judge Tanya Chutkan released the government’s motion for immunity determinations, special counsel Jack Smith’s legal filing laying out the government’s case against Trump for his attempt to overturn the 2020 presidential election. The filing pulls from previously unreleased interviews, calls, and messages to paint a damning picture of Trump’s behavior as he tried to steal the presidency. Names in it are redacted, but journalists have already figured them out. 

The filing is coming now because Trump and then the Supreme Court repeatedly delayed the case. After the Supreme Court decided that presidents are immune from prosecution for crimes committed as part of a president’s official acts, the court had to take on what constituted an official act. In today’s filing, Smith argued that where Trump “was acting ‘as office-seeker, not office-holder,’ no immunity attaches.” The government asks that “the Court determine that the defendant must stand trial for his private crimes as would any other citizen.” 

The facts of the case begin with a damning statement: “When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office.” 

Fundamental to those crimes was disinformation. The entire plan for keeping Trump in office depended on Trump and his loyalists lying to the American people, convincing them of a completely false story that the 2020 presidential election had been stolen.  

That effort started long before the actual election when it became clear to the Trump team that he was unlikely to win. They knew, though, that since Democrats were more likely than Republicans to use mail-in ballots, there would be an initial period when his numbers were higher than Democratic nominee Joe Biden’s. 

In that case, Trump told advisor Roger Stone, his chief of staff Mark Meadows, and Vice President Mike Pence’s chief of staff Mark Short, he would simply declare before all the ballots had been counted that he had won. In the meantime, he planted the idea that the election would be stolen from him, publicly saying, for example, that he would “have to see” whether he would accept the election results and saying that the only way he could lose would be if the election was rigged. 

On October 31, advisor Steve Bannon, whose specialty was disinformation, told a group of supporters that Trump was simply “going to declare victory. That doesn’t mean he’s the winner, he’s just going to say he’s the winner…that’s our strategy.” 

That’s exactly what Trump did. He claimed there had been fraud in the election and that he had won. Then, as states continued to count votes, Trump’s operatives tried to create chaos at the polling places. When the vote count in Detroit swung toward Biden, for example, operative Michael Roman told a colleague there to “give me options to file litigation… even if itbis [sic],” apparently meaning “even if it is BS.” Smith noted that “[w]hen a colleague suggested there was about to be unrest reminiscent of the Brooks Brothers Riot, a violent effort to stop the vote count in Florida after the 2000 presidential election”—a riot in which Roger Stone had participated—Roman responded: “Make them riot” and “Do it!!!”

Even as Trump publicly claimed victory, his campaign staff told him his chances of prevailing were slim. To win, they told him, he must carry Arizona, Georgia, and Wisconsin. When the campaign conceded its litigation in Arizona on November 13, it effectively admitted Trump had lost the election. As soon as his lawyers conceded in Arizona, Trump sidelined his campaign staff and turned to Giuliani and lawyers who would back the Big Lie. 

To overturn the election results, Trump and his loyalists turned to pressuring Republicans in the states he had lost, especially Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin, as well as in states that used certain voting machines, to say the election had been fraudulent. When officials demanded proof of their claims, Trump and Giuliani threatened them, then accused them of betrayal and spread their names to angry supporters, who harassed them. Again and again, Republican officials told Trump his numbers were wrong and that he had lost the election. They begged him to stop spreading lies. 

As for the idea that voting machines had been compromised, Chris Krebs, the director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, publicly posted that claims of election fraud through voting machines “either have been unsubstantiated or are technically incoherent.” When Trump tried to get then–Republican National Committee chair Ronna McDaniel to publicize a report that claimed machines in Antrim County, Michigan, had affected the vote, McDaniel declined, saying she had already discussed the report with Michigan’s speaker of the house, who had told her the report was “f*cking nuts.”  

By late November, neither the legal challenges nor the threats had worked. So in early December the conspirators decided to get the people who would have been the electors if Trump had won to sign certifications saying that they were the legitimate electors and were casting their electoral votes for Trump. The lawyer who came up with the plan, Ken Chesebro, admitted that “the votes aren’t legal” but thought Congress could use them to challenge the real votes. 

Many of the electors were wary of the plan, but Trump and his conspirators managed to get the slates of fake electors on December 14, the appointed day for real electors to meet. The plan was for Vice President Mike Pence, who as president of the Senate would preside over the counting of the electoral votes, to use the fake electors to say there were competing slates of electors and thus to “negotiate a solution to defeat Biden.” On December 19, Trump posted: “Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6. Be there, will be wild!”

But the plan hit a snag. Pence maintained he did not have the power to do any such thing. The more Pence refused, the more insistent Trump became. After another argument on January 1, 2021, Trump told Pence that “hundreds of thousands of people are going to hate your guts,” “people are gonna think you’re stupid,” and, finally, “You’re too honest.”

Trump, Bannon, and Trump’s lawyers all continued to pressure Pence, and Bannon normalized the plan on his podcast. Trump continued to talk publicly of fighting to make sure his opponents didn’t take the White House and continued to pressure Pence. On January 5—the day before the election certification proceeding—he talked to Bannon, and less than two hours later, on his podcast, Bannon told his listeners: “All Hell is going to break loose tomorrow” in Washington, D.C. 

Concerned at Trump’s escalating fury at Pence, Pence’s chief of staff Mark Short alerted Pence’s secret service detail. Then, after Trump spoke with Bannon and lawyer John Eastman, who had come up with the legal argument for Pence’s power to affect the count, he simply lied on social media that Pence agreed the vice president could change the election results, then posted: “Do it, Mike, this is a time for extreme courage!”

When Pence continued to refuse, on January 6, Trump told his supporters at the Ellipse that Pence had let him down and then continued to lie that the election had been stolen, assuring them they would “never take back our country with weakness.” Then he sent the crowd to obstruct the proceedings. 

Trump sat in the small dining room off the Oval Office watching the Fox News Channel and scrolling through Twitter as the crowd broke into the Capitol. At 2:24, Trump tweeted that “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!” A rioter read the tweet through a bullhorn for the crowd. A minute later, the Secret Service had to evacuate Pence to a secure location. When told of Pence’s danger, Trump answered: “So what?”

When Congress came back after the riot, Trump and Giuliani tried to delay further, calling senators and one representative to slow the process down. It didn’t work. On January 7, at 3:41 in the morning, Pence announced that Biden’s election had been certified. 

It was all a lie. 

One hundred and forty police officers assaulted, close to $3 million in damage, close to 1,200 people charged, more than 450 serving prison sentences, a poisonous political movement taking root, and voter suppression laws…all because Trump couldn’t bear to have lost an election. 

“Post-truth politics” has real-world repercussions.  

Last night, when a reporter in Milwaukee, Wisconsin, asked him if trusted the electoral process this time around, Trump answered: “I’ll let you know in about 33 days.”