Judge to Trump “No one is above the law”

Heather Cox Richardson | Letters from an American

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Heather Cox Richardson

January 19, 2022

Just before midnight last night, New York Attorney General Letitia James announced that her office has “uncovered significant evidence indicating that the Trump Organization used fraudulent and misleading asset valuations on multiple properties to obtain economic benefits, including loans, insurance coverage, and tax deductions for years” and is taking legal action “to force Donald Trump, Donald Trump, Jr., and Ivanka Trump to comply with our investigation.” She concluded: “No one is above the law.”

James is overseeing a civil case against the Trump organization and is cooperating with a criminal case overseen by the Manhattan district attorney, Alvin Bragg, who recently took over from Cyrus Vance, Jr. When Eric Trump testified in the investigation overseen by James, in 2020, he invoked his Fifth Amendment right against self-incrimination in response to more than 500 questions.

This morning, Maggie Haberman of the New York Times reported that the news of James’s insistence that he and his family testify has pushed former president Trump to decide to run for president in 2024. CNN’s Jim Sciutto pointed out Trump seems to think that so long as he is running for office, he can persuade people that investigations are all political. In addition, since the Department of Justice decided internally in 1973 that sitting presidents cannot be prosecuted, it is reasonable to assume he thinks that the White House would protect him from ongoing civil or criminal lawsuits.

Those lawsuits might well include some related to the events of January 6. Today the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol issued subpoenas to Nicholas J. Fuentes and Patrick Casey. The two men are leaders of the “America First” or “Groyper” movement, extremist white nationalists trying to inject their views into mainstream politics through trolling and provocation. Both spread lies about election fraud and were at the January 6 insurrection.

The committee’s letter to Fuentes notes that he urged his followers to “storm every state capitol until January 20, 2021, until President Trump is inaugurated for four more years,” and told supporters to show up at the homes of politicians to push their views. Fuentes received more than $250,000 in Bitcoin from a French computer programmer; Casey received $25,000 from the same donor. The FBI is interested in those donations.

This evening, the Supreme Court denied Trump’s request to block the National Archives and Records Administration from sending documents from the Trump administration concerning the January 6 insurrection to the January 6 committee. The vote was 8 to 1. Justice Clarence Thomas, whose wife, Ginni, supported the January 6 rallies, was the dissenting vote.

The Big Lie from the former president that he had won the 2020 election and been cheated of victory led to the January 6 insurrection; it has now led to a crisis in voting rights, as Republican-dominated state legislatures have rewritten their laws since the 2020 election to suppress Democratic votes and hand election counting over to partisan Republicans.

That, in turn, led the Democrats to try to establish a fair baseline for voting rights in the United States by passing the Freedom to Vote: John R. Lewis Act. The new bill would end partisan gerrymandering, stop dark money in elections, establish early and mail-in voting systems, provide for online registration, and make sure votes are counted fairly. It would modernize and limit the protections for minority voting that Congress first established in 1965 and the Senate renewed unanimously as recently as 2006.

The bill became a lightning rod, as it illustrated the gulf today between Democrats, who want to use the federal government to regulate business, protect civil rights, provide a basic social safety net, and promote infrastructure, and Republicans, who want to stop those things and throw the weight of governance back to the states. If Republican-dominated state legislatures are permitted to keep the laws they have passed limiting voting, they will continue to pass discriminatory laws, including ones that limit women’s constitutional rights, stop the teaching of any material that legislators see as “divisive,” and so on.

Today, the voting rights bill was before the Senate, which is evenly divided between 50 Republicans and 48 Democrats and 2 Independents who caucus with the Democrats. While the numbers of senators on each side are equal, the numbers of constituents are not: the Democrats and Independents represent 40.5 million more people in our nation of about 332 million than the Republicans do.

But the changing Senate rules have permitted Republicans to stop any legislation they dislike with a mechanism called the filibuster, which means that it takes 60 votes to bring any measure to a vote. This essentially requires a supermajority for any legislation to pass the Senate. But there is a loophole: financial bills and judicial appointments—the two things Republicans care about—have been exempted from the filibuster. That leaves Democrats fighting to find ways around Republican obstructionism to pass the measures they care about.

Today marked the showdown between these two visions. It was instructive first because it was an actual Senate debate, which we haven’t seen for years now as Republicans have simply dialed in filibusters. When debate began this morning, while few Republicans showed up, most Democrats were present.

It was instructive also because Democrats defended the right to vote in a democracy, while Republicans insisted that the Democrats were trying to get a leg up over the Republicans by grabbing power in the states (although the federal government protected voting rights in the states until 2013). Passionate speeches by Georgia Senators Raphael Warnock and Jon Ossoff, Angus King of Maine, Amy Klobuchar of Wisconsin, Chris Murphy of Connecticut, and all their Democratic colleagues, sought to bring Republicans around to defending the right to vote.

It didn’t work. Tonight, Senate Republicans used the filibuster to block the Freedom to Vote: John R. Lewis Act from advancing to a final passage by a vote of 49 to 51, with all Democrats except Senate Majority Leader Chuck Schumer (D-NY) voting yes (he voted no for procedural reasons). But when Schumer brought up a vote to change the filibuster to a talking filibuster for this bill, meaning that Republicans would actually have to debate it rather than just saying no to it, Democrats Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) joined the Republicans to kill the measure. In addition to stopping this law, they badly undercut Biden and the Democrats who have wasted months negotiating with them.

Voting rights journalist Ari Berman noted that the 48 senators who voted to reform the filibuster represent 182 million Americans, 55% of the United States population, while those 52 senators who upheld the filibuster represent 148 million Americans, 45% of the country.

After the vote, Republicans lined up on the Senate floor to shake Sinema’s hand, and Senate Minority Leader Mitch McConnell (R-KY) assured reporters that concerns about Black voting were misplaced because: “African American voters are voting in just as high a percentage as Americans.”

Independent Senator Angus King of Maine, who has struggled mightily for voting rights for many months and who was a reluctant but firm convert to the talking filibuster, fought hard today to rally support for voting rights and filibuster reform. He quoted President Abraham Lincoln’s warning to lawmakers during the Civil War that “we cannot escape history. We of this congress and this administration will be remembered in spite of ourselves…. The fiery trial through which we pass will light us down in honor or dishonor to the latest generation.”

In light of the vote’s outcome, though, perhaps more to the point was something King said to David Rohde, published in the New Yorker today. In 1890, the Senate rejected a measure designed to protect the voting rights of Black men in the South, where southern legislatures had forced most of them from the polls. Southern Democrats and their northern allies killed the proposed law.

King told Rohde, “The result was seventy-five years of egregious voter suppression in the South. That was a mistake made by a few senators. I honestly feel that we may be at a similar moment.” He added, “I’m afraid we’re making a mistake that will harm the country for decades.”

Will we permit the loss of hard-fought voting rights?

Heather Cox Richardson | Letters from an American

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Heather Cox Richardson

January 16, 2022

Republicans say they oppose the Freedom to Vote: John R. Lewis Act because it is an attempt on the part of Democrats to win elections in the future by “nationalizing” them, taking away the right of states to arrange their laws as they wish. Voting rights legislation is a “partisan power grab,” Representative Jim Jordan (R-OH) insists.

In fact, there is no constitutional ground for opposing the idea of Congress weighing in on federal elections. The U.S. Constitution establishes that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”

There is no historical reason to oppose the idea of voting rights legislation, either. Indeed, Congress weighed in on voting pretty dramatically in 1870, when it amended the Constitution itself for the fifteenth time to guarantee 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.” In that same amendment, it provided that “[t]he Congress shall have the power to enforce this article by appropriate legislation.”

It did so, in 1965, with “an act to enforce the fifteenth amendment to the Constitution,” otherwise known as the Voting Rights Act of 1965, a law designed to protect the right of every American adult to have a say in their government, that is, to vote. The Supreme Court gutted that law in 2013; the Freedom to Vote: John R. Lewis Act is designed to bring it back to life.

The Voting Rights Act of 1965 was a response to conditions in the American South, conditions caused by the region’s descent into a one-party state in which white Democrats acted as the law, regardless of what was written on the statute books.

After World War II, that one-party system looked a great deal like that of the race-based fascist system America had been fighting in Europe, and when Black and Brown veterans, who had just put their lives on the line to fight for democracy, returned to their homes in the South, they called those similarities out.

Democratic president Franklin Delano Roosevelt of New York had been far too progressive on racial issues for most southern Democrats, and when Harry S. Truman took office after FDR’s death, they were thrilled that one of their own was taking over. Truman was a white Democrat from Missouri who had been a thorough racist as a younger man, quite in keeping with his era’s southern Democrats.

But by late 1946, Truman had come to embrace civil rights. In 1952, Truman told an audience in Harlem, New York, what had changed his mind.

“Right after World War II, religious and racial intolerance began to show up just as it did in 1919,” he said. ”There were a good many incidents of violence and friction, but two of them in particular made a very deep impression on me. One was when a Negro veteran, still wearing this country’s uniform, was arrested, and beaten and blinded. Not long after that, two Negro veterans with their wives lost their lives at the hands of a mob.”

Truman was referring to decorated veteran Sergeant Isaac Woodard, who was on a bus on his way home from Georgia in February 1946, when he told a bus driver not to be rude to him because “I’m a man, just like you.” In South Carolina, the driver called the police, who pulled Woodard into an alley, beat him, then arrested him and threw him in jail, where that night the police chief plunged a nightstick into Woodard’s eyes, permanently blinding him. The next day, a local judge found Woodard guilty of disorderly conduct and fined him $50. The state declined to prosecute the police chief, and when the federal government did—it had jurisdiction because Woodard was in uniform—the people in the courtroom applauded when the jury acquitted him, even though he had admitted he had blinded the sergeant.

Two months after the attack on Woodard, the Supreme Court decided that all-white primaries were unconstitutional, and Black people prepared to vote in Georgia’s July primaries. Days before the election, a mob of 15 to 20 white men killed two young Black couples: George and Mae Dorsey, and Roger and Dorothy Malcom. Malcom had been charged with stabbing a white man and was bailed out of jail by Loy Harrison, his white employer, who had with him in his car both Malcom’s wife, who was seven months pregnant, and the Dorseys, who also sharecropped on his property.

On the way home, Harrison took a back road. A waiting mob stopped the car, took the men and then their wives out of it, tied them to a tree, and shot them. The murders have never been solved, in large part because no one—white or Black—was willing to talk to the FBI inspectors Truman dispatched to the region. FBI inspectors said the whites were “extremely clannish, not well educated and highly sensitive to ‘outside’ criticism,” while the Blacks were terrified that if they talked, they, too, would be lynched.

The FBI did uncover enough to make the officers think that one of the virulently racist candidates running in the July primary had riled up the assassins in the hopes of winning the election. With all the usual racial slurs, he accused one of his opponents of being soft on racial issues and assured the white men in the district that if they took action against one of the Black men, who had been accused of stabbing a white man, he would make sure they were pardoned. He did win the primary, and the murders took place eight days later.

Songwriters, radio announcers, and news media covered the cases, showing Americans what it meant to live in states in which law enforcement and lawmakers could do as they pleased. When an old friend wrote to Truman to beg him to stop pushing a federal law to protect Black rights, Truman responded: “I know you haven’t thought this thing through and that you do not know the facts. I am happy, however, that you wrote me because it gives me a chance to tell you what the facts are.”

“When the mob gangs can take four people out and shoot them in the back, and everybody in the country is acquainted with who did the shooting and nothing is done about it, that country is in pretty bad fix from a law enforcement standpoint.”

“When a Mayor and City Marshal can take a…Sergeant off a bus in South Carolina, beat him up and put out…his eyes, and nothing is done about it by the State authorities, something is radically wrong with the system.”

In his speech in Harlem, Truman explained that “[i]t is the duty of the State and local government to prevent such tragedies.” But, as he said in 1947, the federal government must “show the way.” We need not only “protection of the people against the Government, but protection of the people by the Government.”

Truman’s conversion came in the very early years of the Civil Rights Movement, which would soon become an intellectual, social, economic, and political movement conceived of and carried on by Black and Brown people and their allies in ways he could not have imagined in the 1940s.

But Truman laid a foundation for what came later. He recognized that a one-party state is not a democracy, that it enables the worst of us to torture and kill while the rest live in fear, and that “[t]he Constitutional guarantees of individual liberties and of equal protection under the laws clearly place on the Federal Government the duty to act when state or local authorities abridge or fail to protect these Constitutional rights.”

That was true in 1946, and it is just as true today.

Will we permit the destruction of American democracy on our watch?

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

December 7, 2021

On the sunny Sunday morning of December 7, 1941, Messman Doris Miller had served breakfast aboard the U.S.S. West Virginia, stationed in Pearl Harbor, Hawaii, and was collecting laundry when the first of nine Japanese torpedoes hit the ship.

In the deadly confusion, Miller reported to an officer, who told him to help move the ship’s mortally wounded captain off the bridge. Unable to move him far, Miller sheltered the captain behind the ship’s conning tower. Then another officer ordered Miller to pass ammunition to him as he started up one of the two abandoned anti-aircraft guns in front of the conning tower. Miller had not been trained to use the guns because, as a Black man in the U.S. Navy, he was assigned to serve the white officers. But while the officer was distracted, Miller began to fire one of the guns. He fired it until he ran out of ammunition. Then he helped to move injured sailors to safety before he and the other survivors abandoned the West Virginia, which sank to the bottom of Pearl Harbor.

That night, America declared war on Japan. Japan declared war on America the next day, and four days later, on December 11, 1941, Italy and Germany both declared war on America. “The powers of the steel pact, Fascist Italy and National Socialist Germany, ever closely linked, participate from today on the side of heroic Japan against the United States of America,” Italian leader Benito Mussolini said. “We shall win.” Of course they would. Mussolini and Germany’s leader, Adolf Hitler, believed the mongrel Americans had been corrupted by Jews and “Negroes,” and could never conquer their own organized military machine.

The steel pact, as Mussolini called it, was the vanguard of his new political ideology. That ideology was called fascism, and he and Hitler thought it would destroy democracy once and for all.

Mussolini had been a socialist as a young man and had grown terribly frustrated at how hard it was to organize people. No matter how hard socialists tried, they seemed unable to convince ordinary people that they must rise up and take over the country’s means of production.

The efficiency of World War I inspired Mussolini. He gave up on socialism and developed a new political theory that rejected the equality that defined democracy. He came to believe that a few leaders must take a nation toward progress by directing the actions of the rest. These men must organize the people as they had been organized during wartime, ruthlessly suppressing all opposition and directing the economy so that businessmen and politicians worked together. And, logically, that select group of leaders would elevate a single man, who would become an all-powerful dictator. To weld their followers into an efficient machine, they demonized opponents into an “other” that their followers could hate.

Italy adopted fascism, and Mussolini inspired others, notably Germany’s Hitler. Those leaders came to believe that their system was the ideology of the future, and they set out to destroy the messy, inefficient democracy that stood in their way.

America fought World War II to defend democracy from fascism. And while fascism preserved hierarchies in society, democracy called on all men as equals. Of the more than 16 million Americans who served in the war, more than 1.2 million were African American men and women, 500,000 were Latinos, and more than 550,000 Jews were part of the military. Among the many ethnic groups who fought, Native Americans served at a higher percentage than any other ethnic group—more than a third of able-bodied men between the ages of 18 and 50 joined the service—and among those 25,000 soldiers were the men who developed the famous “Code Talk,” based in tribal languages, that codebreakers never cracked.

The American president at the time, Democrat Franklin Delano Roosevelt, hammered home that the war was about the survival of democracy. Fascists insisted that they were moving their country forward fast and efficiently—claiming the trains ran on time, for example, although in reality they didn’t— but FDR constantly noted that the people in Italy and Germany were begging for food and shelter from the soldiers of democratic countries.

Ultimately, the struggle between fascism and democracy was the question of equality. Were all men really created equal as the Declaration of Independence said, or were some born to lead the rest, whom they held subservient to their will?

Democracy, FDR reminded Americans again and again, was the best possible government. Thanks to armies made up of men and women from all races and ethnicities—a mongrel population—the Allies won the war against fascism, and it seemed that democracy would dominate the world forever.

But as the impulse of WWII pushed Americans toward a more just and inclusive society after it, those determined not to share power warned their supporters that including people of color and women as equals in society would threaten their own liberty. Those reactionary leaders rode that fear into control of our government, and gradually they chipped away the laws that protected equality. Now, once again, democracy is under attack by those who believe some people are better than others.

The once-grand Republican Party has been captured by the right wing. It has lined up behind former president Donald Trump and his cronies, its true believers refusing to accept that a majority of Americans turned Trump out of office in 2020 and replaced him with a Democrat, President Joe Biden. They insist that it is not possible for a Democrat to have been legitimately elected and blame “voter fraud” for the result, although repeated recounts and inspections have proved the vote counts were accurate.

Some Republican lawmakers evidently believe the Big Lie that Trump won in 2020; others are going along with it out of opportunism or fear, but they are not speaking out to counter the lies poisoning our democracy. Even after January 6, when insurgents stormed the U.S. Capitol and threatened the lives of our top lawmakers, 147 Republicans voted to challenge the election results. Now, 68% of Republicans think that Democrats “stole” the 2020 election.

Now, Republican lawmakers are silent as Republican-dominated legislatures in 19 states have passed 33 laws to make it harder for Black and Brown Americans, as well as others expected to back Democrats, to vote. Some of those states have taken the power to certify official votes away from nonpartisan officials and given it to Republicans. Had these laws been in place in 2020, Trump would almost certainly still be in office.

As we learn more about the events of January 6, it is clear that the former president and his inner circle corrupted the Department of Justice and possibly other parts of the government, launching a coup that came perilously close to success. And, as Barton Gellman details this week in The Atlantic, they are arranging the mechanics of our democracy to make sure that next time, they won’t fail. They will put in place an autocracy in which a powerful leader and his chosen loyalists make the rules under which the rest of us must live.

Will we permit the destruction of American democracy on our watch?

When America came under attack before, people like Doris Miller refused to let that happen. For all that American democracy still discriminated against him, it gave him room to stand up for the concept of human equality—and he laid down his life for it. Promoted to cook after the Navy sent him on a publicity tour, Miller was assigned to a new ship, the U.S.S. Liscome Bay, which was struck by a Japanese torpedo on November 24, 1943. It sank within minutes, taking two thirds of the crew, including Miller, with it.

I hear a lot these days about how American democracy is doomed and the reactionaries will win. Maybe. But the beauty of our system is that it gives us people like Doris Miller.

Even better, it makes us people like Doris Miller.

GasLit Nation: “Cults of personality” – from Mussolini to Trump

Historian Ruth Ben-Ghiat, author of Strongmen: From Mussolini to the Present, explains all the ways Trump and Republican leaders rely on the dictator’s playbook to weaken our democracy and consolidate power. A Professor of History and Italian Studies at New York University, she provides chilling insights into Mussolini, Berlusconi, Trump, and other strongmen that ruled through destructive cults of personlity. This is a discussion not to miss.

GASLIT NATION WITH ANDREA CHALUPA AND SARAH KENDZIOR