“Mild and loving” Trump may soon face criminal charges for January 6th

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

December 18, 2022

As I wrote last night, it looks like this is going to be one heck of a week. Tomorrow afternoon at 1:00, the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol will hold its last public hearing. It is expected to vote on whether to refer former president Trump to the Department of Justice for criminal charges. Then, on Wednesday, it is scheduled to release its report, which is said to be around 1000 pages.

These looming events appear to be causing Trump concern. On Truth Social yesterday, he gave his opinion of the whole proceeding: “They say that the Unselect Committee of Democrats, Misfits, and Thugs, without any representation from Republicans in good standing, is getting ready to recommend Criminal Charges to the highly partisan, political, and Corrupt ‘Justice’ Department for the ‘PEACEFULLY & PATRIOTICLY’ speech I made on January 6th. This speech and my actions were mild & loving, especially when compared to Democrats wild spewing of HATE. Why didn’t they investigate massive Election Fraud or send in the Troops? SCAM!” (The quotation is produced here as it appeared.)

Today he continued to post similar statements.

Meanwhile, Andrew Solender and Alayna Treene of Axios reported today that the Republicans are planning to issue their own 100-page report, focusing on what they say are security failures, claiming that the January 6th committee has “never dealt with the serious issues.” The committee report is expected to discuss security failures.

One of the authors of this Republican “shadow” report is Representative Jim Jordan (R-OH), himself implicated in the attempt to overturn the election. Another is Representative Jim Banks (R-IN), whom Representative Liz Cheney (R-WY) called out in October 2021 for falsely representing himself as the ranking member of the actual January 6th committee.

House minority leader Kevin McCarthy (R-CA) warned the January 6th committee to preserve all its materials. Chair Bennie Thompson (D-MS) seemed unimpressed. Not only does the committee have to preserve all its materials by law, but it intends to make its material available to the public. “He’s the public. If he wants access to it, all he has to do is go online and he’ll have it,” he told Solender.

But that is not all that’s going on this week.

Congress continues to hammer out a big funding bill to keep the government funded through the end of next September. This is entangled in the Republican Party’s internal chaos. The far-right members of the House caucus don’t want a deal before they take control of the House, expecting that they can exert pressure on the administration to do as they wish by refusing to fund the government. Meanwhile, Senate Republicans recognize the mess that would create and have worked to get a deal finalized. Still, a few Senate Republicans are now backing the House extremists, apparently unwilling to open themselves to the charge of cooperating with Democrats.

Until last Thursday it appeared that one of the things that would make its way into the funding bill was a deal on immigration reform. Greg Sargent of the Washington Post was following the story closely and noted that by early December, Senators Thom Tillis (R-NC) and Kyrsten Sinema (I-AZ) appeared to have hammered out a deal that offered to Democrats a path to citizenship for about 2 million “dreamers,” people who were brought to the U.S. by their parents without documentation and have never known any home but this one. It offered protections for migrant rights by providing up to $40 billion for processing those coming to the U.S. to seek asylum; the money will pay for more processing centers, more judges, and more asylum officers.

To Republicans it offered more resources for removing migrants who don’t qualify for asylum. It offered more funding for officers at the border. And it continued the Title 42 restrictions on migrants until the new processing centers were ready.

Title 42 is a law that permits the government to keep contagious diseases out of the country, and Trump put it in place in March 2020 at the start of the coronavirus pandemic, not least because it enabled him to stop considering migrants for asylum as required by U.S. and international law (Title 42 had only been used once before, in 1929, to keep ships from China and the Philippines, where there was a meningitis outbreak, from coming into U.S. ports). Extremist Republicans like using Title 42 as a way to stop immigration to this country, although technically it is an emergency rule.

But while the potential reform package drew support from conservative outlets like the Wall Street Journal editorial board, right-wing extremists opposed it, claiming that the pathway toward citizenship for dreamers would, as anti-immigrant Trump adviser Stephen Miller said, “turn the present tsunami of minor-smuggling into a biblical flood.”

As of last Thursday, the immigration deal was off the table. Republicans objected to it and Senate minority leader Mitch McConnell (R-KY) said he would not let it be attached to the funding bill even if the negotiators could hammer out the last details.

So what does this have to do with next week? On Friday the U.S. Court of Appeals for the District of Columbia Circuit ruled that Title 42 must end on December 21 unless the Supreme Court steps in.

The Centers for Disease Control and Prevention under the Biden administration tried to end the rule last April, saying public health no longer warranted it. Homeland Security Secretary Alejandro Mayorkas said the policy would end on May 23, permitting those who had been turned away under the policy to apply for asylum. “Let me be clear, Mayorkas said, “those unable to establish a legal basis to remain in the United States will be removed.” Nonetheless, Stephen Miller promptly said that ending Title 42 “will mean armageddon on the border. This is how nations end.”

More than 20 Republican-dominated states immediately sued the administration, insisting that Biden was trying to put in place “open border policies” rather than simply ending the pandemic-related policy. In May a Trump-appointed judge in Louisiana blocked the lifting of the rule. In November, U.S. District Judge Emmet Sullivan vacated the rule, saying it was “arbitrary and capricious,” but gave the administration until mid-December to prepare for the change. Now a federal court has decided the rule must end this Wednesday.

What this change will look like is not clear. It does not magically create “open borders” as Republicans charge; it simply restores the law as it was before March 2020. This will have one immediate consequence: under ordinary immigration law, making an attempt to cross the border after being rejected bears a heavy penalty, which it does not under Title 42. The lack of that penalty under Title 42 meant migrants made repeated attempts, one of the factors that has so inflated the number of immigrant “encounters” in the past two years. So the change is likely to slow down repeated attempts to cross the border.

The Department of Homeland Security has released a six-point plan for managing what it expects will be an increase in the number of migrants. It will hire about 1000 additional Border Patrol processing coordinators and add another 2500 personnel—both contractors and government workers—to work in ten new “soft-sided” facilities, which will increase capacity by about a third. It will continue increasing transportation for migrants to places farther from the border, to avoid overcrowding.

But, Secretary Mayorkas says, our system is “fundamentally broken.” It is “outdated” at every level, and “in the absence of congressional action to reform the immigration and asylum systems, a significant increase in migrant encounters will strain our system even further. Addressing this challenge will take time and additional resources, and we need the partnership of Congress, state and local officials, NGOs, and communities to do so.”

And yet, for the Republicans there is an obvious political payoff to leaving the situation unaddressed.

Representative Lauren Boebert (R-CO) tweeted today: “With Title 42 ending, our nation is going to be overrun with illegals worse than at just about any other point in history. Remember, this is intentional and all part of Biden’s systematic destruction of America.” Republican extremists are already demanding that the incoming Republican House majority impeach Secretary Mayorkas.

In a week when a former Republican president seems likely to make history as the first president to be referred to the Justice Department for criminal charges, it seems likely we’ll hear a great deal indeed from Republicans about the end of Title 42.

Despite his fading relevance, Trump remains the presumptive presidential GOP nominee

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

December 3, 2022

Today, one of former president Trump’s messages on the struggling right-wing social media platform Truth Social went viral. 

In the message, Trump again insisted that the 2020 presidential election had been characterized by “MASSIVE & WIDESPREAD FRAUD & DECEPTION,” and suggested the country should “throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or…have a NEW ELECTION.” 

Then he added: “A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution. Our great ‘Founders’ did not want, and would not condone, False & Fraudulent Elections!” 

In other words, Trump is calling for the overthrow of the Constitution that established this nation. He advocates the establishment of a dictator. 

This outrageous statement seems to reflect desperation from the former president as his political star fades and the many legal suits proceeding against him get closer and closer to their end dates. 

The midterm elections, in which the high-profile candidates he backed lost, prompted some members of his party to suggest it’s time to move on to new candidates. At the same time, lawsuits are heating up. The Department of Justice continues to investigate Trump’s role in the attempt to overturn the 2020 election, an attempt that led to the events of January 6, 2021.

Chief Judge Beryl Howell of the Washington, D.C., District Court recently rejected Trump’s claims of executive privilege and ordered Trump’s White House counsel, Pat Cipollone, and deputy counsel, Patrick Philbin, to provide additional testimony to a federal grand jury. On Friday, they each testified for several hours. On November 29, Trump advisor Stephen Miller, who worked with Trump on his speech at the Ellipse, also testified before the grand jury, 

The Department of Justice is also investigating Trump’s theft of documents when he left the White House. The December 1 decision of the U.S. Court of Appeals for the 11th Circuit declaring that Judge Aileen Cannon had no authority to allow Trump a special master to review the materials the FBI took when they searched Mar-a-Lago on August 8, 2022, had a very clear, concise rundown of what the government has so far recovered from the former president, and the list was damning. 

In the first group of documents Trump returned to the National Archives and Records Administration (NARA), after significant pressure to do so, included “184 documents marked at varying levels of classification, including twenty-five marked top secret.” After a subpoena, Trump’s lawyers returned another 38 classified documents, seventeen of which were marked top secret. Trump’s team declared that a “diligent search” had turned up only these items, and there were no more left.

But the FBI learned that there were, in fact, more documents still at Mar-a-Lago and obtained a search warrant. On August 8, FBI agents retrieved about “13,000 documents and a number of other items, totaling more than 22,000 pages of material…. [F]ifteen of the thirty-three seized boxes, containers, or groups of papers contained documents with classification markings, including three such documents found in desks” in Trump’s office. Agents found more than 100 documents marked confidential, secret, or top secret.

Attorney General Merrick Garland appointed Special Counsel Jack Smith to oversee these two investigations after Trump announced an early candidacy for president in 2024. Smith got down to work immediately, sending out a letter on Thanksgiving Day itself. It seems likely there is good reason for Trump to be concerned.

Meanwhile, Georgia’s Fulton County District Attorney Fani Willis is investigating Trump’s attempt to overturn the results of President Joe Biden’s 2020 election victory, and South Carolina’s Supreme Court has ordered Trump’s White House Chief of staff Mark Meadows to testify to that grand jury, another reason for the former president to be concerned.

And the Trump Organization’s trial for tax evasion is reaching a verdict, while the House Ways and Means Committee has finally received six years of Trump’s tax returns after years of attempts by the former president to keep them out of Congress’s hands. At Lawfare, Daniel J. Hemel says that as a matter of law, the committee can make the returns public. He counsels against it for a number of reasons (although he says they should be made public) but notes that the Senate Finance Committee, which will remain in Democratic hands, can now get access to the material easily and will be able to release it. If his attempt to hide his taxes was anything other than principled, there is reason for Trump to be concerned about this as well. 

So, the former president has reason to try to grab headlines with an outrageous statement about overthrowing the Constitution.

But the real story here is not Trump’s panic about his fading relevance and his legal exposure; it’s that Trump remains the presumptive presidential nominee for the Republican Party in 2024. The leader of the Republican Party has just called for the overthrow of our fundamental law and the installation of a dictator. 

White House Deputy Press Secretary Andrew Bates said in a statement: “The American Constitution is a sacrosanct document that for over 200 years has guaranteed that freedom and the rule of law prevail in our great country. The Constitution brings the American people together—regardless of party—and elected leaders swear to uphold it. It’s the ultimate monument to all of the Americans who have given their lives to defeat self-serving despots that abused their power and trampled on fundamental rights. Attacking the Constitution and all it stands for is anathema to the soul of our nation, and should be universally condemned. You cannot only love America when you win.”

But Republicans, so far, are silent on Trump’s profound attack on the Constitution, the basis of our democratic government. 

That is the story, and it is earth shattering.

Oath Keepers gang found guilty of seditious conspiracy

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

November 29, 2022

Today, after an eight-week trial and three days of deliberations, a jury of five women and seven men found Elmer Stewart Rhodes III, 57, the founder and leader of the right-wing Oath Keepers gang, and Kelly Meggs, 53, who led the Florida chapter of the Oath Keepers, guilty of seditious conspiracy and other charges related to the January 6, 2021, attack on the U.S. Capitol. It found Rhodes guilty of obstruction of an official proceeding and tampering with documents and proceedings, and found Meggs guilty of conspiracy to obstruct an official proceeding, obstruction of an official proceeding, conspiracy to prevent an officer from discharging duties, and tampering with documents or proceedings.

The jury also found three additional defendants from the organization—Kenneth Harrelson, 42; Jessica Watkins, 40; and Thomas Caldwell, 68—guilty of related felony charges.

The Department of Justice proved that after President Joe Biden won the November 3, 2020, election, Rhodes, Meggs, and others began plotting to use force to oppose the lawful transfer of presidential power. 

Beginning in late December 2020, they planned to travel to Washington, D.C., on or around January 6, 2021, to stop Congress from certifying the electoral college vote that would officially elect Biden. They recruited others, organized combat training sessions, and smuggled paramilitary gear to the area around the Capitol. They planned to take control of the Capitol grounds and buildings on January 6. 

According to the Department of Justice, on that day, “Meggs, Harrelson, and Watkins, along with other Oath Keepers and affiliates—many wearing paramilitary clothing and patches with the Oath Keepers name, logo, and insignia—marched in a ‘stack’ formation up the east steps of the Capitol, joined a mob, and made their way into the Capitol. Rhodes and Caldwell remained outside the Capitol, where they coordinated activities” and stayed in touch with quick reaction force teams outside the city, which were ready to bring in firearms to stop the transfer of power. 

That a jury has now found two people guilty of seditious conspiracy establishes that a conspiracy existed. Former federal prosecutor Randall D. Eliason, who teaches law at George Washington University, told reporters Spencer S. Hsu, Tom Jackman, and Rachel Weiner of the Washington Post: “Now the only remaining question is how much higher did those plans go, and who else might be held criminally responsible.” While federal prosecutors sought only to tie Rhodes to the other Oath Keepers, both sides agreed that Rhodes communicated with Trump allies Roger Stone, Ali Alexander, and Michael Flynn after the election. 

There are two more seditious conspiracy trials scheduled for December. One is for five other Oath Keepers; the other is against the leaders of the far-right gang the Proud Boys, led by Henry ‘Enrique’ Tarrio. 

Yesterday, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia ruled that Trump’s attempts to overturn the 2020 presidential election are not covered by presidential immunity as his lawyers argued. The judge noted that he was acting not as a president in defense of the Constitution, but rather in a different role as a candidate when he tried to overturn the election. Sullivan said: “Persuasive authority in this district specifically recognizes that there is no immunity defense for Former President Trump for ‘unofficial acts’ which ‘entirely concern his efforts to remain in office for a second term.’”

The South Carolina Supreme Court today unanimously ordered Mark Meadows, who was Trump’s last White House chief of staff, to testify before the Fulton County, Georgia, grand jury investigating Trump’s attempt to overturn the 2020 presidential election in Georgia. Meadows was on the phone call Trump made to Georgia secretary of state Brad Raffensperger on January 2 to demand he “find 11,780 votes, which is one more than we have,” making his testimony key to the investigation. Meadows lives in South Carolina, where he tried to argue that he could not testify because of executive privilege. Lower South Carolina courts disagreed, and now the state’s supreme Court has said that Meadows’s arguments are “manifestly without merit.” 

In Washington, Trump advisor Stephen Miller testified today before the grand jury investigating the events of January 6, 2021. The Justice Department subpoenaed Miller in September. He also testified before the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. 

Also in Washington today, the Senate passed the Respect for Marriage Act, which provides federal recognition of same-sex and interracial marriages for the purposes of federal benefits like Social Security, and requires states to recognize such marriages, although it does not require them to perform such marriages. The law is an attempt to get out in front of the Supreme Court, whose right-wing members have suggested they would invalidate marriage equality after ending protections for reproductive rights. Thirty-six Republicans voted against the bill, with 12 Republicans joining the Democrats to pass it. 

The Senate bill amends one passed in July by the House, which will now have to agree to the changed measure and is expected to do so. House speaker Nancy Pelosi announced a vote for next week.

Today Pelosi also announced that Congress will take up the legislation Biden asked for yesterday: a law to put in place the deal between the railroad corporations and the railway unions. Four of 12 unions have rejected the deal because of its lack of paid sick days. In a letter to her colleagues, Pelosi expressed reluctance to bypass standard ratification procedures but said, “we must act to prevent a catastrophic strike that would touch the lives of nearly every family: erasing hundreds of thousands of jobs, including union jobs; keeping food and medicine off the shelves; and stopping small businesses from getting their goods to market.”

She promised to bring the measure up for a vote tomorrow. 

But, in typical Pelosi fashion, she has found a way to demonstrate to union members and to lawmakers like Senator Bernie Sanders (I-VT), who are angry at Biden’s determination to avoid a strike, that those standing in the way of paid leave for the unions are not the Democrats. After the vote on the agreement, she will hold a “separate, up-or-down vote to add seven days of paid sick leave for railroaders to the Tentative Agreement.” Such a measure is likely to pass the House and die under a Republican filibuster in the Senate. 

While the jury was handing down its verdict in the case of Stewart Rhodes, who said on tape that he would “hang f*ckin’ Pelosi from the lamppost,” Speaker Pelosi was lighting the Capitol Christmas tree with fourth-grader Catcuce Micco Tiger, who is a citizen of the Eastern Band of Cherokee Indians (EBCI) and has ancestry from the Seminole Tribe of Florida and Choctaw Nation of Oklahoma. 

Tiger won the role of youth tree lighter with an essay sharing the Cherokee origin story for evergreen trees. “After creating all plants and animals,” Pelosi explained, “our Creator asked them to fast, pray, and stay awake for seven nights. But at the end, only a few were awake. The trees that stayed awake were rewarded with the ability to keep their leaves yearlong and with special healing powers. It is a story of faith and gratitude—of hope enduring through the dark night.”

“And,” Pelosi added, “it is hope that we celebrate each holiday season—that through the cold and dark winter, spring will someday come.”  

Capitol Police Officer Harry Dunn, who defended the Capitol against the Oath Keepers on January 6, heard the jury’s verdict, then watched the tree lighting.

Holocaust denier, neo-Nazi Fuentes dines with Trump

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

November 26, 2022

I hate to break up a holiday weekend with a political post, but I want to put down a marker for the record.

On the Tuesday before Thanksgiving, November 22, former president Trump hosted the antisemitic artist Ye, also known as Kanye West, for dinner at a public table at Mar-a-Lago along with political operative Karen Giorno, who was the Trump campaign’s 2016 state director in Florida. Ye brought with him 24-year-old far-right white supremacist Nick Fuentes. Fuentes attended the August 2017 “Unite the Right” rally in Charlottesville, Virginia, and in its wake, he committed to moving the Republican Party farther to the right.

Fuentes has openly admired Italian fascist dictator Benito Mussolini and authoritarian Russian president Vladimir Putin, who is currently making war on Russia’s neighbor Ukraine. A Holocaust denier, Fuentes is associated with America’s neo-Nazis.

In February 2020, Fuentes launched the America First Political Action Conference to compete from the right with the Conservative Political Action Conference. In May 2021, on a livestream, Fuentes said: “My job…is to keep pushing things further. We, because nobody else will, have to push the envelope. And we’re gonna get called names. We’re gonna get called racist, sexist, antisemitic, bigoted, whatever.… When the party is where we are two years later, we’re not gonna get the credit for the ideas that become popular. But that’s okay. That’s our job. We are the right-wing flank of the Republican Party. And if we didn’t exist, the Republican Party would be falling backwards all the time.”

Fuentes and his “America First” followers, called “Groypers” after a cartoon amphibian (I’m not kidding), backed Trump’s lies that he had actually won the 2020 election. At a rally shortly after the election, Fuentes told his followers to “storm every state capitol until Jan. 20, 2021, until President Trump is inaugurated for four more years.” Fuentes and Groypers were at the January 6th attack on the U.S. Capitol, and at least seven of them have been charged with federal crimes for their association with that attack. The House Select Committee to Investigate the January 6th Attack on the U.S. Capitol subpoenaed Fuentes himself.

Accounts of the dinner suggest that Trump and Fuentes hit it off, with Trump allegedly saying, “I like this guy, he gets me,” after Fuentes urged Trump to speak freely off the cuff rather than reading teleprompters and trying to appear presidential as his handlers advise.

But Trump announced his candidacy for president in 2024 just days ago, and being seen publicly with far-right white supremacist Fuentes—in addition to Ye—indicates his embrace of the far right. His team told NBC’s Marc Caputo that the dinner was a “f**king nightmare.” Trump tried to distance himself from the meeting by saying he didn’t know who Fuentes was, and that he was just trying to help Ye out by giving the “seriously troubled” man advice, but observers noted that he did not distance himself from Fuentes’s positions.

Republican lawmakers have been silent about Trump’s apparent open embrace of the far right, illustrating the growing power of that far right in the Republican Party. Representatives Paul Gosar (R-AZ) and Marjorie Taylor Greene (R-GA) have affiliated themselves with Fuentes, and while their appearances with him at the America First Political Action Conference last February drew condemnation from Republican leader Representative Kevin McCarthy (R-CA), now McCarthy desperately needs the votes of far-right Republicans to make him speaker of the House. To get that support, he has been promising to deliver their wish list—including an investigation into President Joe Biden’s son Hunter—and appears willing to accept Fuentes and his followers into the party, exactly as Fuentes hoped.

Today, after the news of Trump’s dinner and the thundering silence that followed it, conservative anti-Trumper Bill Kristol tweeted: “Aren’t there five decent Republicans in the House who will announce they won’t vote for anyone for Speaker who doesn’t denounce their party’s current leader, Donald Trump, for consorting with the repulsive neo-Nazi Fuentes?”

So far, at least, the answer is no.

Why the world is turning to Hannah Arendt to explain Trump

George Orwell’s “1984” is not the only classic that’s celebrating a comeback. Hannah Arendt’s philosophical essay “The Origins of Totalitarianism” has also spiked in interest recently. Here’s why it’s so relevant.

Born in Germany to a Jewish family, Hannah Arendt (1906-1975) fled when Adolf Hitler rose to power in 1933. She spent time as a stateless refugee in France and was deported to an internment camp under the Vichy regime. She emigrated to the United States in 1941, later becoming a US citizen.

Having experienced first-hand the near collapse of an advanced civilization, she also became one of the first political theorists to analyze how totalitarian political movements could rise in the early 20th century.

The roots of Nazism and Stalinism are described in her first major book, “The Origins of Totalitarianism,” originally published in English in 1951.

It has been compulsory reading for many college students ever since, but the dense political work of over 500 pages isn’t typically a bestseller. It has been flying off bookshelves in the US since Trump’s inauguration; Amazon even briefly ran out of stock this week.

These new Arendt fans are presumably trying to understand what Trump’s presidency could lead to. As it might take a while for readers to get through her heavy essays, here are a few spoilers: “Trump is not a totalitarian in her understanding; he incorporates what she calls ‘elements’ of totalitarianism,” Roger Berkowitz, professor and head of the Hannah Arendt Center for Politics and Humanity at Bard College in New York, explained in a recent DW interview.

However, strong warning signs shouldn’t be ignored, added Berkowitz: Arendt believed that “one of the core elements of totalitarianism is that it’s based in a movement… and Trump has explicitly called himself the mouthpiece of a movement. That’s a very dangerous position for a politician.”

DW News Hannah Arendt Zitate ENG

Populism: easy fixes in times of global anxiety

Arendt’s analysis focuses on the events of that period. Although her observations obviously couldn’t explain everything about today’s complex political developments, many are still revealing even now, as the right-wing populism that’s spreading throughout Europe and the US is reminiscent in different ways of the situation in the 1920s and 30s that allowed the Nazis and Communists to rise.

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