Roe v Wade

Presidential immunity is a brand new doctrine. “The President is now a king above the law.”

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

July 3, 2024

Today the United States Supreme Court overthrew the central premise of American democracy: that no one is above the law. 

It decided that the president of the United States, possibly the most powerful person on earth, has “absolute immunity” from criminal prosecution for crimes committed as part of the official acts at the core of presidential powers. The court also said it should be presumed that the president also has immunity for other official acts as well, unless that prosecution would not intrude on the authority of the executive branch.

This is a profound change to our fundamental law—an amendment to the Constitution, as historian David Blight noted. Writing for the majority, Chief Justice John Roberts said that a president needs such immunity to make sure the president is willing to take “bold and unhesitating action” and make unpopular decisions, although no previous president has ever asserted that he is above the law or that he needed such immunity to fulfill his role. Roberts’s decision didn’t focus at all on the interest of the American people in guaranteeing that presidents carry out their duties within the guardrails of the law. 

But this extraordinary power grab does not mean President Joe Biden can do as he wishes. As legal commentator Asha Rangappa pointed out, the court gave itself the power to determine which actions can be prosecuted and which cannot by making itself the final arbiter of what is “official” and what is not. Thus any action a president takes is subject to review by the Supreme Court, and it is reasonable to assume that this particular court would not give a Democrat the same leeway it would give Trump. 

There is no historical or legal precedent for this decision. The Declaration of Independence was a litany of complaints against King George III designed to explain why the colonists were declaring themselves free of kings; the Constitution did not provide immunity for the president, although it did for members of Congress in certain conditions, and it provided for the removal of the president for “high crimes and misdemeanors”—what would those be if a president is immune from prosecution for his official acts? The framers worried about politicians’ overreach and carefully provided for oversight of leaders; the Supreme Court today smashed through that key guardrail. 

Presidential immunity is a brand new doctrine. In February 2021, explaining away his vote to acquit Trump for inciting an insurrection, Senate minority leader Mitch McConnell (R-KY), who had also protected Trump in his first impeachment trial in 2019, said: “Trump is still liable for everything he did while he was in office…. We have a criminal justice system in this country. We have civil litigation, and former presidents are not immune from being held accountable by either one.”

But it was not just McConnell who thought that way. At his confirmation hearing in 2005, now–Chief Justice John Roberts said: “I believe that no one is above the law under our system and that includes the president. The president is fully bound by the law, the Constitution, and statutes.” 

In his 2006 confirmation hearings, Samuel Alito said: “There is nothing that is more important for our republic than the rule of law. No person in this country, no matter how high or powerful, is above the law.” 

And in 2018, Brett Kavanaugh told the Senate: “No one’s above the law in the United States, that’s a foundational principle…. We’re all equal before the law…. The foundation of our Constitution was that…the presidency would not be a monarchy…. [T]he president is not above the law, no one is above the law.”

Now they have changed that foundational principle for a man who, according to White House officials during his term, called for the execution of people who upset him and who has vowed to exact vengeance on those he now thinks have wronged him. Over the past weekend, Trump shared an image on social media saying that former Representative Liz Cheney (R-WY), who sat on the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, was guilty of treason and calling for “televised military tribunals” to try her. 

Today, observers illustrated what Trump’s newly declared immunity could mean. Political scientist Norm Ornstein pointed out that Trump could “order his handpicked FBI Director to arrest and jail his political opponents. He can order the IRS to put liens on the property of media companies who criticize him and jail reporters and editors.” Legal analyst Joyce White Vance noted that a president with such broad immunity could order the assassination of Supreme Court justices, and retired military leader Mark Hertling wrote that he was “trying to figure out how a commander can refuse an illegal order from someone who is issuing it as an official act.” 

Asha Rangappa wrote: “According to the Court, a President could literally provide the leader of a hostile adversary with intelligence needed to win a conflict in which we are involved, or even attack or invade the U.S., and not be prosecuted for treason, because negotiating with heads of state is an exclusive Art. II function. In case you were wondering.” Trump is currently under indictment for retaining classified documents. “The Court has handed Trump, if he wins this November, carte blanche to be a ‘dictator on day one,’ and the ability to use every lever of official power at his disposal for his personal ends without any recourse,” Rangappa wrote. “This election is now a clear-cut decision between democracy and autocracy. Vote accordingly.”

Trump’s lawyers are already challenging Trump’s conviction in the election interference case in which a jury found him guilty on 34 counts. Over Trump’s name on social media, a post said the decision was “BRILLIANTLY WRITTEN AND WISE, AND CLEARS THE STENCH FROM THE BIDEN TRIALS AND HOAXES, ALL OF THEM, THAT HAVE BEEN USED AS AN UNFAIR ATTACK ON CROOKED JOE BIDEN’S POLITICAL OPPONENT, ME. MANY OF THESE FAKE CASES WILL NOW DISAPPEAR, OR WITHER INTO OBSCURITY. GOD BLESS AMERICA!”

In a concurring opinion, Justice Clarence Thomas, whose wife was deeply involved in the effort to overturn the 2020 presidential election, also took a shot at the appointment of special counsels to investigate such events. Thomas was not the only Justice whose participation in this decision was likely covered by a requirement that he recuse himself: Alito has publicly expressed support for the attempt to keep Trump in office against the will of voters. Trump appointed three of the other justices granting him immunity—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—to the court.

In a dissent in which Justices Elena Kagan and Ketanji Brown Jackson concurred, Justice Sonia Sotomayor wrote that because of the majority’s decision, “[t]he relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.”

“Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law. Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our democracy,” she wrote, “I dissent.” 

Today’s decision destroyed the principle on which this nation was founded, that all people in the United States of America should be equal before the law.

The name of the case is “Donald J. Trump v. United States.” 

MAGAs scream “Hang everyone,” yet Trump remains guilty

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 31, 2024

Today felt as if there was a collective inward breath as people tried to figure out what yesterday’s jury verdict means for the upcoming 2024 election. The jury decided that former president Trump created fraudulent business records in order to illegally influence the 2016 election. As of yesterday, the presumptive Republican nominee for president of the United States of America is a convicted felon. 

Since the verdict, Trump and his supporters have worked very hard to spin the conviction as a good thing for his campaign, but those arguments sound like a desperate attempt to shape a narrative that is spinning out of their control. Newspapers all over the country bore the word “GUILTY” in their headlines today.

At stake for Trump is the Republican presidential nomination. Getting it would pave his way to the presidency, which offers him financial gain and the ability to short-circuit the federal prosecutions that observers say are even tighter cases than the state case in which a jury quickly and unanimously found him guilty yesterday. Not getting it leaves Trump and the MAGA supporters who helped him try to steal the 2020 presidential election at the mercy of the American justice system.  

After last night’s verdict, Trump went to the cameras and tried to establish that the nomination remains his, asserting that voters would vindicate him on November 5. But this morning, as he followed up last night’s comments, he did himself no favors. He billed the event as a “press conference,” but delivered what Michael Grynbaum of the New York Times described as “a rambling and misleading speech,” so full of grievance and unhinged that the networks except the Fox News Channel cut away from it as he attacked trial witnesses, called Judge Merchan “the devil,” and falsely accused President Joe Biden of pushing his prosecution. He took no questions from the press.

Today the Trump campaign told reporters it raised $34.8 million from small-dollar donors in the hours after the guilty verdict, but observers pointed out there was no reason to believe those numbers based on statements from Trump’s campaign. Meanwhile, Trump advisor Stephen Miller shouted on the Fox News Channel that every Republican secretary of state, state attorney general, donor, member of Congress must use their power “RIGHT NOW” to “beat these Communists!” 

The attempt of MAGA lawmakers to shape events in their favor seemed just as panicked. Representative Jim Banks (R-IN) posted on social media that “New York is a liberal sh*t hole,” and Jim Jordan (R-OH) today asked Manhattan district attorney Alvin Bragg, who brought the case against Trump, to testify before the House Judiciary’s Select Subcommittee on the Weaponization of the Federal Government about “politically motivated prosecutions of…President Donald Trump.” Representative Dan Goldman (D-NY) noted that Trump is a private citizen and Congress has no jurisdiction over the case, but that Jordan is using his congressional authority illegally to defend Trump. 

MAGA senators were even more strident. Republican senator Mike Lee of Utah melted down on X last night over the verdict, and today he led nine other Republican senators in a revolt against the federal government. Lee, J. D. Vance of Ohio, Tommy Tuberville of Alabama, Eric Schmitt of Missouri, Marsha Blackburn of Tennessee, Rick Scott of Florida, Roger Marshall of Kansas, Marco Rubio of Florida, Josh Hawley of Missouri, and Ron Johnson of Wisconsin issued a public letter saying they would no longer pass legislation, fund the government, or vote to confirm the administration’s appointees because, they said, “[t]he White House has made a mockery of the rule of law and fundamentally altered our politics in un-American ways. As a Senate Republican conference,” they said, although there were only 10 of them, “we are unwilling to aid and abet this White House in its project to tear this country apart.” 

It was an odd statement seemingly designed to use disinformation to convince voters to stick with them. Ten senators said they would not do the federal jobs they were elected to do because private citizen Trump was convicted in a state court by a jury of 12 people in New York, a jury that Trump’s lawyers had agreed to. The senators attacked the rule of law and the operation of the federal government in a demonstration of support for Trump. A number of the senators involved were key players in the attempt to overturn the 2020 presidential election. 

Awkwardly, considering the day’s news, a video from 2016 circulated today in which Trump insisted that Democratic presidential candidate Hillary Clinton, who he falsely insisted had committed crimes even as he was the one actually committing them, “shouldn’t be allowed to run.” If she were to win, Trump then said, “it would create an unprecedented constitutional crisis. In that situation, we could very well have a sitting president under felony indictment and, ultimately, a criminal trial. It would grind government to a halt.” 

Josh Marshall of Talking Points Memo put it correctly: this is not an “outpouring of rage and anger,” so much as “an overwhelming effort to match and muffle the earthquake of what happened yesterday afternoon with enough noise and choreography to keep everyone in Trump’s campaign and on the margins of it in line and on side.”

Still, there is more behind the MAGA support for Trump than fearful political messaging. Trump has been hailed as a savior by his supporters because he promises to smash through the laws and norms of American democracy to put them into power. There, they can assert their will over the rest of us, achieving the social and religious control they cannot achieve through democratic means because they cannot win the popular vote in a free and fair election. With Trump’s conviction within the legal system, his supporters are more determined than ever to destroy the rules that block them from imposing their will on the rest of us. 

Today the Federalist Society, which is now aligned with Victor Orbán’s Hungary, flew an upside-down U.S. flag as a signal of national distress. Their actions were in keeping with Russian president Vladimir Putin’s statement that Trump is being persecuted “for political reasons” and that the cases show “the rottenness of the American political system, which cannot pretend to teach others about democracy.”

Ryan J. Reilly of NBC News reported today on a spike in violent rhetoric on social media targeting New York judge Juan Merchan, who oversaw Trump’s Manhattan election interference trial, and District Attorney Bragg. Users of a fringe internet message board also shared what they claimed were the addresses of jurors. “Dox the Jurors. Dox them now,” one user wrote. Another wrote, “1,000,000 men (armed) need to go to [W]ashington and hang everyone. That’s the only solution.”

This attack on our democracy was the central message of a crucially important story from yesterday that got buried under the news of Trump’s conviction. In The New Republic, Ken Silverstein reported on a private WhatsApp group started last December by military contractor Erik Prince—founder of Blackwater and brother of Trump’s secretary of education, Betsy DeVos—and including about 650 wealthy and well-connected “right-wing government officials, intelligence operatives, arms traffickers, and journalists,” including Representative Ryan Zinke (R-MT), who served as Trump’s secretary of the interior. 

Called “Off Leash,” the group discussed, as Silverstein wrote, “the shortcomings of democracy that invariably resulted from extending the franchise to ordinary citizens, who are easily manipulated by Marxists and populists,” collapsing Gaza into a “fiery hell pit,” wiping out Iran, how Africa was a “sh*thole of a continent,” and ways to dominate the globe. Mostly, though, they discussed the danger of letting everyone vote. “There is only one path forward,” Zinke wrote. “Elect Trump.” Another member answered, “It’s Trump or Revolution” “You mean Trump AND Revolution,” wrote another. 

And yet the frantic MAGA spin on the verdict reveals that there is another way to interpret it. Americans who had lost faith that the justice system could ever hold a powerful man accountable as Trump’s lawyers managed to put off his many indictments see the verdict as a welcome sign that the system still works. 

“The American principle that no one is above the law was reaffirmed,” Biden said today. “Donald Trump was given every opportunity to defend himself. It was a state case, not a federal case. And it was heard by a jury of 12 citizens, 12 Americans, 12 people like you. Like millions of Americans who served on juries, this jury is chosen the same way every jury in America is chosen. It was a process that Donald Trump’s attorney was part of. The jury heard five weeks of evidence…. After careful deliberation, the jury reached a unanimous verdict. They found Donald Trump guilty on all 34 felony counts. Now he’ll be given the opportunity as he should to appeal that decision just like everyone else has that opportunity. That’s how the American system of justice works. And it’s reckless, it’s dangerous, and it’s irresponsible for anyone to say this was rigged just because they don’t like the verdict. Our justice system has endured for nearly 250 years and it literally is the cornerstone of America…. The justice system should be respected, and we should never allow anyone to tear it down. It’s as simple as that. That’s America. That’s who we are. And that’s who we will always be, God willing.”

Today the publisher of Dinesh D’Souza’s book and film 2000 Mules, which alleged voter fraud in the 2020 election, said it was pulling both the book and film from distribution and issued an apology to a Georgia man who sued for defamation after 2000 Mules accused him of voting illegally.  

MAGA Republicans confidently predicted yesterday that the stock market would crash if the jury found Trump guilty. Today the Dow Jones Industrial Average gained almost 600 points.

While President Biden honors vets at Arlington Cemetery, MAGAs warn “You f*cking blowjob liberals are done!”

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 28, 2024

The defense and the prosecution today made their closing statements in the New York criminal case against Trump for falsifying business records to hide a $130,000 payment to adult film actress Stephanie Clifford, also known as Stormy Daniels. The payment was intended to stop her account of her sexual encounter with Trump from becoming public in the days before the 2016 election, when the Trump campaign was already reeling from the Access Hollywood tape showing Trump boasting of sexual assault.  

The Biden-Harris campaign showed up at the trial today with veteran actor Robert DeNiro and former police officers Michael Fanone and Harry Dunn, who protected the U.S. Capitol and members of Congress from rioters on January 6, 2021. In words seemingly calculated to get under Trump’s skin, DeNiro said, “We New Yorkers used to tolerate him when he was just another grubby real estate hustler masquerading as a big shot,” and called him a coward. 

When Robert Costa of CBS News asked campaign spokesperson Michael Tyler why they had shown up at the trial, Tyler answered: “Because you all are here. You’ve been incessantly covering this day in and day out, and we want to remind the American people ahead of the…first debate on June 27 of the unique, persistent, and growing threat that Donald Trump poses to the American people and to our democracy. So since you all are here, we’re here communicating that message.” 

Yesterday, in remarks at Arlington National Cemetery in observance of Memorial Day, President Joe Biden honored “the sacrifice of the hundreds of thousands of women and men who’ve given their lives for this nation. Each one…a link in the chain of honor stretching back to our founding days. Each one bound by common commitment—not to a place, not to a person, not to a President, but to an idea unlike any idea in human history: the idea of the United States of America.”

“[F]reedom has never been guaranteed,” Biden said. “Every generation has to earn it; fight for it; defend it in battle between autocracy and democracy, between the greed of a few and the rights of many…. And just as our fallen heroes have kept the ultimate faith with our country and our democracy, we must keep faith with them,” he said. 

His speech at Arlington echoed the message he delivered to this year’s graduating class at the United States Military Academy at West Point, where he urged the graduates to hold fast to their oaths. “On your very first day at West Point, you raised your right hands and took an oath—not to a political party, not to a president, but to the Constitution of the United States of America—against all enemies, foreign and domestic,” he said to applause. Soldiers “have given their lives for that Constitution. They have fought to defend the freedoms that it protects: the right to vote, the right to worship, the right to raise your voice in protest. They have saved and sacrificed to ensure, as President Lincoln said, a ‘government of the people, by the people, and for the people shall not perish from the Earth.’”

“[N]othing is guaranteed about our democracy in America. Every generation has an obligation to defend it, to protect it, to preserve it, to choose it,” he said. “Now, it’s your turn.” Biden spent more than an hour saluting and shaking the hand of each graduate. 

In contrast, Trump ushered in Memorial Day with a post on his social media company, saying: “Happy Memorial Day to All, including the Human Scum that is working so hard to destroy our Once Great Country, & to the Radical Left, Trump Hating Federal Judge in New York that presided over, get this, TWO separate trials, that awarded a woman, who I never met before (a quick handshake at a celebrity event, 25 years ago, doesn’t count!), 91 MILLION DOLLARS for “DEFAMATION.” He then continued to attack E. Jean Carroll, the writer who successfully sued him for defamation, before turning to attack Judge Arthur Engoron, who presided over the civil case of Trump and the Trump Organization falsifying documents, and Judge Juan Merchan, who is presiding over the current criminal case in New York. 

The message behind this extraordinary post was twofold: Trump can think of nothing but himself…and he appears to be terrified. 

On Saturday, May 25, Trump had an experience quite different from his usual reception at rallies of hand-picked supporters. He was resoundingly booed at the national convention of the Libertarian Party in Washington, D.C., where Secret Service agents confiscated squeaky rubber chickens before his speech. Attendees jeered Trump’s order, “You have to combine with us,” even when he reminded them of his libertarian credentials—tax cuts and defunding of federal equality programs—and promised to pardon the January 6 rioters who attacked the U.S. Capitol. 

Trump also promised to pardon Ross Ulbricht, who founded and from January 2011 to October 2013 ran an online criminal marketplace called Silk Road, where more than $200 million in illegal drugs and other illicit goods and services, such as computer hacking, were bought and sold. Most of the sales were of drugs, with the Silk Road home page listing nearly 13,000 options, including heroin, cocaine, ecstasy, and LSD. The wares were linked to at least six deaths from overdose around the world. In May 2015, Ulbricht was sentenced to life in prison and was ordered to forfeit more than $180 million. 

Libertarians want Ulbricht released because they support drug legalization on the grounds that people should be able to make their own choices and they see Ulbricht’s sentence as government overreach. Trump has repeatedly called for the death penalty for drug dealers, making his promise to pardon Ulbricht an illustration of just how badly he thinks he needs the support of Libertarian voters. But they refused to endorse him. 

Trump appeared angry, and on Sunday, as Greg Sargent reported in The New Republic, he reposted a video of a man raging at MSNBC host Joe Scarborough. In it, the man says that when Trump is reelected: “He’ll get rid of all you f*cking liberals. You liberals are gone when he f*cking wins. You f*cking blowjob liberals are done. Uncle Donnie’s gonna take this election—landslide. Landslide, you f*cking half a blowjob. Landslide. Get the f*ck out of here, you scumbag.” 

Trump’s elevation of this video, Sargent notes, is a dangerous escalation of his already violent rhetoric, and yet it has gotten very little media attention. 

Last November, Matt Gertz of Media Matters reported that ABC News, CBS News, and NBC News provided 18 times more coverage of 2016 Democratic presidential nominee Hillary Clinton’s comment at a fundraising event that “you could put half of Trump’s supporters into what I call the basket of deplorables” who are “racist, sexist, homophobic, xenophobic, Islamophobic,” than they provided of Trump’s November 2023 promise to “root out the communist, Marxist, fascist and the radical left thugs that live like vermin within the confines of our country.” 

CNN, the Fox News Channel, and MSNBC mentioned the “deplorables” comment nearly 9 times more than Trump’s “vermin” language. The ratio for the five highest-circulating U.S. newspapers was 29:1. 

Clinton’s statement was consistent with polling, and she added that the rest of Trump’s supporters were “people who feel that the government has let them down, the economy has let them down, nobody cares about them, nobody worries about what happens to their lives and their futures, and they’re just desperate for change.” She said: “Those are people we have to understand and empathize with as well.”

Sargent noted that news stories require context and that Trump’s elevation of the violent video should be placed alongside his many threats to prosecute his enemies. While there is often concern over disrespect toward right-wing voters, Sargent writes, there has been very little attention to the presumptive Republican presidential nominee’s posting of “a video that declares a large ideological subgroup of Americans ‘done’ and ‘gone’ if he is elected.”

Scott MacFarlane of CBS News reported yesterday that Republicans have ignored a law passed in March 2022 requiring the placement of a small plaque honoring police officers who protected the U.S. Capitol and the lawmakers and staffers there on January 6, 2021. It was supposed to be in place by March 2023 but has not gone up. A spokesperson for House speaker Mike Johnson (R-LA) says his office is working on it. Kayla Tausche of CNN reported today that three of the police officers at the Capitol that day—Sergeant Aquilino Gonell and Officer Harry Dunn, both retired, and Officer Daniel Hodges, who is still with the Washington, D.C., metropolitan police—will be traveling to swing states for the Biden campaign to tell voters that Trump threatens Americans’ fundamental rights. 

Finally, today, Melinda French Gates, co-founder of the Bill & Melinda Gates Foundation, announced $1 billion in new spending over the next two years “for people and organizations working on behalf of women and families around the world, including on reproductive rights in the United States.” Only 2% of charitable giving in the U.S. goes to these organizations, she wrote the New York Times, and “[f]or too long, a lack of money has forced organizations fighting for women’s rights into a defensive posture while the enemies of progress play offense. I want to help even the match.”

Trump accepts endorsement of alleged gang members, rappers … and Nikki Haley

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 24, 2024

On Wednesday, May 22, former South Carolina governor Nikki Haley, who had been the candidate for anti-Trump Republicans, said she will vote for Trump. Haley ran against Trump for the Republican presidential nomination and maintained a steady stream of criticism of him, calling him “unstable,” “unhinged” and “a disaster…for our party.” Since she suspended her campaign in early March, she has continued to poll at around 20% of Republican primary voters. 

There are two ways to look at Haley’s capitulation. It might show that Trump is so strong that he has captured the entire party and is sweeping it before him. In contrast, it might show that Trump is weak, and Haley made this concession to his voters either in hopes of stepping into his place or in a desperate move to cobble the party, whose leaders are keenly aware they are an unpopular minority in the country, together. 

The Republican Party is in the midst of a civil war. The last of the establishment Republican leaders who controlled the party before 2016 are trying to wrest control of it back from Trump’s MAGA Republicans, who have taken control of the key official positions. At the same time, Trump’s MAGA voters, while a key part of the Republican base, have pushed the party so far right they have left the majority of Americans—including Republicans—far behind.

Abortion remains a major political problem for Republicans. Trump appointed the three Supreme Court justices who provided the votes to overturn the 1973 Roe v. Wade decision that recognized the constitutional right to abortion, and he has boasted repeatedly that he ended Roe. This pleases his white evangelical base but not the majority of the American people.

According to a recent Pew poll, 63% of Americans believe that abortion should be legal in most or all cases, while only 36% think it should be illegal in most or all cases. But Republicans are continuing to push unpopular antiabortion legislation. On Thursday, Louisiana lawmakers approved a law classifying mifepristone and misoprostol, two drugs commonly used in abortions, as dangerous drugs—a category usually reserved for addictive medications—making it a crime to possess abortion pills without a prescription. 

Louisiana prohibits abortions except to save the life of the mother or in cases in which the fetus has a condition incompatible with life. The law requires doctors to get a special license to prescribe the drugs, one of which is used for routine reproductive care as well as abortions. The state would then keep a record of those prescriptions, effectively a database to monitor women’s pregnancies and the doctors who treat them. Louisiana governor Jeff Landry, a Republican, is expected to sign the measure into law. 

Trump has repeatedly promised to weigh in on the mifepristone question but, likely aware that he cannot please both his base and voters, has not done so. On Tuesday, May 21, though, he stepped into a related problem. Since the Dobbs v. Jackson Women’s Health Organization decision overturned Roe v. Wade, antiabortion activists have begun to talk about contraception as abortion, with some warning that it is “unbiblical.” But in February, 80% of voters polled said that contraception was “deeply important” to them, including 72% of Republican voters. On Tuesday, Trump said he was open to regulating contraception and that his campaign would issue a policy statement on contraception “very shortly.” He later walked back his earlier comments, saying they had been misinterpreted.

On May 19 the same judge who tried to remove mifepristone from the market by rescinding the FDA approval of it, Trump-appointed U.S. District Judge Matthew Kacsmaryk, blocked the Biden administration from implementing a new rule that requires sellers at gun shows and online to get licenses and conduct background checks. The rule closes what’s known as the “gun show loophole.” According to the Penn State McCourtney Institute for Democracy, 86% of Americans want mandatory background checks for all gun purchases. 

Trump himself is a problem for the party. His base is absolutely loyal, but he is a deeply problematic candidate for anyone else. As Susan Glasser outlined in the New Yorker yesterday, in the past week he chickened out of testifying in his ongoing criminal trial for paying hush money to an adult film actress to keep damaging information from voters in 2016 after insisting for weeks that he would. He talked about staying in office for a third term, ran a video promising that the United States will become a “unified Reich” when he wins reelection, and accused President Joe Biden of trying to have him assassinated. He will be 78 in a few weeks and is having trouble speaking.

In addition to his ongoing criminal trial, on Tuesday a filing unsealed in the case of Trump’s retention of classified documents showed that a federal judge, Beryl Howell, believed investigators had “strong evidence” that Trump “intended” to hide those documents from the federal government.

Also revealed were new photographs of Trump’s personal aide Walt Nauta moving document boxes before one of Trump’s lawyers arrived to review what Trump had, along with the information that once Trump realized that the men moving the boxes could be captured on Mar-a-Lago’s security cameras, he allegedly made sure they would avoid the cameras. The new details suggest that prosecutors have more evidence than has been made public. 

This might explain why, as Asawin Suebsaeng and Adam Rawnsley of Rolling Stone reported today, Trump is pressuring Republicans to pass a law shielding presidents from prosecution in state or local courts, moving prosecutions to federal courts where a president could stop them.

Yesterday, Marilyn W. Thompson of ProPublica reported on yet another potentially harmful legal story. There were a number of discrimination and harassment complaints made against the Trump campaign in 2016 and 2020 that Trump tried to keep quiet with nondisclosure agreements. A federal magistrate judge has ordered the Trump campaign to produce a list of the complaints by May 31. Those complaints include the charge that the 2016 campaign paid women less than men and that Trump kissed a woman without her consent. 

Trump’s current behavior is not likely to reassure voters. 

Yesterday he wrote on social media that “Evan Gershkovich, the Reporter from The Wall Street Journal, who is being held by Russia, will be released almost immediately after the Election, but definitely before I assume Office. He will be HOME, SAFE, AND WITH HIS FAMILY. Vladimir Putin, President of Russia, will do that for me, but not for anyone else, and WE WILL BE PAYING NOTHING!”

There is no good interpretation of this post. If Trump does have that sort of leverage with Putin, why? And why not use it immediately? Is he openly signaling to Putin to ignore the Biden administration’s ongoing negotiations for Gershkovich’s release? Trevor Reed, who was arrested in Russia in 2019 when visiting his girlfriend in Moscow, noted: “As a former wrongful detainee in Russia, I would just like to remind everyone that President Trump had the ability to get myself and Paul Whelan out of Russia for years and chose not to. I would be skeptical of any claims about getting Evan Gershkovich back in a day.”  

Reed was freed in 2022 as part of a prisoner swap arranged by the Biden administration. 

Last night, at a rally in New York, Trump accepted the endorsement of alleged gang members, rappers Michael Williams (Sheff G) and Tegan Chambers (Sleepy Hallow). In 2023 the two men were indicted with 30 other people on 140 counts, including murder, attempted murder, illegal possession of firearms, and at least a dozen shootings. Sheff G was released from jail in April after posting a $1.5 million bond. 

Then, Trump’s people claimed that 25,000 people turned out for the rally, but they requested a permit for only 3,500, and only 3,400 tickets were issued. Aerial shots suggest there were 800–1,500 people there. 

MAGA voters don’t care about any of this, apparently, but non-MAGA Republicans and Independents do. And this might be behind Haley’s promise to vote for Trump. The unpopularity of the MAGA faction might allow Haley to step in if Trump crashes and burns, so long as she kowtows to Trump and his base. Or it might be calculated to try to repair the rift in hopes that the party can cobble together some kind of unity by November. As The Shallow State noted on X, Haley’s announcement showed that “Trump is fragile.”

But Haley’s statement that she will vote for Trump does not necessarily mean her voters will follow her. Deputy political director for the Biden campaign Juan Peñalosa met with Haley supporters in a prescheduled zoom call hours after Haley’s announcement. On Thursday afternoon the campaign issued a press release titled: “To Haley Voters: There’s a Home For You on Team Biden-Harris.”

MAGA Republicans know their agenda is unpopular, and they are working to seize power through voter suppression, violence, gerrymandering, and packing the legal system. But there are signs a bipartisan defense of democracy may be gathering strength.