Heather Cox Richardson's Blog, page 100
June 3, 2024
June 2, 2024
Today is the one-hundredth anniversary of the Indian Citizenship Act, which declared that “all non-citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property.”
That declaration had been a long time coming. The Constitution, ratified in 1789, excluded “Indians not taxed” from the population on which officials would calculate representation in the House of Representatives. In the 1857 Dred Scott v. Sandford decision, the Supreme Court reiterated that Indigenous tribes were independent nations. It called Indigenous peoples equivalent to “the subjects of any other foreign Government.” They could be naturalized, thereby becoming citizens of a state and of the United States. And at that point, they “would be entitled to all the rights and privileges which would belong to an emigrant from any other foreign people.”
The Fourteenth Amendment, ratified in 1868, established that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But it continued to exclude “Indians not taxed” from the population used to calculate representation in the House of Representatives.
In 1880, John Elk, a member of the Winnebago tribe, tried to register to vote, saying he had been living off the reservation and had renounced the tribal affiliation under which he was born. In 1884, in Elk v. Wilkins, the Supreme Court affirmed that the Fourteenth Amendment to the Constitution did not cover Indigenous Americans who were living under the jurisdiction of a tribe when they were born. In 1887 the Dawes Act provided that any Indigenous American who accepted an individual land grant could become a citizen, but those who did not remained noncitizens.
As Interior Secretary Deb Haaland pointed out today in an article in Native News Online, Elk v. Wilkins meant that when Olympians Louis Tewanima and Jim Thorpe represented the United States in the 1912 Olympic games in Stockholm, Sweden, they were not legally American citizens. A member of the Hopi Tribe, Tewanima won the silver medal for the 10,000 meter run.
Thorpe was a member of the Sac and Fox Nation, and in 1912 he won two Olympic gold medals, in Classic pentathlon—sprint hurdles, long jump, high jump, shot put, and middle distance run—and in decathlon, which added five more track and field events to the Classic pentathlon. The Associated Press later voted Thorpe “The Greatest Athlete of the First Half of the Century” as he played both professional football and professional baseball, but it was his wins at the 1912 Olympics that made him a legend. Congratulating him on his win, Sweden’s King Gustav V allegedly said, “Sir, you are the greatest athlete in the world.”
Still, it was World War I that forced lawmakers to confront the contradiction of noncitizen Indigenous Americans. According to the Gilder Lehrman Institute for American History, more than 11,000 American Indians served in World War I: nearly 5,000 enlisted and about 6,500 were drafted, making up a total of about 25% of Indigenous men despite the fact that most Indigenous men were not citizens.
It was during World War I that members of the Choctaw and Cherokee Nations began to transmit messages for the American forces in a code based in their own languages, the inspiration for the Code Talkers of World War II. In 1919, in recognition of “the American Indian as a soldier of our army, fighting on foreign fields for liberty and justice,” as General John Pershing put it, Congress passed a law to grant citizenship to Indigenous American veterans of World War I.
That citizenship law raised the question of citizenship for those Indigenous Americans who had neither assimilated nor served in the military. The non-Native community was divided on the question; so was the Native community. Some thought citizenship would protect their rights, while others worried that it would strip them of the rights they held under treaties negotiated with them as separate and sovereign nations and was a way to force them to assimilate.
On June 2, 1924, Congress passed the measure, its supporters largely hoping that Indigenous citizenship would help to clean up the corruption in the Department of Indian Affairs. The new law applied to about 125,000 people out of an Indigenous population of about 300,000.
But in that era, citizenship did not confer civil rights. In 1941, shortly after Elizabeth Peratrovich and her husband, Roy, both members of the Tlingit Nation, moved from Klawok, Alaska, to the city of Juneau, they found a sign on a nearby inn saying, “No Natives Allowed.” This, they felt, contrasted dramatically with the American uniforms Indigenous Americans were wearing overseas, and they said as much in a letter to Alaska’s governor, Ernest H. Gruening. The sign was “an outrage,” they wrote. “The proprietor of Douglas Inn does not seem to realize that our Native boys are just as willing as the white boys to lay down their lives to protect the freedom that he enjoys."
With the support of the governor, Elizabeth started a campaign to get an antidiscrimination bill through the legislature. It failed in 1943, but passed the House in 1945 as a packed gallery looked on. The measure had the votes to pass in the Senate, but one opponent demanded: "Who are these people, barely out of savagery, who want to associate with us whites with 5,000 years of recorded civilization behind us?"
Elizabeth Peratrovich had been quietly knitting in the gallery, but during the public comment period, she said she would like to be heard. She crossed the chamber to stand by the Senate president. “I would not have expected,” she said, “that I, who am barely out of savagery, would have to remind gentlemen with five thousand years of recorded civilization behind them of our Bill of Rights.” She detailed the ways in which discrimination daily hampered the lives of herself, her husband, and her children. She finished to wild applause, and the Senate passed the nation’s first antidiscrimination act by a vote of 11 to 5.
Indigenous veterans came home from World War II to discover they still could not vote. In Arizona, Maricopa county recorder Roger G. Laveen refused to register returning veterans of the Fort McDowell Yavapai Nation, including Frank Harrison, to vote. He cited an earlier court decision saying Indigenous Americans were “persons under guardianship.” They sued, and the Arizona Supreme Court agreed that the phrase only applied to judicial guardianship.
In New Mexico, Miguel Trujillo, a schoolteacher from Isleta Pueblo who had served as a Marine in World War II, sued the county registrar who refused to enroll him as a voter. In 1948, in Trujillo v. Garley, a state court agreed that the clause in the New Mexico constitution prohibiting “Indians not taxed” from voting violated the Fourteenth and Fifteenth amendments by placing a unique requirement on Indigenous Americans. It was not until 1957 that Utah removed its restrictions on Indigenous voting, the last of the states to do so.
The 1965 Voting Rights Act protected Native American voting rights along with the voting rights of all Americans, and they, like all Americans, are affected by the Supreme Court’s hollowing out of the law and the wave of voter suppression laws state legislators who have bought into Trump’s Big Lie have passed since 2021. Voter ID laws that require street addresses cut out many people who live on reservations, and lack of access to polling places cuts out others.
Katie Friel and Emil Mella Pablo of the Brennan Center noted in 2022 that, for example, people who live on Nevada’s Duckwater reservation have to travel 140 miles each way to get to the closest elections office. “As the first and original peoples of this land, we have had only a century of recognized citizenship, and we continue to face systematic barriers when exercising the fundamental and hard-fought-for right to vote,” Democratic National Committee Native Caucus chair Clara Pratte said in a press release from the Democratic Party.
As part of the commemoration of the Indian Citizenship Act, the Democratic National Committee is distributing voter engagement and protection information in Apache, Ho-Chunk, Hopi, Navajo, Paiute, Shoshone, and Zuni.
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Notes:
https://www.espn.com/sportscentury/features/00016499.html
https://www.archives.gov/files/historical-docs/doc-content/images/indian-citizenship-act-1924.pdf
https://constitutioncenter.org/blog/on-this-day-in-1924-all-indians-made-united-states-citizens
Central Council of Tlingit and Haida Indian Tribes of Alaska, A Recollection of Civil Rights Leader Elizabeth Peratrovich, 1911–1958 (August 1991).
https://www.intermountainhistories.org/items/show/251
https://www.elpalacio.org/2023/03/the-power-of-one/
https://casetext.com/case/harrison-v-laveen
June 2, 2024
June 1, 2024
June 1, 2024
Today, as MAGA Republicans attack the rule of law and promise to prosecute their political enemies if they get back into power, it’s easy to forget that once upon a time, certain Republican politicians championed reason and compromise and took a stand against MAGAs’ predecessors. On June 1, 1950, Senator Margaret Chase Smith, a Republican from Maine, stood up against Republican Senator Joe McCarthy of Wisconsin and his supporters, who were undermining American democracy in a crusade against “communism.”
Margaret Chase was born in Skowhegan in 1897, the oldest child of a barber and a waitress, and became a teacher and a reporter before she got into politics through her husband, Clyde Smith, who was a state legislator and newspaperman. Soon after they married in 1930, she was elected to the Maine Republican State Committee and served until 1936, when Maine voters elected Clyde to Congress.
Once in Washington, Margaret worked as her husband’s researcher, speechwriter, and press secretary. When Clyde died of a heart attack in April 1940, voters elected Margaret to finish his term, then reelected her to Congress in her own right. They did so three more times, always with more than sixty percent of the vote. In 1948, they elected her to the Senate with a 71% majority.
When she was elected to Congress, the U.S. was still getting used to the New Deal government that Democratic president Franklin Delano Roosevelt had ushered in first to combat the Great Depression and then to fight for victory in World War II. Smith’s party was divided between those who thought the new system was a proper adjustment to the modern world and those determined to destroy that new government.
Those who wanted to slash the government back to the form it had taken in the 1920s, when businessmen ran it, had a problem. American voters liked the business regulation, basic social safety net, and infrastructure construction of the new system. To combat that popularity, the anti–New Deal Republicans insisted that the U.S. government was sliding toward communism. With the success of the People’s Liberation Army and the declaration of the People’s Republic of China in October 1949, Americans were willing to entertain the idea that communism was spreading across the globe and would soon take over the U.S.
Republican politicians eager to reclaim control of the government for the first time since 1933 fanned the flames of that fear. On February 9, 1950, during a speech to a group gathered in Wheeling, West Virginia, to celebrate Abraham Lincoln’s birthday, an undistinguished senator from Wisconsin named Joe McCarthy claimed that he had a list of 205 communists working for the State Department and that the Democrats refused to investigate these “traitors in the government.”
The anti–New Deal faction of the party jumped on board. Sympathetic newspapers trumpeted McCarthy’s charges—which kept changing, and for which he never offered proof—and his colleagues cheered him on, while congress members from the Republican faction that had signed onto the liberal consensus kept their heads down to avoid becoming the target of his attacks.
All but one of them did, that is. Senator Smith recognized the damage McCarthy and his ilk were doing to the nation. She had seen the effects of his behavior up close in Maine, where the faction of the Republican Party that supported McCarthy had supported the state’s Ku Klux Klan. Clyde and Margaret Chase Smith had taken a stand against them.
On June 1, 1950, only four months after McCarthy made his infamous speech in Wheeling, Smith stood up in the Senate to make a short speech.
She began: “I would like to speak briefly and simply about a serious national condition. It is a national feeling of fear and frustration that could result in national suicide and the end of everything that we Americans hold dear…. I speak as a Republican, I speak as a woman. I speak as a United States senator. I speak as an American.”
Referring to Senator McCarthy, who was sitting two rows behind her, Senator Smith condemned the leaders in her party who were destroying lives with wild accusations. “Those of us who shout the loudest about Americanism in making character assassinations are all too frequently those who, by our own words and acts, ignore some of the basic principles of Americanism,” she pointed out. Americans have the right to criticize, to hold unpopular beliefs, to protest, and to think for themselves. But attacks that cost people their reputations and jobs were stifling these basic American principles. “Freedom of speech is not what it used to be in America,” Senator Smith said. “It has been so abused by some that it is not exercised by others.”
Senator Smith wanted a Republican victory in the upcoming elections, she explained, but to replace President Harry Truman’s Democratic administration—for which she had plenty of harsh words—with a Republican regime “that lacks political integrity or intellectual honesty would prove equally disastrous to this nation.”
“I do not want to see the Republican party ride to political victory on the Four Horsemen of Calumny—Fear, Ignorance, Bigotry, and Smear.”
“I doubt if the Republican party could do so,” she added, “simply because I do not believe the American people will uphold any political party that puts political exploitation above national interest. Surely we Republicans are not that desperate for victory.”
“I do not want to see the Republican party win that way,” she said. “While it might be a fleeting victory for the Republican party, it would be a more lasting defeat for the American people. Surely it would ultimately be suicide for the Republican party and the two-party system that has protected our American liberties from the dictatorship of a one-party system.”
“As an American, I condemn a Republican Fascist just as much as I condemn a Democrat Communist,” she said. “They are equally dangerous to you and me and to our country. As an American, I want to see our nation recapture the strength and unity it once had when we fought the enemy instead of ourselves.”
Smith presented a “Declaration of Conscience,” listing five principles she hoped her party would adopt. It ended with a warning: “It is high time that we all stopped being tools and victims of totalitarian techniques—techniques that, if continued here unchecked, will surely end what we have come to cherish as the American way of life.”
Six other Republican senators signed onto Senator Smith’s declaration.
There were two reactions to the speech within the party. McCarthy sneered at “Snow White and the Six Dwarves.” Other Republicans quietly applauded Smith’s courage but refused to show similar courage themselves with public support. In the short term, Senator Smith’s voice was largely ignored in the public arena and then, when the Korean War broke out, forgotten.
But she was right. Four years later, the Senate condemned McCarthy. And while Senator Smith was later awarded the Presidential Medal of Freedom, McCarthy has gone down in history as a disgrace to the Senate and to the United States of America.
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Notes:
https://www.senate.gov/artandhistory/history/resources/pdf/SmithDeclaration.pdf
May 31, 2024
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.
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Notes:
https://www.nytimes.com/2024/05/31/business/media/cnn-nbc-trump-speech.html
https://talkingpointsmemo.com/edblog/owhat-trump-requires/sharetoken/hnWkPTYknWwi
https://newrepublic.com/article/182008/erik-prince-secret-global-group-chat-off-leash
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May 30, 2024
May 30, 2024
After slightly less than ten hours of deliberation, a jury today found former president Donald J. Trump guilty on all 34 counts of falsifying business records in order to unlawfully influence the 2016 election.
For the first time in our history, a former president of the United States is a convicted felon.
For the first time in our history, a former president of the United States has been convicted of committing crimes to steal an election.
Republican senators could have convicted Trump of high crimes and misdemeanors in 2019. In that year, the House impeached Trump after he tried to rig the 2020 presidential election by withholding congressionally appropriated funds to support Ukraine’s resistance to Russia’s 2014 invasion. He withheld the funds to try to force Ukraine president Volodomyr Zelensky to manufacture dirt on Democrat Joe Biden.
Republican senators could have convicted Trump, but they acquitted him.
Republican senators could have convicted Trump of high crimes and misdemeanors in 2021. In that year, the House impeached him after he tried to seize the presidency by instigating an attack on the U.S. Capitol and trying to rig the count of the electoral vote after Americans had elected Democrat Joe Biden.
Republican senators could have convicted Trump, but they acquitted him.
Today, twelve ordinary Americans did what Republican senators refused to do. They protected the rule of law and held Trump accountable for his attempt to rig an election.
Trump stared blankly ahead as the verdict was read. “Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty.”
Trump has managed to escape accountability from the political system, but in a court of law, where prosecutors brought facts, witnesses were under oath, and jurors did not need him to keep them in positions of power, he lost.
And so he continued his assault on the rule of law. MAGA lawmakers, including House speaker Mike Johnson (R-LA) and Senator Ted Cruz (R-TX), both of whom were involved in the events of January 6, 2021, joined him in attacking the system that produced the guilty verdicts, although they steered clear of defending Trump himself.
After the verdict, Trump turned back to politics. He went directly to the television cameras outside the courtroom, where he gave his usual speech, saying the trial was rigged, he was “a very innocent man,” and that “our country has gone to hell.” Within four minutes of the verdict, his campaign posted a fundraising pitch on social media, proclaiming, “I am a political prisoner!”
Trump has repeatedly urged his supporters to defend him with violence, but there was none reported. In some cities, there was cheering. Shares in Trump media fell sharply in after-hours trading.
Judge Juan Merchan will sentence Trump at 10:00 in the morning of July 11, four days before the Republican National Convention begins.
A spokesperson for the White House said: “We respect the rule of law, and have no additional comment.”
Tonight, for the first time in our history, a former president of the United States is a convicted felon.
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Notes:
https://www.cnbc.com/2024/05/30/djt-stock-falls-donald-trump-found-guilty-on-34-counts.html
https://www.telegraph.co.uk/us/politics/2024/05/30/donald-trump-verdict-live-hush-money/
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May 29, 2024
May 29, 2024
President Joe Biden and Vice President Kamala Harris campaigned today in Philadelphia, Pennsylvania. They spoke at Girard College, a school where Black Americans make up most of the student body, where they emphasized the importance of Black voters to the Democratic coalition and the ways in which the administration’s actions have delivered on its promises to the Black community.
“Because Black Americans voted, Kamala and I are President and Vice President of the United States,” Biden said. “That’s not hyperbole. Because you voted, Donald Trump is a defeated former president.”
Harris noted that Black Americans are 60% more likely than white Americans to be diagnosed with diabetes, and called out the administration’s capping of insulin at $35 a month, along with the provisions of the Inflation Reduction Act that permit Medicare to negotiate with pharmaceutical companies. She called out the administration’s relief of more than $165 billion in student loan debt for more than 5 million Americans, as well as the first major bipartisan gun safety law in 30 years.
What has guided them, Harris said to applause, is the “fundamental belief” that “[w]e work for you, the American people, not the special interests, not the billionaires or the big corporations, but the people.”
She contrasted their record with that of former president Trump, who tried to get rid of the Affordable Care Act that puts healthcare within reach for millions of Black Americans, proposed cuts to Social Security and Medicare, and handpicked Supreme Court justices who would overturn Roe v. Wade. “And as he intended, they did,” she said. “[T]oday, one in three women and more than half of Black women of reproductive age live in a state with an abortion ban.”
Then Biden took the stage to chants of “Four more years!” He added to Harris’s list of ways in which the administration has worked for racial equality: reconnecting the Black and brown and poor neighborhoods that were cut apart by highways in the 1960s and addressing the decades of disinvestment that happened as a consequence of the carving up of those neighborhoods (this cutting apart of neighborhoods is a really big deal in urban history, by the way); getting rid of the lead pipes that still contaminate water, especially in minority neighborhoods; making high-speed internet widely available and affordable; investing in historically Black colleges and universities; appointing more Black women to federal circuit courts than all other U.S. presidents combined.
Under the Biden administration, he noted, Black unemployment is at a record low and Black small businesses are starting at the fastest rate in 30 years. The wealth gap between Black Americans and white Americans is the lowest it’s been in 20 years. “We’re opening more doors for economic opportunity, including access to capital, entrepreneurship, workforce training so you can build a life of financial freedom and create generational wealth...all while being the providers and leaders of your families and community,” the president said.
Biden drew a contrast between his administration and Trump, saying, “I’ve shown you who I am, and Trump has shown you who he is. And today, Donald Trump is pandering and peddling lies and stereotypes for your votes so he can win for himself, not for you.” “[W]e’re not going to let Donald Trump turn America into a place that doesn’t believe in honesty, decency, and treating people with respect,” he said, “and I’ll be damned if I’m going to let Donald Trump turn America into a place filled with anger and resentment and hate.”
According to Myah Ward and Brakkton Booker of Politico, this was Biden’s fifth trip to the Philadelphia area and his seventh to Pennsylvania this year. As he tries to win the state in 2024, the campaign has opened 24 field offices and outspent Trump there by a ratio of more than 4 to 1.
Harris and Biden’s appearance in Philadelphia looked pretty much like a normal day in a normal presidential campaign season.
The same was not true of the presumptive Republican presidential nominee Donald Trump, who was in a courtroom in Manhattan as Judge Juan Merchan instructed the jury in the 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, to stop her account of their sexual encounter from becoming public in the days before the 2016 election.
Legal analyst Joyce White Vance explained that to find Trump guilty, “[t]he jury must find unanimously that Trump created fraudulent business records and that he did it with the intent to influence an election through unlawful means.”
Trump and his supporters immediately took to the media to misrepresent the court system. Trump appeared to sleep through the jury instructions but later posted on social media: “I DON’T EVEN KNOW WHAT THE CHARGES ARE IN THIS RIGGED CASE…. THERE IS NO CRIME.” (He had told the judge on April 4, 2023, that he understood the charges against him.) Trump insisted that he had been railroaded by the fact that “a lot of key witnesses were not called,” although his own defense did not call them and he declined to testify himself. He called the judge “conflicted” and “corrupt,” and said “Mother Teresa could not beat these charges,” a reference to the Albanian-Indian Catholic nun canonized by the Catholic Church in 2016.
Fox News host John Roberts misrepresented the judge’s instructions, launching a wave of fury on right-wing media stations and prompting Florida senator Marco Rubio to write: “This is exactly the kind of sham trial used against political opponents of the regime in the old Soviet Union.” Utah senator Mike Lee chimed in with his own attacks on Judge Merchan. Roberts later corrected his tweet, but it was too late to change the narrative.
Tonight, those two themes reappeared again and again on social media in both Trump’s feed and those of his supporters. Their frenzy suggested they are concerned about the jury’s verdict. Newsmax host Todd Starnes tweeted: “President Trump needs to get out of New York City RIGHT NOW! Fly back to Mar-a-Lago or another state that will provide him safe harbor.”
Indeed, it seems we are seeing the fear of accountability that has been missing from the top levels of American politics since President Gerald Ford pardoned President Richard M. Nixon in 1974. While Ford believed Nixon’s accepting the pardon was an admission of guilt for his participation in the coverup of the break-in at the headquarters of the Democratic National Committee in the Watergate Hotel before the 1972 election and anything else he might have done, Nixon never admitted such guilt.
In the fifty years since then, certain powerful people seem to have concluded that they cannot be held accountable to laws or rules. The MAGA Republicans are illustrating that disrespect for the rule of law on a daily basis as they work to undermine the courts and the Department of Justice.
Yesterday, Jodi Kantor of the New York Times reported that Supreme Court Justice Samuel Alito’s story that his wife flew the upside down flag of distress favored by the January 6th rioters as a response to a hostile neighbor did not line up with accounts given by neighbors and a police report.
Because of that distress flag, as well as the “Appeal to Heaven” flag that flew over his beach house, Alito is under increasing pressure to recuse himself from considering cases related to the events of January 6, including whether Trump is immune from prosecution for his actions surrounding the attempt to overturn the results of the 2020 presidential election. Today Alito refused to recuse himself, blaming his wife for flying the flags—“My wife is fond of flying flags. I am not,” he wrote—and suggesting that anyone who thinks he should recuse himself is “motivated by political or ideological considerations.”
And in what should almost certainly be read as trolling those who disagree with him, Alito, the author of the 2022 Dobbs v. Jackson Women’s Health Organization decision taking away from American women the right to make their own decisions about their healthcare, wrote: “[M]y wife is an independently minded private citizen. She makes her own decisions, and I honor her right to do so.”
Trump promptly congratulated Alito “for showing the INTELLIGENCE, COURAGE, and ‘GUTS’ to refuse stepping aside from making a decision on anything January 6th related.”
MAGA attacks on the rule of law affect real people’s lives. Ryan J. Reilly of NBC News reported today that after former Washington, D.C., Metropolitan Police officer Michael Fanone called Trump “authoritarian” with a “violence fetish” in front of the Manhattan courthouse yesterday, Fanone’s 78-year-old mother was swatted, with officers showing up at her home after reports of a murder there. Fanone protected the U.S. Capitol on January 6, 2021, and went into cardiac arrest after a rioter assaulted him with a stun gun. “This is the reality of going up against or challenging Donald Trump…. These swatting calls are incredibly f---ing dangerous, especially when the target is somebody like my mom.”
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Notes:
https://www.politico.com/news/2024/05/29/pennsylvania-2024-biden-trump-00160511
https://www.nytimes.com/2024/05/28/us/justice-alito-neighbors-stop-steal-flag.html
https://www.washingtonpost.com/documents/ae3feb5a-13a4-4f0f-9046-b61a530c40fb.pdf
Civil Discourse with Joyce Vance Instructing a JuryI warned you that this part would be excruciating. The Judge instructed the jury this morning, and they’ve got the case. Their first day of deliberating is finished. They’ve got questions. They’ll return tomorrow for more. This will continue until they either reach a verdict or advise the court that they are hopelessly deadlocked. We are nowhere close t…Read more12 hours ago · 1025 likes · 168 comments · Joyce VanceX:
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