National News Roundup: Week 9 (March 19–25)

What an incredibly weird week we just had — I’m not even sure what happened for half of it, though that might be because foreign policy is not generally my bag, professionally speaking. That said, I can glean enough to know that this past week was less of a Willy Wonka terrorboat and more of a Six Flags wild mouse, which some weeks is the best we can expect.

Standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I generally only summarize news in my area of expertise. As noted above, though, this week involves a fair amount of foreign policy news, which is outside my expertise as a legal generalist. But it is also important, so I hope folks are up for some offroad adventures! (They are signaled with asterisks, and I won’t be offended if you skip over them.) Also, I can’t claim to make this week’s news make sense even when it was within my area of expertise, though I’m happy to reap the benefits. Okay, onward to the news.

The Weird:

  • James Comey and the Hearing of No Secrets.* So James Comey went firmly on the record about all kinds of bonkers things at his hearing this week, noting that the FBI is investigating both Russian interference in the election and also the Trump campaign’s possible collusion with Russia in the election process (!). (He also said that there was no evidence of Obama tapping Trump Tower, but that feels like an afterthought in light of everything else going on.) The whole thing is admittedly a less interesting read than anything involving a basilisk, but consider reading his two sections of the hearing transcript anyway, because it kind of needs to be seen to be believed.
  • …wasn’t the weirdest intelligence news this week.* That honor belongs to Devin Nunes, who decided to go on record and claim Trump’s story about wiretapping was substantiated with zero evidence. He also bypassed the intelligence committee to go straight to Trump with the news, which he then defended with a half-hearted apology. Then McCain got in on the action to opine that Congress can no longer be trusted to have appropriate intelligence oversight, which was a fun thing to hear the same week Comey announced an investigation into collusion with Russia. Also, later Nunes went back on the story due to lack of evidence.
  • Collusion Betting Brackets.* No lie, I’ve started to see folks put together brackets betting on who is going to end up in prison for high crimes first — probably because there is just so much news on it this week. There’s the week’s latest Flynn bombshell, which involves more-or-less kidnapping enemies of the Turkish state for “covert extredition,” Stone’s knowledge of wikileaks in advance, and Manafort working to aid Putin, then volunteering to share what he knows (presumably in a bid to avoid imprisonment). Also, the leading Democrat on the intelligence committed indicated that he has information on Trump’s direct collusion with Russia, though there are no specifics on that though. Oh, and Flynn didn’t sign Trump’s ridiculous ethics pledge, which barely seems worth mentioning against this kind of larger backdrop.
  • Angela Merkel’s Infinite Patience.* This week’s ridiculousness involved Trump giving her an invoice for Germany’s use of NATO resources, despite the fact that a) Trump famously hates NATO for fun and profit, and b) as Merkel correctly notes, NATO doesn’t work that way. This also happened the same week that Tillerson snubbed NATO for China. Frankly, the only thing surprising about any of this is that Trump could remember what NATO was doing twelve years ago.
  • The Wacky World of the AHChoo Vote. This past week in healthcare was honestly pretty scary while it was happening, but now that it’s over it’s just a big ole bowl of schadenfreude flakes. Basically, both the ultra-conservative Freedom Caucus and more moderate Republicans refused to play ball, which continued throughout the week despite increasingly disturbing attempts to make the AHCA more to the Freedom Caucus’s liking (and Presidential threats regarding consequences). This was in part because constituents made their strong dislike of the bill known, which moderate House members realistically assessed as far more of a threat to their 2018 election prospects. The vote, which was originally scheduled for the seven-year anniversary of the ACA for spite reasons, got pushed back to Friday. Then Ryan pulled the vote on Friday because he didn’t have enough support for the bill to pass (and because Trump essentially made him), saying that “we’re going to be living with Obamacare for the foreseeable future.” And I’m just so broken up about that as a healthcare professional, let me tell you.
  • Gorsuch A Circus. The twenty-hour Gorsuch hearing took a far weirder set of twists and turns than expected, though predicted results are far more…well, predictable. Highlights include the Supreme Court of the United States issuing a decision on 10th circuit precedent during the hearing, Schumer unexpectedly pushing to filibuster, and Gorsuch calling 19th-century lawmakers ‘racists’. Mostly, though, this hearing was a three-day slog where Democrats tried to get an angle on Gorsuch and he didn’t give them one, and also people were generally still mad about Merrick Garland. That said, though, Schumer did ask to delay the vote in light of all of the bonkers collusion news going on elsewhere on the Hill.
  • “I’m President and You’re Not.” I bet you already know that this is a direct quote rather than parody, because by now we’re all used to the Toddler-in-Chief’s outrageous interviews. But, uh, this sure is a thing he said nonironically to TIME magazine this week.

The Bad:

  • Adjusting the Privacy Settings.* The Senate voted this week on repealing an Obama-era Internet privacy rule that went through along party lines — the resolution will pass privacy reins over from the FCC to the FTC and prohibit the FTC from creating the kind of stricter standards for Internet privacy that the FCC had created. The provision still needs to go through the House, though, so we’ll see what happens to it.
  • Brown Bear, What Do You See?* (I see a mean bill coming for me.) Okay, okay, theatrics aside, the Senate also voted this week to permit more aggressive hunting of predators such as bears and wolves in Alaska, permitting them to be hunted aerially and in proximity to their cubs. Unlike the first bill, this one has already passed in the House, which means it will be finalized if/when Trump signs it into law (which he’s expected to do sometime next week).
  • Electronics Travel Ban. Though the travel ban was slapped down last week, immigration experts can tell you that the unpleasantness is far from over. Trump put another travel restriction in place this week, this time specifically on what electronics can be brought aboard flights to and from eight Muslim-majority countries. The ban, however, only applies to foreign airlines, rather than U.S.-owned companies, which is prompting some media sources to speculate it’s not about terror at all.
  • Sanctuary Slamdown. The Department of Homeland Security put out their first report on sanctuary jurisdictions this week, which was a fascinating and informative read on multiple levels. It was issued around the same time that news outlets began reporting that ICE is targeting sanctuary jurisdictions, presumably as part of a two-pronged “embarrass and/or harass into compliance” campaign. (Note: Though Boston is listed in the third section of the report, there are still no reports coming in of ICE raids in this area.)
  • Supremacy Stabbing in NYC. A middle-aged man in New York City, Timothy Caughman, was fatally stabbed this week simply because he was black (and in the wrong place at the wrong time). We know this because the person who stabbed him turned himself into police and told them so. It’s honestly a pretty heartbreaking story, as well as a bellwether of the emboldened hatred this administration has fostered.
  • Your Weekly Authoritarian Recap. Amy Siskind continues to tell you what’s happening in Trump’s America, and this week was a particularly chaotic slog.

The Good:

  • North Carolina Checks Itself (Hopefully Pre-Wreckage). Remember how the governor of North Carolina refused to give up power, and then eventually dramatically stripped gubernatorial power for his successor on his way out the door? In what is apparently becoming the new normal process, the North Carolina high courts called foul on that this week. It’ll be interesting to see what happens next, as a practical matter — particularly because North Carolina has proven such an interesting testing ground in other ways.
  • Special Education win. Though it made the most headlines for its connection to Gorsuch, the case SCOTUS decided this week was fairly big news in its own right! The short version is that it confirms that all schools must provide a meaningful attempt to education children who need special education based on the individual children’s circumstances. This decision is likely to be particularly meaningful for children in public school as we see further changes to the entire system in the upcoming year, so I’m pretty excited about it.
  • They Started Using Singular They: The AP Stylebook is including use of the singular ‘they’ pronoun in its guide moving forward, which is an interesting change from a literary perspective.
  • Big Trucks and Healing Potions. Oh, and speaking of interesting literary devices, Trump also took a break from his busy ACA-killing schedule this week to take photos behind the wheel of a giant truck. Predictably, a new meme was born, and the Internet’s response was pure gold. Between that and the #GOPDnD trend on Twitter, it’s been a good week for memes. And I encourage you to lose yourself in them, because they are hilarious and you’re now done with this week’s news!

National News Roundup: Week 8 (March 12–18)

We were due for a good news week in the cycle, and this was a pretty good week — as long as Trump’s budget gets kicked to the curb and we don’t go to war with North Korea. So, you know, your mileage may vary.

Standard disclaimers still apply; I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. I may touch on news I think folks should know that is outside my area as a legal generalist, but if we undertake any offroad adventures I’ll do my best to signal that for you upfront by giving that headline an asterisk. Disclaimers over, let’s look at the poisoned apple pie served up this past week.

The Weird

  • Standard Microwaves Cannot Be Used As Spy Cameras. This appears to be news to Kellyanne Conway, who asserted otherwise in an interview on Sunday (which she said to support Trump’s assertions that Obama monitored Trump Tower, because of course she did). She claimed afterward that her words were taken out of context (and, somewhat incredibly, that she’s “not in the job of having evidence,” though that’s another story), but looking at the context makes it clear that they weren’t.
  • Remember Trump’s Taxes? Apparently investigative reporter David Cay Johnston had a copy of Trump’s tax return from 2005, but in the 90 minutes before Rachel Maddow could present it on her show, the White House released the 2005 tax return. This has been generally treated as great ado about nothing, as Trump’s taxes for this year were squeaky clean, but it demonstrates just how easily Trump could release this information if he wanted to. Also, how salty various news outlets collectively can be about cable news. Oh, we all learned the phrase ‘over-the-transom,’ so that’s a fun silver lining.
  • The Call Came From Inside (Russia’s) House. The Justice Department has issued criminal cyber charges against two Russian intelligence agents relating to the heist of 500 million Yahoo user accounts in 2014. The indicted FSB officers — Dmitry Dukuchaev and Igor Sushchin — are part of the cyber investigative arm of the FSB, which is officially responsible for investigating computer intrusions in Russia.
  • No, Really, Our Muslim Ban Is Not Anti-Muslim! The Trump administration’s revised travel ban has been blocked on two fronts (more about this in The Good) and the Justice Department has filed an appeal in an effort to salvage the ban. Sadly, no one yelled “SEE YOU IN COURT!” on twitter this time.
  • Hey Angela, Check Your Microwave. Trump tried to involve German Chancellor Angela Merkel in conversation about his wiretapping accusations against the Obama administration, referring to reports that the NSA had tapped Merkel’s phone in 2010. Wisely, Merkel ignored him.
  • But He Tapped My Wires! Really, I think this New York Times article says it best: “No matter how many officials, even in [Trump’s] own party, dismiss his unsubstantiated claim that President Barack Obama secretly tapped his phones last year, the White House made clear on Thursday that it would stand by the assertion.” Good luck with that.

The Bad

The Good

  • Congressional Budget Office Condemns the Trump-Ryan Healthcare Plan. According to the nonpartisan Congressional Budget Office, the Republican healthcare plan would add 24 million uninsured people by 2026. The White House maintains that the CBO’s assessment is wrong, but the unfavorable analysis has alarmed people and it barely squeaked through the Budget Committee (with three conservatives voting against it). So it continues to be an uphill road for everyone’s least favorite healthcare bill.
  • No Darkest Dutch Timeline. Unlike us, the Netherlands had the sense to avoid electing its dangerously fascist frontline candidates this past week, though some conservative candidates did win seats. So no darkest timeline over there, but maybe a vaguely dim one. Still, were I Dutch, I would consider it a win to avoid my own national Brexit or Trumpaganza.
  • Honolulu Judge Blocks Revised Travel Ban. The new Trump travel ban is just the old Trump travel ban with fancy shoes, so it presents more-or-less the same Constitutional violations. Hawaii sued accordingly, and a judge issued a restraining order to stay the travel ban nationwide. You can read the full ruling online, and particularly enjoy the part where the judge spanks this administration repeatedly with the Establishment Clause starting at page 30.
  • Republicans vs. Trump’s Budget. Nobody likes the discretionary spending budget the Trump administration drafted, and I pretty much mean nobody. In addition to uniform Democrat opposition, Congressional hawks want more spending at the Pentagon, while other conservatives hate the rural support programs getting cut. And nobody wants to pay for the freaking wall. Even Trump’s closest allies say this isn’t going to fly. Trump, meanwhile, called the budget “sensible and rational,” showing that he doesn’t know what either of those words mean and cannot work with his own party (but we knew that already). Obviously we need to keep tracking, but it’s ultimately appearing very unlikely that this will pass in its current form.
  • McDonald’s Hates Trump’s Tiny Hands. Well, probably it’s actually hackers who hate Trump’s tiny hands, given the aggressively neutral tweets usually put out by the account. But for twenty-five glorious minutes, this distinctly anti-Trump tweet was proudly pinned at the top of the McDonald’s twitter feed. Which probably annoyed the heck out of him, considering his long love affair with fast food.
  • About That Wiretapping… According to the bipartisan Senate Intelligence Committee, there’s no evidence that the US government ever had Trump Tower under surveillance. (Comey also repeated this today in his hearing, so it will be interesting to see what the administration does with that.)
  • Maryland Judge Also Blocks Revised Travel Ban. Per a judge in Maryland, when you go on record as saying your travel ban is anti-Muslim, it’s very hard to sound believable when you say your travel ban isn’t anti-Muslim. (The judge in Hawai’i noted this also.) The ruling supports the Honolulu decision, ultimately making it harder to enforce the travel ban without a SCOTUS decision. That said, as noted above, the first decision is being appealed, so we’ll see what ultimately happens with this round of Trump vs the Judiciary.

And one last bit of news I saw fit to print: I’m going to be out of town next weekend at a memorial service, so I won’t have a standard news summary for you. But I will send you some key headlines, and then we can get back to normal (for some definition of normal!) the following week. Take care until then, and don’t burn down the Internet in my absence, please!

National News Roundup: Week 7 (March 5–11)

Travel ban, ACHA, and Russia, oh my! Buckle in, y’all, because we had another bad news week right on schedule, and this one’s pretty much a Gish Gallop of awful. Standard disclaimers still apply; I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. I may touch on news I think folks should know that is outside my area as a legal generalist, but if we undertake any offroad adventures I’ll do my best to signal that for you upfront by giving that headline an asterisk. Okay, disclaimers over, and I’m sorry for what I’m about to do to your inbox.

The Weird

  • Sounds Nice where Pruitt Lives.* Perhaps this one goes in the ‘bad’ column, but I’m still having trouble wrapping my brain around the fact that it happened, so we’ll say it’s weird news instead — the head of the EPA went on the record as saying that “measuring with precision human activity on the climate is something very challenging to do” and as a result, he “would not agree that it’s a primary contributor to the global warming that we see.” He also said some strange things about carbon dioxide emissions, while he was at it. I have zero background in science, but even I can tell that Pruitt is clearly not inhabiting the same reality the rest of us. It sounds nice where he is, though.
  • SCOTUS Punts on Opining re: Trans Inclusion in Schools. Okay, admittedly this isn’t actually that weird, but SCOTUS sent a case about whether a seventeen-year-old could use a boy’s bathroom in his school back down to the circuit courts again. The case posture had been influenced by the guidance just withdrawn by Sessions, so it’s not surprising that it went back down. Hopefully we’ll hear more soon.
  • Don’t Buy Any Conestoga Wagons from Ben Carson. Ben Carson made the news in his first week, which surprisingly was not due to running HUD into the ground. Instead, folks focused on statements he made comparing slave transport by cargo ship to opportunistic immigration. Then he doubled down, so that was fun. And that’s about it for the weird news, because it’s really just terrible turtles all the way down.

The Bad

  • AHCA (and other signs of illness). Well, the GOP revealed their new healthcare plan this week, and it’s no wonder that they kept it under lock and key — it’s a half-baked hodgepodge of terrible. The bill has caused significant strife within the Republican party, which is about the best thing I can say for it; some (like Senator Murkowski, for example) are concerned that the medicaid changes will leave their constituents high and dry, while others (like Senator Rand) are angry that the bill doesn’t go far enough. That said, it still passed through the Ways and Means committee in the middle of the night, so it’s sitting with the Budget committee now. Early analyses seem to agree that the bill will cause huge gaps in coverage and tank risk pools (which this surprisingly good infographic does a good job of explaining concretely); it also inexplicably contains several tax cuts that only impact wealthy Americans. You can read the text here, but it’s a long and miserable slog, so if you like yourself and don’t work in healthcare I’m not sure I would recommend it. This short-form summary hits most of the highlights, and this excellent lengthy summary goes provision-by-provision (and if you’re feeling snarky, this op-ed is a good, if slanted, summary as well). For now, be aware that most of the proposed changes (with the exception of the final tax credits provision and a few others) were in the plan outlined by Ryan a week or two ago.
  • Anti-Missile Mayhem*. We deployed an anti-missile program in South Korea this week, which landed us in some hot water with China. But this administration seems preternaturally good at wriggling out of incidents with China, so hopefully that will happen again?
  • Budget Cuts Ahoy. The growing list of things this administration is threatening to cut billions of funding from now includes both HUD and the National Guard, because apparently we don’t need either of those things as much as we need an expensive Great Wall of Mexico. Both of those articles make me want to throw plates at my walls, by the way, so read at your own risk — but neither plan has been finalized yet, so there’s still time to try to get them changed (which I suppose is a silver lining of sorts).
  • The Russian Plots Thicken. Honestly, if this were a movie I would say we have too many plotlines going at once — the plots haven’t so much thickened as cemented in the pan because they were left on the stove way, way too long. This week we learned that Trump met directly with Kislyak on the campaign trail, though he suffered the same amnesia afterward as the rest of his team (and can I just say, Kislyak must be the most forgettable ambassador on the planet). Apparently they discussed working together on addressing Syria, which definitely isn’t disturbing at all. Also, Trump and friends continue to claim he was being wiretapped by Obama (and we’re all already tired of the phrase “deep state”), which Comey officially asked the Justice Department to reject. Leading up the rear, the FBI is still investigating Trump’s ties to Russia, which apparently has reached a “new stage of investigation” (whatever that means). Oh, and Flynn apparently came out this week as a Turkish foreign agent. No, really. Kind of recontextualizes those “Lock Her Up!” chants he led, doesn’t it?
  • Sessions Cleans House. Sessions abruptly ordered all remaining U.S. Attorneys who were hired under the Obama administration to resign on Friday. I’m sure this definitely has nothing to do with last week’s recusal or numerous calls for his own resignation because he perjured himself in his confirmation hearing.
  • Travel Ban Redux. Trump signed a new executive order this week intended to put the travel ban back in place. The new version is basically a Diet Coke version of the original executive order — mostly the same provisions, with some of the most consequence-laden elements removed — and there are already several suits being brought about it.
  • Privatized Prison Party is Still the Worst Party. The FCC reversed course on a fifteen-year effort to cap the costs of phone calls in federal prisons, making it harder for people to afford conversations with family members being held. The Nexus-run company ‘Libre’ was also in the news, because its privatized GPS system is alleged to be causing confusion at best and outright fraud at worst among immigration detainees.
  • Autocratic State of the Nation. Amy Siskind’s weekly authoritarianism watch review is a miserable, scary slog this week, but you should read it anyway.

The Good

  • SCOTUS and Racial Bias. The Supreme Court may have punted on the issue of trans inclusion, but they did issue an opinion on whether racial bias can taint jury deliberations (spoiler: it can). The vote was 5–3, which means it created precedent despite the even number of justices, and can be cited in later cases. It’s an interesting case and a surprising decision, and after this week I’ll definitely take it.
  • Correspondence with Guest Costars. A political correspondent in South Korea made news this week because of his adorable surprise guests. It’s a pretty great video, and you should go watch it — now that we’ve reached the end of the news we can all probably use a nice unicorn chaser.

National News Roundup: Week 5 (February 19–25)

Well, two weeks ago we had the good news week, and last week we had the weird news week… I’m afraid things have come full circle, and now we’ve arrived at the bad news week. I’ll do my best to keep it digestible, but this week’s news is… pretty bad (though it’s also important, so I recommend reading it carefully). You might want to get some cookies, baked goods, or adult beverages of your choice, Gentle Reader. The news and I will hold your spot until you get back.

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Okay, are you well-stocked and ready? Let’s get this show on the road. Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. I may touch on news I think folks should know that is outside my area as a legal generalist, but if we undertake any offroad adventures I’ll do my best to signal that for you upfront by giving that headline an asterisk. Okay, warning label over. Onward to the news!

The Weird:

  • ‘Last Night in Sweden’…nothing happened. Trump confused the entire nation this past week by making up a reference to terrorist activity in Sweden, which Sweden wasted no time in soundly refuting. Then, just to ice the cake, Trump admitted he actually got the whole thing from Fox News. So, that happened. Or didn’t, more accurately. Also, and on a related note, the Washington Post published some data indicating that Trump has publicly uttered at least falsehood every single day since he assumed the Presidency.
  • Sessions 1, DeVos 0. In a surprising turn of events, Betsy DeVos originally refused to cooperate with Sessions, and then Trump, on their efforts to hurt transgender kids. She ultimately capitulated, when presented with the option of either giving in or resigning. But it was a very strange half a day of grudging respect for her, I don’t mind telling you.
  • Put Me In, Prez! One of the weirder policy decisions from this administration — and this is saying something — is that Trump hasn’t been using the Secretary of State very much to set foreign policy, a fact that is starting to receive media attention. Instead, Kushner, Bannon, and Priebus have been attending meetings, prompting folks to start talking about a “shadow cabinet” (and I can’t even imagine how weird those meetings must be for everyone involved.). But Tillerson did get sent to Mexico for talks this week, with a Kelly-shaped chaperone. I don’t know about you, but I would not watch that installment of the Weekend at Bernie’s franchise.
  • Trump vs the Press, Round 2304203402. The latest in Trump’s ongoing battle with the free press is diminished access to press conferences, with the White House handpicking a “gaggle” of reporters who were allowed to receive their (fake) news without any cameras present. The organizations allowed access included Breitbart (of course), Fox News, and the Wall Street Journal. Organizations explicitly denied access included the Huffington Post, the New York Times, Politico, and CNN. The Associated Press and Time magazine were granted access, but refused to proceed once they learned their colleagues were being screened out. The Washington Post, in a fit of prescience, didn’t even bother to show up.

The Bad:

  • Sessions Trumps Trans Students. As eluded to above, the White House withdrew guidance issued by the Obama administration this week, apparently at Sessions urging, that standardized inclusion of trans kids in public restrooms at schools. The administration leaves the question up to the states — because civil rights are a great thing to put up to a majority vote — and several states and cities have already issued statements that they will continue inclusive practices. That said, presumably several states are also quietly dismantling protections as I write this, and trans communities around the nation can expect to see fallout from the change.
  • The House Continues to Issue Bonkers Bills. The latest gem to have added text is a provision terminating the Department of Education. Presumably nobody consulted Betsy DeVos about this one, either.
  • Pence Handmaiden’s Tale Bingo Continues. Most of the recent efforts have been state legislation rather than federal, but the last week or two has not been great on this front. Between a Utah representative saying that equal pay was bad for families, an Oklahoma legislator calling pregnant women ‘hosts,’ and leaked provisions to defund Planned Parenthood while appealing the Affordable Care Act, it has not been a great week for feminist issues.
  • Delete Uber (again). Uber is yet again in hot water for appalling business practices, this time involving sexual harassment and hostile work environment. Apparently it’s not a very pleasant place to work if you are female and conventionally attractive. Who could have seen that revelation coming.
  • Pruitt’s Completely Surprising Friendship with Fossil Fuel. On a similar level of shocking revelation, some information about our new EPA head’s inappropriately chummy relationship to the fossil fuel industry as AG of Oklahoma came out this week. There’s not much to be done about it now, as far as I can tell, but it’s not exactly heartening.
  • Executive Order Memoranda Abound. The Department of Homeland Security put out clarifying memoranda on the two immigration orders still being enforced. The memoranda say more-or-less what we expected, but it still wasn’t fun to read. Also, some of the provisions in there about raids and enforcement in “sensitive areas” such as hospitals are… evidently not being followed, shall we say?
  • Jewish Boiling Point. Ten more JCCs received bomb threats this past week, and a major Jewish cemetery in St Louis saw desecration of nearly 200 graves. The ADL received a bomb threat this week, too. Trump eventually made a statement, which the Anne Frank Center immediately decried as a ‘pathetic asterisk of condescension,’ among other things. The Trump administration responded in true-to-form classy fashion. I responded also, though with considerably less blaming other people.
  • Two dead from racist shooting in Kansas. I don’t have it in me to come up with a snarky headline for this one — two men of Indian descent in Kansas were fatally shot by a racist perpetrator who thought they were Middle Eastern, and apparently yelled “Get out of my country!” while shooting them. About the best thing I can say about the entire affair is that two more people who were shot are recovering, and one of them was a random twenty-four-year-old who was not being targeted but attempted to physically subdue the shooter.
  • Federal Private Prisons Again Open for Business. AG Sessions rescinded an order from the Obama administration phasing out private federal prisons. I have to admit, I’m kind of vaguely impressed by how quickly and efficiently Sessions uses his position to stomp on civil and human rights. I guess he has a lot of prior practice.
  • Standing Rock No Longer Standing. The Standing Rock camp was razed to the ground this week, after the Trump administration gave the official all-clear to proceed forward. It culminated in 46 people being arrested, and several people reported tipis being cut open with knives and participants being threatened with rifles.
  • Autocratic State of the Nation. As always, here is the link to Amy Siskind’s weekly authoritarianism watch review. Some, but not all, of her work is reproduced here, and I recommend checking out her list.
  • CPAC Horror Show. Some truly horrifying things were said at the Conservative Political Action Conference this week. For one thing, Trump called his immigration enforcement machine ‘a military operation,’ leaving a scrambling Kelly to contradict him in talks with Mexico (and making me even more certain that the National Guard headline from last week was an intentional fake-out). But the real headliner was that Bannon straight-up acknowledged that this administration wants to gut the administrative bodies of the executive branch, noting that “[T]hese Cabinet nominees . . . were selected for a reason, and that is deconstruction.” In other words, you know how everybody kept saying that the three requirements for a Cabinet nomination were that you had to be rich, you had to be conservative, and you had to hate the administration you were being nominated to lead? Bannon just directly told us that theory was true. (Also, he kept calling the media ‘the opposition party,’ but that hardly seems noteworthy by this point.) Oh, but Richard Spencer got ejected for being subversive on the same day, proving that irony is not in fact dead.

The Good:

  • Milo and POTUS (Together Basically Never Again). In a somewhat darkly amusing turn of events, Milo Yiannopoulos was uninvited from… basically everything this week, from CPAC to Breitbart to his book deal, because of some comments he made regarding pedophilia of young boys.
  • Refugees Welcome (by some of us). Activists managed to hang a three-foot-high ‘Refugees Welcome’ banner on the Statue of Liberty this week, which is kind of impressive in its own right. The act was illegal, and U.S. State Park police are ostensibly working on apprehending somebody. Also on the subject of illegal asylum, Trudeau announced this week that he won’t halt the practice of accepting asylees who illegally enter Canada.
  • We Obamacare. Okay, fine, I shamelessly stole that pun from a protest sign yesterday, but that doesn’t change the fact that national support for the Affordable Care Act is increasing, which we’re also seeing play out as increased obstruction to repeal in both the House and Senate. Also, Boehner went on the record as saying that he doesn’t think a full repeal of the ACA is going to happen. Perhaps this is why Marc Rubio was caught lying to get out of town hall meetings this week on the topic, as his colleagues find it a difficult topic to address with constituents.
  • One-week Travel Ban Reprieve. The new travel ban that Trump claimed would be out this week was not issued, although we did receive indication that it will target the same seven countries as the old one. It will probably happen this upcoming week, but in the short term I’ll just be happy for small miracles.
  • Maybe We Can Move There?* Scientists discovered seven planets they describe as ‘Earthlike’ circling a nearby star. The ‘seven wonders,’ as NASA called them, are thirty-nine light years away and orbiting an ultra-cool dwarf (which I presume is a technical term) called TRAPPIST-1. I don’t know about you, but I’d consider the trip.
  • The DNC’s First Ever Latino Leader. The Democratic National Committee elected former Secretary of Labor Thomas Perez as the new Chairperson yesterday, in a vote so close they had to do it twice. Perez immediately made Keith Ellison, his neck-and-neck rival, into the deputy chairperson. Ellison urged people to accept Perez as a leader, noting that we “don’t have the luxury to walk out of this room divided.” Though I would have loved to see Ellison as the Chairperson, I happen to agree with him, and I wrote a similar message to Jewish Americans earlier today.
  • The Washington Post is More Metal Than Several Metal Albums. The Washington Post recently changed its motto to “Democracy Dies in Darkness” (for real — I can personally verify that it now appears as a tagline when you sign in to read articles). Perhaps impressed by how awesome this is, Slate wrote an article comparing the motto to fifteen different metal albums. There are some good albums in there, and you’re also now done with this week’s news, so if you like metal I recommend you go check it out!

Ellison, Dershowitz, and the Jewish American Iceberg

Hi there, fellow American Jews. It’s been a chaotic couple of months for us nationally, hasn’t it? Sixty-nine bomb threats at Jewish Community Centers in 27 states, the desecration of almost 200 graves at a St Louis cemetery, Trump’s meeting with Netanyahu last week and all the confusion that came along with it, his inappropriate response to a Jewish reporter questioning his lack of engagement…it kind of overshadows a lot of other things going on.

Basically, what I am saying here is… can we talk? I think it’s past time that we did. (And if you’re not an American Jewish person, dear reader, you are still more than welcome to listen in on the conversation.)

I know I just listed a lot of things, so let’s pick a concrete example in the recent news to focus on. Since it just happened, how about we talk about Keith Ellison and the Democratic National Committee?

For those of you just joining in, Keith Ellison is the first Muslim person to be elected to U.S. Congress. He was one of two frontrunners to become the next chairperson of the Democratic National Committee, along with former labor secretary Thomas Perez. He lost to former Secretary Perez in the second round of voting on February 25, at least in part due to high-profile Jewish establishment opposition: the Anti-Defamation League had been opposing his nomination since November; prominent Democratic members such as Alan Dershowitz threatened to leave the party if Ellison was elected; major donor Haim Saban called him anti-Semitic and anti-Israel. This opposition was based largely on statements made in a 2010 speech about U.S. foreign policy in the middle east and on shaky evidence that Ellison had been previously involved with the Nation of Islam. Perhaps because of this bitter opposition to EIllison, Perez wasted no time in making him deputy chair, and Ellison similarly wasted no time on asking people to accept Perez’s legitimacy. I think we’re all hoping to avoid the bitter Bernie holdouts that plagued the 2016 election.

We need to talk about Keith Ellison, and the National Democratic Committee, in the same breath as the conversation about all the antisemitic incidents I listed above — because these facts taken together represent the visible tip of a much uglier iceberg, and if we’re not careful we’re all gonna crash on it. To unpack this particular snarl of ice and nastiness, we’re going to need some history lessons in their own right. I’ll do my best to be a good tour guide, if you’ll follow me through this corridor…

Some Facts about Jewish Americans

I’ll start you off gently; let’s talk a moment about the ADL and Dershowitz part of the above equation — and to do that, we have to talk about American Jewish history.

The History Lesson

Though history of the American Jewish experience is by no means perfect, it’s no secret that American Jews historically enjoyed much more freedom and assimilation than many of their European counterparts. There is certainly a history of antisemitism among both the general population and prominent figures in the United States — Henry Ford and Walt Disney spring to mind — but there is no history of organized hateful action. We have no history of pogroms in the United States. Outside of the noted story of Leo Frank, we have very little history of Jewish lynching in general, and certainly not the extensive history of other marginalized populations. We also have absolutely no American experience of widespread systemic governmental discrimination like that of the Nuremberg Laws, let alone the ethnic cleansing these laws helped create. Prior to this past year, for the most part, Ashkenazi Jews were simply treated as part of the white landscape.

Nothing illustrates this stark difference in experience more than World War II. World War II was not a great time to be an American Jew; the United States was not very willing to assist refugees and antisemitic sentiment was rampant. But, fundamentally, the same basic populations were systemically murdered on a racial basis in one Western civilization and merely a disliked scapegoat in the other. Confusing issues further, after the war European refugees of the Holocaust resettled in America, adding to a larger Jewish awareness of antisemitic horrors that claimed millions of lives on foreign soil.

The Implications

This disparate history places the American Jewish consciousness in a strange heisenstate, which contextualizes both Alan Dershowitz (or, to cite a more extreme example, Jonathan Greenblatt) on one side and Jewish Ellison supporters like Bernie Sanders and Chuck Schumer on the other. It also partially contextualizes Breitbart’s strange love affair with Israel and the pro-zionist alt-right generally, though that’s a whole other kettle of fish and we could be here dissecting it all day. In short, American Jewish culture both partially integrates into American white culture and remembers a phantom specter of genocide at the same time, which means it can leverage very real racial privilege to respond to perceived racial trauma. When that leverage is applied to a messy Zionist context, we start to see Democratic attacks like those against Ellison.

Some Facts about Muslim Americans

Now let’s talk about Ellison, and to do that, we need to return to one of the basic facts above: Representative Ellison is the first Muslim person to serve as a U.S. Congressperson.

The History Lesson

The Constitutional Congress as we know it today was created in 1789. Ellison was first elected to Congress in 2006. In other words, we went nearly 225 years as a country before we elected a single Muslim person to serve as a representative. The first documented Muslims in America were brought over on slave ships, and Muslim American communities have existed for hundreds of years — though communities of practicing Muslims have grown considerably in the last century, they are by no means new. So why did it take so long to have a Muslim representative?

American Muslims are an extremely diverse group, making up many different populations, but members of this group have a lengthy history of experiencing oppression and marginalization in the United States spanning centuries, especially as it connects to the American history of Black subjugation — from the populations brought over as slaves to the role of Islam in black nationalism in the twentieth century. More recently, in the wake of 9/11, Muslim Americans also experienced forced registration under NSEERs, a dramatic increase in hate crimes, and a whole other host of other forms of marginalization. These things don’t exactly make it easy to get national representation.

The Implications

The very history noted above makes Islam a unique faith among Abrahamic religions — it has been associated for centuries with American persecution, enslavement, and suffering. It is probably not a stretch or an exaggeration to say that the American Muslim experience generally, and the Black Muslim experience in specific, mirror the Jewish experience in Europe much more closely than our Jewish experience in America. While American Muslims certainly don’t have a corner on American persecution, the intersection of religion and race is a toxic combination in the hands of white supremacy — as well we know from the Holocaust — and there’s very little quarter to be found right now. This population has both greater need and less entrenchment than Jewish populations do, and those two things are related.

Some Facts about the Iceberg

Okay, so let’s tie all this back to the current political climate.

The History Lesson

It’s becoming axiomatic to compare Trump’s America to Nazi Germany — but if we’re drawing a direct parallel, American Jews aren’t playing the role of the Jewish people in Europe; that honor belongs to Muslims living in America, and Muslim immigrant populations specifically. (Although other immigrant populations are experiencing a close second place.) Ellison got in trouble for comparing 9/11 to the Reichstach Fire, but the past few months have proven the comparison fairly apt, especially as we navigate threats of a renewed registry, a draconic travel ban, and aggressive deportation practices. This is a deeply frightening time to be a Muslim person living in America.

If we extend that metaphor further, the DNC’s obnoxious squabbling starts to look an awful lot like the German political stage circa November 1932, when a unified front probably could have stopped Hitler but instead political intrigue ended free elections for almost two decades. (I know, I know, the Reichstach Fire was actually shortly after that election, but roll with it for now.) Ellison was right to try to bring his supporters into the fold as quickly as possible, and I respect the language he used — infighting is a luxury and we don’t have it anymore. We’re currently experiencing frightening regressions or attacks on so many fronts — immigration policies, LGBT civil rights, healthcare rights, reproductive rights, environmental protections, humanitarian efforts abroad, both the arts and the sciences… the list goes on and on and on. Regardless of who would have made the best Chairperson/President/Supreme Mugwump/roller derbiest, we need a solid coalition or people are going to start dying. (Though, for the record, I do think Perez will make a pretty good Chairperson.) Fortunately for Alan Dershowitz, that leader did not turn out to be Ellison. But if it had been, walking away is a luxury he would not have been able to afford — him, personally, to say nothing of America — and we need to talk about why.

The Implications (for American Jews)

I am safe to walk away from the Democrats, I can hear the Alan Dershowitzes of the country privately saying, because this administration loves Israel so much. Because Jared Kushner and Ivanka Trump observe Shabbat and have the direct ear of the President. Dershowitz, and others like him, believe the Republican party would still welcome him despite its new marriage to the alt-right, and he believes they have his back more than Democrats supporting Muslim Americans do.

But Kushner and Ivanka’s roles are themselves nothing new; Jewish people have enjoyed complex relationships with power at many points even in European history, including the Holocaust itself, and the presence of a couple of Schultzjuden in the administration does not make all Jewish people safe. But, more to the point, it’s dangerous to equate Zionism with Jewish interest, and it’s equally dangerous to equate any anti-Israel sentiment with antisemitism. Breitbart and other alt-right voices have their own, complex reasons for embracing Zionism, and they don’t include a deep love of the Jewish people. Similarly, Jews may not be primary targets but that doesn’t make white supremacists view them as white; recent bomb threats and grave desecration are evidence enough of that. And Ivanka might have her father’s ear, but that doesn’t stop him from obstreperously yelling at Jewish people instead of answering questions when asked directly about said bomb threats. This administration put out statements on Holocaust Remembrance Day that amounted to Holocaust denial. I think we can safely assume they aren’t out to learn from it.

Like it or not, Jewish people are not going to be viewed by a fascist America as acceptable — we know from World War II that in times of strife, we might not be outright attacked but nor do we get welcomed at the local country club. I remind you of an important factor in the Third Reich: that primary targets were not sole targets; though racially motivated genocide caused the deaths of millions of Jewish and Romani people, the Third Reich also went after Jehovah’s Witnesses, Communists, chronically disabled and sick people, homosexual people, political prisoners… this list goes on and on, too. Zionism does not make us loved. Islamophobia does not make us safe. The presence of a few protected Jewish individuals does not make us an us to people who make almost everyone a them.

In an ideal world, I would want my fellow American Jews to stand against this administration because it is the morally right thing to do; because we remember the six million and we mean it when we say never again. I would want us to unite under one intersectional banner because our fellow humans need us, and we’re not the primary target but we support those who are. This is certainly my personal philosophy, and I think it’s a good one. But if we can’t bring ourselves to embrace altruistic protection of fellow humans, we should at least acknowledge our true status, avoid the false comfort granted by a history of assimilation, and be thinking about saving our own skins. We need to be building coalitions, because there’s no real alternative party for us to join.

National News Roundup: Week 4 (February 12–18)

I’ve been corralling the news into neat little paragraphs for about a month now, and I’m here to tell you, this past week is definitely the weirdest week of news we’ve had yet. Seriously. Between Trump declaring war on the public press, Trudeau explaining quantum computers, Flynngate (or should that be Flynn-a-lago?), and the Russian sub spottings on the eastern coast, writing the recap this week feels a bit like playing Surrealist Bingo. And I didn’t even win anything.

The stock reminders: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. I may touch on news I think folks should know that is outside my area as a legal generalist, but if we undertake any offroad adventures I’ll do my best to signal that for you upfront by giving that headline an asterisk. Okay, warning label over. Onward to the news.

The Weird

The Bad

  • More on ICE. Several more ICE headlines happened this week; a DREAMer on the DACA list was picked up as a collateral arrest in one of the raids, and in Texas an alleged abuser tipped off ICE and got the undocumented survivor picked up halfway through the hearing for the restraining order against him. Also, numbers from last week’s raids have come out, and ICE picked up and detained an estimated 600 people total in one week.
  • Prosecutor, Recuse Thyself. Sessions is refusing to recuse himself on the Russian investigation, which he’s technically allowed to do (but it’s incredibly ill-advised and tacky). Democrats are putting increasing pressure on him, as the article notes, and we’ll see if it gets us anywhere.
  • The National Guard Shouldn’t Be This Scary. There was a leaked memo this week that discussed using the National Guard to round up undocumented immigrants in eleven states. The document was signed by Secretary Kelly, but the White House distanced itself from the memo (although it did say it might consider authorizing this kind of expansion in the future). Personally, I’m not convinced the entire thing wasn’t an intentional leak to terrorize immigrant populations, but either way, it sounds like we can put this particular rumor to rest for the moment.
  • Budget Woes (for Everyone But Trump). Trump’s incredibly petty and asinine plan to cut the budget for all relatively cheap things that bring people joy or safety in life saw forward movement this week, because Trump’s pick for budget director was confirmed by the senate. (And lest you think I’m being overly dramatic, things on the chopping block include Sesame Street, the National Endowment for the Arts, National Endowment for the Humanities, legal services funds, Violence Against Women grants, Americorps funds, and several other human interest streams of funding that individually make up 0.003% of the national budget or less.)
  • Ryancare, um …doesn’t. Republicans finally offered a policy brief of a plan to replace the Affordable Care Act this week, with Paul Ryan’s “A Better Way” proposal leading the charge, and surprise surprise, it leaves a lot of indigent people out in the cold as well as potentially revamping Medicaid itself. As expected, the plan outline places heavy emphasis on health savings accounts (which essentially require the participant to fund their own coverage, albeit tax-free); it also proposes use of tax credits by age instead of income (which many indigent people can’t use), federal financing for medicaid on a per capita basis, and a lot of provisions that essentially leave structure decisions to the states. It’s not an exaggeration to say that the plan more-or-less guts many of the intended purposes of the Affordable Care Act; it’s much more concerned with driving down government costs than treating healthcare as a basic necessity. And honestly, I don’t even see a lot of evidence that this will drive health care costs down generally; it just shifts who ultimately is responsible for them back onto the consumer. Speaking as someone who works with a department of a safety net hospital, I honestly felt gross reading the primary source linked above, and I recommend starting with the second link if you aren’t up for swallowing a bunch of Republican propaganda.
  • Autocratic State of the Nation. As always, here is the link to Amy Siskind’s weekly authoritarianism watch review. Some, but not all, of her work is reproduced here, and I recommend checking out her list.
  • Checking the Cabinet: Pruitt was confirmed as head of the Environmental Protection Agency, despite literally having suits against the agency pending right now (booooo). Mnuchin was confirmed by a narrow margin as well. As noted above, Mulvaney was confirmed as budget director. Bizarrely, I have no other bad cabinet news from this week, in large part because…

The Good

  • Puzder and Department of Labor NoTP: Apparently sufficiently few people wanted the Labor Department to be a gross, sexist extension of Hardee’s that Puzder withdrew his nomination this week. Trump ended up putting forward Alexander Acosta, a surprisingly competent and notably not-anti-labor choice, as his replacement nomination, which obviously has not yet been voted upon by committee.
  • Out Like Flynn. I know, I know, I used the same terrible play on words two weeks in a row. But I presumably will never do it again, because Flynn resigned this past week! Right after I sent out last week’s recap, annoyingly enough. There is a now a short list of three people Trump might call on to replace him, which no longer includes former General Petraeus.
  • A Day Without Immigrants. Restaurants in cities throughout the country shut down on Thursday to show denizens “a day without immigrants.” Though ultimately industry response to the protest was mixed, here in Boston a large number of restaurants put out statements in support of the movement.
  • Justin Trudeau Explains Quantum Computing. Arguably not really national news, but still worth the price of admission. Think of it as your reward for making it through this roundup, because you’ve now read all the news that was fit to print!

National News Roundup: Week 3 (February 5–11)

Some great stuff happened this week! Admittedly, also some not-so-great stuff. But all in all, there’s a lot more positive news this week than there have been in previous weeks, so I’ll take it! Also, I went a little overboard with the alliteration this week — sorry I’m not more sorry about that. The news is also a little late this week on account of a sinus infection laying me low yesterday, and that part I am sorry about.

As always, we start with the stock reminders: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. I may touch on news I think folks should know that is outside my area as a legal generalist, but if we undertake any offroad adventures I’ll do my best to signal that for you upfront by giving that headline an asterisk. Okay, warning label over. Onward to the news!

The Weird

  • Trump vs. the Media, Round ???: I’m already tired of saying “I can’’t believe I’m not making this up” when it comes to Trump and the media, but here we go again. First Trump famously claimed on Monday that the media was covering up terrorist attacks for their own gain. The White House then doubled down with a list of terrorist attacks that had been underreported, and about half the list involved zero deaths. The same day, incidentally, Trump also literally said that “any negative polls” about the immigration ban are “fake news.” White House official Sebastian Gorka followed up by explaining that “until the media understands how wrong it is [to “attack a duly elected President in the second week of his term”], we are going to continue to say, ‘fake news.’” In other words, “exercising your First Amendment right to critique our President now makes the President of the United States tell everybody on Twitter that you’re fake news.” Yup, that sure is a thing I had to write. Welcome to the Trump Administration.
  • Nordstrom (Accidentally) Takes On The World: The unfolding saga of Nordstrom, Ivanka Trump, and Half the Current Administration would be the stuff of soap operas, if soap operas were also running the country. I’ve already written some about it, but the very short version is that Nordstrom dropped Ivanka’s line of clothing and accessories and the Trump Machine was not happy about it. Oh, and also, Nordstrom’s stock climbed more than 4% afterwards, so make of that what you will.
  • Mitch McConnell Misstep: Mitch McConnell accidentally created a new liberal meme this past week when he cut short Elizabeth Warren’s reading of Coretta Scott King’s letter to Strom Thurmond during the Sessions debate. McConnell relied on a senate session rule regarding decorum towards senators to shut her down (though the letter was ultimately read into the record anyway by multiple male liberal counterparts). After being banned from the debate, Warren took to twitter, where she was quickly hailed as a feminist hero. I put this news in “the weird,” rather than either “the good” or “the bad,” because McConnell lionizing Warren like that was such a rookie mistake that I’m still scratching my head over it.
  • Ethics EO Evades Ethics Edict*: (Try saying that ten times fast!) Very early last week, Trump issued an EO about strengthening ethical commitments of executive branch employees. I put off discussing it because I wanted to check some anomalies I spotted when I compared it to Obama’s similar EO — it looked like it was giving lobbyists permission to immediately work in the executive branch, which to my knowledge had not been previously permissible, and also cited provisions I wasn’t familiar with. It turns out that I don’t need to look that up after all, because Pro Publica has helpfully laid all of it out for us this week. It’s an interesting insight into what is usually a dry topic, and I recommend checking it out!

The Bad

  • Papers Please: ICE conducted raids in at least six states this past week, creating checkpoints, entering homes, stopping at work places, and generally terrifying immigrant populations. The raids have already resulted in the detention of hundreds of people across the U.S. This is likely the beginning of enforcement of one of the President’s less focused-on executive orders, which largely targeted undocumented populations. I wrote a bit yesterday about the history of immigration raids under George W. Bush, and many immigration organizations have excellent reading materials on this topic.
  • Blue Lives Matter: Trump signed three executive orders this week, all relating back to crime or assault on police officers in some way. I plan to write more about them sometime this week, since they are all well within my wheelhouse — I had hoped to have this done before now, actually, but being ill derailed my plan to yesterday. At any rate, this administration would like you to know that they Value Law and Order and Blue Lives Matter. And a group of over 175 police chiefs and prosecutors would in turn like you to know that This Administration’s EOs Are Poorly Constructed (No, really; they issued a report and everything. It contains phrases like “antiquated law enforcement tools” and “risks wasting taxpayer money” and “law enforcement officers are not mental health or addiction professionals.” It’s surprisingly great, go read it.).
  • No Way In*: Yemen has withdrawn U.S. permission to run ground raids after last week’s botched attempt. It’s unclear whether this is tied to the immigration ban or not, because last week’s raid would presumably be reason enough all by itself. It’s also unclear what, if anything, the U.S. government will do with this information.
  • In (Hot Water) Like Flynn*: National security adviser Michael Flynn is in pretty hot water right now for discussing Obama’s sanctions with Russian ambassador Sergey Kislyak, which would be illegal although also hard to prosecute. For bonus funtimes, Flynn reported to Pence multiple times that he had not disclosed this information when meeting with Kislyak, which prompted Pence to report that the topic had not been discussed as well. Even worse, former acting A.G. Sally Yates apparently tried to warn the administration about this before she was dismissed, and it remains an open question whether anyone else (besides Pence, who everyone agrees was straight-up lied to) was in on this. No action has been taken by the administration to dismiss Flynn from his position, which doesn’t exactly help the administration’s credibility on this issue. In related news, CNN has also corroborated some of that infamous dossier, including some of the information that led to the sanctions in the first place.
  • Checking the Cabinet: There were some more Cabinet appointments this week, and none of them are what I would call “good for the agency involved.” Betsy DeVos just barely squeaked through her confirmation vote and is now our Secretary of Education, though Senators voted 50/50 and Pence had to cast the tie-breaking vote. Jeff Sessions was confirmed as Attorney General as well, though his vote was almost as close (at 52 to 47, and for those of you who are doing the math in your head right now, yes, that does mean that a Democrat voted for Sessions — Joe Manchin, from West Virginia.). Tom Price was confirmed as Secretary of Health and Human Services, also by a 52–47 vote.
  • Autocratic State of the Nation: As always, here is the Amy Siskind link to Your Week in Authoritarianism. Some, but not all, of her work is reproduced here. I recommend checking out her summary as well — she has a broader scope of political expertise than I do by far.

The Good

  • 9th Circuit Showdown: The Ninth Circuit heard a challenge to the stay of the immigration ban this week, after the Justice Department challenged last week’s District Court order from Seattle, which granted a temporary restraining order enjoining the executive branch from enforcing the travel ban while the court decided its constitutionality. In response to the government filing its appeal, literally hundreds of people filed amicus briefs supporting the stay of the ban, including tech companies, law professors, diplomats, and national security officials. The Ninth Circuit unanimously decided to leave the stay in place, stating that the federal government had not made its case for a suspending the restraining order. Though the scope of the holding was narrow — it only applies to a procedural question about whether the TRO remains while the District Court decides the underlying case — it’s still extremely exciting to confirm that the ban will remain on hold for now.
  • The Road to Impeachment Begins with a Single Step: House Representative Jerrod Nadler filed a resolution of inquiry with the House Judiciary Committee this past week. It’s the first step toward an indictment by the House of Representatives, which in turn is the first step of the impeachment process. That said, it’s far from a guarantee of impeachment; it’s simply an attempt to get information from the executive branch so that people in the House can make an informed decision about whether to pursue things further. But the resolution needs to be acted upon within fourteen working days of when Nadler filed it, so hopefully we’ll know more within the next few weeks. In the meantime, feel free to do a little dance. I know I did.
  • Britain Debates the Donald: In an interesting and rare display of partisan opinion, the Speaker of the House of Commons has indicated that there will be a debate to decide whether Donald Trump will be allowed to address Parliament. The Speaker called this tradition “an earned right” and “not an automatic honor,” though Presidents Obama, Clinton, and Reagan all had the privilege of doing so on their visits to the UK. It will be interesting to see how this vote goes — I’ll keep y’all posted.

In the meantime, though, that’s all the news that’s fit to print this week!

Red, White, and First Amendment Blues

One of the most fascinating and rapidly evolving news stories this week involves Nordstrom dropping Ivanka Trump’s clothing line, citing poor sales as its reasoning. In case you missed this, here is more-or-less what happened: First it was a simple schadenfreude-laden headline, because the Trump dynasty loves selling things and also is historically bad at it. But the collective amusement turned into incredulous outrage when Trump censured Nordstrom’s from the POTUS account, in typical 45th fashion. Then we all watched a Spicer Double Down Special in yesterday’s press conference, when he referred to the business move as “a direct attack on [the President’s] policies.” And by the time Kellyanne Conway got around to literally advertising Ivanka’s product in her official capacity as a White House adviser today, nothing was surprising anymore.

I’ve seen a lot of people note Conway’s endorsement that was illegal (which it was), that this whole story illustrates Trump’s inherent conflict of interest (which it does), and also that Spicer apparently doesn’t know what the word ‘direct’ means (which he doesn’t). But I also think this is the latest in a larger picture issue, and I don’t hear a lot of people talking about it. And that issue is that this administration is launching a systemic assault on the First Amendment.

What does Trump’s conflict of interest have to do with the First Amendment?

I’m glad you ask, Hypothetical Person in My Head! The key is both Trump and his proxy Spicer censuring Nordstrom’s business decision. The groundwork was laid when Trump criticized Nordstrom’s business decision from the POTUS account, saying: “My daughter Ivanka has been treated so unfairly by @Nordstrom. . . . Terrible!” This is because a statement from an official account that something was “unfair” can be reasonably read to carry an implicit threat. But that idea wasn’t fully developed until Spicer said this in the press conference yesterday: “There are clearly efforts to undermine [Ivanka’s] name based on her father’s positions on particular policies that he’s taken. This is a direct attack on his policies.” And it’s when a business decision becomes an “attack” on Presidential policies that the larger picture about the First Amendment starts to take shape. As it happens, these statements taken together tread awfully close to Nordstrom’s right to freedom of speech — specifically its freedom of association and freedom of expressive conduct (And also its freedom to contract, but that’s a whole other ball of wax.).

A Brief First Amendment Primer

For those of you playing the home game, the First Amendment contains more-or-less five basic rights:

  1. Freedom of the press;
  2. Freedom of speech;
  3. Freedom of religion (encompassing both the right to practice religion without government hindrance and the right to freedom from government laws “respecting a religious establishment”);
  4. Freedom to petition; and
  5. Freedom to peaceably assemble.

Though whole treatises could be (and have been) written on this topic, the main thing to take away for now is that the government generally cannot tread on these five things. That includes all branches of the federal government, not just Congress (which is what the First Amendment literally says), and thanks to the Fourteenth Amendment it includes state government as well. (Note that it does not, however, extend to that moderator on reddit who banned that one guy for using slurs, regardless of what that guy is yelling on 4chan.)

Okay, but One Tweet Isn’t an Attack

Good point, Other Hypothetical Person Also in My Head! But this is the part where I remind you that this wasn’t just one tweet in a vacuum — it’s just the latest part of a sustained, systemic effort. Let’s go through that list above, with an eye towards things this administration has done in the past as well as in the past few weeks, and see if they hit all of the First Amendment tickyboxes.

Freedom of the Press: Check. At this point, the 45th discrediting specific members of the press (and especially CNN) as “fake news” has become so commonplace that it’s a recurrent joke on Saturday Night Live. And that skit was hilarious, but it touches on a real phenomenon that’s pretty frightening: The idea that if you report displeasure with the President’s policies, you no longer get to count as real news. This is in addition to a growing rhetoric that the members of the fourth estate are enemies of the state generally, which is popping up in everything from serious allegations that the press is “refusing to cover” terrorist attacks to random statements attacking the “so-called media” over, of all things, reporting on a bathrobe. These statements, taken in tandem, paint a picture of this administration’s general desire to make Americans mistrust news in general.

Freedom of Speech: Check. I covered this one briefly above, but let’s spend a few more minutes on it. This administration has a long-established position of disliking First Amendment freedom of speech, which predates its assumption of office — from threatening to sue the people who stepped forward about sexual assault during his campaign to threatening to jail Hillary Clinton for telling ‘so many lies’ to threatening to remove citizenship for flag-burning. Since taking office, the administration has continued this trend, issuing a communications lockdown impeding executive government staff’s use of social media, demanding that park service officials retract tweets, and beginning to dismantle net neutrality. These actions, taken in tandem, suggest this administration wants people to fear speaking and relaying information freely in a variety of circumstances.

Freedom of Religion: Check. This administration has touched upon both the exercise clause and the establishment clause within the past few weeks. On the exercise end, mounting evidence is being considered by courts that the recent executive order is intended to curtail Muslim entry to the country due to specific Islamophobic animosity within the administration. On the establishment end, we have Trump threatening to dismantle the Johnson Amendment at the National Prayer Breakfast so that Christian organizations can participate more directly in politics, and promising to make persecuted Christians a political priority for immigration. None of this is a good sign, especially so early on in the Presidency.

Freedom to Petition: Check. This one is a more nebulous concept in some ways than the others, but the freedom to petition generally involves being able to talk to government directly about issues with governance. Political texts books often point to things like lobbying, letter-writing, e-mail campaigns, testifying before tribunals, filing lawsuits, supporting referenda, collecting signatures for ballot initiatives, peaceful protests, and picketing. It’s pretty closely tied to the freedom to assemble, which I’ll get to below. But things like shutting down the White House comment line, lying about the number of people who attended the Inauguration, the forcible follow of the POTUS account by 560,000 Twitter users, ignoring one of the most popular We the People petitions in history, and repeatedly attacking the judiciary branch all implicate the freedom to petition, and also all have happened in the past few weeks. Taken together, they suggest this administration wants to make it difficult for constituents as well as other branches of government to interact with its decisions.

Freedom to Assemble: Check. This right applies both to the right to protest and to the general right to associate with other people in things like unions. Though in general the Trump administration has been a bit cagey about this one, we do see early indications that we can expect future infringement of the right of assembly . Trump’s threat to cut federal funding over Berkeley protests is a mixed example at best, but his early description of protests as “unfair,” later description of Madonna’s statements at the Women’s March as “disgraceful to our country,” and more recent iterative rhetoric that protesters are being ‘paid’ all paint a larger picture that can be separated from the violence associated with the Berkeley news. And they come at a time when several state legislators are suggesting criminalizing protest. These things suggest a broader stance against protest generally.

Why does all of this matter?

It matters because the First Amendment collectively is an important check on centralized government process. The Founding Fathers knew this — the anti-federalists fought so hard for a Bill of Rights because they wanted to have a system in place that could slow the federalist machine and prevent it from steamrolling human rights. It’s not a coincidence that the First Amendment is, well, first.

And a natural extension of that is that a healthy enforcement of the Bill of Rights, and the First Amendment in particular, prevents a lot of the hallmarks of fascism from finding purchase (particularly the intertwining of government and religion, controlled mass media, suppression of labor power, and censorship of the arts). It’s a foundational part of American history, and one of the things that does, in fact, make America great. We’ve seen a lot of discussion about whether Trump’s administration is ushering in an era of fascism, and I personally believe that it is. In order for a nascent fascist state to take root in the United States, the Bill of Rights and especially the First Amendment (along with the Fourth, Fifth, Sixth, Eighth, and Tenth) need to be bludgeoned into submission. And we’re watching it happen, one tweet at a time.

What can we be doing? (Besides getting the 45th to stop tweeting. That isn’t going to happen.)

Okay, you raise a compelling counterpoint, Final Hypothetical Person, despite the noted disadvantage of not actually existing. But there are things we can be doing nonetheless!

  • Resist normalization of deviance. This is basically just a fancy sociological way of saying that there is real actual societal value in stamping “This Isn’t Normal” on your forehead and yelling it every time something infringes on a First Amendment right. On a related note, Amy Siskind recommends keeping a list of all of the things you notice changing around you — experts say this can be a very effective technique for resisting normalization. She keeps a weekly list herself, and you can read this past week’s here.
  • Continue to exercise your own rights, especially the last two. Protest things! Sign petitions! Call your senators and yell a lot! Obviously, this is easier for some people than others, but one very real way to preserve rights is to exercise them.
  • Keep track of the news. You can’t know your rights are being infringed if you aren’t paying attention — but more importantly, you also don’t know when your rights are being protected. The Ninth Circuit took a big step towards protecting freedom of religion today, though that fight is far from over, and that’s really helpful to know — it’s a form of petition being successfully preserved, at least so far.
  • Take care of yourself. It’s the best way to keep on fighting.

And on that note, I am going to take my own advice, and save writing about today’s three executive orders for tomorrow. Self-care, folks. It’s a thing. But you’ll hear from me again soon!

National News Roundup Week 2 (January 29-February 4)

Hello again, friends! Buckle in, because this has been a weird, long, confusing, roller coaster of a week even by last week’s standards. We are living in Interesting Times, distinguished guests, and trying to guess where we go from here is like trying to read Keurig machine herbal tea leaves, so your guess is as good as mine.

Some preliminary reminders before we take off, because a vague disclaimer is nobody’s friend: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. I may touch on news I think folks should know that is outside my area as a legal generalist, but if we undertake any offroad adventures I’ll do my best to signal that for you upfront by giving that headline an asterisk. Okay, warning label over. Onward to the news!

The Weird

The Bad

The Good

  • (All) Boys Will Be Boys: In a rare bright spot of news this week, the Boy Scouts of America have announced they’ll be accepting transgender boys into their ranks for the first time in a century. As the article notes, this comes four years after accepting openly gay scouts and two years after accepting openly gay adult leaders. Progress!
  • Woah: The Merriam Webster Dictionary gave the ACLU a somewhat adorable spelling lesson this week, with some help from songwriter and genial pedant Jonathan Coulton.
  • Dressing Like a (Name-Taking) Woman: In response to leaked commentary about President Trump noting that he “likes the women who work for him to ‘dress like a woman,’” professional women all over the country responded by being awesome and photographing it. They captured sartorial choices from hospital scrubs to judicial robes to military fatigues to space suits to… basically everything that a woman might wear while kicking butt and taking names.
  • This Land is (Still) Your Land, This Land is (Still) My Land* A bill introduced by a Utah Congressman which would have authorized the sale of federal lands to private businesses got yanked this week, by the same congressman who originally introduced it. He explained this by noting, “I’m a proud gun owner, hunter and love our public lands . . . Groups I support and care about fear it sends the wrong message. I hear you and HR621 dies tomorrow.” …you know what, I’ll take it; at this point good news is good news.

And that’s it for this week — hopefully next week will be a little less interesting, though I’ll also accept “full of good news” as an option. Catch you all next Sunday, if not sooner!