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Republicans were quietly 'disturbed' after Trump bulldozed the White House: report

When President Donald Trump suddenly began bulldozing the East Wing of the White House during the first government shutdown of his second term, Republicans were horrified behind the scenes.

The Washington Post reported that a senior White House aide got a call from at least one Republican lawmaker who had "substantial concerns," particularly given that Trump pledged he would never "touch" the White House building.

Rep. Michael R. Turner (R-Ohio) formally raised his concerns in an October letter demanding information about the project.

“The stark images of the East Wing demolished in mere days were disturbing to Americans who cherish preservation of our nation’s history,” he said in the letter given to the Post.

The communication is part of the documents that were first obtained by Public Citizen, a government watchdog group.

Turner further advocated that Trump's own appointed commission reject his project.

Turner got a response from Will Scharf, Trump’s staff secretary, saying the president never got the approval from his commission before he tore down the East Wing. He then said that they weren't required to, claiming that the review process only covers "vertical" construction, not demolition. The argument has appeared multiple times over the past several months and critics are calling it "absurd" since the entire purpose of the commission is to preserve the buildings that already exist.

Jon Golinger, democracy advocate at Public Citizen, told the Post that the Turner letter “revealed what people were really thinking. I bet there’s a lot more high-ranking Republicans who feel the same.”

U.S. District Judge Richard J. Leon accused the White House of making an “end run” around by having private donations fund the project rather than having Congress allocate the cash for his pet project. Leon will rule on whether it can continue soon.

"Leon, a George W. Bush appointee, said the congressional authorization was narrow and limited to matters such as White House maintenance, not carte blanche to undertake one of the biggest changes in the White House’s history," the report said. "Justice Department lawyers have argued that any pause on the project could pose a national security risk and said they will immediately appeal if Leon grants a stay on construction."

"[A]s the Secret Service attested, halting construction would imperil the President and others who live and work in the White House," the DOJ said in its argument. The Secret Service operations consider an open construction site "in and of itself, a hazard."

That claim drew questions about how a halt to construction posed a greater national security risk than the construction itself.

If Leon rules against Trump, “There will be nowhere to run,” Golinger said, “and nowhere to hide.”

Golinger also said he isn't surprised by the GOP's fear of speaking out publicly about the issue.

“I certainly haven't seen a lot of campaign ads saying, ‘Elect me for this reason,’” Golinger said. “No Republicans have had to … put their name behind this project and say, ‘This is what I stand for.’”

The report cited a February poll from The Economist/YouGov that by more than a 2-to-1 margin, those surveyed are opposed to the project.

Why Trump's DOJ quietly dropped 23,000 criminal cases — including terrorism and fraud

In the first days after Pam Bondi was appointed attorney general last year, the Department of Justice began shutting down pending criminal cases at a record pace.

The cases included an investigation into a Virginia nursing home with a recent record of patient abuse; probes of fraud involving several New Jersey labor unions, including one opened after a top official of a national union was accused of embezzlement; and an investigation into a cryptocurrency company suspected of cheating investors.

In total, the DOJ quietly closed more than 23,000 criminal cases in the first six months of President Donald Trump’s administration, abandoning hundreds of investigations into terrorism, white-collar crime, drugs and other offenses as it shifted resources to pursue immigration cases, according to an analysis by ProPublica.

The bulk of these cases, which were closed without prosecution and known as declinations, had been referred to the DOJ by law enforcement agencies under prior administrations that believed a federal crime may have been committed. The DOJ routinely declines to prosecute cases for any number of reasons, including insufficient evidence or because a case is not a priority for enforcement.

But the number of declinations under Bondi marks a striking departure not only from the Biden administration but also the first Trump term, according to the ProPublica analysis, which examined two decades of DOJ data, including the first six months of Trump’s second term. ProPublica determined the increase is not the result of inheriting a larger caseload or more referrals from law enforcement.

In February 2025 alone, which included the first weeks of Bondi’s tenure, nearly 11,000 cases were declined, the most in a month since at least 2004. The previous high was just over 6,500 cases in September 2019, during Trump’s first administration.

Some of the cases shut down were the result of yearslong investigations by federal agencies such as the FBI and the Drug Enforcement Administration. For complex cases, the DOJ can take years before deciding whether to bring charges.

The shift comes as the DOJ has undergone an extraordinary overhaul under the Trump administration, with entire units shuttered, directives to abandon pursuit of certain crimes and thousands of lawyers quitting or, in some cases, being forced out of the agency.

In doing so, the DOJ is retreating from its mission to impartially uphold the rule of law, keep the country safe and protect civil rights, according to interviews with a dozen prosecutors and an open letter from nearly 300 DOJ employees who have left the department under Trump. The Trump DOJ, the employees wrote, is “taking a sledgehammer” to long-standing work to “protect communities and the rule of law.”

The change in priorities was outlined in a series of memos sent to attorneys early last year. Trump’s DOJ has said it is “turning a new page on white-collar and corporate enforcement” and emphasizing the pursuit of drug cartels, illegal immigrants and institutions that promote “divisive DEI policies.” Trump, in an address last March at the department, said the changes were necessary after a “surrender to violent criminals” during the past administration and would result in a restoration of “fair, equal and impartial justice under the constitutional rule of law.”

The department prosecuted 32,000 new immigration cases in the first six months of the administration, which was nearly triple the number under the Biden administration and a 15% increase from the first Trump term. It has pursued fewer prosecutions of nearly every other type of crime — from drug offenses to corruption — than new administrations in their first six months dating back to 2009.

The DOJ has also closed hundreds of cases involving alleged crimes that the administration has publicly emphasized as enforcement priorities. Even as the Trump administration unleashed Elon Musk’s Department of Government Efficiency operatives to root out waste, fraud and abuse in the federal government, the DOJ declined over 900 cases of federal program or procurement fraud. About three times as many cases of major fraud against the U.S. were declined under Trump compared with the average of similar time periods under prior administrations. And while the Trump administration has promised to “make America safe again,” its DOJ has declined more than 1,000 terrorism cases, also more than prior administrations.

Federal prosecutor Joseph Gerbasi had spent years in the department’s Narcotic and Dangerous Drug Section helping build cases against major suppliers of fentanyl ingredients in India and China. After Bondi came in, he was left bewildered when his team was ordered to abandon its work.

“All of the building blocks of what would become successful prosecutions were pulled out,” said Gerbasi, who retired as the section’s acting deputy chief for policy in March 2025 after 28 years with the department.

The move had an “overwhelming deflating effect on morale,” he said.

Barbara McQuade, who worked as a federal prosecutor in Michigan for two decades until 2017 during Republican and Democratic administrations, said it was not unusual for new administrations to come to office with a few “pet priorities” — such as a focus on violent crime or drug trafficking. But she said those changes usually involved modest adjustments in policy and that most of the decisions on what crimes to focus on were typically made at the local level by the district U.S. attorney in coordination with the FBI or other agencies.

“We would revise those about every five years, not having anything to do with any administration, just because it made sense,” she said.

A DOJ spokesperson, in an emailed response to questions about the spike in declinations, said that in “an effort to clean, remediate, and validate data in U.S. Attorneys’ case management system,” the department reviewed all pending criminal matters opened prior to the 2023 fiscal year, which included updating the status of closed cases. “This Department of Justice remains committed to investigating and prosecuting all types of crime to keep the American people safe, and the number of declinations is a direct result of our efforts to run the agency in a more efficient manner.”

The agency did not respond to questions about the types of cases declined.

The spike of declined cases began in February 2025 when the department ordered prosecutors to review every open case launched prior to October 2022 and determine whether to close it. Such a review would typically take months, according to one attorney tasked with reviewing cases. A memo, which was described to ProPublica reporters, ordered the review to be completed within 10 days.

Former DOJ prosecutors told ProPublica that they typically reviewed caseloads every six months with supervisors and that closing out languishing cases wouldn’t ordinarily be cause for concern. They said the February directive, however, was unusual. None could recall a similar order.

The directive came as higher-ups in the department had begun making frequent demands for data about specific types of cases and charging decisions, such as the outcome of fentanyl cases, according to former prosecutor Michael Gordon. Gordon, who helped prosecute Jan. 6 cases before moving to white-collar crime prosecutions, said the “fire drills” from officials in Washington became so regular that he grew used to the forlorn look on his supervisor’s face when he showed up at Gordon’s door, apologetically delivering yet another frantic request.

“It was either ‘give us stats we can use to make ourselves look good’ or ‘give us the stats to show how bad things are in this area,’” Gordon said. “It was never productive fact-finding.”

Though Gordon didn’t see the memo, he remembered getting the request to review all cases that had been open for more than two years and report back on their status, entering into a master spreadsheet basic information about any that he wanted to keep pursuing.

“The office was pushing us to close everything by a certain date so that when they had to report up to D.C. they had a low number of open cases,” he said. “You really had to go to bat to keep open a case that was more than two years old.”

Gordon said he was fired by the DOJ last June. He has filed a lawsuit alleging his termination was politically motivated. The department did not respond to questions about Gordon’s comments or his lawsuit. The government filed a motion to dismiss the case late last year, arguing that the federal court did not have jurisdiction over the matter. The court has not yet ruled on that motion, and the case is still pending.

Investigations into individuals or corporations declined for prosecution are generally not reported to courts and usually only disclosed in summary form by the DOJ in annual reports. To conduct its analysis, ProPublica obtained declination data from the DOJ and the Transactional Records Access Clearinghouse, a center that obtains data through Freedom of Information Act requests.

Here are some of the areas most impacted by the spike in declinations.

Drugs

As president, Trump has spoken frequently about the “scourge” of drugs coming into the country. At the same time, the Justice Department has declined to prosecute nearly 5,000 cases of federal drug law violations, including trafficking and money laundering. The number of declinations were 45% higher than the average of the prior three new administrations.

Gerbasi, the counternarcotics prosecutor, declined to comment on specific cases that might have been declined in his office. But, he said, once Bondi was appointed, the priority in the office became building cases against Tren de Aragua, a Venezuelan group that the Trump administration has labeled a foreign terrorist organization.

“Tren de Aragua was not anywhere close to the scale or impact of the cartels we were focused on,” Gerbasi said. “But we were told to generate those cases.”

He said his office had to scramble to fly people to investigate local gangs in small towns that were reportedly affiliated with Tren de Aragua. “They never would have merited a full-scale federal investigation,” he said.

“It told me that decisions were going to be based on political appearances and not based on the merits of where investigative resources should be placed.”

The DOJ declined to comment on Gerbasi’s remarks.

National Security

Under Bondi, the DOJ declined more than 1,300 cases involving terrorism and national security, nearly twice what was typical at the start of the most recent new administrations. While domestic terrorism was the hardest-hit program, just over 300 cases involving charges of providing material support to foreign terrorist organizations were also dropped.

The DOJ program handling matters relating to national internal security — which considers cases of alleged spy activity and the security of classified information — saw over 200 declinations, which is four times as many as typical in the first six months of a new administration. Some of the cases related to serving as an unregistered foreign agent, a charge Bondi ordered prosecutors to stop pursuing unless they involved “conduct similar to more traditional espionage by foreign government actors.”

Jimmy Gurulé, a former federal prosecutor and George W. Bush appointee to the U.S. Treasury Department who investigated the financing of terrorism, said the decline in terrorism cases was troubling.

“The Trump DOJ has been used as a political weapon,” he said. “It’s a question of prioritizing resources. Are they going to be used for national security threats or to prosecute his political enemies and critics?” The DOJ did not respond to a request for comment on Gurulé’s remarks.

Labor

The DOJ shut down over 60 union corruption and labor racketeering cases, 2.5 times the number in Trump’s first term. Nearly half of the cases turned down for those offenses were out of the New Jersey U.S. attorney’s office, which in the past has aggressively pursued alleged union corruption. All were noted as declined for insufficient evidence.

Most of those cases had been opened by Grady O’Malley, an assistant U.S. attorney who oversaw several prosecutions of union corruption while working in the New Jersey office over four decades. He retired in 2023 and was disturbed to learn from former colleagues that the office was shutting down the open union probes.

A Trump supporter, O’Malley said that while he doesn’t blame the president, he worries the decision to drop so many cases could embolden unions that he and his colleagues spent years working to hold accountable. “No one is assigned to do labor union cases, and the unions have every reason to believe no one is looking.”

The New Jersey U.S. attorney’s office said it had no comment on the declination of labor cases.

White-Collar Crime

The Trump administration has pledged to root out “rampant” fraud in federal benefit programs like food stamps and welfare. The controversial surging of federal agents to Minnesota in January began as a stated crackdown on noncitizens allegedly ripping off nutrition and child care programs.

The DOJ, however, shut down more than 900 cases of federal program or procurement fraud in the first six months of the administration, including one targeting a mortgage lender accused by several state regulators of defrauding the Federal Housing Administration. The case was dropped due to “prioritization of federal resources and interests.” The U.S. attorney’s office for the Northern District of Alabama, which declined the case, did not reply to a request for comment. The number of fraud cases closed was about double that in the same time period of the Biden and first Trump administrations.

The agency also closed over 100 health care fraud cases as a result of “prioritization of resources and interests” even though the Trump administration has said it is making this area of enforcement a priority.

Among other cases the DOJ determined weren’t a priority: the probe into the Virginia nursing home accused of abuse, as well as investigations in Tennessee into fraud at a national hospital chain and one of the largest Medicaid managed care companies.

The Western District of Virginia U.S. attorney’s office, through a spokesperson, declined to comment on the nursing home case. A spokesperson for the U.S. attorney in the Middle District of Tennessee said the office does not comment on investigations that do not result in public charges.

The DOJ’s Antitrust Division, which focuses on preventing big businesses from creating harmful monopolies, also declined an unusually high number of cases in Trump’s second term. More than 40 cases were dropped within the first six months of Bondi’s tenure. That’s more than double the number declined in the same time period by the prior three new administrations.

Despite the declinations, the department said it charged slightly more people with fraud in 2025 compared with the final year of the Biden administration, and those cases alleged larger financial losses.

Promises Kept

The DOJ under Bondi has also rapidly pursued many of the priorities laid out in Trump’s early executive orders and her own “first day” directives to staff.

Trump in February 2025 issued an executive order pausing new investigations under the Foreign Corrupt Practices Act, which prohibits citizens and companies from bribing foreign entities to advance their business interests. The order asked the attorney general to review and “take appropriate action” on any existing probes to “preserve Presidential foreign policy prerogatives.”

In the first six months, Bondi’s DOJ shut down 25 such cases, which is more than the combined number dropped by the prior three new administrations over the same time period. One of the cases declined for prosecution involved a major car manufacturer, which had reported possible anti-bribery violations to federal investigators involving a foreign subsidiary. The DOJ declined the case for prosecution last June, citing the “prioritization of federal resources and interests.”

On her first day, Bondi ordered a review of criminal prosecutions under the Freedom of Access to Clinic Entrances, or FACE Act, which prohibits people from illegally blocking access to abortion clinics and places of worship. The department dropped as many cases under the act in its first six months as the past three new administrations combined, over the same time frame. Bondi’s order focused on “non-violent protest activity,” although at least one of the closed cases was being investigated as a violent crime. The DOJ has since charged protesters against Immigration and Customs Enforcement and journalists in Minneapolis under the FACE Act. The defendants in the case have pleaded not guilty.

The agency closed three times the number of cases alleging environmental crimes as the Biden administration did and one-and-a-half times as many as compared with Trump’s first term. The declinations came as the DOJ reassigned and cut prosecutors working on environmental cases. One-fifth of all of the dropped environmental protection cases were shut down for “prioritization of federal resources and interests.”

Naive Trump triggered this to save his skin

“Russia unleashed a massive combined attack on Kyiv” last night, The Guardian reports. “Five people were hospitalized, including one man in critical condition and a pregnant woman, after a series of powerful explosions sounded in the city and air defenses were activated. …“Pictures posted on social media showed different sites in flames and residents gathering in rubble-strewn streets outside apartment buildings.”

The child victims of Jeffrey Epstein’s crimes are apparently not the only ones who‘ve paid the price for Donald Trump’s long relationship with that notorious pedophile.

Epstein’s “partying” with Trump has apparently also led to thousands of civilian deaths abroad, the collapse of America’s credibility around the world, and a serious threat to the future of democracy in Europe.

Trump’s coverup may well represent a form of treason, the aid and comfort to an enemy attacking an ally during time of war. It should lead, at the very least, to impeachment.

Right now, the largest nation in Europe, a democracy and an ally, is under violent attack by a brutal dictator intent on reestablishing the Soviet empire. In a threat to European democracy itself, Ukraine is getting pummeled every day because Donald Trump refuses to respond in a meaningful way.

But why?

In Epstein’s emails, he boasts of offering to advise Russia’s senior-most officials about how to manipulate Trump:

“I think you might suggest to putin that [Russian Foreign Minister Sergey] lavrov can get insight on [Trump by] talking to me…”

Consider Trump’s secretive and beta-submissive behavior toward Vladimir Putin, especially in Helsinki when he trashed our intelligence agencies and sucked up to Putin, and more recently with his red carpet in Alaska, and it’s impossible to ignore what this newest Epstein revelation implies.

If Trump’s betrayal of Ukraine is a direct or indirect result of things Trump did with Epstein, it’s naked treachery. Consider the pattern: ever since Trump came back into the White House, Russia’s attacks on Ukraine have exploded in their ferocity and brutality.

Recently, a missile strike by Russian forces hit the city of Kryvyi Rih in Ukraine and killed at least 20 people including nine children. Apartments collapsed around weeping parents who pulled bodies from the rubble; a baby only a few months old was among the victims.

In another attack, a children’s hospital in southern Ukraine was struck, shattering windows, strewing blood-soaked medical stretchers across the grounds, all while about a hundred people were inside.

Schools, kindergartens and residential buildings have been leveled in multiple towns, as the Russian military targets civilian infrastructure with vicious abandon. They’re daily destroying Ukraine’s fuel and electric grids with the goal of freezing that country’s people into submission as winter approaches.

These are not accidents of war. They’re the deliberate targeting of civilians, children, doctors, classrooms, apartment buildings, homes, and hospitals. Russian drones hunt civilians down the streets of Ukrainian cities, sometimes smashing the windows of their homes as they chase people indoors to kill them.

And all of this — the horror of what’s happening in plain sight that’s the clear result of Trump’s repeated and pathetic kowtowing to Putin — appears, from the Epstein emails, that it may be getting so much worse over the past 10 months because Putin took Epstein’s advice and threatened Trump with exposure.

We still don’t know what was said in that room in Helsinki because Trump covered it up, making sure we’d never know. He ordered his American interpreter to move away from his private conversation with Putin, and afterward seized and destroyed her notes.

Similarly and more recently, in Alaska, Trump dismissed his aides and rode with Putin privately in his car where they engaged in another lengthy, secretive conversation.

That’s the behavior of a man with something to hide, who’s terrified by some horrible secret; it’s not the behavior of a leader defending the national interest of the United States or our European allies.

On top of that, Trump has been placing private phone calls to Putin repeatedly ever since he was reinstalled in the Oval Office.

No previous American president throughout our 249-year history had ever conducted such meetings and repeated communications in secret with the murderous leader of a hostile foreign power. None has ever tried to cover up meetings with such men.

When we place Trump’s bizarre, unprecedented secrecy next to Epstein’s emails in which the billionaire pedophile tells European and Russian contacts that he could offer “insight” into Trump, the outlines of a deeply troubling possibility emerge.

At this moment, it’s only speculation, but it’s one hell of a big if. Because Trump himself keeps doing things — including trashing NATO and betraying Ukraine in ways that only benefit Putin — and therefore demand a serious, honest investigation.

We now know — from the emails released this week — that Epstein wrote that Sergei Lavrov could “get insight” from him and that Russian Ambassador Churkin “understood Trump” after their talks.

And the Russians, as the world knows, never, ever let such juicy material go to waste. Former KGB senior intelligence officer Vladimir Putin is a man trained to find the soft spot in any opponent and apply the exact right pressure to make them bend to his will, and it’s looking more every day like that’s exactly what’s happening here.

Trump was “best friends” with Epstein for more than a decade. They lived near each other in both New York and Palm Beach, and partied publicly together. They traveled on Epstein’s jet repeatedly. They allegedly shared women.

These don’t prove blackmail, but the possibility that Epstein passed along compromising details to Lavrov or even Putin is staggering.

Imagine Putin, alone with Trump in Helsinki way back in 2018, quietly signaling that he knew more about Epstein, Trump, and underage girls than Trump could survive being exposed.

A soft whisper. Perhaps simply sliding a note card to Trump with the words “Epstein, girls” on it.

And then Trump goes out to meet the press after their meeting, shoulders down looking beaten, and lavishes Putin with praise while trash-talking his own intelligence and military officials. What the hell?

Even former Harvard President Larry Summers was horrified, writing to his friend Jeffrey Epstein on July 16, 2018, moments after the Helsinki meeting:

“Do the Russians have stuff on Trump? Today was appalling even by his standards.”

Epstein replied to Summers the next day:

“My email is full with similar comments. wow. Im sure his view is that it went super well. he thinks he has charmed his adversary.. Admittedly he has no idea of the symbolism. He has no idea of most things.”

The idea that Putin threatened Trump in that first private meeting is only a hypothesis, of course. But the secrecy Trump immediately imposed — and his repeatedly whipped-dog-like servile behavior to this murderous dictator in the years since — makes such a moment impossible to rule out.

If something like that did occur, if Putin delivered even the hint of a threat and Trump immediately bent over and bowed down and has ever since, it would explain Trump’s world-changing behavior and why he’s so seriously damaged the interests of America while abandoning our European allies.

Is there anything else that could possibly explain why Trump has spent years refusing to confront Putin for anything, no matter how shocking or monstrous the Russian dictator’s behavior?

It would also explain his silence in the face of Russian assassinations, Putin’s bounties on American soldiers in Afghanistan, and now the horrific nightly devastation of Ukraine and Putin‘s kidnapping of tens of thousands of Ukrainian children.

If Trump was intimidated in that private moment, if Putin used Epstein’s information as a weapon, then the cost of Trump’s fear of exposure has been measured in thousands of Ukrainian civilian deaths, including far more children then even Epstein himself victimized.

It’s been measured in the suffering of the millions of Ukrainians now facing the possibility of freezing to death this winter without power, as Putin relentlessly and nightly targets their energy grid while Trump plays golf, bulldozes the White House, and throws elaborate parties.

It’s measured in America’s humiliation on the world stage and in the bone-deep terror felt across Europe as Putin tests the resolve of NATO and his officials explicitly threaten the Baltics.

The sheer scale of harm that could have flowed from this one corrupt, degenerate, perverted man’s desperation to protect himself is absolutely breathtaking.

If it turns out that this is what actually happened, it would make historic betrayals like Benedict Arnold, Vidkun Quisling, Robert Hanssen, and even the petty treacheries that toppled ancient republics look small by comparison, because none of them placed the survival of modern, worldwide democracy itself at risk.

This isn’t an accusation: it’s the unavoidable suspicion forced upon us by Trump’s own secrecy.

He hid his conversations with Putin from his own government and even from the American people. He created a vacuum where certainty should exist. And now, into that vacuum, flows Epstein’s boast that he was willing to provide Russia with usable, exploitable insights into Trump’s vulnerabilities and psychology.

Trump has refused the basic transparency required of every president who interacts with a hostile foreign leader. If he’d behaved like every president before him, we wouldn’t be having this conversation.

But he didn’t.

Instead, he has bizarrely, inexplicably kissed Putin‘s ass repeatedly and publicly in ways that have astonished and horrified our intelligence and military officials, as well as those of our allies.

And now he’s in the process of purging any among our military ranks and intelligence services who he appears to suspect may not go along with his inexplicable behavior.

Because Trump’s so frequently surrendered America’s, Ukraine’s, and NATO’s best interests to Putin’ s desires — and now we learn Epstein offered to advise Putin on how to blackmail (or at last control) him — we must now investigate every plausible explanation for his actions, no matter how disturbing.

Just releasing Epstein’s emails isn’t even close to enough to answer these questions.

Congress, what’s left of our independent media, and the FBI must investigate not only Epstein’s crimes and connections but the terrifying possibility that American foreign policy has been warped by a president desperately trying to shield himself from the exposure of unforgivable behavior.

That investigation must be thorough, public, and relentless; it must meet the high standards of the internal and public investigations into Richard Nixon‘s criminality in 1974, at the very least.

If true, the possibilities raised by Trump’s betrayal of Ukraine and kowtowing to Putin are far worse than anything Nixon could have conceived in his wildest fantasies.

If Republicans have an ounce of integrity left they’ll not only sanction investigations that could lead to criminal prosecutions; they’ll convene impeachment proceedings.

The American people deserve to know whether blackmail, intimidation, and Trump’s personal vulnerability have cost thousands of Ukrainian lives and shaken the foundations of Western democracy. As well as ignoring — or participating in — the destruction of the lives of hundreds of young girls.

The stakes are too high, the damage too great, and the possible treason too severe to accept anything less.

A fight against a deadly fungus in Arizona is under threat from the Trump admin

John Galgiani has been waiting for this call.

The 79-year-old physician is sitting on a chair in a side office at a health clinic in Phoenix, Arizona, long legs crammed under the table in front of him, hands folded at his stomach, when his cell phone rings. “There’s my guy,” he says.

The man on the other end, a physician who works in Tucson, is a touch less relaxed. One of his patients has been in and out of the hospital with a respiratory infection so severe that at one point she coughed up blood. Her skin is flaking, she’s losing her hair, and now the ventricles in her heart are taking too long to refill with blood between beats. The physician suspects some of these symptoms are being caused not by her underlying condition, but by the medication he has her on. The problem is, her insurance is refusing to cover a more expensive alternative.

Galgiani, the country’s leading expert on the disease they’re talking about, quickly cuts him off. Take the patient off the medication, he says, and see how she does. If she improves, show the insurance company proof and force its hand. “That’s actually a good idea,” the doctor replies.

The conversation is so routine, its conclusion — a change of medication — so anodyne, it’s easy to forget that the patient they’re talking about is battling a deadly and incurable fungus.

Doctors have been searching for a cure for coccidioidomycosis, the disease afflicting the patient, since the 1890s, when an Argentine soldier was hospitalized with skin lesions that returned with a zombie-like vengeance after being scrubbed or cut off. Not long after, an immigrant farmworker landed in a San Francisco hospital with the same mutilating disease. Both patients eventually died.

It would be decades before medical researchers and public health officials connected the dots between those cases and reports of a mysterious disease referred to simply as “desert rheumatism” by the waves of settlers, immigrants, and farmworkers that rippled through the West on the heels of the Gold Rush, the completion of the transcontinental railroad, and the Dust Bowl. In California’s San Joaquin Valley, the disease was known as “San Joaquin Valley Fever,” and “valley fever” became the colloquial name of the infection Galgiani later dedicated his life to studying.

By the 1930s, scientists understood that valley fever and the disease that killed the two immigrant farmworkers were different stages of one illness caused by the same fungal pathogen. They had also begun to grasp the basics of transmission. The fungus that causes the disease, called coccidioides or cocci (pronounced “cox-ee”) for short, grows in the top few inches of undisturbed earth throughout the Western U.S. and flourishes during cool, rainy periods. Then, in the summertime heat of the desert, its delicate fungal threads desiccate. Once they’re dry, any disturbance of the topsoil — a foot kicking up earth, a bulldozer digging a foundation, an earthquake shaking loose clouds of dust — sends infinitesimal spores swirling into the air, where they can be sucked through the nasal passages and into the lungs of passing humans or animals.

Most people who breathe in cocci spores — about 6 in 10 — won’t develop symptoms. But the 40 percent of exposed people whose immune systems can’t or won’t fight off the fungus develop symptoms such as fatigue, muscle aches, coughing, and rash that can last weeks or months. In the 5 to 10 percent of symptomatic cases where the fungus invades the vital organs, the death rate is as high as 25 percent. The pathogen is so powerful the U.S. army weighed whether to develop it into a bioterrorism weapon in the 1960s.

Valley fever is endemic to southern Washington, Oregon, California, Nevada, Utah, New Mexico, Texas, and parts of Central and South America, but nowhere are cases of the disease more common than in Arizona. After Arizona started mandatory laboratory reporting for valley fever in 1997, registered cases ticked up and down. But the number began trending upward dramatically in 2016. Then, in 2024, cases in the state exploded, hitting their second-highest total ever. More than 15,000 infections were reported — a 37 percent increase over 2023. California, which runs just behind Arizona in its annual valley fever caseload, registered a record-breaking 12,637 cases in 2024, representing a 39 percent increase over the previous year, which had already smashed a record set in 2019.

Some portion of the rise in reported cases represents growing awareness among physicians and an associated surge in testing. The pace of new construction in untouched areas also plays a role.

But the recent increase in cases has been so dramatic, Galgiani and other researchers across the West who study the fungus think another factor may be driving the trend: supersoaker winter monsoons followed by scorching summer heat and drought, a cycle made more intense by climate change.

Because warmer air holds more moisture, monsoons and other major rainfall events pull in larger quantities of water vapor and produce heavier downpours as the planet warms. This physical fact has fueled a spate of monster floods across the U.S. and around the world in recent years. But the same warmth can conversely lead to drought by making the atmosphere “thirstier,” or capable of absorbing more water from the land’s surface. Both conditions facilitate the spread of valley fever — the wetter conditions by encouraging growth of the spores, and the drier by facilitating desiccation and soil disturbance.

“The main driver for us is certainly this very clear association for coccidioides between heavy precipitation cycles followed by drought,” said George Thompson, a professor of medicine at the University of California, Davis, School of Medicine who specializes in fungal diseases.

And it’s not just valley fever that may increase its spread thanks to climate change. Peer reviewed research shows that fungal threats of all kinds are poised to emerge and thrive in a warming world.

Since many valley fever cases are asymptomatic or diagnosed as something else, the numbers of infected people reported by states every year are widely considered underestimates. The Centers for Disease Control and Prevention says that the true burden of valley fever in the U.S. is 10 to 18 times higher than reported, meaning tens or hundreds of thousands of people in Arizona and California have been touched by these latest spikes. Cases reported so far this year are surging in both states.

This is the kind of challenge Galgiani has spent the better part of three decades preparing for. Since 1996, Galgiani has served as director of a Tucson-based center he founded at the University of Arizona called the Valley Fever Center for Excellence, where a small army of researchers, doctors, and veterinarians works closely with county and state public health agencies and research universities on developing solutions to the state’s multifaceted valley fever problem. Years of dogged work are finally beginning to yield momentum that could prevent thousands of infections and dozens of deaths every year.

What might become the world’s first-ever fungal vaccine, discovered by Galgiani and a team of researchers at the Center for Excellence in 2013, is nearing the end of the long federal regulatory process for use against valley fever in dogs. A pharmaceutical company has already initiated the process of adapting it for use in humans.

Galgiani and his colleagues also teamed up with researchers at Arizona State University to develop a valley fever surveillance prototype that uses data from National Weather Service weather stations to track the environmental conditions that spur cases of the disease. He designed a clinical education program that trains physicians how to more quickly and accurately diagnose valley fever in their patients. The program was put to use in urgent care clinics in Phoenix and Tucson owned by Banner Health, one of the biggest nonprofit healthcare systems in the U.S.

But these efforts, some of the first homegrown examples of researchers and health professionals collaborating to protect their communities against a climate-driven health threat in the U.S., are on a collision course with the Trump administration’s new policies. In the months since Donald Trump was elected president, his administration has systematically undermined the infrastructure that supports the country’s public health systems, ordering deep cuts to government funding for vaccines, research, and personnel, and even taking aim at the systems that track and publish data on new cases of infectious disease.

For decades, Galgiani thought the work he was doing at the Valley Fever Center for Excellence was building a solid foundation that Arizona would be able to depend on in the hotter years to come. The first nine months of the second Trump administration have made that foundation look more like a Jenga tower. The infrastructure supporting everyone Galgiani works with — the research to develop a vaccine that may one day become widely available for human use, the valley fever surveillance tools that rely on government weather data to operate, and the federal funding that pays for Arizona’s public health initiatives, public universities, and research labs — is starting to wobble.

The quest to free Arizona of its fungal scourge, never closer to bearing fruit, has also never been more at risk.

As Sharon Filip, a healthy woman in her 50s, was preparing to depart Washington state for a two-week vacation in Arizona in 2001, she checked the state’s Department of Health website to find out what she should be aware of before her trip. As a result, she arrived in Tucson prepared to avoid scorpions at all costs. Nothing she read indicated that a deadly fungal disease lurked in the soil.

A week after returning home, Filip could barely lift her head off her pillow. “Every bone in my body, every muscle in my body, every part of my body, my organs — everything hurt,” she said. Her doctors had no idea what was wrong.

Filip’s son, David, took care of her, and her illness resolved on its own over the course of months, as many cases do. There is no cure for the disease, though a round of strong antifungals, which come with their own suite of painful side effects, can provide the immune system with an assist as it tries to destroy the spores. Filip said it took her 10 years to fully “come back to the world of the living.” She and her son formed a group called Valley Fever Survivor, which has served as a meeting place of sorts for people desperate for more information and guidance.

Arizona has accounted for at least two-thirds of all cases reported in the U.S. for decades, although California is beginning to reach parity as the fungus spreads. Maricopa County in particular — Arizona’s most populous and diverse county, housing four of the five biggest cities in the state, including Phoenix — is located on what appears to be a massive fungal reservoir. Half of all of the nation’s cases start in Maricopa. But even in Maricopa County, getting an accurate valley fever diagnosis often depends on whether either the patient or the doctor is aware that such a disease exists.

“I went to a hospital four different times between three different locations before I was taken seriously,” someone wrote in a valley fever support group on Facebook recently. “As a native to Arizona who has only heard of valley fever and does not know anyone who has had this, I find it all incredibly shocking.”

Unlike nearby California, Arizona has passed no workers’ protection legislation aimed at controlling one of its most commonly reported infectious diseases. The state legislature, controlled almost exclusively by a Republican majority since the mid-1960s, approved just $300,000 for valley fever surveillance in 2007. No new funding has been approved by the legislature since, though the Arizona Board of Regents, the state senate-confirmed board that governs Arizona’s university system, used $3.3 million in taxpayer dollars to fund valley fever research across six projects starting in 2022.

Sharon and David Filip are scathing about Arizona’s efforts to contain the disease, which have largely amounted to improving detection of valley fever in people who already have it, rather than preventing those infections from happening in the first place. They think the state has that backward.

“It seems like it’s more important to actually fund the protection of the people than it is to just keep track of how they’re dying and getting sick,” David Filip said. But preventing cases of valley fever — a disease that people contract simply by breathing in the wrong place at the wrong time — is a monumental job for a public health department.

When asked what Arizona is doing to combat valley fever, Irene Ruberto, who manages the Arizona Department of Health Services’ vector-borne and zoonotic disease team, pointed to the department’s efforts to raise awareness about the disease, such as the week the state dedicates to “Valley Fever Awareness” every November, as well as its ongoing work reviewing, counting, and publishing cases reported by counties. Ruberto had no firm answers to questions about the ways that new construction is exposing more residents to the fungus, and what else might be done to reach the demographics most at risk of developing the most severe form of the disease, nodding instead to research being conducted by scientists on those topics at places like the Valley Fever Center for Excellence, which the department supports.

“We don’t want to scare people,” Ruberto said. “We want people to be aware, because we’re seeing that if you know about valley fever, you know the signs and symptoms, then it’s more likely that you’re going to get tested.”

The department of health has a small pot of funding that’s already stretched thin between competing priorities. Arizona, which spent $28 per person on public health funding in 2023, less than half the national average, uses very little of its own money on its health infrastructure. If federal funding were to disappear — county health departments are funded largely by Medicaid — the state’s public health system would functionally collapse.

Those are the conditions in which Galgiani has worked for the past three decades.

“There’s a fungus amongus,” reads a small decal tucked among the various framed awards and pictures hanging on the walls of his office at the Valley Fever Center for Excellence. Galgiani spends most of the week in Tucson, but on Tuesday nights, he and his wife drive two hours north to Phoenix to an apartment they own on the bottom floor of a building a five-minute drive from one of Banner Health’s clinics. On Wednesday mornings, Galgiani goes to the clinic to see patients and train doctors.

Since 2018, Banner Health urgent care facilities in Phoenix and Tucson have been following a new clinical program Galgiani designed that aims to increase the number of people being tested for valley fever. Too often, doctors assume that patients who present with the early symptoms of valley fever have garden-variety pneumonia, and they administer antibiotics without realizing that the patient is suffering from a fungal infection that will only respond to an antifungal medication.

A retrospective study of more than 800 patients in Arizona found that more than 40 percent of them waited more than a month after their first doctor’s visit for an accurate diagnosis; many received useless prescriptions for antibacterial drugs in the interim. The costs associated with the roughly 10,000 cases of the disease that were diagnosed in the state in 2019, including direct healthcare costs and working hours lost, topped $700 million.

After Galgiani’s protocol was implemented, the percentage of Banner Health clinics enrolled in the program ordering 50 or more valley fever blood tests per year rose significantly, from 11 percent in 2018 to 78 percent in 2021 — a strong signal of progress and one that will likely withstand any changes unfolding at the federal level: The program is cheap and doesn’t rely on federal funding to run. But the Banner Health facilities using this new strategy constitute just 4 percent of the health clinics in the Phoenix and Tucson metropolitan areas. The long term goal, one the state of California is currently trying to accomplish via legislation just passed by that state’s senate, is to require doctors to automatically test most patients who present with pneumonia symptoms in an endemic area for the disease.

But getting more hospitals and clinics across the southern part of Arizona, which encompasses most of the state’s fungal hotspots, to implement updated valley fever testing protocols is a constant battle against inertia. “A lot of doctors have learned to treat all pneumonias as bacterial infections,” Galgiani said. “To get them to change, they have to unlearn what they were already told was the right way to go.” He fears that, as the federal government takes a hatchet to the funding it sends to states for a wide array of public health initiatives, the momentum he and others in Arizona have been trying to sustain will lag and efforts to combat valley fever will fall to the wayside.

In late March, Robert F. Kennedy Jr., head of the Department of Health and Human Services, or HHS, ordered deep cuts to Centers for Disease Control and Prevention grant programs for states across the country. Although Arizona’s attorney general challenged that decision alongside 19 other state attorneys general, the Supreme Court handed down a brief ruling in August permitting the lion’s share of those cuts to go through. The White House’s proposed budget for fiscal year 2026 would further weaken the state’s public health and research infrastructure: Arizona stands to lose an estimated $135 million annually in funding from the National Institutes of Health, or NIH, for infectious disease research at universities and hospitals, according to an analysis by the Science and Community Impacts Mapping Project.

These cuts won’t affect the Valley Fever Center for Excellence, which is funded primarily by philanthropic dollars and was established by the Arizona Board of Regents, not the federal government. But what’s happening at the federal level is destabilizing the network of people and institutions Galgiani relies on to keep the valley fever solutions machine running, including the public health departments he works with and his collaborators at universities in California, Arizona, and Texas.

“It feels like there’s an ax hanging over our heads and we never know when it’s going to drop,” said Bridget Barker, a professor of biological sciences at Northern Arizona University who runs a valley fever project funded by NIH.

For eight months this year, Barker waited for more than $1 million in grant money the federal government had already agreed to give her so she could continue developing new antifungal medications to treat valley fever — funding that in past years has been approved in a matter of weeks. Barker wasn’t sure if the money was slow to come because so many federal employees had been fired or laid off since the beginning of Trump’s second term, or if it wasn’t going to come at all. In August, she finally got her funding. By that time, she had already had to lay off two staffers at her lab.

When Thursday morning rolls around, Galgiani is back at his desk in Tucson logging onto a Zoom call with a group of people who meet monthly to discuss valley fever in Arizona. Thomas Williamson, a valley fever epidemiologist at the state’s department of health, starts the meeting with a roll call. Representatives from public health departments across the state — Maricopa, Pinal, and Pima counties — are there to report their monthly valley fever numbers to the group of roughly two dozen. An infectious disease specialist from the Mayo Clinic is listening in. Galgiani is prepared to present the most recent data from his work with Banner Health clinics.

Williamson ticks down his list of invitees. “How about the CDC?” he asks. A long silence follows. Someone jumps in and asks if the Centers for Disease Control and Prevention was told about the meeting.

“They were sent the updates and the meeting link,” Williamson replies. “It’s up to them, really.”

It’s unclear if the federal government’s absenteeism is a result of a lack of interest or whether it can be chalked up to disarray and lack of personnel. At least seven staffers and research fellows have left the CDC’s Mycotic Diseases Branch — including the branch chief, Tom Chiller — a small division within the agency that maintains a fungal identification and testing lab and helps states with funding, disease surveillance, and public health communication surrounding fungal pathogens. Either way, Galgiani says later, the absence is unusual.

Also tuning into the Zoom call are Tanner Porter and Dave Engelthaler, two researchers who have been using air filters — initially installed around the Phoenix metropolitan area following the violence of September 11, 2001, to sense a bioterrorism attack — to measure the concentration of cocci in the air. It’s the first-ever effort to forecast where and when the spores are present across a metropolitan area.

Interest is intense among the meeting attendees as Porter and Engelthaler, who both work at a nonprofit medical research group called the Translational Genomics Research Institute, report that their preliminary findings indicate that airborne fungus is most concentrated close to new construction sites. The spores, they say, are present even on days when the wind isn’t blowing and there is no visible dust in the air.

Phoenix and other endemic areas undergoing a lot of landscape changes are a bit like minefields. Construction in places where the fungus is present, particularly when soil moisture is low and wind is blowing, can produce invisible clouds of spores that hang suspended in the air within a 1.5-mile radius. Anyone who walks through them could be at risk. Larger construction sites can send the spores swirling even further afield.

The researchers are in the midst of training a machine-learning algorithm to identify disturbed land in real time and identify where infections are likely to occur. It’s the kind of research that could help the Maricopa County public health department put out warnings in high-risk areas and encourage people to wear N95 masks, which have been shown to help reduce the risks of contracting the disease.

But the work Porter and Engelthaler are doing depends in part on dust storm records kept in a little-known database called the Storm Events Database. That database is run by the National Centers for Environmental Information, housed within the National Oceanic and Atmospheric Administration, or NOAA, which also runs an hourly weather data program that the researchers are pulling from to run their modeling. The Trump administration has severely weakened NOAA’s weather forecasting capabilities, which will have knock-on effects for any ongoing efforts to use federal weather data to predict where and when valley fever will emerge.

The biggest unknown in the stack of unknowns is the future of the vaccine Galgiani discovered several years ago — the holy grail of the valley fever world. Without it, there is no long-term protection for Arizonans, Californians, and anyone else exposed to a disease poised to run amok as communities push further into a desert landscape made more hospitable to coccidioides by climate change.

The vaccine has been licensed to a pet healthcare pharmaceutical company called Anivive Lifesciences, which is developing it for use in dogs — animals that are particularly susceptible to the disease because they spend so much time with their noses to the ground. The company counts former Republican Speaker of the House Kevin McCarthy, who represented much of California’s cocci-rich Central Valley, on its board.

If everything goes exactly right, the vaccine Anivive is developing will be approved by the Animal and Plant Health Inspection Service, a branch of the United States Department of Agriculture, for use in canines by the middle of next year. In trials, two doses of the live attenuated vaccine, which contains a weakened form of the fungus, gave dogs near-total protection. Adapting the mechanism that makes the dose work in dogs to provide the same protection for humans could take another five years or more. But the federal government appears interested in making that happen — or, at least, it did.

Last year, Anivive received a contract worth up to $33 million from a division of the National Institutes of Health to initiate the process for a human phase 1 clinical trial. Once someone has recovered from valley fever, they’re more or less protected from reinfection for life, making the fungus a good vaccine candidate. The funding from NIH is in the form of a legal contract, not a grant, meaning it theoretically can’t be rescinded the same way billions of dollars worth of grant funding have been cancelled by the federal government. So far, NIH has been meeting its payments to Anivive, though they’ve been slower than usual since Trump took office.

It’s not lost on Edward Robb, chief strategy officer at Anivive and leader of the company’s valley fever vaccine project, that he’s developing a vaccine for a relatively unknown infectious disease at the same time as one of the world’s most prominent opponents of vaccines has begun reshaping America’s immunization policies.

Since taking office as secretary of health and human services, Kennedy has rolled back federal recommendations and endorsements for COVID-19 and some flu vaccines and fired all 17 independent members of a vaccine policy panel at the CDC, replacing many of them with known anti-vaccine campaigners. HHS has little say over vaccines developed for use in animals, but it could derail the regulatory process by which that vaccine is adapted for humans, a process so long and so expensive it’s often referred to as “the valley of death.”

“We’re nervous but we have no data or anything to say that things have changed,” Robb said. “Have I had lost sleep? Have I had anxiety? Have there been weeks when we think we’re doomed? Yeah.”

If NIH continues funding this phase of the project as it’s contracted to and the vaccine shows promise, there’s still the matter of finding the funding to conduct phases 2 and 3 of the approval process, when the vaccine is tested on hundreds and then thousands of people. The estimated cost of such an endeavor, Robb says, is $300 million. Anivive can’t do it alone. A major biopharmaceutical company like Pfizer or Moderna would need to step in to take it over the finish line.

“Will a major step up and say ‘put me in, coach’?” he asked. It’s looking less likely by the day. In early August, Kennedy canceled close to $500 million in mRNA vaccine contracts with more than a dozen vaccine makers including Pfizer, Moderna, and AstraZeneca, a move that could further dampen new vaccine research and investment.

For Galgiani, this kind of retreat from vaccine development is irrational. “It makes sense to me that state and federal support for a vaccine would be good for both public health and the economies of endemic regions,” he said.

Whether a vaccine for valley fever moves forward matters not only for the hundreds of thousands of Americans who are likely to get the disease in the coming years, but also for the 6.5 million people who get invasive fungal infections annually around the world. As with valley fever, the overall number of fungal infections is growing as climate change makes the whole Earth warmer on average.

“Unlike humans, many pathogenic fungi are thriving as the Earth’s temperature increases,” the authors of a study published last year in the peer-reviewed British medical journal The Lancet wrote. Fungi that cause disease are “quickly adapting to higher temperatures and becoming more virulent and potent.”

A growing portion of these cases are caused by fungi that have become resistant to antifungal medications. Candida auris, a relatively new yeast that has already infected over 2,800 Americans this year, is multi-drug resistant. Ninety percent of the Candida auris found in the U.S. is resistant to fluconazole, one of the most commonly used antifungals.

“If we can make a fungal vaccine for valley fever, could one of these companies make a vaccine against Candida infections?” asked Thompson, the fungal disease specialist from the University of California, Davis. “It may just be the first example of vaccines in this field, but it really may lead to some big changes and big improvements for our patients down the road.”

But that’s only if the valley fever vaccine survives the Trump administration.

Correction: This story originally misstated Sharon Filip’s age when she contracted valley fever.

This article originally appeared in Grist at https://grist.org/health/valley-fever-arizona-fungus-climate-change/.

Inside the far right’s secret battle to make 'invaders' the enemy

When top Trump adviser Stephen Miller threatened on May 9 that the administration is “actively looking at” suspending habeas corpus in response to an “invasion” from undocumented immigrants, he was operating on a fringe legal theory that a right-wing faction has been working to legitimize for more than a decade.

“The Constitution is clear — and that of course is the supreme law of the land — that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said earlier this month in response to a question about Trump’s threat to suspend habeas corpus, the legal right of a prisoner to challenge their detention. Days after Miller’s remarks, Homeland Security Secretary Kristi Noem issued the same warning when a member of a House panel asked her if the number of illegal border crossings meets the threshold for suspending the right. “I’m not a constitutional lawyer,” Noem said. “But I believe it does.”

Hard-liners have referred to immigrants as “invaders” as long as the U.S. has had immigration. By 2022, invasion rhetoric, which had previously been relegated to white nationalist circles, had become such a staple of Republican campaign ads that most of the public agreed an invasion of the U.S. via the southern border was underway.

Now, however, the claim that the U.S. is under invasion has become the legal linchpin of President Donald Trump’s sweeping anti-immigrant campaign.

The claim is Trump’s central justification for invoking the Alien Enemies Act to deport roughly 140 Venezuelans to CECOT, the Salvadoran megaprison, without due process. (The administration cited different legal authority for the remaining deportees.) The Trump administration contends they are members of a gang, Tren de Aragua, that Venezuelan President Nicolás Maduro is directing to infiltrate and operate in the United States. Lawyers and families of many of the deportees have presented evidence the prisoners are not even members of Tren de Aragua.

The contention is also the throughline of Trump’s day one executive order “Protecting the American People Against Invasion.” That document calls for the expansion of immigration removal proceedings without court hearings and for legal attacks against sanctuary jurisdictions, places that refuse to commit local resources to immigration enforcement.

So far, no court has bought the idea that the U.S. is truly under invasion, as defined by the Constitution or the Alien Enemies Act, on the handful of occasions the government has used the argument to justify supercharged immigration enforcement. Four federal judges, including one Trump appointee, have said the situation Trump describes fails to meet the definition of an invasion. Tren de Aragua “may well be engaged in narcotics trafficking, but that is a criminal matter, not an invasion or predatory incursion,” U.S. District Judge Alvin Hellerstein wrote. Indeed, Trump’s own intelligence agencies found that Maduro is not directing the gang. The Supreme Court has not ruled on the question but froze any more deportations without due process on May 16.

The Trump legal push has been in the works for years. After Trump left the White House, two of his loyalists, former Homeland Security official Ken Cuccinelli and his now-two-time budget chief Russell Vought, quietly built a consensus for the invasion legal theory among state Republican officials and ultimately helped persuade Texas to give it a test run in court.

Most legal scholars reject the idea that the wave of undocumented immigration fits the original definition of what an invasion is, but they worry nonetheless. When U.S. District Judge Stephanie L. Haines, a Trump appointee, issued a preliminary ruling earlier this month that allowed Trump to invoke the Alien Enemies Act, she did not label immigrants “invaders.” Instead, she proposed that Tren de Aragua was “the modern equivalent of a pirate or a robber.”

If the Supreme Court ultimately takes up the invasion question, a ruling like Haines’ offers a blueprint for sidestepping the issue while giving Trump what he wants, or for embracing the invasion theory wholesale, legal scholars said.

“All this really comes down to the issue of whether the United States Supreme Court is going to allow a president to behave essentially as an autocratic dictator if he’s prepared to make entirely fictitious factual declarations that trigger monarchical power,” said Frank Bowman, a legal historian and professor emeritus at the University of Missouri School of Law.

Under the Constitution, if the United States is invaded, Congress has the power to call up the militia and can allow the suspension of habeas corpus, the constitutional right that is the core of due process. The states, which are normally forbidden from unilaterally engaging in war, can do so according to the Constitution if they are “actually invaded.”

The Alien Enemies Act, an 18th century wartime law enacted during a naval conflict with France, also rests on the definition of an invasion. It allows the president to expel “aliens” during “any invasion or predatory incursion … by any foreign nation or government.” It has only ever been invoked three times, during the War of 1812 and World Wars I and II.

Habeas corpus has likewise been suspended only a handful of times in the Constitution’s nearly 240-year history, including during Reconstruction, to put down violent rebellions in the South by the Ku Klux Klan; in 1905, to suppress the Moro uprising against U.S. control of the Philippines; and in Hawaii after Pearl Harbor in order to place Japanese Americans under martial law. In each of these cases, the executive branch acted after receiving permission from Congress.

An exception was in 1861, when President Abraham Lincoln unilaterally suspended habeas corpus at the outbreak of the Civil War. This provoked a direct confrontation with Supreme Court Chief Justice Roger Taney, who ruled that only Congress was empowered to take such an extraordinary step. Congress later papered over the conflict by voting to give Lincoln the authority for the war’s duration.

Today, nearly every historian and constitutional scholar is in agreement that, when it comes to suspending habeas, Congress has the power to decide if the conditions are met.

“The Constitution does not vest this power in the President,” future Supreme Court Justice Amy Coney Barrett wrote in 2014. “Scholars and courts have overwhelmingly endorsed the position that, Lincoln’s unilateral suspensions of the writ notwithstanding, the Constitution gives Congress the exclusive authority to decide when the predicates specified by the Suspension Clause are satisfied.” Even then, the Constitution only allows Congress to act in extreme circumstances — “when in Cases of Rebellion or Invasion the public Safety may require it.”

Ilya Somin, a law professor at George Mason University who has closely followed these arguments, argues there is virtually no evidence that the drafters of the Constitution thought of an “invasion” as anything other than the kind of organized incursion that would traditionally spark a war.

“The original meaning of ‘invasion’ in the Constitution is actually what sort of the average normal person would think it means,” Somin said. “As James Madison put it, invasion is an operation of war. What Vladimir Putin did to Ukraine, that’s an invasion. What Hamas did to Israel, that’s an invasion. On the other hand, illegal migration, or drug smuggling, or ordinary crime — that’s not an invasion.”

In 1994, Florida Democratic Gov. Lawton Chiles Jr. filed the first modern-day lawsuit arguing otherwise. The Haitian and Cuban refugee crises had spawned a new wave of anti-immigration sentiment, and hard-liners accused the federal government of owing states billions for handling immigrants’ supposed crimes and welfare claims. Chiles, who died in 1998, took the concept one step further. He filed a $1.5 billion suit claiming the U.S. had violated the section of the Constitution stating the federal government “shall protect each [state] against Invasion.”

Federal courts slapped down his lawsuit — and a spate of copycatsuits from Arizona, California, New York and New Jersey — and the legal case for calling immigration an invasion died out.

In the late 2000s, a group of far-right voices began to revive this approach. Ken Cuccinelli was among the first and most strident. He was an early member of State Legislators for Legal Immigration, part of a powerful network of anti-immigration groups that pioneered efforts like ending birthright citizenship. The organization contended that immigrants were “foreign invaders” as described in the Constitution.

Cuccinelli evangelized for the theory as he rose from a state legislator to an official in Trump’s first Department of Homeland Security.

“Under war powers, there’s no due process,” Cuccinelli told Breitbart radio shortly before his appointment in the first Trump administration. “They can literally just line their National Guard up with, presumably with riot gear like they would if they had a civil disturbance, and turn people back at the border. … You just point them back across the river and let them swim for it.”

Cuccinelli got traction after Trump’s reelection loss. He joined a think tank Vought had founded as its immigration point man. During his time in the first Trump administration, Vought became frustrated that the president’s goals were frequently thwarted. He founded the Center for Renewing America, dedicated to a sweeping vision of remaking the government and society — what ultimately became Project 2025.

In remarks to a private audience at his think tank in 2023, Vought, who is now Trump’s budget chief and the intellectual force behind Trump’s unprecedented executive power grab, said he specifically championed the term “invasion” because it “unlocked” extraordinary presidential powers.

“One of the reasons why we were very, so insistent about coming up with the whole notion of the border being an ‘invasion’ because there were Constitutional authorities that were a part of being able to call it an invasion,” Vought said. Documented and ProPublica obtained videos of Vought’s speech last year. Vought and Cuccinelli did not respond to requests for comment.

In 2021 and 2022, Cucinelli, with Vought’s help, mounted press conferences and privately urged Gov. Doug Ducey of Arizona and Gov. Greg Abbott of Texas to proclaim that their states were being invaded.

After Arizona’s then-attorney general, Mark Brnovich, released a legal opinion in February 2022 proclaiming violent cartels had “actually invaded” and opened the door for Ducey to deploy the state’s National Guard, Vought bragged to his audience that he and Cuccinelli had personally provided draft language for the opinion. In a previous email to ProPublica, Brnovich acknowledged speaking to Cuccinelli but said his opinion was “drafted and written by hard working attorneys (including myself) in our office.”

Ducey never acted on the invasion theory. But Abbott was more receptive. He invoked the state’s war powers, citing the “actually invaded” clause, in a 2022 open letter to President Joe Biden. “Two years of inaction on your part now leave Texas with no choice,” he wrote. Andrew Mahaleris, a spokesperson for Abbott, said the governor “declared an invasion due to the Biden Administration’s repeated failures in upholding its constitutional duty to secure the border and defend states.”

Abbott ordered the banks of the Rio Grande river to be strung with razor wire and a shallow section to be obstructed by a 1,000-foot string of man-sized buoys and blades and signed a law, S.B. 4, giving state authorities the power to deport undocumented immigrants.

When the Justice Department sued, Abbott’s administration argued in legal briefs that its actions were justified in part because his state was under “invasion.” Twenty-three Republican attorneys general filed a brief in agreement.

“In both scope and effect, the wave of illegal migrants pouring across the border is like an invasion,” their brief read. “The Constitution’s text, the principle of sovereignty in the federal design, and the broader constitutional structure all support the conclusion that the States have a robust right to engage in self-defense. Contained within that right is presumptively acts to repel invasion.”

Texas’ invasion argument did not prevail. The 5th Circuit has blocked S.B. 4., and a lower court and a three-judge panel skewered Abbott’s constitutional argument in the buoy case. In 2024, the full 5th Circuit ruled under another law that Abbott was entitled to leave the floating barriers in place. It avoided ruling on Texas’ invasion claim altogether — but not without one judge dissenting. Trump appointee James Ho argued courts have no ability to second-guess executives about which threats rise to the level of an invasion and justify military action.

In his speech, Vought credited “the massive take-up rate” of the invasion legal theory to his and Cuccinelli’s behind-the-scenes efforts. Now the concept is being taken seriously by the president’s top advisers as they threaten to upend a core civil liberty.

“The definition of ‘invasion’ has broad implications for civil liberties — that’s pretty obvious,” Somin said. “They’re trying to use this as a tool to get around constitutional and other legal constraints on deportation and exclusion that would otherwise exist. But they also want to use it to undermine civil liberties” for U.S. citizens.

Molly Redden is covering legal affairs and how the second Trump administration is attempting to reshape the legal system. You can send her tips at molly.redden@propublica.org or via Signal at mollyredden.14.

The great voting purge of 2024 has begun

Other than last Sunday’s revelation that Saudi Arabia and Russia have begun manipulating oil availability to create high gas prices to kneecap Biden this fall, the most under-reported story of the week was also posted to The New York Times the same day.

Alexandra Berzon and Nick Corasaniti wrote for last Sunday’s Times:

“A network of right-wing activists and allies of Donald J. Trump is quietly challenging thousands of voter registrations in critical presidential battleground states, an all-but-unnoticed effort that could have an impact in a close or contentious election.”

Noting that there’s virtually no evidence of voter fraud in any of the states targeted by this new group, which is run by “former Trump lawyer, Cleta Mitchell, and True the Vote, a vote-monitoring group with a long history of spreading misinformation,” the Times article notes that their targets are quite specific.

READ: It's time to hold co-conspirator Ginni Thomas accountable

In Michigan, for example, they have:

“[T]urned up large numbers of supposedly questionable voters in dense areas of Detroit and in student housing in Ann Arbor, both overwhelmingly Democratic cities.”

Using arcane laws and loopholes, Republican-affiliated groups are challenging the right to vote of thousands of mostly democratic voters across the states most likely to determine the outcome of the 2024 election.

While the Times report makes it seem like this is a new tactic, it’s been a major part of Republican electoral strategy since the 1960s. They’re just getting more sophisticated these days.

William Rehnquist, for example, was a 40-year-old Arizona lawyer and Republican activist in 1964, when his idol, Barry Goldwater, was running against Lyndon Johnson for president. Rehnquist helped organize a program titled Operation Eagle Eye in his state to aggressively challenge the vote of every Hispanic and Black voter and to dramatically slow down the voting lines in communities of color to discourage people who had to get back to work from waiting hours to vote.

As Democratic poll watcher Lito Pena observed at the time, Rehnquist showed up at a southern Phoenix polling place to do his part in Operation Eagle Eye:

“He knew the law and applied it with the precision of a swordsman,” Pena told a reporter. “He sat at the table at the Bethune School, a polling place brimming with black citizens, and quizzed voters ad nauseam about where they were from, how long they’d lived there—every question in the book. A passage of the Constitution was read and people who spoke broken English were ordered to interpret it to prove they had the language skills to vote.”

Rehnquist was richly rewarded for his activism; he quickly rose through the GOP ranks to being appointed by President Nixon, in 1972, to the Supreme Court and then elevated in 1986 by President Reagan to chief justice, a position he used to help stop the vote recount in 2000 and hand the election that year to George W. Bush in the case of Bush v. Gore.

(Interestingly, three GOP-employed attorneys who worked with the Bush legal team to argue that case before Rehnquist included then-little-known lawyers John Roberts, Amy Coney Barrett, and Brett Kavanaugh. Bush rewarded Roberts by appointing him not just to the Court but directly to the chief justice position when Rehnquist died. Roberts was also a tie-breaking vote to allow Ohio to continue its voter purges in 2017, and he wrote the 5–4 decision that gutted the Voting Rights Act in Shelby County v. Holder in 2013.)

But ever since Kathrine Harris and Jeb Bush got away with stealing the 2000 election from Al Gore, Republicans have redoubled their efforts. When they suffered virtually no blowback or media exposure (beyond Greg Palast’s BBC reports) for the open theft of the presidency, that election became a major turning point for amping up Republican election fraud across the nation.

Months before the election, Florida Governor Jeb Bush had his Secretary of State, Kathryn Harris, throw around 90,000 African Americans off the voting rolls and then, just for good measure, invented a new category of ballots for the 2000 election: “Spoiled.”

“Spoiled ballots” were ballots mostly coming from Black neighborhoods where Bush’s and Harris’ people had installed old, defective, and unreliable punch-card voting card devices. When people weren’t sure all the right holes had been punched (because some hadn’t worked right), they’d often write in “Al Gore” in the “write in” space along with punching the Gore hole in the ballot.

This, according to Bush and Harris, “spoiled” the ballots so they didn’t need to be counted, although there is no state or federal law that would back up that claim and require those ballots to be ignored.

As The New York Times reported a year after the 2000 election when the consortium of newspapers they were part of finally recounted all the votes and discovered tens of thousands of uncounted ballots:

“While 35,176 voters wrote in Bush’s name after punching the hole for him, 80,775 wrote in Gore’s name while punching the hole for Gore. [Florida Secretary of State] Katherine Harris decided that these were all ‘spoiled’ ballots because they were both punched and written upon and ordered that none of them should be counted.”

The result was that 45,599 Florida ballots that were clearly intended to be cast for Al Gore were not counted. As the Times noted:

“Many were from African American districts, where older and often broken machines were distributed, causing voters to write onto their ballots so their intent would be unambiguous.”

George W. Bush “won” the election by 537 votes in Florida, because the statewide recount ordered by the Florida Supreme Court — which would have revealed and counted the “spoiled” ballots, handing the election to Gore (who’d won the popular vote by over a half-million) — was stopped when GHW Bush appointee Clarence Thomas became the deciding vote on the Supreme Court to block the recount order from the Florida Supreme Court.

Since then, Republican voter purge efforts have gone on steroids. More recently, a shocking 2023 study from Demos lays out the dimensions of this voter purge crisis of democracy brought to us by an increasingly desperate GOP.

Republicans are doing this because they know that their policies are unpopular: most Americans aren’t fans of tax cuts for billionaires, more pollution, deregulation, high-priced drugs, privatizing Medicare, ending Social Security, criminalizing abortion and birth control, student debt, hating on Black and queer people, and the GOP’s war on unions and working people.

So, the GOP does everything they can to make voting difficult or even impossible, particularly for people in heavily Democratic neighborhoods (which are usually college towns, big cities, and Black neighborhoods).

When Republicans run elections in such areas (typically Blue cities in Red states), they’ll close or change polling places at the last minute to sow confusion and cause people to give up when they show up at their normal polling place and find it closed.

For example, in last fall’s election in Ohio the state changed polling places for voters in heavily Black Cuyahoga and Summit counties just five days before the election, as Newsweek noted in an article titled “Ohio GOP Changing Polling Locations Days Before Election Raises Questions.”

Ohio voters were outraged, and that outrage spread across X (formerly Twitter) with comments like this:

“The Ohio GOP is playing ‘Your polling place has moved’ with 47,000 voters in the largest African American voting county in Ohio—just five days before the election. Making it harder to vote—in the crucial August 8th special election (deciding if a majority of voters still can amend Ohio's state constitution)—is wrong.”

Another X user noted:

“Ohio Republicans are so damn shady! … This stinks to high heaven. At the last minute, before Ohio’s special election, polling locations were changed in Cuyahoga and Summit counties. More than 47,000 voters are affected by changes to 50 voting precincts.”

The fact that this little trick in Ohio last fall got virtually no national press coverage guarantees Red states will be doing more of it in the upcoming 2023 and 2024 elections.

But that’s just the beginning.

Knowing that working-class people are less likely to vote Republican than white upper-class suburbanites, Republicans also engineer polling situations so people paid by the hour will have to wait for hours in line to vote, losing out on income.

Every year, we’re treated to pictures and videos of hours-long lines to vote in Blue cities in Red states, while lines in white suburbs in those same states typically run less than 10 to 15 minutes.

Similarly, many Red states have imposed draconian penalties on people conducting voter registration drives for making even the smallest mistakes, or for failing to “properly register” themselves with the state. This has shut down many voter registration programs, including some from long-term organizations like the League of Women’s Voters.

As The Kansas Reflector newspaper noted, the penalty for even a minor, inadvertent error is now 17 months in the state prison and a $100,000 fine:

“The League of Women Voters of Kansas and other nonprofits are suspending voter registration drives for fear of criminal prosecution under a new state law.”

The League has sued Florida, Tennessee, and Texas for their criminalization of voter registration drives as well.

But purging voters — by the tens of millions every election cycle — is where Republicans find their best result. As the Demos report notes:

“Between the close of registration for the 2020 general election and the close of registration for the 2022 general election, states reported removing 19,260,000 records from their voter registration rolls. This was equal to 8.5% of the total number of voters who were registered in the United States as of the close of registration for the 2022 general election.”

Additionally, 17 million voters were purged in the two years leading up to the 2018 election, fully ten percent of America’s voting population, according to the Brennan Center.

Given that the most radical purges took place among Black and youth voters in Republican-controlled Red states, those 8.5 percent and 10 percent “national averages” could well be two or three times that percentage in the states where these purges were concentrated.

They added, most of the purge activity was taking place in former Confederate Red states that — before five Republicans on the Supreme Court gutted the Voting Rights Act in their 2013 Shelby County decision — had to have purges pre-cleared by the federal government:

“The median purge rate over the 2016–2018 period in jurisdictions previously subject to preclearance [Red states] was 40 percent higher than the purge rate in jurisdictions that were not covered by Section 5 of the Voting Rights Act [Blue states].”

More than a quarter of those purged during this period from 2016-2022 were removed from the rolls either because they failed to vote in the previous election or because they failed to return a postcard mailed out by a Republican secretary of state (that is usually designed to look like junk mail).

This is called “caging” and used to be illegal, but Sam Alito broke the tie and wrote the 5-4 decision in the 2018 Husted v A Phillip Randolph Institute decision when the five Republicans then on the Court ruled that Ohio Republican Secretary of State Husted could continue his practice of mailing the postcards into Ohio cities with the largest Black populations.

In his dissent, Justice Stephen Breyer pointed out that only around 4 percent of Americans move out of their county every year. Yet, he wrote:

“The record shows that in 2012 Ohio identified about 1.5 million registered voters—nearly 20% of its 8 million registered voters—as ineligible to remain on the federal voter roll because [Republican Secretary of State Husted said that] they changed their residences.”

The Brennan Center found that just between 2014 and 2016, in the two years leading up to the Hillary/Trump presidential election, over 14 million people were purged from voter rolls, largely in Republican-controlled states. Then-Secretary of State Brian Kemp purged over a million voters in Georgia alone in 2018, leading up to his 50,000-vote win that year against Stacey Abrams.

Calling the findings “disturbing,” the Brennan Center noted:

“Almost 4 million more names were purged from the rolls between 2014 and 2016 [just after the Supreme Court legalized large-scale no-oversight voter purges in 2013] than between 2006 and 2008. This growth in the number of removed voters represented an increase of 33 percent—far outstripping growth in both total registered voters (18 percent) and total population (6 percent).”

Another strategy that the GOP has rolled out in a big way to suppress the vote in Blue areas of Red states is “strict signature matching.” They primarily use this against voters who’ve succeeded in obtaining vote-by-mail ballots, which are authenticated by comparing the signature on the envelope with the voter’s registration card.

Because signatures change over time and often vary a lot when people are in a hurry, this is low-hanging fruit for the GOP. Last year they started a program to field an “army” of 50,000 “poll watchers,” including interviewing candidates from among white supremacist militia groups, for the 2024 election.

While some of these poll watchers will be on hand to try to intimidate or challenge Black and young voters (a practice that’s legal in most Red states), many will be overseeing the counting of mail-in ballots, which are generally more Democratic than Republican.

All they have to do is claim that, in their opinion, a signature doesn’t match and the ballot goes into the “provisional” pile and won’t be counted until or unless the voter shows up in person at the county elections office. Most people never even know their ballot was challenged and not counted.

Meanwhile, the GOP in Texas is quietly recruiting 10,000 white volunteers “courageous” enough to go into Black and Hispanic polling places and confront people trying to vote.

As Jessica Corbett reported for Common Dreams:

“Common Cause Texas on Thursday shared a leaked video of a Harris County GOP official discussing plans to ‘build an army’ of 10,000 election workers and poll watchers, including some who ‘will have the confidence and courage’ to go into Black and Brown communities to address alleged voter fraud that analyses show does not actually exist.”

Which brings us back to last weekend’s report about the aggressive voter roll purges detailed in The New York Times. Not only are they trying to strip people of their right to vote, but they’re also laying the groundwork to challenge Democratic winners after the election.

The Times reporters found that even when Republican efforts to get clerks to remove Democratic voters from the rolls fail, the registration purgers consider that a victory because they will then use the initial allegation that those voters were “fraudulent” as the basis to contest the election after the fact — as Trump tried to do in 2020 — by claiming they should have been stripped from the rolls.

As Joanna Lydgate, the chief executive of the nonpartisan States United Democracy Center, told the Times, in some cases:

“It really is aimed at being able to cast doubt on the results after the fact.”

Voting in Red states has become difficult, and registering voters is now treacherous since five Republicans on the Supreme Court legalized all these tricks and strategies to purge or discourage Democratic voters.

If you live in a Blue area of a Red state, or one of the swing states that will decide the next president, get ready: the GOP is pulling out all the stops for this fall’s election.

Double-check your voter registration every month or two at Vote.org, and be sure to double-check it in the weeks just before the deadline for registration, as Republican Secretaries of State prefer to purge people in this window so by the time people discovered they’re purged it’s too late to re-register. And let your friends, relatives, co-workers, and neighbors know that they need to do the same.

NOW READ: Inside the Saudi scheme for screwing Biden's election hopes

Fascism expert says Trump’s cult of personality is growing

President Joe Biden warned about the looming threat of autocracy during his speech marking the first anniversary of the January 6 Capitol attack on Thursday and denounced his predecessor Donald Trump for inciting the rioters. In a statement responding to Biden’s speech, Trump continued to falsely claim the 2020 election was rigged. To discuss further, we are joined by historian Ruth Ben-Ghiat, an expert on the psychology of authoritarianism, who says Trump has grown his “personality cult” since his election loss and converted the GOP into “a far-right authoritarian party which has enshrined violence as part of the practice of power.” She also discusses Trump’s recent endorsement of Hungarian Prime Minister Viktor Orbán, who has been recognized by European Union leadership as a threat to democracy, and calls Florida Governor Ron DeSantis a “mini-Trump” who is planning for “an authoritarian system at the state level.”

Transcript
This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: President Biden marked the first anniversary of the January 6 Capitol insurrection by denouncing Donald Trump for inciting his supporters to attack the Capitol in an effort to overturn the 2020 election. In a speech from Statuary Hall in the U.S. Capitol, Biden accused Trump of spreading a “web of lies” and claimed the former president — who he did not name — is placing a “dagger at the throat of American democracy.” This is part of Biden’s address.

PRESIDENT JOE BIDEN: Here is the God’s truth about January 6, 2021. Close your eyes. Go back to that day. What do you see? Rioters rampaging, waving for the first time inside this Capitol a Confederate flag that symbolized the cause to destroy America, to rip us apart. Even during the Civil War, that never, ever happened. But it happened here in 2021.
What else do you see? A mob breaking windows, kicking in doors, breaching the Capitol; American flags on poles being used as weapons, as spears; fire extinguishers being thrown at the heads of police officers. A crowd that professes their love for law enforcement assaulted those police officers, dragged them, sprayed them, stomped on them. Over 140 police officers were injured.
We’ve all heard the police officers who were there that day testify to what happened. One officer called it, quote, a “medieval” battle, and that he was more afraid that day than he was fighting the War in Iraq. They’ve repeatedly asked since that day: How dare anyone — anyone — diminish, belittle or deny the hell they were put through?
We saw it with our own eyes. Rioters menaced these halls, threatening the life of the speaker of the House, literally erecting gallows to hang the vice president of the United States of America.
But what did we not see? We didn’t see a former president, who had just rallied the mob to attack, sitting in the private dining room off the Oval Office in the White House, watching it all on television and doing nothing for hours as police were assaulted, lives at risk, the nation’s Capitol under siege.
This wasn’t a group of tourists; this was an armed insurrection. They weren’t looking to uphold the will of the people; they were looking to deny the will of the people. They were looking to uphold — they weren’t looking to uphold a free and fair election; they were looking to overturn one. They weren’t looking to save the cause of America; they were looking to subvert the Constitution.
This isn’t about being bogged down in the past; this is about making sure the past isn’t buried. That’s the only way forward. That’s what great nations do. They don’t bury the truth; they face up to it. Sounds like hyperbole, but that’s the truth: They face up to it. We are a great nation.
My fellow Americans, in life, there’s truth and, tragically, there are lies, lies conceived and spread for profit and power. We must be absolutely clear about what is true and what is a lie.
And here is the truth: The former president of the United States of America has created and spread a web of lies about the 2020 election. He’s done so because he values power over principle, because he sees his own interests as more important than his country’s interests and America’s interests, and because his bruised ego matters more to him than our democracy or our Constitution.
He can’t accept he lost, even though that’s what 93 United States senators, his own attorney general, his own vice president, governors and state officials in every battleground state have all said: He lost. That’s what 81 million of you did as you voted for a new way forward. He has done what no president in American history, the history of this country, has ever, ever done: He refused to accept the results of an election and the will of the American people.
While some courageous men and women in the Republican Party are standing against it, trying to uphold the principles of that party, too many others are transforming that party into something else. They seem no longer to want to be the party — the party of Lincoln, Eisenhower, Reagan, the Bushes. But whatever my other disagreements are with Republicans who support the rule of law and not the rule of a single man, I will always seek to work together with them to find shared solutions where possible, because if we have a shared belief in democracy, then anything is possible — anything.
And so, at this moment, we must decide: What kind of nation are we going to be? Are we going to be a nation that accepts political violence as a norm? Are we going to be a nation where we allow partisan election officials to overturn the legally expressed will of the people? Are we going to be a nation that lives not by the light of the truth but in the shadow of lies? We cannot allow ourselves to be that kind of nation. …
Those who stormed this Capitol and those who instigated and incited and those who called on them to do so held a dagger at the throat of America, at American democracy. They didn’t come here out of patriotism or principle. They came here in rage, not in service of America, but rather in service of one man. Those who incited the mob, the real plotters, who were desperate to deny the certification of this election and defy the will of the voters.

AMY GOODMAN: President Biden, speaking Thursday at the Capitol to mark the first anniversary of the deadly January 6 insurrection.

Delaware Congressmember Lisa Blunt Rochester spoke later as part of a day of commemoration on Capitol Hill.

REP. LISA BLUNT ROCHESTER: On the day that I was sworn in to Congress, as many of my colleagues know, I was the first African American and the first woman from the state of Delaware elected to Congress. And I carried this scarf with me. It marked an X that my great-great-great-grandfather used to sign this returns of qualified voter registration of 1867 in Georgia. I also carried it on the day of the insurrection, because it is my proof of what we have overcome, and it is my inspiration for what is yet to be done as we work towards a more perfect union.
I continue to have hope, even when I feel hopeless, because my ancestors would have it no other way, and because Scripture tells us that weeping may endure for a night but joy comes in the morning. And while I remember a great deal that day, what I remember most is walking back onto the House floor into the chamber that morning to complete our work, the morning when democracy prevailed. Remember, reflect, recommit.

AMY GOODMAN: Delaware Congressmember Lisa Blunt Rochester, speaking Thursday.

We’re joined now by New York University professor Ruth Ben-Ghiat. She’s an expert on the psychology of authoritarianism and the author of Strongmen: How They Rise, Why They Succeed, How They Fall. She also publishes Lucid, a newsletter on threats to democracy.

Can you put what happened yesterday in the context of your study of fascism, the anniversary of what happened a year ago, Professor?

RUTH BEN-GHIAT: Yes. So, Trump was never going to be — he was never a president who resembled either a Republican or Democrat head of state. He ruled as an autocrat. His priorities were autocratic ones: making money off the presidency, spreading hatred and creating a personality cult.

And so, when he lost the election, it was easy to predict, as I did in Strongmen, that he wouldn’t leave quietly, because democratic — with a small D — presidents, they respect the transfer of power, and they think about their legacy, but for somebody like Trump, who needs immunity from prosecution and needs the adulation, it’s like a kind of existential threat to have to leave. And so he tried everything. He tried martial law. He tried electoral manipulation. And then he went with his bespoke, custom army of thugs.

And what’s really so disturbing, that the GOP, which he remade into an authoritarian party, his personality cult one year later is stronger than ever. And very quickly, in the last year, the GOP has come into its own as a far-right authoritarian party, which has enshrined violence as part of the practice of power. That is part of its menu of how you do politics now.

AMY GOODMAN: During his speech, President Biden addressed what he called the president’s three big lies: Number one, Election Day itself was an insurrection; number two, the election results cannot be trusted; and number three big lie, the mob were the true patriots. Put that in the context of the strongmen you have studied.

RUTH BEN-GHIAT: So, a third of my book is on military coups, and which I thought wouldn’t be so relevant for the American reader, and, of course, I was wrong. And every single coup or authoritarian takeover is always justified as a patriotic act against tyranny, against corruption.

And so, Trump had set this up very well, because these big lies only had traction with his followers because he told 30,000 lies before that. And many of those lies, for years, were trying to take away the legitimacy of the electoral system in people’s minds. He started this in 2016, but he won, so he didn’t have to use this. So, we have to think about how what we saw, and what has been going on after January 6 for the last year, is the product of this very successful propaganda strategy.

And so, turning — what you also do is you turn it — I call authoritarianism as the upside-down world. So, Biden’s victory becomes the insurrection, and then January 6 becomes the righting of the wrong. And Trump knows how to tell a story. He’s a reality TV president. And he was very compelling, this idea that he was the hero, the savior of the nation, who had something taken away from him. And that way, January 6 becomes a kind of morally righteous action.

AMY GOODMAN: Just days before the January 6th anniversary, Trump endorsed Hungary’s Viktor Orbán. He released a statement saying, “He has done a powerful and wonderful job in protecting Hungary, stopping illegal immigration, creating jobs,” etc. Talk about the significance of President Trump in the world and what 2024 could mean if he were to run again.

RUTH BEN-GHIAT: So, I’ve always seen Trump — of course, we focus on how he came to power to destroy American democracy. That was his goal. But his other agenda was detaching America from the democratic world order and inserting it into what I’ve been calling since 2017 “Axis 2.0,” this kind of far-right autocratic order. A lot of it’s funded by Putin. And Orbán has made Budapest a kind of hub of these far-right networks, which remind me of what I initially studied, was these fascist networks of this fascist internationalism in the 1930s.

Now, Trump really identifies with Orbán, because Orbán is somebody who was a centrist, and then he was voted out, and he spent some years getting back to power. And then he arranged things. He has this electoral autocracy, where you hold elections and then you fix them, so that he doesn’t have to leave, you know, in his mind.

And the GOP has embraced Hungary, and they really see Hungary’s present as America’s future. And so, Tucker Carlson, you know, had whole week of broadcasting there. And even Mike Pence, who’s not the most worldly person, trotted over to Budapest and talked about how he hoped that abortion rights would be taken away soon. So, Hungary is this model of white Christian supremacy, anti-trans, homophobic. It checks all the boxes of what the GOP is actually today.

AMY GOODMAN: Finally, we talk about him as a model and him modeling himself on autocrats around the world. But what about him as a model at home for people like Ron DeSantis, the Florida governor? You lay out, in a very chilling piece, this image of DeSantis surrounded by the people he wants to basically deputize as what his opponent in running for governor has talked about as his “secret police.”

RUTH BEN-GHIAT: Yeah, Ron DeSantis is an example — so, when you have somebody like Trump who imposes this kind of authoritarian party discipline, the system populates with mini-Trumps. They used to be called mini-Duces and mini-Hitlers, and now we have these mini-Trumps. And so, what we’ve seen is, in places like Texas and Florida, states are becoming laboratories of autocracy.

And DeSantis is particularly disturbing, because, you know, he wants to have his own civilian National Guard. And many states have those, but I discovered, doing research, that he’s also establishing an office for, quote, “election integrity,” which is code speak for election fraud, where it’s going to have its own prosecutors and investigators. So, anybody who — if there’s like an election result in the state that DeSantis doesn’t like, he can have his goons go after them and accuse them of violating election law. And they’ve made what used to be misdemeanors into felonies, so these people could be put in jail. So this is an example of the kind of authoritarian system at the state level that DeSantis has planned.

AMY GOODMAN: Ruth Ben-Ghiat, I want to thank you for being with us, expert on the psychology of authoritarianism and fascism. She is the author of Strongmen: How They Rise, Why They Succeed, How They Fall, a professor of history and Italian studies at New York University, and she publishes Lucid, a newsletter on threats to democracy.

Coming up, the CDC is predicting 84,000 people will die in the United States of COVID over the next four weeks. We’ll speak with emergency room doctor Craig Spencer. Stay with us.


Texas National Guard troops call Abbott’s rushed border operation a disaster

By Davis Winkie, Military Times, and James Barragán, The Texas Tribune

Feb. 1, 2022

"Deplorable conditions, unclear mission: Texas National Guard troops call Abbott’s rushed border operation a disaster" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

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In October, amid a historic surge of Texas National Guard troops to the U.S.-Mexico border, one soldier’s leader told him “not to worry” about getting sent there. He could sit this one out.

The part-time senior noncommissioned officer said he still feared an unanticipated call-up — he owns a small business and he has a son with a disability.

Usually, long-term Guard deployments come from the federal government, with nearly a year’s notice — the NCO had several months to settle his affairs before two previous deployments. But Operation Lone Star is different.

Faced with a humanitarian crisis along the Rio Grande, pressured by conservative rivals and chided by right-wing cable pundits, Gov. Greg Abbott decided last fall to move thousands of troops to the border as quickly as possible. And the Texas Military Department, which oversees the state’s National and State Guard branches, did all it could to comply — with haste.

Never before has Texas — or any other state — involuntarily activated so many troops under state active duty authority for such a long-term mission. Nor has it been done so quickly.

A few days after being told he’d likely sit the deployment out, the NCO was ordered to report within 72 hours, he said. If he didn’t, his commanders told him, the state would issue an arrest warrant.

“I had to cancel $60,000 worth of business contracts,” the NCO, who requested anonymity because he feared retaliation from Guard leaders, said in a text to Army Times and The Texas Tribune. His employees all quit.

After “three weeks of sitting on my ass with zero task or purpose,” he was sent home. But it may be too late to save his business. He says he still hasn’t found a new project and had to sell his company’s van to pay his mortgage, car payments and business loans.

“I didn’t want to get out of bed for a week,” the soldier said. “I was unemployed … and [I] felt exactly as if [the Texas Military Department] put me there because of their … lack of planning and leadership.”

His story is just one of many hardships service members say have resulted from Abbott’s unprecedented border security push, called Operation Lone Star.

During a two-month period beginning in September, Operation Lone Star ballooned from a lean 1,000-volunteer outfit to a mandatory mobilization of up to 10,000 members of the Texas Military Department. According to a senior Guard leader’s leaked comments during a virtual town hall for unit leaders, they’re expecting the current wave of troops to be there for a year, and they’re preparing for yet another wave of deployments.

The troops there say they faced a deluge of problems when they were mobilized — some of which have been slowly improving in recent weeks:

  • As many as 1 in 5 troops in the 6,500-strong “operational force” who have been sent to the border have reported problems with their pay, including being paid late, too little or not at all for months.
  • Service members say they have struggled with shortages of critical equipment, including cold weather gear, medical equipment and plates for their ballistic vests.
  • Many are living in cramped trailers with dozens of troops.
  • Some say they feel underutilized and rarely see migrants while working isolated observation posts that in some cases lacked portable toilets for months.

Interviews with 33 verified current and five former Texas National Guard troops and documents obtained by Army Times and The Texas Tribune show that these problems were predictable — some of them also happened during the Guard’s 2017 response to Hurricane Harvey.

But Abbott’s haste in rolling out the deployment made similar problems inevitable. The active and former soldiers say that Abbott’s order left Guard officials scrambling to execute a mobilization that would have normally taken several months to adequately plan.

“If we had known from day one that the goal was [10,000 troops], we could’ve planned,” said one soldier directly familiar with the operation’s mobilization process. “We pride ourselves on … the number of [federal] deployments Texas supports. But this? This is not something to be proud of.”

A National Guard general from another state added, “There’s no conceivable way that could have gone smoothly. There’s no way.”

The general, like the other currently serving troops who spoke with Army Times and the Tribune, requested anonymity because they were not authorized to speak with the media about Operation Lone Star. Most said they feared retaliation.

The former top enlisted soldier in the Texas Army National Guard, retired Command Sgt. Maj. Jason Featherston, blamed the state’s top general for the failures and accused the state of “hoping they would go away.” Featherston went on retirement leave in mid-August, before the border mission’s rapid expansion, and officially retired on Nov. 30.

“Based on the lessons learned from Hurricane Harvey, [Maj. Gen. Tracy] Norris should have known better than to think that standing up thousands of troops on this timeline would go smoothly,” said Featherston, who was the noncommissioned officer-in-charge of operations during the Harvey mobilization.

Texas National Guard leadership, meanwhile, rejects that assertion. Army Times and the Tribune sent a summary of this investigation and an exhaustive list of questions to the Texas Military Department on Jan. 20. Col. Rita Holton provided answers and declined to respond to detailed follow-up questions. Holton instead posted a release to the Texas Military Department website on Jan. 21 that gave the department’s rebuttal to media reports detailing problems with Operation Lone Star.

“It is clear that reporters have gleaned information from anonymous sources and unverified documents, which have then been skewed to push an agenda,” Holton said in the release.

Featherston, the former sergeant major, said Holton’s statement reflects the department’s misplaced priorities.

“Instead of solving [pay, lack of equipment, and family or employer hardships], more energy was spent on hiding or covering up problems rather than fixing them,” Featherston argued. “Families [have been] impacted forever.”

A group migrants waits at a gate near the U.S. and Mexico border in Del Rio on July 22, 2021. The group turned themselves over to the National Guard and Customs and Border Protection officials.

Migrants waited at a gate last summer near the U.S.-Mexico border in Del Rio. The group surrendered to the National Guard and U.S. Customs and Border Protection. Credit: Miguel Gutierrez Jr./The Texas Tribune

Hurried deployment plagued by pay problems

The National Guard is primarily staffed by part-time troops who have civilian jobs, lives and families. Sometimes they’re called to full-time duty by the federal government. Those deployments are often yearlong missions, but Guard members are alerted months ahead of time so they can get their affairs in order — and troops alerted less than 120 days prior to deployment usually can’t be forced to go.

The Guard can also be deployed by governors for what’s known as state active duty. Typically those are short stints to respond to natural disasters or civil disturbances.

Operation Lone Star is a distortion of what state active duty is designed to do, according to the Guard general from another state, who is in charge of nearly 10,000 people.

“A lot of [Operation Lone Star’s problem] is just the nature of the fact that you’re doing [it] on state active duty,” the general said.

Like a federal call-up, the mission is expected to last at least a year, but many troops received only days' notice, and they face a high bar to get a hardship exemption to avoid deploying. For example, service members said, Border Patrol agents, police and other first responders who serve in the Guard are typically exempt from state missions, but only Border Patrol agents are automatically exempt from Lone Star.

Before Operation Lone Star, the most significant state active-duty mission in Texas history was during Hurricane Harvey in 2017, when Abbott mobilized more than 17,400 Guard troops for less than a month before some went home and others transitioned to a federally funded mission.

The state call-up was plagued with payroll problems that retired 1st Sgt. Lachelle Robinson saw firsthand when she was the top personnel NCO for Joint Task Force Harvey.

In a phone interview, Robinson estimated that around 15% of Texas troops who were activated for Hurricane Harvey — roughly 2,500 — didn’t receive their state active duty paychecks on time.

She attributed the pay problems to the “immediate emergency” that didn’t leave enough time to make sure that troops’ addresses and other administrative information were correct.

At the mission’s end, Robinson said, she and other officials submitted feedback warning that state missions should incorporate a longer planning process to ensure service members’ records are correct to avoid similar pay problems. Army Times and the Tribune obtained a copy of the Harvey review, which included a slide saying the state should “improve” state pay system reports.

Five years after the Harvey experience, at least 1,330 Operation Lone Star troops have received incorrect pay at some point, Holton, the TMD spokesperson, told the San Antonio Express-News. That’s a similar rate to the Hurricane Harvey response.

An NCO deployed near Del Rio said some of his soldiers had to take out personal loans due to the missing pay. One soldier missed debt payments, “screwing his credit score,” the NCO said. Some troops haven’t received supplemental pay they were promised, added another soldier.

“Can we not learn from this?” said a source familiar with the Texas Military Department’s state active-duty procedures. “Do we have to keep making the same mistakes over and over again?”

Holton said that 75% of reported pay issues have been resolved. She attributed the problems to a new payroll system implemented after Hurricane Harvey and said adding such a large number of soldiers under Operation Lone Star has revealed “gaps” in the system. All personnel on the mission have received at least some pay, she added.

Abbott downplayed the scope of the pay issues in a Jan. 11 press conference, claiming that “all paycheck issues have been addressed.” But service members say that’s not true.

One soldier’s wife told Army Times and the Tribune last week that her husband has received only three paychecks since October. Soldiers are paid every two weeks.

Multiple sources who spoke to Army Times and the Tribune said the new pay system is prone to error because unit-level operators must manually input pay information for each soldier every day.

Holton said the state deployed “pay strike teams” to the border on Jan. 16 to resolve outstanding pay complaints, but she did not respond to a follow-up question from Army Times and the Tribune asking why the teams didn’t deploy months ago. Since then, she sent a tweet asking troops with pay issues to email her.

Gov. Greg Abbott speaks with Steve McCraw, Director of Department of Public Safety, before holding a press conference with nine other governors at Anzalduas Park in Mission on Oct. 6, 2021.

Flanked by National Guard members, Gov. Greg Abbott spoke with Texas Department of Public Safety Director Steve McCraw before an October press conference in Mission. Credit: Eddie Gaspar/The Texas Tribune

Abbott's expansion under a political microscope

Border security is mainly a federal responsibility, but the Texas National Guard has long had a state-controlled presence there, especially when Democrats have held the White House.

In 2014, two years before former Gov. Rick Perry ran for president, he sent 1,000 troops there and blasted President Barack Obama for failing to secure the border. When Abbott took office in 2015, hundreds were serving there alongside Border Patrol. He kept them on after an increasing number of unaccompanied children arrived at the border.

After Donald Trump became president, the federal government began funding the Texas state border mission, expanded it and added active-duty troops. That effort continues to this day with less than 3,000 federally funded and controlled Guard troops along the border.

As President Joe Biden took office in January 2021, he ended federal reimbursement for state-controlled troops on the border, and the number of migrants illegally crossing the southwest border began to soar. In March, the federal government reported that it apprehended 173,000 migrants at the border — some 70,000 more than in March 2019.

That month, Abbott announced he would begin a new state-run border mission and again send troops to the border to assist the Texas Department of Public Safety and other agencies with stemming human and drug trafficking.

The effort began with 500 Guard members who volunteered for the deployment. Nan Tolson, an Abbott spokesperson reached via email for this story, said the mission’s size was initially dictated by available funding.

The deployment came at a politically fraught moment for a governor whose popularity was sagging as he took fire over his handling of two crises — the COVID-19 pandemic and a February 2021 winter storm that caused the state’s power grid to collapse, leaving millions without electricity or heat for days.

In May, Abbott faced his first major challenge from his right flank after former state Sen. Don Huffines of Dallas, a millionaire with money to spend, announced his entry in the 2022 gubernatorial primary. Two months later, Huffines was joined by Allen West, the former U.S. representative from Florida and chair of the Republican Party of Texas. Both blasted Abbott for failing to secure the border.

As the weather and the political rhetoric heated up, Abbott accelerated his border security push and increased his criticism of Biden. “The Biden administration has abandoned its responsibility to apply federal law to secure the border and to enforce the immigration laws, and Texans are suffering as a consequence of that neglect,” he said in a June press conference announcing a $250 million “down payment” to build a state-funded border wall.

In August, Abbott activated more troops — many of them tasked with helping build border barriers — bringing the total to 1,000 volunteers.

Then, in September, the Texas Military Department began quietly preparing to put even more troops on the border, according to a source familiar with the mobilization and documents obtained by Army Times and the Tribune. On Sept. 7, the headquarters issued a “2021 South Texas Border Surge” warning order — a formal heads up that an expansion of the border mission was imminent. A Sept. 9 order confirmed that the mission would expand to brigade-sized later that month.

Gov. Greg Abbott looks at crane lifting a section of the border wall in place after giving a press conference at Rio Grande City on Dec. 18, 2021.

Gov. Greg Abbott watches a crane lifting a section of the border wall into place after a press conference in Rio Grande City on Dec. 18, 2021. Credit: Jason Garza for The Texas Tribune

A portion of the newly-erected border fence that is being constructed by the state on private property in Del Rio on July 23, 2021.

The state erected border fencing on private property in Del Rio last summer. Credit: Miguel Gutierrez Jr./The Texas Tribune

First: Gov. Greg Abbott watched a crane lifting a section of the border wall into place in December in Rio Grande City. Last: The state erected border fencing on private property in Del Rio last summer. Credit: Jason Garza and Miguel Gutierrez Jr. for The Texas Tribune

Beginning the week of Sept. 12, a humanitarian crisis in Del Rio caught the world’s attention when an estimated 12,000 mostly Haitian asylum-seekers crossed the Rio Grande and encamped under the city’s international bridge, where they awaited processing by Customs and Border Protection officials. Prominent Fox News hosts like Tucker Carlson covered the issue, initially focusing on what he characterized as the federal government’s lackluster response.

Around Sept. 20, Abbott formally ordered 1,500 more soldiers to the border in a major expansion of Operation Lone Star. Tolson, Abbott’s spokesperson, pointed to the Del Rio incident as a motivating factor for the surge, as well as its haste.

“Multiple reports suggested that additional caravans were headed to the U.S., with the Texas border as the primary target,” she said. “As those caravans made their way toward Mexico City, where they typically make the decision to head to Texas or some other state, Texas needed to surge all possible resources. … Additional Guard was needed at the border before caravans decided which direction to go.”

A few days before formally beginning the surge, Abbott had signed another border security bill that provided an additional $1.88 billion to the effort — including $750 million for the state-funded border wall and $311 million to scale up the Texas Military Department’s response.

But those actions didn’t halt the political pressure on Abbott.

Carlson, whose widely watched Fox News opinion show influences conservative policy, attacked Abbott on Sept. 22, saying he needed “to come on this show to explain to us why he hasn’t called the National Guard to seal the Texas border and protect us from this invasion.” It’s not clear if Carlson was aware of Abbott’s Sept. 20 order.

In early October, Abbott ordered the Texas Military Department to activate 2,500 more Guard members and send them to the border. By the end of November, the number sent to the border would reach at least 6,500, with thousands more supporting the mission from elsewhere.

Holton, the state public affairs officer, said this deployment timeline was “inaccurate,” but she declined to elaborate. Army Times and the Tribune reconstructed the activation’s timeline through more than 40 pages of official documents and spreadsheets obtained from verified sources.

The activation’s speed became a preoccupation of Texas Guard officials, the soldier directly familiar with the mobilization process explained.

“The ‘whys’ were never addressed,” the soldier said. “It was just a constantly increasing weekly [mobilization quota] requirement.”

West called out the hurried mobilization in a campaign event earlier this month, calling it a “rush to failure.” He’s called for Norris, the state’s top general, to resign.

As the state scrambled to source troops for the surge, it began to involuntarily activate thousands of service members for a mission with no clear end date. The state has also threatened to issue arrest warrants for troops who do not show up. Army Times and the Tribune obtained filled-out warrants and charge sheets for four soldiers, but Holton said no troops had been arrested.

Of the more than 20 involuntarily activated troops who spoke with Army Times and the Tribune, none reported having more than two weeks’ notice of their deployment. Some reported having as little as two days to drop their civilian lives as police officers, college students, small-business owners and cyber security professionals; make arrangements for child care; notify their employers; and say goodbye to friends and family.

One junior paratrooper shared his frustration over being set back in college again after having to withdraw from his fall semester classes.

“I’m like a fifth-year junior [now],” he said. “My school took away my financial aid for not making satisfactory academic progress.”

Another soldier, who works in civilian law enforcement, said the mobilization is diminishing his small town’s police department, which includes four Guard members. Other departments are facing similar issues after the Guard refused to grant blanket hardship waivers to police officers.

“It … makes it very difficult for the remaining officers to compensate,” he said. “Supervisors have to pick up the slack, and the [department] pays more in overtime.”

National Guard and law enforcement vehicles near the U.S. and Mexico border in Del Rio on July 22, 2021.

Some National Guard members said they’ve been working without all the equipment and facilities they need. Credit: Miguel Gutierrez Jr./The Texas Tribune

Inadequate planning time led to logistics problems

Once the Guard members arrived at the border, many reported encountering substandard living conditions and shortages of equipment to protect them while they patrol the Rio Grande, sit at observation posts or work on sections of border barrier.

Many of the troops are housed in hastily constructed base camps in remote parts of the border. Several soldiers describe communal trailers crammed with built-in bunk beds stacked three high.

In a town hall that Maj. Gen. Charles Aris, the commander of the 36th Infantry Division, held for his subordinate commanders early this month, one small-unit commander complained that there was no gear storage for his troops in the trailers. Instead, they had to store thousands of dollars’ worth of military-issued equipment like helmets and ballistic vests in their personal vehicles.

“You have to go out to your vehicle a lot to change your clothes because you don’t have enough room to keep your stuff in there,” said one 19-year veteran in an interview. “There’s just no room. … The conditions [here] are crazy.”

Some service members said they were moved into unfinished camps. A senior engineer NCO said his unit moved in before the camp had any kitchen facilities, leaving the troops to fend for themselves at local restaurants and stores.

Three Guard troops told Army Times and the Tribune that they purchased food or groceries for subordinates who were unpaid or underpaid, including one who said he purchased peanut butter, jelly and bread to feed a handful of troops in an unfinished base camp that had no kitchen yet.

Members of the Texas National Guard, seen here on Dec. 8, work 12- to 13-hour shifts guarding the Texas border wall, construction crews and materials near Del Rio. Thousands of National Guard troops were deployed to Del Rio after an increase in migration at the southern border.

Texas National Guard members watched over construction crews building fencing along the border near Del Rio in December. Credit: Kaylee Greenlee Beal for The Texas Tribune

Brig. Gen. Monie Ulis, commander of Joint Task Force-Lone Star, acknowledged in a letter to the force this month that the scale and speed of the deployment resulted in “austere conditions.”

Holton, the Texas Military Department spokesperson, said commanders in the field “have identified areas of improvement [for housing] and are actively working with vendors to execute those solutions.” She did not respond to a question about when the improvements will be complete.

Ulis shared floor plans for planned housing improvements with troops last week, noting that one base camp would receive the improvements beginning in February. The new “dorm-style lodging” will have a 116-person capacity and include wall lockers.

Some Guard members said that when they’re on duty along the border, they face a lack of toilet facilities at their work sites and lookout posts.

One Guard member responsible for logistics said female Guard members at those lookout posts “either [have] to go in the bush, which is degrading, or get [a superior] to come pick them up [to drive to a gas station], and then that leaves only one person in the checkpoint until they get back.”

Holton said the issue “is not widespread,” but she declined to specify how many positions lacked toilet facilities. She attributed the problem to “a miscommunication with the portable toilet vendor and we have rectified this issue.” A junior officer confirmed that more toilets were delivered to observation posts between Roma and McAllen in the Rio Grande Valley late last month.

Other troops said they lacked critical equipment, including cold-weather and wet-weather gear for the winter months.

Army Times previously reported that troops in some areas have to swap bulletproof plates for their ballistic vests between shifts because they didn’t have enough. One medical NCO who said he had to withdraw from college to go to the border told Army Times and the Tribune that his unit had trouble securing enough medical kits, which include gauze and tourniquets, for soldiers as well.

Holton said the state has shipped more protective equipment to service members on the border.

Asylum seekers who have just crossed the border are led by a National Guard troop to be apprehended by Customs and Border Protection in Roma on Aug. 3, 2021.

Asylum-seekers who had just crossed the border in August followed a National Guard member to U.S. Customs and Border Protection agents in Roma. Credit: Sophie Park/The Texas Tribune

"All we're doing is staring into nothing"

Texas officials stated during the mobilization that Guard troops would arrest migrants for trespassing as part of the mission's partnership with private landowners and local law enforcement. Holton said Operation Lone Star troops have apprehended 100,000 migrants or referred them to Border Patrol, DPS or other law enforcement agencies.

Many of the apprehensions are migrants surrendering to the first person in uniform they see in order to begin the asylum request process.

One Guard member, a civilian law enforcement officer by trade, told Army Times and the Tribune that there is a special unit of around 25 troops — all of them police officers in their civilian lives — who are arresting migrants for trespassing in Kinney County, the only border county actively coordinating with Operation Lone Star.

Due to equipment shortages, those troops are also using their “own gear or [home] department-issued gear like handcuffs, duty belts and holsters,” the service member said.

But several other Guard members said not all units are seeing large numbers of migrants, and fewer are conducting arrests. They said many Guard observation posts simply watch the border through binoculars and call Border Patrol on the radio when they see people crossing the Rio Grande.

In the Brownsville area, some of the state’s most elite troops — its Air National Guard cyber operations forces — are “sitting at a watch point for hours on end with their thumbs up their ass doing nothing,” a member of the cyber unit said.

A junior soldier assigned to a post along Falcon Lake near Zapata said he and his peers spend their days “staring” at the lake.

Does he ever see migrants? “Nope, not even once,” he said. “Just people fishing.”

“Send [us] to critical areas where there is a major need for assistance,” he said. “I will do my job as a soldier and Guardsman, but I just want to be used effectively.”

Another soldier said he supports the “intent of the mission,” but not “its poor execution and the rush to failure.”

“A lot of these issues could have been mitigated had leadership taken a step back and thought of the soldiers for a minute,” he said. “They made this huge deal and rushed everybody out here, and all we're doing is staring into nothing.”

The operation’s leaders insist that there are signs of success. Aris, the division commander, said in his town hall with subordinates that an increase of migrant apprehensions in Arizona’s Yuma border sector proves Operation Lone Star’s success in Texas. Border Patrol data shows that apprehensions from October through December rose by nearly 2,400% in the Yuma Sector compared with the same period in 2020. But apprehensions still more than doubled along the Texas border compared with 2020.

Experts question that conclusion, too. César Cuauhtémoc García Hernández, an immigration attorney and law professor at Ohio State University, said more activity in another part of the border doesn’t necessarily mean the operation is working.

“I don’t think it’s that simple to point to what’s happening two states away,” he said. “But if it is displacing a situation from one place to another, then it does absolutely nothing for the nation as a whole.”

Victor M. Manjarrez Jr., who worked for the U.S. Border Patrol for 22 years and retired as the Tucson Sector chief in 2011, said claims that Operation Lone Star is deterring migrants and drug smugglers ignore the reality of how smuggling organizations react to pressure from law enforcement.

“It's not that easy for drug organizations to call up the neighboring cartel and say, ‘Hey, you know, we're having a hard time here, can we run our drugs through there?’” said Manjarrez, who is now the associate director of the Center for Law and Human Behavior at the University of Texas at El Paso.

Efforts like Operation Lone Star provide temporary deterrence, he said, but smuggling organizations typically go back to trafficking drugs or people through their usual routes once enforcement begins to dwindle.

National Guard soldiers stand guard near the U.S. and Mexico border in Del Rio on July 22, 2021.

National Guard members stood guard last summer near the Texas-Mexico border in Del Rio. Credit: Miguel Gutierrez Jr./The Texas Tribune

Will Operation Lone Star gut the Texas Guard?

Many Guard members told Army Times and the Tribune that doubts about their mission’s effectiveness have compounded their dissatisfaction with its hardships, and some of them are beginning to plan their departure from the service.

Retention is typically a lagging indicator of service member frustrations. Many troops are bound by service obligations that keep them from simply quitting. But that hasn’t stopped some from heading to the exit.

For example, many of the cyber airmen deployed near Brownsville — whose civilian paychecks can more than quadruple their base military pay — are either quitting after their contracts’ end or requesting other assignments away from the Texas Guard, the unit member said.

“[They] signed up for cyber warfare,” the unit member said. “If [they] wanted to do border patrol, [they] would’ve applied with Border Patrol.”

They make up one of the Air Guard’s cyber protection teams, a recent U.S. Cyber Command and National Guard Bureau initiative meant to protect against cyber threats in their home regions. In Texas, their missions include a 2019 response to a ransomware attack that incapacitated 22 Texas counties.

The departures harm the region’s ability to respond to cyber threats, the unit member said.

“If asked to mobilize our unit as a [Cyber Protection Team] today, we couldn’t do it,” he said. “Too many have left already.”

The hard-to-replace cyber troops aren’t the only ones leaving.

Another Texas Air National Guard unit on the border, the 432nd Air Expeditionary Group, reported looming retention problems after a recent survey. Out of 73 respondents who reported their contracts would expire before the end of their Operation Lone Star deployment, 45 said they were “not likely” to reenlist or extend their contracts. That’s a sharp contrast with the Air National Guard’s national rates: The service retained 92% of airmen with expiring contracts during the year ending on Sept. 31, 2021.

Army Times and the Tribune also obtained retention data for the Texas Army National Guard, TMD’s largest branch — and a branch that usually has higher attrition rates than the Air National Guard.

The Army National Guard received a goal of 505 reenlistments between Oct. 1 and Dec. 31. It secured only 327 reenlistments, or roughly 65% of the target set by the National Guard Bureau, a national headquarters that coordinates resources among states but doesn’t run operations.

During the same period in 2020, the state convinced 368 soldiers to re-up against a target of 484 — a 76% rate. During the first three months of 2021 it did even better, exceeding its target with a 105% rate.

Soldiers’ decisions to leave or stay in the Guard are personal and complex, but falling retention numbers amid Operation Lone Star’s massive, involuntary troop surge could signal a troubling trend, members said.

A senior full-time NCO assigned to the border said none of his company’s troops plan to reenlist — and nothing short of a fundamental shift in leadership will convince them to stay.

“They’re soldiers, and they have to soldier right now,” he said. “But if they extend, they don’t want life to be this way. None of them joined active duty — they join the Guard [part time], and they understand they can deploy, but goddamn, man, we’re deployed all the time.

“They’re not staying, because what’s gonna happen next?” the NCO added. “They want their life back.”

Texas Tribune reporter Uriel J. García contributed to this story.

Disclosure: The University of Texas at El Paso has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2022/02/01/texas-national-guard-border-operation-lone-star-abbott/.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

'Close to quid pro quo corruption': Journalist calls out 'corporate Democrats' threatening Biden's agenda

Progressives in the House of Representatives say they will oppose the $1 trillion infrastructure bill, after House Speaker Nancy Pelosi said she would seek a vote on the measure separately from the Build Back Better Act, the $3.5 trillion bill that expands the social safety net and combats the climate crisis. Conservative Democratic Senators Kyrsten Sinema and Joe Manchin, who receive major donations from financial institutions, fossil fuel companies and other industries, continue to oppose the $3.5 trillion package. While the $1 trillion infrastructure bill is "kind of a half-measure," the Build Back Better Act "really could be best described as the Democratic platform," says David Dayen, executive editor of The American Prospect.

Transcript
This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: President Biden canceled a trip to Chicago today so he can stay in Washington, D.C., as crucial negotiations continue on the bipartisan infrastructure deal and the Build Back Better Act. House progressives are saying they will "hold the line" and oppose the $1 trillion infrastructure bill, after House Speaker Nancy Pelosi said she would seek a vote Thursday on the measure without a commitment to also pass the Build Back Better Act. That's the $3.5 trillion, 10-year bill that expands the social safety net and combats climate change.

The chair of the Progressive Caucus, Congressmember Pramila Jayapal, issued a statement that, quote, "This agenda is not some fringe wish list. It is the President's agenda, the Democratic agenda, and what we all promised voters when they delivered us the House, Senate and White House," she said.

Activists from People's Watch and Sunrise Movement are demonstrating in D.C. this week to pressure House Speaker Pelosi and Democrats to pass the measure through reconciliation. A flotilla of activists took to kayaks and electric boats to demonstrate near Senator Joe Manchin's houseboat in D.C., demanding, "Don't sink our bill." Others confronted Pelosi Tuesday night as she headed into a fundraiser.

ACTIVIST: Nancy Pelosi, will you hold the line on the reconciliation bill, for climate justice, for California? Will you hold the line?

AMY GOODMAN: Meanwhile, President Biden met Tuesday with conservative Democratic Senators Kyrsten Sinema and Joe Manchin, who receive major donations from financial institutions, fossil fuel companies and other industries that oppose the spending package.

For more, we begin with David Dayen, executive editor of The American Prospect. He's working with The Intercept and The Daily Poster to keep a running count of where progressive votes stand. He's written a piece headlined "Pelosi Tries to Bulldoze Progressives on the Infrastructure Bill: But she claims it must pass to avoid an expiration of highway funding. That's just not true." He also wrote about the "Interlocking Crises in Congress Have Simple Solutions." His latest book, Monopolized: Life in the Age of Corporate Power.

David Dayen, welcome back to Democracy Now! So, tell us what you believe is true. And for people who are not following closely what's happening in Washington, lay out the two bills, and then talk about what's being proposed to vote on tomorrow and what isn't.

DAVID DAYEN: Sure. So, the bill that's going to get a vote tomorrow — or at least that's the theory — is the bipartisan infrastructure bill, which was negotiated by centrist Democrats and Republicans. It has $550 billion of new spending on infrastructure over eight years, and that includes things like highways and bridges and broadband and the electric grid and resiliency from the ravages of climate change, and a few other things. It's at about half the level of what Joe Biden proposed when he put out the American Jobs Plan back in March. So, it's kind of a half-measure. It was negotiated by Democrats and Republicans, and it's seen as a must-have for the conservative end of the Democratic Caucus.

The Build Back Better Act, which is, again, as you said, $3.5 trillion over 10 years, really could be best described as the Democratic platform. I mean, this is a massive, expansive bill. Because there are so many elements to it, it's kind of hard to explain, but it includes ways to reduce the cost of living, which — the biggest drivers of the cost of living: housing, education and healthcare. It has a massive investment in the care economy. So you have subsidies for child care such that nobody in America would pay more than 7% of their income. You have massive subsidies for elder care, for allowing people to age in place and stay at home. There's a paid family and medical leave program for the first time in American history. And it's the biggest climate bill that Congress will have ever passed. And I'm leaving stuff out, too. The child tax credit expansion that we saw this year in the American Rescue Plan would be extended for another four years, for example. Progressives —

JUAN GONZÁLEZ: It also includes, doesn't it, David Dayen — it also includes assistance for college education?

DAVID DAYEN: Yes, tuition-free community college. There's also universal pre-kindergarten in the bill, expansions of Pell Grants, money for historically Black colleges and universities. It's a major education bill. It's a major climate bill. It's a major healthcare bill that would expand Medicare and Medicaid. It's a major care economy bill. Like I said, it's kind of the Democratic platform. That's why progressives are so interested in getting that passed.

And what Pelosi has done — I mean, the whole idea, for months, was that those bills would be linked, so that the moderates in the caucus would get something they want, which is the bipartisan infrastructure bill, and the progressives in the caucus would get something they want, which is this Build Back Better Act. And Pelosi, over the last few days, has delinked those bills. Because they can't get agreement, or even the semblance of an agreement, from Joe Manchin and Kyrsten Sinema, Pelosi has said, "OK, let's pass this now, and then we'll work on the Build Back Better Act, which only needs Democratic votes because it's being done by reconciliation. We'll pass that later."

And this is what progressives are rebelling against. They don't want to lose their leverage. They figure if they pass the bipartisan infrastructure bill, then the centrists, the moderates in the caucus, will want nothing to do with the Build Back Better Act, and will only get this bill that was partially directed by Republicans. So that's the issue.

As you mentioned the whip count, we have listed 24 Democratic members of Congress in the House who will not vote for the infrastructure bill without a reconciliation bill. There was also a private conference call with the Congressional Progressive Caucus yesterday. We're told that two dozen people spoke up on that call. All of them were opposed, and 10 of those people were not on our whip count list. So, you could have as much as 34 members voting no at this point, and even that might be an undercount.

JUAN GONZÁLEZ: But isn't part of the problem that Manchin and Sinema, while they are opposing the supporting a $3.5 trillion bill in the Senate, refused to say what they would support? So there's almost like there's a — the Democrats are negotiating with themselves but don't actually have the position of one side.

DAVID DAYEN: That's exactly right, Juan. I mean, they're negotiating with a phantom. Manchin and Sinema have been asked for a week, including on multiple occasions by the president himself, "What will you accept? Give me a top line number. Give me a spending number that you'll accept." And they're refusing to engage. They're refusing to say what they would be for in this bill. And you cannot proceed to negotiations without getting at least some framework of a top line number. So, progressives say, "We're not going to pass the infrastructure bill without specifics from Manchin and Sinema." And Manchin and Sinema are saying, "We're not going to give you specifics until you pass the infrastructure bill." So there's just a complete impasse here.

AMY GOODMAN: We'll go to break, then come back —

JUAN GONZÁLEZ: And at the same time —

AMY GOODMAN: Go ahead, Juan.

JUAN GONZÁLEZ: Yeah, I was going to ask: At the same time that they're juggling these two potatoes, there are two other potatoes, aren't there, that the Congress is dealing with: the need to pass legislation extending government funding by Thursday and also the debt ceiling? Could you talk about how that plays into these other issues?

DAVID DAYEN: Yeah. Well, it's just more on Congress's plate. Now, it does look like there will be a continuing resolution to fund the government that is going to get action in the House and Senate today. So I fully expect that continuing resolution will pass, and we will have government funding extended, I believe, to December 3rd.

The debt limit is the problem. Republicans in the Senate have said that they are not going to give votes to pass the debt limit, that Democrats should do it themselves. They could do it through reconciliation, which is this process that only requires 50 votes. Democrats feel like the spending was built up through the Trump administration and Republicans should be involved in it.

This is a ridiculous law to begin with, the idea that money that's already spent, that you have to make a law to raise the debt ceiling so that you can borrow to pay the bills that you've already rung up. There are a lot of ways that we could just get rid of this thing. The 14th Amendment says that the public debt shall not be questioned. There's reason to believe the debt limit law is unconstitutional. They could also — there's a very strange law that says that the Treasury could mint a trillion-dollar coin and use that to offset borrowing authority for a short-term period. Whatever needs to be done to end this hostage taking of the full faith and credit of the U.S. government needs to be done. And if Democrats are going to do this on their own, they need to find a way to do it permanently, so that we're not in this position ever again.

AMY GOODMAN: We're going to break and then come back to this discussion. David Dayen is the executive editor of The American Prospect. He has written the piece "Pelosi Tries to Bulldoze Progressives on the Infrastructure Bill: But she claims it must pass to avoid an expiration of highway funding. That's just not true," he writes. Stay with us.

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AMY GOODMAN: "Carnival of Souls" by Combustible Edison. This is Democracy Now!, democracynow.org, The War and Peace Report. I'm Amy Goodman, with Juan González, as we continue to look at these high-stakes negotiations unfolding on Capitol Hill, as House progressives say they'll "hold the line" and oppose the $1 trillion bipartisan infrastructure bill, after House Speaker Nancy Pelosi said she's seeking a vote on the measure Thursday — that's tomorrow — without a commitment to also pass the Build Back Better Act, the $3.5 trillion, 10-year bill that expands the social safety net and combats climate change.

On Monday, Congressmember Ilhan Omar responded to the recent delay of the infrastructure vote on Twitter. She said, "The whip count was right, we aren't bluffing. When the bills are up in tandem and we will put our votes on the board, that's the deal."

David Dayen is our guest, executive editor of The American Prospect, who is following this, to say the least, extremely closely.

I wanted to ask you both about the power of the Progressive Caucus right now, what this means — do you think Nancy Pelosi will put off this vote? — but also, even how Manchin and Sinema are talked about, talked about as centrist or moderate Democrats as opposed to conservative or corporate Democrats.

You have, for example, Joe Manchin, chair of the energy panel, the largest Senate recipient of campaign donations from the oil, coal and gas industries.

And then you have the headline yesterday on Arizona Democratic Senator Kyrsten Sinema holding a fundraiser with five business lobbying groups that oppose the massive spending bill containing some of the Biden administration's top legislation priorities, according to The New York Times, which reported that the attendees were being asked to pay up to $5,800 to Senator Sinema's campaign, saying she opposed the spending bill's price tag of $3.5 trillion, the legislation also increasing taxes on wealthy individuals and corporations in order to expand the social safety net, improve worker rights and combat the climate crisis. So she goes back and forth from the White House to the fundraiser, David Dayen?

DAVID DAYEN: Right. Yeah, I mean, this is about as close to quid pro quo corruption as you can possibly get, sitting there with business groups who are opposed to this bill. Yeah, I mean, I think "corporate Democrats" is probably the way to do it.

I mean, one thing that's very interesting is that frontline members — these are the House members that are in swing seats, which are most at risk in the next elections — they support this bill. They support the Build Back Better Act, because it gives tangible results to their communities. It has not been these swing-seat Democrats who have been the problem here. It's more Democrats who receive a lot of corporate funding who oppose elements of the bill or, in the case of Manchin and Sinema, seem to oppose all of the bill — or, actually, we don't know what they oppose, because they won't say. And they've frozen the process.

This is a very interesting moment with respect to the Progressive Caucus, though, Amy, because, traditionally, Pelosi has been able to find votes on her left. She has forced the Democrats in the Progressive Caucus to take whatever they can get. And this is a rare moment of activism for the Progressive Caucus. They have really — they have held the line. They have put a lot of credibility into this idea that we're only going to go in tandem to pass the entire Biden agenda. This was a deal that was cooked up by Pelosi and Chuck Schumer and Joe Biden. They said, "We're going to do a two-track process." And progressives are holding them to it. And this really is a major moment, I think, for the Progressive Caucus, for their credibility, for their viability, and to show that they are a force in Congress.

JUAN GONZÁLEZ: And, David, how could the results of what happens in the next week shape the outcome of elections in 2022 and 2024? And also, how do you judge President Biden's direct involvement here, in terms of him being able to show that he's a president who, after so many years in Congress, in the Senate, can be able to get the legislative body to act according to his wishes?

DAVID DAYEN: Well, like I said, if you talk to frontline members, they'll tell you they need this Build Back Better Act in order to have a shot in 2022. I mean, Democrats have to show that they can govern. And the way that they can do that is by getting things on the books that are tangible, that deliver immediate results, things like the child tax credit, $3,600 for children under 6 for all families and $3,000 for kids between the ages of 6 and 17; expanding Medicare to cover dental and hearing and vision benefits; expanding the subsidies in the Affordable Care Act and, for states that have not expanded Medicaid, giving those individuals that fall into that Medicaid gap the ability to access healthcare. These are things that these frontline members think are absolutely crucial.

As far as Biden is concerned, you know, he's been sort of tangentially engaged. He obviously had that meeting with Manchin and Sinema. He has been frustrated by not being able to get any kind of results out of them. And this really is a moment where presidents do have to lead. And, you know, it's unclear exactly what leverage he might have over Manchin and Sinema, who really see themselves as these sort of corporate free agents. But whatever stops he needs to pull out, he needs to do it now, because not only does it threaten his majorities in Congress in 2022, but it threatens the ability for Democrats to win the White House in 2024.

AMY GOODMAN: Juan, I wanted to put this question to you. We're looking at the Biden agenda today, and I wanted to ask you about something The Washington Post reported on this week in a story headlined "The curious case of Puerto Rico's Medicaid funding": quote, "Puerto Rico was barreling toward a Medicaid funding cliff that it'd go over on Sept. 30. Congress was racing to prevent the fragile safety net program from losing hundreds of millions of dollars. But suddenly — and unexpectedly — part of the crisis was averted. Quietly, the Biden administration interpreted language from recent laws providing dollars for the territories' Medicaid programs." This is the governor of Puerto Rico, Pedro Pierluisi, speaking in June to CBS about meeting with members of Congress, as well as White House officials, to discuss the island's Medicaid program.

GOV. PEDRO PIERLUISI: Yes, I am right now in Washington, D.C., meeting with members of Congress, meeting with White House officials. And yeah, that's the first topic of conversation. We have a Medicaid program in Puerto Rico, but it doesn't — we don't have the same treatment that the states get across the nation. Right now the funding we're getting, most of it, ends September 30th. So, what's happened, we call it a Medicaid cliff. Congress will have to address this, because our health program would collapse if it doesn't. That's unfortunate. We should have either a permanent participation in this program on an equal basis as the states or at least long-term funding, a 10-year deal, so that we can budget for this and we can provide the basic health services that a lot of our population needs.

JUAN GONZÁLEZ: I think the problem — yeah, the —

AMY GOODMAN: So, that was Governor Pierluisi. If you can explain what's going on right now?

JUAN GONZÁLEZ: Well, I think that the problem has been — this is a long-running problem; it's been in existence now for decades — is that the territories of the United States, of which Puerto Rico is by far the largest and the most important, are always funded when it comes to things — entitlement programs like Medicaid, and even, additionally, with Social Security Disability or SSI, at levels far less than the 50 states. And this is only made possible by Supreme Court decisions that go way back to the early 1900s, the Insular Cases, that basically say the U.S. citizens on these territories are not really part of the United States, and so Congress can thereby legislate differently for them.

And I'd like to ask David, because this is part of, I guess, the continuing resolution that you say will hopefully be passed today. The Biden administration is trying to equalize at least the Medicaid funding for Puerto Rico. And do you have any sense whether there's going to be a success in that, in the continuing resolution?

DAVID DAYEN: Well, I mean, what the Biden administration did was through their administrative authority, and they actually took action on this to increase the amount available for the food stamp program on a per person basis. They've done some things administratively to lighten the burden and to increase this help.

But one big problem is that all of this tied to pandemic relief. And what we've seen is the willingness, on the part of the administration and on the part of Congress, to allow pandemic relief to roll off. We saw this with the eviction moratorium, which was then reinstated, but the Supreme Court overturned it. We saw this with unemployment benefits, the extension of those which expired on September 6. There are more programs, like paid leave, which was in on a temporary basis, that is going to expire on the 30th, in addition to this additional funding for the territories, like Puerto Rico. So, this is a larger problem of the pandemic relief slowly fading away, despite the fact that we're still 5 million jobs down from where we were before the pandemic, despite the fact that there's still a lot of need out there, and despite the fact that, in the case of the territories, this is a historical inequity that does require some congressional action. So I'm not sure exactly whether that gets fixed in the continuing resolution. I know that the Biden administration is looking to see if there are steps they can take on their own authority to remedy this.

AMY GOODMAN: And finally, David Dayen, if you can just talk about what people should be watching out for today? And how can people weigh in?

DAVID DAYEN: Well, I mean, obviously, the first answer is to call your member of Congress. We're looking like we're going to have a vote. As you know, there's a three-vote margin for Democrats in Congress. There are a handful of Republicans that are likely to vote for this bipartisan infrastructure bill, but probably not more than 10. So, if there are at least 13 or 15 or even 20 members who — among Democrats and progressives, who are going to vote against this bill, it's not likely to pass. And so, this idea that they stand with the deal that was made is — that would threaten the bill.

And, by the way, it wouldn't kill the bill forever; it would just say, "Look, we're not going to vote for this until there's a deal on everything." And, you know, if the progressives do have enough votes to stop it on Thursday, I suspect negotiations will continue, and eventually, if they get to a deal, then both bills will pass.

AMY GOODMAN: We want to thank you so much for being with us, David Dayen, executive editor of The American Prospect. His latest piece, "Pelosi Tries to Bulldoze Progressives on the Infrastructure Bill: But she claims it must pass to avoid an expiration of highway funding. That's just not true," he writes. Well, he also wrote about how the "Interlocking Crises in Congress Have Simple Solutions." His latest book, Monopolized: Life in the Age of Corporate Power.

Next up, we'll be talking about the German elections, where the center-left Social Democratic Party declared victory in Sunday's election, putting an end to the 16-year reign of Angela Merkel's conservative leadership. We'll speak with Yanis Varoufakis, the former finance minister of Greece, who negotiated with Merkel and international creditors years ago, when they demanded harsh new austerity measures for the European bailout of Greece. We'll also talk about the new military deal between the United States, Australia and Britain, and what Greece has to do with that. And we'll talk about the climate crisis and more. Stay with us.

Conservatives claim to hate 'cancel culture' — but it's the heart of the right-wing agenda

You know who's not canceled? The endless parade of conservative pundits and politicians complaining about "cancel culture." You know who is canceled? George Floyd is canceled. Breonna Taylor is canceled. Ma'Khia Bryant is canceled. Andrew Brown Jr. is canceled. They are the true victims in America's longest-running culture war. Anyone who tells you different is just gaslighting. You want "cancel culture"? America is plagued with cancel culture. And no one is more American than conservatives, as they never cease reminding you.

Despite earlier boutique appeal, the term "cancel culture" had only faintly registered with the broader public before the July Fourth holiday last year (Google trends), when then-President Donald Trump gave a speech at Mount Rushmore, warning of "a growing danger that threatens every blessing our ancestors fought so hard for," and saying that his opponents' "political weapons" included ''cancel culture' — driving people from their jobs, shaming dissenters, and demanding total submission from anyone who disagrees."

It was a ludicrous accusation coming from the man who's signature line — "You're fired!" — was the quintessential expression of actually-existing cancel culture. More recently, Trump had been the main driver of the cancellation of NFL Colin Kaepernick, demanding not just that the NFL quarterback be fired, but driven from the country. That absurdity prompted CNN fact-checker Daniel Dale to post a list of people or institutions Trump had called out to cancel on Twitter over the years, ranging from corporations like AT&T, Apple and Macy's to newspapers like the Dallas Morning News and the Arizona Republic to liberal commentators like Paul Krugman and Touré and even conservatives like Karl Rove, Rich Lowry, Charles Krauthammer and Jonah Goldberg.

But now that Trump himself has been canceled by the votes of 81,268,924 Americans, "cancel culture" has become a go-to weapon of choice for Trumpian conservatives, fueled by a branded string of stories in conservative media, including the New York Post, Breitbart, the Daily Caller and the Daily Wire. With Trump himself no longer dominating news cycles 24/7, there's a huge void to fill. Conservative "cancel culture" panic helps fill that void by providing a shared cookie-cutter framework to both fuel and give shape to that panic — which is in fact a genuine cultural panic about the white right's loss of power to impose its worldview, and resulting judgments, on others. To hold onto power, conservatives are committed to building the "cancel culture" narrative, casting themselves as victims — along the lines of my December Salon story on perceived victimhood.

A meaningfully meaningless term

As Media Matters editor Parker Malloy argues, regarding the terms "cancel culture," "woke" and "identity politics": "Whatever real definitions these words had before they were co-opted by the right have been diluted to the point of meaninglessness." For conservatives, that meaninglessness is a feature, not a bug. Those words mean whatever a right-wing accuser needs them to mean in the moment. They are talismanic terms, representing the very cultural power the right feels itself losing in today's rapidly changing world. "Cancel culture" in particular has a profound Orwellian or even Nietzschean power: a transvaluation of values, transforming a moment of existential loss into one of triumph, at least for as long as we let them get away with it.

There are, however, two modest constraints on meaning we can observe: the notions that cancel culture is something new, and that it comes exclusively from the left. The reality is exactly the opposite. For as long as culture has been changing, conservatives have tried to stop it by suppressing or demonizing anything that challenges their worldview. Not all conservatives, of course, and not in all ways. But this has been a central thrust of conservative thought, not just in the modern political era, when the terms "liberal" and "conservative" emerged, but as far back as ancient Greece, as Eric Alfred Havelock showed in "The Liberal Temper in Greek Politics."

In American history we can see dramatic examples of conservative cancel culture in the Alien and Sedition Acts, in the 4,743 post-Civil War lynchings to terrorize and suppress black political power, in the post-World War I Palmer Raids, in which 10,000 were arrested and 556 deported, in the McCarthy era, during which hundreds were imprisoned and 10,000 to 12,000 Americans lost their jobs — including the long-neglected anti-gay Lavender Scare — and in the FBI's COINTELPRO Program, which targeted the 1960s civil rights and anti-war movements, labelling Martin Luther King Jr.'s SCLC as a Black nationalist "hate group." Trump's obsession with canceling people he fears fits squarely within this historical tradition. After all, his political mentor and second father-figure was Joe McCarthy's lead investigator, Roy Cohn. We shouldn't be the least bit surprised or confused by the cancel culture hysteria being promoted today as a front for the same evils it pretends to be fighting against.

Still, the term itself is new compared to this centuries-long history, so it warrants clarification. In early April, the Washington Post's Clyde McGrady provided an excellent guide, "The strange journey of 'cancel,' from a Black-culture punchline to a White-grievance watchword." McGrady offers a concise cultural history, from legendary songwriter/producer Nile Rodgers' experience with a bad date, rendered into the 1981 Chic song "Your Love Is Cancelled" to its appearance in "New Jack City" a decade later to 2000s songs "Hustler's Ambition" by 50 Cent and "I'm Single" by Lil Wayne and finally to Black Twitter.

"Declaring someone or something 'canceled' on Twitter was not really an attempt to activate a boycott or run anyone from the public square," McGrady explains. "Saying someone was 'canceled' was more like changing the channel — and telling your friends and followers about it — than demanding that the TV execs take the program off the air."

It's worth highlighting that Rodgers' bad-date experience at the root of all this sprang from his working-class common man rejection of tossing his cultural weight around:

[A]t heart, he was still a humble kid whose parents had struggled with drug addiction and who felt fortunate to have made it as far as he did. So, when his date asked the maître d' to remove people from a table so they could sit there instead, Rodgers bristled. …

Her attempt to use his celebrity to push people around was a dealbreaker. "No, no, no, I don't do that," Rodgers remembered explaining. "I don't play that card."

In short, canceling everyday people in the way that conservatives portray "cancel culture" to work was the exact opposite of what motivated Rodgers to coin the term in the first place, as well as how it's been used on Twitter. Think about that anytime you hear the term used.

You should also think of everything conservatives are doing — or trying to do — right now to cancel the views of those they disagree with. The following are just a few prominent examples. In each case, it's about those who wield power "canceling" — or at least trying to cancel — those who would challenge them. Their efforts to cancel democracy at the ballot box (with 361 bills in 47 states as of March 24) and in the streets (81 anti-protest bills in 34 states as of April 21) are deadly serious threats to American democracy.

But the right's most persistent, long-running cancel-culture attacks center on education. As Fairness and Accuracy In Reporting noted on William F. Buckley's death, "Buckley's career began in 1951 with the publication of 'God and Man at Yale,' an attack on his alma mater that urged the firing of professors whom he felt were insufficiently hostile to socialism and atheism."

Cancel culture in education

In March, Boise State University abruptly suspended all 52 sections of a required general education course, "Foundations of Ethics & Diversity," citing "allegations that a student or students have been humiliated and degraded in class on our campus for their beliefs and values." Suspending 52 sections of a required course without investigation for perhaps a single student complaint is of course wildly out of bounds, as pointed out by John K. Wilson at the Academe blog:

Even if one instructor had done something terrible in one class, that would only justify (in the most extreme cases) suspending that instructor temporarily and finding a substitute to continue the class. It could not justify suspending all 52 classes in which there was no evidence of any misconduct.

Shedding light on the over-reaction, The Foundation for Individual Rights in Education reported, "The cancellation of the classes comes after more than a year of lawmakers' efforts to rein in classes at Idaho universities and colleges." But the legislature wasn't acting on its own, as Wilson made clear:

The Idaho legislators are being pressured by right-wing nonprofits who demand censorship of liberal ideas on campus. A December 2020 report from the right-wing Idaho Freedom Foundation and the Claremont Institute declared that "eliminating social justice initiatives at Idaho's universities is necessary for meaningful reform, as well as disrupting their ability to provide stable careers for social justice advocates." The report called for the state legislature to act by "penalizing universities that continue to emphasize social justice education." This report urged the state legislature to violate academic freedom and ban classes it deemed too liberal: "Direct the University to eliminate courses that are infused with social justice Ideology." Leading right-wing think tanks are actively demanding a ban on courses based on their ideology. This is an example of conservative cancel culture far more extreme than anything pushed by left-wing activists.

The report doesn't just call for eliminating individual courses, however. It calls for the elimination of five whole departments — Gender Studies, Sociology, Global Studies, Social Work and History — that it claims are infused with "social justice" ideology. (A sixth blacklisted department has since been added: Criminal Justice.) Eight other departments (later updated to nine) are on a watch list of sorts, judged to be "social justice in training." What conservatives want here is strikingly similar to what Viktor Orbán has done in Hungary, where he's just announced the privatization of 11 public universities, to be run by political allies.

Boise State's recklessly illegal actions are just the tip of the iceberg. On April 15, Education Week reported that Republican lawmakers in eight states (including Idaho) have drafted bills restricting how teachers can discuss racism and sexism. "The bills use similar language as an executive order former President Donald Trump put in place to ban diversity trainings for federal workers," it reported.

Georgetown political scientist Donald Moynihan saw all this coming years ago. In a New York Times op-ed just before Trump took office, Moynihan — then at the University of Wisconsin — focused attention on what was really happening where he worked.

"At least three times in the past six months, state legislators have threatened to cut the budget of the University of Wisconsin at Madison for teaching about homosexuality, gender and race," his article began. All the discussions focused on the dangers of "political correctness" (the buzzword of choice before "cancel culture") bore no relation to his own experience teaching at public universities in three states over 14 years. "Students can protest on the campus mall, demanding that policies be changed; elected officials can pass laws or cut resources to reflect their beliefs about how a campus should operate," he wrote. "One group has much more power than the other."

I asked Moynihan about how he came to write that piece when he did. Here's what he said:

I was first engaged on speech issues when the then-governor of Wisconsin, Scott Walker, proposed to remove "the search for truth" from my university's mission statement. (He would later claim it was a typo.) He then reduced tenure protections for faculty and new policies that would have made it easier to bring guns on campus.

Republican politicians would talk about free speech on campus, but seemed to be intent on eroding the conditions to protect such speech. Politicians were also willing to target faculty members. The chair of the Assembly Higher Education committee started monitoring faculty syllabi and calling for the firing of faculty whose courses he did not like.

That was when I spoke out…. It seemed deeply unfair that state officials would so blatantly use their power to determine what was, and what was not, acceptable speech. ...

Soon after a Ben Shapiro talk was interrupted for about 10 minutes the legislature proposed and the conservative Board of Regents adopted a new set of policies that they said protected free speech but effectively forced campuses to punish students for protest. Our Board of Regents was almost uniformly conservative appointees who seemed to see it as their job to attack the institution they had been appointed to represent.

I'll have more to say about Shapiro's role below. But it's part of a broader campaign. "Conservatives have been successful at demonizing the people who work on campus — faculty, staff and students — as threats to free speech," Moynihan told me. "Attacking universities became a staple of the far right, propelled by an entire ecosystem of media funded by donors like the Koch or DeVos families, such as Campus Reform. [More on them below, too.] Tucker Carlson had a themed segment called 'Campus Craziness.'"

Worse than that, Moynihan said:

The mainstream media bought it. It wasn't just on the right. Journalists at the Atlantic or writers in the New York Times told us that students were becoming dangerously intolerant, and faculty were brainwashing them. My op-ed in the Times was one of the few that pushed against that general narrative. The dominant narrative, even in places like the New York Times, was that conservative speech was being suppressed, and the students and faculty were the villains. Someone counted this! They found that over an 18-month stretch, there were 21 op-eds about the suppression of conservative speech but just three, including mine, on conservative threats to speech.

Remember: Moynihan's op-ed ran just days before Trump took office, having made complaints about "political correctness" a recurrent campaign theme.

"Once the general narrative was established, even trivial examples — students at Oberlin complaining about food names - were presented as serious and representative threats to speech," Moynihan continued. "There were also a series of college tours by people like Milo Yiannopoulos, Ann Coulter and Ben Shapiro who said offensive things designed to enrage people, and then generated protests and interruptions that embellished their brands as fearless free-speech champions."

In March 2018, Sanford Ungar reported on results from the Georgetown Free Speech Tracker:

[M]ost of the incidents where presumptively conservative speech has been interrupted or squelched in the last two or three years seem to involve the same few speakers: Milo Yiannopoulos, Ben Shapiro, Charles Murray, and Ann Coulter…. In some instances, they seem to invite, and delight in, disruption.

At Vox, Zack Beauchamp put a finer point on it:

What Ungar is suggesting here is that the "campus free speech" crisis is somewhat manufactured. Conservative student groups invite speakers famous for offensive and racially charged speech — all of the above speakers fit that bill — in a deliberate attempt to provoke the campus left. In other words, they're trolling.

Trolling takes other forms as well, as Alice Speri reported for the Intercept in early April. Her story carried the subhead, "Campus Reform and its publisher, the Leadership Institute, are siccing armies of trolls on professors across the country." Campus Reform purports to expose "liberal bias and abuse on the nation's college campuses," but regularly relies on misrepresentation, first to elicit faculty comments and then to mis-report them, making them seem as sinister as possible. "Over the last several years, Campus Reform has targeted hundreds of college professors," Speri reported, "leading to online harassment campaigns, doxxing, threats of violence, and calls on universities to fire their faculty."

A Trinity College assistant professor, Isaac Kamola, "has tracked more than 1,570 stories posted on Campus Reform since 2020 and surveyed the 338 individuals they targeted." He "found that at least 40 percent of respondents received 'threats of harm' following a Campus Reform article, mostly via email and social media." She goes on to say, "Less than half the people surveyed by Kamola reported receiving support from their universities' administrations, and more than 12 percent reported facing disciplinary action as a result of a Campus Reform story. Three people said they lost their jobs."

In short, they were canceled. And no one put them on national TV to talk about it. That's just one more way in which conservative gaslighting about cancel culture advances the very thing conservatives claim to be concerned about.

"Having created the narrative of the intolerant liberal campus as a problem, conservative politicians could propose a solution," Moynihan continued. "They could make a case for why their policing of speech on campus was actually protecting free speech. They effectively persuaded many that politicians should be trusted to monitor speech on campus, more than the people who lived on campus and have historically done a pretty good job of protecting speech."

But none of this matched reality. "Wisconsin has a long history of protest and counter-protest on campus, some of it quite violent. The idea that students had suddenly become aggressive seemed clearly wrong to me," Moynihan recalled. "These terms I kept hearing just did not fit with my experience with the students I engaged with. The gap between my lived experience on campus and what was being portrayed in the media was large."

At the same time, "I looked around the world and saw a very disturbing trend: Authoritarian governments in places like Hungary, Turkey and China were policing speech on campus as part of their effort to stifle dissent, using many of the same tools that U.S. state legislatures are adopting," Moynihan said. "For example, a bill in Florida encourages students to record and monitor their professors to expose their views. What could be more chilling to speech in the classroom? This is the same tool that China uses to control universities: Student informers report any dissent against the party."

Canceling democracy at the ballot box

Trump's refusal to accept his defeat in the 2020 election was the epitome of attempting to cancel democracy. But it was only an intensification of processes already underway. Republicans have only won the popular vote for president once in eight elections since 1988. They have not represented a majority of voters in the Senate since 1996. Their $30 million REDMAP project in 2010 created the most sweeping partisan redistricting of the House in US history, as former Salon editor in chief David Daley recounted in "Ratf**ked." Baseless claims of voter fraud have been repeatedly invoked in justifying and motivating voter suppression efforts. More broadly, a new study of state-level democratic backsliding since 2000 found that "Republican control of state government, however, consistently and profoundly reduces state democratic performance during this time period."

Still, what's happening now goes considerably further. A majority of Republicans refuse to believe Biden legitimately won the election, leading to an avalanche of new voter suppression bills — 361 bills in 47 states as of March 24, according to the Brennan Center, which reported:

Most restrictive bills take aim at absentee voting, while nearly a quarter seek stricter voter ID requirements. State lawmakers also aim to make voter registration harder, expand voter roll purges or adopt flawed practices that would risk improper purges, and cut back on early voting.

Sharply underscoring the cancel culture motivations — the conflict between established state power and shifting public opinion — the report continued: "The states that have seen the largest number of restrictive bills introduced are Texas (49 bills), Georgia (25 bills), and Arizona (23 bills). Bills are actively moving in the Texas and Arizona statehouses, and Georgia enacted an omnibus voter suppression bill last week."

The most infamous aspect of the Georgia law is its restriction on giving water to people waiting in long lines to vote. But as election law expert Rick Hasen explained in a New York Times op-ed, there's something even more sinister involved, a "new threat of election subversion" that "represent[s] a huge threat to American democracy itself." Specifically, "The Georgia law removes the secretary of state from decision-making power on the state election board," which is aimed at Brad Raffensperger, who refused to "find" 11,780 votes to overturn Biden's victory. "But the changes will apply to Mr. Raffensperger's successor, too, giving the legislature a greater hand in who counts votes and how they are counted," Hasen explained.

It's hardly an isolated case, he noted: "According to a new report by Protect Democracy, Law Forward and the States United Democracy Center, Republican legislators have proposed at least 148 bills in 36 states that could increase the chances of cooking the electoral books." More precisely, the press release says:

Many of the bills would make elections more difficult to administer or even unworkable; make it more difficult to finalize election results; allow for election interference and manipulation by hyper-partisan actors; and, in the worst cases, allow state legislatures to overturn the will of the voters and precipitate a democracy crisis. If these bills had been in place in 2020, they would have significantly added to the turmoil of the post-election period, and raised the prospect that the outcome of the election would have been contrary to the popular vote.

This is what a real cancel culture crisis looks like. And it's 100% conservative from top to bottom. There are of course some individual conservatives who strongly object — but nowhere near enough.

Canceling democracy in the streets

But democracy doesn't begin and end at the polls. The First Amendment protects basic freedoms that make meaningful democracy possible, including "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Republicans have been busy trying to cancel our democracy on this front as well, with 81 anti-protest bills introduced in 34 states during the 2021 legislative session, "more than twice as many proposals as in any other year, according to Elly Page, a senior legal adviser at the International Center for Not-for-Profit Law," the New York Times reported on April 21. (Those laws are tracked here.)

"Republican legislators in Oklahoma and Iowa have passed bills granting immunity to drivers whose vehicles strike and injure protesters in public streets," the Times reported. But that's just the tip of the iceberg. "We've seen at least 15 bills introduced that would create new immunity for drivers who hit protesters with their cars," Page's colleague Nick Robinson told Democracy Now! on April 26. That just one of many objectionable features in a recently-passed Florida bill that Gov. Ron DeSantis signed while claiming it was as "anti-rioting." The ACLU of Florida characterized it instead as "anti-protest." Just three people would be enough to constitute a "riot" and 26 would constitute an "aggravated riot," potentially facing long prison sentences.

"Under this new bill, let's say you just go to a protest, and a handful of people kick over a trash can. Just by being part of that crowd, you can be arrested and prosecuted for rioting and face a felony," Robinson explained. "Actually, under the law, no one actually has to commit any violence at all. If there's just a danger to property, then people can be arrested for rioting."

In short, this a naked governmental power grab, meant to squelch popular protest, and aimed specificallyat Black Lives Matter protesters. How do we know? Florida lawmakers said as much, and they included a provision blocking any Florida city or county from cutting police budgets without explicit permission from the state.

Conservative anti-protest cancel culture is nothing new, of course. The Palmer Raids were supposed to head off a Russian Revolution-style violent uprising, but only turned up a total of four pistols from thousands of arrests. More recently, Republican state lawmakers have focused on criminalizing climate activism, as the Brennan Center reported in March:

Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year.

The laws are based on post-9/11 national security legislation to protect vital physical infrastructure, "but most state critical infrastructure laws focus more narrowly on oil and gas pipelines," the Center noted. "While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal."

And there's one final conservative cancel culture twist: the question of who's calling the shots:

Many laws are modeled on draft legislation prepared by the American Legislative Exchange Council, also known as ALEC, a powerful lobbying group funded by fossil fuel companies like ExxonMobil and Shell.

Cancel culture In Congress

Those are three broad areas where conservative cancel culture is both widespread and deeply dangerous to democracy. But that's hardly the whole story. Consider what's happened with two key Biden appointments, Vanita Gupta, for Associate Attorney General, and Kristen Clarke to head the DOJ Civil Rights Division. Both were subject to dishonest, racist right-wing smear campaigns, as CNN reported, and Gupta was confirmed 51-49, with just one Republican vote (Sen. Lisa Murkowski of Alaska) on April 21. Both were relentlessly portrayed as dangerous extremists, when they've actually been leaders of mainstream civil rights organizations — the Leadership Conference on Civil and Human Rights (Gupta) and Lawyers' Committee on Civil Rights Under Law (Clarke). Both were attacked for supposedly being anti-police (no racial stereotyping there, right?) even though both had been endorsed by police organizations, including the Fraternal Order of Police (Gupta) and the Major Cities Chiefs Association (Clarke).

The attacks on them were part of a broader pattern of attacks on nominees who are women and/or people of color, including Xavier Becerra (Health and Human Services), Deb Haaland (Department of Interior) and Neera Tanden (Office of Management and Budget). Becerra was confirmed 50-49 — with Sen. Susan Collins of Maine as his only GOP vote — while Tanden's nomination was withdrawn.

All this is simply accepted as normal now, but it's prima facie evidence of a concerted conservative cancel-culture effort to stifle the voices of key Democratic constituencies. It's visible in the broad reach of voter suppression efforts, of protest suppression efforts and curriculum suppression efforts as well. They've all but given up on advancing anything like a governing agenda. At the Atlantic, Ron Brownstein observed:

With their opposition to President Joe Biden's infrastructure plan, Republicans are doubling down on a core bet they've made for his presidency: that the GOP can maintain support among its key constituencies while fighting programs that would provide those voters with tangible economic assistance.

To accomplish that, they have to cancel reality itself. No problem — Republicans have been doing that for decades. The only difference now is that they've stopped doing anything else.

Inside the Capitol riot: What more than 500 Parler videos reveal

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The man's smartphone camera pans the crowd on the east side of the U.S. Capitol. It's smaller than what had amassed on the west side, but still an impressive sight. As he pans from atop the steps, he gives a front-line dispatch at 2:10 p.m., an hour after President Donald Trump had finished his remarks goading on the thousands of supporters who had come to Washington to protest the official certification of his electoral defeat.

“The cops were shooting us for a while, then they stopped," the man says, referring to an earlier series of flash-bang grenades. “We're up on the Capitol. I think they're going to breach the doors. It's getting serious. Someone's going to die today. It's not good at all."

He was right. Someone did die during the assault on the Capitol — not just one but five people, not counting the Capitol Police officer who took his own life three days later. And no, it was not good at all. It was an ignominious catastrophe the likes of which the country had never seen before.

But there was something else that set the attack apart: Not only had we not seen something like this, but we had never been able to see any major civil clash in the way we did this one, thanks to a seemingly limitless trove of video documentation. The internet has been awash with viral clips taken by participants and members of the news media — of one police officer being brutally beaten in the crush of a mob, of another officer leading attackers away from the Senate chamber, of outlandishly dressed invaders in the Capitol.

In fact, there is vastly more video to examine because of the circumstances of this protest-turned-invasion. Not only were a great number of the participants using their smartphones to document themselves and their compatriots as they launched the attack, but many of them in turn shared the footage on Parler. That social media service had of late become the right's chosen alternative to “Fascist-book," as one participant at the Capitol referred to Facebook. Parler's failure to “effectively identify and remove content that encourages or incites violence against others" led Amazon to expel the site from its cloud-hosting servers.

Some people managed to grab the material before Parler went down, and one of them shared a trove of videos with ProPublica. We culled the collection to some 500 videos uploaded to Parler by people in the vicinity of the White House and Capitol on Jan. 6, and sorted them by time and location, thus giving the public an immersive experience that would previously have been impossible to achieve without being there amid the clouds of tear gas and pepper spray and the crush of bodies pressing toward their goal.

The videos are certainly not the last word on the subject, but taken together they do help us answer two key questions about the mob: Who were they and what were their motivations? In a decade, historians will still be writing doctoral dissertations about these questions, just as they did about the crowd that stormed the Bastille on July 14, 1789 or the mob in Adolf Hitler's beer hall putsch. But these Parler videos deepen our understanding and take us beyond the glimpses visible so far from the relatively small number of people who have been charged with crimes.

To watch most of these videos, as I sought to do in recent days, and see the seat of our representative government turned into the object of a violent attack by fellow Americans is overwhelming. And what struck me most about them is just how much this assemblage of people assaulting the Capitol reminded me of people I had seen and spoken with over the years at regular Republican campaign events, going all the way back to Sarah Palin's electric appearances in 2008. At my first Trump rally in 2016, at an airplane hangar outside Dayton, Ohio, I had been amazed by the cross section on display: There were husbands in golf caps with well-manicured wives, frat boys, fathers with sons. All of them, all that year, had thrilled to Trump's toxic rambles about heroin-toting Mexicans, Democratic voter fraud (a theme he had picked up from plenty of more conventional Republican politicians) and “the swamp" in Congress. Never mind that the Republican Party controlled the lower chamber of the legislature for eight years of the decade and the upper chamber for six.

And now here were many of the same people, or at least, the ones with the means and will to make the trip, a sort of travel-team self-selection of the usual crowds, combined with ranks of the white-supremacist warriors who had descended on Charlottesville, Virginia, in 2017. As at all those rallies, there were the rootless young men spoiling for a fight, and there was also a huge range of more bourgeois sorts — from people who presented as suburban dads to one real estate agent who flew in by private plane, announcing her plans to “storm the capitol" on Facebook — eager for a spectacle, or something more. And they were saying the same things I'd been hearing from them for years.

Except there was one difference: They were actually there, in Washington, at the Capitol — the very targets of their rhetorical fury all those years. And one way of looking at the videos is that they are the story of thousands of people discovering the connection between the rhetoric and the fact of their presence there, at the actual building. Some are so stunned by the connection that they don't really know what to do about it and mostly hang back. Many others respond to the sudden proximity as if a forgotten, dust-covered cord had been plugged into a power source. They feel the inexorable surge, and they advance.

Another man is panning with his camera from atop the inaugural stands on the east side of the Capitol. “They're firing their tear gas at us, the flash-bang grenades, but there's nothing they can do," he says. “And we said, screw it, you've only got so much tear gas. They shot it all and now look, we took it over. This is our house. This is not their house. Our tax money pays for their salaries, our tax money pays for everything. It pays for their freaking $40,000 furniture allotment for their offices while we have families starving in the street."

Our house. It is the most dominant phrase of any of the chants shouted by the mob as it presses into the Capitol. It is an expression of entitlement — white nativist entitlement, as many have noted: This is our house, our country. It's the entitlement that leads one invader to pick up a phone in a Capitol corridor in one video and say: “Can I speak with Pelosi? Yeah, we're coming for you, bitch. Mike Pence? We're coming for you too, fucking traitor."

What is striking about the videos, though, is how often this entitlement is laced with insecurity. The attackers profess ownership of this house, but so much of their commentary betrays discomfort and alienation within it, bordering on a sort of provincial awe. “This is the state Capitol," a man says to his young female companion inside the visitor center, his struggle to grasp the grandeur of the place encapsulated in his incorrect terminology. “It's amazing," she says, as a man dressed as a Roman centurion, complete with sandals, wanders by.

Upstairs, an invader rushes into the Capitol Rotunda with the mob, but then he can't help himself. He turns astonished tourist, as his camera sweeps up to the dome. Outside, a young man in the crowd pressing past the inaugural stands' scaffolding shouts out to no one in particular: “All these fucking years I couldn't see in here. I'm going to see it today!" Nothing, in fact, had ever kept him from seeing this public building. But in his mind, he had been barred.

The uncertainty of the claim to possession of the house manifests itself in the mob's ambivalence about whether to trash it. Again and again, various people in the crowd decry those who are actually trying to do the violent work of breaching the building that the mob is pushing to enter. When a pudgy-cheeked young man jumps up onto the sill of a large window on the east face and smashes in four panes with his fists and feet and several cops rush over to tackle him, an onlooker shouts out: “The police are just doing their job. He's breaking the law!" When a middle-aged man climbs up to one of the arched windows over the West Terrace doors that would become the site of the most violent clashes and starts trying to smash it in with a heavy tool, many in the crowd lash out at him as others pull him down. “Oh God no, stop! Stop!" “What the fuck is wrong with him?" “He's Antifa!"

And when two men who have, to great applause, climbed up onto a painter's rig dangling in front of the building start trying to break the windows, the crowd turns on them. “Don't break my house!" someone shouts. “No, no, no." It's not hard to imagine the perplexity on the part of those attempting the violent break-in: Are you all trying to invade this building, or aren't you?

The shakiness of the claim of ownership is also apparent in the now-famous moment of Capitol Police Officer Eugene Goodman shrewdly leading the invaders up the stairs and away from the Senate chamber, which one of the Parler videos shows from the perspective of the mob. They might as well be Visigoths sacking Rome, so out of place are the trespassers here. (Driving home the barbarian comparison is the cry of another attacker: “Where are the fucking traitors? Drag them out by their fucking hair.") The invaders' disorientation is plain as they follow Goodman up the stairs, haplessly dependent on his guidance even as they threaten him. “Where's the meeting at?" one calls out. “Where do they count the fucking votes?"

Soon afterward, some marauders do reach the Senate, but it is by this time emptied of senators. They stand aimlessly in the balcony. “Where did you go?" one of them calls out. Another shouts, to no one in particular, “This is our house." But there is less conviction than ever behind the declaration. If it was indeed their house, would they have been stood up like this?

The flash-bang grenades sail into the crowd on the west side of the Capitol. “Fuck you, fucking traitors," shouts someone as they explode. “Fuck you!"

The traitors are, in this instance, the police. If the mob's bewilderment over the great building before them is one dominant feature of the day — whether to trash it or venerate it — its bewilderment over the police is even greater. Watching hundreds of Parler videos shows that the disturbing ones that first surfaced publicly, of officers taking selfies with protesters and otherwise laying down for the attackers, offered a picture that was far from complete.

The police visible in the videos fought tenaciously, and the resulting sense of betrayal in the crowd is palpable. All summer, as the police had battled with Black Lives Matter protesters and rioters, the American right had defended them as guardians of law and order. And this, the Capitol protesters seemed to be saying, is how we're rewarded — with billowing tear gas and blows from batons? “You motherfuckers," shouts a middle-aged woman in a wool pullover and a “Spread Love" cap as another tear-gas canister whistles down.

Also on the west side of the building, another woman shouts: “We're done with the police. You're going to have Antifa, Black Lives Matter and the Republicans all hating you guys!" Nearby, a man joins in: “You're on the wrong side of history, guys."

The cries echo for hours:

Oath over your paychecks! Fuck you, guys. You can't even call yourselves Americans. You broke your fucking oath today. 1776, bitch."

You should be ashamed, fucking pansies."

“They'll play like your friend, then stab you in the back."

You serve us."

They don't treat Antifa like this."

They're gonna fire on Americans, these bastards. You treat us like China. This isn't China."

Here and there, there are glimpses of invaders still assuming the police must be on their side, such as the man who, describing the fatal police shooting of Ashli Babbitt inside the Capitol minutes earlier to people on the outside, says that two other cops at the scene were opposed to the shooting. “I feel sorry for these two guys, because they were just like, 'Why did you do that?'" As reinforcements file into the Capitol, one of the invaders shouts out: “Back the blue. We love you!" as if the cops were there for some reason other than her and her mates.

And here and there, there are glimpses of people trying to restrain others. “Do not throw shit at the police," a man says through a bullhorn on the west side. “Do not engage with the police." “Do not hurt the cops!" shouts another. But this does nothing to prevent the coming clashes, including the extraordinary melee after the mob breaks across the terrace on the west side and one man lurches forward with a nasty blind-side body-blow against an officer, toppling him over a barrier, and another man rushes forward to hurl a fire extinguisher, hitting an officer in the head. (This was separate from the attack in which a fire extinguisher was used to strike Capitol Police Officer Brian Sicknick, in another of the day's fatalities.)

It is hard not to notice that the tension appears especially intense in the crowd's encounters with Washington's municipal police, which include a visibly higher share of Black officers than the Capitol Police, as in one moment where the cops strain especially hard to hold their line outside the Capitol, or when some new reinforcements march in on the periphery. “Trick or treat, trick or treat! What is this, fucking Halloween?" shouts one man, mocking their riot gear, before pivoting to mocking some of them for being out of shape: “1-800-Jenny Craig! Call Jenny Craig. She can help you assholes."

More representative, though, for its sheer contradiction is the scene as another group of cops arrives near the Senate office buildings along Delaware Avenue.

A woman walking in the opposite direction, with her camera out, tells them: “God Bless. Thank you."

A man walking with her tells the cops: “Don't kill no more of our patriots. You guys won't kill Black Lives Matter, but you'll shoot us."

“God Bless," she tells them.

“Remember your oath," he tells them.

“Stay safe," she tells them.

Inside the Capitol, in a stately, high-ceilinged office suite, marauders mill around, grabbing things off the desks, knocking things over. “Don't break stuff!" a young woman hollers at them. “Stop! That's not why we're here."

But why are they there? The more videos one watches, the more overwhelmed one is by the variety of motivations and profiles. Seen one way, this is one of the most homogenous large crowds one could ever find in America 2021, so heavily white is it. Seen another way, it is a hodgepodge, a cross section of America that includes hardcore white supremacists and people you might run into at a mall or a country club.

It is mostly men, but there are also many women. There are young women who look like they could have come straight from a college campus, in puffy jackets and pompom hats. One, watching the invaders scale the lower Capitol walls on the west side, tells her friends: “They are climbing the walls! I mean, I wish I could, but I didn't bring the shoes for it."

There are many middle-aged and older women, too. Some keep warm by wrapping themselves in the Stars and Stripes, like marathon runners with their tinfoil sheets. Others are draped in wool scarves and nice blankets, presenting a far more conventional and even upper-class vibe than the viral images of young men costumed with animal horns and pelts. Some of these women even enter the building.

There are so many older men. Some of them are walking with canes or in wheelchairs or scooters. And some of them are at the front lines. Here, two sixtyish men bashing in an ornamental wooden window box, one using a flagpole. There, a white-haired man, easily 70, engaged in some of the most violent brawling at one of the east-side entrances.

There are men, older and younger, who slide gleefully into war-reenactor mode, tossing off battle lingo as if they are at Antietam or the Ardennes. “OK, what's happening is at the front, we're pushing forward as hard as we can," one paunchy man with a white beard and white MAGA hat . “While we're pushing forward, they're shooting us with percussion grenades. They're also pepper-spraying us. They're bull-spraying us." He takes his cap off to show off the brown pepper-spray stain on the back. “We're not going to stop. We're going to push forward." One young man, barely out of boyhood, clambers up the inaugural scaffolding wearing a full GI Joe getup of fatigues and vintage-style M1 helmet.

And here and there are glimpses of the men who fancy themselves closer to actual warriors, like the twentysomething ones furtively removing their black tactical gear under the cover of a tree outside the Capitol as the action is subsiding and pulling on red MAGA sweatshirts to pass as mere Trump supporters. But there are actually few such ominous glimpses in all these videos — perhaps because these men are too discreet to be caught on camera, or possibly because there were actually relatively few such organized elements in the mix. If the latter, it would help explain why there was not more violence done within the Capitol itself, or why there was such chaos on display that at one point, a man was left hollering hopelessly at a motley crew of invaders inside a Capitol corridor, like a nursery school teacher before naptime: “Quiet! Quiet! Calmly and quietly sit down in this room."

More typical in the videos than the furtive crew under the tree are characters like the young bearded man who speaks to the phone he is holding just outside the building while brandishing a Capitol Police shield. “All right guys, we are at the Capitol right now. We are going to go back in," he says, and then comes the deadpan boast. “I'm the only one with a shield. I don't know why no one else brought a shield, but I brought one just in case they start shooting. Make sure, if you ever take over the Capitol or take over any other big place, you bring a shield." He pauses for comic effect. “You can't get one any place except out of a cop's hands." He grins. “OK, guys, thanks for watching."

There are so many flags — mostly American, but also Confederate, Gadsden, Canadian, Israeli, Romanian. One young woman accidentally whacks a young man with her flag and apologizes profusely. “Oh, my goodness, you're fine," he responds, smiling. “What better flag to be hit with?"

There are many such snatches of fellowship in the videos: strangers advising each other on how to get the pepper spray out of their eyes, or sharing news updates from the Electoral College proceedings inside the Senate, before the senators fled to safety. Watching these moments of cooperation and social warmth, the same thought crossed my mind as did in watching last year's mass protests over the police killing of George Floyd: that these events were grounded in political anger but intensified by the social dislocation of a pandemic and its associated lockdowns, which had left so many hungering for human contact and stimulation more than they themselves probably even realized.

As the assault is winding down, an older man stands on the west side of the Capitol recording people as they walk away from the building. “Good job, patriots. Whoo! Good job, man. Real Americans, right here. Americans! Women. Look at the women. Went up there. Good-looking guys. Nobody feared."

An older woman walking by stops and interrupts his encomiums. “You know they shot and killed a girl up there, don't you?"

“No!"

She tells him about the fatal shooting of Ashli Babbitt. At that moment, a young man marches up to the older man. He is wearing an expensive-looking winter coat and a MAGA cap clipped to his backpack, and he is full of bravado over his hijinks during the Capitol takeover. He wants to share them with a random stranger.

“I got pepper-sprayed," he tells the man, proudly. “Not me, but the people in front of me in the crowd, and the wind came and hit me. Dude, you got to check out this video I got." He reaches around to his back pocket for his phone, but the older man breaks in.

“They said a girl got killed in the House," he says, somberly.

“How?" asks the young man.

“In the House. She went in the House and they told her to stop three times and they shot her in the neck."

The news of this death doesn't faze the young man at all. Still smiling coolly, he wants to pick right back up with the story of his adventure storming the Capitol. “See, I went all the way up there underneath the scaffolding. … I climbed up it. … Everyone was like push-push-push and the cops started pepper-spraying. … You got to look at this — "

“They killed an American girl," the older man says, trying to get him to focus on that fact. But it's no use. The young man keeps trying to show him his video clip of the pepper spray.

At almost exactly the same time, a man standing outside near the northwest corner of the Capitol — middle-aged, professorial-looking with glasses and a face mask dangling below his chin — speaks into his camera for a sober-minded report on the day. “Well, we were here," he says. “Until they can run free and fair elections in this country and make people believe it, we're going to have problems. They just have to figure out how to get these elections to work properly so there aren't all these irregularities and things that appear to be cheating, even if they're not. They just got to figure it out."

The man goes on. “I'm usually a pretty even-keeled, level-headed kind of guy, but all you've got to do is look at some of the videos to realize there was some shit that was really fucked up about the election." He pauses. “Clearly, there's millions of people in town today. There's people packed like sardines from the White House to the Washington Monument today. For the first time as far I'm aware in history, they broke the perimeters at the Capitol. I mean, they're pissed. I'm not keen on violence and breaking doors. But outside of that, there seemed to be no violence, and after hearing all summer long about city after city getting burned down, this was a mostly peaceful protest. This was what a mostly peaceful protest looks like."

He didn't appear to know about the deaths and extent of the violence. He had only his vantage point. But we now have many more vantages. And they give us the picture of what happens when something that was gathering across the land for years, and recklessly and cynically fomented by those who knew better, reached a culmination. There undoubtedly were some dangerous organized elements within the mob that attacked the Capitol. But what is scariest about these videos is that they show the damage that can be done by a crowd of unorganized Americans goaded and abetted by the leaders of an organized political party. The radical fringe is a cause for concern. The thousands of regular people whipped into a murderous rage is the real nightmare.

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