Lazy Caturday Reads: Trumpism Isn’t Over Yet

Room with Curved Window Cat and Bird, Paul Wonner

Room with Curved Window Cat and Bird, by Paul Wonner

Good Afternoon!!

It’s great to finally have a normal president who actually cares about the American people and isn’t completely focused on his own needs. But it’s going to take a long time for the country to recover from four years of Trump. For one thing, Trumpism still controls the Republican Party. There is also the aftermath of Trump’s immigration and tax policies as well as his destructive influence on nearly every aspect of the Federal government, including the Departments of Justice, Defense, and Homeland Security and the intelligence community, as well as his efforts to corrupt U.S. elections. And of course Trump had a dramatic impact on the Supreme Court that will likely last for decades. In this post, I’m going to highlight some of the continuing influences of Trumpism in our politics and our justice system.

Trump loves the death penalty, and his first SCOTUS appointee Neil Gorsuch cast the deciding vote that led the execution of an innocent man in Arkansas in 2017.

The New York Times: 4 Years After an Execution, a Different Man’s DNA Is Found on the Murder Weapon. Lawyers’ request to conduct additional DNA testing before Ledell Lee was executed had been denied.

For 22 years, Ledell Lee maintained that he had been wrongly convicted of murder.

“My dying words will always be, as it has been, ‘I am an innocent man,’” he told the BBC in an interview published on April 19, 2017 — the day before officials in Arkansas administered the lethal injection.

Girl with a Cat, Franz Marke

Girl with a Cat, by Franz Marke

Four years later, lawyers affiliated with the Innocence Project and the American Civil Liberties Union say DNA testing has revealed that genetic material on the murder weapon — which was never previously tested — in fact belongs to another man. In a highly unusual development for a case in which a person has already been convicted and executed, the new genetic profile has been uploaded to a national criminal database in an attempt to identify the mystery man….

Mr. Lee’s execution, on April 20, 2017, was the first in Arkansas in more than a decade. Some accused the state of rushing Mr. Lee and several other prisoners to their deaths that month before the expiration of its supply of a lethal injection drug….

Mr. Lee’s execution, on April 20, 2017, was the first in Arkansas in more than a decade. Some accused the state of rushing Mr. Lee and several other prisoners to their deaths that month before the expiration of its supply of a lethal injection drug.

Slate’s Mark Joseph Stern on the Gorsuch vote, April 21, 2017

On Thursday night, Arkansas executed Ledell Lee—the state’s first execution in 12 years. Lee is one of eight men whom Arkansas originally planned to kill over 11 days before one drug in the three-drug lethal injection cocktail expires. Four of these men have received stays of execution, but Lee’s final plea to the U.S. Supreme Court was rejected by a 5–4 vote. Justice Neil Gorsuch cast the deciding vote allowing Lee to die. It was his first recorded vote cast as a justice of the court….

with Gorsuch’s vote, the court’s conservatives were able to ignore their four liberal colleagues and permit the execution. Lee was given midazolam, then a drug to paralyze and suffocate him—which may have been purchased under false pretenses. Finally, the state administered a chemical to stop his heart. Lee was declared dead shortly before midnight, Central Time. Had one more justice voted in his favor, Lee would still be alive today.

Lisa Lerer at The New York Times on Trump continued control of his party: Marooned at Mar-a-Lago, Trump Still Has Iron Grip on Republicans.

Locked out of Facebook, marooned in Mar-a-Lago and mocked for an amateurish new website, Donald J. Trump remained largely out of public sight this week. Yet the Republican Party’s capitulation to the former president became clearer than ever, as did the damage to American politics he has caused with his lie that the election was stolen from him.

Jennifer Gennari

Painting by Jennifer Gennari

In Washington, Republicans moved to strip Representative Liz Cheney of her House leadership position, a punishment for denouncing Mr. Trump’s false claims of voter fraud as a threat to democracy. Lawmakers in Florida and Texas advanced sweeping new measures that would curtail voting, echoing the fictional narrative from Mr. Trump and his allies that the electoral system was rigged against him. And in Arizona, the state Republican Party started a bizarre re-examination of the November election results that involved searching for traces of bamboo in last year’s ballots.

The churning dramas cast into sharp relief the extent to which the nation, six months after the election, is still struggling with the consequences of an unprecedented assault by a losing presidential candidate on a bedrock principle of American democracy: that the nation’s elections are legitimate.

They also provided stark evidence that the former president has not only managed to squelch any dissent within his party but has also persuaded most of the G.O.P. to make a gigantic bet: that the surest way to regain power is to embrace his pugilistic style, racial divisiveness and beyond-the-pale conspiracy theories rather than to court the suburban swing voters who cost the party the White House and who might be looking for substantive policies on the pandemic, the economy, health care and other issues.

“We’ve just gotten so far afield from any sane construction,” said Barbara Comstock, a longtime party official who was swept out of her suburban Virginia congressional seat in the 2018 midterm backlash to Mr. Trump. “It’s a real sickness that is infecting the party at every level. We’re just going to say that black is white now.”

Read more at the NYT link.

From the Editorial Board of the Financial Times: Republicans drift ever further into Trumpism. The right must find ways to head off disaster for party and country.

Six months after Trump was defeated in the US presidential election, no Republican can dispute his claim that Joe Biden stole it and expect to prosper among their peers. Facebook’s initial decision to suspend Trump’s account came after he had egged on the mob that assaulted Capitol Hill on January 6 in what was the most serious threat to American democracy since the civil war. Since then, Trump’s language has only grown more ominous. Republicans who think they can keep their head down and wait out the Trump era are probably deluding themselves. Trump is only consolidating his hold over their party — and shows every sign of planning a 2024 presidential run.

What should principled conservatives do? One option is to follow the example of Liz Cheney, the number three Republican in the House of Representatives, who correctly reminds her colleagues that last year’s election was legitimate and the assault on Congress was sedition. She will almost certainly be removed from her position next week.

August Macke

Painting by August Macke

This is nothing to do with ideology. Cheney is among the most conservative figures in the House. Elise Stefanik, who is set to replace her, is more moderate. Stefanik, however, has an unblemished record of echoing whatever Trump says, including that America’s voting is rigged. Like any revolution, the demands on its children grow more outlandish. The more preposterous the conspiracy theory, the greater the demonstration of loyalty from those who embrace it. The downsides to Cheney’s act of courage are obvious. She will lose her influence and ultimately even her Wyoming district to a Trump loyalist. Others among the principled holdouts, including Illinois’ Adam Kinzinger, are also at risk.

A parallel line of attack would be to point out that Trump is already jeopardising his party’s hopes of regaining control of Congress in next year’s midterm elections, and the White House two years later. Trump lost the presidency, but his party did far better in non-presidential races. Millions of voters who endorsed Biden switched to Republicans down ballot. Not once in four years did Trump’s approval rating exceed 50 per cent. Biden’s has not yet fallen below that. 

Trump can keep the party united through fear of defenestration but his grip will make the party less appealing to the larger electorate. Sadly, there is little hope right now of severing Trump’s bonds to a party that is now largely his — 70 per cent of its voters say the election was stolen. 

Liz Cheney is getting a great deal of attention right now, and although I probably disagree with her on every political issue, I have to admire her principled stand against Trumpism. And now the GOP Trump cult is trying to excommunicate her.

The Washington Post: Liz Cheney’s months-long effort to turn Republicans from Trump threatens her reelection and ambitions. She says it’s only beginning.

Rep. Liz Cheney had been arguing for months that Republicans had to face the truth about former president Donald Trump — that he had lied about the 2020 election result and bore responsibility for the insurrection at the U.S. Capitol — when the Wyoming Republican sat down at a party retreat in April to listen to a polling briefing.

The refusal to accept reality, she realized, went much deeper.

When staff from the National Republican Congressional Committee rose to explain the party’s latest polling in core battleground districts, they left out a key finding about Trump’s weakness, declining to divulge the information even when directly questioned about Trump’s support by a member of Congress, according to two people familiar with what transpired.

Paul Wonner cat painting

Painting by Paul Wonner

Trump’s unfavorable ratings were 15 points higher than his favorable ones in the core districts, according to the full polling results, which were later obtained by The Washington Post. Nearly twice as many voters had a strongly unfavorable view of the former president as had a strongly favorable one.

Cheney was alarmed, she later told others, in part because Republican campaign officials had also left out bad Trump polling news at a March retreat for ranking committee chairs. Both instances, she concluded, demonstrated that party leadership was willing to hide information from their own members to avoid the truth about Trump and the possible damage he could do to Republican House members, even though the NRCC denied any such agenda.

Those behind-the-scenes episodes were part of a months-long dispute over Republican principles that has raged among House leaders and across the broader GOP landscape. That dispute is expected to culminate next week with a vote to remove Cheney from her position as the third-ranking House Republican.\At issue: Should the Republican Party continue to defend Trump’s actions and parrot his falsehoods, given his overwhelming support among GOP voters? Or does the party and its leaders need to directly confront the damage he has done?

I think we all know how that is going to turn out.

On the corruption of the Justice Department, Devlin Barrett broke this startling news yesterday at The Washington Post: Trump Justice Department secretly obtained Post reporters’ phone records.

The Trump Justice Department secretly obtained Washington Post journalists’ phone records and tried to obtain their email records over reporting they did in the early months of the Trump administration on Russia’s role in the 2016 election, according to government letters and officials.

In three separate letters dated May 3 and addressed to Post reporters Ellen Nakashima and Greg Miller, and former Post reporter Adam Entous, the Justice Department wrote they were “hereby notified that pursuant to legal process the United States Department of Justice received toll records associated with the following telephone numbers for the period from April 15, 2017 to July 31, 2017.” The letters listed work, home or cellphone numbers covering that three-and-a-half-month period.

Cameron Barr, The Post’s acting executive editor, said: “We are deeply troubled by this use of government power to seek access to the communications of journalists. The Department of Justice should immediately make clear its reasons for this intrusion into the activities of reporters doing their jobs, an activity protected under the First Amendment.”

Cat on Green Pilllow, August Mackee

Cat on Green Pilllow, August Macke

News organizations and First Amendment advocates have long decried the government practice of seizing journalists’ records in an effort to identify the sources of leaks, saying it unjustly chills critical newsgathering. The last such high-profile seizure of reporters’ communications records came several years ago as part of an investigation into the source of stories by a reporter who worked at BuzzFeed, Politico and the New York Times. The stories at issue there also centered around 2017 reporting on the investigation into Russian election interference.

It is rare for the Justice Department to use subpoenas to get records of reporters in leak investigations, and such moves must be approved by the attorney general. The letters do not say precisely when the reporters’ records were taken and reviewed, but a department spokesman said the decision to do so came in 2020, during the Trump administration. William P. Barr, who served as Trump’s attorney general for nearly all of that year, before departing Dec. 23, declined to comment.

A few more stories to check out:

The Washington Post: Trump’s out-of-power agenda: Retribution against foes, commanding the spotlight and total domination of GOP.

Joyce Vance at NBC News: Judge Amy Berman Jackson’s Barr rebuke opens the door to DOJ accountability.

CBS News: The Arizona GOP’s Maricopa County audit: What to know about it.

NBC News: Sen. Lindsey Graham says the GOP can’t move forward without Trump.

Brad Bannon at The Hill: GOP is consumed by Trump conspiracy theories.

Have a great weekend everyone!! As always, this is an open thread.