Presidents

MAGA MAN:

The New Deal’s Dark Underbelly: David Beito has penned one of the most damning scholarly histories of FDR to date (Marcus Witcher, 1/23/24, Law & Liberty)

The Roosevelt consensus among historians, to the extent that it ever existed, has been unraveling for some time. Free market critics such as Robert Higgs, Burt Folsom, Jim Powell, Thomas Fleming, and Amity Shlaes have rightly condemned Roosevelt’s response to the Great Depression and his inclination to use the coercive power of the state to impose his policy prescriptions—often with undesirable results and unintended consequences. But there is also an emerging group of historians on the left—Richard Rothstein, Ira Katznelson, Linda Gordon, and Richard Reeves, among others—who criticize FDR for reinforcing the white male breadwinner home, for creating organizations such as the Federal Housing Administration that helped segregate America through redlining, for not supporting anti-lynching legislation, for not ensuring that the New Deal programs benefited minorities on a more equal basis, and for the internment of Japanese Americans. Even David Kennedy’s comprehensive history of the period is critical of Roosevelt on some margins.

Although some historians have criticized FDR, most of the historiography of Roosevelt gives him a pass on the abuse of civil liberties during his administrations and hails him as a champion of democracy often citing his soaring rhetoric and the Four Freedoms. In reality, as Beito demonstrates, Roosevelt’s liberalism did not lead him to care about Americans’ civil liberties and he violated the Bill of Rights time and time again while in office. […]

Roosevelt was not a passive and reactive participant in these events and his racist views of Japanese people influenced his later policies. In 1925, FDR wrote that “anyone who has travelled in the Far East knows that the mingling of Asiatic blood with European or American blood produces, in nine cases out of ten, the most unfortunate results.” In 1935, he insisted to a delegation that aggression “was in the blood” of Japan’s leaders. In 1936, when visiting Hawaii and thinking about the interactions between Japanese sailors and Japanese Americans on the islands, the president insisted that “every Japanese citizen or non-citizen on the Island of Oahu who meets these Japanese ships or has any connection with their officers or men should be secretly but definitely identified and his or her name placed on a special list of those who would be the first to be placed in a concentration camp.”

After Pearl Harbor, Roosevelt ignored information that did not confirm his negative view of Japanese Americans and instead “sought out, and then amplified beyond all proportion, statements or anecdotes that conveyed, at least in his own mind, a more negative impression.” For instance, Roosevelt received one report from his secret intelligence unit that insisted that Japanese Americans were no “more disloyal than any other racial group in the United States with whom we went to war.” In another report, FDR ignored its conclusion that at least ninety percent of Japanese Americans “were completely loyal to the United States.”

ALWAYS BET ON THE dEEP sTATE:

Trump’s Bad Day in Court: The first of many to come (JOYCE VANCE, JAN 10, 2024, Civil Discourse)

The most telling points in the oral argument centered on hypotheticals offered by Judge Pan. Judges frequently use hypotheticals to help them understand what a ruling would mean both for the case at hand and in future cases. Judge Pan posed three to Sauer, asking whether, under his view of immunity, a president could:

order Seal Team 6 to execute a political rival, and get away with it

accept a payment for issuing a pardon, and get away with it

sell nuclear secrets to a foreign power, and get away with it

Sauer argued that presidents can only be prosecuted if they are first impeached and convicted by the Senate. He, of course, has to argue this because otherwise, his client Donald Trump is in trouble.

It’s an unappetizing position. Sauer ran into still more trouble as the hypothetical was played out with both lawyers in turn, exploring the ways a president could avoid being impeached and convicted. They ranged from a president who resigns to avoid conviction, succeeds in concealing criminal conduct until he leaves office so he is never impeached, or even one who orders the deaths of his opponents in the Senate to prevent conviction. Under Trump’s theory of immunity, no prosecution would be available in these cases.

You don’t have to be a high-end appellate lawyer to understand that this argument is a stone-cold loser. At least in a democracy.

Judge Pan pointed out that Trump had taken a contradictory position in two earlier cases. During Trump’s 2021 impeachment and in Trump v. Vance where then-President Trump tried to prevent Manhattan DA Cy Vance from obtaining his tax returns, Trump’s lawyers argued he could be criminally prosecuted once he left office. Sauer was ultimately forced to concede they had taken that position then, but it’s not, he said “res judicata” here—not binding on Trump now. That one is a tough sell too, especially since Trump avoided conviction in the Senate by arguing he could be prosecuted in precisely this case after he left office. If the court accepts this view it would make a mockery of justice. This panel of Judges didn’t seem inclined that direction.

Trump is not the only former president who seems to have understood he could be prosecuted after leaving office. Judge Childs pointed out later in the argument that President Nixon was apparently so convinced he could be prosecuted that he sought a pardon.

TRUMPBOTS HARDEST HIT:

Ray Epps, face of Jan. 6 conspiracies, to be sentenced (Ashley Oliver, January 06, 2024, Washington Examiner)

Ray Epps, who has been widely accused by former President Donald Trump’s supporters of secretly working on behalf of the federal government during the Jan. 6 Capitol riot, is set to be sentenced next week for his actions that day.

Epps, 62, was charged last fall with a misdemeanor for disorderly conduct in a restricted area and pleaded guilty.

AMEN, BROTHER:

Fanone says GOP lawmakers attempt to ‘whitewash’ Jan. 6 due to ‘politically inconvenient’ reality (NICK ROBERTSON, 01/06/24, The Hill)

Former D.C. police officer Michael Fanone lashed out against GOP lawmakers on Friday, blasting attempts to “whitewash” the Jan. 6 Capitol riots as something less than what they were as we reach the three-year anniversary of the violence.

“It pisses me off to see Republican lawmakers continue to spread the lies and conspiracy theories regarding January 6, in an attempt to whitewash that day, because it’s politically inconvenient for them to acknowledge the reality of what happened,” Fanone said during an MSNBC interview Friday.

LAUGHINGSTOCK:

Trump lawyers’ doozy of a filing on voter fraud (Aaron Blake, January 3, 2024, Washington Post)

The report, to put it lightly, is a mess. And that Trump’s legal team would see fit to include it in a filing would not seem to augur well for his defense.

The report begins with a series of astonishing and false claims. “In actuality, there is no evidence Joe Biden won,” its first paragraph concludes. It then recounts how Trump led in key battleground states on election night and maintains that, as of that point, before millions of votes were counted, “the election was over.” But even Trump allies had acknowledged before the election that the expected late arrival of ballots from populous and heavily Democratic areas, as well as mail-in ballots, would create an illusion of an early Trump lead — a “red mirage.” There is nothing suspicious about how those states flipped as time went on.

The introductory paragraph also includes a footnote that says Arizona “was fraudulently called for Joe Biden by Fox News” on election night. A network’s calls on any given race do not determine the election, and Biden won Arizona.

The mental gymnastics required to be MAGA may as well be an Olympic event.

NO ONE HATES JUST MEXICANS:

We need to talk about Trump’s antisemitism (Noah Berlatsky, 18 December 2023, Independent)


Trump is most directly attacking immigrants and non-white people. He extrapolates freely from worries about South Americans crossing the Southern border to attacks on Asian people and African people, all of whom are tarred as a threat to pure (white) America.

The echoes of Nazi rhetoric here, though, also inevitably implicate Jewish people, white and otherwise. For Hitler, Jewish people were always immigrant outsiders corrupting Aryan society. The vicious Nazi propaganda film The Eternal Jew juxtaposed discussions of Jews with images of rats onboard ships, bringing contagion from port to port.

The invidious conflation of Jewish people and immigrants isn’t just in the past, either. The Great Replacement Theory is a conspiracy theory which argues that support for immigration is designed to undermine white power and white culture. Many versions of this argument are explicitly antisemitic, blaming Jewish “elites” for pushing for policies that increase immigration.

In 2018, Trump winked at an antisemitic version of this theory, saying he “wouldn’t be surprised” if Holocaust survivor and billionaire Democratic donor George Soros was responsible for funding immigrant caravans to the US.

The accusations against Soros were baseless but popular; he’s a favourite target of the far right here and abroad, who use him as a (barely concealed) antisemitic dog-whistle. And that dog-whistle can have horrific effects. That shooter who killed eleven people at Tree of Life synagogue was directly inspired by antisemitic Great Replacement conspiracy theories. He targeted the Pittsburgh synagogue because it partnered with HIAS, a Jewish nonprofit that helped resettle immigrants. “HIAS likes to bring invaders that kill our people,” the shooter wrote on the far right social media site Gab. “I can’t sit by and watch my people get slaughtered.” He then went off and committed mass murder.

NO CONVICTION REQUIRED:

What Civil War History Says About Attempts to Use the Insurrection Clause to Keep Trump From Office (ELIZABETH R. VARON, NOVEMBER 15, 2023, TIME)

We can gain valuable insights into Congress’s intentions by looking at the case of Confederate General James Longstreet, whose fate hung in the balance in the spring of 1868, as lawmakers staged one of their earliest debates on the application of Section Three. The discussion hinged on whether Longstreet and other Confederates were sufficiently repentant to warrant restoring their right to hold office. Repentance was the prerequisite for removing the barrier to holding office. That thinking indicates that the men who crafted and best understood the purpose of the 14th Amendment intended to bar someone like Trump —a recalcitrant, unrepentant insurrectionist —from holding office.

Anticipating the 14th Amendment’s imminent ratification that summer, Congress considered a bill, proposed by Illinois Republican Representative John Franklin Farnsworth, to preemptively remove the Section Three disability from a long list of Southerners who sought amnesty; they were largely former officeholders, who, having broken their oaths of loyalty to the U.S. Constitution and sided with the Confederacy, sought to renew their allegiance and regain their rights.

One theme, more than any other, dominated the congressional debates: repentance.

Farnsworth and the supporters of his bill insisted that they would only restore the right to hold office to those who had shown “proper repentance since the war.” Ex-Confederates needed to offer evidence of their contrition by renouncing rebelism, promoting peace, obeying the law, upholding the Constitution, and encouraging a spirit of national loyalty in others. Relief from Section Three disabilities was intended, as Farnsworth put it, for one “who now puts his shoulder to the wheel to support the Government.” […]

In the end, despite the uneasiness of doubters who felt that the long list of Section Three petitioners had not been deeply enough vetted, Congress passed Farnsworth’s bill (H.R. 1059) in June 1868, and Longstreet, along with hundreds of others (the list of pardon seekers grew as the congressional debate played out), was cleared for future officeholding.

THE PROPHET:

The Missed Opportunity of George W. Bush’s ‘Ownership Society’ (Kevin D. Williamson, Dec 22, 2023, The Dispatch)


The Wall Street Journal reports: “More Americans than ever own stocks.” In fact, a majority of U.S. households—58 percent—are corporate shareholders, either directly or indirectly through retirement accounts or managed funds. That is up from 53 percent in 2019—many Americans became investors, or more active investors, during the COVID-19 shutdowns and disruptions: Not all of those stimulus checks were spent on rare whisky and expensive sneakers.

One way of understanding the “ownership society” is this: The best way to spread the wealth is to spread the wealth.

If you are concerned that returns to labor are not keeping pace with returns to investment, then you could try to goose the labor market in various ways and pray to the gods of central planning that the unintended consequences of your monkeying around do not cost more than the value of whatever benefits you are able to achieve. Alternatively, you could encourage people who work for wages and salaries to invest in equity—and here I do not mean equity as the social-justice knuckleheads use the word but real equity—so that returns to capital end up in their pockets. Progressives talk about “putting people over profits,” but the “ownership society” understands that the relationship is not, or need not be, fundamentally rivalrous.

Napoleon supposedly spat that England is “a nation of shopkeepers,” being so ensorcelled by the prospect of la gloire that he could not appreciate what a fine thing it was to be a nation of shopkeepers—thrifty, prudent, commercial, not given to urgent enthusiasms. To be a nation of shareholders would be a very fine thing as well, for similar reasons.

We have, of course, been doing this with some success for many years, not only in the United States but around the world, with a great share of the world’s business enterprises being owned not by men with pinstriped suits and manicures but by ordinary people of ordinary means, in large part through retirement accounts and similar funds. The top 20 worldwide owners of assets—which hold something on the order of $27 trillion in investments—include the Government Pensions Investment Fund of Japan (which has long been at the top of the list), the Government Pension Fund of Norway, and the National Pension of South Korea, along with such U.S. representatives as the Federal Retirement Thrift and the public employees of California. The typical corporate shareholder in the United States does not look like Gordon Gekko—more like a retired teacher from Sacramento departing Port Canaveral on a weeklong cruise.

IT’S ALWAYS THE TRUMPISTS:

Jan. 6 rioters the far right claimed were antifa keep getting unmasked as Trump supporters (Ryan J. Reilly, 12/22/23, NBC News)

In nearly three years since a mob of Donald Trump supporters stormed the Capitol in an effort to overturn the 2020 presidential election, far-right figures have made a claim that flies in the face of reality: That the Jan. 6 attack was actually driven by far-left antifa activists dressed up like Trump supporters, or by federal agents dressed up like Trump supporters, or by some combination thereof.

The only trouble with the conspiracy? The feds keep arresting these supposedly far-left agitators, and the rioters’ own social media posts and FBI affidavits show they’re just Trump supporters.

TEXTUALISM:

The Colorado court got this issue right. The case is now likely headed to the US Supreme Court. (ILYA SOMIN | 12.19.2023, Volokh Conspiracy)

The per curiam majority opinion does an excellent job of handling all the major issues at stake: whether the January 6 attack was an insurrection, whether Trump’s role in it was extensive enough to qualify as engagement, whether the president is an “officer of the United States,” and whether Section 3 is “self-executing” (that is, whether state governments and courts can enforce it in the absence of specialized congressional legislation). In the process, the justices partly affirmed and partly overruled the trial court decision, which held that Trump did indeed engage in insurrection, but let him off the hook on the badly flawed ground that Section 3 doesn’t apply to the president.

The case is now likely headed to the US Supreme Court. The justices may well hear it on an accelerated schedule, so as to resolve the case before we go too far into the GOP primary process. The Colorado Court has stayed its decision until at least January 4, to allow time for appeals to the US Supreme Court.

The 4-3 vote is not as close as it looks. Two of the three dissenting justices did so on the ground that Colorado state election law doesn’t give the state courts the authority to decide Section 3 issues. They did not endorse any of the federal constitutional arguments on Trump’s side. And these state statutory issues probably cannot be reviewed by the US Supreme Court, because state supreme courts are the final arbiters of the meaning of state law (with a few exceptions that do not apply here).

I think it’s fairly obvious that the January 6 attack on the Capitol amounts to an insurrection, and the Colorado justices also concluded this is not a close issue…