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jack smith
We Will Need Each Other to Confront King Trump
We are seeing in real time how autocracy happens, by creating hopelessness and despair among the mass of people who once might have fought back.
Nov 08, 2024
It took only hours after a majority of Americans chose to return Donald Trump as a strongman-style president for the first billionaire supplicant to come forward on bended knee. Amazon founder Jeff Bezos, the third-richest person on the planet, had already made his intentions clear in the waning days of the 2024 campaign when the influential newspaper he owns, The Washington Post, spiked a long-planned endorsement of rival Kamala Harris at his instruction.
In a rare tweet Wednesday, Bezos—beneficiary of massive federal contracts—laid it on thick. “Big congratulations to our 45th and now 47th President on an extraordinary political comeback and decisive victory,” Bezos posted on X, which is owned by the richest person on the planet, Elon Musk. “No nation has bigger opportunities. Wishing @realDonaldTrump all success in leading and uniting the America we all love.”
It almost goes without saying that Bezos said nothing Wednesday about the fact that, as owner of the Post, he is also the keeper of a remarkable legacy of watchdog journalism, which defied the White House in 1971 in publishing the secret Pentagon Papers and then produced the investigative reporting that helped bring down Richard Nixon in Watergate. There was no Bezos pep talk to his journalists that such heroism for democracy would be acted out now. Less than 48 hours after Trump’s election as the 47th president, this kind of silence has been deafening.
From the obsequious Bezos to the end of resistance from everyday folk, we are seeing the once unthinkable: the start of American autocracy.
Although it feels almost normal to flip on CNN and watch talking heads speculate on whom the president-elect is picking for his cabinet, there is nothing normal about the Trump transition, even with a president who’s been elected before. So much has changed since the tumultuous autumn of 2016. This time, America is rolling out a red carpet for a king—one who will, in the ultimate irony, preside over the 250th anniversary of that time when we overthrew a monarchy.
I know that sounds like hyperbole, or what The 51% calls “Trump derangement syndrome.” But the nation already on Wednesday received its first major bit of news—and there are going to be many, many more to come—making it clear that Trump is returning to the White House with stunning absolute powers that none of his 44 predecessors (Grover Cleveland, and now Trump, twice) either possessed or were willing to exercise over the American people.
It came in the form of a revelation from the U.S. Justice Department that special counsel Jack Smith—who aggressively, if too belatedly, brought federal indictments against Trump for the 2020 efforts to overturn the last presidential election that culminated in the January 6, 2021 insurrection, and for Trump taking highly classified documents—is planning steps that would have the likely impact of ending his cases before Trump takes the oath of office.
Multiple news outlets quoted sources within the Justice Department that Smith is now is active talks about how to “wind down” the two cases against Trump—with the one about classified documents already on life support after a zealously pro-Trump, Trump-appointed lower court judge dismissed the charges for now—before he becomes president again on January 20. It’s not yet clear whether Smith is planning to permanently dismiss the charges or—more likely—put them on some type of hold that would nonetheless make justice nearly impossible, since Trump would be 82 if he leaves office as scheduled in 2029, and there would be questions about the statute of limitations.
Such maneuvers would be in line with the controversial and legally debated Justice Department decision from the Nixon era that sitting presidents cannot be prosecuted, which already gave any POTUS a unique standing above the law. But remember that Trump was on track to stand trial in the January 6 case this year, if not for the U.S. Supreme Court’s stunning 6-3 ruling earlier this year giving presidents sweeping legal immunity for broadly defined “official acts.”
When Smith does appear before U.S. District Court Judge Tanya Chutkan to end the case, it will be a triple exclamation point on how a once revolutionary nation turned a president into a king.
Some legal experts are arguing that Smith is playing the horrendous hand that he’s been dealt here, perhaps scrambling to issue an in-depth report about Trump’s alleged wrongdoing before the new president’s MAGA appointees can fire him. I get that, but my nonlawyer gut tells me that Smith should make Trump and his lackeys dismiss the case themselves, as one more reminder that Trump is trashing every last democratic norm we have.
But how 2017-ish of me to even think that. The decision has already been made in all our former watchdog institutions to obey the new authoritarianism in advance. You can hear it in the quiet of an unseasonably warm November breeze.
The dogs of 2016 and 2017 are not barking. There are no people in the streets chanting, “We! Reject! The president-elect!” or carrying “Not My President” signs like eight years ago. Kids aren’t walking out of high school, and college presidents—reflecting the catastrophic erosions of free speech in America that go well beyond Trumpism—are not issuing statements.
New York Times columnist Michelle Goldberg wrote Thursday about the Russian lifestyle of “internal emigration”—turning away from politics to emphasize family or books or gardening or anything else besides the seeming hopelessness of opposing autocracy.
This is exactly what I’m hearing from so many friends and even family here in Greater Philadelphia and on social media. People are leaving Musk’s X in droves, partly to protest the billionaire, but mostly to disengage from politics, at least for now. One boomer woman who threw herself into the so-called Trump Resistance in 2016 wrote me Thursday to say she is done. Protesting Trump, she wrote, “was an utter failure. I’m tired, demoralized, and bitter.”
I don’t blame her, nor would I think of criticizing the many people emphasizing their own mental health over politics at a moment when it’s not even clear what to do next. We are seeing in real time how autocracy happens, by creating hopelessness and despair among the mass of people who once might have fought back. From the obsequious Bezos to the end of resistance from everyday folk, we are seeing the once unthinkable: the start of American autocracy.
I was fortunate Thursday morning to connect with one of the nation’s top experts on authoritarian regimes, the Yale University historian Timothy Snyder, whose words—especially, “do not obey in advance”—from his essential On Tyranny are frequently quoted here. I wanted to ask him the question on so many people’s minds since Tuesday: What has history taught us about how to live now?
Snyder told me the most important thing for the moment is to avoid isolation and be around other people. “They want you to be alone,” the historian said of autocratic governments because isolation feeds the sense of powerlessness that allows the regime to do its dirty work unimpeded. “Nobody is going to fix this alone,” Snyder said. “That’s not how this works.”
Second, he suggested: “This is a good time to figure out what you’re good at. Define some little human-sized zone, whether it’s your library or your garden or your trade union. Take something positive that you know and do it.” He also noted that the political feeling of despair in opposing Trump and his MAGA movement doesn’t mean you can’t work for change on the state and local level, where one can still hash out issues with forward-minded politicians.
Snyder then suggested, with a laugh, what he called “a dumb little idea”—except that it wasn’t.
“Take a moment and write down a letter about the things you care about, that you’re willing to take a stand about. Write that down, put it in an envelope, and take it out of your desk as we’re going through these things”—like when Trump takes office in January, or early in his term.
Those of us who opposed Trump, and who were devastated to learn how many of our fellow citizens want to live under his strongman rule, need time to mourn this week’s news. But it’s well worth listening to Snyder’s words about not just living under tyranny, but someday soon finding reasonable ways to confront it. We are going to need each other, whether it’s in the streets or just at the dog park. And you—we—are not alone.
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Watchdogs Vow Accountability for Trump Crimes Despite Presidential Win
Public Citizen said it would "mobilize Americans to resist Trump's agenda of cruelty and corruption."
Nov 06, 2024
Government watchdogs on Wednesday said they are "not going anywhere" and will continue pushing for U.S. President-elect Donald Trump to face accountability for his 34 felony counts and other alleged crimes, even as the Republican and his allies threatened the special counsel who has been prosecuting him.
"Trump will still be sentenced for the 34 felony counts on which he has been convicted, and other pending legal proceedings must
also move forward,"
said Robert Weissman and Lisa Gilbert, co-presidents of consumer advocacy group Public Citizen, which spent Trump's first term exposing corruption and unethical profiteering in his administration.
The group pledged to "mobilize Americans to resist Trump's agenda of cruelty and corruption" as it was reported that Special Counsel Jack Smith, who was appointed by the U.S. Department of Justice to investigate Trump's alleged mishandling of classified documents and his role in the January 6, 2021 attack on the U.S. Capitol, was in talks with the DOJ to wind down the federal prosecutions.
Under DOJ policy, a sitting president cannot face prosecution while in office.
Smith filed charges against Trump over the allegations, but the cases were thrown into uncertainty by the U.S. Supreme Court's ruling in July that held presidents have legal immunity for "official acts" while in office.
In legal filings that were unsealed last month, Smith argued Trump should not be entitled to immunity from prosecution because he "resorted to crimes" when he attempted to overturn the 2020 election results.
Trump said in recent weeks that he would fire Smith "within two seconds" if he won the presidency.
His allies, including Sen. Lindsey Graham (R-S.C.) and Rep. Steve Scalise (R-La.), have also demanded an end to what they call "lawfare" against Trump, with Scalise
saying Wednesday that the election results proved American voters want federal and state officials in to "immediately terminate the politically motivated prosecutions of President Donald Trump."
Graham wrote on the social media platform X on Wednesday, addressing Smith and his team, that "it is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall."
Trump was convicted of 34 state felony counts in New York for falsifying business records related to a hush-money payment to adult film star Stormy Daniels. He is currently scheduled to be sentenced on November 26, but his lawyers are likely to ask for an indefinite delay.
There's also state case in Georgia stemming from Trump's attempts to reverse his 2020 loss.
The work of ensuring Trump is "not about the law," said Weissman and Gilbert, "will continue in earnest [and] will be more important in 2025 than ever before."
Citizens for Responsibility and Ethics in Washington (CREW) said Trump's victory "is making the urgency of accountability and checks on the presidency clearer than ever before."
"We're going to keep standing up against corruption and authoritarianism," said CREW, "as we have been for years."
Public Citizen was among more than 200 groups that announced a virtual event called "Making Meaning of the Moment," planned for November 7 at 8:00 pm. More than 20,000 people had registered as of Wednesday evening.
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New Motion Presents Most Detailed Case Yet Against Trump for Insurrection Crimes
"The desperate plan that Trump embarked on to try and overturn the results of a legitimate election was reprehensible, irresponsible, and—the document shows—criminal," said one consumer advocate.
Oct 02, 2024
Jack Smith, the special counsel probing former U.S. President Donald Trump's attempt to subvert the 2020 presidential contest, on Wednesday presented a massive trove of fresh evidence supporting his election interference case against the 2024 Republican nominee.
Smith's sprawling and highly anticipated 165-page motion—which was partly unsealed Wednesday by presiding U.S. District Judge Tanya Chutkan—states that Trump "asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so."
Trump—who in August 2023 was charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights—contends that his actions were taken in his official capacity as president and not as a private individual.
In July, the U.S. Supreme Court's right-wing justices—including three Trump appointees—ruled that the ex-president is entitled to "absolute immunity" for "official acts" taken while he was in office, raising questions about the future of this case. According to Smith's motion:
Although the defendant was the incumbent president during the charged conspiracies, his scheme was fundamentally a private one. Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted—a function in which the defendant, as president, had no official role.
In Trump v. United States... the Supreme Court held that presidents are immune from prosecution for certain official conduct—including the defendant's use of the Justice Department in furtherance of his scheme, as was alleged in the original indictment—and remanded to this court to determine whether the remaining allegations against the defendant are immunized.
The answer to that question is no. This motion provides a comprehensive account of the defendant's private criminal conduct; sets forth the legal framework created by Trump for resolving immunity claims; applies that framework to establish that none of the defendant's charged conduct is immunized because it either was unofficial or any presumptive immunity is rebutted; and requests the relief the government seeks, which is, at bottom, this: that the court determine that the defendant must stand trial for his private crimes as would any other citizen.
Smith's filing details what Trump told various people in his inner circle, including then-Vice President Mike Pence, his now-disgraced and twice-disbarred lawyer Rudy Giuliani, and leading White House and Republican Party figures—some of whose names remain undisclosed.
The motion also highlights Trump's actions on January 6, 2021, when his supporters stormed the U.S. Capitol in an attempt to stop Congress from certifying President Joe Biden's Electoral College victory. Trump is still pushing his "Big Lie" that Democrats stole the 2020 election; his running mate, U.S. Sen. J D Vance (R-Ohio), on Tuesday
refused to acknowledge that Trump lost to Biden when he was asked about the election during a vice presidential debate against Democratic Minnesota Gov. Tim Walz.
"Upon receiving a phone call alerting him that Pence had been taken to a secure location, [PERSON 15] rushed to the dining room to inform [Trump] in hopes that the defendant would take action to ensure Pence's safety," the filing states. "Instead, after [P15] delivered the news, the defendant looked at him and said only, 'So what?'"
Smith argued that deceit was central to Trump's efforts, specifically, "the defendant's and co-conspirators' knowingly false claims of election fraud," which they used to purvey the Big Lie.
The motion states:
When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office. With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin (the "targeted states"). His efforts included lying to state officials in order to induce them to ignore true vote counts; manufacturing fraudulent electoral votes in the targeted states; attempting to enlist Pence, in his role as president of the Senate, to obstruct Congress' certification of the election by using the defendant's fraudulent electoral votes; and when all else had failed, on January 6, 2021, directing an angry crowd of supporters to the United States Capitol to obstruct the congressional certification.
For a historic second time, Trump was
impeached by the House of Representatives following his effort to subvert the election, although he was subsequently acquitted by the Senate.
Trump spokesperson Steven Cheung
blasted Smith's motion as "unconstitutional" and "falsehood-ridden."
"Deranged Jack Smith and Washington D.C. Radical Democrats are hell-bent on weaponizing the Justice Department in an attempt to cling to power," Cheung said in a statement aping Trump's habit of overcapitalizing words. "President Trump is dominating, and the Radical Democrats throughout the Deep State are freaking out. This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes."
Democracy defenders, however, welcomed Smith's ruling.
"Jack Smith has shown us yet again the merits of his case against former President Trump," said Lisa Gilbert, co-president of the consumer advocacy group Public Citizen and co-chair of the Not Above the Law Coalition.
"In his filing, Smith clarifies that the alleged criminal actions occurred while Trump was acting as a private citizen," Gilbert added. "The desperate plan that Trump embarked on to try and overturn the results of a legitimate election was reprehensible, irresponsible, and—the document shows—criminal. Accountability to the American people and our democracy is our only path forward."
Judge Chutkan unsealed the motion five weeks before Trump will face off against Democratic Vice President Kamala Harris in a tight presidential election. If he wins, Trump will have the power to order the Department of Justice to drop the criminal charges against him.
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