Here’s the highlight reel of last week’s posts and events.
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Here’s the highlight reel of last week’s posts and events. Grab a cup of coffee and get ready to catch up on anything you missed—links to all of last week’s columns below.
The Week Ahead: We prepared for the week’s legal developments in key matters, including a federal judge’s order to halt the airing of taxpayer-funded pro-Trump ads and the administration’s response; false statements about James Talarico mental health; and subpoenas for the Trump children in Trump’s BBC defamation case. About ICE: Live with Mike Zamore: The ACLU’s Mike Zamore joined us for an incredibly thoughtful conversation about how the Trump administration‘s mass deportation policy is damaging our democracy and each of us as individuals. This conversation is essential listening. We work through how to talk about what’s happening with people who still seem to be inexplicably on the fence or aware of what’s going on but disengaged from the need to do something about it, especially when it comes to the midterm elections. Why Now?: It seems likely that the search warrant executed at Minnesota Representative Ilhan Omar’s D.C. residence early Monday has more to do with politics than legitimate prosecution. Given the timing, you’d expect the government to make it known if there was some risk of evidence being destroyed, one situation that might warrant an action like this so close in time to an election where she’s on the ballot. But it hasn’t offered any explanation despite the unusual circumstances. How We Protect Our Elections: Live with Marc Elias: Marc and I discussed the latest on threats, the effort to protect the elections, and why circulating concerns about the Speaker of the House interfering with election certifications aren’t as big a deal as you may have been told they are. We’re realistic about the risks, but this is really about which each of us can be doing right now to make sure our votes count. It’s More Than Just a Little Routine Maintenance: The administration flouted a judge’s order and cut down more than 400 trees on the East Potomac Golf Course over the weekend. “I have no faith that the government is not going to cut them down unless there’s an order in place not to do so,” Federal District Judge Ana C. Reyes said during a hearing held on Zoom because of the federal holiday on Monday. “Now we’re all going to have a massive fire drill because the government can’t be trusted.” Federal prosecutors have always understood that they could not afford to violate a judge’s trust. But now, behavior that does just that seems to have reached epidemic proportions. Make sure you read this one if you missed it during the week! Yesterday’s Deluge: Live with Katie Phang: Wednesday morning, Katie Phang and I spent some time discussing a number of cases where the government appears to have abandoned the rule of law. As we acknowledged, it’s hard to talk about that—hard to accept that the Justice Department isn’t, in Trump-adjacent cases, committed to following court orders and respecting the rules other litigants have to abide by. We also spend some time confronting consequences. What can courts, which, after all, don’t have armies, do? What can we do? Definitely more than you might think. Boiling the Frogs: This is the first in a series of ten essays, based on selections from my book, Giving Up Is Unforgivable: A Manual For Keeping A Democracy. I’m sure you remember the story of the frog: Placed in the pot while the water is cool, he doesn’t notice when it’s brought to a boil ever so gradually. That was a reasonable explanation for what happened to our country during the first Trump administration. Here’s how the frog metaphor lands with me now, two years into Trump’s second term in office: The danger isn't just failing to recognize what's happening. It's recognizing it and then gradually getting used to it, becoming accustomed to it. Trump’s Ongoing War Against the Free Press: Trump is not getting the easy victory he thought was at hand in his battle against CNN, MS NOW, and Politico over White House hard passes. We walk through the most recent order in this case, which reveals, among other things, that Trump is his own worst enemy. Much of the Judge’s opinion involves simply laying out things he said and explaining why they violate the First Amendment. Five Questions with Gina Hinojosa, Democratic Candidate for Texas Governor: Gina Hinojosa is shockingly strong for a Democrat—leading in some polls—in the Texas gubernatorial race as it heads into the home stretch. That doesn’t surprise people who have followed her career as an unlikely politician. Dig in and get to know this remarkable woman. DOJ v. California: Three weeks before Election Day, Trump’s DOJ tried to stop California from counting ballots based on unproven claims about noncitizen voters. Is the real goal to win in court—or to lay the groundwork for claiming another stolen election?
These are complicated legal times. It’s easy for the truth to get lost in the chaos. Here at Civil Discourse, our goal is to do more than just track headlines. We connect them to the legal precedent and political context that explains why they matter. We don’t forget what’s at stake. We don’t let Trump and his allies rewrite the past.
If you don’t already, subscribe and get analysis based on my 25 years at the Justice Department that will help you see the whole picture and decide for yourself what it means. Your paid subscriptions help me keep the newsletter free and give me the time and resources to research and write it.
We’re in this together,
Joyce
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