“In less than four years as president, President Trump has done nearly as much to shape the courts as President Obama did in eight years.
Trump hasn’t simply given lots of lifetime appointments to lots of lawyers. He’s filled the bench with some of the smartest, and most ideologically reliable, men and women to be found in the conservative movement. Long after Trump leaves office, these judges will shape American law — pushing it further and further to the right even if the voters soundly reject Trumpism in 2020.”
…
“Both Obama and Trump appointed two justices to the Supreme Court, but Trump’s impact on the highest Court far exceeds Obama’s, because Trump replaced the relatively moderate conservative Justice Anthony Kennedy with the hard-line conservative Brett Kavanaugh (after appointing conservative Neil Gorsuch to fill Antonin Scalia’s vacant seat). Obama’s appointees — Sonia Sotomayor and Elena Kagan — largely maintained the balance of power on a conservative Court, while Trump has shoved that Court even further to the right.
And that’s not counting Trump Supreme Court nominee Amy Coney Barrett, who is likely to be confirmed soon.
On the courts of appeal, the final word in the overwhelming majority of federal cases, more than one-quarter of active judges are Trump appointees. In less than four years, Trump has named a total of 53 judges to these courts, compared to the 55 Obama appointed during his entire presidency.
In their first terms, Obama appointed 30 appellate judges; President George W. Bush filled only 35 seats on the federal appellate bench; President Clinton, 30; President George H.W. Bush, 42; and President Reagan, 33.”
…
“Before he became president, Trump promised to delegate the judicial selection process to the Federalist Society, a powerful group of conservative lawyers that counts at least four Supreme Court justices among its members. “We’re going to have great judges, conservative, all picked by the Federalist Society,” Trump told a radio show hosted by the right-wing site Breitbart while he was still a candidate.
The Federalist Society spent decades preparing for this moment, and they’ve helped Trump identify many of the most talented conservative stalwarts in the entire legal profession to place on the bench.”
…
” “The average age of circuit judges appointed by President Trump is less than 50 years old,” the Trump White House bragged in early November, “a full 10 years younger than the average age of President Obama’s circuit nominees.”
Trump’s nominees will serve for years or even decades after being appointed. Even if Democrats crush the 2020 elections and win majorities in both houses of Congress, these judges will have broad authority to sabotage the new president’s agenda.
There is simply no recent precedent for one president having such a transformative impact on the courts.”
…
“Broadly speaking, there are two reasons Trump has had such an outsize influence on the federal courts.
The first reason is the effective blockade Senate Majority Leader Mitch McConnell imposed on appellate court confirmations the moment Republicans took over the Senate. McConnell’s effort to block Supreme Court nominee Merrick Garland is well-known. Less well-known are the many lower court nominees who received similar treatment. Under Trump, McConnell has turned the Senate into a machine that churns out judicial confirmations and does little else — he’s ignored literally hundreds of bills passed by the House. Under Obama, by contrast, McConnell’s Senate was the place where judicial nominations went to die.
The numbers here speak for themselves. In the final two years of the Obama presidency, when Republicans controlled the Senate, Obama successfully appointed only two federal appellate judges — and one of those judges, Kara Farnandez Stoll, was confirmed to a highly specialized court that primarily deals with patent law.
By contrast, 10 such judges were confirmed during the same period in the George W. Bush presidency, a period when Democrats controlled the Senate.
The second reason for Trump’s outsize impact on the judiciary is that when Democrats last controlled the Senate, one especially important Democrat — Judiciary Chair Patrick Leahy (VT) — took an unusually expansive view of the rights of the minority party.”
…
“Leahy, who chaired the Committee for most of the Obama presidency, gave home-state senators a simply extraordinary power to block judicial nominees. Under Leahy, a single senator of either party could veto any nominee to a federal judgeship in their state”
…
“Red-state Republicans used the power Leahy gave them to hold many judicial seats open until Obama left office. Sen. Ron Johnson (R-WI) effectively held a seat on the United States Court of Appeals for the Seventh Circuit open for eight years until Trump could fill it.”
…
“The Eastland Rule also weakened Obama’s hand in negotiations with Senate Republicans, and sometimes forced him to name relatively conservative judges in order to placate senators who could veto judicial nominees.”
…
“While Trump has been very successful at filling the bench with brilliant Republican partisans, a Democratic president is unlikely to enjoy similar success.
A badly malapportioned Senate means that to get even a bare majority in the Senate, Democrats have to win commanding popular vote majorities — and if Democrats don’t control the Senate, Democratic nominees could face the Merrick Garland treatment. Just look at the last two years of the Obama presidency if you want to know how a Republican Senate is likely to treat Democratic judicial nominees.”
“During a rally in Duluth, Trump accused Democratic nominee Joe Biden of having a plan “to inundate your state with a historic flood of refugees,” prompting his fans to boo. He then turned his ire on one of his frequent targets of abuse: Rep. Ilhan Omar, a Somali refugee who now represents Minneapolis in Congress.
“And what about Omar? Where she gets caught [ballot] harvesting. What the hell is going on? I hope your US attorney is involved,” Trump continued, referring to a newly released Project Veritas video that alleges (without any evidence) that Omar is involved in election fraud; the video has been dismissed as a “coordinated disinformation campaign” by researchers.
As “lock her up!” chants rang out, Trump added, “I mean, frankly, harvesting’s terrible, but it’s the least of the things that she has done. How the hell — then she tells us how to run our country. Can you believe it? What the hell is wrong with you people? What the hell happened?”
Before his rant was through, Trump suggested that another Congress member of color — Rep. Alexandria Ocasio-Cortez (D-NY) — should also be imprisoned for no reason in particular.
“[Omar’s] been crooked for a long time. This is the least of it. It’s time, and you know what, AOC also. It’s time. It’s time. If you take a look at what they — the corruption. The disgusting corruption,” he said. “Biden will turn Minnesota into a refugee camp.”
Wednesday’s rally marked the second time in less than a month that Trump viciously attacked Omar in particular and the Somali community in general during a speech in Minnesota. On September 26 in Bemidji, Trump alluded to Somalis and asked his fans, sarcastically, “Are you having a good time with your refugees?”
Toward the end of that speech, Trump turned the white supremacy up to 11, telling his almost entirely white audience, “You have good genes, you know that, right? You have good genes. A lot of it is about the genes, isn’t it, don’t you believe? The racehorse theory. You think we’re so different? You have good genes in Minnesota.”
Over a 24-hour period before Trump’s speech in Duluth, his campaign spent more than $10,000 on Facebook ads demonizing refugees. Those ads were ultimately taken down by Facebook for violating the company’s advertising policies.”
“When I asked public health experts how the United States had reached 200,000 coronavirus deaths, several of them cited the misinformation coming from the White House and President Donald Trump himself.
The president has questioned the efficacy of masks, hyped unproven treatments, and continues to promise a vaccine before experts and the drug companies themselves believe it will actually be ready. That lack of clear and accurate communication has now extended to Trump’s own Covid-19 diagnosis, with his doctors seemingly obfuscating the details of the president’s condition. They have outright acknowledged downplaying the seriousness of his symptoms, and the treatment Trump is receiving does not entirely comport with the sunny prognosis advanced by the White House.
The effect of all of these communications failures is diffuse and uncertain. But we do know this much, according to new Cornell University research: The president of the United States was the loudest megaphone for Covid-19 misinformation during the first few months of the pandemic.
The researchers examined more than 1.1 million English-language articles published between January 1 and May 26 in traditional media outlets (retrieved through LexisNexis) that included some Covid-19 misinformation. They represented about 3 percent of the 38 million total articles published about the pandemic in that time.
Of those million-plus articles with misinformation, about 38 percent of them featured Donald Trump and some specific kind of misleading claim of which the president is fond, or a general reference to his penchant for spreading false information.
Trump’s influence is not just reflected in the amount of misleading information, but also the content of it — even if he wasn’t directly the source. Of the various types of misinformation identified by the Cornell study, “miracle cures” are by far the most common. The president has touted, without evidence, the effectiveness of hydroxychloroquine and said he’d taken a course himself.”
…
“In an unprecedented health care emergency, Americans needed clear and accurate information from their federal government. Instead, President Trump has sowed discord and doubt and disinformation, making it harder for the country to contain Covid-19.”
“the biggest payoff for Operation Warp Speed could be the rapid deployment of a vaccine once one is approved. The upfront investment for drug companies to produce vaccine doses without knowing whether they will ever be used is the kind of thing the federal government is best positioned to do. Risk-averse pharmaceutical companies wouldn’t ordinarily spend hundreds of millions of dollars in that way otherwise.
“We want to make it worthwhile for these companies to do that under these conditions of uncertainty,” Sachs said.
Warp Speed has become in effect a military operation, with a STAT report on its organizational structure revealing that the military personnel working on the project actually outnumber the civilians. The military has flown equipment and raw materials around the world to manufacturing centers, and it will likely play a central role in vaccine distribution. Even Joe Biden has compared that process to a large-scale military operation.”
…
“Not only have Trump’s public comments and this lack of coordination hindered the project, but the administration’s singular focus on Warp Speed has arguably led to other parts of the US pandemic response being undermined.
As Bloomberg reported in late September, the Trump administration has redirected about $6 billion in federal funding meant for the National Strategic Stockpile to Operation Warp Speed, even though protective equipment shortages persist. And about $1 billion in CDC funding, which otherwise would have been sent to state and local health agencies, was also steered to the project, according to Bloomberg.”
“Trump administration officials have repeatedly denied that they pursued a policy of intentionally separating immigrant families arriving at the southern border in 2018 — depicting the separation of parents from their children as a side effect of a “zero tolerance” policy of prosecuting all border crossers.
A new draft report from a government watchdog obtained by the New York Times shows they were lying.
“We need to take away children,” then-Attorney General Jeff Sessions reportedly told five US attorneys on the border during a meeting in May 2018 (to the lawyers’ alarm), adding that if parents care about their children, they shouldn’t bring them to the US in order to seek “amnesty.””
…
“While former Homeland Security Secretary Kirstjen Nielsen has largely taken the blame for the policy publicly, it turns out that Sessions and his deputy Rod Rosenstein were much more directly involved in pushing for family separations than previously known.”
…
“Rosenstein also emphasized the policy, telling the US attorneys that no children were too young to be separated from their parents. One of the prosecutors, John Bash, decided not to prosecute two cases involving families in which the children were just babies, and Rosenstein told him he should have gone ahead.
Bash later told his staff that the cases should not have been declined: “Per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child,” he said.”
…
” for the duration of the zero-tolerance policy, prosecutors actually had a harder time enforcing the law in serious felony cases because they were overwhelmed in trying to prosecute every person who crossed the border without authorization. According to the report, a Texas prosecutor informed the DOJ in 2018 that “sex offenders” were consequently freed from custody. The US Marshals Service was also unprepared for the implementation of the zero-tolerance policy, meaning that it had to divert resources from serving warrants in other cases, the report said.”
…
“Senior Trump administration officials, including Nielsen, have repeatedly denied that they pursued a policy of family separation”
…
“It was later revealed that she had, in fact, signed a memo greenlighting the practice, which clearly stated that DHS could “permissibly direct the separation of parents or legal guardians and minors held in immigration detention so that the parent or legal guardian can be prosecuted.””
“Trump’s business model, which goes something like this: Launch several businesses, many of which hemorrhage millions of dollars each year, and use the publicity from those businesses to make money on personal branding. The latter is highly profitable, earning Trump $427.4 million between 2004-2018. The losses from the former—his hotels and resorts for instance—are then used to largely offset his tax liability.
The Times’ report does erode the savvy businessman brand Trump has sought to cultivate for himself, both commercially and as a candidate for office. The president is not necessarily the astute entrepreneur he claims to be, though he may be uniquely skilled at making money by wasting money. His most high-profile business successes—his golf courses—have reportedly lost $315 million since 2000. The Trump International Hotel in Washington, D.C., just opened in 2016, has already lost $55 million, both numbers according to the Times.
Losing money for a living is certainly an unorthodox business model, but that doesn’t make it illegal.
Trump’s deductions don’t stop there, however. There’s also the $9.7 million tax credit Trump claimed to renovate the Old Post Office building in Washington, D.C., which would later become the aforementioned Trump hotel. That fell under the historic preservation tax clause, an entirely legal tax incentive meant to encourage the redevelopment of old structures.
It could be legally problematic, or just another revealing symptom of U.S. tax law, that Trump has claimed millions of dollars in unspecified consulting fees on various business projects, which typically amounted to 20 percent of his income, according to the Times. Ivanka Trump was allegedly the recipient of hundreds of thousands of dollars in such consulting fees. The president also declared $1.4 billion in business losses in 2008 and 2009. An IRS audit is ongoing.”
…
“Our tax code, which Bishop-Henchman says was written in the style of a “phone book,” is replete with overly complex rules and regulations meant to influence the public’s economic behavior. Former Vice President Joe Biden is no stranger to this. “I have nothing against Amazon,” he wrote in June of 2019, “but no company pulling in billions of dollars of profits should pay a lower tax rate than firefighters and teachers. We need to reward work, not just wealth.” The tech behemoth paid no federal taxes in 2018 after making use of legal tax incentives established by Congress, of which Biden was a member for 36 years. For example, Amazon invested $22.6 billion in research and development in 2017, something the legislature hopes will spur job creation and economic growth.”
“President Donald Trump has been touting chloroquine and hydroxychloroquine since March as effective treatments for COVID-19. He even took hydroxychloroquine as a prophylactic measure for two weeks in May.
Last week, when the president was hospitalized for a COVID-19 infection, his physicians listed the medications with which he is being treated. Hydroxychloroquine is notable by its absence.
Instead, the president has been aggressively treated with Regeneron Pharmaceuticals’ polyclonal antibodies. This combination of two monoclonal antibodies aims to block the coronarvirus from infecting cells, providing extra time for patients’ immune systems to ramp up their own natural defenses against the virus. While the treatment is still in clinical trials, preliminary reports suggest that it does substantially help to alleviate COVID-19 symptoms.”
“There are 1.2 million foreign students in the United States, enrolled in 5,300 American colleges and universities. Most come to America on nonimmigrant F-1 and M-1 visas that require them to maintain a full course load at universities approved by the Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program. In order to guard against diploma mills, the program grants accreditation mostly to universities that offer classroom instruction and usually limits foreign students to three credit hours of online instruction per semester.
When COVID-19 hit and colleges moved online, ICE did the sensible thing and allowed international students to finish their spring and summer semesters by taking their classes online without voiding their visas. The agency rescinded that guidance in early July, however, ordering international students attending online-only programs to either leave or face deportation and risk getting barred from the U.S. for 10 years. This meant several hundred thousand foreign students would have had to quickly terminate leases on apartments, uproot the lives they’ve built here, and find exorbitantly expensive flights back home without any idea of when they would be allowed to return to complete their education.
Lawsuits by Harvard University and the Massachusetts Institute of Technology prompted the Trump administration to issue new rules in late July allowing foreigners who are already enrolled to continue their studies online. But even though students who are here will be allowed to stay, the new rules will still deny visas to incoming freshmen from abroad whose universities are offering only online courses in response to the pandemic. They can either defer for a semester or begin their programs online from their home countries—a logistically challenging proposition for many due to time differences.
Roughly 80,000 people, or about 30 percent of new international students, even before the new pandemic visa rules, had decided not to come this fall, according to Brad Farnsworth, vice president of the American Council on Education. Given the political uncertainty, many of them might permanently abandon their plans to study in the U.S. and go to more welcoming countries instead.
The ban is a major hit to American universities. International students constitute 5.5 percent of all students. They pump around $41 billion into colleges annually and support nearly 460,000 jobs on campus and in surrounding communities. Many of them pay full tuition, which subsidizes the price tag for American kids. Universities also depend on foreign graduate students to assist in classroom instruction, especially in science, technology, engineering, and math (STEM) fields.
America was already facing declining international enrollment for three years straight. The administration’s move will only intensify that trend.”
“As to why the Trump administration is suddenly up in arms about racial bias training and critical race theory — a framework that’s existed for about 40 years — the OMB memo cites press reports as factors in Trump’s decision. In July, Fox News began airing segments featuring conservative activist Christopher F. Rufo, who in mid-August told Tucker Carlson that he was “declaring a one-man war against critical race theory in the federal government, and I’m not going to stop these investigations until we can abolish it within our public institutions.” He tweeted on August 20, “My goal is simple: to persuade the President of the United States to issue an executive order abolishing critical race theory in the federal government.”
Rufo appeared on Carlson’s show once more on September 2, just two days before the memo’s release. Conservative media celebrated the document as a win; in response to a Breitbart article about the memo, Trump tweeted on September 5: “This is a sickness that cannot be allowed to continue. Please report any sightings so we can quickly extinguish!””
…
“critical race theory rejects the belief that “what’s in the past is in the past” and that the best way to get beyond race is to stop talking about it. Instead, America must reckon with how its values and institutions feed into racism.
Critical race theory was also a lens through which these legal scholars could analyze policies and the law, accepting that “racism has contributed to all contemporary manifestations of group advantage and disadvantage along racial lines,” like differences in income, incarceration rates, health outcomes, housing, educational opportunities, political representation, and military service. The ultimate goal was to eliminate racial oppression as part of the broader mission of ending all kinds of oppression — including that based on class or sexual orientation. According to the authors, it’s not enough to just make adjustments within established hierarchies; it’s necessary to challenge the hierarchies themselves.”
…
“According to Crenshaw, at the foundation of many of these theories is a psychological insecurity on the part of white people who fear their racial status is being threatened. Historically, the tendency has been for white people to align with whiteness, even across class lines, Crenshaw noted. “What remains to be seen is whether the resistance to it is nearly as powerful as the tendency toward it.”
Trump drove the tendency home in his address at the White House Conference on American History, acknowledging that he plans to take this fight beyond federal contractors and into America’s schools with an executive order that bolsters “patriotic education.”
“Critical race theory is being forced into our children’s schools, it’s being imposed into workplace trainings, and it’s being deployed to rip apart friends, neighbors, and families,” Trump said. “Teaching this horrible doctrine to our children is a form of child abuse in the truest sense of those words.”
Trump wants his critics to accept the status quo — that we already live in a fair and just America — Crenshaw said. Yet critical race theory remains relevant as people in cities and small towns across the country lead ongoing protests for Black lives following the death of George Floyd in late May. Americans and organizations have pledged to become anti-racist, to actively recognize how silence or inaction amounts to complicity. Activists are also pushing for anti-racist education in schools and anti-racism trainings in workplaces”
“On Monday, we learned White House press secretary Kayleigh McEnany tested positive for the coronavirus that causes Covid-19. McEnany — and others in the White House cluster — failed to follow public health guidelines and quarantine, though she had been exposed to colleagues confirmed to have Covid-19.
She also briefed reporters twice — on Friday and Sunday — without wearing a mask, putting them at risk of the virus.
McEnany joins a list of at least 20 people in the White House cluster — including two of McEnany’s aides, White House staff, journalists, Congress members, and others — who’ve tested positive after Trump and first lady Melania Trump announced they tested positive on Friday. White House aide Hope Hicks, who had traveled with the president earlier in the week, also tested positive and was reportedly experiencing symptoms Wednesday.”
…
“the president and his staff’s failure to consistently wear a face mask while in close contact with colleagues and reporters in the White House and in public settings — the guidance of his own Centers for Disease Control and Prevention — put them at higher risk for infection and of spreading the virus to others, since asymptomatic people can transmit the virus.”