DeSantis vs. Disney: Florida’s Fight Over Private Governance

“On April 22, 2022, Florida Gov. Ron DeSantis signed a bill dissolving the Reedy Creek Improvement District, ending perhaps the most successful experiment in private governance in U.S. history. The bill ended an arrangement that turned a swamp on the edges of Orlando into the home of Walt Disney World, one of the busiest tourist destinations on Earth. The governor’s victory is not yet final—while the district was formally dissolved earlier this year, Disney attorneys quickly outfoxed DeSantis, delegating many of the district’s powers back to the company. The company is now suing to reverse the change altogether.”

“DeSantis’ attempt to dissolve the district is a blatant effort to bully a private company because he disapproved of its constitutionally protected speech. At best, it reveals DeSantis as a culture warrior rather than a small-government conservative. At worst, it exposes DeSantis as a politician willing to toss out the rule of law and free markets to score cheap political points, in the lead-up to a Republican presidential primary in which he’s struggling to meet expectations.”

“Looking back over the past half-century, it’s safe to say that the Reedy Creek Improvement District has been a remarkably successful experiment in private governance. If Disney World isn’t technically a city, it may as well be. On a typical day, the district hosts 160,000 visitors and 77,000 employees, which would put it among the top 100 U.S. cities, well above Walt’s vision of 20,000 EPCOT residents. Approximately 32,000 hotel rooms house tens of thousands of temporary—and nonvoting—residents each night.
The district had been a laboratory for public services, running instructive experiments in everything from mosquito abatement to green energy—though it never built that nuclear power plant. The district’s boutique EPCOT Building Code, a nod to Walt’s original ambitions for the project, optimizes safety and innovation better than the typical U.S. building code does. The district is still, for the most part, ringed by a carefully managed greenbelt, and the Disney World monorail is the ninth-busiest rapid transit system in the country.”

“Even well beyond its official boundaries, it’s nearly impossible to ignore the transformative impact of the Reedy Creek Improvement District. Orlando has been among the fastest-growing cities in the U.S. every decade since 1970, and its metropolitan population has quadrupled from approximately 344,000 to 1.5 million residents. Today, Orlando—and Florida as a whole—is synonymous with tourism, an economic powerhouse that holds the undisputed title of “theme park capital of the world.””

“Far from being a failure, the Reedy Creek Improvement District has been a runaway economic development success, matched only by the free market economic zones that created Singapore and Hong Kong or turned China from a nation of peasant farmers into an industrialized nation in a single generation. The worst that can be said about it is that Florida didn’t create even more such districts, offering a level playing field to competitors such as Universal Studios. With new cities and charter cities once again in vogue, we should be discussing the district as a model rather than pondering its apparent death.”

https://reason.com/2023/12/16/desantis-vs-disney-floridas-fight-over-private-governance/

Was the Capitol Riot an ‘Insurrection,’ and Did Trump ‘Engage in’ It?

“Trump’s misconduct included his refusal to accept Biden’s victory, his persistent peddling of his stolen-election fantasy, his pressure on state and federal officials to embrace that fantasy, the incendiary speech he delivered to his supporters before the riot, and his failure to intervene after a couple thousand of those supporters invaded the Capitol, interrupting the congressional ratification of the election results. All of that was more than enough to conclude that Trump had egregiously violated his oath to “faithfully execute” his office and to “preserve, protect and defend the Constitution.” It was more than enough to justify his conviction for high crimes and misdemeanors in the Senate, which would have prevented him from running for president again.”

“”At oral argument,” the opinion notes, “President Trump’s counsel, while not providing a specific definition, argued that an insurrection is more than a riot but less than a rebellion. We agree that an insurrection falls along a spectrum of related conduct.” But the court does not offer “a specific definition” either: “It suffices for us to conclude that any definition of ‘insurrection’ for purposes of Section Three would encompass a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish a peaceful transfer of power in this country.”
That description suggests a level of intent and coordination that seems at odds with the chaotic reality of the Capitol riot. Some rioters were members of groups, such as the Oath Keepers and the Proud Boys, that thought the use of force was justified to keep Trump in office. But even in those cases, federal prosecutors had a hard time proving a specific conspiracy to “hinder or prevent the U.S. government from taking the actions necessary to accomplish a peaceful transfer of power” by interrupting the electoral vote tally on January 6. And the vast majority of rioters seem to have acted spontaneously, with no clear goal in mind other than expressing their outrage at an election outcome they believed was the product of massive fraud.

They believed that, of course, because that is what Trump told them. But to the extent that Trump bears moral and political responsibility for riling them up with his phony grievance (which he does), his culpability hinges on the assumption that the rioters acted impulsively and emotionally in the heat of the moment. That understanding is hard to reconcile with the Colorado Supreme Court’s premise that Trump’s hotheaded supporters acted in concert with the intent of forcibly preventing “a peaceful transfer of power.”

Nor is it clear that Trump “engaged in” the “insurrection” that the court perceives. After reviewing dictionary definitions and the views of Henry Stanbery, the U.S. attorney general when the 14th Amendment was debated, the majority concludes that “‘engaged in’ requires ‘an overt and voluntary act, done with the intent of aiding or furthering the common unlawful purpose.'”

Trump’s pre-riot speech was reckless because it was foreseeable that at least some people in his audience would be moved to go beyond peaceful protest. Some 2,000 of the 50,000 or so supporters he addressed that day (around 4 percent) participated in the assault on the Capitol. But that does not necessarily mean Trump intended that result. In concluding that he did, the court interprets Trump’s demand that his supporters “fight like hell” to “save our democracy” literally rather than figuratively. It also notes that he repeatedly urged them to march toward the Capitol. As the court sees it, that means Trump “literally exhorted his supporters to fight at the Capitol.”

The justices eventually concede that Trump, who never explicitly called for violence, said his supporters would be “marching to the Capitol building to peacefully and patriotically make your voices heard.” But they discount that phrasing as cover for Trump’s actual intent. Given Trump’s emphasis on the necessity of “fight[ing] like hell” to avert the disaster that would result if Biden were allowed to take office, they say, the implicit message was that the use of force was justified. In support of that conclusion, the court cites Chapman University sociologist Peter Simi, who testified that “Trump’s speech took place in the context of a pattern of Trump’s knowing ‘encouragement and promotion of violence,'” which he accomplished by “develop[ing] and deploy[ing] a shared coded language with his violent supporters.”

That seems like a pretty speculative basis for concluding that Trump intentionally encouraged his supporters to attack the Capitol. Given what we know about Trump, it is perfectly plausible that, unlike any reasonably prudent person, he was heedless of the danger that his words posed in this context.”

“The Colorado Supreme Court’s belief that Trump intentionally caused a riot also figures in its rejection of his argument that his January 6 speech was protected by the First Amendment. The relevant standard here comes from the U.S. Supreme Court’s 1969 decision in Brandenburg v. Ohio, which involved a Klansman who was convicted of promoting terrorism and criminal syndicalism. Under Brandenburg, even advocacy of illegal conduct is constitutionally protected unless it is both “directed” at inciting “imminent lawless action” and “likely” to do so.

The Colorado Supreme Court quotes the 6th Circuit’s elucidation of that test in the 2015 case Bible Believers v. Wayne County: “The Brandenburg test precludes speech from being sanctioned as incitement to riot unless (1) the speech explicitly or implicitly encouraged the use of violence or lawless action, (2) the speaker intends that his speech will result in the use of violence or lawless action, and (3) the imminent use of violence or lawless action is the likely result of his speech.”

It is hard to deny that Trump’s speech satisfies the third prong, which is why it provoked so much well-deserved criticism and rightly figured in his impeachment. But what about the other two prongs?

Applying the first prong, the court cites “the general atmosphere of political violence that President Trump created before January 6” as well as the “coded language” of his speech that day. As evidence of the “specific intent” required by the second prong, it notes that “federal agencies that President Trump oversaw identified threats of violence ahead of January 6.” It also cites what it takes to be the implicit message of Trump’s speech and his reluctance to intervene after the riot started.

“President Trump intended that his speech would result in the use of violence or lawless action on January 6 to prevent the peaceful transfer of power,” the court says. “Despite his knowledge of the anger that he had instigated, his calls to arms, his awareness of the threats of violence that had been made leading up to January 6, and the obvious fact that many in the crowd were angry and armed, President Trump told his riled-up supporters to walk down to the Capitol and fight. He then stood back and let the fighting happen, despite having the ability and authority to stop it (with his words or by calling in the military), thereby confirming that this violence was what he intended.””

https://reason.com/2023/12/21/was-the-capitol-riot-an-insurrection-and-did-trump-engage-in-it/

Hong Kong Police Targeting Overseas Activists and Speech

“Hong Kong is using its national security law to arrest and prosecute critics residing in the United States. The Hong Kong police recently announced cash bounties of HK$1 million ($128,000) for information leading to the arrest of five young activists. The targets—Frances Hui, Joey

Special counsel probe uncovers new details about Trump’s inaction on Jan. 6: Sources

“Special counsel Jack Smith’s team has uncovered previously undisclosed details about former President Donald Trump’s refusal to help stop the violent attack on the U.S. Capitol three years ago as he sat watching TV inside the White House, according to sources familiar with what Smith’s team has learned during its Jan. 6 probe.
Many of the exclusive details come from the questioning of Trump’s former deputy chief of staff, Dan Scavino”

“Sources said Scavino told Smith’s investigators that as the violence began to escalate that day, Trump “was just not interested” in doing more to stop it.

Sources also said former Trump aide Nick Luna told federal investigators that when Trump was informed that then-Vice President Mike Pence had to be rushed to a secure location, Trump responded, “So what?” — which sources said Luna saw as an unexpected willingness by Trump to let potential harm come to a longtime loyalist.

House Democrats and other critics have openly accused Trump of failing to do enough that day, with the Democrat-led House select committee accusing Trump of committing “an utter moral failure” and “a clear dereliction of duty.” But what sources now describe to ABC News are the assessments and first-hand accounts of several of Trump’s own advisers who stood by him for years — and were among the few to directly engage with him throughout that day.”

“According to sources, when speaking with Smith’s team, Scavino recalled telling Trump in a phone call the night of Jan. 6: “This is all your legacy here, and there’s smoke coming out of the Capitol.””

https://www.yahoo.com/gma/special-counsel-probe-uncovers-details-130200050.html

When Trump tells you he’s an authoritarian, believe him

“Perhaps the clearest sign came in a speech on Veterans Day where he vowed to “root out the communists, Marxists, fascists, and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections.” Calling one’s opponents subhuman and vowing aggressive action against them is a hallmark of classical fascist rhetoric, so much so that the Washington Post’s headline — on a news article, not an opinion piece — described it as “echoing dictators Hitler [and] Mussolini.”
They’re not wrong: Anyone familiar with Nazi propaganda can tell you that it commonly dehumanized Jews by describing us as rats or diseases. Trump has used such language more than once: Just last month, he claimed immigrants were “poisoning the blood of our country.”

This incendiary language is backed by an incendiary policy agenda. Trump and his team have a series of proposals to crack down on dissent, including by remaking the Justice Department into a tool for jailing his enemies and sending troops to suppress protests. They aim to launch mass anti-immigrant raids and detain the people he rounds up in camps. They have extensive plans to replace as many as 50,000 career civil servants with ideologues and toadies, putting people ready and willing to undermine the rule of law in key positions to act on Trump’s dubious orders.

Given Trump’s track record, we should take these threats seriously. Let’s not forget that many thought it was unthinkable that Trump would attempt a kind of coup after the 2020 election. We now know that’s exactly what happened, up to and including inciting an actual riot on January 6.”

https://www.vox.com/2023/11/14/23958866/trump-vermin-authoritarian-democracy

How Myanmar’s resistance could topple its military government — for good

“A coalition of ethnic armed militias in Myanmar have launched what could be the best possible chance to overthrow the military government that has controlled the country since a 2021 coup ousted the democratically elected National League for Democracy (NLD).
If successful, this could be the groundwork for a more normalized democracy for a country that has historically been dominated by military juntas and dictators. Engagement from civil society has been high and is a key factor that can turn military victories into long-term successes. Still, nothing is guaranteed, and the fight is likely to be difficult.

On October 27, the Three Brotherhood Alliance, a coalition of three ethnic armed groups, launched a well-coordinated offensive in the eastern Shan state, the largest of Myanmar’s seven states by land area. The surprise attack successfully captured several government military installations by the Chinese border and has also inspired other armed groups to launch their own successful campaigns against the repressive Tatmadaw or State Administration Council, as the junta is called in Myanmar.

Myanmar has been under military rule for much of its history as an independent nation; as in many other Southeast Asian nations, democratic movements have struggled to gain traction against powerful and entrenched military interests. After a decade of democratic reforms driven by a series of popular uprisings against the military government, Myanmar seemed to break from the past; in 2015 and 2020, the country held free elections, which the NLD won handily. But the Tatmadaw seized power in 2021, igniting nearly three years of brutal civil conflict in which the government has killed thousands of civilians.

Though the Three Brotherhood Alliance and similar ethnic armed groups have not taken over the whole country and the Tatmadaw still has far more firepower than any of the armed groups, the October 27 offensive and ensuing military successes have kindled a cautious hope that the military dictatorship could be toppled.”

https://www.vox.com/world-politics/2023/11/25/23975516/myanmar-military-junta-tatmadaw-three-brotherhood-alliance-china

‘I’ve prayed for each of you’: How Mike Johnson led a campaign of election denial

““This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” Johnson said at the meeting, according to a record of his comments obtained by POLITICO, before urging his fellow Republicans to join him in opposing the results.
A review of the chaotic weeks between Trump’s defeat at the polls on Nov. 3, 2020, and the Jan. 6 Capitol attack shows that Johnson led the way in shaping legal arguments that became gospel among GOP lawmakers who sought to derail Biden’s path to the White House — even after all but the most extreme options had elapsed.

As Trump’s legal challenges faltered, Johnson consistently spread a singular message: It’s not over yet. And when Texas filed a last-ditch lawsuit against four states on Dec. 8, 2020, seeking to invalidate their presidential election results and throw out millions of ballots, Johnson quickly revealed he would be helming an effort to support it with a brief signed by members of Congress.

Throughout that period, Johnson was routinely in touch with Trump, even more so than many of his more recognizable colleagues.

Some of Johnson’s vocal opponents at the Jan. 5, 2021, closed-door meeting were Reps. Chip Roy (R-Texas) and Don Bacon (R-Neb.), who warned Johnson’s plan would lead to a constitutional and political catastrophe.

“Let us not turn the last firewall for liberty we have remaining on its head in a bit of populist rage for political expediency,” Roy said at the time, according to the record.

Nearly three years later, on Wednesday afternoon, Roy and Bacon cast two of the unanimous House GOP votes to make Johnson the next speaker.”

“Johnson then ran through a litany of allegations of election law changes in key states that he said were unconstitutional — and then he lent credence to a discredited claim of election fraud: “The allegation about these voting machines, some of them being rigged with the software by Dominion — look, there’s a lot of merit to that.”

In the same interview, Johnson — who as speaker will be privy to the nation’s most sensitive intelligence secrets — returned to the Dominion matter. He embraced the false description of Dominion machines as “a software system that is used all around the country that is suspect because it came from Hugo Chavez’s Venezuela.”

When the hosts pressed Johnson on Trump’s losses in court, the Louisianan noted that there were still a dozen suits pending but it was an “uphill climb.” Later that day, House Republicans elected Johnson as the vice chair of the GOP conference.

When Johnson joined the effort to support Texas’ fight at the Supreme Court, he said Trump had been in touch with him yet again.

“President Trump called me this morning to let me know how much he appreciates the amicus brief we are filing on behalf of Members of Congress,” Johnson tweeted the next day.”

https://www.politico.com/news/2023/10/25/mike-johnson-trump-election-gambit-00123611

India’s Alleged Assassination of a Dissident in Canada Highlights Repression Across Borders

“”The Chinese Communist regime, often with the aid of other governments, is systematically hunting down its political and religious exiles, no matter where in the world they seek refuge,” Nate Schenkkan and Sarah Cook reported in 2021 for The Diplomat.
“Fox Hunt is a sweeping bid by General Secretary Xi [Jinping] to target Chinese nationals whom he sees as threats and who live outside China, across the world,” FBI Director Christopher Wray charged in a 2020 speech. “We’re talking about political rivals, dissidents, and critics seeking to expose China’s extensive human rights violations. Hundreds of the Fox Hunt victims that they target live right here in the United States, and many are American citizens or green card holders.”

In April of this year, authorities arrested two men accused of helping establish a secret Chinese “police station” in New York’s Chinatown. “The PRC, through its repressive security apparatus, established a secret physical presence in New York City to monitor and intimidate dissidents and those critical of its government,” according to U.S. Assistant Attorney General Matthew Olsen.”

“Turkey’s government, it should be noted, cooperates with Beijing to silence Muslim Uyghur refugees who fled to Turkey, and it has sought assistance in muzzling its own dissidents. “Uzbekistani security services helped abduct a man from his apartment in Tashkent and return him to Turkey,” notes Freedom House.”

https://reason.com/2023/09/27/indias-alleged-assassination-of-a-dissident-in-canada-highlights-repression-across-borders/