Romney: ‘Appalling’ Trump wants to kill border bill so he can ‘blame Biden’

“Sen. Mitt Romney (R-Utah) on Thursday took aim at former President Trump for pushing Republican lawmakers to oppose a border deal so that he could use the issue to campaign against President Biden in the 2024 presidential election.
Romney told CNN’s Manu Raju he thought it was “really appalling” that Trump would try to prevent progress on addressing the surge in migration at the southern border.

“I think the border is a very important issue for Donald Trump,” Romney said. “And the fact that he would communicate to Republican senators and congresspeople that he doesn’t want us to solve the border problem because he wants to blame Biden for it is really appalling.”

“But the reality is that we have a crisis at the border, the American people are suffering as a result of what’s happening at the border, and someone running for president ought to try to get the problem solved as opposed to saying, ‘Hey, save that problem. Don’t solve it. Let me take credit for solving it later,’” Romney continued.”

https://www.yahoo.com/news/romney-appalling-trump-wants-kill-171110219.html

‘Trainwreck’: Conservative GOP senators break on border, Ukraine deal as Donald Trump pressures Republicans

““If someone is running for president and is trying to actively undermine governance, that’s bad,” Sen. Bill Cassidy, R-La., told USA TODAY. “Is it really better to have 10,000 people crossing a day illegally or 5,000? Clearly it’s 5,000. So somebody who is trying to defeat legislation, all in the name of running for office? That is irresponsible.”
Senate Majority Leader Mitch McConnell, R-Ky., acknowledged the new political challenges of linking Ukraine aid to border policy in the closed-door meeting Wednesday, according to reporting by Punchbowl. “We don’t want to do anything to undermine” Trump, McConnell reportedly said. “We’re in a quandary.””

https://www.yahoo.com/news/trainwreck-conservative-gop-senators-break-004108227.html

How death threats get Republicans to fall in line behind Trump

“In early 2021, Richer was an Arizona Republican official who regularly attended local party events. At the time, he was the newly elected county recorder of Maricopa County. The job was a new level of prominence — he was now the most important election supervisory official in the state’s largest county — but going to Arizona Republican events was routine: the kind of thing that Richer, like any state politician, had done hundreds of times before.
But at one event, the crowd heckled and harassed him. When he tried to leave, they dragged him back in, yanking on his arms and shoulders, to berate him about the allegedly stolen 2020 election. He started to worry: Would his own people, fellow Republican Party members, seriously hurt him?

There was a clear reason for the madness. Many of the Republican faithful had recently decided that Maricopa County had been the epicenter of “the steal,” Joe Biden’s theft of Arizona from Donald Trump — and the entire presidential election with it. This wasn’t true, obviously. Richer tried to tell them it wasn’t true, hoping his long track record in the state Republican party would give him some credibility.

It did not. What happened instead reveals a pattern that is quietly reshaping American politics: Across the board and around the country, data reveals that threats against public officials have risen to unprecedented numbers — to the point where 83 percent of Americans are now concerned about risks of political violence in their country. The threats are coming from across the political spectrum, but the most important ones in this regard emanate from the MAGA faithful.

Trump’s most fanatical followers have created a situation where challenging him carries not only political risks but also personal ones. Elected officials who dare defy the former president face serious threats to their well-being and to that of their families — raising the cost of taking an already difficult stand.”

“It’s been well over two years since Richer attended the kinds of Arizona GOP grassroots events where he was once welcome. Today, the institutional Arizona Republican party is dominated by politicians who have embraced Trump’s lies about the election — people like Kari Lake, Blake Masters, and Mark Finchem. The harassment and threats from the MAGA faithful was one weapon in the extremist takeover’s arsenal, working to push voices of sanity out of key party events — breaking even determined ones like Richer.

In Arizona, the Trumpist threat of violence worked. And it worked for reasons that should worry all of us at the beginning of an election year that could decide the fate of American democracy.”

“In 2016, the Capitol Police recorded fewer than 900 threats against members of Congress. In 2017, that figure more than quadrupled, per data provided by the Capitol Police.

The numbers continued to increase in every year of the Trump presidency, peaking at 9,700 in 2021. In 2022, the first full year of Biden’s term, the numbers went down to a still-high 7,500. The 2023 data has not yet been released, but a spike in threats against legislators during the House Republican speaker fight and Israel-Hamas conflict suggests an increase over the 2022 numbers is plausible.

Members of Congress are taking these threats seriously. In September, three journalists at the Washington Post reviewed FEC filings to assess how much candidates for the House and Senate were spending on security. They found an overall increase of 500 percent between 2020 and 2022.”

https://www.vox.com/23899688/2024-election-republican-primary-death-threats-trump

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/

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

The Supreme Court arguments for (and against) removing Trump from the ballot, explained

“The case turns on a previously obscure provision of the 14th Amendment, which provides that anyone who previously held a high office requiring them to swear an oath supporting the Constitution is forbidden from holding a similar office if they “have engaged in insurrection or rebellion” against that Constitution.
The Colorado Supreme Court concluded that Trump engaged in an “insurrection” because he spent months falsely claiming that the 2020 election was “rigged.” He encouraged his supporters to “fight,” suggesting that Democrats would “fight to the death” if the shoe were on the other foot. And Trump named then-Vice President Mike Pence as someone who should be targeted by the pro-Trump mob that invaded the Capitol.

But there is precious little case law laying out what this provision of the Constitution means, or defining key terms like “insurrection” or what it means to “engage in” such an attack on the United States. Since the period immediately following the Civil War, there has not been much litigation involving disloyal public officials who joined an insurrection against the very system of government they swore to defend. So courts asked to interpret the 14th Amendment’s Insurrection Clause — including the Supreme Court — must do so without the ordinary guideposts judges look to when reading the Constitution.”

“In addition to their legal arguments, Colorado Republicans also make a political argument for keeping Trump on the ballot — removing him would deny voters “the ability to choose their Chief Executive through the electoral process.” This purely political argument has garnered sympathy from many observers, including outlets such as the New York Times.

This final argument, if taken seriously by a majority of the justices, could render the 14th Amendment’s Insurrection Clause a dead letter — because it would prevent it from operating in the one circumstance when such a constitutional provision is needed.”

“allowing insurrectionists with significant public support to stand for office would defeat the whole point of the Constitution’s Insurrection Clause.
Unpopular insurrectionists will never get elected to office in the first place because they are unpopular.”

“The Colorado GOP does raise one fairly strong legal argument that supports deferring the question of whether Trump should be removed from the 2024 ballot until, at least, after he is convicted of a crime or otherwise determined to have engaged in insurrection by a federal trial court.

In Ownbey v. Morgan (1921), a case that admittedly had nothing to do with the Insurrection Clause, the Supreme Court said that “it cannot rightly be said that the Fourteenth Amendment furnishes a universal and self-executing remedy.” This means that private litigants ordinarily cannot sue to enforce this amendment, absent some state or federal statute authorizing such lawsuits.”

“the Colorado Supreme Court determined that a state statute permitting voters to challenge candidates’ eligibility to run for office does permit suits seeking to enforce the Insurrection Clause, and states often have the power to pass laws permitting their own courts to enforce the Constitution.”

“as the Colorado GOP warns the justices, the Colorado Supreme Court’s decision also means that “individual litigants, state courts, and secretaries of state in all 50 states plus the District of Columbia have authority” to determine which candidates must be removed from the ballot for violating the 14th Amendment. And, while there is no reason to believe that Colorado’s judges acted in bad faith when they removed Trump, it’s not hard to imagine what could happen in states with less responsible judges if the Colorado decision is allowed to stand.

Imagine, for example, that the Florida Supreme Court — which is made up entirely of Republican appointees, most of whom were appointed by far-right Gov. Ron DeSantis — were to invent some completely fabricated reason to accuse President Joe Biden of engaging in an insurrection, and then imagine that they invoked this pretextual reason to remove Biden from the 2024 ballot.”

“Trump wasn’t exactly denied a trial altogether before he was removed from Colorado’s ballot. But, as Justice Carlos Samour wrote in a dissenting opinion, the process Colorado’s courts used to determine that Trump engaged in an insurrection was unusually truncated. It lacked “basic discovery, the ability to subpoena documents and compel witnesses, [and] workable timeframes to adequately investigate and develop defenses.” And, as Justice Maria Berkenkotter wrote in her dissent, the Colorado courts relied on a process that “up until now has been limited to challenges involving relatively straightforward issues, like whether a candidate meets a residency requirement for a school board election.”

In any event, the Colorado GOP takes its argument that the 14th Amendment is not self-executing too far, suggesting that Trump cannot be disqualified unless he is convicted in a federal court specifically of violating a criminal statute that uses the magic word “insurrection.” But they raise valid points against allowing each state to have the final word on who can run for president, and against allowing Trump to be removed based on the limited process he received in the Colorado system.”

https://www.vox.com/scotus/2024/1/3/24022580/supreme-court-donald-trump-ballot-insurrection-fourteenth-amendment-colorado-anderson

Chris Christie Is Right, Trump’s Trade War Accomplished Nothing

“Trump’s presidency overturned decades of a generally pro-trade Republican consensus and ushered in an era of assuming that trade is bad for American workers and consumers. He hiked tariffs on steel, aluminum, solar panels, washing machines, and a wide range of Chinese goods. For Trump and his allies, those higher tariffs—which were directly paid by American importers and consumers—were meant to reconfigure the trading relationship between America and China.
But Christie is exactly right. It failed.

The one material thing Trump’s trade war accomplished was a so-called “phase one” trade deal with China, which he signed with Chinese President Xi Jinping to much fanfare in December 2019. That deal included a promise that China would buy $200 million more American exports annually. Those increased purchases were supposed to be spread across multiple sectors of the American export economy, something Trump promised would provide much-needed relief to farmers, manufacturers, and other businesses harmed by the tariffs he’d imposed since taking office.

China didn’t do that. According to an analysis by the Peterson Institute for International Economics, American exports to China didn’t even reach pre-trade-war levels in the first year that “deal” was in place. Both countries seem to have quietly dropped any pretense of following through on the agreement.”

https://reason.com/2023/12/07/chris-christie-is-right-trumps-trade-war-accomplished-nothing/

Can the party of Trump really become a multiracial coalition?

“White college-educated voters are becoming more Democratic as white non-college-educated voters are becoming more Republican. That’s because of the fundamental political change Ruffini says is the underlying issue for all of these shifts. Education is becoming the great divider in American politics, helping to explain Democratic improvements with well-educated white voters and their weaknesses with non-college-educated white voters — and now non-college-educated voters of color too. While class and income used to be better tools for telling differences between the political parties’ coalitions, “[t]oday, how much money you make no longer dictates how you vote,” he writes early on. “A college diploma has replaced income as the new marker of social class and the key dividing line in elections.””

https://www.vox.com/2024-elections/23982907/trump-democrats-republicans-working-class-voters-latino-black-voters

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