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January 21, 2024 Heather Cox Richardson
On January 22, 1973, the Supreme Court handed down the Roe v. Wade decision. By a 7–2 vote, the Supreme Court found that the Fourteenth Amendment to the Constitution guaranteed the right of privacy under its “concept of personal liberty and restrictions upon state action.” This right to privacy, the court said, guarantees a pregnant woman the right to obtain an abortion without restriction in the first trimester of a pregnancy. After that point, the state can regulate abortion, it said, “except when it is necessary to preserve the life or health of the mother.”
The right to privacy is a “fundamental right,” the court said, and could be regulated by the state only under a “compelling state interest.”
Abortion had always been a part of American life, but states began to criminalize the practice in the 1870s. By 1960, an observer estimated, there were between 200,000 and 1.2 million illegal U.S. abortions a year, endangering women, primarily poor ones who could not afford a workaround.
To stem this public health crisis, doctors wanted to decriminalize abortion and keep it between a woman and her doctor. In the 1960s, states began to decriminalize abortion on this medical model, and support for abortion rights grew. The rising women’s movement wanted women to have control over their lives. Its leaders were latecomers to the reproductive rights movement, but they came to see reproductive rights as key to self-determination.
By 1971, even the evangelical Southern Baptist Convention agreed that abortion should be legal in some cases, and by 1972, Gallup pollsters reported that 64% of Americans agreed that abortion should be between a woman and her doctor. Sixty-eight percent of Republicans, who had always liked family planning, agreed, as did 59% of Democrats.
In keeping with that sentiment, the Supreme Court, under Republican Chief Justice Warren Burger, in a decision written by Republican Harry Blackmun, overrode state antiabortion legislation by recognizing the constitutional right to privacy under the Fourteenth Amendment.
The common story is that Roe sparked a backlash. But legal scholars Linda Greenhouse and Reva Siegel showed that opposition to the eventual Roe v. Wade decision began before the 1972 election in a deliberate attempt to polarize American politics. President Richard Nixon was up for reelection in that year, and with his popularity dropping, his advisor Pat Buchanan urged Nixon to woo Catholic Democrats over the issue of abortion. In 1970, Nixon had directed U.S. military hospitals to perform abortions regardless of state law, but in 1971, using Catholic language, he reversed course to split the Democrats, citing his personal belief “in the sanctity of human life—including the life of the yet unborn.”
As Nixon split the U.S. in two to rally voters, his supporters used abortion to stand in for women’s rights in general. Railing against the Equal Rights Amendment, in her first statement on abortion in 1972, activist Phyllis Schlafly did not talk about fetuses but instead spoke about “women’s lib”—the women’s liberation movement—which she claimed was “a total assault on the role of the American woman as wife and mother, and on the family as the basic unit of society.”
A dozen years later, sociologist Kristin Luker discovered that “pro-life” activists believed that selfish “pro-choice” women were denigrating the roles of wife and mother and were demanding rights they didn’t need or deserve.
By 1988, radio provocateur Rush Limbaugh demonized women’s rights advocates as “feminazis” for whom “the most important thing in life is ensuring that as many abortions as possible occur.” The issue of abortion had become a way to denigrate the political opponents of the radicalizing Republican Party.
Such rhetoric turned out Republican voters, especially the white evangelical base, and Supreme Court justices nominated by Republicans began to chip away at Roe v. Wade.
But support for safe and legal abortion has always been strong, and Republican leaders almost certainly did not expect the decision to fall entirely. Then, to the surprise of party leaders, the white evangelical base in 2016 elected Donald Trump to the White House. To please that base, he nominated to the Supreme Court three extremists, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The three promised in their confirmation hearings to respect settled law, which senators chose to interpret as a promise to leave Roe v. Wade largely intact.
Even so, Trump’s right-wing nominees could not win confirmation to the Supreme Court until then–Senate majority leader Mitch McConnell (R-KY) in 2017 ended the filibuster for Supreme Court justices, reducing the votes necessary for confirmation from 60 to as low as 50. Fifty-four senators confirmed Gorsuch; 50 confirmed Kavanaugh; 52 confirmed Barrett.
On June 24, 2022, by a vote of 6 to 3, in the Dobbs v. Jackson Women’s Health Organization decision, the Supreme Court overturned Roe v. Wade. Five of the justices said: “The Constitution does not confer a right to abortion.”
For the first time in American history, rather than expanding the nation’s recognition of constitutional rights, the Supreme Court took away the recognition of a constitutional right that had been honored for almost 50 years. Republican-dominated states immediately either passed antiabortion legislation or let stand the antiabortion measures already on the books that had been overruled by Roe v. Wade.
But the majority of Americans didn’t support either the attack on abortion rights or the end of a constitutional right. Support for abortion rights had consistently been over 60% even during the time Roe was under attack, but the Dobbs decision sent support for abortion as Roe v. Wade established it to 69%. Only 13% want it illegal in all circumstances. Since Dobbs, in every election where abortion was on the ballot, those protecting abortion rights won handily, including last week, when Tom Keen won a special election in Florida, flipping a seat in the state House from Republican to Democratic.
But I wonder if there is more behind the fury over the Dobbs decision than just access to abortion, huge though that is.
In the 1850s, elite southern enslavers quietly took over first the Democratic Party, and then the Senate, the White House, and then the Supreme Court. Northerners didn’t pay much attention to the fact that their democracy was slipping away until suddenly, in 1854, Democrats in the House of Representatives caved to pressure from the party’s southern wing and passed the Kansas-Nebraska Act. That law overturned the Missouri Compromise, which had kept enslavement out of much of the West, and had stood since 1820, so long that northerners thought it would stand forever.
With the passage of the Kansas-Nebraska Act, human enslavement would become the law of the land, and the elite southern enslavers, with their concentration of wealth and power, would rule everyone else. It appeared that American democracy would die, replaced by an oligarchy.
But when the Kansas-Nebraska bill passed, northerners of all parties came together to stand against those trying to destroy American democracy. As Illinois lawyer Abraham Lincoln put it: “We rose each fighting, grasping whatever he could first reach—a scythe—a pitchfork—a chopping axe, or a butcher’s cleaver,” to fight against the minority trying to impose its will on the majority. Within a decade, they had rededicated themselves to guaranteeing “that government of the people, by the people, for the people, shall not perish from the earth.”
I wonder if Dobbs, with its announcement that when Republicans are given power over our legal system they do not consider themselves obligated to recognize an established constitutional right, will turn out to be today’s version of the Kansas-Nebraska Act.
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Notes:
https://news.gallup.com/poll/350804/americans-opposed-overturning-roe-wade.aspx
Linda Greenhouse and Reva B. Siegel, “Before (and After) Roe v. Wade: New Questions About Backlash,” The Yale Law Journal, 120 (June 2011): 2028–2087, at https://www.jstor.org/stable/41149586
https://awpc.cattcenter.iastate.edu/2016/02/02/whats-wrong-with-equal-rights-for-women-1972/
https://www.nytimes.com/interactive/2023/01/21/us/abortion-ban-exceptions.html
https://www.law.cornell.edu/supremecourt/text/410/113
https://www.washingtonpost.com/history/2022/05/15/abortion-history-founders-alito/
Kristin Luker, Abortion and the Politics of Motherhood (University of California Press, 198).
https://tile.loc.gov/storage-services/service/ll/usrep/usrep410/usrep410113/usrep410113.pdf
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
https://news.gallup.com/poll/506759/broader-support-abortion-rights-continues-post I’ll-dobbs.aspx
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A Chinese national, charged with fraud by the SEC, just sent Donald Trump $18 million Judd Legum
Chinese Crypto entrepreneur Justin Sun paid $6.2 million for a banana — sold by Sotheby’s as conceptual art — and then ate it last Friday.
The banana is not Sun’s most notable recent purchase.
On November 25, Sun purchased $30 million in crypto tokens from World Liberty Financial, a new crypto venture backed by President-elect Donald Trump. Sun said his company, TRON, was committed to “making America great again.”
World Liberty Financial planned to sell $300 million worth of crypto tokens, known as WLF, which would value the new company at $1.5 billion. But, before Sun’s $30 million purchase, it appeared to be a bust, with only $22 million in tokens sold. Sun now owns more than 55% of purchased tokens.
Sun’s decision to buy $30 million in WLF tokens has direct and immediate financial benefits for Trump. A filing by the company in October revealed that “$30 million of initial net protocol revenues” will be “held in a reserve… to cover operating expenses, indemnities, and obligations.” After the reserve is met, a company owned by Donald Trump, DT Marks DEFI LLC, will receive “75% of the net protocol revenues.”
So before Sun’s purchase, Trump was entitled to nothing because the reserve had not been met. But Sun’s purchase covered the entire reserve, so now Trump is entitled to 75% of the revenues from all other tokens purchased. As of December 1, there have been $24 million WLF tokens sold, netting Trump $18 million.
Sun is also joining World Liberty Financial as an advisor, making Sun and the incoming president business partners.
While Trump has the cash, Sun’s tokens are effectively worthless. To comply with U.S. securities law, WLF tokens are “non-transferable and locked indefinitely in a wallet or smart contract until such time, if ever, [WLF tokens] are unlocked through protocol governance procedures in a fashion that does not contravene applicable law.” The only thing that Sun can do with his tokens is participate in the “governance” of World Liberty Financial. Right now, the only thing World Liberty Financial does is sell tokens.
Any foreign national paying an incoming president $18 million weeks before entering the White House should raise red flags. Sun’s purchase is even more alarming because the Securities and Exchange Commission (SEC) is currently prosecuting him for fraud.
The SEC’s ongoing prosecution of Sun
On March 22, 2023, the SEC charged Sun and three companies he owns. The SEC accused Sun of marketing unregistered securities and “fraudulently manipulating the secondary market” for a crypto token “through extensive wash trading.” Wash trading involves “the simultaneous or near-simultaneous purchase and sale of a security to make it appear actively traded without an actual change in beneficial ownership.” In other words, according to the SEC, Sun made it seem like there was a lot of interest in crypto tokens he issued when much of the trading was fraudulent and manufactured by Sun.
The SEC also charged Sun with “orchestrating a scheme to pay celebrities to tout” his crypto tokens “without disclosing their compensation.” Federal law requires people who endorse securities to “disclose whether they received compensation for the promotion, and to specify the amount.” The celebrities involved included Lindsay Lohan, Jake Paul, and Soulja Boy.
Lohan paid $40,000, and Paul paid about $100,000 to settle the charges against them without admitting liability. Soulja Boy did not respond to the lawsuit, and a default judgment was issued against him.
Sun posted on X that he believes the SEC “complaint lacks merit” and complained that “the SEC’s regulatory framework for digital assets is still in its infancy and is in need of further development.”
The litigation against Sun is ongoing, with a federal judge considering a motion by Sun’s attorneys to dismiss the charges. The current SEC Chairman, Gary Gensler, who announced the charges against Sun, will step down when Trump takes office in January. A new SEC commissioner appointed by Trump could settle or dismiss the charges against Sun.
How Trump can use the power of the presidency to unlock hundreds of millions in profits for himself
Through World Liberty Financial, Trump can reap massive personal profits from creating a more permissive regulatory environment for crypto ventures.
In addition to his 75% share of revenues over $30 million, Trump’s company was also awarded 22.5 billion WLF tokens. At the current sale price, these tokens are worth more than $300 million. That is more than 20 billion tokens being offered for sale publicly. (This makes the “governance” value of WLF tokens, which was already questionable, effectively worthless. No matter how many tokens you own, Trump will always be able to outvote other token holders.)
Right now, Trump’s tokens — like those purchased by Sun — are worthless because they cannot be transferred. But Trump could appoint a new SEC chairman who is friendly to the crypto industry and who would create new rules allowing the WLF tokens and similar crypto assets to be legally traded. If the price of the tokens increases when they hit the open market, which is a possibility for a crypto token backed by the President of the United States, the value of Trump’s tokens could be in the billions.
That appears to be exactly the path Trump is taking. WIRED reports that Trump is “asking the crypto industry to weigh in on potential picks.” Among the leading contenders is Paul Atkins, a former SEC Commissioner, who, since leaving the agency in 2008, has run a consulting firm that works with crypto companies. Atkins is also co-chair of the Token Alliance, an initiative of the Chamber of Digital Commerce, the lobbying group for the crypto industry. He is also a member of the Chamber of Digital Commerce’s Board of Directors.
Another top contender, former SEC General Counsel Robert Stebbins, has said that the SEC should “pause most of its crypto lawsuits while clearing a path for the firms to do business without the overhang of litigation.” But Stebbins’ candidacy underscores the need for Sun to forge a favorable relationship with Trump. Stebbins acknowledged that, even if it takes a more permissive view toward the crypto industry, it may want to consider continuing to pursue litigation involving fraud.
Major media outlets obsessed with banana, ignore Sun’s payment to Trump
A foreign national under federal fraud prosecution making a purchase that results in $18 million cash payment to the president-elect has all the makings of a major scandal. But it has been virtually ignored by several major media outlets.
The New York Times, for example, has published five articles about Sun’s purchase of the banana but none about Sun’s $30 million purchase of WLF tokens and his business partnership with Trump. The Washington Post has published three articles about the banana, but its coverage of Sun’s purchase of WLF tokens was limited to one short paragraph in a larger editorial about the crypto industry. (The paragraph does not explain how Trump personally profits from Sun’s token purchase.) The Wall Street Journal did publish a short piece about Sun’s token purchase on its “Live Update” blog, but the piece was not viewed as significant enough to be included in the print edition. The paper published two articles, plus a video, focused on the banana. One of the Wall Street Journal articles about the banana was published on the front page of the paper.
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Poetic Justice for Jay Bhattacharya. Plus. . . Joe Nocera
It’s Monday, December 2. This is The Front Page, your daily window into the world of The Free Press—and our take on the world at large. Coming up: Biden pardons Hunter, is Tulsi Gabbard really a Russian asset?, a migrant gang member robs a New York prosecutor and smiles about it, plus much more.
But first: Karma comes to the National Institutes of Health.
If you’re a regular reader of The Free Press, you know Stanford University scientist Jay Bhattacharya, Donald Trump’s pick to run the NIH, is someone we admire. In 2020, when most scientists who doubted lockdowns and school closings were the right response to Covid-19 were too afraid to speak up, Bhattacharya was fearless in his dissent. In October 2020, he was one of three co-authors of the Great Barrington Declaration, which proposed a strategy of protecting the most vulnerable but otherwise reopening the country. For suggesting such “heresy,” Bhattacharya was attacked by the media and dismissed by many of his fellow scientists. He and his co-authors were also the target of fury inside the NIH, with its then-head Francis Collins calling for a “take down” of the declaration’s ideas.
Shamefully, in a country that claims to value free speech, Bhattacharya was also censored by the big social media companies. As we note in an editorial today, “the company now known as X put Bhattacharya’s account on a Trends Blacklist, which dramatically suppressed the visibility of his posts. YouTube, meanwhile, censored a video of a public policy roundtable with Bhattacharya and Florida governor Ron DeSantis because the Stanford scientist suggested—correctly—that the evidence for masking children was weak. Google, Reddit, and Facebook also censored mere mentions of the Great Barrington Declaration.”
We now know that the three authors of the declaration had it right all along. So it feels like poetic justice that a man who was smeared and censored by the country’s medical establishment has been nominated to run the very agency that called for his takedown. The critics are still howling, but we’re convinced he’s the right man for the job.
Read our editorial, “Poetic Justice for Jay Bhattacharya.”
The Tulsi Gabbard Smears Are Unfounded, Unfair, and Unhelpful
In the days and weeks to come, Team Trump will announce more nominations, and we will cover the major ones. Today, along with Jay Bhattacharya, we’re looking at the case of Tulsi Gabbard, who was nominated last month for director of national intelligence—a role that will put her in charge of the entire intelligence community.
In the midst of two hot wars and more trouble brewing across the globe, this appointment could not be more important. Consider what’s happening now in Syria, where rebels have overtaken much of Aleppo, the country’s largest city, and continue to make inroads elsewhere in the country amid fierce fighting. It doesn’t inspire confidence that, while serving as a member of Congress in 2017, Gabbard met with Syrian president Bashar al-Assad—the man who killed hundreds of his own people, including children, with chemical weapons four years earlier. Furthermore, after Russia invaded Ukraine in February 2022, rather than rebuking Vladimir Putin for his aggression, Gabbard announced in a video message that “It’s time to put politics aside and embrace the spirit of aloha.”
For Gabbard’s critics, this proves she not only holds contrarian foreign policy views, she’s a full-on Russian asset. Meanwhile, our columnist Eli Lake is having none of it. As he points out in his piece today, Gabbard is a lieutenant colonel in the U.S. Army Reserve who served in Iraq, and a patriot who should be given the chance to explain her beliefs in a confirmation hearing. “If she persuasively clarifies how her views have developed, then she should have the chance to serve,” he writes. Read Eli’s piece on why the smears against Gabbard are “unfounded, unfair, and unhelpful.”
“No Wonder He’s Smiling. He’s Gotten Away with It So Many Times.”
Brandon Simosa is one of the nearly 215,000 migrants New York City has taken in since spring 2022—a result of the Biden administration’s lenient border policies. On November 19, the 25-year-old Venezuelan was arrested for robbing a woman in her apartment building and masturbating in front of her while she stood terrified, cowering in the corner of her stairwell.
It gets worse. Simosa is a member of Tren de Aragua, the violent Venezuelan cartel that is sparking a crime wave across the U.S. And even though he arrived in the city only last June, Simosa had previously been arrested six times. Each time, he was set loose upon the city to wreak more havoc.
But this time, Simosa chose the wrong victim. The woman he robbed, who has not been identified, works for Manhattan district attorney Alvin Bragg, the man whose job it is to put criminals like Simosa in prison. And yet here, the irony is extra thick, because Bragg isn’t locking up as many criminals as his predecessors did. In fact, that’s exactly what Bragg set out to achieve. After he took office on January 3, 2022, he explicitly stated that several crimes, like prostitution and resisting arrest, would get a pass on his watch.
Now, New York City “is a great place to set up shop for a criminal,” said Hannah Meyers, a former counterterrorism officer for the NYPD who is now the director of policing and public safety at the Manhattan Institute. She says the case of Simosa is “a striking parable of how completely we’ve ceded law and order in this city.” Read Olivia Reingold’s piece on Simosa and the Big Apple’s big problem with migrant crime.
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On Sunday, with just 49 days left in his presidency, Joe Biden broke a promise to the American people: He issued a “full and unconditional pardon” to his son Hunter even though he vowed he would never grant him clemency for his crimes. This month, Hunter was due to be sentenced for three gun and tax felonies, for which he faced a total of 42 years in prison and $1.35 million in fines. Instead, Hunter will face no punishment for any offenses “he has committed or may have committed” from January 1, 2024 through December 1, 2024. Explaining his reasoning behind the pardon, Biden used an argument straight out of the Donald Trump playbook: He said his son was “treated differently” by the Justice Department. “From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted.” Our own Eli Lake, who has written extensively about the use of lawfare against Trump, believes that Hunter has actually been the beneficiary of the opposite treatment: favoritism. Case in point: The Justice Department hit Trump advisers with charges under the Foreign Agents Registration Act during the bogus Russia hoax scandal, but Hunter was never charged with any wrongdoing under that act even though he made millions lobbying foreign countries when his dad was vice president. As news of the pardon hit, even the Democratic governor of Colorado, Jared Polis, said he was “disappointed” by Biden’s decision to “put his family ahead of the country.” In a tweet late on Sunday, Polis wrote that he understands Biden’s “natural desire to help his son by pardoning him,” but “this is a bad precedent that could be abused by later presidents and will sadly tarnish his reputation.”
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One year after Hamas invaded Israel, killing 1,200 and taking over 250 hostage, 63 remain in captivity in Gaza. On Saturday, it was confirmed that 20-year-old Israeli American Edan Alexander is among them, after Hamas released a propaganda video showing him speaking out for the first time. In the video, Alexander begs Prime Minister Benjamin Netanyahu and president-elect Donald Trump not to forget him and his fellow hostages. Afterward, his mother Yael told thousands at a Tel Aviv rally that “My Edan, my love, we miss you so much.” She added that Netanyahu called her and “assured me that now, after the deal in Lebanon, the conditions are ripe to release you and bring you home”—referring to the 60-day ceasefire agreement between Israel and Hezbollah that has ended 13 months of armed conflict. Israel’s war with Hamas continues unabated for now.
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Former presidential candidate—and newly appointed government cost-cutter—Vivek Ramaswamy slammed New York City for spending $220 million to turn the Roosevelt Hotel in Manhattan into a migrant shelter. The hotel, dubbed the “new Ellis Island,” has been housing illegal immigrants and asylum seekers in its 1,250 rooms since May 2023. In dire need of repair, the hotel is owned by the Pakistani government, which is using the $220 million in rent to avoid defaulting on its international debt, part of a bailout package from the International Monetary Fund.
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Donald Trump’s latest controversial nomination, Kash Patel for head of the FBI, is getting early support from Republican legislators. In an announcement on Saturday, Trump cited Patel’s efforts to expose “the Russia hoax,” as the president-elect calls it, as an example of his commitment to the Constitution and agency reform. Patel, a former federal prosecutor and public defender, said he would “shut down the FBI Hoover Building on day one, and reopen it the next day as a museum of the deep state.”
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Pro-Trump columnist Scott Jennings is joining the editorial board of the Los Angeles Times amid the paper’s post–Election Day reckoning. The paper’s owner, Dr. Patrick Soon-Shiong, extended the invitation to Jennings after announcing his intention to make the newsroom more balanced. Jennings’ appointment follows the public resignations of three board members in the wake of Soon-Shiong’s decision not to endorse either presidential candidate.
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After months of heated debate, the United Kingdom’s parliament voted to allow medically assisted suicide for terminally ill patients. However, some disabled people are afraid the new law is not neutral, and could put pressure on vulnerable patients to end their lives—creating a slippery slope toward future bills sanctioning euthanasia for the disabled, the poor, and the depressed. For a deeper dive into the national conversation on this bill, read Madeleine Kearns’ piece, “Should a Government Help People Die?”
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Russian and Syrian forces launched air strikes yesterday on rebel territory in northwest Syria, leaving more than 300 dead, including 20 civilians. The rebels, who captured Aleppo in a surprise attack, now control a broad stretch of land in the west and northwest of the country. Their breach of Aleppo has reignited the Syrian civil war and given insurgent militias the first upper hand since their nadir in 2016, when Assad’s government recaptured the part of the city controlled by rebels.
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In one of those annual rituals that rank right up there with Groundhog Day, the Oxford University Press, which publishes the Oxford English Dictionary, has announced its word of the year: brain rot. According to the BBC, “It is a term that captures concerns about the impact of consuming excessive amounts of low-quality online content, especially on social media. The word’s usage saw an increase of 230 percent in its frequency from 2023 to 2024.” Other contenders included demure, dynamic pricing, and romantasy (romantasy?). We do have one question: Isn’t brain rot two words?
The Making of America’s Most Famous Cheerleaders
The Dallas Cowboys Cheerleaders aren’t just a famous pom-pom squad. They’re an American icon that has performed live with Dolly Parton and the band Queen, and danced to AC/DC’s “Thunderstruck” for more than 41.8 million viewers at home. Wannabe members face a lower acceptance rate than most Ivy League schools. But it wasn’t always this way.
Back in 1991, one woman transformed the DCC from a dance team burning through cash into a fully-fledged operation with the brand recognition of a Fortune 500 company.
That woman is Kelli Finglass, the director of the Dallas Cowboys Cheerleaders, who is somewhere between a drill sergeant and a mama bear. In a new episode of Honestly, Bari met with Finglass and asked her lots of burning questions, such as: How did she create a team culture of dedication and precision? What’s the line between compassion and hard-nosed management? And how does she retain America’s best dancers when any of them could easily achieve TikTok stardom overnight?
“I personally like people that want to be a part of a team and aren’t just trying to get followers,” Finglass told Bari. Click below to hear their full conversation.
Last Call to Save 25% on Your Subscription!
Finally, just in case you missed it (and honestly, how could you have missed it?), The Free Press is offering 25% off a yearlong subscription to all our great content. For just $60, you can access all our journalism—Nellie’s TGIF, Douglas Murray’s Things Worth Remembering, and much more. Plus, you’ll get the satisfaction of knowing you’re helping build a journalistic institution worthy of your trust. Click here to grab this deal before it ends today.
Joe Nocera is the deputy managing editor of The Free Press and the co-author of The Big Fail. Follow him on X @opinion_joe, and read his piece, “How a French Whale Made $85 Million off Trump’s Win.”
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December 1, 2024 Heather Cox Richardson
Over the holiday weekend, President-elect Trump continued to name the people he wants in his incoming administration. His picks seem designed to destroy the institutions of the democratic American state and replace those institutions with an authoritarian government whose officials are all loyal to Trump.
Congress—which represents the American people—designed governmental institutions like the Department of Justice, the Federal Bureau of Investigation (FBI), the Central Intelligence Agency (CIA), and the Department of Defense to support the mission of the Constitution, which is the fundamental law of the United States of America. The Constitution is not partisan, and in 1883, after a mentally ill disappointed office seeker assassinated President James A. Garfield, Congress passed a law requiring that the people who staff government offices be hired on the basis of their skills, not their partisanship.
The people who work in governmental institutions—and therefore the institutions themselves—are rather like the ballast that keeps a ship upright and balanced in different weathers. Nonpartisan government officials who clock in to do their job keep the government running smoothly and according to the law no matter whom voters elect to the presidency.
It is precisely that stability of the American state that MAGA leaders want to destroy. In their view, the modern American state has weakened the nation by trying to enforce equality for all Americans, making women, LGBTQ+ individuals, and racial, ethnic, and religious minorities equal to white, Christian men. But they have been unable to persuade voters to vote away the institutions that support the modern state.
Even in the 2024 campaign, voters so hated the blueprint for destroying the modern government and replacing it with a super-strong president who would impose Christian nationalism that Trump and his allies ran away from that blueprint: Project 2025.
Now, though, with Trump having won the 2024 presidential election by a razor-thin margin, MAGA leaders are claiming a mandate to destroy the American state and replace it with an authoritarian government staffed with partisans whose most obvious quality is their loyalty to Trump.
Russian specialist and military scholar Tom Nichols of The Atlantic notes that the Russians talk about “power ministries,” which are “the departments that have significant legal and coercive capacity.” Nichols notes that in the U.S., those include the Justice Department, the Defense Department, the FBI, and the intelligence community, all of which Trump is attempting to destroy by placing unqualified loyalists at their head.
For the crucially important post of attorney general, who is responsible for overseeing the enforcement of the rule of law across the nation, Trump first tapped former Florida representative Matt Gaetz, whose association with drug use and sex trafficking forced him to withdraw, and then named Pam Bondi, a former Florida attorney general who has insisted that the legal cases against Trump are proof that the justice system has been “weaponized” against Trump.
To head the FBI, the bureau Trump has long insisted was persecuting him through its investigation of the ties between his 2016 campaign and Russian operatives—ties that Republicans on the Senate Intelligence Committee have confirmed in detail—Trump has tapped loyalist and conspiracy theorist Kash Patel, who has vowed to use the FBI to exact revenge on those Trump considers his enemies.
That Patel’s appointment is designed to destroy the FBI is clear not least because installing him would require Trump to fire current FBI director Christoper Wray. FBI directors serve ten-year terms precisely so they are not tied to any administration, and Wray was Trump’s own appointee in his first term. Indeed, the idea that the FBI is insufficiently right wing for Trump’s new administration speaks volumes: in its entire history, the FBI has never had a Democrat in charge of it. Under Patel, the nation’s chief law enforcement agency would be a tool of the president.
For director of the CIA, Trump has tapped unqualified loyalist attack dog John Ratcliffe; for director of national intelligence, the person who oversees all American intelligence agencies, Trump has tapped former representative Tulsi Gabbard, whose ties to Russian president Vladimir Putin and Syrian leader Bashar al-Assad make her loyalties suspect. Taken together, Trump’s appointments to these powerful departments amount to an attempt to destroy the nation’s fundamental institutions.
As Charlie Sykes points out, Trump’s appointments are not only a “[m]assive Fuq U to institutions…[b]ut also a huge FU to the Supreme Court because Trump doesn’t think they will be a check on his campaign of lawless retribution.”
The Atlantic’s Nichols told MSNBC today that Trump’s appointees are “there to build an authoritarian cadre and to put themselves beyond the reach of the rule of law.”
With loyalty trumping ability and merit under an autocrat, the quality of government officials plummets. This pays off for an autocratic leader because those appointed to serve in an autocratic government are usually unemployable in a merit-based system, making them fiercely loyal to the leader who has elevated them beyond their abilities.
Autocrats start by rewarding family, and Trump has certainly followed that suit. After years in which Republicans went after President Joe Biden’s son Hunter, who was never a government employee, over the weekend, Trump announced that he intends to appoint his daughter Ivanka’s father-in-law, New Jersey real estate developer Charles Kushner, as ambassador to France. In 2004, Kushner pleaded guilty to 16 federal crimes and served time in prison before Trump pardoned him in 2020. Trump also announced that he will appoint his daughter Tiffany’s father-in-law, Lebanese-born billionaire Massad Boulos, as White House senior adviser on Arab and Middle East affairs.
This weekend, an email from the mother of Trump’s pick for secretary of defense, Pete Hegseth, came to light. Written in 2018, when Hegseth was in the middle of a divorce from his second wife, who filed for divorce after Hegseth got a co-worker pregnant, the email told Hegseth to “get some help and take an honest look at yourself.” Writing “[o]n behalf of all the women (and I know it’s many) you have abused in some way,” Penelope Hegseth said: “I have no respect for any man that belittles, lies, cheats, sleeps around and uses women for his own power and ego. You are that man (and have been for years) and as your mother, it pains me and embarrasses me to say that, but it is the sad, sad truth.”
Penelope Hegseth has since praised her son.
Meanwhile, those loyal to a rising regime attack public servants to make others afraid to speak out. On Friday, billionaire Elon Musk posted on X that Alexander Vindman, former National Security Council director for European affairs, is “on the payroll of Ukrainian oligarchs and has committed treason against the United States, for which he will pay the appropriate penalty.” Vindman was a key figure in Trump’s first impeachment after being on the phone call in which Trump tried to get Ukraine president Volodymyr Zelensky to smear the Democratic opponent he considered most dangerous to his reelection prospects, then–former vice president Joe Biden, before Trump would release money Congress had appropriated for Ukraine’s defense against Russian incursions.
But Vindman, who famously told Congress that he had assured his father that he was safe speaking up against the president because “here, right matters,” wasn’t taking such an attack quietly.
“Elon, here you go again making false and completely unfounded accusations without providing any specifics,” Vindman posted back. “That’s the kind of response one would expect from a conspiracy theorist. What oligarch? What treason?
“Let me help you out with the facts: I don’t take/have never taken money from any money from oligarchs Ukrainian or…otherwise.
“I do run a nonprofit foundation. The HereRightMattersFoundation.org to help Ukraine defend itself from Russia’s unprovoked attack on Feb 24, 2022. I served in the military for nearly 22 years and my loyalty is to supporting the U.S. Constitution against all enemies foreign and domestic. That’s why I reported presidential corruption when I witnessed an effort to steal an election. That report was in classified channels and when called by Congress to testify about presidential corruption I did so, as required by law.
“You, Elon, appear to believe you can act with impunity and are attempting to silence your critics. I’m not intimidated.”
As Trump sets out to turn the government into an instrument for his own power and vengeance, President Biden tonight pardoned his son Hunter Biden. Laying out the history of Republicans’ persecution of Hunter to weaken his father, the president said in a statement, “No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son—and that is wrong…. [A]nd there’s no reason to believe it will stop here. Enough is enough…. I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice…. I hope Americans will understand why a father and a President would come to this decision.”
—
Notes:
https://www.nytimes.com/2024/11/29/us/politics/trump-project-2025.html
https://www.washingtonpost.com/politics/2024/11/30/donald-trump-charles-kushner/
https://www.bbc.com/news/articles/c079y0r1j8po
https://www.nytimes.com/2024/11/29/us/politics/pete-hegseth-mother-email.html
https://www.theatlantic.com/politics/archive/2024/11/kash-patel-principle/680838/
https://www.nytimes.com/2024/12/01/us/politics/trump-kash-patel-fbi-republicans.html
X:
AVindman/status/1861912067508257069
Bluesky:
sykescharlie.bsky.social/post/3lc7eq6wkbs22
georgetakei.bsky.social/post/3lcb4qzephe2j
rpsagainsttrump.bsky.social/post/3lcbjzqytg225
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