Evelyn Reynolds

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    The Year of Living Constitutionally: a man, a political plan … and a musket

    Would you fly the Jolly Roger for Uncle Sam? AJ Jacobs tried to. For 12 months, the author and journalist became what he calls “the original originalist”, seeking to live the way the founders envisioned life under the US constitution.That life included the right to piracy on behalf of the US government. It sprang from a tradition predating the constitution, when the Continental Congress granted letters of marque and reprisal, allowing seamen to capture British ships. Noting this precedent, Jacobs brought an unconventional offer to Ro Khanna, a Democratic congressman from California, when the two met in a hotel lobby.“I said, ‘I’m following the constitution and would like to be granted a letter of marque and reprisal,’” Jacobs recalls. “He said, ‘Great, let’s make it happen.’ I explained to him what it was: basically legalized piracy. I would fight our enemies on my friend’s water-ski boat.”After that, Khanna “was a little more like, ‘Maybe this is not going to happen.’”Jacobs didn’t get his Captain Jack Sparrow moment. But he did get a book out of the experience, The Year of Living Constitutionally: One Man’s Humble Quest to Follow the Constitution’s Original Meaning, which has received multiple votes of approval – including from Khanna.“He did like the idea of the book: trying to explain the origins of the constitution, what it really means, what it says.”In 2007, Jacobs published the results of a similar project, The Year of Living Biblically.“They have a similar status in our society,” he says, of the Bible and the constitution. “Some people see them as sacred and try to follow them in the original meaning as it was written.”Others look to adapt the texts for a modern era. For the constitution, this has evolved into a debate between originalists and living constitutionalists. Jacobs interviewed scholars across the spectrum.View image in fullscreen“This was my favorite part. They were super-generous with me.” Some were “people who were the most liberal and progressive and saw the constitution as having no intrinsic meaning, it could be molded like Play-Doh”. Others felt that “whatever the constitution meant then is what it means now. One guy refused to capitalize the S in ‘supreme court’. In the constitution” – as in the Guardian style guide – “the S is not capitalized … It was a wide range.”The originalists have been getting the better of things lately, including on the supreme court. And it was originalism – and the Guardian – that helped nudge Jacobs toward his book idea.After the 2022 supreme court decision Dobbs v Jackson, which overturned Roe v Wade, removing the federal right to abortion, a Guardian editor asked Jacobs to cover an unexpected trend. It related not to abortion, which was suddenly up to the states, but to vasectomies, which a surprising number of American men were choosing to have.“I am the type of journalist who tries things out myself and writes about the effort,” Jacobs says. “I did not feel like getting a vasectomy. I did not know if I was the right person for that interesting storyline.”What he did feel like was exploring the originalist mindset. He came across a startling statistic: at least 60% of Americans, including himself at the time, had not read the constitution from beginning to end, despite it running just four to six pages. It was time to delve into “what it really says, what it really means, instead of getting it filtered from whatever media you happen to be partial to. Let’s read what it actually says.”When it came to the right to piracy, although Jacobs couldn’t sail the high seas he did receive an email from a Khanna staffer addressing him as “Captain Jacobs”. Then there was petitioning the government. Instead of the online approach, Jacobs brought a scroll somewhere near 200ft long into the office of Ron Wyden, a Democratic senator from Oregon. Hundreds had signed the scroll. When Jacobs took some notes using his quill pen, it left ink on Wyden’s carpet. Jacobs added $50 to his taxes to foot the bill. (The subject of his petition was “Let’s have co-presidents”, a cause advocated by some founders, with Benjamin Franklin recommending 12 chief executives at once.)State laws came into the picture too. Free-speech advocates might be surprised by how much states policed what Americans said in the early republic. New York fined those who blasphemed or cursed 37 and a half cents. Jacobs did the same with his three sons, though they declined to come up with a half-cent.“It was not an easy year,” he says. “It was about as hard as The Year of Living Biblically.” That said, there were some differences. With the Bible, Jacobs “grew a huge beard. This did not involve as much facial hair.” But his appearance and lifestyle changed in other ways. He wore a tricorn hat, carried a musket, consumed an unusual amount of cloves, wrote with a quill, and woke up at the hour recommended by Franklin: 5am.View image in fullscreen“I tried to express second amendment rights the old-fashioned way,” he says. “I got a musket off ye olde internet and carried it around the Upper West Side where I live. A lot of people were crossing the street. People gave me a scowl.” When he brought it into a coffeeshop, a customer invited Jacobs to go ahead of him in line.“It’s sort of a good example of how this year went. At times, it was very strange, bizarre and awkward. But it was also, at the same time, incredibly enlightening and fascinating. I do think it gave real insight into how we should interpret the constitution.”He was particularly pleased with one custom: election cakes, meant to spur civic participation. Jacobs got volunteers representing all 50 states to bake election cakes last year. He plans to do it again.Although Jacobs appreciated the chance to adopt an 18th-century detachment from the near-constant news of today, he appreciates the progress America has made, saying: “It was terribly sexist and racist towards women, Black people and Indigenous people. I don’t want to go back to that.“Women’s rights were very constrained, especially married women, who were treated like children. They could not sign contracts. My wife owns a business. She signs several contracts a day.”Jacobs’s wife, Julie, let him take over contract-signing – then fired him after an hour.Jacobs also examined how 19th-century abolitionists saw the constitution. William Lloyd Garrison was so outraged by its stance on slavery that he advocated burning it – and did so. Frederick Douglass, who was formerly enslaved, had the same view but changed his mind and recommended Americans view the constitution as a promissory note.“Douglass says, ‘Let’s work to make America live up to the principles in the constitution.’ It becomes a very powerful way of looking at the constitution. Martin Luther King Jr talks about the constitution as a promissory note. Barack Obama gave a great speech that said the seeds of freedom were planted in the constitution … The solutions to the problems of the constitution are in the constitution itself.”
    The Year of Living Constitutionally is published in the US by Crown More

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    ‘We don’t have a democracy’: why some Oregonians want to join Idaho

    Under a large tent at the Crook county fairgrounds in Prineville, Oregon, six people stand in a neat line, each clutching the gun in their holster. “Shooters, set,” a man to the side yells. They wait. A light turns on in the centre of the target. They fire. A clock above records how long it took them to draw, shoot and, if they managed to, hit the target. They’re playing in pairs. Best two out of three wins.Welcome to Oregon’s Cowboy Fast Draw State Championship, a sport organisers say is “dedicated to the romance and legend of the Old West”.The residents of Prineville are voting on 21 May on a fundamental question: “Should Crook county represent that its citizens support efforts to move the Idaho state border to include Crook county?” If a majority votes yes, the county will become the 13th to vote in favor of leaving the state of Oregon and joining next-door Idaho instead. Polarisation breeds frustration which creates secession. America’s past and present.Calvin Foster, who competed under the name of Scrub Brush, is the man in charge of affairs at the Fast Draw, and he sums up his political frustration.The cities “don’t understand the life that we have out on this side of the state”, he says.View image in fullscreenThe majority of Oregon’s just over 4 million residents live on the western side of the Cascade Mountains, which run down the centre of the state. To the west lie high-density cities like Portland, Salem and Eugene, which in past years have voted largely Democratic. To the east are sparsely populated counties that have reliably voted Republican. Democrats have held the governorship since 1987.The presidency of Donald Trump and the Covid pandemic have heightened divisions – with different groups starkly diverging on how they think the state should move forward. Crook county voted for Donald Trump, a Republican governor, against decriminalising drugs and against restrictions on gun ownership. The state went the other way every time.Foster explains what he sees as the difference between west and east: that the culture out here is about family and guns. “I’ve grown up with guns, been shooting guns since I was probably five,” he said as we sat on the bleachers and watched the competition. “It’s a right that we’ve had and hopefully we keep forever.”That life is one of farmers and ranchers, said Jim Bunch (competing as Jabberin’ Jim, a nickname his wife chose), a livelihood that he says city folk don’t appreciate. “People that think that livestock is bad, that cutting timber is bad, that farming is bad. They want to get rid of agriculture. They want to get rid of us being able to control our own lives.”People here believe the other side is forcing their ideals on them. One thing that comes up again and again is not just “family” values, a nod to Oregon’s progressive stance on abortion and LGBTQ+ rights, but the green economy. Foster said electric cars were what really irk him. Larry Lansdowne, a shooter from Idaho, said he understood his neighbours’ frustration.“We really don’t want you to come here and start telling us about why you can’t carry that gun or you need to drive an electric car,” he said. “We’ve been living this lifestyle for hundreds of years and we really just don’t want to change.”View image in fullscreenThe most extreme stance I heard was from Bunch. “We don’t have a democracy, we are a constitutional republic,” he said. I asked him what he meant by that distinction.“We have a constitution that lays down the laws for us. As a republic, the individual is protected. So the minority can be protected. It’s not just majority rules.”“So you feel at the moment that democracy, especially within Oregon, isn’t working for you?”“Oh, democracy doesn’t work,” he said, emphatically.If democracy does not work for supporters of annexation, they are pursuing democratic means to change it.The Greater Idaho movement was set up in 2019 and has campaigned to put its measures on the ballot. Its current proposal would see 14 counties move states, along with sections of three others. Originally, the plan included five more counties in south-western Oregon, but after two voted against the proposal, the movement scaled back its ambitions.Moving the state lines is a tall order, given that both Oregon and Idaho legislatures would have to agree, along with the respective governors, and then for Congress to approve the matter. But the movement argues history shows this can happen. West Virginia was formed after separating from Virginia in 1863, and Maine was created by cutting itself off from Massachusetts in 1820.View image in fullscreenI spoke with Matt McCaw, the group’s executive director. He and his wife lived in Portland, Oregon’s largest city, for 20 years before moving east because on “almost every issue”, abortion, LGBTQ+, guns, drugs, McCaw was opposed to the progressive measures enacted by state legislators. He said that while there had always been this urban-rural divide, it had become worse recently.“Our whole country got more polarised with Donald Trump,” he said as we chatted at Smith Rock State Park. “And then Covid just drove a wedge through all of it. Oregon was very heavy on lockdowns. They closed schools. They forced masks on people. People in western Oregon wanted that. The people in eastern Oregon were opposed to those policies.”McCaw and his wife are evangelical Christians, and faith is “first and foremost in every decision we make”, he said. “They were telling us, ‘You can’t go to church.’ Never in my wildest dreams would I have thought that my government would say, ‘You can’t go to church.’” He said Covid showed him you need a government that aligns with your values. Idaho, McCaw said, fits that bill.skip past newsletter promotionafter newsletter promotionThe problem, I put to McCaw, is that this would lead to a nation where democracy is redundant. Everyone would split into their Democratic and Republican states and just stick with it. The divided states of America.“You’re saying we shouldn’t divide up, because that will cause things to be more polarised. But if you leave these people together, it’s not going to change. The two cultures are drifting further apart and want different things. If you continue to force people that want polar opposite things together, that is not a productive or healthy way to run a society.”In a flip of the state-wide picture, it is progressives who are in the minority in Crook county. Outside the courthouse one Sunday, I chatted with Priscilla Smith, chair of the county’s Democrats, who was leading a small rally against the Greater Idaho movement. About 20 people were holding banners that said “We Love Oregon … all of it” or “Oregon, Yes, IdaNo”. One person was wearing a pro-Ukraine T-shirt.For Smith, this is also about family values. “My concern is for my granddaughters,” she said, wearing a bright blue hoodie bearing Oregon’s state seal. “What happens to their health if we become part of Idaho?” Idaho has a near-total ban on abortions.One sign at the protest read “Oregon values are my values.” I asked Priscilla what those were. “My values are that we treat everyone equally. Especially because I have a trans grandson. That we care about everyone. The proponents [of Greater Idaho] think our values in this part of the state align more closely with Idaho. Well, mine don’t. So they don’t speak for everyone.”View image in fullscreenTom Andersen a Democratic, represents a district on the western side in the state legislature. I asked him whether his party was at fault for allowing a movement like Greater Idaho to emerge.“I think fault is a pretty strong word, but I say part of the responsibility is that the Democrats have not listened to the other side,” he said.“We could do better. We need to listen to them. They feel that their needs have not been addressed by the whole state of Oregon.”Andersen warned that while it was worth engaging with the Greater Idaho movement, the idea of splitting the state was a concern, given it may send a message to other states to do the same. “That would open a Pandora’s box, a slippery slope,” Andersen said, and one that could lead to a situation where “democracy does fall apart”.“Dear Father, we thank you for the opportunity and the freedom in this country to come together and to discuss issues like this.”Mike McCarter, the president of the Greater Idaho movement, was leading a prayer at the start of a question-and-answer session hosted by McCaw at the Crook county library in Prineville. About two dozen people turned up. On one side, a few men sat silently with “Trump” hats on. Across the aisle sat Priscilla Smith alongside some people from the rally.She took the microphone. “My first concern is the fact that Idaho has one of the strictest abortion rights laws in the nation,” Smith asked, adding, “The other thing I have a real angst about with Idaho is their position on LGBTQ. I have a grandchild who’s trans. How is their life going to be affected?”McCaw and Smith then bickered over the details of Oregon’s abortion laws, before McCaw summarised: “The bigger point of all that is that people have very different, very strong opinions on abortion. And the same thing is true with trans kids.” He said these were the two hottest topics that spoke to the great divide.After that, the debate was cordial. One older man in a cowboy hat did call the politicians in Salem “heathens”. Yet there were no heated back-and-forths, just a few mutters and murmurs in agreement or disagreement.As people began to get up and leave amid a smattering of applause, McCaw ended the proceedings: “There’s no easy way out of it. I wish there was,” he said.Oregon’s Border Battles from Kiran Moodley of Channel 4 News is available via Channel 4 News here. More

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    Trump trial judge rebuked for donations to Democrat-aligned groups in 2020

    The judge overseeing Donald Trump’s hush-money campaign finance trial in New York has been cautioned by a state ethics panel over two small donations made to Democrat-aligned groups in 2020.The caution is likely to be seized on by Trump and his lawyers as evidence of his claims that the New York trial, now entering its fourth week, has been unfairly adjudicated by Judge Juan Merchan along partisan political lines.But the New York state commission on judicial conduct has not revealed who lodged the complaint against Merchan that stems from a $35 donation to the Democratic group ActBlue that included $15 earmarked for Biden for President and $10 each to Progressive Turnout Project and Stop Republicans.“Justice Merchan said the complaint, from more than a year ago, was dismissed in July with a caution,” spokesperson Al Baker of the state office of court administration said in response to an inquiry from Reuters.The commission considers that contributions violate the rules on prohibited political activity. In its 2024 annual report, the body said several dozen judges had apparently made prohibited contributions in the last few years, mostly to candidates for federal office.Judges are prohibited from contributing to any campaigns, including for federal office.“Like so much of the misconduct the commission encounters, making a prohibited political contribution is a self-inflicted mistake,” the commission wrote in the report.The commission has also received a complaint against the Manhattan judge Arthur Engoron, who oversaw the former president’s civil business fraud trial that resulted in a $454m fine earlier this year. That complaint, brought by Trump lawyers, has yet to be adjudicated.Under commission guidelines, proceedings are confidential unless there is a public censure or the judge makes them public.Trump has been highly critical of the justices in both cases. In the earlier trial he was censured for describing Judge Engoron’s law clerk of being Senate majority leader Chuck Schumer’s girlfriend. In the current case, he has drawn attention to Judge Merchan’s daughter, who works as a Democratic political consultant.skip past newsletter promotionafter newsletter promotionIn response to a motion for Merchan to step aside, which the judge denied, a separate advisory committee on judicial ethics said the contributions did not create an impression of bias or favoritism.Reports of the contributions come a day after the New York Times revealed that the wife of conservative supreme court justice Samuel Alito had flown an inverted American flag outside the couple’s home in the aftermath of the 2020 election.Alito has said that his wife took that action because a Democratic neighbor had used a highly pejorative insult to describe her to her face. More

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    Missouri Republican party fails to boot KKK-linked candidate from gubernatorial ticket

    A long-shot Missouri gubernatorial candidate with ties to the Ku Klux Klan will stay on the Republican ticket, a judge ruled on Friday.Cole county circuit court judge Cotton Walker denied a request by the Missouri GOP to kick Darrell McClanahan out of the August Republican primary.McClanahan is running against the Missouri secretary of state, Jay Ashcroft; the lieutenant governor, Mike Kehoe; state senator Bill Eigel; and others for the GOP nomination to replace Governor Mike Parson, who is barred by term limits from seeking re-election.McClanahan’s lawyer, Dave Roland, said the ruling ensures that party leaders do not have “almost unlimited discretion to choose who’s going to be allowed on a primary ballot”.“Their theory of the case arguably would have required courts to remove people from the ballot, maybe even the day before elections,” Roland said.McClanahan, who has described himself as “pro-white” but denies being racist or antisemitic, was among nearly 280 Republican candidates who officially filed to run for office in February, on what is known as filing day. Hundreds of candidates line up at the secretary of state’s Jefferson City office on filing day in Missouri, the first opportunity to officially declare candidacy.The Missouri GOP accepted his party dues but denounced him after a former state lawmaker posted photos on social media that appear to show McClanahan making the Nazi salute. McClanahan confirmed the accuracy of the photos to the St Louis Post-Dispatch.In his decision, Walker wrote that the Republican party “has made clear that it does not endorse his candidacy, and it remains free to publicly disavow McClanahan and any opinions the plaintiff believes to be antithetical to its values”.“I’m not sure they ever actually intended to win this case,” said McClanahan’s lawyer, Roland. “I think the case got filed because the Republican party wanted to make a very big public show that they don’t want to be associated with racism or antisemitism. And the best way that they could do that was filing a case that they knew was almost certain to lose.”The Associated Press’s emailed requests for comment to the Missouri GOP’s executive director were not immediately returned on Friday. But Missouri GOP lawyers have said party leaders did not realize who McClanahan was when he signed up as a candidate back in February.McClanahan has argued that the Missouri GOP was aware of the beliefs. He previously ran as a Republican for US Senate in 2022.In a separate lawsuit against the Anti-Defamation League (ADL) last year, McClanahan claimed the organization defamed him by calling him a white supremacist in an online post.In his lawsuit against the ADL, McClanahan described himself as a “pro-white man”. McClanahan wrote that he is not a member of the Ku Klux Klan; he said he merely received an honorary one-year membership in the white supremacist terrorism organization. And he said he attended a “private religious Christian identity cross lighting ceremony falsely described as a cross burning”. More

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    ‘She’s in the pantheon now’: Kristi Noem and the politicians who hit self-destruct

    She could have been a contender. But then she wrote a book. And suddenly Kristi Noem was caught like a rabbit – or a rambunctious puppy – in the headlights.The governor of South Dakota found herself insisting that a false claim she met the North Korean dictator Kim Jong-un had been put in her book by accident. Wait, said Elizabeth Vargas of NewsNation, you recorded the whole audiobook version and read this passage out loud. Why didn’t you take it out then?Noem blinked, nodded and waffled. She was pressed on the point twice more. Finally she asked in desperation: “Did you want to talk about something else today?”It was a car crash interview at the end of a train wreck week. Noem went on to abruptly cancel further appearances on CNN and Fox News, sparing herself further vilification over both the Kim lie and an admission that she had once dealt with a misbehaving puppy by shooting it dead in a gravel pit.Branded a fabulist and a dog murderer, her hopes of becoming Donald Trump’s running mate in the 2024 presidential election lay in ruins. Noem had become the latest in a long line of politicians – from Gary Hart’s affair to Sarah Palin’s gaffes to Mark Sanford’s cover up – to perform a spectacular act of self-immolation.“She’s in the pantheon now,” said Rick Wilson, a strategist who has worked on many Republican election campaigns. “The arrogance of a lot of political candidates who think they’re good with the press is they’re good with the press until they realise they’ve been skating on thinner and thinner ice and, when that ice goes, they are under the water.”The rise and fall of Kristi Noem happened with dizzying speed. The rancher and farmer served in the South Dakota legislature for years then entered Congress in the rightwing populist Tea Party wave of 2010. She became South Dakota’s first female governor in 2019 and won plaudits from Republicans for resisting coronavirus pandemic lockdowns.View image in fullscreenIn 2022 Noem published a book, Not My First Rodeo, with a front cover that shows her wearing a cowboy hat on horseback, reins in one hand, giant American flag in the other. “From humorous barnyard battles with feisty cattle and rodeo horses … ” was part of the PR pitch. The book seemed to shore up her status as a serious player in the Make America Great Again (Maga) universe.There were concerns over Noem’s hardline stance on abortion and media reports of an affair with the former Trump aide Corey Lewandowski. But in February this year, when the Conservative Political Action Conference held a straw poll for Trump’s vice-presidential pick, she came in joint first with Vivek Ramaswamy among 17 possible candidates.But things began to unravel when Noem appeared in a bizarre infomercial-style video lavishing praise on a team of cosmetic dentists in Texas. Then she went a book too far. In No Going Back, as first reported by the Guardian, she wrote that she took Cricket, her 14-month-old wirehaired pointer, on a bird-hunting trip with older dogs in hopes of calming down the wild puppy.Instead Cricket chased the pheasants, attacked a family’s chickens during a stop on the way home and then “whipped around to bite me”, she recalled. Later she led Cricket to a gravel pit and killed her. For good measure, she added that she also shot a goat that the family owned, claiming that it was mean and liked to chase her kids.Although Trump once famously asserted that he could shoot someone on New York’s Fifth Avenue and not lose any voters, it soon transpired that shooting a dog is the last taboo of American politics, the one sacrilegious act that Democrats and Republicans can unite to condemn in an otherwise hyper-partisan time.Joe Biden’s re-election campaign posted on social media a photo of the president strolling on the White House lawn with one of his three German Shepherds. The Democrat Hillary Clinton reposted a 2021 comment in which she warned: “Don’t vote for anyone you wouldn’t trust with your dog.” She added now: “Still true.”The former Republican House speaker Newt Gingrich told the Politico website: “Killing the dog and then writing about it ended any possibility of her being picked as VP.” The far-right extremist Laura Loomer, a Trump devotee, posted on X: “Wow. No coming back from this. This is so heartless. She killed a puppy? As a dog lover, that is just too much for me.”What was she thinking? Some speculated that, because the story has circulated for years among state politicians that Noem killed a dog in a “fit of anger” – and there were witnesses – she was going public now because she was being vetted as a candidate for vice-president.Others felt sure it was a misguided attempt to curry favor with Trump, who admires “killers” and has no love of dogs. Wilson, a co-founder of the Lincoln Project, an anti-Trump group, said: “Writing about killing a dog was not about writing about killing a dog for her.“Corey Lewandowski or someone around her told her: you need to show Trump that you’re tough and mean and bad, you can do the hard thing, you can be the one who would never be like Mike Pence, you can be counted on by Trump to be as brutal and ugly as he needs, no matter what the order is.”View image in fullscreenHe added: “That’s why she wrote that way, to say, I’d kill a puppy and isn’t that good enough for you, Donald? But even Donald Trump, who hates dogs, hates bad PR more. Kristi Noem became the definition of bad PR.”Then came the catastrophic book tour. Noem gave interviews on CBS, NewsNation, Newsmax and Fox Business, where the normally Maga-friendly Stuart Varney pushed her on the dog story until she snapped: “Enough, Stuart. This interview is ridiculous – what you are doing right now. So you need to stop.”Wilson commented: “By the third or fourth day of her getting humiliated over and over again in public, even I felt like somebody should put her out of her misery and take her to the gravel pit and end this pain. She was absolutely just flailing at every moment and did not have a sense of clarity.skip past newsletter promotionafter newsletter promotion“If you’re on a PR tour trying to appeal to the Maga base, there is this belief in the Maga world that you never ever apologise, never say you were wrong, never back down. But unfortunately that’s not how humans work. Even in the Maga media space, she started getting her head caved in on this thing and rightly so. She deserved it.”Noem faced a particular grilling over the passage in her book that stated she remembered meeting Kim: “I’m sure he underestimated me, having no clue about my experience staring down little tyrants (I’d been a children’s pastor after all).” She subsequently conceded that no such encounter took place and promised to correct later editions.Larry Sabato, director of the Center for Politics at the University of Virginia, said: “Being a woman in the Republican party, she wanted to project the image of toughness and she’s trying out for the position of running mate. It’s not really the dog; the giveaway is Kim Jong-un. That could have been any foreign leader.“Why did she pick and lie about meeting Kim Jong-un? Because she remembered the ‘love affair’ between Trump and Kim Jong-un, so she thought that Trump would be particularly impressed if she met and talked with him. That’s something they have in common – except they don’t.”Noem is not the first American politician to push the self-destruct button.View image in fullscreenEarl Butz, a secretary of agriculture, was on a flight after the 1976 Republican National Convention when he said: “I’ll tell you what the coloreds want. It’s three things: first, a tight pussy; second, loose shoes; and third, a warm place to shit.” The remark was reported in the media, prompting a reprimand from the then president, Gerald Ford, and the resignation of Butz, who claimed “the use of a bad racial commentary in no way reflects my real attitude”.The senator Gary Hart, the frontrunner for the Democratic presidential nomination in 1988, told a reporter: “Follow me around. I don’t care. I’m serious. If anybody wants to put a tail on me, go ahead. They’d be very bored.” The Miami Herald duly did watch Hart, who was married, and report that he spent a night with a young model named Donna Rice. He withdrew from the race.John Edwards, a young and charismatic star of the Democratic party, ran for president in 2008 while conducting an affair and fathering a child with a woman even as his wife was battling cancer. The scandal was exposed and destroyed his political career.The Republican Sarah Palin was John McCain’s running mate in the 2008 election but became a liability with gaffes revealing her lack of foreign policy experience or knowledge of the supreme court. Asked what newspaper or magazine she regularly reads, Palin replied: “Um, all of them, any of them that have been in front of me all these years.”Mark Sanford was the governor of South Carolina when, in 2009, he flew to Argentina to be with a woman who was not his wife but told his staff he was hiking the Appalachian Trail. The deceit was quickly uncovered, made vivid headlines and ended his 20-year marriage.View image in fullscreenSanford told the Guardian this week: “The reality of life is ups and downs and I think the measure of all of us is how we respond to the down more than the up. The record stands for itself in terms of I was honest and laid my cards out on the table and dealt with things as they came and that’s best you can do in those situations.“Anybody who’s failed publicly at anything, if they’ve learned anything from it, they’ve learned to do exactly what the Bible says in not judging others. It’s just recognising the nature of the human condition is imperfect. Those who pretend to be most perfect aren’t and inevitably live in a glass house.”But Sanford admits that he is baffled how Trump, who faces 88 charges in four criminal cases, seems to get a free pass and is once again the Republican presidential nominee. “The higher you climb, the further you fall and, appropriately, there’s a magnifying glass that’s applied to people in public office that frankly ought to be there.“People shouldn’t be above the law and get away with things that other people don’t and there is an added level of scrutiny that that goes with public life, which may have something to do with the fact that we live in country of 330 million people and, remarkably, [Trump and Biden] are the best two folks the country has to offer on the Republican and Democratic side. Are you kidding me?”Other politicians undone by a fatal flaw include Andrew Gillum, Eliot Spitzer and Anthony Weiner. Some appear destined to fly too close to the sun. Sabato commented: “They want it all and they’re used to being very lucky. That’s what does them in. They assume they’re going to continue to be lucky. That’s fatal for anybody. If you’re lucky, go have a drink but don’t expect to get lucky every day. It doesn’t happen.” More

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    Trump to address NRA after threatening to roll back gun control laws if elected

    Amid fears that he would reverse gains made by gun control activists if elected to a second presidency this fall, Donald Trump on Saturday is scheduled to address the National Rifle Association’s annual convention.The former Republican president is set to take the stage in Dallas after threatening to roll back the firearms regulations enacted by the Joe Biden White House and expand gun rights – at the expense of American lives – if voters lift him to victory over the Democratic incumbent in November.Trump’s message marks a sharp contrast with Biden, who signed the Bipartisan Safer Communities Act in 2022 and has hailed it as evidence of his commitment to gun safety, among other measures.Congress passed that law after a string of deadly, high-profile mass shootings, which nonetheless continue to occur. But it marked the first time in nearly 30 years that the US enacted a new major gun law at the federal level, expanding background checks for the youngest firearm buyers and investing in community violence intervention programs.Trump has hit the campaign trail openly expressing his wish to impose a law that would force states to recognize concealed carry firearm permits issued by other states. And his answer to the school shootings that the US has consistently seen throughout its modern history is to arm teachers and fund programs training educators how to shoot effectively.Most Americans do not agree with Trump’s approach to gun control. Only 12% of Americans believe gun laws should be loosened while 56% say they should be toughened and 31% assert they should be maintained as they are for now, according to an October poll conducted by Gallup.The NRA is holding its convention less than three months after its former long-serving leader Wayne LaPierre – as well as other executives of the group – were held liable in a lawsuit centered on the organization’s lavish spending. More

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    Red flag? Samuel Alito scandal casts further doubt on supreme court’s impartiality

    With less than six months to go before America chooses its next president, the US supreme court finds itself in a profoundly unenviable position: not only has it been drawn into the thick of a volatile election, but swirling ethical scandals have cast doubt on its impartiality.The US supreme court’s discomfort worsened dramatically on Thursday night when the New York Times published a photograph of an upside-down American flag being flown outside the Alexandria, Virginia, home of the hard-right justice Samuel Alito. The photo was taken on 17 January 2021, days after the insurrection at the US Capitol and days before Joe Biden’s inauguration.At the time, upside-down flags were proliferating as a symbol of Donald Trump’s false claim that the 2020 presidential election had been stolen from him. That one of the nine most powerful justices in the country – who has potential to wield enormous influence over the 2024 election – had a “stop the steal” icon flapping on his front lawn was, to put it mildly, incendiary.“There’s little doubt that the supreme court will play a large role in the 2024 election, and you have to now ask whether the flag incident will forever cloud the public’s view of its impartiality in those cases,” said Gabe Roth, executive director of Fix the Court, a non-partisan group advocating reform.The supreme court memorably handed the US presidency to George W Bush in its 2000 ruling Bush v Gore. Though no individual case so far this year has risen to that level, there is no doubt that the justices are deeply mired in the 2024 cycle.They have already decided that Trump cannot be ejected from the ballot for his role in the January 6 attack under the 14th amendment block on insurrectionists holding office. By the end of their term in June they are also set to rule on two other critical cases that go to the heart of Trump’s fitness to govern, and hence the presidential outcome.The first asks whether Trump has presidential immunity in the federal criminal prosecution over his “stop the steal” antics in 2020/21. The other, which could also determine whether he can be tried for his attempt to overturn the election, looks at whether January 6 rioters can be charged under the obstruction statute.All of that before we even get to the election itself, and the possibility of renewed trouble in November should there be close and contested counts in key battleground states. As one of the justices expressly warned in the 14th amendment case, further insurrections were not impossible.View image in fullscreen“I don’t know how much we can infer from the fact that we haven’t seen anything like this before [that] we’re not going to see something in the future,” the justice said. His identity? Samuel Alito.Until last Thursday, there had been plenty of talk about whether the supreme court was ethically equipped to tackle fundamental questions that could drastically change the course of November’s election. But most of it concerned Clarence Thomas.His wife, Ginni, is a hard-right activist who was an active participant in efforts to stop the certification of Biden’s victory. Yet Thomas has consistently refused to recuse himself from supreme court cases relating to January 6, even ones which directly invoked Ginni.After Thursday, we now have not one but two of the conservative justices whose spouses have engaged in apparent pro-Trump political activity. In his self-defense, Alito told the New York Times: “I had no involvement whatsoever in the flying of the flag,” putting it all down to a spat his wife, Martha-Ann, was having with neighbors who had defaced a Trump lawn sign.Some law scholars were prepared to give Alito the benefit of the doubt. Stephen Gillers, emeritus professor at New York University law school, said that he did not believe Alito knew the upside-down flag was flying, or that it was a coded message for “stop the steal”.“While Alito’s explanation for how it did happen is hard to believe, it is more credible than the view that he knowingly chose to fly the flag upside down knowing its import.”But there is no doubt that the optics of the flag are atrocious. As Gillers also noted: “It’s obviously so damaging to the court, whose reputation is already suffering.”The highest court has taken such a battering over its ethical standards – mostly relating to private jets, vacations and other material benefits rather than political activities – that it has been forced to adopt its first-ever ethical code. It says that a justice must recuse him or herself from a case where they have a “personal bias or prejudice”.That might involve their spouse being party to the proceeding or having an interest that could be substantially affected by the outcome of the proceeding, the code states.Given what we now know about the behavior and convictions of both Ginni and Martha-Ann, it is arguable that there is at least a conversation to be had about whether Justices Thomas and Alito should disqualify themselves from any case relating to January 6. But there’s the rub.Under the new code, the supreme court polices itself on all ethical matters. Not only that – each individual justice polices him or herself, in effect sitting in judgment on themselves with even their eight colleagues having no say.Unsurprisingly, in the six months that the new code has been in existence very few justices have recused themselves. Where they have, only the liberal justices Elena Kagan and Ketanji Brown Jackson have publicly explained their decisions.It all points towards more storms ahead. It is now all but inevitable there will be calls for both Alito and Thomas to recuse themselves as election year proceeds.“The fact that two justices live in households with people who believe the 2020 election was stolen is astounding and disturbing,” Roth said. “Will they heed the calls for recusal? Probably not. Is there any way to force them? No.” More

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    in US Politics

    The Darkness Has Not Overcome: limp pro-Trump piety for a second coming

    The Darkness Has Not Overcome is a far cry from Team of Vipers, Cliff Sims’s kiss-and-tell from 2019. Under the subtitle My 500 Extraordinary Days in the Trump White House, that book sold well and spawned a brief legal spat with Donald Trump himself. But in a somewhat less stirring second outing, the Alabama son of two generations of Baptist ministers who became a reporter then a White House aide pays greatest attention to the lessons he takes from scripture and faith.Back in the Trumpian fold, this viper’s venom is distinctly diluted.Sims was cast out of Trumpworld in 2018 but returned to work as a speechwriter for Trump family members at the Republican convention in 2020. Then he landed a slot as a deputy to John Ratcliffe, a congressman turned director of national intelligence.Donald Trump Jr offers his praise for Sims’s new book, calling Sims “his friend”. The younger Trump – not noted for public displays of piety, let’s say – also laments that “American Christians are under attack every day by leftwing activists, mainstream media and liberal politicians”.Sims aches to land a punch for the team, but is reduced to trading on old glories. In his prologue, he rehashes near-verbatim a Team of Vipers story involving Trump and Cedric Richmond of Louisiana, then chair of the Congressional Black Caucus.Richmond purportedly praised the president to his face in a closed meeting, then intimated he was a bigot when the cameras rolled.“Congressman Richmond had been so sincere and complimentary of him behind closed doors, I thought he might at least be willing to say he didn’t personally believe Trump was racist. But he didn’t,” Sims writes – in both Team of Vipers and The Darkness Has Not Overcome.“‘You’d have to talk to the people who made those allegations and ask them what they would say about it,’ [Richmond told reporters]. ‘I will tell you that he’s the 45th president of the United States …’”If it had not been offered before, in greater detail – there’s no Omarosa Manigault this time – the anecdote might add a pinch of zest to a bland book. After all, Richmond now co-chairs Biden’s re-election campaign.Elsewhere, under a new, less fun subtitle – “Lessons on Faith and Politics from Inside the Halls of Power” – Sims decides to examine the legacy of Adolf Hitler, the “big lie” and the nature of tyranny. Those of a naive disposition, look away: Sims proves oddly unwilling to consider Trump’s affections for and frequent rhetorical echoes of Hitler, and his yearning to be an American strongman.“A psychological analysis of Hitler commissioned by the [Office of Strategic Services] during world war two described his obsession with lying as a way to manipulate the masses,” Sims writes.“Hitler’s policy of lies propelled him into power and ultimately played a significant role in his ability to perpetrate mass genocide. The truth matters a lot more than you might think.”So how does Trump, the man Sims backs to return to the White House and who lies as he breathes, think about Hitler?Trump reportedly kept a collection of the Führer’s speeches at his bedside.Jeremy Peters of the New York Times has captured Steve Bannon, a close Trump ally, giving this judgment of Trump’s history-making escalator ride in spring 2015, to enter the Republican race: “That’s Hitler, Bannon thought.”Jim Sciutto of CNN has quoted John Kelly, Trump’s second chief of staff, on Trump’s fondness for Hitler.Trump: “Well, but Hitler did some good things.”Kelly: “Sir, you can never say anything good about the guy. Nothing. I mean, Mussolini was a great guy in comparison.”In the White House, relations between Sims and Kelly were sulfurous. “In the past 40 years, I don’t think I’ve ever had a subordinate whose reputation is worse than yours,” Sims quotes Kelly as saying in Team of Vipers.Now, Sims also avoids discussion of Trump’s stated intention to act as a dictator for at least a day if re-elected, and his own big lie: that the 2020 election went to Joe Biden because of electoral fraud.skip past newsletter promotionafter newsletter promotionJust last weekend, Trump compared the Biden administration to Hitler’s Gestapo. Can you say, “projection”?Sims still has scores to settle. He luxuriates in the downfall of Robert Bentley, an Alabama governor whose affair with a campaign consultant went public. Oddly demure, Sims omits Bentley’s name while describing obtaining a damning recording from a source at midnight at a gas station, carrying a gun just in case.“The episode felt like a dramatic scene out of a spy movie … Ruger nine-millimeter pistol tucked in my waistband,” Sims writes. “I plugged the drive into my computer, opened the file and within a few minutes knew indeed that it would change the course of Alabama’s political history.”Bentley, a church deacon, resigned in the face of impeachment. He pleaded guilty to two misdemeanors, for misuse of state funds.After reveling in the details of Bentley’s descent, Sims delivers a killer coda: he called Bentley to let him know he “had been praying for his family”.You can’t make such stuff up. But it doesn’t end there: Sims spikes the football.“Even after he had lost everything, including the powerful office to which he had violently clung, he returned to his dermatology practice and hired as his office manager, believe it or not, his former political advisor and mistress.”Bentley never mounted an insurrection or claimed immunity from prosecution. Sims, of course, doesn’t even mention January 6.He also stays mum about Trump’s alleged hush-money payments to Stormy Daniels and Karen McDougal, an adult film star and a Playboy model who claimed affairs. The adjudicated sexual assault of E Jean Carroll? Nothing.The Darkness Has Not Overcome is an audition for a return trip to the White House. In that, Sims is not alone. Heck, even Ivanka wants in.
    The Darkness Has Not Overcome is published in the US by Hachette More