Evelyn Reynolds

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    ‘An instrument of chaos’: Trump leads polls as Iowa Republicans weigh future of US democracy

    As Iowa Republicans gather on Monday to choose their presidential candidate, a host of big questions surround the potential return of Donald Trump and the future of democracy in the US.Ongoing court cases against Trump, the frontrunner, loom large. Threats against elections officials and judges in Trump-related cases raise the possibility of political violence in a tense election year. For some Republican voters, the belief that the 2020 election was stolen from Trump remains a core part of their ideology.Trump also faces the prospect of being removed from the ballot over his role in the 6 January insurrection. Legal decisions using the 14th amendment as a basis for removing the former president from the contest will be heard by the US supreme court in February.The former president has vowed to retaliate against his enemies, go after Joe Biden and his family, and weaponize the justice department for his political goals in a second term in office predicted to center around retribution.Trump’s legal liabilities and heated rhetoric are not turning off his base of voters – they remain steadfast supporters of the Maga movement and think the cases against him are part of a conspiracy to keep him out of office. For voters choosing other candidates, though, the former president’s court woes and penchant for whipping up chaos have turned them off.A poll of likely Republican caucus voters in Iowa found that 61% said their support of Trump would not be affected by a potential criminal conviction before the general election. The NBC News/Des Moines Register/Mediacom poll says 19% of Republican caucus-goers in Iowa go even further – they would be more likely to back Trump if he is convicted – though 18% said the opposite.Jamie Copher, a 52-year-old Trump supporter who works in sales and marketing, voted for the first time in 2020 for Trump because he “ran this country like a business”, she said at a rally in Indianola, Iowa. She thinks Biden did not receive 81m legal votes in the 2020 election and that the election was a fraud, but she does not think the 2024 election could be stolen because “too many Americans are going to be watching”. (There is no evidence of widespread fraud in the 2020 election.)“I heard before that they were going to steal the 2020 election and, to be honest with you, I didn’t think any Democrat was smart enough to be able to steal an election and didn’t realise they’ve been stealing elections since pretty much before I was alive. I’ve learned a lot about the election system and I love it so I’m getting more involved locally,” she said.The potential of Trump being removed from the ballot because of the 14th amendment will not prevent Copher from voting for him.“I’m writing that man’s name in and I don’t care if he has a VP or not because I believe he never conceded. He’s still my president.”Cathy Kurtinitis, a 69-year-old Trump supporter, described January 6 as “overblown” and said the 2020 election should have been investigated more than it was, pointing out that Biden did not campaign in person much or draw the crowds Trump did.Asked if she is confident that Trump would beat Biden in 2024, Kurtinitis replied: “Apart from the machinations of the deep state, yes.”Trump’s supporters have not been put off by his language in recent months on the campaign trail, where he has vowed to be a dictator for a day after resuming office and called his political opponents “vermin”.Gary Leffler, 62, does not buy in to the notion that Trump would be a dictator. “Well, if he was going to do that he would have done it the first time, so what we say in Iowa is that’s a bunch of hogwash.”For the Republicans who are trying to avoid a Trump return, the concerns around the frontrunner are more of a turn-off. They do not like how his words tend to require clarification after the fact, though they are not always sure if he intends to incite violence or means exactly what he says. And they are looking for a future president who does not bring such baggage, which they see as a distraction, even if they also believe the 2020 election was not fair and the lawsuits are politically motivated.The former UN ambassador Nikki Haley’s supporters were more likely to say a conviction would hinder their support of Trump in a general election in the NBC News/Des Moines Register/Mediacom poll.Haley, seen as likely to place second in Iowa, has more crossover appeal to moderate and independent voters. Some of her supporters in Iowa said they did not believe the 2020 election was stolen and thought those involved in the insurrection were rightly held accountable, but that the court cases against Trump could backfire and only solidify his support.Jim Baker, a 61-year-old from San Diego who came to Iowa to help Haley’s campaign in the final days of the caucus, said he thought Trump lost to Biden, but that Biden had done a “poor job” as president.The 2024 election should be about finding the right person to lead the country forward, Baker said. “Donald Trump is not that person.”Still, he was not sure if the threat of political violence could come true or if it was more of Trump’s rhetoric. “There’s a lot of bark,” he said. “I don’t know how much bite there is. There’s a lot of bark. Yeah, he loves to bark and he loves to thrive on barking.”Supporters of the Florida governor, Ron DeSantis, supporters were less likely to turn against Trump if he is convicted compared to Haley supporters, according to the NBC News/Des Moines Register/Mediacom poll.Some supporters of DeSantis, who typically polls in third place in the Republican contest, said the prospect of electing Trump again, particularly while he faces ongoing civil and criminal cases, was too risky. Some said they were tired of the Trumpian brand of politics.Kent Christen, a 53-year-old analyst from Cedar Rapids, said the former president is careless when he talks, though he did not think Trump was necessarily telling people to be violent.“I think the issue is there’s not much delta between his brain and his mouth,” Christen said. “And it’s more and more difficult these days for people to clean up his message behind him. He gives people too many opportunities. Chaos follows him. He’s like an instrument of chaos. I’m kind of tired of all that. That’s the biggest reason I’m tired of him.”Amy Christen, a Cedar Rapids special education teacher who attended a DeSantis rally this weekend, said she did not think a Trump loss would lead to political violence, but she thought the left could become violent instead.“I will definitely see violence if Biden loses. I don’t know why the left – we saw the summer of love – we saw it in Seattle, in Portland, in Kenosha, we’ve seen it in Minneapolis,” she said, referring to the 2020 protests after George Floyd’s murder. “They’re angry. They’re violent.” More

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    A skirt served my grandfather well in the first world war | Brief letters

    Re your letters about men’s skirts (12 January), I am proud to say that my grandfather fought his way through the whole of the first world war wearing a khaki skirt. As a soldier he was part of the London Scottish regiment fighting in the trenches. Furthermore, it is said that his fellow soldiers told that he shaved every day.Mary TippettsBristol It’s useful to get a clear sight of what really matters to the UK and US governments. The prompt military action against Houthis in Yemen (Report, 11 January) shows clearly that any threat to global trade and the smooth running of capitalism is far more important than meaningful action to protect Palestinian civilians in Gaza.Norman MillerBrighton I agree with the first eight reasons (Yes, it’s cold, it’s wet and it’s dark – but here are nine reasons to love January, 14 January), but I take issue with number nine: “It really can’t get any worse.” What about February?Geoff SmithEndon, Staffordshire Re dramas that have changed history (Letters, 14 January), Harriet Beecher Stowe, who wrote Uncle Tom’s Cabin, was allegedly greeted by Abraham Lincoln during the American civil war with the words: “So you’re the little woman who wrote the book that started this great war.”Tom StubbsLondon What’s all this about men in their 70s wearing underpants (Letters, 14 January)? Gosh, I must try it sometime.Toby WoodPeterborough More

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    Icy battle for democracy in Iowa with Trump expected to win caucuses in an avalanche

    A cold coming we had of it. Icy winds blow across the plains, numbing the face and cutting to the bone. Stranded cars and tractor trailers lie abandoned at the side of highways. Snow is piled high on the side of every road in the state capital, where giant icicles hang off buildings. Candidates’ yard signs and children’s playgrounds have been enveloped by a white blanket.Welcome to Iowa, often described as the centre of the political universe at this stage of the US electoral cycle, but currently feeling more like the outer reaches of our solar system.It is here, amid wind chills of around -40F (-40C), that Monday will witness the dawn of the 2024 presidential election, the first since the insurrection of 6 January 2021, when US democracy itself hung by a thread.The brutal weather has proved timely for reporters in need of something to talk about ahead of some particularly anti-climactic Iowa caucuses. Democrats are not actively engaged this time, while the Republican race has never been such a foregone conclusion: Donald Trump in an avalanche.The only suspenseful questions on what is expected to be the coldest caucus night ever are: will Trump exceed 50% of the vote and will Nikki Haley, a former US ambassador to the UN, eclipse the one-time rising star Ron DeSantis, the governor of Florida?A third place finish could snuff out DeSantis’s singularly joyless effort, which has come to resemble a death march in a state that demands retail politics in its purest form. At an event at his campaign office in a drab building in West Des Moines on Saturday, a Queen hit boomed out from loudspeakers: “Don’t stop me now / I’m having such a good time, I’m having a ball.”The harsh reality is that this is still Trump’s party and neither DeSantis nor Haley managed to stake out their own identity. Chuck Todd, chief political analyst at NBC News, told Meet the Press that Republicans held “robust debates” about their ideological direction in 1964, 1976 and 2016 but not in 2024.“There really isn’t a debate about whether Trumpism is the right direction for the party; the debate is about Trump,” he said. “And I think that’s probably the mistake that Haley and DeSantis – they haven’t figured out how to make the case that Trump’s first term was a failure. You may have liked the issues he focused on, but his inability to solve these problems is why we have the problems we have today. And they seem to be afraid of making that argument.”But there is also a bigger picture, a new test of institutions after years of assault by Trump and the “Make America great again” movement. The Iowa caucuses are the first stop on the long and winding road to an election that will reveal whether the twice impeached, quadruply indicted former president is a historical aberration or destination.Jon Meacham, a presidential historian and informal adviser to Joe Biden, said on the MSNBC network on Sunday: “I think the central question for American democracy at this hour is, are you willing to vote for someone with whom you may differ on policy, but in whose fealty to the constitution you do not doubt? Or do you vote for someone who has demonstrated again and again that he’ll put himself above everything else? Pretty straightforward.”Meacham worries that, after nearly 250 years, the spirit of the declaration of independence and constitution are in grave jeopardy. “I do believe that this experiment needs to go on and I just worry – and I hope I’m wrong, but I don’t think I am given the evidence of the last, what, almost 10 years now – that a re-elected Trump would not only damage that experiment, but he damn well might end it.”There are plenty of reasons to suspect he might be right. A Trump rally at a snowy college campus Indianola on Sunday was shown a now-notorious “God Made Trump” video which claims that the former president is the Almighty’s gift to mankind. Doug Burgum, the North Dakota governor who once said he would not do business with Trump, turned up to endorse him, foreshadowing other spineless Republicans who will surely fold. Honoured guests included the British demagogue Nigel Farage and the self-declared Islamophobe Laura Loomer.Looking on, while shepherding a visiting group of British students, was the veteran political consultant Frank Luntz. To his own surprise and dismay, he would now bet on Trump beating Biden in November. “It’s because Trump seems to be getting stronger and stronger and Biden seems to be getting weaker and weaker,” he said, sounding like Cassandra.Indeed, Trump is approaching the primary with the swagger of an incumbent but heading into the general election with some of the insurgent energy he displayed in 2016. There will be some irony if the Iowa caucuses, a flawed and fragile yet beautiful exercise in democracy in church basements and school gyms, unleash a new authoritarianism on the world. More

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    Iowa caucuses 2024: who are the Republican presidential candidates?

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    The Republican race for the 2024 presidential nomination began with a surprisingly large field but has rapidly winnowed down. Now voters are flocking to the Iowa caucuses – the first contest in the process.In a US election, Republican and Democrats hold contests in each state to decide who their nominee will be in the presidential election in November. The winner in each state gets delegates who vote at the party conventions in the summer to choose their nominee. The state elections are usually called primaries with a simple vote, but in some states the election follows a more complex, meeting-based format known as a caucus.So far the 2024 Republican race has been heavily dominated by former US president Donald Trump, who has had a strong poll lead in Iowa itself, as well as in national surveys. Many experts expect a rerun of the 2020 race with Trump facing off against Democratic incumbent Joe Biden for the White House.The trailing pack of Republican candidates has seen numerous highly regarded figures – such as former vice-president Mike Pence and South Carolina senator Tim Scott – drop out. Those remaining have now split into two distinct groups of those who are (just about) potential rivals to Trump and those who are also-rans.Here are the key candidates dueling it out in Iowa:The favoriteDonald TrumpThe former US president’s campaign to retake the White House and once again grab his party’s nomination got off to a slow start that was widely mocked. But his campaign has steadily moved into a position of dominance and never looked likely to be dislodged from that.Trump declined to attend any of the Republican debates, has used his court appearances and many legal woes as a rallying cry to mobilize his base, and has run a surprisingly well-organized campaign. His extremist rhetoric, especially around his plans for a second term and the targeting of his political enemies, has sparked widespread fears over the threat to American democracy that his candidacy represents.His political style during the campaign has not shifted from his previous runs in 2016 and 2020 and, if anything, has become more extreme. Many see this as a result of his political and legal fates becoming entwined with a return to the Oval Office being seen as Trump’s best chance of nixing his legal problems.The potential rivalsNikki HaleyThe former South Carolina governor and ex-US ambassador to the United Nations under Trump has mostly hewed a fine line between being an alternative to Trump, while not outraging his base with too much direct criticism.That has paid off as Haley has shone in debates and worked hard on the campaign trail and risen in the polls to give her a shot at coming second in Iowa and causing an upset in New Hampshire – where she is polling strongly. However, that prominence has now earned Trump’s ire and the two campaigns are openly hurling insults at each other.Ron DeSantisThe rightwing Florida governor was widely seen as the most likely rival to Trump but DeSantis has proved a disaster as a campaigner on the national stage. Positioning himself as an extreme culture warrior, DeSantis has run a campaign of hardcore rightwing politics but he himself has proved a serious turnoff to voters.He has failed to use the debate stage to break through and been subject to a brutal months-long assault from Trump and his surrogates as his stiff campaign trail style damaged his standings. The result has been a prolonged tanking in the polls and Haley has largely overtaken him as the main “non-Trump” candidate.The also-ransVivek RamaswamyThe entrepreneur and extreme Trump fan had a moment in the sun during the early debates where he briefly seemed to be emerging as someone even Trumpier than Trump – but with a younger, more dynamic candidacy. That did not last long though as his poll numbers never caught on and his extremist comments generated endless negative press. He failed to qualify for the final debate.Asa HutchinsonFormer Arkansas governor Asa Hutchinson has remained in the race – but few people would really know why. He has not qualified for recent debates and is not expected to make any meaningful impression in Iowa or nationally and frequently dips below 1% in polls. Hutchinson feels like an older school pre-Trump Republican campaigning in a vastly different age from the one where he carved out a career as a traditional conservative.@font-face{font-family:”Guardian Headline Full”;src:url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-Light.woff2) format(“woff2”),url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-Light.woff) format(“woff”),url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-Light.ttf) format(“truetype”);font-weight:300;font-style:normal}@font-face{font-family:”Guardian Headline Full”;src:url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-LightItalic.woff2) format(“woff2”),url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-LightItalic.woff) format(“woff”),url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-LightItalic.ttf) format(“truetype”);font-weight:300;font-style:italic}@font-face{font-family:”Guardian Headline 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Titlepiece”;src:url(https://interactive.guim.co.uk/fonts/garnett/GTGuardianTitlepiece-Bold.woff2) format(“woff2”),url(https://interactive.guim.co.uk/fonts/garnett/GTGuardianTitlepiece-Bold.woff) format(“woff”),url(https://interactive.guim.co.uk/fonts/garnett/GTGuardianTitlepiece-Bold.ttf) format(“truetype”);font-weight:700;font-style:normal} More

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    The supreme court now serves the billionaire donor class – let’s rein it in | Martin Luther King III and Arndrea Waters King

    There is little doubt 2024 will be a consequential year as we enter a presidential election that will decide the future of American democracy. But while the race for the presidency will capture most of the headlines, a darker and more subtle governmental force continues to churn out devastating decisions that chip away at our fundamental freedoms.We’re talking, of course, about the US supreme court.This court – the governing body intended to safeguard the freedoms that are so crucial to the ideals of civil rights – has been weaponized by an extremist faction. One-third of the supreme court is dangerously political and was appointed by an individual who has repeatedly made clear he seeks to dismantle American democracy. Another three have spent their terms ignoring decades worth of legal precedent and prioritizing the interests of the elite few over the working people, families and communities that drive our nation forward.As a Maga supermajority, these justices have undone established rulings and legal norms in an attempt to reverse the progress of modern America and to systematically unravel Black political power. Those who pose the greatest threat to our freedoms will not only be on the ballot this November – they will be sitting in robes behind the bench.All we have to do is look at their track record to see what they’ll do next. For over a decade, extreme justices have issued legal rulings that force an unpopular and radical agenda on to the American people that is rooted in white supremacy.In just the past few years, these justices’ decisions have opened the door for extreme actors to gut the freedoms of communities of color – from passing anti-voting bills that make it harder for Black voters to cast ballots to abortion bans that disproportionately affect Black women. And the seeds they’ve planted are beginning to take root in the district courts and courts of appeal. The supreme court’s Maga supermajority dismantled affirmative action – taking away our most potent tool to level the playing field in higher education – and opened the door for gun violence to run rampant in the disastrous Bruen case. And this week, the court will hear oral arguments for a case that seeks to destroy the federal government’s ability to confront the most pressing issues of our time.Everywhere you look, you will see the story of a supreme court that has radicalized in service of its billionaire donors at the expense of Black Americans – gutting union power to attack workers’ rights, rolling back the clock on reproductive rights to strip people of the ability to make their own healthcare decisions, decimating environmental protections in service of corporations.After all, Black workers continue to have a higher union membership rate than white workers, despite making up just 14% of the US’s total population. Black women have 2.6 times the maternal mortality rate of white women. Black and Latino voters are disproportionately targeted by state-based voter suppression laws that require ID checks to cast a ballot.Black Americans continue to be targeted by conservative donor interests because our rights are intrinsically intertwined to American progress. If we strengthen our educational system, we increase access to colleges for Black and brown students. If we remove barriers to the ballot box, more elected officials will be elected to fight for civil rights. And that’s bad news for America’s billionaire donor class.The American people are taking notice of the ways in which the supreme court has corrupted the system – its approval rating sits at an all-time low, with three out of four voters supporting an ethics code. Now, we are taking matters into our own hands: after the court’s Dobbs decision shattered federal protections for abortion access, voters turned out in every single state that introduced a ballot measure to enshrine those protections into state constitutions.As the extreme rightwing plot to capture our democracy progresses, we need our elected officials to step in and do their jobs. That’s why we – alongside United for Democracy – are calling on leaders in Congress to rein in the supreme court. Congress must conduct immediate hearings, investigations and reforms to fix the institution that is harming the Americans it is tasked to protect.With the election right around the corner, and in the face of endless attacks aimed at dismantling my father’s legacy, Black voters will again be expected to “save democracy”. As our communities again prepare to out-organize voter suppression, we need those vying for votes to show that – on the other side of the victory speeches – they are committed to building a democracy that no longer needs saving, a democracy that reflects Dr Martin Luther King Jr’s vision.That means restoring integrity to the supreme court. More

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    Prosecutors are charging Trump using laws made to fight the KKK. Here’s why | Sidney Blumenthal

    On Tuesday, in response to the federal case brought by special prosecutor Jack Smith over Trump’s alleged role in the January 6 insurrection, Trump threatened a new round of violence – or “bedlam” – if he loses the election. In early February, the US supreme court will also rule on the Colorado supreme court’s decision to disqualify Trump from the state’s ballot for his part in the insurrection.The two cases might appear to be disconnected, but they are inseparable in law and history. They are united by Congress’s Reconstruction-era action to enforce the 14th amendment’s extension of constitutional rights against the former Confederates’ campaign of racial and political violence – the Ku Klux Klan Acts of 1870 and 1871.Smith has indicted Trump under the KKK Act, which incorporates the 14th amendment, section 3, of the constitution. The Colorado court’s disqualification comes under the third section of the amendment, which disqualifies from office anyone who has engaged in insurrection against the United States. There are clear and compelling reasons why Trump has been indicted under the KKK Act and disqualified under the 14th amendment, section 3. Those reasons are stated in the indictments and court rulings.Trump has been charged on the same grounds that Klansmen were prosecuted, not only during Reconstruction but also during the civil rights era of the 1960s, and he has been removed from the ballot on the same basis as Confederate traitors were removed from elective office. Complacent commentators have dismissed the charges that Trump has brought on himself, hoping to calm the waters by vainly demonstrating their fair-mindedness. But the law is not somnambulant forever and the historical reality underlying it cannot be erased as it was in the aftermath of the dismantling of Reconstruction in a ‘lost cause’ of false conciliation.Through the civil war amendments, the newly freed slaves began to establish themselves as citizens with equal protection under the law and the right to vote. By 1867, in 10 of the 11 former Confederate states, 80% of eligible black men had registered to vote. Blacks and whites enacted new state constitutions and elected Republicans to state and federal offices, including many African Americans. Almost at once they were subjected to a reign of terror.The Ku Klux Klan, established in 1866 and led by former Confederate officers, mobilized to deprive black Americans of their rights, and spread across the south to reimpose white supremacy. Reconstruction was subverted by a violent counterrevolution proclaimed as “Redemption”. Nearly 10% of the black delegates to those constitutional conventions were murdered.In 1867, the Congress passed the Military Reconstruction Act, dividing the south into five districts to be governed under the authority of Union generals. No former Confederate state could be considered legitimate or receive congressional representation until it held a democratically elected convention that adopted the 14th amendment. The Military Reconstruction Act excluded from the conventions anyone who fell under section 3 of the 14th amendment, which barred those who had taken an oath to the constitution but violated it by engaging in insurrection from holding many offices in the postwar United States.When states applied for readmittance the Congress authorized each one with legislation stating they had qualified under section 3. Four southern states – South Carolina, Texas, Arkansas and Alabama – incorporated section 3 into their new constitutions.The state of Georgia was readmitted on this basis in 1869. But as President Ulysses Grant stated in his first annual message to the Congress later that year, white Democrats in the Georgia legislature “in violation of the constitution which they had just ratified (as since decided by the supreme court of the State) … unseated the colored members of the legislature and admitted to seats some members who are disqualified by the third clause of the fourteenth amendment to the Constitution – an article which they themselves had contributed to ratify”.As a result, the Congress deprived Georgia of its federal representation until members of the legislature swore an oath of eligibility or had been cleared from the disability by Congress, as stipulated by the 14th amendment. From the start, Congress’s actions made it clear that when section 3 was ratified, it came into force carrying real consequences for violations.Behind these removals and oaths was a surging Klan that staged hundreds of violent nighttime raids, lynchings, rapes, church and school burnings, and whippings of black citizens, as well as assassinations of white Republicans. The Klan is estimated to have killed anywhere from 2,500 to 20,000 people during Reconstruction.The grand dragon of the KKK, the former Confederate general John B Gordon, testified before a congressional committee to disclaim any knowledge of the Klan: “I do not know anything about any Ku Klux organization … We never called it Ku Klux, and therefore I do not know anything about Ku Klux.” By contrast, the Klan’s grand wizard, the former Confederate general Nathan Bedford Forrest, who ordered the massacre of black troops after their surrender during the war, explained that blacks “were becoming very insolent”, and that “this [Ku Klux Klan] was got up to protect the weak, with no political intention at all”.The KKK Act was Congress’s attempt to stamp out the Klan’s domestic terrorism. It criminalized using “force, bribery, threats, intimidation, or other unlawful means” to interfere with any citizen’s right and ability to vote.Striking at former Confederates who were commanding the Klan, the act then prescribed imprisonment of “any person who shall hereafter knowingly accept or hold any office under the United States, or any State to which he is ineligible under the third section of the fourteenth article of amendment of the Constitution of the United States … ” Under the KKK Act, Grant’s attorney general, Amos Akerman, successfully prosecuted more than 1,100 cases against members of the Klan, effectively breaking it up.In the 1872 campaign, a large faction of the national Republican party opposed the KKK Act and advocated reconciliation with the south. They called themselves the Liberal Republican party and aligned with the Democrats against Grant’s re-election. The Amnesty Act of 1872, lifting the disability of section 3, was a sop to outflank the Liberal Republicans and marked the beginning of the end of Reconstruction. Still, Grant was re-elected, winning eight southern states with a black-white coalition.Post-Klan terrorist organizations – the White League in Louisiana, the White Liners in Mississippi and the Red Shirts in South Carolina – sprang up across the South to use paramilitary force to seize state governments. The Republicans lost their House majority in 1874; Democrats cut the justice department’s budget for enforcing the KKK Act. The 1876 presidential election was decided in a literal smoked-filled room through a deal in which the Republican candidate, Rutherford B Hayes, would become president in exchange for the withdrawal of federal troops from the south.The final contemporaneous effort at an enforcement act, the Federal Elections Act of 1890, drafted by Congressman Henry Cabot Lodge of Massachusetts, would have provided US marshals to secure elections in the states, but was defeated in the Congress. In 1896, the supreme court ruling in Plessy v Ferguson upholding segregation was the capstone on a series of court decisions eviscerating Reconstruction laws. Not until Plessy was overturned in Brown v Board of Education in 1954 with the rise of the civil rights movement did the civil war amendments and their enforcement stir to life again.In 1964, three civil rights workers were murdered by members of the Ku Klux Klan and the local police in Neshoba county, Mississippi. The justice department brought the case against 18 killers under the federal conspiracy statutes of the KKK Act before a grand jury presided over by federal judge William Harold Cox, a diehard segregationist. Cox dismissed the charges brought under section 241 of the KKK Act – a “conspiracy against rights”, extending federal criminal jurisdiction over private actors interfering with other citizens’ “free exercise of enjoyment of any right or privilege secured to him by the Constitution or laws of the United States”.The circuit court upheld Cox on the ground that section 241 does not include rights protected by the 14th amendment. The justice department appealed to the US supreme court, represented in the case by the solicitor general, Thurgood Marshall, who had argued the Brown case for the NAACP Legal Defense Fund.On 28 March 1966, in United States v Price, et al, known as the Mississippi Burning case, the court ruled unanimously that section 241 was applicable. The decision, written by Justice Abe Fortas, reviewed the history of the civil war amendments. “We think that history leaves no doubt that, if we are to give Section 241 the scope that its origins dictate, we must accord it a sweep as broad as its language,” he wrote. “In this context, it is hardly conceivable that Congress intended Section 241 to apply only to a narrow and relatively unimportant category of rights. We cannot doubt that the purpose and effect of Section 241 was to reach assaults upon rights under the entire Constitution, including the Thirteenth, Fourteenth and Fifteenth Amendments, and not merely under part of it.”It is precisely under section 241 of the Ku Klux Klan Act, upheld by the supreme court in an opinion that establishes the broadest possible application, that the justice department indicted Donald Trump on 1 August 2023. The indictment was not restricted to Trump’s activities during the January 6 US Capitol riot, but to the period of his conspiracy to stage a coup, a span that began after the election to the day he left office.To wit, count 4: “From on or about November 14, 2020, through on or about January 20, 2021, in the District of Columbia and elsewhere, the Defendant, DONALD J. TRUMP, did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States – that is, the right to vote, and to have one’s vote counted.”The special prosecutor then made clear that the law that Trump had violated was the pertinent section of the KKK Act: “In violation of Title 18, United States Code, Section 241.”Trump’s indictment under the KKK Act is the core of the charges against him. To convict him, there would be no need to determine definitively whether his incitement at the White House rally on 6 January 2021 makes him responsible for the assault on the Capitol, whether he obstructed a federal procedure or his state of mind during the insurrection. He would be held accountable for his centrality in the entire broad conspiracy under section 241 – under an expansive interpretation already decided by the supreme court. Moreover, section 241 does not require an overt act in furtherance of “conspiracy against rights”, though it does require intent. It also does not require an act of violence.The 14th amendment, section 3, provides a disqualification for insurrectionists. It was a self-executing document, just as was the 13th amendment abolishing slavery. The Congress enacted a series of enforcement acts – the first and second Reconstruction Acts, and the first Civil Rights Act. As President Grant and the Congress stated in the crisis over Georgia in 1869, the only means to remove the “disability” of disqualification was by an act of the Congress as stipulated in section 3 – an amnesty. The very existence of a remedy providing for the removal of the disqualification implies that the law is self-executing, as Grant and the Congress understood.The Ku Klux Klan Act, which specifically included section 3, was a further instrument to deal with a new insurrection. During Reconstruction that section was used within the KKK Act to suppress precisely that insurrection. Grant and the Congress knew that the 14th amendment was not limited to the insurrection that forced the civil war, but also was a governing constitutional document applicable to future insurrections.None of Trump’s defenders have suggested pursuing the proper remedy that is given within section 3, namely a congressional amnesty for him. To do so would be an admission that he was guilty of engaging in an insurrection against the United States. There would be no need for an amnesty unless there was a crime. An amnesty would be analogous to a pardon. But, with flagrant irresponsibility, virtually all of the Republican presidential primary candidates have offered that they would pardon Trump. They signaled that he has committed crimes and yet must be unaccountable. Still, despite their own logic, or illogic, they avoid discussing an amnesty.A number of commentators opine that Trump must not be held to account because it would arouse his enraged followers and violate the spirit of direct democracy (never mind the spirit of the law). Others assert that liberals who speak about the rule of law are perverse elitists who, by supporting Trump’s disqualification, reveal their true contempt for the people’s will. They urge relief for Trump as a naive gesture of good faith, as if even-handedness will encourage tolerance and pluralism. In short, the mechanism for the preservation of democracy must be withheld in the name of democracy.Meanwhile, at the federal appeals court hearing on his claim that he is immune from all prosecution because he is exempt from the 14th amendment, Trump threatened that if his trials proceed, if he fails to be granted “absolute immunity”, and if he loses the election, there would be “bedlam” – yet another incitement to insurrection.Taking his 14th amendment argument to its logical conclusion, his attorney, D John Sauer, argued before the three-judge panel that Trump could order the military to assassinate an opponent and be protected from indictment unless he was first impeached and convicted by the Senate. His statement attempted to elevate to a constitutional immunity Trump’s notorious remark in 2015: “I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn’t lose any voters, OK?” Trump’s attorney seemed unaware or indifferent that by the same logic President Biden could with impunity order the assassination of Trump.In 1927, Trump’s father, Fred Trump, 21 years old, was arrested, according to police records, at a Ku Klux Klan rally in Queens, New York, where 1,000 robed and hooded Klansmen marched through the streets. “This never happened,” Donald Trump said when the story reappeared in 2022. “Never took place. He was never arrested, never convicted, never even charged. It’s a completely false, ridiculous story. He was never there! It never happened. Never took place.”The Trump trials have put the civil war and Reconstruction amendments on trial again – “the results of the war”, as Grant called it. Trump’s indictment under section 241 of the KKK Act tests the federal government’s ability and willingness to secure basic voting rights and defend the constitution. Or else there will be “bedlam”.
    Sidney Blumenthal is a Guardian US columnist. He is former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth More

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    ‘He’d been through the fire’: John Lewis, civil rights giant, remembered

    When he was a Ku Klux Klansman in South Carolina, Elwin Wilson helped carry out a vicious assault that left John Lewis with bruised ribs, cuts to his face and a deep gash on the back of his head. Half a century later, Wilson sought and received Lewis’s forgiveness. Then both men appeared on Oprah Winfrey’s TV show.Wilson looked overwhelmed, panicked by the bright lights of the studio, where nearly 180 of Lewis’s fellow civil rights activists had gathered. But then Lewis smiled, leaned over, gently held Wilson’s hand and insisted: “He’s my brother.” There was not a dry eye in the house.Raymond Arsenault, author of the first full-length biography of Lewis, the late congressman from Georgia, describes this act of compassion and reconciliation as a quintessential moment.“For him, it was all about forgiveness,” Arsenault says. “That’s the central theme of his life. He believed that you couldn’t let your enemies pull you down into the ditch with them, that you had to love your enemies as much as you loved your friends and your loved ones.”It was the secret weapon, the way to catch enemies off-guard. Bernard Lafayette, a Freedom Rider and close friend of Lewis, a key source for Arsenault, calls it moral jujitsu.Arsenault adds: “They’re expecting you to react like a normal human being. When you don’t, when you don’t hate them, it opens up all kinds of possibilities. The case of Mr Wilson was classic. I’ve never seen anything like it in my lifetime, for sure.”Arsenault, a history professor at the University of South Florida, St Petersburg, has written books about the Freedom Riders – civil rights activists who rode buses across the south in 1961 to challenge segregation in transportation – and two African American cultural giants: contralto Marian Anderson and tennis player Arthur Ashe.He first met Lewis in 2000, in Lewis’s congressional office in Washington DC, a mini museum of books, photos and civil rights memorabilia.“The first day I met him, I called him ‘Congressman Lewis’ and he said: ‘Get that out of here. I’m John. Everybody calls me John.’ It wasn’t an affectation. He meant it. He seemed to value human beings in such an equalitarian way.”Lewis asked for Arsenault’s help tracking down Freedom Riders for a 40th anniversary reunion. It was the start of a friendship that would last until Lewis’s death, at 80 from pancreatic cancer, in 2020.“From the very start I saw that he was an absolutely extraordinary human being,” Arsenault says. “I don’t think I’d ever met anyone quite like him – absolutely without ego, selfless. People have called him saintly and that’s probably fairly accurate.”Arsenault was approached to write a biography by the historian David Blight, who with Henry Louis Gates Jr and Jacqueline Goldsby sits on the advisory board of the Yale University Press Black Lives series. The resulting book, John Lewis: In Search of the Beloved Community, examines a rare journey from protest leader to career politician, buffeted by the winds of Black nationalism, debates over the acceptability of violence and perennial tensions between purity and pragmatism.Arsenault says Lewis “was certainly more complicated than I thought he would be when I started. He tried to keep his balance, but it was not easy because a lot of people wanted him to be what is sometimes called in the movement a ‘race man’ and he wasn’t a race man, even though he was proud of being African American and very connected to where he came from. He was always more of a human rights person than a civil rights person.“If he had to choose between racial loyalty or solidarity and his deeper values about the Beloved Community [Martin Luther King Jr’s vision of a just and compassionate society], he always chose the Beloved Community and it got him in hot water. He, for example, was criticised for attacking Clarence Thomas during the [1991 supreme court nomination] hearings and of course he proved to be absolutely right on that one.“There were other cases where if there was a good white candidate running and a Black man who wasn’t so good, he’d choose the white candidate and he didn’t apologise for it. He took a lot of heat for that. Now he’s such a beloved figure sometimes people forget that he marched to his own drummer.”Lewis’s philosophy represented a confluence of Black Christianity and the teachings of Mahatma Gandhi, Arsenault says. “He had this broader vision. There’s not a progressive cause that you can mention that he wasn’t involved with in some way or another.“He was a major environmentalist. There was a lot of homophobia in the Black community in those years but not even a hint [in Lewis]. He was also a philosemite: he associated Jews as being people of the Old Testament and he was so attracted to them as natural allies. Never even a moment of antisemitism or anything like that. He was totally ahead of his time in so many ways.”‘A man of action’Lewis was born in 1940, outside Troy in Pike county, Alabama, one of 10 children. He grew up on his family’s farm, without electricity or indoor plumbing, and attended segregated public schools in the era of Jim Crow. As a boy, he wanted to be a minister.Arsenault says: “I have a picture of him in the book when he was 11; they actually ran something in the newspaper about this boy preacher. He had something of a speech impediment but preached to the chickens on the farm. They were like his children or his congregation, his flock, and he loved to tell those stories.“But he was always bookish, different from his big brothers and sisters. He loved school. He loved to read. In fact his first protesting was to try to get a library card at the all-white library.”Denied a library card, Lewis became an avid reader anyway. He was a teenager when he first heard King preach, on the radio. They met when Lewis was seeking support to become the first Black student at the segregated Troy State University.“He was a good student and a conscientious student but he realised that he was a man of action, as he liked to say. He loved words but was always putting his body on the line. It’s a miracle he survived, frankly, more than 40 beatings, more than 40 arrests and jailings, far more than any other major figure. You could add all the others up and they wouldn’t equal the times that John was behind bars.”Lewis began organising sit-in demonstrations at whites-only lunch counters and volunteering as a Freedom Rider, enduring beatings and arrests. He helped found the Student Nonviolent Coordinating Committee (SNCC), becoming its chair in 1963. That year, he was among the “Big Six” organisers of the civil rights movement and the March on Washington, where at the last minute he agreed to tone down his speech. Still, Lewis made his point, with what Arsenault calls “far and away the most radical speech given that day”.In 1965, after extensive training in non-violent protest, Lewis, still only 25, and the Rev Hosea Williams led hundreds of demonstrators on a march of more than 50 miles from Selma to Montgomery, Alabama’s capital. In Selma, police blocked their way off the Edmund Pettus Bridge. Troopers wielded truncheons, fired tear gas and charged on horseback. Walking with his hands tucked in the pockets of his tan overcoat, Lewis was knocked to the ground and beaten, suffering a fractured skull. Televised images of such state violence forced a reckoning with southern racial oppression.Lewis returned to and crossed the bridge every year and never tired of talking about it, Arsenault says: “He wasn’t one to talk about himself so much, but he was a good storyteller and Bloody Sunday was a huge deal for him. He said later he thought he was going to die, that this was it.skip past newsletter promotionafter newsletter promotion“He passed through an incredible rite of passage as a non-violent activist and nothing could ever be as bad again. He’d been through the fire and so it made him tougher and more resilient. It’s origins of the legend. He was well considered as a Freedom Rider, certainly, and already had a reputation but that solidified it and extended it in a way that made him a folk hero within the movement.”Lewis turned to politics. In 1981, he was elected to the Atlanta city council. Five years later he won a seat in Congress. He would serve 17 terms. After Democrats won the House in 2006, Lewis became senior deputy whip, widely revered as the “conscience of the Congress”. Once a young SNCC firebrand, sceptical of politics, he became a national institution and a party man – up to a point.“That tension was always there,” Arsenault reflects. “He tried to be as practical and pragmatic as he needed to be but that wasn’t his bent.“He was much more in it for the long haul in terms of an almost utopian attitude about the Beloved Community. He probably enjoyed it more when he was a protest leader, when he was kind of a rebel. Maybe it’s not right to say he didn’t feel comfortable in Washington, but his heart was back in Atlanta and in Pike county. As his chief of staff once said, wherever he went in the world, he took Pike county with him.”The fire never dimmed. Even in his 70s, Lewis led a sit-in protest in the House chamber, demanding tougher gun controls. As a congressman, he was arrested five times.“He was absolutely determined and, as he once said: ‘I’m not a showboat, I’m a tugboat.’ He loved that line. Nothing fancy. Just a person who did the hard work and was always willing to put his body on the line,” Arsenault says.‘If he hated anyone, it was probably Trump’Lewis endorsed Hillary Clinton in 2008 but switched to Barack Obama, who became the first Black president. Obama honoured Lewis with the presidential medal of freedom and in 2015, on the 50th anniversary of Bloody Sunday, they marched hand in hand in Selma. Lewis backed Clinton again in 2016 but was thwarted by Donald Trump.Arsenault says: “He was thrilled by the idea of an Obama presidency and thought the world was heading in the right direction. He worked hard for Hillary in 2016 and thought for sure she was going to win, so it was just a devastating thing, as it was for a lot of us. He tried not to hate anyone and never would vocalise it but, if he hated anyone, it was probably Trump. He had contempt for him. He thought he was an awful man.“That was something I had to deal with in writing the book, because you like to think it’s going to be an ascending arc of hopefulness and things are going to get better over time, but in John Lewis’s life, the last three years were probably the worst in many respects because he thought that American democracy itself was on the line.”When Lewis died, Washington united in mourning – with a notable exception. Trump said: “He didn’t come to my inauguration. He didn’t come to my State of the Union speeches. And that’s OK. That’s his right. And, again, nobody has done more for Black Americans than I have.”Arsenault says: “They were almost like antithetical figures. Lewis was the anti-Trump in every conceivable way, but when he died in July 2020 he probably thought Trump was going to win re-election. Within the limits of his physical strength, which wasn’t great at that point, he did what he could, but the pancreatic cancer was so devastating from December 2019 until he died.“It was tough to deal with that part of the story but, in some ways, maybe it’s not all that surprising for someone whose whole life was beating the odds and going against the grain. He had suffered plenty of disappointments before that. It just made him more determined, tougher, and he was absolutely defiant of Trump.”Lewis enjoyed positive relationships with Republicans. “He was such a saintly person that whenever there were votes about the most admired person in Congress, it was always John Lewis. Even Republicans who didn’t agree with his politics but realised he was something special as a human being, as a man.“He had always been able to work across the aisle, probably better than most Democratic congressmen. He didn’t demonise the Republicans. It was Trumpism, this new form of politics, in some ways a throwback to the southern demagoguery of the early 20th century, this politics of persecution and thinly veiled racism. He passed without much sense that we were any closer to the Beloved Community.”Lewis did live to see the flowering of the Black Lives Matter movement after the police murder of George Floyd in Minneapolis. He was inspired, a day before he went into hospital, to visit Black Lives Matter Plaza, near the White House.“For him it was the most incredible outpouring of non-violent spirit in the streets that he’d ever seen, that anybody had ever seen,” Arsenault says. “That was enormously gratifying for him. He thought that in some sense his message had gotten through and people were acting on these ideals of Dr King and Gandhi.“That was hugely important to him and to reinforcing his values and his beliefs and his hopes. I don’t think he was despondent at all because of that. If that had not happened, who knows? But he’d weathered the storms before and that’s what helped him to weather this storm, because it was it was so important to him.”Lewis enjoyed fishing, African American quilts, sweet potato pie, listening to music and, as deathless videos testify, dancing with joy. Above all, Arsenault hopes readers of his book will be moved by Lewis’s fidelity to the promise of non-violence.“When you think about what’s happening in Gaza and the Middle East and Ukraine right now, it’s horrible violence – and more than ever we need these lessons of the power of non-violence. [Lewis] was the epitome of it. You can’t help but come away with an admiration for what he was able to do in his lifetime, how far he travelled. He had no advantages in any way.“The idea that he was able to have this life and career and the American people and the world would be exposed to a man like this – in some ways he is like Nelson Mandela. He didn’t spend nearly 30 years in prison, but I think of them as similar in many ways. I hope people will be inspired to think about making the kind of sacrifices that he made. He gave everybody the benefit of the doubt.”
    John Lewis: In Search of the Beloved Community is published in the US by Yale University Press More

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    ‘This person should not be president’: Kamala Harris takes hits in book on Biden

    Considering Kamala Harris’s fitness to take over from Joe Biden should the need arise, a top aide to the former California senator’s 2020 campaign said: “This person should not be president of the United States.”The withering assessment, given after Harris was picked for vice-president in 2020, is reported in The Truce: Progressives, Centrists and the Future of the Democratic Party, by the reporters Hunter Walker and Luppe B Luppen. The book will be published in the US on 24 January 2024. The Guardian obtained a copy.Harris ran for president in 2020, but withdrew a month before the first vote. Her campaign, Walker and Luppen quote the unnamed aide as saying, was “rotten from the start.“A lot of us, at least folks that I was friends with on the campaign, all realised that: ‘Yeah, this person should not be president of the United States.”Another unnamed aide, identified as a “senior staffer”, is quoted as saying Harris’s backstory, as the child of Indian and Jamaican immigrants who became the first woman and woman of colour to be vice-president, is “a lot of the reason people support her.“But you’ve got to back that up with: ‘What are you going to do?’”In fact, Harris made a strong start to the Democratic primary in 2019, landing memorable blows on Biden in the first debate when she brought up the veteran senator and former vice-president’s historic opposition to “busing”, a way of compelling racial integration in public schools.“There was a little girl in California who was part of the second class to integrate her public schools,” Harris said, onstage in Miami, “and she was bused to school every day, and that little girl was me.”But Harris failed to capitalise with policy proposals or further profitable attacks and though Biden forgave her, overruling reported opposition among aides and from his wife to pick Harris as his running mate, reports of tension and Harris’s frustrations as vice-president have been a feature of their time in power.The White House has repeatedly denied such reports concerning Biden and Harris’s working relationship and alleged dysfunction in Harris’s office.Biden and Harris are set to form the Democratic ticket again this year.Polling, however, shows widespread concern that at 81, Biden is too old to properly prosecute a potentially historic campaign, with Donald Trump seemingly set to be the Republican nominee once more.skip past newsletter promotionafter newsletter promotionPolling also shows low approval numbers for Harris. Republicans, particularly Trump’s closest challenger, Nikki Haley, have made the prospect of her taking power a central campaign theme.Walker and Luppen report speculation that Harris could line up a 2028 bid on a ticket with Pete Buttigieg, the transportation secretary who won the Iowa caucuses in 2020.A former Buttigieg staffer is quoted as saying Harris has established “a personal relationship with Pete in a way that she doesn’t with other people”.But alleged people problems, familiar from reports about Harris’s campaign and her time as vice-president, also surface in Walker and Luppen’s book.“The problems Harris and her team had experienced on her campaign had persisted during her time as vice-president,” the authors write.“Harris saw heavy staff turnover, with aides describing a toxic climate riven with factionalism and mismanagement. One source who worked for the vice-president declined to go on record or even discuss matters anonymously, due to the heated atmosphere around the office.“They refused to characterise the experience of working for Harris, apart from offering a three-word assessment. It was, they said: ‘Game of Thrones’.” More