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    Trump adviser suggested blowing up migrants’ boats with drones, book says

    The top Trump adviser Stephen Miller advocated blowing up boats of migrants with drones, according to a new book by a former homeland security official previously revealed to be the “anonymous” author behind a famous warning about Trump White House extremes.In his new book, Blowback: A Warning to Save Democracy from the Next Trump, Miles Taylor says in April 2018 Miller advocated an attack on a ship heading for the US, saying people onboard were not protected under the constitution as they were in international waters.The passage was first reported by Rolling Stone, which said it had reviewed documentation that supported the claim.Taylor says Miller made his argument to Paul Zukunft, an admiral then commandant of the US Coast Guard.According to Taylor, Miller said: “Tell me why can’t we use a Predator drone to obliterate that boat?”Taylor writes: “Admiral Zukunft looked nonplussed. ‘Because, Stephen, it would be against international law.’”Taylor says Miller argued with Zukunft, telling “the military chief nearly 30 years his senior, ‘I don’t think you understand the limitations of international law.’”A spokesperson for Miller told Rolling Stone: “This is a complete fiction that exists only in the mind of Miles Taylor desperate to stay relevant by fabricating material for his new book.”Zukunft told Rolling Stone he had “no recollection” of the exchange as described by Taylor, but “vividly recall[ed] having a lengthy conversation with Stephen Miller regarding south-west border security in 2018”.He added: “To use deadly force to thwart maritime migration would be preposterous and the antithesis of our nation’s vanguard for advancing human rights.”Miller was a speechwriter and close adviser to Donald Trump, particularly associated with extreme policies on immigration.As Rolling Stone pointed out, Miller has often been linked to outlandish policy suggestions, including a 2019 proposal to “secure [Isis leader] Abu Bakr al-Baghdadi’s head, dip it in pig’s blood and parade it around to warn other terrorists”.That revelation came from a book by Mark Esper, Trump’s last permanent secretary of defense, who also described Trump asking if drug labs in Mexico could be hit with US missiles.Taylor was chief of staff at the Department of Homeland Security when he became “Anonymous”, the author of a New York Times column which in September 2018 caused a sensation as an insider’s account of dysfunction under Trump.Taylor published a book, A Warning, before revealing his identity and endorsing Joe Biden in the 2020 election.Regarding his account of Miller’s wish to target migrants with drone-fired missiles, Taylor told Rolling Stone: “The conversation happened.” More

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    Decades of Decadence review: Marco Rubio joins publishing’s motley Republican crew

    Marco Rubio should have picked a better title. With his new book, the three-term senator echoes a 1991 double-platinum album by none other than Mötley Crüe: Decade of Decadence. The vice-chair of the Senate intelligence committee gives no credit to the bad boys of rock.Rubio is no Tommy Lee. As a presidential candidate, in 2016, the Florida senator preened … with an invisible kick-me sign pinned to his back.Donald Trump gleefully mocked the senator, his finances and personal tics. Rubio’s relationship with credit cards, Trump called a “disaster”. He also laced into his rival for sweating and gulping down water when rebutting Barack Obama’s State of the Union address in 2013.“I need water. Help me. I need water,” Trump sneered.It didn’t matter if Lil’ Marco had larger hands than him.In New Hampshire, Chris Christie fatally blistered Rubio for a robotic debate performance. “Memorized 25-second speech” – the words will forever haunt him. In that moment, Rubio’s grand ambitions went up in smoke.Also in 2015, McKay Coppins of the Atlantic caught Rubio pinching himself over his own good fortune, exclaiming to a friend: “It’s amazing … I can call up a lobbyist at four in the morning and he’ll meet me anywhere with a bag of $40,000 in cash.”So much for the yucks to be derived from Rubio’s title. As a text, Decades of Decadence delivers little. It lacks even the (skewed) intellectual curiosity of recent books by Tom Cotton and Josh Hawley, hard-right senators of a generation just after Rubio. Instead, Rubio’s broadside reads like a laundry list of Republican orthodoxies delivered by a legislator scared Trump will upend his career still further. Less than two years ago, remember, the prospect of a primary challenge from Ivanka Trump had Rubio terrified.“I like Ivanka, and we worked very well together on issues, and she’s a US …” Rubio babbled. In the end, she punted. He was spared.But Rubio won’t (or can’t) leave well enough alone. In his new book, he compares himself to Donald Trump.“Watching the Trump campaign in action, I was reminded of my own first campaign for the US Senate in 2010,” he reminisces. “I did have an outsider spirit that allowed me to connect with voters who felt that the government wasn’t working for them.”Not in 2016, he didn’t. In his own state, Rubio lost the presidential primary to Trump by nearly 20 points.Elsewhere, Rubio compares himself to Roger Goodell.“I think of my role as a policymaker as very similar to the role of the commissioner of the National Football League,” he writes.OK. For what it’s worth, Rubio’s wife was once a Miami Dolphins cheerleader. His time as a college football player is a source of personal nostalgia.Dutifully, Rubio bashes the Bushes. He attacks the late George HW Bush and James Baker, his secretary of state, for being soft on China. He castigates Bush, who was ambassador to the United Nations and liaison to China, for referring to a Chinese leader as an “old friend”. He zings Baker as a “career public servant”.Bush served in the second world war. Baker was Bush’s “Velvet Hammer”. On their watch, the Berlin Wall fell and Kuwait was liberated. Rubio never wore a uniform and has spent most of his adult existence on the taxpayers’ dime. He is a career politician.Predictably, Rubio omits any mention of Trump prostrating himself before Xi Jinping and Kim Jong-un. The normally loquacious senator also stayed mum over Trump congratulating Kim on his country’s election to the board of the World Health Organization.On the page, Rubio also takes aim at the over-extension of the US military, financialism and woke corporations. He evidently suffers from amnesia. In a March 2015 interview with Fox News, Rubio rejected the contention the Iraq war was a mistake.“I don’t believe it was,” he said, adding: “The world is a better place because Saddam Hussein doesn’t run Iraq.”Weeks later, he reversed his position.In the same spirit of expediency, Rubio now voices disgust for Wall Street and financialism, upbraids Jamie Dimon of JP Morgan Chase for supporting Black Lives Matter, and zings Ray Dalio of Bridgewater Capital for boosting investment in China.In 2016, such forces drove Rubio’s presidential campaign. Politico blared: “Koch donors give Rubio early nod.” Other major donors included Paul Singer of Elliott Management and Ken Griffin, a billionaire hedge fund mogul and Harvard donor.“I’m really excited to be supporting Marco Rubio,” Griffin said. “He will be the next president.”Not quite. Seven years on, Griffin’s Citadel Securities is increasing its exposure in China. To Rubio, apparently, the role of business is to cough up campaign dollars – then shut up.“The best way to ensure our political system is less reliant on money is not to pass laws which infringe on fundamental rights, but rather to elect leaders who value policy and principles over politics and special interests,” the senator intones.In the race for the Republican nomination, he has not yet endorsed. That has not stopped him bemoaning Trump’s fate at the hands of the law. Last week, moments after news of the former president’s latest indictment, over his retention of classified records, Rubio delivered the following tweet:“There is no limit to what these people will do to protect their power and destroy those who threaten it, even if it means ripping our country apart and shredding public faith in the institutions that hold our republic together.”His disdain for Joe Biden is unvarnished. Trump? Less so – in public, at least.
    Decades of Decadence: How Our Spoiled Elites Blew America’s Inheritance of Liberty, Security, and Prosperity is published in the US by HarperCollins More

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    Dictatorship? How Hitler, Stalin and Trump show it’s easier than you think

    Three zombies lurching your way is scary enough. Now imagine they’re Lenin, Stalin and Putin. This scene isn’t from a Kremlin-themed horror film, but rather a new graphic novel, Dictatorship: It’s Easier Than You Think! by Sarah Kendzior and Andrea Chalupa.Through their day job, as co-hosts of the Gaslit Nation podcast, the authors have long warned about the dangers of authoritarianism, whether discussing January 6 or the Russian invasion of Ukraine. Now they are releasing a book, illustrated by the Polish artist Kasia Babic.It’s a tongue-in-cheek look at dictatorship, a how-to manual with lessons from Hitler, Stalin, Mussolini, Putin, Kim Jong-un and many others whose stories offer time-tested tips on how to seize and consolidate power.“We wanted to do a book on the dictator playbook to show people how unoriginal dictators are,” Chalupa says, “so they can better predict the next moves of an aspiring authoritarian.”Some such moves, such as stigmatizing minority groups or employing propaganda, are well-known from history class. Others may seem counterintuitive. According to Chalupa and Kendzior, dictators are fond of both elections and constitutions. It helps, of course, if they win the popular vote by an overwhelming margin and if constitutional rights are guaranteed on paper but not in real life.On the page, these tips and more are shared by an omniscient narrator who Chalupa says has Cary Grant’s looks and verve, Stephen Colbert’s snark and the devil’s ability to tempt.One relatively new development for dictators is the increasing usefulness of technology when it comes to keeping civilians under surveillance. Chalupa notes that when her Ukrainian grandfather was in one of Stalin’s prison camps, inmates were allowed to speak to each other relatively freely. Today, China uses technology to keep a constant eye on Uyghurs in its own camps. Chalupa and Kendzior fault companies like Apple, Facebook and Google for doing business with China.“When you have innovations in AI driven by companies in the west, it’s going to be used for authoritarian control,” Chalupa says.“It’s only a matter of time before it starts spreading everywhere. You think you live in a democracy? Every single democracy is vulnerable. Nobody is immune to the authoritarian virus. If all the surveillance technology tools go unregulated, if there’s no vocal outcry against them from the public or elected officials in the EU, North America and elsewhere, if there’s no pushback against them, it’s going to be game over.”When Chalupa and Kendzior conceived their book, they outlined it as if it were an infomercial, wondering what a Trump University course on dictatorship would look like, and proceeded accordingly. They also thought about Oscars-style awards for despots.In one sequence, the narrator becomes an Academy Awards host. He dons a tuxedo, strolls the red carpet and presents the Oscar for Best Purge to Kim Il-sung, founder of the dynasty that rules North Korea. According to the book, nowadays Kim Jong-un not only continues the tradition of purges, he has extended it to canine pets of the ruling class.As Chalupa points out, dictators can’t achieve power on their own. They require the help of “useful idiots”.“In terms of Hitler, Stalin, Mussolini, all the sort of people we highlight throughout the project, the larger theme of the book is useful idiots. People helped Hitler have power. Why? What did they get out of it, or think they were getting out of it?”The book looks at a Weimar Republic media baron, Alfred Hugenberg, who thought he could control Hitler and limit his danger to Germany: a fateful miscalculation. Meanwhile, Stalin’s brutality was whitewashed in the west thanks to figures including the celebrated playwright George Bernard Shaw and the New York Times journalist Walter Duranty, whose fawning coverage won a Pulitzer prize. One of Duranty’s contemporaries, the Welsh journalist Gareth Jones, who sought to expose Stalin’s atrocities, was the subject of Chalupa’s 2019 feature film, Mr Jones. Another voice of conscience spotlighted in Chalupa and Kendzior’s book is George Orwell, for his courageous opposition to Stalin and to authoritarianism in general.“I think Orwell wasn’t alone,” Chalupa says. “He had a community working with him side-by-side” including “his wife Eileen, a remarkable poet in her own right”.The rogues’ gallery wouldn’t be complete without Donald Trump. Recently indicted a second time, the 45th president plays a prominent role in the book. One aspect the authors emphasize is Trump’s dictatorial skill when it comes to inflaming supporters.They highlight his tweets on the campaign trail in 2016: “If you see somebody getting ready to throw a tomato, knock the crap out of ’em would you? Seriously. OK? Just knock the hell – I promise you, I will pay for the legal fees. I promise. I promise.”Another sequence depicts Trump supporters drinking conspiracist Kool-Aid on January 6. A man wearing a red Maga cap downs a shot which makes his muscles expand and brain shrink. “Stop the steal!” he exclaims. Others, similarly addled, start threatening Nancy Pelosi and Mike Pence. Egged on by Trump, the mob attacks the Capitol. With the seat of government burning, Trump feigns innocence.The book also examines US support for dictatorships abroad. In the 1970s, such support often came about through the then secretary of state, Henry Kissinger. Whether it was the coup against Salvador Allende that brought Augusto Pinochet to power in Chile or coziness toward dirty war dictators in Argentina, Kissinger was key to the embrace of despots worldwide.“He was like a ‘Where’s Waldo?’ during our research,” Chalupa recalls, noting “all the times he kept popping up – ‘there’s Kissinger again.’”With so much material to work with, the authors had to make decisions about what to include. Their treatment of Hitler spotlights Mein Kampf and his brief alliance with Stalin, but there is not much mention of his antisemitism and the Holocaust.“We sort of focused on the dictators themselves versus their atrocities,” says Chalupa, whose next project is a Holocaust-themed work about the American second world war reporter Dorothy Thompson. “It’s sort of like the Hitchcock method.”She adds that “the focus is so much on useful idiots. It’s really the theme of the book. We’re not trying to minimize any atrocities” or “eclipse the victims”.Chalupa noted that the book is geared toward younger readers, aiming to encourage them to learn more. Sadly, with things the way they are, it seems there will be no shortage of material should a sequel ever be planned. But Chalupa maintains a sense of hope.“We’ve got to keep fighting,” she says. “We have no choice. Every single one of us, wherever [we are], should not check out, should not say, ‘OK, it’s out of my hands.’ It’s not up to you alone to fix it, but what we have the power to do, the bandwidth to do, is incredibly powerful.”
    Dictatorship: It’s Easier Than You Think! is published in the US by First Second More

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    Republican hopeful Mike Pence to release book on ‘how faith makes family’

    The former vice-president and candidate for the Republican presidential nomination Mike Pence will release a new book in November: a compilation of “advice on how faith makes family and family makes a life”, entitled Go Home for Dinner.Simon & Schuster announced the new project, from a devoutly Christian politician famous for refusing to dine alone with any woman who is not his wife.Pence’s daughter, Charlotte Pence Bond, was announced as co-author. Pence Bond is also the author of a series of children’s books about the family’s pet rabbit, Marlon Bundo, which the HBO talkshow host John Oliver memorably satirised with a book in which Marlon turned out to be gay.Pence published a campaign-oriented memoir, So Help Me God, last year. In that project, in preparation for his presidential run and now on the campaign trail, he has sought to gradually distance himself from his former boss – not least because Donald Trump sent to the Capitol the mob which threatened Pence’s life on January 6.On Thursday, Simon & Schuster said: “When Mike Pence was a young politician, reporters used to ask him: ‘Where do you see yourself in five, 10 years?’ Without fail, the former vice-president would reply: ‘Home for dinner.’”Before becoming vice-president, Pence was a congressman and governor of Indiana.Pence looks set to lose the Republican primary, lagging about 50 points behind Trump in polling, despite the former president’s various forms of serious legal jeopardy.While facing likely indictments over his election subversion and incitement of the Capitol riot, Trump has pleaded not guilty to 37 federal criminal charges over his retention of classified records and 34 state criminal charges over his hush money payment to a porn star, Stormy Daniels, who claimed a sexual affair.Simon & Schuster said Pence would offer readers a “straightforward and personal” guide to a lifestyle rather more cloistered than Trump’s.Promising “short chapters”, the publisher said Pence would walk readers “through the principles he and his wife, Karen, developed to raise their family”, while giving “credit to his parents for setting the precedent of gathering around the dinner table and for being attentive listeners”.Pence, Simon & Schuster said, will “discuss how he and Karen prioritised their relationship, even when they struggled professionally through two failed congressional races and personally with infertility.“He reveals how he learned to trust God, make difficult choices, and take leaps of faith, all with an eye to what his family needed.” More

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    The Shadow Docket review: how the US supreme court keeps sunlight out

    Only a quarter of Americans have confidence in the supreme court. As the country strives to navigate a post-Roe v Wade world, the right to abortion removed, regard for the right wing of the court is scarcer still. Justices Clarence Thomas, Brett Kavanaugh, Amy Coney Barrett and Samuel Alito have negative ratings with the public. Kavanaugh and Thomas are underwater by double-digits.Being perceived as a predator – Kavanaugh – engenders disdain or worse. Taking undisclosed gifts from a Republican mega-donor and being married to an election-denier who trades on her spouse’s judgeship – Thomas – triggers demands for renewed oversight.When Ginni Thomas visited the White House “you knew your day was wrecked”, said a senior Trump aide, according to the Daily Beast. This week came news that Clarence Thomas and Alito have not yet filed their financial disclosures and have received extensions. The circus rumbles on.Against such a backdrop, Stephen Vladeck, a professor at the University of Texas law school and CNN commentator, delivers The Shadow Docket.Under the subtitle “How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic”, Vladeck offers a well-researched indictment of how the supreme court has grown to rely on using procedural orders rather than rulings to make new law, escaping scrutiny while delivering major victories to the political right.The term “shadow docket” was coined in 2015, by William Baude, a University of Chicago law professor. In Vladeck’s words, it was “a catch-all for a body of the supreme court’s work that was, to that point, receiving virtually no academic or public attention”.Strictly speaking, the shadow docket is a vehicle for addressing issues that demand urgent attention, usually injunctions and orders to preserve the status quo. But it has morphed into a fraught topic. The court has adjudicated cases involving abortion, voting rights and Covid policy by means of the shadow docket. The docket also became the prime location for the elevation and reordering of religious rights, under the free exercise clause of the first amendment.Almost by definition, docket rulings are sparse. They are often unaccompanied by reasoning, Vladeck writes. “Invariably”, they lack “identification of how (or how many of) the justices voted and can be handed down at all times of day or, as has increasingly become the norm, in the middle of the night.”Vladeck knows his subject. In September 2021, he testified to the Senate judiciary committee about “Texas’s Unconstitutional Abortion Ban and the Role of the Shadow Docket”.He has also said: “What’s remarkable is that the court repeatedly acquiesced and acquiesced [to the right] … and almost always without any explanation.”On the page, he observes that few such Trumpian wins have resulted in actual binding precedents. Rather, shadow docket triumphs mainly satisfy political needs. Vladeck credits Noel Francisco, the solicitor general under Trump, and his deputy, for hatching the legal strategy that for example salvaged the Muslim travel ban and efforts to “build the wall” on the southern border without express congressional appropriation.SB-8, the Texas six-week abortion ban, provides a stark illustration of how the process continues to work. In September 2021, the supreme court did not formally opine on the constitutionality of the draconian Texas law. Instead, in an unsigned shadow docket order, a bare majority allowed the statute to slide into effect. It read:
    The application for injunctive relief or, in the alternative, to vacate stays of the district court proceedings presented to Justice Alito and by him referred to the court is denied.”
    The text made no mention of Roe, the 1973 ruling then in place, safeguarding federal abortion rights. But everyone could see what was coming.John Roberts, the chief justice, a George W Bush appointee, would have stopped the Texas law from going into effect, pending a decision on the merits. The statutory rubric was “unusual” and “unprecedented”, he wrote. “The legislature has imposed a prohibition on abortions after roughly six weeks, and then essentially delegated enforcement of that prohibition to the populace at large.”Months later, Roberts voted with the three liberals to save Roe. No matter. The court struck it down.Not everyone welcomes the attention Vladeck and others have brought to the use of the shadow docket. Alito publicly twitted the media for portraying it as something “sinister”, and depicting the court as “having been captured by a dangerous cabal that resorts to sneaky and improper methods to get its ways”.On the other hand, Thomas’s friendship with the mega-donor Harlan Crowe should surely give any observer clear reason to pause.Elsewhere, Coney Barrett has denied that the court engages in results-oriented decision-making, urging an audience at the Reagan Library in April 2022 to “read the opinion” instead.Vladeck is unswayed: “It’s essential context to point out that, just two days later, she joined a 5-4 shadow docket ruling with no opinion for the public to read. It’s all part of the story – or, at least, it should be.”“The rise of the shadow docket … has negative effects on public perception of the court – and of the perceived legitimacy of the justices’ work,” Vladeck writes.The legitimacy of the court erodes.The Shadow Docket is comprehensive and sensitive to nuance, written for concerned audiences. Members of Congress, the bar, the press and engaged non-lawyers come to mind. Vladeck covers more than two centuries of legal history, together with the transformation of the court into a visibly co-equal branch of government.On Thursday night, news broke of 37 federal criminal counts against Donald Trump. The next election is 17 months away. The legitimacy and resilience of all US institutions stands to be tested like never before.
    The Shadow Docket is published in the US by Hachette More

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    James Comey: ‘I’d like to take readers inside the White House’

    After a long career as a state attorney in New York, James Comey became director of the FBI in 2013. He was due to serve 10 years, but was dismissed by President Trump in 2017, having ordered an investigation into possible Russian interference in the 2016 presidential election. Comey has subsequently published two bestselling accounts of his time in office. His first novel, Central Park West, a crime thriller set in the New York district attorney’s office where Comey once worked, will be published this month.Have you always been a fan of crime fiction?I found it too hard when I was dealing with crime or terrorism in my day job to read about those things. The FBI job was really a 24-hour thing and I didn’t want to fill any spare moments reading fiction about my work.Do investigators and writers share an eye for detail?I think that good journalists and good lawyers think and communicate in stories. Even as a kid, I was always someone who would try to remember details so I could go home and tell my family the story at our dinner table.There must have been an element of nostalgia in locating this novel in the New York law courts where you once worked?I enjoyed travelling back in my mind to those places. I could picture myself in courtroom 318, where a lot of the action in the book takes place. But here’s the thing that made it both slightly strange and wonderful for me: when I was writing this, my oldest daughter was the chief of the violence and organised crime unit in Manhattan, and she was also literally standing in courtroom 318, prosecuting Ghislaine Maxwell, Jeffrey Epstein’s co-conspirator. That made it easy to make Nora, the protagonist in my book, a woman, and to picture her in those places.The book also draws on your experience of prosecuting New York crime families.My life changed when I watched the bail hearing for the mafia boss “Fat Tony” Salerno and his co-defendant Vincent “the fish” Cafaro [in 1989]. As I watched the young prosecutors in court, I was struck by how they stood up straight. They didn’t interrupt answers. When they didn’t know something, they said they didn’t know it. It was like being struck by proverbial lightning sitting there in that old federal courtroom. I always hated bullies. I’d been bullied as a kid. And I thought: here’s a way of [taking on] some of the biggest bullies in the world. I went home and called my girlfriend, now my wife, and said: I figured out what I want to do.You wrote in your memoir, A Higher Loyalty, of your immediate sense that President Trump shared characteristics with some of those mafia mob bosses you had prosecuted. In particular in the demand for loyalty above truth…Yes, I saw it so early that I resisted that sense to begin with. But something I was seeing was reminding me of scenes from my prosecutorial life. Those impressions can be misleading. But this one was dead on.The extraordinary thing was how quickly his extreme behaviour was normalised?I think it was. For the great bulk of people, there was an inability to get their mind around how bad this person is, because he was occupying an office that we endow with all kinds of dignity and importance. I remember cases I was involved with as a prosecutor, where fraud victims came to the fraudster’s sentencing to speak for him, because they simply could not acknowledge they had been defrauded. It was too painful. Supporters of Donald Trump, they see the images of January 6, which shout to them: “You fool! Look what you did!” Some people can face that. But most people turn from that pain and retreat deeper into the lie.Do you see yourself writing fiction about that period as well?I do. My wife is my ideas person. Her view is that it’s too close to write about now. I have in mind doing a trilogy [of novels] based in New York. And I’d like to write a trilogy based in Virginia, where I was a prosecutor for many years. And then I’d like to take readers inside the White House and the FBI and the justice department of the CIA. I’ve spent a lot of time in those places.You have insisted many times that you will never run for political office. Are there other ambitions still in public life, or is that chapter over?I would never, as you said, run for office. It’s just not something that suits me. And I think I’ve disqualified myself from other [legal] roles, because I intentionally became a political partisan after I got fired, because I thought the existential danger to democracy was so great from Donald Trump. So I’m going to try to write novels until I’m old and foolish, and also try to be, as some of my coffee mugs already claim, the world’s greatest grandfather.It sounds like your wife is the big reader of fiction in your household. But are there novels that have been guiding lights for you in taking on this new career?The first sustained reading of fiction I did, in thinking about this, was Le Carré. Partly because I knew he had struggled with the question: how do I write about my work? The criticism of his early books was that he hewed too closely to the truth of his job: desks and files and so on. At some point, his letters reveal, he realised he needed to get the Berlin Wall and some barbed wire in there. I’m no Le Carré, but I’ve tried to do something similar in Central Park West. I don’t think my friends [from the FBI] are going to find significant unrealistic details. But I’ve tried to see if I can keep it real and entertaining at the same time… More

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    The Supermajority review: How the supreme court trumped America

    Michael Waldman ran the speechwriting department in Bill Clinton’s White House. His new book about the conservative supermajority which dominates the supreme court is written with the verve of great campaign oratory.Waldman is also a learned lawyer, president of the Brennan Center for Justice at New York University School of Law, and a talented popular historian. His new book focuses on three horrendous decisions the court rendered at the end of its term one year ago, but it includes a brisk history the court of the last 200 years, from the disastrous lows of Dred Scott v Sandford (1857) and Plessy v Ferguson (1896) to the highs of Brown v Board of Education (1954) and Obergefell v Hodges (2015).But the longest analysis is devoted to those three days in June 2022 when the court “crammed decades of social change into three days”.Waldman writes: “It overturned Roe v Wade [on abortion] … putting at risk all other privacy rights. It radically loosened curbs on guns, amid an epidemic of mass shootings. And it hobbled the ability of government agencies to protect public health and safety and stop climate change.”These decisions were the work “of a little group of willful men and women, ripping up long-settled aspects of American life for no reason beyond the fact that they can”.Waldman describes how earlier extreme decisions of the court provoked gigantic national backlashes.The civil war started just four years after the court held in Dred Scott that African Americans could not sue in federal court because they could not be citizens of the United States.In May 1935, the “Black Monday decisions” obliterated key parts of Franklin Roosevelt’s New Deal, including striking down the National Recovery Administration. Those rulings led to Roosevelt’s unsuccessful plan to expand the size of the court, which in turn led the court to reverse its position on the New Deal, suddenly upholding Social Security and the National Labor Relations Act. Referring to the number of justices on the court, one newspaper humorist called it “the switch in time that saved nine”.Waldman describes the current make-up of the court as the ultimate outcome of the longest backlash of all – the one to the court led by Earl Warren, who crafted the unanimous opinion in Brown, outlawing segregation in public schools.Equally important were decisions requiring legislative districts to have equal populations. Before Reynolds v Sims in 1964, nearly 40% of the population of California lived in Los Angeles but the state constitution awarded that county just one of 40 state senators. Proclaiming the revolutionary doctrine of “one person, one vote”, the court said: “Legislators represent people, not trees or acres.” By 1968, 93 of 99 state legislatures had redrawn their districts to comply.But these vital building blocks of modern American democracy coincided with the dramatic social changes of the 1960s, including the fight for racial equality and the explosion of sexual freedom.“The backlash to the 1960s lasted much longer than the 1960s did,” Waldman observes. “Most of us have spent most of our lives living in it.”Richard Nixon’s 1968 campaign was the first to capitalize on this backlash. A young campaign aide, Kevin Phillips, explained the plan to the journalist Garry Wills: “The whole secret of politics” was “knowing who hates who”, a theory that reached its apotheosis 50 years later with the ascendance of Donald Trump.The problem for America was that most of the energy on the left dissipated after the election of Nixon. At the same time, the right began a decades-long battle to turn back the clock. For 50 years, the right has had overwhelming organizational energy: it built a huge infrastructure of think tanks and political action committees that culminated with the election of Trump and his appointment of the three justices who cemented the rightwing supermajority.Recent reports have highlighted the enormous amounts of money that have directly benefitted justices John Roberts and Clarence Thomas (never mind Thomas’s own gifts from Harlan Crow) through payments to their wives. Waldman reminds us how long this has been going on. Way back in 2012, Common Cause charged that Thomas failed to disclose nearly $700,000 from the Heritage Foundation to his wife, forcing him amend 20 years of filings.Waldman is particularly good at explaining how earlier rulings have accelerated the infusion of gigantic sums that have corrupted American politics. Most important of course was Citizens United v Federal Election Commission, in 2010, when five justices including Roberts “undid a century of campaign finance law”.Citizens United made it possible for corporations and unions to spend unlimited sums in federal elections as long as they plausibly pretended they were independent of the candidates they backed. As Waldman writes, quickly “that proved illusory, as presidential contenders … raised hundreds of millions of dollars for their campaigns, all of it supposedly independent”.This was the beginning of the Roberts majority’s use of the first amendment guarantee of free speech “to undermine democracy, a constitutional contradiction”. Two years after Citizens United, the court eliminated “a long-standing cap on the amount” individuals could give to federal candidates.These rulings “remade American politics”, Waldman writes. “In the new Gilded Age of fantastically concentrated wealth, billionaires again dominated the electoral system.”The shift was dramatic “and largely unremarked”. In 2010, billionaires spent about $31m in federal races. A decade later they spent $2.2bn. Last year, Peter Thiel provided nearly $30m in “independent funds” to support JD Vance in Ohio and Blake Masters in Arizona.Waldman concludes that the court has become a serious threat to American democracy. He suggests our only hope is that Democratic successes in last year’s midterms – many based on fury over the fall of Roe v Wade – mark the beginning of a backlash against the rightwing revolution the court now shamelessly promotes.
    The Supermajority: How the Supreme Court Divided America is published in the US by Simon & Schuster More

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    ‘It looked like Chauvin would get away with it’: Minnesota’s top attorney on how he won justice for George Floyd’s family

    When he recalls seeing Derek Chauvin in court for the first time, Keith Ellison references “the banality of evil”, a phrase coined by writer and philosopher Hannah Arendt when covering the trial of Adolf Eichmann, one of the architects of the Holocaust.“The point of the whole book is that Nazis were not these big, scary people that your imagination conjures,” Ellison, Minnesota’s top law enforcement official, says in a phone interview. “They’re ordinary, they’re plain, they’re very regular and they’re a lot less than you assume they would be and that’s how I felt about Derek Chauvin. He looked like a relatively small man – I bet he didn’t weigh 140lb. Here’s this guy who acted so monstrously: it’s just a man, not a very big one.”Chauvin, a white former police officer, was found guilty of murdering George Floyd, a 46-year-old African American man in Minneapolis, after kneeling on his neck for nine minutes. He was sentenced to 22 and a half years in prison and has appealed his conviction.The prosecution was directed by Ellison, who led every meeting, assigned duties to the team and sat in court every day scribbling observations in old notebooks from his 12-year spell in the House of Representatives (he was the first Muslim elected to Congress). When those were full, a friend at a law firm gave him more.The notes were invaluable to prosecutors as the trial unfolded and served as raw material for Ellison’s recently published book, Break the Wheel: Ending the Cycle of Police Violence, which offers a blow-by-blow account of the case and spotlights a culture in which the training manual often receives lip service and complaints about “bad cops” are too easily ignored. It asks what role prosecutors, defendants, heads of police unions, judges, activists, legislators, politicians and media figures can play in reforming a criminal justice system that fails people of color.The book begins on the day three years ago last week when Ellison, attorney general of Minnesota, was woken by his phone at 4.45am by an urgent message. He watched a mobile phone video that showed Floyd, trapped under Chauvin’s knee, shouting “Mamma! Mamma! I’m through!” and, repeatedly, “I can’t breathe!” Ellison could not believe how long the torment continued.The 59-year-old recalls: “Even though I have been working on police accountability and brutality issues for years, I was still shocked. I was still blown away by the inhumanity of what I saw.”The side of every police car in Minneapolis displays the words: “To protect with courage, to serve with compassion.” The first statement from the city police department about Floyd was entitled “Man Dies After Medical Incident During Police Interaction” and made no mention of officers restraining him on the ground with a knee on his neck.The state attorney general comments: “I did not expect to see basically a whitewashing of what happened to George Floyd. It said he died of a medical emergency – sounds like a heart attack or a stroke. It does not sound like positional asphyxia with a knee on the neck and so I found that dumbfounding as well.”With America already traumatised by the coronavirus pandemic and Donald Trump’s divisive presidency in the summer of 2020, the killing ignited protests against police brutality and racial injustice. Ellison had expected the conscience of Minneapolis to be shocked but was not prepared for the demonstrations that took hold everywhere from Bogotá to Lisbon.“In cities all over the world you saw an outrage. When I thought about it, I understood it because nowhere in the world do people tolerate arbitrary government force. They always protest it no matter what.”America began a racial reckoning but, Ellison notes, around the world the issue transcended race. “In America everything is racialised but it’s not racialised in every country in which people were shot. There were protests in Lagos – everybody is Black in Lagos. People still recognised government abuse of power and state-sponsored violence and they protested it.”Tim Walz, the governor of Minnesota, tapped Ellison, who had spent 16 years as a criminal defence lawyer but served less than two as attorney general, to lead the prosecution when the Chauvin case came to trial. Ellison accepted but, even with video evidence and witnesses, did not take the outcome for granted.A murder conviction of a police officer for an on-duty death is uncommon. The officers accused of beating Rodney King in Los Angeles in 1991 were acquitted, while Breonna Taylor, Mike Brown and Eric Garner’s cases never made it past the grand jury. “History was on Derek Chauvin’s side,” Ellison says. “It looked a lot more like Chauvin would get away with it than not.”The makeup of the jury was a key concern. “We grow up on TV shows like Dragnet or Hill Street Blues or Law and Order. We all are raised on a certain amount of media that reinforces this idea that you should trust the police.“And yet here on this video we see officers who don’t deserve to be trusted, don’t deserve to be believed, and so part of the job that we had assigned to us is to help people believe their eyes, trust their instincts, listen to their neighbors. The people who stopped on that street corner were as inclined to believe the police story as anyone but they couldn’t deny it because it was unfolding right in front of them. As we picked the jury, we wanted the jury to identify with that randomly selected group of people who assembled to object to the treatment that George Floyd was receiving.”Ellison succeeded in impaneling the most gender and racially diverse jury of his career. Fellow officers and even a police chief took the witness stand to testify against Chauvin, who did not testify on his own behalf.In April 2021, on the day of the verdict, several hundred people gathered outside the courthouse and 23 million people watched on live television. The jury found Chauvin guilty of second-degree murder, third-degree murder and second-degree manslaughter. Ellison felt a rush of relief but took no joy at the sight of a man whose life had changed forever.On the faces of the Floyd family he saw “validation” and “vindication”, he recalls. “More than anything else, their brother was treated like human trash and the verdict said, no, he’s a human being worthy of respect like anyone. To them, it was extremely emotional – tears – and then they were surprisingly calm. They’re a very dignified family, very dignified people. They were clearly relieved: they didn’t know what the jury was going to decide.”In November that year, however, Ellison suffered a defeat. The residents of Minneapolis voted on a ballot proposal that would in effect replace the police department with a public safety department putting an emphasis on public health. The attorney general endorsed the measure but more than 56% of people voted against it.skip past newsletter promotionafter newsletter promotionEllison explains: “Sadly, after the death of George Floyd, we experienced what you might describe as de-policing and a lot of officers quit and a lot of officers said we’re not going to engage criminal conduct.“Some of the folks who are inclined to commit crimes felt they had a freer hand and we saw crime statistics go up. Because of that, a lot of people were more concerned about their personal safety than they were about police accountability and that is one reason why the measure failed.”A second cause of rising crime, he argues, was a breakdown in trust between police and community. “People who commit crimes know this. They’re like, ‘Look, I know in this neighborhood people don’t call the police, therefore I’m freer to sell dope, carry guns, harm others, extort people.’ It is very important for the sake of public safety to hold police accountable on a consistent ongoing basis because, if you don’t, it will allow crime to thrive and grow, which is nobody’s benefit.”Centrist Democrats took the ballot result as a sign that the phrase “defund the police” had turned politically radioactive and become a gift to Republicans eager to portray them as soft on crime. Former president Barack Obama warned young progressives that it would turn off many voters.But Ellison, a former deputy chair of the Democratic National Committee, believes that “defund the police” has been unfairly weaponised by a Republican party that, given its unwillingness to address gun violence, has no credibility on public safety.He points out that police misconduct lawsuits in Minneapolis and elsewhere in recent years have cost taxpayers hundreds of millions of dollars – money that could have been spent on hospitals, parks, public transport or schools. “It’s going to compensate victims of police misconduct. What if we just stop the misconduct?”The failure of the ballot measure in Minnesota hinted at a broader loss of momentum after that seemingly revolutionary summer. The Black Lives Matter signs that adorned many front gardens gradually gave way to Ukrainian flags as new causes took hold. Congress failed to reach a bipartisan agreement on the George Floyd Justice in Policing Act. Police shot and killed at least 1,096 people – a record – last year, according to a count by the Washington Post.But Ellison sees a mixed picture. “What I can tell you is that on the local level a lot of good things have happened. You’ve seen legislation passed in the state of Minnesota. The city of Minneapolis has taken a number of measures to try to improve things. We’ve hired some police leaders who are reform-minded. But quite honestly, it has been an uneven progress. The federal government hasn’t really done anything, which is really disappointing.”The ambivalence was highlighted earlier this year when Tyre Nichols, a 29-year-old Black man, died after a traffic stop escalated into a beating by a group of Memphis police officers. The horrific killing reopened old wounds but Memphis police and county officials earned praise for a swift, unequivocal response. Five officers were fired and charged with second-degree murder. They pleaded not guilty.Ellison was impressed. “Quite honestly, I think that if George Floyd had not occurred, maybe we would still be stuck in this very ham-handed, fumbling-along approach, but the way that they did it signaled to the population that this was going to be handled in a proper way and it was going to be meaningful accountability.”Indeed, despite all he has seen of the worst in human nature, Ellison remains optimistic about the future. He reflects: “Look, it’s sad but it’s true: the people who killed George Floyd were a multiracial group. There was one Black officer, one Hmong officer and two white officers. But the people who stood up for George Floyd were a multiracial group too. There was a young white woman who was a firefighter, two young white teenagers, a 61-year-old African American man, a 17-year-old Black girl.“It was a mixed group and, if you look at the protests, they were multiracial. I’m not pessimistic. We can move forward but we’ve got to try to take stock of the lessons that are available to be learned and that’s why I wrote the book, because I want folks to really think about solving this problem.”
    Break the Wheel is published in the US by Twelve More