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      Biden pardons his son, Trump will absolve his criminal allies. America shouldn’t stand for this | Simon Jenkins

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      The hypocrisy is breathtaking. Yes, any father might do the same for a son. Yes, the boy is reformed, forgiven, on the mend. Only nasty people are out to jail him. Live and let live. Yet there is something monumental in the pardon granted by the outgoing US president, Joe Biden. Six months ago, he scored political points by denying he would pardon his son Hunter Biden. Now, with the election over, he has done so.The easy response is: what is new? President Gerald Ford pardoned his predecessor, Richard Nixon; Bill Clinton pardoned his half-brother and other figures whose families had donated to the Democrats; Donald Trump pardoned his son-in-law’s father and dodgy aides galore. No one doubts that, as president, Trump will pardon a number of outrageous figures – perhaps even the Capitol Hill rioters of 2021. We wait to see if this includes trying to pardon himself from various pending prosecutions (though he cannot extend these powers to cases brought at state level).Biden can plead a measure of justice in that Hunter Biden’s relatively minor convictions – for tax evasion and lying about his drug use when buying a gun – were frantically pursued by his political foes. But then there was a similar grain of politics in the equally frantic prosecution of Trump’s business misdeeds by the Democratic authorities in New York. The front page of the New York Times went tabloid and gleefully shrieked: “GUILTY”.Cynics – or as they might say, realists – will reassure themselves that all this will be soon forgotten, as it was in the past. Across the landscape of US crime and punishment – aspects of which still border on frontier anarchy – these are peccadilloes. More important issues beckon from a new Trump presidency.But justice is a universal liberty, one that the US purports to champion around the world. That a nation’s executive claims the right – even constitutionally – to override justice must be wrong. The US constitution is built on explicit rights and freedoms, protected by a separation of powers. The ostensive purpose of article two, section two was to strengthen the president in handling the union’s army and state militias. It was not to condone crime. It has been grossly abused. During the election, the Democrats presented themselves as the guardians of morality, with Biden praising Kamala Harris for having the “moral compass of a saint”. In reneging on his promise, Biden has undermined this.The US constitution is a thing of wonder. It has held the union together – sometimes only just – for two and a half centuries, while global nations and empires have been upheaved and disintegrated. Its survival is rooted in two underlying principles. The first is respect for the rights of often very different states to order their local laws, such as on abortion and gun control. The second is a balanced separation of federal powers between the judiciary, executive and legislature. This separation, in what is today a deeply polarised American society, clearly needs strengthening.But how? The constitution’s final task was to make its own reform near impossible. Sometimes, just sometimes, such reforms have been achieved. Presidential pardon looks like a case for change.

      Simon Jenkins is a Guardian columnist

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      Judge slaps down Florida effort to ban abortion ad: ‘It’s the first amendment, stupid’

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      Florida’s health department can’t block a TV advertisement in support of a ballot measure that would protect abortion rights, a federal judge ruled on Thursday, after the department sent letters to local TV stations commanding them to stop airing the ad or risk criminal consequences.“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false’,” US district judge Mark E Walker wrote in his ruling. “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”Florida is one of 10 states set to vote on abortion-related ballot measures in November. If enacted, Florida’s measure would enshrine abortion rights into the state constitution and roll back the state’s six-week ban on the procedure, which took effect in May.Earlier this month, Florida’s health department sent cease-and-desist letters to TV stations running an ad by Floridians Protecting Freedom, the campaign behind the measure. In the ad, a woman named Caroline speaks about being diagnosed with cancer while pregnant.“The doctors knew if I did not end my pregnancy, I would lose my baby, I would lose my life and my daughter would lose her mom,” Caroline says in the ad. “Florida has now banned abortion even in cases like mine.”The letters said the claim that women can’t get life-saving abortions in Florida was “categorically false”, since Florida’s ban permits abortions in medical emergencies. “The fact is these ads are unequivocally false and detrimental to public health in Florida,” Jae Williams, the Florida department of health communications director, said in an email late on Thursday.However, doctors across the country have said abortion bans are worded so vaguely as to force them to deny people medically necessary abortions. A New York doctor recently said that she had treated a woman with an ectopic pregnancy – which is nonviable and potentially life-threatening if left untreated – who had been turned away from a Florida hospital.In response to the letters, Floridians Protecting Freedom sued the Florida surgeon general, Joseph Ladapo, and John Wilson, the former general counsel for the state health department. At least one TV station stopped airing the ad, the coalition’s lawsuit alleged.On Thursday, Walker granted a temporary restraining order blocking Ladapo from taking any further action against broadcasters or other media outlets that might air ads by Floridians Protecting Freedom.skip past newsletter promotionafter newsletter promotion“Of course, the surgeon general of Florida has the right to advocate for his own position on a ballot measure,” Walker wrote. “But it would subvert the rule of law to permit the state to transform its own advocacy into the direct suppression of protected political speech.”Over the last several weeks, Florida’s government, run by Ron DeSantis, the Republican governor, has sent law enforcement officials to investigate people who signed a petition to get the measure on the ballot, set up a webpage urging people not to vote for it, and issued a report suggesting the measure got on the ballot due to “a large number of forged signatures or fraudulent petitions”. Floridians Protecting Freedom has denied wrongdoing.Anti-abortion activists have since filed a lawsuit to remove the measure from the ballot or nullify votes cast for it. More

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      Special counsel pushes to use Pence against Trump in 2020 election case

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      Special counsel prosecutors intend to make Donald Trump’s vice-president Mike Pence and his efforts to recruit fake electors the centerpiece of his criminal prosecution against the former president, according to a sprawling legal brief that was partly unsealed on Wednesday.The redacted brief, made public by the presiding US district judge Tanya Chutkan, shows prosecutors are relying extensively on Trump’s pressure campaign against Pence to support the charge that Trump conspired to obstruct the January 6 certification of the election results.And prosecutors used an equally voluminous portion of the 165-page brief to express their intent to use evidence of Trump trying to get officials in seven key swing states to reverse his defeat to support the charges that he conspired to disenfranchise American voters.The brief’s principal mission was to convince Chutkan to allow the allegations and evidence buttressing the superseding indictment against Trump to proceed to trial, arguing that it complied with the US supreme court’s recent ruling that gave former presidents immunity for official acts.As part of the ruling, the court ordered Chutkan to sort through the indictment and decide which of the allegations against Trump should be tossed because of the immunity rules and which could proceed to trial.The brief was the first round of that process that could take months to resolve and involve hearings to decide what allegations should be kept. Chutkan has the power to decide how much of the indictment can be kept and what evidence can be presented by prosecutors as she makes her decision.According to the redacted brief, prosecutors want to use Trump’s conversations with Pence in the lead-up to the January 6 Capitol attack, interactions between Trump and Pence and other private actors, as well as interactions between White House aides and private actors.The bottom line from prosecutors was that each of the episodes reflected Trump acting not as president but as a candidate for office, which meant the default presumption that conversations between Trump and Pence were official could be rebutted.For instance, prosecutors argued that evidence of Trump using personal lawyers Rudy Giuliani or John Eastman to pressure Pence should be permitted, since using private actors to commit a crime would not be an official act of the presidency or infringe on the functioning of the executive branch.At the White House on 4 January 2021, prosecutors wrote, Trump deliberately excluded his White House counsel from attending a meeting with Pence – meaning the only attorney in the room was Eastman.“It is hard to imagine stronger evidence that the conduct is private than when the president excludes his White House counsel and only wishes to have his private counsel present,” the brief said.View image in fullscreenAnd on a 5 January 2021 phone call, prosecutors wrote, Trump and Eastman were the only ones on the line to make a final effort to pressure Pence to drop his objections and agree not to count slates of electors for Joe Biden when he presided over the congressional certification the next day.“For the defendant’s decision to include private actors in the conversation with Pence about his role at the certification makes even more clear that there is no danger to the executive branch’s functions and authority, because it had no bearing on any executive branch authority,” it said.Prosecutors added that the conversations between Trump and Pence that they wanted to present at trial should be allowed because there was nothing official about them discussing electoral prospects as candidates for office.Referencing previously undisclosed evidence, prosecutors showed that Pence at various points suggested that “the process was over” and that Trump consider running again in 2024 – key evidence that Trump was on notice from his own running mate that he had lost the election.And prosecutors reiterated that charging the most damning evidence that Trump’s lawyers knew they were violating the law – emails where Eastman asked Pence’s counsel Greg Jacob to consider one more “minor violation” of the Electoral Count Act – did not impact the functioning of the executive branch.The expansive brief also included prosecutors asking to take to trial evidence of Trump’s effort to pressure state officials to reverse the results and his effort to then rely on fake slates of electors.The response from Trump’s lawyers is almost certain to be that Trump was calling state officials because he was executing the clause in the US constitution that the president has a duty to ensure the general election was run without interference or fraud.But prosecutors included a pre-emptive rebuttal: “Although countless federal, state, and local races also were on the same ballots … the defendant focused only on his own race, the election for president, and only on allegations favoring him as a candidate in targeted states he had lost.” More

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      Newsmax and Smartmatic settle 2020 US election defamation lawsuit

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      The voting machine company Smartmatic and the conservative outlet Newsmax have settled a closely watched defamation lawsuit days before it was set to go to trial in Delaware.A spokesman for the Delaware courts said the case had been settled on Thursday. He did not offer additional details. The trial was set to begin in Wilmington on Monday.The terms of the settlement are not public.“Newsmax is pleased to announce it has resolved the litigation brought by Smartmatic through a confidential settlement,” Bill Daddi, a spokesman for the network, said in a statement.After the 2020 election, Newsmax aired several false claims about the company, whose voting machines were only used in Los Angeles county in 2020. The network repeatedly aired false claims from Trump allies that the software was widely used across the country and that it had been hacked to change votes.Smartmatic sued Newsmax, Fox, One America News Network (OANN) and others for broadcasting their false claims. It settled the case with OANN earlier this year and the Fox case is still pending in New York.Smartmatic said in a statement: “We are very pleased to have secured the completion of the case against Newsmax. We are now looking forward to our court day against Fox Corp and Fox News for their disinformation campaign. Lying to the American people has consequences. Smartmatic will not stop until the perpetrators are held accountable.”First amendment scholars were closely watching the case and several others like it to see whether libel law can be used as an effective tool to police misinformation.The case was set to be a kind of sequel to the defamation litigation between Dominion, another voting machine company, and Fox over 2020 election lies. That case was settled just before the trial was set to begin, with Fox agreeing to pay Dominion $787.5m. Eric Davis, the judge who oversaw the Fox case, was also overseeing the Newsmax case.A settlement was not surprising in the case as trial neared. Davis ruled that Smartmatic could not seek punitive damages, a decision that significantly limited any possible financial payout for Smartmatic.Davis had also ruled that Newsmax could use the “neutral report privilege” as a defense in the case – a legal shield that allows media outlets to broadcast allegations if they are reporting on a newsworthy event and do so in a disinterested and neutral way. Davis had not let Fox used that defense in its litigation.Smartmatic executives were indicted by the justice department earlier this year on bribery charges in the Philippines. Even though the charges were completely unrelated to the 2020 election, it offered an opportunity for Newsmax lawyers to argue that the company’s poor reputation could not be attributed to what was said on its air.But Newsmax also had reasons to settle. In a pre-trial conference, a lawyer for the company had called it a “bet-your-company” case for the outlet. Newsmax, which is projecting $180.5m in revenue this year, saw a surge in audience under the Trump administration and a bump that caught Fox’s attention after the 2020 election as it broadcast false claims about voting.“The Newsmax surge is a bit troubling – truly is an alternative universe when you watch, but it can’t be ignored,” Jay Wallace, a Fox executive, wrote in an email to a colleague after the 2020 election.Unlike in the Fox and Dominion litigation, only a few details emerged in the case revealing internal discussions at Newsmax as they broadcast false claims about the election. One of the messages was an internal letter from Christopher Ruddy, the network’s CEO from November 2020, conceding the network did not have evidence of voter fraud.“Newsmax does not have evidence of widespread voter fraud. We have no evidence of a voter fraud conspiracy nor do we make such claims on Newsmax,” he wrote on 12 November 2020. “We have reported on significant evidence of widespread election irregularities and vote fraud. We will continue to report on that. We believe we should not censor allegations made by the President or his lawyers or surrogates. Our job is not to filter the news but report information and allow Americans to decide.”Another exchange included Bob Sellers, a Newsmax host, and a producer, wondering how long they would have to air false claims about the election. “How long are we going to have to play along with election fraud?” Sellers wrote on 9 November 2020. “Trump’s MO is always to play victim [] And answer this question. Is there anything at all that could result in another election? The answer is no. and are there enough votes that could be switched or thrown out from fraud or irregularities? No.”The lack of a trial may rob the public of the chance to hear about the state of mind of people who were behind broadcasting election lies, said RonNell Andersen Jones, a first amendment scholar at the University of Utah who has closely followed the defamation cases filed by those harmed by 2020 election lies.Still, she noted that Davis had already ruled that the statements at issue in the case were false, and cautioned against expecting defamation cases to be a cure for misinformation.“Defamation law can declare something a lie, but the question of whether a lie was told is only one of many questions that have to be asked and answered,” she said in an interview earlier this week. “It is a notoriously complex area of law, which means cases can be won or lost on a lot of grounds that have nothing to do with the truth or falsity of the statement. And I am not sure that translates well to public discussion.”Lyrissa Lidsky, a media law professor at the University of Florida, also cautioned against expecting libel law to be a cure-all for disinformation.“Defamation law is not a panacea for election misinformation. There’s just no two ways about it,” she said. “It’s just a small piece.” More

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      Rudy Giuliani disbarred in Washington DC over role in Trump election plot

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      Rudy Giuliani, the former New York mayor who built a career as an uncompromising crime-fighter, has been permanently disbarred from practising law in Washington DC in a ruling stemming from his role in trying to overturn the 2020 presidential election in Donald Trump’s favour.The decision came in the form of a one-page order issued by the US capital’s court of appeal and followed a similar order issued in July in New York, Giuliani’s home state.Unlike that ruling, the decision in Washington was not directly related to his actions in Trump’s election-denying effort but was instead based on his failure to respond to a request that he explain why he should not be subject to the same penalty as meted out in New York.“ORDERED that Rudolph W Giuliani is hereby disbarred from the practice of law in the District of Columbia, nunc pro tunc [a Latin term used in legal parlance to mean retroactive] to August 9, 2021,” Thursday’s appeal court order said.In 2021, the appeals court had suspended Giuliani’s law licence in Washington after being notified of a similar decision in New York.The DC bar’s board of responsibility recommended in 2022 that Giuliani’s law licence be indefinitely revoked after its investigators found him guilty of unethical conduct over inaccurate and unsupported claims he made in testimony to a federal court in Pennsylvania while disputing the 2020 election results.The DC court of appeals order did not hinge on those findings. By contrast, the New York appeals court made similar judgments in issuing its ruling, asserting that Giuliani “repeatedly and intentionally made false statements, some of which were perjurious, to the federal court, state lawmakers, the public … and this Court concerning the 2020 Presidential election”.Ted Goodman, a spokesman for Giuliani called the order “an absolute travesty and a total miscarriage of justice”.“Members of the legal community who want to protect the integrity of our justice system should immediately speak out against this partisan, politically motivated decision,” he said.The order is the latest blow to the standing of a man who was dubbed “America’s mayor” for the leadership role he played in the aftermath of the 9/11 attacks in New York in 2001, which happened when he was the city’s mayor.Last year, two election workers in Georgia won $148m in damages after he defamed them by accusing them of fraud. A week later he filed for bankruptcy. More

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      Erwin Chemerinsky on the need for a new US constitution: ‘Our democracy is at grave risk’

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      Among progressive scholars of the US constitution, Erwin Chemerinsky, dean of Berkeley Law, is widely considered pre-eminent. Now 71, he studied at Northwestern and Harvard and has also taught at DePaul, USC, Duke and UC Irvine. He has argued several cases at the US supreme court and written extensively about it.His last book, Worse Than Nothing, was a broadside against originalism, the doctrine touted by rightwing justices as they take an axe to hard-won rights. In his new book, Chemerinsky goes to the root of the problem with a still starker title: No Democracy Lasts Forever: How the Constitution Threatens the United States.Less than a hundred days from a presidential election which could see the return of Donald Trump, a candidate widely held to threaten cherished freedoms, Chemerinsky says: “I see an American government that is increasingly dysfunctional and that has lost the confidence of the people, in a society that is increasingly politically polarised. I worry greatly for the future of American democracy.View image in fullscreen“I wrote the book to explain how much of the problem stems from the constitution and suggest how it can be fixed.”In conversation, Chemerinsky patiently outlines the problem. It boils down to this: the US constitution is not fit for purpose.It was created in 1787 by a small group of white men who hashed out a deal in their own interests, chief among them protecting smaller states and owners of enslaved people. Those framers made foundation stones of economic and racial inequality and also erected enduring barriers to political equality including an electoral college that makes minority victory possible in presidential elections and two senators for each state regardless of population.The constitution has been changed, significantly in 1791, with the 10 amendments of the Bill of Rights, and between 1865 and 1870, after the civil war, with amendments to abolish slavery, expand the citizenry and give Black men the vote. There have been other major changes, not least the 19th amendment, which gave women the vote in 1920. A century later, though, change seems harder than ever.Consider the plight of the Equal Rights Amendment, which simply says “equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex” and which, as Chemerinsky describes it, “was passed overwhelmingly by Congress in 1972” as “a simple and un-objectionable statement”, but “even though 38 states at some point ratified it … is still not part of the constitution”.The ERA is stymied by pure politics. Pure politics – as practised by Republicans who benefit most from the enshrinement of minority control, as found in the stubborn persistence of Senate rules such as the filibuster that exist to block change – is of course eternal. And so as another election year grinds on, Democrats hoping to fend off Trump, Republicans seeking to tighten their grip on the levers of power, there the constitution sits, physically in the National Archives in Washington, theoretically near-impossible to change.Chemerinsky offers pointers to how change might be achieved – mostly by Democrats winning majorities in statehouses and Congress and working to sway public opinion towards the need for radical change, via a new constitutional convention. But he concludes with striking pessimism.“Our government is broken and our democracy is at grave risk, but I don’t see any easy solutions,” he writes. “A book that describes problems ideally should offer realistic fixes, but none are apparent … I desperately want to be wrong, either about my premise (that American democracy faces a serious crisis), or my conclusion (that fixing the problems will be hugely difficult or even impossible).”In conversation, Chemerinsky strikes a more hopeful note.“The constitution is revered,” he says, referring not just to the document itself but to rhetoric, teaching and even popular entertainment that has made demigods of Alexander Hamilton, James Madison and other framers. “That reverence has a cost in that it has kept us from focusing on its flaws and how much they contribute to our crisis of democracy.“I have argued that there should be a progressive interpretation of the constitution. But I also think it is time to begin considering a new constitution. I think people could ratify a new constitution even though this mechanism is not provided for in the constitution.”In short, as in most aspects of politics, it’s all a matter of will.On the page, Chemerinsky also devotes space to the question of free speech, a right guaranteed by the first amendment but forever contested. Among progressives, such contests now rage regarding protests against US support for Israel in its war in Gaza. Last April, that debate burst into Chemerinsky’s backyard – literally. A traditional dinner for students, given with his wife, the law professor Catherine Fisk, was interrupted by protesters.As Chemerinsky wrote, for the Atlantic, he was “stunned to see the leader of Law Students for Justice in Palestine … stand up with a microphone that she had brought … and begin reading a speech about the plight of the Palestinians”.Chemerinsky and Fisk “immediately approached her and asked her to stop speaking and leave the premises. The protester continued. At one point, [Fisk] attempted to take away her microphone. Repeatedly, we said to her: ‘You are a guest in our home. Please leave.’“The student insisted that she had free-speech rights. But our home is not a forum for free speech; it is our own property, and the first amendment – which constrains the government’s power to encroach on speech on public property – does not apply at all to guests in private backyards.”It was one dramatic and traumatic event in an episode that has turned the left against itself. Understandably, Chemerinsky is guarded about what happened in his backyard in April and its implications. But he is happy to explain his approach to free speech issues.“Absolutism rarely makes sense,” he says. “Free speech cannot be absolute. Perjury is speech, but it can be punished. An employer who says to an employee, ‘Sleep with me or you’re fired,’ is engaged in speech, but can be held liable. No one suggests gun rights can be absolute. No one believes that there is a right to have guns in courthouses or airports.”No one in normal society, perhaps. In the age of Trump, extreme beliefs surge.Chemerinsky also grapples with the specter of secession, amid increasing debate over the idea that in an age of deep division, states either right or left, red or blue, might decide to start out anew, perhaps prompting a new civil war.To Chemerinsky, secession by progressive states is just as possible as a rightwing move to secede, particularly if Trump wins the White House and Republicans take full control of Congress.“I do not think secession is likely,” he says, “and I certainly don’t think it is desirable. But I think it is a possible path we could be discussing more in the years ahead if there are not changes.”

      No Democracy Lasts Forever is published in the US by Liveright More

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      Supreme court immunity ruling to cause new delay in Trump 2020 election case

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      Donald Trump’s criminal prosecution over his efforts to overturn the 2020 election is expected to be delayed by another month after special counsel prosecutors said they had not finished assessing how the US supreme court’s immunity decision would narrow their case.On Thursday, the prosecutors on special counsel Jack Smith’s team told Tanya Chutkan, the US district judge presiding over the case, that they needed her to delay until 30 August a deadline to submit a possible schedule for how to proceed with a complicated fact-finding mission ordered by the court.“The Government continues to assess the new precedent set forth last month in the Supreme Court’s decision in Trump v United States, including through consultation with other Department of Justice components,” prosecutors wrote in a two-page court filing.“The Government has not finalized its position on the most appropriate schedule for the parties to brief issues related to the decision. The Government therefore respectfully requests additional time to provide the Court with an informed proposal.”The supreme court ruled last month that former presidents are entitled to some degree of immunity from criminal prosecution, marking a victory for Trump.Precisely what prosecutors are now stuck on remains unclear, although the ruling struck some of the charges against Trump and is expected to see Chutkan needing to pare back the indictment further.Trump is accused of overseeing a sprawling effort to subvert the results of the 2020 presidential election, including two counts of conspiring to obstruct the certification of the election results, conspiring to defraud the government, and conspiring to disenfranchise voters.The alleged illegal conduct includes Trump pressing justice department officials to open sham investigations, Trump obstructing Congress from certifying the election, including by trying to co-opt his vice-president, Trump helping prompt the Capitol attack, and Trump’s plot to recruit fake electors.View image in fullscreenThe supreme court decided that criminal accountability for presidents has three categories: core presidential functions that carry absolute immunity, official acts of the presidency that carry presumptive immunity, and unofficial acts that carry no immunity.The ruling meant that the charges related to core executive functions will be thrown out, and for Chutkan to determine through a fact-finding exercise if any other charges that might come under official acts must be expunged.Whether Chutkan will do the fact-finding on legal arguments or legal briefs, or will consider evidence perhaps given by witnesses, was supposed to become clearer after Trump and the special counsel jointly submitted the now-delayed scheduling brief.skip past newsletter promotionafter newsletter promotionTrump’s lawyers are expected to ask for few or no witnesses, the Guardian has previously reported. And in a statement on Truth Social, Trump called anew for the case to be tossed: “It is clear that the supreme court’s historic decision on immunity demands and requires a complete and total dismissal.”The deadline for the scheduling brief was the first activity in the case since December, when it was frozen after Trump asked the US court of appeals for the DC circuit and then the supreme court to consider his argument that he had absolute immunity from criminal prosecution.The supreme court issued its immunity ruling on 1 July, but the case only returned to Chutkan’s jurisdiction last week because of the court’s 25-day waiting period for any rehearing requests, and an additional week for the judgment to be formally sent down to the trial judge.Trump has already been enormously successful in delaying his criminal cases, a strategy he adopted in the hope that winning the 2024 election would enable him to appoint a loyalist as attorney general who he could direct to drop the charges.It is all but impossible now for the special counsel to bring the case to trial before election day, given Trump can make interim appeals for any decisions that Chutkan makes about the impact of the immunity decision. More

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      A genocidal war criminal will address Congress. As a congressman, I’m outraged | Jamaal Bowman

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      The United States and our federal government love to portray ourselves as leaders in peace, diplomacy and human rights. In the eyes of the world, we want to be seen as collaborators and coalition-builders, working together to solve problems around the world.The reality in the halls of power is very different.On Wednesday, Benjamin Netanyahu will come to the People’s House to give a joint address before members of Congress, one of the highest honors afforded to foreign leaders. The Israeli prime minister was invited in the midst of what the international court of justice has determined to be a plausible genocide by the Israeli government.We are at a pivotal moment in our democracy and our society where we have to ask ourselves: how do we want to be represented on the global stage? What do we stand for as a nation if we are inviting an accused war criminal to address a joint session of Congress as he inflicts collective punishment on hundreds of thousands of Palestinian civilians, mostly women and children? Platforming a war criminal should not be our answer.Last month, I had the opportunity to meet with Sara, a 17-year-old girl from Gaza whose home was bombed by Israeli forces. Her two brothers, Ahmad and Mohamed, were killed, and she suffered deep burns across her entire body. She was unable to leave her house to seek medical treatment for a month because Israeli forces surrounded her home. Luckily, she was able to come to the United States to seek treatment but she is still afraid for the safety of the family she left behind.I have also met with families of Israeli hostages who are worried for the safety of their family members as Netanyahu continues to inflict collective punishment. They are terrified that their loved ones will be killed by Israeli military campaigns like others have.I am disgusted that we are allowing the man who is responsible for ripping families apart and killing Israeli and Palestinian civilians to be given a platform before Congress to try and win support and funding for his indiscriminate bombing campaign.Netanyahu’s record of fascist and genocidal behavior is not new. His initial work to prop up Hamas is responsible for widespread destabilization in Palestine. He has presided over the detainment of Palestinians without due process, the illegal expansion of settlements in the West Bank, and the practice of “mowing the lawn”, indiscriminately murdering dozens of Palestinians in horrifying military onslaughts. He has also worked to dismantle the national judiciary so he cannot be held accountable and aligned himself with far-right actors such as Itamar Ben-Gvir who have called for mass displacement of Palestinians.In Israel, thousands of people are protesting against Netanyahu’s handling of the war, which is further putting hostages held in Gaza at risk. They are calling for a ceasefire and negotiations between Israel and Hamas to protect the safety of innocent civilians in Israel and Gaza. On Tuesday, thousands of people will protest outside the Capitol, calling for an immediate and lasting ceasefire and release of the hostages. The majority of American people and people around the world support this.There is a moral outrage in the American conscience that is not being fully expressed in Congress. Netanyahu’s presence and his joint address are directly undermining the will of the overwhelming majority of Americans who want peace. Instead of joining this collective push, most members of Congress are more focused on institutional norms and their neoliberal approach to foreign policy.Our system is broken if our leaders choose to ignore the will of the people. We should all be outraged about the murder of children, whether at home or abroad. We should all be yelling in the halls of Congress until our leaders have no choice but to listen.We need a permanent ceasefire and release of the hostages. We need a world where people understand that criticism of a state or a leader does not make you antisemitic. We need a paradigm shift on how we approach the issue of Israel and Palestine. It’s time to re-evaluate where we stand as a democracy and a society and re-examine our alignment and support for Netanyahu and his genocidal government because it is outrageous. For hundreds of thousands of innocent civilians, and for our democracy as a whole, the future depends on it.

      Jamaal Bowman is the United States representative for New York’s 16th congressional district since 2021 More