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    Will Trump put a Fox News host on the US supreme court? Mark Tushnet can’t rule it out

    Should Donald Trump get the chance to nominate a new justice to the supreme court, to join the three rightwingers he installed in his first term, he might pick “the equivalent of Pete Hegseth”, Mark Tushnet said, referring to the Fox News host who is now US secretary of defense.“Trump as a person has his idiosyncrasies, I’ll put it that way,” Tushnet said, from Harvard, where he is William Nelson Cromwell professor of law, emeritus. “And … I have thought about potential Trump nominees, and actually, what comes to mind is the equivalent of Pete Hegseth: a Fox News legal commentator.”Justice Jeanine Pirro? It’s a thought. Perhaps future historians will debate “The Box of Wine that Saved Nine”. Perhaps not.“I wouldn’t rule it out,” Tushnet said, of his Fox News theory, if not of Pirro, per se. “I don’t think it’s highly likely, but given the way those things work, and given the idea that you want people who aren’t simply judges, it’s not a lunatic thought, I guess.”The reference to “people who aren’t simply judges” is to arguments laid out in Tushnet’s new book, Who Am I to Judge?, in which he makes his case against the prevalence of judicial theories, particularly originalism, to which conservatives adhere, and calls for a rethink of how justices are selected.Tushnet is a liberal voice. Provocatively, he writes that Amy Coney Barrett, the third Trump justice who in 2022 helped remove the federal right to abortion, at least has a hinterland different from most court picks, as a member of People of Praise, a hardline Catholic sect.“I think her involvement in that group has exposed her to a much wider range of human experience than John Roberts’s background, for example,” Tushnet said, referring to the chief justice who was a Reagan White House aide and a federal judge. “And so if you’re looking for people who have been exposed to human experience across the board, I think she’s a reasonable candidate for that.”View image in fullscreenConey Barrett cemented the 6-3 rightwing majority that has given Trump wins including rejecting attempts to exclude him from the ballot for inciting an insurrection and ruling that presidents have some legal immunity. Now, as Trump appears to imagine himself a king and oversees an authoritarian assault on the federal government, reading Tushnet and talking to him generates a sort of grim humor.Looking ahead, to when Trump’s executive orders might land before the justices, Tushnet suggests “the court will put … speed bumps in the way of the administration. They won’t say: ‘Absolutely you can’t do it,’ except the birthright citizenship order.”That order, signed on Trump’s first day back in power, seeks to end the right to citizenship for all children born on American soil and subject to US jurisdiction, as guaranteed under the 14th amendment since 1868.On 23 January, a federal judge said Trump’s order was so “blatantly unconstitutional” that it “boggled” his mind. Should it reach the supreme court, Tushnet can see the rightwing justices “saying: ‘Look, yeah, if you want to do this, we’re not saying you can, but if you want to do it, you got to get Congress to go along. You can’t just do it on your own.’ So that would be a speed bump.”That said, Tushnet sometimes thinks “about how in the US, there are these traffic-calming measures that are literally speed bumps but sometimes, if you go over too fast, you fly”. Trump, he said, has licensed rightwing justices to take decisions that “may not count as speed bumps if you fly off them”.Tushnet was happy to answer a question he thinks all supreme court nominees should be asked: what’s your favorite book and favorite movie?Tushnet’s favorites are Middlemarch by George Eliot and Heaven, a 2002 film directed by Tom Tykwer from a script co-written by Krzysztof Kieślowski. He wrote his book containing such questions, he said, “because I had this longstanding sense that the [supreme court] nomination process has gotten off the rails, mostly by focusing exclusively on judges as potential nominees, and secondarily by focusing on constitutional theory.“For the past 20 years, the court … has been dominated by people whose background was as judges or appellate advocates, and historically that was quite unusual. There are always some judges but there always had been people with much broader kinds of experience, including a former president, William H Taft [chief justice between 1921 and 1930], and several candidates for the presidency, including Charles Evans Hughes [1916], Earl Warren [a vice-presidential pick in 1948], senators like Hugo Black. And those people had disappeared from consideration for the court, and that seemed to be a bad idea.”Tushnet describes a “political reconstitution of the nomination process provoked in large measure by the Republican reaction to the Warren court”, which sat from 1953 to 1969, the era of great civil rights reforms.“I think their view was the Warren court was not composed of judges, they were politicians, some called them ‘politicians in robes’, and Republicans sort of thought the way to get away from the substantive jurisprudence of the Warren court was to put judges on the court, rather than people with what I call broad experience,” Tushnet said.One justice on the current court was not previously a judge: Elena Kagan, one of the three besieged liberals, was dean of Harvard Law School, then solicitor general under Barack Obama.Tushnet “went into the project thinking that I would find more great justices who had been a politician than I actually did. When I was teaching, I would do this thing about who the justices were who decided Brown v Board of Education”, the 1954 ruling that ended segregation in public schools, “and I think it’s fair to say that not one of them’s primary prior experience was as a judge, and like seven or eight of their prior primary experiences were as a politician. And if Brown v Board is the premier achievement of the supreme court, the fact that it was decided by a court primarily made up of politicians counts in favor of thinking about politicians when appointing to the court.”“Why not do it? For me, the main feature of having been a politician is not that you’ve taken stances aligned with one or another political party at the time, but that you’ve provided reasons in many different ways, you’ve grown up amongst people with a wide range of life experiences that you’ve had to think about, as a politician, in order to get their votes, in order to get your way,” he said.Tushnet’s ideal might be Charles Evans Hughes, an associate justice from 1910 to 1916 and chief justice between 1930 and 1941, but also governor of New York, Republican candidate for president and US secretary of state.On the page, Tushnet imagines asking Hughes a question – “What constitutional theories do you use?” – and getting an appealing answer: “I try to interpret the constitution to make it a suitable instrument for governance in today’s United States.”Tushnet says modern judges and justices should say the same, rather than reach for judicial theories. His new book is in part an answer to a demolition of originalism by Erwin Chemerinsky, dean of UC Berkeley law school: “I distinguish, I think, more clearly than other people have, including Erwin, between what I call academic originalism and judicial originalism.”Either form of originalism concerns working out what the founders meant when they wrote the constitution, then advocating its application to modern-day questions. Tushnet “think[s] a good chunk of academic originalism is not subject to many of the criticisms that Erwin levels. It’s not perfect but it’s an academic enterprise, and people work out difficulties, and there’s controversy within the camp and so on.View image in fullscreen“Judicial originalism is different because it has a couple of components. One is, we now know it’s quite selective. To get originalism into the TikTok decision, for example, you have to do an enormous amount of work. It’s not impossible, but it’s not an originalist opinion, fundamentally. So [justices are] selectively originalist, or, as my phrase is, opportunistically originalist. They use it when the sources that they’re presented with support conclusions they would want to reach anyway, and the adversary process at the supreme court isn’t a very good way of finding out what they say they’re trying to find out. And so as a judicial enterprise, originalism just doesn’t do what it purports to do.”To Tushnet, the late Antonin Scalia, an arch-conservative and originalist, is “the leading candidate to be placed on a list of great justices” of the past 50 years, “because of his influence and his contributions to the court.“But one bad contribution was his widely admired writing style. Now, writing styles change over time. And having read an enormous number of opinions of the 1930s, I know there’s an improvement in readability since the 1930s. But the idea that [opinions] become more readable, accessible and memorable by including Scalia-like zingers, short phrases that are quotable and memorable, seems to be just a mistake. But he’s very influential, and so people try to emulate him … Justice Kagan does it in a gentler way. I guess my inclination would be to say: ‘If you’re going to do it, do it the way Justice Kagan does, rather than the way Justice Scalia did.’”Tushnet agrees that some of Scalia’s pugilistic spirit seems to have passed into Samuel Alito, the arch-conservative author of the Dobbs v Jackson ruling, which removed abortion rights, if while shedding all vestiges of humor.In his book, Tushnet shows how Alito’s Dobbs ruling contained a clear mistake, the sort of thing that is largely down to the role clerks play in drafting opinions, as Tushnet once did for Thurgood Marshall, the first Black American justice.“Times were quite different then,” Tushnet said. “The year I was there, the court decided 150 cases. Now they’re deciding under 50 a year … the year I was there was the year Roe v Wade was decided [1973, establishing the right to abortion, now lost]. It had been resolved fundamentally the year before, so they were just cleaning things up, but we knew these were consequential decisions.”The court will soon have more consequential decisions to make. In the meantime, talk of a constitutional crisis, of a president defying the courts, grows increasingly heated.“My sense is that we’re not at the crisis point yet,” Tushnet said. “Like many administrations before it, the Trump administration is taking aggressive legal positions, which may or may not be vindicated. If they’re not vindicated, they’re muttering about what they’ll do. That’s happened before.“My favorite example is that in the 1930s, Franklin Roosevelt, while a major decision was pending, had his staff prepare two press releases, one saying: ‘Actually the court has upheld our position,’ the other saying: ‘The court mistakenly rejected our position, and we’re going to go ahead with it anyway.’ Now, they didn’t have to issue that press release, because the court went with the administration. But, you know, muttering about resistance is not historically unusual. Resisting would be quite, quite dramatic, but we’re not there yet.”

    Who Am I to Judge? is published by Yale University Press More

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    Tom Cotton gingerly steps on Trump’s toes as he eviscerates TikTok in book

    Tom Cotton stands a better chance of becoming Senate majority leader than a Republican presidential nominee. After all, with Mitch McConnell of Kentucky, the Arkansas senator worked to undermine Donald Trump’s efforts to overturn the 2020 election – an unforgivable sin in Trumpworld.Cotton branded those who stormed the Capitol “insurrectionists” – a label he previously affixed to those who rioted amid protests over the police murder of George Floyd.In 2022, Cotton mulled a presidential run, taking multiple trips to Iowa and New Hampshire. He never announced and Trump again claimed the prize. Cotton’s dream may never die but for now he is chair of the Senate intelligence committee and the third-ranking Republican in the upper chamber – not a bad perch from which to publish his latest book.With Seven Things You Can’t Say About China, Cotton seeks to shine a light on a major threat to US interests. In the process, he gingerly steps on Trump’s toes; trashes Trump’s right-hand man, Elon Musk; and repeatedly dings TikTok, which is owned by China but also by Jeff Yass, a professional investor and a convert of convenience to Trump’s cause. Cotton may come to regret all three moves as missteps.He obliquely criticizes Trump regarding Chinese investment in US educational institutions. “A senior Chinese Communist purchased New York Military Academy, Donald Trump’s alma mater, and then appointed several of his Chinese associates to its board of trustees,” Cotton writes. That sale was finalized in 2015. “The Department of Defense has granted the academy hundreds of thousands of dollars since its Chinese takeover,” Cotton adds. Federal records show such grants made during Trump’s first term, between 2017 and 2021.Elsewhere, the senator slams Musk for “chasing Chinese dollars”. For 2024, Tesla reported revenues from China of $20.94bn.On top of being the driving force of Trump’s evisceration of the federal government, via the so-called “department of government efficiency” (Doge), Musk is chief executive of companies including Tesla and SpaceX, which in turn owns Starlink internet. In such roles, Cotton writes, “Musk told China’s state television, ‘I’m very confident that the future of China is going to be great and that China is headed towards being the biggest economy in the world and a lot of prosperity in the future.’” This hardly sounds like “America first” or “Make America great again”.Cotton groups Musk with American “tech titans” he views as putting profit ahead of the national interest, including the Microsoft founder Bill Gates and Mark Zuckerberg, chief executive of Meta. Collectively, writes Cotton, they have “shamefully supplicated China’s Communist rulers”.But the senator reserves a special place in hell for TikTok.“No social-media app has harmed our kids more than TikTok,” he declares. “If your kid uses TikTok, I urge you to stop reading now and immediately delete the account.”Here, Trump and Cotton are no longer on the same page. In 2020, Trump branded TikTok a threat to national security and sought to force its divestment. But now money, votes and vengeance appear to have supplanted national interest.For starters, there is Yass, co-founder of Susquehanna International Group, a trading company that holds a 15% stake in ByteDance, the Chinese company that owns TikTok. Yass is also a key funder of the Club for Growth, a deep-pocketed and libertarian-minded tax-exempt organization. Trump met with him late last winter. His thinking on TikTok changed. As it happens, Yass hasn’t donated to Cotton since 2013.Now Trump looks to rescue TikTok and ByteDance, a move Cotton openly criticized. On taking office, Trump imposed a 75-day moratorium on the deadline, under US law, for ByteDance to find a US buyer. At the inauguration, Shou Chew, CEO of TikTok, sat alongside Tulsi Gabbard, now director of national intelligence.Cotton has bitten his lip. “Our point in passing that law,” he told Fox News, was not to ban TikTok in the US. Rather, it was to compel ByteDance to divest, and ostensibly have a “TikTok that is not influenced by Chinese communists”. For the moment, TikTok remains in such control.In his book, Cotton urges Americans to shun “avoid other Chinese apps like Temu, Alibaba, Shein, WeChat, and Alipay. A few dollars savings or a little extra convenience isn’t worth the threat to your family’s privacy and data security or the indirect help these apps provide to the Chinese communists.” Talk about timing.Kash Patel, the new FBI director, is an investor in Elite Depot, Shein’s corporate parent. The Wall Street Journal blared: “Trump’s FBI Pick Stands to Make Millions From Fashion Brand Shein … Critics question potential conflicts of interest in owning shares of [a] foreign company with China ties.” Patel values his Elite Depot stock between $1m and $5m.Cotton voted to confirm. “Congratulations, FBI Director Patel!” he posted. “America will be safer and more secure with Kash leading the FBI.”Trump has helped Shein and Temu, mail-order retailers, stay great. Initially, Trump imposed a 10% tariff on Chinese imports and closed the “de minimis” loophole, which had enabled packages from China valued at less than $800 to be processed duty-free. Then Trump reversed himself. The loophole stood.As for data security and privacy, so close to Cotton’s heart? Musk and the boys of Doge are hoovering that stuff up as you read.Cotton remains a China hawk and an economic nationalist, but is no longer a darling of Trumpworld. In the run-up to the vote to confirm Gabbard as DNI, Cotton and John Thune, the Senate’s majority leader, received a stern warning from Matt Boyle of Breitbart, a Trump-adjacent media organ.“They will be heroes assuming they usher Tulsi to confirmation but if Tulsi is not confirmed then Cotton and Thune are in deep personal trouble with the base. I’m optimistic on this one at this point. The consequences of failure are too dire.”Love is conditional. Cotton lives to fight another day.

    Seven Things You Can’t Say About China is published in the US by HarperCollins More

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    ‘X-rays into the president’s soul’: Jeffrey Toobin on Trump, Biden and the pardon power

    To Jeffrey Toobin, author of The Pardon: The Politics of Presidential Mercy, pardons are “X-rays into the soul” of the American president who gives them, revealing true character. Pardons can show compassion and mercy in the occupant of the Oval Office. More often, they expose venality and self-preservation.Toobin said: “One thing you can say about Donald Trump is that his moral compass always points in the same direction, and his motives are always the same, which are transactional and narcissistic. This is a good example, I think, of my thesis that pardons are X-rays into the president’s soul.”In his first term, Trump “wanted to settle a score with Robert Mueller, so he pardoned everyone Mueller prosecuted” in the special counsel’s investigation of Russian election interference in 2016 and links between Trump and Moscow, Toobin said.“Trump wanted to take care of his family, so he pardoned his daughter’s father-in-law, Charles Kushner,” who is now nominated as US ambassador to France, the author added. “He wanted to reward his House Republican allies, so he pardoned several who were engaged in egregious corruption, and he pardoned people who were [his son-in-law and adviser] Jared Kushner’s friends.”Asked why he wrote his 10th book to come out now, so soon after such a momentous election, Toobin, a former CNN legal analyst and New Yorker writer, said: “I saw that from a very early stage in the campaign Trump was talking about January 6 pardons. But I also recognized that if Kamala Harris won, there would be pressure on her to pardon Trump” on 44 federal criminal charges now dismissed.“I think the proper way to understand the January 6 pardons [issued on day one of Trump’s second term] is to remember that Trump himself was a January 6 defendant, Toobin said. “He wasn’t charged with the riot the way the others were, but he was charged with trying to overthrow the election with the fake electors scheme. And if you look at the way in the beginning part of his second term he is settling scores and rewarding his friends, the January 6 pardons told you exactly how he was going to go about conducting his administration.”Reportedly saying: “Fuck it, release ’em all”, Trump gave pardons, commutations or other acts of clemency to the absurd, such as the J6 Praying Grandma and the QAnon Shaman, and to the outright sinister: hundreds who attacked police, militia leaders convicted of seditious conspiracy, Toobin wrote.He said: “If Trump had tried to carve out the non-violent January 6 rioters [for clemency], that that would have been somewhat more defensible than what he wound up doing, which was, in my view, completely indefensible.”His point about pardons being an X-ray for the soul applies to Joe Biden too.On the page, Toobin decries the 46th president’s decision to pardon his son, Hunter Biden, on gun and tax charges and any other grounds, having said he would not do so.Toobin said: “When you think about Hunter, this is a guy who was convicted of a crime, who pleaded guilty to other crimes. So it’s not like these were made-up accusations against him. Yes, the criminal justice system came down hard on him, but the criminal justice system comes down hard on a lot of people, and their father wasn’t president of the United States, so they don’t get this kind of break. And I just think that’s not how the system is supposed to work.”Publishing schedules being what they are, The Pardon does not cover the last-minute pre-emptive pardons Biden gave his brothers, his sister and their spouses, as well as public figures held to be in danger of persecution by Trump, Liz Cheney and Gen Mark Milley among them.But Toobin told the Guardian: “The family pardons were just bizarre, because these people, as far as I’m aware, are not even under investigation. But [Biden] was so worried and fixated on his family that he took this extraordinary step, which is just egregious to me.”The pardon is older than America. British kings could pardon people. When the states broke away, they kept the pardon for presidents. George Washington used it after the Whiskey Rebellion of 1794, for men convicted of treason. Abraham Lincoln used it during the civil war to reprieve Union soldiers sentenced to die and to forgive Confederates in the name of peace.Such acts of mercy continue, memorably including Jimmy Carter’s clemency for those who dodged the draft for Vietnam and Barack Obama’s record-setting issue of commutations for people mostly jailed for minor crimes. Even Trump handed down mercy in his first term, amid the push which produced the First Step Act, criminal justice reform he swiftly seemed to forget.Asked which modern president has best used the pardon power for the public good, Toobin picks Obama. Inevitably, though, most public attention falls on use of the power for controversial ends, including George HW Bush’s mop-up of the Iran-Contra scandal and Bill Clinton’s last-minute pardon for Marc Rich, a financier turned fugitive.The most famous pardon of all, the one Gerald Ford gave Richard Nixon after the Watergate scandal, hangs over every president. As Toobin sees it, had Harris taken office in January, pressure to pardon Trump of his alleged federal crimes would have been great, and it would have sprung from “an interesting shift in the conventional wisdom” about Ford and Nixon.skip past newsletter promotionafter newsletter promotion“It was widely considered a disaster in 1974” – Carl Bernstein told Bob Woodward, his Washington Post partner in reporting Watergate, “The son of a bitch pardoned the son of a bitch” – “but now you’ve had Ted Kennedy giving Gerald Ford an award, saying he was right about the pardon. You have Bob Woodward changing his mind [to say the pardon was ‘an act of courage’]’, and at the oral argument of the Trump v United States supreme court case [about presidential immunity, last April], Justice Brett Kavanaugh said, ‘Well, everyone now agrees Ford did the right thing.’”Toobin thinks Ford did the wrong thing, given Nixon’s clearly criminal behavior. He was also “struck by the absence of a book heavily focused on that issue of the Ford pardon. So all those combinations led me to try to not only write a book, but have it come out in early 2025.”He duly devotes most of that book to the Nixon pardon: how Ford agonized about it, decided to do it, then employed an obscure young lawyer to make sure Nixon took it.“I had certainly never heard of Benton Becker when I went into this,” Toobin said. “And I think his central role illustrates how ill-prepared Ford was for the whole issue of dealing with Nixon, because if you want to address an issue that will be the central event of your presidency, maybe you want to entrust it to someone who is not a young volunteer lawyer, who is himself under criminal investigation.“Now, if you say that, you should say that Becker [who died in 2015] was completely cleared. But it struck me as ludicrous that a president with the entire resources of the White House counsel’s office, the justice department and the entire American government, chose to invest so much authority in this young man. I think that just illustrates how Ford’s anxiousness to get the whole Nixon subject behind him led him to fail to consider the consequences of what he was doing.”The rights and wrongs of the Nixon pardon echo to this day. Looking again to last year’s supreme court arguments over presidential immunity, which the justices decided did apply in relation to official acts, Toobin said: “I thought the best question at that oral argument was Justice [Ketanji Brown] Jackson saying, ‘If presidents are immune, why did Ford need to pardon Nixon?’ Which is a great question, and doesn’t really have an answer. The only real answer is that [Chief Justice] John Roberts just completely changed the rules” in Trump’s favor.The Pardon is Toobin’s guide to how presidential pardons work, for good or often ill. He is not optimistic that the power can be reined in or usefully reformed:“The both good and bad news is that our constitution is almost impossible to amend, and no one cares enough about pardons one way or the other to undertake the massive task of of trying to amend the constitution. It’s not even clear how you would amend it. My solution to pardon problems is not changing the constitution, it’s getting better presidents.”That will have to wait – at least for four more years.

    The Pardon is out now More

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    Presidents at War: how battle has shaped American leaders

    In his new book, Presidents at War, Steven M Gillon considers how the second world war shaped a generation of presidents, a span that takes in eight men – but not all of them served in uniform between 1941 and 1945.Gillon likes to “ask people, ‘There are seven men who served in uniform in world war two and who went on to be president: who are they?’ And most people think Jimmy Carter did, and they forget Ronald Reagan.”Carter was born in 1924 and came of age in wartime. But the submariner turned peanut farmer turned politician, who died aged 100 in December, graduated the US Naval Academy in 1946, the year after the war. Reagan, meanwhile, joined the Army Reserve in the 1930s and spent the war years enlisted – but stayed at home in Hollywood, where he made his name as an actor, narrating films and joining fundraising drives.“Reagan was the most fascinating for me,” says Gillon, emeritus professor of history at the University of Oklahoma and scholar-in-residence at the History Channel. “I once bought the story about: ‘Oh, he wanted to go and fight but his eyes were too bad.’ In fact, there’s all these machinations going on behind the scenes that keep him from going overseas, to make sure he stays in California so he can make movies, while at the same time creating this public image of a guy who has been off to war, and he comes home to his wife [Jane Wyman], and there’s a picture of him in his uniform, kissing his wife – who in fact he slept with every night during the war.”Gillon focuses on how the war affected men who led their country through the cold war with Russia, into the quagmire of Vietnam, and eventually into the first Iraq war. To Gillon, “those presidents who came closest to combat were the ones who were most restrained in their use of force afterwards,” meaning Dwight Eisenhower, who commanded Allied forces in Europe, and John F Kennedy and George HW Bush, who flirted with death in the Pacific, JFK as a torpedo boat captain, Bush as a navy flier.“Reagan is the exception of so many of these things,” Gillon says. “Reagan never sees war. He thinks he saw the Holocaust camps, but he didn’t. He just makes stuff up, and he thinks it’s true. But what I did not know was how he came out of the war with the real fear of nuclear weapons, and he belonged to an organization for international control of atomic weapons, largely a liberal organization, as he was involved in other liberal organizations like Americans for Democratic Action.“While he shed all the other liberal ties, he never shed that fear of nuclear weapons. And despite all his bombastic language, he was very restrained in the use of force. I mean, the only thing he did was create a phony war in Grenada [in which 19 Americans died] and see 241 Americans killed in Lebanon [both in 1983], and that was a peacekeeping mission.”View image in fullscreenIn response to the Beirut embassy bombing, Reagan launched limited strikes. He also bombed Libya, in 1986, and funded and fueled conflicts elsewhere, his efforts in Nicaragua creating the Iran-Contra scandal. But on the global scene, Gillon “was surprised at how restrained Reagan was. And then his fear of nuclear weapons made him open to [Mikhail] Gorbachev’s overtures” for detente and arms control “during his second term … this was where Reagan followed his own instincts and in this case his instincts were right, and he was the right person to do it because he had such strong anti-communist credentials. So that was a twist I had not appreciated before.”Gillon’s book contains more twists. Many involve Lyndon Baines Johnson, like Reagan no stranger to distorting facts for political gain. A congressman when the US entered the war, LBJ got himself into uniform for a Pacific fact-finding tour. Hitching a ride on a bomber, he survived an attack by Japanese fighters.“There’s controversy over whether that took place the way he described it,” Gillon says. “There was an article written by some aviation historians who said it never could have happened. And then, years later, the Japanese pilot who had actually led the attack against the American planes said he remembered Johnson’s plane. He remembered crippling it, and he said the plane was so wounded that he knew it wasn’t going to do any damage, so he broke off and went back into the main attack.”Johnson’s plane made it back to base, leaving him alive to tell tales of his own bravery on the campaign trail. Gillon shows how those tales grew more shameless but thinks the basic story “is definitely true”, including how a bathroom break meant Johnson lost a spot on a plane which was shot down, killing all onboard.“Yeah, Johnson was just cool as a cucumber. And I’m sure he was thrilled when he landed.”Gillon was born in working class Philadelphia in 1956, in the shadow of the war. Too young for the Vietnam draft, fascinated by the presidency, he graduated from Widener and Brown and then taught at Yale and Oxford. Recent books include America’s Reluctant Prince, about his late friend John F Kennedy Jr, and The Pact, about Bill Clinton and Newt Gingrich, a Democratic president and a Republican House speaker whose relationship resonates loudly today.With his latest book, Gillon focuses on the major lessons of the second world war, particularly the cost of appeasement, Hitler’s triumph at Munich in 1938 a constant ghost at the feast. Such lessons, he says, “some forgot, like Lyndon Johnson in Vietnam, while others, like Kennedy and Bush, those who really saw battle and the horrors of war, you see them thinking about world war two all the time when they’re making big decisions, whether it’s the Cuban Missile Crisis for Kennedy or it’s the invasion of Iraq with George Bush”.View image in fullscreenLooking to Richard Nixon and Gerald Ford, Gillon describes how both served but did not see battle. Both were in the navy. Ford’s closest brush with action involved a fire aboard his ship during a Pacific typhoon. Nixon was posted to tropical islands, working logistics and supply, failing to reach the front line.Vietnam dominates Gillon’s book. US involvement began under Eisenhower, accelerated under Kennedy, swirled into nightmare under Johnson and finally ended under Nixon – though he had lengthened the horror by thwarting peace talks for his own political gain. Gillon retells the extraordinary Anna Chennault affair, in which a Washington socialite acted as a go-between with the government of South Vietnam, relaying Nixon’s urge to boycott talks till the 1968 election was done. When Johnson learned of it, he told a senior Republican: “This is treason.” The senator agreed. Johnson called Nixon, who denied it. Gillon writes: “According to some reports, after hanging up, Nixon collapsed with laughter.”In 1968, Nixon beat Hubert Humphrey. The war did not end until 1973. Reading Presidents at War, it is striking to realize that no future president who was of an age to serve in Vietnam did so.Bill Clinton opposed the war, studied abroad and denied accusations of dodging the draft. Joe Biden secured student deferments then was exempted on account of teenage asthma. George W Bush, the son of a war hero, went into the Texas Air national guard, which, Gillon notes, “is a place notoriously where rich, powerful people put their kids during war”. Al Gore, John Kerry and John McCain did go to Vietnam – but lost presidential elections.As so often, Donald Trump is a whole other matter. He obtained student draft deferments but also found a doctor to say “bone spurs” in his heels rendered him unfit for service. He has also said avoiding sexually transmitted diseases while dating in New York was his “personal Vietnam”, making him feel like “a great and very brave soldier”. It’s not a line to endear him to Gillon, who says he cast his first vote for a Republican president, Ford, but whose epilogue to Presidents at War makes clear his distaste for Trump, his view of military matters and his reported negative comments about those who serve.“I have my political point of view but when I write history, I try to be really fair-minded,” Gillon says. “And I can’t be fair-minded toward Trump. I just dislike him so much that I don’t think I could write a book about him. I wrote a book about Bill Clinton and Newt Gingrich, and what made me happy was that both Clinton and Gingrich liked it. I take great pride in being fair of mind towards someone like Newt Gingrich, who I have no political affinity for, but I just can’t get to that point mentally with Trump. I can’t write a book that I feel I can’t be fair.”

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    ‘Stand up for what’s right’: Melville House co-founder on publishing Jack Smith and Tulsa reports

    A US publishing house has decided to publish official reports into sensitive matters in US politics and history against the backdrop of a new Donald Trump administration committed to a radical rightwing agenda of reshaping American government and fiercely aggressive against its opponents, especially in the media.The publisher, Melville House, will on Tuesday release The Jack Smith Report, a print and ebook edition of the special counsel’s summation of his investigation of Donald Trump’s attempt to overturn the 2020 election.Later in February, the company will then publish another report the Department of Justice issued shortly before Trump returned to power, concerning the Tulsa Race Massacre of 1921.Dennis Johnson, co-founder of Melville House with his wife, Valerie Merians, said The Jack Smith Report would be published with no frills: “It is just a report, and we’re just reprinting it. We’re not doing anything to it. We’re not adding anything in the front or back. We’re not getting star introductions or anything. We just wanted it to speak for itself.”But he also described an urgent need to put out physical copies, in light of Trump’s push to revenge himself on prosecutors who worked for Smith and FBI agents who investigated the January 6 attack on Congress.Johnson said the same for the Tulsa report, amid a drive to stamp out diversity, equity and inclusion policies which has resulted in the disappearances of official online resources related to the history of racism and civil rights.Johnson has published federal reports before, achieving notable sales for the CIA Torture Report (2014) and the Mueller Report (2019), the latter concerning Russian election interference and links between Trump and Moscow.Melville House has always been “mission-driven”, Johnson said, describing a company “founded as a minor but sincere attempt to stand up to the [election] of George Bush”.Nonetheless, after Trump’s victory over Kamala Harris in November, Johnson and his staff found themselves “just stumped. We had no ideas … we just felt totally defeated … and then there was this murmuring about the Jack Smith report coming. And when we heard that, after two or three months of being in a bunk and a daze, we just immediately thought we should do that.”Smith was appointed in November 2022, under the Biden administration. He investigated “whether any person or entity violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election”, as well as Trump’s retention of classified documents after leaving power.Ultimately, Smith filed four criminal charges relating to election subversion and 40 concerning retention of classified records. Trump pleaded not guilty but his lawyers and a compliant Florida judge secured delays, meaning neither case reached trial before November.After Trump’s election win, Smith closed his cases. Before Trump returned to power, the Department of Justice released part one of Smith’s report, covering his work on Trump’s election subversion. Part two, on Trump’s retention of classified information, remains under wraps.Melville House has moved fast. Johnson said such “crash publishing” required hard work and help from printers, retailers and more. But the Jack Smith Report, he said, would “launch into a very different book culture than the last time we were in this predicament, in 2016. People are very afraid.“We did the Mueller Report and there were two other significant publications. There was Simon and Schuster, they’re one of the biggest publishers in the world, and there was Skyhorse, which is independent but much bigger than us … and yet we got our book on the bestseller list.“We knew that wasn’t going to happen this time, because the big houses, we’re guessing, are intimidated – don’t want any hard feelings with the White House. Trump has already informed Penguin he’s going to sue them about a critical biography they published last year [Lucky Loser, by Susanne Craig and Russ Buettner.] And the publisher with Skyhorse [Tony Lyons] actually worked on the presidential campaign of Robert F Kennedy Jr [now Trump’s nominee for health secretary] so we knew he wasn’t going to put [the Smith report] out. So we’d have the field to ourselves, which is good.”skip past newsletter promotionafter newsletter promotion“I think there’s a world of independent booksellers who are eager to be supporting something that speaks to the moment, that somehow stands up for what’s right.”It took the Department of Justice more than 100 years to stand up a proper investigation of the Tulsa Race Massacre – one of the most unjustly obscure episodes in US history, in which hundreds were killed when Greenwood, Oklahoma, a prosperous Black neighborhood, was destroyed by a white mob.No charges were brought. Under Joe Biden, a new investigation was carried out by a cold case unit of the justice department civil rights division named for Emmett Till, a Black teen murdered by white men in Mississippi in 1955. The Tulsa report was released on 10 January. Ten days later, Trump returned to power – and announced sweeping changes at the civil rights division.Calling the new Tulsa report “nauseating and gripping”, Johnson said: “We went to the Library of Congress and found a lot of the photos which might have been part of the initial report when the massacre happened, that the predecessor of the FBI did, the investigation this report criticizes. They supplement the information but it only takes a few pictures to make the point. They’re just aerial shots of devastation. It’s like Munich in world war two. Hiroshima. Total devastation.”Johnson hopes his editions of the Jack Smith and Tulsa reports will find places in “libraries and classrooms” as well as homes. When he was a boy, he said, adults he knew “had the Pentagon Papers paperback in their home, they might have had the Warren Commission and later the Starr Report. I want people to feel these reports are part of the American historic record.”

    The Jack Smith Report is published in the US on Tuesday More

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    War by Bob Woodward review – the Watergate veteran on Gaza, Ukraine and Trump

    Bob Woodward is probably the best-known journalist in the world. He built his reputation on Watergate, of course, and just about everything he and Carl Bernstein wrote about it turned out to be entirely accurate: including the existence of Deep Throat, who was sometimes thought to be a “Woodstein” invention, but was much later revealed to be a top FBI official. If you talk to Woodward on deep background, he won’t break trust with you and leak your name; so hundreds of senior officials and politicians over the years have had the confidence to speak to him on condition of anonymity. In War, as in every other one of Woodward’s 22 books (this one billed as a “behind-the-scenes story of three wars – Ukraine, the Middle East and the struggle for the American Presidency”), you can have total faith in the accuracy of every quotation he provides.But there’s a problem. Although the confidences which Woodward passes on to us are no doubt exactly as his interviewees gave them to him, how do we know these were the words originally spoken in the moment being recalled? Reading War, like so many of the other monosyllabically titled books Woodward has given us, you find yourself wondering if some of the key stuff isn’t l’esprit de l’escalier – the things people wish they’d said; or maybe wish they’d said more clearly and toughly and quotably, instead of mumbling or trailing away into aposiopesis. Personally, I prefer the rigorous methodology of Norma Percy’s brilliant television documentaries (The Death of Yugoslavia, Putin vs the West, Inside Europe: Ten Years of Turmoil, etc). She interviews everyone again and again, on the record, then plays each interviewee’s words back to the other participants. They can then answer, “Well, he/she may say that now, but that wasn’t what they said at the time.”Still, we can have little doubt that Joe Biden genuinely said things like, “That fucking Putin … We are dealing with the epitome of evil,” or “That son of a bitch Bibi Netanyahu. He’s a bad fucking guy.” It’s entirely credible, as Woodward’s sources say, that Donald Trump had up to seven phone conversations with Vladimir Putin after leaving office, that he sent him boxes of Covid-19 tests, and that Biden thought there was a 50% chance that Putin would use nuclear weapons in Ukraine. Yet these things don’t exactly come as a huge shock.And that’s my main beef with War: it simply reinforces everything we already know about Ukraine, Gaza, and the presidential campaign. I read this book, which like all Woodward’s work is well-written, even a page-turner, without coming across a single thing that was a genuine surprise. We don’t need Woodward to tell us that the CIA and MI6 had complete knowledge of Putin’s plans for the invasion of Ukraine, because the two intelligence agencies made it absolutely plain at the time. They told us the day and even the hour when the invasion would start.Pungent quotes do a lot of heavy lifting (“Barack never took Putin seriously,” Biden says about Russia’s theft of Crimea in 2014. “We gave Putin a licence to continue. Well, I’m revoking his fucking licence!”), yet the language distracts our attention from the issues that provoke it. We may still get the occasional flash of juvenile pleasure at hearing the great ones of the world calling one another “pricks” and “morons”, but it really doesn’t mean much. The Watergate days, when we were genuinely shocked to learn that Nixon F-bombed his way round the White House, are long gone.Still, the fundamental verdict of War is a powerful one. Trump is “the wrong man for the country” and is unfit to lead it, Woodward says, magisterially. (In return, Trump calls Woodward a liar, and his spokesman has implausibly denied that most of the quotes in the book were genuine.) Yet here again there’s a problem. Woodward is no longer the impartial recipient of the confidences of hundreds of well-placed people across the spectrum; he has got his own strong views, and he wants to convince us they’re correct. The fly on the Oval Office wall has fluttered down and joined in the argument. Where does Woodward’s long, masterful, often mesmerising series of Washington insider books go after this?skip past newsletter promotionafter newsletter promotion More

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    Giuliani’s book is silent on $150m award for defamation but noisy on election lies

    In a new book, Rudy Giuliani claims his extensive legal problems and those of Donald Trump are the results of persecution by “a fascist regime” run by Kamala Harris and Joe Biden – all while avoiding mention of a $150m defamation award against him won by two Georgia elections workers and repeating the lies about electoral fraud which saw him lose law licenses in New York and Washington DC.Giuliani’s book also ignores the widely reported autocratic tendencies of Trump, which have triggered numerous warnings, including from former staffers, that he is a fascist in waiting, should he return to the White House.The New York mayor turned Trump lawyer even avoids mention of fascistic sympathies in his own family, specifically those harbored by his mother, whose own sister-in-law said she “liked Mussolini”, the dictator who ruled Italy from 1922 to 1943.Giuliani’s book, The Biden Crime Family: The Blueprint for their Prosecution, is released in the US on Tuesday. The book’s title betrays the reason for its delayed release – it is largely a propagandistic election-season attack on Biden, the president who stepped aside in July, amid concern that at 81 he was too old for a second term, ceding the Democratic nomination to Harris, his vice-president.Giuliani’s book is finally released a week from election day but even he may not have foreseen it landing amid explosive debate over whether Trump is a fascist himself.Mark Milley, formerly the chair of the joint chiefs of staff under Trump, and John Kelly, another retired general who was Trump’s second White House chief of staff, have said Trump deserves the label.Speaking to the reporter Bob Woodward, Milley said Trump was “fascist to the core”. Last week, Vice-President Harris said: “It is clear from John Kelly’s words that Donald Trump is someone who, I quote, ‘certainly falls into the general definition of fascists’, who, in fact, vowed to be a dictator on day one and vowed to use the military as his personal militia to carry out his personal and political vendettas.”On Sunday, outside a Madison Square Garden Trump event many observers compared to a Nazi rally at the same New York venue in 1939, Giuliani told reporters Trump was “the furthest from a fascist imaginable”.On the page, Giuliani’s case against Biden is undercut by omission of inconvenient details – as in the passage in which he complains of persecution by a “fascist regime”.“They … have sued me, sent me to bankruptcy court, and tried to force me to sell my homes,” Giuliani writes – not mentioning that such dire financial straits are the result of being ordered to pay around $150m for defaming Shaye Moss and Ruby Freeman, the Georgia elections workers, while pushing Trump’s lie about voter fraud in the 2020 election. This week, Giuliani was ordered to give the women control of his New York apartment, his Mercedes-Benz, several luxury watches and other assets.Giuliani was disbarred in Washington DC and New York. Claiming such moves were politically motivated, he nonsensically claims: “I have never been disciplined by the bar association and my record is unblemished.” His legal troubles, he insists, are the result of being “but one” political opponent of Biden and Harris.“They’ve indicted and attempted to disbar legal friends and colleagues like John Eastman and Jeffrey Clark for their work on trying to correct the stolen election results,” Giuliani writes, of disgraced lawyers who also worked on Trump’s attempt to overturn the 2020 election.“Others, like [Trump advisers] Peter Navarro and Steve Bannon, actually had to serve four months in federal prisons for misdemeanor of contempt of Congress – while their cases were on appeal!”skip past newsletter promotionafter newsletter promotionBannon, Trump’s former campaign chair and White House strategist, was released from prison in Connecticut on Tuesday. He provides a short introduction for Giuliani’s book.Giuliani also cites court cases involving “a Florida social media influencer … arrested by eight FBI and other law enforcement agents for the ‘crime’ of posting memes mocking Hillary Clinton supporters on Twitter” and a “75-year-old grandmother with a medical condition sentenced to jail for two years for protesting outside an abortion center”.“These are the actions of a fascist regime,” Giuliani writes, adding, “So is the lawfare leveled against President Donald J Trump”, in reference to 88 criminal charges, 34 having produced guilty verdicts regarding hush-money payments, the rest remaining outstanding as election day nears.Giuliani does admit in his book to having “some criminal issues in my family background” – namely his father’s 1930s conviction and prison time for robbery, an uncle’s work as a loan shark, and a cousin who “turned out to be head of an auto-theft ring and died in a shootout with the FBI”. Such ties are well known but tellingly, in light of his accusation of “fascist” behavior by Biden and Harris, Giuliani chooses not to mention another famous family detail: his mother’s liking for Mussolini.In 2000, the Village Voice published an examination of Giuliani’s family background by Wayne Barrett, the legendary New York investigative journalist. Entitled Thug Life, the extract from Barrett’s biography of the then New York mayor told the story of Giuliani’s criminal father, including his work as a mafia enforcer. But Barrett also described conversations around the dinner table during the second world war.“The fact that their homeland was an Axis country did not diminish Helen Giuliani’s sense of patriotism,” Barrett wrote of the future mayor’s mother. “‘Helen was a little sticking up for the Italians, a little on the Italian side,’ recalled Anna, Rudy Giuliani’s aunt.“‘She liked Mussolini and things like that.’” More

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    Mark Milley fears being court-martialed if Trump wins, Woodward book says

    Mark Milley, a retired US army general who was chair of the joint chiefs of staff under Donald Trump and Joe Biden, fears being recalled to uniform and court-martialed should Trump defeat Kamala Harris next month and return to power.“He is a walking, talking advertisement of what he’s going to try to do,” Milley recently “warned former colleagues”, the veteran Washington Post reporter Bob Woodward writes in an upcoming book. “He’s saying it and it’s not just him, it’s the people around him.”Woodward cites Steve Bannon, Trump’s former campaign chair and White House strategist now jailed for contempt of Congress, as saying of Milley: “We’re gonna hold him accountable.”Trump’s wish to recall and court-martial retired senior officers who criticized him in print has been reported before, including by Mark Esper, Trump’s second secretary of defense. In Woodward’s telling, in a 2020 Oval Office meeting with Milley and Esper, Trump “yelled” and “shouted” about William McRaven, a former admiral who led the 2011 raid in Pakistan in which US special forces killed Osama bin Laden, and Stanley McChrystal, the retired special forces general whose men killed another al-Qaida leader, Abu Musab al-Zarqawi, in Iraq in 2006.Milley was able to persuade Trump to back down, Woodward writes, but fears no such guardrails will be in place if Trump is re-elected.Woodward also describes Milley receiving “a non-stop barrage of death threats” since his retirement last year, and quotes the former general as telling him, of Trump: “No one has ever been as dangerous to this country.”Milley spoke to Woodward for his previous reporting. Woodward now reports the former general as saying: “He is the most dangerous person ever. I had suspicions when I talked to you about his mental decline and so forth, but now I realize he’s a total fascist. He is now the most dangerous person to this country.“A fascist to the core.”Woodward, 81, made his name in the 1970s with Carl Bernstein during Watergate, the scandal that brought down Richard Nixon. Woodward’s new blockbuster, War, will be published on Tuesday. His fourth book at least in part about Trump – after Fear, Rage, and Peril – stoked uproar this week with the release of revelations including that Trump sent Covid testing machines to Vladimir Putin early in the coronavirus pandemic, and that Trump has had as many as seven phone calls with the Russian president since leaving office.Milley was chair of the joint chiefs of staff from 2019 to 2023. His attempts to cope with Trump have been widely reported – particularly in relation to Trump’s demands for military action against protesters for racial justice in the summer of 2020 and, later that year, Trump’s attempt to stay in power despite losing the election to Biden.Last year, marking his retirement, Milley appeared to take a direct swipe at Trump, then a candidate for a third successive Republican presidential nomination.“We don’t take an oath to a king, or queen, or tyrant or a dictator, and we don’t take an oath to a wannabe dictator,” Milley told a military audience at Joint Base Myer-Henderson Hall in Arlington, Virginia. “We don’t take an oath to an individual. We take an oath to the constitution, and we take an oath to the idea that is America, and we’re willing to die to protect it.”Since then, Trump has brushed aside Republican rivals to seize the nomination, campaigned against first Biden then Harris, and survived two assassination attempts. Less than a month from election day, he and Harris are locked in a tight race.In office, Trump memorably insisted senior military officers owed their loyalty to him, even reportedly telling his second chief of staff, the retired marine general John Kelly, US generals should “be like the German generals” who Trump insisted were “totally loyal” to Adolf Hitler during the second world war. Kelly mentioned military assassination plots against Hitler but Trump was not convinced.As told by Woodward, in 2020 Trump became enraged by pieces McRaven wrote for the Washington Post and the New York Times – writing in the Post that “there is nothing left to stop the triumph of evil” – and comments McChrystal made on CNN, calling Trump “immoral” and “dishonest”.“As commander-in-chief” of US armed forces, Woodward writes, “Trump had extraordinary power over retired commissioned officers. It was within his authority to recall them to active duty and court-martial them. But it had only been done a few times in American history and for very serious crimes. For instance, when a retired two-star [general] was charged in 2017 with six counts of raping a minor while on active duty in the 1980s.”So Trump summoned Milley and Esper. The president demanded action but the two men told him not to seek to punish McRaven and McChrystal, because they had a right to voice their opinions and because it would backfire, drawing attention to their words.“The president didn’t want to hear it,” Woodward writes.So Milley switched tack.“‘Mr President,’ Milley said. ‘I’m the senior military officer responsible for the good order and discipline of general officers and I’ll take care of this.’“Trump’s head whipped round. ‘You really will?’ he asked skeptically.skip past newsletter promotionafter newsletter promotion“‘Absolutely,’ Milley assured him.“‘OK, you take care of it,’ President Trump said.”Such dramatic Oval Office scenes are familiar from previous books by Woodward and legions of competing reporters and former Trump officials. According to Woodward’s new reporting, Milley did take action after fending Trump off, calling McRaven and McChrystal and warning them to “step off the public stage”.“‘Pull it back,’ Milley said. If Trump actually used his authority to recall them to duty, there was little Milley could do.”Woodward then quotes Milley speaking this year about his fear that Trump will seek to punish his military critics if he returns to power.McRaven, now a professor at the University of Texas at Austin, did not immediately respond to a request for comment about Milley’s fear of retribution and whether he shared it.Trump has given such figures plenty of reason to worry. Among proliferating campaign-trail controversies, the former president has frequently voiced his desire for revenge on opponents and critics, including by using the FBI and Department of Justice to mount politically motivated investigations. At rallies, Trump has frequently told crowds: “I am your retribution.”The Utah senator Mitt Romney, the Republican presidential nominee in 2012, was recently asked about possible consequences of his own opposition to Trump including votes to convict in both his impeachment trials.“I think he has shown by his prior actions that you can take him at his word,” a “suddenly subdued” Romney told the Atlantic. “So I would take him at his word.”Woodward also reports Milley’s harrowing experiences since stepping down as chair of the joint chiefs.“Since retiring, Milley had received a non-stop barrage of death threats that he, at least in part, attributed to Trump’s repeated attempts to discredit him.“‘He is inciting people to violence with violent rhetoric,’ Milley told his wife. ‘But he does it in such a way it’s through the power of suggestion, which is exactly what he did on 6 January” 2021, the day Trump incited supporters to attack Congress, in hope of overturning his election defeat.“As a former chairman, Milley was provided round-the-clock government security for two years. But he had taken additional precautions at significant personal expense, installing bullet-proof glass and blast-proof curtains at his home.” More