Skip to main content

Home/ History Readings/ Group items tagged courts

Rss Feed Group items tagged

Javier E

Opinion | Is Trump's MAGA 'Superpower' Actually His 'Kryptonite'? - The New York Times - 0 views

  • Unless the media and other trusted nonpartisan civil society institutions are forthright in affirming that the 2024 election is not a contest between two politicians, Donald Trump and Joe Biden, but a virtual constitutional referendum, Trump could win.
  • “If Trump wins in November, it will be because of third parties getting a significant number of people,” Trippi argued. “No one who is a MAGA Trump supporter is going to vote for a third party. Most of it comes off Joe Biden.”
  • Voters said Trump would do a better job than Biden on immigration and border security (57-22); on the economy (55-33); on crime and violence (50-29); on competence and efficacy (48-38); and on possessing the required mental and physical stamina for the presidency (46-23). Note the 23-point gap on that last one.
  • ...11 more annotations...
  • A glimmer of hope for Biden emerged toward the end of the survey: “If Donald Trump is found guilty and convicted this year of a felony — with Donald Trump as the Republican candidate and Joe Biden as the Democratic candidate — for whom would you vote?”In this hypothetical circumstance, Biden pulls ahead of Trump, 45-43.
  • when asked, “How willing would you be to vote for Donald Trump if he is convicted of a crime?” 53 percent of registered voters surveyed said they would be “unwilling” to do so; 46 percent said “very unwilling”; and 7 percent said “somewhat unwilling.”
  • Bloomberg-Morning Consult asked respondents whether they would be unwilling to vote for Trump if he were “sentenced to prison”: 55 percent said unwilling, 48 percent very unwilling and 7 percent said somewhat unwilling.
  • YouGov found that 45 percent of respondents were either unaware of or uncertain that Trump had “been charged with falsifying business records to conceal hush money payments to Stormy Daniels, a porn star” and that Trump “had been found liable for sexually assaulting and defaming writer E. Jean Carroll.”
  • The most recent NBC News poll, conducted at the end of January, has Trump favored over Biden by a substantial 47 percent to 42 percent.
  • In the RealClearPolitics compilation of polls that add Robert Kennedy Jr., Cornel West and Jill Stein to the mix, Trump’s lead over Biden more than doubles, to 4.8 points, 41.6 to 36.8 percent. Kennedy gets 13 percent, and West and Stein each get 2.1 percent.
  • Along with the threat posed by third-party candidates, two major crises — immigration and the Israeli assault on Hamas in Gaza — have become significant liabilities for the Biden campaign.
  • The Dec. 10-14 New York Times/Siena poll found that young voters, aged 18 to 29, favored Trump over Biden 49-43. These voters said they trusted Trump over Biden “to do a better job on the Israeli-Palestinian conflict” 49-30. In the 2020 election, Biden beat Trump among 18-to-29-year-old voters by 24 points, 60-36, according to exit polls, by far his biggest margin in all age groups.
  • “To win in 2024, Biden will need to convince voters that he is still the proud moderate they voted for in 2020,” Cowan wrote by email. “He has a lot of evidence on his side, but he still has a lot of convincing to do.”
  • Biden’s showing “middle- and working-class voters that he understands their values and takes seriously their concerns around crime, immigration and the economy — which, as polling makes clear, are often dramatically different and far more mainstream and centrist than those of college-educated elites who staff much of Washington — is the only way to win.”
  • While bitterly criticized by many liberals, the Supreme Court decision last year to ban affirmative action in public and private colleges will in fact reduce the salience of an issue that has historically worked to build support for Republicans.
Javier E

Opinion | Jan. 6, America's Rupture and the Strange, Forgotten Power of Oblivion - The ... - 0 views

  • This is not the first time our nation has survived a profound internal rupture, but it may be the first time in which the political ringleaders of the revolt may very well escape much accountability while hundreds of their followers serve jail time.
  • In previous times of national crisis, the same spirit of mercy that Mr. Biden conjured generally applied to lower-level offenders, while those who had committed the worst crimes were the first to be arrested and tried for their treasonous acts.
  • As a legal mechanism, oblivion promised the return to a past that still had a future, in which the battles of old would not predetermine those still to come. It did not always achieve its lofty aspirations, nor was it appropriate for all conflicts. But the ideals it grasped for had an enduring appeal.
  • ...24 more annotations...
  • After the Civil War, a series of amnesties were passed, eventually encompassing almost all Confederate soldiers.
  • The complicit were so great in number that identifying and trying every one of them would come at significant cost, but more important, no law could sufficiently condemn what they had done, and no criminal procedure could adequately consecrate the memory of their wrongs.
  • the “act of oblivion,” an ancient, imperfect legal and moral mechanism for bringing an end to episodes of political violence. These acts were invoked when forgiveness was impossible, yet when pragmatism demanded a certain strain of forgetting — a forgetting that instead of erasing unforgivable transgressions, paradoxically memorialized them in the minds of all who had survived their assault
  • Rather than relying upon the courts to deliver impossible and unattainable forms of reckoning, oblivion provided opportunities for the extralegal recognition of political and moral wrongs, and reminded its subjects of the desire for, and necessity of, coexistence.
  • For centuries, legislative “acts of oblivion” were declared in times when betrayal, war and tyranny had usurped and undermined the very foundations of law; when a household or nation had been torn apart, its citizens pitted against one another; when identifying, investigating, trying and sentencing every single guilty party threatened to redouble the harm
  • Under the oblivions of old, the ringleaders of riots, insurrections and tyrannical reigns were prosecuted for their crimes and in many cases were forced out of the cities and states they had once claimed to rule. Treasonous leaders were prohibited from holding public office
  • I wondered what it would mean to revive the old idea of oblivion in our age of seemingly unending memory.
  • Oblivion demanded accountability for those who bore primary responsibility for political rupture and often required material compensation and restitution for the harms don
  • consecrating the facts of what had occurred while refusing to allow the misfortunes of the past to dictate the future.
  • over the course of the 20th century, as the cultural tide gradually turned toward an embrace of remembrance and recrimination, oblivion fell out of favor, and out of collective memory.
  • The oldest act of oblivion is usually dated to 403 B.C., when the Athenians, having survived the bloody reign of the Thirty Tyrants, swore to never remember the wrongs of a war within the family, a civil war that had divided Athens.
  • The 1648 Treaty of Westphalia, the supposed origin point of our world of sovereign states, promised that all the violence, hostility, damage and expenses that had been incurred “on the one side, and the other … shall be bury’d in eternal Oblivion.”
  • In 1660, the Indemnity and Oblivion Act restored the British monarchy after the English Civil War
  • To remember the power of oblivion is not to naïvely wish away the wrongs of the recent past, but rather quite the opposite: By marking certain transgressions as unforgivable and unforgettable, it recognizes the depth of the loss while also opening a path toward political pragmatism
  • the Continental Congress passed a resolution recommending that states treat loyalists with leniency, “to receive such returning penitents with compassion and mercy, and to forgive and bury in oblivion their past failings and transgressions.” Punishments for loyalists were, according to the scholar Mugambi Jouet, “particularly mild” for the era.
  • Over the past several decades, our society has become oversaturated with memory. In our legal system, a single, low-level crime can ruin an individual’s life forever, people are forced to serve sentences for acts that are no longer illegal, and even a sealed conviction or an arrest with no charge can jeopardize job, housing and volunteer opportunities.
  • This virtual culture of incessant, uncompromising remembrance and recrimination has seeped from our screens, affecting the kinds of conversations we are willing to have in public, and with whom.
  • Every day, we depend on our devices to store every photograph, every video, every file. We store all these things because we have learned a bit too well that it is important to remember, to archive, to keep receipts and screenshots. To create a faithful, digitized log not only of our own lives but also of those around us
  • we have been very good students of memory. So good that we have, I think, forgotten what all our memory is for — that it can guide us to choose justice over vengeance
  • Revisiting the forgotten idea of oblivion would give us permission to reconsider our unthinking overdependence on memory and perhaps to begin to let go of all the data, digital and otherwise, that we do not need
  • our personal and political memories, which, left to fester for too long, can corrode and transform, causing us to lose sight of their original force and feeling.
  • Gripped too tightly, memory can become a vengeful and violent force.
  • The unique power of oblivion is that it does not forgive the crimes committed on one side or the other, but rather consecrates and memorializes the profound gravity of the wrongs. It demands accountability and refuses absolution, yet it rejects the project of perpetual punishment.
  • Historically, appeals to oblivion offered political communities the prospect of rethinking the present, presenting a rare opportunity to re-evaluate and confront societal divisions.
Javier E

Revealed: Israeli spy chief 'threatened' ICC prosecutor over war crimes inquiry | Israe... - 0 views

  • The diplomatic efforts were part of a coordinated effort by the governments of Netanyahu and Donald Trump in the US to place public and private pressure on the prosecutor and her staff.Between 2019 and 2020, in an unprecedented decision, the Trump administration imposed visa restrictions and sanctions on the chief prosecutor. The move was in retaliation to Bensouda’s pursuit of a separate investigation into war crimes in Afghanistan, allegedly committed by the Taliban and both Afghan and US military personnel.However, Mike Pompeo, then US secretary of state, linked the sanctions package to the Palestine case. “It’s clear the ICC is only putting Israel in [its] crosshairs for nakedly political purposes,” he said.
Javier E

Opinion | In Indiana, the MAGA Revolution Eats Its Own - The New York Times - 0 views

  • According to the Public Religion Research Institute’s 2023 American Values Atlas, 55 percent of Trump supporters are Christian nationalists, as measured by their agreement with statements like “Being Christian is an important part of being truly American” and “God has called Christians to exercise dominion over all areas of American society.”
  • The Christian right increasingly sees American politics as zero-sum, meaning it is either going to triumph or face subjugation. As Justice Samuel Alito of the Supreme Court was recorded saying, “One side or the other is going to win.”
Javier E

Wrong Case, Right Verdict - The Atlantic - 0 views

  • If Trump does somehow return to the presidency, his highest priority will be smashing up the American legal system to punish it for holding him to some kind of account—and to prevent it from holding him to higher account for the yet-more-terrible charges pending before state and federal courts. The United States can have a second Trump presidency, or it can retain the rule of law, but not both.
Javier E

Opinion | MAGA Turns Against the Constitution - The New York Times - 0 views

  • the problem of public ignorance and fake crises transcends politics. Profound pessimism about the state of the nation is empowering the radical, revolutionary politics that fuels extremists on the right and left.
  • now, for parts of MAGA, the Constitution itself is part of the crisis. If it doesn’t permit Trump to take control, then it must be swept aside.
  • Elements of this argument are now bubbling up across the reactionary, populist right
  • ...28 more annotations...
  • Still others believe that the advent of civil rights laws created, in essence, a second Constitution entirely, one that privileges group identity over individual liberty.
  • Protestant Christian nationalists tend to have a higher regard for the American founding, but they believe it’s been corrupted. They claim that the 1787 Constitution is essentially dead, replaced by progressive power politics that have destroyed constitutional government.
  • Catholic post-liberals believe that liberal democracy itself is problematic. According to their critique, the Constitution’s emphasis on individual liberty “atomizes” American life and degrades the traditional institutions of church and family that sustain human flourishing.
  • The original Constitution and Bill of Rights, while a tremendous advance from the Articles of Confederation, suffered from a singular, near-fatal flaw. They protected Americans from federal tyranny, but they also left states free to oppress American citizens in the most horrific ways
  • if your ultimate aim is the destruction of your political enemies, then the Constitution does indeed stand in your way.
  • Right-wing constitutional critics do get one thing right: The 1787 Constitution is mostly gone, and America’s constitutional structure is substantially different from the way it was at the founding. But that’s a good thing
  • its guardrails against tyranny remain vital and relevant today.
  • Individual states ratified their own constitutions that often purported to protect individual liberty, at least for some citizens, but states were also often violently repressive and fundamentally authoritarian.
  • The criminal justice system could be its own special form of hell. Indigent criminal defendants lacked lawyers, prison conditions were often brutal at a level that would shock the modern conscience, and local law enforcement officers had no real constitutional constraints on their ability to search American citizens and seize their property.
  • Through much of American history, various American states protected slavery, enforced Jim Crow, suppressed voting rights, blocked free speech, and established state churches.
  • As a result, if you were traditionally part of the local ruling class — a white Protestant in the South, like me — you experienced much of American history as a kind of golden era of power and control.
  • The Civil War Amendments changed everything. The combination of the 13th, 14th, and 15th Amendments ended slavery once and for all, extended the reach of the Bill of Rights to protect against government actions at every level, and expanded voting rights.
  • But all of this took time. The end of Reconstruction and the South’s “massive resistance” to desegregation delayed the quest for justice.
  • decades of litigation, activism and political reform have yielded a reality in which contemporary Americans enjoy greater protection for the most fundamental civil liberties than any generation that came before.
  • And those who believe that the civil rights movement impaired individual liberty have to reckon with the truth that Americans enjoy greater freedom from both discrimination and censorship than they did before the movement began.
  • So why are parts of the right so discontent? The answer lies in the difference between power and liberty
  • One of the most important stories of the last century — from the moment the Supreme Court applied the First Amendment to state power in 1925, until the present day — is the way in which white Protestants lost power but gained liberty. Many millions are unhappy with the exchange.
  • Consider the state of the law a century ago. Until the expansion of the Bill of Rights (called “incorporation”) to apply to the states, if you controlled your state and wanted to destroy your enemies, you could oppress them to a remarkable degree. You could deprive them of free speech, you could deprive them of due process, you could force them to pray and read state-approved versions of the Bible.
  • The argument that the Constitution is failing is just as mistaken as the argument that the economy is failing, but it’s politically and culturally more dangerous
  • Powerful people often experience their power as a kind of freedom. A king can feel perfectly free to do what he wants, for example, but that’s not the same thing as liberty.
  • Looked at properly, liberty is the doctrine that defies power. It’s liberty that enables us to exercise our rights.
  • Think of the difference between power and liberty like this — power gives the powerful freedom of action. Liberty, by contrast, protects your freedom of action from the powerful.
  • At their core, right-wing attacks on the modern Constitution are an attack on liberty for the sake of power.
  • An entire class of Americans looks back at decades past and has no memory (or pretends to have no memory) of marginalization and oppression. They could do what they wanted, when they wanted and to whom they wanted.
  • Now they don’t have that same control
  • Muslims, Sikhs, Jews, Buddhists and atheists all approach the public square with the same liberties. Drag queens have the same free speech rights as pastors, and many Americans are livid as a result.
  • when a movement starts to believe that America is in a state of economic crisis, criminal chaos and constitutional collapse, then you can start to see the seeds for revolutionary violence and profound political instability. They believe we live in desperate times, and they turn to desperate measures.
  • “You shall know the truth, and the truth shall set you free.” So much American angst and anger right now is rooted in falsehoods. But the truth can indeed set us free from the rage that tempts American hearts toward tyranny.
Javier E

Opinion | Civil Liberties Make for Strange Bedfellows - The New York Times - 0 views

  • where is the line between government persuasion and government coercion?
  • In Justice Sotomayor’s words, “At the heart of the First Amendment’s Free Speech Clause is the recognition that viewpoint discrimination is uniquely harmful to a free and democratic society.”
  • When the government can pick sides in an ideological debate and wield its power to suppress opposing views, then you’ve laid the foundation for authoritarianism. If free speech is the “dread of tyrants,” then censorship is one of the tyrant’s greatest weapons.
  • ...2 more annotations...
  • As Douglass argued, “To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.”
  • Acts of intimidation are as grave a threat to free speech as restrictive government policies. Again, Douglass said it well: “There can be no right of speech where any man, however lifted up, or however humble, however young, or however old, is overawed by force, and compelled to suppress his honest sentiments.”
Javier E

Opinion | How We've Lost Our Moorings as a Society - The New York Times - 0 views

  • To my mind, one of the saddest things that has happened to America in my lifetime is how much we’ve lost so many of our mangroves. They are endangered everywhere today — but not just in nature.
  • Our society itself has lost so many of its social, normative and political mangroves as well — all those things that used to filter toxic behaviors, buffer political extremism and nurture healthy communities and trusted institutions for young people to grow up in and which hold our society together.
  • You see, shame used to be a mangrove
  • ...28 more annotations...
  • That shame mangrove has been completely uprooted by Trump.
  • The reason people felt ashamed is that they felt fidelity to certain norms — so their cheeks would turn red when they knew they had fallen short
  • in the kind of normless world we have entered where societal, institutional and leadership norms are being eroded,” Seidman said to me, “no one has to feel shame anymore because no norm has been violated.”
  • People in high places doing shameful things is hardly new in American politics and business. What is new, Seidman argued, “is so many people doing it so conspicuously and with such impunity: ‘My words were perfect,’ ‘I’d do it again.’ That is what erodes norms — that and making everyone else feel like suckers for following them.”
  • Nothing is more corrosive to a vibrant democracy and healthy communities, added Seidman, than “when leaders with formal authority behave without moral authority.
  • Without leaders who, through their example and decisions, safeguard our norms and celebrate them and affirm them and reinforce them, the words on paper — the Bill of Rights, the Constitution or the Declaration of Independence — will never unite us.”
  • . Trump wants to destroy our social and legal mangroves and leave us in a broken ethical ecosystem, because he and people like him best thrive in a broken system.
  • He keeps pushing our system to its breaking point, flooding the zone with lies so that the people trust only him and the truth is only what he says it is. In nature, as in society, when you lose your mangroves, you get flooding with lots of mud.
  • Responsibility, especially among those who have taken oaths of office — another vital mangrove — has also experienced serious destruction.
  • It used to be that if you had the incredible privilege of serving as U.S. Supreme Court justice, in your wildest dreams you would never have an American flag hanging upside down
  • Your sense of responsibility to appear above partisan politics to uphold the integrity of the court’s rulings would not allow it.
  • Civil discourse and engaging with those with whom you disagree — instead of immediately calling for them to be fired — also used to be a mangrove.
  • when moral arousal manifests as moral outrage — and immediate demands for firings — “it can result in a vicious cycle of moral outrage being met with equal outrage, as opposed to a virtuous cycle of dialogue and the hard work of forging real understanding.”
  • In November 2022, the Heterodox Academy, a nonprofit advocacy group, surveyed 1,564 full-time college students ages 18 to 24. The group found that nearly three in five students (59 percent) hesitate to speak about controversial topics like religion, politics, race, sexual orientation and gender for fear of negative backlashes by classmates.
  • Locally owned small-town newspapers used to be a mangrove buffering the worst of our national politics. A healthy local newspaper is less likely to go too far to one extreme or another, because its owners and editors live in the community and they know that for their local ecosystem to thrive, they need to preserve and nurture healthy interdependencies
  • in 2023, the loss of local newspapers accelerated to an average of 2.5 per week, “leaving more than 200 counties as ‘news deserts’ and meaning that more than half of all U.S. counties now have limited access to reliable local news and information.”
  • As in nature, it leaves the local ecosystem with fewer healthy interdependencies, making it more vulnerable to invasive species and disease — or, in society, diseased ideas.
  • It’s not that the people in these communities have changed. It’s that if that’s what you are being fed, day in and day out, then you’re going to come to every conversation with a certain set of predispositions that are really hard to break through.”
  • we have gone from you’re not supposed to say “hell” on the radio to a nation that is now being permanently exposed to for-profit systems of political and psychological manipulation (and throw in Russia and China stoking the fires today as well), so people are not just divided, but being divided. Yes, keeping Americans morally outraged is big business at home now and war by other means by our geopolitical rivals.
  • More than ever, we are living in the “never-ending storm” that Seidman described to me back in 2016, in which moral distinctions, context and perspective — all the things that enable people and politicians to make good judgments — get blown away.
  • Blown away — that is exactly what happens to the plants, animals and people in an ecosystem that loses its mangroves.
  • a trend ailing America today: how much we’ve lost our moorings as a society.
  • Civil discourse and engaging with those with whom you disagree — instead of immediately calling for them to be fired — also used to be mangroves.
  • civility itself also used to be a mangrove.
  • “Why the hell not?” Drummond asks.“You’re not supposed to say ‘hell,’ either,” the announcer says.You are not supposed to say “hell,” either. What a quaint thought. That is a polite exclamation point in today’s social media.
  • Another vital mangrove is religious observance. It has been declining for decades:
  • So now the most partisan national voices on Fox News, or MSNBC — or any number of polarizing influencers like Tucker Carlson — go straight from their national studios direct to small-town America, unbuffered by a local paper’s or radio station’s impulse to maintain a community where people feel some degree of connection and mutual respect
  • In a 2021 interview with my colleague Ezra Klein, Barack Obama observed that when he started running for the presidency in 2007, “it was still possible for me to go into a small town, in a disproportionately white conservative town in rural America, and get a fair hearing because people just hadn’t heard of me. … They didn’t have any preconceptions about what I believed. They could just take me at face value.”
« First ‹ Previous 1401 - 1408 of 1408
Showing 20 items per page