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It marked a major victory in the eyes of human rights advocates in the country who have been fighting to hold American service members accountable for violence against Filipina women — which they see as a byproduct of the U.S. military’s 120-year presence

With the Pemberton conviction, it seemed that justice was finally moving in the right direction.

But on Sept. 13, Pemberton was put aboard a U.S. military cargo plane and flown out of the Philippines, a free man. A week earlier, President Rodrigo Duterte made the bombshell announcement that he had granted Pemberton an absolute pardon, nullifying the Marine’s sentence after less than six years served.

After the guilty verdict was announced, the judge ordered Pemberton to start serving his sentence at New Bilibid Prison, the largest detention facility in the Philippines, where more than 26,000 convicted men sleep in crowded cell blocks, disease festers and temperatures can reach over 100 degrees in the summer. But that detention order was revised just hours later

the presidential pardon came just hours after Duterte’s own administration filed a motion to block a court order that would have freed the Marine on other grounds.

the recent developments have seen the case deteriorate into an apparent tool for political leverage rather than justice

“This should give us a lesson that the U.S. has no respect for our sovereignty,” Virginia Lacsa Suarez, the attorney for the Laude family, told The New York Times in response to the court order to release Pemberton that was issued even before the pardon. “It shows that the U.S. looks down on us, that the U.S. does not even respect our laws.

From the beginning, the United States maintained an influence over the Pemberton case, despite the Philippines’ jurisdiction over crimes committed by U.S. service members. In 2014, Pemberton was first questioned by the United States Naval Criminal Investigative Service instead of Philippine police, and he was initially held onboard his ship, the U.S.S. Peleliu, anchored in Subic Bay, and then under U.S. guard at a Philippine military base, instead of in a Philippine jail. After he was arrested, the Marine Corps hired an attorney to represent him and paid all his legal fees, which had exceeded $550,000 by this fall

The pardon is the final chapter of a polarizing, high-profile case that has cost the U.S. Marine Corps more than half a million dollars and provoked debate over decades-old defense treaties between the two countries.

The agreement grants the United States considerable privileges toward determining where convicted American personnel will be detained, and Pemberton remained in a private air-conditioned cell fashioned from a shipping container at Camp Aguinaldo, a Philippine military base where he was monitored by two guards from the Philippine Bureau of Corrections and a steady rotation of U.S. service members. Pemberton’s rank remained unchanged and he continued receiving his monthly salary of about $2,300, totaling more than $160,000 since the killing.

brought back bitter memories for Filipinos of another case in which a U.S. Marine was accused of rape. In 2006, Lance Cpl. Daniel Smith received a 40-year prison sentence for raping Suzette Nicolas

Smith was held briefly in a Philippine jail, but after the United States canceled a joint military exercise in the Philippines, he was handed over to the U.S. Embassy. Smith remained at the embassy for more than two years, until Nicolas unexpectedly recanted her accusation and Smith was acquitted and returned home.

“In both cases, there are many forces trying to undermine the testimonies of the victims, or the witnesses or their families,

From the get-go, it was fishy,

Garcia-Flores had submitted a motion under the Philippines’ Good Conduct Time Allowance law, and Judge Roline Ginez-Jabalde, the same official who convicted Pemberton in 2015, ruled that the Marine was free to go, on the grounds that he had already served almost six years and had earned four years off his sentence for good behavior while in custody.

“A crime happened, and Pemberton paid for it under the Philippine law without any special privileges,” Garcia-Flores says. “If people think that he’s being given some special treatment, they are wrong.”

Suarez immediately moved to oppose Pemberton’s release, and so did the Department of Justice, arguing that only the Bureau of Corrections, not the Philippine courts, had the authority to determine whether Pemberton deserved time off his sentence for good conduct

Duterte met with Secretary of Justice Menardo Guevarra to discuss his constitutional right to grant an absolute pardon. At 4:51 p.m. the same day, Duterte’s secretary of foreign affairs, Teodoro Locsin Jr., announced the pardon in a tweet. “If there is a time when you are called upon to be fair, be fair,” Dutuerte said later in a televised address.

The news drew protests as the president’s critics took to social media and the streets, organizing demonstrations in Manila to voice their anger at Duterte’s decision. Many members of the L.G.B.T.Q. community thought the president was sending a signal that the Philippine government doesn’t believe that the lives of transgender women are important.

Beyond the question of whether the pardon was an anti-trans reaction by Duterte, it may have also been a strategic move to gain an advantage in relations with the United States

In February, Duterte gave notice that he was terminating the Visiting Forces Agreement, a move that many interpreted as a response to the U.S. State Department revoking the visa of Senator Ronald dela Rosa, the former National Police chief widely regarded as the architect of the administration’s notoriously violent war on drugs. Then in June, Duterte confirmed that he wouldn’t be canceling the agreement for at least another six months, and in July, dela Rosa announced that the United States would be reinstating his visa.

Despite Duterte’s outwardly critical stance toward the United States, relations between the two countries remain strong.

It’s the latest in more than $1.5 billion in arms that Duterte’s administration has moved to purchase from the United States this year, despite calls from Human Rights Watch for Congress to block the sales, citing the Philippine armed forces’ lengthy history of military and human rights abuses

Duterte was always likely to take a pragmatic approach to Pemberton’s release. “He’s willing to engage with us, but it’s not his first preference in most situations,” Schaus says. “But when an opportunity presents itself to advance his priorities in a way that is palatable to him, he’s willing to entertain it

necessary precautions in countries where the United States wants to maintain a strategic presence — including the Philippines, a key player in responding to China’s rising power in the western Pacific.

The Visiting Forces Agreement ensures that the two countries have a predetermined process to be followed if a service member is arrested and charged with a crime, when tensions are likely to be high.

Upon leaving the Philippines on Sunday, Pemberton was brought to Camp Smith in Hawaii. “The Marine Corps is taking appropriate administrative action,” Perrine said. He was unable to indicate whether Pemberton will be demoted, or if he will be given a less-than-honorable discharge.

"It changes the result of the election in Michigan if you take out Wayne County," Giuliani said

Giuliani's team is also making absurd claims of a massive, centralized, Democratic conspiracy involving long-dead Venezuelan dictator Hugo Chavez, Cuba, China, the Clinton Foundation and George Soros to throw the election.

"The problem is, he's speaking for the President of the United States," veteran Republican elections lawyer Benjamin Ginsberg told CNN's Wolf Blitzer."It is a sweeping, totally unsubstantiated attack on one of the basic foundations of the country -- our free elections."

"I am worried that any lawmakers who attend this ridiculous meet and greet are really attending a conspiratorial meeting to steal the election," Tribe told CNN's Erin Burnett. "There's no question that the meeting that is being held is illegal. There is no question that it really is designed quite corruptly to take away people's right to vote."

"It's quite clear that Republican, as well as Democratic judges, are going to follow the law when there is no ambiguity," Tribe said. "The only guy who seems to be uninterested in the law is Rudy Giuliani, and God knows what he is auditioning for."

Trump would need to cancel out Biden's victories in multiple states to come anywhere near the 270 electoral votes to clinch the presidency.

CNN election law expert Rick Hasen wrote on his website that the President's meddling with the Wayne County election officials "is very dangerous for our democracy, as it is an attempt to thwart the will of the voters through political pressure from the President."

Republicans, like Senate Majority Leader Mitch McConnell, who have given the President latitude to challenge the result without mounting a credible case, now begin to look as though they are facilitating his most extreme assault yet on US democracy.

"That press conference was the most dangerous 1hr 45 minutes of television in American history. And possibly the craziest. If you don't know what I'm talking about, you're lucky," Krebs wrote.

President-elect Biden, watching from Wilmington, Delaware, as he builds out his Cabinet, said that Trump was sending "incredibly damaging messages" to the rest of the world about how democracy works.

"It's going to be another incident where he will go down in history as being one of the most irresponsible presidents in American history. ... It's just outrageous what he's doing."

The US on Thursday hit another one-day record for new cases -- more than 182,000, according to tallies from Johns Hopkins University.

while the optimism of officials like Dr. Anthony Fauci and Dr. Deborah Birx over a coming vaccine were genuine, their warnings that Americans should not gather this Thanksgiving as the virus rages comprehensively debunked Trump's claims the pandemic is already over.

After hundreds of voters called into the canvass board Zoom meeting to express outrage about the potential effort to disenfranchise Detroit-area voters, the two GOP board members relented and voted to certify the results Tuesday night, but they then filed affidavits Wednesday asking to "rescind" their action -- which is not expected to have any practical effect on the certification.

CNN's Dana Bash and Gloria Borger, for instance, quoted sources as saying that the President, who believes that the Russia investigation dented his own legitimacy, is now trying to ruin Biden's presidency. And in the end, the courts -- and the institutional system that Trump has relentlessly pummeled over the last four years -- still seem likely to hold firm against his power-hungry schemes.

He made a racist argument that election results should be overturned by tossing out hundreds of thousands of votes in large cities dominated by Black voters, including Detroit and Philadelphia, where he claimed the number of voter fraud cases "could fill a library."

"The only surprise I would have found in this is that Philadelphia hadn't cheated in this election, because for the last 60 years, they've cheated in just about every single election. You could say the same thing about Detroit," Giuliani said at one point. "Each one of these cities are cities that are controlled by Democrats, which means they can get away with anything they want to do."

One affidavit Giuliani highlighted has already been rejected by a judge, and many have been vague, contradictory and devoid of evidence, showing isolated incidents or suspicions of illegal behavior not rooted in facts.

Highlighting the Trump campaign's naked effort to disenfranchise voters, the judge explicitly noted that there was no evidence of fraud related to the ballots the Trump campaign was seeking to throw out: "There exists no evidence of any fraud, misconduct, or any impropriety with respect to the challenged ballots," Baldi wrote in his opinion. "There is nothing in the record and nothing alleged that would lead to the conclusion that any of the challenged ballots were submitted by someone not qualified or entitled to vote in this election."

"Having failed to make even a plausible case of widespread fraud or conspiracy before any court of law, the President has now resorted to overt pressure on state and local officials to subvert the will of the people and overturn the election," Romney said in a statement posted to Twitter.

"It is difficult to imagine a worse, more undemocratic action by a sitting American President."

Justice Scalia, who died in 2016, repeatedly and unequivocally urged that Roe be overruled, arguing that the Constitution says nothing about abortion and states should be allowed to decide the question for themselves. Judge Barrett’s scholarly writings suggest she would have no hesitation in overruling Roe, either, nor those “liberty” decisions. She wrote, “I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks clearly in conflict with it.”

The court, voting 5-4, said that this violated the principle that Congress must treat all states alike. But no such requirement is found in the Constitution. Moreover, the Congress that ratified the 14th Amendment imposed Reconstruction on Southern states, showing that it did not mean to treat all states alike.

But now, with the confirmation of Judge Barrett, it will be a dominant theory on the Supreme Court. Make no mistake, it is just as much a threat to all of our rights as when Robert Bork espoused it more than 30 years ago.

Black residents in Sumter make up a reliable Democratic base, while whites are often divided, as one local put it, between liberal “come heres,” like Habitat employees, and conservative, locally raised, “been heres.”

Before it fell away, Mr. Calhoun’s white progressivism had a homegrown flavor, steeped in Georgia’s history, countercultural currents and higher education system. He preached criminal justice reform and broadcast his support for Hillary Clinton.

Then came his abrupt turn, and a headlong descent into some of the darkest places in Georgia history. He peppered his social media posts with racial slurs, referring to Vice President Kamala Harris as a “fake negro.” He saluted the Confederacy, and he seemed to thirst for civil war.

He was not an unlettered man: In his years at school, Mr. Calhoun had written a master’s thesis on the historiography of Napoleon’s peninsular war and had attended a law seminar in Belgium. His profile — a well-educated, white-collar white man — matched that of some of the other Georgians who stormed the U.S. Capitol on Jan. 6

The crowd that came from Georgia included a 53-year-old investment portfolio manager and a 65-year-old accountant. It included Cleveland Grover Meredith Jr., 51, a successful business owner who graduated from an elite Atlanta prep school, who was arrested in Washington the day after the riot with guns, hundreds of rounds of ammunition and a phone with his text messages about “putting a bullet” into Speaker Nancy Pelosi’s head.

he began a law career in Americus, an old Confederate cotton town and the seat of Sumter County, about 140 miles south of Atlanta. Sumter has for decades played an important role in liberal Georgia’s sense of possibility. A multiracial Christian commune, Koinonia Farm, was founded there in the 1940s. Jimmy Carter lives in the tiny town of Plains, and the nonprofit Habitat for Humanity, founded by a Koinonia family, is headquartered in Americus

while Mr. Calhoun’s politics had changed drastically, Mr. Lankford said, his personality had not.“He’s the same old banty rooster, just on the other side of the fence,” Mr. Lankford said.

Rev. Wright suggested that the racism deep at the root of Georgia’s history was still very much alive, even if white people, including some of those who saw themselves as progressive, did not want to admit it. “What President Trump did was allow it to bud and to grow,” he said. “A lot of people who had been suppressing it no longer felt that they had to suppress it.”

“I was a Democrat for 30 years,” he wrote in a recent social media post. The new gun control proposals changed that, he said. “I was called a white supremacist and a racist for defending the 2A,” he continued, using a shorthand for the Second Amendment. Given all that he had done as a lawyer for “justice,” he said, “that hurt my feelings a little. That’s when I became a Trump supporter.”

His conversion was total. By the fall of 2020 he was posting about a looming “domestic communist problem” and the “rioting BLM-Antifa crime wave.” Of Joe Biden, he wrote: “Hang the bastard.”

Old friends were baffled, and some grew nervous. “I’ll be slinging enough hot lead to stack you commies up like cordwood,” Mr. Calhoun wrote on Twitter in October. Then, a few days later: “Standing by, and when Trump makes the call, millions of heavily armed, pissed off patriots are coming to Washington.”

After the election, Mr. Calhoun held a small gun rights rally in town, and the violent posts continued, with talk of civil war, mounting heads on pikes and showing the Democratic congresswoman Ilhan Omar “what the bottom of the river looks like.” In December, a reporter for The Globe and Mail, a Canadian newspaper, found Mr. Calhoun buying a Confederate flag outside a Trump rally. “This is about independence and freedom,” Mr. Calhoun told the reporter, describing Trumpism and Southern secession as similarly justified fights against tyranny.

On Jan. 6, Mr. Calhoun’s posts showed he had made his way inside the U.S. Capitol with the mob. “The first of us who got upstairs kicked in Nancy Pelosi’s office door,” he wrote in one post. “Crazy Nancy probably would have been torn into little pieces, but she was nowhere to be seen.”

A week later, federal agents arrested him at his sister’s house in Macon, Ga., where he had stockpiled two AR-15-style assault rifles, two shotguns, a handgun, brass knuckles and hundreds of rounds of ammunition, according to the testimony of an F.B.I. agent.

After the 2016 election, an old friend, Bob Fortin, remembers Mr. Calhoun excoriating him for voting for Mr. Trump. “He cussed me out in his kitchen,” said Mr. Fortin, who said he later regretted his vote. “He made me feel like a complete ass.”

At Mr. Calhoun’s Jan. 21 court hearing in Macon, Charles H. Weigle, the federal magistrate judge, ruled that there was probable cause to believe that Mr. Calhoun had committed crimes when he stormed the Capitol.

A man who had committed such “extreme violence,” the judge said — who believed that it was his patriotic duty to take up arms and fight in a new civil war — constituted a danger to the community.The judge sent Mr. Calhoun back to jail.

“If courts don’t have to defend their decisions, then they’re just acts of will, of power. They’re not even pretending to be legal decisions.”

On that docket — the “merits docket” — the court ordinarily agrees to hear about 1 percent of the petitions asking it to intercede. In its last term, it decided just 53 merits cases.

“The political branches of government claim legitimacy by election, judges by reason,” he wrote. “Any step that withdraws an element of the judicial process from public view makes the ensuing decision look more like fiat, which requires compelling justification.”

The Trump administration has been a major contributor to the trend, Professor Vladeck wrote, having filed 36 emergency applications in its first three and a half years.

Lower courts have struggled to make sense of the court’s orders, which are something less than precedents but nonetheless cannot be ignored by responsible judges.

One is that Republicans tend to win.

“federal courts ordinarily should not alter state election rules in the period close to an election.”

A trial judge refused to block it, but, about a month before the 2006 general election, the U.S. Court of Appeals for the Ninth Circuit issued an injunction forbidding state officials to enforce it.

“The Purcell principle,” he wrote, is “the idea that courts should not issue orders which change election rules in the period just before the election.”

“No one can read Purcell itself and think it created the doctrine that it now has been transformed into by the Supreme Court.”

“bolster the legitimacy of the court in the eyes of the public, something especially important in controversial cases, such as election cases.” And they “may also discipline justices into deciding similar cases alike, regardless of the identity of the parties.”

As a federal appeals judge, Judge Barrett has often ruled in ways friendly to employers. She has joined rulings that stopped a case in which the U.S. Equal Employment Opportunity Commission objected to a company that allegedly assigned workers to particular geographic locations based on race and ethnicity and that limit the scope of laws prohibiting age discrimination.

In the following decades, the court became publicly associated with liberalism and civil rights. But just as the conservatives of an earlier generation recognized that the courts could be used to override majorities that pushed for limitations of property rights, in the summer of 1971, the lawyer Lewis Powell wrote a memorandum for the United States Chamber of Commerce, “Attack on the American Free Enterprise System.”

Soon after, Richard Nixon nominated Powell for the Supreme Court; he was a justice for 15 years, and his rulings helped to expand the First Amendment rights enjoyed by corporations, paving the way for Citizens United.

But these cases in themselves are less significant than the underlying question: Will the Supreme Court become once more what it was in the early 20th century

And it could mean that — as has so often been the case in recent years — workers, ordinary citizens and the very possibility of democratic governance will again lose out.

In the American system, it is the voters, the courts, and Congress that are meant to serve as checks on a president’s behavior, not the generals. Civilians provide direction, funding, and oversight; the military then follows lawful orders.

“As chairman, you swear to support and defend the Constitution of the United States, but what if the commander in chief is undermining the Constitution?” McMaster said to me.

“General Milley has done an extraordinary job under the most extraordinary of circumstances,” Gates said. “I’ve worked for eight presidents, and not even Lyndon Johnson or Richard Nixon in their angriest moments would have considered doing or saying some of the things that were said between the election and January 6.

Trump called Gallagher a hero and said he didn’t understand why he was being punished.“Because he slit the throat of a wounded prisoner,” Milley said.“The guy was going to die anyway,” Trump said.

Milley answered, “Mr. President, we have military ethics and laws about what happens in battle. We can’t do that kind of thing. It’s a war crime.” Trump answered that he didn’t understand “the big deal.” He went on, “You guys”—meaning combat soldiers—“are all just killers. What’s the difference?”

There’s a little bit of a ‘There but for the grace of God go I’ feeling in all of this. What happened to Gallagher can happen to many human beings.” Milley told me about a book given to him by a friend, Aviv Kochavi, a former chief of staff of the Israel Defense Forces. The book, by an American academic named Christopher Browning, is called Ordinary Men: Reserve Police Battalion 101 and the Final Solution in Poland.

“It’s a great book,” Milley said. “It’s about these average police officers from Hamburg who get drafted, become a police battalion that follows the Wehrmacht into Poland, and wind up slaughtering Jews and committing genocide. They just devolve into barbaric acts. It’s about moral degradation.”

During Milley’s time in the Trump administration, the disagreements and misunderstandings between the Pentagon and the White House all seemed to follow the same pattern: The president—who was incapable of understanding or unwilling to understand the aspirations and rules that guide the military—would continually try to politicize an apolitical institution.

The image of a general in combat fatigues walking with a president who has a well-known affection for the Insurrection Act—the 1807 law that allows presidents to deploy the military to put down domestic riots and rebellions—caused consternation and anger across the senior-officer ranks, and among retired military leaders.

According to Esper, Trump desperately wanted a violent response to the protesters, asking, “Can’t you just shoot them? Just shoot them in the legs or something?” When I raised this with Milley, he explained, somewhat obliquely, how he would manage the president’s eruptions.“It was a rhetorical question,” Milley explained. “ ‘Can’t you just shoot them in the legs?’ ”“He never actually ordered you to shoot anyone in the legs?” I asked.“Right. This could be interpreted many, many different ways,” he said.

Milley and others around Trump used different methods to handle the unstable president. “You can judge my success or failure on this, but I always tried to use persuasion with the president, not undermine or go around him or slow-roll,” Milley told me. “I would present my argument to him. The president makes decisions, and if the president ordered us to do X, Y, or Z and it was legal, we would do it. If it’s not legal, it’s my job to say it’s illegal, and here’s why it’s illegal. I would emphasize cost and risk of the various courses of action. My job, then and now, is to let the president know what the course of action could be, let them know what the cost is, what the risks and benefits are. And then make a recommendation. That’s what I’ve done under both presidents.”

He went on to say, “President Trump never ordered me to tell the military to do something illegal. He never did that. I think that’s an important point.”

For his part, General Chiarelli concluded that his friend had simply been in the wrong place at the wrong time. Quoting Peter Feaver, an academic expert on civil-military relations, Chiarelli said, “You have to judge Mark like you judge Olympic divers—by the difficulty of the dive.”

That summer, Milley visited Chiarelli in Washington State and, over breakfast, described what he thought was coming next. “It was unbelievable. This is August 2, and he laid out in specific detail what his concerns were between August and Inauguration Day. He identified one of his biggest concerns as January 6,” the day the Senate was to meet to certify the election. “It was almost like a crystal ball.”

Chiarelli said that Milley told him it was possible, based on his observations of the president and his advisers, that they would not accept an Election Day loss. Specifically, Milley worried that Trump would trigger a war—an “October surprise”­—to create chaotic conditions in the lead-up to the election. Chiarelli mentioned the continuous skirmishes inside the White House between those who were seeking to attack Iran, ostensibly over its nuclear program, and those, like Milley, who could not justify a large-scale preemptive strike.

In the crucial period after his road-to-Damascus conversion, Milley set several goals for himself: keep the U.S. out of reckless, unnecessary wars overseas; maintain the military’s integrity, and his own; and prevent the administration from using the military against the American people. He told uniformed and civilian officials that the military would play no part in any attempt by Trump to illegally remain in office.

The desire on the part of Trump and his loyalists to utilize the Insurrection Act was unabating. Stephen Miller, the Trump adviser whom Milley is said to have called “Rasputin,” was vociferous on this point. Less than a week after George Floyd was murdered, Miller told Trump in an Oval Office meeting, “Mr. President, they are burning America down. Antifa, Black Lives Matter—they’re burning it down. You have an insurrection on your hands. Barbarians are at the gate.”

According to Woodward and Costa in Peril, Milley responded, “Shut the fuck up, Steve.” Then he turned to Trump. “Mr. President, they are not burning it down.”

In the weeks before the election, Milley was a dervish of activity. He spent much of his time talking with American allies and adversaries, all worried about the stability of the United States. In what would become his most discussed move, first reported by Woodward and Costa, he called Chinese General Li Zuocheng, his People’s Liberation Army counterpart, on October 30, after receiving intelligence that China believed Trump was going to order an attack

“General Li, I want to assure you that the American government is stable and everything is going to be okay,” Milley said, according to Peril. “We are not going to attack or conduct any kinetic operations against you. General Li, you and I have known each other for now five years. If we’re going to attack, I’m going to call you ahead of time. It’s not going to be a surprise … If there was a war or some kind of kinetic action between the United States and China, there’s going to be a buildup, just like there has been always in history.”

Milley later told the Senate Armed Services Committee that this call, and a second one two days after the January 6 insurrection, represented an attempt to “deconflict military actions, manage crisis, and prevent war between great powers that are armed with the world’s most deadliest weapons.”

Milley also spoke with lawmakers and media figures in the days leading up to the election, promising that the military would play no role in its outcome. In a call on the Saturday before Election Day, Milley told news anchors including George Stephan­opoulos, Lester Holt, and Norah O’Donnell that the military’s role was to protect democracy, not undermine it.

“The context was ‘We know how fraught things are, and we have a sense of what might happen, and we’re not going to let Trump do it,’ ” Stephanopoulos told me. “He was saying that the military was there to serve the country, and it was clear by implication that the military was not going to be part of a coup.” It seemed, Stephanopoulos said, that Milley was “desperately trying not to politicize the military.

“The motto of the United States Army for over 200 years, since 14 June 1775 … has been ‘This we will defend,’ ” Milley said. “And the ‘this’ refers to the Constitution and to protect the liberty of the American people. You see, we are unique among armies. We are unique among militaries. We do not take an oath to a king or queen, a tyrant or dictator. We do not take an oath to an individual. No, we do not take an oath to a country, a tribe, or religion. We take an oath to the Constitution … We will never turn our back on our duty to protect and defend the idea that is America, the Constitution of the United States, against all enemies, foreign and domestic.”

He closed with words from Thomas Paine: “These are times that try men’s souls. And the summer soldier and the sunshine Patriot will in this crisis shrink from the service of their country. But he who stands by it deserves the love of man and woman. For tyranny, like hell, is not easily conquered.”

“World War II ended with the establishment of the rules-based international order. People often ridicule it—they call it ‘globalism’ and so on—but in fact, in my view, World War II was fought in order to establish a better peace,” Milley told me. “We the Americans are the primary authors of the basic rules of the road—and these rules are under stress, and they’re fraying at the edges. That’s why Ukraine is so important. President Putin has made a mockery of those rules. He’s making a mockery of everything. He has assaulted the very first principle of the United Nations, which is that you can’t tolerate wars of aggression and you can’t allow large countries to attack small countries by military means. He is making a direct frontal assault on the rules that were written in 1945.”

“It is incumbent upon all of us in positions of leadership to do the very best to maintain a sense of global stability,” Milley told me. “If we don’t, we’re going to pay the butcher’s bill. It will be horrific, worse than World War I, worse than World War II.”

If Trump is reelected president, there will be no Espers or Milleys in his administration. Nor will there be any officials of the stature and independence of John Kelly, H. R. McMaster, or James Mattis. Trump and his allies have already threatened officials they see as disloyal with imprisonment, and there is little reason to imagine that he would not attempt to carry out his threats.

the position of white Evangelicals, in particular, has totally transformed on the matter. Between 2011 and 2016, white Evangelicals went from the American demographic least likely to agree that “an elected official who commits an immoral act in their personal life can still behave ethically and fulfill their duties” to the group most likely to agree with that statement.

As a wise retired federal judge once told me, when someone says “Yes, but” the only words that matter come after the “but.” The “yes” is appeasement; the “but” is belief.

We live in a time of partisan animosity so great that an October NBC News poll found that 80 percent of Democrats and Republicans “believe the political opposition poses a threat that, if not stopped, will destroy America as we know it.”

In those circumstances, the quest for character becomes a form of luxury belief. It’s what you cling to in safer, more secure times

That same poll found that “two-thirds of reliable Democratic and Republican voters say they’d still support their party’s political candidate, even if that person had a moral failing that wasn’t consistent with their own values.”

This transformation made Donald Trump’s presidency possible, and it is a grave mistake. Good character should never be optional in leaders, and strength of character is more important in difficult times.

Competence is quite often a key by-product of good character. Indeed, I’d say it’s an aspect of good character.

But it’s now wrong to simply assert that truth as self-evident. Millions of Americans disagree

Why are they wrong? The evidence is everywhere, if you know where to look. While bad policy can be extraordinarily consequential, our current political dysfunctions are mainly due to bad character.

Negative partisanship is now a central fact of American politics. Millions of Americans now support their political party not because they love its politicians or its policies, but because they hate and fear the other side.

Consider the challenge of mutual hatred

partisan Americans consistently misjudge their ideological adversaries. They rate them as far more extreme than they really are.

How many politicians raise money and gain power by stoking as much hatred as possible? How often are they exaggerating the threat of their opponents? How often are they engaged in outright lies?

Or consider the distrust of American institutions.

This is the political assertion that meets with perhaps the ultimate “yes, but” response. “Yes, but so does policy.” “Yes, but no one is perfect.” “Yes, but we need to fight fire with fire.”

the best lawyers, the best doctors, the best military officers, and the best corporate leaders combine a set of skills that include not just self-discipline and an inquisitive mind, but also an innate curiosity and openness that allows them to understand and absorb new information and competing ideas.

The instant a person becomes so convinced of their own excellence that they lose those qualities is the instant that their hubris can destroy their competence.

American institutions lose trust not just because they’re corrupt (an obvious sign of bad character), but also because they’re sloppy or inefficient, or just can’t accomplish the most necessary tasks.

Or think of the challenges to democracy itself.

The conspiracies that culminated in the violent attempted coup on January 6 were entirely the product of one of the most colossal character failures in the history of the United States. Donald Trump’s malicious lies and will to power were the obvious first causes of the riot

consider the cascading character failures that led to the attack.

Most of Trump’s staff folded

when they crack, all their policy ideas are but dust in the wind. On January 6, for example, America was only one more crack away—a Mike Pence “yes” to Trump’s scheme—from the worst constitutional crisis since 1861.

Almost the entire right-wing infotainment industry gave in

What ultimately stopped Trump? Character. It was the character of judges—including Federalist Society judges—who turned back dozens of election challenges

It was the character of members of Congress, including both Democratic and Republican leaders, who decided they would return to the House chamber and finish counting the electoral votes that would secure Joe Biden’s lawful electoral victory.

While I disagreed with Pence on countless occasions before January 6, he was at the eye of that hurricane, and he stood firm.

Bad character is a long-term threat. The smoking analogy is valid. But January 6 taught me that bad character can function as an immediate threat as well. Like a gun to the head.

Most of the Republicans in Congress followed suit

“The modern Republican Party is essentially a hostage crisis in which each wing could kill the party by bolting the coalition but only one wing is willing to do it and both sides know it.”

The MAGA wing will stay home if its demands aren’t met. The establishment, by contrast, dutifully marches to the polls, no matter who has the “R” by their name.

This has to change. It is not the case, for example, that a Republican Senate candidate is running “only” to be a vote, and not a leader. There is no such thing as “only” voting.

When you distrust or despise your enemy enough, character is often the first casualty of political combat. But if we kill character, we risk killing our country. We cannot survive the complete corruption of our political class.

The report, as Svrluga writes, “paints a picture of a university that discouraged people from reporting crimes, underreported the claims it received and, meanwhile, marketed its Virginia campus as one of the safest in the country.” The details are grim. According to the report, “Liberty failed to warn the campus community about gas leaks, bomb threats and people credibly accused of repeated acts of sexual violence — including a senior administrator and an athlete.”

A campus safety consultant told Svrluga, “This is the single most blistering Clery report I have ever read. Ever.”

I’ve been following (and covering) Liberty’s moral collapse for years, and the list of scandals and lawsuits plaguing the school is extraordinarily long. The best known of these is the saga of Jerry Falwell Jr. Falwell, the former president and son of the school’s founder, resigned amid allegations of sexual misconduct involving himself, his wife and a pool boy turned business associate named Giancarlo Granda.

Why? Because he realized the health of the church wasn’t up to the state, nor was it dependent on the church’s nonbelieving neighbors.

Paul demonstrates ferocious anger at the church’s internal sin, but says this about those outside the congregation: “What business is it of mine to judge those outside the church? Are you not to judge those inside? God will judge those outside. ‘Expel the wicked person from among you.’”

Yet as we witness systemic misconduct unfold at institution after institution after institution, often without any real accountability, we can understand that many members of the church have gotten Paul’s equation exactly backward. They are remarkably tolerant of even the most wayward, dishonest and cruel individuals and institutions in American Christianity. At the same time, they approach those outside with a degree of anger and ferocity that’s profoundly contributing to American polarization.

Under this moral construct, internal critique is perceived as a threat, a way of weakening American evangelicalism. It’s seen as contributing to external hostility and possibly even the rapid secularization of American life that’s now underway. But Paul would scoff at such a notion. One of the church’s greatest apostles didn’t hold back from critiquing a church that faced far greater cultural or political headwinds — including brutal and deadly persecution at the hands of the Roman state — than the average evangelical can possibly imagine.

Falwell is nationally prominent in part because he was one of Donald Trump’s earliest and most enthusiastic evangelical supporters. Falwell sued the school, the school sued Falwell, and in September Falwell filed a scorching amended complaint, claiming that other high-ranking Liberty officers and board members had committed acts of sexual and financial misconduct yet were permitted to retain their positions

Liberty University is consequential not just because it’s an academic superpower in Christian America, but also because it’s a symbol of a key reality of evangelical life — we have met the enemy of American Christianity, and it is us.

Leaders in the deeply conservative Utah say they need the law to protect women's sports. As cultural shifts raise LGBTQ visibility, the lawmakers argue that, without their intervention, more transgender athletes with apparent physical advantages could eventually dominate the field and change the nature of women's sports.

he team is also partially owned by NBA all-star Dwyane Wade, who has a transgender daughter.

The looming threat of a lawsuit worries school districts and the Utah High School Athletic Association, which has said it lacks the funds to defend the policy in court. Later Friday, lawmakers are expected to change the bill so state money would cover legal fees.

The group Visit Salt Lake, which hosts conferences, shows and events, said the override could cost the state $50 million in lost revenue. The Utah-based DNA-testing genealogy giant Ancestry.com also urged the Legislature to find another way. The American Principles Project is confident that states with bans won't face boycotts like North Carolina did after limiting public restrooms transgender people could use. It focused on legislation in populous, economic juggernaut states like Texas and Florida that would be harder to boycott, Schilling said.

Friday's deliberations came after more than a year of debate and negotiation between social conservatives and LGBTQ advocates. Republican sponsor Rep. Kera Birkeland worked with Cox and civil rights activists at Equality Utah before introducing legislation that would require transgender student-athletes to go before a government-appointed commission.

The proposal, although framed as a compromise, failed to gain traction on either side. LGBTQ advocates took issue with Republican politicians appointing commission members and evaluation criteria that included body measurements such as hip-to-knee ratio.

But the ban won support from a vocal conservative base that has particular sway in Utah's state primary season. Even with primaries looming, however, some Republicans stood with Cox to reject the ban.

Ready for more bad infectious diseases news? There's an outbreak of bird flu making its way into U.S. poultry flocks. If the virus continues to spread, it could affect poultry prices — already higher amid widespread inflation. The price of chicken breasts this week averaged $3.63 per pound at U.S. supermarkets — up from $3.01 a week earlier and $2.42 at this time last year, the Agriculture Department says.

The latest data from the USDA show 59 confirmed sites of avian flu across commercial and backyard flocks in 17 states since the start of the year. That figure includes chickens, turkey and other poultry. The USDA identified a case of avian flu in a wild bird in mid-January, the first detection of the virus in wild birds in the U.S. since 2016. Wild birds can spread the virus to commercial and backyard flocks. By Feb. 9, the virus had been identified in a commercial flock in Indiana.

The last major avian flu outbreak in the U.S. was from December 2014 to June 2015, when more than 50 million chickens and turkeys either died from highly pathogenic avian influenza (HPAI) or were destroyed to stop its spread.

Whether the 2022 avian flu will affect the price of eggs and poultry depends on how widespread it becomes, says Ron Kean, a poultry science expert at the University of Wisconsin-Madison Department of Animal and Dairy Sciences. "In 2015, we did see quite an increase in egg prices," Kean told Wisconsin Public Radio. "The chicken meat wasn't severely affected at that time. We did see quite a loss in turkeys, so turkey prices went up. So, we'll see. If a lot of farms contract this, then we could see some real increases in price."

For producers who suspect their flock may be affected by avian flu, the USDA has a guide to the warning signs, including a sudden increase in bird deaths, lack of energy and appetite, and a decrease in egg production. If a flock is found to be infected by bird flu, the USDA moves quickly — within 24 hours — to assist producers to destroy the flock and prevent the virus from spreading.

A new Virginia state law prohibiting mask mandates in public schools does not apply to 12 students with disabilities whose parents challenged the law, a federal judge has ruled. Last month, the parents of 12 students across Virginia asked the court to halt enforcement of the law, saying it violated their rights under the federal American with Disabilities Act. The law, signed by newly elected Republican Gov. Glenn Youngkin, went into effect March 1; it gives parents a say over whether their children should wear masks in school.

The group of parents have children whose health conditions range from cystic fibrosis to asthma that put them at heightened risk for COVID-19.

The American Civil Liberties Union, which was one of several legal organizations that filed on behalf of the plaintiffs, said the injunction served as a "blueprint."

In a statement, Virginia Attorney General Jason Miyares said the ruling affirms that "parents have the right to make choices for their children."

When Judge Katanji Brown Jackson entered the Senate chamber this week to face questions on her readiness to join the Supreme Court, she did so as the first Black woman in the nation's history to be nominated to that position. For many Black law students and professionals, including a group of 150 who traveled from across the country to watch the historic hearing, Jackson's rise to likely associate justice gives a message of profound hope for what they too might one day be able to accomplish.

Dudley was one of 100 law students selected nationwide to attend a series of events and watch parties for Jackson's nomination, hosted by the progressive organization, Demand Justice. The group also included 50 public defenders — a nod to Jackson's own background in that field. "I see a lot of myself in her. I see a lot of my friends in her, and I wanted to be there to support," Dudley said, calling Jackson "overly qualified to sit on the Supreme Court."

The cohort of legal professionals cheered on Jackson as she faced questions from Republicans about her past cases, particularly those relating to child sex abuse, and on what school of thought she would bring to determining the constitutionality of high-profile cases. Republicans had vowed to oppose President Joe Biden's nominees to the court, and when news of Justice Stephen Breyer's imminent retirement broke, the GOP quickly mobilized to attack potential nominees who might replace the longtime liberal justice on the bench.

Particularly, some sentencing decisions in child pornography cases drew GOP fire. But Jackson's measured responses throughout the three days of questioning solidified the support of many onlookers, who reveled in what it would mean to have a Black woman sit on the bench for the first time in the court's 233-year history. "The fact of the matter is that I'm the father of three black girls, right? And to be able to tell them that finally, someone who is Black — female nonetheless — is finally on the precipice of a mountain that has never been climbed before by any other Black woman, is huge," said Edrius Stagg, a third-year law student at Southern University Law Center in Baton Rouge.

Sen. Joe Manchin of West Virginia — whose break from Democrats on a number of politically fraught votes had worried some as to whether he would support Biden's nominee — announced on Friday he would vote in favor of Jackson's confirmation, all but assuring her path to join the bench.

For some, the optics of seeing Jackson — a Black woman — defend her credentials to a group of largely white, predominantly male detractors, was a familiar scene. It has played out, students said, in workplaces the world over and across the socioeconomic spectrum.

Booker called the attacks on Jackson's record "dangerous" and "disingenuous," noting the complexities of cases that had been boiled down to their basest points in order to damage Jackson's image.

"I'm not gonna let my joy be stolen," he continued. "Because I know, you and I, we appreciate something that we get that a lot of my colleagues don't." And while Jackson's opponents peppered her with politically polarizing questions, her supporters grew even more convinced that Jackson was qualified for the job. "To see her hold her composure and just answer the questions just to the best of her capabilities was just really great to see," said Jasmine McMillion, a third-year law student at Florida Agricultural and Mechanical University College of Law.

Trump and Leo, a prominent conservative lawyer influential in his first term, have not spoken since 2020, according to people familiar with the matter. Their relationship ended over a heated fight in 2020 at Mar-a-Lago, where Trump accused Leo of picking Rod J. Rosenstein to be deputy attorney general, a person familiar with the matter said. Trump’s anger around Rosenstein centered on his decision to appoint special counsel Robert S. Mueller III to oversee the Justice Department’s probe of Russian interference in the 2016 election

Trump has signaled that he wants the Justice Department to go after his political opponents, and his associates have drafted plans to invoke the Insurrection Act on his first day in office, which would allow him to send the military against civil demonstrations. Near the end of his time in the White House, he repeatedly complained that his White House Counsel’s Office wasn’t doing enough to help him overturn the election results. His attorney general resigned after he would not back up his claims.

“He’s the leading candidate, so I don’t know that it matters what I think,” said Brent O. Hatch, a lawyer who is on the board of the Federalist Society.

Although Trump reshaped the Supreme Court while in office, leading to the overturning of Roe, he has sometimes told others that the decision is a political albatross for Republicans. And he has complained recently at rallies about the Supreme Court and the decisions the judges make, saying without evidence they rule too often against Republicans to show “independence.”

Trump is running on a campaign focused, at least in part, on vengeance and retribution. The former president has made it clear that loyalty would be a key criteria in how he makes decisions if returned to office.

Most members of the Federalist Society board of directors declined to comment on the record or did not respond to a request for comment. Interviews with a dozen other prominent lawyers suggested most had serious misgivings about Trump returning to power but were resigned to the high likelihood he will be the nominee, and many expressed openness to working for another Trump administration.

There is a heated debate underway in conservative legal circles about how GOP lawyers should interact with what increasingly appears to be the likely nominee, according to conservative lawyers who described the private talks on the condition of anonymity. The discussions include whether they would return to work for Trump.

One prominent lawyer described a November dinner he attended where almost all the attorneys in the room said they would prefer another nominee — but were split on whether to back Trump if he wins

Leo, McConnell and McGahn have expressed reservations about what another Trump term would look like, though they have largely stayed away from a public fight.

Some of the informal conversations and debates underway in conservative legal circles about a second Trump term include Project 2025, a coalition of right-wing groups that has outlined plans for the next Republican administration. Clark, who is working on the Insurrection Act for Project 2025, has been charged with violating Georgia’s anti-racketeering law, in the case alleging Trump and co-conspirators of interfering in the 2020 election. Clark pleaded guilty.

The involvement of Clark with that effort has alarmed some other conservative lawyers who view him as a potentially disastrous choice to take a senior leadership role at the department because of his past activities around the 2020 election.

Rob Kelner, a prominent conservative lawyer, said more conservative lawyers should have spoken up against Trump, but that it would cost them business and relationships.

“There were so many positions he took and so many statements that he made that flatly contradicted the foundational principles of the conservative movement and the Federalist Society, and yet it was so rare to hear conservative lawyers speak out against Trump,” Kelner said.

This and other recent acquittals have effectively absolved Serbia of any responsibility for atrocities committed by proxy armies in Croatia and Bosnia and by the covert network of paramilitary combat units trained, paid and supervised by the secret police.

“The entire doctrine of command responsibility has been ditched,” said Eric Gordy, who teaches the politics of Eastern Europe at the University College London and follows the trials closely. “So has the liability for aiding and abetting.”

“This and several other recent decisions have become completely irrational,” he said, citing as evidence the Serbian attack in late 1991 that virtually leveled the town of Vukovar in eastern Croatia, where both Mr. Stanisic and Mr. Simatovic were present with special units and giving directions. “There is no way they could not have known there were crimes involved,” he said.

this reporter has heard the cheers when Mr Trump roars that America has every right to fight back, even if that involves rough justice or being “so tough”, as he puts it.

Critics were missing the point when they chided the Republican for policies that sound like appeals to bigotry, sexism or other forms of prejudice

if a vote for Mr Trump feels like an act of self-defence, his supporters no more want him to be fact-checked or nagged than they themselves would care to be second-guessed after blasting away at a shadowy figure on a darkened porch. What counts is their sense that when respectable people are protecting their own, they should be afforded the benefit of the doubt.

During the campaign Mr Trump has explicitly encouraged such thinking

his talk of jobs, lives and values under assault unites conservatives.

Party grandees appalled by their nominee’s success should ponder how they have spent years denouncing Washington as corrupt, and accusing Democrats of threatening the country’s future. Not many months ago Senator Ted Cruz of Texas, who came second in the Republican primaries, went around wooing Christian conservatives by beseeching God to “awaken the body of Christ, that we might pull back from the abyss.” As the primary contest began in the new year his supposedly less doctrinaire rival, Senator Marco Rubio of Florida, made his pitch to the hard right by asserting that Barack Obama had “deliberately weakened America”, accusing the president of gutting the armed forces and betraying allies because he saw America as “an arrogant country that needs to be cut down to size”.

Having painted the established order as an assault on all that America cherishes, however, Mr Trump’s rivals offered only a reshuffling of political leaders in Washington as their solution.

Supporters hear a presidential candidate talking of the need for desperate measures in the name of self-defence, and that resonates. As a result, they judge him as they would judge themselves, should they hear window-glass shattering in the dead of night.

What set Donald Trump apart, wrote the University of Texas historian Jeffrey Tulis to The New York Times, is that “no other previous major party presidential candidate has felt so unconstrained by … constitutional norms.”

A former top aide to President George W. Bush wrote that in the Republican nominee, “we have reached the culmination of the founders’ fears: Democracy is producing a genuine threat to the American form of self-government.”

Public schools are failing at what the nation’s founders saw as education’s most basic purpose: preparing young people to be reflective citizens who would value liberty and democracy and resist the appeals of demagogues

the 2016 election should spur renewed emphasis on the need for schools to instill in children an appreciation for civic values and not just a skill set for private employment.

the bipartisan education manta has been that education should prepare students to be “college-and-career  ready,” with no mention of becoming thoughtful democratic citizens

The Founders wanted voters to be educated so they could discern serious leaders of high character from con men who do not have the nation’s interests at heart. Beyond that, public education in the United States was also meant to instill a love of liberal democracy: a respect for the separation of powers, for a free press and free religious exercise, and for the rights of political minorities. Educating common people was the answer to the oligarchs who said the average citizen could not be trusted to choose leaders wisely.

Horace Mann, saw public education as the bedrock of the country’s democracy. He wrote: “A republican form of government, without intelligence in the people, must be, on a vast scale, what a mad-house, without superintendent or keepers, would be on a small one.” Teachers, the Supreme Court Justice Felix Frankfurter wrote, should be regarded “as the priests of our democracy.”

Yet in recent years, democracy has been given short shrift in American public schooling in two important respects: the curriculum that is explicitly taught to students does not place democratic values at the center

and the “hidden” curriculum of what students observe on a daily basis no longer reinforces the importance of democracy. The failure of schools to model democracy for students is critical

With the rise of economic globalization, educators have emphasized the importance of serving the needs of the private marketplace rather than of preparing citizens for American democracy.

the Founders were deeply concerned with finding ways to ensure that their new democracy, which through the franchise provided ultimate sovereignty to the collective views of average citizens, not fall prey to demagogues. The problem of the demagogue, the Founders believed, was endemic to democracy, and they saw education as the safeguard of America’s system of self-governance.

In a telling sign, in 2013, the governing board of the National Assessment for Educational Progress dropped fourth- and 12th-grade civics and American history as a tested subject in order to save money.

Likewise, in recent years, promoting democratic values in the school environment itself by respecting the voices of parents and teachers alike—a sort of "implicit curriculum"—has not been a priority

Reformers didn’t like the influence teachers’ unions exercised in democratic elections, so they advocated for market-driven reforms that would reduce the influence of elected officials such as non-unionized charter schools, as well as for state takeovers of urban districts.

Civics literacy levels are dismal. In a recent survey, more than two-thirds of Americans could not name all three branches of the federal government.

Education Secretary John King said only a third of Americans could identify Joe Biden as the vice president or name a single Supreme Court justice. Far worse, declining proportions say that free elections are important in a democratic society.

When asked in the World Values Survey in 2011 whether democracy is a good or bad way to run a country, about 17 percent said bad or very bad, up from about 9 percent in the mid-1990s.

Among those ages 16 to 24, about a quarter said democracy was bad or very bad, an increase from about 16 percent from a decade and a half earlier. Some 26 percent of millennials said it is “unimportant” that in a democracy people should “choose their leaders in free elections.”

Among U.S. citizens of all ages, the proportion who said it would be “fairly good” or “very good” for the “army to rule,” has risen from one in 16 in 1995, to one in six today.

a June 2016 survey by the Public Religion Research Institute and the Brookings Institution found that a majority of Americans showed authoritarian (as opposed to autonomous) leanings.

Moreover, fully 49 percent of Americans agreed that “because things have gotten so far off track in this country, we need a leader who is willing to break some rules if that’s what it takes to set things right.”

in 2016, the United States elected as president an individual whom the Brookings Institution Scholar Robert Kagan called “the most dangerous threat to U.S. democracy since the Civil War.”

schools need to put democracy back into education. Rigorous courses in history, literature, and civics would cultivate knowledge of democratic practices and a belief in democratic values.

In addition to teaching democratic values directly, what if educators and policymakers thought more carefully about addressing what is taught to students implicitly through how they choose to run schools? Are parents and community members a part of decision-making or are they shut out by state takeovers and billionaire philanthropists call the shots?

a growing number of school districts (including Rochester) are also promoting democratic values through socioeconomic and racial school integration of student bodies at the school and classroom levels. Integrated learning environments underline the democratic message that in America, everyone is equal. By contrast, when American schoolchildren are educated in what are effectively apartheid schools—divided by race and class—the democratic message of equal political rights and heritage is severely undermined.

demagogues can more effectively inflame passions against “others”—Muslims, Mexican immigrants, or African Americans—when, growing up, white Christian schoolchildren do not personally know many members of these groups. A large body of research finds that integrated schools can reduce prejudice and racism that stems from ignorance and lack of personal contact

Sessions had once told him that “he believed the NAACP, the SCLC, Operation PUSH, and the National Council of Churches were all un-American organizations teaching anti-American values.”

He was convicted, sentenced to death, and executed in Alabama’s infamous Yellow Mama electric chair in 1997, the first white man executed for killing a black man in Alabama since 1913, which Sessions noted in his attorney general questionnaire.

Judge Braxton Kittrell presided but did not comment on Sessions’s role in the prosecution when he testified before the Senate in 1986.

The FBI investigated at the request of the district attorney but turned up no suspects. Encouraged by his brother, the attorney for Donald’s mother, Figures pushed for a second FBI investigation, and eventually a grand jury which returned indictments against Knowles and Hays, who were arrested in June 1983.

During the Donald case, Sessions allegedly told Figures and others he liked the Klan until he found out they smoked marijuana.

Session replied “something to the effect of, ‘I didn’t know that Klansmen used marijuana now,” Kowalski said, and that “he used to have respect for that organization but now he no longer does, knowing they use drugs.”

Sessions was denied confirmation thanks to the allegations of racism and abuse of power, making him the first Reagan appointee not approved by the Senate, and only the second nominee to the district court bench rejected in 49 years.

In 1992 a federal grand jury charged Figures for allegedly bribing a drug dealer not to testify against his client, a prosecution many viewed as retaliatory.

Senators on the Judiciary Committee will have only Figures’s 1986 testimony to go on when hearings begin next week. He died in January 2015, then serving as a municipal judge in Mobile.

One explanation for why so many come to that conclusion in the first place has to do with the widening of the gulf between America’s coasts and the region in between them

Cities that can entice well-educated professionals are booming, even as “flyover” communities have largely seen good-paying factory work automated or shipped overseas, replaced to a large extent with insecure jobs: Walmart greeters, independent-contractor truck drivers, and the like.

a college degree has become the true mark of individual success in America—the sort of white-picket-fence fantasy that drives people well into their elder years to head back to school

the white working class that emerged in the 19th century—stitched together from long-combative European ethnic groups—strived to set themselves apart from African Americans, Chinese, and other vilified “indispensable enemies,” and build, by contrast (at least in their view), a sense of workingman pride.

this last election was a reminder that white male resentment of “nasty” women and “uppity” racial and other minorities remains strong.

That said, many Americans with more stable, better-paid jobs have blind spots of their own. For all of their professed open-mindedness in other areas, millions of the well-educated and well-off who live in or near big cities tend to endorse the notion, explicitly or implicitly, that education determines a person’s value

white voters from hard-hit rural areas and hollowed-out industrial towns have turned away from a Democratic Party that has offered them little in the way of hope and inspiration and much in the way of disdain and blame.

such a fervent belief in the transformative power of education also implies that a lack of it amounts to personal failure—being a “stupid” person

As much as both liberals and conservatives have touted education as a means of attaining social mobility, economic trends suggest that this strategy has limits, especially in its ability to do anything about the country’s rapidly growing inequalities

Well into the 21st century, two-thirds of Americans age 25 and over do not have a bachelor’s degree. The labor market has become more polarized, as highly paid jobs for workers with middling levels of education and skill dwindle away.

even some workers I spoke to—all former union members—said they felt that people without a good education did not deserve to make a good living.

The rules of meritocracy that these blue-collar workers say they admire barely apply to the very top levels of the economy. Groups of elite workers—professionals, managers, financial workers, tenured professors—continue to wall themselves off from competition. They still organize collectively, through lobbying, credentialing, licensing, and other strategies. But fewer ordinary workers have the same ability to do so

What has emerged in the new economy, then, is a stunted meritocracy: meritocracy for you, but not for me

One of the few things he could really depend on was his church. He volunteered on their Sunday-school bus, leading the kids in singing songs. “It helps to be around young people,” he said. For many of the jobless workers I interviewed, religion and tradition provided a sense of community and a feeling that their lives had purpose.

However exaggerated by stereotypes, the urbane, urban values of the well-educated professional class, with its postmodern cultural relativism and its rejection of old dogmas, are not attractive alternatives to what the working class has long relied on as a source of solace.

In the absence of other sources of meaning, Americans are left with meritocracy, a game of status and success, along with the often ruthless competition it engenders. And the consequence of a perspective of self-reliance—Americans, compared to people in other countries, hold a particularly strong belief that people succeed through their own hard work—is a sense that those who fail are somehow inferior

The concept of grace comes from the Christian teaching that everyone, not just the deserving, is saved by God’s grace. Grace in the broader sense that I (an agnostic) am using, however, can be both secular and religious. In the simplest terms, it is about refusing to divide the world into camps of deserving and undeserving, as those on both the right and left are wont to do

It rejects an obsession with excusing nothing, with measuring and judging the worth of people based on everything from a spotty résumé to an offensive comment.

Unlike an egalitarian viewpoint focused on measuring and leveling inequalities, grace rejects categories of right and wrong, just and unjust, and offers neither retribution nor restitution, but forgiveness.

With a perspective of grace, it becomes clearer that America, the wealthiest of nations, possesses enough prosperity to provide adequately for all. It becomes easier to part with one’s hard-won treasure in order to pull others up, even if those being helped seem “undeserving”—a label that today serves as a justification for opposing the sharing of wealth on the grounds that it is a greedy plea from the resentful, idle, and envious.

ignorance shouldn’t be considered an irremediable sin. Yet many of the liberal, affluent, and college-educated too often reduce the beliefs of a significant segment of the population to a mash of evil and delusion

From gripes about the backwardness and boredom of small-town America to jokes about “rednecks” and “white trash” that are still acceptable to say in polite company, it’s no wonder that the white working class believes that others look down on them. That’s not to say their situation is worse than that of the black and Latino working classes—it’s to say that where exactly they fit in the hierarchy of oppression is a question that leads nowhere, given how much all these groups have struggled in recent decades.

While there are no simple explanations for the desperation and anger visible in many predominantly white working-class communities, perhaps the most astute and original diagnosis came from the rabbi and activist Michael Lerner, who, in assessing Donald Trump’s victory, looked from a broader vantage point than most. Underneath the populist ire, he wrote, was a suffering “rooted in the hidden injuries of class and in the spiritual crisis that the global competitive marketplace generates.”

That cuts right to it. The modern economy privileges the well-educated and highly-skilled, while giving them an excuse to denigrate the people at the bottom (both white and nonwhite) as lazy, untalented, uneducated, and unsophisticated.

many well-off Americans from across the political spectrum scorn the white working class in particular for holding onto religious superstitions and politically incorrect views, and pity them for working lousy jobs at dollar stores and fast-food restaurants that the better-off rarely set foot in

This system of categorizing Americans—the logical extension of life in what can be called an extreme meritocracy—can be pernicious: The culture holds up those who succeed as examples, however anecdotal, that everyone can make it in America. Meanwhile, those who fail attract disdain and indifference from the better-off, their low status all the more painful because it is regarded as deserved.

the shame of low status afflicts not just the unemployed, but also the underemployed. Their days are no longer filled with the dignified, if exhausting, work of making real things.

For less educated workers (of all races) who have struggled for months or years to get another job, failure is a source of deep shame and a reason for self-blame. Without the right markers of merit—a diploma, marketable skills, a good job—they are “scrubs” who don’t deserve romantic partners, “takers” living parasitically off the government, “losers” who won’t amount to anything

Even those who consider themselves lucky to have jobs can feel a sense of despair, seeing how poorly they stand relative to others, or how much their communities have unraveled, or how dim their children’s future seems to be: Research shows that people judge how well they’re doing through constant comparisons, and by these personal metrics they are hurting, whatever the national unemployment rate may be.