Jan 6 facts and the recent Scotus decision are explained, SCOTUS decision (highlighted below) could be examined more closely.MA
July 6, 2022 Heather Cox Richardson Jul 7 Eighteen months ago today, rioters stormed the U.S. Capitol in an attempt to stop Congress from counting the electoral votes that would make Democrat Joe Biden president. Thanks to the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, we are learning more about just how deep that plot ran, and more evidence is dropping almost daily. Yesterday, for example, Politico revealed a two-minute trailer for the documentary about the Trump family by British filmmaker Alex Holder. With extraordinary access to the family, Holder witnessed what the trailer portrays as the attempt of the Trump family to create an American dynasty, and its determination to hold onto power even if it meant the destruction of American democracy. Today, Maggie Haberman and Luke Broadwater of the New York Times reported that the committee has secured an agreement with Trump’s White House counsel Pat A. Cipollone to testify in a videotaped, transcribed interview. Last week’s testimony by Cassidy Hutchinson put great pressure on Cipollone to testify. She said that she and Cipollone had had several conversations about the illegality of the things Trump and his chief of staff Mark Meadows were doing. She recounted Cipollone’s determination to prevent Trump from going to the Capitol with the rioters he sent there, alleging that if Trump went, Cipollone said, “We’re going to get charged with every crime imaginable.” He also insisted that Trump must call off the rioters, even after Meadows said the president didn’t want to. He will testify privately the day after the January 6 committee’s next public hearing. There is movement on other issues surrounding the attempt to overturn the 2020 election, as well. Yesterday, a Fulton County, Georgia, grand jury issued a subpoena for Senator Lindsey Graham (R-SC), among others, and today Graham’s lawyers said they will challenge the subpoena. They say the investigation is a “fishing expedition” and that any information it turns up would go straight to the January 6th committee. They assert that as then-chair of the Senate Judiciary Committee, Graham “was well within his rights to discuss with state officials the processes and procedures around administering elections.” The subpoena refers not to processes and procedures around administering elections, of course, even if it were in fact appropriate for a senator from South Carolina to ask questions about such procedures in Georgia. It refers to at least two phone calls Graham made to Georgia secretary of state Brad Raffensperger or his staff in which Graham apparently asked about “reexamining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump.” And, in November 2021, Graham admitted he reached out not only to officials in Georgia, but to those in Arizona and Nevada as well. This outreach had nothing to do with the Senate Judiciary Committee; Graham was plainly working for Trump’s campaign. Further undercutting this argument is that it is not the Senate Judiciary Committee that oversees elections; it is the Senate Rules Committee. Former federal prosecutor Shanlon Wu tweeted that Graham is challenging the subpoena on the grounds that the grand jury is working for the congressional committee, and thus the subpoena will “erode the constitutional balance of power and the ability of a Member of Congress to do their job.” Wu said the legal course is as follows: Graham’s challenge will lose in state court and then his lawyers will try to get a federal court to stop the enforcement of a state subpoena. Wu said that the Supreme Court is unlikely to agree that the state of Georgia is a branch of the federal government. He called it “an arrogant[,] pompous and legally weak argument from Graham [that] should be slam-dunk rejected by any court that hears it.” Representative Eric Swalwell (D-CA) was more succinct. He tweeted: “It’s a subpoena. Not a request to RSVP.” There are more subpoenas in the news. Today, New York state judge Arthur F. Engoron held Cushman & Wakefield, the real estate firm that valued the Trump properties under investigation by New York attorney general Letitia James, in contempt of court for failing to comply with subpoenas about the valuation of certain Trump properties. A spokesperson for the company says that the company has gone to “extreme lengths” to comply with the subpoena, although it has not managed to produce the documents yet. The delay of the documents is crucial because Trump and two of his children are scheduled to testify about the valuations next week under oath. The firm will be fined $10,000 a day until it provides the documents the subpoenas require. What all these demands for information under oath do is establish what really happened, in contrast to the false narratives political operatives have spun in front of television cameras and on the internet, where they are not bound by any requirement to tell the truth. The slow accumulation of facts over fiction might well become a financial crisis for those who participated in Trump’s narrative. The Fox News Corporation, One America News Network, and Newsmax are currently facing multibillion dollar lawsuits from Dominion Voting Systems and Smartmatic, a voting machine company and an election software company, that those channels claimed had stolen the 2020 election for Biden. Smaller companies OAN and Newsmax are financially vulnerable to lawsuits alone, to say nothing of an adverse judgment, but according to an article by Adam Gabbatt in The Guardian, FNC has more to worry about than money. We already know that FNC hosts and White House officials were in contact about the January 6 insurrection, and in the discovery phase of a lawsuit, FNC could have to hand over documents that might tell us more about that connection. Angelo Carusone, chief executive officer of Media Matters for America, told Gabbatt: “I think once you start to pull the discovery material, what you’re going to find is there was a lot of communication between the Trump people both internally and externally about pushing very specific lies and narratives.” The role of fact versus narrative is on display elsewhere in our government as well. Both the Organization of American Historians and the American Historical Association, the flagship organizations of professional historians in the U.S., along with eight other U.S. historical associations (so far), yesterday issued a joint statement expressing dismay that the six Supreme Court justices in the majority in the Dobbs v. Jackson Women’s Health decision that overturned Roe v. Wade ignored the actual history those organizations provided the court and instead “adopted a flawed interpretation of abortion criminalization that has been pressed by anti-abortion advocates for more than thirty years.” Although the decision mentioned “history” 67 times, they note, it ignored “the long legal tradition, extending from the common law to the mid-1800s (and far longer in some states, including Mississippi), of tolerating termination of pregnancy before occurrence of ‘quickening,’ the time when a woman first felt fetal movement.” The statement focuses less on politics than on the perversion of history, noting that “[t]hese misrepresentations are now enshrined in a text that becomes authoritative for legal reference and citation in the future,” an undermining of the “imperative that historical evidence and argument be presented according to high standards of historical scholarship. The Court’s majority opinion…does not meet those standards.” — Notes: Scott MacFarlane @MacFarlaneNewsNEW: Sen Lindsey Graham (R-SC) will go to court to challenge the subpoena from grand jury in Fulton County, Georgia Statement from attorney accuses grand jury of working “in concert” with House January 6 Select CommitteeJuly 6th 20222,017 Retweets5,665 Likeshttps://www.oah.org/insights/posts/2022/july/joint-oah-aha-statement-on-the-dobbs-v-jackson-decision/Rep. Eric Swalwell @RepSwalwellIt’s a subpoena. Not a request to RSVP.The Hill @thehillGraham plans to challenge subpoena: “This is all politics” https://t.co/dzKLK1oTdy https://t.co/mUQEfXUZCqJuly 6th 20227,543 Retweets56,494 Likeshttps://www.nytimes.com/2022/07/06/nyregion/trump-contempt-cushman-wakefield.htmlhttps://www.nytimes.com/2022/07/06/us/politics/pat-cipollone-jan-6-testimony.htmlhttps://www.politico.com/news/2022/07/05/trailer-trump-documentary-january-6-committee-holder-00043960https://www.cnbc.com/2022/07/06/lindsey-graham-to-fight-subpoena-in-trump-georgia-election-probe.htmlShanlon Wu @shanlonwuLindsay Graham now claims he can’t be subpoenaed by Georgia state grand jury b/c of separation of powers? Since Georgia is NOT a part of the federal government then Graham’s argument depends entirely on his baseless claim that Fulton County DA is just a Jan 6 agent. Confirmed –July 6th 20223,102 Retweets18,203 Likeshttps://www.rules.senate.gov/about/purpose-and-jurisdictionhttps://amp.cnn.com/cnn/2020/11/17/politics/graham-nevada-arizona-elections/index.htmlhttps://www.theguardian.com/media/2022/jul/04/fox-oan-newsmax-lawsuits-election-fraud-claims
And on July 4, 1776, the Second Continental Congress adopted the Declaration of Independence, declaring: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of Happiness.”
For all the fact that the congressmen got around the sticky little problem of Black and Indigenous slavery by defining “men” as “white men,” and for all that it never crossed their minds that women might also have rights, the Declaration of Independence was an astonishingly radical document. In a world that had been dominated by a small class of rich men for so long that most people simply accepted that they should be forever tied to their status at birth, a group of upstart legislators on the edges of a continent declared that no man was born better than any other.
America was founded on the radical idea that all men are created equal.
What the founders declared self-evident was not so clear eighty-seven years later, when southern white men went to war to reshape America into a nation in which African Americans, Indigenous Americans, Chinese, and Irish were locked into a lower status than whites. In that era, equality had become a “proposition,” rather than “self-evident.”
“Four score and seven years ago,” Abraham Lincoln reminded Americans, “our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.” In 1863, Lincoln explained, the Civil War was “testing whether that nation, or any nation so conceived and so dedicated, can long endure.”
It did, of course. The Confederate rebellion failed. The United States endured, and Americans began to expand the idea that all men are created equal to include Black men, men of color, and eventually to include women.
But just as in the 1850s, we are now, once again, facing a rebellion against our founding principle, as a few people seek to reshape America into a nation in which certain people are better than others.
The men who signed the Declaration of Independence on July 4, 1776 pledged their “Lives, [their] Fortunes and [their] sacred Honor” to defend the idea of human equality. Ever since then, Americans have sacrificed their own fortunes, honor, and even their lives, for that principle. Lincoln reminded Civil War Americans of those sacrifices when he urged the people of his era to “take increased devotion to that cause for which they gave the last full measure of devotion—that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth.”
Words to live by in 2022.
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Note:
I have shared some version of this every year for the last few years. I wrote this quickly— actually running out the door— a few years ago, and no matter how long I sit at the laptop and fiddle, as I did this evening, I still think the original stands. It is a dark Independence Day in many ways this year, but I hope everyone is able to find at least a little respite, and to recall the whole point of what we’re up to in this country.
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