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The Legal Breakdown Tackles the ‘Mistaken’ Deportation of Kilmar Abrego Garcia
Brian Tyler Cohen and Glenn Kirschner on The Legal Breakdown illustrate the utterly preposterous and incredibly dangerous state of affairs in Kilmar Abrego Garcia’s “mistaken” deportation case:
Cohen: Are you telling me, with all the agreements that we have with El Salvador that allows us to just—without any due process—deport these people to their country… we have no mechanism whatsoever to bring back somebody who is a legal resident, who is there as a result of an administrative error, that we have no mechanism to bring that guy back?
Kirschner: I don’t believe, you don’t believe it, but that is what the attorneys who are in court—not exactly defending this action, because they concede they did not have a legal reason to deport him, a legal basis—they’re also saying “Uh, we just don’t think we have a mechanism to bring him back.”
Cohen later makes this astute observation about Trump’s intentions:
I think this isn’t necessarily about this one specific person, this is about Donald Trump showing his detractors that he is exactly as all-powerful as he perceives himself as being […].
He doesn’t care what person he has to steamroll through in order to get his way, he’s trying to send a message and everybody that gets hurt as a result of that, that’s just collateral damage […] The goal here is the chilling effect this will have […].He’s not looking to bring [Abrego Garcia] back, because the fact that [Abrego Garcia] can be disappeared in an extrajudicial way is the point unto itself. It’s not about this guy, it’s about Trump being able to display his power.
In response to a question from Cohen about what can be done, Kirschner offers one possible solution:
The Trump administration and these ICE agents that engaged in this unconstitutional deportation violated a court order, violated a judge’s protection order saying Mr. Garcia cannot be deported to El Salvador.
One thing the court has available to it is the power of contempt, and if a court wanted to inspire the Trump administration to get a plane down there to El Salvador and bring this man back, the judge could say “I am going to begin to hold everyone in contempt who was part and parcel of this unconstitutional deportation that violated a judicial order.”
I would love to see them all held in contempt. Sadly, enforcement of such sanctions is done via the US Marshals Service, which is under the Executive branch, and while the US Marshals are supposed to legally comply with a judicial order, I expect the president, via his attorney general, to attempt to block any contempt order.
US Government ‘Mistakenly’ Deports Kilmar Abrego Garcia to El Salvadoran Megaprison, Claims Nothing Can Be Done to Get Him Back
Nick Miroff, at The Atlantic, chronicles this incredibly harrowing tale (Apple News+ link):
The Trump administration acknowledged in a court filing Monday that it had grabbed a Maryland father with protected legal status and mistakenly deported him to El Salvador, but said that U.S. courts lack jurisdiction to order his return from the megaprison where he’s now locked up.
The case appears to be the first time the Trump administration has admitted to errors when it sent three planeloads of Salvadoran and Venezuelan deportees to El Salvador’s grim “Terrorism Confinement Center” on March 15. Attorneys for several Venezuelan deportees have said that the Trump administration falsely labeled their clients as gang members because of their tattoos. Trump officials have disputed those claims.
But in Monday’s court filing, attorneys for the government admitted that the Salvadoran man, Kilmar Abrego Garcia, had been deported accidentally. “Although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error,” the government told the court. Trump lawyers said the court has no ability to bring Abrego Garcia back now that he is in Salvadoran custody.
This story is absolutely terrifying. It’s a constitutional five-alarm fire that should see Americans up in arms and flooding the streets.
In their filing, the US government’s lawyers write:
This Court lacks jurisdiction because Abrego Garcia is not in United States custody.
Writing further:
[…] a person “is held ‘in custody’ by the United States when the United States official charged with his detention has ‘the power to produce him.’”
They’re claiming that no United States official has such power. Rather than apologizing profusely and taking every possible action to rectify the situation, Trump’s lawyers instead argue against the judge’s jurisdiction and the family’s right to petition for redress. The government has effectively professed that once they deport a person—without any due process—there’s nothing the United States can do to reverse course, even after admitting the removal was done in error. That Abrego Garcia—or anyone else—is forever out of their reach. It’s the despotic equivalent of “finders keepers, losers weepers,” or the “Oh no! Anyway” meme, applied to a man’s life.
A week ago Timothy Snyder wrote:
If you accept that non-citizens have no right to due process, you are accepting that citizens have no right to due process. All the government has to do is claim that you are not a citizen; without due process you have no chance to prove the contrary.
The truth is, today, right now, there is absolutely nothing preventing Donald Trump’s regime from snatching you or anyone you know, throwing you or them on a plane to El Salvador, and wiping their hands clean.
Or, as Gillian Branstetter wrote:
No matter your station in life, there is astoundingly little separating you from those men in that cage behind Kristi Noem. No charges, no attorneys, no hearings, no trial. Just conjecture and brute force could be enough to justify completely dehumanizing you, too.
How are we any different from Nazi Germany, or modern-day Russia?
Cory Booker’s ‘Screen Performance of the Year’
Steven Zeitchik, at The Hollywood Reporter, with the most interesting take I’ve read about Cory Booker’s marathon speech:
You may not have watched anything but the last hour, or few minutes, or even a second of the Democratic senator’s 25-hour, one-sitting (or standing) opus on YouTube or C-SPAN. Trust me then when I tell you the whole thing was the kind of spectacle that should be eligible for an Emmy, so subtle were its layers and so ambitious the performance.
On its face, Booker’s speech building an elaborate case against the policies of Donald Trump and Elon Musk was pure political theater — if theater involved a prize for never relying on a chair, food or the bathroom. As he broke Strom Thurmond’s 24-hour, 18-minute mark for longest Senate-floor speech in history, the New Jersey lawmaker spoke from giant loose-leaf binders of facts and read anecdotes off index cards; he thanked the Parliamentarian and gave at least his vocal cords a break by deferring to extended questions (that were more of a comment) from other senators. Booker balanced rousing constitutional ideals with basic economic litmus tests, reappropriating Ronald Reagan’s famous 1980 debate line of, “Are you better off now than you were four years ago?” as (fittingly for these lightning times), “Are you better off now than you were 71 days ago?”
But what Booker was doing was nothing less than creating a cinematic spectacle, a binge-worthy awards contender in which all 25 hours happened to drop at once. And while the consequences are deadly serious, the techniques came from some of our most popular entertainment. Focus on different through lines of Booker’s performance and you’d experience different arcs; come in at different moments and you’d infer different genres.
Senator Cory Booker Speaks for 25 Hours, 5 Minutes on the Existential Threat of the Trump Regime, Setting the Record for the Senate’s Longest Speech
Sen. Cory Booker set the record for the longest speech in Senate history Tuesday night in marathon remarks that began Monday evening and tore into what he called the Trump administration’s “grave and urgent” threat to the country.
Rachel Treisman and Alana Wise for NPR:
Sen. Cory Booker spent a full day standing on the Senate floor, delivering an impassioned speech in protest of the Trump administration’s policies.
Nik Popli, Time magazine:
For more than 25 hours, the New Jersey Democrat stood at the Senate lectern speaking against President Donald Trump’s policies in what may be the most dramatic and sustained public challenge to Trump’s agenda since his return to the White House.
Hunter Walker, in his lede for Talking Points Memo, contextualizes the historical significance:
Only two men have spoken on the floor of the U.S. Senate for more than 24 straight hours. One of them fought to keep Black people out of public life, the other was a Black leader who staged a landmark protest.
Cory Booker’s feat of determination—his act of astonishing stamina, as the New York Times put it—surged him past the 68-year-old record set by a segregationist demagogue filibustering the passage of the Civil Rights Act.
Booker understood the significance:
“To be candid, Strom Thurmond’s record always kind of just really irked me — that he would be the longest speech, that the longest speech on our great Senate floor was someone who was trying to stop people like me from being in the Senate,” Booker told MSNBC’s Rachel Maddow on Tuesday night. “So to surpass that was something I didn’t know if we could do, but it was something that was really, once we got closer, became more and more important to me.”
As Booker noted in his speech:
I’m not here, though, because of his speech. I’m here despite his speech. I’m here because, as powerful as he was, the people are more powerful.
Booker’s achievement stands in stark contrast to Thurmond’s lengthy filibuster aiming to deny Black Americans equal protections under federal law. Booker later told reporters that he had been “very aware” of Thurmond’s efforts since entering the Senate over a decade ago.
“Of all the issues that have come up, all the noble causes that people have done or the things that people have tried to stop, I just found it strange that he had the record,” said Booker, who is Black. “And as a guy who grew up with legends of the Civil Rights Movement myself, my parents and their friends, it just seemed wrong to me, it always seemed wrong.”
Thurmond spoke for 24 hours and 18 minutes, but unlike Booker, who used his time to make a powerful and coherent case for reclaiming American democracy, Thurmond filled time with tactics like reading from an encyclopedia.
According to [Jeff] Giertz [Booker’s senior advisor and communications director], Booker began planning for the speech about a week ago. This required an extraordinary push from his staff. […] Those staffers had a few marathon nights of their own in the past few days as they put together the 1,164 pages in more than a dozen binders Booker used for his remarks.
Much of the initial coverage of Senator Booker’s feat has understandably focused on the length of the speech and its historical significance, and not on the content of the speech itself, which, from what I’ve read, is a tour de force.
It was a cathartic moment for a vast swath of demoralized voters across the country, who tuned in amid hunger for some action by the opposition party beyond the traditions of business as usual.
Frank Luntz, quoted in The Hill:
“He struck the kind of tone that grassroots Democrats are looking for. He gave them a reason to fight. He gave them a reason to stand up and say, this is my country too,” Luntz told [NewsNation’s “On Balance”] anchor Leland Vittert.
“Of course, every Republican watching will say, ‘This is nonsense.’ But he is not speaking just to Republicans, he’s speaking to Americans, and what I saw over the last 25 hours absolutely blew me away,” he added.
Philip Elliott at Time magazine, under the headline “Cory Booker Reminds Democrats What Fighting Back Looks Like” :
That, right there, is how it’s done.
Sen. Cory Booker, the New Jersey Democrat who has long been a believer that his party should not shy from a fight out of fear, held the Senate floor for more than 25 hours in a history-making show of defiance of President Donald Trump’s chaos-laced agenda. Booker, beginning Monday evening, owned the podium where he stood without any real break in a bold display that drew fellow Democrats to the floor to watch in admiration. They might have done well to take notes about how, even in the minority, their party still can find ways to inspire voters in the face of Trumpism.
Cory Booker figured out a way to get the entire world to hear him. He worked hard to do it, put himself through an uncomfortable physical experience but he did it. He did it to make a dent, try to blow a hole. he got creative, sacrificed and got national and global attention for our plight. Don’t tell me what can’t be done. tell me what we can do.
In a moment when it feels like we’re powerless to stop the spreading roots of fascism, Cory Booker put his country above comfort to warn us about this regime, to exhort us to fight, in whatever ways we can, with whatever tools we have.
Booker closed by invoking John Lewis:
He endured beatings savagely on the Edmund Pettus Bridge, at lunch counters, on freedom rides. He said he had to do something. He would not normalize a moment like this. He would not just go along with business as usual. He said for us to go out and cause some good trouble, necessary trouble, to redeem the soul of our nation.
I am ready to cause some good trouble.
An American Citizen Was Arrested by ICE Ten Days After Trump’s Inauguration
In a story for WBEZ (signup required; Apple News+ link), Adriana Cardona-Maguigad writes that “attorneys with the National Immigrant Justice Center and the ACLU of have Illinois” accused the federal government of violating immigration law—arrests without probable cause, “making arrests without proper warrants and creating warrants in the field after the arrests,” which allegedly violate something called the Nava Settlement.
The story includes this revelation about one of the arrested people:
[…] Chicago resident Julio Noriega, 54, a U.S. citizen […] was arrested, handcuffed and spent most of the night at an ICE processing center […]. He was never questioned about his citizenship, and was only released after agents looked at his ID.
“I was born in Chicago, Illinois and am a United States citizen,” Noriega said in his statement, adding that on Jan. 31, after buying pizza in Berwyn he was surrounded by ICE agents and arrested. Officers took away his wallet, which had his ID and social security card. “They then handcuffed me and pushed me into a white van where other people were handcuffed as well.”
ICE arrested a US citizen—born here!—because, I presume, he “looks like” an immigrant and has “an immigrant’s” last name. No questions, no due process. He was held for ten hours:
He was released after midnight without any way to return home and without documentation of what happened […].
Appallingly, this isn’t the only instance of citizens being detained. Since Trump retook office, ICE agents are allegedly targeting people they presume don’t look or sound American, including Spanish-speaking Puerto Ricans and Navajo Nation tribal members.
We’ve officially entered the snatching Americans and legal immigrants off the streets phase of fascism. Next, we’ll be told it’s merely protective custody.
Kaveh Akbar: ‘What Will You Do?’
Kaveh Akbar drops a searingly emotional piece for The Nation in reaction to the abduction of Rumeysa Ozturk:
This is, more than anything, a plea for principled leftists to rise en masse and not just decry but disrupt a nation helmed by gleeful genocideers. I’m writing frantically, aware my prose is ugly, overearnest, unvetted against worst-faith readers. It’s graceless, unlovely. So am I.
Tonight I want to be understood, not appreciated.
I could quote the piece at length, but to do so would be a disservice to both Akbar and to you.
It’s critical that I share this plea, however:
I want to tell you powerlessness is an alibi. Hopelessness too. I want to ask, what specifically are you going to do? Tomorrow, the next day? What’s your “I am Spartacus” move to protect the more vulnerable, the targeted, the invisibled, the next-on-the-list?
I want to say, it’s your turn now, help. This is us asking you while we still can.
I’ve taken one tiny step: I added the phone number for the San Francisco Immigrant Rapid Response Hotline (415-200-1548) to my contacts, so I’m prepared to act if I see someone being confronted by ICE.
Find the equivalent service in your area and add the number to your phone.
The Disturbing Abduction of PhD Student Rumeysa Ozturk
I finally brought myself to watch the video of ICE’s abduction of Tufts PhD student Rumeysa Ozturk. It’s even more disturbing than I expected after reading the story because, watching, it looks exactly like a random kidnapping off the streets—plainclothes men and women, with masks, approaching a woman and coercing her into an SUV. It was simply done quietly, with badges and handcuffs, instead of loudly, with guns and chloroform-soaked handkerchiefs.
Opportunistic criminals with two-bit tin badges can now confidently disappear someone off the street, and we’ll simply assume they’re with ICE.
That ambushing people on the street or at home is tolerated, even applauded by a fraction of Americans—and defended by our government officials, no less—is profoundly alarming. That it’s done in such a casual manner is equally disturbing.
At what point does ICE become indistinguishable from the Gestapo?
My Money’s on Pete Hegseth to Take the Fall for the Signal Intelligence Leak
The Wall Street Journal ran this story Wednesday evening (Apple News+ link) by Michael R. Gordon, Nancy A. Youssef, and Lindsay Wise, posted at 6:26 pm EDT, under the headline “Hegseth Comes Under Scrutiny for Texting Strike Details as Fallout Grows” and the subhead “Republicans react with concern about new details on posts about weapons used and timing of Yemen attack.”
It reads like the first sharp blows of an upcoming hit piece against Hegseth, presented initially as mostly Democratic criticisms, with a few Republicans tossed in so those criticisms aren’t dismissed out of hand.
The entire piece is filled with jabs and body blows, each one preceded by a slight feint of a defense of Hegseth’s actions before countering with a gut punch of reality.
One example: About his decision to share “specific times that F-18s, MQ-9 Reaper drones and Tomahawk cruise missiles would be used in the attack” and “that an unnamed target of the strikes was at a ‘known location’”, the WSJ dryly notes:
Such information is normally guarded carefully by the Pentagon before imminent strikes to avoid disclosures that could help adversaries.
Hegseth’s lack of qualifications for the position is also called out—he’s “never held a senior national security post”—with the paper noting his experience as a “former Army National Guard major and Fox News host” and following up with a comment from “Sen. Mark Kelly, the Arizona Democrat who flew combat missions in the 1991 Persian Gulf war as a naval aviator,” who dubbed Hegseth “the most unqualified Secretary of Defense we’ve ever seen.”
Then, WSJ has other chat participants doing their best to distance themselves from Hegseth, basically saying “I didn’t post classified information in the chat.…”
But to me, the real tells about Hegseth’s future come from the various members of the military and security communities—past and present—making their (anonymous) opinions clear:
Several U.S. military officials said the strike information Hegseth included was still classified as secret when he shared it.
And:
Targeting plans and the employment of American forces have long been considered to be highly classified before action is taken because their disclosure can tip off adversaries and provide them with insights on how the U.S. conducts sensitive military operations, former officials and national security experts say.
The WSJ added:
Top national-security officials have access to secure communications on government networks designed for classified discussions about such information.
They then closed thusly:
Earlier this month, the Pentagon sent an advisory to all military personnel warning that a “vulnerability” had been identified in Signal and warned against using it for classified information.
“It borders on incompetence,” Chuck Hagel, the former Republican senator and defense secretary during the Obama administration, said of Hegseth’s texts. “It’s certainly reckless.”
It’s tough to run the Department of Defense if the military you’re responsible for doesn’t trust you to keep their secrets and keep them safe.
To me, all of this adds up to Hegseth’s resignation because “the fake news media has made this story a distraction to President Trump’s important agenda to Make America Great Again.”
I expect a WSJ Opinion calling for his resignation within the week, Hegseth’s decision to step away soon after, and reluctant acceptance by Trump, who will undoubtedly cast it as a “witch hunt,” and be followed by the inevitable pardon.
The New York Times Takes Great Pleasure in Annotating the Signal Chat Leak
Not too much new in this New York Times annotated version of The Atlantic’s leaked Signal chat, but I sniggered several times at the obvious delight the reporters took in slapping the Trump administration officials. For example, this, from Helene Cooper, on Pete Hegseth’s response to J.D. Vance:
Pete Hegseth: I fully share your loathing of European free-loading. It’s PATHETIC.
Cooper: Mr. Hegseth is echoing here a Trump-administration critique that the U.S. Navy does more to keep shipping lanes through the Suez Canal open than European naval forces do. Using words like “loathing” and “pathetic” will likely make his next meetings with European counterparts dicey.
“Dicey.” Right.
Axios: ‘What Top Trump Officials Claimed vs. What the Texts Show’
Axios also has a great compendium of the Trump administration’s repeated denials of any classified information being leaked in that Signal chat:
After Goldberg published a partial version of the texts, withholding key details for national security reasons, national security adviser Mike Waltz and Defense Secretary Pete Hegsethswiftly went into shoot-the-messenger mode. […]
Here’s how those statements match with what we learned in the subsequent Atlantic story.
My favorite:
Ratcliffe in the Senate hearing said he was not “aware” of any “information on weapons packages, targets or timing” that was discussed in the chat. Gabbard concurred.
The texts include a detailed sequencing of the timing of the attacks, to include Hegseth’s to-the-minute breakdown of when F-18s and drones would take off and drop their payloads.
The Atlantic’s Editor Shares Definitely ‘Not Classified’ Receipts
Jeffrey Goldberg, The Atlantic’s editor in chief, and Shane Harris share the byline on this story detailing exactly what was shared in that now-infamous Signal chat. (Apple News+ link.)
So, about that Signal chat.
I chuckled at the dry acknowledgement that a chat thread is the biggest story of the week.
Much of the text thread reads like first-time managers receiving status updates from their teams and, having no understanding of what it is or means, naively share it, believing it makes them look like they’re “in the loop.”
I also get a distinct vibe (from Pete Hegseth, especially) of “check out what I know! I’m cool now!”
Goldberg and Harris:
On Monday, shortly after we published a story about a massive Trump-administration security breach, a reporter asked the secretary of defense, Pete Hegseth, why he had shared plans about a forthcoming attack on Yemen on the Signal messaging app. He answered, “Nobody was texting war plans. And that’s all I have to say about that.”
It surprises no one that Hegseth (and Mike Waltz, Tulsi Gabbard, and the rest, all the way up to Trump himself) would deny any top-secret national security information was leaked. What’s surprising is those denials would come knowing Goldberg had screenshots of the Signal thread—and that it was already confirmed as legitimate by administration officials.
In my head canon, Goldberg presented the original story as he did, confident the administration would go into full-on denial mode, and claim, as they did, that the material shared was not classified, thus freeing him to post the thread in its entirety:
At a Senate hearing yesterday, the director of national intelligence, Tulsi Gabbard, and the director of the Central Intelligence Agency, John Ratcliffe, were both asked about the Signal chat, to which Jeffrey Goldberg, the editor in chief of The Atlantic, was inadvertently invited by National Security Adviser Michael Waltz. “There was no classified material that was shared in that Signal group,” Gabbard told members of the Senate Intelligence Committee.
Ratcliffe said much the same: “My communications, to be clear, in the Signal message group were entirely permissible and lawful and did not include classified information.”
President Donald Trump, asked yesterday afternoon about the same matter, said, “It wasn’t classified information.”
I can’t be sure that releasing the full chat was the plan from the outset, but it must be deeply satisfying to use a person’s (or administration’s) predilection for lying against them.
Some Thoughts on WWDC25
As is tradition this time of year, Apple announced the dates for its annual developer conference: June 9–13, 2025.
Apple is basically following its COVID-era playbook: pre-recorded presentations, and, for the third year, a one-day “in-person experience” the Monday of the show.
The modern WWDC is somewhat emblematic of the modern Apple: high production values, efficient, and with enough humanity and playfulness to distract us from the intricately choreographed nature of the beast.
In many ways, I miss live, in-person WWDC. I mean the whole thing, not just the one day event. It was a hellacious week for those of us working the show—and for many in Apple, a hellacious several months—but the experience cannot be matched, from the crucible of rehearsals and related preparations to the energy of a live presentation to bumping into old friends you see but once a year.
COVID restrictions made preparations somewhat easier, as pre-recorded videos can be more easily honed: script every word, read off a teleprompter, repeat until perfect, and edit as necessary. Live presentations required as much as half-a-dozen rehearsals, and the speaker might still get nervous up on stage and flub a line or a demo.
And I loved helping speakers craft and hone their presentations. It was, and remains, one of the highlights of my job.
The other part of WWDC I miss dearly is the in-person labs. Once the exclusive domain of DTS, these labs were expanded to include all of engineering. Eventually, once videos were easily available for streaming on demand, the labs became the big draw for many developers. There’s nothing like a ten-minute in-person conversation with an Apple engineer to unblock a stalled project.
Each year, I eagerly anticipated my role as a lab “concierge”—ensuring every developer met with the right engineer (or App Reviewer or Evangelist) while also acting as an escalation point for developer complaints—even though it meant “performing” an extremely extroverted version of myself. It allowed me to meet amazing developers and connect them with equally amazing Apple people to solve their pressing issues. It was a deeply fulfilling week.
(But goodness, was I emotionally—and physically!—drained at the end of that week! I usually needed at least the weekend, if not the full week after, to refill my battery. Still, totally worth it.)
Pre-COVID, only the 4,000–5,000 in-person attendees benefited from labs. After COVID, and the creation of a virtual lab experience, thousands of developers from around the world were able to meet with DTS and other Apple engineers. That was a huge win for the developer community, expanding who benefited from these conversations. Still, while we extended our reach, I can’t help but feel we lost some of the humanity. Labs became less fluid and more transactional. Gone missing was the ability to pull in a colleague, or walk someone over to another lab, or share the learning experience with other developers. The community aspect of in-person labs dissipated online.
And I definitely missed the random in-person developer conversations I was fortunate enough to have.
Apple is again hosting a special event at Apple Park on “opening day.” In years past, attending WWDC was an experience for the privileged few. You had to be wealthy enough, employed enough, or simply fortunate enough to get in, and if you were outside of the US, it was an additional burden, even in the best of times. During COVID, these special events were further limited to those who were healthy enough—or foolish enough, depending on your perspective—to brave a brush with COVID and lucky enough to get picked in the “random selection process.”
Regardless, WWDC is a career highlight for many a developer.
This year, attending WWDC from outside the United States is a much scarier proposition considering the sharp authoritarian turn this country has taken, and the very real threat of visitors being detained for weeks, deported, or illegally rendered to a hostile country.
Many developers coming to the US for WWDC must first receive a visa letter from Apple “inviting” them. Historically, those invitations and visas were routine (except for some countries, like China), and there was seldom a safety concern for those visa recipients.
Today, not so much. I’m confident that inside Apple, there are conversations (or at least, people trying to have conversations) about the safety concerns—and the ethics—of issuing those visa letters. You can bet your bottom dollar Apple lawyers and public relations folks are busily gaming out scenarios for what to do if a developer “invited” by Apple is held at the border, or worse.
Apple will not publicly comment on this, of course. How can a $3 trillion US-based multinational company possibly express concern about the eroding civil liberties of their home country?
As an individual citizen of the United States, though, I cannot in good conscience recommend a developer come here for WWDC. It’s simply not worth taking the risk that some overzealous border control or ICE agent will consider you a threat. No conference is worth that.
There is something Apple could do to ease any developer anxiety about traveling to the US, while reducing the potentially overwhelming sense of FOMO that may drive many developers to chance it anyway.
Instead of making Apple Park the center of the developer universe, hold events in any of the many cities where Apple has a presence. Battersea in London, for example. Outside of the US, Apple has a dozen and a half Developer Academies in five countries and Developer Centers in three more.
These locations already host developer events. Do something special for WWDC. Commission unique t-shirts and pins for each location. Have senior executives show up and take selfies. Go wild!
With no shortage of stunning spaces in which to host developers, Apple could make WWDC a truly global event. And it would quietly demonstrate to developers that Apple understands the moment we’re in.
Trump’s National Security Advisor Accidentally Added the Editor in Chief of The Atlantic to a Signal Thread With High-Ranking Administration Officials Discussing Yemen War Plans
Jeffrey Goldberg, the editor in chief of The Atlantic, was added to a Signal thread with 17 high-ranking Trump administration officials, where the group proceeded to discuss what could only be considered top secret information (Apple News+ link):
At 11:44 a.m., the account labeled “Pete Hegseth” posted in Signal a “TEAM UPDATE.” I will not quote from this update, or from certain other subsequent texts. The information contained in them, if they had been read by an adversary of the United States, could conceivably have been used to harm American military and intelligence personnel, particularly in the broader Middle East, Central Command’s area of responsibility. What I will say, in order to illustrate the shocking recklessness of this Signal conversation, is that the Hegseth post contained operational details of forthcoming strikes on Yemen, including information about targets, weapons the U.S. would be deploying, and attack sequencing.
The entire story demonstrates a stunning disregard—willful or otherwise—for even basic operational security procedures among people entrusted with our nation’s most sensitive secrets.
As Goldberg notes:
Had they lost their phones, or had they been stolen, the potential risk to national security would have been severe.
Every Monday, new Apple employees receive a stern lecture about keeping devices and communications secure, and ensuring sensitive information isn’t accidentally leaked to those not authorized to receive it. Literally on Day One.
At Apple, this level of security malfeasance has cost people their jobs, and in any other administration—or, more precisely, in any Democratic administration—this would be a huge scandal, and people would be fired—and quite possibly prosecuted—for leaking this information. I’m also confident that had Goldberg shared the Signal thread prior to the bombings, he would be arrested and tried for treason.
I doubt the stunningly reckless behavior of these officials will result in even a hand-slap.
(Via Laffy.)
‘I’m the Canadian who was detained by Ice for two weeks. It felt like I had been kidnapped’
Jasmine Mooney writes in The Guardian about her harrowing experience being locked up in a series of ICE facilities after her visas were revoked:
I was taken to a tiny, freezing cement cell with bright fluorescent lights and a toilet. There were five other women lying on their mats with the aluminum sheets wrapped over them, looking like dead bodies. The guard locked the door behind me.
For two days, we remained in that cell, only leaving briefly for food. The lights never turned off, we never knew what time it was and no one answered our questions.
Stories about the inhumane conditions in these detention facilities mainly seem to make the news when it’s someone who “doesn’t belong there,” but the conditions are awful for everyone. It’s imperative that we continue to bring attention to this issue. I’m glad Mooney was willing to speak out and use her personal privilege.
To put things into perspective: I had a Canadian passport, lawyers, resources, media attention, friends, family and even politicians advocating for me. Yet, I was still detained for nearly two weeks.
Imagine what this system is like for every other person in there.
I can’t imagine having no way to reach someone who can help you, whether in the US or your home country, because you don’t have their telephone number or email address. It’s a nightmare—and there’s no incentive for the facilities to resolve things:
The reality became clear: Ice detention isn't just a bureaucratic nightmare. It's a business. These facilities are privately owned and run for profit.
Companies like CoreCivic and GEO Group receive government funding based on the number of people they detain, which is why they lobby for stricter immigration policies. It's a lucrative business: CoreCivic made over $560mfrom Ice contracts in a single year. In 2024, GEO Group made more than $763m from Ice contracts.
The more detainees, the more money they make. It stands to reason that these companies have no incentive to release people quickly. What I had experienced was finally starting to make sense.
If Donald Trump and Elon Musk were truly serious about cutting wasteful government spending, they’d abolish ICE.
Which I’m sure is next, right after “cancel Starlink contracts”.
‘Voter’s Remorse Hotline’
Because rueful laughter is still laughter.
‘Thirty Lonely but Beautiful Actions You Can Take Right Now Which Probably Won't Magically Catalyze a Mass Movement Against Trump but That Are Still Wildly Important’
Garrett Bucks on the importance of taking small, seemingly insufficient actions:
Why? Because others will see you do them, and it will make it easier for them to take their own (slightly less lonely but equally beautiful) action by your side.
From February, but still (maybe even more) relevant today.
Here’s the first one:
The next time you read an article about how USAID or the Consumer Finance Protection Bureau or the Department of Education is being attacked, remember that no matter how impactful the agency, movements don’t coalesce around acronyms—they are always about empathy for each other. Take a few minutes to research a specific program administered by those agencies that help people, and ring the alarm for everybody you know. Stop saying “Trump and Musk are the worst” and practice saying things like “Trump and Musk are sentencing millions of AIDS patients to death” or “Trump and Musk want credit card companies to rip us off” or “Trump and Musk just cut mental health and math tutoring resources for your kids’ school.”
I’m working to do better at this when I rant on Mastodon. And I’ll try to do a few of the remaining 29, despite many of them giving me, as Bucks puts it, “anxiety about putting [myself] out there.”
‘Normalizing Fascists,’ or ‘How Journalists Covered the Rise of Mussolini and Hitler’
From John Broich in The Conversation (via Smithsonian Magazine[1]):
How to cover the rise of a political leader who’s left a paper trail of anti-constitutionalism, racism and the encouragement of violence? Does the press take the position that its subject acts outside the norms of society? Or does it take the position that someone who wins a fair election is by definition “normal,” because his leadership reflects the will of the people?
These are the questions that confronted the U.S. press after the ascendance of fascist leaders in Italy and Germany in the 1920s and 1930s.
First published in December 2016. Our biggest newspapers have learned nothing since, and—dare I say—are even worse now.
By the later 1930s, most U.S. journalists realized their mistake in underestimating Hitler or failing to imagine just how bad things could get.
When will today’s journalists come to the same realization about Trump?
What will historians write about today’s newspapers one hundred years hence?
Smithsonian went with an accurate-yet-anodyne “How Journalists Covered the Rise of Mussolini and Hitler” instead of the original’s more provocative “Normalizing fascists.” I think they complement each other. ↩︎
Trump Preparing to Abuse ‘Alien Enemies Act’ to Expand Deportations
Priscilla Alvarez, Jennifer Hansler, and Alayna Treene, writing for CNN:
The Trump administration is expected to invoke a sweeping wartime authority to speed up the president’s mass deportation pledge in the coming days, according to four sources familiar with the discussions.
The little-known 18th-century law, the Alien Enemies Act of 1798, gives the president tremendous authority to target and remove undocumented immigrants, though legal experts have argued it would face an uphill battle in court.
[…]
The announcement, which could come as soon as Friday, has been a moving target as officials finalize the details.
This threat isn’t new—Trump has been making it since at least September 2023—but this latest report, coming just days after the illegal detention of Mahmoud Khalil, suggests a move may indeed be imminent.
(Not to get too conspiratorial, but today—Friday—marks Day 53 of the Trump regime, which some may recognize as significant.)
Calling it an “uphill battle” is a bit of a gloss, though. Here’s the relevant section of the Act (emphasis mine):
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.
To my layman’s eyes, a plain reading of the Act makes it clear that it cannot be invoked without a declared war or invasion from a foreign country.
The “first” group Trump wants to use this Act against:
The primary target remains Tren de Aragua (TDA), a Venezuelan organized crime group that is now operating in the United States and other countries.
Are we supposed to believe we are at war with or threatened by an invasion from Venezuela—a country with fewer people than Texas? Does Trump even know where Venezuela is?
Attempting to use it in this situation would be, at best, misleading and at worst, blatantly illegal. Not that such trivialities matter much to Trump.
Trump wants to use this Act for one, simple reason:
Those subject to the Alien Enemies Act would not be allowed to have a court hearing or an asylum interview since they would be processed under an emergency, wartime authority — not immigration law. Instead, they would be eligible to be detained and deported, with little to no due process, under Title 50, the section of the U.S. code housing America’s war and defense laws.
Bypassing the courts and the legal system: the preferred tactic of every would-be dictator.
This Act has been invoked just three times since 1798, all in times of war. By first threatening to invoke this little-used law against a foreign criminal gang, Trump is defying us to defend them, daring us to stand with “the enemy.” After all, who’s against cleaning up our streets from dangerous gangs, right?
If he succeeds with this abuse, who gets flagged as a “member” of the gang will expand, followed by which gangs get targeted. You can bet Mexico and other South and Central American “gangs” are on his list. Muslim and African “gangs” won’t be too far behind. Eventually, it won’t even need to be couched as “members of a gang.” It’ll just be dehumanized “vermin” from “shithole countries.” By the time the country realizes what he’s doing, it will have been normalized.
Every immigrant—legal or undocumented, recently arrived or decades settled—is at risk to the whims of the Trump regime.
It’s just a matter of time before Trump starts detaining natural-born citizens, too.
“Free Speech,” as Long as It’s Speech I Agree With
Joseph Gedeon, writing for The Guardian:
The mayor of Miami Beach is attempting to evict an independent cinema from city-owned property after it screened No Other Land, the film about Palestinian displacement in the West Bank that just won the Oscar for best documentary.
Steven Meiner’s proposal would terminate O Cinema’s lease and withdraw $40,000 in promised grant funding. In a newsletter sent to residents on Tuesday, Meiner condemned the film as “a false one-sided propaganda attack on the Jewish people that is not consistent with the values of our City and residents”.
An American government official should understand that, in America, screening this movie is a First Amendment right:
“Screening movies to make sure they conform to local censors’ tastes is a practice we left behind with the red scare,” said Adam Steinbaugh, an attorney at the Foundation for Individual Rights and Expression (Fire).
“If the first amendment doesn’t mean that a movie theater can show an Oscar-winning film, something is seriously wrong.”
Something is, of course, seriously wrong.
Amy Coney Barrett, “DEI Justice”
Madiba K. Dennie, writing in Balls and Strikes about the backlash against Justice Amy Coney Barrett for daring to dissent, even briefly, from the conservative orthodoxy:
Barrett’s fellow travelers on the right felt betrayed, and voiced that betrayal with the kind of vitriol they normally reserve for minorities and poor people. Often, when a marginalized person ventures outside of the box conservatives try to put them in, Republicans attack their credentials and character, painting them as undeserving and ungracious. Barrett, a lifelong conservative less than three years removed from casting the deciding vote to overturn Roe v. Wade, got to experience a version of that this week. Republicans have from time to time been disappointed in the Republican men on the Court too, of course, but they aren’t telling Roberts that he’s unqualified, that he has kids at home, or that he should go back to Indiana and smile on his way out. Barrett is a dutiful foot soldier of the patriarchy, but she’s still a woman.
In this circle, “DEI,” of course, means “not a white man,” and “conservatism” is all about following the white male playbook. Failure to do so will be punished, regardless of how much in the tank for their cause you otherwise are.
Putin ‘Celebrates Immigration Arrest of Columbia Student, Vows to Target Others’
I’m sorry, that’s wrong. That should be “Trump Celebrates Immigration Arrest of Columbia Student, Vows to Target Others.”
We regret the error.
That headline is from the Washington Post story covering Mahmoud Khalil’s “arrest” (a word meant to lend a veneer of legality):
Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia, called Khalil’s arrest “genuinely shocking.”
“Arresting and threatening to deport students because of their participation in political protest is the kind of action one ordinarily associates with the world’s most repressive regimes,” he said. “Universities must recognize that these actions pose an existential threat to academic life itself. They must make clear, through action, that they will not sit on the sidelines as the Trump administration terrorizes students and faculty alike and runs roughshod over individual rights and the rule of law.”
Repressive regimes is overly polite. Brutal dictatorships seems more accurate.
Let me be clear: Regardless of your “politics”—whether you agree or disagree with what Mahmoud Khalil was protesting—detaining, arresting, and disappearing a legal American resident is a violation of due process and the First Amendment. It is an act of aggression against this country and its citizens (and legal residents), and it won’t stop with just Khalil, nor with people who engage in, as Trump sees it, “pro-terrorist, anti-Semitic, anti-American activity.”
The regime’s justification for this chilling action is based on a broad interpretation of the law:
The administration did not publicly lay out the legal authority for the arrest. But two people with knowledge of the matter, who spoke on condition of anonymity to discuss sensitive internal deliberations, said Secretary of State Marco Rubio relied on a provision of the Immigration and Nationality Act that gives him sweeping power to expel foreigners.
The provision says any "alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable."
Taken to its extreme—and no, Khalil’s snatching is not yet the extreme—the Trump regime could use this interpretation to detain and expel any green card or visa holder. You disagree with Trump’s threats to invade Canada, Greenland, or Panama, his Ukraine policies, or simply enjoy mocking him? That’s a serious adverse foreign policy consequence for the United States. Begone.
That’s not even the end of it. Even naturalized citizens (hi!) can have their citizenship revoked. One reason your citizenship can be revoked?
[…] if the U.S. government can prove that you joined a subversive organization within five years of becoming a naturalized citizen. Subversive organizations are groups deemed to be threats to U.S. national security. Examples include the Nazi Party and Al Qaeda.
Guess who gets to determine what a “subversive organization” is? How long before the Democratic Party itself is deemed “subversive”? There is supposed to be due process, of course, but due process is clearly not much of a deterrent for this regime.
First undocumented immigrants.
Then green card holders.
Then birthright citizens.
Then naturalized citizens.
Then you.
I’ll Remind You That He Is Not Secretary of State (Or Anything Else)
This New York Times piece, from Jonathan Swan and Maggie Haberman, purportedly about serious disagreement inside Trump’s Cabinet over which of his sycophants are in charge, reads more like a Television Without Pity recap of an episode of The Apprentice, only with less clever writing.
It’s filled with weird quotes-that-aren’t (reading like a lightly altered transcript of a surreptitious recording), and contains some truly awful New York Times-isms, like this one:
Cabinet officials almost uniformly like the concept of what Mr. Musk set out to do — reducing waste, fraud and abuse in government — but have been frustrated by the chain saw approach to upending the government and the lack of consistent coordination.
One: There is zero reason to believe this “concept” is Musk’s goal (and plenty of evidence to believe otherwise). It’s unadulterated mendacity.
Two: It admits these cabinet officials want to bring about the destruction the US government and the pain it inflicts on the American people, just slower and with more meetings.
It’s an infuriating passage—a demonstrably false premise, paired with a disingenuous conclusion—and sanitized through the antiseptic language of propriety.
This exchange really struck me, though:
At another point, Mr. Musk insisted that people hired under diversity, equity and inclusion programs were working in control towers. Mr. Duffy pushed back and Mr. Musk did not add details […].
The exchange ended with Mr. Trump telling Mr. Duffy that he had to hire people from M.I.T. as air traffic controllers. These air traffic controllers need to be “geniuses,” he said.
Many of us have known about Musk’s racism for almost a decade, and about Trump’s for far longer, so we understand that when they say “diversity, equity and inclusion” they mean “not white men.”
The additional “tell” is the suggestion to hire from MIT, because in Trump’s mind, “geniuses” = “MIT” = “white”.
Just 7.6% of MIT’s student population is Black.
US Mint, For Entirely Unknowable Reasons, Memory-Holes Jan. 6 Commemorative Medals
Brandi Buchman breaks this story for HuffPost:
Commemorative bronze duplicates of the Congressional Gold Medal awarded to Jan. 6 police officers who defended the U.S. Capitol appear to have been removed for sale from the U.S. Mint’s website.
There’s also this apparently independent report from NBC News where the author, Ryan J. Reilly, describes the removal as:
another instance of President Donald Trump’s administration moving to take down material related to the violent episode stemming from his falsehoods about the 2020 presidential election results.
I saw this just days after I questioned if some US Mint coins this administration might deem “woke DEI” would even get minted today, so I was immediately outraged, but held off on linking to it. As tempting as it was to unleash righteous indignation on Trump for this, I didn't want my confirmation bias leading me to the wrong conclusion about a change that could have a perfectly innocuous and reasonable explanation. After all, there was only the HuffPost report (and later, the NBC one), with no indication of why or when this medal was removed.
The why remains uncertain, but the when has a smidge more clarity: The Internet Archive’s January 9, 2025 snapshot of the US Mint’s Medals page shows an entry for “Those Who Protected the U.S. Capitol on January 6, 2021.” I presume it’s the medal in question. That page has a “last updated on” date of November 26, 2024.
(The Medals page lists all medals available from the US Mint.)
A February 22, 2025 snapshot—with a “last updated on” date of February 5, 2025—does not list the medal.
I can therefore say with some confidence that this entry—and, I presume, the medal—was removed sometime between November 26, 2024 and February 5, 2025. That’s a pretty broad window, spanning the last months of the Biden administration and the first weeks of Trump’s.
I can also say with confidence that the only change to the page was, in fact, the removal of that one medal entry.
This is not dispositive. It’s possible the Biden administration or the US Mint decided—for completely practical, pragmatic, and uncontroversial reasons—to remove this medal from the site.
The alternative is to suggest that Donald Trump—who denied the insurrection, pardoned 1,500 rioters, purged Department of Justice prosecutors and FBI agents who worked the Jan. 6 cases, scrubbed the DOJ’s “comprehensive website cataloguing the largest criminal investigation in modern department history,” and has lied, repeatedly about Jan. 6—directed the US Mint to remove a commemorative medal “Honoring the service and sacrifice of those who protected the U.S. Capitol” on Jan. 6.
It’s quite the coin flip.
American Innovation $1 Coin Program Promotes Woke DEI
As I explored the American Innovation $1 Coin site for my aforelinked Steve Jobs piece, I came across several interesting—even inspiring—coins:
- Arkansas: Features “Raye Montague visualizing a United States Navy Oliver Hazard Perry-class frigate, a ship she designed by computer.”
- South Carolina: Features “Educator and activist Septima Poinsette Clark […] called the ‘Mother of the Civil Rights Movement’” with a design depicting her “with three African American students carrying books and an American flag, representing that education and literacy are necessary for empowerment and enjoyment of civil rights.”
- Pennsylvania: “Focuses on the extraordinary work of Dr. Jonas Salk and his team at the University of Pittsburgh in the discovery of the polio vaccine.”
- Massachusetts: Honors Alexander Graham Bell’s “tele-phone” and “depicts the dial of an early rotary dial telephone.”
A Black female naval engineer, a Black female Civil Rights leader, a Jewish scientist who developed vaccines, and an immigrant. How many of these innovators would be decried by this regime as “woke DEI”.
Would any of these coins be minted today?
‘No More Kings’
A reminder from Schoolhouse Rock, that most cherished and enduring of educational institutions, in light of recent proclamations.
In Trump’s Anti-DEI World, ‘Straight White Male, the Lowest Difficulty Setting There Is’ Remains More Relevant Than Ever
A dozen years after John Scalzi wrote this, it continues to resonate—perhaps even more so now than then:
Dudes. Imagine life here in the US — or indeed, pretty much anywhere in the Western world — is a massive role playing game, like World of Warcraft except appallingly mundane, where most quests involve the acquisition of money, cell phones and donuts, although not always at the same time. Let’s call it The Real World. You have installed The Real World on your computer and are about to start playing, but first you go to the settings tab to bind your keys, fiddle with your defaults, and choose the difficulty setting for the game. Got it?
Okay: In the role playing game known as The Real World, “Straight White Male” is the lowest difficulty setting there is.
This means that the default behaviors for almost all the non-player characters in the game are easier on you than they would be otherwise. The default barriers for completions of quests are lower. Your leveling-up thresholds come more quickly. You automatically gain entry to some parts of the map that others have to work for. The game is easier to play, automatically, and when you need help, by default it’s easier to get.
I have been sharing this concept since I first read it in 2012. It’s instantly understood and makes for great fodder for… discussion. The strongest pushback I received (and I always received pushback) was invariably some form of “Not all straight, White Males”. Which, of course, was missing the point.
The follow-ups (first, second) are also important reads, but especially Ten Years On, where Scalzi reflects on the impact of his post, and adds the very important cis identifier to his description.
This crossed my mind again because so much of America’s problems can be traced directly to Cis, Straight, White Males complaining the game has gotten harder for them, and that “DEI” makes it harder still.
This was brought into stark relief by a Mastodon post from @susankayequinn, which included this (altered) Calvin and Hobbes image:
Or, I didn’t have to compete before, now I do, and I don’t like it.
Thing is, the lower-qualified white people understand this, it’s why they’re Big Mad about white dudes losing their divine right to run everything with zero consequences.
Cis, Straight, White Males want to reset the game to when they had all of the advantages. It’s a driving motivator for the Trump regime, and a significant reason why they’re in power.
It Has Always Been Called ‘Gulf of America’
On Monday, Google announced that Gulf of Mexico would be renamed to Gulf of America, as demanded by Donald Trump.
That evening, in response to a post from @luckytran about this change, I wrote:
This will surely change as Apple bows to pressure, but for now, I'm sharing my appreciation.
I included screenshots of Apple Maps still showing Gulf of Mexico and a “No matching places found” error when searching for Gulf of America.
My appreciation was short-lived. Today, Apple bowed to the pressure:
I actually thought it would take Apple longer to acquiesce, that they’d employ some simple sabotage to slow things down, insist they needed to get “community input” or “global acceptance”, or merely needed to “follow procedures,” a process Apple knows quite well.
But no. They acted quickly, almost eagerly. Here you go, sir. Can I get you anything else, sir? Thank you, sir.
I understand that map names are driven by governmental decree, and, having been thus decreed, Google, Apple, and other map providers might feel they had no choice but to comply—though, as of this writing, only Google and Apple have done so.
Yet I can’t tell what consequences there’d be if they hadn’t complied. It appears there are no direct legal penalties for companies (or individuals) for simply ignoring the change. Apple and Google could have defied Trump and all he could do is impotently yell at them. Perhaps they are fearful of punitive action from Trump’s regime—punishing tariffs? mean tweets?—but they didn’t even test his resolve.
Tim Cook could have insisted that there are four lights[1] and defied Trump to call him a liar.
Instead, the rest of the world laughs as we insist it’s the Gulf of America.
As it always has been, of course.
Elie Mystal on Preparing His Kids to ‘Confront the Dystopian Future’ of This Authoritarian Regime
“Parenting In the Age of Trump,” from the irreplaceable Elie Mystal in The Nation, is a brilliant examination of the mechanisms of resistance his kids (and we) need to employ. I’m tempted to quote the piece at length, but it’s best if you just read the whole thing.
But allow me these two:
I already know that my kids will encounter a civil rights environment more like the one faced by my grandparents in the segregated South in the 1920s, than the one I faced in 1980s Queens. My skills of fighting the white man through argument and lawsuits seem completely irrelevant to the lives MAGA will force them to live. I’m a classically trained effete liberal columnist trying to prepare children to live in a Hobbesian state of perpetual white violence against us. What the hell do I know about what they must learn to do? We are well past the point where “pulling your pants up” and engaging in respectability politics designed to appease “reasonable” white folks is of any use.
And:
People can entirely miss me with “But golly gee, Elie. If we use the tactics of our enemy we are no better than them.” That way of thinking is obsolete. That way of thinking is how you get whatever the hell the “Democratic Party” is doing right now. Everybody wants to raise Barack Obama. I’ve got to start trying to raise Harriet Tubman. In a worst case scenario, I have to be raising Oskar Schindler. I need my kids to be able to chloroform a baby they’re hiding in their attic when ICE comes around, then walk downstairs and pay Musk’s troops in Bitcoin to make them go away.
Seriously, just go read it.
(Via @echoz@kopiti.am.)
‘Can President Biden Actually Ratify the ERA?’
A helpful explainer[1] from Emily Amick on the history of the ERA, and the legal issues that suggest President Biden’s recent assertion is legally meaningless, in large part due to the amendment’s ratification deadline—plus an interesting take:
Legally, I think it’s pretty clear the congressional ratification deadline is law, and therefore needs to be extended in order to ratify the ERA. There is a political argument here to push for ratification, and even to steamroll Biden into doing this to force Trump’s hand-picked Supreme Court to overturn it (under Trump’s watch). This could create a galvanizing moment for further political organizing.
The problem is that this isn’t who Joe Biden is. He isn’t someone who will do something contravening Supreme Court precedent, and I don’t think this is the issue he is going to evolve for.
She wrote this in December, 2024 and later added a postscript:
The more I’ve thought about this the more I’ve realized what a terrible strategic move this idea was. If Biden were to force the Archivist to publish the ERA, it would have gotten litigated and gone to the majority-conservative Supreme Court. They would undoubtedly overturn the decision, and in doing so would likely make arguments similar to those we saw in the 2020 Trump OLC memo. They would give us a binding decision that Congress can’t fix the ratification deadline. The actual result of this would be to make it nearly impossible to ever get the ERA as an actual part of the Constitution. This strategic mess is emblematic of the leadership we’ve seen from feminist organizations who oversaw the fall of Roe, legally, politically and optically flawed.
I don’t think President Biden was “steamrolled” into this, and clearly he’s “evolved” at least a little bit on the matter. While he hasn’t pushed the Archivist to ratify, I agree with Amick’s assessment that Biden’s decision was meant to create a “galvanizing moment,” but I don’t agree that it was a strategic blunder.
Time will tell, but I’m glad President Biden is doing something to nudge along a 50-plus-year amendment.
I originally read this on Ms. Magazine, but I’m linking to the original Substack article because Amick seems to be updating it as needed. ↩︎
Biden Asserts Equal Rights Amendment ‘the Law of the Land’ and ‘Part of Our Constitution,’ Daring Conservatives to Say Otherwise
President Joe Biden, in a White House statement:
On January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify the Equal Rights Amendment. The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.
The New York Times, in a multi-bylined article notes:
Under the Constitution, however, the president has no direct role in approving amendments and his statement has no legal force by itself. The archivist of the United States, a Biden appointee, has refused to formally publish the amendment on the grounds that it has not met the requirements to become part of the Constitution.
President Biden did this knowing there’d be court and congressional battles, and is effectively daring them to argue that women aren’t equal under the law, rather than cowering behind “there’s no law that says they are, so who can tell?” Such battles could force many national and state leaders to go on the record and might prove quite distracting to the incoming regime.
To which I say: Fantastic! Do more! President Biden should throw more progressive-but-controversial acts behind him as he strides out of the Oval Office, like caltrops strewn in front of a speeding car.
Donald Trump is an Insecure, Petty Man, and Mike Johnson, Greg Abbott, and other Republicans are His Pathetic, Unpatriotic Abettors
Anna Betts, reporting for The Guardian:
American flags at the US Capitol will fly at full-staff for President-elect Donald Trump’s inauguration in Washington DC on Monday, despite a White House order for flags to remain at half-staff for 30 days after the death of former president Jimmy Carter last month.
The House speaker, Mike Johnson, first announced the change on Tuesday. In a post on social media he wrote: “On January 20th, the flags at the Capitol will fly at full-staff to celebrate our country coming together behind the inauguration of our 47th President, Donald Trump.” He added: “The flags will be lowered back to half-staff the following day to continue honoring President Jimmy Carter.”
How does the Speaker of the House get to decide what happens to flags on the Capitol? Isn’t that federal property, under the control of (still) President Joe Biden?
This, of course, follows Donald Trump’s childish griping about the flags being flown at half-staff during his inauguration, calling Democrats “giddy” about it. As I noted previously, no one is giddy, it’s the law. But apparently no one has to follow the law anymore if it makes them feel insecure.
It’s not just Trump and his Johnson worried about being at half-staff. Robert Jimison at the New York Times reports:
Republican governors in Alabama, Iowa, Nebraska and Florida also announced that flags in their states would be raised on Monday and returned to half-staff the next day.
Plus the Republican governors of Texas, North Dakota, Idaho, and Tennessee, according to Iris Seaton at the Asheville Citizen Times.
These “leaders” have no respect for the flag or the laws of this country. They’ve pledged fealty to one man, patriotism or common decency be damned.
In Trump’s social media whining, he also wrote:
[…] the Flag may, for the first time ever during an Inauguration of a future President, be at half mast.
He’s wrong, of course. From the January 21, 1973 edition of the New York Times, in which R. W. Apple Jr. wrote about the second inauguration of Richard Nixon:
The President spoke from temporary portico erected adjacent to the Capitol, with the United States Marine Band, in scarlet tunics, arrayed before him. All flags on the Capitol were still at half‐staff in memory of former President Harry S. Truman, who died last Dec. 26.
Even Nixon had more integrity and empathy.
‘No, Merrick Garland Did Not Let Donald Trump Skate’
Harry Litman disputes, in an article for The New Republic, the very common criticism (including my own) that Merrick Garland slow-walked the Trump investigation:
The charge of foot-dragging has become a meme. Elie Honig, writing in New York magazine, was particularly cocksure: "The debate about whether Garland took too long to charge the Trump cases—or to appoint a Special Counsel to get the job done—is over. Exhibit A: there's not going to be a federal trial before the 2024 election. End of story."
But the charge is a bum rap.
The record demonstrates that Garland made investigating Trump a top priority, even as he also focused on restoring integrity to the Justice Department. The investigation was extraordinarily complicated and slowed by unusual and unpredictable obstacles, including the Supreme Court's lawless immunity ruling. Moreover, events entirely outside of Garland's control ensured that Trump would not have been held accountable before the election. Finally, Garland's efforts, among others, made Trump's criminality more than clear to the voters, but they nevertheless were content to reelect a felon and serial sexual offender.
The storyline that Garland let moss grow on the investigation—some say until Jack Smith came aboard, others until the work of the January 6 committee embarrassed the department—doesn’t gibe with even the publicly available evidence, which likely will be supplemented over time with details that we still don’t know.
Litman outlines a compelling rebuttal, suggesting Garland may deserve more credit for pursuing this case than I (and others) have given him.
He concludes:
It’s understandable that some of the frustration over Trump’s escape from justice has been displaced onto Garland. We put our hope in him to bring Trump down, and it didn’t happen. It’s easy to make him a scapegoat. But once you factor in all the other reasons for delay, it never was in the cards to bring Trump to justice before Election Day. And that was notwithstanding an overall diligent focus on the prospect from Garland’s first days in office.
Perhaps instead we should focus our ire on those who allowed Trump to remain a politically viable candidate after January 6, 2021, like Mitch McConnell and the 42 other Senators who voted to acquit Trump in his second impeachment trial.