Thursday, October 2, 2025

Fwd: I’ve been through government shutdowns. This one is radically different.

Happy Thursday from Pacific Grove

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---------- Forwarded message ---------
From: Robert Reich <robertreich@substack.com>
Date: Thu, Oct 2, 2025 at 1:05 AM
Subject: I've been through government shutdowns. This one is radically different.
To: <juanma2t@gmail.com>


Here's what's at stake, and why Dems must hold the line.
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I've been through government shutdowns. This one is radically different.

Here's what's at stake, and why Dems must hold the line.

Oct 2
 
READ IN APP
 

Friends,

I've been directly involved in government shutdowns, one when I was secretary of labor. It's hard for me to describe the fear, frustration, and chaos that ensued. I recall spending the first day consoling employees — many in tears as they headed out the door.

In some ways, this shutdown is similar to others. Agencies and departments designed to protect consumers, workers, and investors are now officially closed, as are national parks and museums.

Most federal workers are not being paid — as many as 750,000 could be furloughed — including those who are required to remain on the job, like air-traffic controllers or members of the U.S. military.

So-called "mandatory" spending, including Social Security and Medicare payments, are continuing, although checks could be delayed. (Trump has made sure that construction of his new White House ballroom won't be affected.)

There have been eight shutdowns since 1990. Trump has now presided over four.

But this shutdown — the one that began yesterday morning — is radically different.

For one thing, it's the consequence of a decision made in July by Trump and Senate Republicans to pass Trump's gigantic "big beautiful bill" (I prefer to call it "big ugly bill") without any Democratic votes.

They could do that because of an arcane Senate procedure called "reconciliation," which allowed the big ugly to get through the Senate with just 51 votes rather than the normal 60 votes required to overcome a filibuster.

The final tally was a squeaker. All Senate Democrats opposed the legislation. When three Senate Republicans joined them, Vice President JD Vance was called in to break a tie. Some Republicans bragged that they didn't need a single Democrat.

The big ugly fundamentally altered the priorities of the United States government. It cut nearly $1 trillion from Medicaid and the Affordable Care Act — with the result that health insurance premiums for tens of millions of Americans will soar starting in January.

The big ugly also cut nutrition assistance and environmental protection, while bulking up immigration enforcement and cutting the taxes of wealthy Americans and big corporations.

Trump and Senate Republicans didn't need a single Democrat then. But this time, Republicans couldn't use the arcane reconciliation process to pass a bill to keep the governing going.

Now they needed Senate Democratic votes.

Yet keeping the government going meant keeping all the priorities included in the big ugly bill that all Senate Democrats opposed.

Which is why Senate Democrats refused to sign on unless most of the big ugly's cuts to Medicaid and the Affordable Care Act were restored, so health insurance premiums won't soar next year.

Even if Senate Democrats had gotten that concession, the Republican bill to keep the government going would retain all the tax cuts for the wealthy and corporations contained in the big ugly, along with all the cuts in nutrition assistance, and all the increased funding for immigration enforcement.

There's a deeper irony here.

As a practical matter, the U.S. government has been "shut down" for over eight months, since Trump took office a second time.

Trump and the sycophants surrounding him — such as Russell Vought, director of the Office of Management and Budget, and, before him, Elon Musk and his DOGE — have had no compunctions about shutting down parts of the government they don't like — such as USAID.

They've also fired, laid off, furloughed, or extended buyouts to hundreds of thousands of federal employees doing work they don't value, such as at the Consumer Financial Protection Bureau and the Corporation for Public Broadcasting. (The federal government is already expected to employ 300,000 fewer workers by December than it did last January.)

They've impounded appropriations from Congress for activities they oppose, ranging across the entire federal government.

Yesterday, on the first day of the shutdown, Vought announced that the administration was freezing some $26 billion in funds Congress had appropriated — including $18 billion for New York City infrastructure (home to Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries) and $8 billion for environmental projects in 16 states, mostly led by Democrats.

All of this is illegal — it violates the Impoundment Control Act of 1974 — but it seems unlikely that courts will act soon enough to prevent the regime from harming vast numbers of Americans.

Vought is also initiating another round of mass layoffs targeting, in his words, "a lot" of government workers.

This is being described by Republicans as "payback" for the Democrats not voting to keep the government going, but evidently nothing stopped Vought from doing mass layoffs and freezing Congress's appropriations before the shutdown.

In fact, the eagerness of Trump and his lapdogs over the last eight months to disregard the will of Congress and close whatever they want of the government offers another reason why Democrats shouldn't cave in.

Were Democrats to vote to keep the government going, what guarantee do they have that Trump will in fact keep the government going?

Democrats finally have some bargaining leverage. They should use it.

If tens of millions of Americans lose their health insurance starting in January because they can no longer afford to pay sky-high premiums, Trump and his Republicans will be blamed. Months before the midterms.

It would be Trump's and his Republicans' fault anyway — it's part of their big ugly bill — but this way, in the fight over whether to reopen the government, Americans will have a chance to see Democrats standing up for them.

 
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© 2025 Robert Reich
548 Market Street PMB 72296, San Francisco, CA 94104
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Saturday, September 27, 2025

Something to Know - 27 September

I am going to take off for a week and spend it with good friends and our past memories of growing up and through college.   One of them is a member of
Congress, and we are all pretty much progressives with the same bent on life.   There is a lot to talk about, laugh about, and feel good about.   In the 
meantime, I am dumping two articles on you to ponder; the Slate piece on the increased defiance of how the Constitution works relative to ignoring 
what laws the Congress passes, and the approaching event when elections are cancelled along with the Constitutional transfer of power.    So, take 
the articles seriously and we can all think about them later, if not sooner.



Slate
https://slate.com › news-and-politics › 2025/09 › trump...
15 hours ago — Under the law, a president must seek Congress' permission to rescind "discretionary" spending, and give a reason for his request. If Congress ...

Christopher Armitage from The Existential Republic cmarmitage@substack.com 
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Sep 26, 2025, 2:18 PM (16 hours ago)
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(AP Photo/Evan Vucci)

Bottom Line Up Front (B.L.U.F.)

States need to pass these laws immediately, before it's too late. If Trump runs for a third term in violation of the 22nd Amendment, or if he attempts to cancel or indefinitely postpone elections, your state needs laws already on the books that automatically ban not just him but any political party that nominates or supports a constitutionally ineligible candidate from your state's ballot.

Don't wait for the crisis to hit. A party that backs someone who violates the Constitution's term limits or attempts to prevent the constitutional transfer of power has forfeited its legitimacy. States control their own ballot access laws. Pass these laws preemptively. Make it automatic. Make them choose between Trump and appearing on the ballot at all. That's how you enforce the Constitution when federal systems won't. Call, email, and shout this at your state legislators today.


The Justice Department now openly pursues cases against the President's political opponents. The Supreme Court has embraced unitary executive theory. Protesters are officially labeled as terrorists. These are observable facts. Given this reality, I have a simple question. If Trump and Republicans decided to cancel the next election, who would stop them? In a literal sense, what would the mechanism be? Is the hope of elected officials growing a spine the only thing between us and the final stage of an autocratic takeover.

We need to stop pretending the old safeguards still exist. When the President controls who gets prosecuted and the Supreme Court affirms his authority to do so, we're watching the end stages of democratic collapse. The question now is whether anyone can physically stop it.

Let me be precise. In America today, practically every single person who could arrest corrupt federal officials for federal crimes ultimately reports to those same officials. State prosecutors can charge state crimes, but they cannot enter federal property to make arrests.

The White House, federal courthouses, military bases remain off limits without federal permission. Given recent Supreme Court rulings on executive authority, this has become a central challenge to accountability. So we need to examine the real question. Who, specifically, arrests a President who refuses to leave office when the people with federal authority to do so answer to him?

Who arrests the FBI Director if he refuses an illegal order? The Inspector General can investigate but cannot arrest. The Deputy Director? Same problem. The entire FBI structure, over 37,000 personnel including 13,623 special agents, ultimately answer to one person. Title 28, Section 533 of the U.S. Code makes this explicit. The Attorney General, appointed by the President, controls all FBI functions.

The U.S. Marshals Service enforces federal law. They protect judges. They track fugitives. They have approximately 3,900 deputies. But the Director of the U.S. Marshals is appointed by the President. The Marshals operate under the Attorney General. Every Marshal's authority flows from the executive branch they would need to hold accountable.

The Capitol Police have arrest authority and more than 2,300 officers. They report to Congress, not the President. But to arrest the President, they'd need to enter the White House grounds. The Secret Service controls those grounds and reports to the President.

The Supreme Court? Federal law enforcement could theoretically arrest a Justice. In 1969, Justice Abe Fortas resigned under threat of criminal investigation. But who would order that arrest today? The Attorney General who serves at the President's pleasure.

State law enforcement has no federal jurisdiction. Even for state crimes, they cannot enter federal property without permission. The White House, federal courthouses, military bases are all off limits. Permission comes from federal authorities who report to the President.

The military? The Posse Comitatus Act explicitly prevents military involvement in domestic law enforcement, though Trump has repeatedly violated this restriction despite court rulings against him. Soldiers swear both to "support and defend the Constitution" and to "obey the orders of the President."

When those conflict, they're supposed to refuse unlawful orders. But we've already seen the military follow legally questionable directives. Article II, Section 2 makes him Commander in Chief, and in practice, that's been the oath that wins.

History shows us what happens when power actually changes hands, and the pattern is surprisingly consistent. In South Korea in 2017, President Park Geun-hye controlled the government but not the Office of the Prosecutor General, a deliberately independent institution created after dictatorship. When Prosecutor Park Young-soo issued the arrest warrant, he needed one thing. Military neutrality. The military refused to intervene. Without military backing, President Park surrendered. Four hours from warrant to custody.

The Existential Republic is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

Romania in 1989 tells a similar story. Nicolae Ceaușescu ruled for 24 years through the Securitate. On December 21, crowds turned hostile during his speech. He ordered the military to fire. Defense Minister Vasile Milea refused and was found dead. The military switched sides. By December 25, Ceaușescu was executed. Four days from speech to execution.

Peru in 2000 demonstrated another path. Alberto Fujimori controlled courts, congress, and the military. His mistake was leaving the country. Once in Japan, he faxed his resignation. Without physical presence, control evaporated. When he attempted to return via Chile in 2005, Chilean police arrested him. Twenty-five years in prison.

These stories show the process of how power actually changes hands and these stories don't generally involve inspiring tales of democracy prevailing. In every case, the military or security forces had to switch sides or stay neutral.

The American system presents unique paradoxes that make these best case scenarios unlikely. The FBI Director serves at the pleasure of the President. No tenure protection, no for-cause requirement. In 2017, James Comey learned this during an FBI recruitment speech from television news.

The military oath contains a contradiction. Soldiers swear to "support and defend the Constitution against all enemies, foreign and domestic." They also swear to "obey the orders of the President." When the President becomes the domestic enemy, which oath wins? The military's consistent answer is that they follow the chain of command.

The smart observer may think to ask about State prosecutors role in preventing full blown autocratic election theft. The fact is that while State prosecutors can charge state crimes, they cannot arrest federal officials on federal property. A New York prosecutor with a valid warrant cannot enter the White House. The Secret Service would stop them at the gate. This is protocol.

The inspector general system supposedly provides oversight. Seventy-three inspectors general across the federal government. In 2020, five were fired in six weeks. The rest understood the message. IGs write reports; they cannot make arrests.

Even if Democrats somehow win the House in 2026 midterms, despite Republican states and the federal government having a blank check to gerrymander districts, suppress votes, and intimidate voters, impeachment means nothing without conviction. Conviction requires two-thirds of the Senate. That's 67 senators. Democrats would need such an overwhelming, unprecedented victory that it's essentially impossible. The facts alone make removal through impeachment an oligarch backed fantasy.

Here's the bureaucratic reality. A U.S. Marshal with a lawful arrest warrant for the President walks to the White House gates. The Secret Service denies entry. Their job is protecting the President from all threats, including legal ones. Two federal agents, both following lawful orders, facing each other. The one inside wins.

Given this reality, we need to forget waiting for federal salvation and recognize that states have actual power. State attorneys general can prosecute state crimes including tax fraud, money laundering, and state RICO violations. State convictions survive federal pardons. Georgia, New York, Michigan, any state with jurisdiction can act.

States control banking licenses, insurance regulations, and business charters. New York regulates Wall Street. Delaware controls 67% of Fortune 500 companies. California regulates Silicon Valley. States can investigate, suspend, and revoke. No federal override exists for state banking regulations. Enforce the laws that exist and penalize corruption; things will get better. Even more ambitiously, ban corporate backed candidates from having their names printed on ballots and make them run as write ins. Corruption is the problem and we can doggedly pursue it to reclaim our nation.

States can form binding interstate compacts without federal approval. Twenty states could coordinate simultaneous prosecutions, share intelligence, and freeze assets together. We have multiple models for legal interstate compacts, now we just apply them to prosecutorial coordination.

Governors command their National Guard until federalized. The President needs specific legal justification to federalize. Multiple governors refusing simultaneously creates a legitimacy crisis no signature solves. The Guard has weapons, training, and state constitutional authority. For this to work, Governors must be proactive in their actions. Make it impossible to activate your states national guard for illegal and unconstitutional purposes.

States retain their own constitutions, courts, and enforcement power. When federal systems are captured, coordinated state resistance becomes crucial. Twenty-three states acting simultaneously creates an enforcement crisis no federal government can easily resolve.

Republican states have ignored federal authority for years without consequence. Democratic states must be equally willing to act first and litigate later, daring the federal government to try enforcing its will against half the country at once.

If you're waiting for "the system" to stop this, you're waiting for something that doesn't exist. Your state can act. Make it.


--
****
Juan Matute
The Harold Wilke House 
Claremont, California

Release the 
Epstein and Homan 
Files immediately



Friday, September 26, 2025

Something to Know - 26 September

Apparently, the pincers of pushback on Trump, Project 2025, and various fascist schemes have addled the root of the MAGA show.   The 
government shutdown, the overturning of Trump's Sharpie proclamations and the shabby poll ratings call for the doubling down of fear 
tactics.    The awkward mandatory of all military commanders all over the globe are being called to a Hegseth shit show next week, and 
this is one thing that is drawing scrutiny from all sides.  HCR has a good report for you.    I am curious about one thing that the Orange 
Faced Petri Dish of Malignant Humanity declared that all non-profits and activists are part of a terrorist network and......blah blah blah.   
Well,  I  consider myself somewhat of an activist, so I'll see how this works out.


Heather Cox Richardson from Letters from an American heathercoxrichardson@substack.com 
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Sep 25, 2025, 10:48 PM (10 hours ago)
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Today, with the popularity of President Donald J. Trump and his administration dropping, Trump's disastrous performance at the United Nations, the return of comedian Jimmy Kimmel to the airwaves, and the Tuesday's election in Arizona of Democratic representative Adelita Grijalva, who will provide the final signature on a discharge petition to demand a floor vote in the House over releasing all the government files on convicted child sex offender Jeffrey Epstein, the administration appears to be making a dramatic push to seize complete control of the government.

Last night, Office of Management and Budget director Russell Vought tried to jam the Democrats into passing the Republicans' continuing resolution to fund the government. Officials leaked a memo to PoliticoPunchbowl News, and Axios—publications that focus on events concerning Capitol Hill—saying that if the Democrats refuse to pass the Republicans' measure, the administration will try to fire, rather than furlough, large numbers of federal employees.

Such a move would be challenged in the courts, and the government has been forced to rehire many of the people it forced out earlier this year after those firings left agencies badly understaffed. But the threat is not idle; Vought is a Christian nationalist who has called for a "radical Constitutionalism" that demolishes the modern American state and replaces it with a powerful executive.

House minority leader Hakeem Jeffries (D-NY) responded: "Listen Russ, you are a malignant political hack. We will not be intimidated by your threat to engage in mass firings. Get lost." Senate minority leader Chuck Schumer (D-NY) said in a statement: "Donald Trump has been firing federal workers since day one—not to govern, but to scare. This is nothing new and has nothing to do with funding the government. These unnecessary firings will either be overturned in court or the administration will end up hiring the workers back, just like they did as recently as today."

Trump appears focused on September 30, when the government funding crisis will hit, and the days after it. Although courts have ruled that he does not have the power to impose tariffs willy-nilly, today Trump announced new tariffs of 100% on pharmaceuticals, 50% on kitchen and bathroom cabinets, 30% on upholstered furniture, and 25% on "Heavy (Big!) Trucks" beginning on October 1. On social media, he claimed such tariffs were necessary "for National Security and other reasons."

Today, James LaPorta of CBS News reported that the National Archives and Records Administration improperly released Democratic representative Mikie Sherrill's full military records to an ally of her Republican opponent, Jack Ciattarelli, in the New Jersey governor's race. The two candidates are tied, and Ciattarelli appears to be trying to link Sherrill to the 1994 Naval Academy cheating scandal involving more than 100 midshipmen.

Sherrill had an unblemished career in the Navy and as a midshipman, LaPorta notes. She did not turn in her cheating classmates, but she was never accused of cheating herself. The unredacted release of Sherrill's records appears to violate the 1974 Privacy Act. Sherrill said: "That Jack Ciattarelli and the Trump administration are illegally weaponizing my records for political gain is a violation of anyone who has ever served our country. No veteran's record is safe."

While the National Archives maintained the release was a mistake and apologized for it, the administration's influence in the Department of Justice tonight could not be explained away.

Days after Trump demanded that the Department of Justice move "now" to prosecute those he perceives to be his enemies, a federal grand jury has indicted former FBI director James Comey for allegedly lying to Congress and obstructing an investigation. Comey was an early casualty of Trump's first administration, fired after he refused to kill the FBI investigation of the ties between Trump's 2016 campaign and Russian operatives.

Over last weekend, Trump exploded at then–acting U.S. attorney for the Eastern District of Virginia Erik Siebert, a career prosecutor, after Siebert concluded there was not enough evidence of a crime to charge Comey for allegedly lying to Congress or New York attorney general Letitia James for alleged mortgage fraud.

On Monday Trump replaced Siebert with White House aide and Trump's former personal lawyer Lindsey Halligan, and yesterday three sources told Ken Dilanian and Carol Leonnig of MSNBC that they expected Halligan to try to get a grand jury to indict Comey before the five-year statute of limitations on lying to Congress runs out next Tuesday.

Tonight the DOJ delivered an indictment against Comey.

"My family and I have known for years that there are costs to standing up to Donald Trump," Comey said tonight in a video. "But we…will not live on our knees, and you shouldn't either. Somebody that I love dearly recently said that fear is the tool of a tyrant, and she's right, but I'm not afraid, and I hope you're not either. I hope instead you are engaged, you are paying attention, and you will vote like your beloved country depends upon it, which it does. My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system. I'm innocent. So let's have a trial and keep the faith."

The DOJ was busy today. It also sued six states—California, Michigan, Minnesota, New York, New Hampshire, and Pennsylvania—to force them to hand over their voter rolls and information identifying those voters. Matt Cohen of Democracy Docket notes that state officials from both Democratic and Republican governments have questioned why the government wants that information. This lawsuit comes after a nearly identical lawsuit the DOJ filed last week against Maine and Oregon.

Democratic secretary of state Tobias Read of Oregon called the lawsuits an attempt by President Donald Trump "to use the DOJ to go after his political opponents and undermine our elections."

Tara Copp, Dan Lamothe, Alex Horton, Ellen Nakashima, and Noah Robertson of the Washington Post reported today that Defense Secretary Pete Hegseth has ordered about 800 of the military's top generals and admirals, along with their senior enlisted advisors, to come to the Marine Corps base in Quantico, Virginia, next week. Such a demand is highly unusual, and no one knows why Hegseth has made it.

In The Bulwark, Mark Hertling, who was commander of U.S. Army Europe from 2011 to 2012, noted that the demand "is baffling and the cost will be staggering." Instead of using the Pentagon's secure video teleconferencing system, the personnel will require flights and accommodations that will cost millions, while the lost focus and readiness will affect their mission.

Hertling points out that "[a]dversaries and allies are watching. This sudden, global, emergency recall of America's top brass is a flashing red light to them: Something must be wrong inside the Pentagon."

Both Trump and Vice President J.D. Vance tried to downplay the meeting. "Why is that such a big deal?" Trump asked reporters. Vance incorrectly said the meeting is "not particularly unusual," and said: "I think it's odd that you guys have made it into such a big story."

This evening, Trump signed a memorandum targeting activists and nonprofits as part of what he called a "terror network" that he claims is fueling violence, especially against Immigration and Customs Enforcement (ICE) agents. He and his allies claim that "radical left Democrats," or "Radical Left Terrorists," are behind that violence, although, as scholar of authoritarianism Timothy Snyder notes, the majority of political violence in the U.S. comes from the right.

"Titled "Countering Domestic Terrorism and Organized Political Violence," the memo alleges that "common threads animating this violent conduct include anti-Americanism, anti-capitalism, and anti-Christianity; support for the overthrow of the United States Government; extremism on migration, race, and gender; and hostility towards those who hold traditional American views on family, religion, and morality."

The document gives law enforcement wide latitude to "investigate, prosecute, and disrupt entities and individuals" engaged in behavior the administration opposes, as well as nonprofit organizations that fund them. It also orders law enforcement to "question and interrogate" people "regarding the entity or individual organizing such actions and any related financial sponsorship of those actions prior to adjudication or initiation of a plea agreement."

Former federal prosecutor Daniel Richman, who teaches at Columbia Law School, told Robert Tait and Aram Roston of The Guardian that an executive order cannot create new crimes, and Timothy Snyder noted that the memo nonetheless "undoes the basic tradition of American liberty and law, which is…that we are individuals to be judged on the basis of what we do as such. This memo, quite to the contrary, begins from the premise that the world is governed by mysterious, invisible entities to which individuals can be arbitrarily associated by the power of the government, thereby making those individuals guilty and subject to prosecution and punishment." It makes responsibility collective, thus enabling the government to target everybody. "The groups that will…be targeted will be groups that are concerned with things like counting the votes, human rights, freedom of speech, and the rule of law."

All this, said Snyder, is both a "big lie" and a cliché. Authoritarians always say the country is facing an emergency and that their opponents are "terrorists." It's a cliché to say "there's a mysterious, bottomless, organization that we have to chase to the ends of the Earth and break all the rules to find. That's what they always say."

Snyder noted that Congress can pass laws to rule such behavior illegal, courts can find actions illegal and protect victims, commentators can describe reality, and citizens can say they "don't want to be subject to an imagined emergency based on a big lie that does away with the essence of American liberty and law." He concluded: "This has been done before. It can be stopped."



Heather Cox Richardson from Letters from an American heathercoxrichardson@substack.com 
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Sep 25, 2025, 10:48 PM (10 hours ago)
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Today, with the popularity of President Donald J. Trump and his administration dropping, Trump's disastrous performance at the United Nations, the return of comedian Jimmy Kimmel to the airwaves, and the Tuesday's election in Arizona of Democratic representative Adelita Grijalva, who will provide the final signature on a discharge petition to demand a floor vote in the House over releasing all the government files on convicted child sex offender Jeffrey Epstein, the administration appears to be making a dramatic push to seize complete control of the government.

Last night, Office of Management and Budget director Russell Vought tried to jam the Democrats into passing the Republicans' continuing resolution to fund the government. Officials leaked a memo to PoliticoPunchbowl News, and Axios—publications that focus on events concerning Capitol Hill—saying that if the Democrats refuse to pass the Republicans' measure, the administration will try to fire, rather than furlough, large numbers of federal employees.

Such a move would be challenged in the courts, and the government has been forced to rehire many of the people it forced out earlier this year after those firings left agencies badly understaffed. But the threat is not idle; Vought is a Christian nationalist who has called for a "radical Constitutionalism" that demolishes the modern American state and replaces it with a powerful executive.

House minority leader Hakeem Jeffries (D-NY) responded: "Listen Russ, you are a malignant political hack. We will not be intimidated by your threat to engage in mass firings. Get lost." Senate minority leader Chuck Schumer (D-NY) said in a statement: "Donald Trump has been firing federal workers since day one—not to govern, but to scare. This is nothing new and has nothing to do with funding the government. These unnecessary firings will either be overturned in court or the administration will end up hiring the workers back, just like they did as recently as today."

Trump appears focused on September 30, when the government funding crisis will hit, and the days after it. Although courts have ruled that he does not have the power to impose tariffs willy-nilly, today Trump announced new tariffs of 100% on pharmaceuticals, 50% on kitchen and bathroom cabinets, 30% on upholstered furniture, and 25% on "Heavy (Big!) Trucks" beginning on October 1. On social media, he claimed such tariffs were necessary "for National Security and other reasons."

Today, James LaPorta of CBS News reported that the National Archives and Records Administration improperly released Democratic representative Mikie Sherrill's full military records to an ally of her Republican opponent, Jack Ciattarelli, in the New Jersey governor's race. The two candidates are tied, and Ciattarelli appears to be trying to link Sherrill to the 1994 Naval Academy cheating scandal involving more than 100 midshipmen.

Sherrill had an unblemished career in the Navy and as a midshipman, LaPorta notes. She did not turn in her cheating classmates, but she was never accused of cheating herself. The unredacted release of Sherrill's records appears to violate the 1974 Privacy Act. Sherrill said: "That Jack Ciattarelli and the Trump administration are illegally weaponizing my records for political gain is a violation of anyone who has ever served our country. No veteran's record is safe."

While the National Archives maintained the release was a mistake and apologized for it, the administration's influence in the Department of Justice tonight could not be explained away.

Days after Trump demanded that the Department of Justice move "now" to prosecute those he perceives to be his enemies, a federal grand jury has indicted former FBI director James Comey for allegedly lying to Congress and obstructing an investigation. Comey was an early casualty of Trump's first administration, fired after he refused to kill the FBI investigation of the ties between Trump's 2016 campaign and Russian operatives.

Over last weekend, Trump exploded at then–acting U.S. attorney for the Eastern District of Virginia Erik Siebert, a career prosecutor, after Siebert concluded there was not enough evidence of a crime to charge Comey for allegedly lying to Congress or New York attorney general Letitia James for alleged mortgage fraud.

On Monday Trump replaced Siebert with White House aide and Trump's former personal lawyer Lindsey Halligan, and yesterday three sources told Ken Dilanian and Carol Leonnig of MSNBC that they expected Halligan to try to get a grand jury to indict Comey before the five-year statute of limitations on lying to Congress runs out next Tuesday.

Tonight the DOJ delivered an indictment against Comey.

"My family and I have known for years that there are costs to standing up to Donald Trump," Comey said tonight in a video. "But we…will not live on our knees, and you shouldn't either. Somebody that I love dearly recently said that fear is the tool of a tyrant, and she's right, but I'm not afraid, and I hope you're not either. I hope instead you are engaged, you are paying attention, and you will vote like your beloved country depends upon it, which it does. My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system. I'm innocent. So let's have a trial and keep the faith."

The DOJ was busy today. It also sued six states—California, Michigan, Minnesota, New York, New Hampshire, and Pennsylvania—to force them to hand over their voter rolls and information identifying those voters. Matt Cohen of Democracy Docket notes that state officials from both Democratic and Republican governments have questioned why the government wants that information. This lawsuit comes after a nearly identical lawsuit the DOJ filed last week against Maine and Oregon.

Democratic secretary of state Tobias Read of Oregon called the lawsuits an attempt by President Donald Trump "to use the DOJ to go after his political opponents and undermine our elections."

Tara Copp, Dan Lamothe, Alex Horton, Ellen Nakashima, and Noah Robertson of the Washington Post reported today that Defense Secretary Pete Hegseth has ordered about 800 of the military's top generals and admirals, along with their senior enlisted advisors, to come to the Marine Corps base in Quantico, Virginia, next week. Such a demand is highly unusual, and no one knows why Hegseth has made it.

In The Bulwark, Mark Hertling, who was commander of U.S. Army Europe from 2011 to 2012, noted that the demand "is baffling and the cost will be staggering." Instead of using the Pentagon's secure video teleconferencing system, the personnel will require flights and accommodations that will cost millions, while the lost focus and readiness will affect their mission.

Hertling points out that "[a]dversaries and allies are watching. This sudden, global, emergency recall of America's top brass is a flashing red light to them: Something must be wrong inside the Pentagon."

Both Trump and Vice President J.D. Vance tried to downplay the meeting. "Why is that such a big deal?" Trump asked reporters. Vance incorrectly said the meeting is "not particularly unusual," and said: "I think it's odd that you guys have made it into such a big story."

This evening, Trump signed a memorandum targeting activists and nonprofits as part of what he called a "terror network" that he claims is fueling violence, especially against Immigration and Customs Enforcement (ICE) agents. He and his allies claim that "radical left Democrats," or "Radical Left Terrorists," are behind that violence, although, as scholar of authoritarianism Timothy Snyder notes, the majority of political violence in the U.S. comes from the right.

"Titled "Countering Domestic Terrorism and Organized Political Violence," the memo alleges that "common threads animating this violent conduct include anti-Americanism, anti-capitalism, and anti-Christianity; support for the overthrow of the United States Government; extremism on migration, race, and gender; and hostility towards those who hold traditional American views on family, religion, and morality."

The document gives law enforcement wide latitude to "investigate, prosecute, and disrupt entities and individuals" engaged in behavior the administration opposes, as well as nonprofit organizations that fund them. It also orders law enforcement to "question and interrogate" people "regarding the entity or individual organizing such actions and any related financial sponsorship of those actions prior to adjudication or initiation of a plea agreement."

Former federal prosecutor Daniel Richman, who teaches at Columbia Law School, told Robert Tait and Aram Roston of The Guardian that an executive order cannot create new crimes, and Timothy Snyder noted that the memo nonetheless "undoes the basic tradition of American liberty and law, which is…that we are individuals to be judged on the basis of what we do as such. This memo, quite to the contrary, begins from the premise that the world is governed by mysterious, invisible entities to which individuals can be arbitrarily associated by the power of the government, thereby making those individuals guilty and subject to prosecution and punishment." It makes responsibility collective, thus enabling the government to target everybody. "The groups that will…be targeted will be groups that are concerned with things like counting the votes, human rights, freedom of speech, and the rule of law."

All this, said Snyder, is both a "big lie" and a cliché. Authoritarians always say the country is facing an emergency and that their opponents are "terrorists." It's a cliché to say "there's a mysterious, bottomless, organization that we have to chase to the ends of the Earth and break all the rules to find. That's what they always say."

Snyder noted that Congress can pass laws to rule such behavior illegal, courts can find actions illegal and protect victims, commentators can describe reality, and citizens can say they "don't want to be subject to an imagined emergency based on a big lie that does away with the essence of American liberty and law." He concluded: "This has been done before. It can be stopped."

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Juan Matute
The Harold Wilke House 
Claremont, California

Release the 
Epstein and Homan 
Files immediately