As many of the founders feared, the OAFPOTUS's worst offenses against the rule of law have come from his abuse of the pardon power. David French takes us through the history of how it got into our Constitution:
As our newsroom reported this week, at least eight people to whom Trump granted clemency in his first term have since been charged with a crime.
In addition, “Several others pardoned more recently after being convicted of offenses committed during the Jan. 6, 2021, attack on the Capitol have also run into trouble with the law.”
But the pardons just keep coming. On Sunday, Trump granted sweeping pardons to 77 people who helped him attempt to subvert the 2020 election. Last week, Trump pardoned Glen Casada, the Republican former speaker of the Tennessee House, and Casada’s former chief of staff, Cade Cothren. Both men had been convicted of charges including wire fraud, money laundering and conspiracy to commit money laundering.
We can’t say we weren’t warned. If there was one element of the American Constitution that set off the most urgent alarm during the founding era, it was the pardon power — Article II’s grant of absolute, unchecked power to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”
Here’s one suggestion: Amend Article II so that it states that the president “shall have Power, with the advice and consent of two-thirds of the Senate, to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”
The pardon power should exist as a matter of last resort, deployed only when the American legal system has truly failed to deliver justice, or when the national interest in a pardon is overwhelming.
I'm in favor of that. I think the wording needs to be changed. And I still support a change to the structure of the US government that makes the Attorney General answer to voters and not the president, as I outlined during the OAFPOTUS's first term.
Speaking of abuses, today is the 65th anniversary of Ruby Bridges breaking the color barrier in New Orleans schools. Remember when Federal power was used to protect people?
A coronal mass ejection late last week caused Kp7-level aurorae last night that people could see as far south as Alabama. Unfortunately, I missed them, though some of my friends did not. Fortunately, NOAA predicts that another mass of charged particles will hit around 6pm tonight, causing even more pronounced aurorae for most of the night. This time, I plan to get to a dark corner of the suburbs to look for them.
Meanwhile:
- ProPublica has an extended report about how the OAFPOTUS uses pardons and clemency far more corruptly than Harding, Jackson, or Reagan could imagine. (Madison, Jefferson, and the rest of the founders could imagine it, however, and they did not like it one bit.)
- John Judis thinks "the 8 dissenters did Democrats a favor:" "I believe that as the shutdown dragged into Thanksgiving, and as more jobs were lost, social services suspended, and planes grounded, the public would have begun blaming the Democrats more because — let’s face it — they had initiated the shutdown. The polls also showed that far more Democrats than Republicans felt affected by the shutdown."
- Brian Beutler wonders whether the divergence between people's perception of the economy and reality has more to do with the fracturing media landscape than with people's ability to intuit reality the same way economists do: "Our collective, manic emphasis on the cost of things has both made people upset, and given people a peg to hang their political frustrations on—but people did not become upset over nominal prices in some organic way. Democrats shouldn’t convince themselves that if they manage to lower prices, they’ll be assured more victories, or that if Trump manages to get costs down (perhaps with the help of the Supreme Court) he’ll become politically invulnerable. They certainly shouldn’t convince themselves that all things unconnected to prices are politically inert."
- Amanda Nelson reminds us that in 2008, the wealthy people who got wealthier even as the housing market collapsed and impoverished millions weren't stupid; they just didn't care. And neither do the authors of Project 2025.
- The $1.5 billion Illinois just pledged to transit projects fundamentally changed the vision of passenger rail across the region, according to the High Speed Rail Alliance.
- Chicago has issued the first permits for construction of the new O'Hare Concourse D, the first new concourse built at the airport since Terminal 5 opened in 1993. Construction could complete as early as 2028.
Finally, the OAFPOTUS's latest demented assertion about crime on the "miracle mile shopping center" left people baffled and also led to city council member Brendan Reilly (D-42), whose ward includes the Magnificent Mile, clapping back: "My suggestion to President Trump: spend more time focusing on your struggling real estate investments, especially the 70,000 square feet of vacant retail space that has remained un-leased since the opening of Trump Tower, 16 years ago...."
Naturally, the press had a lot to say about the largest protest in my lifetime (I was born after the Earth Day 1970 demonstration):
- As many as 250,000 people turned out for the downtown Chicago event, which included a procession that carried a 23-meter replica of the US Constitution, and resulted in zero arrests or reports of violence. (The video of the procession leaving Grant Park is epic.)
- David Graham of The Atlantic explains why the protests got under the OAFPOTUS's skin: "Trump’s movement depends on the impression that it’s unstoppable and victorious. ... Huge protests that demonstrate he is not invincible endanger his political success: They offer people who voted for Trump reluctantly or who have had second thoughts a feeling of camaraderie and hope, and give them a way to feel okay ditching him. ... Trump and his allies seem to grasp what Saturday revealed: The protests are popular, and the president is not."
- Brian Fife sees a paradox in the protests: "One could find this inspiring, so many disparate causes united under one banner. But for those of us who want to see tangible reform in the United States, the lack of clear messaging or policy recommendations—especially during a protest intended to inspire action—was disorienting."
- Josh Marshall disagrees, lauding "the subtle genius of 'No Kings'," saying the name itself is "a deceptively resonant name and slogan with the deepest possible roots in American history. This brings with it a critical inclusivity, which grows out of the name itself and the lack of those specific and lengthy sets of demands that often characterize and ultimately fracture such movements. ... The jagged and total nature of the onslaught against the American Republic creates a clarity: We all know what we’re talking about. You don’t need to explain. The imperfect but orderly and generally lawful old way versus this. And when you say “No Kings,” you’re saying I don’t want this. I don’t accept presidential despotism. I’m here ready to show my face and say publicly that I will never accept it."
- Brian Beutler has "22 thoughts on No Kings DC," of which: "I do not think it’s a coincidence that, as anticipation grew, and the GOP panicked and smeared, universities rejected Trump’s extortionate higher-education “compact,” and the Chamber of Commerce finally decided to sue Trump, etc. The days of proactive capitulation seem to be ending."
I looked for mainstream Republican reactions to the event but only heard crickets. The OAFPOTUS's own response, which I will not dignify with a link, would be grounds for invoking the 25th Amendment in any normal era.
Meanwhile, the vandalism continues:
- Workers have begun demolishing the east side of the White House East Wing as the OAFPOTUS continues to wreak historical violence on the Executive Mansion without Congressional—i.e., the owner's—approval.
- Writing in Harvard Magazine, Lincoln Caplan examines the damage that US Chief Justice John Roberts has done to the Constitution, tracing his legal career from Harvard Law through his clerkship under US Chief Justice William Rehnquist, another hard-right ideologue who, unlike Roberts, didn't have the votes to become his generation's Roger Taney.
- Jeff Maurer suggests that Democrats simply change the conversation about immigration and not apologize for our past policy misses: "I think that Democrats can craft a positive, forward-looking message on immigration that starts a new conversation without dwelling on the past. It would tell a story that happens to be true, which is nifty, because I prefer political narratives that aren’t a towering skyscraper of bullshit whenever possible. The narrative goes like this: 'America is rich, safe, and vibrant because we’ve always attracted the smartest, hardest-working people from around the world. We need an immigration system that attracts the best and the brightest for years to come.'"
- North Carolina, already one of the most-Gerrymandered states in the union, has passed a new congressional map they believe will give them a 10th Republican US House seat, with only three Democratic-majority districts in Raleigh, Durham, and Charlotte. (They've even managed to get Asheville to turn pink, based on 2024 election results.)
- Adam Kinzinger suggests encouraging Russia to end its war in Ukraine through the simple expedient of giving $2 billion of frozen Russian assets to Ukraine each day the war goes on.
- Julia Ioffe reviews the life of Lyudmila Ocheretnaya, Vladimir Putin's ex-wife.
- Molly White explains the October 10th crypto meltdown that destroyed $19 billion of Bitcoin holdings in just a few seconds.
And hey, I even read some non-political news in the past 24 hours:
Finally, it warms my heart to read that Gen Z workers have the same attitude toward workplace "emergencies" that Gen X workers have always had. (Boomers and Millennials, WTF is wrong with y'all?)
But today? 10/10 would recommend!
Ah, ha ha. Ha.
Everything else today has a proportion of funny to not-funny that we should work on a bit more:
- The administration served up two full helpings of corruption today: indicting New York Attorney General Letitia James as payback for prosecuting the OAFPOTUS, and finalizing a $20 billion gift to Treasury Secretary Scott Bessent's friends under the guise of propping up the Argentine Peso.
- US District Judge April Perry (NDIL) has blocked the National Guard from entering Chicago pending new arguments on the 24th.
- Julia Ioffe reports on what the troops sent to Portland, Ore., think of being sent there; Jeff Maurer reports on the twerking inflatable dinosaurs taunting ICE there.
- Paul Krugman patiently explains that, in fact, everything economists predicted about the OAFPOTUS's tariffs has happened, even though what non-economists claimed they predicted didn't: "The point is that corporations are very good at finding ways to avoid paying taxes, especially when the rules are complicated and the tax collectors don’t have enough resources to track down their clever strategies."
- Why is billionaire and scary dude Peter Thiel warning about the Antichrist? Seems, you know, unhinged. In fact, he sounds a lot like Charlotte Iserbyt. What is it with these people?
- Quico Toro has lived in Japan for a year, which gave him an unhappy view of Amtrak. (Though, frankly, living in any other OECD country except Canada would do that.)
- The Cubs beat the Milwaukee Brewers yesterday, so the two teams go on to a final, fifth game tomorrow at Miller Park.
Finally, Loyola University Chicago's Sister Jean has died at 106. She was the official team chaplain of the Loyola Ramblers men's basketball team, and well-loved throughout the University.
So many things passed through my inbox in the last day and a half:
- The Minnesota Star Tribune reported that an assistant to Defense Secretary Pete Hegseth was observed over the weekend discussing plans over Signal with an aide to Reichsminister Stephen Miller to send the 82nd Airborne to Portland.
- Paul Krugman breaks from his usual economics beat to lambast the OAFPOTUS and his Reichskabinett der Nationalen Rettung for the horrifying ICE raid* on a Chicago apartment building last week: "What do we learn from the Chicago apartment raid plus the growing number of incidents in which ICE agents have physically attacked people who posed no conceivable threat? To me, it says that even 'alarmists' who warned about the threat a Trump administration would pose to democracy underestimated just how evil this administration would be."
- Adam Kinzinger draws a straight line between the OAFPOTUS really, really not wanting anyone to read the Epstein files and the Republicans' not caring really one whit about "protecting kids."
- Jamelle Bouie suggests that if Hegseth and the OAFPOTUS want to see "the enemy within," they should glance at the nearest mirror. Jen Rubin concurs.
- In his latest column on the OAFPOTUS's bullshit, Glenn Kessler mocks the TACO King for "crying 'witch hunt' while stirring the cauldron."
- Josh Marshall applauds California governor Gavin Newsom and Illinois governor JB Pritzker for being willing to use the power they have to prevent the rending of our nation.
- Matt Yglesias wants to shake some sense into the "groups" who have clearly learned nothing from Kamala Harris's embarrassing loss last November.
- Pilot and journalist James Fallows once again reminds people that it's safe to fly during a government shutdown. Of course, since all the air-traffic control trainers were furloughed...
- The Times has yet another essay about craft breweries shutting down because there are just too darn many of them. (Since the Brews & Choos Project started in February 2020, 22 of the 146 breweries I've visited have closed—plus another 7 I didn't get to.)
Finally, Illinois State Climatologist Trent Ford goes over the numbers: September was warm and very dry. October is shaping up to be as well, despite the forecast calling for rain tonight and cooler temperatures through Saturday.
* Seriously, doesn't anyone in ICE realize that people will talk about them 30 years from now the way we talk today about the Schutzstaffel?
The two biggest news stories of the past 24 hours are the government shutting down because Congress couldn't pass a spending bill by the end of fiscal year last night, and the pathetic attempted-fascist assembly of the United States' general and flag officers in Virginia yesterday.
We'll take the dumber one first:
And then there's failed Minnesota National Guard major (and current Defense Secretary) Pete Hegseth's demonstration of why he never got promoted to lieutenant colonel:
In other news:
Finally, the forecast for Friday has us at 29°C (85°F) by late afternoon, exactly when we would hit the treeless McRory Trail north of Lake Forest. We have altered our planned route to use the tree-lined Sheridan Road from near the Lake Forest Metra station up to Lake Bluff Brewing, but it will still be wicked hot. It got that hot the day I attempted a marathon walk in 2022, but you'll recall I only got to Evanston before throwing in the towel. In 2023, it hit 29°C, and we did all right—but we moved the walk to mid-October last year and had much better weather.
We'll see how we do. It might just come down to how much sleep I get this week.
Chicago alderman Timmy Knudsen (43rd) has proposed an ordinance to allow dogs in restaurants:
Right now, Chicago restaurants are prohibited from serving patrons accompanied by dogs — either indoors or outdoors — unless that customer has a service dog.
Although the ban is widely ignored and sporadically enforced, usually in response to a complaint, restaurant owners allow dogs at their own risk and sometimes face the consequences.
The ordinance, slated for introduction at Thursday’s City Council meeting, is tailor-made to resolve the health department’s food safety concerns.
Restaurant owners who post signs declaring themselves dog-friendly would be free to welcome patrons and their leashed dogs inside or outside their establishments without fear of inspection or fine.
Dogs would be limited to one per table. They could only be provided with water — not food or table scraps — either by their owners or by restaurant employees.
The other restrictions outlined in the proposed ordinance make sense. I wouldn't necessarily want to see dogs in certain kinds of places, like buffets or anywhere that has self-service food, as I have seen both my dogs do their own self-service. At the very least, I would hope the city allows dogs unequivocally in outdoor patios.
I have emailed my own alderman to express support of the propsal.
Rosh Hashana begins in just a few hours. To celebrate, let's sing!
Corruption, corruption! Corruption!
Corruption, corruption! Corruption!
Who, day and night, has got his tiny hands out?
Reaching for a pay-out, raking in the cash?
And who keeps on whining, every day he's whining,
"I'm the real victim here!"
The POTUS, OAFPOTUS! Corruption!
The POTUS, OAFPOTUS! Corruption!
Who must know the way to break a proper law,
A needed law, a settled law?
Who must shred all precedent and end the law,
So billionaires can plunder all the dough?
The SCOTUS, the SCOTUS! Corruption!
The SCOTUS, the SCOTUS! Corruption!
I voted for the guy who said
He's gonna kick them out,
But now my soybeans and my corn are all
Moldy.
The MAGAS, the MAGAS! Corruption!
The MAGAS, the MAGAS! Corruption!
And who gets all the loot
And tax breaks and a yacht?
And who will get a pardon if
They're ever fin'ly caught?
The KLEPTOS, the KLEPTOS! Corruption!
The KLEPTOS, the KLEPTOS! Corruption!
Oy, where did that come from? I mean, other than today's news:
- Republicans on the US Supreme Court once again used the "shadow docket" to allow the OAFPOTUS to fire the last Democrat on the Federal Trade Commission, paving the way for him to gut all cryptocurrency regulations so he can continue bilking his followers and taking bribes from everyone else.
- White House "Border Czar" and cosplaying tough guy Tom Homan allegedly accepted $50,000 in cash in a sting operation last year, so of course the OAFPOTUS ordered the FBI to drop the investigation.
- The White House announced, to the surprise of literally everyone including the State Department, that henceforth H1-B visas would cost $100,000, in what looks a lot like an attempt to shake down small tech firms that need foreign experts to compete with the OAFPOTUS's billionaire tech donors.
- Adam Kinzinger, who you'll remember still considers himself a Republican, castigated the OAFPOTUS and the VPOTUS for turning right-wing propagandist Charlie Kirk's funeral into a hateful event. (Kinzinger was no fan of Kirk, either.)
It's still more than 15 months until the next Congress, when at least we can put out the flames and start planning the repairs. But wow, such corruption.
The OAFPOTUS sued the New York Times in the Middle District of Florida on Monday. It only took until this morning for Senior US District Judge Stephen Merryday to throw it out:
Judge Steven D. Merryday, of the U.S. District Court for the Middle District of Florida, said the president’s 85-page complaint was unnecessarily lengthy and digressive. He criticized Mr. Trump’s lawyers for waiting until the 80th page to lodge a formal allegation of defamation, and for including, ahead of it, dozens of “florid and enervating” pages lavishing praise on the president and enumerating a range of grievances.
“A complaint is not a public forum for vituperation and invective,” Judge Merryday wrote. “Not a protected platform to rage against an adversary.”
Seriously, you have to read the 3-page order. If you're a lawyer, ask yourself (a) what kind of attorney* would sign his or her name to this ridiculous complaint, and (b) why the Times didn't ask for Rule 11(c) sanctions?
Incidentally, Merryday, a George HW Bush appointee, is the judge who ruled in Navy Seal 1 v Austin (8:21-cv-2429-SDM-TGW) that the Navy couldn't remove a guided-missile commander who refused to get a Covid vaccination. So we're not exactly talking about Louis Brandeis here. That said, I can't wait to see the amended complaint in Toddler v The World.
* The attorney of record was Alejandro Brito, with attorneys Edward Paltzik and Daniel Epstein joining pro hac vice. Stand back, Thurgood and Constance! These guys are the giants of our era!
The authoritarian project currently underway in the United States, like all other authoritarian projects in history, has nothing to do with any specific policies or official statements except those that concentrate wealth in friendly hands. It's entirely about power and control. The specifics do not matter to the people trying to take over.
Corruption is the main reason why Disney/ABC pulled comedian Jimmy Kimmel from its network yesterday. The conglomerate claimed that this was because of Kimmel's comments about Charlie Kirk's murder, which is only about 5% true. As NPR and others reported, this was really about the OAFPOTUS threatening to get in the way of already rich people making a lot of money:
Nexstar, which operates 32 ABC stations around the country, is seeking FCC approval for a $6.2 billion dollar merger. After Nexstar announced it was pulling Kimmel's show, Sinclair Broadcast Group was next. That major TV station operator said in a statement that suspending the show is not enough. "Sinclair also calls upon Mr. Kimmel to issue a direct apology to the Kirk family. Furthermore, we ask Mr. Kimmel to make a meaningful personal donation to the Kirk Family and Turning Point USA."
Sinclair, as you may know, has pronounced right-wing leanings, and is also one of the largest operators of TV stations in the US following the FCC's loosening of ownership rules in 2022 (and at other times).
This isn't hard to follow. Huge media corporations want to become bigger, to get even more wealth, so they can become bigger. (Any similarity between mega corporations and cancer is purely coincidental.) The philosophies of the managers and boards of these companies tend to be right-wing, i.e., encouraging the concentration of wealth and not caring at all about people who aren't wealthy like them. Owning media companies makes it easier to flood the zone with propaganda supporting those positions. This is a very old cycle.
The FCC chair himself calling for Kimmel's censorship demonstrates that we're in late-stage regulatory capture: the media mega-corporations can influence the regulator to decide things in their favor.
So how do we fix this? Simple: Win elections. Fight corruption. Break up mega-corporations. And quit being distracted by the bullshit.
We've done it before. We can do it again.