It’s hard to think that as we acknowledge the 21st anniversary of September 11, we are still in the grip of what could ultimately prove to be a far greater threat to our existence. It’s still difficult, in some ways, to accept that it’s a threat from within, domestic terror, and not the foreign terror that so much of the federal government’s energy and resources have been devoted to ever since that day.
September 11. January 6. They are both events so singularly important that they are known by the date they took place.
One of my clear recollections from the evening of the 6th was watching the riot at the Capitol, seeing the reactions of our political leaders from across the spectrum and the lack of an appropriate one from then-President Trump, and finally, ripping up the syllabus for my Democratic Institutions seminar as I came to the realization it was now out of date. Class was about to start and I’d written the syllabus earlier that fall, finishing up before the election. That night I had planned to add in a few new readings. Instead, I literally tore it up, channeling my inner Nancy Pelosi after Trump’s 2020 State of the Union Address.
But after that difficult day, it was my seminar students who restored my faith. They came from across the political spectrum, but were united by their common interest in learning about democracy and more than that, finding ways to improve it and make it work better for everyone. My optimism is constantly boosted by teaching and by how smart, engaged and accomplished our law students are and what they go on to do after they graduate. 2021 was a year where I needed that more than ever before.
As we head into the coming week, we know where the threat comes from. It comes from the former president who still refuses to explicitly reject the white supremacist rhetoric and violence some of those in his base espouse. The same former president who continues to reject the rule of law. And that’s precisely where we’re headed this week.
By 10 a.m. tomorrow, Monday, Trump’s lawyers owe district judge Aileen Cannon a response to DOJ’s motion to stay the court’s order and appoint a special master, insofar as it applies to classified documents. We’ll parse that motion once we see it!
The position Trump takes will be important. And, I have to confess I’m curious—looking forward to how his lawyers make an argument that satisfies their client without getting themselves sanctioned. Or at least making arguments a reasonable judge wouldn’t consider far fetched. I can’t imagine a legitimate argument Trump can offer for his possession of classified documents and their submission to a special master, but we’ll know soon enough.
DOJ advised the judge that it would request the same stay it has asked her for from the 11th Circuit Court of Appeals if she doesn’t rule on its motion by Thursday. So that should be another big day for us this week. Given that the judge has set a quick turnaround for the Trump lawyers’ response, it seems reasonable to expect a ruling from her in advance of the deadline.
Remember, this isn’t yet the substantive appeal of her ruling. This is only the stay motion (for those of you who are new here, and there seem to be a lot of you recently, welcome, and you may want to take a look at earlier posts explaining DOJ’s motion). That stay would exempt approximately 100 classified documents from the special master process.
Lots to look forward to learning about.
We’re in this together,
Joyce
Yes. But Trump doesn't "still refuse(s) to explicitly reject the white supremacist rhetoric and violence", it's much worse than that. He continues to endorse it, and, with malice aforethought, he calls for it, every time he speaks publicly. And, thousands cheer.
Respectfully, the small group of actual terrorists are not the complete problem. The more serious, underlying problem is that we now have citizens who no longer want democracy.
A small but very rich (and therefore very powerful) group that desperately want to keep their wealth and power.
A larger group that strongly believes that it has found the truth so clearly embodied in their religion or cult (which sometimes overlap) that they feel that they should (or must) impose their religious or cultural values on everyone else.
An even larger group that desperately fears being a racial minority in a democracy and has decided that they fear it so much that they would be willing to give up democracy to avoid it.