Secretary of Homeland Security Kristi Noem was testifying before the Senate Homeland Security and Governmental Affairs Committee about the Department of Homeland Security’s budget for fiscal year 2026. When Senator Maggie Hassan (D-NH) asked her to define “habeas corpus,” Noem’s response indicated she has no understanding of the nation’s fundamental law.
“Habeas corpus is a constitutional right that the president has to be able to remove people from this country,” Noem said. Hassan corrected her: “Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people. If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason. Habeas corpus is the foundational right that separates free societies like America from police states like North Korea.”
It’s impossible to keep in mind during a time of traumatic upheaval like our present moment in history — very few people are strictly good or irredeemably evil. Few people are undeniably good almost all the time, we think of them as highly evolved, wise, enlightened, righteous, bodhisattvas, saints. Few people are relentlessly evil, we think of them as dangerous psychopaths. All the rest of us are between these extremes, on a spectrum we move along according to our emotions. All of us are quite good sometimes, even exemplary although, when we feel victimized and completely justified, cruel, ruthless and unforgiving.
If you’re cruel and ruthless at times, does that make you an evil person? It depends on a lot of things. There is a time to be ruthless in this rough world we live in, sad to say. But as a permanent attitude, a tiny minority of us are ruthless all the time just as very few can be at our best in every moment. We aspire to be the best we can be in every moment.
Martin Luther King, Jr. said “forgiveness is not an occasional act, it is a permanent attitude.” A very tall order for the average earthling, because forgiveness always depends on the specific circumstances, and a sincere apology landing just right, but it states a great aspiration — a readiness to listen and forgive, which is a beautiful thing. It requires not hardening your heart against people who have done you wrong, if they sincerely try to make amends.
Hatred and division have actually been monetized, you can buy stock in lucrative corporations (like Palantir) that specialize in mining and analyzing personal data for the use of those who seek to exploit existing prejudices and make people hate and fear each other. Personalized messages influence millions to see the “other” as inhuman and evil. AI can also easily be harnessed to this task, dividing people by removing elements like nuance and context that make humans compassionate and replacing it with relentless algorithms that make AI conform to the creators of AI’s money-driven, bottom line, black and white, good/evil worldview.
We are divided by the calculated, constantly repeated, transactional lie that some people, people like us, are good, and other people, people like them (fill in hated group) are evil. This lie is the creation of evil people, which is then magnified by millions of sometimes fine and sometimes shitty people who are neither evil nor good all the time, repeating it widely to people who agree, often just to be agreeable. The lies that enflame our division are all promoted by algorithms that monetize engagement. Engagement is driven by fear, lust, agitation, need for confirmation, isolation, anger, outrage, etc. Now fear, hatred, outrage and the lies that drive them can be instantly spread to hundreds of millions, like a pandemic.
I think of the klansman, acting out of a reflex to protect a helpless toddler, diving into a river to save a drowning child. I imagine him in that moment acting out of human instinct, not stopping to think the kid might be black or a member of some other group he hates. Maybe it’s the Anne Frank good in me, seeking the good in someone otherwise hateful to me, but I think humans defaulting to their higher human impulses happens more often than we are aware. What unites us as vulnerable humans is far more powerful than what divides us, things that are mostly lies anyway.
The genius of homo sapiens, the self-named Wise Ape, is our ability to organize on a massive level based on abstract beliefs (granted often irrational, destructive ones). No other animal is able to build cultures of millions of its own and harness that organized mass to radically change the actual planet we live on. Humans are capable of the greatest things ever done, as well as the most atrocious. Almost none of us are Good and very few of us are Evil. There has to be some path to keeping this in the front of our consciousness as we move through these dangerous times.
Ever hear of the so-called Business Plot? Wealthy financiers, after their wild speculation and World War caused the Depression, planned to hire an army of World War I veterans to stage a coup and oust the hated FDR and his commie New Deal. They admired fascism, hated unions, collective bargaining, child labor laws, the forty hour work week and all the rest of those anti-American “reforms” and tried to hire retired Major General Smedley Butler to lead the half-million man army and assume dictatorial powers. Check this super short video out and then go google Smedley Butler, who laid out the plot and named the traitors in Congress.
Or read the Wikipedia entry on the Business Plot, also called the Wall Street Putsch, at first dismissed by the NY Times as a “gigantic hoax”, later confirmed as true when a Congressional Committee found:
In the last few weeks of the committee’s official life it received evidence showing that certain persons had made an attempt to establish a fascist organization in this country. No evidence was presented and this committee had none to show a connection between this effort and any fascist activity of any European country. There is no question that these attempts were discussed, were planned, and might have been placed in execution when and if the financial backers deemed it expedient.
This committee received evidence from Maj. Gen Smedley D. Butler (retired), twice decorated by the Congress of the United States. He testified before the committee as to conversations with one Gerald C. MacGuire in which the latter is alleged to have suggested the formation of a fascist army under the leadership of General Butler.
MacGuire denied these allegations under oath, but your committee was able to verify all the pertinent statements made by General Butler, with the exception of the direct statement suggesting the creation of the organization. This, however, was corroborated in the correspondence of MacGuire with his principal, Robert Sterling Clark, of New York City, while MacGuire was abroad studying the various forms of veterans organizations of Fascist character.[47]
Would you be surprised to learn that none of these fascist businessmen ever faced any kind of accountability for planning an armed insurrection against the duly elected president and his administration? Is it surprising that a plotted fascist coup d’etat in 1933 (the year Hitler took power in Germany) is virtually erased from American history? They are trying the same thing now, only with much more sophisticated means than an army of trained soldiers at their disposal. Everything old is new again, as they used to say.
Nobody in the Grey Lady’s perceived social class, of course, will be severely hurt, although poor people will, we mean “may”, may be fucked pretty hard by this brazen giveaway to the nation’s wealthiest and most greedy, at the expense of things like health care and sufficient food for certain “underprivileged” children and adults.
From the headline it’s a little easier to believe there is no reason to fear the post-Constitutional vision these determined anti-democracy maniacs pursue to end majoritarian tyranny, as they call it. It may end badly, but many might become even richer!
There is reality, sometimes quite grim, and there is spin, sometimes comforting for the squeamish and overwhelmed, regardless of how ridiculous it is. Here is a highly respected conservative judge’s take on a lawless Trump administration for comparison to the New York Times’s account of the same crime spree.
From Heather Cox Richardson:
In a piece in The Atlantic today, respected conservative judge J. Michael Luttig noted that for all of Trump’s insistence that he is the victim of the “weaponization” of the federal government against him, “[i]t is Trump who is actually weaponizing the federal government against both his political enemies and countless other American citizens today.”
Luttig warned that Trump is trying to end the rule of law in the United States, recreating the sort of monarchy against which the nation’s founders rebelled. He lists Trump’s pardoning of the convicted January 6 rioters (which he did with the collusion of Ed Martin), the arrest of Judge Dugan, which Luttig calls “appalling,” the deportation of a U.S. citizen with the child’s mother, and the “investigation” of private citizen Christopher Krebs.
“For not one of his signature initiatives during his first 100 days in office does Trump have the authority under the Constitution and laws of the United States that he claims,” Judge Luttig writes. Not for tariffs, not for unlawful deportations, not for attacks on colleges and law firms, not for his attacks on birthright citizenship, not for handing power to billionaire Elon Musk and the “Department of Government Efficiency,” not for trying to end due process, not for his attempts to starve government agencies by impounding their funding, not for his vow to regulate federal elections, not for his attacks on the media.
The courts are holding, Judge Luttig writes, and will continue to hold, but Trump “will continue his assault on America, its democracy, and rule of law until the American people finally rise up and say, “No more.”
The New York Times takes a more nuanced view of Trump’s second term:
The building of this coalition [to oppose a Trump dictatorship, which the Times apparently calls for] should start with an acknowledgment that Mr. Trump is the legitimate president and many of his actions are legal. Some may even prove effective. He won the presidency fairly last year, by a narrow margin in the popular vote and a comfortable margin in the Electoral College. On several key issues, his views were closer to public opinion than those of Democrats. Since taking office, he has largely closed the southern border, and many of his immigration policies are both legal and popular. He has reoriented federal programs to focus less on race, which many voters support. He has pressured Western Europe to stop billing American taxpayers for its defense. Among these policies are many that we strongly oppose — such as pardoning Jan. 6 rioters, cozying up to Vladimir Putin of Russia and undermining Ukraine — but that a president has the authority to enact. Elections have consequences.
“and many of his immigration policies are both legal and popular. “
Many are legal (which means some, or as many, or more, are not). Legal and as popular as racism, xenophobia, misogyny or homophobia. Hmm. Well done, Grey Lady!
As for the legitimate victory Mr. Trump achieved fairly, he got 77,284,118 votes while in every state controlled by MAGA voting for presumed non-Trump voters was systematically suppressed. As a threshold matter, we do well to recall George Carlin’s brilliant observation about the limitations of normal intelligence, and what that means for 50% of us.
There was also a nationally successful 2024 effort, in every MAGA controlled state — as the USPS delivered 20,000,000 less mail-in ballots than in 2020– to suppress the vote in a dozen different ways to make sure a maximum number of votes for the Orange Turd were recorded while all others were not cast. Houston County, Texas, for example, a gigantic county with a population of 4.2 million, had one drop box, a plan to limit drop off voting that Republican governors feverishly hatched in a dozen secretive meetings with Koch’s private Heritage Foundation and failed at implementing in 2020. Hence, the need for fake electors and a riot at the Capitol.
Say it again with Michael Luttig, Grey Lady:
“For not one of his signature initiatives during his first 100 days in office does Trump have the authority under the Constitution and laws of the United States that he claims,” Judge Luttig writes. Not for tariffs, not for unlawful deportations, not for attacks on colleges and law firms, not for his attacks on birthright citizenship, not for handing power to billionaire Elon Musk and the “Department of Government Efficiency,” not for trying to end due process, not for his attempts to starve government agencies by impounding their funding, not for his vow to regulate federal elections, not for his attacks on the media.
Hard to imagine why an administration stocked with glaringly unqualified attention seekers and opportunists who publicly pretend to worship the stupidest, pettiest man ever to be US president has its common sense questioned. Trump Derangement Syndrome by Deep State deep fake AI cuckbots, no doubt.
The big guy’s nominee for US Attorney for Washington, DC, Ed Martin, was not going to get out of committee, it turns out, a GOP senator finally had to put his foot down. At first Trump declared victory, announced he was going to make this loyal MAGA fighter UN ambassador (oh, wait, that was former national security advisor/Signal chatter Mike Waltz), while getting Alcatraz ready to house the sick criminals who had cynically weaponized the US government and viciously, unfairly prosecuted Trump and his loyal patriots who rightfully attacked Capitol police and sacked the US Capitol on a day of national awakening and great love. Here’s Heather Cox Richardson, with the details:
Trump announced he was moving Martin [a Missouri political operative with no experience as a prosecutor, who defended the January 6 rioters and fired the prosecutors who had worked on their cases, threatened to investigate Democrats and critics, and hosted a notorious antisemite on his podcast] into three roles that do not require Senate confirmation. He will become the new director of the Weaponization Working Group at the Department of Justice, an associate deputy attorney general, and a pardon attorney. “In these highly important roles, Ed will make sure we finally investigate the Weaponization of our Government under the Biden Regime, and provide much needed Justice for its victims,” Trump posted on social media.
To replace Martin, Trump has tapped Fox News Channel host Jeanine Pirro, who is passionately loyal to him. He noted among her qualifications that she “hosted her own Fox News Show, Justice with Judge Jeanine, for ten years, and is currently Co-Host of The Five, one of the Highest Rated Shows on Television.”
Matt Gertz of Media Matters for America recalls that the Fox News Channel took Pirro off the air after the 2020 election because of her conspiracy-theory-filled rants. In emails turned up in the defamation suit against the Fox News Channel for pushing the lie that voting machines had tainted the election results, her executive producer called her “nuts” and a “reckless maniac,” who “should never be on live television.” That lawsuit cost the Fox News Channel $787 million. . .
The administration appears not to be able to attract the caliber of federal officials to which Americans have become accustomed.
. . . When asked yesterday why he had nominated her [a surgeon general without a medical license], Trump answered: “Because Bobby thought she was fantastic…. I don’t know her. I listened to the recommendation of Bobby.” Today, Casey Means’s brother Calley, a White House advisor, went after Trump ally Laura Loomer for opposing the nomination, posting on social media that he had “[j]ust received information that Laura Loomer is taking money from industry to scuttle President Trump’s agenda.” Loomer responded: “You’re so full of sh*t.”
. . . White House deputy chief of staff Stephen Miller told reporters today that voters elected Trump to “deport the illegals” and that “Marxist” judges frustrating that effort are attacking democracy. In fact, Trump convinced many voters that he would deport only violent criminals, and they are now aghast at the scenes unfolding as masked agents grab women and children from their cars and sweep up U.S. citizens.
In The Bulwark today, Adrian Carrasquillo explained how podcasters, sports YouTubers, and comedians, including Joe Rogan, have brought the rendition of Venezuelan migrants to El Salvador onto the radar screen of Trump voters. Americans now disapprove of Trump’s immigration policies by 53% to 46%.
Miller made an even bigger power grab when he said “we’re actively looking at” suspending the writ of habeas corpus, a legal change that essentially establishes martial law by permitting the government to arrest people and hold them without charges or a trial. Legal analyst Steve Vladeck explains that Miller’s justification for such a suspension is dead wrong, and suggests Miller’s threat appears to be designed to put more pressure on the courts.
But in this chaotic administration, it seems worth asking who the “we” is in Miller’s statement. In the group chat about striking the Houthis, when administration officials were discussing—without the presence of either the Chairman of the Joint Chiefs of Staff or the president himself—what was the best course of action, it was Miller who ultimately decided to launch a strike simply by announcing what he claimed were Trump’s wishes.
Also today [May 5], at a meeting to announce that Washington, D.C., will host the 2027 National Football League draft, Trump confirmed that he suddenly decided to announce he was reopening Alcatraz because the word sounded strong. “It represents something very strong, very powerful in terms of law and order. Our country needs law and order. Alcatraz is uh, I would say the ultimate, right? Alcatraz. Sing Sing and Alcatraz, the movies…. Nobody’s ever escaped from Alcatraz and just represented something, uh, strong having to do with law and order. We need law and order in this country. And so we’re going to look at it. Some of the people up here are going to be working very hard on that, and, uh, we had a little conversation. I think it’s gonna be very interesting. We’ll see if we can bring it back. In large form, add a lot. But I think it represents something. Right now, it’s a big hulk that’s sitting there rusting and rotting, uh, very, uh, you look at it, it’s sort of, you saw that picture that was put out. It’s sort of amazing, but it sort of represents something that’s both horrible and beautiful and strong and miserable, weak. And it’s got a lot of it’s got a lot of qualities that are interesting. And I think they make a point”
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