Thursday Night Owls: You-know-who is gone, but authoritarian foundations are still in place

Night Owls is a themed open thread appearing at Daily Kos seven days a week.

At The Nation, Rafael Khachaturian writes—Trump Has Left the Building, but the Foundations Are Still in PlaceAttention has rightly been paid to his malign influence. But the shift to the right started before his presidency, and promises to continue after it:

It has been an ignominious close to a historical moment that will be measured by its impact for years to come. Already long before the 2016 election, many saw Trump’s rise as a turning point of American politics toward authoritarianism, or even fascism. For some, the Trump presidency was an “aspirational autocracy,” while for others, it was an example of tyranny. Many debated the applicability of the fascist label. Yet, for others still, these concerns overlooked the persistent illiberal and antidemocratic tendencies that ran like a thread through all of American history. According to these more skeptical arguments, focusing on Trump’s would-be authoritarianism both mythologized the pre-Trump years and obscured just how ineffective and weak his time in office had been.

Even as these most recent events confirm a political defeat for Trump and the restoration of a shaky centrist-progressive coalition, the United States continues to experience a slow-burning legitimacy crisis that shows no signs of abating. While the 2016 election did not create an immediate political crisis of the state, it exacerbated antidemocratic and authoritarian tendencies that were already ingrained in American society and political institutions.

These tendencies were decades in the making. The American security state, already nurtured on decades of anti-leftist funding and training, had taken on a new gloss with the War on Terror. The lasting fallout from the Great Recession of 2008 played a major role in the 2016 crisis of the political establishment and Trump’s unexpected rise to the top of the Republican Party. This year alone, the mismanagement of Covid-19 has led to the deaths of over 400,000 people, exposing essential workers and the vulnerable to a deadly disease and fraying the country’s already tattered social institutions, at the same time as structural racial violence brought millions of people to the streets in the midst of this pandemic.

These factors have accumulated to create the most serious legitimacy crisis since the late 1960s. We still do not have enough distance to evaluate the long-term effects of the Trump administration. Nevertheless, we should not try to make sense of the Trump years by approaching them as a radical break with what has come before. Instead, they continued broader and preexisting authoritarian tendencies in American politics—a tide that will be only temporarily stemmed by Trump leaving office. [...]

THREE OTHER ARTICLES WORTH READING

TOP COMMENTS • RESCUED DIARIES 

TWEET OF THE DAY

I am honored to be the first male spouse of an American President or Vice President. But I'll always remember generations of women have served in this role before me—often without much accolade or acknowledgment. It’s their legacy of progress I will build on as Second Gentleman.

— Douglas Emhoff (@SecondGentleman) January 21, 2021

QUOTATION

“They realize that in thirty-four months we have built up new instruments of public power. In the hands of a peoples Government this power is wholesome and proper. But in the hands of political puppets of an economic autocracy such power would provide shackles for the liberties of the people.” ~~Franklin D. Roosevelt, State of the Union, Jan. 3, 1936

BLAST FROM THE PAST

On this date at Daily Kos in 2009—Obama Administration Sides with Bush’s DOJ in Spy Case:

A sensitive civil liberties case that has been working its way through the courts for nearly four years is in the news again as the Obama administration "fell in line with the Bush administration Thursday when it urged a federal judge to set aside a ruling in a closely watched spy case weighing whether a U.S. president may bypass Congress and establish a program of eavesdropping on Americans without warrants." The case involves the now-defunct, Oregon-based Saudi charity, the Al-Haramain Islamic Foundation.

According to David Kravets at Wired:

With just hours left in office, President George W. Bush late Monday asked U.S. District Judge Vaughn Walker to stay enforcement of an important Jan. 5 ruling admitting key evidence into the case.  

Thursday's filing by the Obama administration marked the first time it officially lodged a court document in the lawsuit asking the courts to rule on the constitutionality of the Bush administration's warrantless-eavesdropping program. The former president approved the wiretaps in the aftermath of the Sept. 11, 2001, terror attacks.

"The Government's position remains that this case should be stayed," the Obama administration wrote in a filing that for the first time made clear the new president was on board with the Bush administration's reasoning in this case.

Given that it has adopted the Bush administration's position in this case, the question now to be answered is what role "unitary executive" philosophy will play in the Obama administration.

Monday through Friday you can catch the Kagro in the Morning Show 9 AM ET by dropping in here, or you can download the Stitcher app (found in the app stores or at Stitcher.com), and find a live stream there, by searching for "Netroots Radio.”

Trump starts taking his second impeachment seriously

Donald Trump appears to be finally getting serious about his upcoming impeachment trial.

The former president has hired Butch Bowers, a longtime Republican attorney with experience in election law, to represent him when the Senate considers an article of impeachment, likely in a matter of days or weeks.

The hiring comes after Trump opted against building out a war room or communications infrastructure to push back against impeachment when it was considered by the House. The former president had also initially struggled to find someone to lead his impeachment defense, as attorneys who previously represented him declined to sign on for a second trial and suggested his political opponents had a stronger case this time.

“This is political theater and I am neither a politician or an actor. I don’t see a role for me as a lawyer,” said Alan Dershowitz, the Trump-allied attorney who joined Trump’s impeachment defense team last January.

Unlike Dershowitz, who’s faced scrutiny from bipartisan lawmakers over his ties to the late convicted sex trafficker Jeffrey Epstein, Trump’s new defense attorney received praise on Thursday from some of his former Republican clients. The South Carolina-based attorney previously represented former Govs. Nikki Haley and Mark Sanford, and serves as a judge advocate general officer for the South Carolina National Guard.

“Butch is a good friend and a fine lawyer. President Trump is fortunate to have him on his team,” Haley said through a spokesperson.

Sanford, who was represented by Bowers during his own battle with impeachment after he fled to Argentina with a mistress during his term as South Carolina governor, described Bowers as “ethical and competent.”

"Butch is a first-class human being. In the fifteen years … where I’ve worked with Butch in different capacities, it was just sort of run of the mill. He was perfunctory and professional,” Sanford said, adding that he does not believe Bowers will use his position on Trump’s defense team to amplify the ex-president’s baseless voter fraud allegations.

The news of Bowers hire was first reported by Punchbowl News.

Some Trump allies believe the president plans to use his trial to further his baseless claims that the election was stolen from him, according to two former aides familiar with his strategy. One of the aides cautioned that no defense strategy had been definitively agreed upon, though.

Bowers’ history suggests that the ex-president is keen on focusing on how votes were cast and counted during the 2020 cycle. Bowers served under President George W. Bush as special counsel for voting matters in the Justice Department, and worked as counsel in Florida for John McCain’s 2008 presidential run.

"All I can say is based on the Butch Bowers I know and respect, I would hope that he wouldn't be sucked in as a tool in advancing the president's conspiracy theories,” Sanford said.

Trump’s push to bolster his defense team comes one week after House Democrats impeached him for a second time on charges of inciting an insurrection at the U.S. Capitol on Jan. 6. Hundreds of pro-Trump demonstrators stormed the building — injuring law enforcement officials and forcing the evacuation of members of Congress — after rallying with the ex-president outside the White House.

During that rally, Trump encouraged protesters “to walk down to the Capitol” — a phrase likely to become a focal point of his impeachment trial. Less than two hours after Trump made the remark, hundreds of his supporters burst through a security perimeter outside the building and eventually made their way inside.

Trump’s decision to hire Bowers was announced by his ally Sen. Lindsey Graham (R-S.C.) during a Senate GOP meeting on Thursday. Senate Minority Leader Mitch McConnell (R-Ky.) has asked for Trump to receive two weeks to prepare his legal case for trial. A spokesman for Senate Majority Leader Chuck Schumer said they had received a proposal from McConnell “that only deals with pre-trial motions” and that they would “review it and discuss it with him.”

Graham, who said he has known Bowers for “a long time,” said Trump is still putting together his legal team. “Butch Bowers I think will be the sort of the anchor tenant,” Graham said.

Trump, Graham told reporters, believes a post-presidential impeachment is “unconstitutional and damages his presidency.” Legal scholars disagree with that assessment arguing that one form of punishment that Trump could receive—a prohibition from running for future office—makes clear that the founders envisioned impeachment as a tool that could be applied to current and former presidents.

Bowers could not be reached for comment.

Posted in Uncategorized

Liz Cheney’s problems pile up

Liz Cheney was once considered the future of the GOP. Now she’s fighting to keep her political career alive.

After voting to impeach Donald Trump last week, the highest-ranking woman in the House GOP finds herself at risk of losing her leadership post; staring down a pro-Trump primary challenge; and censured by her own party back home in Wyoming.

The most immediate threat to Cheney — a push by Trump loyalists to oust her as conference chair — has gained momentum inside the House GOP, although the process is complicated and could still sputter out. But at least 107 Republicans, or just over a majority, have communicated to the leaders of that effort that they would support removing Cheney from leadership on a secret ballot, according to multiple GOP sources involved in the effort. Others are threatening to boycott future conference meetings if she remains in power.

And at least two members have privately signaled interest in replacing Cheney as the No. 3 Republican, sources say: Reps. Elise Stefanik and Lee Zeldin, two New Yorkers who both sprang to popularity in the party after fiercely defending Trump during his first impeachment.

If Cheney does lose her post, it will be the latest sign that the Trumpification of the Republican Party isn't stopping anytime soon, even after the ex-president flew off to Mar-a-Lago with a disgraced legacy in Washington. Some say the Cheney fight has already become a proxy battle for the heart and soul of the splintered GOP.

“She has proven that she is out of step with the vast majority of our conference and the Republicans across the nation,” said freshman Rep. Matt Rosendale (R-Montana), who is spearheading the resolution calling on Cheney to step down. “A lot of people within our conference have a problem with it.”

“There are other people who are absolutely interested in filling that void, I will tell you,” he added of potential Cheney replacements. “And they would have broad-based support.”

Long simmering frustrations with Cheney — once a fast-rising star in the GOP — have spiked inside the GOP, especially among its right flank, according to interviews with over a dozen lawmakers and aides. Members are not only angry with her impeachment vote, but also furious that Cheney announced her position a day ahead — giving Democrats ample time to use her statement in all of their talking points, while also providing cover to the nine other Republicans who backed impeachment.

A compilation video of the multiple times Democrats and news media cited Cheney’s statement on impeachment has even been circulating in some GOP circles. As conference chair, Cheney is in charge of the party’s messaging efforts.

But several other senior Republicans think Cheney ultimately hangs on to her post, arguing most Republicans will have little appetite for creating more chaos in the conference at a time when the party is desperate to unite.

And behind the scenes, Cheney has been doing a bit of damage control: she has been making calls to all corners of the conference to hear lawmakers out and ensure the party is unified going forward, according to a source familiar with the discussions.

“Removing Liz as the Conference Chair when she did exactly what the Leader told all of us to do – vote her conscience – sends a bad message,” Rep. Michael McCaul (R-Texas), the top Republican on the House Foreign Affairs Committee, said in a statement. “And I’ve spoken with many members of our Conference who have expressed their support for Liz and her leadership. I have confidence she will remain in her position and she has my support.”

While GOP Leader Kevin McCarthy (Calif.) and Republican Whip Steve Scalise (La.) have both said they want Cheney to remain in her job, McCarthy also told reporters Thursday that “questions need to be answered,” such as the “style in which things were delivered.” Members will have an opportunity to air those grievances at next week’s closed-door conference meeting, McCarthy added.

The GOP is far from unified when it comes to Cheney’s future. She has her share of ardent and high-profile defenders in the House, including several ranking committee members and her home state Sen. John Barrasso (R-Wyo.), who said her “strong voice and leadership will matter this next four years more than ever.”

Cheney’s allies argue that removing her from leadership — and thereby aligning the party even more closely with Trump — could backfire ahead of 2022. It could also help Cheney carve out a unique lane if she chooses to launch a White House bid in 2024, they say.

“I think it'd be a disaster,” Rep. Rodney Davis (R-Ill.) said of Cheney’s potential ouster. “We need to keep our eye on the ball. We have a very great chance of taking the majority.”

“And if we continue to give the American people a vision of Republican internal fratricide,” he added, “that doesn't do us any favors in convincing them that we're better apt to lead the House of Representatives, come midterm Presidency of Joe Biden.”

Even if Cheney does manage to cling on to her leadership perch, she’s still facing serious questions about her long-term future in the House GOP, which is still overwhelmingly pro-Trump. Some lawmakers think she’ll never be able to run for leadership again.

Meanwhile, her political problems back home have started to pile up: state Sen. Anthony Bouchard has already announced a primary challenge, though it could be tough to knock out someone with a national profile as large Cheney's. And the Wyoming GOP unanimously agreed to censure Cheney last weekend over her impeachment vote.

It’s a remarkable turn for Cheney, who clinched a seat at the leadership table in just her second term in Congress. Cheney, 54, even passed on a Senate bid last year to seek her fortunes in the House, leaving some wondering if she would take on McCarthy or Scalise for the top spot one day.

Yet Cheney — who has clashed with colleagues before — has so far rebuffed calls to step aside. She also was unapologetic about her impeachment stance, framing it as a vote of conscience and privately telling colleagues she wanted to be on the right side of history, political consequences be damned.

“We’re going to have these discussions inside the conference. We have differences of opinion about a whole range of issues, including about this one,” Cheney said Thursday on Fox News. “I anticipate and am confident that we will be united as a conference going forward.”

Cheney’s critics began circulating a petition last week demanding a special conference meeting to debate and vote on the resolution calling on Cheney to resign. Just 20 percent, or 43 members, of the House GOP is required to sign the petition in order to force the meeting.

But support from two-thirds of the conference is needed to hold an immediate vote on the resolution. Otherwise, it goes to a special panel, which includes some members of leadership. And only if that committee reports a favorable recommendation would the resolution go before the full conference for a vote, which would be conducted via secret ballot.

So far, the anti-Cheney crew has yet to submit the petition for a special meeting, though members have expressed confidence that they have the numbers on their side.

The group has also been conducting a temperature check inside the GOP to gauge whether a majority supports her stepping down as conference chair. Rosendale said multiple members fear they will be retaliated against if they publicly call to remove Cheney, which is why they’re more willing to vote on a secret ballot than sign a petition.

“It’s an extremely sensitive issue anytime that you’re going to challenge the leadership,” Rosendale said. “Most members are concerned about how this vote could impact their committee assignments.”

Many of the same Republicans who backed the president’s baseless election fraud allegations, such as Freedom Caucus Chairman Andy Biggs (R-Ariz.), are now leading the charge against Cheney.

This isn’t Cheney's first dust-up with the GOP’s right wing. Last summer, members of the ultra-conservative Freedom Caucus ripped Cheney for criticizing Trump’s handling of the coronavirus, as well as for supporting a primary challenger to Rep. Thomas Massie (R-Ky.).

At the time, some hard-liners even discussed recruiting someone to challenge Cheney for conference chair — Stefanik and Zeldin were both floated — but no one stepped up. Cheney was then unanimously selected in November to serve another two-year term in leadership.

Some lawmakers doubt whether Stefanik or Zeldin would mount a bid this time around, either. Stefanik, who gave Cheney’s nominating speech in November, has been telling at least some of her colleagues she doesn't want the job. Other GOP sources, however, have told POLITICO she is making early calls to lawmakers to feel out their support.

And then there is Zeldin, who would face the challenging optics of booting the only woman from GOP leadership, right after a record-breaking number of Republican women were elected to Congress. Plus, major corporations have frozen donations to lawmakers who challenged the election results — which includes Zeldin and Stefanik — giving a Cheney an edge there.

In a sign of how intense the issue has become, offices that are choosing to stand behind Cheney are receiving hundreds, if not thousands, of anti-Cheney spam emails, according to lawmakers/aides.

Yet that hasn’t stopped some members from voicing their support for Cheney.

“As we figure out where Republicans go from here, we need Liz's leadership,” said Rep. Mike Gallagher (R-Wis.), who serves with Cheney on the Armed Services Committee. “We must be a big tent party or else condemn ourselves to irrelevance.”

Said another House Republican: “If I would not vote to impeach the silliest Republican in DC, why would I vote to remove the most serious Republican in DC.”

Burgess Everett contributed to this report.

Posted in Uncategorized

Trump attorney who ‘burrowed’ into critical job at last minute is placed on administrative leave

Donald Trump may have never admitted that he lost—bigly—but he sure spent his last months in office acting like a loser. That wasn’t just a matter of Trump completely checking out of his already inadequate governance, or drumming up support for an insurrection. It also included a firestorm of ripping out even marginally competent officials and making last-minute Trumpist substitutions. In particular, Trump got genuinely busy right after the election in replacing top Pentagon and national security officials. Some of those new officials seem to have been involved with the slow, inadequate response to the Jan. 6 insurrection. 

Even after the failed coup, the deck chairs kept moving on the Trumptanic. Less than 24 hours before Trump made the nation genuinely grateful by leaving Washington for good, Trump loyalist Michael Ellis was sworn in as the top attorney for the National Security Agency (NSA). This is a slot that’s supposed to be a nonpolitical civil service position awarded to the best qualified applicant. The push to seat Ellis in this post raised immediately generated calls for a review by an inspector general. But Trump’s team pushed around those calls to seat Ellis and keep him working until the last minute.

That minute is up. President Biden has placed Ellis on administrative leave. Now everyone wants to know just what he did in his less than two days on the job.

Ellis was not a newcomer to the Trump White House. He was originally a White House attorney before Trump handed him the role of senior director for intelligence on the National Security Council in March 2020. As Kerry Eleveld reported at that time, Ellis was considered a “Trump loyalist” who had no experience in intelligence. He was already known as someone who had slipped classified information to Rep. Devin Nunes and for requesting that transcript of Trump’s Ukrainian call be moved to a more secure server. His move to the NSC came shortly after Republicans handed Trump a free pass on his first impeachment—an impeachment that included key witnesses from the NSC who testified to Trump’s attempted blackmail of the Ukrainian president. 

Even though Ellis was already in the NSC and there were only days to go, The New York Times reports that former Acting Defense Secretary Christopher Miller scrambled to move Ellis into place over objections. Among other things, Ellis’ appointment seems to be a clear violation of rules against “burrowing,” in which political appointees are assigned supposedly competitive civil service positions that normally carry on between administrations. Insiders have also said that Ellis was given the job over several more experienced attorneys who scored higher and had applied for the position. Why the rush? Well, for one thing, the top attorney has almost total control over that classified server where the transcripts from the Ukraine conversation and other classified conversations are stored. 

For the moment, Ellis has been ordered to the sidelines. The Biden White House put Ellis on administrative leave Wednesday evening.

However, if the investigation fails to show that seating Ellis violated regulations, the protections provided to civil service jobs could well see him returning. Which doesn’t mean he would once again be in charge of such critical areas. He may get to stay, but he can definitely be reassigned.

Senate Republicans uniting behind impeachment defense

Senate Republicans are coalescing around a long-shot bid to dismiss the impeachment trial of former President Donald Trump before it even begins, relying on a disputed legal argument that says putting an ex-president on trial is unconstitutional.

Interviews with more than a dozen GOP senators revealed broad support for the claim that the Senate has no constitutional authority to put a private citizen on trial, which could translate into a substantial number of votes to scrap the trial altogether. The issue came up several times during a Senate GOP conference call Thursday afternoon, according to multiple senators.

Senate Minority Whip John Thune (R-S.D.) said in an interview that concerns about the constitutionality of putting a former officeholder on trial were top of mind among GOP senators — even those who are open to voting to convict Trump on the House’s charge that he incited the insurrection at the Capitol on Jan. 6 that left five people dead.

“Our members, irrespective of what they might think about the merits, just believe that this is an exercise that really isn’t grounded constitutionally and, from a practical standpoint, just makes no sense,” Thune said.

But critics — including scholars from the conservative Federalist Society and other right-leaning organizations — maintain that the argument is on flimsy legal ground. Moreover, federal courts have consistently deferred to Congress’ “sole power” to set its own rules and procedures, including over impeachment proceedings.

Still, Republicans’ contention is shaping up to be a central theme of the ex-president’s defense strategy in the Senate’s upcoming trial, with several GOP senators publicly echoing it in recent days even as they signal increased hostility toward Trump over the attack on the Capitol.

“I think the key point is, is it constitutional to do this when somebody is out of office — and then, is it purely retribution when you try to push it forward,” Sen. Mike Braun (R-Ind.) said. “[That’s] not to dismiss any of the enormity of the day itself.”

“I think it is one of the most potent arguments [for Trump], absolutely,” added Sen. Lindsey Graham (R-S.C.), a top Trump ally who has been pushing for a vote on dismissing the trial at its outset.

Indeed, the Senate has never put a former president on trial on impeachment charges, though in 1876 the Senate tried former Secretary of War William Belknap after he had already resigned. Supporters of the Senate’s authority to try an ex-official have pointed to the Belknap trial to underscore that a president or any other person subject to impeachment could simply resign or otherwise leave office to evade punishment.

“If an official could only be disqualified while he or she still held office, then an official who betrayed the public trust and was impeached could avoid accountability simply by resigning one minute before the Senate’s final conviction vote,” a bipartisan group of legal scholars, including prominent conservatives, wrote on Thursday.

Senate Majority Leader Chuck Schumer (D-N.Y.) and Minority Leader Mitch McConnell (R-Ky.) still need to iron out a framework, which will outline the rules and procedures of the trial. McConnell on Thursday also proposed delaying the start of the trial by two weeks to allow Trump to prepare his defense strategy, though it’s unclear if Schumer will agree.

The framework will spell out whether to allow for a motion to dismiss the trial at its outset — a vote that could signal the likelihood of the Senate convicting Trump. Seventeen Republicans would need to join all Democrats for Trump to be convicted. Some senators said they are considering supporting such a motion, if one is offered, as a way of voicing their objections to putting a former president on trial.

“I don’t think, once a person has left office, that impeachment is available. I think it’s a moot issue at that point,” Sen. Mike Rounds (R-S.D.) said. “Constitutionally, it’s the wrong thing to do.”

In this case, as Republicans note, there is no office from which to remove Trump, though convicting him could lead to other punishments such as barring him from seeking federal office in the future.

“Let the voters decide whether they want President Trump to run again,” Sen. Ron Johnson (R-Wis.) said. “There’s nothing I see in the Constitution that allows you to impeach a president after he’s already left office.”

Johnson said he would “definitely” vote to dismiss the trial, adding that the House’s impeachment article “shouldn’t even be sent over here.” Transmitting the article from the House to the Senate triggers the beginning of the trial.

But Democrats, who now control the Senate, are intent on holding a trial, even as Speaker Nancy Pelosi has not yet formally transmitted the impeachment article to the other side of the Capitol. Schumer declared as much after the House impeached Trump last week, though Democrats have not yet decided how long the trial should last, which will be dictated by whether they decide to call witnesses as part of the proceedings.

Top lawmakers from both parties, though, are predicting a relatively short trial. Trump’s first impeachment trial lasted three weeks, but that was only after a weeks-long impeachment inquiry in the House that yielded hundreds of pages of evidence and legal arguments. Rep. Jamie Raskin (D-Md.), the House’s lead impeachment manager, said Thursday that the upcoming trial will not last as long as the previous one.

That’s in part because, this time, the House did not conduct a formal investigation, and several senators have said calling witnesses is not necessary because lawmakers were all witnesses to the siege on the Capitol and because Trump’s actions and statements were on full public display.

“It’s not like we need much information on the merits of the case,” Braun said. “We were here.”

“I guess the public record is your television screen,” Graham quipped. “I don't see why this would take a long time.”

Apart from the constitutional arguments, Republicans are questioning why Democrats want to put Trump on trial while President Joe Biden is emphasizing unity and bipartisanship, noting that an impeachment trial is among the most divisive undertakings on Capitol Hill.

“I’m not sure why it helps the Dems either. I know there’s an awful lot of antipathy for the former president. But they’ve got a new lease on life,” Thune said. “They’ve got the White House, they’ve got the majority in the Senate. They’ve got a lot of stuff they want to do. They want to rehash the last four years, and it doesn’t seem like it makes a lot of sense.”

Republicans have been urging Biden to step in to halt or otherwise impede the Senate trial on the grounds that it will delay consideration of Biden’s Cabinet nominees as well as his legislative agenda, which includes another round of Covid-19 relief.

“It’ll be incredibly divisive for the country if we go through that,” Sen. Marco Rubio (R-Fla.) said. “We’re in the middle of this massive pandemic. We’ve got all these nominations that we need to do. We’ve got all these threats around the world that we’ve got to be focused on. There’s a lot to be done. The notion that we’re going to spend a week or two weeks on a trial on somebody who’s not even in office — it sounds to me like a waste of time.”

Pelosi pushed back against that contention earlier Thursday, saying bluntly: “The president of the United States committed an act of incitement of insurrection. I don't think it's very unifying to say, 'Oh, let's just forget it and move on.' That's not how you unify.”

Burgess Everett contributed to this report.

Posted in Uncategorized

They call themselves ‘Patriots’: Trump’s scheme for a new third party rooted in far-right extremism

Donald Trump, the Wall Street Journal reports, is mulling the idea of forming a third party in his own political image, and calling it the “Patriot Party.” The report cites White House insiders who said the departing ex-president “discussed the matter with several aides and other people close to him last week.”

“Patriot,” however, is not just any old name. It’s a self-descriptive name that has long been used by the conspiracist Bircherite radical right, for decades a cauldron of extremist behavior ranging from Oklahoma City to the Bundy standoffs to the January 6 Capitol insurrection, spawning such movements as militias and sovereign citizens and inspiring numerous acts of violence. It’s an unmistakable dogwhistle to the American extremist right.

Trump seemed to reference his plans for a new party—not an original idea on his part, the notion of a third party with that name having been a topic of discussion in far-right chatrooms at Telegram, Parler, and elsewhere since the election—in his remarks during his closing days in the Oval Office. In his Tuesday farewell speech, Trump told his followers that “the movement we started is only just beginning. There’s never been anything like it.”

On Wednesday, departing finally from Andrews Air Force Base, he vowed: "We will be back in some form."

As the WSJ’s Andrew Restuccia observes, “It’s unclear how serious Mr. Trump is about starting a new party, which would require a significant investment of time and resources. The president has a large base of supporters, some of whom were not deeply involved in Republican politics prior to Mr. Trump’s 2016 campaign.”

What has become unmistakable, however, is that Trump now identifies clearly with the Patriot movement—the far-right political movement that has been spreading its toxic influence on the American landscape since the 1990s. In suggesting “Patriots” as the name of a new right-wing political party, he is less hijacking the name than embracing it.

Trump has called his followers “patriots” for a very long time—and because the word still carries a generic meaning, journalists and other observers have failed to note the significance of his repeated and increasing use of it. What’s noteworthy is that, in the past year especially, he often applies it to a specific bandwidth of his supporters—namely, those engaging in acts of intimidation and thuggery against leftists and liberals.

When a “Trump caravan”—with the usual Trump, Gadsden “Don’t Tread On Me,” “Blue Lives Matter,” and ordinary American flags streaming from their pickups—drove through downtown Portland, Oregon, last August, amid images of his Proud Boys supporters firing paint and pellet guns at protesters, he tweeted out a video of the caravan on the move, hailing its participants as “GREAT PATRIOTS!” (A Trump supporter involved in the melees was shot later that night by an antifascist.)

It was also the term the Capitol insurrectionists called themselves. One of the attendees at the Trump rally that preceded the riot—a 55-year-old man from Chicago—told a reporter: "We're not moving on. … We are not Republicans. We are the MAGA party. We are patriots.”

Trump’s inner circle is fond of using the word as well. Donald Trump Jr. greeted the January 6 rally crowd with: "Hello, Patriots!"

After the same crowd then stormed the Capitol, his sister Ivanka then tweeted out an appeal for calm: “American Patriots—any security breach or disrespect to our law enforcement is unacceptable. The violence must stop immediately. Please be peaceful.” (She deleted the tweet later that day.)

And the people who invaded the Capitol used the word to identify themselves. “Patriots!” a number of insurrectionists were recorded shouting as they rushed to enter through broken police barricades. Inside, the “QAnon shaman” Jake Angeli—garbed in furs and a horned hat—could be heard hailing his comrades: “Hold the line, patriots!”  

In a New Yorker video taken inside, Angeli can be seen greeting other rioters inside the Senate chambers: “Heyyyy, glad to see you man. Look at you guys, you guys are fuckin’ Patriots!” Leading a prayer from the dais later, he thanked God for “filling this chamber with Patriots who love you and love Christ.”

Trump supporters elsewhere who celebrated the insurrection applied the label as well. A “Stop the Steal” protest organizer in Illinois told a local TV station: "Well, now the patriots are waking up and we're taking our country back. As you've seen in D.C., they've stormed the Capitol and they are making their voices be heard. So, that's what we'll continue to fight for."

This is not by any means a recent phenomenon. Trump supporters have been regularly identifying themselves to journalists and others as “Patriots” for several years now. A classic example is a California-based MAGA fanatic—a man previously arrested on terroristic-threatening charges—who traveled to Arizona for a “Trumpstock” event, and told a New York Times reporter: “They label us white nationalists, or white supremacists. … There’s no such thing as a white supremacist, just like there’s no such thing as a unicorn. We’re patriots.”

The use of the name originated with right-wing extremists in the mid-1980s who called themselves “Christian Patriots,” and were unabashedly racist—many of its participants could be found at annual “Aryan Congresses” assembled by the “Christian Identity” Aryan Nations near Hayden Lake, Idaho. This movement was studied in depth by sociologist James Aho in his 1990 book, The Politics of Righteousness: Idaho Christian Patriotism (University of Washington Press). Derived in many regards from the openly racist and anti-Semitic “Posse Comitatus” belief system, Christian Patriots also claimed that ordinary people could declare themselves “sovereign citizens” to free themselves from rule by the federal government (including paying taxes), and that the county sheriff was the supreme law of the land, able to countermand federal law if he deemed it unconstitutional. Civil-rights laws, public land ownership, a federal education department—these were all considered null and void in their world of radical anti-federalism.

Following the tragic outcomes of the armed federal standoffs at Ruby Ridge, Idaho, in 1992, and at the Branch Davidian compound near Waco, Texas, in 1993, an idea that had been circulating in far-right circles for several—a strategy called “leaderless resistance” that called for forming small action-directed “cells,” along with violent acts of “lone wolf” domestic terrorism—became the consensus response among Christian Patriots. They called them “militias”—a reference intended to invoke the wording of the Second Amendment as a way to justify their existence.

Moreover, to broaden the appeal of the militias to include more secular-minded recruits, the movement dropped “Christian” and began calling itself simply the “Patriot movement.” The name stuck permanently.

At the time he blew up the Murrah Federal Building in Oklahoma City in 1995, Timothy McVeigh self-identified as a “Patriot,” as did Eric Rudolph, the 1996 Atlanta Olympics backpack bomber. The Montana Freemen—purveyors of “sovereign citizen” pseudo-legal scams and major figures in the movement—engaged in an 81-day armed standoff with FBI agents in 1996 near Jordan, Montana.

Despite the connection to public violence, however, the Patriot movement—as I explained in my 1999 book In God’s Country: The Patriot Movement and the Pacific Northwest—played the strategic role as part of a campaign for ideas and agendas from the radical right to become more mainstream. The general idea was to strip their overt bigotry (especially the innate anti-Semitism and racism) from their radical localist and nativist politics and to present them wrapped in American-flag bunting and lofty-sounding “constitutionalist” rhetoric that disguised its utterly nonsensical nature with heavy doses of jingoist jargon.

Throughout the 1990s, the Patriots continually organized their vigilante paramilitaries as militia groups, and preached the “constitutionalist” approach to government to anyone who would listen, along with their never-ending web of “New World Order” conspiracy theories, peddling maps of “FEMA concentration camps” and sightings of “UN black helicopters.” The conspiracism reached a kind of fever pitch in 1999 over the supposed looming “Y2K Apocalypse,” but after that proved to be an utter non-event, it then receded into a low-level hiatus during most of the early 2000s, with conspiracists mostly devoted to the massive speculation industry that sprang out of the terrorist attacks of September 11, 2001.

Among the leaders of that industry was radio host Alex Jones, a onetime John Birch Society member who began his career in Texas regurgitating conspiracy theories originally concocted by the Militia of Montana and packaging them for mass consumption. Shortly after the embarrassment of having hysterically hyped the Y2K Apocalypse, Jones seized on the 9/11 attacks as a fresh, and wildly promotable, avenue for drawing listeners into his web of fantasies. Over the years, Jones increasingly identified on-air with “the Patriots” in their “war against the globalists.”

Around 2008 and the election of Barack Obama to the presidency, the Patriot movement suddenly came roaring back to life. While the numbers of militia groups had declined to a mere 131 groups in 2007, they revived sharply over the next two years, with 512. By 2012, they had reached a record high 1,360 militia groups. However, relatively few of the movement’s leaders from the 1990s remain active to this day, many of them having subsequently died.

The Anti-Defamation League defines the Patriot movement thus:

A collective term used to describe a set of related extremist movements and groups in the United States whose ideologies center on anti-government conspiracy theories. The most important segments of the “Patriot” movement include the militia movement, the sovereign citizen movement and the tax protest movement. Though each submovement has its own beliefs and concerns, they share a conviction that part or all of the government has been infiltrated and subverted by a malignant conspiracy and is no longer legitimate. Though there is some overlap between the “Patriot” movement and the white supremacist movement, that overlap has shrunk over time; there are, in fact, people of color within the “Patriot” movement, particularly within the sovereign citizen movement.

As the Rural Organizing Project (ROP) explains, however, the presence of people of color—as well as its occasional rhetorical embrace of civil-rights ideals—is more of a conscious “we can’t be racist” façade for a movement that, at its core, is built on a foundation of white supremacist beliefs.

The origins of the Patriot movement tactics and approaches are tied up in organized racist currents. As mentioned, many of their beliefs were developed as a coherent political package by the racist Posse Comitatus. In the 1980s, one commentator described the Patriot movement as “half” racist. By the 1990s militia movement, perhaps less than a quarter of members were connected to explicitly White separatist groups; Christian Identity members still held prominent positions.

By the 2008 movement revival, connections to organized racism were hard to find in the leadership. CSPOA’s Richard Mack and Gun Owners of America’s Larry Pratt both have public histories of working with white separatists, but both are also 1990s holdovers.

Open racist expressions are more commonly found among local activists, however. For example, Malheur occupier Ryan Payne has said that slavery never really existed. In response to a post on a Facebook saying, “I’ve yet to met a white supremacist” (assumedly in Oregon Patriot movement circles), Oregon Oath Keeper Sally Telford replied, “I am a proud white/caucasian and I support and stand with all other white/Caucasians,” and elaborated that, “I stand with free white people.” Many Patriot movement activists are part of the “White Culture and Heritage” Facebook group, the content of which is a continuous stream of white supremacist propaganda.

Moreover, as the ROP notes, it’s common for Patriot movement adherents to deny the existence of structural or interpersonal racism. They typically define it narrowly as hatred of individuals purely for their race, a “conscious, vocalized action.” The Oath Keepers, for instance, instructed readers at their now-defunct website: “Realize there is no such thing as white privilege or male privilege: In reality, there is only institutionalized ‘privilege’ for victim-status groups. There is no privilege for whites, males, white males or straight white males.”

Even more acutely, the Patriot movement has long been antagonistic to a number of nonwhite ethnic groups:

  • Latino immigrants. One of its major subgroups that kept the Patriot movement alive in the early 2000s was the “Minutemen” vigilante border-watch movement of 2005-10, which organized public rallies that denigrated Hispanics and encouraged violence against them. The Minutemen eventually dissolved under the weight of the manifestations of violent criminal elements within their ranks.
  • Native Americans. Patriot movement conspiracists—many of them operating in states with Indian reservations and, consequently conflicts between tribes and nontribal residents and fishermen over land and water rights—have been highly active in organizing campaigns to attack tribal treaty rights and even decertify certain tribes, built primarily around “New World Order” conspiracy theories.
  • Muslim refugees. A number of more recent Patriot groups have been highly active in promoting Islamophobic campaigns against Muslims generally and refugees in particular. In 2015-16, “Three Percenter” militia groups organized multiple protests in Idaho against the presence of a refugee-relocation program based in the city of Twin Falls, claiming it was part of a nefarious global campaign to eventually replace the white population there.
  • Black Lives Matter. Most Patriot groups are unapologetic in their disdain and hatred for the Black Lives Matter movement. The Oath Keepers in particular have prominently attacked BLM as innately violent Marxists and a threat to the nation, as have “Three Percenter” militia groups and the Northwest-based Patriot Prayer street-brawling group. When Proud Boys marched violently through the streets of Washington, D.C., on December 14, their primary targets became African American churches adorned with Black Lives Matter banners and signs, which they tore down and burned.

Groups in the 1990s regularly adopted “Patriot” as part of their name, just as many right-wing militia and conspiracy-fueled groups include “Patriot” in their organizational titles to this day. Most of these are explicitly pro-Trump operations. Two Trump-loving Arizona groups, the Arizona Patriots and Patriot Movement AZ, have been highly active in protests against the election results the past two months. During the 2018 midterm election campaign, after pro-Trump forces repeatedly ran ads quoting his hysterical references to an “invasion” on the southern border, another group—the United Constitutional Patriots—set up camp at the New Mexico/Mexico border and tried arresting migrants, eventually resulting in prison time for the militiamen.

The revival of the Patriot movement during the Obama years primarily revolved around the tea party. By mid-2010, it had become clear that the tea party—first promoted by mainstream media as a kind of normalized right-wing populist revolt against liberal Democratic rule in the Obama era—had swiftly transformed into a massive conduit for conspiracy theories, ideas, and agendas directly from the Patriot movement. Attending a tea party gathering after that year, particularly in places like rural Montana, was indistinguishable from the scene one could have found 15 years before at a militia gathering: the same speakers, the same books, the same rhetoric, the same plenitude of paramilitary and survivalist gear for sale.

By 2010, Patriot groups like the Oath Keepers had become the primary face of the tea party. Oath Keepers founder Stewart Rhodes boasted of his prominent role in the movement to Fox News’ Bill O’Reilly: “We like the Tea Party movement a lot, we think it's great. It's a revitalization of our core Americanism and core constitutionalism.”

A Gadsden flag, right, flutters above the site of a “Minutemen” vigilante border watch operation near Blaine, Washington, in 2006.

The ultimate emblem of this ideological takeover by the Patriots was the ascendance of the Gadsden flag as the tea party’s most prominent symbol. The flag had originally been revived in the 1990s by the Patriot movement and was commonly on prominent display at their gatherings, as well as available through the Militia of Montana mail-order catalog.

It remained a standard symbol for Patriots well afterward, and was prominently used by Minutemen groups while organizing vigilante patrols on both the Mexican and Canadian U.S. borders. When a group of far-right conspiracists gathered to discuss the supposed globalist conspiracy to destroy Western civilization at the core of their worldviews, a Gadsden flag was hung above the club where they met.

But soon after the tea party began organizing rallies in the spring and summer of 2009, Gadsden flags began appearing prominently. Soon the banner became the best-known symbol of that movement—reflective of the flood of Patriot movement ideologues who seized control of the tea party agenda.

The yellow Gadsden flag and its coiled rattlesnake also made prominent appearances during the two Bundy standoffs in the West, first in Nevada in 2014, and then in the Malheur National Wildlife Refuge in Oregon in 2016. Two of the participants in the Nevada standoff, Jerad and Amanda Miller, went on a murder spree two months afterward in Las Vegas; after shooting two police officers to death in a pizza parlor, they covered their bodies with a Gadsden flag.

Emblematic of its core of conspiracist fearmongering, the Patriot movement (and the tea party) also was the sector of the public that most avidly embraced the utterly groundless conspiracy theories about Obama’s supposedly “fake” or “incomplete” birth certificate, known as the “Birther” theories. That’s where Donald Trump first entered the picture.

Trump built the foundations of his political career in 2011 by promoting the Birther theories avidly, creating such a broad media sensation that eventually Obama conceded and ordered Hawaii officials to publicly produce the “long form” certificate in an attempt to satisfy the conspiracists. Of course, it signally failed to do so; encouraged by Trump’s public ambivalence over whether he accepted the evidence as legitimate, the conspiracists in no time produced a fresh new round of theories claiming that the new certificate was actually fake.

Around the same time, Trump claimed the mantle of leader for the tea party, telling a Fox interviewer: “I think the people of the Tea Party like me, because I represent a lot of the ingredients of the Tea Party. What I represent very much, I think, represents the Tea Party.”

Trump enjoyed substantial support for his 2016 election from an array of radical-right organizations, notably a solid phalanx comprised of the Patriot movement. His ascension to the presidency was widely hailed by various Patriots (not to mention Jones, who had hosted Trump on his Infowars program).

In short order, the movement’s conspiracy theorists were spinning up wild claims about Marxists and “antifa” plotting to overthrow his presidency, even before he was inaugurated—and then, ten months later, they revived the same claims, but this time the conspiracy theories were picked up by Fox News and other right-wing media and broadly disseminated. The narrative that resulted—depicting a “violent left” that needed to be violently confronted by “patriots”—became intensely repeated throughout the 2020 election campaign, ardently adopted by such pro-Trump groups as the Oath Keepers and Proud Boys.

Throughout his tenure, Trump made regular references to “patriots” in his speeches, such as his September 2019 speech to the United Nations at which he declared: “The future belongs to patriots.” In 2020 he issued a proclamation designating September 11 as “Patriot Day.”

Indeed, Trump established a record of describing people who support him and his agenda as “patriots.” He used the word to describe people who backed his attempt at shutting down the government in 2019, and for farmers who had been devastated by his trade war with China. He has also described members of his administration as “great patriots,” as well as Republican candidates he has endorsed.

Trump’s campaign emails have also regularly used the word, encouraging donations by describing recipients as patriots, particularly for supporters who attended his rallies and purchased his MAGA merchandise. Notably, in the past year, these emails regularly capitalize “Patriot” to describe would-be donors.

The first such email appears to have been a fundraising appeal in September 2017 (“I know there’s no stopping our movement with the support of patriots like you,” it read). The references continued through 2018 and 2019 in some 800 emails, and then became intense in the past year. In 2020 alone, the campaign sent out nearly 2,000 emails containing the word “patriot.”

It’s a neat rhetorical trick for Trump, playing on neutral observers’ propensity to interpret the use of the word generically, while acting as a direct dogwhistle to his followers who identify with the Patriot movement. Even more Machiavellian is the effect its use has on non-extremist supporters by encouraging them to identify indirectly with a far-right movement.

These manipulations all came home to roost on Jan. 6, when the primary elements leading the insurrection at the Capitol included a number of Patriots. Among these were Three Percenter militiamen and Oath Keepers, whose authoritarian devotion to Trump became so intense this year that it has declared a “civil war” against “antifa and BLM.” Rhodes spoke at the December 14 pro-Trump rally and urged him to invoke the Insurrection Act and declare martial law.

Now, the FBI has arrested three Oath Keepers for their roles in the insurrection, and more arrests may be coming. Several others charged in the Capitol invasion also have connections to the group.

“The insurrectionists’ use of the term ‘patriot’ is striking,” Woden Teachout, author of Capture the Flag: A Political History of Patriotism, told the Deseret News. “It’s also powerful to see how flags are being used as literal weapons against officers at the Capitol. Neither of these is new in American history. Other groups—like anti-immigrant nativists in the 1940s and pro-Nixon forces in the Vietnam era—have used them similarly. In each case this language and the symbols are invoked to draw an ideological circle that brings some in and forces others out.

“To define certain people as patriots is to say that other people are not,” she added.

Sam Jackson, an expert on the Oath Keepers, said that many people who self-identify as patriots today see themselves as modern versions of the Founding Fathers. In their version of reality, their enemies are not British redcoats but rather the federal government, the political left or, “more generally, those who don’t support Trump,” all perceived as a threat to “the Republic” and their version of the Constitution.

Indeed, for most of the three decades that the Patriot movement has been active, it has been primarily described by experts and monitors as a “antigovernment movement.” However, given its ardent support for the government run by Trump—and its long record of antipathy directed almost solely at liberals and Democrats—as well as its revealing refrain that America is “a republic, not a democracy,” it has become apparent (particularly in the past year) that it is probably far more accurate to describe it as a fundamentally antidemocratic movement.

But while the Patriots conceive of themselves as representing a kind of real patriotism rather than the seditionist travesty that their movement has manifested itself as in action, the public may not have been fooled, at least not on January 6. A Reuters/Ipsos poll released two days after the Capitol takeover found only 5% of Americans believed the rioters to be patriots. Nine percent described them as “concerned citizens” while 79% percent said they considered participants in the uprising “criminals” or “fools.”

So while Trump prepares to split the Republican Party by creating a party designed primarily to accommodate his far-right supporters and their increasingly radicalized fellow followers, mainstream political observers are not necessarily being gulled by his dogwhistles. And if he makes clear he intends to act on the scheme, he may well give the U.S. Senate the incentive it needs to convict him of the House impeachment charges approved last week and strip him of the ability to ever again plague the nation by holding public office.