Got your contact information handy? We hope so because we have your first assignment for our "Protect Democracy Campaign".
Once we launched this blog a couple of days ago, there were already so many pressing issues taking place in Washington, we decided we must try to prioritize them. This task in itself turned out to be a major one. There are so many actions we would like to take place before Biden leaves the White House and the Democrats loose control of the Senate. There is not enough time to accomplish all of them. but the following are two things we believe are of extreme importance.
ACTION #1:
The Equal Rights Amendment is the comprehensive, permanent tool we need to defend abortion and LGBTQ+ rights. President Biden and Congress have the power to publish it.
A national abortion ban and attacks on queer & trans youth are on the horizon. Donald Trump made clear he will be instituting these attacks on our communities on Day 1. Now more than ever, we need to unite to block the attacks on our rights. We know the Equal Rights Amendment (ERA) is the best shot we have right now, to tangibly protect our communities from his incoming orders. #ERANow calls on outgoing President Biden to publish the Equal Rights Amendment.
Publication of the ERA would enshrine the following 24 words in the U.S. Constitution: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Once published, the U.S. Constitution will explicitly prohibit sex discrimination, which includes discrimination based on sexuality and gender identity. This would finally put women and queer people in the Constitution, and protect abortion, gender-affirming care, and more.A constitutional amendment is something Donald Trump can't overturn.
An amendment to the Constitution needs passage by 2/3rds of Congress and ratification from 38 states. The ERA has met those requirements. Now, we need President Biden to be bold and publish the ERA in his last months in office. The stakes are higher than ever. Contact your Senators and Congressional Representative today. Use the script below by inserting the appropriate name in place of President Biden’s.
Alternatively, you can call the White House and tell Biden to publish the ERA. (202) 456-1111
Phone staffed 11am to 4pm Tuesday through Thursday.
Script: "Hi, my name is [Your Name], and I’m calling to urge President Biden to make the publication of the Equal Rights Amendment to the Constitution a priority for his legacy before leaving the White House."
ACTION#2:
ASK MAJORITY LEADER CHUCK SCHUMER AND SENATORS TO CONFIRM BIDEN NOMINEES TO THE JUDICIARY
Judges appointed by Trump in his first session have wreaked havoc in dismantling reproductive rights, shutting down humane immigration policies–like providing green cards for spouses of Americans, and even dismissing Trump’s own criminal case. Before Trump gets a chance to appoint more judges, the Senate, in its lame duck session has an opportunity to confirm more Biden nominees. Let’s CONTACT Senate Majority Leader, Chuck Schumer and ask him to prioritize this in the Senate’s final session before Republicans take over. And let’s contact our own Democrat Senators to ask them to use their influence to make sure this happens.
Supreme Court Justice Clarence Thomas is corrupt. In addition to accepting and concealing decades of lavish gifts from billionaire Republican mega-donor Harlan Crow, he has refused to recuse himself from cases with glaring conflicts of interest. He cannot and is not an impartial judge. But, despite public demands, Thomas has not stepped down and he has not been impeached.
“Last Week Tonight” host John Oliver has an offer for Thomas. $1M annually if he resigns from the Supreme Court and a $2.4M tour bus. Tell Thomas to take the offer!
Why is this important?
Ever since his confirmation hearings more than 30 years ago, the public has questioned Thomas's ethics and behavior. His abuse of power, his conflicts of interest, and his secrecy about his financial and political ties make him unfit to serve.
Back in 2000, Justice Thomas complained about his salary—at the time it was $173,000—and implied he might leave the Supreme Court. And that’s when the gifts started rolling in.
38 vacations 26 private jet flights 8 flights by helicopter 12 VIP passes to sports events Luxury vacations in Florida and Jamaica
And that’s just what was undisclosed. The value of the gifts he has received from Harlan Crow—who paid for Thomas’ vacations, his mother’s house, and nephew’s tuition—and other mega-donors over the years is in the millions. He even accepted a loan from a healthcare executive to purchase a luxury RV, and then had a significant portion of that loan forgiven. Meanwhile, Thomas ruled against student debt relief for everyday Americans.
Thomas has abused his position—from refusing to recuse himself from cases regarding his wife's involvement in the attempt to overturn the 2020 election to crusading on behalf of his right-wing allies to overturn abortion access and so much more.
But since he refuses to resign, and Congress lags on impeachment, the late-night host John Oliver has found a third option. $1M annually if Thomas resigns from the Supreme Court and a $2.4M tour bus. Thomas has 30 days to accept the offer—as he has accepted countless other gifts from wealthy donors.
Tell Thomas to accept John Oliver’s offer and step down from the Supreme Court!
"Except for the relatively small number of Fascist sympathizers," George Orwell wrote in 1944, "almost any English person would accept 'bully' as a synonym for 'Fascist'. That is about as near to a definition as this much-abused word has come." Although political scientists have crafted more precise definitions in the ensuing years, the enduring image of fascism is that of the hate-fueled bully.
In a September 2020 interview, Joe Biden called his then-opponent, Donald Trump, "sort of like [Joseph] Goebbels," a reference to Hitler’s propaganda chief during the Nazi regime. "You say the lie long enough, keep repeating it, repeating it, repeating it, it becomes common knowledge," Biden explained. One aspect of fascism is repeating the lie until your followers come to believe it, accepting it as an obvious truth, something Trump is the master of.
Trump refused to commit to a peaceful transfer of power in advance of the 2020 election and tried to overthrow it after he lost, claiming it was rife with fraud—it wasn’t—while trying to install fake slates of electors to preempt duly elected ones and running an intimidation campaign against his own vice president to try and secure his cooperation. With the dismissal of his court cases and all his other plans coming apart, Trump tried to subvert DOJ and came close to installing as attorney general an unqualified environmental lawyer whose only credential was his willingness to throw the might of DOJ behind Trump’s claims of election fraud. It was a putsch attempt and Trump sulked like a child when it failed. Instead of ensuring a smooth transition to the new rightful president, he balked and obstructed and, apparently, took classified documents with him on the way out of the White House. He has continued ever since to act as a divisive force, motivated only by self-interest.
So reporting this week that Trump intends to target prosecutors and agents involved in the special counsel’s investigation of him if he regains the White House, identifying and firing them, comes as no surprise. But it seems to have mostly gotten lost in the shuffle of news about developments in the Mar-a-Lago case, despite the fact that it is equally deserving of our attention. Rolling Stone reported, “In recent months, the former president has asked close advisers, including at least one of his personal attorneys, if ‘we know’ all the names of senior FBI agents and Justice Department personnel who have worked on the federal probes into him. That’s according to two sources with direct knowledge of the matter and another person briefed on it.” There you have it, the party of law and order, preparing to exact revenge on people pledged to work for law and order.
If law enforcement officials who are upholding their oaths to the Constitution and doing their job won’t be safe in a new Trump regime, then really, who will be? No one. Because in a country overtaken by a cult of personality, you never know on any given day when you’re going to run afoul of the leader’s whims. You could be the shop assistant who doesn’t have the right size shirt in stock or the chef whose meal Trump doesn’t like. You could be a grandchild’s teacher who gives an accurate but low grade. Really, you could be anyone. It doesn’t matter because once we install a leader who rejects a rule of law system of government in favor of one where all that matters are the momentary desires of the head of the cult, we are beyond the protections the law has traditionally offered people in this country from overreaching leaders. Trump has made abundantly clear his intent to dismantle that system if he gets another opportunity.
More from Rolling Stone’s reporting: “Trump has...privately discussed that should he return to the White House, it is imperative his new Department of Justice ‘quickly’ and ‘immediately’ purge the FBI and DOJ’s ranks of these officials and agents who’ve led the Trump-related criminal investigations, the sources recount. The ex-president has of course dubbed all such probes as illegitimate ‘witch hunts,’ and is now campaigning for the White House on a platform of ‘retribution’ and cleaning house.” Trump is the quintessential bully who doesn’t believe in the rule of law.
Trump has leveled specific criticism against FBI Director Chris Wray, his 2017 appointee, objecting to Wray’s failure to engage in a wholesale purge of people who are not loyal to Trump and threatening to fire him on his first day back in the White House if he wins in 2024. But Trump’s sights aren’t set exclusively on DOJ. He has gone beyond that, promising that top of the list for his revenge and retribution campaign against federal employees whose loyalty is to the Constitution, not Trump, is reinstituting “Schedule F.” Schedule F is an executive order that would make it much easier for him to fire federal employees across the executive branch, while also offering the ability to replace them with Trump loyalists (despite longstanding protections for civil servants against just this type of action).
From his earliest moments in office, Trump targeted employees whom he thought were insufficiently loyal to him, personally. The first one was then–FBI Director Jim Comey, who declined to give Trump the personal loyalty oath he sought, saying that his loyalty was to the Constitution. Comey was, of course, fired. The bookend at the conclusion of Trump’s presidency was his top cybersecurity official, Chris Krebs, who issued a statement calling the 2020 election “the most secure in American history” despite his boss’s claims of pervasive fraud. Trump fired Krebs on Twitter for contradicting The Big Lie.
Special counsel Jack Smith’s attention appears to have turned toward the Krebs firing, but it may have more to do with establishing Trump’s state of mind—proof he knew he’d lost in a fair election—than any new substantive lean in the direction of that investigation. It is nonetheless another significant marker on the path toward the possibility of an authoritarian America.
Personal loyalty oaths to the president aren’t how our country is supposed to work. Career federal employee jobs aren't spoils of war for a president to hand out like party favors. There are political appointments like judgeships and executive agency leadership, but the folks who move the ship of state forward from administration to administration are career professionals. Like the prosecutors and agents temporarily detailed to special counsel investigations into Trump, they are supposed to have civil service protections. In a normal world, Trump would be unable to walk in and fire them. His plans to do so are sinister. Trump is threatening to fundamentally change the structure of our country so that it runs in a way that serves him and not the people. That, of course, describes Trump in a nutshell.
What’s still more sinister is that little, if any, attention is being paid to Trump’s clear intentions to lead us away from democracy if he gets another shot at the White House. Is it fascism yet? Even asking the question can draw criticism these days. But we have on our hand a bully who repeats his lies until they become accepted as fact, at least by his followers, and who eschews the rule of law in favor of personal loyalty to him. It’s a frightening picture for the future, a future it’s critical that we prevent.
We’re in this together,
Joyce
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A pair of new investigative reports from ProPublica about Supreme Court Justice Clarence Thomas are a testament to not only the importance of good journalism in a democracy, but also Thomas’s unfitness on the court, and the need for better guard rails against moneyed influence. The first bombshell story, “Clarence Thomas and the Billionaire,” highlighted how a wealthy man named Harlan Crow befriended Thomas after he became a Supreme Court justice and treated him (and often his wife, Virginia “Ginni” Thomas) to luxurious vacations on a near-annual basis. Thomas did not disclose the trips as he was required to. Although he at first refused to speak with ProPublica about the initial story, he eventually made a statement saying he was advised he didn’t need to disclose the gifts.
ProPublica followed that up just days later with another story whose title says it all: “Billionaire Harlan Crow Bought Property From Clarence Thomas. The Justice Didn’t Disclose the Deal.” The property in question “wasn’t a marquee acquisition for the real estate magnate, just an old single-story home and two vacant lots down the road.” Like the vacations, Thomas also did not publicly disclose the sale. His mother has lived in the home and continues to do so after ownership passed to Crow. The billionaire has been busy making expensive renovations to it.
There is no question that Thomas broke the law by failing to disclose his financial transactions with Crow. Every American should read the ProPublica reports on how one of the nine Supreme Court justices, whose jurisdiction covers the entire nation, appears to be in the pocket of a billionaire. The relationship between Crow and Thomas is a cozy one that has borne fruit for wealthy elites: the justice has routinely sided with moneyed interests and their influence on policymaking.
Before ProPublica’s April 2023 investigations, most reporting on the Black justice had focused on his white conservative wife. Ginni Thomas has been an activist spouse, overtly reflecting the conservative political sensibility that her husband affirms in his judicial decisions. During Barack Obama’s presidency, she founded a “Tea Party” nonprofit called Liberty Central, a move the New York Times described as “the most partisan role ever for a spouse of a justice on the nation’s highest court.”
She then went further, becoming a political lobbyist and leading a small and secretive organization called Liberty Consulting. A 2011 Politico report points out that she touted “her ‘experience and connections’ to help clients ‘with governmental affairs efforts.’” She made headlines last year for having pressured former White House chief of staff Mark Meadows via text messages to try to overturn the 2020 election results in favor of Donald Trump. More recently, the Washington Post published an investigation into anonymous donations totaling $600,000 made to yet another organization she leads called Crowdsourcers for Culture and Liberty. The donations helped fund the right’s vicious culture wars.
When asked about the conflicts of interest that her activism present for her husband’s work on the Supreme Court, Ginni Thomas has brushed them off, telling the House Select Committee to Investigate the January 6th Attack on the United States Capitol, “It’s laughable for anyone who knows my husband to think I could influence his jurisprudence… The man is independent and stubborn.” She also said in an interview with the
conservative outlet the Washington Free Beacon, “Like so many married couples, we share many of the same ideals, principles, and aspirations for America.” She added, “But we have our own separate careers, and our own ideas and opinions too. Clarence doesn’t discuss his work with me, and I don’t involve him in my work.”
Well, that’s a relief. The sanctity of the nation’s highest court and its freedom from partisan influence rests on the word of a person who promises there’s no undue influence between a wife and her husband. This is a person who still believes that the 2020 election was stolen—a view that makes her even worse than Trump toady and former U.S. Attorney General William Barr, who said he would vote for Trump in 2024 but was at least able to admit that his election fraud claims were false.
In 2021, when Chief Justice John Roberts filed his year-end report on the federal judiciary, he stressed the importance of “impartial decision-making,” and that “[t]he Judiciary’s power to manage its internal affairs insulates courts from inappropriate political influence and is crucial to preserving public trust in its work as a separate and co-equal branch of government.” Apparently, Roberts was either ignorant of the Thomases’ doings or confident that Ginni’s promise of insulation from marital influence was good enough.
Although Clarence Thomas and his wife, Ginni, offer arguably the most explicit examples of corruptive influence on the Supreme Court, they are not alone. In December 2022, the New York Times revealed that an innocently named charity called the Supreme Court Historical Society has “become a vehicle for those seeking access to nine of the most reclusive and powerful people in the nation.” The organization has raised millions of dollars from secret donors. The majority of the money that the New York Times was able to identify came from “corporations, special interest groups, or lawyers and firms that argued cases before the court.” Justices attend the Supreme Court Historical Society’s annual dinner, offering a tantalizing chance for individual attendees to influence them—as the leader of an anti-abortion group apparently took advantage of.
Notwithstanding the liberal minority that includes Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, this is a court that loves wealth and has protected it for more than half a century. It’s no wonder there is growing public disapproval of a body that is so influential that its highly anticipated decisions impact nearly every aspect of our lives, from abortion to guns, to labor unions, to LGBTQ rights, and more.
Supreme Court justices have lifetime tenure—ostensibly a mechanism to protect them from “partisan pressures.” But that only works if the regulations preventing corruptive influence are watertight and if there are actual consequences for violating such regulations. In the wake of the Nixon Watergate scandal, Congress passed the Ethics in Government Act (EIGA) to ensure that officials like Supreme Court justices were independent of moneyed interests.
But even though Justice Thomas appears to have violated the EIGA, there is no direct mechanism to hold him accountable short of Congress starting impeachment proceedings against him—a move that has almost no precedent short of a House impeachment more than 200 years ago of a justice who was ultimately acquitted by the Senate.
No other democratically run nation on the planet gives its highest court justices lifetime tenure. Now, some legal experts have suggested term limits, and numerous Democratic senators have introduced the TERM Act, which would introduce 18-year terms for Supreme Court justices.
Now, some legal experts have suggested term limits, and numerous Democratic senators have introduced the TERM Act, which would introduce 18-year terms for Supreme Court justices. This would mean that a new justice would replace one who was termed out every two years, and presidents would have two opportunities during each four-year tenure to appoint new justices.
In passing the TERM Act, the U.S. would join the rest of the world’s democratic nations in upholding an impartial judiciary, the Thomases could carry out their dystopian vision of the nation free from accusations of corruption—and billionaire Harlan Crow could even save himself some money.
This article was produced by Economy for All, a project of the Independent Media Institute.
Author: Sonali Kolhatkar is an award-winning multimedia journalist. She is the founder, host, and executive producer of “Rising Up With Sonali,” a weekly television and radio show that airs on Free Speech TV and Pacifica stations. Her forthcoming book is Rising Up: The Power of Narrative in Pursuing Racial Justice (City Lights Books, 2023). She is a writing fellow for the Economy for All project at the Independent Media Institute and the racial justice and civil liberties editor at Yes! Magazine. She serves as the co-director of the nonprofit solidarity organization the Afghan Women’s Mission and is a co-author of Bleeding Afghanistan. She also sits on the board of directors of Justice Action Center, an immigrant rights organization.
