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Pete Hegseth Might Be Trump’s Most Dangerous Cabinet Pick

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › pete-hegseth-books-trump › 680744

For a few hours, Pete Hegseth’s nomination as secretary of defense was the most disturbing act of Donald Trump’s presidential transition. Surely the Senate wouldn’t confirm an angry Fox News talking head with no serious managerial experience, best known for publicly defending war criminals, to run the largest department in the federal government. Then, in rapid succession, Trump announced appointments for Matt Gaetz, Tulsi Gabbard, and Robert F. Kennedy Jr. The appearance of these newer and even more aberrant characters, like a television show introducing a more villainous heel in its second season, muted the indignation over Hegseth.

Obscured in this flurry of shocking appointments is the fact that Hegseth’s drawbacks are not limited to his light résumé or to the sexual-assault allegation made against him. Inexperienced though he may be at managing bureaucracies, Hegseth has devoted a great deal of time to documenting his worldview, including three books published in the past four years. I spent the previous week reading them: The man who emerges from the page appears to have sunk deeply into conspiracy theories that are bizarre even by contemporary Republican standards but that have attracted strangely little attention. He considers himself to be at war with basically everybody to Trump’s left, and it is by no means clear that he means war metaphorically. He may be no less nutty than any of Trump’s more controversial nominees. And given the power he is likely to hold—command over 2 million American military personnel—he is almost certainly far more dangerous than any of them.

Hegseth began his involvement in conservative-movement politics as a Princeton undergraduate. He then joined the Army and quickly developed a profile, when not on active duty, as a budding Republican spokesperson. He testified against Elena Kagan’s appointment to the Supreme Court (on the grounds that, while dean of Harvard Law School, she had blocked military recruiters from campus in protest of Don’t Ask, Don’t Tell) and lobbied in favor of the Bush administration’s Iraq policy. As the Republican Party’s foreign-policy orientation changed radically under Donald Trump, Hegseth’s positions changed with it. But his devotion to the party remained constant. After stints running the advocacy groups Vets for Freedom and Concerned Veterans for America, and a failed Senate campaign, he finally settled at Fox News, where he joined a chorus in support of Trump.

Along the way, Hegseth has written five books. The first, extolling Teddy Roosevelt’s legacy, revolves around ideas that Hegseth has since renounced after converting to Trumpism. Another is simply a collection of war stories. The other three, all published in the past four years—American Crusade (2020), Battle for the American Mind (2022), and The War on Warriors (2024)—lay out his worldview in florid, explicit, and often terrifying detail.

A foundational tenet of Hegseth’s philosophy, apparently carrying over from his Roosevelt-worshipping era, is a belief in the traditional masculine virtues and the potential for war to inculcate them. Hegseth maintains that boys require discipline and must aspire to strength, resilience, and bravery. His preferred archetype for these virtues appears to be Pete Hegseth, whose manful exploits either on the basketball court (he played for Princeton) or the battlefield are featured in all three books.

[David A. Graham: The perverse logic of Trump’s nomination circus]

Hegseth complains that society no longer gives veterans like him their proper measure of deference. “Being a veteran no longer demands respect of the coastal elites or reverence from large swaths of the public,” he writes—an observation that will sound strange to anybody who has ever attended a football game or listened to a speech by a politician from either party. “In previous generations, men had to find ways to salvage their honor if they didn’t get to fight in a war.” (The single strongest piece of evidence for Hegseth’s thesis—the popularity of lifelong coastal elitist, proud war-avoider, and POW-mocker Donald Trump—goes unmentioned).

Hegseth’s demand for greater respect grows out of his belief that he personally succeeded in the face of forbidding odds. “I had been an underdog my whole life,” he writes. “I persisted. I worked my ass off.” But the woke military, he complains, doesn’t reward that kind of individual merit and grit. Instead, it has grown so obsessed with diversity that it promotes unqualified minorities and allows women in combat, reducing its effectiveness and alienating hard-working, meritorious soldiers such as, well, him. He also frets that the inclusion of women in combat erodes traditional gender norms. “How do you treat women in a combat situation,” he asks, “without eroding the basic instinct of civilization and the treatment of women in the society at large?”

(The treatment of women by Hegseth specifically happens to be the subject of a recently disclosed police report detailing an alleged sexual assault of a woman at a 2017 political conference. Hegseth denies the allegation and says that the encounter, which took place while he was transitioning between his second and third wives, was consensual. He paid the alleged victim an undisclosed sum in return for her signing a nondisclosure agreement.)

One episode looms especially large in Hegseth’s mind as the embodiment of the wokification of the military and its abandonment of traditional merit. In 2021, Hegseth, an active National Guard member, wished to join the Washington, D.C., unit protecting incoming President Joe Biden’s inauguration. The National Guard, however, excluded him from the detail because he was deemed a security risk on account of a bicep tattoo of the “Deus Vult” symbol—a reference to the Crusades that is popular with some far-right activists.

The logic of the snub was straightforward. Biden’s inauguration took place in the immediate aftermath of an insurrection attempt that had included many members of the armed forces, some operating within far-right networks. But to Hegseth—who protests that the Deus Vult tattoo is simply an expression of his Christian faith, not a white-nationalist symbol—the decision was an unforgivable personal affront.

He expresses indignation at the notion that he could even be suspected of harboring radical ideas. “I fought religious extremists for over twenty years in uniform,” he writes. “Then I was accused of being one.” This is not as paradoxical as Hegseth makes it sound. Many of the people most eager to fight against extremists of one religion are extremist adherents of another religion. An example of this would be the Crusades, an episode that Hegseth highlights in American Crusade as a model to emulate.

In any case, evidence of Hegseth’s extremism does not need to be deduced by interpreting his tattoos. The proof is lying in plain sight. In his three most recent books, Hegseth puts forward a wide range of familiarly misguided ideas: vaccines are “poisonous”; climate change is a hoax (they used to warn about global cooling, you know); George Floyd died of a drug overdose and was not murdered; the Holocaust was perpetrated by “German socialists.”

Where Hegseth’s thinking begins venturing into truly odd territory is his argument, developed in Battle for the American Mind, that the entire basic design of the public education system is the product of a century-long, totally successful communist plot. Hegseth is not just hyperventilating about the 1619 Project, Howard Zinn, or other left-wing fads, as conservatives often do. Instead he argues that the entire design of the U.S. education system is a Marxist scheme with roots going back to the founding of the republic. The deist heresies of Ben Franklin and Thomas Jefferson, he writes, laid the groundwork to implant communist thought into the school system. Then, “American Progressives in the late 1800s blended the idea of Marxist government with aspects from the Social Gospel and the belief in an American national destiny in order to make Marxism more palatable to Americans.”

The nefarious plan to turn America communist involves steps that appear anodyne to the untrained eye. “Yes, our modern social sciences—like ‘political science,’ previously known as ‘politics,’ and ‘social studies,’ previously known as individual disciplines like ‘history, economics, geography and philosophy’—are byproducts of Marxist philosophy,” he writes. “Let that sink in: the manner in which we study politics, history, and economics in American schools—public and private—today is the product of Marxists. That was always the plan, and it worked.” Hegseth will no longer sit back and allow communist indoctrination to sap and impurify our precious bodily fluids.

The Marxist conspiracy has also, according to Hegseth, begun creeping into the U.S. military, the institution he is now poised to run. His most recent book calls for a straightforward political purge of military brass who had the gall to obey Democratic administrations: “Fire any general who has carried water for Obama and Biden’s extraconstitutional and agenda-driven transformation of our military.” Trump appears to be thinking along similar lines. He is reportedly working on an executive order that will fast-track the removal of officers “lacking in requisite leadership qualities” and compiling a list of officers involved in the Afghanistan retreat, who will likewise be shoved out.

To what end? Trump has already signaled his interest in two revolutionary changes to the Defense Department’s orientation. One is to legalize war crimes, or at least cease enforcement of the rules of war. The president-elect has enthusiastically endorsed the use of illegal military methods and has pardoned American soldiers who committed atrocities against detainees and unarmed civilians, following a loud campaign by Hegseth on Fox News.

[Graeme Wood: War crimes are not difficult to discern]

In The War on Warriors, Hegseth makes plain that he considers the very idea of “rules of war” just more woke nonsense. “Modern war-fighters fight lawyers as much as we fight bad guys,” he writes. “Our enemies should get bullets, not attorneys.” He repeatedly disparages Army lawyers (“jagoffs”), even claiming that their pointless rules are “why America hasn’t won a war since World War II.” (Ideally, the secretary of defense would be familiar with historical episodes such as the Gulf War.)

Writing about his time guarding prisoners at Guantánamo Bay—where, as even the Bush administration eventually admitted, most detainees were innocent men swept up by American forces—Hegseth describes calls for due process as a stab-in-the-back against brave soldiers like himself. “The nation was dealing with legal issues (mostly led by weak-kneed, America-hating ACLU types) concerning enemy combatants, ‘international rights’ of illegal combatants, and the beginnings of extrajudicial drone attacks,” he writes. “Not to mention the debate about the ‘rights’ of assholes (I mean, ‘detainees’) at Gitmo.”

Trump’s second and even more disturbing interest in having a loyalist run the department is his enthusiasm for deploying troops to curtail and if necessary shoot domestic protesters. His first-term defense secretaries blanched at these demands. Hegseth displays every sign of sharing Trump’s impulses, but in a more theorized form.

The clearest throughline of all three books is the cross-application of Hegseth’s wartime mentality to his struggle against domestic opponents. American Crusade calls for the “categorical defeat of the Left,” with the goal of “utter annihilation,” without which “America cannot, and will not, survive.” Are the Crusades just a metaphor? Sort of, but not really: “Our American Crusade is not about literal swords, and our fight is not with guns. Yet.” (Emphasis—gulp—his).

Battle for the American Mind likewise imagines the struggle against the communist educational plot as a military problem: “We are pinned down, caught in an enemy near ambush. The enemy has the high ground, and is shooting from concealed and fortified positions.”

And The War on Warriors repeatedly urges Hegseth’s readers to treat the American left exactly like foreign combatants. Describing the military’s responsibility to the nation, he writes, “The expectation is that we will defend it against all enemies—both foreign and domestic. Not political opponents, but real enemies. (Yes, Marxists are our enemies.)” The Marxist exception swallows the “not political opponents” rule, because pretty much all of his political opponents turn out to be Marxists. These include, but are not limited to, diversity advocates (“They are Marxists … You know what they are? They’re traitors”), newspapers (“the communist Star Tribune”), and, as noted, almost anybody involved in public education.

Lest there be any ambiguity, Hegseth incessantly equates the left to wartime enemies. “They do not respect cease-fires, do not abide by the rules of warfare, and do not respect anything except total defeat of their enemy—and then total control,” he writes at one point. At another, he argues, “We should be in panic mode. Almost desperate. Willing to do anything to defeat the ‘fundamental transformation’ of the American military and end the war on our warriors.”

Hegseth’s idea of illegitimate behavior by the domestic enemy is quite expansive. Consider this passage, recalling his time advocating for the Iraq War: “While I debated these things in good faith, the Left mobilized. Electing Obama, railroading the military, pushing women in combat—readiness be damned. The left has never fought fair.” The most remarkable phrase there is “electing Obama.” Hegseth’s notion of unfair tactics used by the left includes not only enacting administrative policies that he disagrees with, but the basic act of voting for Democrats. The inability or unwillingness to distinguish between legitimate and illegitimate political opposition likely endeared Hegseth to Trump, who shares the trait.

A Defense Secretary with a tenuous grip on reality, who can’t differentiate foreign enemies from domestic political opponents, and who seems to exist in a state of permanent hysteria is a problem that the United States has never had to survive. The main question I was looking to answer when I started reading Hegseth’s collected works was whether he would follow a Trump command to shoot peaceful protesters. After having read them, I don’t think he would even wait for the order.

Washington Is Shocked

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › washington-shocked-trump-nominations › 680703

At a rally in Las Vegas in September, the reggaeton star Nicky Jam came onstage in a Make America Great Again hat and endorsed Donald Trump. “We need you. We need you back, right? We need you to be the president,” he said. But after a comedian at Trump’s rally at Madison Square Garden last month called Puerto Rico “a floating island of garbage,” the singer—whose father is Puerto Rican and who was raised partly on the island—had second thoughts.

“Never in my life did I think that a month later, a comedian was going to come to criticize my country and speak badly of my country, and therefore, I renounce any support for Donald Trump,” Nicky Jam said.

He had no right to be surprised. Trump himself had previously gone after Puerto Rico—he punished its leaders for criticizing him after Hurricane Maria, and sought to swap it for Greenland—but even if Nicky Jam had missed or forgotten that, he had to know who Trump was.

Nicky Jam was ahead of the curve. Since the election, Trump has moved swiftly to do things he’d said he’d do, and yet many people—especially his own supporters—seem stunned and dismayed. This is absurd. Surprise was perhaps merited in late 2016 and early 2017, when Trump was still an unknown quantity. But after four years as president, culminating in an attempt to erase an election he lost, Trump has demonstrated who he is. Somehow, the delusion of Trump à la carte—take the lib-owning, take the electoral wins, but pass on all of the unsavory stuff—persists.

In an article about how Trump’s transition is “shocking the Washington establishment,” Peter Baker of The New York Times writes: “Nine years after Mr. Trump began upsetting political norms, it may be easy to underestimate just how extraordinary all of this is.” He’s right that the aberrant nature of the picks may be overlooked, as I have warned, yet it is also true that the actual unpredictability of them is overestimated.

[From the January/February 2024 issue: Trump isn’t bluffing]

On K Street, Politico reports, health-care-industry lobbyists can’t believe that Trump has nominated Robert F. Kennedy Jr. to lead the Department of Health and Human Services. They were “expecting a more conventional pick,” even though Trump emphasized Kennedy’s “Make America Healthy Again” agenda late in the campaign, and even though Kennedy said that Trump had promised him control of HHS. To be sure, Kennedy is a shocking and disturbing pick, as Benjamin Mazer and my colleague Yasmin Tayag have recently written for The Atlantic, but his nomination should not come as a surprise—especially for people whose entire business proposition is being highly paid to advise clients on how Washington actually works. (The influence peddlers reportedly hope that senators will block Kennedy. The fact that they’re still waiting for someone else to solve their problems is further evidence of how little they’ve learned, years into the Trump era.)

Meanwhile, the New York Post, a key pillar of Rupert Murdoch’s right-wing media juggernaut, is similarly jittery about the Kennedy choice. Back when Kennedy was a thorn in President Joe Biden’s side, threatening to run against him in the Democratic primary, the Post’s editorial board was all too happy to elevate him. Now the board condemns his nomination and tells us that it came out of a meeting with him last year “thinking he’s nuts on a lot of fronts.” The columnist Michael Godwin, who beamed on November 9 that Trump’s victory “offers the promise of progress on so many fronts that it already feels like Morning in America again,” was back a week later to complain that “it’s not a close call to say” that Kennedy and Matt Gaetz, Trump’s pick for attorney general, are “unfit” for the roles.

The lobbyists and editorialists are in good company, or at least in some sort of company. On Capitol Hill, Republican senators say they are shocked by many of Trump’s Cabinet picks. Senator Susan Collins of Maine, who notoriously professed surprise when Justices Neil Gorsuch and Brett Kavanaugh voted to overturn Roe v. Wade, is “shocked” at the Gaetz nomination. Gaetz’s House Republican colleagues are “stunned and disgusted.”

Reactions to Pete Hegseth’s nomination as secretary of defense are less vitriolic, if no less baffled. “Wow,” Senator Lisa Murkowski of Alaska told NBC. “I’m just surprised, because the names that I’ve heard for secretary of defense have not included him.” Senator Bill Cassidy of Louisiana was even blunter. “Who?” he said. “I just don’t know anything about him.”

[David A. Graham: The Trump believability gap]

If this is true, the senators could perhaps do with some better staff work. Hegseth was a real possibility to lead the Department of Veterans Affairs in the first Trump administration; more to the point, he was a prominent figure on Fox News, which is a dominant force in the Republican Party, from whose ranks Trump has repeatedly drawn appointees.

Staffers at the affected agencies have also expressed shock and horror at the prospect of an Attorney General Gaetz, a Defense Secretary Hegseth, or a Director of National Intelligence Tulsi Gabbard.

Ordinary Americans may also be taken aback. As I reported last month, Trump critics were concerned about a “believability gap,” in which voters opposed some of Trump’s big policy ideas, sometimes quite strongly, but just didn’t trust that he would really do those things. Although they perhaps deserve more grace than the Republican officials and power brokers who are astonished, they also had ample warning about who Trump is and how he’d govern.

Throughout his presidential campaign, Trump vowed to deport undocumented immigrants en masse. He’s appointing officials such as Stephen Miller and Tom Homan who are committed to that, and yesterday morning, Trump confirmed on Truth Social a report that he would declare a national emergency and use the military to conduct mass deportations. And yet, when the roundups start in January, many people are somehow going to be taken by surprise.

De La Soul’s Mistake and Hip-Hop’s Lost Opportunity

The Atlantic

www.theatlantic.com › books › archive › 2024 › 11 › de-la-souls-mistake-and-hip-hop-lost-opportunityi › 680690

In 1991, only one album into its career, De La Soul tried to pull off an unusually audacious move. The hip-hop trio’s 1989 debut, 3 Feet High and Rising, was a dense but accessible bricolage of dad-rock samples and flip-it-and-reverse-it nursery-rhyme syntax, establishing the group as innovators with commercial muscle. Two years later, De La Soul publicly renounced the album, dumping everything that made it an instant classic in an act of self-nullification from which the band never really recovered.

The follow-up album, De La Soul Is Dead, sounds like an insecure crew taking wild swings at perceived enemies—Vanilla Ice, MC Hammer, the West Coast gangster-rap insurgency—and missing badly. The beats are sluggish, and 3 Feet High’s sample surprises (Hall & Oates! Steely Dan!) are absent, giving the record a thin, attenuated feel. It begins inauspiciously, with a skit involving a kid finding a copy of 3 Feet High in a trash can, and falls further into dispirited score-settling. It is also entirely too long, and both jokey and humorless. And worst of all, it squanders the group’s only opportunity to chart an alternative path for hip-hop at a moment when its adversaries were poised to usurp the genre.

In High and Rising, his new book about De La Soul, the music writer Marcus J. Moore unpacks this baffling decision. De La Soul Is Dead, he argues, was a “bleak and acerbic response to the industry and the band’s mounting frustrations” with music-business chicanery, and with being told they were just one thing when they were confident that they contained multitudes. Moore is a passionate defender of De La Soul Is Dead, which he feels was misunderstood and quickly forgotten, a “ripple” crashing into the “tidal wave” of gangsta rap; N.W.A had released the subgenre’s urtext Straight Outta Compton in 1988. He’s not wrong about the timing of the record, but it is the tenor of De La Soul Is Dead—its blithe disregard for 3 Feet High, and its reactionary swipes at the competition—that didn’t sit well. It still doesn't.

3 Feet High came out of nowhere—to be more specific, from Amityville, Long Island. The 24-track gem from Kelvin “Posdnuos” Mercer, David “Trugoy the Dove” Jolicoeur, and Vincent “Maseo” Mason was conceived an hour-long train ride away from the center of New York’s hip-hop culture, and the distance was crucial; De La Soul could innovate in relative isolation. Working with the producer “Prince Paul” Hutson, the group reinvented how hip-hop was constructed, stacking samples and beats over, under, and around its intricate conversational flow, the lyrics hovering within some golden mean between fractured fairy tales and the loopy logic of P-Funk’s George Clinton. “It felt distant yet alluring,” Moore writes of the trio’s debut, “a new masterpiece from a bygone era of Black experimentation.”

[Read: The untold stories behind Hip-Hop’s greatest albums]

The album also felt like the start of something larger than the trio itself. Having found common ground with East Coast mavericks such as A Tribe Called Quest, Queen Latifah, and Jungle Brothers—artists who also fused Afrocentrism with jazzy beats and whip-smart lyrics—De La Soul brought them under their big tent. A creative collective they called Native Tongues was born. 3 Feet High’s track “Buddy” was Native Tongues’ statement of intent, a pass-the-mic celebration that included verses from Tribe’s Q-Tip and (on the remix) Queen Latifah. The video for the song, in which various members crowd the frame and joyously egg one another on, felt like the first seedling of a cultural movement.

And then, with De La Soul Is Dead, the group turned its back on the whole thing. “Here is the D.A.I.S.Y. / watching it die, see?” Posdnuos declaimed on “Pass the Plugs,” in a not-so-subtle dig at the first album’s flowery artwork and the notion of De La Soul ushering in a “Daisy Age” of comity and community. (D.A.I.S.Y. was in fact an acronym for “Da Inner Sound Y’all.” The second album cover depicted an overturned pot of limp daisies.)

The album covers, left to right, of “3 Feet High and Rising” and “De La Soul Is Dead.” (Reservoir Media)

Moore, after first chalking up the renunciation to industry frustration, throws out broader theories: The band bristled at being labeled “psychedelic rappers” in the press, and dismissed its public branding as a lure for casual hip-hop fans—in other words, white people. He develops a more layered hypothesis later on. “It’s better to last forever than to exist for a minute,” Moore writes. “De La played the long game.” By this point in the story, in the mid-’90s, the group had been cut down to the size of a cult act. But it hadn’t wanted overnight success; it had wanted a career. Moore rightly argues that, with its second album, De La Soul was trying to steer clear of the trap that has snared so many artists who have had to contend with being “held captive by the music they made as teenagers.” De La Soul Is Dead was the trio’s fast-track bid for respect as mature musicians, but it was protesting too much, too soon.

The second album sold well, but not as well as 3 Feet High, and that wasn’t entirely the group’s fault. It’s hard enough for any popular artist to pivot without shedding listeners; harder still for an act working within hip-hop, a historically conservative genre that tends to tuck its outliers into the margins. The debut had been an avant-garde record with mainstream appeal, but according to Moore, De La Soul was wise enough to know that its fresh commercial sound could quickly grow stale. So the group decided to trash it first.

However legitimate the trio’s outrage may have been, it failed to channel anger into effective art. De La Soul Is Dead took a bulldozer to the debut’s glorious garden. De La Soul’s lightness of touch was muscled aside in favor of churlish criticism of hip-hop’s new turn toward vulgarity, which for the trio was a kind of minstrelsy. But instead of flowing above the fray, De La Soul fell into the petty snipery of the scene—the big dis, the character assassination. 3 Feet High’s Day-Glo grin had twisted into a dyspeptic scowl. The group had given up the high ground, ceded the terms of the debate to its rivals. It was Dre and Snoop’s world now, and De La Soul had sunk into it.

[Read: Did the decline of sampling cause the decline of political hip-hop?]

This heel turn not only blew up the first incarnation of De La Soul; it tore apart the utopian idea that hip-hop’s balkanized turf wars could be set aside in favor of creative fellowship. The trio began to feel rudderless, and the Native Tongues went their different ways. A Tribe Called Quest created its masterpiece, 1993’s Midnight Marauders, while Queen Latifah stopped making hip-hop records after she became a crossover superstar.

Having thrown down the gauntlet at the feet of hip-hop’s stars, De La Soul tried calling a truce with 1993’s Buhloone Mindstate, an album that split the difference between goofy ebullience and acrid critique. The tracks “Ego Trippin’ (Part Two)” and “Eye Patch” hinted at a return to 3 Feet High’s technicolor schoolyard. But there was also “I Am I Be,” which, Moore writes, showed De La Soul “holding [itself] and [its] collaborators accountable for letting the [Native Tongues] collective falter due to egos.” When Posdnuos decried the “tongues who lied and said ‘We’ll be natives to the end,’” it felt like an elegy for a lost cause.

By the time De La Soul released Stakes Is High, in 1996, hip-hop had been commandeered by what Moore calls the “shiny-suit” era of Sean Combs and Notorious B.I.G., all gangster posturing and clunky, bottom-feeding beats. Stakes Is High, which featured the newcomers and future trailblazers Common and Mos Def, received tepid reviews and was largely ignored, much to the dismay of Moore, the superfan. “Quietly,” he writes, “De La reassembled their own vision of what a Native Tongues collective could look like in the ’90s with … MCs who were just kids when the first iteration took shape.” That may be so, but it takes a nation of millions to recognize a movement, and the audience had moved on.

The consignment of a promising musical coalition to oblivion was compounded by a tragic and deeply ironic debacle: The same elements that made 3 Feet High and Rising so innovative sent the album into perilous legal limbo. Because De La Soul’s label, Tommy Boy Records, hadn’t accounted for some sample clearances and the band’s contract was outdated, the album was blocked from streaming services. And so, in the 2000s, the group that had denounced its debut had to spend years trying to secure a foothold for its catalog in the digital world. That finally happened in 2023. 3 Feet High is by far De La Soul’s most streamed album, and by any standard the band’s greatest achievement. But to listen to it now, within the context of De La Soul’s oeuvre, is to be painfully reminded of the road not taken—and of how a musical revolution can be scuttled from within.

Trump’s New York Sentencing Must Proceed

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › trump-new-york-hush-money-sentencing › 680666

One of the many troubling consequences of Donald Trump’s reelection is that he will largely avoid responsibility for his conduct in his four criminal cases. No other criminal defendant in American history has had the power to shut down his own prosecution. This is an unprecedented and wrenching affront to the principle that no one is above the law.

The potential exception is the New York State case. In May, a jury found Trump guilty of 34 felony counts related to falsifying business records to cover up hush-money payments to the adult-film star Stormy Daniels prior to the 2016 election.

Justice Juan Merchan recently granted the parties’ joint request to pause the New York proceedings while both sides consider what should be done in light of Trump’s reelection. Trump’s attorneys claim that the case must be dismissed altogether to avoid “unconstitutional impediments to President Trump’s ability to govern.” Even the district attorney’s office said it wants time to consider how the court should balance the “competing interests” of the jury verdict and the needs of the office of the presidency.

Out of an abundance of caution, Merchan avoided a preelection sentencing that potentially could have influenced the election. But the election result changes nothing about the criminal case. Now that the election is over, sentencing should proceed promptly.

[Quinta Jurecic: Bye-bye, Jack Smith]

Once in office, Trump may cancel federal prosecutions of himself and his allies. He has threatened to use the Justice Department to pursue political opponents. He may seek to bend the justice system to his will in unprecedented ways. But that doesn’t mean the DA or Merchan should “obey in advance” by abandoning the jury’s verdict.

Trump’s attorneys are essentially arguing that the election wipes the slate clean, that the people have spoken and all criminal matters must be dismissed. His former attorney general William Barr made a similar point in an interview with Fox News, where he called on prosecutors to drop all the pending criminal cases. “The American people have rendered their verdict on President Trump,” Barr argued. Prosecutors, he said, should “respect the people’s decision and dismiss the cases against President Trump now.”

What nonsense. The election was not a “verdict” on Trump’s criminality. A majority of voters apparently concluded that Trump’s criminal cases were not disqualifying—just as the sexual assaults, pandemic response, efforts to overturn the last election, and many other things apparently were not disqualifying. That doesn’t mean they didn’t happen or that Trump is not legally and morally responsible.

No doubt all public-official defendants would like to be able to say that winning their next election means everyone should just forget about their alleged crimes. That’s not how our system works. An election is not a jury verdict, and winning an election doesn’t make you any less guilty.

When it comes to Trump, the New York case may be the rule of law’s last stand. As president, Trump is sure to swiftly kill off the two pending federal prosecutions—the classified-documents case in Florida and the January 6 case in D.C. He may not even need to do it himself. Special Counsel Jack Smith and the Justice Department have already begun discussing how to wind down the cases, based on the DOJ policy that a sitting president cannot be prosecuted.

Even if the current Justice Department were to attempt to keep the cases alive somehow—such as by merely agreeing to pause them until Trump is out of office in four years—the new Trump Justice Department will simply dismiss them. Trump may pardon his co-defendants and co-conspirators, and may even try to pardon himself.

Unlike with the federal cases, Trump cannot unilaterally make the state prosecutions go away. The Georgia case is currently mired in appeals over whether the DA should be disqualified for a conflict of interest. But although the Justice Department policy against prosecuting a sitting president does not bind the states, the reality is that a state will not be allowed to put a sitting president on trial. If prosecutors survive the appeals, the trial might proceed against the remaining defendants in a year or two. But any potential trial of Trump is sure, at a minimum, to be postponed until he is out of office—and who knows whether there will be any appetite to pursue the case at that point.

That leaves New York. Until he granted the most recent extension of time, Merchan was set to rule on November 12 on Trump’s claim that the Supreme Court’s decision on presidential immunity requires dismissal of his convictions. That argument is a long shot, because almost all of Trump’s relevant conduct in the case took place before he was president. And although Trump is arguing that a few items of evidence in his trial should have been barred by immunity, those claims are unlikely to derail the convictions. Assuming Merchan denies the motion to dismiss, sentencing was set for November 26—until the election results cast that into doubt.

The sentencing should go forward. The argument by Trump’s attorneys that the entire case should be dismissed based on his reelection amounts to nothing more than a claim that a president (or in this case, a president-elect) is above the law and may never be held criminally accountable. Thanks to the election results and the Supreme Court’s immunity decision, that appalling claim may often be true—but it doesn’t have to be in this case.

The defense claim that sentencing would unconstitutionally impede “Trump’s ability to govern” is laughable. Trump is not yet the president. He’s not responsible for governing anything other than his transition. A sentencing proceeding would involve a few hours in a New York courtroom—probably less time than a round of golf. He could squeeze it in.

[David A. Graham: The twisted logic of Trump’s attacks on judges]

The defense may be suggesting that if Trump were sentenced to prison, that would interfere with his duties. It’s true that a prison sentence could be problematic. If Merchan were inclined to sentence Trump to prison, he would likely stay that sentence pending appeal. Once Trump was in office, even if the convictions were affirmed, the state presumably would not be allowed to jail the sitting president.

In the unlikely event of Merchan trying to jail Trump immediately, a higher court would undoubtedly intervene. The federal courts are no more likely to allow a state to jail the president-elect than to allow a state to jail the president.

But Merchan has sentencing options short of locking up the president-elect. He could impose a fine and/or sentence Trump to probation, suspending the service of any probationary period until Trump leaves office. He could even impose a jail sentence but similarly suspend that until Trump is no longer president.

At this point, the details of the sentence are less important than the sentencing taking place. Justice requires that the criminal process be completed. The defendant has been found guilty by a jury. The next step, in the ordinary course, is for the judge to impose a sentence. That will formalize Donald Trump’s record as a convicted felon. Even if Trump ends up with no substantial sentence, that’s an important legal and historical statement.

Once he is sentenced, Trump’s attorneys may appeal his convictions. That can proceed with almost no involvement from Trump himself. The appeals process will be handled by the lawyers and will not interfere with any of his presidential duties. His convictions may be affirmed on appeal or they may be tossed out, but there’s no reason the regular criminal process can’t continue.

Although the idea was unthinkable to many of us, a criminal can be president of the United States. The people have spoken, as Trump’s attorneys and supporters would say. But just as Trump’s criminal cases did not prevent his reelection, the election should not prevent the regular criminal process in New York from concluding. This sentencing must proceed.

The Thing That Binds Gabbard, Gaetz, and Hegseth to Trump

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › why-trump-chose-gaetz-hegseth-and-gabbard-retribution › 680647

Donald Trump spent much of the 2024 presidential campaign promising to wreak vengeance on his enemies and upend the federal government. Three Cabinet picks in the past two days are starting to show what that might look like.

Since last night, Trump has announced plans to nominate Pete Hegseth for secretary of defense, Tulsi Gabbard for director of national intelligence, and Matt Gaetz for attorney general. On the face of it, the trio seem to possess little in common except having scant qualification on paper for the jobs he wants them to fill. (Gabbard and Gaetz are also widely disliked by members of the respective parties in which they served in the U.S. House.)

Consider where all three were nine years ago. Hegseth was an Iraq and Afghanistan veteran serving in the Army Reserve, backing Marco Rubio for president from his relatively new perch as a Fox News commentator. Gabbard was a Democratic representative from Hawaii and the vice chair of the Democratic National Committee; she’d resign the next year to back Senator Bernie Sanders’s run for president. Gaetz was a little-known representative in the Florida state House, with plans to run for his dad’s state Senate seat in 2016. Even today, none of them share an ideology: Hegseth is a culture warrior, Gaetz a libertine with an unusual mix of political views, and Gabbard an ostensible dove with her own strange commitments.

[Read: Matt Gaetz is winning]

What brings them together is not just fidelity to Trump, but a shared sense of having been persecuted by the departments they’ve been nominated to lead. It’s what they share with Trump as well as one another, and it’s their main credential to serve under him.

After the January 6, 2021, riot at the Capitol, Hegseth defended the rioters on Fox News. “These are not conspiracy theorists motivated just by lies—that’s a bunch of nonsense that people want to tell us,” he said. “These are people that understand first principles; they love freedom, and they love free markets.” Two weeks later, the National Guard said it had removed 12 members from duty on the day of Joe Biden’s inauguration because of worries about extremist groups.

By his own account, Hegseth was one of the dozen. He said a tattoo of a Jerusalem cross had gotten him flagged. He soon left the military, then wrote a book attacking the military as a bastion of “wokeness” and decay. “The feeling was mutual—I didn’t want this Army anymore either,” he wrote. He’s remained a loud critic of Pentagon brass, including suggesting that General C. Q. Brown, the chairman of the Joint Chiefs of Staff, is in his role only because he is Black.

[Tom Nichols: The loyalists are collecting their rewards in Trump’s Cabinet]

Gabbard seems like an odd choice for DNI, a role created after 9/11 to try to solve problems of siloed information between intelligence agencies. Though a veteran and former representative, she has no clear interest in intelligence and did not serve on the House Intelligence Committee. She does, however, have a grudge against the intelligence community. She says that this summer, she was placed on a watch list for domestic terrorism, resulting in frequent extra screening at airports. Gabbard says she believes this is because of criticism of Vice President Kamala Harris. Confirming any of this is impossible, because the watch lists really are a civil-liberties nightmare: They are not public, the reasons anyone gets on them are opaque, and the process for challenging them is enigmatic.

Gaetz is somehow an even more improbable pick to be the nation’s chief law-enforcement officer than Gabbard is for DNI. He has extensive experience with law enforcement, but generally he’s been the suspect. In 2008, he was pulled over for speeding and suspected of driving drunk, but he refused a Breathalyzer test and charges were dropped. Court papers have alleged that Gaetz attended drug- and sex-fueled parties involving underage girls, which Gaetz denies. He’s currently being investigated by the House Ethics Committee for a variety of alleged offenses. (My colleague Elaine Godfrey reported that Gaetz has shown videos of naked women to colleagues; Gaetz was a leading opponent of a revenge-porn law in the Florida legislature.) 

More to the point, Gaetz was also the subject of a lengthy Justice Department probe into possible sex-trafficking. A top Trump aide told the House January 6 committee that Gaetz had sought a pardon from Trump at the close of his first presidency. After years of investigation, the DOJ informed Gaetz’s lawyers in 2023 that he would not be charged. The experience left Gaetz furious at the Justice Department.

[David A. Graham: The terminally online are in charge now]

What each of these appointments would offer, if the nominees are confirmed, is a chance to get their revenge on the people they feel have done them wrong. Whether they can get confirmed will be a good test of just how acquiescent the GOP Senate, under incoming Majority Leader John Thune, will be to Trump’s agenda.

Hegseth would be the least traditionally qualified nominee to lead the Defense Department in memory; it’s a sprawling bureaucracy, and he has no experience with it except as a low-ranking officer. But Hegseth is personally well liked and already collecting support from powerful Republicans. Gabbard’s past record of criticizing Republicans may raise some eyebrows, though she has become a loyal member of Trump’s inner circle. Gaetz will be the biggest test, in part because many Republicans personally despise him, and because the probes into him make him radioactive. (Perhaps these nominees are why Trump has so avidly demanded recess-appointment power.)

If Trump can get Hegseth, Gabbard, and Gaetz confirmed, he’ll be on the way to the retribution he promised. And if any of them falls, he’s still made his intentions crystal clear.

The Paradox of the Trump Nostalgia Vote

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › trump-voters-stability-chaos › 680635

The central contradiction of Donald Trump’s reelection is this: He owes his victory to the fact that millions of voters appear to have seen him as the stability candidate who would usher in a return to pre-COVID normalcy. But he has put forward a second-term agenda that would be far more radical and disruptive than anything he accomplished while in office.

To much of the country, the notion of Trump as the return-to-normal candidate is laughable. His first term involved two impeachments, intense national protests, a flailing pandemic response, and, as a capstone, a violent attempt to defy the results of the 2020 election. But many voters, perhaps most, see things differently in retrospect. In a New York Times poll conducted toward the end of Trump’s first term, just 39 percent of voters said that the country had been better off since he took office; in a version of the poll conducted in April of this year, nearly 50 percent did. An NBC poll conducted weeks before last Tuesday’s election similarly found that a plurality of voters believed that Trump’s policies had helped their families and that Biden’s had hurt them.

In 2016, Trump voters wanted change—disruptive, confrontational change—and believed that their man would deliver it. They described Trump as a “middle finger” to the establishment and “a wrecking ball” aimed at the status quo. Eight years later, voters once again overwhelmingly said they want change, but the kind of change was very different: a reversion to the perceived better times of the first Trump administration, before inflation and a border crisis took hold under Joe Biden. “In my assessment of the dynamics of this election, what I see and hear is an electorate that seems to be craving stability in the economy, in their finances, at the border, in their schools and in the world,” the Republican pollster Kristen Soltis Anderson wrote last year, summarizing the findings of her frequent focus-group discussions. Trump seized on this dynamic, encouraging voters to remember how good they had it when he was in office.  

[Annie Lowrey: Voters wanted lower prices at any cost]

“Less than four years ago our border was secure, inflation was nowhere to be seen, the world was at peace, and America was strong and respected,” he declared at a rally earlier this year.

Even as Trump promised a return to happier times, however, he campaigned on an agenda that seems bound to generate conflict and chaos. His promise to carry out the “largest deportation effort in American history” would involve law-enforcement raids at workplaces and homes across the country. His plan to purge the federal government of insufficiently loyal bureaucrats would leave agencies struggling to carry out their basic tasks. His proposal to impose heavy tariffs on all imports would raise consumer prices and could trigger a series of retaliatory trade wars. Some of his ideas, such as directing the Department of Justice to go after his political opponents and inviting the nation’s most prominent vaccine skeptic to help set federal health policy, depart so flagrantly from established political norms that the consequences are impossible to predict. Given all that, how did Trump win over so many voters who just want things to go back to normal?

One answer is that even Trump’s own voters don’t think he’ll act on many of his proposals. As my colleague David A. Graham wrote last month, “Trump exists in a strange zone where voters hear what he’s saying and then largely discount it, perhaps as a result of his past dissembling, or perhaps because the ideas just seem too extreme to be real.” In one poll taken right before the election, just two-thirds of his supporters said the former president was “serious” about mass deportations; only 38 percent and 21 percent, respectively, said the same about using the military against U.S. citizens and prosecuting his political opponents, both of which Trump has said he would do. When asked why they don’t take Trump’s proposals seriously, voters tend to give the same answer: The media made many similar warnings last time, heading into Trump’s first term, and things never got all that bad. The economy kept humming; the Affordable Care Act never got repealed; the U.S. didn’t get into any major wars.

It’s true that the most dire predictions for the first Trump presidency never materialized. But there’s a very specific reason for that: The institutions and people surrounding Trump prevented him from acting on his worst impulses. The courts struck down more than 70 of Trump’s policies in his first three years alone. The ACA was narrowly saved by a handful of moderate Republicans, most prominently John McCain. Trump’s own vice president refused to negate the 2020 election results. Trump’s staffers repeatedly thwarted his more bizarre ideas and musings. “Everyone at this point ignores what the president says and just does their job,” a senior national-security official told CNN’s Jake Tapper in 2019.

[Daniel Block: The Democrats’ Senate nightmare is only beginning]

In this sense, the “deep state” that Trump blames for his problems deserves some of the credit for his reelection. The limited damage of Trump’s first term reflected an entire apparatus of staffers, civil servants, and institutions that prevented him from doing everything he wanted to do.

Things will likely be different this time. The Supreme Court recently held that presidents are immune from prosecution for anything that qualifies as an “official act,” which it hinted is a broad category. The Republican congressional caucus has mostly purged itself of anyone willing to defy Trump. And Trump’s inner circle is focused on staffing the government with loyalists. The guardrails are largely gone.

“I will govern by a simple motto,” Trump proclaimed in his victory speech last week: “Promises made, promises kept.” Americans often fault politicians for not keeping their word. Swing voters who opted to give Trump a second chance might soon find themselves raising the opposite complaint.

The Cases Against Trump: A Guide

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › donald-trump-legal-cases-charges › 675531

The first former president to be convicted of a felony is now also the first convicted felon to be elected as president.

Donald Trump won reelection on November 5, paving the way for his return to the White House—as well as the end or postponement of the criminal cases against him. The extent to which those cases also paved the way for his return to the White House will be a topic for years of debate. One plausible argument is that the sense that Trump was being persecuted strengthened his support; another is that the failure to bring cases sooner and finish them deprived voters of complete information. Both may be true.

In any event, the discussion is moving from the legal to the political because the legal side seems to have reached a dead end. Special Counsel Jack Smith and the Justice Department are expected to end the cases against him related to attempting to subvert the 2020 election and hoarding classified documents at Mar-a-Lago, neither of which has made it to trial. The documents case, long considered the most straightforward, was bottled up by a Trump-appointed judge on dubious procedural grounds. The election-subversion case took a detour to the Supreme Court, where a conservative majority ran down the clock before ruling that a president has very broad immunity for most acts done as president; the lower court hearing the case only recently got back on track, but on November 8, Smith asked the judge to pause the case, citing Trump’s victory.

But now, given that DOJ guidance says a sitting president can’t be tried, and that Trump has promised to fire Smith and immediately dismiss the cases anyway, the two federal cases are likely to wind down. An election-subversion case in Fulton County, Georgia, is effectively frozen already amid challenges to the prosecutor’s handling of the case. Trump has been convicted but not sentenced in New York State related to hush money paid to the adult film actor Stormy Daniels, and sentencing in that case may never happen, either.

If the failure to swiftly prosecute Trump enabled his election, then, his election seems to guarantee that he will never face accountability for the acts he committed, including those for which he has already been convicted of 34 felonies.

What follows is a summary of the major legal cases against Trump, assessments of the gravity of the charges, and the prognosis. This guide will be updated as necessary.

New York State: Fraud

In the fall of 2022, New York Attorney General Letitia James filed a civil suit against Trump, his adult sons, and his former aide Allen Weisselberg, alleging a years-long scheme in which Trump fraudulently reported the value of properties in order to either lower his tax bill or improve the terms of his loans, all with an eye toward inflating his net worth.

When?
Justice Arthur Engoron ruled on February 16 that Trump must pay $355 million plus interest, the calculated size of his ill-gotten gains from fraud. The judge had previously ruled against Trump and his co-defendants in late September 2023, concluding that many of the defendants’ claims were “clearly” fraudulent—so clearly that he didn’t need a trial to hear them.

How grave was the allegation?
Fraud is fraud, and in this case, the sum of the fraud stretched into the hundreds of millions—but compared with some of the other legal matters in which Trump is embroiled, this is a little pedestrian. The case was also civil rather than criminal. But although the stakes are lower for the nation, they remain high for Trump: The size of the penalty appears to be larger than Trump can easily pay, and he also faces a three-year ban on operating his company.

What happens now?
On March 25, the day he was supposed to post bond, an appeals court reduced the amount he must post from more than $464 million to $175 million. Trump has appealed the case. In a September hearing, New York appeals-court judges seemed skeptical of the case against Trump and sympathetic to his arguments. They have not yet ruled.

Manhattan: Defamation and Sexual Assault

Although these other cases are all brought by government entities, Trump also faced a pair of defamation suits from the writer E. Jean Carroll, who said that Trump sexually assaulted her in a department-store dressing room in the 1990s. When he denied it, she sued him for defamation and later added a battery claim.

When?
In May 2023, a jury concluded that Trump had sexually assaulted and defamed Carroll, and awarded her $5 million. A second defamation case produced an $83.3 million judgment in January 2024.

How grave was the allegation?
Although these cases didn’t directly connect to the same fundamental issues of rule of law and democratic governance that some of the criminal cases do, they were a serious matter, and a federal judge’s blunt statement that Trump raped Carroll has gone underappreciated.

What happens now?
Trump has appealed both cases, and he posted bond for the $83.3 million in March.

Manhattan: Hush Money

In March 2023, Manhattan District Attorney Alvin Bragg became the first prosecutor to bring felony charges against Trump, alleging that the former president falsified business records as part of a scheme to pay hush money to women who said they’d had sexual relationships with Trump.

When?
The trial began on April 15 and ended with a May 30 conviction. A judge is scheduled to rule September 16 on whether the U.S. Supreme Court’s decision on presidential immunity invalidates the case. On September 6, he announced that he was postponing sentencing to avoid interfering with the election.

How grave was the allegation?
Many people have analogized this case to Al Capone’s conviction on tax evasion: It’s not that he didn’t deserve it, but it wasn’t really why he was an infamous villain. Trump did deserve it, and he’s now a convicted felon. Moreover, although the charges were about falsifying records, those records were falsified to keep information from the public as it voted in the 2016 election. It was among the first of Trump’s many attacks on fair elections. (His two impeachments were also for efforts to undermine the electoral process.) If at times this case felt more minor compared with the election-subversion or classified-documents cases, it’s because those other cases have set a grossly high standard for what constitutes gravity.

What happens now?
Sentencing was scheduled for November 26, but with Trump now in the middle of a presidential transition, some observers expect that Justice Juan Merchan will either postpone sentencing or even forgo a sentence altogether.

Department of Justice: Mar-a-Lago Documents

Special Counsel Jack Smith charged Trump with 37 felonies in connection with his removal of documents from the White House when he left office, but Judge Aileen Cannon has dismissed the case, finding that Smith’s appointment was not constitutional. Smith has appealed. The charges included willful retention of national-security information, obstruction of justice, withholding of documents, and false statements. Trump took boxes of documents to properties, where they were stored haphazardly, but the indictment centered on his refusal to give them back to the government despite repeated requests.

[David A. Graham: This indictment is different]

When?
Smith filed charges in June 2023. On July 15, 2024, Cannon dismissed the charges. Smith appealed that dismissal on August 26.

How grave is the allegation?
These are, I have written, the stupidest crimes imaginable, but they are nevertheless very serious. Protecting the nation’s secrets is one of the greatest responsibilities of any public official with classified clearance, and not only did Trump put these documents at risk, but he also (allegedly) refused to comply with a subpoena, tried to hide the documents, and lied to the government through his attorneys.

How plausible is a guilty verdict?
Vanishingly unlikely. Smith and the Justice Department are reportedly working on winding down the case now, both because Trump would quash it on his first day in office and also because long-standing guidance says a sitting president cannot be prosecuted. This once looked to be the most open-and-shut case: The facts and legal theory here are pretty straightforward. But Smith drew a short straw when he was randomly assigned Cannon, a Trump appointee who repeatedly ruled favorably for Trump and bogged the case down in endless pretrial arguments. Even before her dismissal of the case, some legal commentators accused her of “sabotaging” it.

Fulton County: Election Subversion

In Fulton County, Georgia, which includes most of Atlanta, District Attorney Fani Willis brought a huge racketeering case against Trump and 18 others, alleging a conspiracy that spread across weeks and states with the aim of stealing the 2020 election.

When?
Willis obtained the indictment in August 2023. The number of people charged makes the case unwieldy and difficult to track. Several of them, including Kenneth Chesebro, Sidney Powell, and Jenna Ellis, struck plea deals in the fall. Because a challenge to Willis’s presence on the case isn’t going to be heard until December, the case will not begin before the election.

How grave is the allegation?
More than any other case, this one attempts to reckon with the full breadth of the assault on democracy following the 2020 election.

How plausible is a guilty verdict?
Trump’s election casts even more uncertainty over an already murky future. This is a huge case for a local prosecutor, even in a county as large as Fulton, to bring. The racketeering law allows Willis to sweep in a great deal of material, and she has some strong evidence—such as a call in which Trump asked Georgia Secretary of State Brad Raffensperger to “find” some 11,000 votes. Three major plea deals from co-defendants may also ease Willis’s path, but getting a jury to convict Trump will still be a challenge. A judge on September 12 tossed three counts as outside state jurisdiction, and dismissed several other but said the state can refile them with more detail. The case has also been hurt by the revelation of a romantic relationship between Willis and an attorney she hired as a special prosecutor. On March 15, Judge Scott McAfee declined to throw out the indictment, but he sharply castigated Willis. Trump’s victory may result in the case being frozen indefinitely.

Department of Justice: Election Subversion

Special Counsel Smith has also charged Trump with four federal felonies in connection with his attempt to remain in power after losing the 2020 election. This case is in court in Washington, D.C.

When?
A grand jury indicted Trump on August 1, 2023. The trial was originally scheduled for March but was frozen while the Supreme Court mulled whether the former president should be immune to prosecution. On July 1, 2024, the justices ruled that a president is immune from prosecution for official but not unofficial acts, finding that some of Trump’s postelection actions were official and sending the case back to the trial court to determine others. Smith obtained a new indictment on August 27, which retains the same four felony charges but omits references to corrupting the Justice Department. On November 8, Smith asked the trial-court judge to pause the case because of the “unprecedented circumstance” of Trump’s reelection.

[David A. Graham: Trump attempted a brazen, dead-serious attack on American democracy]

How grave is the allegation?
This case rivals the Fulton County one in importance. It is narrower, focusing just on Trump and a few key elements of the paperwork coup, but the symbolic weight of the U.S. Justice Department prosecuting an attempt to subvert the American election system is heavy.

How plausible is a guilty verdict?
It’s not happening, folks.

Additionally …

Once upon a time, cases were filed in more than 30 states over whether Trump could even appear on the 2024 ballot under a novel legal theory about the Fourteenth Amendment. Proponents, including J. Michael Luttig and Laurence H. Tribe in The Atlantic, argued that the former president was ineligible to serve again under a clause that disqualifies anyone who took an oath defending the Constitution and then subsequently participated in a rebellion or an insurrection. They said that Trump’s attempt to steal the 2020 election and his incitement of the January 6 riot meet the criteria.

The Supreme Court conclusively disagreed. The justices ruled unanimously on March 4 that states could not remove Trump from the ballot, and appear on the ballot he did. Trump is set to be sworn in as the 47th president on January 20, 2025.

The Strange History Behind the Anti-Semitic Dutch Soccer Attacks

The Atlantic

www.theatlantic.com › culture › archive › 2024 › 11 › jewish-history-behind-dutch-soccer-attacks › 680601

Among the bizarrest phenomena in the world of sports is Ajax, the most accomplished club in the storied history of Dutch soccer. Its fans—blond-haired men with beer guts, boys with blue eyes—sing “Hava Nagila” as they cram into the trams taking them to the stadium on the fringes of Amsterdam. Ajax fans tattoo the Star of David onto their forearms. In the moments before the opening kick of a match, they proudly shout at the top of their lungs, “Jews, Jews, Jews,” because—though most of them are not Jewish—philo-Semitism is part of their identity.   

Last night, the club that describes itself as Jewish played against a club of actual Jews, Maccabi Tel Aviv. As Israeli fans left the stadium, after their club suffered a thumping defeat, they were ambushed by well-organized groups of thugs, in what the mayor of Amsterdam described as “anti-Semitic hit-and-run squads.” What followed was a textbook example of a pogrom: mobs chasing Jews down city streets, goons punching and kicking Jews crouched helplessly in corners, an orgy of hate-filled violence.

That this attack transpired on the streets of Amsterdam is beyond ironic. At least 75 percent of Dutch Jews died in the Holocaust. But there was an affectionate Yiddish nickname for the city: mokum, “safe place.” After the Spanish Inquisition, Holland absorbed Iberian Jewry, which flourished there. Amsterdam was the city that hid Anne Frank, the most famous example of righteous Gentiles taking risks on behalf of Jewish neighbors. And then there was Ajax.

In the 1950s and ’60s, the few remaining survivors of the Holocaust in the city supported the team, as they had before the war. No Dutch club had a larger Jewish fan base, because no Dutch city was as Jewish as Amsterdam. They were supporting a club on the brink of glory. Ajax reinvented the global game by introducing a strategic paradigm called total football, a free-flowing style of play that exuded the let-loose spirit of the ’60s. Led by the genius Johan Cruyff, perhaps the most creative player in the history of the game, Ajax became an unexpected European powerhouse.

During those glorious postwar years, Ajax had two Jewish players; three of the club’s presidents were Jews. Before games, the team would order a kosher salami for good luck. Yiddish phrases were part of locker-room banter. In Brilliant Orange, David Winner’s extraordinary book about Dutch soccer, Ajax’s (Jewish) physiotherapist is quoted as saying the players “liked to be Jewish even though they weren’t.” It isn’t hard to see the psychology at work. By embracing Yiddishkeit, Ajax players and fans were telling themselves a soothing story: Their parents might have been Nazi collaborators and bystanders to evil, but they weren’t.

[Jeffrey Goldberg: Is it time for the Jews to leave Europe?]

Israelis took great pleasure in Ajax’s affiliation, and they especially revered Cruyff. His family had Jewish relatives—a connection he honored on a trip to Jerusalem’s Holocaust memorial, Yad Vashem. It was said that he once walked down the streets of Tel Aviv wearing a kippah, and was a devoted fan of the writer Isaac Bashevis Singer. Israelis embraced Cruyff as one of their own.

But Ajax’s rival clubs exploited this history, this strange identity, to taunt its players and fans with anti-Semitic bile. Among the common chants deployed at Ajax games: “Hamas, Hamas, Jews to the gas.” To taunt Ajax, these fans would make the hissing noise, mimicking the release of Zyklon B. Dutch authorities never effectively cracked down on this omnipresent Jew hatred.

Philo-Semitism and anti-Semitism went hand in hand during the postwar years. It wasn’t so different from the way that American sports franchises turned Indigenous tribes into mascots. Only after Jews or Native Americans have been wiped out by genocide can they become vehicles for the majority population to have some fun at the murdered group’s expense. And behind even Ajax’s nominal expressions of love, there was something profoundly disturbing: Jews barely existed in Holland, yet they remained an outsize obsession.

After videos of the violence emerged from Amsterdam in various media outlets, there could be no denying the global surge of anti-Semitism. But a swath of the press—and an even larger swath of social media—has minimized the assault, sometimes unintentionally. Some headlines described the anti-Semitic nature of the assaults in quotation marks, despite all the conclusive evidence about the motive of the mob. Because some of the Israeli fans ripped Palestinian flags off buildings and chanted bigoted slogans, it was implied, the mob was justified in stabbing and beating Jews. Such widespread ambivalence over the attack reflects a culture that shrugs in the face of anti-Jewish violence, which treats it as an unavoidable facet of life after October 7.

But the most bitter fact of all is that these assaults transpired the same evening that the Dutch commemorated the 86th anniversary of Kristallnacht. In the presence of actual Jews, the Dutch failed them again.

Taxonomy of the Trump Bro

The Atlantic

www.theatlantic.com › newsletters › archive › 2024 › 11 › taxonomy-of-the-trump-bro › 680608

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The MAGA hats were flying like Frisbees. It was two weeks before Election Day. Charlie Kirk, the Millennial right-wing influencer, had been touring college campuses. On this particular Tuesday, he’d brought his provocations to the University of Georgia. Athens, where the school’s main campus is located, is an artsy town in a reliably blue county, with a famed alternative-music scene. (R.E.M., the B-52s, and Neutral Milk Hotel are among the many bands in the city’s lore.) But that afternoon, the courtyard outside the student center was a sea of red, with thunderous “U-S-A!” chants echoing off the buildings. Kirk had arrived on a mission: to pump up Gen Z about the return of Donald Trump. He was succeeding.

I was standing in the back of the crowd, watching hundreds of young guys with their arms outstretched, hollering for MAGA merch. Once a stigmatized cultural artifact, the red cap is now a status symbol. For a certain kind of bro, MAGA is bigger than politics. MAGA makes you manly.

MAGA, as this week affirmed, is also not an aberration. At its core, it remains a patriarchal club, but it cannot be brushed off as a passing freak show or a niche political sect. Donald Trump triumphed in the Electoral College, and when all the votes are counted, he will likely have captured the popular vote as well. Although it’s true that MAGA keeps growing more powerful, the reality is that it’s been part of mainstream culture for a while. Millions of Americans, particularly those who live on the coasts, have simply chosen to believe otherwise.

Democrats are performing all manner of autopsies, finger-pointing, and recriminations after Kamala Harris’s defeat. Many political trends will continue to undergo examination, especially the pronounced shift of Latino voters toward Trump. But among all the demographic findings is this particular and fascinating one: Young men are more conservative than they used to be. One analysis of ​​AP VoteCast data, for instance, showed that 56 percent of men ages 18–29 supported Trump this year, up 15 points from 2020.

Depending on where you live and with whom you interact, Trump’s success with young men in Tuesday’s election may have come as a shock. But the signs were there all along. Today, the top three U.S. podcasts on Spotify are The Joe Rogan Experience, The Tucker Carlson Show, and The Charlie Kirk Show. All three hosts endorsed Trump for president. These programs and their massive audiences transcend the narrow realm of politics. Together, they are male-voice megaphones in a metastasizing movement across America. In 2023, Steve Bannon described this coalition to me as “the Tucker-Rogan-Elon-Bannon-combo-platter right.” Trump has many people to thank for his victory—among them men, and especially young men with their AirPods in.

Trump can often be a repetitive bore when speaking in public, but one of his more interesting interviews this year was a conversation with dude-philosopher Theo Von. As my colleague Helen Lewis wrote, Trump’s “discussion of drug and alcohol addiction on Theo Von’s This Past Weekend podcast demonstrated perhaps the most interest Trump has ever shown in another human being.” (Trump’s older brother, Fred Trump Jr., died of complications from alcoholism at the age of 42.) Similarly, five days before the election, Trump took the stage with Carlson for a live one-on-one interview. The two bro’d out in an arena near Phoenix, and that night, Trump was especially freewheeling—and uncharacteristically reflective about the movement he leads. (Trump looks poised to win Arizona after losing it in 2020.)

It’s not just one type of talkative bro who has boosted Trump and made him more palatable to the average American. Trump has steadily assembled a crew of extremely influential and successful men who are loyal to him. Carlson is the preppy debate-club bro. Rogan is the stoner bro. Elon Musk is the tech bro. Bill Ackman is the finance bro. Jason Aldean is the country-music bro. Harrison Butker is the NFL bro. Robert F. Kennedy Jr. is the crunchy-conspiracist bro. Hulk Hogan is the throwback entertainer bro. Kid Rock is the “American Bad Ass” bro. And that’s hardly an exhaustive list. Each of these bros brings his own bro-y fandom to the MAGA movement and helps, in his own way, to legitimize Trump and whitewash his misdeeds. Some of these men, such as Kennedy and Musk, may even play a role in the coming administration.

My colleague Spencer Kornhaber wrote this week that Democrats are losing the culture war. He’s right, but Trumpism extends even beyond politics and pop culture. I’ve been thinking a lot about that day I spent at the University of Georgia. Students I spoke with told me that some frat houses off campus make no secret of their Trump support, but it seemed less about specific policies and more about attitude. That’s long been the open secret to Trump: a feeling, a vibe, not a statistic. Even Kirk’s “free speech” exercises, which he’s staged at colleges nationwide for a while now, are only nominally about actual political debate. In essence, they are public performances that boil down to four words: Come at me, bro! Perhaps there is something in all of this that is less about fighting and more about acceptance—especially in a culture that treats bro as a pejorative.

These Trump bros do not all deserve sympathy. But there’s good reason to try to actually understand this particular voting bloc, and why so many men were—and are—ready to go along with Trump.

Related:

Why Democrats are losing the culture war The right’s new kingmaker

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A federal judge granted Special Counsel Jack Smith’s request to pause the election-subversion case against Trump after his presidential victory. The Department of Justice charged three men connected to a foiled Iranian assassination plot against Trump. Trump named his senior campaign adviser Susie Wiles as his White House chief of staff. She will be the first woman to hold the role.

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Evening Read

Illustration by Paul Spella / The Atlantic. Source: Getty.

The Strange History Behind the Anti-Semitic Dutch Soccer Attacks

By Franklin Foer

Among the bizarrest phenomena in the world of sports is Ajax, the most accomplished club in the storied history of Dutch soccer … Ajax fans tattoo the Star of David onto their forearms. In the moments before the opening kick of a match, they proudly shout at the top of their lungs, “Jews, Jews, Jews,” because—though most of them are not Jewish—philo-Semitism is part of their identity.

Last night, the club that describes itself as Jewish played against a club of actual Jews, Maccabi Tel Aviv. As Israeli fans left the stadium, after their club suffered a thumping defeat, they were ambushed by well-organized groups of thugs, in what the mayor of Amsterdam described as “anti-Semitic hit-and-run squads.”

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Stephanie Bai contributed to this newsletter.

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