This story was originally published by the Guardian and is reproduced here as
part of the Climate Desk collaboration.
For a moment, Jacob Hannah saw an unprecedented opportunity to make Appalachia
great again.
In 2022, the Biden administration earmarked billions of dollars to help
revitalize and strengthen former coal communities. The objective was to lay down
building blocks for the region to transition from extractive industries like
coal and timber to a hub for solar and other advanced energy technologies, with
a view to long-term economic, climate and social resilience.
But on his first day in office, Donald Trump scrapped Biden’s clean energy and
environmental programs, which he lambasted as woke, anti-American, liberal
hoaxes.
“We knew we were living in a historic moment, not just because of the amount of
funding, but because the whole region mobilized to meet the moment,” said
Hannah, 33. “It was a once-in-a-generation cash injection designed to prioritize
extraction-based communities as part of the energy transition, which for the
first time in almost a century made Appalachia very competitive. So to have it
all taken away is deeply damaging and demoralizing.”
Hannah, a fifth-generation Appalachian with a bushy beard and signature
wide-brimmed hat, has been crisscrossing the country on a mission to raise
philanthropic capital to limit the economic damage caused by the Trump
administration taking a chainsaw to Biden-era grants.
Hannah runs Coalfield Development, a nonprofit organization headquartered in
Huntington, focused on rebuilding Southwest Virginia’s economy and social fabric
through workforce training, job creation, and revitalizing abandoned buildings
and mines in some of the most forgotten corners of coal country.
People shop at the Wild Ramp, a nonprofit local farmers’ market.Michael
Swensen/The Guardian
Coalfield Development has trained more than 4,000 people—including many formerly
incarcerated and/or in addiction recovery—over the past 15 years in everything
from solar installation to drywalling and first aid. Yet, historically, federal
grants for community regeneration efforts in Appalachia have been mostly
top-down, project-based and short-lived.
The 2022 cash injection came through the Inflation Reduction Act (IRA), Biden’s
landmark climate and infrastructure legislation, and was designed to help
revitalize and strengthen former coal communities over the long haul.
> “These are not frivolous things: these are basic services.”
It was the largest investment in Appalachia since the 1960s’ “war on poverty”
under Lyndon Johnson.
In response, Coalfield Development spearheaded a coalition of universities,
unions, nonprofits, businesses, and local governments to create collective
infrastructure and capacity, enabling coal-affected rural communities across the
US access to more than $900 million of the historic IRA investment.
Rural communities in Appalachia were on the verge of breaking ground on projects
when the grants were paused or terminated by the so-called Department of
Government Efficiency (DOGE), led by the billionaire Trump donor Elon Musk. The
wholesale cull included the $3 billion Environmental and Climate Justice Program
created in the IRA to tackle the climate crisis and environmental harms at a
local level.
A few grants have since been reinstated, but are subject to long delays—in part
because so many staff at federal agencies were forced out by DOGE. Many remain
the subject of litigation. Every single grant Coalfield Development was helping
coordinate has been affected in some way.
Kalob Smith removes mud from the tracks of an excavator. Michael Swensen/The
Guardian
The cuts have deepened existing mistrust in government, known colloquially as
Appalachian fatalism, yet many of those interviewed by the Guardian blame
Washington politics generally rather than Trump.
“This party has taken away that funding from Appalachia illegally: That’s the
stone-cold fact. But by the time those facts reach communities on the ground,
it’s just so muddy. I think some are asking questions about why training is
being shut down and why they didn’t get their SNAP [food assistance] benefits,
but where they’ll find the answers is the big issue,” said Hannah.
Huntington, the second largest city in West Virginia with 45,000 residents, was
perhaps a perfect place to build a coalition for the massive IRA investment
across coal country. Located on the Ohio river, it was once a major
transportation hub for the region’s coalfields, but suffered major economic and
social decline as the surrounding mines shut down—and then became an epicenter
of the opioid epidemic.
It sits at the heart of the Bible belt, which once voted loyally with Democrats
but like many blue-collar regions is now part of the loyal MAGA base who
believed Trump when he pledged to resuscitate coal country and put America
first.
Trump has won big in West Virginia in the past three general elections, securing
every county in 2024 with an average of 70 percent of the vote—the highest
percentage any party has won in the state’s history. His vote share was even
larger in rural counties including Clay and Wayne, which Huntington straddles.
The Guardian’s visit coincided with the Democrats drubbing the Republicans in
several state elections—including the governor’s race in Virginia.
It was also five weeks into the government shutdown, just days after the Trump
administration announced that millions of Americans would not receive food
stamps and Tesla shareholders approved a trillion-dollar pay package for Musk.
The damage caused by Trump’s dismantling of Biden-era programs was visible all
around Coalfield Development’s redbrick office, which is located in a former
manufacturing hub between the rail tracks and the river.
Next door, a multimillion-dollar redevelopment of a sprawling industrial site
known as the Black Diamond warehouse has stalled—at first due to grant
suspensions and more recently due to the federal shutdown slowing down payments.
Coalfield Development is still waiting for close to $3 million in overdue
reimbursements.
An empty lot in Huntington, West Virginia. Michael Swensen/The Guardian
The warehouse, which once manufactured military planes, jeeps, and coal trains,
is being repurposed as a hub for sustainable industries and training. But all
six EPA grants for Reuse Corridor, a new social enterprise to salvage and
repurpose mattresses, electronics, and other materials frequently dumped in the
Ohio River, were cut, effectively killing the business and with it countless job
opportunities.
Meanwhile, Solar Holler, a solar developer and installation company with 105
employees across Kentucky, West Virginia, Ohio, and Virginia, signed up for a
new office in the warehouse as the business had been growing 20 percent to 30
percent annually.
But tax incentives for residential solar, which accounted for 70 percent of the
company’s business, will be axed at the end of this year thanks to Trump’s “big,
beautiful” budget. Commercial tax breaks will end in late 2027.
Solar Holler uses panels made in Georgia, yet Trump’s tariffs and other trade
restrictions have caused supply chain delays and pushed up raw material prices
across the board, as well as almost doubling the cost of solar energy on the
market. The company’s forecast for 2026 is down from 30 percent to “roughly
flat.”
“The massive increase in costs ends up being passed down to customers,” said Dan
Conant, founder and CEO of Solar Holler. “The IRA rollbacks are obviously
disappointing but that said, no matter how hard you make it on the ground for
people, solar is the cheapest form of power on the planet so it’s going to
happen one way or the other.”
Appalachian Voices is a nonprofit working with local communities—and in
Washington, DC—on securing a just energy transition. In 2023, AV, which is part
of the broader coalition with Coalfield Development, was awarded a
half-million-dollar EPA grant to help five former coal communities in Virginia
increasingly being hit by severe floods thanks to the climate crisis and the
environmental legacy of mining.
The grant was among those summarily terminated by DOGE. It remains the subject
of class-action litigation brought by 350 groups, tribes, and local
governments that claim the wholesale termination of the $3 billion environmental
justice and climate program is unconstitutional.
> “I don’t think people know who or what to trust, because both [political]
> parties have failed us in big ways.”
In Lee county, where 85 percent of voters opted for Trump and almost half rely
on food stamps, AV had earmarked $40,000 for an asbestos survey in Pennington
Gap. This was among a stack of grants secured by the community to demolish a
derelict supermarket—a concrete, asbestos-ridden eyesore that frequently floods
and cuts off neighborhoods from the main town—to create a green space that would
mitigate future flooding.
For small communities such as Pennington Gap, securing funding for
revitalization projects is like a game of Jenga, and removing just one or two
pieces can make the whole stack collapse, according to Emma Kelly, AV’s New
Economy program manager. “People in Appalachia are used to being let down by the
government, but this time we had the money. It was still taken away, and people
feel betrayed.”
A Department of Energy grant that the community hoped to use to install rooftop
solar on public buildings that would save $400 or so in monthly energy bills—a
reliable income source that could be reinvested in sustainability projects such
as communal fruit trees and electric bikes—was also cut.
“Regardless of who’s in power, there’s a lot of finger-pointing, while life gets
worse for the common people and the oligarch class keep winning,” said Orville
Overton, 34, a local business owner and member of the residents’ council. “I
don’t think people know who or what to trust, because both [political] parties
have failed us in big ways.”
Hannah, the Coalfield Development CEO, walks towards the Black Diamond
warehouse.Michael Swensen/The Guardian
About 60 miles east, Dante, a sparsely populated former integrated mining
community that was once the second largest in Russell county, suffers frequent
power outages—including a four-day blackout during a major flood in July, and
nine days after Hurricane Helene in August 2024.
Dante’s share of the terminated EPA grant was tagged for a feasibility study on
the old railway depot, once the hub of mining operations and the whole town.
This is the first step needed to convert the depot into a resilience hub with
solar panels and battery storage, a place for residents to charge their phones
and keep medication refrigerated during the next blackout.
The post office has been closed since July, due to flood damage. The only place
still open for business in Dante is the volunteer-run mining museum.
Dante is also currently without a fire station, after nearly $400,000
appropriated by Congress to replace the one demolished due to subsidence was
rescinded by the Trump administration.
“These are not frivolous things; these are basic services. And when you work
hard for two or three years to secure federal funds, you expect it to be
delivered,” said Lou Ann Wallace, Dante’s representative on the
Republican-controlled Russell County Board of Supervisors.
“I don’t think the president knew. I’m one of his biggest supporters, but we’re
dealing with the ills of industry here, and we’ve got to be able to clean this
up so our people in these hollers can have a quality of life.”
Trump won 83 percent of the vote in Russell county in 2024 while Winsome
Earle-Sears, the Republican candidate for governor, secured 81 percent last
month.
Taylor Rogers, a White House spokeswoman, said: “President Trump cares about our
miners more than any other president in modern history—which is why he has
implemented his energy dominance agenda to protect their jobs and revive the
mining industry…we can maintain the safety of miners while simultaneously
rolling back Joe Biden’s Green New Scam regulations that were killing their
jobs.”
Across Appalachia, people who believe in Trump will be hit hard by his wholesale
cuts to Medicaid, Veterans Affairs, food aid, and education, among other public
services. Simultaneously, the region is scrambling to save projects that would
improve resilience and bring jobs.
It’s a race against the clock, according to Hannah, to find enough money to keep
afloat and help people keep faith.
“The funding was committed by Congress, so we know the law’s on our side, and
that we will eventually win back some of these grants,” Hannah said. “One
objective was probably to remove confidence in the system, so we need to outlast
what is a game of cashflow and the battle of morale.”
Tag - Joe Biden
Kamala Harris is back…with a vengeance.
The first excerpt of her forthcoming memoir, 107 Days, about her history-making
presidential campaign after President Joe Biden dropped out, published on
Wednesday morning in The Atlantic. And it is unexpectedly juicy for Harris, who
is typically known to equivocate—and who, until now, staunchly defended Biden’s
decision to run for a second term.
In the excerpt, Harris repeatedly takes Biden and unnamed members of his “inner
circle” to task, for what she alleges was their distrust of her ambitions; their
failure to support her, and acknowledge her successes, as vice president; and
their resistance to her growing popularity as Biden’s declined. “Their thinking
was zero-sum,” she writes of Biden’s closest confidantes. “If she’s shining,
he’s dimmed.” (The Biden camp does not yet appear to have commented.)
Below are some of the juiciest topics she tackles.
Biden’s decision to run for president again
For the first time, Harris publicly admits that she should have considered
telling Biden not to run for a second term:
> During all those months of growing panic, should I have told Joe to consider
> not running? Perhaps. But the American people had chosen him before in the
> same matchup. Maybe he was right to believe that they would do so again.
Later, she characterizes administration officials as being “hypnotized” and
reckless for failing to push Biden to drop out earlier, even as outside pressure
was mounting:
> “It’s Joe and Jill’s decision.” We all said that, like a mantra, as if we’d
> all been hypnotized. Was it grace, or was it recklessness? In retrospect, I
> think it was recklessness. The stakes were simply too high. This wasn’t a
> choice that should have been left to an individual’s ego, an individual’s
> ambition. It should have been more than a personal decision.
Biden’s age
Harris rejects the “narrative of some big conspiracy at the White House to hide
Joe Biden’s infirmity,” but concedes that he had gotten “tired”:
> Here is the truth as I lived it. Joe Biden was a smart guy with long
> experience and deep conviction, able to discharge the duties of president. On
> his worst day, he was more deeply knowledgeable, more capable of exercising
> judgment, and far more compassionate than Donald Trump on his best. But at 81,
> Joe got tired. That’s when his age showed in physical and verbal stumbles.
Relationship with the White House
A vast portion of the excerpt features Harris’s complaints about deep-seated
distrust she alleges Biden’s staff harbored towards her:
> Because I’d gone after him over busing in the 2019 primary debate, I came into
> the White House with what we lawyers call a “rebuttable presumption.” I had to
> prove my loyalty, time and time again.
>
>
>
> When Fox News attacked me on everything from my laugh, to my tone of voice, to
> whom I’d dated in my 20s, or claimed I was a “DEI hire,” the White House
> rarely pushed back with my actual résumé: two terms elected D.A., top cop in
> the second-largest department of justice in the United States, senator
> representing one in eight Americans.
Later, she describes her frustrations with the White House communications team
and their failure to adequately fight back against her bad press:
> They had a huge comms team; they had Karine Jean-Pierre briefing in the
> pressroom every day. But getting anything positive said about my work or any
> defense against untrue attacks was almost impossible.
>
> […]
>
> Worse, I often learned that the president’s staff was adding fuel to negative
> narratives that sprang up around me. One narrative that took a stubborn hold
> was that I had a “chaotic” office and unusually high staff turnover during my
> first year…the first year in any White House sees staff churn. Working for the
> first woman vice president, my staff had the additional challenge of
> confronting gendered stereotypes, a constant battle that could prove
> exhausting.
>
> […]
>
> And when the stories were unfair or inaccurate, the president’s inner circle
> seemed fine with it. Indeed, it seemed as if they decided I should be knocked
> down a little bit more.
One example she references: The criticisms over her work tackling the root
causes of migration from the Northern Triangle of Central America:
> When Republicans mischaracterized my role as “border czar,” no one in the
> White House comms team helped me to effectively push back and explain what I
> had really been tasked to do, nor to highlight any of the progress I had
> achieved.
>
> […]
>
> Instead, I shouldered the blame for the porous border, an issue that had
> proved intractable for Democratic and Republican administrations alike. Even
> the breathtaking cruelty of Trump’s family-separation policy hadn’t deterred
> the desperate. It was an issue that absolutely demanded bipartisan cooperation
> at an impossibly partisan, most uncooperative time.
>
>
> No one around the president advocated, Give her something she can win with.
Harris also writes that Biden’s inner circle resented her growing popularity:
> When polls indicated that I was getting more popular, the people around him
> didn’t like the contrast that was emerging.
As one example, she refers to a speech she gave on “the humanitarian crisis in
Gaza” in Selma, Alabama in March 2024:
> It was a speech that had been vetted and approved by the White House and the
> National Security Council. It went viral, and the West Wing was displeased. I
> was castigated for, apparently, delivering it too well.
>
> Their thinking was zero-sum: If she’s shining, he’s dimmed. None of them
> grasped that if I did well, he did well. That given the concerns about his
> age, my visible success as his vice president was vital. It would serve as a
> testament to his judgment in choosing me and reassurance that if something
> happened, the country was in good hands. My success was important for him. His
> team didn’t get it.
That’s the last line of the excerpt. It ends abruptly—almost as abruptly as
democracy as we know it seems to have ended the day Trump was sworn into his
second term.
But it’s almost certain that we can expect more tea spillage when the book
publishes, on Sept. 23.
This article first appeared on The War Horse, an award-winning nonprofit news
organization educating the public on military service. Subscribe to its
newsletter.
The email came last fall while James Harter was on vacation with his husband in
Quebec City, Canada. He was checking his computer in their RV when he read the
no-nonsense subject line: Certificate of Pardon.
He had no idea just how uncommon that email was—but in the moment, none of that
mattered.
“The feelings were basically overjoyed relief,” he told The War Horse. “Just the
sense of, maybe I could put what happened to me in my past.”
Nearly 40 years ago, Harter was court-martialed for having consensual sex with
another man in his unit. He was convicted under the former Uniform Code of
Military Justice Article 125, which forbade sodomy, defined as “unnatural carnal
copulation,” and sentenced to a bad conduct discharge from the Army plus six
months in two military correctional facilities: one in Germany and one in
Kansas. He spent most of his time in isolation, on suicide watch.
“I just couldn’t understand how I’d gotten to this point,” he said, “where I was
in prison with murderers because I had sex with someone.”
Last year, however, he finally got a chance at redemption when then-President
Joe Biden issued a proclamation to grant a full and unconditional pardon to
veterans with court-martial convictions under former Article 125. Harter applied
right away.
Receiving the pardon on that early fall day, Harter said, “restored a lot of
pride.”
Only now does he understand just how unique he is to have received an Article
125 pardon.
More people have walked on the moon.
Documents obtained by The War Horse through Freedom of Information Act requests
show that of the tens of thousands of veterans who were separated from the
military due to their sexuality over decades, only 21 ended up applying for a
pardon—and only four, including Harter, have received one.
The numbers sharply contrast with the White House’s estimate that “thousands” of
veterans could be eligible when Biden announced a year ago that he was “righting
a historic wrong.” So much has changed since then.
Both Biden and President Donald Trump have faced intense criticism for handing
out controversial pardons.
Diversity, equity, and inclusion initiatives have been erased under the new
administration’s zeal to refocus the military on lethality. Thousands of
transgender service members are being discharged and banned from serving. And
the Pentagon is considering renaming ships, including the USNS Harvey Milk,
named for the slain gay rights activist and veteran who was discharged over his
sexuality, that don’t fit a “warrior” ethos.
While The War Horse had previously reported on the low number of pardon
applications for LGBTQ+ veterans, records disclosed last month by the Office of
the US Pardon Attorney are the first to reveal just how few have been granted:
two from the Navy, one from the Air Force, and one from the Army.
The records provided no other details and don’t explain why other applicants
were denied. Harter is the only one of the pardoned veterans who has come
forward to share his story.
“I never expected to be pardoned,” he said. “But I don’t think it [the
court-martial] should have ever happened to start with, so I felt like there was
some redemption there.”
Harter was an Army staff sergeant before he was court-martialed. Courtesy James
Harter
A PALTRY PROMISE?
After the initial excitement over Biden’s Article 125 pardon announcement, it
soon became clear to LGBTQ+ veteran advocates that many waiting for relief would
be left out.
The pardon’s wording meant that it applied only to veterans who were
court-martialed for violations of Article 125, or consensual sodomy, said Dana
Montalto, associate director of the Veterans Legal Clinic at the Legal Services
Center of Harvard Law School.
“But there were so many other ways that [lesbian, gay, and bisexual] service
members were separated or their behaviors criminalized when they were in
service, and the pardon didn’t reach those,” Montalto said.
“I think it is a step in the right direction for our federal government to be
making amends, but it certainly was not a solution to the problem,” she said.
LGBTQ+ veterans were often outed by fellow service members or caught up in
military witch hunts.
“Additional charges were often weaponized against service members, whether they
were true or not,” said Cathy Marcello, deputy director at the Modern Military
Association of America, an organization of LGBTQ+ service members.
“Circumstances might look very bad on paper, but might not reflect what actually
is historically accurate to this person’s conviction.”
LGBTQ+ veterans were also regularly charged with Article 134 (indecent conduct
or adultery), Article 92 (failure to obey a direct order), and other
transgressions. Any of these additional offenses would make a veteran ineligible
for Biden’s pardon.
Last year, The War Horse submitted a Freedom of Information Act request for
Defense Department memos or reports to understand why the White House suggested
thousands of veterans would benefit from Biden’s pardon. The agency denied the
request, however, saying the documents were part of the decision-making process
and therefore protected.
In May, The War Horse once again tried to contact the Office of the Pardon
Attorney and Department of Justice for comment on this issue and received no
response.
Advocates say there is another major reason for the low numbers: The burden is
entirely on the veteran to apply for clemency and prove that they qualify.
Unlike some mass pardons, Biden’s action requires that each veteran fill out a
form, which could be daunting or bring up painful emotions.
Peter Perkowski, legal director at Minority Veterans of America, said the
administration could have made the process easier.
“They could have put the onus on the Defense Department to review all the
[Article] 125 convictions and change them if it’s appropriate,” he said, “or
they could have sent letters out to people at their last known address.”
Ultimately, he said, “there were a lot of things they could have done. They did
none of it.”
The White House hosted a Pride event on June 26, 2024, hours after Biden’s
proclamation announcing pardons for many LGBTQ+ veterans.Abe McNatt
DIFFERENT TREATMENT FOR COVID VACCINE REFUSERS
Earlier this year, Trump issued an executive order granting reinstatement
eligibility, plus back pay, for more than 8,700 service members discharged
solely for refusing a Covid vaccine. In contrast with the LGBTQ+ veterans, the
Department of Defense stipulated that all eligible former service members
discharged over Covid vaccines should be contacted by mail, email (if possible),
and phone and invited to apply for reinstatement. And in May, the president
pardoned a former Army officer who was court-martialed for refusing to obey
Covid safety rules.
A White House spokesperson did not respond to a request for comment from The War
Horse.
Perkowski can’t help but feel there is some bigotry at play. “There has been
such a swift restorative justice action from the government to purportedly fix
the mistakes the Defense Department made with Covid-related discharges,” he
said. “Even though ‘don’t ask, don’t tell’ was repealed 15 years ago, that has
never happened for this community.”
And pardons don’t automatically change a veteran’s discharge status, said
Christie Bhageloe, director of the Statewide Veterans Project at Florida Legal
Services. Even if a veteran gets pardoned, they still have to apply for a
discharge upgrade to be eligible for VA and other benefits. The pardon—and a
recent class-action lawsuit win—may help, but it isn’t a guarantee. And unlike
with the Covid executive order, there are no retroactive benefits.
“Even if everything goes well and you get a pardon and a full discharge upgrade
to honorable, it doesn’t bring back your military career,” Bhageloe said. “It
doesn’t fix the fact that you were a volunteer for the military during an
all-volunteer force and we essentially discarded them.”
The United Kingdom and Canada faced similar reckonings with the treatment of
their gay and lesbian military members. But unlike the United States, both
countries have made formal, public apologies and started funds for monetary
reparations to pay LGBTQ+ service members who lost benefits after being kicked
out of the military.
More than three decades after being court-martialed, Harter said he feels
disconnected from other veterans because of his experience. Courtesy James
Harter
PARDONS AS A POLITICAL TOOL
Over the last year, both Biden and Trump were busy wielding their clemency
powers, from Biden granting his son Hunter a pardon to Trump clearing political
allies and contributors, including tax evaders and January 6 protesters.
“I think the difference is my pardon was done for a crime that no longer
exists,” Harter said. “For crimes that still exist, there should be some other
extenuating circumstance that justifies a pardon. Not just a political favor.”
Eligible veterans are still able to apply for the Article 125 pardon on the
Office of the Pardon Attorney’s website. A Department of Justice spokesperson
failed to provide The War Horse with an update on the pardon numbers since the
office responded May 1 to our original request. Advocates say Trump’s decision
to ban transgender troops from the military may make more LGBTQ+ veterans
hesitant to apply for a pardon.
“Over time, more people might apply,” Montalto said, “but I would imagine some
people who might have considered applying no longer wish to do so.”
For others, it doesn’t matter who the president is, said Perkowski—the loss of
trust is irreparable. “They do not trust the government, regardless of who is in
charge, to do the right thing for them,” he said.
Even after Harter left the military, his conviction followed him. He had to
explain it during every employment background check, and he believes the
experience escalated his downward spiral into drug and alcohol addiction. Plus,
he lost access to all VA health care benefits and education benefits that he was
getting through his service and had to finish working his way through college on
his own.
He feels disconnected from other veterans, despite having served for eight years
in the late 1980s—two as a tank crewman and six as a field artillery repair
specialist—and earning an Army Commendation Medal.
Although he’s now been sober for 35 years and recently retired from his job as a
travel nurse, “these charges have haunted me,” he said.
His journey to clear his name is still not complete.
Even though Harter now has his pardon, he still had to separately apply to get
his bad conduct discharge changed to an honorable discharge.
He was told the process could take up to 18 months. Five months after he sent
his application, he’s still waiting. The pardon may help his cause, advocates
said, but there is no guarantee that his discharge will be upgraded.
Nearly four decades later, it’s one last hurdle. Getting his discharge record
restored, he said, would “help me return to that sense of pride.”
This War Horse investigation was reported by Leah Rosenbaum, edited by Mike
Frankel, fact-checked by Jess Rohan, and copy-edited by Mitchell Hansen-Dewar.
Hrisanthi Pickett wrote the headlines.
--------------------------------------------------------------------------------
WHERE TO FIND HELP FILING FOR A PARDON OR DISCHARGE UPGRADE
Veterans who believe they might qualify to receive a pardon for Article 125
offenses can request a pardon on the Office of the Pardon Attorney’s website at
this link: justice.gov/pardon/apply-clemency.
If you’re not sure if you qualify, these legal clinics offer free help for
LGBTQ+ veterans seeking pardons, discharge upgrades, and other services:
* National Veterans Legal Services Program (National)
* The Veterans Consortium (National)
* Florida Veterans Justice Project (Florida only)
* Swords to Plowshares (Northern California only)
* Harvard Veterans Law Unit (Greater Boston area prioritized)
* Yale Veterans Legal Services Clinic (Connecticut only)
Or go to statesidelegal.org/stateside-map, enter your state, and click “Law
School Programs” under “Organization Type” to find a free program near you.
Even veterans with a bad conduct or dishonorable discharge rating may still be
eligible for VA benefits by filling out a Character of Discharge Determination
form. Learn more here.
President Donald Trump told reporters aboard Air Force One on Tuesday that he
does not plan to call Gov. Tim Walz (D-Minn.) in the wake of this weekend’s
horrific political violence, in which a man assassinated a Minnesota lawmaker
and her husband and wounded another Democratic state lawmaker and his wife.
“I think the governor of Minnesota is so whacked out,” Trump said, in response
to a question from CNN’s Kaitlan Collins about whether he had called the
governor. “I’m not calling. Why would I call him? I could call him, say, ‘Hi.
How you doing?’ The guy doesn’t have a clue. He’s a mess. So, you know, I could
be nice and call, but why waste time?”
> COLLINS: Have you called Tim Walz yet?
>
> TRUMP: I don't really call him. He appointed this guy to a position. I think
> the governor of Minnesota is so whacked out. I'm not calling him … he's a
> mess. pic.twitter.com/81o4oSqyR7
>
> — Aaron Rupar (@atrupar) June 17, 2025
In a statement provided to Mother Jones on Tuesday afternoon, a spokesperson for
Walz said the governor “wishes that President Trump would be a President for all
Americans, but this tragedy isn’t about Trump or Walz. It’s about the Hortman
family, the Hoffman family, and the State of Minnesota, and the Governor remains
focused on helping all three heal.” Spokespeople for the White House did not
immediately respond to requests for comment.
Though the remarks were roundly condemned as cruel, for Trump, they were not
unusual. As I previously wrote, the president has a long history of making
tragedies worse, including by making crude comments and boosting false or
disproven conspiracy theories in the aftermath of devastating events. But his
latest comments are particularly rich given that, during his Republican National
Convention speech last summer, he called for unity:
> Just like our ancestors, we must now come together, rise above past
> differences. Any disagreements have to be put aside, and go forward united as
> one people, one nation, pledging allegiance to one great, beautiful — I think
> it’s so beautiful — American flag.
Trump’s refusal to call Walz stands in stark contrast to the Democratic response
after the two assassination attempts against Trump last summer, when Democrats
condemned the violence. The Biden campaign also pulled political ads against
Trump, with leaders on both sides of the aisle calling for unity. (Though that
did not stop some Trump acolytes from baselessly blaming the violence on
Democrats.)
While Trump did publicly condemn the violence in Minnesota, writing in a Truth
Social post on Saturday, in part, that “Such horrific violence will not be
tolerated in the United States of America,” it is common for presidents to call
state leaders following such crises. According to reports, Vice President JD
Vance and former President Joe Biden called Walz following the Saturday attacks.
Sen. Mike Lee (R-Utah) is similarly under fire after posting a series of
baseless posts on his personal X account this weekend, blaming the murders on
the left. In one Sunday post, he wrote, “This is what happens when Marxists
don’t get their way.” In another, he wrote, “Nightmare on Waltz street,”
alongside photos of the alleged shooter. “My guess: He’s not MAGA,” Lee wrote in
another post of the suspected shooter, who is a registered Republican, according
to public records. (Friends have told reporters Boelter was, in fact, a
supporter of Trump.) But just a few hours later, on his official account, Lee
appeared to change his tune: “These hateful attacks have no place in Utah,
Minnesota, or anywhere in America. Please join me in condemning this senseless
violence, and praying for the victims and their families.”
But for some of his colleagues, it was too late. Sen. Tina Smith told the
Washington Post that she sought out Lee at the Senate on Monday to talk to him
about his earlier posts, telling the newspaper, “It was a terrible thing to do,
and I wanted him to know how I felt about it—how devastating it was to see.” Lee
has said Hortman was a personal friend.
The insults and mockery trickled throughout the GOP. Rep. Derrick Van Orden
(R-Wisc.) wrote on X, “Good job, stupid,” in response to a post from Walz, and,
“You appointed the crazy zealot that murdered her to one of your boards, you
clown,” over a post from Walz honoring former state House Speaker Melissa
Hortman, who was murdered alongside her husband, Mark. The suspected shooter,
Vance Boelter, was reportedly appointed to a 41-member state economic board by a
prior Democratic governor in 2016, and later reappointed by Walz; Democratic
state Senator John Hoffman, who Boelter allegedly shot alongside Hoffman’s wife,
Yvette, reportedly served on the board at the same time as Boelter. (In an
earlier post, Van Orden wrote that he condemned “all acts of political violence
and intimidation.”)
Spokespeople for House Speaker Mike Johnson (R-La.) and Senate Majority Leader
John Thune (R-S.D.) did not immediately respond to requests for comment about
whether they condemn their members’ comments.
The Trump administration is investigating whether former President Joe Biden was
so enfeebled that his advisers secretly ran the country on his behalf. House
Republicans and Trump’s obsequious new pardon attorney are likewise probing
whether Biden’s aides issued pardons without his knowledge. “Although the
authority to take these executive actions, along with many others, is
constitutionally committed to the President,” stated Trump’s executive order
initiating the investigation, “there are serious doubts as to the decision
making process and even the degree of Biden’s awareness of these actions.” If
Biden wasn’t aware of them, the order states, the actions may be void.
> Trump’s indifference to the job is the modern incarnation of a problem that
> defenders of a strong presidency have always ignored.
The country is only starting to understand the extent of Biden’s decline, with
the truth somewhere between the fully-capable Biden his White House insisted on
and the Weekend at Bernie’s presidency Trump has conjured. But the ongoing
investigations by Trump and his allies must inevitably reckon with a separate
but important question: What exactly is the job of the president, and how much
incapacitation or delegation is too much?
It is ironic that these questions are being pressed so forcefully by Trump, who
himself is uninterested in much of the work of governing. The irony deepens when
you consider that Trump and his administration are seizing power under the
theory of the “unitary executive,” the idea that a single person, the president,
embodies the entire executive branch and must have the power to hire, fire, and
direct executive agencies as he desires. This theory so clearly animates the
Trump administration that it is infused in the text of the executive order on
the Biden investigation, especially in a section that makes an issue of Biden’s
use of an autopen. The president, it states, “as the unitary head of the
executive branch, holds tremendous power and responsibility through his
signature… The Nation is governed through Presidential signatures.” That is not
how American government is supposed to operate, but, as Trump’s own executive
order concedes, the fantasy of unchecked presidential power only works if the
president is actually in charge.
The Supreme Court, now dominated by proponents of a unitary executive, is
seizing on Trump’s illegal power grabs to further etch the theory into
Constitutional law. From allowing Trump’s illegal firings of independent
commissioners to take effect to greenlighting the Department of Government
Efficiency’s access to troves of Social Security data in likely violation of the
law, the court’s GOP-appointed majority is a embracing a vision of executive
authority that overrides Congress’s laws and grows the powers of the White
House. At the very moment that the country is grappling with whether the last
president was significantly diminished, followed by a president with a clear
disdain for much of the job, the courts continue to hand the office increasingly
king-like powers on the theory that the president alone must run the show.
“The overall problem is that the unitary executive theory is a fiction,” says
Christine Chabot of Marquette University Law School. “Unitary executive theory
seems to think that, at its extreme, the president is in control of all policy
decisions made in the executive branch. And that’s just an impossibility. It has
been since day one. George Washington could never have controlled all the
executive branch decisions that were being made when he was president, and it’s
even more true now.”
During Trump’s first term, it was well known that the president didn’t like to
read, thus limiting his intake of memos and policy briefs. This time around,
Trump’s disengagement may be worse. In May, Politico reported that Trump had
only sat for 12 briefings with intelligence officials since his inauguration, a
dangerous abdication compounded by the fact that he doesn’t appear to read the
intelligence briefs that are produced for him five days a week.
There are many such signs of Trump’s detachment. In an ABC interview marking the
first 100 days of his second term, Trump deferred the question of whether
immigrants he has condemned to a notorious El Salvadoran prison were owed due
process, saying, “They get whatever my lawyers say.” Of Kilmar Abrego Garcia,
the man his administration mistakenly sent there, Trump appeared to believe his
own administration’s false propaganda that Abrego Garcia had tattooed the
transnational gang name “M-S-1-3” on his knuckles. The episode raised the
question of whether Trump is informed by his aides or deceived by them.
> Musk’s role suggests Trump is not fully in charge—not because he is incapable
> of leading, but because he just doesn’t want to.
Then there is Elon Musk. In the first months of this administration, the
president outsourced to the world’s richest man the project of dismantling his
own government. He did this, reportedly, without keeping tabs on the operation
and possibly misunderstanding its mission. Of Musk’s promise to cut $1 trillion
in spending, Trump recently wondered, “Was it all bullshit?”
According to an astonishing Wall Street Journal report, Musk “often surprised
senior administration officials with his decisions” and “made dramatic
government cuts without consulting others, including White House chief of staff
Susie Wiles.” Trump’s top aides learned second-hand what DOGE was doing, and
Musk made “cuts at the Health and Human Services Department that some in the
West Wing disagreed with.” There is surely an element of political opportunism
in these leaks, distancing Trump from Musk’s most unpopular actions as he slinks
away from Washington. But they are also an extraordinary account of a president
who is not fully in charge—not because he is incapable of leading, but because
he just doesn’t want to.
Related
THE LEGAL THEORY BEHIND TRUMP’S POWER GRABS
The idea of an incapacitated or uninterested president whose administration is
surreptitiously run by his aides gnaws at the logic of the unitary executive
theory. The theory rests on the thin reed of two clauses in Article II of the
Constitution, which vest executive power in the president and charge the
president with ensuring the laws are faithfully executed. To add meat to these
bones, Chief Justice John Roberts, whose judicial opinions have given
constitutional life to the unitary executive theory, has also adopted a
long-running argument that endowing the president with more power over the
executive branch leads to more democratic accountability.
This is the constitutionalization of the general idea that, as President Harry
Truman put it, the buck stops at the Resolute Desk. If every member of the
executive branch operates according to the president’s will and at the
president’s pleasure, then voters know who to blame when something goes wrong.
The executive power “acquires its legitimacy and accountability to the public
through ‘a clear and effective chain of command’ down from the President, on
whom all the people vote,” Roberts wrote in 2021.
“The functional argument is its democratic responsiveness,” explains New York
University law professor Noah Rosenblum. “That requires some amount, at least
theoretically, of presidential involvement, engagement, invigilation…that’s
supposed to go along with a sense that the president is genuinely seeing what’s
going on.”
Roberts himself has flicked at the necessity of an active executive. The
founders, he wrote in his 2024 decision granting presidents broad criminal
immunity, envisioned a “‘vigorous’ and ‘energetic’ Executive… for a ‘feeble
executive implies a feeble execution of the government.’” While Alexander
Hamilton, whom Roberts quotes in that passage, wrote those words to argue for a
single president over an executive branch run by multiple people, the need for a
sole point of authority—much less an energetic one—is theoretically incompatible
with a tired president whose aides run the show. Roberts’ further justified
presidential immunity as a critical condition for the president to execute his
duties “fearlessly.” The further you get from a vigorous president making all
the decisions, the less important immunity theoretically is.
On the other hand, the legal justification for the president’s powers—those
all-important lines from Article II—requires neither an energetic president, nor
does it frown upon inordinate amounts of delegation. The theory “is about the
original meaning of the Constitution,” originalist scholar Michael Rappaport of
San Diego University School of Law wrote in an email. “It does not mean that it
is good policy,” though he says he believes it is. While “abuses of the
presidency by presidential staff and infirm presidents are problematic and in
many cases illegal,” he added, “illegal actions by some is not necessarily a
reason to depart from the constitutional rule.”
> The need for a sole point of authority is theoretically incompatible with a
> president whose aides run the show.
Because it is impossible for one person to make every decision, “there is a more
realistic version of the accountability idea of the unitary executive theory,
where the President is in control at least of the larger, more important
decisions,” says Chabot. “The problem is the Constitution doesn’t have great
accountability mechanisms” after a president’s abdication goes beyond that point
and the president is too checked out.
Given their professed belief in democratic accountability, Roberts and fellow
backers of the unitary executive theory might argue that the antidote to a
president who won’t or can’t keep up with the job is small-d democracy itself;
that the people might see an enfeebled president and so elect someone else. This
is, in fact, what doomed Biden’s shot at a second term.
But the mechanisms for democratic accountability are inadequate. The president
can win with a minority of the popular vote, as happened in 2000 and 2016, while
a second-term president will never face voters again. The Supreme Court’s own
disdain for voting rights legislation, its approval of widespread
gerrymandering, and its gutting of campaign finance regulations, belies the
increasingly empty promise of democratic course correction. Thus, Roberts and
the Republican legal movement envision an engaged president, but don’t actually
provide an off-ramp when we don’t get one.
Jeremy Rabkin, professor emeritus at George Mason University’s Antonin Scalia
Law School, doesn’t believe that Biden’s or Trump’s incompetencies raise
fundamental questions about unitary executive theory. Rabkin wonders whether
Biden was fit enough for the job even in his earliest months as president based
on the chaotic US withdrawal from Afghanistan and its aftermath. “But I don’t
see any remedy for this—apart from expecting journalists to highlight the
problem and move public opinion to demand some change at the very top,” he wrote
in an email. “It wouldn’t be sensible to say, ‘The President should not be in
charge of the military, because he might be too gaga to give sound directives to
them.'” In other words, the constitutional grant of ultimate responsibility in
the president should not be turned off just because some presidents rely too
heavily on their staff.
Unitary executive theory is built around the platonic ideal of a
president—active and engaged at every level: responsive to the people, and
naturally lawful. But presidents are not always vigorous, and they cannot
possibly be on top of everything happening in the executive branch. Nor are they
immune from the allure of criminal conduct—it’s no accident that the modern
unitary executive theory was first cooked up by President Richard Nixon’s
lawyers to shut down the Watergate investigation.
“These guys profess to worship the founders of the Constitution, and yet the
very premise of that document was that we have to design something for fallible
people who are not perfect, and who get old and die and lose their energy,” says
Rosenblum. “If men were angels, none of this would be necessary.”
> The Republican legal movement envisions an engaged president, but doesn’t
> provide an off-ramp when we don’t get one.
While the unitary executive theory operates under the presumption of an ideal
president, it incentivizes a far worse, even criminal, version. It assigns the
president powers that Congress cannot touch, transforming our system of
government from a power-sharing arrangement between all three branches to one in
which the president will usually win out over the other two. In doing so, it
promises democratic accountability in theory, but removes the Constitution’s
central accountability mechanisms.
By reinventing the presidency as an Oval Office king, the theory also recreates
one of monarchy’s pathetic incarnations: a hapless king whose close ministers
rule the realm. It’s not hard to imagine this situation. Again take Musk, whose
hatchet job across the federal government breached authorities reserved for the
cabinet secretaries. The Supreme Court is blessing Musk’s actions, even as
reporting makes clear Trump wasn’t even aware of some of what he was doing. This
is, of course, the exact situation Republicans contend occurred under Biden.
“This is a larger topic, one we all need to reckon with when it comes to the
American presidency today,” Jake Tapper, who co-wrote a recent book that
reported on how Biden’s aides concealed his decline, told the New Yorker last
month, “and the degree to which one person is bestowed with so much power, and
surrounded by individuals whose own power depends on that person maintaining
power, regardless of whether or not it’s good for the White House, the party, or
the country.”
That a president might become senile, incapacitated, or simply uninterested in
the job is not an unforeseeable problem for the unitary executive theory. In
fact, it is baked into its history from the very beginning. The unitary
executive theory claims its legal roots and historical tradition from a 1926
Supreme Court decision called Myers v. United States. The case arose when Frank
Myers, a postmaster in Oregon, sued for back pay after he was illegally removed
from his post during President Woodrow Wilson’s administration. But Chief
Justice William Taft, a former president himself, wrote a decision that blessed
the firing, seizing on the case to create a more powerful executive. Republican
lawyers resurrected the case in the 1980s when they invented the unitary
executive theory. It’s endorsement of the president’s broad removal power
continues to lay the theory’s legal foundations, from Justice Anonin Scalia to
Roberts. But this case undergirding the idea of an all-powerful president most
likely came about because of an incapacitated one.
The origins of the Myers case, and exactly why Myers was removed in an illegal
manner, are mysterious. At the time, by law, presidents could only remove
postmasters by having the Senate confirm a new one. But Myers was fired without
Wilson nominating any replacement. As Rosenblum and Andrea Katz, a professor at
the Washington University School of Law in St. Louis, detailed in a 2023 law
review article, the likeliest explanation is that Myers was fired by Wilson’s
underlings while the president was convalescing.
Wilson suffered a severe stroke in October 1919, and in the months that followed
his wife, Edith, took charge of the White House. While Wilson’s doctor, a close
friend, fended off inquiries about the absent president’s health, Edith and his
closest advisers functionally ran the country. “In the period surrounding the
Myers affair, Wilson was rarely lucid and was prone to impulsive action and
erratic, unmoored thinking,” Katz and Rosenblum write. It was the first lady who
decided what was brought to the president’s attention, screening out all but the
most pressing issues. At the time of Myers’ firing, Wilson’s limited faculties
were focused on the League of Nations. It seems unlikely that the question of
who should take a new patronage job in the Postal Service would have reached his
bedside.
> As Reagan lawyers, Justices Roberts and Alito helped increase his powers just
> as he was shrinking from the job.
“This would explain why Wilson did not seek to remove Myers by nominating a
replacement: He was in no position to nominate one,” Katz and Rosenblum write,
theorizing that “Myers’s removal may have been the accidental improvisation of a
group of presidential advisers acting without a plan.” So with the Meyers
decision, the Supreme Court authorized the presidential removal of an officer
that Wilson himself may never have actually removed.
But on a deeper level, the irony of the case is that it provided the basis for a
fundamental shift toward a president-controlled government based on the possibly
falsified actions of an incapacitated president’s aides. The question of Biden’s
ability to run the government and Trump’s apparent indifference to the job do
not reflect a new challenge to the unitary executive theory—they are simply the
modern incarnations of a problem that defenders of a strong presidency have
conveniently ignored from the beginning.
The historical ironies don’t end there. Some sixty years after Wilson’s
incapacitation, it was lawyers for President Ronald Reagan who first used Myers
to push the bounds of presidential power and piece together the legal skeleton
of the unitary executive theory. Scalia, a Reagan appointee, joined the Supreme
Court in 1986 and, just two years later, penned a landmark dissent that
conservative law professors used as the backbone of their new unitary executive
theory. All this was happening at a time when Reagan, the oldest president until
Trump and Biden, may have been suffering from early symptoms of Alzheimer’s. At
the very least, perhaps like Biden, age was taking its toll while on the job.
President Ronald Reagan at the 1986 briefing announcing the Supreme Court
nomination of Antonin Scalia (left).Ron Edmonds/AP
There is an unsettled debate about when Reagan’s Alzheimer’s symptoms began, and
whether it diminished his ability as president. Journalist Lesley Stahl has
written about an Oval Office meeting she had with Reagan in 1986, where she
found a frail and silent man with a vacant stare. She was mentally preparing a
broadcast to tell the country that the president was senile when Reagan seemed
to “recover,” leaving her to decide she “couldn’t report on my observations.”
Stahl later came to the conclusion that Reagan’s wife and aides were covering up
his decline.
Columnist Max Boot, who published an authoritative Reagan biography last year,
said he had not encountered evidence of Alzheimer’s symptoms while he was
president, but that his advanced age—Reagan left office at 77—meant that aides
were running the show. “A lot of the administration decisions were being made by
[National Security Adviser] Colin Powell, [Defense Secretary] Frank Carlucci,
and [Secretary of State] George Schultz,” Boot told the Washington Post, “who
were just meeting among themselves and presenting the president with fait
accomplis.”
The Iran-Contra Affair, in which the Reagan White House’s National Security
Council smuggled arms to Iran and used the proceeds to illegally fund the Contra
uprising in Nicaragua, provides more evidence of the problematic combination of
a declining president and an empowered executive. Reagan’s aides essentially
turned the NSC, a presidential advisory council, into an extra-legal arms
dealing operation, professing that executive power exempted them from Congress’
dictates—yet they did so in the name of a president who wasn’t fully aware of
the scheme. Roberts and Justice Samuel Alito, who started out as young Reagan
administration lawyers, helped to increase Reagan’s powers just as the president
himself was shrinking from the job. Today, they are implementing unitary
executive theory on the court.
The question of how to square an all-powerful president with the reality of an
absent one is particularly salient as the two oldest presidents ever collide
with the Supreme Court’s still-unfolding decision to turn this theory of
expansive presidential powers into our new system of government. The justices
themselves could conceivably be asked to reconcile the mess they’ve made.
As Trump-backed investigations into Biden and his inner circle unfold, it’s
possible that the Trump administration might declare certain of his actions or
pardons void, or even seek to prosecute former Biden aides, on the theory that
they criminally usurped the power of the president—whether the evidence warrants
it or not. Such actions would inevitably end up in federal court, possibly the
highest court. But at the end of the day, in any review of Biden-era decisions,
it would be unlikely that the justices would pull back on the unitary executive
theory. The theory might envision a perfect president, but come what may, it
entrusts the nation to imperfect ones.
“It’s all gas, no brakes.” For David Hogg, a vice chair of the Democratic
National Committee, there’s little time away from politics right now, especially
considering his $20 million campaign to disrupt his own party.
Hogg, a survivor of the 2018 mass shooting in Parkland, Florida, and gun control
advocate, is looking to oust what he calls “asleep at the wheel” incumbents in
primaries around the US through his political action committee, Leaders We
Deserve. It’s a strategy that has won him admirers and detractors, especially
from the Democratic establishment, who say he shouldn’t be meddling in
primaries, considering he’s now a party boss. So far, Hogg isn’t backing down.
But he argues that it might get him kicked out of the DNC altogether. The party
is set to vote June 9 to decide whether to redo Hogg’s election.
Just seven years ago, Hogg was a high school senior in Parkland, taking speech
and debate classes and prepping for college. But all that changed when a former
student entered his building and committed the largest mass shooting at a US
high school. Hogg quickly co-founded the student-led organization March For Our
Lives and became one of the nation’s most prominent gun control activists.
Today, he’s the first member of Gen Z to be a vice chair at the DNC and, through
Leaders We Deserve, is aggressively challenging the party’s status quo to
generate “an attitudinal shift.”
“What we’re trying to do is say, across the board, Democrats need to stand up
and fight harder,” says Hogg, whose PAC is trying to recruit a fresh slate of
young candidates. “And if there’s somebody that feels nervous about potentially
being challenged as a member of Congress, they should ask themselves why that is
ultimately.”
On this week’s More To The Story, Hogg discusses why he’s ruled out running for
office himself and how the anger he felt after the shooting in Parkland still
drives him today.
Subscribe to Mother Jones podcasts on Apple Podcasts or your favorite podcast
app.
Find More To The Story on Apple Podcasts, Spotify, iHeartRadio, Pandora, or your
favorite podcast app, and don’t forget to subscribe.
Arlie Hochschild, an award-winning author and sociologist, has spent years
talking with people living in rural parts of the country who have been hit hard
by the loss of manufacturing jobs and shuttered coal mines. They’re the very
people President Donald Trump argues will benefit most from his sweeping wave of
tariffs and recent executive orders aimed at reviving coal mining in the US. But
Hochschild argues that Trump’s policies will only fill an emotional need for
those in rural America. She should know.
In 2016, Hochschild’s Strangers in Their Own Land was a must-read for anyone who
wanted to better understand the appeal of Trump and his ascent to the White
House. She spent time in Louisiana talking with Tea Party supporters about how
they believed women, minorities, and immigrants were cutting in line to achieve
the American Dream. But in her latest book, Stolen Pride, Hochschild shifted her
focus to Pikeville, Kentucky, a small city in Appalachia where coal jobs were
leaving, opioids were arriving, and a white supremacist march was being planned.
The more she talked to people, the more she saw how Trump played on their shame
and pride about their downward mobility and ultimately used that to his
political advantage.
“A lot of people in this group have felt that neither political party was
offering an answer,” Hochschild says. “And they have turned instead to a kind of
charismatic leader.” She argues that the secret to Trump’s charisma among his
supporters has to do with “alleviating the shame of that downward mobility.”
On this week’s episode of More To The Story, host Al Letson talks with
Hochschild about the long slide of downward mobility in rural America and why
she thinks Trump’s policies ultimately won’t benefit his most core supporters.
Subscribe to Mother Jones podcasts on Apple Podcasts or your favorite podcast
app.
Find More To The Story on Apple Podcasts, Spotify, iHeartRadio, Pandora, or your
favorite podcast app.
On Tuesday, former President Joe Biden gave his first speech following the end
of his presidency in January, at the Chicago national conference of Advocates,
Counselors, and Representatives for the Disabled.
“Everyone deserves to be treated with dignity,” Biden said in a speech that ran
just under 30 minutes. “That means making sure that more than 60 million
Americans who live with disabilities are treated with dignity. That is who we
are as Americans.”
His successor may disagree. In addition to current President Donald Trump’s
ableist comments—including ones about his own disabled grand-nephew—his Project
2025-inspired dismantling of the Department of Education, and the recent
shutdown of the Administration for Community Living by Health and Human Services
Secretary Robert F. Kennedy Jr., greatly harm disabled people.
“Fewer than 100 days into this new administration, they have done so much damage
and destruction,” Biden said. “It is kind of breathtaking it could happen that
soon.”
Biden also noted his role as a co-sponsor of the 1990 Americans with
Disabilities Act in the Senate, calling it “one of the most consequential civil
rights laws in American history.”
Moreover, the federal Social Security program has been under attack since
Trump’s return to office. As former Social Security Administrator Martin
O’Malley, who introduced Biden, said at the event, the Trump administration is
spreading misinformation about undocumented people draining Social Security
funds, along with false claims about dead people on the agency’s rolls.
That hunt for benefits fraud, which audits suggest is quite rare, puts
Americans’ well-being—including that of many disabled people—in jeopardy.
“Social Security is more than a government program,” Biden said. “It’s a sacred
promise.”
Biden sees that promise at risk, he elaborated, not just from spurious fraud
claims but other Trump White House actions—like mass firings at the already
understaffed agency, and service cuts leading to growing lines and access
burdens at the Social Security Administration’s remaining offices.
Biden also criticized the disruptions led by Elon Musk’s “Department of
Government Efficiency,” which he said had led to “a lot of needless pain and
sleepless nights” for the millions of people, including disabled people, who
depend on Social Security.
President Donald Trump has a new hobbyhorse: That his predecessor, President Joe
Biden, didn’t legally grant pardons to people Trump wants to harass because the
pardons were signed with an autopen, a device for replicating a signature,
rather than by hand.
> Trump has identified some signature requirement as the one rule presidents
> must obey.
“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political
Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER
FORCE OR EFFECT, because of the fact that they were done by Autopen,” he ranted
on Truth Social just after midnight on Monday. “In other words, Joe Biden did
not sign them but, more importantly, he did not know anything about them!”
This argument is hilarious.
Trump and his MAGA allies have embraced a lawless approach to the presidency.
Trump’s executive orders, actions, and legal filings all point to an
understanding of the president as far more powerful than previously understood,
with king-like powers over the entire executive branch. The president, they
argue, is unbound by rules over firing officials or the civil service, by
criminal laws, by the legal interpretations of other agencies (including the
Justice Department), by Congress’ power of the purse, and it would seem—in
multiple cases—unbound by court orders. But in Trump’s midnight rage-posting, he
has identified some signature requirement as the one rule presidents must abide
by.
The logic is absurd. Last summer, the Supreme Court granted presidents immunity
from criminal prosecution for acts within their core powers, including the
pardon power. Now, a president can literally trade a pardon for a bribe. As
Justice Sonia Sotomayor warned in her dissent, “Takes a bribe in exchange for a
pardon? Immune.” According to Trump’s new rubric, she omitted the golden rule
that the pardon had to be signed by hand. Then, feel free to bribe away.
According to Trump, he can appoint the world’s richest man to dismantle federal
agencies, halt payments, cancel contracts, and enrich himself—all outside the
purview of Congress. It’s an extraordinary assertion of executive branch
power—the power to delegate, in effect, all the executive’s power, and then
Congress’ to boot. But what he cannot delegate is the signing of his signature
to an autopen?
Usually the Trump administration is all about automation. They are reportedly
using artificial intelligence to scan the social media posts of visa-holders and
flag for deportation anyone it judges has made pro-Hamas or pro-terrorist
comments. This dragnet is certain to ensnare people who merely criticized
Israel’s tactics against Gaza or the United States’ support of that war—and that
indeed may be the entire point. In other words, they are outsourcing a crackdown
on free speech to AI.
It’s not the administration’s only use of AI. According to multiple reports, AI
is being deployed across the federal government to reduce the workforce and
transform federal agencies into an AI-run bureaucracy. So not only has Trump
outsourced his job to Musk, but Musk is now outsourcing his—and most other
federal employees’—to a chatbot. Whether a job exists or a deportation is
ordered or your data remains private will now depend on an algorithm and the few
DOGE employees who utilize it.
But outsource to an autopen? That’s a bridge too far.
Trump, of course, isn’t preoccupied just with the autopen but with what he
claims it means: That Biden was too senile to govern, and the automatic
signature is proof that someone else was calling the shots. It is obviously
proof of no such thing. Conversely, signing by hand is no indication that Trump
has read all of the dozens of executive orders he has issued since January 20.
(We’ve all claimed to have read the fine print, haven’t we?) But Trump, in his
zeal to delegate vast authority to Musk and AI, obviously is authorizing things
he doesn’t know about or cannot foresee—like the time his administration fired
the team working to stop a bird flu pandemic and then scrambled to hire them all
back.
> Usually the Trump administration is all about automation. But outsource to an
> autopen? That’s too far.
There are practical concerns with the no-autopen rule. What if a president is
away from his desk when a pardon must be issued in order to avert, say, a
wrongful execution? What if he injures his hands and cannot sign? Does he lose
the pardon power? The pardon power has been set out by the Supreme Court as one
of the president’s “core powers” that cannot be proscribed—yet somehow,
according to Trump’s logic, this power can be entirely undone by use of an
autopen?
To Trump’s credit, it doesn’t appear that he came up with this legal strategy.
Instead, it seems to have emerged from the Heritage Foundation in an attempt to
poke legal holes in Biden’s executive actions. Trump, according to remarks on
Sunday, is so desirous to prosecute people Biden pardoned in the waning days of
his administration—like former Rep. Liz Cheney, who co-led the January 6
Committee—that he intends to ask the courts to throw out Biden’s pardons on the
strength of his autopen argument. “It’s not my decision; that’ll be up to a
court,” he said. “But I would say that they’re null and void.”
Perhaps Trump is imagining that Chief Justice John Roberts, the author of the
decision granting presidential immunity, will finally draw a line on executive
authority. Do what you want, Roberts might decree, but you have to sign the
document by hand.
Even for this Supreme Court, that level of absurdity is certainly too much.
In the 1932 presidential election, Franklin Delano Roosevelt wiped the floor
with his Republican rival, Herbert Hoover. He won the Electoral College 472-59,
and bested the incumbent with 57 percent of the popular vote. It was a decisive
rout at a time of crises—a devastating depression, soaring inequality, rising
fascism in Europe—and FDR embraced it, launching his New Deal. “We do not
distrust the future of essential democracy,” he declared in his inaugural
address. “The people of the United States have not failed. In their need they
have registered a mandate that they want direct, vigorous action.”
President Donald Trump, who is doing his best to undo what remains of FDR’s
legacy, made similar claims in January—and in his address to Congress on
Tuesday—of his own, narrow, victory, itself a response to crises ranging from
real (inflation, war) to entirely fabricated (an immigrant crime wave, the Big
Steal). “My recent election,” Trump remarked during his inaugural address, “is a
mandate to completely and totally reverse a horrible betrayal and all of these
many betrayals that have taken place and to give the people back their faith,
their wealth, their democracy, and, indeed, their freedom.”
He was hardly the only one invoking the m-word. “Trump is back with a big
agenda, a mandate—and an axe to grind,” noted a Politico headline.
Management and Budget officials justified their freeze on federal grants and
loans based on “the will of the American people,” who had given Trump a “mandate
to increase the impact of every federal taxpayer dollar.” Elon Musk, who has
glommed onto Trump like a ravenous limpet, told White House reporters that “you
couldn’t ask for a stronger mandate” to eviscerate the administrative state:
“The people voted for major government reform, and that’s what people are going
to get.”
Did they really? In his speech on Tuesday, Trump claimed—absurdly—that the
November election “was a mandate like has not been seen in many decades.” In
fact, Trump won less than half of the popular vote—which, given the turnout,
amounts to less than one-third of registered voters. His margin of victory was
the tightest since 2000, the fourth tightest since 1940. Subsequent polling
showed solid majorities opposing his tariff plans, birthright citizenship ban,
withdrawal from the Paris climate deal, January 6 pardons, and the renaming of
the Gulf of Mexico. (People hated that.) Even Trump’s own supporters deemed it
unacceptable for him to impose loyalty tests on federal workers (58 percent) or
to pardon friends or supporters convicted of crimes (57 percent). And this
polling came before Trump unleashed Musk and his post-pubescent underlings on
federal agencies like a swarm of diseased locusts.
“In the US, usually claiming a mandate is done when a victory has been
particularly large,” Terry Royed, a political scientist at the University of
Alabama and co-editor of the 2019 book, Party Mandates and Democracy, told me
via email. “Trump’s popular vote margin was not large.” And when you consider
his Electoral College margin and House and Senate swings, “Trump didn’t do
super-well there, either,” he added.
> FDR claimed mandates, too. But unlike Trump, he was reelected by a wide margin
> and his policies were very popular.
Lyndon Johnson in 1964. Richard Nixon in 1972. Ronald Reagan in 1984. Those were
big, decisive victories. But mandates? Marquette University political scientist
Julia Azari, who scrutinized more than 1,500 presidential communications for her
2014 book, Delivering the People’s Message: The Changing Politics of the
Presidential Mandate, questions the entire premise. Take 1964, she says: “Some
people were voting affirmatively for LBJ’s agenda, but what really fractured the
Republican coalition and led to that landslide was the fear of [Barry] Goldwater
and the unpopularity of the things he was saying. And even there, there’s a lot
to choose from.”
Azari views mandates as merely a “construction”—an idea that has been used by
monarchs, dictators, and (small d) democrats alike to justify their power since
at least as far back as imperial China, when dynastic kings asserted a “mandate
of Heaven”—a divine right to rule.
The Western notion of a mandat—as a command or judicial order—came about amid
16th century upheaval in Europe, as Reformation figures began challenging the
hegemony of the Catholic Church. Before then, “authority and inequality were
linked; men of wealth and noble birth were also in charge of exercising the
functions of government. The vast bulk of the population was politically
irrelevant,” the late German-American sociologist Reinhard Bendix—who was
expelled from secondary school in 1933 for refusing to give the Nazi
salute—wrote in his 1978 book, Kings or People. “After 1500, the rigid bond
between authority and inequality loosened.”
The first American president to use the mandate concept as a power flex, Azari
says, was Andrew Jackson, a Trump favorite. Elected in 1832, Jackson set out to
destroy the nation’s fledgling central bank, she wrote, “rationalizing his
actions by claiming the president enjoys a special popular endorsement.” Eighty
years later came President Woodrow Wilson, whose racist segregation of the
federal workforce is echoed in Trump’s DEI purges—and who, in 1908, wrote of a
victorious presidential contender, “Let him once win the admiration and
confidence of the country, and no other single force can withstand him, no
combination of forces will easily overpower him.”
Presidents of both parties, including Bill Clinton and Joe Biden, have since
touted their electoral results to advance their agendas. But Trump and his
minions have taken the claim to outlandish extremes, as if winning an election
can empower a president to defy democratic norms, federal law, and the
Constitution itself. As if the people had elected a king. (Trump has even hinted
of his own mandate from Heaven, declaring, of his fortuitous turn away from the
assassin’s bullet, “I was saved by God to make America great again.”)
Mandates are typically invoked, Azari has observed, when a president is on the
defensive or when he seeks to vastly expand his powers. Both apply to
Trump—whose approval ratings in reputable polls have never exceeded 49
percent—but also, interestingly, to FDR, who, frustrated by a conservative
Supreme Court striking down some of his New Deal policies, declared his 1936
re-election results a mandate “to save the Constitution from the Court and the
Court from itself.” The following year, he backed a bill, which failed, that
would have let him add six new justices to the court. (Trump’s toadies are
calling for the impeachment of judges who rule against his executive actions.)
Some within Trump’s brain trust are openly supportive of his authoritarian
ambitions, viewing the dismantling of government as a counterrevolution against
an antidemocratic bureaucracy. “We are living under FDR’s personal monarchy 80
years later—without FDR,” the billionaire tech investor Marc Andreessen said on
a podcast in December.
Andreessen was paraphrasing his “good friend” Curtis Yarvin, a self-styled
political philosopher of the tech right who has lamented America’s
“kinglessness.” Now, he added, “you need another FDR-like figure but in
reverse…somebody who is actually willing to come in and take the thing by the
throat.”
But voters, for the most part, did not sign on to wipe out FDR’s
accomplishments. Indeed, unlike Trump, FDR was reelected by a lot. He won 60
percent of the vote, and took every state except Maine and Vermont. Mandates may
not be real, Azari emphasizes, but margins matter. “There was a lot of popular
support for the New Deal,” she told me. “There’s not necessarily a lot of
popular support for undercutting the New Deal, undercutting [Johnson’s] Great
Society, and doing so in a way that has no procedural legitimacy.”
Will of the people? Hardly. Trump eked out a comeback win and kept himself out
of prison—no more, no less.