While the details of and procedural developments surrounding the Big Indictment against the former president have consumed the news cycle since it came out last week, there’s still (at least) one more indictment heading toward Donald Trump that may come, if it comes, before we close out the summer.
Continue reading “Where Things Stand: Not Done Yet”Trump Rattles ‘Due Process’ Saber At Judge In Jan. 6 Case
Attorneys for former President Trump asked a federal judge on Monday to allow him to share a large part of materials from the election reversal case against him in a filing which leaned heavily on talking points familiar from right-wing media and Truth Social.
Continue reading “Trump Rattles ‘Due Process’ Saber At Judge In Jan. 6 Case”Concerned He May Be Charged, Eastman Asks For Delay In Disbarment Proceedings
John Eastman — an attorney and Trump ally who was the architect behind one of the schemes to help in former President’s efforts to overturn the 2020 election — is asking a California judge to postpone the ongoing disbarment proceedings against him, saying he’s concerned that he’ll soon be criminally charged by special counsel Jack Smith.
Continue reading “Concerned He May Be Charged, Eastman Asks For Delay In Disbarment Proceedings “Your Guide To John Eastman’s High Falutin’ Word Salad to Overthrow the Constitution
I’ve been returning to this John Eastman interview again and again. In a way it doesn’t deserve so much attention. This is a shallow-thinking, casually self-justifying, fundamentally dishonest man. But his central role in America’s profound political crisis — one that is ongoing — makes him and his arguments important. What interests me are the sophisms he uses to justify his own criminality, attacks on the democratic process and more by projecting his own bad acts on to his foes.
The structure is consistently the same. Assert enemies were about to do X in the cause of the Deep State, wokeness and anti-Americanism so Eastman had to do X to preserve America. In a way he takes to the nation-state level the argument of every guy who blows someone’s head off and justifies it by saying he was afraid they were about to hurt him. Beyond these “I had to do it first” claims there’s another theme: a lot of railing against coastal intellectuals from the Eastman crew’s headquarters in Southern California while using layer upon layer of high-falutin’ fancy talk that falls apart when you kick any tire.
Continue reading “Your Guide To John Eastman’s High Falutin’ Word Salad to Overthrow the Constitution”The Weekend Kerfuffle In The Trump Jan. 6 Case, Explained
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.
You Had Better Things To Do On A Summer Weekend …
Assuming you weren’t glued to legal developments in the Trump case, let me catch you up real quick on what happened in the Trump Jan. 6 case.
Friday afternoon: Trump posts in ALL CAPS to Truth Social, “IF YOU GO AFTER ME, I’M COMING AFTER YOU.”
Friday evening: Special Counsel Jack Smith alerts U.S. District Judge Tanya Chutkan to Trump’s Truth Social post in a new filing requesting the court immediately enter a protective order preventing Trump from making public any of the discovery materials DOJ is about to turn over to Trump’s defense team.
Saturday morning: Judge Chutkan orders Trump to respond to the government’s motion for a protective order by 5 p.m. ET Monday.
Saturday afternoon: Trump’s legal team asks the court for a three-day extension to respond to the motion and asks for the matter to be scheduled for a hearing (an additional delay maneuver).
Later Saturday afternoon: Smith’s team files a spicy opposition to Trump’s request for more time. The kicker: “The Government stands ready to press send on a discovery production. The defendant is standing in the way. The Court should deny the motion.”
Saturday evening: Judge Chutkan denies Trump’s request for additional time.
A few things to note:
- This flurry of filings wasn’t directly about the Trump rantings on social media. (I should mention that over the weekend, in addition to the post above, Trump variously attacked the judge, the prosecutor, and witness Mike Pence.) It was about the protective order over discovery materials, but prosecutors deftly snuck in the Trump social media post as a justification for the protective order. The judge looks inclined for now to deal with the discovery issue on its own terms, but she could take up Trump’s conduct outside of court at any time.
- While Trump’s legal team was complaining about not having enough time to prepare a response to the government’s motion, new Trump lawyer John Lauro did manage to pull a full Ginsburg: appearing on all FIVE Sunday TV news programs. (For those not old enough to remember what a “full Ginsburg” is, a brief explanation from a very pre-9/11 world.)
- Smith is moving very quickly to provide Trump with discovery. Usually defense counsel are eager to get it. In this case, the main defense strategy is delay, so even though Smith is prepared to provide significant chunks of discovery much earlier in the case, the defense team is finding ways to slow-roll the proceedings.
In short, this kerfuffle doesn’t amount to a whole lot, but it does give an early taste of the tenor and tone of the proceedings and of the aggressive, quick-fire response strategy Jack Smith’s team is prepared to use.
Don’t Get Snookered
In general, Morning Memo isn’t going to give much attention to purported legal defenses or strategies that Trump and his surrogates raise publicly. If Trump through his lawyers commits to those defenses through actual legal filings, that’s a whole different story.
Trump claiming he will seek a change of venue to West Virginia or Timbuktu? Whatever. Trump’s lawyers moving for change of venue? Morning Memo will be on it.
Morning Memo won’t be led around by the nose on the basis of Trump’s rantings and ravings about things his legal team refuses to adopt formally.
Good Catch
- TPM’s Josh Kovensky: John Eastman Reiterates Support For Full Insurrection
- Follow-up By TPM’s Josh Marshall: John Eastman Comes Clean: Hell Yes We Were Trying to Overthrow the Government
Smart Reads
- Charlie Savage: How Jack Smith Structured the Trump Election Indictment to Reduce Risks
- Philip Bump: ‘Defense du jour’: Trumpworld’s whatever-it-takes approach to indictment
Trump Pleads Not Guilty Again
Just a quick note that Trump has waived his appearance and pleaded not guilty to the superseding indictment in the Mar-a-Lago case.
Trump Drops Georgia Lawsuit
Former President Donal Trump dropped his lawsuit trying to block Atlanta District Attorney Fani Willis’ investigation of his 2020 election interference efforts.
Rudy, Rudy, Rudy
The Messenger: Judge Orders Giuliani to Clarify ‘Puzzling’ Admissions About Smears of Georgia Election Workers
You Okay, Ron?
Florida Gov. Ron DeSantis (R) finally comes around to calling Trump’s 2020 Big Lie false.
SCOOP!
The NYT blows the lid off Supreme Court Justice Clarence Thomas’ 1999 purchase of a used top-of-the-line luxury RV.
Must Read
TPM’s Hunter Walker: Multimillion-Dollar ‘Disinformation Campaign’ Seeks To Make Ohio’s Big Abortion Vote About ‘Sex Change’ Operations
Big Deal
The conservative Fifth Circuit Court of Appeals has struck down Mississippi’s lifetime ban on voting for some felons as a violation of the Sixth Amendment’s bar on cruel and unusual punishment.
Good Read
NYT: A Global Web of Chinese Propaganda Leads to a U.S. Tech Mogul
Ya Don’t Say?
HuffPost: Richard Hanania, Rising Right-Wing Star, Wrote For White Supremacist Sites Under Pseudonym
Milestone
Installation is set to begin this week on the country’s first commercial-scale offshore wind farm, located in the Atlantic about 15 miles south of Nantucket and Martha’s Vineyard. Each wind turbine is enormous: 814 feet high, with a 722-foot rotor and 351-foot blades.
Welcome Back, Voyager 2

NASA was able to reestablish contact with the 45-year-old space probe after a mistaken instruction pointed its antenna in the wrong direction.
Like Morning Memo? Let us know!
Jan. 6 Panel Members Slam Trump Lawyer’s Assertion That Client Merely Committed A ‘Technical Violation Of The Constitution’
Two lawmakers who served on the Jan. 6 select committee slammed Donald Trump’s lawyer John Lauro’s argument, made on MSNBC’s Meet The Press over the weekend, that his client, the former president, simply committed a “technical violation of the Constitution” but did not break any criminal laws when he pressured then Vice President Mike Pence to stop the 2020 electoral count.
Continue reading “Jan. 6 Panel Members Slam Trump Lawyer’s Assertion That Client Merely Committed A ‘Technical Violation Of The Constitution’ “Bullied By Her Own Party, a Wisconsin Election Official’s GOP Roots Mean Nothing in Volatile New Climate
This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.
Margaret Rose Bostelmann’s ideals are clear from one glance at her well-kept ranch-style house in central Wisconsin.
A large American flag is mounted near the front door, and a “We Back the Badge” sign on her front lawn announces her support for law enforcement. Bostelmann, a Wisconsin elections commissioner, said she voted for Donald Trump in 2020 and added: “I will always vote Republican. I always have.”
But her fellow Republicans have exiled her and disparaged her, sought to upend her career and, on this day in July, brought the 70-year-old to tears as she discussed what she’s been through over the last several years because she refuses to support false claims that Trump won the state in the 2020 presidential election.
Bostelmann, who goes by Marge, previously served for more than two decades as the county clerk in Green Lake County, overseeing elections without controversy. But two years into her term in a Republican slot on the Wisconsin Elections Commission she became a target, denounced and disowned by the Republican Party of Green Lake County, which claimed she had failed to protect election integrity in the state.
Now a suit filed in June by a Wisconsin man who promotes conspiracy theories about election fraud seeks her removal from the commission. Citing her estrangement from the county party, the suit claims she’s not qualified to fill a position intended for a Republican.
The elections commission, which has an equal number of Republican and Democratic members, has faced an onslaught of discredited claims about election fraud in Wisconsin. The most recent drama involves the commission’s nonpartisan administrator, Meagan Wolfe, whose term is expiring and whose future in the role is in doubt. After the three Republican members of the commission supported Wolfe in a June vote, Republicans in the state legislature made it clear they wanted to find a way to get rid of her.
The Republican clashes in Wisconsin exemplify ongoing discord seen across the country, with elections officials shunned, berated and even driven away by members of their own party over their defense of the integrity of the 2020 election.
In Hood County, Texas — a solid red block in a red state — hard-line Republicans successfully pushed for the resignation of the elections administrator, even though Trump won 81% of the vote in the county. In Surry County, North Carolina, where Trump also won overwhelmingly, the Republican elections administrator was threatened with firing or a pay cut for refusing to give a GOP party leader access to voting equipment to conduct a forensic audit. And in Clare County, Michigan, officials are considering possible charges against a GOP activist accused of kicking the party chair in the groin.
The Wisconsin Elections Commission has been sued by numerous parties, verbally attacked by voters and earmarked for elimination by GOP lawmakers. It has survived only because a Democrat still occupies the governor’s office and wields veto power.
In an April survey of local election officials nationwide, the Brennan Center for Justice, an independent, nonpartisan law and policy organization, found that nearly one in three reported being abused, harassed, or threatened because of their job.
In a rare interview, Bostelmann wept at one point. For the most part, though, she was defiant, insisting the 2020 election was not stolen by Joe Biden.
“I’m a Republican who stands up for the truth and not for a lie,” Bostelmann said. And she predicted the latest legal gambit, which seeks her removal, would fail.
Don Millis, the Republican who chairs the Wisconsin Elections Commission, also has expressed frustration with the election conspiracy theorists. At the commission’s June meeting, he said he considered some of the agitators to be “grifters” who are conning people of goodwill into thinking there is something wrong with the election system.
“It’s not about winning or preventing fraud,” he said of the conspiracy theorists’ motives. “It’s about getting publicity or attention. It’s about grifting, convincing others to donate to their cause.”
In a recent interview with ProPublica, Millis said he was referring to a small set of people he believes are trying to raise money by spreading lies through social media or newsletters. “There are many people who believe them, who don’t know any better,” he said.
From Fraudster to Fraud Investigator
The man who brought the suit against Bostelmann is Peter Bernegger, grandson of the founders of Hillshire Farm, the Wisconsin deli meat and sausage company. Now 60, Bernegger has described himself as a “data analyst” and an “independent journalist.”
He has engaged in relentless — and so far futile — legal efforts to prove fraud in the 2020 election. This mirrors a different kind of legal fight from earlier in his life: trying to overturn his own fraud conviction.
A 2008 indictment accused Bernegger and a business partner in Mississippi of deceiving investors, bilking them of $790,000 in various ventures — including the development of a gelatin, intended for pharmaceutical or cosmetic companies, made from the carcasses of catfish. A federal jury acquitted the partner, who has since died, but convicted Bernegger of mail and bank fraud. He was sentenced to 70 months in prison and ordered to pay nearly $2.2 million in restitution.
Bernegger overwhelmed the courts with claims to clear his name, alleging procedural errors, insufficient evidence, judicial bias, ineffective counsel, violations of his constitutional rights and other misconduct.
“Mr. Bernegger, you file an awful lot,” said U.S. District Court Judge William Griesbach of Wisconsin. “Just let me say that. You file so many things. And in all honesty, I don’t have time to keep up on it all.”
Though most of his claims failed, Bernegger did succeed on one front: He got his restitution reduced to roughly $1.7 million. Ordered in 2019 to get a steady job to make payments on the debt, Bernegger testified that he had limited options.
He said his health was too poor for him to be able to lift heavy objects, drive a truck or operate heavy equipment. “I work odd jobs, a wide variety of them. And it is cash, but it’s legal,” he explained.
When ProPublica reached Bernegger by phone for this story, he immediately hung up. He did not respond to letters and emails seeking comment.
Much of his energy, it appears, is now devoted to stoking doubt about election integrity. In his social media posts and podcast appearances, he has railed against Wolfe, the Wisconsin elections commission administrator, while repeating sweeping, unsubstantiated claims about problems in voting systems across the country. Along the way, he has made alliances with like-minded individuals beyond his home state.
Bernegger has ties to Omega4America, a website promoting a super-fast computing method to identify fraud by matching voter data with property tax records and other large databases. The site solicits donations to a nonprofit called Election Watch Inc.; Bernegger founded a tax-exempt organization with that same name in 2022.
The Texas Tribune has reported that the Omega4America project was initially funded by MyPillow CEO Mike Lindell, a conspiracy theorist close to Trump. Omega4America makes glowing claims about programming marketed by Texan Jay Valentine as a powerful tool that could replace the Electronic Registration Information Center, or ERIC, a multistate consortium that ferrets out duplicate voter registrations across states. ERIC has been the subject of heavy criticism from conservatives who believe its work identifying unregistered voters for states bolsters the rolls for Democrats.
In a podcast, Bernegger mentioned that he has access to the “Valentine fractal programming system” as he seeks to uncover voter fraud. Valentine, who is listed on the Omega4America website as the site contact, declined to discuss his work or Bernegger, telling a ProPublica reporter: “I have nothing to say to you.”
In an April episode of a podcast called The AlphaWarrior Show, Bernegger said he’s now part of a team of 10 scouring federal campaign data for oddities. He named James O’Keefe as a member of that team. O’Keefeis the former head of Project Veritas, a conservative group known for secretly recording liberal organizations, and has a new media company that encourages “citizen journalists” to investigate election fraud. ProPublica’s attempts to reach O’Keefe for comment were unsuccessful.
Toward the end of the AlphaWarrior podcast, the host urged viewers to “smash” the blue donate button on an Election Watch website to show support for Bernegger and his team.
“It means we sacrifice a movie or a fancy dinner and we throw a couple dollars their way,” he said.
“I Don’t Know That I’d Be Welcome”
Marge Bostelmann still doesn’t fully understand how it got to this point, how she became such a target of Bernegger and others, including people she once thought held similar values.
But she does know that things in Green Lake began to change in 2020, during Trump’s reelection bid. Bostelmann said she stopped paying membership dues to the county party after the party chair became critical of her and of the way the 2020 election had been run in Green Lake County by her successor.
By November 2021, as conservatives carried out investigations into voting accommodations made in Wisconsin during the pandemic — including the use of drop boxes and allowing unsupervised absentee voting in nursing homes — Bostelmann and others on the elections commission came under attack for their votes shaping those procedures.
Kent McKelvey, the Green Lake County GOP chair at the time, issued a press release saying Bostelmann’s actions on the Wisconsin Elections Commission “do not reflect the principles, values and beliefs of the Green Lake County Republicans, in this case, supporting the proper enforcement of the law and of election integrity.”
The press release said flat-out that “Ms. Bostelmann is no longer a member of the Republican Party of Green Lake County.” McKelvey did not respond to requests for comment.
The snub hurt. Bostelmann, a former foster parent who knows many local Republicans through her activities with her church and the Rotary Club, said she stopped attending many local GOP events. “I don’t know that I’d be welcome,” she said.
Even as efforts to prove fraud in Wisconsin fizzled, the pressure on the commission remained intense. Powerful Republicans in the state Senate called for Wolfe’s ouster, blaming her for what they saw as regulatory overreach by the commission, though in her role she carries out the orders of the six voting members.
Prior to the commission’s key June vote on Wolfe, Bostelmann said, she received a disturbing phone call from an acquaintance who had been critical of Wolfe. “The patriots would not be happy” with her, she was told, if she backed Wolfe. Bostelmann took that as a threat.
Still, she and the panel’s two other Republicans voted to reappoint Wolfe. Bostelmann defended Wolfe publicly at the June meeting, saying the administrator had been unfairly targeted “as the scapegoat” by people dissatisfied with the commission and the outcome of the 2020 election.
In a tactical move, Democrats abstained from voting, leading to a final tally of three yes votes. That appeared to mean that the panel did not have the requisite four votes to send the matter to the state Senate for final consideration, and it was widely thought Wolfe would continue in her post because of the impasse.
But the Senate, surprisingly, decided the three affirmative votes were enough for it to take up her nomination. Wolfe’s reappointment is now pending before the Senate elections committee. No public hearing or vote has been scheduled.
Lawsuits are expected, though for now she remains on the job.
“Some judge will tell us who our administrator is. That’s my guess,” said the commission chair, Millis, a tax attorney who favored retaining Wolfe.
Like Bostelmann, Millis has been the target of Bernegger, who on Twitter has ranted about Millis ignoring election system problems, referring to him as “Blind Don.”
Robert Spindell, the third Republican member of the commission, said he hasn’t been chastised for his renomination of Wolfe. He said he thought it best that the Senate take up the matter. “I haven’t had anybody call or criticize me,” he said, noting: “Most of the people I know on this election stuff are not shy.”
Through a spokesperson, Wolfe declined a request for an interview.
Bernegger’s suit against Bostelmann demands that the circuit court remove her from her seat on the commission, citing the disavowal from Green Lake County Republican Party. “She cannot prove she is a member of the Green Lake County Republican Party and is otherwise qualified to hold the designated Republican seat,” he wrote.
The statute that governs commission appointees does not specifically require them to be dues-paying party members.
Records show Bernegger has bombarded the Wisconsin Elections Commission with official complaints and demands for data, often accompanied by threats of legal action and accusations of criminal conduct. In one email he referred to a commission staffer as a “prick.”
“Please note that I am becoming increasingly uncomfortable with this individual’s erratic behavior that is directed at myself, our staff and local election officials,” Wolfe wrote to the commission in October 2022. In May of this year, Wolfe told the commission Bernegger made her feel “incredibly unsafe” when he noted her home address in bold in an email to the commission and called her a “pathological liar.”
The commission fined Bernegger $2,403 in March 2022 for filing frivolous complaints. Records show commission staff have, at times, forwarded his correspondence to the Wisconsin Department of Justice.
On July 7, the Wisconsin Department of Justice’s Criminal Investigation Division served Bernegger with a letter at his home in New London, stating that his actions could reasonably have made Wolfe and others at the commission feel “harassed, tormented or intimidated.” It warned that he could be arrested for stalking if he continued his behavior.
One of Bernegger’s lawsuits over records against the commission is still ongoing.
He has also sued officials in Dane, Door, Grant, Marathon, Milwaukee and Ozaukee counties, the town of Hudson, the city of Hudson, the city of Milwaukee and the town of Richmond in Walworth County. The suits are related to broad public record requests he made for absentee ballot applications, images of ballots, router logs and other materials and involve disputes over costs and access. While many of those have been dismissed, four are still pending.
“We’re all trying to do our jobs to the very best of our abilities. It makes it difficult when we are constantly being undermined and questioned,” said Marathon County Clerk Kim Trueblood. Her office provided Bernegger with some information when he inquired but denied him certain documentation that Trueblood said was exempt from release. He sued, but a judge dismissed the case.
Another clerk, Vickie Shaw of the town of Hudson, said she had to go to court three times to deal with a Bernegger suit over records. A judge threw out the case, Bernegger appealed, and it was tossed again.
Before Bernegger’s suit, Shaw had quit in 2021, finding the job too burdensome and confrontational. But she returned the following year because, she said, the town “didn’t have anybody to run the April election.”
Bostelmann expressed dismay with Bernegger’s tactics against her and the other election clerks.
“It’s bullying is what it is. It’s truly bullying,” she said. “It’s almost like they are trying to get people who are knowledgeable, and do a good job, to quit to have people who don’t know how to do the job to come in.”
John Eastman Comes Clean: Hell Yes We Were Trying to Overthrow the Government
I want to return to this revelatory interview with co-conspirator John Eastman, the last portion of which was published Thursday by Tom Klingenstein, the Chairman of the Trumpite Claremont Institute and then highlighted by our Josh Kovensky. There’s a lot of atmospherics in this interview, a lot of bookshelf-lined tweedy gentility mixed with complaints about OSHA regulations and Drag Queen story hours. But the central bit comes just over half way through the interview when Eastman gets into the core justification and purpose for trying to overturn the results of the 2020 election and overthrow the constitutional order itself. He invokes the Declaration of Independence and says quite clearly that yes, we were trying to overthrow the government and argues that they were justified because of the sheer existential threat America was under because of the election of Joe Biden.
January 6th conspirators have spent more than two years claiming either that nothing really happened at all in the weeks leading up to January 6th or that it was just a peaceful protest that got a bit out of hand or that they were just making a good faith effort to follow the legal process. Eastman cuts through all of this and makes clear they were trying to overthrow (“abolish”) the government; they were justified in doing so; and the warrant for their actions is none other than the Declaration of Independence itself.
Continue reading “John Eastman Comes Clean: Hell Yes We Were Trying to Overthrow the Government”A Brief History Of The Ku Klux Klan Acts: 1870s Laws To Protect Black Voters, Ignored For Decades, Now Being Used Against Trump
This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.
In the indictment against former President Donald Trump and his role in the Jan. 6 violent attack against the U.S. Capitol, special prosecutor Jack Smith charged the former president with violating four different federal laws – and Trump pleaded not guilty to each one of them on Aug. 3, 2023.
Three of the charges in United States of America v. Donald J. Trump are fairly easy to understand. They require a jury to determine whether Trump tried to overturn the lawful results of the 2020 election and if he knowingly conspired to obstruct the certification of results on Jan. 6, 2021, all in an attempt to remain in the White House.
But the fourth charge against Trump – of conspiring against the rights of the voters to cast ballots and have them fairly and honestly counted – is more complicated, and it comes from a dark time in U.S. history.
As a historian who studies and writes about democracy and the American South, I believe the 1870s have something to teach us about the fourth count in the Jan. 6 case against Trump.
Ku Klux Klan Acts
The indictment asserts that Trump knowingly conspired “to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States – that is, the right to vote, and to have one’s vote counted.”
That quote comes from a series of laws enacted in the 1870s called the Ku Klux Klan Acts. They are officially known as the Enforcement Acts because they empowered the federal government to enforce the Civil War amendments – the 13th, 14th and 15th amendments that freed enslaved people and guaranteed equal protection of the laws and the right to vote.
As the Brennan Center for Justice points out, in the 20th century the Supreme Court has ruled that all sorts of election infringements violate the Enforcement Acts, including stuffing ballot boxes and bribing voters. A suspect doesn’t have to commit violence against Black voters to violate the law.

Retreat from democracy
When the Ku Klux Klan tried to steal the 1872 presidential election by killing and intimidating newly enfranchised Black men, federal troops swooped into South Carolina and arrested hundreds of Klansmen. The Department of Justice secured convictions in 140 cases by using the law that is being used to prosecute Trump.
Congress had to expand the attorney general’s staff into an entire department of government to handle the excessive case load.
The Klan prosecutions worked.
The 1872 election was relatively free and fair. In South Carolina, where the Black population outnumbered the white population, President Ulysses Grant, who had commanded the Union Army in the Civil War and led it to victory over the Confederacy, won with 75% of the vote.
After Grant was reelected, many champions of Black rights lapsed into what historians often characterize as a moral fatigue. According to historian Eric Foner’s “Reconstruction: America’s Unfinished Revolution,” a “resurgence of overt racism” in the North triggered a “retreat from Reconstruction.”
The turning point was at Colfax, Louisiana.
Just before Easter in 1873, federal soldiers steamed up Louisiana’s Red River to investigate reports of yet another wave of white terrorism against Black citizens.
As later described by Col. T.W. DeKlyne, as the soldiers approached the town of Colfax, they saw neglected neglected crops and abandoned farmhouses. They followed a trail of corpses to the charred, smoking remains of the courthouse, whose grounds were strewn with more dead bloating in the sun. Some were burnt. Others had been shot, execution style, in the back of the head.
In his history of the Colfax massacre, journalist Charles Lane estimated that between 62 and 81 Black men were killed, most after they surrendered to the white militia.
Despite the bloodshed, Louisiana officials did nothing to hold the murderers accountable.
But federal attorneys indicted 98 men. Nine stood trial, including one William Cruikshank, who Lane described as the “burly, self-confident” plantation owner who had supervised the executions.
Cruikshank was convicted not of murder but of the federal crime of conspiring to violate the civil and voting rights of Americans – the same crime that Trump is charged with.
The case was appealed to the Supreme Court, where justices heard all sorts of arguments on the authorities of state and federal governments to enforce voting rights laws. But the real issue was whether the federal government, 11 years after the end of the Civil War, still had the will to protect the civil rights of Black people.

The Supreme Court set William Cruikshank free, and white supremacists established racist regimes in every Southern state for nearly 100 years thereafter.
According to Nicholas Lemann, professor emeritus at Columbia University, the Civil War did not end in 1865 at Appomattox Court House – the Virginia village where Confederate Gen. Robert E. Lee surrendered his forces to Union Gen. Ulysses S. Grant.
The last battle, he contends, was fought at Colfax, and the South won. The South staged unfair elections for the nearly the next 100 years. Not until the Voting Rights Act of 1965 did the federal government signal it would force states to hold free and fair elections.
Civil War amendments today
The latest retreat by the Supreme Court from defending Black civil rights might have begun in 2013, in its Shelby County v. Holder ruling, in which the justices abolished a key part of the 1965 Voting Rights Act that ensured federal oversight of voting rules in areas with a history of discrimination. The 5-4 majority held that states could be trusted to guarantee citizens’ voting rights.
Writing in dissent, Justice Ruth Bader Ginsburg compared enforcing the Civil War amendments to “battling the Hydra,” the multiheaded monster that sprouted new heads after one was defeated.
In North Carolina, for instance, the Republican lawmakers tried to put what is known as the “independent state legislature theory” into practice. That theory holds that state legislatures are the supreme authority in federal elections.
But in the Moore v. Harper case, Chief Justice John Roberts disagreed and wrote in the 6-3 majority opinion on June 27, 2023, that the “federal court must not abandon their own duty to exercise judicial review” over elections.
Given this long history of advance and retreat, it’s not surprising, then, that special counsel Jack Smith, in his use of a law to prosecute Trump that dates back to the Reconstruction Era’s laws protecting the Black vote, has reasserted the Department of Justice’s power to enforce the Civil War amendments.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
Is Dead Bounce Ron Going YOLO?
There’s a big flutter in GOP primary election news today that Dead Bounce Ron (formerly known as Ron DeSantis) is edging his way up to denouncing the Big Lie. In Iowa today he declared that “all those theories that were put out did not prove to be true” and, even worse, that they were “unsubstantiated.” TPM Reader AB told me it could be a tipping point: “If the other candidates finally call Trump out as a loser, and he has to run on the lame ass claim he actually won within his own party, it could pierce his armor.” While noting that it could just be wishful thinking, he insisted that “once Trump gets branded a loser by members of his own party he could go down fast.”
As you’ll see from the first quote, DBR leveled the accusation in the passive voice, both substantively and grammatically. He didn’t even use the guy’s name! Indeed, as per usual, the purported swipes at Trump tell us not so much about any true slackening of Trump’s domination but rather the vast extent of it.
Continue reading “Is Dead Bounce Ron Going YOLO?”