#Robert b. Hubbell Newsletter
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Sign of the Day... in Greenwich Village...
(Mary Elaine LeBey)
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Kamala Harris meets the moment!
September 11, 2024
Robert B. Hubbell
Kamala Harris’s debate performance exceeded the unfair and asymmetrical expectations imposed on her by the press and pundits. She was terrific—in command of the facts, unfazed by Trump's bluster, personable, sincere, and likable but strong. That is a difficult mix to maintain in the face of a torrent of lies shouted by a bully who could not be controlled by the moderators. For those who were worried about the possibility that Kamala Harris would somehow stumble and harm her electoral prospects, put those worries aside. The reverse happened. She soared while Trump collapsed into his hollow shell.
Kamala Harris was confident and at ease. Trump sputtered and dodged in a futile effort to avoid answering the moderators’ questions.
I was struck by judgments delivered during the debate by two preeminent historians. I follow both Heather Cox Richardson and Michael Beschloss on Twitter. Near the end of the debate, the historians posted the following comments, which encapsulated the debate for me:
Heather Cox Richardson: “Trump is proving world leaders like him by citing Viktor Orban. Dear heavens. She is walking him like a poodle.” Michael Beschlossos: “From start to end, Kamala Harris has just delivered what is easily one of the most successful Presidential debate performances in all of American history.”
First, I hope HCR writes a book or starts a rock band with the name, “Walking Him Like a Poodle.” HCR’s comment gets to the pith of the debate: Kamala Harris was in charge, leading Trump into traps he knew were traps but could not avoid. In the instance cited by HCR, VP Harris chided Trump, saying that world leaders laugh at him and military leaders believe he is a “disgrace.” Trump responded by citing Viktor Orbán as a leader who respects him. As HCR said, “Dear heavens.” Trump was outmatched and outclassed—bigly.
Michael Beschloss’s comment is significant because it ranks Harris’s performance in the historical context of presidential debates. The precise ranking of her performance matters less than the fact it will be near the top, according to one of the nation’s preeminent historians.
There is too much to cover in tonight’s newsletter, so I will focus on the major newsworthy positions revealed in the debate. I will return later in the week to additional subjects when transcripts and analyses are available. Of note:
Harris presented herself as a candidate offering “generational change.”
Harris advocated for the middle class and small businesses.
Harris promised to sign a bill enacting the protections of Roe v. Wade.
Harris promised to sign the border bill that Trump convinced Republicans to kill.
Harris promised to reinstitute the child tax credit and institute a $6,000 credit for families with newborns
Trump refused to acknowledge that he lost the 2020 election.
Trump refused to express any regret for anything he did or failed to do regarding the January 6 insurrection.
Trump refused to say whether he would veto a national abortion ban.
Trump repeatedly claimed that Democrats advocate for the execution of babies after birth.
Trump refused to say why he urged Republicans to defeat the border bill.
Trump claimed that tariffs are “taxes on foreign nations.”
Trump refused to say whether he hoped Ukraine would defeat Russia war of aggression.
Trump said he didn’t have a plan for healthcare after nine years but has only “concepts for a plan.”
Trump repeated a racist slur that Haitian migrants are stealing and eating pets them in Springfield, Ohio.
No one who watched the debate could believe anything other than the fact that Kamala Harris is smart, capable, and up to the challenge of serving as president and commander-in-chief. Moreover, the debate served as a hyper-charged “media interview”—complete with hostile questions and an obnoxious heckler.
One of the first commentators to publish a review of the debate is David Frum in The Atlantic, How Harris Roped a Dope | She stayed human when Trump went feral. Per Frum,
Vice President Kamala Harris walked onto the ABC News debate stage with a mission: trigger a Trump meltdown. She succeeded. Former President Donald Trump had a mission too: control yourself. He failed. Trump lost his cool over and over. Goaded by predictable provocations, he succumbed again and again. Trump was pushed into broken-sentence monologues—and even an all-out attack on the 2020 election outcome. He repeated crazy stories about immigrants eating cats and dogs, and was backward-looking, personal, emotional, defensive, and frequently incomprehensible.
One final note: During the debate, I received outraged emails from readers about the moderators' failure to control Trump or treat Kamala Harris fairly. While true, let’s not make the debate about the moderators. That is what Republicans are doing tonight—to avoid talking about Trump's meltdown. Let’s focus on Kamala Harris’s ability to show Americans that she is up to the job of being president. That’s the story; let’s not bury the lead.
[Robert B. Hubbell Newsletter]
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You must watch / read this.
I hope you watched David Muir’s interview with President Biden, linked here [Remarks by President Biden Commemorating the 80th Anniversary of D-Day | Collevile-sur-Mer, France]. If you did, you know that Joe Biden is on top of complex issues and has a command of the facts. Now watch (or read) the following exchange (posted on Twitter by Decoding Fox News on X).
In the video clip, a Fox interviewer asks Trump, “What is your relationship with God like, and how do you pray?”
Here is Trump’s answer (transcribed by me from the video; please excuse any errors in capturing Trump’s word salad). Remember, the question is: What is your relationship with God like, and how do you pray?” Let’s see how well Trump answers that question:
Okay, so I think it’s good. I do very well with the evangelicals. And I have more people saying they pray for me. I can’t even believe it. And they are so committed, and they are so believing. They say, “Sir, You’re gonna be okay. I pray for you every night.” I mean everybody. Almost, I can’t say everybody, but almost everybody that sees me, they say, it’s such a beautiful thing. You know, what’s a beautiful thing too? When you look at all of this bad stuff going on, they have nothing to look up to, they have no God, they have no anything. They kill people, they beat people, they push people into subways. So, there’s just nothing there. Religion is such a great thing. It keeps you … you know, there’s something to be good about. You want to be good. You want to …it’s so important, and I don’t know if it’s explained right. I don’t know if I’m explaining it right. But when you have something like that you want to be good. You want to go to heaven. Okay? You want to go to heaven. If you don’t have heaven, you almost say, “What’s the reason? Why do I have to be good? What difference does it make?”
The question was, “What is your relationship with God like, and how do you pray?”
Did Trump answer the question? No. He doesn’t believe in God, much less pray to God. So he threw spaghetti against the wall in the hope that no one would notice that he has no inner spiritual life.
More importantly, Trump’s syntax and thought process demonstrate a seriously disordered mind incapable of stringing together more than five or six words at a time before suddenly shifting to a new thought.
And this is the man to whom many evangelical Christians have tied their fate and that of their nation—not to mention their souls and salvation (within their belief framework).
[Robert B. Hubbell Newsletter]
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Your mother has a tiny dick asshole
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February 4, 2025
ROBERT B. HUBBELL
FEB 4
LISTEN TO POST · 18:52
With the benefit of 48 hours to organize, we are beginning to see strong signs of resistance from grass-roots groups, congressional Democrats, and a few media outlets as they challenge the unfolding coup driven by Musk for Trump. This is welcome news, indeed!
[After proofreading this newsletter, I realized that I “buried the lead.” Here it is: There is a protest in D.C. on Tuesday at 5 p.m. in front of the Treasury Building, organized by MoveOn and Indivisible. See article below or just sign up here.]
I start with a quick note about the continued reluctance to recognize what is happening as a coup. Jen Psaki on MSNBC referred to the events as a “hostile takeover of the government.” In 100% of the other instances of a “hostile takeover of a government,” Jen Psaki would call it a “coup,” but apparently, special rules apply to Trump.
Likewise, the New York Times published a well-researched, exhaustive article (accessible to all, here) that details the dozens of actions taken by Musk and Trump to overthrow the Constitution. But that 75-paragraph article does not use any of the following words: “legal, illegal, Constitution, unconstitutional, or coup.” The strongest description of Trump's actions the NYT reporters could muster is this cold sauce:
Mr. Musk’s aggressive incursions into at least half a dozen government agencies have challenged congressional authority and potentially breached civil service protections.
Although the facts constituting the coup are contained within the four corners of the NYTimes’ article, the reporters can’t rouse themselves to speak the truth about what is happening. So, the NYTimes’ reporters get an “A+” in “Homework” but a “D-“ in “Citizenship.”
Apart from independent commentators on BlueSky, Substack, and YouTube, no one in the mainstream press has called Trump's actions a “coup.” (Notably, Timothy Snyder did so in his Substack article, The Logic of Destruction.” Snyder includes the following, “All of this work was preparatory to the coup that is going on now.”)
But The Guardian broke ranks with the legacy media on Monday with an editorial entitled, “The Guardian view on Donald Trump’s power grab: a coup veiled by chaos.
The Guardian editorial board writes,
Donald Trump is provoking a US constitutional crisis, claiming sweeping powers to override or bypass Congress’s control over spending in a brazen attempt to centralize financial power in the executive branch. If he succeeds, Nobel laureate Paul Krugman warns, it would be a 21st-century coup – with power slipping from elected officials’ hands. The real story hidden behind the president’s trade war, he says, is the hijacking of government. And Mr Krugman’s right.
We need to raise the alarm if we expect our leaders to respond vigorously and urgently to the dagger aimed at the beating heart of our democracy—the Constitution. It’s a coup. Say its name. It’s not an outrage. It’s not a hostile takeover. It’s not a “challenge to congressional authority.” It is a coup that seeks to neutralize the framework of checks and balances carefully crafted by the Framers.
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Posted some links that I was following a while back. Here are some more.
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Trump's legal and money problems get worse.
Trump pleaded poverty to a NY appellate court on Wednesday, arguing that he didn’t have the money to obtain a bond to prevent collection on the half-billion-dollar civil fraud judgment. On Friday, Trump posted a statement on Truth Social claiming that he did, in fact, have $500 million to obtain a bond. See AP, Trump says he has nearly $500 million in cash but doesn't want to use it to pay New York judgment.
It doesn’t matter whether Trump is lying about having a half billion dollars in cash. By claiming he does, the New York appellate court is unlikely to grant Trump relief from posting the bond. NY AG Letitia James can begin executing the judgment at the close of business on Monday.
There is a point to this development beyond Trump undermining his legal defense. It is another illustration of Trump's inability to control his rage when his ego is involved. And his ego will be on the line again and again through November—both because of his legal jeopardy and his faltering performance on the campaign trail.
It appears that Democrats are paying close attention to Trump's descent into madness and rage. Biden’s stump speech now has a section mocking Trump's claim that he is broke, which is likely to provoke Trump into making more unforced errors.
One potential wildcard for Trump is his ability to pull money out of a security offering by Truth Social’s new parent company.
While Trump may eventually be able to sell some securities in the parent company and generate cash, that is a complicated and uncertain process. Jay Kuo does a nice job of explaining the mechanics of such a sale. More importantly, Kuo points out the potential for corruption and foreign manipulation of a president whose finances are tied to a stock that has no inherent value. See Jay Kuo on Substack, Status Kuo, The Publicly-Traded Presidential Candidate.
However, the public offering of Truth Social stock will likely be a curse for Trump. Being a controlling person in a public company is no picnic. Trump will be subject to a regulatory scheme and disclosures that do not apply to private citizens. Trump hates scrutiny of his finances. It makes it more difficult for him to lie.
[Robert B. Hubbell Newsletter]
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TFG’s sponsor needs to know.
#Robert B. Hubbell#Robert B. Hubbell Newsletter#TFG's financial problems#Jay Kuo#The Publicly-Traded Presidential Candidate#truth social
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MLK at 95.
January 15, 2024
ROBERT B. HUBBELL
Martin Luther King, Jr. was born 95 years ago on January 15, 1929. As a Baptist minister, he advocated non-violence while promoting civil rights. He spoke for the poor, the oppressed, and the disenfranchised. While he was imprisoned in a Birmingham jail for protesting segregation, he responded to eight white ministers who had criticized him for participating in protests that they described as “unwise and untimely.”
Dr. King’s famous reply to the white ministers explained why he traveled to Birmingham from Atlanta to protest:
I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly. Never again can we afford to live with the narrow, provincial outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider.
While Dr. King was keenly aware of the racism that served as the understructure of the Christian church in the old South, he would be shocked by the virulent, mean-spirited, anti-Christian message that animates many (not all) evangelical congregations in America today. They form the backbone of Donald Trump's support in Iowa and beyond. They have adopted Trump's message that treats the poor, oppressed, and disenfranchised as “outsiders” and “others” who do not belong in America.
Over the last several days, we have learned that members of the Texas National Guard physically blocked federal Border Patrol agents from responding to reports of immigrants in distress in the Rio Grande. The bodies of a mother and two children were later recovered from the river in the area where immigrants were reported to be in distress.
Texas, of course, denies that its cruel actions caused the drownings—a denial that should be viewed skeptically from a state whose governor—Greg Abbott—recently commented Texas troopers could not shoot immigrants crossing the border because the troopers would be charged with murder by the Biden administration. Texas governor criticized after comment about shooting migrants | The Texas Tribune.
Similar animus underlies the recent comments of Mississippi Governor Tate Reeves, who withdrew Mississippi from a federal program to provide food to school children during summer breaks. Governor Reeves said Mississippi withdrew from the program to fight “attempts to expand the welfare state.”
Blocking efforts to rescue a drowning mother and her children? Regretting the inability to shoot immigrants because it would be murder? Denying food to poor children out of spite? Who are these people? How do they look at themselves in the mirror?
Ninety-five years after Dr. King’s birth and fifty-five years after his death, it is difficult to believe that people who identify as upstanding members of the Christian church can support such actions.
Another section from Dr. King’s Letter from a Birmingham Jail is relevant to this moment in our nation’s history:
But the judgment of God is upon the church as never before. If the church of today does not recapture the sacrificial spirit of the early church, it will lose its authentic ring, forfeit the loyalty of millions, and be dismissed as an irrelevant social club with no meaning for the twentieth century. I meet young people every day whose disappointment with the church has risen to outright disgust.
Dr. King’s words were prophetic. See Pew Research (10/17/19) In U.S., Decline of Christianity Continues at Rapid Pace.
And, of course, as Dr. King recognized, “there are some notable exceptions” among church leaders who supported his work—just as there are exceptions today. Several readers have recommended Faithful America as an antidote to Christian nationalism. The organization’s helpful FAQ page explains why “Christian nationalism” is not Christian. See Resisting Christian Nationalism: FAQ + Resources | Faithful America.
On this day commemorating Dr. Martin Luther King Jr.’s birth, we can see how far we have come—and how much further we must go. He didn’t despair. Neither should we.
Robert B. Hubbell Newsletter
#MLK#David Horsey#political cartoons#Martin Luther King Jr#justice#equality#economic equality#Robert B. Hubbell#Robert b. Hubbell newsletter
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Committee Flops Like A Dead Fish
Robert Hubbell’s newsletter this morning covered a few important and encouraging topics, for those of us who are feeling a bit overwhelmed by the right-wing drama of late, both in the House of Representatives and in the State of Florida! Here is just one of the topics he covered … Democrats Fight Back! Robert B. Hubbell 7 March 2023 Democrats have been frustrated by the asymmetry between GOP…
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#"Weaponization of Government" committee#Democratic prebuttal#GOP lies#Jim Jordan#Kash Patel#Robert Hubbell
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Democrat Tom Souzzi wins in NY 3rd congressional district.
Tom Souzzi won the NY 3rd congressional district election to replace disgraced GOP ex-member of the House, George Santos. While Santos won by 7 percentage points in 2022, Souzzi won by approximately 8 percentage points in 2024—a swing of 15 points. By all measures, the outcome is a positive signal for Democratic prospects in November. But—on cue—talking heads are already explaining away Souzzi’s victory and predicting tough headwinds for Joe Biden. Don’t believe them.
Major media thrives on the counter-narrative, i.e., predictions of doom and gloom that seek to turn good news into bad and bad news into catastrophe. Here is a case in point: On Monday, CNN ran an article on the upcoming election in NY 3rd congressional district entitled, New York Democrats are worried about Tuesday’s special election. They have good reason to be.
The CNN article included the sub-headline “Democrats on the brink, and Republicans on the rise,” and predicted that the election would serve as a litmus test for Democratic prospects in November:
“The outcome (of the race) will be a measure of how the Democratic brand can affect races all over the country,” [Larry ] Levy [of Hofstra University] said. “If Suozzi can’t withstand the damage the Democratic Party has sustained over inflation, Israel and immigration, then I’m not sure who could.” [¶] Though no single contest . . . can claim to foretell what comes next in national politics, “Suozzi vs. Mazi” (it rhymes) comes awfully close.
CNN, which has recently turned Trump-curious, undoubtedly regrets claiming that the NY 3rd congressional election “comes awfully close” to predicting “what comes next in national politics.”
There is some truth in CNN’s statement. Speaker Mike Johnson and GOP vice-presidential nominee in-waiting Elise Stefanik campaigned hard for Suozzi’s opponent, hammering on immigration. Both Johnson and Stefanik should be rethinking their approach to immigration today.
We cannot become complacent because of Suozzi’s victory. Rather, the lesson is that we must replicate the enormous effort that went into securing Suozzi’s victory. Even CNN recognized that an army of grassroots volunteers helped Suozzi:
Grassroots progressive groups like Engage Long Island, which is part of the Indivisible network, have been feverishly knocking on doors – taking their case directly to like-minded neighbors. And Suozzi has massively outraised Pilip, taking in $4.5 million to her $1.3 million, according to Federal Election Commission filings that cover the beginning of October through January 24 of this year.
Tonight, we all owe a debt of gratitude to the grassroots volunteers at Indivisible, PostCardsToVoters (sent 202,236 fully handwritten postcards to Democrats in NY-03), Markers for Democracy, Swing Left, and dozens of other groups that did the hard work of getting out the vote to ensure victory! You are all heroes!
There will be much analysis of what this victory means, but none will be more reliable and salient than that of Simon Rosenberg at Hopium Chronicles. Simon played a key role in motivating grassroots volunteers to join the effort to elect Suozzi. I recommend that you check out Simon’s Substack blog on Wednesday. See Simon Rosenberg, Hopium Chronicles.
But the last word goes to the Biden Campaign, which released this statement:
Donald Trump lost again tonight. When Republicans run on Trump’s extreme agenda – even in a Republican-held seat—voters reject them. As we saw in 2020, 2022, . . . .
[Robert B. Hubbell Newsletter]
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What happens now? Judge Dearie will continue his review of the non-classified documents. We should expect that process will turn out badly for Trump. And then . . . sometime in 2023, we should expect an indictment of Trump for espionage.
“A reader asked in the Comments section yesterday whether the crime of espionage requires an intent to share the defense secrets with another party. It does not. Under Subsection (d) of the 18 USC § 793 (Espionage Act), if a person lawfully obtains possession of information harmful to the security interests of the United States (if disclosed), the person is guilty of espionage if he “willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it."
Thus, under the Espionage Act, there is no requirement of an intent to share the information with anyone. Continued possession of defense secrets after a demand for their return is espionage. That is why the DOJ will indict Trump.”
READ MORE https://roberthubbell.substack.com/p/a-good-day
88 Comments “This was quite a masterpiece Mr. Hubbell. I appreciate your excellent summary of events and the links to documents. I would also like to add Mr. Raskin's diatribe against the Republicans in the House yesterday. He gave them heck concerning the January 6 Select Committee. Here is the link:https://www.msn.com/en-us/news/politics/let-s-tell-some-truth-raskin-goes-scorched-earth-on-republicans-during-hearing-over-opposition-to-jan-6-committee/ar-AA126gqR#:~:text=View%20Profile-,%E2%80%98Let%E2%80%99s%20Tell%20Some%20Truth!%E2%80%99%20Raskin%20Goes%20Scorched%20Earth%20on%20Republicans%20During%20Hearing%20Over%20Opposition%20to%20Jan.%206%20Committee,-Michael%20Luciano%20%2D
Robert B. Hubbell 12 hr ago Author
“There is a DOJ rule against indicting within 69 days of an election. I suppose a November or December indictment is possible .”
“Is it possible for TFG to appeal the 11th Court's decion to the Supreme Court?” Robert B. Hubbell Author “Possible. Highly unlikely that the Court would grant review.”
“A terrific newsletter! To add frosting to the cake of Robert's excellent perspective, check out Lawrence Tribe's conversation Wednesday at the weekly Community Advocates/Jews United for Democracy and Justice. It's on YouTube at” https://www.youtube.com/watch?v=dAg9rT2csgc.
COMMENTS “And may I quote constitutional law scholar Laurence Tribe, who last night stated on a Zoom with Jews United for Democracy and Justice: "The recoking is coming for the president." (Former president!) I slept well.”
Legal expert reacts to Trump's inaccurate claim about declassifying
https://youtu.be/wAkvJPd1uoI
Attorney who sued Trump over real estate properties speaks out
CNN's Jim Sciutto and Poppy Harlow discuss the New York attorney general's lawsuit against Trump accusing him of business fraud with New York real estate attorney Adam Leitman Bailey. Bailey has sued Trump in the past over his real estate properties.
https://www.youtube.com/watch?v=1H_HZlL8cJg
Trump Seems To Think His Presidential Powers Continue
“Former Chief of Staff at the Department of Homeland Security Miles Taylor, former FBI counterintelligence agent Pete Strzok, former U.S. attorney Harry Litman, and Wall Street Journal Justice Department reporter Sadie Gurman react to Trump’s claim that he declassified documents just by “thinking” about it “
364,376 views Sep 22, 2022 https://www.youtube.com/watch?v=VDoIn23gyxg
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All over DC and NYC today
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Backstopping the courts!
February 11, 2025
Robert B. Hubbell
Here is the topline: Defenders of the rule of law are on a judicial winning streak. At the same time, it appears unclear whether Trump and Musk are complying with existing orders compelling them to cease their unlawful behavior. The ‘overwhelming question’ that confronts our democracy is, “What happens if Trump and Musk refuse to obey court orders?”
Legal analysts and political commentators are focusing on that question and often conclude their analysis with something like, “It will be a constitutional crisis.”
That is a highly unsatisfying and incomplete answer. None of the analysts or commentators mention the role of American citizens in pushing back against the ongoing billionaire coup. Yes, we may indeed end up with a constitutional standoff between the executive and the courts, but to pretend that the people have no say in the outcome is an oversight of profound dimensions.
As I wrote yesterday, a system in which the leaders claim to be exempt from the rule of law contains an inherent instability: If the rule of law does not apply to the leaders, it does not apply to the people. That is not a threat but an observation of how other nations have brought dictators to heel. Trump and Musk should, therefore, stop their lawless spree well short of mass action by citizens fed up with a lawless “government.”
The power of mass protests, strikes, stoppages, and boycotts will be particularly potent in America. The US is the largest economy in the world because its markets are stable, its political climate is (relatively) corruption-free, and the rule of law is enforced.
Business thrives on order, predictability, and risk management. If the rule of law is overthrown, business profits will take a nose-dive. The bond market is acting in an unnatural manner, suggesting a deep-seated suspicion that something bad may be happening. The markets are not worried only about Trump's tariffs increasing inflation. They are beginning to price in a risk premium for political instability. (That is my personal opinion based on reading the financial press; I am not an economist.)
Moreover, the full faith and credit of the US depend entirely on American citizens' belief that their tax dollars are spent under the system established in the Constitution—appropriations made by Congress through legislation, signed into law by the president, and implemented by the executive departments and agencies. If Trump and Musk break that system, it raises the obvious question: “What’s in it for the American taxpayer?”
I raise these points not to frighten anyone but rather to give us confidence by following the logic of the current crisis to its inevitable conclusion: The people will prevail.
Even if Trump and Musk lack the emotional intelligence or self-awareness to intuit that fact, the business community that is providing Trump a free pass at the moment is keenly aware of the consequences of breaking the social compact.
I don’t think the crisis will get that far because I believe those around Trump understand the consequences of “crossing the Rubicon” of disregarding court orders. But if it does get that far, I feel pretty good about the prospects of the American people in a political tug of war with Trump and Musk.
With that background, let’s look at how the major developments fit into the narrative.
Courts continue to enjoin illegal and unconstitutional actions by Trump and Musk
As noted above, those defending democracy and the rule of law are on a winning streak against Trump and Musk. But there is worrisome evidence that Trump and Musk are already disregarding court orders. See NYTimes, Judge Says White House Defied His Ruling, as Showdown with Trump Nears (Accessible to all.)
As explained in the Times article,
A federal judge said on Monday that the White House had defied his order to release billions of dollars in federal grants, marking the first time a judge has expressly declared that the Trump administration is disobeying a judicial mandate.
The ruling by Judge John J. McConnell Jr. in Rhode Island federal court ordered administration officials to comply with what the judge called “the plain text” of an ruling he issued on Jan. 29. That order, he wrote, was “clear and unambiguous, and there are no impediments to the Defendants’ compliance.”
The flicker of hope in the above description of the “freeze” lawsuit is that the DOJ is appealing Judge McConnell's ruling. It could have been otherwise; the White House could have simply announced that it was not going to abide by the ruling. The appeal from Judge McConnell's order may be the vehicle that brings the conflict to the Supreme Court.
But, to be absolutely clear, the White House did not say it would comply with Judge McConnell’s order, so the possibility remains that Trump is defying a binding court order as we speak. Time will tell.
Similar cases are trailing behind, including restraining orders or injunctions against executive orders purporting to take the following actions:
Trump's buyout offer to federal workers: USA Today, Judge blocks Trump buyout offer to federal workers.
Trump's massive cuts to healthcare grants (by limiting overhead to 15%). See Politico, Judge temporarily blocks Trump cuts to health research grants.
And new lawsuits are challenging other Trump executive orders:
Public Citizen filed a lawsuit seeking to block the shutdown of foreign aid: Politico, First lawsuit targets Trump’s foreign aid freeze.
A union has sued Trump to prevent the CFPB shutdown. See Axios, Union sues Trump admin over CFPB shutdown attempt and DOGE access
The takeaway is that these legal challenges are headed to the Supreme Court—if we are lucky. Getting to the Supreme Court means that (a) Trump is losing and (b) he recognizes that the courts have a role in resolving the disputes.
Trump expands his campaign of lawlessness and corruption
Trump is pillaging and burning his way through laws and agencies designed to protect consumers from deceitful, misleading, and dishonest practices by American businesses in the US and businessmen making deals abroad.
As noted above, Trump has effectively shut down the Consumer Financial Protection Bureau—an agency created and funded by Congress. Trump has no authority to unilaterally shut down an agency created by statute.
The unseemly end for the CFPB is bad for consumers. Very. See NBC, What's at stake for consumers as Trump officials target the CFPB (“Congress granted the CFPB the power to supervise banks with more than $10 billion in assets and to regulate lending by nonbank entities, including mortgage, auto, payday and private student loan issuers.”)
As the result of a CFPB rule, consumers saved $6 billion (not a mistake: $6 billion) in check overdraft fees charged by banks. The House Banking Committee has proposed legislation to eliminate that protection.
Trump has also announced suspension of enforcement of a federal anti-bribery statute that prohibits the use of bribes in securing foreign contracts. See The Independent, Trump orders Justice Department to stop enforcing foreign anti-bribery law.
In a truly stunning talking point on a White House “fact sheet” seen by The Independent, the Trump administration seemed to be giving the green light to bribes as a means of doing business overseas.
Per The Independent:
The fact sheet states the White House view that American corporations are disadvantaged by prohibitions on bribing corrupt foreign officials because such activity is common in international business transactions.
(Expletive deleted!) The American economy thrives partly because its markets are viewed as orderly and (relatively) corruption-free. If doing business in America includes bribing suppliers overseas, guess who will most assuredly lose: American consumers.
Bribing foreign producers will deter market-based behavior that rewards honest competition. Instead, the company most willing to engage in criminal bribery will win the contract. Unbelievable!
Speaking of encouraging bribery, Trump pardoned former Illinois governor Rod Blagojevich, who was convicted of soliciting bribes to fill Barack Obama’s seat in the Senate when Obama was elected president. See CBS Chicago, President Trump officially pardons former Illinois Gov. Rod Blagojevich. (“I didn't know him, other than I believe he was on 'The Apprentice' for a little while," said President Trump).
Even worse, Attorney General Pam Bondi ordered the US Attorney for the Southern District of New York to dismiss the federal indictment against New York City Mayor Eric Adams. See AP News, Top Justice Department official orders prosecutors to drop charges against New York Mayor Eric Adams. (“[I]n a remarkable departure from long-standing norms, [the DOJ argued] that the case was interfering with the mayor’s ability to aid the president’s crackdown on illegal immigration.”)
But here is a ray of hope amidst the sudden collapse of the legal profession in the Trump administration: The American Bar Association released a statement calling on lawyers to uphold the rule of law! Read the entire statement here: The ABA supports the rule of law.
The statement says, in part,
Moreover, refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co-equal branches of government. This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop. [¶¶] We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party or your views, change must be made in the right way. Americans expect no less.
Well done and well said! We need other organizations and leaders to follow the example of the ABA!
Robert B. Hubbell Newsletter
#Robert B. Hubbell newsletter#constitution#the US Constitution#Robert B. Hubbell#American Bar Association#judges#unlawful#rule of law#authoritarianism#yea it's a coup#unconstitutional
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More “obeying in advance” by the Washington Post
I haven’t referred or cited to the Washington Post since Jeff Bezos ordered the editorial board not to endorse Kamala Harris for president. I sometimes wonder whether that was the right decision. Today, it became clear it was.
Editorial cartoonist Ann Telnaes just published an article on Substack entitled, Why I'm quitting the Washington Post. Telnaes explains that she prepared an editorial cartoon that showed billionaires bowing in supplication to Trump. The cartoon is in the linked article. As explained by Telnaes,
The group in the cartoon included Mark Zuckerberg/Facebook & Meta founder and CEO, Sam Altman/AI CEO, Patrick Soon-Shiong/LA Times publisher, the Walt Disney Company/ABC News, and Jeff Bezos/Washington Post owner.
Telnaes explains,
For the first time, my editor prevented me from doing that critical job [publishing the cartoon]. So I have decided to leave the Post. I doubt my decision will cause much of a stir and that it will be dismissed because I’m just a cartoonist. But I will not stop holding truth to power through my cartooning, because as they say, “Democracy dies in darkness”.
Ann Telnaes deserves our respect and admiration for her courage. And the ongoing disgrace at WaPo should cause all self-respecting journalists and columnists to follow Ann Telnaes’s example.
[Robert B. Hubbell Newsletter]
#Robert B. Hubbell#Robert B. Hubbell Newsletter#Ann Telnaes#The Washington Post#WAPO#journalism#billionaires
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Texas woman leaves the state to obtain an abortion while Texas Supreme Court ruled that she had no right under Texas law to abortion.
Kate Cox fled Texas to end a pregnancy that was “incompatible with the life” of the fetus and that threatened her life. Shortly after she fled, the Texas Supreme Court ruled that she had no right to an abortion in Texas. See CNN, Texas Supreme Court rules against pregnant woman seeking abortion as she leaves state for procedure.
The cruelty and inhumanity of the Texas Supreme Court’s ruling is surpassed only by its denial of personhood to Kate Cox—and every woman relegated to the status of a second-class citizen in Texas. Those who seek to deny reproductive liberty have once again underestimated the reaction of women across America. Kate Cox deserves our sympathy and support. Her courage in challenging Texas’s abortion statute will serve as an example for women across America.
The deprivation of constitutional liberties in Texas is rightfully the focus of the outrage surrounding this case. But a grim reality underlies the denial of reproductive liberty. In an important article, Katelyn Jetelina outlines the disastrous public health consequences of denying reproductive liberty to women. See Katelyn Jetelina, Your Local Epidemiologist, Women fighting for their lives in the US (substack.com).
Katelyn Jetelina’s article is incredibly important, and I urge you to read it. She details the suffering imposed on women by reactionary abortion restrictions. For example,
Compared to other high-income countries, the U.S. ranks highest in deaths from pregnancy and childbirth—a mortality rate 20 times higher than the Netherlands.
Non-Hispanic Black women have a maternal mortality rate of 69.8 per 100,000 live births—the highest mortality rate of any racial group.
One study found that every 1-unit increase in the abortion policy index (i.e., more restrictive state-level policies) equated to a 7% increase in maternal mortality.
The estimated increase in maternal mortality post-Dobbs is 24%.
In short, by restricting reproductive liberty, religious fundamentalists are killing women—something the Texas Supreme Court seemed comfortable with in its ruling on Monday.
The Texas decision is re-inflicting trauma on thousands of women like Kate Cox and Katelyn Jetelina who suffered through traumatic, life-threatening pregnancies. We will overcome the reactionary movement that has made temporary hostages of our Constitution and women in America. But the tragedy of Kate Cox teaches us that we cannot relent in our battle to restore the liberties guaranteed by the Constitution
[Robert B. Hubbell Newsletter]
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#women#reproductive health#reproductive rights#abortion#Texas#trauma#Katelyn Jetelina#Katelyn Jetelina Your Local Epidemiologist#Women fighting for their live in the US#Robert B. Hubbell#Robert B. Hubbell Newsletter
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Mike Luckovich
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"Russia, Russia, Russia. It's always Russia!"
October 9, 2024
Robert B. Hubbell
On a day of major political stories, the Earth is reminding us that we are guests on this planet subject to our collective good behavior over the long term. Hurricane Milton is threatening Florida like no other storm in the last century. Millions are (wisely) evacuating in the face of strong winds and a record storm surge that will inundate coastal areas.
Two months ago, Trump joked about human-caused climate change creating “more beachfront property.” In 2021, 175 House Republicans and 35 Senate Republicans voted to defund FEMA. See MTN News, A Whopping 175 House Republicans Voted Against FEMA Funding in 2021. Many of those lawmakers are now criticizing FEMA for being overwhelmed and under-resourced. Last week, Speaker Mike Johnson refused to call a special session of the House to enact emergency supplemental funding for FEMA.
Jokes aside, the substantive policy of the Republican Party is to promote fossil fuels and undermine green energy. See Center for American Progress, Project 2025 Would Jeopardize Global Climate Action. One of Trump's first acts in 2017 was to serve notice that the US would withdraw from the Paris Climate Accords, and one of Joe Biden’s first acts was to rescind that notice. If Trump is re-elected, we should expect that Trump will again seek to withdraw from global efforts to fight human-caused climate change. See NBC News, Mike Johnson won't commit to bringing House back before the election for more hurricane relief.
The weather is not the climate and record-breaking weather events are not (in themselves) climate change. But acceleration in global climate trends over time are evidence of human caused climate change. Indeed, the tendency of hurricanes to rapidly increase in intensity—like Hurricane Milton—is part of a new trend in hurricane behavior. See NBC News, Hurricane Milton's rapid intensification is part of a climate-fueled trend.
Climate change is maddeningly difficult because its effects are difficult to track—until they are not. We may be living through one of those moments in which the effects of climate change are undeniably manifest. The question facing us is whether we have the capacity to maintain our concern and sense of urgency after the water has receded and the news crews have moved to the next breaking story. We need the ability to engage in long-term thinking and the patience to allow solutions to work over decades (or longer).
Many worthy and effective organizations are focused on fighting human-caused climate change. I have previously endorsed and appeared before Third Act, an organization started by Bill McKibben. Third Act describes itself as “a community of Americans over sixty determined to change the world for the better. Third Act harnesses an unparalleled generational power to safeguard our climate and democracy.” Check out Third Act—or highlight your climate focused organization in the Comments section.
In the meantime, my wife and I express our concern and empathy for the hundreds of thousands of Floridians affected by Hurricane Milton. Be safe and follow the guidance of authorities!
[Robert B. Hubbell Newsletter]
#Mike Luckovich#hurricane#FEMA#GOP lies#climate science#climate emergency#climate change#Robert B. Hubbell Newsletter#Robert B. Hubbell#Third Act#Bill McKibben#Hurricane Milton
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The Harris campaign kicks into high gear
July 26, 2024
ROBERT B. HUBBELL
Kamala Harris has the Trump campaign on its back foot. Whatever Trump’s advisers expected from V.P. Harris, they were wrong. Although Trump and his surrogates have tried several lines of attack, each attempt backfires as Trump offends important constituencies he needs to win. In attacking Kamala Harris, Trump is offending Black Americans, successful women, mothers raising blended families, couples trying to conceive, young people, and more. The Harris campaign has responded forcefully, using a pointed sense of humor that is refreshing and attractive to younger voters who see the internet as a battlefield of ideas.
On Thursday, the Harris campaign released a powerful television ad that was a “no-holds-barred” look at the threat to democracy posed by Trump. See The Guardian, ‘We choose freedom’: Kamala Harris campaign launches first ad. The ad is embedded in The Guardian article; I urge you to watch it. If you don’t, here is The Guardian’s description of the ad:
Released on Thursday morning, the ad opens with shots of Harris’s smiling face behind a podium, the word Kamala, the word Harris, and the American flag. The soundtrack is the beginning of Beyoncé’s song Freedom, to which Harris entered and exited her first speech to campaign staffers after gaining lightning speed momentum on the road to becoming the presumptive nominee. The ad is narrated by Harris, whose first words are, “In this election we each face a question. What kind of country do we want to live in?” She continues: “There are some people who think we should be a country of chaos. Of fear. Of hate,” she says, over shots of Trump and JD Vance. “But us, we choose something different.”
On social media, the Harris campaign has been even more aggressive. The Harris campaign took a clip of Trump imitating Kamala Harris, saying, “I’m the prosecutor and he is the convicted felon.” After Trump admits that he is a convicted felon and Harris is a prosecutor, the ad immediately cuts to a picture of Kamala Harris with her voice saying, “I am Kamala Harris and I approve this message.” The Harris campaign is showing early signs of social media savvy—just as Barack Obama’s campaign did in 2008.
The Harris campaign also went after JD Vance, who described Kamala Harris in 2021 as a “childless cat lady” who should not have an equal voice in the future of America because she does not have biological children. (Harris is a stepmother to two children with Doug Emhoff.) Thursday was “In Vitro Fertilization Day.” The Harris campaign released a statement saying, “Happy World IVF Day To Everyone Except JD Vance.” See HuffPo, Harris Campaign Wishes Happy World IVF Day To Everyone Except 1 Person.
The confidence and swagger of that ad was reflected in the Harris campaign’s immediate acceptance of debate with Donald Trump, set for September 10. But as Kamala Harris demonstrated an eagerness to debate, Trump began hedging his bets, saying he “did not like the idea” of a debate on ABC. See CNBC, ‘Let’s go’: Harris agrees to debate Trump, accuses him of ‘backpedaling’ on Sept. 10 date.
The Harris campaign also used social media to troll Trump's morning appearance on Fox News, during which Trump called Kamala Harris “garbage.” The Harris campaign issued a press release entitled Statement on a 78-Year-Old Criminal’s Fox News Appearance. The press release said,
After watching Fox News this morning we only have one question, is Donald Trump ok? Trump is old and quite weird [and] this guy shouldn’t be president ever again.
For their part, Trump and his surrogates were reduced to claiming that Kamala Harris is a “DEI hire,” a “failed border czar,” and a socialist who will destroy the economy of America.
Luckily for Kamala Harris, economic growth and border security both improved in the second quarter. On Thursday, the US Bureau of Economic Analysis reported that the gross domestic product grew at a 2.8% rate in the second quarter, well above the consensus prediction of 1.9% by economists. See USA Today, US GDP report: Latest data shows economy grew 2.8% in Q2 (usatoday.com)
At the border, crossings by immigrants dropped to their lowest level since 2020 (under Donald Trump). See CBS News, Migrant crossings continue to plunge, nearing the level that would lift Biden's border crackdown. Per CBS News,
July is on track to see the fifth consecutive monthly drop in migrant apprehensions along the U.S.-Mexico border and the lowest level in illegal immigration there since the fall of 2020, during the Trump administration, the internal Department of Homeland Security figures show.
My point in noting the responses by the Harris campaign is not to revel in the “zingers” and “smackdowns” that are long overdue. Rather, it is to highlight the nimbleness, swagger, and professionalism of the Harris campaign. The lightning-quick responses would be exemplary for any presidential campaign; they are stunning for a presidential campaign that is four days old.
Although it is still early, it seems clear that the Harris campaign will focus on Trump's criminality, incoherence, age, and hateful agenda. And it is doing so with a satirical edge that transfers easily into internet memes—which is an effective way to create viral messaging that reaches young people. Meanwhile, the Trump campaign has been caught flat-footed, trying to ignore the awkward creepiness of JD Vance and Trump's part-time approach to campaigning.
All of this should give Democrats confidence that Kamala Harris will run a strong campaign against an opponent who will wage a vile and hate-filled counter-offensive. If the first few days of the campaign are any indication, Kamala Harris is up to the task.
Robert B. Hubbell Newsletter
#Robert B. Hubbell#Robert B. Hubbell Newsletter#election 2024#Kamala Harris#The Guardian#zingers#smackdowns
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Call it by its name: A coup.
February 1, 2025
Robert B. Hubbell
On Friday, January 31, 2025, Trump moved to complete the coup he began on January 6, 2021. Trump failed the first time, and he will fail again—because he has underestimated the American people. We must steel ourselves because things will get worse before they get better--but they will get better. It is a fool’s bet to assume that the American people will sit idly by as their freedoms are stolen by a corrupt oligarch and a convicted felon destroying the government to promote their selfish interests.
Speaking the truth about what is happening is difficult and unpleasant. Hearing the truth is also difficult and unpleasant. But the longer we fail to recognize the current situation for what it is—a slow-rolling coup attempt—the longer it will take for us to recover.
I know this is a challenging time and that many readers are outraged, fearful, and dispirited. Join me in community on Saturday morning at 9am Pacific / 12 Noon Eastern on the Substack App for a livestream discussion. There is no link; just open the app at the scheduled time, and you will receive a notification that I am going live on Substack. I will send an email reminder 15 minutes in advance.
I am speaking more directly and using stronger words to describe the situation than many of the mainstream media outlets. CBS, CNN, and NYT are reporting on bits and pieces of Trump's actions as if they are mere political stories. But those outlets are not addressing the obvious coordinated nature of the unprecedented attacks on the DOJ, FBI, Office of Personnel Management, Treasury Department, and dozens of other agencies.
Taken together, those actions amount to a hostile takeover of the US government by those who are loyal to Trump rather than to the US Constitution. The only word that accurately describes that situation is “coup.” Any other description is a sign of fear, submission, or surrender.
Usually, coups occur between political adversaries competing for control of the government. Here, the coup is an effort by Trump to overthrow the Constitution and establish himself as the unbounded dictator of the United States. The only word that accurately describes that situation is “coup.” Any other description is a sign of fear, submission, or surrender.
Fortunately, many independent political commentators are raising the alarm in ways the legacy media is not. BlueSky has become an indispensable source of resistance and information. Facebook is also emerging as a source of statements and leaks by government insiders.
To the extent you can, amplify those voices and add your own to the swelling chorus of alarm and indignation that will eventually stop Trump's unfolding coup. We stopped Trump's initial attempt to “freeze” grants and loans, and we can do it again.
Here is a partial list of what is happening:
Elon Musk and a team of DOGE infiltrators have taken over the Office of Personnel Management (OPM) by connecting non-government computer servers to the US personnel mainframe computers. They have reportedly seized private information about millions of federal employees. They have locked the senior managers of the OPM out of their agency’s computers. They have moved “sofa beds” into the OPM offices and put the offices into a “lockdown mode.” See Reuters, Exclusive: Musk aides lock government workers out of computer systems at US agency, sources say.
The hostile takeover of OMP allowed Musk to send an unauthorized memo inviting millions of federal employees to resign in exchange for eight months of “non working paid employment.” [Two unions representing federal workers have filed a lawsuit challenging Trump's plan to reclassify and terminate hundreds of thousands of federal workers.]
Elon Musk and a team of DOGE infiltrators have attempted to seize control of the US Treasury payments system—the gateway through which ALL funds from the federal government flow. When a senior manager at the Treasury asked why Musk needed access to the highly sensitive system, the manager was immediately placed on leave. He chose to quit, instead. See The New Republic, Top Official to Quit as Musk Tries to Get Hands on Key Payment System
As of Friday evening, the Acting US Attorney for Washington, D.C., fired about 30 US Attorneys who prosecuted January 6 insurrectionists. See Politico, DOJ fires dozens of prosecutors who handled Jan. 6 cases. Think about that for a moment: The convicted felons who attacked the Capitol have been pardoned and the loyal servants of the Constitution who prosecuted them have been fired. That fact should outrage every American.
Also on Friday evening, the FBI told eight of its most senior leaders to resign or be fired on Monday. Those senior officials head divisions of the DOJ responsible for cybersecurity, national security, and criminal investigations. Senior FBI leaders ordered to retire, resign or be fired by Monday | CNN Politics
The FBI has fired dozens of agents who worked on investigations of January 6 insurrectionists and has asked for a list of every agent across the US who worked on the largest criminal investigation in the history of the FBI. That list will include hundreds—possibly thousands of FBI agents. The implication of the memo ordering the compilation of the list is that those agents may be fired. See Reuters, Trump's DOJ launches purge of Jan. 6 prosecutors, FBI agents.
Also on Friday, the FBI told the senior agents in charge of field offices in Miami, Philadelphia, Washington, New Orleans, Las Vegas, and Los Angeles to resign or be fired on Monday. Reuters.
Readers alerted me to postings on Facebook and elsewhere (that I cannot authenticate) claiming to be from current government employees describing an atmosphere of chaos and fear as DOGE infiltrators ominously demand lists of employees who are apparently “next” to be fired.
Dozens of government websites were taken offline on Friday, ostensibly to be scrubbed for references to diversity, gender, or human attributes that are not white, male, and Christian. The effort was brutish, clumsy, and ignorant. The Census Bureau website was offline as DOGE infiltrators attempted to remove references to the fact that America includes people who are not white male Christians. Websites relating to LGBTQ equality, women’s health, transgender issues, and scientific knowledge in general were taken down.
The Pentagon has advised NBC, NYT, NPR, and other mainstream media outlets that they would be “rotated out of the building (i.e., the Pentagon)” to make room for NYPost, Brietbart, and OANN. See @DefenseBaron.bsky.social.
And as all of the above is happening, Republicans in the Senate will vote to confirm a Director of National Intelligence with suspiciously warm views toward Putin and an FBI Director who published an “enemies list” that included dozens of politicians, journalists, military officers, and career government officials.
Oh, and the Republican Party is facilitating the rolling coup. No, that’s not quite right. They are cheering it on.
As with the freeze on grants and loans, it will take a few days for the American public to understand the implications of what is happening. It is up to us to help spread the word.
What can we do? Here’s what we can do: Trump's rolling coup is (mistakenly) predicated on his belief that the American people are sheep. He believes that we will sit still while he does whatever he wants.
He is wrong.
America is based on the consent of the governed, and its economic health requires the cooperation of the participants in the economy. If Americans withhold their political consent and economic cooperation, both the political and financial systems in America will grind to a halt.
What does withholding consent and cooperation look like? That is difficult to predict given the fluid situation, but the citizens of other nations that have grappled with similar challenges have used sustained and massive street protests, national work strikes, work slowdowns, taxpayer strikes, business boycotts, and transportation boycotts. To be clear, I am simply making an observation about how aspiring dictators in other countries have been brought to heel and held to account.
Soon, very soon, Americans will be called upon to leave the comfort of their homes and the anonymity of their computer screens to engage in massive, coordinated action to remind Trump and Musk that they are servants of the people, not vice-versa.
Coda: Trump announced 25% tariffs on goods from Mexico and Canada. As one Canadian official noted on Friday, the Canadian auto industry—which is a major parts supplier to the US auto industry—cannot survive for a week with 25% tariffs. The Canadian supply chain will shut down, the American car industry will be severely damaged, and tens of thousands of US autoworkers will be laid off. We aren’t talking about inflation increasing or the cost of eggs. We are talking about tens of thousands of job losses and an economic shock likely to lead to a recession.
The point is that Trump's anti-democratic blitz is occurring in an environment in which he is making the stupidest economic moves made by any president since Herbert Hoover. That background will provide fertile soil for massive action by Americans who are fed up with Trump and Musk acting like dictators.
I believe in the strength and resiliency of the American people. It may take longer than some of us would like, but they will awaken, like the sleeping giant that German spies warned Hitler about on the eve of WWII.
I understand those who are frustrated and angry over the seeming flat-footed response of Democratic leadership. But complaining is not a strategy. Issue spotting is not a strategy. Assigning blame is not a strategy. Taking action is a strategy. Spreading the truth is a strategy. Making the daily phone calls recommended by Jessica Craven is a strategy.
So, to the extent you can, direct all your anxious energy and anger toward action. The first time you learn of a protest march near you, show up. And the next time. And the time after that. In many nations, small protest marches gain momentum in a matter of weeks.
I will talk to you tomorrow. Join me at 9 am PST / 12 noon EST on Substack
[Robert B. Hubbell Newsletter]
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