Thursday, July 20, 2023

POLITICO Massachusetts Playbook: Wu plays in Boston council races



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BY LISA KASHINSKY

With help from Kelly Garrity

FIRST IN PLAYBOOK: WU BACKS SANTANA — Boston Mayor Michelle Wu is endorsing Henry Santana for city councilor at-large today, giving a major boost to her former civic engagement director in a crowded citywide race.

“There’s a lot at stake on the ballot this fall. And Henry’s story is Boston’s story,” the mayor told Playbook. “He grew up in an immigrant family living in public housing and going to Boston Public Schools. He became a U.S. citizen and found his calling in serving his community. And it’s been really inspiring to watch him get things done.”

Wu is wading into the at-large race at a crucial moment. Veteran Councilor Michael Flaherty’s decision to withdraw his name from contention leaves three incumbents running for four citywide seats, opening the door for at least one of the five at-large challengers to win a spot on the council. Santana has sought to capitalize on the opportunity by rolling out a slew of endorsements from elected officials, including at-large Councilor Ruthzee Louijeune — who’s technically his competitor — and several state lawmakers.

Santana isn’t the only newcomer that Wu is working to get elected to the council. The mayor has also endorsed Sharon Durkan, her former political fundraiser, in next week's special election for District 8 — a contest that came up because Wu tapped another ally, Kenzie Bok, to run the Boston Housing Authority. And Wu’s head of neighborhood services, Enrique PepĂ©n, is running in District 5. Wu has yet to endorse in that race, and whether she makes a move there could be complicated by her past support of embattled Councilor Ricardo Arroyo.

She’s also been helping incumbents, headlining recent fundraisers for Councilors Gabriela Coletta and Liz Breadon, per the Dorchester Reporter’s Gintautas Dumcius.

Boston Mayor Michelle Wu during a news conference, Tuesday, April 5, 2022, in Boston. (AP Photo/Charles Krupa)

Boston Mayor Michelle Wu during a news conference, Tuesday, April 5, 2022, in Boston. (AP Photo/Charles Krupa) | AP

Wu insists her endorsements aren’t about securing more friendly faces on a council that in its current iteration is at best dysfunctional and at worst detrimental to her agenda.

She noted that the council has passed several of her biggest policy priorities, including rent control and overhauling the Boston Planning & Development Agency. But members attempted to substantially change elements of her latest budget in ways she opposed. And the mayor keeps having to answer for a council that continually courts chaos and controversy.

“An endorsement isn’t about promising certain votes or needing to be wedded to specific policy positions,” Wu said. “But it is important that we are aligned when it comes to understanding what Boston needs … and a willingness to bring people together and focus on getting things done.”

And in the case of Santana, Wu said he’ll be “an incredible partner for our administration because he’s aligned with the values that Boston residents put us into office to act on, but also because he knows how it works department by department.”

GOOD THURSDAY MORNING, MASSACHUSETTS. Wu will publicly endorse Santana at 9 a.m. at the UNITE HERE New England Joint Board office along with other supporters.

TODAY — Gov. Maura Healey and Lt. Gov. Kim Driscoll visit Flats Mentor Farm at 8:45 a.m. in Lancaster, announce Food Security Infrastructure grants at 11 a.m. at Fruit Fair in Chicopee and announce a “new relief effort” for flooded farms at 12:30 p.m. at Mountain View Farm in Easthampton. Driscoll surveys Fitchburg flood impacts at 3 p.m. Rep. Jim McGovern is on WBUR’s “Radio Boston” at 11 a.m. Wu visits Dorchester’s Ryan Playground at 11:30 a.m.

Tips? Scoops? Endorsements? Email me: lkashinsky@politico.com .

 

JOIN 7/26 FOR A TALK ON THE NEW ENERGY ECONOMY:  Join POLITICO's lively discussion, "Powering a Clean Energy Economy," on July 26 to explore the effectiveness of consumer-targeted policies to boost sustainability and create clean energy jobs. How are the Inflation Reduction Act's provisions faring? Which strategies truly sway consumer behavior? Hear from featured speaker, Rep. Debbie Dingell (D-Mich.), among other experts. Don't miss this insightful event — register today and be part of the conversation driving America's clean energy future! REGISTER NOW.

 
 
MEANWHILE IN NEW HAMPSHIRE

— THERE’S ALWAYS A MASSACHUSETTS CONNECTION: The opening battle in the war for New Hampshire’s next governor is over … Massachusetts?

Republican candidate-in-waiting Kelly Ayotte fired the opening salvo, in a statement teasing the former U.S. senator’s seemingly inevitable gubernatorial campaign: “Like many Granite Staters, I fear we are one election away from turning into Massachusetts.”

Minutes later, Maura Healey weighed in. The first-term Democrat made the biggest endorsement of her gubernatorial tenure thus far — by backing outgoing Manchester Mayor Joyce Craig for governor of her home state of New Hampshire.

“Take it from @maura_healey,” Ayotte tweeted in response. “Joyce Craig would turn New Hampshire into Massachusetts.”

That’s a bad thing? Anyway, cue Craig coming to Massachusetts — and Healey's — defense: “Governor Healey defeated Republican extremism and has delivered critical protections for reproductive freedom,” Craig told Playbook in a statement.

The next 14 months are going to be interesting. But not just because of the regional jabs.

Chris Sununu’s decision not to seek a record fifth term as governor prompted race raters to immediately shift New Hampshire’s corner-office contest to a toss-up.

National Democrats now see the state as one of their best opportunities — if not the best opportunity — for a pickup in 2024 after winning Massachusetts, Maryland and Arizona last year. And the primary shaping up between Craig and Executive Councilor Cinde Warmington will give Massachusetts Democrats facing a potentially boring cycle on this side of the border something to do.

But Republicans aren’t backing down. Former state Senate President Chuck Morse jumped into the race almost immediately after Sununu stepped aside. Ayotte is likely to follow, as could Education Commissioner Frank Edelblut .

“The Republican agenda works here,” Sununu told Playbook, adding that he’ll “probably” endorse in the primary.

— “Sununu’s exit spells the end of a whole breed of Republican governor,” by Lisa Kashinsky, POLITICO: “Fiscally conservative but more socially moderate Republican governors have long defied electoral odds in blue and purple states. … Sununu’s exit threatens to grow the power vacuum that [Charlie] Baker and [Larry] Hogan created in a region that was once a stronghold for both moderate Republicans and an increasingly bygone way of bipartisan politicking.”

— More: "What Sununu’s retirement means for the New Hampshire GOP presidential primary," by Charlie Mahtesian and Lisa Kashinsky, POLITICO.

— THE OUTTAKES: Sununu called Playbook from Logan Airport en route to Texas to meet New Hampshire National Guard soldiers deployed along the southern border. The Boston airport is usually convenient, he said. But with the Sumner Tunnel closure? “It’s a frickin disaster.” FWIW, the state highway administrator says the traffic congestion has been “manageable” so far.

DATELINE BEACON HILL

— OPEN FOR BUSINESS: The sub-basement electrical fire that sent carbon monoxide swirling through the State House was accidental, officials said . The building reopens today.

 — “Campbell, other Dem. AGs, fire back at Republicans on diversity and equity,” by Matthew Medsger, Boston Herald: “A group of Democratic Attorneys General, including the Bay State’s Andrea Campbell, have joined together to tell the nation’s largest corporations that they can go ahead and ignore any assertions on matters of equity and diversity from their Republican counterparts. During a Zoom call with reporters Wednesday, 21 of the nation’s top law enforcement officials announced they had signed on to a letter sharply disagreeing with their conservative colleagues interpretation of a recent Supreme Court decision striking down the use of race as a consideration during college admissions.”

— “Healey appoints Linehan to statewide library board,” by Cassidy McNeeley, Dorchester Reporter: “Gov. Healey has appointed Joyce Linehan, a Lower Mills resident who was a top adviser to former mayor Marty Walsh, as a member of the nine-member Massachusetts Board of Library Commissioners (MBLC).”

— “Council Approves All Seven of Healey’s Pardon Recommendations,” by Sam Drysdale, State House News Service (paywall).

FROM THE HUB

— “Boston City Councilor Kendra Lara pleads not guilty to multiple charges in connection with June crash,” by Danny McDonald, Vivi Smilgius and Emma Platoff, Boston Globe: “Boston City Councilor Kendra Lara was arraigned Wednesday at West Roxbury Municipal Court on nine charges in connection with a June crash where authorities allege she slammed an unregistered and uninsured car into a Jamaica Plain home while speeding with a revoked license. Lara, 33, is now facing two additional charges. ... At Wednesday’s arraignment, a not guilty plea was entered on her behalf, and the court ordered Lara not to drive without a license. She was released on personal recognizance."

— “Boston Elections Commission to consider Kendra Lara residency challenge,” by Gayla Cawley, Boston Herald: “The Boston Elections Commission will hold a formal hearing to consider four objections to nomination papers filed by City Councilor Kendra Lara, challenging the status of her residency in the district she represents.”

 

JOIN 7/27 FOR A TALK ON WOMEN LEADERS IN THE NEW WORKPLACE: In the wake of the pandemic, U.S. lawmakers saw a unique opportunity to address the current childcare system, which has become increasingly unaffordable for millions of Americans, but the initial proposals went nowhere. With the launch of the Congressional Bipartisan Affordable Childcare Caucus in May, there may be a path to make childcare more affordable. Join Women Rule on July 27 to dive into this timely topic and more with featured speakers Rep. Nancy Mace (R-S.C.), Rep. Ro Khanna (D-Calif.) and Reshma Saujani, Founder & CEO of Moms First and Founder of Girls Who Code. REGISTER HERE .

 
 
PLANES, TRAINS AND AUTOMOBILES

— “T officials say they have ‘reset expectations’ with rail car manufacturer,” by Jennifer Smith, CommonWealth Magazine: “Interim GM Jeff Gonneville told the MBTA Board that the Orange Line order is expected to be completed by December of this year, compared with the contractual completion date of January 2022, and the Red Line cars should be delivered by September 2026 rather than this September as contracted.”

— “MassDOT board approves investment spending plan,” by Andrea Perdomo-Hernandez, WBUR.

FROM THE DELEGATION

— “US House Republicans deny funding for Boston's LGBTQ+ affordable housing project,” by Dominique Farrell, GBH News: “The Pryde, an affordable housing development planned for LGBTQ+ seniors in Boston's Hyde Park, hit a hurdle yesterday after House Republicans in an appropriations hearing voted to deny it federal funding. U.S. Rep. Ayanna Pressley had requested $850,000 in federal funding to help finance the $47 million project."

BIDEN TIME

— “Jill Biden Coming To Nantucket For Another Summer Fundraiser,” by Jason Graziadei, Nantucket Current: “First Lady Jill Biden will be back on Nantucket this Saturday for two separate fundraising events, a campaign source told the Current. Biden, who was on the island just last November for the family's annual Thanksgiving visit, will be attending a brunch and a reception on the island at an undisclosed location.”

MARIJUANA IN MASSACHUSETTS

— “Pot at the farm stand? Mass. growers would like to sell direct to consumers,” by Kinga Borondy, Telegram & Gazette: “Picking up produce at the local farm stand may soon look different in Massachusetts if the state’s cannabis farmers are granted their request to sell their product directly to consumers, just like farmers now can sell zucchini, tomatoes or blueberries.”

WHAT ELSE YOU SHOULD BE READING

— “Maine governor expands access to abortion later in pregnancy,” by David Sharp, The Associated Press: “Democratic Gov. Janet Mills signed a bill into law Wednesday that allows abortions at any time if deemed medically necessary by a doctor, making the law one of the nation’s least restrictive.”

— "Matos signature scandal spreads across RI; AG now ‘taking the lead’ on investigation," by Eli Sherman, Tim White, Alexandra Leslie, Kate Wilkinson, WPRI: "The scandal engulfing Sabina Matos’s congressional campaign worsened on Wednesday, with the Democratic lieutenant governor now facing multiple criminal investigations into forged signatures on her nomination papers amid growing questions about election integrity in Rhode Island."

— “Heroux cuts programs, adds others in first months as county sheriff,” by Audrey Cooney, Herald News.

— “Town manager out of job in Foxboro,” by Jeff Peterson, The Sun Chronicle.

— “Northampton names 11 residents for its new reparations commission,” by Alexander MacDougall, Daily Hampshire Gazette.

HEARD ‘ROUND THE BUBBLAH

HAPPY BIRTHDAY — to former state Rep. Eugene O’Flaherty, Krista Zalatores, Mass. native and POLITICO alum David Giambusso , and Judge Patti B. Saris.

Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com .

 

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POLITICO Nightly: What Sununu’s retirement means for the New Hampshire GOP primary

 


POLITICO Nightly logo

BY CHARLIE MAHTESIAN AND LISA KASHINSKY

 Chris Sununu

New Hampshire Republican Gov. Chris Sununu will not be seeking reelection next year. | Phelan M. Ebenhack/AP Photo

EXIT STRATEGY — In June, New Hampshire Republican Gov. Chris Sununu announced he would not run for president in 2024. Today, he said he won’t seek reelection next year, either.

One of the nation’s most popular governors, Sununu’s decision dramatically increases the chances that Democrats can pick up the governorship. But it could also have a significant impact in the first-in-the-nation primary state’s presidential contest next year, where former President Donald Trump currently holds a comfortable lead over Florida Gov. Ron DeSantis, his nearest challenger.

A leading Trump critic, Sununu has quite a bit of juice with the voters who will play an outsized role in determining the eventual GOP nominee. As a result, many in the 2024 field have already sought Sununu’s counsel . For months, he’s been meeting with candidates in his office in Concord and in booths at the state’s famed diners to offer advice on how to navigate the state.

The four-term governor has made clear he intends to play an active role in trying to stop Trump. He has argued that Republican contenders with “no path to victory must have the courage to get out” of the race this time around, to avoid the same scenario as in 2016, when a splintered field enabled Trump’s path to the GOP nomination.

“If he is the nominee, Republicans will lose again,” Sununu wrote last month in a Washington Post op-ed . “Just as we did in 2018, 2020 and 2022. This is indisputable, and I am not willing to let it happen without a fight.”

There’s a reason he placed that piece in a national publication, as opposed to a home-state paper — he envisions playing a leading national role in torpedoing Trump.

But the question is whether Sununu intends to do more than just lob grenades at the former president and actually put some skin in the game by endorsing one of Trump’s rivals and campaigning aggressively for them.

In recent decades, there hasn’t been much evidence that individual gubernatorial endorsements have made a huge difference in the outcomes of various primaries or caucuses. One that stands out dates back to 2008, when then-Florida Republican Gov. Charlie Crist delivered a surprise endorsement of John McCain just days before the state’s crucial GOP primary. The support from Crist, who had been heavily courted by various candidates, gave the Arizona senator a late burst of momentum that might have been enough to push McCain over the top en route to his victory over Mitt Romney in Florida.

But Sununu, the scion of a politically prominent family, is uniquely positioned to leave an imprint on his home state primary. He has a political operation that is fresh off a big win in 2022. He no longer has to worry about angering the GOP base by ripping the bark off Trump. There’s also some family history — his father, former Gov. John Sununu, went to the mat for George H.W. Bush in the 1988 New Hampshire primary and played a key role in helping Bush defeat Sen. Robert Dole there.

An August 2022 University of New Hampshire poll found that 35 percent of New Hampshire Republican primary voters said a Sununu endorsement would make them more likely to vote for a candidate, compared to 50 percent who said it would have no effect. (Not long after that poll was taken, Sununu weighed in with an endorsement in the state’s Republican U.S. Senate primary only to see his preferred candidate lose.)

Sununu has already said he plans to endorse a candidate against Trump. But exactly when he does it, however, will matter. Is it after the August 23 debate, when the candidate field may begin to take a more solid shape? Does he wait a few months after that, to avoid making a risky early endorsement that could make him look ineffectual if his preferred candidate crashes out? Does he do it after Iowa, when he might be able to get more bang for his buck?

In a brief interview with Nightly, the governor said he’s likely to “wait until November or December” to endorse in the GOP primary. “I’m going to test the waters with them. I want to see what they can do, like any other voter. So I have no favorites in it, per se. I’m going to work with all of them and see what they can do.”

Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com . Or contact tonight’s authors on Twitter at @PoliticoCharlie and @Lisakashinsky .

 

JOIN 7/26 FOR A TALK ON THE NEW ENERGY ECONOMY:  Join POLITICO's lively discussion, "Powering a Clean Energy Economy," on July 26 at 5:15 PM ET. We'll explore the effectiveness of consumer-targeted policies to boost sustainability and create clean energy jobs. How are the Inflation Reduction Act's provisions faring? Which strategies truly sway consumer behavior? How are advances in technology shaking things up? And, what's the future for energy consumption reduction? Hear from featured speaker Rep. Debbie Dingell (D-Mich.), among other experts. Don't miss this insightful event — REGISTER NOW.

 
 
WHAT'D I MISS?

— Schumer offers Tuberville abortion vote amid military blockade: Chuck Schumer said Democrats will allow GOP Sen. Tommy Tuberville a vote to repeal the Pentagon’s abortion policy , an attempt to unstick the Republican’s blockade of military promotions.

Tuberville has blocked quick consideration of more than 200 stalled military promotions, demanding that the Pentagon overturn its policy of providing paid leave to service members seeking an abortion. It’s unclear if Schumer’s offer of an amendment vote on the must-pass National Defense Authorization Act will be enough to lift the Alabama Republican’s hold. Democrats are also open to allowing Tuberville a standalone vote apart from the NDAA, a Democratic aide said.

The majority leader also didn’t rule out keeping the Senate in session into August to begin grinding through those promotions the long way. Lawmakers in both parties are antsy to find a solution to the blockade, which is prompting GOP discord and Democratic warnings about hurting national security. The chamber is scheduled to leave late next week for a five-week break.

— Kerry’s trip to China yields no breakthrough on climate: The United States and China failed to reach new climate agreements despite “productive” conversations, special climate envoy John Kerry said Wednesday after a four-day visit to Beijing, an outcome that underscores the tensions between the world’s two biggest carbon polluters and economies.

Kerry said the hours of closed-door meetings with senior Chinese officials revealed “things we clearly agreed on,” with both sides committing to regular meetings, including one in the next few weeks. He still expressed hope of achieving breakthroughs that could keep the planet from experiencing disastrous climate change.

— Biden administration lays out plan to squeeze mergers: President Joe Biden’s efforts to slow a tide of corporate mergers is getting a boost Wednesday through an elaborate plan his top antitrust enforcers say will preserve competition .

In a highly detailed 51-page joint document, the Federal Trade Commission and Justice Department outline 13 “guidelines” they will follow when reviewing deals — and hope the courts play along. An array of pending mergers are approaching decision points at both agencies, including Broadcom’s takeover of software company VMware, the tie-up between grocery giants Kroger and Albertsons and Amazon’s purchase of robot vacuum maker iRobot.

NIGHTLY ROAD TO 2024

THE POLITICS OF IMMIGRATION — Call it a red state marriage of convenience. Ron DeSantis and Greg Abbott — leaders of the two most-populous Republican-led states — have become the most controversial and influential conservative governors on immigration in the country . Over the last year, reports POLITICO, they’ve transported tens of thousands of migrants to Democratic-led cities, sued the Biden administration in federal court over border policies and deployed Black Hawk helicopters, unmanned aircraft and thousands of troops to the southern border.

Abbott and DeSantis assert that they’re filling the void left by the Biden administration and Congress to tackle one of America’s most intractable issues. Democrats and advocates for immigrants, however, have denounced the governors, alleging they’re using authoritarian policies against vulnerable asylum seekers for political purposes.

THE PRESIDENT OF GOLF — During his time as president, Donald Trump and golf were virtually inseparable. He spent most weekends at resorts that he owned across the country, and played an estimated 240 rounds of golf, largely at his courses in Florida and New Jersey.

In the years since, the sport has been an especially lucrative source of income for the former president. According to a Sportico analysis of a recent Federal Election Commission disclosure, Trump reported earning as much as $555 million from his golf portfolio between January 2022 and April 14, 2023 . That tally accounts for roughly half of the $1.2 billion in income he specified as having received during that time.

By comparison, Trump claimed earning $237 million from his courses in the calendar year of 2020, and $224 million in 2018. Trump’s personal assets include ownership, management or licensing interests in 17 golf courses (one currently under construction) in five different countries. In the past few years, Trump’s courses have hosted a handful of Saudi-backed LIV Golf events, and lost opportunities to host PGA Tour events or British Opens.

TRUMP DENIED — A federal judge on Wednesday denied Donald Trump’s bid for a new trial two months after a jury found that he sexually abused and defamed the writer E. Jean Carroll , reports POLITICO.

In his motion for a new trial, Trump argued that because the jury found him liable for sexual abuse but not rape, which is what Carroll originally alleged, the jury award of $2 million in compensatory damages for the sexual abuse claim was excessive.

In a 59-page decision, U.S. District Judge Lewis Kaplan wrote the former president’s argument “ignores the bulk of the evidence at trial, misinterprets the jury’s verdict, and mistakenly focuses on the New York Penal Law definition of ‘rape’ to the exclusion of the meaning of that word as it often is used in everyday life and of the evidence of what actually occurred between Ms. Carroll and Mr. Trump.”

AROUND THE WORLD

Richard Moore speaks

Richard Moore, the head of Britain’s secret intelligence service, sat down with POLITICO’s Anne McElvoy for a rare and exclusive interview. | Matt Dunham/AP Photo

007 THINGS — On the 55th anniversary of the Prague Spring, the head of Britain’s secret intelligence service sat down with POLITICO’s Anne McElvoy to talk about Russia, Wagner warlord Yevgeny Prigozhin, China and AI in spycraft.

In the rare exclusive interview , Richard Moore issued a thinly veiled recruitment call to Russians who’ve become disillusioned with their leadership while assessing that President Vladimir Putin was “under pressure” internally after a mutiny by mercenaries exposed his weakness.

Among the takeaways from the interview with the MI6 chief, who rose to lead the agency in 2020 after a career in diplomacy: Western leaders should be careful not to ‘humiliate’ Putin; China’s spying capabilities are “huge and they deploy overseas in large numbers;” Iran’s decision to supply Russia with “suicide drones that mete out random destruction to Ukraine’s cities has provoked internal quarrels at the highest level of the regime in Tehran.”

WAGNER’S WARLORD — Troops from Russia’s Wagner paramilitary group, who are relocating to Belarus following last month’s aborted mutiny, will not go back to fight in Ukraine and will stay in Belarus to train local troops , their leader Yevgeny Prigozhin said Wednesday, reports POLITICO.

“We did a lot for Russia. What is happening at the front now is a disgrace. We want no part of it,” Prigozhin said in his first appearance since his troops marched on Moscow in a failed uprising last month.

In a shaky mobile phone video shot at dusk, Prigozhin can be seen in silhouette wearing a baseball cap. He speaks to a crowd of men who appear to be Wagner fighters and break repeatedly into applause and cheers. He also hinted his troops could later go to Africa, where Wagner has been active in Mali and the Central African Republic.

 

UNLEASH THE FUTURE OF HEALTHCARE WITH POLITICO, A 7/20 INTERACTIVE EVENT: Imagine a future where rare genetic diseases are not only treatable, but potentially curable. Where our approach to chronic illness takes a monumental leap forward. That future is already taking shape in the form of next-generation health care treatments such as gene therapy. Join POLITICO on Thursday , July 20 and delve into the burgeoning field of gene therapies, which hold the power to redefine our health care landscape. Are you ready to explore this new frontier in health care? Don't miss this chance to be part of the conversation. REGISTER NOW .

 
 
NIGHTLY NUMBER

$400,000

The amount raised by Nevada Republican Senate candidate Sam Brown in his first week in the race . Brown, the Senate GOP campaign arm’s favored candidate, is running to take on first-term Democratic Sen. Jacky Rosen in a pivotal contest in the battle for control of the Senate.

RADAR SWEEP

THE REAL OPPENHEIMER — Since the end of World War II, historians and artists alike have been fascinated by the brilliant, enigmatic J. Robert Oppenheimer, the theoretical physicist who led the Manhattan Project laboratory that developed the atomic bomb. In recent years, however, much of that complexity has been reduced to a single popular image: the broken genius, haunted by his own invention, reciting a line from the Bhagavad Gita in a 1965 NBC News documentary. “Now I am become death, the destroyer of worlds,” Oppenheimer intones. But Oppenheimer’s life was about far more than regret, writes Andy Kifer in Smithsonian magazine. Will the new film finally get Oppenheimer right ?

PARTING IMAGE

Rows of 3,500 card bearers form the hammer and sickle of the Soviet Union at the opening ceremonies of the 1980 Moscow Summer Games.

Massed rows of 3,500 card-bearers from the coat of arms of the Soviet Union with the hammer and sickle and a red star at the top during the opening ceremonies of the 1980 Moscow Summer Olympic Games in Lenin Stadium Saturday, July 19, 1980. | AP Photo

 

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Trump's path to dictatorship

 


Trump's path to dictatorship

Trump, Republicans, and even some of the Supreme Court are pushing the “unitary executive” theory

Friends,

Trump allies have threatened that if he regains the presidency, he will invoke the “unitary executive” theory as the basis for using the Justice Department to persecute his political enemies, take over the FBI, usurp the authority of independent agencies like the FTC and even the Federal Reserve, and substitute loyalists for independent civil servants.

The “unitary executive” theory posits that the Constitution gives the president authority to control all executive action under Article II, whose first line states that “The executive Power shall be vested in a President of the United States.”

As former Justice Scalia — a proponent of the theory — asserted in his dissent in Morrison v. Olson (1988), “this does not mean some of the executive power, but all of the executive power.”

Make no mistake: The “unitary executive” theory is thinly disguised justification for authoritarianism. If implemented, it would be a major step for the anti-democracy movement.

Two of the most influential figures behind this effort are Jeffrey B. Clark and Russell T. Vought. During Trump’s presidency, Vought was director of the Office of Management and Budget. Clark, who oversaw the Justice Department’s civil and environmental divisions, was the only senior official at the department who tried to help Trump overturn the 2020 election.

Both are now acting as Trump’s brain trust to put the “unitary executive” theory into action if Trump wins.

A personal note: I worked in the Justice Department in 1974 and 1975, under Attorney General Edward Levi, when the department was trying to regain the legitimacy it had lost under Richard Nixon — who had used the Justice Department to go after his “enemies.”

Central to restoring public trust were new guidelines. They allowed a president to set broad policies for the department (such as directing it to put greater resources and emphasis on particular types of crimes or adopting certain positions before the Supreme Court). But they barred a president from getting involved in specific criminal case decisions absent extraordinary circumstances, such as if a case has foreign policy implications.

Unfortunately, those guidelines were never put into law.

Nonetheless, if Trump is reelected, he would need at least five justices on the Supreme Court to go along with his “unitary executive” theory.

He is dangerously close to having them already. Last month, in United States ex rel. Polansky v. Executive Health Resources (decided June 16), three Supreme Court justices suggested they’d employ the “unitary executive” theory to invalidate whistleblowers’ lawsuits because the president didn’t appoint them.

How alarmed should we be?





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