A stalwart of the conservative legal movement issues a stark warning for July 4. And I ask whether Trump is a departure from that movement or the culmination of its long crusade. Don't miss this one
Here is my take on a modern day Declaration of Independence. It's what went on my No Kings protest sign.
The history of the present president of the USA, Donald J. Trump, is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world.
Abuse of Power and Corruption
1. Violated his Oath by disregarding the Constitution he swore to defend.
2. Mocked the rule of law and declared himself above its reach.
3. Obstructed justice and shielded allies from lawful accountability.
4. Purged federal agencies of experts and installed loyalists in their place.
5. Corrupted the Department of Justice for personal protection and revenge.
6. Profited personally from the powers of office, spreading corruption throughout government and society.
7. Delegated sweeping government authority to an unelected businessman, enriching him through federal favor.
8. Enabled the mass collection of citizens’ private data for undisclosed and potentially abusive ends.
Undermining the Rule of Law and Democratic Institutions
10. Sought to overturn lawful elections by deceit, coercion, and fraud.
11. Abducted residents and imprisoned them abroad without trial, inflicting cruel and unusual punishment.
12. Threatened judges, prosecutors, and jurors who upheld the law.
13. Encouraged political violence and undermined the right to peaceful protest.
14. Threatened law firms and educational institutions to silence them.
Economic Harm and Neglect of the Public Good
14. Cut funding for science, education, and public health, to the people’s detriment.
15. Threatened to withhold federal aid from states governed by political rivals.
16. Imposed tariffs without legal or strategic justification, burdening the people and endangering the economy.
17. Destroyed federally funded agencies that serve the people, nullifying the will of Congress.
National Security and Global Democratic Retreat
18. Abandoned democratic allies and embraced authoritarian regimes.
19. Forsaken Ukraine, a democratic ally, while aiding its aggressor and inviting future global war.
20. Undermined global democracy, reversing America’s historic role as its guardian.
21. Dismantled national cyber defenses, leaving the country exposed to foreign attack.
Environmental and Public Safety Failures
22. Dismantled environmental protections, endangering the public and the planet.
23. Spread falsehoods during national emergencies, risking countless lives.
Division, Violence, and Truth Undermined
24. Incited violence against political opponents and private citizens.
25. Attacked a free press and waged war on the truth.
26. Emboldened white supremacists and armed extremists through rhetoric and policy.
27. Exploited the powers of office for vengeance, not service.
28. Sown division among the people to inflame hatred and preserve power.
29. Sowed distrust in the Constitution among the people.
It makes for a ridiculous protest sign! One sheet of paper wide by 5 sheets tall. You have to be up close to read it. An interesting number of people came up to take a closer look. Most did not get the play on the grievances section of the Declaration of Independence. It is sad that most people do not appreciate what went into the founding of our country.
Every day brings a new set of outrages. For me, reading and re-reading this list re-crystalizes why Trump needs to be gone. We don't need new outrages to focus on - they all fit somewhere in this list. The daily new outrages just distract us from the totality of what he is doing.
I do believe that getting people to see this list all at once, in one place, will change our national discourse. It did once before.
Luttig is very disappointing here. He claims that Roberts is presiding over the end of the rule of law, but doesn't want to confront him about it, because of their friendship. That is some weak shit.
Exactly what I was thinking. He wore me out. The whole conversation wore me out. I will read Lettig's words, but my takeaway was that it was only Donald Trump's idiocy about being a king was his breaking point. Oligarchy is no different than monarchy of old. Lettig's spoken words did not get to my heart or my brain. My heart is what is breaking for this country. Anand was absolutely brilliant as usual. I don't know how he did it.
I’m not even done listening to the interview and felt compelled to comment: WTF?!? “He’s overseeing the end of the rule of law but I don’t want to confront him because he’s my friend “. Again… WTF?!?
WTF indeed, Hope. On what principles does Luttig base his friendships - or any relationship with others? Makes him a hypocrite IMO - like the vast majority of the MAGAts I know.
I made it through 75% of the interview. He completely lost me when he denied that corporations don't have excessive power. I feel he is in a conservative bubble to deny that We the People are no longer being served by our government.
I, and many, firmly believe (and document with evidence, as Anand did) that his type of conservatism over the past 40+ years has indeed brought us to this moment in history. Denial is a powerful psychological mechanism that is employed to protect our core beliefs, which if proven wrong, may irreparably damage our psyche. This is where the judge lives.
We have no idea whether he's confronted him; he very likely has but sees no reason to broadcast private discussions to the world which would only damage the relationship and cut off the possibility for future discussion; not to mention the friendship he values. It's ethical and intelligent of him to not discuss.
We don't know: he very likely has or doesn't want to confront him about it. AG requests that he speak w Roberts and that's the best we've got in this intw.
Agree. That, and his unwillingness to say that "corporations are people" was not wrong and that the people are not being usurped by corporate interests in economic, judicial and legal terms. I found myself distrusting him because he only went to the cliff in ditching the conservative mutation in our country, and not jumping over the edge.
We as African Americans supposedly have the 14th amendment. We supposedly have the constitution, and we had The Civil Rights Act. Why was it necessary to be armed with all of these tools, and we continue to fight for our freedom and rights?????
Jeezus, Luttig is clueless. He doesn't think that corporations enjoy too much power. This guy is just another old crank who facilitates preservation of the status quo. Thanks to Anand for persisting and not letting him off the hook.
Anand, I watched your interview live and was genuinely perplexed the whole time, not only as to what Judge believes in but also the underlying values that inform his beliefs. I still have no idea as to what the conservative legal movement is, what it stands for or what the Judge's vision of it is. At a minimum he did seem to concede that corporations are not actually people, as you kept at him to provide something tangible to discuss, but then again maybe not... to me, it seemed that every answer he gave was all wrapped up in some above my understanding legal doctrine that I could never ever begin to understand. I was thinking as I was listening to him that he was in some way the antithesis of someone like a JRR Tolkien, who also lived in a lofty world of thought but who by contrast conveyed those views and values dramatically in his epic Lord of the Rings. Maybe not a fair comparison, but honestly I just couldn't figure out what "the story" behind Judge Luttig is as a person. I do want to thank you Anand for trying in so many ways to bring it out though! After reading the Judge's Substack, for me, tyranny is more than that inflicted by kings, and it is more than just my speech and personal liberties, it is also the economic tyranny inflicted by monied interests, monopolists and oligarchs abetted by kings. That is the story I see playing out everyday. And I see the conservative legal movement as having had and continuing to have a big hand in how that played out, whether intentioned or not!
Judge J. Michael Luttig is another conservative jurist and legal scholar, but no more human than a scorpion. He deftly sidesteps the moral and human ethical questions with strict constructionist legalese. Why does he not condemn his "pal" CJ John Roberts or his failure to foresee the horrid consequences of his support for Clarence, the misogynist, Thomas when the evidence of that failure is obvious? And Citizens United? We did not hear any justification for his opinion that it is in any way a correct legal rendering by this obviously tainted court. Any school child knows that it is wrong and detrimental to the democratic principles he says he defends. Anand, you pressed him many times to answer your pointed questions, and he sidestepped with carefully considered claptrap. Sorry, but I am not a fan of his. He covers his covert partisanship with his argument of grievances against King Trump but fails to link the recent partisan history of the Republican Party with the mess he himself fostered. I am not buying his bullshit.
To be honest Anand, I was disappointed and Judge Luttig disappointed me for the first time in this battle. How can you not, on the eve of destruction, verbalize what you would or would not have told your friend and colleague about presiding over the END OF THE RULE OF LAW IN THE UNITED STATES? I admit, I came in towards the end so maybe I missed something but I was disappointed to hear what I did after I logged on. If he is so insistent the end is near, why not be brave and tell Roberts what he thinks? No one is coming to our rescue and this is going to end badly I fear. I can’t believe I’m even talking about such a scenario. Capitalism and greed combined with cruelty towards our fellow man destroyed America and the system let it happen.
Catch his interview with Legal AF and you may hear more about this. I think he hedged his responses here. Over there it seems like he alludes to judge Robert’s intelligence and awareness as precluding any idea that he doesn’t know what is happening if I understood correctly and I wasn’t listening as deeply as I am here as I was gardening while hearing that interview. I’m impressed nonetheless by both interviews.
It's a big assumption. We have no idea whether he's confronted him; he very likely has but sees no reason to broadcast private discussions to the world which would only damage the relationship and cut off the possibility for future discussion; not to mention the friendship he values. It's ethical and intelligent of him to not discuss.
A brilliant mind with a very deep and thoughtful understanding of the Declaration and Constitution like few others, but also desperate to deny any culminating connection between his self-defining conservative view of constitutional law and its comfortable compatibility with the concentration of power and wealth that has brought us to the steps of oligarchy. He doesn't think there is anything in the constitution that would prevent giving a company the rights of an individual, which may be correct in a conservative sense, but fails to see the autocratic ramparts it constructs to set the stage for the anointed King Trump. Compliments to Anand for a skillful yet respectful probing of this complicated man.
I’ll read them but based on this interview, Luttig, as a SCOTUS judge, would have voted for Citizen’s United. On the Dobbs decision, who knows, but I have my suspicions - he’s so proud of his conservative views which are based in his 50 year old values.
Perhaps, but we will never know. He is so passionate about the constitution and the rule of law. He has roundly criticized Robert’s. I am a life long progressive, but his thoughtful words are encouraging.
I just sent a friend a one month gift subscription to introduce her to your Substack, Anand, but especially so she can watch this. I hope she does. Your questions were outstanding, creating an intense in-a-good-way discussion with Judge Luttig. You are not afraid to ask the tough questions and then press for the answer when needed. Outstanding discussion with much food for thought. So glad to be a subscriber.
Judge Luttig just can’t admit what Roberts has done & is doing ,or that Thomas & Alito are as well. The end of our democracy is the blood on their hands & Luttig is being far too slippery here.
This was painful. Per Luttig, Trump is "a clear and present danger" while the conservative legal movement remains above reproach. Assuming Luttig is beyond cute lawyer tricks, history did not start when Donald Trump was elected. Moreover, John Roberts has spent his entire career demonizing the administrative state and immunizing corp power and the wealthy from democracy. Luttig certainly is part of that legacy. Finally, with respect to 'self-evident truths,' Luttig (and the entire federal judiciary) would be well-advised to absorb Jill Lepore's 2018 masterpiece, These Truths: A History of the United States - she nails it.
Sorry but I really don’t like lutig’s responses on many responses. He obviously has relationships with the very people who have broken our rule of law. I haven’t seen him be so cagey before and unless I’m misunderstanding him I’m not liking this interview with him. Interesting to see this side of him and my respect has changed.
Thank you, Anand! This was one of the most important interviews that I have seen to date. We need to keep Chief Justice John Roberts’ complicity in the trashing of our Constitution and democratic republic in the public eye! He and his “corporations are people” cronies have been plotting against a pluralistic American society for decades in favor of a white Christian nation.
Also, I agree wholeheartedly with judge Luttig that our founders were deeply influenced by the “self evident” truths at the core of their ethical values!
In my view the Preamble of the Constitution is the vision statement for the American Soul! It should be read out loud at every official meeting by all who have sworn or affirmed allegiance to the Constitution!
Luttig likes threading needles. Comes across to me as BS and he goes out of his way to keep conservative thought and theories center of all his beliefs.
Here is my take on a modern day Declaration of Independence. It's what went on my No Kings protest sign.
The history of the present president of the USA, Donald J. Trump, is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world.
Abuse of Power and Corruption
1. Violated his Oath by disregarding the Constitution he swore to defend.
2. Mocked the rule of law and declared himself above its reach.
3. Obstructed justice and shielded allies from lawful accountability.
4. Purged federal agencies of experts and installed loyalists in their place.
5. Corrupted the Department of Justice for personal protection and revenge.
6. Profited personally from the powers of office, spreading corruption throughout government and society.
7. Delegated sweeping government authority to an unelected businessman, enriching him through federal favor.
8. Enabled the mass collection of citizens’ private data for undisclosed and potentially abusive ends.
Undermining the Rule of Law and Democratic Institutions
10. Sought to overturn lawful elections by deceit, coercion, and fraud.
11. Abducted residents and imprisoned them abroad without trial, inflicting cruel and unusual punishment.
12. Threatened judges, prosecutors, and jurors who upheld the law.
13. Encouraged political violence and undermined the right to peaceful protest.
14. Threatened law firms and educational institutions to silence them.
Economic Harm and Neglect of the Public Good
14. Cut funding for science, education, and public health, to the people’s detriment.
15. Threatened to withhold federal aid from states governed by political rivals.
16. Imposed tariffs without legal or strategic justification, burdening the people and endangering the economy.
17. Destroyed federally funded agencies that serve the people, nullifying the will of Congress.
National Security and Global Democratic Retreat
18. Abandoned democratic allies and embraced authoritarian regimes.
19. Forsaken Ukraine, a democratic ally, while aiding its aggressor and inviting future global war.
20. Undermined global democracy, reversing America’s historic role as its guardian.
21. Dismantled national cyber defenses, leaving the country exposed to foreign attack.
Environmental and Public Safety Failures
22. Dismantled environmental protections, endangering the public and the planet.
23. Spread falsehoods during national emergencies, risking countless lives.
Division, Violence, and Truth Undermined
24. Incited violence against political opponents and private citizens.
25. Attacked a free press and waged war on the truth.
26. Emboldened white supremacists and armed extremists through rhetoric and policy.
27. Exploited the powers of office for vengeance, not service.
28. Sown division among the people to inflame hatred and preserve power.
29. Sowed distrust in the Constitution among the people.
Excellent List akin to the one Amy Suskin tended to in his first term - and all devastatingly true- how many protest signs did it take to fit it all?
IF Everyone who is outraged studied this list and spread it I wonder if it would do us any good?
(I am personally feeling so powerless and I know that’s their point!)
It makes for a ridiculous protest sign! One sheet of paper wide by 5 sheets tall. You have to be up close to read it. An interesting number of people came up to take a closer look. Most did not get the play on the grievances section of the Declaration of Independence. It is sad that most people do not appreciate what went into the founding of our country.
Every day brings a new set of outrages. For me, reading and re-reading this list re-crystalizes why Trump needs to be gone. We don't need new outrages to focus on - they all fit somewhere in this list. The daily new outrages just distract us from the totality of what he is doing.
I do believe that getting people to see this list all at once, in one place, will change our national discourse. It did once before.
This would make a highly restackable post.
Luttig is very disappointing here. He claims that Roberts is presiding over the end of the rule of law, but doesn't want to confront him about it, because of their friendship. That is some weak shit.
Exactly what I was thinking. He wore me out. The whole conversation wore me out. I will read Lettig's words, but my takeaway was that it was only Donald Trump's idiocy about being a king was his breaking point. Oligarchy is no different than monarchy of old. Lettig's spoken words did not get to my heart or my brain. My heart is what is breaking for this country. Anand was absolutely brilliant as usual. I don't know how he did it.
I’m not even done listening to the interview and felt compelled to comment: WTF?!? “He’s overseeing the end of the rule of law but I don’t want to confront him because he’s my friend “. Again… WTF?!?
WTF indeed, Hope. On what principles does Luttig base his friendships - or any relationship with others? Makes him a hypocrite IMO - like the vast majority of the MAGAts I know.
I think this man is highly compartmentalized.
I made it through 75% of the interview. He completely lost me when he denied that corporations don't have excessive power. I feel he is in a conservative bubble to deny that We the People are no longer being served by our government.
I, and many, firmly believe (and document with evidence, as Anand did) that his type of conservatism over the past 40+ years has indeed brought us to this moment in history. Denial is a powerful psychological mechanism that is employed to protect our core beliefs, which if proven wrong, may irreparably damage our psyche. This is where the judge lives.
And to say that Scalia is his hero. All I can do is shake my head.
We have no idea whether he's confronted him; he very likely has but sees no reason to broadcast private discussions to the world which would only damage the relationship and cut off the possibility for future discussion; not to mention the friendship he values. It's ethical and intelligent of him to not discuss.
Thank you Suzanne, well put.
We don't know: he very likely has or doesn't want to confront him about it. AG requests that he speak w Roberts and that's the best we've got in this intw.
Judge Luttig doesn't strike me as the kind of man who would not speak his mind on something he places such high value and importance on.
I agree. What personal friends say to each other isn't podcast fodder.
Agree. That, and his unwillingness to say that "corporations are people" was not wrong and that the people are not being usurped by corporate interests in economic, judicial and legal terms. I found myself distrusting him because he only went to the cliff in ditching the conservative mutation in our country, and not jumping over the edge.
We as African Americans supposedly have the 14th amendment. We supposedly have the constitution, and we had The Civil Rights Act. Why was it necessary to be armed with all of these tools, and we continue to fight for our freedom and rights?????
Why indeed, Mary?
Jeezus, Luttig is clueless. He doesn't think that corporations enjoy too much power. This guy is just another old crank who facilitates preservation of the status quo. Thanks to Anand for persisting and not letting him off the hook.
Anand, I watched your interview live and was genuinely perplexed the whole time, not only as to what Judge believes in but also the underlying values that inform his beliefs. I still have no idea as to what the conservative legal movement is, what it stands for or what the Judge's vision of it is. At a minimum he did seem to concede that corporations are not actually people, as you kept at him to provide something tangible to discuss, but then again maybe not... to me, it seemed that every answer he gave was all wrapped up in some above my understanding legal doctrine that I could never ever begin to understand. I was thinking as I was listening to him that he was in some way the antithesis of someone like a JRR Tolkien, who also lived in a lofty world of thought but who by contrast conveyed those views and values dramatically in his epic Lord of the Rings. Maybe not a fair comparison, but honestly I just couldn't figure out what "the story" behind Judge Luttig is as a person. I do want to thank you Anand for trying in so many ways to bring it out though! After reading the Judge's Substack, for me, tyranny is more than that inflicted by kings, and it is more than just my speech and personal liberties, it is also the economic tyranny inflicted by monied interests, monopolists and oligarchs abetted by kings. That is the story I see playing out everyday. And I see the conservative legal movement as having had and continuing to have a big hand in how that played out, whether intentioned or not!
It was intentional. See the Powell memo.
Judge J. Michael Luttig is another conservative jurist and legal scholar, but no more human than a scorpion. He deftly sidesteps the moral and human ethical questions with strict constructionist legalese. Why does he not condemn his "pal" CJ John Roberts or his failure to foresee the horrid consequences of his support for Clarence, the misogynist, Thomas when the evidence of that failure is obvious? And Citizens United? We did not hear any justification for his opinion that it is in any way a correct legal rendering by this obviously tainted court. Any school child knows that it is wrong and detrimental to the democratic principles he says he defends. Anand, you pressed him many times to answer your pointed questions, and he sidestepped with carefully considered claptrap. Sorry, but I am not a fan of his. He covers his covert partisanship with his argument of grievances against King Trump but fails to link the recent partisan history of the Republican Party with the mess he himself fostered. I am not buying his bullshit.
To be honest Anand, I was disappointed and Judge Luttig disappointed me for the first time in this battle. How can you not, on the eve of destruction, verbalize what you would or would not have told your friend and colleague about presiding over the END OF THE RULE OF LAW IN THE UNITED STATES? I admit, I came in towards the end so maybe I missed something but I was disappointed to hear what I did after I logged on. If he is so insistent the end is near, why not be brave and tell Roberts what he thinks? No one is coming to our rescue and this is going to end badly I fear. I can’t believe I’m even talking about such a scenario. Capitalism and greed combined with cruelty towards our fellow man destroyed America and the system let it happen.
By having this interview, which is broadcasted, he HAS eventually told the Chief Justice, since the word will definitely get back to him.
Catch his interview with Legal AF and you may hear more about this. I think he hedged his responses here. Over there it seems like he alludes to judge Robert’s intelligence and awareness as precluding any idea that he doesn’t know what is happening if I understood correctly and I wasn’t listening as deeply as I am here as I was gardening while hearing that interview. I’m impressed nonetheless by both interviews.
It's a big assumption. We have no idea whether he's confronted him; he very likely has but sees no reason to broadcast private discussions to the world which would only damage the relationship and cut off the possibility for future discussion; not to mention the friendship he values. It's ethical and intelligent of him to not discuss.
A brilliant mind with a very deep and thoughtful understanding of the Declaration and Constitution like few others, but also desperate to deny any culminating connection between his self-defining conservative view of constitutional law and its comfortable compatibility with the concentration of power and wealth that has brought us to the steps of oligarchy. He doesn't think there is anything in the constitution that would prevent giving a company the rights of an individual, which may be correct in a conservative sense, but fails to see the autocratic ramparts it constructs to set the stage for the anointed King Trump. Compliments to Anand for a skillful yet respectful probing of this complicated man.
What a loss to our country that Judge Luttig is not on the Supreme Court. Listen to the podcast and read Judge Luttig’s essay.
I’ll read them but based on this interview, Luttig, as a SCOTUS judge, would have voted for Citizen’s United. On the Dobbs decision, who knows, but I have my suspicions - he’s so proud of his conservative views which are based in his 50 year old values.
Perhaps, but we will never know. He is so passionate about the constitution and the rule of law. He has roundly criticized Robert’s. I am a life long progressive, but his thoughtful words are encouraging.
Excellent! Thank you!
I just sent a friend a one month gift subscription to introduce her to your Substack, Anand, but especially so she can watch this. I hope she does. Your questions were outstanding, creating an intense in-a-good-way discussion with Judge Luttig. You are not afraid to ask the tough questions and then press for the answer when needed. Outstanding discussion with much food for thought. So glad to be a subscriber.
Curious why we keep using the word “conservative “ for anything but?
I wonder the same Bren, it seems they are bent on destruction, not conserving.
Judge Luttig just can’t admit what Roberts has done & is doing ,or that Thomas & Alito are as well. The end of our democracy is the blood on their hands & Luttig is being far too slippery here.
This was painful. Per Luttig, Trump is "a clear and present danger" while the conservative legal movement remains above reproach. Assuming Luttig is beyond cute lawyer tricks, history did not start when Donald Trump was elected. Moreover, John Roberts has spent his entire career demonizing the administrative state and immunizing corp power and the wealthy from democracy. Luttig certainly is part of that legacy. Finally, with respect to 'self-evident truths,' Luttig (and the entire federal judiciary) would be well-advised to absorb Jill Lepore's 2018 masterpiece, These Truths: A History of the United States - she nails it.
Sorry but I really don’t like lutig’s responses on many responses. He obviously has relationships with the very people who have broken our rule of law. I haven’t seen him be so cagey before and unless I’m misunderstanding him I’m not liking this interview with him. Interesting to see this side of him and my respect has changed.
Thank you, Anand! This was one of the most important interviews that I have seen to date. We need to keep Chief Justice John Roberts’ complicity in the trashing of our Constitution and democratic republic in the public eye! He and his “corporations are people” cronies have been plotting against a pluralistic American society for decades in favor of a white Christian nation.
Also, I agree wholeheartedly with judge Luttig that our founders were deeply influenced by the “self evident” truths at the core of their ethical values!
In my view the Preamble of the Constitution is the vision statement for the American Soul! It should be read out loud at every official meeting by all who have sworn or affirmed allegiance to the Constitution!
Luttig likes threading needles. Comes across to me as BS and he goes out of his way to keep conservative thought and theories center of all his beliefs.