Before Covid, Gabe Whitney, a 41-year-old from West Bath, Maine, didn’t think much about vaccines. He wasn’t very political — he didn’t vote in 2020, he said, because he thought Donald Trump was a “psycho” and Joe Biden was “corrupt.” It wasn’t until the pandemic that Whitney started regularly watching the news, but as he did, he felt like things weren’t adding up. He doubted what he called “the narrative” and struggled with the hostility his questions about vaccines and other mitigations elicited from those close to him. He described being “blamed and labeled as someone who’s part of the problem because you’re questioning. Like not taking a stance on it, but just questioning. That was the worst.”
Whitney started gravitating toward people who see skepticism of mainstream public health directives as a sign of courage rather than selfishness and delusion. He began following anti-vax figures like Del Bigtree, Robert Malone and, of course, Robert F. Kennedy Jr., whom Whitney already admired for his environmental work. Kennedy has long touted an illusory connection between vaccines and autism, and has repeatedly said that pandemic restrictions arose from a C.I.A. plan to “clamp down totalitarian control.” If Kennedy was so wrong, Whitney thought, it didn’t make sense that his critics wouldn’t debate him. “When someone is taking such an unpopular position, and then nobody wants to debate them, that says something to me,” he said.
I met Whitney this month at a rally for Kennedy, now running for the Democratic presidential nomination, at Saint Anselm College, just outside Manchester, N.H. I’d gone because I was curious about who was turning out to see the candidate. Among many Democrats, there’s an assumption that Kennedy’s surprising strength in some polls — an Emerson College survey from April showed him getting 21 percent in a Democratic primary — is mostly attributable to the magic of his name and anxiety about Joe Biden’s age. This is probably at least partly true. As media coverage has made Democrats more aware of Kennedy’s conspiratorial views, his support has fallen; a recent Saint Anselm poll had him at only 9 percent, barely ahead of Marianne Williamson.
At the same time, Kennedy has a sincere and passionate following. When I arrived at the St. Anselm venue, I was surprised by the enormous line snaking out the door. It quickly became clear that many people weren’t going to make it into the 580-seat auditorium. (I requested an interview with Kennedy, but never heard back from the person I was told could schedule it.)
In New Hampshire, I didn’t meet any loyal Democrats who were there just to scope out the alternatives. The 2020 Biden voters I encountered were dead set against voting for him again; some, disenchanted by vaccine mandates and American support for Ukraine, even said they preferred Donald Trump. Like Whitney, several people I spoke to hadn’t voted at all in 2020 because they didn’t like their choices. Some attendees said they leaned right, and others identified with the Bernie Sanders wing of the Democratic Party.
What brought them all together was a peculiar combination of cynicism and credulity. The people I encountered believe that they are living under a deeply sinister regime that lies to them about almost everything that matters. And they believe that with the Kennedy campaign, we might be on the cusp of redemption.
In 2021, Charles Eisenstein, an influential New Age writer, described the assassination of John F. Kennedy as the primal wound that brought America to its current lamentable state. “It is like a radioactive pellet lodged inside the body politic,” he wrote, “generating an endlessly metastasizing cancer that no one has been able to trace to its source.”
Eisenstein takes it for granted that J.F.K.’s murder was orchestrated by the national security state, a view also held by R.F.K. Jr., the former president’s nephew. Because the official story “beggars belief,” Eisenstein argued, it engendered in the populace a festering distrust of all official narratives. At the same time, the cover-up led the government to regard the people it’s been continually deceiving with contempt, as “unruly schoolchildren who must be managed, surveilled, tracked, locked up and locked down for their own good.”
A Kennedy restoration, Eisenstein believes, would heal the corrosive injury that separates the people from their putative leaders, putting America back on the confident and optimistic trajectory from which it was diverted in 1963. In May, he joined Robert F. Kennedy Jr.’s campaign as a senior adviser working on messaging and strategy.
“There was a timeline in which America was, however flawed, it was moving towards greater and greater virtue,” Eisenstein said in a podcast he and Kennedy recorded together. J.F.K.’s assassination jolted America onto a different, darker timeline, but perhaps not permanently. “I feel like maybe that timeline hasn’t died,” Eisenstein said of the earlier era. “Maybe we can pick up that thread. And it’s so significant that a Kennedy just so happens to be in a position to do that. It’s one of the synchronicities that speak to, or speak from, a larger organizing intelligence in the world.”
To those of us who see Kennedy as an anti-vax conspiracy theorist, his campaign looks like either a farce or a dirty trick, one boosted by MAGA figures like Roger Stone and Steve Bannon to weaken Joe Biden ahead of the 2024 election. But to many in his substantial following, it has a messianic cast, promising deliverance from the division and confusion that began with J.F.K.’s assassination and reached a terrifying apotheosis during the Covid pandemic. “We are in the last battle,” Kennedy said in a 2021 speech at a California church famous for defying pandemic restrictions. “This is the apocalypse. We are fighting for the salvation of all humanity.”
In Kennedy’s campaign, this chiliastic vision is translated into a story about the renewal of a lost American golden age, before the murders of his uncle and then his father, Robert F. Kennedy. In New Hampshire, his appearance was more than just a campaign stop — it commemorated the 60th anniversary of J.F.K.’s famous “Peace Speech” at American University, where the young president had called on his countrymen “not to see conflict as inevitable, accommodation as impossible and communication as nothing more than an exchange of threats.”
Standing before a row of American flags in that packed Saint Anselm auditorium, wearing a suit and a 1960s-style skinny tie, Kennedy reworked his uncle’s speech as a call to empathize with Vladimir Putin’s perspective on Ukraine. He cast American support for Volodymyr Zelensky’s government as a continuation of our country’s forever wars, which he posited as the cause of American decline. As he often does, he mixed highly tendentious arguments — attributing Russia’s invasion of Ukraine in part to “repeated deliberate provocations” by America — with resonant truths. “Waging endless wars abroad, we have neglected the foundation of our own well-being,” he said. “We have a decaying economic infrastructure, we have a demoralized people and despairing people. We have toxins in our air and our soil and our water. We have deteriorating mental and physical health.”
A new Kennedy presidency, he claimed, could revive us. “We can restore America to the awesome vitality of the original Kennedy era,” he said. It was a softer, more eloquent version of Make America Great Again, and the audience loved it.
When the speech was over, the crowd was invited to join one of three breakout sessions. I chose “Peace Consciousness in Foreign Policy,” a dialogue led by Eisenstein. “You could say manifest, or you can say prophesize, but we need to see that this is possible,” a woman at the talk said about the prospect of a Kennedy presidency. “We all need to hold that view and magnetize it.” The people around her hooted and applauded.
It is in fact possible that Kennedy will win the primary in New Hampshire, because, as a result of a dispute over the Democratic National Committee’s changes to the primary calendar, Biden might not be on the ballot. That doesn’t mean Kennedy poses an electoral threat to Biden; he almost certainly does not. Still, the movement around him represents a significant post-Covid social phenomenon: a coalition of the distrustful that cuts across divisions of right and left.
It’s also both a show of strength and a potential recruiting vehicle for what Derek Beres, Matthew Remski and Julian Walker call “conspirituality,” the intermarriage of conspiracy theorism and wellness culture that flowered during the pandemic. In their new book, “Conspirituality: How New Age Conspiracy Theories Became a Health Threat,” they show how crunchy yoga influencers were pulled into the paranoid orbit of QAnon. Conspiritualists warned that “the pandemic was a ruse through which governments, Big Pharma and amoral tech companies could execute ancient plans for world domination,” they wrote. “The sacred circle of family and nature — from which health and fulfillment flow — was under attack.”
In their book, the writers describe Kennedy’s adviser Eisenstein as “a kind of Covid mystic for conspirituality intellectuals.” Eisenstein’s viral 9,000-word essay “The Coronation,” published in March 2020, was a key document among Covid skeptics and dissidents, championed by the formerly leftist actor Russell Brand, quoted by Ivanka Trump and tweeted by Jack Dorsey, a co-founder of Twitter, who recently endorsed Kennedy.
“There’s a huge political realignment going on in this country, where a lot of the old categories — liberal, conservative — just don’t make sense anymore,” Eisenstein told me after the New Hampshire event. The Kennedy campaign, he said, “is unifying people who have really lost trust in the system, lost trust in politicians, lost trust — no offense intended — in the media.”
A few days after the speech, I met Aubrey Marcus, who co-founded a multimillion-dollar nutritional supplement company, Onnit, with the podcaster Joe Rogan, at the cafe in the Soho Grand Hotel. Marcus, a self-help guru, author, podcaster and ayahuasca promoter based in Austin, Texas, who recently led the football star Aaron Rodgers on a darkness retreat in Oregon, is an ardent Kennedy backer, though he’s never voted in his life. “This is as strong a belief in a cause as I’ve ever had,” he said. Many people he knows, he told me, share his enthusiasm: There’s “more excitement than I’ve ever seen about any politician, ever.”
That excitement is only intensified by a sense that the establishment is trying to silence Kennedy, who during the pandemic was booted from major social media platforms for promoting untruths about vaccines. Marcus denounced “the broad application of censorship for very complicated issues” and attempts to “remove people from the conversation and saying they don’t deserve a voice.”
The celebration of Kennedy as a free-speech icon creates a dilemma for those who think that by discouraging lifesaving vaccinations, he’s going to get people killed. This month, after Peter Hotez, a well-known vaccine scientist, criticized Joe Rogan for letting Kennedy spread vaccine misinformation on his podcast, Rogan offered to donate $100,000 to the charity of Hotez’s choice if he’d debate Kennedy on his show. A billionaire hedge fund manager, Bill Ackman, offered an additional $150,000, and one Covid contrarian after another chimed in to add to the pot. “He’s afraid of a public debate, because he knows he’s wrong,” Elon Musk tweeted. As the pile-on mounted, anti-vaccine activists showed up at Hotez’s house, harassing him for his refusal to square off against Kennedy.
Hotez, whose book “Vaccines Did Not Cause Rachel’s Autism” was inspired by his autistic daughter, has actually spoken to Kennedy several times in the past in an effort to convince him that he’s wrong about vaccines. It was, Hotez told me, frustrating and fruitless. “You’d debunk one thing and then he’d come up with something else,” he said. Hotez has been a guest on Rogan’s podcast before and is more than willing to return, but said, “Having Bobby there will just turn it into ‘The Jerry Springer Show.’”
I sympathize with Hotez’s position, which is the same one taken by experts in many fields when challenged to debate cranks. Richard Dawkins, the evolutionary biologist, refuses to debate creationists because he doesn’t want to treat them as legitimate interlocutors. Deborah Lipstadt, a Holocaust historian and diplomat, has written that trying to debate Holocaust deniers is like “trying to nail a blob of jelly to the wall. It’s impossible because no matter what you say to them, they’re going to make something up.” To debate a conspiracy theorist, one must be fluent not just in facts but also in a near-limitless arsenal of non-facts.
Still, it’s obvious enough why Kennedy’s sympathizers view it as a moral victory when experts refuse to engage with him. To successfully quarantine certain ideas, you need some sort of social consensus about what is and isn’t beyond the pale. In America, that consensus has broken down. Liberals, justifiably panicked by epistemological chaos, have sometimes tried to reassert consensus by treating more and more subjects — like the lab-leak theory of Covid’s origin — as unworthy of public argument. But the proliferation of taboos can give stigmatized ideas the sheen of secret knowledge. When the boundaries of acceptable discourse are policed too stringently — and with too much unearned certainty — that can be a recipe for red pills.
A Kennedy presidency, some of the candidate’s supporters hope, will knock those boundaries down. One of those supporters is my old boss David Talbot, a co-founder of the online magazine Salon.com. “Bobby talks about the censorship culture coming out of the left,” Talbot told me when we talked recently. “I think that’s a dangerous trend. On the left, liberals used to be against censorship. We’re now shutting down free speech.”
This is, no doubt, a lament you’ve heard before, and maybe one you agree with. A common theme among old-school liberals disenchanted with contemporary progressivism is that it’s sanctimonious and intolerant. But talking to Kennedy fans, I heard something more than just complaints about cancel culture. I heard an almost spiritual belief that Kennedy, by being brave enough to speak some unspeakable truth, could heal the hatred and suspicions that make Americans want to shut one another down.
For Talbot, a longtime friend of Robert F. Kennedy Jr. and the author of “Brothers: The Hidden History of the Kennedy Years,” that truth is that the American government killed both J.F.K. and R.F.K., along with Martin Luther King Jr. and Malcolm X. Talbot compared the former president’s assassination to the body in Edgar Allan Poe’s “The Tell-Tale Heart.” “It’s the tragic event underneath the floorboards, a corpse that’s stinking up our house of democracy,” he said. Being honest about it, he believes, “would be the beginning of a truth and reconciliation process that I think this country desperately needs. Any public figure who’s willing to say what should be said, to wipe the slate clean and get at this kind of truth about who really runs this country, about who benefits, is to be applauded, not to be smeared.”
This notion of wiping the slate clean — or Eisenstein’s idea about returning to an aborted timeline — is a powerful one. Who wouldn’t want to reach into the past and undo the errors and accidents that have brought us to this miserable moment? As politics it’s a harmful fantasy; movements that promise to restore a halcyon era of national unity always are. As a quasi-religious impulse — or as the drive of a candidate seeking to return to a time before his uncle and father were murdered — it’s perhaps more understandable. “A lot of people fall into despair when they take in the hopelessness of our situation,” Eisenstein said on Marcus’s podcast last week. “And it is in fact hopeless if you don’t incorporate what we’re calling miracles.”
Today the Supreme Court followed up on yesterday’s decision gutting affirmative action with three decisions that will continue to push the United States back to the era before the New Deal.
In 303 Creative LLC v. Elenis the court said that the First Amendment protects website designer Lorie Smith from having to use words she doesn’t believe in support of gay marriage. To get there, the court focused on the marriage website designer’s contention that while she is willing to work with LGBTQ customers, she doesn’t want to use her own words on a personalized website to celebrate gay marriages. Because of that unwillingness, she said, she wants to post on her website that she will not make websites for same-sex weddings. She says she is afraid that in doing so, she will run afoul of Colorado’s anti-discrimination laws, which prevent public businesses from discriminating against certain groups of people.
This whole scenario of being is prospective, by the way: her online business did not exist and no one had complained about it. Smith claims she wants to start the business because “God is calling her ‘to explain His true story about marriage.’” She alleges that in 2016, a gay man approached her to make a website for his upcoming wedding, but yesterday, Melissa Gira Grant of The New Republic reported that, while the man allegedly behind the email does exist, he is an established designer himself (so why would he hire someone who was not?), is not gay, and married his wife 15 years ago. He says he never wrote to Smith, and the stamp on court filings shows she received it the day after she filed the suit.
Despite this history, by a 6–3 vote, the court said that Smith was being hurt by the state law and thus had standing to sue. It decided that requiring the designer to use her own words to support gay marriage violated the First Amendment’s guarantee of free speech.
Taken together with yesterday’s decision ruling that universities cannot consider race as a category in student admissions, the Supreme Court has highlighted a central contradiction in its interpretation of government power: if the Fourteenth Amendment limits the federal government to making sure that there is no discrimination in the United States on the basis of race—the so-called “colorblind” Constitution—as the right-wing justices argued yesterday, it is up to the states to make sure that state laws don’t discriminate against minorities. But that requires either protecting voting rights or accepting minority rule.
This problem has been with us since before the Civil War, when lawmakers in the southern states defended their enslavement of their Black (and Indigenous) neighbors by arguing that true democracy was up to the voters and that those voters had chosen to support enslavement. After the Civil War, most lawmakers didn’t worry too much about states reimposing discriminatory laws because they included Black men as voters first in 1867 with the Military Reconstruction Act and then in 1870 with the Fifteenth Amendment to the Constitution, and they believed such political power would enable Black men to shape the laws under which they lived.
But in 1875 the Supreme Court ruled in Minor v. Happersett that it was legal to cut citizens out of the vote so long as the criteria were not about race. States excluded women, who brought the case, and southern states promptly excluded Black men through literacy clauses, poll taxes, and so on. Northern states mirrored southern laws with their own, designed to keep immigrants from exercising a voice in state governments. At the same time, southern states protected white men from the effects of these exclusionary laws with so-called grandfather clauses, which said a man could vote so long as his grandfather had been eligible.
It turned out that limiting the Fourteenth Amendment to questions of race and letting states choose their voters cemented the power of a minority. The abandonment of federal protection for voting enabled white southerners to abandon democracy and set up a one-party state that kept Black and Brown Americans as well as white women subservient to white men. As in all one-party states, there was little oversight of corruption and no guarantee that laws would be enforced, leaving minorities and women at the mercy of a legal system that often looked the other way when white criminals committed rape and murder.
Many Americans tut-tutted about lynching and the cordons around Black life, but industrialists insisted on keeping the federal government small because they wanted to make sure it could not regulate their businesses or tax them. They liked keeping power at the state level; state governments were far easier to dominate. Southerners understood that overlap: when a group of southern lawmakers in 1890 wrote a defense of the South’s refusal to let Black men vote, they “respectfully dedicated” the book to “the business men of the North.”
In the 1930s the Democrats under President Franklin Delano Roosevelt undermined this coalition by using the federal government to regulate business and provide a social safety net. In the 1940s and 1950s, as racial and gender atrocities began to highlight in popular media just how discriminatory state laws really were, the Supreme Court went further, recognizing that the Fourteenth Amendment’s declaration that states could not deprive any person of the equal protection of the laws meant that the federal government must protect the rights of minorities when states would not. Those rules created modern America.
This is what the radical right seeks to overturn. Yesterday the Supreme Court said that the Fourteenth Amendment could not address racial disparities, but today, like lawmakers in the 1870s, it signaled that it would not protect voting in the states either. It rejected a petition for a review of Mississippi’s strict provision for taking the vote away from felons. That law illustrates just how fully we’re reliving our history: it dates from the 1890 Mississippi constitution that cemented power in white hands. Black Mississippians are currently 2.7 times more likely than white Mississippians to lose the right to vote under the law.
The court went even further today than allowing states to choose their voters. It said that even if state voters do call for minority protections, as Colorado’s anti-discrimination laws do, states cannot protect minorities in the face of someone’s religious beliefs. In her dissent, Justice Sonia Sotomayor wrote that for “the first time in its history,” the court has granted “a business open to the public a constitutional right to refuse to serve members of a protected class.”
It is worth noting that segregation was defended as a deeply held religious belief.
Today, using a case concerning school loans, the Supreme Court also took aim at the power of the federal government to regulate business. In Biden v. Nebraska the court declared by a vote of 6 to 3 that President Biden’s loan forgiveness program, which offered to forgive up to $20,000 of federally held student debt, was unconstitutional. The right-wing majority of the court argued that Congress had not intended to give that much power to the executive branch, although the forgiveness plan was based on law that gave the secretary of education the power to “waive or modify any statutory or regulatory provision applicable to the student financial assistance programs…as the Secretary deems necessary in connection with a…national emergency…to ensure” that “recipients of student financial assistance…are not placed in a worse position financially in relation to that financial assistance because of [the national emergency]”.
The right-wing majority based its decision on the so-called major questions doctrine, invented to claw back regulatory power from the federal government. By saying that Congress cannot delegate significant decisions to federal agencies, which are in the executive branch, the court takes on itself the power to decide what a “significant” decision is. The court established this new doctrine in the West Virginia v. Environmental Protection Agency case, stripping the EPA of its ability to regulate certain kinds of air pollution.
“Let’s not beat around the bush,” constitutional analyst Ian Millhiser wrote today in Vox, today’s decision in Biden v. Nebraska “is complete and utter nonsense. It rewrites a federal law which explicitly authorizes the loan forgiveness program, and it relies on a fake legal doctrine known as ‘major questions’ which has no basis in any law or any provision of the Constitution.”
Today’s Supreme Court, packed as it has been by right-wing money behind the Federalist Society and that society’s leader, Leonard Leo, is taking upon itself power over the federal government and the state governments to recreate the world that existed before the New Deal.
Education Secretary Miguel Cardona called out the lurch toward turning the government over to the wealthy, supported as it is by religious footsoldiers like Lorie Smith: “Today, the court substituted itself for Congress,” Cardona told reporters. “It’s outrageous to me that Republicans in Congress and state offices fought so hard against a program that would have helped millions of their own constituents. They had no problem handing trillion-dollar tax cuts to big corporations and the super wealthy.”
Cardona made his point personal: “And many had no problems accepting millions of dollars in forgiven pandemic loans, like Senator Markwayne Mullin from Oklahoma had more than $1.4 million in pandemic loans forgiven. He represents 489,000 eligible borrowers that were turned down today. Representative Brett Guthrie from Kentucky had more than $4.4 million forgiven. He represents more than 90,000 eligible borrowers who were turned down today. Representative Marjorie Taylor Greene from Georgia had more than $180,000 forgiven. She represents more than 91,800 eligible borrowers who were turned down today.”
In the majority opinion of Biden v. Nebraska, Chief Justice John Roberts lamented that those who dislike the court’s decisions have accused the court of “going beyond the proper role of the judiciary.” He defended the court’s decision and urged those who disagreed with it not to disparage the court because “such misperception would be harmful to this institution and our country.” But what is at stake is not simply these individual decisions, whether or not you agree with them; at stake is the way our democracy operates.
Norman Ornstein of the American Enterprise Institute didn’t offer much hope for Roberts’s plea. “It is not just the rulings the Roberts Court is making,” he tweeted. “They created out of [w]hole cloth a bogus, major questions doctrine. They made a mockery of standing. They rewrite laws to fit their radical ideological preferences. They have unilaterally blown up the legitimacy of the Court.”
In a shot across the bow of this radical court, in her dissent to Biden v. Nebraska, Justice Elena Kagan wrote that “the Court, by deciding this case, exercises authority it does not have. It violates the Constitution.”
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Norman Ornstein of the American Enterprise Institute didn’t offer much hope for Roberts’s plea. “It is not just the rulings the Roberts Court is making,” he tweeted. “They created out of [w]hole cloth a bogus, major questions doctrine. They made a mockery of standing. They rewrite laws to fit their radical ideological preferences. They have unilaterally blown up the legitimacy of the Court.”
In a shot across the bow of this radical court, in her dissent to Biden v. Nebraska, Justice Elena Kagan wrote that “Norman Ornstein of the American Enterprise Institute didn’t offer much hope for Roberts’s plea. “It is not just the rulings the Roberts Court is making,” he tweeted. “They created out of [w]hole cloth a bogus, major questions doctrine. They made a mockery of standing. They rewrite laws to fit their radical ideological preferences. They have unilaterally blown up the legitimacy of the Court.”
In a shot across the bow of this radical court, in her dissent to Biden v. Nebraska, Justice Elena Kagan wrote that “the Court, by deciding this case, exercises authority it does not have. It violates the Constitution.” Court, by deciding this case, exercises authority it does not have. It violates the Constitution.”
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Yesterday the official account of the Republican National Committee tweeted Independence Day greetings with a graphic of the Liberian flag, which has one star, rather than that of the United States, which has fifty.
Even more troubling was the tweet from Senator Josh Hawley (R-MO) attributing to founder Patrick Henry a false quotation saying that “this great nation was founded, not by religionists, but by Christians; not on religions, but on the Gospel of Jesus Christ.” Historian Seth Cotlar noted that the quotation actually came from the April 1956 issue of a virulently antisemitic white nationalist magazine, The Virginian.
Also yesterday, Trump-appointed judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana issued a preliminary injunction saying the First Amendment prevents the government from trying to stop the spread of disinformation.
Doughty has become the judge Republican attorneys general seek out in their challenges to the Biden administration, and in this case, that judge shopping appears to have paid off. In a lawsuit brought by the attorneys general of Louisiana and Missouri, Doughty temporarily prevented employees of the Federal Bureau of Investigation and the Department of Health and Human Services from talking to social media companies for “the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.”
At stake is the belief among right-wing figures that government officials and social media companies have teamed up to silence them, although in fact, studies show that social media algorithms actually amplify right-wing political content and that social media companies are reluctant to remove it out of fear of backlash from extremists. Right-wing complaints stem from the removal of disinformation during the pandemic, and of accounts linked to the violence of January 6, 2021.
For years, the government has worked with social media companies to try to address terrorism, images of child sexual abuse, and disinformation about the pandemic and elections. But disinformation has become a key political tool for the Republicans, and going into the 2024 election season, they have doubled down on the disinformation that the 2020 presidential election was fraudulent and flooded the media with that lie.
Fittingly, as Philip Bump pointed out in the Washington Post today, Doughty’s injunction accepts right-wing allegations at face value, meaning he cites as a mark against the administration something that, in fact, didn’t happen.
Foreign accounts have amplified right-wing lies, and the injunction specifically targets the FBI’s Foreign Influence Task Force, which leads the push to identify and stop malign foreign influence in our social media.
But there is a new twist there: Russia’s Yevgeny Prigozhin—the man who recently led his Wagner Group soldiers toward Moscow to demand changes in Russian military leadership—was key to the 2016 Russian disinformation campaign, and Reuters reported on Sunday that he announced on Saturday that his media company, including a troll factory that sought to influence public opinion in the U.S., is shutting down.
That the injunction claims to protect free speech by forcing people to stop communication was not lost on observers. Harvard constitutional law professor Laurence Tribe called the injunction “blatantly unconstitutional” and noted: “Censoring a broad swath of vital communications between government and social media platforms in the name of combating censorship makes a mockery of the first amendment.” Tribe joined law professor Leah Litman to eviscerate the “breathtaking scope” of the order.
The Department of Justice appealed the order today. It will go to the right-wing Fifth Circuit Court of Appeals.
Disinformation is also behind the attempt of far-right House members to undermine the Department of Justice and the Federal Bureau of Investigation, both of which maintain the rule of law in the United States. The FBI was key to investigating Russia’s attempt to help former president Trump win the 2016 presidential election and the efforts to overturn the results of the 2020 presidential election, while the DOJ has been central to making sure that those who have broken the law are held accountable.
Right-wing Republicans, many of whom are implicated in the events surrounding the 2020 election, insist that the FBI—overseen by Trump appointee Christopher Wray—and the DOJ are improperly targeting them. They are calling for Wray to be fired and Attorney General Merrick Garland, who heads the DOJ, to be impeached. Barring that, they want to starve the department and the bureau by slashing their budgets.
Trump attacked the FBI and the DOJ from the beginning of his presidency, and today the House investigation into the FBI and DOJ includes the Oversight, Judiciary, and Ways and Means Committees. It is currently centered on right-wing insistence that President Biden’s 53-year-old son, Hunter, received a lenient deal from the DOJ and that the DOJ retaliated against an IRS whistleblower about the case. Legal analysts say that, in fact, the younger Biden got a harsher deal than others and point out that David Weiss, the U.S. attorney overseeing the case, was appointed by Trump.
On June 7, Weiss told Jordan in a letter that Garland had given Weiss full authority over the case; on June 30, Weiss wrote to deny that the DOJ had retaliated against a whistleblower, reiterating that he had “been granted ultimate authority over this matter.” Wray is scheduled to testify before the House Judiciary Committee, chaired by Representative Jim Jordan (R-OH), on July 12. Jordan is a key critic of what he claims is FBI focus on Republicans.
Disinformation was a key factor in the rise of Russian president Vladimir Putin to the authoritarian power he now holds. The importance of insisting on the rule of law was the point of a BBC report today on a brutal attack on Russian investigative journalist Elena Milashina and lawyer Alexander Nemov in Chechnya, while they were on their way to court for the sentencing of the wife of a federal judge who was kidnapped by security forces in retaliation for the activism of her son. The two were abducted, beaten, stabbed, and tortured.
“This story,” the BBC said, translating from the Russian newspaper Moskovsky Komsomolets, “is a test of whether society and the state can protect the law, in other words, itself. The law is the foundation of any state. Take it away and everything falls apart. And instead of civilization you get chaos and destruction. The law must always function and apply to everyone. In recent times, we have seen how certain people have been above the law. In place of the judge with his gavel—thugs with sledgehammers. And this is the result.”
Also yesterday, Guardian journalist Luke Harding reported that Kyiv says Russians have placed explosives on top of two nuclear reactors at the Zaporizhzhia nuclear power station. This station is in an area occupied by Russian forces. Nonetheless, Russian social media accounts are spreading the accusation that Ukraine is about to attack and damage the station.
U.S. nuclear expert Cheryl Rofer notes that the situation in Zaporizhzhia is different from the conditions that led to other nuclear crises. The Chernobyl nuclear plant in Ukraine, then part of the Soviet Union, that melted down in 1986 had a different kind of reactor, and the Fukushima reactor in Japan was fully operational right up until the moment the 2011 earthquake hit, making it much hotter than the Zaporizhzhia reactor is currently.
Regardless of the relative danger, though, Rofer reinforces the dangers of authoritarian government when she concludes: “The danger to the plant is wholly Russia’s responsibility for starting the war and occupying the plant.”