Perhaps in response to the growing outcry over last weekend’s rendition of Venezuelan migrants to El Salvador under a legal justification a federal judge has found questionable, President Donald Trump last night told reporters that he didn’t sign the proclamation that set that legal process in motion.
When asked when he signed the proclamation invoking the 1798 Alien Enemies Act, by which Trump claimed that Venezuela is invading the United States by sending alleged gang members over the border, Trump answered: “I don’t know when it was signed, because I didn’t sign it.” Trump was on his way to his golf club in New Jersey, and seemed to be handing off responsibility for the declaration to someone else, perhaps Secretary of State Marco Rubio. “Other people handled it,” he said. “But Marco Rubio’s done a great job. And he wanted them out, and we go along with that. We want to get criminals out of our country.”
But, as Matt Viser said in the Washington Post today, on Friday White House communications director Steven Cheung said Trump personally signed the proclamation, and his signature appears on the document in the Federal Register of official government documents. The gap between the two versions of events raises questions about who is in charge of White House policy.
Trump’s habit of deflection might explain last night's statement, and his habit of distraction might explain today’s social media post, in which the president returned to an exchange of words between him and Maine governor Janet Mills, a Democrat, more than three weeks ago. At a meeting of the nation’s governors at the White House on February 21, in a rambling speech in which he was wandering through his false campaign stories about transgender athletes, Trump turned to his notes and suddenly appeared to remember his executive order banning transgender student athletes from playing on girls sports teams.
The body that governs sports in Maine, the Maine Principals’ Association, ruled that it would continue to allow transgender students to compete despite Trump's executive order because the Maine state Human Rights Law prohibits discrimination on the grounds of gender identity. Trump asked if the governor of Maine was in the room.
“Yeah, I’m here,” replied Governor Mills.
“Are you not going to comply with it?” Trump asked.
“I’m complying with state and federal laws,” she said.
“We are the federal law,” Trump said. “You better do it because you’re not going to get any federal funding at all if you don’t….”
“We’re going to follow the law,” she said.
“You’d better comply because otherwise you’re not getting any federal funding,” he said.
Mills answered: “See you in court.”
As Giselle Ruhiyyih Ewing of Politico recounted today, after the exchange between Trump and Governor Mills at the White House the administration opened investigations by the Departments of Education, Health and Human Services, and Agriculture into Maine’s policies. The Department of Agriculture temporarily paused funding for the University of Maine, then restored it and cleared the university system of Title IX violations, saying it had “clearly communicated its compliance.” The University of Maine system said it was “relieved” and added that it had never violated Title IX compliance.
On March 11 the Department of Education abolished more than half of the offices in its Civil Rights Division, getting rid of more than half of the division's employees. Last Wednesday it said it had concluded its investigation into the Maine Department of Education and had determined that the state was violating Title IX by permitting transgender youth to play in the boys’ or girls’ sports that conform to their gender identity. It gave the state ten days to follow the administration’s interpretation of the law.
This morning, the president posted on social media: “While the State of Maine has apologized for the Governor’s strong, but totally incorrect, statement about men playing in women’s sports while at the White House Governor’s Conference, we have not heard from the Governor herself, and she is that one that matters in such cases. Therefore, we need a full throated apology from the Governor herself, and a statement that she will never make such an unlawful challenge to the Federal Government again, before this case can be settled. I’m sure she will be able to do that quite easily. Thank you for your attention to this matter and, MAKE AMERICA GREAT AGAIN!!! DJT.”
Mills was a former state attorney general, and her position is that it is her job as governor to follow state and federal law. But Trump seems to be trying to make his fight with her personal. So long as she is willing to kowtow to him, the “case” can be “settled.” Exactly what she is supposed to be apologizing to him for is unclear, unless it is that she stood up to him, a rare enough event that at the time, Shawn McCreesh of the New York Times noted: “Something happened at the White House Friday afternoon that almost never happens these days. Somebody defied President Trump. Right to his face.”
At the White House, Governor Mills was not only reinforcing the rule of law in the face of an authoritarian who is working to shatter that principle; she was standing up to a bully who claims to be protecting women and girls but who has bragged about sexual assault, been found guilty of sexually assaulting writer E. Jean Carroll, and barged in on teenaged girls dressing in the Miss Teen USA changing room.
Trump’s political stances have also belied his claim to protect women. He has worked to deny women and girls access to health care, including the right not to die needlessly from a miscarriage. He has undermined women’s right to control their own bodies and defunded or stopped the programs that protect their right to be safe from domestic violence and sexual assault. He has ended programs designed to protect women’s employment and has fired women from positions of authority.
Mills stands in dramatic contrast to Trump. Her career has focused on helping women and girls to overcome domestic violence, the threat of sexual assault, and inequities in the workplace. As a district attorney—the first woman elected as a DA in New England—she grew frustrated with the ways in which the criminal justice system failed victims of domestic violence. She co-founded the Maine Women’s Lobby to advocate for battered and abused women, which then led to her election to the Maine legislature and from there to state attorney general and then to the governorship.
While Trump’s demand that Mills make a “full throated apology” to him is in keeping with his habitual attempts to dominate women, Mills follows in a tradition of women from Maine who stood up for the principles of American democracy against bullies who would destroy it.
In a similar moment, Senator Margaret Chase Smith, of Skowhegan, Maine, stood up to Wisconsin senator Joe McCarthy. McCarthy and his supporters were hoping to gain votes in the 1950 midterm elections by stoking fear that the communists who had recently taken control of China threatened the U.S. On February 9, 1950, during a speech to a group gathered in Wheeling, West Virginia, to celebrate Abraham Lincoln’s birthday, McCarthy, a Republican, claimed that he had a list of 205 communists working for the State Department and that the Democrats refused to investigate these “traitors in the government.”
Sympathetic newspapers trumpeted McCarthy’s charges—which kept changing, and for which he never offered proof—and many of his colleagues cheered him on, while Republicans who disapproved of his tactics kept their heads down to avoid becoming the target of his attacks.
All but one of them did, that is. Senator Smith recognized the damage McCarthy and his ilk were doing to the nation. On June 1, 1950, with McCarthy sitting two rows behind her, Smith stood up in the Senate to speak. “Those of us who shout the loudest about Americanism in making character assassinations are all too frequently those who, by our own words and acts, ignore some of the basic principles of Americanism,” she said. Americans have the right to criticize, to hold unpopular beliefs, to protest, and to think for themselves, she said. She condemned those trying to stifle dissent.
“I do not want to see the Republican Party ride to political victory on the Four Horsemen of Calumny—Fear, Ignorance, Bigotry and Smear,” she said. “As an American, I condemn a Republican Fascist just as much as I condemn a Democrat Communist. They are equally dangerous to you and me and to our country. As an American, I want to see our nation recapture the strength and unity it once had when we fought the enemy instead of ourselves.”
Senator Smith ended with a warning: “It is high time that we all stopped being tools and victims of totalitarian techniques—techniques that, if continued here unchecked, will surely end what we have come to cherish as the American way of life.”
