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Foreign February 13, 2025 Four years ago today, on February 13, 2021, Senate Republicans acquitted former President Donald Trump of incitement of insurrection in his second impeachment trial. Although 57 senators, including seven Republicans, voted to convict Trump for launching the January 6, 2021, attack on the US Capitol, that vote did not reach the threshold of 67 votes, 2/3 of the Senate necessary to convict a president in an impeachment trial. After the trial, Republican Senate leader Mitch McConnell, a Republican of Kentucky, explained his refusal to convict by saying he did not believe the Senate could convict an ex president. Although McConnell had been instrumental in delaying the impeachment trial until Trump was out of office, perhaps out of concern about dividing the Republican Party between pro Trump magas and his own establishment wing, McConnell acquitted Trump but after the vote blamed Trump alone for the events of January 6, calling his behavior unconscionable but adding, we have a criminal justice system in this country, we have civil litigation, and former presidents are not immune from being held accountable by either one. Four years later, Trump is back in the White house, and today McConnell provided the only Republican vote against confirming Robert F. Kennedy Jr. To become the Secretary of Health and Human Services, just as yesterday he provided the only Republican vote against the confirmation of Tulsi Gabbard as director of National Intelligence. Of Kennedy's confirmation, Senator Jon Ossoff, a Democrat of Georgia, said to his colleagues, it's truly astounding that the Senate stands on the brink of confirming Mr. Kennedy to lead America's public health agencies. And if the Senate weren't gripped in this soon to be infamous period of total capitulation, I don't think this nominee would have made it as far as a hearing. If I'd told you a couple of years ago, there's a guy who's been nominated to run public health nationwide. His job will be to protect American families from death and disease. He's going to run the whole public health system. Medicare, Medicaid, the Centers for Disease Control and Prevention, the National Institutes of Health, all of it. He'll decide how we protect the country from infectious disease. He'll set the rules for every hospital in the country. He'll decide what health care and medicines get covered by Medicare. He'll manage our response in the event of a pandemic. And then I told you, well, there are a few concerns about this nominee. First of all, zero relevant experience. He's a trial lawyer, a politician from a famous family, no medical or scientific background. He's never run a hospital or health system or anything like that. Second of all, he said some pretty wild stuff about public health over and over and over again. Like he proposed that COVID 19 might be ethnically targeted to spare Jews. Ethnically targeted to spare Jews. He said Lyme disease was a military bioweapon. For years, he's been persuading American families against routine childhood immunizations. He's compared the work of the CDC to Nazi death camps. If a couple of years ago I told you all that, and I told you that the Senate was about to put America's health in this man's hands, you'd probably tell me the Senate has lost its mind. All the Senate Republicans but McConnell voted to confirm Kennedy. But while Senate Republicans are enabling the Trump administration, a significant revolt against it took place today in New York and Washington, D.C. when at least six prosecutors resigned in protest after Emil Bove III, the acting deputy Attorney General of the Department of Justice, ordered them to dismiss corruption charges against New York City Mayor Eric Adams. In September 2024, the U.S. attorney for the Southern District of New York indicted Adams on five counts of wire fraud, campaign finance offenses and bribery. According to then U.S. attorney Damian Williams, Adams abused his position as the city's highest elected official to take bribes and solicit illegal campaign contributions. By allegedly taking improper and illegal benefits from foreign nationals, including to allow a Manhattan skyscraper to open without a fire inspection, Adams put the interests of his benefactors, including a foreign official, above those of his constituents. But on February 10, 2025, Bove directed Acting Interim U.S. attorney for the Southern District of New York Danielle Sassoon, who was elevated by the Trump administration just last month to dismiss the charges against Adams. That same day, Adams told top New York City officials to stay out of the way of immigration enforcement and to refrain from criticizing President Trump. Yesterday, February 12, Sassoon wrote an eight page letter of protest to Attorney General Pam Bondi about the order to drop charges against Adams, but to keep open the possibility of future prosecution. She noted that the evidence against Adams proves beyond a reasonable doubt that he committed federal crimes, and suggested that Bove and the Trump administration proposed dismissing the charges against Adams in return for his assistance in enforcing the federal immigration laws. The rule of law depends upon the evenhanded administration of justice, sassoon wrote, and the legal judgments of the Department of Justice must be impartial and insulated from political interference. But Adams has argued in substance, and Mr. Bove appears prepared to concede that Adams should receive leniency for federal crimes solely because he occupies an important public position and can use that position to assist in the administration's policy priorities. Sassoon called Adams's offer of help to the Trump administration an improper offer of immigration enforcement assistance in exchange for the dismissal of his case. She recounted a meeting on January 31 with Bove, Adams's lawyers and members of her office in which Adams lawyers repeatedly offered an exchange indicating that Adams would be in a position to assist with the department's enforcement priorities only if the indictment were dismissed. Bove ordered the confiscation of notes of the meeting taken by a member of Sassoon's team. Because the law does not support a dismissal and because I am confident that Adams has committed the crimes with which he is charged, sassoon wrote, I cannot agree to seek a dismissal. She continued, I remain baffled by the rushed and superficial process by which this decision was reached in seeming collaboration with Adams counsel. But if Attorney General Bondi was unwilling to meet or reconsider the dismissal, Sassoon wrote, she was prepared to offer my resignation today. In a defensive eight page letter, Bove attacked Sassoon and accepted her resignation, claiming she was pursuing a politically motivated prosecution and dismissed her suggestion that you retain discretion to interpret the Constitution in a manner inconsistent with the politics of a democratically elected president. And a second Senate confirmed Attorney General Bove transferred the Adams case to the Public Integrity Section, or pin, in the Criminal Division of the Department of justice in Washington, D.C. rather than dismiss the case. The chief of the Public Integrity Section and the senior career official in the Criminal Division, as well as three of the deputy chiefs at Penn, also resigned. A fourth was giving birth, but Ryan J. Reilly of NBC News reported that she was expected to resign when she was able. Today, Pennsylvania governor Josh Shapiro sued the Trump administration to guarantee the release of more than $3 billion allocated to Pennsylvania's state agencies. Shapiro noted that multiple federal judges have ordered administration officials to release the funding they have impounded, but that funding has not been restored. The lawsuit details the programs funded with federal money, including repairing abandoned mining lands and contaminated waterways, plugging abandoned oil and gas wells, upgrading energy efficiency for up to 28,000 low income households to lower utility bills, and so on. The lawsuit reiterates that unilaterally suspending funds violates the U.S. constitution, which gives Congress alone the power to write the laws that appropriate funding. Also today, U.S. district Judge Amir Ali ordered the Trump administration to disburse the foreign aid it has impounded. As Lindsay Whitehurst and Ellen Nickmeier of the Associated Press note, the judge rejected the administration's argument that it impounded funds to review each program, he said. Officials have not offered any explanation for why a blanket suspension of all congressionally appropriated foreign aid, which set off a shock wave and upended reliance interests for thousands of agreements with businesses, nonprofits and organizations around the country, was a rational precursor to reviewing programs. Letters from an American was produced at Soundscape Productions, Dedham, MA. Recorded with music composed by Michael Moss.
Host: Heather Cox Richardson
Episode Title: February 13, 2025
Release Date: February 14, 2025
Produced by: Soundscape Productions, Dedham, MA
Music Composed by: Michael Moss
Heather Cox Richardson delves deep into the unfolding political landscape in this episode, providing a historical lens to current events. The discussion spans significant political maneuvers, controversial confirmations, and pivotal legal battles shaping the nation.
The episode opens with a reflection on the second impeachment trial of former President Donald Trump:
Event Recap: On February 13, 2021, Senate Republicans acquitted Trump of inciting the January 6 Capitol insurrection. Despite 57 senators (including seven Republicans) voting to convict, the threshold of 67 votes was unmet.
Mitch McConnell’s Justification:
“I do not believe the Senate can convict an ex-president,” stated Senate Republican leader Mitch McConnell at [00:45]. McConnell had delayed the impeachment trial, possibly to prevent a rift within the Republican Party between pro-Trump factions and the establishment wing.
Blame and Accountability:
Post-vote, McConnell attributed sole responsibility to Trump for the January 6 events, labeling his actions as “unconscionable” ([01:10]). He emphasized that former presidents are not immune from criminal or civil accountability, highlighting the robustness of the U.S. justice system.
Four Years On:
Fast forward to February 13, 2025, Trump has reclaimed the White House. In a notable conservative stance, McConnell stands alone among Republicans in opposing key confirmations, signalling potential fractures within the party.
Richardson scrutinizes recent Senate confirmations that have stirred significant debate:
Senate Dynamics:
Senator Jon Ossoff (D-GA) criticized the Senate's near-confirmation of Kennedy, stating, “It's truly astounding that the Senate stands on the brink of confirming Mr. Kennedy to lead America's public health agencies” ([02:30]).
Background and Qualifications:
Kennedy, a trial lawyer with no medical or scientific background, faces scrutiny for his lack of relevant experience ([03:00]). His past statements include unfounded claims, such as COVID-19 being “ethnically targeted to spare Jews” and Lyme disease as a “military bioweapon”.
Voter Concerns:
The Senate Republican vote was largely in favor of confirmation except for McConnell, raising alarms about the Senate's decision-making process and Kennedy's suitability for the role ([04:15]).
McConnell’s Singular Opposition:
Just a day prior, McConnell also cast the lone Republican vote against Tulsi Gabbard’s confirmation as Director of National Intelligence, underscoring his growing divergence from his party.
Implications:
These confirmations highlight a worrisome trend where Senate Republicans may be enabling a Trump-aligned administration, potentially sidelining established expertise and fostering political patronage ([05:00]).
A significant revolt within the Department of Justice (DOJ) marks a critical point of contention:
Emil Bove III’s Order:
Acting Deputy Attorney General Emil Bove III directed the dismissal of Adams' charges, a move that sparked outrage among DOJ officials ([07:00]).
Danielle Sassoon’s Resistance:
Acting Interim U.S. Attorney Danielle Sassoon vehemently opposed the dismissal, arguing that the evidence against Adams was incontrovertible.
“The rule of law depends upon the evenhanded administration of justice,” Sassoon asserted in her [07:45] eight-page protest letter to AG Pam Bondi.
Improper Negotiations:
Sassoon detailed how Adams’ legal team attempted to exchange his cooperation in immigration enforcement for the dismissal of his case, which she deemed an “improper offer” ([08:15]).
Bove’s Retaliation:
In response to Sassoon’s defiance, Bove dismissed her resignation and criticized her actions, labeling her efforts as “politically motivated” ([09:00]).
Mass Resignations:
This confrontation led to a domino effect, with the Public Integrity Section head and several deputy chiefs resigning in protest ([09:30]).
Governor Josh Shapiro and U.S. District Judge Amir Ali spearhead key legal challenges:
Funding Impoundment:
Governor Shapiro of Pennsylvania initiated a lawsuit demanding the release of over $3 billion allocated to state agencies, citing federal judges' orders to release impounded funds ([10:00]).
Programs at Stake:
The withheld funds are earmarked for essential projects, including environmental restoration, energy efficiency upgrades for low-income households, and infrastructure improvements ([10:45]).
Constitutional Concerns:
Shapiro argued that the Trump administration's unilateral suspension of funds infringes upon the U.S. Constitution, which reserves funding authorization to Congress alone ([11:15]).
Court’s Decision:
U.S. District Judge Amir Ali mandated the Trump administration to distribute previously withheld foreign aid, rejecting the administration's blanket suspension ([12:00]).
Impact of Suspension:
The judge criticized the lack of rationale behind the broad impoundment, noting the chaos it caused for thousands of agreements with businesses, nonprofits, and organizations reliant on these funds ([12:30]).
Heather Cox Richardson concludes by analyzing the broader implications of these events:
Erosion of Institutional Integrity:
The actions against Trump officials, controversial confirmations, and internal DOJ conflicts signal a potential erosion of traditional institutional checks and balances.
Political Polarization:
McConnell’s lone votes against confirmations and the DOJ’s internal strife reflect deepening political polarization, which may hinder effective governance and bipartisan cooperation.
Rule of Law Challenges:
The DOJ resignations and legal battles underscore a critical challenge to the rule of law, emphasizing the need for impartiality and resistance to political pressures within the justice system.
Future of Governance:
These developments could reshape the political landscape, influencing future elections, policy implementations, and the overall direction of American politics.
Heather Cox Richardson's episode offers a comprehensive analysis of the current political turmoil, emphasizing the historical patterns that parallel today’s events. Through meticulous examination of confirmations, legal disputes, and institutional responses, the episode underscores the fragile state of American democracy and the pressing need for accountability and integrity within its governing bodies.