برچسب: Joyce

Joyce Vance: The Kids Are Alright Despite Trump’s Efforts to Kill Public Education and Academic Freedom
Joyce Vance is a former federal prosecutor for North Alabama. She writes an important blog called Civil Discourse, where she usually explains court decisions and legal issues. Today she turns to education.

Today I’m recovering from the graduation tour, one in Boulder and one in Boston in the last two weeks, and getting back into the groove of writing as I continue to work on my book (which I hope you’ll preorder if you haven’t already). The graduations came at a good moment.

Watching my kids graduate, one from college and one with a master’s in science, was an emotional experience—the culmination of their years of hard work, sacrifice, and growth, all captured in a single walk across the stage. They, like their friends, my law students, and amazing students across the county, now enter society as adults. Even beyond the individual stories of hardships overcome and perseverance, witnessing these rites of passage makes me feel profoundly hopeful. The intelligence and commitment of the students—many of whom are already tackling big problems and imagining new, bold solutions—gives me a level of confidence about what comes next for our country. In a time when it’s easy to get discouraged, their commitment and idealism stands as a powerful reminder that they are ready to take on the mess we have left them.

The kids are alright, even though they shouldn’t have to be. Talking with them makes me think they will find a way, even if it’s unfair to ask it of them and despite the fact that their path will be more difficult than it should be. Courage is contagious, and they seem to have caught it. Their educations have prepared them for the future we all find ourselves in now.

As students across the country prepared to graduate this year, Trump released his so-called “skinny budget.” If that’s how they want to frame it, then education has been put on a starvation diet—at least the kind of education that develops independent thinkers who thrive in an environment where questions are asked and answered. Trump pitches the budget as “gut[ting] a weaponized deep state while providing historic increases for defense and border security.” Defense spending would increase by 13% under his proposal.

The plan for education is titled, “Streamline K-12 Education Funding and Promote Parental Choice.”Among its provisions, the announcement focuses on the following items:
- “The Budget continues the process of shutting down the Department of Education.”
- “The Budget also invests $500 million, a $60 million increase, to expand the number of high-quality charter schools, that have a proven track record of improving students’ academic achievement and giving parents more choice in the education of their children.”
As we discussed in March, none of this is a surprise. Trump is implementing the Project 2025 plan. In December of 2024, I wrote about how essential it is to dumb down the electorate if you’re someone like Donald Trump and you want to succeed. A rich discussion in our forums followed. At the time I wrote, “Voters who lack the backbone of a solid education in civics can be manipulated. That takes us to Trump’s plans for the Department of Education.” But it’s really true for the entirety of democracy.

Explaining the expanded funding for charter schools, a newly written section of the Department of Education website reads more like political propaganda than education information: “The U.S. Department of Education announced today that it has reigned [Ed: Note the word “”reigned” is misspelled] in the federal government’s influence over state Charter School Program (CSP) grant awards. The Department removed a requirement set by the Biden Administration that the U.S. Secretary of Education review information on how states approve select entities’ (e.g., private colleges and universities) authorization of charter schools in states where they are already lawful authorizers. This action returns educational authority to the states, reduces burdensome red tape, and expands school choice options for students and families.”

There are already 37 lawsuits related to Trump’s changes to education. Uncertainty is no way to educate America’s children. Cutting funding for research because you want to score political points about DEI or climate change is no way to ensure we nurture future scientists and other thinkers and doers…

I am reminded again of George Orwell’s words: “The most effective way to destroy people is to deny and obliterate their own understanding of their history.” The historians among us, and those who delve into history, will play a key role in getting us through this. Our love and understanding of history can help us stay grounded, understanding who we are, who we don’t want to become, and why the rule of law matters so damn much to all of it….

Thanks for being here with me and for supporting Civil Discourse by reading and subscribing. Your paid subscriptions make it possible for me to devote the time and resources necessary to do this work, and I am deeply grateful for them.

We’re in this together,

Joyce
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18/06/2025
Joyce Vance: Good News! It’s Working!
Veteran prosecutor Joyce Vance shared some good news: the nomination of Ed Martin to be U.S. Attorney in DC is hanging by a thread and may be dead. Senator Thom Tillis of North Carolina interviewed Martin and said he would vote no in the Senate Judiciary Committee because Martin supported the January 6 insurrectionists, even those who assaulted police officers. Since the split on the committee is 12 Republicans and 10 Democrats, Martin’s nomination would not get to the Senate floor. If you live in North Carolina, please call Senator Tillis and thank him.

Vance writes:

Last night, I wrote to you about Ed Martin, Trump’s nominee to be the United States Attorney in Washington, D.C.. Martin, until quite recently, used the handle “Eagle Ed Martin” on Twitter, a reference to his days working for Phyllis Schlafly’s Eagle Forum. Apparently, someone mentioned to him during the last month that the handle wasn’t appropriate for a U.S. Attorney hopeful.

But no whisper in the ear could fix Martin’s other flaws, from utter lack of qualifications and knowledge about how to do the job to flagrant ties to people known for their open antisemitism. Last night, I suggested we all needed to be in touch with our senators on the Martin nomination. Although we still need to do that, the message is different now. That’s because North Carolina Senator Thom Tillis, a Republican who sits on the Senate Judiciary Committee, made it known that he won’t support Martin.

Before Martin goes to the floor of the Senate for a confirmation vote, he has to make it out of committee. And that’s unlikely to happen now. The Senate Judiciary Committee is made up of 12 Republicans and 10 Democrats. All of the Democrats oppose Martin. With Tillis abandoning him, the best Martin could do is 11-11, and a nominee who receives a tie vote doesn’t advance. For all practical purposes, the outcome of that vote will be a death knell for his nomination.

Martin may end up rewarded for his loyal service to Trump and Musk with another plum job, one that doesn’t require Senate confirmation. But that doesn’t mean we shouldn’t celebrate the moment and the fact that it looks like he won’t be the top law enforcement officer in the District of Columbia. Defeating Martin’s nomination wasn’t a foregone conclusion—far from it. It took lots of research, lots of conversation, and lots of hard work by a lot of people. You never know which issue, or even which call or letter, is going to be the last straw. What matters is that Trump and his plans are not inevitable, and it makes a difference when all of us push back against the horrible as hard as we can.

Tillis told reporters this morning that he is unable to support Martin because of Martin’s support for defendants convicted of committing crimes in connection with January 6. He is certain to face a sustained backlash from MAGA’s inner circle, so if he’s your senator, make sure you thank him, and if your senator is on the Judiciary Committee (that’s Grassley, Graham, Cornyn, Lee, Cruz, Hawley, Tillis, Kennedy, Blackburn, Schmitt, Britt, and Moody on the Republican side and Durbin, Whitehouse, Klobuchar, Coons, Blumenthal, Hirono, Booker, Padilla, Welch, and Schiff for the Democrats) this is a good time to reach out and either thank them for opposing or encourage them to show a little backbone and follow Tillis’ lead. Martin, after all, supports the people who overran the Capitol, threatening these folks and their staff. He is the least qualified selection I can recall seeing to lead a U.S. Attorney’s office, even edging out Trump’s former attorney Alina Habba, the New Jersey nominee, who should be rejected as well. This is a very big win for pro-democracy forces.

There was also a win on a very different front, one that didn’t get a lot of national attention. Trump’s efforts to cut staff and funding at national parks have garnered a lot of attention in the protests that have cropped up across the country. Many protests have taken place at the parks themselves, notably at Yosemite, where staff unfurled an upside-down American flag atop El Capitan to signal distress. On March 1, people protested at all 433 sites in the national park system—the 63 national parks and additional sites like monuments and historic places. Americans, it turns out, love their national parks.

Despite that, the Trump administration continues to keep them on the chopping block. Last week, the Washington Post reported that the Trump administration had suspended all air-quality monitoring at national parks, stating that “The Interior Department, which includes the National Park Service, issued stop-work orders last week to the two contractors running the program, the email shows.”

The reporting provided detail that makes it clear this is a serious matter:
- Data was being collected on ozone and particulate matter and being used in connection with requests to grant permits to industrial facilities like power plants and oil refineries in close proximity to the parks.
- The pollutants data was being collected on are “linked to a range of adverse health effects,” including “heart attacks, strokes, asthma attacks and premature death.”
- One goal of the program is “to curb regional haze,” which has “reduced visibility at scenic viewpoints in parks nationwide” over the past few decades.
Park Service employees pushed back and demanded that monitoring continue. They pointed out that states lack the equipment and resources to monitor and that without federal monitoring, they would be flying blind. It’s part and parcel of discontinuing environmental justice work at the Justice Department. Data makes it possible to protect the environment and the people who live in it. Trump is creating a permissive environment for business—when you can’t document the consequences of a new plant permit, for instance, it’s hard to oppose it.

But today, Washington Post reporter Teddy Amenabar posted on social media that “After The Post’s article was published, a Park Service spokesperson said the stop-work orders would be reversed and that ‘contractors will be notified immediately.’” Whether it’s traditional media, new media, protests, or our communications with our elected officials, it’s clear that none of what Trump wants to do is inevitable. Sunlight continues to act as a disinfectant. Government employees need public support right now, especially as many of them continue to bravely do the right thing, whether it’s federal prosecutors or park rangers. They richly deserve our support.

So if you’ve been questioning whether what you’re doing matters, it does. The signs you make, the protests you go to, the letters and calls you make to elected officials, your efforts to share information (like this newsletter) with people—all of these efforts matter. It all adds up, small victories and large ones.

Speaking of big ones, Donald Trump appears to have knowingly lied when he invoked the Alien Enemies Act (AEA) in order to deport alleged members of the Venezuelan Tren de Aragua gang. In his proclamation, he said, “TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking. TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States.”

Not so fast. An intelligence community memo was partially declassified yesterday, two weeks after a FOIA request was made for it—that’s lightning speed in the world of FOIA, where requests can drag on for years. The memo contradicts Trump’s claimed basis for invoking the AEA. Hat tip to my friend Ryan Goodman, whose new Substack is great if you haven’t seen it already, for highlighting the parts of the memo that contradict Trump’s claim that TdA is mounting an invasion of the U.S. on behalf of Venezuela’s government.

Someone involved in responding to FOIA requestsseems to have been highly motivated to make sure the American people have access to the truth. Win.

It’s not clear how or whether this will impact ongoing litigation. Judges largely defer to presidential assessments of this nature under the political questions doctrine. We don’t know if this revelation will have any impact in court, although there should be some ambit, even if it’s small, for courts to reject presidential assessments that run entirely contrary to the facts. But in the court of public opinion, where facts still matter, here are some facts, from the people who know the subject best.

Finally for tonight, the North Carolina Supreme Court race that we’ve been following so carefully since last November seems to finally be over, and Allison Riggs, the Democrat who won the race, will now be declared the winner per an order issued by a federal judge who is a Trump appointee. Two recounts confirmed Riggs’ victory, but the disgruntled loser challenged it nonetheless. He tried to convince courts to disallow ballots cast by North Carolina voters who complied with all of the rules for voting by changing the rules about what ballots could be counted after the fact. He could still appeal this ruling, but it is a solid decision and unlikely to be reversed on appeal. The bottom line democratic principle is that you don’t get to move the goal posts to secure a victory. Didn’t work for Trump, and it didn’t work in North Carolina. Chalk another one up for the rule of law.

Whether it’s lawsuits or your letters, engaged citizens get results. We have a long way to go, but take heart; we are making progress. We can get there. Every little step forward adds to the tally in favor of democracy.

We’re in this together,

Joyce
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07/05/2025
Joyce Vance: Stand Up and Speak Out for the Rule of Law!

Joyce Vance was the U.S. Attorney for the Northern District of Alabama. She writes a smart blog called Civil Discourse, in which she writes about court cases and the law, in language accessible to non-lawyers. In this post, she explains how massive protests can change the course of history.

She writes:

This coming Tuesday marks Donald Trump’s 100th day in office, a tenure that has led to a steady decline in the economy. If we use that measure, which many voters said led them to vote for Trump, these first 100 days have been a failure. Even as Trump has successfully seized power from Congress and some organizations have bent the knee to his every request, lawyers are winning in court, and some law firms, businesses, universities, and individuals are standing up to the president who would rather be a king. Trump may not have lost the first 100 days, but he hasn’t exactly won them either. Our democracy has been weakened, but it can still be saved.

Thursday is May Day, May 1st. There will be renewed protest marches across the country, many of them focused on Americans’ increasing awareness that the fundamentals of democracy, which we’ve taken for granted for so long, are in danger. It’s not just due process concerns, although that is an enormous part of it, as the deportations continue. Last week we learned that included some involved American citizen children and children with cancer, with Secretary Rubio offering a sorry rejoinder on Meet the Press this morning, blaming the mothers who took young children back to their countries of origin with them, rather than being forced to abandon them. There are plenty of reasons to march.

This will not be the first time Americans have engaged in mass protests on May Day. In 1971, tens of thousands of people took to the streets in Washington, D.C., to protest the Vietnam War. They began on May 3 and continued for two more days. By the time the protest ended, more than 12,000 protestors had been arrested. The protesters’ goal was to cause a traffic jam that would keep government employees from getting to work; their slogan was “If the government won’t stop the war, we’ll stop the government.”

Mass protests that are large and sustained have an impact on even an entrenched presidency. They did with Nixon. The White House Historical Association’s official version of events concludes that “the enormity of the protest pushed Nixon to accelerate the nation’s exit from Vietnam.”

Even though it’s a different era, protests are bound to get to the thin-skinned president whose staffers, during his first term in office, had to prepare folders of positive stories about Trump for him to review twice each day. Imagine having thousands of people protesting within earshot of the White House. It must be even more galling because these protests are nonviolent and aim to support democracy through a legitimate exercise of First Amendment rights. They make a powerful statement, in contrast to a president who has abandoned the rule of law.

In 1970, two-thirds of Americans had come to believe U.S. involvement in the Vietnam War was a mistake. We are not quite there yet when it comes to people’s view of the Trump administration. The most recent NBC News Stay Tuned Poll shows only 45% of Americans approve of the job Trump is doing. But, when asked about how strongly they hold their beliefs about the president, “the vehemence of the opposition outweighs the intensity of support from the president’s MAGA base.” Twenty-three percent of Americans said they were “furious” about what Trump is doing.

Thursday is also Law Day, an annual celebration of the rule of law. Although it has been in effect since 1958, it doesn’t usually receive much attention. This year, lawyers across the country have big plans for the day—make sure you look to see what’s going on in your area. President Dwight Eisenhower established Law Day as a day of national dedication to the principles of government under law. State Bar Associations hold essay competitions for school children, and there are state and national dinners most years. In 2025, Law Day takes on special significance as Americans’ concerns about due process come to the forefront. How fitting that the May Day protests sync with the Law Day commemoration.

I’ve been doing a lot of research and writing about the origins of Law Day for my book (Giving Up Is Unforgivable, due out October 21), so I’ll leave that for another time, but I want to make sure everyone knows about Law Day. This year, many lawyers across the country will retake their oath to show their support for the rule of law. There is no reason the rest of the country can’t participate too!

The president issues a proclamation every year for Law Day. Trump did during his first term in office, too. In 2019, the proclamation began, “On Law Day, we renew our commitment to the rule of law and our Constitution. The rule of law requires that no one be above the obligations of the law or beneath its protections, and it stands as a bulwark against the arbitrary use of government power.” Unfortunately, he never lived up to those sentiments. On Thursday, we can look for the proclamation and point out the inconsistencies between what we expect from our presidents and how this one is behaving. The hypocrisy is always full force, and we shouldn’t shy away from pointing it out.

Due process is the sleeper issue of the second Trump presidency. No one really expected democracy issues, let alone concepts like the rule of law and due process to animate a country’s protests. But it’s increasingly clear that Americans are smart, and when we are well-informed, we have no difficulty assessing what matters and what is true. We see more and more of that as Americans carry signs that say “No Kings” and “Due Process” at local rallies. All of us can be advocates for democracy, not just the lawyers among us.

Here at Civil Discourse, we all understand the importance of this. We need to make sure the rest of the country does too. Until the Trump administration is over, it has to be Law Day every day.

In 2024, the Law Day theme was “Voices of Democracy,” recognizing that the people are the rulers in a democracy. Americans express their views without fear of retribution because of the First Amendment and vote in elections to select their leaders. It’s up to us to make sure it stays that way.

This week will bring more briefings in the Abrego-Garcia case and others. There will be outrages, like the fact that Trump has a website hawking merchandise, literally selling the presidency. It’s not just the $50 price tag on the hat; there’s also the slogan, “Trump 2028,” a reference to Trump’s not-so-subtle hints that he’d like to serve a Constitution-busting third term in office. It’s not a joke. It never is with him.

So, make sure you take some time this week to celebrate Law Day. Invite people over. Go for a walk with friends or neighbors and share your views. Talk with your kids. Democracy is not automatic; it’s a participatory sport we must all play in together, one with critically important outcomes. Democracy is important. Let’s make sure we play for keeps.

We’re in this together,

Joyce

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28/04/2025
Joyce Vance: Do Republicans Care About Trump’s Tyranny? If Not Now, When?

Joyce Vance was US Attorney for Northern Alabama and a steady voice of reason. She wonders in this post what it will take to awaken Republicans to Trump’s erosion of the Constitution and our rights.

She writes:

Why doesn’t any of this break through? Why do Republicans still support Trump?

The reporting in The Atlantic on the Signal chain? The voter suppression executive order Trump issued…? The foul-ups in deporting supposed gang members who turn out not to be? Why aren’t Americans out on the streets protesting in massive numbers like we have seen people in other countries doing—Israel, Georgia, Turkey, South Korea, and others? In part, it’s because a large number of people who are Trump supporters just don’t care. Their guy can do anything, and they don’t care. They’ll believe any lie, and they’ll ignore any horrible; they’re all in for Trump for reasons the rest of us still struggle to understand.

The question is, how many of the rest of us are there? By that I mean Americans who, regardless of party affiliation, still care about truth and democracy. Those words are no longer just philosophical notions to be bandied about, an elite construct. They are the reality of what we are fighting a rearguard action to try and save.

Statistics from the last election provide reason for some optimism. Donald Trump won with 49.9% of the popular vote. Although he has claimed he has a mandate for a radical transformation of government, the numbers just don’t back that up. And they don’t suggest there’s a mandate for putting out military information on a Signal chain being used on personal phones, rather than on secured government systems. If there ever truly was a mandate for Trump, the reality is, it’s evaporating day by day as egg prices stay high and people lose their jobs. And now, there’s this, a cavalier disregard for the safety of our troops, lax security with one member of the Signal group apparently in Russia while communications were ongoing, what looks like an effort to do an end run around government records retention procedures.

Will the Atlantic story break through? It should. Trump’s Vice President, his Secretary of Defense, his CIA director, his DNI, all put American pilots in harm’s way. If that’s not enough for Senate Republicans to break ranks with Trump, especially those on subcommittees that have oversight into military and intelligence community operations, it’s hard to imagine what would be.

Why use Signal in the first place when American leaders have some of the most secure communications technology in the world available to them? Is it just for convenience? If so, that’s sloppy, and they should be committing to do better, not arguing over whether the information was classified or not. (But if it looks like a duck…)

The truth is that by going to Signal, they avoided leaving a paper trail. No annoying records that could be unearthed down the road. Remember Trump’s first impeachment? It came about in large part because after the call where he threatened Ukraine’s president with withholding security aid if he wouldn’t announce his country was investigating Joe Biden for financial misconduct, records of the call were buried inside a classified information system where they didn’t belong. That was what got the ball rolling. It was about trying to hide records of an official call that everyone knew was wrong.

As far as we know at this point, there was nothing improper about the attack on the Houthis. So why were high-ranking members of the Trump administration communicating off the books? How pervasive is the practice, and who knows/authorizes it? We are a government of the people. Transparency isn’t optional. There are rules about public records that have to be followed, and this president who likes to operate in secret and at the margins of our laws has frequently tried to skirt them.

It’s hard to imagine that the Signal chain for the Houthi attack was just a one-off, that they only went to Signal for this moment. Is this how this new government is operating routinely—off the books, in a hidden fashion designed to avoid scrutiny and accountability?

It may seem like a minor point with everything else that’s going on, but this is how autocrats work, not how a democracy operates. That’s the danger we are now facing, and this is another marker on the path to tyranny.

Calls are mounting for Hegseth and others to resign. Anyone who would engage in this kind of behavior and then argue that it was not improper rather than apologizing and promising to do better should leave government, whether voluntarily or not. But they should never have been confirmed in the first place. There is a cancer on the heart of the presidency, to quote from the Watergate era, and it’s infecting all of us.

We’re in this together,

Joyce

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13/04/2025