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Monday, March 9, 2026

Pardon Lobbying

 Many posts have addressed the president's pardon power.

A pardon industry has arisen during the Trump years.

Kenneth Vogel at NYT:

It is based in part on the proposition that paying the right person to deliver a message tailored to Mr. Trump’s politics or grievances is more important than demonstrating remorse or a low likelihood of recidivism.

A growing number of practitioners promise access in this murky enterprise, but some also may exaggerate their effectiveness to elicit payments from clients desperate to avoid incarceration. Pardon seekers routinely offer to pay as much as $1 million or more, often with bonus payments triggered by a successful outcome, according to lobbying filings and people familiar with the fees.

This transactional approach to clemency has been welcomed by white-collar offenders like those serving time at the Otisville camp, a minimum-security facility about 75 miles northwest of Manhattan.

Many of its inmates cheered Mr. Trump’s election, seeing him as a kindred spirit who shares their grievances about the unfairness of financial crime prosecutions like the one that led to his own conviction, according to four people familiar with conversations at Otisville.

Over the course of his first term and the first year of his second, Mr. Trump has granted pardons or commutations to at least nine inmates who served at Otisville’s camp or the adjacent medium-security prison. That includes two inmates who were freed after Mr. Schwartz from the minimum-security camp, which typically houses about 100 inmates.


Sunday, March 8, 2026

Americans Question Fellow Americans' Morality

Many.posts have dealt with international perspectives.

Jonathan Evans at Pew

Americans are more likely than people in other countries surveyed in 2025 to question the morality of their fellow countrymen, according to Pew Research Center surveys in 25 countries.

We asked people around the world to rate the morality and ethics of others in their country.

In nearly all countries surveyed, more people say that others in their country have somewhat or very good morals than say their compatriots display somewhat or very bad levels of morality.

The United States is the only place we surveyed where more adults (ages 18 and older) describe the morality and ethics of others living in the country as bad (53%) than as good (47%).

 







Saturday, March 7, 2026

The Dog That Didn't Wag: War Without Rally

Many posts have discussed war powers and the US military.

Peter Baker at NYT:

President Trump likes to assert that he has accomplished things no other president has. With the opening of his military assault against Iran, he has achieved another distinction: He is the first president in the era of modern polling to take the United States to war without the support of the public.

Traditionally, Americans stand behind their president when he first orders troops into battle, generally sticking with him unless it drags on, casualties mount and victory seems increasingly elusive. With Mr. Trump’s war against Iran, the public has skipped the rally-around-the-president phase this time.

Support for his ferocious bombardment of Iran has ranged from 27 percent in a Reuters/Ipsos poll to 41 percent in a CNN survey, far below the level of public backing that Mr. Trump’s predecessors initially enjoyed when they used force overseas. Given that wars tend to grow less popular over time, the initial negative response portends political challenges for Mr. Trump and his fellow Republicans the longer the fighting continues.

The opposition is revealing about this particular moment in American history. A country already tired of decades of combat in the Middle East has shown little appetite for yet another adventure abroad. And the deep polarization of American politics only makes it harder to build support across lines. Even some Americans sympathetic to the goal of toppling the repressive, terrorist-sponsoring government in Tehran find it difficult to embrace Mr. Trump as commander in chief.

Thursday, March 5, 2026

Federal Grand Juries


John Gramlich at Pew:
Federal grand juries indict tens of thousands of people per year in the United States. Several times in the past year, however, they have made headlines for not indicting people the Trump administration has tried to prosecute, including six Democratic members of Congress and the Democratic attorney general of New York.

Here are answers to some common questions about federal grand juries, based on information from the Congressional Research Service, the Administrative Office of the U.S. Courts, the Bureau of Justice Statistics and other sources.

Wednesday, March 4, 2026

Iran and the Shadow of Previous Wars

Many posts have discussed war powers and the US military.

 Natalie Jackson at National Journal:

Afghanistan was retaliation for 9/11, and was therefore extremely popular. Americans’ desire to avenge the attacks translated to more than 90 percent support for military action. More than 6 in 10 supported a long-term war. Eighteen months later when we went into Iraq, sentiment was still fairly unified and supportive of going after foreign enemies—two-thirds of voters supported military intervention to take out Saddam Hussein, including a majority of Democrats.

It also helped that the international order supported both wars in the beginning. The world was fairly easily convinced—incorrectly, as it turned out—that Iraq was making nuclear weapons. That fear was accompanied by humanitarian concerns and Iraq's alleged terrorist ties.

Both wars ultimately became unpopular and untenable. The eventual wind-down in Afghanistan was chaotic and unpopular, and in mid-2021 more than 6 in 10 Americans said it hadn’t even been worth fighting. In 2019, 62 percent of Americans and 59 percent of Iraq and Afghanistan veterans said the Iraq war had not been worth fighting. There were two big wins: taking Saddam Hussein out of power and killing Osama bin Laden. But for most, there was little point in continuing the wars after those wins.

Americans have become increasingly isolationist in the last 15 years. Donald Trump campaigned on that isolationism, only to turn toward military action and regime change once he returned to office. That the administration is working closely with Israel also colors the reaction to attacking Iran. The American public has grown substantially less favorable toward Israel over the last few years.

We’ve been involved in periodic conflicts with Iran since the late Ayatollah Khomeini took over in 1979, particularly in trying to keep the ultra-religious regime that chants “death to America” from getting nuclear weapons. But without a huge provocation from Iran, a preemptive strike was always going to be unpopular. Combine that with the recent history of U.S. wars in the region, and you see that public reactions go far deeper than partisanship.

Monday, March 2, 2026

Airstrikes

Many posts have discussed war powers and the US military.

Zachary Basu at Axios: 

No president in the modern era has ordered more military strikes against as many different countries as Donald Trump.He's attacked seven nations, three of which — Iran, Nigeria and Venezuela — had never been targeted by U.S. military strikes. He authorized more individual air strikes in 2025 than President Biden did in four years.
...
The big picture: Trump's strikes are historically distinctive not just in number but in kind.President Bush's post-9/11 campaigns and President Obama's drone wars were massive in scale — but concentrated in inherited or congressionally authorized theaters. Alongside traditional counterterrorism efforts, Trump has opened new fronts — a Christmas Day strike in Nigeria, drug boats sunk in the Caribbean, Nicolás Maduro snatched from Caracas. His preferred model is consistent: no boots on the ground, no lengthy entanglements, overwhelming force applied quickly and framed as essential to defending American interests.



 

Sunday, March 1, 2026

Law and War in Iran

Many posts have discussed war powers and the US military.

Jack Goldsmith at Executive Functions:

We’re already seeing a debate about the legality of President Trump’s use of force in Iran. I’ve grown cynical about these debates. Law is the language we use when criticizing presidential war powers—and it has been since the beginning of the nation. But the truth is that there are only political constraints.

As I’ve been saying for a while, there are no effective legal limitations within the executive branch. And courts have never gotten involved in articulating constraints in this context. That leaves Congress and the American people. They have occasionally risen up to constrain the president’s deployment of troops and uses of force—for example, in Vietnam, and in Lebanon in 1983, and in Somalia in 1993. But those actions are rare and tend only to happen once there is disaster.

Last year, Tom Nichols wrote of an earlier Israeli attack on Iran:

But calling this a “preemptive” strike is questionable. The Israelis, from what we know so far, are engaged in a preventive war: They are removing the source of a threat by surprise, on their own timetable and on terms they find favorable. They may be justified in doing so, but such actions carry great moral and practical risks.

Preemptive attacks, in both international law and the historical traditions of war, are spoiling attacks, meant to thwart an imminent attack. In both tradition and law, this form of self-defense is perfectly defensible, similar to the principle in domestic law that when a person cocks a fist or pulls a gun, the intended victim does not need to stand there and wait to get punched or shot.

Preventive attacks, however, have long been viewed in the international community as both illegal and immoral. History is full of ill-advised preventive actions, including the Spartan invasion of Athens in the fifth century B.C.E., the Japanese attack on Pearl Harbor, and the American war on Iraq in 2003. Sometimes, such wars are the product of hubris, miscalculation, or plain fear, but they all share the common trait that a choice was made to go to war based on a threat that was real, but not imminent.

The Israelis, ironically, are in the case books as the clearest example of a legitimate preemptive attack. In 1967, Israel got the jump on an Arab coalition that had been so obvious in its march to war that it was literally broadcasting its intention to destroy Israel while its troops massed for an offensive. Indeed, international-law experts have noted that the 1967 war is so clear that it is not much use as a precedent, because most enemies are not blockheaded enough to assemble an army and declare their intention to invade. (Of course, the Israelis could argue that they are already at war with Iran, a country that has launched many missiles at them and directed years of proxy attacks on their people and their military, which would be a far stronger case.)