Trump Wants to Have It Both Ways on Education

by | Nov 24, 2024 | The Atlantic

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Among Donald Trump’s many campaign-trail promises was his threat to dismantle the Department of Education (ED), which he has claimed without basis is filled with “radicals, zealots, and Marxists.” But the president-elect seems to want to have it both ways: In trying to hamstring the federal agency, Trump says he will give power back to the states. But he has also said he is prepared to use executive power to crack down on schools with policies that don’t align with his culture-war agenda.

Trump proposed dismantling or dramatically cutting ED during his 2016 run, but he didn’t follow through while in office. This time, even if he does stick with it, he’s not likely to succeed: Because the department was elevated to a Cabinet-level agency by an act of Congress under President Jimmy Carter, shutting it down would likewise require an act of Congress. Passing such a law is a probable nonstarter even though Republicans will soon control the House and Senate. It would require a 60 percent vote in the Senate (at least as long as the filibuster is in place), and some Republicans would likely not support cutting ED, because it could be unpopular with their constituents. Red, rural, low-income areas are among the parts of the country whose school districts receive the most Title I supplemental funding from the agency. Although ED has found its place in the crosshairs of the culture wars, its daily function largely involves distributing funds to K–12 schools and administering federal loan programs for college students—not getting involved in the curriculum issues that inflame the political right.

Whether he follows through on his ED threat or not, Trump has other channels through which to alter America’s schools. Trump’s statements on the campaign trail suggest that he’s likely to use his executive power to roll back the changes President Joe Biden made to Title IX, which related in part to protections for LGBTQ students and rules for how colleges respond to allegations of sexual violence on campus (these changes are currently blocked in some states). Trump’s platform also states that he “will sign an executive order instructing every federal agency, including the Department of Education, to cease all programs that promote the concept of sex and gender transition, at any age,” and he has signaled that he may threaten to withhold federal funds from schools that don’t fall in line. Trump and his team may also push to direct public money to parents with students in private and religious K–12 schools through a system known as “school choice” vouchers, which has gained political momentum after sustained attacks on public schools from Republican politicians (vouchers were a priority of Trump’s last education secretary, Betsy DeVos , too).

Conservative politicians have long been outwardly skeptical of the federal government playing a major role in schools—yet many are also inclined to push through policy priorities on education when they are in positions of national power, Jon Valant, an education policy expert at the Brookings Institution, told me. The Department of Education, in particular, has been an on-and-off boogeyman of Republicans. President Ronald Reagan talked about closing the agency as part of his effort to shrink the federal government (obviously, he did not succeed). But for all the talk about reducing the federal government’s power, eliminating ED would likely just mean moving things around—the Justice Department might handle civil-rights programs currently managed by ED; the Treasury Department might take over student-loan administration. It’s not clear that these changes “would actually shrink the federal role in education or the cost of administering those programs,” Valant told me.

Even as he claims that he will axe the department, Trump is moving forward with staffing it. He has put forth Linda McMahon, a major campaign donor with roots in the professional wrestling world, as his secretary of education. McMahon fits the description of some of Trump’s other recent Cabinet picks: a friend or loyalist who is unqualified for the role at hand. She has scant experience working in or with schools—she once claimed to have a degree in education because she had spent a semester student-teaching, The Washington Post and the Hartford Courant reported . But the choice of McMahon does not send as strong a signal as selecting a louder culture-war voice, such as Moms for Liberty co-founder Tiffany Justice , Oklahoma State Superintendent of Public Instruction Ryan Walters, or the right-wing activist Christopher Rufo—all of whom policy experts speculated about as possible picks—might have.

In his first term as president, Trump spoke with bombast about his education plans but didn’t end up doing much. The national conversation on schools was in a different place then—before the culture wars further heated up and public trust in schools and other institutions declined. Trump and his allies have made schools a villain in many of the social issues he centered his campaign on. This time, he may have more incentive to take action, if he’s willing to do the work of transforming the system.

Related:

• Donald Trump claims public schools offer sex-change surgeries.
• George Packer: When the culture war comes for the kids

Today’s News

1. Former Representative Matt Gaetz withdrew himself from consideration for the attorney-general role in Trump’s second administration. Trump announced that former Florida Attorney General Pam Bondi is his new pick for the position.
2. The International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas military chief Mohammed Deif—whom Israel claims to have killed—over allegations of war crimes and crimes against humanity in Gaza.
3. Brazil’s federal police announced that former President Jair Bolsonaro and 36 other people have been indicted for allegedly plotting a coup after he lost in the 2022 elections.

Dispatches

• Time-Travel Thursdays : The bean—small, humble, protein-dense—has the potential to remake American diets , Lora Kelley writes. But it also has an image problem.

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Evening Read

Three Ways to Become a Deeper Thinker

By Arthur C. Brooks

You may have encountered this cryptic question at some point. It is a koan, or riddle, devised by the 18th-century Zen Buddhist master Hakuin Ekaku . Such paradoxical questions have been used for centuries to train young monks, who were instructed to meditate on and debate them. This was intended to be taxing work that could induce maddening frustration—but there was a method to it too. The novitiates were not meant to articulate tidy answers; they were supposed to acquire, through mental struggle, a deeper understanding of the question itself—for this was the path to enlightenment.

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Try out. Suddenly, celebrity look-alike contests are everywhere , Kaitlyn Tiffany writes. What’s going on?

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Stephanie Bai contributed to this newsletter.

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The Cases Against Trump: A Guide

by | Nov 24, 2024 | The Atlantic

The first former president to be convicted of a felony is now also the first convicted felon to be elected as president.

Donald Trump won reelection on November 5, paving the way for his return to the White House—as well as the end or postponement of the criminal cases against him. The extent to which those cases also paved the way for his return to the White House will be a topic for years of debate. One plausible argument is that the sense that Trump was being persecuted strengthened his support; another is that the failure to bring cases sooner and finish them deprived voters of complete information. Both may be true.

In any event, the discussion is moving from the legal to the political because the legal side seems to have reached a dead end. Special Counsel Jack Smith and the Justice Department are expected to end the cases against Trump related to attempting to subvert the 2020 election and hoarding classified documents at Mar-a-Lago, neither of which has made it to trial. The documents case, long considered the most straightforward, was bottled up by a Trump-appointed judge on dubious procedural grounds. The election-subversion case took a detour to the Supreme Court, where a conservative majority ran down the clock before ruling that a president has very broad immunity for most acts done as president; the lower court hearing the case only recently got back on track.

But now, given that DOJ guidance says a sitting president can’t be tried and that Trump has promised to fire Smith and immediately dismiss the cases anyway, the two federal cases are likely to wind down. Smith has asked judges to pause both cases. An election-subversion case in Fulton County, Georgia, is effectively frozen already amid challenges to the prosecutor’s handling of the case. Trump has been convicted but not sentenced in New York State related to hush money paid to the adult-film actor Stormy Daniels, and sentencing in that case is indefinitely postponed as of November 22.

If the failure to swiftly prosecute Trump enabled his election, then his election seems to guarantee that he will never face accountability for the acts he committed, including those for which he has already been convicted of 34 felonies.

What follows is a summary of the major legal cases against Trump, assessments of the gravity of the charges, and the prognosis. This guide will be updated as necessary.

New York State: Fraud

In the fall of 2022, New York Attorney General Letitia James filed a civil suit against Trump, his adult sons, and his former aide Allen Weisselberg, alleging a years-long scheme in which Trump fraudulently reported the value of properties in order to either lower his tax bill or improve the terms of his loans, all with an eye toward inflating his net worth.

When?
Justice Arthur Engoron ruled on February 16 that Trump must pay $355 million plus interest, the calculated size of his ill-gotten gains from fraud. The judge had previously ruled against Trump and his co-defendants in late September 2023, concluding that many of the defendants’ claims were “clearly” fraudulent—so clearly that he didn’t need a trial to hear them.

How grave was the allegation?
Fraud is fraud, and in this case, the sum of the fraud stretched into the hundreds of millions—but compared with some of the other legal matters in which Trump is embroiled, this is a little pedestrian. The case was also civil rather than criminal. But although the stakes are lower for the nation, they remain high for Trump: The size of the penalty appears to be larger than Trump can easily pay, and he also faces a three-year ban on operating his company.

What happens now?
On March 25, the day he was supposed to post bond, an appeals court reduced the amount he must post from more than $464 million to $175 million. Trump has appealed the case. In a September hearing, New York appeals-court judges seemed skeptical of the case against Trump and sympathetic to his arguments. They have not yet ruled.

Manhattan: Defamation and Sexual Assault

Although these other cases are all brought by government entities, Trump also faced a pair of defamation suits from the writer E. Jean Carroll, who said that Trump sexually assaulted her in a department-store dressing room in the 1990s. When he denied it, she sued him for defamation and later added a battery claim.

When?
In May 2023, a jury concluded that Trump had sexually assaulted and defamed Carroll, and awarded her $5 million. A second defamation case produced an $83.3 million judgment in January 2024.

How grave was the allegation?
Although these cases didn’t directly connect to the same fundamental issues of rule of law and democratic governance that some of the criminal cases do, they were a serious matter, and a federal judge’s blunt statement that Trump raped Carroll has gone underappreciated.

What happens now?
Trump has appealed both cases, and he posted bond for the $83.3 million in March.

Manhattan: Hush Money

In March 2023, Manhattan District Attorney Alvin Bragg became the first prosecutor to bring felony charges against Trump, alleging that the former president had falsified business records as part of a scheme to pay hush money to women who said they’d had sexual relationships with Trump.

When?
The trial began on April 15 and ended with a May 30 conviction . A judge is scheduled to rule September 16 on whether the U.S. Supreme Court’s decision on presidential immunity invalidates the case. On September 6, he announced that he was postponing sentencing to avoid interfering with the election.

How grave was the allegation?
Many people have analogized this case to Al Capone’s conviction on tax evasion: It’s not that he didn’t deserve it, but it wasn’t really why he was an infamous villain. Trump did deserve it, and he’s now a convicted felon. Moreover, although the charges were about falsifying records, those records were falsified to keep information from the public as it voted in the 2016 election. It was among the first of Trump’s many attacks on fair elections. (His two impeachments were also for efforts to undermine the electoral process.) If at times this case felt more minor compared with the election-subversion or classified-documents cases, it’s because those other cases have set a grossly high standard for what constitutes gravity.

What happens now?
On November 22, Justice Juan Merchan announced an indefinite delay in sentencing, previously scheduled for November 26, as he weighs Trump’s request to dismiss the case entirely. If Merchan doesn’t dismiss the case, some observers expect that he will either postpone sentencing or even forgo a sentence altogether.

Department of Justice: Mar-a-Lago Documents

Special Counsel Jack Smith charged Trump with 37 felonies in connection with his removal of documents from the White House when he left office, but Judge Aileen Cannon has dismissed the case, finding that Smith’s appointment was not constitutional. Smith has appealed . The charges included willful retention of national-security information, obstruction of justice, withholding of documents, and false statements. Trump took boxes of documents to properties, where they were stored haphazardly, but the indictment centered on his refusal to give them back to the government despite repeated requests.

[David A. Graham: This indictment is different ]

When?
Smith filed charges in June 2023. On July 15, 2024, Cannon dismissed the charges. Smith appealed that dismissal on August 26.

How grave is the allegation?
These are, I have written, the stupidest crimes imaginable , but they are nevertheless very serious. Protecting the nation’s secrets is one of the greatest responsibilities of any public official with classified clearance, and not only did Trump put these documents at risk, but he also (allegedly) refused to comply with a subpoena, tried to hide the documents, and lied to the government through his attorneys.

How plausible is a guilty verdict?
Vanishingly unlikely. Smith and the Justice Department are reportedly working on winding down the case now, both because Trump would quash it on his first day in office and also because long-standing guidance says a sitting president cannot be prosecuted. This once looked to be the most open-and-shut case: The facts and legal theory here are pretty straightforward. But Smith drew a short straw when he was randomly assigned Cannon, a Trump appointee who repeatedly ruled favorably for Trump and bogged the case down in endless pretrial arguments . Even before her dismissal of the case, some legal commentators accused her of “sabotaging” it.

Fulton County: Election Subversion

In Fulton County, Georgia, which includes most of Atlanta, District Attorney Fani Willis brought a huge racketeering case against Trump and 18 others, alleging a conspiracy that spread across weeks and states with the aim of stealing the 2020 election.

When?
Willis obtained the indictment in August 2023. The number of people charged makes the case unwieldy and difficult to track. Several of them, including Kenneth Chesebro , Sidney Powell , and Jenna Ellis, struck plea deals in the fall. Because a challenge to Willis’s presence on the case isn’t going to be heard until December , the case will not begin before the election.

How grave is the allegation?
More than any other case, this one attempts to reckon with the full breadth of the assault on democracy following the 2020 election.

How plausible is a guilty verdict?
Trump’s election casts even more uncertainty over an already murky future. This is a huge case for a local prosecutor, even in a county as large as Fulton, to bring. The racketeering law allows Willis to sweep in a great deal of material, and she has some strong evidence—such as a call in which Trump asked Georgia Secretary of State Brad Raffensperger to “find” some 11,000 votes. Three major plea deals from co-defendants may also ease Willis’s path, but getting a jury to convict Trump will still be a challenge. A judge on September 12 tossed three counts as outside state jurisdiction, and dismissed several other but said the state can refile them with more detail. The case has also been hurt by the revelation of a romantic relationship between Willis and an attorney she hired as a special prosecutor. On March 15, Judge Scott McAfee declined to throw out the indictment, but he sharply castigated Willis. Trump’s victory may result in the case being frozen indefinitely.

Department of Justice: Election Subversion

Special Counsel Smith has also charged Trump with four federal felonies in connection with his attempt to remain in power after losing the 2020 election. This case is in court in Washington, D.C.

When?
A grand jury indicted Trump on August 1, 2023. The trial was originally scheduled for March but was frozen while the Supreme Court mulled whether the former president should be immune to prosecution . On July 1, 2024, the justices ruled that a president is immune from prosecution for official but not unofficial acts, finding that some of Trump’s postelection actions were official and sending the case back to the trial court to determine others. Smith obtained a new indictment on August 27, which retains the same four felony charges but omits references to corrupting the Justice Department. On November 8, Smith asked the trial-court judge to pause the case because of the “unprecedented circumstance” of Trump’s reelection.

[David A. Graham: Trump attempted a brazen, dead-serious attack on American democracy ]

How grave is the allegation?
This case rivals the Fulton County one in importance. It is narrower, focusing just on Trump and a few key elements of the paperwork coup , but the symbolic weight of the U.S. Justice Department prosecuting an attempt to subvert the American election system is heavy.

How plausible is a guilty verdict?
It’s not happening, folks.

Additionally …

Once upon a time, cases were filed in more than 30 states over whether Trump could even appear on the 2024 ballot under a novel legal theory about the Fourteenth Amendment. Proponents, including J. Michael Luttig and Laurence H. Tribe in The Atlantic , argued that the former president was ineligible to serve again under a clause that disqualifies anyone who took an oath defending the Constitution and then subsequently participated in a rebellion or an insurrection. They said that Trump’s attempt to steal the 2020 election and his incitement of the January 6 riot meet the criteria.

The Supreme Court conclusively disagreed. The justices ruled unanimously on March 4 that states could not remove Trump from the ballot, and appear on the ballot he did. Trump is set to be sworn in as the 47th president on January 20, 2025.

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