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The Dictatorship

Judges look to history in Trump cases

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Judges look to history in Trump cases

Welcome back, Deadline: Legal Newsletter readers. If you’re at least a casual news consumer, you’ve probably seen a rash of retrospectives on the first 100 days of Donald Trump’s second term. I contributed to the genre here. This week’s newsletter continues along that reflective theme, looking at how judges are invoking American history to help us understand the moment we’re in.

The Red Scare in the 1920s and McCarthyism in the 1950s featured in a ruling ordering the release of Mohsen Mahdawi on Wednesday. The legal U.S. resident was seized by immigration agents at his citizenship interview last month in Vermont. He argued that he was targeted for exercising his right to speak out for Palestinians. U.S. District Judge Geoffrey Crawford seemed to agree, finding that his continued detention would likely have a “chilling effect” on protected speech.

The judge also marked the moment by noting “the extraordinary setting of this case and others like it.” He observed that legal residents who haven’t been charged with any crimes are being threatened with deportation for stating their views on political issues of the day. Against that backdrop, Crawford summoned the anti-communist Red Scare and McCarthyism panics of the last century. “The wheel of history has come around again,” the Obama-appointed judge wrote“but as before these times of excess will pass.”

To be sure, it’s been a bipartisan judicial affair calling out this administration. Crawford’s ruling reminded me of last month’s lesson from Reagan-appointed appellate Judge J. Harvie Wilkinson III. Lamenting the government’s resistance to returning the illegally deported Kilmar Abrego Garcia, Wilkinson wrote that “[t]he Executive may succeed for a time in weakening the courts, but over time history will script the tragic gap between what was and all that might have been, and law in time will sign its epitaph.” The government is still resisting Abrego Garcia’s return.

This week, another Reagan appointee zoomed out to rebuke claims “from both inside and outside government” that the courts are causing a constitutional crisis by usurping Trump’s power. U.S. District Judge Royce Lamberth ordered the government to disburse congressionally approved funds to pro-democracy nonprofit Radio Free Europe. In doing so, the judge wrote that he was “humbly fulfilling my small part in this very constitutional paradigm — a framework that has propelled the United States to heights of greatness, liberty and prosperity unparalleled in the history of the world for nearly 250 years.” Lamberth concluded that “[i]f our nation is to thrive for another 250 years, each co-equal branch of government must be willing to courageously exert the authority entrusted to it by our Founders.”

Justice Ketanji Brown Jackson joined the historical conversation in remarks to a judicial conference in Puerto Rico. Blue Light News reported that she condemned attacks on judges who have ruled against the administration. The Biden appointee reportedly encouraged judges to be courageous and “keep doing what is right for our country, and I do believe that history will vindicate your service.”

Jackson and her high court colleagues wrapped up the term’s regularly scheduled arguments this week. Among them was a case that could make history because at stake is whether the justices will approve the nation’s first-ever publicly funded religious charter school. While Justice Amy Coney Barrett’s recusal from the appeal could make the vote closer, the remaining Republican appointees were largely sympathetic to the school, which the Trump administration backs. It could come down to Chief Justice John Roberts’ vote.

The Supreme Court’s next hearing is a rare one over Trump’s quest to curb birthright citizenshipset for a special May 15 session. Besides that, the justices are busy writing their final opinions of the term, which are typically published by July. In the meantime, they’re frequently fielding emergency litigation that could produce orders at odd hours, including on the administration’s pending appeal to Enforce a ban on transgender military service. The administration added yet another emergency request on Friday, seeking permission for Elon Musk’s Department of Government Efficiency to access Social Security data.

Have any questions or comments for me? Please submit them on this form for a chance to be featured in the Deadline: Legal blog and newsletter.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

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The Dictatorship

Hamas is open to a ceasefire agreement. But Netanyahu says there’s no room for group in postwar Gaza

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Hamas is open to a ceasefire agreement. But Netanyahu says there’s no room for group in postwar Gaza

CAIRO (AP) — Hamas and Israel staked out their positions Wednesday ahead of expected talks on a Washington-backed ceasefire proposal, with the militant group suggesting it was open to an agreement while the Israeli prime minister vowed that “there will be no Hamas” in postwar Gaza.

Both sides stopped short of accepting the proposal announced Tuesday by U.S. President Donald Trump. Hamas insisted on its longstanding position that any deal bring an end to the war in Gaza.

Trump said Israel had agreed on terms for a 60-day ceasefire in Gaza and urged Hamas to accept the deal before conditions worsen. The U.S. leader has been increasing pressure on the Israeli government and Hamas to broker a ceasefire and hostage agreement.

Trump said the 60-day period would be used to work toward ending the war — something Israel says it won’t accept until Hamas is defeated. He said a deal might come together as soon as next week.

But Hamas’ response, which emphasized its demand that the war end, raised questions about whether the latest offer could materialize into an actual pause in fighting.

Hamas official Taher al-Nunu said the militant group was “ready and serious regarding reaching an agreement.” He said Hamas was “ready to accept any initiative that clearly leads to the complete end to the war.”

A Hamas delegation was expected to meet Wednesday with Egyptian and Qatari mediators in Cairo to discuss the proposal, according to an Egyptian official. The official spoke on condition of anonymity, because he wasn’t authorized to discuss the talks with the media.

Smoke from Israeli bombardment billows over the Gaza Strip, seen from southern Israel, Tuesday, July 1, 2025. (AP Photo/Ariel Schalit)

Smoke from Israeli bombardment billows over the Gaza Strip, seen from southern Israel, Tuesday, July 1, 2025. (AP Photo/Ariel Schalit)

Disagreement on how the war should end

Throughout the nearly 21-month-long war, ceasefire talks between Israel and Hamas have repeatedly faltered over whether the war should end as part of any deal.

Hamas said in a brief statement Wednesday that it had received a proposal from the mediators and was holding talks with them to “bridge gaps” to return to the negotiating table.

Hamas has said it’s willing to free the remaining 50 hostages, less than half of whom are said to be alive, in exchange for a complete Israeli withdrawal from Gaza and an end to the war.

Israel says it will only agree to end the war if Hamas surrenders, disarms and exiles itself, something the group refuses to do.

“I am announcing to you — there will be no Hamas,” Israeli Prime Minister Benjamin Netanyahu said during a speech Wednesday.

An Israeli official said the latest proposal calls for a 60-day deal that would include a partial Israeli withdrawal from Gaza and a surge in humanitarian aid to the territory. The mediators and the U.S. would provide assurances about talks to end the war, but Israel isn’t committing to that as part of the latest proposal, the official said.

The official wasn’t authorized to discuss the details of the proposed deal with the media and spoke on condition of anonymity.

It wasn’t clear how many hostages would be freed as part of the agreement, but previous proposals have called for the release of about 10.

“I’m holding my hands and praying that this will come about,” said Idit Ohel, mother of Israeli hostage Alon Ohel. “I hope the world will help this happen, will put pressure on whoever they need to, so the war will stop and the hostages will return.”

On Monday, Trump is set to host Netanyahu at the White House, days after Ron Dermer, a senior Netanyahu adviser, held discussions with top U.S. officials about Gaza, Iran and other matters.

Mourners attend the funeral of members of Al-Aimawi family who were killed in an Israeli bombardment of Al-Zawaideh, at Al-Aqsa Hospital morgue in Deir al-Balah, Gaza Strip, on Tuesday, July 1, 2025. (AP Photo/Abdel Kareem Hana)

Mourners attend the funeral of members of Al-Aimawi family who were killed in an Israeli bombardment of Al-Zawaideh, at Al-Aqsa Hospital morgue in Deir al-Balah, Gaza Strip, on Tuesday, July 1, 2025. (AP Photo/Abdel Kareem Hana)

Kidney patients sit amid the destruction caused by the Israeli army at Shifa Hospital compound in Gaza City on Tuesday, July 1, 2025, as they wait to leave after the facility suspended its dialysis unit services due to fuel shortages needed to power its generators. (AP Photo/Jehad Alshrafi)

Kidney patients sit amid the destruction caused by the Israeli army at Shifa Hospital compound in Gaza City on Tuesday, July 1, 2025, as they wait to leave after the facility suspended its dialysis unit services due to fuel shortages needed to power its generators. (AP Photo/Jehad Alshrafi)

Trump issues another warning

On Tuesday, Trump wrote on social media that Israel had “agreed to the necessary conditions to finalize” the 60-day ceasefire, “during which time we will work with all parties to end the War.”

“I hope, for the good of the Middle East, that Hamas takes this Deal, because it will not get better — IT WILL ONLY GET WORSE,” he said.

Trump’s warning may find a skeptical audience with Hamas. Even before the expiration of the war’s longest ceasefire in March, Trump had repeatedly issued dramatic ultimatums to pressure Hamas to agree to longer pauses in the fighting that would see the release of more hostages and a return of more aid for Gaza’s civilians.

Still, Trump views the current moment as a potential turning point in the brutal conflict that has left more than 57,000 dead in the Palestinian territory.

Gaza’s Health Ministry said the death toll passed the 57,000 mark Tuesday into Wednesday, after hospitals received 142 bodies overnight. The ministry does not differentiate between civilians and combatants in its death count, but says that more than half of the dead are women and children.

Since dawn Wednesday, Israeli strikes killed a total of 40 people across the Gaza Strip, the ministry said. Hospital officials said four children and seven women were among the dead.

The Israeli military, which blames Hamas for the civilian casualties because it operates from populated areas, was looking into the reports.

The war began on Oct. 7, 2023, when Hamas-led militants attacked southern Israel, killing 1,200 people and taking roughly 250 hostages.

The fighting has left the coastal Palestinian territory in ruins, with much of the urban landscape flattened in the fighting. More than 90% of Gaza’s 2.3 million population has been displaced, often multiple times. And the war has sparked a humanitarian crisis in Gaza, pushing hundreds of thousands of people toward hunger.

The sun sets over damaged buildings in the Gaza Strip, seen from southern Israel, Tuesday, July 1, 2025. (AP Photo/Ariel Schalit)

The sun sets over damaged buildings in the Gaza Strip, seen from southern Israel, Tuesday, July 1, 2025. (AP Photo/Ariel Schalit)

Hospital director killed

The director of the Indonesian Hospital, Dr. Marwan Al-Sultan, was killed in an apartment in an Israeli strike west of Gaza City, a hospital statement said. The hospital is the Palestinian enclave’s largest medical facility north of Gaza City and has been a critical lifeline since the start of the war.

The hospital was surrounded by Israeli troops last month and evacuated alongside the other two primary hospitals in northern Gaza.

The bodies of the doctor, his wife, daughter and son-in-law, arrived at Shifa Hospital torn into pieces, according to Issam Nabhan, head of the nursing department at the Indonesian Hospital.

“Gaza lost a great man and doctor,” Nabhan said. “He never left the hospital one moment since the war began and urged us to stay and provide humanitarian assistance. We don’t know what he did to deserve getting killed.”

In central Gaza, the Al Awda Hospital said an Israeli strike near the entrance of a school housing displaced Palestinians killed eight people, including three children, and wounded 30 others. The hospital also said Israel struck a group of Palestinians who gathered near the entrance of the hospital’s administration building in Nuseirat refugee camp.

In other developments, Israel said an airstrike last week killed two Hamas members who allegedly took part in a June 24 attack in which seven Israeli soldiers were killed when a Palestinian attacker attached a bomb to their armored vehicle.

___

Bassem Mroue reported from Beirut. Moshe Edri in Tel Aviv, Israel, Kareem Chehayeb in Beirut, and Josef Federman in Jerusalem, contributed to this report.

___

Follow the AP’s war coverage at https://apnews.com/hub/israel-hamas-war

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The Dictatorship

Zohran Mamdani’s modest grocery proposal has sparked a right-wing panic for no reason

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Zohran Mamdani’s modest grocery proposal has sparked a right-wing panic for no reason

The Democratic nominee for mayor in New York City Zohran Mamdanihas commanded a share of the nation’s attention that few candidates for local office will ever achieve. Many of the controversies swirling around him have at least centered on issues that always inspire heated debate, like the Israeli/Palestinian conflict. Since his victory in the primary, though, a surprising number of denunciations of Mamdani by conservatives and libertarians have centered around … grocery stores.

Writing in The Wall Street Journal, John Catsimatidis (who owns the grocery store chains Gristedes and D’Agostino’s) warned that Mamdani’s policies on grocery sales amount to “radical socialism” and, if implemented, “would collapse our food supply, kill private industry, and drag us down a path toward the bread lines of the old Soviet Union.” The same analogy was pursued by Megan McArdle in The Washington Post. “Forget the old-school communist talk about socializing the means of production,” McCardle wrote. “Mamdani wants to socialize the means of consumption.”

A surprising number of denunciations of Mamdani by conservatives and libertarians have centered around … grocery stores.

Judging by these reactions, you’d think that Mamdani had, at the very least, proposed expropriating every privately owned supermarket and bodega in the city and placing them under control of a People’s Commissariat of Food Supply. You might even wonder if he’d gone further and proposed sending the NYPD to conquer some rural areas of upstate New York and forcibly collectivize agriculture there.

In reality, he’s proposed a very modest experiment. He doesn’t want to touch a single privately owned store. Instead, he wants to start five new city-owned grocery stores, one in each of the five boroughs, designed to provide a public option for grocery shopping in the areas within those boroughs with the fewest private options (where grocery prices at those few stores that do operate tend to be very high).

If this sounds like an extreme proposal, it shouldn’t. There are 17 states around the country with public monopolies on liquor stores. One of these is the most otherwise libertarian state in the union, New Hampshire, whose state motto is “Live Free or Die.” If the 80 state-owned liquor stores in New Hampshire don’t inspire hysterical analogies to the Soviet Union, despite the lack of private competitors, introducing a grand total of five private groceries to New York City (whose population is almost eight times the total population of New Hampshire) shouldn’t either.

Billy Binion, a writer for the libertarian magazine Reason, argues that this is an analogy that should make us more skeptical of the idea, rather than less. After the end of Prohibition, he points out, some politicians in these states supported moving state monopolies on liquor stores because they “wanted drinking to be difficult and expensive after alcohol was legalized again.” As such, the analogy to food sales “isn’t exactly reassuring.”

But there’s a world of difference between why some prohibitionist dead-enders might have supported a policy in the 1930s and why it remains popular in the 2020s.

The difference between prevailing attitudes in different states also matters. Are we really supposed to believe that voters and politicians in “Live Free or Die” New Hampshire continue to support the state monopoly because they wish Prohibition would come back and, failing that, they want a nanny state to do everything it can to discourage drinking?

If so, the policy has been a truly spectacular failure. States are clustered together closely in that part of the country, and people from around the region often drive to New Hampshire for the sole purpose of stocking up on cheap liquor at the state liquor stores. Anyone who’s ever driven into the state will remember the giant billboards directing people to those stores. In fact, NPR reported several years ago that latter-day bootleggers are sometimes caught buying up hundreds of bottles of cheap New Hampshire liquor to resell in other states. Far from being a hotbed of neo-prohibitionism, New Hampshire keeps its liquor store policy in place precisely because it brings much-needed revenue to a state that’s notoriously reluctant to raise funds through taxation.

It’s a quirk of culture and history that publicly owned liquor stores are so much more common in capitalist countries than publicly owned stores selling milk and eggs, but on a basic logistical level, a city-owned grocery store in Queens would be much more like a state-owned liquor store in New Hampshire than it would be like a Soviet grocery store. Aside from John Catsimatidis and Megan McCardle, I’ve never heard anyone suggest that the reason shelves were so often empty at Soviet stores was because the stores themselves didn’t know how to order needed goods from suppliers or stock the shelves, rather than the problems with making sure the actual production of goods was coordinated with fine-grained consumer preferences in a system where every aspect of the economy was centrally planned.

Perhaps, given the smaller profit margins in stores selling perishable groceries than stores selling beer, wine and hard liquor, though, Mamdani’s proposed experiment with a tiny number of municipal grocery stores would be a failure and it would have to be abandoned. There’s no way to be certain before it’s tried.

New Hampshire keeps its liquor store policy because it brings much-needed revenue to a state that’s notoriously reluctant to raise funds through taxation.

What I can’t get over, though, is the massive contradiction at the heart of the right-wing panic about his proposal. If the shelves would be empty since no public employee could ever navigate the delicate logistical hurdles, why on earth would anyone shop there rather than finding a private alternative? But if so, how are we supposed to understand the claim in the Wall Street Journal op-ed that Mamdani wants to “replace” private with public grocery stores? Is the problem that any city-owned grocery stores would be horrendously inefficient, such that we’d see empty shelves to the Leningrad in 1970? Or is it that they’ll be so wildly successful that the initial experiment with five stores will mushroom and all private competitors will eventually be put out of business?

Neither criticism is especially compelling on its own. But if critics want to make any sense at all, they have to pick.

I am a burgis

Ben Burgis is a political commentator and author. He has written articles for Jacobin and The Daily Beast.

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The Dictatorship

The lie Republicans will use to sell punishing megabill cuts to MAGA voters

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The lie Republicans will use to sell punishing megabill cuts to MAGA voters

When President Ronald Reagan was trying to justify massive cuts on social programs, he would often invoke the so-called welfare queen.

His rhetoric focused on an imaginary American — typically assumed to be a Black, single woman — who was living large on the public dole.

Today’s Republicans haven’t invoked the stereotype as they’ve set about slashing the safety netbut that may be because they don’t have to.

There’s a persistent myth in American politics that poverty has a single face and that face is usually Black, often female, and somehow responsible for her own hardship.

The Senate voted to pass the “big, beautiful bill” on Tuesday. The House, after wavering for a few hours on Wednesday nightis now poised to send it to President Donald Trump’s desk in time for his Fourth of July deadline. But even as Trump and his allies in Congress have prepared to take food off the tables of poor Americans with their megabillthe decades-long project to demonize social welfare programs has helped them avoid accountability.

And make no mistake, the people that many of these cuts are going to hurt the most are the white, rural voters who backed Trump in the last three elections.

There’s a persistent myth in American politics that poverty has a single face and that face is usually Black, often female, and somehow responsible for her own hardship.

That myth was not born by accident. It was crafted, polished and weaponized. It was built on decades of policy choices and political messaging that added racial overtones to programs designed to combat poverty among all Americans in an effort to erode public support.

Ironically, these programs began as ways to help poor white people. When the New Deal began tackling poverty, programs such as Aid to Dependent Children (later renamed Aid to Families with Dependent Children, AFDC) were designed to support mostly white, widowed mothers suffering in the Great Depression.

It wasn’t until the Civil Rights Movement gained traction in the 1960s that more Black families became able to access these same benefits. That led to a backlash against them that the right has long used to try to undercut them.

By the 1970s, amid rising inflation, economic anxiety and racial resentment, conservatives began to cast what was known as “welfare” not as a ladder out of poverty but as a trap and its recipients as ungrateful, unproductive burdens on the system.

Reagan took a story about a real woman convicted of fraud and exaggerated it into the fictional ‘welfare queen.’

That set the stage for Reagan, who took a story about a real woman convicted of fraud and exaggerated it into the fictional “welfare queen” who was supposedly cashing multiple checks under multiple names and driving a Cadillac.

The strategy worked. The “welfare queen” myth gave policymakers from both parties permission to strip benefits from millions of people.

When President Bill Clinton signed the 1996 welfare reform bill, officially ending AFDC and replacing it with Temporary Assistance for Needy Familiesthe damage was codified. Clinton promised to “end welfare as we know it,” and he did. But what also ended was any real commitment to a guaranteed safety net in this country.

The truth is, the majority of people living in poverty in America today are not Black. They are white, rural Americans, children and veterans. They are seniors on fixed incomes or single mothers juggling multiple jobs and still coming up short. The face of poverty is not who many Americans have been conditioned to see.

The cost of that conditioning is showing up in real time.

Last month, House Republicans advanced a tax bill that would give about $4 trillion in permanent tax breaks to the wealthy and big corporations over the next 10 years. And earlier this week, the Senate passed a revised version of that bill that would lock in those tax cuts that overwhelmingly help the rich. How do they plan to pay for it? By targeting the very programs that keep working people afloat — like SNAP and Medicaid. This isn’t fiscal responsibility. It’s cruelty disguised as economics.

Democratic Rep. Brendan Boyle of Pennsylvania joined us on “The Weeknight” earlier this week to make this very point. He reminded viewers that there are two counties in Pennsylvania that are directly tied for the highest poverty rate. One is in Philadelphia and the other is Fayette County, which is along the border of West Virginia and 95% white. That truth rarely gets its deserved airtime, yet it is central to the stakes of this moment.

Vague political language like “spending cuts,” “entitlement reform” and “deficit reduction” allow harmful assumptions to do the dirty work.

Vague political language like “spending cuts,” “entitlement reform” and “deficit reduction” allow harmful assumptions to do the dirty work. It keeps people from realizing that when Congress cuts SNAP, they’re not punishing a stereotype. They’re punishing real people. The single mother in Appalachia. The retiree in Arizona. The family in Detroit living paycheck to paycheck.

Many of them are Trump voters, including both his die-hard supporters and those who say they were fed up with inflation and looking for change last November.

They will soon suffer from these cuts, too. So why did they vote against their own interests? Because they’ve been sold a story, one that says that the “takers” are Black and brown and implicitly promises that the pain will be inflicted on someone else. One that allows some people in poverty to think that they’re the virtuous ones who are being held back and that the cuts will only affect the “waste, fraud and abuse” coming from somewhere else.

The truth will become clear soon enough. Some of these voters may come to realize they’ve been sold a bill of goods. Let’s hope that the horrific effects of this legislation eventually cause a moment of reckoning for the people who continue to try to sell the lie of the “welfare queen” to justify their own cruelty.

For more thought-provoking insights from Michael Steele, Alicia Menendez and Symone Sanders-Townsend, watch “The Weeknight” every Monday-Friday at 7 p.m. ET on BLN.

Symone D. Sanders Townsend

Symone D. Sanders Townsend is an author and a co-host of “The Weeknight,” which airs Monday through Friday at 7 p.m. ET on BLN. She is a former deputy assistant to President Joe Biden and a former senior adviser to and chief spokesperson for Vice President Kamala Harris.

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