More than 100,000 gathered in New York City – they were among at least eight million nationwide at a record 3,300+ protest events in big cities and small hamlets in all 50 states, participating in the nationwide No Kings 3, the largest single day peaceful protest in America’s 250 years since achieving independence from monarchy.
What was remarkable as people crowded together for the slow, mile-long march down Seventh Avenue was how polite, kind, good humored everyone was.
There was joyfulness, a sense of release that comes after waking each day depressed and awaiting the inevitable three-punches-to-the-gut that occur with the latest outrage and offense inflicted by this deranged, demented dictator wannabe sociopath and his enablers.
There was the comfort of joining together in community and mutual commiseration, reinforcing the sanity of opposing this corrupt administration, that in just 15 months, has managed to overturn and upend every value that America was founded upon. Living with the feeling of having your world turned upside down, like being tossed into the Red Queen’s domain of Alice in Wonderland. More than one carried a sign saying, “Make Orwell Fiction Again.”.
Each of the three No Kings protests and the “Hands Off” protest before, has been larger than the one before as the grievances pile up and are layered on.
This, No Kings 3, brought out at least an additional one million – more than 8 million people in 3,200+ No Kings events – by adding the anti-war layer. No money for healthcare, but $200 billion ($1 billion a day) for an illegal, unprovoked war that seems only to serve his Big Oil donors and his buddies Putin and Netanyahu. (Meanwhile, he continues to undermine Ukraine, actually giving Putin a new lease on life to wage his war despite aiding Iran against the US, while insulting Zelensky who has tried to help the US combat Iranian drones). In the process, Trump has undermined our alliances – NATO, the European Union – already fraying with his unhinged tariff policy, threats to take over Greenland, Panama, now Cuba (“I can do anything I want”), and unleashing the war against Iran without so much as a heads-up for the allies he now chides as “cowards”.
Meanwhile, he is letting the nuclear testing treaty lapse and announcing new testing, only reinforcing recognition by North Korea and Iran and anyone else of the necessity of having a nuclear weapon as the only real deterrent against this new imperialism by a leader of a former superpower with ambitions of being not just a dictator, but Emperor. Rather than America as the Superpower and the beacon of democracy for the world, Trump has turned USA into America Alone, a pariah.
His tariff policy had already undermined the US economy which (no surprise) was the strongest on the planet (thanks to Biden’s policies getting us out of a deadly pandemic, restoring supply chains and domestic manufacturing), re-triggering inflation. But now, the Iran War is triggering a global oil and food crisis of historic proportions. Trump’s reaction? “Hormuz doesn’t affect us. Doesn’t concern us. I don’t care.” But he has taken to calling it the “Strait of Trump.”
The climate action people were out in force, recognizing that everything this corrupt administration has done has been to force the US off the track to clean, renewable energy and back into dependency on dirty fossil fuel (and back into wars for oil) – not just rescinding the tax credits, but actually trying to shut down wind power projects already well under construction. Most recently, he has turned the Environmental Protection Administration into a misnomer, unilaterally repealing the “Endangerment Finding,” basically saying they don’t care how many people will sicken or die because of air or water pollution, contract cancer from chemical toxins, or the health, economic and geopolitical impacts of global warming that will produce some 200 million climate refugees due to sea level rise, drought and famine.
The Epstein files and Trump’s unaccountability seem also to have inspired many first-time protesters, pushed to the breaking point of “enough is enough.”
But probably what pushed many more over the edge in the growing list of unconstitutional, illegal actions was embroiling the United States (and the world) in an illegal, endless war without any discussion, let along authorization of Congress or collaboration with allies or even an explanation (that makes sense) to Americans. In fact, the administration deceived the Congress and betrayed the Iranians who mediators said were making progress in good faith negotiations. Trump blithely said that Cuba was next on his hit list (after Venezuela and Iran, a war he has already become “bored” with (“I can do anything I want”).
If the first No Kings had much to do about yielding over to the oligarchs, the Trump Crime Syndicate’s Putin-style kleptocracy has become obvious, as Trump has managed to personally profit by over $1 billion in just this first year, his family enterprise billions of dollars more. They don’t even hide it, with their cybercurrency scams, the boys’ “new” drone factories getting federal contracts, their donors getting 2 and 3x the market rate to purchase warehouses to detain migrants, terrified children (without due process) in inhumane conditions that mass murderers on death row don’t experience.
Add on the obvious efforts at voter suppression, purging voter rolls, likely election subversion, and extorting Congress to pass his SAVE Act which will disenfranchise millions of women, minorities, disabled, homeless and the most vulnerable most in need of salvation from this tyrannical kleptocracy, because, as he admits, he and his enablers are desperate to keep power to prevent Democrats from taking control of Congress and impeaching him for an unprecedented third time and holding his cabinet of criminals accountable)
As several posters wrote: “All my outrage can’t fit on this sign.”
In all, those waving the placards that say “No Kings since 1776,” are right to be concerned. This is an inflection point. In just this brief time, Trump and his thugs have pushed America back before the 1960s (the Golden Age toward civil and human rights and the first glimmer of a true democracy), before the 1860s (they are re-writing history to make slavery a noble endeavor).
“This regime has used threats, intimidation, and a constant deluge of atrocities to heighten fear and cynicism so that the American people would not fight back as it shreds our Constitution, disappears our neighbors, steals from us, and turns our country into a pariah rogue state,” write Indivisible co-directors leaders Leah Greenberg and Ezra Levin.
“But the people are fighting back — and in larger numbers than ever before. We can now estimate that at least 8 million people protested today, making this the largest protest in US history. That means that over a million new people joined us this time around — and we’re hearing stories from all over of people who didn’t just attend their first No Kings protest — they attended their first-ever protest.”
Organizers point to the building of a movement that goes beyond showing up on a day and waving a sign.
Now they point to continuing to build the grassroots infrastructure to overcome the voter suppression and election subversion aimed at preventing an overthrow of MAGA rule, and retake at least the one “co-equal” branch of government and make it do its job of checks-and-balances and oversight of a corrupt administration.
Despite bringing the protests to their doorsteps (rather than concentrating protest in Washington DC when the lawmakers are not even there), clearly, the Republicans in Congress are more fearful of Trump (who has taken control of the war chest) than they are of their voters, smug in their confidence in their voter suppression, gerrymandering, election subversion will keep them in their jobs.
In this 250th anniversary year of the beginning of the march toward a “more perfect union,” we are either looking at a revived “We the People” revolution or the restoration of rule by a deranged, demented tyrant.
Some 400 organizations coalesced to support the No Kings protests including Indivisible, Moveon, ACLU, May Day Strong, 50501,
“Because here is the truth: No single day—not even the largest day of protest in U.S. history—stops authoritarianism. What stops authoritarianism is what comes after the march. The sustained organizing. The community building. The first-time marcher who felt something shift in them yesterday but doesn’t know where to go,” says Moveon.org.
Indivisible, which has spearheaded the No Kings events, announced nationwide organizing meetings to welcome protesters into ongoing political organizing. “We’ll be launching nationwide community meetings — hosted by protest organizers and attendees — to help people politically awakened by No Kings get involved with sustained local actions around ICE monitoring, election protection, and noncooperation. They’ll be a great way to connect folks with Indivisible groups and existing networks and foster new groups and leadership building.
Gearing up for a national day of economic disruption on May Day. “We always say mass mobilizations are just one tactic. Economic disruption is another tactic. And it’s most successful when you’ve done the work to build a large, broad-based coalition of folks ready for higher-level actions. So now, the ground is laid for May Day Strong’s national day of ‘No school, no work, no shopping’ to put the oligarchs enabling Trump’s power grabs on notice.”
The repeal of Roe v. Wade by the ultra-right majority Supreme Court’s Dobbs decision in 2022 not only overturned women’s ability to control their own body, decide their own future, even save their own life, but the next phase, endowing a fertilized egg, embryo or fetus with personhood, essentially strips women of their personhood, altogether.
Women are not just second-class citizens, without the right to self-determination as a man is entitled to, women are mere brood mares, a slave of to the state, not much different than a beast of burden, without any rights at all – not the right to life, due process, equal protection, privacy, cruel and unusual punishment.
And the SAVE Act will make it difficult for women to regain their rights, their personhood by putting up discriminatory barriers to voting.
“Didn’t we already fight these battles?” one asked at a recent ReachOut America-Long Island meeting hosting Lynn M. Paltrow, the founder and former executive director of National Advocates for Pregnant Women (now Pregnancy Justice), now a leader of The Beacon for Democracy, who has been fighting these same battles since the 1960s.
In 13 states with absolute abortion bans, women no longer have the same protection under Health Insurance Portability and Accountability Act (HIPAA) of 1996 to keep their sensitive health information private from vigilantes, bounty hunters, spurned partners or prosecutors who are arresting women for using abortion medication and even women who have suffered a miscarriage.
Women who are on the brink of death, suffering in pain, or losing their ability to ever have a baby, no longer have the same right to Emergency Medical Treatment and Active Labor Act (EMTALA), mandating care, or for that matter, the same protection against cruel and unusual punishment as a mass murderer awaiting capital punishment.
And to make sure a woman has no ability to obtain reproductive health care, they are prosecuting doctors, nurses, healthcare workers – even those out of state where abortion care is legal.
The result is to create “maternity deserts” – places that no longer have doctors, healthworkers, too afraid of prosecution for providing care – and a rise in maternal and infant mortality. So much for “pro-life.”
Even when abortion was theoretically protected under the Constitution, states built barriers to access – requiring abortion clinics to meet unnecessary standards, allowing protesters to intimidate patients and healthworkers, even forcing pregnant women to undergo invasive probes and to look at the image of the fetus in their womb to shame her into abandoning her intention to abort. You would think that would violate the 4th amendment’s protections against unreasonable searches.
Or how about banning doctors from giving factual information about reproductive health – a violation of their First Amendment right to free speech?
Texas and Alabama are among the states that are trying to ban pregnant women from traveling out of state to places like New York State, even prosecuting family members who might provide aid. It doesn’t matter, as the Justice Department is now arguing, that the Constitution protects the right to travel across state lines and engage in conduct that is lawful where it is performed and that states cannot prevent third parties from assisting others in exercising that right. Florida was monitoring girl athletes’ menstrual cycles.
There’s a Pregnant Workers Fairness Act that went into effect in 2023 (thanks Biden-Harris) that requires employers to give reasonable accommodation to pregnant women, but Texas has decided it can ignore it.
And none of these have anything to do with “protecting life” (if that were true, these same people wouldn’t be blocking gun control even preventing doctors from inquiring whether parents store their gun safely, despite the fact gun violence is the greatest killer of children). Rather, it is about controlling, disenfranchising, disempowering and dehumanizing women.
“Abortion laws were a way of controlling women without seeming to. But abortion is about a medical procedure and ending pregnancy,” said Lynn M. Paltrow, an attorney and activist on behalf of reproductive justice, who has been fighting for reproductive justice since the 1960s/before Roe.
Indeed, while the anti-abortionists like to portray women seeing reproductive care are Jezebels, wanton or promiscuous women (no mention of those who are raped or victims of incest), six in 10 are already mothers and half have two or more children. As Paltrow noted, women seek abortion care for many different, personal reasons including not being able to afford more children or having health issues that would be compromised by pregnancy. Also, one in four pregnancies result in miscarriage, which requires a procedure, dilation and curettage (D&C), that falls under the same definition (and ban) as “abortion,” while 80 percent of pregnancy deaths are preventable, according to the CDC.
The United States, already with the highest rate of maternal and infant mortality of any high-income country due to the lack of universal health care, is seeing these rates surge in states that have total or near total bans on abortion. And yet, the number of abortions is not going down – only access to prenatal care and to legal, safe abortions.
Right wingers use abortion to rally the Christian Right, waving the banner of “pro-life.” Reproductive Rights activists made a mistake by framing the issue as the right to abortion rather than a woman’s human rights, Paltrow maintained – an echo of Hillary Clinton’s famous speech in Beijing 30 years ago, “Women’s rights are human rights,” the First Lady declared.
“The movement tends to narrow everything down to abortion rights but the issue is not defending particular medical procedure, it’s about defending the people who sometimes need to have the procedure as a full, whole person…Abortion laws were a way of controlling women without seeming to. But abortion is about a medical procedure and ending pregnancy,” said Paltrow.
But the most serious an assault on women’s rights, freedom, liberty and self-determination is the Religious Right’s crusade to establish the personhood of an embryo, fetus – essentially giving this entity, that cannot exist on its own, more rights than the mother whose own “personhood” becomes irrelevant.
Since the embryo or fetus cannot speak for itself, this gives the state authority and power over the woman – making her nothing more than a breeder cow or literally a slave of the state. (You would think this would violate 13th amendment, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.”)
She notes that personhood – or citizenship – according to the Constitution’s post-Civil War amendments, applies to “all persons born or naturalized in the United States…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
You would think that equal protection and due process would apply to the mother (and should have been used to establish Roe v. Wade, instead of the right to privacy), but if an embryo or fetus has “personhood rights”, the woman does not.
A Catholic judge ruled that the expectant mother “has placed herself in a special class of persons who are bringing another person into existence. I submit a woman who carries a child to viability is in fact a member of a unique category of persons.”
What does “a unique category of persons” mean in practical terms? Fewer rights, no bodily autonomy.
Persons in this “unique category,” Paltrow said, lose their right to life, liberty, freedom of religion, due process of law (procedural), bodily integrity (medical decision making), privacy in medical information, privacy in reproductive decision making, being free of unreasonable searches and seizures and being free of cruel and unusual punishment, their right to reasonable bail, counsel, right to parent, right to equal protection of the law (race and sex), right to freedom of speech and conscience, as well as human rights more broadly.
In other words, a slave of the state.
What does that mean? It gives the state, the authorities, some nasty neighbor the ability to prosecute a woman for her behavior during pregnancy – if she has a glass of wine, uses marijuana, smokes a cigarette, goes skiing, even drives a car or falls down the stairs – while women are forced by the state to come to the brink of death or lose their future futility without receiving health care.
Between 1973 (the year Roe v. Wade was decided), up to 2005 (32 years), there were 413 arrests of women who miscarried. Between 2006 and 2022 (17 years), there were 1387 arrests – that is three times the incidents in less than twice the time interval. But in just the two years since 2024, the year Dobbs overturned Roe, there have already been 412 arrests of women who miscarried – a number equal to the 32 years.
Among those prosecuted: a woman who fell down steps while pregnant, went to the hospital for treatment, was reported and arrested on her way home to her two other children, for attempted feticide.
Paltrow provided some horrifying examples from cases she fought:
Pamela Rae Steward Monson had a baby that died shortly after birth. She was arrested for medical neglect – not getting to the hospital quickly enough on the day of delivery, not getting prenatal care early enough. And when she did go to the doctor, everything the doctor told her became a weapon against her. Ultimately, she was found to be at fault because “she subjected herself to the rigors of sexual intercourse.”
Though Paltrow won the case (it was featured on “Nightline,”) “it launched hundreds of cases because prosecutors saw arresting a woman for something she did or did not do during pregnancy as a way of getting on TV.”
Another case involved Angela Carter, who had survived childhood bone cancer but had lost a leg. But after she was pregnant, she found a tumor the size of a football. “She wanted to live, so wanted to have the chemo or surgery that would save her life, even if it posed a risk to the fetus” Paltrow related. Instead, her desires were ignored and a judge – who never met her – appointed a lawyer to represent the interests of the fetus and ruled that she would have to undergo a Caesarean section to remove the 25-week old fetus – which in those days, had little chance of survival – even though the operation could kill Angela. Though she refused the C-section, the judge ordered it anyway. The baby lived two hours then died; Angela lived two days, then died.
In 2008, Jennifer Jorgensen, a Long Islander, was pregnant when she was involved in an automobile crash that killed two others. She was arrested and charged with driving while intoxicated and manslaughter, and though the baby was born alive, the prosecutor couldn’t convict her for anything but her behavior while pregnant that caused the accident. “They couldn’t convict her for the two who died, but violating her special obligation to unborn child.”
But this is New York State. Patrow’s group, National Advocates for Pregnant Women and Pregnancy Justice, filed an amicus brief in state Supreme Court arguing that there is no state law that says a woman can be held criminally liable for something she did or didn’t do while pregnant.
In a 2011 case (Dray v. Staten Island University Hospital), a Northwell Hospital had a secret policy allowing a doctor to overrule a mother’s decision if the doctor felt the fetus was at risk. That led to a woman being given a c-section against her will.
Since then, New York has passed an Equal Rights Amendment to the state constitution, outlawing discrimination on the basis of sex, pregnancy, or pregnancy outcome. “Abortion can’t be banned in New York State and women cannot be held criminally liable for doing something in pregnancy that somebody else doesn’t like.”
In contrast, 80% of arrests and prosecution of pregnant women that NAPW documented come from states that have passed abortion bans, like Mississippi and Texas.
“Blaming women is particularly cruel because, thanks largely to the abortion bans, there are now ‘maternity care deserts’. Since August 2023, more than 5.6 million women live in counties with no or limited access to maternity care services.
“They have nowhere to go because doctors don’t want to be in a state where they can be prosecuted for addressing a woman’s pregnancy crisis.”
Not surprisingly, the United States has the highest rate of maternal mortality of any high-income nation, and the rates of maternal and infant mortality are highest in states with abortion bans.
“Over 80 percent of those deaths are preventable. MAGA wants to lock up women as murderers – South Carolina, Georgia, Kentucky and Oklahoma are proposing to make homicide laws applicable to women who have abortions.”
A Nebraska teenager who had a medicinal abortion was sentenced to 90 days in jail. A Texas woman, Mallori Patrice Strait, 33, was arrested (the charge was abuse of a corpse) and spent nearly five months in jail after a December 19, 2024, incident where she experienced a miscarriage in a Whataburger bathroom in Converse, Texas. (The charge was later overturned for lack of evidence, but still.)
“If fetuses are declared children, they will be covered under criminal law,” she notes, citing a case where a woman who had a cocaine addiction, gave birth, and was convicted of delivery of drugs to a minor through her umbilical cord.
There is also renewed effort to extend abortion bans to banning contraception as murder.
If the “pre-born” have personhood and a right to life, “we lose our right to life.”
“The push to have fetus as person – fetal rights – is an argument based on fantasy that fertilized egg, embryo, fetus inside woman’s body are really outside” and have more constitutional rights than any person (including mother).
Instead, “make [reproductive justice] a conversation about our personhood, our experience, someone who needs to be treated with a right to healthcare.”
Feeling empowered to deny a woman’s personhood, though, goes back to the fact this country was founded on the notion that one could own and control people (slavery). After being shipped to America, slave women were raped – forced reproduction was a primary way slaveholders made money – producing more slaves to sell, she said.
“We need to change the conversation [from abortion] to personhood… We win when we make argument that this isn’t just about abortion, it is about women being recognized as people.”
The nearly 50 years of legal abortion made a huge difference for women – their lives were better, maternal and infant mortality went down.
Before even before 1973 when abortion was illegal, as many as 12 million were having illegal abortions – “a form of mass civil disobedience.”
Before Roe, she said, 20-25 percent of pregnancies ended in abortion.
Today, post Dobbs, despite the bans, the number of abortions has actually increased – because there is safe, effective medication and groups organized to get it – a post-Roe abortion “underground railroad”. (Actually, more than 50 percent of abortions are through medication and not that gruesome surgical procedure the anti-abortionists love to display.)
“Research shows restricting reproductive freedoms does not lead to fewer abortions- abortion bans only make abortion dangerous as people turn to unregulated back alley procedures. Maternal, infant mortality rise especially in marginalized communities.”
How ironic that other countries have seen a green wave of abortion rights. Over the past 30 years, more than 60 countries and territories – many Catholic conservative countries like Ireland – liberalized their abortion laws.
(After Dobbs, France amended its Constitution to make sure women would have their reproductive rights. “The rights of women are reversible — you are never sure to have really won,” said Geneviève Fraisse, a French feminist philosopher. “The proof is in the United States.”)
Meanwhile, Sen. Josh Hawley (R-MO) just this month (Women’s History Month) introduced legislation in the Senate that would revoke FDA approval of mifepristone and make it illegal to distribute nationwide. The bill builds on legislation Hawley introduced last year that targeted mifepristone access through the mail.
The Mississippi House and Senate voted to advance House Bill 1613 that creates criminal penalties for anyone who manufactures, sells, distributes, dispenses, or prescribes medication abortion, including mifepristone and misoprostol. House Bill 1613 takes Mississippi’s already extreme abortion ban a step further by seeking to criminalize any manufacturer or provider of abortion medication, punishing any violation of this law with up to 10 years in prison, and empowering the state’s attorney general to sue people for violating the law and to recover monetary damages. (Wouldn’t you love this kind of penalty for manufacturers of assault weapons that are used in mass murder?)
Last year, Texas initiated legal action against New York doctor Maggie Carpenter for mailing mifepristone to a Texas resident, marking a major legal test of state abortion bans vs. shield laws. New York officials refused to enforce the $100,000 judgment due to state shield laws. (So just imagine if a Republican, like Bruce Blakeman, defeats Kathy Hochul for governor.)
So, with 60 percent of Americans saying abortion should be legal in all or most cases (38% say it should be legal) and 55 percent supporting medication abortion, to succeed in nationalizing abortion bans and dehumanizing women, they have to strip or suppress voting rights – fundamental to protecting every other right – especially by women, a majority of whom consistently vote Democrat.
The SAVE Act would require every American citizen to show a passport or birth certificate and government ID with the same name to vote. While 146 MILLION Americans do not have a passport (which is expensive, and is akin to charging a poll tax in the Jim Crow days; also passports take weeks to get, Trump has shut down thousands of places that issued them, are valid for 10 years during which a person could get married/divorced/remarried), 69 MILLION women do not have a valid birth certificate due to surname changes -a clear violation of 19th Amendment, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”
Under the SAVE Act, with exception of NY, WA, VT, Mi, MN, your RealID driver’s license would not be acceptable proof of US citizenship; the birth certificate will not be proof of citizenship if the name does not match; a marriage license will not be acceptable proof of the change of name from the birth certificate and RealID, a woman would have to have her name legally changed. And while already registered women might feel secure, the act would allow purges of voters without notification and time to correct any error.
And just as there is more control over a woman’s uterus than an assault weapon, the same party that blocks universal background checks or any regulation of gun ownership when “gun” or “firearm” is NEVER used in the Constitution (“arms”, which in 1781 meant any weapon worn on the body, is used once), but “vote” and “voting” is used 37 times in the Constitution, in order to set up a government “by the People, for the People,” it will be easier to buy an assault weapon than to vote.
Come out March 28 for the third No Kings protests.
This would be the third No Kings protest – each one bigger than the last, with ever more grievances to protest (ICE/deportations, military in the streets, launching wars without Congress, suppressing free press, public education, free speech, voting rights, environment and climate destruction).
But what is disturbing is that Women’s Rights have kind of receded into a background (it was more prevalent at the earlier Hands Off! Protests).
On March 28, bring Women’s Rights back to the forefront.
Go to www.nokings.org to find a protest to join. So far, close to 3,000 protests are planned.
Senator Bernie Sanders (I-Vt), in remarks at George Washington University regarding the “unprecedented and dangerous moment we are in because of Trump’s unique threats to our democracy” called for unprecedented voter turnout, warning that Trump may well declare victory in Election Night, before the millions of mail-in-ballots are counted, confiscate the ballots to prevent them from being counted, and even instruct Republican legislators to disregard the popular vote and select Trump electors to vote in the Electoral College. If all that, including impeding delivery of mail-in-ballots, calling out thugs to intimidate voters who come to the polls, Trump says he is counting on the Supreme Court, with his third pick already on the court, to hand him the election. Only then, he says, will there be a “peaceful transfer” because there won’t be a transfer at all, but a continuation of power. – Karen Rubin/news-photos-features.com
Here are Senator Sanders’ remarks, highlighted, as prepared for delivery:
Saving American Democracy
This country faces an unprecedented set of crises. We are struggling with a pandemic that has already cost us over 200,000 lives.
We have an economy in which we have a grotesque level of income and wealth inequality, where the middle class is being decimated, where millions of workers have lost their jobs and half of our people continue to work paycheck to paycheck — many for starvation wages.
We are living in the moment when climate change is ravaging this planet, leading to massive fires on the West Coast, drought and unprecedented levels of extreme weather disturbances all across the globe.
We are the only major country on earth not to guarantee healthcare to all people as a right, over 90 million Americans are uninsured or under-insured, and we pay by far the highest prices in the world for prescription drugs.
All of these issues, and others, are enormously important and should be the issues that are being debated in this campaign. But, today, I’m not going to talk about any of them.
What I am going to talk about is something that, in my wildest dreams, I never thought I would be discussing. And that is the need to make certain that the President of the United States, if he loses this election, will abide by the will of the voters and leave office peacefully.
What I will be discussing today is the danger that this country faces from a president who is a pathological liar, who has strong authoritarian tendencies, who neither understands nor respects our constitution and who is prepared to undermine American democracy in order to stay in power.
With less than 6 weeks left to go in this campaign it is my fervent hope that all Americans — Democrats, Republicans, independents, progressives, moderates, conservatives — come together to defend American democracy, our constitution and the rule of law. We must ensure, in this unprecedented moment in American history that this is an election that is free and fair, an election in which voters are not intimidated, an election in which all votes are counted and an election in which the loser accepts the results.
This is not just an election between Donald Trump and Joe Biden. This is an election between Donald Trump and democracy – and democracy must win.
The United States is the oldest continuous democracy in the modern world. We held elections in the middle of a Civil War in 1864. We held free and fair elections during World War I, during the Great Depression, and during World War II. After all of those elections, held in extremely difficult circumstances, the loser acknowledged defeat and the winner was inaugurated and took office. That is what America is all about. That’s what democracy is all about.
But today, under Donald Trump, we have a president who has little respect for our constitution or the rule of law. Today, that peaceful transition of power, the bedrock of American democracy, is being threatened like never before.
I am not in the habit of quoting former President Ronald Reagan, but I think something that he said in his first inaugural address makes the point about how important — how precious — is this part of our heritage. I quote: “The orderly transfer of authority as called for in the Constitution routinely takes place as it has for almost two centuries and few of us stop to think how unique we really are. In the eyes of many in the world, this every 4-year ceremony we accept as normal is nothing less than a miracle.” Unquote.
Protecting this “orderly transfer of authority” as President Reagan characterized it, this miracle, is absolutely essential if we together — all of us, Republicans, Democrats, Independents — want to keep faith with the American ideals we hold so dear and with the sacrifices that so many made in order to protect our democracy.
And in that regard I think it is terribly important that we actually listen to, and take seriously, what Donald Trump is saying.
Several weeks ago, speaking at the Republican National Convention, Trump said, and I quote, “The only way they can take this election away from us is if this is a rigged election.” What is remarkable about that statement is that he made it at a time when almost every national poll had him behind and when he was trailing in polls in most battleground states.
Think about what that statement means. What he is saying is that if he wins the election, that’s great. But if he loses, it’s rigged, because the only way, the only way, he can lose is if it’s rigged. And if it’s rigged, then he is not leaving office. Heads I win. Tails you lose. In other words, in Trump’s mind, there is no conceivable way that he should leave office.
And just last night Donald Trump went even further down the path of authoritarianism by being the first president in the history of this country to refuse to commit to a peaceful transition of power if he loses the election.
When asked by a reporter in the White House briefing room: “Win, lose or draw in this election, will you commit here today for a peaceful transferal of power after the election?” Trump responded:
“We’re going to have to see what happens. You know that I’ve been complaining very strongly about the ballots, and the ballots are a disaster. We want to get rid of the ballots and you’ll have a very peaceful — there won’t be a transfer, frankly. There will be a continuation.”
That’s not his choice. That’s for the American people to determine. Let us be very clear. There is nothing in our constitution or in our laws that give Donald Trump the privilege of deciding whether or not he will step aside if he loses. In the United States the president does not determine who can or cannot vote and what ballots will be counted. That may be what his friend Putin does in Russia. It may be what is done in other authoritarian countries. But it is not and will not be done in America. This is a democracy.
I do understand that Donald Trump is a billionaire, or so he says. I do understand that he was born to a very wealthy family and, from his earliest days, was able to get anything he wanted because his family was rich and his family was powerful. I do understand that when you’re rich and you’re powerful you don’t have to pay taxes like ordinary people and that it’s easy for you to avoid the military draft. I do understand that when you’re rich and you’re powerful you can buy politicians and get hundreds of millions of dollars in corporate welfare for your real estate empire.
But this I also understand. No matter how rich and powerful you may be, no matter how arrogant and narcissistic you may be, no matter how much you think you can get anything you want, let me make this clear to Donald Trump: Too many people have fought and died to defend American democracy. You are not going to destroy it. The American people will not allow that to happen.
Despite all of the evidence, Trump continues to be obsessed with the belief that there is massive voter fraud in this country.
In 2017, after he won the presidency, Trump insisted that he would have won the popular vote, which he lost by 3 million votes, if, quote “millions of illegal votes had not been cast.” There is absolutely no evidence of that being true. In fact, it is totally preposterous to believe that millions of votes, or any significant number of votes at all, were cast illegally. This is an assertion supported by no one. Not Democratic officials. Not Republican officials. No one. And yet that is what Trump said after he won.
There have been numerous studies done on the issue of voter fraud in our country. They have all concluded essentially the same thing. Voter fraud in the United States of America is extremely rare.
An article in the New York Times from December 18, 2016 stated: “In an election in which more than 137.7 million Americans cast ballots, election and law enforcement officials in 26 states and the District of Columbia — Democratic-leaning, Republican-leaning and in-between — said that so far they knew of no credible allegations of fraudulent voting. Officials in another eight states said they knew of only one allegation … In Georgia, where more than 4.1 million ballots were cast, officials said they had opened 25 inquiries into “suspicious voting or election-related activity.” But inquiries to all 50 states (every one but Kansas responded) found no states that reported indications of widespread fraud.”
A report by the Brennan Center for Justice reviewed elections that had been meticulously studied for voter fraud, and found incident rates between 0.0003 percent and 0.0025 percent. The report concluded that it is more likely that an American, quote, “will be struck by lightning than that he will impersonate another voter at the polls,” unquote.
Even the conservative Heritage Foundation, which maintains a database on election fraud, could only find 143 criminal convictions of mail in voter fraud out of 250 million mail-in votes cast over the past 20 years, a rate of 0.00006%.
But you don’t have to trust me on this issue. Benjamin Ginsburg, one of the leading Republican experts on elections, a man who served as national counsel to the Bush-Cheney presidential campaign, a man who played a major role for the Republican Party in the 2000 Florida recount, and who co-chaired the bipartisan 2013 Presidential Commission on Election Administration, recently wrote in the Washington Post, and I quote, “The truth is that after decades of looking for illegal voting, there’s no proof of widespread fraud. At most, there are isolated incidents — by both Democrats and Republicans. Elections are not rigged,” unquote.
Let me repeat from one of the Republican Party’s leading experts on elections: “The truth is that after decades of looking for illegal voting, there’s no proof of widespread fraud. At most, there are isolated incidents — by both Democrats and Republicans. Elections are not rigged.”
And if even the statement of Mr. Ginsburg is not good enough for you, here is what the Trump administration’s own voting integrity commission reported. According to an analysis of administration documents by the Associated Press, Trump’s commission uncovered, quote “no evidence to support claims of widespread voter fraud,” unquote, and disbanded in 2018.
Even Senate Majority Leader Mitch McConnell tamped down concerns about mail-in ballots last month, saying, and I quote, “Many parts of our country vote by mail. Oregon, Washington and Colorado have voted by mail for years.”
And yet we have a president who calls mail in ballots “a hoax” and “a scam.”
Trump’s strategy to delegitimize this election and to stay in office if he loses is not complicated. Finding himself behind in many polls, he is attempting massive voter suppression. He and his Republican colleagues are doing everything they can to make it harder and harder for people to vote. In addition, he is sowing the seeds of chaos, confusion and conspiracy theories by casting doubt on the integrity of this election and, if he loses, justifying why he should remain in office.
In an interview with Chris Wallace on Fox News, Trump refused to say that he would leave office if he lost. Asked to give a direct answer on whether he would accept the election results, Trump refused. He said, quote, “I have to see. No, I’m not going to just say yes. I’m not going to say no, and I didn’t last time either.” Pretty much what he said yesterday.
In the middle of a pandemic Trump made clear that he wants to defund the Postal Service in order to limit the use of mail in ballots.In an interview on August 13, discussing a possible deal for a relief package that would have funded the post office, Trump let the cat out of the bag by admitting that, quote “If we don’t make a deal, that means they don’t get the money. That means they can’t have universal mail-in voting; they just can’t have it.”
In other words, what Trump is saying to tens of millions of Americans is that at a time when over 200,000 people have already died from the coronavirus, you have a choice: You can either risk your health or even your life by walking into a voting booth or you can’t vote. How disgusting is that?
Amazingly, at the very same time Trump is making completely baseless allegations about voter fraud, last month he urged his supporters in North Carolina to try voting twice, which is a felony.
In order to advance his plan for mass voter suppression, the Trump campaign filed a lawsuit in Nevada, which fortunately was dismissed, challenging the state’s mail-in voting laws.
In July, Trump used false claims of voter fraud to propose delaying this year’s election, which he does not have the power to do. This was so outrageous that Steven Calabresi, the co-founder of the conservative Federalist Society, wrote that it was, quote “grounds for the president’s immediate impeachment again by the House of Representatives and his removal from office by the Senate,” unquote.
Last week, Trump told his supporters at a rally in Nevada that he, quote, “was entitled” to serve a third term, which is obviously a violation of the Constitution’s 22nd Amendment.
On Saturday, Trump suggested to his supporters in North Carolina that he might sign an executive order to prevent Joe Biden from becoming president.
Trump has also urged his supporters to become, quote, “poll watchers,” but what he is really saying is he wants his supporters, some of whom are members of armed militias, to intimidate voters. We’re already seeing this in Virginia, where early voters were confronted by Trump supporters, and election officials in Fairfax County said that some voters and polling staff felt intimidated.
On and on it goes. Every day, over and over again, Trump is making it harder for the American people to participate in the political process and is attempting to delegitimize the outcome of this election so that if he loses he can remain in office.
The concerns that I am raising today are not just mine alone, and are not just concerns shared by progressives and Democrats.
Miles Taylor, a lifelong Republican who previously served as chief of staff inside the Trump administration’s Department of Homeland Security, warned that there is nothing that Trump will not do or say to defeat Biden.
“Put nothing past Donald Trump,” Taylor told The Associated Press. “He will do anything to win. If that means climbing over other people, climbing over his own people, or climbing over U.S. law, he will do it. People are right to be concerned.”
Well, I agree with Mr. Taylor. I am concerned. I am very concerned.
Last week, my former Senate colleague Dan Coats, Trump’s own former Director of National Intelligence, published a piece in the New York Times calling for a high-level bipartisan and nonpartisan commission to oversee the election to reassure all Americans that it has been carried out fairly. Coats wrote, quote, “The most urgent task American leaders face is to ensure that the election’s results are accepted as legitimate. Electoral legitimacy is the essential linchpin of our entire political culture. We should see the challenge clearly in advance and take immediate action to respond.”
I couldn’t agree more. I strongly second Director Coats’ call for this election commission.
Last week as well, Democratic Minority Leader Chuck Schumer and I sent a letter to Senator McConnell urging him to hold hearings on the issue of election and post-election security. Senator Schumer and I stated, “We would like to hear from the most knowledgeable people in the country as to how we can do everything possible to make sure that the election and the period afterward is secure and peaceful.”
Majority Leader McConnell: Please respond to that letter. Please establish that bi-partisan committee.
And today I call on every elected official in America whether they be Republican, Democrat or Independent to vigorously oppose voter suppression and voter intimidation, to make sure that every vote is counted, and that no one is declared the winner until those votes are counted.
And to my Republican colleagues in the Congress please do not continue to tell the American people how much you love America if, at this critical moment, you are not prepared to stand up to defend American democracy and our way of life. Stop the hypocrisy.
With or without Donald Trump this election is unique in American history because it’s taking place during a pandemic and a public health crisis.
As a result, states all over America are taking the appropriate steps to ensure more Americans can safely vote by mail in their own homes instead of risking their health or their lives to vote in person.
The result is that this election will see, by far, the largest number of mail in ballots ever.
And let’s be clear. Despite what Donald Trump says, voting by mail is not a new or dangerous idea. Colorado, Hawaii, Oregon, Washington and Utah conduct their elections almost entirely by mail. California, Nevada, New Jersey, the District of Columbia and my state of Vermont have pledged to mail ballots to all registered voters for the upcoming election. And many other states are making it easier to vote by mail. Trump himself, as well as members of his administration, have repeatedly voted by mail. Members of the U.S. military have regularly voted by mail since the 1800s.
Given the significant increase in mail in ballots why, you might ask, are Trump and his allies trying to attack the integrity of our vote by mail system?
The answer is simple. A number of studies have shown that for, whatever reasons, Republicans are more likely to vote in person while Democrats are more likely to use mail in ballots.
In fact, one poll found that only about a quarter of Biden supporters would vote in person on Election Day while some two thirds of Trump voters planned to vote in person.
In other words, if Trump can undermine people’s confidence in the validity of votes cast by mail, he will be calling into question the validity of votes that may overwhelmingly support Joe Biden.
Let us consider the following scenario:
On election night, Trump is ahead in many battleground states based on the votes of those who voted in person on election day. All across the television screens people see Trump ahead before they turn in for the night. But as more and more mail in ballots are counted, Trump’s lead falls. Trump then announces, with no proof, that there has been massive mail in ballot fraud and that these votes should not be counted – and that he has won the election.
In other words, Trump may well announce that he has won the election before all of the votes are counted and that large numbers of mail in ballots should be discarded.
Furthermore, in states where Republicans control the legislature, it is possible that the election results will be ignored because of false accusations of voter fraud and that the legislature itself will use its power to appoint electors pledged to vote for Trump, overriding the will of the people.
And, in the midst of all of this, with the death of Justice Ginsburg, Trump is attempting to push through a Supreme Court Justice who may very well cast a vote in a case that will determine the outcome of this election. He is doing that at a time when early voting has already begun and millions of ballots will have already been cast.
In this unprecedented moment what can we as a people do in the struggle to preserve American democracy?
First, it is absolutely imperative that we have, by far, the largest voter turnout in American history and that people vote as early as possible.
As someone who is strongly supporting Joe Biden, let’s be clear: A landslide victory for Biden will make it virtually impossible for Trump to deny the results and is our best means for defending democracy.
Second, with the pandemic and a massive increase in mail in voting, state legislatures must take immediate action now to allow mail in votes to be counted before Election Day – as they come in.
In fact, 32 states allow for the counting or processing of absentee ballots – verifying signatures for example – before Election Day. All states should do the same. The faster all ballots are counted, the less window there is for chaos and conspiracy theories.
Third, the news media needs to prepare the American people to understand there is no longer a single election day and that it is very possible that we may not know the results on November 3rd.
Fourth, social media companies must finally get their act together and stop people from using their tools to spread disinformation and to threaten and harass election officials.
Fifth, in the Congress and in state legislatures hearings must be held as soon as possible to explain to the public how the election day process and the days that follow will be handled. As we count every vote, and prevent voter intimidation everything possible must be done to prevent chaos, disinformation, and even violence.
Lastly, and most importantly, the American people, no matter what their political persuasion, must make it clear that American democracy will not be destroyed. Our country from its inception and through the sacrifices of millions has been a model to the world with regard to representative government. In 1863, in the midst of the terrible Civil War, Abraham Lincoln at Gettysburg stated that this government “of the people, by the people, for the people shall not perish from the earth.”
That was true then. That is true today. Regardless of what Donald Trump wants the American people will preserve democracy in our country.
