Tennessee’s GOP-led House expelled two Democratic members, Reps. Justin Jones and Justin Pearson, following their participation in a gun control demonstration after the Nashville school shooting. The extraordinary measure has only been used a handful of times since the Civil War. The removal of the representatives raises major concerns about the effects of unchecked partisanship, and the ability and growing willingness of legislative supermajorities to ignore democratic norms. Meanwhile, the country experienced a historic moment as former President Donald Trump peacefully surrendered for his arraignment. Though New York City braced for potential unrest, there were no widespread protests or violence. Trump’s indictment marked the first time a sitting or former U.S. president has faced criminal charges, drawing widespread media attention. Simultaneously, Trump continues to face other legal challenges, particularly in Georgia. Fulton County District Attorney Fani T. Willis is expected to announce her decision soon on whether to file charges related to Trump and his allies’ alleged attempts to overturn the state’s 2020 election results.
Here’s what you need to know for the weekend:
Main Points for the Weekend:
1. Expulsion of Two Democratic Lawmakers in Tennessee Sparks Outrage and Sets a Troubling Precedent
In a rare and wildly controversial move, Tennessee’s Republican-led House of Representatives expelled two Democratic members, Reps. Justin Jones and Justin Pearson, over their participation in gun control demonstrations on the chamber floor. A third Democratic representative, Gloria Johnson, was spared. The expulsions required a two-thirds majority vote. Protests, and outrage on social media, ensued in support of the expelled representatives. Critics are arguing that the constituents of Jones and Pearson have been disenfranchised, and that this undermining of the democratic process was racially motivated, vindictive, and oppressive.
- Top point to make: The removal of the two Democratic representatives in Tennessee represents a blatant attack on the norms of the democratic process. Our legislative bodies are designed to remove members only for major violations, and engaging in the time-honored American tradition of protesting should not qualify as such. Resorting to such an unusual and dramatic tactic in this situation appears arbitrary and is likely to erode public confidence in our institutions. This expulsion of representatives also leaves their constituents without representation, further undermining the principles of democracy that our nation is built upon.
- If you read one thing: Politico, 4/6/23: The Tennessee Expulsion Is a Glimpse of the Future. Tennessee Republicans really went there. Despite the outcry, the GOP-controlled state legislature expelled two Democrats Thursday for engaging in a boisterous protest against gun violence. But the key lesson out of Nashville is not what did or did not happen in the chamber; it’s another reminder of what it means for a legislature to gain a “supermajority” enabling it not only to dominate legislative matters, but to deploy overwhelming power more broadly, even over the other branches of government.
2. NYC Bolsters Security as Trump Surrenders Peacefully: No Capitol Riot Redux During Historic Arraignment of Former President
As New York City braced for the historic moment when former President Donald Trump was set to surrender to authorities for his arraignment, heightened security measures were put in place to prevent violence. Authorities were wary after Trump called for supporters to “take our country back” upon learning of his impending indictment and warned of “death and destruction.” Despite initial concerns and the possibility of a repeat of the Capitol riot, the city experienced minimal demonstrations, and no significant incidents occurred. Trump’s indictment, marking the first time a sitting or former U.S. president has faced criminal charges, garnered enormous media attention, but little of the unrest that police feared.
- Top point to make: The absence of violence and major unrest during Trump’s surrender in New York City is a positive indication of the strength and resilience of our democratic institutions. In stark contrast to the events of January 6th, the peaceful nature of this occasion demonstrates that the rule of law remains paramount in the United States. The orderly proceedings in Manhattan serve as a reminder that our democracy is built on the foundation of justice, and we must let the system take its course to ensure the preservation of our core values.
- If you read one thing: New York Times, 4/4/23: Trump’s calls to protest fall on weary, wary ears. In Lower Manhattan on Tuesday morning, near the courthouse where Donald J. Trump was to be arraigned, Dion Cini, a Trump merchandise entrepreneur from Brooklyn and frequent presence at Trump rallies, waved an enormous flag that read TRUMP OR DEATH. “We’re living in history right now,” he told a scrum of mostly European reporters. But the crowd — for a demonstration convened by the New York Young Republican Club, where Representative Marjorie Taylor Greene would soon speak — was overwhelmingly made up of journalists. Trump supporters were so outnumbered that anyone in Make America Great Again attire was quickly swarmed by cameras.
3. Trump Faces Legal Battles on Multiple Fronts: Georgia Prepares to Address 2020 Election Interference Allegations
While the nation’s attention is drawn to former President Trump’s indictment in New York, Georgia is gearing up to address his alleged attempts to subvert democracy during the 2020 election. Fulton County District Attorney Fani T. Willis is expected to announce in the coming weeks whether she will file charges related to Trump and his allies’ efforts to overturn Georgia’s election results. As Trump fights charges in New York, he has called the Fulton County investigation a “fake case” and labeled DA Willis a “racist.” Despite his accusations, Willis remains undeterred, dismissing Trump’s comments as “ridiculous” and continuing her investigation.
- Top point to make: The allegations surrounding Trump’s attempt to subvert a legal democratic election in 2020 are of utmost gravity, as they strike at the very heart of our democratic system. The principle that no one is above the law is a cornerstone of our nation, and it is vital that we allow authorities to conduct a thorough and impartial investigation without interference. Trump’s rhetoric against the District Attorney is not only inappropriate but also counterproductive to the pursuit of justice and accountability.
- If you read one thing: Washington Post, 4/5/23: Trump’s legal drama could soon continue in Georgia. Donald Trump’s appearance in a Manhattan courtroom Tuesday marked a historic moment in American history — the first time a former or sitting U.S. president has been indicted on criminal charges. But Trump’s legal peril is far from over among those closely watching the proceedings were state and local officials in Georgia, where Fulton County District Attorney Fani T. Willis (D) is expected to announce in coming weeks whether she will file charges in connection to efforts by Trump and his allies to overturn the state’s 2020 presidential election results.
Expert Voices
Heather Cox Richardson, American historian: “Republicans in the Tennessee legislature could act as they did because they have a supermajority thanks to their redistricting of the state after the 2020 census. In that redistricting they cracked Democratic-leaning Nashville, dividing it among three districts in which they overwhelmed Democratic voters with Republicans from the suburbs. A new state law has now required Nashville to cut its city council in half. Meanwhile, laws prohibiting people with a past felony conviction from voting cut more than 470,000 people from the voter rolls. This lock on power has given Tennessee Republicans the ability to do as they please. [Yesterday] it pleased them to expel two young Black legislators who were trying to force the Republicans to do something about the epidemic of gun violence that is killing their constituents. The Supreme Court, Congress, and the Tennessee statehouse. What would you say if you saw today’s news coming from another country?” Letters from an American
Norm Eisen, special counsel to the House Judiciary Committee during the first impeachment proceedings and trial of Trump (CNN Video): “The Speech & Debate clause might cover Pence for ⅙[.] But Trump doesn’t have the same protection[.] He has no real way to block Pence’s testimony[.] I explained @biannagolodryga @EricaRHill @CNN” Tweet
Marc Elias, founder of Democracy Docket: “While the New York Times, NPR and MSNBC described Trump’s indictment as a “test” for our democracy, I came to realize that it is the culmination of repeated “insults” to our democracy. The problem with the word “test” is that it suggests a singular event — the first indictment and trial of a former U.S. president. However, the behavior that led our country to this moment was not one event. It was the constant, day-in and day-out insults to our democracy. The other problem with the word “test” is it suggests that it is something we can pass or fail. The insults from Trump and his allies have subjected democracy to accumulated damage that is not nearly so binary… While headlines and pundits focused on Trump’s criminal charges, GOP state lawmakers continued their regular cadence of insults aimed at our voting systems.” Democracy Docket
Laurence Tribe, professor emeritus at Harvard Law School: “‘It’s the failure to indict Mr. Trump simply because he was once the president that would say we were well on the way to becoming a banana republic,’ said Laurence Tribe, a Harvard University legal scholar who taught Barack Obama and advised his presidential campaign and administration. ‘Those who fear that indicting a former president would say that U.S. democracy is in trouble have it exactly backwards and upside-down.’” The Washington Post
