Happy New Year, friends!
I just returned from a few days in Rome, where I was reminded of the incredible youth of American democracy, and the fragility — and egotism — of countries that achieve the status of a world power.
The Roman Republic lasted from 509 to 27 BCE. Prior to 509 BC, Rome was a monarchy, which was marked by benevolent kings until a tyrant came to power. The Roman Republic replaced the monarchy with elected magistrates. The government included a Senate, which served both the magistrates and the Roman people. In theory, the people were sovereign and the Senate only offered advice, but in practice the members of the Senate wielded enormous power because of their social status.
The history is vast and complex, and I cannot even begin to pretend to understand any of it. But standing in the place where the Senate met, before the birth of Christ, was humbling.
Ultimately, unrest and civil war led to the demise of the Republic and the transition to the Roman Empire. Julius Caesar, who was assassinated in 44 BC, ruled as a dictator. Augustus was crowned the first emperor in 44 BC. Many other emperors followed, with Rome at times becoming a military monarchy. The Roman Empire was vast, and included territory in Europe, North Africa, and Western Asia. Rome fell in 476 AD, when the German chieftain Odoacer deposed the last Roman emperor, Romulus Augustulus, marking the beginning of the Middle Ages.
Today, America also stands on the cusp of dictatorship, with one party no longer holding up the pretense of protecting the power of the people, instead backing a candidate who has called for termination of the U.S. Constitution.
If it could happen to the Roman Republic, which stretched for nearly 500 years — and after that, to the Roman Empire — it could certainly happen to the United States.
People often ask me what any one individual can do about this very serious threat. Step one is to educate yourself about civics and the basic law. Step two is to share that information with someone else. Helping you do that is why I write this newsletter.
I could take this opportunity to revisit the legal highlights of 2023, but frankly there are too many to list. I wrote extensively for The Atlantic, The Bulwark, and Politico, and published with The Guardian and Newsweek on all of it — predicting as far back as 2022 some of what has consumed the news of late, including invocation of Section 3 of the 14th Amendment and Trump’s claim of absolute immunity from prosecution because the crimes he allegedly committed occurred while he was president.
The Supreme Court gutted affirmative action and rejected President Biden’s student debt relief plan. Former President Donald J. Trump was indicted not just once, but four times. He was also banned from the primary ballots in Colorado and Maine. Hunter Biden’s plea deal fell apart and he was indicted on much more serious charges — in two jurisdictions. Kevin McCarthy was elected House Speaker after 15 rounds of voting and was ousted only 9 months later, only to be replaced by Mike Johnson, who represents an unmistakable movement to push America towards a Christian theocracy.
For refreshers on what you need to know, my Atlantic and Bulwark columns can be found here and here.
There is much more to come in 2024, with questions that include whether Trump will go to trial before the November election, whether he will pull out a self-pardon issued during his term, whether he will be convicted in any of the four pending criminal cases he’s currently facing, and whether five members of the Supreme Court will effectively vote to sway the election given the opportunity to do so.
Back before Alvin Bragg’s grand jury indicted Trump for the first time in Manhattan, most people considered such an event unthinkable. Today, many cannot imagine a conviction of a prior president, let alone a jail sentence that is served. I believe that it’s naive to dismiss any of it — including a Trump dictatorship — as impossible.
Democracy is not our birthright any more than it was the birthright of the Roman people to enjoy a republic forever.
I, for one, am hopeful and optimistic that our better angels will ensure that democracy endures. I have zero idea how it will all play out, but I do know that I will continue to do my best to keep you all educated and informed of the legal nuances along the way.
Thanks so much to all of you for supporting my work and following this newsletter. Blessings to you, your friends, and your families.
Follow the facts,
KW
Education is key to protecting democracy.
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