Contrarians, thanks to your paid subscriptions, our democracy litigation has met Donald Trump’s and his enablers’ authoritarian flood the zone strategy with rule of law shock and awe since Jan. 20. We now have over 150 cases and legal matters!
That was on full display this week in three important cases: our opposition to the apparently baseless indictment of former FBI director James Comey, our pushback on Disney’s illegitimate benching of Jimmy Kimmel, and our representation of wrongly terminated Washington Post columnist Karen Attiah.
The prosecution of Comey has all the hallmarks of political retribution. The claims have already been subjected to multiple reviews, and there was insufficient evidence to suggest that Comey lied in his 2017 or 2020 testimony to Congress. Yet, Trump forced out prosecutors who refused to bring charges and installed a loyalist who obliged.
The case rests on recycled allegations with no credible basis. At its core, it’s not about law or evidence, it’s about punishing a critic. You should not charge a person who is innocent! That is the most fundamental rule of prosecutorial ethics.
But we didn’t just make a big noise about that. We did something about it. On Friday, my litigation colleagues and I filed bipartisan complaints requesting an investigation by the Justice Department inspector general, by Congress, and by other authorities of possible ethics violations by interim U.S. Attorney Lindsey Halligan. She is the crony installed by Trump who reportedly presented the case to the grand jury herself. We will have much more to say and to do as the case unfolds. As the former ethics czar of the Obama administration, I stand ready to pursue all applicable legal remedies in support of Comey and the Constitution–and, with your support, I will!
Then there is the Kimmel case. We were among the many who spoke out vigorously against the suspension of Kimmel. The outcry was immediate and massive—including boycotts and grassroot mobilizations—all of which shaved roughly $5 billion off Disney’s market value. It takes a village to save democracy, and together we helped secure one of this week’s major wins: Kimmel’s return to the air.
Though we should savor that victory, it was not complete at first. Roughly a quarter of ABC affiliates, those controlled by Sinclair and Nexstar, initially refused to return his show to their air.
That’s where we, with your support, swung into action. Alongside our partners, we invoked powerful shareholder remedies under Delaware law and sent Disney a formal demand to inspect its internal books and records. The letter, sent on behalf of the American Federation of Teachers, AFL-CIO and Reporters Without Borders represented by me, Robbie Kaplan, and Chris Clark, puts Disney’s board on notice. Shareholders have a right to know if executives caved to political threats, traded free speech for affiliate leverage, or let merger politics drive programming decisions.
And as we made clear, if the paper trail shows breaches of fiduciary duty, further remedies–including shareholder derivative actions–are very much on the table. By the end of the week, both Sinclair and Nexstar relented and announced they would return Kimmel to the air on their stations. But helping restore Kimmel was just round one; now comes accountability. Stay tuned.
Our First Amendment work didn’t stop there. We also made a legal move on behalf of Karen Attiah, the award-winning journalist and former Washington Post columnist who was abruptly and wrongfully terminated. Attiah’s alleged “misconduct” was simply doing the job she was hired to do: speaking candidly and truthfully about political violence in America. In fact, her comments condemned violence outright while offering context grounded in evidence and history.
We sent a letter to the Post that underscored that firing an opinion writer for expressing well-supported views isn’t just a bad judgment call, it’s also a violation of law, contract, and conscience. The story and the formal union grievance process we are supporting has already drawn national media attention, with Attiah sharing her story publicly, highlighting what her firing says about press freedom in this political climate.
As we made clear in our demand, if the Post doesn’t course correct, adequate legal remedies will be pursued. Not just for Attiah’s sake, but also to defend the principle that journalists in this country should be able to call out violence and hypocrisy without fear of political vengeance.
Still, the Post’s actions leave serious unanswered questions: Why fire a prominent Black woman opinion writer for doing precisely what she is applauded for doing? And why would a paper that prides itself on defending free expression retreat when that principle is most urgently at stake?
Taken together, all of this signifies an even larger concern: Trump has cultivated an atmosphere of retribution that is so profound that it almost doesn’t matter whether he or someone in his administration directly told ABC or the Post to cave. The pressure is ambient, the intimidation is deliberate, and the chilling effect will be undeniable.
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It’s the most unique bargain in American media. You get to read about the problems in our democracy but you also get to help solve them. We can’t save our nation without both, and this week’s recap of our coverage proves it….
Constitutional Crisis
What separates the U.S. from Russia now? Andrew Weissmann on the James Comey indictment
Andrew Weissmann, former lead prosecutor for Special Counsel Robert Mueller, sat down with Jen Rubin to discuss the indictment against former FBI Director James Comey and the administration’s wider attack against the American justice system. “We really did cross a red line.”
Trump’s direct attack on free speech
Erwin Chemerinsky reported on Trump’s pattern of baseless censorship lawsuits against media companies, progressive organizations, and universities, all of which threaten the very core of First Amendment protections. We also had great pieces from Austin Sarat on how Trump has upped the ante in the wake of Charlie Kirk’s death and Kim Wehle on the particular concern of censorship by compliance.
Trump is Wielding “Religious Liberty” As A Weapon
Rev. Paul Brandeis Raushenbush of the Interfaith Alliance gave us a stirring essay on the power of moral courage in the presence of authoritarianism and how religious Americans must push back against the political weaponization of faith. “Trump does not care about religious liberty for all Americans. He cares only about the liberty of his own Christian nationalist allies to impose their beliefs on others, and to use those beliefs to discriminate against a wide range of vulnerable communities.”
Trump has crossed the reddest line
Mimi Rocah wrote on U.S. attorney Erik Siebert’s resignation under extreme duress and examined Trump’s reliance on Attorney General Pam Bondi to expedite his despotic plans to hire loyalists across government. “If a president can use the power of the Justice Department for his political and personal ends, no one is safe.”
A shutdown would be Trump’s latest democracy disaster
Max Stier analyzed how Trump could spin the chaos of a looming shutdown into yet another executive power grab, giving his budget director, Russell Vought, unprecedented latitude to determine which services, programs, and employees can be sidelined. “This is a critical turning point for democracy.”
Revealing Racism
What you see if you look long enough
Shalise Manza Young shared the indelible story of Peter, a man who escaped enslavement and sat for a photo known as “Scourged Back,” displaying the scars of his stolen life and America’s greatest shame. As the Trump regime seeks to suppress Peter’s image and other documentation of slavery, Young asks us to look at “the thing they don’t want you to see: his humanity.”
What Kirk actually said matters
Tom Joscelyn and Susan Corke unpacked the administration’s and conservative media’s disturbing attempts to whitewash Charlie Kirk’s racist rhetoric in the wake of his death—an exercise in gaslighting that has only served to further belittle and harass qualified Black women.
Zerlina Maxwell wrote on reckoning with the burden of being a Black American in new ways as she felt that burden lighten for the first time—by making the difficult decision to leave. “There’s a psychological safety I feel in Palermo that I have never experienced in my entire life.”
The war against late-night hosts highlights the uneven privilege of free speech
Carron J. Phillips reminded us that for those who aren’t rich white men, punishment for speaking out is nothing new. “I’m glad Kimmel and his team got their jobs back. However, I would be even happier if we lived in a country where the First Amendment protected all rather than merely some.” See also Shalise Manza Young on Josh Johnson’s appointment-viewing comedy and Meredith Blake on the long history of (authoritarian) politicians not being able to take a joke.
Resistance Requires Community
Trump and his regime are not invulnerable
Tom Malinowski explained why, despite the administration’s taunts from a place seemingly above the law, Democrats have power to hold them accountable—if they act now, and act together. “Trump’s weakness? A united opposition.”
Offsides with Pablo Torre: The glue of sports
In this week’s edition of Offsides, Pablo Torre joined Jen Rubin to discuss the enduring role sports play in our shared cultural fabric. “We need places, frankly, where we can sit next to each other in a football stadium [even if] we don’t vote the same way.”
The Importance of Engaging in Earnest
Roberto Valadéz wrote on how our algorithms isolate and polarize us, and how the only way to break through our information siloes is to have new conversations IRL—ones long on curiosity and empathy and short on “prove me wrong” debate.
Even if protests don’t hit 3.5%, the resistance can topple Trump
Jen explained the 3.5% rule of collective resistance, a benchmark for successful nonviolent action against authoritarian regimes. Even without hitting it (though no harm in trying) we can prove that we are not powerless against Trump’s tyranny. This is “an all-hands-on-deck moment.”
The Tea w/ April LIVE with Congressional Black Caucus Members
Catch up on the livestream from this week’s The Tea with April Ryan! She was on the ground at Congressional Black Caucus Week, joined by several caucus members to chat about the potential government shutdown, immigration, health care, funding for HBCUs, redistricting, and more.
Cartoons & Fun Stuff
This week our cartoonists took on Trump’s latest strides in censorship (Cancel Culture Queen, RJ Matson), disinformation (‘Extraordinary claims require extraordinary evidence.’*, Michael de Adder; Eyes on the prize, Nick Anderson), and good old-fashioned incoherent ranting on the global stage (‘There’s never been anything like that’, Matson).
The New Year’s Resolution Chocolate Chip Cookie
Marissa Rothkopf gave us the New Year’s Resolution Chocolate Chip Cookie, a gooey, tender treat to melt hearts and calm minds just in time for Rosh Hashanah and back-to-school.
And last but never least, our pet of the week! Contrarian Ciara Griffin has been fostering Janice, a two-year-old retriever mix whose accolades include “champion cuddlebug” and the “most chill and adaptable dog we’ve ever met,” per her fosters. If you’re in the D.C. area and in the market for a furry friend (or know someone who is), she’s available!
There you have it, Contrarians—another incredible week of content. Please join us at 9:15 a.m. ET on Monday for Coffee with the Contrarians. Until then, have a great weekend. Warmly, Norm
You guys are the bomb. Putting our money where your mouth is! I can't think of anyone else who can combine solid information, humor, and direct resistance action the way you do. Hats off and keep it up!!
I applaud you for invoking Delaware shareholder remedies against Disney. Remedies at law or equity whenever and wherever applicable must be pursued. Great lawyering.