More than 25 years ago, Lois Curtis called a lawyer with the Atlanta Legal Aid Society from a pay phone in a hospital hallway. She had an intellectual disability and wanted help to get out of the state hospitals where she had lived for most of her life. Instead of spending her days heavily sedated and shuffling between the day room and the place where she slept, she wanted to be in her own apartment, to make her own decisions about what to do with her days.
“She’d say, ‘Get me out of here. Would you please get me out of here? When am I getting out of here?’” recalled the lawyer, Sue Jamieson, in an oral history for the Atlanta Legal Aid Society.
With representation from the legal aid group, Curtis and her co-plaintiff, fellow Georgia resident Elaine Wilson, brought a challenge to the U.S. Supreme Court, which ruled in their favor in 1999. In Olmstead v. L.C., which stands for Lois Curtis, the majority held that the 1990 Americans with Disabilities Act guarantees that people with disabilities have a right to live outside the walls of asylums, state hospitals and nursing homes.
More than two decades later, that right is under threat. In June, President Donald Trump’s Department of Justice published a memo stating that the federal government has no obligation to enforce Olmstead. In August, the DOJ began withdrawing from cases where it had previously been defending people with disabilities (and their families) who wanted to receive care in their own homes.
I suppose a Richard Nixon revival was inevitable. After all, the 37th president was the modern model of the corrupt, abusive presidency that is currently being perfected by Donald Trump and his corrupt administration. In fact, much of the legal theory of the unitary executive under which the current administration operates sprang from the bowels of right-wing think tanks smarting from Nixon’s fall from grace.
Many of the norms, rules and laws that governed the executive branch until Trump and his loyalists systematically threw them in the White House dumpster originated in the aftermath of Watergate, so reimagining Nixon as the first victim of the so-called deep state serves as a perfect rationale for what is happening today. For conservatives, the long-awaited historical payback has finally come.
In July, the Wall Street Journal reported that Nixon is suddenly all the rage among young conservatives who are “Nixonmaxxing” all over social media and sporting merch with sayings like “Nixon now, more than ever” and “Pretty girls for Nixon.” One young fan mused, “Is Nixon pulling off the greatest posthumous political comeback in history?”
Maybe so. This new interest among the Gen Z crowd is actually a well-designed public relations campaign by The Nixon Foundation, which used social media in 2018 to celebrate the 50th anniversary of his presidency. Short-form videos featuring Nixon saying “I am not a crook” over gangster rap, along with clips from “Mad Men” showing Jon Hamm-as-Don Draper saying, “Kennedy, I see a silver spoon, Nixon, I see myself,” went viral.
But the fandom is more than just vibes. Podcasters like Joe Rogan and Tucker Carlson have both recently called Watergate a setup, never mind the evidence or admissions by Nixon’s accomplices like H.R. Haldeman in his diary. Even Vice President JD Vance is in on the act, comparing himself to Nixon in June during an event to promote his memoir at the Richard Nixon Presidential Library and Museum: “Young senator, vice president, writes some bestselling books, is hated by the media.” (He’s not wrong.)
“I’ve always liked Richard Nixon,” Vance said, calling him a political genius. The vice president praised Nixon’s foreign policy acumen, giving him props for the opening of China and the Vietnam peace process, while conveniently leaving out the part about bombing Cambodia. Vance also denigrated the Watergate hearings and investigations that eventually brought Nixon down, saying, “If Watergate happened tomorrow, it would be a 12-hour news story. The idea that it would have taken down a presidency is crazy.”
Nixon didn’t have the right-wing media machinery that now excuses Trump’s criminality and spreads conspiracy theories — like the trope that the “deep state” is out to get the president. That alone has managed to keep the MAGA base and Republican officials on board with Trump.
Sadly, he’s probably right. Nixon didn’t have the right-wing media machinery that now excuses Trump’s criminality and spreads conspiracy theories — like the trope that the “deep state” is out to get the president. That alone has managed to keep the MAGA base and Republican officials on board with Trump, which is why he was acquitted in two impeachment trials during his first term. After all, Nixon didn’t resign until he was told that he had lost his base in the Senate and faced certain conviction and removal from office. That wasn’t the case in February 2021, of course, when the Senate refused to convict Trump for “Incitement of Insurrection.”
But there is also evidence that even Nixon had his limits. Yes, he grossly abused the office of the presidency, treating the executive branch like his private fiefdom. He ordered the FBI and the CIA to commit crimes. He bribed, blackmailed and paid off potential witnesses against him. But he didn’t burn the tapes, and he dutifully turned them over when the Supreme Court ordered him to do so. And although there was that infamous “19-minute gap” on one of the tapes that would have sealed his fate, many of the conversations revealed a profane, corrupt president.
But even as Nixon’s overall approval rating sank to 24% during the week before his resignation on Aug. 9, 1974, Republicans — 62% of them — still supported him. These were undoubtedly some of the die-hards who eventually began pushing to roll back the reforms that were enacted in Nixon’s wake.
During a post-presidency with British television presenter David Frost, Nixon famously said, “When the president does it, it’s not illegal.” Those words sounded then — and sound now — like an authoritarian gaffe. But in reality, the idea was based on a very real concept popular among right-wing Republicans, who believed that the president should have unfettered power to enact policies to “protect” the nation.
After that interview, Nixon penned a 2,500-word essay explaining he didn’t believe the president is above the law, but that the nation’s executive must be granted “some faith in his judgment” and given “room for maneuver.”
“His powers are not unlimited,” Nixon wrote. “But neither can be existing law — in a limited way, and at times of special need — and still meet these larger responsibilities.” Apparently, “special need” could be defined as whatever the president says it is, and therein lies the unlimited power.
This notion forms much of the logic of the unitary executive theory that has been growing among thinkers on the right for decades, and with court cases beginning in the early 1980s, the presidency has been granted more and more such power. This, of course, culminated in Trump v. United States, the 2024 Supreme Court ruling that gave the president near total immunity from prosecution for anything done in office. (The president had already been granted immunity from civil liability by the Court in Nixon v. Fitzgerald in 1982.) Now, the idea that presidents are above the law is gaining steam with yet another “investigation of the investigation,” this time into the special prosecutors who scrutinized Nixon back in 1974.
The Wall Street Journal reports that the Trump Justice Department is now officially looking into that case based upon the conspiracy theories promulgated by Geoff Shepard, a former Nixon aide turned historical revisionist and conspiracy theorist who presented “a two-hour presentation at Justice Department headquarters called ‘Watergate As Lawfare,’” making the argument that, you guessed it, the deep state took down Richard Nixon.
There’s a method to all this madness, and it’s best illustrated by the fact that Vance is the one leading the charge. Any ambitious Republican official thinking about the future has to find some way to excuse their complicity in Trump’s corrupt — and likely illegal — behavior. If they have any hope of being elected to national office, their only choice is to try to maintain these MAGA fictions and arcane conspiracy theories after Trump is gone by continuing to deny the reality of what he’s done. One way to do that is to convince people that it was never just about Trump; the deep state has been out to get Republicans ever since Nixon.
If they can’t convince people that their complicity was actually righteous resistance to a secret cabal of bureaucrats and dirty cops fighting to keep Republicans from enacting their righteous agenda, then potential GOP presidential candidates like Vance are likely going to have a hard time overcoming what is likely to be a massive revolt against Trumpism once he is out of office.
We’re seeing the edge of it now — and it’s not just about the price of gas. The air is finally going out of MAGA, and every single Republican politician who took advantage of it will be held accountable by the voters for what they have done. The GOP’s only hope is to find a Republican somewhere who hasn’t been touched by Trump and MAGA.
Under the pretext of an ethics complaint against all but one of the active federal judges in Minnesota, Attorney General Todd Blanche signaled yesterday that not only will the Trump administration continue to run roughshod over the judicial branch but that judges had better shut up about it.
The complaint filed by second and third highest ranking DOJ officials with the uber-right-wing 8th Circuit Court of Appeals is ostensibly about an admittedly unusual decision by the federal judges who bore the brunt of Operation Metro Surge to sit for an interview with the New York Times for a story that ran Sept. 17.
In the interview, the judges — including Patrick Schiltz who was the chief judge during the peak of the flood of mass deportation cases swamping the Minnesota federal court — defended the rule of law, provided a civics lesson on the role of the courts, and described the structural and institutional challenges they had faced. They refrained from talking about individual cases, but they did speak in broad terms about the habeas cases in general, Operation Metro Surge and the conduct of the Trump DOJ.
The complaint — signed by acting Deputy Attorney General Trent McCotter and Associate Attorney General Stan Woodward — accused the judges of pandering to the press and engaging in unethical behavior that “flagrantly violated” the canons of judicial ethics. It specifically called out Judge Schiltz and Judge John R. Tunheim — who were both quoted by name in the NYT article — for what it called “particularly egregious” misconduct.
The Trump DOJ asked the 8th Circuit to appoint a special committee to conduct an investigation of the judges for their allegedly improper behavior and to order Judges Schiltz and Tunheim to recuse themselves from any cases involving DHS.
Blanche: "Today, we're also announcing that just a few minutes ago the DOJ filed a judicial misconduct complaint with the 8th Circuit Court of Appeals against all but one district court judge in the District of Minnesota for violating various judicial canons."
The Trump DOJ getting on its high horse about legal ethics is a lot to take on its own. But it’s also striking that the complaint leans into what DOJ officials see as a friendly audience on the 8th Circuit. It emphasizes, for instance, the appeals court’s own decision upholding the Trump administration’s mass detention policy without bond — one of only two appeals courts to do so — in which it overruled the Minnesota judges.
Traditionally, Article III judges have been free to speak publicly on matters of judicial administration, the Constitution, democracy — civics, if you will. They have been free to lobby for more funding, better security protection, restructuring of the judiciary, and reform measures without running afoul of ethics requirements.
But the Trump DOJ — which has defied orders left and right, hidden its worst conduct behind unprepared junior lawyers, botched cases, fired huge numbers of experienced attorneys, and made a hash of the distinguished department — now wants to clamp down on the ability of judges to stand up against what may be the most sustained assault on the judiciary in the nation’s history.
SCOTUS Takes Up Mass Detentions
As expected, the Supreme Court will take up the Trump administration’s policy of mass detention without bond that the circuit courts have split on, but which dozens of judges in thousands of cases have found to be unlawful.
Renee Good’s Family Sues
The family of Renee Good who was shot and killed by ICE in January during Operation Metro Surge has filed two civil lawsuits against the Trump administration arising from her death.
Broadview Six Hearing This Afternoon
A federal judge in Chicago this afternoon will hear arguments over whether to conduct a further inqury into alleged misconduct into Trump’s DOJ’s handling of the grand jury in the Broadview Six case and the aftermath of that now-abandoned prosecution of ICE protesters.
As Bad as It Gets
The Supreme Court’s prior handling of the third-country removal case was already the most troublesome emergency docket case, Georgetown law professor Steve Vladeck argues, then came this week’s unexplained decision in the case:
“There have certainly been rulings on the emergency docket that I believe to be more clearly and obviously wrong on the merits. And there have been rulings on the emergency docket that have produced even more harmful effects domestically and/or to the separation of powers. But there’s something profoundly ugly about the D.V.D. case that, unfortunately, was on display again on Tuesday.”
Cannon Wiggles Out of Bind
Give her credit: Judge Aileen Cannon has gotten out of the pickle she was in on Volume II of former Special Counsel Jack Smith’s report. She struck a motion from FBI agents who investigated the Mar-a-Lago documents case and are now being targeted by the Trump DOJ seeking clarification on her order sealing Volume II. Her reason: The lawyers had failed to confer with the co-defendants in the underlying criminal case about their motion before filing it.
808
PAPERLESS ORDER striking for lack of conferral806Motion to Intervene and Seek Clarification of Court Order. S.D. Fla. L.R. 88.9(a). Signed by Judge Aileen M. Cannon on 10/1/2026. (sm1) (Entered: 10/01/2026)
11th Circuit Stirs to Action
In the Volume II case which is on appeal, the 11th Circuit the appeals court rescheduled oral arguments yet again but moved them earlier for the first time after months of kicking the can down the road. Instead of January of next year they’re now scheduled for the first week of November. Nothing much going on that week.
Reflecting Pool Case Dismissed With Prejudice
Ruling that “no crime occurred,” a DC judge has ruled that the already-dismissed Reflecting Pool case against David Hearn should be dismissed with prejudice, meaning the Trump DOJ can’t bring the case against him again in the future.
Quote of the Day
“This event is the worst we’ve seen and unlike any other botched execution in the modern era. There is no precedent.”—Robin Maher, executive director of the Death Penalty Information Center, on last night’s horrific attempted execution of Christa Pike in Tennessee.
Pike remains hospitalized this morning. Gov. Bill Lee (R) has halted executions through the end of the year.
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