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One historic indictment, one historic victory

How race and identity are shaping politics, policy and power.
Jun 13, 2023 View in browser
 
The Recast header image

By Brakkton Booker

With help from Ella Creamer,  Jesse Naranjo, Rishika Dugyala and Teresa Wiltz 

A photo illustration shows a torn-paper edge over a photo of Terri Sewell speaking at a news conference.

POLITICO illustration/Photo by AP

What up, Recast family! Another South Florida-based Republican continues to tease a possible presidential announcement. And the Denver Nuggets are NBA champions for the first time in franchise history. First, Donald Trump is set to appear in a Miami federal court today.

Former President Donald Trump will once again captivate the political world, this time when he steps into a South Florida federal courtroom today. He is facing a 37-count criminal indictment, including 31 counts under the Espionage Act of “willful retention” of classified records.

If recent history is any indication, Trump’s latest legal imbroglio will give his detractors more evidence he is unfit to serve. And it’ll give his supporters renewed validation that he is being persecuted by his political rivals while the Justice Department went easy on Democrats, chief among them former Secretary of State Hillary Clinton.

Rep. Terri Sewell (D-Ala.) pushes back on those claims. The charges against the ex-commander-in-chief, she tells the Recast, are “very serious, and they should be taken very seriously.”

Trump’s court appearance comes on the heels of an unexpected ruling by the Supreme Court in the Allen v. Milligan case.

The current makeup of the high court is the most conservative in modern history.

So when Chief Justice John Roberts and Justice Brett Kavanaugh broke with their conservative majority and sided with the court’s liberal wing, delivering a 5-4 decision last week that upheld the Section 2 provisions in the Voting Rights Act, many were caught off guard.

That includes Sewell, the only Democrat in Alabama’s congressional delegation. She’s also the sponsor of the John R. Lewis Voting Rights Advancement Act that passed the House twice but failed in the Senate because it couldn’t top the 60-vote threshold to break the filibuster.


 

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The central argument of the case centered on whether Alabama's congressional map violates Section 2 of the VRA, which prohibits procedures that discriminate on the basis of race. Alabama officials argued the Republican-led Legislature drew “race neutral” maps and didn’t look at racial demographics when creating the redistricted maps following the 2020 census.

The ruling was a rebuke of the state’s current map and seen by Democrats and voting rights advocates as a win for Black voters in the state. It is forcing the Legislature to redraw the maps that will likely create another Democratic-leaning district.

Alabama’s population is more than 25 percent Black, and as it currently stands most of them are packed into Sewell’s 7th District, which includes parts of Birmingham, Montgomery and all of Selma.

We chop it up with Sewell about her reaction to this ruling, why she calls it a “historic victory” and her thoughts on the likelihood that once the maps are redrawn, Alabama will likely get a second Democratic House seat.

We start things off with her thoughts on today’s scheduled arraignment of Trump in Miami and Republican criticisms that there’s a two-tiered justice system: one for Trump and another for Democrats.

◆◆◆

This interview has been edited for length and clarity.

THE RECAST: The former president is expected to be arraigned in Miami. He's facing more than three dozen federal charges related to his handling of these classified documents. Trump told my colleague Alex Isenstadt over the weekend he’s going to stay in the 2024 race, even if convicted.

As you know, there is nothing barring him from running for president or even serving if he is convicted. So how serious are these charges he's facing in this Miami courtroom?

SEWELL: Oh they’re very serious and they should be taken very seriously. What we're talking about is our national defense, we're talking about breaching national security. And maybe even, depending on what the documents are about, sharing our sources and methods. At the end of the day, no one is above the law and 37 counts on an indictment is pretty serious.

THE RECAST: On the campaign trail this weekend, Trump highlighted that these investigations, including the one in New York over the alleged hush money payments to an adult film star, do nothing but help boost his poll numbers and get his base more riled up and excited to vote for him. Is that a concern for Democrats?

SEWELL: That’s a concern … that he would feel emboldened and brazen by that. I think it goes to the fact that the Republicans have successfully politicized the indictment. And I think we need to not get lost in the hype that these are crimes against our nation that he’s accused [of].

Terri Sewell points with a finger while speaking during a hearing.

Rep. Terri Sewell questions a witness during a House Intelligence Committee impeachment inquiry hearing Nov. 20, 2019, on Capitol Hill. | Pool photo by Samuel Corum

I think we have to let the process play out. But having sat on the Intel Committee for eight years, just rotating off the House Select Committee on Intel, I can tell you that there's nothing more important for our national security and defense than to keep our national secrets safe.

THE RECAST: A number of your Republican colleagues like Reps. Jim Jordan of Ohio and Byron Donalds of Florida are speaking out against the documents case.

They bring up former Secretary of State Hillary Clinton deleting thousands of emails and destroying electronic devices in their rhetoric and claim that there are two tiers to the justice system — one for Trump and one for Democrats.

You speak of the politicization of the investigation, but do you believe the Trump documents case supports their claims?

SEWELL: There’s a big difference between what Hillary Clinton and what Donald Trump did.

The reality is that she was investigated. She went through months of an investigation and she was not indicted for obstruction of justice or a violation of the Espionage Act. So that’s the big difference.

No one is condoning or making it sound like removing classified documents is not something serious. But at the same time, the level of scrutiny that she went through and came out to the other side after [former FBI Director James] Comey’s investigation — there’s a big difference here.

A quote from Rep. Terri Sewell reads " She went through months of an investigation and she was not indicted for obstruction of justice or a violation of the Espionage Act."

THE RECAST: Let’s switch gears and focus on the significant Supreme Court ruling from last week. I’ll say that many liberals, many Democrats, were bracing for the high court to rule in a way to further dilute the Voting Rights Act.

What were your thoughts when not only the court upheld Section 2 of the VRA but that the chief justice wrote the opinion?

SEWELL: I think that this was a historic victory and a great victory for Alabama's Black voters. The fact that we were all bracing ourselves for the gutting of the VRA era, and instead, this court actually followed the law, especially coming the eve of the 10th anniversary of the Shelby County v. Holder decision.

It's never lost on me that this is not about Democrats versus Republicans. This is really about minority voters and the fact that every American should have an equal voice in our democracy.

Black voters and minority voters should be able to elect candidates of their choosing — and not the other way around. So this is a huge win for democracy, a huge moment for minority voters.

This will have major implications — not just for Alabama, but for Louisiana, and Georgia and North Carolina, and the list goes on and on.

And it's not just about congressional maps, right? I mean, ostensibly the same ruling can be used to protect minority voters in state legislature maps, county commission maps, city council maps. Like it really is a very historic win for Black voters.

A quote from Rep. Terri Sewell reads "Black voters and minority voters should be able to elect candidates of their choosing — and not the other way around."

THE RECAST: I think most folks are looking at how this impacts Alabama. One of the most likely outcomes from this ruling is you’re going to perhaps get another Democratic colleague in your congressional delegation.

SEWELL: Hallelujah! Hallelujah! [chuckles] That’s all I can say.

The reality is that in order to get two majority minority districts they will have to divide up my district at the end of the day.

But this is so not about me, this is about progress and making sure that we all understand that diluting Black voting power is unfair, unjust and, according to the Supreme Court, against the law.

Our fight, we know, is not over. The reality is that until we replace Section 4, we can't enforce Section 5 preclearance. And so there is no federal oversight of state legislators across the country that are passing laws that are restrictive and suppressive to Black vote and the minority vote.

So we still have work to do. But I do believe that our “good trouble” with respect to this lawsuit has been rewarded. And I know that John Lewis and our foot soldiers are smiling down from heaven.


 

KARINE JEAN-PIERRE VIOLATES HATCH ACT?

Karine Jean-Pierre approaches the White House briefing podium

White House press secretary Karine Jean-Pierre arrives for the daily briefing at the White House in Washington, Monday, June 12, 2023. | Susan Walsh/AP Photo

According to a government watchdog agency, White House press secretary Karine Jean-Pierre violated the Hatch Act, a federal law that prevents federal officials from using their perch to influence elections. At issue: On multiple occasions, ahead of last year’s midterms, Jean-Pierre used the term “mega MAGA Republicans,” according to the Office of Special Council.

Those words violated the Hatch Act, the agency found.

NBC News was first to report the existence of a letter, dated June 7, addressed to Michael Chamberlain, an ex-Trump administration official who now runs Protect the Public’s Trust, a conservative watchdog group.

The letter, signed by Ana Galindo-Marrone, who heads the OSC’s Hatch Act Unit, noted that it “decided not to pursue disciplinary action and have instead issued Ms. Jean-Pierre a warning letter.”


 

SUAREZ KEEPS TEASING

Francis Suarez speaks into microphones on a lectern.

Miami Mayor Francis Suarez speaks during a news conference Monday about the security planned for former President Donald Trump, who was set to appear in federal court Tuesday. | Wilfredo Lee/AP Photo

Miami Mayor Francis Suarez is at it again.

The Republican’s still being coy about his presidential ambitions, but in an appearance on Fox News over the weekend he teased a “major announcement” and urged viewers to take note of his “big speech in the Reagan Library” set for Thursday.

The upcoming speech is part of the Ronald Reagan Presidential Foundation and Institute’s ongoing “Time For Choosing” series, which has featured several of the current GOP 2024 White House hopefuls, including former Arkansas Gov. Asa Hutchinson, Sen. Tim Scott (R-S.C.), former New Jersey Gov. Chris Christie, former U.N. Ambassador Nikki Haley and former Vice President Mike Pence.

To be clear, there are plenty of reasons to be skeptical that Suarez’s speech will be a presidential announcement, writes Florida Playbook author Gary Fineout:

“Then there is the idea of launching a campaign just two days after Trump appears in federal court in Miami, an event that seems destined to drown out a lot of other political news this week.”

Suarez is placing himself right in the middle of that media circus, calling for peaceful protests in his city.

WATCH: Miami officials call for peaceful protest ahead of Trump arraignment

A video thumbnail with "play" arrow shows Francis Suarez speaking at a lectern with the City of Miami emblem on it.

Should Suarez ultimately enter the expanding field of Republicans seeking the 2024 nomination, he would stand out among the other entrants as the only sitting mayor and the party’s only Latino candidate this election cycle.

“Part of the reason why I’m considering running for president is because I think I can grow the tent — not for an election, but for a generation,” Surarez said in an interview with The Recast last month.


 

ICYMI @ POLITICO

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THE RECAST RECOMMENDS

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“Aloners,” a South Korean movie about a top call center employee who is forced to confront her isolated lifestyle, is out in the U.S. now. Watch it on Vudu.

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The coming-of-age comedy “The Wonder Years,” telling the story of a middle-class Black family in 1960s Alabama through the eyes of 12-year-old Dean, is back for Season 2.

Love is in the air in Kenneth "Babyface" Edmonds’ soulful NPR Tiny Desk concert.

At New York’s Museum of Modern Art, “Chosen Memories” explores Latin American history, spirituality, indigenous culture and daily life.

Cousins Baby Keem and Kendrick Lamar drop “The Hillbillies,” along with a nostalgic, VHS-style visual featuring a cameo from Tyler, the Creator.

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TikTok of the Day: Sneaky

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