Letters from an American - December 26, 2025
Episode Date: December 27, 2025Get full access to Letters from an American at heathercoxrichardson.substack.com/subscribe...
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December 26th, 2025.
On Tuesday, December 23rd, the U.S. Supreme Court made a preliminary finding that President
Donald J. Trump's deployment of Federalized National Guard troops in the Chicago area,
beginning in October, was unlawful.
Six of the nine justices held that the law Trump invoked to send in national,
National Guard troops requires that a President first send in the regular U.S. military
to execute the laws, and that the National Guard can be deployed only if the President
remains unable with the regular forces to execute the laws of the United States.
But, they noted, the circumstances under which the President can use the military against U.S. citizens
are exceptional.
The 1878 Posse Cometatus Act prohibits the U.S. military from executing the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
So, the justices concluded, before the President confederalize the Guard, he likely must have statutory or constitutional authority to execute the laws,
with the regular military and must be unable with those forces to perform that function.
At this preliminary stage, the government has failed to identify a source of authority that would allow
the military to execute the laws in Illinois. The president has not invoked a statute that
provides an exception to the Posse Comitatis Act. In an opinion concurring with the five justices who
signed on to the majority opinion, Justice Brett Kavanaugh added a footnote addressing what
have become known as Kavanaugh stops. In September, the Supreme Court majority allowed immigration
officers to stop individuals on the basis of their apparent race or ethnicity, speaking in Spanish
or with an accent, working in certain sectors, or being present at certain locations, like an
agricultural site, so-called racial profiling. In his support for that decision, Kavanaugh wrote that
when those individuals legally in the U.S. are stopped and questioned, the questioning in those
circumstances is typically brief, and those individuals may promptly go free after making clear
to immigration officers that they are U.S. citizens or otherwise legally in the U.S.
Since then, as Chris Guidner of Law Dork recorded, U.S. citizens have repeatedly been threatened, beaten, and detained.
Currently, Immigration and Customs Enforcement, or ICE, is holding a 22-year-old Maryland woman,
Dulce Consuelo Diaz Morales, for deportation, although she has produced a U.S. birth certificate and Maryland immunization records,
and her lawyer insists she is a U.S. citizen.
prison. ICE officials say the documents are not valid and she is in the country illegally.
In his concurrence in Tuesday's decision, Kavanaugh added a footnote saying,
the Fourth Amendment requires that immigration stops must be based on reasonable suspicion of
illegal presence, stops must be brief, arrests must be based on probable cause, and officers
must not employ excessive force.
Moreover, the officers must not make interior immigration stops or arrests based on race or ethnicity.
On Wednesday, December 24th, the Department of Justice posted on social media that it might
take a few more weeks to release the Epstein files after announcing that the U.S. Attorney for
the Southern District of New York and the Federal Bureau of Investigation, or Fetting,
FBI had just uncovered more than a million more documents potentially related to the Jeffrey Epstein case.
In fact, as Alison Gill of Mueller, she wrote, noted, prosecutors from the Southern District of New York were ordered to transfer all their files to Justice Department headquarters in January 2025.
Senate Minority Leader Chuck Schumer, a Democrat of New York, responded, a Christmas Eve,
news dump of a million more files only proves what we already know. Trump is engaged in a massive
cover-up. The question Americans deserve answered is simple. What are they hiding? And why?
Justice delayed is justice denied. Release the files. Follow the law. The Justice Department
has not released many of the documents as required by the Epstein File.
Transparency Act, but those few that have come out reveal proof that Trump has been lying
about his involvement with the convicted sex abuser Epstein. As Sarah Fitzpatrick reported Wednesday
in the Atlantic, Trump started his 2024 campaign with the announcement that he was never on
Epstein's plane or at his stupid island. He blamed any reports of such visits on Democrats, who were, he said,
smearing him to hurt him politically.
But documents released on Tuesday
show a January 7th, 2020 email
from a New York prosecutor
saying that flight logs show that Trump
traveled on Epstein's private jet
many more times than previously has been reported
or that we were aware.
Including during the period,
we would expect to charge in a Gilane Maxwell case.
In particular, he is listed as a passenger on at least eight flights between 1993 and 1996,
including at least four flights on which Maxwell was also present.
On one flight in 1993, he and Epstein are the only two listed passengers.
On another, the only three passengers are Epstein, Trump, and then 20-year-old redacted.
On two other flights, two of the passengers were women who would be possible witnesses in a Maxwell case.
Emails from before Epstein's 2019 arrest show investigators talking about 10 co-conspirators,
while a 2020 email suggests prosecutors had amassed considerable material to charge co-conspirators, but never did so.
The document discussing those charges is redacted.
Trump was mentioned more than 100 times in the documents released on December 23rd.
And there is pressure on Trump coming from a different direction as well.
On December 17th, Khadija Safdar and Joe Palazolo of the Wall Street Journal reported that senators, led by Ron Wyden, a Democrat of Oregon, the top-ranking Democrat on the Senate Finance Committee, wrote to the Justice Department and asked official,
to explain why law enforcement officials never interviewed Epstein's long-time attorney,
Darren Indyke, or his accountant, Richard Kahn,
when the officers were investigating Epstein's sex trafficking.
The same Wall Street Journal reporters recently noted
that the two men arranged fake marriages to keep women in the U.S.,
withdrew cash for Epstein in ways that avoided scrutiny,
and sent payments to women who later claimed they had been sexually abused,
As co-executors of Epstein's estate, the men have control over the evidence in that estate and over Epstein's more than $100 million in assets.
Representatives and staffers from the House Oversight Committee told journalist Fitzpatrick they are drafting subpoenas to learn more about the alleged co-conspirators.
They are also drafting a resolution to hold Attorney General Pam Bondi in contempt for her failure to make sure that
that the Department of Justice complied with the Epstein-Files Transparency Act
and are moving ahead with articles of impeachment against her.
Axios reported on December 23rd that the White House has taken over the X account of the Justice
Department, and on the same day, that account tried to undercut the new information by claiming
that accusations in it are unfounded and false. But Trump's behavior on December 25th, Christmas,
suggested otherwise. Trump's social media account posted, Merry Christmas to all, including the many
slees bags who loved Jeffrey Epstein, gave him bundles of money, went to his island, attended his
parties, and thought he was the greatest guy on earth, only to drop him like a dog when things
got too hot, falsely claimed they had nothing to do with him, didn't know him, said he was a disgusting
person and then blame, of course, President Donald J. Trump, who was actually the only one who did
drop Epstein and long before it became fashionable to do so. When their names get brought out in the
ongoing radical left witch hunt plus one low-life Republican Massey, and it is revealed that they
are Democrats all, there will be a lot of explaining to do, much like there was when it was made
public that the Russia, Russia, Russia, Russia hoax was a fictitious story, a total scam and had nothing
to do with Trump. After misrepresenting the New York Times, he went on, now the same losers are
at it again, only this time so many of their friends, mostly innocent, will be badly hurt and
reputational tarnished. But sadly, that's the way it is in the world of corrupt Democrat politics.
Enjoy what may be your last Merry Christmas, President Donald J. Trump.
Bill Crystal of the bulwark wrote,
Donald Trump basically acknowledging that so far at least he's losing the fight over Epstein.
Midas Touch noted, this is what's known as consciousness of guilt.
This evening, Trump posted,
Now one million more pages on Epstein are found.
DOJ is being forced to spend all of its time on this Democrat-inspired hoax.
When do they say no more and work on election fraud, etc.?
The Democrats are the ones who worked with Epstein, not the Republicans.
Release all of their names, embarrass them, and get back to helping our country.
The radical left doesn't want people talking about Trump and Republican success,
only a long ago dead Jeffrey Epstein, just another way.
I love the smell of panic in the evening.
Former Representative and Trump critic Adam Kinzinger,
Republican of Illinois, posted over Trump's screed,
smells like victory.
Even before Trump's evening post,
in meditations in an emergency,
Rebecca Solnit noted that it seems clear
that there is likely something in the files
that further incriminates Trump.
an observation with which scholar of authoritarianism, Timothy Snyder, agreed.
He added,
Horrible as the facts at hand are,
there must be something else,
something verging on the unimaginable.
The slow drip of the Epstein files, Solnit writes,
is undermining loyalty to Trump as nothing else has,
and it is an important part of how the Trump regime and the Republican Party,
party are falling apart before our eyes.
This does not mean that the Trumpists are powerless, she continues.
They are flailing and grabbing for all the kinds of power that they can.
But Trump appears to be disintegrating, rotting, collapsing before our eyes, mentally and physically.
And Republicans in Congress, first of all, with the vote to release the Epstein files, are breaking from him.
Letters from an American was written and read by Heather Cox Richardson.
It was produced at Soundscape Productions, Dead in Massachusetts.
Recorded with music composed by Michael Moss.
