Democratic Leaders Like Me Need to PUSH BACK and PUSH FORWARD

After this week, I have to call out Dems who aren’t stepping up.

What the hell is wrong with the Democrats? 

This week saw a turning point in U.S. history. Not only is the Trump Administration brazenly denying the due process rights of Americans, but it has begun to openly defy the Courts. 

I’m disgusted. But not just at Trump. At Democrats. Because so few are speaking up. And silence is complicity. 

I know the pattern, because I’m as guilty of it as any other Democratic leader: 1) We fail to speak up for our values, because 2) We are too afraid of what Republicans might say about us. 

In the face of Trump’s authoritarianism, the Democratic formula is capitulation. 

Our latest great capitulation is our failure to speak up loudly and consistently for due process and the rule of law. Ultimately, due process, along with freedom of speech, is what separates us from a totalitarian regime. Due process ensures that every single person: rich, poor, Black, white, citizen, resident alien, everyone gets the same basic chance to hear the evidence against them, and to mount their own defense. Among other things, due process helps prevent us from making mistakes and punishing the wrong people.

As for the rule of law. This would seem to be self-evident. We learn about civics and basic checks and balances in grade school. If the executive no longer respects the courts, why should anyone else? 

Every Democratic leader should be very clear that due process is non-negotiable. Every single leader should be speaking out to denounce the Administration’s descent into lawlessness. And we need to do so no matter what we fear Republicans might say about us. As John Favreau said this week, “The Trump administration disappearing people to foreign prisons is not a ‘soup du jour’ issue, you cowards.”

I know why Democratic leaders show such cowardice, because I’ve done it. Every move I describe here are moves I’ve been guilty of in my 12 years in the North Carolina General Assembly. I’ve made all of the rationalizations. And I’ve gone with the team even when I’ve disagreed. So let me explain how I see it:

Democratic leaders are so afraid of how we’ll be criticized in Republican attack ads or in the media that we stop ourselves from doing anything that might be criticized. Even though we should know the criticism is going to come no matter what we do. 

There is no better example than the current fear to speak up about due process. The fear is that if we make too much of the current abuses of due process and defiance of constitutional order, we will be tagged as being too lax on immigration, or anti-semitic, or whatever label the GOP pins on us next. Likewise, we regularly avoid tough votes on things like criminal penalties or anything that can be described as raising taxes, not because of the policy merits – we all know change is needed – but because of how the other side might twist such votes to look. 

And to what end? We are all going to be described as yellow-bellied immigrant-loving, crime-friendly, tax-and-spend liberals no matter what.

There is no avoiding getting criticized in politics. Whatever we do, the punches will come. So let’s start speaking our truth loud and strong. Rather than cowering in fear, let’s bring the fight to our opponents. Just like, say… Harvard did this week. Or the CEO of Marriott did (and got 40,000 employee emails thanking him). Rather than responding to what we think voters want to hear, let’s use our platforms to LEAD a movement and make change. 

I want to give you a little flavor of my week – actually just Wednesday – to help explain why I am so frustrated. 

Wednesday started at the Governor’s mansion, where I got into a disagreement with the Governor on his approach to Trump Authoritarianism. I understand and appreciate that Governor Stein is trying to prioritize getting the federal support needed for Helene relief, and I told him that. But…

I’m disappointed that our Governor, an attorney and our former Attorney General, has not spoken up about due process violations or denounced Trump’s disregard of court orders at this crucial moment in history. Governor Stein has always been verbal about community safety and the rule of law. Today, North Carolinians are terrified. This is true especially for the most vulnerable members of our community, but honestly, the descent into lawlessness affects and threatens us all. North Carolinians are looking for leaders to stand with them and defend them. Our Governor isn’t out there. Our Democratic members of Congress aren’t out there. And I, too, can do better and more. 

Later, the same day my colleagues in the Senate Democratic Caucus plunged me into deeper despair. During debate on the state budget, Republican leaders ran an amendment that would punish anyone convicted of assaulting a law enforcement officer with losing their access to in-state tuition. To me, this amendment was just one more example of our slide to authoritarianism. Trump and his allies for authoritarianism want to silence dissent and protests, and specifically protests on college campuses that have historically been so important in bringing about change. 

No one condones assaulting a police officer, but it is also not hard to see how a student, engaged in a protest which gets out of hand, could end up with such a charge. The very same day of this debate, students at NC Central University were arrested for protesting substandard housing conditions! Watch this video and see how easily a peaceful protest can turn into criminal charges and the worst day of a student’s life. A bill like this chills dissent. We already have punishments for this crime. Using the ability to access education as an additional punishment is unconscionable, and just falls in step with Trump’s playbook. 

I was stunned, then, when all Democratic Senators joined Republicans to vote for the amendment – with the exception of myself and Sen. Val Applewhite. I understand why, because I’ve taken votes like that too – a vote that is afraid to be “soft on crime” because it could be used against you in a campaign attack later on. But Republicans will give us this label one way or another anyhow. Wouldn’t it be better to speak up with courage and explain to our constituents and the public why the amendment is dangerous and counter to our values? 

My disappointment deepened when we got to the budget vote. The proposed budget would be deeply harmful for North Carolina, it stands in direct opposition to all the values the Democratic party stands for. Yet four democrats voted with the Republicans to pass it. Acting like this is how Democrats become a permanent minority party. I’ve talked with Democrats from other southern states that have given up on reclaiming power. They use the same logic as we heard this week from my colleagues. “We’re not going to win, so I have to get something for my district.” I suppose I understand the logic, but North Carolina is a purple state. I am not ready to give up, and I truly believe the only way we can win is if we speak out clearly consistently about the values and policies we care about, rather than spending our time cowering in fear and capitulation. 

And we know bravery is possible. In striking contrast to so much Democratic cowardice, we have seen a series of brave and powerful acts from conservatives this week. Most consequentially, perhaps, was the Supreme Court’s 1:00 AM order putting an immediate halt to Trump’s latest due process abuses. Earlier in the week, conservative Judge Harvey Wilkinson issued a blistering opinion explaining that the Trump Administration’s immigration actions “reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood.” (Read it, it’s incredibly inspiring.) David Brooks said “America needs an uprising that is not normal.” Bill Kristol asked “Where does the ‘Abolish ICE’ movement go to get its apology?” Former Trump staffers signed an open letter comparing his actions to those of a “royal despot.” And perhaps most strikingly Senator Lisa Murkowski said “We are all afraid.” But what she said after a long pause was perhaps even more important:

“It’s quite a statement. We’re in a time and place where — I don’t know, I certainly have not — I have not been here before. And I’ll tell you, I’m oftentimes very anxious myself about using my voice because retaliation is real. And that’s not right. But that’s what you’ve asked me to do and so I’m going to use my voice to the best of my ability.”

So, what should Democratic leaders do? PUSH BACK. And PUSH FORWARD.

Pushing back works. I’ve written previously about the principle of Do Not Comply in Advance, but now we need to take this a step further. What I hear people saying to Democratic leaders like me is PUSH BACK. Columbia is an example of complying in advance. Harvard is an example of PUSH BACK. Chuck Schumer complied in advance. Jerome Powell is an example of PUSH BACK. And the best example of PUSH BACK this week was Senator Chris Van Hollen going to El Salvador and insisting on a meeting with Kilmar Abrego Garcia.

Democratic leaders, including me, need to remember that the fear of pushing back drives us further and further away from any core values. There’s no end point when you go down this path. You’re automatically losing because your opponent has set the terms. In today’s regime there is nowhere to hide. One way or another, Democratic politicians are going to take punches. So let’s be ready for them. Get strategic about them. And PUSH BACK with values and principles. 

PUSH FORWARD with answers. PUSH FORWARD better solutions. PUSH FORWARD to the next advancements that protects democracy from authoritarians like Trump and his death eaters. 

I very rarely publicly criticize other Democratic leaders, but this is not a moment for silence. And while I’m sure some of my colleagues will feel justifiably attacked by me airing my criticisms publicly, I hope that many more will feel the courage to join the growing ranks of Democratic leaders who are going to loudly PUSH BACK and creatively PUSH FORWARD.

What you can do this week: 

• Write and call everyone. Not just the GOP. Democrats need to hear from you too. Contact the Attorney General and the Governor and ask them to defend the rule of law. Contact your Democratic Congress people. Tell them to push back and push forward every chance they get.

• Attend the DNC/NCDP Peoples Town Hall in Alamance County on Thursday evening. Come thank Sen. Chris Murphy, Rep. Maxwell Frost, and NCDP Chair Anderson Clayton for consistently standing up for principle and leading with values!

• Don’t write Thom Tillis. Complete the Tillis Survey instead. (It doesn’t have his name on it in this version, but it really is his!)

• If you live in Orange County, come hear me speak at the OCDP Convention next Saturday.

• Missed the Town Hall that I did with Anderson Clayton and Rep. Ray Jeffers? Read about it here or watch the recording on my Substack page. 

• Celebrate Earth Day. Kym and I had a delightful run in Johnston Mill this morning. We highly recommend it, and also donating to Triangle Land Conservancy. 

• Find Joy – I’ve really been enjoying this live set from Sturgill Simpson. 

• Find more Joy – Our garden is bursting with color! Is yours? Share some photos here.

Onward, 

Graig