[Note from BenIndy Contributor Nathalie Christian: Public Citizen and other allies are organizing rallies around the country for this Thursday, August 3 — the day of Trump’s arraignment — to demand accountability and support the rule of law. I looked and the closest rally (that I can find, so far) is in Petaluma, at 5:30pm. If anyone local catches wind of a more local rally, or wants to initiate one, please email me and I’d be happy to promote it. From Public Citizen: Find a rally near you.]
This post was produced by Benicia resident Stephen Golub. Steve blogs about domestic and international politics and policy, including lessons that the United States can learn from other nations, at A Promised Land: America as a Developing Country. If interested, you may sign up for future posts by subscribing to the blog.
Jack Smith is doing his job. The rest is up to us.
By Stephen Golub, July 3, 2023
Finally.
Yesterday, a grand jury indicted Donald Trump for, in essence, trying to gut American democracy. In securing that indictment, Special Counsel Jack Smith launched a case of unprecedented importance to our country.
I’d thought that I might greet the news with relief that the inevitable has come to pass, or despair over what Trump’s abuses signify, or trepidation over the societal ruptures that await us.
But I feel something far more stirring. Not quite elation.
Pride.
I’ve spent my career working to promote democracy and the rule of law across the globe. As I’ve written, the effort has largely flopped, though there have been powerful exceptions to that unfortunate rule.
One of the heartbreaking aspects of this endeavor has been how blind America has been to our own failures here at home. Even as the United States has sought to teach, train and tut-tut other societies about their democratic and legal shortcomings, we’ve ignored our own glass house.
But at this one historic moment, this country has lived up to its promise.
On this one day, we’re seeing the rule of law in action in its most vital sense: No one is above the law.
The indictment, practically free of legalese and packed with persuasive detail, makes for compelling reading. It portrays how Trump and six so-far unindicted and unidentified co-conspirators undertook a multi-stage drive to undo the election results. It superbly illuminates how they sought to pressure state and federal officials, line up fake electoral college electors, bulldoze then-Vice President Pence and ultimately ignite a mob, all in order to block Joe Biden from being certified as president-elect on January 6.
By citing abundant incriminating evidence from Trump’s own top aids and allies, including contemporaneous notes by Pence, it also shows how Trump knew that his allegations of electoral theft were lies.
In an irony that perhaps will not go unnoticed by Trump’s nativist and white nationalist fans, both the federal magistrate to whom the indictment was presented and the federal judge who will oversee the case are immigrants, respectively from India and Jamaica.
Now, none of this is to say that any of this will play out well, even if Trump is convicted. Things will get ugly, vicious, maybe even violent.
Nor does it compensate for what got us here, from Trump’s depravity to his followers’ tribal loyalty to Republican leaders’ craven acquiescence to Attorney General Merrick Garland’s ill-advised delay in approving the Trump insurrection investigation.
Furthermore, as I’ve previously suggested, the ultimate forum that will decide Trump’s legal fate will be the court of public opinion. That is, whether he will be held legally accountable for his alleged crimes against this country will probably hinge on whether he wins next year’s election.
But this first step had to happen. At this pivotal point in our history, we had to move from a hypocritical glass house to a literal, crucial courthouse. Smith and his team will do their best to hold Trump accountable for his crimes.
Now, the rest of us must do our part to ensure that Trump loses in the court of public opinion as well.
This post was produced by Benicia resident Stephen Golub. Steve blogs about domestic and international politics and policy, including lessons that the United States can learn from other nations, at A Promised Land: America as a Developing Country. If interested, you may sign up for future posts by subscribing to the blog.
Read more from Steve by visiting his blog or clicking any of the links below.
[BenIndy Contributor Nathalie Christian: I am going to use this opportunity to call attention to a shooting that occurred recently in Benicia. And I’d like to note the (embarrassingly predictable) first comment in response to the Nextdoor post I’m linking, saying “Let’s not get like Vallejo please!” The truth this: Gun violence is everywhere, even here in Benicia. We’re less impacted, but only by so much; we are not and have never been immune to it. No one is. No one can be. Gun violence touches every part of American culture. Gun violence transcends age, race, gender identity, political preferences, religious affiliation, education, relationship status, job status, place of origin, geographic location, and so on. It is the number one cause of death in kids aged 1 to 17. There are situations and communities more vulnerable to it, yes, but – gun violence can touch anyone, at almost any time. This report by the NYT details the path to polarization engineered by gun lobbyists and a cohort of lawmakers from both sides of the aisle, a path designed to stall progress on seeing this problem for what it is and then actually doing something about it.]
The Secret History of Gun Rights: How Lawmakers Armed the N.R.A.
They served in Congress and on the N.R.A.’s board at the same time. Over decades, a small group of legislators led by a prominent Democrat pushed the gun lobby to help transform the law, the courts and views on the Second Amendment.
Long before the National Rifle Association tightened its grip on Congress, won over the Supreme Court and prescribed more guns as a solution to gun violence — before all that, Representative John D. Dingell Jr. had a plan.
First jotted on a yellow legal pad in 1975, it would transform the N.R.A. from a fusty club of sportsmen into a lobbying juggernaut that would enforce elected officials’ allegiance, derail legislation behind the scenes, redefine the legal landscape and deploy “all available resources at every level to influence the decision making process.”
“An organization with as many members, and as many potential resources, both financial and influential within its ranks, should not have to go 2d or 3d Class in a fight for survival,” Mr. Dingell wrote, advocating a new aggressive strategy. “It should go First Class.”
To understand the ascendancy of gun culture in America, the files of Mr. Dingell, a powerful Michigan Democrat who died in 2019, are a good place to start. That is because he was not just a politician — he simultaneously sat on the N.R.A.’s board of directors, positioning him to influence firearms policy as well as the private lobbying force responsible for shaping it.
And he was not alone. Mr. Dingell was one of at least nine senators and representatives, both Republicans and Democrats, with the same dual role over the last half-century — lawmaker-directors who helped the N.R.A. accumulate and exercise unrivaled power.
Their actions are documented in thousands of pages of records obtained by The New York Times, through a search of lawmakers’ official archives, the papers of other N.R.A. directors and court cases. The files, many of them only recently made public, reveal a secret history of how the nation got to where it is now.
Over decades, politics, money and ideology altered gun culture, reframed the Second Amendment to embrace ever broader gun rights and opened the door to relentless marketing driven by fear rather than sport. With more than 400 million firearms in civilian hands today and mass shootings now routine, Americans are bitterly divided over what the right to bear arms should mean.
The lawmakers, far from the stereotype of pliable politicians meekly accepting talking points from lobbyists, served as leaders of the N.R.A., often prodding it to action. At seemingly every hint of a legislative threat, they stepped up, the documents show, helping erect a firewall that impedes gun control today.
“Talk about being strategic people in a place to make things happen,” an N.R.A. executive gushed at a board meeting after Congress voted down gun restrictions following the 1999 Columbine shooting. “Thank you. Thank you.”
The fact that some members of Congress served on the N.R.A. board is not new. But much of what they did for the gun group, and how, was not publicly known.
Representative Bob Barr, a Georgia Republican, sent confidential memos to the N.R.A. leader Wayne LaPierre, urging action against gun violence lawsuits. Senator Ted Stevens, an Alaska Republican, chided fellow board members for failing to advance a bill that rolled back gun restrictions, and told them how to do it.
Republican Representative John M. Ashbrook of Ohio co-wrote a letter to the board describing “very subtle and complex” tactics to support “candidates friendly to our cause and actions to defeat or discipline those who are hostile.” Senator Larry E. Craig, an Idaho Republican who was a key strategic partner for the N.R.A., flagged and scuttled a proposal to require the use of gun safety locks.
And then there was Mr. Dingell. In a private letter in October 1978, the N.R.A. president, Lloyd Mustin, said his “insights and guidance on the details of any gun-related matter pending in the Congress” were “uniformly successful.” Just as valuable, he said, was the congressman’s stealthy manipulation of the legislative process.
“These actions by him are often carefully obscured,” Mr. Mustin wrote, so they may “not be recognized or understood by the uninitiated observer.”
As chairman of the powerful House commerce committee, Mr. Dingell would send “Dingellgrams” — demands for information from federal agencies — drafted by the N.R.A. Other times, on learning of a lawmaker’s plan to introduce a bill, he would scribble a note to an aide saying, “Notify N.R.A.”
Beginning in the 1970s, he pushed the group to fund legal work that could help win court cases and enshrine policy protections. The impact would be far-reaching: Some of the earliest N.R.A.-backed scholars were later cited in the Supreme Court’s District of Columbia vs. Heller decision affirming an individual right to own a gun, as well as a ruling last year that established a new legal test invalidating many restrictions.
The files of Mr. Dingell, the longest-serving member of Congress, were donated to the University of Michigan but remained off-limits for nearly eight years. They were only made available in May, five months after The Times began pressing for their release.
Mr. Barr, who has remained on the N.R.A. board since leaving government in 2003, said in an interview that he did not recall the memos he wrote to Mr. LaPierre, which were among the congressman’s papers at the University of West Georgia. But during his nearly six years in office while also a N.R.A. director, he said, the group “never approached me to do anything that I didn’t want to do or that I would not have done anyway.”
“I’m doing it as a member of Congress who also happens to be an N.R.A. board member,” Mr. Barr said.
N.R.A. manuals say its board has a “special trust” to ensure the organization’s success and to protect the Second Amendment “in the legislative and political arenas.” Under ethics rules, lawmakers may serve as unpaid directors of nonprofits, and the gun group is classified by the I.R.S. as a nonprofit “social welfare organization.” No current legislators serve on its board.
In 2004, the Brady Campaign to Prevent Gun Violence objected to three Republican lawmakers then serving as unpaid N.R.A. directors: Mr. Craig and Representatives Don Young of Alaska and Barbara Cubin of Wyoming. The Brady organization argued that their fiduciary duty to the N.R.A. conflicted with their government roles.
“Here, the lobbyist and the lobbied are the same,” said the complaint. It was rejected by Senate and House ethics committees.
Mr. Dingell eventually left the N.R.A. board. The turning point was his support for a 1994 crime bill that included an assault weapons ban. In a terse resignation letter, he acknowledged a problem in serving as an elected official and a director — though he would continue to work closely with the group for years.
“I deeply regret,” Mr. Dingell wrote, “that the conflict between my responsibilities as a Member of Congress and my duties as a board member of the National Rifle Association is irreconcilable.”
‘Patriotic Duty’
John Dingell was comfortable with firearms at an early age: When not blasting ducks with a shotgun, he was plinking rats with an air gun in the basement of the U.S. Capitol, where he served as a page. They were pursuits he picked up from his father, a New Deal Democrat representing a House district in Detroit’s working-class suburbs, who enjoyed hunting and championed conservation causes.
After serving in the Army in World War II, the younger Mr. Dingell earned a law degree and worked as a prosecutor. He succeeded his father in 1955 at age 29. Nicknamed “the Truck” as much for his forceful personality as his 6-foot-3 frame, Mr. Dingell was an imposing presence in the House, where he became a Democratic Party favorite for pushing liberal causes like national health insurance.
Mr. Dingell recalled, in a 2016 interview, that he saw President John F. Kennedy “fairly frequently” at the White House and generally “traveled the same philosophical path.”
“Except on firearms,” he added.
In December 1963, just weeks after Mr. Kennedy was murdered with a rifle bought through an N.R.A. magazine ad, Mr. Dingell complained at a hearing about “a growing prejudice against firearms” and defended buying guns through the mail. His advocacy made him popular with the N.R.A., and by 1968 he had joined at least one other member of Congress on its board.
Historically, the N.R.A.’s opposition to firearms laws was tempered. Founded in 1871 by two Union Army veterans — a lawyer and a former New York Times correspondent — the association promoted rifle training and marksmanship. It did not actively challenge the Supreme Court’s view, stated in 1939, that the Second Amendment’s protection of gun ownership applied to membership in a “well regulated Militia” rather than an individual right unconnected to the common defense.
During the 1960s, public outrage over political assassinations and street violence led to calls for stronger laws, culminating in the Gun Control Act, the most significant firearms bill since the 1930s. The law would restrict interstate sales, require serial numbers on firearms and make addiction or mental illness potential disqualifiers for ownership. The N.R.A. was divided, with a top official complaining about parts of the bill while also saying it was something “the sportsmen of America can live with.”
President Lyndon B. Johnson wanted the bill to be even stronger, requiring gun registration and licensing, and angrily blamed an N.R.A. letter-writing campaign for weakening it. The Justice Department briefly investigated whether the group had lobbied without registering, and in F.B.I. interviews, N.R.A. officials “pointed out” that members of Congress sat on its board, as if that defused any lobbying concerns. (The case was closed when the N.R.A. agreed to register.)
The debate over the Gun Control Act agitated Mr. Dingell, his files show. He asked the Library of Congress to research Nazi-era gun confiscations in Germany to help prove that regulating firearms was a slippery slope. He considered investigating NBC News for a gun rights segment he viewed as one-sided. At an N.R.A. meeting, he railed about a “patriotic duty” to oppose the “ultimate disarming of the law-abiding citizen.”
As Mr. Johnson prepared to sign the act in fall 1968, Mr. Dingell was convinced that gun ownership faced an existential threat and wrote to an N.R.A. executive suggesting a bold strategy.
The group, he said, must “begin moving toward a legislative program” to codify an individual’s right to bear arms “for sporting and defense purposes.” It was a major departure from the Supreme Court’s sparse record on Second Amendment issues up to that point. The move would neutralize arguments for tighter gun restrictions in Congress and all 50 states, he said.
“By being bottomed on the federal constitutional right to bear arms,” he wrote, “these same minimal requirements must be imposed upon state statutes and local ordinances.”
A New Aggressiveness
Mr. Dingell’s legislative acumen proved indispensable to the gun lobby.
The 1972 Consumer Products Safety Act, designed to protect Americans from defective products, might have reduced firearms accidents that killed or injured thousands each year. But the N.R.A. viewed it as a backdoor to gun control, and Mr. Dingell slipped in an amendment to the new law, exempting from regulatory oversight items taxed under “section 4181 of the Internal Revenue Code” — which only covers firearms and ammunition.
While Mr. Dingell’s office was publicly boasting in 1974 of his bill to restrict “Saturday night specials,” cheap handguns often used in crimes, C.R. Gutermuth, then the N.R.A.’s president, confided in a private letter that the congressman had only introduced it to “effectively prevent” stronger bills. “Obviously, this comes under the heading of legislative maneuvering and strategy,” he wrote.
Still, the public generally favored stricter limits. After a 3-year-old Baltimore boy accidentally killed a 7-year-old friend with an unsecured handgun, a constituent wrote to Mr. Dingell asking, “How long is it going to be before Congress takes effective action?” He instructed an aide to “not answer.”
When the N.R.A. board met in March 1974, Mr. Gutermuth reported that “Congressman Dingell and some of our other good friends on The Hill keep telling us that we soon will have another rugged firearms battle on our hands.” Yet he expressed dismay that N.R.A. staff had not come up with a “concrete proposal” to fend it off.
Mr. Dingell had an idea.
In memos to the board, he complained of the N.R.A.’s “leisurely response to the legislative threat” and proposed a new lobbying operation. Handwritten notes reflect just how radical his plans were. He initially said the group, which traditionally stayed out of political races, would “not endorse candidates for public office” — only to cross that out with his pen; the N.R.A. would indeed start doing that, through a newly created Political Victory Fund.
The organization’s old guard, whose focus continued to be largely on hunting and sports shooting, was uncomfortable. Mr. Gutermuth, a conservationist with little political experience, wrote to a colleague that Mr. Dingell “wants an all out action program that goes way beyond what we think we dare sponsor.”
“John seems to think that we should become involved in partisan politics,” he said.
Mr. Dingell got his way. A 33-page document — “Plan for the Organization, Operation and Support of the NRA Institute for Legislative Action” — was wide-ranging. The proposal, largely written by Mr. Dingell, called for an unprecedented national lobbying push supported by grass-roots fund-raising, a media operation and opposition research.
It would “maintain files for each member of Congress and key members of the executive branch, relative to N.R.A. legislative interests,” and “using computerized data, bring influence to bear on elected officials.” The plan reflected Mr. Dingell’s savvy as a lawmaker: “For greatest effectiveness and economy, whenever possible, influence legislation at the lowest level of the legislative structure and at the earliest time.”
Walt Sanders, a former legislative director for Mr. Dingell, said the congressman viewed the N.R.A. as useful to his goal of protecting and expanding gun rights, particularly by heading off efforts to impose new restrictions.
“He believed very strongly that he could affect gun control legislation as a senior member of Congress and use the resources of the N.R.A. as leverage,” Mr. Sanders said.
The changes mirrored an increasingly uncompromising outlook within the N.R.A. membership. In what became known as the “Revolt at Cincinnati,” a group of hard-liners seized control of the group at its 1977 convention.
The coup drew inspiration from Mr. Dingell, who a month before had circulated a blistering attack on the incumbent leadership. He was revered by many members, who saw little distinction between his roles as a lawmaker and an N.R.A. director, and would write letters praising his fight on their behalf against “gun-grabbers.”
In his responses, he would sometimes correct the impression that he represented the N.R.A. in Congress.
“I try to keep my responsibilities in the two capacities separate so that there is no basic conflict,” he wrote to one constituent.
Cultural Shift
When gunshots claimed the life of John Lennon in December 1980 and nearly killed President Ronald Reagan a few months later, the N.R.A. readied itself for a familiar battle. Its officials, meeting in May 1981, grumbled that their “priorities, plans and activities have necessarily been altered.”
But remarkably, no new gun restrictions made it through Congress.
The group saw the failure of gun control efforts to gain traction as a validation of its new agenda and a sign that, with Reagan’s election, there was “a new mood in the country.” The N.R.A. and its congressional allies seized the moment, eventually pushing through the most significant pro-gun bill in history, the Firearms Owners’ Protection Act of 1986, which rolled back elements of the Gun Control Act.
The bill — largely written by Mr. Dingell but sponsored by Representative Harold L. Volkmer, a Missouri Democrat who would later join the N.R.A. board — was opposed by police groups. It lifted some restrictions on gun shows, sales of mail-order ammunition and the interstate transport of firearms.
The N.R.A. also went ahead with Mr. Dingell’s plans “to develop a legal climate that would preclude, or at least inhibit, serious consideration of many anti-gun proposals.” A strategy document from April 1983 laid out the long-term goal: “When a gun control case finally reaches the Supreme Court, we want Justices’ secretaries to find an existing background of law review articles and lower court cases espousing individual rights.”
The document listed several scholars the N.R.A. was supporting. Decades later, their work would be cited in the Supreme Court’s landmark 2008 decision in Heller, affirming gun ownership as an individual right. And it would surface in last year’s New York State Rifle & Pistol Association v. Bruen ruling, which established a right to carry a firearm in public and a novel legal test weakening gun control efforts — prompting lower courts to invalidate restrictions on ownership by domestic abusers and on guns with serial numbers removed.
Key to those victories were appointments of conservative justices by N.R.A.-backed Republican presidents. By the time Antonin Scalia — author of the Heller opinion — was nominated by Reagan in 1986, the joke was that the “R” in N.R.A. stood for Republican, and internal documents from that era are laced with partisan rhetoric.
A 1983 report by a committee of N.R.A. members identified the perceived enemy as liberal elites: “college educated, intellectual, political, educational, legal, religious and also to some extent the business and financial leadership of the country,” inordinately affected by the assassinations of “men they admired” in the 1960s.
Lawmakers joining the board during that time — Mr. Ashbrook, Mr. Craig and Mr. Stevens — were all Republicans. Mr. Craig, a conservative gun enthusiast raised in a ranching family, would become “probably the most important” point person for the N.R.A. in Congress after Mr. Dingell, said David Keene, a longtime board member and former N.R.A. president.
“He was actually like having one of your own guys there,” Mr. Keene said in an interview.
He added, however, that a legislator need not have been a board member to be supportive of the group’s ambitions.
Mr. Craig did not respond to requests for comment, and Mr. Ashbrook and Mr. Stevens are dead. The N.R.A. did not respond to requests for comment.
Mr. Dingell, under increasing pressure as a pro-gun Democrat, faced a reckoning of sorts in 1994, when Congress took up an anti-crime bill that would ban certain semiautomatic rifles classified as assault weapons. He opposed the ban but favored the rest of the legislation.
A year earlier, he had angered fellow Democrats by voting against the Brady Handgun Violence Prevention Act, which imposed a background check requirement. This time, after intense lobbying that included urgent calls from President Bill Clinton, Mr. Dingell lent crucial support for the new legislation — and resigned from the N.R.A. board.
His wife, Representative Debbie Dingell, a proponent of stronger gun laws who now occupies his old House seat, said her husband faced a backlash from pro-gun extremists that left him deeply disturbed.
“He had to have police protection for several months,” Ms. Dingell said in an interview. “We had people scream and yell at us. It was the first time I had seen that real hate.”
Despite voting for the ban, Mr. Dingell almost immediately explored getting it overturned. Notes from 1995 show his staff weighing support for a repeal proposal, conceding that “a solid explanation will have to be made to the majority of our voters who favor gun control.”
‘Best Foot Forward’
Eric Harris and Dylan Klebold were too young to legally purchase a firearm, so in November 1998 they enlisted an 18-year-old friend to visit a gun show in Colorado and buy them two shotguns and a rifle. Five months later, they used the weapons, along with an illegally obtained handgun, to kill 12 students and one teacher at Columbine High School.
The massacre was a turning point for a country not yet numbed to mass shootings and for the N.R.A., criticized for pressing ahead about a week later with plans for its convention just miles from Columbine. That sort of response would be repeated years later, after a teenager killed 19 students and two teachers in Uvalde, Texas, and the N.R.A. went on with its convention in the state shortly afterward.
After Columbine, the organization mobilized against a renewed push for gun control. It had a new lawmaker-director to help: Mr. Barr, who had joined the board in 1997.
A staunchly conservative lawyer with a libertarian bent, Mr. Barr was among the House Republicans to lead the impeachment of Mr. Clinton. He served on the Judiciary Committee, which has major sway over gun legislation, and proved an eager addition to the N.R.A. leadership.
Mr. Barr wrote to another director with a standing offer to use his Capitol Hill office to ensure that any “information you have is cranked into the legislative equation.” Mr. Barr’s chief of staff sent the congressman a memo saying the gun group wanted him to review the agenda for a meeting on the “upcoming legislative session” and “make any changes or additions.”
The post-Columbine legislative battle centered on a bill to extend three-day background checks to private sales at gun shows, something the N.R.A. vigorously opposed, saying most weekend shows ended before a check could be completed. In the Senate, Mr. Craig engineered an amendment softening the impact, and Mr. Barr worked the House, earning them praise at an N.R.A. board meeting as “two people that put our best foot forward.”
The N.R.A. also turned to an old hand: Mr. Dingell.
Together, they came up with another amendment that narrowed the gun shows affected and required background checks to be completed in 24 hours or else the sale would go through. Publicly, Mr. Dingell argued that the shortened time window was reasonable.
But his papers include notes explaining that while most background checks are done quickly, some take up to three days because the buyer “has been charged with a crime” and court records are needed. Gun shows mostly happen on weekends, when courthouses “are, of course, closed.”
“It is becoming increasingly tougher to make our case that 24 hours is indeed enough time to do the check,” a member of Mr. Dingell’s staff wrote to an N.R.A. lobbyist.
Nevertheless, Mr. Dingell succeeded in amending the bill. He tried to win over his fellow Democrats with a baldly partisan message: “We’re doing this so that we can become the majority again. Very simply, we need Democrats who can carry the districts where these matters are voting issues.”
But his colleagues pulled their support. Representative Zoe Lofgren, a California Democrat who fought for the stronger bill, said she believed Mr. Dingell was “trying to make progress, and had, he felt, some credibility with the N.R.A. that might allow him to do that.”
“Even though what he wanted to do was far from what I wanted to do,” she said.
At the N.R.A., the collapse of the bill was seen as a victory. An internal report cited Mr. Dingell’s “masterful leadership.” A year later the group honored him with a “legislative achievement award.”
‘We Can Help’
Despite the victories, Mr. Barr saw bigger problems ahead. In memos to Mr. LaPierre in late 1999, he warned that the “entire debate on firearms has shifted” and advised holding an “issues summit.”
Specifically, he pointed to civil lawsuits seeking to hold the firearms industry liable for making and marketing guns used in violent crimes. Gun control advocates saw them as a way around the political stalemate in Washington — Smith & Wesson, for instance, chose to voluntarily adopt new standards to safeguard children and deter theft.
Mr. Barr had introduced a bill that would protect gun companies from such lawsuits, but lamented that “I have received absolutely zero interest, much less support, from the firearms industry.”
“We can help the industry through our efforts here in the Congress,” he wrote.
Mr. Craig took up the issue in the Senate, drafting legislation that mirrored Mr. Barr’s House bill. After Mr. Barr lost re-election in 2002, a new version of his liability law was sponsored by others, with N.R.A. guidance. To draw support from moderates, an incentive was added mandating that child safety locks be included when a handgun is sold, but N.R.A. talking points assured allies that the provision “does not require any gun owner to actually use the device.”
The political climate shifted enough under President George W. Bush and the Republican-controlled Congress that the assault weapons ban of 1994, which had a 10-year limit, was allowed to sunset, and the gun industry’s liability shield finally passed in 2005. The twin developments helped turbocharge the firearms market.
The private equity firm Cerberus Capital soon began buying up makers of AR-15 semiautomatic rifles and aggressively marketing them as manhood-affirming accessories, part of a sweeping change in the way military-style weapons were pitched to the public. The number of AR-15-type rifles produced and imported annually would skyrocket from 400,000 in 2006 to 2.8 million by 2020.
Asked about his early role in pressing the N.R.A. for help with the liability law, Mr. Barr said he believed the legal threat was significant enough “that the Congress step in.”
“The rights that are front and center for the N.R.A., the Second Amendment, are very much under attack and need to be defended,” Mr. Barr said. “And I defended them both as a member of Congress in that capacity and in my private capacity as a member of the N.R.A. board.”
Sensitivities
With each new mass shooting in the 2000s, pressure built on Congress to act, and the politics of gun rights became more polarized.
The N.R.A. lost another of its directors in Congress — Mr. Craig was arrested for lewd conduct in an airport men’s room and chose not to run again in 2008. But by then, the group’s aggressive use of campaign donations and candidate “report cards” had achieved a virtual lock on Republican caucuses.
That left Mr. Dingell increasingly marginalized in the gun debate. For a time, his connections were useful to Democrats; in 2007, after the shooting deaths of 32 people at Virginia Tech, he helped secure N.R.A. support to strengthen the collection of mental health records for background checks.
But by December 2012, when Adam Lanza, 20, shot to death 20 children and six adults at Sandy Hook Elementary School in Connecticut, any vestige of good will between the N.R.A. and Democrats was gone. When House Democrats created a Gun Violence Prevention Task Force, they included the 86-year-old Mr. Dingell as one of 11 vice chairs, but his input was limited.
Notes from a task force meeting in January 2013 show that when it was Mr. Dingell’s turn to speak, he joked that he was the “skunk at the picnic” who had set up the N.R.A.’s lobbying operation — the “reason it’s so good.” He went on to underscore the rights of hunters and defend the N.R.A., saying it was “not the Devil.”
A few days earlier, he had privately conferred with N.R.A. representatives. Handwritten notes show that they discussed congressional support for new restrictions and the N.R.A.’s desire to delay legislation:
“Need to buy time to put together package can vote for, and get support, also for sensitivities to die down,” the notes said.
Three months later, a bipartisan gun control proposal failed after implacable resistance from the N.R.A. It was not until June 2022, after the Uvalde shooting, that a major firearms bill was passed — the first in almost 30 years. The legislation, which had minimal Republican support and fell far short of what Democrats had sought, required more private gun sellers to obtain licenses and perform background checks, and funded state “red flag” laws allowing the police to seize firearms from dangerous people.
By the time Mr. Dingell retired from the House in 2015, his views on gun policy had evolved, according to his wife, who said he no longer trusted the N.R.A.
“I can’t tell you how many nights I heard him talking to people about how the N.R.A. was going too far, how they didn’t understand the times,” Ms. Dingell said. “He was a deep believer in the Second Amendment, and at the end he still deeply believed, but he also saw the world was changing.”
In June 2016, after 49 people were killed in a mass shooting at an Orlando, Fla., nightclub, Ms. Dingell joined fellow Democrats in occupying the House floor as a protest. When she gave a speech, in the middle of the night, she broached the difference of opinion on guns she had with her husband.
“You all know how much I love John Dingell. He’s the most important thing in my life,” she said. “And yet for 35 years, there’s been a source of tension between the two of us.”
Mr. Dingell, too, briefly addressed that tension in a memoir published shortly before he died. He recalled that as he watched a recording of his wife’s speech the following morning, “I thought about all the votes I’d taken, all the bills I’d supported,” and “whether the gun debate had gotten too polarized.”
“As Debbie had said with such passion the night before, ‘Can’t we have a discussion?’” he wrote. “And I thought about the role I know I played in contributing to that polarization.”
Julie Tate contributed research.
Mike McIntire is an investigative reporter. He won a Pulitzer Prize in 2022 for his reporting on the hidden financial incentives behind police traffic stops, and has written in depth on campaign finance, gun violence and corruption in college sports.
A version of this article appears in print on July 30, 2023, Section A, Page 1 of the New York edition with the headline: Lawmakers’ Files Reveal Secret History of N.R.A..
But they won’t survive without your attendance and support
By Ashton Lyle, July 31, 2023
Benicia’s annual 3rd of July parade is a treasured tradition for my family and many others in town. I remember fondly the many times I walked in the parade (beginning as a seven-year-old with the Benicia Stingrays), and later, the occasions I wandered main street festivities with friends. This year I again found myself strolling First Street, but for the first time, instead of watching the participants, I was concentrated on the sizable crowd gathered downtown and reveling in the beauty of Benicia’s community.
This is an increasingly rare opportunity for me, and not just because, like many others my age, I am increasingly separated from the town’s physical community. Alarmingly, this separation from one’s community is systemic, driven by a decline in community events like our cherished parade. The digital world has continued to encompass more of our lives and America’s towns have necessarily mirrored the expanding proportion of time we live and socialize online. The togetherness of community-wide events has begun to fade from contemporary life, and, in turn, our public interactions have naturally evolved to fit the controversy-focused digital medium they take place on.
Perhaps this explains how much of our relations with other Americans are characterized by discontent. As Americans have grown to become increasingly disconnected from the physicality of the humanity which surrounds us, we’ve grown increasingly polarized in our social and political worldviews. Add to this the public nature of digital communication, and it’s no surprise that acrimonious interactions have become a more visible part of daily life.
The injection of hostility into our relationships with our neighbors is an especially concerning development for the suburbs, where the nature of demarcated living only amplifies the human tendency to show elevated aggression towards strangers. Privacy and the near-total sanctity of one’s home, once reserved for the rural few, have become the standard of American life. Whereas multi-unit housing and city life, broadly constructed, requires constant concessions to the humanity of those around us, in the form of noises, smells, or even time (for example, spent waiting for a shared laundry machine to open), the suburban homeowner is the de-facto ruler of their private domain.
The shift towards understanding the ideal life as an increasingly individualized and private, separated from communal living, is now a cultural norm reflected in our public lives. While it forms a core tenant of the imagined “American Dream,” the perception of self-reliance is disconnected from the reality of living in a community, as each facet of suburban life, from its roads to its schools, is determined through collaborative community (i.e., political) processes. Even as our entertainment media and political discourse highlight independence and self-sufficiency as a value of the highest order, the reality of any number of anti-social tendencies in our society, from polarized discourse to indiscriminate violence, is indicative of the need to reconnect with those with whom we are building a shared future.
The need for community returns me to the 3rd of July parade. The parade, and events like it, are a beautiful reminder that the bitterness and alienation present in the online nature of contemporary life don’t need to transfer into real-life interactions. I’m heartened by the reminder that the discourse of Twitter, CNN, and even blockbuster films is still distinct from how Americans actually interact with each other and how Benicia residents can come together.
During such a controversial age, fostering a growing sense of community in Benicia is essential. I have written in previous columns about the material changes which could keep people in town, namely more housing and social opportunities to keep the existing community together while allowing for new, sustainable growth. But there is, of course, more to be done.
Community-wide events can only thrive with the broad support of residents and are therefore constantly under threat of disappearance. As the City of Benicia struggles to balance its budget, citizens now more than ever must manifest the necessity of city-wide events through their attendance. We can take our friends and families to one of the notable events hosted by the Parks and Recreation Department, for example, Movies Under the Stars. Shared community spaces, like the garden downtown, could be expanded to include new locations in other neighborhoods and the block parties I remember from years past, organized by good-hearted neighbors, can be resurrected. We can support the events of Benicia Main Street, such as the weekly Farmer’s Markets and the recent Waterfront Festival.
All these events work to bring the Benicia community into more frequent contact with each other, allaying the worst aspects of our increasingly digital existence. In a country increasingly defined by its discontent towards one another, pulling our community together, with space for difference and new voices, is a stand against the forces of division.
As people crowd movie theaters for “Barbie,” flock to stadiums to see sold-out Taylor Swift concerts and resume their annual trips to Europe, in what largely feels like a summer in the days before the pandemic, highly transmissible variants of the coronavirus have found ideal conditions to reemerge and infect people.
That’s why health officials say a subtle but sustained increase in key COVID-19 indicators is not unexpected. Emergency department visits, test positivity rates and wastewater virus levels in some areas signal a slight rise in infections, according to the latest figures from the California Department of Public Health and the U.S. Centers for Disease Control and Prevention. Meanwhile, hospital admissions across the United States are up by more than 10% from the previous week.
Kathleen Conley, a spokesperson for the CDC, said that the nation is still in a good place despite this increase.
“U.S. COVID-19 rates are still near historic lows after seven months of steady declines,” she said in a statement. “The U.S. has experienced increases in COVID-19 during the past three summers, so it’s not surprising to see an uptick.”
While the 7,109 hospital admissions nationwide reported for the week of July 15 marks the highest level since December, it remains significantly lower than the peak observed during the omicron surge last July, when weekly U.S. hospitalizations reached more than 44,000.
According to the state’s health department, as of Thursday, California reported an average of 858 COVID-related hospitalizations per day over 14 days, up by 7.4% since the beginning of the month, with an average of nine deaths per day over seven days, compared with five on July 1.
To date, nearly 1.14 million people in the United States have died because of COVID-19 since the onset of the pandemic. But the combination of vaccination and immunity from previous infections has driven down community transmission, while treatments such as the antiviral medication Paxlovid have helped significantly reduce the likelihood of severe illness and death due to COVID.
That progress led to the U.S. reaching a pandemic milestone last week as the rate of excess deaths — the number of Americans dying from any cause compared with statistical averages — fell to below 1% after growing to as high as 30% during previous virus surges, according to the CDC.
“The death rates are no longer different from the usual death rates at this time of year,” Dr. Bob Wachter, the chair of medicine at UCSF, said this week in a podcast interview for Medscape. “That is a remarkable achievement and says something about the state of the pandemic and the state of immunity, either from vaccines or from infection or both. And it’s worth celebrating. It’s worth going back to something that feels a little bit closer to normal than we’ve lived for the last three or four years. But you have to do it with your eyes open.”
In California, the coronavirus test positivity rate has jumped to 7.6% this week, compared with 4.1% a month ago. That figure is more indicative of trends than community penetration because so few people now get laboratory tests. Most now rely on home test kits whose results are rarely reported to authorities. Others have discontinued testing altogether.
“In the same way people stop wearing masks and throw caution to the wind, once they’ve run out of their home tests, are they going to go to Walgreens and spend $30 to buy some more?” said Wachter, who himself recently got COVID-19 after avoiding it for more than three years. “I’m guessing they’re not.”
There is no single variant driving the current increase in infections, as XBB.1.15 and XBB.1.16 have declined in circulation over the past two weeks, while newer omicron offshoots like EG.5, XBB.1.16.6 and XBB.2.3 are uniformly gaining traction. No individual variant accounts for more than 15% of the measured proportion.
The upturn is not limited to the U.S. Japan has experienced a rise in COVID-19 hospitalizations and emergency department visits for nine consecutive weeks, indicating the country may be entering its ninth waveof infections. But Europe is reporting flat numbers.
The World Health Organization continues to underscore that COVID-19 “remains a major threat,” as several countries grapple with high disease burdens. In its latest weekly update, the agency urged government leaders not to dismantle their pandemic response infrastructure.
The WHO noted that EG.5, a descendant of the XBB.1.9.2 variant, has an additional mutation that could aid its rapid global spread. However, it said there is “no evidence of rising cases and deaths or a change in disease severity associated with EG.5.”
Updated COVID-19 vaccines targeting the XBB.1.5 variant, which has been dominant in the United States throughout 2023, are expected to be available in late September, alongside this year’s flu shot.
“This is the new normal, and COVID will now be baked into the list of day-to-day risks that we all have,” Wachter said. “And all of us have to come to some sense of clarity of how we are going to live our lives in a way that’s fulfilling and maximizes joy.”
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