Winning Elections Against Autocrats

Opinion M. Gessen

This Is the Formula That Defeated Orban. It Would Defeat Trump, Too.

By M. Gessen

Visuals by Máté Bartha

M. Gessen, an Opinion columnist, and Mr. Bartha reported from Budapest.

  • May 29, 2026

Leer en español

Starting early in the morning on the second Saturday of May, first hundreds and then thousands of people gathered in the square in front of Hungary’s majestic Parliament building to celebrate the start of a new political era. This was the square where tens of thousands gathered in 1956 and 1989 to demand an end to the Soviet occupation and in 2006 to protest a discredited government. It was the square on which Prime Minister Viktor Orban’s regime imposed a major redesign more than a decade ago — with traffic rerouted away, a large reflecting pool and raised beds installed, narrow pathways laid down — apparently to ensure that no such mass gathering could take place again. Today it was the square where Peter Magyar, a former Orban loyalist, would be sworn in, promising a rebirth of democracy and liberty after 16 years of autocratic control.

Squeezing into the available spaces and gradually filling up nearby cafes and streets, the crowd absorbed people of all ages: young people who didn’t remember a time before Orban and who had voted in unprecedented numbers; aging intellectuals who didn’t think they’d ever celebrate their country again; multigenerational families who had arrived by bus after seeing Magyar in their hometowns and villages. During his campaign, Magyar had traveled to an estimated 700 locations, turning many of them into “Tisza islands” — outposts of support for his party. By the end, Magyar was holding five or more rallies a day.

It had looked like an impossible quest. Orban and his cronies dominated the media, persecuted and smeared opposition politicians and changed election laws to benefit his party, Fidesz. Orban had seemed to achieve what the Hungarian sociologist and political theorist Balint Magyar (no relation) calls “autocratic breakthrough” — the point after which it’s impossible to unseat an autocrat using elections. Illiberal politicians from other countries made pilgrimages to Hungary to learn from Orban; CPAC, the gathering for American national conservatives, started staging an annual convention there; and Vice President JD Vance visited Budapest in advance of the election, in a show of support for Orban. And yet Hungarians handed Tisza not just a victory but a constitutional majority, enough power to reverse Orban’s changes to Hungarian laws and institutions. The triumph was stunning — unique in our era of democratic backsliding — and it holds clear lessons for the United States.

One obvious lesson of Peter Magyar’s success lies in the scale, reach and relentlessness of his organizing network. “They had 2,000 Tisza islands with between 30,000 and 50,000 volunteers,” Balint Magyar told me, in evident awe. “Just in their call centers, they had 3,000 to 4,000 people in the last week of the campaign.” We talked two days before the swearing-in ceremony, at his office in the spectacular but largely empty building of Central European University. In 2018, Orban’s government forced most of the university’s operations into exile amid an antisemitic scare campaign focused on the Hungarian American philanthropist George Soros, the C.E.U.’s founder and principal funder. Some of Orban’s many other scare campaigns targeted migrants, “the Brussels elites” and L.G.B.T.Q. people. During the latest election campaign, billboards and A.I.-generated social media posts warned Hungarians they were in danger of being overtaken by Ukraine and only Orban could protect them. It should have seemed absurd — it was absurd — but outlandish xenophobic and antisemitic propaganda had served Orban well for years. It didn’t work against Peter Magyar — probably because so many Hungarians got to see him in person, many of them repeatedly. This is another lesson of his success: Old-fashioned in-person politics can be a powerful antidote to media fearmongering.

In his inaugural speech to Parliament, broadcast on giant screens set up around the square, Peter Magyar said that voters had handed him a mandate “not just to change the government, but to change the system. To start over.”

Magyar enumerated the ways in which Orban had damaged Hungary: a stalled economy in which a third of the population lives in poverty, inadequate health care, low-quality schools, child welfare institutions plagued by abuse, an atmosphere of hatred and fear. Orban’s regime had “stolen from the common good of the Hungarian nation — from the pockets of the Hungarian people, and from the tables of Hungarian children and the elderly,” Magyar said, “an estimated 20 trillion Hungarian forints,” or some $65 billion, over the last decade and a half.

Previous opposition politicians had described Orban’s regime as “corrupt,” a relatively mild term suggesting some aberration from the government’s intended function. Peter Magyar made no such accommodation. Borrowing a term coined by Balint Magyar, he has called it a mafia state — a fundamentally criminal enterprise. Third lesson: Don’t mince words.

Instead of shrinking away from direct confrontation, he fortified himself against it. By getting elected to the European Parliament, in 2024, he secured immunity from prosecution in Hungary. When rumors circulated of an intimate video that would be used to blackmail him, he went on the offensive, accusing Orban of using “Russian-style kompromat” (no video was released). Knowing that he would probably be blocked from registering a new political party, he took over one that had become dormant. Even more important, instead of trying to build coalitions among other parties, he focused on conscripting as many actual people as possible, from across the political spectrum, ultimately building a giant organization capable of taking down Orban’s political monopoly.

One could say — and some have — that Magyar won at least in part because he was a former insider of Orban’s Fidesz party. But my interlocutors in Hungary emphasized that Magyar’s credibility lay in the fact that he was not a member of the old opposition, whose policies had led to the discontent that made Orban’s rise possible and whose timidity had helped perpetuate Orban’s power. That’s a lesson, too: The person best positioned to break the power of Donald Trump would not be an anti-Trump Republican but an outsider to the Democratic establishment, someone who can credibly claim that Trump didn’t happen on his watch — a Graham Platner rather than a Thomas Massie.

For all his tireless work over the last two years, Magyar did not create his political machine from scratch. Like Zohran Mamdani, Magyar excelled at converting potential supporters into campaign volunteers. An existing news distribution service provided an initial skeleton of the organizing network. A panoply of grass-roots protest movements joined, too. On the day of Magyar’s inauguration, a parallel, smaller commemoration organized by the city of Budapest celebrated those organizations. One by one, people took the microphone to give a short speech about their cause and their part in the electoral victory: teachers who had organized against a unified state-dictated curriculum; a young man who spoke up against abuses in the child care system; a high school student persecuted for reciting an anti-Orban poem; organizers of Budapest’s L.G.B.T.Q. Pride celebration. The speakers stayed onstage, gradually forming a crowd of the kind — the many kinds — of ordinary Hungarians who had ended the Orban era.

That’s a fifth lesson: Grass-roots organizations that have little or no connection to electoral politics — in the United States, that might be the networks formed by the No Kings rallies, ICE-resistance groups and so on — can matter as much as or more than those already focused on winning votes.

Another lesson lies in the issues that motivated Magyar’s voters. Hungary’s economy is a mess, but post-election polling by Median, an organization that had predicted election results with uncanny accuracy, shows that voters saw corruption as the most important issue by far. Asked why they thought Orban had lost, 49 percent cited corruption, and only 18 percent thought it was the “worsening economic situation, rising cost of living.” The next three reasons cited were “lies” (15 percent); “fearmongering, war rhetoric” (11 percent); and “people got fed up” (10 percent). In other words, Hungarians seemed to see the damage that Orbanism had done to the nation as more important than any harm they felt they had suffered as individuals. They were united by a sense of moral outrage — “value choices,” as one person close to the incoming government described it to me.

Polls have consistently shown that even Fidesz voters generally want Hungary to stay in the European Union. Some surely just want the ease of travel and residency, but others probably have in mind the loftier ideals of the E.U., such as the rule of law, human rights and the essential purpose of the E.U., which is peace.

Hungary is one of the poorer countries in the union, and in the early years of his regime, Orban was able to use E.U. membership to secure funding, and thereby power, even as he railed against the Brussels bureaucracy. But in 2022, the European Union started withholding funding, citing corruption. And in 2024, after Hungary ignored a European Court of Justice ruling that compelled it to process asylum applications, the court ordered Hungary to pay 200 million euros and imposed a daily fine of 1 million euros. (When Orban refused to pay, Brussels deducted the money from E.U. funds earmarked for Hungary.) These actions didn’t just hurt the Hungarian economy — they also allowed Magyar to draw a causal connection between Orban’s policies and the well-being of ordinary voters. One of his major campaign promises was to unlock E.U. funding.

Hungary joined the European Union in 2004. The E.U. flag — 12 gold stars on a blue background — adorned the facade of the Hungarian Parliament building alongside the nation’s red, white and green standard. But Orban’s politics, like the politics of most autocrats, was the politics of grievance. Under his regime, the E.U. flag was removed and replaced with the flag of the Szekelys, a Hungarian minority that found itself living in Romania when World War I’s victors redrew the region’s borders. Orban’s symbolic gesture helped fan resentment against the E.U. and what he claimed were a new generation of attacks on Hungarian sovereignty.

Peter Magyar scheduled his inauguration for Europe Day — the 76th anniversary of the declaration that created the road map for a united continent. Before he was sworn in, the European flag was raised again. But the Szekely flag remained, signaling that Magyar seeks to represent all Hungarian citizens, including those who supported Orban. In some U.S. coverage, Magyar has been labeled centrist or right-of-center. What his politics actually are — and this is another lesson of his victory — is pluralist. (snip-MORE)

More For Pride:


Jessica Kellgren-Fozard
6 hours ago

Happy Pride Month lovely people! 🌈

https://www.youtube.com/post/UgkxzqP2DqFtvQK9iQBY8IblzyZ3IS6B7Kso


There is a great deal of peace & justice history for June 1, that includes Sojourner Truth, the Greenwood massacre, Nazis, Sen. Margaret Chase Smith, The Lord’s Prayer in public schools and SCOTUS, and even more; here for PRIDE I’m featuring Henry Gerber. The link for the entire date’s history is beneath.

June 1, 1932
Gay rights organizer Henry Gerber published an article in Modern Thinker magazine attacking the view that homosexuality is a neurosis.

In 1924, Henry Gerber, a postal worker in Chicago, started the Society for Human Rights, America’s first known gay rights organization.
“The Society for Human Rights is formed to promote and protect the interests of people who are abused and hindered in the legal pursuit of happiness which is guaranteed them by the Declaration of Independence, and to combat the public prejudices against them.”
After having created and distributed a newsletter called “Friendship and Freedom,” Gerber was arrested and held for 3 days without a warrant or being charged with any infractions. Upon release he lost his job for “conduct unbecoming a postal worker.”

Following the last of his three trials, in which the charges were ultimately dismissed, Gerber moved to new York City and re-enlisted in the U.S. Army, serving another 17 years. He lived until 1972, passing away at the the U.S. Soldiers’ and Airmen’s Home in Washington, D.C., living long enough to see the Stonewall Rebellion [see June 28, 1969], the beginning of the modern gay rights movement.
 More on Henry Gerber  (2 links; I’m including the 2d one because it’s a National Parks Services page, but it’s “in progress,” as we would expect in light of Exec. Orders…)

https://www.peacebuttons.info/E-News/peacehistoryjune.htm#june1

Some clips from The Majority Report on different subjects

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REPORT: Trump To Pull US Assets Set Aside For NATO

Putin must be so pleased with his US employee and asset.  This thin skined ego managi in dementia with a cult following and a terrified Republican Party has ruined all efforts to rein in dictatorships and authoritarian countries.  The only authoritarian country they attack is because it has the wrong religion for the religious part of the cult.  This tRump guy wrote love letters to the dictator of North Korea and bows deeply metaphorically to Putin, talking lovingly about autocrats around the world who push white supremacy and the Christian family values talking points.  But since his first term he has had it out for NATO seemingly at Putin’s behest.  He has refused to provide Ukraine with weapons and support again something Putin has been demanding.  tRump repeated Russian talking points of Ukraine starting the war with Russia.  He has constantly attacked NATO partners about funding not understanding that funding is not money put into a pot for NATO to use, the funding was what each country could / would put into the group in weapons, people, and equipment.  He is angry that NATO did not support the US illegal unprovoked war against a country who had not attacked the US.  But the NATO charter specifically mandates that they wouldn’t be required to do so in that case.  But the only time that article five was activated was for the US after 9-11 attack on the US.  tRump is not allowed to remove the US legally from NATO so this is a way he can legally do it with out really removing us from NATO.   I wanted to post the linked article but it required allowing adverts and I simply won’t do that.   Hugs 

REPORT: Trump To Pull US Assets Set Aside For NATO

That Public Notice About NDA’s for Government Workers:

Anyway, here it is, along with the link so we can make our comments (of course it is not hyperlinked on the page, we need to copy it and paste it into our browser. WP has made it a live link in this post, but it doesn’t work.) It’s our duty and a right we still have; if we do not use it, we will most certainly use it. I found out about this yesterday on MPS’s post; it just took me a bit to get to this.

You can find this here. (This hyperlink is good; I made it myself and it works.) It is a .pdf. The NDA notice begins in the lower right-hand column.

ADDRESSES: You may submit comments
using the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for sending comments.
The general policy for comments and
other submissions from members of the
public is to make these submissions
available for public viewing at https://
http://www.regulations.gov without change,
and including any personal identifiers
or contact information. Before finalizing
the NDA, OPM will consider all
comments received on or before the
closing date for comments. OPM may
make changes to the NDA after
considering the comments received.

Request for Comment
OPM welcomes public comments on
all aspects of the draft NDA, including
whether the Privacy Act statement’s
description of the authority, principal
purposes, routine uses, and effects
provide sufficient notice to employees.
The draft NDA is available in the docket
for this notice on regulations.gov. See
https://www.regulations.gov/document/
OPM-2026-0100-0003. OPM specifically
requests comment on the following
issues.

  1. What scope of information should
    be covered by the NDA? Should it cover
    only unclassified information? How do
    you understand the terms confidential
    and confidentiality in the context of this
    NDA? What customization of the NDA,
    if any, may be necessary for agencies to
    ensure it covers the appropriate
    information?
  2. Does the NDA clearly communicate
    the types of information that would be
    subject to non-disclosure requirements?
    If not, how could OPM better describe
    what information can or cannot be
    disclosed to ensure employees have
    appropriate notice of their
    responsibilities?
  3. Are there other statutes to which
    OPM should cite in Appendix A of the
    NDA when describing the nondisclosure
    requirements applicable to individuals
    working for or on behalf of the Federal
    government?
  4. Do you have suggestions regarding
    the layout or formatting of the NDA?
  5. Does the Privacy Act statement in
    the NDA provide sufficient notice to
    employees of the authorities, principal purposes, routine uses, and effects of
  6. the form?
  7. Does the OPM/GOVT–1 system of
    records notice provide sufficient notice
    that the government-wide system of
    records would maintain records related
    to the signing of, or failure to sign, the
    NDA?
  8. What are the appropriate actions, if
    any, for agencies to consider taking if
    existing employees choose not to sign
    the NDA?
  9. What are the appropriate actions, if
    any, for agencies to consider taking if
    new employees choose not to sign the
    NDA?
  10. Does the NDA clearly communicate
    the potential consequences of refusal to
    sign the form for both existing and new
    employees, along with whether signing
    the form is voluntary or mandatory?
  11. What else should OPM consider
    with regard to the NDA??
    OPM will consider comments
    received before finalizing the NDA.

Go Figure-Did They Cheat?

Maine Trans Sports/Bathroom Ban Referendum Invalid Over Signature Forgery Concerns And Improper Gathering

The initiative was funded by billionaire anti-trans donor, Richard Uihlein, and used out-of-state paid signature gatherers.

Erin Reed

On Tuesday, Maine Secretary of State Shenna Bellows ruled that a proposed ballot initiative banning trans students from school sports and bathrooms will not appear before voters this November. The billionaire-funded campaign initially submitted 79,692 signatures—well over the 67,682 required to qualify—and the Secretary of State’s office certified the question for the ballot in March. But indications soon emerged that the signature-gathering process was riddled with improper procedures and, in at least one documented case and potentially many others, outright forgery. After a court remand, an evidentiary hearing, and a sworn-testimony review of the petitions, 12,542 signatures were invalidated, leaving the campaign 532 short of the threshold. Barring an appeal—which is likely though its success is far from certain—transgender students in Maine can rest a little easier this election cycle.

The infractions are striking. One out-of-state circulator left his petition forms unattended at a Topsham polling place on Election Day—twice—allowing voters to sign without a witness present, in direct violation of Maine law. Another circulator did the same at a Saco polling place, leaving her table for extended periods while crowds of voters signed unwitnessed petitions. When asked under oath whether she had destroyed the unwitnessed forms as required, she said yes—but a photograph submitted into evidence showed one of those forms was in fact turned in for validation. Most troubling of all, an out-of-state signature gatherer paid per signature submitted forms that appear to contain outright forgeries: one voter listed on her petition testified under oath that she had never signed it and had never even heard of the initiative. After the Oxford town clerk flagged additional suspicious signatures, an Elections Division review compared every name on the circulator’s forms against voter registration applications—and concluded that every single one of her validated signatures should have been thrown out as signed by another person.

Based on the evidence, Bellows ruled Tuesday that the initiative had failed to qualify for the November ballot. The decision marked a reversal of her own March certification, when her office initially determined that the petition contained enough valid signatures to move forward. That earlier ruling was challenged in Cumberland County Superior Court by three Maine voters, who alleged that thousands of signatures had been collected in violation of state law. In April, Justice Deborah Cashman agreed that the original review had been incomplete and remanded the case back to the Secretary of State’s office for further factfinding, ordering a new determination of validity within thirty days. That process produced the May 12 evidentiary hearing—where witnesses, including town clerks and voters whose names appeared on petitions, testified under oath—and ultimately the decision invalidating thousands more signatures than the initial review had caught. Bellows adopted that recommendation in full.

The initiative would have done far more than what its sports-focused branding suggested. It would have defined a person’s sex for school purposes as “a person’s biological status as male or female recorded at birth on the person’s original birth certificate”—a definition that would have stripped transgender students of legal recognition in Maine schools. It would have required public schools to “maintain separate restrooms, locker rooms, shower rooms, and other private spaces for each sex,” extending the ban well beyond athletics and into every gendered space in a school building. It would have created a private right of action allowing any student to sue their school for “direct injury” suffered from a violation of the act, effectively turning every transgender student’s presence in a bathroom or on a sports team into potential litigation. And it would have specifically carved transgender students out of the Maine Human Rights Act.

The anti-trans signature drive was not a grassroots effort. It was bankrolled by Illinois billionaire Richard Uihlein, the co-founder of Uline office supplies, who donated $800,000 to fund the entire effort. Uihlein has given more than $250 million to political causes since 2016, and is a major funder of the American Principles Project, which routinely spends tens of millions on anti-trans campaign ads during election years. He is not alone: an independent analysis published by Atmos and HEATED found that 80% of 45 major anti-trans organizations in the U.S. have received funding from fossil fuel companies or billionaires. The Maine initiative was part of that broader pattern—an attempt by a small handful of extraordinarily wealthy donors to use direct democracy as a workaround in states where elected legislatures have refused to engage in anti-trans legislation.

The decision was greeted with relief by the LGBTQ+ coalition that has fought the initiative since the day it was filed. “Maine has strict rules in place to protect the integrity of our elections and our system of direct democracy. The paid, out-of-state signature gathers and the billionaire who paid to try to put this question on the ballot failed to follow the rules,” said David Farmer, campaign manager for the Campaign for Free and Fair Schools, the coalition led by EqualityMaine, GLAD Law, and the Maine Women’s Lobby. “We believe that the appeals process and the reviews by the Secretary of State are working as the law intends. They are protecting the integrity of our elections.”

The Maine ruling is not the end of fight. Similar billionaire-backed initiatives have been certified for the November ballot in Washington and Colorado, where voters will decide whether to bar transgender students from sports as well as medical care restrictions. Both efforts are also funded by conservative megadonors, and both are part of the same strategy that produced the Maine initiative: use ballot initiatives to roll back trans rights in states whose elected legislatures have refused to do so. The Maine anti-trans campaign is expected appeal Bellows’ decision to Maine Superior Court within the ten-day window the law allows.

Your Josh Day, Next Day!

DOJ v. Trans Kids’s Medical Care:

DOJ has escalated its attack on trans care for minors. Where could it be headed next?

As Rhode Island Hospital begins turning over documents to a far-right judge in Texas, a number of grand jury subpoenas have been issued and DOJ settled with one hospital.

Chris Geidner

Three weeks ago, on April 29, lawyers for Rhode Island Hospital responded to an email from a Justice Department lawyer in Washington, D.C., sent the day before, asking for a conference on next steps in addressing an outstanding administrative subpoena issued by DOJ to the hospital nearly a year earlier about its provision of gender-affirming care for transgender minors.

The next day, DOJ shifted tactics without even initially telling the hospital — going to court across the country to try and get an order enforcing the subpoena.

At least seven challenges to the invasive subpoenas had previously resulted in federal court rulings quashing the subpoenas or, at least, the parts of the subpoenas seeking identifiable patient information. In the wake of those losses — and as Acting Attorney General Todd Blanche took over the Justice Department — the strategy, as Law Dork has covered, began to shift to more aggressive tactics on multiple fronts.

The change has had at least one tangible effect already with regards to Rhode Island Hospital.

Beginning Tuesday night, at least some records responsive to the administrative subpoena were sent to a far-right federal judge in Texas who on Monday ordered the hospital to provide the records to him — although, for now, not to DOJ — while the hospital appeals his earlier ruling that the records need to be turned over to DOJ.

Any action on that earlier ruling, however, would appear to conflict with a later ruling from a federal judge in Rhode Island quashing the subpoena in full and barring DOJ from receiving any such records from the hospital — although the U.S. Court of Appeals for the First Circuit late Tuesday denied a request to take further action immediately to enforce that order.

This latest dispute, which has now involved four courts across the country, as well as related discussions in court filings and before a federal judge in Rhode Island, serve as a warning for transgender people, their allies, and the parents of trans kids about how aggressively the Trump administration is acting to advance President Donald Trump’s anti-trans policies and then-Attorney General Pam Bondi’s implementation of them — and where the administration could be going next in this attack.

That April 28 DOJ email to Rhode Island Hospital’s lawyers — in which David Gunn, a DOJ lawyer, referenced having been out of office for the past few weeks before asking for a conference to discuss the subpoena production — was a DOJ response to a February 4 email from lawyers from the hospital.

The hospital’s lawyer responded simply the next day: “We are happy to connect. Would Monday of next week work?”

The conference never happened because, on April 30, DOJ went to a friendly forum for them in the Northern District of Texas seeking to enforce the administrative subpoena, which, to be clear, was issued in D.C. to a Rhode Island entity. Going there meant the case had a good chance of and was, in fact, assigned to U.S. District Judge Reed O’Connor, a far-right judge with a history of anti-LGBTQ rulings.

Within hours, and before the hospital even had a chance to file any response, O’Connor granted the request — ordering the hospital to turn over the records within two weeks.

Over the past three weeks, there have been daily developments — and often multiple developments — shining an alarming light on what is happening.

Grand jury subpoenas

In addition to the order to enforce the subpoena in the Northern District of Texas, one of the two other most significant other development was the news — acknowledged by NYU Langone Health in accordance with New York law on May 11 — that it had received a grand jury subpoena for similar records that was issued in the Northern District of Texas.

Ethan Womble is listed as the person who sought the grand jury subpoena. He is, as of last month, an Assistant U.S. Attorney in the Northern District of Texas. (He was previously listed — as recently as February — as a trial attorney in the DOJ Criminal Division’s Fraud Section, although that health care fraud work does appear to have been based out of Texas.)

Womble and Ryan Raybould, the U.S. Attorney for the Northern District of Texas, were the only two lawyers on the DOJ petition to enforce the Rhode Island Hospital subpoena. They are both former O’Connor clerks.

The grand jury subpoena — which does not require judicial approval — was received by NYU Langone on May 7 (although dated May 6), and the date for compliance is June 10.

There is also evidence that other grand jury subpoenas were issued. In addition to NYU Langone stating that it was “one of several institutions that received a grand jury subpoena,” Law Dork previously reported that DOJ’s decision to withdraw its appeal of one of its administrative subpoena losses — as to Children’s Hospital of Philadelphia (CHOP) — came the same date that the NYU Langone grand jury subpoena was issued.

In a filing later on May 6 before the district court that had heard and granted the Philadelphia hospital’s initial request, the lawyers for CHOP were direct:

Just this morning, DOJ attorneys reached out to counsel for CHOP indicating that DOJ intended to dismiss its appeal, which has been proceeding in the Third Circuit since January and in which DOJ’s brief was due today. That development, along with DOJ’s unexplained effort to compel compliance by a Rhode Island hospital in the Northern District of Texas, suggest that DOJ may seek to end-run this Court’s jurisdiction over additional issues that arise involving the Subpoena.

Unlike the administrative subpoenas, which were challenged in the locations where the hospitals were located, challenges to the grand jury subpoena(s) would generally be in the Northern District of Texas — although lawyers will be looking for other paths.

It also should be noted that it is not yet clear what, if any, action beyond the issuance of the grand jury subpoenas has actually happened in the Northern District of Texas.

The Texas Children’s Hospital settlments

The grand jury subpoenas aren’t the only new development.

On May 15, DOJ announced it had reached a “resolution” with Texas Children’s Hospital in conjunction with a long-running investigation against the hospital by the Texas Attorney General’s Office.

Although DOJ presented the development as “the first resolution secured under the Department’s ongoing national investigation into violations of federal law in connection with” provision of gender-affirming medical care for transgender minors, Texas Attorney General Paxton only mentioned DOJ in one sentence and instead stated, “After a years-long investigation by the Healthcare Program Enforcement Division, Attorney General Paxton has negotiated a historic settlement that will help protect Texans.“ DOJ does cite agreements reached by the hospital with both federal and Texas governments.

In addition to ending the provision of such care, Paxton’s news release stated that Texas Children’s Hospital has agreed to “the creation of the country’s first-ever Detransition Clinic” and “pay $10 million for billing Texas Medicaid for unallowable and illegal ‘gender-transition’ interventions, including by using false diagnosis codes.“

In the DOJ news release, which only quotes Main Justice senior officials from D.C., it noted, “These matters and the investigations into sex-rejecting procedures (sic) on minors are being led by the Justice Department’s Civil Division Enforcement and Affirmative Litigation Branch and Commercial Litigation Branch, Fraud Section.”

There was no mention of the U.S. Attorney’s Office for the Northern District of Texas — or any district in Texas, for that matter — but the fact that the news releases are about a Texas hospital, DOJ’s release referenced what appears to be the same investigation at issue in both the administrative and grand jury subpoenas, and Texas’s release referenced one of the topics raised by DOJ in defending its subpoenas as allegedly supporting its investigation (improper billing codes) should not be glossed over.

For its part, Texas Children’s Hospital, in a statement to Law Dork, sounded a significantly different note than DOJ and Paxton’s office:

Over the last three years, we have cooperated fully with the Texas Attorney General and Department of Justice, navigating an unconscionable campaign of mistruths and mischaracterizations related to gender affirming care. We produced over 5 million documents and conducted multiple internal and external investigations. These efforts have required significant staff time and financial resources to defend ourselves. All reviews and investigations continue to support the facts – we have been compliant with all laws.

Today, we made the difficult decision to settle with the Texas Attorney General and the Department of Justice, closing a chapter that has been wrought with falsehoods and distractions. To be clear – we are settling to protect our resources from endless and costly litigation. This settlement will allow us to redirect those precious resources to focus on the life-saving care and groundbreaking discoveries of our exceptional clinicians and scientists.

Nonetheless, if DOJ proceeds with a grand jury investigation in the Northern District of Texas, these settlements could quickly become very relevant to DOJ’s claims.

What happened with Rhode Island Hospital

All of which brings us back to Rhode Island Hospital.

After O’Connor issued his initial order three weeks ago Thursday, the Rhode Island Child Advocate — responsible for oversight of children under the care of Rhode Island’s youth services — sought to quash the subpoena in Rhode Island.

U.S. District Judge Mary McElroy, a Trump appointee who had initially been nominated during the Obama administration, was assigned the matter. She denied DOJ’s initial request to move the matter to O’Connor and set a quick timeline for consideration of the request.

The hospital, meanwhile, sought to stay O’Connor’s order — first before O’Connor and then at the U.S. Court of Appeals for the Fifth Circuit. (Both were denied.) The hospital also joined the Rhode Island Child Advocate’s request, intervening and filing its own motion to quash the subpoena.

On May 12, McElroy held an explosive hearing — accusing DOJ of having misled the hospital; the court in Texas; as well as, potentially, the court in Rhode Island.

Highlighting the incredibly invasive plans potentially involved in DOJ’s effort, McElroy told the relatively new DOJ lawyer before her, Brantley Mayers, counsel to the Assistant Attorney General, “[I]t is ridiculous to say that you’re going to find 14- and 15-year-olds who are undergoing gender reassignment or gender treatment and question them about what was told to them by their doctor. How invasive is that?”

An amicus brief submitted by Lambda Legal Defense and Education Fund addressed the improper ways DOJ is employing the Federal Food, Drug, and Cosmetic Act and other “healthcare offenses” to attempt to justify this investigation, but every judge has, again, found the effort to be an “improper purpose” under the laws at issue — or, at the least, the patient-specific documents requested not to have been appropriately sought.

Regarding the timing of the filing in Texas to enforce the Rhode Island Hospital administrative subpoena in conjunction with the emails earlier that week, McElroy told Mayers:

I take a very negative view to playing fast and loose by telling people one thing and filing other things with the court, and then taking the position like, oh, well, we didn’t tell you, but we did tell you afterwards. That is dirty pool, in my opinion, and the Department of Justice have willfully done that in this case.

Mayers had joined DOJ in November 2025 after three clerkships and with virtually no prior practice experience, a fact highlighted by McElroy, who repeatedly suggested that she believed the new lawyer was set up to defend the actions without having hardly any actual knowledge of the underlying investigation.

Sitting at his side, however, was Deputy Assistant Attorney General Jordan Campbell, a more senior Texas lawyer who joined DOJ in June 2025 after having co-founded a law firm that states it is “proudly seeking justice for the detransitioner community nationwide.“

Specifically as to the grand jury subpoena, which was discussed because NYU Langone’s statement had come out the day before, McElroy warned:

[T]he problem I’m having here is that it’s pretty clear to me that this was shopped to Texas, that’s fine, you have the right to investigate wherever you want, but these indictments that come out of Texas, if they ever come, because every person has signed an affidavit in this court and is going to be before me to explain it if they don’t.

Mayers insisted there were reasons for the investigation being in the Northern District of Texas — and acknowledged part of the content of a secret declaration that was filed ex parte (meaning just with the judge) in DOJ’s opposition to Rhode Island Hospital’s request that O’Connor stay his order enforcing the subpoena.

This secret declaration from Lisa Hsiao, the acting director of the Enforcement & Affirmative Litigation Branch — who has filed declarations in most if not all of DOJ’s efforts defending the administrative subpoenas and which have drawn questions previously — was later provided to McElroy as well. Of that, Mayers acknowledged:

[H]ere were many reasons why the investigation is being carried on in the Northern District of Texas. As the affidavit that you received yesterday ex parte indicates, there are potential targets, potential witnesses there.

The reference to “potential targets” of the investigation being in the Northern District of Texas appears to be a significant piece of information as that proceeds.

In any event, the next evening, on May 13, McElroy issued her ruling, quashing the administrative subpoena in full and blocking DOJ from receiving the requested documents. She also repeatedly questioned DOJ’s actions in the opinion, writing at one point that “the discrepancy between the honorable conduct expected of federal prosecutors and DOJ’s tactics in this case is unsettling.”

DOJ, however, did not let it go — appealing the order the next day and informing O’Connor of the ruling. O’Connor, on May 15, ordered an in-person hearing in Texas on May 18.

Following that hearing came the May 18 order from O’Connor, concluding that “RIH has also sought to circumvent the authority of this Court and the Fifth Circuit and attempted to collaterally attack the Enforcement Order“ and ordering the hospital to turn over to the court “all materials that it would have turned over to the Government in compliance with this Court’s Enforcement Order“ on the condition that the materials would be “secured and held in camera, inaccessible to the Government for the pendency of the appeals.“

Additionally, O’Connor — responding to his conclusion about the alleged circumvention — purported to bar Rhode Island Hospital from seeking relief from his order in any court aside from his court, the Fifth Circuit, or the U.S. Supreme Court and from “cooperat[ing] with others in seeking relief“ from his order.


The First Circuit

That led to one last effort to hold things off, with the Rhode Island Child Advocate filing a motion in the First Circuit — where DOJ had appealed McElroy’s order — on May 19 seeking an injunction ordering Rhode Island Hospital “not to produce patient-identifying information or protected health information” in response to the administrative subpoena “to any person or entity pending resolution of this appeal or until further order of this Court.”

DOJ opposed the request, and later highlighted the fact that, in Rhode Island Hospital’s notice about its production, “RIH represents that, ‘[t]o the extent that records RIH intends to produce contain any patient information, RIH will anonymize and de-identify this information.’“ DOJ stated that “RIH’s stated plan to anonymize any documents filed in the Northern District of Texas today further undercuts the Child Advocate’s claim of imminent irreparable harm.“

In a short order issued a few hours later, the First Circuit essentially agreed, denying Rhode Island Child Advocate’s request because, the court stated, “We detect no such irreparable injury.“

The panel consisted of Judges Gustavo Gelpí and Lara Montecalvo, both Biden appointees, and Judge Joshua Dunlap, a Trump appointee who took the bench in 2025.

Notably, Dunlap issued a concurring opinion, highlighting “additional concerns regarding the request for an injunction pending appeal“ — including, he wrote, “serious questions about the merits of the district court’s decision.” This is contrary to the seven other federal judges to have ruled on the question and was an aside, but it is nonetheless notable coming from the one Republican appointee on the First Circuit.

The bigger problem, however, with the First Circuit’s ruling is what was missing.

The paragraph highlighted above seems to run counter to and with an almost blind ignorance to all that McElroy got on the record in her May 12 hearing.

This is a situation where DOJ has questionably, and without providing public evidence, claimed that it has moved an investigation to the Northern District of Texas, justifying invoking the court’s jurisdiction there to enforce an administrative subpoena issued many months before the investigation had a connection to the district and against an entity across the nation that had been in discussion with DOJ the day before the enforcement action was filed. Then, a far-right judge there granted the request sought by his former clerks and now has ordered the hospital to provide him with the information that every other judge has decided medical providers should not need to provide.

No awareness of that reality comes through in the First Circuit’s order. Although the caveats in the order do mean that renewed requests could follow and it certainly means nothing as to the hospital or Rhode Island Child Advocate’s chances on appeal in quashing the subpoena (Dunlap’s concurrence aside), the First Circuit’s presumption of regularity is particularly ill-suited here.

As McElroy wrote specifically in her order, quoting an Oregon colleague:

The Court cannot help but share the sentiment that “[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its word—with little doubt about its intentions and stated purposes—no longer holds.” United States v. Oregon, No. 6:25-CV-01666-MTK, 2026 WL 318402, at *11 (D. Or. Feb. 5, 2026). It is regrettable that this is now the case.

As DOJ continues with these escalations of its attacks on trans people — and the provision of medical care specifically — courts need to keep their eyes opened to the reality as McElroy saw and detailed it, not to the image of courts as they would wish things to be.

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How God Made the 10 Commandments

I really enjoy this creator and how he has done this entire series on the Christian god and the inconsistancies of the bible and the figures in it.  In this series the god is a self centered older teenager who only thinks of themselves and their needs/ wants.  The full series starts out with a future highly technological civilization having graduates from school take a psychological test as them an omnipotent being and their assistant is actually their teacher in real life.  But in this case “god” is so narcissistic it causes problems in the simulator they are all connected with.  But the series does show how narcissistic and only thinking of their feelings, wants, and needs this Christian god is.  Sadly the creator has moved on from making the series and the spin-offs from them as his main YouTube product but he still produces these videos which I am grateful for.  But try to remember that God is a student and Jefferies is in reality his teacher still trying to teach him how to be a good person.  Reverse the roles of the characters and you get the joke.  Hugs.  

 

 

Been Wondering About Kat Abughazaleh? Here Is News:

Kat Abughazaleh shows us how to fight fascists

Q+A with one of the Broadview Six, who had all charges dropped against them after grand jury misconduct.

Marisa Kabas

For the last seven months, Kat Abughazaleh wasn’t allowed to go to Alaska. It’s not that she had any particular reason to, but being under felony indictment meant that she was only allowed to travel throughout the lower 48 United States. And forget leaving the country. But on Thursday, those restrictions were suddenly lifted when all charges against her were dropped.

Abughazaleh, 27, woke up Friday a free woman. The former Illinois congressional candidate was charged in October along with five others for conspiring to impede an officer near the Broadview ICE facility just outside of Chicago. In reality, Abughazaleh and her co-defendants were there to protest the federal government’s increasingly public cruelty and the human rights abuses happening inside Broadview specifically, and broadly by ICE. The Trump administration, not surprisingly, did not appreciate their very public pushback and responded with brutality and violence. But with all charges against them now dropped, the only thing they’re an example of is why fighting fascists is good.

With the trial scheduled to begin just after Memorial Day, US district judge April Perry called an emergency hearing Thursday to discuss missing pieces of the trasncript from the grand jury proceedings where DOJ lawyers convinced jurors to indict Abughazaleh, her campaign field director Andre Martin, Michael Rabbitt, Brian Straw and two others who had the charges against them dropped earlier.

The case was already on the decline, with prosecutors dropping the felony charges against the remaining four in April as questions about the grand jury transcripts popped up. They still faced a full trial on misdemeanor charges and up to one year in jail. But Judge Perry ruled the DOJ’s handling of the grand jury and subsequent redactions constituted grave misconduct, making it impossible to move forward. 

I spoke with Abughazaleh by phone Friday morning about right wing fuckery, ridiculous rumors, and how she plans to reclaim her life after the federal government tried to destroy it. Our conversation has been edited and condensed for clarity.

MARISA KABAS, THE HANDBASKET: How did it feel waking up this morning?

KAT ABUGHAZALEH: I had to get up at like 5am to go on Morning Joe, but I woke up and I was like, oh yeah, I don’t have to go to trial this week—which is not a statement I thought I’d have to say ever in my life.

KABAS: Walk us through what you thought the next week or so was supposed to be like before yesterday’s hearing.

ABUGHAZALEH: I was supposed to have not just trial prep with my lawyers, but having to get my clothes dry cleaned. Going to get a manicure because my nails always always look awful. I spent way too long at a Nordstrom Rack picking out shoes that I thought looked fashionable but also modest and wouldn’t make jurors think I was a bitch. On Tuesday we were supposed to have jury selection. On Wednesday we were supposed to have opening arguments, which is a shame that we don’t get to hear our lawyers spit absolute fire. But yeah, it’s nice not to do it in the first place.

KABAS: Absolutely. So what do you think you’re gonna do instead?

ABUGHAZALEH: I have a 12-hour live stream tomorrow to raise money for our legal funds because, despite not having to go to trial, we’re still picking up the pieces of our lives both emotionally and financially. Every single one of us as co-defendants, we have very real fears of bankruptcy and being in debt for the rest of our lives because of this. And then, I don’t know, sleep a bunch. Get my passport renewed, something that I couldn’t do for the last seven months. I couldn’t even go to Alaska.

KABAS: Are you serious? Could you go to Hawaii?

ABUGHAZALEH: No, just the lower 48. Couldn’t even go to Puerto Rico.

KABAS: So this has really restricted your movement as a human being for the last seven months.

ABUGHAZALEH: Yeah, and it’s something that’s really scary, especially as the government gets more and more aggressive, just being like, oh, you’re stuck here no matter what happens.

“Kat” Abughazaleh speaking after today’s crazy developments in the “Broadview 6” case

Jason Meisner (@jmetr22b.bsky.social) 2026-05-21T18:47:13.356Z

KABAS: So when did you get a sense that things might be changing this week?

ABUGHAZALEH: So we’ve been requesting to see the grand jury transcripts or just have the judge look at them for months. And ahead of trial Chris Parente—Brian Straw’s lawyer—just asked the judge, “Can you just look at the unredacted version?” And her understanding was that the redactions were referring to some IT issues, and the prosecution had never corrected her. So she looked at the unredacted transcript and then called a hearing the next morning. And it was sealed. Now the transcript is public

She was saying “I’m not sure that the charge will get dismissed without prejudice because there’s not a lot of precedent for that, especially for a misdemeanor.” And then we broke for an hour for the government to talk it over, and then they came in. I remember one of my lawyers looking at me as one of the government’s lawyers [Andrew Boutros] started talking, and she just turns to me and says, “Congratulations.” And I went, “What?” And then Boutros said, “dismissed with prejudice.” [Meaning the case was permanently closed.]  And it was just surreal. Absolutely surreal.

KABAS: Did you have a sense of where things were heading or were you totally shocked by the outcome?

ABUGHAZALEH: I truly did not think it would get dismissed yesterday. I did not want to get my hopes up. I thought that we were going to trial for sure, just because it’s very unusual to try a federal misdemeanor. I knew we would win in that case, but I was completely shocked.

KABAS: How do you think this will change or impact anti-ICE protests and prosecutions in the future?

ABUGHAZALEH: I hope that it does have impact. It was meant to intimidate us into silence, and none of us took a deal. None of us sold each other out (not that there was anything to sell each other out on.) But, you know, we were charged with conspiracy. We were facing like 10 years in prison. 

(snip-there is MORE, but this is already a long post, and I’m a free subscriber to Handbasket, and don’t want to just lift their work. Click on through!)