A reader sent the following email today:

I think a lot of people are struggling with how to talk about Charlie Kirk’s views and words, which were often hateful and dismissive of gun violence. Do you have any advice or wisdom to share? Hope you can address this in your Substack.

Here’s how to talk about Charlie Kirk’s politics: Speak the truth at all times, while being respectful of the tragic loss suffered by his family and friends:

Kirk’s assassination was an abhorrent, vile act that has no place in America.

Kirk espoused views that sought to deny the equality of some Americans based on their gender, sexual identity, and religious and political beliefs.

Kirk’s views did not justify the political violence that took his life.

Trump and MAGA are using Charlie Kirk’s assassination to muzzle Democrats, independents, and Republicans who oppose Trump. Trump’s strategy is simple: Treat all discussion of Charlie Kirk’s views and activism in life as a “celebration” of his tragic death.

Nothing could be further from the truth.

The Democratic establishment has appropriately shown a degree of respect, dignity, and empathy regarding Kirk’s death that has been conspicuously absent in Republican treatment of Democratic politicians who have been the subject of political violence.

It is true that there are extreme voices on social media that are promoting abhorrent, disgusting memes about Kirk’s death. All decent Americans should condemn the basement-dwelling keyboard cowards who post anonymous, hateful views. Social media is crawling with malicious, petty thugs; indeed, it is possible that trolls constitute the majority of social media users. Those bottom feeders do not belong to any party or ideology. They contaminate every cause they hijack, using them as vehicles for picking fights and dragging people of good faith into the cesspools of the internet.

But those trolls have nothing to do with the “Democratic” response to Charlie Kirk’s killing. Elected Democrats have, without exception, condemned political violence in America and expressed sympathy for Charlie Kirk’s family. The fact that the revenue model of social media thrives on goons who pick fights by insulting people is not a problem of the Democratic Party. Or the Republican Party. Or of any ideology or belief system that is exploited by trolls to spread division and hate.

What, then, should we do? We should continue to speak the truth at all times, recognizing that there are particular moments when speaking the truth is not socially acceptable. We have all been there: Listening to family members and friends eulogize the deceased who sounds in death nothing like they were in life. It is a social convention, and one that exists for good reason.

But Democrats are not obliged to cease political discussion of issues that were part of Charlie Kirk’s message. Indeed, over time, Kirk’s message of Christian conservatism morphed into Trump’s MAGA Agenda—a shift that caused a rift between Turning Point USA and other conservatives who focused on more Reaganite conservative principles. (The disputes in the conservative movement are endlessly complex; do not accept my simplistic distillation as anything other than a generalization.)

Per Wikipedia, Charlie Kirk embraced Trump’s positions on abortion, gun control, DEI programs, and LGBTQ rights. The Wikipedia entry (as of 9/15/2025) continues,

His more controversial views included his criticism of the Civil Rights Act of 1964 and Martin Luther King Jr., his promotion of COVID-19 misinformation and false claims of electoral fraud in 2020, and his opposition to immigration.

Obviously, Democrats, independents, and Republicans who oppose Trump will do so by running on every issue outlined above in 2026 and 2028. Just as obviously, it seems clear that Republicans plan to make Charlie Kirk a political avatar on those issues. If they choose to do so, they are exercising their free speech rights—just as we should exercise our free speech rights in saying that Republicans, including Charlie Kirk, are wrong on the issues.

On Monday, Vice. President JD Vance declared that the Trump administration would seek to punish “liberal organizations” that he claimed had “celebrated” Kirk’s assassination. But when asked for details, Vance pointed to the Ford Foundation, George Soros, the Southern Poverty Law Center, and The Nation Magazine, which he claimed misrepresented Charlie Kirk’s views. See Democracy Docket, After Kirk Murder, Trump and Allies Vow to ‘Destroy’ Progressive Groups.

Per Democracy Docket, the Vice President said,

Reacting to Kirk’s death, Trump administration officials, including Vice President JD Vance, vowed to investigate and dismantle left-leaning non-profits that they claim — without evidence —fund and promote violence in the U.S. [¶]

The organizations named by Trump officials and other top Republicans include the Open Society Foundations, a progressive grant network founded by Democratic megadonor George Soros, the Southern Poverty Law Center, which tracks right-wing extremism, and the Ford Foundation, another progressive philanthropic organization.

The extraordinary threat by the Vice President to use the power of the federal government to “dismantle” organizations because of their perceived liberal stance is antithetical to the founding principles of the Constitution. Americans broke free of Great Britain to ensure the right to engage in speech unhindered by the political persuasion and tender feelings of the monarch.

Democrats and “progressive” organizations must push back in unison. There can be no daylight between the Democratic Party and the liberal organizations. There must be no compromise on issues of free speech, the right to free association, and the right to petition the government over grievances.

We are in this mess, in part, because the world’s most powerful law firms surrendered to Trump in advance. The firms prioritized maximizing profits over protecting the democracy that allows them to flourish. By collapsing before the first legal volley was exchanged, the following firms told Donald Trump, “We are cowards, take what you want, but leave our money alone.”

As a reminder, the capitulating firms include: Kirkland & Ellis, Latham & Watkins, Simpson Thacher & Bartlett, A&O Shearman, Cadwalader, Paul Weiss, Skadden, Milbank, and Willkie Farr & Gallagher.

And as a happier reminder, the firms that resisted Trump (and won) include Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey

Here’s the bottom line: We should speak the truth about the MAGA agenda advocated by Trump and Charlie Kirk. There is nothing about Charlie Kirk’s tragic death that changes the substance of his message. We are not required to refrain from criticizing his views, because they are Trump’s views—and they remain fundamentally antidemocratic, unjust, and intolerant. We don’t have to disagree with Charlie Kirk. We can disagree with Donald Trump and every Republican who has surrendered in advance to his autocratic ambitions.

[Late-breaking update: Trump has sued the New York Times for $15 billion for defamation, claiming that it is a “virtual mouthpiece” for Democrats. See The Guardian, Donald Trump says he is bringing $15bn lawsuit against New York Times.

Who is going to break it to Trump that “being a mouthpiece” for Democrats is not defamation but is instead the type of political speech that the First Amendment was designed to protect? Three guesses, and none of them are “John Roberts.”

The NYTimes is in this predicament because ABC, CBS, WaPo, and LA Times surrendered to Trump without so much as a whimper.]

D.C. Appeals Court allows Fed Governor Lisa Cook to remain in her job

In another loss for the Trump administration, a three-judge panel of the DC Circuit Court of Appeals denied the Trump administration’s request to dissolve a preliminary injunction ordering that Lisa Cook remain in her position as a Federal Reserve governor. The opinion is here: Cook v. Trump | 2025-09-15.

The gist of the opinion is that the Trump administration failed to provide Cook with *any process—*much less due process—in terminating her for cause. A Trump-appointed judge dissented, noting that the allegations of mortgage fraud could lead to a felony conviction, providing sufficient “cause” for Trump to fire her.

The dissenting judge, Gregory Katsas, served as a Clarence Thomas law clerk and was appointed by Trump. Imagine if Judge Katsas’s view that mere allegations are enough to justify removal for cause were applied to his old boss, Clarence Thomas?

But I digress. The reason that “some” process is due to Lisa Cook is that it appears that Trump’s claim of “mortgage fraud” is a lie. See Market Watch, Fed governor Cook reportedly declared second residence as vacation home, contrary to Trump claim. Trump had claimed that Cook declared two separate residences as her “primary residence” in order to obtain preferential interest rates on loans for each property.

Now that it appears that Trump lied about the basis of the “for cause” claim against Lisa Cook, Judge Greg Katsas’ approach of “fire, ready, aim” is shown to be an unconstitutional exercise of executive power.

Of course, as I write, there is still time on Monday evening for the Supreme Court to dissolve the preliminary injunction by removing Lisa Cook from the Federal Reserve before the rate-setting decision on Tuesday. Stay tuned!

US military again kills alleged Venezuelan drug smugglers on high seas

For the second time in two weeks, the US military has destroyed an alleged Venezuelan drug boat on high seas. See NYTimes, U.S. Strikes a 2nd Venezuela Boat, Killing 3, Trump Says. (Accessible to all.)

Per the NYTimes article, Trump apparently signed a secret order several months ago authorizing the US military to intercept and destroy ships on the high seas.

Here’s the problem: Smuggling drugs is a crime, not an act of war. Due process applies to those accused of violations of the US criminal code. Killing accused drug smugglers before indictment, trial, and conviction is an “extrajudicial killing”—frequently called “murder.”

As noted by the Times,

The Trump administration has not offered a detailed legal theory about why it is lawful — and not murder or a war crime — to summarily kill people who are suspected of a crime when the U.S. Navy and Coast Guard could instead have interdicted their boats and potentially arrested them for prosecution, as they have long done in the Caribbean. [¶]

“The administration has not even seriously tried to present a legal argument to justify the premeditated killing of the people aboard these two vessels,” said Brian Finucane, a former State Department lawyer and specialist in the laws of armed conflict who has written critically about Mr. Trump’s earlier strike. “The U.S. president does not have a license to kill suspected drug smugglers on that basis alone.”

Until the attacks against alleged Venezuelan drug smugglers, no US president has ever claimed the power to kill drug traffickers on the high seas. See US Naval Institute, Drug Boats: Where Questions of Lethality and Legality Meet.

Per the US Naval Institute,

Until now, no U.S. administration had authorized the destruction of a suspected drug vessel at sea, without warning or boarding. Such action is contrary to international law.

Officers and enlisted personnel are subject to prosecution under the Uniform Code of Military Justice, which defines murder as the “premeditated” killing of another without justification. See 10 U.S. Code § 918 - Art. 118. Murder.

Anyone committing murder of civilians on the high seas would likely be guilty of a war crime. See The Rome Statute, which defines war crimes to include “intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities.”

Those who are carrying out the extrajudicial killings should examine their consciences and consult a lawyer. While the S

upreme Court has granted Trump immunity from criminal liability, that immunity relates only to US crimes—not to war crimes. And Trump cannot pardon US citizens from international war crimes.

Opportunities for Reader Engagement

Please join me (Robert Hubbell) on Thursday, September 25 at 4pm PT/7pm ET for a Back-to-School fundraiser for The Civics Center–the nonprofit that is focused on making voter registration part of high school life so that young people can appreciate democracy and begin voting as soon as they are old enough. The event signup is here.

There is a huge opportunity to boost youth turnout right now in anticipation of important statewide elections in CA, NJ, PA, and VA. This is also a critical time to invest in anticipation of the 2026 midterms. 4 million high school students will be graduating next Spring, and almost all of them will be old enough to vote in the midterms. TCC is raising critical resources to put the programs and systems in place to support its year-round, youth-centered model and reach them this school year so they will be ready to vote next November.

If you don’t know about TCC’s work, I encourage you to check it out. The founder is Laura Brill, a lawyer, a mom, and a former law clerk to Justice Ruth Ginsburg. We’ll be joined by TCC staff to hear firsthand about bringing democracy to life for high school students across the country. TCC has a challenge grant of $25,000 for gifts made in the second half of September, so I encourage you to donate at the above link, even if you cannot attend.

Concluding Thoughts

Readers responded enthusiastically to my request for photos of pro-democracy rallies! See below! Keep them coming! They are inspiring!

Below, the Los Angeles Spanish language newspaper, La Opinion, with the headline, “Apoyo Gringo” (“Help from Gringos,” in context, “Gringo” is a term of affection). The article discusses the efforts a Volunteer Brigade that is bringing attention to the administration’s deportation policies. Although La Opinion is based in Los Angeles, it is the most widely read Spanish newspaper in the U.S.

Sonoma, CA

Connecticut, Route 20

Plateville, WI

Portland, ME

Below, in the Milky Way Galaxy (our home), two stars of different temperatures try to get along!

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