National News

A House Republican berated Smithsonian history director Anthea Hartig, suggesting that historical 'oppressors' should receive more celebration.

Rep. Tim Burchett (R-TN), chair of the House Oversight subcommittee on Delivering on Government Efficiency, called the hearing Tuesday to challenge how the National Museum of American History tells the nation's story.

It marked the first time a top Smithsonian leader had been publicly grilled by Congress since President Donald Trump signed an executive order directing officials to "remove improper ideology" from the institution's museums.

Burchett opened Tuesday's session by accusing the museum of having "become infected by a woke ideology that has seeped into public displays, educational materials, and planning documents."

"But in the museum's current telling, history is just an ongoing power struggle between oppressors and the oppressed," Burchett said. "Only the oppressed are celebrated, especially illegal immigrants."

Burchett then challenged Hartig over exhibits on "race, identity, gender, and sexuality."

"Yes, sir," Hartig replied. "We strive to create a museum where our visitors will be inspired by the collections, programs, and exhibitions, and they will choose what they each will do to keep our American democracy strong and vibrant, and they'll play that chosen part with passion. That is our hope."

Burchett pointed to images he had posted on a display board behind him, describing what he called sexually explicit content in museum exhibits.

"You have pictures of bondage," the lawmaker complained. "You have some overtly sexual things up there. You have transgender folks...?"

"The exhibition and project you're referring to is Girlhood: It's Complicated, which was a temporary exhibit in our museum that closed —" Hartig began.

"Ma'am, I didn't ask you that," Burchett cut her off. "I asked you: do you think it is appropriate?"

Hartig said the exhibit had featured, with the author's permission, a 13-year-old's diary that covered sleepovers, Latin class, and math exams. She said the exhibit carried a parental advisory label at its entrance.

"Do you think that is appropriate for a child to see? Yes or no?" Burchett pressed.

"I understand your question, sir," Hartig said.

"No — don't. You're not answering. You're just running on, ma'am," Burchett shot back.

In his closing moments, Burchett cited three statements he attributed to Hartig — that America was founded on "the supremacy of white men," that loving America is "very complicated," and that the nation's 250th anniversary is worth "problematizing."

"It is the honor of my career to serve as the Elizabeth MacMillan Director of the National Museum of American History," Hartig replied when asked if she should continue leading the museum.

A law professor flagged a legal theory from a Trump amicus brief that he says would let foreigners bring enslaved people into the U.S.

During an interview on the Legal AF podcast, legal expert Paul Gowder talked about American legal scholar Richard Epstein and an argument he made in an amicus brief filed in Trump's birthright citizenship case. Earlier this month, the Supreme Court ruled against Trump's bid to end birthright citizenship, and Epstein filed the brief on Trump's side.

Gowder explained that Epstein argued that the phrases "subject to the jurisdiction" and "within the jurisdiction" have different meanings in the Constitution. Epstein observed that the phrase "subject to the jurisdiction" is used in the 14th Amendment, which guarantees birthright citizenship, and the 13th Amendment, which abolished slavery.

Epstein interprets that to mean that those two amendments can only apply to people who are members of society in the United States, or "subject" to the jurisdiction, not simply within it, according to Gowder.

"Richard Epstein wants to read 'subject to the jurisdiction' to mean like in more control of the U.S., basically a member of the U.S. community, not somebody who's just passing through," Gowder explained.

That would allow Epstein to argue, "We can read the 14th Amendment to exclude tourists and to exclude undocumented people," Gowder said. But with slavery and the 13th Amendment, "he just, like, embraces the notion that therefore the 13th Amendment must mean that if somebody from a country that has legal slavery comes to the U.S. as a tourist, they can bring their slaves with them," Gowder explained.

"Like, what?" Gowder said in dismay as he described Epstein's idea as "slave tourism."

Gowder stressed that Epstein isn't a fringe legal scholar and described him as a "very, very famous NYU law professor, worshipped by the [Federalist Society], like basically, for a certain kind of right-wing thinker, people on the right often think he's like the greatest legal mind of his generation."

However, for Gowder, Epstein is "completely nuts."