Questions to A Congressman

Five Questions with Congressman Dan Goldman

– by Joyce Vance

Civil Discourse

Dan Goldman represents New York House District 10, which includes Brooklyn and Manhattan. He starts his second term as a member of Congress in January.

Readers of Civil Discourse will remember the Congressman from before he was elected because we watched him serve as lead counsel in Donald Trump’s first impeachment trial. Before that, he was a legal analyst on MSNBC.

But, my favorite story about Dan doesn’t come from our time working together doing television commentary or even his time in the U.S. Attorney’s Office in the Southern District of New York as a highly regarded prosecutor. It comes from an afternoon during the pandemic when he agreed to talk with one of my seminar classes at the law school about the importance of prosecutorial discretion, the power prosecutors have to decide which cases get prosecuted. Midway through, one of his five children walked into the room and asked what he was doing. He casually put an arm around her as she sat down on the couch next to him, introduced her to my class, and went on with the conversation.

That level of confidence and comfort in blending family and work life with ease is rare. The Congressman’s ability to do it looks natural because it is. He’s one of those people you’re delighted to see run for office. We are all better off when Congress is populated with committed public servants, even if they don’t represent the district you live in. Congressman Goldman joins us tonight to share his assessment of what we’re up against when Donald Trump returns to the White House and his optimism about what he thinks we can accomplish, nonetheless, during this time.

“Five Questions” is a feature for paid subscribers, my way of thanking people who are able to support this work so that I can devote the necessary time and resources to it. I appreciate everyone who reads the newsletter and works to stay informed, so free subscriptions, with access to all of the other posts, will always be available. Thank you for engaging in the hard but essential work of civil discourse at this critical time in our nation’s history.

Joyce: Let’s just dive right in. What are your biggest concerns about the second Trump Administration?

Congressman Goldman: I have two primary concerns, both (not surprisingly) relating to Donald Trump’s potential abuse of the power of his office. The first is whether and to what extent he follows through on his promise to exact retribution against anyone and everyone who has wronged him. With the Supreme Court’s Trump v. United States decision granting him near-blanket immunity from criminal prosecution, he is doubtlessly emboldened to escalate his efforts to use the DOJ as a political cudgel against his adversaries.

Although you and I both know that it takes a lot of credible and admissible evidence to charge a criminal case in a Grand Jury, Trump’s second choice for AG, Pam Bondi, has previously threatened retribution in a second Trump term. Simply initiating an investigation can financially bankrupt a lot of people, including career public servants like Jack Smith. Additionally retribution within the Executive Branch – which we saw Trump do with Alexander Vindman and other witnesses in his first impeachment – will be much easier to accomplish than a criminal prosecution. Trump is already paving the way to use the Executive Branch as his political fiefdom with his unqualified, incompetent nominees for many cabinet positions.

The second concern is interrelated: Schedule F. This executive order would essentially eliminate employment protections for career government employees and public servants who make our government run day-to-day. By purging the DOJ of career prosecutors, firing apolitical intelligence experts from the intelligence community, terminating experienced diplomats and foreign service officers in the Department of State, and ridding the Department of Defense of officers who adhere to the Constitution, Trump will dramatically endanger our national security.

With political lackeys leading these critical departments, and career professionals replaced by more political lackeys, there will be no guardrails to prevent the DOJ from investigating political opponents, journalists, or people who simply disagree with Trump. We will lose sources and methods within our intelligence community, as well as allies who share critical intelligence with us, thereby significantly escalating risks to our national security. Our Department of State will lose experienced, nonpartisan diplomats who ensure that our relationships with both our allies and our adversaries are moving in the right direction, thereby breaking down our alliances and further isolating us from the rules-based world order. Finally, there will be nobody in the Department of Defense to stand up to Trump and tell him that he cannot use our military to disburse a protest he doesn’t like, as Secretary Mark Esper did during Trump’s first term.

We do have one final check on this effort to dismantle our democracy and roll back our individual rights and freedoms: Senate Republicans, who take an oath to the Constitution, not to Donald Trump. They must uphold their oath as they use their advice and consent responsibility to properly vet and vote on cabinet secretaries. Sadly, they may be the last line of defense for our democracy.

Joyce: Democrats in the House will likely be in the minority for the next two years. What do you expect to be able to accomplish, and how important do you think playing defense against some of Trump’s worst ploys will be?

Congressman Goldman: Over the next two years, House Democrats must – and will – stand up for the Constitution, individual freedom, and the rule of law. There are many ways to analyze the recent election, but one thing is clear: Americans did not vote for Donald Trump to dismantle our democracy or continue to roll back our constitutional rights.

In my view, Trump won because he convinced voters that he would be a better president for working Americans. He is inheriting an economy from President Biden that is firing on all cylinders, but working Americans are expecting results. His policies of tariffs and tax cuts for billionaires and large corporations, however, will not accomplish that goal.

What can accomplish that goal are policies that increase the housing supply and lower rents, invest in affordable childcare, raise the minimum wage, and reduce the cost of prescription drugs – all policies supported by Democrats and opposed by Republicans. If Trump actually intends to keep his campaign promises, then we will be ready to work on these issues in a bipartisan way. If not, we will hold him accountable.

I also hope to continue pushing legislation in areas that have traditionally received bipartisan support, such as mental health and criminal justice reform. And one area I am hyper-focused on is renewable energy, which should be a bipartisan issue.

Democrats have traditionally pushed clean energy because of its significant environmental benefits. But there is a strong case for investing in alternative energy sources that is entirely separate from climate considerations. Republicans constantly push for “energy independence,” but even if we drill for enough oil in the United States to supply enough energy for the country, oil prices are still susceptible to the malign influence of adversaries such as Iran, Russia, and China. On the other hand, if we generate energy at home through alternative sources such as wind, solar, and even nuclear, then we can truly achieve energy independence.

We need to continue to invest in, and streamline, the process of creating clean energy at home. I am hopeful that American oil and gas companies will recognize the economic case to invest in alternative sources of energy, as European oil and gas companies have done. If not, we will cede this entire new growth industry to China, which is investing heavily in clean energy around the world.

Joyce: Protecting democracy is obviously going to be an all-hands-on-deck effort for Americans. Off of Capitol Hill, who do you think your most important partners will be? Civil rights organizations, pro-democracy organizations, and Democratic governors and attorneys general all gearing up for the work ahead of us. Do you think all the right resources will be in the room when we need them?

Congressman Goldman: Trump’s cabinet picks confirm his intention to implement Project 2025 and turn the federal government into his personal fiefdom, and we will need to have a coordinated and unified front to stop him from doing so. Many state attorneys general have been preparing to combat Project 2025, and we will undoubtedly have to actively use the courts to do so. Democratic governors and legislatures must also insulate our fundamental constitutional rights and freedoms from Trump’s likely attacks.

We will also need pro-democracy and advocacy organizations to mobilize and organize, but in a strategic and intentional way. We learned from the first Trump administration that we cannot chase every crazy thing Trump says. Instead, we need to be measured and focused on dangerous actions instead of words. As the legendary Speaker Emerita Nancy Pelosi says, “Don’t agonize, organize.”

It’s important to remember that Trump also had control of the House and the Senate during the first two years of his first term. He desperately tried to repeal the Affordable Care Act, but in part because of incredible organizing and advocacy from outside groups, we defeated that effort. As deflating as the election results are for many, we must not give up. Everyone’s voice, everyone’s effort, everyone’s engagement truly matters.

Joyce: You obviously represent your own district in New York, but in many ways, you’re so much more. Many people still remember you from your role as a television legal analyst, and especially for folks in red districts, you’re a little bit of a Congressman for all of us. What are your priorities for the next Congress? I get that being in the minority makes it difficult, but what are your personal goals for the next two years?

Congressman Goldman: I was compelled to run for Congress because of my deep concern for the future of our democracy with Donald Trump as the leader of the Republican Party, and I will continue to use my knowledge and experience as a former federal prosecutor, an impeachment counsel in the House, a staff member on the House Intelligence Committee, and a student of the Constitution to stand up against abuses of power in every way I can. And that is certainly an objective that unites Democrats around the country, and, of course, should unite all Americans.

In my first two years in Congress, however, I learned that there are a lot of ways to make a difference and make this country and this world a better and safer place for everyone. I will continue to advocate for commonsense solutions on the federal level that will lift up all Americans and give everyone access to the American Dream that I am so lucky to be the beneficiary of. There are also many ways to move the ball down the field at the local and state level that are more easily accomplished if we work together.

Gun safety is one such example. Gun violence is now the leading cause of death for children in this country. Cars have gotten safer, but guns have not. On the federal level, we must continue to push for sensible gun safety legislation that is favored by the vast majority of Americans, including universal background checks, red flag laws, safe storage requirements, and so much more. As I’ve heard from advocates in my district, there are also many less eye-catching but still important actions we can take to curb this epidemic, such as investing in local youth gun violence prevention programs.

I successfully advocated for another small but important step this year. Working with New York City and the New York City Department of Education, I helped facilitate for the Chancellor to send safe storage information to every family of the more than 900,000 New York City public school students. My friend and colleague in Massachusetts, Rep. Jake Auchincloss, then did the same thing with the City of Boston, and we have requested additional funding in the end-of-year appropriations package to encourage every city to follow New York’s lead. If we can stop just some of the nearly two instances per day of accidental shootings from unsafe guns, we will save lives. Everything matters.

Finally, at a time of skyrocketing antisemitism – and hate in general – I am also looking forward to my new role as Co-chair of the Bipartisan Taskforce for Combating Antisemitism in the next Congress. I hope to work with my Republican colleagues to educate the public about antisemitism and to emphasize that antisemitism is simply a form of hate that has no place in our country. We must all unify in the effort to combat hate, including antisemitism.

These are just a couple of examples of ways I hope to continue to make New York City and our country a better place.

Joyce: All across the country, people are still trying to get past their shock and frustration over this last election. What advice do you have for us? What can we start doing now, wherever we live, with our individual voices to get ready for what comes next?

Dan: The election results were obviously not what we were hoping for, but we must come to grips with the fact that, on January 20, 2025, Donald Trump will be sworn in as the 47th President of the United States.

So far, he has moved quickly to lay the foundation to undermine our democracy as we know it. It appears as if his only criteria for senior appointments is political loyalty, which does not bode well for what he intends to do with our federal government.

But there are a few glimmers of hope. First, I think it was a significant message from Senate Republicans that they elected Sen. John Thune to be Majority Leader, instead of Trump’s preferred pick Sen. Rick Scott. Thune is an institutionalist who values the Senate’s important role in our system of government.

Senator Thune must treat every nominee on their own merits to ensure that the Senate’s advice and consent responsibility is taken seriously. Trump may overload the system with unqualified, incompetent selections, but that does not mean that some should be confirmed if others are not. All Senate and House Republicans take an oath to the Constitution, not Donald Trump, and now that they have complete power in our government, they are responsible for ensuring that our democracy holds.

In the House, Republicans will have a slimmer majority than they did in this past Congress, when they showed they were totally incapable of governing. In order to execute Congress’s most basic functions – funding the government, raising the debt ceiling, sending essential aid to our democratic allies – Democrats stepped into the plate to make sure we got that done. There are a number of moderate Republicans who are up for reelection in two short years, and they will have to consider their own political future with every vote they take.

In all of these areas, the strong voices of the people will make a difference. Call your Senator to object to Trump’s cabinet nominees. Call your member of Congress to urge them to stand up to extremism. And if you are a lawyer, volunteer your time to help the many lawsuits that will inevitably arise from Trump’s efforts to dismantle our democracy.

I assure you that I’m in this fight until we win, and I hope you and others will join me.

As I read Congressman Goldman’s words, what stands out for me is the message: Don’t give up. Accept that this is where we are headed. Educate yourself about what it means. Formulate a plan for what you can do. As the Congressman says, let your elected officials know how you feel. Will doing that change the vote of my Republican Senators? Probably not, but I don’t have to make it easy for them. And imagine if 10,000 people who feel like me all reached out to them, and then imagine that happening to every member of Congress across the country. They do, after all, represent us, or are supposed to.

Lawyers will have a big role to play. So will others—doctors in public health, journalists to build awareness, and teachers can help figure out how to teach people to separate truth from fiction. There is a role for all of us. If you need a jumpstart after the trauma of the election, consider a group in your community that serves meals to older Americans or people who are unhoused, or any other kind of work that benefits others. Spending a little time volunteering always helps me appreciate how much power we have to do good. Volunteer with a group that advocates for immigrants in your community. Join the League of Women Voters (not just for women). Read to school kids. Consider running for office or working on a grassroots campaign. Start with something small because we are going to have big work ahead of us.

In 1963, the Reverend Dr. Martin Luther King, Jr. said, “Hate can­not dri­ve out hate; only love can do that.” It’s time for love. Love of country, love of community, love of each other. Let’s go.