Blog on the Run: Reloaded

Saturday, December 14, 2019 2:12 pm

We’re not nearly as worried about 2020 election security as we should be

Earlier today I started a Twitter thread on this subject. It ended up being long enough that Twitter was a cumbersome format for reading it, so I’m combining the thread and reposting the content here, with a bit of editing and formatting to make it more like a regular blog post.

A thread of uncertain length on 2020 election security:

I think that up to now, GOP attacks on an honest voting system have been attenuated: They wanted just enough votes to win without, they hoped, attracting much attention. And I think it’s fair to say that that’s what they’ve gotten.

When Jeb Bush and his Secretary of State, Katherine Harris, illegally kicked a bunch of Florida voters off the rolls just before the 2000 election, the attention in the immediate aftermath of the election wasn’t on that act. Rather, it was on recounts, stopping recounts, and hanging ballot chads – all of which were important but missed the bigger picture. It took the investigative work of reporter Greg Palast to bring the voter-roll purge to detailed light in a chapter of his 2002 book, “The Best Democracy Money Can Buy.”

In 2004, the issues seemed to revolve around the state of Ohio rather than Florida, and its secretary of state. There were reports of voting-machine malfunctions and other irregularities that seemed to suggest the possibility of sabotage. But nothing was ever conclusively proven.

Then Obama got elected, and the Republicans seemed to recognize the need for more and better ways to fix the vote. Vote suppression seemed the way to go, which is why Chief Justice John Roberts practically went case-shopping to get Shelby County v. Holder before the high court.

(It didn’t help that Dems stayed home in droves in 2010 because they were mad that Obama didn’t give them a rainbow single-payer health-insurance unicorn or whatever. That temper tantrum put a lot of psycho Republicans in power at all levels and, in Congress, often at the cost of Dems who had voted for the Affordable Care Act.)

Immediately after Shelby County — and I mean “immediately”; some of the bills were pre-written — GOP legislatures across the country began enacting vote-suppression measures. One was voter ID, based on fictitious claims that in-person vote fraud was a widespread problem. Such requirements, of course, usually were accompanied by measures that severely limited the types and availability of complying ID. No state university ID cards, for instance. Availability was limited by limiting the number of locations where one could obtain valid ID, which put a huge burden on people without reliable transportation — the people who disproportionately are minorities and vote Democratic.

And voter-roll purging became more widespread, led by transparent opportunists like then-Kansas Secretary of State Kris Kobach, whose “Crosscheck” program – a sloppy way of matching voter names against lists of convicted felons, say – was adopted by Republicans in more states. (The fact that such efforts appeared to be felony violations of 18 USC 241 was widely overlooked.)

But even that wasn’t enough for the Republicans, so Donald Trump’s 2016 campaign accepted the fruits of Russian hacking of Democrats’ computers.  (The Russians also hacked GOP computers, and while there’s no proof, it’s a popular theory that they found info with which to blackmail some GOP officials into doing their bidding.) And let us not forget Russian manipulation of social media to influence public opinion, using messages targeted to many different relatively small groups of people to try to influence outcomes at the margins.

The result, of course, was that while Trump lost the 2016 popular vote by almost 3 million votes, he won the Electoral College by a mere 80,000 votes divided among just three states: Wisconsin, Michigan, and Pennsylvania.

(And don’t get me started on the Electoral College: Its purpose, per the Federalist Papers, was to prevent the election of a demagogue. It has failed in that purpose twice in the past 20 years. Its real purpose was to get slave-owning states to ratify the Constitution, and it serves no useful purpose today and should be scrapped lest our future be that of minority governance. But that’s an issue for a different thread.)

So we know what happened in 2016: Far from being an awful candidate, Hillary Clinton could be defeated only by a perfect storm of a slave-era election mechanism, Russian election sabotage in cahoots with Trump’s campaign, GOP vote suppression, and possible machine hacking.

(The lousy news media coverage of the campaign also immeasurably helped Trump, as did James Comey’s bogus announcement of possible new evidence against Clinton right before the election. But those, too, are subjects for another thread.)

So Trump got in and started criming on Day 1 with violations of the Emoluments Clause. He has crimed away since while weakening our global standing, viciously attacking our most vulnerable Americans, betraying our national security and our allies, and ignoring the existential disaster that is climate change. His popularity remains underwater, and a slight majority of Americans favors his impending impeachment.

Regarding that impeachment: I am under no illusions that the GOP-controlled Senate will vote to convict. McConnell and his party are too corrupt. So our only way of getting rid of this agent of a hostile foreign power is at the polls on Nov. 3.

The problem for the Republicans is that they have become so corrupt, and their corruption so thoroughly intertwined with Trump’s, that they cannot allow Trump to be beaten. If he is, not only is it game over for him, with indictments likely the instant he leaves office, but it’s also game over for them — their tax cuts, their appointment and confirmation of inept and corrupt judges, their profiting from the school-to-prison pipeline and for-profit corrections, and so many, many other scams, particularly if Warren or Sanders wins.

So Republicans must win in 2020 by any means necessary. Any. Means. Necessary. And that means not just stealing the presidency again. That means congressional races, legislative races, you name it. The alternative is too frightening for them to contemplate.

And why shouldn’t they? It’s not like we have a lot of ways to detect and stop it even after the fact, let alone in real time. For example, international voting-rights groups have found that comparing exit polling against ballot counts is a reliable way to detect cheating. But we don’t do that in the U.S. Because of Republican opposition, we have enacted no protections against foreign sabotage of our elections. We do not routinely audit voting machines and elections. We have mandatory recounts in far fewer situations than robust election security would call for. We need to be using voter-hand-marked, voter-verified, hand-counted paper ballots to prevent electoral sabotage and fraud. But because our elections are governed by state and local governments, almost nowhere are we doing so.

Which all brings me to my concern: If the Republicans decide to steal big in 2020 — so big that it becomes obvious to most people, not just interested parties like me — what’s to stop them? We have no standard mechanism for election do-overs. (The do-over this year in North Carolina’s 9th Congressional District, which was ordered after widespread absentee-fraud ballot by employees of a Republican candidate, is an exception.) We have no constitutional mechanism for undoing fraudulent elections,  let alone mechanisms for undoing the consequences of fraudulent elections. We can’t fire all the bureaucrats appointed by a fraudulently elected president. We would have to impeach them (and all the judges), one at a time, and then hold individual Senate votes to remove them from office — again, one at a time.

So what’s to stop Republicans from going so big on election theft that everyone is aware of it? Because no one will be able to do anything about it but demonstrate. And the GOP has an answer for that, too. From Trump’s executive order this week about Judaism down to bills in state legislatures, Republicans are seeking to criminalize our First Amendment right to peaceably assemble and petition our government for redress of grievances. So while I have no evidence that suggests the GOP WILL do this, I look at our situation and their corruption and think, well, why WOULDN’T they?

If Americans protested and Republicans tried to put down those protests, we might have riots. And, having no answers to how to fix this, I have to confess that I don’t know which I’m more afraid of: that we might riot, or that we might not.

Friday, December 13, 2019 4:30 pm

Want to know how crooked the Senate Republicans are? Here’s how crooked the Senate Republicans are.

Senate Majority Leader Mitch McConnell has made clear that Donald Trump’s Senate impeachment trial will be a sham. That would mean that Republican senators would be violating the Constitution, their existing and upcoming oaths to support the Constitution, and the Senate’s own rules. When that happens, Democrats must hold not just Republican senators but all Republican candidates accountable across the board.

With the full House of Representatives scheduled to vote Wednesday on the two articles of impeachment against Donald Trump, The Washington Post has reported that Senate Majority Leader Mitch McConnell and his Republicans plan on “holding a short impeachment trial early next year that would include no witnesses,” with an immediate vote to acquit.

That would mean that all the witnesses who testified before the House Intelligence, Oversight, and Foreign Affairs committees in recent weeks would not be able to repeat their testimonies in a Senate trial. It also means that Donald Trump would be unable to call witnesses in his own defense; he has said he wants to call House Intelligence Chair Adam Schiff, former Vice President Joe Biden, Biden’s son Hunter, and possibly other witnesses. This would be to create a narrative suggesting that rather than abusing his office to try to get Ukraine to announce a corruption probe of the Bidens, as one article of impeachment alleges, Trump actually was urging Ukraine to investigate alleged corruption on the part of the Bidens, the younger of whom sat on the board of a Ukrainian business.

But Republicans, the Post says, would rather just reject the articles and go home.

Can they do that? Probably; Article I, Sec. 3, clause 6 of the Constitution gives the Senate the sole power to try cases of impeachment. Chief Justice John Roberts would preside, but unless an actual lawyer wants to argue otherwise, it looks to me as if the Senate can do as they damned well please in this regard. (That said, I think Roberts would be fine with the Republicans’ plans anyway; he almost always is. His reputation for caring about his and the Supreme Court’s places in history have always struck me as overblown.)

But there’s something else that affects this dynamic, something Senate Republicans really hope you don’t know about: the Senate Rules in Impeachment Trials. This article in The Bulwark helpfully explains how and why the Framers decided that the Senate, rather than the Supreme Court, should try impeachment cases, and how those rules come into play:

Hamilton reported that the Court lacked the political fortitude to weather the storm that would attend any verdict: the Court’s legitimacy as a final tribunal for ordinary legal disputes would be undermined if it took on the issue of high politics as well. The Court might be able to mitigate partisanship, but it would risk its own legitimacy in doing so.

The Senate, on the other hand, was a more promising venue because it was a political body, but not as tightly tethered to factionalism and political passion as the House. It was designed to take a longer view and was therefore a promising site for such extraordinary trials.

But, you say, today’s Senate is tightly tethered to factionalism. And you’re right. But the Framers thought about that, too:

The idea was that rather than lowering the Supreme Court down to high politics, the Senate would be raised up. To raise the Senate up to the demands of high politics, the Framers decided that the Senate would need to recompose itself into a new institution—an impeachment court. (Emphasis in the original — Lex)

This transformation was serious enough that senators would have to take a new oath of office.

According to Article I, section 3, clause 6 of the Constitution, senators, when sitting on a trial of impeachment, “shall be on Oath or Affirmation.” When they are elected to the Senate, all senators swear a general Oath to uphold the Constitution.

But the Oath taken in an impeachment trial is different. It is a juror’s oath and a judge’s oath—not a legislator’s oath. Rule XXV of the Senate Rules in Impeachment Trials provides the text: “I solemnly swear (or affirm) that in all things appertaining to the trial of ____, now pending, I will do impartial justice according to the Constitution and laws, so help me God.”

For an impeachment trial of a president, the chief justice of the Supreme Court presides. He can be overruled by a majority vote of the other judges/jurors—which is to say the senators. But it is vital to remember that the Constitution asks them to remember that they are not sitting as senators, but now as judges and jurors.

So much so that for this brief period the senators are all equal. For the course of the trial the roles of Majority and Minority Leader, President Pro Tem, Committee Chairs, Whips, and so forth no longer exist. For the duration of the trial the Senate is a literally new institution with new rules, new norms, and new responsibilities.

The more people who understand that, the more people will see that any attempt by Senate Republicans not to have a full and fair airing of the facts — or to acquit Donald Trump in the face of these facts — is constitutionally flawed and violates the Senate’s own impeachment rules. Democrats need to point that out in real time during the trial as well as afterwards.

And afterwards, Democrats in every 2020 race, from president down to dogcatcher, need to hang that corruption, that violated oath, like a putrescent albatross carcass around the neck of not just every Republican senator, but every Republican running for office in 2020, from Dump down to dogcatcher.

I am not optimistic that Democrats will win the White House in 2020. I think it’s entirely possible that the Democratic nominee can win the popular vote by 5 million and still lose the Electoral College through a combination of Russian sabotage, hacked voting machines, and GOP vote suppression in key swing states including North Carolina. But if there’s a way to win this election by a margin too big to steal, this is it.

A pep talk when the good guys badly need one

My friend Dan Conover posted something on Facebook Thursday that was so good that, with his permission, I’m sharing it. I’ll have a minor footnote of my own at the end.

* * *

The news is awful these days. Or should I say, the Republican *response* to the news is awful. Grinds the soul. Shreds hope. And the natural reaction is to retreat into pessimism. After all, what can we do?

Well, here’s a pep talk from history, and it’s as much for me as you.

On March 15, 1781, a fragile and reconstituted American Army under General Nathaniel Greene — a Quaker — finally turned to fight a pursuing British Army commanded by Lord Cornwallis at a place called Guilford Courthouse.

Greene’s army outnumbered Cornwallis’ redcoats, but that barely concerned the British commander. His army was comprised of battle-hardened professionals. The bulk of Greene’s force were simple militiamen. Locals with no experience or training. The kind of unreliable amateur fighters Cornwallis had routed time and again in the South.

How would such men stand up to cannon fire and bayonet charges in a major battle?

Greene, who understood both the limitations and the value of his militiamen, deployed them as the first defensive line the British would encounter. Before the battle commenced, he visited those nervous citizen soldiers, and gave them simple instructions: Hit the enemy hard once once or twice, then run like hell.

When I was a kid visiting the battleground in Greensboro, N.C., I felt disappointed to read that plaque. Reports that many of the militia fled the field after just one volley didn’t exactly fill me with Tar Heel pride in those days.

Now I understand Greene’s wisdom. He knew untrained irregulars under untested leadership couldn’t be counted on to hold up through the prolonged chaos of battle. But he also knew that he couldn’t win without them. That’s why he put them up front and kept things simple. Hit the Redcoats one good lick.

And brother, did they.

Cornwallis sent his best, most veteran infantry unit marching across the field toward that Carolina militia, bayonets affixed to enormous Brown Bess muskets. Just the sight of the Empire’s fearsome soldiers had sent previous backwoods militias running for home.

But those untrained Tar Heels stood their ground until the enemy was right in front of them — and unleashed a devastating 1,500-gun volley. An officer in the Scottish infantry unit that received that volley, the 71st Regiment of Foot, later described how it mowed down half of his proud Highlanders in an instant.

Some of those Carolina farmers ran off after that. Others stuck around to reload and try again. Some stood their ground and died on it.

But they did the job that was needed. And it mattered.

By the time the advancing Redcoats reached Greene’s Continental regulars, the British casualties were so high, and their tactical situation was so dire, that Cornwallis did the unthinkable. He ordered his cannon to fire, point blank, into the hand-to-hand melee in front of him.

Again, Greene was wise. Rather than have his precious Continentals cut to shreds by cannon, he ordered a retreat. Cornwallis slaughtered as many of his troops as ours with that order, but that’s why history records Guilford Courthouse as a British victory.

A truly Pyrrhic victory. Modern historians consider Guilford Courthouse to be the decisive battle of the Southern Campaign — and the singular disaster that forced Cornwallis to Yorktown, where his surrender to General George Washington seven months later effectively ended the American Revolution.

Like the militiamen of 1781, we don’t have to be superheroes. We don’t have to win every battle. We just have to show up when it counts, and do the job.

And we’ve been doing it, too. Instead of shrinking from the clear and present danger last year, we showed up in force in November 2018. That’s how we won back the House of Representatives, and our votes 13 months ago are why Trump’s Ukraine treason is bound for an impeachment trial in the Senate.

Sure, Trump’s base still doesn’t get it. But there were plenty of Lindsey Graham-ish Tories in the Carolinas during the Revolutionary War, too. They were on the wrong side then. They’re on the wrong side now. Fuck ’em. March on.

And no, we’re not likely to remove Trump from office in the Republican Senate. But so what if Trump wins a sham trial in that McConnell-controlled chamber? As British politician Charles James Fox wrote after learning of Cornwallis’ “win” at Guilford Courthouse, “Another such victory would ruin the British Army!”

It’s not going to be easy between now and the election. Our enemies know they’re outnumbered, which means they’re going to pull every dirty trick they know to break our morale and keep us away from the polls on Nov. 3, 2020.

Our side is going to make mistakes, too. It’s nature of conflict. Get your mind right for it.

But if we show up and vote when it counts? Like those nervous North Carolina farmers taking their one shot in 1781, we’ll make history.

Don’t we owe them that?

* * *

Lex again. I have lived in Greensboro for more than 30 years. Not only have I visited the battleground site numerous times, as a reporter I covered the commemoration of the battle more than once. Yet never before has anyone explained to me how and why the Continental troops achieved what they did as well as Dan has. Thanks, pal.

 

In which a UMich law professor blows up every single House GOP defense of Trump

In one handy Twitter thread, law professor Barb McQuade demolishes the bullshit “defenses” Republicans on the House Judiciary Committee have been offering against Trump’s impeachment. She shows that the Republicans really do have nothing, zero, zilch, zip, nada.

Tuesday, December 10, 2019 7:56 pm

Bill Barr is the worst attorney general ever.

What should be crystal clear after today is that not only is Donald Trump dangerous to the Republic, so is Attorney General Bill Barr. Pursuing a propaganda theory that started with the Kremlin, Barr directed the Justice Department’s Inspector General to investigate the beginnings of the department’s 2016 investigation of Trump campaign connections to the Russians. Trump partisans thought this probe would come up with all sorts of derogatory information. But on Monday, the IG reported: Nope, all clean. Some procedural mistakes, but no hint of bias, and all standards for a proper Justice investigation were properly met.

Barr responded immediately that “in my view,” the IG investigation was inadequate and that the original investigation had been flawed, and never mind that what matters legally isn’t his view but whether departmental standards had been met — which, the IG determined, they had.

So Barr, still intent on pushing Kremlin propaganda to protect the criminal in the White House, has commissioned U.S. Attorney John Durham of Connecticut to do ANOTHER investigation. And THIS time, he’s convinced, he’ll find proof that the original investigation of the Trump campaign was flawed all along. As former FBI assistant director Frank Figliuzzi told MSNBC, “He’s shopping for outcomes, not searching for facts.”

The definition of insanity is doing something over and over and expecting a different result. But Barr isn’t insane, and the real goal here isn’t the result. It’s the APPEARANCE that the original Trump investigation was somehow flawed. THAT is what Barr is trying to sell to Trump voters, and he’s violating his oath of office to do it. We’ve had a run of mediocre to bad attorneys general since John Mitchell under Nixon, but Barr is by far the worst of them all. The nation’s chief law enforcement officer is using the powers of his office to protect a criminal. He, too, must be impeached, and abuse of office, obstruction of justice and obstruction of Congress should be only the starting point for his articles of impeachment.

Monday, December 9, 2019 6:40 pm

Republicans: Nothing left but bullshit

Because I have a job and a life, I caught only a few snippets of today’s Judiciary Committee impeachment hearing, but this is how stupid and contradictory Republicans are. The committee’s ranking minority member, Doug Collins, and several others called this a “focus-group impeachment” and said no president ever had been impeached so early in his tenure. Well, calling it a focus-group impeachment implies that there’s public support for it – but Republicans keep insisting that the issue is a loser with voters. (How much of a loser is it? Support for impeachment is at 50% in Ohio. Let me say that again: IN. OHIO.)

Republicans also argue that Trump can’t be impeached because he didn’t succeed in completing a quid pro quo. (He did, but set that aside for now.) But they also argue that he can’t be impeached because there’s no evidence because his obstruction of Congress and obstruction of justice DID succeed. Sorry, kids, but you don’t get to have it both ways.

And today, committee member John Ratcliffe reached up into his descending colon and pulled out the notion that the whistleblower had somehow perjured himself in his complaint.

Not to be outdone, the committee’s Republican counsel, Stephen Kastor, lied under oath to the panel, stating that the readout of Dump’s July 25 telephone call with Ukrainian president Vlodymyr Zelensky made clear that there was no quid pro quo. In fact there was — read it for yourself. Problem is, if chair Jerry Nadler makes a criminal referral to the Justice Department, as might normally happen, Attorney General Bill Barr will just quash it.

They’re not arguing facts, except to insist that what clearly exists doesn’t. They aren’t arguing the law; they’re arguing a manufactured version of the law. They’ve got nothing but bullshit. No facts. No law. No logic.

And that news media aren’t saying that, simply and forthrightly, is just one more illustration of how much danger this constitutional republic is in.

Saturday, November 2, 2019 6:33 pm

So much for “no collusion”

Thanks to a lawsuit filed by Buzzfeed News, CNN and other outlets, some of the FBI interview forms (Form 302s) and emails that formed the basis for the report by special counsel Robert Mueller have been made public. Reporters for those outlets have been digging through them all afternoon, tweeting one nugget after another. (More will be released each month for what could take years.)

But here’s the big picture: There is documentary evidence of presidential candidate Donald Trump telling his staff in 2016, “Get the emails,” referring to the emails hacked from the Democratic National Committee’s server. The records show that those emails were known to be the work product of Russian-allied entities, e.g., Wikileaks.

So what does that mean?

Telling your staff, “Get the emails” is the same thing as telling your staff, “Go collude.” Which is one HELL of a long way away from “no collusion.” It’s almost as much a long way from “no conspiracy.”

So why was this fact — excuse me, this SMOKING GUN — omitted or redacted from the Mueller report? And was the omission Mueller’s work, or FBI Deputy Director Rob Rosenstein’s, or then-Attorney General Jeff Sessions’s, or someone else’s? Because it looks like Trump’s guilty of conspiracy and whoever covered that fact up is guilty of obstruction of justice. And those documents still have been public for only a few hours.

Friday, October 11, 2019 7:22 pm

Saudi stupidity

So Orange Julius is sending more U.S. troops to Saudi Arabia. I would point out that 1) U.S. troops in Saudi Arabia is what brought about the 9/11 attacks in the first place, 2) Saudi Arabia funded those attacks, 3) the House of Saud are some of the vilest people on the planet, which is saying something; 4) Saudi Arabia can damned well afford its own military defense, and 5) Saudi troops were definitely not with us at Normandy.

Also: Not one American voted for this. #ImpeachNow #LockHimUp #HangHimHigh

Thursday, October 3, 2019 7:48 pm

Turn the lights on when you do it

I don’t know where the notion arose that the Senate, were Dolt 45 to be impeached, should cast secret ballots on whether or not to convict him. But it’s an awful idea.

Would it be constitutional? Apparently. Although Article I, Sec. 5 requires Congress to “keep a Journal of its Proceedings, and from time to time publish the same,” it also exempts “such Parts as may in their Judgment require Secrecy.” So Senators apparently could vote in secret, although, importantly, it would take a vote of only one-fifth of senators present to record “the Yeas and Nays of the Members of either House on any question” into the journal of proceedings, known today as the Congressional Record.

But why would anyone want the Senate to hold a secret vote in an impeachment trial?

The reason is that some Democrats — I have no idea how many — believe that if the vote were secret, enough Republican senators (at least 20 would be required) would join with the Democrats in voting to convict and remove Trump. This idea holds that the only thing keeping these 20+ Republicans from so voting is fear of being primaried.

Now, this is a fine notion except for the fact that there’s not a shred of a reason to believe it is true. Not one Senate Republican has done anything more than suggest that maybe Trump shouldn’t be doing some of the things he’s doing — and not many have done even that. Mitt Romney of Utah has mildly criticized some of Trump’s actions, but he has taken no position on impeachment and is bloody unlikely to. The notion that 20 or more Republican senators are just waiting for a cloak of anonymity under which to convict and expel Trump is a pretty fairy tale, nothing more, and those spreading it clearly haven’t paid attention to the behavior of the Republican Party since 1994 and particularly since 2008.

I further suspect that pro-Trump Senate Republicans would insist on a recorded vote to scare their colleagues into voting to acquit Trump. That’s a legit concern, and if all 100 senators are present, it would take only 20 out of the 52 Senate Republicans to force a recorded vote.

But there’s a principle here that outweighs the practical and political decisions.

An impeachment vote in the Senate competes with a declaration of war as the most important vote a senator ever will cast. Citizens deserve to know who voted how so that they can reward their senators or hold them accountable, as they see fit. It is not the kind of people’s business that should be conducted in the dark, ever. On a matter of such import, every senator should be prepared to defend his/her vote publicly. Anything less makes us less than the democratic republic the Framers bequeathed us and should be rejected, even if it really would make it more likely that history’s worst U.S. president would be removed from office.

 

 

 

Monday, September 2, 2019 11:07 am

911 says you can’t call them anymore

Brock Long, who served as Dolt 45’s head of the Federal Emergency Management Agency from June 2017 to May of this year, says FEMA can’t do its job and that it’s up to us:

“we have to refocus the training” to better equip citizens in terms of disaster preparedness, including emphasizing that “insurance is the first line of defense.”

“Until Congress starts to incentivize putting building codes in place and land use planning in place, incentivizing states and locals for ensuring their public infrastructure, FEMA’s job is impossible,” Long said.

“We have to set realistic expectations for the agency and really bolster the capability from neighbor helping neighbor all the way to the Federal Emergency Management Agency,” he added.

Insurance is the first line of defense against a Cat 5 hurricane? Brock, son, you’re gonna have to ‘splain that to me. Use small words, because it sounds a lot to me like sending Paul Revere out after the British have already landed, burned our farms and slaughtered our livestock.

See, FEMA has a history — an uneven history that has varied significantly depending upon who was in the White House and which party controlled Congress. FEMA sucked under Bush I (cf. Hurricane Andrew in 1992), got dramatically better under Clinton, got lousy again under Bush II (cf. Katrina in 2005), got better again under Obama, and is being sabotaged once again by Dolt 45, as residents of Puerto Rico and southeastern North Carolina know all too well.

This is part of a larger trend by post-Nixon Republicans: They tell Americans that government is the problem rather than the solution, and when they get power, they work very hard to turn that statement into reality by under-funding agencies, staffing them with incompetent administrators hostile to the agencies’ missions, and, in the case of Trump, forcing key agency personnel to leave in droves by planning on short notice to move agencies’ work a long distance for no reason.

Currently, FEMA is incompetent and has no interest in becoming competent, and this “president” not only has no interest in their being competent, he just stole $155 million from FEMA to try to spend it on his war on immigrants at the Mexican border,  and everyone, including FEMA, just stood around and let him do it.

Rather than fixing FEMA, Dolt 45, Congressional Republicans and FEMA itself tell us that we must adjust our expectations downward instead. Well, hell, no. This is one of the most basic tasks of government: People’s LIVES are at stake. Yes, building codes should be improved to face the stronger storms that global warming will bring, although developers and the construction industry will scream bloody murder about that and probably bribe Congress and state legislatures to keep it from happening. Yes, people should prepare for hurricanes. But not everyone can; moreover, some disasters, like tornadoes, allow little or no time for prep.

FEMA indeed DOES have to be kind of like 911, and a competent FEMA is only one of many factors people should think about when choosing a president and deciding which party should control Congress.

Sunday, September 1, 2019 1:49 pm

Hit ’em with the chair

When I was a kid in Charlotte in the 1960s, my brothers, my friends and I watched a lot of pro wrestling on TV, which fact is essential context for what I’m about to say next: In this era, pleas for civility are the last refuge of people who desperately need to be hit with the chair.

As the journalist Eve Fairbanks points out in The Washington Post, conservatives, almost as if they’d all been sent the same list of talking points, have been on and on lately about being “reasonable” and “civil.” She links to many, many examples, almost all of which are premised on a fundamental misunderstanding about what’s actually going on in our society. I’ll get to that in a minute.

Fairbanks, as a senior at Yale, wrote a thesis on the rhetoric of Abraham Lincoln and his political rivals on both sides of the issue of slavery. And today’s conservative rhetoric sounded so familiar to her that she thought she must have heard it somewhere before. Sure enough, there it was in her old research: The language of conservatives in 2019 is almost identical to that of antebellum defenders of slavery. She lays it out in her Post column.

I see another parallel: Both before the Civil War and today, the people defending the indefensible are the ones most insistent upon civility and reason and are trying very hard to cast their opponents as unreasonable and uncivil. In both instances, the people defending the indefensible are able to do so as the result of having amassed great power, much of it unmerited and obtained through dubious, if not evil, means.

The slavery example is self-evident. But what about today?

For the past 40 years, American conservatives, though a minority, have used their greater wealth to get even more money and more power, often at the expense of everyone else. They got the Supreme Court, in Buckley v. Valeo (1976) to declare that money is speech, a category error that likely will be the downfall of the Republic if climate disaster or the Sweet Meteor of Death don’t get us first. They bought themselves congresscritters and legislators who have passed a number of huge tax cuts primarily benefiting the wealthy. The effect of those tax cuts has been the greatest upward transfer and concentration of wealth in history and the greatest income inequality in U.S. history. They have raped the planet, privatizing the profits while socializing the costs and making damn sure they had bought themselves a government that would let them do that, in search of more wealth — there’s roughly $27 trillion of proven carbon reserves still in the ground, and they will be damned if they’ll just write it off, just as slave owners insisted they were entitled not to write off the value of their slaves. They have insisted that health care is not a human right, but rather a consumer good on which they can profit as on few others. In what can only be called modern-day slavery, they are profiting off our correctional systems. They have sought to roll back the civil-rights advances we finally won a century after the 14th and 15th Amendments were ratified. And on and on. All of THAT is “unreasonable.” All of THAT is “uncivil.”

The people who opposed antebellum slavery were portrayed as radical, and indeed some of them were. But they weren’t wrong. And given the horrors of slavery, complaining about their incivility and lack of reason displayed nothing but moral stillbirth.

And so it is today.

Conservatives are pursuing policies that literally threaten the lives of me, my family, and more than 100 million other Americans who have pre-existing conditions and/or are people of color and/or are LGBTQ. And yet they want us to be reasonable and civil.

Screw that noise sideways. Pleas for civility are the last refuge of someone who desperately needs to be hit with the chair. Moreover, any Republican who thinks we need more civility needs to take it up with Newt Gingrich, whose GOPAC began the trend of instructing Republican political candidates to publicly characterize their unremarkable Democratic opponents as “extremist,” “sick” and “un-American.”

Moreover, as Fairbanks points out, conservative writer Ben Shapiro, to name just one example, likely knows and certainly doesn’t care that “ascrib(ing) right-wing anger to unwise left-wing provocation,” as Fairbanks says he does, is the blame-the-victim language of the domestic abuser.

(A note on that: Conservatives are trying to smear those who oppose white nationalists as “antifa,” which they believe to be an organized and violent movement. “Antifa” is simply short for “antifascist,” and the term encompasses everyone from the first wave at Omaha Beach to any American today who opposes the joined forces of fascism and white supremacy. You will seen the term thrown around even by journalists who should know better, but you can safely dismiss anyone who uses it in that way as at best a propagandist and at worst a fascist, particularly if that person works for the Trump administration.)

I’ve said for a long time that anyone doubting the existence of eternity need only ponder the capacity of conservatives for playing the victim. Indeed, I’ve thought for a long time that that might be the most important, and is certainly the most enduring, dynamic of postwar American politics.

I was wrong. Fairbanks’s column shows that it’s the most enduring dynamic of American politics, period. She doesn’t remark on it in her column, but it’s visible throughout so many of the sources she cites (and in fairness, she may have thought it was so obvious she didn’t even need to mention it) — an overweaning mentality of victimhood among conservative antebellum “thinkers” and modern-day conservatives alike.

And why do they feel that way? The answer is in the old saying, “When you’re accustomed to privilege, equality feels like oppression.” That’s the fundamental misunderstanding I referred to up at the top of the post. They do it because they can feel their privilege slipping and/or because they can hear and feel the rest of us coming for it. And on some level they’re terrified that we’re going to treat them the way they have treated us. I have no intention of doing this, but given the outrages they have foisted upon us in the past 40 years, from destroying the middle class to sacrificing our children to the Baal of the NRA to lighting the planet on actual fire, I can offer no guarantee regarding anyone else.

And at this point nothing would surprise me. Because when you call things like decent, affordable health care and a strong public education system “socialism” long enough, eventually socialism starts to sound like a good idea. And when you work your ass off for a lifetime and still can’t manage to obtain adequate food, clothing, shelter, and education for your family and equal treatment in society because of every way the system has been rigged by conservatives in the past 40 years, so does “eat the rich.”

UPDATE, 9/1: This was posted before I became aware that Democratic presidential Beto O’Rourke had been quoted as saying, “Yes, this is fucked up,” talking about the federal government’s inaction on mass shootings such as the one Saturday in Odessa, Texas, that claimed eight lives. When the inevitable criticism came, he had the perfect response:

 

Friday, August 30, 2019 6:50 pm

A belated but sincere obituary for David Koch

I was a Republican for about 40 years, so here is where I am on this:

David Koch used his wealth to buy government policies that are wiping out the middle class, to keep government from mitigating the deaths his industries cause to thousands of Americans annually, to socialize the costs of his businesses while privatizing the benefits, and for his last act, to light the planet on actual fire. Had he lived, he almost certainly would have bought himself a constitutional convention in which the United States would be turned from a constitutional democratic republic into a kleptocracy in which tens of millions of citizens would lose basic human rights, and his surviving family and a few of their friends may yet bring this about. Society was so utterly unable to contain his serial sociopathy that hundreds of millions if not billions of people on this planet would have had legal standing to kill him in self-defense. In short, David Koch was a goddamned monster. Anyone who can’t see that is morally stillborn, and anyone wishing to defend him is welcome to follow him straight to hell.

Tuesday, July 2, 2019 9:35 pm

Sure, Alexandria Ocasio-Cortez could be lying. But what if she’s not?

“Now I’ve seen the inside of these facilities. It’s not just the kids. It’s everyone. People drinking out of toilets, officers laughing in front of members Congress. I brought it up to their superiors. They said ‘officers are under stress & act out sometimes.’ No accountability.” — U.S. Rep. Alexandria Ocasio-Cortez tweeting after visiting a camp where CBP is holding migrants prisoner.

This tweet asserts horrible things, about line CPB officers, about the agency and its culture, and about our government and our country. Some of the responses to it are quite skeptical. Leaving aside the disingenuous tone of some of the skeptical responses (and the ridiculous calls for video when CBP agents took the Congress members’ phones before allowing them in), I get it. No one wants to believe that these horrible accusations are true. And AOC certainly wouldn’t be the first person not just to politicize an issue but to outright lie about it for political gain.

Let’s suppose she is lying. If that’s the case, she should be expelled from the House. I doubt she could be sued successfully, inasmuch as she’s not saying anything defamatory about any particular individual. (Agencies can be defamed, but it’s tough to do.) But she certainly would deserve our opprobrium and condemnation.

That said, let’s ask ourselves a question. If she IS lying, whom does it hurt? An agency doesn’t have feelings, and she identifies no culpable individual.

So, then, let’s ask ourselves another question: What if she’s NOT lying?

And another: If she’s not, then whom does THAT hurt, particularly if the rest of us do not act on what she is telling us?

I’ll tell you whom it hurts.

It hurts suffering human beings, children of God just like you and me, people driven here in large measure by circumstances beyond their control and for which our country bears a significant measure of responsibility.

And our border officers are making them drink toilet water. In our name and paid by our tax money.

And it hurts public trust and confidence in CBP specifically and government in general at a time when both need more, not less.

It hurts the reputation and image of the United States around the world at a time when the world needs a powerful, honest broker more desperately than at any time since the day after Nagasaki.

And, finally, regarding the issue of trust and confidence, who has, and deserves, more of it? AOC, who has made mistakes and admitted them and also caught powerful people out on their mistakes and lies and is pushing policies that are at least intended to benefit most Americans? Or this administration, which lies like it breathes and seeks to screw over every American it can find to screw who’s not a rich white man?

If you ever wondered how German concentration camps became death camps, AOC is right here telling you and showing you. And if you’ve ever wondered what you would have done if you’d been a German in the early Nazi era, whatever you’re doing now is probably an excellent indicator.

“A Face in the Crowd” and the MAGATs

Over the weekend I got to see, for the first time, “A Face in the Crowd.” The 1957 film, written by Budd Schulberg (“The Harder They Fall,” “On the Waterfront”) and directed by Elia Kazan (“A Streetcar Named Desire,” “East of Eden”), was North Carolina icon Andy Griffith’s first starring role. In it, Griffith portrays Larry “Lonesome” Rhodes, an Arkansas yokel propelled to national stardom as the “voice of the people.” Ahead there be spoilers, so don’t read the jump if you want to watch the movie first. (Apparently it’s available on Amazon if you’re curious.)

(more…)

Thursday, May 30, 2019 9:48 pm

Thought for the day, freedom-of-religion edition

If Americans can claim religious freedom to refuse to bake a cake or even provide medically necessary abortion, they certainly should be able to claim religious freedom to provide an alien dying of thirst at the border a goddamned bottle of water.

Wednesday, May 29, 2019 7:29 pm

Mueller to U.S. House: Saddle the hell up

Robert Mueller all but begs Congress to impeach Donald Trump and implicitly tears a deserving news media a big new orifice in the process.

Outgoing special counsel Robert Mueller made several critical points today in his roughly eight-minute statement at the Department of Justice.

First (and I’m not necessarily going in chronological order here), he emphasized at both the beginning and the end of his statement that the evidence is crystal clear that Russian military intelligence sought to interfere with the 2016 presidential election for the benefit of Donald Trump and that they are continuing to try to interfere with U.S. elections even today.

Second, he emphasized that the Mueller report speaks for itself, which was a polite way of saying that if the people whose jobs it was to tell us what was in the report had done their jobs and read the damned report, we wouldn’t be nearly so confused about the way forward and we wouldn’t have wasted the past two months. Instead, he implicitly pointed out, journalists covered what people (i.e., Attorney General William Barr) SAID about the report, rather than what the report itself said, to the detriment of the American public. As The Atlantic’s Adam Serwer put it, “Mueller’s statement is an indictment of a press that focused more on what people had to say about the report than what the report said, because the former was easier to cover. No one has learned anything.” (The first three rules of investigative reporting are “Follow the money,” “follow the money,” and “follow the money,” but Rule 4 is, “Always read the documents” and Rule 5 is “Always do the math.”)

Third, he said that he did not seek charges against Trump because Justice Department policy, while authorizing investigations of a sitting president “while memories are fresh and documents are available,” forbade charging a sitting president. (For what it’s worth, George Washington University law professor Jonathan Turley went on CBS immediately after the statement to say that, constitutionally speaking, Mueller was “dead wrong,” that Trump indeed could have been indicted.) Mueller clearly implied that had Trump been anyone but the sitting president, he would have been indicted.

Fourth, he fleshed out that point by observing that, contrary to what Donald Trump and Barr have said, the report is not an exoneration. Indeed, he said, “As set forth in our report, after that investigation, if we had confidence that the president clearly did not commit a crime, we would have said that.”

Fifth, he emphasized that that obstruction definitely had hampered his campaign: “When a subject of an investigation obstructs that investigation or lies to investigators, it strikes at the core of their government’s effort to find the truth and hold wrongdoers accountable.” The implication, though it is only that, might explain why he failed to find enough evidence to indict people on the conspiracy charge. Because while Vol. 1 of the report said Mueller’s team found insufficient evidence to indict Trump on a conspiracy charge, notwithstanding Trump’s lies, you can’t swing a dead cat in it without running across multiple instances of collusion, a concept that has real-world meanings but no legal significance.

Fifth, he re-emphasized that in his view and given Justice Department policy, it was not for Justice to accuse a sitting president of wrongdoing; rather, that responsibility fell to Congress. Combined with the documentation in Vol. 2 of the Mueller report of up to 10 instances of obstruction of justice on Trump’s part, he seemed to be practically begging the House to begin impeachment hearings.

He said a few other noteworthy things, such as that even if he were to appear before Congress to testify, he would not go beyond what’s already in the report. Legally and constitutionally, that’s a dubious claim, particularly if the House opens impeachment hearings. If the House subpoenas him and asks him questions and he refuses to answer, he can be held in contempt and spend up to a year in jail. Moreover, as Esquire’s Charles Pierce observed:

He has no excuse left. He is a private citizen now. And if he only repeats what’s in the report, on television, in front of the country, it will contribute mightily to the political momentum behind the demands that Congress do its damn job or shirk its duty entirely. He still needs to testify. He still needs to take questions. He’s only a citizen like the rest of us now, and he has a duty to do the right thing. We all do.

And Mueller said that our ongoing election-security weaknesses “deserve the attention of every American.” That assertion must be weighed against Republicans’ outright hostility, and particularly that of Mitch McConnell, to taking the slightest action to make elections more secure, such as, oh, I don’t know, even holding a vote on H.R. 1.

But his main points make clear what I and many others, from Laurence Tribe of Harvard Law School to Rep. Justin Amash, Republican of Michigan, already have been saying: It is past time for the House to begin formal impeachment hearings. House Speaker Nancy Pelosi and her second-in-command, Steny Hoyer, publicly have been reluctant to acknowledge that the need exists. But House Judiciary Chairman Jerry Nadler, whose committee would be the one to hold such hearings, said today:

Although Department of Justice policy prevented the Special Counsel from bringing criminal charges against the President, the Special Counsel has clearly demonstrated that the President is lying about the Special Counsel’s findings, lying about the testimony of key witnesses in the Special Counsel’s report, and is lying in saying that the Special Counsel found no obstruction and no collusion. Given that Special Counsel Mueller was unable to pursue criminal charges against the president, it falls to Congress to respond to the crimes, lies, and other wrongdoing of President Trump — and we will do so. No one, not even the President of the United States, is above the law.

Democrats have talked tough before only to fold, and there’s no guarantee they won’t fold again. But I believe at this point that whether or not Democrats actually pull the trigger on impeachment hearings, they at least have heard and understood that that is what the outgoing special counsel is asking, if not begging, them to do. I won’t reiterate the many reasons why I think it’s important to do so, except to say this: Thanks in large part to our mealy-mouthed news media, Trump has been able to spend the past two months lying with impunity about the findings of the Mueller investigation. Anyone who saw and heard Mueller speak today now knows that Trump has been gaslighting the American public — and that televised impeachment hearings aren’t just a constitutional necessity but also a necessary news and public relations corrective to Trump’s gaslighting. I hope and trust that Nadler and other House committee chairs, currently on Memorial Day recess, will make this happen soon.

Sunday, May 5, 2019 2:35 pm

With all due respect to House Speaker Nancy Pelosi, time has run out. We must begin impeachment hearings now.

If House Democrats do not begin immediate, televised impeachment hearings and begin jailing immediately any administration figure who refuses to comply with a duly issued subpoena, we could be mere weeks from one-party GOP rule.

A lot of y’all fail to understand two things: how close we are to effective one-party GOP rule and how electoral politics works.
Look, I supported Nancy Pelosi for speaker for three reasons:
  1. Her superior record, relative to the other candidates, of being able to wrangle the notoriously fractious House Dem caucus, move legislation, and raise money.
  2. The fact that her most viable opponents were WAY too cozy with a Republican Party that long ago demonstrated that it doesn’t give a damn about the Constitution.
  3. The likelihood that, when Trump’s obfuscation over the Mueller report and his and his administration’s inevitable contempt of Congress against the inevitable House subpoenas finally manifested, she would have a logical and effective plan for responding.

I supported her despite serious misgivings about her spine. She unilaterally took impeachment of George W. Bush off the table despite the fact that Bush and his inner circle had ordered torture in violation of both U.S. and international law. My father, an Army infantry officer in the Korean War who won a Bronze Star and who had been a lifelong Republican voter, cast the last ballot of his life in 2004 against Bush specifically because of the torture. As an amateur student of the Holocaust for decades, I thought then that Bush had crossed the one line besides first-strike nuclear war that could never be crossed. And I was horrified to watch how Democrats under Pelosi threw away their opportunity to bring about justice. Still, you vote for one of the candidates you’ve got, and she was head and shoulders above the rest.

Problem is, I turned out to be badly wrong on item No. 3 above. She had and has no plan to deal with a president intent on becoming a dictator and a major party that is all in with him on this effort. Indeed, in this New York Times article, she makes clear in her own words that she is drawing exactly the wrong conclusions given the facts before us:

In recent weeks Ms. Pelosi has told associates that she does not automatically trust the president to respect the results of any election short of an overwhelming defeat. That view, fed by Mr. Trump’s repeated and unsubstantiated claims of Democratic voter fraud, is one of the reasons she says it is imperative to put roadblocks in the way of Mr. Trump’s efforts, with the full support of the Republican party, to become a dictator.
See, that makes sense. Unfortunately, that’s not what she actually said. What the article actually reports her as saying is:
In recent weeks Ms. Pelosi has told associates that she does not automatically trust the president to respect the results of any election short of an overwhelming defeat. That view, fed by Mr. Trump’s repeated and unsubstantiated claims of Democratic voter fraud, is one of the reasons she says it is imperative not to play into the president’s hands, especially on impeachment.
Opposing a would-be dictator’s efforts to become dictator is “playing into the president’s hands, especially on impeachment”? With all due respect, Madam Speaker — and in my case, that’s a lot of respect — that’s 180 degrees wrong.
Pelosi insists we have plenty of time. And a lot of people, noting that she is an expert in American politics, agree with her. But here’s the thing: We’re not faced with a conventional political opponent. We’re faced with a would-be dictator, and Pelosi is IN NO WAY an expert on dealing with that because America has never had one before. And the people who ARE experts in authoritarianism and dictators — historians, diplomats, war-crimes investigators, some members of the intelligence community, even Holocaust survivors? Almost all of them are waving red flags. A number are saying that if Dems don’t respond forcefully to the GOP’s concerted effort to ignore the subpoenas of a co-equal branch of government, then we will effectively become a one-party GOP government within weeks.

Now, what if they’re wrong? No harm, no foul, and we may yet see the impeachments we want with strong public backing and a clean and fair 2020 election. And I sincerely hope they, and I, are wrong.

But what if they’re right? No, serious question. I want you to stop and think for a minute about what that would mean — and not just for the country as a whole, although a stolen election is just about guaranteed, and not just for comfortable, privileged WASPS, but also for Jews, for poor people, for women (particularly women’s health care), for children, for racial and ethnic and religious minorities, for LGBTQIA people.

The safest bet — which also has the advantage of being the House’s constitutional duty — is for House Dems to: 1) Stop asking and start subpoenaing. Asking just leads to needing to subpoena anyway with this administration, and time is of the essence. 2) Begin jailing for contempt immediately any member of the administration who refuses to testify and/or produce records pursuant to a subpoena. 3) Begin holding televised impeachment hearings immediately. The hearings can begin with the multiple instances of Trump’s obstruction of justice documented in Vol. 2 of the Mueller report and expand from there, or they can begin with other high crimes and misdemeanors already in public view such as Trump’s serial violations of the Constitution’s Emoluments Clause, and expand from there. The important thing to remember is that we already have evidence in the public record that Trump has obstructed justice, abused his office, and behaved in legal contempt of Congress. Those were the three articles of impeachment against Richard Nixon that led him to resign, and Trump’s violations have been even more egregious.

And why are the televised hearings so important? As with Watergate, given what we already know about this administration, they are likely to reveal the kind of information to the public that will build public support for impeachment. Moreover, they are essential to counteracting the gaslighting of the American public now being carried on by this administration, particularly Attorney General William Barr, and its henchmen at Fox News, Breitbart, and some of the darker media neighborhoods such as 8chan and VDare. Believe it or not, a large number of Americans still aren’t paying very close attention to this, so Dems need to give them a reason to. And even the mainstream media have largely treated this issue as a conventional Democrats-vs.-Republicans partisan political issue rather than the constitutional crisis that it is. The Times article linked above contained information that should have been the lede headline for every mainstream news outlet in the country: House Speaker Doubts President Will Leave Office If Defeated. And yet it was not.

Now some of you have expressed concerns about how robust opposition to, and even attacks on, Trump’s people and policies might affect the 2020 elections. A couple of thoughts on that:

  • In constitutional terms, impeachment’s effect on the 2020 election shouldn’t even be a consideration. A president is carrying out high crimes and misdemeanors in full public view; as the Framers’ contemporaneous writings make clear, impeachment in such circumstances is not just option but duty.
  • But let’s say it is a consideration. A lot of people with elementary math skills but no political understanding have pointed out that the GOP-controlled Senate won’t convict. I cannot say this too many times or strongly enough: So what? Dems must make Republicans run in 2020 on defending this criminal (as well as on such other issues as trying to kill people’s health insurance and supporting environmental despoliation). Dems made Republicans run in 2018 on their desire to destroy insurance protections for people with pre-existing conditions, and Dems generated the biggest blue wave since Watergate. The biggest political risk attached to the 2020 election is not that more Trump supporters will turn out if Dems impeach — Republicans already are going to turn out. No, the biggest political risk is that if Dems do NOT impeach, a big chunk of the Democratic base is likely to stay home in 2020, as it did in 2010 and 2014 when Dem caution also prevailed over the need for action. And without that base, not only will Trump win re-election, the Republicans also will regain the House.
  • For the folks, including Pelosi, who have expressed concern that Trump might not leave office if he doesn’t win in 2020, I’ve got news: That’s Trump’s plan no matter how large or narrow the Dems’ margin of victory. Guaranteed. And it is far from sure that the Secret Service would do its duty at noon on Jan. 20, 2021: arrest him for trespassing and drag him from the White House. I mean, I think they will? But given Trump, assuming the worst generally is the most accurate method of forecasting.

Folks, we’re in very dire straits here; the attempted coup against FDR in the 1930s is the only thing that comes close and this is way worse than that. House Dems need to act now, and not only is there no good reason to wait, there are some chilling reasons why we cannot afford to. Whether we do or not act will determine whether this country is still a democratic republic come sunset on Jan. 20, 2021. So if your rep is a Democrat, call him/her and demand: 1) That House Dems stop asking nicely and start issuing subpoenas from the git-go. 2) That administration officials who refuse to immediately comply with subpoenas be jailed for contempt the FIRST time. (That legal mechanism hasn’t been used for decades, but it’s still on the books.) 3) That the House immediately begin televised impeachment hearings on Trump and AG Barr, who lied to Congress about the contents of the Mueller report and Mueller’s dissatisfaction with Barr’s summary of it. Those hearings MUST include the subject of election security and the Russians’ election-theft efforts in 2016 and 2020, and should hear from former President Obama and some of his officials as well as current administration officials if need be to get the full picture.

The next year and a half are going to be ugly politically no matter what choices Dems make. And the ugliness might extend beyond the halls of Congress and the White House and into the streets. But rest assured that 1) the most vulnerable will suffer the most, and 2) Republicans couldn’t give less of a damn about the most vulnerable.

Citizenship is not a spectator sport. History has pointed down the bench at us, swatted us on the asses and ordered us into the game. We need to play hard and play to win, because the cost of defeat would be too great for any of us to bear.

UPDATE, 5/5: For some excellent historical perspective on the rise of authoritarianism in America, read Teri Kanefield’s piece here. She’s an author and lawyer.

Wednesday, May 1, 2019 5:34 pm

In which Attorney General William P. Barr crumples his career and sets it on actual fire

In testimony today before the Republican-controlled Senate Judiciary Committee, the attorney general firmly established himself as the worst AG since John Mitchell and equally deserving of prison time.

Dumpster fire

The 85th attorney general of the United States walked into the ostensibly friendly confines of a Republican-controlled Senate Judiciary Committee hearing today, and when his questioning was over, he had left no bed unshat and no pooch unscrewed. The Republicans might have come to dissemble and distract, but the Democrats came to prosecute and for once showed no mercy.

Not only did he present himself as clearly guilty of multiple counts of perjury, he also made a credible case that he himself should be prosecuted for obstruction of justice as well. It is crystal clear now that he must be impeached and removed from office and prosecuted and sent to prison. And he did his “client,” Donald Trump, no favors either, implicitly implicating Trump in abuse of office under questioning from committee member Kamala Harris, D-Calif.

The only real question remaining about what Barr did is why he did it. Why did he tell lies to Congress about special counsel Robert Mueller’s report that any sentient human being who read the report would realize were lies?

Why would he decide the report cleared Trump when he and Deputy Attorney General Rod Rosenstein hadn’t read the underlying evidence — and why would he admit that to the committee? As committee member Harris, California’s former attorney general and a current candidate for president in 2020, pointed out, no sane prosecutor would make such a decision one way or another without reviewing all the evidence. (Maybe that’s just a Republican thing. The committee chair, Lindsay Graham of South Carolina, admitted that he hadn’t fully read the Mueller report. The guy. Who chairs the committee. And who called the hearing. Hadn’t. Read. The report. And as for what else Graham said, let’s just say it’s a darned good thing for him that he was not under oath.)

Why would Barr lie in his April 9 testimony to the House and say that he was unaware of Mueller’s concerns about his characterization of the report when, at that point, Barr had had Mueller’s letter to that effect, which was made public today, in his possession for more than a week?

And why couldn’t Barr answer Harris’s big yes-or-no question:

Gaping kitten illustrates the bomb Kamala Harris dropped during her questioning

Has the president or anyone else at the White House asked you to open a criminal investigation on anyone? Doing so likely would not be a crime, but as Richard Nixon’s case showed, it certainly would be an impeachable offense. That Barr either couldn’t or wouldn’t flatly deny that it had happened was damning of both Trump and Barr.

And under questioning from Sen. Richard Blumenthal, D-Conn., Barr insisted that he had never discussed Trump-related matters with anyone at the White House. That was so plainly perjury that he immediately tried to walk it back, saying he didn’t remember any such “substantive” conversations.

Barr also committed at least one huge unforced error: He insisted that there were no underlying crimes documented in the Mueller report and that, based on that, an innocent president had the right to interfere in or kill an investigation of his activities. You following that? An innocent president has the right to kill an investigation — that’s going to prove his innocence.

Not only is that absurd on its face as legal theory, it also presumes facts not in evidence: The Mueller report did indeed surface underlying crimes. Indeed, Trump was named an unindicted co-conspirator in an indictment for one of them along with his former attorney/fixer, Michael Cohen.

The Republican senators were little better, if news reports are to be believed. Hell, Jon Cornyn of Texas really did bring up Hillary’s emails. None showed any interest in getting at the truth; instead, they tried to change the subject to (undocumented) claims of wrongdoing by the intelligence community under President Barack Obama — anything but deal with the dumpster sitting right there before them.

If we learned anything today, it’s the following:

  • Barr is guilty of perjury and obstruction of justice; he has violated the terms of his oath of office to become the personal defender of a corrupt president. He must be impeached, removed from office, and prosecuted, and unlike with the president, indictment could come before impeachment.
  • Trump almost certainly has been abusing his office to criminally investigate political enemies, just as Richard Nixon did. It became an article of impeachment for Nixon; it should for Trump as well.
  • The next president is going to have to be a Herakles to cleanse the Aegean stables of this administration. Or else will have to burn it with fire. That’s how bad things are in this, the 243rd year of our country, and there is no guarantee whatsoever that things will get better anytime soon. Indeed, there is a nontrivial likelihood that they’ll get worse: Barr is scheduled to testify Thursday before the House Judiciary Committee — but his reluctance to be questioned by committee staff means he might well be in contempt of Congress before lunchtime.

UPDATE, 5:52 p.m.: Barr is now refusing to testify Thursday. The Dems really need to just stop asking and start subpoenaing from the git-go, because asking clearly is never going to do them a damn bit of good with this administration. And if anyone tries to jerk them around, they need to hold them in criminal contempt and send them to jail for a year. That’s the only language the mob family in the White House understands.

 

 

Wednesday, January 23, 2019 6:47 pm

Impeachment: OK, now it’s go time, redux

On Friday I said we can wait no longer to begin holding impeachment hearings for Donald Trump in the Houses of Representatives. Now I’m gonna tell you a little more about how we can do that.

You don’t have to be a lawyer to understand this. You just need to know that Trump, like every president before him, swore an oath to “faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” (That oath is found in the Constitution at the end of Section 1 of Article II.)

Now, is there anyone out there who’s prepared to argue, seriously and sincerely, that Dolt 45 has faithfully executed the office? Or that he has worked to preserve, protect and defend the Constitution? Not only has he failed to do so, he has deliberately attempted to do otherwise.

Indeed, hundreds, nay thousands, of contrary examples exist in the public record. The House hearings could go on for years if they attempted to be comprehensive.

The Constitution, in Article II, Section 3, also requires the president to “take Care that the Laws be faithfully executed.” I think creating and artificially extending a government shutdown is not taking care that the (spending) laws be faithfully executed. I imagine it wouldn’t take much to convince a House majority of that, either.

That is what the House should do. It doesn’t need to wait for Robert Mueller, and it shouldn’t. Speaker Nancy Pelosi should direct House Judiciary Chairman Jerry Nadler to open those hearings at once, amass evidence of Trump’s malfeasance, and issue articles of impeachment for the full House to consider.

The country can’t wait any longer. Let’s do this.

 

Friday, January 18, 2019 8:02 pm

Impeachment: OK, now it’s go time

Buzzfeed reports that special counsel Robert Mueller has documentary evidence that Donald Trump ordered his attorney Michael Cohen to lie to Congress. If that’s true, Trump must be impeached immediately.

Donald Trump committed his first impeachable offense on his first day in office and has continued it daily since: profiting personally from his D.C. hotel, to which his supporters here and abroad flock, in violation of the Constitution’s Emoluments Clause. He did it right out in the open, where everyone could see it, no investigation required.

And there are varying degrees of proof in the public record that he has committed other arguably impeachable offenses, too, including but not limited to suborning perjury, money laundering, sedition (if not treason), and so on.

Since May 2017, special counsel Robert Mueller has been investigating ties between Russia and the 2016 Trump presidential campaign, as well as such possibly related issues as money laundering.

Trump was able to do what he did because for the first two years of his term, Republicans controlled both houses of Congress. They would neither hold Trump accountable nor allow Democrats to do so.

That changed on Nov. 6, when Democrats scored a victory not seen since the immediate aftermath of Watergate. Incoming Democratic House committee chairs vowed that Trump would undergo oversight.

As I say, Trump has been guilty of at least one impeachable offense since Day 1. And I believe he should be impeached, on that charge and others. But up until this morning, I had been (grudgingly) content to await the results of the Mueller investigation and/or any reports from the House investigating committees before Congress started discussing that.

And there’s a reason for that: Impeachment, a remedy included in the Constitution by the Framers, is an inherently political act. Other than treason and bribery, the Constitution doesn’t say what an impeachable offense is, with the practical result that an impeachable offense is whatever a majority of the House of Representatives thinks it is. Accordingly, I thought that for any impeachment effort to have much public support, it should be based on the findings of Mueller and/or the House. After all, when Republicans outran public support for their investigation of Bill Clinton in 1998, they paid heavily for it in that year’s midterms.

That changed this morning, when I read the Buzzfeed report that Mueller has documentary evidence that Trump ordered his attorney Michael Cohen to lie under oath to Congress about when negotiations on the proposed Trump Tower Moscow ended. Indeed, Cohen wasn’t even a source for the story. Mueller obtained the documentary evidence first and then went to Cohen for confirmation, which Cohen provided.

Directing another person to commit perjury — “suborning perjury” — is a felony punishable by up to five years in prison and a fine. Not only that, Trump’s nominee for attorney general, Robert Barr, whose confirmation hearings were held this week before the Senate Judiciary Committee, testified in response to questions from both Republican and Democratic senators that for the president to suborn perjury would definitely constitute a crime. (I’m not entirely sure Barr knows what he’s getting into here, and I’m very sure he’s not up to the task and might even be compromised, but that’s a subject for another post.)

Suborning perjury was the first thing mentioned in Richard Nixon’s articles of impeachment. There should be no doubt in anyone’s mind that if in fact the Buzzfeed report is true, the House needs to be drafting articles of impeachment immediately.

Is the Buzzfeed article true? To be fair, we don’t know. It was sourced to two unnamed federal agents. The reporters said they had seen some of Mueller’s documentary evidence, but they could  not obtain and publish copies. At this writing, no other news outlet has independently confirmed the report that I know of.

On the other hand, Buzzfeed, although a new-media upstart, is a credible and professional news outlet — so credible and professional that it was a 2018 Pulitzer Prize finalist in international reporting for what the Pulitzer board called its “stunning probe across two continents that proved that operatives with apparent ties to Vladimir Putin have engaged in a targeted killing campaign against his perceived enemies on British and American soil.” And Jason Leopold, the lead reporter on the piece, is well-regarded as a “ninja” in the business for the ways in which he has used the federal Freedom of Information Act to expose government wrongdoing. (Yes, Buzzfeed catches crap for publishing listicles and other eye candy — but that’s how it pays for investigative reporting. For the record, in 25 years in newspaper I didn’t work for a single paper that didn’t pay for the investigative work with sports, comics, and horoscope, and I don’t recall anyone complaining.) So while we don’t know whether the article is accurate, I think its accuracy is far more likely than not. And if it is accurate, that gun is as smoking and hot to the touch as they come.

Adam Schiff, the California Democrat who chairs the House Permanent Select Committee on Intelligence has said that his committee will be investigating the allegation. Ideally, Mueller will share at least enough of his documentation with Schiff to provide a basis for a referral to the Judiciary Committee for impeachment. And once that happens, Judiciary needs to roll out articles of impeachment and the House needs to pull the trigger.

We are in the midst of the longest government shutdown on record, and it is 100% the responsibility of Donald Trump and the Republicans. The House has passed measures to end it. The Republican-controlled Senate even passed a spending bill 100-0 that Trump rejected after conservative propagandists Ann Coulter and Rush Limbaugh criticized it. Since then, GOP Senate leader Mitch McConnell has not allowed another Senate vote. Trump and McConnell are holding 800,000 federal employees and an untold number of private contractors hostage over Trump’s plan to build a wall on the country’s southern border — a wall that, at this writing, almost 60% of Americans say they oppose. If the shutdown continues much longer, it may well push the country into a recession.

This presidency is on fire. This country is on fire. Given what we learned today, we cannot wait any longer. The House needs to go ahead and impeach Trump for suborning perjury; the Mueller investigation and House committee investigations should continue their investigations, but we can’t afford to wait for them anymore. Impeach Trump. Now.

UPDATE: Welp, Mueller’s office is denying the Buzzfeed story, The Washington Post is reporting. So stay tuned, kids.

 

 

 

Thursday, January 17, 2019 6:55 pm

It’s all Colbert’s fault

I blame Stephen Colbert.

The comedian was speaking to the White House Correspondents Association annual dinner in April 2006 — to the audience in general, but to President George W. Bush, whose poll numbers by then were low, in particular. Colbert said:

Now, I know there are some polls out there saying that this man has a 32% approval rating. But guys like us, we don’t pay attention to the polls. We know that polls are just a collection of statistics that reflect what people are thinking in “reality.” And reality has a well-known liberal bias.

Even then, people were getting news from comedians as well as traditional print and online news sources — and even then, if you live in reality, you had to admit that the comedians frequently provided a … well, less distorted version of objective reality than the traditional news sources.

Only here’s what I think sometimes happened. I think conservatives heard that line and took it literally. Frankly, not much else explains both the behavior of Donald Trump and the Republican Party leadership and the more or less unbudging support for Trump of roughly 37% of the population (although we learned today, from multiple sources, that that number might, finally, be slipping). They’ve shown an aversion to reality that, frankly, is hard (though not impossible) to explain any other way.

And all kidding aside, that aversion to reality can have and is having dangerous effects on the world, our country, and us personally. Only reality-based solutions to problems are likely to work.

Global warming is a huge threat to civilization, and the experts in that field say we have roughly 10 years left to make the significant changes needed to reduce the threat. Republicans mostly oppose any effort to do anything about it. That’s a step up; not so long ago most refused even to acknowledge that global warming existed.

In terms of economics, Republicans have been peddling fantasy for 40 years. No, tax cuts generally never pay for themselves, and big tax cuts on the highest earners in our country not only haven’t paid for themselves, let alone delivered the economic growth that was promised, they’ve also had the effect of funneling wealth up from the working class and middle class to the already very wealthy. I think it’s fair to say that Republicans know their tax policy is fantasy; they just don’t care.

And their policies in areas from health care to the environment are not fact-based, either, and pose the risk of tens of thousands of additional premature American deaths every year.

So it’s all Colbert’s fault, and he needs to reopen the government.

 

 

Wednesday, January 16, 2019 7:17 pm

These two things are not the same

It is hard to believe that there are still people around who think that both major political parties in the United States are the same and that they are equally bad. But I ran into one today.

Truth is, they’re not, and here’s some proof:

One and only one party has relied on appeals to bigotry, with decreasing subtlety, for more than 50 years.
One and only one party supports a fact-free economic and tax policy, one that further enriches the already very rich mainly by hoovering up what remains of the wealth of the middle class and the working class.
One and only one party has made torture an instrument of national policy.
One and only one party wiretapped its own citizens without a warrant in felony violation of the law and then, when the news became public, retroactively changed the law to escape punishment.
One and only one party wants to funnel money to for-profit prisons.
One and only one party denies the existence of anthropogenic global warming.
One and only one party supports energy policies that will make global warming worse, not better, even as scientists say we have roughly 10 years, at best, to do some pretty drastic things just to level it off.
One and only one party is imprisoning children at the border.
One and only one party is pushing to reduce LEGAL immigration by 50%, which would be economic suicide.
One and only one party is working actively to weaken our international economic and military alliances and gutting our State Department.
One and only one party is tolerating more than 30,000 firearm deaths per year, many of them absolutely preventable.
One and only one party is just fine with Saudi Arabia assassinating a U.S. journalist.
One and only one party is acting as an agent, or at least an asset, of a hostile foreign power.
 
I could go on, but I hope you get my point: Both parties are not the same. Republicans are demonstrably worse for the country than Democrats and have been since no later than 1992 and arguably since the early 1960s. Anyone who says the two parties are equally bad is lazy, ignorant or lying. There’s no other option.

Friday, December 21, 2018 5:14 pm

Bill Kristol, Davidson College, and ethics

In public life some sins really are both disqualifying and unforgivable. Bill Kristol is guilty of at least two, and Davidson should have recognized that fact and chosen differently.  

I’m going to be very up-front about Bill Kristol: I do not like him. I never have. And despite his Billy-come-lately effort to vault to the front rank of never-Trumpers, I never will.

So what am I to do with the news that my alma mater, Davidson College, has named him its inaugural visiting Vann Professor of Ethics in Society for 2019? I think the college has made a big mistake.

First, let’s make clear what this ISN’T about. It’s not about censorship or free speech, which is an issue of government regulation, not private regulation. (Davidson is a private school.)

It’s not about exposing students to a broad range of views; Davidson already does that and has for many, many years. You’d have to have gone there to understand how truly laughable we alums find it that conservative critics on occasion have criticized Davidson as liberal.

For me, the mistake here, by Davidson and by the Vann family, who are funding this initiative, is to hold Bill Kristol up as someone from whom the rest of us can learn about applied ethics. Because unless the college were to identify Kristol specifically as a negative example, that certainly isn’t true.

One can disagree with Kristol about plenty, and that’s fine, and it wouldn’t disqualify him from speaking at Davidson or even holding a guest professorship in applied ethics. But I can point to two huge tests of applied ethics that Kristol failed, at a cost of hundreds of thousands of lives and of world-historical consequences that humanity still will be grappling with long after he and I are dead. Those tests were the use of torture as an instrument of U.S. governmental policy and the invasion of Iraq in 2003.

I’ve written a great deal on this blog over the years about the ineffectiveness and evil of torture — not just what it does to the victim but also what it does to the torturer and to the nation that sanctions the use of torture. You can plug “torture” into the search box over there on the right and find it all; it is, as the lawyers say, incorporated by reference.

Not only did Kristol support torture, , he also continued to support it even after all previous arguments for its use during the War on Some Terror had fallen flat. Why would Kristol — why would any human being — continue to support the use of torture even after all the practical arguments on its behalf have been weighed and found wanting? Is there an argument for supporting it other than a practical one? The War on Some Terror is 17 years old, and I have yet to come across such an argument. That Kristol has not repented of his views that I can find suggests he continues to support torture, and for what? For its own sake? That, I suspect, is a question for him and his counselor, but the fact that it exists ought to be disqualifying for a person expected to provide guidance to others in the field of applied ethics.

The other huge test of applied ethics that Kristol failed was the U.S invasion of Iraq in 2003. He and Robert Kagan were among the nation’s leading advocates for that invasion, and the only reason they weren’t the most effective was that George W. Bush, and not they, got to be the one to lie to Congress about the possibility of an Iraqi nuclear-weapons capability. To refresh your memory, most of Congress wasn’t buying what the Bush administration was selling about Iraqi weapons of mass destruction as a justification for invasion. The so-called “16 words” in President George W. Bush’s State of the Union address — the suggestion that Iraq was working on nuclear weapons, though the country in fact had no evidence that that was so — got Congress to authorize the U.S. invasion of Iraq, which, unlike Desert Storm in 1991, was illegal under the United Nations charter and international law.

Tens of thousands of U.S. service members were killed and wounded, along with hundreds of thousands of Iraqis, and the grossly mismanaged occupation of Iraq gave rise to ISIS.

As with torture, Kristol has never repented.

I don’t have a real slam-bang ending here. But in public life some sins really are both disqualifying and unforgivable. Kristol is guilty of at least two, and Davidson should have recognized that fact and chosen a different visiting professor of applied ethics.

 

 

 

Monday, November 5, 2018 7:27 pm

The 2018 elections

I have no special insight and this is probably worth what it cost you, but here’s my prediction for tomorrow:

Dems pick up 32 in the House, lose 1 in the Senate, and take most or all of the tightly contested governor’s races, in addition to ousting a number of bad actors in sub-gubernatorial and legislative races. Beto O’Rourke will not win, and this shouldn’t be a surprise; Cruz’s Senate seat was ALWAYS going to be a tough target for any Democrat in that state.

Now here’s my prediction for Wednesday:

The GOP files suit in every close race they lose for federal office, so we might not know the outcomes of some for weeks. Mueller might drop a grenade or two, but no bombs right away. And Trump likely will start firing a lot of people and moving a few more to his 2020 campaign staff.

And that’s a best-case scenario. I think we’re also likely to turn up evidence of Russian interference and vote manipulation, although not necessarily immediately, and that nothing ultimately will be done about it. And even if the Republicans have a good night, I expect politically motivated violence on their part to increase.

And if the Dems don’t retake the House by a respectable majority, we’re all in a world of hurt.

Friday, September 7, 2018 1:11 pm

Dead SCOTUS nominee walking

In any sane republic, Judge Brett Kavanaugh’s Supreme Court nomination would have been pulled by now. Not only has he clearly perjured himself, more on which in a minute, he also appears to have a gambling problem and may himself have been involved in criminal activity.

But it hasn’t been and it almost certainly won’t be. That’s because the once-noble Republican Party has degenerated completely into a continuing criminal enterprise.

Let us start with perjury, which has been exposed by some of the very documents from Kavanaugh’s time in the Bush 43 White House that the Trump Administration has been so reluctant to release. (Those records are public under the law, by the way.)

He has denied receiving documents stolen from the Senate Judiciary’s Democratic staff by a GOP staffer, Michael Miranda, in 2002, only to have those copies of those documents sent to him from Miranda show up in his White House email. Yet in 2004 and 2006, he denied under oath ever receiving those documents. Sen. Patrick Leahy, ranking Democratic member of the Senate Judiciary Committee, personally called him out on it.

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Kavanaugh also in 2006 denied knowing anything about President George W. Bush’s (then-illegal) warrantless domestic wiretapping program until The New York Times first reported publicly on the existence of the program in 2001. Yet among documents released this week was this email from Kavanaugh to all-around Bush Administration war criminal John Yoo on Sept. 17, 2001, discussing the program.

Also in 2006, Kavanaugh denied under oath having been involved in any White House discussions related to torture. But Sen. Dick Durbin, D-Ill., the same senator to whom Kavanaugh gave his 2006 denial, said Thursday that released documents indicate that Kavanaugh took part in such discussions at least three times.

During his own 2004 confirmation hearing, Kavanaugh denied under oath any involvement in the selection of William Pryor for the 11th U.S. Circuit Court of Appeals. Once again, the documents show otherwise: Kavanaugh helped pick Pryor and get him confirmed.

Similarly, in 2006 Kavanaugh denied under oath having been involved in the selection of Charles Pickering for a federal judgeship, only to have documents pop up more recently that say otherwise.

Kavanaugh also may have misled a lot of people about his recent $200,000 in what he said was credit-card debt. That debt disappeared pretty quickly before his nomination, and because he and his wife both work for the government and don’t make a ton of money by Washington standards, it’s not clear how that happened.

That’s not the only question about that debt, though. This Kavanaugh email seems to suggest that he was a gambler. Frankly, that sounds a lot more plausible than his original story, which is that he ran up that debt because friends had been slow to repay him for purchases of Washington Nationals season tickets on their behalf. Who fronts friends $200,000 on an annual salary of only about $174,000?

Finally, Kavanaugh’s lies about the stolen Democratic records might not just leave him exposed to perjury charges, he may face other charges as well, such as receiving stolen property. Leahy explains it in this Twitter thread.

Finally, keep in mind that only a small fraction of the records pertaining to Kavanaugh’s tenure in the Bush White House has been made public. Given what we’ve learned from what little we have seen so far, it’s no surprise that Republicans have fought so hard to keep the records secret. And it also would be no surprise if more damaging information about Kavanaugh came to light as more records are released, as they will be.

So why haven’t senior Republicans tried to persuade Trump to pull the nomination, that we know of? Maybe they have, but given how badly this administration leaks, if that had been the case I suspect we’d have heard about it by now.

I suspect the reason they haven’t tried is because they’re JUST FINE with Kavanaugh? Why? Because Kavanaugh, like Trump, will advance their conservative agenda if confirmed, just as he has on the D.C. Circuit. He’ll vote to ban abortion and even birth control, approve their destruction of the establishment clause of the First Amendment, approve their gerrymandering, uphold their executive orders, and on and on. Character and probity mean nothing to them. They chose Kavanaugh precisely BECAUSE, for all their professed fealty to stare decisis, he will rewrite the Constitution from the bench. Given that opportunity, they would say nothing even if he shot someone dead at high noon in the middle of Pennsylvania Avenue.

Senate Democrats already should have referred these matters to the Justice Department for a criminal investigation. But let’s not kid ourselves: Jeff Sessions, or any other Trump-appointed attorney general, won’t allow that investigation to happen.

So his nomination, which by all rights should be dead, shuffles foward until the day, not long from now, when he can begin eating the brains of a lot of stuff that makes America such a wonderful country.

And so, because Republicans hold majorities on the Senate Judiciary Committee and in the full body, Kavanaugh probably will be confirmed before the leaves even start changing. But if the Democrats retake at least one house of Congress in November, Kavanaugh could be facing impeachment before midwinter. He probably wouldn’t be convicted – Republicans would need only 34 Senate votes to keep him in office, but he’d be permanently tarred. And that, in this era of diminished expectations, might be the best we can hope for.

So, to sum up: Not only has Kavanaugh lied under oath to the Senate at least five times, not only does his own email suggest he has a gambling problem, but Sen. Patrick Leahy also caught him lying about his involvement in the Republican effort to benefit from Russian interference in the 2016 election – the very investigation of which will come before him if he’s confirmed to the Supreme Court and which might well come before him on the D.C. Circuit even if he isn’t. This nomination is fatally flawed and should be pulled. If it isn’t, Sens. Richard Burr and Thom Tillis should vote against it. But it won’t be, and they won’t, because the GOP is nothing anymore but a continuing criminal enterprise.

***

UPDATE, 9/8: My longtime friend Rob Campany writes on Facebook:

Bill Burck, the lawyer who has been deciding which of these documents about Kavanaugh are released to the committee and of those which documents the public is allowed to see, currently represents former White House chief of staff Reince Priebus, former White House adviser Steve Bannon and the current White House counsel Don McGahn, specifically in the Russia matter, along with at least three other current or former Trump staffers.

He’s representing like six people in the Russia investigation and he`s deciding what we’re allowed to know about the nominee who appears to have been picked probably because of the Russian investigation.

It’s starting to feel like the Mueller investigation and the Kavanaugh nomination are not competing stories anymore. It is starting to feel like this is the same story.

Rob refers to this MSNBC story, which I encourage you to see. Not only are we on the verge of confirming a gambler and perjurer — and having a gambling issue is only one of many things that can keep you from even having a law license in most states — we may be confirming someone complicit in the Russia conspiracy.

 

Thursday, September 6, 2018 8:00 am

Narcissistic, extraconstitutionalist chickenshits

If an anonymous op-ed in The New York Times is to be believed, a few plucky White House staffers are trying to save America and the world from the worst impulses of Donald Trump and expect our support and gratitude.

Screw them.

Screw them because of their narcissism. They clearly are off on this trip in which they and they alone are preserving the country, protecting the rest of us from disaster. That isn’t how the system works, more on which in a minute. Moreover, their perception of disaster is WAY too selective. They pick and choose the papers they don’t like to sneak off the president’s desk, while allowing environment depredation, the caging of children and the evisceration of health care for millions of Americans, thousands of whom will die as a direct result.

Screw them because they swore an oath to uphold the Constitution and instead are operating way outside of what law and the Constitution require. Their duty requires them, if they believe the president is unfit, to resign, come forward publicly, and work for Trump’s impeachment, resignation, or removal from office under the 25th Amendment. The author says he (and the piece is so narcissistic it almost has to have been written by a guy) and his colleagues discussed trying to invoke the 25th Amendment but didn’t want to provoke a “constitutional crisis.” Dude. That horse has gotten out of the barn, over the hill, sired 25 Triple Crown contenders, died peacefully in his sleep and been buried with honors in the Pimlico infield.

Screw them for not having the guts to come forward publicly. Whoever wrote this seems determined to try to maintain some post-Trump viability. That suggests the author either already is a politician – Director of National Intelligence Dan Coats, a former U.S. senator, and U.N. Ambassador Nikki Haley, a former S.C. governor with national political ambitions, come immediately to mind – or is a staffer with political ambitions. Unfortunately, this situation is more important than one person’s political career, a fact the author and his confreres directly refuse to acknowledge.

And, finally, screw them for this:

The bigger concern is not what Mr. Trump has done to the presidency but rather what we as a nation have allowed him to do to us. We have sunk low with him and allowed our discourse to be stripped of civility.

Oh, HELL, no. You don’t get to foist the responsibility for this disaster on everybody else. I didn’t “allow him to do [this] to us,” and neither did 65 million other Americans. YOU made this possible, and you need to understand that and own it. In public. By name. Now.

 

 

Monday, July 23, 2018 7:31 pm

For the 4,683rd time: No, the two parties are NOT both equally bad

I see some version every day, usually multiple times a day, of this argument: “Both parties are to blame for our problems. They’re both equally bad.”

I’m not sure why today’s iteration, a point made in passing by someone I don’t know in the comments of a friend’s Facebook post, triggered me when all the others didn’t. There was nothing unique about his argument, and it wasn’t even his main point.

But he said it, and I reacted viscerally. After taking some time to boil down my thinking, here’s where I am.

Whoa, sorry, ” … the two parties … simply will not compromise for any reason whatsoever”?? No, sir. WRONG. ONE party will not compromise for any reason whatsoever, as a result of which actual Holocaust survivors are warning us that we’re heading down the same road Germany followed in the 1930s.

I’ll give you just one example, albeit a hugely important one. Obama was elected in 2008 with a clear mandate to do something about health care. Rejecting the pleas of his own base for single-payer, something many other Western industrialized democracies are quite happy with, he instead offered what became the ACA, which originated in the 1990s as the Republican/Heritage Foundation alternative to Hillarycare. Democrats accepted more than 130 Republican-sponsored amendments to the original bill. And still, it passed without one single Republican vote. I could cite many more examples.

Please stop repeating false storylines. Both parties are not equally bad. One and only one party has rejected science and truth. One and only one party has made itself an agent of a hostile foreign power and a perpetrator of treason — yes, treason; I’m well aware of the legal definition. One and only one party is pushing economic and tax policies that transfer vast quantities of wealth upward from the poor and middle class into the hands of a hyperwealthy few. One and only one party is campaigning on undisguised appeals to racism and other forms of bigotry. One and only one party is breaking down our democratic norms and our constitutional system of checks and balances. And it’s the party to which I belonged for 38 years: the GOP.

I think the reason why so many people adhere to this view is that no one ever challenges them on it, despite the abundance of grounds on which to do so. Another reason is that some people on cable TV say it, and they don’t get challenged either.

Well, we all know it’s bullshit. So it’s time to call it bullshit, out loud and without apology. If the Democratic Party were flawless I’d join it, and I haven’t done that for a reason. But the Republican Party has gone so far off the edge in so many policy and procedural areas that there isn’t any comparison, and anyone telling you otherwise is lying.

 

Monday, June 18, 2018 10:15 pm

The crying of the lambs

First, listen to this:

That’s the sound of 10 Central American children, recently taken from their parents by the U.S. Customs and Border Patrol at the U.S. border with Mexico.

Listen again, dammit. That’s the sound of a human rights violation being committed in your name and with your tax dollars. That’s audio smuggled out of an office in which your government wouldn’t allow pictures, video or audio. What are they hiding?

They’re hiding a crime against humanity: the tearing of children from their parents, perhaps never to be reunited. Already, a sheriff’s deputy has been accused of sexually assaulting a 4-year-old girl and threatening her mother with deportation if she told police.

This administration started out in mid-2015 making brown people the enemy. It has only done more so since. In the tradition of murderous dictators before him, Donald Trump has insisted that would-be immigrants from Latin America aren’t human, but animals. And so we’re viciously ripping children, including nursing infants, from their parents. In many cases, the parents are being deported but the children kept here, for what nefarious purpose we’re left to guess. The policy is so distasteful that not only Democrat Rosalyn Carter but also Republican Laura Bush have criticized it.

Why? Republicans like to insist — lie — that this is the law of the land and has been since Bill Clinton. That’s horseshit. Although this was an option, it was one that Obama and Bush 43 alike refused to choose, not least because they had to know how bad it was and how bad it would look. This is happening because Attorney General Jeff Sessions invoked this policy in April 2018 (although it always had been part of the plan). Trump, despite claiming that Democrats must “change the law,” is Sessions’s boss and could overturn this policy with a phone call.

But he won’t, because he supports the policy. He supports it because he knows his base does: 58 percent of Republicans support it, as opposed to 5% of Democrats and 27% of independents. And he supports it because he believes he can use these kids as hostages to get funding for his border wall, which wouldn’t work and would only enrich his contractor buddies.

Overall, two-thirds of Americans oppose the policy. At least 48 Democratic senators have signed on to S. 3036, a bill that would overturn the policy, but at this writing not one Republican has signed on. (Jeff Flake and Lindsay Graham and Ben Sasse have expressed concern about the policy, but as usual none is putting his vote where his mouth is.)

At this writing, more than 2,000 children have been separated from their parents. And why? In many cases, the kids accompanied their parents as they came to the U.S. to seek political asylum from the violence in their home countries. Entering this country to seek political asylum is, Hello, absolutely legal.

But there’s a catch. Such immigrants must present themselves at a designated port of entry. And the Department of Homeland Security has been delaying immigrants on the Mexico side of the border for days on end at such ports, forcing some to seek to enter the country at places other than designated ports of entry.

Thus, immigrants fleeing gang violence and death squads are forced to commit a misdemeanor in order to try to enter our country. And it is on that “basis” that children are being separated from their parents. (Some children are taken from parents under the guise of getting a bath. You know where else did that? Auschwitz.)

And the current policy calls for prosecution in 100% of such cases, with parents being told that the only way they ever will see their children again is to plead guilty.

So far, roughly 2,000 kids have been separated from their parents, and that may be an undercount. Why is this bad? It isn’t just sad or inconvenient; it can do permanent brain damage to the children who experience it:

“It is a form of child abuse,” Dr. Colleen Kraft, president of the American Academy of Pediatrics, told “CBS This Morning” co-host Gayle King. Kraft visited a Texas facility where children 12 years and younger are being held.

Kraft described seeing “very quiet” toddlers and one young girl under 2 years old “who was just sobbing and wailing and beating her little fists on the mat.”

“I was told that you couldn’t comfort or hold a crying child,” Kraft said. “And we all knew that this child was crying because she wanted her mother, and we couldn’t give that to her.”

Kraft explained how stress increases levels of cortisol, “our fight-and-flight hormones.”

“Normally that helps to protect us when there’s a dangerous situation. In the instance where children are separated from their parents, the one buffer they have against these fight-or-flight chemicals is gone and so these children are on red alert all the time and they’re not able to buffer these different hormones,” Kraft said. “And what this can do is disrupt the synapses and the neurological connections that are part of the developing brain.”

The American Psychological Association adds:

APA warned that trauma from family separation is a significant social determinant of mental and physical health, and referenced decades of documented research showing the harmful effects of parent-child separation on children and caregivers’ emotional and psychological well-being. APA implored the administration to reconsider this deleterious policy and commit to the more humane practice of housing families together pending immigration proceedings.

This is what is being done to children in our name. This is what Trump, lying, says is the result of a Democratic law. This is what we must do, says Attorney General Jeff Sessions, invoking Romans 13, despite the fact that the Bible says that unjust laws may not be obeyed, that the Torah says no fewer than 36 times that aliens must be treated hospitably and that Jesus, most famously in the parable of the Good Samaritan, constantly stresses hospitality; despite the fact that we are a secular republic and don’t use the Bible as a policy guide; despite the fact that Jeff Sessions’s own church says he’s wrong, wrong, wrong; despite the fact that a huge number of faith leaders from a wide variety of faith traditions agrees; despite the fact that Jeff Sessions ordered this to happen and Jeff Sessions could order it to stop. Secretary of Homeland Security Kirstjen Neilsen even insisted, laughably, that the U.S. had no such policy …
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We do not have a policy of separating families at the border. Period.

… even as White House staffer Stephen Miller said that it was a simple decision.

Welp. This is who we are, America in 2018. When Trump took office, tried to ban Muslims, and got hit with a barrage of lawsuits, we proudly boasted, “First they came for the Muslims, and we said, ‘Not this time, motherf*ckers.'” But, somehow, we have gotten very quickly to well past “First they came for …”

The Nazis are here, America, right here in 2018. Wake up and fight back. That means voting Democratic, every race, every time, and getting as many people as possible to the polls to do likewise. Mueller isn’t going to save us. Trump isn’t going to get bored and resign, and the current, Republican-controlled House will never impeach him. This will only stop when we elect enough Democrats to Congress to put a stop to this hideous practice, which the UN High Commissioner for Human Rights has denounced and which Amnesty International has called “nothing short of torture.”

We have roughly 150 days to the election. If enough Democrats win, we can put a stop to this and many other inhumane and ill-advised policies. But if we do not, we will slip, as Winston Churchill warned in 1940, into the abyss of a new Dark Age.

And we had better move fast, because go listen to that audio again. Those kids are already there.

Tuesday, January 30, 2018 5:57 pm

Constitutional crisis: You’re soaking in it; or, The state of the union is shaky

Later tonight Donald Trump will give his State of the Union address. There’s no reason to think that he’ll say anything truthful; accordingly, I won’t be watching. One advantage of this is that rather than playing drinking games, I can just drink, thoughtfully, like a grownup.

But if you want to know the actual state of the union, right now it is goddamned shaky. We have not one but two constitutional crises going on right now, either one of which would be serious all by itself. Together, they’re frightening.

The first is that on Monday, Trump forced FBI Deputy Director Andrew McCabe out early. McCabe had been planning to retire in March. He’s gone now, taking accrued leave to get up to his retirement date. McCabe’s crime has been allowing Special Counsel Robert Mueller’s investigation of possible Trump campaign ties to Russian interference in the 2016 election to proceed more or less without molestation.

Then, later Monday, Trump’s administration announced that despite being given a direct order by Congress, it would not be imposing additional sanctions on Russia. Congress approved those sanctions 419-3 in the House and 98-2 in the Senate specifically to punish Russia for meddling in the 2016 election. Trump’s refusal is a direct violation of the take-care clause of Article II, Section 3 of the Constitution: the president “shall take Care that the Laws be faithfully executed …”

What’s the remedy for this refusal? Impeachment. But with the Republicans in control of both houses of Congress, that won’t happen. Why not? One or both of two possible reasons: 1) The Republicans, or a significant number of them, are complicit with the Russians, and/or 2) the Republicans have finally, completely given up on putting country before party, a road they’ve been heading down since at least the 1994 elections.

When a leader commits impeachable offenses and doesn’t get impeached or criminally tried, bad things inevitably happen down the line. Nixon should have been indicted and tried; he wasn’t, and some of his underlings went on to create more trouble in the Reagan era. Reagan and then-VP George H.W. Bush should have been impeached over Iran-contra. They weren’t, and Bush was free to pardon all those convicted, some of whom went on to serve in the Bush 43 administration. Bush 43 should have been impeached for torture if nothing else. He wasn’t, and now Trump is sucking up to torturing, murdering dictators like Putin, Erdogan and Duterte and attempting to emulate them in his governing style.

You say it can’t happen here? It is happening here. The firing last year of FBI director James Comey, the forcing out of McCabe, Trump’s attempt to fire Mueller last summer, and his reported desire to fire Deputy Attorney General Rod Rosenstein, who is overseeing Mueller’s investigation, and his reported desire to have Attorney General Jeff Sessions prosecute Mueller and his team, are a slow-motion Saturday Night Massacre, and Congress and the press are sitting around with their thumbs up their hind ends. We’re very close to no longer being a nation under the rule of law, and once we pass that point, the state of the union may well be irretrievably broken.

I’m going to have that drink now.

 

Saturday, December 9, 2017 11:48 am

The diminishing view from the moral high ground

As Democrats work to align their practices with their stated principles, they — and women — risk losing a wider war.

Time magazine has dubbed them “The Silence Breakers” and named them Person of the Year: the women (mostly) who have come forward to allege sexual harassment, or worse, on the part of powerful men, many of them quite famous.

Politics having forever been a boys’ club, it’s no surprise that the trend is affecting official Washington. What has been striking, however, has been the difference in the ways Democrats and Republicans have handled allegations against their respective members.

Democratic Rep. John Conyers, the longest-serving member in the House, was forced to resign. Sen. Al Franken, the Minnesota Democrat who some Democrats believe should be the party’s 2020 presidential nominee, was forced to resign. (More on him in a moment.) Rep. Alcee Hastings, the Florida Democrat, is alleged to have used more than $200,000 in taxpayer money to settle allegations; at this writing he has not resigned, but his situation is tenuous.

Contrast that approach with the GOP’s: Rep. Blake Farenthold, a Texas Republican, also used taxpayer money to settle allegations; he hasn’t resigned and has no plans to. (UPDATE: There are new allegations against him, too.) Roy Moore, the former Alabama Supreme Court chief justice who has been accused of sexual assault by women including one who was 14 at the time, is running for the vacant Alabama seat in the U.S. Senate with the full support of the Republican National Committee, Alabama elected officials (who are mostly Republican) and President Donald Trump, himself currently being accused of sexual harassment or assault by almost 20 women. The Republicans who control Congress have expressed zero interest in expelling Farenhold, expelling Moore if he’s elected (legally, the Senate probably cannot prevent him from being seated if he wins), or even investigating Trump.

The Democrats, having long espoused equality of the sexes, and having argued at least since the 1991 Anita Hill case that women accusers should be believed, are now having to figure out exactly how that will work in practice, lest they be credibly accused of hypocrisy. There’s no road map; it’s being drawn now as they proceed. But they do seem to be acting, or trying to act, on the belief that the party’s practices should align with its principles, however painfully.

This is a particularly acute problem in Franken’s case. The allegations against him are generally far more minor in nature than those against, say, Moore or Trump. Franken has been an ally for women in the Senate. And, again, a lot of Dems would’ve liked to see him not just stay in the Senate but also go on to win the White House. But the party, publicly led by women senators, insisted he resign. And so he said he would.

But the Republicans, having not been a party that particularly favors women’s rights, have no such worries about hypocrisy. As has been abundantly clear at least since 1995, they care not about principles, only power. Accordingly, they’ve doubled down on support for Moore, primarily to protect their tenuous Senate majority.

Think about that. One of the two major parties in this country thinks it’s just fine for a credibly accused child molester to be a U.S. Senate candidate, and to be seated if he wins. And while the press hasn’t exactly endorsed Moore — indeed, Alabama’s three largest newspapers editorialized against Moore and in favor of his Democratic opponent, Doug Jones — neither has it made enough of a stink about the GOP’s appalling lack of a moral center. And Republican voters are all for him, and not just in Alabama.

Now think about this: Suppose Moore were a Democrat, and his Republican opponent would become the 51st Republican senator — enough to, say, overturn the Affordable Care Act or some other law favored by liberals. Would the Democrats take the “Democrats uber alles!” approach? It’s inconceivable that they would (I suspect most would sit the race out, which is as good as voting for the Republican). And in the unlikely event that they did, it’s inconceivable that the news media would accept that decision with the equanimity that it seems to be accepting GOP support of Moore.

Herein lies a major dilemma for Democrats: If they do the right thing — and punishing sexual harassers and abusers is indisputably the right thing — they’ll get, at best, nominal congratulations from their base (some of whom will argue, correctly, that this course correction is happening decades too late), nominal praise from the news media, and little to no political bump.

Republicans, on the other hand, have decided that they can brazen out anything — and that therefore, they will. If anything, this is enhancing the already-strong party support from the base. Moreover, Republicans are not paying a price either in news coverage or in public esteem; the country already is deeply divided along partisan lines, so any movement would be minimal to begin with, but even so, the latest disturbing news about GOP support for a sexual predator is having little to no discernible impact on voter registration.

So from a political standpoint, what’s the benefit to Democrats of doing the right thing? It keeps the base on board, which is important, but beyond that, benefits are hard to see. And why does that matter? Because the Republicans are actively hostile to women’s rights, and only the Democrats can stop them from their current path toward banning not just abortion but also birth control, halting efforts to ensure equal pay for equal work, and many other things — yes, including stopping sexual harassment. As Slate’s Dahlia Lithwick observes:

Is [Franken going while Moore stays] the principled solution? By every metric I can think of, it’s correct. But it’s also wrong. It’s wrong because we no longer inhabit a closed ethical system, in which morality and norm preservation are their own rewards. We live in a broken and corroded system in which unilateral disarmament is going to destroy the very things we want to preserve.

To see the double standard in action, watch Mike Huckabee making the case that Roy Moore should be welcomed into the Senate because Franken has stayed. Then keep watching and realize that in the next breath, he adds that Moore has “denied the charges against him vehemently and categorically” so they must be false. Franken and Conyers are deployed by the right to say Moore should stay, and then they are dismissed as suckers for crediting their accusers.

We see this dynamic in other areas of politics, too, such as to what extent Nazis should be given the same rights as everybody else: The problem is that Nazis aren’t playing by the same rules as everyone else; they intend to use their rights to get into a position in which they can deny the rights of others. And as Supreme Court Justice Robert Jackson, who presided at the Nuremberg war-crimes trials, has famously observed, “The Constitution is not a suicide pact.”

So what can the Democrats do? I don’t think playing the game the way the Republicans do is the right call; that way, no one wins, least of all the victims of sexual harassment and assault.

Beyond that, I would argue that the party needs to make this issue a priority, by which I mean Democrats in both houses of Congress, and particularly the women senators who brought about Franken’s resignation, ought to use the rules of their respective houses to throw enough wrenches into the works to bring business to a standstill until there’s a bipartisan investigation of the allegations (including alleged the rape of a then-13-year-old girl) against Donald Trump and against Supreme Court justice Clarence Thomas for lying about his treatment of Anita Hill, and a standard procedure to follow in each house when a member is accused of sexual misconduct. If a government shutdown ensues, so be it. This matters (UPDATE: and if Vanity Fair is correct, it’s about to start mattering a whole lot more).

From where I sit, Al Franken had to resign. Yes, there’s some circumstantial evidence that the first accusation against him was by a Republican operative. But the accusations against him, though minor as these things go, were too serious, numerous and credible to ignore.

But rather than simply announcing he would resign — and even noting the irony of his resignation when Trump, accused by more people of having done worse things, remains in office — I wish Franken had said, “I will resign … right after you do, Mr. President.” That would help restore some of the moral and ethical balance now currently MIA in U.S. politics, and it would lessen the political costs and enhance the political benefits to the Democratic Party of redoubling its work on behalf of the victims of sexual misconduct, and on behalf of women generally.

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