Blog on the Run: Reloaded

Thursday, December 19, 2019 12:52 pm

Impeachment is only the beginning

I know you don’t want to, but please do me a favor and watch the three-minute pre-impeachment speech given last night by U.S. Rep. Devin Nunes, R-Calif., because I think you need to see and hear it to understand just how much danger the country would remain in even if Donald J. Trump disappeared tomorrow.

After the votes last night to impeach Trump, MSNBC commentator Nicolle Wallace, a former Bush 43 administration official, decried the “cheap tribalism” of Congressional Republicans, calling it “sad.”

Well, don’t be sad, be terrified, because the problem with Republicans goes way further than “cheap tribalism.” The party has been on an unbroken 50-year slide toward dictatorship, and it shows no signs whatever of being ready to get off the ride. Trump is merely the logical, predictable, and predicted result of that slide, a symptom and not the disease.

Indeed, Trump could be gone tomorrow and we would still have to reckon with the fact that one of our two major parties has forsworn constitutional democracy in pursuit of absolute, dictatorial power. The GOP is now the party of treason, not nearly enough Americans understand that, and not nearly enough of those who understand it are saying so, including our so-called liberal media.

Again, if you doubt me, welp, just watch Nunes’s speech (or Mitch McConnell’s much longer speech from this morning, embedded below), in which Nunes ludicrously insists that it was the Democrats, not the Republicans, who colluded with Russia. While Nunes was last seen suing an imaginary cow, he cannot be underestimated because his speech is weapons-grade batshit and Reichstag-fire evil — and there’s not a Republican man or woman in the House or Senate who doesn’t agree with him.

I don’t know how you fight an entire party, but I do know that it starts with not giving them a single vote and denouncing them at every opportunity. But if we don’t fight it, America’s 232-year experiment with constitutional republican government could be over not in years, but in months.

(Here’s McConnell’s speech.)

 

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.

 

Tuesday, January 7, 2014 6:31 pm

One reason among many why Mitch McConnell is probably going to hell

Today he did this:

Minority Leader Mitch McConnell (R-KY) offered on the Senate floor to extend unemployment benefits if the Obamacare individual mandate was delayed for a year. He claimed that they would “pay” for the unemployment benefits extension by killing Obamacare. The problem is that the ACA doesn’t add anything to the deficit.

In October when the CBO rescored the ACA, they found, “Those amounts do not reflect the total budgetary impact of the ACA. That legislation includes many other provisions that, on net, will reduce budget deficits. Taking the coverage provisions and other provisions together, CBO and JCT have estimated that the ACA will reduce deficits over the next 10 years and in the subsequent decade.”

McConnell was trying to eliminate something that reduces the deficit in order to pay for an extension of unemployment benefits. This is how delusional Republicans are about the ACA. They have invented their own reality on healthcare, and this includes their own version of a fiscal impact on the law that doesn’t exist.

People are losing homes and more because of long-term unemployment, and all Mitchell can do is play politics: He wants to kill a program that doesn’t add to the deficit in order to pay for some very basic help for people still out of work because (surprise!) there are still about three unemployed people for every available job.

(And where in the pluperfect hell was he when we needed to pay for the wars in Afghanistan and Iraq and borrowed every dime of those trillions instead? Did he go along with a tax increase then? Hell,  no. And so we marched off and fought two wars for the first time in U.S. history without raising taxes to help pay for it.)

This is the behavior of a sociopath, and a delusional one at that. When you create your own reality, when you successfully sell yourself a line of bullshit, the result may include nontrivial numbers of homeless, hungry, or even dead people. And anyone who willfully and intentionally engaged in that behavior, knowing what its consequences will be (and that children will be, disproportionately, among the victims), deserves to go to hell.

Tuesday, August 6, 2013 6:50 pm

Quote of the Day, KY Senate race edition

Kentucky Secretary of State Alison Lundergan Grimes, a likely Democratic candidate for the U.S. Senate seat held by Minority Leader Mitch McConnell, on McConnell’s obstructionism, particularly overuse of the filibuster:

“Let’s tell it like it is. If the doctors told Sen. McConnell he had a kidney stone, he wouldn’t pass it.”

Monday, June 14, 2010 8:24 pm

Shorter Mitch McConnell

We Republicans screwed up the government so badly it both allowed Deepwater Horizon to happen and was unable to respond effectively to it. So no one should trust government.

Thursday, February 25, 2010 6:23 am

Yass we can

Filed under: Fun — Lex @ 6:23 am
Tags: ,

The Facebook page “Can  This Horse’s Ass Get More Fans Than Sen. Mitch McConnell?” had accumulated 8,188 fans this morning, more than twice as many as Sen. Mitch McConnell’s 3,202 fans. My inner 12-year-old thinks this is hilarious.

(In other McConnell-related Facebook news, “Impeach Mitch McConnell” has 345 members to “Thank you Mitch McConnell”‘s 125.)

Sunday, February 7, 2010 12:27 am

Odds and ends for 2/6

New York’s attorney general comes down hard on Ken Lewis and Joseph Price in a civil lawsuit, alleging that the Bank of America CEO and CFO misled not only the bank’s shareholders but also their own board, the company’s lawyers and the public as to the amount of water Merrill Lynch was taking on when BAC acquired it — an amount sufficient to have taken BAC down too without a taxpayer bailout. While we wonder why Lewis and Price remain unindicted comes news that Lewis’s attorneys intend to call Hank Paulson and Ben Bernanke to testify in his defense. If my 401k and kids’ college funds weren’t so devastated, I’d be buying popcorn.

The United States attorney general comes down hard on Mitch “WATB” McConnell and other Republicans who think there’s any sort of basis in fact or law for trying the Underpants Bomber anywhere but U.S. District Court. Read the whole thing; it is full of Win.

If he legally changed his name to “Enormous Genitals,”* do you think it would help?: Pakistani career diplomat Akbar Zeb has been rejected by Saudi Arabia as ambassador to that country because his name translates into Arabic as “biggest d**k.” You laugh, but the United Arab Emirates rejected him earlier for the same reason. (h/t: Fred)

*Movie reference:

UPDATE: Fred says we missed a chance by not including this, and I agree:

Shredding the Constitution. Again: The U.S. government was surveilling an American citizen, Anwar al-Awlaki, for months and months and never came up with any basis for indicting him. And yet, somehow, he ends up on an assassination list, in apparent violation of at least three different amendments to the Constitution. Someone want to explain to me how this works?

Fritz Kraemer: the biggest warmonger you’ve never heard of.

How good are you at assessing risk — in particular the risk that what you think about a particular subject might be wrong? You can take a test here to find out. The higher your score (perfect is 100), the more willing you are to consider the possibility that what you think you know is actually wrong. I scored 93, which probably comes as a surprise to everyone who considers me dogmatic. It doesn’t surprise me for two reasons: 1) In 25 years of journalism, you learn to do your homework. So on stuff that I was confident I was right on, I was confident for a reason, and I didn’t hedge my bets, so to speak, during the test. 2) In 25 years of journalism, you also learn not to lean too hard on stuff of which you’re not confident, because the consequences can be much worse than just getting a fact wrong. They can include getting fired and sued. So on questions where I wasn’t certain, particularly those containing multiple factual assertions, I usually chose the “just have no freakin’ idea” option and didn’t feel any shame about doing it.

Tom Tancredo thinks we need a “civic literacy test” that people must pass to be able to vote. So Eli says, OK, fine, let’s get some answers to these questions.

Obama’s ugly budget would look even uglier if Fannie Mae and Freddie Mac liabilities — which, since Christmas Eve, have been potentially unlimited — had been on budget. But, in a trick Bloomberg calls “worthy of Enron,” they were left off.

Multiple personalities; or, IOKIYAR: Rep. Pete Hoekstra, who went all “Pulp Fiction” on Nancy Pelosi months ago for accusing the CIA of lying to Congress, is accusing the CIA of lying to Congress.

What is the Obama Justice Department hiding, and why are Senate Democrats helping them?: Dawn Johnsen’s nomination to head Justice’s Office of Legal Counsel should have been approved months ago; instead, it’s “hung up.” Again. For reasons that make sense only if you believe that Obama doesn’t really want her but also doesn’t want to take the PR hit for pulling her nomination. Memo: Dumping all over your friends is a real good way to get your base fired up to turn out in a challenging midterm election. Not.

How Republicans are trying to recruit more women: “Women sometimes need a little more handholding, or they need their friends to help them make a decision,” Republican National Committee co-chair Jan Larimer said. Ooooo-kay.

Given how often someone tries to repeal important parts of the Bill of Rights, I’m not entirely certain that such Senate traditions as filibusters and the hold should end. But I think we can safely say that when one senator — in this case, Richard Shelby of Alabama, whom no one will ever accuse of sentience — can put at least 70 presidential nominations on hold just because he’s not getting the pork he wants, it really is time to rethink some things. It’s also worth remembering that 1) the pork Shelby is seeking is 10x as much as Ben Nelson got for signing on to the health-care reform bill and 2) Shelby tried to kill GM and Chrystler bailouts because foreign auto makers have plants in his state. This isn’t about the good of the nation; this is about Shelby doing things because he can. But the national media appear to agree that IOKIYAR.

In light of the impending Super Bowl, a few words on the football players about whom almost nothing good is ever said. One reason I like Dan Dierdorff as a football announcer is that, having been an O-lineman, he’s conscious of what they do and how often it makes a big, big difference that most announcers never even pick up on.

Republicans can’t work with Democrats because they want Obama impeached, believe he’s a socialist, think he was born outside the U.S. and therefore is ineligible to be president, aren’t sure if he wants the terrorists to win, think it’s at least possible ACORN stole the 2008 election, consider Sarah Palin more qualified to be president than Obama, don’t want sex education taught in public schools and do want Biblical creationism taught in public schools. But the media think our biggest political problem is that Democrats aren’t sufficiently bipartisan. Sigh.

I’m beginning to understand why Tennessee fans hate Lane Kiffin: He has secured a verbal commitment from a quarterback who’s currently in seventh grade.

Former HP CEO and current Senate candidate Carly Fiorina has unleashed sheer madness in the form of a campaign ad that runs for 3.5 minutes and includes everything from a totally bass-ackwards metaphor to some poor schlub crawling on all fours in a sheep suit. I know it’s California, but still:

One of Jason Linkins’ commenters tips us to the artistic inspiration for the ad:

I want to see this movie. The California election, not so much.

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