Whereof One Can Speak šŸ‡ŗšŸ‡¦

Nothing special, one post at a time since 2012

Finally, Some Confirmation

The Washington Post reported tonight:

The Justice Department is investigating President D____ T____’s actions as part of its criminal probe of efforts to overturn the 2020 election results, according to four people familiar with the matter.

Prosecutors who are questioning witnesses before a grand jury — including two top aides to Vice President Mike Pence — have asked in recent days about conversations with T____, his lawyers, and others in his inner circle who sought to substitute T____ allies for certified electors from some states Joe Biden won, according to two people familiar with the matter. Both spoke on the condition of anonymity to discuss an ongoing investigation.

The prosecutors have asked hours of detailed questions about meetings T____ led in December 2020 and January 2021; his pressure campaign on Pence to overturn the election; and what instructions T____ gave his lawyers and advisers about fake electors and sending electors back to the states, the people said. Some of the questions focused directly on the extent of T____’s involvement in the fake-elector effort led by his outside lawyers,Ā including John Eastman and Rudy Giuliani, these people said.

In addition, Justice Department investigators in April received phone records of key officials and aides in the T____ administration, including his former chief of staff, Mark Meadows, according to two people familiar with the matter. That effort isĀ another indicator of how expansive the Jan. 6 probe had become, well before theĀ high-profile, televised House hearings in June and JulyĀ on the subject….

There are two principal tracks of the investigation that could ultimately lead to additional scrutiny of T____, two people familiar with the situation said, also speaking on the condition of anonymity to discuss an ongoing investigation.

The first centers on seditious conspiracy and conspiracy to obstruct a government proceeding, the type of charges already filed against individuals who stormed the Capitol on Jan. 6 and on two leaders of far-right groups, Stewart RhodesĀ and Henry ā€œEnriqueā€ Tarrio, who did not breach the Capitol but were allegedly involved in planning the day’s events.

The second involves potential fraud associated with the false-electors scheme or with pressure T____ and his allies allegedly put on the Justice Department and others to falsely claim that the election was rigged and votes were fraudulently cast….

But Could He Be Elected from a Jail Cell?

On a very hot summer afternoon, what better to consider than what to do about “a pathetic, degenerate huckster capable of great violence and evil” who is going to run for president again? Followed by some encouraging words from Merrick Garland. First, from Charles Blow of The New York Times:

His entire foray into politics has been one of testing the fences for weaknesses. Every time a fence has failed, he has been encouraged. He has become a better political predator.

With the conclusion of this series of hearings about the Jan. 6 insurrection, it has become ever clearer to me that T____ should be charged with multiple crimes. But I’m not a prosecutor. I’m not part of the Department of Justice. That agency will make the final decision on federal charges.

The questions before the Justice Department are not only whether there is convincing evidence that T____ committed the crimes he is accused of but also whether the country could sustain the stain of a criminal prosecution of a former president.

I would turn the latter question around completely: Can the country afford notĀ to prosecute Trump? I believe the answer is no.

He has learned from his failures and is now more dangerous than ever.

He has learned that the political system is incapable of holding him accountable. He can try to extort a foreign nation for political gain and not be removed from office. He can attempt a coup and not be removed from office.

He has learned that many of his supporters have almost complete contempt for women. It doesn’t matter how many women accuse you of sexual misconduct; your base, including some of your female supporters, will brush it away. You can even be caught on tape boasting about sexually assaulting women, and your followers will discount it.

He has learned that the presidency is the greatest grift of his life. For decades, he has sold gilded glamour to suckers — hawking hotels and golf courses, steaks and vodka — but with the presidency, he needed to sell them only lies that affirmed their white nationalism and justified their white fragility, and they would happily give him millions of dollars. Why erect a building when you could simply erect a myth? T____ will never willingly walk away from this.

Now with the investigation into his involvement in the insurrection and his attempts to steal the election, he is learning once again from his failures. He is learning that his loyalty tests have to be even more severe. He is learning that his attempts to grab power must come at the beginning of his presidency, not the end. He is learning that it is possible to break the political system.

Not only does T____ apparently want to run again for president; The New York Times reportedĀ that he might announce as soon as this month, partly to shield himself ā€œfrom a stream of damaging revelations emerging from investigations into his attempts to cling to power after losing the 2020 election.ā€

T____ isn’t articulating any fully fleshed-out policy objectives he hopes to accomplish for the country, but that should come as no surprise. His desire to regain power has nothing to do with the well-being of the country. His quest is brazenly self-interested. He wants to retake the presidency because its power is a shield against accountability and a mechanism through which to funnel money.

Should his re-election bid prove successful, T____’s second term will likely be far worse than the first.

He would tighten his grip on all those near him. Mike Pence was a loyalist but in the end wouldn’t fully kowtow to him. The same can be said of Bill Barr. T____ will not again make the mistake of surrounding himself with people who would question his authority.

Some of the people who demonstrated more loyalty to the country than they did to T____ during these investigations were lower-level staff members. For the former president, they, too, present an obstacle. But he might have a fix for that as well.

AxiosĀ reported on Friday that ā€œT____’s top allies are preparing to radically reshape the federal government if he is re-elected, purging potentially thousands of civil servants and filling career posts with loyalists to him and his ā€˜America First’ ideology”.

According to Axios, this strategy appears to revolve around his reimposing an executive order that would reassign tens of thousands of federal employees with ā€œsome influence over policyā€ to Schedule F, which would strip them of their employee protections so that T____ could fire them without recourse to appeal. [Note: T____ created Schedule F by executive order a few weeks before the 2020 election. It gave him unprecedented power to ignore civil service rules. President Biden repealed the executive order on his second day in office.]

Perhaps most dangerous, though, is that T____ will have learned that while presidents aren’t too big to fail, they are too big to jail. If a president can operate with impunity, the presidency invites corruption, and it defies the ideals of this democracy.

A T____ free of prosecution is a T____ free to rampage.

Some could argue that prosecuting a former president would forever alter presidential politics. But I would counter that not prosecuting him threatens the collapse of the entire political ecosystem and therefore the country.

Unquote.

We don’t know what it will mean, but Attorney General Merrick Garland repeated his intention to hold everybody responsible for January 6th (and possibly the entire attempted coup):

It Was Religion, Plain and Simple (and Crazy)

It’s the official doctrine of the Catholic Church that a zygote, blastocyst, embryo or fetus is just as much a human being as you or me. It’s a crazy idea, but it shouldn’t matter to the rest of us what a church’s doctrine is as long as they leave the rest of us alone (and don’t do anything crazy to their children on religious grounds). It shouldn’t even matter to the rest of us that a lot of non-Catholics have adopted the same peculiar idea. The problem is that millions of people who accept this strange religious doctrine want the rest of us to act as if we accept it too.

I don’t know how many people who want to force pregnant women and girls to give birth are motivated by the religious idea or by the desire to control women’s and girls’ lives. Some or many are motivated by both. Linda Greenhouse, who writes about the judicial system for the New York Times, says she originally put the Dobbs decision that overturned Roe v. Wade in the abortion category, but then decided it was really about religion:

My own way of keeping track of a Supreme Court term is to log each of the term’s decisions on a chart labeled by category: criminal law, administrative law, speech, federalism and so on. For this past term, one of my charts was, of course, labeled ā€œabortion,ā€ and naturally that’s where I recordedĀ Dobbs v. Jackson Women’s Health Organization….

But the other day, going over my charts before filing them away to prepare for the next term, a realization struck me. I had put Dobbs in the wrong place. Along with the decision aboutĀ the praying football coachĀ and the oneĀ requiring Maine to subsidize parochial school tuition, Dobbs belongs under ā€œreligion”….

Justice Alito took pains to present the majority’s conclusion as the product of pure legal reasoning engaged in by judges standing majestically above the fray of Americans’ ā€œsharply conflicting viewsā€ on the ā€œprofound moral issueā€ of abortion, as he put it in the opinion’s first paragraph. And yet that very framing, the assumption that the moral gravity of abortion is singular and self-evident, gives away more than members of the majority, all five of whom were raised in the Catholic Church, may have intended.

AĀ recent essay in my local newspaper by a Congregational minister, John Nelson, was a powerful reminder that in speaking from one particular religious tradition, the court ignored other vital streams of religious thought. ā€œSamuel Alito is as free as any person to hold forth on morals and politics,ā€ Pastor Nelson wrote, ā€œbut his opening salvo is backed up with no reflection on the sources, claims or nuances of morality, leaving the impression that the decision was developed through moral bias rather than moral reasoning.ā€ Describing his own response to the decision as one of ā€œfury,ā€ the pastor said that the justices, in their ā€œconcern for the lives of fetuses,ā€ overlooked the ā€œlived experienceā€ of women. ā€œTo show no regard for a lived experience is immoral,ā€ he wrote.

Indeed, the fetus is the indisputable star of the Dobbs opinion. That is not necessarily obvious at first reading: The opinion’s 79 pages are larded with lengthy and, according to knowledgeableĀ historians, highly partial and substantially irrelevant accounts of the history of abortion’s criminalization. In all those pages, there is surprisingly little actual law. And women, as I have observedĀ before, are all but missing. It is in paragraphs scattered throughout the opinion that the fetus shines.

ā€œNone of the other decisions cited by Roeā€ and Planned Parenthood of Pennsylvania v. Casey, the 1992 ruling that reaffirmed the right to abortion, ā€œinvolved the critical moral question posed by abortion,ā€ Justice Alito wrote. ā€œThey are therefore inapposite.ā€ Further on, he wrote: ā€œThe dissent has much to say about the effects of pregnancy on women, the burdens of motherhood, and the difficulties faced by poor women. These are important concerns. However, the dissent evinces no similar regard for a state’s interest in protecting prenatal life.ā€

This was a strange criticism of the dissenting opinion, signed jointly by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. They argued vigorously for retaining the 1992 Casey decision, which in fact, in a departure from Roe, declared that the state’s interest in fetal life was present from the moment of conception. Casey authorized the states to impose waiting periods and ā€œinformed consentā€ requirements that the court in the years following Roe v. Wade had deemed unconstitutional.

Justice Alito knows the Casey decision very well. As a federal appeals court judge, he had been a member of the panel that upheld most of Pennsylvania’s Abortion Control Act in the case that became Casey. Then-Judge Alito, alone on the panel, wanted to uphold a provision of the state law that required a married woman to inform her husband of her plan to get an abortion.

In affirming the appeals court’s decision, the Supreme Court in Casey emphasized in one of the opinion’s most vivid passages the unconstitutional burden that the spousal notice requirement placed on women: ā€œWe must not blind ourselves to the fact that the significant number of women who fear for their safety and the safety of their children are likely to be deterred from procuring an abortion as surely as if the Commonwealth had outlawed abortion in all cases.ā€ Perhaps that aspect of the Casey decision still rankled. In any event, Justice Alito’s attack on his dissenting colleagues for ignoring the state’s interest in fetal life was seriously misguided.

Of course, from his point of view, Casey didn’t go far enough because the weight the court gave to fetal life was well below 100 percent. The Casey decision was five days shy of 30 years old when the court overturned it, along with Roe v. Wade, on June 24. Given that this was their goal from the start, the justices in the Dobbs majority really had only one job: to explain why. They didn’t, and given the remaining norms of a secular society, they couldn’t.

There is another norm, too, one that has for too long restrained the rest of us from calling out the pervasive role that religion is playing on today’s Supreme Court. In recognition that it is now well past time to challenge that norm, I’ll take my own modest step and relabel Dobbs for the religion case that it is, since nothing else explains it.

Prognosis: Not Good At All

American democracy is dying, according to Brian Klaas of University College London, and “when they start dying … they usually don’t recover”:

For decades, the United States has proclaimed itself a ā€œshining city upon a hill,ā€ a beacon of democracy that can lead broken nations out of their despotic darkness. That overconfidence has been instilled into its citizens, leading me a decade ago to the mistaken, naĆÆve belief that countries [with faltering democracies] have something to learn from the U.S. rather than also having wisdom to teach us.

During the D____ T____ presidency, the news covered a relentless barrage of ā€œunprecedentedā€ attacks on the norms and institutions of American democracy. But they weren’t unprecedented. Similar authoritarian attacks had happened plenty of times before. They were only unprecedented to us.

I’ve spent the past 12 years studying the breakdown of democracy and the rise of authoritarianism around the world, in places such as Thailand, Tunisia, Belarus, and Zambia…. My studies and experiences have taught me that democracies can die in many ways. In the past, most ended in a quick death….. But in the 21st century, most democracies die like a chronic but terminal patient. The system weakens as the disease spreads. The agony persists over years. Early intervention increases the rate of survival, but the longer the disease festers, the more that miracles become the only hope.

American democracy is dying. There are plenty of medicines that would cure it. Unfortunately, our political dysfunction means we’re choosing not to use them, and as time passes, fewer treatments become available to us, even though the disease is becoming terminal. No major pro-democracy reforms have passed Congress. No key political figures who tried to overturn an American election have faced real accountability. The president who orchestrated the greatest threat to our democracy in modern times is free to run for reelection, and may well return to office.

Our current situation started with a botched diagnosis….Most American pundits and journalists used an ā€œoutsider comes to Washingtonā€ framework to process T____’s campaign and his presidency, when they should have been fitting every fresh fact into an ā€œauthoritarian populistā€ framework or a ā€œdemocratic death spiralā€ framework. While debates raged over tax cuts and offensive tweets, the biggest story was often obscured: The system itself was at risk…..

The basic problem is that one of the two major parties in the U.S. … has become authoritarian to its core. Consequently, there are two main ways to protect American democracy. The first is to reform the Republican Party, so that it’s again a conservative, but not authoritarian, party….

The second is to perpetually block authoritarian Republicans from wielding power. But to do that, Democrats need to win every election. When you’re facing off against an authoritarian political movement, each election is an existential threat to democracy. “Democracies can’t depend on one of two major parties never holding power,ā€ argues Brendan Nyhan, a government professor at Dartmouth College….Eventually, the authoritarian party will win.

Erica Frantz, an Michigan State University expert on authoritarianism, told me she shares that concern: With Republicans out of the White House and in the congressional minority, ā€œdemocratic deterioration in the U.S. has simply been put on pause”….

When democracies start to die, they usually don’t recover. Instead, they end up as authoritarian states with zombified democratic institutions: rigged elections in place of legitimate ones, corrupt courts rather than independent judges, and propagandists replacing the press.

There are exceptions. Frantz pointed to Ecuador, Slovenia, and South Korea as recent examples. In all three cases, a political shock acted as a wake-up call, in which the would-be autocrat was removed and their political movement either destroyed or reformed. In South Korea, President Park Geun-hye was ousted from office and sent to prison. But more important, Frantz explained, ā€œthere was a cleaning of the house after Park’s impeachment, with the new administration aggressively getting rid of those who had been complicit in the country’s slide to authoritarianism.ā€

Those examples once signaled a hopeful possibility for the United States. At some point, T____’s spell over the country and his party could break. He would go too far, or there would be a national calamity, and we’d all come to our democratic senses.

By early 2021, [he] had gone too far and there had been a national calamity. That’s why, on January 6, 2021, as zealots and extremists attacked the Capitol, I felt an unusual emotion mixed in with the horror and sadness: a dark sense that there was a silver lining.

Finally, the symptoms were undeniable. After T____ stoked a bona fide insurrection, the threat to democracy would be impossible to ignore. As Lindsey Graham and Mitch McConnell denounced Trump on the Senate floor, it looked like Republicans might follow the South Korean path and America could finally take its medicine.

In reality, the denunciations were few and temporary. According to aĀ new poll from the University of Monmouth, six in 10 Republican voters now believe that the attack on the Capitol was a form of ā€œlegitimate protest”….And rather than cleaning house, the Republicans who dared to condemn T____ are now the party’s biggest pariahs….

That leaves American democracy with a bleak prognosis. Barring an electoral wipeout of Republicans in 2022 (which looks extremely unlikely), the idea that the party will suddenly abandon its anti-democracy positioning is a delusion.

Pro-democracy voters now have only one way forward: Block the authoritarian party from power, elect pro-democracy politicians in sufficient numbers, and then insist that they produce lasting democratic reforms.

The wish list from several democracy experts I spoke with is long, and includes passing the Electoral Count Act [which may soon happen], creating a constitutional right to vote, reforming districting so more elections are competitive, … electing the president via popular vote, reducing the gap in representation between states like California and Wyoming, introducing some level of proportional representation or multimember districts, aggressively regulating campaign spending and the role of money in politics, and enforcing an upper age limit for Supreme Court justices. But virtually all of those ideas are currently political fantasies.

The American system isn’t just dysfunctional. It’s dying. Nyhan believes there is now a ā€œsignificant riskā€ that the 2024 election outcome will be illegitimate. Even Frantz, who has been more optimistic about America’s democratic resilience in the past, doesn’t have a particularly reassuring retort to the doom-mongers: ā€œI don’t think U.S. democracy will collapse, but just hover in a flawed manner, as in Poland.ā€

We may not be doomed. But we should be honest: TheĀ optimisticĀ assessment from experts who study authoritarianism globally is that the United States will most likely settle into a dysfunctional equilibrium that mirrors a deep democratic breakdown. It’s not yet too late to avoid that. But the longer we wait, the more the cancer of authoritarianism will spread. We don’t have long before it’s inoperable.

The Dumbest Timeline

When did we stumble into the dumbest timeline? Maybe we did it in 1914 when the European powers blundered into a devastating world war. Maybe it was in 1964 when Barry Goldwater accepted the Republican nomination for president while claiming that “extremism in defense of liberty is no vice”. Or maybe it wasn’t until 2016 when a demagogic con man eked out a victory in the Electoral College. Regardless of when we got here, there’s strong evidence that that’s where (or when) we are. Jonathan Chait of New York Magazine offers two pieces of evidence:

First, the demise of Biden’s social policy agenda:

The most depressing thing about the demise of the Biden administration’s social-policy agenda — other than the demise itself, of course — is the atmosphere of sheer economic illiteracy that surrounded it. Critics of the measure, ultimately including Joe Manchin, made arguments against it that were not so much misguided as lacking any elemental grasp of the basic principles involved (ā€œnot even wrongā€).

The main argument used against Biden’s plan was that it would worsen inflation, with conservatives scolding Biden for ignoring the sage insights ofĀ Larry Summers. To take just one example, punditĀ Marc Thiessen wrote that Biden signed an economic stimulus in March 2021 ā€œdespite warnings from even liberal economists, such as former Treasury secretary Lawrence H. Summers…. But instead of trying to tamp down the flames, Biden keeps trying to pour gasoline on the inferno, with more spending and more free money from Washington.ā€ The tone of this column, like many of the right-wing polemics, is one of incredulous condescension: Biden is such a blithering idiot that he is ignoring the obvious conclusion and instead digging holes and pouring gasoline or whatever.

Whatever the case against Build Back Better, this was not it. The American Rescue Plan did contribute to inflation; itsĀ purposeĀ was to stimulate demand by injecting deficit-financed spending into the economy. Build Back Better had a different purpose: to address social needs over a long period of time and finance that spending through taxation.

Spending financed by new taxes is not inflationary. That is why Summers himself endorsed Build Back Better. Yet [reactionaries] spent the better part of a year citing Summers as the authority on why Biden’s long-term plans would cause inflation, oblivious to the fact that any economist, very much including Summers, would say otherwise.

In deference to public concerns about inflation, Manchin ultimately reshaped the last version of the bill as an anti-inflationary measure. The plan would have raised $1 trillion in new revenue (or reduced spending) and used half the proceeds for deficit reduction. This would not have had a large effect on inflation, but there is no question that … it would place downward pressure on prices.

[Republicans] simply refused to acknowledge this aspect of the plan at all. In the end, even Manchin himself abandoned his own plan, which was designed in part to reduce inflation, on account of inflation, which is like deciding not to cut greenhouse-gas emissions because it’s too hot.

… When the 9.1% inflation number was released,Ā Manchin [supposedly] said to Schumer, “Why can’t we wait a month to see if the numbers come down? How do you pour $1 trillion on that tempo with inflation?

Remember, $1 trillion is not the size of the spending in the bill; $1 trillion is the size of the revenue. That’s the pay-for aspect of the bill Manchin insisted on maintaining in order to fight inflation. The $1 trillion would not be poured onto economic growth. It would be pouredĀ out ofĀ economic growth.

In the end, Biden’s attempt to enact permanent social change died in an atmosphere in which the most ignorant fallacies carried the day.

Next, incoherence and derangement on gay marriage:

In 2004, the Republican Party was united in anger at the idea that judges would seize the issue of gay marriage from its rightful place in the legislative arena…..ā€œThe only question is whether the constitutional status of marriage will be determined by unelected judges or the American people,ā€ claimed theĀ Alliance for Marriage.

[Republicans] may finally get their wish. The matter of gay marriageĀ is finally coming for a vote before what they have always insisted is its rightful venue: Congress. And yet, far from expressing gratitude thatĀ Congress is finally exerting its sacred Article III powers, conservatives are angry that elected officials are now meddling in business properly settled by the courts…..The old danger of activist judges has passed, and now conservative principle requires the party to take a stand against activist … legislators.

Congress is voting to codify same-sex marriage because theĀ Supreme Court’s decision overturningĀ RoeĀ v.Ā Wade undercut the main legal theory that supported other unenumerated rights, including marriage equality….

It wasn’t long ago that opposition to gay marriage held pride of place atop the ideals of the right-wing firmament, second only to the strategic genius of the Bush administration’s ā€œglobal war on terrorā€ strategy. Conservatives thundered daily against the horrific terrors that would ensue if gay people were permitted to wed each other….

After their heroic stand at the gates of civilization failed, essentially none of the things conservatives warned would happen actually transpired. The cycle of failed prophecy is a familiar one for American conservatism. Every new social or economic reform, from the abolition of child labor to the establishment of Social Security to Obamacare, brings hysterical predictions of collapse that eventually give way to silent acceptance without any stage of reconsidering the failed mental model that produced the erroneous fears in the first place.

At the moment, the case against gay marriage has reached an awkward phase. Marriage equality has enough broad acceptance (around 70 percent support) that the party doesn’t wish to emphasize the issue. But the minority in opposition forms a large enough portion of their base that few Republicans wish to renounce their old stance completely.

Hence the incentive to declare the matter an improper subject for public debate. Unable to take a stand either in favor or against the marriage-equality bill, Republicans are instead directing their arguments … against the Democrats for bringing it up at all….

Finally, an exchange on Twitter between a right-wing blogger and a history professor:

Blogger: Remember when they spent years telling us to panic over the hole in the ozone layer and then suddenly just stopped talking about it and nobody ever mentioned the ozone layer again? This was also back during the time when they scared school children into believing “acid rain” was a real and urgent threat.

Professor: The ozone hole and acid rain. Two things that were LITERALLY fixed by science-led, globally-coordinated, long-term, concrete international action. It’s like being held hostage by the world’s stupidest serial-killer.