How We Got Here & What To Do

It’s so strange, but I haven’t woken from this nightmare yet. And it’s so realistic, in one sense of that word.

But seriously, Charles Pierce of Esquire has written the best explanation I’ve seen of how we got to this bizarre, dangerous point in our history. It’s called “Russia’s Interference in This Election Should Not Be a Surprise: This kind of thing has been a long time coming”. 

I wish every adult would read it, because it was written for adults, the millions of Americans who are grown up enough and rational enough to perceive reality and then take responsibility for their own and other people’s lives.

If, for example, the 306 Republicans in the Electoral College read it, at least 37 of them might do their duty next Tuesday. They would vote for someone else and let the House of Representatives make the final decision. Otherwise, December 19, 2016 (it’s only one week away) will join the other dates in American history that live in infamy.

So please read Mr. Pierce’s article now. Here it is. It won’t take more than a few minutes.

As Mr. Pierce says, this is the starkest challenge to a free people that has arisen in our lifetimes. So what shall we do?

The first thing you might do is remind the Republican electors of their responsibility to defend the Constitution and protect the United States of America. One patriotic American has created a website with instructions on how to do exactly that. It’s called Direct Election. The site has lots of tools, including letters already addressed to 273 of the 306 Republican electors (the others were hard to locate).

I’m going to start mailing a letter myself, maybe something like this:

Dear …

If you are planning to vote for Mr. Trump on December 19th, or feel obligated to do so, please don’t.

Mr. Trump isn’t a real Republican. He’s not even a real Democrat. He is a dangerous, psychologically-damaged con man who must never become President of our great nation. 

I won’t ask you to vote for a specific person. But I do respectfully ask that you vote for someone other than Mr. Trump. By doing so, you will perform your solemn duty to protect the Constitution and the United States of America.

After all, the Electoral College was designed to forestall the election of a person unfit to be President. That includes anyone who puts his own financial interests or the interests of a foreign power ahead of ours. We need someone who loves America and is both willing and able to fulfill the responsibilities of the job. 

I respectfully submit that Mr. Trump is not such a man. The evidence, including his behavior since winning the election, is clear. You are now our only hope. Thirty-seven of you can let the House of Representatives choose a qualified person. More of you working together can determine who is President. Please vote for anyone else on December 19th.

Please note that any state laws that say an elector must vote a certain way are most likely unconstitutional. Furthermore, thousands of concerned citizens stand ready to pay for any legal fees or fines you might incur, and there are lawyers who have pledged to provide free legal services to any electors who face legal consequences for voting their conscience.

Thank you for reading this letter.

Sincerely yours, and God bless America, …

Assuming the Electoral College fails to do its duty next week, there are other things to do.

First, Timothy Snyder, the Housum Professor of History at Yale University and the author of Bloodlands: Europe Between Hitler and Stalin, offers a “Twenty-Point Guide to Defending Democracy Under a T—p Presidency”. The first item on his list is:

1. Do not obey in advance.

Much of the power of authoritarianism is freely given. In times like these, individuals think ahead about what a more repressive government will want, and then start to do it without being asked. You’ve already done this, haven’t you? Stop. Anticipatory obedience teaches authorities what is possible and accelerates unfreedom.

Second, Thomas Geoghagan, a Chicago labor lawyer and author, describes “Four Things We the People Can Do About Our Unjust Voting System and a President Trump”. Three of his four suggestions require legislative action. One would involve states with Democratic majorities agreeing to an interstate compact: 

This interstate compact … would be a quasi-constitution—a model for what the whole country should have. 

Such a compact might include, for example:

  • A ban on partisan redistricting of U.S. House and state legislature positions.
  • A right to healthcare.
  • A commitment to carry out their share of what the U.S. committed to in the Paris global warming accords.
  • A bill of rights for employees, including a right not to be terminated except for just cause.
  • A formula for a just level of funding for public education.
  • A comprehensive system of background checks for gun purchases.

Mr. Geoghagan concludes:

Since each of the above is an act that the state itself would be free to take, an interstate compact would not infringe on federal sovereignty —or require approval of Congress under Article I, section 10. 

Let one part of America, at least, be a city on a hill.

In Case You Missed It, Let’s Review the Crime That’s Still in Progress

Republican Senator Mitch McConnell and Republican FBI Director James Comey, with help from Vladimir Putin and Julian Assange, are in the process of stealing our election. They’ll do it unless the Electoral College does its constitutional, patriotic duty nine days from now and elects Hillary Clinton or some other qualified person.

The indictment:

According to the CIA, and probably the NSA too, neither of which are generally considered left-wing organizations, Russia hacked both Democrats and Republicans this year, but the Russians only gave the Democrats’ stolen information to Wikileaks. Wikileaks then gave the information, some of which was embarrassing to the Democrats and the Clinton campaign, to the world.

In September, President Obama informed Congressional leaders that the Russians had done this in order to elect the Orange Menace. Obama also requested a bipartisan declaration opposing the Russian interference in our election. But Senator McConnell, the Republican Majority Leader, wouldn’t make a joint statement, arguing that it would interfere with the election.

Instead, on October 7th, the Department Of Homeland Security and the Office of the Director of National Intelligence issued their own watered-down joint statement on Russia’s hacking activity, not pointing out that only information damaging to the Democrats was being revealed:

The U.S. Intelligence Community [which includes the CIA, FBI, NSA and thirteen other agencies] is confident that the Russian Government directed the recent compromises of e-mails from US persons and institutions, including from US political organizations…. These thefts and disclosures are intended to interfere with the US election process….We believe, based on the scope and sensitivity of these efforts, that only Russia’s senior-most officials could have authorized these activities.

Furthermore, on October 31st, the Financial Times reported that the Republican Director of the FBI was against making even that announcement:

FBI chief opposed US statement blaming Russia for hacks

Government official says James Comey had election timing concerns

Of course, only three days before, and only eleven days before the election, Director Comey ignored the Department of Justice policy against making such announcements near an election and sent a letter to Congressional leaders announcing a new investigation into emails possibly involving Hillary Clinton.

That letter was immediately leaked to the press and led to a blizzard of news coverage. The Orange Menace immediately declared that “this changes everything”. Although nothing at all came of the investigation, the Clinton and T—p campaigns agree that the FBI’s new suggestion of scandal was the crucial last-minute event that swayed enough voters to change the election. From Politico:

Top officials for both campaigns said the revelation—which turned out to be an inconsequential cache of previously parsed emails kept on the laptop of Clinton aide Huma Abedin’s estranged husband, Anthony Weiner—was a game-changer in a race in which Clinton had little margin for error. Elan Kreigel’s team saw her numbers collapse in the most volatile swing demographic: educated whites who had been repulsed by Trump’s sexual misdeeds.

To sum up: Vladimir Putin releases hacked emails in order to defeat Clinton. Julian Assange makes the emails public. Mitch McConnell and James Comey interfere with voters being told about Russia’s plan on the grounds that it will affect the election, i.e. hurt the Republican candidate. Meanwhile, Comey ignores Department of Justice policy and tells the world that there is more to the supposed Clinton email scandal, not caring that his last-minute “revelation” will affect the election, i.e. hurt the Democratic candidate.

Despite everything, Clinton gets almost 3 million more votes than T—p nationwide. But in three “swing” states that Clinton expected to win, T—p gets 77,000 more votes than Clinton, giving him the Electoral College majority necessary to become President.

As the saying goes, can you spell “coup d’Ă©tat”? How about “treason”? If you think that’s too harsh, how about “putting party ahead of country”?

The solution:

At this late date, the only ones who can prevent this crime from succeeding are the Republican members of the Electoral College. Thirty-seven of them can deny an unqualified, dangerous person the presidency and let the House of Representatives choose someone else. Forty-eight of them can switch to Hillary Clinton and elect the qualified person who got more votes. It’s that simple. 

And yet it’s that unlikely. What are the odds that there are more than a handful of Republicans among the 306 who will vote on December 19th who are sufficiently patriotic and sufficiently respectful of the Constitution to do what Alexander Hamilton said was necessary? Regarding the Electoral College, from The Federalist Papers, number 68:

Nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the Union?…

But the convention have guarded against all danger of this sort, with the most provident and judicious attention. They have not made the appointment of the President to depend on any preexisting bodies of men, who might be tampered with beforehand to prostitute their votes; but they have referred it in the first instance to an immediate act of the people of America, to be exerted in the choice of persons for the temporary and sole purpose of making the appointment….

All these advantages will happily combine in the plan devised by the convention; which is, that the people of each State shall choose a number of persons as electors, equal to the number of senators and representatives of such State in the national government, who shall assemble within the State, and vote for some fit person as President. Their votes, thus given, are to be transmitted to the seat of the national government, and the person who may happen to have a majority of the whole number of votes will be the President….

The process of election affords a moral certainty, that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications. Talents for low intrigue, and the little arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States.

I mean, how amazing would it be, if a band of brave citizens, now being referred to as “Hamilton Electors”, rose to the occasion, saved the world and got complimentary tickets to the Broadway smash “Hamilton” too?

PS – Forgot to mention that T—p is going to appoint Senator McConnell’s wife to a cabinet position. Others in T—p’s cabinet, like the head of Exxon who will be Secretary of State, are very pro-Russian. But emails!

PPS – Nate Silver, respected political analyst and statistician, on Twitter: “Clinton lost 4 states (FL, MI, WI, PA) by ~1 point. If not for Comey/Russia, she probably wins them all by ~2 points & strategy looks great.”

It’s Too Painful To Read Every Word

But the opening paragraphs of this article by Rick Perlstein are worth considering:

I was curious, so I did a bit of research on theories about why great civilizations fall. Some scholars point to the danger of overextended militaries, others to overwhelmed bureaucracies. Sometimes the key factor is declines in public health, often caused by agricultural crises. Political corruption is another contender, as are inflated currencies, technological inferiority, court intrigue, rivals taking control of key transportation routes, or an overreliance on slave labor. Others point to changes in climate, geographic advantages won and lost, or the ever-popular invasion by barbarian hordes.

None I could find, however, mentioned what may become future historians’ most convincing explanation for America’s fall, should [T—p] end up her author and finisher: bad journalism.

It’s fitting when you think about it, however. Deep thinkers (and shallow thinkers too) have been saying for years that we live in the Age of Information. Now, thanks to the internet, we also live in the Age of Misinformation. 

We have crackpots with keyboards (looking in the mirror here) who publish whatever they want online. We have the “fake news” phenomenon in which rumors, lies, conspiracy theories and government disinformation are gobbled up and shared worldwide.

Mr. Perlstein reminds us that, when asked to identify the most important issue in the recent campaign, 17% of voters picked “government corruption”, even though the last eight years of Democratic government have been the least scandal-plagued in recent American history. Furthermore, “voters trusted [T—p] over Clinton … on the issue by a margin of 48 to 39 percent, her worst deficit on any issue”.

The reason, of course, for this bizarre state of affairs is that professional journalists made Clinton’s emails the biggest campaign story of the year, while the monster’s documented history of fraud and corruption and his incredible array of pending conflicts of interest were downplayed or ignored. They also made millions of voters think the Clinton Foundation, which saves lives, was corrupt, even though the Trump Foundation is nothing more than a tax scam.  

Bad journalism, even from reputable media companies, contributes to the flood of misinformation every day. One reason is that “news” comes at us in shorter and shorter bursts, more quickly all the time. What used to be called “sound bites” are now more likely to be a few words on a screen without any context or room for explanation.

The problem is much more serious now that we have a mentally ill businessman/TV personality/politician whose every thought instantly becomes “news”. Just in the past few days, he announced to the world that he had saved “over 1,100” jobs in Indiana. That number immediately became front-page news all over the country. Now it turns out that 730 jobs are staying in the U.S. but 550 jobs are going to Mexico. A union leader later said T—p “lied his ass off”. And 700 jobs from one of the company’s other facilities are still going to Mexico. 

Yesterday, T—p declared that “Boeing is building a brand new 747 Air Force One for future presidents, but costs are out of control, more than $4 billion. Cancel order!” Again, the “news” was suddenly everywhere. Boeing’s stock price dropped and gullible people proclaimed that T—p is already getting tough on government spending. In reality, Boeing hasn’t built anything yet. They don’t even have the government contract to build something. In fact, they are the only company willing (partly for the publicity value) to build two extremely high-tech, nuclear-war-resistant planes to replace the ones that are now almost 30 years old. The government estimates that each plane will cost $1.6 billion. One aviation analyst said that anyone who thinks they should cost less is “completely ignorant”.

It’s been said that this election killed journalism. It looks like journalism, abetted by the internet, may have killed us first.

Finally! A Small Crack in the Dam!

A Republican member of the Electoral College has publicly announced that he will not vote for the Orange Menace! Let him be the first of many.

Mr. Christopher Suprun of Texas explains his reasoning here. His conclusion:

The election of the next president is not yet a done deal. Electors of conscience can still do the right thing for the good of the country. Presidential electors have the legal right and a constitutional duty to vote their conscience. I believe electors should unify behind a Republican alternative, an honorable and qualified man or woman such as Gov. John Kasich of Ohio. I pray my fellow electors will do their job and join with me in discovering who that person should be.

Fifteen years ago, I swore an oath to defend my country and Constitution against all enemies, foreign and domestic. On Dec. 19, I will do it again.

Because the United States has never faced a domestic enemy as dangerous as you know who.

And as obviously dangerous. The two most shocking events in my lifetime have been (1) forty million Americans voting for T—p and (2) the destruction of the World Trade Center. In that order.

It’s Supposed To Be One Person, One Vote

I can’t remember a less thankful Thanksgiving than last week’s. It’s hard to be grateful for ordinary well-being when the government’s executive branch is undergoing a hostile takeover. And it’s a hostile takeover by a gang of crooks, incompetents, bigots and cranks, otherwise known as the President-elect, his cabinet and his senior staff.

So it’s as good a time as any to review the rotten state of American democracy. We can even consider how we might fix it. (I say “we” because “they” live off the rot.)

British journalist Mehdi Hasan summarizes several ways in which our political system sucks:

#1:  We don’t have a national election. We have 51 separate elections. That’s how a woman who gets 65.0 million votes (and counting) can lose to a monster who gets 62.6 million. Those 51 contests result in 538 people being elected to the Electoral College. Those 538 people will select the new President on December 19.

#2: Our political campaigns take months and months and cost more per capita than in any other country. Most of the money goes to round-the-clock TV advertisements in key states (see #1). Those of who live in the rest of the country are taken for granted. 

#3: Relatively few of us vote. The last time 60% of the voting age population voted was in 1968. Most developed countries do much better.

#4: Rather than making it easier to vote, states run by Republicans are making it more difficult. The goal of this “voter suppression” is to stop as many Democrats as possible, especially African Americans, from voting. 

#5: Local politicians, not independent commissions, fix the boundaries of Congressional districts once every ten years. They put as many voters of the other party as possible in bizarrely-shaped districts while creating dependable majorities for their own party in the other districts. This process of “gerrymandering” – which the Republicans did so well in 2010 – helps explain why members of the House of Representatives hardly ever lose their jobs (97% were reelected this year). 

Mr. Hasan concludes:

Is this really what we define as democracy? Or is this, to quote the president-elect, a “rigged” system? Rigged not against Trump and the Republicans but against the poor, against ethnic minorities, against Democrats but, above all else, against basic democratic norms and principles and pretty simple notions of equality and fairness?

This isn’t a time for denial or deflection. The American political system is broken. Far from being the “world’s greatest democracy”, … representative democracy in the United States seems further hollowed out with every election cycle.

In fact, Mr. Hasan left out one of the worst failures of American politics. Some votes count more than others. We give lip service to the principle of One Person, One Vote, but the Constitution gives precedence to states with smaller populations. Small states are over-represented in the U.S. Senate, which determines who will be on the Supreme Court, and in the Electoral College, which determines who will be President.

Throw in the effects of geography and gerrymandering, and even the House of Representatives fails to meet the One Person, One Vote standard. This year, the Republicans beat the Democrats in House races by 61.5 million to 58.3 million. Ideally, that should translate into a slim 223-212 majority for the Republicans, not the 241-194 majority the Republicans will actually have. 

Not only do the residents of small states have excessive representation in the Federal government, but so do white voters. That’s because the smallest states have fewer minorities. From The Progressive:

The states with the fewest minorities (Idaho, New Hampshire, Nebraska, [etc.]) represent a total electoral college block of thirty-seven electoral votes. Based on their actual population, however, they should only be getting twenty electoral college votes…. 

Meanwhile, if we add up the ten states with the largest minority populations (California, Texas, Florida, [etc.]), we find that, based on population, they should be getting 276 electoral votes. In reality, though, they only get 240…

The problem is that not only do states vary greatly on who has access to the ballot box but, assuming you have successfully cleared the bureaucratic hurdles to get a voter ID card, waited in line for several hours, and cleared all the other voter suppression tactics and actually voted in your state, the [Federal] system itself is tilted in favor of certain states and certain voters.

So, borrowing a phrase from one or two Russian revolutionaries, what is to be done? How can we make America more democratic and, as a result, more Democratic? It sure won’t be easy. All right wing ideologies, from the 18th century on, have had a common theme. They fear that their power is at risk, so they fight like hell to maintain their position in the hierarchy. But let’s think about how we might reform the system anyway.  

A few years ago, the political scientist Norman Ornstein proposed a Voting Rights Act for the 21st century (that was soon after the Republicans on the Supreme Court gutted the Voting Rights Act for the 20th century). He recommended, among other things:

  • The Federal government would create a standardized, personalized ballot that everyone would use to vote for President and members of Congress.
  • The Social Security Administration would issue a modern photo ID to everyone with a Social Security number (which these days means every U.S. citizen). If you had one of these ID’s and were 18 or older, you would be eligible to vote.
  • The government would allow weekend voting at any local polling place, with early voting the week before [why not have polling stations in every U.S. post office, for example?].

Mr. Ornstein didn’t mention the problem of making sure votes are properly counted, but that would be an obvious improvement too. For example, David Dill, a professor of computer science, founded the Verified Voting Foundation. He explains here how easy it would be to interfere with one of our elections. Professor Dill proposes, therefore, that: 

We need to audit computers by manually examining randomly selected paper ballots and comparing the results to machine results. Audits require a voter-verified paper ballot, which the voter inspects to confirm that his or her selections have been correctly and indelibly recorded… Auditing methods have recently been devised that are much more efficient than those used in any state. It is important that audits be performed on every contest in every election, so that citizens do not have to request manual recounts to feel confident about election results. With high-quality audits, it is very unlikely that election fraud will go undetected whether perpetrated by another country or a political party.

There is no reason we can’t implement these measures before the 2020 elections. As a nation, we need to recognize the urgency of the task, to overcome the political and organizational obstacles that have impeded progress.

Finally, there are three other reforms that hardly need mentioning.

The Electoral College was meant to protect small states and slave-owning states back in the 18th century. It still has one valid purpose: the members of the Electoral College can stop a truly unqualified or dangerous person from becoming President. (Small states get more than enough protection from the U.S. Senate and the Supreme Court.) If, however, the Electoral College allows T—p to become President, there is no reason to think it will ever fulfill its remaining purpose. That means we need to either amend the Constitution to get rid of the Electoral College or make the damn thing superfluous (the latter option is the goal of the National Popular Vote Interstate Compact, which I wrote about earlier this month).

A second obvious reform is to institute a less partisan way of designing Congressional districts, that is, to limit the effect of gerrymandering. Yesterday, three Federal judges ordered North Carolina to redraw its legislative districts and hold a special, more representative election next year. Non-partisan commissions can do a better job at drawing district lines than politicians and their cronies. So can software, as described here, for example.

Of course, the last obvious change we need to make is campaign finance reform. Rich people and corporations should not exert exorbitant influence in a democracy. As the saying goes, it’s supposed to be One Person, One Vote, not One Dollar, One Vote.  Now all we have to do is convince, replace, out-vote or out-maneuver the right-wing reactionaries who stand in our way.Â