Investigations On Parade!

Heather Parton, also known as Digby, founder of the Hullabaloo blog, has compiled a list of planned Congressional investigations. They have a common thread. The list is organized by House committee.

Oversight:
Michael Cohen payments
Trump International Hotel lease
Census citizenship question
Prescription drug prices
Security clearances
Russian sanctions

Intelligence:
Russian collusion
Border wall
Russian sanctions

Judiciary:
Protecting Special Counsel Mueller
Family separation

Way and Means:
Trump tax returns

Natural Resources:
Puerto Rico reimbursements

Energy and Commerce:
Family separation
Environmental Protection Agency and climate change

Homeland Security:
Border security

Foreign Affairs:
Russian sanctions

Transportation:
Trump International Hotel lease
Russian sanctions

Voting matters.

Start the Impeachment Process Now, Part 2

Rep. Rashida Tlaib, now famous for recently proclaiming “let’s impeach the motherfucker”, and political activist John Bonifaz present the case for the House of Representatives to immediately begin the impeachment process:

[The president] is a direct and serious threat to our country. On an almost daily basis, he attacks our Constitution, our democracy, the rule of law and the people who are in this country. His conduct has created a constitutional crisis that we must confront now. 

The Framers of the Constitution designed a remedy to address such a constitutional crisis: impeachment. Through the impeachment clause, they sought to ensure that we would have the power, through our elected representatives in Congress, to protect the country by removing a lawless president from the Oval Office.

We already have overwhelming evidence that the president has committed impeachable offenses, including, just to name a few: obstructing justice; violating the emoluments clause; abusing the pardon power; directing or seeking to direct law enforcement to prosecute political adversaries for improper purposes; advocating illegal violence and undermining equal protection of the laws; ordering the cruel and unconstitutional imprisonment of children and their families at the southern border; and conspiring to illegally influence the 2016 election through a series of hush money payments.

Whether the president was directly involved in a conspiracy with the Russian government to interfere with the 2016 election remains the subject of Special Counsel Robert Mueller’s investigation. But we do not need to wait on the outcome of that criminal investigation before moving forward now with an inquiry in the U.S. House of Representatives on whether the president has committed impeachable “high crimes and misdemeanors” against the state: abuse of power and abuse of the public trust.

Those who say we must wait for Special Counsel Mueller to complete his criminal investigation before Congress can start any impeachment proceedings ignore this crucial distinction. There is no requirement whatsoever that a president be charged with or be convicted of a crime before Congress can impeach him. They also ignore the fact that many of the impeachable offenses committed by this president are beyond the scope of the special counsel’s investigation.

We are also now hearing the dangerous claim that initiating impeachment proceedings against this president is politically unwise and that, instead, the focus should now shift to holding the president accountable via the 2020 election. Such a claim places partisan gamesmanship over our country and our most vulnerable at this perilous moment in our nation’s history. Members of Congress have a sworn duty to preserve our Constitution.  Leaving a lawless president in office for political points would be abandoning that duty.

This is not just about [the president]. This is about all of us. What should we be as a nation? Who should we be as a people? In the face of this constitutional crisis, we must rise. We must rise to defend our Constitution, to defend our democracy, and to defend that bedrock principle that no one is above the law, not even the President of the United States. Each passing day brings more pain for the people most directly hurt by this president, and these are days we simply cannot get back. The time for impeachment proceedings is now.

Begin to Impeach the Motherfucker

Leading Democrats in Congress say they should wait for the Mueller investigation’s findings before talking about impeachment, even though they don’t know what the Mueller findings will be or when the investigation will end. Meanwhile, we have a president who is unfit to serve another day.

David Leonhardt of the NY Times makes the case for impeaching him now:

The presidential oath of office contains 35 words and one core promise: to “preserve, protect and defend the Constitution of the United States.” Since virtually the moment [the president] took that oath two years ago, he has been violating it.

He has repeatedly put his own interests above those of the country. He has used the presidency to promote his businesses. He has accepted financial gifts from foreign countries. He has lied to the American people about his relationship with a hostile foreign government. He has tolerated cabinet officials who use their position to enrich themselves.

To shield himself from accountability for all of this — and for his unscrupulous presidential campaign — he has set out to undermine the American system of checks and balances. He has called for the prosecution of his political enemies and the protection of his allies. He has attempted to obstruct justice. He has tried to shake the public’s confidence in one democratic institution after another, including the press, federal law enforcement and the federal judiciary.

The unrelenting chaos that Trump creates can sometimes obscure the big picture. But the big picture is simple: The United States has never had a president as demonstrably unfit for the office as Trump. And it’s becoming clear that 2019 is likely to be dominated by a single question: What are we going to do about it?

The easy answer is to wait — to allow the various investigations of Trump to run their course and ask voters to deliver a verdict in 2020. That answer has one great advantage. It would avoid the national trauma of overturning an election result. Ultimately, however, waiting is too dangerous. The cost of removing a president from office is smaller than the cost of allowing this president to remain.

He has already shown, repeatedly, that he will hurt the country in order to help himself. He will damage American interests around the world and damage vital parts of our constitutional system at home. The risks that he will cause much more harm are growing.

Some of the biggest moderating influences have recently left the administration. The defense secretary who defended our alliances with NATO and South Korea is gone. So is the attorney general who refused to let Trump subvert a federal investigation into himself. The administration is increasingly filled with lackeys and enablers. Trump has become freer to turn his whims into policy — like, say, shutting down the government on the advice of Fox News hosts or pulling troops from Syria on the advice of a Turkish autocrat.

The biggest risk may be that an external emergency — a war, a terrorist attack, a financial crisis, an immense natural disaster — will arise. By then, it will be too late to pretend that he is anything other than manifestly unfit to lead.

For the country’s sake, there is only one acceptable outcome, just as there was after Americans realized in 1974 that a criminal was occupying the Oval Office. The president must go.

Mr. Leonhardt then discusses reasons to impeach him. He has used the presidency to enrich himself, even making decisions favoring his business’s foreign customers. He has obstructed justice. He has subverted our democracy, just one example being his violation of campaign finance laws by directing the payment of hush money in at least two cases. 

Practically speaking, the next step is for the House of Representatives to form a committee charged with drawing up articles of impeachment. Holding hearings and confirming the president’s high crimes and misdemeanors would take some time. The time to start is now. 

So perhaps newly-elected Rep. Rashida Tlaib should have said “Let’s begin the process of impeaching the motherfucker” instead of what she actually said in that bar Thursday night. That would have been more precise. And I think we can all agree that calling him a “motherfucker” was too kind.

Avoiding Individual-1 for the Most Part

I’ve mostly blogged about politics since the beginning of the crisis (you know, the crisis known as “Individual-1”). Other topics haven’t seemed worth writing about.

But, even though Individual-1 is still happening, I haven’t posted anything lately. That’s because, two months ago, I took a break from American politics. At the end of June, I stopped reading the digital front pages of The Washington Post, The New York Times and the U.S. edition of The Guardian. I also stopped looking at New York Magazine‘s “Daily Intelligencer” and Twitter. I was sick of my mind being polluted by the latest Individual-1 “news”. 

Instead, I began looking at international or “world” news. (Even in the U.S., we’re part of the world, right?) I’m told my mood improved, which shouldn’t have been a surprise, even though some American news made it through. For instance, The Guardian puts selected American stories on their international page. And any other contact, direct or indirect, with the rest of humanity meant that I might be exposed to the latest turmoil and trouble.

Helped along by last week’s positive legal developments, I started looking at U.S. news again. I didn’t immerse myself in it as much as before, but this wasn’t a great idea. Even limited exposure has been depressing. This means I probably won’t be writing much until the November election — an event on which hope for America’s redemption rests.

Before going, however, I’ll mention a few articles I’ve come across that are worth reading.

First, philosophy professor Bryan Van Norden explains why people have a right to speak, but not necessarily to be heard. He argues that some people aren’t entitled to an audience:

Access to the general public, granted by institutions like television networks, newspapers, magazines, and university lectures, is a finite resource. Justice requires that, like any finite good, institutional access should be apportioned based on merit and on what benefits the community as a whole. There is a clear line between censoring someone and refusing to provide them with institutional resources for disseminating their ideas. 

In other words, outlawing speech is a bad idea, but that doesn’t mean all opinions are equal or deserve equal time in the “marketplace of ideas”. Otherwise, (quoting the philosopher Herbert Marcuse) “the stupid opinion is treated with the same respect as the intelligent one, the misinformed may talk as long as the informed, and propaganda rides along with education, truth with falsehood”. And it becomes far easier to produce a political crisis like Individual-1.

On a related topic, a former Prime Minister of Australia writes about “the cancer eating the heart of Australian democracy”. The cancer he’s referring to is Rupert Murdoch, whose media empire “operates as a political party, acting in pursuit of clearly defined commercial interests, in addition to his far-right ideological world view”. Murdoch and his outlets like Fox News are one big reason why politics is so screwed up in the U.S. (Individual-1), the United Kingdom (Brexit) and Australia (five prime ministers in five years). Contrast that with politics in two other English-speaking nations, Canada and New Zealand. Their politics is a much more rational affair. Is it a coincidence that Murdoch doesn’t propagandize in either of those countries?

This week, James Fallows pointed out that it would only take one or two Republican senators to “serve as a check on [Individual-1’s] excesses”. As of now, the Republicans have a mere one-vote margin in the Senate. They will be ahead 51 to 49 after the late Senator McCain is replaced. As Fallows says:

Every [Republican] swore an oath to defend the U.S. Constitution, not simply their own careerist comfort. And not a one of them, yet, has been willing to risk comfort, career, or fund-raising to defend the constitutional check-and-balance prerogatives of their legislative branch.

On a related topic, Brian Beutler explains why there is a natural alliance between Individual-1 and Vladimir Putin (who, of course, is no longer a Communist):

For the white nationalists in [the Republican] coalition [including the president himself], Putin seeks a global alliance of white nationalist parties, and is meddling in elections world wide to help those parties gain political power. But … even more garden variety conservatives see their interests and Putin’s coming into alignment. Putin is deeply hostile to LGBT people, and frames his hostility in religious terms. The Russian economy is built on a broken foundation of fossil fuel extraction. American conservatives aren’t killing journalists and … opposition leaders, but they are hostile to journalism and democracy, and increasingly comfortable with both propaganda and exercising power through minority rule…. Russia’s political identity is shaped by its aggrievement over the crumbling of its once-vast empire. The American right is similarly revanchist—not over lost territory, but lost demographic dominance and privilege.

For now, the GOP’s congressional leaders remain nominally committed to the western alliance, and to treating Russia as an adversary. But they will not check [the president] as he advances the opposite view. Elite conservative opinion is already shifting on the Russia question, and should Trump ever convince a majority of Republican voters that he’s right about Russia, the congressional leadership will follow suit. Putin seems to grasp that, too. What we’re seeing, across several different plot lines, is that in many ways Moscow understood Republicans better than Republicans understand themselves. 

But let’s conclude with some good news. In an interview with The Atlantic, Senator Elizabeth Warren discusses “two aggressive proposals for overhauling American business”, i.e. making capitalism work the way it’s supposed to:

One [of her proposals] is the Accountable Capitalism Act, which would require the largest corporations to allow workers to choose 40 percent of their board seats. [This] is meant to provide an antidote to short-term thinking in the biggest businesses—and to short-circuit the ease with which CEOs make decisions that enrich themselves at the expense of workers and the underlying health of their firm. A similar system exists in Germany, and it goes by the name “codetermination.”

A second set of proposals is what Warren calls the Anti-Corruption and Public Integrity Act. Warren has called for a frontal assault on lobbying, including a lifetime prohibition that would prevent federal officeholders (including the president, members of Congress, and Cabinet secretaries) from ever becoming paid influence peddlers. Her argument is that lobbying undermines the functioning of markets, by permitting corporations to exert outsize control over the regulatory state and use government to squash competitors.

It’s also good news that there are only sixty-nine days until the midterm election. On November 6th, we can quicken the demise of the Republican Party. We should make the most of the opportunity.

Mussolini and Hitler Were Both Elected

In the Italian election of 1924, Benito Mussolini’s National List, a coalition of fascists and nationalists, won 65% of the vote. Mussolini immediately became Prime Minister. He then gradually took total control of the government. In 1926, after a 15-year old boy tried to assassinate him, Mussolini banned all non-fascist political parties. Mussolini’s National List was dissolved, since it was no longer needed. It had no competition. Italy wouldn’t hold another multi-party election until 1946.

In the German presidential election of 1932, Adolph Hitler lost to the incumbent, Paul von Hindenburg. In a parliamentary election a few months later, Hitler’s National Socialist German Workers’ Party won the most seats. With the Nazis and other far-right parties having a majority in parliament, von Hindenburg appointed Hitler as Germany’s Chancellor. Before Hitler, the Chancellor was a relatively weak position. Hitler immediately began accumulating power. The Reichstag fire in February 1933 contributed to Hitler receiving the authority to make laws on his own, without involving parliament. In 1934, Hindenburg died and Hitler assumed total control of the government.

In the American presidential election of 2016, Donald Trump received fewer votes than his opponent but became president anyway. Since then, he has attacked the press, the Department of Justice and the FBI. He has threatened to end an investigation into his campaign’s relationship with Russia. He has expressed his admiration for foreign dictators and continues to claim that millions of people voted illegally in 2016. He has not done anything to investigate or inhibit Russian interference in the next election. He has ignored the law by continuing to profit from his personal business. His latest offense was to take thousands of children from their parents and lock them up with no plan to reunite them. The Republican-controlled Congress, supposedly an equal branch of the government, has done nothing at all to stop him.

We take comfort in the fact that the president is incompetent. He doesn’t seem to have the skills necessary to obliterate a democracy and the rule of law like Mussolini and Hitler did. But what if there is a terrorist attack before November? Or an assassination attempt? Would the president declare a national emergency and delay the election? Would the Republican Congress do anything, considering that they’ve done nothing to stop him so far? Would Fox News finally draw the line?

I’ve avoided the news for the past four days. Maybe things have taken a major turn for the better. If so, nobody has told me. Assuming things have continued on their downward slide, we may have a long way to go before we hit bottom.

Sometimes It Still Feels Good To Be An American

As I’ve gotten older and learned more about our history, it doesn’t feel as good to be an American as it used to. But there are days like yesterday that remind me how good it used to feel and sometimes still does.

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Jennifer Rubin of The Washington Post said it much better than I could:

By the hundreds of thousands, they came. They gave impassioned and articulate speeches. The shared their experiences in Chicago, South Los Angeles and Florida. They gave one TV interview after another, displaying remarkable poise and heart-breaking sincerity. Adults decades older watched with awe. These are teenagers. How did these kids learn to do  this? 

The sense of amazement among adults, including jaded members of the media, was palpable — both because supposedly sophisticated adults had not pulled off this kind of change in attitudes about guns in the decades they’d been trying and because the teenagers shredded the talking points, the lies, the cynicism and the indifference that we’ve become accustomed to in our politics.

If this was a movie, you’d think it was inauthentic. However, it may be our image of our fellow Americans and teenagers that has been wildly inaccurate and unfairly negative. Too many of us have bought into the notion that teenagers are passive, addicted to their phones and lacking civic awareness. Too many have been guilted into accepting that “real Americans” are the Trump voters, and that the rest of us are pretenders, pawns of “elites.” The crowd reminded us of the country’s enormous geographic, racial, gender and age diversity. (Plenty of teachers, parents and grandparents turned out.) And in the case of guns, these people are far more representative of the views of the country than the proverbial guy in the Rust Belt diner. 

Social media has its downsides, we have come to learn all too well. But we’ve forgotten amidst the Cambridge Analytica and Facebook scandal and the daily torment of President Trump’s tweets that social media merely amplifies what is there already. It gives the Russians, the haters, the xenophobes a louder voice and the tools to disguise their true identities, but it can also amplify sincere, empathetic voices and knit together a community — an overused but underappreciated phenomenon — without which the students’ organization on a scale of this magnitude would have been impossible. It is all too convenient to blame social media; the actual problem is the small but significant segment of the population behind the nastiness, anger, aggression and refusal to grapple with reality. As is always the case, the solution to bad speech is more speech. If we had forgotten that, the students who have grown up never knowing a world without iPhones surely hadn’t. 

The decision to let only children and teenagers speak was key to the entire endeavor. No canned political speeches; no feigned emotion. The experience of the more than 180,000 students who have been  exposed to gun violence in schools over the past few decades was suddenly very real, very immediate.

Those on the event stage talked about their friends, their certainty in political change, their solidarity with other victims, and their fearlessness in the face of naysayers and cynics. They mocked and condemned the National Rifle Association and the politicians who take their money…. They sounded angry, sad and serious. They spoke about democracy and urged the crowd to vote; they inveighed against party politics….

And so we are left with the stark contrast — the sincerity of the students vs. the canned platitudes of the gun absolutists; the speed and vibrancy of a mass movement vs. the gridlock and sameness of our politics; the dogged determination of teenagers not yet world-weary vs. the sense of futility that pervades our politics. The outcome is not preordained. Yes, democracies are under assault. Xenophobes and nativists certainly have come out from under the rocks. The president has tried to make the abnormal commonplace and the unacceptable  inevitable. But if nothing else, the marchers reminded us we have a choice. We can be fatalistic and passive, or determined and active. If teenagers can take the capital by storm, surely the rest of us can do something more than complain and yell at the TV.

The young lady in the yellow sweatshirt gets the last word:

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Things Are Not Getting Better

The news has not been good, leading various journalists to summarize the past few days the way Jamelle Bouie did for Slate:

After months of sustained public criticism from Trump, Andrew McCabe stepped down as deputy director of the FBI. The rationale behind McCabe’s decision is still not entirely known, but there’s little doubt it involves the Russia investigation. In addition to being a verbal target of Trump’s, McCabe had become a bête noire of conservative media, the subject of baroque conspiracies about a “deep state” that is allegedly conspiring against the president….

Republicans on the House Intelligence Committee voted to release a … memo [that] accuses the FBI of abusing its surveillance powers, using partisan opposition research in order to attack Donald Trump’s campaign and undermine his presidency, and singling out officials like McCabe, Deputy Attorney General Rod Rosenstein, and former FBI Director James Comey, all targets of Trump and his allies in the GOP and conservative media… Democrats on the committee have called the document a “misleading set of talking points”, and federal law enforcement officials had warned that releasing the memo would be “extraordinarily reckless”….

In the wake of this vote, Republicans on the Intelligence Committee also opened an inquiry into the FBI and the Justice Department… On Tuesday, House Speaker Paul Ryan announced his support for both moves, calling for a “cleanse” of the FBI….

What began as Trump venting on Twitter has now become official administration policy, carried out with the blessing of White House aides who were at one time seen as bulwarks against such behavior. Bloomberg reported on a phone call between White House chief of staff John Kelly and senior officials in the Justice Department, where the former conveyed the president’s “displeasure” and reminded them of his expectations, albeit adding that the White House doesn’t expect them “to do anything illegal or unethical”.

To all of this, add the fact that—during this same period of time—President Trump declined to sanction Russia for its interference in the 2016 presidential election [after Congress voted almost unanimously for new sanctions to be imposed].

Senator Claire McCaskill, a Missouri Democrat, said this about the president’s decision:

Congress voted 517-5 to impose sanctions on Russia. The President decides to ignore that law. Folks, that is a constitutional crisis. There should be outrage in every corner of this country.

There should be, but there hasn’t been. Most of us are suffering from outrage overload.

Earlier in the week, Mr. Bouie wrote about “ICE Unbound”:

[The president has unleashed] the Immigration and Customs Enforcement agency, giving it broad authority to act at its own discretion. The result? An empowered and authoritarian agency that operates with impunity, whose chief attribute is unapologetic cruelty.

…. The most striking aspect of ICE under this administration has been its refusal to distinguish between law-abiding immigrants, whose undocumented status obscures their integration into American life, and those with active criminal records—the “bad hombres” of the president’s rhetoric.

Erasing that distinction is how we get the arrest and detention of Lukasz Niec, a Polish immigrant and green card holder who was brought to the United States as a young child. Last week, ICE agents arrested Niec …, citing two misdemeanor convictions for offenses committed when he was a teenager… A practicing physician, Niec now sits in a county jail, awaiting possible deportation….

Bouie didn’t mention Amer Othman Adi, a 57-year-old Palestinian who had been in the U.S. since he was 19. A married man with four daughters, he helped revitalize the city of Youngstown by opening several businesses. He was deported to Jordan on Monday night.

It all makes these Twitter thoughts from author G. Willow Wilson worth thinking about:

It may be time to start thinking about how we can effectively push back against authoritarianism once the last of the checks and balances have fallen.

It’s a mistake to think a dictatorship feels intrinsically different on a day-to-day basis than a democracy does. I’ve lived in one dictatorship and visited several others–there are still movies and work and school and shopping and memes and holidays.

The difference is the steady disappearance of dissent from the public sphere. Anti-regime bloggers disappear. Dissident political parties are declared “illegal”. Certain books vanish from the libraries.

The press picks a side. The military picks a side. The judiciary picks a side. This part should already feel familiar.

The genius of a true, functioning dictatorship is the way it carefully titrates justice. Once in awhile it will allow a sound judicial decision or critical op-ed to bubble up. Rational discourse is never entirely absent. There is plausible deniability.

People still have rights, in theory. The right to vote, to serve on a jury, etc. The difference is that they begin to fear exercising those rights. Voting in an election will get your name put on “a list”.

So if you’re waiting for the grand moment when the scales tip and we are no longer a functioning democracy, you needn’t bother. It’ll be much more subtle than that. It’ll be more of the president ignoring laws passed by congress. It’ll be more demonizing of the press.

Until one day we wake up and discover the regime has decided to postpone the 2020 elections until its lawyers are finished investigating something or other. Or until it can ‘ensure’ that the voting process is ‘fair’.

A sizable proportion of the citizenry will support the postponement. Yes, absolutely, we must postpone elections. The opposition is corrupt! Our leader is just trying to protect us! A dictator is never without supporters.

And hey, if we pull ourselves back from the brink and the midterms go ahead and the 2020 election is free and transparent and on time, you are cordially invited to point at me and laugh. Honestly. No one will be happier to be wrong than me.