Tell Pelosi to Impeach the Bastard Now

Speaker of the House Nancy Pelosi sent a letter yesterday to her Democratic colleagues in the House of Representatives:

In his summary letter and press conference, Attorney General Barr presented a conclusion that the President did not obstruct justice.  The Mueller report appears to directly undercut that claim.

Our Chairmen are studying the report, and have released a joint statement.  As we continue to review this document, we will have more to report and will update you on the next steps that must be taken.  The Caucus is scheduling a conference call for Monday to discuss this grave matter, which is as soon as our analysis and this Holy Season’s religious traditions allow.

The Mueller report states, “We concluded Congress has authority to prohibit a president’s corrupt use of his authority in order to protect the integrity of the administration of justice,” which “accords with our constitutional system of checks and balances and the principle that no person is above the law.”  Congress will not be silent.

Sure, Congress won’t be silent, but will the Democrats begin impeachment proceedings or will they merely proceed with their plans to investigate and publicize the president’s unfitness? I’m not going to repeat the overwhelming arguments for impeaching the president. If you’re not convinced, you might dip into these commentaries:

Greg Sargent, The Washington Post, “Democratic Equivocation Over Impeachment Is a Moral and Political Disaster”

Noah Bookbinder, The New York Times, “Mueller’s Damning Report”

Brian Beutler, Crooked, “Democrats’s Impeachment Panic Is Endangering the Country”

Heather Digby Parton, Salon, “Roadmap for Impeachment: Mueller’s Purpose Is Clear”

Yoni Applebaum, The Atlantic, “The Mueller Report Is an Impeachment Referral”

The Moscow Project (unsigned), “The Mueller Report, Like the Watergate Roadmap, Should Be Considered an Impeachment Referral”

George Conway, The Washington Post, “Trump Is a Cancer on the Presidency — Congress Should Remove Him”

Charles Pierce, Esquire, “The Mueller Report Is a Challenge to Congress: Save the Republic. Impeach the President”

Michelle Goldberg, The New York Times, In a Functional Country, We Would Be on the Road to Impeachment”

Really, now that we have the redacted Mueller report, no argument is needed to justify the Democratic majority in the House of Representatives taking action next week.

But if you would like to give Speaker Pelosi some encouragement on the matter, you can send her a message at Speaker Contact. Or you can call her Washington office at (202) 225-4965 or her San Francisco office at (415) 556-4862.

I sent her a few thoughts. It was easy:

Madame Speaker: This is not a moment for political calculations or equivocation. It is time to fulfill your responsibilities as Speaker of the House. You must initiate impeachment proceedings against the president. We know he is guilty of obstruction of justice. The rule of law demands action now. Not impeaching him will give him license to behave even worse (and to argue that if he had done anything wrong, the Democrats would have impeached him). But even from a political standpoint, it would be a terrible blow to Democratic voters across the country who gave you back the House majority and want the president to be held to account. You must act and act now. 

Contacting the House member for your district is also a good idea. You can find their contact information at Directory of Representatives.

We need to decide as a nation if the rule of law still applies to the government of the United States or if our presidents are above the law. Now is the moment to answer that question.

Can Democracy Work?: A Short History of a Radical Idea, From Ancient Athens to Our World by James Miller

The question in the title implies that democracy hardly ever works as it’s supposed to. That is one of the author’s conclusions. Another is that, even though the trend toward more democracy in the world has reversed in recent years, “government of the people, by the people, for the people shall not perish from the earth”.

The book begins with chapters on the ups and downs of Athenian democracy, the French Revolution, and America between the revolution and the Civil War. Next there are two chapters that summarize developments in Europe, America and Russia, including the Chartist working class movement in Britain; the Paris Commune of 1871 and the Russian Revolution. Woodrow Wilson’s academic writings on government and his efforts to make the world “safe for democracy” receive special attention, as do public opinion polls and the practitioners of “public relations”. The final chapter deals with recent events, beginning with the election of our current president and the mass demonstrations that immediately followed his inauguration. It concludes with an examination of “the advance and retreat of democracy worldwide”.

Throughout the book, Miller analyzes the tension between democratic ideals and the reality of governing a population that couldn’t fit into a traditional New England meeting house. How should the “will of the people” be discovered? How much leeway should the people’s representatives and other government officials have, since the voters cannot and should not make every decision? Miller also points out that there is much more to democracy than simply counting votes. A free press is necessary, for example. So is the right to a decent education. Given the complexity of the modern world, the absurdly unequal distribution of wealth, the amount of secrecy governments practice, and the manipulation and disinformation we are all subjected to, nobody should be surprised that democracy often seems inadequate to the role it’s supposed to perform.

I’ll finish with two quotations from the book that are especially relevant to our current situation.

In 2004, the political scientist Samuel Huntington “analyzed what he took to be the long-term implications of demographic and cultural trends on America’s sense of national identity”. He argued that “one very plausible reaction” to the declining “hold of white, Anglo-Saxon, Protestant men on the levers of political power” would be:

the emergence of exclusivist sociopolitical movements composed largely but not only of white males, protesting and attempting to stop or reverse these changes and what they believe, accurately or not, to be the diminution of their social and economic status, their loss of jobs to immigrants and foreign countries, the perversion of their culture, the displacement of their language, and the erosion or even evaporation of the historical identity of their country. Such movements would be both racially and culturally inspired and could be anti-Hispanic, anti-black and anti-immigration. They would be the heir to the many comparable exclusivist racial and anti-foreign movements that helped define American identity in the past [and] have enough in common to be brought together under the label “white nativism” [224-225].

The second quotation is from Václav Havel, the Czech dissident and eventual president of Czechoslovakia and the Czech Republic, writing in 1991:

“I am convinced,” Havel remarked, “that we will never build a democratic state based on rule of law if we do not at the same time build a state that is … humane, moral, intellectual and spiritual, and cultural. The best laws and best-conceived democratic mechanisms will not in themselves guarantee legality or freedom or human rights — anything, in short, for which they were intended — if they are not underpinned by certain human and social values”. And here Havel is insistent: “I feel that the dormant goodwill in people needs to be stirred. People need to hear that it makes sense to behave decently or to help others, to place common interests above their own, to respect the elementary rules of human coexistence” [243].

Or a substantial minority of white nativists could use supposedly democratic procedures to elect a person who never places common interests above his own and is blatantly contemptuous of democracy and the rule of law.

How Democracies Die by Steven Levitsky and Daniel Ziblatt

The authors are professors of government at Harvard. Their thesis is that democracies don’t usually die because of coups or violent revolutions. They usually die when leaders take advantage of their nation’s established procedures to give themselves more and more power. For example, a political party will pass laws that make it so easy for them to win elections that they no longer face meaningful competition, or a ruler will assume temporary emergency powers because of a crisis but never give up those powers.

How Democracies Die shows how easy it can be to make the transition from democracy to authoritarianism. All budding authoritarians need to do is break the unwritten rules, the norms of behavior, that make a democracy work. If enough unwritten rules are broken, a democratic government will no longer function. Anti-democratic laws will be passed, ideologues and cronies will be put in positions of power, opponents will be jailed or exiled. Democracies can disappear either gradually or quickly. The authors provide examples from around the world.

They also call special attention to the behavior of the Republican Party in the last twenty-five years. Leaders like Newt Gingrich, Tom DeLay, Mitch McConnell and our current president have all broken rules without necessarily doing anything illegal. The result has been an accumulation of power inconsistent with majority rule.

When American democracy has worked, it has relied upon two norms that we often take for granted — mutual tolerance and institutional forbearance. Treating rivals as legitimate contenders for power and underutilizing one’s institutional prerogatives in the spirit of fair play are not written in the American Constitution. Yet without them, our constitutional checks and balances will not operate as we expect them to [212].

The authors foresee three possible outcomes of our current political crisis. The most optimistic is that there will be a rebirth of democracy in reaction to the Trump presidency. The Democratic Party will be energized, the Republican Party will become less extreme, and “the Trump interlude [will] be taught in schools, recounted in films, and recited in historical works as an era of tragic mistakes where catastrophe was avoided and American democracy saved” [206].

The least optimistic is that America’s government will become increasingly authoritarian, possibly in response to a national security crisis. They believe this “nightmare scenario” isn’t likely, but it isn’t inconceivable either: “It is difficult to find examples of societies in which shrinking ethnic majorities [in our case, white Americans who call themselves Christians] gave up their dominant status without a fight” [208]. Resistance to creeping right-wing authoritarianism could lead to “escalating confrontation and even violent conflict”, which would bring more repression in the name of “law and order” [207-208].

They consider the third alternative the most likely:

… polarization, more departures from unwritten political conventions, and increasing institutional warfare — in other words, democracy without solid guardrails… When partisan rivals become enemies, political competition descends into warfare, and our institutions turn into weapons. The result is a system hovering constantly on the brink of crisis [208-212].

In order to avoid this outcome, the authors believe the Republican Party needs to be “reformed, if not refounded outright”. It must “marginalize extremist elements”; “build a more diverse electoral constituency”; “find ways to win elections without appealing to white nationalism”; and “free itself from the clutches of outside donors [like the Koch brothers] and right-wing media” [223]. They also believe that it would be counterproductive for Democrats to fight fire with fire, to behave as badly as Republicans have.

I think the only way the Republican Party will be reformed or replaced is if the rest of us become so fed up that the Republicans suffer devastating electoral losses, and that the Democrats use their improved position to address urgent issues, in particular, rising inequality. That might encourage “conservatives” to start behaving like conservatives again, instead of like radicals. America might then have a normal center-right political party again. Stranger things have happened.

The Corruption of the Republican Party, Minus 400 Words

An internet person said: if you’re going to read one article this week, it should be “The Corruption of the Republican Party” by the American journalist and author George Packer. Of the article’s 2,100 words, I think the 1,700 below are the most important.

Why has the Republican Party become so thoroughly corrupt? The reason is historical—it goes back many decades—and, in a way, philosophical. The party is best understood as an insurgency that carried the seeds of its own corruption from the start.

I don’t mean the kind of corruption that regularly sends lowlifes … to prison. Those abuses are nonpartisan and always with us. So is vote theft of the kind we’ve just seen in North Carolina…

And I don’t just mean that the Republican Party is led by the boss of a kleptocratic family business who presides over a scandal-ridden administration, that many of his closest advisers are facing prison time, that Donald Trump himself might have to stay in office just to avoid prosecution…

The corruption I mean has less to do with individual perfidy than institutional depravity. It isn’t an occasional failure to uphold norms, but a consistent repudiation of them. It isn’t about dirty money so much as the pursuit and abuse of power—power as an end in itself, justifying almost any means…. it’s far more dangerous than graft. There are legal remedies for Duncan Hunter, a representative from California, who will stand trial next year for using campaign funds to pay for family luxuries. But there’s no obvious remedy for what the state legislatures of Wisconsin and Michigan, following the example of North Carolina in 2016, are now doing.

Republican majorities are rushing to pass laws that strip away the legitimate powers of newly elected Democratic governors while defeated or outgoing Republican incumbents are still around to sign the bills. Even if the courts overturn some of these power grabs, as they have in North Carolina, Republicans will remain securely entrenched in the legislative majority through their own hyper-gerrymandering—in Wisconsin last month, 54 percent of the total votes cast for major-party candidates gave Democrats just 36 of 99 assembly seats—so they will go on passing laws to thwart election results. Nothing can stop these abuses short of an electoral landslide. In Wisconsin…, that means close to 60 percent of the total vote.

The fact that no plausible election outcome can check the abuse of power is what makes political corruption so dangerous. It strikes at the heart of democracy. It destroys the compact between the people and the government. In rendering voters voiceless, it pushes everyone closer to the use of undemocratic means.

Today’s Republican Party has cornered itself with a base of ever older, whiter, more male, more rural, more conservative voters…. They could have tried to expand; instead, they’ve hardened and walled themselves off. This is why, while voter fraud knows no party, only the Republican Party wildly overstates the risk so that it can pass laws (including right now in Wisconsin, with a bill that reduces early voting) to limit the franchise in ways that have a disparate partisan impact. This is why, when some Democrats in the New Jersey legislature proposed to enshrine gerrymandering in the state constitution, other Democrats, in New Jersey and around the country, objected [and the proposal was withdrawn].

Taking away democratic rights—extreme gerrymandering; blocking an elected president from nominating a Supreme Court justice; selectively paring voting rolls and polling places; creating spurious anti-fraud commissions; misusing the census to undercount the opposition; calling lame-duck legislative sessions to pass laws against the will of the voters—is the Republican Party’s main political strategy, and will be for years to come.

Republicans have chosen contraction and authoritarianism because, unlike the Democrats, their party isn’t a coalition of interests in search of a majority. Its character is ideological. The Republican Party we know is a product of the modern conservative movement, and that movement is a series of insurgencies against the established order. Several of its intellectual founders … were shaped early on by Communist ideology and practice, and their Manichean thinking, their conviction that the salvation of Western civilization depended on the devoted work of a small group of illuminati, marked the movement at its birth.

The first insurgency was the nomination of Barry Goldwater for president in 1964. He campaigned as a rebel against the postwar American consensus and the soft middle of his own party’s leadership. Goldwater didn’t use the standard, reassuring lexicon of the big tent and the mainstream. At the San Francisco convention, he embraced extremism and denounced the Republican establishment, whose “moderation in pursuit of justice is no virtue.” His campaign lit a fire of excitement that spread to millions of readers through the pages of two self-published prophesies of the apocalypse, Phyllis Schlafly’s A Choice Not an Echo and John A. Stormer’s None Dare Call It Treason. According to these mega-sellers, the political opposition wasn’t just wrong—it was a sinister conspiracy with totalitarian goals…

The insurgents were agents of history, and history was long. To avoid despair, they needed the clarity that only ideology (“the truth”) can give. The task in 1964 was to recruit and train conservative followers… Established institutions that concealed the truth—schools, universities, newspapers, the Republican Party itself—would have to be swept away and replaced or entered and cleansed…  these were not the words and ideas of democratic politics, with its ungainly coalitions and unsatisfying compromises.

During this first insurgency, the abiding contours of the movement took shape… Conservatives nursed a victim’s sense of grievance—the system was stacked against them, cabals of the powerful were determined to lock them out—and they showed more energetic interest than their opponents in the means of gaining power: mass media, new techniques of organizing, rhetoric, ideas. Finally, the movement was founded in the politics of racism. Goldwater’s strongest support came from white southerners reacting against civil rights…. Modern conservatism would never stop flirting with hostility toward whole groups of Americans. And from the start this stance opened the movement to extreme, sometimes violent fellow travelers.

It took only 16 years, with the election of Ronald Reagan, for the movement and party to merge. During those years, conservatives hammered away at institutional structures, denouncing the established ones for their treacherous liberalism, and building alternatives, in the form of well-funded right-wing foundations, think tanks, business lobbies, legal groups, magazines, publishers, professorships. When Reagan won the presidency in 1980, the products of this “counter-establishment” … were ready to take power.

Reagan commanded a revolution, but he himself didn’t have a revolutionary character. He didn’t think the public needed to be indoctrinated and organized, only heard.

But conservatism remained an insurgent politics during the 1980s and ’90s, and the more power it amassed—in government, business, law, media—the more it set itself against the fragile web of established norms and delighted in breaking them. The second insurgency was led by Newt Gingrich, who had come to Congress two years before Reagan became president, with the avowed aim of overthrowing the established Republican leadership and shaping the minority party into a fighting force that could break Democratic rule by shattering what he called the “corrupt left-wing machine.” Gingrich liked to quote Mao’s definition of politics as “war without blood.” He made audiotapes that taught Republican candidates how to demonize the opposition with labels such as “disgrace,” “betray,” and  “traitors.” When he became speaker of the House, at the head of yet another revolution, Gingrich announced, “There will be no compromise.” How could there be, when he was leading a crusade to save American civilization from its liberal enemies?

Even after Gingrich was driven from power, … he regularly churned out books that warned of imminent doom—unless America turned to a leader like him (he once called himself “teacher of the rules of civilization,” among other exalted epithets). Unlike Goldwater and Reagan, Gingrich never had any deeply felt ideology. It was hard to say exactly what “American civilization” meant to him. What he wanted was power, and what he most obviously enjoyed was smashing things to pieces in its pursuit. His insurgency started the conservative movement on the path to nihilism.

The party purged itself of most remaining moderates, growing ever-more shallow as it grew ever-more conservative… Jeff Flake, the outgoing senator from Arizona, … describes this deterioration as “a race to the bottom to see who can be meaner and madder and crazier. It is not enough to be conservative anymore. You have to be vicious.” The viciousness doesn’t necessarily reside in the individual souls of Republican leaders. It flows from the party’s politics, which seeks to delegitimize opponents and institutions, purify the ranks through purges and coups, and agitate followers with visions of apocalypse—all in the name of an ideological cause that every year loses integrity as it becomes indistinguishable from power itself.

The third insurgency came in reaction to the election of Barack Obama—it was the Tea Party. Eight years later, it culminated in Trump’s victory… In the third insurgency, the features of the original movement surfaced again, more grotesque than ever: paranoia and conspiracy thinking; racism and other types of hostility toward entire groups; innuendos and incidents of violence. The new leader is like his authoritarian counterparts abroad: illiberal, demagogic, hostile to institutional checks, demanding and receiving complete acquiescence from the party, and enmeshed in the financial corruption that is integral to the political corruption of these regimes. Once again, liberals … couldn’t grasp how it happened. Neither could some conservatives who still believed in democracy.

The corruption of the Republican Party in the Trump era seemed to set in with breathtaking speed. In fact, it took more than a half century to reach the point where faced with a choice between democracy and power, the party chose the latter. Its leaders don’t see a dilemma—democratic principles turn out to be disposable tools, sometimes useful, sometimes inconvenient. The higher cause is conservatism, but the highest is power. After Wisconsin Democrats swept statewide offices last month, Robin Vos, speaker of the assembly, explained why Republicans would have to get rid of the old rules: “We are going to have a very liberal governor who is going to enact policies that are in direct contrast to what many of us believe in.”

As Bertolt Brecht wrote of East Germany’s ruling party:

Would it not be easier
In that case for the government
To dissolve the people
And elect another?

The Election, and More Democracy in Chains

It’s taken almost a month to count almost all the ballots. We now know that the Democrats did extremely well in November’s election. Nationwide, Democratic candidates received 59.5 million votes against 50.5 million for the Republicans. A 9-million vote margin is the largest in the history of midterm elections. Winning 53% of the vote against 45% for the Republicans was the biggest percentage difference in a midterm election since 1974, the year Nixon resigned.

As a result, the Democrats took control of the House of Representatives, winning 235 seats to the Republicans’ 200. They also won many state and local races. One result is that most Americans will have Democratic governors starting in January. The Democrats might have taken the U.S. Senate but for the fact that they were defending 26 seats in this election vs. 9 seats for the Republicans. Ten of those Democratic seats were especially vulnerable, representing states that voted for the candidate now known in various indictments and plea agreements as “Individual-1”.

What nobody knows is how well the Democrats would have done if Republican efforts at voter suppression hadn’t been so successful. The Center for American Progress published a long article two weeks ago on “Voter Suppression in the 2018 Midterm Elections”. The authors discuss voter registration problems, voter purges, strict ID and ballot requirements, misleading instructions, malfunctioning equipment, intimidation, harassment, poll closures and long lines, as well as gerrymandering. The authors are too polite to say so, but Republican officials were responsible for each example of bad behavior they cite.

An article from Vox describes what went on in two large southern states:

For example, in Georgia, Republican gubernatorial candidate Brian Kemp used his position as secretary of state to purge an estimated 107,000 people from the voter registration rolls just because they had not voted recently — with the majority of counties purging black voters at higher rates than whites. He put another 53,000 voter registration applications “on hold” — 70 percent of which were from black Georgians. And when people showed up to vote in predominantly black counties, they faced impossibly long lines produced by the closure of 214 polling places since 2012, as well as faulty voting machines. Later, we would learn that 700 voting machines were left wrapped and unused in a nearby warehouse in Atlanta.

All of this happened on top of Georgia’s existing strict voter ID law, which imposed an additional barrier to voting that disproportionately disadvantaged black voters. Nationwide, 25 percent of black Americans lack government-issued photo ID, compared to only 8 percent of whites. A variety of systemic barriers make it harder for people of color to obtain a photo ID. For example, many older black residents lack birth certificates or other required documentation to get an ID. As a consequence, strict voter ID laws like Georgia’s have been shown to significantly and disproportionately reduce turnout among black and brown voters.

Similar issues were reported in Florida, where in addition to purges and polling place closures, there were widespread reports suggesting thousands of voters never received the absentee ballots they requested, and absentee ballots that were submitted by black and Latinx voters were rejected at higher rates due to “signature mismatch”.

Was it a coincidence that the Republican candidates for governor won close elections in both states last month?

The fact is that voter suppression has been official and unofficial Republican policy for decades. I just finished reading Democracy In Chains, a book I wrote about two weeks ago. The key sentence in its 235 pages of text is the one in which the author quotes a Nobel Prize-winning economist named James Buchanan. The late Mr. Buchanan deserves to be known as the intellectual godfather of today’s Republican Party. He is quoted as saying that what we Americans need to do is to get rid of “the sacrosanct status of majority rule”. Minority rule, assuming it’s the right minority, would be much better. That sums up today’s radical Republican Party.

If you want to read more about Democracy In Chains, an almost unbelievable description of Republican efforts to install minority rule, please go here.