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 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. 

An Open Letter to the Leading Democrat in the House

As foreign diplomats and business people begin funneling cash to the President-Elect by taking rooms and scheduling events at T—p’s new Washington hotel (see “kleptocracy”), someone shared the following letter with me. It’s addressed to Nancy Pelosi, the current leader of the Democrats in the House of Representatives.

I am writing to you on the assumption that you will continue to be leader of the Democratic members of the House of Representatives, and am urging you and the Democratic Caucus to immediately start drafting Articles of Impeachment for our presumptive President, Vice President, and other executive positions subject to impeachment.

Like many Americans, I am deeply troubled by the results of the November election. Assuming the lobbying of the Electoral College comes to naught and we do end up with this amazingly unqualified individual as President, my feeling is that everyone should do whatever they can to minimize damage to the country during his tenure.

Impeachment of executive branch officials, both elected and appointed, is the domain of the House of Representatives. There is surely zero chance that Articles of Impeachment drafted by the Democratic Caucus would pass the Judiciary Committee. But I do believe a steady stream of draft impeachment documents presented to the committee would help keep the incompetence of the Executive Branch and its appointments in the public eye. Even if the majority party does not allow draft Articles of Impeachment to come under committee consideration, their existence and content can still be publicized.

When considering the President and Vice President, and the people who are being named for other positions subject to impeachment, there is no doubt in my mind that it would be no trouble to create a steadily growing list of impeachable offenses for several years to come.

Thank you for your kind attention.

Meanwhile, a few Republicans in the Electoral College can still interfere with the monster’s journey to the White House. 

Today’s Screwed Up America Roundup, With a Glimmer of Hope at the End

New York Magazine says they’re going to provide a weekly inventory of T—p’s “affronts to liberal democracy”. Their first batch includes nine items, the worst of which was his announcement that he’s appointing: an anti-semitic propagandist as his chief strategist; a Southerner so racist that Republicans (!) refused to make him a Federal judge as Attorney General; and a dangerous nut job who was fired from his last government job as his National Security Advisor.

But what did we expect? The heads of organized crime families value loyalty above all else, and these three individuals were among T—p’s most fervid supporters. On the other hand, the Tea Party Congressman he wants as Director of the Central Intelligence Agency wasn’t initially a T—p supporter. He does, however, want to cancel the Iran nuclear arms deal and bring back waterboarding.

Next, two articles from The Washington Post. Ronald Klain, who was Chief of Staff for Vice Presidents Gore and Biden, warns that T—p’s so-called “infrastructure” plan is a trap. It isn’t a plan to fix what’s known as our “crumbling” infrastructure or create lots of jobs. It’s a way to raid the Treasury on behalf of selected investors. There will be no requirement that any particular work will be done or any jobs will be created. Nevertheless, the recipients of the tax breaks will be guaranteed a profit.

Again, what would we expect from a shady real estate developer whose fortune heavily relied on a billion dollars in tax breaks from New York City?

To understand how T—p plans to profit from being President, read “Welcome to the T—p Kleptocracy”. The T—p family business will keep going but with inside information and influence peddling as profit enhancers:

The irony is that so many of Trump’s supporters believed his preposterous claim that he would be the one to banish corruption from Washington, that he’d “drain the swamp” and send that crooked establishment packing. He’ll do nothing of the sort, of course; his transition team is drowning in corporate lobbyists, and among his first priorities are cutting taxes for the wealthy and removing oversight from Wall Street… what’s different and probably unprecedented is the way Trump will increase his fortune by hundreds of millions or even billions of dollars while he’s president.

Finally, there’s an article at the Time magazine site called “The Electoral College Was Created to Stop Demagogues Like Trump”. Actually, one of the reasons the Electoral College was created was to protect the institution of slavery in the South. But protecting us from demagogues and the obviously unfit was another big part of its appeal. Today, the Electoral College serves two purposes:

One of them is to give small states power as well as big states and the cities. The other is to provide a mechanism where intelligent, thoughtful and statesmanlike leaders could deliberate on the winner of the popular vote and, if necessary, choose another candidate who would not put Constitutional values and practices at risk.

The Electoral College was designed to avoid Presidents “with talents for low intrigue” and to interfere with “the desire in foreign powers [you know, like Russia!] to gain an improper ascendant in our councils”!

Can you therefore imagine Alexander Hamilton jumping up and down somewhere in the great beyond, desperately trying to get our attention? “See, see, this brightly-colored personage of low character and little understanding is precisely the type who must never become President of our fair nation. We gave you the Electoral College, fools! Now employ it!”

(And after that glimmer of hope: Will the con man break one of his biggest campaign promises and allow the Republicans to privatize Medicare and Social Security? I mean, Jesus H. Christ!)

Republican Senators Stand Between Us and the Deluge

As any Mafia Don(ald) would, T—p is looking at his most loyal supporters to fill key positions in his administration. (I haven’t given up hope that the Electoral College will dump him, but nobody of note is pushing the idea, at least not in public. Remember: fewer than 40 Republican electors could temporarily and maybe permanently stop the monster’s ascent.)

Imagine Sarah Palin as Secretary of the Interior and Rudy Giuliani as Attorney General. Imagine the rogues gallery posing for pictures at their first cabinet meeting. That’s the very bad news.

How about the good news? There isn’t much, but an article at Vox by Matthew Yglesias says “We have 100 days to stop Donald Trump from systematically corrupting our institutions”. Its subtitle is “the transition period is our last best chance to save the republic”.

Of course, a T—p administration might not destroy the republic, but Mr. Yglesias makes a strong argument. He begins by citing the distinction between “venal” corruption and “systematic” corruption. The venal kind is the usual criminality we worry about. Powerful interests make shady deals with politicians who give them special favors. Campaign contributions cross the line into bribery. 

Systematic corruption is more serious. It’s the kind of corruption found in Putin’s Russia. The politicians do whatever they can to help the favored few and make things hard for everyone else. Government contracts are steered to businesses that support the ruler and away from their competition. Regulations are tailored to help media companies favorable to the regime and destroy the ones that aren’t. Government agencies are staffed with cronies and incompetents. It all becomes a self-reinforcing web of tight relationships that don’t yield power easily. Free elections aren’t so free anymore.

Such a system, once in place, is extremely difficult to dislodge precisely because, unlike a fascist or communist regime, it is glued together by no ideology beyond basic human greed, insecurity, and love of family.

All is not lost, but the situation is genuinely quite grave. As attention focuses on transition gossip and congressional machinations, it’s important not to let our eyes off the ball. It is entirely possible that eight years from now we’ll be looking at an entrenched kleptocracy preparing to install a chosen successor whose only real mission is to preserve the web of parasitical oligarchy that has replaced the federal government as we know it…And while the impulse to “wait and see” what really happens is understandable, the cold, hard reality is that the most crucial decisions will be the early ones.

So what’s the good news? Yglesias points out that there will be 48 Democrats in the Senate and roughly 12 Republicans who didn’t support T—-p. 

More remarkably, one of the senators who did vote for Trump publicly called him a “con man.” Another called him a “pathological liar.” One assumes there are a few more out there who swallowed private doubts in the interest of beating Hillary Clinton.

Whatever the precise details, the point is that a critical mass of Republican senators has given us reason to believe that they understand Trump appointees need to be held to an unusually high bar for qualification and integrity — not an unusually low one.

Of course, it takes a major leap of faith to believe that Republican politicians will show some courage and good sense and thereby limit the damage in Washington. But a couple of them are calling for an investigation into Russia’s interference in our election. That’s something. Plus, senators tend to think of themselves as demigods who know what’s best for America. It’s possible they might reject T—-p’s worst nominees, even though doing so will make them enemies of a vengeful President who values loyalty above all else and lacks all sense of shame.

Meanwhile, Paul Ryan revels in the possibility of gutting Medicaid and privatizing Medicare and Social Security. A deluded minority of Americans have spoken, so gridlock may be the best we can hope for in Washington.