Heather Cox Richardson's Blog, page 135

September 30, 2023

September 30, 2023

This afternoon, the House of Representatives passed a continuing resolution to fund the government for 45 days—until just before Thanksgiving—by a vote of 335 to 91. 

The maneuver was a huge blow to the MAGA caucus that was demanding dramatic cuts to the government, the embrace of their border policies, and elimination of Ukraine aid in exchange for keeping the government open. The measure the House passed had almost none of that. It was a clean continuing resolution to fund the government at 2023 levels for another 45 days…with two important exceptions: it added disaster funding, and it stripped out additional funding for Ukraine’s war against Russia.  

House speaker Kevin McCarthy’s move was enough of a surprise that Democrats had to scramble even to read it, but it essentially means that McCarthy had to turn away from the MAGA Republicans to whom he has been catering and turn to the Democrats for the votes needed to fund the government. 

All but one of the Democrats voted in favor; the lone “no” vote came from Representative Mike Quigley (D-IL), the co-chair of the Ukraine Caucus, whose district has a high percentage of Ukrainian Americans. The unity of the Democrats is notable and a sign of their strength going forward.

In contrast, the Republicans remain divided, but after months of catering to the extremists, today the rest of the conference asserted itself. One hundred and twenty-six Republicans voted in favor of the measure; 90 voted no. That 90 included all the usual suspects on the far right. The vote to pass the measure was a clear rebuke to the MAGA Republicans who had forced their colleagues in swing districts to vote for dramatic and unpopular cuts in services and then refused to fund the government anyway. 

House minority leader Hakeem Jeffries (D-NY) said, “The American people have won. The extreme MAGA Republicans have lost. It was a victory for the American people and a complete and total surrender by right-wing extremists who throughout the year have tried to hijack the congress.”

McCarthy, explaining his sudden about-face to work with the Democrats, also blamed the extremists. It was very clear he had done all he could to work with them, he said, but “if you have members in your conference that won’t let you vote for appropriation bills, doesn’t [sic] want an omnibus, and won’t vote for a stopgap measure so the only answer is to shut down and not pay our troops, I don't want to be a part of that team. I want to be part of a conservative group that wants to get things done.” 

More colloquially, Representative Alexandria Ocasio-Cortez (D-NY) wrote: “Here’s what went down: we just won a clean 45 day gov extension, stripped GOP’s earlier 30% cuts to Social Security admin etc, staved off last minute anti-immigrant hijinks, and averted shutdown (for now). People will get paychecks and MTG threw a tantrum on the way out. Win-win[.]”

Still at stake is funding for Ukraine, but members promise to make sure that happens. “We will get the Ukraine funding next,” Representative Eric Swalwell (D-CA) wrote. “This is a 45-day bill to make sure government is open and troops/cops/air-traffic controllers etc get paid. With the same leverage we used to bear back MAGA, we will keep Ukraine in the fight.”

The issue of funding for Ukraine is not a small one. Former Representative Liz Cheney (R-WY) noted that it was on September 30, 1938, that British prime minister Neville Chamberlain announced he would not stand in the way of Adolf Hitler’s annexation of the Sudentenland, a key move in Hitler’s rise. “Members of the House and Senate who are voting to deny Ukraine assistance on the 85th anniversary of Neville Chamberlain’s 1938 “peace in our time” speech should read some history,” she wrote. “Appeasement didn’t work then. It won’t work now.”

The votes should be there for Ukraine aid. Just two days ago, members of the House voted 311 to 117 for Ukraine funding, and the Senate, too, strongly favors Ukraine aid. But there is no doubt the removal of this funding signals that Trump and the MAGA Republicans favor a foreign policy that helps Russian president Vladimir Putin. 

The biggest loser in today’s vote was former president Trump, who had urged his loyalists to shut down the government until they got all their demands. He is an agent of chaos and recognized that hurting the nation—including our credit around the world—would make voters more likely to turn against the sitting president. 

Getting himself or someone like him back into the White House is becoming his only hope for turning back his legal troubles, especially now that a judge has decided that he, his older sons, a number of associates, and the Trump Organization engaged in fraud that requires the dissolution of many of his businesses. That is a psychic blow as well as a financial one, and he cannot afford either.

The biggest winner is the American people, not only because Congress has agreed to do as the vast majority of us wish and fund the government. It’s far too early to say Republican leadership might really be breaking away from the MAGA crowd, but for today, at least, we can see what’s possible. It is clear at the very least that McCarthy cannot hold the speakership without Democratic votes. 

Tonight the Senate also passed the continuing resolution, by an overwhelming vote of 88 to 9. The nine were all Republicans. 

President Biden is expected to sign the measure. Tonight he released a statement saying that the agreement would prevent “an unnecessary crisis that would have inflicted needless pain on millions of hardworking Americans. This bill ensures that active-duty troops will continue to get paid, travelers will be spared airport delays, millions of women and children will continue to have access to vital nutrition assistance, and so much more.” “But I want to be clear,” he continued: “[W]e should never have been in this position in the first place. Just a few months ago, Speaker McCarthy and I reached a budget agreement to avoid precisely this type of manufactured crisis. For weeks, extreme House Republicans tried to walk away from that deal by demanding drastic cuts that would have been devastating for millions of Americans. They failed.”

Biden noted that despite the bill’s lack of aid for Ukraine, McCarthy and the overwhelming majority of Congress have been strong supporters of Ukraine. He said, “We cannot under any circumstances allow American support for Ukraine to be interrupted. I fully expect the Speaker will keep his commitment to the people of Ukraine and secure passage of the support needed to help Ukraine at this critical moment.”

Notes:

https://talkingpointsmemo.com/edblog/45-day-continuing-resolution-government-shutdown-averted

https://clerk.house.gov/Votes/2023513

https://www.myjournalcourier.com/news/article/Why-Ukraine-invasion-hitting-home-Illinois-17018740.php

https://chicago.suntimes.com/2023/9/30/23897443/mike-quigley-no-vote-federal-shutdown-stopgap-bill

https://www.washingtonpost.com/politics/2023/09/30/shutdown-republicans-moderates/

https://www.nytimes.com/interactive/2023/09/30/us/politics/senate-shutdown-vote-live.html?smid=nytcore-android-share

https://www.whitehouse.gov/briefing-room/statements-releases/2023/09/30/statement-from-president-joe-biden-on-passage-of-the-bipartisan-bill-to-keep-the-government-open/

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Published on September 30, 2023 20:11

September 29, 2023

“What a day we are having…. As a former director of emergency management, I know a disaster when I see one,” Representative Jared Moskowitz (D-FL) said yesterday in the impeachment inquiry into President Joe Biden, overseen by the Republican-led House Oversight Committee chaired by James Comer (R-KY). 

Moskowitz wasn’t wrong. After a hearing that lasted more than six hours, highlights of which Aaron Rupar of Public Notice reposted on social media, Neil Cavuto of the Fox News Channel was unimpressed. He said that although Comer had promised to present “a mountain of evidence” against President Biden, “none of the expert witnesses today presented…any proof for impeachment…. The way this was built up, ‘where there’s smoke there would be fire,’... but where’s there’s smoke today, we just got a lot more smoke.”   

The Republicans on the committee repeatedly talked about the volume of evidence they have uncovered, but they were never able to link their piles of evidence to the president. Under questioning, their own witnesses said there was not enough evidence to impeach President Biden.

It seemed as if Republicans have become so accustomed to being able to say anything they want to on right-wing media without being challenged they thought a congressional committee would operate the same way. When the Democrats pushed back, they seemed flummoxed. 

Comer lost control of the hearing as Democrats on the committee, thoroughly prepared, came out swinging. Representative Shontel Brown (D-OH) noted that “[t]he DOJ and FBI under former President Trump spent 5 long years looking into these Republican conspiracy theories, and debunked them. Repeatedly.” Representative Jamie Raskin (D-MD) said, “The majority sits completely empty handed with no evidence of any presidential wrongdoing, no smoking gun, no gun, no smoke.” 

Representative Summer Lee (D-PA) called out the Republicans by name for holding a sham impeachment hearing instead of funding the government and working for their constituents. She noted that 217,583 people living in the districts of the Republicans on the committee would lose their paychecks because of the Republican shutdown.

Most notably, the Democrats called out the places where witnesses or committee members had deleted words in quotations that changed their meanings. Representative Alexandria Ocasio-Cortez (D-NY) emphasized that the four Republican witnesses said they had not presented any first-hand witness accounts of crimes committed by President Biden, while the committee was blocking the testimony of witnesses who could testify to actual facts. She also noted that members of Congress could say anything they wanted because they are covered by the Constitution’s Speech and Debate clause protecting them, 

Democrats also called out the many ways in which the Republicans were trying to discredit President Biden with speculation during an impeachment hearing to distract from the very real legal troubles of former president Trump. Representatives Mike Garcia (D-CA) and Gerry Connolly (D-VA) called out the Republicans for focusing on allegations about Hunter Biden and ignoring the very real issues involving Trump’s son-in-law Jared Kushner, who could not get a security clearance until Trump demanded he be given one, worked on Middle East issues in the White House, and then received a $2 billion investment from the Saudis shortly after Trump left office.

Most dramatically, Representative Greg Cesar (D-TX) asked the members of the Oversight Committee to raise their hands if they believe that both Hunter and Trump should be held accountable if they are found guilty on any of their indictments. The Democrats all raised their hands. The Republicans did not. 

One senior republican aide told CNN’s Melanie Zanona: “This is an unmitigated disaster.”

It did not get better after the hearing ended. A fact-check by CNN’s Daniel Dale, Marshall Cohen and Annie Grayer tore apart the committee’s “evidence.” Although Comer said in his opening remarks that the committee has uncovered how “the Bidens and their associates…raked in over $20 million between 2014 and 2019,” all but about $7 million went to Hunter Biden’s business associates, who according to the Washington Post had “legitimate business interests,” and there is no evidence that President Biden himself received any of this money. 

Comer’s accusation that money was wired to Joe Biden’s Delaware address did not note that the money was a loan, and it went to Hunter Biden’s bank account. Hunter Biden’s lawyers say that he used the Bidens’ Delaware home as his address at the time. 

Representative Jim Jordan (R-OH) claimed that documents released Wednesday from 2020 showed that the Department of Justice was protecting President Biden. But in 2020 Trump, not Biden, was president, and the official who urged Biden senior’s name be kept off a search warrant did so because there was no legal basis to include him in a search warrant concerning a business involving his adult son. 

And on it went. 

Charlie Sykes of The Bulwark wrote: “The charitable view is that the first hearing was a dumpster fire inside a clown car wrapped in a fiasco. To put it mildly, the GOP did not bring their best.” 

At the end of the day, it seemed as if Democrats had flipped the script that has worked so well for so long on right-wing media. Rather than being on the defensive themselves, they put Republicans on the defensive. And because their hits were based in reality, rather than a false narrative, they left the Republican committee members with few options today other than to take to social media, once again, to boast of all the evidence they have accumulated against President Biden. 

The hearing was designed to give the extremists of the Freedom Caucus one of their demands, likely in the hope that they would agree to pass a stopgap funding bill that would at least make it look like the House Republicans were trying to fund the government. But today, when House speaker Kevin McCarthy (R-CA) brought to the floor an extreme bill that would have made 30% cuts to food assistance, housing, education, funding for border agents, and so on, and insisted on closing the border while funding the government for only another 30 days, 21 extremists voted with the Democrats to kill it by a vote of 198 to 232.

This was a harsh blow not only to McCarthy but to all the Republicans in swing districts. House leaders forced them all to vote for a measure chock full of enormously unpopular cuts and then snatched away the prize of funding the government. Such a political disaster speaks very poorly of McCarthy, who should have never put members of his conference in such a position. Losing 21 of his members in this vote is an embarrassment. The loss weakens the party for 2024: the Democratic ads will pretty much write themselves.

And the members refusing to fund the government simply don’t appear to care, either about their colleagues or their constituents.

At any point, McCarthy could bring up before the House the bipartisan measure already passed by the Senate. Democrats would then likely make up the votes he would lose in his own conference. But the extremists would then challenge his speakership, and that is apparently a challenge he is unwilling to brave.

Notes:

https://www.cnn.com/politics/live-news/biden-impeachment-hearing-house-oversight-09-28-23/index.html

https://www.cnn.com/2023/09/28/politics/fact-check-house-impeachment-hearing-biden/index.html

Morning ShotsComer’s Fiasco“Republicans are the party that says that government doesn’t work, and then they get elected and prove it.” — P.J. O’Rourke As we roll into the weekend: Dysfunction squared: Hardliners plot to replace McCarthy as government shutdown looms - The Washington Post…Read morea day ago · 365 likes · 462 comments · Charlie Sykes

https://www.nbcnews.com/politics/congress/conservative-rebels-threaten-tank-mccarthys-funding-bill-raising-odds-rcna118078

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Published on September 30, 2023 00:40

September 28, 2023

September 28, 2023

In Tempe, Arizona, today, President Joe Biden spoke at the dedication ceremony for a new library, named for the late Arizona senator John McCain, who died in 2018. Biden used the opportunity not only to honor his friend, but to emphasize the themes of democracy and to call out those who are threatening to overturn it. While Biden has made the defense of American democracy central to his presidency, he has never been clearer or more impassioned than he was today. 

Biden recalled that when McCain was dying, he wrote a farewell letter to the nation that he had served in both war and peace. “We are citizens of the world’s greatest republic, a nation of ideals, not blood and soil,” McCain wrote. “Americans never quit…. We never hide from history. We make history.”

Biden reiterated the point he makes often: that the United States is the only nation founded on an idea, articulated in the Declaration of Independence, that we are all created equal and have the right to be treated equally before the law. While “[w]e’ve never fully lived up to that idea,” he said, “we’ve never walked away from it.” Now, though, our faith in that principle is in doubt. 

“[H]istory has brought us to a new time of testing,” Biden said. “[A]ll of us are being asked right now: What will we do to maintain our democracy? Will we, as John wrote, never quit? Will we not hide from history, but make history? Will we put partisanship aside and put country first? I say we must and we will. We will. But it’s not easy.”

Biden laid out exactly what democracy means: “Democracy means rule of the people, not rule of monarchs, not rule of the monied, not rule of the mighty. Regardless of party, that means respecting free and fair elections; accepting the outcome, win or lose. It means you can’t love your country only when you win.”

“Democracy means rejecting and repudiating political violence,” he said. “Regardless of party, such violence is never, never, never acceptable in America. It’s undemocratic, and it must never be normalized to advance political power.”

“Today,” he warned, “democracy is…at risk.” Our political institutions, our Constitution, and “the very character of our nation” are threatened. “Democracy is maintained by adhering to the Constitution and the march to perfecting our union…by protecting and expanding rights with each successive generation.” “For centuries, the American Constitution has been a model for the world,” but in the past few years, he noted, the institutions of our democracy—the judiciary, the legislature, the executive” have been damaged in the eyes of the American people, and even the eyes of the world, by attacks from within.

“I’m here to tell you,” Biden said: “We lose these institutions of our government at our own peril…. Democracy is not a partisan issue. It’s an American issue.”

“[T]here is something dangerous happening in America now,” Biden said. “There is an extremist movement that does not share the basic beliefs in our democracy: the MAGA Movement.” After high praise for his Republican friend McCain, and recollections of working with Republicans to pass bipartisan legislation throughout his career, Biden made it clear that he does not believe “every Republican,” or even “a majority of Republicans” adheres to the MAGA extremist ideology. But, he said:

“[T]here is no question that today’s Republican Party is driven and intimidated by MAGA Republican extremists. Their extreme agenda, if carried out, would fundamentally alter the institutions of American democracy as we know it.”

The MAGA Republicans, Biden said, are openly “attacking the free press as the enemy of the people, attacking the rule of law as an impediment, fomenting voter suppression and election subversion.” They are “banning books and burying history.” “Extremists in Congress [are] more determined to shut down the government, to burn the place down than to let the people’s business be done.” They are attacking the military—the strongest military in the history of the world—as being “weak and ‘woke’.”

They are “pushing a notion the defeated former President expressed when he was in office and believes applies only to him: This president is above the law, with no limits on power. Trump says the Constitution gave him…’the right to do whatever he wants as President.’ I’ve never even heard a president say that in jest. Not guided by the Constitution or by common service and decency toward our fellow Americans but by vengeance and vindictiveness.”

Biden accurately recounted the plans Trump has announced for a second term: expand presidential power, put federal agencies under the president’s thumb, get rid of the nonpartisan civil service and fill positions with loyalists. Biden quoted MAGA Republicans: “I am your retribution,” “slitting throats” of civil servants, “We must destroy the FBI,” calling the Chairman of the Joint Chiefs of Staff a “traitor” and suggesting he should be executed. These extremists, he said, are “the controlling element of the House Republican Party.”

“This is the United States of America,” Biden said. “Did you ever think you’d hear leaders of political parties in the United States of America speak like that? Seizing power, concentrating power, attempting to abuse power, purging and packing key institutions, spewing conspiracy theories, spreading lies for profit and power to divide America in every way, inciting violence against those who risk their lives to keep America safe, weaponizing against the very soul of who we are as Americans.”

“The MAGA extremists across the country have made it clear where they stand,” Biden said. “So, the challenge for the rest of America—for the majority of Americans—is to make clear where we stand. Do we still believe in the Constitution? Do we believe in…basic decency and respect? The whole country should honestly ask itself…what it wants and understand the threats to our democracy.”

Biden knew his own answers: 

“I believe very strongly that the defining feature of our democracy is our Constitution.

“I believe in the separation of powers and checks and balances, that debate and disagreement do not lead to disunion.

“I believe in free and fair elections and the peaceful transfer of power.

“I believe there is no place in America…for political violence. We have to denounce hate, not embolden it.

“Across the aisle, across the country, I see fellow Americans, not mortal enemies. We’re a great nation because we’re a good people who believe in honor, decency, and respect.”

Pointing to the fact that the majority of the money appropriated for the Bipartisan Infrastructure Law has gone to Republican-dominated states, he added: “I believe every president should be a president for all Americans” and should “use the Office of the President to unite the nation.”

The job of a president, he said, is to “deliver light, not heat; to make sure democracy delivers for everyone; to know we’re a nation of unlimited possibilities, of wisdom and decency—a nation focused on the future.”

“We’ve faced some tough times in recent years, and I am proud of the progress we made as a country,” Biden said, “But the real credit doesn’t go to me and my administration…. The real heroes of the story are you, the American people.” Now, he said, “I’m asking you that regardless whether you’re a Democrat, Republican, or independent, put the preservation of our democracy before everything else. Put our country first…. We can’t take democracy for granted.” 

“Democracies don’t have to die at the end of a rifle,” Biden said. “They can die when people are silent, when they fail to stand up or condemn the threats to democracy, when people are willing to give away that which is most precious to them because they feel frustrated, disillusioned, tired, alienated.” 

“I get it,” Biden said. But “[f]or all its faults…, American democracy remains the best…[path] forward to prosperity, possibilities, progress, fair play, equality.” He urged people not to sit on the sidelines, but “to build coalitions and community, to remind ourselves there is a clear majority of us who believe in our democracy and are ready to protect it.”

“So,” he said, “let’s never quit. Let’s never hide from history. Let’s make history.” If we do that, he said, “[w]e’ll have proved, through all its imperfections, America is still a place of possibilities, a beacon for the world, a promise realized—where the power forever resides with ‘We the People.’”

“That’s our soul. That’s who we truly are. That’s who we must always be.”

Notes:

https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/09/28/remarks-by-president-biden-honoring-the-legacy-of-senator-john-mccain-and-the-work-we-must-do-together-to-strengthen-our-democracy/

https://www.cnn.com/2018/08/27/politics/john-mccain-farewell-statement/index.html

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Published on September 28, 2023 22:52

September 27, 2023

September 27, 2023

Exactly a week ago, Jake Sherman of Punchbowl News reported that Republican House leaders were talking about moving the government funding debate away from spending levels—their original complaint—to border security. “[T]he vast majority of House R[epublican]s,” Sherman wrote, “would rather fight on border policy than spending.” 

True to form, party leaders today began to insist that we are barreling toward a shutdown because of President Joe Biden’s policies on the southern border. House speaker Kevin McCarthy says he wants to meet with Biden to “cut a deal.”

But, of course, McCarthy already cut a deal with Biden, back in May, that provided a clear roadmap for this year’s funding. McCarthy is refusing to honor that deal.

The Republicans’ willingness to invent a new reason for their threatened government shutdown suggests it was never about principle so much as about power. They are quite aware that the cuts the extremists are proposing before they will agree to fund the government are unpopular, so they have manufactured another reason for the shutdown that they hope will be more palatable to the country. 

At any point, McCarthy could agree to work with the Democrats to pass the 12 appropriations bills that will fund the government. Last night, by a vote of 77–19, the Senate illustrated how that could be done by passing a bipartisan continuing resolution to fund the government through November 17 and to provide additional funding for Ukraine.

Today, McCarthy told Republican House members that he would not bring the Senate’s measure up for a vote. Instead, he will continue to court the extremists, who spent the day posturing. At the motion of Representative Marjorie Taylor Greene (R-GA), for example, they voted to reduce Defense Secretary Lloyd Austin’s salary to $1 a year. They went on to pass a number of similarly extreme measures that will never make it through the Senate. 

House minority leader Representative Hakeem Jeffries (D-NY) accused Republicans of using the threat of a shutdown “to jam your right-wing ideology down the throats of the American people.” The bills they were advancing, he said, had “zero chance of becoming law…. And they’re filled with extreme policy poison pills.”

For all that McCarthy is trying to pin the blame for a shutdown on the Democrats, it is the House Republicans who are refusing to perform the most basic of government procedures: fund the government for the next year. When Republicans have shut down the government in the past, the American people blamed them for it, and today Senate minority leader Mitch McConnell (R-KY) called out his House colleagues, clearly trying to isolate them, likely hoping to keep them from tainting the whole party in the eyes of voters before the 2024 election.

McConnell called out his colleagues on their new switch to complain about border security: “A vote against a standard short-term funding measure is a vote against paying over $1 billion in salary for Border Patrol and ICE agents working to track down lethal fentanyl and tame our open borders. Shutting down the government isn’t an effective way to make a point,” he said. 

The 2024 election was also on former president Trump’s mind today. He was in Michigan tonight to try to draw attention away from the Republican primary debate that he refused to attend. But while President Biden yesterday visited the United Auto Workers picket line, Trump visited a non-union shop and talked about a future “fueled by American energy” and “built by highly skilled American hands and high-wage American labor.” As Craig Mauger of the Detroit News noted, however, “his address was short on specifics for how he would accomplish the goals.”

Trump told the crowd to get the UAW to support him, but the UAW doesn’t represent the workforce where he was speaking. Mauger noted that one woman holding a “union members for Trump” sign acknowledged she wasn’t a union member, while a man with a sign that said “auto workers for Trump” said he wasn’t an autoworker. The plant where Trump was speaking employs about 150 people, but 400–500 Trump supporters were there for his speech. 

Yesterday, UAW president Shawn Fain said, “I find it odd he’s going to go to a non-union business to talk to union workers. I don’t think he gets it.”

Notes:

https://www.nbcnews.com/politics/congress/mccarthy-calls-government-shutdown-meeting-biden-important-rcna117420

https://thehill.com/homenews/house/4225849-mccarthy-told-conference-he-wont-allow-vote-on-senate-stopgap-gop-lawmakers/

https://www.nytimes.com/2023/09/27/us/politics/house-republicans-lloyd-austin-salary.html

https://twitter.com/therecount/status/1707069338375594049

https://twitter.com/JakeSherman/status/1704564889069470023?s=20

https://www.detroitnews.com/story/news/politics/2023/09/27/donald-trump-returns-auto-industry-strike-uaw-ev-taking-center-stage-presidential-election-joe-biden/70960155007/

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Published on September 27, 2023 22:32

September 26, 2023

September 26, 2023

Today, on the anniversary of the creation of the Federal Trade Commission (FTC) in 1914, the FTC and 17 state attorneys general sued Amazon for using “a set of interlocking anticompetitive and unfair strategies to maintain its monopoly power.” The FTC and the suing states say “Amazon’s actions allow it to stop rivals and sellers from lowering prices, degrade quality for shoppers, overcharge sellers, stifle innovation, and prevent rivals from fairly competing against Amazon.” 

The states suing are Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, Nevada, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, and Wisconsin. The lawsuit was filed in U.S. District Court for the Western District of Washington.

While estimates of Amazon’s control of the online commerce market vary, they center around about 40%, and Amazon charges third-party merchants for using the company’s services to store and ship items. Last quarter, Amazon reported more than $32 billion in revenues from these services. The suit claims that Amazon illegally overcharges third-party sellers and inflates prices.

This lawsuit is about more than Amazon: it marks a return to traditional forms of government antitrust action that were abandoned in the 1980s. Traditionally, officials interpreted antitrust laws to mean the government should prevent large entities from swallowing up markets and consolidating their power in order to raise prices and undercut workers’ rights. They wanted to protect economic competition, believing that such competition would promote innovation, protect workers, and keep consumer prices down. 

In the 1980s, government officials replaced that understanding with an idea advanced by former solicitor general of the United States Robert Bork—the man whom the Senate later rejected for a seat on the Supreme Court because of his extremism—who claimed that traditional antimonopoly enforcement was economically inefficient because it restricted the ways businesses could operate. Instead, he said, consolidation of industries was fine so long as it promoted economic efficiencies that, at least in the short term, cut costs for consumers. While antitrust legislation remained on the books, the understanding of what it meant changed dramatically.

Reagan and his people advanced Bork’s position, abandoning the idea that capitalism fundamentally depends on competition. Industries consolidated, and by the time Biden took office, his people estimated the lack of competition was costing a median U.S. household as much as $5,000 a year. 

On July 9, 2021, Biden called the turn toward Bork’s ideas “the wrong path” and vowed to restore competition in an increasingly consolidated marketplace. In an executive order, he established a White House Competition Council to direct a whole-of-government approach to promoting competition in the economy. 

“[C]ompetition keeps the economy moving and keeps it growing,” Biden said. “Fair competition is why capitalism has been the world’s greatest force for prosperity and growth…. But what we’ve seen over the past few decades is less competition and more concentration that holds our economy back.”

In that speech, Biden deliberately positioned himself in our country’s long history of opposing economic consolidation. Calling out both Roosevelt presidents—Republican Theodore Roosevelt, who oversaw part of the Progressive Era, and Democrat Franklin Delano Roosevelt, who oversaw the New Deal—Biden celebrated their attempt to rein in the power of big business, first by focusing on the abuses of those businesses, and then by championing competition. 

While still a student at Yale Law School, FTC chair Lina Khan published an essay examining the anticompetitive nature of modern businesses like Amazon, arguing that focusing on consumer prices alone does not address the problems of consolidation and monopoly. With today’s action, the FTC is restoring the traditional vision of antitrust action.

President Biden demonstrated his support for ordinary Americans in another historic way today when he became the first sitting president to join a picket line of striking workers. In Wayne County, Michigan, he joined a UAW strike, telling the striking autoworkers, “Wall Street didn’t build the country, the middle class built the country. Unions built the middle class. That’s a fact. Let’s keep going, you deserve what you’ve earned. And you’ve earned a hell of a lot more than you’re getting paid now."

Even as Biden was standing on the picket line, House speaker Kevin McCarthy (R-CA) released a new budget plan that moves even farther to the right. Yesterday, former president Trump backed the far-right extremists threatening to shut down the government, insisting that holding the government hostage is the best way to get everything they want, including, he wrote, an end to the criminal cases against him. 

“The Republicans lost big on Debt Ceiling, got NOTHING, and now are worried that they will be BLAMED for the Budget Shutdown. Wrong!!! Whoever is President will be blamed,” Trump wrote on social media. “UNLESS YOU GET EVERYTHING, SHUT IT DOWN! Close the Border, stop the Weaponization of ‘Justice,’ and End Election Interference.”

McCarthy is reneging on the agreement he made with Biden in the spring as conditions for raising the debt ceiling, and instead is calling for dramatic cuts to the nation’s social safety net, as well as restarting construction of a border wall between the U.S. and Mexico, as starting points for funding the government. Cuts of more than $150 billion in his new proposal would mean cutting housing subsidies for the poor by 33%, fuel subsidies for low-income families by more than 70%, and funding for low-income schools by nearly 80% and would force more than 1 million women and children off of nutritional assistance. 

The “bottom line is we’re singularly focused right now on achieving our conservative objectives,” Representative Garret Graves (R-LA) told Jeff Stein, Marianna Sotomayor, and Moriah Balingit of the Washington Post. The Republicans plan to preserve the tax cuts of the Trump years, which primarily benefited the wealthy and corporations. 

At any point, McCarthy could return to the deal he cut with Biden, pass the appropriations bills with Democratic support, and fund the government. But if he does that, he is almost certain to face a challenge to his speakership from the extremists who currently are holding the country hostage. 

This evening, the Senate reached a bipartisan deal to fund the government through November 17 and to provide additional funding for Ukraine (although less than the White House wants), passing it by a vote of 77–19. Senate minority leader Mitch McConnell (R-KY) urged the House Republicans to agree to the measure, warning them that shutdowns “don’t work as bargaining chips.” Nevertheless, McCarthy would not say he would take up the bill, and appears to feel the need to give in to the extremists’ demands. Moreover, he has suddenly said he thinks a meeting with Biden could avert the crisis, suggesting he is desperate for someone else to find a solution. 

Former president Trump has his own problems this evening stemming from the civil case against him, his older sons, and other officers and parts of the Trump Organization in New York, where Attorney General Letitia James has charged him with committing fraud by inflating the value of his assets. Today New York judge Arthur Engoron ruled that Trump and his company deceived banks and insurers by massively overvaluing his real estate holdings in order to obtain loans and better terms for deals. The Palm Beach County assessor valued Mar-a-Lago, for example, at $18 million, while Trump valued it at between $426 million and $612 million, an overvaluation of 2,300% (not a typo). 

Engoron canceled the organization’s New York business licenses, arranged for an independent receiver to dissolve those businesses, and placed a retired judge into the position of independent monitor to oversee the Trump Organization. 

This decision will crush the heart of Trump’s businesses, and he issued a long statement attacking it, using all the usual words: “witch hunt,” “Communist,” “Political Lawfare” (ok, I don’t get that one),  and “If they can do this to me, they can do this to YOU!” Law professor Jen Taub commented, “It reads better in the original ketchup.” Trump’s lawyers say they are considering an appeal. The rest of the case is due to go to trial early next month.

Finally, today, the Supreme Court rejected Alabama’s request to let it ignore the court’s order that it redraw its congressional district maps to create a second majority-Black district. Alabama will have to comply with the court’s order. 

Notes:

https://www.politico.com/news/2023/09/26/ftc-amazon-antitrust-lawsuit-read-the-document-pdf-00118116

https://www.nbcnews.com/politics/congress/trump-breaks-mccarthy-republicans-government-shutdown-rcna117192

https://www.nbcnews.com/politics/white-house/biden-makes-history-striking-auto-workers-picket-line-rcna117348

https://twitter.com/justinbaragona/status/1706719795226231118

https://www.washingtonpost.com/business/2023/09/26/mccarthy-conservatives-cut-spending/

https://www.washingtonpost.com/politics/2023/09/26/inside-spending-cuts-house-republicans-are-fighting/

https://www.cnn.com/2023/09/26/politics/supreme-court-alabama-redistricting/index.html

https://www.vox.com/scotus/2023/9/26/23890737/supreme-court-alabama-allen-milligan-racial-gerrymander-defiance

https://www.nytimes.com/live/2023/09/26/us/biden-uaw-strike-detroit 

https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/07/09/remarks-by-president-biden-at-signing-of-an-executive-order-promoting-competition-in-the-american-economy/

https://www.ftc.gov/news-events/news/press-releases/2023/09/ftc-sues-amazon-illegally-maintaining-monopoly-power

https://apnews.com/article/amazon-ftc-lawsuit-antitrust-1b91bf8026cc3edf81e817cf8596c4bf

https://www.nytimes.com/2023/09/26/technology/ftc-amazon.html

https://www.nytimes.com/live/2023/09/26/us/biden-uaw-strike-detroit

https://rollcall.com/2023/09/26/bipartisan-stopgap-funds-bill-unveiled-in-senate/

https://twitter.com/AndrewFeinberg/status/1706767627723681850

https://www.meidastouch.com/news/judge-rules-trump-liable-for-fraud-in-ny-ag-case

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet

https://www.nbcnews.com/politics/congress/mccarthy-calls-government-shutdown-meeting-biden-important-rcna117420

https://twitter.com/jentaub/status/1706841156238164310

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Published on September 26, 2023 21:16

September 25, 2023

September 25, 2023

Pundits struggle to decide whether Trump’s rise represents something new in the United States or whether it is a continuation of the growing anti-democratic politics of the Republican Party. As a card-carrying Libra, I’m going to suggest it was both.

If yesterday’s letter was about how Trump’s turn to authoritarianism is unprecedented among major party political leaders, tonight’s is about how the Republican Party prepared the way for this moment in part by rigging the system through gerrymandering so that their politicians no longer need to appeal to voters. Those extreme gerrymanders threaten to skew the 2024 election and are contributing to the Republican Party’s inability to perform the most basic functions of government.

Gerrymandering is the process of drawing legislative districts to favor a political party. The practice was named for Elbridge Gerry, an early governor of Massachusetts who signed off on such a scheme (even though he didn’t like it). Political parties can gain an advantage in elections by either “packing” or “cracking” their opponents’ voters. Packing means stuffing the opposition party’s voters into districts so their votes are not distributed more widely; cracking means dividing opponents’ voters among multiple districts so there are too few of them in any district to have a chance of winning. 

The Constitution requires the government to take a census every ten years to see where people have moved, enabling the government to draw districts that should allow us to elect politicians that represent us. Political operatives have always carved up maps to serve themselves when they could, but today’s computers allow them to draw maps with surgical precision. 

That created a big change in 2010. Before that midterm election, hoping to hamstring President Barack Obama’s ability to accomplish anything by making sure he had a hostile Congress, Republican operatives raised money from corporate donors to swamp state elections with ads and campaign literature to elect Republicans to state legislatures. This Operation REDMAP, which stood for Redistricting Majority Project, was a plan to take control of state houses across the country so that Republicans would control the redistricting maps put in place after the 2010 census. 

It worked. After the 2010 election, Republicans controlled the legislatures in the key states of Florida, Wisconsin, North Carolina, Ohio, and Michigan, as well as other, smaller states, and they redrew congressional maps using precise computer models. In the 2012 election, Democrats won the White House decisively, the Senate easily, and a majority of 1.4 million votes for House candidates. And yet Republicans came away with a thirty-three-seat majority in the House of Representatives.

The results of that effort are playing out today.

In Wisconsin the electoral districts are so gerrymandered that although the state’s population is nearly evenly divided between Democrats and Republicans, Republicans control nearly two thirds of the seats in the legislature and it is virtually impossible for Democrats ever to win control of the state legislature. In April, voters elected Janet Protasiewicz to the state supreme court by an astonishing margin of 11 points, in part thanks to her promise to reject the extreme gerrymandered maps. 

Protasiewicz’s election shifted the court majority away from the Republicans. Even before she was elected, one Republican senator suggested impeaching her, and now, because she has called the district maps “rigged” and said, “I don’t think you could sell to any reasonable person that the maps are fair,” Republicans are calling for her impeachment before she has even heard a case. (After saying the maps were rigged, she added: “I can't ever tell you what I’m going to do on a particular case, but I can tell you my values, and common sense tells you that it’s wrong.”)

Voters are also evenly split in North Carolina—illustrated by the fact that a statewide race elected Democrat Roy Cooper as governor—but there, too, gerrymandering has rigged the maps for the Republicans. After a Democrat switched sides to give the Republicans a veto-proof majority in both houses of the legislature, the House of Representatives last week passed laws taking away the governor’s power to make appointments to state and local election boards and removing the tiebreaker seat the governor appointed to the state board. 

Instead, the legislature has taken over the right to make those appointments itself, meaning that election rules could become entirely partisan. At the same time, the legislature exempted its legislators from complying with the state open-records law that requires redistricting documents be public.

In Ohio, almost 75% of voters agreed to amend the state constitution in 2018 to prohibit political gerrymanders. Nonetheless, when the Republican-dominated legislature drew district maps in 2021, they gave a strong advantage to Republicans. The state supreme court struck the maps down as unconstitutional, but the U.S. Supreme Court permitted them to stay in place for the 2022 election. The court will now revisit the question, but it has moved further to the right since 2022.

In Alabama, in June, the U.S. Supreme Court affirmed a lower court decision that the maps in place in 2022 were likely unconstitutional and must be redrawn to include a second majority-Black district. But when the state legislature drew a new map the next month, it defied the court. The court was shocked at the refusal to comply, and appointed a special master, who today offered three options. Any of them would offer the Democrats a chance to pick up another seat, and the state is challenging the new maps.

Tennessee shows what gerrymandering does at the state level. There, Republicans tend to get about 60% of the votes but control 76% of the seats in the House and 82% of the seats in the Senate. This supermajority means that the Republicans can legislate as they wish. 

Gerrymandered seats mean that politicians do not have to answer to constituents; their purpose is to raise money and fire up true believers. Although more than 70% of Tennessee residents want gun safety legislation, for example, Republican legislators, who are certain to win in their gerrymandered districts, can safely ignore them. 

Tennessee shows the effects of gerrymandering at the national level as well. Although Republican congressional candidates in Tennessee get about 65% of the vote, they control 89% of Tennessee’s congressional delegation. In the elections of 2022, Florida, Alabama, and Ohio all used maps that courts have thrown out for having rigged the system to favor Republicans. The use of those unfair maps highlights that the Republicans took control of the House of Representatives by only the slimmest of margins and explains why Republicans are determined to keep their gerrymanders.

Because their seats are safe, Republicans do not have to send particularly skilled politicians to Congress; they can send those whose roles are to raise money and push Republican ideology. That likely explains at least a part of why House Republicans are no closer to agreeing on a deal to fund the government than they have been for the past several months, even as the deadline is racing toward us, and why they are instead going to hold an impeachment hearing concerning President Joe Biden on Thursday. 

Michigan was one of the Operation REDMAP states, redistricted after the 2010 election into an extreme gerrymander designed by Republicans who bragged about stuffing “Dem garbage” into four districts so that Republicans would, as one said, stay in power for years. In 2016 a Michigan woman, Katie Fahey, started a movement to get rid of the partisan maps. In 2018, despite a Republican lawsuit to stop them, they successfully placed an initiative to create an independent redistricting commission on the ballot. It passed overwhelmingly. 

After the 2020 census the commission’s new maps still slightly favored Republicans because of the state’s demographic distribution—Democrats are concentrated in cities—but the parties were competitive. In 2022, Democrats took control of the state government, winning the House for the first time since 2008.

Notes:

https://gerrymander.princeton.edu/redistricting-report-card/?planId=recxk4vTgReqGhI5h

https://www.vox.com/politics/2023/9/25/23889465/north-carolina-republicans-elections

https://www.propublica.org/article/wisconsin-gop-gerrymander-elections-janet-protasiewicz

https://bolderadvocacy.org/story/redistricting-in-ohio/

https://ballotpedia.org/Ohio_Issue_1,_Congressional_Redistricting_Procedures_Amendment_(May_2018)

https://www.brennancenter.org/our-work/analysis-opinion/ohios-new-voting-maps-violate-its-own-constitution

https://www.democracydocket.com/analysis/ohios-congressional-map-is-back-in-court/

https://www.npr.org/2023/09/02/1197452442/desantis-florida-redistricting-map-gerrymandering-unconstitutional

https://www.alreporter.com/2023/09/16/dark-money-the-backstory-of-alabamas-redistricting-defiance/

https://www.cnn.com/2023/09/25/politics/alabama-redistricting-special-master-map-proposals/index.html

https://www.bridgemi.com/michigan-government/emails-suggest-republicans-gerrymandered-michigan-weaken-dem-garbage

https://www.nytimes.com/2021/12/29/us/politics/michigan-congressional-maps.html

https://ballotpedia.org/Party_control_of_Michigan_state_government

On Operation REDMAP, see David Daley, Ratf**ked: The True Story Behind the Secret Plan to Steal America’s Democracy (New York: Liveright, 2016).

https://www.cnn.com/2023/09/25/politics/kevin-mccarthy-government-shutdown/index.html

https://twitter.com/NC5PhilWilliams/status/1706096589322821813

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Published on September 25, 2023 23:21

September 24, 2023

September 24, 2023

The chairman of the Joint Chiefs of Staff is the nation’s highest-ranking military officer and the principal military advisor to the president, secretary of defense, and national security council. The current chairman, Army General Mark Milley, has served in the military for 44 years, deploying in Iraq, Afghanistan, Egypt, Panama, Haiti, Bosnia-Herzegovina, Colombia, Somalia, and the Republic of Korea. He holds a degree in political science from Princeton University, a master’s degree in international relations from Columbia University, and a master’s degree from the U.S. Naval War College in national security and strategic studies. 

Former president Trump chose Milley for that position, but on Friday night, Trump posted an attack on Milley, calling him “a Woke train wreck” and accusing him of betraying the nation when, days before the 2020 election, he reassured his Chinese counterpart that the U.S. was not going to attack China in the last days of the Trump administration, as Chinese leaders feared.  

Trump was reacting to a September 21 piece by Jeffrey Goldberg about Milley in The Atlantic, which portrays Milley as an important check on an erratic, uninformed, and dangerous president while also warning that “[i]n the American system, it is the voters, the courts, and Congress that are meant to serve as checks on a president’s behavior, not the generals.” 

Trump posted that Milley “was actually dealing with China to give them a heads up on the thinking of the President of the United States. This was an act so egregious that, in times gone by, the punishment would have been DEATH! A war between China and the United States could have been the result of this treasonous act. To be continued!!!”

In fact, the calls were hardly rogue incidents. Secretary of Defense Mark Esper, another Trump appointee, endorsed Milley’s October call, and Secretary of Defense Christopher Miller, who replaced Esper when Trump fired him just after the election, gave permission for a similar call Milley made in January 2021. At least ten officials from the Central Intelligence Agency and the State Department were on the calls. 

Trump is suggesting that in acting within his role and through proper channels, our highest ranking military officer has committed treason and that such treason in the past would have warranted death, with the inherent suggestion that we should return to such a standard. It seems much of the country has become accustomed to Trump’s outbursts, but this threat should not pass without notice, not least because Representative Paul Gosar (R-AZ) echoed it today in his taxpayer-funded newsletter.

In the letter, Gosar refers to Milley as “the homosexual-promoting-BLM-activist Chairman of the military joint chiefs,” a “deviant” who “was coordinating with Nancy Pelosi to hurt President Trump, and treasonously working behind Trump’s back. In a better society,” he wrote, “quislings like the strange sodomy-promoting General Milley would be hung. He had one boss: President Trump, and instead he was secretly meeting with Pelosi and coordinating with her to hurt Trump.”

Trump chose Milley to chair the Joint Chiefs but turned on him when Milley insisted the military was loyal to the Constitution rather than to any man. Milley had been dragged into participating in Trump’s march across Lafayette Square on June 1, 2020, to threaten Black Lives Matter protesters, although Milley peeled off when he recognized what was happening and later said he thought they were going to review National Guard troops. 

The day after the debacle, Milley wrote a message to the joint force reminding every member that they swore an oath to the Constitution. “This document is founded on the essential principle that all men and women are born free and equal, and should be treated with respect and dignity. It also gives Americans the right to freedom of speech and peaceful assembly…. As members of the Joint Force—comprised of all races, colors, and creeds—you embody the ideals of our Constitution.”

“We all committed our lives to the idea that is America,” he wrote by hand on the memo. “We will stay true to that oath and the American people.” 

Milley’s appearance with Trump as they crossed Lafayette Square drew widespread condemnation from former military leaders, and in the days afterward, Milley spoke to them personally, as well as to congressional leaders, to apologize. Milley also apologized publicly. “I should not have been there,” he said to graduates at National Defense University’s commencement. “My presence in that moment and in that environment created a perception of the military involved in domestic politics.” Milley went on to defend the Black Lives Matter protesters Trump was targeting, and to say that the military must address the systematic racism that has kept people of color from the top ranks. 

Milley’s defense of the U.S. military, 43% of whom are people of color, drew not just Trump’s fury, but also that of the right wing. Then–Fox News Channel personality Tucker Carlson made a special effort to undermine the man he said was “not just a pig, he’s stupid!” “The Pentagon is now the Yale faculty lounge, but with cruise missiles. That should concern you,” he told his audience. As Carlson berated the military for being “woke,” his followers began to turn against the military they had previously championed. 

Trump has made it clear he intends to weaponize the government against those he perceives to be his enemies, removing those who refuse to do his bidding and replacing them with loyalists. Ominously, according to Goldberg, another area over which Trump and Milley clashed was the military’s tradition of refusing to participate in acts that are clearly immoral or illegal. Trump overrode MIlley’s advice not to intervene in the cases of three men charged with war crimes, later telling his supporters, “I stuck up for three great warriors against the deep state.” 

Goldberg points out that in a second Trump administration packed with loyalists, there will be few guardrails, and he notes that Milley has told friends that if Trump is reelected, “[h]e’ll start throwing people in jail, and I’d be on the top of the list.”

But Milley told Goldberg he does not expect Trump to be reelected. “I have confidence in the American people,” he said. “The United States of America is an extraordinarily resilient country, agile and flexible, and the inherent goodness of the American people is there.” Last week, he told ABC’s Martha Raddatz that he is “confident that the United States and the democracy in this country will prevail and the rule of law will prevail…. These institutions are built to be strong, resilient and to adapt to the times, and I'm 100% confident we'll be fine."

Milley’s statement reflects the increasingly powerful reassertion of democratic values over the past several years. In general, the country seems to be moving beyond former president Trump, who remains locked in his ancient grievances and simmering with fear about his legal troubles—Adam Rawnsley and Asawin Suebsaeng of Rolling Stone recently reported he has been asking confidants about what sort of prison might be in his future—and what he has to say seems so formulaic at this point that it usually doesn’t seem worth repeating. Indeed, much of his frantic posting seems calculated to attract headlines with shock value.

But, for all that, Trump is the current frontrunner for the Republican presidential nomination. He has suggested that the chairman of the Joint Chiefs of Staff, the nation’s senior military advisor, has committed treason and that such a crime is associated with execution, and one of his loyalists in government has echoed him. 

And yet, in the face of this attack on one of our key national security institutions, an attack that other nations will certainly notice, Republican leaders remain silent. 

Notes:

https://www.defense.gov/About/Biographies/Biography/article/614392/general-mark-a-milley/

https://www.meidastouch.com/news/trump-gen-milley-should-be-executed-for-treason-for-betraying-me

https://www.politico.com/news/2021/09/15/claims-that-milley-made-secret-calls-to-chinese-leaders-exaggerated-sources-say-511918

https://gosar.house.gov/news/email/show.aspx?ID=P57YDUJWJGKSVINHGEIZ6D6JJM

https://www.thedailybeast.com/rep-paul-gosars-homophobic-rant-on-mark-milley-is-derangedeven-for-him

https://int.nyt.com/data/documenthelper/6990-milley-memo/fc4fb1c4459fbdbc87a7/optimized/full.pdf#page=1

https://www.businessinsider.com/tucker-carlson-white-rage-clip-video-fox-news-general-milley-2021-6

https://www.defenseone.com/ideas/2023/04/how-tucker-carlson-helped-turn-americans-against-military/385620/

https://www.theatlantic.com/magazine/archive/2023/11/general-mark-milley-trump-coup/675375/

https://www.rollingstone.com/politics/politics-features/trump-prison-conviction-trial-1234828231/

https://www.nytimes.com/2021/06/28/opinion/tucker-carlson-general-milley-republicans.html

https://www.nytimes.com/2020/06/11/us/politics/trump-milley-military-protests-lafayette-square.html

https://abcnews.go.com/Politics/fine-top-us-military-officer-confident-jan-6/story?id=103253206

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Published on September 24, 2023 23:07

September 23, 2023

September 23, 2023

Taking a deep breath and spending a quiet night with my family before the book tour starts next week, so no letter tonight.

My friend Peter Ralston took this image recently, and it feels perfect for this moment in a bunch of different ways. You will note that the building— and by extension, the flag painted on it— is under repair.

I’ll see you tomorrow.

[Photo “State of the Union,” by Peter Ralston.]

Notes:

You can find Peter and his wife Terri at the gallery in Rockport, Maine, or here: https://www.ralstongallery.com/

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Published on September 23, 2023 19:25

September 22, 2023

September 22, 2023

Two major stories today seem to bring together both the past and the future of the country to chart a way forward.

The first involves a historic workers’ strike. A week ago, on Friday, September 15, after workers’ four-year contracts expired, the United Auto Workers union declared a limited and targeted work stoppage in which about 13,000 workers walked off the job at three Midwestern auto plants. For the first time in history, those walkouts included all three major automakers: workers left a General Motors plant in Missouri, a Stellantis (which includes Chrysler) plant in Ohio, and a Ford plant in Michigan. 

Workers accepted major concessions in 2007, when it appeared that auto manufacturers would go under. They agreed to accept a two-tier pay system in which workers hired after 2007 would have lower pay and worse benefits than those hired before 2007. But then the industry recovered, and automakers’ profits skyrocketed: Ford, for example, made more than $10 billion in profits in 2022.

Automakers’ chief executive officers’ pay has soared—GM CEO Mary Barra made almost $29 million in 2022—but workers’ wages and benefits have not. Barra, for example, makes 362 times the median GM employee’s paycheck, while autoworkers’ pay has fallen behind inflation by 19%. 

The new UAW president, Shawn Fain, ran on a promise to demand a rollback of the 2007 concessions in this summer’s contract negotiations. He wants a cap on temporary workers, pay increases of more than 40% to match the salary increases of the CEOs, a 32-hour workweek, cost of living adjustments, and an elimination of the tier system. 

But his position is not just about autoworkers; it is about all U.S. workers. “Our fight is not just for ourselves but for every worker who is being undervalued, for every retiree who’s given their all and feels forgotten, and for every future worker who deserves a fair chance at a prosperous life,” Fain said. “[W]e are all fed up of living in a world that values profits over people. We’re all fed up with seeing the rich get richer while the rest of us continue to just scrape by. We’re all fed up with corporate greed. And together, we’re going to fight to change it.”

Fain has withheld an endorsement for President Biden out of concern that the transition to electric vehicles, which are easier to build than gas-powered vehicles, will hurt union jobs, and out of anger that the administration has offered incentives to non-union plants. That criticism created an opening for Republican presidential candidate Donald Trump to announce he would visit Detroit next week to show autoworkers that he has “always had their back,” in hopes of winning back the support of Rust Belt states.

But for all his talk of being pro-worker, Trump recently attacked Fain, saying “The autoworkers are being sold down the river by their leadership, and their leadership should endorse Trump.” Autoworkers note that Trump and the justices he put on the Supreme Court have been anti-union, and that he packed the National Labor Relations Board, which oversees labor laws and union elections, with officials who reduced the power of workers to organize. Before he left office, Trump tried to burrow ten anti-labor activists into the Federal Service Impasses Panel, the panel in charge of resolving disputes between unions and federal agencies when they cannot resolve issues in negotiations. 

Fain recently said: “Every fiber of our union is being poured into fighting the billionaire class and an economy that enriches people like Donald Trump at the expense of workers.” 

President Biden prides himself on his pro-union credentials, and as soon as he took office, he fired Trump’s burrowed employees, prompting the head of the union representing 700,000 federal employees to thank Biden for his attempt to “restore basic fairness for federal workers.” He said, “The outgoing panel, appointed by the previous administration and stacked with transparently biased union-busters, was notorious for ignoring the law to gut workplace rights and further an extreme political agenda.”

Today, in the absence of a deal, the UAW expanded the strike to dozens more plants, and in a Facebook live stream, Fain invited “everyone who supports our cause to join us on the picket line from our friends and families all the way up to the president of the United States.” Biden has generally expressed support for the UAW, saying that the automakers should share their record profits with their workers, but Fain rebuffed the president’s offer to send Labor Secretary Julie Su and White House senior advisor Gene Sperling to help with negotiations. 

Senators Bernie Sanders (I-VT) and John Fetterman (D-PA) have both visited Michigan to meet with UAW workers, but it was nonetheless a surprise when the White House announced that the president will travel on Tuesday to Michigan, where he will, as he posted on X, “join the picket line and stand in solidarity with the men and women of UAW as they fight for a fair share of the value they helped create. It’s time for a win-win agreement that keeps American auto manufacturing thriving with well-paid UAW jobs."

If President Biden is showing his support for the strong unions of the past, Vice President Kamala Harris is in charge of the future. The White House today announced the establishment of a National Office of Gun Violence Prevention, to be overseen by the vice president. 

Lately, Harris has been taking the lead in embracing change and appealing to younger voters. On September 9 she hosted a celebration honoring the 50th anniversary of hip hop, and she is currently in the midst of a tour of college campuses to urge young people to vote. She has been the administration’s leading voice on issues of reproductive rights and equality before the law, issues at the top of concerns of young Americans. Now adding gun safety to that list, she is picking up yet another issue crucially important to young people. 

When 26-year-old Representative Maxwell Frost (D-FL) introduced the president today, he said that he got involved in politics because he "didn't want to get shot in school."

If the president and the vice president today seemed to represent the past and the future to carry the country forward, the present was also in the news today, and that story was about corruption and the parties’ different approaches to it.

ProPublica has published yet another piece about Supreme Court Justice Clarence Thomas’s connections to wealthy donors. Joshua Kaplan, Justin Elliott, and Alex Mierjeski reported that Thomas attended at least two donor summits hosted by the Koch family, acting as a fundraising draw for the Koch network, but did not disclose the flights he accepted, which should have been considered gifts, or the hospitality associated with the trips. His appearances were coordinated with the help of Leonard Leo of the Federalist Society, who has been behind the court’s rightward swing.

The Koch family network funds a wide range of right-wing political causes. It has had interests in a number of cases before the Supreme Court during Thomas’s term, including an upcoming challenge to the government’s ability to regulate businesses—a principle the Koch enterprises oppose. 

Republicans have been defending Thomas’s behavior since these stories began to surface. 

Also in the corruption file today is Senator Bob Menendez (D-NJ), who, along with his wife, has been indicted by a federal grand jury in New York on three counts of conspiracy to commit bribery, conspiracy to commit honest services fraud, and conspiracy to commit extortion in connection with using his influence to advance the interests of Egypt. 

This is Menendez’s second legal go-round: in 2015 he was indicted on unrelated charges of bribery, trading political help for expensive plane flights and luxury vacations. Ten of the twelve members of the jury did not agree with the other two that he was guilty and after the hung jury meant a mistrial, the Department of Justice declined to retry the case. 

That the DOJ has indicted Menendez again on new charges undercuts Republicans’ insistence that the department has been weaponized to operate against them alone. And while Menendez insists he will fight the charges, he has lost his position at the head of the Senate Foreign Relations Committee under the rules of the Democratic Conference, and New Jersey Democratic leaders have already called on him to resign.

“So a Democratic Senator is indicted on serious charges, and no Democrats attacking the Justice Department, no Democrats attacking the prosecutors, no Democrats calling for an investigation of the prosecution, and no Democrats calling to defund the Justice Department,” wrote former Republican representative from Illinois and now anti-Trump activist Joe Walsh. 

“Weird, huh?”

Notes: 

https://uaw.org/president-fains-big-three-contract-update-ford-proposal-insults-worth/

https://www.politico.com/news/magazine/2023/09/22/uaw-strike-shawn-fain-00117091

https://www.reuters.com/business/autos-transportation/biden-visit-uaw-strike-would-be-historic-move-by-us-president-2023-09-22/

https://www.npr.org/2023/09/13/1198904929/uaw-unions-automakers-big-3-gm-ford-stellantis-shawn-fain

https://www.cnn.com/2023/09/19/politics/fain-trump-detroit/index.html

https://www.npr.org/2023/09/15/1199673197/uaw-strike-big-3-automakers

https://apnews.com/article/labor-union-auto-workers-trump-strike-dfcb805fd4e749b13aaf827e1463da73

https://www.cnbc.com/2023/09/15/biden-says-record-profits-should-ensure-record-contracts-as-uaw-strikes-ford-gm-and-stellantis-plants.html

https://www.cnbc.com/2023/09/06/uaw-leader-says-strike-would-send-biden-a-message.html

https://www.cnbc.com/2023/09/22/uaw-strikes-shawn-fain-invites-joe-biden-to-join-picket-line.html

https://www.nytimes.com/article/uaw-strike-explained-ford-stellantis-gm.html

https://www.axios.com/local/detroit/2023/09/20/fain-deadline-more-uaw-strikes-trump-visit

https://www.whitehouse.gov/briefing-room/statements-releases/2023/09/21/president-joe-biden-to-establish-first-ever-white-house-office-of-gun-violence-prevention-to-be-overseen-by-vice-president-kamala-harris/

https://abcnews.go.com/Politics/biden-announce-white-house-office-gun-violence-prevention/story?id=103394253

https://abcnews.go.com/Politics/biden-announce-white-house-office-gun-violence-prevention/story?id=103394253

https://thehill.com/homenews/administration/4205746-harris-kicks-off-college-tour-targeting-younger-voters/

https://www.propublica.org/article/clarence-thomas-secretly-attended-koch-brothers-donor-events-scotus

https://www.documentcloud.org/documents/23989441-us_v_menendez_et_al_indictment

https://www.politico.com/news/2023/09/22/authorities-to-charge-u-s-sen-bob-menendez-and-wife-today-00117590

https://thehill.com/homenews/senate/4218993-menendez-steps-down-as-foreign-relations-chairman-after-indictment/

https://www.politico.com/states/new-jersey/story/2017/11/17/menendez-hung-jury-sends-powerful-message-to-government-118599

https://www.politico.com/story/2017/09/05/robert-menendez-trial-senate-new-jersey-242333

https://www.politico.com/news/2023/09/22/authorities-to-charge-u-s-sen-bob-menendez-and-wife-today-00117590

https://www.politico.com/news/2023/09/22/new-jersey-democrats-menendez-indictment-00117693

https://www.nbcnews.com/politics/supreme-court/justice-thomas-allies-defend-latest-revelation-tuition-payments-wealth-rcna82850

https://www.nbcnews.com/politics/supreme-court/john-eastman-vouching-Clarence’s-thomas-integrity-rcna102466

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Published on September 22, 2023 23:52

September 21, 2023

September 21, 2023

The Senate has confirmed three top defense leaders. Last night it confirmed Air Force General Charles Q. Brown Jr. to replace Army General Mark A. Milley as chairman of the Joint Chiefs of Staff when he retires at the end of the month. Today, it confirmed General Randy A. George as Army chief of staff and General Eric M. Smith as Marine Corps commandant.

The Senate filled the positions at the top of our military by working around the hold extremist senator Tommy Tuberville (R-AL) has put on more than 300 military promotions, allegedly because he objects to the government’s policy of providing leave and travel allowance for service members who have to travel to obtain abortions. 

Jennifer Rubin of the Washington Post focused on the House Republicans today, though, when she wrote: “The GOP completely gone off its rocker—incapable of passing House spending, ranting and raving at AG, cooking up ludicrous and baseless impeachment, unable to greet Zelensky with joint session. This is not normal. This is egregious. You'd think the reporting would reflect it.”

Indeed, the House Republicans remain unable even to agree to talk about funding the government, let alone actually passing the appropriations bills Speaker Kevin McCarthy (R-CA) agreed to four months ago. Today, right-wing extremists in the House blocked a procedural vote over a Pentagon funding bill, keeping what is normally an easily passed bipartisan bill from even reaching the floor for debate. McCarthy acknowledged to reporters that he is frustrated. “This is a whole new concept of individuals who just want to burn the whole place down. It doesn’t work.”

The extremists do indeed appear unconcerned about the effects of their refusal to fund the government, and since they have the five or six votes they need to sink the measures McCarthy wants to pass with only Republican votes, this handful of representatives are the ones deciding whether the government will shut down. 

McCarthy could pass clean funding bills through the House whenever he wishes, but he refuses. To do so would mean working with Democrats, and that would spark a vote to throw him out of the speakership. And so, rather than keep the members in Washington, D.C., to work on the appropriations bills over the weekend, McCarthy recognized he did not have the votes he needs and sent them home.

The extremists are bolstered by former president Donald Trump, who posted on his social media platform today that the Republicans in Congress “can and must defund all aspects of Crooked Joe Biden’s weaponized Government…. This is also the last chance to defund these political prosecutions against me and other Patriots. They failed on the debt limit, but they must not fail now. Use the power of the purse and defend the Country!” 

Experts say shutting down the government would not, in fact, end the former president’s legal troubles, but he is actually doing more than that here: he is trying to assert dominance over the country. As Representative Adam Schiff (D-CA) said: “Let’s be clear about what the former president is saying here. House Republicans should shut down the government unless the prosecutions against him are shut down. He would deny paychecks to millions of working families & devastate the US economy, all in the service of himself.”

Extremist leader Representative Matt Gaetz (R-FL) responded to Trump’s statement with his own: “Trump Opposes the Continuing Resolution” to fund the government,” he wrote. “Hold the line.” Ron Filipkowski of MeidasTouch noted: “House Republicans refuse to fund the government to protect Donald Trump.” 

Trump’s accusation that President Biden is weaponizing the Justice Department against him and others who tried to overturn the results of the 2020 election is the opposite of what has really happened. Not only has Biden stayed scrupulously out of the Justice Department’s business—leaving in place the Trump-appointed leader of the investigation into Biden’s son Hunter, for example—but also we received more proof yesterday that it was Trump, not Biden, who weaponized the Justice Department against his enemies. 

Nora Dennehy, who abruptly resigned from former special counsel John Durham’s investigation into the origins of the FBI’s investigation into Russia’s interference in the 2016 election, explained in her confirmation hearing to Connecticut’s state supreme court yesterday that she quit because Trump’s Department of Justice was tainted by politics. Before joining the probe, she said, “I had been taught and spent my entire career at [the] Department of Justice conducting any investigation in an objective and apolitical manner.” 

But Trump and his loyalists expected Durham’s investigation to prove that there was a “deep state” conspiracy against him, and then–attorney general William Barr seemed to be working to support that fantasy, even though there was no evidence of it (as shown by the fact the investigation ultimately fizzled). Barr was, she thought, violating DOJ guidelines in his public comments about the investigation and in his consideration of releasing an interim report before the 2020 election.

“I simply couldn’t be part of it,” Dannehy said. “So I resigned.”

The resistance of the extremists to McCarthy’s leadership is spilling over into foreign affairs as well. Today, Ukraine president Volodymyr Zelensky was in Washington, D.C., where he met with President Biden at the White House and with leaders at the Pentagon, and spoke to a closed-door session for the Senate. But he did not speak to the House of Representatives. While McCarthy met with him privately, the speaker maintained that “we just didn’t have time” for him to address the House. 

As part of their demands, House extremists want to cut funding for Ukraine’s defense. This would, of course, work to strengthen Russian president Vladimir Putin’s hand in his war against Ukraine. Earlier this month, former Central Intelligence Agency director John Brennan told MSNBC that it is “absolutely essential” to Putin that Trump win back the White House in 2024. “I think it is Putin's main lifeline in order to find some way to salvage what has been a debacle in Ukraine for him," Brennan said. "If Trump is able to return to the White House...Putin could have a like-minded individual that he can work with, detrimental to U.S. interests certainly and detrimental to Western interests overall.” The intelligence community assesses that Putin worked to help Trump in the 2016 and 2020 elections, and is pushing pro-Russia and anti-Ukraine propaganda now.

Defense Secretary Lloyd J. Austin III assured Zelensky that the U.S. will continue to support Ukraine and work with allies and partners to make sure it has the weapons it needs. Lara Seligman of Politico reported today that the Pentagon will continue to fund Ukraine operations even if there is a government shutdown. Military activities deemed crucial to national security can be exempted from being shuttered during a government shutdown.

And finally, 92-year-old Rupert Murdoch announced today that he will be stepping down as chair of his media empire, including both Fox Corporation, which includes the Fox News Channel (FNC), and News Corporation, which owns the Wall Street Journal and the New York Post, among other newspapers. In 1996 the Australian-born mogul launched the Fox News Channel with media specialist Roger Ailes, who had packaged Republican presidential nominee Richard Nixon in 1968 by presenting him to audiences in highly scripted television appearances. 

The Fox News Channel initially presented news from a conservative viewpoint, but over time its opinion shows, delivered as if they were news, came to dominate the channel. Those shows presented a simple narrative in which Americans—overwhelmingly white and rural—wanted the government to leave them alone but “socialists” who wanted social welfare programs demanded their tax dollars. Isolated in the fantasy world of FNC, its viewers became such fanatic adherents to right-wing politics that FNC wholeheartedly trumpeted Trump’s Big Lie after he lost the 2020 presidential election because viewers turned away from FNC when some of its personalities acknowledged that Biden had won..

Angelo Carusone, president of Media Matters for America, said today that “Murdoch created a uniquely destructive force in American democracy and public life, one that ushered in an era of division where racist and post-truth politics thrive.”  Margaret Sullivan, formerly the Washington Post’s media critic, wrote in The Guardian that FNC was “a shameless propaganda outfit, reaping massive profits even as it attacked core democratic values such as tolerance, truth and fair elections.” Murdoch, she wrote, wreaked “untold havoc on American democracy.”

Murdoch sees it differently. In his resignation letter, he attacked “bureaucracies” who wanted to “silence those who would question their provenance and purpose” and “elites” who “have open contempt for those who are not members of their rarefied class.” “Most of the media is in cahoots with those elites, peddling political narratives rather than pursuing the truth,” he wrote. 

Forbes estimates that their media empire has enabled Murdoch and his family to amass a fortune of more than $17 billion.

Notes:

https://www.cnn.com/2023/09/21/politics/house-government-shutdown-negotiations-latest/index.html

https://apnews.com/article/government-shutdown-mccarthy-house-republicans-spending-cuts-deff84c0e2ff7d3bd076b8c38e14cca4

https://apnews.com/article/donald-trump-ap-top-news-elections-john-durham-politics-8e9a93c3bc26dfdffd9d88d6ea24720a

https://www.cnn.com/2023/09/21/politics/house-failure-to-pass-rule-explainer/index.html

https://talkingpointsmemo.com/news/shutdown-house-republican-mccarthy

https://apnews.com/article/connecticut-supreme-court-dannehy-barr-russia-investigation-cdb85689f026f05e9f87be098cd8ed40

https://www.nytimes.com/2023/09/20/us/politics/mccarthy-zelensky-republicans.html

https://thehill.com/policy/defense/4216555-mccarthy-rejected-zelenskys-request-to-address-congress-during-visit/

https://www.washingtonpost.com/opinions/2020/09/22/secret-cia-assessment-putin-probably-directing-influence-operation-denigrate-biden/

https://www.defense.gov/News/News-Stories/Article/Article/3534161/austin-assures-zelenskyy-of-american-support-for-ukraine/

https://www.politico.com/news/2023/09/21/pentagon-exempts-ukraine-operations-from-shutdown-00117482

https://www.cnbc.com/2023/09/21/rupert-murdoch-steps-down-as-chairman-of-fox-and-news-corp.html

https://www.forbes.com/profile/rupert-murdoch/?sh=520fc23cb1af

https://www.newsweek.com/putin-needs-trump-help-salvage-ukraine-debacle-former-cia-director-1826548

https://www.cnn.com/2023/08/25/politics/us-intel-russia-propaganda/index.html

https://www.theguardian.com/commentisfree/2023/sep/21/rupert-murdochs-reign-at-fox-news-is-over-but-the-damage-he-did-may-last-forever

https://www.defense.gov/News/News-Stories/Article/Article/3534238/senate-confirms-3-defense-leaders/

https://www.nytimes.com/2023/08/25/us/politics/russia-intelligence-propaganda.html

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https://twitter.com/RonFilipkowski/status/1704793800944599280

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Published on September 21, 2023 23:36

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