Heather Cox Richardson's Blog, page 141
October 5, 2023
October 4, 2023
Yesterday, eight extremist members of the Republican congressional conference demonstrated that they could stop their party, and the government, from functioning. Indeed, that’s about all those members have ever managed to do. Political scientist Lindsey Cormack noted on social media that Representatives Andy Biggs (R-AZ) and Nancy Mace (R-SC) have managed only to name a single facility each; Representatives Ken Buck (R-CO), Tim Burchett (R-TN), Eli Crane (R-AZ), Matt Gaetz (R-FL), and Matt Rosendale (R-MT) have each sponsored no successful bills; and Bob Good (R-VA) has sent one thing to the president, who vetoed it.
They are not interested in governing; they are interested in stopping the government, apparently working with right-wing agitator Steve Bannon to sink the speakership of Kevin McCarthy (R-CA). Indeed, the only two significant legislative achievements the Republicans have made since they took control of the House in January 2023 were raising the debt ceiling and passing a continuing resolution to fund the government for 45 days. In both of those cases, the measures passed because Democrats provided more votes for them than the Republicans did.
The former House speaker was one of many Republicans who tried to turn this internal party debacle into the fault of the Democrats, although he apparently offered them no reason to come to his support and made it clear he would continue to boost the extremists.
Josh Marshall of Talking Points Memo commented: “The idea that D[emocrat]s should have bailed out McCarthy is a codicil of the larger logic of DC punditry in which R[epublican] bad behavior/destruction is assumed, a baseline like weather, and D[emocrat]s managing the consequences of that behavior is a given.” Journalist James Fallows agreed that this understanding “is so deeply engrained in mainstream coverage and ‘framing’ of DC that it doesn’t need to be said out loud.”
Aaron Fritschner, the deputy chief of staff for Representative Don Beyer (D-VA), was more specific, calling the idea the Democrats were refusing to support McCarthy out of spite “silly nonsense.” He noted that on Saturday, the House was preparing to shut down when McCarthy sprung on the Democrats a vote on the continuing resolution the Democrats had never seen. “My immediate read was he wanted and expected us to vote against [it] so we would be blamed for a shutdown,” Fritschner wrote. The Democrats instead lined up behind it.
Then, after it passed, McCarthy said to a reporter that the Democrats were to blame for the threatened shutdown in the first place. “People want us to give the guy credit for stopping a shutdown but it is still not clear to me right now sitting here writing this that he *intended* to do that,” Fritschner wrote.
Meanwhile, Fritschner continued, McCarthy was making it clear that he would “steer us directly back into the crazy cuts and abortion restrictions, the Freedom Caucus setting the agenda, breaking his deal with Biden, and driving us towards a shutdown in November,” refusing to make any reassurances that he would try to work with Democrats. As Jake Sherman of Punchbowl News reported: “Mccarthys allies say they will NOT negotiate with democrats. Even as some house Dems privately say they want to help the California Republican.”
“This came down to trust, and that's the word I saw and heard from House Democrats more than any other word. We did not trust Kevin McCarthy and he gave us no reason to. He could have done so (and I suspect saved his gavel) through fairly simple actions. He chose not to do that,” Fritschner wrote.
Adam Cancryn, Jennifer Haberkorn, Lara Seligman, and Sam Stein of Politico confirmed that both McCarthy’s allies and opponents found him untrustworthy, noting that when negotiating with President Joe Biden on “a particularly sensitive matter,” the speaker privately told allies that he found the president “sharp and substantive in their conversations” while in public he made fun of Biden’s age and mental abilities. That contradiction “left a deep impression on the White House,” the reporters said.
But who will now be able to get the votes necessary to become House speaker?
It seems reasonable to believe that the Democrats will continue to vote as a bloc for Minority Leader Hakeem Jeffries (D-NY), leaving the Republicans back where they were in January, when it took them 15 ballots to agree on McCarthy. Now, though, they are even angrier at each other than they were then. "Frankly, one has to wonder whether the House is governable at all," Representative Dusty Johnson (R-SD) told Andrew Solender of Axios.
Two Republicans have thrown their hats into the ring: Representatives Jim Jordan of Ohio and Steve Scalise of Louisiana. Both are significantly to the right of McCarthy, and both carry significant baggage. Jordan was involved in a major college molestation scandal and refused to answer a subpoena concerning his participation in the attempts to overturn the results of the 2020 presidential election. Scalise has described himself as like Ku Klux Klan leader David Duke “but without the baggage.”
Republicans from less extreme districts, including the 18 who represent districts Biden won in 2020, are not going to want to go before voters in 2024 with the kinds of voting records Jordan or Scalise would force on them.
The fight over the speakership is unlikely to be quick, and there is urgent business to be done. Congress must fund the government—the continuing resolution that made Gaetz call for McCarthy’s ouster runs out shortly before Thanksgiving. Even more immediate is funding for Ukraine to help its military defend the country against Russia’s invasion. That funding is very popular with members of both parties in both the House and Senate, but Jordan has said he is against moving forward with that funding, believing the extremists’ wish list is more pressing.
Today news broke that Ukrainian attacks have forced Russia to withdraw most of its Black Sea Fleet from occupied Crimea. This is a serious blow to Vladimir Putin’s ongoing invasion of Ukraine. It is an unfortunate time for the U.S. to back away from Ukraine funding, and legislators are urging the House to pass that funding quickly.
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Notes:
https://www.politico.com/news/2023/10/04/white-house-mccarthy-downfall-00119933
https://www.axios.com/2023/10/04/house-republicans-kevin-mccarthy-removal-speaker
https://talkingpointsmemo.com/edblog/succession-wingnut-world-edition
https://www.nytimes.com/2023/10/04/us/politics/bannon-republicans-gaetz-mace.html
https://www.brown.senate.gov/newsroom/press/release/brown-colleagues-call-immediate
https://www.cnn.com/2023/10/04/politics/ukraine-funding-house-speaker-race/index.html
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October 4, 2023
October 3, 2023
Wow.
Today, House Republicans made history by being the first to throw out their own Speaker of the House, while the frontrunner for the 2024 Republican presidential nomination made history by being the first candidate to be gagged by a judge after threatening one of the judge’s law clerks by posting a lie about her on social media.
Ever since Representative Kevin McCarthy (R-CA) made a deal with the extremists in his conference to win the speakership after Republicans took control of the House of Representatives in January 2023, he has catered to those extremists in an apparent bid to hold on to his position. From the first, he gave them key positions on committees, permitted them to introduce extreme measures and load up bills with poison pills that meant the bills could never make it through Congress, and recently to open impeachment hearings against President Joe Biden.
But the extremists have continued to bully him, especially since they opposed a deal he cut with Biden before McCarthy would agree to raise the debt ceiling, threatening to make the United States default on its debt for the first time in U.S. history. When their refusal to pass either appropriations bills or a continuing resolution to buy more time to pass those bills meant the U.S. was hours away from a government shutdown, McCarthy finally had to rely on the Democrats for help passing a continuing resolution on Saturday.
A shutdown would have hurt the country and, in so doing, would have benefited former president Trump, to whom the extremists are loyal. Led by Representative Matt Gaetz of Florida, they were vocal about their anger at McCarthy’s pivot to the Democrats to keep the government open,
Yesterday, Gaetz challenged McCarthy’s leadership, apparently with the expectation that the Democrats would step in to save McCarthy’s job, although it is traditionally the majority party that determines its leader. According to Paul Kane of the Washington Post, McCarthy did reach out to Democrats for votes to support his speakership. But Democrats pointed to McCarthy’s constant caving to the MAGA Republicans—as recently as Sunday, McCarthy blamed the threat of a shutdown on the Democrats—and were clear the problem was the Republicans’ alone.
“It is now the responsibility of the [Republican] members to end the House Republican Civil War. Given their unwillingness to break from MAGA extremism in an authentic and comprehensive manner, House Democratic leadership will vote yes on the pending Republican Motion to Vacate the Chair,” minority leader Hakeem Jeffries wrote to the Democratic caucus.
And so, when the House considered blocking Gaetz’s motion to vacate the chair, the measure failed by a vote of 208 to 218. Eleven Republicans voted against blocking it. And then, on the voting over the measure itself, 216 members voted to remove McCarthy while 210 voted to keep him in the speaker’s chair. Eight Republicans abandoned their party to toss him aside, making him the first speaker ever removed from office.
The result was a surprise to many Republicans, and there is no apparent plan for moving forward. House Rules Chairman Tom Cole (R-OK), who released a statement supporting McCarthy, called the outcome “simply a vote for chaos.”
Speakers provide a list of people to become temporary speakers in case of emergency, so the gavel has passed to Representative Patrick McHenry (R-NC), who has power only to recess, adjourn, and hold votes for a new speaker. McCarthy says he will not run for speaker again. The House has recessed for the rest of the week, putting off a new speaker fight.
Until then, Republicans seem to be turning their fury at their own debacle on the Democrats, blaming them for not stepping in to fix the Republicans’ mess. One of McHenry’s first official acts was to order former speaker Nancy Pelosi (D-CA) to vacate her private Capitol office by tomorrow, announcing that he was having the room rekeyed. Pelosi was not even there for today’s votes; she is in California for the memorial services for the late Senator Dianne Feinstein (D-CA).
McHenry’s action is unlikely to make the Democrats more eager to work with the Republicans; Pelosi noted that this “sharp departure from tradition” seemed a surprising first move “[w]ith all the important decisions that the new Republican Leadership must address, which we are all eagerly awaiting….” Pelosi might have been sharp, but she is not wrong. The continuing resolution to fund the government runs out shortly before Thanksgiving, and funding for Ukraine has an even shorter time frame than that. The House cannot do business without a speaker, and each day this chaos continues is a victory for the extremists who are eager to stop a government that does anything other than what they want from functioning, even as it highlights the Republicans’ inability to govern.
Phew. But that was not the end of the day’s news.
Jose Pagliery of The Daily Beast, who is watching the New York trial of Trump, his two older sons, two of his associates, and the Trump Organization, wrote that New York Supreme Court Justice Arthur F. Engoron said today that he had warned Trump’s lawyer that Trump must not continue his attacks on the justice system. Rather than heed the warning, Trump today went after Engoron’s own law clerk, posting a lie about her with a photo on social media. “Personal attacks on members of my court staff are unacceptable, inappropriate, and I will not tolerate them under any circumstances,” Engoron said.
Engoron ordered Trump to delete the post, and the former president did so. Engoron forbade “all parties from posting, emailing, or speaking publicly about any members of my staff” and warned there would be “serious sanctions” for those who did so.
The New York case strikes close to Trump’s identity as a successful businessman by showing that he lied about the actual value of his properties, and by dissolving a number of his businesses by canceling their licenses. Adding to Trump’s troubles today is that he fell off Forbes’ list of the 400 wealthiest Americans, a status that in the past he has cared deeply about.
In the midst of the Republican chaos, the Biden administration announced that the manufacturers of all the ten drugs selected for negotiation with Medicare to lower prices have agreed to participate in the program, although they are pursuing lawsuits to stop it. Several of the pharmaceutical companies have complained of being “essentially forced” to sign on; one says it is participating “under protest” but feels it has no choice given the penalties their products would bear if they are unwilling to negotiate prices.
According to the White House, the ten drugs selected for negotiation accounted for a total of $3.4 billion in out-of-pocket costs for an estimated 9 million Medicare enrollees in 2022. The negotiations were authorized by the Inflation Reduction Act, which passed without any Republican votes.
The Department of Justice announced eight indictments against China-based companies and their employees for crimes relating to street fentanyl and methamphetamine production, distribution of synthetic opioids, and sales resulting from precursor chemicals used to make street fentanyl. Drug Enforcement Administration (DEA) administrator Anne Milgram noted that the supply chain that brings street fentanyl to the U.S. starts in China, from which chemical companies ship fentanyl precursors and analogues into our country and into Mexico, where the chemicals “are used to make fentanyl and make it especially deadly.” Milgram promised that the “DEA will not stop until we defeat this threat.”
Finally, while the Republicans were making history on the House side of the U.S. Capitol, the Democrats were making history on the Senate side. Vice President Kamala Harris swore into office Senator Laphonza Butler to complete the term of Senator Dianne Feinstein, which ends next year. Before her nomination, Butler was the president of EMILYs List, a political action committee dedicated to electing Democratic female candidates who back reproductive rights to office, and has advised a number of high-profile political campaigns, including that of Harris in 2020.
Butler is the first Black lesbian in the Senate. She and her wife, Nenike, have a daughter.
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Notes:
https://www.cnn.com/2023/10/03/politics/drugmakers-medicare-price-negotiations/index.html
https://www.cbsnews.com/news/donald-trump-net-worth-forbes-400-2023/
https://www.washingtonpost.com/politics/2023/10/03/kevin-mccarthy-democrats-vote-speaker-house/
https://www.cnn.com/2023/10/03/politics/mccarthy-gaetz-vote-motion-to-vacate/index.html
https://cole.house.gov/media/press-releases/cole-supports-mccarthy
https://www.cbsnews.com/news/laphonza-butler-senate-california-gavin-newsom-dianne-feinstein-seat/
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October 2, 2023
October 2, 2023
The trial of former president Trump, his oldest sons, two associates, and the Trump Organization began today in Manhattan. Jose Pagliery, political investigations reporter for The Daily Beast, noted that the presiding judge, New York Supreme Court Justice Arthur Engoron, started with a reference to Friday’s rainstorm that flooded New York City, saying: "Weeks ago, I said we would start today 'come hell or high water.’ Meteorologically speaking, we’ve had the high water."
New York Attorney General Letitia James launched the investigation in 2019 after Trump fixer Michael Cohen testified before Congress that Trump had been engaging in fraud by inflating the value of his property. Last week, Justice Engoron issued a partial decision establishing that the organization and its executives committed fraud. Engoron canceled the licenses under which the organization’s New York businesses operated, provided for those businesses to be dissolved, and provided for an independent monitor to oversee the company.
With that major point already established, the trial that began today will establish how much of the ill-gotten money must be given up, or “disgorged,” by the defendants and whether they falsified records or engaged in insurance fraud in the process of committing fraud. James has asked for a minimum of $250 million in disgorgement, along with a ruling permanently prohibiting Trump and his older sons from doing business in New York, and a five-year ban on commercial real estate transactions for Trump and the organization.
Trump is attending the trial in person, likely because, as Pagliery noted, he cited this trial as the reason he couldn’t show up for two days of depositions in his federal case against Michael Cohen. If he didn’t show up, he would be in contempt of court. So he is there, but his goal in all his legal cases seems to be to play to the public, where his displays of victimization and dominance have always served him.
He has already said it is “unfair” that he isn’t getting a jury trial in New York, but his lawyers explicitly said they did not want one, possibly because a bench trial gives Trump a single judge to attack rather than a jury. Today, his lawyer Alina Habba, who along with her law firm and Trump has been fined close to $1 million by a federal judge for filing a frivolous lawsuit, gave a fiery opening statement aimed at “the American people” rather than the judge. When the court broke for lunch, Trump went straight to reporters to rail at the prosecutors holding him to account.
Historian Lawrence Glickman noted that the press is emphasizing Trump’s anger at the proceedings as if a defendant’s anger matters, but it is starting to feel as if bullying and bluster to get away with breaking the rules is not as effective as it used to be. Legal analyst Lisa Rubin notes that this case is a form of “corporate death penalty” that strikes at his wealth and image, both of which are central to his identity and to his political power.
And it is not just Trump; another case announced on Friday suggests the era of real estate crime is ending. The Department of Justice announced that a California real estate executive had pleaded guilty the previous day to a multi-year scheme that looked a lot like the one Trump’s organization is charged with: fraudulently inflating the value of real estate holdings of a Michigan company in order to defraud lenders.
“My office will not hesitate to prosecute those who lie in order to engage in financial crimes, regardless of the titles they may have,” said U.S. Attorney for the Eastern District of Michigan Dawn N. Ison.
The drive for the impartial application of the rule of law is showing up among the Democrats, as they seek to illustrate the difference between them and the Republicans. New Jersey Democratic senator Bob Menendez is insisting that the federal indictment against him and his wife for bribery, fraud, and extortion in exchange for helping Egypt is a political smear campaign, but more than half of Democratic senators have called on him to resign.
Trump is increasingly being held to account by former staff, as well. In the wake of his attacks on former chairman of the Joint Chiefs of Staff General Mark Milley, Trump’s former chief of staff Marine Corps General John Kelly went on the record today with Jake Tapper of CNN, confirming a number of the damning stories that emerged during Trump’s presidency about his denigration of wounded, captured, or killed military personnel as “suckers” and “losers,” with whom he didn’t want to be seen.
Kelly called Trump: “A person that has no idea what America stands for and has no idea what America is all about. A person who cavalierly suggests that a selfless warrior who has served his country for 40 years in peacetime and war should lose his life for treason—in expectation that someone will take action. A person who admires autocrats and murderous dictators. A person that has nothing but contempt for our democratic institutions, our Constitution, and the rule of law…. There is nothing more that can be said,” he added. “God help us.”
The confirmation of Trump’s attacks on wounded or killed military personnel will not help his political support. After reading Kelly’s remarks, retired Army Major General Paul Eaton, a key advocate for veteran voting, released a video he recorded more than two years ago when he first heard the stories about Trump’s attack on the military. “Who could vote for this traitor Trump?” he asked on social media. In the video, Eaton urges veterans to “vote Democratic,” because “our country’s honor depends on it.”
That Trump is concerned about his ebbing popularity showed tonight when his campaign released a statement demanding that the Republican National Committee cancel all future debates and focus on Trump’s evidence-free allegations that the Democrats are going to steal the 2024 election. If it refuses, the statement says, it will just show that national Republicans are “more concerned about helping Joe Biden than ensuring a safe and secure election.”
Popular pressure against the extremism of the Republican Party showed up today when Supreme Court Justice Clarence Thomas recused himself from participating in a case related to the January 6, 2021, attack on the U.S. Capitol. Thomas’s wife, Ginni, was a staunch supporter of Trump’s attempt to overturn the results of the 2020 election, and in the past, Thomas had voted on related cases nonetheless. Today’s case involved John Eastman, formerly one of Thomas’s law clerks.
There were interesting signs today that the tide seems to be turning against the MAGA Republicans elsewhere, too. In an op-ed in the New York Times, former South Carolina representative Bob Inglis told his “Fellow Republicans: It’s Time to Grow Up.” He expressed regret for his votes in 1995 to shut down the government and in 1998 to impeach President Bill Clinton, and for his opposition to addressing climate change on the grounds that if Al Gore was for it, Republicans should be against it.
But he had come to realize that “the fight wasn’t against Al Gore; it was against climate change. Just as the challenge of funding the government isn’t a referendum on Speaker McCarthy; it’s a challenge of making one out of many—E pluribus unum—and of bringing the country together to do basic things.” He called on Republicans to remember that we must face the huge challenges in our future together: language that echoes President Joe Biden, who has been making that pitch since he took office.
The fight over funding the government has contributed to growing pressure on the extremists. The chaos in the Republican Party as the factions fought each other with no plan to fund the government until McCarthy finally had to rely on the Democrats for help passing a continuing resolution was a sign that the extremists’ power is at risk.
Today, there was much chafing over the threats of Representative Matt Gaetz (R-FL) to challenge Speaker Kevin McCarthy of California, and he actually did it this evening, although it is not clear that he has the votes either to remove McCarthy or to prevent his reelection as speaker. What is clear is that Gaetz is forcing a showdown between the extremists and the rest of the party, and while such a showdown is sure to garner media attention, it is unlikely to leave the extremists in a stronger position.
Indeed, when he left the floor after making the motion to vacate the chair, some Democrats laughed.
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Notes:
https://www.washingtonpost.com/politics/2023/10/02/trump-fraud-trial-ny/
Public NoticeHow Trump's fraudulent business practices finally came back to bite himRead more4 days ago · 253 likes · 10 comments · Aaron Rupar and Lisa Needhamhttps://www.washingtonpost.com/politics/2023/01/20/donald-trump-fine-court-clinton/
https://www.washingtonpost.com/politics/2023/10/02/trump-fraud-trial-ny-2/
https://www.nytimes.com/2023/09/26/nyregion/trump-james-fraud-trial.html
https://www.nytimes.com/2023/10/02/opinion/kevin-mccarthy-house-republicans-shutdown.html
https://www.washingtonpost.com/politics/2023/10/02/kevin-mccarthy-matt-gaetz/
https://www.documentcloud.org/documents/23989449-menendez-indictment
https://abcnews.go.com/US/york-ag-letitia-james-files-250m-lawsuit-trump/story?id=90240332
https://www.documentcloud.org/documents/23991865-trump-ny-fraud-ruling
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October 1, 2023
October 1, 2023
On Friday, Chairman of the Joint Chiefs of Staff General Mark Milley spoke in Arlington, Virginia, at a farewell ceremony before his retirement after four years in the position to which former president Trump appointed him. Milley’s position as the highest-ranking and most senior military officer in the United States Armed Forces and the nation’s top military advisor during a stretch of U.S. history in which a president tried to overturn the results of a presidential election and undermine our democracy made his tenure perhaps more difficult than any of his predecessors’.
Milley had been at Trump’s side at the start of the former president’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. Since then, Milley has spoken out against strongman rule and vocally defended the U.S. Constitution.
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,” he wrote. “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.”
Trump and his loyalists turned on Milley, and that fury has only increased. On September 22, 2023, former president Trump suggested that Milley, who has served in the military for more than 40 years, had committed what some would call treason when he reassured his Chinese counterpart that the U.S. would not attack in the last days of the Trump administration—an assurance administration officials signed off on—in the face of Trump’s increasingly erratic behavior. Milley has told associates that if Trump is reelected, he expects to be thrown into prison.
Milley responded to Trump’s attempted intimidation in his farewell address. He began by thanking President Biden for his “unwavering leadership.” “I’ve seen you in the breach, I’ve seen you on the watch,” Milley told the president, “and I know firsthand that you’re a man of incredible integrity and character.”
After thanks to the president and vice president and to his colleagues, friends, wife, and children, and after good wishes for the incoming chair of the Joint Chiefs of Staff, United States Air Force general Charles Q. “CQ” Brown, Milley went on to explain his principles for the nation. His speech did not mention any names, but it was nonetheless a sharp rebuke to former president Trump and those who would abandon our democracy in favor of a dictator:
“Today is not about anyone up here on this stage…. It’s about something much larger than all of us,” Milley said.
“It’s about our democracy. It’s about our republic…. It’s about the ideas and values that make up this great experiment in liberty. Those values and ideas are contained within the Constitution of the United States of America, which is the moral North Star for all of us who have the privilege of wearing the cloth of our nation.
“It is that document…that gives purpose to our service. It is that document that gives purpose to our lives. It is that document that all of us in uniform swear to protect and defend against all enemies, foreign and domestic.
“That has been true across generations, and we in uniform are willing to die to pass that document off to the next generation. So it is that document that gives ultimate purpose to our death. The motto of our country is “E Pluribus Unum,” from the many, come one. We are one nation under God. We are indivisible, with liberty for all. And the motto of our army, for over 200 years…has been “This We’ll Defend,” and the “this” refers to the Constitution….
“You see, we in uniform are unique…among the world's armies. We are unique among the world’s militaries. We don’t take an oath to a country. We don’t take an oath to a tribe. We don’t take an oath to a religion. We don’t take an oath to a king or a queen or to a tyrant or a dictator. And we don’t take an oath to a wannabe dictator. We don’t take an oath to an individual.
“We take an oath to the Constitution, and we take an oath to the idea that is America, and we’re willing to die to protect it.…
“Those who sacrificed themselves on the altar of freedom in the last two and a half centuries of this country must not have done so in vain. The millions wounded in our nation’s wars did not sacrifice their limbs and shed their blood to see this great experiment in democracy perish from this earth. No. We the United States military will always be true to those that came before us. We will never, under any circumstances, turn our back on our duty….
“From the earliest days, before we were even a nation, our military stood…in the breach, has suffered the crucible of combat, and has stood the watch and defended liberty for all Americans. Each of us signs a blank check to this country to protect our freedom. The blood we spill pays for our freedom of speech. Our blood pays for the right to assemble, our due process, our freedom of the press, our right to vote, and all the other rights and privileges that come with being an American….
“We the American people, we the American military, must never turn our back on those that came before us. And we will never turn our back on the Constitution. That is our North Star, that is who we are, and that is why we fight.”
It was a pointed statement, coming as it did from the highest-ranking military officer of the U.S. as he voluntarily stepped down from his position.
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Notes:
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.”
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Notes:
https://talkingpointsmemo.com/edblog/45-day-continuing-resolution-government-shutdown-averted
https://clerk.house.gov/Votes/2023513
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/
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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.
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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 SykesTwitter (X):
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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.”
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Notes:
https://www.cnn.com/2018/08/27/politics/john-mccain-farewell-statement/index.html
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.”
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Notes:
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
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://twitter.com/justinbaragona/status/1706719795226231118
https://www.washingtonpost.com/business/2023/09/26/mccarthy-conservatives-cut-spending/
https://www.cnn.com/2023/09/26/politics/supreme-court-alabama-redistricting/index.html
https://www.nytimes.com/live/2023/09/26/us/biden-uaw-strike-detroit
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
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.
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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.democracydocket.com/analysis/ohios-congressional-map-is-back-in-court/
https://www.alreporter.com/2023/09/16/dark-money-the-backstory-of-alabamas-redistricting-defiance/
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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