Heather Cox Richardson's Blog, page 146

August 15, 2023

August 15, 2023

Last night, after a Georgia grand jury’s indictment of 19 people who worked to overturn the results of the 2020 presidential election, indicted co-conspirator and Trump lawyer Rudy Giuliani made a statement saying: “This is an affront to American Democracy and does permanent, irrevocable harm to our justice system. It's just the next chapter in a book of lies with the purpose of framing President Donald Trump and anyone willing to take on the ruling regime. They lied about Russian collusion, they lied about Joe Biden's foreign bribery scheme, and they lied about Hunter Biden's laptop hard drive proving 30 years of criminal activity. The real criminals here are the people who have brought this case forward both directly and indirectly."

This morning, Trump posted on Truth Social a promise that next Monday he will present “A Large, Complex, Detailed but Irrefutable REPORT on the Presidential Election Fraud which took place in Georgia,” saying the report “is almost complete.” He went on: “Based on the results of this CONCLUSIVE Report, all charges should be dropped against me & others—There will be a complete EXONERATION!”

It appears the Trump Republicans have fully embraced what Russian political theorists called “political technology”: the construction of a virtual political reality through modern media. Political theorists developed several techniques in this approach to politics: blackmailing opponents, abusing state power to help favored candidates, sponsoring “double” candidates with names similar to those of opponents in order to confuse voters on the other side and thus open the way for their own candidates, creating false parties to split the opposition, and, finally, creating a false narrative around an election or other event in order to control public debate.

The reality, of course, is that the claims that Giuliani, Trump, and their co-conspirators have made in front of the cameras have never stood up in the courts. They have lost time and time again. Just last month, Giuliani conceded in court that he had lied about election workers Ruby Freeman and Shaye Moss, and Georgia governor Brian Kemp—a Republican—responded today to Trump’s promise of an “Irrefutable REPORT” by saying: “The 2020 election in Georgia was not stolen. For nearly three years now, anyone with evidence of fraud has failed to come forward—under oath—and prove anything in a court of law.”

But Trump, and now his supporters, rose to power on their construction of a virtual political reality—pushing the story that former secretary of state Hillary Clinton had tried to “bleach” an email server until Americans believed it, for example (while Trump’s own recent attempt to delete security-camera footage after it had been subpoenaed by a grand jury has largely flown under the radar)—and Trump and his supporters continued to double down on that false world first to keep him in power and now to return him to it.

Notably, in 2019, they tried to smear Democratic presidential candidate Joe Biden by pressuring newly elected Ukraine president Volodymyr Zelensky to announce an investigation into Biden’s son Hunter: not to conduct an investigation, but only to announce one because they knew that media coverage would convince a number of people that where there was smoke there must be fire.

That investigation continues in 2023, pushed by a new set of Trump supporters, but with what appears to be the same goal. There, too, actual testimony under oath, like that of Hunter Biden’s former business partner Devon Archer, belies all the hyperbolic language with which Republicans are accusing the Bidens of corruption, but in that case, flooding the zone with sh*t, as Trump media specialist Steven Bannon put it, is working.

In cases where it is less successful, they are deliberately tearing down public confidence in our system of justice, arguing that the decision of ordinary Americans on grand juries to indict the former president and his co-conspirators for trying to overturn the results of the 2020 presidential election is a sign that the Justice Department has been “weaponized” against MAGA Republicans.

But reality is reasserting itself, not just in courtrooms, but also in the country at large.

Six years ago today, on August 15, 2017, then-president Donald Trump made remarks at a news conference at Trump Tower. It was there that he made the statement that there “were very fine people on both sides” of the Unite the Right rally in Charlottesville, Virginia, a few days earlier. He and his supporters later denied he had said such a thing or claimed that it had been taken out of context, although the transcript is pretty clear.

But that was not what Trump was there to talk about that day. He was there to talk about infrastructure and a vision of the country’s economic future.

Trump promised that the Republican policy of slashing regulation, which had been central to the party since 1981 and went hand in hand with tax cuts, would mean “[w]e’re going to get infrastructure built quickly, inexpensively, relatively speaking and the permitting process will go very, very quickly…. No longer will we allow the infrastructure of our magnificent country to crumble and decay, while protecting the environment we will build gleaming new roads, bridges, railways, waterways, tunnels and highways,” he said.

Trump pledged: “We will rebuild our country with American workers, American iron, American aluminum, American steel. We will create millions of new jobs and make millions of American dreams come true. Our infrastructure will again be the best in the world…and we will restore the pride in our communities, our nation…. We want products made in the country…. You have to bring this work back to this country…. I want manufacturing to be back into [sic] the United States so that workers can benefit.”

And yet, that, too, was a fantasy. Trump’s policies did not deliver the economic revival he promised.

Instead, six years later, it is President Biden and Vice President Kamala Harris, who have delivered that revival. They reordered the nation’s economic policies away from supply-side economics back toward the economic policies that guided the nation from 1933 to 1981, and now are taking a victory lap for actually rebuilding infrastructure, creating manufacturing jobs, and bringing supply chains home by investing in ordinary Americans.

The Bipartisan Infrastructure Law, which passed in November 2021, is enabling workers to rebuild the country’s roads, bridges, railroads, and other hard infrastructure. The CHIPS and Science Act has brought supply chains home and spurred investment in the production of semiconductors. The Inflation Reduction Act, which Biden signed into law on August 16, 2022, has created a surge of more than 170,000 jobs in manufacturing and clean energy, doubling the numbers of manufacturing jobs in the year since it passed, as private investment has followed the law’s public investment.

Political theorists constructed political technology as a way to create a false world that would convince voters to elevate a strongman to power. It is not clear what happens when that false world is revealed to be illusory, as it increasingly has been with regard to Trump’s statements.

At the very least, it seems unlikely that his announcement of “a major News Conference” to reveal why all the charges against him should be dropped will be met with the attention such an announcement would have attracted even a few years ago.

Notes:

https://twitter.com/BrianKempGA/status/1691483026356678660

https://abc7ny.com/rudy-giuliani-trump-indictment-georgia-rico-act/13650310/

https://www.cnn.com/2023/07/26/politics/rudy-giuliani-georgia-election-workers/index.html

https://www.politico.com/story/2017/08/15/full-text-trump-comments-white-supremacists-alt-left-transcript-241662

https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/06/fact-sheet-the-bipartisan-infrastructure-deal/

https://www.wri.org/insights/inflation-reduction-act-anniversary-manufacturing-resurgence

https://www.nytimes.com/2023/08/04/us/politics/biden-devon-archer-testimony.html

https://oversight.house.gov/wp-content/uploads/2023/08/Devon-Archer-Transcript.pdf

https://www.thebulwark.com/the-charlottesville-hoax-hoax/

https://www.americanprogress.org/article/a-year-of-impact-the-anniversary-of-the-inflation-reduction-act/

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Published on August 15, 2023 22:29

August 14, 2023

It has been a day full of news, not all of which I will have the space to put into this letter. But before I get to the extraordinary news of tonight’s indictment of former president Trump and 18 others on 41 criminal counts, including racketeering, for their attempt to overturn the results of the 2020 presidential election, there are two other landmarks to record today.

First, a major legal victory for those combating climate change:

In 1972, after a century of mining, ranching, and farming had taken a toll on Montana, voters in that state added to their constitution an amendment saying that “[t]he state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations,” and that the state legislature must make rules to prevent the degradation of the environment. 

In March 2020 the nonprofit public interest law firm Our Children’s Trust filed a lawsuit on behalf of sixteen young Montana residents, arguing that the state’s support for coal, oil, and gas violated their constitutional rights because it created the pollution fueling climate change, thus depriving them of their right to a healthy environment. They pointed to a Montana law forbidding the state and its agents from taking the impact of greenhouse gas emissions or climate change into consideration in their environmental reviews, as well as the state’s fossil fuel–based state energy policy. 

That lawsuit is named Held v. Montana after the oldest plaintiff, Rikki Held, whose family’s 7,000-acre ranch was threatened by a dwindling water supply, and both the state and a number of officers of Montana. The state of Montana contested the lawsuit by denying that the burning of fossil fuels causes climate change—despite the scientific consensus that it does—and denied that Montana has experienced changing weather patterns. Through a spokesperson, the governor said: “We must focus on American innovation and ingenuity, not costly, expansive government mandates, to address our changing climate.”

Today, U.S. District Court Judge Kathy Seeley found for the young Montana residents, agreeing that they have “experienced past and ongoing injuries resulting from the State’s failure to consider [greenhouse gas emissions] and climate change, including injuries to their physical and mental health, homes and property, recreational, spiritual, and aesthetic interests, tribal and cultural traditions, economic security, and happiness.” She found that their “injuries will grow increasingly severe and irreversible without science-based actions to address climate change.”  

The plaintiffs sought an acknowledgement of the relationship of fossil fuels to climate change and a declaration that the state’s support for fossil fuel industries is unconstitutional. Such a declaration would create a foundation for other lawsuits in other states. 

Second, an unprecedented and dangerous situation in the U.S. military: Thanks to the hold by Senator Tommy Tuberville (R-AL, although the Washington Post’s Glenn Kessler pointed out a few days ago that Tuberville actually lives in Florida) on Senate-confirmed military promotions, the U.S. Navy today became the third branch of the U.S. armed forces, after the Army and the Marine Corps, without a confirmed leader. Tuberville Is holding more than 300 senior military positions empty, including the top posts in the Army, Navy, and Marine Corps. He claims he is doing this in opposition to the military’s abortion policy.

And finally, third: tonight, just before midnight, the state of Georgia indicted former president Donald J. Trump and 18 others for multiple crimes committed in that state as they tried to steal the 2020 presidential election. A special-purpose grand jury made up of citizens in Fulton County, Georgia, examined evidence and heard from 75 witnesses in the case, and issued a report in January that recommended indictments. A regular grand jury took the final report of the special grand jury into consideration and brought an indictment.  

“Trump and the other Defendants charged in this Indictment refused to accept that Trump lost” the 2020 presidential election, the indictment reads, ”and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump. That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states.” 

The indictment alleges that those involved in the “criminal enterprise” “constituted a criminal organization whose members and associates engaged in various related criminal activities including, but not limited to, false statements and writings, impersonating a public officer, forgery, filing false documents, influencing witnesses, computer theft, computer trespass, computer invasion of privacy, conspiracy to defraud the state, acts involving theft, and perjury.” 

That is, while claiming to investigate voter fraud, they allegedly committed election fraud. 

And that effort has run them afoul of a number of laws, including the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act, which is broader than federal anti-racketeering laws and carries a mandatory five-year prison term. 

Those charged fall into several categories. Trump allies who operated out of the White House include lawyers Rudy Giuliani (who recently conceded in a lawsuit that he lied about Georgia election workers Ruby Freeman and Shaye Moss having stuffed ballot boxes),  John Eastman, Kenneth Chesebro, Jeffrey Clark, Jenna Ellis, and Trump’s White House chief of staff Mark Meadows. 

Those operating in Georgia to push the scheme to manufacture a false slate of Trump electors to challenge the real Biden electors include lawyer Ray Stallings Smith III, who tried to sell the idea to legislators; Philadelphia political operative Michael Roman; former Georgia Republican chair David James Shafer, who led the fake elector meeting; and Shawn Micah Tresher Still, currently a state senator, who was the secretary of the fake elector meeting. 

Those trying to intimidate election worker and witness Ruby Freeman include Stephen Cliffgard Lee, a police chaplain from Illinois; Harrison William Prescott Floyd, executive director of Black Voices for Trump; and Trevian C. Kutti, a publicist for the rapper formerly known as Kanye West. 

Those allegedly stealing data from the voting systems in Coffee County, Georgia, and spreading it across the country in an attempt to find weaknesses in the systems that might have opened the way to fraud include Trump lawyer Sidney Powell; former Coffee County Republican Committee chair Cathleen Alston Latham; businessman Scott Graham Hall; and Coffee County election director Misty Hampton, also known as Emily Misty Hayes.  

The document also referred to 30 unindicted co-conspirators.

Trump has called the case against him in Georgia partisan and launched a series of attacks on Fulton County District Attorney Fani Willis. Today, Willis told a reporter who asked about Trump’s accusations of partisanship: “I make decisions in this office based on the facts and the law. The law is completely nonpartisan. That's how decisions are made in every case. To date, this office has indicted, since I’ve been sitting as the district attorney, over 12,000 cases. This is the eleventh RICO indictment. We follow the same process. We look at the facts. We look at the law. And we bring charges."

The defendants have until noon on August 25 to surrender themselves to authorities.

Notes:

https://www.umt.edu/montana-constitution/articles/article-ix/ix.1.php

https://www.nytimes.com/2023/03/24/climate/montana-youth-climate-lawsuit.html

https://static1.squarespace.com/static/571d109b04426270152febe0/t/64da53511de19d2889830a2c/1692029780262/08%3A14%3A23+Findings+of+Fact%2C+Conclusions+of+Law+and+Order.pdf

https://www.cnn.com/2023/08/14/politics/navy-cno-relinquishment-tuberville-holds/index.html

https://apnews.com/article/donald-trump-atlanta-georgia-presidential-elections-elections-a702f2ff710ef59dfa7f3215b233102b

https://www.washingtonpost.com/investigations/2022/10/28/coffee-county-election-voting-machines/

https://www.11alive.com/article/news/special-reports/ga-trump-investigation/georgia-trump-indictment-who-is-charged/85-9ea270ae-a82f-4c5f-917c-7a2ca7adf7b1

https://www.cnn.com/2023/07/26/politics/rudy-giuliani-georgia-election-workers/index.html

https://www.washingtonpost.com/politics/2023/08/10/tommy-tuberville-floridas-third-senator/

https://www.documentcloud.org/documents/23909543-23sc188947-criminal-indictment

https://www.newsweek.com/donald-trump-rico-georgia-charges-fani-willis-1818509

Twitter (X):

AccountableGOP/status/1691297149613424642?s=20

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Published on August 15, 2023 00:25

August 13, 2023

August 13, 2023

It has been rainy and foggy here for most of the summer, but Buddy caught this clear early morning a few weeks ago.

He captioned it “Headed out to the gold fields,” which seems to me to work in this beautiful spot even for those of us who don’t fish for a living.

I’m taking an early night. Will be back at it tomorrow. Once again, it bids fair to be a busy week.

[Photo by Buddy Poland.]

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Published on August 13, 2023 19:02

August 12, 2023

August 12, 2023

In Marion, Kansas, yesterday morning, four local police officers and three sheriff’s deputies raided the office of the Marion County Record newspaper; the home of its co-owners, Eric Meyer and his 98 year old mother, Joan Meyer; and the home of Marion vice mayor Ruth Herbel, 80. They seized computers, cell phones, and other equipment. Joan Meyer was unable to eat or sleep after the raid; she collapsed Saturday afternoon and died at her home.

The search warrant alleged there was probable cause to believe the newspaper, its owners, or the vice mayor had committed identity theft and unlawful computer acts against restaurant owner Kari Newell, but Magistrate Laura Viar appears to have issued that warrant without any affidavit of wrongdoing on which to base it. Sherman Smith, Sam Bailey, Rachel Mipro, and Tim Carpenter of the nonprofit news service Kansas Reflector reported that federal law protects journalists from search and seizure and requires law enforcement instead to subpoena materials they want.

On August 2, Newell had thrown Meyer and a Marion County Record reporter out of a meeting with U.S. Representative Jake LaTurner (R-KS), and the paper had run a story on the incident. Newell had complained on her personal Facebook page, 

On August 7, Newell publicly accused the newspaper of illegally getting information about a drunk-driving charge against her and giving it to Herbel. Eric Meyer says the information—which was accurate—was sent to him and Herbel over social media and that he decided not to publish it out of concerns it was leaked to help Newell’s estranged husband in divorce proceedings. Those same concerns made him take the story to local police. Newell accused the newspaper of violating her rights and called Meyer to accuse him of identity theft.

Meyer told journalist Marisa Kabas of The Handbasket that the paper was also investigating the new police chief for sexual misconduct, and he noted that the identities of people making those allegations are on the computers that got seized. “I may be paranoid that this has anything to do with it,” Meyer told Kabas, “but when people come and seize your computer, you tend to be a little paranoid.”  

On Friday, Newell wrote on her Facebook page: “Journalists have become the dirty politicians of today, twisting narrative for bias agendas, full of muddied half-truths…. We rarely get facts that aren’t baited with misleading insinuations.” 

Meyer worked at the Milwaukee Journal for 20 years and then taught journalism at the University of Illinois, retiring from there. He doesn’t take a salary from the Marion County Record. He told Kabas, “I’m doing this because I believe that newspapers still have a place in the world and that the worst thing that a newspaper could do was shrink its reporting staff, stop reporting, fill itself with non-news when there’s still news out there. And if you do a good job of providing news, you will get readers…. [W]e’re doing this because we care about the community.” 

He said he worries that people are afraid to participate in politics because “there’s gonna be consequences and they’re going to be negative.” 

The Marion County Record will sue the city and the individuals involved in the raid, which, the paper wrote in its coverage, “legal experts contacted were unanimous in saying violated multiple state and federal laws, including the U.S. Constitution, and multiple court rulings.” “Our first priority is to be able to publish next week,” Meyer said, “but we also want to make sure no other news organization is ever exposed to the Gestapo tactics we witnessed today. We will be seeking the maximum sanctions possible under law.” 

Executive director of the Kansas Press Association Emily Bradbury noted “An attack on a newspaper office through an illegal search is not just an infringement on the rights of journalists but an assault on the very foundation of democracy and the public’s right to know. This cannot be allowed to stand.”

Americans have taken up this cause before. In 1836 the House of Representatives passed a resolution preventing Congress from taking up any petition, memorial, resolution, proposition, or paper relating “in any way, or to any extent whatsoever, to the subject of slavery or the abolition of slavery.” This “gag rule” outraged antislavery northerners. Rather than quieting their objections to enslavement, they increased their discussion of slavery and stood firm on their right to those discussions. 

In that same year, newspaperman Elijah P. Lovejoy, who had been publishing antislavery articles in the St. Louis Observer, decided to move from the slave state of Missouri across the Mississippi River to Alton, Illinois. He suggested to his concerned neighbors that his residence in a free state would enable him to write more about religion than about slavery. But, he added in a statement to them, “As long as I am an American citizen, and as long as American blood runs in these veins, I shall hold myself at liberty to speak, to write and to publish whatever I please, being amenable to the laws of my country for the same.”

Lovejoy became a symbol of the freedom of the press.

When “a committee of five citizens” in Alton, appointed by “a public meeting,” asked Lovejoy if he intended to print sentiments to which they objected, he refused to “admit that the liberty of the press and freedom of speech, were rightfully subject to other supervision and control, than [the laws of] the land.” He reminded them that “‘the liberty of our forefathers has given us the liberty of speech,’ and that it is ‘our duty and high privilege, to act and speak on all questions touching this great commonwealth.’” “[E]very thing having a tendency to bring this right into jeopardy, is eminently dangerous as a precedent,” he said. 

Popular pressure had proved unable to make Lovejoy stop writing, and on August 21, 1837, a mob drove off the office staff of the Alton Observer by throwing rocks through the windows. Then, as soon as the staff had fled, the mob broke into the newspaper’s office and destroyed the press and all the type. 

On August 24, Lovejoy asked his supporters to help him buy another press. They did. But no sooner had it arrived than a gang of ten or twelve “ruffians” broke into the warehouse where it had been stored for the night and threw it into the river. 

When yet another press arrived in early November, Lovejoy had it placed in a warehouse on the riverbank. That night, about thirty men attacked the building, demanding the press be handed over to them. The men inside refused and fired into the crowd, wounding some of the attackers. The mob pulled back but then returned with ladders that enabled them to set fire to the building’s roof. When Lovejoy stepped out of the building to see where the attackers were hiding, a man shot him dead. As the rest of the men in the warehouse ran to safety, the mob rushed into the building and threw the press out of the window. It broke to pieces when it hit the shore, and the men threw the pieces into the Mississippi River.

But the story did not end there. Elijah Lovejoy’s younger brother, Owen, saw Elijah shot. "I shall never forsake the cause that has been sprinkled with my brother's blood," he declared. He and another brother wrote the Memoir of Elijah P. Lovejoy, impressing on readers the importance of what they called “liberty of the press” in the discussion of public issues. 

Owen then turned to politics, and in 1854 he was elected to the Illinois state legislature to stand against those southerners who had silenced his brother. The following year, voters elected him to Congress. His increasing prominence brought him political friends, including an up-and-coming lawyer who had arrived in Illinois from Kentucky by way of Indiana, Abraham Lincoln. 

Notes:

https://kansasreflector.com/2023/08/12/in-marion-county-newspaper-raid-a-grim-threat-to-kansans-first-amendment-rights/

http://marionrecord.com/direct/updated_illegal_raids_contribute_to_death_of_newspaper_co_owner+5447raid+555044415445443a20496c6c6567616c20726169647320636f6e7472696275746520746f20646

http://marionrecord.com/

https://kansasreflector.com/2023/08/11/police-stage-chilling-raid-on-marion-county-newspaper-seizing-computers-records-and-cellphones/

https://www.mcguirewoods.com/news-resources/publications/media.0101.pdf

The HandbasketA conversation with the newspaper owner raided by copsVery few stories these days take my breath away, but this one did the trick: Cops in Kansas raided the office of local newspaper the Marion County Record Friday morning because of a complaint by a local restaurant owner named Kari Newell. She was unhappy with the outlet’s reporting on how…Read more21 hours ago · 81 likes · 8 comments · Marisa Kabas

Joseph C. and Owen Lovejoy, Memoir of the Rev. Elijah P. Lovejoy; who was murdered in defence of liberty of the press,” (New York: John S. Taylor, 1838), at https://www.siue.edu/lovejoy-library/tas/Abbott_716.pdf

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Published on August 12, 2023 20:59

August 11, 2023

August 11, 2023

As I try to cover the news tonight, I am struck by how completely the Republican Party, which began in the 1850s as a noble endeavor to keep the United States government intact and to rebuild it to work for ordinary people, has devolved into a group of chaos agents feeding voters a fantasy world. 

The big news today was the hearing in Washington, D.C., where Department of Justice prosecutors argued for a protective order to stop former president Trump from intimidating witnesses and tainting the jury pool in the case against him for trying to stop the counting of electoral votes that would decide the 2020 presidential election. 

Trump appears to have given up on winning the cases against him on the legal merits and is instead trying to win by whipping up a political base to reelect him, or even to fight for him. He has filled his Truth Social account with unhinged rants attacking the justice system and the president, and on Sunday his lawyer, John Lauro, echoed Trump as he made a tour of the Sunday talk shows, misleadingly suggesting that Trump had been indicted for free speech. In fact, the indictment says up front that even Trump’s lies are protected by the First Amendment, but what isn’t protected is a conspiracy that stops an official proceeding and deprives the rest of us of our right to vote and to have our votes counted. 

A grand jury indicted Trump on August 1; when he was arraigned on August 3, the magistrate judge warned him that it is a crime to “influence a juror or try to threaten or bribe a witness or retaliate against anyone" connected to the case. Trump said he understood. 

The next day, he posted on Truth Social: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” 

Justice Department lawyers promptly sought a protective order to limit what information Trump and his lawyers can release. Trump has a longstanding pattern of releasing misleading information to bolster his position among his base, and lawyers are concerned that he will continue to intimidate witnesses and try to taint the jury pool in hopes of getting the trial venue moved.

Days later, Trump told an audience in New Hampshire that he would not stop talking about the case, and called Special Counsel Jack Smith a “thug” and “deranged.” He has continued to post such messages on social media.

U.S. District Judge Tanya Chutkan reinforced that Trump’s focus on politics had no relevance in her court of law. Justice reporter for NBC News Ryan Reilly noted: “The word of the Trump hearing today: yield. Came up six times, as in: ‘the fact that he's running a political campaign currently has to yield to the orderly administration of justice.’”

Chutkan agreed to the protective order but agreed with Trump’s team that it would not include any material already in the public domain. She also prohibited Trump from reviewing materials with “any device capable of photocopying, recording, or otherwise replicating the Sensitive Materials, including a smart cellular device.”

Finally, she warned Trump’s lawyers: “I caution you and your client to take special care in your public statements in this case…. I will take whatever measures are necessary to protect the integrity of these proceedings.” If Trump repeats “inflammatory” statements, she said, she will have to speed up his trial to protect witnesses and keep the jury pool untainted.

Just what that might mean was illustrated today when a judge revoked the bail of former FTX cryptocurrency chief executive officer Sam Bankman-Fried for witness tampering and sent him to jail. Prosecutors say Bankman-Fried was leaking the private diary entries of his former girlfriend to the New York Times to discredit her testimony against him.

In Ohio, where voters on Tuesday overwhelmingly rejected the attempt of the Republicans in the legislature to stop a November vote on an amendment to the state constitution protecting abortion rights, Republicans tried to stop the inclusion of that amendment by challenging its form. Today the Ohio Supreme Court unanimously rejected that lawsuit. The proposed amendment will be on the ballot in November. 

After demanding that David Weiss, the U.S. attorney in charge of investigating and charging Hunter Biden, be named a special counsel and then charging that Weiss had asked for and been denied that status—both he and Attorney General Merrick Garland denied that allegation—Republicans are now angry that Garland today gave Weiss that status. 

Weiss requested that status for the first time earlier this week, and Garland granted it, although both Weiss and Garland had previously said Weiss had all the authority that status carries. Now House Republicans say appointing Weiss a special counsel is an attempt to obstruct Congress from investigating the Bidens. For all that Republicans are in front of the cameras every day insisting President Biden is corrupt, there is no evidence that President Biden has been party to any wrongdoing.

One of the things such behavior accomplishes is to distract from the party’s own troubles, including the inability of House Republicans to agree to measures to fund the government after September. Far-right extremists are still angry at the spending levels to which House speaker Kevin McCarthy (R-CA) agreed in a deal to raise the debt ceiling last June, and are threatening to refuse to agree to any funding measures until they get cuts that the Senate will never accept. 

The House left for its August break after passing only one of the twelve bills it needs to pass, and when it gets back, it will have only twelve work days before the September 30 deadline. This chaos takes a toll: when the Fitch rating system downgraded the U.S. long-term rating last week, the first reason it cited was “a steady deterioration in standards of governance.” It explained: “The repeated debt-limit political standoffs and last-minute resolutions have eroded confidence in fiscal management.” 

Another thing this chaos does is convince individuals that the entire government is corrupt. On Wednesday, as Biden was to visit Utah, FBI agents shot and killed an armed man there who made threats against him, Vice President Kamala Harris, and other officials who have been associated with Trump’s legal troubles: Attorney General Garland, Manhattan district attorney Alvin Bragg, and New York attorney general Letitia James. Craig Deleeuw Robertson described himself as a “MAGA Trumper.”

It seems we are reaping the fruits of the political system planted in 1968, when the staff of Republican presidential candidate Richard Nixon reworked American politics to package their leader for the election. “Voters are basically lazy,” one of Nixon’s media advisors wrote. “Reason requires a high degree of discipline, of concentration; impression is easier. Reason pushes the viewer back, it assaults him, it demands that he agree or disagree; impression can envelop him, invite him in, without making an intellectual demand…. When we argue with him, we…seek to engage his intellect…. The emotions are more easily roused, closer to the surface, more malleable.”

The confusion also takes up so much oxygen it’s hard for the Democrats, who are actually trying to govern in the usual ways, to get any attention. Today was the one-year anniversary of the PACT Act, officially known as the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022. The law improves access to healthcare and funding for veterans who were exposed to burn pits, the military’s waste disposal method for everything from tires to chemicals and jet fuel from the 1990s into the new century. 

According to Senator Dick Durbin (D-IL), the PACT Act has already enabled more than 4 million veterans to be screened for toxic exposure, more than 744,000 PACT Act claims have been filed, and hundreds of thousands of veterans have been approved for expanded benefits.

Biden spoke in Utah about the government’s protections for veterans and why they’re important. In addition to the PACT Act, he talked about his recent executive order moving the authority for addressing claims of sexual assault, domestic violence, child abuse, and murder outside the chain of command to a specialized independent military unit—a move long championed by survivors and members of Congress.  

Today the White House released a detailed explanation of “Bidenomics” along with resources explaining why the administration has focused on certain areas for public investment and how the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act have supported that investment. That collection explains why the administration is overturning forty years of political economy to return to the system on which the U.S. relied from 1933 to 1981, and yet it got far less traction than the fight over the protective order designed to keep Trump from attacking witnesses.

Notes:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.28.0_5.pdf

https://www.democracydocket.com/wp-content/uploads/2023/08/2023-ohio-2786.pdf

https://www.npr.org/2023/08/03/1191901829/trump-indictment-arraignment-news

https://www.pbs.org/newshour/politics/doj-seeks-protective-order-after-trump-publishes-post-appearing-to-promise-revenge

https://apnews.com/article/donald-trump-indictment-campaign-election-interference-11cc4d1015c36e6ba078c00805d99838

https://www.nytimes.com/2023/08/11/us/politics/trump-judge-protective-order.html

https://www.pbs.org/newshour/politics/judge-largely-sides-with-trump-defense-on-protective-order-in-2020-election-case

https://www.npr.org/2023/08/11/1191362886/ftx-sam-bankman-fried-sbf-crypto-fraud

https://www.msnbc.com/opinion/msnbc-opinion/trump-lawyer-john-lauro-indictment-defense-rcna98509

https://www.politico.com/interactives/2023/trump-criminal-investigations-cases-tracker-list/#jan-six

https://www.cornyn.senate.gov/wp-content/uploads/2022/09/Hunter-Biden-Special-Counsel-Letter-FINAL-2.pdf

https://miller.house.gov/sites/evo-subsites/miller.house.gov/files/evo-media-document/Letter%20to%20AG%20Garland%20RE%20Hunter%20Biden[1].pdf

https://thehill.com/homenews/house/4149061-house-gop-blasts-appointment-of-hunter-biden-special-counsel/

https://thehill.com/regulation/court-battles/4149931-hunter-biden-attorney-on-special-counsel-david-weiss/

https://www.fitchratings.com/research/sovereigns/fitch-downgrades-united-states-long-term-ratings-to-aa-from-aaa-outlook-stable-01-08-2023

https://www.politico.com/minutes/congress/08-11-2023/gop-funding-meeting/

https://apnews.com/article/utah-biden-fbi-assassination-threat-f9b31d6cd8e432870e4f8949cdb45b92

https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/08/10/remarks-by-president-biden-on-the-one-year-anniversary-of-the-pact-act-salt-lake-city-ut/

https://www.cnn.com/2023/07/28/politics/biden-executive-order-sexual-assault-military/index.ht

https://talkingpointsmemo.com/edblog/more-details-on-guy-who-threatened-to-assassinate-biden

https://www.politico.com/news/2023/08/11/judge-warns-trump-speed-trial-00110870

ml

Joe McGinnis, The Selling of the President, 1968 (London: Andre Deutsch, 1970), pp. 36, 41–45.

https://www.whitehouse.gov/briefing-room/blog/2023/08/11/iia-resources/

https://www.washingtonpost.com/politics/2023/08/09/comer-biden-analysis/

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Published on August 11, 2023 23:35

August 10, 2023

August 10, 2023

“Good Lord, Who Among Us Hasn’t Paid For A Clarence Thomas Vacation?” David Kurtz of Talking Points Memo asked this morning. Kurtz was reacting to a new piece by Brett Murphy and Alex Mierjeski in ProPublica detailing Justice Thomas’s leisure activities and the benefactors who underwrote them. 

Those activities include “[a]t least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast.” The authors add that this “is almost certainly an undercount.”

Thomas did not disclose these gifts, as ethics specialists say he should have done. House Democrats Ted Lieu (D-CA), Pramila Jayapal (D-WA), Bill Pascrell (D-NJ), Gerry Connolly (D-VA), and Hank Johnson (D-GA) have said Thomas must resign. Senator Sheldon Whitehouse (D-RI), who has led the effort to extricate the Supreme Court from very wealthy interests for years, commented: “I said it would get worse; it will keep getting worse.”

Thomas’s benefactors, Murphy and Mierjeski noted, “share the ideology that drives his jurisprudence.” That ideology made Trump lawyer Kenneth Chesebro, who has been in the news for the release of his December 6, 2020, memo outlining how to steal the 2020 presidential election, speculate that Thomas was the Supreme Court justice the plotters could count on to back their coup. “Realistically,” Chesebro wrote to lawyer John Eastman, “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress, is from Thomas—do you agree, Prof. Eastman?” 

Last Saturday, Republican leaders in Alabama illustrated that their ideology means they reject democracy. After the Supreme Court agreed that the congressional districting map lawmakers put in place after the 2020 census probably violated the 1965 Voting Rights Act, a lower court ruling that required a new map went into effect. But Alabama Republican lawmakers simply refused. 

Alexander Willis of the Alabama Daily News reported that at a meeting of the Alabama state Republican Party on Saturday, the party’s legal counsel David Bowsher applauded the lawmakers, saying, “House Speaker [Kevin] McCarthy doesn’t have that big a margin, that costs him one seat right there. I can’t tell you we’re going to win in this fight; we’ve got a Supreme Court that surprised the living daylights out of me when they handed down this decision, but I can guarantee you, if the Legislature hadn’t done that, we lose.”

Paul Reynolds, the national committeeman of the party, went on: “Let me scare you a little bit more; Texas has between five and ten congressmen that are Republicans that could shift the other way,” he continued. “How could we win the House back ever again if we’re talking about losing two in Louisiana, and losing five to ten in Texas? The answer’s simple: It’s never.”

Alabama attorney general Steve Marshall added: “Let’s make it clear, we elect a Legislature to reflect the values of the people that they represent, and I don’t think anybody in this room wanted this Legislature to adopt two districts that were going to guarantee that two Democrats would be elected…. What we believe fully is that we just live in a red state with conservative people, and that’s who the candidates of Alabama want to be able to elect going forward.”

The determination of Republican officials to hold onto power even though they appear to know they are in a minority is part of what drove even Republican voters in Ohio to reject their proposal to require 60% of voters, rather than a simple majority, to approve changes in the state constitution. 

Meanwhile, today’s July consumer price index report showed that annual inflation has fallen by about two thirds since last summer, a better-than-expected number suggesting that measures to cool the economy are working without hurting the economy. Real wages have outpaced inflation for the last five months, and unemployment is at a low the U.S. hasn’t seen since 1969. 

At the same time, the country is ending one of the last pieces of the social safety net put in place during Covid: the rule that people on Medicaid could remain covered without renewing their coverage each year. That rule ended in April, and states are purging their Medicaid rolls of those who they say no longer qualify. In the last three months, 4 million people have lost their Medicaid coverage, mostly because of paperwork problems. (Texas dropped an eye-popping 52% of beneficiaries due for renewal in May.) 

Biden officials have tried to pressure states quietly to fix the errors—including long waits to get phone calls answered and slow processing of applications, as well as paperwork errors—but yesterday released letters it had sent to individual states to warn them they might be violating federal law. Thirty-six states did not meet federal requirements.

Notes:

https://talkingpointsmemo.com/morning-memo/clarence-thomas-free-vacations

https://www.propublica.org/article/clarence-thomas-other-billionaires-sokol-huizenga-novelly-supreme-court

https://www.politico.com/news/2023/08/10/propublica-clarence-thomas-supreme-court-00110654

https://www.politico.com/f/?id=00000189-db17-db28-a589-dfd7b1100000

https://aldailynews.com/alabama-republicans-frame-redistricting-case-as-threat-to-political-power/

https://www.cnbc.com/2023/08/10/cpi-inflation-july-2023-.html

https://www.politico.com/news/2023/08/09/bidens-health-care-wins-undone-medicaid-00110389

https://www.medicaid.gov/resources-for-states/coronavirus-disease-2019-covid-19/unwinding-and-returning-regular-operations-after-covid-19/state-letters/index.html

https://www.politico.com/news/2023/08/10/biden-administration-states-medicaid-00110686

https://www.medicaid.gov/sites/default/files/2023-08/ar-may-2023-unwinding-data-ltr.pdf

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Published on August 10, 2023 20:38

August 9, 2023

August 9, 2023

New York Times journalists Maggie Haberman, Charlie Savage, and Luke Broadwater yesterday reported that in a memo dated December 6, 2020, Trump lawyer Kenneth Chesebro laid out a plan to overturn the results of the 2020 presidential election that he acknowledged was “a bold, controversial strategy” that he believed the Supreme Court would “likely” reject. 

Still, he presented the plan—while apparently trying to distance himself from it by writing “I’m not necessarily advising this course of action”—because he thought it “would guarantee that public attention would be riveted on the evidence of electoral abuses by the Democrats, and would also buy the Trump campaign more time to win litigation that would deprive Biden of electoral votes and/or add to Trump’s column.”  

The plan was essentially what the Trump campaign ultimately tried to pursue. It called for Trump-Pence electors in six swing states Biden had won to meet and vote for Trump, and then to make sure that in each of those states there was a lawsuit underway that “might plausibly” call into question Biden’s victory there. Then, Vice President Mike Pence would take the position that he had the power not simply to open the votes but also to count them, and that the 1887 Electoral Count Act that clarified those procedures was unconstitutional. 

Key to selling this strategy, Chesebro wrote, was messaging that constructing two slates of electors was “routine,” and he laid out a strategy of taking events and statements out of context to suggest support for that messaging. 

This was, of course, a plan to deprive American voters of their right to have their votes counted, as the federal grand jury’s recent indictment of former president Trump charged, but Chesebro concluded: “it seems advisable for the campaign to seriously consider this course of action and, if adopted, to carefully plan related messaging.” 

Three days later, Chesebro wrote specific instructions to create those fraudulent electors, and they were off to the races. 

Chesebro is identified as Co-Conspirator 5 in the grand jury’s recent indictment of Trump. 

It is an astonishing thing to read this memo today. 

Forty-nine years ago, on August 9, 1974, President Richard Nixon wrote one line to Secretary of State Henry Kissinger: “I hereby resign the Office of President of the United States.” In late July the House Judiciary Committee had voted to recommend articles of impeachment against the president for obstruction of justice, abuse of power, and contempt of Congress for his attempt to cover up the involvement of his people in the June 1972 burglary of the Democratic National Committee headquarters at the Watergate Hotel in Washington, D.C.

The Watergate break-in was part of the Nixon campaign’s attempt to rig the 1972 election, in this case by bugging the Democrats’ headquarters, and Republicans wanted no part of it. When the White House produced a “smoking gun” tape on August 5, revealing that Nixon had been in on the cover-up since June 23, 1972—and implying that he had been in on the bugging itself—those Republicans who had been defending Nixon abandoned him. 

On the night of August 7, 1974, a group of Republican lawmakers led by Arizona senator Barry Goldwater met with Nixon in the Oval Office and told him that the House as a whole would vote to impeach him and the Senate would vote to convict. Nixon decided to step down.

Although Nixon did not admit any guilt, maintaining he was resigning only because the time it would take to vindicate himself would distract from his presidential duties, his replacement, Gerald R. Ford, granted “a full, free, and absolute pardon” to Nixon “for all offenses against the United States which he…has committed or may have committed or taken part in during the period from January 20, 1969, through August 9, 1974.”

Ford said that the trial of a former president would “cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.”

Only fifteen years later, the expectation that a president would not be prosecuted came into play again when members of President Ronald Reagan’s National Security Council ignored Congress’s 1985 prohibition on aid to the Nicaraguan Contras who were fighting against the socialist Nicaraguan government. The administration illegally sold arms to Iran and funneled the profits to the Contras. 

When the story of the Iran-Contra affair broke in November 1986, government officials continued to break the law, shredding documents that Congress had subpoenaed. After fourteen administration officials were indicted and eleven convicted, the next president, George H. W. Bush, who had been Reagan’s vice president, pardoned them on the advice of his attorney general William Barr. (Yes, that William Barr.)

The independent prosecutor in the case, Lawrence Walsh, worried that the pardons weakened American democracy. They “undermine…the principle…that no man is above the law,” he said. Pardoning high-ranking officials “demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences.” 

Walsh’s warning seems to be coming to life. The Republican Party now stands behind a man whose legal troubles currently include indictment on 40 counts for taking and hiding classified national security documents and on four counts of trying to steal an election in order to stay in power. 

Notes:

https://int.nyt.com/data/documenttools/chesebro-dec-6-memo/ce55d6abd79c2c71/full.pdf

https://www.nytimes.com/2022/02/02/us/politics/trump-jan-6-memos.html

https://www.fordlibrarymuseum.gov/library/speeches/740061.asp

“Text of Walsh Response to Bush Pardon,” Los Angeles Times, December 25, 1992.

https://www.cnn.com/interactive/2023/07/politics/trump-indictments-criminal-cases/

https://www.politico.com/news/2023/08/09/ken-chesebro-memos-trump-coconspirator-00110458

https://www.nytimes.com/2023/08/08/us/politics/trump-indictment-fake-electors-memo.html

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Published on August 09, 2023 20:07

August 8, 2023

Hi Folks:

Substack was down when I finished last night, and after waiting until 4:00 to see if it would come back, I gave up and went to bed. Just awake now and sending. Sorry about that— I couldn’t think of a way to let you know what the issue was. In the future, if you’re worried about me, check Facebook, where I did post this last night. Guessing that both of these sites won’t go down at the same time (although that assertion probably guaranteed they will!).

H.

As he designated the new Baaj Nwaavjo I’tah Kukveni–Ancestral Footprints of the Grand Canyon National Monument today, President Biden explained that protecting the approximately 1,552 square miles—4,046 square kilometers, or almost a million acres—of land to the north and south of the Grand Canyon “is good not only for Arizona, but for the planet. It’s good for the economy. It’s good for the soul of the nation. And I believe…in my core it’s the right thing to do.” 

His administration has been pursuing the promise he made when he first took office to protect 30% of all the nation’s lands and waters by 2030. He noted that the administration has protected 9 million acres in Alaska, 225,000 acres in Minnesota, 50,000 acres in Colorado, 500,000 acres in Nevada, and 6,600 acres in Texas. It has restored protections for three national monuments the previous administration had gutted: Grand Staircase–Escalante and Bears Ears in Utah and Northeast Canyons and Seamounts off the New England coast. Interior Secretary Deb Haaland is working on creating a maritime sanctuary by protecting 770,000 square miles in the Pacific Ocean southwest of Hawaii. 

The administration is also, he said, honoring his commitment “to prioritize respect for the Tribal sovereignty and self-determination, to honor the solemn promises the United States made to Tribal nations to fulfill federal trust and treaty obligations.” The protected land is home to 3,000 cliff houses, cave paintings, and other Indigenous cultural sites. Biden explained that the land being protected and the land already protected as the Grand Canyon National Monument had been Indigenous homelands. 

Tribes had been excluded from those lands and have worked to protect the lands and waters there from the aftershocks of development, for example, cleaning up abandoned mines. The Bipartisan Infrastructure Law included funding to clean up such industrial pollution in the region, including the abandoned oil wells that leak toxic gases into the air and hazardous chemicals into the water. That work is underway. 

Biden suggested this designation was also part of the administration’s effort to address climate change, calling out the historic investments in that effort funded by the Inflation Reduction Act, a claim that might well resonate in a state that has seen temperatures of more than 110 degrees Fahrenheit (43 Celsius) in Phoenix for 31 straight days. 

According to the White House proclamation on the establishment of the new monument: “The natural and cultural objects of the lands have historic and scientific value that is unique, rich, and well-documented.”  By creating the monument, Biden said, “we’re setting aside new spaces for families to hike, bike, hunt, fish, and camp—growing the tourism economy that already accounts for 11 percent of all Arizona jobs.”

But Republican leaders and uranium mining interests opposed the designation of the new monument because it will stop the development of new mines to access the approximately 1.3% of the nation’s known uranium reserves that lie inside the monument. While the two mines already operating in the monument are grandfathered in and other reserves are elsewhere, mining interests in Arizona wanted new development. They claim the uranium in the area, which could be used in nuclear reactors, is vital to U.S. security. 

Science reporter Justine Calma of The Verge explained today that past uranium mining left 500 abandoned mines on Navajo Nation land and that pollution from the mines has been linked to life-threatening illnesses among children there. 

In a letter to Biden, Haaland, and the heads of the Bureau of Land Management and of the U.S. Forest Service, House Republicans Bruce Westerman of Arkansas, chair of the Committee on Natural Resources, and committee member Paul Gosar of Arizona called the new designation “another strident abuse of the Antiquities Act” and demanded documents justifying the decision to put the area’s uranium out of developers’ reach.

In Ohio’s important election today, voters rejected the attempt of the Republican-dominated legislature to strengthen minority rule in the state by making it harder for a political majority to change the constitution. High turnout resulted in a vote whose unofficial count was about 57% against and about 43% in favor. Even key Republican districts voted against the measure.

For more than a century, Ohio voters have been able to put a constitutional amendment on the ballot so long as they get a certain number of signatures, and the amendment passes if it gets more than 50% of the vote. But the overturning of the 1973 Roe v. Wade decision in June 2022 sparked a strong backlash across the country. In Ohio, abortion rights activists began to collect signatures to get a constitutional amendment on the ballot in November, and it was clear they would succeed (in July they submitted 70% more signatures than they needed). 

So in May, Ohio Republican legislators set a special election in August to require more signatures to get a constitutional amendment on the ballot and a threshold of 60% of the vote, rather than a simple majority, for the amendment to pass. That’s a very high bar, although, ironically, two amendments that tried to stop political gerrymandering—the practice that has given Republicans a supermajority in the state legislature—passed with about 75% of voters…and the Republicans ignored them. 

Only last December the legislature ended most August elections because the traditionally low turnout made it easy for special interests to win by flooding the state with advertising money to energize a small base.

Although the position of secretary of state is supposed to be nonpartisan because the office oversees the state’s elections and appoints every county’s election board, Ohio’s Republican secretary of state, Frank LaRose, said: “This is 100% about keeping a radical pro-abortion amendment out of our constitution.” 

But the implications of making it harder for voters to change laws stretched beyond Ohio. As pro-choice ballot initiatives keep winning, Republican-dominated legislatures across the country are trying to make it harder for citizens to use ballot initiatives. Republican attempts to stop voters from challenging their policies, especially in states where gerrymandering has given them far more seats in the legislature than would accurately represent their support, will echo beyond the issue of abortion to any policy voters would like to challenge. 

A former chief justice of the Ohio Supreme Court, Republican Maureen O’Connor, told Sam Levine of The Guardian that the proposed measure “absolutely is minority rule…. If you get 59.9% of a vote that says yes, 40.1% can say no. This is the way it’s gonna be. We can thwart the effort of the majority of Ohioans that vote. And that’s not American.”

Notes:

https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/08/08/remarks-by-president-biden-on-the-inflation-reduction-act/

https://apnews.com/article/grand-canyon-national-monument-biden-9382960f18408dce7aec52f103404e11

https://www.whitehouse.gov/briefing-room/presidential-actions/2023/08/08/a-proclamation-on-establishment-of-the-baaj-nwaavjo-itah-kukveni-ancestral-footprints-of-the-grand-canyon-national-monument/

https://www.theverge.com/2023/8/8/23824490/joe-biden-new-national-monument-grand-canyon-uranium-mine

https://subscriber.politicopro.com/eenews/f/eenews/?id=00000189-d5db-d1b8-adff-f5dfcac90000

https://www.statenews.org/government-politics/2023-07-05/abortion-rights-supporters-file-signatures-to-get-amendment-to-ohio-voters-in-november

https://wysu.org/ohio-news/2023-06-06/larose-says-issue-1-is-100-about-stopping-possible-abortion-amendment

https://www.washingtonpost.com/politics/2023/08/08/ohio-election-issue-1-abortion/

https://www.cnn.com/2023/08/08/politics/ohio-special-election/index.html

https://www.news5cleveland.com/news/politics/ohio-politics/ohio-sec-of-state-larose-admits-move-to-make-constitution-harder-to-amend-is-100-about-abortion

https://www.nytimes.com/2023/08/08/us/ohio-election-issue-1-results.html

https://www.nytimes.com/2023/08/08/us/ohio-referendum-constitution-abortion.html

https://www.dispatch.com/story/news/politics/2023/08/08/ohio-issue-1-special-electionresults-voters-decide-tuesday-on-august-8-ballot-issue/70487461007/

https://www.theguardian.com/us-news/2023/aug/06/ohio-issue-1-vote-democracy-future-republicans

https://www.theguardian.com/commentisfree/2023/aug/08/republicans-ohio-vote-abortion-constitution

https://www.washingtonpost.com/opinions/2023/08/08/ohio-referendum-abortion-republicans/

https://www.theguardian.com/environment/2021/oct/08/biden-bears-ears-national-monument-grand-staircase-escalante

https://www.ohiosos.gov/secretary-office/duties-responsibilities/

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Published on August 09, 2023 06:27

August 7, 2023

August 7, 2023

Things feel unsettled these days, partly because of chop in the prosecutorial waters surrounding the actions of former president Trump, partly because of changes in the U.S. economy, partly because of turmoil brought by climate change, and partly because of what appears to be the instability of a global realignment. This realignment has been forced by Russia’s 2022 invasion of Ukraine and the global effort to stand against that aggression.

Over the weekend, on August 5 and 6, representatives of 40 countries met in Jeddah, Saudi Arabia, to explore the contours of peace between Ukraine and Russia. Russia was not invited to the meeting, but all the other members of BRICS (the economic organization made up of Brazil, Russia, India, China, and South Africa) attended, illustrating Russia’s increasing isolation. 

In February 2022, just before Russia invaded Ukraine, China and Russia pledged a “friendship without limits.” But that friendship appears to have frayed as what Russia seemed to think would be a quick land grab has stretched on for almost a year and half, straining Russia’s resources and isolating it from the global community. China sent its special envoy for Eurasian affairs and former ambassador to Russia, Li Hui, to the talks in Saudi Arabia.

Reporting on the weekend’s meeting, the Institute for the Study of War (ISW) reported that China’s “increasing misalignment with Russia on any settlement to end the war in Ukraine was…evident at the talks.” It noted the observation of the Financial Times that Chinese representatives were “keen to show that [China] is not Russia,” and that Russia appears to be more and more isolated from other nations. The ISW assesses that “China is not fully aligned with Russia on the issue of Ukraine and that Russia and China’s relationship is not a ‘no limits partnership’ as the Kremlin desires.”

Laurie Chen and Martin Quin Pollard of Reuters reported yesterday that China’s willingness to attend the talks in Saudi Arabia after declining to join earlier talks in Denmark likely indicates a recognition that it should participate in credible peace initiatives. Shen Dingli, an international relations scholar based in Shanghai, said that Russia is “bound to be defeated,” so China must try to cooperate with other nations without speeding Russia’s collapse.

Bloomberg noted that increasing tensions between China and Russia do not indicate a rift between the two countries so much as a way to create some space between the two. In a phone call today with Russian foreign minister Sergei Lavrov, Chinese foreign minister Wang Yi reaffirmed that the nations are “good partners.”

Ukraine’s request for the meeting in Saudi Arabia seemed designed to isolate Russia further, as Ukraine president Volodymyr Zelensky made the case that the terms on which he is demanding any peace be based on universal principles behind which other nations can unite. 

Russia has continued its attack on Ukrainian grain supplies, damaging another 40,000 tons of grain destined for Africa, China, and Israel on August 2. Meanwhile, the Ukrainian counteroffensive continues, although it is advancing more slowly than Ukrainian officials had hoped.

China has its own issues with the global community. Ellen Nakashima of the Washington Post reported today that since 2020, Chinese operatives have penetrated Japan’s defense networks in one of the most damaging hacks of Japan’s modern history. And Italy, which in 2019 was the only major western economy supporting China’s Belt and Road Initiative to tie together world markets and boost trade between China and Asia, Europe, the Middle East, and North Africa, is now planning to pull back from the project. 

On Sunday, Italian defense minister Guido Crosetto told a newspaper that signing the deal was “an improvised and atrocious act…. We exported a load of oranges to China; they tripled exports to Italy in three years.” An expert on Italian relations with China says Italy wants to demonstrate a close alignment with “the U.S., Western camp” while keeping a stable relationship with China. 

World affairs have shifted since Russia’s invasion of Ukraine.

Notes:

https://www.barrons.com/news/russian-strike-damaged-40-000-tonnes-of-grain-kyiv-26e0ae2d

https://www.understandingwar.org/backgrounder/russian-offensive-campaign-assessment-august-7-2023

https://www.nytimes.com/2023/08/05/world/europe/ukraine-war-saudi-arabia-russia.html

https://www.cnn.com/2023/08/07/middleeast/saudi-arabia-ukraine-talks-china-mime-intl/index.html

https://www.washingtonpost.com/national-security/2023/08/07/china-japan-hack-pentagon/

https://www.nbcnews.com/news/china/belt-road-initiative-china-plans-1-trillion-new-silk-road-n757756

https://www.reuters.cs eeom/world/chinas-ukraine-peace-talks-gambit-shows-shifts-amid-hard-realities-2023-08-06/

https://www.nbcnews.com/news/world/italy-suggests-exit-chinas-belt-road-shift-us-rcna97230

https://www.bloomberg.com/news/articles/2023-08-07/china-s-viral-rebuke-of-russia-doesn-t-mean-xi-is-ditching-putin#xj4y7vzkg

https://www.scmp.com/news/world/russia-central-asia/article/3230315/chinas-wang-yi-and-russias-sergey-lavrov-discuss-ukraine-after-saudi-peace-talks-held-without-moscow

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Published on August 07, 2023 22:42

August 6, 2023

August 6, 2023

On August 6, 1880, Republican presidential candidate James A. Garfield gave one of his most famous speeches. Then a congressional representative from Ohio, Garfield was in New York City to make peace with Roscoe Conkling, a Republican kingmaker who hated him and his insistence on clean government.

In the evening, Garfield spoke to a crowd of well-wishers, made up in large part of men who had fought in the Civil War, as Garfield had. The one-time college professor spoke directly to the “Boys in Blue,” telling them “how great a thing it is to live in this Union and be a part of it.” He told them that they, the soldiers of the Civil War, represented the same ideas of union embraced by the men who framed the Constitution.

“Gentlemen,” said Garfield to great applause, “ideas outlive men; ideas outlive all earthly things. You who fought in the war for the Union fought for immortal ideas, and by their might you crowned the war with victory. But victory was worth nothing except for the truths that were under it, in it, and above it. We meet to-night as comrades to stand guard around the sacred truths for which we fought. And while we have life to meet and grasp the hand of a comrade, we will stand by the great truths of the war.”

In 1880, four years after unreconstructed southern Democrats had taken control of all the former Confederate states and cemented the process of taking the vote away from Black men, Garfield promised that “we will remember our allies who fought with us.” He explained: “Soon after the great struggle began, we looked behind the army of white rebels, and saw 4,000,000 of black people condemned to toil as slaves for our enemies; and we found that the hearts of these 4,000,000 were God-inspired with the spirit of liberty, and that they were all our friends.”

As the crowd applauded, he continued: “We have seen white men betray the flag and fight to kill the Union; but in all that long, dreary war we never saw a traitor in a black skin.” To great cheers, he went on: “Our comrades escaping from the starvation of prison, fleeing to our lines by the light of the North star, never feared to enter the black man's cabin and ask for bread.” “That’s so!” yelled a man in the crowd. “In all that period of suffering and danger, no Union soldier was ever betrayed by a black man or woman.”

“[S]o long as we live we will stand by these black allies,” Garfield said. “We will stand by them until the sun of liberty, fixed in the firmament of our Constitution, shall shine with equal ray upon every man, black or white, throughout the Union. Fellow-citizens, fellow-soldiers, in this there is the beneficence of eternal justice, and by it we will stand forever….” To wild cheers, Garfield concluded: “[T]he Republic rises on the glorious achievements of its dead and living heroes to a higher and nobler national life. We must stand guard over our past as soldiers, and over our country as the common heritage of all.”

In an era in which the smart money said the Democrats, with their promise to overturn the Reconstruction laws that established a legal framework for racial equality, would win the 1880 election, Garfield squeaked into the White House.

But he did not live long enough to put his vision into law. After his death, the Republican Party slid away from the protection of equal rights, focusing instead on protecting big business, its leaders looking the other way as state laws increasingly kept Black Americans and immigrants from voting so long as that same focus on state power prevented national regulation of business.

But those who believed in civil rights never gave up. In 1909 the National Association for the Advancement of Colored People (NAACP) organized “to promote equality of rights and eradicate caste or race prejudice among citizens of the United States,” and worked to secure “complete equality before the law,” including voting rights.

NAACP members publicized racial atrocities and insisted that authorities enforce the laws already on the books. By the 1960s, those protecting Black rights ramped up their efforts to register voters and to organize communities to support political change. When voter registration workers disappeared during the “Freedom Summer” of 1964, popular anger at their disappearance gave Democratic president Lyndon Baines Johnson leverage to pressure Congress to act. It passed the Civil Rights Act of 1964, in part to make it easier to vote.

After voters put Johnson back into the White House in November 1964, voting rights activists stepped up their efforts. In Selma, Alabama, where the voting rolls were 99% white even though Black Americans outnumbered white Americans, law enforcement officers harassed activists. After officers beat and shot an unarmed man marching for voting rights in a town near Selma, Black leaders planned a march from Selma to the state capitol at Montgomery to draw attention to voter suppression.

Law enforcement officers met the protesters on March 7, 1965, with billy clubs, bullwhips, and tear gas. On March 15, Johnson addressed a national televised joint session of Congress to ask it to pass a national voting rights act. “Our fathers believed that if [their] noble view of the rights of man was to flourish, it must be rooted in democracy,” he said. “The most basic right of all was the right to choose your own leaders. The history of this country, in large measure, is the history of the expansion of that right to all of our people.”

He submitted to Congress voting rights legislation, and Congress delivered.

On August 6, 1965, Johnson signed the Voting Rights Act to guarantee Black Americans the right to vote.

“Today is a triumph for freedom as huge as any victory that has ever been won on any battlefield,” Johnson told the American people in a televised joint session of Congress. The Civil War had promised equality to all Americans, but that promise had not been fulfilled. “Today is a towering and certain mark that, in this generation, that promise will be kept.”

“I pledge you that we will not delay, or we will not hesitate, or we will not turn aside until Americans of every race and color and origin in this country have the same right as all others to share in the process of democracy,” Johnson said.

That resolve did not hold. In the 2013 Shelby County v. Holder decision, the Supreme Court significantly weakened the Voting Rights Act. Republican-dominated states immediately found ways to keep minority voters from the polls and their votes from being counted, and in 2020, then-president Trump tried to throw out the votes of people in majority Black districts in order to overturn the results of that year’s presidential election. On July 10, 2023, House Republicans introduced a sweeping “election integrity” bill that would loosen campaign finance regulations and make it harder to vote.

Eight days later, on July 18, Democrats in the House and Senate reintroduced the Freedom to Vote Act, which would make it easier for all Americans to vote, end partisan gerrymandering, require transparency in campaign donations to try to limit dark money in elections, and protect state and local election officials. “The story of American democracy is one of a relentless march towards further equality,” said Senate majority leader Chuck Schumer (D-NY). “The Freedom To Vote Act would rectify one of the great historic harms of our past and put us closer to our goal of a fully representative democracy.”

And then, on August 1—last Tuesday—the Department of Justice charged Trump under laws Congress passed during Reconstruction to protect the Black Americans’ political rights. Trump is charged with conspiring to obstruct an official proceeding—violating a law passed to stop Ku Klux Klan terrorists from breaking up official meetings in the late 1860s—and obstructing that proceeding: the counting of electoral votes.

Trump is also charged with conspiring “to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States—that is, the right to vote, and to have one's vote counted.”

Notes:

https://www.loc.gov/resource/rbpe.12900200/?sp=2&st=text

https://millercenter.org/the-presidency/presidential-speeches/august-6-1965-remarks-signing-voting-rights-act

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

https://www.democracydocket.com/news-alerts/house-republicans-unveil-most-restrictive-elections-bill-in-decades/

https://www.democracydocket.com/news-alerts/house-and-senate-democrats-reintroduce-the-freedom-to-vote-act/

https://www.klobuchar.senate.gov/public/index.cfm/news-releases?ID=DCA59415-4DFA-4D55-B5E7-392B81285BD3

https://www.loc.gov/exhibits/naacp/founding-and-early-years.html

https://www.presidency.ucsb.edu/documents/special-message-the-congress-the-american-promise

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Published on August 06, 2023 22:26

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