Heather Cox Richardson's Blog, page 153
April 7, 2023
April 7, 2023
This Friday night’s news dump is a biggie: Texas judge Matthew Kacsmaryk, an antiabortion Trump appointee, has ruled that the Food and Drug Administration’s approval of the drug mifepristone in 2000 was flawed and must be suspended. In the 23 years since its approval, the drug has been widely proved to be safe, and this is the first time a court has ordered the FDA to remove a drug from the market.
Mifepristone is used to induce abortions as well as for other medical applications. Although the Supreme Court argued last year in Dobbs v. Jackson Women’s Health, which overturned the 1973 Roe v. Wade decision legalizing abortion, that getting rid of Roe would enable states to make their own decisions about abortion, Kacsmaryk’s decision would remove mifepristone across the entire United States. Mifepristone accounts for about 53% of medically induced abortions.
Vice President Kamala Harris, who has led the administration's policy on reproductive rights, noted that Kacsmaryk’s decision does not simply impact abortion: it opens the door to politicizing chemotherapy drugs, asthma medicine, blood pressure pills, insulin, and so on.
Kacsmaryk also said that mailing mifepristone across state lines is illegal based on the Comstock Act, which Congress passed in 1873, making it illegal to send contraceptive materials through the mail. He went further than that, though, going far beyond the Dobbs decision to embrace the concept that a fertilized egg is an “unborn human” from the time of conception.
He stayed the ruling for a week to give the government time to respond.
President Joe Biden vowed to fight the ruling. He noted that the Department of Justice has already filed an appeal and will seek an immediate stay. “But let’s be clear,” he wrote, “the only way to stop those who are committed to taking away women’s rights and freedoms in every state is to elect a Congress who will pass a law restoring Roe versus Wade. Vice President Harris and I will continue to lead the fight to protect a woman’s right to an abortion, and to make her own decisions about her own health. That is our commitment.”
Less than an hour after Kacsmaryk’s ruling, federal judge Thomas O. Rice in Washington state issued an injunction prohibiting the FDA from pulling mifepristone from the market.
With two opposing rulings in place, the case will go quickly to the U.S. Supreme Court.
But the Supreme Court has its own issues right now. Today, Justice Clarence Thomas released a statement saying that he did not disclose the lavish gifts he received from right-wing megadonor Harlan Crow on the advice of “colleagues and others in the judiciary,” but he did not say who those individuals were. He says he will comply with new regulations in the future.
Thomas said that he and his wife Ginni had been dear friends of the Crows for over 25 years, but he joined the court over 30 years ago, making more than one commenter note that the friendship certainly seemed to be based on Crow’s access to the Supreme Court through Thomas. In 2011, Ian Millhiser, then of ThinkProgress, noted that Thomas sided with the American Enterprise Institute and the Center for the Community Interest, both of which were affiliated with Crow, in every case concerning them that had come before the Supreme Court.
A couple of other stories before I call it quits tonight:
The Internal Revenue Service yesterday explained how it intends to use the $80 billion appropriated for it by the Inflation Reduction Act. After a decade of budget cuts, audit and enforcement rates on taxpayers earning $1 million or more annually had dropped significantly, from 7.2% in 2011 to just 0.7% in 2019. The IRS will focus on restoring those audits.
It will also look at allowing taxpayers to file directly with the government system for free, as taxpayers in other countries do. This plan has the lobbyists who work for tax preparers fighting back out of fear such a free system will cripple their businesses. They are joining with Republicans to complain that such a system will give the government too much information about individual taxpayers.
Today’s jobs report for March showed continuing job growth as unemployment fell to 3.5% and the economy added another 236,000 jobs. Unemployment among Black Americans is at a historic low of 5%. While jobs are still being added, they are increasing at a slower rate than they have been. Wage increases are also slowing, which reinforces the idea that inflation will continue to ease and perhaps lead the Federal Reserve to slow down on the interest rate hikes that cool the economy.
In a statement, President Biden noted the good jobs news and reminded people that the government is investing in infrastructure, innovation, and clean energy to build the economy for the long term. But, he warned, “[e]xtreme MAGA Republicans in Congress…are threatening to wreak havoc on our economy with debt limit brinkmanship. Their extreme agenda would send the unprecedented investments we’ve made here in America—along with the jobs that come with it—overseas. And it’s all to pay for even more giveaways to the wealthiest Americans and largest corporations.” He promised to stop them from moving the country backward.
Today, Vice President Harris traveled to Nashville, Tennessee, where she met with the state Democratic caucus and with the two young Black legislators, Justin Jones and Justin Pearson, whose colleagues expelled them from the state legislature yesterday. While in Nashville, she spoke at historically Black Fisk University to call for gun safety legislation and condemn the expulsion of the Democratic lawmakers.
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Notes:
https://www.washingtonpost.com/politics/2023/04/07/texas-abortion-pill-ruling-mifepristone/
https://twitter.com/mjs_DC/status/1644470392763957249
https://www.nytimes.com/2023/03/30/us/politics/biden-irs-overhaul-taxes.html
https://www.propublica.org/article/irs-strategic-plan-wealth-tax-dodgers
https://www.nytimes.com/2023/04/07/us/politics/clarence-thomas-supreme-court-travel.html
https://www.nytimes.com/2023/04/07/health/abortion-pills-ruling-texas.html
https://www.whitehouse.gov/briefing-r...
https://www.wsmv.com/2023/04/07/vp-harris-appear-fisk-university-service-tennessee-three/
April 6, 2023
April 6, 2023
The Supreme Court was in the news this morning, as Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica explained that for more than twenty years Supreme Court Justice Clarence Thomas has enjoyed the hospitality and funding of Dallas real estate magnate and major Republican donor Harlan Crow. Thomas and his wife Ginni, who was closely involved in challenging the 2020 presidential election, have taken trips in private jets and gone on vacations with Crow worth as much as $500,000.
Thomas did not disclose any of these valuable gifts. Indeed, in a documentary funded in part by Crow, Thomas presented himself as a regular guy. “I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it,” he said. “I come from regular stock, and I prefer that—I prefer being around that.”
After the story dropped, David G. Savage of the Los Angeles Times recalled that his newspaper had disclosed the close connections between Thomas and Crow in 2004, noting, for example, that Crow had given Thomas a $19,000 Bible that had belonged to the famous formerly enslaved abolitionist and writer Frederick Douglass and a $15,000 bust of Abraham Lincoln. After their story appeared, it seems that Thomas did not stop accepting expensive gifts and travel from the wealthy mogul, but instead stopped disclosing them.
In Crow’s company, Thomas rubbed elbows with his host’s other guests, including senior business executives, major Republican donors, and leaders of right-wing think tanks. Crow has worked hard to move the judiciary and the legal system to the right, and at one of the properties where Thomas vacations, there is a painting of him in conversation with a number of figures, including Leonard Leo, the leader of the Federalist Society who has orchestrated the court’s hard-right turn. Leo is now overseeing Marble Freedom Trust, established to disburse funds from a $1.6 billion bequest to manipulate elections in favor of Republicans.
Senator Chris Murphy (D-CT) tweeted: “Important for news media to not simply label this guy as a ‘[Republican] mega donor’. It’s so much worse. Crow has many interests before the Supreme Court. His groups file petitions before the court. It’s the clearest, most brazen violation of judicial ethics you can imagine.”
In Congress today, House Judiciary Committee chair Jim Jordan (R-OH) issued a subpoena in its investigation of the Manhattan district attorney Alvin Bragg’s office after that office indicted former president Donald Trump on 34 counts of falsifying business records on Tuesday. Bragg explained: “The trail of money & lies exposes a pattern that, the People allege, violates one of New York’s basic & fundamental business laws.”
Although Jordan himself refused to respond to a subpoena issued by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, he is demanding that Mark Pomerantz, a former county special assistant district attorney who investigated Trump’s finances, show up to testify.
Pomerantz resigned from his role in the investigation out of frustration that Manhattan district attorney Alvin Bragg was not then moving forward with an indictment. The wording of Jordan’s letter indicates he is hoping to use Pomerantz’s words critical of Trump to argue that the district attorney’s office was biased against the former president.
General counsel for the Manhattan district attorney’s office Leslie Dubeck previously rejected the demands of Jordan, House Committee on House Administration chair Bryan Steil (R-WI), and House Committee on Oversight and Accountability chair James Comer (R-KY) for testimony and documents from Bragg, warning them that their attacks on Bragg and his office were “unlawful political interference.”
Dubeck pointed out: “our Office is legally constrained in how it publicly discusses pending criminal proceedings,… as you well know.” She called their interference “unnecessary and unjustified” and reminded the men that Congress has no jurisdiction over individual criminal investigations. Nor does it have jurisdiction over state investigations. “The Committees’ attempted interference with an ongoing state criminal investigation—and now prosecution—is an unprecedented and illegitimate incursion on New York’s sovereign interests,” she wrote.
Now Jordan is trying a different approach. Bragg responded: “The House [Republicans continue] to attempt to undermine an active investigation and ongoing New York criminal case with an unprecedented campaign of harassment and intimidation. Repeated efforts to weaken state and local law enforcement actions are an abuse of power and will not deter us from our duty to uphold the law.”
In the Tennessee statehouse this afternoon, Republican legislators led by House of Representatives speaker Cameron Sexton voted to expel Justin Jones and Justin Pearson, two young Black lawmakers who had led young protesters in chants from the floor of the house chamber in favor of gun safety legislation after house Republicans refused to allow debate on such a measure.
The Republicans charged that the three representatives had broken house rules and had engaged in “disorderly behavior” and “knowingly and intentionally” brought “dishonor to the House of Representatives.” The body avoided expelling Gloria Johnson, the white woman who chanted with Jones and Pearson, by one vote. Although the debate showed that a Republican had also broken house rules by recording a video that was then misleadingly edited and shown, that representative was not charged.
The three Democratic representatives joined protesters to call for gun safety legislation after six people, including three 9-year-olds, were killed in yet another school shooting. The Republicans have focused on cultural issues and have opposed taking up gun safety legislation. Indeed, they have worked to loosen gun laws; on the same day as the recent school shooting, a federal judge cleared the way for the Tennessee legislature to lower the age for permitless carry in the state from 21 to 18. Republican governor Bill Lee signed the permitless carry bill for 21 and up in 2021 at a Beretta gun manufacturing plant.
Today, young protesters in the statehouse defended the Tennessee Three, as they have become known, saying: “You ban books, you ban drag—kids are still in body bags!” After the votes to expel, the chants changed to “F*ck you, fascists!”
Republicans in the Tennessee legislature could act as they did because they have a supermajority thanks to their redistricting of the state after the 2020 census. In that redistricting they cracked Democratic-leaning Nashville, dividing it among three districts in which they overwhelmed Democratic voters with Republicans from the suburbs. A new state law has now required Nashville to cut its city council in half. Meanwhile, laws prohibiting people with a past felony conviction from voting cut more than 470,000 people from the voter rolls.
This lock on power has given Tennessee Republicans the ability to do as they please. Today it pleased them to expel two young Black legislators who were trying to force the Republicans to do something about the epidemic of gun violence that is killing their constituents.
The Supreme Court, Congress, and the Tennessee statehouse. What would you say if you saw today’s news coming from another country?
Before he left the chamber, Representative Justin Pearson told his suddenly former colleagues how he saw it.
“You are seeking to expel District 86’s representation from this house, in a country that was built on a protest. IN A COUNTRY THAT WAS BUILT ON A PROTEST. You who celebrate July 4, 1776, pop fireworks and eat hotdogs. You say to protest is wrong because you spoke out of turn, because you spoke up for people who are marginalized. You spoke up for children who won’t ever be able to speak again; you spoke up for parents who don’t want to live in fear; you spoke up for Larry Thorn, who was murdered by gun violence; you spoke up for people that we don’t want to care about. In a country built on people who speak out of turn, who spoke out of turn, who fought out of turn to build a nation.
“I come from a long line of people who have resisted.”
—
Notes:
https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow
https://www.theguardian.com/us-news/2022/sep/04/leonard-leo-federalist-society-conservative-abortion
https://www.politico.com/news/2023/04/06/house-republicans-subpoena-trump-indictment-00090828
https://www.teenvogue.com/story/tennessee-three-expulsion-hearing-protests
https://www.cbsnews.com/news/mark-pomerantz-subpoena-house-republicans-jim-jordan/
https://www.actionnews5.com/2023/01/12/family-speaks-out-after-mscs-employee-found-shot-killed/
https://apnews.com/article/gun-laws-tennessee-shooting-6192267a5ef5791416adda36667d287b
https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/rWin80nxeJ80/v0
On Twitter:
NoLieWithBTC/status/1644043211814629376
ManhattanDA/status/1644044363427905537
ManhattanDA/status/1643992000822386688
prem_thakker/status/1644050280001028096
ChrisMurphyCT/status/1644044337175732224
Victorshi2020/status/1644089064923222019
PoliticsWolf/status/1644086863219810305
DemocracyDocket/status/1644100793568489474
April 5, 2023
April 5, 2023
In yesterday’s election in Wisconsin, the two candidates represented very different futures for the country. One candidate for the state supreme court, Daniel Kelly, had helped politicians to gerrymander the state to give Republicans an iron lock on the state assembly and was backed by antiabortion Republicans. The other, Janet Protasiewicz, promised to stand behind fair voting maps and the protection of reproductive rights.
Wisconsin voters elected Protasiewicz by an overwhelming eleven points in a state where elections are usually decided by a point or so. Kelly reacted with an angry, bitter speech. “I wish that in a circumstance like this I would be able to concede to a worthy opponent,” he said. “But I do not have a worthy opponent to which I can concede.”
Yesterday’s vote in Wisconsin reinforces the polling numbers that show how overwhelmingly popular abortion rights and fair voting are, and it seems likely to throw the Republican push to suppress voting into hyperdrive before the 2024 election.
Since the 1980s, Republicans have pushed the idea of “ballot integrity” or, later, “voter fraud” to justify voter suppression. That cry began in 1986, when Republican operatives, realizing that voters opposed Reagan’s tax cuts, launched a “ballot integrity” initiative that they privately noted “could keep the black vote down considerably.”
That effort to restrict the vote is now a central part of Republican policy. Together with Documented, an investigative watchdog and journalism project, The Guardian today published the story of the attempt by three leading right-wing election denial groups to restrict voting rights in Republican-dominated states by continuing the lie that voting fraud is rampant.
The Guardian’s story, by Ed Pilkington and Jamie Corey, explores a two-day February meeting in Washington organized by the right-wing Heritage Foundation and attended by officials from 13 states, including the chief election officials of Indiana, Florida, Mississippi, Missouri, Montana, Tennessee, Virginia, and West Virginia. At the meeting, participants learned about auditing election results, litigation, and funding to challenge election results. Many of the attendees and speakers are associated with election denial.
Since the 2020 election, Republican-dominated states have passed “election reform” measures that restrict the vote; those efforts are ongoing. On Thursday alone, the Texas Senate advanced a number of new restrictions. In the wake of high turnout among Generation Z Americans, who were born after 1996 and are more racially and ethnically diverse than their elders, care deeply about reproductive and LGBTQ rights, and want the government to do more to address society’s ills, Republican legislatures are singling out the youth vote to hamstring.
That determination to silence younger Americans is playing out today in Tennessee, where a school shooting on March 28 in Nashville killed six people, including three 9-year-olds. The shooting has prompted protesters to demand that the legislature honor the will of the people by addressing gun safety, but instead, Republicans in the legislature have moved to expel three Democratic lawmakers who approached the podium without being recognized to speak—a breach of House rules—and led protesters in chants calling for gun reform. As Republicans decried the breach by Representatives Gloria Johnson, Justin Jones, and Justin Pearson, protestors in the galleries called out, “Fascists!”
Republican efforts to gain control did not end there. On Twitter today, Johnson noted that she had “just had a visit from the head of HR and the House ethics lawyer,” who told her “that if I am expelled, I will lose my health benefits,” but the ethics lawyer went on to explain “that in one case, a member who was potentially up for expulsion decided to resign because if you resign, you maintain your health benefits.”
The echoes of Reconstruction in that conversation are deafening. In that era, when the positions of the parties were reversed, southern Democrats used similar “persuasion” to chase Republican legislators out of office. When that didn’t work, of course, they also threatened the physical safety of those who stood in the way of their absolute control of politics.
On Saturday night, someone fired shots into the home of the man who founded and runs the Tennessee Holler, a progressive news site. Justin Kanew was covering the gun safety struggle in Tennessee. He wrote: “This violence has no place in a civilized society and we are thankful no one was physically hurt. The authorities have not completed their investigation and right now we do not know for sure the reason for this attack. We urge the Williamson County Sheriff’s office to continue to investigate this crime and help shed light on Saturday’s unfortunate events and bring the perpetrators of this crime to justice. In the meantime, our family remains focused on keeping our children healthy and safe.”
The anger coming from losing candidate Kelly last night, and his warning that “this does not end well….[a]nd I wish Wisconsin the best of luck because I think it's going to need it,” sure sounded like those lawmakers in the Reconstruction years who were convinced that only people like them should govern. The goal of voter suppression, control of statehouses, and violence—then and now—is minority rule.
Today’s Republican Party has fallen under the sway of MAGA Republicans who advocate Christian nationalism despite its general unpopularity; on April 3, Hungarian president Viktor Orbán, who has destroyed true democracy in favor of “Christian democracy” in his own country, cheered Trump on and told him to “keep on fighting.” Like Orbán, today's Republicans reject the principles that underpin democracy, including the ideas of equality before the law and separation of church and state, and instead want to impose Christian rule on the American majority.
Their conviction that American “tradition” focuses on patriarchy rather than equality is a dramatic rewriting of our history, and it has led to recent attacks on LGBTQ Americans. In Kansas today, the legislature overrode Democratic governor Laura Kelly’s veto of a bill banning transgender athletes who were assigned male at birth from participating in women’s sports. Kansas is the twentieth state to enact such a policy, and when it goes into effect, it will affect just one youth in the state.
Yesterday, Idaho governor Brad Little signed a law banning gender-affirming care for people under 18, and today Indiana governor Eric Holcomb did the same.
Meanwhile, Republican-dominated states are so determined to ignore the majority they are also trying to make it harder for voters to challenge state laws through ballot initiatives. Alice MIranda Ollstein and Megan Messerly of Politico recently wrote about how, after voters in a number of states overrode abortion bans through ballot initiatives, legislatures in Arkansas, Florida, Idaho, Missouri, North Dakota, Ohio, and Oklahoma are now debating ways to make it harder for voters to get measures on the ballot, sometimes even specifying that abortion-related measures are not eligible for ballot challenges.
And yet, in the face of the open attempt of a minority to seize control, replacing our democracy with Christian nationalism, the majority is reasserting its power. In Michigan, after an independent redistricting commission redrew maps to end the same sort of gerrymandering that is currently in place in Wisconsin and Tennessee, Democrats in 2022 won a slim majority to control the state government. And today, Michigan governor Gretchen Whitmer signed into law a bill revoking a 1931 law that criminalized abortion without exception for rape or incest.
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Notes:
Twitter:
VoteGloriaJ/status/1643701779291316226
Kanew/status/1643611725416079361
https://www.nytimes.com/2023/03/29/us/politics/republicans-young-voters-college.html
https://www.theguardian.com/us-news/2022/nov/17/michigan-democrats-state-senate-house
https://abcnews.go.com/US/michigan-gov-gretchen-whitmer-signs-bill-repealing-1931/story?id=98376761
https://www.nytimes.com/2022/01/31/opinion/nashville-gerrymander-voting-jim-cooper.html
https://www.kansascity.com/news/politics-government/article273997945.html
Wisconsin
Still wrapping my head around the fact that Janet Protasiewicz won the Wisconsin Supreme Court election by ten points in a state where elections are usually decided by a point or so.
Also wondering if the angry, bitter reaction of her opponent to his loss signals a recognition that the jig is up.
Thoughts?
April 4, 2023 (Tuesday)
There are two huge stories afield tonight. First, Finland has officially joined the North Atlantic Treaty Organization (NATO). Finland opted for neutrality after the organization of NATO in 1949 to stand against the expansion of the Soviet Union, but Russia’s invasion of non-NATO country Ukraine last year sparked concern in a country that shares an 832-mile border with Russia. NATO members share an ironclad security guarantee among them, agreeing to come to each other’s aid if any of them is attacked.
“The era of nonalignment in our history has come to an end—a new era begins,” Finland’s president Sauli Niinistö said.
The second huge story is domestic. Today, Wisconsin voters elected Janet Protasiewicz to the Wisconsin Supreme Court by a ten-point margin. Her opponent, Dan Kelly, supported the heavily gerrymandered district maps in the state and was supported by antiabortion groups. Protasiewicz has called those maps, which make it virtually impossible for Democrats to win control of the assembly, “rigged” and supports abortion rights. Her election switches the political orientation of the court for the first time in 15 years.
This court will likely take up cases relating to the state’s abortion ban, its extreme gerrymandering, and its voting rules for the 2024 presidential election. Far-right activist Ali Alexander, who was deeply involved in the attempt to overturn the 2020 presidential election, tweeted: “We just lost the Wisconsin Supreme Court. I do not see a path to 270 in 2024.”
Wisconsin Democratic chair Ben Wikler tweeted: “This isn’t a prediction. It isn’t a hint. It’s just a note. And my note is, this election was a release valve for twelve years of Democratic rage in Wisconsin about Republicans rigging our state and smashing our democracy—and then using that power to rip away our rights.”
Across the state, Republican numbers slumped. Political commentator Brian Tyler Cohen noted: “Republicans are losing across the country, even in historically red areas—Georgia, Arizona, Michigan, Wisconsin. The abortion bans, climate denial, gun idolatry, anti-democratic behavior and extremism has lost them entire generations of Americans.”
That disaffection was on display in Tennessee, where 7,000 schoolchildren marched to the Capitol yesterday to demand gun safety legislation after a school shooting killed six people last week. Republican lawmakers have taken steps to expel three Democratic representatives who used a bullhorn on the floor of the House to help lead the protest.
Representatives Gloria Johnson, Justin Jones, and Justin Pearson led chants from the House floor. Their Democratic colleagues support them, but their Republican colleagues have stripped them of their committee assignments and filed resolutions declaring that the three Democrats engaged in “disorderly behavior” and “knowingly and intentionally” brought “dishonor to the House of Representatives.” The House will vote on the resolutions Thursday. Kimberlee Kruesi of the Associated Press reports that only two House members have been expelled since the Civil War.
In other news today, the former president, Donald Trump, was arraigned in Manhattan on 34 felony counts of falsifying business records. In order to quash damaging stories before the 2016 election, the charges allege, he paid a doorman who claimed to know about an out-of-wedlock child (a story apparently proved incorrect) and two women to keep them quiet about affairs. The payments were structured to hide them. This violated both election law and falsified business records, as well as mischaracterizing the payments for tax purposes.
There were far more Trump opponents than supporters in the crowd outside the courthouse, and while Trump-allied representatives Marjorie Taylor Greene (R-GA) and George Santos (R-NY) were there, other Republican lawmakers steered clear.
While Trump seemed subdued and angry in the courtroom, where he pleaded not guilty, his tone had changed markedly by tonight. Back at Mar-a-Lago and surrounded by supporters, he launched into a half-hour speech tonight rehashing his favorite complaints.
Last week, as he waited for indictment, Trump circulated on social media a picture of himself with a baseball bat next to a picture of Manhattan district attorney Alvin Bragg. This morning, his son, Don Jr., posted on social media a picture of the daughter of the judge presiding over the case. In court today Judge Juan Merchan asked the former president to “refrain from making comments or engaging in conduct that has the potential to incite violence, create civil unrest, or jeopardize the safety or well-being of any individuals” and suggested that, having made that warning, if he had to revisit it he would “take a closer look at it.” Nonetheless, tonight Trump went after those prosecutors pursuing cases against him.
Mark Barabak of the Los Angeles Times noted the “stark contrast between the humbled Trump facing justice Tuesday and the swaggering Trump—all toughness, cunning and hyper-masculinity—that he prefers to project.”
Also today, a federal appeals court in Washington, D.C., ruled that several of Trump’s top aides must testify before the grand jury investigating the attempt to overturn the 2020 presidential election.
In his statement welcoming Finland to NATO today, President Joe Biden noted that the United States and 11 other nations came together to sign the original NATO declaration 74 years ago today: April 4, 1949. On that day, President Harry S. Truman said, “If there is anything inevitable in the future, it is the will of the people of the world for freedom and for peace.”
At the end of the night, the Wisconsin Democratic Party released a statement congratulating Justice-elect Protasiewicz on her victory. “The resurrection of democracy and freedom in Wisconsin has begun,” it read.
“On paper, this campaign may have lasted only a few months. But tonight’s victory is the result of years of unglamorous work by volunteers, activists, union members, and organizers across our state who knocked doors, made phone calls, chipped in, and never lost the faith that a better future was possible—even when hope seemed all but lost. Tonight is a testament to the power of never giving up. And it’s a testament to the whirlwind that the foes of democracy—in Wisconsin, and in America—can expect to reap.
“While we may have won tonight, we know that the threat posed to our freedoms and our democracy by MAGA extremism continues. And that’s why we will never stop organizing. We will use this moment as a springboard into the long work ahead—to build a multiracial democracy in which all of us, no matter our gender or gender identity, our generation or the geography in which we live, has a voice, has dignity, and has the power that is supposed to be the birthright of all American citizens.”
—
Notes:
On Twitter:
benwikler/status/1643423451288403968
benwikler/status/1643477411172962309
7im/status/1643437260380200962
briantylercohen/status/1643435776825499648
PressSec/status/1643372356885250050
https://www.nytimes.com/2023/04/04/us/politics/wisconsin-supreme-court-protasiewicz.html
https://www.nytimes.com/interactive/2023/04/04/us/elections/results-wisconsin-supreme-court.html
https://www.washingtonpost.com/politics/2023/04/04/wisconsin-supreme-court-election-abortion/
https://www.cnn.com/2023/04/04/us/tennessee-reps-expulsion-gun-control/index.html
https://apnews.com/article/tennessee-expulsion-gop-lawmakers-1c4793ba0552c07aa0dc3949c5f76ea9
https://www.politico.com/news/2023/04/04/trump-aides-testimony-capitol-riot-00090387
https://www.cnn.com/2023/04/04/politics/trump-aides-testimony-january-6/index.html
https://news.yahoo.com/donald-trump-jr-posts-photo-213454348.html
https://abcnews.go.com/US/read-full-transcript-trumps-arraignment/story?id=98360311
https://www.cnn.com/2023/04/04/politics/read-trump-indictment-file/index.html
April 3, 2023
April 3, 2023
On Saturday, April 1, the emergency measures Congress put in place to extend medical coverage at the beginning of the Covid-19 pandemic expired. This means that states can end Medicaid coverage for people who do not meet the pre-pandemic eligibility requirements, which are based primarily on income. As many as 15 million of the 85 million people covered by Medicaid could lose coverage, although most will be eligible for other coverage either through employers or through the Affordable Care Act. The 383,000 who will fall through the cracks are in the 10 states that have refused to expand Medicaid.
The pandemic prompted the United States to reverse 40 years of cutbacks to the social safety net. These cuts were prescribed by Republican politicians who argued that concentrating money upward would promote economic growth by enabling private investment in the economy. That “supply side” economic policy, they said, would expand the economy so effectively that everyone would prosper. In 2017, Republicans passed yet another tax cut, primarily for the wealthy and for corporations, to advance this policy.
As the economy fell apart during the coronavirus pandemic, though, it was clear the government must do something to shore up the tattered social safety net, and even Republicans got on board fast. On March 6, 2020, Trump signed the Coronavirus Preparedness and Response Supplemental Appropriations Act, allocating $8.3 billion to fund vaccine research and give money to states and local governments to try to stop the spread of the virus. On March 18, he signed the Families First Coronavirus Response Act, which provided food assistance, sick leave, $1 billion in unemployment insurance, and Covid testing. On the same day, the Federal Housing Administration put moratoriums on foreclosure and eviction for people with government-backed loans.
On March 27, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES), which appropriated $2.3 trillion, including $500 billion for companies, $349 billion for small businesses, $175 billion for hospitals, $150 billion to state and local government, $30.75 billion for schools and universities, individual one-time cash payments, and expanded unemployment benefits.
Trump signed another stimulus package on April 24, 2020, which appropriated another $484 billion. And on December 27, 2020, he signed another $900 billion stimulus and relief package.
When he took office, President Joe Biden promised to rebuild the American middle class. He and the Democratic Congress began to shift the government’s investment from shoring up the social safety net to repairing the economy. On March 19, 2021, he signed the American Rescue Plan into law, putting $1.9 trillion behind economic stimulus and relief proposals.
Biden signed the Infrastructure Investment and Jobs Law, also known as the Bipartisan infrastructure Act, on November 15, 2021, putting $1.2 trillion into so-called hard infrastructure projects: roads and bridges and broadband.
On August 9, 2022, he signed the CHIPS and Science Act, putting about $280 billion in new funding behind scientific research and the manufacturing of semiconductors. And days later, on August 16, Biden signed the Inflation Reduction Law, putting billions behind addressing climate change and energy security while also raising money to pay for new policies and to reduce the deficit by raising taxes on corporations and the wealthy, funding the Internal Revenue Service to stop cheating, and permitting Medicare to negotiate with pharmaceutical companies over drug prices.
This dramatic investment in the demand side, rather than the supply side, of the economy helped to spark record inflation, compounded by supply chain issues that created shortages and encouraged price gouging. To combat that inflation, the Federal Reserve has been raising interest rates. Numbers released Friday show that inflation cooled in February, suggesting that the Federal Reserve is seeing the downward trend it has been hoping for, although there is concern that the sudden decision of the Organization of the Petroleum Exporting Countries (OPEC) this weekend to slash production of crude oil might drive the price of oil back up, dragging prices with it.
That investment in the demand side of the economy also meant that the child poverty rate in the U.S. fell almost 30%, while food insufficiency fell by 26% in households that received the expanded child tax credit. The U.S. economy recovered faster than that of any other G7 nation after the worst of the pandemic. Wages for low-paid workers grew at their fastest rate in 40 years, with real income growing by 9%. MIddle-income workers’ wages grew by only between 2.4% and 3.9% after inflation, but that, too, was the biggest jump in 40 years. Unemployment has fallen to its lowest level since 1969, and a record 10 million people have applied to start small businesses.
This public investment in the economy has attracted billions in private-sector investment—chipmakers have planned almost $200 billion of investments in 17 states—while it has also pressured certain companies to act in the public interest: the three major insulin producers in the U.S., making up 90% of the market, have all capped prices at $35 a month.
As the economy begins to smooth out, Biden and members of his administration are touting the benefits of investing in the economy “from the bottom up and the middle out.” They have emphasized that they are working to support unions and the rights of consumers, taking on “junk fees,” noncompete agreements, and nondisparagement clauses. After the collapse of the Silicon Valley Bank, the administration has suggested that deregulation of banking institutions went too far, and Biden has continued to push increased support for child care and health care.
A recent Associated Press–NORC poll shows that while 60% of Americans say the federal government spends too much money, they actually want increased investment in specific programs: 65% want more on education (12% want less); 63% want more on health care (16% want less); 62% want more on Social Security (7% want less); 58% want more spending on Medicare (10% want less); 53% want more on border security (23% want less); and 35% want more spending on the military (29% want less).
This puts the political parties in an odd spot. A week ago, Biden and members of the administration began barnstorming the country to highlight how their policy of “Investing in America” has been building the economy: “unleashing a manufacturing boom, helping rebuild our infrastructure and bring back supply chains, lowering costs for hardworking families, and creating jobs that don’t require a four-year degree across the country,” as the White House puts it.
Meanwhile, the Republicans are doubling down on the idea that such investments are a waste of money, and are forcing a fight over the debt ceiling to try to slash the very programs that the administration is celebrating. Ignoring that the 2017 Trump tax cuts and spending under Trump added about 25% to the debt, they are focusing on Biden’s policies and demanding that the government balance the budget in 10 years without raising taxes and without cutting defense, veterans benefits, Social Security, or Medicare, which would require slashing everything else by an impossible 85%, at least (some estimates say even 100% cuts wouldn’t do it).
As David Firestone put it today in the New York Times: “Cutting spending…might sound attractive to many voters until you explain what you’re actually cutting and what effect it would have.” Republicans cut taxes and then complain about deficits “but don’t want to discuss how many veterans won’t get care or whose damaged homes won’t get rebuilt or which dangerous products won’t get recalled.” Firestone noted that this disconnect is why the House Republicans cannot come up with a budget. “The details of austerity are unpopular,” Firestone notes, “and it’s easier to just issue fiery news releases.”
—
Notes:
https://www.whitehouse.gov/wp-content/uploads/2023/03/ERP-2023.pdf
https://www.cnn.com/2023/03/31/economy/pce-inflation-february/index.html
https://www.investopedia.com/government-stimulus-efforts-to-fight-the-covid-19-crisis-4799723
https://www.cbsnews.com/news/wages-surged-lowest-paid-americans-pandemic-covid-19/
https://www.cbsnews.com/news/gas-prices-opec-output-cut/
https://www.nbcnews.com/health/health-news/sanofi-insulin-price-cap-rcna75346
https://www.washingtonpost.com/us-policy/2023/03/06/biden-industrial-policy-business-government/
https://www.washingtonpost.com/opinions/2023/03/19/biden-fdr-clinton-center-triangulation/
https://apnews.com/article/spending-budget-poll-biden-cd55f1c3859b62a861cdbdc0cd23bd79
https://www.nytimes.com/2023/04/03/opinion/editorials/debt-ceiling-mccarthy-2023.html
How We Think About Manufacturing
When I wrote on February 23 about Commerce Secretary Gina Raimondo’s emphasis on how Americans have traditionally seen manufacturing as a central part of innovation, I got an email that brought me up short. Its author talked about how when he started a job as a lobbyist for a major company in the 1980s, his boss emphasized that he must keep the public a…
April 2, 2023
April 2, 2023 (Sunday)
A key fight over democracy is currently taking place in Wisconsin. On April 4, voters in the state will choose a new judge for Wisconsin’s Supreme Court. That judge will determine the seven-person court’s majority, a majority that will either uphold or possibly strike down the state’s gerrymandered voting maps that are so heavily weighted toward Republicans as to make it virtually impossible for Democrats to win control of the legislature.
Political scientists judge Wisconsin to be the most gerrymandered state in the country. The state is divided pretty evenly between Democrats and Republicans, although the Democrats have won 13 of the past 16 statewide elections. But despite the state’s relatively even political split, the current district maps are so heavily tilted for Republicans that Democrats have to win the statewide vote by 12 points just to get a majority in the assembly: 50 of the 99 seats. Republicans, though, can win a majority with just 44% of the vote.
The process of changing Wisconsin into a stronghold of Republican power began in the 2010 elections, when Republicans launched Operation REDMAP to take over state legislatures before the redistricting process based on the 2010 census began. That year, the billionaire brothers Charles G. and David H. Koch pumped money into Wisconsin. Along with a strong talk radio media ecosystem, they helped to elect Governor Scott Walker to curb the power of public sector unions, which they blamed for what they considered excessive state spending.
The election of Governor Walker and a Republican legislature began the process of taking control of the state. Using granular voting data and sophisticated mapping software, the Republicans gerrymandered the state so severely that they retained control of the assembly going forward even though Democrats won significantly more votes.
As Ari Berman explained in Mother Jones, Republicans used that power to take away the bargaining rights of public sector unions in order to defund and demoralize one of the Democratic Party’s core constituencies. Berman quotes right-wing strategist Grover Norquist, who wrote that the Wisconsin policies were a national model. “If Act 10 is enacted in a dozen more states, the modern Democratic Party will cease to be a competitive power in American politics…. It’s that big a deal.” The assembly also passed at least 33 new laws during the Walker years to change election procedures and make it harder to vote.
When Democrat Tony Evers won election as governor in 2018, Democrats won all four statewide races. They also won 53% of the votes for state assembly—203,000 more votes than the Republicans did—but because of gerrymandering, the Democrats got just 36% of the seats in the legislature. The Republicans there immediately held a lame duck session and stripped powers from Evers and Democratic attorney general Josh Kaul. Then they passed new laws to restrict voting rights. The legislature went on to block Evers’s appointees and block his legislative priorities, like healthcare, schools, and roads.
Polls showed that voters opposed the lame duck session by a margin of almost 2 to 1, and by 2020, 82% of Wisconsin voters had passed referenda calling for fair district maps.
But when it came time to redistrict after the 2020 census, the Republican-dominated legislature carved up the state into an even more pro-Republican map than it had put into place before. Ultimately, the new maps gave Republicans 63 out of 99 seats in the assembly and 22 out of 23 in the state senate. They came within two assembly seats of having a supermajority that would enable them to override any vetoes by the governor, essentially nullifying him, although Evers had been reelected by 53.5% of the vote (a large margin for Wisconsin).
With gerrymandered districts virtually guaranteeing their reelection, Republicans are insulated from popular opinion. In the 2021–2022 session, they ignored the governor, refusing to confirm Evers’s appointees and going nearly 300 days without passing a single bill. They also ignored popular measures, refusing to let 98% of Democratic bills even be heard and refusing to address gun safety issues—although 81% of Wisconsinites wanted background checks for gun sales—or abortion rights, even though 83% of Wisconsin residents wanted at least some abortion rights protected after the Supreme Court’s overturning of Roe v. Wade last June put back into effect a law from 1849.
This radicalized Wisconsin assembly also mattered nationally when it became a centerpiece of Trump’s attempt to overturn the 2020 presidential election. Nearly 75% of the Republicans in it worked to cast doubt on that election. After an audit turned up “absolutely no evidence of election fraud”—according to a Wisconsin judge—they tried to take control of elections away from a bipartisan commission and turn it over to the legislature they control. Senator Ron Johnson led the effort, calling for Republicans to take control of the elections because, he said, Democrats can’t be expected to “follow the rules.” In the 2022 election, the Trump-endorsed Republican candidate for governor, Tim Michels, promised, “Republicans will never lose another election in Wisconsin after I’m elected governor.”
Their effort failed only because they fell two seats shy of the supermajority they needed.
By shaping the state maps and limiting the power of Democratic constituencies, Republicans have also taken control of the state supreme court, which sides with the Republican lawmakers’ attempts to cement their own power. Now voters have the chance to shift the makeup of that court. Doing so would make it possible that new challenges to the gerrymandered maps would succeed, returning fairness to the electoral system.
Wisconsin journalist Dan Shafer, who writes The Recombobulation Area, is following the race closely. His coverage reveals how the candidates’ framing of the election mirrors a larger debate about democracy. Theoretically, the election is nonpartisan, but Republicans paid former state supreme court justice Dan Kelly $120,000 to consult on Trump’s false elector scheme to overturn the 2020 presidential election, and he was on the payroll of the Republican National Committee until last December. In 2012 he defended the Republicans’ gerrymandered maps in court.
For her part, Milwaukee County judge Janet Protasiewicz has made it clear she opposes the gerrymandered maps. “Let’s be clear here: The maps are rigged. Absolutely positively rigged,” she said in a candidates’ forum in January. “They do not reflect the people in the state. They do not reflect accurate representation, either in the State Assembly or the State Senate. They are rigged, period. I don’t think it would sell to any reasonable person that the maps are fair.”
Shafer notes that supreme court terms are for ten years, so if the court does not shift in this election, it, along with the gerrymandered maps, will remain in place “for the foreseeable future.” The race ultimately comes down to checks and balances, he says. The court has not checked the legislature, which has entrenched one-party rule in Wisconsin.
“This isn’t to say the maps should be redrawn to instead benefit Democrats,” Shafer continues. “Far from it. It’s about fairness. Some years Democrats will win a majority, other years Republicans will win a majority. If one party isn’t doing their job, voters should be able to do something about it. It’s about crafting a system that reflects the people of Wisconsin and can be responsive to the state’s voters. We don’t have that right now. And that has to be the goal.”
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Notes:
https://rpubs.com/jdjohn215/redistricting-plans-submitted-to-scowis

https://www.wpr.org/daniel-kelly-jill-karofsky-emerge-state-supreme-court-primary
https://www.wpr.org/voting-begins-look-back-fight-over-wisconsins-voter-id-law
https://www.nytimes.com/2011/02/22/us/22koch.html
https://www.nytimes.com/2022/08/12/us/politics/wisconsin-politics.html
https://www.democracydocket.com/opinion/its-time-to-take-back-wisconsin-for-the-voters/
https://talkingpointsmemo.com/news/wisconsin-supreme-court-primary-janet-protasiewicz

https://www.nytimes.com/interactive/2022/05/22/us/politics/state-legislators-election-denial.html
https://www.nytimes.com/2021/11/19/us/politics/wisconsin-republicans-decertify-election.html
https://www.nytimes.com/2022/11/04/us/politics/wisconsin-voting-republicans-supermajorities.html
April 1, 2023
Although no one has seen the charges, MAGA Republican lawmakers reacted to the decision of a grand jury of ordinary citizens to charge a former president by preemptively accusing Manhattan district attorney Alvin Bragg of abusing the power of the government against MAGA Republicans.
“[C]orrupt Socialist District Attorney Alvin Bragg [and] the radical Far Left” (New York representative Elise Stefanik) “irreparably damaged our country” (House speaker Kevin McCarthy) “for pure political gain” (Virginia governor Glenn Youngkin). It is “a direct assault on the tens of millions of Americans who support [Trump]” (Ohio senator J. D. Vance), and “[the House Republicans] will hold Alvin Bragg accountable” (Stefanik, again).
The lawmakers have reached their position after extensive coordination with Trump, with whom Stefanik, Jordan, and Representative Marjorie Taylor Greene (R-GA) speak regularly to keep him abreast of what they know about investigations and to plan policy. As Stephen Collinson pointed out on CNN, they are taking to a new level what they have been doing since Trump took office: weaponizing the government to put Trump back into power.
As the Manhattan grand jury’s investigation got close to a decision, McCarthy backed an investigation of the Manhattan district attorney’s office. Promptly, committee chairs Jim Jordan (R-OH, Judiciary), James Comer (R-KY, Oversight and Accountability), and Bryan Steil (R-WI, House Administration) demanded that Bragg turn over all documents and testimony related to the investigation and appear before them to answer questions. As the counsel for the district attorney’s office, Leslie B. Dubeck, pointed out in response, these demands are “an unprecedented and illegitimate incursion on New York’s sovereign interests” and amount to “unlawful political interference.”
Representative Jamie Raskin (D-MD), the top Democrat on the Oversight Committee, told Washington Post reporter Greg Sargent: “This is an extreme move to use the resources of Congress to interfere with a criminal investigation at the state and local level and block an indictment.” It is, he said, “the kind of political culture you find in authoritarian dictatorships.”
At Axios today, Sophia Cai and Juliegrace Brufke ran the numbers of Trump backers in Congress. Thirty-seven Republicans have already endorsed him, and in the House, McCarthy has put them into key positions. Trump supporters make up more than a third of the Republicans members on the Committee on the Judiciary, which oversees the legal system, and the Committee on Oversight, which oversees government accountability. Nine of the 25 Republicans on the Judiciary Committee support him; 11 of the 26 Republicans on House Oversight do, too.
What is actually in the indictment remains unknown, but the language Republicans are using to attack it reveals that what it says doesn’t particularly matter. Their claim that “the Left” is “weaponizing government” against the right echoes “post-liberal” ideology. This worldview explains why the right wing continues to lose ground in society despite Republican victories at the polls. The problem is not that right-wing positions are unpopular, post-liberal thinkers insist, it’s that the “left” has captured the nation’s institutions.
They argue that the ideas that underpin democracy—equality before the law, separation of church and state, academic freedom, a market-driven economy, free speech—have undermined virtue. These values are “liberal” values because they are based on the idea of the importance of individual freedom from an oppressive government, and they are at the heart of American democracy.
But post-liberal thinkers say that liberalism’s defense of individual rights has destroyed the family, communities, and even the fundamental differences between men and women, throwing society into chaos. They propose to restore the values of traditional Christianity, which would, they believe, restore traditional family structures and supportive communities, and promote the virtue of self-sacrifice as people give up their individualism for their children (their worldview utterly rejects abortion).
The position of those embracing a post-liberal order is a far cry from the Reagan Republicans’ claim to want small government and free markets. The new ideologues want a strong government to enforce their religious values on American society, and they reject those of both parties who support democratic norms—for it is those very norms they see as destructive. They urge their leaders to “dare to rule.”
Those who call for a new post-liberal order want to “reconquer public institutions all over the United States,” as Christopher Rufo put it after Florida governor Ron DeSantis appointed him to the board of New College as part of a mission to turn the progressive school into a right-wing bastion. “If we can take this high-risk, high-reward gambit and turn it into a victory,” Rufo told Michelle Goldberg of the New York Times, “we’re going to see conservative state legislators starting to reconquer public institutions all over the United States.”
To spur that process, Republicans have turned to so-called culture wars, but as David Kurtz of Talking Points Memo notes, issues are becoming heated not in some vague way, but because Republicans are deliberately making normal processes partisan to destroy consensus about them. So, for example, Rufo pushed the idea that the legal framework “critical race theory” was being pushed in public agencies and public schools in order, he told Benjamin Wallace-Wells of the New Yorker, “to politicize the bureaucracy.” He hoped to “take some of these essentially corrupted state agencies and then contest them, and then create rival power centers within them.”
The Republican attacks on Bragg reflect this process. They are quite deliberately destroying public faith in the justice system, declaring Trump’s looming indictment a political attack even before we know what’s in it, and attributing the indictment to a single man—a Black man— rather than to a jury of ordinary citizens. That attack, as Raskin pointed out, is their own attempt to politicize the Department of Justice and then take it over.
It is important to understand the pattern behind these attacks on American institutions. They are not piecemeal; they are a larger attack on democracy itself.
Republicans are wrong, not only in their attacks on Bragg, but also in their premise that liberal democracy is immoral. It has not destroyed families or communities, or ended self-sacrifice: just the opposite.
The principles of liberal democracy made nineteenth-century writer Harriet Beecher Stowe turn her grief for her dead eighteen-month-old son into the best-selling novel Uncle Tom’s Cabin, which showed why no mother’s child should be sold away from her. It made Rose Herera sue her former enslaver for custody of her own children after the Civil War. It made Julia Ward Howe demand the right to vote so her abusive husband could not control her life any longer.
It made Black mathematician and naturalist Benjamin Banneker call out Thomas Jefferson for praising liberty while denying it to Black Americans; Sitting Bull defend the right of the Lakota to practice their own new religion, even though he did not believe in it; Saum Song Bo tell The New York Sun he was insulted by their request for money to build a pedestal for the Statue of Liberty when, three years before, the country had excluded people like him; Dr. Héctor García realize that Mexican Americans needed to be able to vote in order to protect themselves; Edward Roberts claim the right to get an education despite his physical paralysis; drag king Stormé DeLarverie throw the first punch at the Stonewall riot that jump-started the gay rights movement.
And self-sacrifice? Americans trying to push the United States to live up to its principles have always put themselves on the line for freedom rather than permitting democracy to fall to white supremacists or theocrats. As James Meredith recalled of his long struggle to desegregate the University of Mississippi in the 1960s: “My entire crusade at Ole Miss, you see, was a love story. It is a story about my love for America….”
—
Notes:



https://www.washingtonpost.com/opinions/2023/03/31/trump-indictment-gop-response-alvin-bragg/
https://drive.google.com/file/d/1W_diCqo6vhInRaca7CBmCN__BoWT2Mm9/view
https://www.latimes.com/opinion/story/2023-03-21/kevin-mccarthy-republicans-trump-indictment
https://www.cnn.com/2023/03/28/politics/trump-gop-investigations-backchannel/index.html
https://www.cnn.com/2023/03/21/politics/republicans-trump-playbook/index.html
https://www.axios.com/2023/04/01/under-fire-trump-builds-wall-in-congress
https://www.washingtonpost.com/opinions/2023/03/22/jim-jordan-alvin-bragg-trump-indictment-possible/
https://www.nytimes.com/2023/01/09/opinion/chris-rufo-florida-ron-desantis.html
https://talkingpointsmemo.com/morning-memo/stop-calling-it-the-culture-wars
Gladden Pappin, “Mirror of Princes,” Postliberal Order.
https://iusetiustitium.com/imperare-aude-dare-to-command/
Edward Feser, “Perfect World Disorder,” Postliberal Order.
George Fitzhugh, Cannibals All! Or, Slaves without Masters (Richmond, VA: A. Morris, 1857), 353–354.
James Meredith with William Doyle, A Mission from God: A Memoir and a Challenge for America (New York: Atria Books, 2012), pp. 185.
“To Thomas Jefferson from Benjamin Banneker, 19 August 1791,” Founders Online, National Archives.
https://www.thedailybeast.com/how-a-freed-slave-fought-for-her-kidnapped-children
March 31, 2023
March 31, 2023
The second Summit for Democracy organized by the White House concluded yesterday with an invitation to a third summit, to be held in Costa Rica later this year. The second summit was not just a United States party: its virtual sessions were co-hosted by Costa Rica, the Netherlands, South Korea, and Zambia. Over the course of three days, participants from more than 100 countries discussed ways to surge resources to reformers during democratic openings, address inequality, promote economic growth, combat corruption, advance the status of women, promote media freedom, encourage youth political participation, combat hate speech, strengthen unions, and defend the rule of law.
On Tuesday, President Joe Biden congratulated the attendees for helping to make democracy work, turning the tide against autocracies. In the U.S. he said, “we’ve demonstrated that our democracy can still do big things and deliver important progress for working Americans.” As ordinary Americans have seen lower costs for prescription drugs and health insurance premiums, progress on rebuilding infrastructure, innovation, and policies to address climate change, they have, Biden said, “resoundingly and roundly rejected the voices of extremism attacking and undermining our democracy.”
Biden highlighted the ways other countries are advancing democracy: Angola is trying to build an independent judiciary, the Dominican Republic and Croatia have combated corruption. Biden called out “many other countries…from countries taking the first steps toward reform to well-established democracies of people making real changes to protect and strengthen their democracy.” The work of democracy “has never been easy,” he said. It “is hard work. The work of democracy is never finished. It’s never laid down and that’s it, all you have to do. It must be protected constantly.”
He continued: “We have to continually renew our commitment, continually strengthen our institutions, root out corruption where we find it, seek to build consensus, and reject political violence, give hate and extremism no safe harbor.”
The U.S. has invested in global democracy by committing more than $1 billion to shore up government transparency and accountability, support media freedom, fight international corruption, defend elections, and promote technology that advances democracy. It intends, Biden says, to commit $9.5 billion over three years.
Protecting democracy, the president said, “is a defining challenge of our age.”
Today, Leslie B. Dubeck, the general counsel for the Manhattan district attorney’s office, wrote to Representatives Jim Jordan (R-OH), chair of the House Committee on the Judiciary; Bryan Steil (R-WI), chair of the House Committee on House Administration; and James Comer (R-KY), chair of the House Committee on Oversight and Accountability, to warn them that their attacks on Manhattan district attorney Alvin Bragg and his office were “unlawful political interference.”
Jordan, Steil, and Comer have tried to intervene in the district attorney’s investigation of former president Trump. Even before a grand jury of ordinary citizens voted to file charges against Trump, the three men demanded the district attorney share with them confidential information about the state of the investigation. The district attorney did not give it to them because, as Dubeck said, “our Office is legally constrained in how it publicly discusses pending criminal proceedings,… as you well know. That secrecy is critical to protecting the privacy of the target of any criminal investigation as well as the integrity of the independent grand jury’s proceedings,” she wrote.
She called their interference “unnecessary and unjustified” and reminded the men that Congress has no jurisdiction over individual criminal investigations. Nor does it have jurisdiction over state investigations. “The Committees’ attempted interference with an ongoing state criminal investigation—and now prosecution—is an unprecedented and illegitimate incursion on New York’s sovereign interests,” she wrote.
Dubeck noted that the men were reportedly working closely with Trump to attack the district attorney’s office and the grand jury process, making it seem that “you are acting more like criminal defense counsel trying to gather evidence for a client than a legislative body seeking to achieve a legitimate legislative objective.”
Dubeck noted that Trump has been threatening Bragg personally and warning that his indictment might unleash “death & destruction.” She pointed out that the three men, as committee chairs, “could use the stature of your office to denounce these attacks and urge respect for the fairness of our justice system and for the work of the impartial grand jury.” Instead, they and their colleagues were collaborating with Trump to attack the justice system as politically motivated. “We urge you to refrain from these inflammatory accusations, withdraw your demand for information, and let the criminal justice process proceed without unlawful political interference,” she wrote.
Dubeck concluded by noting that subpoenaing the district attorney for information about an ongoing state criminal prosecution, as they threatened to do, was “unprecedented and unconstitutional” and expressed hope they would “make a good-faith effort to reach a negotiated resolution.”
Also today, Delaware Superior Court Judge Eric Davis ruled in favor of Dominion Voting Systems in a key point of the company’s lawsuit against the Fox News Corporation for defamation. The ruling also established the central point for dismissing the story that Trump had won the 2020 election. Davis wrote—in italics—“The evidence developed in this civil proceeding demonstrates that [it] is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true.”
The Fox News Corporation had argued that the false statements of its hosts claiming that the voting system had thrown the 2020 presidential election to Biden were not defamatory because they were opinions. In his decision the judge went through the statements, calling out 20 occasions on which lies were stated as facts and similar occasions on which deliberately omitted material changed the meaning of what was presented.
The judge has determined that the hosts’ statements were false. Now the case will go to a jury trial in April to determine whether Fox hosts knew they were lying and whether Dominion sustained damages from the defamation. The company is suing for $1.6 billion.
In the last stop of her Africa visit, Vice President Kamala Harris today was in Zambia, which co-hosted this week’s Summit for Democracy. Neither Harris nor Biden will comment in any way about the impending indictment of the former president. At a press conference in Zambia’s capital, Lusaka, today, a reporter from the Wall Street Journal reminded Harris that she had “spoken about democracy and the rule of law at every stop in Africa,” and asked her to comment on news of the indictment.
When she declined, Zambian president Hakainde Hichilema stepped forward. “[L]et’s remove names from your question,” he said.
“Let’s put what we decided we will do to govern ourselves in an orderly manner. First, our constitutions, bedrock law. Then, secondary laws, other regulations create a platform or framework around which we agreed, either as Americans or as Zambians, to govern ourselves. And so, to live within those confines.
“And when there’s transgression against law, it does not matter who is involved. I think that is what the rule of law means.”
—
Notes:
https://www.npr.org/2023/03/28/1166422842/democracy-summit-us-linda-thomas-greenfield
https://www.state.gov/summit-for-democracy-2023/#OfficialEvents
https://drive.google.com/file/d/1W_diCqo6vhInRaca7CBmCN__BoWT2Mm9/view
https://courts.delaware is.gov/Opinions/Download.aspx?id=345820
https://talkingpointsmemo.com/news/judge-deals-fox-defeat-in-dominion-case
https://www.cnn.com/2023/03/31/media/fox-news-dominion-lawsuit/index.html
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