Heather Cox Richardson's Blog, page 167
January 26, 2023
January 26, 2023
The National Archives and Records Administration (NARA) today asked six former presidents and their vice presidents to look to see if they have any presidential records, including documents marked classified, in their possession. It sent the letters to representatives for former presidents Donald Trump, Barack Obama, George W. Bush, Bill Clinton, George H.W. Bush, and Ronald Reagan and former vice presidents Mike Pence, Joe Biden, Dick Cheney, Al Gore, and Dan Quayle. It did not make a similar request to former president Jimmy Carter because although he was the one who signed the Presidential Records Act into law, it did not go into effect until he left office.
This request illuminates the crucial importance in our society of disinformation: deliberate lies or misdirection to convince people of things that are not true.
At this point, documents bearing classification markings have turned up in the possession of Trump, Biden, and Pence. The NARA request suggests the possibility that other high-ranking officials also have documents that they are unaware they hold. Trump and his allies insist that the special counsel investigating him for potential criminal behavior means that he is being treated differently than the others, with the implication that he is being treated unfairly.
But the issue has never been about the documents themselves, although it is a problem that any of the former officials have documents marked classified. The issue was that NARA repeatedly asked Trump to produce documents it knew he had, and that he repeatedly refused even after being subpoenaed. Finally, the Department of Justice felt obliged to get a court order to search his property, and even now his lawyers refuse to sign off on paperwork saying he has turned in all the documents he stole. In contrast, Biden and Pence apparently did not know they had any documents with classified markings, alerted NARA as soon as they realized it, and have cooperated with authorities.
The cases are not the same.
For a long time now, the right wing has muddied the political waters by creating such confusion over things that should be clear—flooding the zone with sh*t, as Trump advisor Stephen Bannon put it—that people can’t figure out what is really going on.
An attempt to continue that strategy is what’s behind the House Republicans’ establishment of a select subcommittee on the “weaponization” of the federal government, positioned under the Committee on the Judiciary. The representatives Speaker Kevin McCarthy (R-CA) has put on that committee are grandstanders, and they have indicated they plan to argue that the Biden administration has politicized the government. Considering the representatives involved, we can expect lots of yelling and sound bites for right-wing media, designed to build the narrative they want their voters to believe.
But the truth is that it was the Trump administration that sought to weaponize the government against their perceived enemies. News broke today that Trump’s attorney general, William Barr, deliberately tried to use the Department of Justice to undermine the officials who had—according to the Justice Department’s own independent inspector general, Michael E. Horowitz—launched the Russia investigation properly and with good reason.
The story, by Charlie Savage, Adam Goldman, and Katie Benner in the New York Times, also told us more. After the report by Special Counsel Robert Mueller detailing contacts between the Trump campaign and Russian operatives came out, Barr consistently spun the information inaccurately to make the best possible case for Trump. He convinced many Americans to think that there was nothing between the Trump campaign and Russia, although in fact Mueller and the Senate Intelligence Committee’s report that came out afterward concluded the opposite.
Barr undermined not only the Mueller report but also the inspector general’s report, ignoring its findings and telling the press—inaccurately—that the FBI had opened the Russia investigation on the “thinnest of suspicions that, in my view, were insufficient,” or “without any basis.” (In fact, the FBI opened the inquiry when an Australian diplomat warned that a member of the Trump campaign had boasted that Russian operatives had “dirt” on Democratic candidate Hillary Clinton. Australia and the United States, along with Canada, New Zealand, and the United Kingdom, are part of an intelligence alliance known informally as Five Eyes. It was this information that Horowitz found compelling enough to open an investigation.)
After the Mueller report’s release, Barr appointed a special counsel, John Durham, to investigate the investigators. Durham used the very tactics of which the Republicans’ accused the Democrats, using bad information to try to get information on a private citizen. But no matter how hard he tried, he did not, in fact, turn up information indicating the investigators had conducted themselves improperly.
What Durham did find, though, were accusations from Italian officials that Trump himself might have engaged in financial crimes. The accusations were too serious for him and Barr to ignore. Barr authorized Durham’s inquiry to become a criminal inquiry, but here’s the kicker: when news of that new phase became public, Barr sat back as media spun the new criminal inquiry as proof of misbehavior on the part of those who had conducted the Russia inquiry. Trump even told followers that the criminals were former president Barack Obama, former vice president Joe Biden, and leading FBI and intelligence officials. The actual target of the criminal investigation was Trump himself.
In the end, Durham never found anything to contradict Inspector General Horowitz’s report saying the Russia investigation was begun properly, and the only cases he brought failed. But the cozy relationship between him and Barr violated department policy for special counsels, according to legal analyst Lisa Rubin, as they allegedly discussed the case frequently, including occasionally over drinks. A special counsel is supposed to be independent.
The New York Times article details how the Trump administration worked overtime to use the apparatus of government to convince the American people that there was nothing to the Russia investigation, although repeated reports said otherwise.
This story seems especially relevant in light of the arrest this week of Charles McGonigal, who was the special agent in charge of counterintelligence in the FBI's New York Field Office from 2016 to 2018 and, before that, was the section chief of the Cyber-Counterintelligence Coordination Section at FBI headquarters in Washington, D.C. McGonigal supervised and participated in investigations of Russian oligarchs. McGonigal is charged with working for Oleg Deripaska, a Russian oligarch close to Vladimir Putin. Deripaska was also a close associate of political operative Paul Manafort, who ran Donald Trump’s 2016 presidential campaign.
In a powerful Twitter thread today, scholar of authoritarianism Timothy Snyder noted that authorities, as well as the American people, have not taken the threat of Russian influence in our politics seriously enough. He pointed out that in 2016, McCarthy himself i said he thought Putin was paying Trump, and now, just after the McGonigal story broke, McCarthy threw Adam Schiff—who was key in chasing down Trump’s machinations over Ukraine—off the House intelligence committee. “Schiff is [an] expert on Russian influence operations,” Snyder wrote. “It exhibits carelessness about national security to exclude him. It is downright suspicious to exclude him now.”
Meanwhile, newly elected House Republican Cory Mills of Florida, endorsed by Trump, handed out defused grenades today on the floor of the House. Mills is an election denier who boasted on his website that he sold tear gas used on Black Lives Matter protesters. Mills accompanied the grenades with a note suggesting he was sending them because McCarthy has put him on the Armed Services and Foreign Affairs Committees.
But, as with most of the performances coming out of the right wing these days, that explanation seems intended to be misdirection. It’s impossible to ignore the threat wrapped up in handing a colleague a grenade.
—
Notes:
Lisa Rubin @lawofrubyOne of the most troubling aspects of NYT's reporting on the Durham investigation is now close Bill Barr was to that investigation. That's *not* what the Special Counsel regulations envision. At all. 1/7:49 PM ∙ Jan 26, 20237,492Likes1,862Retweets
Timothy Snyder @TimothyDSnyderIn April 2016, I broke the story of Trump and Putin, using Russian open sources. Afterwards, I heard vague intimations that something was awry in the FBI in New York, specifically counter-intelligence and cyber. We now have a suggestion as to why. 0/206:06 PM ∙ Jan 25, 202345,642Likes16,398Retweetshttps://www.washingtonpost.com/politics/2023/01/26/cory-mills-grenades-house/
https://www.nytimes.com/2023/01/26/us/politics/durham-trump-russia-barr.html
January 25, 2023
January 25, 2023
Democrats are generally staying out of the way and letting Speaker Kevin McCarthy and the House Republicans make a spectacle of themselves. In order to get the votes to become speaker, McCarthy had to give power to extremists like Marjorie Taylor Greene (R-GA), and now has openly brought her on board as a close advisor, making the extremists the face of the new MAGA Republican Party. If McCarthy appears to have abandoned principle for power by catering to the far right, Representative George Santos (R-NY) hasn’t helped: stories of his lies have mounted, and financial filings yesterday suggest quite serious financial improprieties.
Even the Senate Republicans seem to be keeping their heads down while the House Republicans perform for their base. Demanding big cuts in spending before they agree to raise the debt ceiling has put the House Republicans in a difficult spot. They have been clear that they intend to slash Social Security and Medicare, only to have Trump, who was the one who originally insisted on using the debt ceiling to get concessions out of Democrats, recognize that such cuts are enormously unpopular and say they should not touch Medicare and Social Security. Senate Republicans have said they will stay out of debt ceiling negotiations until the House Republicans come up with a viable plan.
While the House Republicans take up oxygen, the Democrats are highlighting for the American people how, over the past two years, they have carefully and methodically changed U.S. policy to stop the concentration of wealth and power in the hands of the few.
In July 2021, President Joe Biden signed an executive order to promote competition in the economy. Since the 1980s, he said, when right-wing legal theorist Robert Bork masterminded a pro-corporate legal revolution against antitrust laws, the government had stopped enforcing laws to prevent giant corporations from concentrating their power. The result had been less growth, weakened investment, fewer small businesses, less bargaining power for workers, and higher prices for consumers.
“[T]he experiment failed,” he said.
Biden vowed to change the direction of the government’s role in the economy, bringing back competition for small businesses, workers, and consumers. Very deliberately, he reclaimed the country’s long tradition of opposing economic consolidation. Calling out both presidents Roosevelt—Republican Theodore, who oversaw part of the Progressive Era, and Democrat Franklin, who oversaw the New Deal—Biden celebrated their attempt to rein in the power of big business, first by focusing on the abuses of those businesses and then by championing competition.
The administration put together a whole-of-government approach to restore competition based on the 72 separate actions outlined in Biden’s executive order. A terrific piece today by David Dayen in The American Prospect suggests that the effort has worked. Overall, Dayen concludes, the executive order of July 9, 2021, was “one of the most sweeping changes to domestic policy since FDR.”
While administrations since Reagan have judged whether consolidation is harmful solely by its effect on consumer prices, the Biden approach also factors in the welfare of workers, including their ability to negotiate higher wages. It has also taken on the sharing of medical patents that have raised costs of drugs and equipment like hearing aids by preventing others from entering the market. It has taken on large businesses’ strangling of start-up competitors simply by buying them out before they take off. And, crucially, it has claimed the ability to review previous mergers that it now deems in violation of antitrust laws, citing the 1911 breakup of Standard Oil.
Dayen notes that one of the causes for a sharp drop in mergers and acquisitions in the second half of 2022 is that government agencies are willing to enforce antitrust laws. “Just about everything on competition has been hard-fought,” he writes, “[b]ut there’s plenty of evidence of real movement.”
Not only government agencies, but also the Democratic Congress—along with some Republicans—passed a number of laws that have shifted the economic policy of the nation. Biden is fond of saying that he doesn’t believe in trickle-down economics and that he intends to build the economy from the bottom up and the middle out. New numbers suggest the policies of the past two years are doing just that.
The December jobs report from the Bureau of Labor Statistics showed that job growth continues strong. The country added 223,000 jobs in December, and the unemployment rate went down slightly to 3.5 percent. The last two years of job growth are the strongest on record, and the country has recovered all the jobs lost during the pandemic. According to the White House, 10.7 million jobs were created and a record 10.5 million small businesses’ applications were filed in the past two years.
On Monday the Wall Street Journal reported that median weekly earnings rose 7.4% last year, slightly faster than inflation. For Black Americans employed full time, the median rise was 11.3% over 2021. A median Hispanic or Latino worker’s income saw a 4.8% raise, to $837 a week. Young workers, between 16 and 24, saw their weekly income rise more than 10%. Also seeing close to a 10% weekly rise were those in the bottom tenth of wage earners, those making about $570 a week. The day after the Wall Street Journal’s roundup, Walmart, which employs 1.7 million people in the U.S., announced it would raise its minimum wage to $14 an hour, up from $12.
Democrats promised that the CHIPS and Science Act would bring “good paying” jobs to those without college degrees by investing in high-tech manufacturing. A study by the Brookings Institution out yesterday notes that the act has already attracted multibillion-dollar private investments in New York, Indiana, and Ohio and that two thirds of the jobs they will produce are accessible to those without college degrees. Those jobs do, in fact, pay better than most of those available for those without college degrees, although Brookings urged better investment in training programs to make workers ready for those jobs.
The Inflation Reduction Act gave Medicare the power to negotiate drug prices with pharmaceutical companies and capped the cost of insulin for those on Medicare at $35 a month (Republicans blocked an attempt to make that cap available for those not on Medicare). It made hearing aids available over the counter, making them dramatically cheaper, and it also expanded subsidies for the Affordable Care Act. Today the Department of Health and Human Services announced that a record number of Americans enrolled in the ACA in the last open enrollment period: 16.3 million people.
Greg Sargent of the Washington Post notes that much of the investment from these laws is going to Republican-dominated states even though their Republican lawmakers opposed the laws and voted against them. The clean energy investments of the Inflation Reduction Act are going largely to those states, bringing with them additional private investment. A solar panel factory is expanding into Greene’s own district despite her vocal opposition both to alternative energy and to the Inflation Reduction Act.
For 40 years the Republican Party offered a vision of America as a land of hyperindividualism, in which any government intervention in the economy was seen hampering the accumulation of wealth and thus as an attack on individual liberty. The government stopped working for ordinary Americans, and perhaps not surprisingly, many of them have stopped supporting it. Biden refused to engage with the Republicans on the terms of their cultural wars and has instead reclaimed the idea that government can actually work for the good of all by keeping the economic playing field level for everyone.
Biden and members of his administration are taking to the road to tout their successes to the country, especially to those places most skeptical of the government. If they can bring the Republican base around to support their economic policies, they will have realigned the nation as profoundly as did FDR and Theodore Roosevelt before them.
—
Notes:
https://www.nytimes.com/2023/01/23/us/politics/kevin-mccarthy-marjorie-taylor-greene.html
https://www.politico.com/news/2023/01/23/senate-republicans-kevin-mccarthy-debt-00079126
https://www.bls.gov/news.release/pdf/empsit.pdf
https://www.cnn.com/2023/01/24/business/walmart-raising-wages/index.html
https://prospect.org/economy/2023-01-25-pitched-battle-corporate-power/
https://www.washingtonpost.com/opinions/2023/01/25/biden-place-based-industrial-policy-muro/
January 24, 2023
January 24, 2023
The fact that former vice president Mike Pence’s lawyer disclosed on January 18, 2023, that Pence also had documents with classified markings at his Indiana home should tell us a couple of things.
First, the discovery suggests that it is apparently not uncommon for officials to find such documents among their papers, although the level of classification clearly matters. There have been complaints for a long time that people overuse classification in general at the lower levels. We do not know the level of classification of the documents found at the Biden and Pence residences, but it is possible to imagine lower-level documents slipped in among their papers when they were packed up to move from one office to another.
Indeed, former National Security Agency top lawyer Glenn Gerstell told Dustin Volz and Warren P. Strobel of the Wall Street Journal that problems arise when officials move in and out of office. “At the end of an administration there is obviously a desire, and a requirement, by the outgoing administration to remain active until the last minute,” he said. “You’re almost asking for trouble.”
Second, it highlights the difference between officials like Biden and Pence who inadvertently find such documents among their other papers and alert the National Archives and Research Administration (NARA), and those who stonewall NARA and the FBI, as Trump did. This distinction is really the crux of the difference between Biden and Pence, on the one hand, and Trump, on the other.
On January 18, Pence’s lawyer Greg Jacob wrote to the acting director of NARA that “a small number of documents bearing classified markings…were inadvertently boxed and transported to the personal home of the former Vice President at the end of the last Administration. Vice President Pence was unaware of the existence of sensitive or classified documents at his personal residence…and stands ready and willing to cooperate fully with the National Archives and any appropriate inquiry.”
The letter says that, after hearing about the discovery of documents marked classified in Biden’s possession, Pence, “out of an abundance of caution,” hired lawyers with experience in handling classified documents to look through records stored in his home. When they turned up such documents, they locked them up “pending further direction on proper handling from the National Archives.”
The letter ended: “Vice President Pence has directed his representatives to work with the National Archives to ensure their prompt and secure return. Vice President Pence appreciates the good work of the staff at the National Archives and trusts they will provide proper counsel in response to this letter.”
Law professor and legal commentator Ryan Goodman tweeted: “This is how you keep your client out of jail.” He added: “Like the known facts in Biden case, the strong contrast with Trump's conduct shows why Trump is in so much legal jeopardy and stands to be indicted.”
Today, Judge Robert McBurney, who oversaw the grand jury investigating Trump’s attempts to overturn the 2020 presidential vote in Georgia, heard arguments about whether to release the grand jury’s report. Fulton County district attorney Fani Willis urged McBurney not to release the report, for which many media outlets have been clamoring. “In this case, the state understands the media’s inquiry and the world’s interest. But we have to be mindful of protecting future defendants’ rights,” Willis said. She went on to say that decisions about charging individuals in that case are “imminent.”
That is, Willis signaled that her office is likely to indict certain people, and she worries that releasing the report will taint the trials.
Also today, Representative George Santos (R-NY) revised his financial reports to say that a $500,000 loan to his campaign did not, in fact, come from his personal funds. Nor did a $125,000 loan that had also previously been attributed to him, according to the new filings. But while that new paperwork said Santos did not, in fact, put up the money, it didn’t say where the funds did come from.
Santos’s troubles are pulling in Representative Elise Stefanik (R-NY), the powerful lawmaker who backed Santos during the campaign. Donors told Pamela Brown and Gregory Krieg of CNN that they supported the unknown Santos because of Stefanik’s endorsement and now feel betrayed. Santos’s extraordinary lies taint the Republicans as a whole in New York, while the conference’s determination to stand behind him to keep his vote in House speaker Kevin McCarthy’s weak majority ties the party to power rather than principle.
That drive for power is behind the so-called weaponization committee, put together by McCarthy to fulfill a promise to the right-wing extremists whose votes he needed to become speaker. This committee is the new House Select Subcommittee on the Weaponization of the Federal Government, placed with the Judiciary Committee, and Jim Jordan (R-OH) will chair it. Yesterday in The Bulwark, Jill Lawrence explained that the true goal of the committee is “shoveling paranoia and distortion into the news stream” to make right-wing voters distrust the government even more than they already do. David Jolly, a former Republican congressman from Florida who left the party in 2018, told Lawrence: “It’s a drug they’re going to put out on the street for conservative media and conservative voters.”
McCarthy released the names of the Republican committee members today. There was such interest from Republicans in participating that McCarthy has expanded the original fifteen members of the committee. So far, he has named 12 Republicans. Led by Jordan, they are dominated by extremists and seem likely to try mostly to get airtime on right-wing media, just as Lawrence and Jolly say.
McCarthy fulfilled another promise to the extremists today when he refused to seat Democratic representatives Adam Schiff (D-CA) and Eric Swalwell (D-CA) on the House Permanent Select Committee on Intelligence, saying that he appreciated the loyalty of House minority leader Hakeem Jeffries (D-NY) to his colleagues and continuing, “But I cannot put partisan loyalty ahead of national security, and I cannot simply recognize years of service as the sole criteria for membership on this essential committee. Integrity matters more.”
Because the Intelligence Committee is a select committee, McCarthy has the power to reject members. But this is a breach indeed. He wrote to Jeffries that, in his opinion, the use of the Intelligence Committee in the previous two congresses had made the nation “less safe.”
Under Schiff, who was chair in those congresses, the committee exposed that then-president Trump had withheld aid to Ukraine in order to pressure Ukraine president Volodymyr Zelensky to work with Trump to undermine then-candidate Joe Biden’s 2020 presidential run. Schiff then led the House’s impeachment case in the Senate trial.
During those impeachment hearings, Republicans tried to get Swalwell kicked off the committee after news broke that an accused foreign agent had raised money for his campaign in 2014 and put an intern in his House office. She had targeted a number of rising politicians but did not, apparently, do anything illegal or gain access to any classified information.
When informed by the FBI of concerns about the agent, Swalwell immediately cut ties with her and worked with the FBI. An FBI official said Swalwell was “completely cooperative” and “under no suspicion of wrongdoing.” To justify getting rid of Swalwell, McCarthy fell back on what he said was classified information the FBI had shared in a briefing, although other Republican colleagues who had been briefed at the time expressed no concerns then or later, and McCarthy did not express concerns about the other politicians the agent had targeted.
McCarthy apparently promised to go after Schiff and Swalwell as payback for the removal from all committee assignments—by bipartisan votes—of Marjorie Taylor Greene (R-GA) after it turned out she had endorsed violence against Democratic leaders, and of Paul Gosar (R-AZ) after he published an animated video showing himself attacking Biden and killing Representative Alexandria Ocasio-Cortez (D-NY).
Finally, another mass shooting on Monday took seven more lives. So far, 2023 is at an all-time high for mass shootings at this point in the calendar. California has been particularly hard hit in the past weeks, and today its governor, Gavin Newsom, called out Republicans for standing in the way of gun safety.
—
Notes:
https://www.washingtonpost.com/politics/2023/01/24/pence-classified-documents-home/
https://www.documentcloud.org/documents/23584916-gfj_01_18_2023_ltr_to_archives
https://www.axios.com/2023/01/24/mike-pence-classified-documents
Ryan Goodman @rgoodlawHere is VP Pence lawyer Greg Jacob's letter to National Archives Jan 18, 2023.👇This is how you keep your client out of jail.Like the known facts in Biden case, the strong contrast with Trump's conduct shows why Trump is in so much legal jeopardy and stands to be indicted. 
6:41 PM ∙ Jan 24, 20232,291Likes710Retweetshttps://www.thedailybeast.com/george-santos-admits-500k-personal-loan-to-campaign-wasnt-personal
https://www.cnn.com/2023/01/23/politics/elise-stefanik-george-santos-donors/index.html
https://www.thebulwark.com/what-the-weaponization-committee-is-really-after/
Kyle Cheney @kyledcheney12 names on this list … there are only supposed to be 15 members. Seems like they may only be giving Dems 3 seats on the “weaponization” committee, one of whom is required to be Nadler. 
Jordain Carney @jordaincNews: McCarthy names GOP “weaponization” subcommittee members: https://t.co/kFDT7uxN3P11:42 PM ∙ Jan 24, 2023267Likes92Retweets@HouseIntel Committee to one of genuine honesty and credibility that regains the trust of the American people. ","username":"SpeakerMcCarthy","name":"Kevin McCarthy","date":"Wed Jan 25 00:47:07 +0000 2023","photos":[{"img_url":"https://pbs.substack.com/media/FnR0WH...
Kevin McCarthy @SpeakerMcCarthyI have rejected the appointments of Adam Schiff and Eric Swalwell for the House Intelligence Committee.I am committed to returning the @HouseIntel Committee to one of genuine honesty and credibility that regains the trust of the American people. 
12:47 AM ∙ Jan 25, 202372,194Likes9,899Retweetshttps://www.politico.com/news/2021/03/18/eric-swalwell-fbi-christine-fang-477020
https://www.cnn.com/us/live-news/half-moon-bay-california-shooting-1-24-23/index.html
January 23, 2023
January 23, 2023
Today a jury found three members of the Oath Keepers gang, along with a fourth defendant associated with them, guilty of seditious conspiracy for their actions surrounding the January 6th insurrection in 2021. In October a different jury also found the founder of the Oath Keepers, Elmer Stewart Rhodes, as well as their Florida leader, Kelly Meggs, guilty of seditious conspiracy. Five members of another extremist gang, the Proud Boys, are currently on trial on that charge and others.
Today’s defendants, Joseph Hackett, 52; Roberto Minuta, 38; David Moerschel, 45; and Edward Vallejo, 64, were found guilty of a rack of other charges, too, but the seditious conspiracy charges are the biggies. Such indictments are rare and indicate a careful plot against our democracy. They are hard to prove. These six convictions—so far—are a big win for Attorney General Merrick Garland’s Justice Department.
At Talking Points Memo, Nicole Lafond notes that defense attorneys for the Oath Keepers argued that the fault for January 6th was not that of their clients. “Responsibility really rests at our politicians’ feet,” attorney Scott Weinberg said. “The president and Stewart Rhodes were claiming that the world is coming to an end even before the election.”
The House Select Committee to Investigate the January 6th Attack on the U.S. Capitol recommended that the Department of Justice consider criminal charges against former president Trump, the man behind the attempt to overturn the 2020 presidential election. It also called a number of his associates co-conspirators.
So far, those charges have not materialized, and Trump is running for president in 2024.
That campaign is off to a rocky start. Trump is supposed to kick it off next week in Columbia, South Carolina, but Michael Scherer and Josh Dawsey of the Washington Post report that he’s having trouble lining up politicians to show up. They’re not willing to indicate support for him yet.
Scherer and Dawsey note that South Carolina has two homegrown candidates, former governor Nikki Haley and current senator Tim Scott, who might want to run. In addition, Trump has recently alienated evangelicals—his formerly rock-solid base—by blaming them for his 2020 loss. It is also possible that his many legal troubles will catch fire, burning up his presidential chances. His secretary of state Mike Pompeo and national security advisor John Bolton are apparently testing the waters themselves, publicly needling each other. Bolton recently said Trump’s support is in “terminal decline,” and after Trump called former cabinet members considering a campaign “disloyal,” Pompeo told Fox News radio host Brian Kilmeade, “I never said I wouldn’t run.”
Another issue dropped today, huge in itself and at least tangentially related to the former president.
On Saturday, authorities from the Department of Justice arrested Charles McGonigal, 54, at JFK Airport as he returned from a trip to Sri Lanka. McGonigal worked for the FBI from 1996 to 2018.
On October 4, 2016, Federal Bureau of Investigation Director James Comey named McGonigal the head of counterintelligence for the FBI’s New York field office. As the special agent in charge, McGonigal supervised and participated in investigations of Russian oligarchs. Before that, he was the section chief of the Cyber-Counterintelligence Coordination Section at FBI headquarters in Washington, D.C.
Charges against McGonigal—who is one of the highest ranking FBI members ever charged with a crime—stem from his connection to Oleg Deripaska, a Russian oligarch close to Vladimir Putin. The United States sanctioned Deripaska in 2018 for working for the Russian state to destabilize Ukraine. Deripaska was also a close associate of political operative Paul Manafort, who ran Donald Trump’s 2016 presidential campaign. Manafort was convicted in 2018 of a number of crimes associated with his ties to Russia. Trump pardoned him.
McGonigal, along with Sergey Shestakov, a former Soviet and Russian diplomat who has worked as an interpreter for U.S. courts, is charged with violating sanctions by taking money from Deripaska to investigate one of his rivals, and with money laundering. In a separate indictment, McGonigal is accused of hiding multiple cash payments from a foreign intelligence official and of trying to get the sanctions on Deripaska removed.
As Marcy Wheeler of Emptywheel points out, the Department of Justice is pursuing this case so far as about public corruption, not about national security. But it is surely significant that the man who was supposed to be in charge of protecting the U.S. from Russian oligarchs went to work for one as soon as he left the FBI, and perhaps sooner. And that oligarch was connected to Trump’s 2016 campaign manager.
While there is a lot we still don’t know, we do know that in 2018, Comey told Congress he worried that officials in the FBI’s New York field office had given Trump ally Rudy Giuliani sensitive information in the last days of the 2016 election, after Giuliani had said so in front of television cameras. Giuliani made that claim in October, after McGonigal took over that office.
We know that Comey told investigators that he released news of the reopened investigation of Clinton’s emails—against Department of Justice policy, right before the election with voting already underway—out of concern that “people in New York” would leak that information. Former acting attorney general Sally Yates was clearer. She told the inspector general that Comey and other FBI officials “felt confident that the New York Field Office would leak it and that it would come out regardless of whether he advised Congress or not.”
We also know that after McGonigal left the FBI, he went to work for Brookfield Properties, the multibillion-dollar real-estate company in New York that handled the bailout of Jared Kushner’s 666 Fifth Avenue by a $1.1 billion, 99-year lease—all paid up front—thanks to the Qatar Investment Authority.
None of those things is currently on the table in the indictments, and they might not turn out to be significant. But my guess is that this case will continue to develop.
Prosecutors for the Southern District of New York told Magistrate Judge Sarah Cave that they had agreed with McGonigal’s attorney for him to be released on a $500,000 personal recognizance bond, co-signed by two other people.
Another prominent legal case touching on the Trump years wrapped up today when it took a jury only two hours to find another January 6 defendant guilty of all charges for which he was on trial. Richard “Bigo” Barnett, 62, of Gravette, Arkansas, who was photographed with his feet on then–House speaker Nancy Pelosi’s desk, was found guilty of civil disorder, obstruction of an official proceeding, carrying a dangerous weapon into a restricted building—he was the one with a stun gun in a walking stick—and five other counts. Barnett said he ended up in the speaker’s office by accident while he was looking for a bathroom.
And legal commentator Joyce White Vance of Civil Discourse points out that tomorrow, a judge in Fulton County, Georgia, will hold a hearing to decide whether to release the report of the grand jury that investigated Trump’s attempts to overturn the 2020 presidential election.
You can see why Republicans are nervous about leaping aboard the Trump train for 2024.
—
Notes:
https://www.cnn.com/2023/01/23/politics/oath-keepers-seditious-conspiracy-verdict/index.html
https://www.washingtonpost.com/politics/2023/01/22/trump-south-carolina-campaign/
https://www.rawstory.com/jpohn-bolton-mike-pompeo/
https://www.nytimes.com/2016/11/01/us/politics/fbi-russia-election-donald-trump.html
https://home.treasury.gov/news/press-releases/sm0338
https://www.justice.gov/opa/press-release/file/1563486/download
https://www.nytimes.com/2023/01/23/nyregion/fbi-money-laundering-charles-mcgonigal.html
https://www.rawstory.com/mike-pompeo-trump-2024/
https://www.washingtonpost.com/national-security/2023/01/23/mcgonigal-deripaska-indictment-fbi/
https://www.theatlantic.com/ideas/archive/2019/09/fbi-trump-comey/597523/
\https://www.cnn.com/2016/11/04/politics/rudy-giuliani-hillary-clinton-email-fbi/inde we x.html
https://www.emptywheel.net/2023/01/23/former-fbi-sac-indicted-for-crimes-spanning-from-2017-to-2021/
Joyce Alene @JoyceWhiteVanceToday (or tomorrow, depending on your time zone) is the day a judge in Fulton County, Georgia will hold a hearing on whether to release the report written by the investigative grand jury looking at Trump's efforts to influence the 2020 election. 
joycevance.substack.comGeorgiaDid the Fulton County, Georgia, grand jury recommend that District Attorney Fani Willis bring criminal charges against Donald Trump and some of his cronies? Today is the day, January 24, when all eyes, or at least those interested in holding the former president accountable for interfering in the 20…6:12 AM ∙ Jan 24, 2023613Likes136Retweets
Scott MacFarlane @MacFarlaneNewsOutside courthouse Bigo Barnett says he didn’t get a fair trial .. claiming he didn’t get a jury of his “peers”… I asked what that meant. And his attorney Joe McBride responded for Barnett 5:03 PM ∙ Jan 23, 20233,363Likes658Retweets
Civil Discourse with Joyce Vance GeorgiaDid the Fulton County, Georgia, grand jury recommend that District Attorney Fani Willis bring criminal charges against Donald Trump and some of his cronies? Today is the day, January 24, when all eyes, or at least those interested in holding the former president accountable for interfering in the 2020 election, will turn to Fulton County. As we’ve discus…Read morean hour ago · 72 likes · 5 comments · Joyce Vancehttps://www.cnn.com/2023/01/23/politics/fbi-official-charles-mcgonigal/index.html
January 22, 2023
January 22, 2023
We need to put on the record another public mass shooting over the weekend. It happened in Monterey Park, California, last night, when a gunman killed ten people and wounded ten others.
This morning, a shooter in Baton Rouge, Louisiana, injured twelve people in what appears to have been a targeted attack at a nightclub, and this afternoon, in another targeted attack, a gunman wounded eight people in Shreveport, Louisiana.
This was not the picture I intended to post tonight, but it seems appropriate.
Again.
[Photo, “Peace,” by Peter Ralston]
Notes:
Peter and Terri Ralston can be found at their studio in Rockport, Maine, or here: https://www.ralstongallery.com/
January 21, 2023
January 21, 2023
Tomorrow marks the fiftieth anniversary of the Roe v. Wade decision. On January 22, 1973, the Supreme Court decided that for the first trimester of a pregnancy, “the attending physician, in consultation with his patient, is free to determine, without regulation by the State, that, in his medical judgment, the patient's pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State.”
It went on: “With respect to the State's important and legitimate interest in potential life, the ‘compelling’ point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to [prohibit] abortion during that period, except when it is necessary to preserve the life or health of the mother.”
The wording of that decision, giving power to physicians—who were presumed to be male—to determine with a patient whether the patient’s pregnancy should be terminated, shows the roots of the Roe v. Wade decision in a public health crisis.
Abortion had been a part of American life since its inception, but states began to criminalize abortion in the 1870s. By 1960, an observer estimated, there were between 200,000 and 1.2 million illegal U.S. abortions a year, endangering women, primarily poor ones who could not afford a workaround.
To stem this public health crisis, doctors wanted to decriminalize abortion and keep it between a woman and her doctor. In the 1960s, states began to decriminalize abortion on this medical model, and support for abortion rights grew.
The rising women's movement wanted women to have control over their lives. Its leaders were latecomers to the reproductive rights movement, but they came to see reproductive rights as key to self-determination. In 1969, activist Betty Friedan told a medical abortion meeting: “[M]y only claim to be here, is our belated recognition, if you will, that there is no freedom, no equality, no full human dignity and personhood possible for women until we assert and demand the control over our own bodies, over our own reproductive process….”
In 1971, even the evangelical Southern Baptist Convention agreed that abortion should be legal in some cases, and vowed to work for modernization. Their convention that year reiterated the “belief that society has a responsibility to affirm through the laws of the state a high view of the sanctity of human life, including fetal life, in order to protect those who cannot protect themselves” but also called on “Southern Baptists to work for legislation that will allow the possibility of abortion under such conditions as rape, incest, clear evidence of severe fetal deformity, and carefully ascertained evidence of the likelihood of damage to the emotional, mental, and physical health of the mother.”
By 1972, Gallup pollsters reported that 64% of Americans agreed that abortion should be between a woman and her doctor. Sixty-eight percent of Republicans, who had always liked family planning, agreed, as did 59% of Democrats.
In keeping with that sentiment, in 1973 the Supreme Court, under Republican Chief Justice Warren Burger, in a decision written by Republican Harry Blackmun, decided Roe v. Wade, legalizing first-trimester abortion.
The common story is that Roe sparked a backlash. But legal scholars Linda Greenhouse and Reva Siegel showed that opposition to the eventual Roe v. Wade decision began in 1972—the year before the decision—and that it was a deliberate attempt to polarize American politics.
In 1972, President Richard Nixon was up for reelection, and he and his people were paranoid that he would lose. His adviser Pat Buchanan was a Goldwater man who wanted to destroy the popular New Deal state that regulated the economy and protected social welfare and civil rights. To that end, he believed Democrats and traditional Republicans must be kept from power and Nixon must win reelection.
Catholics, who opposed abortion and believed that “the right of innocent human beings to life is sacred,” tended to vote for Democratic candidates. Buchanan, who was a Catholic himself, urged Nixon to woo Catholic Democrats before the 1972 election over the issue of abortion. In 1970, Nixon had directed U.S. military hospitals to perform abortions regardless of state law, but in 1971, using Catholic language, he reversed course to split the Democrats, citing his personal belief “in the sanctity of human life—including the life of the yet unborn.”
Although Nixon and Democratic nominee George McGovern had similar stances on abortion, Nixon and Buchanan defined McGovern as the candidate of “Acid, Amnesty, and Abortion,” a radical framing designed to alienate traditionalists.
As Nixon split the U.S. in two to rally voters, his supporters used abortion to stand in for women's rights in general. Railing against the Equal Rights Amendment, in her first statement on abortion in 1972, activist Phyllis Schlafly did not talk about fetuses: “Women’s lib is a total assault on the role of the American woman as wife and mother and on the family as the basic unit of society. Women’s libbers are trying to make wives and mothers unhappy with their career, make them feel that they are ‘second-class citizens’ and ‘abject slaves.’ Women’s libbers are promoting free sex instead of the ‘slavery’ of marriage. They are promoting Federal ‘day-care centers’ for babies instead of homes. They are promoting abortions instead of families.”
A dozen years later, sociologist Kristin Luker discovered that “pro-life” activists believed that selfish “pro-choice” women were denigrating the roles of wife and mother. They wanted an active government to give them rights they didn't need or deserve.
By 1988, radio provocateur Rush Limbaugh demonized women’s rights advocates as “feminazis” for whom “the most important thing in life is ensuring that as many abortions as possible occur.” The complicated issue of abortion had become a proxy for a way to denigrate the political opponents of the radicalizing Republican Party.
Such threats turned out Republican voters, especially the evangelical base. But support for safe and legal abortion has always been strong. Today, notwithstanding that it was overturned in June 2022 by a Supreme Court radicalized under Republican presidents since Nixon, about 62% of Americans support the guidelines laid down in Roe v. Wade, about the same percentage that supported it fifty years ago, when it became law.
—
Notes:
https://news.gallup.com/poll/350804/americans-opposed-overturning-roe-wade.aspx
Linda Greenhouse and Reva B. Siegel, “Before (and After) Roe v. Wade: New Questions About Backlash,” The Yale Law Journal, 120 (June 2011): 2028–2087, at https://www.jstor.org/stable/41149586
https://awpc.cattcenter.iastate.edu/2016/02/02/whats-wrong-with-equal-rights-for-women-1972/
https://www.nytimes.com/interactive/2023/01/21/us/abortion-ban-exceptions.html
https://www.law.cornell.edu/supremecourt/text/410/113
https://www.washingtonpost.com/history/2022/05/15/abortion-history-founders-alito/
Kristin Luker, Abortion and the Politics of Motherhood (University of California Press, 198).
January 20, 2023
January 20, 2023 (Friday)
Tonight’s letter was supposed to be a photo, but then it turned into just a few things I didn’t want to miss, and now it’s a sort of roundup of a whole lot of stories. TGIF, I guess.
After last night’s sanction of almost a million dollars in a frivolous lawsuit, Trump dropped a similar lawsuit today against New York attorney general Letitia James. That lawsuit has been widely interpreted as his attempt to make James abandon the $250 million civil lawsuit against Trump and the Trump Organization. But it, like the one that yesterday cost him and his lawyer close to a million dollars, was assigned to Judge Donald Middlebrooks, and as MSNBC legal analyst Lisa Rubin put it, Trump “folded. That decision was perhaps driven by lawyers who can’t afford a massive sanctions award either reputationally or financially. But it’s weird to see Trump basically concede.”
Trump also backed off on his previous threats to use the debt ceiling to extract concessions from Democrats. Yesterday, he released a video warning House Republicans not to cut Social Security or Medicare, although those are the main things Republicans have thrown on the table. Trump is clearly bowing to popular support for those programs, but he is abandoning House Republicans after pushing them to take this stand.
The troubles of the House Republicans continue to mount. Just as Speaker Kevin McCarthy (R-CA) announced the House would end proxy voting, Representative Greg Steube (R-FL) fell 25 feet from a ladder at his home and is now in the hospital, cutting McCarthy’s already slim majority.
Representative George Santos (R-NY) is still in Congress, for the moment anyway, and he continues to embarrass the Republicans. After insisting that reports he was a drag queen in Brazil were lies, it turns out that Santos himself apparently posted that information on Wikipedia. The party that has spent months grabbing headlines by attacking drag queens is now represented by one in Congress.
In the same Wikipedia article, he appeared to claim he was an actor on the Disney Channel show Hannah Montana.
Representative Bill Foster (D-IL), an award-winning physicist who holds a PhD from Harvard, trolled Santos today in a way that powerfully demonstrated the current difference between the two parties. In response to the news that House speaker Kevin McCarthy has put Santos on the House Science Committee, Foster tweeted: “As the only recipient of the Wilson Prize for High-Energy Particle Accelerator Physics serving in Congress, it can get lonely. Not anymore!... I’m thrilled to be joined on the Science Committee by my Republican colleague Dr. George Santos, winner of not only the Nobel Prize, but also the Fields Medal—the top prize in Mathematics—for his groundbreaking work with imaginary numbers.”
Representative Jim Jordan (R-OH) has celebrated his elevation to the chair of the House Judiciary Committee with a flurry of requests to the Department of Justice for information about the FBI, the Department of Justice, and the investigation of the events of January 6, 2021, in which Jordan himself was implicated. But a response today from the DOJ reminded Jordan that the department could not share information about ongoing investigations and that it would need clear information about what, exactly, he hoped to investigate rather than blanket demands. Then Assistant Attorney General Carlos Uriarte assured him that the department “stands ready to provide expertise as the Committee considers potential legislation,” an apparent suggestion that Jordan recall what his constituents elected him to do.
“The Administration’s stonewalling must stop,” Jordan tweeted after receiving the letter, but it is notable that Jordan himself refused to answer a subpoena from the bipartisan House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. McCarthy ignored one too.
The White House today followed up on McCarthy’s posturing over the debt ceiling with a statement that while Biden “looks forward to meeting with Speaker McCarthy to discuss a range of issues,” “raising the raising the debt ceiling is not a negotiation; it is an obligation of this country and its leaders to avoid economic chaos. Congress has always done it, and the President expects them to do their duty once again. That is not negotiable.”
It went on to say that while the president looked forward to learning more about the Republicans’ plans to cut Social Security and Medicare and impose a 30% national sales tax, he was interested in telling McCarthy and his allies about strengthening retirement plans, investing in key priorities, and funding it all by “making the wealthy and big corporations pay their fair share.”
“We are going to have a clear debate on two different visions for the country—one that cuts Social Security, and one that protects it,” the White House said, “and the President is happy to discuss that with the Speaker.”
Finally, Treasury Secretary Janet Yellen is in Africa for a ten-day visit during which she will urge greater connection between African countries and the U.S., hoping to build stronger ties with the continent than it develops with China or Russia. Africa has about 30% of the world’s reserves of minerals that are crucial to helping the modern world transition to green energy. So far, the Biden administration’s offer of partnership appears attractive, especially in the face of what appears to be a more exploitive model exercised by China and Russia. Both countries have sent representatives to travel around the continent while Yellen is there.
—
Notes:
Lisa Rubin @lawofrubyThis morning, Trump withdrew his Florida lawsuit against NY Attorney General Tish James, a move many saw as his Hail Mary bid to end the AG's $250 million civil lawsuit against the Trump organization and various individuals, including Trump himself. The question is why? 1/ 
3:34 PM ∙ Jan 20, 20236,639Likes1,188Retweets
Congressman Bill Foster @RepBillFosterI'm thrilled to be joined on the Science Committee by my Republican colleague Dr. George Santos, winner of not only the Nobel Prize, but also the Fields Medal - the top prize in Mathematics - for his groundbreaking work with imaginary numbers. 
axios.comRep. George Santos gets House committee seats despite blowback for major lies on resumeBoth Republicans and Democrats have called on Santos to resign.2:52 AM ∙ Jan 20, 202320,829Likes3,260Retweetshttps://www.axios.com/2023/01/19/attendance-house-republicans-proxy-voting-mccarthy
https://www.washingtonpost.com/politics/2023/01/18/greg-steube-injuries-fall/
https://www.axios.com/2023/01/19/janet-yellen-africa-speech-senegal
https://www.cnn.com/2023/01/20/politics/justice-department-jim-jordan/index.html
https://www.politico.com/f/?id=00000185-d087-dde8-a9af-d4afeba70000
January 19, 2023
January 19, 2023
As Treasury Secretary Janet Yellen warned would happen today, the U.S. hit the debt ceiling, although it can avoid default for a few months with what Yellen calls “extraordinary measures.” These consist primarily of suspending government pension investments, which will have to be made whole again when the ceiling has been increased or suspended.
Most of the media discussions of the crisis this morning focused on whether the Democrats would agree to negotiate with the hard-right Republicans, who want cuts to domestic spending before they will agree to raise the debt ceiling to access money that Congress has already appropriated.
It jumped out at me that virtually no one was talking about the fact that there are two ways to deal with unwanted deficits: cutting expenditures, yes, but also…raising revenue. Indeed, raising revenue to pay for appropriations has historically been the first option. And yet, since 1981, the Republicans have made cutting taxes the centerpiece of their economic policy, arguing that putting more money in the hands of the “makers,” rather than the “takers,” will enable those makers to invest in production and hire more workers, thus expanding the economy.
But forty years of so-called supply-side economics have demonstrated that this system does not, in fact, create extraordinary economic growth. Instead, it moves wealth upward, really quite dramatically, and creates deficits. Indeed, one of the reasons we need an increase in the debt ceiling is that the 2017 Trump tax cuts, especially the cut in the corporate tax rate from 35% to 21%, dramatically increased the deficit without promoting growth. The nonpartisan Congressional Budget Office estimated in 2018 that the tax cuts would increase the deficit by about $1.9 trillion over 11 years.
It seems like repealing those 2017 tax cuts, at least, would be factoring into discussions of addressing the deficit.
Today the Supreme Court released a statement about the investigation it was conducting into the leak of the Dobbs v. Jackson Women’s Health Organization decision last May. That decision overturned Roe v. Wade, which recognized the constitutional right to abortion, and provoked a firestorm when it was published in Politico on May 2. The court vowed to find the leaker.
At the time, right-wing activists blamed their opponents for the leak, but pro-choice observers noted that the leak was more likely to have come from the right as part of an attempt to make sure the justices felt locked in to what was a more extreme position than some of them had indicated they wanted to take. Indeed, the final decision did not significantly change the leaked draft.
In November, news broke that the Reverend Rob Schenck, once an antiabortion activist, had told Chief Justice John Roberts that he learned in advance of another decision important to evangelicals, the 2014 Burwell v. Hobby Lobby decision denying that employee health plans had to include contraception. In that case, the information came to him after a colleague had dinner with Justice Samuel Alito and his wife. Alito wrote the Hobby Lobby decision. He also wrote the Dobbs decision.
That information suggests that any investigators eager to get to the bottom of the leak should have talked to the justices themselves, but it is unclear if anyone did. According to the statement, this investigation focused on “Court personnel—temporary (law clerks) and permanent employees—who had or may have had access to the draft opinion….” The report implies that the leak came from an employee, although employees voluntarily turned over their phones, which showed nothing relevant. An examination of their computer searches also turned up nothing “suspicious or relevant.” Each employee signed a sworn affidavit, under threat of perjury, that they did not leak the decision, although some admitted they had told their spouse what it said.
After 126 interviews with 97 employees, the report says, the investigation turned up no leads on who the leaker was, although it did establish that the leak did not come from an external hack of the court’s electronic systems.
Although the source of the leak remains unknown, right-wing figures continue to imply it came from an opponent of the decision. Senator Josh Hawley (R-MO) tweeted, “Someone ought to resign for this,” and former president Trump called for throwing the reporter who published the story in jail until they identified the leaker. “Arrest the reporter, publisher, editor—you’ll get your answer fast.”
White House spokesperson Andrew Bates responded: “The freedom of the press is part of the bedrock of American democracy…. Calling for egregious abuses of power in order to suppress the Constitutional rights of reporters is an insult to the rule of law and undermines fundamental American values and traditions.”
Also today, Judge Donald Middlebrooks of the United States District Court for the Southern District of Florida hammered Trump, his lawyer Alina Habba, and her law firm Habba Madaio & Associates with a bill of $937,989.39 for attorneys’ fees and costs after they filed a lawsuit the court found to be “completely frivolous” and a bad-faith use of the court system.
The lawsuit, filed last March over the “Russia Hoax,” alleged that Hillary Clinton and a number of the other people Trump generally attacked in his rallies had “orchestrated a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hope of destroying his life, his political career, and rigging the 2016 Presidential Election in favor of Hillary Clinton.”
The lawsuit was dismissed and the defendants filed for sanctions. “This case should never have been brought,” the judge wrote. “Its inadequacy as a legal claim was evident from the start. No reasonable lawyer would have filed it. Intended for a political purpose, none of the counts of the amended complaint stated a cognizable legal claim.” The judge laid out the “telltale signs” of Trump’s “playbook”: “Provocative and boastful rhetoric; a political narrative carried over from rallies; attacks on political opponents and the news media; disregard for legal principles and precedent; and fundraising and payments to lawyers from political action committees.”
Judge Middlebrooks wrote: “Thirty-one individuals and entities were needlessly harmed in order to dishonestly advance a political narrative. A continuing pattern of misuse of the courts by Mr. Trump and his lawyers undermines the rule of law, portrays judges as partisans, and diverts resources from those who have suffered actual legal harm.” The sanctions against Trump and Habba were intended to discourage similar behavior in the future.
Also today, in the ongoing saga of Representative George Santos (R-NY), a drag queen in Brazil has recently identified Santos as drag queen Kitara Ravache, who performed in Brazil about ten years ago. Although Brazilian drag queen Eula Rochard has provided pictures, Santos calls the allegations “categorically false…. The media continues to make outrageous claims about my life while I am working to deliver results,” he said.
Finally, today, Representative Adam Schiff (D-CA) introduced a constitutional amendment to the House to overturn the 2010 Citizens United v. Federal Election Commission Supreme Court decision that opened the floodgates for dark money to swamp our elections. The proposed amendment protects freedom of the press but permits Congress and the states to impose nonpartisan regulations on political fundraising, support public campaign financing, and “distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections.”
I am struck today by how language—its silences, obfuscations, truths, lies, and hopes—shapes our world.
—
Notes:
https://home.treasury.gov/system/files/136/Debt-Limit-Letter-to-Congress-20230119-McCarthy.pdf
Mueller, She Wrote @MuellerSheWroteThe extra fun part is that trump ALSO sued Tish James. Once again, he filed in Florida hoping to get Aileen Cannon. But once again, it was assigned to Middlebrooks! Once that frivolous suit is dismissed, I expect Tish James will file sanctions, too. 3/2:32 AM ∙ Jan 20, 20234,760Likes405Retweetshttps://www.nytimes.com/2022/11/19/us/supreme-court-leak-abortion-roe-wade.html
https://www.supremecourt.gov/publicinfo/press/Dobbs_Public_Report_January_19_2023.pdf
https://www.washingtonpost.com/business/2021/01/14/trump-legacy-national-debt-increasee/
https://storage.courtlistener.com/recap/gov.uscourts.flsd.610157/gov.uscourts.flsd.610157.302.0.pdf
https://abcnews.go.com/US/santos-lauded-floridas-dont-gay-bill-denies-claims/story?id=96534392
Adam Schiff @RepAdamSchiffBREAKING: We've introduced a constitutional amendment to overturn Citizens United and the irresponsible SCOTUS decisions that came before it. Unrestricted dark money has no place in our elections or democracy. We need to return power to people. Once and for all. 
4:14 PM ∙ Jan 19, 202354,298Likes12,933Retweets
January 18, 2023
January 18, 2023
One of the promises House speaker Kevin McCarthy (R-CA) made to the extremist members of the Republican conference to win his position was that he would let them bring the so-called Fair Tax Act to the House floor for a vote. On January 8, Representative Earl “Buddy” Carter (R-GA) introduced the measure into Congress.
The measure repeals all existing income taxes, payroll taxes, and estate and gift taxes, replacing them with a flat national sales tax of 30% on all purchased goods, rents, and services (which its advocates nonsensically call a 23% tax because, as Bloomberg opinion writer Matthew Yglesias explains their thinking: “if something sells for $100 plus $30 in tax, then it’s a 23% tax—because $30 is 23% of $130”). The measure abolishes the Internal Revenue Service, leaving it up to the states to administer the tax.
The bill says the measure will “promote freedom, fairness, and economic opportunity.” But a 30% sales tax on everything doesn’t seem to do much for fairness or economic opportunity for all, since it would, of course, hit Americans with less money to spend far harder than it would Americans with more money to spend. And the end of income, gift, and estate taxes would be a windfall for the wealthy.
Such a bill is not going to pass this Congress, and if it did, President Biden would not sign it. Two days after Carter introduced the measure, Biden said to the press: “National sales tax, that’s a great idea. It would raise taxes on the middle class by taxing thousands of everyday items from groceries to gas, while cutting taxes for the wealthiest Americans.” He promised he would never agree to any such legislation.
But the measure is illuminating. It explicitly rejects the position, and the principles, of the original Republican Party.
Members of the Republican Party invented the U.S. income tax during the Civil War, and they created the precursor to the IRS to collect it. To find money to fight the war, they raised tariffs on common products but immediately turned to the novel idea of an income tax, and a graduated one at that, to make sure that “the burdens will be more equalized on all classes of the community, more especially on those who are able to bear them,” as Senator William Pitt Fessenden (R-ME) put it.
Justin Smith Morrill (R-VT) agreed. “The weight [of] taxation must be distributed equally,” he said, “Not upon each man an equal amount, but a tax proportionate to his ability to pay.”
The Republicans then quite deliberately constructed a national system for collecting the new taxes. In the midst of the Civil War, they urged their colleagues to imagine what would happen if a disloyal state were permitted to manage the collection itself. A Democratic legislature could simply refuse, and the government might perish for lack of funds to support the troops. The government had a right to “demand” 99 percent of a man’s property for an urgent necessity, Morrill said. When the public required it, “the property of the people…belongs to the Government.”
Today’s Republicans are taking a position opposite to the one that the men who formed the Republican Party did during the Civil War. They want to get rid of the income tax and put state governments in charge of the nation’s revenue system. Wording in the measure suggests that this change is because state governments have expertise in sales taxes, but it is no accident that the plan dismantles the federal system that Civil War Republicans accurately noted gives Americans “a sense of personal responsibility in the safety and stability of the nation.”
This radical tax bill strikes a blow for states’ rights, much as the southern leaders the original Republicans stood against did in the 1860s. It is far easier for a minority to take over a state and impose its will on a majority there than it is to do the same at the national level. And Republicans are definitely working to cement their control in the states.
In The Nation yesterday, Joan Walsh pulled together some of the many stories of voter suppression that have come lately from Republican-dominated states. Former Georgia Senator Kelly Loeffler recently noted that her state’s 2021 law cutting way back on mail-in ballots helped elect Republicans: Walsh points out that mail-in ballots dropped by 81% between 2020 and 2022, and Black voter turnout dropped.
Robert Spindell, an election commissioner in Wisconsin who was one of Trump’s fake electors in 2020, wrote an email to about 1700 people saying that Republicans “can be especially proud of the City of Milwaukee (80.2% Dem Vote) casting 37,000 less votes than cast in the 2018 election with the major reduction happening in the overwhelming Black and Hispanic areas.” Senator Ron Johnson won reelection in that race over Democratic candidate Mandela Barnes, who is from Milwaukee, by about 27,000 votes.
In Florida, Missouri, and Ohio, Republican lawmakers are trying to make it harder for citizens to use ballot initiatives, as progressive policies like Medicaid expansion, the legalization of marijuana, hikes in the minimum wage, abortion rights, and redistricting by independent commissions have all turned out to be popular.
And on Monday, in New Mexico, Solomon Peña, an unsuccessful Republican candidate for the state legislature last year, was arrested for allegedly hiring men to shoot at the homes of four Democratic elected officials.
By taking control of the states, Republicans can impose their will. Centering taxation there, rather than the federal government, is one more way to try to make people conform to their worldview.
Tucked inside the proposed tax measure is broad government oversight of a state’s poorer citizens. It provides an option for “qualified” families to get a rebate, but each member of the household must be registered annually with the state. Every member of the family over the age of 21 must certify in writing that all family members have been listed, that they are all legal residents of the U.S., and that none “were incarcerated on the family determination date.” Incarceration is defined as anyone “incarcerated in a local, State, or Federal jail, prison, mental hospital, or other institution.”
This measure will not pass in this Congress, but it is striking proof that the modern Republican Party has abandoned not only its original principles, but even its more recent philosophy of “freedom” from an intrusive government.
—
Notes:
https://www.wpr.org/election-results-wisconsin-senate-ron-johnson-mandela-barnes
https://www.thenation.com/article/politics/georgia-republicans-kelly-loeffler/
https://buddycarter.house.gov/uploadedfiles/text_fairtax_act_118th.pdf
https://www.npr.org/2023/01/17/1149464953/new-mexico-shooting-politicians-solomon-pena
January 17, 2023
January 17, 2023
Today the bill for the elevation of Kevin McCarthy (R-CA) to House speaker began to come due. McCarthy promised the far-right members of his conference committee seats and far more power in Congress to persuade them to vote for him.
Now they are collecting.
Representative Marjorie Taylor Greene (R-GA), who was removed from committee assignments in the last Congress for her racist and antisemitic conspiracy theories as well as her encouragement of violence against Democrats, has a spot on the Homeland Security Committee. Such spots are usually filled by those with experience in either the military or intelligence, neither of which she has. And security is an odd fit for her: voters in her district tried to get her disqualified from running in 2022 because of her participation in the attempt to overthrow the results of the 2020 election.
Greene has not just that plum assignment, but another on the House Oversight and Accountability Committee. That committee manages investigations and has emerged as a coveted spot for the far right as its members prepare to go after figures in the Biden administration. It now includes right-wing figures Greene, Lauren Boebert (R-CO), Scott Perry (R-PA), Byron Donalds (R-FL), and Gary Palmer (R-AL), all of whom refused to acknowledge President Joe Biden’s 2020 election.
Representative Paul Gosar (R-AZ), who was removed from committees two years ago after threatening Democratic lawmakers on social media, is now back on the Natural Resources committee. He also is now on the Oversight Committee.
The elevation of newer representatives over their more senior colleagues caused hard feelings. Tara Palmeri of Puck reported today that Vern Buchanan (R-FL), who was in line to become the chair of the House Ways and Means Committee, confronted McCarthy for putting McCarthy ally Jason Smith (R-MO) in the spot instead. “You f*cked me, I know it was you, you whipped against me,” Buchanan told McCarthy.
There were rumors that Buchanan would consider resigning over the slight, and McCarthy cannot afford to lose any Republicans. His desperation is clear in his embrace of George Santos (R-NY), whom McCarthy appointed to two committees: the House Committee on Small Business and the House Committee on Science, Space and Technology. Santos is facing pressure to resign as his campaign lies appear to include shady financing.
But in an op-ed today at NBC News, Santos’s fellow New York representative Democrat Ritchie Torres noted: The presence of this man in Congress is a danger to our democracy and national security, a disgrace to this institution, and a major distraction from the pressing problems that are far more worthy of our time, energy and attention,” but the Republican Party will not disavow him because “House Speaker Kevin McCarthy needs every vote he can get, and he needs George Santos to remain in power.”
House Republicans also appear to be prepared to move forward with an impeachment of Secretary of Homeland Security Alejandro Mayorkas. This is part of the Republican focus on applications for asylum at the southern border despite their recent refusal to consider updating legislation, as Mayorkas has repeatedly asked them to. Only once before has a Cabinet secretary been impeached—in 1876—and he was acquitted by the Senate. Two others resigned before impeachment votes were taken, the most recent in 1932.
Greene has her sights set even higher. She called today for the impeachment of President Biden, advising him on Twitter to “resign now.”
McCarthy also agreed that he would not agree to raise the debt ceiling unless Congress cuts $130 billion in spending for next year, a demand that amounts to taking the nation and the world economy hostage to overturn measures that Congress has already agreed to. Once again, the debt ceiling is not about future spending, it is about paying the debts Congress has already incurred. Refusing to raise the debt ceiling means the United States will default, wreaking havoc on international markets and our own global standing.
But the right wing appears willing to burn down the global economy and to destroy our place in it to impose their will on the country.
Emboldened, the far right is already insisting it will not raise the debt ceiling. Today, Andy Biggs (R-AZ), who was involved in the planning for January 6, tweeted, “We cannot raise the debt ceiling. Democrats have carelessly spent our taxpayer money and devalued our currency. They’ve made their bed, so they must lie in it.”
In fact, the national debt skyrocketed under Republican president Donald Trump even before the pandemic, thanks to the big tax cuts for corporations and the wealthy that the nonpartisan Congressional Budget Office estimated would increase deficits by almost $2 trillion over eleven years. In 2019, before the coronavirus pandemic hit, the debt had grown to $22 trillion. Trump called it a crisis, but his budget that year increased the debt to $23.2 trillion. The CBO warned that the U.S. had never seen deficits so large in a time of high employment.
And then the coronavirus hit, and the debt jumped to $27.75 trillion.
At 5.2% of GDP, the growth of the deficit under Trump was third largest in our history, behind only that under Presidents George W. Bush—who launched two unfunded wars after passing a tax cut and thus presided over deficit growth of 11.7%—and Abraham Lincoln, whose Treasury had to invent a way to pay for a civil war out of whole cloth, resulting in the deficit growing by 9.4% of GDP.
Treasury Secretary Janet Yellen says the Treasury will hit the debt ceiling on Thursday but can extend extraordinary measures to keep functioning until June. McCarthy has called for Democrats to talk with him about a plan that will permit an increase in the debt limit while cutting Medicare, Social Security, and federal agencies.
Biden and administration officials say they will not negotiate with the right-wing Republicans who are trying to get their way not through normal legislative channels, but by holding the government—and the global economy—hostage.
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Notes:
Victor Shi @Victorshi2020NEW: House Republicans just assigned members to the Oversight Committee, which will oversee investigations. Get this: Marjorie Taylor Greene, Lauren Boebert, Scott Perry, Byron Donalds, & Gary Palmer are on the Committee. They all denied the 2020 election results. Maddening.8:54 PM ∙ Jan 17, 202311,570Likes4,572Retweetshttps://www.washingtonpost.com/business/2021/01/14/trump-legacy-national-debt-increasee/
https://www.politico.com/news/2023/01/17/biden-house-republicans-debt-ceiling-00078166
https://puck.news/feeling-the-vern/
https://www.nbcnews.com/politics/congress/21-mccarthy-holdouts-got-committee-assignments-rcna66152
https://www.axios.com/2023/01/17/george-santos-committee-assignments-congress
https://www.nbcnews.com/think/opinion/george-santos-new-york-colleague-congress-danger-rcna65794
https://talkingpointsmemo.com/news/dem-lawmaker-mccarthy-is-well-aware-he-needs-george-santos
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