Saturday Soother – December 10, 2022

The Daily Escape:

View from Clingmans Dome, TN – December 2022 photo by Lynn Carte Hodges

From John Dean:

“The Democrats’ 51-seat Senate majority lasted about three days. Kyrsten Sinema is leaving the Democratic party.

She is now registered as an Independent. Her announcement comes just after Sen. Warnock won reelection in Georgia, securing the 51st Senate seat for the Democrats. It’s difficult to figure out what Sinema’s intent is. The most charitable view may be that no longer being the 50th vote freed her to follow her conscience.

This raises two political questions. First, does this change the balance of power in the Senate? With the current makeup of the Senate, Wrongo doubts her decision changes anything. Like in the past, Sinema will vote the way she wants to vote. She has said she will caucus with the Democrats, but she rarely attended Democratic caucus meetings before, so there won’t be a change there.

Sinema has been a reliable vote for confirming Biden’s judicial appointments, for women’s issues and for LGBTQ+ issues. She was a lukewarm supporter of Biden’s infrastructure plan and is fervently against changing the Senate filibuster rules or increasing taxes. She voted against a $15/hour national minimum wage.

Sinema’s move is a reminder that every single Democratic Senator can control the Senate, and along with it, control every committee assignment and whatever remains of the Democratic agenda.

Sinema did say she expects to retain her current committee assignments, which makes it sound like she’s had discussions with Senate Majority Leader Chuck Schumer before making her announcement. So, situation normal, more Dems in disarray.

Second, will this throw the 2024 Arizona Senate race to the Republicans? Voter registration in AZ is split nearly evenly into thirds among Dems, Republicans and “Other”, with the GOP in first place and the Dems in third.

Its no secret that Arizona Democrats aren’t fond of Sinema. Below is a year-old poll from the progressive think tank Data For Progress showing how big the climb would be for Sinema to win a Democratic Senate primary in 2024:

Sinema’s options in 2024 are:

  • Not to run for reelection.
  • To run as a Democrat and lose in the primary.
  • To run as an Independent and try to cobble together a centrist coalition.

She would fail if she tried to run as a Republican. She would probably face Kari Lake, the bat-shit crazy election denier who nearly won the AZ governor’s race. Sinema would be cast as a RINO with no chance to win a Republican primary as a former Green Party, former Democrat, and former Independent, who has finally seen the Conservative light.

However, it’s most likely that Sinema left the Democratic Party to maintain her political viability.

If so, the best strategy for Sinema is to run as an Independent who caucuses with the Democrats. Arizona’s Democrats would then either have to accept her as the less horrible choice in a two person contest, or reject her for Gallego, a talented politician who would have trouble winning in a three-way race if Sinema stayed in as an Independent.

That would leave Democrats in a difficult position. They could either support an Independent who mostly agrees with them and votes with the Democratic majority or run their own candidate, thereby possibly splitting the anti-MAGA majority and handing the seat to a Republican.

Remember that both Bernie Sanders of Vermont and Angus King of Maine run on the Democrats’ line for Senate. So could Sinema. While she almost certainly doesn’t have what it takes to make Democrats love her, she almost certainly DOES have the power to make sure a more progressive Democrat doesn’t replace her.

The question is: What card will she play in 2024? She’s already cut an ad declaring her independent status. The Democrats face a brutal election cycle in 2024 with 23 seats up (including Maine and Vermont, while Republicans have just 11 at stake. The Dems can’t afford to lose AZ.

But let’s forget Sinema and political war games and turn our attention to reindeer games. It’s time for our Saturday Soother.

Here at the Mansion of Wrong, after a very warm fall, we’re starting a cold snap with the promise of our first real snow accumulation on Sunday. That happens to be when we’re going to hear a performance of Handel’s “Messiah” by the Waterbury Symphony.

So kick back and watch “I know that my Redeemer liveth”, from Handel’s Messiah, with a solo by Amanda Powell, backed by Apollo’s Fire. This was performed live in 2018, in the First Baptist Church, Cleveland, Ohio, conducted by Jeannette Sorrell who also plays harpsichord:

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Griner Comes Home

The Daily Escape:

Barn before a storm, Walla Walla, WA – 2022 photo by Gary Hamburgh Photography

After 10 months in Russian custody, including time in a penal colony, WNBA star Brittney Griner is on her way home. In exchange for Griner’s freedom, Russia secured the release of Viktor Bout, a convicted Russian arms smuggler. Another American, the former Marine Paul Whelan, remains imprisoned in Russia.

CNN reports that the White House said Griner was released to US officials. From Biden:

“Moments ago I spoke to Brittney Griner…She is safe. She is on a plane. She is on her way home.”

The prisoner swap occurred in Abu Dhabi on Thursday. A joint statement from the UAE and Saudi Arabia said both Gulf countries played a role mediating the exchange between the US and Russia. By the time you are reading this, Griner should be on American soil.

But the result is a mixed bag. It’s very good news that Griner is free. But Viktor Bout is also free to rebuild his arms-dealing network. People are rightly wondering why Whelan wasn’t included in the trade. After all, he’s finishing his fifth year in Russian prison. But negotiation requires both sides to agree and the Russians would only offer Griner.

Of course, the Right-wing chattering class disapproved. First, from House GOP Leader Kevin McCarthy, who tweeted:

“This is a gift to Vladimir Putin, and it endangers American lives….Leaving Paul Whelan behind for this is unconscionable.”

Some Conservative mouth-breather named Jessie Kelly tweeted this:

“She’s a black lesbian who hates America. Biden is just bringing another voter back home.”

Another mouth-breather, Conservative Benny Johnson who has a show on Newsmax, tweeted this with typical Right-wing understatement:

“This is the lowest point in US foreign policy in my lifetime. Collapse of an empire.”

It can’t be a long life for young Benny. What is he, five years old?

You have to love the comments by these wingnuts each of whom say they could have brokered a better deal with their expert negotiating skills. And rather than be happy that one American is returning home, they use their oral flatulence to make comments about what should have happened, and why Biden is a loser.

Poor Paul Whelan’s family shows that most Americans still have decency and class:

“NEW from the Whelan family: “There is no greater success than for a wrongful detainee to be freed & for them to go home. The Biden Admin made the right decision to bring Ms. Griner home, & to make the deal that was possible, rather than waiting for one that wasn’t going to…”

The American people should thank Paul Whelan’s brother David for being so gracious. That isn’t something that we can say about the many Republican mouthpieces who felt it was necessary to weigh in.

People need to stop thinking about this as a trade or a prisoner exchange. The Russians kidnapped Griner and held her for ransom. She was a wonderful target, being a very tall black lesbian woman playing professional basketball in Russia. She was chosen, then convicted, and then sent to the gulag for the very purpose of being bait to spring Viktor Bout.

Does it suck that the price of releasing her was letting an odious killer go free? Of course. It shouldn’t be lost on anyone that as individuals and given their relative “crimes”, they weren’t equivalent assets. Everyone knows that Griner’s offense was simply a pretext to create a prisoner that could be traded. The initial arrest was about finding a small amount of hash oil on a Black gay woman.

Prisoner exchanges usually look like, “You arrested one of our spies and we want him back, so we arrested one of your spies. Let’s talk.” They don’t normally look like: “We plucked a random minor celebrity of yours off the street and she’s gonna do nine years.”

And when they do, it’s important to point out that it’s more like a kidnapping and a ransom than it is like an equivalent exchange.

Two closing thoughts. First, Conservatives always say: “Don’t negotiate with terrorists“. But all nations negotiate with terrorists; that’s just something governments say. Negotiating with terrorists doesn’t incentivize terrorism. It incentivizes terrorists to negotiate. The alternative is that terrorists engage in terrorism that does not involve negotiations. And that only leads to terrible outcomes.

All governments have to decide whether to negotiate or not on a case by case basis.

Second, Americans, especially conspicuous Americans, should stay the hell out of Russia until the Putin government’s current business plan is updated.

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Thoughts On Warnock and The Midterms

The Daily Escape:

Mauna Loa erupting, Big Island, HI – December 5, 2022 photo by Deron Verbeck

You’ve heard this by now:

The 3,537.3 million votes cast on Tuesday represented a 45.2% turnout in Georgia. The record was set in the 2020 presidential election at 69.4%.

The Georgia Senate runoff election was uncomfortably close. Wrongo and Ms. Right tuned in to election results occasionally throughout the night and we were very concerned when the partial results often showed Hershel Walker ahead, at least until the Democratic-leaning counties around Atlanta reported results.

This raises a few questions: First, how (and why?) would so many Georgians vote for a completely unqualified candidate? OTOH, when we see how many people voted for Kari Lake and Blake Masters in AZ, or Dr. Oz and Mastriano in PA, there’s real reason to worry about what the US electorate thinks.

While Trump’s most visible candidates lost, many others won, and Trump still controls the Republican Party to a frightening extent. The WaPo estimated that 176 election deniers won statewide races, or seats in the House of Representatives.

If things go sideways in America (think a steep recession) there should be little doubt that a few thousand votes could easily swing back the other way and we could be stuck with a full-blown neo-fascist government led by Trump or by one of his clones. Michael Tomasky in the NY Review of Books analyzes the current state of political play:

“This is our new condition—tight races between two armies of voters, each marching to the polls with the conviction that victory for the other side would be not merely an unhappy result but calamitous for the republic.”

Wrongo has been harping on the importance of voter turnout to electoral success. The fact is that turnout is becoming more important as the nation has become more clearly divided.  More from Tomasky:

“In the eleven presidential elections from 1972 to 2012…turnout averaged 56.1%. In the eleven midterm elections from 1974 to 2014, the average turnout was just 39.4%.”

Tomasky says that all began to change with Trump:

“…presidential turnout in 2016 was a bit higher than average, at 60.1%. In the 2018 midterm, turnout was 50%, the highest for a midterm since 1914. Then turnout in the 2020 presidential race set a modern record at 66.8%, the highest since 1900.”

We learned three things from the 2022 midterms: First, candidate quality is crucial. Party primaries aren’t set up to necessarily select the best candidate. They often reward candidates who fire up their base, because turnout is usually very low in primaries. Second, turnout in the general election is key in most contested Congressional districts and states. Third, we learned that we could control our destiny despite the pro-GOP “red wave” narrative pushed by the national media.

Axios reports that 2022 is the first midterm election since 1934 when the Party in power successfully defended every one of their incumbent Senate seats.

There was bound to be more turnover in the House, if only because there were seven times as many seats being contested. But it was also the first election after the 2020 census and the follow-on redistricting process. Much of the reason for the change of control in the House is due to redistricting.

This year, some incumbents were pitted against each other, ensuring one would lose. Others were in districts they could no longer win, which caused a few retirements and defeats. Almost all the incumbents (95%) who survived primary challenges won re-election.

And despite so much stability on the surface, Americans are incredibly polarized, and there’s widespread discontent. Given that, we should give credit to Democrats who didn’t dissolve into political infighting and who worked to get the job done against big odds. Georgia in particular was once again a hard-fought contest in which every vote counted. That means every Get Out The Vote (GOTV) organization and every phone call, postcard, text, door knock, made by them also counted. As did your donations.

Georgia isn’t turning blue. It’s important to note that Georgia’s Republicans swept every other statewide race (7 of them) without going to a runoff.

And for this Senate runoff, we should recognize the sacrifice made by Georgia voters who stood in line to exercise a right that shouldn’t be contingent either on completing an endurance race, or an obstacle course. We owe Georgia voters a debt of gratitude for their efforts in the face of voter suppression.

The year of Republicans blowing it has ended, and we shouldn’t expect them to let Trump pick their candidates in 2024.

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Trump’s “Terminate The Constitution” Rant

The Daily Escape:

Juniper and snow, near Colorado Springs, CO – December 2022 photo by John Susan Hoffman

(Good luck to Sen. Ralph Warnock in today’s Georgia run-off election for a full term in the US Senate)

In the past two weeks, Trump has pledged solidarity with the January 6 rioters, dined with Holocaust-denying fans of Adolf Hitler, and called for the termination of the Constitution. On his failing Truth Social clone of Twitter, he yelled:

 “…the termination of all rules, regulations, and articles, even those found in the Constitution” in order to “declare the RIGHTFUL WINNER” from 2020 or “have a NEW ELECTION”

As Mike Pence’s former chief of staff, Marc Short said on Meet the Press, Trump’s attack on the Constitution was consistent with:

“…what he asked the vice president to do two years ago, when rioters were attacking the Capitol and he asked the vice president to overturn the election results.”

Let’s underline this: The likely Republican nominee for president in 2024 called for the “termination of the Constitution”,  not to “suspend” the Constitution as several pundits have mistakenly said. And very few in the GOP bothered to call him out on it. As Dennis Aftergut said in the Bulwark:

“Trump writing that we should cancel the Constitution ranks right up alongside John Tyler’s support of the Confederacy as among the most shameful acts by a former president in our nation’s history.”

There’s a method to Trump’s madness. Let’s go back to what he said to Lesley Stahl prior to their “60 Minutes” interview in 2018. From CNBC: (emphasis by Wrongo)

“Stahl said she and her boss met with Trump at his office in Trump Tower in Manhattan…in advance of a recorded sit-down interview for ‘60 Minutes’. At one point, he started to attack the press, Stahl said. There were no cameras in there. I said, ‘You know, this is getting tired. Why are you doing it over and over?….And he said: ‘You know why I do it? I do it to discredit you all and demean you all so that when you write negative stories about me no one will believe you.’”

And to a degree that worked. Trump has now moved on to discrediting the Constitution and the judiciary. While some Trump-appointed judges have done a few helpful things for him, they can’t deliver what Trump needs most: Immunity from prosecution.

He needs to be reelected in order to do that for himself.

Since 2021, the DOJ, the Georgia courts, and the New York courts have been grinding away at the January 6 insurrection, the theft and retention of national security documents at Mar-a-Lago, and the NY tax case. All have become more worrying for Trump.

He’s lost more than once in the US Supreme Court, in the 11th Circuit, and in courts in Georgia and NY. Regardless of whether it’s rulings on motions related to executive privilege, challenges to warrants and subpoenas, or actual verdicts against the Oathkeepers for seditious conspiracy, the legal wagons appear to be circling in more closely around him.

Trump knows that. So he’s returning to what has worked for him before: Demonizing his enemies.

Instead of the media, this time he’s attempting to demonize our Constitutional order. If he’s successful at doing that before we see any indictments, verdicts, and sentences against his corporation, or himself, he thinks he can survive politically with his base. By going for the Constitution, he’s trying to discredit the judicial system so that the GOP won’t turn against him if/when he’s held accountable.

Targeting the Constitution has downsides – the authority of any judge Trump appears before flows from that Constitution, and unlike the media, judges are backed by the DOJ and the FBI.

Imagine if you’re the DOJ’s Special Counsel Jack Smith, and the biggest target of your career just openly called for the termination of the Constitution. You’re probably thinking that you have a decent shot at convicting Trump of trying  to overthrow the Constitution back on Jan. 6.

Some GOP lawmakers who were asked on the Sunday political shows about Trump’s rant said they disagreed. However, most wouldn’t say they’d oppose Trump if he becomes the GOP’s 2024 presidential nominee. They’re saying as little as possible because they believe a large percentage of the Republican base agrees with him.

Trump’s best (his only?) defense is retaking the presidency. That is why we shouldn’t minimize his call to “terminate the Constitution”.

We need to keep pressure on Republican politicians to either disown Trump or embrace him. We should be asking Republican Senators and House Representatives:

“Trump took an oath to support and defend the Constitution, then he said we should abolish it. You also took that same oath. Does your oath require you to defend it against him?”

Mention the oath. In every question.

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Monday Wake Up Call – December 5, 2022

The Daily Escape:

Park Avenue, Arches NP, UT – November 2022 photo by Joe Witkowski

Last Tuesday, the Supreme Court (SCOTUS) heard arguments in United States v. Texas, a case that asks some big questions about immigration policy and the relationship between government agencies and the states. From Vox:

“The case involves a memo that Secretary of Homeland Security Alejandro Mayorkas issued in September 2021, instructing ICE agents to prioritize undocumented immigrants who “pose a threat to national security, public safety, and border security and thus threaten America’s well-being” when making arrests or otherwise enforcing immigration law.”

Texas and Louisiana challenged DHS’ ability to prioritize certain groups for deportation. The states argued that the executive branch doesn’t have the authority to pick and choose which groups to prioritize. A Texas federal judge, Drew Tipton, agreed with Louisiana and Texas, and stayed the ability of the DHS to prioritize certain groups of immigrants.

In July, the Supremes agreed to hear an appeal by the US government of the case, while permitting Tipton’s order to remain in effect. Vox maintains that the ruling by the Texas federal judge is questionable:

“A federal statute explicitly states that the homeland security secretary “shall be responsible” for “establishing national immigration enforcement policies and priorities,” and the department issued similar memos setting enforcement priorities in 2005, 2010, 2011, 2014, and 2017.”

The case has already been heard by SCOTUS. We won’t know what their decision is until sometime next summer, but the case raises questions that we all should ponder.

First, do Louisiana and Texas have standing to bring the case? To prove you have standing is to show that you have a right to bring your lawsuit and that you have had real, and direct harm. The two states have to show that they are being adversely affected directly by this policy. The data presented so far by the states isn’t of high quality.

Second, SCOTUS needs to address whether the DHS followed the rules under the Administrative Procedures Act. The Administrative Procedures Act establishes procedures that federal administrative agencies like DHS use for rule-making. And the states are saying that the Biden administration didn’t follow all the rules in adopting this policy deciding which immigrants to deport.

The key rule is about “prosecutorial discretion.” It’s one of the fundamental rules about how police and prosecutors operate at all levels of government. More from Vox:

“Suppose that there are a rash of home break-ins in Washington, DC….Police precinct commanders, the city’s police chief, or even the…mayor may respond…by ordering DC cops to spend more time patrolling Columbia Heights — even though that means that crimes in other neighborhoods might go uninvestigated or unsolved.”

It isn’t practical or useful for judges to monitor every decision made by every law enforcement department at every level of government. Vox says that SCOTUS has repeatedly warned judges against doing just that.

Third is whether the federal courts below SCOTUS have the power to vacate a rule that affects the rest of the states. Or whether SCOTUS is the only court that is permitted to stop a government policy nationwide.

The states contend that the DHS in this case has a mandatory duty to apprehend non-citizens. They’re arguing that the use of “shall” in the law means that these provisions are mandatory.

The Congress may have passed a law that creates a mandatory duty, but that same Congress hasn’t funded the DHS to the extent that performing such a mandatory duty is remotely possible.

The implications of the SCOTUS ruling are potentially huge. If any state can challenge any federal policy that they disagree with, it has ramifications beyond immigration law. An adverse decision for the government in this case would open the door to chaos if states are allowed to sue to overturn laws that they disagree with.

Think about it: If this stands, a Republican state attorney general’s office can handpick judges who they know will strike down (in this case) a Biden administration policy; and once the policy is declared invalid, the state knows that SCOTUS will play along with these partisan judges’ decisions for at least the year it takes for the decision to get up to the Supreme Court.

Time to wake up America! Wrongo has said it many times: Elections have consequences, particularly when Trump got to appoint three Supremes in four years. To help you wake up, take a listen to Bruce Springsteen performing “Nightshift” live on the Tonight Show. “Nightshift” is a 1985 song by the Commodores. Springsteen has covered it on his 2022 album, “Only the Strong Survive”:

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Sunday Cartoon Blogging – December 4, 2022

Well, the US is out of the round of sixteen at the World Cup. Wrongo didn’t watch. It’s maybe arbitrary on his part, but he really has quite a bit of antipathy about the Gulf countries. Those countries have oil, without which they would simply be backwater places with doctrinaire religions and impossible politics.

Another thing: Last week, Edward Snowden swore an oath of allegiance to Russia and has received a Russian passport, his lawyer said Friday. The 39-year-old former intelligence contractor was granted Russian citizenship by Vladimir Putin in September. He faces espionage charges and 30 years in prison in the United States if he were to return, but he no longer faces extradition to the US. On to cartoons.

When will Trump get his just desserts?

Why was it necessary for Dems to portray the possible railroad strike as a problem caused only by labor?

With all we hear about Elon, Trump, and Bezos, why are they still glorified?

Republican Rep. Kevin McCarthy is having some trouble becoming the next House Speaker:

Which is worse?

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Saturday Soother – December 3, 2022

The Daily Escape:

Pondicherry Park, Bridgeton, ME – November 2022 photo by Eric Storm Photo

Are the Democrats prioritizing the need to pass the Electoral Count Reform Act? Some are worried that amending the Electoral Count Act of 1887 (ECA) might not get done in what remains of Congress’ lame-duck session. If it isn’t done by January 1, it’s unlikely to be passed at all once Republicans take control of the House.

From the WaPo’s Greg Sargent:

“Versions of ECA reform have advanced in the Senate and the House, but it’s hard to see either passing as a stand-alone bill with only a few weeks left in the lame-duck session. That would chew up valuable floor time with much else left to do, including funding the entire government.

So, the most likely option at this point, a congressional aide tells me, is for ECA reform to get attached to that end-of-year spending bill.”

It’s worth worrying that this might not happen. Roll Call reports that Democratic Sens. Joe Manchin and Amy Klobuchar have said that it should be made a part of the must-pass spending omnibus bill.

The pending ECA Reform bill is the most substantial legislative action trying to deal with the Jan. 6, 2021 attempted coup. Citing ambiguities in the ECA, Trump’s supporters argued that Vice President Mike Pence could set aside some states’ results. You know what followed that.

The pending legislation would clarify that the vice president’s role in counting electoral votes is purely ceremonial, and that s/he does not have the discretion to set aside any state’s properly certified votes. It would also raise the threshold to hear objections to a state’s electors from just one member in each chamber to 20% of both Houses.

ECA reform would also require governors to certify the correct slate of electors.  It creates new ways for legal challenges when governors violate that duty, and requires Congress to count the court-sanctioned slate of electors even if a bad-acting state legislature appointed a sham slate.

This is important since right now, we’re seeing Arizona’s Cochise County’s election board simply refusing to certify the results of their midterm election. This shows that election denialism is alive and well in the states and demonstrates the need for ECA reform. Arizona’s GOP is showing us exactly what they plan to do in 2024. We should believe them.

In a future presidential election, a GOP-controlled state legislature could seize on exactly this kind of thing — a local refusal to certify results — as its excuse to appoint a different slate of electors for the losing presidential candidate. If that state’s GOP-controlled House counted those electors, under current law it could lead to a stolen election or major crisis. That must be fixed.

The Democrats are pushing on a string trying to get the bill passed. Attaching the ECA reform to a spending bill is complicated. Right now, 10 GOP Senators support the Senate version of reform, the exact number required to overcome a filibuster. But will those same Senators support the spending bill Sen. Schumer wants to pass in the Senate?

And if not, will the ECA reform bill get a stand-alone vote? More than a few GOP Senators could seek to derail it with poison-pill amendments. What’s more, a stand-alone vote could subject it to attacks from Trump and other Republicans. That might weaken the support of some of the 10 GOP Senators who are for it.

And the Democrats need Mitch McConnell and other GOP Senate leaders to agree to attach ECA reform to a spending bill, and enlist the 10 GOP Senators to support it. That means the GOP controls whether this bill is enacted.

The threat of election subversion won’t disappear in our lifetimes. As Greg Sargent says, Jan. 6 has caused unusual bipartisan urgency for Electoral Count Act reform. It would be the height of folly to let that slip away.

And now it’s time for our Saturday Soother, where we try to forget about power, politics, and economics for a few minutes, and calm ourselves before we rush headlong into the holiday season.

We’ve gotten through Thanksgiving and are heading towards Christmas. Here at the Mansion of Wrong, the faux Christmas tree is up, the Christmas plates are going into the cabinets, and the caviar and good single malts have been stocked. The first overseas Christmas cards have arrived.

Let’s put on our wireless headphones and watch and listen to Saint-Saëns’s “Introduction and Rondo Capriccioso, Op.28” for violin and piano, played in 2017 by Bomsori Kim on violin, and Jeongwon Kim on piano. The piece was written by Saint-Saëns in 1867 as the finale of his first violin concerto, but its success as a solo composition at its first performance led Saint-Saëns to publish it separately. Her violin is a Guarnieri from 1725:

Bomsori Kim is new to Wrongo and is outstanding.

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It’s Always About Turnout

The Daily Escape:

Verbena in bloom, Anza-Borrego Desert, CA – November 2022 photo by Frank Sengpiel

The midterms are over and some interesting analysis is now available. Kyle Kondik at Sabato’s Crystal Ball has an analysis of how Republicans took the majority in the House by winning more districts that Biden carried than Democrats won districts carried by Trump. From Kondik:

“There are currently slated to be 18 Republicans in Biden seats and just 5 Democrats in Trump seats.”

Kondik reports that the overall number of “crossover” districts — seats that vote for one party for House but the other party for president — has been generally on a downward trajectory. Back in 2008, Democrats held nearly 50 districts that Republican presidential nominee John McCain carried. But many of those districts went red in 2010 and, aside from 2018, Democrats have won relatively few districts won by the other side’s presidential candidate.

And Republicans have now won more of these seats in 6 of the last 7 elections, as the overall number of crossover districts has generally declined. Kondik says:

“Overall, Republicans won 5 double-digit Biden districts…while Democrats won just 1 double-digit Trump district. If those districts had voted in line with their presidential partisanship, the Republican House edge would be just 218-217.”

Immediately post-election, many Dems focused on New York where six House seats flipped to the GOP in districts that Biden had won in 2020. Democrats may think that a weak campaign by Democratic Gov. Kathy Hochul (D-NY) hurt them. But the Albany Times Union recently reported that Republican turnout in New York far outpaced Democratic turnout, with GOP turnout reaching 2020 presidential levels on Long Island:

“Republican turnout was substantially higher than for Democrats, 63 to 47 percent, according to an analysis of unofficial election results obtained by the Times Union from the state Board of Elections.”

This was a problem for Democrats all across the US. Tom Bonier, CEO of TargetSmart, an industry leader in using political data, tweeted about another way to look at the poor turnout by Democrats:

The possibly flippable districts Bonier is talking about are: IA3, NY17, MI10, CA13, CO3. Add to those the other five NY districts won by Biden that flipped, and you could have had a decent Democratic majority in the House.

But instead, we’ll be listening to the presumed House Speaker Kevin McCarthy say things like he did on Wednesday. He sent a letter to the January 6th Committee demanding that it preserveall documents and transcripts” gathered by the Committee.

You should know that his demand is pointless. The Committee had already announced it will publish all documents and transcripts to ensure that Republicans do not destroy evidence when they take over the Committee.

As you may have already concluded about this election cycle, Pew Research says that in-person voting increased compared with 2020. A clear majority of Americans who voted in this year’s Congressional elections say they cast their ballots in person. Nearly two-thirds of voters (65%) submitted ballots in person, including 44% who say they voted on Election Day and 21% who voted in person before Election Day.

In the 2020 presidential election that took place during the Coronavirus, a smaller majority (54%) submitted ballots in person, including just 27% who cast ballots on Election Day.

Absentee and mail-in voting declined from 46% of voters in 2020 to 35% this year. Republicans (52%) are more likely to say they voted in person on Election Day than Democrats (35%), but the share of Democrats voting on Election Day 2022 doubled compared with 2020 (17%).

There were large differences in how voters cast ballots by age and racial or ethnic groups. Nearly two-thirds of voters ages 65 and older say they either voted in person before Election Day or voted by mail or absentee.

That compares with narrower majorities of voters in younger age groups, who were more likely to vote in person on Election Day. In addition, White voters were more likely to report voting in person on Election Day (46%) than Black (40%), Hispanic (32%) or Asian voters (21%).

Overall, the big takeaway for Democrats, both for the Warnock vote on December 6 and for the 2024 Presidential and Congressional elections, is that TURNOUT wins close elections.

And we must expect that all future Congressional and Presidential elections will be decided by razor-thin numbers in many places.

Give your money to groups that are committed to growing turnout.

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Russia’s New Ukraine Strategy

The Daily Escape:

Dune Evening Primrose, Anza Borrego Desert SP, CA – November 2022 photo by Paulette Donnellon. This flower only blooms at night.

The war in Ukraine has entered a new phase. Early predictions that Russian forces would roll over token Ukrainian resistance didn’t last long. Confidence grew in a possible Ukrainian victory after Kyiv took advantage of America’s HIMARS artillery and other highly capable Western equipment began to degrade the Russian logistics and command systems.

Then, Ukraine launched a series of counter-offensives that have liberated formerly Russian occupied territory. November’s evacuation of Kherson by Russia showed that Moscow hasn’t yet found a way to stabilize its front lines in the face of Ukrainian military ground tactics.

But the ground has now shifted. The newest Russian commander, General Sergei Surovikin, in October began a bombing campaign on Ukrainian utilities throughout the country. It soon became clear that Russia is attempting to take out as much of Ukraine’s electrical grid as it can.

The WaPo said in late October:

“Russia’s ongoing attacks on Ukraine’s energy infrastructure have been so methodical and destructive that administration officials say they are being led by power experts who know exactly which targets will cause the most damage to Ukraine’s power grid.”

Tactically, Ukraine’s weapons and ammunition can be replaced by the west. Troops can be trained to use new systems; cash can be transferred from Washington and/or Brussels. But the electric grid infrastructure cannot be easily fixed with replacements or money. There isn’t a large inventory of Soviet-era power generating and transmission gear laying around Europe that can be marshaled to fix the Ukrainian grid.

The grid destruction is taking place primarily by precision missile strikes launched from aircraft flying within Russia. We’ve seen that Russia continues to struggle in the land battle, but they have much more latitude to strike against Ukraine’s society and economy from within their own country.

We may have to refine our viewpoint about who is winning and losing this war. The US and NATO have focused on the land battle, which now favors Ukraine. But Russia seems willing to use air bombing to grind western Ukraine into a wasteland. The precision bombing of infrastructure can go on all winter, while the movement of ground forces will largely come to a halt as winter deepens.

Russia could make western Ukraine so close to uninhabitable that many of its citizens leave for Europe. No electric power in western Ukraine also means no water. That would mean the only people who could continue to live there would be the hardiest.

Russia can do all of this while the ground war is literally frozen in place. Russia can do this without a major commitment of additional troops, tanks, or new logistics paths into Ukraine.

If this is Russia’s plan, it makes sense. It’s incremental, has flexibility and fully utilizes Russia’s current advantages, including control of its own airspace. And since NATO and the US haven’t supplied Ukraine with weapons that could reach Russian soil or airspace, Russians are invulnerable to sustained Ukrainian attack.

Russia isn’t acquiring and defending new territory; it’s degrading much of Ukraine instead. Whether this is a winning strategy or not, it’s evidence of new and higher quality military thinking on Russia’s part.

It isn’t necessarily a winning strategy if the west supplies Ukraine with better air defense weaponry or with weapons that have the range to reach into Russia. There are two types of weapons to consider. Those that have a range that could strike behind Russian lines, and those that could reach into Russia itself.

Longer-range weapons raise concerns that the conflict could escalate to include NATO. But at the currently underway Bucharest NATO meeting, Lithuanian Foreign Minister Gabrielius Landsbergis said  that Ukraine should be free to strike military sites inside Russia as it fends off attacks on its critical infrastructure. Washington has previously denied Kyiv’s request for the 185-mile range ATACMS missile, which can reach into Russia.

America is at a similar point in the Ukraine war to where it was in the Afghan war: The enemy is striking it from another country, and our policy is not to pursue them inside their political borders.

The difference is that America was doing the fighting in Afghanistan and Ukraine is doing the fighting inside Ukraine. But in both cases, the US policy is strategically flawed. Russia must be made to pay real costs if they are going to use stand-off weapons to grind Ukraine into dust.

The challenge for NATO’s and America’s generals is to recognize that the Russian war strategy has changed, and to adapt to it. Russia wants to make it into a war of attrition. Ukraine wants to retake its lands.

How should Biden and NATO respond? Can the West sustain Ukraine in a prolonged existential conflict like this without changing its strategy?

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Workin’ On The Railroad

The Daily Escape:

Pikes Peak with Garden of the Gods in foreground, Colorado Springs, CO. View is from the reflection pool at Garden of the Gods Club and Resort – November 2022 photo by John Susan Hoffman

On Monday, Biden called on Congress to prevent a rail workers’ strike. Railroad workers are threatening a nationwide strike on December 9, which could deliver a crippling blow to the American economy. According to the Association of American Railroads, a nationwide rail shutdown could cost more than $2 billion per day. Passenger rail transportation would also stop, disrupting hundreds of thousands of commuters. 

The unions have rejected a tentative agreement that had secured a pay increase of 24% over 5 years for rail workers, but wages don’t appear to be the primary sticking point. The outstanding issue is paid sick leave. The railroad companies have adamantly refused to include any more short-term paid leave. That means rail workers must report to work, even when they are sick, or forfeit their pay.

The essence of the unions’ position is that rail workers must use accrued paid time off (PTO) for their sick time. Actually, they use PTO for ANY days off. They get about 21 days of PTO annually. The rest of their time, including their weekends, is tightly controlled.

The context is that rail workers do not get weekends or holidays off unless they use their PTO. They’re on call 24/7, and if they refuse a shift after a designated (12 hour) rest period, they are docked points. Since the rail carriers have laid off more than a third of their workforce in the past decade, every shift is understaffed, and on most shifts, everyone who is eligible is likely to be called in.

Rail workers have jobs that often require them to be on the road for weeks at a time. From Heather Cox Richardson: (brackets by Wrongo)

“…[the unions]…oppose a new staffing system implemented after 2018, which created record profits for the country’s main rail carriers but cost the industry 40,000 jobs, mainly among the people who actually operate the trains, leading to brutal schedules and dangerous working conditions.”

The Precision Schedule Railroading (PSR) system made trains more efficient by keeping workers on very tight schedules. Any disruption in those schedules, like a family emergency, brought disciplinary action and possible job loss for the worker.

In the US, the 40-hour work week provides on average, 104 weekend days off per year, plus federal holidays. How many American workers would accept the total of 21 days off that most rail workers will accrue in PTO under the now-rejected Tentative Agreement?

The Railway Labor Acts of 1926, 1934 and 1966 control not only railroad labor disputes but also airline labor disputes. There is a series of steps that must be taken by both sides, and the final steps are where a union may strike, and Congress can step in and enact a law codifying an agreement between the companies and the unions.

The US Chamber of Congress and some 400 business groups, representing a wide range of industries, have sent a letter calling on Congress to intervene before the strike deadline if a deal is not reached to “ensure continued rail service.”

You would think that puts Democrats in a bind. They’re pro-union, but in this case, they’re jumping to the tune of big business. And why did Biden make his announcement a week in advance of the possible strike? A good negotiator would create some uncertainty in the minds of both the companies and the unions. There should be at least the appearance of a strike being possible.

Shouldn’t the “most pro-labor president” in a generation (in 1992, he was one of only six Senators to vote against legislation that ended another strike by rail workers), demonstrate that he’s proud to be on the workers’ side, at least until he isn’t?

Congress also has the option to dictate a cooling-off period, allowing parties to continue negotiating until they reach an agreement, or force both sides to enter arbitration, where a third-party mediator gets involved.

The unions knew that Congress would likely intervene. So workers would rather have a bad deal forced on them than to vote for it.

Four paid sick days is nothing. The fact that the rail companies are unwilling even to give four sick days says everything you need to know about American corporations in 2022.

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