The Durham Report Finds Nearly Nothing

The Daily Escape:

Tulips, Boston Common, Boston MA – May 2023 photo by Ken Grille Photography

The DOJ has released the Durham Report. Former Connecticut US Attorney John Durham was tagged by Trump’s Attorney General Barr with proving there was a deep-state plot against Trump. From the NYT:

“Mr. Durham’s 306-page report appeared to show little substantial new information about the FBI’s handling of the Russia investigation, known as Crossfire Hurricane, and it failed to produce the kinds of blockbuster revelations impugning the bureau that former President… Trump….had once suggested that Mr. Durham would find.”

So, after four years, and $6.5 million of our money, Durham found nothing? Apparently the best he could come up with was a Right wing personal opinion. Meanwhile Conservatives are furious with Durham for not finding Hillary Clinton guilty of…something. The Right-leaning Washington Times said:

“Special counsel John Durham’s failure to indict any Obama-era FBI officials involved in the Trump-Russia collusion investigation has left conservative activists and Trump allies questioning why he didn’t pursue prosecutions that they said were handed to him on a silver platter….Mr. Durham brought three prosecutions during his sprawling, four-year probe that concluded Monday, but he netted only one conviction: a low-level FBI lawyer who admitted to doctoring evidence.”

More:

“None of the three indictments involved high-profile FBI figures who greenlighted an investigation into Donald Trump’s 2016 presidential campaign based on unverified intelligence and ignored evidence that countered the collusion narrative, according to Mr. Durham’s 300-page report released Monday.”

There’s a lot of crying on the Right. The broken down ex-football coach who became a Senator, Tommy Tuberville (R-AL) said the Durham report shows that: (emphasis by Wrongo)

“…a whole list of people lied…If people don’t go to jail for this, the American people should just stand up and say, ‘Listen, enough’s enough, let’s don’t have elections anymore.”

Yikes! The Atlantic’s Tom Nichols observed:

“A US Senator says people should rise up and do away with elections unless the State punishes law enforcement officers for doing their job. A word I rarely use, but: This is pretty fascist stuff.”

So this is the Trump legacy in America. A Special Counsel appointed by Trump’s AG to disprove there was a connection between the Trump campaign and Russia doesn’t disprove it. He didn’t recommend filing any new charges against people he investigated in his final report. Despite criticizing the FBI, he didn’t recommend revamping the investigative procedures they use in politically sensitive investigations.

OTOH, the FBI’s investigation that Durham was supposed to debunk, wasn’t about investigating Trump but was about Russia’s support for his campaign. It was meant to find a conspiracy against Trump that didn’t exist. That’s the stock in trade of Trumpism. See the whole Republican investigation witch hunt list: Whitewater, Benghazi, Voter Fraud Commission, Hunter Biden’s Laptop.

It’s all political theater. The GOP outrage act has been running for longer than most Andrew Lloyd Webber musicals.

Unlike the Mueller investigation, Durham mostly came up empty on the cases he brought to trial. The absolute best he can say is “Maybe the FBI shouldn’t have looked into Trump-Russia because the feds played it fast and loose“.

But since he doesn’t mention any individuals who should be recommended for charges or suggest any operational improvements, it’s clear it was Durham who was wasting everyone’s time, not the FBI. In the report’s executive summary, Durham says:

“…this report does not recommend any wholesale changes in the guidelines and policies that the Department and the FBI now have in place to ensure proper conduct and accountability in how counterintelligence activities are carried out,”

Durham concludes with the premise that he started with: That the FBI should not have opened the Trump-Russia investigation:

“We conclude that the Department and the FBI failed to uphold their important mission of strict fidelity to the law in connection with certain events and activities described in this report…”

Durham’s job was to investigate the investigators (and also the investigation): To lend credibility to the idea that the Trump-Russia investigation was the product of a political witch hunt against Trump. He winds up accusing the FBI of “confirmation bias” in its legitimate probe of Trump/Russia links.

That’s rich since Durham never made any secret of his own bias in trying to discredit the Bureau with conjecture and few facts. He’s failed.

Durham found nothing but tries hard to make it sound like he did.

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How To Look At The Electorate

The Daily Escape:

Aurora seen from Purgatory Overlook, Blue Ridge Parkway, VA on Sunday. The aurora was visible in 30 states on Sunday – April 2023 photo by Jason Rinehart

(Wrongo and Ms. Right are very happy for friend and blog reader Gloria R. who is making a great recovery from a life-threatening illness.)

Yesterday, Wrongo pointed out that independent voters were the fastest growing segment of the eligible voter population. With the partisan vote evenly divided between the two Parties, this means there are serious challenges ahead if either Party is to establish a sustainable majority with American voters.

But independents aren’t the only group we need to discuss. Doug Sosnik’s latest in the NYT talks about the “diploma divide”:

“…college educated voters are now more likely to identify as Democrats, and those without college degrees — particularly white voters….support Republicans.”

Sosnik says education level has become the single best predictor of how Americans will vote, and for whom.

Part of the reason for this shift is economic. According to the Federal Reserve Bank of St. Louis, since 1989, families headed by college graduates have increased their wealth by 83%, while for households headed by someone without a college degree, there was relatively little or no increase in wealth.

That has opened non-college homes to the grievance messaging of the Republican Party.

In the 2022 midterm elections, Democrats carried White voters with a college degree by three points, while Republicans won White non-college voters by 34 points, a 10-point improvement from 2018.

Today 42 states are firmly controlled by one Party. The only states that voted for the winning presidential candidates in both the 2016 and 2020 elections rank roughly in the middle on educational levels — Pennsylvania (23rd in education attainment), Georgia (24th), Wisconsin (26th), Arizona (30th) and Michigan (32nd).

Sosnik says that in 2024, Democrats are likely to enter the general election with 222 electoral votes, compared with 219 for Republicans. That means the presidency will be decided by whomever does best in just eight states, comprising 97 electoral votes: Arizona, Georgia, Michigan, New Hampshire, North Carolina, Nevada, Pennsylvania, and Wisconsin. Sosnik says that:

“…for these states, education levels are near the national average — not proportionately highly educated nor toward the bottom of attainment.”

This means that they are up for grabs by the Party with the stronger candidate and message. It also means that the Parties should look beyond education for like-minded voters in these states, so they should also focus on independents. Independent voters disproportionately live in suburbs. More from Sosnik:

“….the suburbs are the last battleground in American politics.”

We said yesterday that most of these independents are younger voters, millennials and Gen-Z. Many have also experienced weaker job markets than their elders, so they may be more disillusioned than most in the suburbs. So they are likely up for grabs.

Suburbs voting was decisive in determining the outcome of the last two presidential elections: Voters in the suburbs of Atlanta, Detroit, Milwaukee, Philadelphia, Pittsburgh and Phoenix helped determine the winner in those two presidential elections. They are likely to play the same role in 2024.

Since the 2024 presidential election will likely be won in those eight states, turnout is also a huge issue. Econofact says that richer people are more likely to vote than poorer people. The chart below shows turnout by income level for the 2016 presidential election:

The 48% voting participation rate for families in the lowest income category in 2016 was a little better than half of the 86% rate for families in the highest income category. Econofact states that the ratio of differences across income groups is similar for other election years as well.

Finally, there is an emergent anti-MAGA segment of the population. Michael Podhorzer writes a Substack newsletter about politics and economics. He says that:

“In 2016, despite losing the popular vote, Trump became president by virtue of his Electoral College victory. That election made clear that Arizona, Georgia, Michigan, Pennsylvania and Wisconsin had become the fulcrum of American politics.

In those five states, on the day that Trump was sworn in, only one state had a Democratic governor (Pennsylvania), only four Democrats served in the Senate, and Democrats did not constitute a majority in any of the 10 state legislative chambers.”

Now, four of the five governors are Democrats, nine of the ten Senators will be Democrats, and three of the state legislative chambers will have Democratic majorities. Podhorzer attributes this to Dems winning a big share of the anti-MAGA cohort.

It’s far too early to know how independents, or the non-college educated, or the relatively poorer Americans will vote in 2024.

But the winning Party had better be able to speak to and for the working classes.

Democrats say they’re a big tent, that all classes are welcome. They seem willing to back everything from trans rights to expanded Medicaid. But that messaging isn’t getting through to less educated, or to working class folks. They don’t believe it.

The Party’s political future requires Dems to speak up loudly on behalf of working men and women.

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My Way Or The Highway

The Daily Escape:

Azalea gardens at the Biltmore, Asheville NC – April 2023 photo by Sherry Maddock

We all know that the US is staring down a series of domestic threats to American democracy. Here’s a short list: Corruption on the Supreme Court, fundamental rights being lost via Supreme Court decisions, and voting rights being on the ballot in many states. Then there’s the question of whether any high level politician will ever be held to account for the Jan. 6, 2021 coup attempt.

These threats require that we convince every voter to turn out in 2024. Even so, surprisingly the presidential race in 2024 could be very close.

All of this could be undermined by the plans of the emerging political party called No Labels. They are gathering signatures to get on the presidential ballot in all 50 states in 2024, while recruiting both Democrats and Republicans to run as a bipartisan ticket. The WaPo reports that the group has already gained ballot access in Arizona, Colorado, Alaska and Oregon. Apparently, they are backed by shadowy donors who have provided them with $70 million in seed money.

Former Connecticut Sen. Joe Lieberman is associated with No Labels. Other names often mentioned as possible No Labels candidates are Sens. Joe Manchin (D-WVA), Kirsten Sinema (I-AZ), Susan Collins (R-ME), and former Republican Governor of Maryland, Larry Hogan.

Here we go again. Another centrist third party effort to create a “unity” ticket that supposedly appeals to those Americans who say they want to end the partisan bickering in Washington. This year, it’s No Labels who are trying to throw a big monkey wrench onto our Electoral College map. If they are successful, it could possibly send Trump back to another term in Washington.

All in the name of unity, of course.

Lieberman is acutely aware of the impact third-party bids can have on presidential elections. He ran as Gore’s VP candidate in 2000, when the Democratic campaign fell 537 Florida votes short of an Electoral College victory. That year, Ralph Nader, the Green Party nominee, won more than 97,000 Florida votes.

It might be useful for Lieberman et al to remember that in the 2016 presidential election, Jill Stein got 50,000 votes in Michigan, allowing Trump to win Michigan by 14,000 votes. Ross Perot in 1992 arguably shifted the race to Bill Clinton.

The No Labels website specifically describes itself as an “insurance policy against a Trump-Biden rematch.” From Larry Hogan:

“The vast majority of people in America are not happy with the direction of the country and they don’t want to see either Joe Biden or Donald Trump as president.”

Hasn’t Biden worked productively with Republicans to pass a broad array of bipartisan legislation? His main partisan domestic initiative was essentially written by Manchin, who now wants a larger voice with No Labels.

First, it seems bizarre for No Labels to equate Biden with Trump. Comparing the two when Trump is under indictment in NY and likely to be indicted in several more cases, after having incited an insurrection is crazy. What’s Biden’s crime? Not paying off porn stars?

Second, why is a group dedicated to promoting moderate, bipartisan legislation working against a president who has actually accomplished just that? Jonathan Chait in NY Magazine reports that No Labels’:

“…own polling suggests its candidacy would serve as a spoiler on behalf of Republicans. In December, it found an unnamed moderate third-party candidate would win just 20% of the vote, against 33% for Trump and 28% for Biden.”

This result seems completely logical given Biden’s greater reliance on moderate voters than Trump. But still they persist. For Wrongo, you only needed to say “Joe Lieberman” to convey that this organization is wrong-headed on its face. When politically marginal people like Lieberman and Manchin are interested in a new political organization, you know they’re looking for a way to insert themselves more deeply into our politics, despite how little actual support they have.

They’re willing to cause great harm for an outside shot at real power.

We need to understand that political centrism isn’t the halfway point between today’s median Democrat and today’s median Republican. Biden has governed basically as a 21st Century centrist; otherwise, the left of his Party wouldn’t be so frustrated with him. The No Label people need to realize that there’s already a perfectly good moderate Party in America, and it’s called the Democratic Party.

The No Label centrists seem to be living in some kind of dream world where the Electoral College isn’t closely divided and today’s political stakes aren’t monumental.

This is a vanity political project that could easily lead to a political disaster. Let’s hope it fizzles like most centrist third party bids have done in the past.

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Monday Wake Up Call – April 3, 2023

The Daily Escape:

Just when you thought it was only a meme: The beer is tasty – April 2023 iPhone photo by Wrongo. You may not know that there is a “Florida Man Birthday Challenge” web site. (Hat tip to Amy DeP-O). Wrongo is born in December. Of the many December Florida man entries, Wrongo’s favorite is: “Florida Man says aliens have landed, burns down house stocked with flamethrowers and ammo.”

It was a rental property…

We’ve been here in the land of the anti-woke for a few days. No one in our family openly talks politics, so  we just enjoy the fabulous food. But you’re aware that Trump was indicted by the NYC DA. You have probably heard that Trump said:

“Manhattan DA Alvin Bragg, who was handpicked and funded by George Soros, is a disgrace.”

That led to some research. But it’s no secret. The NYT reported that Soros has put money behind electing reform-minded prosecutors like Philadelphia’s Larry Krasner and Manhattan’s Alvin Bragg. But he doesn’t fund them directly. His foundation donates to organizations that do field work like Color for Change. This isn’t any different from the right-wing billionaires who support right-wing organizations, issues and candidates.

So, when critics of Alvin Bragg say that he is backed by Soros, it should be similar to when critics say Republican politicians are backed by the Koch Brothers or the late Sheldon Adelson.

But bringing up George Soros feels different. The reason for vilifying Soros is rarely spelled out. You get general descriptors, like he’s a “globalist.” Of course, Soros IS Jewish, and the charge that rich Jews try to control the world for their own mysterious and nefarious reasons is an old and dangerous trope on the right. But Sheldon Adelson, who backed many Right-wing Republicans, including Trump was also Jewish.

Some say that people who mention Soros are anti-Semitic, and some probably are. Yes, he’s indirectly funded Bragg, but is Bragg doing something that wouldn’t have happened anyway? How exactly is Soros pulling Bragg’s strings? And why is Soros in more control of politicians he donates to than are donors on the right?

There’s zero indication that Bragg is bucking popular opinion to do the bidding of a Jewish billionaire, which is something you can’t say about many, many NRA-backed politicians.

The thing that impresses Wrongo the most is that while George Soros isn’t small potatoes on the billionaire list, the right-wing thinks he’s able to pay off millions of people, start revolutions, and influence deep states in dozens of countries without going broke.

Virtually every Republican politician has stood up for Trump, saying he’s the victim of a political witch hunt. Ron Brownstein lays out the Republican’s dilemma:

“The dilemma for the Republican Party is that Donald Trump’s mounting legal troubles may be simultaneously strengthening him as a candidate for the…presidential nomination and weakening him as a potential general-election nominee.”

It’s going to get worse for the GOP, since it’s highly likely that this is only the beginning of Trump’s legal troubles. There are possible charges from Fulton County, Georgia’s District Attorney Fani Willis. She has been examining Trump’s effort to overturn the 2020 election results in her state. There are also the twin federal probes led by Special Counsel Jack Smith into Trump’s mishandling of classified documents and his role in the Jan. 6 effort to block Congress’s certification of the 2020 presidential election.

So, while Trump may lock up the primaries without difficulty, the recent NPR/PBS Newshour/Marist survey shows that 61% of Americans—including 64% of independents and 70% of college-educated white adults—said they did not want him to be president again.

That result was similar to the latest Quinnipiac University national poll, which found that 60% of Americans do not support Trump’s “Make America Great Again” movement.

The challenge for the GOP is that about 80% of Republicans said they consider themselves part of the MAGA movement, and about 75% say they want him back in the White House. That means he will be the nominee, but not the next president.

Brownstein quotes Bryan Bennett, director of polling and analytics for the Democratic polling consortium that conducts the Navigator surveys:

“For the GOP to bet that Trump could overcome swing-voter revulsion over his legal troubles and win a general election by mobilizing even more of his base voters….seems to me the highest risk proposition that I can imagine.”

Time to wake up America! There’s nothing to be gained by letting the media, the GOP or Trump spin you up with irrelevant issues. Soros is just another wealthy white guy who wants to see change he can believe in.

To help you wake up, watch and listen to Larkin Poe cover a Son House tune, “Preaching Blues”. Eddie House was a troubled man. He grappled for years with the seeming incompatibility between his growing love of the blues and his teenage desire to be a Baptist preacher:

Sample Lyric:

I’m gonna get me some religion
I’m gonna join the Baptist church
I’m gonna get me some religion
I’m gonna join the Baptist church
Gonna be a preacher
So I don’t have to work

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Another Bank Bailout!

The Daily Escape:

Pronghorn in Las Cienegas National Conservation Area, AZ  – March 2023 photo by Alan Nyiri Photography

More about the Silicon Valley Bank (SVB). A joint announcement by Treasury Secretary Yellen, Fed Chair Powell, and FDIC Chairman Gruenberg said:

“After receiving a recommendation from the boards of the FDIC and the Federal Reserve, and consulting with the President, Secretary Yellen approved actions enabling the FDIC to complete its resolution of Silicon Valley Bank, Santa Clara, California, in a manner that fully protects all depositors. Depositors will have access to all of their money starting Monday, March 13…”

This appears to be the mechanics of the bailout:

  1. The Fed gives money to the FDIC as needed.
    2. The FDIC makes all deposits available on Monday. Not just those that are FDIC-insured.
    3. The FDIC then sells the assets of the banks, which will take time.
    4. The difference between the cost of bailouts and the net proceeds from the asset sales is the actual amount the FDIC will have lost.
    5. The FDIC will charge all other banks a “special assessment” to cover the losses.
    6. The FDIC will then pay the Fed back with the special assessment funds it collects.

Much about this makes Wrongo’s blood boil. We have a well-defined regulatory system for the US banking industry. But, as with our lax regulation of train traffic that resulted in the Norfolk Southern accident in East Palestine, these pesky banking regulations were considered a major impediment to Mr. Market.

Regional banks argued that they shouldn’t be held to the same standards as the biggest banks because if they failed, they wouldn’t pose systemic risks to the banking industry or the nation.

So in 2018, Dodd-Frank was amended by the Trump administration to raise the asset threshold at which a bank would be considered “too big to fail” from $50 million to $250 billion. The 2010 original law required that banks considered systemically important keep more capital on hand, undergo stress tests and produce a “living will” that would provide for their orderly dissolution.

But now five years later, the FDIC says that SVB and Signature Bank in NY really do pose a systemic risk to the banking system! The regulators are saying that the threat of a systemic risk gives them the authority to hold all SVB depositors harmless, even if their deposits exceed the current FDIC maximum of $250,000.

Few if any average Americans have $250,000 in a single bank account. Who has bank accounts above $250,000? Corporations.

The FDIC insurance on deposits is meant to assure retail customers, not companies that hold very large balances. Why? Because companies have the ability to perform their own risk analysis. This risk analysis should force them to ask questions about the business practices of the bank, to make sure the bank will properly manage their assets.

The US is going to protect the deposits of corporations in this bailout despite the fact that there’s a product called “Insured Cash Sweep” that cuts your large deposits into pieces that are FDIC insured (i.e. $250k each). In the event of a bank run, those deposits would not be over the limit, so they would be safe.

But, for reasons unknown, the Silicon Valley Venture Capital masters of the financial universe didn’t deign to use it.

American capitalism remains a system that privatizes profits until shit happens. And then? We socialize the losses, meaning it’s up to the federal government and taxpayers to handle the problem. When Biden says the banking system will pay fees via a special assessment, that means the cost will ultimately be paid by depositors and borrowers through higher fees and interest costs.

This is why people have so little faith in our government.

The very serious people in finance and politics were worried that the 2023 version of the US banking system might be close to another 2008-style collapse. So the Treasury, Fed and FDIC had to step in.

The basic problem relates to what’s called “asset management” in the banking biz. The goal of asset management is to maximize the return of the bank’s investment portfolio while maintaining an acceptable level of both liquidity and risk.

For banks, that means keeping a certain amount of cash available to meet the needs of depositors and investing the rest in loans or bonds. SVB invested in long-term bonds in order to realize better returns on their investment portfolio, because short-term interest rates were very low. They, like others, felt it was necessary to maintain a portfolio of higher yielding assets to offset the low market rates generally available to them.

But when mass withdrawals from depositors started to happen, they had to sell bonds at a loss, ultimately leading to default and FDIC takeover. Wasn’t it the job of the SVB executives to foresee this? And adjust their asset management accordingly?

This seems to mean that the $250,000 FDIC limit has effectively gone away. If true, there’s systemic risk that taxpayers will have to bail out bank deposits with uninsured deposits at any bank. Most of those depositors will be corporations. So, new rules must be written. And until then, we’re in trouble.

The big picture is that very few people of means in America ever pay a price for bad management.

And none go to jail.

Average Americans who get caught cheating on their taxes might go to jail if you were represented by an overworked public defender. But if you had the means to hire a high-priced lawyer, most likely, you will get community service, or probation.

It’s never been a fair system. Back in the 2008 Great Financial Crisis, then-Treasury Secretary Timothy Geithner worked to save his banker cronies; they didn’t lose money. They didn’t go to jail. The economy was saved, but no one who profited from blowing it up paid a price.

The bottom line: If I’m bad at my job, I’ll get fired. If these bankers are bad, they may get rescued by the government.

And one way or another, we’ll be paying for it.

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Monday Wake Up Call, Diplomacy Edition – March 13, 2023

The Daily Escape:

Wildflower bloom, Peridot Mesa on the San Carlos Reservation, AZ  – March, 2023 photo by Sharon McCaffrey

China has brokered an agreement between Iran and Saudi Arabia to re-establish diplomatic relations. The agreement, reached after four days of talks with senior officials in Beijing, may ease tensions between the two Middle East powers after seven years of fighting a proxy war in Yemen. In the war, Saudi Arabia has supported Yemen’s government and Iran has backed the opposition Houthis.

Both Iran and Saudi Arabia announced they will resume diplomatic relations and open up embassies once again in their respective nations within two months, according to a joint statement.

Saudi Arabia is Sunni Muslim while Iran is a Shiite Muslim country. Saudi broke off relations with Iran in 2016 after protesters stormed the Saudi embassy in Tehran. The protests followed the Saudi execution of a Shiite Muslim cleric, Shia preacher Nimr Baqr al-Nimr. Al-Nimr had earlier spent 10 years studying in Tehran.

News of the diplomatic breakthrough came as a surprise to the US and to Israel. It was also a diplomatic and political success for Beijing. Here are some of the winners and losers in this.

The winners:

  • Iran, now with Russia, China and Saudi as allies, may be able to break the US sanctions.
  • Saudi Arabia has distanced itself even further from the US. It may now be able to end its involvement in the war in Yemen.
  • China, by outplaying the US. China’s success in achieving is recognition of its growing status in global politics.
  • Iraq and Syria will become more influential Middle East players as Saudi and Iran move to end their rivalry.

The losers are:

  • Israel, and specifically Netanyahu. For years, his twin foreign policy goals have been the isolation of Iran and the normalization of ties with Saudi Arabia, which has never recognized Israel. Also his efforts to pull the US into a war with Iran is now even more unlikely.
  • The US for being outplayed on a playing field it used to dominate. And for losing more global prestige to its rival China.
  • The Emirates for losing some political influence and also losing some of its sanctions busting trade with Iran.

Wrong thinks this could be a big geopolitical deal. It may bring peace or at least, an absence of war in Yemen. It is also a bold example of using diplomacy as a tool of national power. That’s a good reminder since the US has been mainly thinking about the war in Ukraine (and the threat of war in Taiwan). Our global focus has been on military power and economic sanctions.

The Ukraine war has led to a revival of the NATO alliance. This, along with the strengthening of European relations are diplomatic accomplishments. But since the start of the war, US global diplomacy has been directed at jawboning the third world into agreeing to the sanctions regime against Russia.

So China’s use of diplomacy to deliver a breakthrough agreement between Saudi Arabia and Iran makes the US efforts look small and foolish. The NYT quotes Daniel C. Kurtzer, a former ambassador to Israel and Egypt:

“It’s a sign of Chinese agility to take advantage of some anger directed at the United States by Saudi Arabia and a little bit of a vacuum there….And it’s a reflection of the fact that the Saudis and Iranians have been talking for some time. And it’s an unfortunate indictment of US policy.”

After Trump killed the Iran nuclear deal in 2018 and reimposed heavy economic sanctions on Iran, Iran moved to deepen its relations with Russia and now with China. Tehran has provided drones for Russia to use in its war in Ukraine, making it an important partner for Russia.

Now, by turning to China to mediate with the Saudis, Iran has elevated China in the region, while Israel finds its hopes for an anti-Iranian coalition with Saudi Arabia dashed. Is the looming axis of Iran and China a direct threat to the US? Probably not, but the balance of power in the region is changing.

We’ve spent decades in various wars in the Middle East, at a cost of more than $8 trillion. We tried showing the Middle East that strength came from military might. But China is showing the Middle East that you can win both the diplomatic and the economic battle without firing a bullet. Who knew?

Their approach to the Middle East is more constructive than America’s. China, like the US, has an agenda. But it has committed to building 1000 schools in Iraq; a country we “helped” by invasion.

Time to wake up America! The world is now challenging America’s heavy-handed unilateralism. We may be seeing the start of a post-America Middle East. To help you wake up watch and listen to Marcus King and Stephen Campbell of the Marcus King Band perform the 1966 Merle Haggard tune “Swinging Doors” at Carter Vintage Guitars:

Sample Lyric:

And I’ve got swinging doors, a jukebox and a bar stool
My new home has a flashing neon sign
Stop by and see me any time you want to
Cause I’m always here at home till closing time.

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Sunday Cartoon Blogging – March 12, 2023

Let’s talk about Silicon Valley Bank (SVB). The tech industry’s go-to lender just became the second-largest bank failure in US history. The bank’s customers withdrew $42 billion from their accounts on Thursday. That’s $4.2 billion an hour, or more than $1 million per second for ten hours straight.

We ancient, moss-covered former bankers call this a bank run. That occurs when a large number of customers of a bank withdraw their deposits simultaneously over concerns about the bank’s solvency.

Nearly half of all venture-backed US companies were SVB customers. We’re unsure why the run started, but on Thursday, several Venture Capital firms started telling their client companies that pulling cash from SVB was prudent, and the run began.

While bank deposits are insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000, few of SVB’s deposits, by value, were FDIC insured, since its customers were overwhelmingly corporations with much more than $250,000 in the bank. By Friday, there was no cash left in SVB’s coffers. In fact, the cash on hand was negative, to the tune of $958 million.

Do you remember when Trump and Republicans rolled back some of the regulations Dodd-Frank placed on regional banks?:

“Some banking experts on Friday pointed out that a bank as large as Silicon Valley Bank might have managed its interest rate risks better had parts of the Dodd-Frank financial-regulatory package, put in place after the 2008 crisis, not been rolled back under President Trump.”

Trump signed the bill despite a report from Democrats on Congress’s joint economic committee warning that under the new law, SVB and other banks of its size:

“…would no longer be subject to nearly any enhanced regulations”.

This also affects ordinary people. Wrongo has a California friend who banks with SVB. Here’s a quote from her:

“While I’ve been waiting to sign the purchase contract on a condo, I woke to the news that my lender Silicon Valley Bank has been closed and taken over by regulators. That concludes literally 8 months of working on this….and the end of my effort to buy a home.”

So don’t listen to the pleas for another bank bailout. Wrongo would be okay with bailouts if they were accompanied by personal accountability by management. Like, we’ll rescue your institution, but none of the bank senior management can ever work in finance again. On to cartoons.

Tucker’s mendacity:

It takes two teams to play:

Walmart’s OK with pills for boners, but not for pregnancy:

GOP wants to regulate Trans not Trains:

GOP loves doormats:

Most appropriately named movie of this or any year:

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New Legal “Doctrines” Help Supreme Court Push Farther Right

The Daily Escape:

Sunset, midtown Manhattan viewed from the Williamsburg Bridge – March 2023 photo by Mike Davis

Plenty of ink has been scrawled or printed describing how the Supreme Court (SCOTUS) has navigated its way into being the supreme executive branch of our government. The SCOTUS has long been a bastion of Conservative thought in America, but since gaining its 6-person supermajority, we’re seeing them bring forward novel legal concepts to help move decisions towards the Right’s agenda.

The best example is the Court’s majority creating new “doctrines” to help deliver rulings that their clients on the Right argue for. Prior to embracing “the major questions” doctrine and the “Independent state legislature” doctrine, Conservative members of the court used to insist on “textualism” to achieve their goals. Textualism says that when interpreting the Constitution, judges should confine themselves only to the words of the Constitution. Originalism says that if the words are unclear, then judges need to consult historical sources to determine their meaning at the time of ratification.

But we’re now seeing cases where a statute’s words aren’t delivering a decision that the Supremes are aiming for, so using these new doctrines give them a pretext for breaking their own rules.

That’s how they blew up the EPA’s Clean Power Rule. Eight months ago, SCOTUS first invoked the “major questions doctrine” in a majority opinion, using it to limit the Environmental Protection Agency’s power to address climate change.

Last week, the court seemed ready to use it again, to kill  Biden’s proposed student loan relief. More on the new “doctrines” from the NYT’s Adam Liptak: (brackets by Wrongo)

“On the last day of the 2021-22 Term, the Supreme Court handed down a decision on “the major questions doctrine” and [agreed] to hear a case presenting “the independent state legislature doctrine” – neither of which had been called “doctrines” there before.”

The rationale behind the major questions doctrine is the contention by the Justices that the agencies must receive explicit direction from Congress to address a particular issue if action by the agency is of political or economic significance. Conveniently, this “doctrine” gives the Court’s Conservative supermajority a tool to achieve their preferred outcomes when textualism doesn’t get them there.

Liptak quotes Allison Larsen, a law professor at William & Mary:

“The phrase was used just once by any federal judge before 2017, and in only five federal decisions — at any level of court — before 2020,”

But you guessed it, the turning point in 2017 was when Justice Brett Kavanaugh, then a judge on the US Court of Appeals, used the term in a dissent. More from Professor Larsen: (brackets by Wrongo)

“[Using] the word ‘doctrine’ to describe the major questions concept was first used by law professors and then bandied about on blogs…and used as a rallying cry in opinion pieces and programming by those seeking to challenge the administrative state….In 2016 — long before it was anointed a ‘doctrine’ by the Supreme Court — the ‘major questions doctrine’ was featured by name in the annual Federalist Society conference,”

Interestingly, at Kavanaugh’s Supreme Court confirmation hearings, Sen. Amy Klobuchar (D-MN) asked him about the doctrine, calling it “something else that you (Kavanaugh) came up with.” Liptak reports that Kavanaugh responded vaguely that the “major questions doctrine is rooted in Supreme Court precedent.”

In his 2017 dissent, Kavanaugh conceded that “determining whether a rule constitutes a major rule sometimes has a bit of a ‘know it when you see it’ quality.” That’s some real Wavy Gravy right there.

Back to the EPA case: Chief Justice Roberts wrote that the Court’s use of the term was unexceptional:

“It took hold….because it refers to an identifiable body of law that has developed over a series of significant cases all addressing a particular and recurring problem: agencies asserting highly consequential power beyond what Congress could reasonably be understood to have granted.”

Turning to the student loan debt relief case, in the oral arguments, Roberts argued that since loan relief is expensive, it must be authorized by Congress. But as Justice Elena Kagan said in the same oral argument, “Congress could not have made this much more clear, adding, “We deal with congressional statutes every day that are really confusing. This one is not.”

Welcome to 2023, where when cases come out the way the Conservative justices want, it’s just fine. But if the legal text gets in the way, the “major questions doctrine” allows them to make the explicit text disappear because they’re willing to engage in bad faith readings of statutes to get the job done.

So much for the rule of law.

If under a Republican president, when the Supremes need to find a sweeping executive branch authority to justify a Conservative wet dream policy, they’d find it without even a whiff of self-reflection.

Will we ever make up the ground now being lost to the decisions by these ideologues?

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There Are No Partisan Facts

The Daily Escape:

Roaring Mountain, Yellowstone NP – January 2023 photo via Yellowstone NP. The steam vents are called fumaroles. With a limited water supply, the water in steam vents turns to steam and makes noise before reaching the surface.

Today let’s delve into the right-wing mind. Sadly we can’t go in too deep, because you know. Wrongo will try to connect the dots on a few ideas that three interesting people wrote about last week, First, the headline in Phillip Bump’s piece in the WaPo:

“There’s actually only one conspiracy theory: Democrats are evil.”

He’s writing about all of the online conspiracy theories surrounding the hammer attack on Paul Pelosi, and then generalizes from the specific:

“Last year, Pew Research Center found that 1 in 8 Republicans (12.5%) liked it a lot when their leaders called Democratic leaders “evil.” Another 16% said they liked it a little.”

So, 28.5% of Republicans think Dems are mostly evil. Bump offers the long laundry list of Democrat conspiracies propounded by Republicans.

  • For example, the 2020 stolen election shows that Democrats are dishonest and will do anything to retain power.
  • The “deep state” is out to get Trump and the Republicans. This leads to demonizing the FBI and CIA as liberals out to get Trump. This year, we can add the National Archives who just wanted their secret documents back.
  • These conspiracies have led the new Republican House majority to create a committee to look at weaponization of the FBI, DOJ and other agencies against Republicans.

Next, let’s look at recent polling on the economy. Matt Yglesias provides two charts that show the US partisan divide on the economy. First is how Democrats view their family’s economic situation over the past 8 years:

On Election Day (ED) 2016, 50% of Democrats said their family’s situation was about the same. On ED 2020, 50% said it was the same. After two years under Biden, it was 52%, so no change. On ED in 2016, about 32% of Dems said their financial situation had gotten better. That fell to about 10% by ED 2020 and is now about 23%.

Contrast that with what Republicans think now and what they thought on Election Day 2016:

From ED in 2016 when Trump won the White House until ED 2020 when he lost it, the percentage of Republicans who thought their financial situation was about the same went from 45% in 2016 to 55% on ED 2020, meaning that they were pretty satisfied with the state of the overall economy. But with Biden, that dropped precipitously to 21% in just two years.

Republicans who thought their personal financial situation had gotten worse stood at 47% in 2016, and just 10% in 2020. But in January of 2023, after two years of Biden, 74% say their financial situation has gotten worse!

But what really happened with the economy? Paul Krugman has thoughts about what we learn from watching only cable news: (brackets by Wrongo)

“Would you know that real gross domestic product has risen 6.7% under President Biden, that America gained 4.5 million jobs in 2022 and that inflation over the past six months, which was indeed very high last winter, was [growing at] less than 2% at an annual rate?”

How does Krugman explain the disconnect between actual economic data and perceptions? More:

“Partisanship is clearly part of the story….. 90% of Republicans said the national economy was poor. A longer view, from the Michigan Survey of Consumers, finds Republicans rating the current economy worse than they did in June 1980, when unemployment was above 7% percent and inflation was 14%.”

Welcome to the United States of Cognitive Dissonance.

There always has been cognitive dissonance in the world. It’s part of being human. But today, people sincerely love to complain and persist in wanting to see the bad side of everything. Egg prices are up? This economy sucks. All that Americans seem to be capable of seeing is the downside.

The country Wrongo grew up in is still here, but its culture has changed. As a member of the Silent Generation, Wrongo and most others wouldn’t have bet against the USA, or its people. But today, we can’t be certain. This dumbing down of American citizens has happened in rapid and spectacular fashion, and the fact-free perception divide is weakening our institutions. This will be extraordinarily difficult to bridge.

Wrongo has no silver bullet for fixing this, but a very basic way to start is to read up on the big problems. Speak up whenever you hear bullshit spewing. That takes courage, but it can’t go uncontested.

Attend your town meetings. Join groups that sponsor educational exchanges on issues. And vote. Vote in every election no matter how trivial.

Wrongo lives in a semi-rural town. When he overhears political talk, it can be staggering to learn what some otherwise smart people believe.

We don’t have to convert all of them, maybe getting 10% to land on the side of the actual data would create a permanent change in our politics.

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Citizen GenĂȘt

The Daily Escape:

Sunrise, after 10 inches of snow, Haywood County, NC – 2023 photo by Todd Roy

Over the holidays, Wrongo read “Dr. Benjamin Rush: The Founding Father Who Healed a Wounded Nation” by Harlow Giles Unger. Rush was a signer of the Declaration of Independence. And he was a social reformer almost before America had a unified society.

Rush treated both the poor and Blacks, even while struggling to attract paying patients. He was the first American physician to treat mental illness as a disease rather than as criminal behavior. And he served as surgeon-general of the Continental Army’s so-called Middle Department that included Pennsylvania. So he got to see Washington’s army at Valley Forge in the worst of times.

Today, let’s focus on an important moment in American history that occupies only a few pages of Unger’s book. You may have heard of Edmond-Charles (Citizen) GenĂȘt. He became France’s ambassador to the US during George Washington’s second term.

On February 1, 1793, the French Revolutionary government ordered the execution of King Louis XVI and then declared war on Britain. Britain responded by blockading French ports and seizing American and other country’s ships heading for those ports. Britain also impressed hundreds of American seamen, forcing them to work on British ships.

France responded by blockading British ports and seizing American ships trying to deliver goods to those ports.

Americans were immediately divided into two camps, those who were outraged by the British impressing our seamen, and those who were angry at the French for killing a King who had helped us overthrow the British a dozen years earlier. Half sided with their ancestral motherland, while the other half demanded that the US support France.

Washington was among the few who espoused neutrality.

Americans increasingly defined their domestic politics either by their solidarity with the French Revolution or their aversion to it. The French Revolution served to both consolidate the two parties in American politics and deepen the ideological gulf between them.

On April 8, 1793, France’s new ambassador, Edmond-Charles GenĂȘt arrived in Charleston with two sets of instructions: Publicly, he was offering a new treaty that would amalgamate the commercial and political interests of both nations into a “mutual nationalization of French and American citizens” (pg. 133 of Unger’s book), a kind of national alliance that would separate the US from England.

Unger says that GenĂȘt’s secret instructions were to foment revolution and bring the US under the political control of France.

GenĂȘt, aided by newspapers in Boston, New York, Philadelphia, and other cities, whipped up Francophilia among average people. GenĂȘt said Washington was pro-British. He organized a fleet of privateers to prey on Anglo-American commerce.

Anti-federalist governors in the south saw GenĂȘt as a means to weaken presidential power and restore the supremacy of the individual states over the national government, so they aided him. Genet soon had a fleet of 80 vessels patrolling American waters.

In the summer of 1793, GenĂȘt wrote to the French foreign minister:

“I have prepared the revolution of New Orleans and Canada…I have destroyed the maritime commerce of the English in these waters” (pg. 134)

He then made his way towards Philadelphia to present his credentials  to Washington, gathering support from Americans along the way. Unger writes:

“…when he arrived at the outskirts of Philadelphia…500 coaches filled with ardent Francophiles waited to escort him into the city…”

Vice President John Adams described:

“…the terrorism excited by GenĂȘt…when 10,000 people in the streets…threatened to drag Washington out of his house and effect a revolution in the government…”

Washington made plans to send his wife Martha and grandchildren to Mount Vernon and demanded that France recall GenĂȘt. But GenĂȘt left Philadelphia on the French flagship for New York, where more than 5,000 French sailors and marines joined welcoming NY crowds. This immediately led to violence, with Tory families fleeing the city. GenĂȘt then went ashore to mobilize the cheering Americans, who chanted (pg. 137):

“Down with Washington…”

On August 15, 1793, GenĂȘt was preparing to raise the French flag over New York  and proclaim that the US and Canada were French. But, no one marched in the streets supporting him, because yellow fever had struck Philadelphia, New York, and Boston. Most people became afraid to leave home for fear of dying from the disease.

In a way, the yellow fever epidemic of 1793 “saved” America from a second revolution. The army had been largely mustered out, so there was little that stood in the way of GenĂȘt’s ambitions. In the summer through the fall of 1793, 5,000 people (10% of the population) died of yellow fever in Philadelphia, and 730 died in New York. As a result, support for GenĂȘt  crumbled.

The yellow fever epidemic continued through November, when cold weather killed off the mosquitoes. GenĂȘt’s crew then mutinied, sailing back to France without him.

The French sent a new ambassador who arrived in December with a warrant for GenĂȘt’s arrest and execution. But Washington wouldn’t comply. Although the French were upset, Washington allowed GenĂȘt to stay in America, where he became an American citizen. He married Cornelia Clinton, the daughter of NY Governor George Clinton and settled on his own farm in Jamaica, Long Island.

A significant proportion of Americans have always been receptive to a charismatic leader with bad intentions, like GenĂȘt. In early American history, just as now, people responded to crisis not by uniting, but by doubling down on factionalism.

These things are still true today. Think about the factionalism surrounding Covid that killed many that shouldn’t have died. While, back then, perhaps the Republic was saved by an epidemic.

Think about the mob who tried to overthrow our elected government on Jan. 6. Their GenĂȘt still lives with us.

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