Biden’s Passing Of The Torch

The Daily Escape:

Mountain goats, Hidden Lake Overlook, Glacier NP, MT – July 2024 photo by Jennifer Pardee Caruso

Today Wrongo wants all of us to think about Biden’s address from the Oval Office last Wednesday. He focused on the challenges facing the country, in particular if Trump were to succeed him. He also said that he was passing the torch to a new generation: (emphasis by Wrongo)

“I believe my record as president, my leadership in the world, my vision for America’s future, all merited a second term. But nothing, nothing, can come in the way of saving our democracy. That includes personal ambition. So, I’ve decided the best way forward is to pass the torch to a new generation. That’s the best way to unite our nation. You know, there is a time and a place for long years of experience in public life. But there’s also a time and a place for new voices, fresh voices, yes, younger voices. And that time and place is now.”

There’s the echo of JFK’s 1961 inaugural speech when Biden talks about passing the torch: (emphasis by Wrongo)

“Let the word go forth from this time and place to friend and foe alike, that the torch has been passed to a new generation of Americans–born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage–and unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world.”

A big idea and a smaller one leap out of the Biden speech. As Heather Cox Richardson wrote about the big idea:

“….Biden followed the example of the nation’s first president, George Washington, who declined to run for a third term to demonstrate that the United States of America would not have a king, and of its second president, John Adams, who handed the power of the presidency over to his rival Thomas Jefferson and thus established the nation’s tradition of the peaceful transition of power. Like them, Biden gave up the pursuit of power for himself in order to demonstrate the importance of democracy.”

If you want to know what kind of person someone truly is, watch them do The One Thing In The World They Do Not Want To Do. The most difficult thing, the thing that takes every fiber of their will to accomplish. It’s the ultimate character test, one which Trump could never pass. More from Biden:

“I revere this office, but I love my country more….”

He thus showed us that he had the most crucial qualification for the office of president.

JV Last observed a small thing about Biden’s speech that in reality is a big thing: the watch that he wore on Wednesday night. Wrongo didn’t know that Biden is a watch guy. From JV Last:

 “For the watch guy, your watch means something. You’re not throwing on a timepiece. You’re choosing a companion, a wingman, a talisman. Last night, Biden wore a Rolex Datejust 41 with a smooth bezel and blue sunburst dial. It’s the most classic and low-key watch imaginable. Elegant, yet wholly unobtrusive. More important, though, is the watch’s provenance. Biden’s Datejust was a gift from his wife. He wore it first on January 20, 2021, at his inauguration.”

More:

“It is a lock that Biden chose his Datejust…because he understood he was bookending his presidency. Bookending his professional life….In such a moment, a watch guy would want the watch that means the most to him because it was given to him by the most important person in his world.”

Kinda makes you want to tear up a little bit. You can get a more detailed look at Biden’s watches here.

Since this is our Saturday Soother, where we try to let go of the possibility that Trump will dump Vance for Nikki Haley, let’s close with some music that’s appropriate to Biden’s speech. You may remember when in 2015, the cast of Hamilton performed at the White House. At that time, Christopher Jackson (who played George Washington) sang “One Last Time” along with Lin Manuel Miranda. That night, the audience included Joe Biden. Here’s the video of that performance:

It’s impossible to watch this with all we know now, without wondering what Biden was thinking when he watched George Washington’s farewell from Hamilton.

Let’s leave the final words to JV Last:

“The first Baby Boomer president decided that the presidency was all about him….Bill Clinton was a successful president. But along the way he disgraced the office and clung to power with…self-importance that progressed from unseemly, to destructive, to pathological.

He set a standard that other politicians would soon follow—the ne plus ultra being Donald Trump, whose desire to cling to power progressed from pathological, to criminal, to treasonous.

The lesson the Baby Boomer presidents taught us is that you must never give up. You should brazen it out. You can weather the storm. Any collateral damage caused by your refusal to yield power is just the price of doing business. Power, once grasped, should never be willingly surrendered.”

For what it’s worth, Biden, like Wrongo, is a member of the Silent Generation. He’s not a Boomer. Biden has returned America to a better path. He reminded us that there is honor in letting go. That the true patriot yearns to see his country move beyond him.

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Cartoons Of The Week

Every cartoonist tried to pile on the “Biden’s too old” story this week. Some were ok, most were obvious and mean-spirited, including many depicting the First Lady as the power behind the throne, manipulating a doddering Biden.

Yesterday, Wrongo said that since the election will be determined by turnout of a very few votes in a very few states. He likes this question from Robert Kuttner: Do the Democrats have the energy to turn out enough voters for down ballot races? Will those voters also vote for the top of the ticket?:

“Think of it as reverse coattails. One impressive feat, especially since Trump’s election in 2016, has been a massive effort to increase the size and turnout of potential Democratic voters. Most of this has been done outside the institutional Democratic Party, though in a few states such as Wisconsin the party has been a major force.”

Better turnout on the Democratic side, especially among “low-propensity” groups, such as young people and voters of color, far more than trying to win over swing voters, was key to helping Biden win in 2020. It also allowed Democrats to do better than expected in the midterm elections of 2018 and 2022. It can work again.

On to cartoons. The last convention that Chicago hosted wasn’t a win for the Dems:

The fundamental question still isn’t resolved:

Memory problems exist my friends:

Heritage takes aim at you and me:

The only book Republicans won’t ban:

The one candidate with a mugshot:

The real question for November:

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The Biden Dilemma Continues

The Daily Escape:

Grand Tetons with balsamroot, Grand Teton NP, WY – July 2024 photo by Paul Lally Fine Arts Nature Photography

We’re still in the doom loop regarding whether Biden should step down as the Democrats candidate for president in November. A large proportion of pundits and Hollywood types are demanding that the Democrats take the easy way out, and thus, go on to lose this fall.

The dilemma that Wrongo wrote about last week is still with us, and very little has changed.

Except that Biden held a press conference on Thursday that, like the first presidential debate, was designed to quell the chorus calling for him to step aside. Or it was designed to offer red meat to the supposed journalists who asked the questions? The media has been treating Biden like a treasonous convicted felon that should be dropped like a hot rock, and treating the actual treasonous convicted felon like he’s an acceptable candidate.

The press conference turned out to be respectful, and largely concentrated on foreign policy. Biden showed great command of the subject matter, and with the exception of his usual verbal tics, gave long and well-reasoned answers. Some of the most hostile press members didn’t get to ask questions, but most of the areas of concern regarding his health, mental acuity and his commitment to staying in the race were covered in at least some depth.

What’s next? Wrongo has no idea if Biden is going to stay in the race, or what he will do if the chorus of calls for him to step aside continue to grow over the next week.

Wrongo has a huge concern should Biden decide to keep running. Usually presidential debates don’t matter, but in this election cycle, the two debates are more like health and wellness check-in events for both candidates, and that’s Wrongo’s biggest worry should Biden stay in the race: The election will ride entirely on how he performs in the second debate that is scheduled for September 10. By then, the convention will be over and all of the other possible options to head the ticket that are available today will be in the rear view mirror.

The decision about Biden is whether he’s electable. The way we talk about that is: Does he give the Democratic Party the best chance to win in November? We know that there are no guarantees: Biden could stay in and win. Biden could stand down and the new nominee could lose. Nothing is “safe.” The problem for the Democrats is that as of today, given the electoral map, the options of Biden either on or off the ticket both have less than a 50% chance of success. The Party probably feels it has to choose the least-dangerous pathway, and humans are rarely good at doing that. We’ve evolved to believe that if one option is risky, then the other option is likely to be less risky.

Has Wrongo seen enough? Maybe Biden can’t win this one for us. Maybe we have to win it for ourselves.

In a better world, Biden wouldn’t be the candidate in 2024. In that world, Hillary Clinton would just be finishing her second term. There would be a liberal majority on the Supreme Court, and Trump would just be a footnote to the history of presidential politics. But that’s not the reality we’re in. So Dems must decide whether Biden is the best option we’ve got. Regardless of who emerges when the smoke clears:

  • If we all agree to back the candidate, they will win.
  • If we all can’t agree to back the candidate, they will lose.

This was the big lesson that came out of the French election. They sluffed off candidates and parties in order to present a united front to the electorate that would prevent their right wing from taking over.

It’s important to remember that in America, the number of voters on the side of democracy easily outnumbers those on the authoritarian side. America’s challenge with beating Trump is how to unite the voters, not divide them. And division comes from the sort of narrative being sown by the media and the pundits. That guy’s “unelectable,” so don’t vote for him.

Despite the press conference, Biden still has yet to prove that he can be a vigorous, effective presence. He has done a number of events, and while all of them have been better than the debate, none of them until this one, has risen to the level “very good.”

This time around may be different. It is true that no incumbent president has lost re-election during a time of economic expansion and low unemployment. It is also true that no 80-year-old has ever been elected president. And that no felon has ever been elected president.

We are presently on course to make history with at least one of these improbabilities.

There are other firsts in this election: Never before has an aspiring president said out loud that he wanted to be “a dictator.” Never before has a sitting president attempted a coup. Never before has the general election featured two men who have served as president. Never before has the general election matchup been settled so early. Never before has a presidential general election debate taken place in June.

A lot of never-before things are happening all around us, right now.

Another historical precedent is that Trump has never won the popular vote. We should not assume that just because it hasn’t happened before, it can’t happen.

Dems need to choose to support Biden or overthrow him, and the sooner the better.

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Two Bad Stories

The Daily Escape:

Squirrel in a bird feeder, Northbridge, MA – 2024 photo by Paul G. Dailey

Wrongo had planned today to talk more about Ukraine, but the nation’s news had other ideas. We will cover two stories today. First, Supreme Court Justice Alito’s shocking display of gross partisanship at the exact time he was hearing a case regarding the same issue.

On Thursday, in an exclusive, the NYT reported that Alito’s home displayed an upside-down US flag during the days after the January 6 insurrection. In 2021 and since, flying the US flag upside down is a symbol calling for people to “Stop the Steal” of the 2020 election from Trump. In case you miss the significance, that upside down flag is a call to insurrection. And it was displayed by a Supreme Court justice. More from the NYT:

“At the time the Alito’s flew the flag in front of their house, the Court was deciding whether to hear a vote-counting challenge from Pennsylvania. The majority said no, but Alito, joined by Thomas, dissented. They wanted the Court to take the case, whose theme, was that the Pennsylvania election had been stolen”

The NYT reported that Alito emailed the following when asked for comment:

“I had no involvement whatsoever in the flying of the flag. It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

Who thinks that makes flying the flag upside down justifiable? Nobody. From Robert Hubbell:

“Alito’s response to the Times is a lie. He owns the flag. He owns the flagpole. He owns the property on which the flag was displayed. He permitted it to remain on display on his property. He, therefore, did have “involvement” in “flying the flag.” It does not matter that it was his wife who physically raised the “Stop the Steal” banner on the flagpole. Alito’s hair-splitting denial is misleading and incomplete—and therefore false.”

We have two Supreme Court justices (and their wives) openly siding with insurrectionists and deciding on cases that involve the insurrection and its leader, Donald Trump. The Court should be renamed “The Court of Supreme Ethical Violations”. Plainly, the Court has lost the ability to police itself.

And for the record, the upside-down flag was flying over the Alito’s’ home on Jan. 17, 2021. Why has it taken the NYT three and a half years to publish such an important story? Wrongo’s faith in the NYT has taken another hit with their deferred reporting on the flag at Alito’s home.

The second report comes from Kyle Tharp at “For What It’s Worth” a newsletter about politics and social media. He reports that pro-Trump content now dominates on TikTok, a platform that Biden began using this year:

“Since November, according to two TikTok officials, there’s been twice as much pro-Trump content as pro-Biden content on the platform….1.29 million positive Trump videos or images, with 9.1 billion views, compared to 651,000 positive Biden posts, with 6.15 billion views…This may not be the most precise survey of the landscape, but that’s still a nearly 10 to 1 ratio of Trump likes to Biden likes, and 12 to 1 in views.”  ”

Let’s remember that TikTok is primarily used by younger Americans who may make the difference in which candidate wins in November. Two other points:

“…there are 10.5 million TikTok users in Pennsylvania, 3.4 million in Nevada, 2.4 million in Arizona, 5.4 million in Georgia, and 3.7 million users in Michigan.”

The Biden campaign almost certainly knows those numbers. Tharp says that Democrats and liberal groups have six months to flood the zone with positive pro-Biden news clips or creative original content reaching core audiences on TikTok. They should start now.

That’s enough disturbing news for today, it’s time for our Saturday Soother, when we do our best to forget about Trump’s attempt to bribe Big Oil executives, or why Republicans think showing up at a Manhattan courtroom is good for their careers. Instead, let’s try to focus instead on the natural world around us as we prepare for another week of depressing political news.

Last Thursday was an exciting day on the Fields of Wrong. It’s garbage pickup day, and a medium-size black bear wandered around the Mansion of Wrong looking for treats. Garbage cans are his preferred target, followed by birdfeeders. But our cans were still in the garage, so he left our place without a snack, although several of our neighbors had to clean up their garbage, which the bear had strewn far and wide.

The bluebirds are nesting in our birdboxes, and with all the rain, our fields are very green. We’re expecting good weather today, so grab a seat outside in the shade. Now, watch and listen to the Paganini Ensemble Vienna play Paganini’s “Quartets for Strings and Guitar Vol. 4 Nos. 11, 6 & 13”. These were recorded in Vienna in March, 2022. Paganini’s string quartets with guitar are among his finest chamber compositions:

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Cartoons of the Week – May 5, 2024

We’re at the start of a new week, and the cartoonists remain deeply into the student protests and Gov. Kristi Noem shooting her dog. But let’s start with a chart from the polling organization Civic Science. This is from the weekly newsletter by their CEO, John Dick:

“Last month, America’s attention to politics reached a new low. For the first time in the 9+ years we’ve tracked it, more US adults follow politics “not at all closely” than those who follow it “very closely.” The stat is especially mind-boggling when it’s what many believe to be an existential-level election year.”

The percentage of Americans who say they follow politics very closely has fallen from 50+% in Q4 2020 to 26% today:

Note that the result was based on 1.1 million responses. OTOH, the survey found that “very closely” plus “somewhat closely” totaled 71%. On to cartoons, which this week, aren’t funny.

People were shocked by Trump’s answers in Time Magazine:

Gov. Noem can’t live down shooting her puppy:

Santayana said: “Those who cannot remember the past are condemned to repeat it”. University administrators should take note:

The press thinks Biden should have ended the Hamas/Israel war by now:

The Dems still own the best issue for this November:

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Should Dems Worry About Students Disrupting Their Convention?

The Daily Escape:

Sunrise, Iron Duff, NC – April 2024 photo by Rhiannon Medford. Hard to believe those colors aren’t enhanced.

The clashes between Hamas/Israel war protesters and police on college campuses nationwide is spreading alarm among Senate Democrats. They’re worrying that this type of anger will make the Party’s Chicago-based presidential nominating convention a spectacle that will hurt Biden’s chances of re-election. Does that mean we’re looking at Chicago 1968 version 2.0?

From The Wrongologist:

“In 1968, Tom Hayden helped plan the antiwar protests in Chicago that targeted the Democratic National Convention. Police officers clashed with thousands of demonstrators, injuring hundreds in a televised spectacle that a national commission later called a police riot. Yet, Hayden and others were charged by federal officials with inciting riot and conspiracy.”

Those demonstration led to the Chicago Police riot. We remember it for Mayor Richard Daly saying these immortal words:

“Gentlemen, let’s get this straight. The policeman isn’t there to create disorder, the policeman is there to preserve disorder.”

Those of us who have reached a certain age remember too well what happened in Chicago at the 1968 convention. From The Hill:

“A number of Democratic senators are old enough to remember the violent clashes between police and anti-Vietnam War protesters at the 1968 Democratic Convention in Chicago, where the nomination of Vice President Hubert Humphrey as the party’s presidential candidate was marred by images of police tear-gassing protesters and beating them with clubs.”

The Atlantic’s David Frum explains why the disruptions in Chicago in 1968 are unlikely to happen again. His point is that 2024 isn’t 1968. Protesters presuming to replicate 1968 will find the US government is much better prepared, Frum says: (emphasis by Wrongo)

“…responsibility for protecting political conventions has shifted from cities and states to the federal government. This…was formalized in a directive signed by…Clinton in 1998. The order created a category of “National Special Security Events,” for which planning would be led by the Secret Service.

National Security Special Events draw on all the resources of the federal government, including, if need be, those of the Defense Department. In 2016, the federal government spent $50 million on security for each of the two major-party conventions.

Those funds enabled Cleveland, the host of the 2016 Republican convention, to deploy thousands of law-enforcement personnel….Federal funds paid for police to be trained in understanding the difference between lawful and unlawful protest, and to equip them with body cameras to record interactions with the public. The city also used federal funds to buy 300 bicycles to field a force that could move quickly into places where cars might not be able to go, and that could patrol public spaces in a way that was more approachable and friendly.”

This wasn’t an issue in 2020 when the conventions were mostly virtual due to the Covid pandemic.

Right now, the media are making the campus demonstrations seem like a big deal, and they are, in the sense that university campuses are lightly controlled and lightly policed. Frum adds:

“Pro-Palestinian protesters have proved considerably more circumspect when they march in places where laws of public order are upheld.”

The Feds have also gone to school on the Jan. 6 insurrection that has informed their planning. While the subsequent J6 prosecutions make it much less likely that people hoping to disrupt the DNC convention will ever get much beyond being hopeful. It’s important to point out that the scale of today’s protests are nowhere near the same as the Vietnam protests in 1968.

More on the current thinking of students from Simon Rosenberg:

“…there is not broad support for these protests in America or on American college campuses. Most young people are far more concerned with making a living, their health after a pandemic, loss of reproductive freedom and our democracy, climate change, gun safety and a host of other issues.”

Rosenberg includes an interesting chart from the Harvard IOP Youth Poll:

The only issue where inflation did not win its individual match-up was when it was paired with women’s reproductive rights. Women’s reproductive rights was considered the more important issue, 57% to 43%. Israel/Palestine ranked next to last among the 16 issues.

Wrongo has no idea if the campus demonstrations will morph into something huge, or become a nothingburger, but he agrees with this from Caroline Orr Bueno:

“The stories you hear in the media will be the most extreme examples that can be found, and nearly all of them will be fundamentally misrepresented based on the biases of the person telling the story. This will fuel a cycle of escalation that few people on either side want.”

She makes the point that university administrators are not prepared to handle the demonstrations while at the same time, facing donor anger. From the London FT:

“Donors are withdrawing millions of dollars in planned funding to punish US universities for their responses to Hamas’s attack on Israel, in a stand-off over free speech, higher education funding and academic leaders’ public responsibilities.”

The FT also reports that:

“Such actions have highlighted the influence of donors, who last year contributed $60bn to US universities…”

Time to wake up, America! Let’s not get twisted up by the potential for demonstrations in Chicago by students protesting the Hamas/Israel war. How about focusing instead on the antidemocratic extremists who speak at the Republican convention to renominate Trump? We shouldn’t fear this debate. We should welcome it.

To help you wake up on a warm Tuesday, watch and listen to the late Peter Green, former guitarist of Fleetwood Mac, play “Albatross”, originally from FM’s 1969 album “The Pious Bird of Good Omen”. Here Green plays it with the Peter Green Splinter Group in England in 2003:

The late, great BB King said of Peter Green: “He’s the only white guy to ever make me sweat.”

 

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The Supreme Court Is Officially Corrupt

The Daily Escape:

Moonrise, Boston, MA – April 2024 photo by Kristen Wilkinson. The Jenga-style building is Boston University’s Data Science Center.

Wrongo spent part of Thursday morning listening live to the oral arguments at the Supreme Court (SCOTUS) over Trump v. United States, which concerns former president Trump’s claim of absolute immunity from criminal charges for “official acts”: In this case, whether Trump can claim immunity as a defense in the Jan. 6 case brought by Jack Smith, the DOJ’s special prosecutor.

While the decision in this case is unclear at this point, the questions the Conservative justices asked of both sides were very disheartening.

A short walk through the history of this case: The Conservative majority granted Trump a victory before the hearing began by refusing Jack Smith’s request to skip the intermediate step of an appeal to the DC Circuit Court of Appeals. Then the Court improved on that by refusing to hear the matter on an expedited schedule. Finally it appears that the Court probably won’t issue what pundits think will be a fractured opinion until the last possible  day (June 30). It’s possible that the Court will order the DC trial court to engage in pre-trial fact-finding about the difference between “private” and “official” acts. Meaning further delays, possibly until after the November presidential election.

And if Trump were to win, the Jan. 6 case will be quashed by the incoming DOJ.

So even if the Supremes don’t grant Trump a total victory, they have already granted Trump what he most wanted: a lengthy delay. Their lackadaisical approach to resolving the question of immunity smells of the current politicization of the Court. From Jamele Bouie:

“Rather than grapple with the situation at hand — a defeated president worked with his allies to try to overturn the results of an election he lost, eventually summoning a mob to try to subvert the peaceful transfer of power — the Republican-appointed majority worried about hypothetical prosecutions against hypothetical presidents who might try to stay in office against the will of the people if they aren’t placed above the law.

It was a farce befitting the absurdity of the situation. Trump has asked the Supreme Court if he is, in effect, a king. And at least four members of the court, among them the so-called originalists, have said, in essence, that they’ll have to think about it. “

Chris Hayes reminded us when Republicans aggressively took the other side of the immunity argument:

Taking a wide view, Alito is 74. Thomas is 75. Roberts and Sotomayor are 69. The next president could be in a position to nominate four replacements for these justices if Trump wins, or if Biden wins a second term. If it’s Trump, say goodbye to the SCOTUS for at least 30 years, and say goodbye to your Constitutional rights. That would also mean that Trump can commit crimes with impunity, including a complete dissolution of the Voting Rights Act, implementing legalized voter suppression, and much more.

Is it totally lost on the American people that the very same Supreme Court who ruled that 172 million women should no longer have the freedom to decide their own pregnancy choices, is now, suddenly, struggling with the idea whether ONLY ONE MAN in America should have the freedom to commit crimes without punishment?

Watergate and Nixon doesn’t come close to the stench surrounding today’s Supreme Court and its propping up of Trump. Josh Marshall had this to say:

“The Roberts Court is a corrupt institution which operates in concert with and on behalf of the Republican Party . . . That’s the challenge in front of us. . . . But things become more clear-cut once we take the plunge and accept that fact.”

But, there’s really nothing you can do about it individually. So relax and cruise into our Saturday Soother, where we turn off all political news for a few minutes and try to find the will to rejoin the fight next week.

Here on the Fields of Wrong, we had a hard frost on Friday morning, and expect 80° on Monday. It’s weather like this that keeps us from planting the vegetable garden until early May. To help you get into a proper frame of mind, grab a seat by a south-facing window. Now watch and listen to “Suite Opus 34 for flute, harp, violin, viola and cello” by Marcel Tournier. Tournier is among the relatively few important composers who were also virtuoso harpists. He composed several dozen solos for harp, and a few chamber works that feature the harp. Tournier wrote this Suite in 1928. He died in 1951.

Here is his “Opus 34” performed by the Cracow Harp Quintet:

Wrongo and Ms. Right first learned about Tournier and saw this live last summer as part of a local concert series by the Washington Friends of Music.

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Updates On Baltimore Bridge And Trump’s Stolen Documents Case

The Daily Escape:

Japanese Garden, Portland, OR – April 2024 photo via The Oregonian

Here are two stories that we’re following that need updating. First, the Baltimore Key Bridge collapse. Many Republican House members have questioned why the US government (and the taxpayers) should have any financial responsibility for cleaning up the mess and rebuilding the bridge. From The Hill:

“…the idea has sparked an immediate backlash from conservative spending hawks, who are already up in arms over Congress’s recent approval of a massive 2024 spending package….Key Bridge, they argue, is a regional matter to be tackled by regional governments.”

Rep. Ralph Norman (R-SC) told The Hill:

“The very thought of having the Federal Government pay for the Baltimore bridge is TOTALLY ABSURD!!”. “This exemplifies the old slogan ‘ROBBING PETER TO PAY PAUL!!’”

From The Lever:

“The company that owns the ship that crashed into the Francis Scott Key Bridge…is trying to use a 173-year-old law to cap the damages it may have to pay, including potential compensation to families of the six workers killed in the disaster.”

This is because big oil and shipping interests successfully lobbied in 2010 to block reforms to the so-called “Titanic Law”, or the Limitation of Liability Act from 1851. The Singapore-based Grace Ocean, owner of the container ship Dali wants to argue that the damages it owes for the crash should be capped at $43 million — the remaining value of the ship and its cargo.

This is crazy, given the fact that it’s likely to cost hundreds of millions of dollars to rebuild the bridge. Still, on Monday, Grace Ocean filed an action in federal court using the Titanic Law.

More from The Lever:

“For decades, advocates have called for reform of the Limitation of Liability Act, arguing that the law is outdated and shields powerful companies from facing accountability for devastating accidents… Those calls were renewed after the company behind the deadly 2010 Deepwater Horizon oil spill tried to use the Limitation of Liability Act to severely limit the damages they were forced to pay.”

Congress introduced a bill that would have ended the use of the law to limit damages in the case of serious injury or death and strengthened laws used to hold oil companies accountable. But Big Oil and the shipping industry successfully lobbied to kill these reforms. The bill to reform the Titanic Law never made it out of committee.

It’s early days for the blizzard of claims that are coming in the aftermath of the Key Bridge collapse. In addition to the shipowner’s insurance, it’s certain that the bridge owner had insurance that would call for payment unless the owner intentionally caused the damage, which isn’t the case. There will be uninsured costs that the US taxpayer will have to foot. More to follow.

Second, let’s talk about Trump’s pending case in the US District Court for the Southern District of Florida, to decide his fate in the stolen documents case. There are some new developments. After Special Prosecutor Jack Smith’s filing on Tuesday, former federal prosecutor Andrew Weissman offered:

“DOJ calls out Judge Cannon and her improper rulings, and signals it is ready and willing to take her up to the 11th Circuit.”

That means Smith may try to have Judge Cannon removed from the classified documents case. Smith asked her to rule now to give government opportunity to appeal and seek mandamus. From the Cornell Law School:

“In federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge’s decision but is blocked by rules…Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake.”

Remember that this is the case that the DOJ accuses Trump of illegally removing classified documents from the White House to his Mar-a-Lago residence and obstructing the government’s attempts to reclaim them, citing violations of the Espionage Act. Back in 2022, Wrongo said that the stolen documents case would be the easiest of the Trump cases to win, and therefore should go forward first. It was originally scheduled to go to trial in May 2024. That looks impossible now.

Cannon is a representative of the legal system that chased Daniel Ellsberg for years, and threw Reality Winner in prison. She can’t seriously believe that the storage of classified government documents in a Florida bathroom in defiance of requests and demands from the proper authorities is a lesser offense because the bathroom’s owner used to be president.

It’s likely that Cannon will not respond kindly to Smith’s use of 20+ pages to call her out. It’s the kind of thing that has elicited miffed responses from her in the past. At this point, Aileen Cannon is the most effective member of Trump’s legal team.

It also seems Smith is laying a record for a challenge to the 11th Circuit Court. Cannon may yet postpone the start of the trial scheduled for May 20 to after the November election. We have to hope she won’t have control of this case for that long.

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Osnos Finds Biden’s Sharp Despite His Age

The Daily Escape:

West Quoddy Head Light, Lubec, ME – February 2024 drone photo by Rick Berk Photography

Wrongo has lots of time for Evan Osnos, a writer for the New Yorker. Osnos wrote a great book Wildland: The Making of America’s Fury, a detailed look at America’s reactions to 9/11 and to the Jan. 6 storming of the US Capitol. He follows the lives of a few people that reveal how we lost the ability to see ourselves as part of a cohesive society. Highly recommended.

Apparently, Osnos is one member of the media that Biden is willing to spend time with. In a New Yorker article, Osnos offers a look into Biden’s state of mind as the 2024 election silly season begins. Osnos writes:

“If you spend time with Biden these days, the biggest surprise is that he betrays no doubts. The world is riven by the question of whether he is up to a second term, but he projects a defiant belief in himself and his ability to persuade Americans to join him….”

More:

“Now, having reached the apex of power, he gives off a conviction that borders on serenity—a bit too much serenity for Democrats who wonder if he can still beat the man with whom his legacy will be forever entwined. Given the doubts, I asked, wasn’t it a risk to say, “I’m the one to do it”? He shook his head and said, “No. I’m the only one who has ever beat him. And I’ll beat him again….”

Osnos thinks that for Biden, going against Trump is personal. After all, Trump tried to steal the presidency from him. Biden knows that Republicans have sold imaginary voter fraud to its voters to undermine the democratic process. Biden’s certain that he’s the best person to hold them at bay.

Biden knows that what Trump and the GOP are planning this fall is exactly what they did on Jan. 6, but with better planning.

The balance of the Osnos report is about Biden’s view of the upcoming election, about his view of Trump’s weaknesses, and about the negative polling on Biden’s policy stances and economic measures. Osnos asked Biden if it was possible for him to convert Trump supporters and others, given that he’s behind in the polls:

“Well, first of all, remember, in 2020, you guys told me how I wasn’t going to win? And then you told me in 2022 how it was going to be this red wave?….And I told you there wasn’t going to be any red wave. And in 2023 you told me we’re going to get our ass kicked again? And we won every contested race out there….In 2024, I think you’re going to see the same thing.”

Biden wants to make certain that we’re not going to buy into the 2022 red wave again. The NYT helped to push that narrative back then too just as it is today. Osnos, who wrote a book about Biden’s 2020 win, reflected on the changes brought about by age:

“For better and worse, he is a more solemn figure now. His voice is thin and clotted, and his gestures have slowed, but, in our conversation, his mind seemed unchanged. He never bungled a name or a date.”

Please. Will the American media just give Biden’s age a rest? John Harwood tweeted that the Osnos interview, like Harwood’s own last fall, “shows talk of his alleged mental decline as utter bullshit.

No one should be a Pollyanna about Biden’s reelection chances – 2024’s gonna be a fight. Osnos reminds us:

“Biden should be cruising to reelection. Violent crime has dropped to nearly a fifty-year low, unemployment is below four per cent, and in January the S&P 500 and the Dow hit record highs. More Americans than ever have health insurance, and the country is producing more energy than at any previous moment in its history.”

But today, the two Parties have wildly different intentions for the country and have very similar levels of support. In 2020, seven states hinged on a difference of less than three percentage points. Everything will come down to improving turnout on the margins.

Osnos also talked to a Biden campaign staffer, Mike Donilon, about a “freedom agenda”:

“It’s easy to miss how unusual a “freedom agenda” is for a Democratic Presidential campaign. Since the nineteen-sixties, Republicans have held fast to the language of freedom—from the backlash against civil rights to the Tea Party to the Freedom Caucus. But….he sees an opportunity for Democrats to…lay claim to the freedom to “choose your own health-care decisions, the freedom to vote, the freedom for your kids to be free of gun violence in school, the freedom for seniors to live in dignity.”

He also interviewed Bruce Reed, a close Biden aide who talks about how to bridge the ideological divide:

“We live in abnormal political times, but the American people are still normal people. Given a choice between normal and crazy, they’re going to choose normal.”

This is a distilled message that Biden can use in the election: Trump and his anti-Constitution, anti-rule-of-law, anti-democracy cult will sure as hell try to steal your vote this fall to install Trump. Remind voters that it’s not just an abstract: Democracy is certainly on the line this fall, and if Trump returns to power, he intends to gut your freedoms.

We could all help Biden by asking our friends what are they prepared to do?

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Two More Reasons For Cynicism

The Daily Escape:

Bee in a Fishhook Cactus bloom, Anza Borrego SP, CA – February 2024 photo by Paulette Donnellon

“I worry that no matter how cynical I get, it’s never enough…”Lily Tomlin

There are abundant reasons for cynicism today. First, Sen. Mitch McConnell (R-KY)  will step down as Senate minority leader, three years ahead of his retirement from the Senate. McConnell said the recent death of his wife’s sister reminded him of his mortality, which encouraged him to step down and take a seat in the back. But for an 82 year-old man who is in iffy health, McConnell may not want to keep sweeping up after the growing number of rogue elephants in the Senate any more.

Wrongo is glad he’s finally going because he’s an awful human being. However, after the Republicans in the Senate replace him, Wrongo is certain to miss the good old days when McConnell was in charge, because whoever follows him will be much worse.

A short look back on Mitch’s tenure: He made it his mission to ensure that nothing would get done under Obama, even if it meant the country went into a default. McConnell denied Obama the chance to fill a Supreme Court seat, holding it open for Trump. If it wasn’t for Mitch’s partisan warfare, Trump wouldn’t have appointed three right wingers to the current Supreme Court; Roe v. Wade would still be the law of the land.

McConnell fundamentally changed the way the Senate works. Now we all know that if something passes the Senate it needs 60 votes. Mitch McConnell made votes for Cloture (the procedure by which debate is ended and an immediate vote is taken on the matter under discussion) a huge thing. Under McConnell’s leadership, cloture votes went from a handful each term to hundreds.

McConnell will be remembered for his cowardly votes in two Trump impeachment trials. His failure to lead the Senate to a Trump conviction for the Jan. 6 insurrection may well have doomed our democracy. We remember him for his brazen/unprofessional treatment of Sen. Elizabeth Warren (D-MA) (“…nevertheless, she persisted…”). If it hadn’t been for John McCain, Mitch would have dismantled the ACA, leaving millions of Americans without health insurance today.

His legacy will be his success in his decades-long work of damaging America:

Today’s second reason for cynicism is the Supreme Court’s decision to take up the question of whether Trump enjoys total Presidential immunity for his actions in the January 6th case. Their decision sent a shockwave through the nation, dismaying Democrats and any American who understands the implications of the delay. Thanks to a corrupt Supreme Court, the most important of Trump’s four (four!) criminal trials may not be finished before Americans cast their ballots in November.

From Rick Wilson:

“The Court handed…Trump two gifts last night: time and comfort….The gift of time was so deliberate that it can only serve as one more blow to the Supreme Court’s battered reputation. The Court…should move with dispatch in vital cases….If the immunity case isn’t of the most critical urgency and consequence, what is? Take it as given that the Supreme Court of 2024 is the most intensely political of our lifetimes….”

The Court’s surprise grant of review was a gut punch for many Democrats. They set the oral argument for April 22, 2024. It is doubtful that an opinion will be issued before June 2024. So, there is little chance that Trump will be on trial in the federal election interference or defense secrets cases before the November election.

There is no doubt that the Court was aware that they’ve delayed the Jan. 6 trial at least four months, past the point at which Trump will be the Republican Party’s nominee. That time frame is traditionally when the Department of Justice (DOJ) refuses to pursue cases against presidential candidates. Will Attorney General Garland have the cojones to let the case proceed, or will he tell Special Counsel Smith to pause it?

In some ways, this changes nothing. Wrongo has said that the courts were never going to derail Trump’s candidacy before November. We, the American people, remain in charge of our destiny, and thereby, Trump’s eventual accountability. Our remedy lies in defeating Trump in November. If that happens, Trump will be convicted. There is no cavalry coming. There is no miracle solution.

If we fail to do so, when Trump is again president, he will use the DOJ to end his federal criminal prosecutions.

It was clear that no conviction of Trump (including appeals) for Jan. 6 or the secret documents cases could possibly be final before the November election. A final verdict wouldn’t be achieved before the election, so obsessing over when any Trump trial begins is pointless.

Those who hoped the legal system would stop Trump are disappointed. As is anyone who hoped McConnell’s Senate would stop Trump in February 2021. As are those who hoped Garland’s DOJ would move (quickly) to hold him accountable in 2021 and 2022.

Once again the US Supreme Court has put its thumb on the scales of justice to preserve Republican political dominance. We all recall Bush vs. Gore where an earlier version of a Right-wing Supreme Court gave the 2000 presidential election to GW Bush. Back then, everyone said it was a “one-off” intervention in the democratic process. But here we are, 24 years later with another one-off.

To pull together these two stories, Mitch McConnell didn’t steal the Supreme Court for nothing,

Wrongo thinks that the many elite lawyer pundits are starting to realize that maybe, just maybe, a majority of the justices on the Supreme Court are robe-wearing political hacks doing whatever they can to perpetuate Republican Party policy.

There remains only one guardrail left to check the Conservative goal of restoring rich, white-Christian hegemony: Voters.

Make America Great Again, Trump for Prisoner!

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