Congress – Page 10 – The Wrongologist

Releasing Trump’s Taxes

The Daily Escape:

Surfing Santa via Pinterest

After more than 3½ years of pursuit, Rep. Richie Neal (D-MA), Chair of the House Ways and Means Committee finally was given access to Donald Trump’s tax returns. Trump had refused to provide them and sued to prevent the IRS from giving them to Congress.

But after a federal district court waited 2 ½ years before opining and a subsequently, a federal appeals court ruled in favor of the Committee, the Supreme Court declined to block the release of the returns to the panel last month. The Committee debated over whether to release Trump’s returns to the public and decided by a Party-line vote to do so.

The NYT tells us about the big takeaway from the release:

“The Internal Revenue Service failed to audit former President Donald J. Trump during his first two years in office despite a program that makes the auditing of sitting presidents mandatory, a House committee revealed on Tuesday after an extraordinary vote to make public six years of his tax returns.”

It’s called the Mandatory Presidential Audit Program, but the IRS never even got around to looking at Trump’s. It was only after the Committee asked about Trump’s returns in 2019 that the IRS finally opened an investigation of Trump’s 2016 returns, even though it had been tasked by that time with auditing him from 2015 through 2018.

That he wasn’t audited is strange, to put it mildly. Getting his returns has validated the Committee’s stated premise for opening the case. The Committee is now recommending that the Mandatory Audit Program, which has been in place since the Carter administration, be codified into law.

While not auditing the president, the IRS was quite busy auditing the returns of the FBI’s James Comey and Andrew McCabe, two enemies of Trump instead.

The Republican objection to releasing Trump’s returns was based on the idea that even public servants have a right to privacy about their financial matters. Wrongo has some sympathy for that, but the tax returns of all top government officials should be made public by law.

Rep. Kevin Brady (R-TX) warned that releasing Trump’s tax returns could lead to the release of tax returns of Supreme Court Justices:

Are you trying to hurt the Democrats, Kevin? Shouldn’t we routinely audit every senior government employee? Shouldn’t those audits be public? And especially the Supreme Court Justices, for whom ethics seem to be optional.

There’s also the threat that Republicans who will control of the House in January, will release the tax returns of Democrats. Wrongo thinks they should release any elected official’s return. After all, a government employee is paid by your taxes, so you have some right to transparency.

The difference is that Trump refused to release his, while most politicians release theirs after they are nominated for office.

For those Democrats who are now saying that it was a mistake to release them because of the Republicans’ possible retaliation, the last 30 years have been about Republicans going after Democrats with investigations and inventing scandals out of thin air for partisan political reasons. They will continue to do this irrespective of whether Trump’s tax returns were released.

Some media are reporting that Republicans are saying:

“….the Democrats don’t want to go down the road of releasing tax returns because where will it stop? with releasing tax returns of ordinary citizens?”

This is hyperbole. The media should ask Republicans who say this:

“Why are you so concerned about the House releasing the tax returns of ordinary citizens? Your Party will control the House. Are you concerned that your fellow Republicans would release tax returns of ordinary citizens?”

Next thing you know they’ll be asking for official college transcripts! Or, certified birth certificates. Oh, wait, they’ve already done that.

Because the Committee released Trump’s tax returns, we now know is that the IRS did not even begin its mandatory audits of Trump’s taxes until 2019 and hasn’t completed any of them.

Let’s close today with a tune for Hanukkah which this year is at almost the same time as the Christmas holidays. Let’s watch and listen to the Maccabeats perform “Latke Recipe” to the tune “Shut Up And Dance” originally performed by Walk the Moon. It’s fun, and who doesn’t like latkes?:

The Criminal Referrals

The Daily Escape:

Gateway Crossing Bridge, Houlton, ME – December 2022 photo by Christopher Mills Photography

The Jan. 6 Select Committee has completed its job. On Monday it approved a criminal referral for Trump, a former President, and a current Presidential candidate, on a series of charges that include insurrection and conspiring to defraud the US. Marcy Wheeler summarizes the findings of the Committee perfectly:

“Trump corruptly tried to prevent Congress to certify the electoral victory of Trump’s opponent. He did so by committing other crimes. He did so by mobilizing a violent mob. He did so using fraudulent documents. And most importantly, he did so for personal benefit.”

The Committee will publish their final report next week. They will turn over the unredacted interview material to the Department of Justice (DOJ) and its Special Counsel, Jack Smith. According to Punchbowl, the Committee has already begun cooperating with Smith, who apparently sent the Committee a letter on Dec. 5 requesting all of the panel’s materials from the 18-month probe.

Sadly, it seems that their report ignores the policing failures that occurred both before and on Jan. 6. One of the objectives of the Select Committee was to make recommendations about how the US Capitol could avoid a similar attack in the future. But it doesn’t seem that subject has been properly addressed.

While Wrongo believes that the investigation into Jan. 6 was critical and that it may eventually result in the DOJ indicting Trump at some point, conspiracy is a very high bar to prove against a common thief, much less against a former president who is used to communicating like a mob boss.

As Dan Pfeiffer says:

“…we will all wake up and go about our business. Donald Trump will continue to be the frontrunner for the GOP nomination and a legitimate contender to be the next President of the United States. The vast majority of Republicans will continue to stand with Trump — and most will do so enthusiastically.”

Before issuing any indictment, DOJ prosecutors must decide if there is a case to be made that includes sufficient evidence to convict the former President beyond a reasonable doubt.

And it could take the DOJ a year or more to get a grand jury to indict Trump. While the DOJ has had grand juries up and running and considering evidence about Jan. 6 for a very long time, building such a complex case may take long enough that by the time they’re ready to bring a case, it will be near the time of the GOP primaries.

The Mar-a-Lago secret documents case is an easier one to make. We know that an FBI search of the former President’s Mar-a-Lago home in Florida found more than 300 classified documents.

Trump’s removal of official government records from an office of the US is one possible charge. A second separately chargeable offense is theft of government records. Those two crimes carry maximum three-year and 10-year sentences respectively.

Then there’s the Espionage Act, which also carries a sentence of 10 years in prison. We know that before January 20, 2021, the Acting Archivist of the US asked for those records to be returned, and Trump’s White House Counsel Pat Cipollone agreed that Trump needed to return them before his term ended.

After Trump left DC with the documents, a grand jury subpoena demanded that all of them be returned to a courthouse located in Washington, DC.

These three crimes are relatively straightforward to prove. Garland and his team might decide that charging them alone suffices, without adding a fourth offense of obstructing a pending federal criminal investigation, into improperly taking and retaining the stolen documents.

Obstruction carries a 20-year maximum sentence — double the penalty for violating the Espionage Act. That shows how seriously that charge is considered under the law.

We know that Trump and his attorneys stonewalled the government for more than a year, refusing to return the 13 boxes of classified documents that the FBI’s August 8, 2022 search recovered. Most of this year has been an effort by Trump to delay the FBI and the DOJ from inventorying all of the classified documents that Trump took to Florida.

The DOJ has a strong case against Trump on the charges described above. They are easier to prove, and existing laws are very clear what the penalties are when it comes to the theft of classified documents. And there’s plenty of legal precedent for putting people who steal US government secrets in jail for a long time. If we want Trump taken off the battlefield before 2024, the theft of classified documents case is the best shot.

Let’s close with “Christmas Must Be Tonight“, a 1975 tune written by Robbie Robertson. It was released on the Band’s 1977 album “Islands”. This version is from that album. The tune appeared in the movie “Scrooged” in 1988. There is Rick Danko’s singing along with Robbie Robertson’s lyrics. It doesn’t get any better than this:

Chorus:

How a little baby boy bring the people so much joy
Son of a carpenter, Mary carried the light
This must be Christmas, must be tonight

What Should Happen When A Candidate Lies On Their Resumé?

The Daily Escape:

Christmas Tree, Cape Porpoise Harbor, Cape Porpoise, ME – December 2022 photo by Eric Storm Photography

Wrongo doesn’t like to write “Dems in Disarray” articles, but here goes. Monday’s NYT had a long article about a Republican Congressman-elect from Queens and Nassau County in NY. George Santos won and is set to be sworn in on Jan. 2. He ran as the “embodiment of the American dream”, something he wanted to safeguard for the rest of us. Turns out his back story is extremely difficult to confirm.

From the NYT:

“His campaign biography amplified his storybook journey: He is the son of Brazilian immigrants, and the first openly gay Republican to win a House seat as a non-incumbent. By his account, he catapulted himself from a New York City public college to become a “seasoned Wall Street financier and investor” with a family-owned real estate portfolio of 13 properties and an animal rescue charity that saved more than 2,500 dogs and cats.”

Ok, here’s the issue:

“….a New York Times review of public documents and court filings from the US and Brazil, as well as various attempts to verify claims that Mr. Santos, 34, made on the campaign trail, calls into question key parts of the résumé that he sold to voters…..Citigroup and Goldman Sachs, the…Wall Street firms on Mr. Santos’s campaign biography, told The Times they had no record of his ever working there. Officials at Baruch College, which Mr. Santos has said he graduated from in 2010, could find no record of anyone matching his name and date of birth graduating that year.

Grab your popcorn. More:

“There was also little evidence that his animal rescue group, Friends of Pets United, was, as Mr. Santos claimed, a tax-exempt organization: The Internal Revenue Service could locate no record of a registered charity with that name.”

Maybe Santos can explain. His financial disclosure forms say he has money. He lent his campaign more than $700,000 during the midterm election, has donated thousands of dollars to other candidates in the last two years and reported a $750,000 salary and over $1 million in dividends from his company, the Devolder Organization. But several times, he was evicted for failure to pay rent:

“In November 2015, a landlord in the Whitestone neighborhood of Queens filed an eviction suit in housing court accusing Mr. Santos of owing $2,250 in unpaid rent. In May 2017, Mr. Santos faced another eviction case, from a rent-stabilized apartment in Sunnyside, Queens. Mr. Santos’s landlord accused him of owing more than $10,000 in rent stretching over five months and said in court records that one of his tenant’s checks had bounced. A warrant of eviction was issued, and Mr. Santos was fined $12,208 in a civil judgment.”

He sure sounds legit. How does someone who was evicted for non-payment of a total of about $14,500 in rent wind up in a position where he can loan $700k to his campaign? What caused his sudden change of fortune?

But Democrats, why are we only learning about this after the election? Why wasn’t this seriously negative information available before/during the election? Democrats do opposition research, even in a state like NY where they expect to win most seats.

And it gets worse. Santos ran and lost in the same district in 2020. So the Democrat’s state political higher ups had YEARS to do opposition research on Santos, but they didn’t. The Chair of the NY state Democratic Committee is Jay Jacobs, who is also Nassau County Democratic Chairman. Under his leadership, the Democrats lost four Congressional seats in November.

Within days after the election, dozens of Democratic officials from across the state signed a letter calling for Jacobs to be replaced. They accused him of sleepwalking into the midterms. Was Jacobs asleep at the wheel? Jacobs blames low voter turnout, but it’s his responsibility to get Democrats to the polls, to motivate voters to show up. And to check out the backstories of the opposition.

BTW, the NYT reached out to Santos for comment:

“We could not locate the congressman-elect and a person living at his stated address had no knowledge of his existence.”

The federal government has a False Statements Act for material omissions or misrepresentations on personal financial disclosures. It carries a maximum penalty of $250,000 and five years in prison. We’ll see. The House also has internal procedures for investigating ethics violations, but because Republicans who will control the House with Santos’ help, have no bottom for the ethical lapses they’ll accept, NY is now probably stuck with this guy.

Let’s close with another version of the Mariah Carey hit “All I Want for Christmas is You” this time performed in 2021 by the Welsh of the West End, a group of UK theater performers:

Monday Wake Up Call – December 5, 2022

The Daily Escape:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sunday Cartoon Blogging – December 4, 2022

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

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

When will Trump get his just desserts?

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

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

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

Which is worse?

It’s Always About Turnout

The Daily Escape:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Workin’ On The Railroad

The Daily Escape:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Saturday Soother – House of Representatives Edition, November 19, 2022

The Daily Escape:

Verbena and sunset, Anza Borrego SP, CA – November 2022 photo by Paulette Donnellon

We start Saturday with a reflection on the outgoing Speaker of the House Nancy Pelosi (D-CA). Many think that she ranks as the best House Speaker in modern times.

Wrongo remembers her for standing up to Obama and his chief of staff, Rahm Emmanuel during the debate over the shape of the ACA. There was much concern about how far the Democrats could go with the bill. Emmanuel wanted to tone it down to meet objections from the GOP and from moderate Dems.

Pelosi met with Obama and his aides and said that she wouldn’t support anything but the full monte. That caused the White House’s effort to find a more moderate way forward to crumble. And America made its biggest single step toward providing health insurance to all Americans.

At the end, It was Pelosi not Obama, who made it happen. It was her ability to deliver her caucus that gave Obama et.al a spine.

Wrongo recently learned that when Nancy Pelosi was a teen and her father, Thomas D’Alesandro Jr., was mayor of Baltimore, she maintained his “favors book”. That explains much about her effectiveness when she finally got to Congress at age 47. At the point when she took office, she had five kids. Wrangling them, plus learning to keep a “favors book” was probably ideal preparation for being the first woman House Speaker.

This week, control of the US House has passed to the Republican Party. That means two things: First, that Republicans will now say that compliance with House subpoenas is mandatory, even though they purposefully ignored them for the last two years.

Second, Americans should prepare for investigations of the Biden administration by grandstanding GOP Congresscritters. James Comer (R-KY) held a press conference saying that he will be looking into Hunter Biden, his laptop, and his father. Comer, the incoming Oversight Committee chair, has said an investigation into Hunter Biden and other Biden family members and associates will be a priority. His idea is to try and position the president as having compromised national security.

If that seems to echo the FBI/DOJ investigations into Trump, well, that’s purely a coincidence. Be prepared to see absolutely nothing get done over the next two+ years that might improve the lives of the American people.

Let’s spend a minute on Hunter Biden’s laptop. Last March, the WaPo did a story on a security review it had authorized of the disk drive on the “Hunter Biden laptop”. The WaPo asked security experts Matt Green and Jake Williams to review the drive to see what they could authenticate. From the WaPo:

“In their examinations, Green and Williams found evidence that people other than Hunter Biden had accessed the drive and written files to it, both before and after the initial stories in the New York Post and long after the laptop itself had been turned over to the FBI.”

So people had kept adding content to the “laptop,” making it impossible to say what was on the “laptop” when it was originally provided to the Delaware computer repair shop.

Monday Wake Up Call – November 14, 2022

The Daily Escape:

Bison at Grand Teton NP, WY – October 2022 photo by Kerry Key

As we peel the onion of the midterms we learned something from Massachusetts that’s worth thinking about:

“Massachusetts voters approved an amendment to the state constitution that will increase taxes on those earning more than $1 million a year…. The state’s constitution currently requires all income be taxed at uniform rates. The $1 million threshold will be adjusted each year to reflect cost-of-living increases.”

Fifty-two percent of voters approved the amendment which will add a 4% tax on annual incomes above $1 million, on top of the state’s current 5% flat income tax. It takes effect in 2023, and will fund public education, roads, bridges, and public transportation.

It’s expected the new tax will affect roughly 0.6% of Massachusetts households, according to an analysis from Tufts University. The new tax also applies to “one-time millionaires,” including people who make more than $1 million in taxable income from selling their homes or businesses. It’s estimated to bring in roughly $1.3 billion in revenue during fiscal 2023, according to Tufts.

Supporters applauded the new tax as a necessary step to address MA’s income inequality gap. The Economic Policy Institute ranks Massachusetts as the sixth-worst state in the country when it comes to income inequality.

It is true that the US is one of the most economically unequal nations in the developed world. Most of the income and wealth gains of the last decade have gone to the richest 0.1%—households with annual incomes of $2.4 million and wealth of at least $32 million.

So it isn’t surprising that a similar idea has floated around DC for some time. In October 2021, Biden introduced a “millionaire’s surtax,” bill that would raise taxes on all forms of income, including wages, capital gains, and dividends. It would have imposed a 5% tax on incomes above $10 million and an 8% tax on incomes above $25 million, raising $230 billion over 10 years from the wealthiest 0.02% of Americans.

Naturally, it didn’t pass.

So the effort moved to the states, with success in 2022 Massachusetts and failure in California, where its millionaire’s surtax was defeated, 59%-41%.

In some ways, the millionaire tax debate is emblematic of the nation’s deep political divide. Republicans everywhere only want to see taxes go down, and Democrats are seeking to raise them to fund long term problems like battling climate change and adding better infrastructure.

The GOP asks: If climate change is an existential issue affecting us all, does it make sense to address the issue by taxing only a handful of households? Your answer may be different from Wrongo’s who sees the question as a way to deflect the discussion into an endless loop of “whataboutism” regarding who pays taxes.

Republicans have refused to support carbon use taxes. They’ve refused to support cap-and-trade carbon taxes. Most of them deny that climate change is happening and refuse to pro-actively plan to moderate greenhouse gas emissions, here or anywhere else. So they aren’t engaging in a serious discussion when they ask the question.

Although efforts to raise taxes on millionaires have stalled in Washington, they haven’t gone away. That will happen if Republicans control the House in January 2023.

Time to wake up America! Deficits can grow to the sky at the national level but states have to balance their budgets yearly. That’s why some states are making the choice to raise taxes on millionaires, the very people who have gained the most in the past 50 years. Raising taxes is a must in most states for the remainder of this decade.

To help you wake up, watch, and listen to Molly Tuttle channel Grace Slick while covering the Jefferson Airplane’s “White Rabbit“. Tuttle was just named the International Bluegrass Music Association’s Guitar Player of the Year, so you’re seeing “White Rabbit” done as bluegrass, performed in October 2022 in Portland, ME:

Tuttle is an amazing performer. You can learn more about her here.

Saturday Soother – Midterms Edition, November 12, 2022

The Daily Escape:

Colorado River with the Fisher Towers and the La Sal mountains in background, UT – November 2022 photo by Benjamin Williamson Photography

Wrongo can admit to being anxious and a bit depressed during the two weeks leading up to the midterms. But it wasn’t the blowout that America’s BS pollsters and the slavish media had been predicting. So he’s feeling better.

While it’s still too early to know what the political landscape will be in 2023, we can be reasonably sure that the Republicans will control the House and the Dems the Senate.

If that happens, what should Biden’s strategy be? It’s likely that he will retool the White House into a more overtly political operation with a focus on 2024. Axios reports that Biden’s considering bringing on a business leader to improve Democratic relations with the business community. That becomes more important if the US is heading into a recession sometime before the 2024 presidential election.

The idea is for Biden to stay in front of any potential financial crises. His team wants to be sure he’s getting a 360-degree view of the economy, even if that means angering the Party’s progressive wing.

Biden also plans to sharpen the contrast between Democrats and Congressional Republicans. It’s certain that the GOP will at best, hold only a narrow margin in the House. Some Republican Congress Critters are already considering mounting a challenge to Rep. Kevin McCarthy (R-CA) as House Speaker.

That’s likely to leave Republicans with an unwieldy and possibly chaotic majority, which should give Democrats an opening to be on offense. If Democrats keep their minimal Senate majority, Biden could promote his agenda in the Senate and then continually ask why House Republicans are stalling it.

And when it comes to House Republicans spending time investigating the Biden administration, Biden and his team should use similar delay and deflect tactics as the Trump administration did.

The MAGA fringe in the House will also try to hold the country hostage to increases in the debt ceiling. It’s logical that a Dem + responsible Republican faction will work on a bipartisan basis to stave off the MAGA effort to burn up America’s credit rating.

Wrongo would urge the Senate and the House to try to get two big things accomplished in the lame duck session. It MUST complete its reforms of the Electoral Count Act. Over the summer, a bipartisan group of senators reached a deal to make it harder to overturn a presidential election. The proposal still needs to be approved by both chambers. The Senate proposal has the backing of Senate Minority Leader Mitch McConnell. The House has passed a slightly different version, but if it doesn’t get done by January you can kiss these reforms goodbye.

Second, the Senate should attempt to use the budget reconciliation process to raise the debt ceiling to preclude House Republicans from threatening default on the national debt as pretext for extracting concessions on Social Security, Medicare, and possibly, Veterans benefits.

If Biden can have success with working across the aisle on the Electoral Count Act along with the budget and debt ceiling, that will position Democrats (and Biden) as the adults in DC politics. To the extent that inflation continues to fall, and we avoid a deep recession, Biden can claim the Democrats are doing a good job on the economy.

Since it’s Saturday, welcome to our Saturday Soother. Wrongo invites all readers to pause for a few hours, (or more) to recharge after escaping the phantom red wave. It is imperative that we prevent burn out because there’s much more to do before the new Congress is sworn in, in January.

For Wrongo, that means going outside and doing yard work, or simply wandering around the fields of Wrong.

Wrongo and Ms. Right started this early on Friday by taking a walk in a nearby town park. The leaves on the park’s trees are down, but the grass and plants remain green and the air was warm. Despite being a national holiday the park was nearly empty, making for a delightful escape.

To help you pause, grab a seat by a south-facing window and watch and listen to Telemann’s “Sonata in D major, TWV 44:1” played here by the Bremer Barockorchester (Bremen Baroque Orchestra). It was performed at the Unser Lieben Frauen Church in Bremen in October 2021. It features a very interesting performance on a 3′ long natural trumpet, which is valveless. Julian Zimmermann is the great musician making this solo trumpet performance:

The Wrongologist

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Category: Congress

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