Constitutional Issues – The Wrongologist

Update On Book Banning

The Daily Escape:

Ashokan Reservoir, Ulster County, NY – February 2024 photo by Dan Mish

The GOP effort at book banning isn’t going well. DeSantis acts SHOCKED that his punitive censorship laws have resulted in chaos and excessive book banning in Florida public schools. DeSantis knows he went too far. Mr. Never Back Down, is in fact, backing down:

“With objecting – if you go to a school board meeting objecting. If you have a kid in school, okay. But if you’re somebody who doesn’t have a kid in school and you’re gonna object to 100 books? No, I don’t think that’s appropriate. So I think the legislature is interested in limiting what the number of challenges you can do, and maybe making it be contingent on whether you actually have kids in school or not. We just want to make sure we’re not trying to incentivize frivolous objections or any type of games being played.”

But don’t get your hopes up. The Propaganda Professor (PP) takes a look at book banning, riffing on a National Review article “Book Curation is Not Censorship”:

“Curation is the process whereby a venue (library, museum, theater, etc.) decides what products to offer its patrons….But curation means making such decisions…on the basis of such factors as quality, relevance, timeliness, and constraints of space and budget. Those factors for the most part do not figure into with what is happening in Florida, Texas and elsewhere. Books are being pulled just because someone chooses to find them offensive….And those choices aren’t being made autonomously. They’re being made under intense pressure from government bodies and their proxy agitators.”

While denying that they’re really banning books, Right-wingers offer attempts to justify the bans they say that they’re not really doing. They often brand the offending book as “pornographic”. They slap the “pornography” label on anything that makes any vague reference to sex. Another common claim is that the books being attacked are guilty of somehow “indoctrinating” kids into…something. Usually some combination of “liberalism”, “leftism”, “communism” or “anti-Americanism”.

“There are two types of books in particular to which they are eager to award the Indoctrination Trophy. One is anything with a gay or trans character, or that even makes reference to a gay or trans character….Such books, they…warn, are indoctrinating kids into the gay ‘lifestyle’…”

A huge problem is banning books that have too much truth about racism. If you write about the horrors of our shameful past, you can expect to be branded as someone who “hates white people”. One of the books removed for “review” was a biography of baseball legend Roberto Clemente because it mentioned the racism he encountered in baseball. Above all is the complaint that so much literacy will indoctrinate our kids into wokeism or leftism — or whatever FOX says is the equivalent du jour.

Saturday’s Hot Links

The Daily Escape:

Grand Canyon, South Kabab Trail, AZ – February 2024 photo by Lynsey Schroeder

We’ve made it to Super Bowl weekend, but not without bumps and a few bruises caused by this week’s edition of America’s dysfunctional politics. Today, let’s do a lightning round of mostly bad and a few good stories from the past week.

First up, Special counsel Robert Hur has released his report declining charges against Biden in his classified documents case but finding he did willfully retain information. In the report, Hur goes out of his way to paint a damning portrait of the President. He cites several examples of memory lapses and describes Biden as a “well-meaning, elderly man with a poor memory.”

Hur’s message boils down to this: a well-intentioned, forgetful old man took the wrong stuff home from work. He “willfully retained” it, but we’re gonna let him go. Not because he’s president, but because we’re nice guys. Sotto voce: (because we probably couldn’t prove criminal intent). Maybe the DOJ felt Trump needed a win after 91 felonies.

There’s a pattern to the DOJ’s appointments of special counsels:

What’s amazing is that Biden now faces more heat from the media for being found innocent than Trump will if he’s found guilty. The multiple questions by reporters at Thursday night’s Biden press conference showed just how difficult it is for America’s media to focus on what’s important. The White House Press Corps should collectively be ashamed of its behavior during the press conference. They behaved like a pack of rabid hyenas.

Why the horrible behavior toward Biden, and the deference to Trump? Mainstream media outlets have long been obsessed with Biden’s age. They have not, however, given the same attention to Trump’s age or to his gaffes and incoherent comments. It’s sad that we’re in a situation where Trump’s multiple indictments seemingly are politically advantageous to him, and Biden’s exoneration is politically terrible for him.

Given the media’s obsession, it won’t matter how well Biden does in public. If he makes one mental slip it becomes confirmation that the biggest concern about him is true. He can’t be perfect every day for the next nine months. Nobody can.

Next, Reuters reported that the Hawaii Supreme Court has upheld the state’s laws that generally prohibit carrying a firearm in public without a license. In the process, they criticized the US Supreme Court’s rulings that have expanded gun rights:

“The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.”

This is a direct attack on the US Supreme Court’s 2022 ruling in “New York State Rifle & Pistol Association v. Bruen” which recognized for the first time that the Second Amendment protects an individual’s right to carry a handgun in public for self-defense. More:

“The Government’s interest in reducing firearms violence through reasonable weapons regulations has preserved peace and tranquility in Hawai’i. A free-wheeling right to carry guns in public degrades other constitutional rights….The right to life, liberty, and the pursuit of happiness encompasses a right to freely and safely move in peace and tranquility. Laws regulating firearms in public preserve…liberty and advance these rights….There is no individual right to keep and bear arms under Article I, Section 17. So there is no constitutional right to carry a firearm in public for possible self-defense.”

Hawaii for the win!

Third, on February 9, 1964, 60 years ago, Ed Sullivan hosted the Beatles on his show. If you’re a member of the baby boomer generation, chances are you were sitting in front of a television that night. Seventy-three million Americans joined in to watch something they had never seen before. You can wake up old memories by watching “I Wanna Hold Your Hand” here.

Fourth, after blocking the border bill on Wednesday, Senate Republicans allowed a clean funding bill for Ukraine, Israel, and Taiwan to advance toward a vote. In the meantime, Ukraine is close to losing Avdeevka, a major eastern city to the Russians.

Fifth, disinformation watchdog groups have uncovered a covert, coordinated Russian effort to spread disinformation via Telegram and X/Twitter across the Texas border about a US Civil War:

“The disinformation campaign…expanded after Russian politicians spoke out when the US Supreme Court lifted an order by a lower court and sided with….Biden’s administration to rule that US Border Patrol officers were allowed to take down razor-wire fencing erected by the Texas National Guard…..There also appear to be a number of Russian accounts on X posing as pro-Texas groups, in another echo of 2016 when an account that claimed to be run by Tennessee Republicans was outed as Russian-run.

One of the suspect accounts is the Texan Independence Supporters, which has already been called out for spelling errors and constantly referencing Ukraine and Russia. On Sunday, the account claimed “we are a Texan organization, not Russian. We can definitely assure ya’ll [sic] that we’re not Russian.”

Another reminder that the internet is a cesspool.

Enough! It’s time for our Saturday Soother, where we stop obsessively scrolling through our news feeds and take a few moments to chillax and gather ourselves for another week hearing all the reasons why it’s necessary to continue bombing Palestinians.

Here at the Mansion of Wrong we’re preparing to host a small Super Bowl viewing party with as many high-calorie, high-fat appetizers as we can eat.

To help you relax, find a spot near a south-facing window and watch and listen to George Gershwin’s “Rhapsody in Blue”. February 12^th is the 100^th anniversary of this work that combines jazz and classical origins into an iconic American work. Here it is performed by Leonard Bernstein conducting the New York Philharmonic while playing solo piano in 1976 in Frankfurt, Germany:

(hat tip to Marguerite S.)

Wrongo was struck by how Bernstein was able to conduct and play. Maybe multi-tasking IS possible.

What America’s Nazi Period Tells Us Today

The Daily Escape:

Lenticular clouds over Mt. Washington, with Mt. Washington Hotel in foreground, Bretton Woods, NH – January 2024 photo by Terri Stinn

“Those who cannot remember the past are condemned to repeat it.“– George Santayana

“We are the United States of Amnesia, we learn nothing because we remember nothing.” – Gore Vidal

Wrongo and Ms. Right watched an American Experience offering on PBS called “Nazi Town USA”. The video tells the story of the German American Bund, (Bund) a pro-fascist, pro-Nazi organization that at its peak in the late 1930s, had some 100,000 US members.

The Bund (bund is German for “organization”), was founded by German immigrant Fritz Kuhn in Buffalo in 1936. His vision was to create a pro-Nazi ideology within the US. Kuhn and his people used patriotic images of George Washington and the American flag to attract Americans of German descent as members. But the organization’s goals were wider: To create a “socially just, white gentile-ruled United States” and a “gentile-controlled labor union free from Jewish Moscow-directed domination.”

He sounds nice. The US in the 1930s was a hotbed of the fascist-curious. Coming out of WWI and heading into an international economic depression, America was as polarized as it had been since the Civil War. There were racist, antisemitic, anti-Catholic, anti-immigration and anti-democratic viewpoints that weren’t quietly whispered but were yelled. America’s greatest threat, many feared, were the Communists. Millions, (including members of Congress), belonged to the KKK. Father Coughlin was on the radio. Henry Ford had financed the publication of “The International Jew,” an antisemitic tract. And in New York, the Bund was fomenting a coup, and filling Madison Square Garden with followers. In Yaphank, a town on Long Island, tract homes for Bund members were going up on Adolf Hitler Street.

According to historian Bradley W. Hart, who gives commentary in the documentary:

“This was a period of incredible turmoil in the US. You have the Great Depression, you have people who have lost everything….At this moment…you have…people like Hitler and Mussolini, who are preaching hate and preaching that they have a solution to the real pain that people are feeling, it’s inevitable, unfortunately, that some will be attracted to that message.”

The Bund was just one of hundreds of right-wing and fascist-friendly groups in the US in the 1930s. The video linked above includes a chilling clip (@12:39 minutes) of Italy’s then-Prime Minister Mussolini, reaching out to his fascist friends in America: (emphasis by Wrongo)

“I am very glad to be able to express my friendly feelings towards the American nation, my fellow citizens who are working to make America great…”

For Wrongo, that revealed a shocking throughline to 2016, and then on to America today.

The Bund had chapters all across the country. Their high point was holding a Swastika-bedecked rally attended by 20,000 at Madison Square Garden in 1939. FBI chief J. Edgar Hoover, despite instructions from FDR, had little interest in investigating the Bund’s head, Fritz Kuhn. Hoover was far more concerned with Communism. Back then, “Jewish Communism” was a catchphrase used by Kuhn.

The documentary uses scenes from the Academy Award-nominated short documentary “A Night at the Garden,” of the 1939 “Pro-American Rally” at Madison Square Garden held by the Bund. When Kuhn takes the stage at the rally, an announcer says:

“We love him for the enemies he has made…”

Doesn’t that sound disturbingly familiar? And you then learn that Kuhn supporters beat up a demonstrator who ran on stage, are you surprised that we see the same at Trump rallies today? Subsequently, Charles Lindbergh emerged as head of a supposedly non-partisan group, “America First” that urged the US not to oppose Hitler’s war in Europe.

Trump embraced the “America First” rubric starting right after his inauguration.

After Nazism and Fascism were defeated in Europe in WWII, there wasn’t much of a reckoning inside the US with those who were Fascists or Nazis. There was a wish to simply forget about the fractious politics of the 1930s. Kuhn was deported to Germany, and the Bund collapsed.

But the Bund members and fellow travelers didn’t disappear. They simply blended back into the social fabric of America’s towns. And the ideas certainly didn’t disappear, they’re still with us today. We’re seeing them re-emerge not just in the US but also throughout Europe. There will always be citizens who when they see a threat, prefer having a strongman around to uproot it.

Tom Nichols, a Never Trump conservative who writes for the Atlantic, offers this:

”Early last month, he echoed the…language of Adolf Hitler by describing immigrants as disease-ridden terrorists and psychiatric patients who are “poisoning the blood of our country.”

Nichols quotes from Trump’s talk in Claremont, NH:

“We will drive out the globalists, we will cast out the communists, Marxists, fascists. We will throw off the sick political class that hates our country….On Veterans Day, we pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country, that lie and steal and cheat on elections and will do anything possible…legally or illegally to destroy America and to destroy the American dream.”

As the New York University professor Ruth Ben-Ghiat said in the WaPo about the same speech, Trump is populating this list of imaginary villains (which she sees as a form of projection) in order “to set himself up as the deliverer of freedom. Mussolini promised freedom to his people too and then declared dictatorship.”

It’s possible that Trump doesn’t really understand what he’s saying. But when he uses terms like “vermin” and expressions like “poisoning the blood of our country”, we’re not required to spend a lot of time trying to give him the benefit of the doubt.

And you can be certain that the people around Trump completely understand what he’s saying.

Time to face up to the truth. Trump is a fascist, even if he’s too ignorant to label what he is. He’s naturally gifted at propaganda and he’s demonstrated amazing political power with his Big Lie. Others on the extreme Right have noticed and see the potential of using him for fascistic purposes.

Fascism is back in America, whether we call it by its name or not.

Americans Dread The Future

The Daily Escape:

Manhattan Beach Pier, CA – December 31, 2023 photo by Michael Franich

Welcome to Wrongo’s first column of 2024. Let’s dispense with the reviews of last year and the forecasts of this year. Let’s try to describe what we’re all feeling as we say so long to the presidential campaign of 2023, and welcome in the presidential campaign of 2024.

What’s the overwhelming feeling that comes to mind for Americans when thinking about the upcoming presidential election? Dread, according to a Yahoo News/YouGov poll:

“The survey of 1,636 US adults…offered respondents seven emotions — three positive, three negative, one neutral — and asked them to select any and all that reflect their attitude toward the 2024 campaign.

Dread, the most negative option, topped the list (41%), followed by exhaustion (34%), optimism (25%), depression (21%), indifference (17%), excitement (15%) and delight (5%).”

Here’s the relevant chart:

“In total, a majority of Americans (56%) chose at least one of the three negative feelings (dread, exhaustion or depression), while less than a third (32%) picked at least one of the three positive feelings (optimism, excitement or delight).”

Wrongo test marketed the idea that “dread” was the watchword for 2024 at a New Year’s breakfast with people who span the political spectrum. They universally hated it, but after a short discussion felt it was arguably, the dominant feeling that they had about what will/might happen in 2024.

From the issue:

“We are feeling an acute sense of loss….But what do you call the feeling of watching your society being taken over by fanatics, monsters, and lunatics? How about the feeling of watching democracy crash and burn—remember, it’s declining by the stunning rate of about 10% a decade, putting its extinction within our lifetimes.”

Psychology Today gives us a frame to think about dread in their 2023 article, “How to Overcome the Sinking Feeling of Dread”: (emphasis by Wrongo)

“A sense of dread may be due to an abstractly internalized experience of external volatility called “disembedding”….This phenomenon refers to our ability to interact with one another without having to make face-to-face contact. The result is an overabundance of information that comes our way. It becomes abstracted and metaphorically slips through the fingers of our minds in trying to grasp what it is. With a few clicks through an Instagram feed, scrolling through Twitter, or even just opening your web browser to search for something, your brain becomes a dartboard for world news.”

“When one experiences this, there are often repeated attempts to secure a firm base. People will reassert their values as moral absolutes, declare other groups as lacking in value, draw distinct lines of virtue and vice, be rigid rather than flexible in their judgements, and punitive and excluding rather than permeable and assimilative….Another consequence of disembedding is the possibility of scapegoating: the underclass, racial minorities, new-age travelers, addicts, people with unusual behaviors, and other vulnerable social groups risk being singled out and demonized as the source of society’s problems.”

Dread makes us less tolerant of differences, and as a result, we punish them. This is the emotional backdrop for 2024, and the road ahead looks murky as hell. And facts increasingly don’t matter, since whichever side posits a fact, the other has a prepared rebuttal that says the source (even if its official statistics) are misleading if not outright lies.

The NYT’s Krugman notes that overall, the country’s in pretty good shape. The challenge is that people so far continue to blame Biden for the chaos and ugliness that Trump and his cult are creating: (brackets by Wrongo)

“The big question…was whether America would ever fully recover from that shock. In 2023 we got the answer: yes. Our economy and society have, in fact, healed remarkably well. The big remaining question is when, if ever, the public will be ready to accept the good news….America’s resilience in the face of the pandemic shock has been remarkable, [but] so has the pessimism of the public.”

The big question going forward is whether the grim narratives will prevail over our relatively sunny reality when we get to the 2024 election. Unfortunately, we are bathing in the hideous cultural nastiness caused by the Republican Right and it’s spread despair throughout the country.

Overcoming that mood (and the dread people feel) isn’t going to be easy, but disaster is certain if you give up. Individually, we each can do more than we think we can to keep America in good hands.

Start by no longer buying into the bullshit spewed by the mainstream media, in particular, the NYT. Their both sides coverage of Trump’s crooked behavior demonstrates their inability to let us know how real his threat is to the public.

The rest of the corporate media’s coverage is the same, with a few exceptions. Don’t overlook outlets abroad which had good reputations for thorough and unbiased reporting. In the age of the internet with translation capability at your fingertips, it’s not absurd to look outside of the US news rut for different perspectives.

As long as the GOP can paint the Democrats as the bigger enemy, Independent and anti-Trump Republican voters have an out; they can justify staying on the sidelines. The mainstream media’s complicit role in broadcasting the GOP strategy can’t be overstated. And the Democratic Party leadership’s long-term paralysis in the face of this simple equation is one reason why we’re in the situation we are in now.

Stop ascribing superpowers to the GOP. The Republican Party is a hot mess.

No matter what you read, act! Make a plan and act. It can be surprisingly easy to become a thought leader on the local level. Inside both Parties, the leaders are the people who show up and do the work. That’s it, that’s all it takes to begin making change happen. Show up, do the work.

We’re heading into what will be the toughest part of an existential fight for this democracy. It’s going to be an ugly, messy show, one that is certain to add to those feelings of dread. Plan on it and then show up to do the work it will take to beat back the fascists.

Think about the toll Americans will endure in 2024. How many women will die of complications from a pregnancy they couldn’t end? How many trans persons will give up because they can’t live as human beings with autonomy over their bodies? How many persons will die from Covid this coming year because of right-wing propaganda supported by elected GOP officials? How many futures will be shortened because children may not get the food, health care, or education they need?

How many families will be split up because they couldn’t find shelter?

Our message when we’re doing the work has to be about unity. It’s clear right now that Democrats are splintering in all directions. Some don’t want Biden because he’s pro-Israel. Young people find Biden to be too old. Some feel he’s too middle-of-the-road. We all need to remember American novelist Rebecca Solnit’s mantra:

“Voting is a chess move, not a valentine.”

The Colorado Case

The Daily Escape:

Squam Lake, NH – December 2023 photo by Robert John Kozlow

”If you aren’t paying attention to the courts, you aren’t paying attention to democracy”. – Mark E. Elias

The Colorado Supreme Court’s ruling that Trump is disqualified from appearing on the state’s presidential primary ballot because he engaged in insurrection was a bombshell. The plaintiffs included four Republican voters and officials, and two Independents. The organization bringing and managing the lawsuit was CREW and its chief attorney, Marc Elias, quoted above.

Some people are saying that it doesn’t seem right to toss him off of the ballot without a conviction. At issue is whether Trump is such a danger to the country that he’s ineligible to be a candidate at all, and the Colorado Court’s reasoning for this seems very tight. It’s not an interpretation about his rhetoric or an evaluation of his political extremism. It’s solely a determination of whether he took an oath to protect the Constitution, and then fomented an insurrection against the government. And although the verdict was 4-3, all seven judges agreed that Trump had fomented insurrection.

The Court found that he’s ineligible. Regarding the “he must be convicted to be ineligible” argument: The criminal cases against Trump that are wending their way through the courts are varied in their accusations. None of them were brought solely or even primarily to prevent Trump from being elected president, although the Colorado case was. The others charge real crimes. The importance of those cases transcends the individual who committed them. A failure to bring them would set a precedent that we as a country think these behaviors permissible by a future president.

As for letting the people decide about Trump, we did that already. Biden got seven million more votes than Trump. Yet Trump’s still spouting the Big Lie that the election was stolen. Even after 60 court cases, Trump couldn’t prove there was any election fraud. Conservative Judge Luttig says that the 14th Amendment isn’t about removing someone from qualifying for office. Rather it’s about meeting a baseline qualification in order to be considered a QUALIFIED candidate.

There’s also an argument on the Right that Trump shouldn’t be in court at all. But we have a Justice system and in the Colorado case, the legal process was followed. The Court didn’t take any shortcuts; no extraordinary maneuvers were made.

Jon V Last asks why Republicans were on one side of the law in 2020 and on a different side today: (brackets by Wrongo)

“So ask yourself this: All throughout December 2020, everyone insisted that, no matter how foolish or baseless President Trump’s claims might seem, he was entitled to pursue the legal process vigorously to its end.

Why is that not true in this case? Why is it that Trump…[in 2020 was] entitled to have his day in court, but the forces [today] looking to apply different laws to a different end are not?”

Last reminds us that many of the same people who insisted that Trump could pursue all available legal remedies in 2020 wanted a result that would keep him in power. Now, they’re outraged that the people in state of Colorado also pursued legal remedies and won a result that might keep him from returning to power. There’s more from Jon Last. Those who are complaining about the result in Colorado are complaining not about the legal process, but the legal result:

“Have you ever noticed how, whenever Trump does something terrible, there is always an argument that holding him accountable can only help him?

You can’t impeach him in 2020, because it’ll just make him stronger.

You can’t impeach him in 2021, because you’ll turn him into a martyr.

You can’t raid Mar-a-Lago to take back classified documents because you’ll rile up his base.

/snip/

There is a…..helplessness to that thinking: A wicked man does immoral and illegal things—and society’s reaction is to say that we must indulge his depredations, because if we tried to hold him accountable then he would become even worse.

Is there any other aspect of life in which Americans take that view?

That’s not how parents deal with children.

It’s not how regulatory agencies deal with corporations.

And it’s not how the justice system deals with criminals.”

From Robert Hubbell: (emphasis by Wrongo)

“Every hesitation, reservation, and exhortation to ‘make an exception’ because of potential violence or political chaos is an invitation to abandon the Constitution. We do so at our grave peril and possibly for the first, last, and only time—because if we set our great charter aside once, there is no logical stopping point for setting it aside again when it serves the pleasure of a president who views the Constitution as an obstacle rather than a safeguard.”

The Colorado Supreme Court’s decision to ban Donald Trump from the state’s primary ballot for engaging in insurrection is probably on its way to the US Supreme Court. Wrongo isn’t a lawyer, so you should look elsewhere for a discussion of the finer points of the law in this case, and he has no confidence that the Supremes will decide against Trump.

But Wrongo wants to address one item, the question of whether a candidate should be tried while running for office. Just the Mar-a-Lago charges of mishandling highly classified information and then obstructing their return makes it clear that he should be tried regardless of his candidacy. The government needed to secure the secret documents Trump had stashed all over his club. Trump thwarted those efforts. And the case was developed before Trump declared himself as a candidate for 2024.

A thought experiment: Let’s imagine that Robert E. Lee or Jefferson Davis had run for US president in 1868. Either of them could probably win a solid South and be competitive in several border states. Making sure that they didn’t win at the ballot box what they couldn’t on the battlefield is why Clause 3 was included in the 14^th Amendment in July, 1868.

Would supporters of Lee or Davis have complained that they were ineligible for public office? Certainly! But, too bad. Insurrection and rebellion (still) have consequences. And nobody said that they had to be convicted before being ineligible.

When a president of the US loses an election and attempts to stay in power through violence, there really is no way to deal with it that doesn’t have a political component. But that means nothing to the merits of the case. Should we prosecute it only to the point that the ex-president decides to run again, and then drop it?

The whole Republican “let the voters decide” talking point was trotted out after the Colorado decision. It’s hilarious. We did that. We did let the voters decide. Biden won. And Trump refused to accept the results and sent a violent mob to overturn it. That’s the whole point of this case. We must apply the Constitution and the rule of law to Trump in the same way it would be applied to any other citizen.

Whatever lies ahead, let’s not underestimate the significance of the Colorado Court findings. They will figure prominently in the outcome in 2024. Our job is to fight for the soul of democracy and for a free and responsible government by popular consent.

Let’s close with a Christmas tune that is new to Wrongo: The Tractors perform their 2009 hit “The Santa Claus Boogie”, from their second album, “Have Yourself a Tractors Christmas”. The band no longer exists, as several of the members have died:

Cartoons of the Week – November 19, 2023

Since we couldn’t have a Saturday Soother, Wrongo wants to complain a bit today. But first, it was a bad week for cartoons. Here are the best:

It’s clear that many Americans can’t hold two thoughts simultaneously:

Biden sees through the turkey:

Complaint #1: We’re faced with a choice between our aging president and his aging contender for the job. Biden did quite well in his meeting with China’s president Xi. He seemingly met all of the American objectives for the meeting. In the press conference afterwards, he looked in command, walking across a minefield of questions, even with the gotcha question about whether Xi was a dictator, without any missteps.

But the press still talks about how old Biden looks. From Kevin Drum: (brackets by Wrongo)

“…having now listened to a number of Biden’s recent speaking gigs, there’s really no question that this [his age] is solely about his physical appearance. Cognitively, Biden is perfectly normal. The worst he ever does is the occasional verbal flub, a longtime Biden habit. Agree with him or not, he says what he means to say….He thinks Xi Jinping is a dictator and has repeated this [even] through the grimaces of his Secretary of State.”

Contrast that with Trump who doesn’t appear to be as old, but can barely remember who the president is, or how many world wars we’ve had. America will either elect a charade of an active former president with a deteriorating mind, or we can keep an active president with a strong mind but obvious physical limitations.

Which would you rather have?

Complaint #2: Speaker of the House Mike Johnson. Speaking on CNBC’s Squawk Box, he told Americans on Tuesday that our time-honored concept of separation of church and state, a founding principle of the country is a “misunderstanding”, that what the founders really wanted was to stop government interfering with religion, not the other way around:

“The separation of church and state is a misnomer….People misunderstand it. Of course, it comes from a phrase that was in a letter that Jefferson wrote. It’s not in the Constitution.”

Johnson was referring to Jefferson’s 1802 letters to the Danbury Baptists Association of Connecticut. In the letters, Jefferson makes clear that the founding fathers subscribed to a powerful separation of church and state, which they enshrined in the establishment clause of the First Amendment (even Johnson knows while the Amendments are technically “not” part of the Constitution, they really are).

It’s no surprise that the same people that believe the Constitution should be strictly interpreted are also trying to force an interpretation of it that allows them to make the bible integral to it. Integration of religion into politics has historically been something that fascists and authoritarians have used to get what they wanted.

Rolling Stone says that Johnson has:

“…a flag hanging outside his office that leads into a universe of right-wing religious extremism…”

“The flag is white with a simple evergreen tree in the center and the phrase “An Appeal to Heaven” at the top….this flag was a Revolutionary War banner, commissioned by George Washington as a naval flag for the colony turned state of Massachusetts.”

The quote “An Appeal to Heaven” was taken from John Locke. In the past decade, this flag has come to symbolize a die-hard vision of a hegemonically Christian America. Still more:

“…if you look closely at the…videos and pictures of the Capitol insurrection, Appeal to Heaven flags are everywhere. There are dozens, perhaps hundreds, of them…[in]…the crowd…”

An example from Jan. 6:

Rolling Stone has spent months researching this corner of Christianity known as the New Apostolic Reformation (NAR). They use the same flag hanging outside Johnson’s office, and it’s a key part of their symbology.

The NAR was formed in the 1990s around an evangelical seminary professor named C. Peter Wagner. This is a nondenominational network that believes they are the vanguard of a Christian revolution. In the mid-2000s, these NAR networks embraced a theological paradigm called the “Seven Mountain Mandate,” a prophecy that divides society into seven arenas — religion, family, government, education, arts and entertainment, media, and business.

The “Mandate,” as they understand it, is for Christians to “take dominion” and “conquer” all seven of these sectors and have Christian influence flow down into the rest of society.

Follow along for another minute: One of Wagner’s key disciples is Dutch Sheets. In 2013, Sheets was given an Appeal to Heaven flag. A friend told him that, because it predated the Stars and Stripes, it was the flag that “had flown over our nation at its birthing.” Sheets saw the flag as a symbol of the spiritual warfare-driven Christian nationalist revolution he hoped to bring about in American politics.

Sheets endorsed Trump’s candidacy and over the course of the 2016 campaign, the Appeal to Heaven flag and the NAR’s vision of a Christianity-dominated America became entwined with Trump.

Why does Johnson fly this symbol of Christian warfare at the House Speaker’s office when it is clear that the spiritual-warfare appropriation of it connotes an aggressive form of Christian nationalism. The Rolling Stone closes by saying:

“It is simply untenable to think that Johnson is unaware of what the Appeal to Heaven flag signals today. It represents an aggressive, spiritual-warfare style of Christian nationalism, and Johnson is a legal insurrectionist who has deeply tied himself into networks of Christian extremists whose rhetoric, leadership, and warfare theology fueled a literal insurrection.”

We The People cannot let the Mike Johnsons of the world take over our country.

When theocrats and fascists tell us who they are, believe them.

Trump Could Be President Even While Serving Time

The Daily Escape:

First fall foliage, Cox Brook, Northfield Falls, VT – September 2023 photo by John H. Knox

First, although we may know if Trump has been convicted prior to the 2024 election, it’s highly unlikely that he would be serving time by then, because his convictions (if any) will be appealed. The appeal process will take us well beyond when the Electoral College votes are counted in DC.

Second, The Constitution (before it was amended) contains just three requirements to become president: the person must be a natural-born citizen of the US, 35 years or older and a resident of the US for at least 14 years. That’s it.

In 1868, the 14^th Amendment added Section 3 of the Fourteenth Amendment to the original text that:

“no person shall … hold any office, civil or military, under the United States … who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

UCLA law professor Richard L. Hasen, a leading expert on election law, told CNN that Trump has a path to serving as president if he wins the election in 2024: (emphasis by Wrongo)

“The Constitution has very few requirements to serve as President….It does not bar anyone indicted, or convicted, or even serving jail time, from running as president and winning the presidency,”

And while some states prohibit felons from running for state and local office, those laws do not apply to federal elections. More from Hasen, on whether a president may serve from prison.

“How someone would serve as president from prison is a happily untested question…”

If Trump were in jail and prevented by law from leaving jail while his sentence was carried out, that would make running the government impossible. It wouldn’t necessarily prohibit him from serving as president from a cell, at least until he could pardon himself, another untested loophole.

If he tried to pardon himself, or to commute his own sentence, we’d wind up at the Supreme Court. From the NYT:

“Either action would be an extraordinary assertion of presidential power, and the Supreme Court would be the final arbiter of whether a “self-pardon” was constitutional.”

Trump would certainly sue to be released from jail, saying (correctly) that imprisonment prevented him from fulfilling his Constitutional obligations as president. Trump’s lawyers would argue that keeping a duly elected president in prison would be an infringement by the judicial branch on the operations of the executive branch. Again off to the Supremes we’d go.

So time for a few brief reminders: Trump faces no significant opposition to winning the 2024 Republican presidential nomination. Plan A among those who really don’t want Trump to win is to say:

“…he will lose in the general election.”

And there’s no Plan B. So, what will your options be if he wins? In general, your options are: Knuckling under, taking part in political violence, or leaving the country. And understand that, regardless of how submissive you are, the number of people who will die in police custody or while “resisting” will go way up. Let’s take your options one at a time:

Leaving the country is something only rich people can do and it wouldn’t dislodge Trump. It will make him more secure.
Political violence is personally risky. It requires moral compromise that makes our regular politics look almost pristine. And unless it’s large and well organized, it will fail.
Knuckling under to tyranny will probably be the response of most Americans, even though most would say that’s incompatible with their conscience.

But all that said, Ukraine’s limited success against a superpower shows that using today’s technology makes it relatively easy to hold large swaths of a country despite the other side’s having a much stronger military.

Wrongo thinks that after a Trump win in 2024, US citizens will have to think seriously about how to handle life under an authoritarian regime. Trump will start out with a soft form of authoritarianism. But later? Who knows what it becomes. A lot of people around the world live under authoritarian regimes, so while it’s awful, it’s also survivable for most people.

And think twice about resistance. As a thought experiment, list out the historical examples of a citizenry that successfully resisted a fascist takeover once the fascists had a firm grip on the judiciary and half of the legislatures.

America has one great shining example of what not to do when Bush v. Gore was decided in 2000. No Democrat (looking at you Bill Clinton!) told the Supremes to fuck off. Even Gore didn’t say “just keep on counting” in Florida. Instead, he crumbled. In a democracy, no court should ever tell the political branch to stop counting votes.

That election was stolen, but Democrats collectively just let it happen. Worse, two years later almost all of the Democrats in Congress voted for Bush’s nasty authoritarian terror bills and a war to avenge 9/11.

Wouldn’t it be much better this time around to make sure Trump doesn’t get the votes of any of your friends, family or neighbors? And better yet, that you get most of them out to vote?

Please don’t plan on sitting back and waiting for a conviction to deliver us from Trump. Why is it in the DNA of Democrats to keep looking for some external solution to our political problem?

Wrongo is an elderly white, married, upper-middle class male living in a Blue state. He’s going to be fine no matter what. He’ll worry about his kids and grandkids, but personally, Wrongo has nothing to worry about. His taxes may even go down again.

But he plans to resist, no matter what.

Remembering 9/11

The Daily Escape:

This mass includes parts of five floors of the North Tower of NYC’s World Trade Center that compacted on 9/11/2001 during the building’s collapse. iPhone photo by Wrongo taken at the 9/11 Memorial Museum, September 2016.

The above is among Wrongo’s favorite pieces at the 9/11 Memorial Museum. It is a charred and pitted lump of fused concrete, melted steel, carbonized furniture and other, less recognizable elements. It weighs between 12 and 15 tons and is four feet high. If you ever thought that humans who were in the Twin Towers when they collapsed might have survived, consider this pancake.

The 9/11 Memorial’s email today asked this question:

“Did you know that over 100 million Americans have been born since September 11, 2001?”

Although Wrongo has a grandson who was born later that week and who’s now turning 22, Wrongo had no idea that roughly 30% of Americans have no memory of this event that profoundly shaped America in the past 22 years.

What do those of us who do remember 9/11 want to tell those who can’t remember it? Maybe that there’s too much fear in America, and all of that fear is grinding us down. The visible scars of 9/11 are gone, but more than ever, America lives in persistent fear.

We distrust Russia. We worry about inflation. We worry that our budget deficit will bankrupt us. We fear for our kids’ safety while they’re in school. We worry that if we lose our job we won’t find another one. Some of us worry that we’ll never find the job we’re looking for. Some of us think the rest of us are Communists. The Lefties think the Righties are fascists, and we’re still afraid that ISIS will attack us on our streets. We fear the mob outside our gates trying to get in. We fear the immigrants already inside the gates.We think most of the news we see is fake. Many of us distrust our public school teachers.

Hell, we don’t trust our government!

Succumbing to so much fear has enabled the growth of internal threats that could end our democracy:

We’re so angry that we’ve lost much of our social cohesion
We aren’t willing to deal with income inequality
We’re seeing overt racism grow before our eyes
We see clear threats to the right to vote, or whether our votes will even count if we cast them

So today’s wakeup call is for America, particularly for those Americans born after 9/11. Don’t forget the heroes and the victims of 9/11, but please, learn to stop letting fear drive you as much as it drives those of us who are old enough to remember 9/11.

Here’s a 9/11 tune: The October 20, 2001 “Concert for New York” can’t be beat. It was a highly visible and early part of NYC’s healing process.

One of the many highlights of that 4+ hour show was Billy Joel’s medley of “Miami 2017 (seen the lights go out on Broadway)” and his “New York State of Mind”. Joel wrote “Miami 2017” in 1975, at the height of the NYC fiscal crisis. It describes an apocalyptic fantasy of a ruined NY that got a new, emotional second life after 9/11, when he performed it during the Concert for New York:

Check out the audience reaction to Joel’s songs. That doesn’t look like fear. That’s where we all need to be today in 2023. It isn’t hyperbole to say that the city began its psychological recovery that night in Madison Square Garden. Please visit the 9/11 Memorial and Museum if you haven’t been there yet.

You Say You Want A Revolution

The Daily Escape:

17 Palms Oasis, Anza-Borrego SP, CA – June 2023 photo by Paulette Donnellon. When Wrongo and Ms. Right lived in LA, we hiked to this spot twice with grandkids.

This year, the Fourth of July just won’t let go of Wrongo. Political historian Eli Merritt has an op-ed in the LA Times: The Fourth of July is all about America’s first principle — the right of revolution:

“This right of resistance against inequality and tyranny is the American way. It is the essence of the American experiment, beginning in the 1760s and 1770s with the colonists’ defiance of the Stamp Act, the Townshend Acts, the Tea Act and the Intolerable Acts; and in the 19th and 20th centuries with the abolitionist movement, women’s suffrage movement, the Emancipation Proclamation, the 13th, 14th, 15th, and 19th amendments, and the civil rights movement; and today with nonviolent fights for racial justice, equal voting rights, LGBTQ+ rights and women’s reproductive rights.”

We’re a country born of revolution. But after the Jan 6 insurrection, people are probably put off by the very idea of it. It’s what Trump’s seditionists did when they stormed the Capitol. Their goal was to prevent, or at least to obstruct, the certification of the 2020 presidential election.

And they did so by summoning the spirit of 1776. But in contrast to the J6 “protesters”, the people who approved the Declaration signed their names to a document. They didn’t wear hoods, masks, or camo gear and beat up people. The country’s “revolution” began with paper, pen and ink, with “revolutionaries” plainly identifying themselves. As Merritt points out:

“…the Declaration of Independence is a nonviolent manifesto. It makes no mention of swords, guns or war. Separately, the Continental Congress called upon American patriots to arm themselves, yet only in self-defense of God-given natural rights.”

Yet here we are in 2023, facing once again a fight for rights that we had already won, says The Guardian’s Rebecca Solnit: (emphasis by Wrongo)

“The first thing to remember about the damage done by the US supreme court this June and the June before is that each majority decision overturns a right that we had won…. What this means is that the right wing of the US supreme court is part of a gang of reactionaries engaging in backlash.”

In the 303 Creative v. Elenis case, the Supreme Court made a decision based on nothing, in which a woman refuses to perform a service she didn’t provide, to a gay couple that didn’t exist, in the name of religious “liberty.” That six Supremes jumped on this case is a travesty. We either back down and accept the direction these extreme Justices are pushing the country toward, or we fight.

Wrongo wants to fight, just like he did in the 1960s. It won’t be easy to win these rights back, but it isn’t impossible. And this from WaPo’s Jennifer Rubin:

“On…Independence Day, which celebrates rebellion against a monarch lacking consent of the governed, it behooves us to dedicate ourselves to robust and authentic democracy: government of the people, by the people, for the people — not by arrogant right-wing justices.”

The Supreme Court is the point of the American Conservative movement’s spear, and it must be our goal to blunt their extremisim. The ballot box is our only way out of this mess, so it will take an immense amount of organizing and effort to overcome the gerrymandering, active voter suppression and massive disinformation campaigns conducted by the media.

The current SCOTUS cannot change our beliefs and values. These rights are ours, regardless of what six Supremes say. From Solnit:

“If you didn’t believe that equal access and rights were wrong yesterday…you don’t have to believe it now. Not just because those rights were denied by six justices….”

The country is on our side. Gallup has a new poll of approve/disapprove of the Supreme Court:

This shows that the people agree with blunting the power of today’s Supreme Court. The final words go to Solnit:

“…history shows us that when we come together with ferocious commitment to a shared goal we can be more powerful than institutions and governments. The right would like us to feel defeated and powerless. We can feel devastated and still feel powerful or find our power. This is not a time to quit. It’s a time to fight.”

We must take every available measure in our democracy to revoke consent and remedy these unconstitutional decisions. It will require active engagement in all levels of the democratic political process, from local school boards to the presidency. We can’t take any political office for granted.

Help new voters obtain ID and register to vote. Educate yourself about the candidates, vote in the primaries. Get your friends and families to vote. Make sure no seat goes uncontested wherever a GOP politician holds office or runs without opposition.

Above all, do not let them assume that you consent to the loss of our rights.

Sunday Cartoon Blogging – July 2, 2023

We’re back from our Alaska vacation. It was extended two extra days in Seattle courtesy of United Airlines, who cancelled our flight, along with thousands of others. To add to United’s bad press, its CEO, Scott Kirby took a private plane out of New York while so many of his customers were grabbing hotel rooms they didn’t want, instead of sleeping in their own beds.

Wrongo promised more photos from Alaska:

June 2023 iPhone photo by Wrongo

This iceberg broke off from the Shakes Glacier, which is located in the Stikine-LeConte Wilderness of the Tongass National Forest. It stood about 20’ above the waterline. Since about 10% of a berg is above water, about 220’ of this bad boy was underwater in Shakes Lake which is about 800′ deep. We rode in a jetboat about 25 miles from Wrangell, Alaska to see it.

This week’s cartoons are about the recent decisions by the Supreme Court. SCOTUS released opinions in three big cases, the affirmative action case, the student loan forgiveness case, and the anti-LGBT+ case. Wrongo hasn’t had time to read them carefully, but the dissents by Justices Kagan, Sotomayor and Jackson made it clear that these decisions suck.

These cases show us a few things: First, that the concept of “standing” before the court means only what the Supremes say it means. Previously, It was about where the parties in a lawsuit “stand” in relation to each other. Back in the recent past, a party had to prove they had standing before a court considers the merits of a case. But:

In the gay website case, the plaintiff trying to inflict damage on the LGBT+ community didn’t need to show standing. The Colorado web designer, who the Supremes said could refuse to make wedding websites for gay couples, cited a request from a man who told the AP, he had never asked her to do any work for him. The state of Colorado said she didn’t have sufficient grounds to sue, but the Supremes ultimately said that she did.
In Biden vs. Nebraska, the plaintiffs in the student loan case couldn’t show injury. The Supremes said that the plaintiff, the state of Missouri, had standing because Mohela a student loan servicer, is an instrumentality of the state. Mohela has the independent power to sue and be sued, but it refused to sue in this case, and the state sued on its behalf. Justice Kagan in her dissent said:

“From the first page to the last, today’s opinion departs from the demands of judicial restraint…At the behest of a party that has suffered no injury, the majority decides a contested public policy issue properly belonging to the politically accountable branches and the people they represent.”

Second, we’ve learned that the 14th Amendment, which was originally written to insure that Black people had Constitutional rights, no longer applies to them. Now that the Conservative majority on the Court has ended racism, maybe we’ll get a new holiday to celebrate!

Third, this is what happens when a third of America doesn’t vote. In 2016, we were told to elect Hillary because of the Supreme Court, but America didn’t like the “mean” lady, and Trump was elected. Despite what you thought about her, this growing list of Supreme Court decisions that so many people disagree with are a direct result of that loss.

There are two kinds of freedom: Freedom to, and freedom from. But your freedom isn’t supposed to hurt anybody else. And historically when it did, we enacted laws curtailing that behavior, but no longer. Now, we’re out there all on our own.

Society is moving backwards. Wrongo grew up in the 1960s, those good old days when politicians and the courts strived to promote equality. Now society’s divided. Its coarser, and much less equal. “It’s on you to bootstrap your way to the top” is what the Supreme Court is telling us. We’re born and after that, you’re on your own. However your life plays out, it’s your fault. On to cartoons.

No ladder required: