Constitutional Issues – Page 8

Trump’s Subversive Ploy

The Daily Escape:

Sunrise, Mauna Kea, HI – 2020 photo by laramarie27

When the joint session of Congress begins on Wednesday at 1 pm, all eyes will be on VP Mike Pence. He has a ceremonial role with just three duties: Open the states’ envelopes, hand them to tellers to count, and announce the winners.

Article 2 of the Constitution dictates that the president of the Senate, (Mike Pence) shall open the envelopes that contain the electors’ votes and the certifications from every state. Then it says that the votes shall be counted, but it doesn’t specify how. So Congress remedied that with:
The Electoral Count Act of 1887 along with subsequent statutes are designed to minimize the role of Congress in election disputes, giving that responsibility clearly to the states. The Act specifies the procedures states should follow to resolve disputes, how they should certify the results, and the fact that each state’s governor should send those certified results to Congress.

If those procedures are followed, then those certified electoral votes will be counted. But in Trumpland, things are always different.

At the joint session, as Pence opens each state’s envelope (in alphabetical order), he hands it to four tellers— two chosen by the Senate, two by the House— who then count the electoral votes inside and keep a running tally. The objections in writing to a particular state’s electoral votes by a member of the House and a member of the Senate must happen prior to beginning the counting process for the next state.

Sen Ted Cruz (R-TX) announced that he’s going to object to Arizona’s votes. Arizona is third in alphabetical order, but no Republican will object to the votes from Alabama or Alaska since Trump won both states. Expect a few Republican House back-benchers to join Cruz.

There will likely be objections to the votes from Arizona, Georgia, and Pennsylvania, and maybe more. The Representatives and Senators will then retreat to their respective Houses, debate the objection for up to two hours, then vote on it. And this will happen for each state that Trump is trying to overturn the electoral vote results.

At the conclusion of this kabuki play, we will get a definitive count of Republicans who are happy to undermine democracy on the basis of lies, conspiracy theories, and grifting. This should be the easiest vote of their careers: simply doing their Constitutional duty. But, as Michael Gerson says:

“They not only help a liar; they become liars. They not only empower conspiracy theories; they join a conspiracy against American democracy. They not only excuse institutional arson; they set fire to the Constitution and dance around the flame…..they are no longer just allies of a subversive; they become instruments of subversion.”

Settle in for at least a day (possibly two) of tediousness.

If there were no objections, then after the tellers counted all the electoral votes, they would hand the results to Pence, who would then be required to announce the names of the winning president and vice president. In this case, Joe Biden and Kamala Harris.

But on Wednesday January 6, 2021, roughly half of all the elected Republicans in the federal government will vote to overthrow America’s democratic system. Republicans have not only decided Democratic victories are illegitimate, this is now their playbook for prosecuting their case.

They have been getting progressively and more conspiratorial and transparently undemocratic. Their behavior in these final days of the 2020 election cycle shows that there is no limit to how far they can go. So they will go farther. They always do.

They’ve decided it’s to their advantage to blow up our democratic system and assert that no election is valid unless they win it. That’s where we are today. Sadly, it’s also likely where we’ll be in Georgia Tuesday night after the polls close, and before the final tallies are in.

Objections have happened before. It’s not a big deal, but it becomes a big deal when one Party turns the vote certification process into enough of a circus that people believe the election was stolen.

Unfortunately, that ship has sailed.

Saturday Soother – Attempted Coup Edition, November 21, 2020

The Daily Escape:

Sunset, Bryce Canyon NP, UT – November 2020 photo by cookdog1117

We’ve come to a point where the future of our democracy depends on a few Republicans doing the right thing.

Wrongo has never written a scarier sentence, but it’s true. The success or failure of the slow-rolling Trump coup will be decided by a small group of Republicans who have the job of certifying the election in key swing states. The WaPo says it all:

“…Trump is using the power of his office to try to reverse the results of the election, orchestrating a far-reaching pressure campaign to persuade Republican officials in Michigan, Georgia and elsewhere to overturn the will of voters in what critics decried Thursday as an unprecedented subversion of democracy.”

We became aware of Trump’s plan when he called a Republican member of Michigan’s Wayne County Board of Canvassers (who had earlier voted to certify the County’s vote) to persuade her to change her vote. After speaking to Trump, she unsuccessfully tried to rescind her certification of Biden’s win in what is the state’s largest county.

Not giving up, on Friday, Trump summoned two Michigan GOP leaders to the White House ahead of next Monday’s state canvassing board meeting to certify Michigan’s results for Biden. After the meeting, they said they were “not yet aware of any information that would change the outcome of the election” in Michigan. They also vowed not to interfere with the certification process.

Trump’s efforts threaten our system of democratic presidential elections: If state officials start claiming the right to overturn elections because of unsubstantiated claims about “election fraud,” our democratic system will die.

What Trump is doing is election tampering. He risks criminal charges for directly intervening to change the votes for certification by the Wayne County Board members, and the minds of the two Michigan legislators. When does his criminal attempt to influence the Michigan election people become actionable?

If Michigan’s board becomes deadlocked, it is possible that Michigan’s Republican-controlled legislature could ignore Biden’s popular-vote win and seat Trump electors. But, Gov. Gretchen Whitmer has the power to fire members of the canvassing board and appoint interim replacements without legislative approval.

The Georgia recount is finished and Biden won. Georgia’s Republican Secretary of State Brad Raffensperger certified the statewide result on Friday, as required by law. The certification now sits with Gov. Brian Kemp (R). His signature is required by law on Saturday. But Trump has been publicly badgering Kemp to intervene in the recount to reject ballots and “flip” the result. The WaPo reports that Trump has told advisers he is furious with the governor for not doing more to help Trump take Georgia.

Trump’s coup would also need to succeed in Arizona, along with Michigan and Georgia, to change the election’s outcome.

Despite the voting, the counting, the re-counting and absolutely zero evidence of fraud, America needs a few Republicans to put country over Party, or the coup may succeed. Inadvertently, Trump’s effort to grab power has made the most persuasive argument yet for doing away with the Electoral College. What we’ve learned the hard way is that America lacks the proper checks and balances in our government to stop a tyrant. It’s very clear that Trump is free to subvert the very democracy he was elected to lead.

This is a lesson that must be learned. We must make sure this doesn’t happen again. We need to assure that no future tyrant like Trump is allowed to be the final judge in his or her own cause.

It’s difficult to divorce our thinking from the possible wreckage of our democracy, but let’s try to move away from it for a few minutes on this Saturday, while calming down to the extent we can.

Nearly all of the leaves are down on the fields of Wrong, and our thoughts turn to the holidays. This year, Thanksgiving and Christmas will be smaller, but surely as nice as bigger ones in the past. Scaling back for a year should be seen as an act of generosity, part of our community’s effort to avoid spreading the Coronavirus.

It’s frighteningly clear that the rampant growth in cases of Coronavirus show that society is failing the “marshmallow test”, because the “libertarian” way of life in red States means “I only do the things that I want to do, how that effects the rest of you be damned”.

Let’s relax with a piece by Franz Liszt, “Un Sospiro”, the third of three Concert Études he wrote between 1845-1849. An etude is a study in crossing hands on the piano, playing a simple melody while alternating hands with increasing complexity. This étude has been considered by many pianists as one of the most beautiful piano pieces. Here it is played by Dubravka Tomsic:

Associate Supreme Court Justice Amy Barrett

The Daily Escape:

Cape Cod pond with red shack – October 2020 by Michael Blanchette Photography

Amy Coney Barrett is now a Supreme Court Associate Justice.

It is the first time in 151 years (since Edwin Stanton in 1869) that a justice was confirmed by the Senate without the support of a single member of the minority party. Even Sen. Joe Manchin (D-WVA), who backed Brett Kavanaugh in 2018 (and Barrett for her circuit court seat three years ago), didn’t support her this time.

As Marsha Coyle noted on PBS, the Supreme Court went 11 years until 2005 without a change in Justices. In the next four years, the Court saw seven new Justices. Now we’ve seen three more in just four more years.

Justices are staying on the Court longer. In the 19th Century, the average tenure of a Justice was less than 10 years, due mainly to shorter life expectancy. Now that it’s becoming increasingly common for them to serve into their 80s, Justices are serving for 25 years, or more.

All of this is background to what we’ll have to get used to from Amy Barrett in the next few decades, including this quasi-campaign event:

There were understandably a few negative reactions:

Whatever happens going forward, please, please let’s not call her “ACB” as if she is some great legal mind akin to Ruth Bader Ginsburg. Barrett is to RBG what Clarence Thomas is to Thurgood Marshall; a facsimile of a Supreme Court Justice.

The NYT has a series of articles on How to Fix the Supreme Court that are worth your time. In one article, Emily Bazelon says this:

“….Republican dominance over the court is itself counter-majoritarian. Including Amy Barrett, the Party has picked six of the last 10 justices although it has lost the popular vote in six of the last seven presidential elections…”

The Republican Party doesn’t represent the majority of Americans. So it tries to achieve its goals by other means, even if that means perverting the intent of our Constitutional system.

We know that clear majorities of Americans favor reproductive rights, limiting political donations, stricter gun control and reversing climate change. But since the GOP controls the courts, it hopes to prevent these viewpoints from ever becoming law.

Movement conservatives are using a theory of judicial construction (Originalism) that didn’t exist until about 40 years ago. And they’re using it to overturn long-standing precedents, while also inventing novel constructions not found in the Constitution when it suits them (see Shelby County vs. Holder).

Among the options addressed in the Times’ article are: (i) Dividing the work of the Supreme Court into two parts, Constitutional issues and all others that concern interpretation of existing laws and statues. This would establish a Constitutional Court, an idea that several other countries have instituted (among them, France, Germany, and South Africa); (ii) Term limits for Supreme Court Justices; (iii) Adding more Justices to the Supreme Court; and (iv) Expanding the lower Federal Courts.

The Framers rejected the idea of a judicial retirement age. It was envisioned that a lawyer would need a lifetime of experience to become fully versed in the precedents that would govern their decisions as a Supreme Court Justice. But now, we have Amy Barrett serving as a Justice at age 48. The youngest Supreme Court judge ever was Republican Joseph Story, who was 32 when James Madison appointed him.

OTOH, term limits almost certainly require a Constitutional Amendment, since it would create an involuntary retirement from the Court.

Biden has said he will convene a commission to study Supreme Court reform. That kicks the can down the road. This is probably a good idea for now, until we see the decisions made by the current conservative majority in a few of the signature cases coming up this term. There is now a 6-3 MODERATE conservative majority on the Court, and depressingly, a 5-4 REACTIONARY majority on the Court.

For now, all we can do to change the Court is vote out of power those Republicans who denied Obama an appointment, only to cram three Justices through on Trump’s watch. We start by flipping the Senate in November.

Republicans are doing everything they can to lay the groundwork to overturn the election in the courts. The good news is that stopping them is easy: VOTE.

May the confirmation of Barrett be the last thing that the national Republican Party ever accomplishes.

The Seat is Lost, The Election Isn’t

The Daily Escape:

Fall comes to Grand Portage, MN –September 2020 photo by Valjcoo

We now know that the Republicans have the votes to confirm another conservative Supreme Court justice before the election. Mitt Romney announced Tuesday that he supports moving forward with a Senate vote on Trump’s nominee to replace Ruth Bader Ginsburg. This means that Democrats have no shot at stopping the confirmation process before November’s election.

More tyranny by the minority. This might as well also be Romney’s announcement that for better or for worse, he’s running for president in 2024.

Substantively, a 5-3 conservative vs. liberal breakdown on the Supreme Court was already going to result in the death of the ACA when the justices hear the case on November 10. So, a 6-3 division probably doesn’t mean that we’re going to be all that much worse off, legally.

The remaining question is whether the nominee will be the Cuban-American judge from Florida. Choosing her will probably secure the state for Trump in November, so why not just go ahead and make the entire Supreme Court a political fiasco?

In fact, getting the complete conservative takeover of the Supreme Court done before the election may keep more than a few Trumpists away from the polls on November 3d.

Choosing an ideologically pure judge is far more important to Republicans than it is to Dems, who rarely make it an article of faith in our elections. During the Senate Judiciary Committee hearings, the Dems will take the opportunity to demonstrate again how ineffectual they are.

They need to be careful not to engage in something suicidal just before what is truly the most important election in our lifetimes. As Wrongo has said, the loss of this seat was predetermined by Hillary’s loss in 2016.

Of course Democrats should drill deeply into whomever the Republicans nominate; that’s how the game is played. Of course they should oppose the nominee in the Judiciary Committee, and then lose by a straight-party vote. Of course they should make principled speeches in the well of the Senate before they lose another straight party line vote that will confirm Trump’s nominee.

They should scream about it, say the gloves are off, and then go out and take the White House and the Senate.

Dems need to get back to the totally mismanaged COVID response. It’s the overriding issue of this election, even more significant than the death of Ginsburg. There will be at least 250,000 COVID deaths by the time of the election, and no Republican cares or will say anything about it.

Dems need to get back to asking if Trump has delivered a better life to us. He hasn’t. There were no big wage gains, and no 5% annual GDP growth. He’s only delivered huge unemployment, and unnecessary deaths. The rich have gotten enormously richer, and there is the hate, and all of the lies.

But the Electoral College still looms large. Wrongo’s former colleague is driving across America on the back roads, photographing what he sees. And what he sees is mostly empty spaces. As he moves from urban and suburban areas to exurban and rural areas, the Biden signs disappear, Trump signs dominate, and finally become exclusive. He documents front yards with temporary canopies set up to hand out Trump paraphernalia. Pickups looking ISIS-like with Trump and American flags flying from poles mounted in the truck beds. Here’s a photo of his taken in Virginia City, NV on 9/20:

September 2020 photo by OHeldring

The flags are for Trump, the Kansas City Chiefs, and “Don’t Tread on Me.” Add in the vintage Ford, and it’s an ordinary day in rural America!

An important indicator for November 3d will be voter participation in rural areas, which we should expect to be very high. This November, Wyoming will cast three Electoral College votes, one for every 190,000 residents, while California will cast 55 votes, or one for every 715,000 residents. One person, one vote has died. Here’s Steve Coll with some perspective about the Electoral College:

“The system is so buggy that, between 1800 and 2016….members of Congress introduced more than eight hundred constitutional amendments to fix its technical problems or to abolish it altogether.”

He reminds us that in 1969, the House passed a Constitutional Amendment to establish a national popular vote for the White House. At the time, Nixon called it “a thoroughly acceptable reform”. Alas, it was filibustered by Southern Senate segregationists.

These days, just two words sum up the state we’re in: “Stay Safe.”

It only took four years for Trump to wreck everything. Whenever the Trump years pass, our democracy, assuming that it endures, needs a major repair job.

That starts on November 3.

Monday Wake Up Call, Portland Edition — July 27, 2020

The Daily Escape:

Paradise Pass with Crested Butte in the distance, CO – 2020 photo by glacticspark

The second biggest story of the summer is the widespread support of the protesters, those people of all races and ages, who took to the streets to say something about racism in America. Portland is and seems likely to remain the epicenter of the Trump administration’s law and order response.

America’s First Amendment rights are under attack in Portland by Trump’s paramilitaries every day. How can that be? Few have heard of US Code 1357. It allows immigration officers to operate within 100 miles of any external US border. Hence Trump could call out border troops to DC, Portland, or Chicago.

USC 1357 gives DHS jurisdiction over about two-thirds of the US population. They can enter any building that isn’t a dwelling within 25 miles of the border without a warrant.

The regulation was adopted by the US Department of Justice in 1953. At the time, there were fewer than 1,100 Border Patrol agents nationwide; today, there are over 21,000.

These problems are compounded by a lack of personnel oversight by Customs and Border Protection (CBP) and the DHS. The CBP consistently fails to hold its agents accountable for abuses.

Portland has protests on most days of the year. It’s part of the DNA of the city. Now, it’s looking like Trump’s paramilitaries are trying to foment violence and create a backlash among the protesters. The NYT reports on how these troops were the instigators of recent violence: (emphasis by Wrongo)

“After flooding the streets around the federal courthouse in Portland with tear gas during Friday’s early morning hours, dozens of federal officers in camouflage and tactical gear stood in formation around the front of the building.

Then…the officers started advancing….they continued to fire flash grenades and welt-inducing marble-size balls filled with caustic chemicals. They moved down Main Street and continued up the hill, where one of the agents announced over a loudspeaker: “This is an unlawful assembly.”

By the time the security forces halted their advance, the federal courthouse they had been sent to protect was out of sight — two blocks behind them.”

What’s the end game for Trump in Portland? His paramilitaries aren’t going to murder groups of protesters in cold blood, so what are they going to do? Have nightly tear gassing until the November election?

Trump’s paramilitaries are saying to Portland: “We wouldn’t have to violate your Constitutional rights if you didn’t insist on exercising them.”

There is libertarian support for ending the Trump paramilitary presence in Portland. Libertarians acknowledge that there is no police power in the Constitution. Policing is left to the states. To the extent the President can send federal officers into Portland or other cities, it should be limited to protecting federal property, not moving into crowds that are two blocks away.

The libertarian argument would say that the people of Portland and other cities have the right to decide who they want to elect to City Hall and how much funding they want to provide for their police. The federal government should only be brought in to defend federal property if the local police are unwilling or unable to do so.

Ironically, during the Obama administration, the GOP thought that the “arming up” of America’s internal security forces like the CPB was a risk to THEM. Now, when it’s impacting Democratic-voting cities, they’re all for it.

Trump’s election chances seem to depend on whether he’s Nixon reborn in 2020. Nixon ran on law and order and against violent demonstrations, largely by students who were against the Vietnam War. Protests never spread as broadly as this in the 1960s. To a great degree, the Vietnam protests were by white college age youth. That isn’t true of today’s protesters.

Trump’s law and order gambit is that Antifa Marxists will take over our cities and then, our suburbs. He’s clinging to the idea that there is an equivalent of the “silent majority” of 1968 still out there to elect him.

But Vanity Fair reported some new polling on the response to Trump’s anti-BLM efforts. If those polls are correct, the silent majority of 2020 is firmly on the side of Biden when it comes to issues of race and justice. Nixon’s ghost seems to have left the building.

Time to wake up America! People in Portland are not afraid of the protesters. They know that their safety isn’t in question. There’s no doubt this is a protest against the government, not their fellow citizens.

To help you wake up listen to Peter Green, guitarist of Fleetwood Mac who died this week, play “Albatross” from 1969’s “The Pious Bird of Good Omen”:

This reminds Wrongo of Santo and Johnny’s “Sleepwalk” from 1959.

Those who read the Wrongologist in email can view the video here.

Roberts Returns to the Dark Side

The Daily Escape:

Lake Blanche, Upper Cottonwood Canyon, UT – 2020 Galaxy S10 photo by criked

On Tuesday, the Supremes issued another opinion. This one narrows the First Amendment’s separation of church and state. The case, Espinoza v. Montana Department of Revenue, was a 5-4 decision, with the five conservative justices in the majority, and the four liberal justices dissenting.

From Slate: (emphasis by Wrongo)

“The Montana Constitution contains a “no-aid” provision that bars the state from providing public funds to religious institutions, as do 37 other state constitutions. To work around this rule, the Legislature granted tax credits to residents who donate money to Big Sky Scholarships, which pays for students to attend private schools, both secular and sectarian. (Montana’s demographics ensure that the only sectarian schools that participate are Christian.) In other words, residents get money from the state when they help children obtain a private education, including religious indoctrination. In 2018, the Montana Supreme Court found that this program violated the state constitution’s no-aid clause. But instead of excluding sectarian schools, the court struck down the whole scheme for all private education.”

Chief Justice John Roberts’s opinion revived Montana’s tax credit scheme when he announced a new Constitutional principle: Once a state funds private education, “it cannot disqualify some private schools solely because they are religious.”

Twenty-nine states, the District of Columbia, and Puerto Rico all provide tax credits or vouchers to families that send their children to private schools. Under Espinoza, they must now extend these programs to private religious schools. More from Slate:

“This decision flips the First Amendment on its head. The amendment’s free exercise clause protects religious liberty, while its establishment clause commands that the government make no law ‘respecting an establishment of religion’.”

In essence, Roberts is now saying that the Establishment Clause supersedes the Free Exercise Clause.

Some background: In Zelman v. Simmons-Harris, the Supreme Court ruled that, under the Establishment Clause, states were allowed to fund private schools through vouchers or tax credits. Now the court has declared that, under the Free Exercise clause, most states are compelled to fund private religious schools.

Over the past 18 years, the Court’s conservative majority has revolutionized church-state law.

How did the court do this? The barrier between church and state took a hit when five justices permitted state financing of sectarian schools in Zelman. It nearly collapsed when the court expanded religious institutions’ access to taxpayer money in 2017’s Trinity Lutheran v. Comer, which held that states cannot deny public benefits to religious institutions simply because they are religious.

The court claimed that their new rule was actually hidden in the meaning of the First Amendment’s Free Exercise clause—even though, as Justice Sotomayor pointed out at the time, separating church and state does not limit anyone’s ability to exercise their religion.

More from Slate. Roberts, from the Espinoza opinion: (italics are in the quote)

“A state violates free exercise…when it “discriminate[s] against schools” based on “the religious character of the school.” The government, Roberts explained, has no compelling interest in preserving the separation of church and state beyond what the First Amendment requires. Nor does the government have any interest in protecting taxpayers’ right not to fund religious exercise that infringes upon their own beliefs.”

Said the Chief Justice:

“We do not see how the no-aid provision promotes religious freedom…”

In theory, states could abolish public funding of private schools entirely to avoid funding religious schools, but that’s what the Montana Supreme Court did. And Roberts just condemned that decision as “discrimination against religious schools”, because Montana had originally funded all private schools.

Roberts may be a master at minimizing losses (hits to the credibility or reputation of SCOTUS), while maximizing returns for his masters (conservative victories). In most of the cases where he has sided with the liberals, his opinion has basically boiled down to “lie better the next time.”

That was true in the abortion and DACA cases this term, and in the Census case last term.

So, based on this decision, religious entities (of the right sort) are not only eligible for government funding, they are entitled to it. That, and more equipment for the military.

This is what the America conservatives want. What could go wrong?

The state requires children to go to school. It also provides a school system for those children in order to meet that requirement. If you choose to send yours to a private, accredited/licensed school instead, that cost should be borne by you, not by the taxpayers.

Public funding for religious schools, along with tax-free status for churches, gives too much political power to religions.

That’s exactly why separation of Church and State is so crucial.

Georgia’s Voting Fiasco Shows We May Lose Election Legitimacy in November

The Daily Escape:

Mt. Fuji from the shore of Lake Motosu, Japan – 2020 photo by wash7112

From the AP:

“The long-standing wrangle over voting rights and election security came to a head in Georgia, where a messy primary and partisan finger-pointing offered an unsettling preview of a November contest when battleground states could face potentially record turnout.

There were hours-long lines, voting machine malfunctions, provisional ballot shortages and absentee ballots failing to arrive in time for Tuesday’s elections. Many of the problems were in predominantly black neighborhoods in and around Atlanta.

Both Republicans and Democrats finger-pointed at the other. The AP says: (emphasis by Wrongo)

“That kind of back-and-forth, with white Republicans and black Democrats from big cities trading barbs over voting issues, isn’t new. And it’s one that could easily repeat in November in battleground states where Democrats and minorities figure prominently in the most populous cities and counties: Broward County (Fort Lauderdale), Florida; Wayne County (Detroit), Michigan; Charlotte, North Carolina; Philadelphia PA; and Milwaukee WI.”

This raises the specter of a worst-case November scenario: a swing state, like Florida remaining in dispute long after polls close. Meanwhile, Trump, Biden and their supporters each offer competing claims of victory or questions about the election’s legitimacy.

These legitimacy questions arise because there’s a real possibility of election theft. Here’s a few for your consideration: Florida 2000, Ohio 2004, Democratic primaries in 2016 and 2020. Georgia’s governor’s race in 2018. It’s always the same tactics. Here are three:

Game the voting locations
Game the voting machines
Game the ballots

Voting locations: Changing voting locations is often combined with reducing the number of voting locations. Both happened in Georgia. From the Atlanta Journal-Constitution:

“County election officials have closed 214 precincts across the state since 2012, according to an analysis by The Atlanta Journal-Constitution. That figure means nearly 8% of the state’s polling places…have shut their doors over the past six years.

One-third of Georgia’s counties — 53 of 159 — have fewer precincts today than they did in 2012, according to the AJC’s count.

Of the counties that have closed voting locations, 39 have poverty rates that are higher than the state average. Thirty have significant African-American populations…”

Voting Machines: The NYT reports that Georgia’s voting fiasco stemmed primarily from the 30,000 new voting machines the state bought last year for $107 million from Denver, CO’s Dominion Voting Systems.

The problems ran the gamut from too few machines, to no printer paper for the machines:

And non-working machines:

Many were against buying these voting machines, including FreedomWorks, the conservative nonprofit backed by Charles Koch, who cited several concerns, including that the machines were difficult to set up before elections.

And so they were.

The ballots: Absentee and Vote-by-Mail Ballots may not arrive on time, if at all. Provisional ballots may not be available in sufficient numbers at polling places. In Georgia, for example:

“The individuals had requested absentee ballots, but they didn’t arrive in time to send in, but when they showed up to try and vote in person, they were blocked because the system had indicated they already had an absentee ballot, which, again, they said they never received…”

That wasn’t all. Poll workers couldn’t get voting machines to work. They didn’t know how to encode voter access cards, enter PIN numbers correctly or even plug machines into power supplies. Poll workers said they couldn’t log into voter check-in tablets, and ballots didn’t always display on touchscreens.

Some precincts opened late. Very few stayed open late. Some voters gave up and went home.

People who work at polling places skew older, and are unfamiliar with technology. They must be trained and equipped to do the job, and it seems that fewer than expected showed up. These volunteers did not sign up to train voters how to use touchscreens, or to disinfect touchscreens, or to deal with irate crowds who have been waiting for hours.

The problem is not the volunteers, but the voting machines themselves, which introduce complexity without adding security.

We’re facing a crisis of election legitimacy.

Despite federalism, it is imperative that America comes up with a standard voting system. And in this age of technology it is ridiculous to have to still vote in person. But of course the Republicans oppose other methods of voting such as vote by mail.

This current chaos, along with voter disenfranchisement is in the best interests of the GOP, and it is by design.

They will dither and fuss and spew platitudes laced with false concern, while trying to rob us of democracy.

Trump’s Authoritarian Impulses

The Daily Escape:

Lake Superior from Sleeping Giant Provincial Park, Ontario CN – photo by crazytravel4

If you want to know where Trump is headed on civil disobedience in 2020, consider this about China’s Tiananmen Square demonstrations. Nicholas Kristof reminded NYT readers what Trump had to say about it in 1989:

“When the students poured into Tiananmen Square, the Chinese government almost blew it, Trump told Playboy Magazine….Then they were vicious, they were horrible, but they put it down with strength. That shows you the power of strength.”

Overwhelming force is Trump’s plan, just like the Chinese. Here’s a list of the military, government police units and militia-like components of the US Government that are walking the streets in Washington DC:

That’s 14 discrete police and military groups patrolling DC. And it didn’t stop there. The Trump campaign just changed his MAGA hats from red to camouflage, and is calling supporters the “Trump Army“:

Yep, Trump wants an army to fight off the liberal mob.

The Daily Beast reported that Trump and Barr have come up with a possibly legal way to bring troops into America’s cities:

“The idea was to…rely on the FBI’s regional counterterrorism hubs to share information with local law enforcement about, in Barr’s own words, ‘extremists’.”

First Person Report: Boston’s March for George Floyd

The Daily Escape:

Boston, May 31, 2020 – all photos by Kendall Lavoie

(What follows is a first person report by friend of the blog, Kendall Lavoie. She, her fiancé and a few friends drove from western Massachusetts to show support for George Floyd at a demonstration in Boston.)

Eight years ago, when Trayvon Martin was murdered, my eyes were opened to how cruel and unjust the world can be for people of color, especially in this country. Every year since then there have been multiple instances of unpunished police brutality, many lives lost, and still no progress or real change.

When I saw the video of George Floyd being killed in the street I was filled with sadness, anger, and a drive to do something.

Yesterday, we haphazardly constructed signs that we decorated with our slices of free speech, gathered medical supplies, and headed to Boston to join our fellow citizens in need. We wore PPE and tried our best to socially distance, which is difficult in a crowd, and we will be self-quarantining for 14 days as a result of the contact we made yesterday.

When we arrived in Boston, we first joined an early march along the streets to the Boston Common. We listened to people talk about how they felt while we knelt in the gravel and grass. Some quotes from the early march include:

“Don’t let this moment be fleeting. You gotta live this shit as a lifestyle.”
“Why is my color a crime?”
“This is a movement of us, all of us.”
“True allies that are out here today willing to put their health on the line, that’s what makes this different- everybody had to take a risk to be the fuck out here today.”

We marched to the State House and peacefully stood outside for a bit, and then dispersed and went our separate ways.

The late march started at 6:30 in Dudley Square. The amount of people who showed up was just incredible- almost the entire time I couldn’t see the front of the crowd or the end of it. Community support from residents and businesses was amazing throughout, motorists showed their support despite being blocked by our marching at times, and there was a real sense of people coming together for change.

We marched toward the Common once again for about an hour and a half. I heard one man say:

“This is the proudest I’ve been of my city in a long time. Look at all these people, they actually care.”

The sun set while we sat in the Common and made our way up the steps to the State House once again. Some started setting off fireworks, and others climbed the fence and architecture in the front of the statehouse. Aside from a few people who threw trash over the fence (and were immediately called out by the rest of the protesters with the chant “stop throwing shit”), we were completely peaceful. We weren’t blocking traffic as there were no civilian cars at this point, and later when there were, we made a pathway for them to get through.

The crowd began to thin out as people went home, and we decided to give it a few more minutes before we headed back to the car. We started handing out our medical supplies since it looked like we wouldn’t be needing them, and maybe others would want them for later protests.

That’s when the Boston PD sent three cruisers speeding into the crowd. No warning, I just turned to my right and people were running and screaming. The first one sped past, and the second one was inches from me. I actually hit the third with my sign out of instinct to “push” it away from me because it was so close.

This was a blatant baiting tactic to incite the violence that ensued. I was angry, the people around me were angry, we started chanting “THIS WAS PEACEFUL!” and some started throwing things over the fence. When they sent the cruisers back through, they got blocked this time and the National Guard came out of the State House and began firing rubber rounds into the crowd, striking one girl in the ankle who we helped, and another in the ribs.

On another pass through, a protester threw a frozen water bottle at the side mirror of a cruiser and it detached. The back window was shattered by another flying object. People threw their milk jugs at the cruisers and the National Guard sent an armored car through the crowd.

The crowd fractured and began to move off in different directions. We walked down the side of Boston Common where a garbage fire burned in a barrel and many had embedded their signs in the wrought iron fence. Police were in full riot gear, and in the distance smoke billowed from something large burning, which we later learned was a cop car.

We crossed the street and a girl stood there rubbing her face and crying. She had been pepper sprayed, saying she was too close to the perimeter as she was trying to videotape a man being beaten in the corner by police. This 18-19 year old girl apologized profusely for seeming to inconvenience us as we poured milk in her eyes. Her friends stood by her and helped her find her phone and we parted ways.

Another man down the street had someone guiding him because he had been tear gassed, but refused our help. Farther, we came to a street where police were surrounding a girl on the ground. People were shouting and I started recording, getting closer so she wouldn’t be alone. The police came at us with wooden batons and pushed us back. The girl was helped up and stood at the edge of the crowd crying and demanding to know the name of the cop who pushed her down, breaking her box of belongings and dragged her across broken glass. I didn’t get the name or badge number of the officer because he refused to turn around, but another officer retrieved her box of things and we left as they radioed in to “come wipe down the street.”

We helped get glass out of her ankle and gave her a bandage. We gave her the badge number of one of the officers, in hopes that she could get the other one via that, somehow. The man who assaulted her refused to identify himself and is paid by tax dollars.

While we were helping her, squads of police cars flew past us down the street. In the distance we could hear popping, and I’m still unsure if it was fireworks or rubber rounds. We walked an hour back to the car, checking in with people on the way who let us know where to avoid as we did the same.

We learned later that the police had shut down the T after demanding that everyone go home.

As we drove home, I tried to process what I had just been a part of. I’ve always supported police. I was raised with the mantra, “don’t talk to strangers… except for police.” They were always heroes, always there to protect me, and the bad ones were negligible in comparison to the greater good. After last night my opinion has changed.

I saw how my fellow Americans are treated by police when they try to protest peacefully for their rights. I saw how the Boston Police Department acted like cowards and used their vehicles as weapons. And I saw the power that people can wield when they come together.

We won’t stop until they stop, WE DEMAND CHANGE NOW. Get out there and do something about it!!!

Police Violence

The Daily Escape:

Fall sunrise at Crystal Lake, near Ouray, CO – photo by Ryan Wright

Wrongo is now certain that 2020 is the worst year for America since 1968. Why? We have had riots in 140 cities. 40 million are unemployed, and the Death rate from COVID-19 has reached 106,003. Here’s a map of where protests have occurred in the past few days:

We have a national problem of civil disobedience leading to rioting and looting. Note the number of states (in yellow) that have already activated the National Guard. We should assume that the number of cities with protests will probably grow.

Let’s talk briefly about policing in America. After the Ferguson uprising in 2014, we were astonished at the militarization of the police. We also started paying closer attention to the number of police killings in the US, but since there was no central database, independent groups started to compile them.

Cities and towns introduced new policies designed to reduce police violence, starting with police wearing body cameras. But according to the Police Shootings Database, police in America killed more people in the US in 2019 than in 2015, and the number has risen every year since 2017.

If police killings are increasing despite widespread public attention and local reform efforts, shouldn’t we be asking why?

Minneapolis, like most other cities, has a civilian review board, but it didn’t prevent Chauvin from killing George Floyd. In fact, the review board had failed to impose consequences for any of the eighteen previous complaints made against Chauvin. This shows how little these review boards are doing to change behavior.

Can change happen through the ballot box? Minneapolis implies that voting isn’t enough: Minneapolis has a progressive mayor and a city council composed entirely of Democrats and Green Party members. But it doesn’t prevent out-of-control racist cops from killing people. The glue holding this broken system together is police unions.

From Eric Loomis:

“That our police are openly fascist is finally becoming apparent to a lot of liberals who really didn’t see it that clearly before…..The police are openly declaring war on the nation. They are raising their fascist flag instead of the American flag. They are blinding good journalists. It is completely unacceptable…”

Loomis specializes in labor unions and labor issues. He says that it is in the public’s interest to force the police unions to give up the blank check for violence that they currently have. The two concepts that should be written out of the union contracts are arbitration in discipline cases, and qualified immunity. Qualified immunity is a concept in federal law that offers government officials immunity from harms caused by actions they perform as part of their official duties.

Because of qualified immunity, police act like the laws don’t apply to them. This is a legal obstacle blessed by the Supreme Court that’s nearly impossible to overcome when the police violate our Constitutional or civil rights.

Despite that, blanket immunity shouldn’t absolve cops of responsibility for violence. Since they are state actors, the burden of proof should be on them to prove their violence was justified, not the other way around.

In many cases, the police unions are also run by bad people. In Chicago, the police union just elected as president a cop who has been reprimanded several times and is currently stripped of his police powers.

Minneapolis’s police union has a hard line and controversial president, Bob Kroll, who said that George Floyd had a “violent criminal history” and that the demonstrations were part of a “terrorist movement.”

Minnesota AG Keith Ellison blasted Kroll on “Fox News Sunday”:

“…he operates as sort of an alternative chief who, I think, undermines good order in the department.”

These are the kinds of people that rank and file police all across America want protecting them. That shows something about the true character of the rank and file.

Cities should pull the records of every cop with a double digit number of excessive force complaints and fire them. Force the unions to sue and then litigate it every step of the way. Make them defend the indefensible.

America needs stronger mayors, town councils and district attorneys who can be for “law and order” and also for protecting the rights of citizens who are swept up by day-to-day policing. We can have stronger public servants by voting them in.

Atlanta Mayor Keisha Bottoms says just that in this video, which everyone can see here:

As an aside, Mayor Bottoms looks to Wrongo like an excellent choice for the Democratic VP.

The Wrongologist

Geopolitics, Power and Political Economy

Category: Constitutional Issues

Trump’s Subversive Ploy

Saturday Soother – Attempted Coup Edition, November 21, 2020

Associate Supreme Court Justice Amy Barrett

The Seat is Lost, The Election Isn’t

Monday Wake Up Call, Portland Edition — July 27, 2020

Roberts Returns to the Dark Side

Georgia’s Voting Fiasco Shows We May Lose Election Legitimacy in November

Trump’s Authoritarian Impulses

First Person Report: Boston’s March for George Floyd

Police Violence