Daily Escape – Page 27 – The Wrongologist

Citizen Genêt

The Daily Escape:

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

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

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

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

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

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

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

Washington was among the few who espoused neutrality.

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

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

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

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

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

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

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

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

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

Vice President John Adams described:

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

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

“Down with Washington…”

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

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

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

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

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

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

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

Monday Wake Up Call, MLK Jr Day – January 16, 2023

The Daily Escape:

It’s MLK day, so let’s talk about a topic that was near to his heart: economic inequality. Since 1980, economic inequality has been increasing between the top 1% and the bottom 90% of Americans. It’s become so great that today, America now faces the same level of economic inequality that existed before the Great Depression.

Here’s a chart from Elise Gould and Jori Sandra of the Economic Policy Institute (EPI) showing the percentage change in annual wages by income group for the last 40 years:

From the EPI article: (emphasis by Wrongo)

“The level of earnings inequality that existed in 1979 could have simply continued…to today. Instead, we have seen a growing concentration of earnings at the…very top of the earnings distribution, while the bottom 90% has experienced meager gains. Wages for the top 1% grew more than seven times fast as wages for the bottom 90% between 1979 and 2021. The top 1% now amasses a record share of total earnings, while the bottom 90% share of earnings has hit a historic low.”

Slow growth in real (inflation-adjusted) hourly wages for the vast majority of workers has been a defining feature of the US labor market for most of the last 40 years. Only for about 10 years after 1979 did workers see consistent positive wage growth: in the tight labor market of the late 1990s and in the five years prior to the pre-pandemic labor market peak in 2019.

While some low-wage workers have experienced high wage gains after America reopened from Covid, the truth is that most haven’t even kept pace with where they were in 1979.

Today is Martin Luther King Day in America. We mostly celebrate Dr. King’s birth rather than acknowledging what he was arguing for when he was killed. His focus at the end was on both economic justice, and voting rights. Perhaps more than any other leader in American history, King could see the different strands of political and social injustice. He was able to tie them together to form a coherent narrative, one that was capable of leveraging dissent for concrete policy change.

Those were the enduring lessons of Dr. King’s life.

There’s less than three months between the observance of King’s birthday and his death. The way each is recognized by politicians reveals the contradictions in his legacy. Most politicians extol the virtues of racial equality, while most ignore King’s criticisms of economic injustice.

From his April 30th speech in Atlanta: (emphasis by the Wrongologist)

“A true revolution of values will…look uneasily on the glaring contrast of poverty and wealth with righteous indignation. It will look across the seas and see individual capitalists of the West investing huge sums of money in Asia, Africa, and South America, only to take the profits out with no concern for the social betterment of the countries, and say, ‘This is not just’…this business of…injecting poisonous drugs of hate into the veins of peoples normally humane….cannot be reconciled with wisdom, justice, and love. A nation that continues year after year to spend more money on military defense
than on programs of social uplift is approaching spiritual death.”

As the EPI report above shows, over the last four decades, policies promoted by the GOP have reduced the opportunities for most workers to achieve wage growth at rate similar to the top 10%.

Time to wake up America! Develop your narrative, one that fights against economic injustice and for voting rights. Add any other issues that are pertinent to you. Take your narrative to your neighbors. Then work to get out the vote.

To help you wake up, watch “People Get Ready”, a Curtis Mayfield tune that foretold the turning tide in the battle for racial equality. It topped the R&B charts after its 1965 release by The Impressions. It’s been covered by scores of artists, including Bob Dylan, Bruce Springsteen and by Rod Stewart and the late Jeff Beck, who died last week. Early in their careers, in 1969, Beck and Stewart performed together in the Jeff Beck Group. Here’s Beck’s official music video for “People Get Ready” featuring Rod Stewart:

Jeff Beck was one of one as a guitarist. There was no one better. He had the mindset of a jazz musician playing blues rock. His guitar sound wasn’t anything like traditional jazz guitar. He didn’t cut his teeth playing the old jazz standards, but he could improvise something fresh every time. OTOH, Wrongo didn’t love Beck the recording artist.

Rod Stewart has a secret hobby; he builds model trains. He would take his trains on tour with him, requesting an extra room so he could work on them while staying in hotels. Stewart recently unveiled his 1,500 square-foot replica of post-war Chicago and New York railway systems that took him 23 years to build.

Saturday Soother – January 14, 2023

The Daily Escape:

A view from Shenandoah NP near Keezletown, VA – January 1, 2023 photo by One Man’s Outdoor Journey

Wrongo and Ms. Right live far enough out in the country that we have no city water, sewer, or gas lines. But the cooktop in our recently remodeled kitchen runs on propane while our ovens are electric. We have a well and septic. Our hot water is made by propane as well.

So what are we supposed to make of this week’s controversy over the Biden administration’s Consumer Product Safety Commission (CPSC) possibly banning future sales of natural gas stoves and cooktops? The reason for this is that burning gas stoves put their partially burned fuel, including nitrogen dioxide (NO²) in the air, which causes asthma. And older stoves with pilot lights instead of electric igniters also push NO²into the air.

On Monday, Bloomberg reported that the CPSC was considering new regulations around gas stoves, given growing concerns over indoor pollutants. Commissioner Richard Trumka Jr. said:

“Any option is on the table….Products that can’t be made safe can be banned.”

The proposal by the CPSC followed a December study by scientists finding that gas ranges that burn natural gas account for almost 13% of childhood-asthma cases in the US. Advocates have long argued against gas stoves, saying the pollution they emit makes them inferior to other options, such as electric or induction ranges. But the asthma statistic breathed new life into the debate.

OK, Wrongo knows the difference between propane and natural gas, but when he first heard about the debate, it was unclear whether his gas of choice was also a health problem and had to die.

Bloomberg neglected to say that any CPSC regulations, like other proposed state and local-level bans of gas stoves, only applies to new construction. But that didn’t keep Republicans from evoking visions of a 2023 filled with government agents busting down doors and ripping out stoves. That tentative regulation conversation about how to best mitigate the health hazards of gas stoves morphed into a Right Wing campaign to convince Real Americans that the Government is coming for their gas stoves:

Rep. Ronny Jackson, (R-TX) tweeted:

“If the maniacs in the White House come for my stove, they can pry it from my cold dead hands,”

From Sen. Tom Cotton,(R-AK):

“Democrats are coming for your kitchen appliances,”

From Rep. Byron Donalds, (R-FL):

“Get your hands off our gas stoves!!!!”

From Rep. Jim Jordan,(R-OH):

“God. Guns. Gas stoves.”

God, Guns, and Gas stoves! All because one appointee in the administration discussed it. But this controversy isn’t about facts; like always, it’s about feelings. Over 30 years ago, the Clean Energy Act was easily renewed on a bipartisan basis. Since then, the environment has become part of the culture wars.

The reflex to position gas stoves as the last redoubt of traditional American life threatened by big government, is just stereotypical of the American Right wing. It’s difficult to see the fight about gas stoves as something that will move the needle since gas is far more common in cities and blue states. So, let the Republicans keep on cooking up the outrage du jour. It’s doubtful that the voters will be eating it up.

Remember their past freak-outs, like when former Rep. Michele Bachmann tried to build a political career around preserving incandescent light bulbs? Another useless freak-out.

In retrospect, it’s honestly shocking we were able in 1975 to ban leaded gasoline in America, although there were lots of dissenters at the time. And now, since we’ve gotten all their guns, it only makes sense that Democrats go after their gas stoves.

Let’s leave these partisan debates in the kitchen where they belong and embrace our Saturday Soother, that special time when we stop thinking about Biden’s secret document stash, or why Jim Jordan dresses like a gym teacher, and spend a few minutes contemplating nearly nothing.

Start by brewing up a big mug of Wilton Benitez Orange Bourbon ($19.00/8 oz.) from Wisconsin’s JBC Coffee Roasters. Apparently the coffee cherries for this variant turn orange when they ripen rather than the typical red and tend to be even more fruity than their red counterparts. The roaster says it is super creamy with flavors of candied ginger, pineapple, and cream soda.

Now grab a seat by a south-facing window to watch and listen to “Fandango” from the Guitar Quintet in D-major, G.448 by Boccherini, performed live in 2015 at the Schubertiade in Hohenems, Austria. Boccherini was an Italian composer and cellist who died in 1805. A fandango is a Spanish dance:

Biden’s Secret Documents Problem

The Daily Escape:

Spokane in fog, Spokane, WA – January 2023 photo by James Richman Photography

Seems like Biden has handed a present to Trump and the MAGAs by taking some classified documents with him when he left the vice presidency. Republicans pounced on Biden’s gift. Others on the left are working hard to underscore how this situation is different from the investigation into Trump’s handling of classified information after he left office. CNN breaks down the differences for us:

It’s true that there are differences. When the documents were discovered in November by Biden’s attorneys in files at his former offices at Penn Biden, they were turned over the next day to the National Archives (NARA), the responsible party. NARA then made a referral to the FBI, and Merrick Garland asked a Trump-appointed prosecutor, John R. Lausch, one of the two remaining Trump US Attorney appointees to investigate the breach.

Biden’s was the textbook method that’s followed when misplaced classified documents are found. Are you surprised that Biden kept two Trump-appointed US Attorneys? Wrongo was.

In Biden’s case, there wasn’t an earlier request from NARA that was ignored, and no search warrant was required. No lawyers erroneously or dishonestly vouched that Biden was not in possession of classified documents, and there was no effort to obstruct justice.

But the question of how these documents found their way to Biden’s private office once he became a private citizen needs to be investigated. Among the purposes for getting to the bottom of this is that our laws require that classified documents must be under continuous control.

Back in the day when Wrongo had a TS clearance, someone who took a secret document from its filing place signed for it. And if/when a document changed hands, you got a receipt from the next person to prove they had it and not you. And heaven help you if you lost the receipt.

It should be a simple task to follow the chain of custody on the ten documents that were found in Biden’s old office, back to who signed them out. We may learn that it was one of his staffers who took them during the transition period before Biden was inaugurated.

This could become a serious issue if someone was found to have intentionally taken documents with them when they left the White House. Whoever took the documents should be accountable for this mistake, just as Trump should be accountable for mishandling the classified information he brought to Mar-a-Lago.

There’s no reason to excuse Biden for this. Apparently, we need a much better system for controlling classified documents when one administration transitions to another. What’s similar in both cases is that classified information was packed up along with personal items. In Biden’s case, that included documents related to his son Beau Biden’s funeral.

To Democrats, Biden’s slip up may be understandable. And if Trump had apologized for his sloppiness, and most important, cooperated in solving the problem, maybe he wouldn’t be in the trouble he’s in today.

However things shake out legally for Biden or Trump, neither Party should want our nation’s secrets to be insecure. That means we need a new process for inventorying and returning classified materials when they are signed out. But no process will work correctly when the outgoing president refuses to concede the election and instead attempts to launch a coup.

Politically, this looks like it could become a political nightmare, both for Biden and for AG Merrick Garland. Will it damage the document theft case that the DOJ has against Trump? That’s the easiest case for the DOJ to prosecute and win vs. Trump.

We can count on the Republican-controlled House to try to make the Biden document slip up the equivalent to Trump’s legal bind. OTOH, a Republican committee going after Biden on classified documents requires them to acknowledge that what Trump did was wrong, which they have refused to do.

This sets us up for 24 months of political theater. It will look similar to the 2015 Hillary Clinton Benghazi hearings held by many Republican-led House committees. Back then, there were eight Congressional investigations into the Benghazi attacks. The House Select Committee alone spent over 17 months investigating. That was longer than the Watergate hearings.

Listening to these bad faith trolls for the next two years will be exhausting. We know that the various committees that will investigate this are really designed to generate GOP propaganda. They will put the DOJ in a position where they will have to resist giving the committee answers. And on Fox this’ll become screams of “cover up”.

If there is criminal wrong-doing on Biden’s part, you can bet that the Trump-appointed DOJ attorney Lausch will find it. If Lausch doesn’t find any criminal wrong-doing, then we can be fairly sure none took place.

Buckle up.

A MAGA Idea Wrongo Supports

The Daily Escape:

Sunset, Tucson, AZ – January 2023 photo by Leila Shehab

Sometimes your worst political enemies are on the same page with you. Axios reports that a:

“…threat of cuts to US defense spending has emerged as a flashpoint in House Republicans’ first week in the majority, widening the GOP’s isolationist fault line and exposing the fragility of Kevin McCarthy’s young speakership.”

The backstory here is that according to Bloomberg, among the concessions new House Speaker McCarthy made to secure the job was to agree to vote on a budget framework that caps 2024 discretionary spending at fiscal 2022 levels. Unless the Pentagon is exempted, that could result in a $75 billion drop in defense spending:

“National defense spending, which primarily funds the Pentagon, was about $782 billion in fiscal 2022 and rose $75 billion to $857 billion in fiscal 2023.”

The deal that McCarthy has apparently agreed to would have the House commit to passing bills that would cap all discretionary spending at fiscal year 2022 levels, or roughly $1.47 trillion.

But one of the big wins for Senate Republicans in last year’s budget talks was a bigger defense budget. Sen. McConnell might want to check in with the House MAGA Republicans, since they’re going in the opposite direction.

Wrongo agrees that the idea of cutting $75-$100 billion (or more) from the Pentagon should be up for discussion. Consider that in 2021, the Congressional Budget Office (CBO) released a study that outlined three options for saving over $1 trillion in Pentagon spending over the next ten years without damaging our defense capabilities.

All three options involved cutting the size of the armed forces, avoiding large boots-on-the-ground wars like Iraq and Afghanistan, and relying on allies to do more in their own defense.

Wrongo wrote about the 2021 CBO study here. The CBO report put the potential cut in historical perspective: A $1 trillion cut (14%) over a decade would be far smaller than the cuts to America’s military spending in 1988-1997 (30%), and the 25% cut we had in 2010-2015.

A $1 trillion saving isn’t chump change. Those funds could be used to prevent future pandemics, address climate change, or reduce economic injustice. These are all pressing American problems.

The MAGA’s ideas on defense spending cuts might find support from a few progressives in Congress, including Reps. Barbara Lee (D-CA) and Mark Pocan (D-WI), who pitched a $100 billion haircut for the DoD earlier this year. But this year’s Pentagon budget boost easily passed both the House and Senate on a bipartisan basis.

Both Republican and Democratic House war hawks will resist the idea of cutting defense spending. Some will cite the defense of Ukraine, which will only account for $45 billion of military spending in the coming year. Some will mention Taiwan, citing China’s aggressive military stance toward the island nation.

But how about developing a clear global military strategy along with the willingness to carry it out? Instead of simply talking about how many dollars we should spend.

And the CBO’s proposed strategic shifts don’t account for what could be saved by streamlining the Pentagon by reducing its cadre of over half a million private contractors, many of whom perform tasks at prices higher than it would cost to do the same work with government employees.

The likely outcome is that House Republicans will fail to cut defense spending while sticking to their plan of holding the 2024 discretionary spending flat. So Republicans will focus on social spending to reduce the fiscal 2024 budget to 2022 levels. But if you ask Americans what spending they want to see cut, they will never say that we ought to cut people’s retirement security.

Wrongo has little hope that this 118^th Congress will work to solve the three great problems that face America: Our revenue problem, our social spending/cost inflation problem, and our defense spending problem. As Jennifer Rubin says in the WaPo:

“The danger for the GOP has always been that a short stint in irresponsible governance will wake up the electorate to their manifest unfitness, thereby dooming the party’s chances in 2024. The danger for the country is that, in the meantime, the MAGA extremists will do permanent damage to the U.S. economy and national security.”

The hard Right MAGAs and the anti-democracy Republican Party must be made into a permanent minority, as it was during the Roosevelt years, and for decades thereafter.

The battle for 2024 starts now.

Monday Wake Up Call – January 9, 2023

The Daily Escape:

Kennebunk, ME – January 2023 photo by Eric Storm Photography

Buried in the McCarthy debacle last week was some good news on the abortion front. From the NYT:

“For the first time, retail pharmacies, from corner drugstores to major chains like CVS and Walgreens, will be allowed to offer abortion pills in the United States under a regulatory change made Tuesday by the Food and Drug Administration.”

The online magazine STAT asked an interesting question: (emphasis by Wrongo)

“When the Food and Drug Administration lifted some — but not all — of its restrictions on an abortion pill this week, it raised questions about why these rules were there in the first place. Mifepristone, the drug in question, has been used by over 3.7 million Americans to end early pregnancies since its approval in 2000, is more than 97% effective, tends to have only mild side effects such as cramping, with severe ones occurring in fewer than 0.5% of patients. So why was it on a list of prescription drugs requiring extra precautions and red tape, alongside opioid painkillers?”

Saturday Soother – January 7, 2023

The Daily Escape:

Snow covered kayaks, Lake Sunapee, NH – January 2023 photo by Juergen Roth Photography

Yesterday was two years since the January 6 attack on the US Capitol. And now, some of the same people are holding the House of Representatives hostage like they tried to do in 2021. From the WaPo:

“All but two of the 20 Republican House members who voted against Kevin McCarthy for speaker in Tuesday’s third ballot round are election deniers who embraced former president Donald Trump’s false claims that the 2020 election was rigged…..14 are returning members who voted against certification of the electoral college count on Jan. 6, 2021.”

Then there’s North Carolina GOP Rep. Ralph Norman who urged Trump to declare “Marshall Law,” (sic) just days before the 2021 inauguration. Look at what Norman is saying now:

This should be your primary concern in the power play between the far right Republicans (McCarthy) and the farther right bat-shit Republicans, including Rep. Norman. As Paul Krugman says in the NYT:

“…even with a speaker in place, how likely is it that the people we’ve been watching the past few days will agree to raise the debt ceiling, even if failing to do so creates a huge financial crisis?”

Friday saw the first major breakthrough in the deadlocked voting when on the 12^th ballot, a group of previous Republican holdouts flipped their votes to support McCarthy, but it wasn’t enough for him to clinch the gavel. Then on the 13th ballot, McCarthy picked up another vote bringing his total to 214.

From Axios:

“House GOP Leader Kevin McCarthy is on the brink of clinching the speakership after a group of 15 previous Republican holdouts flipped their votes to support the California lawmaker on Friday, marking the first major breakthrough in negotiations this week.”

McCarthy fell only three votes short of the threshold needed since there were lawmaker absences. That’s 14 new votes for McCarthy, with a maximum of 218 needed to gain the speakership. This is the current state of play, with more ballots to come late on Friday night.

You should note that McCarthy got Ralph Norman’s vote on Friday, after Norman said on Thursday that he would only switch if McCarthy was willing to shut the government down. So, is that what’s in store for us? As JVL says:

“The sad truth is that McCarthy may be about to become the weakest speaker in history. This fight over the speaker’s gavel is exactly what every important vote in the House over the next two years is going to look like: The speaker’s fight is the debt ceiling fight is the budget fight is the Ukraine aid fight.”

Think about the Republican Speakers of the House since Newt Gingrich 30 years ago. Gingrich’s Contract for America has morphed into MAGA fratricide in a decade. It’s been a bit like watching the British royals fracture because Megan and Harry wouldn’t toe the line inside the family.

Recall that the Republicans do not have a lot of experience with House speakers. Before Newt, Joe Martin of MA served two terms (1947-1949; 1953-1955). And since Newt there have been two:

John Boehner (2013-2015)
Paul Ryan (2015-2019)

Boehner was a mediocrity, but he was a professional legislator. Ryan was speaker during much of Trump’s first term. He’s noted for rewriting the tax code, which helped contribute to our ballooning deficits. McCarthy is inferior to either of these previous GOP speakers, who in their own ways were clear failures.

The Republican Party harbors some very dangerous extremists in their ranks, and McCarthy’s pandering to them is a dangerous game, not only for Democrats, but for all Americans. They don’t want policy; they only want airtime.

From Michelle Goldberg:

“…The movement these characters are part of…isn’t simply ideological. It’s also a set of defiant, paranoid, anti-system attitudes, and a version of politics that prioritizes showboating over legislating. That’s why McCarthy has found himself unable to negotiate with the holdouts.”

It’s looking like McCarthy will manage to eke out the speakership. More from Goldberg:

“It is not possible, however, that he’ll emerge, in any real sense, as a leader. His best-case scenario is that he’d be a fragile figurehead, a hostage…constantly in danger of defenestration.”

We all should know that these self-aggrandizing jokers won’t hesitate for a moment to crash the economy and/or shut down the government just so they can crow about it on Steve Bannon’s podcast.

If they will do this to their own Party, imagine what they will do to the rest of us.

It’s time to take our first break of the New Year from the “All Kevin, all the time” barrage and get to our Saturday Soother. It’s cold and rainy in Connecticut, and so it’s indoor activities this weekend, like maybe taking down some ornaments. Or maybe napping.

To help you get calmer about what a GOP majority in the House might do, grab a chair by a big window and watch and listen to “Capricho Arabe” written in 1888 by Spanish guitarist Francisco Tárrega. He was staying in Valencia, where Muslim, Castilian, and Christian cultures mixed, and you can hear all of those influences in this piece.

Here, British guitarist Alexandra Whittingham plays it in 2017 at the Church of St Pierre in Martignac, France:

Reform the Supreme Court, Part II

The Daily Escape:

Winter at Bryce Canyon NP, UT – January 2023 photo by Michael Andrew Just

The Supreme Court (SCOTUS) has a legitimacy crisis. Put simply, many people no longer think the Supreme Court can be trusted to uphold Constitutional rights or follow judicial norms. This is the result of the Conservative supermajority, driven by its partisan agenda that is increasingly hostile to precedent and separation of powers.

The Conservative supermajority threatens that it will not observe Constitutional guardrails. As an example, our democracy depends on citizens having a meaningful right to vote. Right now, that’s in jeopardy because the Court has upheld voter suppression laws and has provided for partisan gerrymandering to continue.

Also, the Conservative supermajority has taken away a woman’s control over her body. It has also taken direct aim at the tradition of separation of church and state.

SCOTUS ignores its own internal check of stare decisis by writing sweeping decisions seemingly intended to foreshadow future decisions that could further endanger American liberty as we know it.

So, it’s time to reform the Court by building better checks and balances. The power to make these changes sits primarily with Congress. So if reform is to happen, reformers are going to have to control both Houses of Congress.

Let’s talk about some of the options for reform.

I. Expanding the Court

This means increasing the number of justices. The number of justices isn’t set by the Constitution, so Congress can change it at any time, and has done so seven times. The first Supreme Court had only six justices.

Given that Congress can and has altered the size of the Court, it could do that again. One idea is to add two justices in every presidential term. Alicia Bannon of the Brennan Center for Justice wrote an analysis looking at this idea. Basically, it would mean every president gets to appoint two justices, regardless of how many justices wind up serving on the court.

One potential issue is that SCOTUS could regularly have an even number of justices, which isn’t unprecedented, but it makes the possibility of split decisions more likely. There’s also the possibility that it could make presidential elections even more of a proxy vote for Supreme Court justices.

The challenges are that this change would require 60 votes in the Senate to overcome a filibuster. And since Republicans control the House, it’s unlikely to happen soon.

II. Ending life tenure

The big upside to this proposal is that it is much less dependent on justices either retiring or dying. It could also help slow the increasing push to nominate younger justices who could serve on the court for longer.

Prior to 1970, Supreme Court Justices served an average term of 14.9 years. Post 1970, they’ve served an average term of 26.1 years. But the five most recently appointed Supreme Court Justices to leave the court served an average of 27.5 years.

Today, most countries in the world have limited judicial tenure, either through mandatory retirement ages or fixed terms. In the US, only one state supreme court (RI) allows for life tenure.

Properly implemented, term limits could give each president the opportunity to appoint the same number of Supreme Court justices each term. Thus, reducing partisan gamesmanship around individual confirmations while making the Court more representative.

One suggestion from the American Academy of Arts and Sciences calls for an 18-year term with regular appointments made every two years to replace outgoing justices. This would not only limit life tenure, but it would also guarantee every president a stable number of two appointments, assuring a reliable translation of voters’ political will into the federal judiciary.

III. Limiting the Court’s jurisdiction

Congress can limit the kinds of cases that can be appealed to the Supreme Court. Along with the ability to define the jurisdictions of lower courts, this “jurisdiction stripping” can be used to curtail the power of the Court overall. This also might force certain aspects of the law back to the political branches of government.

This happened recently under the Military Commissions Act of 2006, which tried to strip Guantanamo Bay detainees of the ability to appeal cases in federal courts. This could only become law if passed by both Houses of Congress and signed by the president.

IV. Create a binding code of ethics

The Supreme Court is the least accountable part of our government; it does not even have a binding code of ethics. We should institute a binding code of ethics, including rules to prevent conflicts of interest. We should adopt transparency measures, including live-streaming of oral arguments and decisions.

Of the above, term limits should be enacted, and a code of ethics should be established. Those are realistic goals. When the Constitution was adopted, the average life expectancy was 36 years, not today’s 80 years.

We need to forge a new consensus about SCOTUS. That requires us to do the political work of negotiating and renegotiating what the Court should look like, and how it should operate.

Reform The Supreme Court

The Daily Escape:

Gold Creek Valley, WA – December 2022 photo by Erwin Buske Photography

“A body of men holding themselves accountable to nobody ought not be trusted by anybody.” – Thomas Paine

Welcome to 2023! It seems like a good time to think again about what’s worth fighting for. Paine valued freedom and despised oppression. In 2023, we could substitute the US Supreme Court (SCOTUS) for Paine’s original targets, which were Britain and King George III.

From Ed Walker: (emphasis by Wrongo)

“In case after case, SCOTUS has ignored the trial record, made up its own facts, reached out to take cases before a record can be made, ignored precedent, including precedent about rejecting precedent, invented new Constitutional “doctrines”, taking faked-up cases for the sole purpose of striking down actions…and delaying justice through the shadow docket.”

The Shadow Docket is designed to allow the Court to engage in administrative management of its calendar so that the Justices have sufficient time to rule on emergency applications.

On Dec. 27, we saw an example of the Court’s reactionary majority using the Shadow Docket to extend indefinitely a Trump immigration policy known as Title 42. Trump implemented Title 42 to exclude asylum seekers from the US because they might be carriers of coronavirus.

From Vox’s Ian Millhiser:

“That decision…is typical behavior from the Supreme Court — or, at least, is reflective of this Court’s behavior since a Democrat moved into the White House….It’s the latest example of the Court dragging its feet after a GOP-appointed lower court judge overrides the Biden administration’s policy judgments, often letting that one judge decide the nation’s policy for…an entire year.

And that delay may be the best-case scenario for the Biden administration — and for the general principle that unelected judges aren’t supposed to decide the nation’s border policy. “

Millhiser points out that SCOTUS’ response is very different from when Trump was in office. Back then, the Court frequently raced to reinstate Trump’s policies within days.

The Court’s Conservative Six no longer seem to care about the law or precedent. It’s become a policy-making body in service of Conservative’s religious and social agendas. We should expect It to continue down this path until we reform the Court.

Reform is necessary to protect the legislative prerogatives of Congress, and the prerogatives of the Executive. Oh, and to protect the individual liberties guaranteed by the Constitution.

The NYT’s Adam Liptak says that SCOTUS has been rapidly accumulating power at the expense of every other part of the government. He quotes Mark A. Lemley, a Stanford law professor’s article in The Harvard Law Review:

“The Court has taken significant, simultaneous steps to restrict the power of Congress, the administrative state, the states, and the lower federal courts. And it has done so using a variety of (often contradictory) interpretative methodologies. The common denominator across multiple opinions in the last two years is that they concentrate power in one place: the Supreme Court.”

Non-elected activist judges indeed.

We have historically entrusted courts with the task of determining which rights belong to the people, and the extent to which governments at all levels can exercise their Constitutional powers in controlling the people. We know that courts have always lagged behind the consensus of the American People on issues of rights. But before now, change has come, albeit slowly.

That ended with SCOTUS’ decision in Dobbs, where the Conservative Six ruled that women have no right to control their own bodies.

Earlier, they imposed their religious view that coaches are free to dragoon their players into worshiping the God of the coach’s choice, and that religious leaders are free to spread a pandemic, despite public health officials’ warnings.

Neither Congress nor the President have resisted SCOTUS’s power grab. They haven’t even taken the mild step of imposing ethical requirements on the Court. The other two branches have simply watched the Conservative Six operate in their self-declared role of Philosopher Kings. We now have a Supreme Court tinkering with the Separation of Powers, based solely on political and ideological preference.

As if to justify their power without restraint or oversight, Chief Justice John Roberts recently cited the myth of “three separate and co-equal branches of government.” But that isn’t what the Founders and Framers had in mind, and it isn’t what the Constitution says.

In fact, the judiciary was third in line of power and importance in the minds of the Framers of the Constitution. Article III clearly puts the Supreme Court under the control of Congress. Section 2 is unambiguous:

“[T]he supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”

The founders felt the judiciary was not co-equal. In Federalist 51, James Madison proclaims:

“[I]n republican government the legislative authority, necessarily, predominates.”

In Federalist 78, Alexander Hamilton writes:

“[T]he judiciary is beyond compare the weakest of the three departments of power.”

It’s important to remember that the power to overturn laws passed by Congress and signed by the President was not granted by the Constitution: it was taken by the Court onto itself in 1803 in the case Marbury v Madison.

Soon SCOTUS will rule in Moore v Harper. Moore hinges on a legal proposition known as the “independent state legislature theory.” The theory says that, when it comes to making state laws that apply to federal elections — from drawing congressional district lines, to determining the who-what-when-where of casting a ballot — only the state legislature itself has the power to set the rules.

Moore is an opportunity for the court to reject radicalism, but SCOTUS may upend our democracy with their decision.

SCOTUS has legalized bribery of politicians (Citizens United) and ignored potentially seditious behavior by its own members and their families. Not to mention exceeding its Constitutional authority by inserting itself into political issues, now with startling regularity.

It’s time to reign in the Supremes before they reign over us.

Reasons For Optimism In 2023

The Daily Escape:

Spirit Lake, viewed from Mt. Spokane, ID – December 2022 photo by James Richman Photography

Wrongo has served you many big plates of gloom in 2022, and he has plenty more cooking on the stove. But, maybe there’s a reason to be a little optimistic about 2023?

Let’s take a few minutes to offer reasons why 2022 wasn’t as bad as it could have been, and why the coming year has a shot at being even better.

First, the Russians failed to win their war in Europe. And you ought to think that the Ukraine war is really a war against Europe, not just a land grab in Ukraine. Second, in the US, most of the authoritarian and anti-democratic candidates promoted by the Republican Party failed to gain a bigger toehold.

Both of these could easily have gone another way, as was nearly universally predicted by our so-called know-betters. But through the efforts of many government leaders and America’s regular citizens, they didn’t. But don’t underestimate just how close to real disaster we came in 2022.

In 2022, the West, at great cost, chose to help Ukraine defend itself. And in America, enough voters came out to help protect our democracy. Turnout in the midterms was reasonably high, especially among young voters. And despite the voter suppression laws passed in Georgia and Texas, voters got to the polls. Most losers acknowledged they had lost, just like in a functional democracy.

In fact, with last week’s passage of the Electoral Count Reform Act, the American system is enabled to create resilience, even if it doesn’t feel that way right now. Congress, with some semblance of bipartisanship, also passed a budget at the last minute.

Meanwhile despite our worst fears, the DOJ gained convictions against many Jan. 6 coup plotters and seditionists. A group of Oath Keepers is facing prison time. And the ringleaders of the plot to kidnap Michigan’s governor also got long prison sentences. Add to all of this Trump’s legal difficulties, which bring a high probability of him facing a criminal conviction, and there’s some reason for optimism in 2023.

And there is certainly more to come from DOJ Special Counsel Jack Smith, Wrongo’s pick for 2023 person of the year.

Even with some optimism there are a few things that could go horribly wrong in 2023.

Russia’s war in Ukraine is nowhere near over. The war is currently at a military stalemate, but the Ukrainian people are suffering terribly. Despite recent losses on the battlefield, Russia has a formidable army, and they might outlast the West’s commitment to Ukraine. That will bring a temporary peace to Europe, but it would be a huge strategic mistake to stand aside and let the Russians win.
The political crisis in the US isn’t over. We know that the Republican Party’s elected members of Congress still represent the main source of threats to the Constitution. With control of the House, they will pursue an anti-democratic agenda. Wrongo worries that when the Debt Limit needs to be increased this spring, the Republican-controlled House will refuse to be a part of that effort.

Anyone who predicted last year that 2022 would have been this successful would have been called a Pollyanna. The twin challenges for 2023, including the preservation of US democracy and the restoration of global peace, aren’t new. We’ve been facing them for several years if not decades. And we’re still here working on them.

Here are a few Wrong wishes for the new year:

An end to the war in Ukraine with a Ukrainian victory.
Continued good health for President Biden.
No deep 2023 recession. Let’s hope the economy defies history and remains strong.
A resolution to America’s immigration crisis. Let’s hope Congress can find a bipartisan solution that respects the dignity of migrants and establishes an efficient, workable immigration process.
Further relief from Covid. Fewer people are dying, but the virus can mutate very quickly, and that threatens all of us still.
Is a more centrist Supreme Court too much to ask for?

Finally can we have a rational House of Representatives? We need political stability. Wrongo knows that delivering on this wish is an extremely heavy lift.

As we enter the new year, as Kasey Kasim used to say:

“keep your feet on the ground, but keep reaching for the stars”.

Will things turn suddenly worse in 2023? Will inflation continue to hurt Americans? Will the stock market collapse in the face of recession? Will political turmoil continue? Perhaps. But if 2022 is a gauge, it’s far more likely that we will muddle through, with our politics marking time while both Parties position for 2024. And our economy will continue to grow, albeit very slowly.

Let’s try to keep things in context, and not be distracted by the many things that could go wrong. Let’s also recognize those things that go right. Happy New Year!

Now listen to Diana Krall in 2005 asking, “What Are You Doing New Year’s Eve?”:

The Wrongologist

Geopolitics, Power and Political Economy

Category: Daily Escape

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