Will Texas Disregard The Supreme Court?

The Daily Escape:

Snow Canyon, UT – October 2023 photo by Cathy Mortensen

(We will not publish a Saturday Soother this week, but there will be a Sunday cartoons column)

In doing research for this week’s Fascism in America column, Wrongo came across this from Rick Perlstein:

“And I think…what…we have in the United States: a very weak political establishment, but a civil society underneath it that’s looking for a kind of expression. And the expression that it’s taking is pathological….Because the party system is unable to answer the demands they have.”

A weak political establishment means that Congress can barely get out of its own way. Our political institutions have become ineffectual. The current Congress is setting records for inaction:

“The 118th Congress is on track to be one of the most unproductive in modern history, with just a couple dozen laws on the books at the close of 2023…”

This void is being filled by judicial or political opportunists. This is even true when the US Supreme Court hands down a decision that Republicans don’t like. From the Texas Tribune:

“The US Supreme Court…ordered Texas to allow federal border agents access to the state’s border with Mexico, where Texas officials have deployed miles of concertina wire…..For now, it effectively upholds longstanding court rulings that the Constitution gives the federal government sole responsibility for border security.”

Last October, Texas sued the federal government after Border Patrol agents cut some of the wire strung along the Rio Grande, arguing the Department of Homeland Security destroyed the state’s property and interfered in Texas’ border security efforts. But in a 5-4 decision the Supreme Court vacated a previous injunction from the 5th US Circuit Court of Appeals that prevented Border Patrol agents from cutting the wire.

So what does a sovereign state like Texas do in response? It’s governor Greg Abbott, issued a “Statement on Texas’ Constitutional Right to Self-Defense,” following calls by numerous Texas Republicans to resist the high court’s order. Abbott’s statement says that he had invoked his state’s “constitutional authority to defend and protect itself” which “is the supreme law of the land and supersedes any federal statutes to the contrary.”

OK, is it secession time anybody?

Houston Public Media quotes Charles “Rocky” Rhodes, teacher of constitutional law at South Texas College of Law in Houston:

“That’s a real blow to our separation of powers and the way that this country has governed itself….There have been situations in the past where governors and state officials have defied the Supreme Court, but that has led to constitutional crises.”

Teddy Rave, at the University of Texas at Austin School of Law, another constitutional law expert, described the calls to defy the high court’s order as unconstitutional and dangerous:

“The last time that I’m aware of that this kind of defiance actually happened was resistance to desegregation orders after Brown v. Board of Education….The Supreme Court didn’t take it kindly and issued a unanimous decision in Cooper v. Aaron explaining that states need to follow its constitutional rulings.”

But since it’s Texas, won’t the Supremes give the Republican governor a hall pass to run amuck over the Constitution? Maybe so, maybe no. The decision was 5-4, meaning that two of the six conservative Supreme Court justices said Abbott had to comply. Could one switch sides? Certainly.

What can Biden do if Abbott refuses to comply with SCOTUS’s decision?  He could federalize the Texas National Guard, which is what happened in Arkansas in 1957, when the then-governor Faubus tried to defy court orders allowing Black students to attend white schools in Little Rock.

Much like Abbott, Faubus’s fight was politically motivated. Faubus used the Arkansas Guard to keep blacks out of Central High School largely because he was frustrated by his political opponents’ success in using segregationist rhetoric to whip up support with white voters.

That eventually led President Eisenhower to federalize the Arkansas National Guard to effectively remove them from Faubus’s control. Eisenhower then sent the 101st Airborne Division to Arkansas to protect the black students and enforce the federal court order. The Arkansas National Guard later took over those protection duties, and the 101st Airborne returned to their base.

There seems to be a growing movement in Texas to fight the SCOTUS decision. A Texas nationalist urged Abbott to militarize the Texas State Guard if Biden federalizes the Texas National Guard. The Texas State Guard cannot be federalized. It has about 1,900 personnel, substantially smaller than the roughly 23,000 members of the Texas National Guard, but Abbott could attempt to beef up its headcount.

The Hill is reporting that Trump has urged states to deploy National Guard troops to Texas in support of Abbott. Various Right-wing twitter accounts are reporting that 25 Republican states have signed a statement supporting Texas against the Supreme Court. It’s not certain as Wrongo writes this is if these reports are true, but a presidential candidate and the governors of several states challenging the federal government seems an awful lot like the beginning of an insurrection.

Their joint statement isn’t in support of Texas, it’s in support of treason. This is what America has come to. It’s also symptomatic of the Supreme Court’s inability to check radical Trump-placed judges in lower courts who issue rulings with devastating consequences for democracy and human rights. States have no constitutional prerogative to nullify federal law. This principle was established during the nullification crisis of the 1830s and the Southern resistance to desegregation during the Civil Rights era. Nor, under the Constitution’s supremacy clause, can states interfere with the lawful exercise of federal authority. This rule is one of the oldest and most entrenched in all of our Constitutional law.

We often talk about Constitutional crises, and this could easily become one if Abbott and his enablers try to limit by force the US Border Patrol’s access in the upcoming days.

It’s also a test for Biden in an election year. Will he have to put down another insurrection by Republicans? If he does, what will be the political fallout?

Stay tuned.

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What America’s Nazi Period Tells Us Today

The Daily Escape:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Americans Dread The Future

The Daily Escape:

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

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

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

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

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

Here’s the relevant chart:

More:

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

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

From the issue:

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

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

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

More:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Colorado Case

The Daily Escape:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

/snip/

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

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

That’s not how parents deal with children.

It’s not how regulatory agencies deal with corporations.

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

From Robert Hubbell: (emphasis by Wrongo)

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

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

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

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

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

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

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

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

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

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Trump’s “Terminate The Constitution” Rant

The Daily Escape:

Juniper and snow, near Colorado Springs, CO – December 2022 photo by John Susan Hoffman

(Good luck to Sen. Ralph Warnock in today’s Georgia run-off election for a full term in the US Senate)

In the past two weeks, Trump has pledged solidarity with the January 6 rioters, dined with Holocaust-denying fans of Adolf Hitler, and called for the termination of the Constitution. On his failing Truth Social clone of Twitter, he yelled:

 “…the termination of all rules, regulations, and articles, even those found in the Constitution” in order to “declare the RIGHTFUL WINNER” from 2020 or “have a NEW ELECTION”

As Mike Pence’s former chief of staff, Marc Short said on Meet the Press, Trump’s attack on the Constitution was consistent with:

“…what he asked the vice president to do two years ago, when rioters were attacking the Capitol and he asked the vice president to overturn the election results.”

Let’s underline this: The likely Republican nominee for president in 2024 called for the “termination of the Constitution”,  not to “suspend” the Constitution as several pundits have mistakenly said. And very few in the GOP bothered to call him out on it. As Dennis Aftergut said in the Bulwark:

“Trump writing that we should cancel the Constitution ranks right up alongside John Tyler’s support of the Confederacy as among the most shameful acts by a former president in our nation’s history.”

There’s a method to Trump’s madness. Let’s go back to what he said to Lesley Stahl prior to their “60 Minutes” interview in 2018. From CNBC: (emphasis by Wrongo)

“Stahl said she and her boss met with Trump at his office in Trump Tower in Manhattan…in advance of a recorded sit-down interview for ‘60 Minutes’. At one point, he started to attack the press, Stahl said. There were no cameras in there. I said, ‘You know, this is getting tired. Why are you doing it over and over?….And he said: ‘You know why I do it? I do it to discredit you all and demean you all so that when you write negative stories about me no one will believe you.’”

And to a degree that worked. Trump has now moved on to discrediting the Constitution and the judiciary. While some Trump-appointed judges have done a few helpful things for him, they can’t deliver what Trump needs most: Immunity from prosecution.

He needs to be reelected in order to do that for himself.

Since 2021, the DOJ, the Georgia courts, and the New York courts have been grinding away at the January 6 insurrection, the theft and retention of national security documents at Mar-a-Lago, and the NY tax case. All have become more worrying for Trump.

He’s lost more than once in the US Supreme Court, in the 11th Circuit, and in courts in Georgia and NY. Regardless of whether it’s rulings on motions related to executive privilege, challenges to warrants and subpoenas, or actual verdicts against the Oathkeepers for seditious conspiracy, the legal wagons appear to be circling in more closely around him.

Trump knows that. So he’s returning to what has worked for him before: Demonizing his enemies.

Instead of the media, this time he’s attempting to demonize our Constitutional order. If he’s successful at doing that before we see any indictments, verdicts, and sentences against his corporation, or himself, he thinks he can survive politically with his base. By going for the Constitution, he’s trying to discredit the judicial system so that the GOP won’t turn against him if/when he’s held accountable.

Targeting the Constitution has downsides – the authority of any judge Trump appears before flows from that Constitution, and unlike the media, judges are backed by the DOJ and the FBI.

Imagine if you’re the DOJ’s Special Counsel Jack Smith, and the biggest target of your career just openly called for the termination of the Constitution. You’re probably thinking that you have a decent shot at convicting Trump of trying  to overthrow the Constitution back on Jan. 6.

Some GOP lawmakers who were asked on the Sunday political shows about Trump’s rant said they disagreed. However, most wouldn’t say they’d oppose Trump if he becomes the GOP’s 2024 presidential nominee. They’re saying as little as possible because they believe a large percentage of the Republican base agrees with him.

Trump’s best (his only?) defense is retaking the presidency. That is why we shouldn’t minimize his call to “terminate the Constitution”.

We need to keep pressure on Republican politicians to either disown Trump or embrace him. We should be asking Republican Senators and House Representatives:

“Trump took an oath to support and defend the Constitution, then he said we should abolish it. You also took that same oath. Does your oath require you to defend it against him?”

Mention the oath. In every question.

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Saturday Soother – November 5, 2022

The Daily Escape:

Pond, Horsethief Canyon Wildlife Area, CO – October 2022 photo by Ray Mathis

(There will not be a Sunday Cartoons column tomorrow. Wrongo and Ms. Right are visiting with family.)

Despite not having Sunday cartoons, here’s one to focus your mind between now and Tuesday:

Regarding the midterms and what they might bring, we should do all that we can in these final hours to bring about the result we want. A fatal flaw would be losing control of the House and Senate because some people didn’t care enough to vote.

But as with most potentially game-changing events, we will have to wait for the votes to be tallied, all the while hoping we’ve done enough. It will make for an anxiety-provoking few days.

And Wrongo is worried by the thought that the Dems might lose. But we only truly lose when we cease to resist the autocratic forces on the Right who would tear down democracy. And what about if we win? There can’t be complacency with a win either.

As long as there are forces seeking to “tear it all down” there’s a need for continued work to energize Democrats. We may have political victories, but we can’t become complacent. Sorry to say, but democracy only sustains itself through the efforts of those who commit to its continued defense.

It’s also essential that we take the long view of what’s happening in our country. We are clearly in a battle between autocrats and (small d) democrats. The Democratic Party wants Americans to live in a democratic country that regulates capitalism and provides a social safety net. The autocrats do not.

This battle is going on throughout the world.

Regardless of what happens on Tuesday, after the election we will regroup and figure out how to go forward.

Here’s Wrongo’s wish that you have a calm weekend. That means he hopes that our Saturday Soother will help bring some calmness along with coffee.

Last Monday we returned to the Mansion of Wrong and saw evidence that wildlife are our neighbors. The flesh of the pumpkin by our front door was completely gone, and there were tracks in the remaining pumpkin mush that were consistent with that of a racoon, who are known to eat them. Also, a large animal (Bear?) tore open a big ground wasp nest on our lawn. Nothing remains but the new hole in the ground and a few broken honeycombs.

Not sure what message the animal kingdom is sending us. But Wrongo assumes it’s a reminder that we live in a large ecosystem that until the last century was dominated by wildlife.

Let’s start Saturday’s effort to not think about the midterms with a hot steaming mug of Kona Extra Fancy ($45/12oz.) from the Roberts family’s San Francisco-based San Francisco Bay Coffee. It seems expensive, but inflation is cruel to coffee drinkers. The roaster says that it has flavors of dark chocolate, persimmon, roasted almond butter, and magnolia. That probably explains the price.

Now, grab a seat in the sun (it will be 72° here today) and watch and listen to Beethoven’s “Triple Concerto in C Major, Op. 56 No. 2”. Here it is performed live in 2019, by a superstar trio of Anne-Sophie Mutter on violin, Daniel Barenboim conducting and on piano, and Yo-Yo Ma on cello, at Philharmonie, Berlin:

Yo-Yo Ma says:

“For me, in the Triple Concerto, it’s the constant invention that always takes me by surprise. You know what I love about the piece? It’s so celebratory, so positive.”

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Democracy Fatigue

The Daily Escape:

Fall arrives in Ouray, CO – October 2022 photo by Gary Ratcliff

Why is authoritarianism growing at home and abroad? There is a relatively new notion called democracy fatigue: Political passivity and disgruntlement that stems from the exhaustion of seeing endless politicking, but never seeing change that makes lives better.

We’ve had a constant barrage of existential crises: Covid, climate change, Russian imperialism, immigration, inflation, and growing economic insecurity. With needing to act on all of these (and a few more), the ideals of political compromise and letting everyone have their say, seem sadly dated.

On the American Right, many joke that what would make things better is a ‘benign dictatorship.’ Because democracy doesn’t get things done. Politicians everywhere are taking the opportunity to go with “the big lie”. It’s become about lying until your ideas are accepted as fact. From Heather Cox Richardson:

“After World War II, political philosopher Hannah Arendt explained that lies are central to the rise of authoritarianism. In place of reality, authoritarians lie to create a “fictitious world through consistent lying.” Ordinary people embraced such lies because they believed everyone lied anyhow.”

And distrust of democracy is growing. From Hal Gershowitz:

“…in the US, Germany, and Japan, somewhere between 20% and 40%…would embrace “a strong leader who does not have to bother with parliaments and elections.”

Hal reminds us that last April In France, Emmanuel Macron managed to once again defeat right-winger Marine Le Pen, but by a much narrower margin than in their last face off in 2017. Elsewhere:

  • In traditionally liberal Sweden, a coalition of right-wing parties, anchored by the far-right Sweden Democrats, took control of Parliament.
  • Hungary’s uber authoritarian, Viktor Orbán secured his fourth consecutive term as Prime Minister.
  • And most recently, in Italy, a coalition led by far-right leader Giorgia Meloni won and will put together Italy’s first far-right government since World War II.

Beyond these are the far-right British National Party, and the Norwegian Progress Party. While these are fringe parties, they can exert influence on whatever party leads in parliamentary democracies.

Freedom House, founded in 1941 and primarily funded by the US, also paints a bleak picture. It publishes an annual assessment of “Freedom in the World” which notes that authoritarianism is having a great run. Freedom House says in 2020, the number of countries  they listed as “no longer free” grew to the highest level in 15 years. Countries registering declines in political rights were also the highest in 15 years.

They note that a total of 60 countries suffered declines over the past year, while only 25 improved. As of today, some 38% of the global population live in Not Free countries, the highest proportion since 1997. Only about 20% of the world’s population now live in Free countries. The balance (41%) live in Partially Free countries.

The rise in authoritarianism may be due to the fact that in a sea of uncertainty, people are looking for a life raft. So they are willing to listen to and vote for those who articulate the importance of “traditional” values, and to assure them that the purported attack/assault on those values is a threat to them and their families.

The longing for benign dictatorship continues among America’s technology elites, whose denigration of politics flows from a Silicon Valley ideology that mixes libertarianism with authoritarian rule. They seem to want politics to work the way their products do: With elegant solutions implemented by smart, creative makers.

Their message is that surely, there’s a right way to get the job done: Fill the potholes, build the roads, keep our streets safe, get our kids to learn reading and math.

But whose potholes should get filled first? Should we keep our streets safe through community policing or long prison sentences? Should teachers be given merit pay, are small classrooms better, or should we lengthen the school day?

All of these issues can engender deep political fights. That’s because politics is disputes about values, not technical solutions. One person’s “right” is not another’s because people prioritize different values: Equity versus excellence, efficiency versus participation, security versus justice, short-term versus long-term goals.

Trump’s continuing control of the Republican Party is due to his ability to exploit grievance. His “America First” message continues to resonate with millions of voters who view the Democratic Party’s policies as an assault on America’s traditional values.

For the upcoming midterm elections we need to remember that constitutional democracy is not a gift from the gods.

It can be wrested away if we fail to uphold our democracy by voting this fall.

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Saturday Soother – September 24, 2022

The Daily Escape:

Joshua Tree NP, CA – September 2022 photo by Bart Aldrich

This week, Wrongo and Ms. Right watched the Ken Burns program on the Holocaust on PBS. The three-part series is about how America responded to the Holocaust. An overriding theme in the film is that America’s aversion to immigrants framed much of our response to what Germany was inflicting on Jews throughout Europe.

You will not find a better or clearer narrative about the unfolding of the ideas and events that led ultimately to the Holocaust. Learning about America’s response in the run up to WWII is something we all should confront. It’s part of the ongoing conversation of what sort of country we believe the US to be, versus the kind of country it actually is.

From Tom Teicholz in Forbes:

“There are many revelations in the film. Burns, Novick and Botstein explore at length the connections between the American Eugenics movement, American genocidal policies towards Native Americans, and Jim Crow laws and Hitler’s policies and Nazi laws.”

Granted, the Germans didn’t need to learn racism or xenophobia from Americans. They did quite well on their own. They had already figured out how to export that to their African colonies. But, it’s true that here in America, we had the genocide of the Native Americans: Round them up, confine them, eliminate a major food source, and kill as many as you can. Genocide against Black people: Forced servitude, rape, and murder.

One thing that was beyond the scope of the film is why there was so much ambivalence by Americans to Hitler, and why we didn’t take in more European refugees. They show that until the late 19th century, America was a nation that welcomed immigrants. Then as the country grew and rates of immigration increased, by the turn of the 20th century, nativist sentiment was at an all-time high. Even Progressives, who prided themselves on helping the less fortunate, generally favored anti-immigration policies.

Ultimately, the US government’s anti-immigrant legislation normalized xenophobia in America. Nationalism and fear of immigrants has apparently been with us ever since. The film says that Hitler copied our tactics (!) and took them to a new extreme while the world watched.

On the last night (of 3), the film reminds us of the irony that Russia benefited from Roosevelt’s “Lend-Lease” arms program to help defeat the German invasion in WWII. A supreme irony now is that Russia’s complaining about our 2022 version of “Lend Lease” where the US is sending weapons to Ukraine to use against Russia.

We’re often inconsistent in our policies, but here we are in 2022 with a similar interest: The continued existence of an attacked sovereign nation. Only this time Russia is the aggressor, not Germany.

The last five minutes of the film provides a montage of the rising white supremacism and antisemitism in the US (including a clip of the marchers at Charlottesville in 2017) that, regrettably makes “The US and The Holocaust” all too relevant to today. It’s a very difficult history, but it’s also important that it is not forgotten.

Despite what’s going on in Ukraine and Russia, or with Trump’s many legal quagmires, let’s shut down the politics and posturing for this week. It’s time for our Saturday Soother.

Here on the fields of Wrong, the lawn has greened up from several decent rainstorms over the past few weeks. The bluebird houses are coming down for the winter. As we bid farewell to summer, leaves are beginning to turn color and fall. The summer classical music venues that we love have ended their seasonal programs. Wrongo wore a down vest this morning.

Time to grab a mug of Ethiopia Nano Genji Bergamot coffee ($25.50/12 oz.) from Sacramento, CA’s Temple Coffee. The roaster says it has flavors of tangerine and ginger with a long finish.

Now grab a seat by a south-facing window, put on your wireless headphones and listen to Van Morrison perform “When the Leaves come Falling Down” from his 1999 album “Back on Top”. We usually feature classical music on Saturdays, but this effort by Van the Man is very mellow and features wonderful fall photos:

The string section in the tune is by the Irish Film Orchestra.

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DeSantis Dickitude

The Daily Escape:

Cathedral Valley, Capitol Reef NP – September 2022 photo by Mary Warner

Pretty sure everyone saw the news about planes landing on Martha’s Vineyard full of Venezuelan immigrants. From the NYT:

“The migrant group, which included children, arrived on two planes around 3 p.m. without any warning, said State Senator Julian Cyr, a Massachusetts Democrat representing Cape Cod, Martha’s Vineyard, and Nantucket. Officials and volunteers from the island’s six towns “really moved heaven and earth to essentially set up the response that we would do in the event of a hurricane,”

Florida Gov. Ron DeSantis (R) took credit for sending the planes with migrants. This is frat-boy behavior from a dick Republican governor. Not to be outdone in showing his big dickitude, Texas governor Greg Abbott (R) sent two busloads of migrants to the home of VP Kamala Harris in Washington DC.

DeSantis isn’t the first to do this. The JFK Library twitter account reminds us that in 1962:

“To embarrass Northern liberals and humiliate Black people, southern White Citizens Councils started their so-called “Reverse Freedom Rides,” giving Black people one-way tickets to northern cities with false promises of jobs, housing, and better lives.”

Maybe DeSantis and Abbott should have read a few history books before deciding to ban books.

DeSantis knows that Florida is home to 60% of the Cubans living in the US. These immigrants fled to the US to escape poverty, violence, and a Communist dictatorship. Many didn’t follow immigration laws at the time. More still try to reach Florida every week. Is DeSantis saying that he doesn’t want Venezuelan migrants but sure, more Cuban migrants are ok?

MA State Rep. Dylan Fernandes, whose district includes Martha’s Vineyard, tweeted: (brackets by Wrongo)

“The Governor of one of the biggest states in the nation has been spending time hatching a secret plot to round up & ship people—children, families-lying to them about where [they’re] going just to gain cheap political points on Tucker [Carlson] and MAGA twitter….These immigrants were not met with chaos, they were met with compassion. We are a community & nation that is stronger because of immigrants.”

Another thing: Have these plane/bus operators committed crimes? Airlines usually file manifests about who is onboard and where they’re going. Why would they, most likely private/charter operators, agree to be part of a political stunt?

The companies that transported the migrants should be told that while Abbot or DeSantis can hire them, the transport companies also have legal obligations to their passengers. If the charter companies are MAGA and won’t comply, they could have their permission to operate revoked.

And one more thing: Why are people who may not qualify for asylum being sent to other parts of the US rather than being sent back to their country of origin? And by self-professed law-and-order type governors?

DeSantis says he’s a Christian, but he’s not clothing the naked or feeding the hungry. He’s doing the opposite: Driving them from his state, not because it’s required legally, but because he can use them to advance his political ambitions. He’s using vulnerable human beings for his personal advancement. That’s evil personified.

Are we now a country of political gotcha? Should Chicago and NYC send their gang bangers to Florida and Texas? What do any of these stunts solve? From Digby about DeSantis:

“…his despicably cruel, racist worldview has been embraced by conservative Christians [for] as long as I can remember. Certainly in the years after 9/11 it was on display everywhere you looked. Their view of Christianity is that Jesus loves white people like them, period. Everyone else can literally go to hell.”

There is nothing Christian or Conservative about what DeSantis did. The folks in Martha’s Vineyard, who welcomed the immigrants, were the ones who acted as Christians. DeSantis is surely aware of the passage in Matthew:

“Whatsoever you do to the least of my people, that you do unto me.”

The requirement of that passage is what a Christian church on Martha’s Vineyard did to help these migrants. All that DeSantis and his friends do is complain that they can’t have their preferred prayers said in public schools.

Christian nationalism as it is practiced today in the US is becoming the worst and most destructive heresies to afflict American Christians. More about this tomorrow.

This incident on Martha’s Vineyard is another reminder that a central conceit of Republican politics is that everyone is secretly as cruel as they are. And because of that, no one would be genuinely willing to help the people Republicans pack into planes and buses and ship off to liberal land.

They’re wrong.

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Corporate Money Is Flowing To Senate Republicans

The Daily Escape:

Sunset, Housatonic River, New Milford CT – 2022 photo by Tony Vengrove

There are just 55 days left until the 2022 midterm elections, and Wrongo’s crystal ball remains cloudy. For example, take the US Senate race in Pennsylvania. Democrat John Fetterman leads Republican Mehmet Oz by 48.5% to 40.4% in the 535 average of polls as of September 8. Sounds like a big lead, no?

But the US Chamber of Commerce told Axios on Sept. 11 that it was donating $3 million to support Oz’s campaign. Who is the US Chamber? They are an industry group that represents virtually every major American corporation. From Judd Legum:

“Corporations — whether individually or through a trade organization like the Chamber — are prohibited from donating $3 million directly to Oz’s campaign. (Corporate PAC donations are capped at $5,000 per election.) So instead, the Chamber is routing the money through the Senate Leadership Fund, a Super PAC set up by Republican Leader Mitch McConnell….The Senate Leadership Fund can raise unlimited funds from any source and spend them to boost Oz and other Republican candidates.”

In a statement, Chamber EVP Neil Bradley described Oz as “a pro-business champion” and said Fetterman “subscribes to a far-left, government-knows-best approach.”

So, America’s big corporations are against Fetterman. Sounds like a reason to be for him.

Legum takes a deep dive into where the US Chamber gets the millions it is donating to promote Oz’s candidacy: It comes from dues paid by member corporations. And which corporations are members? The Chamber keeps its membership list secret. More from Legum:

“We know, however, that virtually every major American corporation is a member of the Chamber. The Chamber’s board of directors includes representatives from FedEx, Bristol Myers Squibb, Facebook, AT&T, United Airlines, Abbott, 3M, Microsoft, Deloitte, Fidelity, Chevron, Intuit, Xerox, Pfizer, Dow, AllState, Delta, and many others.”

And most member companies don’t have a board seat. Their donations are secret as well, but CVS disclosed that it paid $500,000 to the Chamber in 2021 and $325,000 to a related organization, the US Chamber Institute for Legal Reform. And CVS isn’t a board member! Imagine how much the really big guns paid.

A few major corporations aren’t members. Apple, for example, resigned its membership in 2009 in protest of the Chamber’s policy on climate change.

Sadly, corporations are not accountable (or even visible) in their support of the extreme policies of the GOP when they donate through vehicles like the US Chamber. We have to hope that as the Republican message gets ever more extreme, corporations will have a harder time continuing their support for this type of Citizens United chicanery.

This shows just how scummy our politics have become with the help of the Roberts Court and the Federalist Society. If it’s illegal to donate a certain amount directly to this person or organization, we simply create a PAC or a Super-PAC, and then donate huge sums directly to them.

If creating a PAC achieves this result, how is the individual limitation protecting democracy?

There’s an old joke about how if you know a little about politics, your issues are guns, abortion and taxes. If you know a lot about politics, your issue is campaign finance reform.

Pennsylvania is one of a handful of states that could determine which Party holds the majority in the Senate. While Fetterman has a lead, Pennsylvania is still a competitive state, with money pouring into its governor’s race as well. This $3 million from the Chamber could have a real impact on the outcome.

It’s important to understand that more than 40% of the Pennsylvania electorate seems to want what Oz is offering. That’s scary, and it speaks to something that many in the media don’t want to address. They’re actually scared to address what the Republican Party has become. It isn’t surprising because the media are both a large part of the problem and not a part of the solution.

And when Biden accurately calls out what the Republican Party has become, when he says that Republican behavior and beliefs are inimical to what America is supposed to be, the media says he’s being divisive.

Oz is an example of what happens when one Party creates an existential situation out of whole cloth. When it’s backed by their 30 years of increasing extremism, the existential threat to democracy is now real.

No, America’s corporations aren’t going to save you. Giving money and time to Democratic Senate candidates like Fetterman, or Georgia’s Warnock (up by 2%), or Arizona’s Kelly (up by 2%), or New Hampshire’s Hassan (up by 4%), or Ohio’s Ryan (up by 1%), or North Carolina’s Beasley (up by 1%) MIGHT save you.

Do what you can.

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