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The Wrongologist

Geopolitics, Power and Political Economy

Verdict First. Trial Later

The Daily Escape:

Joshua Tree NP CA, in snow – December 2019 photo by chase_embrace

Have you been watching the impeachment extravaganza? It’s a mind-numbing exercise that’s difficult to take in large doses. That was probably Mitch McConnell’s plan. There are a few revelations though. One is the work of Adam Schiff, (D-CA) who is the lead House manager for the impeachment trial.

Josh Marshall at TPM says that Schiff’s job is to put the Senate on trial, and put Republican senators in a box that they can’t climb out of in November:

“Adam Schiff… [is] making a really convincing, damning set of arguments about all the accusations the President’s lawyers are denying while they simultaneously refuse to release records which would quickly confirm and refute those accusations.

These are cases in which we know there are contemporaneous notes or other records. The answers are there. But they refuse to release them. It is a damning indictment not only of the President but even more his Senate accomplices.”

The Senate Republicans swore an oath to be jurors, but they want to keep all of the proof secret. So, Schiff and the other House managers are making it clear that it is the Senate Republicans that are really on trial. The weakness for Republicans is that this is the first Senate trial held in defiance of the principle of shared facts and evidence.

Republican Senators are not paying close attention to Schiff and the others. All Senators are supposed to be in attendance and listening, but a few, mainly on the Republican side, are openly flaunting the rule. Dana Milbank’s column in the WaPo:

“Just minutes into the session, as lead House impeachment manager Adam Schiff (D-Calif.) presented his opening argument for removing the president, Sen. Rand Paul (R-KY) displayed on his desk a hand-lettered message with big block letters pleading: “S.O.S.” In case that was too subtle, he followed this later with another handwritten message pretending he was an abducted child:  “THESE R NOT MY PARENTS!”

See, it’s all just a joke, presided over by the Chief Justice of the US Supreme Court. Hell, Trump said out loud at Davos that he’s withholding evidence: (brackets by Wrongo)

“I got to watch enough [of the Senate trial] — I thought our team did a very good job. But honestly, we have all the material. They don’t have the material.”

The second article of impeachment is obstruction of Congress by withholding witnesses and documents. Trump confessed to it on live TV to reporters, and Senate Republicans don’t care.

Wrongo’s been waiting for Republicans to pay a significant price for their lying, hypocrisy, constant defiance of the rule of law, and disrespect for our institutions, norms, and Constitution, ever since the days of St. Ronnie.

From Martin Longman: (emphasis by Wrongo)

“In a way, it’s something the Democrats are getting used to. From the hanging chads in Florida in 2000 to the Electoral College loss in 2016, the Republicans make a living winning despite losing. They’ve become dependent on cheating and rigging the rules of the game, and they’re experts at it at this point.”

The impeachment trial Kabuki play is no different. The GOP is gleefully waiting out the ceremonial “trial” in order to deliver their pre-ordained verdict.

Is it just Wrongo, or does it seem like America is screwed beyond redemption? If, by some cosmic quirk, Democrats one day hold the Presidency and both Houses of Congress, anything they attempt to do that does not align with Republican orthodoxy will end up being decided by one of McConnell’s right-wing courts.

You can expect that they will find a way to tie up, or simply negate anything the savior Congress tries to do. Will some great leader show up? Does the current crop of Democratic candidates have anyone able to make the case for wholesale change?

Do any of them have coattails sufficient to win the Senate?

Wrongo proposes that we think about Adam Schiff as the Democratic Presidential nominee. Sure, you think it’s too late, but is it really?

Here’s what the WaPo’s conservative writer Jennifer Rubin said about Schiff’s opening statement: (emphasis by Wrongo)

“And that is what the trial is about. It’s about making clear to the entire country that Trump did exactly what he is accused of, but that his own party, suffering from political cowardice and intellectual corruption, do not have the nerve to stop him. If that is the goal — prove Trump’s guilt and Republicans’ complicity — Schiff hit a grand slam. And we have days more of evidence to hear.”

He’s someone who can make a tightly reasoned argument. He’s well-spoken, and knows Constitutional history. He’s a liberal from a liberal state, and at 60, he’s not a geezer.

President Adam? Sure, why not!

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More About The Virtue of Exciting Candidates

The Daily Escape:

Mt. Assiniboine, Provincial Park, BC, CN – 2019 photo by Talhanazeer. Assiniboine is the pyramid-shaped mountain on the left.

When Wrongo thinks about the Democratic primary candidates, he feels a bit like when he was a breeder of Havanese dogs: “Don’t get too attached to any one of them–we’re only keeping one.”

At the end of the day, we’ll only have one candidate. The question is which is the keeper?

Yesterday we asked: which candidate excited you? Judging by crowd sizes in Iowa, Sanders, Warren and Buttigieg have generated excitement, while Biden has not:

“Mr. Biden has a lot to prove here. I’ve attended some of his town halls and rallies, and they’ve been lackluster, his speeches dull and meandering, and his crowds comparatively small. I’ve been to memorial services that are more exciting. I certainly hope mine is.”

That quote is from Robert Leonard, the news director for the Iowa radio stations KNIA and KRLS. More from Leonard:

“Who is going to get an enthusiastic turnout caucus night? Bernie Sanders will. His support is strong. We’ll see if he can increase it….

Elizabeth Warren has fallen in the polls, but she will have a big turnout caucus night. Her on-the-ground organizing is terrific and her supporters unwavering…..

Pete Buttigieg will also have a big turnout. Watching his several-blocks-long parade of supporters file into the Liberty and Justice Dinner last fall in Des Moines gave me goose bumps…..”

Leonard finishes with this:

“On caucus night, given the soft support I see, if the weather is bad Mr. Biden’s supporters might not come out. It might also depend on what’s on TV….For the other candidates, if their supporters walked outside, slipped on the ice and broke a leg, they still would crawl through snow and ice to caucus.”

He’s alluding to the x-factor, the charisma, the excitement that a candidate creates in voters, and claims that in Iowa at least, Sanders, Warren, and Mayor Pete are showing some of that.

The first thing that most of us want is relief from the Trump assault. In the general election, that starts with telling people the damage assessment, and a plan of repair. The nominee has to say that our government and democracy are in tatters and need to be stitched back together. Constitutional checks and balances have been nearly destroyed by the Republicans.

Maybe we need Medicare for all, free college tuition, and the rest of the progressive agenda, but first, we need to triage our democracy.

To win the presidency, we need to take back Pennsylvania, Michigan and Wisconsin. Are the voters in those three critical swing states ready to sign on to rebuild our social safety net, reform health insurance, and raise taxes on the rich and corporations? Hell yes.

Trump’s 2020 plan is to pump up the Dow while keeping unemployment at historic lows. He’s done that with a $1.5 trillion tax cut without any plan to pay for it. He’ll tout his new “trade deal” with China. He’ll mock and belittle the Democrats and their nominee. Meanwhile, Trump has no health plan at all!

Mitch McConnell’s plan is to make sure Trump is acquitted at all costs, to continue packing the courts, and blocking any meaningful legislation coming out of the House.

What’s the Democratic Party’s 2020 plan? The proposals by the progressive Democratic candidates have merit. Their goals are the right ones for the country and the planet. But, those plans will take several administrations to fully implement. Few voters fully understand the details of how to pay for Medicare for all. Moreover, they absolutely are worried about having their private health insurance taken away. That’s what most Americans have, so that has to be a big concern for Democrats in 2020.

Which of the current flock of Democratic candidates have what it takes to unite and lead the Party to a 2020 victory? Which nominee will have coattails to swing the Senate, hold the House and add to the Party’s roster of statehouses?

The 2020 election will turn on whether individual voters see the Democratic Party’s nominee as a heroic savior of the country, or less of a leader than the execrable Trump.

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Monday Wake Up Call – December 2, 2019

The Daily Escape:

New snow at Minnehaha Falls, MN – November 2019 photo by memotherboy.

Cook Political Report’s Dave Wasserman lays out a grim, but possibly likely 2020 scenario, one where Trump loses the popular vote by five million or more votes, and still wins the Electoral College:

“The ultimate nightmare scenario for Democrats might look something like this: Trump loses the popular vote by more than 5 million ballots, and the Democratic nominee converts Michigan and Pennsylvania back to blue. But Trump wins re-election by two Electoral votes by barely hanging onto Arizona, Florida, North Carolina, Wisconsin and Maine’s 2nd Congressional District — one of the whitest and least college-educated districts in the country.”

In 2016, Trump’s victory hinged on three states he won by less than a point: Michigan (0.2%), Pennsylvania (0.7%) and Wisconsin (0.8%). All three of these relatively white states with aging populations also have high shares of white voters without college degrees, a group that has trended away from Democrats.

It’s been no secret that six states — Arizona, Florida, Michigan, North Carolina, Pennsylvania and Wisconsin — are best-positioned to decide which candidate reaches 270 Electoral votes and wins the presidency.

Democrats contend that they won the Senate and governors’ races in Michigan, Pennsylvania and Wisconsin in 2018. And in the House, they flipped two seats in Michigan and four in Pennsylvania.

But Trump could lose Michigan and Pennsylvania and still win the Electoral College, so long as he carries every other place he won in 2016. And Wisconsin is in play, because Democrats won Wisconsin’s governor’s race by just a single point, and failed to gain a House seat. If Wisconsin’s Trump voters turn out in 2020, it could easily stay red.

And should a 269-269 Electoral vote split occur (not impossible), the process moves to the House, with each state delegation having one vote. A majority of states (26) is needed to win. Trump would win, since the GOP holds the majority in 26 states, while Democrats control 22. Two states, Michigan and Pennsylvania, are tied.

The Senate would elect the Vice-President, with each Senator having a vote. A majority of Senators (51) is needed to win, so the GOP would win in the VP in the Senate, as well.

There are a lot of scenarios that could happen in 2020, including a “blowout” victory by Dems. In this scenario, it’s possible the Democratic nominee could win Georgia, Iowa, Ohio or maybe even Texas. But the most likely scenarios see Wisconsin as the state that decides the presidency. Running up the score in California isn’t going to help Dems when it comes to beating Trump.

This makes it of utmost importance that Democrats select a presidential nominee that can energize both the Party’s base, and enough independents to overcome the GOP’s natural advantage in the states that voted for Trump in 2016. That’s going to be harder than it seems. A November Economist/YouGov poll showed this: (emphasis by Wrongo)

A Majority (53%) of Republicans think Donald Trump was a better President than Abraham Lincoln. pic.twitter.com/CrsiYeLUdJ

— Jesse Ferguson (@JesseFFerguson) November 29, 2019

Interestingly, 75% of the country rated Lincoln as better than Trump, showing that the GOP is completely out of step with the rest of us. But, despite an approval rating in the low 40s, Trump has a path to re-election.

Keep this poll in mind whenever the Democratic Party suggests that Democrats can win over Republicans. There may be a few persuadable Republicans, but the majority of Trump’s party actually believes that he is a better president than the guy who kept the nation together by winning the Civil War. Lincoln’s worst day was probably better than Trump’s best.

Time to wake up Democrats! You keep waiting for demographic change to swing many Red states, but most of the change is occurring in noncompetitive states, particularly California and Texas, which threatens to further widen the chasm between winning the popular vote and winning the Electoral College.

Dems need to compete as if our lives depend upon it, in all of the House and Senate elections, in addition to local elections and the presidency!

They need to, because our lives actually do depend upon changing the course we’re on.

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The Only Article of Impeachment We Need

The Daily Escape:

Early winter, Adirondacks, NY – 2019 photo by nikn

Trump spoke at the NYC Veterans Day Parade on Monday. He said:

“Today, we come together as one nation to salute the veterans of the United States Armed Forces, the greatest warriors to ever walk the face of the Earth,”

There were both cheers and boos, but the unsettling fact is that his speech comes two days after Trump was found liable by a NY State judge of defrauding veterans of millions of dollars via a fake charity he used for personal and campaign expenses.

The settlement, which was finalized last month by judge’s order, and announced on Thursday, included a detailed admission by Trump of misconduct:

“Among Mr. Trump’s admissions in court papers: The charity gave his campaign complete control over disbursing the $2.8 million that the foundation had raised at a fund-raiser for veterans in Iowa in January 2016, only days before the state’s presidential nominating caucuses. The fund-raiser, he acknowledged, was in fact a campaign event.”

That Trump got to speak about veterans after settling a case in which he acknowledged that he defrauded Veterans shows just how low our expectations for American politicians have sunk in the past three years.

We should stop the current impeachment deliberations in Washington, because we know all that we need to know right now. An American president who defrauds veterans has met the bar of a “high crimes and misdemeanors”. We shouldn’t need any more testimony about bribery and extortion of a foreign power.

The veterans’ fraud is by itself, the greatest presidential scandal in American history. And the case is already decided.

The question is: Can a president be impeached for crimes committed before becoming president? The answer seems to be yes, although Republicans may differ. There are really no criteria for impeachment. All you need is to get the appropriate number of votes in the House. The standard is high crimes and misdemeanors, and Congress gets to decide what those are and when they count.

Try not to let your eyes glaze over and see this as just another Trump misdeed. Isn’t this a violation of Federal election financing laws? Doesn’t Trump owe past due Federal income taxes on the money misspent by his foundation?

Had this been any other president, we’d be hearing bi-partisan calls for his resignation. Imagine that Barack Obama had raised money for veterans, only to do what Trump did: Spend some on a giant portrait of himself and on some sports memorabilia. It would have singlehandedly destroyed his presidency and would likely have forced his resignation.

But in Trump’s horror show of an administration, the news that Trump was forced by a judge to repay $2 million to real charities because of his grifting wasn’t even the top news headline of the day.

There should be just the one count of impeachment. If it fails, Democrats should hammer on it during next year’s presidential campaign. And the shame of it should follow Trump, and any Republican who votes against impeachment, for the rest of their lives.

What has happened to accountability by our politicians? Why should we let Trump live a consequence-free life? Try to remember just how one-sided accountability has become:

Bush 1: Neck-deep in Iran-Contra and related pardons — just a little fuss
Clinton: Lost money in a real-estate deal, lied about an affair — giant furor
Bush-2: Lied us into war, made torture into official US policy — just a little fuss
Obama: wore a tan suit, put his feet on the table, and fist-bumped with his wife — giant furor

Time for the giant furor to go the other way. “Theft from Veterans” should be the only charge in Trump’s impeachment. It’s horrendously offensive, it’s clearly conduct unworthy of a president, it’s already been proven in court, and it doesn’t require a close reading of the Mueller report or, trying to distinguish between the names Vladimir and Volodymyr.

Imagine how hard Republicans would have to work trying to justify Trump’s behavior or, to blow it off.

Defrauding veterans is something that the public can understand and get angry about. There’s no risk that it’s so complicated that the public will tune out. When a Trump supporter asks “so why is he being impeached?” There’s a simple answer. Guilty of fraud.

This really targets Trump where he’s most vulnerable, his base: The purported law and order, military-loving people who populate his rallies. They will not take kindly to this.

As an American, this pisses Wrongo off. As a veteran of the Vietnam War, the one that Trump fake-bone-spurred his way out of, it’s infuriating.

Make this the one article of impeachment!

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Can Dems Beat Trump In The 2020 Battleground States?

The Daily Escape:

Buttermilk Falls, Ithaca, NY – October 2019 photo by mattmacphersonphoto

Some news was made by pollsters yesterday. The NYT and Siena College are out with a poll of 2020 battleground states that shows Trump is highly competitive in head-to-head matchups with the top Democratic candidates. Even though Trump is by far the most unpopular president in American history, these polls indicate that he could get re-elected.

Here are the top line results. Among registered voters, Biden narrowly leads Trump in four of them, Sanders in three, Warren in one:

These states were the key contests in 2016 between Hillary and Trump. Trump’s approval ratings have long been in the high 30s to low 40s, and he trails Biden by almost nine points in an average of national polls. But as the 2016 race showed, the story in the battleground states can be quite different. Mr. Trump won these six states even while losing the national vote by two percentage points.

In this poll, Trump trails Biden by an average of two points, but that result is within the margin of error in the individual states. And we know how erroneous the polls were in November 2016. You can look at the current poll’s cross-tabs here.

Hate to pour cold water on Democrats, but Trump could lose the 2020 popular vote by upwards of ten million, and still win in the Electoral College.

This is reality – it will come down to six states. This is why people get so disengaged from presidential politics. Then, by not voting in election years, the Congress, state houses, and state assemblies stay with the Republicans.

Ten years from now, the demographics will be different. Consider Texas, where Latinos will outnumber non-Hispanic whites by 2022. OTOH, we have a census next year, and some states are deploying multimillion-dollar efforts to ensure their population gets counted correctly. But in the South, only three states have allocated state funding for census outreach, with just eight months to go.

It may take time, but much of the South will again come back into play. Maybe people won’t feel like they’re overlooked if presidential campaigns actually required the votes of people in most states in order to win.

Just six states. That should infuriate everyone. We remain at the mercy of the Electoral College.

But there’s more. Nate Cohn says in the Times article:

“Nearly two-thirds of the Trump voters who said they voted for Democratic congressional candidates in 2018 say that they’ll back the president against all three named opponents.”

The crossover by Republicans to vote for a Democrat in 2018 was a factor in taking back the House. So, losing two-thirds of them sounds terrible for Dems, until you realize that it means 1/3 of Trump’s 2016 voters in those states say they’ll stay with the Dems in 2020. And Trump’s margin in PA, MI, and WI was just 80,000 in 2016

We’re at a point where the Democratic field is narrowing. Four candidates have moved clear of the field, Biden, Warren, Sanders and Buttigieg. Biden and Buttigieg represent middle-of-the-road liberalism, while Warren and Sanders represent a more liberal, anti-corporate philosophy. Only Buttigieg is under 70, but that doesn’t matter if the opponent is over 70 himself. The rest of the field barely polls at 2%.

It’s likely that the Dem nominee will be one of these four, but it’s way too early to be concerned about how they perform vs. Trump’s relative strength in the battleground states he won in 2016.

It’s smart for Democrats to fight as though every poll has them way behind. And the figures on advertising dollars spent per campaign show that Trump is currently spending as much money as all the Democrats combined.

A year from now, we’ll be entering a different world. But since we can’t know the future, it could be either wonderful news, or more of the brain-melting hell in which we currently reside.

To make sure it’s a new world, we have to do everything we can to ensure that someone new is elected, someone who will oppose with every vote, every fiber of their being, the policies and hate spewed by Trump and his GOP fellow-travelers.

This means we have to work to turn them out not only from the presidency, but from every other elected office, from county commissioner to the House and Senate.

How?  There are a lot of ways, from donating money, to donating time at the local Party office; to writing letters to the editor, or making your voice heard through whatever means you can.

The How is important, but the Why is what should energize every one of us.

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Sunday Cartoon Blogging – November 3, 2019

(Sorry for going dark, but we lost internet here at the Mansion of Wrong for two days. It’s back, but since it is supplied by Spectrum, it’s very slow, despite Wrongo paying for a premium pile of megabits.)

The WaPo reports:

“Smuggling gangs in Mexico have repeatedly sawed through new sections of President Trump’s border wall in recent months by using commercially available power tools, opening gaps large enough for people and drug loads to pass through…”

Apparently, they’re using a battery-powered Sawzall, like this one that you can order from Home Depot:

It can cut through the bars of steel and concrete in a few minutes, if equipped with specialty blades made with diamond grit. The blades sell for less than $15. The Trump administration has so far completed 76 miles of the new barriers that are now being breached by Mexican smugglers. These are the sections of wall that Trump boasts are “virtually impenetrable”. He has called them the “Rolls-Royce” of walls that border-crossers cannot get over, under or through.

Who knew that for $100, and a few $15 blades, you could defeat the wall that will eventually cost us $10 billion?? On to cartoons.

Al-Baghdadi was killed. Trump said he died like a dog:

Republicans are now trying to smear a military hero to protect a draft dodger. Trump equates dogs with cowards, while an actual military dog served heroically, without claiming Paw Spurs.

Trump says he’s moving from NY to FL. New Yorkers cheer:

Dems are placing way too much faith in the process:

It is looking like the Boeing 737 MAX should never fly again:

Signs of the season won’t go away:

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Saturday Soother – October 12, 2019

The Daily Escape:

Crawford Notch, White Mountains NP, NH – October 2019 photo by mattmacphersonphoto

Wrongo wants to get away from US politics. Lately, it’s nearly impossible to judge what is real, and what’s not. A few things to consider:

First, regarding Turkey’s move into Syria: At the UN on Thursday, a resolution was offered in the Security Council condemning Turkey’s invasion of northern Syria. The resolution’s principal sponsor was the EU. But, the resolution was blocked by the US and Russia. Think about it: America just joined with Russia to veto a UN resolution that would have condemned the slaughter of the Kurds who helped the West defeat ISIS in Syria.

How often do you think that the US and Russia have been on the same side in UN vetoes?

Second, on Friday night, Trump went to Minneapolis to another of his campaign rallies. He spoke for 102 minutes. Among other things, he repeated a debunked right–wing blogger’s claim that Rep. Ilhan Omar married her brother to enter the US. Trump then widened his attack to target Somali refugees in Minnesota:

“As you know, for many years, leaders in Washington brought large numbers of refugees to your state from Somalia without considering the impact on schools and communities and taxpayers….You should be able to decide what is best for your own cities and for your own neighborhoods, and that’s what you have the right to do right now, and believe me, no other president would be doing that.”

In September, the Trump administration issued an executive order giving state and local governments more freedom to reject refugees.

Trump removed any doubt, that this is going to be the worst, most racist presidential campaign we’ve ever seen. Is America ready for this?

Trump went on to say that Joe Biden only got to be vice president because he knew how to “kiss Barack Obama’s ass.” Don’t you wonder if Mike Pence feels the heat from Biden? This causes Wrongo to ask the question: “What’s the difference between an ass-kisser and a brown noser?”

Answer: “Depth perception”.

Third, the Ukraine story has many more levels than we have imagined. We learned on Wednesday that two of Rudy Giuliani’s “associates” were arrested for funneling foreign money to Republican politicians. It seems that both had also been helping Giuliani investigate Joe Biden. Despite the Trump administration’s contention that the two “associates”had nothing to do with the White House, the WaPo reported: (brackets by Wrongo)

“John Dowd, a lawyer for [both men and former Trump lawyer] told Congress in a statement earlier this week that they had been assisting Giuliani in his work on behalf of the president. The two also claimed in interviews and social media posts to have attended an eight-person session with Trump in Washington in May 2018 to discuss the upcoming midterm elections.”

According to the indictment, they funneled money from an unnamed Russian businessman to various US political candidates.

Is everything we are hearing about Ukraine connected? Giuliani’s fingers seem to be all over the US/Ukraine relationship. Think Paul Manafort. We know that Rudy Giuliani was consulting with Manafort as he pursued his schemes. And Manafort’s lawyer Kevin Downing, who was coordinating with Rudy, represented the two “associates” in their court appearance yesterday.

It’s beginning to look like we’re headed for a Constitutional crisis.

Anyway, it’s the weekend, and we’ve got to rest and recuperate so that we can face whatever Trump has in store for us next week. It’s time for a Saturday Soother.

Let’s start by brewing up a mug of Sumatra single source coffee ($9.99/12 oz.) from Topsham, Maine’s coffee roaster Wicked Joe. The roaster says its full bodied and earthy, with notes of dense chocolate and spices.

Now, settle into a comfy chair and listen to “A Small Measure Of Peace” from the soundtrack from the 2003 film, The Last Samurai, composed by Hans Zimmer:

The film closes with: “As for the American Captain, no one knows what became of him. Some say that he died of his wounds. Others that he returned to his own country. But I like to think he may have at last found some small measure of peace, that we all seek, and few of us ever find… “

A small measure of peace is Wrongo’s wish for all of us.

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

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Sunday Cartoon Blogging – September 29, 2019

Demo Memo reports that the average worker works 4.77 days a week. But 19% of workers usually work on Saturday, while just 12% work on Sunday, according to the BLS American Time Use Survey. The vast majority, 68% of workers, work Monday through Friday.

Workers without a high school diploma are most likely to work weekends: 31% usually work Saturdays and 17% on Sundays. Those in service occupations are much more likely to work weekends: 39% usually work Saturdays and 28% Sundays.

And here’s Wrongo doing a little service work on the weekend! This week, the cartoonists were understandably focused on impeachment.

Dems really, really want to believe they’ve got him this time:

The GOP will say they’ve found absolute proof even if there’s nothing:

Fall, when the Congressperson’s thoughts turn to impeachment:

Some see only what they are told to see:

Don’t be surprised if it comes down to this:

Maybe we could advance the climate discussion if the message was clearer:

 

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Partisan Gerrymandering Overturned in North Carolina

Daily Escape:

Colchuk Lake in the Enchantments, part of the Cascade Mountains, WA – August 2019 photo by atgctgtt

This summer, the Supreme Court decided 5-4 in the case Rucho v. Common Cause that federal courts could not invalidate maps based on partisan gerrymandering, although states might still do so.

At the time, Wrongo snarked about the decision:

“Wrongo’s shorter John Roberts: The federal government can’t do anything about your state stripping you of representation. You have to go back to the people who stripped you of representation and ask them.”

Despite Wrongo’s skepticism, on Tuesday, the North Carolina (NC) state Supreme Court put an end to eight years of Republican partisan gerrymandering when it ruled against NC Republicans who had installed it in 2011. From the Daily Kos (DK):

“On Tuesday, a three-judge panel delivered a major blow against Republican gerrymandering when it struck down North Carolina’s state Senate and state House districts for violating the rights of Democratic voters.”

More:

“The state court ruled that these maps, designed to entrench Republican rule, ran afoul of the state constitution’s guarantee of free and fair elections. These illegal districts were so extreme that they helped Republicans to maintain their legislative majorities in 2018’s elections even though Democratic candidates won more votes statewide. If fairer districts are implemented for 2020, they could put Democrats in striking distance of a majority in one or both chambers.”

NC’s current state-district maps had to be redrawn again in 2017, after the US Supreme Court affirmed a lower court’s ruling that they constituted an unconstitutional racial gerrymander.

Now, NC’s voters will be voting in new state election districts for the third time since 2011.

This decision is similar to one in PA in 2018, where a state court ruled that PA’s congressional map was unconstitutionally gerrymandered. It also relied on the PA state constitution, so its decision was not reviewable by the US Supreme Court.

When SCOTUS decided not to rule on the constitutionality of partisan gerrymandering, it said quite clearly that state courts could rule on the question based on the individual state constitutions. NC now joins PA as states in which this strategy has succeeded.

The NC and PA decisions are reminders that we can challenge bad laws under state constitutions. States are free to recognize more rights than those enumerated in the US Constitution, they just can’t recognize fewer rights. This is the sort of “federalism” that conservatives hope you never learn about.

More from DK:

“While this case only concerns the maps in one state, every state constitution has provisions similar to North Carolina’s that could be used to challenge partisan gerrymanders so long as there’s a receptive and fair-minded state Supreme Court majority to hear such a case. This ruling therefore underscores the importance of Supreme Court elections in key swing states next year, including Michigan, Ohio, and Wisconsin. Progressive victories in these races would go a long way toward blocking the GOP’s lopsided control over redistricting as we head into the next round of redistricting following the 2020 census.”

The NC court decision was 345 pages long. The opinion really makes it clear how there’s just no possible defense for what the GOP was doing in NC. In addition, the opinion might as well have had “John Roberts is an embarrassing hack” stamped on every page.

This doesn’t mean that Democrats can relax between here and 2020. Michigan, North Carolina, Ohio, Texas, and Wisconsin are states where 2020 state Supreme Court elections could either give Democrats a majority, or set them up to gain one in subsequent elections. That will be crucial in the next decade, since the Census will also take place in 2020. There will be new voters to count, or to disenfranchise, depending on your Party’s ideology.

This war must be won in the trenches, not by the national candidates.  Wisconsin gave us a bad example in April. Although Democrats in Wisconsin won the popular vote in 2018, they didn’t work hard enough to get their state Supreme Court nominee over the finish line in 2019, despite having a progressive plurality.

Democrats have to realize that they won’t win if they think only certain elections are important enough to get out and vote.

These battles are local, not national, and now that the US Supreme Court will be sitting on its hands for a decade or more, these are fights we must win.

Democrats can’t afford not to contest local judicial elections.

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Saturday Soother – August 24, 2019

The Daily Escape:

Ground Swell – 1939 painting by Edward Hopper

In news you most assuredly haven’t seen, the 10th District US Circuit Court of Appeals in Denver ruled that “Faithless Electors”, people who do not cast their votes in the Electoral College for the winner of their state’s presidential election, are now free to vote for anyone they want.

This Colorado case came about because in 2016, one elector refused to vote for the state’s winner, Hillary Clinton, and instead, voted for John Kasich. The Colorado Secretary of State ordered him to cast his vote for Clinton, or be replaced. He refused and was subsequently replaced with an elector who voted for Clinton.

The faithless elector sued, and the 10th Circuit decided in his favor, saying that the Constitution provides:

“…Presidential electors the right to cast a vote for president and vice president with discretion. And the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right.”

The court traced the history of faithless electors back to 1796, when Samuel Miles voted for Thomas Jefferson instead of John Adams. Congress counted his vote. In the 2016 election, there were 13 anomalous votes from three states, and Congress also counted those votes.

This decision could have major ramifications for future presidential elections. The attorney for the faithless elector, Jason Wesoky, said the Court’s ruling essentially makes the laws requiring electors to vote for the state’s winner unenforceable. That impacts 16 states today.

It is even more significant, since a growing number of states are rethinking their Electoral College systems in response to the 2016 election. The 16 states that have passed laws that award all of their electoral votes to the winner of the national popular vote, currently equal 196 electoral votes.

If states representing another 74 electoral votes pass it, the so-called National Popular Vote bill will control the majority of votes in the Electoral College. The bill has passed at least one chamber in 8 additional states with 75 additional electoral votes.

This Appeals Court’s decision means that yet another crucial issue to  the future of our democracy will be in the hands of the Supreme Court, once the appeal gets to them.

Enough of news you won’t ever use, it’s time for your Saturday Soother!

Start by brewing up a mug of Honduras Marcala coffee ($19/12oz.) from Santa Barbara’s Handlebar Coffee Roasters. The founders are professional cyclists who met while riding in the Amgen Tour of California, America’s best bike race.

Now, settle back and listen to something very different, a guitar band from Mali called Tinariwen. They are Tuareg musicians from northern Mali. They play rolling melodic lines and loping rhythms that evoke the desert sands of the Sahara. The band’s name literally means “deserts” in their language, Tamasheq. Here they are playing “Kel Tinawen” from their upcoming album “Amadjar”, available on September 6th:

The video is of a road trip along Africa’s Atlantic coast as the band and crew cross the Western Sahara. They will be touring the US in September. For an early date in Winston-Salem, NC, some locals on social media are leveling violent, racist attacks against the musicians. Welcome to America!

Here is a translation of the lyrics:

Evil tongues – you can keep talking.

The uprising will be impossible to suppress.

The treachery of your evil words has sold out your brothers for your own interests.

You’ve locked them up in a prison, every last one of them.

You fine talkers, tell us what road you plan to take to avoid us if we remain rooted.

You’ve forgotten the suffering of our parents,

The suffering they have experienced since birth,

Unable to find water, unless they dig wells with their own hands.

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

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