The Criminal Referrals

The Daily Escape:

Gateway Crossing Bridge, Houlton, ME – December 2022 photo by Christopher Mills Photography

The Jan. 6 Select Committee has completed its job. On Monday it approved a criminal referral for Trump, a former President, and a current Presidential candidate, on a series of charges that include insurrection and conspiring to defraud the US. Marcy Wheeler summarizes the findings of the Committee perfectly:

“Trump corruptly tried to prevent Congress to certify the electoral victory of Trump’s opponent. He did so by committing other crimes. He did so by mobilizing a violent mob. He did so using fraudulent documents. And most importantly, he did so for personal benefit.”

The Committee will publish their final report next week. They will turn over the unredacted interview material to the Department of Justice (DOJ) and its Special Counsel, Jack Smith. According to Punchbowl, the Committee has already begun cooperating with Smith, who apparently sent the Committee a letter on Dec. 5 requesting all of the panel’s materials from the 18-month probe.

Sadly, it seems that their report ignores the policing failures that occurred both before and on Jan. 6.  One of the objectives of the Select Committee was to make recommendations about how the US Capitol could avoid a similar attack in the future. But it doesn’t seem that subject has been properly addressed.

While Wrongo believes that the investigation into Jan. 6 was critical and that it may eventually result in the DOJ indicting Trump at some point, conspiracy is a very high bar to prove against a common thief, much less against a former president who is used to communicating like a mob boss.

As Dan Pfeiffer says:

“…we will all wake up and go about our business. Donald Trump will continue to be the frontrunner for the GOP nomination and a legitimate contender to be the next President of the United States. The vast majority of Republicans will continue to stand with Trump — and most will do so enthusiastically.”

Before issuing any indictment, DOJ  prosecutors must decide if there is a case to be made that includes sufficient evidence to convict the former President beyond a reasonable doubt.

And it could take the DOJ a year or more to get a grand jury to indict Trump. While the DOJ has had grand juries up and running and considering evidence about Jan. 6 for a very long time, building such a complex case may take long enough that by the time they’re ready to bring a case, it will be near the time of the GOP primaries.

The Mar-a-Lago secret documents case is an easier one to make. We know that an FBI search of the former President’s Mar-a-Lago home in Florida found more than 300 classified documents.

Trump’s removal of official government records from an office of the US is one possible charge. A second separately chargeable offense is theft of government records. Those two crimes carry maximum three-year and 10-year sentences respectively.

Then there’s the Espionage Act, which also carries a sentence of 10 years in prison. We know that before January 20, 2021, the Acting Archivist of the US asked for those records to be returned, and Trump’s White House Counsel Pat Cipollone agreed that Trump needed to return them before his term ended.

After Trump left DC with the documents, a grand jury subpoena demanded that all of them be returned to a courthouse located in Washington, DC.

These three crimes are relatively straightforward to prove. Garland and his team might decide that charging them alone suffices, without adding a fourth offense of obstructing a pending federal criminal investigation, into improperly taking and retaining the stolen documents.

Obstruction carries a 20-year maximum sentence — double the penalty for violating the Espionage Act. That shows how seriously that charge is considered under the law.

We know that Trump and his attorneys stonewalled the government for more than a year, refusing to return the 13 boxes of classified documents that the FBI’s August 8, 2022 search recovered. Most of this year has been an effort by Trump to delay the FBI and the DOJ from inventorying all of the classified documents that Trump took to Florida.

The DOJ has a strong case against Trump on the charges described above. They are easier to prove, and existing laws are very clear what the penalties are when it comes to the theft of classified documents. And there’s plenty of legal precedent for putting people who steal US government secrets in jail for a long time. If we want Trump taken off the battlefield before 2024, the theft of classified documents case is the best shot.

Let’s close with “Christmas Must Be Tonight“, a 1975 tune written by Robbie Robertson. It was released on the Band’s 1977 album “Islands”. This version is from that album. The tune appeared in the movie “Scrooged” in 1988. There is Rick Danko’s singing along with Robbie Robertson’s lyrics. It doesn’t get any better than this:

Chorus:

How a little baby boy bring the people so much joy
Son of a carpenter, Mary carried the light
This must be Christmas, must be tonight

Facebooklinkedinrss

What Should Happen When A Candidate Lies On Their Resumé?

The Daily Escape:

Christmas Tree, Cape Porpoise Harbor, Cape Porpoise, ME – December 2022 photo by Eric Storm Photography

Wrongo doesn’t like to write “Dems in Disarray” articles, but here goes. Monday’s NYT had a long article about a Republican Congressman-elect from Queens and Nassau County in NY. George Santos won and is set to be sworn in on Jan. 2. He ran as the “embodiment of the American dream”, something he wanted to safeguard for the rest of us. Turns out his back story is extremely difficult to confirm.

From the NYT:

“His campaign biography amplified his storybook journey: He is the son of Brazilian immigrants, and the first openly gay Republican to win a House seat as a non-incumbent. By his account, he catapulted himself from a New York City public college to become a “seasoned Wall Street financier and investor” with a family-owned real estate portfolio of 13 properties and an animal rescue charity that saved more than 2,500 dogs and cats.”

Ok, here’s the issue:

“….a New York Times review of public documents and court filings from the US and Brazil, as well as various attempts to verify claims that Mr. Santos, 34, made on the campaign trail, calls into question key parts of the rĂ©sumĂ© that he sold to voters…..Citigroup and Goldman Sachs, the…Wall Street firms on Mr. Santos’s campaign biography, told The Times they had no record of his ever working there. Officials at Baruch College, which Mr. Santos has said he graduated from in 2010, could find no record of anyone matching his name and date of birth graduating that year.

Grab your popcorn. More:

“There was also little evidence that his animal rescue group, Friends of Pets United, was, as Mr. Santos claimed, a tax-exempt organization: The Internal Revenue Service could locate no record of a registered charity with that name.”

Maybe Santos can explain. His financial disclosure forms say he has money.  He lent his campaign more than $700,000 during the midterm election, has donated thousands of dollars to other candidates in the last two years and reported a $750,000 salary and over $1 million in dividends from his company, the Devolder Organization. But several times, he was evicted for failure to pay rent:

“In November 2015, a landlord in the Whitestone neighborhood of Queens filed an eviction suit in housing court accusing Mr. Santos of owing $2,250 in unpaid rent. In May 2017, Mr. Santos faced another eviction case, from a rent-stabilized apartment in Sunnyside, Queens. Mr. Santos’s landlord accused him of owing more than $10,000 in rent stretching over five months and said in court records that one of his tenant’s checks had bounced. A warrant of eviction was issued, and Mr. Santos was fined $12,208 in a civil judgment.”

He sure sounds legit. How does someone who was evicted for non-payment of a total of about $14,500 in rent wind up in a position where he can loan $700k to his campaign? What caused his sudden change of fortune?

But Democrats, why are we only learning about this after the election? Why wasn’t this seriously negative information available before/during the election? Democrats do opposition research, even in a state like NY where they expect to win most seats.

And it gets worse. Santos ran and lost in the same district in 2020. So the Democrat’s state political higher ups had YEARS to do opposition research on Santos, but they didn’t. The Chair of the NY state Democratic Committee is Jay Jacobs, who is also Nassau County Democratic Chairman. Under his leadership, the Democrats lost four Congressional seats in November.

Within days after the election, dozens of Democratic officials from across the state signed a letter calling for Jacobs to be replaced. They accused him of sleepwalking into the midterms. Was Jacobs asleep at the wheel? Jacobs blames low voter turnout, but it’s his responsibility to get Democrats to the polls, to motivate voters to show up. And to check out the backstories of the opposition.

BTW, the NYT reached out to Santos for comment:

“We could not locate the congressman-elect and a person living at his stated address had no knowledge of his existence.”

The federal government has a False Statements Act for material omissions or misrepresentations on personal financial disclosures. It carries a maximum penalty of $250,000 and five years in prison. We’ll see. The House also has internal procedures for investigating ethics violations, but because Republicans who will control the House with Santos’ help, have no bottom for the ethical lapses they’ll accept, NY is now probably stuck with this guy.

Let’s close with another version of the Mariah Carey hit “All I Want for Christmas is You”  this time performed in 2021 by the Welsh of the West End, a group of UK theater performers:

Facebooklinkedinrss

The Media’s Obsession With Inflation

The Daily Escape:

Dixie National Forest, UT – October 2022 photo by Garrett Cottam

As the countdown to the midterms rolls on, the mainstream media are obsessed with two things: The latest polls and inflation. Let’s start with inflation. From the Editorial Board of The WaPo:

“Congress and Biden have to help the Fed fight inflation“

They’ve made inflation a bogeyman, and they’re saying this two weeks before the midterms. Moreover, they can’t write the word “inflation” without putting “Biden” or “Democrats” in the sentence. They’re implying that both are failing in America’s inflation fight. The WaPo and the rest pair the i-word with adjectives designed to scare us: “runaway,” “record-breaking,” or “crippling.”

In their editorial, the WaPo Board admits that the Biden administration has done a reasonable job on the economy, that they’ve played a bad hand fairly well. And that they can’t be faulted for the current spasm of inflation. They note that Republicans are “not offering much in the way of a concrete anti-inflation plan” — that’s an understatement, since they’re not offering anything at all.

Still, the WaPo is calling on Biden to use fiscal policy to “help the Fed.” Coherent fiscal policy will take more than the next two weeks to put in place. Let’s review the difference between monetary and fiscal policy.

Monetary policy is about the actions the Federal Reserve can take. The Fed can tinker with the money supply, or they can raise or lower interest rates. This allows the economy to adjust to changing conditions, like inflation. It is necessary, but not sufficient since adjustments to interest rates are hard to control. Even minor rate adjustments can sometimes have major consequences.

Raising rates too quickly or too high might slow inflation but also trigger a recession where many jobs are lost.

Fiscal policy is what the Congress can do. It’s using legislative action to heat up or cool down the economy. When there’s a slump, Congress can approve new public spending, like infrastructure, to inject money into the hands of businesses and consumers. When there’s a deficit, new tax legislation can dampen the effects of overspending.

The trouble with fiscal policy is that it presupposes a willingness by Congress to legislate. But today’s partisanship prevents any discussion of fiscal policy. The WaPo article makes a case for Congress engaging in fiscal policy legislation:

“Until inflation is defeated, fiscal policy should push in the same direction as the Fed, with no new major spending that isn’t fully or mostly paid for with higher taxes or reduced spending elsewhere in the budget.”

Get Wrongo whatever the WaPo is having! Higher taxes? What are they smoking?

Inflation isn’t the only story. It’s just the only story Republicans want to tell. They’re telling it dishonestly, and the mainstream media are helping them tell it. If democracy happens to die, sorry, that’s just collateral damage.

Let’s turn to reporting on the latest opinion polls. It’s tough to take the breathless polling coverage by the TV anchors. There’s still plenty of evidence to support either Party exceeding expectations in the upcoming midterms. But what has Wrongo worried is the general trend in reporting on the polling. Some polls are showing late movement, in large chunks, away from the Democrats. One such poll is by the WSJ:

“White suburban women, a key group of midterm voters, have significantly shifted their support from Democrats to Republicans in the closing days of midterm campaigning because of rising concerns over the economy and inflation…”

The WSJ found that they favor Republicans in Congressional races by 15 percentage points.

OTOH, that poll was of only 297 white women. And since it’s from the WSJ, it might be biased against the Dems. Nonetheless the PBS Newshour reported about it without mentioning how small the sample size was.

Polls that focus on likely voters seem to be consistently looking better for Republicans than the polls focused on registered voters. Likely voters are a proxy for voter enthusiasm, or which Party’s faithful are more likely to vote.

Also troubling, issue polling consistently shows that inflation is the biggest issue driving Party preference. More than abortion, democracy, or any other factor particularly among independents.

While control of both Houses of Congress might change next Tuesday, the recent polling seems so one-sided that it looks wrong to Wrongo. The meme that “just about everything is breaking in Republicans’ favor” doesn’t seem in context with what’s happening.

Regardless, most of the crucial Senate races look very tight, which means we could be seeing some late calls, some recounts and maybe a week or so before we know the final outcome.

As national issues go, inflation isn’t on a par with the deliberate demolition of democratic institutions, or the trashing of women’s reproductive rights, or the growing violence against politicians.

And yet, the so-called credible mainstream journalists feign an urgency about inflation, just to keep us all glued to their reporting on the political horse race.

Facebooklinkedinrss

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 OrbĂĄn 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.

Facebooklinkedinrss

Why Democrats Haven’t Closed the Midterm Gap

The Daily Escape:

Sunrise, Duxbury, MA – September 2022 photo by Juergen Roth Photography

Fall is here and the midterms are 41 days away. And CBS reports that the Republicans have a lead, but it’s still shrinking. CBS’s analysts still have the GOP picking up the House, but it is still within reach:

“While they’re still in a very good position to capture a House majority, that majority looks narrower today than it ever has, having ticked down for the second straight month to 223 seats in our model estimate. Republicans were at 226 in August and 230 in July.”

CBS says that voters think the stakes are high, and for many it’s more than the pocketbook issues of gas prices and inflation. BTW, Wrongo paid $2.95/gal on Monday. Here’s a chart from CBS:

Voters believe by two to one that a Republican Congress would lead to women getting fewer rights and freedoms than they have now.

Other polls talk about whether people view the Parties’ candidates favorably or unfavorably, the WaPo reviewed more than 20 polls across the swing states including Arizona, Georgia, Michigan, New Hampshire, Pennsylvania, and Wisconsin. And in most cases, the Trump-aligned candidates have huge unfavorability deficits, but these popularity gaps are mostly larger than the expected voting margins in the actual head-to-head contests.

Let’s go back to the CBS poll for the reason why the Democrats are still trailing:

Despite having their voters’ enthusiasm grow, Democrats are still less likely than Republicans to say they’ll definitely vote. They haven’t closed that gap.

That makes the campaign right now about the Dems defining what the contest is about for their own voters and for independents. Once Dems get beyond the voters most concerned with abortion, they still have work to do making this midterm election look like other midterms where they’ve won.

The WaPo’s Aaron Blake tells us that the difference is that Republican and right-leaning swing voters see an obnoxious Republican and think: He may be a jerk, but he’s our jerk.

Democrats don’t do that. They fight among themselves about the virtue of their candidates.

Republicans have much more party loyalty than Democrats. Steve M. at No More Mister Nice Blog says it’s not hard to see why:

“Their favorite media sources have engaged in pure cheerleading for their party (and relentless demonization of the other party) for decades. The rest of the media is described as “liberal,” but it’s always ready to shiv a Democrat.”

He asks:

“Was there a single positive news story published about Joe Biden between the fall of Afghanistan and the passage of the Inflation Reduction Act?”

So it’s not surprising that these Republican jerks can be competitive.

Republicans are pretty much all on the same page now. They are a minority Party at the national level and that requires them to rely on Party unity to regain power.

Wrongo doesn’t know what to tell you. Everyone needs to communicate that if the Republican Party takes control of both Houses of Congress they will:

  • Work to make voting more difficult or meaningless. They just voted against disclosing dark money in our elections, thereby reinforcing the damage done by Citizens United.
  • Try to have their Republican legislatures decide who won an election by nullifying the power of state supreme courts to check rogue legislatures.
  • Work to weaken Social Security and Medicaid.
  • Try to pass a national abortion ban. And if that’s not enough, they are leaning towards a ban on contraception.
  • Try to end the right to same sex marriage.
  • Work to make America a one-religion state.

None of the above is an exaggeration. Republicans are pushing all of these terrible things right now.

Beyond that, here’s something to remind your friends who still aren’t sure how they’ll vote: Republicans historically don’t care about the issues they keep going on about on cable news, or in their incessant negative election ads. And they won’t do anything to address them if they win.

They have no real governing agenda.  And there’s only one way to stop them.

Get out the vote.

Facebooklinkedinrss

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.

Facebooklinkedinrss

The Mid-Terms Landscape

The Daily Escape:

Sunrise, Grand Teton NP, MT – June 2022 photo by Charyn

On Monday, Robert Hubbell had a very useful column about how some of the anti-Trump narratives are already baked into the politics of the mid-terms (barring some huge unforeseen event): (emphasis by Wrongo)

“…it is likely that the political throughlines are set for the midterms. That is both good and bad for America and Democrats. The topics for debate have been identified and the rules of engagement have been set….Let the media do its job, which, in this instance, will consist of talking about the same half-dozen stories non-stop.”

Hubbell outlines that the narratives that will dominate the news from now until November 8 are unlikely to produce political earthquakes:

“It is unlikely that the DOJ will indict anyone in Trump’s inner circle (including Trump) before the midterms. For example, in a filing last week, the DOJ said its investigation regarding the improper removal and retention of defense secrets was in the “early stages.” Nearly every Trump administration witness appearing before a federal grand jury was examined by the J6 Committee six to eight months ago. And the only grand jury subpoenas published in the press indicate that the investigations were opened in 2022 and that the subpoenas were issued in June.”

Wrongo agrees. This is also true for the Georgia grand jury investigation into Trump’s efforts to overturn Biden’s 2020 win in Georgia. Few realize the grand jury that Fulton County District Attorney Fani Willis is presenting evidence to cannot indict anyone. According to the Georgia Recorder: (emphasis and brackets by Wrongo)

“In contrast to a typical grand jury, the 23 members on the special grand jury do not have the power to indict anyone but can [only] make recommendations to Fulton County District Attorney Fani Willis.”

So, when DA Willis has sufficient evidence to indict, she must then impanel a new grand jury, present evidence, and ask for an indictment. Not likely to happen before November.

While the FBI search of Mar-a-Lago (MAL) has Trump on every front page, the DOJ says its investigation regarding the Mar-a-Lago search is in the “early stages.” The way America’s legal back and forth works, it is doubtful that we will see any facts contained in the affidavit the FBI used to justify the application for the search warrant before November.

Trump made a court filing requesting a Special Master (instead of the DOJ) review the documents removed from MAL. However Trump’s new request is decided, it’s likely to be appealed to the Eleventh Circuit, if not the Supreme Court, which will take time. That means we can expect Trump and the GOP to continue undermining the DOJ and FBI right through the mid-terms.

And there will be few new facts to indict Trump in the court of public opinion.

It’s likely we will see a steady drip of information about the recovered documents, just like Tuesday’s NYT article saying that, including the FBI seizure, Trump took more than 300 classified documents when he left office. That seems to say it couldn’t have been an oversight.

Finally, the January 6th Committee returns to work in September, but as of today, there are no hearings scheduled. Mike Pence will never testify. Since he still has presidential ambitions, testifying would put him on the wrong side of Trump supporters, making a run in 2024 problematic.

While the January 6th hearings have moved the needle on US public opinion, it’s difficult to what they will add to what we know in the time remaining for this 117th Congress.

Of course, running against Trump is the Dem’s dream, but there are other issues out there, like abortion. In the new NBC News poll, abortion rights was only the seventh most important issue:

But it’s only one poll, and voter enthusiasm and turnout win races. The Morning Consult has the Democrats’ enthusiasm at 62%, up dramatically from 52% on July 31. That’s comparable to the GOP’s 65%.

Dan Pfeiffer believes the political environment has shifted in Democrats’ favor because of the abortion issue:

“Democratic efforts to turn this midterm from a progress report on Democratic governance into a referendum on GOP extremism failed to connect until the Dobbs decision. That was when Republican extremism went from an abstract argument to lived reality.”

Dems need to remind voters that unemployment is at record lows, that its Democrats who fight for economic progress, and to preserve women’s right to an abortion. Democrats can’t keep people from worrying about inflation, but they can influence whether it is the top issue to voters. They can keep the heat on Republicans for their extremist views on abortion and on Trump’s extremism and his role in the Jan. 6 insurrection.

The hope is that these realities overtake concern about inflation as the main issue for a big swath of Independent voters.

That could be the difference.

Facebooklinkedinrss

Thoughts On The Select Committee Hearings

The Daily Escape:

Sunset, Scripps Pier, La Jolla, CA – June 2022 photo by Paul Folk

Wrongo and Ms. Right watched all of the J6 Committee’s Public Hearing on Monday, and the final few minutes of the first hearing last Thursday.

These aren’t hearings so much as they are public presentations of the Committee’s investigation to date.

And for that we should be thankful, since there are no long opening statements designed to fluff up a Congress critter’s Twitter account. These “hearings” are designed to reach Americans who no longer watch network news, read newspapers, or otherwise spend more than a few moments to learn about what is going on politically.

We’re seeing a fast-paced and compelling prosecutorial case being made, almost exclusively by Republicans, many of whom were close to Trump’s White House. But, as Tom Sullivan points out: (emphasis by Wrongo)

“As refreshing as it is to see Democrats assembling a public accounting of the events surrounding the Jan. 6 insurrection, an accounting is not the same as holding people accountable.”

We’ve seen sworn statements by senior Trump associates who back in 2020, were in a position to have blown the whistle on the coup plot. Now, they’re attempting to wash their hands of responsibility for the Big Lie. They’re finally willing to speak under oath, in order to launder their reputations. For example, Bill Barr’s hand-washing is rich. Don’t forget that for months he carried Trump’s water by peddling the lie that mail-in balloting was rife with corruption.

Two thoughts:

First, the Select Committee may be the public face, but the DOJ has the final word on whether what we’re seeing is high-level criminality by Trump or his White House enablers. What the House Select Committee CAN do is to create a political environment where it’s possible for the DOJ to indict, prosecute, and win convictions against Trump and his key allies.

And even if the DOJ accomplishes all of that, it won’t wipe away the fact that a significant minority of US voters are just fine with an authoritarian dictatorship, as long as it’s the dictator who they believe will act against their political and cultural enemies. An analysis by WaPo reveals just how pervasive Trump’s Big Lie has become within the GOP: More than 100 GOP primary winners back Trump’s stolen election claim.

Second, Democrats seem to think that they will turn back the tide of Trumpian fascism simply by exposing the truth. The NYT’s Jamelle Bouie calls out the Dem’s leadership gerontocracy that seemingly are no longer able to meet this moment. Bouie argues that they don’t even see the moment:

“What’s missing from party leaders, an absence that is endlessly frustrating to younger liberals, is any sense of urgency and crisis — any sense that our system is on the brink. Despite mounting threats to the right to vote, the right to an abortion and the ability of the federal government to act proactively in the public interest, senior Democrats continue to act as if American politics is back to business as usual.”

Most of the senior Democratic leadership are, like Wrongo, members of the Silent Generation. Most of them are financially secure. They all have the same corporate relationships as do the Republicans. Most will die before they have to face the consequences of their feeble opposition to Republican extremism.

It’s been clear at least since Obama’s second term that the Dem’s leadership has lost the will to stand up and/or fight. And after years of Americans facing one crisis after another with little progress, they need to be replaced by younger leaders with stiffer spines, with a passion for social justice and democracy.

From Martin Longman:

“One reason this is important is because there’s no guarantee that the Establishment will prove more popular at the ballot box than fascism.”

These Democratic Party elders came into national politics in a time of bipartisan consensus and centrist policymaking, a time when the Parties were less ideological and more geographically varied.

American politics since then has returned to what was an earlier state of division, partisanship, and fierce electoral competition. The authoritarianism on display in the Republican Party has antecedents in the behavior of Southern political elites in the 19th century. It has been a part of the GOP since the New Deal.

Millions of Democrats see that American politics has changed in profound ways since the 1990s. They want their leaders to act, (and react) decisively to the gridlock and growing lack of social cohesion, and how both threaten our country.

In a democracy, the voters get what they ask for. If they want candidates who will take away their freedom to choose their leaders, then it will be up to courts to try to save democracy. But we shouldn’t let it get to that.

We must prosecute people who have attempted insurrection and/or sedition. That includes the Trump administration’s crimes against the US government and the Constitution.

This is our only available remedy, and even if it it’s pursued, it may not be enough.

Facebooklinkedinrss

Monday Wake Up Call – June 6, 2022

The Daily Escape:

St. John’s Bridge, Columbia River, OR – June 2022 photo by David Leahy

In The American Prospect, Alexander Sammon asks a really big question: Why Are Police So Bad at Their Jobs? Sammon points out:

“Cops nationwide can’t stop crimes from happening or solve them once they’ve occurred.”

According to data published by the FBI, the rates at which police forces are solving crimes are at historic lows. In the case of murders and violent crime, clearance rates have dipped to just 50%, a startling decline from the 1980s, when police cleared 70% of all homicides.

We know that murders have increased since 2019, and violent crime (broadly defined), has also inched up over the same period. OTOH, property crimes are down, contrary to what Republicans and their Party’s news outlets would have you believe when they obsessively show videos of LA, San Francisco, and Portland.

And all crime, including the murder rate, remain well below 1990 levels. Sammon points out that crime today is much more distributed geographically than before. It used to be that Los Angeles and New York accounted for 13.5% of all murders nationally; now it’s only 4%.

While crime clearance rates have dropped to all-time lows, police budgets have reached all-time highs. In the business world, we would say that the marginal dollar of investment is producing a negative return compared to the forecast. In the business world, that gets you fired. Sammon quotes University of Utah law professor Shima Baradaran Baughman:

“Increases in police officers or police budgets have not been shown to reduce crime or make us safer.”

And clearance rates can be easily manipulated. They are not a proxy for crimes that have been solved since they equate to arrests. More from Baughman:

“All they tell us is whether there has been an arrest made in a case…not whether that person is actually ….eventually convicted of the crime…”

He says that convictions are a better measure of whether a crime was actually cleared, and those numbers are substantially lower than the already abysmal national clearance rates.

The Guardian points out that proponents of increasing police budgets argue that more law enforcement is the solution to more violence. But Samuel Sinyangwe, a policy analyst who founded Mapping Police Violence and Police Scorecard, notes that:

“…fewer than 5% of arrests nationally are for serious violent crimes. And research has shown that when police forces expand, there are more arrests for low-level offenses…”

Since the 2020 Black Lives Matter demonstrations call for police budgets to be defunded, not a single major American city has slashed its police funding. In fact almost all of them have increased spending on their police forces. Biden released a budget proposal for an additional $30 billion in law enforcement and crime prevention efforts, including funding to put “more police officers on the beat”.

America needs to answer the question of why police departments haven’t been able to convert increasing budgets into more effective crime-solving.

Meanwhile, the Uvalde murders underscore police forces’ inability to prevent crime from happening and/or stop them in progress. We’ve been slow to get the real story from the local police, but it’s clear that the police response to the shooting in progress was shameful.

While record police budgets aren’t keeping crime from happening, there’s some evidence that more resources in investigative work might improve clearance rates. But today’s police budgets prioritize presence on the streets instead.

The problem is that police reform is really hard. There are what appear to be intractable cultural issues within departments. The police unions need to be brought to heel. More accountability is a necessity. And their relationships with the community are terrible. If you suggest that your town or city shift some law enforcement resources to support the social work aspects of the job (thereby freeing cops to focus on actual law enforcement), you will be accused of wanting to “defund the police”, and the idea will die.

Time to wake up America! Both Democrats and Republicans want police budgets to grow. But neither have any answers as to how incremental dollars will help make the police more effective at their jobs! Progressives have been scapegoated by Republicans for their anti-police funding attitudes, but they’re the only political group saying we shouldn’t continue throwing more good money at a failed solution.

It’s a fact that our police departments aren’t solving crimes, despite devoting larger and larger sums to them. And heavily policed communities have good reason to continue to mistrust police involvement, thereby also depressing case closure rates. Failing to solve crimes only adds to that; why would marginalized communities respect a police force that doesn’t do its job particularly well?

To help you wake up, watch and listen to Rob Hustle’s 2021 rap, “Call the Cops”. It’s a lyric video:

Facebooklinkedinrss

Jan. 6 Committee To Hold Public Hearings

The Daily Escape:

Sunset, Seal Rock, OR – May 2022 photo by Mitch Schreiber

The House Select Committee investigating the Jan. 6 attack on the Capitol will hold six public hearings starting on June 9 and running for two weeks. TPM reports that some sessions will be aired during prime time, and others during the day. The televised hearings aim to give us a more complete story of what happened the day of the Capitol riot and what led up to it. They should dominate the national conversation right up to November’s midterm elections.

Six hearings. The Senate Watergate committee held 51 public hearings, over six months. And they began hearings within a year of the June 1972 arrests for the Watergate burglary. The Senate created the committee in February of that year; the hearings began in May. President Nixon resigned on Aug. 8, 1974.

Are these hearings similar to Watergate? Margret Sullivan in the WaPo doesn’t think so:

“The nation that came together to force a corrupt president from office and send many of his co-conspirator aides to prison is a nation that no longer exists.”

She goes on to say that the Select Committee’s June hearings won’t be all that visible:

“I’m willing to believe that the hearings will be dramatic. They might even change some people’s minds. But the amount of public attention they get will be minuscule compared with what happened when the folksy Sen. Sam Ervin (D-NC) presided over the Senate Watergate Committee.”

Martin Longman compares today with Watergate: (brackets by Wrongo)

“…more than two years elapsed between the discovery of the [Watergate] break-in and Nixon’s fall from grace. It has now been almost a year and a half since the failed coup attempt of January 6, 2021. We’re a bit behind schedule because the televised Watergate hearings began a mere 11 months after the initial arrests were made.”

Another difference was that in 1972, people went to the polls less than five months after the Watergate burglary was discovered. And Nixon was reelected in a landslide over George McGovern. This time around, it’s 18 months after the Jan. 6 event, and we still haven’t had national elections.

When people went back to the polls in November 1974 after Nixon had been run out of office, the Democrats netted four US Senate seats and 49 seats in the House. This time around, before they vote, people should have a very clear idea of what led up to Jan. 6, as well as what happened on the fateful day.

We need to remember that Watergate showed us that evidence of criminality wasn’t enough to turn the public decisively against a presidential contender. The criminality must be proven and demonstrated in a high-profile way in order to overcome the more general political considerations of the electorate.

Nixon’s lies were eventually exposed and the Republicans paid a hefty price. But only after the public Watergate hearings.

This means that there’s a lot of pressure on the Jan. 6 Committee. And their job is harder because most Americans no longer watch television. It’s likely that a small percentage of voters will watch the hearings, while a substantially higher percentage will see the most explosive parts in viral clips on the internet.

Finally, our political environment has changed for the worse in the past 48 years. While most Republicans defended Nixon at the start of the Watergate investigations, they accepted the legitimacy of the investigatory committee, and ultimately, turned against Nixon when the facts were clear.

This time, Republicans are attacking the committee as illegitimate and partisan. That means the evidence won’t be broadly accepted in their Party. In 1974, there came a time when Republicans would no longer defend Nixon.

If the current Select Committee does its job well, accusations that it is partisan will not be meaningful either to Independents, or to 10%-20% of Republicans who see the Jan. 6 coup attempt for what it was.

The stakes are high: The crimes of Jan. 6 are more serious than the Watergate crimes. An effort to overturn an election is more serious than an effort to cheat during an election. And most importantly, Trump, unlike Nixon, could run for president again (Nixon had already been elected twice).

While the Committee will eventually publish a report laying out their findings, they should immediately recommend that the DOJ pursue criminal cases and provide the DOJ with all relevant evidence.

As with Watergate, indictments should be doing the talking about the Jan. 6 crimes. In January, AG Merrick Garland said that the department “remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law.” Remember that the DOJ has a policy of not bringing indictments prior to an election, so time is of the essence for America’s phantom AG.

It’s critical to act now. The American people need a clear picture of what happened and who is responsible.

That will give us a stark choice in the mid-term elections.

Facebooklinkedinrss