Category: US Constitution Under Threat

Saturday Soother – February 22, 2020

(There will be no cartoons posted this week)

The Daily Escape:

Bass Harbor Head Light, Acadia NP, ME – 2019 photo by York Chen

Some are saying that the Democrats have abandoned the House as an instrument of power, and that it might be lost forever. The idea is that Democrats have surrendered the power of oversight, because they haven’t been able to use it effectively, and they can’t enforce their subpoena power.

This was the calculus of the Trump administration. If you stonewalled the House Democratic majority, their only option was to declare contempt. Once contempt is declared, it is up to the Department of Justice to enforce the order, an impossible expectation so long as it’s Trump’s DOJ.

After a contempt order has been issued, Congress can pass the order on to the DOJ or, to the DC US Attorney’s Office for prosecution as a civil or criminal matter. In theory, a charge of contempt could result in a fine or jail time, though in reality, that’s unlikely to happen.

After that, it’s up to the courts. That process takes a long time, and the outcome is far from certain. If a judge rules against Congress and in favor of the Trump administration, it could set new legal precedent that could make it easier for future presidential administrations to withhold information from future congressional committees.

The House did exercise its impeachment power, but it’s clear that regarding oversight, Trump has no intention of cooperating, nor will his administration. So the Democrats are facing a Constitutional question: The House is either an independent instrument of power and authority, or it is not.

We’d like to think that the next president and those that follow will not abuse their powers. Or if/when they do abuse power, they will be confronted by a Congress controlled by the other party, and both contempt and impeachment will be taken seriously by the president.

If a Democratic president and a Democratic Congress were elected, they could agree on a series of changes to limit presidential overreach and misconduct. Here are a few options:

  • Statutory penalties for contempt of Congress followed by swift review by the Court of Appeals for the DC Circuit
  • Tightening time limits for responding to Freedom of Information Act requests and enacting penalties for abuse
  • Restatement and enforcement of whistleblower protections, including penalties for outing and retaliating against whistleblowers

Even these moves may not be enough to rein in a president who has operational control of the DOJ. It will take the Supreme Court to settle the issue of the power of Congressional oversight vs. the power of the president’s executive privilege.

Trump’s presidency has revealed great vulnerabilities in our politics. Americans must want democracy badly enough if democracy is to survive. Despite our adulation of the framers, the Constitution works because Americans have made it work, not because of the brilliance of its design.

We’re facing a critical presidential election. There must be serious soul-searching by all of us regarding who should have political power.

The question for November is why have so many Americans lost faith in democracy, and what must we do to restore that faith?

No coffee recommendation today, we’re already waay too amped up from Trump’s pardons of bad actors along with his threat to pardon convicted liar Roger Stone. Or, maybe his arguing in Colorado Springs that Obama should be impeached put you over the edge. Maybe you were interested in seeing Mike Bloomberg take the debate stage, only to find out that Bloomberg brought a wallet to a knife fight.

Bloomberg was probably wishing he had bought a podium in a better neighborhood!

It’s time to get some distance from the circus in DC and forget about the shouting and posturing. It’s time to take a break with a Saturday Soother. This week settle back and listen to Leonard Cohen’s “Hallelujah” performed by the 5th grade chorus from PS22 in Staten Island, NYC. Wrongo promises you will be happy that you watched:

Think about how a public school music teacher reinvents his chorus every year with a new 5th grade class. This is one reason why we need to fund arts in public schools.

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

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Facebook Could Destroy Democracy

The Daily Escape:

Pond, Greenville County SC – February 2020 photo by Ninjiteex. It’s rare to see snow in SC

On Facebook, Wrongo mostly reads the posts of friends who are involved in showing dogs at AKC events. People who show dogs skew older and female, and thus, so do Wrongo’s Facebook friends. Many share a constant amount of pro-Trump (dis)information.

So, Wrongo tried a week-long experiment, letting some of those posters know that their posts were factually incorrect. Let’s focus on one, a picture of a very young Bernie Sanders being hauled away by police:

The photo’s caption says:

“In 1963 Bernie Sanders was arrested for throwing eggs at black civil rights protestors. This is the side of Bernie that CNN and the fake news media don’t want you to know”

The picture is real, the caption is false. Sanders was actually protesting police brutality and segregation, and was arrested for “resisting arrest”. Facebook has now taken down the post, but it was up for over a week.

When Wrongo told friends that their posts were false, everyone deflected, and minimized their intent. One, a fervent Trumper, said, “I just wanted to post a picture of him when he was young”. Never mind that this photo is available all over the internet with the simplest of searches, all with the correct reference.

Despite a week’s worth of trying, no one was willing to delete a false post. Many of these people post disinformation six or more times a day, so it was an exercise in futility to try and make these “friends” admit the truth about their posts, much less show any awareness about their biases.

This is a small example of what McKay Coppins wrote in his Atlantic article, “The Billion-Dollar Disinformation Campaign to Reelect the President.” As an experiment, Coppins signed up at many pro-Trump social media sites, and soon was deluged with alternative facts: (emphasis by Wrongo)

“What I was seeing was a strategy that has been deployed by illiberal political leaders around the world. Rather than shutting down dissenting voices, these leaders have learned to harness the democratizing power of social media for their own purposes—jamming the signals, sowing confusion. They no longer need to silence the dissident shouting in the streets; they can use a megaphone to drown him out. Scholars have a name for this: censorship through noise.”

All of this is helped by Facebook’s excellent micro-targeting tools. They allow an advertiser to slice the electorate into narrow and distinct niches and then reach them with precisely tailored digital messages. More from Coppins:

“An ad that calls for defunding Planned Parenthood might get a mixed response from a large national audience, but serve it directly via Facebook to 800 Roman Catholic women in Dubuque, Iowa, and its reception will be much more positive.”

The results can be overwhelming. The Trump campaign runs hundreds of iterations of ads. In the 10 weeks after the House of Representatives began its impeachment inquiry, the Trump campaign ran roughly 14,000 different ads containing the word impeachment.

No one has the bandwidth to sift through all of them, and then call them out.

It gets worse. Coppins says that the Republican National Committee and the Trump campaign have compiled an average of 3,000 data points on every voter in America. They have spent years experimenting with ways to tweak their messages based not just on gender and geography, but on whether the recipient owns a dog or, a gun.

Raw Story quotes former Rep. David Jolly (R-FL) saying that Donald Trump intentionally wants America to be anxious: (emphasis by Wrongo)

“I had a colleague that was in a meeting in the Roosevelt Room and….he heard Trump say, ‘Have you ever seen the nation so divided?’ My colleagues and others said, ‘No, we haven’t.’ Trump said, ‘I love it that way.’’

He thinks this how he’ll be re-elected!

Last Sunday, Walter Schaub, former director of the US Office of Government Ethics had a remarkable tweet thread on this, saying: (emphasis and brackets by Wrongo)

“…we’re in a dangerous new phase of Trump’s war on democracy. What do we do now?

….the greatest threat we face is despondency. The enemies of democracy…want you drowning in hopelessness. A hopeless populace is a helpless one. To that end, a hostile foreign power set up an infrastructure to weaponize social media against you.

Compounding the assault on your senses, he [Trump] also wields a corrupted government, which follows his lead in disseminating lies to sow confusion…

In the face of this psychological warfare, our most urgent mission—our civic duty—is to reject despondency. Everyone has a bad day, so we may need to take turns leading the charge. But our job as citizens is to resist the temptation to spread defeatism on social media.”

You said it, Walter!

We gotta keep hope alive.

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Monday Wake Up Call – February 17, 2020

The Daily Escape:

Looking west at sunset with Merced River in foreground, Yosemite NP, CA – 2019 photo by OlafIowa

“The general culture is often stupid or evil, and would vote out God in favor of the devil if he fed them back their hate and fear in a way that made them feel righteous”  -Charles Frazier, from his book, Varina, Pgs. 328-329

We’re living in the terrible present, an unprecedented time when Trump can say “Make me!” and we can’t, although Democrats have been trying since 2016.

That we’re in the middle of a “put the oxygen mask on your democracy first” emergency is shown by all that the Trump administration has done since his impeachment acquittal. Democracy is dying right in front of us, and in broad daylight. And the people trying to kill it are making no bones about it to the rest of us.

In this primary season, people are fighting over which Democratic presidential candidate will be the best at beating Trump, but that’s the wrong question. Strategically, Democrats win if they hold the House and take back the Senate. With both Houses of Congress, Trump will be neutered, even if he wins. If the Democrat wins, and the Party holds both Houses, passing progressive legislation becomes possible.

So the real decision is which candidate will have the best coattails.

That brings us to doctrinal purity tests. Most Democrats see the purity test as a doctrinaire standard of ideological purity. In 2016, Hillary Clinton objected to Bernie Sanders’s saying in a primary debate that she didn’t measure up as a progressive. Clinton argued that according to Sanders’s criteria, even Obama wouldn’t measure up, “because he took donations from Wall Street.”

Democrats must overcome their obsession about who is the most progressive, or who isn’t progressive enough. Otherwise, the Party will go into the November fight disunited.

In a column last week, Wrongo talked about Democrats’ disunity in the presidential elections of 2000 and 2016. But we can go back to an earlier event, the campaign of George McGovern in 1972. Nixon shellacked McGovern by a 23-point margin in the popular vote, carrying 49 states.

McGovern was a progressive who called for tax reform. He proposed payroll tax-funded single-payer healthcare. He was for a form of guaranteed income called a “Demogrant” of $1,000 per year for every adult, regardless of income, as an alternative to Nixon’s complicated means-tested welfare overhaul plan. Yang’s plan is similar to McGovern’s

Many Democrats failed to support McGovern, thinking he was too liberal. After McGovern’s defeat, Democrats began running towards the center, even though “the center” has moved further and further to the right with each presidential election.

We’ll have to play hardball to defeat Trump in November. But to play hardball, one must first have balls, something Democrats haven’t shown in a very long time. It’s not surprising that despite winning the popular vote in 6 of the last 7 presidential elections, Dems have little to show for it politically.

Consider that two of the top 2020 contenders include Bernie and Bloomberg, who aren’t Democrats, and have at times, held the Party in clear contempt. Think about where we are: Biden couldn’t beat Obama or Hillary in 2008. Sanders couldn’t beat Hillary in 2016. Hillary couldn’t beat Trump.

Is it logical that either of Biden or Bernie could win in 2020?

Wrongo isn’t sold on Bloomberg. Criticisms of other candidates are as least as applicable to Bloomberg:

  • Biden and Sanders too old? Bloomberg is just as old
  • Biden too gaffe-prone? Bloomberg feasts on his own foot frequently
  • Sanders health a concern? Bloomberg also had a heart attack and the same operation to treat it
  • Sanders’s commitment to the Democratic Party? Bloomberg has actually bankrolled Republican office holders at the state and federal level
  • Biden and Klobuchar too conservative? Bloomberg is more conservative
  • Klobuchar an evil boss? Don’t read Bloomberg’s management philosophy. It’s best if you aren’t a woman

For Bloomberg, maybe it’s as Cyndi Lauper said: “Money changes everything”.

Still, after the disaster of 2016, there are people who will sit on their hands and let Trump be re-elected, rather than support a Dem they find ideologically impure.

You probably don’t remember the 1972 campaign clearly because you were too young, but 2000 wasn’t enough? 2016 wasn’t enough?

Wake up America! The best candidate is the one with the longest coattails.

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Sunday Cartoon Blogging – February 16, 2020

It is clear that Trump, aided by attorney general Barr, is using the power of the Justice Department to investigate and persecute his enemies, and intervene in the judicial process to help his friends.

This isn’t acceptable. It’s out of bounds. It’s unethical and it’s un-American. This is what autocrats do.

Trump didn’t like the jury decision that convicted his buddy Roger Stone, so he’s attacking the jury foreman on Twitter. This woman now has the president of the US gunning for her.

This has never happened before. We live in a country that is supposed to protect our rights. That doesn’t just happen. It requires all of us to demand that our institutions do not abuse their power.

Some of you would love to check out mentally, and let Trump and Barr slide. But our privileges come with responsibilities. Are we willing to stand up for the Constitution? Are we willing to stand up for America? On to cartoons.

America knows the truth about Trump and Barr:

Barr’s investigations could become a moving target:

Our future:

Dems are in training for November:

Biden looks for answers:

And he gives Dems a heads up:

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Saturday Soother – January 25, 2020

The Daily Escape:

The Subway, Zion NP, UT – 2019 photo by DarthButane. This is a nine-mile round trip hike.

When it comes to the impeachment trial, nothing that’s said really matters, if you are hoping for a fair review of guilty, vs. not guilty.

Let’s spend a moment reviewing Adam Schiff’s closing remarks on Thursday night. He was off the charts brilliant:

“The American people deserve a president they can count on to put their interests first, to put their interest first. Colonel Vindman said, here, right matters. Here, right matters.

Well, let me tell you something. If right doesn’t matter, if right doesn’t matter, it doesn’t matter how good the constitution is. It doesn’t matter how brilliant the framers were. It doesn’t matter how good or bad our advocacy in this trial is. It doesn’t matter how well-written the oath of impartiality is. If right doesn’t matter, we’re lost. If truth doesn’t matter, we’re lost. The framers couldn’t protect us from ourselves, if right and truth don’t matter. And you know that what he did was not right. “

Schiff concluded with: (emphasis by Wrongo)

“But here, right is supposed to matter. It’s what’s made us the greatest nation on earth. No constitution can protect us if right doesn’t matter anymore. And you know you can’t trust this president to do what’s right for this country. You can trust he will do what’s right for Donald Trump. He’ll do it now. He’s done it before. He’ll do it for the next several months. He’ll do it in the election if he’s allowed to.

This is why, if you find him guilty, you must find that he should be removed. Because right matters. Because right matters. And the truth matters. Otherwise we are lost.”

He didn’t read this, he spoke from the heart. He wasn’t histrionic, or angry. However, he did deliver a sharp condemnation of Trump. He all but said “If Trump walks, and is re-elected, this country is finished.”

That fell flat with some Republicans:

Republicans have really thin skins when it comes to attacks on the guy who tweets insults for a living.

Schiff didn’t pretend that witnesses are a real possibility.  He didn’t pretend Democrats are going to get documents. He didn’t pretend that GOP Senators will do the right thing.

He made it clear to the real jury, America’s voters, what’s at stake, and exactly who is shirking their duties. He’s shown us that Republicans no longer even pretend to give a flying f__k about democracy, honesty, or the Constitution.

Was it a tough week for you? Jim Lehrer died. The long-time anchor of the PBS NewsHour was possibly the last of his kind. Wrongo often watched Lehrer’s careful, considered journalism on PBS, along with his moderation of presidential debates. He was never one of those in the news media who thrive on gotcha questions and confrontations.

Time to let it all go for a few minutes. Iit’s time for our Saturday Soother. Here, the fields of Wrong still have snow on the ground, although it is now crisscrossed by the tracks of all sorts of animals. We’re in for a rainy weekend, so let’s start by brewing up a mug of coffee that is recommended by Wrongo’s daughter, Merrill. It’s Colombia Santa Rita coffee ($16/12 oz.) with its notes of caramel, toasted almond, and powdered cocoa, from Rainier Coffee.

Now settle back near a fire, and listen to a piece of cello music from Henry Eccles, a violinist from Great Britain who was born in 1670. We will listen to the Largo section of his “Sonata for Violoncello in G minor”, played by Maxim Kozlov, who calls himself “Cellopedia”:

Wrongo and Ms. Right heard this played on New Year’s Day by Sam Magill, cellist with the NY Metropolitan Opera Orchestra. He hasn’t recorded it professionally, but you will love this sad, emotional performance by Kozlov.

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

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Sunday Cartoon Blogging – October 27, 2019

Wrongo and Ms. Right will be heading back to the US on Monday morning, so this is the last post from London. The news from America was both typical and troubling again this week. But let’s start with a UK-based cartoon from the Financial Times that drives home the point about how long it’s taking to negotiate a Brexit deal:

Meanwhile, back in the USA, the GOP Congress Critters who broke into the hearing were simply following orders:

What happens when you have the best lawyers:

New White House Ukraine strategy:

Let’s send healing thoughts to Jimmy Carter, who broke his pelvis this week:

Nice message from London:

October 2019 iPhone photo by Wrongo

It occurred to Wrongo that the diversity in England is due at least in part to being the headquarters of the British Empire, followed by being a part of the EU for what is now 47 years. With Brexit, those who voted “Leave” wish for a country that is less diverse.

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Team Mitch and Free Speech

The Daily Escape:

The Long Leg, 1935 – painting by Edward Hopper

(Blogging may be limited for the next week as Wrongo and Ms. Right spend time in Maine.)

Mitch McConnell’s “Team Mitch” thought they were being clever by posting a video of a few extreme comments by an otherwise generally peaceful crowd of protesters outside his home yesterday. Twitter didn’t like it, so @TeamMitch was put into Twitter jail. From the Lexington Courier-Journal:

“Senate Majority Leader Mitch McConnell’s campaign has been thrown in Twitter jail. After sharing a video of a profanity-laced protest outside of the Kentucky Republican’s home in Louisville, the campaign Twitter account, Team Mitch, has been locked out.”

This was the second time in days that TeamMitch overreached. On Monday, they posted a picture of men in TeamMitch tee shirts groping a poster of Alexandria Ocasio-Cortez. Here’s the picture:

The picture was posted on Facebook and then shared on Twitter.

The response by the Trump regime was swift. By Wednesday, the White House was warning that it is looking at an executive order regulating Twitter’s and the industry’s free speech:

“The White House is circulating drafts of a proposed executive order that would address allegations of anti-conservative bias by social media companies, according to a White House official and two other people familiar with the matter — a month after President Donald Trump pledged to explore ’all regulatory and legislative solutions’ on the issue.”

Apparently, none of the three WH aides would describe the contents of the order, but its existence and the deliberations surrounding it, show that the administration is taking a serious look at attempting to limit Silicon Valley’s free speech. More from Politico:

“If the internet is going to be presented as this egalitarian platform and most of Twitter is liberal cesspools of venom, then at least the president wants some fairness in the system, the White House official said. But look, we also think that social media plays a vital role. They have a vital role and an increasing responsibility to the culture that has helped make them so profitable and so prominent.”

More:

“The President announced at this month’s social media summit that we were going to address this and the administration is exploring all policy solutions, a second White House official said Wednesday when asked about the draft order.”

The order is not expected to be issued imminently.

On the surface, this may be a bluff. It is difficult to believe that even the Roberts Court would allow the government to limit the free speech rights of a corporation, particularly after the Citizens United decision. But the social media companies can’t be looking forward to an expensive, drawn-out court fight. Then again, if Twitter has the balls to actually apply the rules to Mitch McConnell, it might also apply them to Trump, and he would never allow that to happen.

This brings to mind our political double standard, the things that you just can’t do to Republicans:

– Repeat their own words back to them
– Cite empirical evidence, scientific evidence, or facts
– Point out hypocrisies
– Call them names (you know, like RACIST)
– Compare actual religious teachings to their bad behavior
– Suggest they’re not the fastest tractors on the farm
– Publicly disclose public information about which putrid candidate they publicly donated money to

(This last one was on full display when Joaquin Castro published a list of Trump’s Texas donors that he got from an already public listing.

You’ve got to remember that “Christian” American conservatives are the most persecuted minority in world history and that publishing their names is equivalent to painting targets on their backs for the Deep State and Antifa.

They think that it’s right there in the First Amendment that conservatives should never be criticized for anything that spills out of their stupid pie holes.

So, it’s looking like Trump will try to make Twitter pay for its imagined offenses to Team Mitch.

Trump says that his rhetoric unites people. Let’s hope it unites the rest of us!

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Trump Still Wants His Citizenship Question

The Daily Escape:

Sandia Mountains, New Mexico – 2019 photo by cameforthegames

On June 27, the Supreme Court held that Commerce Secretary Wilbur Ross’s March 2018 order directing the Census Bureau to add a citizenship question to the 2020 Census questionnaire could not go forward. At the time, we all thought that there would be no such question on the census.

Now, that’s no longer true.

“President Trump and Attorney General William P. Barr began working to find a way to place a citizenship question on the 2020 census just after the Supreme Court blocked its inclusion last month, Mr. Barr said on Monday, adding that he believes that the administration can find a legal path to incorporating the question.”

More from Barr:

“I felt the Supreme Court decision was wrong, but it also made clear that the question was a perfectly legal question to ask, but the record had to be clarified…”

The ruling left open the possibility that the citizenship question could be added to the census if the administration came up with a better rationale for it.

Here’s a way to look at what the Administration means: The Supreme Court said we couldn’t do this. Our reasoning was stupid and insulting. So now, we have to come up with something better. Yeah, we said it was too late for that, but we’re working on a brilliant new reason.

And you shouldn’t make anything of the fact that the lawyers the DOJ had working on it just quit:

“Barr also acknowledged that the career Justice Department lawyers who had worked on the census question had little appetite to continue on the case after Mr. Trump inserted himself into the process…. The Justice Department announced a day earlier that it was replacing them, a nearly unheard-of move.”

On Monday, the plaintiffs in the case asked a NY judge to block the DOJ lawyers’ withdrawal because they did not demonstrate “satisfactory reasons” for the change. On Tuesday, the judge denied the request, except for two DOJ attorneys.

Barr also said that the Trump administration would soon reveal how it plans to add the question, but he wouldn’t detail exactly how it would be justified.

On Monday, Speaker Pelosi announced that she intended to schedule a full House vote “soon” to hold Barr and Commerce Secretary Wilbur Ross in contempt of Congress for defying subpoenas for documents related to the census question. This had been recommended last month by the House Oversight and Reform Committee.

If Barr goes forward, the question will be provisionally added, and a new time clock for the case starts again.

But, Trump may have screwed the pooch. He admitted that the whole point was to favor Republican redistricting, which was exactly what his lawyers have said is not the case, because that’s unconstitutional. Trump said we need the census citizenship question for many reasons:

“Number one, you need it for Congress — you need it for Congress for redistricting,” he said Friday. “You need it for appropriations — where are the funds going? How many people are there? Are they citizens? Are they not citizens? You need it for many reasons.”

Trump apparently doesn’t realize that America bases redistricting on the population of the district, not the citizens in the district. Yet, there’s still a strong possibility that his question will be part of the census.

In the case mentioned above, four Supreme Court justices said they would vote for literally any position the administration takes on the issue. And a fifth vote (Chief Justice Roberts) searched in vain for any possible fig leaf that would allow him to join them. When he couldn’t, he sided with the liberals.

Americans should be outraged that the Trump administration willingly engaged in an illegal action, and then lied about it in federal court. They should be outraged that four members of the Supreme Court thought that was just fine. The Chief Justice thought it could have been fine, had they come up with a less blatant pretext, which he invited them to provide. Any Chief Justice worthy of the title would have simply ruled that the process couldn’t be salvaged.

The big story here isn’t the census question. It’s the DOJ’s legal team refusing to continue working on the case. This is unprecedented, and a really big deal.

The most plausible explanation for their quitting is that they told the Supreme Court it had to decide by June 30th, or the question couldn’t be included. If they now have to go back to SCOTUS, they would have to admit that was a lie.

We have to hope that the administration’s malevolence will be ruined by their incompetence.

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Sunday Cartoon Blogging – June 30, 2019

While most of the media was blathering about the Democratic debate dog-and-pony-shows, the story of the week was the Gerrymandering decision that the Supreme Court announced on Thursday. Its decision in Rucho v. Common Cause says that the federal courts have no business policing partisan gerrymanders. That issue is for states to handle.

Chief Justice John Roberts:

“Our conclusion does not condone excessive partisan gerrymandering. Nor does our conclusion condemn complaints about districting to echo into a void….The States, for example, are actively addressing the issue on a number of fronts.”

The Conservative justices are saying that citizens have no recourse to the federal courts to solve what has become a major weakness in our democracy.

Roberts is now three-for-three, with Citizens United opening the floodgates to unlimited corporate money funding candidates. Then, with Shelby County vs. Holder, he eviscerated part of the Fourteenth Amendment and defanged the Voting Rights Act. And now, in Rucho v. Common Cause, he delegates to state legislative majorities that were enabled by the first two rulings, the ability to perpetualize (? probably not a word) their party’s time in office by drawing unrepresentative district maps with no recourse to judicial appeal.

Justice Elena Kagan dissented:

“For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities. And not just any constitutional violation. The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights….Of all times to abandon the Court’s duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections….”

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.”

This has enabled a charade of a democracy to replace the one that we thought we had. Chief Justice Roberts’s legacy will be the death of democracy. All of today’s cartoons will concern gerrymandering.

The domestic violence will continue:

The Roberts decision simplified:

Elections have consequences:

 

Supremes sit idly by while America burns:

 

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New Evidence: Citizenship Question Added to Suppress Minority Voting

The Daily Escape:

Wallis Sands, NH – 2018 photo by CaptainReptar

“If conservatives become convinced that they cannot win democratically, they will not abandon conservatism. They will reject democracy.” – David Frum

Sometimes, the proof you need shows up just a little late. The Supreme Court will rule in June on whether or not a citizenship question can be added to the census in 2020. The case, Department of Commerce v. New York was argued before the Court back in April. At the time, most observers felt that a majority of the justices seemed inclined to support the administration’s position that there was no political agenda behind asking the citizenship question.

On Thursday, the NYT reported about a related lawsuit filed in the Southern District of New York, which shows that all of the relevant information to decide the case was not available. The new evidence was obtained from Thomas Hofeller. Hofeller was the Republican Party’s guru on redistricting of electoral districts for political advantage. After Hofeller died, his estranged daughter found his computers and hard drives, and her mother gave them to her. She discovered files that demonstrated quite clearly that her father had been central to the creation of the census citizenship question.

From The New York Times: (emphasis by Wrongo)

“Files on those drives showed that he wrote a study in 2015 concluding that adding a citizenship question to the census would allow Republicans to draft even more extreme gerrymandered maps to stymie Democrats. And months after urging President Trump’s transition team to tack the question onto the census, he wrote the key portion of a draft Justice Department letter claiming the question was needed to enforce the 1965 Voting Rights Act — the rationale the administration later used to justify its decision.”

This article on Thomas Hofeller offers evidence of the vote suppression intent of the census citizenship question that the Supreme Court is likely to approve in a few weeks. The new court filing shows that Hofeller’s digital fingerprints are all over the US DoJ actions to add a citizenship question:

  • The first was an Aug. 30, 2017 document from the Hofeller hard drives. The document’s single paragraph cited two court decisions supporting the premise that more detailed citizenship data would assist enforcement of the Voting Rights Act. That paragraph later appeared word for word in a draft letter from the Justice Department to the Census Bureau that sought a citizenship question on the 2020 census.
  • A second instance involves the official version of the Justice Department’s request for a citizenship question. It was a more detailed letter sent to the Census Bureau in December, 2017, presenting technical arguments that current citizenship data falls short of Voting Rights Act requirements. The plaintiffs in the new case show those arguments are presented in exactly the same order, and sometimes with identical descriptions as in a 2015 study by Mr. Hofeller. In that study, Hofeller concluded that adding a citizenship question to the 2020 Census “would clearly be a disadvantage to the Democrats” and “advantageous to Republicans and Non-Hispanic Whites” in redistricting.

Seems damning, but why should the Supremes need more evidence? Three federal district courts had already decided this question without seeing this additional evidence. They were able to see through the transparent attempt by the GOP to undermine voting rights.

The 14th Amendment, Section II says:

“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.”

The founder’s intent there seems pretty clear: The whole number of persons. And since when is it the responsibility of a member of Congress to only represent the eligible voters in his or her district?

The new smoking-gun evidence shows that government officials lied when they used the Voting Rights Act as their excuse for including the question. But, that will likely be seen by the SCOTUS as irrelevant, assuming they believe that the actual reason is a permissible action by the Commerce Dept.

Republicans love to complain about those Democrats who are now advocating for eliminating the Electoral College, saying that doing so would amount to “changing the rules because Democrats lost.” What should be obvious is that Republicans are constantly, and relentlessly changing the rules. See Mitch McConnell’s rewrite of his Merrick Garland policy just this week.

Over and over, Republicans gerrymander and suppress the vote in whatever way they can. They do this as part of their effort to shore up the voting power of their white voter base, while diluting the voting power of minorities.

They know demographics are not on their side, so they are willing to take extreme measures to solidify their position, regardless of the impact on the nation.

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