Category: US Constitutional Issues

Random Election Season Thoughts

The Daily Escape:

Camden Public Library, Camden, ME – September 2024 photo by Daniel F. Dishner Photography

When projecting economic outcomes, economists always caution about “Black Swan” events. While the term has been around hundreds of years, today it means an unforeseen but consequential event. Two potential Black Swan events occurred last week.

The assassination of Hezbollah’s leader Hassan Nasrallah and Israel’s seeming willingness to keep expanding operations against Lebanon seems very risky. Biden seems incapable of stopping Netanyahu from widening the war against Hamas and Hezbollah, and it’s clear that Netanyahu has never been a good faith negotiator regarding a cease fire. Harris now has to worry about how this impacts her campaign in Michigan.

The floods caused by the remnants of Hurricane Helene could be another “Black Swan”, although it’s difficult to see which candidate it will impact more severely. The flooding disproportionately affected the rural areas that Trump needs to win to keep North Carolina in the red column. Although heavily blue areas like Asheville also will still be recovering in early November. Here’s a map of power outages as of 9/28:

That said, the response to Helene may also highlight to voters the importance of FEMA and NOAA, both of which Project 2025 aims to defund. There are plenty of ads now running that emphasize that Project 2025 would defund NOAA. If the Feds can respond to the damage on I-40 like they did to I-95 in PA or Baltimore’s Francis Scott Key Bridge disaster, it may convince people in North Carolina that the government actually can be helpful.

Trump’s growing increasingly unhinged in public appearances is difficult to overlook. He’s adopted fascist language. Overall, he looks both weak and violent, but the mainstream press isn’t persistently covering him in that way. Its clear on Twitter that his crowds are smaller and are increasingly disengaged.

Lets turn to Elon Musk who tweeted this to his tech bros:

Let’s deconstruct this almost impossibly stupid thought:

  • People who enter illegally are not eligible for citizenship and non-citizens cannot and do not vote in federal elections.
  • People who are granted asylum can’t vote unless they become citizens, which takes ~5 years.
  • Even the most generous immigration reform proposal (which is unlikely to pass both Houses of Congress) would only apply to undocumented immigrants who’ve been here for years. And citizenship would require paying a fine, extensive background check, and going to the back of the line behind legal immigrant applicants – a process that could take a decade.
  • Currently, most of the undocumented population is of Hispanic origin – a demographic whose voting patterns have been moving to the right, not the left.

This is the same guy who after the second Trump assassin was arrested posted on Twitter:

“And no one is even trying to assassinate Biden/Kamala.”

And this guy has a top security clearance! Musk’s companies, including SpaceX and its subsidiary Starlink, have a $4 billion contract with NASA and multimillion-dollar contracts with the Defense Department.

But there’s a bigger picture in play with a few wealthy South Africans who have joined the tech bros world: Elon Musk lived in apartheid South Africa until he was 17. David Sacks, the venture capitalist who has become a fundraiser for Trump and a troll of Ukraine, left at age five, and grew up in a South African diaspora family in Tennessee. Peter Thiel spent his childhood in South Africa and Namibia, where his father was involved in uranium mining as part of the apartheid regime’s clandestine drive to acquire nuclear weapons.

And Paul Furber, an obscure South African software developer and tech journalist living near Johannesburg, has been identified by two teams of forensic linguists as the originator of the QAnon conspiracy, which helped drive Trump’s Maga movement.

In short, four of Maga’s most influential voices are fifty-something white men who grew up in apartheid South Africa.

And what connects these men’s South African backgrounds with Maga? South Africa under apartheid offered an extreme version of some of what are now important themes of what Republicans want American life to look like today: Income inequality as the natural order of things and a contempt for government.

This is what the rich guys who support Trump want, and a few of the most influential rich guys grew up under apartheid.

Finally, Rachel Bitecofer, a political analyst who in July 2019 predicted that Trump would lose the 2020 election, with the Democratic candidate winning at least 278 electoral votes, has comments on polling that Wrongo hasn’t seen elsewhere about how older people are turning towards Harris:

If true, it will be helpful.

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The Young Now Drive How We Win Elections

The Daily Escape:

First up, Wrongo discovered since his column about Thomas Miller, that AP/NORC, a respected mainstream polling organization is also asking the revolutionary question “Who do you think will win the election” rather than “Who are you going to vote for?”

It turns out that the answers were directionally similar to Miller’s:

“With two months remaining until the general election, a larger share of registered voters believe Kamala Harris will win compared to Donald Trump.”

The result was Harris, 38% vs. Trump 28%. The rest was split 34% between Don’t Know (14%) and Can’t choose (20%). The results aren’t earth-shaking, but It’s useful to see another organization ask the question.

Second, readers of the Wrongologist primarily skew older, so it is relatively easy for us to be oblivious to what’s going on in social media and the impact it has on our politics. Take for example, TikTok (“TT”). Despite what we think we know, TikTok is becoming the new TV.

Last month, Pew published a new report showing that:

“…about half of TikTok users under 30 say they use the app to keep up with politics and news.”

Here’s a chart:

 

In fact, the Harris campaign’s TikTok account, @kamalahq, has officially passed one billion views! It may sound absurd to crusty old political operatives, but if you want to reach the younger voter, TT seems to have surpassed TV as a place to look for them. From the FWIW Newsletter:

“Gen-Z media consumers use their phones to watch content exactly like it’s TV. These Americans aren’t ‘cord cutters.’ They never had a cord in the first place. Gen-Z spends less time watching traditional TV than any other age group, while Gen-Z TikTok users spend an average of 77 minutes per day on the app.”

More:

“TikTok’s growing…share of Gen-Z attention is even coming for the big streamers like Netflix – more than 50% of Gen-Z have canceled a streaming service in the past 6 months, and 66% would prefer watching TikTok over streaming.”

So TikTok should be the preferred landing spot for political advertising if the candidate is trying to reach Gen-Z.  Harris and Walz have gone on two of the most prominent TikTok shows, Subway Takes and Track Star. (Which we may not have heard of before.)

And the format was much like when they appear with Colbert or Kimmel.

Most Gen-Z consumers watch Colbert or Kimmel in the form of a clip on their phones or tablets, so TikToks function in the same way. The only differences are that TikTok shows are very short, averaging between 90 – 120 seconds of run time. They are optimized to play to the strength of the TT algorithm and go viral, and are produced at a fraction of the budget of traditional TV.

And there’s a huge difference between the Republicans, who in the most competitive Senate races, have made the decision to exclusively focus on old-school television ads, instead of online platforms where a majority of voters spend their time. FWIW found that in Michigan:

“…one prominent GOP Senate candidate had spent [less than] $10,000 online compared to his Democratic rival’s $2 million.”

There’s been a big shift to TikTok after Biden withdrew: Trump content was dominating TT, and had started accumulating many more views, likes, and followers than Biden. FWIW reports that using the social analytics platform Zelf to track sentiment of TikTok posts, pro-Harris content is now the norm on the app.

The growing disparity means that the Democrats are connecting with Gen-Z where they are, in a way that Republicans aren’t able to do by using traditional cable and television ads. While we know that TT has serious legal jeopardy, that won’t become a factor until after the election is decided.

So we’re seeing more about how social media and technology are eclipsing the old school ways of running presidential campaigns. Let’s hope we’re on the right side of this story!

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Will The Protagonist Win?

The Daily Escape:

Let’s start with some definitions. According to Proofed, a writing tips blog:

“The protagonist is often (though not necessarily) referred to as the story’s “hero” or central character. At the other end of the spectrum is the antagonist, the character responsible for opposing the protagonist’s objectives.”

Marcy Wheeler, who writes as Emptywheel, had one of the most perceptive columns of the election cycle last week. Speaking about the debate and its aftermath Wheeler said: (brackets by Wrongo)

“…[what] the Vice President did with her animated, often mocking facial expressions….She kept the camera on her the entire time. And more often than not, even her facial expressions conveyed far more than Trump’s rants did.”

The media were surprised, since they had conceived of the debate almost exclusively about how Harris would react to whatever Trump would do. That’s the way they’ve treated Trump since 2015: As the protagonist in a global political drama.

But since the debate, something important happened to the media. Back to Wheeler: (brackets by Wrongo)

“And they left [ the debate] with the certainty that Vice President Kamala Harris was the protagonist of that story.”

Harris the protagonist. Harris, the main character, who’s actions drive the story forward. It wasn’t Trump giving the orders that got the press scurrying. They were marveling at Harris’s crowds, at her command of the issues, at her looking and sounding presidential. At the big energy in the big crowds at her rallies.

But a second possible assassination attempt could have delivered the role of protagonist up for grabs again. Does Wrongo have this right? The guy who was apprehended never had a line of sight on Trump and never shot his weapon. But somehow, Trump has become the victim of another assassination in the Mainstream Media.

It’s most probable that the second assassin is just another mentally ill person looking to give his life meaning. But regardless, Trump worked hard to get the protagonist role back. He tried to use the second attempt to return to being the protagonist. He’s alleged that Democrats have inspired the recent up tick of political violence by characterizing him as a risk to American democracy, as truthfully, he is.

There’s zero evidence that the would-be assassins were motivated or radicalized by Democrats.

The Springfield story is Trump’s second effort to return to being the protagonist. Since it’s predicated on a lie, he can run with it. If the tale of Haitian immigrants stealing people’s pets and eating them were true, then it would only have been a one-day affair. We’d see the police reports. Local and state governments would take some sort of action. The Harris campaign would formulate a response. The story would have a beginning, a middle, and an end.

But then? We’d be back to talking about Harris.

But because it’s a lie, the story doesn’t end. It swirls and gathers strength. The media and local governments try to debunk it. Lots of people believe it anyway. The narrative progresses, trying to get Trump and Vance to admit that they’re lying. They refuse; or equivocate.

And there is no advantageous angle for the Harris campaign to take. If she engages, then it gets even better for Trump, because she becomes a supporting character in his story. And we go from having a conflict between Trump and objective truth to a conflict between Trump and Harris.

And Harris would be no longer talking about the future. She’d be stuck litigating the (obvious) lies of a madman. Just like everyone else has for the last nine years.

But a big lie doesn’t have to change things, no matter how many times Trump plays that card.

Since becoming the protagonist, Harris has leaped in the polls. The New Yorker’s Philip Gourevitch reported on the Morning Consult’s polling of 11,022 likely voters with a margin of error of +/-1 percentage point, taken Sept. 13-15 2024. They summarize:

“Harris leads Trump by a record-high 6 percentage points among likely voters, 51% to 45%, up from a 3-point advantage before their debate last week. Her 51% of support among likely voters, which is also at a record high, is driven largely by her best figures to date among Democrats, Biden 2020 voters, liberals, women, 18- to 34-year-olds and millennials.”

Here’s their chart:

And her image is better than ever: 53% of likely voters have a favorable view of Harris, the largest share they’ve measured this cycle. By comparison, just 44% of voters view Trump favorably.

So one big challenge is for Harris to hold on as the protagonist in the political brawl of 2024. Something that Biden never did, nor have large groups of Trump wanna-be’s over the past nine years.

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State Of The Race: What Polling Tells Us And What It Does Not

(Welcome to another of Wrongo’s occasional thoughts about the election. He wants to thank you for your concern as he travels through Chemo land.)

The Daily Escape:

Polling isn’t all that we want it to be or think it can be. But the recent trends support growing confidence that Harris is succeeding Biden. For example, a recent USA TODAY/Suffolk University poll (highly rated in the 538’s curation of polls), shows an eight or nine-point swing in favor of Harris, relative to the survey it took at the end of June, after the disastrous Biden debate:

“Democrat Kamala Harris has surged ahead of Republican Donald Trump, 48%-43%, a new USA TODAY/Suffolk University Poll found….The findings reflect an eight-point turnaround in the presidential race from late June, when Trump had led President Joe Biden in the survey by nearly four points.

The vice president’s small lead was fueled by big shifts among some key demographic groups traditionally crucial for Democrats, including Hispanic and Black voters and young people. Among those with annual incomes of less than $20,000, in the biggest change, a three-point Trump edge over Biden in June has become a 23-point Harris advantage over Trump in August.”

The poll of 1,000 likely voters, taken by landline and cell phone Sunday through Wednesday, has a margin of error of plus or minus 3.1 percentage points. With the election approaching, the survey is now measuring likely voters; previous polls were of registered voters.”

It’s a tiny sample that needs more supportive data. Sunday’s ABC News/Ipsos poll showed Harris leading 52%-46% among likely voters, a six-point lead. But the race is much closer in swing states. This means that the whole ball game is going to come down to turnout and enthusiasm. There are very few real swing voters left in America today, because the kind of person who has trouble choosing between the Democrats and the Republicans is somebody who probably couldn’t decide which country is directly north of the USA.

Two factors in turnout are the changes in voter enthusiasm and spending by the Parties. Here’s Gallup on changes in enthusiasm:

We should remember that enthusiasm for Harris is driven by hope, while enthusiasm for Trump is driven by fear. One is easier to stoke than the other.

Second, Ad Impact Politics, a firm that tracks political spending, says that between Labor Day and Election Day, 96 different markets are set to see at least $1M in political ad spending on TV. Twenty- eight markets are set to see over $20M, and Philadelphia, Phoenix, and Las Vegas are all set to see over $110M! Here’s how that breaks down by TV time slot reservations:

The Trump campaign is only going to be competitive in Pennsylvania and Georgia. The other swing states are apparently being left to their own devices. Their strategy seems to be if they can hold all their 2020 states they can put all their money on picking up those two states which will bring them to exactly 270. If they lose either one (or NC) that’s the ballgame.

A subtext is that their real strategy is the coming post-election legal challenge in any or all of those states, claiming that the Democrats stole the election. They’re clearly doing that in Pennsylvania and Georgia where they are already plotting with local officials.

Overall, Harris is now in a far better position than Biden was in late July. Harris, by contrast, has probably become a slight favorite.

Second, Harris’s improved position has essentially nothing to do with peeling off persuadable Trump voters. What has changed is that people who would vote for the Democrat if they were to vote at all are now much more likely to vote than they were when Biden was the candidate. This is reflected in the responses of potential voters in key Democratic constituencies — especially young people, and blacks and Latinos — to Harris’s entry into the race.

Third, motivating supporters to actually vote is going to be far more important than persuading swing voters. Swing voters remain important because the race is so close, and likely to remain so. Such voters might represent only one or two percent of the electorate in the seven states that will almost certainly decide the election — Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin — and one or two percent could easily be the decisive margin in all of these places. This is where the enthusiasm for Harris in the Democratic base has proven to be so critical to this point.

Pundits say “It all comes down to PA”. That may be true if your only concern is the presidential race. But control of the Senate and the House are just as important. That means hacking a path to at least 50 Senate seats in a world where MT and OH could both flip to the GOP. It means flipping the House. Neither path runs through PA. And reproductive liberty is on the ballot in 11 states and indirectly on the ballot in all fifty states via Project 2025’s plan to ban abortion nationally. How does that factor into polling? It doesn’t.

Another example: the Boston Globe published a leaked email from a top Trump volunteer with the Trump campaign telling other volunteers that the Trump campaign “no longer thinks New Hampshire is winnable” and is “pulling back”.

Not all is bright. Dan Pfeiffer notes Harris isn’t doing well with GEN Z men:

Peiffer notes that what’s alarming is that Harris’s entry into race excited young women, but not men. When Biden was the nominee, Trump was up with young men by 11. In national polling, the gap still exists, but Trump does less well with men under 30. Trump’s campaign is targeting these younger men. That’s why his convention featured a wife beating MMA fighter introducing him and he entered the stage to the tune of “It’s a man’s world.”

Peiffer says that if Trump maintains these numbers with Gen Z men, he might win the election:

“To put a finer point on it, Biden won voters under 30 by 24 points. According to the NBC News poll, Harris is up only 16 points with this cohort.”

So many bros…so few brains!

To deal with the rapid changes, polling organization 538 has changed its presidential prediction model from one based on “fundamentals” to one based on changes to polls. Which acknowledges that the old “fundamentals” no longer work.

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Biden’s Passing Of The Torch

The Daily Escape:

Mountain goats, Hidden Lake Overlook, Glacier NP, MT – July 2024 photo by Jennifer Pardee Caruso

Today Wrongo wants all of us to think about Biden’s address from the Oval Office last Wednesday. He focused on the challenges facing the country, in particular if Trump were to succeed him. He also said that he was passing the torch to a new generation: (emphasis by Wrongo)

“I believe my record as president, my leadership in the world, my vision for America’s future, all merited a second term. But nothing, nothing, can come in the way of saving our democracy. That includes personal ambition. So, I’ve decided the best way forward is to pass the torch to a new generation. That’s the best way to unite our nation. You know, there is a time and a place for long years of experience in public life. But there’s also a time and a place for new voices, fresh voices, yes, younger voices. And that time and place is now.”

There’s the echo of JFK’s 1961 inaugural speech when Biden talks about passing the torch: (emphasis by Wrongo)

“Let the word go forth from this time and place to friend and foe alike, that the torch has been passed to a new generation of Americans–born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage–and unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world.”

A big idea and a smaller one leap out of the Biden speech. As Heather Cox Richardson wrote about the big idea:

“….Biden followed the example of the nation’s first president, George Washington, who declined to run for a third term to demonstrate that the United States of America would not have a king, and of its second president, John Adams, who handed the power of the presidency over to his rival Thomas Jefferson and thus established the nation’s tradition of the peaceful transition of power. Like them, Biden gave up the pursuit of power for himself in order to demonstrate the importance of democracy.”

If you want to know what kind of person someone truly is, watch them do The One Thing In The World They Do Not Want To Do. The most difficult thing, the thing that takes every fiber of their will to accomplish. It’s the ultimate character test, one which Trump could never pass. More from Biden:

“I revere this office, but I love my country more….”

He thus showed us that he had the most crucial qualification for the office of president.

JV Last observed a small thing about Biden’s speech that in reality is a big thing: the watch that he wore on Wednesday night. Wrongo didn’t know that Biden is a watch guy. From JV Last:

 “For the watch guy, your watch means something. You’re not throwing on a timepiece. You’re choosing a companion, a wingman, a talisman. Last night, Biden wore a Rolex Datejust 41 with a smooth bezel and blue sunburst dial. It’s the most classic and low-key watch imaginable. Elegant, yet wholly unobtrusive. More important, though, is the watch’s provenance. Biden’s Datejust was a gift from his wife. He wore it first on January 20, 2021, at his inauguration.”

More:

“It is a lock that Biden chose his Datejust…because he understood he was bookending his presidency. Bookending his professional life….In such a moment, a watch guy would want the watch that means the most to him because it was given to him by the most important person in his world.”

Kinda makes you want to tear up a little bit. You can get a more detailed look at Biden’s watches here.

Since this is our Saturday Soother, where we try to let go of the possibility that Trump will dump Vance for Nikki Haley, let’s close with some music that’s appropriate to Biden’s speech. You may remember when in 2015, the cast of Hamilton performed at the White House. At that time, Christopher Jackson (who played George Washington) sang “One Last Time” along with Lin Manuel Miranda. That night, the audience included Joe Biden. Here’s the video of that performance:

It’s impossible to watch this with all we know now, without wondering what Biden was thinking when he watched George Washington’s farewell from Hamilton.

Let’s leave the final words to JV Last:

“The first Baby Boomer president decided that the presidency was all about him….Bill Clinton was a successful president. But along the way he disgraced the office and clung to power with…self-importance that progressed from unseemly, to destructive, to pathological.

He set a standard that other politicians would soon follow—the ne plus ultra being Donald Trump, whose desire to cling to power progressed from pathological, to criminal, to treasonous.

The lesson the Baby Boomer presidents taught us is that you must never give up. You should brazen it out. You can weather the storm. Any collateral damage caused by your refusal to yield power is just the price of doing business. Power, once grasped, should never be willingly surrendered.”

For what it’s worth, Biden, like Wrongo, is a member of the Silent Generation. He’s not a Boomer. Biden has returned America to a better path. He reminded us that there is honor in letting go. That the true patriot yearns to see his country move beyond him.

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Cartoons Of The Week

Every cartoonist tried to pile on the “Biden’s too old” story this week. Some were ok, most were obvious and mean-spirited, including many depicting the First Lady as the power behind the throne, manipulating a doddering Biden.

Yesterday, Wrongo said that since the election will be determined by turnout of a very few votes in a very few states. He likes this question from Robert Kuttner: Do the Democrats have the energy to turn out enough voters for down ballot races? Will those voters also vote for the top of the ticket?:

“Think of it as reverse coattails. One impressive feat, especially since Trump’s election in 2016, has been a massive effort to increase the size and turnout of potential Democratic voters. Most of this has been done outside the institutional Democratic Party, though in a few states such as Wisconsin the party has been a major force.”

Better turnout on the Democratic side, especially among “low-propensity” groups, such as young people and voters of color, far more than trying to win over swing voters, was key to helping Biden win in 2020. It also allowed Democrats to do better than expected in the midterm elections of 2018 and 2022. It can work again.

On to cartoons. The last convention that Chicago hosted wasn’t a win for the Dems:

The fundamental question still isn’t resolved:

Memory problems exist my friends:

Heritage takes aim at you and me:

The only book Republicans won’t ban:

The one candidate with a mugshot:

The real question for November:

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The Democrat’s Dilemma

The Daily Escape:

Ledgewater, Cashiers, NC – July 2024 photo by Mark Krancer

Wrongo and Ms. Right have spent a great few days enjoying the company of kids and spouses. While the subject of the 2024 election was on everyone’s mind, it only occasionally broke through into whatever we were discussing at the time.

All the while, the chorus of media and pundits calling for Biden to step aside has continued. Back on June 30, Wrongo said this:

“The NYT has an editorial saying that Biden should stand down for the good of the country. Even though the idea has been rejected by Biden, that thought is alive and will play out over the next few weeks. And for better or for worse, it will largely gain or lose traction based on poll results…”

Over the July Fourth weekend, more Congress members and the Massachusetts governor called on Biden to cede the nomination. There also were reports that Sen. Mark Warner (D-VA) was organizing a group of Democratic senators to urge Biden to step aside.

What comes next? Biden will stay, or decide to yield to the pressure and go. And Biden or not, the media is going to harp on the shortcomings of whoever it is, no matter what. Here’s the Democrat’s dilemma:

In some sense, we are like online voters on a TV reality show. So far, the response by the leaders of the Democratic Party has been pathetic. They’re cowering in their offices and texting us for more money. This is the state of play in July 2024: We’re presented with a yes/no option for the presidential candidate, and are told to: a) send money and b) vote hard in November. In truth we have only limited agency when it comes to deciding on Biden or another candidate as the Democratic nominee.

Starting today, pressure will continue to mount, since Congress returns and the pols will get confronted by reporters asking what their positions are on Biden.

Paradoxically, Biden has narrowed Trump’s lead in key swing states, according to a new survey by Bloomberg/Morning Consult, published on Saturday: (emphasis by Wrongo)

“…Trump led…Biden by only 2 percentage points, 47% to 45%, in the critical states needed to win the November election. That’s the smallest gap since the poll began last October. Biden now leads Trump in Michigan and Wisconsin. He’s within the poll’s statistical margin of error in Arizona, Georgia, Nevada and North Carolina, and is farthest behind in…Pennsylvania.”

The poll also showed Biden narrowed the gap with independent voters, with Trump and Biden being tied at 40%. In a previous poll, Trump had led Biden by 44% to 36%. Here’s a visual from the survey:

This poll is the first comprehensive survey of the states most likely to decide the outcome in the Electoral College since Biden’s debate disaster on June 27. They surveyed 4,902 registered voters in seven swing states: 781 registered voters in Arizona, 790 in Georgia, 694 in Michigan, 452 in Nevada, 696 in North Carolina, 794 in Pennsylvania and 695 in Wisconsin. The surveys were conducted online from July 1 to July 5. The statistical margin of error is plus/minus 3 percentage points in Georgia and Pennsylvania; 4 percentage points in Arizona, Michigan, North Carolina, and Wisconsin, and 5 percentage points in Nevada.

The poll showed that Trump also has hurdles to overcome: Some 62% of voters said he’s dangerous, an increase from 59% in February. That comes after the NY jury found him guilty on 34 counts of falsifying business records.

And what happens if Biden steps aside?

The only viable replacement for Biden at this point is VP Kamala Harris. Wrongo’s informal surveys over the past year showed very little support for her, although there is zero reason to think that Democrats would vote against her in a two-way race vs. Trump.

And replacing Biden with Harris would remove the concerns about Biden’s age and mental sharpness. Maybe there would be new concerns, but we’d know for a fact that the age/capacity concerns held by many moderate/swing voters and many in the Democratic party would disappear.

Thinking about Harris:

Recent polls suggest Harris might do better than Biden against Trump, although it could still be a tight contest. A CNN poll released on July 2 found voters favor Trump over Biden by 49% to 43%. Harris also trailed Trump, 47% to 45%, but within the margin of error. It also found independents back Harris 43%-40% over Trump, and moderate voters of both parties prefer her 51%-39%.

A Reuters/Ipsos poll also taken after the debate found Harris and Trump were nearly tied, with 42% supporting her and 43% backing him. The Reuters/Ipsos polls typically have a margin of error of about 3.5 percentage points.

For Democrats, the answer to the dilemma is deciding about risk management. It’s clear that all polling suggests that Biden will face a very tough uphill battle to beat Trump in November. It’s unclear whether Harris would do better. So Dems are dealing with the devil you know vs the devil you don’t.

And many Dems are genuinely concerned that they can’t win with the devil they know, and so want to take a risk with the devil they don’t really know.

There are plenty of ways to think about this. Sports fans know that no one looks down on the great athlete who loses to Father Time. They only look down on an athlete who hangs on too long. Dems are no longer fighting just a story about Biden being “old”. It’s become about Biden losing control, and Americans don’t like that kind of story at all.

A Harris-lead ticket could change the conversation, adding stories about women, young people, people of color, and critically, how Americans have had to adjust in the face of change and disruption. Many voters could rally to that story. The Party faithful could build coalitions around it.

With the exception of Biden himself, Harris has served in elected office – as a district attorney, state attorney general, senator and vice-president – longer than any Democrat elected to the White House in Wrongo’s lifetime, except for LBJ. And as a former prosecutor, she can make the case against Trump, a convicted felon.

Finally, think about a Harris/Shapiro ticket: PA’s governor Josh Shapiro has consistently logged high approval ratings. This is the crucial swing state that the Democrats have to win to keep Trump out of the White House.  A January Quinnipiac University poll showed Shapiro had a 59% job approval rating, including 36% of Republicans who said they approved of his job performance, compared to Biden’s 40% overall approval rating in the state.

Time to wake up, America! We’re in that crucial period between Trump’s first coup attempt and his second. The Democrats’ dilemma must be solved ASAP. To help you wake up, watch and listen to Coldplay perform their big hit “Fix You” live on June 29, 2024 at Glastonbury 2024.

You will note Michael J. Fox joining the band onstage, playing guitar from a wheelchair. If you watch at 3:01, he does a kick that launches the crescendo in the song. European audiences are the best.

This video captures different people, different nationalities, different beliefs, collectively enjoying and engaging joyfully. No hate, no violence, just pure emotion.

Sample Lyrics:

When you try your best but you don’t succeed
When you get what you want but not what you need
When you feel so tired but you can’t sleep
Stuck in reverse

When the tears come streaming down your face
When you lose something you can’t replace
When you love someone but it goes to waste
Could it be worse?

Lights will guide you home
And ignite your bones
And I will try to fix you

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We Must Resist This Extreme Court

The Daily Escape:

Broad-tailed hummingbirds mating, northern CO – June 2024 photo by Hilary Bralove. This is what John Roberts and his radical Conservative associates are doing to American democracy.

“What is the essence of America? Finding and maintaining that perfect, delicate balance between freedom ‘to’ and freedom ‘from’” –Marilyn Vos Savant

The American colonies fought to get free from a king who ruled with absolute power. And on Monday, once again in America, the Supreme Court (SCOTUS) in substance overthrew the American Revolution by saying that any US president could have the rights of a modern-day king, broadly immune from prosecution under the law for his/her acts.

This betrayal of the American revolutionaries, Founders and Framers was delivered in an opinion by Chief Justice John Roberts on behalf of the Conservative radicals who make up the majority of the SCOTUS. It hurts even more because it is designed to protect the most corrupt and dangerous person to ever hold the office of President of the US. Looking at the opinion, it becomes clear that the Conservative majority is more concerned with concentrating power in the hands of the president than in how a president might abuse that power.

This usurping of power is not implied anywhere in the Constitution, nor implied by the centuries of precedent in opinions by the SCOTUS. For you fans of Originalism, remember this, written by historian Joseph Ellis in 2018: (emphasis by Wrongo)

“Most members of America’s founding generation would have regarded this situation as strange. If you read the debates among the delegates at the Constitutional Convention of 1787, and then read their prescriptions for judicial power in Article III of the Constitution, it becomes clear that the last thing the 39 signers of the document wanted was for the Supreme Court to become supreme.”

Bu real power in this country no longer lies in the People. It now resides at the Supreme Court.

For generations, doomsayers have warned us about the imminent collapse of the American republic, not by outside forces, but by inside elements gnawing at the nation’s gut like a cancer. Watch out for the Communists. Watch out for the foreigners swarming our borders. Watch out for leftists. Watch out for the Jews. Watch out for the Muslims. Watch out for rock and roll. Watch out for Disney.

Now the US as we knew it is tottering. But the collapse wasn’t caused by any of those things. It was caused by radical ideologues who knew how to pervert the very mechanism that was supposed to ensure the stability of American democracy: Its system of checks and balances. You know, the three branches of the federal government empowered to crack the whip on each other, and all of them answerable to The People. But for all their wisdom, the Founders were unable to foresee that two centuries on, there would be plotters and schemers who found a means to exploit the chinks in the wall. And possibly to bring the whole thing tumbling down.

We’re talking about the fallout from the SCOTUS 6-3 decision in Trump vs. US. As Heather Cox Richardson (HCR) noted:

“This is a profound change to our fundamental law—an amendment to the Constitution…”

Here’s a brief summary by Robert Hubbell: (Emphasis by Hubbell)

“Today, the Supreme Court invented a rule (found nowhere in the Constitution) granting presidents immunity from criminal prosecution as follows:

Core presidential functions are absolutely immune (“conclusive and preclusive”), for example, when granting pardons.

Official acts are preemptively immune from criminal prosecution for a president’s acts within the outer perimeter of his official responsibility—which is almost anything tangentially related to the president’s enumerated powers

Evidentiary rules. The Court also imposed two evidentiary rules on prosecutors seeking to navigate the above two rules:

A prosecutor may not use official acts as evidence in a prosecution of unofficial acts.

A prosecutor may not examine a president’s motives in attempting to distinguish between official and unofficial acts.”

HCR reminds us that at his confirmation hearing in 2005, now–Chief Justice John Roberts said:

“I believe that no one is above the law under our system and that includes the president. The president is fully bound by the law, the Constitution, and statutes.”

But he’s now changed his mind. Roberts’ opinion went even further than Trump had requested. And instead of reciting what the SCOTUS has now allowed the president to do without fear, let’s take a look at how we got here:

  • A jury found that Trump committed 34 felonies to help win in 2016.
  • After committing those crimes, once he took office, Trump then appointed three Supreme Court justices.
  • Those justices then delayed efforts to hold Trump accountable for allegedly committing more crimes to hold onto power after losing the 2020 election.
  • Now, those same justices support the idea that Trump enjoys absolute immunity for “official acts”—thereby drastically weakening efforts to hold Trump accountable.

One Constitutional flaw the founders left us is the Electoral College (EC). Its original purpose was to advance the interests of slaveholders. And while we no longer have slaveholders, their spiritual descendants now control the Supreme Court.

While the EC was supposed to safeguard against the “tyranny of the majority”, it has instead promoted the tyranny of the minority. The EC allowed the Supreme Court to be hijacked by authoritarians. Five of its current members were appointed by presidents who lost the popular vote, and another who helped one of those popular vote losers, GW Bush, ascend to the Oval Office. That is Clarence Thomas, also married to a conspirator in the Jan. 6 insurrectionist plot.

This has cost us control of our politics and our courts. Control is now held by a minority, supported by some technocrats in the middle, and enabled by the apathy of most of the rest of us.

Worse, those in the current minority are extremists. The Supreme Court is now no different from the Senate: An explicitly partisan, supra-legislative body that, because of the EC, has a built-in bias for the rural party.

It took just eight years for a game show host who was unable to win a plurality of the vote to expose our entire political order as rotten and decayed. He demonstrated that the impeachment mechanism was a dead letter and then got the Supreme Court to declare that the president was, by definition, above the law.

How do we now save our Constitutional republic?

During this Fourth of July week, let’s remember that our common enemy is the partisan power of a partisan minority. This weekend is our opportunity to set a battle plan against that common enemy. That would be a plan to maintain control of Congress for the next two years. The Democrats are just five seats away from having majority control of the House of Representatives. It is a heavier lift to retain control of the Senate, but it isn’t beyond possibility. As Wrongo said the other day, focus on these seats may also help push Biden over the goal line. And even if it doesn’t, the incoming president Trump would be effectively blocked from implementing much of his agenda.

Ultimately, we need political power to dilute the power of this Extreme Court that has taken control of the duties of the other branches of government. If there’s a better argument for voting for Biden (or anyone else who’s not Trump) Wrongo doesn’t know what it is.

There is no option, we have to resist, no matter what. We have to fight.

At this difficult, traumatic time, we must convert the shock of this latest extreme judicial overreach into action, to achieve an overwhelming victory in November. Just as Dobbs fueled a massive turnout, so too should Trump v. US.

(This is Wrongo’s last column before the Independence Day holiday. The next column will be published on Monday, 7/8)

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Trump’s Running Mate

The Daily Escape:

Columbia River Gorge with Crown Point center right, WA – June 2024 photo by David Leahy Photography

Should we care who Trump selects as his running mate? NBC News now indicates the short list has been reduced to North Dakota Governor Doug Burgum, Ohio Senator JD Vance, and Florida Senator Marco Rubio. And Trump says he’s made the decision on who will be his next VP.

That seems to mean that New York Congresswoman Elise Stefanik and South Carolina Senator Tim Scott haven’t made the cut.

Sen. Rubio has made the cut, but faces a Constitutional issue, as it’s Constitutionally impermissible for Trump and Rubio to form a ticket if they are both residents of the same state (in their case, Florida). NBC News says that the campaign recognizes the hurdle this presents, but is of two minds about it. On the one hand, it quotes a Florida Republican operative saying:

“…if the residency thing was not an issue, I’m fairly certain Marco would be the guy.”

On the other hand, a source who has spoken with Trump about the running mate search is quoted as saying:

“…the residency factor is an issue that is easy to fix as long as Rubio relocates.”

This raises an interesting question about the residency requirements for a US Senator. It turns out that they must be a resident of the state they seek to represent at the time of the election, but not necessarily thereafter. So Rubio could move away from Florida without having to surrender his Senate seat. But he would have to re-establish Florida residency to seek a new term as Senator.

If he were the selected VP, whatever effort he made to establish residency in a new state between now and November would certainly be challenged in court. But who knows if the Supreme Court would: a) hear the case; or b) decide in Rubio’s favor?

One reason Wrongo hasn’t given much thought to who Trump will choose is that it’s unlikely to make that much of a difference. The contest isn’t between VP Kamala Harris and one of these three Trump boys. It’s going to be a yes or no vote on Trump.

Usually the VP selection helps the presidential candidate in his/her home state. In the case of Rubio and Vance, they’d potentially help, but Trump is already heavily favored to win in both Florida and Ohio. And if he needs a boost from Bergum to win in North Dakota, he’s done before the race begins.

Rubio might provide Trump a boost with certain Latinos. The base will love Vance and they’ll tolerate Burgum. So the choice probably comes down to who is more likely to break laws if Trump asks them to.

None of these candidates should strike fear in the heart of the Biden campaign. Vance would be the worst simply because choosing him doubles down on white nationalism. Rubio has dealt in a serious way with the agencies of the executive branch for long enough that he could serve as a fill-in president without falling on his face. Maybe the same is true of Burgum, who has relevant executive experience from running North Dakota.

Time to wake up America! The presidential election is ramping up, just when you would prefer to go on vacation! Sadly, Biden needs whatever you can do to help turn out voters, and to help in swing states in particular.

To help you wake up, watch and listen to Willow Smith and her group perform “Symptom of Life” for NPR’s Tiny Desk Concert. She’s the daughter of Will Smith, but she’s got enough talent that you’re going to forget about her family tree.

And yes, you’re counting meters in seven here. The tune alternates between a 7/4 verse and a 4/4 chorus, while sounding fresh and natural:

The concert is nearly 20 minutes long. Wrongo picked the first tune, but you can listen to all of them or a few if they tickle you fancy. Pop music could sound a bit like jazz in a few years.

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The Pro-Abortion Political Movement

The Daily Escape:

Artichoke blossom, Imperial County, CA – June 2024 photo by Paulette Donnellon

The repealing of Roe v. Wade via the Dobbs decision has helped create a dynamic new political movement: A revolt of millions of Americans (predominantly women) who think government has no business inserting itself into a woman’s personal decisions. This is going to be an important factor in the 2024 elections as it was in 2022.

The Economist says that only:

“….ten thousand women eligible to vote in this November’s elections were born before women won the right to vote. In the century since then, American women have steadily accumulated rights. In the 1960s the contraceptive pill let women choose how many children they had. In the 1970s no-fault divorce laws and Roe v Wade gave women more choices that had been denied to their mothers. This progress seemed irreversible, and was often taken for granted.”

Then it was time for the Trump-appointed Conservative Supreme Court majority to do what it had been hired to do: Overturn a woman’s right to an abortion. More from The Economist:

“A third of American women aged 15-49 now live in states where abortion is either illegal or impossibly restricted.”

These people are leading the biggest voter rebellion since the Tea Party movement in 2009.

Surprisingly, the number of abortions in the US has risen slightly since the Court’s decision, mostly due to the availability of the drug Mifepristone, which can be prescribed by mail. Medication abortions now account for about 63 percent of pregnancy terminations nationwide. The legality of Mifepristone is also currently under review by the same six Conservative justices. That decision could come down as early as today, and certainly by early July.

What a country! Americans have grown used to the idea that every spring, we wait for 9 unelected government officials with lifetime jobs to tell us what kind of country we’re going to live in. Elections should serve this purpose, and we the people should be doing the telling.

But that revolution remains in our future. What is part of our present is an attempt by House Democrats to force a vote on codifying the right to birth control access nationwide. From the NYT: (brackets by Wrongo):

“The [Democrat’s] maneuver, through a procedural move known as a discharge petition, is all but certain to fail for lack of Republican support, but that is by design. It is part of a broad election-year push by Democrats to highlight Republicans’ record of opposing abortion rights and other reproductive health choices that voters fear will be stripped away following the fall of Roe v. Wade.”

The Senate Democrats also plan to force a vote on an identical contraceptive access bill, which once again, Republicans are expected to block. This coordinated push shows that Democrats regard access to abortion and contraception options as a key issue that will show a contrast with Republicans this fall.

We’ve seen that the Dobbs decision caused an immediate political reaction. Six states have held referendums on abortion, and in all six, the abortion rights side prevailed. A potential problem for anti-abortion Republicans is that referendums to legalize abortion could be on the ballot in up to 16 more states.

Abortion rights campaigners already have enough signatures to get on the ballot in a few states, including Florida. That state is crucial because it was the abortion destination for many women in the South until May 1st, when it outlawed most abortions after six weeks. If the Florida initiative passes, abortion will be legalized up to the point of viability, roughly 24 weeks. Democrats vainly hope the issue has put Florida in play in the presidential election, although it must pass by 60% to become law. It can easily impact the elections in Arizona and other states. More:

“In only two of the six states that have held referendums, California and Vermont, did the abortion-rights side get such a large share. When Michigan held its referendum in 2022, 57% voted in favor of protecting abortion even though 63% broadly supported the procedure, a rate similar to Floridians.”

That means we’re in the middle of a vast political battle that parallels the presidential battle. Outside groups are pouring tens of millions of dollars into competitive House districts to amplify the message. The main super PAC supporting House Democrats last month announced a new $100 million fund focusing on abortion rights in swing districts.

And the group Americans for Contraception plans to spend more than $7 million on television and digital ads, targeting Republicans in the Senate who vote against the bill and House members who do not sign the petition.

A few voters could be pulled away from the Republicans. More from The Economist: (emphasis by Wrongo):

“The midterm elections in 2022 hinted at that….Although only 14% of registered Republican voters were upset about the Dobbs ruling, a quarter of that group voted for a Democrat in their House district…. Republicans and independents who saw abortion as an important issue were more likely to vote for Democrats in 2022 than two years earlier.”

That equals 3.5% of Republicans, and may be among the reasons a predicted “red wave” lifting Republican candidates failed to appear in 2022.

Republicans are in a bind on reproductive rights. They can’t reconcile their Party’s hard-line policies on women’s health and they’re out of step with the vast majority of the country. Despite that, they continue to try to tuck anti-abortion policies into pending legislation.

However the 2024 elections pan out, the anti-Dobbs movement represents something different in US politics. Unlike the Republicans, it isn’t a group of keyboard warriors vying for attention or grift online. Instead it’s people giving up their weekends and evenings to try to persuade their neighbors about an idea they hold deeply.

And it isn’t simply a political cause about a single issue. It’s many issues: The right to live, the right to privacy for medical procedures, the right to not be forced by the state to undergo unnecessary physical or mental injury.

Like most successful revolutions, it’s participatory and local. It is how democracy in America was designed to work. Help it succeed in November!

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