New DOJ Filing In Trump Case

The Daily Escape:

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

(The Wrongologist is taking the next few days off to bask in the last days of summer. Unless something major requires his return to the internet, Wrongo will publish again starting on September 6. Enjoy your Labor Day break!)

 

“He that cannot obey cannot command”  ̶  Benjamin Franklin

Perhaps you have been following the Mar-a-Lago (MAL) saga in which the FBI under an approved search warrant, removed government-owned secret and top secret documents from MAL. That search occurred after two prior attempts (Jan. 17 and June 3) by the US government to get Trump to return documents in his possession. Unsurprisingly, Trump was less than fully cooperative, and after the second attempt, said all documents had been turned over when they hadn’t.

The search has led to a war of words by Trump and Republicans against the FBI and the DOJ. It has also led to a legal back and forth between Trump and the DOJ. Most recently US District Judge Aileen M. Cannon has said she may appoint a special master to review the seized documents. That would be a win for Trump. She gave the DOJ until last Tuesday to explain why she shouldn’t do that.

The DOJ replied in a filing that included a photo of secret and top secret SCI documents found in Trump’s office. It shows files labeled “Top Secret” with bright red or yellow cover sheets, spread out over a carpet. The files were found inside a container in Trump’s office, and apparently, the FBI spread them on the floor to capture the extent of the secret material. The DOJ filing calls this a “redacted FBI photograph of certain documents and classified cover sheets recovered from a container in the ’45 office’”:

Close examination of one of the cover sheets in the photo shows a marking for “HCS,” a government acronym for systems used to protect intelligence gathered from secret human sources. Also, imagine thinking that carpet looks appropriate for an office.

Taking a picture that includes the easy to identify carpet lets the FBI show where they found the documents.

Regarding obstruction, the DOJ’s filing also revealed the text of a written assurance given to the DOJ by attorney Christina Bobb, Trump’s “custodian of records” on June 3. It says that Trump’s team had done a thorough search for any classified material in response to a subpoena and had already turned over any relevant documents.

That’s clearly untrue. According to the WaPo, the filing says: (emphasis by Wrongo)

“When agents conducted their court-ordered search on Aug. 8, they found material so sensitive that even the FBI counterintelligence personnel and DOJ attorneys conducting the review required additional clearances before they were permitted to review certain documents…”

The filing also says that the DOJ believes that documents at MAL had been likely moved and hidden. The search there on Aug. 8 found twice as many classified documents as Trump’s lawyers had already turned over voluntarily, despite promising they had returned everything.

One detail in the DOJ filing is that the search team found that some of the secret documents were co-mingled with Trump’s passports. That’s evidence of Trump’s active role in keeping/hiding them.

It gets worse. Scott Stedman explains what we’re looking at.

“The image is actually quite telling. The secret/top secret documents found in Trump’s office have a ‘TK’ classification which stands for TALENT KEYHOLE aka secret intelligence from spy satellites and planes.”

This means that Trump had super-secret spy technology and intelligence from human sources in his office desk at MAL.

As Wrongo has said, the government’s intelligence services have to assume that many of its sources are blown, even if they’re not. That makes Trump’s obstruction of holding on to documents he wasn’t entitled to, a National Security disaster. It isn’t an exaggeration to say that covert intelligence assets of the US won’t trust the CIA for many years.

Trump was the US Commander-in-Chief. He had access to the nuclear football. He took classified materials that were necessary to the job of president from the White House and stored them in his office closet and the desk drawer at his resort.

Wrongo is publishing this prior to learning the outcome of the hearing with Judge Cannon on Thursday. It’s unclear how she will rule on the Trump request for a special master, but the DOJ filing contains sufficient information for them to appeal if they receive a negative decision.

Trump has had more “this-time-he’s-gone-too-far” moments in the last six years than can be counted. So far, he’s escaped. It could well be that his future is as messy as that pile of documents found at MAL by the FBI. His belief that he is above the law is about to be tested.

But don’t get your hopes up, and yes, pass the popcorn.

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More On Student Loan Forgiveness

The Daily Escape:

Death Valley dunes, CA – August 2022 photo by George Cannon

At a dinner party over the weekend, blog reader Marie S. said that she felt ambivalent about Biden’s loan forgiveness plan. Several others (some were Democrats) echoed her viewpoint.

Republicans have attacked it because they’re desperate to change the subject from the extremist abortion position that they’re now trying to rapidly back away from. They’re also desperate to keep Trump off of the front page. With the loan forgiveness, they see an opportunity to excite their base and divide the Dems.

Wrongo agrees that there are things to dislike and also things to like about the plan. The major thing not to like is something that the Biden administration isn’t in a position to control: The high cost of higher education. Many say that it will be business as usual for our colleges and universities, with loan forgiveness needing to happen every ten years or so.

The cost of higher education is out of hand when we look at the growth in the cost of college and fees compared to the US consumer price index (CPI):

The chart shows that the cost of college is up exponentially more than CPI over the past 40+ years. For any child not born to affluent parents (or getting a hefty scholarship), the choice is foregoing college or taking on a ton of student debt.

Dealing with the increase in college costs isn’t something that the US government can do easily, if at all. We’re talking about a broad spectrum of privately owned institutions and an array of institutions owned by individual states. Biden has got zero power to flatten the cost curve.

Also, nothing is being demanded of the banks who made questionable student loans or the schools who gave students unrealistic information about their future earnings prospects, inducing them to commit to school.

One change that Biden could have made would be to make student loans dischargeable in bankruptcy, as they were before the 2005 bankruptcy “reform” that then-Senator Biden helped push through Congress.

Businesses that make bad decisions get to restructure their debts and carry on. Individuals who have a run of bad luck (big medical bills or job loss) can file for bankruptcy, but students cannot. Why should college debt be carved out as not dischargeable in bankruptcy?

The program’s means-testing could have been tighter. The $125k (individual) and $250k (for married couples) income caps do seem high considering those levels of earnings puts you in the 76th and 94th percentile of earners respectively. OTOH, it sounds worse than it truly is. See this chart:

Wrongo also doesn’t like the fact that the government is still charging high interest rates on student loan debt. The average interest rate for existing borrowers under the program is 5.8%. A 5.8% interest rate on the $1.6 trillion of outstanding student debt equates to $93 billion a year in interest payments if all of those people were paying back their loans. Much of that big number could stay in borrowers’ pockets at a lower interest rate.

Finally, the US government owns 92% of all student loan debt. Why does the government need to make so much money on this debt? Wouldn’t a lower rate be a good investment to make for future generations of workers?

Wrongo does like that younger people are finally being helped out by our government. Pundits complain young people don’t get out and vote. Maybe that’s because politicians don’t help young people enough.

It feels like the government has ignored people under 40 in favor of the Boomers and corporations. Today’s young people have much higher costs for essentials: Their student loans, daycare, healthcare, their cost of housing, all are much more than previous generations had to deal with.

Wrongo does like the possible psychological benefit this could give people who felt like they were stuck. The White House estimates that more than 43 million people will qualify for loan forgiveness. Wrongo thinks that the majority of these 40+ million people are overjoyed by this news. His narrow survey of college age grandchildren shows them to be deliriously happy.

And most borrowers will likely experience some psychological relief along with their financial relief. It may allow some people to buy a home sooner than expected. Or get married or start a business. Or just stress a little less about money.

On balance, given the good and the not-so-good, Wrongo thinks the program is a good idea.

In the meantime, the politics bear watching. Republicans are trying to stoke jealousy, and they might succeed. Republicans don’t agree that this relief should take place. But every complaint makes it clear why Biden was right to do this.

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Saturday Soother – August 27, 2022

The Daily Escape:

Super moon over Lake Champlain, Burlington, VT – August 2022 photo by Adam Silverman Photography

Republicans are outraged this week about Biden’s cancellation of student loan debt! Americans now owe a total of more than $1.6 trillion for higher education. From the WaPo: (emphasis by Wrongo)

“The result is one of the most significant changes to American higher education policy in decades — and a new cornerstone of the president’s economic legacy. Biden’s decision will dramatically change the financial circumstances of tens of millions of Americans, fully erasing the student loans of roughly 20 million people.”

Student debt played a minor role in American life through the 1960s when Wrongo accrued his $5k of college debt while attending Georgetown. But it increased during the Reagan administration. It then shot up after the 2007-2009 Great Recession as states made huge cuts to funding for their college systems.

But the argument that “tuition has gone up because public support for higher education has declined” isn’t the only one. While it’s valid for some institutions, it doesn’t explain the “arms race” among colleges and universities to add student amenities and layers of administrative staff over the past 10 years.

Over the last decade, revenue at independent (non-religious) private colleges and universities in the US has increased by 148% on an inflation-adjusted (real) per student basis. At religiously affiliated private colleges and universities revenue has increased by 87% in real per-student terms over the last 10 years.

Meanwhile, at public institutions, revenue has increased by just 23.4% on the same basis. However, this is still 36% greater than per capita GDP growth over the same 10 years.

The headline is that our elite educational institutions have gotten obscenely wealthy. And many of our second tier institutions chased after them, causing education budgets everywhere to explode.

It’s become another example of America’s new gilded age.

Opinions differ about the ethics of loan forgiveness for student debt, and that’s understandable. The general thrust of the Republican railing about the educational loan forgiveness is about how unfair it is when one group of Americans is getting a benefit at the cost of other Americans.

This tweet from former Trump White House press secretary Sarah Huckabee Sanders is on point for most of the GOP:

“Joe Biden wants those who didn’t go to school, didn’t take out loans, or already paid off their loans to pay off $300 billion of other people’s debts…..It’s socialism, it’s un-American, and only makes his record-setting inflation worse.”

But it isn’t socialism when our government bails out one group at the expense of another; it happens all the time. No Republican complained about the Trump tax cuts which were directed at America’s wealthy and its corporations. No Republican complained about the bank bailout in 2008. No Republican objected when Trump gave $16 billion to farmers hurt by the Trump tariffs.

Second, despite what the GOP is saying, the $300 billion in loan forgiveness isn’t inflationary. It’s true that it’s money that student borrowers won’t be paying back. But because of the student debt moratorium, they had already stopped payments in 2020, so there’s no change going forward. They simply won’t have to restart making payments on that $10,000 of debt.

It isn’t clear that there will be much impact to inflation or the Consumer Price Index. Since they weren’t making payments, it’s likely they were already spending those funds that might have gone to loan repayments. So no new spending.

We can have a debate about how much higher education should cost per student. We live in a society that is a whole lot wealthier than it was 40 years ago, but many of our students do not come from those few wealthy families.

The political calculus of Biden’s decision will be seen in November. The WaPo reported that a majority of Americans support limited debt forgiveness. Biden’s pollster, John Anzalone said:

“This is a motivator for young people….It’s a huge issue for young people — the support levels for them are in the high 60s.”

Let’s hope they turn out to vote on November 8.

Now, it’s time for our Saturday Soother, where we decompress from another week of body blows to America and find a few moments to gather ourselves for the week to come.

Here on the Fields of Wrong, we had a day of very satisfying brush clearing although we’re still waiting for rain.

Go get a big mug of decaf cold brew coffee and grab a chair in the shade. Now listen to Schubert’s “Impromptu in G flat Op. 90 No. 3”, written in 1827, and played here in 2012 by Olga Jegunova at the Bishopsgate Institute in London:

Schubert really understood how to capture emotion in his music.

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Louisiana Denies Flood Control Funding to New Orleans

The Daily Escape:

Sunset, North Plains, OR – August 2022 photo by David Leahy Photography

Wrongo and Ms. Right are streaming “5 Days at Memorial” a dramatization of the tragedy at a downtown New Orleans hospital after Hurricane Katrina. It’s adapted from the 2013 book “Five Days at Memorial: Life and Death in a Storm-Ravaged Hospital” by Sheri Fink. Ms. Right highly recommends the book.

It is difficult to watch something when you already know the outcome is a terrible loss of life. Hurricane Katrina happened in 2005, some 17 years ago. When we visited New Orleans three years ago, damage was still visible in parts of the city.

So imagine Wrongo’s surprise to read that the state of Louisiana is withholding nearly $40 million in funding for flood control in New Orleans: (brackets by Wrongo)

“[Louisiana] Attorney General Jeff Landry successfully pushed [the State Bond Commission] commissioners to withhold the funds as punishment, after the New Orleans City Council passed a resolution asking law enforcement officers not to enforce Louisiana’s near-total abortion ban…”

Yesterday, Wrongo quoted Dan Pfeiffer who said: (emphasis by Wrongo)

“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.”

The Dem’s performance in Tuesday’s primaries showed that Pfeiffer may be right, as many Democrats outperformed in swing districts. And what’s happening in New Orleans is another example of Republican extremism around the Dobbs decision. From Salon:

“The New Orleans City Council on July 7 passed a resolution in which local policymakers proclaimed their support for reproductive healthcare access and asked police, sheriff’s deputies, and prosecutors not to… enforce Louisiana’s draconian prohibition on abortion…”

That led to the state’s Bond Commission voting 7-6 to defer a motion to approve flood prevention funding until next month. CNN reported that this was the second time in two months that the panel rejected financing for a $39 million project that is meant to pay for drainage pumps critical to protecting New Orleans from flooding.

The Louisiana AG Landry sent a letter urging the bond commission to:

“…defer any applications for the City of New Orleans, Orleans Parish, and any local governmental entity or political subdivision under its purview….Any other funding that will directly benefit the City of New Orleans…should also be paused until such time as the council, mayor, chief of police, sheriff, and district attorney have met with and affirmed that they will comply with and enforce the laws of this state and cooperate with any state officials who may be called upon to enforce them.”

New Orleans mayor, LaToya Cantrell told CNN that she is unwilling to budge on abortion and criticized Landry and other Republican members of the bond commission for endangering public health by holding flood mitigation funding hostage:

“We cannot afford to put politics over the rights of people, and particularly safeguarding people from hurricanes and other disasters, because we are on the front lines of climate change…”

Republicans used to favor local control. They always say federal policies shouldn’t apply unless the states agree. Now they’ll only say that if it’s politically convenient. This is political blackmail, not simply politics.

The sad part is how short sighted it is. This Landry guy and his Republican supporters who live outside of New Orleans think this can’t harm them. But, how long has it taken Louisiana to recoup all of its losses from Katrina?

And this bad behavior is becoming normalized. It happened in Texas’ Harris County when Houston was denied funds related to 2017’s Hurricane Harvey until recently. In Houston, the funds were not denied due to the abortion issue, but for other political reasons (including voting rights). Texas’s decision matrix favored more sparsely populated areas and areas with higher property values, which worked against Houston and Harris County, Harris County is a Democratic stronghold in a very Red State.

This kind of blackmail won’t go away unless fair-minded people win these important state offices, like attorney general and secretary of state.

Democrats need to hold the US House and Senate in November and retake the Presidency in 2024. If not, we will have failed to meet the moment. The defense of our previous political wins must be a constant goal in the game.

The 2022 and 2024 elections are America’s political endgame. And right now, it’s unclear how it’s going to play out.

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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.

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Monday Wake Up Call – August 22, 2022

The Daily Escape:

A new day at Jockey’s Ridge SP, Nags Head, NC – August 2022, photo by Crystal Calla Photography.

There’s trouble in the Republican Party. They’ve believed the pundits who said that the GOP had a lock on the November mid-terms, but with terrible Senate candidates, along with the Dobbs decision and Biden’s legislative comeback, things are getting very tight. From the WaPo: (brackets by Wrongo)

“Republican Senate hopefuls are getting crushed on airwaves across the country while their national campaign fund is pulling ads and running low on cash….In a highly unusual move, the National Republican Senatorial Committee [NRSC] this week canceled bookings worth about $10 million, including in the critical states of Pennsylvania, Wisconsin and Arizona.”

Sounds serious. The NRSC has had a record fundraising year, bringing in $173 million so far this election cycle. But they’ve burned through much of it. The NRSC’s cash on hand was just $28.4 million at the end of June.

Republican spending has been augmented by Mitch McConnell’s super PAC, which announced a $28 million rescue effort in Ohio, where Republican candidate JD Vance has raised only $1 million in the second quarter and has spent less than $400,000 on ads.

McConnell’s super PAC also moved up by three weeks its spending in Pennsylvania, adding another $9.5 million, for a total of $34 million. The Democratic Senate candidate John Fetterman, is building a lead over the Republican candidate, Mehmet Oz.

Many of this year’s Republican Senate candidates haven’t run for office before and have had to deal with nasty and expensive primaries that crushed their favorability ratings. A string of recent polls show Republican candidates in many battleground states trailing, or in toss-up races with well-funded Democratic opponents. From Charlie Pierce: (parenthesis by Wrongo)

“There’s a pretty good chunk of evidence that the Republican Party is currently very nervous about its chances in this year’s elections for the US Senate. When a party’s C47 flies over your state and dumps a massive payload of cash-like ordnance…(you know you’re in trouble).”

The Republicans suddenly have to start using money they’d earmarked for propping up people like Vance, as life support for the campaign of North Carolina’s Senate candidate Ted Budd, who’s in a dead-heat election with Cheri Beasley. Budd’s public statements on a violent insurrection are likely to cause any thinking Republican voter to stay home.

Republicans have climbed back into a familiar box. In 2010, the Republicans blew a chance to take the Senate because they couldn’t resist nominating terrible candidates. For example, Sharron Angle in Nevada suggested that a teenage victim of rape shouldn’t get an abortion but make a “lemon situation into lemonade.” Christine O’Donnell in Delaware finally had to say she wasn’t a witch.

Besides Vance, Republicans this year couldn’t stop themselves from nominating Herschel Walker in Georgia. They also are defending the indefensible incumbent Ron Johnson in Wisconsin, who in a Marquette University Law School poll, is seven points behind the Democrat Mandela Barnes.

While the odds of Democrats holding the Senate are improving, it is still more than possible that some or all of these Republican candidates could be sitting in the Senate next January. It’s certainly possible that big money Republicans will ride to the rescue of their terrible candidates.

And that’s the point. For the GOP, the worse the candidate, the more the Party’s true believers embrace them. That’s how they prove they’re true believers. Eventually, (hopefully already?) this will reach the point of diminishing returns.

Are we there yet? Can we get there before our democracy crashes and burns is the real question.

Time to wake up America! It’s our job to deliver more than 50 seats in the Senate to the Democrats! There are 35 US Senate seats up for election in 2022, of which 14 are held by Democrats and 21 by Republicans. Democrats need to hold serve, and win two-four more!

We have an opening with the GOP choosing shitty candidates and spending their ad money frivolously. But it means Democrats must turn out in large numbers in all of these elections, from Warnock in Georgia to Fetterman in PA, to Barnes in Wisconsin. And don’t forget Mark Kelly in AZ, and Catherine Cortez Masto in NV.

To help you wake up, watch, and listen to “Lily Was Here” performed by saxophonist Candy Dulfer and the Eurythmics’ Dave Stewart. Written by Stewart, it was the title track to a 1989 Dutch film called “De Kassiùre, (The Cashier).” Here it is performed live by Stewart and Dulfer in 1989:

Dulfer was born in the Netherlands. She’s the daughter of saxophonist Hans Dulfer and started to play the soprano saxophone at age six. She’s very very good.

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Tuesday Wake Up Call, Voter Fraud Edition – August 16, 2022

The Daily Escape:

Monsoon season, Sonoran Desert, Tucson, AZ –  August 2022 photo by Rene Martinez

The November mid-term election is 12 weeks away. Some Republicans who do not accept our country’s democratic tenets are focusing on getting elected in the battleground states in an effort to energize a future coup. From the WaPo:

“…in the six critical battlegrounds that ultimately decided the 2020 presidential contest, where Trump most fiercely contested the results…..Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin, at least 54 winners out of 87 contests — more than 62% of nominees — have embraced the former president’s false claims.”

As an aside, reporters must stop using the term “election deniers”. It doesn’t convey what these Republicans believe. They know Trump lost, but they tried to steal the 2020 election anyway.

And they’re promising to steal the next one. These people call the government their “enemy”. Now, they’re calling for violence against the FBI. They say our elections can’t possibly be fair, yet they’re doing all they can to make them less fair.

There are many tools in the GOP tool kit to help a state create election-related chaos. They could decertify voting machines or block the electronic counting of ballots. They could empower their legislatures to determine how many of a presidential candidate’s votes are actually counted.

The GOP says that our local electoral processes and voting machines are highly suspect. In 2020 we saw Republican efforts to find voter fraud in several states, all of which failed. Still, in 2022, the GOP persists in saying there are voting machines that flipped votes in 2020 from Trump to Biden.

The gold standard for voting in America is hand-marked paper ballots. They leave a paper trail that is hard to challenge. Today states (including Connecticut where Wrongo votes) use digital scanners to read those hand-marked ballots. The machine tabulators can be checked before voting for accuracy and ballots can be re-scanned in random precincts afterwards to verify totals, along with hand counts.

Verified Voting a non-partisan firm that promotes the responsible use of technology in elections, rates the integrity of voting machines at the county level throughout the US. They have an interactive US map that allows anyone to check the quality of the voting machines in their county. Here’s a screenshot image of that interactive map:

You should go to the interactive map for greater detail. The green portion of the map represents the 69.2% of US registered voters that use highly reliable hand-marked paper ballots. The yellow portion of the map represents the 23.4% of our registered voters that use mostly reliable Ballot Marking Devices (BMD), with marked pre-printed ballots; some print summaries of voter selections, often with those selections encoded in barcodes or QR codes. Together, these account for 92.6% of America’s registered voters.

The red portion of the map represents the 7.4% of American voters who use a less-reliable direct recording electronic (DRE) voting system. DREs allow voters to record their selections directly into computer memory.

Despite what Republicans think, most of America can vote with total confidence that their voting machines are accurate, and that their votes will be counted accurately. So relax Republicans, election fraud just isn’t very possible in the US.

But there are plenty of other shenanigans that can be pulled at the local and state level. And that’s a concern given what the GOP is focusing on for the November mid-terms. They could take away voting rights by canceling voter registrations. They can close polling places or gerrymander more districts. The WaPo has a chart showing how close the GOP is to controlling the voting process in the six battleground states:

By weakening trust in our election system, Republicans are paving the way for America to become a one-party state led by an authoritarian strongman. They intend to take away the single and best power the people have, our vote. These Republicans aren’t election deniers, they’re anti-democracy. If they are elected, they will end democracy as we know it.

Time to wake up America! We can’t leave the vote-counting to people who won’t count all of our votes! America has a long tradition of subverting the voting process and denying millions of people the right to vote, and these Republicans want to take us right back to those days in our past. To stop that, they must be beaten in November’s mid-terms.

To help you wake up, watch, and listen to “Queen Bee” played by Taj Mahal and friends in this Playing For Change video, that features Ben Harper, Rosanne Cash, and many others from around the world.

The tune is from Taj Mahal’s 1997 album, “Señor Blues”, which won a Grammy. It’s an album that Wrongo highly recommends:

 

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Companies Are Making Inflation Worse

The Daily Escape:

Grand Park, Mt. Rainier, WA – August 2022 photo by Edwin Buske Photography

As discussed yesterday, polls are showing that voters are still concerned about inflation. The good news over the past two days is that producer prices (prices at the wholesale level) and consumer prices both fell from June to July.

But these inflation concerns won’t be going away, and the Republicans hope to make the November midterms a  “gas and groceries” election, saying Biden is the cause of rising prices. In July’s Consumer Price Index, the price of groceries was a particular pain point, rising 1.3% for the month. Wolfstreet reports that the year-over-year rise in the “food at home” part of the CPI (food bought in stores and at markets) is now at 13.1%, the worst spike since 1979.

Food is a category where inflation hits consumers right in the face on a daily basis. And it hits people on the lower end of the income spectrum much harder because they spend a relatively larger portion of their income on food.

But the fall in gasoline prices over the last couple of months is also meaningful. After peaking in June at $5.03 per gallon, the average national price of gas fell below $4 this week, according to GasBuddy.

The Hill reports that Biden will go on offense against the Republicans’ drumbeat about inflation by traveling the country to tout job creation and the Inflation Reduction Act, once it is passed by the House on Friday. Biden plans to make the point that Congressional Republicans sided with the special interests every step of the way on delivering lower costs for working people.

That won’t hurt Dems chances in November, but will it be enough to offset what’s happening with retail prices? Here’s another striking set of facts from Bloomberg:

“The first sign that this wasn’t going to be a typical corporate earnings season came early on the morning of July 12, when PepsiCo Inc. unveiled an odd set of results. Growth in unit sales, it said, was essentially zero in North America. Revenue rose though, driven by the double-digit price increases Pepsi slapped on its snacks.”

They weren’t the only consumer product company to raise prices as sales fell: The purple dots show how unit sales fell (as much as 10% for Clorox) while prices (green dots) rose in most cases, more than 10%. And revenue (yellow dots) rose for all firms:

This is bad for the economy on many levels: Price-driven sales growth isn’t healthy; and it isn’t good for consumers who have lost purchasing power (and are angry about it). It isn’t good for our overall economy, or for the Federal Reserve that’s trying to bring down inflation.

Many CEOs are willing to raise prices because it’s no longer the taboo it has been for the past two decades, when annual inflation averaged a little more than 2%. Their thinking is that if volumes slip a little as a result of the price hikes, their share prices won’t take a beating. So no worries, just raise prices.

The bet that these consumer products CEOs are making is that once things settle down in the economy, people will come back. Bloomberg quotes  Neil Saunders, an analyst at GlobalData Plc, a consulting company:

“If they keep losing share next year, they’ll take more notice. It’s very hard at the moment to tell what’s temporary and what’s permanent.”

Starbucks, Coca-Cola, Kimberly-Clark, and Church & Dwight, the maker of Arm & Hammer baking soda and OxiClean, all reported quarterly numbers that fall into the weak-volumes-and-big-price-hikes category. More from Bloomberg: (emphasis by Wrongo)

“One of the best examples is Conagra Brands Inc., the…Chicago-based food conglomerate, which reported results on July 14. A core measure of its revenue jumped 6.8%, in the three months that ended on May 29, thanks to an increase of 13% in the average price it charged….The amount of goods it sold, though, fell 6.4%.”

We know that inflation is very high, among the highest rates in the past 40 years. It now seems clear that consumer products companies are a prime contributor to these price increases.

We know that unemployment is as low as it’s been in 50 years. The labor market is strong. We know that the growth rate of GDP was really high in 2021, and that it’s slowing in 2022.

What we don’t know is how voters are going to act in November.

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The FBI Search

The Daily Escape:

Wildflowers above 11,000’ at Paradise Divide, Carbondale, CO – July 2022 photo by Mountain West Photography

What to make of the FBI executing a search warrant at Trump’s Mar-a-Lago (MAL)? Despite what most of the immediately outraged Republican Party is saying, the bar for getting a search warrant on a former President is understandably and correctly, set high.

Trump claimed that the search was “prosecutorial misconduct” and reflected “the weaponization of the Justice System.” But prosecutors can’t conduct searches of people’s homes on their own. The Fourth Amendment requires that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

For the FBI to conduct this search, it needed a warrant, which means everyone from frontline prosecutors and FBI lawyers to Attorney General Merrick Garland had to sign off on the warrant application, and then a federal judge had to examine the affidavit setting forth their evidence and concur. This is the system working as the Constitution intended.

Garland and the federal judge who authorized the warrant knew that it would set off a shitstorm of reaction by Right-wing politicians and by Trump loyalists, but they went ahead anyway. Oh, to see that affidavit!

It was predictable that the MAGAverse would erupt in fury, but the reaction by the so-called Republican “establishment” is both ridiculous and frightening. Elected Republicans, who always remind us that they are the party of law and order, could have: Either adopted a posture of strategic silence, or given the FBI the benefit of the doubt while they conduct a court-sanctioned investigation.

Instead, except for Mitch McConnell who has stayed silent, they mostly went crazy, including House Minority Leader McCarthy’s threats of retaliation against Garland if Republicans take the House in the fall. Sen. Marco Rubio (R-FL) tweeted:

Although Lil’ Marco said this in 2016:

This is the worst kind of lie by a member of the US Senate. Rubio knows that this was the lawful execution of a search warrant that was presented with probable cause, and issued by a Federal judge. These aren’t done lightly or carelessly.

Trump has spent years sowing distrust of federal law enforcement and the “deep state.” And the response by senior Republicans shows how deeply his campaign of subversion has penetrated their hive mind.

Republicans are claiming that the FBI’s search of MAL is abusive. But law enforcement leaves a copy of the search warrant, which itemizes what they are looking for, and what laws may have been violated. If Trump and the MAGA Republicans really think this search is abusive, Trump would have made the warrant public. Trump needs to show it or shut up about it.

We really need to stand back and appreciate the clarity with which the GOP is expressing that the role of law enforcement is only to police the powerless. Here’s the #3 GOP Representative in the House:

This is sick. Law enforcement does exactly this to average citizens all the time, all over America. So, expect that this fall, the Party of “LOCK HER UP” will become the Party of “How Dare the FBI Investigate Republican Politicians.”

People are getting a lesson in civics: If society has a rule, it must be enforced for everyone in the same situation. Trump is saying that the DOJ has been weaponized. But consider this list from Marshall Cohen:

Despite all the hope by Democrats and the fury of Republicans, no one has a handle on how this will progress, or whether it has an impact on Trump’s attempt to run again for president. Wrongo listened to a Republican political strategist on the BBC say that the fact of the search itself will hand the presidency to Trump in 2024.

That seems like GOP hopium to Wrongo.

The next few weeks will be filled with speculation and most likely, conflicting information as details emerge about the MAL search and what was behind it. One thing that’s sure is that the immediate and escalating talk of violence among Trump’s supporters is troubling. Some have been calling for “war” or “civil war,” referring to FBI “tyranny.”

In the not too distant past, we’d dismiss this kind of talk as braggadocio. But that disappeared on Jan. 6, when we realized these militants are more than willing to act on their warped beliefs.

So take a step back and place this story in a broader context: As a Constitutional matter, DOJ’s action is a message to future presidents that even though recently, other guardrails of presidential accountability have failed us, the criminal justice system still works, so long as someone of integrity—like Garland—is at the helm.

Does America need further convincing that this fall, aside from running on their accomplishments, Democrats up and down the ballot, need to amplify the opposing party’s lack of regard for the rule of law or, for truth itself?

How do we insure that they don’t use the powers of their office(s) to morph this country towards authoritarianism?

By voting them out of power.

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Should Legislative Wins Have Dems Feeling Optimistic?

The Daily Escape:

Sunset, Colorado, NM, near Grand Junction, CO – July 2022 photo by David Shield

Robert Hubbell made a list of landmark legislation passed thus far during the Biden presidency so that we’d have it handy over the next few months leading to the mid-terms in November:

  • 03/11/2021 American Rescue Plan Act of 2021, a $1.9 trillion relief bill to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals, and businesses.
  • 11/15/2021 Infrastructure Investment and Jobs Act, a $1.2 trillion investment in “hard infrastructure” including roads and bridges.
  • 03/29/2022, Emmett Till Anti Lynching Act, 120 years after an anti-lynching bill was first introduced and which failed on nearly 200 prior occasions, Congress passed a bill designating lynching as a hate crime. Only three representatives—one each from Texas, Kentucky, and Georgia—voted against the bill.
  • 06/25/22 Bipartisan Safer Communities Act, extended background checks for gun purchasers under 21, funding for state red flag laws and other crisis intervention programs, and partial closure of the “boyfriend” loophole.
  • 07/29/2022 CHIPS and Science Act, the most significant research bill passed in a generation, including a $56 billion investment in American semiconductor production to incentivize companies to move chip production back into the US.
  • 08/02/2022, Honoring our PACT Act of 2022, expanded healthcare and other services for veterans who were exposed to toxic substances during military service.
  • 08/07/2022, Inflation Reduction Act of 2022, the largest climate investment in US history, also lowers prescription drug prices by giving Medicare the power to negotiate the prices of certain prescription drugs and extends expiring Obamacare health care subsidies for three years.

The scope of the issues addressed is significant: the pandemic and its economic fallout, highways, bridges, broadband, rail, manufacturing, science, semiconductors, prescription drug prices, health insurance, veterans’ health, climate change, deficit reduction and tax equity.

And they were passed within the constraints of a 50/50 Senate. Five of these laws, and all but the two biggies: the American Rescue Plan, and the IRA received Republican support. It’s pretty amazing that the Dems got this much.

So, whenever someone asserts that “Biden or the Democrats haven’t achieved anything” or that “Biden’s presidency has been a failure,” ask them to name as many significant pieces of legislation passed by Trump. Or, by Obama, Bush II, Clinton, Bush I, Reagan, Carter, Ford, or Nixon.

Only LBJ stacks up to the progress Biden has made so far.

But, it’s unclear how much this will help the Democrats in November. The Dems went into the 2010 midterms having passed Obamacare, a landmark piece of legislation, but they lost 60 seats and the leadership of the House. That was the biggest swing since 1948. Republicans also reduced the Democrats’ Senate majority.

So, as Wrongo stated yesterday, the political challenge for Democrats turns in large part to messaging —and targeting their message to the cohorts that make up the Democratic Party. Ruy Teixeira, a Democratic strategist affiliated with the American Enterprise Institute, wrote in the WSJ that Hispanics are no longer a sure cohort for the Democrats:

“It seems clear that Democrats seriously erred in 2020 by lumping Hispanics in with other “people of color,” assuming that they sympathized with the racial activism that dominated so much of the political scene that year. In reality, Hispanic voters are not a liberal voting bloc, especially on social issues.”

More:

“In a Pew postelection survey, just 20% described themselves as liberal, while 45% were moderate and 35% conservative. Surveys show that Hispanics are overwhelmingly an upwardly mobile and patriotic population whose main concerns are jobs, the economy, healthcare, effective schools, and public safety.”

Teixeira cites the polling firm Civiqs’ survey in late July that showed that just 12% of Hispanic working-class voters said their family’s financial situation had gotten better in the last year, while 50% said it had gotten worse.

In general, Hispanic voters cite inflation and the economy as by far their top issues for 2022. They could be a tough get for Dems who want to focus voter attention on abortion rights, their legislative achievements, and the Jan. 6 hearings.

How should Democrats message Hispanic voters?

We’re at an inflection point. All of the above happened because there were 50 Democratic Senators. It wouldn’t have happened with 49. It might have been bigger with 52 or more. Lose control of the House in November, and see Biden impeached.

These are things all Democrats should be reckoning with. Let’s leave the last words to Hubbell: (brackets by Wrongo)

“We have the policies, the positions, the values, and the candidates necessary to win. We need to….engage without fear or hesitation…..Let’s capitalize on the string of mistakes and “pulling back the curtain” moments that have revealed…[Republican] depravity as never before. We have every reason to be confident but no reason to be complacent!”

 

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