What A New House Speaker Means For America

The Daily Escape:

Autumn, Rocky Mountain Front, MT – October 2023 photo by Jack Bell Photography

We’re all trying NOT to follow what’s going on in the House. Since Matt Gaetz and friends fired Kevin McCarthy, pretty much every newscast and paper are covering it. Wrongo will add his few words to the hot steaming pile of wordsmith.

McCarthy’s downfall is proof that no good deed goes unpunished. His decision to shake hands with Democrats on a short-term budget deal, kept the government open, but drew a challenge to his Speakership from a small group of chaos caucus Republicans. These eight mutinying members of his Party felt that McCarthy committed the unforgivable sin of compromise with Democrats.

It’s useful to remember that 91 Republicans voted against McCarthy’s bill to keep the government open.

That, along with McCarthy’s unwillingness to make any concessions to the Dems for future funding requirements like Ukraine, made it clear that there was no good reason for them to do anything to help McCarthy and the GOP caucus to resolve their internal differences.

At the highest level, America is now looking at an uncertain period of being (un) governed, in fact, held hostage by a tiny group of eight “chaos Republicans”. If the Republican House members select a new Speaker from the current two front runners, Steve Scalise (LA) and Jim Jordan (OH), their Party will tip further to the Right than it was under McCarthy, and there doesn’t seem to be a middle ground.

Just eight Republicans were in love enough with chaos to vote against Mr. McCarthy; more than 200 other Republicans understood that chaos isn’t conducive to sound policymaking. And 32 of those who supported McCarthy are members of the Problem Solvers Caucus, which is in theory dedicated to bipartisan solutions.

The WaPo has a great chart that lays out just how small the chaos caucus is vs. Republicans who voted for McCarthy:

Those Republican Problem Solvers are very angry at the caucus’ Democratic members for not supporting McCarthy when he was dethroned. All the House Dems who voted, voted against McCarthy (208), while four Dems weren’t present.

So now, a government shut-down seems assured. But the reality is that despite the best wishes of the chaos caucus, the government cannot remain unfunded forever. And their demands for capitulation by Biden to the GOP’s fever dreams for cutting spending will never happen.

The House can’t do anything without a Speaker, so the pressure is massive to choose one. And the Republicans will probably find a way to choose one without requiring any Democratic votes to support their choice. But when government funding runs out in mid-November, we’ll get to the real logical driver of partisan politics, the absolute necessity to fund the government.

When the new Speaker can’t pass a funding bill that is supported by the Senate, the new Speaker will eventually see the value in again seeking Democratic support.

The math drives this. The functional majority in the House will be that group who are willing to pay our bills on time by funding the government. Of the 221 Republican House members, 130 of them voted to avoid the shutdown, and 91 voted for it. The new Speaker needs to wrangle 218 votes to pass a bill on to the Senate. So if only 130 Republicans are willing to govern, Democrats will have to supply the difference.

Roll Call reports that the Republican vote for the next Speaker will take place next Wednesday morning, so we’ll soon see if the impasse can be resolved.

Another interesting turnabout this week was the Biden administration deciding to waive two dozen environmental laws in order to resume building the wall on the southern border. Trump demanded an apology because Biden had promised in 2020 there would “not be another foot” of wall if he won.

The White House now claims the administration’s hands were tied by appropriations bills that required them to spend the money. Said Biden:

“The money was appropriated for the border wall…I tried to get them to reappropriate it, to redirect that money. They didn’t, they wouldn’t.”

Biden added he still doesn’t believe walls are an effective solution, but Republicans are crowing “I TOLD YOU SO” with this announcement. But since it was FY2019 money that couldn’t be reprogrammed, we should be asking why it wasn’t spent while Trump was still in office.

Wrongo is applying for a patent on his new invention. It’s called “the magic button”. You press it and any intractable problem simply disappears without a trace. It will be ready for use sometime after the 12th. The 12th of never.

On to the Saturday Soother, where we spend this Saturday of a three-day weekend attempting to escape from the news cycle. Wrongo and Ms. Right are on Cape Cod for our annual fall getaway that dovetails with the various Oysterfests on the Cape.

This means that columns may be light and variable for the next 10 days.

It’s raining in the Northeast, so, it’s mostly indoor sports today. To help you let go of the week’s news, grab a comfy chair by a window and brew up a cup of Kick Ass coffee from Canada’s Kicking Horse Coffee.

Now watch and listen to “My One And Only Love”, the old standard performed here by legendary saxophonist John Coltrane and singer Johnny Hartman. This was recorded in 1963 and features McCoy Tyner on piano. If you want to take your mind off a few things today, this will surely help:

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Can Trump Legally Declare a National Emergency?

The Daily Escape:

Waterton NP Alberta, CN -2019 photo by lostcanuck. Wrongo and Ms. Right visited Waterton in 2016, it’s a very beautiful spot.

Wrongo watched part of the two NFL wild card games on Sunday. Vectoring away during commercials, he saw a 2020 campaign ad by Trump on CNN that said in part:

Drugs, terrorists, violent criminals and child traffickers trying to enter our country — but Nancy Pelosi and Chuck Schumer care more about the radical left than keeping us safe. The consequences? Drug deaths. Violent murder. Gang violence. We must not allow it…

Wrongo thought, “Wait! What?” Then a “paid for by Trump 2020” note appeared at the bottom of the screen.

Trump is setting us up. He’s now made his shutdown part of the 2020 narrative. And, locking out federal employees is now the official position of the GOP, not simply that of his Trumpitude.

This is part of Trump’s plan to lay the groundwork for his “National Emergency” special powers. The NYT had an interesting article by Bruce Ackerman, a Yale law professor, about the legality of such an action:

While it is hard to know exactly what the president has in mind, or whether he has any conception about what it would entail, one thing is clear: Not only would such an action be illegal, but if members of the armed forces obeyed his command, they would be committing a federal crime.

Trump is again hyping the dangers at the border, as he did with the caravan in the weeks leading to the midterm election. Now, his spokespersons, notably Sarah Sanders on FOX and Homeland Security head Kristjen Nielsen, at her private meeting with the House Homeland Security Committee, have falsely claimed that more than 4,000 terrorists were apprehended in 2018 along the southern border.

According to FOX, all of these “terrorists” were apprehended at airports, not at border crossings.

Sanders, Nielsen and Trump are implying that a wall will stop terrorists. There’s no question we need to be vigilant about terrorists and illegal border crossings, but a wall is not going to stop them, or really even deter them. We still need to have to have advanced cameras, drones, and personnel patrolling because determined people will find ways around the wall.

To continue the hype, Trump announced that he will address the nation on Tuesday night before traveling later in the week to the U.S.-Mexico border. Trump plans to address the nation from the Oval Office, in a “first” for his presidency.

All of this would seem ridiculous if not for Trump’s desire to win at any cost.

There is a chilling article by Elizabeth Goitein of the Brennan Center in The Atlantic, in which she says that any president’s ability to evoke these sorts of emergency powers is practically unfettered:

The moment the president declares a “national emergency”—a decision that is entirely within his discretion—he is able to set aside many of the legal limits on his authority.

Goitein goes further:

The moment the president declares a “national emergency”—a decision that is entirely within his discretion—more than 100 special provisions become available to him. While many of these tee up reasonable responses to genuine emergencies, some appear dangerously suited to a leader bent on amassing or retaining power. For instance, the president can, with the flick of his pen, activate laws allowing him to shut down many kinds of electronic communications inside the United States or freeze Americans’ bank accounts.

As an example, Trump could seize control of US internet traffic, impeding access to certain websites and ensuring that internet searches return pro-Trump content as the top results.

It isn’t possible for Wrongo to resolve the viewpoints of Elizabeth Goitein and Bruce Ackerman. There is a long history of judicial deference to the executive branch on national security issues. It will ultimately come down to whether the five conservative Supreme Court Justices think they have the power to step in and overrule a president who clearly concocts a fraudulent emergency.

Sorry to scare everyone, but it is absolutely unclear how this will be hashed out by the Supreme Court.

Don’t bet the house on them making the right decision.

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