Ian Reifowitz

The GOP's Dr. Seuss distraction is vastly different than the 2009 stimulus derailment strategy — here's how

We're not in 2009 anymore. President Joe Biden's $1.9 trillion American Rescue Plan (ARP)—which passed with only Democratic support—makes that clear. In 2009, also in the midst of a terrible crisis, we enacted a very different economic package, known as the American Recovery and Reinvestment Act (ARRA). The differences in content between the two are stark.

The current one is more than twice as large, delivers money directly to people who need it (rather than fruitlessly seeking bipartisan support, in part by including tax cuts which are far less effective in terms of impact), and is strikingly more progressive, more so than anything proposed by a president since LBJ, according to Ezra Klein—in particular in its approach to poverty. But equally stark is the difference between the Republican response this time versus 12 years ago.

Despite newly elected President Barack Obama's inclusion of various elements Republicans should have supported, his 2009 stimulus package faced sustained and ruthless attacks from conservative politicians and, just as importantly, the right-wing media. At the time, the "de facto leader" of the Republican Party was Rush Limbaugh, whose audience size beat that of all his radio rivals. His assaults on the Obama stimulus package are representative of those put forth by the rest of the right-wing media ecosystem.

Day after day, the host attacked Obama's plan—at a time when the president was immensely popular, more so than Joe Biden at a comparable point in his presidency. The Obama stimulus itself was broadly popular when it was enacted on Feb. 17, 2009, although it did not garner quite as much support as Biden's plan does right now. Conservatives like Limbaugh made it their business to turn the American people against the bill, and not just by criticizing it on the grounds of small-government ideology. They had a good deal of success, in part because of flaws in the ARRA, but also because they were laser-focused on poisoning the discourse around it.

In addition to lying about the specifics, Limbaugh race-baited his listeners by slamming the ARRA as a "welfare payment"—a racially loaded term that conservatives going back to Ronald Reagan used as a dog whistle, to evoke stereotypical images of Black people supposedly not working while being supported by the government. The host linked the Obama plan to welfare in different ways, on numerous different broadcasts, and mentioned how "civil rights coalitions" supported the push to "redistribute" money by "taking it from you" (given that his audience was overwhelmingly white, we know who "you" referred to). He went after the bill for sending money to ACORN—which advocated for low-income folks and people of color, and worked to increase voter registration—despite the fact that the group got no money from the ARRA. Limbaugh also speculated baselessly that Al Sharpton and his group got stimulus funds.

The host also lied about the ARRA giving tax credits to "illegal aliens"—which did not happen. Additionally, he characterized the Obama stimulus as an "effort to buy votes," and then immediately played an exchange of the president talking with a Latino student. In this and other similar segments, the host's goal was to paint the plan as seeking to help those Black and brown people whom he depicted as wanting to avoid work. As Limbaugh told it, the ARRA was another plank in a race war fueled by Obama's "rage"—and inspired by his former pastor, the Rev. Jeremiah Wright. Bringing it all together on June 22, 2009, the host spewed the following racist claptrap: "Everything in the stimulus plan, every plan he's got is reparations. … Redistribution of wealth, reparations … whatever you want to call it, it's reparations."

Although today's Republicans are employing different tactics in opposing Biden's plan, some habits are hard to break. South Carolina Sen. Lindsey Graham went after a provision aimed at helping Black farmers who suffered a century of systemic discrimination after the Civil War, using the same language as Limbaugh: "In this bill, if you're a farmer, your loan will be forgiven up to 120% of your loan if you're socially disadvantaged, if you're African American … some other minority. But if you're (a) white person, if you're a white woman, no forgiveness! That's reparations!" House Majority Whip Rep. James Clyburn, who hails from the same state, called Graham out: "He ought to be ashamed of himself. He knows the history in this country and he knows what has happened to Black farmers," and added that his fellow South Carolinian ought to "go to church … Get in touch with his Christianity."

Graham didn't attack the overall bill in race-baiting terms, however. I'm not suggesting that's because the 2021 version of the Republican Party has grown more enlightened on race since it fell under the sway of Donald Trump. It's because the circumstances around the American Rescue Plan are different from those in play in 2009. Republicans haven't stopped using racially or culturally divisive attacks as a way to distract from the unpopularity of their policy positions. It's just that, with over half a million deaths that have affected all communities due to the COVID-19 pandemic, even they don't think it's a winning move to attack Biden's relief bill on the same sort of race-baiting grounds, or with the same level of intensity, as they did Obama's ARRA package.

Republicans can't even successfully go after the ARP as "big government" overreach or for increasing the national debt, because they supported multiple COVID-19 bills last year that in total spent even more, not to mention their having busted the budget on Trump's Rich Man's Tax Cut in 2017. The last thing Republicans want to do is remind voters that they blew a trillion-plus dollar hole in the national debt and sent just about half of that money to the richest 5%, while Biden's bill will put 70% of its money into the pockets of the bottom 60% of Americans by income.

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Democrats must make sure voters don't forget that. New York. Rep. Sean Patrick Maloney's messaging nailed it: "We should shout it from the rooftops that we are passing historic legislation that will reboot the economy and end the pandemic. They're always ready to help a big corporation or a rich person, but when a working family needs help, the Republicans tell them to drop dead."

Even Republican mayors—32 of them in fact, from states ranging from Oklahoma to North Carolina to Indiana to Arizona to Michigan—signed on to support the Biden plan. Directly countering lies from Senate Minority Leader Mitch McConnell about "blue state bailouts," Republican Mayor Bryan Barnett of Rochester Hills, Michigan, stated: "This isn't because of some gross mismanagement or some bad contracts that were signed or historic deficits. This is about addressing the needs of a global pandemic that are really (for) the same constituents they serve in D.C. that we're serving here at the local level."

For multiple reasons, including the fact that their current leader, aka Mr. Former Guy, supported the main element—a check going out to most Americans—the Republican response to the American Rescue Plan has been "more muted" than 12 years ago, and that includes the response from Trump.

The Man Who Lost The Popular Vote (Twice) actually slammed his once and possible future ally McConnell over his opposition to those very checks. Republicans can't seem to get on the same page when it comes to the specifics of the ARP, so it's hard for them to condemn it in a coherent way. Sen. McTurtle has issued a few statements rebuking the relief package, but it's nothing compared to 2009.

Rather than go hard after the ARP in the way Limbaugh had done with the ARRA a dozen years ago, Trump all but ignored it at his biggest and best opportunity: CPAC. He devoted only two sentences to the bill during a speech lasting an hour and a half, instead spending much more time talking about the election, impeachment, and those who truly demonstrated, in the words of Luca Brasi, their "ever-ending loyalty." As for those who didn't, they could sleep with the fishes as far as Trump—who has himself been accused of acting like a mafia boss—was concerned.

Instead, Trump and his party made a decision to attack Biden in a very incoherent way. This is not to suggest that they don't know what they are doing, but rather that what they are doing is not going to work. They are banking on people, when they vote in 2022, somehow not remembering how bad the situation was when Biden took office, so that Republicans can then say that the ARP didn't really do all that much, or wasn't necessary in the first place—as Moscow Mitch just claimed on Thursday—or was just a bunch of progressive ideas (yeah, and people like those ideas). Sen. Roger Wicker of Mississippi is actually trying to take credit for the bill, even though he (and every other Republican) voted against it. Talk about incoherence. You know their attacks are pretty weak when they sound like this one, from Texas Sen. John Cornyn: "Unfortunately, there's going to be a sugar high because free money is very popular … So this may be temporarily popular, but it's going to wear thin over time."

If you have to say twice that the bill is going to be popular, then maybe you've got a political problem here, senator. Republicans are already trying to "pre-deny" credit for the coming boom to Biden's policies—even as the Organization for Economic Cooperation and Development's analysis found that the American Rescue Plan would increase economic growth in our country by an impressive 3% over previous estimates, and would add over 1% to worldwide economic growth. That's a Big Fucking … oh, forget it, everyone else has already used that line. It is a BFD, though.

There were a couple of other echoes of 2009 coming from conservatives. Florida Sen. Marco Rubio and Utah Sen. Mike Lee issued a statement in early February criticizing the increased child tax credit that ended up in the final bill as "welfare assistance." Chris Hartline, National Republican Senatorial Committee spox, went off about Democrats not caring if stimulus checks went to undocumented immigrants. Texas Sen. Ted Cruz has made similar complaints, and also carped about ARP money going to incarcerated prisoners.

However, there are two problems for The Man Who Threw His Own Daughters Under The Bus: first, his proposed amendment would have blocked 2 million American citizen children from receiving stimulus checks just because their parents are undocumented. As Illinois Sen. Dick Durbin, the majority whip, noted: "These American kids should receive this relief just as other American kids do." Second, the previous COVID-19 stimulus checks—the ones with the Orange Julius Caesar's name on them—also went out to prisoners, something Cruz absolutely knew before the December COVID-19 bill was passed. Did he utter a peep about it when that bill was under discussion? I think you know the answer.

So, although conservatives have made their pro forma condemnations of the ARP, what they are actually spending the bulk of their time and energy screaming about these days reveals their fundamental strategy. Their goal is not to rile up their voters about what the president is doing—which will help just about every American—but instead distract them with totally unrelated culture war issues.

Do Fox News viewers even know about the American Rescue Act, the $1.9 trillion stimulus bill that passed the Senate? They might not. The network, like most right-wing media, has largely ignored the Covid-19 relief legislation, instead fixating on silly culture-war controversies involving Mr. Potato Head and Dr. Seuss. In the days leading up to the Senate vote, the network was far more concerned with the availability of Dr. Seuss's Scrambled Eggs Super than it was with any aspect of the bill itself.

Want to guess how many times Fox mentioned Dr. Seuss just through March 3? Not one fish, and not two fish. Try 60 times, as counted by The Washington Post. Beyond the cancel culture crap, the Party of Trump has one arena of actual policy that it seems to think is worthy of more time, attention, and vitriol than COVID-19 relief: the great danger they insist is posed by transgender athletes. To his eternal credit, Florida (Man) Rep. Matt Gaetz combined two manufactured controversies in a single bank shot when, at CPAC, he quipped: "Mr. Potato Head was America's first transgender doll and even he got canceled." I haven't seen anyone get this worked up about Mr. Potato Head since this guy yelled at his little nerdy buddy.

Just look at a snapshot of Fox News' website after the ARP passed compared to that of CNN. The latter has the vitally important piece of legislation at the top, over the entire three-column page. The former leads with the Meghan Markle/Piers Morgan clash, and its largest mention of the president is in an article about how his "handlers" are, wait for it, "hidin' Biden." Yep, they're still going with that campaign calumny about the guy who trounced Trump being somehow infirm.

Anything to avoid reality.


Why are Republicans following this strategy? After being fed political junk food for so long—especially by the demagogue who has led their party going on five years now—it's the only thing their voters want to imbibe. These kinds of culture war attacks "unif[y] the party but expands it into the area we need to—the suburban moms, the college educated men that we struggled with in 2020, there's common ground with these constituencies," according to Mercedes Schlapp, who worked for the twice-impeached president. Republican strategist Matt Gorman added that such tactics represent "a cultural touchstone for folks that shows where a party's priorities are." Famed Republican pollster Frank Luntz thinks they are "definitely" a good way to excite the right-wing base.

Daniel Cox, a researcher at the American Enterprise institute who has done extensive research about the topic, found that "concerns about cultural influence, political power and status are really overwhelming other ideological concerns on the right. Traditional conservative principles, whether it's commitment to a strong national defense or support for limited government, do not animate Republican voters." Other Republicans offered similar opinions.

Even the recently deceased Limbaugh typically used to tie his race-baiting attacks to larger ideological questions or at least policies under discussion in the moment—not that that's praise, mind you. Now, however, the Party of Trump can't even bother to do that, as per POLITICO: "Today, much of the fracas doesn't even involve Biden, or his administration, or his policy agenda. Instead, it involves things like corporate decisions around kids' toys."

In the end, as Ron Brownstein pointed out, Republicans were unable to "ignite a grassroots backlash" against Biden's COVID-19 relief package. One Democratic pollster, Nick Gourevitch, saw a lack of passion behind the Republican attacks on the bill: "It doesn't seem like they are even really trying." Brownstein reported that, off the record at least, a number of Republicans agreed.

For their part, the Biden White House is more than happy to put its actual policy accomplishments up against the trash the other side is throwing out there.


One of the criticisms leveled at Obama—including by Barack himself—was that he didn't always do a great job advertising his own achievements to voters. The 44th president acknowledged: "We did not always think about making sure we were advertising properly what was going on," and added that his White House should have taken more "victory laps." His veep, now the 46th president, appears to have learned the lesson well, as evidenced by the primetime address he delivered Thursday night.

Democrats think they have a winner with the American Rescue Plan, and it looks like they know how to tell the story of what they've accomplished.


The most recent polling shows not only that the American people favor the bill, but also that there's a significant class divide that portends even more danger for the Party of Trump. Overall, 41% of Republicans like the ARP, which is bad enough for them. However, among the quarter of Republicans who are lower income, that percentage is 63%.


Here's the analysis from Daily Kos' Kerry Eleveld: "This GOP divide along class lines gives Democrats a real opening to both win back some blue-collar voters as well as remind some Trump voters why they were never sold on the Republican Party to begin with (thereby discouraging them from turning out next year)."

It's easy to say that, come the next election, the bullshit will win out over substance. We are Democrats, after all, which means we often see the glass as half-empty when it comes to electoral politics. But that's not always how it plays out. Republicans may hope that if they just yell and scream about other, unrelated topics, voters in 2022 will forget that Biden's relief plan significantly helped just about every American finally get past this devastating pandemic.

It's up to all of us to help Joe Biden, Kamala Harris, and the rest of the Democratic Party make sure voters remember who did that for them.

Progressives are right to push President Biden to cut military spending

Article II, Section 2, of the Constitution reads: "The President shall be Commander in Chief of the Army and Navy of the United States." The person who holds that office thus takes the brunt of responsibility for defending our country. While it's not his only responsibility as president, Joe Biden knows full well that no other part of his job is more important. Fulfilling it, however, does not require spending money unwisely, in particular if doing so means shortchanging other national priorities in areas ranging from infrastructure to health care to education. That is the message progressives in Congress want to make sure the 46th president hears.

When he took office a month ago, Biden inherited the military spending policies of The Man Who Lost An Election And Incited An Insurrection To Overturn It. As per The Hill, in 2017, U.S. military spending was $610 billion, whereas in the current fiscal year it stands at $748 billion—representing a jump of 22.6%. Nondefense spending, by comparison, stands 15% below that of defense spending.

Would it surprise you to know that the Orange Julius Caesar, unable to feel satisfied with the increased dollars spent under his watch, couldn't resist lying about it? "We've totally rebuilt the military." (To quote Shermer High School's John Bender: "Totally?") Spending on defense, according to Donald Trump, "used to be 'million.' And then, about 10 years ago, you started hearing 'billion.' And now you're starting to hear 'trillion,' right?" To correct the pathological prevaricator, we still aren't spending a trillion each year, and we've been hearing "billion" as far back as the Defense Department has tabulated total annual spending figures, i.e., starting in 1948. But what's a decade or seven for someone with no interest in facts?

Given Trump's much bigger lies—including The Big Lie about having lost the election—one can say that exaggerating about military spending is more on the order of a white lie by comparison. On the other hand, all of his lies are white lies, in that each one is told in the service of whiteness.

But now Biden is president, so let's talk about military spending going forward rather than the past—imagined or otherwise. Before we get into the specifics of that spending, please take a look at how our country's defense budget compares to that of other countries—I'm loath to call them competitors because, when it comes to spending, there's really no comparison.

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During the presidential campaign, Biden promised to "end the forever wars in Afghanistan and the Middle East, which have cost us untold blood and treasure … (and) bring the vast majority of our troops home from Afghanistan and narrowly focus our mission on Al-Qaeda and ISIS." From 9/11 through October 2019, our country has spent $778 billion on the war in Afghanistan, along with another $44 billion in reconstruction costs in that country. The true final tally—even in dollars, let alone the human cost—is much harder to calculate.

In the current fiscal year, spending in Afghanistan appears to be around $15 billion, down from previous years thanks to an already planned drawdown in troops that was supposed to culminate in the removal of all U.S. military personnel by May 1. This withdrawal is linked to a U.S.-Taliban agreement signed last year. However, recent violence has led the Biden administration to indicate that it will likely not abide by that timeline. Additionally, Rhode Island Sen. Jack Reed, the chair of the Senate Armed Services Committee, came out specifically against removing all U.S. troops by the May deadline.

John Kirby, Pentagon spokesperson, stated: "The Taliban have not met their commitments. As you know, there is a looming deadline of early May ... but without them meeting their commitments to renounce terrorism and to stop the violent attacks on the Afghan National Security Forces and, by dint of that, the Afghan people, it's very hard to see a specific way forward for the negotiated settlement." One hopes that these words represent an attempt to bring pressure to bear rather than anything more definitive, and that the Taliban does live up to its side of the bargain in the end so that Biden can bring home as close to 100% of our troops as possible.

Either way, it does not appear that truly large savings on our military spending in Afghanistan are in the offing, given the already relatively low current amount. Nevertheless, a billion here, a billion there, pretty soon it begins to add up to real money, as the saying goes.

On Iran, the previous administration's brainless unilateralism was on full display, as the U.S. in 2018 pulled out of the nuclear deal negotiated under President Barack Obama. Unsurprisingly, President Biden is going to try and revive it. Additionally, he reversed his predecessor's pronouncement from November—also unilateral—that the totality of United Nations sanctions against Tehran were back in force. Certainly, improved relations with Iran as part of a deal that puts them further away from being able to develop nuclear weapons is a good thing in and of itself—although Thursday's U.S. airstrikes on Iranian-backed militias in eastern Syria, which Biden authorized in retaliation for previous violence the groups committed, show that achieving such improvements will not be simple. Additionally, although it's hard to quantify, one would think having better relations with Iran would produce some savings on military spending as well.

Within the broad category of defense spending, there are some areas that might well require increases, given the changing nature of the threats we face. While we may not need as many tanks, nuclear missiles, and planes as we once did, cybersecurity is clearly an area where the U.S. has not done enough in the last few years. The recent devastating SolarWinds hack emanating from Russia—not China, as Putin's Puppet President falsely claimed, contradicting his own Secretary of State Mike Pompeo—that breached multiple government agencies along with over 100 businesses made that failing clear.

President Biden is responding on the cybersecurity front. First of all, he spoke directly to his counterpart in Moscow: "I made it clear to President Putin, in a manner very different from my predecessor, that the days of the United States rolling over in the face of aggressive actions, interfering with our elections, cyberattacks, poisoning its citizens, are over." He added: "We will not hesitate to raise the cost on Russia and defend our vital interests and our people." Doing more than just talking, Biden's COVID-19 relief plan contained more than $10 billion to address the cyber threat. Additionally, the new administration announced it will be enacting other measures through "executive action." The need to spend more money on cybersecurity only further increases the importance of finding savings elsewhere in spending on defense.

Then there's the Space Force. No, I'm not kidding. After Trump created it in late 2019, Daily Kos' SemDem offered a brilliant takedown: "There are more than enough reasons why Space Force is a bad idea, starting with the fact that its mission was an afterthought to the primary reason, which, much like his vanity border wall, only exists to serve Trump's ego."

It appears that Biden will resist calls to simply return the functions of Space Force back to the Air Force, the Navy, and the Army—out of which it was carved in the first place. There still may be savings to be found, given that the current budget allocated over $15 billion to what is now the sixth branch of the Armed Forces. In addition, hopefully he'll undo Trump's last-second move of Space Force's command center from Colorado—which he lost and where a Democrat beat an incumbent Republican in a Senate race—to Alabama, where Trump won and where a Senate seat flipped in the opposite direction. Whether the move was motivated by politics and a desire by Trump to enact revenge on a blue state is something I'll leave to you to decide. The Colorado Springs Gazette editorial board noted that the move to Alabama "will cost billions over time."

In terms of our federal budget, military spending as a share of all discretionary spending—that refers to spending not set by law, such as Social Security—dwarfs that of any other individual area. In fact, military spending equals all those other areas put together.

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Furthermore, it's important to make clear that military spending is far from the only kind of spending that protects the security of our country. Spending money on diplomacy protects our country. Spending money to combat climate change—at home and abroad—protects our country. Foreign aid protects our country. Democrats have long understood this, while Republicans—as on so many other issues—typically fail to see the big picture. As Daily Kos' Squire for You cogently argued, "Democrats are the party of national security," and we need to "reframe" the entire debate around the topic.

Progressives have been speaking out about the necessity of adjusting our spending priorities away from the military and toward other priorities—separate from the emergency needs created by COVID-19—that have been neglected for too long. Given that $7.4 billion of excess military supplies have been transferred to police departments since 1997 through the 1033 program, one can certainly argue that some of that spending may have been unjustified in terms of military necessity. Just maybe.

Sen. Elizabeth Warren of Massachusetts, who serves on the Armed Services Committee, presented the basic progressive perspective: "The disconnect between our defense spending and the threats Americans actually face has never been wider. It's long past time to rethink and refocus how we spend our money to protect this country because military and nuclear weapons alone, as we've seen, are not enough to protect us."

Progressives in the House are singing the same tune: "It is a top issue for the [Congressional Progressive Caucus]," said Rep. Pramila Jayapal of Washington, Chair of the CPC, a week ago. "This is a really important moment for us to move forward on cutting out waste, fraud and abuse in the Pentagon." Here's the CPC's broad policy stance on military spending:

The Progressive Caucus is fighting to rein in bloated Pentagon spending, end America's unauthorized forever wars, and rebalance our priorities abroad through robust investments in diplomacy, sustainable development, and humanitarian assistance. The United States spends more today on the military than at any time in our history—while at the same time, the Trump Administration has hollowed out essential diplomatic and humanitarian infrastructure. At the Progressive Caucus, we believe Congress should reduce conflict and foster peace—not issue blank checks for endless wars. By adopting a new global security posture that balances defense, diplomacy, and development aid, we can advance the goal of peace, rein bloated spending, and create greater economic prosperity for families here at home.

In terms of numbers, Reps. Barbara Lee of California and Mark Pocan of Wisconsin, along with Sens. Bernie Sanders of Vermont and Ed Markey of Massachusetts, have led the push to cut military spending by 10% across-the-board—with military pay exempt from that cut. Their effort last year garnered support from about half of Democrats in each house of Congress—although notably two of the senators who got on board were now-Majority Leader Chuck Schumer of New York and Dick Durbin of Illinois, the current majority whip. Who heads the Senate's Budget Committee in the new Congress, you might ask? That would be Sanders.

Rep. Lee condemned the bloat in military costs born during the Trump years, in particular compared to the levels of spending on nonmilitary needs. "Wasteful defense spending does not make our communities safer—it only weakens our ability to respond to crises, and in recent years, that wastefulness has only increased." Regarding the specific amount she'd like to see cut, Lee commented: "Ten percent is low. That's the floor."

Obviously, our country faces military threats that must be addressed. It's also important to note that blowback from our actions around the world sometimes creates new threats, or exacerbates existing ones. Beyond the moral implications of U.S. military policy, it is clear that we need to shift our spending to some degree from our current approach. We cannot keep throwing billions of dollars at the same old military programs, and we absolutely cannot continue to shortchange other priorities both within the area of defense and in the rest of the budget. We need to invest in the American people, and work toward making our society a place with more justice and greater opportunity for each of us. The progressives are right on this issue. President Biden needs to listen to them.

Assassination, secession and insurrection: The crimes of John Wilkes Booth, Jefferson Davis — and now Trump

Donald Trump broke new ground as the first president—the first American, period—to be impeached twice. However, thinking of him solely in those terms fails by a long shot to capture how truly historic his crimes were. Forget the number of impeachments—and certainly don't be distracted by pathetic, partisan scoundrels voting to acquit—The Man Who Lost The Popular Vote (Twice) is the only president to incite a violent insurrection aimed at overthrowing our democracy—and get away with it.

But reading those words doesn't fully and accurately describe the vile nature of what Trump wrought on Jan. 6. In this case, to paraphrase the woman who should've been the 45th president, it takes a video.

Although it's difficult, I encourage anyone who hasn't yet done so to watch the compilation of footage the House managers presented on the first day of the impeachment trial. It left me shaking with rage. Those thugs wanted not just to defile a building, but to defile our Constitution. They sought to overturn an election in which many hadn't even bothered themselves to vote.

What was their purpose? In their own words, as they screamed while storming the Capitol: "Fight for Trump! Fight for Trump!" Those were the exact same words they had chanted shortly beforehand during the speech their leader gave at the Ellipse. He told them to fight for him, and they told him they would. And then they did.


Many of those fighting for Trump were motivated by a white Christian nationalist ideology of hate—hatred of liberals, Jews, African Americans, and other people of color. Most of that Trumpist mob stands diametrically opposed to the ideals that really do make America great—particularly the simple notion laid down in the Declaration of Independence that, after nearly 250 years, we've still yet to fully realize: All of us are created equal. The Jan. 6 attack on the Capitol was but another battle in our country's long-running race war.

As Rev. William Barber explained just a few days ago: "White supremacy, though it may be targeted at Black people, is ultimately against democracy itself." He added: "This kind of mob violence, in reaction to Black, brown and white people coming together and voting to move the nation forward in progressive ways, has always been the backlash."

Barber is right on all counts. White supremacy's centuries-long opposition to true democracy in America is also the through-line that connects what Trump has done since Election Day and on Jan. 6 to his true historical forebears in our history. Not the other impeached presidents, whose crimes—some more serious than others—differed from those of Trump not merely by a matter of degree, but in their very nature. Even Richard Nixon, as dangerous to the rule of law as his actions were, didn't encourage a violent coup. That's how execrable Trump is; Tricky Dick comes out ahead by comparison.

Instead, Trump's true forebears are the violent white supremacists who rejected our democracy to preserve their perverted racial hierarchy: the Southern Confederates. It's no coincidence that on Jan. 6 we saw a good number of Confederate flags unfurled at the Capitol on behalf of the Insurrectionist-in-Chief. As many, including Penn State history professor emeritus William Blair, have noted: "The Confederate flag made it deeper into Washington on Jan. 6, 2021, than it did during the Civil War."

As for that blood-soaked, intra-American conflict—after Abraham Lincoln was elected president in 1860, 11 Southern states refused to accept the results because they feared it would lead to the end of slavery. They seceded from the Union and backed that action with violence. Led by their president, Jefferson Davis, they aimed to achieve through the shedding of blood what they could not at the ballot box: to protect their vision of a white-dominated society in which African Americans were nothing more than property.

Some, of course, will insist the Civil War began for other reasons, like "states' rights," choosing to skip right past the words uttered, just after President Lincoln's inauguration, by Alexander Stephens, who would soon be elected vice president of the Confederacy. Stephens described the government created by secessionists thusly: "Its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery—subordination to the superior race—is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth."

In the speech he gave at his 1861 inauguration, Lincoln accurately diagnosed secession as standing in direct opposition to democracy.

Plainly the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it does of necessity fly to anarchy or to despotism. Unanimity is impossible. The rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left.

Davis, Stephens, and the rest of the Confederates spent four long years in rebellion against democracy and racial equality. In 1865, Lincoln was sworn in for a second term. On the ballot the previous year had been his vision, laid out at Gettysburg, of a war fought so that our country might become what it had long claimed to be, namely a nation built on the promise of liberty and equality for every American. Lincoln's vision won the election. He planned to lead the Union to final victory and, hopefully, bring that vision to life. Instead, John Wilkes Booth shot the 16th president to death.

Why did Booth commit that violent act, one that sought to remove a democratically elected president? Look at his own written words: "This country was formed for the white, not for the black man. And looking upon African Slavery from the same stand-point held by the noble framers of our constitution. I for one, have ever considered (it) one of the greatest blessings (both for themselves and us,) that God has ever bestowed upon a favored nation."

As author and Washington College historian Adam Goodheart explains, Booth was "motivated by politics and he was especially motivated by racism, by Lincoln's actions to emancipate the slaves and, more immediately, by some of Lincoln's statements that he took as meaning African Americans would get full citizenship." When Booth opened fire, his gun was aimed at not just one man, but at the notion of a multiracial, egalitarian democracy itself.

Trump may not have pulled a trigger, bashed a window, or attacked any police officers while wearing a flag cape, but he shares the same ideology, motive, and mindset as his anti-democratic, white supremacist forebears. They didn't like the result of an election, and were ready and willing to use violence to undo it. Secession, assassination, insurrection. These are three sides of a single triangle.

I hope, for the sake of our country and the world, we never have another president like Donald Trump. I hope we as a people—or at least enough of us—have learned that we cannot elect an unprincipled demagogue as our leader.

A person without principle will never respect, let alone cherish, the Constitution or the democratic process. A person without principle can only see those things as a means to gain or maintain a hold on power. A person without principle believes the end always justifies the means.

That's who Trump is: a person without principle. That's why he lied for two months after Election Day, why he called for his MAGA minions to come to Washington on the day Joe Biden's victory was to be formally certified in Congress, and why he incited an insurrection on that day to prevent that certification from taking place. His forces sought nothing less than the destruction of American democracy.

For those crimes, Trump was impeached, yes. But those crimes are far worse than those committed by any other president. Regardless of the verdict, those crimes will appear in the first sentence of his obituary. They are what he will be remembered for, despite the cowardice of his GOP enablers. Forever.

'Like I'm banging my head against the wall': Doctor sounds off on vaccine rollout disaster

The COVID-19 vaccination rollout in the U.S. is not going well in the majority of states. On Dec. 14 in New York City, Sandra Lindsay became the first American to receive the coronavirus vaccine, ostensibly just one of 20 million scheduled to do so by the end of 2020. Instead, only 3 million Americans had gotten the shot by then, and that number was only up to 4.6 million by Jan. 4. That's barely a one-quarter of the number of doses that had been shipped by then, according to the Centers for Disease Control and Prevention. (Now, in mid-January, almost 1 million doses are being administered per day.)

Dr. Fauci didn't mince words: "(N)o excuses. We should have gotten 20 distributed, and 20 into the arms of people, (and) by 20, I mean 20 million." There's no glib, "WTF" sort of phrase that properly captures how enraging this failure is. The New York Times editorial board called it "an astonishing failure—one that stands out in a year of astonishing failures."

We'll never know how many people in the U.S. will have died or suffered long-lasting harm because we are failing to hit vaccination benchmarks. Yet from the Atlantic to the Pacific, the Great Lakes to the Gulf, we all want to know why we're in this position. Certainly, some of the blame goes to The President Who Tried To Overturn An Election He Lost: Donald Trump refused, for almost a week, to sign the COVID-19 relief bill with over $8 billion earmarked for vaccine distribution—essentially because he was angry about being ignored. Thus, that money couldn't be spent on ramping up the vaccination process for seven extra days—while we all watched the sociopathic Orange Manbaby throw a president-sized tantrum. Prior to Dec. 27, the federal government provided a piddling $340 million for the rollout. As Los Angeles Mayor Eric Garcetti noted, "The federal government can't tell the local governments and state governments to do something and not give us aid."

It's yet another depraved action for which Trump has the blood of Americans on his hands—albeit not on his conscience, as that would require him to have one in the first place. Unsurprisingly, Trump is refusing to accept any responsibility. Again. Instead, he's blaming the states.

Beyond what the soon-to-be-former occupant of the White House did, the vaccine rollout's failures result from thousands of decisions made at the federal, state, and local level by people who, unlike the Insurrectionist-in-Chief, actually have good intentions. Broad reviews of those decisions, and their impact on the delay in vaccinating people, have been written elsewhere. Rather than write another one, I spoke at length with one New York City physician who takes care of patients directly, and who also has significant administrative responsibilities at an ambulatory (outpatient) facility that largely serves Americans of color, most of whom are lower-income.

This doctor, who spoke with me on condition of anonymity, is in charge of securing vaccine doses for their facility, to be administered to health care workers and other eligible staff members. Their facility is not a federally qualified health center (FQHC), which means it has to apply and be formally approved in order to receive the vaccine for its employees; most non-hospitals fall into this category. The physician's experience in seeking approval to receive and administer the vaccine has been, in short, a nightmare. "The whole process has been so stressful and is taking so long," the doctor says. "I want to protect my staff, and I have been working really hard to make that happen, but it is beginning to feel like I am banging my head against the wall."

Non-FQHC facilities seeking the vaccine in New York City must apply to the Citywide Immunization Registry (CIR), while those outside the city go through the New York State Immunization Information System (NYIIS). Non-FQHC facilities throughout the city and state have faced huge hurdles, according to the physician. Their NYC facility, after a month of waiting—while calling or emailing almost daily in pursuit of updates or an explanation for the delay—finally had its application accepted, but then was unable to order the vaccine for another week, due to a problem with the CIR computer system.

The doctor ordered the vaccine about a week into January. As of this writing, they have still not yet been informed when it will arrive. Who knows when they will actually be able to get shots in people's arms? The physician adds: "My staff is getting very antsy; everyone wants to know when we will be getting the vaccine, but I have nothing to tell them. Every day, we email the CIR and get uninformative and evasive responses."

The facility has locations across the state; outside of the city, things are even worse. Six weeks passed before those other locations learned that their applications had been accepted by NYIIS. Like the facility in the city, it remains unclear when those locations might actually receive doses of the vaccine. It's not just New York: Other cities and states are also dealing with delays and problems in getting the vaccine widely administered.

The CIR and NYIIS are significantly understaffed, and admittedly, the holiday season didn't help. Given the COVID-19 crisis, it is an open question as to whether staff should have been asked to continue working over those holidays and/or over weekends—with proper compensation, of course. New York City and state alike would've needed financial help to pay those workers—help that did not arrive in time, thanks to the whims of a certain Individual-1.

Independent doctors' offices and freestanding medical facilities face additional barriers to acquiring the vaccine for their employees. "The process has been extremely difficult, opaque and time-consuming," the clinic doctor relates. "I cannot imagine how an organization smaller than ours would ever be able to do it."

They can't, they won't, and they don't. As the physician I spoke to explained, many of these smaller facilities simply won't bother to apply for various reasons, including, but not limited to:

  • Many facilities are already short-staffed because of COVID-19, so they don't have the staff to deal with the application process and/or to administer the vaccine, as well as comply with the incredibly stringent post-vaccination reporting requirements;
  • Facilities don't have appropriate storage, particularly cold storage, for the vaccine;
  • The minimum number of doses a single facility can receive—the 100 doses in a Moderna box—far exceeds the number of employees at most of these facilities, leading to concerns about wasting doses that are needed elsewhere.

On that last point, there's another concern. Initially, there was some confusion about whether Gov. Andrew Cuomo's threat—to slap a $100,000 fine on any hospital that doesn't use all doses issued within seven days—also applies to smaller health care facilities and practices. Numerous physicians and health care administrators told The New York Times that this lack of clarity and fear of financial penalties discouraged smaller facilities from applying if they didn't have enough eligible staff to receive vaccinations. Given that the minimum number of doses a facility can order is 100, what happens if a facility only has 50 eligible employees, or 20?

Cuomo seems to have since "softened" the threat of a large fine, and clarified that facilities can send excess vaccine doses back to the state; given storage requirements—the Pfizer vaccine must be stored at -70° C—that still may present difficulties for many facilities.

If employees at smaller facilities can't get vaccinated at work, they will further burden any alternative delivery system—systems that currently are unable to handle the load they already have. Many local health departments have set up vaccination sites for health care workers, but these sites are few and far between, and appointments are difficult to get. And, how will already understaffed facilities cope with employees missing time to chase down their shots? The questions go on and on.

The New York City doctor's experience tracks with the broader failure of the city and state's vaccination rollout. Seventeen days in, barely 88,000 NYC residents had been vaccinated—1% of the population in a city as hard hit as any place in the world, where the current positive test rate stands at almost 1 out of 10. Scarily, vaccinating large numbers of people is only going to get harder, as The New York Times reports.

The pace is worrying some experts. "I do feel concern," said Dr. Wafaa El-Sadr, an epidemiology professor at Columbia University. Despite months to prepare, there still seemed to be a steep learning curve when it comes to "the nitty-gritty of how do you get it from the freezer to the arm as quickly as possible," she said. "I think there are growing pains as people are picking up how to do this."

The first phase should have been the simplest, she added. "We've started out with the easiest populations, an almost captive audience: nursing homes and hospital workers — you know who they are and where to find them."

The problems faced by non-hospitals, as reported by the NYC doctor, are echoed in the Times' analysis.

"We feel forgotten," said Dr. Kerry Fierstein, a pediatrician and chief executive of a company that runs pediatrician offices, mainly on Long Island and in New York City. "If you're owned by a hospital, you've probably been vaccinated, but if you're completely unaffiliated, you don't know when you'll get vaccinated."

More broadly, the barriers non-hospital employees face in getting access to the vaccine mirror and exacerbate larger health care and societal inequalities in the U.S. relating to race, education, and class—inequalities that are particularly acute for COVID-19. In many cases, physicians in medical practices are able to be vaccinated at the hospital where they admit patients, but only as individuals. Think of the medical assistants, phlebotomists, and front desk workers at these facilities—all of whom interact with patients directly—as well as the cleaning staff and others who are also at risk. None of them can get the vaccine at work until their facility goes through the onerous process described above, actually gets approved, and decides to follow through and order the vaccine (then receives it). These workers, along with home health aides and others working for agencies, are also more likely to be women, and more likely to be Black or brown.

Lower Black and brown vaccination rates are a particular concern due to the disproportionate impact COVID-19 has had on those communities. The lower rates result in part from long-standing (and well-founded) mistrust of the medical establishment and the government when it comes to vaccines and other health issues.

The doctor I spoke to suggested that, in order to get more Black and brown health care workers to take the vaccine, we need to offer it to them in their own workplaces, delivered by medical providers and staff with whom they feel comfortable discussing their vaccine hesitancy—people they know and trust: "I have had conversations with individual staff members who were hesitant about getting the vaccine. I was able to take the time and answer their questions—after which almost all of them decided to be vaccinated with us, because they know and trust me and our organization. They would not feel comfortable being vaccinated at a large, unfamiliar, and impersonal venue." Just one more reason to offer the vaccine in workplaces whenever possible.

Hopefully, New York and the other cities and states will share information and learn from one another about what went wrong—even as they're working feverishly to vaccinate people. "It's gone too slowly, I know, for many of us," acknowledged California Gov. Gavin Newsom shortly after New Year's. "All of us, I think, want to see 100% of what's received immediately administered in people's arms. That's a challenge."

On Jan. 5, Cuomo introduced a revised vaccination plan for New York, conceding that the existing approach wasn't working. The new plan has three components: First, vaccinate all staff and residents in nursing homes, over a two-week period. Next, a push to get hospitals to vaccinate their health care workers; and finally, "special efforts" created by the state to directly deliver shots to all eligible New Yorkers. These efforts include drive-through vaccination locations and pop-up locations in houses of worship and community centers. There's also a special focus on social equity, and making sure that Black and Latino New Yorkers get their shots.

The situation remains fluid as of this writing. Multiple rounds of changes have been issued in recent days. Taken together, they have broadened the eligibility criteria for receiving the vaccine to include all New Yorkers over the age of 65, those who are immunocompromised, and some essential workers—including K-12 teachers!

The clinic doctor remains frustrated by the continued delays in getting their facility's staff vaccinated, and it's not clear how much the revised distribution approach will help non-hospital health care workers access the vaccine more quickly ... if at all. As for whether Cuomo's new plans address these concerns and improve the overall vaccination situation in New York? Only time will tell.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

Even the election dubbed 'the fraud of the century' doesn't compare to Trump's 2020 attempted election theft: historian

The Fraud of the Century is a book by historian Roy Morris Jr., about the 1876 election that put Republican Rutherford B. Hayes into the White House over Democrat Samuel Tilden. If Donald Trump had gotten his way, the 2020 election would be a shoo-in to claim that title for the 21st century. Despite his bogus assertions, victory was not stolen from him by President-elect Joe Biden, Black voters in big cities, or anyone else who Twitter or OANN tells him to rail against. Instead, it's the impeached president who is trying to subvert the will of American voters and steal a second term. The parallels between Trump's unsuccessful attempt to do so and events that occurred after Election Day in 1876 are quite striking.

Beyond the different circumstances and outcome, in both cases what mattered most was that our election system allowed for state officials to inject themselves into the process in ways that invited partisan corruption—something both parties engaged in with equal gusto in 1876. This time, however, it was only one side—the Trump team—issuing those corrupt invitations.

First, a little background: In 1876, President Ulysses S. Grant decided not to run for a third term (which he could have done, as the 22nd Amendment wasn't adopted until 1951). At the Republican National Convention, frontrunner James G. Blaine led on each of the first six ballots but could not garner a majority. Ohio Gov. Hayes, who came in sixth on the first ballot and actually fell to seventh by the fourth ballot, emerged as a compromise candidate. Hayes finally eked out a victory on the seventh ballot, winning a mere five delegates more than necessary—out of almost 800.

By 1876, the (white) leadership of Hayes' party had grown tired of Reconstruction. The Radical Republican Party of the 1860s was fast fading into the past. The significant, albeit incomplete, steps toward full freedom and equality that Black Americans had taken since the end of the Civil War, along with the political power they'd won, were already being rolled back in much of the South, and were highly vulnerable in the rest of the region. Without federal troops on the ground to help enforce Black rights in the midst of a hostile and powerful white majority, those rights and that power would soon disappear completely in the former Confederate states.

The Democratic nominee was New York Gov. Samuel Tilden. Tilden played a leading role in bringing down Tammany Hall's William "Boss" Tweed and his organization, as well as thwarting the fraud and theft perpetrated by the Erie Canal Ring. He then parlayed his reputation as a reformer into the Democratic nomination. Tilden, however, was no progressive. On economic issues, the Democratic Party of his day was dominated by business interests and led by so-called Bourbon Democrats such as Tilden and, later, President Grover Cleveland.

On racial issues, Tilden ran in 1876 on a party platform that demanded an end to both Reconstruction—condemned as "the rapacity of carpet-bag tyrannies"—and the federal enforcement of equal rights for Black Southerners. Those rights largely still existed only in Louisiana, South Carolina, and Florida—three states where federal troops remained, and where white segregationist Democrats did not yet dominate. Tilden, in other words, was directly allied with Jim Crow segregationists. In fact, Southern Democrats engaged in widespread voter intimidation and violence during the campaign; the notorious Hamburg Massacre, carried out by white supremacist terrorists referred to as "Red Shirts," had taken place in South Carolina just months earlier, on Independence Day.

Back to Election Day. By late evening, it looked like Tilden would become the next president. His lead in the popular vote was substantial—he ended up winning 51%-48%, and remains the only candidate to win over 50% of the popular vote and not become president. Tilden had already locked down 184 electoral votes, one shy of a majority, and the chair of the Republican Party decided that the time had come to empty a bottle of whiskey, as his services no longer appeared to be required.

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Before Tilden could declare victory, however, three states—Louisiana, South Carolina, and Florida (a list that should sound familiar)—were "too close to call." I can't even write those words without a bleary-eyed, jacketless Steve Kornacki popping into my brain.


Into party headquarters strode Daniel Sickles, a top Republican, who calculated that if Hayes could just sweep those remaining three states, his party would come out on top. One might call him the Nate Silver of his day—or one might just call him a guy with a pencil who could do three-figure addition. There are other things one can call Sickles, such as the first American to be acquitted of murder on the grounds of temporary insanity: He knocked off his wife's paramour, who just happened to be the son of the guy who wrote our country's national anthem. Talk about historical connections.

In any case, once Sickles put out the message on behalf of his incapacitated-by-whiskey party leader: Hayes could still win. And so the four-month post-election saga began.

Over those four months, election integrity was nowhere to be found on either side. Republicans and Democrats alike tried to bribe and steal their way to victory, with dollars flowing like water and ballot boxes apparently winding up in the water. In that regard, the election of 1876 looks nothing like 2020, where numerous independent election monitors have stated that widespread voter fraud simply did not occur.

Although both sides committed widespread chicanery in 1876—in South Carolina, for example, turnout came in at a robust 101% of the number of eligible voters—it was racist voter suppression that proved most decisive, according to Columbia University historian and widely acknowledged expert on the Reconstruction era Eric Foner. "This election was flawed from top to bottom," Foner says. "There was violence throughout the South against African American voters to try to … make it impossible for them to vote. If there had been a fair election in the South, there's no question, Hayes would have won by a large margin."

There were actually four states where electoral votes remained up for grabs. In addition to the aforementioned and disputed three, the appointment of a single elector from Oregon was challenged by Democrats because he was a federal employee, something forbidden by the Constitution. Each of the four states' Democratic and Republican officials simply nominated their own slate of electors. They did so not on the basis of any objective counting of votes, but instead out of their simple desire to win. In Florida, the Democrats "determined" that Tilden had won by a razor thin 94-vote margin, but in reality, we'll never know the actual vote count. In the end, Congress had to decide which sets of electors were the rightful ones.

More than two months after the election, a compromise was struck, and Congress created an Electoral Commission—something never mentioned in the Constitution—and gave that body the power to decide which candidate would receive the disputed Electoral College votes.

The Democratic-controlled House appointed five members, as did the Republican-controlled Senate, and each party selected two Supreme Court justices. Those four justices chose the final "independent" member from among their remaining colleagues; and, after he was elected to the Senate, the justices chose his replacement—a Republican. He voted with the other seven Republicans right down the line, and the Commission awarded all 20 of the outstanding electoral votes to Hayes, giving him 185 to Tilden's 184, and making him president. Congress signed off on this ridiculous decision just two days before Inauguration Day, capping off the most drawn-out election in our history. At every step, partisanship ruled the vote-determination process.

The so-called Compromise of 1877 contained another, unwritten element. As previously noted, the Democrats were on record as wanting the remaining federal troops in the South to be withdrawn. It's no coincidence that the only ex-Confederate states where Hayes even had a chance of winning were ones where federal troops were still deployed as occupying forces. Democrats—the party of the Klan at the time—knew that if Hayes as president brought the removal of those troops, that was a bargain well worth taking … and they sold out Tilden. But far more importantly, the compromise marked the last step in the federal government's total abandonment of approximately four million African Americans living in the South. Both parties shook hands, and together, they ushered in the Jim Crow era and all of its cruelty.

What happened with the election of 1876—and which resembles most what Trump has been haplessly trying to do since Election Day—was the utter partisanization of the process of states certifying which candidate won. The kind of professionalism and upholding of oaths we've seen this year from election officials were nowhere to be found in the post-Election Day Hayes-Tilden clash.

The aforementioned Roy Morris wrote that Hayes—who came to be known as "His Fraudulency" or "Rutherfraud B. Hayes"—ended up in the Oval Office because of a decision issued by an appointed body, whose members acted in a manner "every bit as partisan and petty as the shadiest ward heeler in New York City or the most unreconstructed Rebel in South Carolina."

We in 2020 are extremely fortunate that some Republican officials refused to put party first. Although you've likely heard of Georgia Secretary of State Brad Raffensperger, there are other, lesser known Republicans like Aaron Van Langevelde, one of four members of the Michigan State Board of Canvassers, who also deserve great credit for rejecting Trump's baldly partisan entreaties.

A better method of electing presidents would not contain the vulnerabilities that ours does. It would not have chokepoints where partisanship and a willingness to steal victory can, at the very least, cause chaos and confusion and, with the involvement of enough corrupt individuals, actually swing the results. As Michael Li from the Brennan Center for Justice notes, "It's easy to laugh at the Trump challenges, just because they've been so out there. But what's scary, is you step back from that a bit and see how many people were willing to go along with it until fairly deep in the process." Too many are still "going along with it" as of this writing.

Top Republicans such as Mitch McConnell, Marco Rubio, and others, have made another flawed comparison: Namely, that the crap the Orange Julius Caesar has been pulling since Nov. 3 is really no different from the recount and related legal challenges Al Gore pursued in 2000. There is, however, no comparison. Barry Richard, who in 2000 represented Gore's GOP opponent George W. Bush, clearly summarized why: "There (are) not a lot of similarities. In 2000, there was clearly a problem with the defective ballots. Nobody was claiming fraud or improprieties. It was all about how we made sure everybody's vote counted."

More broadly, Gore didn't level any of the ridiculous voter fraud charges of the kind Trump's team has made this time around—did you hear the one that Borat sequel star Rudy Giuliani spit out about the food trucks that supposedly smuggled in votes in Detroit? What, did they slip a ballot inside each Coney dog?

What Gore did was simply ask for the votes to be counted properly in a single state where there really were problems with the mechanics of counting—hanging chads, anyone?—and where the margin between him and Bush came down to less than a hundredth of a percent—537 votes out of six million cast, to be exact. Plus, winning that state's electoral votes would've given Gore the presidency. Yes, it took a while, but he never questioned the integrity of the votes, merely whether he or Bush got more of them.

The convoluted, undemocratic Electoral College system that allows popular vote losers like George W. Bush and the Orange Menace to become president is a travesty. Within it, however, the one thing that's supposed to operate without too much controversy is that voters decide which candidate receives the Electoral College votes awarded by each state. Once the counting of votes is complete, certification should be relatively uncontroversial, with state officials simply signing off on the verdict rendered by voters (though Trump will surely attempt to complicate things).

In the weeks since Election Day, however, we've all seen The Man Who Lost The Popular Vote (Again) do his damnedest to corrupt that certification process and steal the presidency. Although he has failed, if he ever opened a history book and learned what happened after the election of 1876, that may well have given him hope that he might succeed.

This time, thankfully, it appears that history will not repeat itself.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas).

Here's how Biden can win back Obama-Trump voters: analysis

With the election barely a week away—and the fate of our democracy hanging in the balance—it's time for closing arguments. Turning out the base is vitally important, and it's right that most progressive attention is focused there. But I would like to take a different tack, and make sure we collectively leave no stone unturned.

Although there are relatively few undecided voters, the ones who voted for President Obama and then for Trump—and, in some cases, for Democrats in the 2018 midterms—are numerous enough to make a difference in close states that could swing the election: Michigan, Pennsylvania, and Wisconsin.

It's tempting to say: Who needs them? The answer? Joe Biden. I want to reach out to Obama-Trump voters and convince them to vote for the Biden-Harris ticket, as well as Democrats straight down the line.

Of course, COVID-19 and Trump's general unfitness are of primary importance for every type of voter, and Biden has to lead with those topics overall. Nevertheless, there are other issues and themes that Democrats must emphasize as well when targeting these voters specifically.

We know quite a bit about Obama-Trump voters thanks to survey data, which I summarized in my recent book. Most of them "expressed high levels of anger toward non-whites and foreigners," even though they voted to elect the first African American president. This might seem counterintuitive, yet the data shows, for example, that a quarter of the white voters who disapproved of interracial couples nonetheless cast a ballot twice for Obama—whose own parents were an interracial couple.

Reaching out to Obama-Trump voters does not in any way mean accepting or, even worse, playing to any kind of racial resentment. Barack Obama never did that. Doing so would represent a clear violation of our most fundamental progressive values. Nevertheless, we can and should try to win votes where we can while always remaining true to those values. We can do what Obama did so well, namely get those voters to prioritize interests other than their perceived racial grievances. That's the opposite of what race-baiting demagogues like Trump do.

For example, we know that a decent chunk of Obama voters overall "expressed varying degrees of white racial resentment while also overwhelmingly embracing liberal positions on issues such as taxation and the existence of climate change." These are the Obama-Trump voters who are most likely to choose Joe Biden.

Likewise, the Obama-Trump-2018 Democratic voters held strongly progressive positions on health care, the environment, and gun control. However, they took a somewhat less progressive stance on immigration—although a majority nonetheless supported DACA, and there was little daylight on that issue between them and the Obama-Trump voters who went Republican in 2018—and were less progressive still on a border, as well as race and gender issues.

On a related note, the graph below also shows those who voted for Obama in 2012, then sat out 2016, before coming back to the Democrats in 2018. Compared to Obama-Trump-2018 Democrats, those voters look more like the Democratic base, i.e., those who voted for Obama and Hillary Clinton, in particular on health care and the environment. It's worth noting that support for two economic issues garnered almost universal support among all three groups: raising the minimum wage to $12 an hour (it doesn't appear they asked about a higher level) and raising taxes on millionaires. Those two issues don't appear in the graph, but were discussed in the article from which it came.

Voters who voted for Obama in 2012, then Trump in 2016.

To be sure, Biden has been talking about health care, the minimum wage, millionaire's taxes, and climate. Now is the time for him to powerfully hammer home the differences on these vital issues between him and the Man Who Lost The Popular Vote. The large numbers of early voters, especially among Democrats, actually makes such an approach even more strategically valuable now than even a couple of weeks ago.


To any undecided Obama-Trump voters reading this, I'll say the following: Vice President Biden and Sen. Harris will enact economic policies to help the bottom line of middle- and working-class voters who are doing everything they can to make ends meet. The Democrats will make the wealthiest—the richest of whom have increased their net worth by an obscene amount during the pandemic—pay their fair share. Furthermore, a Biden White House will raise the minimum wage so that a full-time job pays a living wage.

Trump's policies, on the other hand, pad the bottom line of millionaires and billionaires, and do little to nothing for the vast majority of Americans. Because he doesn't want you to be thinking about that fact when you cast your ballot, he constantly spews lies aimed at scaring you about Black and brown people.

The Democrats will build on Obamacare, making it more affordable and accessible. The Republicans want to destroy it and return us to the days when having a preexisting condition—like, for example lung damage caused by COVID-19—makes it practically impossible to get health coverage. Joe Biden will fight to protect our environment, to keep it clean, safe, healthy and, in a word, livable—creating huge numbers of jobs in the green industries of the future in the meantime, while also taking care of workers during the transition. The Orange Julius Caesar stands instead with polluters who don't care that their actions harm the health of the American people, not to mention their own employees. Big picture: Trump and the Republicans will fight only for those at the top, while Biden and the Democrats will fight for every American. That's why you should vote Democratic.

In reaching out to these Obama-Trump voters, Biden cannot ignore racism—either its prevalence in our society, in Trump's policies, or in his rhetoric—when appealing to Obama-Trump or other undecided/persuadable voters who may not be, despite our fondest wishes, across-the-board progressives. In fact, those voters need to hear how race intersects with economics, in particular when it comes to Trump's campaign message, because explaining that will only further convince them to vote Democratic.

Prof. Ian Haney López has explored this issue in depth. His research—which included extensive surveys designed to test various messages—is laid out in his recent book Merge Left: Fusing Race and Class, Winning Elections, and Saving America. The book makes clear exactly what is the most effective way to talk about race and economic issues. Since its publication, López has continued his work, creating a whole array of material as part of his Race-Class Academy, which seeks to explain "how together we can beat dog whistle politics by building cross-racial and cross-class solidarity." Here's the guts of his message:

Certain politicians exploit racist rhetoric to divide and distract, while they rig government and the economy for themselves and their big money donors. They get richer, we get poorer—and the power of government is turned against communities of color.

But we can fight back and win. Here's the most powerful movement-building message today:

When we come together to reject racism as a weapon of the rich, we can make sure that the government works for all of us, of every race and color.

A team led by López put together a series of 12 short videos that present the race-class message. The videos were created recently enough to incorporate COVID-19 and its effects. The first set examines how the economic elites use racism as a class weapon. The next set demonstrates how more limited, standard progressive messages—such as the race-blind, class-only approach, and the class-blind, "call out racism" approach—are not the most effective ways to gain widespread support for progressive candidates and policies. The third set explains in depth the race-class message itself. The final video argues that we now have the best opportunity in our history to create a sustained cross-racial alliance of voters—what López calls "race-class solidarity"—to not only defeat Trump and the economic elites he serves, but to create lasting change and achieve both racial and economic justice. The videos all together take 25 minutes, and I encourage you to watch them all.


Race-Class Academy 1.1 - Dog whistle politicsyoutu.be

López tested the race-class message against the other progressive messages mentioned above, as well as the racial fear message used by those, like Trump, who practice dog whistle politics. The race-class message proved to be the most appealing one not only to whites, but to Latino and Black voters as well. Most recently, in a New York Times op-ed that focused on how to win over Latino voters, Prof. López argued:

As Mr. Biden makes his own pitch, he should see Hispanics not as a monolith but as America in microcosm. Some Latinos view themselves as whites, others as people of color, and still others minimize the importance of race in their lives. Typically, this diversity among Hispanics — and in the multiracial Democratic coalition more generally — is seen as a major challenge for Democratic strategists. But our research suggests there's a way to build common cause that speaks persuasively across the spectrum of class and race. By pointing to Mr. Trump's strategic efforts to stoke division, Mr. Biden can better make the case that our best future depends upon joining together.

As for Biden making the case, just about a month ago, in Manitowoc, Wisconsin, he specifically addressed Obama-Trump voters. He acknowledged that "an awful lot of people in this county" voted for the Obama-Biden ticket and then voted for Trump in 2016. Biden continued: "I know many of you were frustrated. You were angry. You believed you weren't being seen, represented or heard. I get it. It has to change. And I promise you this, it will change with me. You will be seen, heard and respected by me. This campaign isn't about just winning votes, it's about restoring the basic dignity in this country that every worker deserves."

Elsewhere in the speech, Biden contrasted his support for raising the federal minimum wage to $15 an hour, as well as his plans on taxing the rich, health care, and more, with those of Trump: "Trump's tax cut for the wealthy is going to cost billions of dollars a year and whose hide does it come out? It comes out of your hide. The simple truth is that Donald Trump ran for office saying he would represent the forgotten man and women in this country. And then once he got in office, he forgot us. Not only did he forget them, the truth is that he never really respected us very much."

These are powerful words, and important sentiments. Biden and Democrats need to keep on emphasizing their stark differences from Trump and the Republicans on these kinds of bread-and-butter economic and public health issues in order to identify exactly whom each candidate and party truly cares about. This is, as the former vice president has stated repeatedly, a campaign where one side represents Scranton and the other Park Avenue. Biden must also highlight how Trump and his ilk use racist dog whistles to divide middle- and working-class voters along racial lines—and distract them from the reality that his real interest is helping those at the very top.

That's how we bring those Obama-Trump voters and other undecideds—as well as the Latino voters whom we need to win overwhelmingly—into the Democratic column, and bring an end to the most destructive presidency in our country's history.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

Sexist Tomi Lahren tweet about masks perfectly illustrates why Biden is crushing Trump among women

Female voters really don't like the impeached president. According to CNN, the five most recently conducted live interview polls found Joe Biden leading Trump among women by an average of a whopping 25 points—with the gap sitting at an even whoppinger 34 points in CNN's own poll. If that trend holds, we're talking about double the recent margins among women achieved by Hillary Clinton against Trump four years ago (12 points), as well as those of President Obama in 2008 (13 points), and 2012 (11 points).

There are more reasons for Biden's spectacular edge among female voters than there are tubes of self-tanner in the Orange Julius Caesar's bathroom. But two of them—misogyny and his utterly anti-scientific response to COVID-19—are intimately intertwined. These delusions came together recently in a single tweet from one of his minions.


As this tweet makes abundantly clear, in the deluded mindset of Trumpworld's denizens, wearing a mask is: a) a sign of weakness, and b) a sign of, somehow, being a woman—which is itself seen, by them, as equivalent to weakness. If that sounds absurd to you, it's a pretty solid indication that you are: a) not deluded, and b) neither Trump nor one of his minions.

Tomi Lahren may not be valuable enough to the cause to merit two hours of The Man Who Lost The Popular Vote's time—not to mention the Medal of Freedom to boot. Still, she has 1.7 million Twitter followers, was dubbed a "rising media star" by the New York Times, and hosts a show on Fox Nation. In this single tweet, she managed to encapsulate the stupidity, misogyny, and hatefulness of Donald Trump.

She also makes crystal clear why women voters are overwhelmingly supporting Joe Biden.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

Here are 2 key elements Biden needs to highlight from the Trump tax bombshell

The first presidential debate is sure to be a bananarama full of bonkers. As anyone who has been watching the current presidency already knows, Joe Biden will have to deal with a torrent of lies and personal attacks from The Man Who Lost the Popular Vote—often packaged together in the same word salad jumble of an answer.

But one thing we didn't know—until about 48 hours ago—was that the entirety of Trump's decades-long tax scam, as well as his utter failure as a businessman, would be laid out in The New York Times. As Daily Kos founder Markos Moulitsas wrote, "it's worse than anyone could've imagined." Worse for Trump, but perhaps better for the American people … if it helps sink him further in the polls.

In terms of the debate, there's one effective way for Biden to talk about this issue.

The key is for the former vice president to boil down the whole sordid story into two central elements, each of which connects to one powerful emotion Biden wants evoke in voters. The first targeted emotion should be anger. Biden should emphasize—as he's already done in ads—the injustice of Trump living a life of luxury while getting away with paying little to nothing in income taxes. This should be a straightforward, relatively simple thing for Biden—who grew up in modest circumstances himself—to accomplish.

The second element connects to voters' fear. Trump owes what finance experts soberly refer to as a shit ton of money, and most of it will come due in a would-be second presidential term. Having a president who is that compromised should scare the bejeezus out of every American, as Paul Krugman explained.

Personal financial trouble has always been a red flag when it comes to filling sensitive government positions, because it's an open invitation to corruption.

So the confirmation that the nation's chief law enforcement and national security official — whose business empire already offers many opportunities for undue influence — is drowning in debt is chilling.

[...] So now we have a deeply indebted business owner with every incentive to engage in malfeasance — except that in addition to running his business, he's running the United States of America.

To be clear, Biden should not have to carry the ball by himself tonight on Trump's tax shenanigans. This is a topic of vital importance, and no matter what else moderator Chris Wallace had planned to focus on, he needs to address it.

After Wallace (hopefully) brings up that question, and Trump offers whatever flailing response he can muster, Biden will have his chance.

There are very few undecided voters at this point in any campaign. That's especially true when one candidate is a sitting president, and it appears to be even more true this time than usual. Frankly, the most effective way to motivate undecided voters is to either to piss them off or to scare the shit out of them.

Biden needs to seize the opportunity provided by the latest bombshell about Trump's tax scam, and do both.

Trump rarely mentions his one major accomplishment -- because people don't like it

Remember the GOP Tax Scam? Have you noticed that neither Donald Trump, nor any the Republicans who voted for it, are out on the campaign trail touting the single major piece of legislation that resulted from their party's two-year trifecta—when Republicans held the presidency alongside majorities in both houses of Congress? That says everything about how they operate. Their entire politics are bait-and-switch.

The bait, especially with Trump—although he's far from the first Republican to follow this blueprint—is screaming about Black and brown people. The switch is what they actually spend their political capital on. In Trump's case, it was the Rich Man's Tax Cut of 2017. As the latest data—analyzed by David Cay Johnston—demonstrates, that tax scheme overwhelmingly benefited the people who needed the least help.

Shocking, I know.

Johnston laid out the information in great detail, but here are the guts of it: "The Trump/Republican tax savings were highly concentrated up the income ladder with hardly any tax savings going to the working poor and only a smidgen to the middle class." Gee, no wonder Trump isn't crowing about that tax cut at his rallies.

As for the pre-COVID-19 economy under Trump, more broadly? Again, the record is not a good one.

The first data showing how all Americans are faring under Donald Trump reveal the poor and working classes sinking slightly, the middle class treading water, the upper-middle class growing and the richest, well, luxuriating in rising rivers of greenbacks….More than half of Americans had to make ends meet in 2018 on less money than in 2016, my analysis of new income and tax data shows.

Johnston found that households earning less than $50,000 saw their overall incomes drop by an average of $307 per household between 2016—the last year of President Obama's second term—and 2018—the first full year the Trump Rich Man's Tax Cut was in effect. That's just under 87 million Americans. I loved Johnston's plain-spoken summary of the situation: "That 57% of American households were better off under Obama contradicts Trump's often-repeated claim he created the best economy ever until the pandemic."

So The Man Who Lost The Popular Vote's big fat cat tax cut did nothing for the middle or working classes. What did Trump do in that case? Promise to pass one that will, of course. In January, he assured us we'd have the details in 90 days. "We're talking a fairly substantial ... middle-class tax cut," said the Orange Julius Caesar. In February, the White House talked about a "Tax Cut 2.0," and Treasury Secretary Larry Kudlow mused about how "we'd love to have a 10% middle-class tax cut."

When might we see it? Will they stick to the target date of 90 days? Not so much, according to Kudlow: "It will come out sometime in September." Well, folks, September is almost over.

Whatever you can say about Trump, he's a good enough marketer to know you can't sell a loser. And his 2017 tax scheme is one. The most recent polling we have on it comes from the spring of 2019, and it's not pretty.

ScreenShot2020-09-25at5.47.50PM.png

Gallup did its own poll, and reviewed some other contemporaneous, high-quality surveys. Here's what they had to say at the end of April 2019:

The 2017 Tax Cuts and Jobs Act (TCJA) is not turning out like President Donald Trump and the Republicans hoped it would -- at least, based on the public opinion data we have to date. Americans remain more likely to disapprove than approve of the law, with 40% approval and 49% disapproval in Gallup's latest update. Other recent polls confirm that the tax reform law is viewed more negatively than positively -- including surveys conducted by the Pew Research Center (36% approve/49% disapprove), Monmouth University (34% approve/43% disapprove), and Economist/YouGov (34% support/40% oppose).

Even though they rarely, if ever, tell the truth about it on the campaign trail, the one thing you can always count on Republicans doing when they get their hands on power is sending more and more money up the economic ladder, through changes to the tax code. That's what they did under Ronald Reagan—when he had a Republican Senate and effective control of the House, thanks to conservative "Boll Weevil" Democrats siding with the GOP. They did it again under George W. Bush, and once again under Trump. And Since Republicans can't actually run on their record of passing tax cuts for the rich, they come up with other "wedge" issues.

Trump is doing exactly that with his own special brand of turbo-charged race-baiting. Let's help Joe Biden and Kamala Harris, as well as Democrats all over the country, make sure the American people have the facts about who is really on their side.

Voting alone is not enough. Can you get 10 friends who live in battleground states to commit to vote for Joe Biden? Sign up to become a vote mobilizer with MoveOn's Mobilize to Win campaign, and use your personal network to help fuel a big blue wave of record-breaking turnout.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

If Adams and Jefferson can change the number of justices, so can the Democrats

The Supreme Court didn't always have nine justices, and that number is not set in the Constitution. The number of justices has been changed on multiple occasions throughout our nation's history, each time for a similarly partisan reason—namely to give one party more influence over the court's membership. And the first back and forth over the number of justices was a struggle between two of our most prominent Founding Father presidents.

Let me lay out a scenario: On Election Day, let's say the American people defeat an incumbent president, and give control over both houses of Congress to the party of the president-elect. In a lame-duck act that completely contradicts the very recently expressed will of the people, the incumbent's party then takes action clearly designed to limit the incoming president's ability to shape the Supreme Court going forward. Shortly after inauguration, the new president and his party take steps to reverse that action, steps that include changing the number of seats on the Supreme Court.

This may seem like a prediction of what might happen in the coming months, but what I've just described happened over two centuries ago.

A mere 19 days before the end of his presidency, John Adams signed into law the Judiciary Act of 1801, which reduced the number of Supreme Court seats from six to five—by mandating that the next vacancy go unfilled—and also created 16 new circuit court judgeships. These became known as the "midnight judges" because, as the legend goes, President Adams was processing and signing off on the appointments of these new judges all through his last night in the White House. Then, with his signature not yet dry on the parchment, he decided to make like a tree and got out of there.

An outraged Thomas Jefferson took office and set out to undo what Adams had done. The new Democratic-Republican majorities in Congress sent a bill to the new president's desk that repealed his Federalist predecessor's last-ditch attempt to control the future of the judiciary. Thus, Jefferson changed the number of seats on the Supreme Court back to six, and undid the creation of the new Adams judgeships. As well he should have.

This historical example reminds us that changing the number of seats on the Supreme Court requires only a simple act of Congress. In fact, that number was changed on five other occasions as well. As for why, political scientist J.R. Saylor wrote in the Baylor Law Review that the party in power enacted each of these changes in order to either "purge the Court of … justices making decisions objectionable to an incumbent of the White House or to a dominant party majority in Congress," or to "'pack' the Court in order that the policies of the government in power would be upheld as constitutional."

In an echo of our current situation, the most recent of these changes involved a reactionary president who went against the expressed will of the people. Southern white supremacist Democrat Andrew Johnson, an accidental president if ever there was one, had the opportunity to fill a Supreme Court vacancy in 1866, but the Republican Congress—the liberals of the day on racial issues—eliminated the open seat through legislation. Johnson was unable to fill the seat before leaving office. In 1869, after Republican Ulysses S. Grant—the pro-Reconstruction president whose administration destroyed the existing Ku Klux Klan—took office, his Republican allies added back the ninth seat in the name of democracy.

The 800-pound gorilla when it comes to the history of adding seats to the Supreme Court? Franklin Delano Roosevelt and his famous "court-packing" scheme, which, on the face of it, ended in failure when Congress rejected it. However, Roosevelt achieved his goal anyway, because Justice Owen Roberts—in the "switch in time that saved nine" (color me impressed if you know the source of that cliche)—changed his position on the constitutionality of New Deal economic legislation, including laws setting a minimum wage and the National Labor Relations Act. The switch, as law professor John Q. Barrett notes, "took the air out of the Court-packing balloon." Ultimately, FDR's threat of adding seats to the court rendered the action itself unnecessary.

That brings us to today, and the open seat on the Supreme Court held, until last week, by one of the most impressive people in American history, Ruth Bader Ginsburg. As a lawyer, she convinced SCOTUS that gender discrimination was unconstitutional before, some years later, joining the nation's highest court and continuing her fight for equality. Of course, the question of how and when to fill the seat held by Justice Ginsburg is directly connected to how and when the seat held by Justice Antonin Scalia was filled only a few years ago. For your reading pleasure, I'll give you the recap from Daily Kos' own Hunter.

When [Scalia] died in February of 2016, Senate Republicans discovered a heretofore unidentified, now-infamous caveat to President Barack Obama's constitutional powers: Black presidents aren't allowed to fill vacant Supreme Court seats during an election year. The Senate refused to even consider the nomination of Merrick Garland, who was put forward by Obama for the role; instead, the seat was simply left vacant for the duration of Obama's term. When Republican Trump was installed as president the next year, the Senate swiftly confirmed his own conservative nominee.

That nominee was Neil Gorsuch, and his seat is the one that was stolen. What Sen. Mitch McConnell did was the unjust act that broke the system. By comparison, a Democratic Senate confirmed Anthony Kennedy to the Supreme Court in February 1988, less than a year before Ronald Reagan's second term ended.

Yes, that Senate had previously rejected Reagan's first nominee, Robert Bork. Even now, supposedly reasonable Republican pundits like Ross Douthat and Bret Stephens still wrongly point to Bork's rejection as the event that kicked off the current back and forth on court nominations. They seem to forget that the Senate has said "no" to multiple other nominees, including two who were rejected in both 1969 and 1970 because of their ideologically extreme views—the same reason Bork was not approved. In Kennedy, Reagan still got a justice confirmed by a Senate controlled by the opposing party less than a year before a presidential election.

No, the clear act that crossed the Rubicon occurred in 2016. Never before had the party that controlled the Senate simply ignored a nomination made by a sitting president from the other party, and then held the seat open until they had won the presidency and could fill it themselves. People throw around the word "unprecedented," but it has a real meaning: something that has never been done before. It's also worth noting that the word "precedent" (Roe v. Wade is one that's in serious jeopardy right now) has great significance when we are talking about the Supreme Court.

McConnell's unprecedented actions created the McConnell Rule; Moscow Mitch claimed he was following a nonprecedent that he called the "Biden Rule," which was really just a 1992 speech then-Sen. Joe Biden gave on the Senate floor. While Biden did encourage then-President George H.W. Bush to wait to put forward a SCOTUS nominee until after that year's election, it was a speech about a hypothetical seat, and little more. Furthermore, Biden stated he had no problem with Bush nominating someone after Election Day if that hypothetical opening became a reality, and added that "action" on that nomination could proceed at that point.

For McConnell to claim Biden's speech justified his refusal to hold hearings for Garland was, in a nutshell, a flat-out lie. What McConnell did in 2016 did bears no resemblance to the remarks made by Biden in 1992—who was only one senator, by the way, and not even his party's leader at the time.

And now, in 2020, McConnell is changing the McConnell rule—completely violating it, actually. He blathered something about how this time really is different from 2016. According to McConnell's twisted logic, via the 2018 midterms, the American people chose Republicans to pick justices over the next two years. Never mind that only one-third of Senate seats were up for grabs—including only nine held by Republicans, compared to 26 seats held by members of the Democratic caucus, many running in states Trump had won two years earlier. I'll let Montana Sen. Jon Tester—a Democrat who won in one of those red states in 2018—respond: "They won a mandate in 2018? They lost the frickin' House. They're making excuses for something that they know is totally corrupt." The American people agree.

One of the more brilliant pieces I've seen recently comes from Stuart Thompson at The New York Times. He published an op-ed this week constructed entirely of statements that Republican senators made in 2016 to justify not considering the nomination of Merrick Garland. I'll share just a few.

Here's Texas Senator Ted Cruz: "For 80 years it has been the practice that the Senate has not confirmed any nomination made during an election year, and we shouldn't make an exception now." And Mitchy McTurtle himself: "The American people are perfectly capable of having their say on this issue, so let's give them a voice. Let's let the American people decide. The Senate will appropriately revisit the matter when it considers the qualifications of the nominee the next president nominates, whoever that might be." Finally, here's Iowa's Joni Ernst—conveniently up for reelection this year, and locked in a race that looks very much like a toss-up: "And if the decision is made that we have a Democratic president, that's a decision we will live with."

And then there's Lindsey Graham.

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"I want you to use my words against me. If there's a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let's let the next president, whoever it might be, make that nomination." pic.twitter.com/quD1K5j9pz
— Vanita Gupta (@vanitaguptaCR) September 19, 2020

As for Mitt Romney, he may not be a hypocrite on this matter, having not been a senator in 2016, but he's definitely a coward.

Are the actions taken by Trump, McConnell, and their Republican Senate lackeys within the rules laid out by the Constitution? Yes, they are. Nevertheless, this kind of rank hypocrisy—of Republicans doing one thing when it gives them more power, and then doing literally the opposite thing when that would give them even more power—represents an abuse that cannot go unaddressed in a healthy democracy.

Starting with the election of 2000, and including most of our national elections since then, the Republicans have been the minority party as Democrats have consistently won more popular support. Yet, because of the vagaries of the electoral college, the overrepresentation of rural and white voters in our Senate (Americans of color are more disproportionately underrepresented now than at any point since 1870), and the extreme gerrymandering opportunity seized upon by Republicans after they did well in a lower-turnout midterm election in 2010, the GOP has continued to enjoy a degree of power that far exceeds the level of support they earned from American voters.

If The Man Who Lost The Popular Vote fills the seat that belonged to Justice Ginsburg, there will be five conservative judges on our highest court, all appointed by men who became president after getting fewer votes than their Democratic opponents. That's enough by itself to provide a majority decision on any case brought before the Court. Them's the rules, as they say. Trump himself justified his plans along similarly thoughtful lines.

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"When you have the votes, you can sort of do what you want," Trump tells Fox of comparisons to Obama/Garland.
— Alex Seitz-Wald (@aseitzwald) September 21, 2020

There is a point, however, at which the rule of a numerical minority over the majority becomes incompatible with democracy. It becomes illegitimate. Although that's reason enough to act, if Democrats win the White House and Senate and add seats to the Supreme Court, they will merely be doing the same thing Republicans did: playing by the rules and exercising the power the Constitution provides them. After all, when you have the votes, you can sort of do what you want. Looking at it another way, at some point, after a bully pushes you around long enough, you're justified in fighting back.

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If Trump and McConnell get their way, and Democrats then win big in November, they will have no choice but to stand up for democracy by adding two seats to balance the Supreme Court. Even this would not fully redress Republican misdeeds—which would require replacing Justice Gorsuch with Merrick Garland as well—but it would be something they could do by eliminating the filibuster and simply enacting legislation. Furthermore, I believe a majority of the American people could be convinced to support such a step, recognizing it as a proportional response. As Paul Waldman argued in The Washington Post, the Democrats can absolutely justify such actions by making "Look what you made us do" their "guiding mantra."

But maybe it doesn't have to come to that. It would be better for our country if it didn't, if the two parties could figure out a better alternative. The best outcome would be to use this opportunity to remember the concept of mutually assured destruction, and engage in disarmament.

If McConnell believes that Biden and the Democrats will win, and would act on expanding the Court—an action that would surely leave Republicans vowing to do the same if they get the opportunity down the road—would he make a deal on a major reform to the way Supreme Court justices are chosen, and how long they serve? Reasonable reform plans have been proposed involving term limits that, for example, would have one justice retire and be replaced every two years. If Republicans don't hold a vote on Trump's nominee before the election, and Democrats win the White House and Senate, Democratic Senate Minority (for now) Leader Chuck Schumer's leverage would only increase.

Such a deal, so long as it included holding off on filling the existing open seat, would be the best outcome. It would provide a way out of the escalating wars between the parties over Supreme Court nominations, wars that would only get worse if that seat were filled by Trump and McConnell's Senate, and Democrats were forced to take appropriate actions in response.

I highly doubt this kind of comprehensive reform will be enacted, largely because Republicans have always operated from one basic principle: What can we do that will give us the most power? And, as I noted Tuesday on France 24, there's really nothing to stop them from moving forward.

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Perhaps if Democrats can convince McConnell & Co. that exercising the power they already have before January will cost them more power in the long run, a deal can be struck. Either way, the history lesson from our founders teaches us that the number of Supreme Court justices has, right from the start of our Republic, been subject to change, based on who currently holds the power.

If—and I truly hope for the sake of our system of democracy they do not—Republicans abuse the power they currently hold, and then lose the Senate in November along with the presidency, then Democrats must, in the name of democracy, undo that abuse. In doing so, Democrats would not be setting forth on a radically new path—no matter how loudly hypocrites like McConnell and Lindsey Graham might squeal. Today's Democrats would simply be following the precedent created by their party's founder when he undid a lame-duck attempt to subvert the will of the people.

And they'd be right to do it.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

Tracing the roots of city boy Trump’s racist ‘suburban dream’ nonsense — all the way to Rush Limbaugh

It’s no surprise that the current occupant of the White House is running for reelection on racism. Given his track record, it would be a surprise if he weren’t. Donald Trump’s racist rhetoric has always centered on fearmongering around crime, going back not just to the start of his presidential campaign in 2015, but back to the 1980s. Now he’s at it again, this time with a focus on the suburbs and, in anachronistic language that evokes June Cleaver or Carol Brady, ”suburban housewives.”

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Trump must be impeached and removed for commuting Roger Stone's sentence. Here's why the ule of law demands it

It’s very simple: By commuting Roger Stone’s sentence, The Man Who Lost The Popular Vote has sent a clear signal that anyone who does something illegal on his behalf, or who has knowledge of something illegal he has done and lies about it under oath, and/or to investigators, will never be punished. This an act that fatally weakens the constitutionally mandated checks and balances through which our democracy prevents a president from achieving dictatorial power.

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Here's a brutal look at what Trump is doing to the US image around the world

George Floyd was not the first unarmed Black person to die at the hands, so to speak, of a police officer. We already know he won’t be the last (say his name: Jamel Floyd). The death of George Floyd, along with similarly unjust killings that recently took the lives of Ahmaud Arbery and Breonna Taylor, sparked protests that rightly focused the attention of our country and the world on systemic racism, white supremacy, and police violence in America.

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With it’s bothsidesism and pro-Trump onesiderism, the New York Times is flailing — and failing its readers

What the hell is going on at The New York Times? This question has arisen far too often in the past few years, most recently last week after James Bennet, the paper’s now-former editorial page editor, pitched and then published—without reading it first, allegedly—a fascist op-ed by Republican Sen. Tom Cotton of Arkansas. They were rightly reamed for it, with their own 2020 Pulitzer Prize winner and "The 1619 Project" creator Nikole Hannah-Jones leading the way, saying, “As a black woman, as a journalist, as an American, I am deeply ashamed that we ran this.".

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America could learn a lot from the state hit hardest by COVID-19 — if only Republicans would listen

The pandemic has created an almost infinite number of questions. One of the biggest faced by our country, our states, and our localities is how to start “reopening.” Most states mandated widespread closures of businesses and other public institutions in order to mitigate the damage caused by COVID-19, but even with those measures, and social distancing, we’ve already lost over 100,000 Americans—disproportionately Americans of color.

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Republicans prove they'll never miss an opportunity to help the top 1% — not even during a pandemic

Which of the following statements do you think are true?

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Here's why people stick with Trump and Fox News — even when their lies kill

Why are Trump supporters so devoted? The simple answer is that they are members of a death cult. Call it the #TrumpDeathCult. Beyond that simple answer, there’s this: When your identity rests on Trump and his party being right, to admit that they are wrong—or worse, that they don't even give a rat's ass about you and yours—requires rethinking everything you are. I guess for some people, dying is easier.

If this news, reported by The New York Times, doesn’t make a person run screaming from the land of Trump, Fox News, and bald-faced lies back to the world of facts and science, then I don’t know what will.

The official who led the federal agency involved in developing a coronavirus vaccine said on Wednesday that he was removed from his post after he pressed for rigorous vetting of hydroxychloroquine, an anti-malaria drug embraced by President Trump as a coronavirus treatment, and that the administration had put “politics and cronyism ahead of science.”

In a scorching statement, Dr. Bright, who received a Ph.D. in immunology and molecular pathogenesis from Emory University, assailed the leadership at the health department, saying he was pressured to direct money toward hydroxychloroquine, one of several “potentially dangerous drugs promoted by those with political connections” and repeatedly described by the president as a potential “game changer” in the fight against the virus.

“I believe this transfer was in response to my insistence that the government invest the billions of dollars allocated by Congress to address the Covid-19 pandemic into safe and scientifically vetted solutions, and not in drugs, vaccines and other technologies that lack scientific merit,” he said in his statement. “I am speaking out because to combat this deadly virus, science — not politics or cronyism — has to lead the way.”

Folks, we are living in 1984, and we have been for some time now. To paraphrase George Orwell: Hydroxychloroquine is a game changer. Hydroxychloroquine has always been a game changer. We will not speak of hydroxychloroquine. We have never spoken of hydroxychloroquine.

And yet I still can’t believe these people don’t stand up and reject their right-wing masters. I’m like Charlie Brown, who thinks that this time—despite it never having happened before—Lucy will let me kick that ever-loving football. “What’s wrong with these conservatives?” I scream in my head. Don’t they care about themselves? About their own friends and families? Do the Fox News viewers even notice that suddenly no one is talking about hydroxychloroquine anymore, after it was hyped for weeks? Don’t they care?

Of course, this is even bigger than just hydroxychloroquine. Even though they had been warned—and thus knew better—Trump, Republicans, and Fox News have been lying about the severity of the coronavirus since the start. Then, once the bodies started piling up, they began lying about the fact that they had lied.

Will large numbers of Trump supporters and Fox News true believers ever get angry enough about being peddled deadly lies that they turn against Republican candidates? The answer appears to be no. Are they really more interested in “owning the libs” than the lives of their loved ones?

Sadly, the answer appears to be yes.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas).

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Weaponizing an epidemic for political purposes is exactly what Limbaugh did to Obama

“It looks like the coronavirus is being weaponized as yet another element to bring down Donald Trump," Rush Limbaugh, February 26, 2020

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Here's why Nancy Pelosi should make recent Republican Rep. Justin Amash an impeachment manager

Let’s start with this: Screw Jeff Van Drew (nothing like a little rhyme to inaugurate a post, right?). But seriously, the primary argument being deployed by The Man Who Lost The Popular Vote and his Republican sycophants is that the whole impeachment thing is just about partisanship. Here’s a tweet from a Trump campaign mouthpiece:

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Trump once promised to back Medicare negotiating drug prices. Now he's the one blocking it

Donald Trump is a liar. Shocking, I know. But I’m not talking about the thousands of lies—actually it’s now well over 10,000—he has told in the course of his time occupying the Oval Office. Today I’m going to focus on one very specific lie: the lie of a broken promise, on a matter of great importance to the pocketbooks and wallets of tens of millions of Americans. This lie, this repudiation of a campaign promise he made in 2016, clearly contrasts The Man Who Lost The Popular Vote’s policies with those of Democrats. This contrast is one that our party must make central to the 2020 campaign.

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Kellyanne Conway just flat-out rejected democracy. Here's what that means for the Trump team's impeachment plan

I’m not sure there’s any other way to put it. A few minutes ago, Conway told Chris Wallace, on Fox News Sunday, that she—presumably on behalf of Donald Trump—rejects democracy. Wallace brought up the White House’s policy of seeking to prevent potential witnesses from testifying in the House impeachment inquiry, and then asked whether that would continue now that the “full House” has authorized the process.

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Trump proves he's Nixon, Neville Chamberlain and Boss Tweed all rolled into one

You ever just have a day? A day that, to quote Ma Kelly from the great gangster spoof Johnny Dangerously, really sucks? America had a day like that on Thursday.

In fact, that’s even worse than the garden-variety appeasement practiced in 1938 when British Prime Minister Neville Chamberlain, along with his French counterpart, sold out Czechoslovakia to Adolf Hitler in the shameful Munich Agreement. At least Chamberlain didn’t pathetically parrot Hitler’s lies about ethnic Germans in the Sudetenland being supposedly abused by the Czechoslovak government.

And, before we go any further, of course Erdoğan is not Hitler and Turkey is not Nazi Germany. But that doesn’t mean that Trump isn’t Chamberlain, or arguably worse, in terms of the immorality of the appeasement being carried out. Hell, the Syrian Kurds fought and shed blood alongside our soldiers. The British didn’t have troops in Czechoslovakia that Chamberlain pulled out of Hitler’s way. And not to defend Neville Chamberlain, but at least his intentions were avoiding another world war. What’s Trump’s excuse for appeasing Erdoğan?

Either way, the parallel is clear. In both cases, the aggressor wanted territory from a smaller neighbor, and the larger world power not only said okay, but essentially authorized the surrender of that territory. Oh, and it looks like Turkey is already violating the so-called ‘ceasefire’ that was supposed to give the Syrian Kurds five days to hightail it out of the lands where, as Mark Sumner pointed out, they had lived for four millennia. They have now allied themselves with the only other forces who can protect them, namely the vicious Assad government in Damascus. We can also note that the big overall winner here, in addition to Turkey, is Vladimir Putin—Assad’s ally on the ground in Syria—who is now filling the power vacuum being left by our pullout. Think he’s happy about helping Trump get elected?

There’s also the issue of U.S. credibility around the world. I know that “credibility” is too often used to justify continuing an unjustifiable war. But seriously, who in the world will ever join with us again in a fight after seeing how we treat our allies after that fight is over? Speaking of Putin laughing his ass off at our, er, ‘policy,’ a talking head on Russian state TV noted, somberly of course, that:

The Kurds themselves again picked the wrong patron. The United States, of course, is an unreliable partner.

To get a sense of exactly how “unreliable” Trump’s behavior toward the Syrian Kurds has been, take a look at this:

The United States had encouraged its Kurdish allies to dismantle their defenses in northern Syria, saying it would make it easier to assure Turkey that the Kurds posed no threat. So in recent months, according to three American officials involved, the Kurds blew up tunnels and destroyed trenches, leaving themselves vulnerable as the United States promised that it would have their back.

Now, a week after President Trump’s decision to pull American support from them, the sense of betrayal among the Kurds, trusted allies now being forced to flee under assault from Turkey, is matched only by their outrage at who will move in: Turkish soldiers supported by Syrian fighters the United States had long rejected as extremists, criminals and thugs.

“These are the misfits of the conflict, the worst of the worst,” said Hassan Hassan, a Syrian-born scholar tracking the fighting. “They have been notorious for extortion, theft and banditry, more like thugs than rebels — essentially mercenaries.”

Finally, Trump has said his sellout of our allies in northern Syria is really about bringing U.S. troops home. However, the same week as he did his whole appeasement thing—the end result of which will be 1,000 Americans leaving Syria—he also sent 3,000 U.S. troops to Saudi Arabia to, wait for it, defend against attacks on that country by Iran. So he’s 2,000 soldiers in the wrong direction. But that doesn’t matter because of, well, the gold:

Trump said the United States would not bear the expense of the deployment. “Saudi Arabia, at my request, has agreed to pay us for everything we’re doing,” he told reporters.

And gold leads us to the next part of America’s awful day, as delivered to us by The Man Who Lost The Popular Vote. It’s a simpler story to tell, and it is one that would make the most thieving, self-dealing politicians in our history beam with pride. Boss Tweed—the worst crook we’ve seen to this point—is looking (notice I didn’t say “looking down”) at Trump and thinking that it takes a real New Yorker to know how to make office-holding pay like this.

Of course, I’m talking about the Trump White House’s announcement that the host of the massive G-7 gathering next June will be, of course, Donald Trump. Is this a blatant violation of the U.S. Constitution’s Emoluments Clause, by forcing foreign governments to pay him in order to participate in an international gathering? Check. Will it absolutely put money in his pocket by filling up a resort that would otherwise likely be around three-fifths empty at that time of year? Check. Actually, forget the check. Trump would rather they pay in cash.

(NOTE: Late Saturday, after this post was submitted, Trump flip-flopped, announcing that the event won’t be held at his property after all. Two thoughts: First, pulling your hand out of the cookie jar without a cookie just because you realized you couldn’t get away with stealing it doesn’t make you any less corrupt. Second, this is a tremendous show of weakness from a demagogue whose appeal consists in large part of thrilling his supporters by sticking it to other people. Don’t think it won’t cost him.)

Last (but not least) among the events of Trump’s Thursday Trifecta of Shame was the admission by his chief of staff Mick Mulvaney that, yes, there actually was a quid pro quo with Ukraine. He directly stated that the reason the Trump administration had been holding up the $391 million worth of military aid that Congress had already approved and appropriated was that the Ukrainian government wasn’t doing Trump’s bidding on a matter that would benefit him politically.

“Did he also mention to me in passing the corruption related to the D.N.C. server?” Mr. Mulvaney said, referring to Mr. Trump. “Absolutely. No question about that.” He added, “That’s why we held up the money.”

How much of a big deal is this? Let the guy running the impeachment show in the House tell you.

So that’s how Trump, in addition to proving that he is as much of a craven appeaser as Neville Chamberlain and as crooked a politician as Boss Tweed, also showed that he abused the power of his office for political gain in a way that can only be described as Nixonian. How’s that for a Thursday?

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

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A brief and disgusting history of the right's immigrant 'invasion' rhetoric

What does the word “invasion” mean? Can it be a neutral word? Maybe it can even be a nice word? Can you be invaded by people who wish you well? These are the kinds of questions that, it seems, Fox & Friends host Brian Kilmeade wants you to ponder, in light of his defense of President Charlottesville’s use of the term—something he has done both directly and through campaign advertising (2,200 Trump Facebook ads employed the term).

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The deeper meaning and history behind Trump's racist lie that The Squad 'hates America'

“How did we get here?" is the essential question right now in American politics. How did we go from a society that elected Barack Obama twice to one that, popular vote loss aside, elected Donald Trump? Why have white anxiety, fear, and anger aimed at non-whites and about demographic change become far more strongly correlated with support for the Republican Party in recent decades, and in particular between 2008 and 2016? And since that time, how have we become, according to a new poll from CBS News/YouGov, a country where a strong majority of Republicans believe that Democrats try to “put the interests of racial minorities over whites,” while an even stronger majority of Democrats believe Trump and his party aim to do the opposite, to put white interests above those of non-whites?

Limbaugh aimed to convince his audience that Obama was some kind of anti-white, anti-American, radical, Marxist black nationalist, and possibly a secret Muslim to boot. This was neither a bug nor a supporting element of his presentation, but instead stood as a central feature deployed strategically in order to accomplish a very specific task. Limbaugh’s efforts helped lay the groundwork for the election in 2016 of a man who essentially adopted his view of the Obama presidency.

The reach of Limbaugh’s message, both during the Obama presidency and for the three decades prior, has made him the single most potent media voice worsening the tribalization of our politics. He has done this by strengthening the connection between white racial resentment and support for Republican candidates and causes. He was alt-right before the term even existed.

Racial fear stands at the core of Limbaugh’s telling of the story of the Obama administration—and white conservatives have been listening. According to Brown University political scientist Michael Tesler, “even after controlling for economic conservatism, moral traditionalism, religious beliefs and activity, and military support, racial attitudes became significantly stronger predictors of white partisanship in the Age of Obama ... the effect of racial attitudes on party identification increased relative to nonracial predispositions.” In sum, Tesler found that the data “suggest that Democrats and Republicans had increasingly separate realities about race in the Age of Obama—a logical upshot of the spillover of racialization into mass politics.”

Presaging Trump’s slandering of The Squad, Limbaugh over and over again falsely charged Obama with hating America—and the whites whom Limbaugh feels truly represent our country. What was the basis of this charge? Obama had the temerity to cite real problems we face and propose practical solutions.

In summary, Limbaugh branded President Obama as anti-American, by claiming that he hated America largely because of its racism; “not American,” by questioning his American birthplace (something Trump did even more vociferiously); and anti-white, by accusing him of wanting to redistribute resources from whites to minorities, most specifically to African Americans, in order to right historical wrongs. According to Limbaugh, Obama was essentially Santa Claus for (only) black people because he gave them welfare and free Obamaphones. Finally, the host scared whites by stoking fears that they would face race-based retributive violence since a black man was president.

It is worth noting that Trump has also criticized America—he referred to “American carnage” in our streets, rejected American exceptionalism (something Limbaugh falsely claimed Obama did many times), called America a “laughingstock,” and defended Putin’s murders by saying: “What, you think our country is so innocent?”

Yet Limbaugh never denounced Trump as an America-hater. The host did, however, say that Obama was “our first anti-American president,” that he “hates America,” “doesn’t like much of what’s American,” sees “this country as a great Satan,” and believes “by virtue of its character, America was evil.” And that’s just from one particularly bile-filled 11-week stretch in 2010.

In order to further establish Obama’s supposed anti-Americanism, Limbaugh said that the president rejected the original principles of our country, as well as the Constitution itself, and the [white] men who crafted it. “Obama talks about ‘remaking’ America [which] means destroying these traditions, institutions that have defined America and its greatness since the founding,” the host stated on July 3, 2009. He added on December 15, 2009, that the president was not proud of our country: “America as talked about by Barack Obama—is an America of guilt ... guilty of racism, sexism, bigotry, homophobia, discrimination, imperialism, colonialism.” Two years to the day later, Limbaugh asserted that Obama believed America was “criminal.” The host also said on December 30, 2011,  that the president considered America to be “exceptionally evil.” For good measure, he included

Michelle Obama as well, citing her “bilious disgust with America” on October 31, 2011.

Perhaps most explosively, Limbaugh asked in March 2011 if the military had a “contingency plan for—I don’t want to say an anti-American president, ‘cause that’s gonna cloud my real intent here.” After being criticized for appearing to call for a military coup, the host fell back on his usual shtick, that this “was a media tweak ... That’s what’s called stirring the excrement.”

Even when discussing proposals that did not obviously relate to race, Limbaugh repeatedly characterized Obama and Democrats as favoring Americans of color over whites. For example, on February 22, 2009, just before Obamacare passed, he characterized it as “a civil rights bill. This is reparations.” On July 20, 2010, Limbaugh warned that, under Obamacare, “minorities” in “the federal bureaucracy” serving a black president could decide whether “the rest of us” live or die. Expanding his policy horizons, on July 22, 2009, the host declared: “Obama’s entire economic program is reparations!”

The language Limbaugh used when the topic was Black Lives Matter or immigration was just as racist. On the latter, more than a week of attacks on Obama over the violent death of Kathryn Steinle culminated in a diatribe on July 15, 2015, in which Limbaugh juxtaposed Obama not reaching out to her family while instead having written to four dozen felons he had set free by commuting their sentences, and connecting with Michael Brown’s family in Ferguson, Missouri. Limbaugh’s point was to remind his listeners that Obama cared more about prisoners (read: black and Latino people) and black people killed by cops than a white woman who was murdered by someone here illegally.

As America moved into the party conventions in the summer of 2016, Limbaugh declared on July 12 that Hillary and Bill Clinton, Bernie Sanders, and Barack Obama all believed “there’s nothing redeemable about that America. It has to be ‘transformed,’ I think is the word Obama uses.” Later in that same broadcast, he stated that, “Obama stands with people he thinks have been given the shaft ever since this country was founded. I think his objective is to even the playing field, as he defines it. And the way he does it is to transfer discrimination from one group to the next, rather than end it. His prescription is payback.” This is how you convince Republicans that the Democratic Party has it in for whites.

On July 28, after Obama’s speech at the Democratic National Convention—a speech that soared with positive language about our country, including the words “America is already great”—Limbaugh dismissed those words as insincere: “That’s not Barack Obama. That’s not what he believes. That’s not who he is ... Obama is the guy who thinks America’s founding was unjust and immoral. He doesn’t relish it. He doesn’t cherish it.”

Hearing this for eight years certainly helped convince Republicans that Democrats prioritize the interests of minorities over whites and, by extension, that only Republicans would protect white interests. By further defining America as essentially equivalent to white America, Limbaugh made clear that anyone who “hates America” hates whites.

This context is vital to understanding why Trump lied about The Squad supposedly hating America. In this, as in his broader rhetoric on immigration and, in fact, in the way he defines Americanness, Trump is following the trail blazed by right-wing media figures, and none more so than Rush Limbaugh.

Since the day he descended on that escalator at Trump Tower, the racist-in-chief has been speaking the language of racially resentful and alienated whites, language Limbaugh broadcasted to millions of Americans five days a week after Barack Obama became president in 2009. Trump presented himself as the champion of those white people in the struggle against their enemies, people like President Obama and other liberals, as well as those whom liberals championed—particularly Americans of color and immigrants.

Trump’s road to the White House was significantly smoother than it would otherwise have been because Limbaugh had already paved the way for him. Going forward, the clash between the Obama and Limbaugh/Trump definitions of Americanness—exemplified by President Individual 1’s most recent attacks on Ilhan Omar and the rest of The Squad—will remain central to our public discourse for the foreseeable future.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas). Some of the material in this post is excerpted (in some cases with slight alterations) from the book, with full permission.

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Why the 'send her back' chant is Trumpism incarnate

Bullshit. Absolute bullshit. That’s what I call on this cowardly racist hatemonger. Apparently, he now claims to feel bad that his supporters at a Greenville, NC rally Wednesday night chanted “send her back” in reference to Rep. Ilhan Omar, a U.S. citizen who came to our country as a refugee from Somalia when she was a child. I’ll add that the CNN reporter covering the event characterized the crowd as “fevered.”

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Defending real elections will be a core issue in 2020 — thanks to the Supreme Court

Catch-22’s suck. And make no mistake, a Catch-22 is exactly what gerrymandering has created and will continue to create, thanks to the Supreme Court’s 5-4 decision in Rucho v. Common Cause, in which the court abdicated any role in restricting or regulating partisan gerrymandering. In many states—and in most cases we’re talking about states run by Republicans—the way electoral districts are drawn is unfair and puts one party at a severe disadvantage. The only way to change the way the districts are drawn is to defeat the governing party. The problem is that the only way to defeat the governing party is to win an election that takes place under the current system, the one that puts the party that’s out of power at a severe disadvantage. That’s what we call a Catch-22.

As for the wrongness of the Court’s decision, the most persuasive argument I’ve read was authored by one of its own members, in dissent. Here’s Justice Elena Kagan:

For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities. And not just any constitutional violation. The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people.

[snip] And gerrymandering is, as so many Justices have emphasized before,  anti-democratic in the most profound sense….And that means, as Alexander Hamilton once said, “that the people should choose whom they please to govern them.” 2 Debates on the Constitution 257 (J. Elliot ed. 1891). But in Maryland and North Carolina they cannot do  so. In Maryland, election in and election out, there are  7 Democrats and 1 Republican in the congressional delegation. In North Carolina, however the political winds blow, there are 10 Republicans and 3 Democrats. Is it conceivable that someday voters will be able to break out of that prefabricated box?  Sure. But everything possible has been done to make that hard. To create a world in which power does not flow from the people because they do not choose their governors.

Of all times to abandon the Court’s duty to declare the law, this was not the one.   The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections.

Beyond her broad rhetoric, as powerful as it is, Kagan also got into the details of why the majority’s decision, written by Chief Justice John Roberts, made no sense. Roberts wrote: “We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts.” Why? Because, he stated: “There are no legal standards discernible in the Constitution for making such judgments … let alone limited and precise standards that are clear, manageable and politically neutral.”

Roberts is simply wrong, as Kagan made clear:

Checking [extreme cases of gerrymandering] is not beyond the courts. The majority’s abdication comes just when courts across the country,including those below, have coalesced around manageable judicial standards to resolve partisan gerrymandering claims. Those standards satisfy the majority’s own benchmarks.

In other words, the majority claimed there’s no way to come up with a fair process to assess whether a gerrymander is unfair, even though lower courts have already done so. Kagan called the majority out for simply not wanting to. She didn’t speculate as to the reason why the five conservative justices took this position, as that would be beneath a justice of the Supreme Court. It’s not beneath me, so I’ll just say it: It’s the same partisan bullshit we saw 19 years ago when a conservative Supreme Court majority elevated George W. Bush to the presidency.

Please read Kagan’s entire masterful dissent, as I can’t spend the whole post going over it line by line. Trust me, it’s worth it.

Gerrymandering is an important issue, and it’s far from the only one that relates to defending real elections. We don’t have real elections in this country if there is voter suppression (which can take many different forms, starting with bogus, unnecessary voter ID laws that have a discriminatory impact); or if some voting districts in poor, disproportionately minority areas are given fewer resources to work with than others (something done purposefully to create long lines on Election Day that lead some to abandon voting altogether); or if voter rolls are purged in unfair and arbitrary ways aimed at disproportionately affecting black and brown voters. All of these things are happening. Where they have the raw numbers to pull it off, Republicans have combined them with gerrymandering to deny Americans the ability to have real elections.

I’d like to see Republicans successfully convince independent voters that they should vote for a party that wants to ensure that only Republicans should be in charge, forever. Gerrymandering is not only wrong in principle, because it threatens our democracy, it’s a political loser because it’s indefensible. For example, as unprincipled as it is to do so, Republicans can maybe get away with lies about the need for Voter ID laws, or the need to purge voter rolls to prevent fraud, but what lie can they tell to justify gerrymandering?

We know the truth, because we heard it from Rep. David Lewis, a North Carolina Republican who played a leading role in gerrymandering that state’s congressional districts. Lewis said: “I propose that we draw the maps to give a partisan advantage to 10 Republicans and three Democrats because I do not believe it’s possible to draw a map with 11 Republicans and two Democrats.” Can you imagine Republicans having to defend blatantly thwarting of the will of voters while asking those same voters to elect them in 2020? Democrats must make them do so.

Every Democrat running for federal and state office needs to get behind comprehensive election reform, which includes protecting voting rights as well as getting rid of gerrymandering. Yes, even in blue states, Democrats should run against gerrymandering because doing so is not only the right thing to do for our democracy, it will help them win more seats as well.

Running as the defenders of voting rights, in particular the rights of the elderly, the poor, the young, and the voters of color whose rights have been under siege thanks to Republicans in states across the country, is vital to motivating voters who fall into those categories to come out and vote for Democrats. Running as the defenders of real elections and against gerrymandering and one-party rule is also vital to persuading voters who are not partisan to vote for Democrats, exactly because they have promised to defend real elections everywhere, all the time.

An election with a predetermined outcome is what they have in dictatorships that pretend to be democracies, and that’s what I thought of when I read the aforementioned remarks from David Lewis. Until 1984, 100% of the votes in each election for the legislature of the Soviet Union went to the Communists. There was no doubt about the outcome. How different is that really from what gerrymandering and other attacks on real elections seek to achieve?

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

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Trump already lied about Iran nukes — why would allies trust him on Iran threat?

Donald Trump is a liar. It’s probably the one thing he does more consistently than anything else. It is the core of who and what he is. As the Washington Post noted, on April 26 the number of lies Individual 1 has told as president reached the five-digit territory. He’s barely been president for 25 months, so we’re talking 400 lies per month. As Eric Alterman pointed out, the topics of his lies range from windmills to steel mills, and the pace of his lies is only increasing. Trump makes the boy who cried wolf look like young George Washington in that invented story about the cherry tree.

Ben Rhodes, deputy national security adviser under Obama, laid out the litany of Trump’s lies on Iran since taking office:

Trump’s Iran policy has long been rooted in falsehoods. In 2017, his administration refused to certify the Joint Comprehensive Plan of Action (JCPOA) — the Iran nuclear deal — on the premise that Iran wasn’t complying with the terms. That wasn’t true. Earlier that year, the International Atomic Energy Agency confirmed Iran’s compliance; the chairman of the Joint Chiefs of Staff reported to Congress that “Iran is adhering to its JCPOA obligations”; and the U.S. intelligence community presented no evidence justifying Trump’s decertification.

Trump’s subsequent decision to withdraw from the JCPOA was no surprise. For years, he had railed against it as the “worst deal ever negotiated” by tossing out a raft of easily debunked assertions: that Iran was given $150 billion under the terms of the deal, a claim The Washington Post’s Fact Checker rated with four Pinocchios; that Iran’s regime was verging on “total collapse” before the deal, implying that somehow the deal lent the regime new life. After pulling out, Trump has continued to dispute his own intelligence community’s assessment that Iran had been complying. Numbed to a president who lies so regularly that it’s become the background noise to our political culture, his reckless exit from a multilateral, U.N. Security Council-endorsed arms-control agreement that wasn’t being violated was treated as just another routine turn of events in Trump’s Washington.

This past week has seen the Trump administration get itself twisted in knots over Iran. John Bolton and Secretary of State Mike Pompeo, who have long been salivating over starting a conflict that could lead to the overthrow of Iran’s government, have hypedup recent incidents in the Persian Gulf to justify the U.S. taking a significantly more aggressive stance toward Iran, including developing a plan to deploy 120,000 troops to the region in order to respond to Iranian aggression. The problem is that not everyone sees things the same way.

Major General Chris Ghika, a high-ranking British official who serves as deputy commander of the American-led, anti-ISIS coalition in Iraq and Syria, offered the following, radically different take:

“No – there’s been no increased threat from Iranian-backed forces in Iraq and Syria,” Ghika said in a videolink briefing from Baghdad to the Pentagon. “We’re aware of that presence, clearly. And we monitor them along with a whole range of others because that’s the environment we’re in. We are monitoring the Shia militia groups. I think you’re referring to carefully and if the threat level seems to go up then we’ll raise our force protection measures accordingly.”

Sec. Pompeo met with our European allies and presented the Trump administration’s case on the increased threat from Iran. It didn’t go very well:

Pompeo “didn’t show us any evidence” about his reasons Washington is so concerned about potential Iranian aggression, said one senior European official who took part in one of Pompeo’s meetings. The official’s delegation left the meeting unconvinced of the American case and puzzled about why Pompeo had come at all.

Should we really be surprised that our allies aren’t buying what the Trump team has been selling on Iran? Given Trump’s track record of (dis)honesty—on Iran, on the sizeof his inaugural crowd, or even on the weather (not climate change, mind you, but on the weather outside at a given moment in time that people could see for themselves by looking out the window)—can you blame them?

Even within the Trump administration, not everyone is willing to stay silent as the top guys peddle their bullshit:

One American official, speaking on the condition of anonymity to discuss confidential internal planning, said the new intelligence of an increased Iranian threat was “small stuff” and did not merit the military planning being driven by Mr. Bolton. The official also said the ultimate goal of the yearlong economic sanctions campaign by the Trump administration was to draw Iran into an armed conflict with the United States.

The whole world remembers that a previous Republican administration also lied to justify starting a war in the Middle East with a regime it wanted to see changed. They also remember John Bolton’s prominent role in that campaign of lies. Here’s Bernie Sanders on the matter: “What worries me is that the architect of the effort right now to get us into a war in Iran is the guy who was the architect to getting us into the war in Iraq. That is John Bolton.”

Sanders, along with Democratic Sens. Chris Van Hollen, Ed Markey, and Jeff Merkley, have penned a letter to the Man Who Lost The Popular Vote, in which they accuse his administration of “inflating threats and bending intelligence” in a way that could put the United States on a “path to another war in the Middle East.” Sens. Tom Udall and Dick Durbin expressed the same type of broad concerns in a recent Washington Postop-ed.

Now Trump is saying he doesn’t really want war with Iran, and that he is “annoyed” at Pompeo and especially Bolton for “getting way out ahead of themselves” on Iran. Daily Kos’ own Meteor Blades explained that whole kerfuffle—including Mr. 46% of the Popular Vote’s denial that said kerfuffle even existed—in depth here.

Why anyone would believe Donald Trump or his Administration on anything is beyond me. One thing is definitely true: If Trump does ultimately side with uber-hawks like Pompeo and Bolton and plunge us into another war for regime change in the Middle East, it will be an unmitigated disaster for our country, for the region, and for the world that will make Dubya’s invasion of Iraq look like Grenada.

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The case for treating Trump's tax returns like he treated Obama's birth certificate

“Donald Trump, with his loud and reckless innuendos, was putting my family's safety at risk. And for this I'd never forgive him” — Michelle Obama

That’s what Michelle Obama said about Individual 1’s leading role in spreading the racist falsehood known as birtherism: the lie about President Obama’s birthplace that sought to inflame hatred and to ‘other’ the man who, unlike Trump, actually won the presidency with a popular vote majority—twice. As I’ve written elsewhere, Trump managed to go from birther-in-chief to commander-in-chief.

(Trump’s actual words are in bold below, and I’ve substituted information about what’s happening now for the specifics about Obama and the birth certificate.)

Why doesn't he show his financial records? There's something onthose financial records that he doesn't like.”

He’s spent millions of dollars trying to get away from this issue. Millions of dollars in legal fees trying to get away from this issue … I'm starting to wonder myself whether or not his financial records will show that he’s absolutely a puppet of Vladimir Putin and the Russian oligarchs.”

There's something on those financial records that is very bad for himNow, somebody told me—and I have no idea if this is bad for him or not, but perhaps it would be—that it will show that he’s so under Putin’s thumb that where it says ‘citizenship’ it might as well say ‘Russian.’

And if you're a Russian puppet, you don't change that, by the way.”

“I have people that have been studying Trump’s financial records and they cannot believe what they're finding. I would like to have him show his financial records, and can I be honest with you, I hope he can. Because if he can't, if he can't, if he turns out to be a Russian puppet, or to have committed felony bank fraud by lying in his attempt to get a loan from Deutsche Bank,which is a real possibility … then he has pulled one of the great cons in the history of politics.”

"An 'extremely credible source' has called my office and told me that Donald Trump’s financial records will show that he is not only a Russian puppet but that he committed felony bank fraud and belongs in jail."

Such statements, while they were quite satisfying to write and perhaps to read, are not facts, and it would be highly irresponsible to present them as such. Yet that’s exactly what then-reality TV host Donald Trump did in 2011 and 2012 during his birther campaign. That these disgusting statements helped propel him to the Republican presidential nomination—hell, the fact that they didn’t absolutely squash his candidacy before it got started—tells you everything you need to know about the Republican Party and Republican voters.

As for Trump being a Russian puppet, even without regard to the financial or tax records, that much appeared obvious to Hillary Clinton in October 2016. And she said as much to his face during the third and final presidential debate:

“It's pretty clear you won't admit the Russians have engaged in cyber attacks against the United States of America, that you encouraged espionage against our people, that you are willing to spout the Putin line, sign up for his wish list, break up NATO, do whatever he wants to do and that you continue to get help from him because he has a very clear favorite in this race.”
When it comes to Trump carrying out Putin’s wish list from the White House, in particular concerning the undermining of NATO, the last two-plus years have only vindicated Sec. Clinton’s statement. She reminded us about that statement earlier this year, after more evidence emerged on this front:

While we’re on the subject of Russia and the 2016 election, we can apply Trump’s birther standards to his actions on that matter, as well. As the Mueller report documented, Trump engaged in potential obstruction of justice on 10 different occasions. What exactly was he trying to hide? Why didn’t he testify directly as part of the Mueller probe? The truth must be “very bad for” Trump, otherwise why not tell the whole story under oath? Going further, who knows what else Mueller might have discovered if Trump hadn’t obstructed justice and blocked his path?

By Trump’s birther standards—actually by any standards—it’s pretty clear that when it comes to Russia, his election, and the special counsel’s investigation, he has “pulled one of the great cons in the history of politics.” That’s true so far, at least. In the end, if our Constitution still functions as it should, Congress will prevail in its push to ensure access to the entire Mueller report, including the underlying evidence, and ensure that it is able to hear from the report’s author in person.

Additionally, if our Constitution continues to operate properly, we are going to get to the truth about The Man Who Lost The Popular Vote and his dirty financial dealings, as well. The law very clearly states that the appropriate congressional committee has the authority to demand Trump’s tax returns. Despite what it has claimed, the White House has no leeway to determine whether such a demand is rightful, or even to question it in any way. This dispute will likely end up in the Supreme Court, and if the Court does not recognize that fact it will only be because five of its members completely ignore the law and the Constitution. There would be no other explanation or grounds on which to take such a position.

On a related front, the presiding judge in another case has fast-tracked the hearing regarding Trump’s challenge of Congress’ subpoena of his financial records from the firm that does accounting for his business. That hearing will take place on Tuesday.

Finally, New York state Democrats appear to be on the verge of providing the Tangerine Palpatine’s state tax returns to appropriate, select congressional committees.

We already know quite a bit, thanks to sleuthing done by the New York Times that exposed how the Trump family (almost certainly illegally) passed hundreds of millions of dollars from successful dad (Fred) to his monumentally incompetent businessman son (Donald, aka, president of the United States), without which that son would have been exposed decades ago as the fraud he is. The Trumps are very lucky this information was only uncovered after the statute of limitations had expired.

And this week the Times gave us Trump’s federal tax returns from 1985 to 1994, which show not only $1 billion in losses, but, even more absurdly, that in 1990 and 1991 he reported losses twice as large as those of any other individual American. Given all the shenanigans in the returns and the other financial documents we have already seen, the American people—or at least their authorized representatives in Congress, to start with—need to see Trump’s recent tax returns and other financial records.

In the words of the second-most corrupt president in American history, “People have got to know whether or not their president is a crook.” Richard Nixon famously added: “Well, I’m not a crook.” It turns out, he was not only a crook, but also a liar. And so is Donald Trump. American justice demands that the presidency of the latter end as ignominiously as that of the former.

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As the Supreme Court appears ready to rubber-stamp Trump's citizenship question, the GOP's cynical power grab is on full display

You know how when you stumble upon certain movies, you just can’t help yourself and end up watching to the end—no matter how many times you’ve seen them before? Wednesday night that happened to me as I was channel surfing (note: that’s something done by people who haven’t yet cut the cord. It means you actually limit yourself to watching what other people have scheduled for you at a given time). Anyway, I stumbled onto Groundhog Day, and settled in for a not that long but definitely lustrous final 30 minutes.

Then there’s the issue of gerrymandering. Although Democrats have, in a few states, tried to gerrymander districts to their advantage as well, Republicans have done so far more extensively and with much greater efficacy. They have done so all over the country, in every region, fixing legislative boundaries in state and federal elections. An Associated Press study found the following effects on the 2018 elections:

The AP’s analysis indicates that Republicans won about 16 more U.S. House seats than would have been expected based on their average share of the vote in congressional districts across the country. In state House elections, Republicans’ structural advantage might have helped them hold on to as many as seven chambers that otherwise could have flipped to Democrats, according to the analysis.

The AP examined all U.S. House races and about 4,900 state House and Assembly seats up for election last year using a statistical method of calculating partisan advantage that is designed to flag cases of potential political gerrymandering. A similar analysis also showed a GOP advantage in the 2016 elections.

We have seen Republicans act in similar ways, with similar goals, in implementing so-called Voter ID laws—which, thanks to studies, for example, from Texas and Michigan, we know have a greater impact on Democratic voters as well as disparate impacts on black and Latino voters. In North Carolina, after a series of such laws were implemented, supporters of voting rights went to court and won a major victory. The U.S. Court of Appeals decision in the North Carolina case made clear just what Republicans were trying to do, stating that their attempt to suppress the vote “targeted African Americans with almost surgical precision.”

The kind of voter impersonation fraud that voter ID laws claim to address is so rarethat, essentially, it does not exist.

The Brennan Center’s seminal report on this issue, The Truth About Voter Fraud, found that most reported incidents of voter fraud are actually traceable to other sources, such as clerical errors or bad data matching practices. The report reviewed elections that had been meticulously studied for voter fraud, and found incident rates between 0.0003 percent and 0.0025 percent. Given this tiny incident rate for voter impersonation fraud, it is more likely, the report noted, that an American “will be struck by lightning than that he will impersonate another voter at the polls.”

Republicans have also sought to rig and suppress the vote by making it harder to register voters. For example, Florida—perhaps the most important swing state in presidential elections—passed a law in 2012 that imposed new, significant penalties on voter registration groups for various missteps. Just this month, both houses of the Tennessee legislature passed an even more draconian law, as Cliff Albright, who co-founded the Black Voters Matter Fund, explained:

The bill in the senate would create some of the most aggressive regulations on large-scale voter registration in the nation — like civil penalties for groups that unintentionally file incomplete voter registration forms. It would impose criminal sanctions on organizers who don’t attend training sessions run by local officials and on groups that fail to mail in voter registration forms in a short 10-day window.

Things like typos and missing entries are inevitable. That’s why there are already checks and balances; the election commission verifies voter information against state databases. This doesn’t create an unmanageable burden on state officials, nor does it require a draconian bill. Why don’t lawmakers make voter registration automatic, instead of making it much more difficult?

This is a clear attack on the successful efforts to mobilize black voters during the 2018 midterm elections. Close to 90,000 black voters were registered by the Tennessee Black Voter Project, led by the activist Tequila Johnson and the Equity Alliance, which partner with my organization, the Black Voters Matter Fund.

Tennessee already ranks in the bottom five states when it comes to voter turnout. This law, if the governor signs it, certainly won’t help. As former Georgia gubernatorial candidate Stacey Abrams has attested, other examples of Republican efforts to suppress Democratic voters, and the votes of Americans of color in particular, abound.

On a related note, our elections are even less safe because The Man Who Lost The Popular Vote (but won the election with Russia’s help) apparently sticks his fingers in his ears anytime one of his staff tries to tell him that our government should, you know, actually care about foreign adversaries interfering in our election processes via hacking or other nefarious methods. The Republican Party has so abandoned any pretense of principle on this that they won’t even agree that they will refrain from using hacked or otherwise stolen information against their opponents in future elections. Why should they? The president’s lawyer said, regarding the use in 2016 of materials stolen by Russia: “There's nothing wrong with taking information from Russians … Who's to say it's even illegal?”

Democrats, on the other hand, don’t seem to know how to play hardball. Even when principle is on their side, they refrain from utilizing the power they have and taking measures that would, in addition to enhancing democracy, enhance their own power.

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Take the example of D.C. statehood. Did you know that in 2009-10, Democrats could have created a new state out of most of the territory of the District of Columbia, i.e., everything but the U.S. Capitol, the White House, the Supreme Court, the National Mall, and the national parks and monuments located in the vicinity? Such a new state would almost certainly have elected a Democrat to the House, as well as two Democrats to the U.S. Senate.

Creating a new state, rather than trying to admit D.C. en toto as a state, would obviate the need for a constitutional amendment. Although some right-wing critics have argued otherwise, this plan would require only a majority of both houses of Congress. Democrats could have done this at any point in 2009 or 2010.

Think about what that would have meant. Two more Democratic senators would have meant, after the election of Alabama’s Doug Jones in 2017, that control of the Senate would have swung to the Democrats. That would likely have meant no Brett Kavanaugh on the Supreme Court, presuming Justice Kennedy had still retired. To square the circle of this post, that would have meant only four Republican-appointed justices would now be deciding whether the census question on citizenship is legitimate, not to mention cases on gerrymandering and other matters relating to the integrity of our electoral process.

Trump’s attempt to use the census as a political weapon is just the most recent example of what his party has done time and time again, in particular since the 1990s. Republicans understand how to use whatever level of power they hold at present to change the rules of the game in order to have more power going forward. There are no principles involved here other than the naked pursuit of power for its own sake. What Republicans are doing undermines and could potentially destroy our democracy by thwarting the ability of the people to have the representation they should have based on their own voting preferences. It represents an electoral theft as surely as does stuffing a ballot box.

That’s why, if Democrats do win in 2020, they must not only implement their policy agenda, but drastically reform the rules of our elections to ensure fair and full representation, to guarantee the right to vote for all eligible voters, and to take measures to increase, not reduce, voter participation rates. And they should definitely implement the aforementioned plan for D.C. statehood. Democrats have to live up to their party’s name, and fight for our democracy. Its legitimacy is at stake.

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Republicans don't care that Trump colluded with Russia — but independents might

Yeah, I said it. The Mueller report makes clear that Individual 1 and his campaign did collude with Russia, and he did obstruct justice. I’m not talking about legalese: I’m talking about facts and truth.

Now let’s cover Trump’s obstruction of justice. According to Merriam-Webster, “obstruction” is a relatively straight-forward term. To obstruct something means to “block” it, to “hinder from passage, action, or operation.” The executive branch of the federal government enforces the law, and the president heads that branch. It should not be enough to simply avoid the criminal standard of obstruction of justice: the president should be the last person blocking or hindering an investigation, if that president cares at all about justice that is. Does Trump care about justice? The special counsel did not render judgment on that question.

However, the Mueller report did lay out 11 instances of potential obstruction of justice, which I’ll list here:

  • Misleading statements about his ties to Russia
  • Asking then-FBI director James Comey to end an investigation
  • Attempts to stop then-Attorney General Jeff Sessions from recusing himself from the Russia investigation
  • Trying to get Sessions to resume control of the inquiry
  • Reacting to the disclosure that his campaign was under investigation
  • Firing Comey
  • Reacting to the Mueller appointment and trying to fire him
  • Misleading statement about meeting with Russians
  • Trying to oust Sessions
  • Talking to witnesses about testimony
  • Interacting with his personal lawyer

Obstruction of justice is a legal term, one used by lawyers and prosecutors to define a crime. On the matter of criminality, here’s what the Mueller report had to say:

Because we determined not to make a traditional prosecutorial judgment , we did not draw ultimate conclusions about the President 's conduct. The evidence we obtained about the President's actions and intent presents difficult issues that would need to be resolved if we were making a traditional prosecutorial judgment. At the same time, if we had confidence after a thorough investigation of the facts that the president clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment.

The evidence we obtained about the President 's actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.

Note the part about “applicable legal standards.” That refers to the policy statement issued by the Department of Justice, led by Trump spokesman—technically known as Attorney General—William Barr, that a sitting president cannot be indicted. That policy statement explains why Mueller did not state that Trump committed the crime of obstruction. Here is the relevant section of Mueller’s report:

We considered whether to evaluate the conduct we investigated under the Justice Manual standards governing prosecution and declination decisions, but we determined not to apply an approach that could potentially result in a judgment that the President committed crimes. The threshold step under the Justice Manual standards is to assess whether a person's conduct "constitutes a federal offense." U.S. Dep't of Justice, Justice Manual§ 9-27.220 (2018) (Justice Manual). Fairness concerns counseled against potentially reaching that judgment when no charges can be brought. The ordinary means for an individual to respond to an accusation is through a speedy and public trial, with all the procedural protections that surround a criminal case. An individual who believes he was wrongly accused can use that process to seek to clear his name. In contrast , a prosecutor's judgment that crimes were committed, but that no charges will be brought, affords no such adversarial opportunity for public name-clearing before an impartial adjudicator.

The concerns about the fairness of such a determination would be heightened in the case of a sitting President, where a federal prosecutor's accusation of a crime, even in an internal report, could carry consequences that extend beyond the realm of criminal justice. OLC [White House Office of Legal Counsel] noted similar concerns about sealed indictments. Even if an indictment were sealed during the President's term, OLC reasoned, "it would be very difficult to preserve [an indictment 's] secrecy, " and if an indictment became public, "[t]he stigma and opprobrium" could imperil the President's ability to govern." Although a prosecutor's internal report would not represent a formal public accusation akin to an indictment, the possibility of the report 's public disclosure and the absence of a neutral adjudicatory forum to review its findings counseled against potentially determining "that the person's conduct constitutes a federal offense."

Mueller makes clear that, even though he wasn’t going to “make a traditional prosecutorial judgment,” he believes that Congress absolutely can take up the matter, should it deem Trump’s conduct—which he laid out in detail—to be potentially impeachable:

Under applicable Supreme Court precedent, the Constitution does not categorically and permanently immunize a President for obstructing justice through the use of his Article II powers. The separation-of-powers doctrine authorizes Congress to protect official proceedings, including those of courts and grand juries, from corrupt, obstructive acts regard less of their source. We also concluded that any inroad on presidential authority that would occur from prohibiting corrupt acts does not undermine the President's ability to fulfill his constitutional mission.

[snip] For example, the proper supervision of criminal law does not demand freedom for the President to act with a corrupt intention of shielding himself from criminal punishment, avoiding financial liability, or preventing personal embarrassment. To the contrary, a statute that prohibits official action undertaken for such corrupt purposes furthers, rather than hinders, the impartial and evenhanded administration of the law. It also aligns with the President's

constitutional duty to faithfully execute the laws.

[snip] The conclusion that Congress may apply the obstruction laws to the President's corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law.

There’s one more section on obstruction I want to mention, as it is especially damning. It makes clear that Trump issued orders aimed at directly interfering with the investigation into his activities, but the only reason they didn’t happen is that his underlings refused to carry them out—which, by the way, also says a great deal about the esteem with which this ‘leader’ is held by those whom he ostensibly leads:

The president’s efforts to influence the investigation were mostly unsuccessful, but that is largely because the persons who surrounded the president declined to carry out orders or accede to his requests.

Let’s assess what the Mueller report found overall. Saying that Trump acted in a Nixonian fashion might be an insult to the integrity of Richard Nixon. The fact that such a thing is even possible should tell voters everything they need to know about Trump’s fitness to be our president, to be the chief defender of our Constitution, the rule of law, and our democratic institutions. He has, time and again, taken actions to undermine each of those things, actions that once were considered by Americans of every political persuasion to be beyond the pale, actions that, had a Democrat named Barack Obama taken them, would have moved Trump’s own supporters to demand far worse than impeachment and removal from office. As the New York Times editorial board wrote: “That the president’s norm-shattering behavior has become so flagrant and familiar doesn’t make it right.”

The difference is that, in the aforementioned hypothetical scenario—one that would never happen given Obama’s basic integrity, ethics, and deep respect for our values and institutions—most progressives would have agreed that he could no longer serve as our president. But the question before us now is what will voters do in this very real scenario, one in which the president of the United States colluded with a foreign power, and very clearly obstructed a duly constituted investigation into that collusion?

I don’t expect that most hard-core Trump supporters, who probably constitute about one-third of American voters, will be moved one iota by this information. We can probably add another few percent if we expand that category to those who may not love Trump, but who are so partisan and who hate liberals so much that they’d vote for any moron, hack, or otherwise unqualified candidate with an (R) ...oh, yeah, they already did that.

On the left side of the spectrum, the report probably won’t change much either, and I doubt it will convince too many progressive-minded voters who would otherwise have stayed home to come out and vote. My sense is that such voters already don’t like Trump and already knew he was essentially corrupt, but that this report won’t affect whether they vote or not. Such potential voters are more likely to be motivated to vote by a sense that his Democratic opponent will have a real impact on their daily lives, in particular in matters of justice (economic as well as racial, gender, and other-identity related aspects).

Finally, we have independent voters—and what matters are the real independents, ones who actually could be convinced to go either way, or cast a third-party vote. They might well be influenced at least somewhat by the Mueller report. Polling suggests that independent voters trust Mueller, something that is very bad news for Trump.

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In 2016, The Man Who Lost The Popular Vote actually won independents, 46-42. The math tells us that independents were approximately one-third of Trump’s voters, representing about 20 million votes. At least some of these voters are open to persuasion. Some could be turned from Trump voters to Democratic voters, or at least to third-party voters, or maybe they’ll get so turned off by Trump that, even if they are unwilling to vote for the Democratic nominee, they’ll just stay home. Any of these outcomes would hurt Trump in 2020. Additionally, around 8.5 million people voted for someone other than Clinton or Trump. Perhaps some of them will be so disgusted by the Mueller report that they will decide to vote Democratic.

Trump’s path to victory, such as it exists, appears to be quite narrow. Although things can certainly change, his approval rating still remains three to four points below that of Obama or Bill Clinton at this point in their presidencies. Both Obama and Clinton had already bounced significantly off their low point, while Trump is barely above his. With approval ratings around 41-42 percent, Trump will need to win at least a decent chunk of the votes of those who don’t approve of the job he is doing. Last time around he got just enough of those in just enough of the right states to eke out an Electoral College victory against an opponent who had approval ratings just about as bad as his. It won’t be easy to repeat that performance.

I sincerely hope the American people are paying attention to the Mueller report. I hope Mueller ends up testifying to Congress about his report (as of this writing, House Democrats are in negotiations with the Department of Justice to make that happen). I’d love to see William Barr grilled about the discrepancies and outright lies he told while spinning for his boss about the report, but that’s another matter. Congress should continue to explore the matters raised by the report, including further matters we haven’t been able to see because of Barr’s redactions.

What we do know is this: Barring something completely unforeseen, Donald Trump will be on the ballot in 2020. I hope that open-minded voters gain a thorough understanding of just what is in the Mueller report, and then ask themselves whether they want a president who acts the way this one does. I hope they ask themselves whether our democracy can survive another four years with him in charge.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (forthcoming in May 2019).

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A brief history of right-wingers using 9/11 as a political weapon — featuring Rush Limbaugh and Barack Obama

As a New Yorker, I take Sept. 11 personally. I’ll never forget that I was travelling to work by train, going through a tunnel from Manhattan to New Jersey (I taught at Monmouth University at the time) right when the planes hit the Twin Towers. I’ll never forget feeling disoriented and then sick after I first heard a radio news report talking about “another plane” having just hit the Pentagon. “Another plane?” I remember thinking. What happened to the first plane or planes? Then I found out. Nor will I forget the feeling in the city after I got back, a feeling of togetherness, of unity I felt with my fellow New Yorkers on the street. It was palpable.

OK, so Omar erred by not using the word terrorist or terrorism to describe those who committed the murders on 9/11, and yes, she could have made her remarks more appropriate simply by adding, for example, “evil” or “murderous” after the words “did something.” She could have done better. But nothing she said or didn’t say justifies the truly hateful, divisive, and dangerous attacks hurled at her by right-wing media, Republican elected officials, and Republican party leaders—right up to and including Individual 1 himself.

Let’s start with the New York Post cover that deployed the very image of the murders as political propaganda—something that is far more disrespectful of the memory of the 9/11 attacks than anything Rep. Omar said—along with a trenchant criticism from Rep. Ayanna Pressley of Massachusetts:

Rep. Dan Crenshaw of Texas piled on as well, in the process retweeting some absolute bullshit he isn’t willing to say directly, namely that Omar “does not consider [9/11] a terrorist attack on the USA."

AOC’s response to Crenshaw was typical AOC—not only right on, but right on with substance and a call for action:

Fox & Friends, which Trump apparently mainlines every morning, weighed in as well, with co-host Brian Kilmeade asserting: “You have to wonder if she’s an American first.” The chair of the Republican National Committee, Ronna McDaniel, went down a similar path: “Ilhan Omar isn’t just anti-Semitic—she’s anti-American. Nearly 3,000 Americans lost their lives to Islamic terrorists on 9/11, yet Omar diminishes it as: ‘Some people did something.’”

The worst, most despicable attack came, unsurprisingly, from the white-nationalist-in-chief. He tweeted a video that repeatedly interspersed Rep. Omar saying “some people did something” with footage of the planes hitting the Twin Towers and the Pentagon, of people running in the streets, and of one of the Towers going down. This is not political discourse, it is nothing less than incitement to assassinate a member of Congress.

Rather than simply provide Trump’s disgusting tweet, I’d rather embed along with it a particularly strong counter from political commentator Dean Obeidallah, who asked where the Republican outrage is over what that incredible narcissist sociopath was focused on just after 3,000 Americans were murdered on 9/11:

Rep. Ocasio-Cortez’s response to Trump's tweet—a demand for Republicans as well as Democrats to stand up and be counted—is exactly right: “Members of Congress have a duty to respond to the President’s explicit attack today. @IlhanMN’s life is in danger. For our colleagues to be silent is to be complicit in the outright, dangerous targeting of a member of Congress. We must speak out.”

For her part, Omar pushed back hard, with righteous indignation (she made these remarks before Trump tweeted his video, but after a number of other attacks):

When you have people on Fox News that question whether I am actually American or I put America first, I expect my colleagues to also say, 'that's not OK,'" Omar told "Late Show" host Stephen Colbert. "Or when people say, you know, that because I'm a Muslim, I'm an immigrant, I'm a refugee, that I can't have any loyalty to our country. I took an oath. I took an oath to uphold the Constitution. I am as American as everyone else is.

I hope Rep. Omar recognizes that she did make a mistake this week. For anyone who doubts that, ask yourself how you think Native Americans would feel if the 1890 massacre by U.S. soldiers of 146 Sioux men, women, and children at Wounded Knee was described as ‘some people did something,’ or if similar words were used to describe the 1921 Tulsa race riots that resulted in the murders of between 100 and 300 African Americans at the hands of white mobs. Whatever the context, however valid the larger point a speaker was making, we would surely recognize that those words are inappropriate to describe such events. Likewise, Rep. Omar’s words about the terrorist mass murders that took place on 9/11 were not the right ones, although I’m confident she did not intend to hurt or offend anyone.

The fact that right-wingers cynically exploited the opening Omar gave them and proceeded to hype fear and stoke hatred of Muslims—of the kind that led a Trump supporter to call her congressional office and tell one of her staffers that she was a “(expletive) terrorist” and that he intended to “put a bullet in her (expletive) skull,” leading to his arrest—doesn’t change the fact that she needs to figure out how to speak about sensitive topics more carefully. She must do so both for her own safety—given the hate being ginned up against her by Trump and his followers—as well for the sake of her political career and that of the progressive movement. You can certainly say that right-wingers would have found something else to attack her over, or, as you’ll see in the example below with President Obama, that they’d just make something up. That may be true, but an attack is likely to gain far more traction if there’s video or audio to back it up.

I haven’t hesitated to criticize Rep. Omar in the past for using dangerous language that echoed anti-Semitic tropes, nor have I hesitated to praise her when she has since then properly avoided such language when criticizing Israel (which people can absolutely do, without being anti-Semitic). She isn’t perfect (who is?), and her language here about 9/11 was problematic. But, without question, the right-wing attacks against her are far beyond the pale. They are the worst kind of race-baiting and fear-mongering.

Earlier, I pointed out that this isn’t the first time right-wingers have engaged in this kind of demagoguery around 9/11. Among many other incidents, I was referring to a particular one involving Rush Limbaugh and Barack Obama, one that I came across in researching my forthcoming book.

On Nov. 10, 2009, Limbaugh claimed that an article then-State Sen. Barack Obama published in the Hyde Park Herald a few days after the Sept. 11 attacks made clear that “in Obama’s mind” America is “to blame” for those attacks, and that this belief derives from “a hatred of this country” on Obama’s part. Limbaugh returned to the same article on July 28, 2011, similarly claiming that “Obama, after 9/11, said he had empathy for the terrorists.”

Here’s what President Obama actually wrote:

Even as I hope for some measure of peace and comfort to the bereaved families, I must also hope that we as a nation draw some measure of wisdom from this tragedy. Certain immediate lessons are clear, and we must act upon those lessons decisively. We need to step up security at our airports. We must reexamine the effectiveness of our intelligence networks. And we must be resolute in identifying the perpetrators of these heinous acts and dismantling their organizations of destruction.

We must also engage, however, in the more difficult task of understanding the sources of such madness. The essence of this tragedy, it seems to me, derives from a fundamental absence of empathy on the part of the attackers: an inability to imagine, or connect with, the humanity and suffering of others. Such a failure of empathy, such numbness to the pain of a child or the desperation of a parent, is not innate; nor, history tells us, is it unique to a particular culture, religion, or ethnicity. It may find expression in a particular brand of violence, and may be channeled by particular demagogues or fanatics. Most often, though, it grows out of a climate of poverty and ignorance, helplessness and despair.

We will have to make sure, despite our rage, that any U.S. military action takes into account the lives of innocent civilians abroad. We will have to be unwavering in opposing bigotry or discrimination directed against neighbors and friends of Middle Eastern descent. Finally, we will have to devote far more attention to the monumental task of raising the hopes and prospects of embittered children across the globe—children not just in the Middle East, but also in Africa, Asia, Latin America, Eastern Europe and within our own shores.

Regarding Limbaugh’s 2009 slander, do you see Obama blaming the U.S. for the 9/11 attacks anywhere in that article? I sure don’t. I see him trying to explain, in broad terms, “the sources of such madness.” The article urges the U.S. to take a number of actions relating to our security, to strike back and carry out the “dismantling” of terrorist “organizations,” and to work on improving the lives of people around the globe. He absolutely does not “blame” the U.S.

As for Limbaugh’s 2011 claim, Obama didn’t say that he had “empathy for the terrorists.” As the words in bold above clearly demonstrate, Obama said that the terrorists didn’t have any empathy for the people they were attacking. It was the other way around from what Limbaugh said. Either Limbaugh doesn’t know how to read, or he just thought he could get away with lying about what Obama wrote. I’ll let you guess which option I believe is more likely.

Limbaugh, in his shameless lying about President Obama, shared a goal with Trump and the others who hurled vile attacks on Rep. Omar this past week: to place a progressive American, not to mention an American of color, outside the bounds of the American community. Such attacks go far beyond criticism on policy grounds. They prey on fear, advance hatred, and further the tribalization of American politics.

What these and too many other incidents make clear is this: Republicans have no compunction when it comes to misleading, twisting, or even lying about the words Democrats utter regarding the terrorist attacks of Sept. 11, 2001—an act of evil that should be above sleazy politics. The events of 9/11 should be something sacred. Instead, Republicans see them as just another political weapon.

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