Breaking Logjams — A week of pleasant surprises

 

Bryan Zepp Jamieson
October 2nd, 2023
www.zeppscommentaries.online

A few weeks back, I posited that if just six Republicans could stand on principle and break with the party, the looming budget crisis could be averted. Given the grim lockstep cowardice the GOP had shown up until then, I figured six would be the best I could hope for, and that retribution from the rest would be so severe their own option would be to leave the party and become independents.
I’m happy to say I was wrong.
Six Republicans didn’t break ranks: a hundred and twenty six did. It may be quite a while before we learn the exact behind-the-scenes machinations that led to this (especially since the MAGAt crowd are still a clear and present danger to all who oppose them and want specific targets to punish) but a majority of House Republicans realized there is safety in numbers, and absolutely flattened the leverage the “Freedom Caucus” was holding over them, the House, and the country.
How pervasive was the defection? I was amazed to learn that my own congressman, a lunar-landing-denying dingbat from the heart of our infamous demented neighbor, Shasta County, was one of the defectors. That was not on my dance card. That wouldn’t have been on a Bernie Sanders masturbatory fantasy!
For those just getting back from a weekend recreation and are just now catching up on the news, the continuing resolution is for 45 days (until November 15th, meaning before the Thanksgiving break and with the pressure of the holiday season looming). It is, however, a “clean” resolution. No spending cuts, in particular none of the draconian cuts to child care, law enforcement, and the IRS that the demented Trumpenfascists of the MAGA crowd wanted. Funding for Ukraine was excluded, but both Houses vow to take it up separately, and since the measure will enjoy majority support in both Houses and in both parties, I doubt Zelenskii is losing any sleep over that.
With 126 defectors, even Kevin McCarthy felt brave. He was one of the defectors. I wonder if he had to resist the impulse to blow a raspberry at Matt Gaetz as he voted. Given the Republican level of decorum in the House, it wouldn’t have been out of place.
Gaetz is swearing he will move to kick McCarthy out of the Speakership, even though anyone with the simple ability to count to 218 realizes that putting someone he likes in as Speaker is mathematically impossible. In fact, he may not even be able to kick McCarthy out: there are rumors flying that he and the Democratic Party members are confabulating, discussing scenarios where a large chunk of Democrats may actually vote to defeat the motion to vacate and let McCarthy keep his job. Part of that, of course, will mean taking a more centrist position, but between the 126 Republicans who have clearly signaled that they have had enough of the vicious and destructive MAGAts, and a number of Democrats would would sooner have to deal with a sane opposition party, McCarthy might get to keep his job.
One especially tasty rumor making the rounds is that the quid pro quo for Democratic support might include votes to expel some or even all of the Freedom Caucus. This Trump Rump group includes some of the most unsavory and unpatriotic members of Congress, including Gaetz, Lauren Boebert, Jim Jordan, Andy Biggs, Scott Perry, and Paul Gosar. The best of the 45 or so members are merely repulsive. The worst are traitors. About a dozen of them asked for pardons from then-President Trump in the wake of the January 6th insurrection, a prima facie admission of guilt and more than adequate grounds for expulsion.
Expelling just a few of these people would, in the short term, break the back of the GOP, but by destroying the power of the MAGA caucus, also put them on the road to recovery. And yes, that’s a good thing: any democracy needs at least two opposing parties that are willing to negotiate with one another. It’s a fundamental element the fascists in the MAGA crowd overlooked in their lust for power.
If the Dems want to, they can get GOP support and start moving the budget negotiations forward. Or they can let them shoot themselves in the foot one more time before the next elections, and ride a populist wave to majorities in both Houses and the White House. The GOP have never won one of these extortionist showdowns, and in the last two, got clobbered. Seems the senile old man in the basement somehow outwits the entire Trump brain trust, every time.
This vote also shows that Trump’s power is rapidly crumbling. Last weeks’ court finding of massive fraud and the resultant suspension of his business license in New York state did extreme damage to his finances, and the expected avalanche of plea bargains in Georgia and Washington have begun. Trump is going down, and there’s nobody in the party to take his place. DeSantis? Gaetz? Taylor-Greene? Don’t make me laugh.
It’s a ray of hope. America may escape the worst crisis it has faced since the Civil War.
In other news, the death of California’s celebrated Senator, Dianne Feinstein (RIP, Di), put Governor Newsom in a difficult position. He had three estimable candidates to choose from, all of whom were planning to run for Senate next year. Barbara Lee, Adam Schiff, and Katie Porter. Further, he had vowed to put a black woman in the Senate In The Event Of. That would have been Lee, my own preference.
But Newsom surprised pretty near everyone and chose a different black woman, EMILY’s List President Laphonza Butler. Butler, a fundraising giant in the Democratic party and a labor leader, is a moderately-left Democrat who falls about half-way between Feinstein and Lee politically. She’s also LGBTQ, which Newsom probably considered as his repudiation of the hate-filled far right of the GOP.
Butler was named with no preconditions, which means she is free to run as the incumbent next year, or not. She’s a close ally of Kamala Harris, and is likely to boost Harris’ chances going forward.
The Senate remains fairly stable. It passed the CR by a 91-8 vote the other day, showing solidarity against the fascist right. This is a good thing.
As for the next few weeks in the House, well, pass the popcorn. It probably won’t be constructive, or polite, but it will be massively entertaining.

More Chances to Reconcile — Dems get a golden opportunity to break fascist stonewalling

More Chances to Reconcile

Dems get a golden opportunity to break fascist stonewalling

April 6th, 2021

The 1974 Congressional Budget Act had a then-obscure provision in it that allowed the Senate, once a year, to consider a bill involving revenue and/or spending to be fast-tracked through the Senate. Debate would be limited to twenty hours, and required only a simple majority for passage. In an era of bipartisanship and when using the filibuster meant standing and talking against the bill for hours or even days, it didn’t seem at all important. The main item of interest was that of limiting debate to twenty hours, ten on each side. It was then known as “the fast track bill.”

It gained prominence for the majority vote provision when Obama’s Senate used it to pass the Affordable Care Act. Trump’s Senate used it to give a nearly two trillion dollar tax cut to the extremely rich and major corporations.

It was the crafty Chuck Schumer who noticed that not only could the reconciliation process apply this year, but retroactively to last year, since no budget was submitted by the inept and rapidly fading Trump administration.

Democrats seized the opportunity, getting the Covid Relief Package passed on a vote of 51-50. By itself, it was a monumental effort, the biggest piece of public-interest legislation since the days of the New Frontier. In addition to funding the fight to end the pandemic, it pulled a third of American children out of poverty, and improved the standard of living for tens of millions of families. It was immensely popular, with even a plurality of Republican voters supporting it. Of course, not a single Republican Congressional voted for it, although a few did try to take credit for it anyway.

The second reconciliation bill due up next is the Infrastructure bill, now dubbed The American Jobs Plan. It’s a slightly bigger bill, two trillion, and is mostly meant for repair, restructuring and modernization of the infrastructure—energy, water, sewage, transportation, education and communications. No Republican supports it, and Democrat Manchin of West Virginia is upset that it will be funded by rescinding the Trump tax cut because society is there to serve the economy, goddammit, and not the other way around. Biden and Schumer are doubtlessly taking a carrot-and-stick approach to Manchin now, to get him on board. Biden, aware of the fact that the GOP is rapidly collapsing, in the political equivalent of a failed psychotic decompensating, plans to invite Republicans to hear their concerns and persuade at least one to stop marching in lockstep with the demented felon who took over their party.

The nations infrastructure has been largely ignored for over 50 years, and it will take a lot more than two trillion dollars to bring America back to first-world status. But it’s a large step in the right direction.

Then, last night on the Rachel Maddow Show, she broke the news that the Senate Parliamentarian and Chuck Schumer had found an obscure provision in the Senate rules that apparently make it possible to have TWO MORE reconciliation bills this year.

To quote the story from MSN: “Senate Majority Leader Chuck Schumer’s spokesman told CNN in a statement Monday that ‘the Parliamentarian has advised that a revised budget resolution may contain budget reconciliation instructions. This confirms the Leader’s interpretation of the Budget Act and allows Democrats additional tools to improve the lives of Americans if Republican obstruction continues.’”

Here’s the language the parliamentarian ruling is based upon, from the Congressional Budget Act: Sec.304. At any time after the concurrent resolution on the budget for a fiscal year has been agreed to pursuant to section 301, and before the end of such fiscal year, the two Houses may adopt a concurrent resolution on the budget which revises or reaffirms the concurrent resolution on the budget for such fiscal year most recently agreed to.

I’m glad we were able to clear that up. Seriously, I’m having a hard time making sense of it, but if I am reading it correctly, it means that when a Reconciliation bill is offered up, the Senate may add on a second such bill, so long at it pertains to or supplements the first bill in some way, and of course, like all reconciliation bills, be subject to the Byrd Act. Senator Harry Byrd was concerned about the amount of pork in reconciliation bills, and so they are limited to revenue and budget, and may not pertain to Social Security in any way.

So there is a huge opportunity for the Dems to continue bringing America into the 21st century and avoid some of the damage caused by the GOP self destructing. (Three examples of how far gone they are just from yesterday: Mitch McConnell, staunch defender of Citizens United, snarled at Coke and Delta and other companies that corporations should just shut up and stay out of politics. In the meanwhile, the GOP declared war on … baseball. You know, that thing with the bats and Dustin May’s hair. Marco Rubio seems to think MLB are stooges of China for some obscure reason. And because he’s annoyed at Amazon for whatever, he wants the union to win the Alabama election. The mind boggles.)

So: two more possible reconciliation bills.

The first one is easy enough: addendum to the American Recovery Act: Medicare for All. Everyone gets Medicare. No “window” no schedule D. We will save millions of lives and trillions of dollars. In any non-fascist state, it would be a no brainer. It should be a no brainer in America, too.

Unfortunately, the Help America Vote Act is outside of the limitations of the Reconciliation Act. But there is a way around that.

I propose a Public Campaign Funding and Voting Infrastructure Bill. Public funding would make up not less than 80% of funding for any political campaign, the amount being a function of the size of the population the office being sought represents. No person could donate more than $500 to any individual running for that office, and must be resident in that office’s zone. Companies and corporations would be limited to $1,000 dollars. Any office-seeker could have access to a pod cast.

Pursuant to that, the US would devise a voting infrastructure. ALL persons eligible to vote would be issued a national Voter ID free of cost, and would be able to use said ID to vote. E-transfer via the card to physical ballots would facilitate absentee and mail-in voting, and voters would have the ability to view their votes and check for accuracy before sending the ballots in. We could rid ourselves of Citizens United and Jim Crow laws in one fell swoop.

Biden has promised to “go big.” He’s done a good job of it so far, but much more needs to be done, and he has just been handed a golden opportunity.

Have at it, Joe.

Swine before Pearls — GOP clutches pearls in trivial outrage

Swine before Pearls

GOP clutches pearls in trivial outrage

March 6th, 2021

Of course you’ve heard about the paroxysms of outrage gripping the snake pits of the right this past week. Mister Potatohead has been desexed. Libruls have taken Doctor Seuss and served him up with green eggs and ham. And worst of all, the President called Republicans Neanderthals! (Yes, that was unfair. Neanderthals greatly resembled humans. Republicans do not.)

Of course, there isn’t much else they can talk about. Every once in a while you hear a murmur about pork in the Covid Relief Package (which passed yesterday!) which amounted to 142 million dollars (about 0.07% of the bill). That pork was removed, making no discernible difference in the size of the bill. Similarly, Manchin of West Virginia got his wish, and ¼ of the supplemental payment on unemployment was cut, which amounted to another $100 million or so. Subtract $242 million from $1.9 trillion and you get $1,899,758,000. My god, the republic has been saved!

The Covid relief bill is widely popular, with even 44% of Republican voters supporting it. But the efforts to derail this badly-needed and popular bill started out tawdry and ended up ridiculous. Ron Johnson, as a delaying tactic, demanded that the poor clerks read every word of the 758 page bill to the Senate, a process that took some 10 very dreary hours. It was so boring that by the end, all the Republicans had gone home, including the estimable Senator Johnson. The Democrats spotted an opportunity, and voted unanimously to limit debate on the bill to six hours. The Republicans had hoped to force votes on hundreds of amendments to the bill, and that tactic was eliminated. So the next day, the bill was passed and awaits President Biden’s signature to become law. Yes, Republicans will stand for their beliefs, but luckily for us, they’re all nihilists.

It was a massive win for the Democrats and Biden, and more to the point, it was a massive win for the country. By the end of summer, life may be generally back to normal for most people.

Republicans don’t want to talk about the vaccination program. Biden on his first day in office promised 100 million shots would be given in the first 100 days, a goal many people had dismissed as unlikely even before it was discovered that the Trump administration had left absolutely no plans to distribute the vaccines—a final little nasty bit of vindictiveness from the defeated Trump.

Instead, we have some 75 million shots administered in the first 45 days, and the Biden administration is now promising that everyone will have had both shots by some time in May. Even by the standards of an America that existed before Republicans privatized it, that’s an extraordinary accomplishment.

The infrastructure bill is next on the schedule. It’s even bigger (some 2 – 4 trillion dollars) and most assuredly will have pork, both Republican and Democratic. Back in the Nixon days, Republicans decided that it would be far more efficient and cheaper to contract government road work out to the Sopranos. The results were predictable enough. Most infrastructure projects will end up in the hands of contractors who will skim 40% off the top and use the cheapest materials they can get away with. But it’s expected to include some items that will be hugely controversial (in other words, will annoy the rich) while providing vast improvements to society. It will include a Civilian Conservation Corps project that will employ up to two million people in public works and public improvements projects. It will eliminate most if not all tax credits for the fossil fuels industries and transfer those credits to renewable clean energy projects. On a level playing field, renewable energy is already cheaper than fossil fuels. This will make it MUCH cheaper.

Republicans will fight this, but they know that even with the inevitable flaws, they are on the wrong side with public opinion.

The mad, deposed Trump is going to be a gigantic problem for the GOP. One Trump official was indicted yesterday for involvement with the January 6th crowd, and Trump himself is lashing out furiously and blindly, attacking all GOP members who didn’t support his stolen election fantasy and even going so far as to send a cease and desist order to the GOP to not use his image or name in their promotional materials. Historians didn’t bother to see if any former president did anything like that. It hasn’t happened before. And in the justice system, a tidal wave of evidence is mounting that will sweep Trump into prison, probably for life. A sizable percentage of Republicans have fled the party and will not return until the Trump movement is dead. That will take a couple of more years.

Republican policy, such as it is, is to cling blindly to power, no matter what it takes. Gerrymandering, stacked courts, 258 different bills in 43 states designed to make it harder for people to vote, and endless attacks on the media. People are realizing that they aren’t doing this for the benefit of the people, and public opinion is mounting against that.

Then there’s the matter of raising the minimum wage to $15/hour. Over three-quarters of voters approve of that, and in any real democracy, the outcome would be a no-brainer. But Republicans will continue to unanimously oppose it, even as many of the corporations and rich people they serve approve of it. In that way, they’re a bit like the Japanese soldiers marooned on Pacific islands for 25 year or more, unaware that World War II had ended.

Given all that, is it any wonder Republicans would sooner whine about Potatohead and Doctor Seuss?

First Week of February — Second half of winter

First Week of February

Second half of winter

February 7th, 2021

There’s going to be a traffic jam at Mars this week, which is a bit disconcerting. Three craft are expected to arrive in the next ten days. The first one, tomorrow, is the United Arab Emirates’ first attempt at Mars exploration. It’s going to drop into orbit around Mars tomorrow, and spend the next few years analyzing the Martian atmosphere, looking for signs of any biological activity (methane, for instance) and perhaps determining what became of 99% of the atmosphere which Mars lost.

The following day, the Chinese effort weighs in. Dubbed Tianwen-1, or “Quest for Heavenly Truth”, it’s perhaps the most lyrically named of all the Martian craft, especially after the flat invocations of Horatio Alger wet dreams that adorn most American craft, or the English effort named after a cute but annoying breed of dog. (And yes, I know it was Darwin’s ship—don’t write). For a first effort, it’s ambitious in ways only the Chinese can manage these days. It will orbit Mars for three months, remotely surveying the surface before launching a small rover to the surface.

The US effort is another Horatio Alger invocation, Perseverance. It’s a full one ton rover, by far the largest yet, and will have the most dramatic landing, especially since it will be a full seven minutes before anyone knows its fate. Among other things, it will collect rock samples to be picked up by a player to be named later.

The reason for the log jam is that the shortest and most effective transit between the two planets occurred last summer, something that happens every 22 months, and nobody wanted to wait that long for holiday rates.

So if you want to visualize what Mars looks like right now, just turn on an old computer running Windows 3. Wait for the screen saver to pop up. All those flying toasters?

Yup, that’s about what Mars looks like right now. Hopefully all three will settle into their various assigned niches and be making delicious toast by the twentieth or so.

On an even stranger and more alien planet, the trial of Donald John Trump in the US Senate begins. The single charge is insurrection. Trump won’t testify, which is a pity; America sort of misses the ongoing circus/zoo that was life under Trump now that he no longer has the power to get us all killed. We can all have fun watching the Republicans huff in moral outrage as they jettison any final shreds of actual morality.

I’m fairly sure that there’s no life on Mars other than what rode along on the various craft that have landed there. We may find viruses on Mars, and if one of the happens to be COVID-19, we’ll know that we infected the planet. Now, admittedly I would like to be wrong about native life on Mars—I am old enough to remember the old John Carter stories and the notion that Mars had canals. If there is life, and assuming all three craft arrive successfully, we might actually know in the next year or so. That would definitely make up for the Canadian Football league season being canceled last year.

I wonder if we could send Trump to Mars? Tell him the whole damn planet is unclaimed, there’s no zoning regulations, and he can build whatever he wants. If he encounters other difficulties, such as lack of oxygen, temperatures colder than Antarctica, bone-melting radiation, or a dusting of perchlorates all over the planet, well, he should have done the reading. It was in the intelligence reports. I mean, if we’re going to contaminate the planet anyway…

The future isn’t as grim as it appeared scant weeks ago. Biden promised 100 million doses in the first hundred days, and after 16 days, 34.5 million had been administered. Biden caught flak from both sides on that promise, with one side saying it was a ridiculously optimistic forecast, and the other noting that it would be almost two full years to get everyone both their innoculations. However, COVID is fighting back, as expected. The new South African strain is somewhat unaffected by the shots. The good news is that it is affected enough that the mortality rate will be very low. But you know, that’s evolution. Build a better mousetrap, and eventually you get better mice. COVID is going to become part of our lives, the way Influenza has. Since we, too, are creatures of evolution, we’ll adapt, too.

Climate change is a far more serious challenge, and we’re pretty much out of time. The damage that has been done has yet to arrive, and there’s no turning back. No matter what changes or advancements we make, costs will be in the trillions of dollars and millions of lives over the next decade, and may worsen after that. But we are making advances in non-carbon energy and energy storage, and in the wake of Biden’s pledge to have an all-electric federal fleet, GM voted to be all electric by 2035.

Our grandchildren won’t be grateful that we screwed around for so long, but maybe we wised up soon enough that some of us will have grandchildren to sneer at us. The alternative is worse.

Oh, and this is America’s highest and most solemn religious holiday today, and my fearless forecast is that one team will win and the other will lose. That sounds boring as hell, so I’m not paying attention.

The landing of Perseverance is going to be much more interesting.

Poor, Brave Trump! – The fearless folly of the Donald

October 3rd, 2020

Trump got squeezed into one of his poor-fitting suits and sat in front of a US and Presidential flag that utterly failed to conceal that he was in a hospital room and made a four minute video for the nation. This normally would be a very good thing, since a sick president leaves the entire country unnerved and in need of a calming voice. Such reassurances are usually…staged. Some never existed: the country may have felt reassured at the story that as he was being wheeled into the OR after being shot, Reagan gave the doctors a cheery thumbs-up, but much later we learned that was strictly PR bullshit.

Trump looked better than some of the more dire stories had it but the makeup and his seated position couldn’t quite hide the fact that he wasn’t 100%.

Characteristically, he took the opportunity to praise his heroism and courage:

But I had no choice because I just didn’t want to stay in the White House. I was given that alternative. Stay in the White House, lock yourself in, don’t ever leave, don’t even go to the Oval Office, just stay upstairs and enjoy it, don’t see people, don’t talk to people and just be done with it and I can’t do that. I had to be out front and – this is America, this is the United States, this is the greatest country in the world, this is the most powerful country in the world. I can’t be locked up in a room upstairs and totally safe and just say: ‘Hey, whatever happens happens.’ I can’t do that. We have to confront problems. As a leader you have to confront problems. There’s never been a great leader that would have done that.”

Mind you, Mister “Whatever happens happens, I can’t do that” said of the same disease just two weeks ago, “It is what it is.” Stoicism is an easy way to cover up moral and mental bankruptcy. Trump is trying to pretend he was out, ignoring the danger, doing the people’s business and fulfilling his duties as president.

In reality, he’s still the same indolent buffoon he’s always been, going out only to play his indeterminable games of golf and hold his super-spreader rallies, putting hundreds of thousands of people at risk to fill his mindless need for adulation. Even then, at a recent rally in a display of what passes for humor with Trump, he told his audience that he wasn’t taking any risk—he was ‘way up on his dais, well away from the people he privately calls ‘disgusting.’ All those braying morons, going home to infect friends, family, associates, because Trump felt personally safe. He must have been really tickled pink over that.

He expressed gratitude for all non-American leaders who wished him well. Some, like Boris Johnson, were undoubtedly sincere. Kim Yong Un was probably fairly pro forma. His country isn’t allowed to admit that COVID-19 exists. Trump didn’t want to admit Joe Biden and the Democrats exist, either, and so ignored their well wishes.

Then there’s Putin, and Russia. They have a radio show called 60 Minutes that resembles the American television show of that name much the way OAN resembles Walter Cronkite. The Russian version had its own unique take on it, per the Daily Beast:

Discussing Trump’s COVID-19 diagnosis, Evgeny Popov, the host of Russian state media news talk show 60 Minutes, said, ‘Our candidate got sick.’ His co-host Olga Skabeeva reminded the viewers that Trump is in a high-risk group, due to being elderly and overweight. Referring to former Vice President Joe Biden, Popov added, ‘The other one may get sick too.’”

Davis said commentary also included condolences to the president who was taken to Walter Reed Hospital late Friday, and that Popov and Skabeeva also commented that the Democrats were “celebrating” Trump’s health woes, only to have reporter Denis Davydov in the U.S. point out that “Trump’s Twitter mentions are filled with messages of support,” to which Popov shot back, “Those are just the Russian bots.”

Ha ha ha. Very droll, comrade. ‘Russian bots.’ Must mock foolish Americaner intelligence. After show, we get drunk, go in alley way and urinate on pussy cats, no? After all, there is full Moon!

Trump’s opaque and dishonest reign has made Kremlin watchers out of all of us, where we all feverishly scan minutiae in hopes of determining what few morsels of truth may exist in the White House sewage. Now that he’s ill and even possibly critically ill, the versions regarding what’s going on are a deep and wide river. It’s safe to assume 90% of it is utter nonsense, and 9/10ths of the rest exaggerations of reality.

Three Republican Senators have tested positive over the past few days, raising the interesting prospect that for the next month or so, the Senate may actually have Democrats in control. At least two of the Senators sit on the Senate Judiciary Committee, which will be having what the GOP jokingly refers to as “hearings” on Amy Barrett next week. Maybe. At least one reputable source opines that some or all of the Republican Senators may fake claims of having the disease in order to avoid voting on her, since it’s obvious to one and all that she is a poison pill that will destroy the GOP. At least five Republican Senators who had reasonable leads just two months ago in November’s races have seen their leads dwindle to ties and even losses. They have to be feeling desperate right now. Their leader’s bad habit of making them all swim in a Petri dish in order to pretend the pandemic isn’t a problem may actually take them off the hot seat and even possibly save their careers.

Republicans have suddenly rediscovered compassion and empathy in the past day, but I have my great big “fuck you” potato gun ready for any that try pulling that crap on me. It’s manipulative bullshit, and I’m not going to play that game.

Meanwhile, keep an eye on the news. We live in interesting times.

Quid Nunc? – Trump has been impeached. Now what?

Quid Nunc?

Trump has been impeached. Now what?

December 19th 2019

Seeing Trump get impeached was enormously satisfying, wasn’t it? He is the most corrupt, dishonest, and vicious president in American history, and it’s time he got a little recognition for that. He was already upset that they gave the Time Cover of the year to a little girl he could beat up with one bone spur tied behind his back, even though with Kissinger, Stalin and Hitler former personages so awarded, Trump more than qualified.

Trump did celebrate, going to one of his little Nuremberg rallies and proclaiming that John Dingell, the late representative from Michigan, was watching all this from hell. Why? Because Dingell’s widow, Debbie, who filled his seat in the House, voted for impeachment. I imagine that went over well in Michigan, where he just made a really cheap attack on their most popular representatives.

Being a tacky and mean piece of shit isn’t, in itself, an impeachable offense. But it does make it harder to scrape up any sympathy for him. Many pundits have noted that in the many hours of debate the House and its committees staged over the past four weeks, not one Republican stood to defend Trump’s personal honor. They may be cowards, they may be cultists, they may be endlessly servile, but none of them had enough imagination to come up with that particular argument. Even the old line about Hitler (“At least he liked dogs”) doesn’t pertain; Trump doesn’t like dogs.

Trump forecast violence in the streets if he was impeached, and he was right, if you define doing the Macarena as being violent. He’s impeached, and nobody with an IQ above 90 or a bank balance below one million is upset about that.

Now it’s supposed to be going to the Senate, the the jury foreman, Mitch “Moscow” McConnell is also going to be the leading defense attorney. He’s already said, among other things, that witnesses would not be allowed to testify: Democratic witness because they would be damaging to his client, and administration witnesses because they would be damaging to his client. (No, not really: Trump simply doesn’t want anyone from the administration testifying. It’s right there in Article 2 of the impeachment.) McConnell vows to make a farce of the proceedings, because fuck America.

So there’s a very outside chance Pelosi won’t even send the Articles to the Senate. The result would be the same, except Trump wants exculpation and revenge, and this would eliminate any possibility of that. The impeachment would just be there, a deep shadow over his “perfect” presidency. It would drive him nuts.

Of course it would backfire, as the Republicans would just claim that the real reason the Dems didn’t send it to the Senate is because the case is so weak. Under new Republican rules of self incrimination, you cannot be convicted of a crime unless you specifically say that you committed that crime. For instance, if you come running out of a bank firing a gun behind you and carrying a sack full of money from said bank, you can’t be convicted unless you say, “I robbed a bank.” And if you’re the president, the police can’t even arrest you. The Republicans have come a long way from their campaign to eliminate reading Miranda rights.

So it will go to the Senate, and I’m hoping that demonstrators by the hundreds of thousands will go with it. Republicans need to know that if they try to protect their Putin puppet, the American public will revolt—not against the government, but against the Republican Party. A very important distinction, that: most Americans like their country. But they hate what the GOP is doing to that country.

In any case, the Republicans need to know that trying to whitewash or circumvent a Senate trial will carry a fatal political cost. And yes, just nominating Trump in the first place should have done that, but we live in an era where custard heads consider propaganda more important than journalism because it’s more interesting.

In the meantime, the House must continue its investigations into the various and multitudinous crimes the Trump cartel has committed. There are going to be more convictions and more sentencing of various Trump henchmen, including Guiliani, and cases for impeachment can be brought to bear against Barr, DeVoss, and Pompeo. Mike Pence is likely to face impeachment over his role in the Ukraine thing. And of course, there are quite literally hundreds of other charges that can be made against Trump, including several dozen just from the Mueller report.

As satisfying as yesterday’s votes were, the fight has just started. Trump must be legally harried and pursued until he he either quits or is driven from office. And the GOP must pay a horrible price for their efforts to circumvent justice and for their role in degrading America.

It’s only just begun. Democrats, don’t think you can stop here.

A Lonely Man – Kafka Kouncils grill Mueller

July 24th 2019

Today’s hearings had plenty of surreal moments. The one that stuck in my head was that of Rep. John Ratcliffe, R-Texas, who demanded to know as a former Prosecutor why Mueller spoke of exonerating Trump.

He was badgering Mueller, demanding to know where, in the remit of the Special Prosecutor, the Justice Department, the FBI or anywhere, existed the power to exonerate.

It could be argued that by saying he didn’t do something, Mueller was implying that he could do it. If Mueller had looked at the panel, and with a condescending smirk and an arched eyebrow, said, “I do not exonerate Donald Trump” then Turner might have a point. Then it would sound like Mueller could exonerate but just didn’t feel like it at that particular moment. But that’s not what happened.

Mueller merely stated in the report that it does not exonerate Trump. Mueller wasn’t claiming a nonexistent power to exonerate.

The report concluded, “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. While this report does not conclude that the President committed a crime, it also does not exonerate him.”

If Mueller had instead written, “The evidence doesn’t make the President a good guy,” would Ratcliffe (and several other Republican reps chanting the same song) be screaming that Mueller cannot claim that he can make the President a good guy when in fact Mueller is saying the report doesn’t make him look like a good guy?

This all sounds silly as hell, and it is, but it also grazes a salient point that is, in point of both fact and law, the heart of the reason the report, while it contains many smoking guns, wasn’t THE smoking gun.

The Department of Justice has a lunatic rule that a sitting President cannot be indicted for crimes committed while sitting as President. A sitting President can be sued for civil matters (Jones vs Clinton) but when it comes to criminal matters, he enjoys a weird, extra-constitutional diplomatic immunity from his own country.

If I had to guess, it was Republicans who pushed for this rule, because while they love to investigate Democrats for (usually imaginary) crimes it is Republican Presidents who tend to be the actual criminals and end up in for-reals legal trouble. So Republicans scrapped legal harassment of Democratic presidents in order to keep their own out of prison, and settled for endless congressional investigations—none of which needed any actual evidence of criminal behavior in order to proceed, an added bonus. Remember Benghazi? Eight congressional investigations, blowing well over $75 million, and even with corrupt Republicans running the show, couldn’t find evidence of any wrong doing, or even that a crime had occurred.

So from the get-go, Mueller know he could not indict Trump. Lacking the main element for his report, he had to feather the edges. With no power to indict, or even accuse, because Presidents are god-kings well above your stupid puny American laws, he instead listed the crimes (eleven dealing with obstruction of justice alone) and waited for a corrupt and cowardly Congress to do its job.

He must have felt quite lonely doing that.

Did he manage to drop the hint? Over a thousand federal prosecutors signed a letter stating that if they were presented with the evidence Mueller had in his report, and if it were anyone other than the godlike and invulnerable Lord of all the Americas, they would have handed down multiple felony indictments.

Of course, prosecutors have a job to do and understand how to do it. Congress merely needs to look like it’s anything other than the world’s richest landfill.

Impeachment is similar to indictment, in that it is a formal accusation of wrong-doing brought against someone. Where the job of prosecutors is a bit more difficult is that they have to show evidence a crime has been committed and link said crime to the accused. Congress merely needs to impeach for high crimes and misdemeanors. One Congress impeached a President for firing a member of his own cabinet; another, for being misleading about getting a blow job.

Impeachment is enough of a joke that even Congress can handle it. But these days, with a few exceptions, Congress is an even bigger joke, and we have to listen to screeds about the Loch Ness monster and howls that by claiming not to take a given action, a prosecutor is saying that he could do the action if he wanted, a farcical conclusion on the face of it.

Resolve to impeach Trump is growing, but not among the Faux News/GOP part of the country, who all share the Sean Hannity delirium dream.

Mueller faced a grueling pair of sessions, nearly eight hours of badgering and misrepresentation of himself and his former office. He turns 75 soon, and there were quite a few times when his age was evident, when he stammered and looked a bit lost. Of course the Republicans exploited this, zeroing in on queries that they knew he was enjoined from answering because they weren’t in the report or might cause damage to the country. Knowing Mueller to be hard of hearing, they played nasty little schoolboy games, either speaking so quickly, or far enough from the microphone, that Mueller was forced to ask them to “please repeat the question” over 150 times. Republicans remind us that all very young children are sociopaths. Same furtive sense of nastiness that makes them toss ladyfingers at the cat.

And of course, Mueller had to grapple with the biggest limitation of all: The simple declaration that evidence existed that Donald Trump committed multiple felonies and should be indicted. He isn’t allowed to say that. All he can do—all he could do—was present the facts to Congress, and let them decide.

And that had to be a very lonely feeling for Bob Mueller.

Opening Day – A Light at the End of a Cave

January 25th 2019

Just the other day, I wrote, “First, he [Mitch McConnell] may have decided he could keep 40 Republicans in line, effectively filibustering the bill. Given that would be the same forty Republicans who voted for that very same bill five weeks earlier, only to have Trump double-cross them, dumping them into a nightmare of rising public fury, it’s unlikely that even the goose stepping discipline for which the Senate GOP is renowned could keep them all in line…Second: McConnell finally convinced Trump that the wall was nothing but a loser from the GOP standpoint.”

Turns out in the end that it was something of a combination of the two. He had the two votes, and while they didn’t actually do anything, they sent a clear message: Republicans in the Senate were far more interested in a “clean” (no wall) continuing resolution to open the portions of government closed by the idiotic impasse than they were in securing funds for the wall, or whatever it is Trump is calling it this week.

After the votes, reports leaked of mounting Republican fury and desperation in the Senate, shared by McConnell himself, who snapped at one cohort, “Do you think I’m enjoying this?”

Still, the Senate, the Republican half especially, is something of a kabuki. An experienced Senate Majority Leader isn’t going to permit a vote which shows large cracks in his caucus unless he wants someone to know those cracks exist.

Even the Idiot Trump had to know that six Republican Senators voting for a clean CR meant they were never going to vote for the wall.

Another such vote might result in a 66-34 vote. There’s an element of kabuki in Senate votes, and while 66 Senators would have voted for the CR, the final vote needed to make the vote veto-proof, which almost certainly would have to be cast by a Republican, would be hard to get.

However, public rage was mounting by the day. Republicans, blindly in love with their delusion that voters want them to eliminate government so they can have all that common wealth all to themselves, were quickly realizing that the voters had a different opinion on the matter. And while most of the public blame was correctly aimed at Trump, the Republican Senate was seen, at best, as his lackeys, and at worst as his co-criminals.

I think Americans have finally lost patience with the GOP tactic to using extortions such as government shut downs to get things they want but which lack the political and public support. That’s my hope. Time will tell.

But for now, all the poor bastards who missed meals and saw their credit scores plummet because of der Trumpenfuhrer’s little games are going to get their back pay, and the even poorer bastards who did contract work for the government are still fucked. Lots of damage done, and for utterly insane reasons, but at least it stopped getting worse.

Another reason for the Trump Cave came from Robert Mueller III. He grabbed his scoop and a plastic bag and got Roger Stone last night. Stone, one of the sleaziest and most vicious political operatives in the country, is believed to have had a central role in the three way tryst between Trump, Wikileaks, and Russia. And probably a whole lot more.

Trump’s tweet reaction was…less than lucid. It read, “Greatest Witch Hunt in the History of our Country! NO COLLUSION! Border Coyotes, Drug Dealers and Human Traffickers are treated better. Who alerted CNN to be there?” Sounds like a Speak N’ Spell with rabies, doesn’t it?

I’m sure the mental image the tweet created, of an American President, naked, smeared in his own feces, screaming and ineffectually urinating in the direction of the CNN building, is a bit less than reassuring. But have no fear: Ann Coulter stepped in to reassure him and calm him down.

She tweeted, “Good news for George Herbert Walker Bush: As of today, he is no longer the biggest wimp ever to serve as President of the United States.”

That’s right: She kicked a recently-dead guy to take a shot at a volatile moron over losing a no-win situation that she helped precipitate in the first place. History will remember you kinda, Annie.

She went on to say, “Obviously the gov’t shutdown hasn’t gone far enough if the corrupt & incompetent FBI still has funds for a Keystone Cops stunt like the pre-dawn raid on Roger Stone….Sure feel safer today, with the feds taking Roger Stone off the streets. No need for a border wall now. Nothing to fear from MS-13.”

Gotta say, Annie, I feel a lot safer with Roger Stone in jail. Truth be told, I think the average MS-13 member has higher moral and ethical standards than Stone—or you, for that matter.

But the upshoot of the Mueller action this morning shows that for Trump, the walls are closing in like a Star Wars trash compactor. (Ann as Princess Leia: shudder!)

The continuing resolution is good through Feb 12th, whereupon we find out if the Republicans and Trump want to play some more of their extortion games, or if they finally realized that particular tactic has passed it sell-by date, and the public is well and truly fed up with it.

Meanwhile, Trump will be able to give his SOTU speech, if perhaps a week or two late. I hope the Democrats don’t waste any time being polite to him. He does not deserve respect, or even polite courtesy.

Boo the lies, people! If they can do it in Parliament, they can do it here!

Barr None – He hit all the right notes, but…

January 15th, 2019

I watched the William Barr hearing this morning, and came away with mixed feelings. He hit all the right notes, vowing not to interfere with the Mueller investigation (but not swearing to recuse himself) and agreeing that the investigation was valid and important and needed to continue.

He agreed that a primary role of the DoJ was to prevent foreign interference in US elections, but undercut it by saying that Russia “appeared to interfere” in the 2016 election. That’s a bit like saying Boston appeared to have won the 2018 World Series. The equivocation is pointless, and leaves one with the unsettling feeling that Barr doesn’t really understand the nature of the investigations against Trump. At best, that’s what he doesn’t understand.

He also had a weird equivocation about the Emoluments Clause, appearing uncertain as to whether it could pertain to Trump. It reads, “And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” An emolument is “profit, salary, or fees from office or employment; compensation for services: Tips are an emolument in addition to wages.” OK, Trump is holding an office of trust, and is getting gifts and kickbacks from a variety of foreign states. Seems pretty straightforward. And it would be insane to pretend that presidents are above the law on conflicts of interest, bribery, self-dealing or misuse of office for profit. All of which Trump is demonstrably guilty of.

The Founders wanted a chief administrator, not a Divine Right King.

That a former Attorney General and lifelong Constitutional lawyer would profess uncertainty about this is troubling. At best, it’s disingenuous.

Barr also equivocated on whether he would allow Mueller to indict Trump. This, too, is troubling, since on a previous occasion he interfered with an investigation that would quite possibly have led to indictments of then-President George Bush and former President Ronald Reagan. As reported here:

Mr. Mueller indicated to Mr. Rivera and to me as well that they would prefer that our indictment — that we work aggressively on it as much as possible… I received a phone call a little bit before noon on August 22 from Denis Saylor who indicated to me that I was directed not to return the BCCI indictment. And I asked who was directing me not to return it, and he said Attorney General William Barr…” (US Atty Lehtinen)

As Robert Mueller III, the Assistant Attorney General at the Justice Department now in charge of the BCCI investigation, testified in October, 1991: BCCI was not an ordinary bank. It was set up deliberately to avoid centralized regulatory review, and operated extensively in bank secrecy jurisdictions. Its affairs are extraordinarily complex. Its offers were sophisticated international bankers whose apparent objective was to keep their affairs secret, to commit fraud on a massive scale, and to avoid detection” (“The BCCI Affair A Report to the Committee on Foreign RelationsUnited States Senate by Senator John Kerry and Senator Hank BrownDecember 1992“) https://archive.org/stream/TheBCCIAffair/The-BCCI-Affair_djvu.txt

It’s important to remember that in 1991-2, Barr was a very partisan lawyer, one who helped Bush write a series of last-minute pardons that effectively destroyed the Iran-Contra investigation, something that threatened to throw some 80 members of the Reagan and Bush administrations, including Reagan himself, in jail.

And now he is in a position to potentially short-circuit Mueller again. Yes, this is cause for concern.

It didn’t help that he was mouthing administration talking points on the wall, immigration in general, and indicated a willingness to make marijuana illegal again.

Well, it’s not like Trump was going to appoint a liberal. It couldn’t have been easy, searching someone who combined plausible credentials with the type of selective moral, ethical and legal blindness needed to serve under Trump.

It may be that it doesn’t matter. Mueller is close to end game, and in any event, even if Barr decided to be a Bork and fire or impair Mueller, the Senate Intelligence Committee and the House Intelligence Committee could simply subpoena Mueller’s records and go from there.

It’s possible I’m being unfair. Yes, Barr was a partisan ratbag in 1992 and contributed to the vast amount of damage the corrupt Reagan and Bush regimes did to the country by making their criminals exempt from the law.

But that was 26 years ago. People change, mature, develop some ethics. Sometimes. Perhaps Barr did, and perhaps he was sincere, if overly lawyerly in today’s testimony. Perhaps the equivocations were those of a man used to dotting eyes and crossing tees.

Perhaps. But Barr needs to know this going in: This isn’t the America of 1992. If he, and the GOP, try to evade justice and put themselves outside of legal reach though obstruction and misuse of the pardon, they won’t walk away. America will come after them.

They aren’t free to spit on the country the way they did in 1992. It’s a different world, and people have learned about the nihilism of the far right.

If Barr lied, he will end up in jail.

The Constitutional Gerrymander – A proposal to make the Senate more equitable

November 15th 2018

The latest wrinkle amongst Republicans arguing in favor of the Senate system of allocation (and by extension the Electoral College) is that it actually favors Democrats, since seven of the ten lowest states by population have one Democratic Senator and five of the smallest have two Democratic Senators. It’s a perfectly true statement, but it’s also a fact that is cherry-picked. The Senate doesn’t favor Democrats, as this last election showed: Overall, in the 33 states that had Senate elections this year, Democrats outpolled Republicans by some 12 million votes—and lost two seats. (Although three seats are still undergoing the recount process).

There’s an easier way to demonstrate that the Republican making this argument is gaslighting you: just ask him if this means he supports changing the makeup of the Senate to make it more equitable. After all, if the Senate gives the Democrats an unfair advantage, surely he would want to do something about it. At that point the Republican will either tell you that the Constitution is the sacred word of God and must not be questioned, or he’ll just simply scamper away. Either way he’ll suddenly lose interest in defending the underrepresentation of those poor Republicans.

Of the fourteen* states in the 1790 census, four had 2,071,170 people, roughly 53% of the total population**. That 53% covered 28% of the Senate. (If you limited to white property owners, then the Senate representation of people who could vote was much more equitable, since women and slaves could not vote). But even the 53/28 ratio is more equitable than it is today: 70/30. Thirty percent of the population control 70% of the Senate, and the fascist right have been blasting those 35 states with unending propaganda, persuading them that they must defeat the “city elites” or be completely subsumed by those pesky Americans living in desirable and productive states. OK, they don’t put it quite that way. They usually settle for warning about coastal elites.

And yes, these are billionaires with bloated senses of entitlement warning the rural population against elites. Yes, it’s grotesque.

I have a suggestion to alleviate this state of affairs while still protecting the smaller states. It would require a constitutional amendment, and would not be popular in at least ten states, but it should be worth considering.

Change the allocation of the Senate as follows: the smallest ten states by population will have just one senator. The ten largest by population would have three senators. The rest would stay at two senators.

What would the top to bottom distribution be then? The ten smallest states, with 9,582,945 people, would see their representation halved, from 20% to 10%. However, they only make up 3.1% of the population, so they would still be overrepresented. The ten largest states would make up 30% of the Senate rather than 10%, but with about 49% of the population, would still be underrepresented.

I don’t have a problem with the built-in bias in and of itself. There is a certain amount of wisdom in not allowing the population centers to run rough-shod over the more thinly populated regions. It’s just that the existing bias is way out of hand, and gives a handful of rich bad actors a loophole to manipulate the government of the country on the cheap.

How would this affect the Electoral College? As most of you know, the EC gives each state electoral votes that equal the sum of their House representatives and the two senators. (For example, Wyoming has one representative and two senators, thus three EC votes). Worse, most states have a winner take all tabulation. Win California by one vote, and get all 55 of the electoral votes).

As a part of the same amendment reallocating the Senate, I would get rid of the Electoral College altogether. Its only purpose is to allow unpopular political parties to cheat, and steal presidencies. (Oddly enough, all five instances involve Republicans). It’s detrimental to the validity of national elections, and has done far more harm than good.

The amendment would have a provision automatically reallocating Senator seats based on the ten-year census. For example, I was using the figures from the 2010 census and the 2020 census might show different states occupying the coveted #10 position, or the much-less-coveted #41 position. It’s not real likely in this census, but it will occur as states rise and fall. In which case, reallocation takes place before the following election, and is automatic. States losing a Senator may decide in a special election which one to dump.

As things stand, this particular idea has zero chance of implementation, but then, that’s true of most new ideas. Pass it around, let people mull it over, and see if it germinates.

The United States does need to address the issue of allocation, because it is being used as a tool to thwart public will, and that’s always detrimental.

*Maine was counted apart from Massachusetts but was still a part of the state. Likewise Kentucky and Virginia. So you had 16 states in the census but only 14 in the Senate.

**Skewed by the fact that slaves (some 700,000 or so) only counted as 3/5ths of a person each, and could not vote. Even then, bigotry made America grotesque.

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