Same song, next verse

When I was a college student in the capital city of Texas, the mayor once held his regular weekly news conference and was asked to comment on the fact that the state legislature was about to begin another biennial session under the big pink dome.  His immediate reaction was to say “Lock up the kids and dogs.”

America, your legislature is back in business: the House of Representatives has selected Mike Johnson of Louisiana as its new speaker.  Who is that, you ask, and what does he believe in?  Among other things, he

So, we got that going for us…which is not nice.  Ruth Marcus writes in the Washington Post that any sense of relief you might be feeling that a well-known extremist like Jim Jordan was not elected by Republicans in Congress is misplaced.

For Jordan’s shirt sleeves demeanor and wrestler’s pugnacity, substitute a bespectacled, low-key presentation, a law degree and an unswerving commitment to conservative dogma and former president Donald Trump.

This is not an upgrade. It is Jordan in a more palatable package — evidently smoother, seemingly smarter and, therefore, potentially more effective.

Johnson, now serving his fourth term in Congress, was the moving force behind aSpeaker Johnson Supreme Court brief that helped lay the shoddy intellectual groundwork for Jan. 6, 2021. In December 2020, he rallied fellow Republican lawmakers to support Texas’s brazen bid to overturn the election results. In a lawsuit that fizzled almost as soon as it was filed, Texas Attorney General Ken Paxton sought to have the Supreme Court intervene in the election by blocking the certification of electoral college votes in four swing states — Pennsylvania, Georgia, Michigan and Wisconsin — where voting rules had been changed in the course of the election and voters, not coincidentally, had favored Joe Biden. The justices swiftly rejected the case, tartly noting that, “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”

(snip)

The Johnson brief was a full-throated endorsement of the “independent state legislature” theory, ultimately rejected by the Supreme Court in 2023’s Moore v. Harper. The brief asserted that under the terms of the Constitution, only state legislatures — without any review by state courts or involvement of other state parties — have power to set rules for choosing presidential electors. “The clear authority of those state legislatures to determine the rules for appointing electors was usurped at various times by governors, secretaries of state, election officials, state courts, federal courts, and private parties,” the brief argued.

(snip)

The Texas episode was of a piece with Johnson’s conservative worldview. Before being elected to Congress, he was a senior lawyer and national spokesman for the Alliance Defending Freedom, a conservative group that opposes abortion, same-sex marriage and LGBTQ+ rights.

Running for Congress in 2016, he described himself as “a Christian, a husband, a father, a lifelong conservative, constitutional law attorney and a small business owner in that order, and I think that order is important.” Johnson said he had been “called to legal ministry and I’ve been out on the front lines of the ‘culture war’ defending religious freedom, the sanctity of human life, and biblical values, including the defense of traditional marriage, and other ideals like these when they’ve been under assault.”

We shall see how well Johnson does in leading the House, or at least its too-small-for-comfort Republican majority, in handling upcoming issues like a possible government shutdown in three weeks, or requests for more aid to Israel and Ukraine, or any of the other normal kinds of business which members of Congress are supposed to take care of on our behalf.  But given his still-declared support of Trump, it’s unlikely Johnson will be much of a leader when it comes to the reality of the need to work with Democrats to get things done: as David Frum wrote in The Atlantic earlier this month, “The rules of contemporary Republican politics make it had to accept reality.  Reality is just too awkward.”

In reality, Trump has been a big vote loser for Republicans. He fluked into the presidency with a Dukakis-like share of the vote in 2016, then lost his party its majority in the House in 2018. Trump got decisively booted from the presidency in 2020; rampaged illegally on January 6, 2021; and then cost his party its Senate majority in the January 2021 runoff elections. His election-denier message damaged his party further in the elections of 2022. His demand for a Biden investigation and impeachment in 2023 is producing an embarrassing fiasco. But no Republican leader dares say these things out loud.

Most taboo of all is working with Democrats, on any terms other than total, one-sided domination: We win, you lose. So [then-Speaker Kevin] McCarthy just had to press ahead, acting as if he commanded a majority when he did not; insulting and demeaning the minority, even though he had to know that he might need their help at any minute.

That minute came. McCarthy sought Democratic votes to save him from his own refractory members, and in return he offered nothing. Not even politeness.

That proposition did not produce the desired results, and so here we are.

Where we are is a country with a solid anti-Trump majority confronting a pro-Trump minority that believes it has a right to rule without concession or compromise.

The only way to produce a stable majority in the House is for the next Republican leader to reach a working agreement with the Democrats to bypass the nihilists in the GOP caucus. But that agreement will have to be unspoken and even denied—because making agreements that show any respect for the other side will be seen by Republican partisans as betrayal. The price of GOP leadership is delivering delusions and fantasies: the delusion and fantasy that Trump won in 2020, the delusion and fantasy that the Republicans did not lose in 2022.

“Delusion and fantasy” might well stand as a new motto for the remnants of a once proud GOP: in the Public Religion Research Institute’s annual American Values Survey, one-third of Republicans believe that “because things have gotten so far off track, true American patriots may have to resort to violence in order to save our country,” almost half think we need a strong leader who is willing to break some rules to get things done, and 29% are strong believers in the QAnon conspiracy movement. In the Washington Post, Jennifer Rubin writes:

Most frightening is how many Republicans buy into white Christian nationalism, a racist ideology that rejects the basic premise of our democracy: “All men are created equal.” One-third of Americans but 52 percent of Republicans agree that “God intended America to be a new promised land where European Christians could create a society that could be an example to the rest of the world.” The number is even higher among White evangelical Protestants (54 percent). Americans who subscribe to white Christian nationalism are more than twice as likely as other Americans to say true patriots might have to resort to violence to save the country.

In a related question, 75 percent of Republicans think the Founders wanted America to be a Christian nation with Western European values.

Rubin also identifies a “positive sign of public sanity” across the ideological spectrum.

Overwhelming majorities of Americans today support teaching the good and the bad of American history, trust public school teachers to select appropriate curriculum, and strongly oppose the banning of books that discuss slavery or the banning of Advanced Placement (AP) African American History.” Moreover, “A solid majority of Americans also oppose banning social and emotional learning programs in public schools.” Though some Republicans have made “anti-wokeism” a key requirement of their political identity, their message is deeply unpopular. “Fewer than one in ten Americans favor the banning of books that include depictions of slavery from being taught in public schools (7%), compared with 88% who oppose such bans.”

Sixty percent say abortion should be legal in most or all cases, compared with 37 percent who say it should be illegal in most or all cases. In a political reversal, “Democrats are now significantly more likely than Republicans to say their support for a candidate hinges on the candidate’s position on abortion,” 50 percent vs. 38 percent.

(snip)

Taking a step back, the overall picture here is a country that is inclusive, respectful of religious differences, pro-democracy and supportive of women’s rights — except when it comes to the largely Republican, mostly White evangelical Christians who reject these fundamental ideas.

When a sizable portion of one of the major political parties, aided by a right-wing propaganda machine and infused with religious fervor, rejects the basis for multiracial, multicultural democracy, we face a severe crisis. Even if Trump does not return to the White House, this radicalized segment will not disappear. How we reintegrate millions of Americans into reality-based, pro-democracy politics in a diverse country remains the great challenge of our time.

It matters

Today the U.S. House of Representatives impeached the president of the United States.  Even though the chances are vanishingly small that the United States Senate will remove this president from office over these two articles of impeachment, that matters.

Read the Mueller Report.  Read the House Intelligence Committee report.  Read the House Judiciary Committee report.  Read the summaries of any of those documents.  Or just think about all the incredible stories of the goings on of the president ever since Donald Trump was sworn into office.  There is more than enough evidence for a clear-eyed observer to conclude that Trump has committed impeachable offenses…so many, and so blatantly, in fact, that to not impeach him would have been the grossest example of the House ignoring its responsibility to perform checks and balances of the Executive Branch.  Any president who had done what this one has done would deserve to be impeached, too, to be shamed and held up to the ridicule of history, and have the Senate vote to remove him or her from office for the good of the country.

But wait: the place is swarming with Republicans who say there is no proof that Trump did anything illegal, or even improper, or impeachable at all.  Many of them are actually screaming it, and then insisting Trump is the best president ever—not just better than Obama or Clinton or Bush (either one) but better than Washington or any of those other dudes.  It’s fascinating.

I get it that party loyalty is important, if you’re a member of a party, and I get that there are more members of Congress than I would like to admit who actually love what Trump is doing and won’t do anything to get in his way.  That includes so many who were seemingly appalled by Candidate Trump, who saw him as a threat to the country; now they have his back without question.

Why in the world are all these people so servile to Trump?  Why in the hell don’t these men and women, who in most other circumstances behave as though they are the highest expression of God’s own creation, act the part of members of Congress and assert their authority as a co-equal branch of the government?  They may be loyal to a president of their own party, or to the president of our country, but they don’t work for him and they aren’t there to do his bidding.  They may agree with the president’s policies and support his goals, but they have a responsibility to their constituents, and the Constitution, and to the rest of us, too, to be a restraint against a president who oversteps his bounds.  They have taken the art of deluding themselves to the zenith, and achieved a new nadir when it comes to supporting their party at any cost.  Hard to understand how they don’t see that their own reputations and honor and place in history are at risk, each and every one of them.

As troubling as it is…as confusing as it is…to see so many apparently intelligent and well-educated people publicly forsake the evidence of their own senses to support a president who has so clearly demonstrated his utter contempt for the rule of law and the oversight role of the Congress in American government, it’s even worse to see those among them who are abdicating their own part in this government, apparently without a fight.

The Constitution gives the House the responsibility to impeach a president or other government official, and the Senate the role of jury in a trial of the president presided over by the chief justice of the United States.  So how, in the name of all that’s right and moral and legal and American, can the man who leads the majority in the U.S. Senate say he will work with the White House counsel to arrange the details of the trial?  And do it like it’s no big deal?!  We know that the chances of the Senate convicting Trump are microscopic, but what are we supposed to think now about the fairness of this proceeding, or the honesty with which the senators will consider the evidence, when the jury foreman announced in advance that his team will work hand-in-hand with the defense lawyers?

If anything, Mitch McConnell should be coordinating trial details with the Democratic leader in the Senate.  On Monday came the news that Charles Schumer wrote to McConnell proposing a framework for the trial, including the names of a handful of witnesses who never testified to the House investigators, people he would like to hear from in the Senate trial.  McConnell dismissed the idea; he even said there would be no witnesses.  We can, and should, speculate about the reason for that stance; I think he’s worried that his members might not be able to countenance their support of Trump if they heard what Mick Mulvaney and John Bolton would say under oath.

https://twitter.com/patryan12/status/1206895355763347456

Or is McConnell kidding himself when he thinks he’s going to be in charge? In Slate, Bruce Ackerman argues that the Senate can’t bar any witness, that it’s up to the House and the president—the prosecution and the defense—to decide those things.  And most importantly, that it will be the presiding judge—Chief Justice John Roberts—who will run the court.

Once John Roberts replaces Vice President Mike Pence as the Senate’s presiding officer, McConnell’s attempt to change the rules would generate a constitutional crisis. As I have noted, the rules explicitly give Roberts, and nobody else, the power to “direct all forms of the proceedings.” If McConnell tried to seize control, Roberts could refuse to allow the Senate to vote on his initiative, especially if McConnell proposed rule changes that were inconsistent with Roberts’ pledge “to do impartial justice.”

(snip)

The chief justice is a serious jurist, dedicated to sustaining the Supreme Court’s central position in our system of checks and balances. His impartial conduct of the trial is especially crucial in the aftermath of the blatant partisanship displayed by McConnell and the Senate during the confirmation battle over Brett Kavanaugh. With this episode vividly in the public mind, it is imperative for Roberts to demonstrate, by his actions, that he takes the Constitution seriously and is not merely serving as a pawn in McConnell’s scheme to guarantee an acquittal.

If the majority leader did make an effort to change the rules midstream, this would serve as Roberts’ moment of truth: Will he demonstrate to the tens of millions of viewers that he is determined to put the Constitution above bitter partisan conflict?

Given Roberts’ repeated efforts to sustain the court’s legitimacy in the past, there is every reason to expect him to stand his ground and refuse to allow McConnell’s motion to be considered on the floor. If McConnell continued to defy Roberts and insisted that his colleagues back him up, it seems highly unlikely that his fellow Republicans would provide him with the bare majority needed to provide appropriate window dressing for his attempted constitutional coup.

This week began with news that 750 historians believe Trump should be impeached, and that a Fox News poll found half the country thinks Trump should be impeached.  This poll also finds Trump would lose the popular vote in November to Biden, or Warren, or Sanders, or Buttigieg, or even Bloomberg.  But for me, the best part of that story was seeing the Fox & Friends contingent so thoroughly gobsmacked to have to learn that their own network’s poll had such bad news for their guy…it revealed at least a little of the subconscious understanding on their part that their company’s preferred role is pimping Trump rather than doing journalism.  Another interesting consideration was raised by Charles P. Pierce, who makes the case that the Republican Party is the only organization—anywhere—that has a chance to save the republic.

What if, I think to myself, what if the Republicans have a plan: what if they’ve lulled Trump in with their obsequiousness and shameless praise—the kind of stuff that Trump so clearly loves and encourages—and when it comes right down to a vote, what if they surprise the crap out of all of us and vote to remove him from office?  Can we rely on a sudden tsunami of personal conscience, or love of country, or just plain old fear for how they will be remembered by history, to save the day?  Maybe they will see just one too many examples of Trump’s childish temperament, like his unhinged letter to Nancy Pelosi yesterday, and decide they’ve had enough.

They could just finally get fed up with the president’s obstruction of justice, and obstruction of Congress.  Of them.  No other president I can think of has ever so publicly dissed Congress, and thumbed his nose at the law, as has this one.  (On this point, Trump may accurately claim to be the best in history.)  Congress has a right to ask for, and receive, cooperation from the Executive Branch in its investigations.  Though there are exceptions for withholding some information—executive privilege—the people who get Congressional subpoenas have a duty to honor them.  Maybe they refuse to answer questions when they get there, but they have a duty to answer the call of the Congress.  In ordering the people in his administration not to do so, Trump effectively said to Congress: uh, f*** you losers, make me if you can.  And yet, most of the Republican members of Congress still stand up for him, rather than stand up to him.  Go figure.

Anyhow, the House vote to impeach Trump is important.  It matters that we have members of Congress who are standing up to the bully, reminding him and us that abiding by the rules and laws and traditions of this country is expected.  The oath those members took was to defend the Constitution “against all enemies, foreign and domestic,” and they should be faithful to that promise.  And if Trump is not removed by the Senate, there are still options.  One is that the House could delay sending the impeachment to the Senate until senators agree to conduct a fair trial: this would keep McConnell from fixing the outcome of the trial while the House keeps the focus on Trump’s bad deeds, which could keep pressure on Republicans to abandon Trump as the Republicans of 1974 finally abandoned Richard Nixon.

https://twitter.com/tribelaw/status/1206692967433621504

Another option is pouring everything into defeating Trump at the polls in 2020.  This week a group of Republicans announced the Lincoln Project dedicated to defeating “Trump and Trumpism at the ballot box.”  The organizers wrote about their effort in the New York Times, and didn’t sugarcoat the fact that Trump is not the only name they are targeting for defeat:

Patriotism and the survival of our nation in the face of the crimes, corruption and corrosive nature of Donald Trump are a higher calling than mere politics. As Americans, we must stem the damage he and his followers are doing to the rule of law, the Constitution and the American character.

That’s why we are announcing the Lincoln Project, an effort to highlight our country’s story and values, and its people’s sacrifices and obligations. This effort transcends partisanship and is dedicated to nothing less than preservation of the principles that so many have fought for, on battlefields far from home and within their own communities.

This effort asks all Americans of all places, creeds and ways of life to join in the seminal task of our generation: restoring to this nation leadership and governance that respects the rule of law, recognizes the dignity of all people and defends the Constitution and American values at home and abroad.

(snip)

…national Republicans have done far worse than simply march along to Mr. Trump’s beat. Their defense of him is imbued with an ugliness, a meanness and a willingness to attack and slander those who have shed blood for our country, who have dedicated their lives and careers to its defense and its security, and whose job is to preserve the nation’s status as a beacon of hope.

Congressional Republicans have embraced and copied Mr. Trump’s cruelty and defended and even adopted his corruption. Mr. Trump and his enablers have abandoned conservatism and longstanding Republican principles and replaced it with Trumpism, an empty faith led by a bogus prophet.

(snip)

Mr. Trump and his fellow travelers daily undermine the proposition we as a people have a responsibility and an obligation to continually bend the arc of history toward justice. They mock our belief in America as something more meaningful than lines on a map.

(snip)

We look to [Abraham] Lincoln as our guide and inspiration. He understood the necessity of not just saving the Union, but also of knitting the nation back together spiritually as well as politically. But those wounds can be bound up only once the threat has been defeated. So, too, will our country have to knit itself back together after the scourge of Trumpism has been overcome.

A seemingly well organized effort, with some serious money already committed: Republicans out to convince other Republicans to fight Trump and those of their own party who enable him.  They expect that will mean Republican losses in the next election, but believe that to be preferable to another four years of Trumpism.  The polls indicate that most Americans agree, if not most Republicans.

https://twitter.com/JRubinBlogger/status/1207014170132144131

https://twitter.com/AJentleson/status/1206960619695595521

Furlough Journal: The end of an error

Uh, that’s it?

After more than two weeks of a partial government shutdown and right up to the brink of a government default on its bills, all forced by extremist Republicans trying to coerce Democrats and the president to give up their wins on health care reform, the Republicans waved the white flag.  Unable to come up with a plan that was agreeable even within the group of Republicans in the House, the House threw up its collective hands and punted, agreeing to approve a compromise originated in the Senate that funds the government and raises the debt ceiling—that is, it kicks this can down the road a few months.  And as far as the Affordable Care Act goes, this bill does not defund a damn thing but it does “strengthen income verification requirements for those who sign up for insurance under Obamacare.”  Well, isn’t that special.

The extremist Republicans got exactly none of what they claimed to have been after, the entire Republican Party has taken a black eye in public approval, 800,000 civil servants and an uncounted number of contractors who do not do “essential jobs” missed work and maybe paying some bills.  And what did I learn, back here in my little corner of the partial government shutdown?

  • I enjoy not going to the office, and going instead to the golf course
  • I don’t respond to a few consecutive days of exercise like I used to
  • Working from home on a short term basis is hard because there are too many potential distractions
  • I hate getting calls from telemarketers

Now I wait for instructions.  My contract management tells me and my colleagues we must wait until our contract gets official notification before we can step foot back at our government offices, and that hasn’t come yet, but the civil servants we work directly for are already calling 9:00 o’clock meetings for tomorrow morning.  That’s right: some things never change.

It’s not as hard as I thought it would be to praise Congress for doing its job

The Senate took action first, agreeing on spending authorizations to keep the government operating until the end of the fiscal year; the House did the same the next day. Thing is, they both did what needed to be done more than a week before the drop-dead-line that would have seen the government start to shut down for lack of operating funds. How uncharacteristic of them.

In the past few years the American Congress has never missed an opportunity to run right up to the brink of any fiscal catastrophe; like the Road Runner being chased by Wile E. Coyote, it safely came to a screeching standstill in a cloud of dust just on the edge of the abyss (beep beep). To what do we owe this unusual display of fiscal responsibility? I don’t know, but I’d like to order another round.

It had become too easy and too predictable for the thousands and thousands of voices online and on air and in print to chastise House and Senate, Republican and Democrat, for failing/refusing to take care of business. I’d begun to think it was ultimately ineffective as well, but maybe–just maybe–there was still some shard of humanness left deep inside our elected representatives that was tired of being ridiculed and abused, that knew that the voices raised in criticism had a point. It’s not that I’m pleased with the details of the budget the government will operate under for the next six months, but that I’m pleased “the government” got off of its ass and made a decision with something less than the usual quotient of bluster and drama…the “sound and fury” that, as is often the case in our politics, signifies nothing.

So, good on ’em for what they done (there, I said it; are you happy?). And fine, let them go ahead and propose future budgets, have debates and secret meetings and public hearings and horse-trading and try to persuade us all of the virtue of their ideas; that’s the way we’re supposed to try to come to a consensus on public issues. Just because I don’t have the heart or the stomach for this circus right now doesn’t mean the rest of you should miss out on the fun.

What the hell just happened here?

For someone who didn’t just go over the fiscal cliff, I’m pretty disappointed with our House and Senate and president. Not surprised, but disappointed…if I can summarize out loud, to help organize my thoughts:

Our elected leaders were faced with some $600 billion worth of automatic tax hikes and spending cuts that might or might not have any real impact in reducing the government’s debt and deficit, but which arguably might push our struggling-to-recover national economy back into a recession; they set a deadline for themselves to act a year and a half ago; then they did nothing, waiting until after the national election to bother to talk about it among themselves so the nasty details of our national fiscal crisis wouldn’t intrude on an otherwise uplifting discussion of the issues of the day; and the best they could come up with—even after the deadline had passed anyway—was a bill that raises marginal income tax rates for some well-to-do folks but not for most of us and kicks the budget cuts can down the road again?! So it’ll have to be taken up at the same time as another increase to the debt ceiling—what could possibly go wrong?!?!

It’s a plan that a majority of Republicans in the House voted against, even though—since the Bush-era tax cuts had just expired at the end of 2012—they were, technically, voting against lowering the tax rate for the bottom 98% or so of Americans.  Because there weren’t enough spending cuts.  Or in this case, any.

Which Barack Obama were Republicans negotiating with—was it the same one that the Conservative Industrial Complex consistently criticizes for being too soft, too dumb to get a good deal for America?

I try to look on the bright side: at least they finally agreed on something, even if it was only that going over the fiscal cliff would be a bad thing. Hooray…take an honorable discharge out of petty cash. (Thanks, Hawkeye.)

(Heavy sigh.)