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Monthly Archives: October 2019
The Desperation of Elected Republicans
Yesterday saw a couple dozen House Republicans, including their second in command, follow Matt Gaetz (and yes, that’s his mug shot) into the secure SCIF room in violation of all sorts of security protocols.
We can joke around about it, and normally there would be funny things to say, but this is a new low, even for the GOP. SCIFs exist to protect highly classified information, and in general, Republicans know this. But they are so desperate to disrupt the Impeachment Inquiry, that they seemed to have no other choice.
Let’s review: Matt and friends met with the Orange Menace on Monday and he approved this childish prank (albeit with potentially dire results once they brought their potentially compromised cell phones into the SCIF and started filming) because not one of them can answer to the actual facts in the case.
Impeachment
There is and has been a lot in the media about impeachment. A good part of the sound and fury signifying nothing comes from the constitutional text referring to “high crimes and misdemeanors.” And part of that misunderstanding comes from using modern criminal justice terms to define an eighteenth century text.
Today, the general distinction between felonies and misdemeanors is based on the potential sentence — over one year for felonies and less than one year for misdemeanors (although some states draw different lines since each state is free under the Tenth Amendment to define those terms as they see fit). But that one-year line tends to be used in federal enhancement statutes (those that increase the minimum or maximum sentence based on prior criminal history) to define what counts as a felony offense. And there are a lot of “white collar” criminal offenses.
Originally, however, the distinction between a felony and a misdemeanor was whether the offense was a capital offense carrying the death penalty and confiscation of all of the offender’s property (a felony) or an offense for which an alternative disposition was made (misdemeanor). Out of twenty-two federal offenses created in the Crimes Act of 1790, seven carried the death penalty (in most cases a mandatory death penalty). As such, the reference to high crimes and misdemeanors was really a broad statement of potential grounds for impeachment as it was highly unlikely that a public official would be guilty of a crime meriting the death penalty.
Posted in Impeachment
Tagged Abuse of Power, Alexander Hamilton, Campaign Finance Violations, Domestic Emolument Clause, Foreign Emolument Clause, Obstruction of Justice, The Federalist Papers
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Today’s Voter Engagement Story
I spend a lot of time engaging strangers to the end of getting them to the polls, and hopefully voting for the candidate of my choice. But this was different. In fact, this is the first time in my life that a Republican reached out to me about something like this.
A few days ago, I received a message from someone that I took a course with about 20 years ago. We hadn’t really kept up, but we “see” each other occasionally on Facebook. He said he knew I knew a lot about voter registration, and wanted to know if I knew anything about politics. His issue involved a murdered 7 year old girl, and potential legislation that could protect other kids in the same situation.
If you know me at all, you know I’m all in on something like this.
Posted in Disaster, Donald Trump, GOP, Impeachment, Syria, War
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Louisiana Elections
The off-year general elections kicked off yesterday with the “jungle primary” in Louisiana. Louisiana’s jungle primary is similar to, but not quite the same as, the “top two” primaries that California and Washington use. Like the top two primary, a jungle primary is “semi-partisan.” By semi-partisan, I mean that, like a non-partisan election, all candidates run in the same election regardless of party but, unlike the typical non-partisan election, candidates are identified by their designated party. Thus, you could have three Democrats, four Republicans, a Libertarian, a Green, and an independent on the ballot. A jungle primary differs from a top two primary in that a jungle primary is actually a general election with the possibility of a run-off rather than a true primary. In other words, in a true top two primary, the top two candidates advance to the general election even if one of the candidates gets a majority of the vote in the primary. In a jungle primary, if one candidate gets a majority of the vote, that candidate is elected.
Thanks, in part, to the scandals surrounding former Senator David Vitter, Louisiana has a Democratic governor. And Governor Edwards has done a decent job of threading the needle in a red state. (Of course, threading the needle in a red state means conceding certain issues that you can’t win in order to win on some issues even though such concessions may aggravate those who believe in purity and attack any person who deviates as a DINO.) Heading into yesterday’s election, the two questions was whether Governor Edwards could reach 50% and which Republican would take second (a more traditional Republican legislator or a self-funding Trumpish candidate). With the unofficial results in, Governor Edwards fell just short of 50% getting 47% of he vote, and Eddie Risponse (the self-funding candidate) eked out second place by a 27% to 24% margin. So there will be a run-off for governor in mid-November. The real issue for the run-off is how much the national parties will put into the race. For Risponse to win, he needs to absolutely unify those who voted for the three Republican candidates (the third Republican got less than one percent of the vote). While the Republicans would like to win this race given how red Louisiana is, it will have little impact going forward. After the first round of voting, the Republicans are guaranteed to win at least 26 of the state senate races (out of 39) and at least 63 of the 105 state house races. And, even if Democrats can get enough seats in the state house to block a veto override, there is very little chance that there will be any significant impact on congressional district lines in 2021 given the geography of Louisiana and the Voting Rights Act.
It would probably benefit the Democrats if the Republicans did put money into Louisiana. There are two other governor’s races in November — Kentucky and Mississippi. While both states are red, the Democrats do have chances in both. Mississippi may be a step too far given Mississippi’s Jim Crow era law that requires a candidate to win not only the state-wide popular vote but also win the popular vote in the majority of the state house districts. So even if the Democrat manages to win the popular vote, the election would probably go to the state legislature barring a landslide win. In both states, it is unlikely that Democrats will win the state legislatures and, in any case, it is hard seeing how the congressional district lines in either state could be substantially altered in a way that would create a significant chance of electing a second Democrat to congress in either state (although in a wave year, there is the possibility of that happening in Kentucky) as the least Republican district currently held by Republicans in both states is more Republican than the sole Democratic district is Democrat. In other words, there are not enough extra Democrats in the Democratic district to swing a single Republican seats even if the two districts adjoined.
Posted in Elections
Tagged Kentucky, Louisiana, Mississippi, New Jersey, Virginia
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Sunday with the Senators: Moscow Mitch’s Calculus
You may have wondered why Moscow Mitch allowed for a vote to release the whistle blower complaint, and then publicly announced that if the House voted to impeach, the Senate would hold a trial according to established rules. For starters, he’s underwater, with an average -23 favorability. That’s right — that’s average, the latest polling shows him at -24, or 30 favorable/54 unfavorable. He’s got a real challenge running next year against Amy McGrath. There’s no public polling yet, but she’s a strong candidate, and while she lost her last Kentucky race, that gives her the experience necessary to overcome any errors, and let’s face it, while 2018 was a wave, there’s a chance 2020 may be a tsunami. In addition, she raised close to $11 million in Q3, more than most 2020 presidential candidates. Moscow’s numbers for Q3 aren’t out yet, but he had about $7 million CoH at the end of Q2, so she might have bested him.
Mitch didn’t get where he is without being able to read polls, and the constant uptick in voters favoring impeachment has got to be giving him the willies. While there is a dearth of state-by-state numbers, the numbers in favor of the inquiry rise daily, including among Republicans, Evangelicals and white men without college degrees — and that’s not just the Orange Menace’s base, it’s Mitch’s too.
Jeff Flake has said that if there were an impeachment vote in the Senate that was secret, 30 – 35 Republicans would vote to oust General Bone Spurs. But secret isn’t going to cut it, and Moscow Mitch knows that. Thus, he’s keeping his options open. Because his calculus is whether he can, first, keep his seat, and second, hold the Senate in 2020. And those are his only concerns. (No, sorry, folks, he doesn’t actually care about law or history.)
Posted in Senate, Sunday with the Senators
Tagged Mitch McConnell, MoscowMitch
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Running Government Like a Business
Conservatives often put out the mantra that we need to run government like a business. The problem with that concept is that there are many different business models. What it takes for a business to be successful depends to a large degree on the products that the business made and the structure of that business. For the past several years, we have seen what happens when the government is run like the Trump Organization, and it has not been pretty.
The business model of the Trump Organization had several major features. First, and most importantly, it is a privately held organization in which Donald Trump is the primary owner. In short, the Trump Organization was for over forty years the alter ego of Donald Trump. He had complete control and did not answer to anybody. Second, in the commercial real estate business, debt is not a bad thing. It is not unusual for the purchase of a building to be financed with large loans (i.e. mortgages) that are refinanced when they come due (with very little payments made toward the principal and the debt only fully paid off when the building is sold). Third, and pretty much unique to the Trump Organization, the far-flung nature of the holdings meant that the business rarely worked with other companies — beyond its bankers — on repeat occasions. This lack of an on-going relationship with local contractors meant that Trump was able to break deals with the companies that he hired to work on his properties without having to worry about the need to make future deals with the same contractors.
Over the past several months, we have seen Trump repeatedly return to his practices from his time as a high risk real estate developer. He has treated the U.S. government as if he were the sole owner making decisions for his personal benefit rather than the good of the country. In particular, he has used his power to make the U.S. government and foreign governments deal with the Trump Organization — rerouting government flights so that U.S. personnel have to stay at Trump properties while staying overseas and he has proposed holding international summits at Trump properties.
Posted in Donald Trump, GOP, Rant
Tagged Climate Change, Deficits, Impeachment, Kurds, Trump Organization, Trump Self-dealing, Ukraine
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Health & Age in the 2020 Election
For a long time, there has been an expectation that Presidential candidates will release their health information. Being president is a highly stressful job, and a president who is not fully competent has the tools to do a lot of damage to the country and the world. As such, there is an expectation among voters that candidates will release health information. Of course, as with every other expectation, President Trump made a farce of this expectation by releasing medical summaries that were not particularly credible to any neutral observer, but there was so much that was wrong with the Trump campaign in 2016 and the mainstream media tries to avoid the appearance of taking a side that the lack of a real report on Trump’s physical and mental health was only a semi-big deal even on MSNBC.
This week, we had a bit of a health scare with Senator Bernie Sanders. From every report, Senator Sanders is recovering from his surgery and should be able to resume his campaign. However, this medical emergency does bring back into sharp focus an underlying issue in the nomination process. President Trump and the top three candidates for the Democratic nomination (according to the polls) are all in their seventies. And that means that issues of age and health will be in the background of this campaign. Unfortunately, a healthy discussion of health is not likely. But there are several things that should be on the table.
First, heart disease is a serious problem in this country impacting people of all ages. A heart attack or a stroke can occur at any age. I have known people who have died from a heart attack in their forties and fifties, and I have known people who have survived a heart attack in their seventies and eighties and have returned to a mostly fully functional life. While people have become more health conscious in the past several decades, there are a lot of dietary and other factors that contribute to heart disease being one of the top causes of death in the U.S.
Posted in Presidential Candidates
Tagged Bernie Sanders, Donald Trump, Elizabeth Warren, Health, Joe Biden, Mental Competence
2 Comments