Archives for the month of: September, 2022

Lindsay Owens and David Dayen note that some of the most outspoken critics of Biden’s decision to forgive up to $20,000 in student debt are Obama-era economists. Republicans have called it “socialism” and worse, but some Democratic economists are also upset. Owens and Dayen attribute their anger to the failure of Obama’s policy to solve the home foreclosure crisis.

They write:

President Biden’s long-awaited decision to wipe out up to $20,000 in student debt was met with joy and relief by millions of borrowers, and a temper tantrum from centrist economists.null

Moments after the announcement, former Council of Economic Advisers Chair Jason Furman took to Twitter with a dozen tweets skewering the proposal as “reckless,” “pouring … gasoline on the inflationary fire,” and an example of executive branch overreach (“Even if technically legal I don’t like this amount of unilateral Presidential power.”). Brookings economist Melissa Kearny called the proposal “astonishingly bad policy” and puzzled over whether economists inside the administration were “all hanging their heads in defeat.” Ben Ritz, the head of a centrist think tank, went so far as to call for the staff who worked on the proposal to be fired after the midterms.

Histrionics are nothing new on Twitter, but it’s worth examining why this proposal has evoked such strong reactions. Elizabeth Popp Berman has argued in the Prospect that student loan forgiveness is a threat to the economic style of reasoning that dominates Washington policy circles. That’s correct. But President Biden’s elegant and forceful approach to tackling the student loan crisis also may feel like a personal rebuke to those who once worked alongside President Obama as he utterly failed to solve the debt crisis he inherited.

Let’s be very clear: The Obama administration’s bungled policy to help underwater borrowers and to stem the tide of devastating foreclosures, carried out by many of the same people carping about Biden’s student loan cancellation, led directly to nearly ten million families losing their homes. This failure of debt relief was immoral and catastrophic, both for the lives of those involved and for the principle of taking bold government action to protect the public. It set the Democratic Party back years. And those throwing a fit about Biden’s debt relief plan now are doing so because it exposes the disaster they precipitated on the American people.

One reason the Obama administration failed to swiftly help homeowners was their obsession with ensuring their policies didn’t help the “wrong” type of debtor.

President Obama campaigned on an aggressive platform to prevent foreclosures. Larry Summers, one of the critics of Biden’s student debt relief, promised during the Obama transition in a letter to Congress that the administration “will commit substantial resources of $50-100B to a sweeping effort to address the foreclosure crisis.” The plan had two parts: “helping to reduce mortgage payments for economically stressed but responsible homeowners,” and “reforming our bankruptcy laws” by allowing judges in bankruptcy proceedings to write down mortgage principal and interest, a policy known as “cramdown.”

The administration accomplished neither. On cramdown, the administration didn’t fight to get the House-passed proposal over the finish line in the Senate. Credible accounts point to the Treasury Department and even Summers himself (who just last week said his preferred method of dealing with student debt was to allow it to be discharged in bankruptcy) lobbying to undermine its passage. Summers “was really dismissive as to the utility of it,” Rep. Zoe Lofgren (D-CA) said at the time. “He was not supportive of this.”

Summers and Treasury economists expressed more concern for financially fragile banks than homeowners facing foreclosure, while also openly worrying that some borrowers would “take advantage” of cramdown to get undeserved relief. This is also a preoccupation of economist anger at student debt relief: that it’s inefficient and untargeted and will go to the “wrong” people who don’t need it. (It won’t.)

For mortgage modification, President Obama’s Federal Housing Finance Agency repeatedly refused to use its administrative authority to write down the principal of loans in its portfolio at mortgage giants Fannie Mae and Freddie Mac—the simplest and fastest tool at its disposal. Despite a 2013 Congressional Budget Office study that showed how modest principal reduction could help 1.2 million homeowners, prevent tens of thousands of defaults, and save Fannie and Freddie billions, FHFA repeatedly refused to move forward with principal reduction, citing their own efforts to study whether the policy would incentivize strategic default (the idea that financially solvent homeowners would default on their loans to try and access cheaper ones).

Virtually everyone involved with the housing system was stunned that the options of cramdown and principal reduction weren’t taken. Banks literally held meetings in expectation of Obama’s team requiring writedowns, until they didn’t.

Instead, the Obama administration rolled out the industry-backed Home Affordable Modification Program (HAMP), relying on the voluntary cooperation of servicers to modify mortgages. The program was, even by the administration’s own modest objectives, a failure, ultimately reaching less than a quarter of the three to four million homeowners it hoped to target. In the critical first two years, the administration did not even spend 3 percent of what they were allotted to save homeowners.

Just as with cramdown, one reason the Obama administration failed to swiftly help homeowners was their obsession with ensuring their policies didn’t help the “wrong” type of debtor. When Obama first announced HAMP in 2009, he said the program would “not reward folks who bought homes they knew from the beginning they would never afford.” The resulting “Goldilocks” proposal, with its focus on weeding out undeserving borrowers, would not be available to homeowners with incomes too high or too low and would be backstopped with voluminous income and financial verifications (in many cases, more than what was required to take out the loan in the first place). Treasury also tweaked the program numerous times as they went along, confusing servicers and borrowers. The barrage of paperwork ground the program to a halt at many servicers, and ultimately nearly a quarter of modifications were rejected on the grounds that incomplete paperwork was provided.

But it was much worse than that. The mortgage servicers used HAMP like a predatory lending program, squeezing homeowners for as many payments as possible before canceling their modifications and kicking them out of their homes. These companies had financial incentives to foreclose rather than modify loans. In one particularly excruciating example, the servicer arm of Bank of America offered its employees Target gift cards as a bonus for placing borrowers into foreclosure.

This was also by design, or at least benign neglect. Then–Treasury Secretary Timothy Geithner candidly told officials that the program was intended to help banks, not borrowers. The purpose was to “foam the runway” for the banks, Geithner said, with homeowners and their families being the foam crushed by a jumbo jet in that scenario. If the goal was just to let the banks use HAMP for their own benefit, it’s not surprising that would come at homeowners’ expense.

And those banks executed their plan fraudulently, using millions of forged and fabricated documents to illegally foreclose on people. Even with this new leverage against the banks, the administration failed to provide equitable relief. A new program, the National Mortgage Settlement, promised one million principal reductions but delivered only 83,000. Meanwhile, millions more unlawful foreclosures ensued, and no high-level executive was convicted in association with any of these crimes.

In short, the policy apparatus ultimately failed to assist the majority of people who sought help, a suboptimal policy outcome by any metric. Student debt relief skeptics like Furman spent the Obama years advocating for privatizing Fannie and Freddie, rather than apologizing for falling so short on dealing with the massive debt overhang, which stunted the economic recovery.

President Biden’s approach has been markedly different and, if well implemented, is poised to be extremely effective. The simplicity of the program design, with its straightforward cancellation thresholds ($10,000/$20,000) and eligibility criteria (Pell status and household income), means the policy should deliver nearly 90 percent of its relief dollars to those making less than $75,000 a year. Will some small amount of relief dollars land in the bank accounts of borrowers who will make higher incomes in the future? Absolutely. Is preventing that outcome more important than delivering relief to 43 million borrowers? Of course not.

It’s not just the policy design that is a rebuke to the old guard’s theory of debt relief; it’s also the rhetoric. Notably, in his 20-minute speech announcing the rollout of the student loan relief program, President Biden didn’t mention “bad debtors” once. He didn’t spend a single breath on the individual failings of borrowers, make any reference to their poor decision-making, or nod to a handful of unscrupulous debtors trying to game the system.

Instead, he talked about the failings of our higher-education system, in which “an entire generation is now saddled with unsustainable debt.” Instead of blaming borrowers, he showed them empathy. Instead of talking about borrowers taking advantage of the system, he vowed to hold “colleges accountable for jacking up costs without delivering value to students” and crack down on “schools luring students with the promise of big paychecks when they graduate only to watch these students be ripped off and left with mountains of debt.” And he headed concerns about moral hazard off at the pass, vowing to “never apologize for helping the working and middle class.”

Moreover, Biden wasn’t afraid to use all of the tools available to him to get results for indebted borrowers. The Obama administration was given funding from Congress, an explicit mandate for foreclosure prevention, and at the end, a settlement with the banks that authorized even more money. They still failed, because they were more interested in deluded notions of “personal responsibility” than acting to avert disaster.

Biden has flipped the Beltway consensus on policy design around debt forgiveness and modeled a path for viewing student debt as a national crisis, rather than an individual failing. It’s a stunning reversal of the Obama-era consensus and one that casts that failed legacy of mortgage debt relief in an even darker light. Biden has shown us there was an easier, softer way all along.

Donald Trump may be the most litigious person in the United States. On March 24, 2022, Trump filed a lawsuit against Hillary Clinton and various Democratic Party leaders for engaging in a conspiracy against him in 2016. The federal judge tossed the case out yesterday.

Believe me, this is a fun read. The judge is frankly mystified by the legal reasoning and the lack of evidence.

Here is the beginning:

I. BACKGROUND
Plaintiff initiated this lawsuit on March 24, 2022, alleging that “the Defendants, blinded by political ambition, orchestrated a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hopes of destroying his life, his political career and rigging the 2016 Presidential Election in favor of Hillary Clinton.” (DE 177, Am. Compl. ¶ 9). On this general premise, Plaintiff brings a claim for violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), predicated on the theft of trade secrets,

Case 2:22-cv-14102-DMM Document 267 Entered on FLSD Docket 09/08/2022 Page 2 of 65
obstruction of justice, and wire fraud (Count I). He additionally brings claims for: injurious falsehood (Count III); malicious prosecution (Count V); violations of the Computer Fraud and Abuse Act (“CFAA”) (Count VII); theft of trade secrets under the Defend Trade Secrets Act of 2016 (“DTSA”) (Count VIII); and violations of the Stored Communications Act (“SCA”) (Count IX). The Amended Complaint also contains counts for various conspiracy charges and theories of agency and vicarious liability. (Counts II, IV, VI, and X–XVI).
Plaintiff’s theory of this case, set forth over 527 paragraphs in the first 118 pages of the Amended Complaint, is difficult to summarize in a concise and cohesive manner. It was certainly not presented that way. Nevertheless, I will attempt to distill it here.
The short version: Plaintiff alleges that the Defendants “[a]cting in concert . . . maliciously conspired to weave a false narrative that their Republican opponent, Donald J. Trump, was colluding with a hostile foreign sovereignty.” (Am. Compl. ¶ 1). The Defendants effectuated this alleged conspiracy through two core efforts. “[O]n one front, Perkins Coie partner Mark Elias led an effort to produce spurious ‘opposition research’ claiming to reveal illicit ties between the Trump campaign and Russian operatives.” (Id. ¶ 3). To that end, Defendant Hillary Clinton and her campaign, the Democratic National Committee, and lawyers for the Campaign and the Committee allegedly hired Defendant Fusion GPS to fabricate the Steele Dossier. (Id. ¶ 4). “[O]n a separate front, Perkins Coie partner Michael Sussman headed a campaign to develop misleading evidence of a bogus ‘back channel’ connection between e-mail servers at Trump Tower and a Russian- owned bank.” (Id.). Clinton and her operatives allegedly hired Defendant Rodney Joffe to exploit his access to Domain Name Systems (“DNS”) data, via Defendant Neustar, to investigate and ultimately manufacture a suspicious pattern of activity between Trump-related servers and a Russian bank with ties to Vladimir Putin, Alfa Bank. (Id. ¶ 3). As a result of this “fraudulent
2

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evidence,” the Federal Bureau of Investigations (“FBI”) commenced “several large-scale investigations,” which were “prolonged and exacerbated by the presence of a small faction of Clinton loyalists who were well-positioned within the Department of Justice”—Defendants James Comey, Andrew McCabe, Peter Strzok, Lisa Page, Kevin Clinesmith, and Bruce Ohr. (Id. ¶ 7). And while this was ongoing, the Defendants allegedly “seized on the opportunity to publicly malign Donald J. Trump by instigating a full-blown media frenzy.” (Id. ¶ 6). As a result of this “multi-pronged attack,” Plaintiff claims to have amassed $24 million in damages.1 (Id. ¶ 527).
Defendants now move to dismiss the Amended Complaint as “a series of disconnected political disputes that Plaintiff has alchemized into a sweeping conspiracy among the many individuals Plaintiff believes to have aggrieved him.” (DE 226 at 1). They argue that dismissal is warranted because Plaintiff’s claims are both “hopelessly stale”—that is, foreclosed by the applicable statutes of limitations—and because they fail on the merits “in multiple independent respects.” (Id. at 2). As they view it, “[w]hatever the utilities of [the Amended Complaint] as a fundraising tool, a press release, or a list of political grievances, it has no merit as a lawsuit.” (Id.). I agree. In the discussion that follows, I first address the Amended Complaint’s structural deficiencies. I then turn to subject matter jurisdiction and the personal jurisdiction arguments raised by certain Defendants. Finally, I assess the sufficiency of the allegations as to each of the substantive counts.

Regular readers of this blog are familiar with the meticulous research of Tom Ultican. Tom was a teacher of advanced math and science in the schools of San Diego. He is now a chronicler of the Destroy Public Education movement. This is a sad chapter in that story. It is the story of Stockton, California, which was burdened with heavy administrative expenses during the superintendency of John Deasy.

He begins:

The infamous John Deasy resigned his post as Superintendent of Stockton Unified School District (SUSD) on June 15th, 2020. That made his tenure two weeks more than two years which further exacerbated the longtime administrative instability at SUSD. He apparently steered the district budgets toward deficit spending and left a decimated finance department in his wake while other administrative positions multiplied. Concurrent with his two years in Stockton, money and leaders from organizations bent on privatizing public education were bolstered and became more active.

Stockton is an interesting place with vibrant political activity. The 209Times a Facebook based news outlet claims over 200,000 readers. It is not a slick publication but it does seem effective. 209 is the Stockton telephone prefix. Another internet based news outlet Recordnet.com is often an adversary of the 209Times...

Stockton is a city of 315,000 people and one of America’s most diverse communities. The demographic makeup is 42.1% Hispanic, 21.6% Asian, 20.8% White and 11.8 % Black. It has a 20% poverty rate and a stunning 82% of its K-12 students come from families in poverty. SUSD enrolls around 34,000 students into its 54 schools. Charter schools enroll close to 6,000 students.

With high poverty rates, Stockton has naturally underperformed on standardized testing which is significantly more correlated with family wealth than anything else. Linda Darling-Hammond pegs that correlation at 0.9 which is an almost certainty. The education writer Alfie Kohn suggested we could replace standardized testing by asking students just one question, “How much money does your mom make?” (Kohn page 77)

Between the times John Deasy was hired until he resigned the full time staff at SUSD increased by more than 500 people. In terms of money, that represented a $9 million increase in yearly spending on salaries. During this same period, attendance declined by more than 1,300 students. That represented about a $9 million dollar loss in revenue from the state. SUSD had an $18 million dollar negative structural budget change.

SUSD board of trustees contracted with the Fiscal Crisis Management Assist Team (FCMAT) to review their financial situation and processes. The executive summary of the January 2022 report noted,

“At the time of FCMAT’s fieldwork, there had been significant employee turnover and the elimination of some management positions in the Business Services Department. Key budget management personnel had been in their positions for only a brief time; therefore, there was a lack of historical institutional knowledge about the district’s 2021-22 budget development and 2020-21 financial closing processes.”

In other words, despite all of the hiring Deasy left the financial department in chaos. The FCMAT study claimed that SUSD was headed for serious financial difficulties when the one time spending from the federal government is gone in fiscal year 2024-25. Currently they say the district is spending one time funding on $26.3 million in salaries, benefits and services that appear essential.

In come the privatizers, ready to take advantage of a messy situation.

Since President Biden announced a program to forgive $10,000-20,000 in student loan debt, new attention has been paid to the Trump administration’s Paycheck Protection Program. PPP doled out billions of dollars to businesses of all kinds, many of which didn’t need the money but took it anyway. Free money.

Among those that collected significant sums were religious schools, private schools (some of which had multi-million dollar endowments), and charter schools.

Regular public schools had a separate stream of money to help them survive COVID-19, but they were not allowed to apply for PPP money, which was only for private businesses and nonprofit.

Charter schools were allowed to double dip. Betsy DeVos was Secretary of Education, after all. So charter schools qualified for public school funding and for PPP.

Carol Burris wrote a brief summary:

More than 1,100 charter schools (about 1 in 7) received PPP loans and had those loans forgiven, according to an investigation by Craig Harris of U.S.A. today. Whether they ever needed the money is questionable since 93% of them were located in states that funded them at the same or higher levels than before Covid 19.

Charter schools, in total, received more than 1 billion dollars in PPP funding. Kipp alone got $28 million even though, according to Harris, they had $78 million in assets.

For-profit charter chains also collected PPP funds and public school funds, although they lost no funding.

ProPublica published a database of every organization that received a PPP loan. Go to the website and type in “charter school,” “Catholic school” or “private school,” “religious organization” and you will see the Trump administration’s extraordinary generosity. Check your own zip code. You will be stunned by the big giveaway to private and religious schools, even televangelists.

Texas Lieutenant Governor Dan Patrick, once known as the Rush Limbaugh of Texas, has organized a group of pastors to push for school vouchers, in opposition to the dynamic Pastors for Texas Children, which has staunchly supported public schools.

Our friends, PTC, have helped to build a bipartisan coalition of urban Democrats and rural Republicans who don’t want their community schools defunded.

The Dallas Morning News reported:

Conservative Texas pastors and lawmakers have their eyes set on school vouchers to fight the “miseducation” of students ahead of the November elections and the upcoming legislative session.

“After COVID and after [critical race theory] and after pornographic books in libraries, parents deserve choices,” Lt. Gov. Dan Patrick said during a call with about 50 Texas pastors Tuesday.

Patrick was joined by Rev. Dave Welch, founder and executive director of the Texas Pastor Council; Allan Parker, president of The Justice Foundation and former U.S. Education Secretary Rod Paige on the call that lamented the “crisis” facing K-12 education.

“We are educationally in a crisis of change,” Paige said. “The pandemic has changed the area of education in the United States of America. My suggestion would be that [Gov. Greg Abbott] assemble a good group of good thinkers and think about where we go from here.”

Amid the ongoing education culture wars over what’s taught in schools and students falling behind academically after pandemic disruptions, many families want more options and some believe the landscape is ripe for a renewed fight for vouchers or similar efforts that funnel taxpayer money for use on private school education.

You may recall Rod Paige as President George W. Bush’s first Secretary of Education. He called the NEA “terrorists.”

I am grateful for PTC, who have fought for adequate funding for the five million students in Texas public schools and stood strong against vouchers.

The Brooklyn Public Library provided a great public service when it offered free access to books that have been banned by states and school districts, either online or in audio form.

Unfortunately, an Oklahoma high school teacher who shared the code to the Brooklyn Public Library’s open access program was promptly punished.

Vice reported:

Summer Boismier was removed from the classroom after the first day of school last month, when she covered her bookshelves with butcher paper and posted the QR code on the covering. Oklahoma, like many Republican-controlled states, passed a law last year banning the teaching of “critical race theory” in public school classrooms. 

Boismier, who is currently a doctoral student at the University of Oklahoma, was offered her job back but ultimately chose to resign. Boismier told VICE News that there were “some fundamental ideological differences” between herself and the district, and that the new Oklahoma law “created an impossible working environment for teachers and a devastating learning environment for students.” 

Boismier did tell VICE News, however, that she planned to keep teaching. But on Wednesday, Oklahoma Education Secretary Ryan Walters—an official in Gov. Kevin Stitt’s cabinet, who’s likely to become the state’s next superintendent of schools after the November midterms—called for the Oklahoma State Board of Education to revoke Boismier’s teaching license. 

“There is no place for a teacher with a liberal political agenda in the classroom,” Walters said in a letter directed to the state Board of Education. “Ms. Boismier’s providing access to banned and pornographic material to students is unacceptable and we must ensure she doesn’t go to another district and do the same thing.” 

“Teachers are one of our state’s greatest assets and it is unfortunate that one of them has caused such harm and shame for the entire profession,” Walters said. 

Republicans have frequently claimed the books they’re banning are “pornographic” in nature, though the nonprofit Oklahoma news outlet The Frontier reported earlier this year that the dozens of books being investigated by the Oklahoma Attorney General’s office include “Of Mice and Men” and “Lord of the Flies,” as well as books that explore topics of sexual and gender identity and racism.

But in an interview last week, Boismier said that “parents are being manipulated” by Oklahoma Republicans. “I’ve been called an indoctrinator, a woke leftist, a groomer, a pedophile, all within the last several months,” she told VICE News. 

“They don’t want these conversations happening,” Boismier said of Republicans seeking to ban books. “They don’t want critical thinkers, they want American exceptionalism and this whitewashed version of history that does not require them to interrogate their own privilege.”

“That’s dangerous when you’re the one in charge.”

Understand that what legislators call Critical Race Theory has nothing to do with the graduate courses taught in law school. They have no idea what CRT really is. What they mean by CRT is any teaching about racism, past or present. Presumably, everyone will be happier and more unified if we pretend that things like slavery, lynching, segregation, and other racist practices happened in the past and that there are structural aspects to racism today (read Richard Rothstein’s “The Color of Law” to learn more). Similarly issues about gender identity will simply fade away if we pretend they don’t exist.

This is what happens when ignorant and bigoted people are elected to positions of authority.

John Thompson, historian and retired teacher in Oklahoma, reviews Dana Milbank’s new book about the crackup of the Republican Party. As I have often said, Milbank is my favorite columnist in the Washington Post.

Thompson writes:

Dana Milbank’s The Destructionists: The Twenty-Five-Year Crack-Up of the Republican Party is based on his quarter of a century of political reporting. From 1992 to the present the Republicans won the popular vote only once. There were calls for diversity in their party in order to reach more voters, but it went in the opposite direction. In the 1990s, the false and polarizing propaganda of Rush Limbaugh, G. Gordon Liddy, Sean Hannity, and Fox News took off, as Newt Gingrich became the key political driver of an ideology that would dismantle legislative norms and institutions.

This piece only has room for a brief overview of the 90s. I assume that readers will see and will be shocked by the cruelty and lies of that decade, and how they foreshadow today’s assaults on democracy.

Milbank starts with the suicide of the Clintons’ aide, Vince Foster. Rush Limbaugh, who called the 13-year-old Chelsea Clinton “the White House dog,” claimed, “Foster was murdered in an apartment owned by Hillary Clinton.”

The prime donor of Gingrich’s political training organization, the Global Organization of Parliamentarians Against Corruption (GOPAC) was Mellon Scaife. Scaife then joined with Christopher Ruddy, who would become Donald Trump’s friend and informal advisor, to found Newsmax. They said Vince Foster’s death showed that Bill Clinton “can order people done away with … God there must be 60 people who have died mysteriously.” (By the way, such words didn’t keep Oklahoma Governor Frank Keating or Congressman J.C. Watts from helping to lead GOPAC.)

Brett Kavanaugh, who assisted in Ken Starr’s investigations of Bill Clinton and helped draft the Starr Report, knew as early as 1995 that “I am satisfied that Foster was sufficiently discouraged or depressed to commit suicide.” But he spent two years investigating, thus legitimizing, what Milbank called “all of the ludicrous claims.” In Kavanaugh’s files, that were released two decades later, were 195 pages of articles by Ruddy and Limbaugh’s transcript on the case.

Milbank writes that once Gingrich became Speaker of House in 1995, he “threw the weight of the speakership behind the Foster conspiracy theory.” That year, Ruddy, Scaife and Newsmax, would spread the lies further.

(By 2016, Rep. Pete Olson said that Bill Clinton admitted to A.G. Loretta Lynch that “we killed Vince Foster.” And Trump said the charges that Foster was murdered are “very serious.” And Milbank concluded that Justice Kavanaugh was not the most ideological of the Supreme Court’s majority, but he was the most political.)

Milbank explains how rightwingers encouraged violence. After the Waco tragedy of 1993, G. Gordon Liddy said of the ATF agents, “Kill the son-of-a-bitches.” Sen. Jesse Helms said “Mr. Clinton better watch his guard if he comes down here (North Carolina). He’d better have a bodyguard.”

Moreover, even though the Fish and Wildlife Department didn’t have helicopters, Rep. Helen Chenoweth said they were “sending armed agency officials and helicopters” to enforce regulations and “if they didn’t stop, I will be their “worst nightmare.”

In 1995, the Oklahoma City bombing of the Murrah Building killed 168 people; Timothy McVeigh said his terrorist act was designed “to put a check on government abuse of power.” But some rightwingers claimed the bombing “was really a botched plot” by the FBI.

Also, Limbaugh asserted, “President Clinton’s ties to the domestic terrorism of Oklahoma City are tangible.” And Gingrich responded by defending the “genuine fears” of rural America regarding the federal government, and doubled down on repealing of the assault weapons ban.

Milbank goes into detail recounting how Gingrich “changed forever the language of politics.” Gingrich quoted Mao saying, “Politics is war without blood.” And he repeatedly made charges such as the Democrats “‘trash’ America, indict the president and give the benefit of every doubt to Marxist regimes.”

In 1977, a year before Gingrich was first elected, Milbank reports that a Gallup poll found that 40% of Americans had “a great deal” or “quite a lot” of confidence in Congress. After 15 years of his “relentless” attacks, that number was down to 18%. Gingrich then undermined congressional norms that encouraged compromise and constructive actions. During his legislative career, committee and sub-committee meetings dropped by nearly half. By 2017, they had dropped by almost 75%. The ability of Presidents to get laws passed was also undermined. Presidents’ legislative victories dropped from 73% of the agenda under Nixon. At the beginning of the Clinton term, he had a victory rate of 87% but by 2016, President Obama’s rate was 13%.

Another pivotal change occurred after the 1996 defeat of Bob Dole. Republican aide Margaret Tutwiler said, “We’re going to have to take on [board] the religious nuts.” A couple of decades later, White evangelicals were only 15% of the US population but about 40% of Trump’s voters.

And with the arrival of Karl Rove’s anti-gay “whisper campaign” against George W. Bush’s opponent, Ann Richards, personal attacks escalated dramatically. Another example of campaign lies was the attack on Sen. John McCain’s mental stability, and the claim he had “fathered an illegitimate black child.” Actually McCain had adopted a daughter from a Bangladesh orphanage.

Although I had been horrified by the behaviors of the rightwing, Milbank’s details provided me a much better understanding of how the views I’ve held allowed me to remain excessively optimistic. I used to believe that it was deindustrialization and the loss of economic opportunity (accelerated by Reagan’s job-killing Supply Side economics) that mostly fed the racism which propelled Trump into the White House. Now I’m convinced by Milbank’s evidence that it was racism – not economics – that spurred Trumpism.

Also, I had misremembered Mitch McConnell’s record in the 1990s. In 1993, McConnell joined Strom Thurmond and Jesse Helms in defending the Confederate flag on the Senate floor, saying, “My roots … run deep in the Southern part of the country.” And he stood before a huge Confederate flag at a meeting of the Sons of Confederate Veterans.

In 1997, McConnell said in a fundraising letter, “Help to protect our country from a potentially devastating nuclear attack.” And he alleged, Clinton’s White House was “sold for ILLEGAL FOREIGN CASH”

I’m assuming that readers of this blog will quickly understand how the Alt Facts spread by politicians like Gingrich are linked to today’s crises. By 2018, only 16% of Republicans trusted the media over Trump. In 2020, people who said they were “very happy” dropped to 14% compared to the previous low of 29%.

Two years later, the attempted kidnapping of Gov. Gretchen Whitmer showed how the worsening rhetoric was putting people in danger. In 2019, hate crimes increased by 30%, and over 18 months in 2020 and 2021, the FBI nearly tripled its domestic terrorism caseload. FBI director Christopher Wray said, “The violence in 2020 is unlike what we’ve seen in quite some time.” And who knows what the numbers are in the wake of Trump’s response to the subpoenaing of the Secret documents?

The 25-year rightwing siege and Trumpism has put our democracy at risk. Being from Oklahoma City, I’m increasingly worried about the chances of bloodshed. And I’m doubly concerned after reading The Destructionists.

In 1994, Vice President Al Gore explained, “The Republicans are determined to wreck Congress in order to control it – and then wreck a presidency in order to recapture it.” Now, Milbank concludes. “A quarter century after a truck bomb set by an antigovernment extremist … Republicans have lit a fuse on democracy itself.”

Late today, the Michigan Supreme Court ruled that voters would be able to vote on a referendum to protect abortion rights.

Supporters of reproduction rights gathered 750,000 signatures for the referendum, far more than was required. However, when the petition was presented to the Board of State Canvassers, the two Republicans on the board said the petition was invalid because of spacing between words. The two Democrats wanted the referendum to proceed.

The petitioners appealed to the Supreme Court, which ruled in favor of the referendum.

CNN REPORTED:

The Michigan Supreme Court ordered Thursday that a citizen-initiative ballot measure seeking to enshrine abortion rights in the state constitution be added to the November ballot.

The court’s 5-2 ruling was issued the day before Michigan’s ballot needs to be finalized on Friday.

The order directs the Board of State Canvassers to certify the Reproductive Freedom for All petition as sufficient and eligible for placement on the ballot. This comes after the board had deadlocked on a 2-2 party-line vote on whether to certify the ballot initiative last week, leading Reproductive Freedom for All to ask the Supreme Court to intervene.

Without the referendum, a 1931 law banning abortions in all cases except to save the life of the mother, would have gone into effect.

Republicans will do whatever they can to prevent popular votes on abortion, because most people support abortion rights, as the Kansas referendum showed. The conservative state overwhelmingly voted to keep abortion rights in the state constitution.

In the latest retrieval of government documents, the FBI found a lode of material marked “top secret” and highly classified, according to this article byinvestigative reporters Devlin Barrett and Carol D. Leonnig. The Office of National Intelligence is currently reviewing the documents to determine to what extent the nation’s security was damaged by the removal of these documents from their properly guarded locations.

A document describing a foreign government’s military defenses, including its nuclear capabilities, was found by FBI agents who searched former president Donald Trump’s Mar-a-Lago residence and private club last month, according to people familiar with the matter, underscoring concerns among U.S. intelligence officials about classified material stashed in the Florida property.

Some of the seized documents detail top-secret U.S. operations so closely guarded that many senior national security officials are kept in the dark about them. Only the president, some members of his Cabinet or a near-Cabinet-level official could authorize other government officials to know details of these special-access programs, according to people familiar with the search, who spoke on the condition of anonymity to describe sensitive details of an ongoing investigation.

Documents about such highly classified operations require special clearances on a need-to-know basis, not just top-secret clearance. Some special-access programs can have as few as a couple dozen government personnel authorized to know of an operation’s existence. Records that deal with such programs are kept under lock and key, almost always in a secure compartmented information facility, with a designated control officer to keep careful tabs on their location.

But such documents were stored at Mar-a-Lago, with uncertain security, more than 18 months after Trump left the White House.

After months of trying, according to government court filings, the FBI has recovered more than 300 classified documents from Mar-a-Lago this year: 184 in a set of 15 boxes sent to the National Archives and Records Administration in January, 38 more handed over by a Trump lawyer to investigators in June, and more than 100 additional documents unearthed in a court-approved search on Aug. 8.

Kevin Ward, a leader at the KIPP network of charter schools in D.C. killed himself after it was revealed that he stole $2.2 million from the schools’ account, allegedly to buy technology. He was also mayor of Hyattsville, Maryland. ,

A Maryland mayor who died by suicide this year had been accused of embezzling millions of dollars from one of the largest charter networks in the District, according to a complaint filed by federal prosecutors.

During his tenure as senior director of technology for KIPP DC, Kevin Ward used $2.2 million of school funds to purchase cars, a camper, sports memorabilia and property in West Virginia, prosecutors alleged in a civil forfeiture complaint filed Monday. Ward worked for the charter network from 2017 until at least July 2021, according to court records, two months after he was elected mayor of Hyattsville.

The payments, approved and arranged by Ward, were supposed to go toward laptops, tablets and other technology for children, prosecutors say. However, none of the products or services for which the school system paid were ever delivered, according to court records.

Officials at KIPP DC, which enrolls about 7,000 students across eight campuses in the District, said they found irregularities with certain technology purchases during a routine internal review in December. Leaders suspected fraud and contacted the U.S. attorney’s office for the District of Columbia, which launched an investigation, the school said in a statement.

The school system also conducted its own review, led by outside counsel and a team of forensics accountants, which found “this was an isolated incident conducted by a single individual who took advantage of extraordinary circumstances during the pandemic and the individual’s role as head of technology.”

The lack of transparency and oversight in charter schools enables crimes.