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George Conway: The Supreme Court Decided Based on Fear

By dianeravitch
March 5, 2024 //
29

George Conway is a constitutional lawyer and a conservative Republican who is an outspoken critic of Donald Trump. His tweets are memorable, as are his appearances on MSNBC, where he is often a guest. He also writes for The Atlantic, where he published his commentary on the Supreme Court’s latest Trump decision. Conway was initially dubious about Colorado’s case for disqualifying Trump but, upon reflection, decided that the Constitution plainly required the Supreme Court to exclude him from the ballot. In his view, the case was not decided on its merits and the legal argument was “utterly flimsy.”

In this post, he analyzes the decision and points out its inconsistencies and fallacies. I am quoting only his conclusion. If you want to read it in full, open the link or subscribe to The Atlantic:

This case wasn’t about legal reasoning; it was about fear. Fear from all the justices, conservatives and liberals, about the impact on the Court of removing Trump from the ballot. And the second paragraph of Justice Barrett’s opinion bleeds fear onto the page. “This is not the time to amplify disagreement with stridency,” she writes. Was that directed at any of her colleagues? Justice Sotomayor’s opinion is hardly strident at all, as far as Supreme Court separate opinions go, even if it makes little more sense than the majority’s. “The Court has settled a politically charged issue in the volatile season of a Presidential election,” Barrett continues. “Particularly in this circumstance, writings on the Court should turn the national temperature down, not up. For present purposes, our differences are far less important than our unanimity: All nine justices agree on the outcome of this case. That is the message Americans should take home.”

Each of these sentences is true. But why say this? Why not let the Court’s unanimity of judgment and reasoning speak for itself, including that of Sotomayor’s concurrence? Because Justice Barrett—and, I suspect, all the justices—were terrified by the case and what it actually required them to do: affirm Trump’s disqualification.

That may sound depressing, but I see reason to take heart. To be sure, it’s a shame, because this was one circumstance where it would have been nice for the Supreme Court justices to show the courage that some of their colleagues in the lower courts have shown when faced with Trump—judges like Lewis Kaplan, in the Carroll case; Tanya Chutkan, in the federal January 6 case; Justice Arthur Engoron in Trump’s New York civil fraud case; and Justice Juan Merchan, in the upcoming New York criminal case stemming from Trump allegedly cooking his books to pay off an adult-film star. Ultimately, though, litigation will not save us from Trump, and no one should believe that it will.  

But litigation will have done its part—even Trump v. Anderson, with its dearth of reasoning and not-quite-satisfactory result. Because there was one very important thing the Court didn’t do yesterday. It didn’t cast one word of doubt, and expressed not a hint of a disagreement with, the amply supported factual conclusion reached by the Colorado courts: Donald Trump engaged in an insurrection. Just as Trump today stands as an adjudicated sexual abuser, so too he remains an adjudicated insurrectionist. It is up to us, as voters, to make use of those findings come November.

Put another way: You can’t always get what you want, but if you try sometimes, you get what you need.

Categories Accountability, Democracy, Elections, Justice, Trump

David French: The Supreme Court Just Erased Part of the Constitution

By dianeravitch
March 5, 2024 //
30

David French is a regular columnist for The New York Times. He writes here about the radical implications of the Supreme Court ruling on Trump’s eligibility to run for president.

As of Monday, March 4, 2024, Section 3 of the 14th Amendment of the Constitution is essentially a dead letter, at least as it applies to candidates for federal office. Under the U.S. Supreme Court’s ruling that reversed the Colorado Supreme Court’s decision striking Donald Trump from the state’s primary ballot, even insurrectionists who’ve violated their previous oath of office can hold federal office, unless and until Congress passes specific legislation to enforce Section 3.

In the aftermath of the oral argument last month, legal observers knew with near-certainty that the Supreme Court was unlikely to apply Section 3 to Trump. None of the justices seemed willing to uphold the Colorado court’s ruling, and only Justice Sonia Sotomayor gave any meaningful indication that she might dissent. The only real question remaining was the reasoning for the court’s decision. Would the ruling be broad or narrow?

A narrow ruling for Trump might have held, for example, that Colorado didn’t provide him with enough due process when it determined that Section 3 applied. Or the court could have held that Trump, as president, was not an “officer of the United States” within the meaning of the section. Such a ruling would have kept Trump on the ballot, but it would also have kept Section 3 viable to block insurrectionists from the House or Senate and from all other federal offices.

A somewhat broader ruling might have held that Trump did not engage in insurrection or rebellion or provide aid and comfort to the enemies of the Constitution. Such a ruling would have sharply limited Section 3 to apply almost exclusively to Civil War-style conflicts, an outcome at odds with the text and original public meaning of the section. It’s worth noting that, by not taking this path, the court did not exonerate Trump from participating in an insurrection.

But instead of any of these options, the court went with arguably the broadest reasoning available: that Section 3 isn’t self-executing, and thus has no force or effect in the absence of congressional action. This argument is rooted in Section 5 of the amendment, which states that “Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

But Section 5, on its face, does not give Congress exclusive power to enforce the amendment. As Justices Elena Kagan, Sotomayor and Ketanji Brown Jackson pointed out in their own separate concurring opinion, “All the Reconstruction amendments (including the due process and equal protection guarantees and prohibition of slavery) ‘are self-executing,’ meaning that they do not depend on legislation.” While Congress may pass legislation to help enforce the 14th Amendment, it is not required to do so, and the 14th Amendment still binds federal, state and local governments even if Congress refuses to act.

But now Section 3 is different from other sections of the amendment. It requires federal legislation to enforce its terms, at least as applied to candidates for federal office. Through inaction alone, Congress can effectively erase part of the 14th Amendment.

It’s extremely difficult to square this ruling with the text of Section 3. The language is clearly mandatory. The first words are “No person shall be” a member of Congress or a state or federal officer if that person has engaged in insurrection or rebellion or provided aid or comfort to the enemies of the Constitution. The section then says, “But Congress may by a vote of two-thirds of each house, remove such disability.”

In other words, the Constitution imposes the disability, and only a supermajority of Congress can remove it. But under the Supreme Court’s reasoning, the meaning is inverted: The Constitution merely allows Congress to impose the disability, and if Congress chooses not to enact legislation enforcing the section, then the disability does not exist. The Supreme Court has effectively replaced a very high bar for allowing insurrectionists into federal office — a supermajority vote by Congress — with the lowest bar imaginable: congressional inaction.

As Kagan, Sotomayor and Jackson point out, this approach is also inconsistent with the constitutional approach to other qualifications for the presidency. We can bar individuals from holding office who are under the age limit or who don’t meet the relevant citizenship requirement without congressional enforcement legislation. We can enforce the two-term presidential term limit without congressional enforcement legislation. Section 3 now stands apart not only from the rest of the 14th Amendment, but also from the other constitutional requirements for the presidency.

In one important respect, the court’s ruling on Monday is worse and more consequential than the Senate’s decision to acquit Trump after his Jan. 6 impeachment trial in 2021. Impeachment is entirely a political process, and the actions of one Senate have no bearing on the actions of future Senates. But a Supreme Court ruling has immense precedential power. The court’s decision is now the law.

It would be clearly preferable if Congress were to pass enforcement legislation that established explicit procedures for resolving disputes under Section 3, including setting the burden of proof and creating timetables and deadlines for filing challenges and hearing appeals. Establishing a uniform process is better than living with a patchwork of state proceedings. But the fact that Congress has not acted should not effectively erase the words from the constitutional page. Chaotic enforcement of the Constitution may be suboptimal. But it’s far better than not enforcing the Constitution at all.

Categories Accountability, Democracy, Elections, Justice, Trump

Robert Hubbell: The Supreme Court’s Latest Decision Was a Disgrace: Vote!

By dianeravitch
March 5, 2024 //
47

Robert Hubbell is outraged by the Supreme Court’s latest decision regarding the insurrection clause (Section 3 of the Fourteenth Amendment). The conservative majority on the Court usually claim to be “originalists” who scrutinize the language in the Constitution and divine the intent of those who wrote it.

In this case, the language was crystal clear. Any officer of the federal government who swore an oath to defend the Constitution and then participated in an insurrection against the Constitution was disqualified from running again for office. But the majority said that the official who had engaged in insurrection must first be subject to a Congressional vote; that language is not in the Constitution although there is specific language about the vote needed to remove the disqualification.

Hubbell was furious that Clarence Thomas was allowed to vote in this case since his wife was an active participant in the plot to overturn the election. He should have recused himself but that would require an ethical compass that the justice lacks.

Here is an excerpt from Hubbell’s post. You should open the link and read it in full.

He writes:

The most important lesson from Monday’s disqualification ruling is that the Supreme Court is broken beyond repair. The reactionary majority made that fact abundantly clear by unilaterally amending the Constitution to remove the Insurrection Clause from the 14th Amendment. 

Those sworn to protect the Constitution are dismantling it. The protectors of the Constitution have become its adversary in order to protect a failed insurrectionist who has promised a second effort to overthrow the Constitution. (“I said I want to be a dictator for one day.”)

There are many reasons to ensure that Donald Trump is not elected to the presidency in 2024. Rehabilitating and reforming the Court is chief among them. Sadly, reforming the Court is below the radar for most voters. But the lawless reactionary majority has already denied women the full protection of the liberty clause of the 14th amendment; it is refusing to enforce the clear intent of the 14th to ensure that descendants of enslaved people have a meaningful right to vote and equal protection under law. And the logical force of the Dobbs opinion strongly suggests that the Court will withdraw existing protections for same-sex marriage, contraception, and “inter-racial” marriages.

Monday’s opinion is a clear warning to all Americans that the threat to their liberties is immediate and real. Those who seek to protect existing liberties (and reclaim those already abrogated Court) must vote as if their freedoms depend on the outcome of the 2024 election—because they do! 

The Court has abandoned the Constitution; the last line of defense is the American people exercising their most fundamental right—the right to elect their representatives, who can (in turn) enlarge the Court and limit its jurisdiction.

There is abundant evidence that many Americans are not inspired by either presidential candidate or feel betrayed, forgotten, or ignored by the political process. But one candidate will seek to defend their freedoms by preserving and enforcing the Constitution (in part, by reforming the Court). The other has promised to overturn the Constitution “for one day”—which means “overturn the Constitution” period. The duration of a suspension of the Constitution is irrelevant.

Feelings of anger and upset over Monday’s ruling are understandable and warranted. But the most appropriate response is to redouble our efforts to defeat Trump. Nothing else matters. If we achieve that goal, we can work to advance all other goals. If we do not, we will be at the mercy of a renegade majority on the Court and an out-of-control, aspiring dictator for four years.

What happened?

On Monday, the Court overruled the Colorado Supreme Court’s decision removing Trump from the Colorado primary ballot. The opinion is here: 23-719 Trump v. Anderson (03/04/2024).

The ruling was ostensibly 9-0 with three justices writing a concurring opinion that reads like a dissent and a concurrence by Amy Coney Barrett that criticized the overreach of reactionary majority. In fact, as explained below, the ruling was 5-4, meaning that Justice Thomas’s refusal to recuse himself (as required by statute and rule) was outcome-determinative. Justice Thomas’s corruption saved Donald Trump’s slot on the Colorado ballot.

Distilled to its essence, the US Supreme Court’s ruling in Trump v. Anderson removed the Insurrection Clause from Section 3 of the 14th Amendment.

How did the Court effectively remove the Insurrection Clause from the 14th Amendment?

The 14th Amendment creates a self-executing disqualification for insurrectionists who previously took an oath to support the Constitution. The self-executing nature of that disqualification is consistent with other provisions of the 14th Amendment (equal protection, due process) that are likewise self-executing—as are other qualifications on the presidency (such as age, citizenship, and tenure of residency in the US).

Despite the plain language of the 14th Amendment—which creates a bar to holding federal office based on the conduct of the insurrectionist standing alone—the Court ruled that the Insurrection Clause is ineffective unless Congress affirmatively passes legislation that conforms to narrow prescriptions of the Court’s opinion in Trump v. Anderson.

The reactionary majority ignores that Section 3 of the 14th Amendment speaks to the role of Congress in enforcing the Insurrection Clause. It says that Congress can remove an insurrectionist’s disqualification by a two-thirds vote. But under the Court’s ruling in Trump v. Anderson, Congress can prevent any disqualifications of insurrectionists by simply refusing to pass the enabling legislation prescribed by the reactionary majority.

As Justice Sotomayor wrote in her concurring opinion,

It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by . . . declining to pass implementing legislation.

As George Conway noted on Monday on MSNBC, the reactionary majority arrived at its conclusion by simply ignoring the language of the Constitution. The reactionary majority regularly uses the text of the Constitution as a cudgel when they want to deny liberties embraced by the language of the Constitution. But when they seek to ensure that a failed insurrectionist and aspiring dictator remains on the ballot, they act as if the text of the Constitution does not exist.

A reader wrote to me after the issuance of the opinion and asked, “What can we do?” My answer is this:

Elect Democrats. Reform the Court. Defend the Constitution. Preserve Democracy.

Categories Accountability, Civil Rights, Democracy, Elections, Ethics, Extremism, Failure, History, Justice, Trump

Tennessee: Lobbyist Warned Anti-Voucher Republicans of “Public Hangings” if They Don’t Support Vouchers

By dianeravitch
March 5, 2024 //
6

A secret recording of a lobbyist’s meeting in 2016 showed the true face of the voucher movement in Tennessee and elsewhere.

The lobbyist, an official with Betsy DeVos’s Tennessee Federation for Children, made clear that Republican legislators who opposed vouchers would face harsh retribution. He pledged that anti-voucher Republican legislators would be challenged in a primary by well-funded opponents committed to pass vouchers. Money would come in from out-of-state billionaires and millionaires to knock off Republicans who voted against vouchers.

The story came from NewsChannel 5 in Nashville.

NASHVILLE, Tenn. (WTVF) — A secret recording reveals how ultra-wealthy forces have laid the groundwork for the current debate in the Tennessee legislature over school vouchers by using their money to intimidate, even eliminate, those who dared to disagree.

In the recording obtained by NewsChannel 5 Investigates from a 2016 strategy session, Nashville investment banker Mark Gill discusses targeting certain anti-voucher lawmakers for defeat as a form of “public hangings.” At the time, Gill was a member of the board of directors for the pro-voucher group Tennessee Federation for Children.

Using their vast resources to defeat key incumbents, Gill argues, would send a signal to other lawmakers in the next legislative session…

Tennessee Gov. Bill Lee has teed up the issue this year with a plan for school vouchers that would send hundreds of millions of taxpayer dollars to private schools.

It follows a years-long effort by school privatization forces to elect lawmakers who would vote their way and to destroy those who would not.

In the 2016 recording, Mark Gill discusses the prospect of turning against Republican Rep. Eddie Smith from Knoxville because Smith had voted against a bill designed to cripple the ability of teacher groups to have dues deducted from teachers’ paychecks.

Gill has served on the Tennessee Board of Regents overseeing the state’s community and technical colleges since 2019.

“Think about it,” Gill says.

“What better way to say to people, OK, you want us to fall on our sword for you, to spend thousands of dollars — which I did personally — to get you elected, and you come up here and do this sh*t. Let me just show you what the consequences of that are,” Gill says…

At the time, Gill was also considering targeting Republican Judd Matheny from Tullahoma because Matheny was viewed as being too close to Tennessee teachers and would be a good “scalp” to hang on the school privatizers’ efforts.

“He also has, I think, put himself in a position where his scalp could be very valuable to all school reformers,” Gill says, noting Matheny’s relationship with the Tennessee Education Association. “He is one of the people who has bought the TEA line that you need to side with the TEA because of the teachers and that’s your safest route.”

The reporter for NewsChannel 5 played the recording for J.C. Bowman, leader of the Professional Educators of Tennessee.

Bowman was stunned.

“Judd Matheny was a conservative — a big Second Amendment guy. Some of the names they mention in there — conservative all the way through. So you are going to eat your own…”

NewsChannel 5 Investigates noted to Bowman that Gill was not talking about convincing lawmakers that the Tennessee Federation for Children was right on the issue of school vouchers.

“No, they are not even making that comparison,” the teacher lobbyist agreed.

“If you put this issue on the ballot — and that’s what I would say, put it on the ballot — vouchers would lose.”

A March 2022 NewsChannel 5 investigation revealed how the battle over education in Tennessee is largely financed by out-of-state billionaires and millionaires.

Last fall, NewsChannel 5 Investigates obtained a proposal — submitted to a foundation controlled by the billionaire Walton family of Walmart fame — detailing a plan by school privatization forces to spend $3.7 million in 2016 on legislative races in Tennessee.

That same year, The Tennessean reported on an Alabama trip where Gill had hosted five pro-voucher lawmakers for a three-day weekend at his Gulf Shores condo.

“I don’t think anybody is going to get unseated without some substantial independent expenditures coming in there,” Gill says, acknowledging that wealthy special interests would need to spend a lot of money to knock off lawmakers who did not vote their way.

That strategy was apparent in 2022 when Republicans Bob Ramsey and Terri Lynn Weaver were targeted and defeated. 

Weaver was among those Republicans who in 2019 refused to bow to pressure to vote for school vouchers.

And like these ads taken out against Bob Ramsey, Weaver also faced attacks from school privatization forces for supposedly being a corrupt career politician — attacks funded by so-called dark money.

“Tremendous amounts of money, much of which is outside money, [the] money was not from my district,” Weaver said. “They slander you. They want to win — and they’ll do anything to do it.”

Bowman said Gill’s strategy represents “the absolute destruction of people.”

We wanted to know, “Is there anyone on the public education side of the debate playing this sort of hardball politics?”

“None that I know of,” Bowman said. “I know of nobody playing that.”

To read the complete article and to listen to the recording, open the link.

Categories Accountability, Betsy DeVos, Billionaires, Corruption, Dark Money, Democracy, Education Industry, Elections, Ethics, Evil, Extremism, Fraud, Privatization, Religion, Republicans, Tennessee, Vouchers, Walton Foundation

Jess Piper: Why Uncontested Seats Are Undemocratic and Breed Extremism

By dianeravitch
March 3, 2024 //
14

Jess Piper is an educator, a blogger, and a farmer in rural Missouri. In this post, she describes an extremist in the state legislature who wants to defund public libraries, Planned Parenthood, and public schools.

Now Rep. Cody Smith, chair of the House Budget Committee, is running for State Treasurer, and no Democrat is running against him. He can flourish as an extremist because he is unopposed.

She writes:

Uncontested seats are undemocratic. This is the story of one of those seats:

Last year, Missouri Representative Cody Smith, the House Budget Committee Chairman, proposed a motion to defund public libraries in the state? Why? Because lawmakers were trying to pass a bill to ban “pornography” in libraries. The bill would actually limit classic books and literature that may be offensive to some, but is literature none the less. 

So, the ACLU, the Missouri Association of School Librarians, and the Missouri Library Association sued the state. In retaliation, Rep Smith moved to strip public libraries from the state budget. To defund public libraries. He failed…

Now he’s going after Planned Parenthood, which no longer provides abortion services, but does offer women’s health services, like screening for breast cancer.

He also is promoting a universal school voucher program that would subsidize every student currently enrolled in private and religious schools. The cost might be as much as $1 billion a year.

Here is the worst part, friends. He’s running for State Treasurer…against two other Republicans. Not one Democrat has filed to run as of today.

We. Can’t. Win. When. We. Don’t. Run.

Representative Smith also ran unopposed in 2022. He just walked right into the Capitol and wrote bills to defund public libraries, public schools, and Planned Parenthood. He has been made near-invincible by the power to not have to answer to constituents. If he has no fear of opposition, he can be as extreme as his donors would like. And, that seems to be exactly what he’s doing.

Last year, 40% of Missouri House seats went unopposed. We let 66 Reps win by default, and friends, this is undemocratic. Most of these seats are in rural parts of the state…Rep Cody Smith is from Carthage, population 15K. Cody faced no opposition, won without any contest, and then wrote bills that could harm millions of folks in our state.

I work with Blue Missouri for this reason—I believe in running everywhere. Even in rural races. Even in places we know won’t flip for a few cycles. Robert Hubbell wrote about our organization a few days ago after hearing about what we are doing in Missouri…here it is. 

Run Everywhere. Contest every damn seat.

So many statehouse races have gone uncontested and unsupported. Democrats in these districts, especially rural Dems like those in my community feel abandoned, ignored…forgotten. Meanwhile, GOP nominees get free passes to the Capitol to do the business of extremist donors.

It doesn’t have to be this way. 

We can show up for Missouri’s Democrats, making sure no Democrat gets left behind. No Missouri voter is left without a choice. No Republican gets a free ride.

That’s the plan to deal with folks like Representative Smith. We take back our state seat by seat. We contest every single one of them on every ballot across the entire state.

Categories Accountability, Censorship, Democrats, Elections, Extremism, Funding, Libraries, Missouri, Vouchers

Trump’s Debt to Putin

By dianeravitch
March 3, 2024 //
35

Our occasional commenter, who uses the sobriquet “Democracy” posted the following analysis of Putin’s involvement in the 2016 election. Russia and Wikileaks crippled Hillary Clinton’s campaign, and at least eight Republican Senators knew it. They endorsed a report which reached that conclusion. Yet they continued to defend Trump.

Democracy posted:

Volume V of the Senate Intelligence Committee investigative report on the 2016 election:

“the Russian government engaged in an aggressive, multifaceted effort to influence, or attempt to influence, the outcome of the 2016 presidential election…Manafort’s presence on the Campaign and proximity to Trump created opportunities for Russian intelligence services to exert influence over, and acquire confidential information on, the Trump Campaign. Taken as a whole, Manafort’s highlevel access and willingness to share information with individuals closely affiliated with the Russian intelligence services, particularly Kilimnik and associates of Oleg Deripaska, represented a grave counterintelligence threat…”

“Russian President Vladimir Putin ordered the Russian effort to hack computer networks and accounts affiliated with the Democratic Party and leak information damaging to Hillary Clinton and her campaign for president. Moscow’s intent was to harm the Clinton Campaign, tarnish an expected Clinton presidential administration, help the Trump Campaign after Trump became the presumptive Republican nominee, and undermine the U.S. democratic process…While the GRU and WikiLeaks were releasing hacked documents, the Trump Campaign sought to maximize the impact of those leaks to aid Trump’s electoral prospects. Staff on the Trump Campaign sought advance notice about WikiLeaks releases, created messaging strategies to promote and share the materials in anticipation of and following their release, and encouraged further leaks. The Trump Campaign publicly undermined the attribution of the hack-and-leak campaign to Russia and was indifferent to whether it and WikiLeaks were furthering a Russian election interference effort.”

Click to access report_volume5.pdf

And if you’ve not read it before, here’s Adam Silverman, a national security expert, on that investigative report:

The Real Takeaway From the Senate Select Committee On Intelligence’s Bipartisan Report On Russia’s Active Measures Campaign and Interference In the 2016 Election: They All Knew Before They Voted To Acquit!!!!!

It’s quite clear…Trump and Republicans (and the NRA) are enthralled by and beholden to Putin.

Categories Accountability, Corruption, Elections, Ethics, Evil, Extremism, Hillary Clinton, Republicans, Trump

Heather Cox Richardson: The GOP is a Dying Party

By dianeravitch
March 2, 2024 //
43

Historian Heather Cox Richardson brilliantly analyzes the current moment.

She writes:

Behind the horse race–type coverage of the contest for presidential nominations, a major realignment is underway in United States politics. The Republican Party is dying as Trump and his supporters take it over, but there is a larger story behind that crash. This moment looks much like the other times in our history when a formerly stable two-party system has fallen apart and Americans reevaluated what they want out of their government.

Trump’s takeover of the party has been clear at the state level, where during his term he worked to install loyalists in leadership positions. From there, they have pushed the Big Lie that he won the 2020 election and have continued to advance his claims to power. 

The growing radicalism of the party has also been clear in Congress, where Trump loyalists refuse to permit legislation that does not reflect their demands and where, after they threw House speaker Kevin McCarthy (R-CA) out of office—dumping a speaker midterm for the first time in history—Trump lieutenant Jim Jordan (R-OH) threatened holdouts to vote him in as speaker. Jordan failed, but the speaker Republican representatives did choose, Mike Johnson (R-LA), is himself a Trump loyalist, just one who had made fewer enemies than Jordan. 

The radicalization of the House conference has led 21 members of the party who gravitate toward actual lawmaking to announce they are not running for reelection. Many of them are from safe Republican districts, meaning they will almost certainly be replaced by radicals.  

The Senate has tended to hang back from this radicalization, but in a dramatic illustration of Trump’s takeover of the party, Senate minority leader Mitch McConnell today announced he would step down from his leadership position in November. McConnell is the leading symbol of the pre-Trump party, a man whose determination to cut taxes and regulation led him to manipulate the rules of the Senate and silence warnings that Russian disinformation was polluting the 2016 campaign so long as it meant keeping a Democrat out of the White House and Republicans in control of the Senate.

The extremist House Freedom Caucus promptly tweeted: “Our thoughts are with our Democrat colleagues in the Senate on the retirement of their Co-Majority Leader Mitch McConnell (D-Ukraine). No need to wait till November…Senate Republicans should IMMEDIATELY elect a *Republican* Minority Leader.”

Trump has also taken control of the Republican National Committee (RNC) itself. On Monday, RNC chair Ronna McDaniel announced that she is resigning on March 8. Trump picked McDaniel himself in 2016 but has come to blame her both for the party’s continued underperformance since 2016 and for its current lack of money.

Now Trump has made it clear he wants even closer loyalists at the top of the party, including his own daughter-in-law, Lara Trump. She has suggested she is open to using RNC money exclusively for Trump. This might be what has prompted the Koch-backed Americans for Prosperity to pull support from Nikki Haley in order to invest in downballot races. 

But the party that is consolidating around Trump is alienating a majority of Americans. It has abandoned the principles that the party embraced from 1980 until 2016. In that era, Republicans called for a government that cut taxes and regulations with the idea that consolidating wealth at the top of the economy would enable businessmen to invest far more effectively in new development than they could if the government interfered, and the economy would boom. They also embraced global leadership through the expansion of capitalism and a strong military to protect it. 

Under Trump, though, the party has turned away from global leadership to the idea that strong countries can do what they like to their neighbors, and from small government to big government that imposes religious rules. Far from protecting equality before the law, Republican-dominated states have discriminated against LGBTQ+ individuals, racial and ethnic minorities, and women. And, of course, the party is catering to Trump’s authoritarian plans. Neo-nazis attended the Conservative Political Action Conference a week ago. 

But these changes are not popular. Tuesday’s Michigan primary revealed the story we had already seen in the Republican presidential primaries and caucuses in Iowa, New Hampshire, and South Carolina. Trump won all those contests, but by significantly less than polls had predicted. He has also been dogged by the strength of former South Carolina governor Nikki Haley. With Trump essentially running as an incumbent, he should be showing the sort of strength Biden is showing—with challengers garnering only a few percentage points—but even among the fervent Republicans who tend to turn out for primaries, Trump’s support is soft.

It seems that the same policies that attract Trump’s base are turning other voters against him. Republican leadership, for example, is far out of step with the American people on abortion rights—69% of Americans want the right to abortion put into law—and that gulf has only widened over the Alabama Supreme Court decision endangering in vitro fertilization by saying that embryos have the same rights as children from the moment of conception. That decision created such an outcry that Republicans felt obliged to claim they supported IVF. But push came to shove today when Senator Tammy Duckworth (D-IL) reintroduced a bill to protect IVF that Republicans had previously rejected and Senator Cindy Hyde-Smith (R-MS) killed it again. 

The party has also tied itself to a deeply problematic leader. Trump is facing 91 criminal charges in four different cases—two state, two federal—but the recently-decided civil case in which he, the Trump Organization, his older sons, and two associates were found liable for fraud is presenting a more immediate threat to Trump’s political career.

Trump owes writer E. Jean Carroll $88.3 million; he owes the state of New York $454 million, with interest accruing at more than $100,000 a day. Trump had 30 days from the time the judgments were filed to produce the money or a bond for it. Today he asked the court for permission to post only $100 million rather than the full amount in the New York case, as required by law, because he would have to sell property at fire-sale prices to come up with the money.

In addition to making it clear to donors that their investment in his campaign now might end up in the hands of lawyers or the victorious plaintiffs, the admission that Trump does not have the money he has claimed punctures the image at the heart of his political success: that of a billionaire businessman.   

Judge Anil C. Singh rejected Trump’s request but did stay the prohibition on Trump’s getting loans from New York banks, potentially allowing him to get the money he needs.  

As Trump’s invincible image cracks with this admission, as well as with the increased coverage of his wild statements, others are starting to push back on him and his loyalists. President Biden’s son Hunter Biden testified behind closed doors to members of the House Oversight and Judiciary Committees today, after their previous key witness turned out to be working with Russian operatives and got indicted for lying.

Hunter Biden began the day with a scathing statement saying unequivocally that he had never involved his father in his business dealings and that all the evidence the committee had compiled proved that. In their “partisan political pursuit,” he said, they had “trafficked in innuendo, distortion, and sensationalism—all the while ignoring the clear and convincing evidence staring you in the face. You do not have evidence to support the baseless and MAGA-motivated conspiracies about my father because there isn’t any.” 

After an hour, Democratic committee members described to the press what was going on in the hearing room. They reported that the Republicans’ case had fallen apart entirely and that Biden had had a “very understandable, coherent business explanation for every single thing that they asked for.” While former president Trump invoked his Fifth Amendment right not to incriminate himself more than 440 times during a deposition in his fraud trial, Biden did not take the Fifth at all. 

The discrediting of the Republicans continued later. When Representative Tim Burchett (R-TN) tried to recycle the discredited claim that “$20 million flowed through” to then–vice president Biden, CNN host Boris Sanchez fact-checked him and said, “I’m not going to let you say things that aren’t true.” 

That willingness to push back on the Republicans suggests a new political moment in which Americans, as they have done before when one of the two parties devolved into minority rule, wake up to the reality that the system has been hijacked and begin to reclaim their government. 

But can they prevail over the extremists MAGA Republicans have stowed into critical positions in the government? Tonight the Supreme Court, stacked with Trump appointees, announced that rather than let the decision of a lower court stay in place, it would take up the question of whether Trump is immune from criminal prosecution for his actions in trying to overturn the 2020 presidential election. That decision means a significant delay in Trump’s trial for that attempt. 

“This is a momentous decision, just to hear this case,” conservative judge Michael Luttig told Nicolle Wallace of MSNBC. “There was no reason in this world for the Supreme Court to take this case…. Under the constitutional laws of the United States, there has never been an argument that a former president is immune from prosecution for crimes that he committed while in office.” 

–- 

Categories Accountability, Bigotry, Democracy, Elections, Ethics, Extremism, Republicans, Trump

Should Anonymous Comments Be Permitted Online?

By dianeravitch
March 2, 2024 //
44

Former federal prosecutor Barbara McQuade writes on the website Cafe Insider that social media should require commenters to use their real name. Anonymity enables trolls and invective.

We have seen what happens on this blog. Anonymous posters attack others, make wild accusations, and vent their inner demons. I take down as many of these comments as I can, but I’m not online 24/7. One Trump troll repeatedly changes his IP address to evade being blocked.

There are a number of rules in this blog. First, I don’t allow comments that insult me; the blog is my online living room and I eject offensive visitors. Second, I don’t tolerate conspiracy theories: Sandy Hook happened, 9/11 was not “an inside job,” Trump lost the 2020 election. I also will not post racist, sexist, anti-Semitic, xenophobic, or homophobic comments.

The reason I allow anonymous comments is because many educators are afraid to speak their mind about what they know. They fear retribution from their superior.

What do you think?

McQuade writes:

Dear Reader,

One of my favorite New Yorker cartoons depicts two dogs sitting at a computer with one saying to the other, “On the Internet, nobody knows you’re a dog.” 

This image came to mind recently when one of my hometown newspapers, The Detroit Free Press, announced it would no longer post reader comments on its website. In a letter to readers, Editor Nicole Avery Nichols explained the decision was necessary “due to the time investment needed to produce a safe and constructive dialogue.” The real culprit, I believe, is anonymity. 

Reader comments became commonplace when news outlets went online in the 1990s. The idea for such comments is laudable. Members of the community may engage with writers, editors, and each other to discuss a matter in the news, adding to the discussion the perspectives of other voices and experiences. 

Yet, the Free Press has decided to eliminate reader comments, following the lead of other media outlets such as NPR, CNN and the Washington Post. The Free Press now invites readers to comment on social media, where it has no duty to moderate the conversation, or through letters to the editor, which are screened before publication. Letters to the editor of the Free Press also require one important component that online comments do not – the identity of the author. To have a letter considered for publication, writers must include their “full name, full home address and day and evening telephone numbers.” The Free Press may be onto something. 

In researching my forthcoming book on disinformation, Attack From Within, one of the things I learned was the danger of anonymity online. When people can hide behind a false name, they have license to say all manner of inappropriate things. As Free Press columnist Mitch Albom wrote regarding the new policy, a typical commenter can use a pseudonym like SEXYDUDE313 and say all manner of despicable things with no accountability. And so, instead of a thoughtful discussion exchanging diverse viewpoints, the conversation quickly devolves into a barrage of insults aimed at not only the reporter, but also other readers posting comments. Commenters typically attack one another with slurs based on their presumed political affiliation, their level of education, or even their race. Comments have become a sort of online heckling, but in real life, even hecklers can be thrown out of the nightclub. 

The danger of anonymity online was a key finding of Robert Mueller’s special counsel report on Russian interference in the 2016 election. Mueller’s report noted that members of the Internet Research Agency, a Russian organization alleged to have engaged in a disinformation campaign, used false names, such as “Blacktivist,” “United Muslims of America,” and “Heart of Texas,” to pose as members of various groups and sow discord in American society. Operatives, posing as members of certain racial or ethnic groups, would post inflammatory content to provoke outrage. Some posts were designed to favor Donald Trump over Hillary Clinton, and some discouraged minority voters from casting a ballot at all. While we will never know the full extent to which Russia’s influence campaign affected the outcome of that election, this kind of foreign interference in political discourse is a danger to our democracy. 

To combat disinformation on social media, one easy step could be to eliminate anonymous users. The Free Press’s example demonstrates that anonymity enables behavior that is rude, harassing, and deceptive. Congress could mandate that social media platforms require users to verify their identities. At one time, before Twitter became X, a user could become verified by providing identifying information to the platform. A blue check signaled that the person was who they said they were. Mandatory verification could help reduce threats, trolling, and the spread of disinformation. Although it would be resource-intensive, to be sure, it should be part of the cost of doing business for social media platforms. 

Such a policy could face First Amendment challenges. As a general matter, the First Amendment protects anonymous speech because it permits people to engage in political speech even when it’s unpopular, and to criticize powerful people without fear of retribution. But, like all rights, the right to free speech is not absolute. The Supreme Court has routinely held that fundamental rights, such as freedom of speech, may be limited when the government has a compelling interest in the restriction and the measure is narrowly tailored to achieve that interest. Here, Congress could investigate whether eliminating anonymity online effectively reduces threats, harassment, and disinformation, serving a compelling government interest. By limiting the restriction to social media, and not all speech, the law could be sufficiently narrow. 

Requiring people to use their real names when posting comments online could make digital spaces safer. It would also allow readers to assess the credibility of those posting comments, making it much more difficult to be fooled by manipulative political operatives and hostile foreign actors. 

And perhaps even by dogs.

Stay Informed, 

Barb

Categories Accountability, Censorship, Cruelty, Ethics, Evil, Extremism, Fake

Did Ukraine Miss a Chance to Make a Deal with Russia?

By dianeravitch
March 2, 2024 //
37

One of the oft-told tales is about Ukraine’s failure to make a deal with Russia at the beginning of the Russian invasion in 2022. But, writes Yaridlov Trofimov, the chief foreign-affairs writer for the Wall Street Journal, there was a catch to the deal: Russia wanted Ukraine to capitulate, not to negotiate.

He writes:

The lead Ukrainian negotiator, David Arakhamia, pointed to a bottle of sanitizing gel on the table, covered by a crisp white cloth, as Russian and Ukrainian peace delegations gathered in Istanbul’s Dolmabahçe Palace.

“That’s an antiseptic,” Arakhamia told his Russian counterpart, President Vladimir Putin’s adviser Vladimir Medinsky.

 “Ah, I thought it’s vodka,” Medinsky joked.

There was plenty of tension behind the jovial appearances during that pivotal meeting on March 29, 2022. Dmytro Kuleba, the Ukrainian foreign minister, had just publicly advised Ukrainian negotiators not to accept any beverages from the Russians and not to touch any surfaces, lest they be poisoned. After all, Russian forces were still at the gates of Kyiv, trying to overthrow President Volodymyr Zelensky and his government.

What actually happened on that momentous Tuesday and in the immediate aftermath has since turned into a matter of fundamental disagreement among Ukraine, Western nations and Russia. The Istanbul meeting has also emerged as a key point of discord in America’s own debate about the war, as indispensable U.S. aid to Ukraine remains stalled in Congress because of Republican opposition. Some argue that Ukraine blew a chance at the time to end the war. The real story paints a different, and far more complicated, picture. 

The first meeting between Ukrainian and Russian negotiators happened on Feb. 28, 2022, in the Belarusian city of Gomel, four days after Russian tanks crossed the Ukrainian border. At that encounter, Medinsky recited a long list of the Kremlin’s demands. It included the replacement of Zelensky’s administration with a puppet regime, Ukrainian troops handing over all their tanks and artillery, the arrest and trial of “Nazis”—a Russian euphemism for any Ukrainian opposed to Moscow’s rule—and the restoration of Russian as Ukraine’s official language. Medinsky even demanded that city streets named after Ukrainian national heroes be returned to their old Soviet names.

“We listened to them, and we realized that these are not people sent for talks but for our capitulation,” recalled one of the Ukrainian negotiators, Zelensky’s adviser Mykhailo Podolyak. Yet to gain time the Ukrainians agreed to keep talking.     

The story continues. The point remains the same. Putin had nothing to offer. He had demands.

Categories Accountability, International

Texas: Vote for These Brave Legislators Who Stood Up for Public Schools!

By dianeravitch
March 1, 2024 //
2

I am a native Texan. I was born and raised in Houston. I attended Houston public schools from kindergarten until my high school graduation. The public schools of Texas gave me a strong foundation, and I will always be grateful to my teachers and my schools.

The public schools in Texas will be harmed by vouchers. Yet Governor Greg Abbott is demanding that the Legislature endorse vouchers, so that the public will subsidize every student who goes to private and religious schools. No wonder he campaigned for vouchers by visiting private and religious schools.

Some Republican legislators know that vouchers will hurt their public schools.

Governor Abbott has spent millions of dollars to defeat those brave Republican legislators who oppose vouchers.

The primary is March 5.

Funded by oil and gas billionaires and by Jeff Yass, a Pennsylvania billionaire, Abbott has tried and repeatedly failed to pass a voucher bill. He failed because these Republican legislators stood up for their communities and their public schools.

These legislators know their local teachers. They are friends and neighbors. The legislators know they are hard-working dedicated teachers. They teach the children; they don’t “indoctrinate” them, as Governor Abbott falsely claims. Many have taught in the same schools for decades, raising up the children in the way they should go.

The teachers are underpaid, and the school buildings need upgrades. But the Governor won’t put another penny into paying teachers and funding public schools unless he gets his vouchers.

In every state that has vouchers, most of them are used by students who never attended public schools. Vouchers are nothing more than a public subsidy for students already attending private and religious schools.

Voucher schools are free to discriminate and are excused from all accountability.

These heroic and principled legislators deserve your thanks and your vote on March 5:

  • Steve Allison, District 121, San Antonio
  • Ernest Bailes, District 18, Shepherd
  • Keith Bell, District 4, Forney;
  • DeWayne Burns, District 58, Cleburne;
  • Travis Clardy, District 11, Nacogdoches
  • Drew Darby, District 72, San Angelo
  • Jay Dean, District 7, Longview
  • Charlie Geren, District 99, Fort Worth
  • Justin Holland, District 33, Rockwall
  • Ken King, District 88, Canadian
  • John Kuempel, District 44, Seguin
  • Stan Lambert, District 71, Abilene
  • Glenn Rogers, District 60, Mineral Wells
  • Hugh Shine, District 55, Temple
  • Reggie Smith, District 62, Sherman
  • Gary VanDeaver, District 1, New Boston

For their courage in defending their community schools, their teachers, their parents, and their students, I place them on the blog’s Honor Roll.

Now get out there and vote for them!

Categories Accountability, Courage, Democracy, Education Industry, Elections, Honor Roll, Privatization, Students, Supporting public schools, Teachers, Texas, Vouchers
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