Archives for category: Ethics

Jennifer Rubin is one of my favorite columnists at The Washington Post. She is both a journalist and a lawyer. She cuts to the heart of whatever matter she examines. She was hired to be the conservative commentator on the opinion page; she had Sterling credentials. But Trump pushed her out of the conservative bubble and into the center.

Here she pins the blame for the Hur fiasco where it belongs: on Merrick Garland, who appointed Hur knowing he was a loyal Republican.

She wrote:

Special counsel Robert K. Hur had a single task: determine if President Biden illegally retained sensitive documents after his vice presidency. The answer should not have taken nearly 13 months or a more than 300-page report. Hur also should have avoided trashing “the fundamental ethos of a prosecutor to avoid gratuitous smears,” as former White House ethics czar Norm Eisen told me.

Hur found that “the evidence does not establish Mr. Biden’s guilt beyond a reasonable doubt” and that prosecution was “also unwarranted based on our consideration of the aggravating and mitigating factors.” He seemed to intentionally disguise that conclusion with contradictory and misleading language that “Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” He conceded that was not legally provable. (As Just Security pointed out, the media predictably and widely misreported this: “The press incorrectly and repeatedly blast out that the Hur report found Biden willfully retained classified documents, in other words, that Biden committed a felony; with some in the news media further trumpeting that the Special Counsel decided only as a matter of discretion not to recommend charges.”)

Hur acknowledged that Biden’s cooperation, “including by reporting to the government that the Afghanistan documents were in his Delaware garage,” leaves the impression he made “an innocent mistake, rather than acting willfully — that is, with intent to break the law — as the statute requires.” Moreover, Hur conceded that the documents “could have been stored, by mistake and without his knowledge, at his Delaware home since the time he was vice president, as were other classified documents recovered during our investigation.”

The body of the report refutes the element of willfulness — noting a variety of factors (e.g., a good-faith belief the Afghanistan memo was no longer classified, presidents’ practice of taking notes with them). Hur also distinguished Biden’s behavior from four-times-indicted former president Donald Trump:

Several material distinctions between Mr. Trump’s case and Mr. Biden’s are clear. Unlike the evidence involving Mr. Biden, the allegations set forth in the indictment of Mr. Trump, if proven, would present serious aggravating facts. Most notably, after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite. According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it. In contrast, Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview, and in other ways cooperated with the investigation.

That should have been the end of the matter.
But it was Hur’s gratuitous smear about Biden’s age and memory — most egregiously, his far-fetched allegation that Biden could not recall the date of his son Beau’s death — that transformed a snide report into a political screed. Speculating about how a jury might have perceived the president years after the incidents took place was entirely irrelevant because the lack of evidence meant there would be no case.

Former prosecutors were almost uniformly outraged. Jeffrey Toobin remarked, “It was outrageous that Hur put in some of that stuff in this report. That had no place in it.” He added, “There is no reason this report had to be 300 pages. There is no reason this fairly straightforward case had to be treated this way. … The job of prosecutors is to put up or shut up.”

Former prosecutor Andrew Weissmann called Hur’s jabs “entirely inappropriate.” He tweeted, “Of course, no crime was committed by Biden, but as anticipated, Hur takes the opportunity to make a gratuitous political swipe at Biden. … [Attorney General Merrick] Garland was right to have appointed a Special Counsel but wrong to pick Hur and to think only a Republican could fit the bill.” (Weissmann analogized to former FBI chief James B. Comey, who exonerated Hillary Clinton of crimes but savaged her conduct just days before the 2016 election.)

Likewise, ethics guru Matthew Seligman told me, “What Hur should have written — and all he should have written — is that there is insufficient evidence to prove beyond a reasonable doubt that President Biden’s level of intent rose to the willfulness standard required by the statute.” Eisen argues that Hur violated the Justice Department’s prosecutorial principles. (“Federal prosecutors should remain sensitive to the privacy and reputation interests of uncharged parties,” the rules say.)
Hur is not solely to blame for going beyond his mandate and introducing smears. Garland erred in appointing and giving free rein to a Republican loyalist. He should have anticipated that a rock-ribbed Republican such as Hur would echo GOP campaign smears attacking Biden’s memory and age. Garland’s lousy judgment wound up sullying and politicizing the Justice Department.

As former prosecutor Shan Wu wrote, “It was Garland’s responsibility to ensure that Hur’s report did not stray from proper Justice Department standards. Garland should have known the risks when he picked Hur — who had clerked for conservative Chief Justice William Rehnquist, served as the top aide to Deputy Attorney General Rod J. Rosenstein, who assisted [Attorney General] Bill Barr’s distortion of the Mueller Report, and who was a Trump-appointed U.S. Attorney.” (Hur also clerked for Judge Alex Kozinski, a right-wing icon on the U.S. Court of Appeals for the 9th Circuit who was forced to resign over accusations of decades-long egregious sexual harassment.) Unlike Barr, Garland did not even release a summary to focus on the salient facts. This blunder, coupled with his unconscionable delay in investigating Trump, bolsters criticism that Garland has been the wrong man for the job.

Finally, the media — which made a spectacle of itself hollering at and interrupting Biden in his news conference after the report was released — certainly amplified the GOP talking point. Many outlets failed to explain that there was insufficient evidence of willfulness. For days, headlines focused on the memory smear rather than on Biden’s exoneration. Worse, Sunday news shows misreported the report.

The Biden-Harris campaign decried the media’s obsession with Biden’s age while virtually ignoring another rambling, incoherent Trump speech in which he insisted Pennsylvania would be renamed if he lost. (In South Carolina on Saturday, he was at it again, inviting Russia to invade NATO countries and insulting Nikki Haley’s deployed husband.) By habitually and artificially leveling the playing field, much of the media enables MAGA propaganda and neglects Trump’s obvious mental and emotional infirmities.

Still, facts matter. Biden acted responsibly and committed no crime. Trump faces multiple felony counts, including intentionally withholding top-secret documents and obstructing an investigation. Three years separate Biden and Trump in age, but the distance between their mental and emotional fitness remains incalculable — as is the chasm between the media we have and the media democracy requires.

Heather Cox Richardson writes about the supine behavior of Republicans in the House of Representatives, as they worship at the shrine of Trump. The Senate passed a bipartisan bill to fund Ukraine, Taiwan, and Israel: 22 Republican Senators voted for it, openly defying the Orange Menace. But in the House, Speaker Mike Johnson says he won’t allow the bill to come to a vote because it is likely to pass. Johnson is collaborating with Trump who is collaborating with the enemies of freedom (aka Putin).

She writes:

History is watching,” President Joe Biden said this afternoon. He warned “Republicans in Congress who think they can oppose funding for Ukraine and not be held accountable” that “[f]ailure to support Ukraine at this critical moment will never be forgotten.”

At about 5:00 this morning, the Senate passed a $95 billion national security supplemental bill, providing funding for Ukraine, Israel, Taiwan, and humanitarian aid to Gaza. Most of the money in the measure will stay in the United States, paying defense contractors to restock the matériel the U.S. sends to Ukraine. 

The vote was 70–29 and was strongly bipartisan. Twenty-two Republicans joined Democrats in support of the bill, overcoming the opposition of far-right Republicans.

The measure went to the House of Representatives, where House speaker Mike Johnson (R-LA) said he will not take it up, even though his far-right supporters acknowledged that a majority of the representatives supported it and that if it did come to the floor, it would pass. 

Yesterday, House Intelligence Committee chair Mike Turner (R-OH)—who had just returned from his third trip to Ukraine, where he told President Volodymyr Zelensky that reinforcements were coming—told Politico’sRachel Bade: “We have to get this done…. This is no longer an issue of, ‘When do we support Ukraine?’ If we do not move, this will be abandoning Ukraine.” 

“The speaker will need to bring it to the floor,” Turner said. “You’re either for or against the authoritarian governments invading democratic countries.… You’re either for or against the killing of innocent civilians. You’re either for or against Russia reconstituting the Soviet Union.”

Today, Biden spoke to the press to “call on the Speaker to let the full House speak its mind and not allow a minority of the most extreme voices in the House to block this bill even from being voted on—even from being voted on. This is a critical act for the House to move. It needs to move.”

Bipartisan support for Ukraine “sends a clear message to Ukrainians and to our partners and to our allies around the world: America can be trusted, America can be relied upon, and America stands up for freedom,” he said. “We stand strong for our allies. We never bow down to anyone, and certainly not to Vladimir Putin.”

“Supporting this bill is standing up to Putin. Opposing it is playing into Putin’s hands.”

“The stakes were already high for American security before this bill was passed in the Senate last night,” Biden said. “But in recent days, those stakes have risen. And that’s because the former President has sent a dangerous and shockingly, frankly, un-American signal to the world” Biden said, referring to Trump’s statement on Saturday night that he would “encourage [Russia] to do whatever the hell they want” to countries that are part of the North Atlantic Treaty Organization (NATO)—the 75-year-old collective security organization that spans North America and Europe—but are not devoting 2% of the gross domestic product to their militaries. 

Trump’s invitation to Putin to invade our NATO allies was “dumb,…shameful,…dangerous, [and] un-American,” Biden said. “When America gives its word, it means something. When we make a commitment, we keep it. And NATO is a sacred commitment.” NATO, Biden said, is “the alliance that protects America and the world.”

“[O]ur adversaries have long sought to create cracks in the Alliance. The greatest hope of all those who wish America harm is for NATO to fall apart. And you can be sure that they all cheered when they heard [what] Donald Trump…said.”

“Our nation stands at…an inflection point in history…where the decisions we make now are going to determine the course of our future for decades to come. This is one of those moments.

And I say to the House members, House Republicans: You’ve got to decide. Are you going to stand up for freedom, or are you going to side with terror and tyranny? Are you going to stand with Ukraine, or are you going to stand with Putin? Will we stand with America or…with Trump?”

“Republicans and Democrats in the Senate came together to send a message of unity to the world. It’s time for the House Republicans to do the same thing: to pass this bill immediately, to stand for decency, stand for democracy, to stand up to a so-called leader hellbent on weakening American security,” Biden said. 

“And I mean this sincerely: History is watching. History is watching.”

But instead of taking up the supplemental national security bill tonight, House speaker Johnson took advantage of the fact that Representative Steve Scalise (R-LA) has returned to Washington after a stem cell transplant to battle his multiple myeloma and that Judy Chu (D-CA) is absent because she has Covid to make a second attempt to impeach Homeland Security Secretary Alejandro Mayorkas for “high crimes and misdemeanors” for his oversight of the southern border of the United States. 

Republicans voted to impeach Mayorkas by a vote of 214 to 213. The vote catered to far-right Republicans, but impeachment will go nowhere in the Senate.

“History will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games,” Biden said in a statement. He called on the House to pass the border security measure Republicans killed last week on Trump’s orders, and to pass the national security supplemental bill.

House minority leader Hakeem Jeffries (D-NY) has said he will use every possible tool to force a vote on the national security supplemental bill. In contrast, as Biden noted, House Republicans are taking their cue from former president Trump, who does not want aid to Ukraine to pass and who last night demonstrated that he is trying to consolidate his power over the party by installing hand-picked loyalists, including his daughter-in-law, Lara Trump, who is married to his son Eric, at the head of the Republican National Committee (RNC). 

This move is likely due in part to outgoing RNC chair Ronna McDaniel’s having said the RNC could not pay Trump’s legal bills once he declared himself a presidential candidate. After his political action committees dropped $50 million on legal fees last year, he could likely use another pipeline, and even closer loyalists might give him one. 

In addition, Trump probably recognizes that he might well lose the protective legal bulwark of the Trump Organization when Judge Arthur Engoron hands down his verdict in Trump’s $370 million civil fraud trial. New York attorney general Letitia James is seeking not only monetary penalties but also a ban on Trump’s ability to conduct business in the New York real estate industry. In that event, the RNC could become a base of operations for Trump if he succeeds in taking it over entirely. 

But it is not clear that all Republican lawmakers will follow him into that takeover, as his demands from the party not only put it out of step with the majority of the American people but also now clearly threaten to blow up global security. “Our base cannot possibly know what’s at stake at the level that any well-briefed U.S. senator should know about what’s at stake if Putin wins,” Senator Thom Tillis (R-NC) told his colleagues as he urged them to vote for the national security supplemental bill.

Politicians should recognize that Trump’s determination to win doesn’t help them much: it is all about him and does not extend to any down-ballot races. 

Indeed, the attempt of a Republican minority to impose its will on the majority of Americans appears to be sparking a backlash. In today’s election in New York’s Third Congressional District to replace indicted serial liar George Santos, a loyal Trump Republican, voters chose Democrat Tom Suozzi by about 8 points. CNN’s Dana Bash tonight said voters had told her they voted against the Republican candidate because Republicans, on Trump’s orders, killed the bipartisan border deal. The shift both cuts down the Republican majority in the House and suggests that going into 2024, suburban swing voters are breaking for Democrats. 

As Trump tries to complete his takeover of the formerly grand old Republican Party, its members have to decide whether to capitulate.

History is watching.

Thom Hartmann scores a bulls-eye again with this article.

The American people want the borders to be secure; they want a controlled flow of legal immigrants. It’s up to Congress to establish adequate border security, screening, judges, and border patrol. The Republicans have refused to send additional funds to Ukraine or Israel without a plan for the border. In the Senate, the two parties were close to reaching agreement on a bipartisan deal for the border.

But then, after his victory in New Hampshire, Trump stepped in and told them to kill the almost final agreement. He wants the issue of immigration and border security alive and unresolved for his fall campaign. Terrified of the Wrath of Trump, Senate Republicans fell meekly into line.

Hartmann writes here about previous Republican presidential candidates and presidents who have cynically put their political self-interest above the national interest:

Once again, America and the world are watching with horror as a Republican candidate for president — just to win an election — manipulates world affairs in a way that will cause widespread death and destruction while damaging the interests and reputation of America.

There’s a long tradition of Republicans running for president committing what can best called treason, or at least criminal manipulation of international affairs, to advantage themselves and hurt incumbent Democratic presidents.

Yesterday, Mitch McConnell let the proverbial cat out of the bag. A bipartisan group of senators had been working on a bill to provide funding to Ukraine and Israel, with money for the southern border, and when it looked like they were going to produce something that would actually pass the House and Senate, Donald Trump inserted himself, telling the Republicans they should kill the bill.

Trump apparently wants to run on chaos at the border, and solving the problem as this legislation is intended to do would take that issue away from him. But he’s also explicitly opposed to any further US aid to Ukraine. This is a treasonous twofer, putting Trump’s election above the interests of the United States and world peace.

Trump, of course, knows that if it weren’t for Putin’s intervention in the 2016 election, he never would have been president. And he desperately needs a repeat to hold onto his fortune and stay out of jail: he’s in a far greater bind now than when he first ran for president as a hustle to get GE to pay him more for his TV show.

His 2016 Campaign Manager Paul Manafort, after all, admitted that during that election he was handing secret internal campaign polling and strategy information off to Russian intelligence, so they could successfully use it to micro-target vulnerable voters via Facebook, an effort that reached 26 million targeted Americans in 6 swing states.

Now, Trump wants Putin’s help again for 2024. He knows that Putin can do things from overseas, including using deepfakes and posing as Americans to spread explicit lies on social media, that would send people to prison for election interference if done here in the US.

Putin’s number one goal, of course, is to seize control of Ukraine while destabilizing western democracies. So, Trump, wanting Putin’s help, is now trying to deliver Ukraine to Putin by killing US aid.

This pattern of Republican presidential candidates criminally intervening in foreign policy just to win elections started in 1968 and has been a feature — not a bug — of every Republican president who succeeded in taking the White House since: it’s time to seriously discuss the five-decade-long problem we have with treasonous and illegitimate GOP presidents.

It started in 1968, when President Lyndon Johnson was desperately trying to end the Vietnam war. It had turned into both a personal and political nightmare for him, and his vice president, Hubert Humphrey, who was running for President in the election that year against a “reinvented” Richard Nixon.

Johnson spent most of late 1967 and early 1968 working back-channels to North and South Vietnam, and by the summer of 1968 had a tentative agreement from both for what promised to be a lasting peace deal they’d both sign that that fall.

But Richard Nixon knew that if he could block that peace deal, it would kill VP Hubert Humphrey’s chances of winning the 1968 election. So, Nixon sent envoys from his campaign to talk to South Vietnamese leaders to encourage them not to attend upcoming peace talks in Paris.

Nixon promised South Vietnam’s corrupt politicians that he’d give them a personally richer deal when he was President than LBJ could give them then.

The FBI had been wiretapping South Vietnam’s US agents and told LBJ about Nixon’s effort to prolong the Vietnam War. Thus, just three days before the 1968 election, President Johnson phoned the Republican Senate leader, Everett Dirksen, (you can listen to the entire conversation here):

President Johnson: Some of our folks, including some of the old China lobby, are going to the Vietnamese embassy and saying please notify the [South Vietnamese] president that if he’ll hold out ’til November 2nd they could get a better deal. Now, I’m reading their hand. I don’t want to get this in the campaign. And they oughtn’t to be doin’ this, Everett. This is treason.

Sen. Dirksen: I know.

Those tapes were only released by the LBJ library in the past decade, and that’s Richard Nixon who Lyndon Johnson was accusing of treason.

At that point, for President Johnson, it was no longer about getting Humphrey elected. By then Nixon’s plan had already worked and Humphrey was being wiped out in the polls because the war was ongoing.

Instead, Johnson was desperately trying to salvage the peace talks to stop the death and carnage as soon as possible. He literally couldn’t sleep.

In a phone call to Nixon himself just before the election, LBJ begged him to stop sabotaging the peace process, noting that he was almost certainly going to win the election and inherit the war anyway. Instead, Nixon publicly said LBJ’s efforts were “in shambles.”

But South Vietnam had taken Nixon’s deal and boycotted the peace talks, the war continued, and Nixon won the White House thanks to it.

An additional twenty-two thousand American soldiers, and an additional million-plus Vietnamese died because of Nixon’s 1968 treason, and he left it to Jerry Ford to end the war and evacuate American soldiers.

Nixon was never held to account for that treason, and when the LBJ library released the tapes and documentation long after his and LBJ’s deaths it was barely noticed by the American press.

Gerald Ford, who succeeded Nixon, was never elected to the White House (he was appointed to replace VP Spiro Agnew, after Agnew was indicted for decades of taking bribes), and thus would never have been President had it not been for Richard Nixon’s treason. He pardoned Nixon.

Next up was Ronald Reagan.

During the Carter/Reagan election battle of 1980, then-President Carter had reached a deal with newly-elected Iranian President Abdolhassan Bani-Sadr to release the fifty-two hostages held by students at the American Embassy in Tehran.

Bani-Sadr was a moderate and, as he explained in an editorial for The Christian Science Monitor, successfully ran for President of Iran that summer on the popular position of releasing the hostages:

“I openly opposed the hostage-taking throughout the election campaign…. I won the election with over 76 percent of the vote…. Other candidates also were openly against hostage-taking, and overall, 96 percent of votes in that election were given to candidates who were against it [hostage-taking].”

Carter was confident that with Bani-Sadr’s help, he could end the embarrassing hostage crisis that had been a thorn in his political side ever since it began in November of 1979.

But behind Carter’s back, the Reagan campaign worked out a deal with the leader of Iran’s radical faction — Supreme Leader Ayatollah Khomeini — to keep the hostages in captivity until after the 1980 Presidential election. Khomeini needed spare parts for American weapons systems the Shah had purchased for Iran, and Reagan was happy to promise them.

This is the story that was finally confirmed just last year with The New York Times’ reporting that we now know how the deal was conveyed to the Ayatollah and by whom, including the lieutenant governor of Texas.

This was the second modern-day act of treason by a Republican wanting to become president.

The Reagan campaign’s secret negotiations with Khomeini — the so-called “Iran/Contra October Surprise” — sabotaged President Carter’s and Iranian President Bani-Sadr’s attempts to free the hostages.

As President Bani-Sadr told The Christian Science Monitor in March of 2013:

“After arriving in France [in 1981], I told a BBC reporter that I had left Iran to expose the symbiotic relationship between Khomeinism and Reaganism.

“Ayatollah Khomeini and Ronald Reagan had organized a clandestine negotiation, later known as the ‘October Surprise,’ which prevented the attempts by myself and then-US President Jimmy Carter to free the hostages before the 1980 US presidential election took place. The fact that they were not released tipped the results of the election in favor of Reagan.”

And Reagan’s treason — just like Nixon’s treason — worked perfectly.

The Iran hostage crisis continued and torpedoed Jimmy Carter’s re-election hopes. And the same day Reagan took the oath of office — to the minute, as Reagan put his hand on the bible, by way of Iran’s acknowledging the deal — the American hostages in Iran were released.

Keeping his side of the deal, Reagan began selling the Iranians weapons and spare parts in 1981, and continued until he was busted for it in 1986, producing the so-called “Iran/Contra” scandal.

But, like Nixon, Reagan was never held to account for the criminal and treasonous actions that brought him to office. Which is one reason Bush Jr. and Trump believed they could get away with anything.

After Reagan — Bush senior was elected — but like Jerry Ford — Bush was really only President because he served as Vice President under Reagan. And, of course, the naked racism of his Willie Horton ads helped boost him into office.

The criminal investigation into Iran/Contra came to a head with independent prosecutor Lawrence Walsh subpoenaing President George HW Bush after having already obtained convictions for Weinberger, Ollie North and others.

And Walsh was now looking into actual criminal activity by Bush himself in support of the Iran/Contra October Surprise.

Bush’s attorney general, Bill Barr, suggested he pardon them all to kill the investigation and protect himself, which Bush did.

The screaming headline across the New York Times front page on December 25, 1992, said it all: “BUSH PARDONS 6 IN IRAN AFFAIR, AVERTING A WEINBERGER TRIAL; PROSECUTOR ASSAILS ‘COVER-UP’”

And if the October Surprise hadn’t hoodwinked voters in 1980, you can bet Bush senior would never have been elected in 1988. That’s four illegitimate Republican presidents.

Which brings us to George W. Bush, the man who was given the White House by five right-wing justices on the Supreme Court.

In the Bush v. Gore Supreme Court decision in 2000 that stopped the Florida recount — and thus handed George W. Bush the presidency — Justice Antonin Scalia wrote in his opinion:

“The counting of votes … does in my view threaten irreparable harm to petitioner [George W. Bush], and to the country, by casting a cloud upon what he [Bush] claims to be the legitimacy of his election.”

Apparently, denying the presidency to Al Gore, the guy who actually won the most votes in Florida and won the popular vote nationwide by over a half-million, did not constitute “irreparable harm” to Scalia or the media.

And apparently it wasn’t important that Scalia’s son worked for a law firm that was defending George W. Bush before the high court (with no Scalia recusal).

Just like it wasn’t important to mention that Justice Clarence Thomas’s wife worked on the Bush transition team — before the Supreme Court shut down the recount in Florida — and was busily accepting resumes from people who would serve in the Bush White House if her husband stopped the recount in Florida…which he did. (No Thomas recusal, either.)

More than a year after the election a consortium of newspapers including The Washington Post, The New York Times, and USA Today did their own recount of the vote in Florida — manually counting every vote in a process that took almost a year — and concluded that Al Gore did indeed win the presidency in 2000.

As the November 12th, 2001 article in The New York Times read:

“If all the ballots had been reviewed under any of seven single standards and combined with the results of an examination of overvotes, Mr. Gore would have won.”

That little bit of info was slipped into the seventeenth paragraph of the Times story so that it would attract as little attention as possible because the 9/11 attacks had happened just weeks earlier and journalists feared that burdening Americans with the plain truth that George W. Bush actually lost the election would further hurt a nation already in crisis.

To compound the crime, Bush could only have gotten as close to Gore in the election as he did because his brother, Florida Governor Jeb Bush, had ordered his Secretary of State, Kathrine Harris, to purge at least 57,000 mostly-Black voters from the state’s voter rolls just before the election. Thousands of African Americans showed up to vote and were turned away from the polls in that election in Florida that Bush “won” by fewer than 600 votes.

The simple reality is that Al Gore won Florida in 2000, won the national popular vote by a half-million, and five Republicans on the Supreme Court denied him the presidency.

Florida Governor and George W. Bush’s brother Jeb had his Secretary of State, Kathryn Harris, throw thousands of African Americans off the voting rolls just before the election but then — when the votes had come in and it was clear former Vice President Al Gore had still won — she invented a brand new category of ballots for the 2000 election: “Spoiled.”

As The New York Times reported a year after the 2000 election when the consortium of newspapers they were part of finally recounted all the ballots:

“While 35,176 voters wrote in Bush’s name after punching the hole for him, 80,775 wrote in Gore’s name while punching the hole for Gore. [Florida Secretary of State] Katherine Harris decided that these were ‘spoiled’ ballots because they were both punched and written upon and ordered that none of them should be counted.

“Many were from African American districts, where older and often broken machines were distributed, causing voters to write onto their ballots so their intent would be unambiguous.”

George W. Bush “won” the election by 537 votes in Florida, because the statewide recount — which would have revealed Harris’s crime and counted the “spoiled” ballots, handing the election to Gore (who’d won the popular vote by over a half-million nationwide) — was stopped when George HW Bush appointee Clarence Thomas became the deciding vote on the Supreme Court to block the recount order from the Florida Supreme Court.

Harris’ decision to not count the 45,599 more votes for Gore than Bush was completely arbitrary: there was no legal category and no legal precedent, outside of the old Confederate states simply refusing to count the votes of Black people, to justify it.

The intent of the voters was unambiguous. And the 5 Republicans on the Supreme Court jumped in to block the recount ordered by the Florida Supreme Court (in violation of the 10th Amendment) just in time to prevent those “spoiled” votes from being counted, cementing Bush’s illegitimate presidency.

So, for the third time in 4 decades, Republicans took the White House under illegitimate electoral circumstances. Even President Carter was shocked by the brazenness of that one. And Jeb Bush and the GOP were never held to account for that crime against democracy.

To get re-elected in 2004, Bush used an old trick: become a “wartime president.” In 1999, when George W. Bush decided he was going to run for president in the 2000 election, his parents hired Mickey Herskowitz to write the first draft of Bush’s autobiography, A Charge To Keep.

Although Bush had gone AWOL for about a year during the Vietnam war and was thus apparently no fan of combat, he’d concluded (from watching his father’s “little 3-day war” with Iraq) that being a “wartime president” was the most consistently surefire way to get reelected and have a two-term presidency.

“I’ll tell you, he was thinking about invading Iraq in 1999,” Herskowitz told reporter Russ Baker in 2004.

“One of the things [Bush] said to me,” Herskowitz said, “is: ‘One of the keys to being seen as a great leader is to be seen as a commander-in-chief. My father had all this political capital built up when he drove the Iraqis out of (Kuwait) and he wasted it.

“[Bush] said, ‘If I have a chance to invade Iraq, if I had that much capital, I’m not going to waste it. I’m going to get everything passed I want to get passed and I’m going to have a successful presidency.’”

Bush lying us into that war was an act of treason against America that cost 900,000 Iraqi lives, over 7,000 American lives (on the battlefield: veterans are still committing suicide daily), and over $8 trillion added to the national debt.

But it did what it was supposed to do: it got Bush re-elected in 2004.

Which brings us to this year’s election.

In 2016, Trump ally Kris Kobach and Republican Secretaries of State across the nation used Interstate Crosscheck to purge millions of legitimate voters — most people of color — from the voting rolls just in time for the Clinton/Trump election.

Meanwhile, Russian oligarchs and the Russian state, and possibly pro-Trump groups or nations in the Middle East, are alleged to have funded a widespread program to flood social media with pro-Trump, anti-Clinton messages from accounts posing as Americans, as documented by Robert Mueller’s investigation.

It was so blatant that it provoked the U.S. Intelligence Community’s assessment of their similar actions during the 2020 election (done while Trump was still president but released in March, 2021) pretty much declaring Trump a “Russian asset.”

It was a repeat, in many ways (albeit unsuccessful this time) of the Russian efforts in 2016. Then, as mentioned, Republican campaign data on the 2016 election, including which states needed a little help via phony influencers on Facebook and other social media, was not only given to Konstantin Kilimnik by Paul Manafort, but Kilimnik transferred it to Russian intelligence.

And now Trump is trying to exacerbate a crisis on our southern border and screw Ukraine in a way that will lead to mass causalities and disrupt the international order — all to give Putin what he wants — the same way Nixon used Vietnam, Reagan used Iran, and Bush used Iraq, just to win a damn election.

While we can’t rewrite history, at least we can try to prevent it from being repeated. Call your members of Congress — your representative and both your senators — and let them know if you agree that Ukraine aid and resolving the issue at the southern border shouldn’t be held hostage to Trump’s need for Putin’s help and approval.

The number for the congressional switchboard is: 202-224-3121.

It’s way past time that America ceased to be the dog wagged by the tail of corrupt Republicans who want to be president.

Attorney General Merrick Garland appointed Robert K. Hur as Special Counsel to investigate the documents that President Biden retained after he left office in early 2017.

Hur released his report, and he exonerated Biden of any criminal behavior.

But his report included scathing comments about Biden, disparaging his mental acuity.

Consider the disparate treatment of Biden and Trump. Biden promptly returned any documents; Trump resisted the government’s demand for his top secret, highly classified documents. Biden sat for a five-hour interview; Trump, to our knowledge, never submitted to an interview. So far as we know, Biden did not retain highly classified documents as Trump did.

So why the ad hominem comments that damage Biden politically?

Huffington Post did a quick summary of Robert Hur’s background.

Hur, a Republican, served as U.S. attorney of Maryland from 2018 to 2021, after being appointed by former President Donald Trump’s attorney general, Jeff Sessions. He previously clerked for two well-known conservative judges, including archconservative Supreme Court Justice William Rehnquist.

Hur left his U.S. attorney post in 2021 to become a partner at the D.C.-based law firm Gibson Dunn. He was there until last January, when Attorney General Merrick Garland tapped him to oversee the department’s probe into Biden’s alleged mishandling of classified materials.

“Mr. Hur has a long and distinguished career as a prosecutor,” Garland said when announcing Hur as his pick for special counsel. “I am confident that Mr. Hur will carry out his responsibility in an even-handed and urgent manner, and in accordance with the highest traditions of this Department.”

As Hur’s investigation of Biden began, he vowed to carry it out “with fair, impartial, and dispassionate judgment.”

“I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service,” he said at the time.

While Hur ultimately cleared Biden of any wrongdoing, he knocked the president’s mental acuity ― a detail that some Democrats said was extraneous, strange and unfair…

Hur’s mandate “was to judge whether a crime was committed… not speculate on what the jury would do, not to speculate on how full or sharp Joe Biden’s mind is,” Sen. Richard Blumenthal (D-Conn.) similarly said.

Prior to being U.S. attorney, Hur was an assistant U.S. attorney for Maryland for seven years. He also clerked for Rehnquist and for former Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit.

Kozinski is perhaps best known for stepping down in disgrace in 2017 after more than a dozen former female law clerks and staffers accused him of sexual harassment and abuse.

Garland’s belief that Hur would carry out his assignment in an “even-handed” way “in accordance with the highest traditions” of the Justice Department was misplaced. Hur’s pledge that he would deliver a report that was “fair, impartial, and dispassionate” was untrue.

Garland wanted to demonstrate his integrity by choosing an investigator with sterling conservative credentials.

He would have been far wiser to have chosen a career prosecutor known for integrity and a nonpolitical history, never having been appointed by a Democrat or a Republican.

Sometimes bending over backwards to prove your own fairness can go to extremes.

Twenty-five of the nation’s leading historians submitted an amici curiae brief in support of the decision by Colorado’s Supreme Court to disqualify Donald Trump as a candidate for the Presidency. The signers are scholars of the Reconstruction era, when the Fourteenth Amendment was written. They address with admirable clarity the issues in the case.

The issue they did not address is the one the Supreme Court justices focused on: can one state remove a candidate from its ballot? Would this create incentive for Trump states to remove Biden? Would this lead to chaos, a Trump specialty?

This is the language at the center of the case:

Fourteenth Amendment Equal Protection and Other Rights

  • Section 3 Disqualification from Holding OfficeNo person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The lower court in Colorado ruled against disqualification on the grounds that the President of the United States is not “an officer” of the federal government. As it happens, the issue was discussed by members of Congress when they wrote Section 3 of the Fourteenth Amendment.

Some of Trump’s defenders claim that Congress never passed any enabling legislation. This issue was debated by Congress at the time.

The brief is interesting reading.

The Arkansas Times, one of those super-valuable local news sites, reported on a plush political deal. The state awarded a no-bid contract to a business called ClassWallet to administer voucher funds. Parents submit bills, and ClassWallet pays them. Surprisingly (or not), ClassWallet employs the same lobbyist who represents former Governor Mike Huckabee, father of current Governor Sarah Huckabee Sanders. What a coincidence!

ClassWallet — the vendor given a lucrative contract to manage the banking side of Arkansas LEARNS school vouchers — employs a lobbyist who also represents a political action committee for former Gov. Mike Huckabee, the father of current Gov. Sarah Huckabee Sanders.

The Arkansas Department of Education did not seek competitive bids last year before awarding the contract to manage the inaugural phase of the state’s “Education Freedom Accounts” to Kleo Inc. of Florida, a company that does business under the name ClassWallet. That contract is expected to earn ClassWallet more than $1 million in its first year.

A quick look at the Arkansas secretary of state’s website shows that ClassWallet is represented by the lobbying firm Legacy Consulting, who also lobbies for Huck PAC Inc., former Gov. Huckabee’spolitical vehicle.

Additionally, Legacy Consulting was founded by Chad Gallagher, Mike Huckabee’s former political advisor.

The contract to administer school voucher finances for LEARNS’ second year recently went out for a bid, garnering five out-of-state contenders, including ClassWallet. The winning vendor stands to earn about $2.4 million in service fees during the 2024-25 school year alone…

ClassWallet currently manages voucher programs in five states: Arizona, Indiana, Missouri, New Hampshire and North Carolina. The company is considered a leader in its field, but it is not without its controversies.

The state of Oklahoma filed a lawsuit against ClassWallet on Jan. 29 of this year for failing to prevent education funds from being misspent. According to a Jan. 31 article from The Oklahoman, this is the second time ClassWallet has been sued by the state.

In the first lawsuit filed by the state of Oklahoma in 2022, federal and state audits found $1,500 grants meant to be used for educational expenses were instead spent on kitchen appliances, power tools, video game consoles and other non-educational items. The lawsuit claimed that about $1.7 million was misused.

In response, ClassWallet denied any wrongdoing. Federal and state auditors said government officials, not ClassWallet, were at fault for failing to put proper guardrails in place. Oklahoma’s attorney general dropped the initial lawsuit, but Oklahoma Gov. Kevin Stitt announced last month that he’s refiling the complaint.

Open the link and read the story, written by Arkansas Times reporter Jeannie Roberts.

Donald Trump has delayed his trial on charges that he tried to overturn the 2020 election by claiming that he enjoys “presidential immunity” for everything he did while in office. The federal district judge hearing his case—Judge Tanya S. Chutkan— ruled against him. Today a three-judge federal appeals court ruled against him. The three judges were two appointed by Democratic presidents and one appointed by a Republican president.

It is a historic decision. It is a history lesson of the utmost importance.

I urge you to read it.

It is a stirring defense of democracy and the rule of law.

A few citations:

For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution…

We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed. We conclude that ‘Concerns of public policy, especially as illuminated by our history and the structure of our government’ compel the rejection of his claim of immunity in this case…

We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly ‘official’ action that he took as President—a contention that is unsupported by precedent, history or the text and structure of the Constitution. Finally, we are unpersuaded by his argument that this prosecution is barred by ‘double jeopardy principles.’

The justices ruled that what Trump sought (immunity from prosecution) was an unprecedented assault on the structure of our government…

We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results. Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count…

It would be a striking paradox if the President, who alone is vested with the constitutional duty to “take Care that the laws be faithfully executed,” were the sole officer capable of defying those laws with impunity…

The quadrennial Presidential election is a crucial check on executive power because a President who adopts unpopular policies or violates the law can be voted out of office.

We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power—the recognition and implementation of election results. Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count.

Former President Trump’s alleged efforts to remain in power despite losing the 2020 election were, if proven, an unprecedented assault on the structure of our government. He allegedly injected himself into a process in which the President has no role—the counting and certifying of the Electoral College votes—thereby undermining constitutionally established procedures and the will of Congress …

At bottom, former President Trump’s stance would collapse our system of separated powers by placing the President beyond the reach of all three Branches. Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter. Careful evaluation of these concerns leads us to conclude that there is no functional justification for immunizing former Presidents from federal prosecution in general or for immunizing former President Trump from the specific charges in the Indictment. In so holding, we act, “not in derogation of the separation of powers, but to maintain their proper balance.”

The judges pointed out that other presidents have recognized that they were not immune from prosecution after they left office. That’s why President Ford pardoned President Nixon and why President Clinton accepted a deal to pay a fine and surrender his law license when he left office.

They noted the irony that the President is sworn to Take Care that the laws are faithfully executed yet was appealing to be immune from those laws.

It’s a good read.

Thomas Mills, a blogger in North Carolina, describes the hoax of “vouchers for all” in his state. Vouchers began as a way to offer new opportunity to poor kids. But since the General Assembly removed income caps on voucher families, vouchers have become a subsidy for rich kids who never attended public schools. The Republicans who passed universal vouchers knowingly and cynically turned them into a subsidy for the wealthy, a reverse Robin Hood scheme.

Mills writes:

This week, the North Carolina Opportunity Scholarship Program, also known as the voucher scheme, began accepting applications. House Speaker Tim Moore tweeted, “The expanded NC Opportunity Scholarship Program is now open for applications! In fact, the website was so inundated that it crashed at 12:15 am, shortly after going live. Thanks to the NC General Assembly, ALL families of K-12 students are now eligible to apply.”

When Moore says “ALL families,” he’s referring to wealthy families since the legislature eliminated the income cap for the vouchers. The site crashed because North Carolina has so many people already in private schools who now are eligible for state subsidized education. Rich folks who send their children to private schools are about to get a windfall while poor schools are going to lose funding. It’s Robin Hood in reverse.

The whole program is a scam, the epitome of a bait-and-switch. Republicans pushed through their voucher program as a way to level the playing field, offering poor families a way to send their children to private schools when public schools weren’t working for them. Now, they’re saying that families that don’t send their children to public schools shouldn’t have to pay for them. They have dropped any pretense of helping struggling families and moved straight to subsidizing rich people. According to Republicans, rich people have no community obligations.

Let’s be clear. The name “Opportunity Scholarship” is pure propaganda. There are two types of scholarships, need-based and merit-based. Giving vouchers to rich people just because they decide not to send their kids to public schools is a tax break, not a scholarship. And it’s a tax break designed for wealthy people at the expense of poor people.

Republicans are working hard to damage public schools. They fundamentally don’t believe in the responsibility of the state to provide a sound, basic education. They have cut per pupil spending, let teacher pay lag, and reduced support staff in schools. They’ve tried to dictate curriculum to indoctrinate students in a conservative philosophy, all while claiming public schools are brainwashing our kids with left wing ideas. They’ve left us with demoralized teachers and overworked staff and our children are paying the price.

Now, the state Supreme Court is about to get into the act, too. Thirty years ago, a group of students from North Carolina’s poor counties sued the state, claiming that their school systems lacked the funding to provide the quality of education that the state constitution demands. They won their suit and, since that time, the courts have reviewed funding to ensure that poor counties got the money they deserve.

However, with a new court dominated by far-right Republicans, the decision may be overturned. Chief Justice Paul Newby and his band of conservatives justices have not been shy about throwing out precedent, giving new meaning to an activist court. They will decide if the most recent allocation determined by the court will be rescinded. The GOP legislature contends that the court has no business telling the lawmakers how to spend tax dollars.

If the Republicans win, they will have essentially reinterpreted the constitution. Article 9, Section 2 of the constitution reads, “The General Assembly shall provide by taxation and otherwise for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students.” Traditionally, the court has interpreted the “uniform system” of “equal opportunities” to mean the quality of education should be as good in poor counties as it is in rich ones. The GOP would render the clause either aspirational or maybe just a suggestion, despite the word “shall.”

The assault on public education in North Carolina is unprecedented and radical. Republicans aren’t just making cuts around the edges. They are changing the way we view public schools and our collective responsibilities. They are shifting resources and increasing the burden of financial responsibility on the poor while reducing the funds from the rich, just like they did with our tax system.

Ironically, the people who suffer the most are the people who make up the GOP base. Rural counties will watch their tax dollars go to wealthy families in urban and suburban areas while their public schools will suffer from increasing lack of revenue. Of course, Republican donors will almost certainly benefit. As they say, partisanship is a helluva drug.

Florida blogger Billy Townsend was delighted to see Ron DeSantis get booted from the Republican primaries after the Iowa caucuses. DeSantis had large ambitions, thinking that the nation wanted his harsh rightwing policies. But he made the mistake of thinking he could run to the right of Trump. There’s no space there.

Billy hopes that voters saw through the hype about “the Florida Blueprint” and DeSantis’s promise to “Make America Florida.”

Before the primaries, in March 2023, he predicted that DeSantis would flounder, and he was right:

The same Florida state “government” of gangsters that destroyed the Florida state education system will invade the United States of America in 2024. Whoever wins this civil war-as-referendum — the gangsters or the country — will control the U.S. Military and federal law enforcement power.

We don’t know who will command Florida’s invasion yet — tiny Emperor Ron DeSantis (with his pseudo VP Jeb Bush) or Florida-ism’s Pope Donald Trump. But it makes no difference. Whoever wins their gross song of ice and fire will then lead Florida’s army of the dead right toward Colorado and Wisconsin and Pennsylvania.

Florida’s political and cultural invasion of the country should be laughable. The Florida “blueprint” has made us a hollowed out shell of a state — pleasantly livable for people with capital (like me) because a few big private interests team up to “govern” our warm spaces enjoyably for customers who can pay. And a few cities, like mine (Lakeland), which is blessed with a money-belching socialist power utility, create a nice and warm urban experience.

But as a state, rather than a vacation destination, retirement home, or temporary crash pad for remote workers and tech bros, we are: extremely high cost, extremely low wage, extremely corrupt, high inflation, nation’s worst education “learning rate,” bad public service, high crime, low birth rate, high and spiking abortion rate, and very very old.

If America fully grasps that Florida Blueprint by 2024, I feel quite certain that we will repulse this absurd invasion-by-mafia. The referendum on Florida should not be a close run affair.

But our worst American billionaires and mouthiest showboating sheriffs like hollowed out states; and they far prefer mafias to unions or citizens mobilized politically around public good.

Florida is their model state for decadent capital cut free from any public oversight, public good, or sense of shared citizenship. And they will try to impose that Florida on everybody else by pretending that Florida is not Florida. Anti-civic capital is often dumb. But it’s heavily armed; and it has great sway — although not total away — over what the public is told.

Crushing Florida’s invasion — explicitly rejecting the failed “Florida Blueprint” at the national level — is crucial to any effort to reform Florida at home. The Florida Blueprint must culminate, in the military sense, as an expansive political force. That’s the sine qua non of Florida’s future…

The MAGA Pope thrashed the Tiny Emperor

Well, MAGA Pope Trump’s GOP smashed the tiny emperor’s irrationally cocky army of Pushaws and private jet jockeys as easily as Trump gropes unwilling women. (Sorry Trumpers, he is who he is. I can’t make your citizenship choices for you. But you will own them. Expect no moral mercy or understanding from me this time around.)

Trump’s formally adjudicated sexual abuse and Capitol Lynch Mob leadership aside, his defenestration of DeSantis is a useful first step. It’s good for Florida and America.

Even better, when America as a whole saw the “Florida Blueprint” personified by Gov. High Heels, America as a whole rejected Gov. Pudding Fingers thoroughly and humiliatingly, with the national contempt growing almost by the moment. Watching DeSantis in the polls has been like watching the Enron stock price circa October 2001 (go Google it, youngs).

Yes, in large part, that’s because he’s personally very weird and off-putting and cruel in the way that people who torture cats are weird and off-putting and cruel.

But it was also because Florida, as a model for America, got a thorough thrashing — including by Trump himself. Of all people, Florida Man Bonesaw Jesus himself attacked the Florida Model of “governing” a week or two after I published my piece.

He sounded just like me. LOL. I’d bet a lot of money his gross people read my stuff.

The GOP primary campaign ended that day, with the Trump campaign’s unanswered dismantling of Florida as an expansive idea. A loooooonnnnnng, slow humiliation ensued, tempered only by extensive luxury travel.

In some ways Trump is now running as the ultimate Florida man — full of gross indulgence and utterly devoid of any concern for the state where he lives. Only a Florida Man would have the chutzpah to run against Florida from Florida when the party he owns has been in power here for a generation…

Anyway, ya’ll will generally share my mirth for now in laughing at DeSanctimonious. We can do that together. Trump gives you permission.

But then you’re all gonna try to convince yourselves it’s fine to line up behind a more senile version of the Zieglers writ large — the Capitol Lynch Mob leader with a terrible economic record, a jury-adjudicated sexual abuser, a criminal openly running on “retribution” and “dictatorship on Day 1,” who you all know would rape your wife and daughter and force them to have an abortion after getting rid of Roe v. Wade.

You’re going to line up meekly and pathetically behind the idol who defiled your religion and turned it against Jesus Christ Himself.

If you are enjoying the news from Florida, open the link and keep reading.

I am posting this article because I enjoyed reading it, and I think you will too. It was written by a former colleague of mine at New York University, Jonathan Zimmerman. Jon is now on the faculty at the University of Pennsylvania. He and I sometimes disagreed, but I always admired his deep learning and his collegiality.

In this article, he addresses a phenomenon of which I was unaware: a new movement to close down the Peace Corps by partisans on both the right and left, with those on the left accusing Peace Corps volunteers of acting like “white saviors.”

In this article, Zimmerman examines the controversy from his unique perspective: Both of his parents joined the Peace Corps as soon as President John F. Kennedy created it, and he and his siblings grew up in the countries where they were stationed. When he came of age, he too enrolled in the Peace Corps and served in Nepal. He shares what he taught and what he learned.

It’s a good read.