A Dark Day in Arkansas As Court Rejects Abortion Referendum

By dianeravitch
August 23, 2024 //
6

The majority of the Supreme Court of Arkansas opposes abortion. So, they blocked a referendum on abortion access on flimsy technical grounds. Democracy, be damned in Arkansas. To read the background and the Court’s opinions, please open the link.

The Arkansas Times reported:

The Arkansas Supreme Court today likely drove a final stake through the heart of a ballot initiative to restore abortion rights in Arkansas. In a 4-3 decision, the court denied the request from the group backing the measure to restart the review process after the secretary of state preemptively disqualified the group last month due to a piece of paperwork the group failed to include in its final submission of the petition.

Despite collecting signatures from more than 100,000 Arkansans — and despite the fact that the plain language of the statutes appeared to show that the review process for the petition should have continued — the court ruled that paperwork omission was fatal to the group’s effort. 

For those following the case, this has always been the fear: Even if the law was on their side, the majority of the court opposes abortion. Ultimately the law is what the Supreme Court says it is. Among the grab-bag of flimsy arguments offered by Attorney General Tim Griffin, they found a couple they could stretch to suit the purpose of disqualifying the abortion petition.

In a blistering dissent, Associate Karen Baker took the majority to task for their descent into Calvinball:

Even a cursory review of how the present ballot initiative has progressed since its inception demonstrates that both the respondent and the majority have treated it differently for the sole purpose of preventing the people from voting on this issue.

“Today is a dark day in Arkansas,” said Rebecca Bobrow, a spokesperson for Arkansans for Limited Government (AFLG), the group leading the petition effort. “This morning, by a vote of 4-3, the Arkansas Supreme Court upheld Secretary Thurston’s disqualification of the Arkansas Abortion Amendment. More than 102,000 Arkansas voters exercised their constitutionally protected right to engage in direct democracy by signing the petition to get the Arkansas Abortion Amendment on the ballot. The Court’s majority ratifies Secretary Thurston’s decision to silence those voices.”

Theoretically, AFLG could file a lawsuit in federal court. But for procedural and timing reasons, that is extremely unlikely to help. In all likelihood, it’s over: Citizens will not have the opportunity to vote to restore abortion rights in November.

Categories Accountability, Arkansas, Democracy, Education Reform, Gender, Health

Elie Honig: What Will Happen to Jack Smith’s Case Against Trump Now?

By dianeravitch
August 23, 2024 //
2

Elie Honig is a former federal prosecutor who writes at a site called Cafe, where he and other legal experts follow and explain Trump’s legal entanglements. In this post, he speculates on how Jack Smith’s effort to hold Trump accountable for his efforts to overturn the 2020 election might fare in the months ahead.. Note that he points out that the investigation was hampered by the very late start of the U.S. Justice Department.

He writes:

Dear Reader,

I remember vividly the first time I lost a key piece of evidence. The NYPD had caught our defendant in Washington Heights with a fake police badge around his neck and a loaded gun in his waistband, and we charged him with federal firearms and armed robbery conspiracy crimes. Better yet (for us on the prosecution side), we flipped a cooperating witness who would testify that he and the defendant had committed two prior armed robberies together by posing as cops and ripping off drug dealers.

A week or so before trial began, the judge held a conference to handle routine pre-trial housekeeping. I confidently laid out the cooperator’s expected testimony. “That’s out,” the judge ruled, nonchalantly. “Too prejudicial.” For those who think that every judicial decision is rendered in scholarly prose, replete with probing analysis and citations to applicable precedent: welcome to the real world.

It was a kick in the gut. “That’s such bullshit. He can’t do that,” I whined afterwards. “Sure he can,” my supervisor responded. “He’s the judge.”

My experience is a tiny-potatoes version of what the U.S. Supreme Court has done to Special Counsel Jack Smith and his 2020 election subversion case against Donald Trump. The Court declared, for the first time in our history, that a president is entitled to criminal immunity for official acts. That part was no surprise; the law has long recognized civil immunity, and the justices during oral argument seemed in no mood to affirm the lower courts’ outright rejection of Trump’s claim.

But the breadth of the Supreme Court’s decision was astonishing. The majority held, for example, that “in dividing official from unofficial conduct, courts may not inquire into the President’s motives.” (It remains unclear exactly how a judge is supposed to draw that vital distinction.) And the Court ruled that if conduct is immune, prosecutors can’t base a criminal charge on it – nor can they mention it at all during trial, even as necessary context or background.

Now the case has landed back in trial court, before Judge Tanya Chutkan. She originally wanted the parties back before her today, but Smith asked for a few more weeks to gather his thoughts; he clearly has accepted that there won’t be a pre-election trial, despite his prior dogged efforts. Trump’s counsel, ever intent on slowing things down, happily consented to the prosecution’s request for delay. When Court reconvenes on September 5, it’ll be up to the Judge to pick through the wreckage and figure out what can be salvaged.

On that question, the Supreme Court has offered pointed guidance, and it bodes poorly for the core of Smith’s indictment. Trump’s effort to coerce the Justice Department to gin up proof of non-existent election fraud? Almost certainly an “official act,” and therefore immune and out of the case altogether. Trump’s pressure campaign aimed at his vice president, Mike Pence? Probably out. And Trump’s public statements, including his tweets and January 6 Ellipse speech? Likely toast, too.

The Supreme Court conspicuously reminded Judge Chutkan that it’s unimpressed with her work so far and will be watching her closely. The justices in the majority blasted the lower courts for “the expedition of this case, the lack of factual analysis… and the absence of pertinent briefing by the parties.” Indeed, as we’ve noted here before, Smith, Chutkan, and the intermediate appeals court judges tried to shortcut ordinary process to get Trump tried before the election; the Supreme Court noticed and disapproved. Most importantly on the vital timing issue, the Court has specified that Trump can appeal Judge Chutkan’s decisions about what conduct is (and is not) immune, before trial starts. That means, as a practical matter, there’s a zero-point-zero percent chance this trial happens before the November 2024 election.

If you’ve been hoping that Trump faces accountability for trying to steal the 2020 election before voters head to the polls for the next one, don’t despair – not fully, anyway. (For the record, I’m with you. The real problem is that DOJ took over two-and-a-half years to charge the case.) Judge Chutkan still can – and I believe will – order an evidentiary hearing to enable Smith to air some of his most explosive evidence, before voters head to the polls.

The Judge now must sift through the prosecution’s evidence and determine how much of Trump’s alleged conduct was an official act (and therefore immune), and which conduct can remain in the case. She has some leeway here. The Judge could opt to take “proffers” from both sides – detailed statements by the lawyers about what they expect their evidence to show. That’s a little flat, but it’s also perfectly permissible and efficient. And then there’s the more sensational alternative: the Judge can permit Smith to call live witnesses to expound from the stand on what their trial testimony would be.

I expect Smith to push for door number two, and Judge Chutkan to agree. If that happens, brace for a series of dramatic in-court encounters. We could see Trump’s former chief of staff, Mark Meadows, take the stand to give his first-ever public accounting of what his boss did (and didn’t do) before and on January 6. And Mike Pence could testify about how Trump begged and eventually threatened him in an effort to get him to throw the election – and how, on January 6, he had to run for his life to avoid the frothing mob.

No, an evidentiary hearing won’t hit nearly as hard as a jury trial and verdict. And we won’t actually see or hear any of it, because federal courts don’t permit cameras or live audio streaming. (Fair enough, given that it’s apparently the year 1892 right now.) We likely already know the most damaging information, as revealed in 2022 during the unforgettable January 6 Select Committee hearings in Congress, and the ensuing 800-plus page report. But, really, imagine: Trump’s own former chief of staff and VP taking the stand in, say, September of an election year, to describe firsthand how their former boss trampled on the Constitution to try to steal an election. Even if we all mostly know the story by now, that simply can’t be good for Trump at the polls, just weeks before voters cast their ballots.

It’s unclear how much of Smith’s case will ultimately survive the Supreme Court’s strafing. He might eventually go to trial on a tattered indictment focused on Trump’s effort to pressure state and local officials, without any of the damning evidence relating to DOJ and the VP and incitement of the rally crowd. Or the wounds inflicted by the Supreme Court might ultimately prove fatal.

But if Smith’s goal is to expose Trump’s conduct to the American public before the election – and let’s face it, that’s plainly been a driving force for the special counsel all along, despite his refusal to acknowledge it – he’ll still have a backdoor path to partial success.

Stay Informed,

Elie

Elie Honig served as an Assistant U.S. Attorney in the Southern District of New York for 8.5 years and as the Director of the Division of Criminal Justice at the Office of Attorney General for the State of New Jersey for 5.5 years. He is currently a legal Analyst for CNN and Executive Director at Rutgers Institute for Secure Communities

Categories Accountability, Corruption, Democracy, Disruption, Elections, Ethics, Extremism, Justice, Scandals, Trump

Michael Tomasky: Trump is Going Into a Meltdown Phase

By dianeravitch
August 22, 2024 //
42

Michael Tomasky is a respected political journalist and the editor of The New Republic. In this post, he describes Trump’s inability to cope with running against Kamala, not Joe. He has spent nearly four years prearing for a rematch with Biden, and the change of candidate seems to have confused him. At times like this, im remindedthat Trump’s had severe dementia at the end if his life.

Tomasky writes:

It continues. Six days ago, The New York Times ran a story under the headline “Inside the Worst Three Weeks of Donald Trump’s 2024 Campaign.” Usually, when the country’s most important newspaper runs a story like that, the candidate pays a little attention and the ship begins to right itself. But in this case, it’s just gotten worse. The ship is capsizing, and the captain is losing his marbles.

Right after that story ran, Trump came out with his wild accusation that Kamala Harris’s crowd of thousands at a Detroit airplane hangar was fake. The next night, he did that weird, to borrow an au courant word, interview with Elon Musk, where he made more WTF comments than I can recount, capped by his vow to move to Venezuela (a country ruled by a corrupt autocrat who just cheated massively in this month’s election) if he loses. On Wednesday, he gave a rambling speech at a North Carolina rally.

Then, on Thursday, we had a little taste of some peak Trump crazy. He claimed Harris is responsible for a law in California that says it’s OK to steal from a grocery store as long as your take is under $950. (This is not what the law says.) He made strange comments about Cheerios. He lectured Jews (at a later event) about how if the Democrats win, Jewish people “don’t have a chance” in America, saying of Harris—whose husband is Jewish—that “she doesn’t like Jewish people. You know it, I know it, and everybody knows it, and nobody wants to say it.” And we can’t forget the assertion that more than 100 percent of recent U.S. jobs have gone to migrants.

But wait. These are just the appetizers! Then he called Harris a “Communist” and said the country under her leadership would devolve into a commie dystopia in which “everyone gets health care” (the horror!). And then, the pièce de résistance: At the Jewish event, he praised Miriam Adelson, the huge Trump donor and widow of Sheldon Adelson, mentioning that he’d given her a Presidential Medal of Freedom, which he noted was the civilian equivalent of the Congressional Medal of Honor (given to military veterans) but was “actually much better” because people who receive the latter medal are “either in very bad shape because they’ve been hit so many times by bullets, or they’re dead.”

You know how they say in sports that an opponent has gotten inside the other team’s head? Well, Harris and Tim Walz have certainly gotten inside Trump’s head. Walz’s “weird” comment, which Trump has also responded to in a, well, sort of weird way, was just the start. Harris has also smartly refused to take the GOP campaign’s bait, like when Trump attacked her race and J.D. Vance tried to make her childlessness an issue. Meanwhile, the Harris-Walz campaign trolls Trump in its press releases with snarky language I don’t recall Joe Biden’s or Hillary Clinton’s campaigns using. It sends the message, which must drive him nuts, that they don’t fear him at all.

Meanwhile, what else is Harris doing? Starting to unveil an economic package that, so far anyway, looks pretty great. It’s aimed straight at middle-class voters and focused on housing and grocery prices. You can’t get more kitchen table than that. And the bit about going after corporate price gougers is great. It sends a nice populist signal that she’s willing to make some enemies.

We’re coming up on a month now of Harris being the candidate. That isn’t much time, granted, and of course the race is still in margin-of-error territory and at some point, Trump is bound to find his footing and quit flailing as desperately as he has been.

But all that said, the Harris campaign has been as shrewd as any presidential campaign I’ve ever seen. Her stump speech is excellent. The choice of Walz was great—their personal chemistry is so evident in that video they just released of the two of them chatting about spicy food and whatnot (the right is trying to gin up outrage over Walz saying he eats “white-guy tacos”). The focus on family economics recognizes a potential Harris weak spot and establishes the campaign as not being out of touch. They just haven’t done one thing wrong yet…

And Trump is a hot mess. He’s facing a problem he’s never faced. In 2016, he was running against a very known quantity whom the right had been instructing Americans to hate for 25 years. In 2020, he was running against someone who’d been around for nearly 50 years. He’s spent his time since losing that 2020 race sitting around thinking about his rematch with that opponent.

And now suddenly he’s running against someone else, and to his shock, the more America sees of her (so far), the more America kinda likes her. He can’t understand this, and he simply can’t stand it. Trump’s like a predatory animal in a literal sense. Since he has no conscience, he’s all instinct, and his instinct is to find his prey’s weakness and go after it over and over.

He hasn’t come close to finding Harris’s. She is not a lunatic Communist, she’s not stupid, she’s not any of things Trump is saying she is. The America of 2024 is ready for Kamala Harris. Donald Trump is not and can’t accept that fact. No amount of staff shakeups or focusing on “the issues” can fix that.  

Categories Biden, Elections, Harris, Kamala, Trump

The Status Kuo: Why Tim Walz Drives MAGAts Crazy

By dianeravitch
August 22, 2024 //
16

I wrote a post on Monday about the relentless GOP attacks on Tim Walz and his wife. They claim his 34 years of service in the National Guard was tarnished; they say he’s not really a coach; they say he and his wife are left wing radicals; they say the Walz family is worth almost $200 million; they say Tim is possibly a spy for China. All lies. Trumpian lies.

In his blog The Status Kuo, Jay Kuo explains why the GOP is aiming their insults at Walz, not Kamala, and why it’s a good thing.

He writes:

There’s a strange phenomenon occurring with the terminally online right. Ever since Vice President Kamala Harris announced that Gov. Tim Walz would be her running mate, many of the right have acted with fury. They’ve attempted to “Swift Boat” his 24-year service record in the Army National Guard. They’ve called him a racist for talking about “white guy tacos.” And they’ve drudged up a nearly 30-year old DUI—for which he took accountability and after which he stopped drinking altogether—to prove he’s somehow not so perfect a role model.

What they haven’t been able to do is make any of this stick. And yet, Walz continues to draw fire, which could otherwise have been directed at Harris.

In other words, Walz is turning out to be a shrewd pick. At net 11 points positive favorability in polls, Walz is immensely more popular than his counterpart on the GOP ticket, JD Vance, who is underwater by nine. And as they continue to rail against him, the right keeps making his fundamental point about them: They are just really weird.

In today’s piece, I explore some theories about why Walz brings out the worst impulses of the right just by being who he is. Then I’ll lay down some political tarot cards and prognosticate about where I think this leads.

Politico Uno Reverse

By most identity measures, Walz should be one of the MAGA right. He’s a midwestern white dude in his late 50s. He loves to hunt and is a sharpshooter. He served for decades in the military and achieved the highest enlisted rank of Command Sergeant Major. He was a football coach who helped lead his team to the state championship.

And yet, despite all these identity markings, Walz in an unabashed progressive. He is for reproductive rights and an ally and protector of gay teens. And there isn’t a bigoted bone in his body. It’s as if when Harris picked him, she played, as writer Anna Gifty Opoku-Agyeman succinctly described it, a “political uno reverse.” The Walz card threw it right back at them, as if to say, “I’m a guy just like you, but without any of the weird baggage.”

The MAGA GOP’s base is supposed to include white guys like Walz. But here is living evidence that they don’t have all of them or the best of them. That’s why they’re so eager to discredit him, because if they don’t, as psychologist Julie Hotard notes, then Walz will stand instead as a model of what is possible. On many levels, an appealing, white, male Democrat is a far bigger threat to their sense of identity than even a biracial woman candidate for president.

The 2004 playbook

All this helps explain why Republicans have trained their fire upon Walz and are so determined to sink him. To do so, they tried an old play that Walz and the Harris team saw coming for miles.

In an election 20 years ago, Republican dirty trickster and campaign strategist Chris LaCivita created the “Swift Boat” controversy to tarnish John Kerry’s otherwise unblemished military record. It was character assassination from a group calling itself Swift Boat Veterans for Truth, and it worked—even though there was no basis in fact for any of it. As NPR recently summarized,

“Their accusations are widely understood to be false. Military records (released by Kerry’s campaign) backed up his combat claims. And while most of the swift boat veterans who spoke out against Kerry did not serve with him directly, the ones who did publicly supported his version of events….The swift boating undercut Kerry’s momentum coming out of the Democratic National Convention, and turned one of his greatest strengths into a liability….“

Now LaCivita is back as senior advisor to the Trump reelection campaign, as are attempts to impugn the military record of Walz, another veteran turned politician. The Trump campaign claimed, for example, that Walz resigned from the military in order to avoid the fighting in Iraq, making him a coward with “stolen valor,” but the timeline doesn’t match up. Walz retired months before his unit received any deployment orders to active duty overseas.

This time, however, Democrats were ready for the bad faith attacks, and reporters (outside of the Fox ecosystem anyway) appeared unwilling to take the bait. So far, the swiftboating of Walz is fading fast from the headlines.

Attacking Mr. Nice Guy

For the past two decades, the GOP has shifted markedly toward being a party of cruelty, of “owning” the libs and drinking their tears, and of being as unpleasant and in-your-face as they can be. That kind of behavior has been rewarded with appearances on Fox and other right wing media, fundraising dollars from the MAGA base, and a spot at the side or in the tweets of the ex-president himself.

As author Patrick S. Tomlinson observed, Walz represents what shouldn’t be an extraordinary notion: that you can be a nice guy, supportive of women, embracing of gay people, and still be all the coded masculine ideals of soldier, football coach, hunter and father that the MAGA right believed it had a lock on. Plus, you can be all those things without ever asking weird questions about menstrual cycles, chromosomes and genitalia.

The right even tried to make a big deal about Walz’s efforts as governor to ensure free tampons were available to girls in school. Rumors circulated that schools had been required to also put tampons in boys’ bathrooms, but those claims turned out to be untrue, while demonstrating how off kilter the right becomes over sexuality and gender. The “Tampon Tim” moniker didn’t stick. On the contrary, there are probably many moms and dads grateful for a governor like Walz who is thinking about their daughters’ needs.

For a party accustomed to attacking its enemies, the GOP is now at a loss over how exactly to attack Walz next. Their latest meltdown over his “racist” comment about eating “white guy tacos” exposed them further as the very “snowflakes” they decry, delicate creatures who don’t understand the basic difference between racism and self-deprecation. And really, don’t they have anything better to do than whine about one of their own making a joke about spice tolerance levels? It’s all very silly, but also bogs them down in their own angry stew. 

And in that obsession to bring him down, the right is walking right into Harris’s trap. Every day that Walz draws their attention is one more day Harris moves closer to the presidency end zone, without anyone getting close enough to tackle her. For his part, Walz appears perfectly happy to distract her would-be assailants.

It’s a play an experienced and successful defensive coach like Walz would appreciate.

The fact is that the GOP hasn’t figured out how to attack Kamala without being racist or misogynistic. Trump has called her “Laughing Kamala,” “Crooked Kamala,” “Lying Kamala,” but none of his schoolyard bully taunts has stuck. He has said she is “low IQ” and the “worst Vice-President in history,” but that didn’t stick either. He also called her a “communist,” but no one takes him seriously. So the empty headed MAGA crowd sticks with “Tampon Tim,” which assumes that none of them have teenage daughters. The girls are grateful to Governor Walz.

Categories Accountability, Elections, Ethics, Fake News, Harris, Kamala, Lies, Propaganda, Republicans, Trump, Walz, Tim

Florida: Moms 4 Liberty Lose Key School Board Races!

By dianeravitch
August 22, 2024 //
8

The extremist culture warriors in Florida flopped at the ballot box on Tuesday. Not even Governor DeSantis’s endorsement helped them in their crusade to ban books, censor history, and sugarcoat what children may learn.

DeSantis quite deliberately set out to take control of Florida’s education system, including its schools and public colleges. He believes that as Governor, he is authorized to shape the curriculum to match his extremist agenda. He has poured billions into charter schools and vouchers for all, no income limits. He has grabbed control of the boards that oversee public colleges, and he has handpicked college presidents from his circle of cronies. The state’s sycophant legislature gives him whatever he wants, including the elimination of tenure in higher education and the ideological takeover of the state’s highly regarded progressive college, New College, which has been transformed into a conservative outpost that values athletics more than philosophy and that abhors gender studies and other “woke” courses.

Scott Maxwell of the Orlando Sentinel wrote about the voters’ rebuff to “Moms for Censorship,” err, “Moms for Thought Control, err, “Moms for Liberty.” Voters in most school districts rejected the right wingers endorsed by DeSantis.

Folks, this was a good day for the students and teachers of Florida.

He wrote:

Extremism took a beating in some unexpected places Tuesday. Orange County voters made the region’s deep-pocketed tourism interests nervous. And voters told has-been politicians who were desperately trying to get back into office that they needed to stay on the sidelines.

It was a momentous primary Election Day in Florida — one that seemed to suggest a course correction after years of divisive culture wars.

Nowhere was that more evident than in school board races where Moms for Liberty-backed candidates got walloped.

In Orange County’s highest-profile race, attorney Stephanie Vanos, who vocally opposed the Moms’ agenda, destroyed her opponent 68% to 32%. Seminole County also opted for candidates who wanted to return the focus to classroom basics.

And it wasn’t just here. In Republican-leaning Pinellas County, voters rebuffed Gov. Ron DeSantis’ attempts to get more culture-warriors on the school board. (See the Tampa Bay Times: “Pinellas voters ignore DeSantis endorsements, reelect school board incumbents”)

Even in hard-core Sarasota County — which helped give birth to the Moms-for-Censorship movement — voters decided they’d seen enough. Voters in that dark red county ousted the DeSantis-backed Moms for Liberty school board chair and ensured another culture-war crusader was kept out of office.

Politico also reported on voters’ rejection of DeSantis’s candidates. The results suggest that Tinpot Authoritarian DeSantis is losing his grip:

TALLAHASSEE, Florida — Gov. Ron DeSantis’ attempt to elect conservative-leaning school board members across Florida hit a snag Tuesday, as candidates backed by the Republican governor fell in several key races.

DeSantis, who has made reshaping Florida’s education system a top priority, endorsed 23 candidates ahead of Tuesday’s election. And as of late Tuesday night, at least 11 appear to have lost. That is a notable downturn from 2022, when DeSantis saw a runaway success: Of the 30 he endorsed two years ago, just five lost.

Candidates endorsed by DeSantis won six races, according to unofficial county election results, with another six heading to runoffs in November.

Although Florida’s school board elections are nonpartisan, candidates in some high-profile races had dueling endorsements and donations from conservatives like DeSantis and the parents’ group Moms for Liberty, and state Democrats and the Florida Education Association, the state’s largest teachers union.

The school board elections come just months after DeSantis dropped out of the 2024 presidential race. During his governorship, DeSantis built clout and power throughout Florida, reshaping the state legislature, state Supreme Court and school boards through his endorsements or appointments. That his preferred school board candidates didn’t win Tuesday could be a sign of his decreasing influence in the wake of his failed presidential bid.

Out of the four matchups where DeSantis and the Florida Democratic Party went head-to-head, Democrats notched two wins compared to one for the governor, with another set for a runoff. These races were some of the more heated in Florida, as candidates squared off over issues like book banning and the role parents have in shaping their children’s education.

The Democratic Party of Florida endorsed 11 candidates this cycle, of which seven won Tuesday with two of those races heading to runoffs. The party’s efforts were meant to “fight back against Ron’s Moms for Liberty candidates and their partisan extremism,” said Florida Democratic Party Chair Nikki Fried.

“When we knocked doors and made phone calls for these candidates, we kept hearing the same question from voters — ‘is your candidate going to ban books, or are they going to protect them?’” Fried said in a statement Tuesday night. “Our freedom starts in our schools, and we’re proud to have supported candidates who will fight for our students’ rights to see themselves represented in a book, to feel safe at school, and ensure every student has access to a high-quality education where they can learn and grow.”

Categories Education Reform

The Best Speeches at the Democratic Convention Last Night

By dianeravitch
August 21, 2024 //
27

If you are a politics junkie as I am, you watched (almost) every minute of the Democratic national Convention. If you missed the big speeches, I am posting them here.

I want to mention that the diversity of the delegates is remarkable. I’m old enough to remember the Democratic Convention of 1964, when the state sent an all-white delegation, which was challenged by a slate of Black delegates. The rules were the rules, and the all-white delegation kept their seats. The Mississippi delegation in 2024 was fully integrated, reflecting the people of the state.

Here were the speeches, all excellent!

Doug Emhoff, the Second Gentleman, explains how he and Kamala met. My favorite line occurred when he introduced his parents in the stands and said his mother was the only person in the world who thought that Kamala was lucky to marry him! (Everyone else saw the reverse.)

The audience greeted the Obama with enthusiastic applause that lasted for several minutes. Both are dearly loved.

Michelle Obama was outstanding. She is a polished speaker and she delivered a powerful speech.

Barack Obama gave an excellent speech. He paid tribute to Joe Biden. Then he talked about the values we share as Americans and tried to bridge the partisan divides.

Categories Elections, Harris, Kamala

Jonathan V. Last: A Tribute to the Old Man Who Saved Democracy Twice

By dianeravitch
August 21, 2024 //
11

Jonathan V. Last is editor of The Bulwark, a site for Republican Never-Trumpers. I enjoy reading articles on this site because it is not part of a liberal Democratic echo chamber. He was a strong supporter of President Biden. He here refers to him as “the old man who saved democracy. Twice.” He published this article the day after Biden gave his moving speech to the Democratic National Convention.

He writes:

I hope you drank it in last night. It was one of the most human moments I’ve ever seen in politics, from the second the president stepped on stage and embraced his daughter.

But it was more than that. It was America saying goodbye to this ordinary man who has become an extraordinary president. A president who saved our democracy.

This is one of those cases where the transcript doesn’t give you enough context. You need the video. You need to see Biden’s face and feel the vibrations from the crowd. And you absolutely need to watch his final section, when he transitions from a campaign speech to a valediction.

This is the story of a nation grateful to a president not just for his accomplishments, but for his sacrifice. For his ability to understand that he was dispensable.

It was this extraordinary willingness, when American democracy was threatened from within, that made Joe Biden the indispensable man.

I know I’ve said this before but I want to say it again: Biden is our greatest living president. 

Seven years ago Joe Biden was an old man happy in retirement. Then he watched a group of neo-Nazis—emboldened by the election of Donald Trump—take to the streets of a college town in Virginia.

Biden looked around the political landscape and realized that he was the only person capable of defeating Trump in that moment. So he came out of retirement to run not a political campaign, but a fight for the soul of the nation.

And he won.

Biden’s victory set off a new crisis. As president-elect he watched the sitting president attempt a coup d’état—first through legal means, then through extralegal means, and finally through physical violence.

Lost in the analysis of January 6th and the post-election chaos is the critical role Biden played.

He was utterly and completely calm. He spent the post-election period preparing for the transition, even though Trump’s administration refused to cooperate with his team. And here are some of the things Biden did not do:

  • Publicly attack Trump.
  • Attempt to circumscribe Trump’s legal challenges.
  • Spread disinformation.
  • Antagonize Republican voters.
  • Seek to tie “normal” elected Republicans to Trump’s authoritarian designs.

Any of those actions might have helped Biden politically. All of them would have added gasoline to a raging fire.

President-elect Biden chose unity and calm over hysteria and division even as President Trump was attempting to end our democratic experiment. Reflect on that for a moment: Can you think of a single thing Biden said or did during that period?

No, you can’t. And that’s because Biden knew that in order to preserve the legitimacy of our system, the conflict had to be between Donald Trump and the rule of law, not between Donald Trump and Joe Biden. 

As president, Biden passed a large amount of meaningful legislation, but those accomplishments were secondary to his two larger projects, one foreign and one domestic.

On foreign policy, Biden’s big project was re-energizing internationalism. Where Trump had attempted to turn America into an isolated superpower that curried favor with dictators so that it could distance itself from alliances, Biden steeled—and expanded—NATO in the face of Russian aggression and took a hard line against China.

Domestically, Biden created a mechanism for the Republican party to heal itself. Instead of pushing a divisive agenda, Biden focused mostly on popular items with broad bipartisan support, many of which directly benefited Republican constituencies: infrastructure spending, the creation of manufacturing jobs, immigration reform, reducing medical costs for seniors.

Republicans could have supported these policies (which many of them did) while trying to guide their voters away from Trumpism (which almost none of them did).

Over and over Biden tried to make space on the right for a Republican party independent of fascist overtones.

That Republican voters affirmatively chose another run with Trump is no fault of Biden’s. He did everything he could. But his big domestic project failed because the base fact is that a political party can only be as healthy as its voters let it be.

And these days the GOP is a party where voters wear t-shirts bragging about how their nominee wants to be a “dictator.”

Faced with this failure and the resurgence of the authoritarian movement, Biden saved our democracy again—this time by walking away from power. When he realized that he could not win the battle a second time, Biden anointed Kamala Harris—shutting down any contest and giving her the space to establish herself as a force.

Categories Biden, Courage, Democracy, Discipline, Elections, Ethics, Freedom, Republicans, Trump

Republican Judge J. Michael Luttig Endorses Kamala Harris

By dianeravitch
August 21, 2024 //
10

Judge J. Michael Luttig was appointed to the federal bench by President George H.W. Bush. He served from 1991-2006 on the Court of Appeals of the Fourth Circuit.

He issued the following statement to explain his decision:

Almost four years ago now, on January 6, 2021, a stake was driven through the heart of America’s Democracy, and on that day American Democracy was left teetering on a knife’s edge. On that day, the prescribed day for choosing the American president, there was not a peaceful transfer of power in the United States of America — for the first time in the almost 250 years since the Founding of the Nation. As a consequence of the former president’s continued denial of that appalling day, and his defiance of America’s Democracy to this day almost four years later, millions of Americans still believe that the 2020 presidential election was “stolen” from the former president, despite the fact that he lost that election fair and square in what has been proven over and over to have been the freest, fairest, and most accurate election in American history. Because of the former president’s continued, knowingly false claims that he won the 2020 election, millions of Americans no longer have faith and confidence in our national elections, and many never will again. Because of the former president’s knowingly false claims, many Americans — especially young Americans, tragically — have even begun to question whether constitutional democracy is the best form of self-government for America. The 2020 presidential election of course was not “stolen” from the former president and he knows that. It was the former president who attempted to steal the 2020 presidential election from the American People, not they from him. To attempt to steal an election in the United States of America is to attempt to steal America’s Democracy. For the former president to continue to persist in the knowingly false claim that the 2020 presidential election was stolen from him is a profound affront to American Democracy and to the Constitution of the United States — an affront without any precedent in all of American history.

In his utterly inexplicable obsession to this very day to deny, attempt to justify, even to glorify January 6, and to bludgeon Americans into believing that the 2020 presidential election was stolen from him when he knows it was not, the former president has corrupted America’s Democracy. Yet, to this day — to this day still — not only does the former president, and now the Republican Party of which he is again the standard bearer, continue to falsely claim that the former president won the 2020 election. He and his Party defiantly refuse even to pledge that they will honor and respect the vote and the will of the American People in the upcoming presidential election. In this defiant refusal, the Republican candidate for the presidency and the Republican Party have literally taken America political hostage, threatening the Nation with the specter of another January 6, 2021 on January 6, 2025, if the former president again loses his campaign for the presidency by a vote of the American People. Until January 6, 2021, there was a peaceful transfer of power from one President of the United States to his successor for almost 250 years. The peaceful transfer of power from one President of the United States to the next and the commitment of presidential candidates and their respective political parties to the peaceful transfer of power in the next election are fundamental tenets of our constitutional Republic. Adherence to these tenets is essential to American Democracy, American governance and government, and to the Rule of Law in the United States of America. Without the peaceful transfer of power, America would have no democracy. The politicians tell us that America’s Democracy and the Rule of Law are too “abstract” to “resonate” with American voters. If that was ever true in the past, which I do not accept, it is emphatically not true today. For reasons we all know too well, there could not possibly be any more concrete and consequential issues for the Nation and the American voter today than America’s Democracy and Rule of Law. America’s Democracy, and along with it the Rule of Law, were almost stolen from us on January 6, 2021, by the former President of the United States, who is, today, asking us to return him to the Highest Office of trust in the land.

America’s Democracy and Rule of Law are the defining features of our Nation. It is America’s Democracy, Constitution, and Rule of Law that have made America the envy of the world and the beacon of democracy and freedom for the world for almost 250 years. This presidential election is a test of Americans’ commitment to America’s Democracy, the Constitution, and the Rule of Law. It is so because the former president and the Republican Party have shamefully made it so. The often lofty, at times even noble, policy differences that have been the hallmark of American Politics and partisan debate for almost a quarter of a millennium pale in comparison to the foundational national policy issues of America’s Democracy, Constitution, and Rule of Law. American Democracy, the Constitution, and the Rule of Law are the stakes — the only real stakes — in the upcoming election.. Having made them so, these foundational issues of our times cannot now be wished away by the former president and his Republican Party, as they would have it. And they must not be wished away by the American People. The fact remains to this day that even the loftiest and noblest of policies and policy differences will be comparatively inconsequential unless and until we Americans bring to an end the war on America’s Democracy that was instigated by the former president and his allies on January 6, 2021. For their part, the former president and the Republican Party have determined to prosecute their war against America’s Democracy to its catastrophic end. As a consequence, for our part, “We the People” must bring this unholy war to an end – now. The Founders of our Nation and the Framers of our Constitution feared most of all this very moment in American history, when the American People would be tempted by the seductive demagoguery of a modern-day populist demagogue. In a letter to George Washington in 1792, over 230 years ago, Alexander Hamilton warned of this day and this demagogue, who would “mount the hobby horse of popularity” and whose “objects” “may justly be suspected to throw things into confusion that he may ‘ride the storm and direct the whirlwind.’”

Thomas Jefferson agreed with Alexander Hamilton about very little, except about the existential danger to the Republic of a populist demagogue. “If once elected, and at a second or third election outvoted by one or two votes, he will pretend false votes, foul play, hold possession of the reins of government, be supported by the States voting for him,” Jefferson presciently wrote to James Madison in 1787. The time for America’s choosing has come. It is time for all Americans to stand and affirm whether they believe in American Democracy, the Constitution, and the Rule of Law, and want for America the same — or whether they do not. The former president and the Republican Party have cynically framed this choice as a Hobson’s choice and they have cynically forced their supposed Hobson’s choice upon the Nation. But they have chosen as their standard bearer the one man who is singularly unfit to embody and represent not only to the Nation, but to the world, America’s sacred Democracy, Constitution, and Rule of Law. In a word, for America and Americans, this is no Hobson’s choice at all. America’s two political parties are the political guardians of American Democracy. Regrettably, in the presidential election of 2024 there is only one political party and one candidate for the presidency that can claim the mantle of defender and protector of America’s Democracy, the Constitution, and the Rule of Law. As a result, I will unhesitatingly vote for the Democratic Party’s candidate for the Presidency of the United States, Vice President of the United States, Kamala Harris. In voting for Vice President Harris, I assume that her public policy views are vastly different from my own, but I am indifferent in this election as to her policy views on any issues other than America’s Democracy, the Constitution, and the Rule of Law, as I believe all Americans should be.

In the 2024 election for President of the United States, there are no more important issues for America. It is our Democracy, our Constitution, and our Rule of Law that bind us together as Americans. We Americans must never allow ourselves to be put asunder from this that binds us by the siren calls of the politicians and the political sophists, the mercenaries and the opportunists, who entreat us that the only thing that matters in this presidential election is the candidates’ different positions on the sundry policies of the day. All, as if nothing had come before. We Americans know all too well what has come before. We understand what the political class does not want us to understand. That in the presidential election of 2024, the candidates’ policy differences are the least that matters to the United States of America.

J. Michael Luttig

Categories Accountability, Democracy, Elections, Ethics, Extremism, Freedom, Harris, Kamala, History, Trump

RFK Jr. Considering Dropping Out of Race and Endorsing Trump

By dianeravitch
August 21, 2024 //
41

Robert F. Kennedy Jr. continues to amaze. He is a lawyer; he worked for years for environmental protection. Then he became involved in opposing vaccines and spread the claim that vaccines cause autism. Most members of his illustrious family have publicly opposed him as a candidate.

He found a very wealthy running mate, Nicole Shanahan, the ex-wife of Sergey Brin, one of the founders of Google. She poured millions into the campaign.

The Kennedy-Shanahan ticket has had trouble getting onto the ballot in every state. So far, they have succeeded in 19 states. Their ticket has declined in the polls, and it’s running short of money.

Kennedy has approached both of the major candidates about joining forces with them. Trump was enthusiastic and even hinted that there might be an important post for him, something like a major Cabinet post (Health and Human Services, perhaps?). Imagine RFK Jr. with the power to recall or ban vaccines.

He also tried to meet with Democratic leaders, but they rebuffed him. After Biden’s disastrous June debate performance, he offered to take Biden’s place at the top of the ticket. When Kamala became the consensus candidate, he tried to meet with her, but she was not interested.

It turns out that RFK Jr. draws more votes away from Trump than from Harris. The anti-maskers, anti-vaxxers, and other conspiracy theorists like him.

The New York Times reported that Shanahan, RFK Jr.’s running mate, was interviewed in a podcast, where she mentioned that they were thinking of joining forces with Trump. She expressed bitterness towards the Democrats and blames them for undermining the Kennedy-Shanahan ticket. She said that one of the options for the future is forming a third party.

Hmmm Robert F. Kennedy Jr. working on behalf of Donald Trump? Trump is a guy who doesn’t believe in climate change. He says it’s a hoax. Will RFK Jr. abandon his many years as an environmentalist to get a shot at political power? Shameful.

Categories Democrats, Elections, Environment, Ethics, Extremism, Health, Science, Trump

The First Night of the Democratic Convention Was Great!

By dianeravitch
August 20, 2024 //
30

I hope everyone had the opportunity to watch the Democratic Convention last night. It was exhilarating! I have watched both parties’ conventions ever since they were first televised. I remember back when conventions were contested, when no candidate had enough votes to lock up the nomination beforehand, and there were multiple votes cast to choose the candidate. There were fewer primaries back then, and the candidate was chosen at the convention. Now the convention is a coronation.

This year, though, there was a historic switch at the top on the Democratic side. Biden was determined to stay in the race until he wasn’t. Many of the party’s leaders asked him to step aside because they feared that he would drag down the Democratic Party if he stayed in. He was finally persuaded to do so because he realized that he could not unite the party. So, knowing how important it was to defeat Trump, he agreed to drop out for the good of the nation.

Given that everyone knew for certain the identity of the nominees, the challenge for the Convention planners was how to keep it interesting.

And they did it by showcasing the rising stars of the party, like Rep. Jasmine Crockett of Texas, who is sharp-tongued and witty; Governor Andy Beshear of Kentucky, who gets elected and re-elected in a red state; and AOC, who hit it out of the park with a fiery speech. Actually, everyone who spoke was awesome.

Then there were the three young women who talked about how their lives had been changed by harsh abortion bans. The third speaker, from Kentucky, Hadley Duvall, talked about being sexually abused and raped by her stepfather, learning she was pregnant when she was 12. She said, “”[Donald Trump] calls [total abortion bans] a ‘beautiful thing,'” Duvall said. “What is so beautiful about a child having to carry her parent’s child?”” There was silence and a collective gasp in the arena.

Hillary Clinton received a standing ovation that went on and on. And she delivered an eloquent, pointed speech. At one point, the audience broke into chants of “Lock him up!” She didn’t join in, but she smiled.

The highlight of the night was Joe Biden. His introduction by his daughter Ashley was moving. The audience welcome was ecstatic, and the cheers for him continued for several minutes. He was bathed in love and admiration. He spoke honestly, passionately, powerfully about his career, his love of country, his devotion to democracy, and his determination to keep Trump out of the White House. He said his decision to ask Kamala to be his running mate was the best decision of his long career. He said wistfully at the end of his speech that when he was first elected to the Senate at the age of 28, and now he is “too old” to run again.

Biden gave a cleared-eyed and incisive analysis of why this election is consequential. If you were not watching, I urge you to watch it now.

Categories Democracy, Democrats, Elections, Republicans, Trump
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