In Michigan and Wisconsin, lame duck Republican-majority legislatures are enacting laws to limit the powers of incoming Democratic governors. Two years ago in North Carolina, the same happened. These moves are particularly striking examples of recent aggressive Republican procedural hardball. Whatever the right rules are for the separation of powers, they should apply to both parties and not be changed opportunistically.
.. Should they go tit-for-tat and escalate procedural shenanigans, rules-stretching and rules-breaking? Or should they strive, leading by good example, to maintain a system of norms that have provided political stability in the hopes that a more moderate, reasonable Republican Party will re-emerge?
.. Retaliating in kind could aggravate already deep polarization and wreck what’s left of our political norms. Restraint, on the other hand, would establish new norms that establish electoral disadvantages for Democrats and embolden Republicans.
.. There is a better option, and it also happens to be the best option. Democrats can use the Republican hardball against them by weaving together the Michigan, Wisconsin and North Carolina cases into a larger story to take to voters in 2020: the indictment of Republican attacks on democracy accompanied by an aggressive reform agenda for strengthening constitutional norms and democratic procedures.
.. But a very clear narrative or popular revulsion — or both — can change that. Examples are found in the Progressive Era around the turn of the 20th century and again in the immediate aftermath of Watergate, when procedural reform gained traction, for better or for worse, and both term limits and campaign finance reform had moments of widespread popular enthusiasm. There’s good reason to think that the next two years offer the opportunity to create such a corruption narrative and to take advantage of what’s likely to be growing revulsion.
.. President Trump’s administration has made this job easier: The midterm election results showed that its scandals and disgrace have already focused voters’ attention. That’s not the time for retaliation and escalation. It’s the time offer prescriptions for rebuilding the rules that accompany a diagnosis that helps voters make sense of how badly wrong things have gone. Democrats can try to punish Republicans at the ballot box by trying to strengthen rather than weaken democratic norms.
The obvious place to begin is with the White House itself. Proposals to
- require presidential candidates to disclose their tax returns,
- give teeth to the Emoluments Clause,
- strengthen anti-nepotism rules that should keep unqualified family members out of sensitive offices,
- extend conflict-of-interest rules to include the president, and
- turn blind trust norms into binding rules
won’t be hard to understand under Mr. Trump. They will reinforce voters’ distrust of the president while also offering ways to prevent his abuses from becoming standard practice.
.. Republican procedural abuses at the state level precede the Trump administration, but they can fairly be connected to it. Most important is disenfranchisement. Democrats should emphasize the sustained nationwide Republican effort to limit access to the ballot and offer proposals to
- restore the Voting Rights Act,
- end felon disenfranchisement,
- undo restrictive voter identification rules,
- ease registration,
- protect early voting and
- ensure that voting places are more widely and evenly distributed.
Not only has Mr. Trump been on the wrong side of those issues, encouraging state crackdowns on imagined millions of noncitizen voters; but voting restrictions in narrowly won Midwestern states got him closer to the White House in the first place.
.. Other proposals, from statehood for the District of Columbia to gerrymandering reform, then make sense as part of the same effort to strengthen representation and fair democratic practice... This is also the best approach for Democrats in the short term because they’re not in a strong position to retaliate even if an angry activist base wants them to. Despite some losses last month, Republicans remain in control of more governor’s seats and more state legislatures. More important, making things worse right now really is the wrong thing to do. If Democrats follow a course of unrestrained but legal tactics, we could find ourselves embroiled in even more severe dysfunction and a constitutional crisis. Tit for tat is sometimes necessary to enforce norms, but escalation in an already seriously polarized environment is dangerous.
.. If Democrats can offer a unifying indictment tying Republican attacks on democratic norms to Trump administration abuses, along with a coherent package of serious proposals to restore procedural fairness, voters will have a way of making sense of new examples of Republican sharp dealing.
.. Proposals to shorten lame duck legislative sessions and to constrain their authority, for example, would reinforce the idea that Republicans have been the party of procedural abuses and unfairness while still setting forth a good neutral rule.
.. This is the alternative to doing nothing or making things worse: seek to punish Republicans in 2020 by offering a vision of how to make things better.
U.S. Officials ‘at a Fucking Loss’ Over Latest Russia Sellout
Current and former American diplomats are expressing disgust and horror over the White House’s willingness to entertain permitting Russian officials to question a prominent former U.S. ambassador.
.. “It’s beyond disgraceful. It’s fundamentally ignorant with regard to how we conduct diplomacy or what that means. It really puts in jeopardy the professional independence of diplomats anywhere in the world, if the consequence of their actions is going to be potentially being turned over to a foreign government,”
.. During President Trump’s press conference with Vladimir Putin in Helsinki, Putin pivoted a question about extraditing the 12 Russian intelligence officers whom Robert Mueller has indicted into a quid pro quo for going after longtime betes noire currently beyond his reach.
.. Putin singled out Bill Browder, whose exposure of widespread Russian tax fraud led to the passage of a U.S. human rights sanctions law Putin hates. Standing next to Trump, the Russian president accused Browder of masterminding an illegal campaign contribution to Hillary Clinton and alleging vaguely that he had “solid reason to believe that some intelligence officers guided these transactions.” Should Trump permit the Russians to question people around Browder, Putin hinted, he will let Mueller’s people be “present at questioning” of the intelligence officers.
.. On Wednesday, Russian prosecutors escalated the stakes. The prosecutor-general’s office said it wanted to interview Michael McFaul, the former U.S. ambassador to Russia, another Putin bete noire. McFaul—the Obama-era ambassador to Moscow—replied on Twitter that the Russians know well that he wasn’t even in Russia during the relevant time frame for any case against Browder... Sarah Huckabee Sanders declined to rule out permitting the Russians to question McFaul. Sanders said that there had been “some conversation” in Helsinki about the issue, though Trump made no “commitment.”.. Heather Nauert called the Russian request for McFaul “absolutely absurd”—which was closer in line with how former U.S. diplomats viewed Putin’s gambit.“If the U.S. would make a former diplomat avail for questioning by a foreign government without evidence of wrongdoing, then that would be quite horrifying,” said Ron Neumann,.. Susan Rice, the former U.S. ambassador to the United Nations and Barack Obama’s national security adviser, tweeted that the lack of commitment to protecting McFaul was “beyond outrageous... If the White House cannot defend and protect our diplomats, like our service members, they are serving a hostile foreign power not the American people.”.. “To even hint that there’s some element of credibility to Russian disruptions and distractions puts a bullseye on the back of any diplomat and invites authoritarian regimes to bully and threaten American public servants for the crime of doing their job.. Ned Price, a former CIA analyst and spokesman for the Obama National Security Council, said Sanders’ comments made Trump look “even weaker” than during Trump’s Monday press conference with Putin. “Trump has always been all too eager to cave to Putin, but, as far as we know, it’d been largely in the abstract. He sells out our intelligence community, attacks NATO, shelves our commitment to human rights. But Putin now has specific demands in the form of human beings—one of them formerly our designated representative to Russia,” Price said... “By failing to reject the idea out of hand – immediately and forcefully – Trump signaled that absolutely nothing is off limits when it comes to Putin. And just as shocking, he’s willing to play Putin’s brand of ball, in which the world is purely transactional and lives are expendable.”.. The current U.S. diplomat said the openness to turning over McFaul capped off a shocking week for U.S. geopolitics... “The president has first and foremost his interests at the top of his mind, as opposed to the government’s. That’s very clear over the past week and a half, between shitting on our NATO allies and kissing Putin’s ass,” the diplomat said. “He cares more about himself than the nation and any of us who serve it.”The diplomat continued: “Either he’s compromised by Putin or he’s a pussy, in which case he should grab himself.”
Kennedy Retires — It’s On!
Whoever accepts President Trump’s call for the nomination will be one of the bravest men or women in public life, because he or she is going to be attacked with unrelenting fury from the Left.
.. For a lot of white evangelicals, this moment was worth every migrant child forever traumatized, every refugee family denied safety, every sexual assault victim betrayed, every white nationalist emboldened, every lie told. These are the ends that justified the means.
.. Bears repeating: Had Clinton won, she’d likely have replaced Scalia, Kennedy, and eventually Ginsburg (85) and Breyer (79). -That’d make six relatively young liberal justices and a lasting majority. -Now, it’ll be five conservatives, all 70 and under.
.. (Chuck Schumer quite understandably called on McConnell to follow the same policy he did to deny Merrick Garland a hearing in an election year. McConnell, a hardballer if ever there was one, quite understandably didn’t take this seriously.)
.. If Trump is re-elected in 2020, and he still has a Republican Senate, there is a decent chance that he could leave office with a 7-2 conservative majority.
.. First, the hearings could well be a catalyst for real violence
.. Let’s revisit this January piece from National Review’s Michael Brendan Dougherty:
I’ve started to think that Supreme Court Justice Anthony Kennedy may be the one man preventing the United States from political breakdown.
.. both sides have reason to pity themselves as the losers of the [political] system. Partisan Democrats, with some justification, feel that the constitutional system favors dirt (geography), so it rewards Republicans with too many senators and even electoral votes than they would otherwise win. Many partisan Republicans also feel that their votes go for naught, and that elites in the media, donor class, and social scene of Washington, D.C., constantly make Republicans under-deliver on their promises.
.. Kennedy deals out victories and defeats to each side — giving slightly more defeats to social conservatives. In effect, he constrains what each side can do to the other. His mercurial jurisprudence replicates and even gives the savor of legitimacy to a closely divided country.
.. So I’ve started to worry that if the Court soon consolidates to the left or the right, partisans on the losing end of that bargain will swiftly lose faith in democracy itself. A non-swinging Supreme Court would give the impression of super-charging the ability of one party to act, and restraining its competitor. A consolidated Supreme Court could open up whole new fields of legislation for one side to act against the other. At that point, what would happen?
.. Overturning Roe would only mean that regulating abortion returns to the states. If you live in a socially liberal state now, you don’t have anything to worry about. That’s not going to make you happy, but it’s not Armageddon. And there is no realistic chance that Obergefell will be overturned. But even if it were, again, that only means that the gay marriage question devolves to the states. Gay marriage is overwhelmingly popular. There might be a handful of Southern states (plus Utah) that might vote against it, in a popular referendum. But even they would fall eventually. Same-sex marriage isn’t an issue for younger voters, who support it by a wide margin.
.. Kennedy retiring is where the Roy Moore own goal really, really hurts. We now only have 51 votes, but two of those are Murkowski and Susan Collins, who will likely be reluctant to support a 5th pro-life justice. Mitch will have to put the screws on to get to 50.
.. However, had Hillary Clinton won, conservatives would be in the same miserable position today as liberals are.
It is not at all healthy for the republic that the Supreme Court matters so much. But we are where we are.
The Rush of Seeing Harvey Weinstein’s Perp Walk
One day in March of 2015, Weinstein invited the model Ambra Battilana Gutierrez to his office for a morning meeting
.. To see Weinstein turn himself in on Friday at the same precinct where Gutierrez made her report, in the same neighborhood where he caused so many women anguish and pain, was simply cathartic.
.. For all the handwringing about the mob power of #MeToo, the fact is that most men who have assaulted women will not face criminal charges for doing so.
.. Weinstein had spent time hiding out in Arizona.
.. the news elicited a response similar to the “galvanizing shock” produced in April, when Bill Cosby was found guilty of three counts of sexual assault.
.. is mouth alternated between a grimace and a smirk.
.. Entering the precinct, Weinstein was a spectacle of smugness, as if trying to project the posture of an intellectual dissident.
.. In his hands were three books, two of which have been identified. They were corny totems suggesting, respectively, artistic revolution and false persecution: Todd Purdum’s “Something Wonderful: Rodgers and Hammerstein’s Broadway Revolution,” and Richard Schickel’s biography of Elia Kazan, the Hollywood director who famously “named names” to the House Un-American Activities Committee, in 1952.
.. After he turned himself in, Weinstein was made to do a perp walk, the queasy practice meant to emasculate the suspect and flex the prosecutor’s power.
It is a public humiliation, a feast for the kinds of New York tabloids that Weinstein himself once manipulated so ruthlessly.
.. The books he walked in with had vanished. With his head hung low, Weinstein looked small, insignificant.
.. In the Manhattan Supreme Court, prosecutors charged him with two counts of rape and one count of a criminal sexual act.
.. He surrendered his passport and was released on bail
.. “Will the sight of Harvey Weinstein in handcuffs encourage more women to come forward/press charges?”