The Democrats’ Best Response to Republican Power Grabs

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.

This Hearing Is Stacked Against Christine Blasey Ford

It is almost unthinkable that there will be a second Supreme Court justice taking his seat under suspicions of perjury and sexual misconduct.

There is a reason Thursday’s Senate Judiciary Committee hearing will be short and feature only two witnesses, the Supreme Court nominee Judge Brett Kavanaugh and his accuser Christine Blasey Ford. Republicans have designed the hearing to end in a “he said, she said” stalemate. No matter how credible Dr. Blasey is, isolating her as a lone accuser is the most effective political strategy for confirming Judge Kavanaugh.

His strategy will be simple: categorical denial.

.. Republicans will then be able to claim that fairness had been served because both witnesses were heard. But Americans, denied the testimony of other relevant witnesses who could support Dr. Blasey’s account and denied an F.B.I. investigation into other evidence, won’t be any closer to the truth.

.. This week four people who know Dr. Blasey, including her husband, signed affidavits and submitted them to the Judiciary Committee saying she told them about being sexually assaulted by Judge Kavanaugh before he was nominated by President Trump. Their statements provide important corroboration, and if the Senate was really interested in learning the truth, these people would be called to testify.

.. And then there is Mark Judge, whom Dr. Blasey said participated with Judge Kavanaugh in the high school assault on her and whom Ms. Swetnick said helped him lure girls into “side rooms” at parties to be “gang raped.” The Judiciary Committee has refused to subpoena Mr. Judge, who reportedly was hiding out at a beach house on the Delaware shore

.. Unschooled in the art of political communication, facing questions from not just skeptical senators but also an experienced sex crimes prosecutor retained by the committee’s Republican majority, she must hope that the power of her story, the facts of what happened so long ago, are strong enough to convince the Senate and the millions of Americans watching on television. And she will not have the final say.

Her testimony will be followed by Judge Kavanaugh’s denial. According to his prepared remarks, he will allow that he was not a complete angel in high school, but will absolutely deny that the encounter with Dr. Blasey ever took place. He will have the last word.

.. There were people willing to be called before the committee who would have testified under oath about Judge Thomas’s interest in pornography, information that also would have buttressed Ms. Hill’s testimony. But none were called.

Instead, Senator Joe Biden, the Democratic committee chairman, fearing political backlash, abruptly gaveled the hearings to an end. Anita Hill remained isolated as the lone accuser.

.. It was only in the wee morning hours that I learned that there was a second woman, Angela Wright, who had been ready to testify that Judge Thomas, in the office, had asked about the size of her breasts. Several senators told me years later, when I was reporting for a book, “Strange Justice,” that if Ms. Wright had been allowed to testify, Judge Thomas might not have been confirmed.

.. There were four other women who would have supported aspects of Ms. Hill’s testimony and four others who knew about Judge Thomas’s interest in pornography. At least Hill was permitted to call as witnesses friends in whom she had confided about the sexual harassment she endured. Dr. Blasey won’t have even that.

For Hope in Trump’s America, I Read Sojourner Truth

I’ve been reading Sojourner Truth’s famous 1851 speech, “Ain’t I a Woman.”

“I could work as much and eat as much as a man, when I could get it, and bear the lash as well! And ain’t I a woman? I have borne 13 children and seen most of them sold off to slavery, and when I cried out with my mother’s grief, none but Jesus heard me! And ain’t I a woman?”

.. When Truth asked the group of mostly white women in her audience whether she was a woman, she was not simply pointing to the hypocrisy of Western thought in which nations and “civilized” societies were built on the enslavement, murder and exploitation of women and children. Truth’s question was a provocation, a challenge to a racial structure built on the dehumanization of an entire group of human beings.

.. The barbarity of American slavery should be recalled more often, if only to truly understand the significance of its demise. It was

  • the grief of losing one’s child,
  • being raped,
  • beaten,
  • tortured and
  • separated from your own
  • language,
  • family and friends at a whim.

.. It was a system that normalized and codified its everyday brutality. It was life in constant fear and punishing, exacting labor. And it was completely legal.

.. Who successfully sued a white man to get back her son.

.. For example, Truth, in fact, had only five children, not 13 — an embellishment attributed to those who later transcribed the speech for the illiterate former slave.

.. I think of her standing in a courtroom to claim her child and I remind myself that this is what freedom means.

.. I participated in the Occupy movement, during which a crossracial coalition of people from New York to Honolulu protested income inequality, gentrification, police brutality and unjust incarceration. The movement had many successes, but in its immediate aftermath we saw widespread crackdowns in cities around the country on people’s ability to interact and exist in urban outdoor spaces — policies that have aided efforts to criminalize the nation’s homeless and pre-emptively arrest other vulnerable populations.

.. In order to have hope, I have to believe that, after the backlash, things — for black Americans and other oppressed people here and around the world — will change again.

.. For black Americans, the struggle of emancipation is riddled with its failures: sharecropping, lynching, segregation, disenfranchisement and brutal, unfair treatment by the criminal justice system.

.. John Lewis said in a recent tweet, “Do not get lost in a sea of despair.

Be hopeful, be optimistic. Our struggle is not the struggle of a day, a week, a month, or a year, it is the struggle of a lifetime.”

 

Narcissistic Word Salad

Even if you are wise enough to avoid the C word, word salad will just take another turn.

You might ask the narc to stop treating you with disrespect. To which the Narc will answer:

“Disrespect? How interesting you use that word…remember that time you disrespected me in front of your teacher?”

To which you might reply:

“I was in seventh grade.”

And now the Narc has pulled you into their web:

“Of course it was seventh grade, but that just proves how disrespectful you’ve been your entire life.”

And if you are still crazy enough to imagine you can reason with the Narc, you might reply:

“I’d prefer to talk about our current relationship instead of events years ago.”

(Seems reasonable right?)

But the Narc will find a recent event to prove how you have shown a lack of respect:

“Okay, so how about the fact that you can’t even show up at your grandmother’s birthday dinner?”

Of course they leave out the fact that they planned the dinner on the spur of the moment, on another day that wasn’t even her birthday and you had to work that day. Be careful here, you might try to defend this by suggesting true respect would be to consult you before the party was set, but that will just take you down another rabbit trail which like all rabbit trails will lead you back to where you started.

All of the Narc’s circular reasoning and arguments are simply a distraction to make you wonder if you are the real problem, but let me state this plainly:

.. Bottom line:

The Narc needs a scapegoat and you have been selected. (Unlucky you.)

Go Ahead, Millennials, Destroy Us

they forgot what adults always forget: that our children grow up, and remember everything, and forgive nothing.

.. Those kids have suddenly understood how little their lives were ever worth to the people in power. And they’ll soon begin to realize how efficient and endless are the mechanisms of governance intended to deflect their appeals, exhaust their energy, deplete their passion and defeat them. But anyone who has ever tried to argue with adolescents knows that in the end they will have a thousand times more energy for that fight than you and a bottomless reservoir of moral rage that you burned out long ago.

.. whenever you disapprove of young people, you’re in the wrong, because you’re going to die and they’ll get to write history, but I just can’t help noticing that the liberal side isn’t much fun to be on anymore.

.. Young people have only just learned that the world is an unfair hierarchy of cruelty and greed, and it still shocks and outrages them. They don’t understand how vast and intractable the forces that have shaped this world really are and still think they can change it. Revolutions have always been driven by the young.

.. the N.R.A.’s unassailable coalition of greed and fear

.. I’d come to the conclusion that America has always been a violent nation, from our founding genocide to the slave labor that built the country to the arsenal, unprecedented in human history, that maintains our empire.

.. We spend $60 billion a year on pets

.. cynicism is also a kind of faith: the faith that nothing can change, that those institutions are corrupt beyond all accountability, immune to intimidation or appeal

.. Harvey Weinstein ultimately wasn’t the one enforcing the code of silence around his predations: It was all the agents and managers and friends and colleagues who warned actresses that he was too powerful to accuse.

.. Once people stopped believing in his invulnerability, his destruction was as instantaneous

..  It has been inspiring and thrilling to watch furious, cleareyed teenagers shame and vilify gutless politicians and soul-dead lobbyists for their complicity in the murders

.. Wayne LaPierre was reduced to gibbering like Gen. Jack D. Ripper in “Dr. Strangelove” about a “socialist” takeover and “hardening” our schools. You could see the whites all around his irises. That look is fear.

..  why adults should listen to anything young people had to say about the world. My answer:

  • because they’re afraid of you.
  • They don’t understand you. And
  • they know you’re going to replace them.

.. Go get us. Take us down — all those cringing provincials who still think climate change is a hoax, that being transgender is a fad or that “socialism” means purges and re-education camps. Rid the world of all our outmoded opinions, vestigial prejudices and rotten institutions. Gender roles as disfiguring as foot-binding, the moribund and vampiric two-party system, the savage theology of capitalism — rip it all to the ground. I for one can’t wait till we’re gone.

You Cannot Be Too Cynical About the Republican Tax Bill

The rush to enact the tax bill was designed to mask — as a break for the middle class — what is in fact a $1.4 trillion package of benefits for key donors and lobbyists, the richest members of Congress, President Trump, his family and other families like his.

.. The speed from introduction to passage — seven weeks, with no substantive hearings — effectively precluded expert examination of the legislation’s regressive core, its special interest provisions and the long-term penalties it imposes on the working poor and middle class through the use of an alternative measure of inflation — the “chained CPI.”

.. The primary authors of the report — Ari Glogower, David Kamin, Rebecca Kysar, and Darien Shanske — describe the legislation as “a substantial blow to the basic integrity of the income tax” that will “advantage the well-advised in ways that are both deliberate and inadvertent.”

.. The most serious structural problems with the bill are unavoidable outcomes of Congress’s choice to preference certain taxpayers and activities while disfavoring others — and for no discernible policy rationale.

These haphazard lines are fundamentally unfair and inefficient, and invite tax planning by sophisticated taxpayers to get within the preferred categories.

..  The game is clear: Don’t be an employee, instead be an independent contractor or partner in a firm.” The ability to make this shift is available primarily to the well-paid.

.. It means that old property can still get the benefit of expensing, but only if it is sold to another party. If the original owner holds it, they have to depreciate according to the old rules; if they sell it to another party, then suddenly the full cost is eligible for expensing

.. It appears that the buyer of the asset could even lease it back to the existing owner, so that the property doesn’t even have to go anywhere.

.. create new incentives to shift tangible assets (and jobs) abroad. Given President Trump’s relentless message about U.S. jobs, it is incomprehensible to me that we are about to pass something that has this effect without any kind of meaningful discussion of the issue.

.. lower and middle-income families, who are especially dependent upon inflation-indexed deductions, credits, and bracket thresholds, will feel the impact increasingly as time goes on.

.. In the long term, Hemel argued,

this is a very subtle way to increase taxes on the lower and middle classes and then use those revenues to pay for a massive tax cut for corporations.

.. the shift to chained CPI — a less generous, slower-growing measure of inflation than the one currently in use — would not only result in a tax increase over time, it would set a precedent for Republicans who would like to use the same method to pare back so-called entitlement programs like Social Security and Medicare. It is, in effect, a backdoor method of reducing benefits for the elderly and the disadvantaged without public scrutiny or debate.

.. offers little redress to workers who have grown to believe that the country’s tax law thicket advantages those with power, political connections and lawyers on retainer.

.. (2) Carried interest provision. When Trump was careening around in his populist candidate mode, he promised to end it. Here is one campaign promise that he “somehow” failed to redeem when the clear and available chance presented itself.

(3) Restriction on state and C local tax deduction — consciously vindictive imposition of double taxation on citizens of certain Democratic states

.. (4) Expanding the standard deduction but financing the cost of so doing by repealing the personal exemptions is a bit of a bait and switch maneuver. Some people might be worse off.

(5) In a bill in which 100s of billions of dollars were sloshing around to provide steep tax cuts for already wealthy and highly prosperous corporations and pass through businesses, the Republicans could only find the will to raise the refundable portion of the child care tax credit from $1000 to $1400. Rubio wanted it to be raised to $2000 and his Republican brethren refused to even meet him halfway. Pitiful.

.. (6) Deduction for extraordinary medical expenses — retention of this deduction did not even get the five-year sunset window applied to all the other individual tax provisions, two years only. Vicious.

.. How well does this procedure stand up to the requirements Senator Ben Sasse specified in his maiden Senate speech on Nov. 3, 2015? In it, Sasse argued that the Senate was failing in its responsibility to fully air and debate the important issues before the county, calling for what he called “a cultural recovery inside the Senate”:

.. Good teachers don’t shut down debate; they try to model Socratic seriousness by putting the best possible construction on arguments, even — and especially — if one doesn’t hold those positions.

.. How could nearly every Republican representative — and all 52 Republican senators — support the tax bill? The best answer may be the most cynical: because it benefits key leaders, their friends, their heirs and their donors.

.. it is difficult to conclude that the motivations of its sponsors are either benevolent or somehow in the best interests of the country. More likely it is hypocrisy and venality mixed up into one awful bill.

Trump always lashes out when he’s cornered. He told me so years ago.

The president’s tweets and public remarks will only get wilder as the Russia investigation narrows.

In less than two hours, he managed to criticize his own FBI; peddle a new conspiracy theory; attack James B. Comey, Hillary Clinton and ABC; and draw more attention to the Russia probe that has already implicated several of his aides.
.. As someone who spent hundreds of hours observing Trump so I could write “The Art of the Deal,” I find his increasingly extreme behavior entirely consistent and predictable.
.. For five decades now, Trump’s pattern has been that the more aggrieved and vulnerable he feels, the more intensely he doubles down on the behaviors that have always worked for him in the past.
Sunday’s tweetstorm won’t be the last time the president indulges in self-pity, deceit and deflection. In all likelihood, it will get worse.
.. Trump’s first move in the face of criticism has always been to assume the role of victim. “Unfair” has long been one of his favorite words. He always perceives himself as the victim, so he feels justified in lashing back at his perceived accusers.

.. Here’s how he explained the tactic in “The Art of the Deal”:

“When people treat me badly or unfairly or try to take advantage of me, my attitude, all my life, has been to fight back very hard.”

And this:

“Sometimes, part of making a deal is denigrating your competition.”

In the weeks ahead, Trump will also probably double down on lying, even as he falsely accuses others of being dishonest. Consider his remarkable recent suggestion to aides that his remarks on the “Access Hollywood” tape about assaulting women might not be real — even though he has already publicly acknowledged that they were his, and apologized for them. Trump regularly rewrites his narrative, using what Kellyanne Conway has called “alternative facts,” to fit whatever he wants to believe and convey in any given moment. This is classic “gaslighting” — a blend of lying, denial, insistence and intimidation designed to fuel uncertainty and doubt in others about what’s actually true.

In the time I spent with Trump, I concluded that lying became second nature to him long ago, both because he lacked any conscience about being deceptive and because he discovered that he could get away with it. “Truthful hyperbole” is the sanitized term I gave lying in “The Art of the Deal,” with Trump’s blessing. I have never met someone, before or since, who was untruthful so effortlessly.

In Trump’s mind, he is only doing what’s required to win. Here’s the way he describes himself in “The Art of the Deal”: “Despite what people think, I’m not looking to be the bad guy when it isn’t absolutely necessary.”

.. The more threatened Trump feels by troublesome facts, the more preposterous the lies he will tell.

.. To get the outcome he wants, he’s willing to be scorned, parodied and even reviled in ways most of us are not. “I’m the first to admit,” he said in “The Art of the Deal,” “that I am very competitive and that I’ll do nearly anything within legal bounds to win.” He is willing to flatter, cajole and seduce, or bully, threaten and humiliate, depending on which approach he thinks will work best.

..  I watched him switch between these modes countless times during the 18 months I spent around him.

.. If he was getting what he wanted from someone on a call, he’d invariably sign off with, “You’re the greatest, you’re the best.” If he wasn’t getting his way, he was equally comfortable hurling insults and making threats.

.. The more frequent and aggressive Trump’s tweets become, the more threatened and vulnerable he is probably feeling. But he also knows that this approach can work.

.. The other predictable pattern for Trump is his approach to loyalty. He expects it unconditionally — more so when his behaviors prompt backlash — but he provides it only as long as he gets unquestioning adulation in return.

.. One of the most revealing relationships in Trump’s life was with Roy Cohn, best known as the chief counsel to Sen. Joseph McCarthy

.. For more than a decade, Cohn fought hard on Trump’s behalf and was fiercely loyal to him. They often spoke multiple times in a day. But when Cohn became ill with AIDS in 1984, Trump dropped him immediately.

..  I can’t remember a single occasion during the time I spent around Trump when he seemed genuinely interested in the welfare of another human being, including any of his three then-young children. And at that time, he was under vastly less stress than he is now. If either Jared Kushner or Donald Trump Jr. become Mueller’s next target, I can’t help wondering what Trump will perceive as his self-interest.