The most important accomplishment of impeaching Trump was its impact on Joe Biden

Impeaching The Man Who Lost The Popular Vote was incredibly important, and not only because it was the right thing to do. Yes, he committed crimes and abused the power of his office, and yes he deserved to be impeached and removed from that office—the record of every Republican Senator other than Mitt Romney will be forever stained by their votes to acquit. History will remember their cowardice.

Beyond the morality, impeachment has had a clear, long-lasting political benefit, one that will pay dividends for Vice President Joe Biden this November. Thanks to impeachment, everyone knows that the charges Trump leveled against Joe and Hunter Biden on Ukraine—the ones he tried to blackmail that country’s president into investigating, or least announcing an intention to investigate—are utter malarkey.

Trump always feared running against Biden, and he acted corruptly in a failed bid to get enough dirt to derail the former VP’s quest to win the Democratic nomination. The impeachment process shone a bright light on Trump’s actions, and on his lies about Biden, ensuring that the smear campaign ultimately backfired.

Since the end of the impeachment trial, Trump and his minions have continued to bleat on with their completely invented and thoroughly debunked stories about the Bidens. I won’t dignify them by repeating the specifics here. Recently, Iowa Republican Senator Chuck Grassley and Wisconsin Republican Senator Ron Johnson, who heads the Homeland Security and Governmental Affairs Committee, have been “investigating”—i.e., trying to keep the story in the media—this bullshit.

Never mind that by falsely smearing Biden over Ukraine, Johnson and his fellow Republican senators are all but doing the work of Vladimir Putin for him, as this Associated Press article explained

But the stark warning that Russia is working to denigrate the Democratic presidential candidate adds to questions about the probe by Johnson’s Senate committee and whether it is mimicking, even indirectly, Russian efforts and amplifying its propaganda.

The investigation is unfolding as the country, months removed from an impeachment case that had centered on Ukraine, is dealing with a pandemic and confronting the issue of racial injustice. Yet allegations about Biden and Ukraine remain a popular topic in conservative circles, pushed by Russian media and addressed regularly by President Donald Trump and other Republicans as a potential path toward energizing his supporters.

[...] “Particularly as a public official and somebody who’s responsible for keeping the country safe, you should always be suspicious of narratives that are trying to sort of damage or target the electoral process in your country,” said former CIA officer Cindy Otis, a foreign disinformation expert and vice president of analysis at Alethea Group. “You should always be suspicious of narratives that foreign countries are pumping out.”

As Daily Kos’ Kerry Eleveld pointed out, Johnson even admitted that his so-called probe would “would certainly help Donald Trump win reelection and certainly be pretty good, I would say, evidence about not voting for Vice President Biden.” It amazing; these Republicans always manage to say the quiet part out loud, which I guess is helpful. Nevertheless, to paraphrase what Otter said to his nemesis (and professional Republican, according to the character futures provided) Gregg Marmalard in Animal House, “Gee, you’re dumb.”

Then the Orange Julius Caesar himself got into the act. On August 16 he retweeted material that our own intelligence agencies had previously identified as Russian disinformation—part of its effort to directly influence the presidential election by “denigrating” Biden. As CNN put it: “By retweeting material that the US government has already labeled as propaganda -- and doing so with the 2020 Democratic National Convention kicking off on Monday -- Trump demonstrated once again that he is willing to capitalize on foreign election meddling for his own political gain.” Here’s Virginia Democratic Senator Mark Warner:

The President of the United States should never be a willing mouthpiece for Russian propaganda. https://t.co/9y6L6uMKbM

— Mark Warner (@MarkWarner) August 17, 2020

Then came the four-day marathon of lies known as the Republican National Convention. Former Florida (where else?) Attorney General Pam Bondi went before a national audience and, once again, did Putin’s bidding by lying about the Bidens and Ukraine. The truth? When Joe Biden sought the removal of Ukrainian prosecutor Viktor Shukin he did so, as Greg Sargent of the Washington Post noted, “because the prosecutor was corrupt.” Sargent added some more important facts: “This was U.S. policy, backed by international institutions. GOP senators had no problem with it in real time. As The Post’s fact-checking team puts it, Bondi’s story is ‘fiction,’ and in reality, Joe Biden ‘was thwarting corruption, not abetting it.’” Bondi told some other lies about Hunter Biden, which the WaPo fact-checking team also debunked

When these latter day Marmalards now issue their breathtaking press releases or repeat Russian disinformation about the Bidens and Ukraine, the media—thus far at least—has been taking them for what they are: Utter horseshit. I won’t say the media has learned their lesson, but unlike 2016, when “but her emails” was literally the most reported story of the campaign, this year everyone who isn’t directly sucking at the Trump teat is treating these debunked charges with the (lack of) seriousness they deserve. 

For that, we can thank the impeachment of Donald Trump, which exposed the lies against the Bidens for what they are. The impeachment process inoculated the media and the American public by preparing them for what Trump is now trying to pull on this matter. So thank you Nancy Pelosi, thank you Adam Schiff, thank you Val Demings, thank you Jerry Nadler, and thanks to the rest of the Democratic impeachment team. I’m sure Joe Biden is thanking you as well.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

Trump must be impeached and removed for commuting Roger Stone’s sentence. Rule of law demands it

It’s very simple: By commuting Roger Stone’s sentence, The Man Who Lost The Popular Vote has sent a clear signal that anyone who does something illegal on his behalf, or who has knowledge of something illegal he has done and lies about it under oath, and/or to investigators, will never be punished. This an act that fatally weakens the constitutionally mandated checks and balances through which our democracy prevents a president from achieving dictatorial power.

Investigations cannot proceed toward any sort of justice if no one is required to tell the truth. That much should be apparent to any reasonable, objective observer, no matter their party. This president has now created a shield around himself so that he can—so long as he simply maintains the loyalty of his minions—do literally anything he wants and remain free of accountability or punishment. That cannot be allowed to stand. Our system offers but one remedy.

Thus far, only a single Republican office-holder of note has spoken out about Trump’s attack on the rule of law. All other Republicans must take a stand—either for the would-be Tyrant from Trump Tower, or for American constitutional democracy. There is no in-between.

Unprecedented, historic corruption: an American president commutes the sentence of a person convicted by a jury of lying to shield that very president.

— Mitt Romney (@MittRomney) July 11, 2020

We know the reasons we will hear from those who counsel against impeachment and removal: “but the election…..” You know what? Fuck that. This is about standing up for our Constitution. And not just the Second Amendment.

For far too long, Trump and Republican leaders in Congress, and in the states, have acted in ways that are technically within their rights (does Merrick Garland ring a bell?), but which violate fundamental constitutional norms. Commuting Roger Stone, however, goes far beyond violating norms. Even Richard Nixon didn’t pull anything like this. Trump’s corrupt actions represent a blatant attempt to destroy our democracy, and the only way to stop him is for Congress to take the one power the Constitution provides to rein in such a president.

Congress must impeach and remove Donald Trump. Now.

Journalism 101 fail: NYT article lets Republicans lie and attack, but can’t find Democrat to respond

What the hell is going on at The New York Times? This question has arisen far too often in the past few years, most recently last week after James Bennet, the paper’s now-former editorial page editor, pitched and then published—without reading it first, allegedly—a fascist op-ed by Republican Sen. Tom Cotton of Arkansas. They were rightly reamed for it, with their own 2020 Pulitzer Prize winner and "The 1619 Project" creator Nikole Hannah-Jones leading the way, saying, “As a black woman, as a journalist, as an American, I am deeply ashamed that we ran this.".

So that was a poor decision by the opinion department, but surely the folks in the Times’ news department are doing their level best and practicing solid journalism, right? They’ve learned the hard and necessary lessons from the absurdly irresponsible, obsessive way they covered “her emails” in 2016, while downplaying investigations and actual wrongdoing by The Man Who Ended Up Losing The Popular Vote, right?

Well, from what I saw in a recent Sunday edition, not so much.

Like so many New York stories, we must begin in Central Park. I was sitting on the Great Lawn—appropriately distanced from a few friends, of course—and reading the Sunday Times news section when I started muttering. Then I humphed. Then I just slapped the newspaper with the back of my hand and said, “Sorry to interrupt, guys, but you gotta hear this.”

The article that prompted my outburst was one that I initially figured would be pretty dull. “Trump Wanted a Pre-Virus Convention Crowd, or None At All,” was the print headline (it’s slightly different online). The piece focused on Trump’s threat to move the Republican National Convention from Charlotte, North Carolina (we now know that most of the convention activities, including the nomination acceptance speech, will take place in Jacksonville, Florida). The story focused on the impeached president’s dismay with the Tar Heel State’s Democratic Gov. Roy Cooper, who wouldn’t guarantee that Republicans could pack people together on the convention floor and party like it was 2019.

The article’s first quote came from Ada Fisher, a national committeewoman for North Carolina’s Republican Party. Unsurprisingly, she blamed Democrats. “There are a lot of liberal, establishment people here who just don’t like the Republican Party. People didn’t want it to happen just because Republicans were involved. But Charlotte can’t stand to lose $200 million in revenue right now.” Standard Republican boilerplate: The Democrats are a bunch of meanies. She even managed to work in both “liberal” and “establishment” as slurs. Well played, Ms. Fisher.

The next quote was from Orange Julius Caesar himself, who’d informed Cooper how stupendously North Carolina had been treated by the White House; he’d sent lots of tests and ventilators, see, as well as the National Guard. “I think we’ve done a good job!” and “We gave you a lot!” and more of the same. About what you’d expect from Trump.

Republican National Committee chair Ronna (don’t call me Romney) McDaniel’s letter to the convention’s host committee was next; essentially, she blamed the Democrats. If you’re wondering if, at any point in this journey so far, the Times offered any response from North Carolina Democrats, you already know the answer to that.

Two more Republicans weighed in before the final quotes came from the Republican state chair from Connecticut, J.R. Romano, who criticized Gov. Cooper’s supposedly over-aggressive requirements regarding wearing masks and social distancing: “We’re adults,” Romano said. “We all know the risks. If someone wants to wear a face mask, they can. If someone doesn’t, they’re taking a risk. I don’t think they had to make this mandatory.”

It is worth noting that Thursday was the fourth day in a row that coronavirus hospitalizations in North Carolina hit a new high.

I couldn’t believe that Romano’s nonsense was the end of the article. I kept waiting for the pushback, a quote from Cooper, or one his aides or allies, about the need to be careful because of the virus, or how decisions on the convention would be governed by science, or how they’d have to see how the outbreak looks in the coming weeks, or that they’d love to host the Republicans, but social distancing rules will still probably be necessary. Anything along those lines would’ve worked. Anything.

Could the authors really not find a Democrat in the entire state or country to go on record here? How did they submit this piece without making sure they at least found one? Did they even notice the imbalance? Where were their editors? There are multiple layers of editorial oversight, one would imagine, for an article on national politics that runs in the main print section of the Sunday New York Times. Did nobody ask, “Hey, can you find a quote from a frickin’ Democrat?” I’ve never worked as an editor at the Gray Lady, but that question came to mind before I was halfway through the piece.

The article did summarize the respective positions of Cooper and Trump, as well as their conversations, yet only Trump and Republicans were given space to defend their positions. Republicans’ assertions about the motivations of North Carolina Democrats also went unchallenged by the authors, other than a brief mention—far from any Republican statements—that the Centers for Disease Control and Prevention recommended mask-wearing and social distancing.

The article was written by Annie Karni and Maggie Haberman. While Karni has not faced significant criticism over her work in the past, Haberman has been called out before for pro-Trump, pro-Republican reporting. Trump has also attacked Haberman, but given that he has attacked the entire journalism profession, such attacks are a badge of honor and don’t mean anyone’s actually been unfair to him or his administration. Haberman’s critics maintain the opposite.

In May 2019, Haberman wrote an article for the Times about Hope Hicks, who had left her position as White House communications director a year earlier, then received a subpoena to testify before the House regarding her former boss and obstruction of justice (remember the Mueller report?). Haberman’s article explored whether Hicks would, you know, actually comply with the law. Yet some folks were concerned that the decision to commit a crime was framed, by Haberman, as “an existential question.”

What gets me is news breaks that this woman is weighing committing a crime before Congress &it�s getting framed by the NYT as some Lifetime drama called �Hope�s Choice.� This is a fmr admin official considering participating in a coverup led by the President. Treat her equally. https://t.co/XcNbSuU4QB

— Alexandria Ocasio-Cortez (@AOC) May 26, 2019

Anyway: Here's a dare for @maggieNYT, since she wants to write about what happens when women defy a subpoena. Write a similar story about @xychelsea, who is in jail for defying a subpoena.

— emptywheel (@emptywheel) May 26, 2019

There is nothing for Hope Hicks to �decide.� She got a subpoena from Congress. Were she not white, wealthy, and connected, we wouldn�t be having this conversation. She would appear, or she would face the threat of prison like the rest of us. As she should. https://t.co/giDCcvIxvf

— Jamil Smith (@JamilSmith) May 26, 2019

One Vanity Fair headline referred to Haberman as a “Trump Whisperer,” citing her “closeness—and fairness—to the president.” Fairness is a subjective term, but I have a hard time seeing it as fair to Roy Cooper or North Carolina Democrats that Haberman and Karni’s article quoted five angry Republicans, but not one Democrat.

Beyond the problems with Haberman’s reporting specifically, one of the biggest problems with the so-called mainstream media writ large is something called “bothsidesism,” also known as false equivalency. Bothsidesism occurs when reporters cover an issue simply by presenting the opposing views of Democrats and Republicans as equivalent, irrespective of which side is telling the truth.

Laila Lalami, writing in in The Nation, describes bothsidesism as when journalists “give space to both sides of any story, no matter what the facts show, leaving them open to manipulation by surrogates acting in bad faith and, more worrying, making it harder for ordinary citizens to remain informed and engaged.” Nancy LeTourneau, writing for Washington Monthly, notes that “For those of us who are trying to keep the door to being open-minded cracked at least a little bit, this both-siderism has a kind of gaslighting effect. You begin to question whether what you are witnessing with your own two eyes is real.”

At the Columbia Journalism Review, Jon Allsop went in-depth on bothsidesism and the Times during the impeachment of Donald Trump.

As impeachment has progressed, attacks on the “both sides” approach—and the Times, in particular—have intensified. Over the weekend, critics trained their ire on an article in the paper, headlined “The Breach Widens as Congress Nears a Partisan Impeachment,” about a debate in the Judiciary Committee. Nate Silver, of FiveThirtyEight, noted that the actual words “both sides” appeared four times in the piece. (One of these was in a quotation.) Jay Rosen, a journalism professor at NYU, listed 12 more snippets from the article as evidence of the Times’s inability to handle what he calls “asymmetrical polarization.” They included “the different impeachment realities that the two parties are living in,” “both sides engaged in a kind of mutually assured destruction,” and “the two parties could not even agree on a basic set of facts in front of them.”

Rosen is right that this sort of language is inadequate: Democrats, for the most part, are engaging with the factual record; Republicans, for the most part, are not. These positions are manifestly not equivalent. Treating them as such does not serve any useful concept of fairness; instead, it rebounds clearly to the advantage of the one side (Republicans) for whom nonsense being taken seriously is a victory in itself. The Times is far from the only culprit.

The Times also blew it when covering Trump’s remarks after back-to-back mass shootings in August 2019—one of which was carried out by a racist who specifically targeted Latinx Americans. The initial headline—in all caps (something done relatively rarely, as it indicates special importance)—read “TRUMP URGES UNITY VS. RACISM.” Democratic Sen. Cory Booker of New Jersey, among many others, pushed back hard on that framing.

Lives literally depend on you doing better, NYT. Please do. https://t.co/L4CpCb8zLi

— Cory Booker (@CoryBooker) August 6, 2019

After facing a lot of heat, the headline was changed to “ASSAILING HATE BUT NOT GUNS.” A spokesperson for the Times admitted that “The headline was bad and has been changed for the second edition.” Executive editor Dean Baquet also called it a “bad headline.” The final headline, at least online, reads: “Trump Condemns White Supremacy but Stops Short of Major Gun Controls.” The Confederacy’s Biggest Fan, of course, still liked the original headline best, calling it “the correct description” of what he’d said.

What mattered, in the context of the mass shootings, was that Trump had declared a refusal to support any significant new gun control measures, such as universal background checks, or bans on high capacity ammunition magazines. However, the Times’  first instinct was to praise Trump as an anti-racist unifier. Let that choice sink in.

It’s bad enough when reporters at mainstream media outlets are so afraid of being accused of showing “liberal bias” that they engage in bothsidesism and false equivalency. Regarding the Sunday Times article about the RNC, presenting both sides would have been an improvement, as the authors literally only gave us one side of a political story in which Democrats and Republicans disagreed. Yet what the article on the battle over the RNC convention shares with other New York Times pieces that are guilty of bothsidesism is the willingness to bend over backward to help Republicans. And they call that paper the liberal media.

There are no quick fixes here for The Times. As for constructive criticism, journalists at The Times could do a lot worse than to listen to the aforementioned Professor Rosen. Rosen diagnosed the crux of the paper’s problem a couple of years ago (and is as good a media critic as there is), in a long analysis that’s worth reading. One quote in particular hits the nail on the head.

“Remember when the Washington Post came out with its new motto, “Democracy Dies in Darkness?” It put Post journalism on the side of keeping democracy alive. Dean Baquet, executive editor of the Times, made fun of it. ‘Sounds like the next Batman movie,’ he said.”

You know what they say about the fish rotting from the head down? Perhaps the entire staff, top to bottom, could undergo the kind of training they did at The Telegraph (UK), which Rosen also cited as a way to help mainstream media journalists unlearn some of their worst habits.

To paraphrase Ted “Theodore” Logan, strange things are afoot at The New York Times, and not at all in the cool, “I just met George Carlin outside the Circle K” kind of way. In all seriousness, what The Times did here is reflective of what’s been going on for generations. In 1969, Vice President Spiro Agnew drew up the playbook for Republican liars attacking the media in order to intimidate them into providing more favorable coverage; the Koch brothers have kept that tradition alive. In sports, this is called “working the refs,” and Paul Krugman rightly applied the term to the imbalance in how the media covered Trump as compared to Hillary Clinton in 2016.

To the detriment of American politics, the American people, and our democracy, we’ve had four more years of this media malpractice since then. If mainstream media outlets keep this up, and we end up with four more of Trump as a result, there may not be much of a free media left to cover his second term. It’s on all of us to do our part between now and November to make sure that doesn’t happen.

Ian Reifowitz is the author of  The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

When it comes to packing the federal courts, McConnell and Trump have no shame—and no principles

Focusing on the long-term—especially about matters of governmental and political process—isn’t exactly the easiest thing to do in the middle of a pandemic. However, Republicans never seem to think it’s the wrong time to push every button made available to them in their quest to gain as much power as possible. No matter what constitutional or historical norms they have to trample on, Donald Trump and his party are determined to create a conservative judiciary at the federal level that will endure for a quarter-century or more.

Let’s start, however, with what’s going on in 2020. Moscow Mitch—Republican Senate Majority Leader Mitch McConnell, that is—has been doing things the Founders likely never envisioned when they wrote our Constitution. He, along with allies, have been making calls to aging conservative jurists on the federal courts, reminding them that the clock is ticking—on Trump’s time in the White House, on the Republicans’ hold on the Senate, and, most appropriately given his embrace of the nickname “Grim Reaper,” on their very lives. McConnell has been urging them to all retire ASAP so that he and The Man Who Lost The Popular Vote can put as many young whipper-snappers as possible into lifetime seats on the federal bench, seats they’ll hold long past a Sasha Obama presidency.

Democratic Senate Minority Leader Chuck Schumer recently called McConnell out on this blatant manipulation of the process: “Senator McConnell knows he can’t achieve any of his extreme goals legislatively, so he continues to attempt to pull America to the far right by packing the courts.”

As The New York Times notes, some progressives have made statements urging justices to stay in their positions so that Trump can’t appoint their successors, but McConnell has achieved a new low by targeting individual judges and asking them to retire. This ask is a nasty one, on par with greedy heirs rooting for wealthy relatives to die sometime before 2010 came to an end ... just so they could dodge the temporarily-repealed estate tax.

McConnell here is repeating, in private, sentiments that members of his party such as Senate Judiciary Committee Chair Chuck Grassley publicly expressed in the run-up to the 2018 midterms: “If you are thinking about quitting this year, do it yesterday. If we have a Democrat Senate, you’re never going to get the kind of people that are strict constructionists.”

For anyone confused, “strict constructionists”—i.e., conservative judges who claim that all they do is look to the plain text of the Constitution when making their rulings—is really just a fancy term Republicans use in public to give a more objective veneer to their preferred judicial approach, which almost always—coincidentally, of course—comes down on the side of the powerful. In other words, characterizing conservative judges as strict constructionists sounds less political than saying that they are right-wing ideologues who vote just like Rush Limbaugh would—even though the latter is the truth.

Republicans are being quite systematic about this whole affair. Their efforts are supported by a private organization called the Article III Project, named after the part of the Constitution that establishes lifetime tenure for federal judges, subject to impeachment and removal if they fail to live up to the standard of “good behaviour” laid down therein. This group exists to “fight for the confirmation of President Trump’s judicial nominees.”

The helpful folks over at A3P—that’s their clever moniker—want to clear out as many existing judges as possible. They’ve identified 90 who were appointed by a previous Republican president and who, based on their age and how many years they’ve served, either qualify or will qualify by year’s end for something called senior status.

According to the court system’s rules, those who take senior status now rather than outright retire allow Trump to put another, younger conservative in their place just as if they had retired. But judges on senior status get to keep drawing their full salary, hire clerks, and hear a reduced caseload. If this sounds bananas to you, you’re not alone. In fact, it’s the best of both worlds for those senior judges and for Republican leaders who want to increase their imprint on the judiciary. Thanks to A3P’s work, McConnell has a long list of people to target and a very attractive offer to make them.

McConnell and Trump have made a great effort to, in the senator’s words, “leave no vacancy behind.” They have placed 51 judges onto the U.S. Court of Appeals in Trump’s first three years (and 191 federal judges overall, as well as two on the Supreme Court), compared to 55 in Barack Obama’s entire eight years in office, and 62 during George W. Bush’s presidency. Trump has now named more than one-quarter of all sitting U.S. Appeals Court justices.

A good chunk of those new appellate judges—more than one out of three—took a spot previously held by a Democratic-appointed justice, thus shifting the bench hard to the right. Particularly noteworthy is the contrast between the diversity of the judges Obama appointed—only 31% of whom were white men, compared to 67% for Trump. For reference, somewhere around 40-45% of lawyers are white males, and white males constitute around 30% of the overall U.S. population, according to census data.

The New York Times conducted an in-depth analysis earlier this month of these Trump judges and found that they differ “significantly” from those nominated by either Obama or G.W. Bush. Regarding their activities prior to being nominated by Trump, they had been “more openly engaged in causes important to Republicans, such as opposition to gay marriage and to government funding for abortion.” They were also more likely to have been political appointees and made political donations. Even more alarming has been their impact after taking up their new positions:

When ruling on cases, they have been notably more likely than other Republican appointees to disagree with peers selected by Democratic presidents, and more likely to agree with those Republican appointees, suggesting they are more consistently conservative. Among the dozen or so judges that most fit the pattern, The Times found, are three Mr. Trump has signaled were on his Supreme Court shortlist.

While the appellate courts favor consensus and disagreement remains relatively rare — there were 125 instances when a Trump appointee wrote the majority opinion or dissent in a split decision — the new judges have ruled on disputed cases across a range of contentious issues, including abortion, immigration, L.G.B.T. rights and lobbying requirements, the examination shows.

Sen. McConnell has long been clear about the level of importance he places on reshaping the federal judiciary. "There are over 1,200 executive branch appointments that come to us for confirmation, and among the most important—in fact, I would argue, the most important—confirmations we have are lifetime appointments to the judiciary," McConnell told NPR. "Obviously, this is my top priority."

McConnell’s success in placing conservative judges on the federal bench during Trump’s tenure is a direct result of his actions in the final two years of Obama’s presidency. After Republicans took control of the Senate in 2015, they basically just stopped approving his nominees. The Brookings Institution noted the “unprecedentedly miniscule number of confirmations” that were carried out in those two years under McConnell’s leadership. That’s why there were 103 open seats on the federal bench for Trump to fill when he was inaugurated.

Without question, the most important of those openings was on the Supreme Court. McConnell ensured that seat remained open for almost a full year after the death of Justice Antonin Scalia by denying a hearing, let alone a vote, to President Obama’s nominee, U.S. District Court Chief Justice Merrick Garland. Garland was a moderate about whom Republican Sen. Orrin Hatch had said in 2010: “I have no doubts that Garland would get a lot of (Senate) votes. And I will do my best to help him get them.” However, Hatch did not keep his word in 2016. Oh, and during the Supreme Court confirmation process for Brett Kavanaugh, he pretended like the Garland nomination never happened. That’s what you call a double back-flip worth of bullshit.

Additionally, Garland was 63 years old when Obama nominated him, so his age itself served as a kind of compromise when compared to, for example, the nomination of 43-year-old Clarence Thomas by George H.W. Bush to a lifetime seat on the highest court back in 1992.

The way McConnell and Co. abused the established process when they essentially ignored a presidential nomination to the Supreme Court also qualifies as unprecedented, despite widely debunked Republican protestations to the contrary. As The New York Times editorial board wrote shortly after the 2016 election, the seat in which Justice Neil Gorsuch now sits is a “stolen seat.” Encouraging a mass wave of retirements in order to give Trump an even more outsized imprint on the federal judiciary would, if it succeeds, represent another form of theft.

All of this—from the blocking of Garland to the personalized arm-twisting aimed at getting judges to give up their seats in the coming months before it’s too late—reflects a level of cynicism and rejection of principle that has defined the contemporary Republican Party going back to even before Trump took it over. Principles? To Republicans, those are for suckers, i.e. Democrats.

Our Constitution’s authors were, generally speaking, not naive. They didn’t trust easily—they created the Electoral College because they didn’t trust the people to directly elect our president. However, the Framers failed to anticipate how the rules they wrote into the Constitution might be abused. They likely did not imagine that the Senate’s charge to provide “advice and consent,” as laid out in Article II, Section 2, Clause 2 of the Constitution, would lead to the kind of treatment with which the nomination of Judge Garland was met. The Framers never planned for Mitch McConnell.

Because of what he has done, Democrats are faced with a choice if and when they retake the White House and the Senate. Do they act in kind, and similarly game the system? Or do they take the high road, which would allow Republicans to hold on to their ill-gotten gains in the judicial branch? Keep in minds they all too often use those gains to further tighten their grip on power through judicial rulings on, for example, matters like voting rights or gerrymandering.

There’s only one way out of that dilemma: namely, to fundamentally alter the process so that it could not be gamed so easily. We need to get rid of lifetime tenure for federal judges, from the Supreme Court right on down the line. There are many different proposals out there, most of which focus on term limits for the highest court, but McConnell’s most recent actions make clear that such limits are necessary at lower levels as well. I haven’t seen polling done on term limits for all federal judges, but Supreme Court term limits are quite popular, with Democrats, Republicans, and independents all expressing similar levels of support.

To be sure, it would not be easy to implement such changes, as they would require a constitutional amendment. Nevertheless, such changes are necessary because any process that is based on principles, for example the idea that life tenure for justices is necessary to ensure that they'll be independent and removed from politics, will be abused by Republicans who have no principles at all.

Our democratic system must be governed by processes that prevent abuse by the unprincipled. As I’ve written before, Republicans seem to be taking their cues from young adult fiction of all places, leaning on the values of Harry Potter’s nemesis, Lord Voldemort—derived from Friedrich Nietzsche, the German philosopher who has inspired everyone on the right from Hitler to today’s white nationalists (even if they all get him wrong, but that’s another story): “There is no good and evil, there is only power, and those too weak to seek it.”

Nancy LeTourneau at Washington Monthly wrote that McConnell’s recent “outreach” to aging Republican judges indicates that he is “running scared” because “he is aware that his party will soon be out of power.” I rarely hope that McConnell is right about anything.

This time, however, Moscow Mitch and I are completely on the same page.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)